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LL Nick From: GIOELLO Nick R Sent: Wednesday, November 15, 2017 9:44 AM To: 'Susan Hoffman' Subject: RE: A Couple of Quick Questions CHPUD Susan, Question 1: It appears to me based on using a scale that the proposed unimproved portion of Capital Drive is approximately 125 feet long. Question 2: That is actually our Code language and it refers to Supreme Court cases that affects municipalities when they require a "taking' or "exaction" of property. In this case the requirement of an easement is a "taking" of the applicant's property, so the City has to demonstrate and justify the need for the taking. Nollan and Dolan were two famous Supreme Court cases that established the rules that municipalities need to follow. Just google "Nollan Dolan findings and land use law". It's far too complicated for me to try and explain any further. Thanks, Nick ion From: Susan Hoffman [mailto:shortgamesue@yahoo.com] Sent: Sunday, November 12, 2017 3:18 PM To: GIOELLO Nick R <Nick.R.Gioello@ci.eugene.or.us> Cc: Susan Hoffman <shortgamesue@yahoo.com>; Cathy Johnson <cdjohnson617@msn.com>; Tom Bruno <brunoassoc@aol.com> Subject: A Couple of Quick Questions CHPUD Hi Nick. Again, sorry this is coming to you on a Sunday afternoon, but I won't be home tomorrow AM so thought it would OK to send it now rather than wait until Tuesday AM. I know we traded emails in early October about the gravel end of Capital Drive. I referenced that is was to be 40 ft. long. Can't remember where I got that number, but looking at my site plan yesterday it has to be over 100 ft. It goes the full length of the western edge of Lot 1 (which is 97.1 feet) and about half way along the western edge of Lot 2. My estimation is that it will be about 118 ft. in length. Can you please confirm that (or correct it) for me from the full size set of plans in your office?? Thanks. 1