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CITY OF EUGENE <br /> INTER - DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY - CIVIL DEPARTMENT <br /> To: JOHNNY MEDLIN Date: August 11, 1993 <br /> Subject: Land Trade with Meltebeck off Gilham Road <br /> This confirms our phone conversation of August 10 regarding the City's authority to <br /> exchange property with a private developer pursuant to Section 2.872 of the Eugene Code. <br /> In March of this year, the City entered into a letter of understanding with Robert <br /> Meltebeck and Paradise Homes regarding the exchange of property located near Gilham <br /> Elementary School. That agreement provides that the City will convey to Paradise Homes <br /> a parcel of approximately 6.67 acres, and Paradise Homes will convey to the City a parcel <br /> east of Gilliam Elementary School. In addition, Paradise Homes will make a cash payment <br /> to the City equal to the difference in the appraised values of the two parcels. The <br /> agreement further provides that final approval of the land exchange is subject to approval <br /> of the City Manager and the City Council. You ask whether such an exchange is consistent <br /> with, and authorized by, the City's real property disposal ordinance, section 2.860 through <br /> 2.874 of the Eugene Code. <br /> We conclude that such an exchange of property is allowable under the code, so long <br /> as the City Manager and the City Council specifically approve this exchange. Section 2.872 <br /> of the Code authorizes the City Manager to present to the Council a proposal for the <br /> disposition of property which the Manager finds acceptable. Under that section of the code, <br /> Council then has the final approval. <br /> Here, following completion of the appraisals of Paradise Homes' and City's parcels, <br /> the City Manager can present to the Council the specific proposal, identifying the land to <br /> be exchanged and the additional amount Paradise Homes will pay. If the Council approves <br /> the specifics, the exchange then may take place. <br /> If you have any questions, please contact me. <br /> HARRANG LONG WATKINSON LAIRD <br /> & RUBENS IN, P.C. - CITY ATTORNEYS <br /> G n Klein <br /> GK/lj <br /> cc: John Etter <br /> Lana Lindstrom <br /> Carol Case <br />