HomeMy WebLinkAbout2014-08 Eminent Domain - Walker Ave Safe Routes
RESOLUTION NO.2014-d
A RESOLUTION EXERCISING THE POWER OF EMINENT
DOMAIN
RECITALS:
A. The City of Ashland may exercise the power of eminent domain pursuant to its charter and
the law of the State of Oregon generally, when the exercise of such power is deemed
necessary by the City's governing body to accomplish public purposes for which the City has
a responsibility.
B. The City has the responsibility of providing safe transportation routes for commerce,
convenience and to adequately serve the traveling public.
C. The project or projects known as Walker Avenue have been planned in accordance with
appropriate engineering standards for construction, maintenance or improvement of said
transportation infrastructure such that property damage is minimized, transportation
promoted, travel safeguarded; and
D. To accomplish the project or projects set forth above it is necessary to acquire the interests in
property described in "Exhibit A," attached to this resolution and, by this reference
incorporated herein; now, therefore.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The foregoing statements of authority and need are, in fact, the case. The project
or projects 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 manner
which will be most compatible with the greatest public good and the lease private injury.
SECTION 2. The power of eminent domain is hereby exercised with respect to each of the
interests in the property described in Exhibit A. Each is acquired subject to payment of just
compensation and subject to procedural requirements of Oregon Law;
SECTION 3. City's staff and Counsel 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 Commission.
SECTION 4. City expressly reserves its jurisdiction to determine the necessity or propriety of
any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. -
SECTION 5. This resolution was duly PASSED and ADOPTED this day of -
2014, and takes effect upon signing by the Mayor.
Resolution No. 2013- Page 1 of 2
This resolution was duly PASSED and ADOPTED this day of f/.GC
2014, and kes effect upon signing by the Ma r.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2014.
(in Stromberg, Mayor
;avid ie d as to form:
H. Lo an, City Attorney
Resolution No. Page 2 of 2
Agency/State
Agreement No. 27871
EXHIBIT
A_
\ + `~71 s I I`-
=J. ya 1 d
a~ Project Limits ~Y r
.a 51 I~ aI-= Iowa Sly lboaA ej:. tl;
11 1 ' un vtn If t' i I I
-t I 1 rP i ~I ~ LI
' ;r a~* r f E
hr~- 1 L
s `is` ? I
W bal St a 1T.- YI.fUPyrY'
5 ''t
s I~ t.Pa sI ~ f tl .\@.:L..yp 1. - -
e S$L ;L
t yo`Bhv' _ )1
nshlaliw s AsMa°a st. \gshla~
` 1 s .c~ z II 'y-11 ~ 1II ' ~
I, ~ _ ~ ,i Sucet ~ i
I { Y' it c 1~ q P n •.Wulinylrny '
EEz ~ _
1 flf b A 1 I.. I 311 . @. 'K AKn4:nr~
me'. StJI 11 Wmaa - 3 x ~ 1 ~ ' ~ s ! k I~ ~
3y :41p _.3 I _ ss 1. a _
J~ t {R 5 ~I 3 14 Si ~i 0.0.dn St F R i
Nassln.-' " P 'II eoa .37
b01-1s,
~ eniopwoea:tu'
7