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<br />On June 12, 2006, the Eugene City Council (Council) conducted a hearing on Lane
<br />Plywood’s claim. Claimant appeared before the Council through its attorney, Donald Joe Willis.
<br />The Council considered the comments and arguments made by claimant. The Council has also
<br />considered the claimant’s claim and amended claim and other documents submitted to the
<br />Council for its consideration, including but not limited to the June 12, 2006, letter from LPI’s
<br />attorney Donald Joe Willis (June 12, 2006 Willis letter) and an April 8, 2006 letter (with
<br />attachments) from Joseph S. Schaefer.
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<br />Based on the foregoing documents, testimony, and arguments, the City Council makes
<br />the following Findings of Fact, Opinion and Conclusions of Law, and approves a waiver of those
<br />regulations that meet Measure 37’s requirements.
<br />
<br />FINDINGS OF FACT
<br />
<br />1. LPI has asserted claims on 25 parcels of land (lots) within the Pioneer Resources
<br />Business Park in the City of Eugene. These lots consist of two categories: (1) lots owned
<br />continuously by LPI since at least 1980; and (2) lots previously owned and sold by LPI, and then
<br />reacquired in 2005.
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<br />2. Lots 9, 15-24 and 26-33 have been continuously owned by LPI since various dates
<br />between 1964 and 1980 and the present.
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<br />3. Lots 1, 2, 3, 5 and 12 were first acquired by LPI between 1956 and 1972. LPI owned
<br />these properties continuously until, on March 19, 2002, LPI transferred all of these properties to
<br />the Edward J. King, Jr., Trust.
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<br />4. LPI first acquired Lot 11 in 1964. That lot was transferred to and held by Frontier Real
<br />Estate Holdings, Inc., for nine days in May of 2001, before being transferred back to LPI.
<br />
<br />5. Lots 1, 2, 3, 5 and 11 were then transferred by Edward J. King, Jr. Trust to EJK
<br />Investments, LLC, on December 18, 2002. LPI reacquired lots 1, 2, 3, 5, 11 and (a portion of lot
<br />12) on April 13, 2005.
<br />
<br />6. Lot 12 also contains deeds to and from William S. Anderson, Trustee, and Ander
<br />Properties, LLC, associated with a lease and option on the property dated October 2, 2002. LPI
<br />did not provide the lease and option document(s). LPI ultimately reacquired complete title to lot
<br />12 on February 16, 2006.
<br />
<br />7. On January 14, 2005, Edward J. King, Jr. Trust (King) and Frontier Resources, LLC
<br />(Frontier), executed a document entitled “Memorialization of Loan Agreement.” That document
<br />states that King and Frontier verbally agreed that the March 19, 2002 conveyances of lots 1
<br />through 3, and 10 through 12 from LPI to King were intended only for the purposes of securing a
<br />portion of a loan made by King to Frontier. (Lot 5 was not included in the Memorialization of
<br />Loan Agreement.) The same person, Greg Demers (Demers), owns a controlling interest in both
<br />Frontier and LPI.
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