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HomeMy WebLinkAboutApplication APPLICANT 7/11/2013 City of Springfield SPRINGFIELD Development Services Department 61111L a 225 Fifth Street Springfield, OR 97477 • Property Line Adjustment Required Project Information (Applicant: complete this section) (Applicant Name: Ken Schmidt !Phone: Company: Lincoln Capital . LLC !Fax: Suite 270 Address: t,80 Valley River Drive, EtMCnc OR 97401 Jed Truett 541 -302-9830 Applicant's Rep.: __- _--___--_---_ Phone: Company: Metro Planning, Inc. Fax: 541 -743-0732 Address: 370 Q Street, Springfield OR 97477 PROPERTY 1 ------------------ — 17-02-32-23 Assessors Map #_ 'Tax Lot #: 300 Property Address: 4I 8 I E 5+, Property Owner: Lincoln Capital, LLC Phone: Company: _ (Fax: Address: PROPERTY 2 Assessors Map #: 17-02-32 Tax Lot #: 300 Property Address: VClallA, 42.9-4-16 S ' Property Owner: Lincoln Capital, LLC I Phone: Company: — I Fax: Address: Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Signatures: Please sign and print your name and date in the ap•ropriate box on the next •age. Required Project Information (City Intake Staff::,complete this section) • Associated Applications: /� Case No.: 1 P 113'0001 b Date: I Reviewed by: I.,, (A( I I\/ Application Fee: $ U •UO Technical Fee: $ I c Postage Fee: $0 TOTAL FEES: * (OM S PROJECT NUMBER: :.'ce_;,L�s.fkix 9L?.s*'iF�':4na .. ct,_,:i-zcx ..;h..;,>r'.,tt-ttn,-F> n -m x:r-,tmi npi_ _ Revised 6/6/11 Liz Miller JUL 1 1 2013 1 of 4 Original Submittal • • Signatures The undersigned acknowledges that the Information in this application Is correct and accurate. Applicant: Date: C' q' ( 3 Signatur SS-0o \Rue Print If the applicant is r the owner, the owner hereby grants permission for the applicant to act in his/her behalf. Property Owner 1: cce-C `) Date: 7.—/O Signature c„il 4ycJ—/ o weoe—rv- L-ifnl ecs LA, C i%,c Print If the applicant is not t - owner, the owner hereby grants permission for the applicant to act in his/her behalf. Property Owner 2: _ /- Date: 7- ) 0 -/2 Signatu e Print • Date Received: JUL 1 1 2013 • Original Submittal Revised 6/6/11 Liz Miller 2 of 4 • • o , � © June 3, 2013 * , Property Line Adjustment for Lincoln Commercial Center—42nd and E Street METROPLANNING LAND USE PLANNING AND CONSULTING SERVICES Owner: Lincoln Capital, LLC 370 o STREET Address: 1580 Valley River Dr SPRINGFIELD,OREGON 97477 Eugene, OR 97401 (541) 302-9830 FAX 1(541)610-1805 Parcel 1: 17-02-32-23 TL 300 Original Area: 28,345 sf Adjusted Area: 58,940 sf Parcel 2: 17-02-32-00 TL 300 Original Area: 153,537 sf Adjusted Area: 122,944 sf Narrative The purpose of this lot line is to adjust a portion of the common line between Tax Lot 300 of Map 17-02-32-23 and Tax Lot 300 of Map 17-02-32. This adjustment will move said property line out from underneath the existing ARC building and into the parking lot, as shown on the accompanying drawing. Joint parking agreements and access easements will be drafted, as needed, if either of the properties are sold to a different party. SDC 5.16-125 Criteria The Director shall approve, approve with conditions, or deny the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property Line Adjustment shall not: A. Create a new lot/parcel The proposed lot line adjustment does not create a new lot or parcel B. Create a landlocked lot/parcel The proposed lot line adjustment does not create a landlocked lot or parcel C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the minimum established by the ap licable zoning districts in this Code Gate Received: JUL 112013 Original Submittal • • The minimum lot size in the Community Commercial (CC) zoning district is 6000 sf. The resulting lot sizes of Parcel 1 and Parcel 2 (58,940 sf and 122,944 sf, respectively) are well above the minimum size established by the CC zoning district. There are no resulting reductions in minimum setbacks for the CC zoning district. D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application There are no previous conditions imposed on the subject parcels. E. Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcels The proposed adjustment will have no impact on the availability of existing' public and private utilities to each parcel. Existing wastewater easements on the north of the site are unimpacted by this lot line adjustment. All other utilities are available along the adjacent public street frontage for each parcel. F. Increase the degree of non-conformity of each lot, parcel or structure that is non-conforming-at the time of application Neither parcel in this adjustment is non-conforming. The adjustment will not cause either parcel to become non-conforming. Conclusion The proposed lot line adjustment application meets the intent of SDC5.16-125. If the City has further questions regarding this application, they can contact me directly by email at jed @metroplanning.com or by phone at 541-302-9830. Date Received: JUL 1 1 2013 Original Submittal__---- Jill • 03 1 LL? d ® c is -or C a LORIS P0 — Z3 O 3Fp MCOO.SfAO-S- 3H0 co O d 1 , _: m liii F �� AM I £ ;H: I I i 2u.ao i..• CZ fh 'E#, 50.88' d s. _, , z RA . 1}��j.' y _ - 'pyQ I � ' � N \ 1 Y1rd nl c�ggss GaGO� yy zpVVV ppmmq�^ \ 1 nu-7 3 :BBZS 5g ! I .-s.\\\\\__ -2 OILYJOI 3NI1 1O1 i-- gE, 1 \Y/ ///�4/ // i I ig l 11111111 IIIIIIIIII ...„,. W 8c kJ, ,,. , 7 .„, ..,„ sigh N!7 1114 p N p gi z 3.00.000 N • b -Nish v. �7 ,II F- Z c < s\�ir z o o O O rc0W, ° 0) w _ l.l.l Fus ht-10 Q Ce /- O 0U. •OJO� OJ I- � c. KC ? � Y ' c ) V W LLI 0 c X0x 0 O z W Q ac U 0 w J z O V Z > CO w v w I- rw '- � ° Quo � ? ° o W c . • N ,w-� � � w � I- I— z I-- ~ > z a w a0 y O W Z > T J Q J = Q lL CL Q J Z LIJ 1.11 IX e N CO vS 2 d a W CD cc I- • CD 0 > _j MI Z O uj OWZ ,- `- (no av 0 Q co c co w W Z = IV- CO d w uj ( I- J Z N N W J Q Z Z W OLL Z W LL 2i M J LL U U H s O u 0 , r, W `T Z O > W W 0 _ Lr0Z 5. W , j OJ ` W W I I \ o ® O - ® O b: CL Q J CO (n d• I • • O • 7 1:1 1 k 2OO7-O61094� Lane County Deeds end Records I. ` 1111111110111111001101111111111111111 $31.00 immata 00939066200700610940020024 08/30IE007 11:05:37 Atl 1 12 ® RPR-DEED Cnt=1 Stn=s CRSHIER 05 CASCADE TITLE LE $10.00 $11.00 $10.00 T CO, RETURN TO CASCADE TITLE CO. TITLE NO. 0255616 ESCROW NO. EU07-2195 1A11. TAX ACCT.NO. 0126324 TAX ACCT.NO. 0126118 • MAP/TAX LOT NO. 17 02 32 2 3 11300 MAP/TAX LOT NO. 17 02 32 X300 BARGAIN AND SALE DEED EGS PROPERTIES,LLC,on Oregon Limited Liability Company,Grantor, conveys to LINCOLN CAPITAL II,LLC,an Oregon Limited Liability Company,Grantee hereinafter called grantee,and unto grantee's heirs,successors and assigns all of that certain real property with the tenements,hereditoments and appurtenances thereunto belonging or in anywise appertaining,situated in the County of LANE,State of Oregon,described as follows,to-wit: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 197.352. The true consideration for this conveyance is STO CHANGE VESTING. ra Dated this 73 day of 3. ,241.51 JJJ EGS PRO' RTI LLC BY: �r. 1-1 \ KENNETH BL..SCHMIDT,MANAGING ME'1 BY: II- S-04tie4 MICHELLE C.SCHMIDT,MANAGING MEMBER Slate of Oregon County of LANE This instrument was acknowledged before me on 23 ,2007 by KENNETH L. SCHMIDT AND MICHELLE C.SCHMIDT,MANAG MEMBERS OF EGS PROPERTIES,LLC. • OFFICIAL SEAL MELISSA PUBLIC-OREGON MELISSF00UC-RFIELN (No Merl ary Public-for regon) W MMISSION N0.386222 1 W,dI ®mi coIM656'ONDp415N501L69FR16,20W My commis expires EGS PROPERTIES,LLC Until a change is requested all tax statements shall be sent to the following address: tl GRANTOR'S NAME AND ADDRESS "'SAME AS GRANTEE*** LINCOLN CAPITAL II,LLC After recording return to: • 1580 VALLEY RIVER DRIVE.SUITE 270 CASCADE TITLE CO. EUGENE,OR 97401 811 WILLAMETTE Date Received: GRANTEE'S NAME AND ADDRESS EUGENE,OR 97401 JUL 1 1 2013 1350 Original riginal Submittal• • • • V CT HS A DESCRIPTION PROPERTY DESCC RIPTION PARCEL 1: • Lot 1, Block 3, MORROW PLAT, as platted and recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County, Oregon. SAVE AND EXCEPT THEREFROM the East 15 feet thereof. PARCEL 2: The North 377.0 feet of the following described property, to wit: Beginning at the. Southeast corner of the Lucinda Comegys Donation Land Claim No. 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 89° 50' 30° West 222.3 feet along the South line of said Donation Land Claim No. 81 to a point marked by an iron pin; thence South 0° 15' West 902.5 feet to an iron pin set on the Northeast margin of Commercial Boulevard (being 80.0 feet in width) ; thence South 41° 45' East 137.5 feet along the Northeast margin of said Commercial Boulevard to an iron pin set thereon; thence North 89° 50' 30" East 403 .5 feet to an iron pin set on the East line of the Reuben Harper Donation Land Claim No. 57; thence North 0° 15' East 1005.3 feet along said Donation Land Claim line to a point marked by a truck axle; thence South 89° 50' 30" West 273.2 feet to the true point of beginning, in Lane County, Oregon. SAVE AND EXCEPT that portion conveyed to the City of Springfield by deed recorded May 16, 1974, Reception No, 74-20356, Lane County Official Records, Lane County, Oregon. • Date Received: JUL 1 1 2013 Original Submittal • • i . ®, *0281393* T CASCADE TITLE CO. .0 PRELIMINARY TITLE REPORT CASCADE ESCROW June 10, 2013 • ATTN: MARILYN MCKERN Report No: 0281393 811 WILLAMETTE STREET Your No: EU13-1823 EUGENE, OR 97401 Seller: LINCOLN CAPITAL II, LLC Buyer: TO COME • PRELIMINARY REPORT FOR: Owner's Standard Policy $T/C PREMIUMS: Owner's Standard Premium $T/C Temporary Billing $225.00 Government Service Fee $35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: ( A T T A C H E D ) . Vestee: LINCOLN CAPITAL II, LLC an Oregon Limited Liability Company Estate: FEE SIMPLE DATED AS OF: MAY 28, 2013 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions) : 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. No liability is assumed hereunder until policy has been issued and full policy premium has been paid. MAIN OFFICE FLORENCE OFFICE 811 WILLAMETTE ST. * EUGENE, OREGON 97401 ' 1901 HWY 101 - S. 2 * FLORENCE, OREGON 97439 PH: (541) 687-2233 * FAX: (541) 485-0307 PH: (541) 997-8417 * FAX: (541) 997-8246 E-MAIL: INFO @CASCADET IT'LE.COM E-MAIL: FLORENCEthlie e j : JUL 112013 • Original Submittal • • Order No. 0281393 Page 2 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. S. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: • 6. Taxes, Account No. 0126324, Assessor's Map No. 17 02 32 2 3, #300, Code 19-00, 2012-2013, in the amount of $4,316.67, DUE PLUS INTEREST. (Partly exempt in the amount of $258,104.00, by reason of Charitable Exemption. At any time that said land is disqualified for such use, the property will be subject to additional tax and interest.) Taxes, Account No. 0126118, Assessor's Map No. 17 02 32, #300, Code 19-00, 2012-2013, in the amount of $4,548.80, DUE PLUS INTEREST. (Partly exempt in the amount of $85,289.00, by reason of Charitable Exemption. At any time that said land is disqualified for such use, the property will be subject to additional tax and interest. ) 7. Right of way easement for irrigation canal, including the terms and provisions thereof, in favor of Eugene-Springfield Land and Water Company, as set forth in deed recorded June 28, 1940, in Book 205, Page 23, Lane County Oregon Deed Records. (Parcel 1) 8. Reservations, Conditions and Covenants, including the terms and provisions thereof, as set forth in deed from Weyerhaeuser Timber Company, and Lennart C. Groth and Gladys M. Groth, recorded April 14, 1953, Reception No. 1494, Lane County Oregon Deed Records. (Parcel 1) 9. Sewer Easement, including the terms and provisions thereof, granted Timber Bowl, Inc. , an Oregon corporation, by instrument recorded April 16, 1964, Reception No. 51677, Lane County Oregon Deed Records. (Parcel 2) 10. Easement, including the terms and provisions thereof, granted Timber Bowl, Inc., a corporation, by instrument recorded April 22, 1964, Reception No. 52440, Lane County Oregon Deed Records. (Parcel 1) 11. Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, by instrument recorded November 1, 1965, Reception No. 24512, Lane County Oregon Deed Records. (Parcel 1) 12. Right of Way Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, by instrument recorded July 21, 1977, Reception No. 7745123, Lane County Official Records. (Parcel 1) 13. A copy of the Articles of Organization and/or Operating Agreement of Lincoln Capital II, LLC, should be furnished to Cascade Title Company for the purpose of ascertaining member authorized to execute on behalf o the Limited Liability Company. 14. In lieu of the signatures of all the members and/or managers, we will require a Consent Resolution by all of the members and managers of Lincoln Capital II, LLC, consenting to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to sign for said limited liability company to be provided prior to closing. Date Received: JUL 112013 Original Submittal • • Order No. 0281393 Page 3 15. Deed of Trust, including the terms and provisions thereof, executed by Lincoln Capital II, LLC, an Oregon limited liability company, Grantor, to Western Title & Escrow Company, Trustee, for the benefit of Century Bank, Beneficiary, dated August 23, 2007, recorded August 30, 2007, Reception No. 2007-061095, Lane County Deeds and Records, to secure payment of a note in the amount of $1, 800,000.00. Said Deed of Trust was modified by Agreement dated April 16, 2010, recorded May 4, 2010, Reception No. 2010-021034, Lane County Deeds and Records. 16. Assignment of rents due or to become due and accruing from said property, including the terms and provisions thereof, from Lincoln Capital II, LLC, an Oregon limited liability company, to Century Bank, dated August 23, 2007, recorded August 30, 2007, Reception No. 2007-061096, Lane County Deeds and Records. 17. Financing Statement recorded August 30, 2007, Reception No. 2007-061097, Lane County Deeds and Records, lists Lincoln Capital 11, LLC, as Debtor, and Century Bank, as Creditor, with security information obtainable from creditor. 18. Subordination, Attornment and Non-Disturbance Agreement, including the terms and provisions thereof, wherein the Borrower/Lessor is Lincoln Capital II, LLC, the Lessee is The ARC of Lane County and the Lender is Century Bank, recorded August 30, 2007, Reception No. 2007-061098, Lane County Deeds and Records. 19. Deed of Trust (Line of Credit) , including the terms and provisions thereof, executed by Lincoln Capital 11, LLC, an Oregon limited liability company, Grantor, to Western Title & Escrow Company, Trustee, for the benefit of Century Bank, Beneficiary, dated November 7, 2007, recorded November 28, 2007, Reception No. 2007-079196, Lane County Deeds and Records, to secure payment of a note in the amount of $240,000.00. Said Deed of Trust was modified by Agreement dated April 16, 2010, recorded May 4, 2010, Reception No. 2010-021042, Lane County Deeds and Records. 20. Deed of Trust, including the terms and provisions thereof, executed by Lincoln Capital II, LLC, an Oregon limited liability company, Grantor, to Cascade Title Company, Trustee, for the benefit of Summit Bank, Beneficiary, dated June 23, 2009, recorded June 29, 2009, Reception No. 2009-035578, Lane County Deeds and Records, to secure payment of a note in the amount of $224, 210.00. 21. Assignment of rents due or to become due and accruing from said property, including the terms and provisions thereof, between Lincoln Capital. II, LLC, an Oregon limited liability company, and Century Bank, dated April 16, 2010, recorded May 4, 2010, - Reception No. 2010-021035, Lane County Deeds and Records. NOTE: The property address as shown on the Assessor's Roll is: 4181 E Street Springfield, OR 97478 NOTE: As of the date hereof, there are no matters against LINCOLN CAPITAL 11, LLC, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: According to the public record, the following deed (s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Date Received: JUL 112013 Original Submittal 411 411 Order No. 0281393 Page 4 This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. cs: Title Officer: DOUG PIERCE Cc: METRO PLANNING ATTN: JED TRUETT EMAIL: JED @METROPLANNING.COM • Date Received. JUL 1 1 2013 • Original Submittal______ • • Order No. 0281393 Page 5 PROPERTY DESCRIPTION PARCEL 1: Lot 1, Block 3, MORROW PLAT, as platted and recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County, Oregon. SAVE AND EXCEPT THEREFROM the East 15 feet thereof. PARCEL 2: The North 377.0 feet of the following described property, to wit: Beginning at the Southeast corner of the Lucinda Comegys Donation Land Claim No. 81, Township 17 South, Range 2 West of the Willamette Meridian; thence South 89° 50' 30" West 222.3 feet along the South line of said Donation Land Claim No. 81 to a point marked by an iron pin; thence South 0° 15' West 902.5 feet to an iron pin set on the Northeast margin of Commercial Boulevard (being 80.0 feet in width) ; thence South 41° 45' East 137.5 feet along the Northeast margin of said Commercial Boulevard to an iron pin set thereon; thence North 89° 50' 30" East 403.5 feet to an iron pin set on the East line of the Reuben Harper Donation Land Claim No. 57; thence North 0° 15' East 1005.3 feet along said Donation Land Claim line to a point marked by a truck axle; thence South 89° 50' 30" west 273.2 feet to the true point of beginning, in Lane County, Oregon. • SAVE AND EXCEPT that portion conveyed to the City of Springfield by deed recorded May 16, 1974, Reception No. 74-20356, Lane County Official Records, Lane County, Oregon. • Date Received: • JUL 1 1 2013 Original Submittal •