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Home My WebLink AboutItem 2D - ROW AcquisitionEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of Resolution 4790 Authorizing the Institution of Proceedings in Eminent Domain for the Acquisition of Property Interests for Improvements to the Transportation Infrastructure in the Vicinity of the New Federal Courthouse Meeting Date: June 14, 2004 Agenda Item Number: 2D Department: Public Works Staff Contact: Mark Schoening www. cl. eugene, or. us Contact Telephone Number: 682-5243 AGENDA ITEM SUMMARY The City Council is being requested to adopt a resolution authorizing the institution of proceedings in eminent domain for the acquisition of property interests for the improvements to the transportation infrastructure in the vicinity of the new federal courthouse. BACKGROUND Council Action History On July 31, 2002, the council adopted the Courthouse District Concept Plan which identifies transportation infrastructure improvements for the Courthouse District. On March 8, 2004, the council adopted Supplemental Budget authorizing $350,000 to partially fund design work for the transportation infrastructure for the Courthouse District. On April 12, 2004, the council adopted the Eugene Downtown Plan that recognizes the transportation infrastructure improvements planned for the Courthouse District. On May 24, 2004, the council adopted the Central Area Transportation System (CATS) Plan that includes transportation infrastructure strategies for the Courthouse District. Policy Issues Not applicable Council Goals Sustainable Community Development A community that retains a high quality of life and a healthy economy, effectively fink; land use and transportation planning, and succes,fully manages growth and change in the urban environment. This project implements land use plans and transportation plans and encourages a high quality of life and healthy community by providing a safe, multi-modal transportation infrastructure to connect the downtown core with the Courthouse District and the river corridor and encourages a healthy economy while managing growth and change in our urban environment by facilitating the development of the courthouse district. L:\CMO\2004 Council Agendas\M040614\S0406142D.doc Financial and/or Resource Considerations The funding for design work for the transportation infrastructure has been allocated and federal funding for the project is anticipated to become available this fall. Lane County will provide $1.6 million for the match of the federal funding. Other Background Information Improvements are to the existing transportation infrastructure and rehabilitation ofwastewater system. The transportation improvements include realignment and construction of new roadways, upgrading existing roadways including stormwater improvements, traffic signals, sidewalks and paths, street trees and other landscaping, lighting, railroad crossing improvements and under-grounding of some utilities. Properties requiring acquisitions have been identified (see attached map). Adoption of the resolution will empower Public Works Engineering staff to proceed with timely acquisition of necessary rights-of- way. Appraisals will be prepared and negotiations with affected property owners will be conducted consistent with the Federal Relocation and Real Property Acquisition Act and Oregon Revised Statutes. Condemnation proceedings (initiation of court action) will only be used as a last resort if negotiations do not result in a mutually acceptable agreement. Authorization at this time will avoid repeating common steps in the acquisition process if negotiations fail and provides property owners with 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. Just compensation includes the appraised value of all the land and improvements within the acquisition, including consideration of financial damages to the remainder parcel in the case of a partial acquisition. 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. Timing The City's goal is to provide transportation infrastructure for the new Federal Courthouse prior to the opening date, projected to be in Spring 2006. Passage of this resolution will provide for more timely and efficient right-of-way acquisition to facilitate completing the project. OPTIONS The council' s options are to adopt the resolution authorizing the use of eminent domain to acquire the property or to direct staff to continue attempting to negotiate purchase of the property without the power of eminent domain. STAFF RECOMMENDATION Staff recommends that the council adopt the resolution authorizing acquisition through the eminent domain process of needed rights-of-way for the purposes of construction of the infrastructure in the Courthouse District. L:\CMO\2004 Council Agendas\M040614\S0406142D.doc SUGGESTED MOTION Motion to adopt Resolution 4790, authorizing the institution of proceedings in eminent domain for the acquisition of property interests (Map 17-03-31-14 lot 200; Map 17-03-32-22 lots 1 lee, 1300, 1400; Map 17-03-32-23 lots lee, 200, 300, 500, 600, 700, 2400, 2600, 2700, 2900, 3002 and Map 17-03-32- 24 lot 1601) for the improvements to the transportation infrastructure in the vicinity of the new federal courthouse. ATTACHMENTS A. Proposed Resolution FOR MORE INFORMATION Staff Contact: Mark Schoening Telephone: 682-5243 Staff E-Mail: mark. a. schoening~ci, eugene, or. us L:\CMO\2004 Council Agendas\M040614\S0406142D.doc ATTACHMENT A RESOLUTION NO. A RESOLUTION AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FOR IMPROVEMENTS TO THE TRANSPORTATION INFRASTRUCTURE IN THE VICINITY OF THE NEW FEDERAL COURTHOUSE. 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 and stormwater improvement projects. B. The City Council has approved the design concept for improvements to existing transportation infrastructure in the vicinity of the new Federal Courthouse consisting of the construction of a new roadway and upgrading the existing roadway; stormwater improvements; installation of traffic signals, lighting, sidewalks and paths, street trees and other landscaping; railroad crossing improvements; and under-grounding of some utilities. C. City staff has worked with some of the affected property owners to obtain the necessary right of way needed to make the improvements. All of the right of way needed for construction of the improvements is described on Exhibit A attached hereto. D. 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 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 improvements to the transportation infrastructure, which includes construction of a new roadway; upgrading an existing roadway, including stormwater improvements; installation of traffic signals, lighting, sidewalks and paths, street trees and other Resolution- 1 landscaping; railroad crossing improvements; and undergrounding of some utilities, 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 1, and, at least 40 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 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 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 __ day of June, 2004. City Recorder Resolution - 2 I 23 TL 2900 ! E~ ARMORED TRANS 17 03 32 23 TL 2700 ~:: A ED TRANS 17 03 32 23 TL 3002 cY JACOBSON 17 03 52 25 TL 2600 32 DUNKIN DONUTS 1'7 03 32 23 'TL 2400 FERRY [-~hibit'A -Paie 1 of 2 Cl-l-y Oi= EUGENE FEDERAL COURTHOUSE PUBLIC WORK5 ENGINEERING DISTRICT SCALE = N.T.5. DRAPTED DY: R LYON5 DESIGNED DY J RAMIREZ RIGHT OF WAY SITUATION 5:\?rojecf.5\?roj-3\3973 GSA MILLRAC~MIDC~COUNCIL2.dw~J Jun 07, 2004 ~ COLDSTOR 17 03 32 22 TL 1100 [~] LANEAUTO 17053224 TL1601 j · [~_~ ~u~o~o~ ~ o~ ~ ~ ~ ~oo ~ LUDINOTON 17 05 52 25 TL 200 ~ CHEN 17 03 ~2 23 TL 300 , ~ GOLDEN ARCH 17 03 32 25 TL 600 ' ~ ~ HWANO 17055225 TL700 ~ ~X ~ / CI~ OF ~UGENE FEDE~L OOURTHOUSE PUBLIC WORKS ENGINEERING ~ISTRIOT 5CAE[ = N.T.5. D~ED BY: R LYONS DESIGNED 6Y J ~MIREZ RIGNT OF WAY 81TUATION ~:~Pro~tP~o~-~7~ GSA MILL~C~MIS~COUNCIL.dwg Jun 07, 2004