ATTACHMENT I <br />JUSTICE L,AW GROUP <br />LAUREN C. REGAN, ATTORNEY AT LAW <br />259 East Fifth Avenue, Suite 300A, Eugene, OR 97401 <br />Ph: 541/ 687-9180, Fax: 541/ 686-2137, E: h•egun(iusticelaworegon.com <br />August 25, 2015 <br />Jon Ruiz <br />Eugene City Manager <br />125 E. 8th Avenue, 2nd Floor <br />Eugene, OR. 97401 <br />Dear Mr. Ruiz, <br />Anne Davies, the Deputy City Attorney, recently stated to the Eugene Planning Commission that the City would <br />be able to claim an easement on my property at 160 Oakleigh Lane without my permission or consent by <br />exercising a "prescriptive easement." <br />This is to advise you that the City has no legal basis for a presc:iptive casement, and .l will vigorously contest <br />any attempt at such a taking. <br />Prescriptive easements requires that the City prove with clear and convincing evidence that the City's use of my <br />property was:.1.) for the prescriptive period (10 years under ORS 12.050); 2) open, notorious, and adverse to the <br />rights of the servient owner; and 3) continuous and uninterrupted according to the nature of the use. Thompson <br />v. Scott, 270 Or 542, 546, 528 P2d 509 (1974). <br />Within the area in question, I have continued for six years to grow food and flowers, as well as park my cars <br />and permit others to park their cars, thus preventing tlhe public for extended periods of time from using this area <br />for transit along Oakleigh Lane. The prior homeowner used the property at issue in the same manner as well. In <br />addition, very few cars frequent this end of the dead-end street (only 3 other neighbors). 'thus, neither the <br />public nor the City has had continuous and uninterrupted use of my property. This fact is by no means the only <br />legal impediment to any attempt by the City to forcefully exact an easement on my property. <br />The statement made by tlhe deputy city attorney is factually and legally incorrect, and I would appreciate <br />correcting the record immediately, as indicated above: Thank you <br />n M4ee, Lain Il Att •ne <br />CC: Eugene Mayor and City Council via email <br />AECEI ED <br />:''f CITY MANAGER <br />• <br />59 <br />