HomeMy WebLinkAboutMiscellaneous APPLICANT 5/16/2007
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LAND MANAGEMENT DIVISION nner IvtMecJ ~ ~.
Measure 37 Claim Form
125 E 8th A VENUE, EUGENE, OR 97401
PLANNING 682-3807
I For Office Use Only FILE# ~b '12-12-- CODE PLN-M37
FEE $850
This completed form, supportmg documentahon and processmg fee must be submitted to the Lane County Land
Management DIvISIOn for all claIms subject to the provlSlons added to ORS Chapter 197 by Ballot Measure 37
(November 4, 2004), to be considered for compensahon under LC 2700 through 2770 In all cases, the apphcant
has the burden of demonstratmg, With competent eVidence, that all apphcable cntena are met and the apphcant
would be enhtled to compensahon If the land use regulahon contmues to apply
LOCATION
Townshlo 17
Ranoe 03
Secllon 25 1/4 Section 22
Tax Lot 200
Address 1537 Havden Bndoe Road, Sonnofield OR 97477 (See Assessor's Mao, attached as ExhibIt "A"\
ApplIcant
William and Wilma Purcell, Trustees of the Purcell LIving Trust
1537 Hayden Bridge Road
Springfield, OR 97477
Tel (541) 746-0040/1 l ,1/1
ApphcantSlgnature ~,MI1
geJI
I
Agent
Michael E Farthing
767 Wlllamette Street, SUite 203
Eugene, OR 97401
Tel (541)485-1141
mefarthlng@yahoo com
Agent Signature
r
Land Owner
Same as Applicant
UJLc
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Land Owner Signature
By slgnmg thIS apphcahon, the apphcant, agent and landowner(s) certIfy the followmg I (we) have completed all
of the attached applIcahon requIrements and certIfy that all statements are true and accurate to the best of my (our)
knowledge and belIef I am (We are) authonzed to submit thIS applIcahon on behalf of all those With an mterest m
the property and all the owners(s) agree to thIS claim as eVidenced by the signature of those owners (Include
additional signatures as necessary)
L_,e Received 5~/. ~'7
Entry by County or Its desIgnee upon the subject property IS authorIzed bflartn811e'lllllVrnd the 0{:.,,(,<~{Sj
consent to the apphcalIon for claIms under provIsIons added to ORS Chapter 197 by Ballot Measure 37
(November 4,2004)
Addlhonal land owners, hen holders, trustees, lessees or anyone wIth an Interest In the subject property
DescrIbe the ownershIp mterest Attach more pages If necessary
Name
SIgnature
Address
Name
SIgnature
Add'CS5
SubmIt the followmg documents
. TItle Report ThIS report mustldenbfy the current land owner(s) and the date the current land owner(s)
acqUIred the property or an mterest m the property See attached listing kit for Tax Lot 200
attached as Exhibit "B"
. DescnplIon Card and deeds The descnplIon card IS avallable m the Tax Assessor's Department SubmIt
all the deeds lISted on the card from the date the current owner acquIred an mterest m the property The
deeds must verIfy the current land owner, as lISted on the Title Report, and demonstrate conhnuous
ownershIp by that owner SInce the date of acqulSlhon See Descrrptlon Card, attached as
Exhibit "C" and anginal Warranty Deed to Claimants, dated May 12, 1965, attached as Exhibit "0-1"
. If the property IS In a Trust, LLC or other type of ownershIp, submIt documentahon regardmg the
ownershIp These documents must show whether the Trust, LLC or other type of ownershIp IS revocabJe
and Idenbfy all persons With an mterest m the ownershIp See Warranty Deed to Trust, dated May
11,1998, attached as Exhibit "0-2" Copy of the Purcell LIVing Trust IS attached as ExhIbit "0.3"
. If the property was acqUIred though a land saJe contract, Idenbfy the ongJnalland owner and each person
who assumed the contract pnor to the current land owner Include the documentahon that demonstrates
when the contract was conveyed Also, submIt the document(s) demonstrahng the contract was completed
and ownershIp was conveyed to the current owner Nt A
. Leases, covenants, condlllons or restnctlOns appilcable to the subject property NtA
. Reasonable and competent eVIdence of a reduchon In faIr market value from a land use regulatIon
Claimant filed a Research Request wllh Lane County to determme orrgmalzonlng regulations at the
time of acqUlslllOn (PA 06-6939) Copy of that request IS attached as Exhibit "E" Agent will
supplement thiS claim upon receipt of that notice
Current zoning information IS found at Exhibit "F" Opinion of Value IS determined In a wrlllen
statement prepared by Michael Miller, Certified Real Estate Broker, attached as ExhIbit "G"
Current Zomng- LO (Low Oensltv Resldent,al bv the Cltv of Sonnofield The Sublect Prooertv IS inSide the
Sonnofield Urban Growth Boundarv but outSide the CltV Limits of Sonnafield See Exhibit 'G" )
Acreage
188
When dId the current land owner acquIre an mterest m the property? Claimants acaUlred the Sublect Prooertv
on Mav 12. 1965 bv Warranty Oeed attached as Exhibit "0-1"
When dId the famIly acquire an mterest m the property? Claimants conveyed the Sublect Prooertv
to the Purcell Livlno Trust on Mav 11, 1998 bv Warranty Deed to Trust. attached as Exhibit "D-2"
Current fau market value of property
$300,000 See wntten statement. attached as Exhibit "G"
Alleged reduction m faIr market value
$235,000 See written statement. attached as Exhibit "G"
Measure 37 Claim Form
Page 2
Dad;ifRecelved .5;:" / tJ7
Planner MM
EXISTING IMPROVEMENTS IdentIfy any eXishng improvements to the property such as any homes, roads,
other structures, etc
The Subject Property IS Improved with a single-family dwelling
What rebef lS bemg sought? Are you requestmg monetary compensatlOn or a walver of a land use regulahon(s)' If
a walver is desued, what lS the desued use and/or how do you want to develop the property'
Claimants seek monetary compensation for the reduction m fair market value In the amount of $235,000 If
thiS request IS not met, Claimants request waiver of ail County land use regulations that were adopted after May 12,
1965 and which qualify for waiver under the terms of Measure 37 More specifically, Claimants request waiver of
the land use regulations enacted by the County after the above-referenced date and which applied to the Subject
Property while the property was regulated by Lane County land use authOrity These are those regulalrons that
restrict or prohibIt Claimants from subdiViding the property Into four additional lots and plaCing a Single-family
reSidence on each lot Clalmarlt applied for a Measure 37 claim wJlh the City of Springfield to waive the current LD
zomng and other land use restrictions to allow for subdiVISion of the 1 88 acre parcel Into four lots
I APPROVAL CRITERIA
Lane Code 2.740(1)
The County Admmlstrator shall make a deternunalIon as to whether the appllcalIon qualifies for Board
compensalIon consIderalIon An appllcalIon qualIfies for compensatlOn consideratIOn If the applicant has
shown that all of the followmg cntena are met
(a) The County has either adopted or enforced a land use regu]alIon that restricts the use of pnvate real
property or any Interest therein,
(b) The restrIclIon on use has the effect of reducmg the falf market value of the property or any mterest
therem, upon whIch the restnctlOn IS imposed,
(c) The challenged land use regulatIOn was adopted, enforced or applied after the current owner of the
property (the applicant) became the owner, and
(d) The challenged regu]alIon IS not an exempt regulalIon as defmed m LC 2 710
Answer the followmg queslIons Attach additIonal pages If necessary
. What land use regulatIon(s) has been enacted smce the current owner acquued the property that reduced the
fau market value of the property'
. How has the IdentIfied regulahon(s) reduced the fau market value of the property'
. What eVIdence are you provIdmg that demonstrates the value reducbon7 Explam the eVIdence
See attached Written Statement addreSSing Criteria In LC 2 740(1)
Measure 37 Claim Form
Page 3
uate ReceIved 5' /1 ~ I f>7
Planner MM
WRITTEN STATEMENT ADDRESSING LC 2740(1)
An apphcatlOn quahfies for compensatlOn consideratIon If the Apphcant has shown that
all of the followmg LC 2 740(1) cntena are met
(a) The County has ellher adopted or enJorced a land use regulatIOn that restncts the use oj
private property or any mterest therem,
Fmdmg of Fact'
Claimants acquired the Subject Properties on May 12, 1965 At that time, Subject
Property was not zoned by Lane County Claimants prevlOusly filed a Research Request (P A 06-
6939) to determme the zomng restnctlOns Imposed by the County thereafter See Exhibit' E"
Copy of the response to that request wIll supplement thiS claim upon receipt The Subject
Property was zoned LD, Low Density Resldenl1al by the City of Spnngfield m 1986 with the
adoptIOn of the Urban TransltlOn Agreement
(b) The restnctlOn on use hOli the effect oj reducmg the JOlr market value oj the property or
any mterest therem, upon whIch the restrlcllon IS Imposed,
Fmdmg of Fact
The contmued apphcatlOn of the LD zomng has restncted Claimants from further
subdlvldmg their property mto smaller parcels, therefore decreasmg the value of the Subject
Property Michael Miller, Pnnclpal Broker, has valued the Subject Property under current zomng
restnctlOns at $300,000 The fair market value of the Subject Property Without zonmg
restnctlOns IS $535,000 The loss m compensatIOn due to the Imposed zonmg restncl10ns IS
$235,000 See Exhibit "G"
(c) The challenged land use regulatIOn was adopted, enforced or applzed after the current
landowner oJthe property (the apphcant) became the owner, and
Fmdmg of Fact
Claimants acquired the Subject Property on may 12, 1965 by Warranty Deed recorded at
ReceptIOn No 8710263, Reel 1449, Lane County Deeds and Records See Exhibit "D.I"
Subsequently, Clalmants conveyed the Subject Property to themselves as trustees of the Purcell
Llvmg Trust on May II, 1998 by Warranty Deed recorded at ReceptIon No 9838477, Reel
2420, Lane County Deeds and Records See Exhibit "D-2" Copy of portIOns of the Purcell
LlVlng Trust IS attached as Exhibit "D.3" The Subject Property was unzoned on the ongmal
date of acqUlslUon referenced above The Subject Property IS currently zoned LD by the City of
PURCELL - M37 CLAIM
CRITeRIA ANALYSIS - PAGE I OF 2
Date Received >/1~//)7
Planner MM ' ,
Spnngfield See Spnngfield Zone Map, attached as Exhibit "F"
d) The challenged regulatIOn IS not an exempt regulation as defined In Le
2710
Fmdmg of Fact
The zomng regulatIOns referenced above are not Exempt Uses of RegulatIOns as defined
mLC2710
PURCELL - M37 CLAIM
CRlTERlAANALYSIS . PAGE 2 OF2
Date Received 5/1f../lJ7 .
Planner MM
PURCELL LIVING TRUST
MEASURE 37 COUNTY CLAIM
EXHIBIT LIST
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D-I
Assessor's Map No 17-03-25-22
Llstmg Kit for Tax Lot 200
DescnptlOn card for Tax Lot 200
Warranty Deed to Purcells dated May 12, 1965 and recorded at
ReceptIOn No 8710263, Reel 1449, Lane County Deeds and
Records
EXHIBIT D-2
Warranty Deed to Purcell L1vmg Trust dated May 1 I, 1998 and
recorded at Reception No 983477, Reel 2420, Lane County Deeds
and Records
EXHIBIT D-3
EXHIBIT E
EXHIBIT F
EXHIBIT G
PortIOns of the Purcell Llvmg Trust dated May I 1,1998
Research Request submitted to Lane County (P A 06-6939)
City of Sprmgfield Zone Map
OpmlOn of Value prepared by Certified Real Estate Broker, Michael
Miller dated November 16, 2006
PURCELL MEASURE 37 CLAIM
EXHIBIT LIST - PAGE I OF I
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M i c h a e IE, Far t h i n g -Date ReceIved 5',/t 1)0;
Attorney at Law Planner MM
Smeede Hotel BUlldmg
767 Wlllamette Street, SUIte 203
Eugene, Oregon 97401
Office (541) 485-1141 - Fax (541) 485-1174
emall - mefarthmg@yahoo com
May 16, 2007
Mark Metzger
PlannIng Supervisor
City of Spnngfield
225 Fifth Street
Spnngfield, OR 97477
Re Measure 37 Demand ApplIcatIOn # LRP2006-00032
WillIam and WIlma Purcell, Co-Trustees of the Purcell Llvmg Trust, Owncrs
Subject Property 1537 Hayden Bndge Road, Sprmgfield, OR 97477
Map No 17-03-25-22, Tax Lot 200
Dear Mark
ThiS office represents the WIllIam and Wilma Purcell, Trustees of the Purcell LIVIng
Trust, claimants for the above-referenced Measure 37 Claim I am enclosmg supplemental
mformatlOn that addresses the ongmal ZOl1lng and an evaluatIon of the Subject Property In more
detail
The Purcells acqUired the Subject Property on May 12, 1965 and later conveyed It to
themselves as trustees ot the Purcell LIVIng Trust on May II, 1998 The trust IS revocable and
Claimants are the sole trustees of the trust
The Subject Property was zoned by Lane County on October 25, and the Suburban
Dlstnct (RA) was applIed to the property A letter prepared by Lane County ASSOCiate Planner,
Thorn Lanfear, addresses the ongmal zonll1g and IS attached as Exhibit "A" The property was
subject to Lane County zomngJunsdlctIon untIl It was rezoned by the CIty ofSpnngfield under
the Urban fransltlOn Agreement m 1986 It IS currently zoned Low DenSity ReSIdential (LDR)
Under the current zonmg restnctlons, Claimants may subdiVide then 1 88 acre parcel mto
smaller lots but wIll have to dedicate a road as a conditIOn of approval I hiS Will slgl1lficantly
restnct the number of lots The surroundll1g area IS developed With subdiVIsions and contams
lots that measure 80' x 100' See Plat of RamblIng Acres, attached as Exhibit "B" and Plat of
Swank Estates, attached as Exhibit' Coo Claimants seek to develop their property ll1to four lots
conslstll1g of approxImately 0 5 acres each These lots would be more conslstcnt With lot sizes m
the area and would only be possible If the road dedicatIon IS not reqUired
Date Received 5,1t? It']
Planner MM
Mark Metzger
Planning SupervIsor, City of Spnngfield
May 16,2007
Page 2
In our ongInal claIm, we submitted an evaluatIOn letter dated November 16, 2006
prepared by MIke Mlllcr of Coldwcll Banker Mr MIllcr has prepared a supplemental report that
discusses the value of the Subject Property In more detaIl and uses comparable sales values to
support hIS assertIOn that thc Subject Property IS currently valued at $295,000 WIthout
regulatIOns and assuming ClaImants could subdIvIde theIr property as they could have In 1965,
Mr MIller values the property at $535,000 ClaImants declare a loss In compensatIOn In the
amount of $240,000 See Supplemental EvaluatIOn, attached as ExhIbit' D"
In addition to the enclosed matenals, we are also submItting a PrehmInary TItle Report,
prepared by Cascade Title dated Apnl 24, 2007 See ExhIbIt "E"
Please supplement our claIm with thiS informatIon If you have further questions or
comments, please call at your convemcnce
SInccrely,
~
MIchael E Farthing 0'
MEF/kt
Enclosure
cc Blil and Wlima Purcell (wi encl)
JIm McLaughlin (wi encl)
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Jate ReceIved
Planner MM
February 12, 2007
Mlchdel Farthmg
767 Wtllamette St SUIte 703
Eugene, OR 97477
LAND MANAGEMENT DIVISION
http /IwwwLaneCountyor9/PW_LMD/
Re Research Request P A 06-6939
1 have researched the avaIlable records to deterrmne the apphcable land use regulatIOns In
effect m 1965 WIth the following results
The subject property, Map ]7-05-25-22 #200, was unzoned untI] October 25, ]96] At
that tIme, OIdlnance ]48 was adopted whrch apphed the requIrements of the Suburban
Dlstnct (RA) to the property Thrs zorung was m effect dunng 1965
A copy of Ordmance 148 can be obtaIned at Lane Deeds & Records on COmmIssIOners
Reel 13, Page 2] 1
Please call1fI can be of further assIstance
~2/
Thorn Lanfear
ASSOCIate Planner
Land management DIVIsIOn
(54]) 682-4054
EXHIBIT A
Page I or l'
LAND MANAGEMENT DIVISION / PU8L1C WORKS DEPARTMENT /125 EAST 8TH AVENUE / EUGENE, OREGON 97401/ FAX 541/682 3947
BUILDING (541) 682-3823 / PLANNING (541) 682-3807 / SURVEYORS (541) 682-4195/ COMPLIANCE (541) 682 3807/ ON-SITE SEWAGE (541) 682 3754
030% Post-Consumer Content
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11' ~I Ordinance No, 148
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1lIIEIlEAS a majority of it; Illj1lentire lIl8IIIbership of the Lane County 'l<>l1Illng
ao...tsa:lon, att.er due PflIlt:i~ ~t notices and public hearing on Apn 1 25,
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:USS -pied.!. _lIT reeol.o" j,a devtioplllllnt patten> for the below described
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~ot 1Ihe 8cnrt,ell,- J?aci1fic Railroad in Section )0, 'l'wp, l7S, R21I,
1'.lJ", tI!IIIlte D01"th"'~ ~ e88torly along the weeterly right of way
lbIe ~ II8Id 1hIIdllng ~~eh of the Southern Pacific Railroad to
tIJe 8111R11 u...!f /IilOtjJ&nl~19, 'I'wp, 17S, R2W, W.N., thence east to
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tile lIO'dhe-.t comer o",lIe!'id Bection 19; thence .outh to the we.terly
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NOW ."""""u",," TIlE roARD rOP COUllTY COIlMISSIONERS OF LANE COUNTY
STATE OF ORl!XlON, roES ORb.lN AS POWlWS
1 a'
- - - - Land U"" !legal"ioft. sh'fl.l hereaftor be in full force and effect a.
il. "
.prescribed by Lane Count,. Zorli~ ani Land Use Ordinance No, 4 in t.he
1
follOll1ng area. 1- ~: [i
.. A AREAS ........". DESIGp'ml AS RA SUBUIlBAN DISTRICT
1,1 .
- __. 1. ~ at tb~, Mersection of the eaeterl,. right of uy
l1ne'~e 1ll'lInc1l or 'the _enI Parlfie Railroad
with a line para1le~ to ani Joo feet northerly from the centerline
of CoUDt;r Road No io9 in Section 15, Twp, 175, RJIi, Ii Ii' and
,
running thence e~rly parallel to and Joo feet. north of the
centerUne of CountyJ' ll'Oad No. 209 e di.tance of 2J40 feet plus
or m1n1l8 to the e~il of a 20-foot rolld1re;y north from t.he
inter.ection of Coun~""Roa<l No. 209 with Count,. Road No, 90;
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