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' Public Works <br /> Engineering <br /> <br /> ~ ~ City of Eugene <br /> 858 Pearl Street <br /> Eugene, Oregon 97401 <br /> January 6, 2003 (541) 682-5291 <br /> (541) 682-5032 Fax <br /> Ross Murry <br /> c/o David Nichols <br /> 3610 Goodpasture Loop <br /> Eugene, OR 97401 <br /> Re: Royal Creek Subdivision/Candlelight Park Exchange <br /> Dear Ross, <br /> By agreement dated July 17, 2002 and executed by you on July 19, 2002, the City of Eugene entered <br /> into the agreement with you regarding the exchange of some adjacent lands owned by the City and <br /> yourself. The intent was to obtain a better park design and better traffic connectivity while being <br /> consistent with your subdivision development plans. At the time of the initial agreement the plan was <br /> to have the park located in the southeasterly most comer of your proposed subdivision. Upon further <br /> review by the maintenance division that maintains parks and open waterways it was determined to be <br /> preferable to reconfigure the park location such that the park will be in the southwest comer of your <br /> subdivision. This was determined to be desirable to the City for purposes of controlling the majority of <br /> the ownership of the existing open waterway coming from the south side of Royal Avenue that <br /> traverses through the subject property in a northwesterly direction. <br /> As this proposed amendment in the park configuration appears to be desirable to both parties the <br /> purpose of the letter is to reduce to writing the agreement to amend the park location and <br /> configuration. An amended plat design, attached, has been developed by David Nichols of Pacific <br /> West Engineering, Inc. with a revision date of 11/30/02 to further illustrate the proposed amended <br /> design. The amended plan yields a park area net of all street right of way of about 11 acres. <br /> As described above the new configuration will result in about 900 lineal feet of open waterway to be <br /> constructed on the amended City park property, along Royal Avenue and the westerly boundary of the <br /> property. This waterway was originally to be constructed on your property at your expense. It has <br /> been determined to be preferable to not have this waterway constructed across the park property by <br /> you at this time, but instead to determine the associated cost you would have incurred for purposes of <br /> crediting the City for said amount. By the previous Agreement the City had agreed to reimburse you <br /> for half of the street costs for the streets fronting on park property. It is now agreed the costs of <br /> relocating/constructing the new waterway and filling of the existing diagonal ditch shall be credited <br /> against the street costs the City is obligated to reimburse to you. The cost/credit for the construction <br /> of the new waterway is to be based upon the waterway design prepared by David Nichols that had <br /> been submitted for Corps review. An estimate to fill the existing ditch and construct the new ditch was <br /> obtained from Eugene Sand and Gravel in the amount of $13,589. Further, it was estimated an <br /> additional credit of $2,500 to the City would be appropriate for the future costs the City would incur to <br /> obtain necessary permits to relocate the waterway. Therefore a total amount 16 089 ($13,589 + <br /> $2,500) will be credited to the City for these projected expenditures. <br /> <br />