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Home My WebLink AboutNotice PLANNER 5/22/2008 , ~tU./ , STATE OF OREGON AFFIDAVIT OF SERVICE Date Received' ...E./2l!D6 Planner. MEM County of Lane } }ss. } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows 1 I state that I am a Secretary for the Planning DIvIsion of the Development Services Department, City of Springfield, Oregon 2 I state that In my capacity as Secretary, I prepared and caused to be mailed copies of DLCD Notice of Adoption for ZON2008-00013 (See attachment "An) on May 22, 2008 addressed to (see Attachment "Bn), by causing said letters to be placed In a U S mall box With postage fUlly prepaid thereon Brenda Jones U Planning Secretary STATE OF OREGON, County of Lane '-7Y7ttW J):;L , 2008 Personally appeared the above named Brenda Jones, Secret<iJY, who acknowledged the foregoing Instrument to be their voluntary act Before me . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO 420351 MY COMMISSION EXPIRESAUG 15,2011 ~~~ My COmmiSSiOn Expires <6/rs;// I , . DLCD Notice of Adoption TillS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197 610, OAR CHAPTER 660 - DIVISION 18 ./ 0 In person 0 electrOnIC 0 maIled -0' --, '" ,lZ~ 1 ='-t, v irr~ bs ~~' ~ ?!' ~ , ~3 - ~ A~' T. . ":0( , t ~'. 52 p Junsdlctlon City of Springfield Local file number ZON2008-00013 Date of Adoption 5/20/2008 Date Mailed 5/21/2008 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes Date 3/20/2008 o ComprehenSive Plan Text Amendment 0 ComprehenSive Plan Map Amendment o Land Use Regulation Amendment [Z] Zoning Map Amendment o New Land Use Regulation 0 Other Summanze the adopted amendment Do not use technical terms Do not wnte "See Attached" The appltcant proposed correctmg the plan/zone confltct that eXIsted on the subJect property, located WIthIn the CIty Irmlts The property was zoned Low DenSIty ResIdentIal (LDR) but IS deSIgnated MedIum DenSIty ResIdentIal (MDR) on the Eugene-Spnngfield Metro Area General Plan DIagram The zonmg map amendment has made the CIty ofSpnngfield Zonmg Map consIstent WIth the Eugene-Spnngfield Metro Area General Plan DIagram Does the Adoption differ from proposal? No, no explalnatlon IS necessary Plan Map Changed from to Zone Map Changed from Low DenSity Residential to Location 859 West M Street Specify DenSity PrevIous 1-10 du/acre Applicable statewide planning goals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~DDDDDDD~DDDDDDDDD Medium Density Residential Acres Involved 0 New 11-20 du/acre Was an Exception Adopted? 0 YES [Z] NO Old DLCD receive a Notice of Proposed Amendment 45-days pnor to first eVidentiary heanng? If no, do the statewide planning goals apply? [Z] Yes DYes ONo ONo If no, did Emergency Circumstances require Immediate adoption? DYes D No OLeo file No. Please list all affected State or Federal Agencies, Local Governments or Special Dlstncts CIty ofSpnngfield Local Contact Molly Markarian Address 225 FIfth Street City Spnngfield Zip 97477- Phone (541) 726-4611 Extension Fax Number 541-726-3689 E-mail Addressmmarkarian@cI.sprmgfield.or.us ADOPTION SUBMITTAL REQUIREMENTS Tlus form must be maIled to DLCD withm 5 workin" days after the final decISIon per ORS 197610, OAR Chapter 660 - DlVlslOn 18 I Send thIS Form and TWO Comnlete Comes (documents and mans) of the Adonted Amendment to ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2 Electrornc SubmIttals At least one hard copy must be sent by maIl or m person, but you may also submIt an electrornc copy, by eIther emaIl or FTP You may connect to tins address to FTPproposals and adoptIOns webserver.Icd.state.or.us To obtarn our Usemame and password for FTP, call Mara Ulloa at 503-373-0050 extenSIOn 238, or by emaIlmgmara.ulloa@state.or.us 3 Please Note Adopted matenals must be sent to DLCD not later than FIVE (5) working days follOWIng the date of the fmal deCISIOn on the amendment 4 SubmIttal of tins NotIce of AdoptIOn must mclude the text of the amendment plus adopted fmdmgs and supplementary InformatIOn 5 The deadlme to appeal WIll not be extended If you submIt tins nottce of adoptIOn WIthIn five workrng days of the final deCISIOn Appeals to LUBA may be filed WIthIn TWENTY-ONE (21) days of the date, the Nottce of Adoptton IS sent to DLCD 6 In addltton to sendmg the Nottce of AdoptIOn to DLCD, you must nottfy persons who partIcIpated m the local heanng and requested nottce of the final deCISIOn 7 Need More CopIes? You can now access these forms orume at http://www.lcd.state.or.us/Please pnnt on 8-1I2xll !!reen naner onlv You may also call the DLCD Office at (503) 373-0050, or Fax your request to (503) 378-5518, or EmaIl yourrequesttomara.ulloa@state.or.us - ATTENTION PLAN AMENDMENT SPECIALIST http //www Icd state or us/LCD/forms shtml Updated November 27, 2006 :CIty of Spnngfield Development Services Department 225 Fifth Street Spnngfield, OR 97477 ZONING MAP AMENDMENT Planning Commission Decision Date of Notice May 21, 2008 Date of DeCISIon' May 20, 2008 Case Number ZON2008-00013 Applicant" Larry Burr Property Location. 859 West M Street, 1391 & 1395 Rainbow Dnve Map 17-03-27-43, Tax Lot 3001 NATURE OF THE APPLICATION The applIcant requested a City-sponsored zOning map amendment to change the zOning for the subject property from Low Density Residential (LDR) to Medium Density ResidentIal (MDR) to conform to the Metro Plan designation for the property of MDR Approval of the applIcation has corrected the plan/zone conflict for thIs property DECISION The application was submitted and reviewed In accordance WIth the Spnngfield Development Code (SDC) The Planning Commission held a publIc heanng for the Zoning Map Amendment request on May 20, 2008 The Development Services Department staff report, Including cntena of approval, findings, and recommendations, together with oral and wntten teslimony submitted, was considered and IS part of the record The Planning Commission voted seven In favor, zero against, zero absent, and zero abstenlions to approve the ZOning Map Amendment APPEALS This decIsion IS considered a Planning Commission Type III decIsion and as such, may be appealed to the Crty Council SDC 5 3-120 states that only those persons who participated either orally or In wnling have standing to appeal the deCISion of the Planning Commission and that grounds for appeal are limited to those Issues raised either orally or In wntlng before the close of the publIc record SDC 5 3-115 also states that an appeal applIcalion In accordance with 53-100 shall be filed with the Development Services Department WIthin 15 calendar days of the Planning CommIssion's decIsion In accordance WIth thiS policy and the Oregon Rules of CIvil Procedures, Rule 10(c), the appeal penod for thiS deCISion expires at 5 OOpm on June 4,2008 QUESTIONS Please call Molly Markanan In the Development Services Department Planning DIVIsion at 726-4611 or em ail her at mmarkanan@cl spnngfield or us If you have any questions PREPARED BY Molly Markanan Planner II Urban Planning Section 1 all , BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON FINAL ORDER FOR ZONING MAP AMENDMENT CASE NO. ZONE2008-00013 FINDINGS, CONCLUSIONS AND ORDER NATURE OF THE APPLICATION ZOning Map Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR) to confonn to the Metro Plan designation for Assessor's Map 17-03-27-43, Tax Lot 3001 1 On March 6, 2008, the follOWing application for a ZOning Map Amendment was accepted as complete change the zOning on approximately 27 acre of land located at 859 West M Street and 1391 & 1395 Rainbow Dnve from LDR to MDR, Case No ZON2008-00013 2 The application was submitted in accordance with Spnngfield Development Code (SDC) 54-105 Timely and sufficient notice ofthe public heanng has been provided, pursuant to SDC 5 2-115 3 On May 20, 2008, a public heanng for the Zoning Map Amendment request was held before the Spnngfield Planning Commission The Development Services Department staff notes, Including cntena of approval, findings, and recommendations, together with oral and wntten testimony submrtted have been conSidered and are part of the record of this proceeding CONCLUSION On the basIs of this record, the requested ZOning Map Amendment applicatIon IS consistent With the cntena of SDC 5 22-115 This general finding IS supported by the specific findings of fact and conclUSions In the attached staff report and attached hereto FINAL ORDER It IS ORDERED by the Planning CommIssion of Spnngfield that Case No ZON2008-00013, ZOning Map Amendment request, be approved This ORDER was presented to and approved by the Planning Commission on May 20, 2008 ~""~~ Ch,;,~oo ATTEST. / AYES 1 NOES ~ ABSENT ABSTAIN ... City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 ZONING MAP AMENDMENT Staff Report Case Number ZON2008-00013 Project Location: 859 West M Street, 1391 & 1395 Rainbow Dnve Map 17-03-27-43, Tax Lot 3001 Zoning Low Density Residential (LDR) Overlay Dlstrict(s): N/A Applicable Refinement Plan N/A Metro Plan Designation. Medium Density ResidentIal (MDR) Application Submittal Date February 26, 2008 Application Accepted As Complete Date March 6, 2008 Public Hearing Date May 20, 2008 Associated Applications ZON2005-00046 - Development Issues Meeting (DIM), ZON2005-00054 - DIM l;crf.Y;oF, SP.RllijGFIE[5'DE\iEFdPrMENt.REVfEW::C:OMMlttEE1~:{.:ri!"~~~:;~.i~ ,c;"~ ~ :. ,~.t. ;.,~;t;c I POSITION REVIEW OF NAME PHONE I Planner II Land Use Planning Molly Markanan 726-4611 I Transportation Planning Engineer Transportation Gary McKenney 726-4585 Public Works Engineer In Training UtilitIes, Sanitary & Storm Sewer Jesse Jones 736-1036 I Deputy Fire Marshal Fire and Life Safety GIlbert Gordon 726-2293 "APP.l'ICANT'S'DEVEl'r.-nMENJi''rEA'M''''' J">o , ~:- .,'"~ J'.' '.," , '"'' ,^,""!", ""''''''''.T~c,"' _, ,'- ," ,-" ''*''. -. -"I I ~ ,H 1 \:II':: I i1_..,.,to... r~~ t <--~_i<'''1~J~.}1~'''J~_....-.-''1;a.~~.H:T__..,.ifi~...~.w~ .ic-"'-1~ J L :f....." ~~t'~_'- )~1 Owner/Applicant Applicant's Representative Larry Burr JRH - Land Use DIVISion 3310 Talon Street 4765 Village Plaza Loop, SUite 201 Eugene, OR 97408 Eugene, OR 97401 Case No ZON2008-00013 '. 10f4 REQUEST The applicant has requested a City-sponsored zOnIng map amendment to change the zoning for the subject property from Low Density Residential (LDR) to Medium Density Resldenllal (MDR) to conform to the Metro Plan deslgnallon for the property of MDR Approval of the applicant's request would not only bnng the zOnIng on the property Into conformance with the Metro Plan, but It would also enable the applicant to proceed wIth other land use appllcallons that are contingent upon zOnIng and plan deSignation conformity Thus, In the future, development may occur on the property In accordance with SDC 3 2-200 for MDR properties Such development would permit a minImum of two and a maximum of five dwelling UnIts on the 27-acre property subject to a Type II land use approval (Site Plan ReView and/or Land DIvIsIon) DISCUSSION According to State law, the local zOnIng deSignation of properties must conform to the land use deslgnallon of the Metro Plan, the region's official long-range comprehensive plannIng document However, when the Metro Plan was onglnally adopted In 1982, zOnIng-designations already eXisted In the City of Springfield, and many properties were already developed In accordance with such deslgnallons Therefore, In some Instances, rather than Immediately changing the ZOnIng of developed land (which would create eXisting non-conforming uses), owners were allowed to maintain the zOnIng on their properties With the understanding that as such properties were redeveloped over time, plan/zone conflicts would be resolved before such development proceeded RecognIZing that a property owner should not have to pay to resolve such plan/zone conflicts resulting from the City's approach to early Implementallon of the Metro Plan, the CIty InIlIated a City-sponsored zoning map amendment process In 2006 for properties where the zOnIng and Metro Plan deSignation are clearly In conflict ThiS process allows for City-sponsored zone changes three limes annually In January, May, and September Due to the scale and non-property speCific nature of the adopted Metro Plan Diagram, the City IS best able to Identify clear plan/zone conflicts for properties Within Refinement Plan boundaries However, there can be Instances where, due to prominent Idenllfiable geographic features on the Metro Plan Diagram, little doubt eXists that a property falls Within a certain deSIgnation, as well In such Instances, It IS the discretion of the Director or hiS representative to determine If there IS a clear plan/zone conflict, thus qualifying the appllcallon for a City-sponsored zone change DUring InItial meetings In 2005 WIth City PlannIng staff regarding a proposed land diVISion involVing the subject property, the applicant was adVised that the ZOnIng on the property IS LDR while the Metro Plan deSignation IS MDR, and thiS plan/zone conflict needed to be resolved before the applicant could proceed With the land diVISion City staff at that time determined that prominent Identifiable geographic features, Including the curvature of Centennial Boulevard and the relallonshlp of the MDR area of the Metro Plan diagram to the CommunIty Commercial area of the diagram In thiS part of the City, suggest that the western boundary of the MDR deslgnallon IS Rainbow Dnve Therefore, the subject property, which IS located east of Rainbow Dnve, would fall WIthin the MDR deSignation and thus qualify for a City-sponsored zone change {see Attachments 2-1 through 2-4 REVIEW PROCESS ThiS City-sponsored zOnIng map amendment Involves the appllcallon of eXlsllng policy to one speCific property and does not Include a Metro Plan diagram amendment As such, thiS IS a Type III applicallon requlnng a quasI-Judicial deCISion and IS therefore reviewed under the procedures listed In Spnngfield Development Code (sDC) 51-135, Type III Applications, 52-100, Public Heanng Process, and SDC 522-100, ZOnIng Map Amendment Applications for Type III quasI-Judicial land use deCISions require newspaper notice, as well as mailed notification of the applicant and owner of record, property owners and occupants Within 300 feet of the subject property, any applicable neighborhood aSSOCiation, and any person who submits a written request to receive notice at least 20 days pnor to the date of the heanng per SDC 5 2-115 ThiS Case No ZON2008-00013 2014 application was accepted as complete on March 6, 2008 Per the public notice requIrements of SDC, notice of the public heanng was mailed on Apnl 24, 2008, and was published In the Register Guard on Apnl 29, 2008 No wntten comments were received at the time of IssUIng this Staff Report In addition, per State law, notice of the application was mailed to Department of Land Conservation and Development on March 20, 2008 For quasI-Judicial deCISions, the PlannIng Commission's decIsion IS the City'S final deCISion, unless appealed Only those persons who participated either orally or In wntlng have standIng to appeal the deCISion of the Planning Commission, and grounds for appeal are limited to those Issues raise either orally or In wntlng before the close of the public record SITE INFORMATION The subject property IS a 27 acre (11,761 square feet), L-shaped lot at the southeast corner of Rainbow Dnve and West M Street and IS located InSide the City limits The property IS relatively flat and currently contains a detached Single family dwelling that faces and takes access from West M Street, as well as a duplex that faces and takes access from RaInbow Dnve Property In the VICInity of the site IS zoned a combination of Low DenSity ReSIdential, Medium DenSity ReSidential, High DenSity ReSidential, Neighborhood Commercial, Community Commercial, and Public Land and Open Space However, the subject property IS zoned Low DenSity ReSidential, and land Immediately surrounding the property to the north, south, and east IS zoned Low DenSity ReSidentIal while property to the west IS zoned both Low DenSity ReSidential and Medium DenSity ReSidential The MDR zoning deSignation requires the development of residentIal uses at a denSity of 11 to 20 dwelling Units per acre The subject property, which IS approximately 27 acres and has three dwelling Units, already has eleven dwelling Units per acre A maximum of five dwelling Units could be developed on the property In the future ZONING MAP AMENDMENT - CRITERIA SDC 522-115 states that the Planning Commission may approve, approve With conditions, or deny a quasI-Judicial ZOning Map Amendment based upon the approval cntena listed In SDC 522-115 C 1 through C 3 Criterion 1/SDC 5 22-115 C.1 , Consistency With applicable Metro Plan poliCies and the Metro Plan diagram Finding: Metro Plan policy A 2 states that reSidentIally deSignated land WIthin the Urban Growth Boundary should be zoned consistent With the Metro Plan and applicable plans and poliCies Finding' The subject property IS zoned Low DenSIty ReSidential (LDR) Finding: The current version of the Metro Plan diagram depicts an area deSignated as Medium DenSity ReSidential (MDR) In the VICInIty of the subject property ThiS MDR area extends northeast of a pOint on Centennial Boulevard that does not have any Identifiable geographic features However, the western boundary of thiS area IS a hard north-south line In the middle of the diagonal section of Centennial Boulevard There IS only one street, Rainbow Dnve, that extends north-south along thiS section of Centennial Boulevard Therefore, CIty Planning staff has always Interpreted thiS to mean that the westem boundary of the MDR area IS Rainbow Dnve The subject property, which IS located east of Rainbow Dnve and north of Centennial Boulevard therefore falls Within the MDR deSignation on the Metro Plan Finding: The subject property must be rezoned from LDR to MDR In order for the zOning to be consistent With the applicable Metro Plan poliCies and Metro Plan diagram Therefore, the application to resolve thiS planlzone conflict IS consistent With the Metro Plan poliCies and diagram Case No Z0N2008-00013 3014 '. ConclusIon: This applIcatIon satisfies Cnterlon 1 (SDC 5 22-115 C 1 ) Criterion 2/SDC 5.22-115 C 2 \ Consistency wdh applicable Refinement Plans, Plan Dlstnct maps, Conceptual Development Plans, and functIonal plans Finding: There are no applicable Refinement Plans, Plan District maps, Conceptual Development Plans, or functIOnal plans for thIs property Therefore, Crltenon 2 IS not applicable Conclusion: This application satisfies Cntenon 2 (SDC 5 22-115 C 2) Criterion 3/SDC 5.22-115 C.3 \ The property IS presently proVided with adequate publiC faclldles, services, and transportation networks to support the use, or these faclldles, services, and transportatIOn networks are planned to be proVided concurrently with the development of the property Finding: The Development Review Committee (DRC), Including representatives from the City'S Development Services Department, Public Works Department, and Fire and Life Safety Department reviewed the application, and theIr comments have been Incorporated Into the findings and conditions below Findmg: Given the location and size of the property, the proposed zone change would have no Significant Impact on the transportation system Impact to the transportation system WIll be reviewed again via the land diVISion or site plan review process In the event that Mure development occurs on the property Fmding: The proposed zone change on thiS property Will have no affect on fire department services based on eXisting site condItions However, any changes to the eXisting structures or Increased density on the property Will require an Increase In the available fire flow to meet current fire code requirements, whIch will be enforced via the land divIsion or site plan review process Findmg: The Public Works Englneenng DIVISion has reviewed the proposed zone change and does not find \any Issues With the eXisting conditions With respect to the sanitary sewer or stormwater management systems Public Improvement requirements Will be reviewed again via the land divIsion or site plan review process In the event that future development occurs on the site Fmding' The property IS currently serviced With adequate public facilities and transportation networks In the event that the property IS further developed after the proposed zone change, the adequacy of public faCIlities for any future development Will be reviewed via the land diVISion or site plan review process Conclusion' ThiS application satisfies Crrtenon 3 (SDC 5 22-115 C 3 ) CONDITIONS OF APPROVAL SDC 5 22-120 authonzes the Approval Authonty to attach conditIons as may be reasonably necessary to a zone change approval to ensure that the application meets the approval cntena City staff finds that the application as submitted complies With all applicable approval cnterla and therefore does not recommend any conditions of approval CONCLUSION & RECOMMENDATION After reviewing thiS application, City staff finds that It complies With the three cntena listed In SDC 5 22- 115 C 1 through C 3 Therefore, City staff recommends that the Planning CommiSSion approve thiS application Case No ZON200ll-00013 4014 EXISTING ZONING ZON2008-00013 859 West M Street - 17-03-27-43, TL 3001 I I I I I o st ri iD 4 I III L --\ V-M-S-T- --L lWL i!:: .CI) . ~................ ZONING LEGEND I I Low Density Residential (LDR) liliiii Medium DenSity Residential (MDR) High Density Residential (HDR) Neighborhood Commercial (NC) Community Commercial (CC) PROPOSED ZONING ZON2008-00013 859 West M Street - 17-03-27-43, TL 3001 ~ I --L L st I ---' cj I CD '7. c--L_ - -\ V-M-S:r- ZONING LEGEND I I Low Density Residential (LDR) _ Medium Density Residential (MDR) High Density Residential (HDR) Neighborhood CommercIal (NC) Community Commercial (CC) EXISTING & UNCHANGED PLAN DESIGNATION ZON2008-00013 859 West M Street - 17-03-27-43, TL 3001 - -- 1~ii1ll'illl~J= fl$f~ii~~t~ ~ - o .... -- ~ N G-SPR I-lWY SITE~ ...\~\~l BLVD CEN.TE'~ I- 'J') :z: I- " ;:dO \AI 0 5T t ~-"-"."'.'-""./_~.----""'~hl Enlargement of Plan Diagram l I PLAN DESIGNATION LEGEND ,....' Urban Grav.th Boundary 0 Low Den&lt) R-.ldBntlal 0 LIght Medium Indul.trbJ II Agriculture ;"".. ~# Metro Plan Boundary 0 lil [tI . .. M.edIum Density Residential Campus tndulIitrlal FOf'!I5t land ./"V R41lroad. III HIgh Density R2l~en11a1 D UnIversity R:8surch m! Rur" ""...."'1.. /V Avera and Pond, II 0 II Commercial GO\l8mment and Education Rural Commerc:lal Ow-rlayc: ~ Mixed U~ Ar&u II Major Retail Cente-rio . Park.. and Open SpaC'll!: ~ Rurall1du&.trlal ~ Nodal Dewlapmtln1 Arllll 11 Hea,., industrial 0 Natural RllIoource II AIrPort Renrve: 0 'u'lIlam8t1e Greerw..v IS Special Heavy Industrial D Sand ana GraWIII SITE PHOTOS ZON2008-00013 859 West M Street - 17-03-27-43, TL 3001 Existing dwelling frontlOg West M Street EXIsting dwelling fronting RalObow Dnve '. ~RbING ~UES'TED BY FLDEUTY NATIONAL Tm.E COMPANY OF OREGON r Dlyl.l.... a' ChI.'..... :1..k ~'27 \ LoneCawrl..,_..._ ~ Imlll ~~I~lIllmll~ 100 IIImnmll m $31,00 I172Il&121I5B..-.. I~ 01/2212005 03: 17: 44 p~ 1PI-lIEEII Cnt...l st.... CASMJER az 110,00 IU.OO 11a au GRANTOR'S NAME Douglas 5 Gannon and Stuela LYM Gannon GRANTEE'S NAME UrTy Burr SEIIll TAX STAromm; To, Mr UrTy Burr B59 WOS'l "M" Slreet Spnngfield. OR 97477 .,,'<I!# AFTER RECORDING RETURN TO ,~,~~~<f) Mr UrTy Burr ~~~ ~ 'P' B59 West "M" Stroet O'i'", O'i' ....... ~ Springfield, OR 97477 ~~~ ~ ..1lP ~~~R?'~ rJl' ".':<-\-~"-.,~ ..#', ~Q<r.,."- ~~t.~'" OIr/'lI...C I'\C<IlJVI;. InlOll""II"1;. rvn nl;.\"Ul'Wl;.tnll u:,at; STATUTORY WARRANTY DEED , Douglas S Gannon ill'td Shiela Lynn Gannon, as tanants by the entirety. Grantor, .'._, "".... and wammts ta L1) Larry Burr. A Mamed MiII'\. Grantee. the fallOWing descnbed real property. free and clear of encumbrances excePt as specifically set tanh be}ow. srtuated b11he County of Lana, State of Oregon. SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF Subject to and excepting Canvenants. Cand'mons. Rl...;o..........!l5. and Easements of Record THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSllIUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSllIUMENT THE PERSON ACQUIRING FEE TTT1-E TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENTTO VERIFY APPROVED USES AND TO DCTElMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 THE TRUE AND ACTUAl CONSIDERATION FOR THIS CDNVEYANCE IS $200,000 00 IS.. DRS 93 0301 ----- -~l OFFICIAl.. SEAL . DAWIl J AUSI tfQTIoRYPlIIIUC.ORElltI< l~~~~~a- Ik.,#4...-I-~..kt . ~.~~ ::JW. ,,~ ,~-tM':t: Douglas S GamDrI r/- ./ Ju . 1L__'fL.uu., /(~ /Sh,eia Lynn GanKon - I i , DATED AUDust 17. 2005 Date Received, STATE DF ORIjGON COUNTY OF \..A..-...L.- FEB 2 6 2008 ThIS Instrument was acknowledged before me an Onginal submittal .(},.rJ~ Ia-.'}..u~- . ';:.).:~ t...,,,~ G............... i""-"'n.>-d. by. ----.~ Q r~ -CT~Q.M.."'b^ l1o...~-~ NOTARY .!::lcFOft OREGON I I MYCQ~~'EXl'IRES u I~d ':I...... & - -' ~t1....-;:J t11o.-p~ I/O 3 ::>., L,'1 0 ~ua1 CUd#1 oS "19'1) FORD-313 CArl 2J96l STA.TUTDRY WARRANTY DEED ;)0\01 w'lt "(jtJJ~ " Af+""IO_I...__..._...... .. .. , . .....,.... 05'\Clll3B'>-ClJA-46 _ """'... ocl4oo3BO EXHIBIT ONE Beglnnmg at B porn on th. South &no ol"M" SJroet d tho sam. was produced m Sprmgfield, Lana County, Oragon, North 89" 24' 30" West 1136 65 feet from tho pOint on lntersec\Jon of laid South Un. of "M" Street wrIh tho East Une of th. Robert E. CampbeO Donation Land C1aan No 59, Townslup 17 South, Range 3 West, WiDamlltlO Mendian. South 0" 59' West 130 0 feet: then.. South 89" 24' 30" East 44 17 foet; thenc. South 0" 59' West 150 foet; thonco North 89" 24' 30" Wast 1200 foet; thance North 0" 59' East 1450 fe.. to the South line of "M" Stroot: thance along SOld South Iin., South 89" 24' 30" East 75 83 fe.. to the Pomt 01 BegInning, m Lana County, O",gan Date Received. FEB 2 6 2008 Ongmal Submittal