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WATKINSON LAIRD RUBENSTEIN <br /> BALDWIN & BURGESS <br /> A PROFESSIONAL CORPORATION <br /> - - -- - - - - --------------- <br /> ATTORNEYS AT LAW <br /> 200 SOUTH PARK BUILDING TELEPHONE (541) 484 -2277 CORRESPONDENCE <br /> 101 EAST BROADWAY POST OFFICE BOX 10567 <br /> EUGENE, OREGON 97401 -3114 FACSIMILE (541) 484-2282 EUGENE, OREGON 97440-2567 <br /> JOHN C. WATKINSON WEBSITE: WWW.WLRLAW.COM <br /> DIRECT DIAL ROSEBURGOFFICE <br /> (541) 984 -0206 425 SE JACKSON STREET <br /> ROSEBURG, OREGON 97470 <br /> E -MAIL <br /> (541) 673-5528 <br /> J W ATKINSON @ W LRLAW .COM <br /> June 1, 2005 <br /> Kurt Corey, Director of Public Works <br /> City of Eugene <br /> Public Works Building, 4th Floor <br /> 858 Pearl Street <br /> Eugene, OR 97401 <br /> Dear Mr. Corey: <br /> Re: Tulip Poplars on Oakway Road <br /> Our firm represents McKay Investment Company, Inc. (McKay), owner of the Oakway <br /> Shopping Center. As you are aware, the tulip poplar trees that are located adjacent to the <br /> Center's property on the planting strip along Oakway Road have been impacting the condition of <br /> the sidewalk and street. <br /> Specifically, the trees' roots have caused the adjoining surfaces to become compromised <br /> and elevated in various areas, resulting in pedestrian hazards and improper street drainage. <br /> While our client appreciates the City's previous removal of five of the offending trees, McKay is <br /> concerned about the safety risks posed by the remaining trees, and their roots, and the roots of <br /> the trees that were removed. <br /> The trees were planted in the spring of 1966, at the direction of the City. Members of the <br /> McKay family recall that the City specified use of the tulip poplar trees over a concern expressed <br /> by Miles McKay that they were an inappropriate choice for the limited area for the planting. <br /> Our client has consulted with expert arborists who have advised that the trees' root <br /> growth will only continue to cause further destruction to the adjacent sidewalk, drainage, and <br /> street, even if the concrete and asphalt were to be repaired. Due to the fact that the planting strip <br /> is only between five and six feet in width, the tulip poplar was an inappropriate tree choice for <br /> this location. Moreover, because the trees clearly pose a threat to public safety, we believe that <br /> they violate the spirit of Eugene's Street Tree Program and should be removed. <br />