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HomeMy WebLinkAboutPacket, DRC PLANNER 8/18/2020AGENDA DEVELOPMENT REVIEW COMMITTEE DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET 695 Staff Review: Tuesday, September 1, 2020 9:00-10.00a.m. 1. Partition Tentative 811-20-000149-TYP2 811-20-000134-PROJ Jim McLaughlin Assessor's Map: 17-03-25-31 TL: 7701 Address: 1611 1 V Street Existing Use: Burger King, zoned MR Applicant submitted plans for 2 parcel partition to separate Burger King lot from remaining parcel. Planner: Drew Larson Meeting: Tuesday, September 1, 2020 9:00 — 10:00 virtual meeting via GoToMeeting The Complete DRC Packet for this meeting is available online for you to review or print out from the laserfiche website: htto://www.si)ringfield-or.gov/weblink8/browse.asi)x II1910']19 1]19 ] 1a'1]{J � a Fes. b c - u —jr��� oiyp, City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Tentative Plan Partition, Subdivision SPRINGFIELD w * Application Type (Applicant., check one) Partition Tentative Pre -Submittal: Subdivision Tentative Pre -Submittal: Partition Tentative Submittal: X ISubdivision Tentative Submittal: Required Project Information (Applicant: complete this section) Applicant Name: Jim McLaughlin PLS Phone: (541) 658-0123 Company: Jim McLaughlin PLS Fax: Address: 2600 19th Street, Springfield OR 97477 (email = cewmjtm@gmail.com) Applicant's Rep.: Ryan Erickson PLS Phorhil ) 688-8322 Company: EGR &Associates, Inc. Fax: Address: 2535B Praire Road Eugene OR 97402 (email = rerickson@egregassoc.com) Property Owner: Amy McKay Romero Phone: (541) 484-7102 Company: McKay Commercial Properties, LLC Fax: Address: (email = amy@mckaycp.com) ASSESSOR'S MAP NO: 17-03-25-3-1 TAX LOT NOS : 07701 Property Address: 1611 18th Street, Springfield OR Size of Property: 3.75 Acres ® Square Feet ❑ Proposed Name of Subdivision: Description of If you are filling in this farm by hand, please attach your proposal description to this application. Proposal: Existing Use•• Major Retail Commercial # of Lots/Parcels: of parcels/ allowable dens) =able proposed ft Dwell Units Si natures: Please sin and print your name and date in the appropriate Required Project Information (City Intake Staff., Associated Applications: 811 -20 -000132 -PRE box on the next Da e. complete this section) Signs: Pre -Sub Case Ill Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: Technical Fee: Posta a Fee: TOTAL FEES: PROJECT NUMBER: Revised 1/7/14 kl 1 of 10 PROPERTY OWNER AUTHORIZATION FORM I hereby affirm that I am the owner of the property located at: Property Address: 1611 lath Street City Spsingfi ld State Oregon Tax Map and Parcel Number: 17 03 25 3 Zip Code 97477 1 7701 By signing below, I authorize the individual lderiffiied in the following section to act a my authorized agent with regard to any and all applications made to: City of Springfield - Planning for the activities described. The individual identified below shall remain in this capacity with regard to any applications and subsequently issued permits indefinitely unless an express written request to terminate this authorization, signed by me, is submitted to: City of Springfield - Planning Project/Activity Partition Signature of Owner 2 ;; � Printed Owner Name: / mcf rJ EXU Printed Name of Permit Applicant / Owners Authorized Agent Address 2778 19th Street City Springfield Telephone Number Signature of Agent Jim Mr ughlin PLS state Oregon (541) 729-4886 Date: y_ /3_.;Lo Zip Code 97477 Email ceo j=@gmail. 0. Date: 21st Feb 2020 N P G� - - � GVq B➢I188&[YHltt W A w w--- f Z ayz .a a � �a°°zgNzza� LL�Nzq e< .Wa U W �N� N P G� - - � GVq B➢I188&[YHltt W A w w--- f Z JZ 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. Applicant's Statement: The purpose of this proposed partition is to separate the current Burger King operation from the remainder of the commercial uses located on the subject parcel (17-03-25-31-07701). The goal of this process is to allow a change of ownership of the Burger King operation onto an individual legally created parcel (PARCEL 1), and the remanding commercial operations onto a second, separate, legally created parcel (PARCEL 2). No specific infrastructure improvements are required to meet the goal of this application, therefore no Stormwater Management Plan is anticipated as a requirement. December 6, 2013 REQUIRED STORMWATER SCOPING SHEET USE POLICY: 225 FIFTH STREET SPRINGFIELD, OR 97477 PHONE 541.726.3753 FAX: 541.736.1021 wwwspdng6eld-or. gov In October 2003, Springfield Public Works released a trial "stormwater scoping sheet," provided to help engineers and developers meet stormwater requirements in the Springfield Development Code (SDC) and Engineering Design Standards and Procedures Manual (EDSPM). After a five month trial period, it became apparent that users of the scoping sheet submitted much more complete applications than non-users. An added bonus was a decrease in the overall review time spent on the applications, resulting in quicker notice of decisions. As a result of the benefits of the scoping sheets, the City has decided to make their use a mandatory process. Current city policy is that the use of stormwater scoping sheets is required for all applications which require development review. All applications submitted to the City shall provide a copy of a completed stormwater scoping sheet with the application packet. Attached with this letter is the latest version of the scoping sheet, which reflects changes requested by the development community PLEASE COMPLI CONFOI u11"Mall 1.) Obtai 2.) Fill o (Nob 3.) Mail, McE 4.) Rece. stom 5.) Inclu ,t sign sc, email all scoping WILLN REQUIRED A :T, STO TER STUDY IN HENT MING ETS ARE AS WS: I w , or other loc feet) to commence f work on sto iv the City wi iel elopment , ty) indicatingMnum requirements for 1) copies of compl g sh igned by ent the bottom of page 2), is that comply with tMEMBimuriffKaired scope bmittal of application pa shall be included as an attachment, inside the front cover of the stormwater study Stomrwater scoping sheets can be found with all application packets (City website and the DPW front counter) as well as on the Engineering and Construction Resources webpage located at: http://www.sprinefield- or.gov/DPWBn'mgncerinamdConstmctionResources.htm under the Public Improvement Permit Projects Forms section. Thank you in advance for working with the City of Springfield with this new process. Sincerely, Clayton McEachem, PE City of Springfield, Development and Public Works Email: cmceachem@springfieldor.gov Phone: (541) 736-1036 Fax: (541) 736 — 1021 Fidelity National Title Company of Oregon 800 Willamette Street, Ste 500, Eugene, OR 97401 PRELIMINARY REPORT TITLE OFFICER: ORDER NO.: 60222002850 CUSTOMER NO.: 45142009095 TO: Fidelity National Title Company Of Oregon 900 SW 5th Avenue Portland, OR 97204 OWNER/SELLER: McKay Commercial Properties, LLC BUYERIBORROWER: Ambrosia QSR Oregon, LLC PROPERTY ADDRESS: 1899 and 1914 Olympic Street, 1611, 1665, 1667, 1671 and 167518th Street, Springfield, OR 97477 EFFECTIVE DATE: March 31, 2020,08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM ALTA Owner's Policy 2006 $ 1,278,583.00 $ 1,889.00 owners standard (shon Term Rate) Government Lien Search $ 5.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: McKay Commercial Properties, LLC, an Oregon limited liability company 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF SPRINGFIELD, COUNTY OF LANE, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Federman Steifman LLP Z2032620 MBI McKay Commercial Properties, LLC/Ambrosia QSR Oregon, LLC 1611 18th Street Springfield, OR 97477 Lane County Preliminary Report Pnn :04.02.20,@01:17PM ORf-FEUG-01520.471025-SPS-1-2ofi0222002950 Order No.: 60222002850 EXHIBIT "A" Legal Description Parcel 3, PARTITION PLAT NO. 95-P0778, fled December 28, 1995, in Lane County, Oregon. EXCEPTING THEREFROM that portion conveyed to WinCo Foods, Inc., &a Waremart, Inc., an Idaho corporation by Property Line Adjustment Deed recorded May 2, 2002 as recording no.: 2002-034940, Lane County Records, more particularly described as follow: Beginning at the most Northeasterly comer of said Parcel 3, said point being on the Southerly right-of-way line of the "O" Street Flood Channel; thence leaving said Southerly right of way line, along the Southeasterly line of said Parcel 3 South 37°02'5T' W est 141.77 feet; thence South 52°57'03" East 20.00 feet; thence South 37°02'57" West 283.92 feet; thence leaving said Southeasterly line of said Parcel 3 North 52'56'28" West 272.80 feet to said Southerly right-of-way line of said "O" Street Flood Channel; thence along said Southerly right-of-way line North 63'43'53" East 354.03 feet to the beginning of a tangent curve; thence along the arc of a 294.63 foot radius curve concave Southerly, through a central angle of 28°13'11" (the long chord bears North 77°50'28" East 143.60 feet) an arc distance of 145.07 feet to the Point of Beginning. Preliminary Rep d Pnn : 01.02.20@01:17PM ORf-FEUG 1520A71025-SPS-1-20fi0222002550 Order No.: 60222002850 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 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. Any 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, which are 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 subject Land), encumbrance, violation, variation or adverse circumstance affecting the Tide that would be disclosed by an accurate and complete land survey of the subject Land. 5. Any lien or right to a lien for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6. Unpaid Personal Property Taxes with partial payment are as follows: Fiscal Year: 2019-2020 Original Amount: $1,213.92 Unpaid Balance: $404.64, plus interest, if any Levy Code: 01900 Account NO.: 5357833 Map No.: 17-03-25-31-07701 Assessed to Burger King Store 1652 Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. City Liens, if any, in favor of the City of Springfield. None found as of April 2, 2020. Limited access to and from the Land as set forth in Warranty Deed shown below, which provides that there shall be no right of easement or right of access to, from or across the State Highway other than as expressly provided for in said Deed: Grantor: Harry C. Christner and Hilda M. Christner Grantee: the State of Oregon, by and through its State Highway Commission Recording Date: October 19, 1966 Recording No.: 64160 PMimi., R.,d Pni e : 01.02.20 @ 01:17 PM ORf-FEUG-01520A71025-13PS-1-20fi0222002850 Order No.: 60222002850 15. An unrecorded lease(s) with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Assignment and Assumption of Leases Lessor: McKay Investment Company, LLC, an Oregon limited liability company Lessee: not disclosed Recording Date: August 24, 2007 Recording No: 2007-059779 Assignment of the Lessor's interest under said lease, Assignor: McKay Investment Company, LLC, an Oregon limited liability company Assignee: McKay Commercial Properties, LLC, an Oregon limited liability company Recording Date: August 24, 2007 Recording No: 2007-059779 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: McKay Commercial Properties, LLC Lessee: Mt. Hood Restaurants, Inc., an Oregon corporation Recording Date: March 7, 2013 Recording No: 2013-012800 Assignment of the Lessee's interest under said lease, Assignor: Mt. Hood Restaurants, Inc., an Oregon corporation Assignee: GBMO, LLC, a Delaware limited liability company Recording Date: March 7, 2013 Recording No: 2013-012801 17. A deed of trust to secure an indebtedness in the amount shown below, Amount: $2,500,000.00 Dated: July 15, 2019 Trustor/Grantor: McKay Commercial Properties, LLC, an Oregon limited liability company Trustee: Cascade Title Company Beneficiary: Summit Bank Loan No.: 610520 Recording Date: July 17, 2019 Recording No: 2019-029772 Includes additional property The above deed of trust contains an error in the legal description, namely said deed of trust describes more property than the Trustor/Grantor owned and if said deed of trust is not to be paid off through the proposed transaction, then said deed of trust should be re-recorded to correct the legal description PMimi., R.,d PnM :01.02.20@01:17PM ORf-FEUGAHRWA71025-SPS-1-20fi0222002550 Order No.: 60222002850 Any irregularities, reservations, easements or other matters in the proceedings occasioning the abandonment or vacation of the streettroad shown below: Name: 18th Street Recording Date: October 23, 1974 Recording No: 7445612 Affects: as delineated on said Partition Plat 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Springfield, a municipal corporation, in Lane County, Oregon Purpose: as mentioned in said easement Recording Date: January 30, 1987 Recording No: 8705217 Affects: as delineated on said Partition Plat 11. Terms, provisions and conditions, including, but not limited to, maintenance provisions, as contained in Cross -Easement Agreement Recording Date: March 10, 1995 Recording No.: 9513917 Amendment(suModifcation(s) of said cross -easement agreement Recording Date: May 3, 2002 Recording No: 2002-034941 Amendment(syModifcation(s) of said cross -easement agreement Recording Date: September 13, 2019 Recording No: 2019-040053 12. Notes and Restrictions, but omitting restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, Or source of income, as set forth in applicable state or federal laws, except to the extent that said restriction is permitted by applicable law, as shown on that certain plat Name of Plat: Partition Plat No. 95-P0078 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: public utility and storm drainage Affects: as delineated on said Partition Plat 14. That certain Warranty Deed conveying the herein described property from McKay Investment Company, LLC, an Oregon limited liability company, as Grantor to McKay Commercial Properties, LLC, an Oregon limited liability company, as Grantee, recorded August 24, 2007 as recording no.: 2007-059778, Lane County Records, contains an error in the legal description, namely said Warranty Dead described more property than the Grantor owned and should be re-recorded to correct the legal description. PMimi., R.,d PnM :01.02.20@01:17PM ORf-FEUG-01520A71025-SPS-1-20fi0222002550 Order No.: 60222002850 The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. It is a requirement that the Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender when the Deed of Trust is being paid off through the Company or other Seftlement/Escrow Agent or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing. 18. Existing additional leases and tenancies, if any, and any! nterests that may appear upon examination of suchleases. 19. Right, title and interest of Burger King Store 1652, as disclosed by the Lane County tax roll record. Account: 5357833 20. Right, title and interest of Jaspers Deli & Gourmet, as disclosed by the Lane County tax roll record. Account: 5438914 21. Right, title and interest of Tax Solutions, Inc., as disclosed by the Lane Countylax roll record. Amount: 5526247 22. Right, title and interest of Papa Murphy's Pizza, as disclosed by the Lane County tax roll record. Amount: 5545184 23. Right, title and interest of Ultra Nails, as disclosed by the Lane County tax roll record. Amount: 5704363 24. Right, title and interest of Lees Mongolian Grill, Inc., as disclosed by the Lane County tax roll record. Amount: 5705053 25. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Preliminary Rep d Pnn :01.02.20@01:17PM ORf-FEUD 1520A71025 -SPS -1-2060222002550 Omer No.: 60222002850 26. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: McKay Commercial Properties, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropdate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate fling stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 27. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: GBM, LLC - manager of McKay Commercial Properties, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropdate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate fling stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 28. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid at that time. An Owner's policy should reflect the purchase price or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. PMimi., Report Print :01.02.20@01:17PM ORf-FEUGe1520A71025-SPS-1-20fi0222002550 Order No.: 60222002850 ADDITIONAL A. Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2019-2020 Amount: $68,747.36 Levy Code: 01900 Account No.: 202471 Map No.: 17-03-25-31-07701 Prior to close of escrow, please contact the Tax Collectors Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. B. Note: Personal Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2019-2020 Amount: $198.19 Levy Code: 01900 Account No.: 5438914 Map No.: 17-03-25-31-07701 Assessed to Jaspers Deli & Gourmet Prior to close of escrow, please contact the Tax Collectors Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. C. Note: Personal Property taxes for the fiscal year shown below is: Fiscal Year: 2019-2020 Levy Code: 01900 Account No.: 5526247 Map No.: 17-03-25-31-07701 Assessed to Tax Solutions, Inc. The above tax account appears to not have been assessed any tax amounts. Prior to close of escrow, please contact the Tax Collectors Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. D. Note: Personal Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2019-2020 Amount: $503.05 Levy Code: 01900 Account No.: 5545184 Map No.: 17-03-25-31-07701 Assessed to Papa Murphy's Pizza Prior to close of escrow, please contact the Tax Collectors Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. PMimi., R.,d PnM :01.02.20@01:17PM ORf-FEUG-01520A71025-SPS-1-20fi0222002550 Order No.: 60222002850 E. Note: Personal Property taxes for the fiscal year shown below are: Fiscal Year: 2019-2020 Levy Code: 01900 Account No.: 5704363 Map No.: 17-03-25-31-07701 Assessed to Ultra Nails The above tax account appears to not have been assessed any tax amounts. Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. Note: Personal Properly taxes for the fiscal year shown below are paid in full Fiscal Year: 2019-2020 Amount: $377.81 Levy Code: 01900 Account No.: 5705053 Map No.: 17-03-25-31-07701 Assessed to Lees Mongolian Grill, Inc. Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. G. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. H. In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final 2006 ALTA Policy unless removed prior to issuance. PMimi., R.,d PnM :01.02.20@01:17PM ORf-FEUD 1520A71025-SPS-1-20fi0222002550 Order No.: 60222002850 The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Ambrosia QSR Oregon, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate fling stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. J. Note: There are no matters against the party(ies) shown below which would appear as exceptions to coverage in a title insurance product: Parties: Ambrosia QSR Oregon, LLC K. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. L. Note: No utility search has been made or will be made for water, sewer or storm drainage charges unless the City/Service District claims them as liens (i.e. foreclosable) and refects them on its lien docket as of the dale of closing. Buyers should check with the appropriate city bureau or water service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. M. Note: Effective January 1, 2008, Oregon law (ORS 314.258) mandates withholding of Oregon income taxes from sellers who do not continue to be Oregon residents or qualify for an exemption. Please contact your Escrow Closer for further information. N. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW AGENT. PMimi., R.,d PnM :01.02.20@01:1]PM ORf-FEUG-01520A71025-SPS-1-20fi0222002550 Omer No.: 60222002850 O. Recording Charge (Per Document) is the following: County First Page Each Additional Page Lane Note: When possible the company will record electronically. An additional charge of $5.00 applies to each document that is recorded electronically. Note: Please send any documents for recording to the following address: Portland Title Group Attn: Recorder 1433 SW 6th Ave. Portland, OR. 97201 P. Note: This map/pi ai is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances Or acreage shown thereon. Q. NOTE: IMPORTANT INFORMATION REGARDING PROPERTY TAX PAYMENTS: Fiscal Year: July 1st through June 30th Taxes become a lien on real property, but are not yet payable: July let Taxes become certified and payable (approximately on this dale): October 15th First one third payment of taxes is due: November 15th Second one third payment of taxes is due: February 15th Final payment of taxes is due: May 15th Discounts: If two thirds are paid by November 15th, a 2% discount will apply. If the full amount of the taxes are paid by November 15th, a 3% discount will apply. Interest: Interest accrues as of the 15th of each month based on any amount that is unpaid by the due date. No interest is charged if the minimum amount is paid according to the above mentioned payment schedule. PMimi., R.,d PnM :01.02.20@01:17PM ORf-FEUD 1520A71025-SPS-1-20fi0222002550 EXHIBIT ONE 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06.1746) EXCLUSIONS FROM COVERAGE The Mlaxir, matters are normally ewlutletl ham the coverage of this p liry and Ida Connote, well rut pay lass or damage, coat, attorneysteen or expenses teat ansa by mown M 1. (a) My taw, backhands or goaemmeMal regulation (including but not limited to building and wring) restricting, regulating, prohibiting or relating e (i) Ne MCu,a . use,or...Man of the Land; (II) the Meredr, dlmenaloru or Iwatlan Many Improvement erected on IM lam; (iii), the aWdihmon of land: or (iv)umMnMOM prosdlon; r tela effect of any violation M rinse lees, ordinances an govammental regulations. This Exdakn f (a) does not modify or limb Mite revenge provided under Covered Risk 5. (b) Am govemmeMel polka power. This Exclusion 1(b) don nM modify or limit tin mverzge c dNdetl under Cowered Risk 6. 2. Rights M enj domain. This Excused does not modify or junk Mar covers, provided under Conrad Risk 7 or 8. 3. Danish, lien, emumbanms, adverm claims, or MM1ar rtaXers (a) created, suffered, assumed or agreed to by the Insured Claimant ad ret known a the Compare, not rererded in the Public Records at Das M Pol but known to foe Insured Claimant and not disclosed in vrtXing to the Company by trip Insured Claimant prior to the data Me Insured Claimant became an Insured under this Policy; (c) resulgrre in m loss undamaga to the Insured Claimant; (it) attaching or created su am,dent to Data of Polity Move sur, this don nM modify or limit the wverege promised! under Comad Risk 11. 13. or 14); or (e) making in lees or damage TM would ret base been sustired X the Insured Claimant had paid valuefor Me Insured Mortgage. 4. UMnMrcrabllity ofthe lien ofthe Insured Morlgaae because M the inability or (allure M an Insured to comply with the applicable doing -business lam of lite Mat where the Land is shame. 5. Retail or unmwassubility in whole u in part of the lien M Na Insured Mortgage Mat arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit pmteGion or huh-in-IeMing law. B. My claim, by reason M gip operation M Inderal banluupty, state imolveruy or similar cambes' right laws, that the "Punched seating Me lien M the Insured bbrtgage, is (a) a fraudulent conveyance or fraudulent treater, or (b) a preferential treater for em reason not mind in the Covered Risk 13(b) ofthis Policy. 7. My lien an the Title for real eMat Was or a eeammt imposed by gavemmartl summer, and created vattcbing between Data of Policy ant the date MrecoNing M the Insured Well In foe Public Records. This Eulusion trees not noddy or limit the coverage provided under Caused Rink 11(b). The above policy ban may be Issued W short either StMard Condi or Extended Cove ige. In addition so gip above Endusionsfrwn Coverege, the Pascal from Coverage In a Standard Coverage pollmwill also include the fdlawirg EsceMioa ham Commge. SCHEDULE B -GENERAL EXCEPTIONS FROM COVERAGE This policy does not inure amundloss or damage (and the Compel not pay cods, atameys' fees oremenw5)w1dc1h Had by reawn of. 1. Tama or aseeament which are rot shown as adebng liana by Me records M an, 4. Any encroachment, enmmbranos, Nolwnin, nication, s scheme chaumdarce Wing euMonry that levies tam an assessment on real property or by the Public affecting the Tge Met would be discksed by an Well and complete and survey of Records, proceedings by a public agency which may result In bases or asseswrent, the Land The tare 'a waMmeW souda a rmchmeMa M "Min, or notices of such proceedings, whether or of shown by Me records of such agency Improvements loaned an the taM ora adjoining and, and encr mal meMs or a this or by the Public Records. Land aeusting impdvemerm lowktl an adjurm,j land, 2. Marks rights, IMereat or dalms which are at shown "a Public Records but MAM 5. My Ilan kr Brans, labor an mod hoe m or Mreaher furnished an could be ascenainec by an inspection of the Land of by making inquiry of Presse in cohtri udioa cue to the State M Oregon tar unemployment compensation or worker's Possession thereof. omPon9albn, imposed by law antl not duwn by Me Public Records. 3 Easement, or daima M easement, awn shown by the Public Records; amemtlaa or ercepiars in patent or In Ards eNMraing the ascents thereof, water rights. claims or title to water. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (0647-06) EXCLUSIONS FROM COVERAGE The fact rg madam am expressly excluded M1pm the coverage M this paid, and trip Company will mf pay loin or damage, swat, aXomeys' We or expenses Mal ansa by nesse M; 1. (e) My law, ordinenw or gwemmentl raguldion ducluding but net limited to building and ming) dancing, regulating, pum biting or relating to (i) the occupancy, use, or enjpymed M M, tend; (it) the chances, dimensions or Inration Many improvement erected on M, IoM; (III) the sundered M land; or (is) ewiddernectual pM¢Mion: or Me eHed of any Nolation M new laws, ordinances or govamm l Mutations. This Fxduskn 1(a) deals nM mail an hand trip coverage prodded under Covered Risk 5. (b) Any govemmenml police and. This ExtWon t(b) deep nM redly an limit Ire verage poAded under Covered Risk 6. 2. Rights M eminent tlpain. This E dusion ticea o1 madly or III Me damage prei under ComrM al Tor e. 3. Defaces. here, emumbrauas, edveraedaima, M ethanollem (a) created, surround, amamed or agreed to mode Insured Claimant (b) not known to the Company, at recorded in the Public Records at Data M Pdicy. bed Mmwnto IM1e lured Claimant and ret i isdomd In writing tome Company dr, tare Insured Claimant prior he Me dark the Insured Claim" became an laure] under this polio; (c) meul5ng in no Ina ofdamage to the Insured Claimant; (it) attaching or created subsequent to Date M Policy (however this don not modify or limit the revenge pmvitlad under Cmrered Risk 9 and 10); or (a) maukng In los or damage that would of have been sustained K the Insured Claimant had pais vawefortho nue. My claim, by on M the .,.firm M fedeal [peripheral an. impotency or similaetllkn' ra nght laws, that Me thermal «eating Me lien M fla Insured Mortgage, is (a) a fraudulent omeyana or haul thander, or (b) a presrential transfer for any reawn not stated in the Comred Risk 9 of this Policy. My lien an the Title for real estate taxes or aasesamant Imposed by governmental auunny and created enrapturing between Data of Policy ant the tles of recording M the dead or other mMn O M transfer In Me Public Records Mat seat Title as shown in screaukA The etOve Policyfoml my be when m afford either 3eMand coverage or ExkMed Coinage. In addition m the above FYmdaa fon Cove2ge, the Exreplms from Coremge Ina StMaa Coverage pollmwtll aim IMUM Ile Mining Emulations from Condemn. SCHEDULE B -GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Compel M pay cads, maedi lues orecei which arse by raawn of. 1. Tama or assessment which are of dpwn as edding (lens by Me records of any 4. My encroachment, encumbrance, vlolagon, warned, or assume clrcumdands Wing autheriry that levies ares or assessment on and property or by Me Public affecting the Title Met would be disclosed by an accuree ant complete land survey M Records; proceedings by a public agency which may result In tams or asset arremks the Land The term encreachmencr includes ancrociduchments M existing or return of such proceedings, whether or cwt shown by Me mcoas of such agency Improvements located an the tent pro adjoining hand, and entrenchments Pont the or by the Public Records. Land aedsting improvements locates on adjoining land, 2 cards ,rights,iMereatordaimawbiMamwtsMwnby Me Public RecordabM"ich 5. My lien he services, loam or material berdofore or MreaMec famished, or be cauls be asosndned by an iapxton ofthe Land or m making Indian, ofpemoa in conGbmNana sue b the Stde M Oregonfar memfyoyment condensation orsoMeYa Possession thereofcomparmon, imposed by law and not Won mode Public Records. 3. Easements, or deme of easement, of shown by the Public Reordg reservations or exceptipa in paints or In Ads sNndrting the lmusersto thereof, water rights, claims or title to ward,. Preliminary Report (Exhi One) Pdnsd: 04.02.20 @ 01:17 PM OR -FT -FEU ]4160.4710 PS -1-2P60222002650