HomeMy WebLinkAboutApplication APPLICANT 10/8/2013 City of Springfield SPRINGFIELD
Development Services Department
225 Fifth Street
Springfield, OR 97477
Land Division Tentative Plan
Partition, Subdivision
Application:TYPe 4 ft 44 �� ,.t' (App/!ca t• check
Partition Tentative Pre-Submittal: '4 Subdivision Tentative Pre-Submittal: ❑
Partition Tentative Submittal: ❑ Subdivision Tentative Submittal ❑
Regwred,Pro�eet Information';, i, ,3; ,°9; ;;d,u°, y h'`Ij';(App/icant complete`this section)'y
Applicant Name: MIKE . Phone: S4/- 724.- b34a
Company: Fax:
Address: 8& -5 MAtictAMy i-"! eyF/ELD 97it 76
Applicant's Rep.: AN-n-Ipt'iV Tpvie_e ft Phone: Tin- £2.?- 7648
Company:1+-E TavR.Eflu. (iR:ottP Fax:
Address: 3756 t'Jo Axe- b.((-/{7'J€. c77-lo:b
Property Owner: Mik- h- '�ryL`/ lAD`I `. K-F,Ld.'/ Phone: }(-72b-1jcn..
Company: Fax:
Address: 'bb`s=-5 MA.N0(,mt y P-Yn1i-7F,'(Lb 971?70
ASSESSOR'S MAP NO: 170 2 't. 3 TAX LOT NO(S): 5000
Property Address: L.br JM1 7 tic Mbk 'mnki(i t . J
Size of Property: U 7 Acres NI Square Feet ❑
Proposed Name of Subdivision:
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: OS-rt-if.Ni A Jr?G. A-c, E Lerr /147-la ;ruff, Lai t
Existing Use: \Ie?t p;Mr Lo-r
# of Lots/Parcels: 2-- 'Avg. Lot/Parcel Size: /0, 000 sf 'Density: -{ du/acre
Si.natures: Please sien and •rint our name and date in the a••ro•riate box on the next ease.
Req"uired Project Information, '. I'# (City,Intake Staff ecomplete;thrs section).;
Associated Applications: Signs:
Pre-Sub Case No.: r ggt 3-00O33? Date: I Dip/ Reviewed by: 1—° wll l(r-
Case No.: Date: Reviewed by:
2'1
Application Fee: $ 3c99 Technical e chnical Fee: $ -- Postage Fee:
TOTAL FEES: $ l (Q PRE-SUBMIT :�35a,F NUMBER: PR:5 I3'0L1Qa:7
.,.,.. ,a ,•r Y ..: , .: ».:wow 1�«
Revised 2/17/11 OCT - 8 20 3 1 of 10
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Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
Pre-Submittal
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
elines, information, requests and requirements conveyed to my representative.
Owner•
(\X Date: / 073//3
Signature /
Print
Submittal
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
Owner:
Date:
Signature
Print
PRE-SUBMITTAL RECD
OCT - 8 2013
Revised 2/17/11 2 of 10
• •
Land Division Tentative Submittal Requirements Checklist
NOTE:
• ALL of the following items MUST be submitted for BOTH Pre-Submittal and Submittal.
• If you feel an item on the list below does not apply to your specific application, please
state the reason why and attach the explanation to this form.
❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. Any applicable application, technology, and postage fees are collected at the
pre-submittal and submittal stages.
❑ Land Division Tentative Application Form
Narrative explaining the purpose of the proposed development, the existing use of the
property, and any additional information that may have a bearing in determining the
action to be taken.
® Copy of the Deed
® Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances.
®', Copy of the Land Division Plan Reduced to 81/2"x 11", which will be mailed as part of
J the required neighboring property notification packet.
P/A ❑ Right-of-Way Approach Permit Application provided where the property has frontage
on an Oregon Department of Transportation (ODOT) facility.
: Three (3) Copies of the Stormwater Management System Study with Completed
Storm water Scoping Sheet Attached - The plan, supporting calculations, and
documentation must be consistent with the Engineering Design Standards and Procedures
Manual.
/1t,4 ❑ Three (3) Copies of the Traffic Impact Study prepared by a Traffic Engineer in
// accordance with SDC 4.2-105 A.4. Traffic Impact Studies (TIS) allow the City to analyze
and evaluate the traffic impacts and mitigation of a development on the City's
transportation system. In general, a TIS must explain how the traffic from a given
development affects the transportation system in terms of safety, traffic operations,
access and mobility, and immediate and adjoining street systems. A TIS must also
address, if needed, City, metro plan and state land use and transportation policies and
objectives.
❑ Seven (7) Copies of the Following Plan Sets for Pre-Submittal OR
Three (3) Copies of the Following Plan Sets:
iSO All of the following plans must include the scale appropriate to the area involved
and sufficient to show detail of the plan and related data, north arrow, and date of
preparation.
All plan sets must be folded to 81/2" by 11" and bound by rubber bands.
a. Site Assessment of Existing.Conditions
J❑ Prepared by an Oregon licensed Landscape Architect or EngirE_SUBM1112A1. REC'D
I❑ Vicinity Map �cT 7013
Revised 2/17/11 4 of 10
• •
in The name, location, and dimensions of all existing site features including buildings,
curb cuts, trees, and impervious surface areas, clearly indicating what is remaining and
what is being removed. For existing structures to remain, also indicate present use
and required setbacks from proposed property lines.
in The name, location, dimensions, direction of flow and top of bank of all watercourses
and required riparian setback that are shown on the Water Quality Limited Watercourse
Map on file in the Development Services Department
13,7 ❑ The 100-year floodplain and floodway boundaries on the site, as specified in the latest
adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment
or Letter of Map Revision
4 [' The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the Wellhead
Protection Areas Map on file in the Development Services Department
❑ Physical features including, but not limited to trees 5" in diameter or greater when
measured 4 1/2 feet above the ground, significant clusters of trees and shrubs, riparian
areas, wetlands and rock outcroppings
In Soil types and water table information as mapped and specified in the Soils Survey of
Lane County. A Geotechnical Report prepared by an Engineer must be submitted
concurrently if the Soils Survey indicates the proposed development area has unstable
soils and/or a high water table
b. Land Division Tentative Plan
✓❑ Prepared by an Oregon licensed Land Surveyor
in City boundaries, the Urban Growth Boundary, and any special service district
boundaries or railroad right-of-way which cross or abut the proposed land division
✓ ❑ Location and width of all existing and proposed easements on and abutting the
- proposed land division
In Boundaries of entire area owned by the property owner, of which the proposed land
division is a part, as well as dimensions and size of each parcel and the approximate
dimensions of each building site indicating the top and toe of cut and fill slopes to scale
in Location and type of existing and proposed street lighting, including type, height, and
area of illumination
✓❑ Location, widths, conditions, and names of all existing and proposed streets, alleys,
dedications or other right-of-ways within or adjacent to the proposed land division.
Proposed streets should also include approximate radius of curves and grades and
relationship to any projected streets as shown on the Metro Plan, TransPlan,
Conceptual Development Plan, or Conceptual Local Street Map.
In Location of existing and required traffic control devices, fire hydrants, power poles,
transformers, neighborhood mailbox units and similar public facilities
/❑ Location and dimensions of existing and proposed driveways
✓ ❑ Location of existing and proposed transit facilities
in Location and width of all existing and proposed sidewalks, sidewalk ramps, pedestrian
access ways and bike trails
in Location, size and type of plantings and street trees in a'n"'RtEet 01Hi`1L' Er
OCT : S 2013
Revised 2/17/11 5 of 10
• •
in❑ Location and size of existing and proposed utilities on and adjacent to the site including
sanitary sewer mains, stormwater management systems, water mains, power, gas,
telephone, and cable TV. Indicate the proposed connection points
1 I The locations of all areas to be dedicated or reserved for public use, with the purpose,
condition or limitations of the reservations clearly indicated
❑ Future Development P/an where phasing or large lots/parcels are proposed as specified
in SDC 5.12-120 E.
c. Stormwater Management Plan
J ❑ Prepared by an Oregon licensed Civil Engineer
I❑ Planting plan prepared by an Oregon licensed Landscape Architect where plants are
proposed as part of the stormwater management system
in Roof drainage patterns and discharge locations
✓❑ Pervious and impervious area drainage patterns
./❑ The size and location of stormwater management systems components, including but
not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater
quality measures; and natural drainageways to be retained
In Existing and proposed spot elevations and contours lines drawn at 1 foot intervals (for
land with a slope over 10 percent, the contour lines may be at 5 foot intervals)
./❑ Amount of proposed cut and fill
❑ Additional Materials That May be Required
IT IS THE APPLICANT'S RESPONSIBILITY TO DETERMINE IF ADDITIONAL
STANDARDS/APPLICATIONS APPLY TO THE PROPOSED DEVELOPMENT. THE
APPLICANT SHOULD CONSIDER UTILIZING PRE-DEVELOPMENT MEETINGS AS
DISCUSSED IN SDC 5.1-120:
❑ Proposed deed restrictions and a draft of any Homeowner's Association Agreement
❑ Additional plans and documentation for submittal of a Cluster Subdivision proposal
as specified in SDC 3.2-230
❑ Riparian Area Protection Report for properties located within 150 feet of the top of
bank of any Water Quality Limited Watercourses (WQLW) or within 100 feet of the
top of bank of any direct tributaries of WQLW
❑ A Geotechnical Report prepared by an engineer must be submitted concurrently if
there are unstable soils and/or a high water table present
❑ Where the development area is within an overlay district, address the
additional standards of the overlay district
❑ If five or more trees are proposed to be removed, a Tree Felling Permit as specified
in SDC 5.19-100
❑ A wetland delineation approved by the Oregon Division of State Lands must be
submitted concurrently where there is a wetland on the property
❑ Any required federal or state permit must be submitted concurrently or evidence
the permit application has been submitted for review
❑ Where any grading, filling or excavating is proposed with-69tY3WIlWECOnd
and Drainage Alteration permit must be submitted prior to development
Z013
Revised 2/17/11 6 of 10
• 0
❑ Where applicable, any Discretionary Use or Variance as specified in SDC 5.9-100
and 5.21-100
❑ An Annexation application, as specified in SDC 5.7-100, where a development is
proposed outside of the city limits but within the City's urban service area and can
be served by sanitary sewer
❑ All public improvements proposed to be installed and to include the approximate
time of installation and method of financing
PRE-SUBMITTAL REC'D
OCT - S 2013
Revised 2/17/11 7 of 10
, ,_1• • • •
MOUNTAINGATE WEST LOT 47 TENTATIVE PARTITION MAP NARRATIVE
•
October 8, 2013
•
Assessor's Map: 17-02-34-33 Tax Lot 5000
Applicants: Michael A. Kelly and Judy J.Kelly
86965 Mahogany Lane •
-
Springfield, OR 97478
(541) 726-8397
Applicant's
Representative: The Favreau Group
3750 Norwich Ave.
Eugene, OR 97408
541-683-7048
Attn: Tony Favreau •
•
LAND USE REQUEST
The applicant proposes to divide the subject 20,657 square foot lot to create 2 lots. Each proposed lot will
have a minimum of 10,000 square feet. The proposed residential use and density (4.0 dwelling units/acre) are
consistent with the existing Low Density Residential(LDR) zoning'the City's standards for development in the
LDR zoning district, where a maximum of 10 dwelling units/acre is permitted and the Mountaingate Master
Plan of Development.
SITE AND SURROUNDING CHARACTERISTICS
The site is within an established Springfield residential neighborhood. The property currently has 52.38 feet of
frontage along Graystone Loop and also a 20 foot private access easement along the northwest property line.
•
•
5.12-125 Tentative Plan Criteria
The Director shall approve or approve with conditions a Tentative Plan application upon determining that all
applicable criteria have been satisfied. If conditions cannot be attached to ,satisfy the approval criteria, the
Director shall deny the application. In the case of Partitions that involve the donation of land to a public
agency, the Director may waive any approval criteria upon determining the particular criterion can he
addressed as part of a future development application.
A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions.
Response: The proposed lots meet the 4,500 sq. ft. minimum lot size and the 45 foot street frontage
requirements for the east-west streets established by SDC. The proposed lots also meet the 10,000 square foot
minimum lot size as required by the Mountaingate Master Plan of Development.
B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram,
Plan District map,and Conceptual Development Plan.
Response: The property is zoned Low Density Residential(LDR). PRE-SUBMITTAL REC'D•
OCT - 82013
•
C. Capacity requirements of public and private facilities, including but not limited to, water and
electricity;sanitary sewer and storm water management facilities;and streets and traffic safety controls shall
not be exceeded and the public improvements shall be available to serve the site at the time of development,
unless otherwise provided for by this Code and other applicable regulations. The Public Works Director or a
utility provider shall determine capacity issues.
Response: •
a. Water: The proposed development is within the Springfield city limits and will receive water
service from the Springfield Utility Board (SUB). Currently, there is an 8" water line in •
Graystone Loop that can service the site. There is also one water meter for the site on the
northerly corner.An additional water meter will be installed to service the newly created lot.
b. Wastewater: There is currently an existing 8"wastewater line in the private access and utility
easement that will provide service to both lots.
c. Storm Drain: There is currently an existing 30" line in the private access and utility easement
that will provide service to both lots.
d. Streets:No new streets are proposed. Access for Parcel I will take access from Graystone Loop.
Parcel 2 will take access from the private access easement along the northwest property line.
D. The proposed land division shall comply with all applicable public and private design and
construction standards contained in this Code and other applicable regulations.
Response: See Response to part C. The proposed partition is in conformance with the Covenants, Conditions,
and Restrictions.
E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic
conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses
shown on the WQLW Map and their associated riparian areas; other riparian areas and wetlands specified
in Section 4.3-117; rock outcroppings; open spaces; and areas of historic and/or archaeological
significance,as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall
be protected as specified in this Code or in State or Federal law.
Response: The Metro Area General Plan. Water Quality Limited Watercourse Map, State Designated Wetlands
Map, Hvdric Soils Map, Wellhead Protection Zone Map, FEMA Maps, and the list of Historic landmark sites
have been consulted and with the exception noted below, there are no features needing to he protected or
preserved on this.site. if any artifacts are found during construction, there are state laws that could apply;
ORS 97.740, ORS 358.905, ORS 390.235. If human remains are discovered during construction, it is a Class
"C"felony to proceed under ORS 97.740.
The site is relatively level and has utilities stubbed to the site. A new water, sanitary_ sewer, and store drain
stubs will he installed to Parcel 2.
F. Parking areas and ingress-egress points have been designed to:facilitate vehicular traffic, bicycle
and pedestrian safety to avoid congestion;provide connectivity within the development area and to adjacent
residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas;
PRE-SUBMITTAL RECD
OCT - 82013
•
minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations
and comply with the ODOT access management standards for State highways.
Response:No new streets are proposed.Parking will be available just north of the site on Graystone Lp.
G. Development of any remainder of the property under the same ownership can be accomplished as
specified in this Code.
Response: There is no other adjoining property under the same ownership that can be developed.
H. Adjacent land can be developed or is provided access that will allow its development as specified in
this Code.
•
Response: The adjacent land is fully developed, and cannot be further subdivided.
/. Where the Partition of property that is outside of the city limits but within the City's urbanizable
area and no concurrent annexation application is submitted, the standards specified below shall also apply.
•
Response: This does not apply. -
•
•
•
PRE-SUBMIiiAL REC'D
• OCT - 82013
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PRE-SUBMI1TAl RECD [OUNTAI%GATE, DR.
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OCT - 8 2013 HE FAVREAU GROUP — EXISTING CONDITIONS
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PRE-SUBMITTAL RECD � R. ; ' �N
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y THEFAVREAUGROUP _ PROPOSED PARTITION
CIVIL ENGINEERING LOT 47
R .o . y - -. MOUNTAINGATE WEST aboo- w
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REVISIONS P-P-P rIaJc 1COUNDI
Y(yypy) SPRINGFIELD
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PUBLIC WORKS DEPARTMENT/Engineering Division Phone: (541) 726-3753 Fax: (541) 736-1021
STORMWATER MANAGEMENT SYSTEM SCOPE OF WORK
----(Area below this line filled out Applicant)----
(Please return to Matt Stouder @ City of Springfield'Pulllic Wbrks'Engineering;.Fax# 736-1021;.Phone#736-1035.)
Project Name: )er '{7 MourrrPrrt 60-rf Wrs-r Applicant: MIKE ICELLy
Assessors Parcel #: 17-C2-34-3? -Satt> Date: ibi2i/�
Land UsL7(s): vbgcFrrJT Lor Phone#: 54/-726-$3'7
Project SizU (Acres): 0.-i7 Fax#:
Approx. Impervious Area: /0 000 S 1" Email: C.,i)YI.Su kg.flu <a art a kin
Project Description (Include a copy of Assessor's map):
R40-1'ert Is1" 217 &c.. Mb w+oiv,.t'#C v1m1.- lv+0 ftQb Jots AfvoXi,,4tl3 /cyob.s,F,
•-• a 10,300 SF, ivc e. rea• J
Drainage Proposal (Public connection(s), discharge location(s),etc. Attach additional sheet(s) if necessary:
Lo+s W111 V.St -1'k-t.- pre ed Ct hwec.+ior`5 !fDr 't-I.c exiZ'r en \ /b!". 7lna.ve. 'C
a. e.4tla}e c row'°�t cc,r ,Hid ir. -t kc tuvro'A- 3D" Stvvw - ■ na- ''-IA vu'S
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Proposed Stormwater Best Management Practices: T
(Area below this line filled outby.the:City and Returned to the Applicant) ---
(At a minimum, all boxes checked by the;City ondhe frontand'back of thissheet shall be submitted
for an application to be complete for submittal,althoughotherrequirements-may be.necessary.)
Drainage Study Type (EDSPM Section 4.03.2): (Note,UH may be substituted for Rational Method)
0 Small Site Study—(use Rational Method for calculations)
❑ Mid-Level Development Study—(use Unit Hydrograph Method for calculations)
❑ Full Drainage Development Study— (use Unit Hydrograph Method for calculations)
Environmental Considerations:
❑ Wellhead Zone: ❑ Hillside Development:
❑ Wetland/Riparian: ❑ Floodway/Floodplain:
❑ Soil Type: ❑ Other Jurisdictions:
Downstream Analysis:
❑ N/A
❑ Flow line for starting water surface elevation:
❑ Design HGL to use for starting water surface elevation:
❑ Manhole/Junction to take analysis to:
Return to Matt Stouder @ City of Springfield, email: mstouder a,ci.springfield.or.us, FAX: (541) 736-1021
PRE-SUBMITTAL REC'D
OCT - 8 2013
9 of 10
• Division of Deputy Clerk 2010 039208
MEM
Lane County DL�ds and Records
/ �, CASCADE E 111111111 11 11111111 1��11111111111111����1 $4z
01167004201000392080010014
TITLE NO. 0267510 RPR—DEED Cnt-1 Stn=6 CASHIER 04
03:52:29 P�
ESCROW NO. EU10-1663 $5.00 $11.00 $16.00 $10.00
TAX ACCT.NO. 1780756
MAP/TAX LOT NO. 17 02 34 33 5000
WARRANTY DEED - STATUTORY FORM
B&H DEVELOPMENTS INC.,an Oregon Corporation,Grantor,
conveys and warrants to
MICHAEL A.KELLY and JUDY J.KELLY,as tenants by the entirety,Grantee,
the following described real property free of encumbrances except as specifically set forth herein:
Lot 47,MOUNTAINGATE WEST,as platted and recorded November 9,2006,Reception No.2006-
080817,Lane County Deeds and Records,in Lane County,Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300, 195.301 AND 195305 TO 195.336 AND
SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,
OREGON LAWS 2009.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 THAT THE
UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN
ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,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 195.300,195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,AND SECTIONS 2 TO 9
AND 17,CHAPTER 855,OREGON LAWS 2009.
Except the following encumbrances:
2010-2011 Real Property Taxes a lien not yet due and payable.
The true consideration for this conveyance is $95,000.00 .
Dated this L day of , .70'0 PRE-SUBMITTAL RECD
B&H DEVELOPMENTS INC. OCT - S 2013
BY: uu•
RODD • EN,PRESIDE —•
•
0
• SAltii.l JAIL
BY: �� �� -,`� nn h dCLIC-OREGON
KEV' S. BUCK,SECRE ARY K CC O 423525
61Y GU:+.aizrr::::"SEa Jr1u1RY 7.2012
State of Oregon
County of LANE
This instrument was acicnowledged before me on ,2010 by RODD
HANSEN,PRESIDENT AND KEVIN S. BUCK,SECRETA Y of B&H DEVELOPMENTS INC.,on behalf of
the grantor.
--40.1740
otary Puri c-f. •regon) t. 7 '7 An
Via . 410 •
{ NS SI INF.
, TYPE IND IND CODE CODE CODE CODE. CODE CODE R°tccr—
501
ORDER NO. POLICY NUMBER DATE OF POLICY AMOUNT :REMI N
0267510 73306-81693378 AUGUST 09, 2010 at 3 :52 P.M. $95,000.00 $283.00
OWNERS POLICY IIIIfIIIIUII IIIBIIIII IEIfllIIIIIIII
SCHEDULE A
Order No. : 0267510 Policy No. : 73306-81693378
Amount of Insurance: $95, 000.00 Premium: $283 .00
Date of Policy: AUGUST 09, 2010 at 3 :52 P.M.
1 . Name of Insured:
MICHAEL A. KELLY AND JUDY J. KELLY
2 . The estate or interest in the land described or referred to in Schedule C and which
is covered by this policy is:
FEE SIMPLE
3 . Title to the estate or interest in the land referred to herein is at Date vested
in:
MICHAEL A. KELLY AND JUDY J. KELLY
as tenants by the entirety
4 . The land referred to in this Policy is described on the attached Schedule "C" and
made a part hereof.
PRE-SUBMITTAL REC'D
OCT - 8 2013
„„4 l? •z Order No. 0267510 •
• .� Policy No. 73306-81693378
SCHEDULE B
This policy does not insure against loss or damage (and the Company a_-_ not pay costs,
attorney's fees or expenses) which arise by reason of the following:
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.
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.
5 . 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.
6 . Taxes for the fiscal year 2010-2011, a lien not yet payable.
7 . Notice of Court Order and Final Judgment and Injunction Affecting Real Property,
including the terms and provisions thereof, recorded January 4, 1985, Reception No.
8500353, Lane County Official Records.
8. Notice of Real Property Subject to Master Plan Pursuant to Article 37 of the
Springfield Development Code, including the terms and provisions thereof, recorded
April 19, 1999, Reception No. 99035359, Lane County Official Records.
9. Easements, notes, conditions and restrictions shown, set forth, and/or delineated
on the recorded plat.
10 . Access Easement and Maintenance Agreement, including the terms and provisions
thereof, recorded November 9, 2006, Reception No. 2006-080818, Lane County Deeds
and Records.
11. Declaration of Covenants, Conditions, Restrictions and Easements for Mountaingate
West ("The Heights") , including the terms and provisions thereof (but omitting
covenants or restrictions, if any, based upon race, color, religion, sex, sexual
orientation, familial status, marital status, disability, handicap, national
origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by
applicable law) recorded June 22, 2007, Reception No. 2007-042497, Lane County
Deeds and Records.
12 . Resolution of the Heights Owners Association, including the terms and provisions
thereof, recorded October 20, 2009, Reception No. 2009-059191, Lane County Deeds
and Records.
PRE-SUBMITTAL REC'D
OCT - 8 2013
.:'id i kl'r j -
Order No. 0267510 •
• Policy No. 73306-81693378
S:atement of Association Information for The Heights Owners Association, '_nci
./ the terms and provisions thereof, recorded March 10, 2010, Reception No. 2010-
011741, Lane County Deeds and Records.
14 . Deed of Trust, including the terms and provisions thereof, executed by Michael A.
Kelly and Judy J. Kelly, to Cascade Title Company, Trustee, for the benefit of
Siuslaw Bank, Beneficiary, dated July 30, 2010, recorded August 9, 2010, Reception
No. 2010-039209, Lane County Deeds and Records, to secure payment of a note for
$95, 000 . 00 .
END OF SCHEDULE B
•
PRE-SUBMITTAL REC'D
OCT - 8 2013
f Order No. 0267510 •
Policy No. 73306-81693378
SCHEDULE "C"
The land referred to in the Policy is described as follows:
Lot 47, MOUNTAINGATE WEST, as platted and recorded November 9, 2006, Reception No.
2006-080817, Lane County Deeds and Records, in Lane County, Oregon.
PRE-SUBMITTAL RECD
OCT - 8 2013
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PRIOPERTY.ITHE COMPANY ASSUMES
NO LIABILITY FOR INACCURACIES. OCT -11'2013
•
•
Chicago Title Insurance Company
':11 —...—
./soLiCY NO.: 0R2026-47-0267510-2010.73306-81693378
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Chicago Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the
address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITION'S,
CHICAGO TITLE INSURANCE COMPANY.a Nebraska corporation(the "Company')insures,as of Date of Policy and,to the extent stated in Covered Risks 9
and 10. after Date of Policy,against loss or damage, not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of
I. Title being vested other than as stated in Schedule A. i
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(0 forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed.re corded,or indexed in the Public Records including failure to perform those acts by electronic means authorized br Imp. c
(vii) a defective judicial or administrative proceeding. .,.--:..x..e,,,,,,n:nhle.but unpaid.
(b) 77w lien of real estate taxes or assessments imposed on the Title by a go' ,__,., ,.
. (c) Any encroachment,encumbrance,violation,variation,or adverse circum:
the Land.The term"encroachment"includes encroachments of existing i ,
existing improvements located on adjoining land. KEEP THIS POLICY IN A SAFE PLACE
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any low. ordinance.permit. or governmen For faster service on future sales or loans on ur ro e
prohibiting,or relating to present this slip to your broker or loan company showing
(a) the occupant),use.or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on I
(c) the subdivision of land;or CASCADE TITLE CO.
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Record
enforcement referred to in that notice.
6 An enforcement action based on the exercise ofa governmental police power. Policy No. 0267510
Land,is recorded in the Public Records,but only to the extent of the enforce
7 The exercise of the rights of eminent domain fa notice of the exercise,desc
8. Any taking by a governmental body that has occurred and is binding on the
9. Title being vested other than as stated Schedule A or being defecttve We appreciate your business and will continue giving you
(a) as a result of the avoidance in whole or in part or from a court order possible.
the Land occurring prior to the transaction vesting Title as shown in S the best service p
federal bankruptcy,state insolvency.or similar creditors'rights laws
(b) because the instrument of transfer vesting Title as shown in Schedule CASCADE TITLE CO.
creditors'rights laws by reason of the failure of its recording in the f
(i) to be timely,or 811 Willamette Street
(ii) to impart notice of its existence to a purchaser for value or to a 811 Willamette
Oregon Street
10. Any defect in or lien or encumbrance on the Title or other matter included it
the Public Records subsequent to Date of Policy and prior to the recording Phone (541)687-2233
Schedule A.
The Company will also pay the costs,attorneys fees,and expenses incurred i
ST-101,Rev.5,01
in the Conditions.
IN WITNESS WHERE t• , CHICAGO TITLE INS NCE COMPANY has caused this policy to be signed and sealed by its duly authortzeavp,,-- .
CHICAGO TITLE INSURANCE. COMPANY
Countersigned: n.. ��
Authorized Signatory �...y4
_. �ji-f,/ itlpu■ L--
. • t. .
1 , ATTEST ••...
OR2026 0267510 1
Cascade Title Company PRE-SUBMITTAL REC'D
•• °i
811 Willamette Street
Eugene,OR 97401-3189
���� ./_ -- '°-„
Tel:(541)687-2233 OCT - 8 2013
Fax:(541)485-0307 ALTA Owner's Policy(6.17106)
72306(6/06)