HomeMy WebLinkAboutItem 2E: Resolution for Delta Ponds Bridge
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Adoption of Resolution 4972 Authorizing the Institution of Proceedings in
Eminent Domain for the Acquisition of Property Interests for the
Delta Ponds Bridge Project (Job 4378)
Meeting Date: April 27, 2009 Agenda Item Number: 2E
Department: Public Works-Engineering Staff Contact: Mark Schoening
www.eugene-or.gov Contact Telephone Number: 682-5243
ISSUE STATEMENT
The council is being requested to adopt a resolution (Attachment A) authorizing the institution of
proceedings in eminent domain (condemnation) for the acquisition of property interests from the
remaining property ownership for the construction of the pedestrian/bicycle bridge at Delta Highway
near Delta Ponds.
BACKGROUND
The Delta Ponds bicycle and pedestrian bridge project includes a grade-separated, bicycle and pedestrian
path with a 340-foot-long bridge span over the Delta Highway, connecting Robin Hood Avenue on the
east to Goodpasture Island Road and the Riverbank trail system on the west.
All properties needed for this Project (see Attachment B) have been acquired with the exception of one.
That property is leased by Kendall Hyundai and owned by Romania Land Company, LLC. The
acquisition has now become a critical path item per the terms of the federal economic stimulus funding
to construct the improvements this summer. Adoption of the resolution will empower Public Works
Engineering to proceed with timely acquisition of necessary rights-of-way. Appraisals have been
prepared and negotiations with affected property owners are ongoing consistent with the Federal
Relocation and Real Property Acquisition Act and Oregon Revised Statutes. At this time, initiation of
condemnation action may be necessary to obtain the required legal possession. The authorization of the
condemnation provides further documentation to property owners regarding income tax benefits
available to them when properties are sold under threat of condemnation per IRS Code 1033.
Owners of property needed for public projects such as this one are offered just compensation for the
required property interests as determined by an appraisal. Just compensation includes the appraised
value of all the property rights and improvements within the acquisition area, including consideration of
financial damages to the remainder parcel in the case of a partial acquisition. In this case the property
rights being acquired are in the form of easements. Acquisition procedures, guided by Federal
Regulations and Oregon Revised Statues, have been designed to protect both owners of properties
needed for public projects as well as the public agency.
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The City’s goal is to advertise the proposed bridge project in late May with the bid opening and award in
late June of 2009. Passage of this resolution will allow the City to acquire the necessary right-of-way to
initiate construction this summer.
RELATED CITY POLICIES
The Delta Ponds bicycle and pedestrian bridge project has been included in the City’s transportation
system plan (Transplan) since 1986. It was identified in Transplan as a needed project because the
existing bridges across the Delta Highway are not safe routes for pedestrians and bicyclists.
COUNCIL OPTIONS
The council’s options are to adopt the resolution authorizing the use of eminent domain to acquire the
remaining property rights or to direct staff to continue attempting to negotiate purchase of the property
without the power of eminent domain.
CITY MANAGER’S RECOMMENDATION
Staff recommends that the council adopt the resolution authorizing acquisition through the eminent
domain process of the needed rights-of-way for the purposes of construction of the infrastructure in the
Courthouse District.
SUGGESTED MOTION
Move to adopt Resolution 4972, authorizing the institution of proceedings in eminent domain for the
acquisition of property interests for the Delta Ponds Bridge Project (Job 4378).
ATTACHMENTS
A. Proposed Resolution
B. Map
FOR MORE INFORMATION
Staff Contact: Russ Royer
Telephone: 682-5264
Staff E-Mail: russ.c.royer@ci.eugene.or.us
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ATTACHMENT A
RESOLUTION NO. ______
A RESOLUTION AUTHORIZING THE INSTITUTION OF
PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF
PROPERTY INTERESTS FOR THE DELTA PONDS BRIDGE PROJECT.
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 transportation easements and
temporary construction easements for improvement projects.
B.
In February, 2009, the Oregon Transportation Commission approved a Federal
Highway Administration transportation enhancement grant to construct a pedestrian-bicycle path
in the vicinity of the Delta Ponds and Delta Highway. The Delta Ponds Bridge Project (“the
Project”) has been in planning and design for years. Environmental documentation has been
completed and the Project is consistent with adopted plans and policies including TransPlan and
the City’s Parks Recreation and Open Space Project and Priority Plan.
C.
The Project requires acquisition of property owned by Romania Land Company,
LLC. City staff has contacted the property owner and delivered an Offer to Purchase, but an
agreement has not yet been reached. Timely acquisition of the easement is necessary in order to
complete the Project. All of the permanent and temporary construction easement rights of way
needed for construction of the Project are depicted on the map attached as Exhibit A to this
Resolution.
D.
The public good realized from the project far outweighs any damage which the
property owner might sustain, particularly in light of the City’s obligation to provide just
compensation to the affected property owner.
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 above findings, which are adopted and incorporated herein by
reference, the City Council of the City of Eugene finds, declares, and determines it necessary to
acquire permanent public access way easement areas of approximately 2,029 square feet, a
temporary construction easement area of approximately 34,902 square feet, and a blanket
easement area of approximately 17,500 square feet, more particularly depicted on Exhibit A
attached to this Resolution and incorporated herein by reference. The acquisition is necessary in
order to construct pedestrian-bicycle path over the Delta Ponds and Delta Highway, in
accordance with the design prepared by the City Engineer and approved by the City Manager.
Resolution - Page 1 of 2
Section 2
. The City Council directs that the City Manager or the Managers designee
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shall continue negotiations with the affected property owner to acquire the needed property
interests and, if necessary, institute proceedings in eminent domain for the condemnation of the
real property interests described in Section 1. At least 40 days prior to the filing of any action for
condemnation the City Manager or the Manager’s designee shall make a written offer to the
owner or parties having an interest in the property 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 improvement.
Section 4
. The City Council declares that the improvement described above is for a
public purpose, is necessary for the public welfare, is the most compatible with the greatest
public good and the least private injury, and is authorized under the laws of the State of Oregon
and Charter and ordinances of the City of Eugene.
Section 5
. The City Council further declares that the real property interest 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 ___ day of _______________, 2009.
______________________________________
City Recorder
00226370.DOC;1
Resolution - Page 2 of 2