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HomeMy WebLinkAboutApplication APPLICANT 5/4/202110ty of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision SPNINOFIB� Application Type (Applicant., check one) Partition Plat Pre-Submittal:Subdivision Plat Pre -Submittal: Partition Plat Submittal: Subdivision Plat Submittal: Required Project Information (Applicant: complete this section) Applicant Name: Marcola Meadows Neiahborhood. LLC Phone:Please contact consultant Company: Marcola Meadows Neighborhood, LLC Fax: Please contact consultant Address: 27375 SW Parkway Ave Wilsonville, Oregon 97070 Applicant's Rep.: Consultants: Rob Rettig and Chris Goodell phone: 503 563-6151 Company: AKS Engineering and Forestry Fax: (503) 563-6152 Address:12965 SW Herman Road Suite 100 Tualatin Oregon 97062 Email: chris @aks-en .co Property Owner: Marcola Meadows Neighborhood, LLC Phone: Please contact consultant Company: Marcola Meadows Neighborhood, LLC I Fax: Please contact consultant Address: 27375 SW Parkway Ave Wilsonville, Oregon 97070 ASSESSOR'S MAP NO:17-02-30-00 TAX LOT NOS : 1800 Property Address: North of Marcola Road, West side of 31 st Street Size of Property: ±8.72 acres, ±379,775 sf Acres ® Square Feet Proposed Name of Subdivision: Marcola Meadows Phase 1 B Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal.56 lots for single-family detached dwellings and tracts for public facilities. Existing Use: Vacant Undeveloped Land Tentative Case #:811-19-000262-TYP2 # of Lots Parcels:56 lAvg. Lot/Parcel Size: 3795 sf I Density: 14 du/acre Signatures: Please si nand rint our name and date in thea ro riate box on the next a e. Required Project Information (City Intake Staff., complete this section) Associated Applications: Pre -Sub Case No.: Date: Reviewed by: Case No.: II' a1- 000 Date: Reviewed by: Application Fee: 1I17 -V Technical Fee: I Flo. 30 1 Postage Fee: $0 TOTAL FEES: PROJECT NUMBER: Revised 10.14.13 kl 1 of 6 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, infer ion, requests and requirements conveyed to my representative. ignature Date: S ' kiP-IL IVA-ALOV auomfttal 1 represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the appf.t.h 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. Owner: Date: 01 --Z 51g re Y412-1 L IVA-A!d✓ Print Revised 10.14.13 kl 2 of 6 Land Division Plat Application Process (see next page for a diagram of this process) 1. Applicant Submits a Land Division Plat Application for Pre -Submittal • The application must conform to the Land Division Plat Pre -Submittal Requirements Checklist on pages 4-6 of this application packet. • A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal meetings are conducted every Tuesday and Friday, from 10:00 am - noon. • Planning Division staff strives to conduct pre -submittal meetings within five to seven working days of receiving an application. 2. Applicant and the City Conduct the Pre -Submittal Meeting • The applicant, owner, and design team are strongly encouraged to attend the pre - submittal meeting. • The meeting is held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall's office, and the Planning Division and is scheduled for 30 to 60 minutes. • The Planner provides the applicant with a Pre -Submittal Checklist specifying the items required to make the application complete if it is not already complete, and the applicant has 180 days submit a complete application to the City. 3. Applicant Submits a Complete Land Division Plat Application • When the applicant has addressed all items on the Pre -Submittal Checklist and the City Surveying Section has notified the applicant's surveyor that the plat and other documents are sufficiently refined, the applicant can submit a complete application to the City Survey Section located in the NW Quad of City Hall. • The application must conform to the Land Division Plat Submittal Requirements Checklist on page 6 of this application packet. • If the submittal is deemed complete, the City Survey Section will sign -off on the City Survey approval sheet and send the applicant to the Development & Public Works Department for application submittal and fee collection. • Planning staff checks and signs the mylars. 4. Applicant Records Plat at Lane County & Submits Plat and Documents to City • After Planning staff checks and signs the mylars, the plat may then be recorded by the applicant's surveyor at Lane County. • After plat has been recorded at Lane County, applicant submits five (5) recorded, rolled paper copies of the plat and three (3) copies of required documents to the Development & Public Works Department prior to the issuance of building permits. Revised 10.14.13 kl 3 of 6 LAND DIVISION PLAT APPLICATION PROCESS Applicant submits land division plat application for pre -submittal (See Land Division Plat Pre -Submittal Requirements Checklist) City departments review application for completeness and hold pre -submittal meeting to discuss completeness issues with applicant and applicant's representatives. Applicant addresses incomplete items. City Surveyor checks application and returns comments to applicant's surveyor. Applicant's surveyor corrects plat City Surveyor conducts field check and and returns to City Surveyor. returns comments to applicant's surveyor Applicant's surveyor sets new monuments and flags existing ones. Once no errors appear on the plat and a current title report is submitted, applicant's surveyor is given ok to submit complete land division plat application. After okgiven from City Surveyor and applicant has addressed all incomplete items from pre -submittal, applicant submits complete application to the City Survey Section (See Land Division Plat Submittal Requirements Checklist) City Survey Section signs -off on City Survey approval sheet and sends the applicant to the Development & Public Works Department for application submittal and fee collection. Planning staff checks and signs mylars and notifies applicant's surveyor of approval. Applicant takes plat and accompanying documents to Lane County for recording. Applicant brings copies of recorded plat and documents to Development & Public Works Revised 10.14.13 kl 4 of Land Division Plat Pre -Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. Any applicable application, technology, and postage fees, are collected at the pre -submittal and submittal stages. Land Division Plat Application Form Letter Addressing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each item. Five (5) Paper Copies of the Plat stamped and signed by the surveyor. Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all common areas, dedicated areas, and easement areas that are not simple parallel offsets. Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being divided. The title report must be dated within 30 days of submittal at the time of the final submittal. An older report is OK at the pre -submittal stage. Two (2) Copies of Each of the Reference Documents and Plats listed on the plat. Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest title to the owner listed on the plat), existing easement deeds, and documents listed as exceptions in the title report, etc. Two (2) Draft Copies of any street dedications. Two (2) Draft Copies of Any New Easements or Restrictions being created by separate document, improvement agreements, maintenance agreements, joint use ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other documents that will be recorded together with the plat or that are required by the Conditions of Approval. Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by separate document is required from all Trust Deed, mortgage, or other secured loan interest holders against the property to be recorded simultaneously with the plat IF any public dedications or easements are being made and/or any other interests are being transferred to the public per ORS 92.075 (2-4). N/A ❑ Copies of Wetland Documents as required. N/A ❑ Copies of ODOT Access Permits as required. ODOT JURISDICTION IS NOT RELEVANT. 'e Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a template. N/A ❑ Verification that Street Tree Agreement is in Progress as required. N/A ❑ Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as required. THIS PLAT IS ASSOCIATED WITH THE MARCOLA MEADOWS MASTER PLAN. Revmed 10.14.13 kl 5 of 6 Post Monumentation Deposit as required for subdivisions only. City Survey Section has current fee schedule and templates. N/A❑ Location of Any Floodways in accordance with SDC 3.3-400. NO FLOODWAY INVOLVED. ie Existing Easements Clearly Identified with Their Recorded Reference. le New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right -of -Way. Land Division Plat Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. .le Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. if Land Division Plat Application Form ie Two (2) Copies of the Deed se Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. Copy of the Mylar on Bond Paper Original and Copy of all Required Documents with signatures where appropriate. INCLUDED, AS APPLICABLE Revised 10.14.13 kl 6 of 6 Fidelity National Title Company of Oregon Order No. 60222011346 Fidelity National Tine = r pvyaroresoo 800 Willamette Street, Ste 500 (541)683-5422 OWNERSHIP AND ENCUMBRANCES REPORT WITH GENERAL INDEX LIENS Informational Report of Ownership and Monetary and Non -Monetary Encumbrances To ("Customer'): Marcola Meadows Neighborhood LLC 9550 BE Clackamas Rd Clackamas, OR 97015 Customer Ref.: Marcola Meadows Phase 1 B Order No.: 60222011346 Effective Date: April 28, 2021 at 08:00 AM Charge: $400.00 The information contained in this report is furnished by Fidelity National Title Company of Oregon (the "Company") as a real property information service based on the records and indices maintained by the Company for the county identified below. THIS IS NOT TITLE INSURANCE OR A PRELIMINARY TITLE REPORT FOR, OR COMMITMENT FOR, TITLE INSURANCE. No examination has been made of the title to the herein described property, other than as specifically set forth herein. Liability for any loss arising from errors and/or omissions is limited to the lesser of the charge or the actual loss, and the Company will have no greater liability by reason of this report. THIS REPORT IS SUBJECT TO THE LIMITATIONS OF LIABILITY STATED BELOW, WHICH LIMITATIONS OF LIABILITY ARE A PART OF THIS REPORT. THIS REPORT INCLUDES MONETARY AND NON -MONETARY ENCUMBRANCES. Par[ One - Ownership and Property Descriotion Owner. The apparent vested owner of property ("the Property') as of the Effective Date is: Marcola Meadows Neighborhood LLC, an Oregon limited liability company Premises. The Property is: (a) Street Address: 2025 31st Street, Springfield, OR 97477 (b) Legal Description: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Informational Report of Ownership and Monetary and Nan -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 Part Two - Encumbrances Encumbrances. As of the Effective Date, the Property appears subject to the following monetary and non -monetary encumbrances of record, not necessarily listed in order of priority, including liens specific to the subject property and general index liens (liens that are not property specific but affect any real property of the named person in the same county): EXCEPTIONS 1. Any adverse claim based upon the assertion that: a. Said land or any part thereof is now or at any time has been below the highest of the high watermarks of the ditch and/or stream, in the event the boundary of said river has been artificially raised or is now or at any time has been below the high watermark, if said river is in its natural state. b. Some portion of said land has been created by artificial means or has accreted to such portion so created. c. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the ditch and/or stream, or has been formed by accretion to any such portion. 2. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of the ditch and/or stream and the ownership of the State of Oregon in and to that portion lying below the high water mark thereof. 3. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. 4. Easements) for the purposes) shown below and rights incidental thereto, as granted in a document. Granted to: Benham Irrigation Company Purpose: Reference is made to said document for full particulars Recording Date: May 1, 1919 Recording No: Book 119, Page 560 5. Easements) for the purposes) shown below and rights incidental thereto as granted in a document; Granted to: Benham Irrigation Company Purpose: To construct and maintain a ditch Recorded: July 17, 1919, Book 121, Page 66. Affects: Blanket Easement - exact location not given 6. Easements) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of Eugene Purpose: Electric transmission line Recorded: July 12, 1937, Book 188, Page 452. 7. Declaration of Restrictions, including the terms and provisions thereof, Recording Date: October 19, 2007 Recording No.: 2007-071865 8. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gentler identity, Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 gender expression, medical condition or genetic information, asset forth inapplicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, asset forth in the document Recording Date: July 3, 2008 Recording No: 2008-039321 9. The Villages at Marcola Meadows, Final Master Plan, including the terms and provisions thereof Recording Date: July 25, 2008 Recording No.: 2008-043D41 10. The Villages at Marcola Meadows, Final Master Plan Modification, including the terms and provisions thereof Recording Date: August 17, 2018 Recording No.: 2018-038501 it. Declaration of Restriction, including the terms and provisions thereof Recording Date: August 17,2018 Recording No.: 2018-038502 12. Declaration of Restriction and Consent, including the terms and provisions thereof, Recording Date: August 17, 2018 Recording No.: 2018-038503 13. A deed of trust to secure an indebtedness in the amount shown below, Amount: $6,179,644.05 Dated: December 16, 2D19 Trustor/Grantor: Marcola Meadows Neighborhood, LLC Trustee: Trustee Services. Inc. Beneficiary: Construction Loan Services, LLC Loan No.: 71578 Recording Date: December 17, 2019 Recording No.: 2019-057710 —Includes Additional Property" 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 Settlement/Escrow Agent or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing. An assignment of the beneficial interest under said deed of trust which names: Assignee: Builders Capital Opportunity Fund, LLC Loan No.: 71578 Recording Date: February 24. 2020 Recording No.: 2020-009040 14. The effect of, Declaration of Property Line Adjustment, including the terms and provisions thereof., Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 Recording Date: June 4, 2020 Recording No.: 2020-028024 15. Deed Restriction, including the terms and provisions thereof, Recording Date: June 4, 2020 Recording No.: 2020-028059 16. Deed Restriction, including the terms and provisions thereof, Recording Date: June 4, 2020 Recording No.. 2020-028060 17. A deed of trust to secure an indebtedness in the amount shown below, Amount: $777,500.00 Dated: May 20, 2020 Trustor/Grantor: Marcola Meadows Neighborhood LLC, an Oregon limited liability company Trustee: First American Title Beneficiary: D.R. Horton, Inc. Loan No.: N/A Recording Date: June 18, 2020 Recordina No.: 2020-031184 A substitution of trustee under said deed of trust which names, as the substituted trustee, the following Trustee: Chicago Title Company of Oregon Recording Date: September 16, 2020 Recordina No: 2 02 0-0 5211 3 An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Chicago Title Company of Oregon, and D.R. Horton, Inc. Recording Date: September 16, 2020 Recording No: 2020-052114 Partial Reconveyance An agreement recorded December 7, 2020 at Recording No.: 20213-071785 which states that this instrument was subordinated to the Deed of Trust shown in Exception No. 19 below, Recording Date: December 07, 2020 Recording No.: 2020-071784 An agreement to Amend the terms and provisions of said deed of trust as therein provided Executed by: D. R. Horton, Inc. -Portland and Marcola Meadows Neighborhood, LLC, an Oregon limited liability company Recording Date: January 25, 2021 Recording No: 2021-005086 An agreement recorded February 1, 2021 at Recording No.: 2021-006990 which states that this instrument was subordinated to the Deed of Trust shown in Exception No. 20 below, Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 Recording Date: February 1. 2021 Recording No.: 2021-006957 18. Restrictions, but amitting 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. 2020-P2972 Recording Date: September 11, 2020 Recording No: 2020-051249 Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2020-2021 Amount: $97,740.36 Levy Code: 01900 Account No.: 113785 Map No.: 17-02-30-00-01800 19. A deed of trust to secure an indebtedness in the amount shown below, Amount: $15,069,724.75 Dated: December 3, 2020 Trustor/Grantor: Marcola Meadows Neighborhood, LLC Trustee: Trustee Services, Inc. Beneficiary: Construction Loan Services II, LLC Loan No.: N/A Recording Date: December 07, 2020 Recording No.: 2020-071784 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 Settlement/Escrow Agent or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing. This Deed of Trust will take priority over Exception No. 17 herein, by subordination Recorded December 07, 2020, Recording No. 2020-071785. An assignment of the beneficial interest under said deed of trust which names: Assignee: Builders Capital Finance LLC Loan No.: 71745 Recording Date: December 9, 2020 Recording No.: 2020-072373 20. A deed of trust to secure an indebtedness in the amount shown below, Amount: $2,866,935.00 Informational Report of Ownership and Monetary and Nan -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 Dated: January 21, 2021 Trustor/Grantor: Marcola Meadows Neighborhood, LLC, an Oregon limited liability company Trustee: First American Title Insurance Company Beneficiary: D.R. Horton, Inc. -Portland, a Delaware corporation Loan No.: N/A Recording Date: February 1, 2021 Recording No.: 2021-006957 This Deed of Trust will take priority over Exception No. 17 herein, by subordination Recorded February 01, 2021, Recording No. 2021-006990. 21. Marcola Meadows Final Master Plan Document, including the terms and provisions thereof, Recording Date: March 18, 2021 Recording No.: 2 021-01 8704 End of Reported Information There will be additional charges for additional information or copies. For questions or additional requests, contact: Kim Ditlefsen 541-683-5422 kim.ditl efsen @titleg rcup.fntg. cam Fidelity National Title Company of Oregon 800 Willamette Street, Ste 500 Eugene, OR 97401 Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) EXHIBIT "A" Legal Description A tract of land situated in the southwest one-quarter and northwest one-quarter of Section 30, Township 17 South, Range 2 West and the southeast one-quarter of Section 24 and the northeast one-quarter of Section 25, Township 17 South, Range 3 West, Willamette Meridian, City of Springfield, Lane County, Oregon, and being described as follows: Beginning at the Initial Point, being a found 518 -inch iron rod with a yellow plastic cap inscribed "AKS Engr." at the southeast corner of "Marcola Meadows Phase 1A", Plat No. 2020-055484, Lane County Plat Records, said point being on the westerly right-of-way line of 31st Street (30.00 feet from centerline); thence South 01 °57'55" West along said westerly right-of-way line, 217.51 feet; thence continuing along said westerly right-of-way line North 88°02'05" West, 5.00 feet; thence leaving said westerly right-of-way line North 01'57'55" East, 90.51 feet to the point of curve left of a 9.00 foot radius curve; thence along the arc of said curve left through a central angle of 90.00'00", 14.14 feet (chord bears North 43002'05" West, 12.73 feet); thence North 88`02'05" West, 61.00 feet to the point of curve left of a 565.00 foot radius curve; thence along the arc of said curve left through a central angle of 3°33'51", 73.91 feet (chord bears South 88°13'04" West, 73.85 feet); thence North 05"31'46" West, 70.00 feet to a point of non -tangent curvature; thence northeasterly along the arc of a 9.00 foot radius curve left (the radius point of which bears North 05°31'46" West) through a central angle of 82"30'19", 12.96 feet (chord bears North 43°13'04" East, 11.87 feet); thence North 01"57'55" East, 44.50 feet to the most southerly southwest corner of said "Marcola Meadows Phase 1A"; thence South 88°02'05" East along the southerly line of said "Marcola Meadows Phase 1A", 150.00 feet to the Initial Point; and beginning at a point herein defined as thePoint of Beginning, being a found 5/8 -inch iron rod with a yellow plastic cap marked "AKS Engr." at the northwest corner of Lot 17, said "Marcola Meadows Phase tA" and bearing North 42`14'36" West., 618.17 feet from the Initial Point; thence tracing the boundary of said "Marcola Meadows Phase 1A" along the following courses: South 08°17'26" East, 90.00 feet; thence South 81°42'34" West, 15.60 feet; thence South 08°17'26" East, 140.00 feet; thence leaving said "Marcola Meadows Phase 1A" boundary South 81042'34" West, 872.00 feet; thence South 08017'26" East, 140.00 feet; thence South 81'42'34" West, 15.56 feet; thence South 08°17'26" East, 100.00 feet: thence South 81 °42'34" West, 256.00 feet; thence North 08°17'26" West, 96.00 feet to the point of curve left of a 4.00 foot radius curve; thence along the arc of said curve left through a central angle of 90000'00", 6.28 feet (chord bears North 53'17'26" West, 5.66 feet); thence South 81'42'34" West, 30.65 feet; thence North 08°17'26" West, 220.00 feet; thence South 81'42'34" West, 91.52 feet to a point of non -tangent curvature; thence northwesterly along the arc of a 75.00 foot radius curve left (the radius point of which bears South 70°1021" West) through a central angle of 68°40'18", 89.89 feet (chord bears North 54°09'48" West, 84.61 feet); thence North 08°17'26" West, 91.09 feet to the northedy line of Parcel 3, Land Partition Plat No. 2020-P2972, Lane County Plat Records; thence North 81 °42'34" East along said northerly line, 1346.06 feet to the Point of Beginning. Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 LIMITATIONS OF LIABILITY "CUSTOMER" REFERS TO THE RECIPIENT OF THIS REPORT. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REQUESTED REPORT, HEREIN "THE REPORT." CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED. CUSTOMER AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS TERMS THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT: ONLY MATTERS IDENTIFIED IN THIS REPORT AS THE SUBJECT OF THE REPORT ARE WITHIN ITS SCOPE. ALL OTHER MATTERS ARE OUTSIDE THE SCOPE OF THE REPORT, CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE REPORT. CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE THE CUSTOMER IS PAYING, WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO THE CUSTOMER WITHOUT SAID TERM. CUSTOMER RECOGNIZES THAT THE COMPANY WOULD NOT ISSUE THE REPORT BUT FOR THIS CUSTOMER AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THE REPORT. THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THE REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTY AS TO THE REPORT, ASSUMES NO DUTIES TO CUSTOMER, DOES NOT INTEND FOR CUSTOMER TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE REPORT OR OTHERWISE. Informational Report of Ownership and Monetary and Nan -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222011346 IF CUSTOMER (A) HAS OR WILL HAVE AN INSURABLE INTEREST IN THE SUBJECT REAL PROPERTY, (B) DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND (C) DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, THEN CUSTOMER MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCT OR SERVICE PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY. CUSTOMER AGREES THAT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS.. RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON -OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT. BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES. END OF THE LIMITATIONS OF LIABILITY Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) AF'PER RECORDING REnTR '10. Builders Capital Opportunity Fund, LLC 5601 6th Avenue South, Suite 350 Seattle, Washington 98108 BENEFICIARY Builders Capital Opportutilty Fund, LLC 5601 6th venue South, Suite 350 Seattle, Washington 98108 SUBDIVISION CONSENT AFFIDAVIT We, Builders Capital Opportunity Fund, LLC, a Washington limited liability company, assignee of beneficial interest recorded February 24th 2020, as fee number 2020-009040, Lane County Records, of that certain Trust Deed recorded December 17th 2019, as fee number 2019-057710, Lane County Records, hereby consents and agrees to the declaration of Marcoia Meadows Phase 1B Subdivision, and also consents to any dedications or donation of property to public purposes. By: Builders Capital Opportunity Fund, LLC a W sly ton limited liability company as COO (EE12a,'Y)664,eio (Pro, r a,ne) STATE OF WASHINGTON )ss. County of ?'1 (free ) BE IT REMEMBERED, That on this Iffnday of f i , . 20 a\ , before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named S I I 0Vp)M 83 f i n as lo'nn of�jo"Ir�P[S rnPllnl �IX.e!}tm�}y-0_�-ny , company and that said instrument was signed and sealed on behalf of said company, and does acknowledge said instrument to be its voluntary act and deed. NOTARY FWJBLICdAOR WASHINGTON ATI' COMMISSION EXPIRES: 10 6ZO,9-1 AF[FR RECORDING RETURN TO. Builders Capital Finance LLC 5601 6th Avenue Snuth, Suite 330 Seattle, Washington 98108 BENEt1CLUY Builders Capital Finance LLC 5601 6th Avenue South, Suite 350 Seattle, Washington 98108 SUBDIVISION CONSENT AFFIDAVIT We, Builders Capital Finance LLC, a Washington limited liability company, assignee of beneficial interest recorded December 9th 2020, as fee number 2020-072373, Lane County Records, of that certain Trust Deed recorded December 7th 2020, as fee number 2020-071784, Lane Cowuy Records, hereby consents and agrees to the declaration of Mancola Meadows Phase IB Subdivision, and also consents to any dedications or donation of property to public purposes. By: Builders Capital Finance, LLC a Washington limited Lability company as 'OO ��✓ elSLQ.bek-h (print name) STATE OF WASHINGTON ) County of Y�ecee ) BE IT REMEMBERED, That on this 2glday of AV 1 � _ 2059L before me, the undersigned, a Notary Public in and for said County and State,jply appeared the within named P - i 7.hberl'h 12r"Af� as EWA of Buil eC< iQq'%1rn\ 'Pmn(I(P.L4{ ompany and that said instrument was signed and sealed on behalf of said company, and does acknowledge said instrument to he its voluntary act and deed. NOTARY PPB LIC R WASHINGTON MY COMMISSION EXPIRES: [ n j l H 13002 j A17FRR RECORDING RETUICN'1'0: D.R. Horton, Inc. Portland 4380 S.W. Macadam Ave. Suite 200 Portland, Oregon 97239 BLNLI41CIARY D.R. Horton, Inc. -Portland 4380 S.W. Diacadam Ave. Suite 200 Portland, Oregon 97239 SUBDIVISION CONSENT AFFIDAVIT We, D.R. Hoxton, Inc. -Portland, a Delaware corporation, beneficiary of that certain Trust Deed recorded June 18th 2020, as fee number 2020-031184, Lane County Records, as amended by that certain Amendment to Deed of Trust recorded January 25th 2011, as fee number 2021-005086, Lane County Records, hereby consents and agrees to the declaration of Marcola Meadows Phase 1B Subdivision, and also consents to any dedications or donation of property to public purposes. D.R. Horton, Inc.-Pordand a Delaware corporation STATE OF OREGON )ss. County of-muhi0111a L ) BE IT REMEMBERED, That on this qday of AyI '202_1 _1 before me, the undersigned, a Notary Public in and for said County and State, personallyappeared the within named as I2'MSIw i0roD ILVIt ofb. K. Ifayhn ,1&, — P"aPA,,g DCL= ( corporation and that said instrument was signed and sealed on behalf of said corporation, and does acknowledge said instrument to be its voluntaryact and deed. OFFICIAL STAMP ASHLEY FRANCES MEAD NOTARY PUBLIC - OREGON 44�46/ COMMISSION NO. 1000689 r OTARYLIC FOR OREGON (� MY COMMISSION EE%PSA—..r. - - -- - MY COM. SSION EXPIRES: puna 4202f- A=R RECORDING RETURN TO: D.R. Horton, Inc -Portland 4380 S.W. Macadam Ave. Suite 200 Portland, Oregon 97239 BENEFICIARY D.R. Horton, Inc. Portland 4380 S.W. Macadam Ave. Suite 200 Portland, Oregon 97239 SUBDIVISION CONSENT AFFIDAVIT We, DR Horton, Inc.-Pordand, a Delaware corporation, beneficiary of that certain Trust Deed recorded February 1st 2021, as fee number 2021-006957, Lane County Records, hereby consents and agrees to the declaration of Mmeola Meadows PBase 1B Subd(vision, and also consents to any dedications or donation of property to public purposes. D.R. Horton, Inc. -Portland, a Delaware corporation By: !/ vl Co zi �i President (print name) STATE OF OREGON County of Mubhihvnah ) BE IT REMEMBERED, That on thisJJ�l, in Lday of —20 _2A before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within sealed on behalf of said corporation, and does deed. OFFICIALS AMP ASHLEY FRANCES MEAD NOTARY PUBLIC -OREGON COMMISSION NO. 1000689 ,` MV COMMISSION EXPIRES JUNE 04, 2024 orporation and that said instrument was signed and ledge said instrument to be its voluntary act Ad NOT. PU C FOR OREGON 114Y COMMI ON E%PIRF,S:kj m a Ow z0 U' w c °' tizNa w tt0O O W zz f W ❑ m H `� OxLLW ��-lw0000ww<= ZmWO?NwU'm`nOLL"w''r 6O .a W_ N LLC1N W—F- �¢W❑Oi Zo Z. 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