JANISCH Amy C <br />From: Sandy Thorns <sandythoms@msn.com> <br />Sent: Tuesday, August 18, 2015 11:18 PM <br />To: Eugene Planning Commission; DAVIES Anne C; FLOCK Gabriel <br />Subject: Burden of Proof <br />I would like to ask why the burden of proof has been put on the appellant to show that the paved surface of Oakleigh <br />Lane lies partly on private property and not entirely in the right of way? <br />There is enough evidence currently in the record, outside of the one aerial photograph in question, to show that at <br />least part of the paved surface is on private property, whether it be 6 feet or slightly less. <br />Oakleigh Meadow's North property line lies clearly about 6 feet into the paved road (as stated by the Hearings official <br />and clearly shown on the OMC site plan, undisputed.) I live there and can walk out and measure the engineering pin <br />to be about 5.25 feet actually, but in the record, the HO says 6, so I must say 6 feet. It is also clear that the North <br />property line of the 3 tax lots to the west are a continuous straight line extending west from OMC's property line- <br />there are no jogs as clearly show in the city plat maps. It is simple to see then, that those 3 tax lots also extend 6 feet <br />into the pavement. <br />Shouldn't the burden now be on the public works department to clarify how much of the paved surface is on private <br />property and how much is in the ROW? Doesn't the City have the means to show exactly where those property lines <br />lie? Why is that burden being put on the appellant? We pointed out an error and the City's job should be to clarify it, <br />truthfully. <br />I also find it unfair that the record is now open but not to the actual appellants. If the City or the applicant submits <br />new evidence, then the appellants should be able to submit new evidence too. I believe there is an ORS that states <br />that, as you should know. <br />Thank you for your time in explaining why the burden is not on the City now to try and prove that all 19 feet are IN <br />the public ROW. <br />Extremely concerned about the safety and functionality of my street, <br />Sandy Thoms <br />541-543-1495 <br />135 ®akleigh Lane <br />19 <br />