HomeMy WebLinkAboutItem 15 Revised Franklin Boulevard Resolution of Necessity AGENDA ITEM SUMMARY Meeting Date: 2/21/2017
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mary Bridget Smith/CAO
Staff Phone No: 541-746-9621
Estimated Time: 5 minutes S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE:
REVISED FRANKLIN BOULEVARD RESOLUTION OF NECESSITY
ACTION REQUESTED:
Adopt/not adopt the following resolution: RESOLUTION EXERCISING THE
POWER OF EMINENT DOMAIN AND AUTHORIZING A RESOLUTION PURSUANT TO ORS 223.005, ORS 223.105 AND ORS 35.600-625
CONCERNING ACQUISITION RIGHT OF WAY NECESSARY FOR THE FRANKLIN BOULEVARD REDEVELOPMENT PROJECT (PHASE I) (Project No. P21066)
ISSUE STATEMENT: The City Attorney’s Office requests that Council adopt a revised Resolution of
Necessity authorizing right of way acquisition needed for the Franklin Boulevard
Redevelopment Project as required by law.
ATTACHMENTS:
Attachment 1: Proposed Resolution of Necessity
DISCUSSION/ FINANCIAL
IMPACT:
Council adopted a previous Resolution of Necessity in July of 2015, and another in
May of 2016 based on the 90% design of the Franklin Boulevard Redevelopment Project, Phase I.
In July of 2016, the City filed a condemnation lawsuit against one of the property owners located within the Franklin Boulevard Redevelopment Project (TI-4197
Franklin Blvd., LLC/Buy2 Convenience Store). The City has since determined that the temporary construction easement for this specific property should be smaller and is asking the Council to pass a Resolution based on that revised design. The
next step will be to amend the legal Complaint to more accurately reflect the correct size temporary construction easement. The City has been actively pursuing settlement in this matter and will continue with those efforts.
N:\OneDrive for Business\City\Condemnation\Franklin ROW Condemnation\AIS for Resolution of Necessity (Phase I)(3) 2.2017.docx
RESOLUTION NO. _____
RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN AND AUTHORIZING
A RESOLUTION PURSUANT TO ORS 223.005, ORS 223.105 and ORS 35.600-625
CONCERNING ACQUISTION RIGHT OF WAY NECESSARY FOR THE FRANKLIN
BOULEVARD REDEVELOPMENT PROJECT (PHASE I)
(Project No. P21066)
WHEREAS, the City of Springfield may exercise the power of eminent domain pursuant to
Springfield City Charter and the law of the State of Oregon, generally, when the exercise of
such power is deemed necessary by the governing body to accomplish public purposes for
which the City of Springfield has responsibility;
WHEREAS, the purpose of the Franklin Boulevard Redevelopment Project (Phase I) is to
build a multi-way boulevard that will have roundabouts, sidewalks, separate pedestrian and
bicycle facilities from vehicle traffic, provide bicycle access and better safety for those
traveling on the road;
WHEREAS, on May 2, 2016, the City passed a Resolution of Necessity based on the 90%
design of the Franklin Boulevard Redevelopment Project, Phase I (Resolution 2016-13);
WHEREAS, in July of 2016, the City filed a condemnation lawsuit for right-of-way and a
temporary construction easement against one of the properties included in Resolution 2016-
13 owned by TI-4197 Franklin Boulevard, LLC located at 1430 S. Brooklyn Street and 4105
Franklin Blvd., Eugene, Oregon, Map Identification and Tax Lot No. 17-03-34-43-00100;
WHEREAS, after further evaluation, the City has determined that the temporary
construction easement for the TI-4197 Franklin Boulevard, LLC property should be revised
from the original description and diagram to the diagram described and depicted in Exhibit A
of this Resolution which is attached to this Resolution and, by this reference incorporated
herein;
WHEREAS, the public good realized by this project far outweighs any damage that the
property owners might sustain, particularly in light of the City’s obligation to provide just
compensation to the affected property owners;
WHEREAS, the appropriation of such land is reasonably necessary to protect the full use
and enjoyment by the public of Franklin Boulevard.
NOW, THEREFORE, based on the above findings, the Common Council of the City of
Springfield does hereby resolve as follows:
Section 1: The foregoing statements of authority and need are, in fact, the case. The
project for which the property is required and is being acquired are necessary in the public
interest, and the same have been planned, designed, located, and will be constructed in a
Attachment 1, Page 1 of 3
manner which will be most compatible with the greatest public good and the least private
injury.
Section 2: The power of eminent domain is hereby exercised with respect to acquiring the
easement interest in property described in Exhibit A. Each is acquired subject to payment of
just compensation and subject to procedural requirements of Oregon law.
Section 3: The City of Springfield’s staff and attorneys are authorized and requested to
attempt to agree with the owner and other persons in interest as to the compensation to be
paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to
commence and prosecute such condemnation proceedings as may be necessary to finally
determine just compensation or any other issue appropriate to be determined by a court in
connection with the acquisition. This authorization is not intended to expand the jurisdiction
of any court to decide matters determined above or determinable by the City of Springfield.
Section 4: If the City of Springfield and the owners or persons in interest as to the
compensation paid for each acquisition as described in Exhibit A agree on the amount of just
compensation, the City Manager is authorized to negotiate and execute acquisition
agreements for those properties.
Section 5: Upon the trial of any suit or action instituted to acquire the real property or any
interest therein, the attorneys acting for and on behalf of the City Springfield be and hereby
are authorized to make such stipulation, agreement or admission as in their judgment may
be for the best interest of the Franklin Boulevard Redevelopment Project (Phase I).
Section 6: The Common Council further declares that the real property interests described
in Exhibit A shall be used by the City of Springfield 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 7: This Resolution shall take effect upon adoption by the Council and approval by
the Mayor.
ADOPTED by the Common Council of the City of Springfield this _____ day of February,
2017, by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this _____ day of February, 2017.
______________________________
Christine L. Lundberg, Mayor
ATTEST:
______________________________
Amy Sowa, City Recorder
Attachment 1, Page 2 of 3
Attachment 1, Page 3 of 3EXHIBIT A