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Home My WebLink AboutApplication APPLICANT 7/7/2008 City of Spnngfleld Development Services Department 225 Fifth Street Spnngfield, OR 97477 Floodplain Overlay District Development , equired Project Information : (Applicant: complete this section) Applicant Name: Dean Helfnch Phone: (541) 747-8401 Icompany: Fax: IAddress: 2587 North 19th Street, Spnnqfield, OR 97477 I IApPlicant's Rep.: Jim McLauqhhn PLS Phone: (541) 729-4886 Icompany: Fax: IAddress: 2428 Ranch Dnve. Spnnqfieldd OR 97477 I I Property Owner: Helnch Famllv Revocable Trust Phone: Icompany: .Fax: Address: 2587 North 19'h Street, Spnnqfield. OR 97477 ASSESSOR'S MAP NO: 17-03-24 ITAX LOT NOeS): 500 Property Address: 2833 20'h Street Spnnqfield. OR 9747Z Size of Property: 1 10 Acres!:><:l Square Feet 0 I IZOning: Low Densltv Residential (LDR) IExistinQ Use: Residential I Description of If you are fillmg In this fann by hand, please attach your proposal description to this application Proposal: Replacement of eXlstlnq mobile home with new residence 6..-..J "'_d I n-;; C~ Si natures: Please SI nand nnt our name and date In the a ro nate box on the next a e Associated Cases: ~~~=1- Ro4=i (L:\,{.-f CV> Ph";) . Pre- U1l(l,-~L'1 (po.,-tl ~ZAu -8-<Vd' I - I 'I $?'-f Case No.:Sftt:.:2~e ~ Or.::J::i)~ Date: 1-/1-/01'.... Reviewed by: ~ Application Fee: $ I (.,6i ITechnlcal Fee: $ g3 SJ Ipostage Fee: $0 TOTAL FEES: $ 170.3s I PROJECT NUMBER: rpq<,,) UlD-=!- 1\n-fl4 (e.>-,,-t- P<<yJ C Olfh-d p>>t<;-an J"e.b lD$-fs 5a\-ts\ ~L.. -' ReVIsed 1/1/08 Molly Markanan , f;v ; I ~ (?< tv<Y {;, M fWeU ~d ~~Q ~-r~ Date Received. JUL - 7 2008 1 of 4 Original Submittal Signatures nderslgned acknowledges that the mformatlon In this application IS correct and accurate Appl1can Date: 1 \11)01 ~g, -0IM tJ\G1..Pb6J.1L.-IN Print If the applicant IS not the owner, the owner hereby grants permISSIon for the applicant to act In his/her behalf Owner: $~~ ~~~ Signature Dean Helfnch Print Date: 1-1-1..00<( Date Received. JUL - 7 2008 Onglnsl Submittal RevIsed 1/1/0B Molly Mi!rkanan 20f4 CITY OF SPRINGFIELD VICINITY MAP SHR2008-00006 2833 20tb Street "'.... ------ ---r- North ,//'J ~AW~BPJOOCJ · ~II ~I Wlu (ill . SITE Map 17-03-24-00 Tax Lot 500 Date Received: JUL - 7 2008 Original Submittal ~ " N - . ~ ~ ~ NRQGf\7'4Q'W 15184' N90GQQ'QQ"E 15415' NARRATIVE The proposed development IS to construct a smgle famIly residence The foundatIon stem wall wlll provide adequate elevation to meet the 453 1 elevation requirement No additional fill IS antlcapted ~J i~ SCALE 1 480 NB9G57'49'W 17462' grdelov.. 4482 . , , IS ~ '10 SWI...M'......~ P,>D/ grdellilv..487 , PROPOSEO BUILDING PROPOSED FINISHEO FLOOR GRAOE = 453 1 L. p co ~~ (/J Plot Plan for Dean Helfrich ** site address ** 2833 20th Street Spnngfield, OR 97477 17-03-24 # 500 Ground Elevations based on TBM on site Spike In EWES power pole" 935 = 453 1 ~ ;.. " ~ ".... eN Z No structures on site No fill proposed on site Matenal Storage area shown Dramage facilIty shown D Complete lot within dase flood elevatIOn area - see attached FEMA detail map ate Received Ground Elevations are In reference to MSL No water course will be altered in this development N89'54'01"E 11640' JUl - 7 2008 Ong naf Submittal " "Jr D.... \ 1\..... " ( Division of Ch,(~ Deputy Clerk Lane County Deeds and Records Aftei Recordmg Return To FIrst Amencan Title PO Box 10146 Eugene, OR 97440 " ~OO1.o~$~ 1111111111111111111111111111111111111111111111 $41.00 J09412~220070062565004004~ 09/0612007 03:29:04 P" RPR-DEED Cnt=1 Stn=1 CASHIER 05 $20 00 $11 00 $10 00 't '" w.., ~. ., .~+ - T1 After recorchng return to Helfrich Family Revocable LIVIng Trust 2587 North 19th Street Spnngfield, OR 97477 Unbl a change IS requested all tax stItements shall be sent to the follOWing address HelfrIch Family Revocable liVing Trust 2587 North 19th Street Spnngfield, OR 97477 FIle No 7191-1094379 (kas) Date September 04, 2007 STATUTORY WARRANTY DEED Janet Lowell Mlchlanski, who acquired btle as Janet McBee, Grantor, conveys and warrants to Dean Helfnc:h and Gayle D. Helfrichr Co- Trustees of die Helfrich Family Revocable UVlng Trust, Grantee, the follOWing descnbed real property free of hens and encumbrances, except as specifically set forth herem See Legal DescnptJon attached hereto as Exhibit A and by thIS reference Incorporated herein Subject to: 1 The 2007/2008 Taxes, a hen not yet payable 2 Covenants, conditions, restnctJons and/or easements, If any, affecting trtIe, whIch may appear In the pubhc record, including those shown on any recorded plat or survey The true conSIderation for thIS conveyance IS $600rOOO.oo (Here comply wrth requirements 01 ORS 93 030) Date Received. JUL - 7 2008 Page 1 of 4 Onglnal submittal " \ .~ . ~ APN 0197317 StatutDry Wananty Deed . contlRued RIe No 7191-1094379 (leaS) Dale 09/04/2001 BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, TIlE PERSON TRANSFERRING FEE TITlE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197352 TIllS INSTRUMENT DOES NOT AlLOW USE OF TIlE PROPERTY DESCRIBED IN TIllS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD CHECK WI1li THE APPROPRIAlE OTY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 AND TO INQUIRE ABOUT TIlE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352 nL?hl-d ~ /J?/,fi~ Janet LElWell MlchlanskJ . STAlE OF Oregon ,___________~~~-:7==. I. O~~~c~~cM: I I NOTARY PUBLIC OREGON 'I I COMMISSION NO 398849 ~~ ~~~~2!l~~lRES_~~ ~;,~ County of Lane Sd. by Janet Lowell MichlanskI r , 20!!1 Date Received JUL - 7 2008 Onglnal SubmlttF'1 Page 2 of 4 T first AmerIcan Title Insurance Company of Oregon first American llt1e Insurance Company of Oregon ~ , r ~ ':J - .~ APN 0197317 StatulDry Wananty Deed - contmued Rle No 7191-1094379 (kas) Oate 09{04{2oo7 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUN1Y, OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND OAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NOR1HERl Y PROJECTION OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUN1Y OREGON PLAT RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDmON TO PHYWS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUN1Y OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYWS PARK, NORTH 890 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE lEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF BEGINNING, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER, THENCE NORTH 830 EAST ALONG SAID RIVER, 331 40 FEET, THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER OF THE SECOND ADDmON TO PHYWS PARK, THENCE NORTH 8go 53' WEST 116 39 FEET, THENCE SOUTH 650 16' 27" WEST 61 37 FEET, THENCE NORTH 890 53' WEST 154 36 FEET TO THE POINT OF BEGINNING IN LANE COUN1Y, OREGON SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND A PARCEL OF LAND IN SECTION 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUN1Y, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDmON OF PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUN1Y, OREGON PLAT RECORDS, 5AID POINT BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D. FISHER AS RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO 3122, DEED RECORDS OF LANE COUN1Y, OREGON, RUN THENCE NORTH 00 07' EAST 282 43 FEET TO A 1/2 INCH IRON ROD, THENCE SOUTH 8go 53' EAST 154 36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53' WEST 10 0 FEET, THENCE SOUTH 00 07' WEST 282 43 FEET TO A 1/2 INCH IRON ROD, THENCE NORTH 890 53' WEST 154 36 FEET TO THE POINT OF BEGINNING, IN LANE COUN1Y, OREGON. ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND Date Received Page 3 of 4 JUL - 7 2008 Onglnal SubmittaL ~, First American Title Insurance Company of Oregon --=~=- - -- - . - ~ . I -..J APN 0197317 File No. 7191-1094379 (kas) Date 09/04/2007 StabJtDry warranty Deed - contmued BEGINNING AT A POINT ON THE NORTHERLY PROJECT10N OF THE WEST llNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485 78 FEET SOUTH 810 47' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND ClAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECT10N OF THE SAID WEST llNE AND THE WEST llNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST llNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335 00 FEET TO THE INITlAl POINT OF ARST ADDmON TO PHYLllS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID ARST ADDmON TO PHYlliS PARK NORTH 89" 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60.70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RNER AND THE "TRUE POINT OF BEGINNING, THENCE NORTH 830 EAST ALONG SAID RNER 331 40 FEET, THENCE SOUTH 682 46 FEET, THENCE WEST 328 9 FEET, THENCE NORTH 641 96 FEET, MORE OR LESS, TO THE "TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY INSlRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO 77-05380, OFAGAL RECORDS OF LANE COUNTY, OREGON PARCEL 2 BEGINNING AT A POINT ON THE NORTHERLY PROJECT10N OF THE WEST llNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485 78 FEET SOUTH 810 47' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND ClAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07 WEST ALONG SAID NORTHERLY PROJECT10N OF THE SAID WEST llNE AND THE WEST llNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST llNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 33500 FEET TO THE INITIAL POINT OF ARST ADDmON TO PHYlliS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PlAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYlllS PARK NORTH 890 53' WEST 110 45 FEET, THENCE NORTH 810 09' OS" WEST 60.70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH DO 07 EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RNER, THENCE NORTH 830 EAST ALONG SAID RIVER 331 40 FEET, THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING, THENCE WEST 174 62 FEET, THENCE NORTH TO THE MCKENZIE RIVER, THENCE NORTH 830 EAST ALONG SAID RNER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING, THENCE SOUTH 682 46 FEET TO THE "TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON Date Received Page 4 of 4 JUl - 7 2008 Onglnal Submittal First American Title Insur<lnce Compcmy of Oregon . . . , .' '. APN 0197317 SlatutDry Warranty Deed - continued Rle No. 7191-1094379 elms) Dale 09/04/2007 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF llHRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNlY OREGON PLAT RECORDS, SAID POINT BBNG 485 78 FEET SOUTH 810 47' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND UAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH ()O 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 4S, PAGE 9, lANE COUNlY OREGON PLAT RECORDS, 33500 FEET TO THE INmAL POINT OF FIRST ADDmON TO PHYlliS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYlliS PARK NORTH B9" 53' WEST 110 45 FEET, THENCE NORTH 810 09' OS" WEST 60.70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RNER AND THE "TRUE POINT OF BEGINNING, THENCE NORTH 830 EAST ALONG SAID RNER 331 40 FEET, THENCE SOUTH 682 46 FEET, THENCE WEST 328 9 FEET, THENCE NORTH 641 96 FEET, MORE OR LESS, TO THE "TRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO 77-05380, OFFICIAl RECORDS OF LANE COUNlY, OREGON PARCEL 2 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNlY OREGON PLAT RECORDS, SAID POINT BBNG 485.78 FEET SOUTH 810 47' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND UAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNlY OREGON PLAT RECORDS, 335 00 FEET TO THE INITIAL POINT OF FIRST ADDmON TO PHYlliS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PlAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYlUS PARK NORTH 890 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH ()O 07 EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RNER, THENCE NORTH 830 EAST ALONG SAID RNER 331.40 FEET, THENCE SOUTH 682 46 FEET TO THE "TRUE POINT OF BEGINNING, THENCE WEST 174 62 FEET, THENCE NORTH TO THE MCKENZIE RNER, THENCE NORTH 830 EAST AlONG SAID RNER TO A POINT NORTH OF THE "TRUE POINT OF BEGINNING, THENCE SOUTH 682 46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON Date Received Page 4 of 4 JUL - 7 2008 Onglnal Submittal .. ~ APN 0197317 5tatulofy Wammly Deed - continued Ale No 7191-1094379 (Iras) Date f19/04/2007 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK S2, PAGE 26, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 48S 78 FEET SOUTH 810 47' 15" WEST AND 959 01 FEET SOUTH 00 07 WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND Q..AIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH ()O 07 WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LlNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 4S, PAGE 9, lANE COUNTY OREGON PLAT RECORDS, 33S 00 FEET TO THE INI11Al POINT OF FIRST ADDmON TO PHYWS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHnLlS PARK NORTH B90 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 8go 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE lRUE POINT OF BEGINNING, THENCE NORTH 830 EAST ALONG SAID RIVER 331 40 FEET, THENCE SOUTH 682 46 FEET, THENCE WEST 328 9 FEET, THENCE NORTH 641 96 FEET, MORE OR lESS, TO THE lRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY INSlRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO 77-05380, OFFIOAL RECORDS OF LANE COUNTY,OREGON PARCEL 2 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LlNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK S2, PAGE 26 LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 48S 78 FEET SOUTH 810 47' 15" WEST AND 9S9 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND CLAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LlNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LlNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335 00 FEET TO THE INI11Al POINT OF FIRST ADDmON TO PHYWS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PlAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHnLlS PARK NORTH 8go 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 8go 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH ()O 07 EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER, THENCE NORTH 830 EAST ALONG SAID RIVER 331 40 FEET, THENCE SOUTH 682 46 FEET TO THE lRUE POINT OF BEGINNING, THENCE WEST 174 62 FEET, THENCE NORTH TO THE MCKENZIE RNER, THENCE NORTH 830 EAST ALONG SAID RIVER TO A POINT NORTH OF THE lRUE POINT OF BEGINNING, THENCE SOUTH 682 46 FEET TO THE lRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON Date Received Page 4 of 4 JUL - 7 2008 Onglnal Submittal Form No 1402 06 ALTA Owners Policy (6-17.06) Policy Page 10 Policy Number 1094379 ""r. , . . . First American FITSt Amencan Title Insurance Company of Oregon 600 Country dub Road Eugene, OR 97401 Phn - (541)484-2900 Fax - (541)484-7321 September 26, 2007 HelfrIch FamIly Revocable liVIng Trust 2587 North 19th Street Springfield, OR 97477 Order Number 7191-1094379 (MGR) Title Officer Phone Fax No E-MaIl MIke Rutherford (541)484-2900 (541 )485-7217 mgrutherford@firstam com Escrow Officer Phone Fax No E-Mail KIm SpIcer (541)484-2900 (541)484-7321 ksp,cer@firstam com Property 2833 20th Street Sprmgfield, Oregon 97477 We enclose the follOWIng Owner's Policy Thank you for your confidence and support We at FIrst American Title Insurance Company of Oregon maIntain the fundamental pnnClple Customer First! Date Received JUL - 7 2008 Onglnal Submittal Rrst Amencan Title Insurance Company of Oregon Form No 1402 06 ALTA Owner's PoliCY (6-17-06) Polley Page 9 Poky Number 1094379 ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATIED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485 78 FEET SOUTH 81047' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTI DONATION LAND CLAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST UNE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATIED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335 00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLUS PARK, AS PLATIED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLUS PARK NORTH 890 S3' WEST 11045 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BEGINNING, THENCE NORTH 830 EAST ALONG SAID RIVER 331 40 FEET, THENCE SOUTH 682 46 FEET, THENCE WEST 328 9 FEET, THENCE NORTH 641 96 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO 77-05380, OFFICIAL RECORDS OF LANE COUNTY, OREGON PARCEL 2 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATIED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485 78 FEET SOUTH 81047' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTI DONATION LAND CLAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATIED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335 00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLUS PARK, AS PLATIED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLUS PARK NORTH 890 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER, THENCE NORTH 830 EAST ALONG SAID RIVER 33140 FEET, THENCE SOUTH 68246 FEET TO THE TRUE POINT OF BEGINNING, THENCE WEST 174 62 FEET, THENCE NORTH TO THE MCKENZIE RIVER, THENCE NORTH 830 EAST ALONG SAID RIVER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING, THENCE SOUTH 682 46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON APN 0197317 and 4132005 and 1517703 Date ReceIved JUL - 7 2008 Original Submittal FIrst American Title Insurance Company of Oregon Form No 1402 06 ALTA Owner's Polley (6-17-06) Policy Page 8 Polley Number 1094379 EXHIBIT "A" FIle No 7191-1094379 Policy No 1094379 Real property In the CIty of Springfield, County of Lane, State of Oregon, described as follows PARCEL 1 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK S2, PAGE 26, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING 485 78 FEET SOUTH 81047' 15" WEST AND 959 01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F SCOTT DONATION LAND ClAIM NO 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335 00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS, THENCE ALONG THE NORTH BOUNDARY OF THE SAID ARST ADDITION TO PHYLUS PARK, NORTH 890 53' WEST 110 45 FEET, THENCE NORTH 810 09' 05" WEST 60 70 FEET, THENCE NORTH 890 53' WEST 156 FEET, THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF BEGINNING, THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER, THENCE NORTH 830 EAST ALONG SAID RIVER, 331 40 FEET, THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER OF THE SECOND ADDITION TO PHYLUS PARK, THENCE NORTH 890 53' WEST 116 39 FEET, THENCE SOUTH 650 16' 27" WEST 61 37 FEET, THENCE NORTH 890 53' WEST 154 36 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND A PARCEL OF LAND IN SECTION 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A S/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDITION OF PHYWS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D ASHER AS RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO 3122, DEED RECORDS OF LANE COUNTY, OREGON, RUN THENCE NORTH 00 07' EAST 282 43 FEET TO A 1/2 INCH IRON ROD, THENCE SOUTH 890 53' EAST 1S4 36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53' WEST 10 0 FEET, THENCE SOUTH 00 07' WEST 282 43 FEET TO A 1/2 INCH IRON ROD, THENCE NORTH 890 53' WEST 154 36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON Date Received JUL - 7 2008 Original Submltt~ I Arst Amencan Title Insurance Company of Oregon Form No 1402 06 ALTA Owner's Polley (6-17-06) Polley Page 7 Policy Number 1094379 11 Easement, including terms and provIsions contained therein Recording InformatIon September 01, 1933 In Book 178, Page 158, Deed Records of Lane County, Oregon In Favor of CIty of Eugene, by and through the Eugene Water Board For right of way 12 Boundary Line Agreement, including the terms and provIsIons thereof, executed by Slgne F Andersen, and Baxter Fisher and Ann FIsher, recorded July 27, 1956, Reception No 90919, Deed Records of lane County, Oregon (East Line) 13 Easement, includIng terms and provIsions contained therein Recording Information December 26, 1973, ReceptIon No 73-57222, OffiCIal Records of lane County, Oregon In Favor of CIty of Eugene, for the use and benefit of the Eugene Water & ElectriC Board For right of way 14 Easement, includIng terms and proVIsions contained therein Recording Information June 11, 1975, Reception No 75-22936, OffiCial Records of Lane County, Oregon In Favor of CIty of Eugene, for the use and benefit of the Eugene Water & ElectriC Board For right of way 15 Deed of Trust and the terms and conditIons thereof Loan No undIsclosed Grantor{Trustor Dean Helfrich and Gayle D HelfrIch, Co- Trustees of the HelfrIch FamIly Revocable LIVIng Trust Grantee/BeneficIary Janet L Mlchlanskl Trustee First American TItle Amount $450,000 00 Dated September 04, 2007 Recorded September 06, 2007 Recording Information 2007-062566 Date Received JUL - 7 2008 Onglnal Submittal Rrst AmerIcan Title Insurance Company of Oregon Form No 1402 06 ALTA Owners PolKy (6-17-06) Policy Page 6 Policy Number 1094379 SCHEDULE B File No 7191-1094379 Policy No 1094379 EXCEPTIONS FROM COVERAGE This Policy does not Insure against loss or damage, and the Company wIll not pay costs, attorneys' fees, or expenses that arise by reason of 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 riot 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 or 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 (of eXIsting Improvements located on the subject land onto adJOlntng land or of eXIsting Improvements located on adjOining land onto the subject land), encumbrance, ViolatIon, VariatIon, or adverse circumstance affectmg the tItle that would be disclosed by an accurate and complete land survey of the subject 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 2007-2008 a lien due, but not yet payable 7 The assessment roll IndICated a 2002 postponed farm tax If the herein deSCribed property IS changed or modIfied to the extent that It can no longer be farmed, an addItIonal tax of $1,403.03 WIll become due and payable (Account No 1517703) 8 Rights of the publIC and of governmental bodies In and to that portIon of the premises herein deSCribed lYing below the mean hIgh water mark of McKenZIe RIver and the ownership of the State of Oregon In that portIon lYing below the high water mark of McKenZIe RIver 9 Any adverse claim based upon the assertIon that some portIon of said land has been removed from or brought WIthin the boundaries thereof by an avulslve movement of the McKenZIe RIver or has been formed by the process of accretIon or reliction or has been created by artifiCial means or has accreted to such portIon so created 10 The rights of the public In and to that portIon of the premises herein deSCribed lYing Within the limIts of streets, roads and hIghways Date Received First American Title Insurance Company of Oregon JUl - 7 2008 Onglnal Submittal Form No 1402 06 ALTA OWner's Policy (6-17M06) Policy Page 5 Policy Number 1094379 SCHEDULE A First American Title Insurance Company of Oregon Name and Address of Title Insurance Company First American TItle Insurance Company of Oregon 600 Country Club Road Eugene, OR 97401 File No 7191-1094379 Address Reference 2833 20th Street, Springfield, OR 97477 Amount of Insurance $600,000 00 Date of Policy September 06, 2007 at 3 29 P m Policy No 1094379 PremIum $1,50000 1 Name of Insured Dean Helfrich and Gayle D Helfrich, Co-Trustees of the Helfrich FamIly Revocable LIVIng Trust 2 The estate or Interest In the Land that IS Insured by thIS polley IS Fee SImple 3 Title IS vested In Dean Helfrich and Gayle D Helfrich, Co-Trustees of the Helfrich Family Revocable lJvlng Trust 4 The Land referred to In thiS policy IS described as follows See Exhibit "A" attached hereto and made a part hereof Date Received JUL - 7 2008 Original Submittal FIrst American Title Insurance Company of Oregon Form No 1402 06 ALTA Owners Policy (6-17-06) (b) The Company s nght of subrogatlon Includes the nghts of the Insured to mdemmtles, guaranties, other policies of Insurance or bonds, notwlthstandlng any terms or conditions contained In those Instruments that address subrogation nghts 14 ARBITRATION Either the Company or the Insured may demand that the dalm or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the Amencan land Title AssoclatJon rRules ') Except as provided In the Rules, there shall be no ]olnder or consolldatJon With dalms or controversies of other persons Arbitrable matters may Indude, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to thiS poltcy, any service In connection With Its Issuance or the breach of a poliCY proVISion, or to any other controversy or claim anslng out of the transaction giving rise to thiS polley All arbitrable matters when the Amount of Insurance IS $2,000 000 or less shall be arbitrated at the option of either the Company or the Insured All arbitrable matters when the Amount of Insurance IS In excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to thiS polley and under the Rules shall be blndlOg upon the parties Judgment upon the award rendered by the Arbltrator(s) may be entered m any court of competent ]unschctlon 15 UABIUTY UMITED TO THIS POUCY, POUCY ENTIRE CONTRACT (a) This polley together With all endorsements, If any, attached to It by the Company IS the entire policy and contract between the Insured and the Company In Interpreting any proVISion of thIS policy, thIS policy shall be construed as a whole (b) Any claim of loss or damage that anses out of the .status of the Title or by any action assertlng such claim shall be restricted to thIS policy (c) Any amendment of or endorsement to thiS policy must be In wntlng and authenticated by an authorIZed person, or expressly Incorporated by Schedule A of thiS policy Pohcy Page 4 Policy Number 1094379 (d) Each endorsement to thIS policy Issued at any tIme IS made a part of thIS pohcy and IS subject to all of Its terms and provISions Except as the endorsement expressly states, It does not (I) modIfy any of the terms and provIsions of the poliCY, (II) modIfy any pnor endorsement, (III) extend the Date of Policy, or (lV) Increase the Amount of Insurance 16 SEVERAB1LITY In the event any prOVISion of thiS policy, In whole or m part, IS held Invalid or unenforceable under applicable law, the policy shall be deemed not to Include that proVISIon or such part held to be mvabd, but all other prOVISions shall remam m full force and effect 17 CHOICE OF LAW, FORUM (a) ChOice of Law The Insured acknowledges the Company has underwntten the nsks. covered by thIS policy and determIned the prelTllum cha11led therefor m reliance lIpon the law affecting mterests m real property and applicable to the mterpretatlon, nghts, remedIes, or enforcement of POliCies of title Insurance of the ]unschcnon where the Land IS located Therefore, the court or an arbitrator shalf apply the law of the ]unsdlcbon where the Land IS located to determme the validIty of dalrns against the Title that are adverse to the Insured and to Interpret and enforce the terms of thiS policy In neIther case shall the court or arbitrator apply Its confhcts of law prmClples to deterrntne the applicable law (b) ChOICe of Forum Any litigation or other proceedmg brought by the Insured agaInst the Company must be filed only In a state or federal court wlttun the Umted States of Amenca or Its terrltones havmg appropnate ]unsdlctJon 18 NOTICES, WHERE SENT Any notice of claim and any other notice or statement In wntlng requIred to be given to the Company under thiS policy must be given to the Company at 1 First Amencan Way, Santa Ana, CA 92707, Attn Oalms Department. POLICY OF TITLE INSURANCE Date Received JUL - 7 2008 first American Title Insurance Company of Oregon OnglOal Submittal Form No 1402 06 ALTA Owner's Policy (6-17-06) Secbon 7 of these COnditiOns, at Its own cost, to Institute and prosecute any aebon or proceeding or to do any other act that In Its oplnlon may be necessary or desirable to establish the Title, as Insured, or to prevent or reduce loss or damage to the Insured The Company may take any appropnate actlon under the terms of thIS policy whether or not It shall be Irable to the (nsured The exerCise of these nghts shall not be an admISSion of hablllty or waiver of any proVISIon of thiS polley If the Company exercises Its nghts under thiS subsection, It must do so ddlgently (c) Whenever the Company brings an actIOn or asserts a defense as required or permitted by thiS policy, the Company may pursue the IIbgabon to a final determination by a court of competent junsdlctlon and It expressly reserves the tight, In Its sole dlscretron, to appeal any adverse Judgment or order 6 DUTY OF INSURED ClAIMANT 10 COOPERATE (a) In all cases where thiS polley permits or requires the Company to prosecute or proVide for the defense of any aebon or proceeding and any appeals, the Insured shall secure to the Company the tight to so prosecute or proVide defense In the actlon or proceechng, mdudlng the nght to use, at Its option, the name of the Insured for thiS purpose Whenever requested by the Company, the Insured, at the Company's expense, shall gNe the Company all reasonable aid (I) In secunng eVidence, obtalntng WItnesses, proserutIng or defending the actlon or proceeding, or effectmg settlement, and (II) In any other lawful act that In the Opinion of the Company may be necessary or desirable to establish the Title or any other matter as msured If the Company IS prejudiced by the fadure of the Insured to furnIsh the required cooperatIon, the Company s obltgatlOl1S to the Insured under the poltey shall termmate, Including any hablhty or obllgatron to defend, prosecute, or continue any IltIgaboo, With regard to the matter or matters requltlng such cooperation (b) The Company may reasonably requIre the Insured Oalmant to submit to examlnatlOl1 under oath by any authonzed representative of the Company and to produce for examination, Inspection and copying, at such reasonable times and places as may be designated by the authonzed representatrve of the Company, all records, In whatever medIum maintained, mcludmg books, ledgers, checks, memoranda, correspondence, reports, e-malls, diSks, tapes, and Videos whether beanng a date before or after Date of Policy that reasonably pertain to the loss or damage Further, If requested by any authonzed representative of the Company, the Insured Claimant shalt grant Its permISSIon, In wntlng, for any aLrthonzed representative of the Company to examine, Inspect, and copy all of these records In the custody or control of a thIrd party that reasonably pertam to the loss or damage All Information designated as confidential by the Insured Claimant provided to the Company pursuant to this Sed;lon shall not be disclosed to others unless, In the reasonable Judgment of the Company, It IS necessary In the administration of the claim Failure of the Insured aalmant to submit for examInatIon ur.cler oath, produce any reasonab\y requested Information, or grant permiSSion to secure reasonably necessary Information from third parties as reqUIred In thiS subsectron, unless prohibited by law or governmental regulatlOO, shall terminate any lrablllty of the Company under thiS polley as to that claim 7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, TERMINATION OF UABILITV In case of a claim under thiS pohey, the Company shall have the follOWing additional options (a) To Payor Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under thiS polley together With any costs, attorneys' fees, and expenses Incurred by the Insured Oalmant that were authorized by the Company up to the time of payment or tender of payment and that the Company IS obbgated to pay Upon the exerCIse by the Company of thiS option, all liability and obligations of the Company to the Insured under thiS polley other than to make the payment required In thIS subsectlon, shall terrmnate, Indudlng any liability or obligation to defend, prosecute, or continue any btlgatlon (b) To Payor Otherwise Settle With Parties Other Than the Insured or With the Insured Oalmant (I) To payor otherwise setUe With other parties for or In the name of an Insured Claimant any claim Insured against under thiS polrcy In addItion the Company will pay any costs, attomeys fees, and expenses Incurred by the Insured aalmant that were authonzed by the Company up to the tlme of payment and that the Company IS obligated to pay, or (If) To payor otherwise settle WIth the Insured Oalmant the loss or damage proVided for under thiS polley, together WIth any costs Polley Page 3 Policy Number 1094379 attorneys' fees, and expenses Incurred by the Insured Claimant that were authonzed by the Company up to the \:lme Df payment and that the Company IS obhgated to pay Upon the exerCIse by the Company of either of the optiOns proVIded for In subsectlons (b)(I) or (II) the Company's obligations to the Insured under thiS polley for the claimed loss or damage, other than the payments reqUired to be made, shall termmate Including any hablhty or obligation to defend, prosecute, or contmue any Irttgatlon a. DETERMINATION AND EXTENT OF UABIUTY thiS polley IS a contract of Indemnity against actual monetary loss or damage sustained or mcurred by the Insured aalmant who has suffered loss or damage by reason of matters Insured agaInst by thIS pohcy (a) The extent of lrablllty of the Company for loss or damage under thiS polley shall not exceed the lesser of (I) the Amount of Insurance, or (II) the difference between the value of the Title as msured and the value of the Title subject to the rrsk Insured against by thiS polley (b) If the Company pursues Its rrghts under Section 5 of these Condrtlons and IS unsuccessful In establishing the Title, as InsUred, (I) the Amount of Insurance shall be Increased by 10%, and (u) the Insured Oalmant shall have the nght to have the loss or damage determined either as of the date the claim was made by the Insured Calmant or as of the date It IS settled and paid (c) In addltton to the extent of Irablllty under (a) and (b), the Company WIll also pay those costs, attomeys' fees, and expenses Incurred In accordance With Sections 5 and 7 of these ConditiOns 9 UMITATION OF LIABILITY (a) If the Company establIShes the TItle, or removes the alleged defect, lien, or encumbrance, or cures the lack of a tight of access to or from the land, or cures the claIm of Unmarketable Trtle, all as Insured, In a reasonably dIligent manner by any method. Including hlJganon and the complenon of any appeals, It shall have fully performed Its obllgattons With respect to that matter and shall not be liable for any loss or damage caused to tt\e Insur€.d (b) In the event of any litigation, rncludlng litigation by the Company or With the Company s consent, the Company shall have no liability for loss or damage until there has been a final determmatJon by a court of competent Junsdlctlon, and dlSpOSltlon of all appeals, adverse to the Title, asmsured (c) The Company shall not be liable for loss or damage to the Insured for IlabllTty voluntanty assumed by the Insured In sett:llng any claIm or surt: Without the pnor wntten consent of the Company 10 REDUCTION OF INSURANCE, REDUCTION OR TERMINATION OF L1ABIUTY All payments under thiS policy, except payments made for costs, attomeys fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment 11 L1ABILrrY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any pobey msunng a Mortgage to which exception IS taken m Schedule B or to which the Insured has agreed, assumed, or taken subject, or which IS executed by an Insured after Date of Policy and which IS a charge or hen on the Title, and the amount so paid shall be deemed a payment to the Insured under thIS poltcy 12 PAYMENT OF LOSS When !lability and the extent of loss or damage have been definrtely fixed In accordance WIth these CondItiOns, tI1e payment shall be made Within 30 days 13 R1GtrrS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under thIS polley, It shall be subrogated and entitled to the nghts of the Insured ClaImant In the Title and all other nghts and remedies In respect to the claim that the Insured Oalmant has against any person or property, to the extent of the amount of any loss, costs, attorneys fees, and expenses paId by the Company If requested by the Company, the Insured Oalmant shall execute dOOJments to evidence the transfer to the Company of these nghts and remedies The Insured dalmant shall perrmt the Company to sue, compromise, or settle 10 the name of the Insured Oalmant and to use the name of the Insured Oalmant many transactron or litigation Involvmg these nghts and remedIes If a payment on account of a claim does not fully cover the loss of the Insured dalmant, the Company shaU defer the exerose of Its nght to recover untll after the Insured aalTTlant shan have recovered Its loss Date ReceIved First Amencan Title Insurance Company of Oregon JUL - 7 2008 Ongtnal Submlttai Form No 1402 06 ALTA Owner's Polley (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of thIS polICY, and the Company will not pay loss or damage, costs, attorneys fees, or expenses that arise by reason of 1 (a) Any law, ordinance, penmt, or governmental regulation (Indudlng those relating to building and zoning) restncbng, regulating, prohIbiting, or relating to (I) the occupancy, use, or enjOyment of the land, (II) the character, dlmellSloos, or location of any Improvement erected on the land, (Ill) the subdiVISIOn of land, or (IV) enVIronmental protection, or the effect of any Vlolatlon of these laws, ordinances, or governmental regulations This ExclUSion l(a) does not modify or IImrt the coverage provided under Covered RIsk S (b) Any governmental police power ThIS ExdUSlon l(b) does not modify or limit the coverage provided under Covered RIsk 6 2 RIghts of eminent domain ThIS ExclUSIon does not modify or bmlt the coverage proVIded under Covered Risk 7 or a 3 Defects, hens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oalmant, (b) not Known to the Company, not recorded In the PublIC Records at Date of Policy, but Known to the Insured Oalmant and not disclosed In writing to the Company by the Insured Claimant prIOr to the date the Insured Oalmant became an Insured under thIS polley, (c) resulting In no loss or damage to the Insured Oalmant; (d) attachmg or created subsequent to Date of Poky (however, thiS does not modify or limit the coverage proVIded under Covered RIsks 9 and 10), or (e) resultmg In loss or damage that would not have been sustamed If the Insured Oalmant had paid value for the Title 4 Any claim, by reason of the operation of federal bankruptcy, state inSOlvency or SImilar credItors nghts laws, that the transacbon vestIng the Title as shown In Schedule A, IS (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Rtsk 9 of thIS policy S Any hen on the Title for real estate taxes or assessments Imposed by governmental authonty and created or attaching between Date of PolICY and the date of recordIng of the deed or other Instrument of transfer m the PublIC Records that vests Title as shown In Schedule A. CONornONS 1 OEFINrnON OF TERMS The follOWing terms when used In thIS polley mean (a) "Amount of Insurance" The amount stated In Schedule A, as may be Increased or decreased by endorsement to thIS polICY, Increased by Sectlon arb), or decreased by Secbons 10 and 11 of these Conditions (b) "Date of Policy" The date designated as "Date of Polley" In Schedule A (c) "Entity" A corporation, partnership bUst, fimrted Irablllty company, or other Similar legal entIty (d) "Insured' The Insured named In Schedule A (I) The term -:Insured" also u'!dudes (A) successors to the Title of the Insured by operation of taw as distinguished from purchase, Indudlng heIrs, deVisees, survIVors,'" personal representatives, or next of kID, (B) successors to an Insured by dISSOlution, merger, consolidatIOn, distribution, or reorganIZation, (C) successors to an Insured by Its conversIOn to another kmd of Entity, (D) a grantee of an Insured under a deed delivered wrthout payment of actual valuable cOnSIderation conveymg the Title (1) If the stock, shares, memberships, or other eqUity Interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured (3) If the grantee IS wholly-owned by an affiliated Entlty of the named Insured, provided the affiliated Entity and the named Insured are both wholly.owned by the same person or Entity, or (4) If the grantee IS a trustee or benefiaary of a trust created by a wntten Instrument established by the Insured named In Schedule A for estate planning purposes PoliCY Page 2 Polley Number 1094379 (u) With regard to (A), (B), (C), and (D) reservmg, however, all rights and defenses as to any successor that the Company wouk:l have had against any predecessor Insured (e) "Insured ClaImant" An Insured dalmlng loss Of damage (f) "Knowledge" ()( 'Known" Actual knowledge not constructIVe knowledge or notice that may be Imputed to an Insured by reason of the PublIC Records or any other records that Impart construcbve nobce at matters affecbng the Title (g) "land" The land descnbed In Schedule A, and affixed Improvements that by law constitute real property The term "land" does not Indude any property beyond the lines of the area descnbed In Schedule A, nor any nght, title, Interest, estate, or easement In abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but thIS does not modrfy or limit the extent that a rIght of access to and from the land IS Insured by thIS policy (h) "Mortgage" Mortgage, deed of trust, trust deed, or other secunty Instrument, mcludlng one evidenced by electronrc means authorIZed by law (I) "Public Records" Records established under state statutes at Date of Policy for the purpose of Impartmg constructJve notice of matters relating to real property to purchasers for value and WIthOUt Knowledge With respect to Covered RIsk Sed), "PublIC Records" shall also Indude enVIronmental protecbon Ilens filed III the records of the derk of the Unrted States District Court for the district where the land IS located (J) "Title.. The estate or Interest desa1bed In Schedu1e A. (k) "Unmarketable Title.. Title affected by an alleged or apparent matter that would permit a prospectJve purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend If there IS a contractual condlbon requiring the dellVefY of marketable title 2. CONTINUATION OF INSURANCE The coverage of thiS pohey shall continue In force as of Date of Policy In favor of an Insured, but ooly so long as the Insured retains an estate or Interest In the land, or holds an obltgatlon secured by a purchase money Mortgage given by a purchaser from the Insured or orUy so long as the Insured shall have liability by reason of warranties In any transfer or conveyance of the Title ThiS policy shaD not contlnue In force In favor of any purchaser from the Insured of ecther (I) an estate or Interest In the land, or (II) an obllgabon secured bV a purchase mooey Mortgage gIVen to the Insured 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall nobfy the Company promptly In wntlng (I) In case of any 11tIgabon as set forth In SectJon Sea) of these Condltlons, (II) In case Knowledge shall come to an Insured hereunder of any claIm of title or Interest that IS adverse to the Title, as Insured, and that might cause loss or damage for which the Company may be ltable by Virtue of thIS pancy, or (m) If the Title, as Insured, IS rejected as Unmark.etable Title If the Company IS prejudiced by the faIlure of the Insured Claimant to prOVIde prompt notice, the Company's liability to the Insured Oalmant under the poIJcy shall be reduced to the extent of the prejudice 4 PROOF OF LOSS In the event the Company IS unable to detemune the amount of loss or damage, the Company may, at Its optJoo, reqUire as a conc!ltJQn of payment that the Insured Claimant furnish a signed proof of loss The proof of loss must descnbe the defect, hen, enrombrance, or other matter Insured against by thiS policy that constitutes the baSIS of loss or damage and shall state, to the extent possible, the basis of calculatmg the amount of the loss or damage 5 DEFENSE AND PROSEaJTION OF ACTIONS (a) Upon wntten request by the Insured, and subject to the optlOns contained In Section 7 of these Conditions, the Company, at Its own cost and WIthOut unreasonable delay, shall prOVIde for the defense of an Insured In lrtlgatlon In which any thIrd party asserts a claim covered by thIS polley adverse to the Insured ThIS obligation IS limited to only those stated causes of actJon alleging matters Insured against by thIS polley The Company shan have the nght to select counsel of Its chOIce (subject to the rrght of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of acbon It shall not be liable for and WIll not pay the fees of any other counsel The Company Will not pay any fees, costs, or expenses Incurred by the Insured In the defense of those causes of action that allege matters not Insured against by thIs policy (b) The Company shall have the nght, In addlbon to the options contained m Date Received JUl - 7 2008 Rrst AmerIcan Title Insurance Company of Oregon Onglnal Submlttai Form No 1402 06 ALTA Owner's Policy (6-17-06) 1100302P050600 Policy No 7191-1094379 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of dalm and any other notice or statement In wntmg reqUired to be given to the Company under ttllS policy must be given to the Company at the address shown In Sec:bon 18 of the Conchbons. COVERED RISKS Title Insurance Company of Oregon dba FIRST AMERICAN TITlE INSURANCE COMPANY OF OREGON ~~'''''''' ""~'c.t.CO~'~ ::~ . :-~R i-J,. f-"~ ,Nfl ~~ SUBJECT TO TIlE EXG.USIONS FROM COVERAGE, TIlE EXCEPTIONS FROM COVERAGE CONTAlNEO IN SCHEOULE B AND TIlE CONomoNS, ARST AMERICAN mLE INSURANCE COMPANY, a California 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 1 Title bemg vested other than as stated In Schedule A 2 Any defect In or hen or encumbrance on the Title This Covered Rtsk tndudes but IS not limited to Insurance agamst loss from (a) A defect In the Tltfe caused by (1) forgery, fraud, undue mfluence, duress, Incompetency, Incapaoty, or Impersonation, (II) failure of any person or Enbty to have authonzed a transfer or conveyance, (Ill) a document affecting Title not property created, executed, WItnessed, sealed, acknowledged, notmzed, or delIVered, (IV) faIlure to perform those acts necessary to create a document by electroniC means authonzed by law, (v) a document executed under a falsified, expIred, or otherwise Invahd power of attorney, (vI) a document not property filed, recorded, or Indexed m the PubliC Records Including failure to perform those acts by electroniC means authonzed by law, or (VII) a defectIve JudlOal or admlnlstrabve proceedmg (b) The hen of real estate taxes or assessments Imposed on the TItle by a governmental authonty due or payable, but unpaid (c) Ar1y encroachment, encumbrance, Vlolabon, vanatlon, or adverse arcumstance affectJng the Title that would be dIsclosed by an accurate and complete land survey of the land The term "encroachment" Indudes encroachments of exJStrng Improvements located on the land onto adjOIning land, and encroachments onto the Land of eXIsting Improvements located on adjoining land 3 Unmarketable Title 4 No nght of access to and from the Land 5 The VIolation or enforcement of any law, ordmance, permit, or governmental regulabon (IncludIng those relabng to bUIldIng and zonIng) resb1(:tmg, regulating, proh.blbng, or relating to (a) the occupancy, use, or enjoyment of the Land, (b) the character, dlmellSlons, or location of any Improvement erected on the Land, By Attest (C) the sutx:lMSlon of land, or (d) enVIronmental protection If a nonce, descnblng any part of the Land, IS recorded In the Publtc Records settlng forth the Vlolabon or mtentlon to enforce, but only to the extent of the VIOlatIon or enforcement referred to In that notice 6 Ar1 enforcement actlOn based on the exerase of a governmental pollee power not covered by Covered Risk 5 If a nobce of the enforcement acbon, descnblng any part of the land, IS recorded In the Pubhc Records, but only to the extent of the enforcement referred to m that notice 7 The exerose of the nghts of emInent domam If a notice of the exercISe, desrnbmg any part of the land, IS recorded In the Public Records 8 Any taklng by a governmental body that has ocanTed and IS blndmg on the nghts of a purchaser for value WIthout Knowledge 9 Title being vested other than as stated In Schedule A or bemg defective (a) as a result of the aVOidance In whole or In part, or from a court order prOVIdIng an arternatJve remedy, of a transfer of all or any part of the tlt:Ie to or any Interest In the Land occumng pnor to the transacbon vesting Title as shown In Schedu~ A because that pnor transfer constlMed a fraudulent or preferenbal transfer under federal bankruptcy, state Insolvency, or SImilar creditors' nghts laws, or (b) because the Instrument of transfer vesting Title as shown In Schedule A constlMes a .........-.........ual transfer under federal bankruptcy, state 1...>0_: "-,._,, or SImilar creditors' nghts laws by reason of the failure of Its recordIng In the Public Records (.) to be bmely, or (II) to Impart notice of Its exIStence to a purchaser for value or to a Judgment or hen creditor 10 Any defect m or lien or enrumbrance on the Title or other matter Fnduded In Covered R,sks 1 through 9 that has been created or attached or has been filed or recorded m the Pubhc Records subsequent to Date of Polley and pnor to the recordmg of the deed or other Instrument of transfer In the PubliC Records that vests Title as shown In Schedule A. The Company wlll also pay the costs, attorneys' fees, and expenses mrorred In defense of any matter InsUred against by thIS polley, but only to the extent proVided In the Condlbons PresIdent Secretary Date Received JUL - 7 2008 Onglnal Submittal ~ -- Me ~ 0; ~ ~; ...; :J: ~ ...; , DElROSE AVENUE ~ APPROXIMATE SCALE IN FEET 500 0 500 , NATIONAL FLOOO INSURANCE PROGRAM FIRM ROOD INSURANCE RATE MAP AREAS see "'lAP 1"-\lEX FOR PANElS NOT PflIN1EDl NUMaER~SlJ'FIX SM~fltLOClTYOF .,p;m nil'! V.NE CIl\Jmv lJNINCOAP(lIl,l.IEOAR!A!; 'l$Yl MAP NUMBER 41039Cl153 F EFFECTIVE DATE JUNE 2, 1999 Federal Emergency Management Agency ./ This Is an offlcllill copy of iii portion of the ebove referenced 1lood map It was extracted usln~ F Mil On una Thill map does net reflect changes or amendments which may have been made subsequent to the date on the title block For the latest producllnformaticn about National Flood Insurance Program floed mapa check the FEMA Flood Map Store at wwwm.c feme goy '0 I Q) CO I > = ! ~ = 1 '" ~ Q) r-- .", 0:: ! <= ~ ....J .0 Q) => :J - ...., ((J CI3 rn Q c 0, C 0 ~ - MC KENZIE a; '" ~ ~ :z: :z: ~ '" ~ ~ J , DELROSE AVENUE j.'"\.. ,-, 1 ,', -/ - APPROXIMATE SCALE IN 500 0 ~ - FEET 500 "' NATIONAL flOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP LANE COUNTY, OREGON AND INCORPORATED AREAS PANEl n53 OF 2975 ISEE MAP INDEX FDA PANELS NOT PAINTEDI ~PAAlft.~ 'lUll, tm .IIiA! "~ MAP NUMBER 41039C1153 F EFFECTIVE DATE JUNE 2,1999 Thla 1& an omCla copy of & portion of the abow referenced flood map It was extracted using F MIT On Une Thla map doe& nal re1lect changes or amendmentli which may haw been made subsequent to the date on the , - tItle block For the latest product Information about NatlonDl Rood Insurance Progrlrn 1I00d mape, eheck the FEMA Flood Map Store at WNN m.c feme 00\1 "0 CD GO ~ <=> <=> CD '" m u ..... - CD - 0::: I E -J .0 CD ~ ::I - -. en t'll 0 Iii c: Cl ;;: 0 225 FIfth Street Sprmgfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SHR2008-00006 SIIR2008-00006 Payments Type of Payment Check CredllCard Job/Journal Number SHR2008-00006 SHR2008-00006 Payments Type of Payment Check CredllCard cRecemtl RECEIPT #: Descnptlon UGB Floodplam Dev Base Fee + 5% Technology Fee PaId By DEAN HELFRICH JEB WIRFS PACIFIC HOMES Description UGB Floodplam Dev Base Fee + 5% Technology Fee Paid By DEAN HELFRICH JEB WIRFS PACIFIC HOMES a:;Q!; ~ Wit,. "' (' 'of Sprmgfield OfficIal ReceIpt 1.._ ,elopment ServIces Department PublIc Works Department 1200800000000000742 Date. 07/07/2008 Item Total Check Number AuthOrization Received By Batch Number Number How Received lJ 243 In Person IJ 055084 In Person Payment Total Item Total Check Number AuthOrizatIOn Received By Batch Number Number How Received lJ 243 In Person IJ 055084 In Person Payment Total Date Received JUl - 7 2008 Original Submittal Page I of I 2 34 13PM Amount Due 1,667 00 8335 $1,75035 Amount Paid $1,69995 $50 40 $1,75035 Amount Due 1,667 00 8335 $1,75035 Amount Paid $1,69995 $5040 $1,75035 71712008