March 28, 2017 <br />RECEIVED <br />BY CITY MANAGER <br />APR 4 2011 <br />Glen Klein, City Attorney <br />City of Eugene <br />125 E. 8th Avenue, 2nd Floor <br />Eugene, OR 97401 <br />Dear Mr. Klein, <br />I am the owner of Tax Lot 17-04-24-24-10100 on the south side of Oakleigh Lane and immediately to the <br />west of the proposed Oakleigh Meadow Cohousing (OMC) condominium development. <br />The attached professional survey documents that there are approximately five to six feet of asphalt <br />pavement on the north portion of my property abutting the south boundary of the Oakleigh Lane right- <br />of-way. I have owned this property since 1998. <br />This letter is to inform you that I do not consent to, and I have never consented to nor granted <br />permission for the use of this portion of my property by the City or the public. <br />I am also serving notice that I may, at anytime and without further notice, take action to prevent all <br />vehicle transit across my private property without my written permission. <br />On the aforementioned area, blackberries and vegetation obstructed any use of that 5 feet of pavement <br />for several years. Due to concerns about homeless camping within the blackberries, we removed the <br />blackberries a few years ago. Thus, neither the public nor the City has had continuous and <br />uninterrupted use of my property. This fact is by no means the only legal impediment to any attempt by <br />the City to forcefully exact an easement on my property. <br />Accordingly, no portion of the paving on my private property can be considered as available to function <br />as the necessary "pullover" in emergency situations as claimed by the developers of Oakleigh Meadow <br />Cohousing condominiums and the Eugene Planning Commission. <br />I would be amendable to discussing with the appropriate City representative(s) the possibility of granting <br />a limited easement for some portion of my property abutting the south boundary of the Oakleigh Lane <br />right-of-way in exchange for appropriate compensation. <br />Until such time, if ever, that a legal agreement for an easement exists, the City should consider <br />unauthorized use of my property as potential "trespass." <br />Thank you for your compliance with this notice. <br />IL <br />Sincerely <br />Jim and Sharon Brandt <br />PO Box 885 <br />Sutherlin, Or 97479 <br />CC: Eugene Mayor and City Council <br />Jon Ruiz, City Manager <br />