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• • WATKINSON LAIRD RUBENSTEIN BALDWIN & BURGESS, P.C. <br /> June 1, 2005 <br /> Page 2 <br /> McKay is deeply concerned about the hazardous condition of the sidewalk and drainage <br /> and the risks they pose to the citizens of Eugene. The sidewalk hazards are obvious. The <br /> drainage hazard occurs when it rains, filling the bike path with water. The growth of the trees' <br /> roots continues to push up the sidewalk, causing not only a bulged sidewalk but the sections of <br /> the sidewalk to be uneven. Approximately four years ago, the City "shaved" the higher of the <br /> two slabs in those places where one was elevated over the other, but that has turned out to be a <br /> temporary fix, only, as the slabs continue to rise at an uneven rate. <br /> On behalf of McKay, we request the following: <br /> 1. That the City remove the stumps and roots of the five trees previously removed by <br /> the City; <br /> 2. That the City remove the remaining 14 trees, along with the stumps and roots; <br /> 3. That the City remedy the hazardous conditions by removing the existing sidewalk, <br /> excavating to a level surface and replacing the sidewalk, and by repairing the damage to the <br /> drainage; and <br /> 4. That the City plant a more suitable species of replacement street trees. <br /> Our client believes that time is of the essence with respect to these matters. <br /> Please note that I am sending a copy of this letter to City Attorney Jerry Lidz, and to <br /> Mark Snyder. <br /> rely, <br /> ohn C. Watkinson <br /> JCW:pm <br /> c: McKay Investment Company <br /> Jerome Lidz, City Attorney <br /> Mark Snyder, Urban Forester <br />