HomeMy WebLinkAboutApplication APPLICANT 4/28/2020City of Springfield
Partition Land Use Application
Date:
April 2020
UPDATED April 24, 2020
Submitted to:
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Owner/Applicant:
Marcola Meadows Neighborhood, LLC
9550 SW Clackamas Road
Clackamas, OR 97015
AKS Job Number:
7736
KIK
ENGINEERING & FORESTRY
12965 SW Herman Road, Suite 100
Tualatin, OR 97062
(503)563-6151
Table of Contents
I. Executive Summary .................................................................................................................2
II. Site Description/Setting..........................................................................................................2
III. Applicable Review Criteria......................................................................................................3
CITY OF SPRINGFIELD DEVELOPMENT CODE....................................................................................3
CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS......................................3
Section 5.12-100 Land Divisions—Partitions and Subdivisions............................................3
5.12-105 Purpose and Applicability..................................................................................3
5.12-110 Tentative Plan Review.......................................................................................3
5.12-115 Tentative Plan — General...................................................................................4
5.12-120 Tentative Plan Submittal Requirements............................................................5
5.12-125 Tentative Plan Criteria.....................................................................................
10
5.12-130 Tentative Plan Conditions................................................................................
12
IV. Conclusion............................................................................................................................13
Exhibits
Exhibit A (UPDATED April 24, 2020): City Application Forms and Checklists
Exhibit B (UPDATED April 24, 2020): Preliminary Plans
Exhibit C: Property Ownership Information
Exhibit D: Lane County Assessors Map
Exhibit E: Natural Resources Conservation Service (NRCS) Soil Map
Partition Land Use Application
Submitted to: City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Owner/Applicant: Marcola Meadows Neighborhood, LLC
9550 SW Clackamas Road
Clackamas, OR 97015
Applicant's Consultant: AKS Engineering & Forestry, LLC
12965 SW Herman Road, Suite 100
Tualatin, OR 97062
Contact: Chris Goodell, AICP, LEEDAl
Email: chrisg@aks-eng.com
Phone: (503)563-6151
Site Location: Northwest of the intersection of Marcola Road and 31"
Street
Lane County 17023000; Adjusted Tax Lot 1800
Assessor's Map:
Site Size: *92 acres
Land Use Districts: Medium Density Residential (MDR) and Mixed -Use
Commercial (MUC)
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I. Executive Summary
The subject site has been the subject of previous land use permits over many years, most relevantly, a
±100acre Master Plan in 2008 (the Marcola Meadows Master Plan). In 2018, a Modification to the
Marcola Meadows Master Plan was approved by the City of Springfield. More recently, (December 2019)
a 170 -lot residential subdivision (for single-family detached homes) was approved for the northernmost
±23 -acre portion of the property. To date, the project has yet to break ground; however, Phase la of the
subdivision is currently in the final engineering plan review stage with an anticipated construction start
date in the spring/summer of 2020.
At this time, efforts are underway to update/modify the Master Plan to provide for a number of
specifically planned project elements, including a church, school, and multi -family homes, in addition to
the detached homes described above. Along with the master planning work, a recently submitted
property line adjustment application and this application for a partition are intended to facilitate
ownership transactions that are expected to help fund needed site and infrastructure improvements
associated with the project. This partition application involves dividing the property into three parcels,
matching future phase lines/land uses to be more clearly illustrated in the modified master plan. It does
not involve alterations to the site, the construction of improvements, or changes to the existing use of the
land. Therefore, after the partition is completed, the sites physical appearance will remain the same.
This application includes the City application forms, written materials, and preliminary plans necessaryfor
City staff to review and determine compliance with the applicable approval criteria. The evidence supports
the City's approval of the application.
D. Site Description/Setting
The subject site (adjusted Tax Lot 1800) includes a total area of ±92 acres, and its configuration is based
upon a previously submitted Property Line Adjustment (PLA) application (in process). The Preliminary
Plans show the adjusted property boundaries of Tax Lots 1800 and 2300.
The property is flat and currently exists as a grassy field. It is vacant and fronts on Marcola Road on the
south side of the site and 31" Street on the east side. The property is currently classified with Medium
Density Residential (MDR) and Mixed -Use Commercial (MUC) zoning designations.
Description of Surrounding Area
Area
Jurisdiction
Zoning
Land Uses
North
City of Springfield
Public Land & Open Space (POS)
Public/Institutional (i.e.
educational facility)
Medium Density Residential (MDR)
Residential
South
City of Springfield
I Low Density Residential (LDR)
Residential
East
City of Springfield
Light Medium Industrial (LMI)
Industrial
West
City of Springfield
Low Density Residential (UDR)
Residential
Community Commercial (CC)
Public/Institutional (i.e. medical
facilities, future church, etc.)
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111. Applicable Review Criteria
MY OF SPRINGFIELD DEVELOPMENT CODE
CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS
Sec6on5.12-100 Land Divisions— Partitions and Subdivisions
5.12-105 Purpose and Applicability
A. Purpose. The purpose ofthe Partition and Subdivision process ism: Facilitate
and enhance the value of development, Maintain the integrity of the City's
watercourses by promoting bank stability, assisting in flood protection and
flow control, protecting riparian functions, minimizing a and
preserving water quality and significant fish and wildlife areas; Minimize
adverse effects on surrounding property owners and the general public
through specific approval conditions, Ensure the provision ofpubfic Facilities
and services;
s; Provide for c B
connectivity between different uses; Utilize
alternativetransportation modes including walking, bicycling and mass
transit facilities; Implement the Metro Plan, applicable refinement plans,
specific area plans and specific development plans; Minimize adverse effects
on surrounding property owners and the general public through specific
approval conditions; and Otherwise protect the public health and safety.
B. The Partition process regulates land divisions that cream 2 or 3 parcels within
a calendar year. If the Director determines that a property proposed to be
partitioned has been, or is in the process ofbeing divided into 4 or more lots,
full compliance with the Subdivision regulations specified in this Code may
be required.
C. The Subdivision process regulates land divisions that create 4 or more lots
within a calendar year.
Response: This project involves a land division by means of a partition application to create three
parcels within a calendar year. Therefore, the criteria of this section apply.
D. Applicability.
1. The Partition process applies within the city limits and the City's
urbanizable area. Generally, no more than 3 parcels may be created
from 1 tract ofland in the City's urbanizable area until annexation, as
specified in Section 5.12-125I.2.b.iu.
2. The Subdivision process applies only within the city limits.
3. No lot/parcel may be created without being divided as specified in
this Code.
4. No development permit will be issued by the City prior to approval
ofthe Partition or Subdivision Tentative Plan application.
EXCEPTION: As maybe permitted in the Springfield Municipal Code, 1997
and/or by Resolution No. 03-40, the Director may issue a
Land and Drainage Alteration Permit prior to approval of
the Partition or Subdivision Tentative Plan.
Response: This application involves athree-parcel partition within the City limits. The parcels created
by this application are in accordance with the Springfield Development Code (SDC). The
above standards are understood.
5.12-110 Tentative Plan Review
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Tentative Plans are reviewed under Type II Procedure.
Response: The Type II review process is understood.
5.12-115 Tentative Plan — General
Any residential land division shall conform to the following standards:
A. The lot/parcel dimensions shall conform to the minimum standards of this
Code. When lots/parcels are more than double the minimum area permitted
by the zoning district, the Director shall require that these lots/parcels be
arranged:
To allow redivision; and
To allow for the extension of streets to serve figure lots/ parcels.
Response: This application involves a three -parcel partition within the City limits. As illustrated on
the Preliminary Plans, the partition layout allows for the potential redivision of large
properties and provides frontage on public roads to serve future parcels. The criteria are
satisfied.
Placement of structures on the larger lots/parcels shall be subject to
approval by the Director upon a determination that the potential
maximum density of the larger lot/parcel is not impaired. In order to
makethis determination, the Director may require a Future
Development Plan as specified in Section 5.12-120E.
Response: This application is associated with the Marcola Meadows Final Master Plan (Local File No.
811-18-000054-TYP3). Placement of structures on the large properties created through
this partition application is subject to future site design review. The subject site does not
contain existing structures. Per the submittal requirements, see the table below
explaining the density of the subject property.
Description of Density
Adjusted Tax Lot 1800
Size of Property (acres)
±92 acres
Maximum Allowable Density
To be determined. Various factors precede
calculating density for the property, including
institutional, commercial, and mixed uses planned
for portions of the master plan site.
Future Density
To be determined. This application does not involve
physical site improvements or propose density
calculations.
B. Double frontage lots/parcels shall be avoided, unless necessary to prevent
access to residential development from collector and arterial streets or m
overcome specific topographic situations.
C. Panhandle lots/parcels shall comply with the standards specified in Sections
3.2-215 and 4.2-120A. In the case of multiple panhandles in Subdivisions,
construction of necessary utilities to serve all approved panhandle
lots/parcels shall occur prior to recording the Plat.
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Response: This application does not create parcels with double frontage or panhandles. The criteria
are met.
D. Block length for local streets is as specified in Section 4.2-115.
Response: This application does not involve the creation of new streets or blocks. That said, the
Conceptual Future Development Plan illustrates these features for future planning
purposes. As applicable, the criterion is met.
5.12-120 Tentative Plan Submittal Requirements
A Tentative Plan application shall contain the elements necessary to demonstrate that
the provisions of this Code are being fulfilled.
EXCEPTION: In the case of Partition applications with the sole intent to donate land
to a public agency, the Director, during the Pre -Submittal Meeting, may waive any
submittal requirements that can be addressed as part of a future development
application.
Response: This application is not intended to facilitate the donation of land to a public agency. The
exception described above is not relevant to this application.
A. General Requirements.
1. The Tentative Plan, including any required Future Development
Plan, shall be prepared by an Oregon Licensed Land Surveyor on
standard sheets of IS" x 2422. The services of and Oregon registered
Engineer may also be required by the City in order to resolve utility
issues (especially stormeater management, street design and
transportation issues), and site constraint and/or water quality
2. The scale of the Tentative Plan shall be appropriate to the area
evolved and the amount of detail and dares, normally 1" = 501, 1"
100', or I" = 200'.
3. A north arrow and the date the Tentative Plan was prepared.
4. The name and address of the owner, applicant' if different, and the
Land Surveyor and/or Engineer who prepared the Partition
Tentative Plan.
5. A drawing of the boundaries of the entire area owned by the
pardtioner or subdivider ofwhich the proposed land division is apart.
6. Cityboundaries, the Urban Growth Boundary(UGB) and any special
service district boundaries or railroad right-of-way, which cross or
abut the proposed land division.
7. Applicable zoning districts and the Metro Plan designation of the
proposed land division and of properties within 100 feet of the
boundary ofthe subject property.
8. The dimensions (in feet) and size (either in square feet or acres) of
each lot/parcel and the approximate dimensions of each building
site, where applicable, and the top and toe of cut and fill slopes to
scale.
9. The location, oudine to scale and present use of all existing
structures to remain on the property after platting and their required
setbacks from the proposed new property Goes.
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10. Thelmationandsize of existing and proposed milities and necessary
casements and dedications on and adjacent to the site, including but
notlimited to s unary sewer mains, stormwater management
systems, water mains, power, gas, telephone, and cable TV. Indicate
the proposed connection points.
IL The locations widths and purpose of all existing or proposed
casements on and abutting the proposed land division; the location
ofany existing or proposed reserve strips.
12. The locations of all areas to be dedicated or reserved for public use,
with the purpose, condition or limitations of the reservations clearly
indicated.
Response: The Preliminary Plans include the applicable Tentative Plan information listed above. The
submittal requirements are met.
B. A Site Assessment ofthe Entire DevelopmentArea. The Site Assessment shall
be prepared by an Oregon Licensed Landscape Architect or Engineer and
drawn to scale with existing contours at 1 -foot intervals and percent of slope
that precisely maps and delineates the areas described below. Proposed
modifications to physical features shall be clearly indicated. The Director may
waive portions of this requirement if there is a finding that the proposed
development will not have an adverse impact on physical features or water
quality, either on the site or adjacent to the site. Information required for
adjacent properties may be generalized to show the connections to physical
features. A Site Assessment shall contain the following information.
1. The name, location, dimensions, direction of0owand top ofbank of
all watercourses that are shown on the Water Quality Limited
Watercourses (WLQW) Map on file in the Development Services
Department
2. The 100 -year floodplain and Roodway boundaries on the site, as
specified in the latest adopted FEMA Flood Insurance Maps o
FEMA approved Letter of Map Amendment or Letter of Map
Revision;
3. The Time of Travel Zones, as specified in Section 3.3-200 and
delineated on the Wellhead Protection Areas Map on file in the
Development Service Department
4. Physical features including, but not limited to significant clusters of
trees and shrubs, watercourses shown on the (WLQW) Map and their
riparian areas, wetlands, and rock outcropping,
5. Soil types and water table information as .napped and specified in
the Soil. Survey cfL.re County; and
6. Natural resource protection areas as specified in Section 4.3-117.
Response: The Preliminary Plans include the applicable Site Assessment information listed above.
The submittal requirements are met.
C. A Stormwater Management Plan drawn to scale with existing contours at I -
foot intervals and percent of slope that precisely maps and addresses the
information described below. In areas where the percent ofdope is 10 percent
contoursor may be shown at 5 -foot intervals. This plan shall show the
stormwater management system for the entire development area. Unless
exempt by the Public Works Director, the City shall require that an Oregon
licensed Civil Engineer prepare the plan. Where plants are proposed as part
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of the stormwater management system, an Oregon Licensed Landscape
Architect may also be required. The plan shall include the following
components:
1. Roofdrainage patterns and discharge locations;
2. Pervious and impervious area drainage patterns;
3. 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;
4. Existing and proposed site elevations, grades and contours; and
5. A stormwater management system plan with supporting calculations
and documentation as required in Section 4.3-110 shall be submitted
supporting the proposed system. The plan, calculations and
documentation shall be consistent with the Sngineenng Designs
Standsrda and Procedures Manual to allow staff to determine if the
proposed stormwater .management system will accomplish its
purposes.
Response: The Preliminary Plans include the above listed information, as applicable. However, the
site is currently devoid of structures and this partition application does not involve
physical changes to the site. Therefore, a specific "stormwater management system plan'
with supporting calculations is not relevant. That said, it is understood that
implementation of the master plan includes site design review. Those applications that
include physical alterations to the land are anticipated to include detailed stormwater
system plans, replete with supporting calculations, as is required.
D. A Response to Transportation issues complying with the provisions of this
Code.
1. The locations, condition, e.g., fully improved with curb, gutter and
sidewalk, AC may or gravel, widths and names of all existing streets,
alleys, or other rights-of-way within or adjacent to the proposed land
division;
Response: The Preliminary Plans detail the existing conditions of streets and other rights-of-way
adjacent to the subject site. The criterion is met.
2. The locations, widths and names of all proposed streets and other
rights-of-way to include die approximate radius of curves and grades.
The relationship of all proposed streets to any projected streets as
shown on the Metro Plan, including the Transplant, any approved
Conceptual Development Plan and the latest version of the
Conceptual Local Street Map;
Response: This application does not involve the design and/or construction of new streets or other
rights-of-way. The criterion is not relevant.
3. The locations and widths of all existing and proposed sidewalks,
pedestrian trails and accessways, including the location, size and
type of plantings and street trees in any required planter strip;
Response: The Preliminary Plans detail the existing conditions of sidewalks, pedestrian trails, and
accessways. This application does not involve the design or construction of new
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pedestrian facilities. As stated previously in this written document, the purpose of this
project is for property line recordation and no physical construction improvements will
be completed at this time. As applicable, the criterion is met.
The location of existing and proposed traffic control devices, fire
hydrants, power poles, transformers, neighborhood mailbox units
and similar public facaidec, where applicable;
Response: The Preliminary Plans illustrate the location of existing traffic control devices, fire
hydrants, power poles, transformers, mailboxes, etc. This application does not involve the
implementation of new public facilities and/or site improvements. As applicable, the
criterion is met.
5. The location and dimensions of existing and proposed driveways,
where applicable;
6. The location of existing and proposed street lighting: including the
type, height and area of illumination;
7. The location of existing and proposed transit Facilities;
Response: The Preliminary Plans detail the locations of existing driveways, access locations,
streetlights, and transit facilities. This application does not involve the design or
construction of new driveways, access locations, streetlights, or transit facilities. As
applicable, the criteria are met.
A copy of a Right-of-way Approach Permit application where the
property has frontage on an Oregon Department of Transportation
(ODOT) famlity; and
Response: The subject site does not front on an ODOT facility. The criterion is not relevant.
A Traffic Impact Study prepared by a Traffic Engineer, where
necessary, as specified in Section 4.2-105A.4.
Response: A Traffic Impact Study (TIS) is not required for this application because it does not involve
the improvement of land, construction of structures, and/or change of use that creates
new or additional vehicle impacts to the City's transportation system.
E. A Future Development Plan. Where phasing and/or lots/parcels that are
re than twice the minimum lot/parcel size are proposed, the Tentative
Plan shall include a Future Development Plan that
1. Indicates the proposed redivision, including the boundaries,
lot/parcel dimensions and sequencing of each proposed redivision
in any residential district, and sha0 include a plot plan showing
building footprints for compliance with the minimum residential
densities specified in Section 3.2-205.
2. Addresses street connectivity between the various phases of the
proposed development based upon compliance with TransPlan, the
Regional Transportation Plan (RTP), applicable Refinement Plans,
Plan Districts, Master Plans, Conceptual Development Plans, or the
Conceptual Local Street Map and this Code;
3. Accommodates other required public improvements, including, but
not limited to, sanitary sewer, stormwater management, water and
electricity;
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4. Addresses physical features, including, but not imited to, significant
clusters of trees and shrubs, watercourses shown on the Water
Quality Limited Watercourse Map and their associated riparian
areas, wetlands, rock outcroppings and historic features; and
5. Discusses the timing and financial provisions relating to phasing
Response: The Preliminary Plans include a Conceptual Future Development Plan that illustrates
potential future site improvements on the subject site. The plan includes the above listed
information, as applicable.
F. Additional information and/or applications required at the time of Tentative
Plan application submittal shall include the following items, where
applicable:
1. A briefnarradve explainingthe purpose ofthe proposed land division
and the existing use of the property;
Response: This written document includes an explanation of the purpose of the land use application
and the existing use of the property.
2. If the applicant is not the property owner, written permission from
the property owner is required;
Response: This City's application form, signed by the property owner, is included in Exhibit A.
3. A Vicinity Map drawn to scale showing bus stops, streets, driveways,
pedestrian connections, fire hydrants and other transportation/fire
issuesaccess within 200 feet of the proposed land division and all
existingPartitions or Subdivisions immediately adjacent to the
proposed land division;
Response: The Preliminary Plans (Exhibit B) include a vicinity map and other plans with the
information listed above, as applicable.
4. How the Tentative Plan addresses the standards of any applicable
overlay districq
Response: The subject property is designated Nodal Development (ND) Overlay District. This project
does not involve physical improvements, site alterations, or change of use. Therefore, the
standards of the overlay district are not relevant to this application.
5. How the Tentative Plan addresses Discretionary Use criteria, where
applicable;
Response: This application does not involve discretionary uses: any use not permitted outright in the
particular zoning district because of its potentially incompatible characteristics and
requiring additional governing body review. The criterion is not relevant.
6. A Tree Felling Permit as specified in Section 5.19-100;
Response: This application does not involve tree felling.
7. A Geotechnical Report for slopes of 15 percent or greater and a
specified in Section 3.3-500, and/or if the required Site Assessment
in Section 5.12-120B. indicates the proposed development area has
unstable soils and/or high water table as specified in the Soils Butxy
oFLsne Ccum)n
Response: This application does not involve land which contains slopes of 15% or greater.
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8. An Annexation application as specified in Section 5.7-100 where a
development is proposed outside of the city limits but within City's
urban growth boundary and can be serviced by sanimry sewer;
Response: This application does not involve annexation. The subject property is within the
Springfield City limits.
9. A wetland delineation approved by the Department of State Lands
shall be submitted concurrently where there is a wetland on the
property;
Response: The Preliminary Plans illustrate the location of wetlands. Concurrence from DSL is in
process.
10. Evidence that any required Federal or State permit has been applied
for or approved shall be submitted concurrently;
Response: The above criterion is not applicable to this application. To the extent federal or state
permits are relevant to other applications involving the subject property, they will be
obtained.
11. Ali public improvements proposed to be installed and to include the
approximate time ofinstallation and .method offinancing;
Response: As described in this written narrative, this application does not involve the installation of
public improvements.
12. Proposed deed restrictions and a draft ofa Homeowner's Association
Agreement' where appropriate;
Response: This application does not include deed restrictions or a draft homeowner's association
agreement.
13. Cluster Subdivisions shall also address the design standards
specified in Section 3.2-230;
14. Where the Subdivision of a manufactured dwelling park or .mobile
home park is proposed, the Director may waive certain submittal
requirements specified in Subsections A. through M. However, the
Tentative Plan shall address the applicable standards fisted under the
park Subdivision approval criteria specified in Section 5.12-125. (6286;
6211)
Response: This application does not involve a cluster subdivision or a manufactured dwelling park.
The above listed submittal requirements are not applicable.
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 ofland to a public agency, the Director
may waive any approval criteria upon determining the particular criterion can be
addressed as part ofa future development application.
A. The request conforms to the provisions of this Code pertaining to lot/parcel
size and dimensions.
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Response: As discussed in this written narrative, the subject site is associated with the Marcola
Meadows Final Master Plan (Local File No. 811-18-000054-TYP3). The property is
currently split zoned with Medium Density Residential (MDR) and Mixed -Use Commercial
(MUC) zoning designations. Approval of this Tentative Plan and recordation of a Final
Partition Plat will result in three parcels:
Adjusted Tax
Lot 1800
Planned Area
City of Springfield
Zoning Designation
Parcell
±15.01 acres
MUC
Parcell
±13.75 acres
MUC
Parcel
±63.46 acres
MDR
As noted in the table below, the three parcels created by this partition (above) comply
with the minimum lot size and dimensions of the designated base zone development
standards and generally follow existing zoning designation boundaries. These standards
are not particularly relevant as the purpose of this application is to prepare the site for
overall master plan improvements. The approval criterion is met.
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 subject site is consistent with and designated Commercial and Nodal Development
on the Metro Plan diagram. The subject site is not associated with a refinement plan, plan
district, or approved conceptual development plan.
C. Capacity requirements of pubfic and private facilities, including but not
limited to, water and electricity; sanitary sewer and stormwater management
Facilities; and streets and traffic safety controls shall not be exceeded and the
pubfic 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.
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Response: This application involves dividing a single unit of land into three units of land byway of a
partition. It does not include site alterations, physical improvements, or changes to the
use of the property such that the facilities listed above are impacted. This criterion is met.
D. The pmposedland division shall comply with all applicable public and private
design and construction standards contained in this Code and other
applicable regulations.
Response: This application does not involve or require public or private improvements. Therefore,
this criterion does not apply.
E. Physical features, including, but not limited to: steep slopes with unstable soil
or geologic conditions; areas with s sceptibaity of Flooding; significant
clusters ofo-ees and shrubs; watercourses shown on the WQLWMap and their
associated riparian a other riparian areas and wetlands specified in
Section 4.3-117; rock outcropping,, open spaces; and areas of historic and/or
archaeological significance, as may be specified in Section 3.3-900 or ORS
97.740-7601358.905-955 and 390.235-240, shall be protected as specified in this
Code or in Scute or Federal law.
Response: The subject site is not affected by the constraints described above. In addition, this
application does not involve alterations to the site. Therefore, this criterion is not
applicable.
F. Parking areas and ingress-cgress points have been designed m: fcifimte
vehicular o-affir, 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; minimize driveways on arterial and collector streets as specified
in this Code or other applicable regulations and comply with the MOT
access management standards for State highways.
Response: This application does not include parking areas and ingress -egress points. Therefore, this
criterion is not applicable.
G. Development ofany remainder ofthe property under the same ownership can
be accomplished as specified in this Code.
H. Adjacent land can be developed or is provided access that will allow its
development as specified in this Code.
Response: The above approval standards are understood. This application does not create
landlocked parcels. Adjacent land can be developed as specified in the SDC.
Where the Partition ofpmperty thatis outside ofthe citylimits butwithin the
City's urbanizable area and no concurrent annexation application is
submitted, the standards specified below shall also apply:
Response: The subject property is within the Springfield City limits. The criterion is not applicable,
and the additional standards have been omitted for brevity.
Where the Subdivision ofa manufcmred dwelling park or mobile home park
is proposed, the following approval criteria apply:
Response: This application does not involve a mobile home park. The above standard is not relevant
and the associated approval criteria have been omitted for brevity.
5.12-130 Tentative Plan Conditions
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To the extent necessary m satisfy the approval criteria ofSerdon 5.12-125, comply with
all applicable provisions of this Code and to mitigate identified negative impacts to
surrounding properties, the Director shall impose approval conditions. All conditions
shall be satisfied prior to Plat approval. Approval conditions may include, but are not
limited to:
Response: It is understood that the director may impose conditions of approval as stated above and
the conditions shall be satisfied prior to final partition plat approval. The list of potential
approval conditions has been omitted for brevity.
IV. Conclusion
The required findings have been made and this written narrative and accompanying documentation
demonstrate that the application is consistent with the applicable provisions of the City of Springfield
Development Code. The evidence in the record supports approval of the application and the City can rely
upon it for its approval of the application.
AVO Marcola Meadows— Cit/ of Springfield April 2020
Partition Land Use Application Page 13
AK
Exhibit A (UPDATED April 24,2020):
City Application Forms and Checklists
Oty of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Tentative Plan
Partition, Subdivision
k
Application Type (Applicant: check one)
Partition Tentative Pre -Submittal: Subdivision Tentative Pre -Submittal: ❑
Partition Tentative Submittal: Subdivision Tentative Submittal:
Required Project Information (Applicant: complete this section)
Applicant Name: Marcola Meadows Neighborh ad, LLC Phone: please contact consultant
Company: Marcola Meadows Neighborhood, LLC Fax: Please contact consultant
Address: 9550 SW Clackamas Road, Clackamas, OR 97015
Applicant's Rep.: Consultant: Chris Goodell
Phone, (503) 563-6151
Company: KS Engineering & Forestry, LLC
Fax: (5031563-6152
Address: 12965 SW Herman Avenue Suite 100 Tualatin OR 97062
Owner:
Phone: Please contact consultant
,Property
Company: N/A
Fax: Please contact consultant
Address: 9550 SE Clackamas Road Clackamas OR 97015
ASSESSOR'S MAP NO: 17032511 17023000
TA% LOT NOS : Adjusted Tax Lot 1800
Property Address: No situs northwest of Marcola Road and 315t Street
Size of Property; ±92 acres adjusted Acres 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: A3 -parcel Partition
Existing Use:
# of Lots Panels: 3 total acreage oT parcels/ Proposetl #TBO (school, church, etc.)
/ all wable densi t92 TBD Dwell Unita
Si natures: Please si n and rint vour name and date in thea ro riate box on the next a e.
Required Project Information (City Zntake Staff: complete this section)
Associated Applications: Signs:
Pre -Sub Case No.:
Date:
Reviewed by:
Case No.:
Date: 1 04/28/2020
Reviewed by:
811-20-000081-TYP2
Application Fee: 5938 Technical Fee: 296.90
TOTAL FEES: 6424'90 PROJECT NUMBER:
Posta a Fee: 190
811 18 000047-PROJ
Revised 1/7/14 kl 1 of 10
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.
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
timelines, Information, requests and requirements conveyed/oto my representative.
Date:Slit
at 1I77
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Print
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 227.176 pertaining to a
complete application.
aso¢^^ Date:
Signature
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Print
Total pre -submittal fees: $421.
Total submittal fees: %,424.90
55,938 (Tentative partition plan)
$295.90 (5% tech fee)
$190 (Public notification)
Revised 1/7114 kl 2 of 10
Land Division Tentative Application Process
1. Applicant Submits a Land Division Tentative Application for Pre -Submittal
• The application must conform to the Land Division Tentative Submittal Requirements
Checklist on pages 4-6 of this application packet.
• A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal
meetings are conducted every Tuesday and Friday, from 10:00 am - noon.
• Planning Division staff strives to conduct pre -submittal meetings within five to seven
working days of receiving an application.
2. Applicant and the City Conduct the Pre -Submittal Meeting
• The applicant, owner, and design team are strongly encouraged to attend the pre -
submittal meeting.
• The meeting is held with representatives from Public Works Engineering and
Transportation, Community Services (Building), Fire Marshall's office, and the Planning
Division and is scheduled for 30 to 60 minutes.
The Planner provides the applicant with a Pre -Submittal Checklist specifying the items
required to make the application complete if it is not already complete, and the
applicant has 160 days submit a complete application to the City.
3. Applicant Submits a Complete Application, City Staff Review the Application and
Issue a Decision
• A complete application must conform to the Land Division Tentative Submittal
Requirements Checklist on pages 4-6 of this application packet.
• A Type II decision, made after public notice, but without a public hearing, unless
appealed, is issued within 120 days of submittal of a complete application.
• Mailed notice is provided to property owners and occupants within 300 feet of the
property being reviewed and to any applicable neighborhood association. In addition,
the applicant must post one sign, provided by the City, on the subject property.
• There is a 14 -day public comment period, starting on the date notice is mailed.
• Applications are distributed to the Development Review Committee, and their
comments are incorporated into a decision that addresses all applicable approval
criteria and/or development standards, as well as any written comments from those
given notice.
• Applications may be approved, approved with conditions, or denied.
• At the applicant's request, the Planner can provide a copy of the draft land use decision
prior to issuing the final land use decision.
• The City mails the applicant and any party of standing a copy of the decision, which is
effective on the day it is mailed.
• The decision issued is the final decision of the City but may be appealed within 15
calendar days to the Planning Commission or Hearings Official.
Revised 1/7/14 kl 3 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 & Public
Works Department. Any applicable application, technology, and postage fees are collected
at the pre -submittal and submittal stages. A checkfor $421 is included (pre -submittal feel
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. Density - list the size of property (acres), maximum allowable density
and the density proposed.
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
the required neighboring property notification packet.
N/A❑ Right -of -Way Approach Permit Application provided where the property has frontage
on an Oregon Department of Transportation (ODOT) facility.
N/A❑ Three (3) Copies of the Stormwater Management System Study with Completed
Stormwater Scoping Sheet Attached - The plan, supporting calculations, and
documentation must be consistent with the Engineering Design Standards and Procedures
Manual.
N/A❑ 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.
VP Four (4) Copies of the Following Plan Sets for Pre -Submittal OR
Three (3) Copies of the Following Plan Sets:
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 BYx" by 11" and bound by rubber bands.
a. Site Assessment of Existing Conditions
Prepared by an Oregon licensed Landscape Architect or Engineer
Revised 1/7/14 kl 4 of 10
vicinity Map
IfThe 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.
VThe 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 & Public Works Department
N/A❑ 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
V"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 & Public Works Department
Physical features including, but not limited to trees 5" in diameter or greater when
measured 4 '/3 feet above the ground, significant clusters of trees and shrubs, riparian
areas, wetlands and rock outcroppings
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
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
Ooundaries 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
N/A ❑ Location and type of existing and proposed street lighting, including type, height, and
area of illumination
V1Location, widths, conditions, and names of all existing and proposed streets, alleys,
. 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.
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
Location and width of all existing and proposed sidewalks, sidewalk ramps, pedestrian
access ways and bike trails
Location, size and type of plantings and street trees in any required planter strip
Revised 1/7/14 kl 5 of 10
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
IfThe 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 Plan where phasing or large lots/parcels are proposed as specified
in SDC 5.12-120 E. INCLUDED ON EXISTING CONDITIONS PLAN
c. Stormwater Management Plan
Prepared by an Oregon licensed Civil Engineer
N/A ❑ Planting plan prepared by an Oregon licensed Landscape Architect where plants are
proposed as part of the stormwater management system
N/A ❑ Roof drainage patterns and discharge locations
Pervious and impervious area drainage patterns (EXISTING)
,eThe 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 (EXISTING)
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) (EXISTING)
N/A ❑ Amount of proposed cut and fill
le Additional Materials That May be Required INCLUDED, AS APPLICABLE
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 the development, a Land
and Drainage Alteration permit must be submitted prior to development
Revised 1/7/14 kl 6 of 10
❑ 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
Revised 1/7/14 kl 7 of 10
Exhibit B (UPDATED April 24,2020):
Preliminary Plans
MARCOLA MEADOWS
ADJUSTED TAX LOT 1800 PARTITION PLANS
VICINITY MAP
I"=2000'
SITE MAP
1"=250'
LAND USE PLANNING /
CIVIL ENGINEERING /
SURVEYING/LANDSCAPE
ARCHITECTURE:
AKS ENGINEERING & FORESTRY, LLC
CONTACT: CHRIS GOODELL
12965 SW HERMAN ROAD, SUITE 100
TUALATIN, OR 97062
PH: 503-563-6151
FAX: 503-563-6152
PROJECT PURPOSE:
PARRRON OF ADJUSTED TAX LOT 1800
OWNER/ APPLICANT:
MARCOLA MEADOWS NEIGHBORHOOD, LLC
9550 SE CLACKAMAS ROAD
CLACKAMAS. OR 97015
TAX LOT 1800
LANE COUNTY TAX MAP 17.0230
HORIZONTAL DATUM: SHEET INDEX
A LOCAL DATUM PLANE SCALED FROM
LEGEND
OREGON STATE PLANE SOUTH 3602
PO -00
COVER SHEET
NAD83(2011) EPOCH 2010.0000. THE STATE
Po -01
OVERALL EXISTING CONDITIONS PLAN
PLANE COORDINATES WERE DERIVED FROM
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EXISTING CONDITIONS PLAN
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EXISTING CONDITIONS PLAN
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EXISTING CONDITIONS PLAN
EXISTING LAND USE:
PO -05
EXISTING CONDITIONS PLAN
VACANT, UNDEVELOPED LAND
PO -06
EXISTING CONDITIONS PLAN
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PO -07
EXISTING CONDITIONS PLAN
PROJECT LOCATION:
PO -08
EXISTING CONDITIONS PLAN
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PREUMINARY PARTITION PLAT
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PREUMINANY AERIAL PHOTOGRAPH PLAN
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AK
Exhibit C: Property Ownership Information
Lane County Clerk 2019-057709
Lane County Deeds & Records
12/17/2019 01:24:05 PM
RPRDEEDCnt-1 Stn -a CASHIER 04 3pages
WHEN RECORDED RETURN TO: $15.00511.00510.00$61.00 $97.00
Marcola Meadows Neighborhood, LLC
9550 SE Clackamas Road
Clackamas, Oregon 97015
SPECIAL WARRANTY DEED
For valuable consideration, the receipt and sufficiency of which are acknowledged, MIDFIRSTBANK,a
federally chartered savings association ("Grantor"), conveys to MARCOLA MEADOWS
NEIGHBORHOOD LLC, an Oregon limited liability company ("Grantee"), the following real property
situated in City of Springfield, County of Lane, State of Oregon, together with all appurtenant interests,
benefits, rights, and privileges and any improvements located thereon (collectively, the "Property").
See Exhibit "A" attached hereto and incorporated by this reference.
Subject to all current taxes and assessments, all matters of record, and all matters that would be
revealed by an accurate ALTA Survey or physical inspection of the Property, Grantor agrees m warrant and
defend Grantee's title to the Property against the acts of Grantor, but none other.
DATED as ofDecember/7, 2019.
MidFirst Bank, a federally chartered savings association
By: 11
EIIio[.I sen
Its: Senior Vice President
:9W.�Ki]IF.A7V.6Pk1
ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this Mgday of December, 2019, by Elliot
Jensen, a Senior Vice President of Mid First Bank, a federally chartered savings association, for the purposes
therein contained.
Notary Public
ADRIANA MOLDOVAN
tldYy Pudic- Sa19 d AtlzMi
MARICOPACOUMY
MY � Expires
M W 2k 2010
Exhibit "A"
Legal Description of Property
That certain real property situated in County of Lane, State of Oregon and legally described as follows
PARCEL 1:
BEGINNING ATA POINT ON THE NORTH RIGHT-OF-WAY LINE OF MARCOLA ROAD, SAID POINT BEING
NORTH 890 57' 30" EAST 2611.60 FEET AND NORTH 00° 02' 00" WEST 45.00 FEET FROM THE
SOUTHWEST CORNER OF THE FELIX SCOTT JR. D.L.C. NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3
WEST OF THE WILLAMETTE MERIDIAN; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF
MARCOLA ROAD SOUTH 890 5730" WEST 1419.22 FEET TO THE SOUTHEAST CORNER OF PARCEL 1 OF
LAND PARTITION PLAT NO. 94-P0991; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF
MARCOLA ROAD AND RUNNING ALONG THE EAST BOUNDARY OF SAID PARCEL 1 AND THE NORTHERLY
EXTENSION THEREOF NORTH 000 02'00" WEST 516.00 FEET TO A POINT ON THE SOUTH BOUNDARY
OF NICOLE PARK AS PLATTED AND RECORDED IN FILE 74, SLIDES 30-33 OF THE LANE COUNTY
OREGON PLAT RECORDS; THENCE ALONG THE SOUTH BOUNDARY OF SAID NICOLE PARK NORTH 89-
57' 30" EAST 99.62 FEET TO THE SOUTHEAST CORNER OF SAID NICOLE PARK; THENCE ALONG THE
EAST BOUNDARY OF SAID NICOLE PARK NORTH 000 02'00" WEST 259.82 FEET TO THE NORTHEAST
CORNER OF SAID NICOLE PARK, THENCE ALONG THE NORTH BOUNDARY OF SAID NICOLE PARK
SOUTH 89° 58'00" WEST 6.20 FEET TO THE SOUTHEAST CORNER OF LOCH LOMOND TERRACE FIRST
ADDITION, AS PLATTED AND RECORDED IN BOOK 46, PAGE 20 OF THE LANE COUNTY OREGON PLAT
RECORDS; THENCE ALONG THE EAST BOUNDARY OF SAID LOCH LOMOND TERRACE FIRST ADDITION
NORTH 000 02'00" WEST 112.88 FEET TO THE SOUTHWEST CORNER OF AUSTIN PARK SOUTH, AS
PLATTED AND RECORDED IN FILE 74, SLIDES 132-134 OF THE LANE COUNTY PLAT RECORDS; THENCE
ALONG THE SOUTH BOUNDARY OF SAID AUSTIN PARK SOUTH NORTH 890 58'00" EAST 260.00 FEET
TO THE SOUTHEAST CORNER OF SAID AUSTIN PARK SOUTH, THENCE ALONG THE EAST BOUNDARY OF
SAID AUSTIN PARK SOUTH NORTH 000 02'00" WEST 909.69 FEET TO THE NORTHEAST CORNER OF
SAID AUSTIN PARK SOUTH, SAID POINT BEING ON THE SOUTH BOUNDARY OF THAT CERTAIN TRACT
OF LAND DESCRIBED IN A DEED RECORDED JULY 31, 1941 IN BOOK 359, PAGE 285 OF THE LANE
COUNTY OREGON DEED RECORDS; THENCE ALONG THE SOUTH BOUNDARY OF SAID LAST DESCRIBED
TRACT NORTH 790 41' 54" EAST 1083.15 FEET TO THE INTERSECTION OF THE SOUTH LINE OF THE
LAST DESCRIBED TRACT AND THE EAST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO R. H.
PIERCE AND ELIZABETH C. PIERCE AND RECORDED IN BOOK 238, PAGE 464 OF THE LANE COUNTY
OREGON DEED RECORDS; THENCE ALONG THE EAST LINE OF SAID LAST DESCRIBED TRACT SOUTH
00° 02'00" EAST 1991.28 FEET TO THE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON.
PARCEL 2:
BEGINNING AT A POINT IN THE CENTER OF COUNTY ROAD NO. 753, 3470.24 FEET SOUTH AND 1319.9
FEET EAST OF THE NORTHWEST CORNER OF THE FELIX SCOTT DONATION LAND CLAIM NO. 82, IN
TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, AND BEING 866 FEET SOUTH
OF THE SOUTHEAST CORNER OF TRACT OF LAND CONVEYED BY THE TRAVELERS INSURANCE
COMPANY TO R. D. KERCHER BY DEED RECORDED IN BOOK 189, PAGE 268, LANE COUNTY OREGON
DEED RECORDS; THENCE WEST 1310 FEETTO A POINT 15 LINKS EAST OF THE WEST LINE OF THE
FELIX SCOTT DONATION LAND CLAIM NO. 82, NOTIFICATION NO. 3255, IN TOWNSHIP 17 SOUTH,
RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, AND RUNNING THENCE SOUTH PARALLEL WITH AND
15 LINKS DISTANT FROM SAID WEST LINE OF SAID DONATION LAND CLAIM A DISTANCE OF 2304.76
FEET TO A POINT 15 LINKS EAST OF THE SOUTHWEST CORNER OF SAID DONATION LAND CLAIM,
THENCE EAST FOLLOWING ALONG THE CENTER LINE OF COUNTY ROAD NO. 278 A DISTANCE OF 1310
FEET TO A POINT IN THE CENTER OF SAID COUNTY ROAD NO. 278 DUE SOUTH OF THE PLACE OF
BEGINNING; THENCE NORTH FOLLOWING THE CENTER LINE OF SAID COUNTY ROAD NO. 753 TO THE
POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON;
EXCEPT THE RIGHT OF WAY OF THE EUGENE-WENDLING BRANCH OF THE SOUTHERN PACIFIC
RAILROAD;
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO THE CITY OF EUGENE, RECORDED IN BOOK
359, PAGE 285, LANE COUNTY OREGON DEED RECORDS;
ALSO EXCEPT BEGINNING AT A POINT WHICH IS 1589.47 FEET SOUTH AND 1327.33 FEET EAST OF
THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 17 SOUTH, RANGE 2 WEST, WILLAMETTE
MERIDIAN, LANE COUNTY, OREGON, SAID POINT ALSO BEING OPPOSITE AND 20 FEET EASTERLY
FROM STATION 39+59.43 P.O.S.T., SAID STATION BEING IN THE CENTER LINE OF THE OLD ROUTE OF
COUNTY ROAD NO. 142-5 (FORMERLY NO. 753); THENCE SOUTH 00 11' WEST 183.75 FEET TO THE
INTERSECTION WITH THE NORTHERLY RAILROAD RIGHT OF WAY LINE; THENCE SOUTH 840 45' WEST
117.33 FEET; THENCE SOUTH 790 30' WEST 48.37 FEET TO THE INTERSECTION OF SAID RAILROAD
RIGHT OF WAY LINE WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE RELOCATED SAID COUNTY
ROAD. 742-5; THENCE ALONG THE ARC OF A 316.48 FOOT RADIUS CURVE LEFT (THE CHORD OF
WHICH BEARS NORTH 390 03'35" EAST 261.83 FEET) A DISTANCE OF 269.94 FEET TO THE PLACE OF
BEGINNING, IN LANE COUNTY, OREGON;
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO LANE COUNTY RECORDED OCTOBER 19, 1955,
RECEPTION NO. 68852, LANE COUNTY OREGON DEED RECORDS;
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO LANE COUNTY RECORDED JANUARY 20, 1986,
RECEPTION NO. 86-02217, LANE COUNTY OFFICIAL RECORDS;
ALSO EXCEPT THAT PORTION DESCRIBED IN THAT DEED TO WILLAMALANE PARK AND RECREATION
DISTRICT RECORDED DECEMBER 04, 1992, RECEPTION NO. 92-68749, AND CORRECTION DEED
RECORDED FEBRUARY 09, 1993, RECEPTION NO. 93-08469, LANE COUNTY OFFICIAL RECORDS;
ALSO EXCEPT THAT PORTION DESCRIBED IN EXHIBIT A OF THAT DEED TO THE CITY OF SPRINGFIELD,
RECORDED SEPTEMBER 22, 1993, RECEPTION NO. 93-60016, LANE COUNTY OFFICIAL RECORDS.
ALSO EXCEPT MARCOLA ROAD INDUSTRIAL PARK, AS PLATTED AND RECORDED IN FILE 75, SLIDES
897, 898 AND 899, LANE COUNTY PLAT RECORDS, LANE COUNTY, OREGON.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS, PARKING AND SIGN PURPOSES AS DESCRIBED IN THAT
CERTAIN RECIPROCAL EASEMENT AGREEMENT, RECORDED APRIL 22, 1994, RECEPTION NO. 94-29763,
LANE COUNTY OFFICIAL RECORDS.
PARCEL 4
AN EASEMENT FOR INGRESS, EGRESS AND PARKING AS DESCRIBED IN THAT CERTAIN DECLARATION
OF RESTRICTIONS AND GRANT OF EASEMENTS, RECORDED MARCH 17, 1989, RECEPTION NO. 89-
11762, AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND
GRANT OF EASEMENTS, RECORDED OCTOBER 31, 1989, RECEPTION NO. 89-49055, AS MODIFIED BY
THAT CERTAIN RESTATED DECLARATION RESTRICTIONS AND GRANT OF EASEMENTS, RECORDED MAY
10, 1991, RECEPTION NO. 91-21698, ALL OF LANE COUNTY OFFICIAL RECORDS.
NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 1, 2008
®pALTA Commitment for Title Insurance
)G—
First American ISSUED BY
Commitment First American Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENTTO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions,
FirstAmerican Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within 90 days after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
First American
Title Insurance Company
Danlos d. c;i(m/era
Plasidenl
Joay5_ Raknson
Secretary
If this jacket was created electronically, it constitutes an original document
This page is only a partofa 2016 AL TAO Comnxb nt for Title Insurance isuedby RrstA7wiran Title Insumx Congeny. 7h& Cbnwx ends nwt
valid ewthcut the Notice; the CoarTno ent to &sue Pobcy; the Cbnwx tent Conditions; Schedule A� Schedule 8, part I-Requirenren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted m ALTA licensees and ALTA nnerbers in good standing as of the date of use. NI other uses
are orohihited. Reprinted under license fire. the American Land Title Association.
1. DEFINITIONS
(a) "Knowledge" or" Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Rem rds.
(b) "Land": The land described in Schedule Aand affixed improvements that bylaw constitute real property. The tam "Land"
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extant
that a right of access wand from the Landis to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized
by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by
the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule Aas the Proposed Policy Amountofeach Policy to be
issued pursuant to this Commitment.
(g) "Public Records": Records established understate statutes at the Commitment Data for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue
Policy, this Commitment terrnnates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Comrnibnent is not valid without
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Comrnibnent at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Data, any liability of the
Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Comrnibnent
S. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the
interval between the Company's delivery to the Proposed Insured of the Comrnit ent and the delivery of the amended
Commitment, resulting from the Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title orcreate the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Comrnitrrent Condition 5(a) if the Proposed Insured requested the amendment or had
Knowledge of the matterand did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Comrnibnent was first delivered to the Proposed Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and
described in Commitment Conditions 5(axi) through 5(axiii) or the Proposed Policy Amount
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Comrnit ent unless all of the Schedule B,
Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company's liability is limited by the terms and provisions of the Policy.
This page is only a partofs 2016 AL TAO Commibrent for The Insurance issued by HatA7wiran The Insuma Corryvny. 7h& Commibrentis not
valid Wthout the Notice; the Commibrent io Issue ibk y; the Gmmibrent Conditions Schedule a Schedule B P.&I-Requirernen&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Association. All rights reserved.
The use of this Forth (or any derivative thereof) is restricted b ALTA licensees and ALTA members in good standing as of the date of use. NI other uses
are mhihited. Recanted under license from de Amenon Land Title Asodatbn.
S. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terns and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with
respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide
coverage beyond the terns and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be
under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the lirnited purpose of issuing title insurance comrnitments and policies. The
issuing agent is not the Company's agent for the purpose of providing closing or settlement services.
S. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company
may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed
Insured, nor is it a commitment to insure.
This page is only a partofs 2016 AL TAO Commibrent for Title Insurance issued by HatA7wiran Title lmuma Corryvny. 7h& Commibrentis not
valid ewthcut the Notice; the Commibrent io Esse ybk y; He Gmmibrent Conditions Schedule a Schedule B part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Association. All rights reserved.
The use of this Forth (or any derivative thereof) is restrictad b ALTA licensees and ALTA members in good standing as of the date of use. NI other uses
are prohibited. Recanted under license from de American Land Title Asodatbn.
�,s.t ALTA Commitment for Title Insurance
j irstAmezican ISSUED BY
Schedule A First American Title Insurance Company
Transacdw Identification Data for reference only.
Issuing Agent: First American Title Insurance Company National
Issuing Office: 2425 E. Camelback Road, Suite 300,
Commercial Services
Phoenix, AZ 85016
Issuing Office's ALTA& Registry ID:
Loan ID No.:
Commitment No.: NCS-935055A-PHX1
Issuing Office File No.: NCS-935055A-PHX1
Property Address: Lane County, OR, Springfield, OR
Revision No.:
SCHEDULE A
1. Commitment Date: March 24, 2020 at 8:00 a.m.
2. Policy to be issued:
(a) 0 2006 ALTA& Owners Policy
Proposed Insured: To Be Determined
Proposed Policy Amount: $TBD $TBD
(b) 0 2006 ALTA& Loan Policy
Proposed Insured:To Be Determined
Proposed Policy Amount: $TBD $TBD
(c) ❑ ALTA& Policy
Proposed Insured:
Proposed Policy Amount: $
3. The estate or interest in the Land described or referred to in this Commitment is
Fee Simple
4. The Title is, at the Commitment Date, vested in:
Marcola Meadows Neighborhood LLC, an Oregon Limited Liability Company
S. The Land is described as follows:
See Exhibit "A" attached hereto and made a part hereof
FIRSTAMERICAN TITLEINSURANCE COMPANY
By:
Authorized Signatory
If there are any questions concerning this Commitment, please contact:
This page & only a part ofe 2016 AL TAO Conwwor snt for Title Lsur isuedby HatA7wiran Tide Insurance Corryeny. 7h& Cbnwwo ent& wt
valid ewthout the liotim; the Commibrent m &sue Poicy; the Coanworent Conditions; Schedule A� Schedule 8, part I-Requirenren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land'Fide Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted m ALTA licensees and ALTA nerbers in good standing as of the date of use. NI other uses
are txohibited. Recanted under license from the Americen Land Title Association.
Angelique Sizemore at asizemom@frstam.com
First American Title Insurance Company National Commercial Services
2425 E. Camelback Road, Suite 300
Phoenix, AZ 85016
(602)567-8100 phone
This page isonly a partofs 2016 AL TAO Commit ant for Title Luur issued by HatA7wiran Title Lhsuma Corryvny. 7h&Cbnwws antis cwt
valid ewthrut the Notice; the Commnt w fss s ibk y; the Commit &Conditions Schedulea Schedule B part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Association. All rights reserved.
The use of this Forth (or any derivative thereof) is restiicIed to ALTA licensees and ALTA men8ers in good slandng as of the date of use. NI other uses
are tvohibited. RerrinRd under license firm de A.H.n Land Title Association.
ALTA Commitment for Title Insurance
First American ISSUED BY
Schedule BI & BI First American Title Insurance Company
[C -r7.. IRNrrrd0rM0 N.'$xilfxiYlCJ:f a
SCHEDULE B, PART
Requirements
Al of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
This page is only a part ofa 2016 AL TAO Conwxb ant for Title boor issued by HatA7wiasn Title Ireumn ConWny. 7h& Commibrent is wt
valid Wthout the Notice; the Commibrent to &sue Pobcy; the Commibrent Conditiom; Schedule A� Schedule 8, part I -Requite ren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land title Association. All rights reserved.
The use of this Form (or any derivative thereof) is nesoic�d m ALTA licensees and ALTA nerbers in good slandng as of the date of use. NI other uses
are orohihited. ReorinRd under license from the American Land Title Association.
j f ALTA Commitment for Title Insurance
FII SL{ ,4.wczic�w ISSUED BY
Schedule BI & BII (Cont. First American Title Insurance Company
[C -r7.. IRNrrrd0rM0 N.'$xilfxiYlCJ:f fl
SCHEDULE B, PARTII
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
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 (of existing improvements located on the Land onto adjoining land or of existing
improvements located on adjoining land onto the Land), encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be disclosed by an accurate and complete land
survey of the Land.
S. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the
Public Records at Date of Policy and not otherwise excepted from coverage herein.
6. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I -Requirements are met.
7. Water rights, claims to water or title to water, whether or not such rights are a matter of public
record.
8. City liens, if any, of the City of Springfield.
This page is only a portofa 2016 AL TAO Comnxb nt for Title Insurance isuedby RrstA7wiasn Title Imumnce Corryeny. 7h& Cbnwx ente; wt
valid rwtheut the Notice; the Commibrent m &sue Pobcy; the Cbnwx tent Conditions; Schedule A� Schedule 8, part I-Requirenren&; Schedule 8, Pan
II{xrepbons.
Copyright 2066-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative 0iereof) is restricted m ALTA licensees and ALTA nerbers in good standing as of the date of use. NI other uses
are txohibited. Recanted under license from the Arrerian Land Title Associatbn.
Note: There are no liens as of March 17, 2020. Al outstanding utility and user fees are not liens and
therefore are excluded from coverage.
9. 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 slough and the ownership of the State of Oregon
in that portion lying below the high water mark of slough.
(Affects Parcel I)
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.
11. Easement, including terms and provisions contained therein:
Recording Information: May 01, 1919 in Book 119, Page 560, Deed Records of Lane County, Oregon
In favor of: Benham Irrigation Company
For: None Shown
Affects: Parcels I and II
12. Easement, including terms and provisions contained therein:
Recording Information: July 17, 1919 in Book 121, Page 66, Deed Records of Lane County, Oregon
In favor of: Benham Irrigation Company
For: to construct and maintain a ditch
Affects: Parcel I
13. Easement, including terms and provisions contained therein:
Recording Information: March 16, 1925 in Book 142, Page 450, Deed Records of Lane County,
Oregon
In favor of: City of Eugene, Oregon, a Municipal corporation, by and through the Eugene Water
Board
For: right of way
Affects: Parcels I and II
14. Easement, including terms and provisions contained therein:
Recording Information: July 12, 1937 in Book 188, Page 452, Deed Records of Lane County, Oregon
In favor of: The City of Eugene, a municipal corporation, by and through the Eugene Water Board
For: electric transmission line
Affects: Parcel I
15. Easement, including terms and provisions contained therein:
Recording Information: November 17, 1961, Reception No. 50778
In favor of: City of Springfield
For: None Shown
Affects: Parcels I and II
16. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: March 17, 1989, Reception No. 89-11762
(Affects Parcel I)
Modification and/or amendment by instrument:
Recording Information: October 31, 1989, Reception No. 89-49055
This page isonly a partofa 2016 AL TAO Commibrent for Title Luur issued by HatA7reiran Title lmuma Corryeny. 7h& Conmibrentis wt
valid ewthout the Notice; the Commnt to &sue Pokey the Commibrent Conditions Schedulea Schedule B part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Associadon. All righm reserved.
The use of this Forth (or any derivative thereof) is restiicIed to ALTA licensees and ALTA members in good sundng as of the dare of use. NI other uses
are tvohibited. ReonnRd under license from the Amenon Land Title Aaeodati n.
Modification and/or amendment by instrument:
Recording Information: May 10, 1991, Reception No. 91-21698
Modification and/or amendment by instrument:
Recording Information: November 02, 1994 as Instrument No. 1994-77951
17. Easement, including terms and provisions contained therein:
Recording Information: March 20, 1989, Reception No. 89-11838
In Favor of: Springfield School District No. 19
For: None Shown
Affects: Parcel I
18. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: May 10, 1991, Reception No. 91-21696
(Affects Parcel I)
Modification and/or amendment by instrument:
Recording Information: October 01, 1993 as Instrument No. 1993-62649
Modification and/or amendment by instrument:
Recording Information: October 12, 1993 as Instrument No. 1993-65168
19. Easement, including terms and provisions contained therein:
Recording Information: September 22, 1993 as Instrument No. 1993-60016
In Favor of: City of Springfield
For: None Shown
Affects: Parcel II
20. Easement, including terms and provisions contained therein:
Recording Information: March 25, 1994 as Instrument No. 199 4-2 198 1
In Favor of: City of Springfield
For: None Shown
Affects: Parcel II
21. Reciprocal Easement Agreement and the terns and conditions thereof:
By and Between: Allan H. Pierce and James L. Hershner, trustees under the Wills of Ralph H. Fierce
and Elizabeth C. Pierce, deceased
Recording Information: April 22, 1994 as Instrument No. 1994-29763
22. Declarations of Restrictions, including terns and provisions thereof.
Recorded: October 19, 2007 as Instrument No. 2007-071865
23. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: July 03, 2008 as Instrument No. 2008-039321
This page isonly a partofa 2016 AL TAO Commibant for Title Luur issued by HatA7wiran Title lmuma Corryeny. 7h& Conmibrentis wt
valid ewthout the Notice; the Commnt to &sue Poky; the Commibrent Conditions Schedulea Schedule B part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Associadon. All rights reserved.
The use of this Forth (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good stendng as of the dare of use. NI other uses
are prohibited. Reprinted under lirense from die Amencan Lard Title Aaeodati n.
Modification and/or amendment by instrument:
Recording Information: August 17, 2018 as Instrument No. 2018-038501
24. The Villages at Marcola Meadows Final Master Plan, including terns and provisions thereof.
Recorded: July 25, 2008 as Instrument No. 2008-0043041
Modification and/or amendment by instrument:
Recording Information: August 07, 2015 as Instrument No. 2015-039630
25. Easement, including terms and provisions contained therein:
Recording Information: June 11, 2009 as Instrument No. 2009-031683
In Favor of: City of Springfield, acting by and through its Springfield Utility Board
For: right of way
26. Declaration of Restriction, including terms and provisions thereof.
Recorded: August 17, 2018 as Instrument No. 2018-038502
27. Declaration of Restriction and Consent, including terms and provisions thereof.
Recorded: August 17, 2018 as Instrument No. 2018-038503
28. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: Marcola Meadows Neighborhood, LLC
Grantee/Beneficiary: Construction Loan Services, LLC
Trustee: Trustee Service, Inc.
Amount: $6,179,644.05
Recorded: December 17, 2019
Recording Information: Instrument No. 20 19-05 77 10
Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on said
obligation is to be paid in full in the forthcoming transaction, confirmation should be made that the
beneficiary will issue a proper request for full reconveyance.
The beneficial interest under said Deed of Trust has been assigned to Builders Capital Opportunity
Fund, LLC, by Assignment recorded February 24, 2020, as Instrument No. 2020-009040.
29. Any conveyance or encumbrance by Marcola Meadows Neighborhood LLC should be executed
pursuant to their Operating Agreement, a copy of which should be submitted to this office for
inspection.
30. Unrecorded leases or periodic tenancies, if any.
31. There are various ongoing closures and inaccessibility of certain records in counties and
municipalities across the county due to the COVID-19 Emergency. If unable to record documents in
the Public Records due to closure or inaccessibility, execution of a Declaration of Understanding and
Indemnity and Hold Harmless Agreement Due to the COVID-19 Emergency is required by the parties
to the contemplated transaction. Contact the Company prior to closing as additional requirements
and/or exceptions may be added based on the facts and circumstances of the transaction.
-END OF EXCEPTIONS -
This page isonly a partofa 2016 AL TAO Commibant for Title Luur issued by HatA7wiarn Title lmuma Corryeny. 7h& Conmibrentis wt
valid Wthout the Notice; the Commnt to By Pokey the Commibrent Conditions Schedulea Schedule B part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Association. All rights reserved.
The use of this Forth (or any derivative thereof) is restricted to ALTA licensees and ALTA men8ers in good shndng as of the date of use. NI other uses
are prohibited. Reprinted under lirense from die Amencan Lard Title Aaeodati n.
INFORMATIONAL NOTES
NOTE: We find no matters of public record against TBD that will take priority over any trust deed,
mortgage or other security instrument given to purchase the subject real property as established by
ORS 18.165.
NOTE: Taxes for the year 2019-2020 PAID IN FULL
Tax Amount: $63,147.72
Map No.: 17-02-30-00-01800
Property ID: 0113785
Tax Code No.: 01900
(Affects Parcel II)
NOTE: Taxes for the year 2019-2020 PAID IN FULL
Tax Amount: $54,360.36
Map No.: 17-03-25-11-02300
Property ID: 1517653
Tax Code No.: 01900
(Affects Parcel I)
NOTE: This Preliminary Title Report does not include a search for Financing Statements filed in the
Office of the Secretary of State, or in a county other than the county wherein the premises are
situated, and no liability is assumed if a Financing Statement is fled in the Office of the County Clerk
covering Fixtures on the premises wherein the lands are described other than by metes and bounds
or under the rectangular survey system or by recorded lot and block.
NOTE: According to the public record, the following deed(s) affecting the property herein described
have been recorded within 24 months of the effective date of this report: Special Warranty Deed
recorded December 17, 2019 as Instrument No. 2019-057709, Mid First Bank to Marcola Meadows
Neighborhood LLC.
Situs Address as disclosed on Lane County Tax Roll
Not Yet Assigned, Springfield, OR 97477
The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional exceptions
to coverage may be added upon review of such information:
Survey or alternative acceptable to the Company
Affidavit regarding possession
Proof that there is no new construction or remodeling of any improvement located on the Land.
In the event of new construction or remodeling the following is required:
i. Satisfactory evidence that no construction liens will be fled; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required by the Industry Rate Filing approved by the
Insurance Division of the State of Oregon
This page isonly a partofa 2016 AL TAO Commibantfor Title Insurance issued by HatA7wiran Title lmuma Corryeny. 7h& Conmibrentis wt
valid ewthcut the Notice; the Commnt to Bs Poky; the Commibrent Conditions Schedulea Schedule B part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Association. All rights reserved.
The use of this Forth (or any derivative thereof) is restiicIed to ALTA licensees and ALTA m n8ers in good slandng as of the date of use. NI other uses
are txohibited. Recanted under license from doe Amencan Land Title Aaeodati n.
ISSUED BY
First American First American Title Insurance Company
Exhibit A File No: NCS-935055A-PHX1
File No.: NCS-935055A-PHX1
The Land referred to herein below is situated in the County of Lane, State of Oregon, and is described as follows
PARCEL 1:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF MARCOLA ROAD, SAID POINT BEING NORTH 89e 57
30" EAST 2611.60 FEET AND NORTH 000 02'00" WEST 45.00 FEET FROM THE SOUTHWEST CORNER OF THE FELIX
SCOTT JR. D.L.C. NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE ALONG
THE NORTH RIGHT-OF-WAY LINE OF MARCOLA ROAD SOUTH 890 57' 30" WEST 1419.22 FEET TO THE SOUTHEAST
CORNER OF PARCEL 1 OF LAND PARTITION PLAT NO. 94-F0491; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE
OF MARCOLA ROAD AND RUNNING ALONG THE EAST BOUNDARY OF SAID PARCEL 1 AND THE NORTHERLY EXTENSION
THEREOF NORTH 000 02'00" WEST 516.00 FEET TO A POINT ON THE SOUTH BOUNDARY OF NICOLE PARK AS
PLATTED AND RECORDED IN FILE 74, SLIDES 30-33 OF THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG
THE SOUTH BOUNDARY OF SAID NICOLE PARK NORTH 890 57' 30" EAST 99.62 FEET TO THE SOUTHEAST CORNER OF
SAID NICOLE PARK; THENCE ALONG THE EAST BOUNDARY OF SAID NICOLE PARK NORTH 000 02' 00" WEST 259.82
FEET TO THE NORTHEAST CORNER OF SAID NICOLE PARK, THENCE ALONG THE NORTH BOUNDARY OF SAID NICOLE
PARK SOUTH 890 58'00" WEST 6.20 FEET TO THE SOUTHEAST CORNER OF LOCH LOMOND TERRACE FIRST ADDITION,
AS PLATTED AND RECORDED IN BOOK 46, PAGE 20 OF THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG
THE EAST BOUNDARY OF SAID LOCH LOMOND TERRACE FIRST ADDITION NORTH 000 02' 00" WEST 112.88 FEET TO
THE SOUTHWEST CORNER OF AUSTIN PARK SOUTH, AS PLATTED AND RECORDED IN FILE 74, SLIDES 132-134 OF THE
LANE COUNTY PLAT RECORDS; THENCE ALONG THE SOUTH BOUNDARY OF SAID AUSTIN PARK SOUTH NORTH 890 58'
00" EAST 260.00 FEET TO THE SOUTHEAST CORNER OF SAID AUSTIN PARK SOUTH, THENCE ALONG THE EAST
BOUNDARY OF SAID AUSTIN PARK SOUTH NORTH 000 02'00" WEST 909.69 FEET TO THE NORTHEAST CORNER OF
SAID AUSTIN PARK SOUTH, SAID POINT BEING ON THE SOUTH BOUNDARY OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN A DEED RECORDED JULY 31, 1941 IN BOOK 359, PAGE 285 OF THE LANE COUNTY OREGON DEED
RECORDS; THENCE ALONG THE SOUTH BOUNDARY OF SAID LAST DESCRIBED TRACT NORTH 790 41'54" EAST 1083.15
FEET TO THE INTERSECTION OF THE SOUTH LINE OF THE LAST DESCRIBED TRACT AND THE EAST LINE OF THAT
CERTAIN TRACT OF LAND CONVEYED TO R. H. PIERCE AND ELIZABETH C. PIERCE AND RECORDED IN BOOK 238, PAGE
464 OF THE LANE COUNTY OREGON DEED RECORDS; THENCE ALONG THE EAST LINE OF SAID LAST DESCRIBED
TRACT SOUTH 000 02'00" EAST 1991.28 FEET TO THE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON.
PARCEL 2:
BEGINNING AT A POINT IN THE CENTER OF COUNTY ROAD NO. 753, 3470.24 FEET SOUTH AND 1319.9 FEET EAST OF
THE NORTHWEST CORNER OF THE FELIX SCOTT DONATION LAND CLAIM NO. 82, IN TOWNSHIP 17 SOUTH, RANGE 2
WEST OF THE WILLAMETTE MERIDIAN, AND BEING 866 FEET SOUTH OF THE SOUTHEAST CORNER OF TRACT OF LAND
CONVEYED BY THE TRAVELERS INSURANCE COMPANY TO R. D. KERCHER BY DEED RECORDED IN BOOK 189, PAGE
268, LANE COUNTY OREGON DEED RECORDS; THENCE WEST 1310 FEET TO A POINT 15 LINKS EAST OF THE WEST
LINE OF THE FELIX SCOTT DONATION LAND CLAIM NO. 82, NOTIFICATION NO. 3255, IN TOWNSHIP 17 SOUTH,
RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, AND RUNNING THENCE SOUTH PARALLEL WITH AND 15 LINKS
DISTANT FROM SAID WEST LINE OF SAID DONATION LAND CLAIM A DISTANCE OF 2304.76 FEET TO A POINT 15
LINKS EAST OF THE SOUTHWEST CORNER OF SAID DONATION LAND CLAIM, THENCE EAST FOLLOWING ALONG THE
CENTER LINE OF COUNTY ROAD NO. 278 A DISTANCE OF 1310 FEET TO A POINT IN THE CENTER OF SAID COUNTY
ROAD NO. 278 DUE SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH FOLLOWING THE CENTER LINE OF SAID
This page is only a part ofe 2016 AL TAO Conwxb ant for Title Insurance issued by HatA7vviasn Title Ireumn Corryuny. 7h&Coni ent&rwt
valid ewthcut the Notion; the Cbnmi nt to Issue Pobcy; the Conmibrent Conditiom; Schedule A� Schedule 8, part I-Requirerren&; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted m ALTA licensees and ALTA rnerbers in good standing as of the date of use. NI other uses
are orohibited. Recanted under license form tine American Land Title Association.
COUNTY ROAD NO. 753 TO THE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON;
EXCEPT THE RIGHT OF WAY OF THE EUGENE-WENDLING BRANCH OF THE SOUTHERN PACIFIC RAILROAD; ALSO
EXCEPT THAT PORTION DESCRIBED IN DEED TO THE CITY OF EUGENE, RECORDED IN BOOK 359, PAGE 285, LANE
COUNTY OREGON DEED RECORDS;
ALSO EXCEPT BEGINNING AT A POINT WHICH IS 1589.47 FEET SOUTH AND 1327.33 FEET EAST OF THE SOUTHWEST
CORNER OF SECTION 19, TOWNSHIP 17 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, LANE COUNTY, OREGON,
SAID POINT ALSO BEING OPPOSITE AND 20 FEET EASTERLY FROM STATION 39+59.43 P.O.S.T., SAID STATION BEING
IN THE CENTER LINE OF THE OLD ROUTE OF COUNTY ROAD NO. 142-5 (FORMERLY NO. 753); THENCE SOUTH 00 11'
WEST 183.75 FEET TO THE INTERSECTION WITH THE NORTHERLY RAILROAD RIGHT OF WAY LINE; THENCE SOUTH
840 45' WEST 117.33 FEET; THENCE SOUTH 790 30' WEST 48.37 FEET TO THE INTERSECTION OF SAID RAILROAD
RIGHT OF WAY LINE WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE RELOCATED SAID COUNTY ROAD. 742-5;
THENCE ALONG THE ARC OF A 316.48 FOOT RADIUS CURVE LEFT (THE CHORD OF WHICH BEARS NORTH 39° 03-35--
EAST
3'35"EAST 261.83 FEET) A DISTANCE OF 269.94 FEET TO THE PLACE OF BEGINNING, IN LANE COUNTY, OREGON;
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO LANE COUNTY RECORDED OCTOBER 19, 1955, RECEPTION NO.
68852, LANE COUNTY OREGON DEED RECORDS;
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO LANE COUNTY RECORDED JANUARY 20, 1986, RECEPTION NO.
86-02217, LANE COUNTY OFFICIAL RECORDS;
ALSO EXCEPT THAT PORTION DESCRIBED IN THAT DEED TO WILLAMALANE PARK AND RECREATION DISTRICT
RECORDED DECEMBER 04, 1992, RECEPTION NO. 9238749, AND CORRECTION DEED RECORDED FEBRUARY 09, 1993,
RECEPTION NO. 93-08469, LANE COUNTY OFFICIAL RECORDS;
ALSO EXCEPT THAT PORTION DESCRIBED IN EXHIBIT A OF THAT DEED TO THE CITY OF SPRINGFIELD, RECORDED
SEPTEMBER 22, 1993, RECEPTION NO. 93-60016, LANE COUNTY OFFICIAL RECORDS.
ALSO EXCEPT MARCOLA ROAD INDUSTRIAL PARK, AS PLATTED AND RECORDED IN FILE 75, SLIDES 897, 898 AND 899,
LANE COUNTY PLAT RECORDS, LANE COUNTY, OREGON.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS, PARKING AND SIGN PURPOSES AS DESCRIBED IN THAT CERTAIN
RECIPROCAL EASEMENT AGREEMENT, RECORDED APRIL 22, 1994, RECEPTION NO. 94-29763, LANE COUNTY OFFICIAL
RECORDS.
Ye1LiMg�l
AN EASEMENT FOR INGRESS, EGRESS AND PARKING AS DESCRIBED IN THAT CERTAIN DECLARATION OF
RESTRICTIONS AND GRANT OF EASEMENTS, RECORDED MARCH 17, 1989, RECEPTION NO. 89-11762, AS AMENDED BY
THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS, RECORDED
OCTOBER 31, 1989, RECEPTION NO. 89-49055, AS MODIFIED BY THAT CERTAIN RESTATED DECLARATION
RESTRICTIONS AND GRANT OF EASEMENTS, RECORDED MAY 10, 1991, RECEPTION NO. 91-21698, ALL OF LANE
COUNTY OFFICIAL RECORDS.
NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 1, 2008.
This page is only a partofs 2016 AL TAO Commit nt for Title Insurance issued by HatA7wiran Title Insuma Corryuny. 7h(s Commibrentis not
valid moout the Notice; the Commnt to Lams Pokey He Gmmibrent Conditions Schedule A� Schedule B part I-Requimr ants; Schedule 8, Pan
II{xrepbons.
Copyright 2666-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative t ersof) is restiicled to ALTA licensees and ALTA nnen8ers in good shndng as of the date of use. NI other uses
are tvohibited. ReonnRd under license from the Amenoan Land Title Association.
AK
Exhibit D: Lane County Assessor's Map
N.E.114 N.E.114SEC.25T.17S. R.M. W.M.
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Exhibit E: Natural Resources
Conservation Service (NRCS) Soil Map
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Soil Map—Lane County Area, Oregon
_SD, Natural Resources web Sol Survey 4/7/2020
alaill Conservation Service National Cooperative Sail Survey Page 2 of 3
MAP LEGEND
MAP INFORMATION
Area at Wake. tA00
Spoil Area
The sal surveys that comprise your AOI were mapped at
Areaalnteresr(AQII
Q
army Spa
1:20,000.
Soils
Very Sony SpaWaming:
Soil Map may not be valud al Mrs scale.
0
Soil Map Unit Polygons
9
VJrf S p a
Enlargement of maps bethe scale of mapping can cause
,.,.
Soil Map Unic Lines
md Sell of the etail of mapping and accuracy of soil
4
Other
line placement. The maps do not show the small areas of
Map Unit Points
contrasting soils that could have been shown at a more detailed
Special Line FeaturesSoil
Special
Point Features
scale.
Lg
Blowout
water Features
Streams and Canals
Please rely on the bar scale on each map sheet for map
®
Borrow Pit
measurements.
Trensportatian
Clay Spot
Rails
Source of Map: Natural Resources Conservation Service
0
Closed Depresdan
Web Soil SurveyURL:
Interstate Highways
Coordinate System: web Mercator(EPSG:3m5])
Gravel Pit
US Routes
Maps from the Web Soil Survey are based on the Web Mercator
Gravely Spa
Major Roads
projection, which preserves and shape but
ion that schdistorts
and area, projection that preserves area, such as the
®
Landfill
Local Roads
Abersdistance
o
Albers equal-area conic projection, should be used if more
Lava Flow
accurate calculations of distance or area are req uired,
Background
aga
Marsh or swamp
.
Aerial Photography
This ,versa is generated from the USDA4gRCS cetlified data as
of Ne version date(s) listed below
.�.
Mine or Query
Soil Survey Area: Lane County Area,
®
Miscellaneous Ydscer
ep10,Oregon
2019
Survey Area Data: Version 16, Sep 10, 2019
®
Perennial VMmer
Sail map units are labeled (as space allows) for map scales
y,
Rock Outcrop
1:50,00 or larger.
A
Saline Spot
Dates) aerial images were photographed: Jun 12, 2019i
19, 2019
Sandy Spot
The orihophoto or other base map on which the soil lines were
Severely Eroded Spot
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
Sinkhole
shifting ofmap unit boundaries may be evident,
�p
Slide or Slip
Sodic Spot
_SD, Natural Resources web Sol Survey 4/7/2020
alaill Conservation Service National Cooperative Sail Survey Page 2 of 3
Sal Map�ane Cmdy Area, Oregon
Map Unit Legend
LSDA Nature Resources Web Soil Survey 4!//2020
iMi Consewarion Service National Cooperatirve Soil Survey Page 3 of3
Map Unit Synibd
Map Unit Name
Acres in AOI
Percent of AOI
75
Malabon sly day loam
37.8
11.9%
76
Malaboni rban land complex
57.2
18.0%
100
Oxley gravellysit loam
24.2
7.6%
101
Oxley4 ffian land cornplex
0.4
0.1%
105A
Pengra sit loam, i to 4 percent
slopes
5.2
1.7%
low
Philanalh cobbly sly day, 310
12 percent slopes
1.7
0.5%
118
Solan gravely sit loam
140.3
44.2%
119
Sslan-Urban land complex
49.7
15.6%
W
Water
0.9
0.3%
Tdels for Arm of Interest
317.6
100.0%
LSDA Nature Resources Web Soil Survey 4!//2020
iMi Consewarion Service National Cooperatirve Soil Survey Page 3 of3