HomeMy WebLinkAboutApplication APPLICANT 2/19/2010
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City of Springfield
.Development Services Department
225 Fifth Street
Springfield, OR 97477
Zoning Map Amendment, Type III
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Fax:
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973,3>0
Applicant Name:
Company:
Address:
Applicant Signature:
Property Owner:
Company:
Address: 3J~d ~AhJbU
Owner Signature:
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JAneL ~ /Jel/~Jtle,.r Phone: / 7$"7 770 II
Fax:
I.sl4nd Rol Cori/4JIt's Of? "7336
If the applicant-is' other than'the owner, the owner hereby grants permission for the applicant to, act in his or her behalf
. mAp 11' 17-1)2. -3/-00 .. /Ob~ /10'- //0/ ..
ASSESSOR'S MAP NO: h1<l.. tf 17- OJ. - &/- ~<:\ TAX LOT NO(S): >."" 0
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Property Address: qqS N, 2i~ .s. yi '121'" 61: '17<17
Area of Request S uare Feet: 1/ 0 ~,,~ . 1../ Acres: ~,$" (j
Existing Use(s)
of Property: Su.J. 'ee.!' Pro
1\5 V4uo,f and C3UYY('nf}
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no+ /11 use,
Description of
The Proposal:
rh~ m-e+ro Plan
~~q'Ui~~d'~~6pertY Ihfo~ii1atj6n (city tnt;'lje Staff: com~/ete this section)
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Case No.:
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'2Ulo - 001::>83 Date: .<.. ~ u (initials)
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Postage Fee:.
Total Fee: --l!" ."
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Application Fe~: ~
Edited 7/] 9/2007 bjoncs
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Date Received:
FEB 1 9 2010
Original Sl,Jbmlttal
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945 28th Street
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Date Received:
FEB 1 9 2010
Original Submittal
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Findings
This property will be able to get a city sponsored zoning change. .In 1986, the
City adopted the Metro Plan, which designated the property on 945 N. 28 Street
as Heavy Industrial. At that time, the neighbor's properties zoning designations
were changed.
It is one of the Planners, opinion that the paperwork for the property at 945 N.
28th Street was just missed.
The current zoning designation for 945 N. 28 Street is Light Industrial. We are
asking for the zone change to Heavy Industrial so that the property is in sync with
the Metro Plan Designation.
Date Received:
FEB 19 2010
Original Submittal
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RETURN TO CASCADE TITLE CO.
Division of C"'f Deputy Clerk
Lane County Deeds and Records
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After Recording Return To:
Douglas R. Schultz
PO Box 1147
Eugene, OR 97440
Send Tax Statements To:
Brownfields Land & Development, LLC
2851 NW 9th Street, Suite D
Corvallis, OR 97330
1111111111111111111111111111111111111111111111111 $36,00
01069393200900230090030038 04/30/2009 08: 42: 17 AM
RPR-DEED Cnt=l Sln=6 CASHIER 07
$15.00 $11.00 $10.00
SHERIFF'S DEED ON EXECUTION OF FORECLOSURE
This Indenture, made this 281h day of April, 2009, between Russel E. Burger (Grantor), as
Sheriff of Lane County, State of Oregon, the party of the first part, and BROWNFIELDS LAND AND
DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY (Grantee), the party of the second
part,
,
Witnesseth, that whereas, by virtue of a Writ of Execution duly issued out of and under the seal
of the Circuit Court of the State of Oregon, for Lane County, dated the 9th day of September, 2008, upon
a judgment of foreclosure duly made and rendered in the said Court on the 21st day of August, 2008, in a
suit for the foreclosure of a Mortgage or a Judicial Trust Deed in which BROWNFIELDS LAND AND
DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY, was plaintiff and WALT'S
CONCRETE CO., AN OREGON CORPORATION; STATE OF OREGON, EMPLOYMENT
DEPARTMENT; UNITED STATES OF AMERICA; BERRY-HINCKLEY INDUSTRIES, A NEVADA
CORPORATION; PAPE' BROS, INC.; AN OREGON CORPORATION; WESTERN STATES
EQUIPMENT COMPANY, AN IDAHO CORPORATION; COMMERCIAL RECOVERY, INC, AN
OREGON CORPORATION; FORD MOTOR CREDIT COMPANY, A DELAWARE CORPORATION;
BERKLEY RISK ADMINISTRATORS COMPANY, LLC, A SOUTH DAKOTA CORPORATION; STATE OF
OREGON, BUREAU OF LABOR AND INDUSTRIES; GRESHAM TRANSFER, INC., AN OREGON
CORPORATION; STATE OF OREGON, DEPARTMENT OF CONSUMER AND BUSINESS SERVICES;
AND DOES 1-4 were defendants, to the Sheriff of said County directed and delivered, commanding him
to make sale of the real property hereinafter described and conveyed, and in said judgment and
execution specified.
And Whereas, in obedience to said command, and under and by virtue of said Writ of
Execution, the said Sheriff did levy, seize, and take all the lands, tenements and real estate which the
said defendant(s), the judgment debtor(s), (or any of them), had in and to the said premises hereinafter
particularly set forth, described and conveyed, with the appurtenances, and did on the 29th day of October
2008, sell all the right, title, interest and claim of the said defendant(s) in said suit and to the said
premises, at public oral auction, at the Lane County Sheriffs Office reception area of the Lane County
Courthouse, Eugene, Oregon, between the hours of nine in the morning and four in the afternoon of that
day, namely, at 11 :00 o'clock a.m., after having first given due notice of the time and place of said sale
according to law, to wit: By publishing a printed notice, particularly describing the property and that it was
subject to redemption, once a week for four successive weeks, making four publishing's in all, with the
last publication at least one week prior to the day of sale, in the Register Guard, a newspaper of general
circulation printed and published in Lane County, Oregon, and by sending forthwith prior to the making of
the first of such publishing's, a copy of such notice by certified mail return receipt requested to each of the
judgment debtor(s) at his/her last-known post-office address or place of residence, and, if applicable, to
all other parties as specified by the judgment creditor in the sheriffs instructions by first class mail at the
address listed in said instructions, at which sale all of the right, title, interest and claim of the said
defendant(s) (or any of them) in and to the said premises, were struck off and sold to BROWNFIELDS
LAND AND DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY, for the sum of
$2,838,119.86 being the highest bidder and that being the highest sum bid therefore by the Plaintiff as
credit upon the judgment.
Date Received:
FEB 19 2010
1
Original submittal
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And Whereas, the said Sheriff, after receiving from the said purchaser the sum of money so bid
as aforesaid, gave to the said purchaser such certificate of sale as is by law directed to be given, and the
matters contained in such certificate were substantially stated in' said Sheriffs return of his proceedings
upon said Writ of Execution to the court administrator of the Circuit Court of Lane County, State of
Oregon.
And Whereas, the court confirmed said sale by order, and the time having expired as required
by statute without any redemption of the said premises having been made,
Now, Therefore, This Indenture Witnesseth: That I, Russel E. Burger, Sheriff of said Lane
County, by virtue of said Writ of Execution and in pursuance of the statute in such cases made and
provided for, and in consideration of the said sum of money in hand paid by the party of the second part,
the receipt whereof is hereby acknowledged, have granted, bargained, sold, conveyed and confirmed,
and by these present do grant, bargain, sell, convey and confirm unto the said party of the second part,
and to their successors, heirs and assigns forever, all the right, title, interest and claim which the said
defendant(s) in said suit (or any of them) had on the 21st day of February, 2002, or at anytime afterwards,
or now have in or to all these certain lots, pieces or parcels of land, situated, lying and being in the said
Lane County, State of Oregon, and more particularly described as follows, to wit:
PARCEL 1
Beginning at a point 2730.4 feet North of the intersection of the West line of the J.C. Carter
Donation Land Claim No. 58, in Township 17 South, Range 2 West of the Willamette Meridian,
with center of the McKenzie Highway; thence East 340.0 feet to the railroad right of way; thence
North 128.1 feet; thence West 340 feet to the County Road, known as the Emery Road; thence
South 128.1 feet to the place of beginning, in Lane County, Oregon.
EXCEPT THEREFROM the East 86.0 feet.
PARCEL 2
Beginning at a point in the West line of the J.C. Carter Donation Land Claim No. 58, 2858.5 feet
North of the intersection of said West line, if extended, with the centerline of tlie McKenzie
Highway; thence North 00 05' East 128.1 feet; thence South 8go 44' East 274.0 feet; thence
South 00 05' West 83.1 feet; thence Southwesterly to a point 254.0 feet South 8go 44' East of
the place of beginning; thence North 89044' West, 254.0 feet to the place of beginning, in Lane
County, Oregon.
PARCEL 3
Beginning at a point 2670.4 feet North of the intersection of the West line of the J.C. Carter
Donation Land Claim No. 58, Township 17 South, Range 2 West of the Willamette Meridian with
the center line of McKenzie Highway; run thence East 150.0 feet; thence North 60.0 feet; thence
West 150.0 feet; thence South 60.0 feet to the point of beginning, in Springfield, Lane County,
Oregon.
EXCEPT that portion described in ~hat deed to the City of Springfield, recorded January 7, 1975,
as Reception No. 7500678, Lane County Official Records.
PARCEL 4
Beginning at a point 2602.3 feet North of the intersection of the West line of J.C. Carter
Donation Land Claim No. 58, Township 17 South, Range 2 West of the Willamette Meridian,
with the center line of McKenzie Highway; running thence East 340 feet; thence North 128.2
feet; thence West 340 feet; and thence South 128.1 feet to the point of beginning, in Lane
County, Oregon.
Date Received:
2
FEB I 9 2010
Original Submittal
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EXCEPTING THEREFROM beginning at a point 2670.4 feet North of the intersection of the
West line of the J.C. Carter Donation Land Claim No. 58, Township 17 South, Range 2 West of
the Willamette Meridian with the center line of McKenzie Highway; run thence East 150.00 feet;
thence North 60.00 feet; thence West 150.00 feet; thence South 60.00 feet to the point of
beginning, in Springfield, Lane County, Oregon.
ALSO EXCEPT that portion described in that deed to the City of Springfield, recorded January
7,1975 as Reception No. 7500678, Lane County Official Records.
COMMONLY KNOWN AS: 945 North 28th Street, Springfield, OR, 97477
Together with all the singular tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining. This instrument does not guarantee that any particular use may be made of the
property described in this instrument. A buyer should check with the appropriate city or county pianning
department to verify approved uses.
To Have and To Hold the same premises, with the appurtenances, unto the said party of the
second part, their successors, heirs and assigns forever, free from all claim thereon upon the part of said
defendant(s) (or any of them), and as fully and absolutely as by iaw the party of the second part can or
ought to have or to hold the same hereunder.
In Witness Whereof, I, the said Sheriff, have hereunto set my hand and seal the day and year
first above written.
DATED this 28'h day of April, 2009
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, 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, ORS
197.352.
Russel E. Burger,
Sheriff of Lane County,
State of Oregon
~~~
By: DOUQ Osborne, Deputy
Date Received:
STATE OF OREGON
Lane County
FEB I 9 2010
Original Submittal
This instrument was acknowledged before me by DOUQ Osborne, as a duly appointed and commissioned
deputy of ssel E. B~rge , the Sheriff of Lane County, Oregon.
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ss. April 28, 2009
Before me:
(Notary Public fO~
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OFFICIAl SEAL
TERI LOPEZ
NOrMY PlJBUC.OREGON
COMMISSION NO. 403815
MY COMMISSION EXPIRES MARCil 20. 2010
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CERTIFICATE OF SALE OF REAL PROPERTY
THIS IS TO CERTIFY, that by virtue of a Writ of Execution in Foreclosure issued out of the
Circuit Court of the State of Oregon for the County of LANE, Case No. 16-08-04174, to
me directed, said Writ dated the 9TH day of SEPTEMBER, 2008, upon a judgment
recovered in the said Court on the 21 ST day of AUGUST, 2008, in favor of BROWNFIELDS
LAND AND DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY, plaintiff
and against WALT'S CONCRETE CO., AN OREGON CORPORATION; STATE OF OREGON,
EMPLOYMENT DEPARTMENT; UNITED STATES OF AMERICA; BERRY-HINCKLEY
INDUSTRIES, A NEVADA CORPORATION; PAPE' BROS., INC.; AN OREGON
CORPORATION; WESTERN STATES EQUIPMENT COMPANY, AN IDAHO CORPORATION;
COMMERCIAL RECOVERY, INC., AN OREGON CORPORATION; FORD MOTOR CREDIT
COMPANY, A DELAWARE CORPORATION; BERKLEY RISK ADMINISTRATORS COMPANY,
LLC, A SOUTH DAKOTA CORPORATION; STATE OF OREGON, BUREAU OF LABOR AND
INDUSTRIES; GRESHAM TRANSFER, INC., AN OREGON CORPORATION; STATE OF
OREGON, DEPARTMENT OF CONSUMER AND BUSINESS SERVICES; AND DOES 1-4
defendants, on the 12TH day of SEPTEMBER, 2008, I levied on the following described real
estate lying and being in LANE County, State of Oregon, to-wit:
PARCEL 1
Beginning at a point 2730.4 feet North of the intersection of the West line of the J.C.
Carter Donation Land Claim No. 58, in Township 17 South, Range 2 West of the
Willamette Meridian, with center of the McKenzie Highway; thence East 340.0 feet to the
railroad right of way; thence North 128.1 feet; thence West 340 feet to the County Road,
known as the Emery Road; thence South 128.1 feet to the place of beginning, in Lane
County, Oregon.
EXCEPT THEREFROM the East 86.0 feet.
PARCEL 2
Beginning at a point in the West line of the J.C. Carter Donation Land~Claim No. 58,
2858.5 feet North of the intersection of said West line, if extended, with the centerline of
the McKenzie Highway; thence North 00 05' East 128.1 feet; thence South 890 44' East
274.0 feet; thence South 00 05' West 83.1 feet; thence Southwesterly to a point 254.0
feet South 890 44'East of the place of beginning; thence North 890 44' West, 254.0
feet to the place of beginning, in Lane County, Oregon.
PARCEL 3
Beginning at a point 2670.4 feet North of the intersection of the West line of the J,C.
Carter Donation Land Claim No. 58, Township 17 South, Range 2 West of the Willamette
Meridian with the center line of McKenzie Highway; run thence East 150.0 feet; thence
Date Received:
1
FES l' 9 2010
Original Submittal
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North 60.0 feet; thence West 150.0 feet; thence South 60.0 feet to the point of
beginning, in Springfield, Lane County, Oregon.
EXCEPT that portion described in that deed to the City of Springfield, r"ecorded January 7,
1975, as Reception No. 7500678, Lane County Official Records.
PARCEL 4
Beginning at a point 2602.3 feet North of the intersection of the West line of J.C. Carter
Donation Land Claim" No. 58, Township 17 South, Range 2 West of the Willamette
Meridian, with the center line of McKenzie Highway; running thence East 340 feet; thence
North 128.2 feet; thence West 340 feet; and thence South 128.1 feet to the point of
beginning, in Lane County, Oregon.
EXCEPTING THEREFROM beginning at a point 2670.4 feet North of the intersection of the
West line of the J.C. Carter Donation Land Claim No. 58, Township 17 South, Range 2
West of the Willamette Meridian with the center line of McKenzie Highway; run thence
East 150.00 feet; thence North 60.00 feet; thence West 150.00 feet; thence South 60.00
feet to the point of beginning, in Springfield, Lane County, Oregon.
ALSO EXCEPT that portion described in that deed to the City of Springfield, recorded
January 7, 1975 as Reception No. 7500678, Lane County Official Records.
COMMONLY KNOWN AS: 945 North 28th Street, Springfield, OR, 97477
After giving due notice of the sale of the described real estate as required by law, by
publishing printed notices of the time and place of the sale thereof in the REGISTER
GUARD, a newspaper of general circulation published in Lane County, Oregon, once a
week for four successive weeks, making four publishing's in all (with the last publication of
said notice being at least one week prior to the day of sale) and by sending forthwith upon
the making of the first of such publishing a copy of such notice by first class and certified
mail, return receipt requested, to the judgment debtor(s) at his/her last known post office
address or place of residence, and by first class mail to any attorney thereof for the
judgment debtor if such information was provided by the judgment creditor, and by mailing
a copy by first class mail to any other person listed in the instructions pursuant to ORS
18.918 at the address provided in those instructions, and, by posting a copy of the notice
of sale in a conspicuous place on the property to be sold if a street address was provided
by the judgment creditor, by all of which said notices and publications said premises were
particularly described and advertised to be sold, subject to redemption, at public oral
auction at Lane County Sheriff's Office reception area of the Lane County Courthouse, in
the City of Eugene, Oregon, to the highest bidder therefore, on the 29TH day of OCTOBER,
2008, at the hour of 11 :00 o'clock a.m., I attended at said time and place and then and
there at pubiic oral auction sold the real property above described, subject to redemption,
to BROWN FIELDS LAND AND DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY
COMPANY, PLAINTIFF, for the sum of $2,838,119.86 dollars, he/she being the highest
bidder, that being the highest and best sum bidden therefore and that being the whole
price paid for said real estate by the Plaintiff as credit upon the judgment.
Date Received
2
FEB 19 2010
.original SubmitttL__
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That said sale will become absolute, and the said purchaser will be entitled to a
conveyance of the said described real estate from me or my successor as Sheriff upon the
surrender of this certificate, at the expiration of the statutory period of redemption, unless
the said property shall be sooner redeemed according to law.
Dated this 29th day of October, 2008.
BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S
RIGHTS, IF ANY, 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
SUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930 AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING
PROPERTY OWNERS, IF ANY, ORS 197.352.
STATE OF OREGON I
Lane County
RUSSEL E. BURGER
Sheriff of Lane County
State of Oregon
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By: DOU SBORNE, Deputy
This instrument was acknowledged before me by Doug Osborne, as a duly appointed and
commissioned deputy of Russel E. Burger, the Sheriff of Lane County, Oregon on 29th day
of October, 2008.
. OFFlCIALSEAL
TERI LOPEZ
, .: NOTARY PUBUC-OREGON
COMMISSION NO. 403815
MY COMMISSION EXPIRES MARCH 20. 2010
3
Date Received:
FEB 1 9 2010
Original submittal
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Church Lot
Tax lot lines (approximate)
Fence lines (approximate)
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Date Received:
FEB. 1 9 2010
Original Submittal
Brownfields Land &
Development LLC
Site Drawing
Former Walt's Concrete Site
Springfield, OR
2851 NW9th Street
Corvallis. Oregon 97330
541-757-7700
PROJECT NO
BY.
DATE
CHECKED BY:
FebnJary19,2010
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