HomeMy WebLinkAboutResolution No. 4774
RESOLUTION NO. 4774
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE
ACQUISITION OF PROPERTY INTERESTS (TL 100, 102,
AND 103 ON TAX MAP 17-03-28-40, AND TL 100 ON TAX
MAP 17-03-28-14) FOR THE PROPOSED CONSTRUCTION
OF GARDEN WAY FROM SISTERS VIEW A VENUE TO
MARTIN LUTHER KING JR. BOULEVARD, AND THE
NORTH SIDE OF MARTIN LUTHER KING JR.
BOULEVARD FROM MARC HE CHASE DRIVE TO 1-5.
The City Council of the City of Eugene finds that:
A. The City Council has authority under provisions of the City Charter and applicable
state law to institute proceedings in eminent domain for the acquisition by condemnation of private
property for public purposes, including street improvement projects.
B. The City Council has approved the design of a street improvement project on Garden
Way and has authorized staff to proceed with acquisition of property interests on Garden Way from
Sisters View Avenue to Martin Luther King Jr. Boulevard, and the north side of Martin Luther King
Jr. Boulevard from Marche Chase Drive to 1-5 for the proposed street improvement construction.
C. City staff has worked with all affected property owners to obtain the necessary right
of way needed to make improvements to Garden Way. All ofthe right of way needed for the project
has been obtained, except for the parcels described on Exhibit A attached hereto. These last
remaining parcels are needed to construct the design as approved.
D. Acquisition by the City of these parcels is necessary in order to start construction in
2004.
E. The public good realized from the project far outweighs any damage which the
property owners might sustain, particularly in light of the City's obligation to provide just
compensation to the affected property owners.
Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, A
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based upon the findings, which are incorporated herein by reference and hereby
Resolution - I
adopted, the City Council of the City of Eugene does hereby find, declare, and determine it necessary
to acquire certain ownership interests to the parcels of real property more particularly described on
Exhibit A attached hereto and incorporated herein by reference in order to acquire land necessary
to construct Garden Way from Sisters View Avenue to Martin Luther King Jr. Boulevard, and the
north side of Martin Luther King Jr. Boulevard from Marche Chase Drive to 1-5, in accordance with
the design prepared by the City Engineer and approved by the City Manager.
Section 2. The City Council does hereby direct that the City Manager or the Manager's
designee shall institute negotiations with affected property owners( s) to acquire the needed property
interests and institute proceedings in eminent domain for the condemnation of the real property
interests described in Section I, and, at least 20 days prior to the filing of any action for
condemnation to make a written offers to the owners or parties having an interest therein of a stated
amount as compensation therefor and for any compensable damages to remaining property.
Section 3. The City Council further directs that the City Manager or the Manager's designee
shall obtain for the City immediate possession of the real property interests described in Section 1
if negotiations will delay the construction of the described improvements.
Section 4. The City Council hereby declares that the improvements above set forth are for
a public purpose, are necessary for the public welfare, are the most compatible with the greatest
public good and the least private injury, and are authorized under the laws ofthe State of Oregon and
Charter and ordinances of the City of Eugene.
Section 5. The City Council further declares that the real property interests described in
Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and,
in any event, no later than ten years from the date this Resolution is adopted by the Council.
Section 6. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 8th day of September, 2003.
~~~
City Recorder
Resolution - 2
OWNER:
OWNER:
EXHIBIT "A"
GORDON K. WYLIE AND LINDA WYLIE
Map 17-03-28-40 Tax Lots 100, 102, 103
NORTHWEST PIPELINE CORPORATION
Map 17-03-28-14 Tax Lot 100
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