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Home My WebLink AboutApplication APPLICANT 6/12/2020City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Site Plan Review SPNINGFIEL � D Application. -(Applicant: check one) Site Plan Review Pre -Submittal: ® Ma'or Site Plan Modification Pre -Submittal: Site Plan Review Submittal: M 'or Site Plan Modcation Submittal: ❑ ifi Required Project Information (Applicant: complete this section) Applicant Name: Cherry Springs, LLC Phone: 541-485-4050 Company: Brent Lanz, Manager Email: Address: 3025 West 7th Place, Eugene OR 97402 Applicant's Rep.: Teresa Bishow, AICP Phone: 541-514-1029 Company., Bishow Consulting Email: teresa@bishowconsulting.com Address: P.O. Box 50721, Eugene OR 97405 Property Owner: Cherry Springs, LLC Phone: 541-485-4050 Company: Brent Lanz, Manager Email: Address: 3025 West 7th Place Eugene OR 97402 ASSESSOR'S MAP NO: 17-02-32-41 TAX LOT NOM: : 400 Property Address: Vacant - No address assigned. 8.51 Proposed No. of Size of Property: Acres S uare Feet Proposed Name of Project: Cherry Springs Description of If you are filling In this form by hand, please attach your proposal description to this application. Proposal: Proposed mult-famlly development with off-street parking and opens ace for residents. Existing Use: Vacant New Impervious Surface Coverage (Including Bldg. Gross Floor Area): sf QSi natures: Please si nand rint our name and date in thea -. -. . .In, 14 is I, Associated Applications: ro riate box on the next a e. Signs: Pre -Sub Case No.: Date: Reviewed by: 811 -20 -000114 -PRE 06/12/2020 Case No.: Date: Reviewed b Fee: $ 421.00 Technical Fee: Posta a Fee:AL rAlica,tion EES: 421 PROJECT NUMBER: 811 -19 -000130 -PROD Revised 1/7/14 KL 1 of 11 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 to my representative. l�U rlt' Date: Signature Brent Lanz, Cherry Springs, LLC Manager 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, 1 affirm the information identified by the City as necessary for processing the application Is provided herein or the Information will not be provided If not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Date: Signature Brent Lanz, Cherry Springs, LLC Manager Revised 1/7/14 KL 2 of 11 Pre -Submittal Site Plan Review Application For CHERRY SPRINGS Prepared For: CHERRY SPRINGS LLC 3027 West 7th Place Eugene, OR 97402 Submittal Date: June 10, 2020 aO� BISHOW Planning & Development Services 375 West 4'h Avenue Suite 204, Eugene P.O. Box 50721 Eugene, OR 97405 541-514-1029 w .bishowconsuItina.com rjdBIISHOW INDEX WRITTEN NARRATIVE 1.0 Project Summary 2.0 Project Details 3.0 Approval Criteria and Findings 4.0 Conclusion EXHIBITS ATTACHED A. Vicinity Map B. Aerial Photograph C. County Assessor's Map D. Legal Description E. Preliminary Title Report F. Cherry Springs - Adjacent Local Streets ITEMS SUBMITTED SEPARATELY Application Form Full Size Drawing Set Application Fee 15 View of property looking northwest towards 481h Street Cherry Springs Pre -Submittal Application Page 2 of 15 Site Plan Review Written Narrative June 10, 2020 aO�BIISHOW OWM&ECT SUMMA Project Name: Project Proposal: Application Type: Project Location: Assessor's Map: Tax Lot: Size: Zoning: Plan Designation: Existing Use: Pre -Submittal Mtg Date: CHERRY SPRINGS Construct a new 129 unit multi -family residential complex on a vacant site in East Springfield Type I I - Site Plan Review East side of 48^ Street, north of Main Street 17-02-32-41 0400 8.51 Acres Mixed Use Residential (MUR) Mixed Use Vacant 6202019 City No. 811-19-000123 Associated Application: Partition Application Owner/Applicant: Cherry Springs LLC Attn: Brent Lanz 3025 West 7'^ Place Eugene, OR 97402 Applicant's Architect Rodd Hansen Rodd Hansen Architect 1551 Oak Street, Ste A Eugene, OR 97401 Rodd amarch itectu ral. com Applicant's Representative Teresa Bishow, AICP Bishow Consulting LLC P.O. Box 50721 Eugene, OR 97405 teresa®bishowconsultina. com Applicant's Landscape Arch. Jamie McGraw / Emily Brandt i.e. Engineering 809 SE Pine Street Roseburg, OR 97470 wi I leke ft eenc i neeri nc. com Applicant's Engineer Alex Palm i.e. Engineering 809 SE Pine Street Roseburg, OR 97470 aalm®ieenaineerina.com Cherry Springs Pre -Submittal Application Page 3 of 15 Site Plan Review Written Narrative June 10, 2020 rOdBIISHOW 1.0 PROJECT DETAILS 2.1 Overview Cherry Springs will provide 129 new apartments in east Springfield. Each unit will be a 2- bedroom/2-bath floor plan offering an attractive size for various households. Cherry Springs will offer on-site property management, motor vehicle parking, attractive landscaping and open space, pedestrian circulation, and bike parking. Motor vehicle access will be limited to two new private driveways on 48^ Street. Existing local streets that terminate on the east side of the property will remain closed to through motor vehicle traffic offering enhanced safety and lower traffic within Cherry Springs and preserving the character of the adjacent residential neighborhoods. The existing barricade at the terminus of "B" Street will be replaced with removable bollards for emergency access. 2.2 Property Location and Zoning Cherry Springs is located on the east side of 48^ Street with easy access to Main Street and nearby commercial services. Refer to Exhibit A — Vicinity Map and Exhibit B — Aerial Photoarach. The Euaene-Sorinafteld Metropolitan Area General Plan (Metro Plan) and the East Main Refinement Plan designate the subject property as Mixed Use Residential. Consistent with the plan designations, the subject property is zoned Mixed Use Residential MUR. The existing legal lot has frontage on both 48 Street and Main Street. A related Partition application was submitted to divide the property into two lots. Cherry Springs would have frontage on 48^ Street with the second lot having frontage on Main Street. 2.3 Existing Conditions The subject project is relatively flat with minor variations in grade. Refer to Cherry Springs Existing Conditions Map. There are numerous trees scattered throughout the site with a cluster near the northeast comer. Several trees are damaged and unhealthy. The subject property also contains grasses and obnoxious weeds. There are no identified Statewide Goal 5 natural features on the subject property. The subject property is within the mapped 5 year Time of Travel Zone and is not subject to the Drinking Water Protection Overlay District.' There is no indication of any sources of contaminants on the subject property such as underground storage tanks or prior hazardous materials handlers.2 1 City of Springfield Wellhead Protection Areas map (February 2008 delineations) 2 City of Springfield Wellhead Protection Areas map (Contaminant Source Inventory) Cherry Springs Pre -Submittal Application Page 4 of 15 Site Plan Review Written Narrative June 10, 2020 a0d BoSHCNSUOW 2.4 Key Prior Land Use Decisions The subject property was annexed to the City of Springfield sometime between 1960 and 1969.3 The Metro Plan, adopted in 1982, designated the subject property as Mixed -Use Commercial (MUC). In April 1988, the East Main Refinement Planwas adopted and the subject property was designated Mixed -Use 2A. The East Main Refinement Plan contained an adopted policy that all properties designated Mixed -Use 2A, "shall be legislatively rezoned to High Density Residential (HDR)." Consistent with the refinement plan policy, the City's zoning map was changed and the subject propertywas zoned High Density Residential (HDR). In January 2020, the Springfield City Council approved a privately -initiated amendment to the East Main Refinement Plan to allow the subject property to either retain its HDR zoning or be rezoned to Mixed Use Residential (MUR).4 At the request of the property owner, the subject property was subsequently rezoned to MUR. 2.5 Land Use and Development Requirements This is a request for Site Plan Review approval according to the Type II procedures listed in Springfield Development Code (SDC) 5.1-130 and the Site Plan Review approval criteria at SDC 5.17-125. i City of Springfield Annexation History map dated February 2014. 4 Springfield Ordinance No. 6410, City File No. 811-19-000243TYP4 Cherry Springs Pre -Submittal Application Page 5 of 15 Site Plan Review Written Narrative June 10, 2020 aOdBIISHOW 3.0 SITE PLAN APPRCIMRITERIA This section provides the applicable approval criteria for reviewing the proposed application followed by findings demonstrating compliance. Springfield Development Code provisions are shown below in bold italics. SDC 5.17-125 Criteria The Director shall approve or approve with conditions: a Type 11 Site Plan Review application upon determining that approval criteria in Subsections A. through E., below have been satisfied... A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. The site is zoned Mixed Use Residential (MUR) consistent with the Mixed Use designation on the Metro Plan diagram and in the East Main Street Refinement Plan. There are no proposed changes to the zoning for the site. B. Capacity requirements of public improvements, 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 public improvements shall be available to serve the site at the time of development, unless otherwise provided for by this Code and other applicable regulations. The Development & Public Works Director or a utility provider shall determine capacity issues. Approval of this proposal would allow for construction of a 129 -unit multi -family residential complex consisting of 16 two-story apartment buildings along with a leasing office, driveways and parking areas, site landscaping, open spaces, and vegetated stormwater management facilities on about 6.26 acres. For all public improvements, the applicant will retain a private professional civil engineer to design the site improvements in conformance with City codes, this decision, and the current Engineering Design Standards and Procedures Manual (EDSPM). The private civil engineer also will also provide construction inspection services. Water and Electricity Improvements Per SDC 4.3-130, each development area is to be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate supply to the development and sufficient access for maintenance. Springfield Utility Board (SUB) coordinates the design of the water system within Springfield city limits. The applicant proposes to connect to the existing public water line located in 48^ Street in two locations looping the public water system through the development. Multiple fire hydrants will be installed throughout the development to provide fire protection to all buildings and structures. Cherry Springs Pre -Submittal Application Page 6 of 15 Site Plan Review Written Narrative June 10, 2020 rod BoSHCNSUOW SUB Water advises that all non-residential domestic and irrigation services, and all residential water services with lawn sprinkler systems, require a reduced pressure backflow assembly. All fire services require a minimum of a double check detector assembly with a detector meter on a bypass. The assemblies are required to be installed above ground and adjacent to the water service. The applicant will contact SUB Water Division's Backflow Prevention Specialist at (541) 726-2396 to discuss the backflow prevention and fire protection service requirements. Per SDC 4.3-125, wherever possible all utility lines shall be placed underground. Additionally, vaults and transformers for utility connections along the street frontage should be screened from view or placed out of sight at the side or rear of buildings. There are existing overhead power lines along the western boundary of the subject property as shown on Cherry Springs Existing Conditions Map. The overhead wires on 48^ Street are backbone distribution lines and are not required to be placed underground. The overhead power lines will be unaffected by the proposed development. Within the development area, the applicant is proposing to install all new utility lines underground. As shown on Cherry Springs Water & Sewer Layout, the existing public water and sanitary sewer lines can be extended to adequately serve the proposed development. Sanitary Sewer Per SDC 4.3-105.A, the applicant proposes to install sanitary sewers to serve the new development and to connect the development to existing mains. Additionally, installation of sanitary sewers will provide sufficient access for maintenance activities. The nearest public sewer main that can provide gravity service to the entire development site is located in 48^ Street at the far northwest corner of the site. The applicant proposes to extend a new public sewer main down 48^ Street to provide service to the site. The public main will also be brought into the site as needed to provide service. The existing sewer main located adjacent and east of the site in B Street is not deep enough to provide gravity service to the site. The applicant will make any field adjustment as necessary during construction to avoid any new connection points that will require excavations into 48^ Street and utilize existing connection points that may not be located exactly as shown on the plans. Per Chapter 3.02.4.A of the City's EDSPM and Section 3.4 of the City of Eugene Stormwater Management Manual, solid waste storage areas shall be covered and hydraulically isolated from potential stormwater runoff, and directed to the sanitary sewer system. To meet this requirement, the applicant is proposing to construct two trash & recycle enclosures that are covered, hydraulically isolated, and equipped with floor drains that are plumbed to the sanitary sewer system (Sheet XXX - Site Plan and Sheet XXX - Utility Plan). Stormwater Management (Quantity) Per SDC 4.3-110.6, the Approval Authority shall grant development approval only where adequate public and/or private stormwater management systems provisions have been made as determined by the Development & Public Works Director, consistent with the EDSPM. SDC Cherry Springs Pre -Submittal Application Page 7 of 15 Site Plan Review Written Narrative June 10, 2020 a0d BoSHCNSUOW 4.3-110.D requires that runoff from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. SDC 4.3-110.E requires new developments to employ drainage management practices that minimize the amount and rate of surface water runoff into receiving streams, and that promote water quality. To comply with Sections 4.3-110.D & E, the applicant proposes to direct stormwater runoff from the site into a series of stormwater treatment bio-swales and detention basins prior to discharging the stormwater into the public system. The bio-swales and detention basins will function to make the stormwater discharge from the site mimic pre-existing conditions. Stormwater from the site currently drains from east to west and into the existing drainage Swale located on the west side of 48^ Street. The existing drainage pattern will be matched post construction. Stormwater Management (Quality) Under Federal regulation of the Clean Water Act (CWA), Endangered Species Act (ESA), and National Pollutant Discharge Elimination System (NPDES), the City of Springfield has obtained a Municipal Separate Storm Sewer System (MS4) permit. A provision of this permit requires the City to demonstrate efforts to reduce the pollution in urban stormwater to the Maximum Extent Practicable (MEP). Federal and Oregon Department of Environmental Quality (ODEA) rules require the City's MS4 plan to address six "Minimum Control Measures". Minimum Control Measure 5, "Post - Construction Stormwater Management for New Development and Redevelopment", applies to the proposed development. Minimum Control Measure 5 requires the City of Springfield to develop, implement and enforce a program to ensure the reduction of pollutants in stormwater runoff to the MEP. The City also must develop and implement strategies that include a combination of structural or non-structural Best Management Practices (BMPs) appropriate for the community. Minimum Control Measure 5 requires the City of Springfield to use an ordinance or other regulatory mechanism to address post -construction runoff from new and re -development projects to the extent allowable under State law. Regulatory mechanisms used by the City include the SDC, the City's Engineering Design Standards and Procedures Manual and the Stormwater Facilities MasterPlan (S FM P). As required in SDC 4.3-110.E, "a development shall be required to employ drainage management practices approved by the Public Works Director and consistent with the Metro Plan policies and the Engineering Design Standards and Procedures Manual." Section 3.01 of the City's EDSPM states the Development & Public Works Department will accept, as interim design standards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of the City's EDSPM and the City of Eugene Stormwater Management Manual. Sections 3.02 of the City's EDSPM states all public and private development and redevelopment projects shall employ a system of one or more post -developed BMPs that in combination are designed to achieve at least a 70 percent reduction in the total suspended Cherry Springs Pre -Submittal Application Page 8 of 15 Site Plan Review Written Narrative June 10, 2020 a0d BoSHCNSUOW solids in the runoff generated by the development. Section 3.03.4.E of the manual requires a minimum of 50 percent of the non -building rooftop impervious area on a site shall be treated for stormwater quality improvement using vegetative methods. Prior to Final Site Plan approval, the applicant will provide an Operations & Maintenance Plan to the City for review to ensure the long-term maintenance and operation of the proposed Stormwater System, consistent with maintenance criteria required by EDSPM 3.03.1. The plan will designate maintenance responsibility for operating and maintaining the system to the property owner of the site. Streets and Traffic Safety Controls SDC 4.2-105.G.2 requires that whenever a proposed land division or development will increase traffic on the City street system and that development has unimproved street frontage abutting a fully improved street, that street frontage shall be fully improved to City specifications. Along the western site frontage, 48^ Street is developed with two travel lanes with street lights on the east side and a ditch on the west side. The street does not have a bike lane, street trees, or a sidewalk along the subject property's frontage. Due to the existence of the drainage ditch on the west side of the road, it is not feasible to provide full street improvements within the existing public right-of-way. The applicant proposes to design a multi -modal bike/pedestrian path on the east side of 48^ Street. The applicant proposes to install new street trees along the 48th Street frontage in accordance with SDC 4.4-105.B.2. The applicant is proposing to place the street trees close to the overhead power lines in the existing public right-of-way. The applicant proposes smaller street tree species so that when they mature, they still fit under the overhead power lines. The proposed transportation facilities would be adequate to accommodate the anticipated vehicular and pedestrian traffic patterns generated by the development in a safe and efficient manner. Refer to Exhibit F — Cherry Springs Adjacent Local Streets. C. The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Standards in Chapter 3 applicable to the proposed project that are not addressed elsewhere in this report are listed below. Chapter 3 Land Use District Standards Section 3.2-615 Base Zone Mixed Use Development Standards Section 3.2-625 Mixed -Use Development Standards - General Section 3.2-630 Mixed -Use Development Standards — Specific Section 3.2-240 Multi -Unit Design Standards Cherry Springs Pre -Submittal Application Page 9 of 15 Site Plan Review Written Narrative June 10, 2020 r0dBIISHONG W TABLE 1 - Mixed Use Development Standards SDC Subject Standard Proposed Complies 3.2-615 Lot Coverage Maximum 45% Lot Coverage Q 50% ??? Bldgs — Q 24% Vehicular Areas— a 26% 3.2-615 Building Height 60 ft a 24 ft at top of pitch roof YES 3.2-625.A Building Design Architectural features e.g. Architectural features YES offsets, windows, entry include windows, entry treatments, varied exterior treatments, and trim and building materials corner boards 3.2-625.6 Building Orientation Buildings oriented to street Buildings are oriented to ??? /Maximum Setbacks along at least 50% of street about %ofthe frontage to enhance street frontage along 48' pedestrian comfort, Street. convenience and safety. 3.2-625.0 Weather Protection Awnings and canopies Main building entrances YES provide shelter for are covered providing pedestrians. shelter. 3.2-625.D Landscaping and Per SDC 4.4-100 and SDC Landscape Plan to be ? Screening 4.4-110 submitted at a later date. 3.2-625.E Street Connectivity Streets shall connect to Per SDC 3-2-605- No YES and Internal adjacent neighborhoods — street connectivity is Circulation maximum block perimeter of proposed to preserve 1,400 feet. adjacent existing neighborhood. Pedestrian paths and sidewalks shall connect all Proposed multi -modal path building entrances with each on 4P Street and internal other and with adjacent pedestrian circulation public right-of-way. connecting to adjacent public ROW. 3.2-625.F Neighborhood Compliment character of Architectural features YES Compatibility neighborhood including: include lap siding (w/6" 1) architectural compatibility, exposed) (fiber cement), 2) lighting, trim and corner boards, 3) site -obscuring hardi-panel 8" grooves, landscaping, pitch roof; shielded lighting 4) screen mech. equipment. and landscaping will provide screening; no exposed mech. equip. 3.2-625.G Pedestrian Project> 50,000 sq. ft. shall _ pedestrian amenities ??? Amenities provide 4 pedestrian to be shown on Landscape amenities Plan 3.2- Preserve Residential Min. 80% gross floor area for 100% of gross floor area is YES 630.C.1 Land Supply housing; residential priorto for housing and the or concurrent with non- apartment manager's residential development office; development will occur priorto development of new lot facing Main St. 3.2- Minimum/Maximum 20 units per gross acre if 20.6 units per gross acre YES 630.C.2 Residential only housing -12 units per of land for planned for Densities gross acre if mixed uses future residential lot. Cherry Springs Pre -Submittal Application Page 10 of 15 Site Plan Review Written Narrative June 10, 2020 rod BoSHCNSUOW TABLE 2 — Multiple Family Standards SDC Subject Standard Proposed Complies 3.2-240.D.1 Building Only applies to streets with Not applicable -4P Street NA Orientation existing or planned on -street does not have any on -street parking. parking. 3.2-240.D.2 Building Continuous horizontal distance Maximum horizontal YES Form does not exceed 160 feet distance of 112 ft 3.2-240.D.3 Transition a. Bldg setback on same side of No proposed buildings are NA and street as single-family home is on the same street as Compatibility similar to that of the nearest adjacent single-family residence. homes. b. 25 -foot buffer along LDR 25 -foot buffer along LDR YES c. Bldg Height Step Down by Bldg heights do not exceed YES LDR 25 ft d. Bldgs within 50 ft of LDR shall Blgs within 50 ft of LDR YES not have continuous horizontal have maximum horizontal distance exceeding 120 ft distance of 112 ft 3.2-240.D.4 Storage a. Min. 112 cubic ft of enclosed Each dwelling unit has 144 YES storage separate from each cubic feet of enclosed dwelling unit. storage accessed from the private patio or balcony. b. Trash receptacles are screened Trash receptacles are YES screened and covered. c. No trash receptacles in front yard setbacks or within 25 feet of No trash receptacles are LDR. within front yard setbacks YES or 25 ft of LDR. d. Ground -mounted equipment underground, where practicable There are no ground - or placed to minimize visual mounted equipment on the YES impact and screened. site. 3.2-240.D.5 Open Space a. General — Min. 15% open ??? ??? space b. Common Open Space ??? ??? - Min. 0.25 SF per 1.0 SF gross residential floor space - At least 500 SF with no dimension less than 15 ft - Max 15% on slopes greater than 25% - Min 250 SF active recreation per 20 units - Children's play areas prohibited in setback or transition areas. - Min. 50% of common open space in landscaping Cherry Springs Pre -Submittal Application Page 11 of 15 Site Plan Review Written Narrative June 10, 2020 aO�BIISHOW Cherry Springs Pre -Submittal Application Page 12 of 15 Site Plan Review Written Narrative June 10, 2020 c. Private open space is optional Each dwelling unit has 72 YES —must be directly accessible from SF of private open space the dwelling unit directly accessible from the unit. 3.2-240.D.6 Landscaping a. Min 15% of site shall be .? ??? landscaped b. Street trees min. 2 inches in ??? ??? caliper between curb and sidewalk every 30 linear ft c. Fences in front yards limited to No fences are proposed in YES 3 feet front yards. d. Native and/or drought tolerant ??? ??? plants encouraged 3.2-240.D.7 Pedestrian a. Continuous internal sidewalks Pedestrian circulation is YES Circulation provided at least 5 feet from b. Min. 5 feet from dwellings dwellings c. Internal sidewalk system shall Sidewalk system connects ??? connect all abutting streets to to 4P Street. primary building entrances d. Internal sidewalk system Internal sidewalk system ??? connects all buildings to parking provides connectivity areas, bicycle parking, storage between different uses and areas, all common areas, and public sidewalk on 48^ St abutting public sidewalks. e. Min. 5 foot wide paved Internal sidewalks are YES sidewalks typically 6- feet wide f. Internal sidewalks clearly Internal sidewalks are YES marked when crossing streets or marked at major crossings parking aisles, and ADA and will be ADA compliant compliant g. Internal sidewalks parallel and ??? ??? abutting vehicular circulation areas shall be raised or separated by a curb or other barrier. If raised, curb ramps required. h. Internal sidewalks shall be ??? ??? lighted to a min. 2 foot-candles 3.2-240.D.8 Parking a. Parking to the side or rear of On 486 St -no parking YES buildings. areas are between the building and the street. Cherry Springs Pre -Submittal Application Page 12 of 15 Site Plan Review Written Narrative June 10, 2020 aO�BIISHOW Cherry Springs Pre -Submittal Application Page 13 of 15 Site Plan Review Written Narrative June 10, 2020 b. Shielded parking lot lighting All parking lot lighting to be YES shielded per city code. c. Planter islands every 8 parking Planter islands to be YES spaces — min. 6 feet wide, provided every 8 parking excluding curb; 1 shade tree and spaces and landscaped. ground cover d. Min. 6 -foot wide planter shall ??? ??? screen parking area from living area windows planted with mix of trees, shrubs, and ground cover. e. Internal sidewalks between Internal sidewalks are YES parking lots and building provided between all entrances parking lots and building entrances f. Provide parking stall bumpers orwidened adjacent sidewalk or Protection will be provided. YES planter 2 feet, sidewalks and planters shall be protected with 6 inch curbs. g. On comer lots, parking shall Not Applicable. Lot is not NA not be located within 30 feet of on a corner. the intersection h. Min 5 -foot wide planter along Perimeter landscaping to YES perimeter of parking area next to be provided per code a property line or public right-cf- way. i. Decorativewalls optional in Nowalls are proposed. NA place of hedge in Subsection h. j Parking area landscaping ??? W" reduces stormwater runoff k. Bicycle parking provided Bike parking to be provided YES per code. 3.2-240.D.9 Vehicular a. On-site driveways or private Per 3-2-605 - No street YES Circulation streets connect with public streets connectivity is proposed to abutting the site. preserve adjacent existing neighborhood. Emergency b. Shared driveways provided vehicle access provided at whenever practicable end of B Street. c. Parking areas shall be No shared driveways or accessed from alleys if present alleys are proposed. Cherry Springs Pre -Submittal Application Page 13 of 15 Site Plan Review Written Narrative June 10, 2020 a0d BoSHCNSUOW Standards in Chapter 4 applicable to the proposed project are listed below. Chapter 4 Development Standards Section 4.4-100 Landscaping, Screening and Fencing Section 4.5-100 On -Site Lighting Section 4.6-100 Vehicle Parking, Loading, and Bicycle Parking The applicant intends to comply with the above standards in Chapter 4. Compliance is demonstrated on Sheet XX— Site Plan and Sheet XX— Landscape Plan. D. Parking areas and ingress -egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize curb cuts on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. The proposed project is designed to facilitate safe vehicular, bike and pedestrian circulation Motor vehicle access will consist of two private driveways on 48^ Street that provide ample sight distance for motorists and adequate vision clearance where private driveways connect to the public street. Except for emergency vehicles, no vehicular access is proposed to adjacent local public streets to help preserve the existing residential neighborhoods. For further information, please refer to Exhibit F — Cherry Springs — Adjacent Local Streets In accordance with SDC 4.2-120.C, site driveways are designed to allow for safe and efficient vehicular ingress and egress as specified in Tables 4.2-2 through 4.2-5, the City's EDSPM, and the City's Standard Construction Specifications. Ingress -egress points are planned to facilitate traffic and pedestrian safety, avoid congestion, and minimize curb cuts on public streets. The applicant is proposing two new ADA -compliant driveway approaches to serve the subject property. The driveways will consist of a vertical face curb, gutter and sidewalk. Each driveway will be 24' wide with an 18' driveway throat depth for approximately 71 feet. The proposed site driveways meet the City's dimensional requirements for multi -family residential driveway approaches and separation spacing from local street intersections. The proposed site plan provides for pedestrian connections from the multi -modal path on 48^ Street to an interior sidewalk system. The interior sidewalks provide safe and convenient connections between the parking areas, the common areas, and dwelling units. Due to the existing right-of-way on 48' Street and the location of the 48^ Street channel along the west side of the street, the applicant proposes a multi -modal path for both bikes and pedestrians versus the standard city street design of an on -street bike lane and separated sidewalk. The multi -modal path will provide a safe and convenient way for bicyclists and pedestrians to use 48^ Street as a route to nearby commercial services, areas of employment, and other neighborhood activity areas. Cherry Springs Pre -Submittal Application Page 14 of 15 Site Plan Review Written Narrative June 10, 2020 aO�BIISHOW E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the Water Quality Limited Watercourse Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. The subject property does not contain any steep slopes or known unstable soil or geological conditions. The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, Wellhead Protection Overlay and the list of Historic Landmark Sites do not identify any known natural features or resources on the property thatwarrant protection. The City of Springfield Water Quality Limited Watercourse Map does not show any watercourses on the subject properly.' On the west side of 48^ Street the map indicates that the 48^ Street Channel is a 'Tributary to Water Quality Limited Watercourse". The map also indicates that the subject property does not contain any areas designated by FEMA as in the Floodplain or Floodway. the applicant proposes to direct stormwater runoff from the site into a series of stormwater treatment bio-swales and detention basins prior to discharging the stormwater into the public system. The bio-swales and detention basins will function to make the stormwater discharge from the site mimic pre-existing conditions. The applicant will monitor construction activities to ensure the protection of groundwater. Following completion of the proposed development, the applicant will maintain the private stormwater facilities on the site to ensure the continued protection of surface water and groundwater resources. The proposed Cherry Springs Site Plan Review complies with applicable approval criteria and SDC standards. The application provides substantial evidence to support approval of the application. If you have questions or need further information, please contact Teresa Bishow at 541-514- 1029 or via e-mail at teresatDbishowconsultinc.com. Sincerely, Teresa i3ishow END OF WRITTEN STATEMENT ' Water Quality Limited Watercourse map adopted by Council Ordinance 6021, 7/15/2002. Cherry Springs Pre -Submittal Application Page 15 of 15 Site Plan Review Written Narrative June 10, 2020 EXHIBIT A -VICINITY MAP 'A'��. , .b :'� ✓ '�`�"� ��f Y t:,s ° -Via;+9',�1M�'� (a ymrt e z F� 3 e y Ov 4� 1 Y qy II ~' T Legend S/S ofv a School , � 1, .1 I� 74 -C-Stq I j ' ■ "`' �;� Be StCO o -BOV Ell y -S,4{484h St & Mlain�St��? - j 0 ®a tp U) rY 01 f) O a L Legend ® of :Z3 School 1 *'I ® e Gooale Earth N'r 10 o« U F -- co m X W.. ....... --- -- ---- c �„ v Z yy N ✓ q uj _ �'---%ra�yiitgriz«nnfi�rJs�e 7 oil R _ N10ji � „R i 3 `•lN ji � � � y= 10 Z U LL O i NLu w w W 'Po m O "R D 0 sy 133NIs I-"-`--- 3, BZOI 'ON OVOb JJ.Nf100 H184 re° I III/ i �e J aw X � e J wa N ee N 69'6566666 EE INS U F -- co m X W.. ....... --- -- ---- c �„ v Z yy N ✓ q uj _ �'---%ra�yiitgriz«nnfi�rJs�e 7 oil R _ N10ji � „R i 3 `•lN ji � � � y= 10 Z U LL O i NLu w w W 'Po m O "R D 0 sy 133NIs I-"-`--- 3, BZOI 'ON OVOb JJ.Nf100 H184 re° I III/ i �e EXHIBIT D The land referred to in the Policy is described as follows: Beginning at a point on the North line of the A. W. Hammitt Donation Land Claim No. 38, Township 17 South, Range 2 West of the Willamette Meridian; 346.83 feet East from the Northwest corner of said Claim; from said beginning point run East along said North line 345.83 feet; thence leaving said North line and run South 1214.66 feet to the North line of the McKenzie Highway right of way; thence North 89° 99' West along said right of way line 179.31 feet; thence leaving said right of way line and run North 300.9 feet; thence West 167.52 feet to the East right of way line of County Road No. 1238; thence North along the East line of said road 912.27 feet to the place of beginning, being part of the A. W. Hammitt Donation Land Claim, in Lane County, Oregon. c- CASGAOE ESCFICW 04/29/2020 CHERRY SPRINGS, LLC 3025 W. 7TH PLACE EUGENE. OR 97402 SELLER: HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY (HACSA) BUYER CHERRY SPRINGS, LLC ESCROW NO: EU18-2675 PROPERTY ADDRESS:VACANT LAND LOCATED AT 48TH & MAIN STREET SPRINGFIELD, OR 97478 In regards to the above mentioned transaction, we enclose herewith the Following: [X] Owner's Title Insurance Policy [ ] Original recorded Deed [ ] Original recorded Power of Attorney You have been a valued customer and we appreciate the oppommity to be of service to you. ifyou have future title and/or escrow needs, please give us a call. SINCERELY, CASCADE ESCROW '`V% MELISSA MITCHELL ESCROW OFFICER OIP (MB) MAINOFFICL FLORENCE OFFICE VILLAGE PLAZA OFFICE 811 WILLAMETTE, ST. 715HWY101" FLORENCE, OREGON 99439 4750 VILLAGE PLAZA LOOP SUI I 100 EUGENE, OREGON 97401 MAILING: PO BOX 508' FLORENCE, OREGON 97439 EUGENE, OREGON 97401 PUL (541)687 -2233 -FAX: (541)485-0307 PH: (541)997 -8417 -FAX: EGH997-8246 PH: (541)fi53-8622^FAX: (541)8441626 E-MAIL: INFOr,LCASCADFHFI.P_COM E-MAIL: ILORLNCIICASCADLHILLCOM E-MAIL: VILLAGEPLA/.A(,.CASCADEIIILFLCOM * * * OWNER'S POLICY OF TITLE INSURANCE * Policy Number OXOR-12401058 1 Issued by Old Republic National Title Insurance Company *x* Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NA"TIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained at incurred by the Insured by reason of'. I" 'Title being vested other than as stated in Schedule A. 2 Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. 'The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improver -CM erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. Z The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the land, is recorded in the Public Records, 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. "title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or Frain a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the in sit ument of transfer vesting 'Title as shown in Schedule A constitutes a preferential transfer under federal ORT Form 4309.A Schede le A for Al-I'.A Owners Puliav of'I'itle Insurance 0 17-06 bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impartnotice of its existence to a purchaser for value or to ajudgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created Or attached or has been fled or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of. Cascade Title Company 811 Willamette Street Eugene, OR 97401 541-687-2233 Authorized Signature ORT Farm 4309,A Selmdnic A roc AL"I A Owners Puliey of 1"in, Insurance 6-17-06 00 REPUBUC NATIONALTITIE INSURANCE COMPANY A Stork Company 400 Second Avenue S,,Vh, Minneapolis, Minnesota 55401 (6121371-1111 BY • •,�� President �j p 7 # ^ AllPSt � 4Hd 58C2r9(y .......... TRANS SI INF'. TYPE IND IND CODE CODE CODE, CODE CODE, CODE REISSUE AMOUNT ORDER NO. POLICY NUMBER DATE 0" POLICY AMOUNT PREMIUM 0310416 OXOR-12A01058 APRIL O1, 2020 at 1:58 P.M. $1,050,000.00 $2,175.00 OF RS POLICY SCHEDULE A Order No.: 031091.6 Policy No.: OXOR-12401058 Amount of Insurance: $1,050,000.00 Premium: $2,175.00 Date of Relics: APRIL O1, 2020 at 1:58 P.M. 1. Name of Insured: CHERRY SPRINGS, LLC, an Oregon Limited Liability Company c. The estate or interest in the land described or referred ro is Schedule C and which is covered by this policy is: PEP SIMPLE 3. Title to the estate or interest in the land referred to herein is at Date vested CHERRY SPR?NCS, LLC, an Oregon Limited Liabi'-ity Company 4. the land referred ro m this Po'_icy is described on the attached Schedule "C' and made a part hereof. Page No. 2 Order No. 0310416 Policy No. OXOR-12401058 SCHEDULE E This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices or 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 rot 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 righLs, cla-ms or title to -,cater. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete '_and survey of the Land. 5. Any lien, or right to a lien, toy services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Taxes, including the current fiscal year, not assessed due to Housing Authority Exemption. IE the exempt status is terminated under the statute prior to the date on which the assessment Poll becomes the tax ,it in the year in which said taxes were assessed, additional taxes may be levied. Rights of the Public in streets, roads and highways. 6. Slope and storm drain easement over the South 5.0 feet to the State of Oregon, State Highway Commission, as set forth by instrument recorded May 16, 1966, Reception No. 1966-097487, Lane County Oregon Deed Records. END OF SCHEDULE H Page No.3 Order No. 0310416 Policy No. OXOR-12401058 SCHEDULE "C" The land referred so in the Policy is descr_bed as follows: Beginning at a point on the North line of the A. W. Aa[maitt Donation Land C;ta_m No. 38, Township 17 South, Range 2 seat of the Willamette Meridian; 346.83 feet East from the Northwest corner of said Claim; from said beginning point run Fast along said North line 395.83 feet; thence leaving said North line and run South 1214.66 feet to the North lice of the McKenv.ie Hiahway right of way; thence North 890 44' West along said right of way line 179.31 feet; thence leaving said right of way line and run North 300.9 feet; thence West 167.52 feet to the East right of way line of County Road No. 1238; hence North along the East line of said road 912.27 feet to the place of beginning, being part of the A. W. Hammitt Donation Land Claim, in Lane County, Oregon. r 2W am aaz az+ 5 • . .' y 19 18 2F�i -t3 v T 1L \1 =tiid ` asm �. jf u D - tear. vx - ;ansa • i � �gg1 an : ,� • MCKENZIE �. t-llGi-1WAY g - NO.126 THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON. EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. I. (a) Any law, ordinance, permit, at governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupanc), use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation ofthese laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. flights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, in agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Dale of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (e) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. ORT Form 4309A ScOeJule A I'or ALTA Owners Polity of Tille Insurance 6-17-06 CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The fallowing terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 1 I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) `Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of on Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stack, shares, memberships, or other equity interests of the grantee are wholly -awned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes, (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known'.. Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": "fire land described in Schedule A, and affixed improvements that by law constitute real property. The term "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 extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) 'Title": The estate or interest described in Schedule A. (k) "Unmarketable Title' Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insm-ed retains an estate or interest in the Land, m' holds an obligation secured by a purchase money Mortgage given by a purchasel' from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (it) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS ORT Pur. 4309A Sehe4ole A for ALTA Owners Policy al "Otte Insuran.e 6-17-06 In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant famish a signed proof of loss. The proof of lass must desa'ibe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. 'f he Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action, It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent of reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether of not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability mwaiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (it) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for of in the name of an Insured Claimant any claim insured against ORI' Farm 4309A Sehetlule A 1'nr ALTA Owner, P.1my nl'Tiflo Iomranoc 6-17 N under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (it) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (it), the Cmnpany's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. ft. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability ofthe Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (it) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the Tights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Companyif requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. ORT Pone 4309A SehednIt A far AI;[ A Owners Polity of Title hisvnaee 417-06 If a payment on account of a claim does not fully cover the Toss of the Insured Claimunt, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any tednrs or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the I itle Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbih'ator(s) may be entered in any court of competent jut isdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision ofthis policy, this policy shall be coush'ued as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy, (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (it) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16, SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement ofpolicies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms oflhia policy. In neither case shall Lire court or arbunion apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United Slates of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499. ORT Form 4309A Schedule A for ALTA Owner, Polity afl'ito, Io,urenec 6-17-06 EXHIBIT F ADJACENT LOCAL STREETS MAY 21, 2020 end BIISHCONSUOW NORTH "A" STREET ''''#### � Sy•y'C�' A 5fr 4 r� ® s. ®IIIII!! k's"� HOMES AT THE END OF NORTH "A" STREET SHARE PRIVATE DRIVEWAY — NO PUBLIC RIGHT—OF—WAY NORTH "B" STREET -wai JA JI, U - t , I NORTH "B" STREET NORTH "B STREET CURVE COULD HELP WITH TRAFFIC CALMING, TREE AT END OF STREET IS DAMAGED a wpm- NZ _ a BEAVER STEET VIEW TOWARDS END OF BEAVER STREET IF STREET IS EXTENDED WOULD NEGATIVELY IMPACT LARGE HEALTHY TREE NORTH "C" STREET -i. Sam low P F e..:7 THE EXTENSION OF NORTH "C" STREET TO 4811 ST WOUILD CREATE SAFETY PROBLEMS DUE TO TO A CURVE ON 48TH STREET AND THE OBSERVED SPEED OF MOTORISTS CHERRY SPRINGS PROPOSED LOT LAYOUT Property Information: Assessor Map #: 17023241 Taxlot #: 400 Layout Provides: Units: 129 Acres (residential only): 7.3 Units/acre: 20.6 Parking: 206 spaces Residential Lot Coverage: Approximate SF % pasldental Rea 917,&A4 100.04' L overage 75,805 23.9%eM1ibike Inddtl.d) 99,140 591 F ----.moi nL --mowtii tp9 -,AM PROPOSED NEW LOT BOUNDARY PROPOSED FENCE OR LANDSCAPE SCREENING C STREET BEAVER STREET CHERRY SPIUNGS PRELIMINARY LOT LAYOUT L. T Rev. Date On Desui tion r awa 3: CHERRY SPRINGS PRELIMINARY SITE LAYOUT Property Information: Assessor Map #: 17023241 Taxlot #: 400 Layout Provides: Units: 129 Acres (residential only): 7.3 acres Units/acre: 20.6 Parking: 206 spaces Residential Lot �e�FFEA 8 a i s cC c 7 Cccc17 ccc 8 20 2 —12 BIKE PARKING Coverage: S 3 Approximate SF Y Resld,td Area 31,883 100.P/ Ruiltlln8 (Avampa 7- 86, 239% 5 Farldng &Vehicle Ga,pr�gp (bike pailtiny nol lncWdetlJ 32140 268 8-PLEX HLTInppALPAH ProP�Eo ACTIVE RECREATION AREA 8 8 APPROX. EXISTING EDGE OF ASPHALT 10' MULTI -MODAL PATH WITH 2' BUFFER PROPERTY BOUNDARY j I TYPICAL BUILDING DIMENSIONS. �1,s� TYPICAL 8-PLEX T 0 60 120 Feel CHERRY SPRINGS PRELIMINARY SITE LAYOUT �e�FFEA 8 a i s cC c 7 Cccc17 ccc 8 20 2 —12 BIKE PARKING 02 S 3 5 M M M T/R APPROX. EXISTING EDGE OF ASPHALT 10' MULTI -MODAL PATH WITH 2' BUFFER PROPERTY BOUNDARY j I TYPICAL BUILDING DIMENSIONS. �1,s� TYPICAL 8-PLEX T 0 60 120 Feel CHERRY SPRINGS PRELIMINARY SITE LAYOUT EXISTING BARRICADE TO REMAIN 111Ifdd:1t — EXISTING BARRICADE TO REMAIN BEAVER STREET REPLACE EXISTING BARRICADE WITH REMOVABLE BOLLARDS FOR EMERGENCY USE ONLY B STREET EXISTING BARRICADE TO REMAIN A STREET �e�FFEA 8 a i s cC c 7 Cccc17 ccc 8 20 2 —12 BIKE PARKING Feu Ee PLE 30 ccccc 3 5 ENCLOSED TRASH CCCCCCC s T/R 5 8-PLEX HLTInppALPAH ProP�Eo ACTIVE RECREATION AREA 8 8 8 8 36 BICYCLE PARKING 8 8 5 5 I I U n 8 8 L J ENCLOSED TRASH 1 7 48 BIKE PARKING -PLEX F -PLEX 'e 1 8 T 8 8 8 8 8 EXISTING BARRICADE TO REMAIN 111Ifdd:1t — EXISTING BARRICADE TO REMAIN BEAVER STREET REPLACE EXISTING BARRICADE WITH REMOVABLE BOLLARDS FOR EMERGENCY USE ONLY B STREET EXISTING BARRICADE TO REMAIN A STREET CHERRY SPRINGS WATER & SEWER LAYOUT Property Information: Assessor Map #: 17023241 Taxlot #: 400 8" WATER LINE 8" SEWER LINE A S CC M M M CHERRY SPRINGS PRELIMINARY LOT LAYOUT Rev. Date On Desari tion r c $FRINQ$ 1EXI$TI L,--j-j L NO CONDITION$ / I / 7II \— / I I \ \ / 1 / \ / �//E 346.6'± —di — --- EXISTING STS CI _ iSTS CI STS MH GUTTER: 494.03 MAIN ST GUTTER: 494.58 RIM: 494.14 10" INV OUT (W): 492.99 MCKENZIE HWY 10" INV OUT (W): 493.01 48" INV IN (E): 484.29 TELEPHONE (OVERHEAD) EXISTING HWY 126 EXISTING FIBER OPTIC EXISTING OVERHEAD WIRE EXISTING EDGE OF ASPHALT EXISTING FENCE/FENCE POST EXISTING Nei Springfield EXISTING CONCRETE " MANHOLE AS NOTED EXISTING oarwxc o . e.e.a \ x>,a. eng.0 1 ( \ 1 1 \ \ \ \ \I I TELEPHONE PEDESTAL I LIGHT POLE EXISTING WATER SERVICE EXISTING WATER VALVE BOX EXISTING BOLLARD EXISTING SIGN EXISTING xu.o„ate EXISTING MAILBOX EXISTING POWER BOX EXISTING GUY WIRE J l L9 Springfield BEAVER ST oxl.r..nee��. / C" ST \ I \\ \\ 1 \ I BACKBONE 1 \ PROJECT DISTRIBUTION 1 \ \ POWERLINE xr'SaY / I / 7II \— / I I \ \ / 1 / \ / �//E BACKBONE "A" ST—PRIVATE DISTRIBUTION NOT A PUBLIC RIGHT—OF—WAY POWERLINE \ it \ 167.2'± ( I I \ \\ AREA TO BE PARTITIONED \\ ---4 g f'ssg \\ \ I yl I II I I \ 1 I 1 rn J 11 178.4'+ — MAJOR —di — --- EXISTING STS CI EXISTING iSTS CI STS MH GUTTER: 494.03 MAIN ST GUTTER: 494.58 RIM: 494.14 10" INV OUT (W): 492.99 MCKENZIE HWY 10" INV OUT (W): 493.01 48" INV IN (E): 484.29 TELEPHONE (OVERHEAD) EXISTING HWY 126 EXISTING FIBER OPTIC EXISTING OVERHEAD WIRE EXISTING EDGE OF ASPHALT EXISTING FENCE/FENCE POST EXISTING Nei Springfield EXISTING CONCRETE " MANHOLE AS NOTED EXISTING oarwxc o . e.e.a in x>,a. eng.0 EXISTING WATER VALVE EXISTING POWER POLE EXISTING TELEPHONE PEDESTAL EXISTING LIGHT POLE EXISTING WATER SERVICE EXISTING WATER VALVE BOX EXISTING BOLLARD EXISTING SIGN EXISTING xu.o„ate EXISTING MAILBOX EXISTING POWER BOX EXISTING GUY WIRE J l L9 Springfield BEAVER ST oxl.r..nee��. \ I \ ems 1 PROJECT LOCATION I xr'SaY 3 [3dnwe 4 RA in \ e— / .__ Epri� 45 opprine I NTS L6 ---- i 1 I I 1 I I \ I I \ / 1 I I >z` STS MH / \ \ SS MH RIM: 494.33 / RIM: 496.28 12" INV IN (N): 486.66 / \ 10" INV IN (W): 491.36 m 12" INV IN (E): 486.55 / 10" INV OUT (E): 491.36 — 12" INV IN (S): 486.74 / ± 12" INV OUT (W): 486.59 S v 1 \1 I 1 I \I � I \ I I / / I i I � I / \ \ I 1 I W BACKBONE "A" ST—PRIVATE DISTRIBUTION NOT A PUBLIC RIGHT—OF—WAY POWERLINE \ it \ 167.2'± ( I I \ \\ AREA TO BE PARTITIONED \\ ---4 g f'ssg \\ \ I yl I II I I \ 1 I 1 rn J 11 178.4'+ SSMH g RIM: 495.57 10" INV IN (W): 490.45 10" INV OUT (E): 490.41 0 m 0 Na • ■ I LEGEND: CONTOUR — MAJOR —di — --- EXISTING STS CI EXISTING iSTS CI STS MH GUTTER: 494.03 MAIN ST GUTTER: 494.58 RIM: 494.14 10" INV OUT (W): 492.99 MCKENZIE HWY 10" INV OUT (W): 493.01 48" INV IN (E): 484.29 TELEPHONE (OVERHEAD) EXISTING HWY 126 SSMH g RIM: 495.57 10" INV IN (W): 490.45 10" INV OUT (E): 490.41 0 m 0 Na • ■ I LEGEND: CONTOUR — MAJOR CONTOUR — MINOR EXISTING PROPERTY BOUNDARY EXISTING STORM SEWER EXISTING SANITARY SEWER EXISTING WATERLINE EXISTING POWER (OVERHEAD) In_ POWER (UNDERGROUND) EXISTING TELEPHONE (OVERHEAD) EXISTING TELEPHONE (UNDERGROUND) EXISTING FIBER OPTIC EXISTING OVERHEAD WIRE EXISTING EDGE OF ASPHALT EXISTING FENCE/FENCE POST EXISTING Nei Springfield EXISTING CONCRETE " MANHOLE AS NOTED EXISTING oarwxc o . e.e.a in x>,a. eng.0 EXISTING WATER VALVE EXISTING POWER POLE EXISTING TELEPHONE PEDESTAL EXISTING LIGHT POLE EXISTING WATER SERVICE EXISTING WATER VALVE BOX EXISTING BOLLARD EXISTING SIGN EXISTING xu.o„ate EXISTING MAILBOX EXISTING POWER BOX EXISTING GUY WIRE oxer” L9 Springfield x oxl.r..nee��. ems " PROJECT LOCATION xr'SaY 3 [3dnwe 4 RA e— .__ Epri� 45 opprine VIC MAP NTS SSMH g RIM: 495.57 10" INV IN (W): 490.45 10" INV OUT (E): 490.41 0 m 0 Na • ■ I LEGEND: CONTOUR — MAJOR CONTOUR — MINOR EXISTING PROPERTY BOUNDARY EXISTING STORM SEWER EXISTING SANITARY SEWER EXISTING WATERLINE EXISTING POWER (OVERHEAD) EXISTING POWER (UNDERGROUND) EXISTING TELEPHONE (OVERHEAD) EXISTING TELEPHONE (UNDERGROUND) EXISTING FIBER OPTIC EXISTING OVERHEAD WIRE EXISTING EDGE OF ASPHALT EXISTING FENCE/FENCE POST EXISTING ASPHALT EXISTING CONCRETE EXISTING MANHOLE AS NOTED EXISTING CATCH BASIN EXISTING CLEANOUT EXISTING WATER VALVE EXISTING POWER POLE EXISTING TELEPHONE PEDESTAL EXISTING LIGHT POLE EXISTING WATER SERVICE EXISTING WATER VALVE BOX EXISTING BOLLARD EXISTING SIGN EXISTING FIRE HYDRANT EXISTING MAILBOX EXISTING POWER BOX EXISTING GUY WIRE ° ii a ° f ' no tel'• —NC STS CI ``— GUTTER: 495.16 —" 10" INV OUT (W): 493.55 STS MH 0' 20' 40' 80' RIM: 495.16 48" INV OUT (W): 487.48 1 SCALE:1" = 40' 809 SE Pine Street Roseburg, Oregon 97470 PHONE (541) 673-0166 Le FAX (541) 440-9392 PROJECT NO. 2923-07 / DWG BY: DTM CHIERRY $PFllNQ$ TOP0 RIM: 494.14 10" INV OUT (W): 492.99 MCKENZIE HWY 10" INV OUT (W): 493.01 RIM: 495.16 48" INV IN (E): 484.29 HWY 126 48" INV OUT (W): 487.48 A SS MH RIM: 495.57 10" INV IN (W): 490.45 10" INV OUT (E): 490.41 20' 40' 80' SCALEW' = 40' 809 SE Fine Street Roseburg, Oregon 97470 673 01) Le PHONE (547 —9392 66 FAX (541) 1) PROJECT NO. 2923-07 DWG BY: DTM