1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY 5 In the Matter of: Case No.: 17-CV-37767 6 A Declaration That No Deed Restriction nor DECLARATION OF JAMES CHANEY 7 Dedication on That Piece of Property Known IN SUPPORT OF LANE COUNTY'S MOTION FOR SUMMARY JUDGMENT as the Butterfly Lot Would Prevent the 8 Construction of a City Hall, Farmers Market, 9 or Public Space on That Lot, Nor Would Prevent Construction of a County Courthouse 1 0 on That Piece of Property Known as the Former City Hall Lot 11 I, James A. Chaney, do hereby state as follows: 12 1 . I am an Assistant County Counsel for the Lane County Office of Legal Counsel, 13 and I make this Declaration in support of Lane County's Motion for Summary Judgment. 14 15 2. The City of Eugene, Lane County, and the Urban Renewal Agency of the City of 16 Eugene entered into a purchase and sale agreement on August 31, 2107 for the sale and exchange 17 of properties in downtown Eugene. 18 3. The County property that is being sold under the purchase and sale agreement 19 consists of two parcels of land which, taken together, constitute a half-block property bounded 20 on the north and south by 7th and 8th Avenues and on the east and west by Oak Street and West 21 Park Street, and known locally as the "Butterfly Lot." 22 4. I researched the issues of potential restrictions or limitations on the title to the 23 County properties to be sold to the the City and Urban Renewal Agency under the purchase and 24 agreement that could restrict the use of that property for the purposes intended, or might prevent 25 Page 1 - DECLARATION OF JAMES CHANEY IN SUPPORT OF LANE COUNTY'S MOTION FOR SUMMARY JUDGMENT LANE COUNTY OFFICE OF LEGAL COUNSEL 125 East 8th Avenue Eugene, Oregon 97401 Telenhone: 541.682.4442: Fax 541.682.3803 the County from constructing a courthouse on the site of the former Eugene city hall. In the 1 2 course of that research I located a number of historic documents and public records, and base the ^ subsequent statements in this declaration upon my review of those documents. 4 5. I prepared a sequential list (a "timeline") of all events for which I have 5 documentation that have potential relevance to interpretation of the Skinner deed and possible 6 restrictions on the Butterfly Lot. A copy of that timeline is attached to this declaration as Exhibit ^ " 1 " and by this reference incorporated herein. 8 6. A Congressional Act dated May 26, 1824, granted counties of each state and 9 . territory the right of pre-emption to one-quarter section of land "for the establishment of seats of 10 justice therein," provided that "the proceeds of the sale of each said quarter sections shall be 11 appropriated for the purpose of erecting public buildings." A copy of the Congressional Act is 12 attached as Exhibit "2" and by this reference incorporated herein. 13 7. Lane County was established in 1851 by the Oregon Territorial Legislature. 14 8. Eugene F. Skinner filed a claim for 640 acres of land with the Office of the 15 16 Surveyor General of Oregon on April 27, 1853. I obtained from the U.S. Archives' Seattle 17 Regional Office a certified copy of the entire claim filed by Skinner on behalf of himself and his 18 wife, the original of which is in the custody of the Lane County Historical Museum. A complete 19 copy of that claim file is attached as Exhibit "3" and by this reference incorporated herein. 20 9. An Act of the Oregon Territorial Legislature passed in January 1 853 established a 21 method for the selection of a county seat for Lane County. Based on that law, the Board of 22 Commissioners of Lane County (the Board) selected Eugene City as the location for the county 23 seat on July 6, 1853. 24 10. In recognition of promised donations of 40 acres of land from each of two 25 Page 2 - DECLARATION OF JAMES CHANEY IN SUPPORT OF LANE COUNTY'S MOTION FOR SUMMARY JUDGMENT LANE COUNTY OFFICE OF LEGAL COUNSEL 125 East 8th Avenue Eugene, Oregon 97401 Telephone: 541.682.4442: Fax 541.682.3803 couples, Eugene and Mary Skinner and Charnel and Martha Mulligan, the Lane County Board of 1 2 Commissioners dedicated an area within the donated land as a "Public Square" on December 7, 2 1854. However, but the property description contained in the order does not correspond to the 4 location of the Square on the plat describe any particular parcel with certainty. 5 11. On April 12, 1856, the Board ordered that the Skinners' $25,000 bond 6 guaranteeing their donation of 40 acres of land be recorded. 7 12. On July 12, 1856 the Board accepted a deed from the Skinners, and a deed from 8 the Skinners granting 40 acres of land to the County was dated and recorded the same day. 9 13. On August 29, 1860, the United States Surveyor General's Office issued a patent 10 to Eugene and Mary Skinner for their land claim. 11 14. A deed was recorded on March 14, 1862 from the Skinners granting the same 40 12 acres of land to the County as the 1856 deed. That second deed, as recorded, bears the date May 13 17, 1855. 14 15. In 1883 or 1884, the City of Eugene constructed a city hall-fire station on the 15 16 southwest corner of the Butterfly Lot within the public square. 17 16. Commencing in 1884, with periodic updates, the Sanborn Map Company 18 prepared fire insurance maps for Eugene, Oregon detailing the location and uses of all buildings 19 within the City for fire insurance purposes. A copy of all five Sanborn Fire Insurance Maps 20 issued from 1884 through 1925 showing the uses of the Butterfly Lot property is attached as 21 Exhibit "4", and by this reference incorporated herein. 22 17. In 1895, Lane County constructed a new county jail on the southeast corner of the 23 Butterfly Lot property within the public square, replacing earlier jails that had occupied the same 24 site since 1853. 25 Page 3 - DECLARATION OF JAMES CHANEY IN SUPPORT OF LANE COUNTY'S MOTION FOR SUMMARY JUDGMENT LANE COUNTY OFFICE OF LEGAL COUNSEL 125 East 8th Avenue Eugene, Oregon 97401 Telephone: 541.682,4442: Fax 541.682.3803 18. In 1896, the Board of County Commissioners formally dedicated as a "public 1 2 square" the area used for that purpose since 1854, and ordered the dedication surveyed and 2 recorded on March 21, 1 896. 4 19. A group of plaintiffs led by Joseph Davis sued the City of Eugene and the Lane 5 County Board of Commissioners in Lane County Circuit Court in 1 897, seeking to compel the 6 removal of portions of 8th Avenue and Oak Street to restore the public square to an undivided 7 condition. The suit dismissed in 1 899, and the Court's records related to the action are omitted in 8 the Court's microfilm archive. However, the Lane County Historical Museum retains an original 9 . ..... ... copy of the City of Eugene's litigation file, including a copy of the plaintiffs' revised complaint 10 and sworn depositions taken in the case. 11 20. In 1898 Lane County constructed a new county courthouse on the northeast 12 corner of 8th Avenue and Oak Street, within the public square at the present location of the 13 Morse Plaza. 14 21. The Board vacated the outer 34' of the dedicated road around the public square on 15 16 October 10, 1899, and sold the vacated portion of the roadway to the adjacent property owners. 17 22. The Board ordered on October 20, 1908, that an action be commenced against the 18 City of Eugene to force the City to remove its city hall-fire station and city jail from the 19 southwest portion of the Butterfly Lot property. 20 23. The Board renewed its October 20, 1908 order regarding removal of the City 21 structures on October 10, 1909. 22 24. Lane County has retained continuous ownership of the Butterfly Lot property 23 since the County obtained title from the Skinners, with the exception of four lots and a portion of 24 vacated street right-of-way that were sold by the County to third parties and which, taken 25 Page 4 - DECLARATION OF JAMES CHANEY IN SUPPORT OF LANE COUNTY'S MOTION FOR SUMMARY JUDGMENT LANE COUNTY OFFICE OF LEGAL COUNSEL 125 East 8th Avenue Eugene, Oregon 97401 Telenhone: 541.682.4442: Fax 541.682.3803 together, constitute the northern portion of the Butterfly Lot. 1 25. District Attorney Eugene C. Venn submitted a formal opinion memorandum to 2 3 the Lane County Board of Commissioners dated November 8, 1954 giving his opinion on the 4 legality of selling one of the southerly park blocks to the City of Eugene as a site for a city 5 library. A copy of that memorandum is attached as Exhibit "5" and by this reference incorporated 6 herein. 7 26. The Board vacated the remaining 66 foot width of North Park Street right-of-way 8 on December 26, 1958, the portion of which between Oak Street and West Park Street is now 9 incorporated into the Butterfly Lot. 10 27. Lane County had a parking structure built on the Butterfly Lot, completed in 11 1959.