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<br />5/23/60
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<br />IT WAS MOVED BY MR. SHEARER SECONDED BV MR._CHATT THAT ITEMS 8A AND 8B OF THE COMMITTEE REPORT BE AP-
<br />PROVED. MOTION CARRIED.
<br />
<br />A REPORT OF THE COMMITTEE MEETING HELD MAV 18, 1960 WAS PRESENTED AND READ AS rOLLOWS:
<br />
<br />"PRESENT: MAVOR CONE;, COUNC I LMEN SHEARER, LAUR I S, MOLHOLM, CHATT, MOVER, WI LSONAND SWAN SON; ,
<br />COUNTY COMMISSI~NERS N4~LSEN, HILL AND PETERSON; Cliv MANAGER; CITY RECORDER; CITY
<br />ATTORNEV; DIRECTOR or PUBLIC WORKS; TRAFFIC ENGINEER; CHIEF OF POLICE; ADMINISTRA-
<br />TIVE ASSISTANT; PLANNING CONSULTANT; PLANNING COMMISSION MEMBERS NIVEN AND PORTER;
<br />FRED BRENNE, EUGENE CHAMBER OF COMMERCE; REPRESENTATIVES OF SOUTHERN PACIFIC COMPANY;
<br />REPRESENTAT I VES OF McDo'NALD CANDY COMPANY; OTHER I NTERES'TED C IT IZENS; DAN WVANT, '
<br />EUGENE. RE'G I sTER-GUARD. ' .
<br />
<br />I. VACATION or RIGHT-OF-WAY ON SOUTH SIDE .oF McDoNALD CANDV COMP.'ANY P.ROPERTY IN THE EUGENE
<br />INDUSTRIAL DEVELOPMENT COMPANY TRACT - A REPRESENTATIVES OF THE SOUTHERN PACIFIC COMPANY
<br />EXPLAINED A MAP SHOWING THE ENCROACHMENTS OF McDoNALD CANOY COMPANY ON A PUBLIC AREA EASE-
<br />MENT WHICH HAD ,BEEN SET ASIDE FOR TUILITIESAND RAILROAD PURPOSES. THE SOUTHERN PACIFIC
<br />REPRESENTATIVES INDICATED THAT WITH 'THE ENCROACHMENT' OF McDoNALD CANOY COMPANY BUILDING
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<br />ON THE PUBLIC AREA EASEMENT IT IS NECESSARV FOR ADDITIONAL PROPERTY TO BE ACQUIRED TO THE
<br />SOUTH SO THAT A PUBLIC TRACKAGE COULD BE MAINTAINED FOR OTHER POSSIBLE EIDC DEVELOPMENT
<br />TO THE EAST OF THE McDoNALD PROPERTY., I NORDER T,HAT '.TH I S MA V BE DONE THE SOUTHERN PAC I F I'C
<br />MUST BE ,ABLE TO .CONTROL THE RIGHT-OF-WAY OR THE SOUTHERN PACIFIC 'COMP-ANV WILL LOSE 'THE'
<br />RIGHT OF EMINENT -DOMAIN FOR PUBLIC TRACKAGE WHICH 'THEY NOW POSSESS. FOR THIS REASON THE
<br />SOUTHERN PACIFIC COMPANY 'CANNOT COMPLY WITH THE REQUESTOr THE CITV TO ACQUIRE PUBLIC
<br />R I G.HTS-OF-W,A V BECAUSE OF THE DUE ASPECT OF THE EASEMENTS BOTH AS TO CITY PURPOSES AS WELL
<br />AS TO RAILROAD PURPOSES.
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<br />THE PLANNING CONSULTANT EXPLAINED THE BACKGROUND or THE PLATTING OF THE EIDC PROPERTY
<br />INDICATING THE EUGENE INDUSTRIAL DEVELOPMENT CORPORATION HAD SACRIFICED LAND TO GET
<br />RA I LR~ADS TO ALL PARCELS. THE SOUTHERN PAC I F I C COMPAN'V REPRESENTAT I VES EXPLA I NED THAT
<br />MRS. CONGER, THE PROPERTY OWNER :TO THE SOUTH,OF' THEEMcDoNALD AREA, WILL AGREE TO THE,
<br />DEDICATION or ~ 15' RAILROAD RIGHT-Of-WAY.
<br />
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<br />REPRESENTATIVES OF McDONALD CANDV COMPANY INDICATED McDoNALD CANOY COMPANY HAD PUR-
<br />CHASED PROPERTY WITH THE IDEA .THEY WOULD BE ALLOWED TO ENCROACH UPON THE PUBLIC AREA
<br />EASEMENT SINCE THE PROPERTY THEY WERE ABLE TO PURCHASE WAS NOT OF SUFFICIENT SIZE ,TO
<br />MEET THEIR NEEDS.
<br />
<br />IT WAS THEN EXPLAINED THAT THE BASIC PROBLEM IS THAT THE_ CITY MAY GIVE UP ITS:RIGHT TO
<br />EASEME~TS OVER THE ADDiTIONAL AREA TO BE SET ASID~ BV M~s.Co~ciER WHI~H IT CURRENTLV
<br />HAS IN THE DEDICATED RIGHT-Of-WAV AS THEY EXIST AT THE PRESENT TIME. IT WAS FURTHER
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<br />POINTED OUT THAT THERE IS A BASIC INCOMPATIBILITY OF HAVING.A SEWER .LINE AN~ A RA1LROAD
<br />RIGHT-OF-WAV LINE RUNNING PARALLEL OVER THE SAME PARCEL Of PROPERTY. SINCE IF THE SEWER
<br />I~ BUILT FIRST IT IS POSSIBLE TO BUILD A RAILROAD OV~R T~E TOP or ,IT, ,BUT.IF _THE RAIL-
<br />ROAD IS BUILT FIRST IT IS NOT POSSIBLE LOGICALLY TO BUILD A SEWER UNDER THE RAILROAD.
<br />
<br />THE PLANNING CONS~~TANT ALSO INDICATED THAT IN THE BASIC PLATTING OF THE AREA THE
<br />RIGHTS-Or-WAV rOR A PUBLic~TILITV PURPOSE INCLUDINGJHE'RAILROAD PURPOSES WAS PRO-
<br />POSED FOR 50' AND THAT MRS. CONGER HAD APPROVED THE DEOICATION-,OF AN ADDITIO~AL 25'
<br />ADJACENT TO THE 26-1/2' RUNNi.NG ALONG 'THE SOUTHERLY SIDE ~FTHE MCOQIIALD PROPERTY AT
<br />THIS TIME. SOME QUESTION WAS RAISED THAT IF NOT ALL AREAS WERE TO HAVE A 50' RIGHT-
<br />OF-WAY THEN PERHA~S ALL A~EAS SHOULD BE REDUCED TO A 25~ RIGHT-OF-WAV. THE C/TV
<br />ATTORNEY RECOMMENDED THAT THE C'TY PROCEED WI.TH THE VACATION SUBJECT TO A DEDICATION
<br />OF PROPERTY FOR RAILROAD RIGHT-OF-WAV EASEMENT. FOLLOWING SOME ADDITIONAL DISCUSSION.
<br />IT WAS RECOMMENDED THIS MATTER BE REFERRED TO THE PLANNING COMMISSION FOR FURTHER
<br />STUDY. MOTION CARRIED, MESSRS. MOLHOLM AND WILSON VOTING NAY. '
<br />
<br />IT WAS MOVED BY MR. MOLHOLM SECONDED BY MR. CHATT THAT ITEM I OF THE COMMITTEE REPORT BE APPROVED.
<br />MOTION CARRIED.
<br />
<br />2. SKILLERN OIL COMPANY REQUEST FOR REZONING SOUTHEAST CORNER OF COBURG',AND HARLOW ROADS -
<br />IT WAS EXPLAINED Tt,iAT THE' .cOUNCIL HAD PREVIOUSLY AGREED TO CR ZONING FOR THIS AREA SUB-,-
<br />JECT TO DEDICATION or RIGHTS-Or-WAY AND ACCESS BEING WORKED OUT WITH THE PROPER,REPRE-
<br />SENTATIVES OF LANE COUNTY. SUBSEQUENT TO THIS ACTION THE PLANNING COMMISSION HAD RECOM-
<br />MENDED THAT THIS BE RECONSIDERED AND THE PROPERTY REZONED R-3 CONTINGENT UPON PUBLIC
<br />ACQUISITION OF SUfFICIENT RIGHTS-OF-WAY AND PROPER CONTROL OF ACCESS. FURTHER, IT WAS
<br />AGREED THAT THE COUNCIL AND COUNTY COMMISSIONERS SHOULD MEET TOGE~HER TO DISCUSS THIS
<br />SITUATION.
<br />
<br />IT WAS POINTED OUT THAT THE C,TYCANNOT CONTROL ACCESS UNDER ITS EXISTING ORDINANCES UN-
<br />LESS THIS RIGHT ~AS BEEN SPECIFICALLY PURCHASED. IT WAS ALSO POINTED OUT BY THE COUNTY
<br />COMMISSIONERS THAT THE COUNTY HAD BEEN ASKED TO PAY A SUBSTANTIAL PRICE TO ACQUIRE THE
<br />'RIGHT-Or-WAY, THAT THERE IS A HAZARD AT THIS INTERSECTION OC~ASIONED BY THE VOLUME Of
<br />TRAFFIC, AND IT IS NOW PROPOSED THAT THE PUBLIC PAY A PENALTY FOR INGRESS AND EGRESS TO
<br />THIS PARCEL OF PROPERTY. IN THIS REGARD IT WAS EXPLAINED THAT THE COUNTY CANAGREE TO
<br />THE SOUTHERLV ACctSS OF PROPERTY IN THE SKILLER~ OWNERSHIP, NO~ TO A~CES~ IN THE AiEA:'
<br />ASKED F'OR, REZON I N~ BECAUSE OF' THE NEAR. PROX I.M I TY OF THE I NTERSECTlONOF' COBURG AND HAR-'
<br />LOW ROADS. . IT WAS SUGGEST;D THAT THE HOLADAY PROPERTY, 8EING THE PROPERTY IMMEDIATELY
<br />TO THE SOUTH OF THE SKILLERN PROPERTY, BE REZONED ALL AT ONE TIME.' FOLLOWING SOME DIS-
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