HomeMy WebLinkAboutResolution No. 4800 RESOLUTION NO. 4800
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 contacted all of the affected property owners to discuss the need to
obtain the necessary right of way needed to make the improvements. All property owners indicated
a willingness to work with the City. 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
Mnnicipal 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
Resolution- 1
signals, lighting, sidewalks and paths, street trees and other landscaping; railroad crossing
improvements; and undergrounding of some utilities, in accordance with the design prepared by the
C~ty 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 26th day of July, 2004.
"~City Recorder
Resolution - 2
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EXHIBIT A
PAGE 1 OF 2
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CITY OF EUGENE
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