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    "An Urban Forest -- Worth More Than Money"

    By Lisa Warnes and Kathleen Leonard
    This article was published (or posted) on Feb 5, 2005 in "West by Northwest. org Online Magazine." A shorter version of this same article first appeared in "The Eugene Weekly" on Jan 27, 2005.

    In the southeast hills of Eugene lies a 39.9-acre forest bounded by Dillard Road to the east, Nectar Way to the west and city parkland (part of the Ridgeline Trail system) to the south. This forest contains Amazon Creek headwaters, wetlands, creeks, upland wildlife habitat and significant acreage for several plants that are federally listed species of concern and endangered at the state level.

    Eugene's Parks and Open Spaces Department had told residents that they were in the process of acquiring this land to add to the Ridgeline Park network. When the parcel was sold last year to Joe Green, a Portland developer with plans to build a 77- to 115-home subdivision, a neighborhood committee formed to save these native woods from being destroyed. This group now stands at over 100 households and has joined forces with the Southeast Neighborhood Association. Determined to conserve this treasure for all of Eugene, they have been raising funds to pay for environmental studies and an attorney.

    City officials maintain that in the spring of 2004 they had reached a verbal agreement to buy the 39.9 acres, then owned by DDA Oregonia, for $300,000. Before the deal was formalized, DDA Oregonia sold the parcel to Green for $325,000. After the sale, Parks still wanted to buy the property and Green indicated that he would sell it to the city for $600,000. The city had $300,000 to spend on the land and went to the state Parks Department to apply for a matching grant. The state granted the money. As there was a long line of applicants, the state clearly recognized the importance of preserving this irreplaceable habitat. The glitch was that the city was required to get an appraisal that supported the purchase price in order to use the state funds. The appraisal came in at $430,000. The city then offered Green $430,000 and an open book to all their surveys and engineering reports. He turned down the offer and began his own surveying.

    However, Munir Katul, the local manager of DDA Oregonia, has a different story. According to Katul, the city told him they would like to purchase an 8 to 12 acre easement around the stream that runs down the property diagonally. He was informed by a consulting engineer that such an easement would make it very difficult for any developer to purchase the property and he tried to convince the city to purchase all 39.9 acres. The city refused and in December 2003 Katul asked the city to make an offer, no matter how low. The response was a final nonnegotiable offer of $300,000. Meanwhile, the realtor for the property had taken earnest money from Green who had made a bid for $325,000. Because of the earnest money and the higher bid, Green got the property.

    As the city had made it clear to Katul that $300,000 was their final price and they would never budge from it, he was shocked when he learned that shortly after the sale the city was able to obtain extra funds and would try to purchase the property from Green for $600,000.

    Moreover, the city never indicated to him any interest in purchasing this property. He was the one hounding them to make an offer and following up on it. At no time did they offer to negotiate a gradual purchase contract or offer to investigate options to purchase. At all times they expressed a lack of interest in purchasing this property. When he confronted them with these facts last summer they claimed that they thought their offer was too low and their chances of purchase were slim. It seems the city dropped the ball when they had a chance to purchase this land at a reasonable price from a willing seller. Green is no longer willing to sell unless someone comes up with $1,000,000 and he is very near completion of wetland determination and natural features assessment.

    Those of us who care deeply about keeping this forest intact for its own sake, for all of Eugene and for future generations must now attend to politics. Green has every intention of having his proposal submitted by spring of 2005, before the scheduled finalization of the city's Goal 5 inventory in July. Goal 5 is a state planning guideline that requires Oregon cities to conserve open space and protect natural resources by taking regular inventory of their lands and working to protect the most en environmentally valuable. City staff members started the most recent inventory process for Goal 5 last year, but they grossly overlooked the plot on Nectar Way, listing only one creek as upland wildlife habitat. According to a study conducted by a biologist hired by the neighborhood committee, there are at least 3 acres of wetlands and many seasonal creeks feeding the wetlands. City staff also chose not to include this land in the recent Parks, Recreation and Open Space draft plan recently presented to the city council.

    At this point, one of the city's options is to condemn the property and have the courts set a fair price. With condemnation, the developer must sell the land to the city for preservation. The city manager says there has never before been condemnation for this purpose but perhaps it is time for the city to set a precedent and condemn this property not only for the good of the people but for the preservation of the watershed and the protection of wildlife.

    The willingness of local neighbors to give their time and money toward preservation of this property indicates that there are many who believe that the beauty of this precious ecosystem is a great deal more valuable than another housing development which may make a Portland developer and his family business a little bit richer. While the neighborhood recognizes that this is private land, it is also important wildlife habitat, a key component of the Upper Amazon Creek watershed, and contiguous with the Ridgeline Trail system. Protecting the property will provide long-term benefits to the city and its residents and will help keep Eugene a special and desirable place to live.

    There are several things you can do if you would like to support the city in purchasing and protecting this land. To stay updated, get on the e-mail list devoted to this project. Also, the neighborhood committee needs donations to pay for legal fees, environmental studies, printing, etc. Another way to help is to send a personal e-mail to the City of Eugene mayor, city manager and city council members telling them why it is important to you to preserve this land.

    Lisa Warnes is acting as the official spokesperson for the effort to preserve the Nectar Way forest. She can be reached by e-mail at


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    Vision for Intact Ecosystems & Watersheds, 2005, 2006.