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HomeMy WebLinkAboutCouncil Resolution 1329RESOLUTION NO. ~ ~ ~~ A RESOLU"PION EXERCISING THE POWER OF EMINENT DOMAIN FOR PROPERTY ADJACENT TO OAK STREET PARKING LOT Recitals: A. the City of Central point may exercise the power of eminent domain pursuant to City charter and the Laws 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 City has responsibility. Q. City has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public. C. 1'he project or projects known as Central Point and Talent Parking Lot [mprovements have been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted and travel safeguarded. D. To accomplish the project or projects set forth above it is necessary to acquire the interests of the property described in "Exhibit A" attached to this resolution and, by this reference incorporated herein. The City of Central Point resolves as follows: 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 least private injury. 2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in "Exhibit A". Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law. 3. The City's staff and the City Attorney 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 reach, 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 Council. Resolution No. ~ c pe (032212) Pg I 4. City express reserves its jurisdiction to determine the necessity or propriety oP any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. Passed by the Council and signed by me in authentication of its passage this o d~day of~, 2012. ~~'~~ Mayor Hank Williams ATTF., City Recorder Resolution No.1 ~,Z 9 (032212) Pg 2 EXIBIT A SINYARI) PROPERTY 48 S THIRD ST OAK ST ~ h ~ 0 S P ~ M N 25 12.5 0 25 Feet THIRD STREET `~ r '~`_ ',1 l ~1 1 i ~.f ~1 ,~ ~' J' Q Gn> Y w a _S 1 i 1 i i ' ~~~ ~ U~~ OVA ~` ~.\ i i. t , ~ ~ : ;~~ 1 ~~/ 1~ 1 11 '~ r ~~ ~' 1'/ II 1 `/ 1, g '~ ~~ ~~ '~ ~ ~/ ~ ~, 1~ ~~, `. 1 N~ ~1REET ~ k SECOPJD