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LUBA RET. EX 076/077 RE-I (2)
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LUBA RET. EX 076/077 RE-I (2)
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Last modified
4/27/2017 4:32:31 PM
Creation date
3/28/2017 3:49:15 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
10/9/2013
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Yes
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10/9/2013 9:38 AM RE: Referral comments re Eugene PUD PDT 13-1 <br />Subject: RE: Referral comments re Eugene PUD PDT 13-1 <br />From: INGRAM Daniel B <Daniel.ingram@co.lane.or.us> <br />Date: 10/7/2013 12:00 PM <br />To: "CONTE Paul (SMTP)" <pconte@picante-soft.com> <br />Paul, <br />FYI, per Lane Code 15.010(35)(e)(v) a Local Access Road is defined as follows: <br />(v) Local Access Road. A Public Road that is not a County road, state highway, or federal road. Pursuant to ORS 368, <br />the County and its officers, employees and/or agents, is not liable for failure to improve Local Access Roads and is <br />not liable to keep Local Access Roads in repair. The County shall spend County moneys on Local Access Roads only if <br />it determines that the work is an emergency or if: <br />(aa) the Director recommends the expenditure; and <br />(bb) the public use of the road justifies the expenditure proposed; and <br />(cc) the Board enacts an order or resolution authorizing the work and designating the work to be either a <br />single project or a continuing program. <br />would say that your statement is correct as to the configuration of Oakleigh Lane. It is a Local Access Road. A <br />portion of the road is within the City Limits of Eugene, and a portion of the road, essentially the middle, is outside of <br />the City limits of Eugene. I cannot speak as to how the City of Eugene handles Local Access Road within the city <br />limits, but Lane County does not typically maintain Local Access Roads as per the definition above. <br />Regarding the dedication of the road, I am not aware of the particulars of who dedicated the public road, but it is a <br />public road. <br />Hope this helps. <br />Dan <br />From: Paul Conte [mailto:pconte@picante-soft.com] <br />Sent: Monday, October 07, 2013 11:14 AM <br />To: INGRAM Daniel B <br />Subject: Referral comments re Eugene PUD PDT 13-1 <br />Hello Dan, <br />This is just a recap of what I understood from our conversation related to the attached referral comments on <br />Oakleigh PUD (Eugene file PDT 13-1). <br />The portion of Oakleigh Lane that is west of the City of Eugene portion of Oakleigh Lane (i.e., immediately <br />adjacent to the subject contiguous properties in PDT 13-1) is a Local Access Road, which has a right-of-way <br />dedicated by the adjacent property owners, but not accepted as a street or road by either the City of Eugene <br />or Lane County. <br />Lane County Public Works does not maintain such roads unless directed to do so by action the Lane County <br />Board of Commissioners. <br />Please let me know if there are corrections or clarifications necessary. <br />Thank you <br />Paul <br />1 of 2 10/9/2013 9:38 AM <br />
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