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<br />8. 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 />9. Lots 1, 2, 3, 5, 11 and 12 were not acquired before Eugene’s current Land Use Code,
<br />Chapter 9 of the Eugene Code, became effective on August 1, 2001,
<br />
<br />10. 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, owns a controlling interest in both Frontier
<br />and LPI.
<br />
<br />11. On April 13, 2005, King transferred lots 1, 2, 3, 5, 11 and (a portion of) 12 to LPI.
<br />
<br />12. On October 19, 2005, LPI filed this Measure 37 claim.
<br />
<br />13. King and Demers have been working together since at least 1997 to develop the property
<br />that is the subject of this Measure 37 claim.
<br />
<br />14. Based on the foregoing facts, it appears that the transfers from King to LPI on April 13,
<br />2005 were made so that LPI could bring this Measure 37 claim, and to support an argument that
<br />LPI owned the property prior to the enactment of Measure 37.
<br />
<br />15. Consequently, the City rejects LPI’s assertion that the acquisition date for lots 1, 2, 3, 5,
<br />11 and (a portion of) 12 should be the first date of acquisition.
<br />
<br />16. The correct date of acquisition for lots 1, 2, 3, 5, 11 and (a portion of 12) is April 13,
<br />2005, and the correct acquisition date for (the other portion of) lot 12 is February 26, 2006.
<br />These dates are after the effective date of the City’s Land Use Code, August 1, 2001.
<br />
<br />17. The City has not applied or enforced any of the provisions of Chapter 9 or the Metro Plan
<br />with respect to LPI’s property since the passage of Measure 37.
<br />
<br />18. In 1997 LPI applied for and was granted (in 1998) a subdivision approval for the property
<br />that is the subject of this claim. The tentative plan approval (and ultimately final plat) was
<br />consistent with LPIs subdivision application. LPI’s application limited the uses to which it
<br />=
<br />would put the property in the future to those allowed in an I-3 zone. LPIs application further
<br />=
<br />stated that, although the I-3 zone allowed uses permissible in both the I-2 and I-1 zones, it was
<br />not going to put the land to any of the uses allowed in the I-1 zone. LPI has restricted itself from
<br />using the property in a manner contrary to the subdivision approval.
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