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<br /> RESOLUT I ON I;rJ "
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<br /> WHE REAS, A REQUEST-WAS RECEIVED f"ROM ALL Of" THE OWNERS Of" THE f"OLLOWING DE~CRIBED REAL .1
<br /> PROPERTY CONSENTING IN WRITING THAT SAID AREA BE ANNEXED TO THE CITY Of" EUGENE, AND
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<br />'.."'~,~ WHEREAS, AN ELE CT I ON HELD IN THE CITY Of" EUGENE UPON TO
<br /> WAS THE PROPOSAL ANNEX TO THE
<br />~t7s" C I T Y Of" EVGENE THE f"OLLOWING DESCRIBED AREA, TO -w IT:
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<br />'- BEG INN I N GAT THE INTERSECTION Of" THE SOUTH LINE Of" EIGHTEENTH AVENUE WEST WITH THE
<br /> .WEST CITY LIMITS Of",E~GENE, SAID CITY liMITS BEING APPROXiMATELY THE CENTER Of" CITY i
<br /> VIEW STREET, AND RUNNING THENCE WESTERLY ALONG THE SOUTH LINE Of" EIGHTEENTH AVENUE "
<br /> WEST APPROX I MA TEL Y I 329 f"EE T TO ITS ~INTERSECTION WITH THE EXTENDED WEST LINE Of" THE I
<br /> PLAT Of" WESTPARK BOOK 12, PAGE 14, l.ANE COUNTY, !
<br /> SUBDIVISION AS F"I LEO IN ORE GON ;
<br /> THENCE NORTH 002' EAST APPROxiMATELY 1681 f"EET TO THE NORTHWEST CORNER Of" SAID PLAT; -
<br /> THENCE SOUTH 8900' EAST APPROXiMATELY 1320 f"EET TO THE EUGENE CITY lIMITS; THENCE
<br /> SOUTHERLY ALONG THE WEST CITY LIMITS TO THE POINT Of" BEGINN lNG,
<br /> WHICH ELECTION WAS HELD ON JUNE 15, 1949; AND
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<br /> WHEREAS, THE COMMON COUNCIL Of" SAID CITY Of" EUGENE HAS CANVASSED THE RETURN S Of" SA I D
<br /> ELECTION ACCORDING TO LAW; .
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<br /> NOW, THEREFORE, IIlE IT RESOLVED BY THE COMMON COUNCIL Of" THE CITY Of" EUGENE, THAT THE ,
<br /> Af"ORESAID AREA BE, AN D THE SAME IS HEREBY DECLARED ANNEXED TO THE CITY Of" EUGENE,.lANE
<br /> COUNTY, o ~ E GO N , AND THAT THE MAYOR AND CITY RECORDER, BE, AN D THEY ARE HEREBY AUTHORIZED
<br /> AND RE QU IRE D TO PREPARE AND SIGN ON BE HA Lf" Of"-THE COMMON COUNCIL Of" THE CITY Of" EUGENE THE
<br /> REPORT Of".THE.CANVA~S Of" THE COMMON COUNCIL Of" THE ELECTION RETURNS Of" SAID SPECIAL CITY "
<br /> ELECTION AF'ORESAID,; AND TO MAKE AND SUBMIT TO THE SECRETARY Of" THE STATE Of" OREGON A
<br /> CERTIFIED DESCRler$ON Of" SAID ANNEXED TERRITORY AND,AN ABSTRACT Of" THE VOTE AT SUC H ,-
<br /> ELECTION IN THE MANNER AS PROVIDED BY LAW.
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<br /> ADOPTED BY THE COMMON liOUNCIL Of" THE CITY OF EUGENE, OREGON ON JUNE 27, 1949."
<br /> IT WAS MOVED BY WELLS, SECONDED BY HAWN THAT THE MAYOR AND CITY RECORDER BE AUTHORI ZED TO
<br /> SI GN THE PRO CLAMA T I ON. MOTION CARRIED.
<br /> NEW BUSINESS I
<br />32 MR. HARRY RAY, . S E C RE TAR Y , BETHEL WATER DISTRICT PRESENTED TO THE COUNCIL THE PROBLEM CON--
<br /> F' RO N TIN Q HIS WATER DISTRICT AND OTHER WATER DISTRICTS IN CONNECTION WITH THE INCREASED SEWER
<br /> SERVICE CHARGES,MADE ON WATER SOLO TO _ATER DISTRICTS. HE STATED THAT PREVIOUSLY THE CHARGE
<br /> WAS QUITE SMALl, AND HAD BEEN ABSORBED BY THE DISTRICT ITSELF' AND NOT PASSED ON TO THE CONSUMER
<br /> BUT THAT THE; INCREASED CHARGE COULD NOT BE ABSORBED BY THE DISTRICT AND HE CONTENDED THAT
<br /> LEGALLY THE CHARGE COULD NOT BE PASSED ON TO THE CU S TOME RS. HE ALSO OBJECTED TO THE CHARGE ON
<br /> THE GROUNDS THAT NO OF'F'ICIAL ASSU RANCE HAD BEEN GIVEN TO THE PEOPLE OF' THE BETHEL DISTRICT THAT I
<br /> THEY WI LL BE SE RVED BY THE SEWAGE DISPOSAL PLANT F'OR WHICH THEY ARE CONTRIBUTING f"UNDS.
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<br /> IT WAS MOVED BY HAWN, SECONDED BY DAVIS THAT THE MATTER BE REf"ERRED TO THE PUBLIC WORKS
<br /> COMMITTEE. MOT I ON CARRIED.
<br />33 NON-COMPLIANCE BY THE CITY WITH AN AGREEMENT ENTERED INTO WI TH MRS. ANNA MACAULEY IN 194'
<br /> \VAS RELATED IN A LETTER f"ROM MRS. MACAULEY ADDRESSED TO THE MA YO R AND CITY COUNCIL AS FOLLOWS:
<br /> "ON JULY 22, 1941, THE CITY OF' EUGENE ENTERED INTO A CONTRACT WITH ME WITH RESPECT TO
<br /> PROPERTY OWNED BY ME ADJACENT TOT HE EUGEN E AIRPORT. THIS CONTRACT PROVIDED THAT THE CITY
<br /> WOULD CONSTRUCT F'ENCING TO CERTAIN PRESCRIBED SPECIF'ICATIONS ALONG CERTA I N D I T C HE S BUILT BY
<br /> THE CITY ACROSS MY PROPERTY. AS OF THE PRESENT TIME, NO E F' F'O R T HAS BEEN MADE BY THE CITY
<br /> TO COMPLY WITH THIS CONTRACT.
<br /> IN ADDITION THE CITY AGREED THAT THE rENCE CONSTRUCTED ALONG THE PROPERTY LINE WAS TO r
<br /> BE MY FENCE. LATER THE CITY HAD OCCASION TO TEAR DOWN THE SOUT H HALF' OF THIS F'ENCE AND IT I
<br /> WAS R~ CONS TRU CTE 0 TO DIFF'ERENlESPECIF'ICATIONS THAN WE HAD AGREED ON. THE f"ENCE. WAS TO BE
<br /> SUF'F'ICIENT TO CON T A I.N SHEEP, BUT AS NOW CONSTRUCTED IS SIMPLY A FOUR OR F'IVE STRANO BARBED
<br /> WIRE F'ENCE AND DOES NOT MEET MY UNDERSTANDING Of" THIS AGREEMENT.
<br /> IN CONSTRUCTING THE DITCH NEAREST THE NORTHERN END OF' MY PROPERTY THE CITY HAS ISOLATED
<br /> A PIE CE OF' PROPERTY, WHICH I DEEDED TO THEM. THIS IS A RECTANGULAR PIECE OF' PROPERTY SOME
<br /> 504' X 260'.
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<br /> IT OCCURS TO ME THAT WE MIGHT EXECUTE A SETTLEME NT eETwEEN THE CITY AND MYSELF' BY MY I
<br /> RE L IN QU ISH I N G THE CITY F'RO M ITS OBLIGATION TO BUILD AND MAINTAIN THE FENCE AS PROVIDED IN
<br /> OUR CONTRACT IN EXCHANGE F'OR THE PIRCE OF' REAL ESTATE IN QUESTION; THE CITY, OF COURSE,
<br /> RESERVING THE DITCH RIGHTS AND EASEMENT RIGHTS ACROSS THE TRACT IN QU EST ION.
<br /> I WOULD ALSO EXPECT, HOWEVER~ AS A PART 0 F THE AGREEMENT THAT THE CITY WOULD AS AGREED
<br /> MAKE MY EAST BOUNDARY LINE rENCE SHEEP TIGHT.
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