PC-5 October 25 2013 Conte Re-open Record Request

Mr. Ken Helm October 25, 2013 Page Four My testimony was: “Oakleigh Lane currently has a 20-foot right-of-way north of the official centerline, dedicated by the adjacent property owners (but the right-of-way has not been adopted by either the City or County). (SR at 12 and PWPR at 10).” “SR” identified the Eugene Planning Staff Report, dated September 2013, and “PWPR” identified the Eugene Public Works Referral Response, dated September 17, 2013. As noted above, the “Applicant’s Written Statement” of June 14, 2013 itself introduced the same basic evidence, stating: “The existing conditions of Oakleigh Lane provide a 20-foot wide Right of Way with no sidewalks along the entire street.” My testimony did not introduce any new evidence with respect to Oakleigh Lane’s right-of-way and relied only upon prior testimony to support an argument as to the appropriate classification of Oakleigh Lane. The applicant was entitled to present a different argument after October 9, 2013, but not new evidence of right-of-way dedications. It’s important to note that the evidence I relied upon was clearly available to the applicant for weeks prior to the October 9 deadline for any new evidence; and thus, the applicant had every opportunity to introduce additional evidence regarding other right-of-way dedications up through October 9. Instead, the applicantchose not to introduce new evidence regarding right-of-way dedicationsuntil the last day on which opponents could submit testimony, thus depriving opponents of any opportunity to evaluate and respond to the new evidence. The new evidence regarding Oakleigh Lane right-of-way in this letter is impermissible and must be rejected. OMC_PDT 13-1_Poage Engineering Letter w Files.pdf This letter contains the following statement of fact: “Properties to the south of Oakleigh Lane, whose northern boundary abuts the south margin of Oakleigh Lane, individually dedicated additional right of way for Oakleigh Lane in varying widths (predominantly 12 feet, with the exception of 1704242406400 which dedicated 25 feet) to result in the current variable width right of way for Oakleigh Lane. These individual dedications were probably done in conjunction with the initial structural improvements on those abutting properties. The result of these cumulative road dedications is to establish a right of way width of 32 feet for Oakleigh Lane beginning at the east margin of River Road and extending easterly approximately 630 feet to a point approximately 250 feet westerly of your western boundary. From this point easterly, and along the entire frontage of your property abutting Oakleigh Lane, the right of way remains 20 feet in width.”