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<br />ttl REPRESENT THE VALLEY l.AND AND WAREHOUSE COMPANY, INC., AND MR. ROBERT H. WILLS, ITS
<br />PREDECESSOR IN INTEREST IN REGARD TO THE OWNERSHIP or THE rOLLOWING DESCRIBED PROPERTY, TO-
<br />WIT:
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<br />BEGINNING AT A POINT ON THE SOUTH LINE or THE R'GHT or WAY or THE ~REGON STATE HIGH-
<br />WAY No. 99, A DISTANCE or 22.77 rEET NORTH or A PO'NT ON THE SOUTH LINE or THE PR'OR F.
<br />BLAIR DONATION LAND CLAIM No. 39, IN TOWNSHIP 17 SOUTH RANGE 4 WEST or WILLAMETTE
<br />MERIDIAN, 639.5 rEET SOUTH 890 19- EAST or THE SOUTHWEST CORNER or THE EAST HALr or THE,
<br />WEST HALr or SAID DONATION lAND CLAIM AND RUNNING THENCE SOUTH 890 50-1/2- EAS~ 1~8.9 rEET
<br />TO AN IRON PIN MARK'NG THE SOUTH L'NE or SAID RIGHT or WAY, THENCE SOUTH 00 13-1/2' WEST
<br />307.1 rEET TO A LINE, BEING THE WESTERLY EXTENSION or' THE CENTER LINE or E'GHTH AVENUE
<br />WEST, AS LAYED OUT IN THE CITY or EUGENE, OREGON, THENCE WEST ALONG SAID bENTER LINE
<br />or EIGHTH AVENUE WEST, A DISTANCE or 158.9 rEET TO THE EAST LINE or GARrlELD STREET,
<br />AS RECORDED IN THAT CERTA'N DEED UNDER CLERK'S tIL'NG No. '07052 ON FEBRUARY 5, 1942,
<br />THENCE NORTH ALONG THE SAID EAST LINE or GARr'ELD STREET A DISTANCE Ot 307.6 rEET TO
<br />THE POINT or BEG'NNING, BEING A TRACT or LAND IN THE PRIOR F. BLAIR DONATION LAND CLAIM
<br />No. 39, AND IN SECTION 36, TOWNSHIP 17, SOUTH RANGE 4 WEST or W'LLAMETTE MERIDIAN, IN
<br />LANE COUNTY, OREGON.
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<br />MY CLIENTS HAVE RECENTLY DISCOVERED THAT THE CITY CLAIMS TO HAVE OPENED AN ALLEY
<br />BETWEEN 7TH AVENUE WEST AND 8TH AVENUE WEST rROM THE WEST LINE or HALLOCK ADDITION TO
<br />GARFIELD STREET IN THE CITY OF EUGENE AND ACROSS THE ABOVE DESCRIBED REAL PROPERTY. AS
<br />YOU KNOW, THERE HAVE BEEN SOME NEGOTIATIONS BETWEEN MR. J. P. RUBLE, ACTING tOR MY CLIENTS,
<br />AND THE CITV 'N REGARD TO THIS GENERAL SITUATION. ApPARENTLY, NO SATlsrACTORV AGREEMENT
<br />HAS BEEN REACHED. FROM THE INFORMATION WHICH HAS COME TO OUR ATTENTION IN REGARD TO THE
<br />PROCEEDINGS UNDER WHICH THE CITV CLAIMS ITS RIGHT TO THE LAND IN QUESTION tOR THE PURPOSES
<br />or ANC'ALLEY, IT WOULD SEEM TO ME THAT THERE IS A SERIOUS QUESTION AS TO THE VALIDITY OF
<br />THE PROCEEDINGS UPON WHICH THE CITY RELIES tOR THE OPENING OF THIS ALLEY BACK IN 1945. IT
<br />IS MY OPINION THAT THE PROCEEDINGS ARE tATALLV DEFECTIVE. I AM INSTRUCTED TO ADV'SE YOU THAT,
<br />THE VALLEY lAND AND WAREHO~SE COMPANY, INC.~CLAIMS TO BE THE SOLE AND EXCLUSIVE OWNER OF
<br />THE REAL PREMISES ABOVE DESCRIBED AND THAT THE CITV 15 WITHOUT RIGHT TO ANY PORTION Ot SAID
<br />PREMISES.
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<br />UNLESS SOME REASONABLE AGREEMENT CAN BE REACHED IN REGARD TO THIS PROBLEM, I AM tURTHER
<br />INSTRUCTED TO SEEK TO SET ASIDE THE ENTIRE PROC~EDINGS AND TO ATTEMPT TO REMOVE THE CLOUD
<br />or SAID PROCEEDINGS rROM MY CLIENTS' TiTLE.
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<br />Ir THERE IS ANV POSSIBILITV or CARRYING ON tURTHER NE90TIATIONS ALONG THE LINE PRE-
<br />VIOUSLY ATTEMPTED, I WILL BE PLEASED TO COOPERATE, BUT IN THE MEANTIME, YOU ARE RESPECTrULLY
<br />NOT It lED THAT ANYBODY ENTERING UPON SAID PREMISES WILL BE TREATED AS A TRESPASSER.tt
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<br />IT WAS MOVED BY CRUMBAKER, SECONDED BY GODLOVE THAT THE COMMUNICATION BE RErERRED TO THE
<br />CITY ATTORNEY. MOT'ON CARRIED.
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<br />22 A COMMUNICATION FROM MR. JOHN'PENNINGTON, CITY ATTORNEV - RE: GRADE SEPARATION ACROSS
<br />SOUTHERN PACltlC TRACKS AS A PART or THE fERRY STR~ET BRIDGE WAS SUBMITTED AND READ AS rOLLOWS:
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<br />"MY' OFFICE HAS' BEEN )N C6NtERENCE WITH THE OREGON STATE HIGHWAY COMMISSiON REGARDING
<br />THE CQNSTRUCTION or A GRADE SEPARATION ACROSS THE SOUTHERN PAClrlC TRACKS AS A PART Ot
<br />THE fERRY STREET BR'DGE RELOCATION PROJECT. IT APPEARS THAT WHEN THE NEW OVERHEAD CROSSING
<br />IS CONSTRUCTED ACROSS TH~ S~UTHERN PAC'FIC TRACKS, THE OLD CROSSING AT FIF~H AND HIGH
<br />STREETS WILL NOT BE ELIMINATED, BUT WILL BE LErT OPEN tOR THE BENErlT or THOSE BUSINESSES
<br />AND DWELLINGS LOCATED ON HIGH STREET. IT'S ESTIMATED THAT THERE wiLL BE APPROXiMATELY
<br />1,000 VEHICLES PER DAY US'NG THE OLD CROSSING, EVEN AFTER CONSTRUCTION or THE OVERHEAD.
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<br />THE PROCEDURE TO BE FOLLOWED IN THESE CASES IS THAT THE CITY or EUGENE SHALL tiLE A
<br />PETIT'ON WITH THE PUBLIC UTIL'TIES COMMISSIONER FOR THE CONSTRUCTION OF A GRADE SEPARATION,
<br />AND IN SAID PETITION IT IS NECESSARY FOR THE CITY OF EUGENE TO sTATE WHETHER OR NOT 'T
<br />DESIRES TO REQUEST THAT THE SOUTHERN PACltlC COMPANY PARTICIPATE IN THE CONSTRUCTION COST
<br />OF THE'GRADE SEPARATION~ FURTHER, THAT IT IS THEIR OPINION THAT IT IS UNLiKELY THAT THE
<br />PUBLIC UT'LITIES COMMISSIONER WOULD REQUIRE THE MAXIMUM PAYMENT, INASMUCH AS WE ARE NOT
<br />SECURING THE EL'M'NAT'ON OF ANY CROSSING, BUT MERELY REDUCING THE AMOUNT or TRAFrlC USING
<br />THE SAME.
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<br />I HAVE BEEN REQUESTED BY THE OREGON STATE HIGHWAY COMMISSION TO ASCERTAIN rROM THE
<br />COMMON COUNCIL OF THE CITY or EUGENE WHETHER OR NOT IT DES'RES TO REQUEST, IN ITS PETITION
<br />TO THE PUBLIC UTILITIES COMMISSIONER, THAT THE SOUTHERN PAClrlC COMPANY BE REQUESTED TO PAY
<br />~ND SHARE IN THE COS~ OF THE CONSTRUCTION OF THE GRADE SEPARAT~ON. TO BE CONSTRUCTED IN CON-
<br />NECTION WITH THE NEW FERRY STREET BRIDGE. RESPECTFULLY REQUEST THAT THE COUNCIL CONSIDER',
<br />THIS MATTER AND ADVISE ME OF ITS WISHES.tt
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<br />IT WAS MOVED BY CRUMBAKER, SECONDED BY SM'TH THAT THE REPORT Ot THE CITY ATTORNEY BE RE-
<br />CEIVED AND THAT HE BE INSTRUCTED TO REQUEST MAXIMUM SHARING Ot COSTS AND DETERMINE SHARE or COST
<br />IF HIGH STREET'S CLOSED. MOTION CARRIED.
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<br />A COMMUNICATION' FROM A. R. RUtF - ~E: STREET MAINTENANCE WAS SUBMITTED AND READ AS rOLLOWS:
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