fin <br />Justice Law Group LLc <br />sa.mm ; %S 4DD i&5F <br />Lauren Regan, Attorney <br />783 Grant Street, Suite 200 <br />Eugene, OR 97477 <br />Phone: 541-687-9180 Fax: 541.804.7391 <br />E-Mail: lregan@justi celaworegon. com <br />Web: www.justicelaworegon.com <br />March 27, 2017 <br />Glen Klein, City Attorney <br />City of Eugene <br />125 E. 8th Avenue, 2nd Floor <br />Eugene, OR 97401 <br />COPY <br />Dear Mr. Klein: <br />I am the owner and occupant of the property at 160 Oakleigh Lane, Tax Lot numbers <br />17-04-24-24-05900 and 17-04-24-24-06000. <br />The attached professional survey documents that there are approximately five to six <br />feet of asphalt pavement on the north portion of my property abutting the south <br />boundary of the Oakleigh Lane right-of-way. I have owned this property since July, <br />2009. <br />This letter is to inform you that I do not consent, and have never consented nor granted <br />permission for the use of this portion of my property by the City or the public. It cannot <br />function as the necessary "pullover" in emergency situations as stated by the <br />developers of Oakleigh Meadows Cohousing condominiums. I previously provided <br />notice to the City (August, 2015), that I have never provided the City with a prescriptive <br />easement and intend to vigorously contest any attempt at such a taking regarding this <br />portion of my property. <br />As 1 know you are aware, a prescriptive easement requires that the City prove with clear <br />and convincing evidence that the City's use of my property was: 1) for the prescriptive <br />period (10 years under ORS 12.050); 2) open, notorious, and adverse to the rights of <br />the servient owner; and 3) continuous and uninterrupted according to the nature of the <br />use. Thompson v. Scott, 270 Or 542, 546, 528 P2d 509 (1974). <br />Regarding the aforementioned area, for eight years my household has continued to <br />park our cars and have permitted others to park their cars, thus preventing the public <br />from using this area for transit along Oakleigh Lane for extended periods of time. Thus, <br />neither the public nor the City has had continuous and uninterrupted use of my property. <br />This fact is by no means the only legal impediment to any attempt by the City to <br />forcefully exact an easement on my property. <br />If required, I am willing to discuss with the appropriate City representative (s) the <br />possibility of granting a limited easement for some portion of my property abutting the <br />