HomeMy WebLinkAboutApplication APPLICANT 6/22/2021City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Property Line Adjustment
SPRINGFIELD
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PROPERTYI
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Tax Lot #:
Property Address: PWC' C, S KOGIFAii
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PROPERTY 2
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Description of 11 you are filling in this form by hand, please attach your proposal description to this application.
Proposal:
Si natures: Please sign and print your name and date in thea
Required Project Information (City Intake Staff.,
Associated Applications:
ro riate box on the next a e.
complete this section)
Case No.:e( —24 -LC Y
Date: 21
Reviewed by:
Application Fee: $ �li :J •W�1 �
Technical Fee: $
Posta a Fee: $0
TOTAL FEES: $ 12U)-- ZJ
PROJECT NUMBER:
Revised 6/6/11 Liz Miller 1 of 4
Signatures
The/ Y alknowledges that the information in this application is correct and accurate.
Date: 1b
ignature
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If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 1:
Date: 44?[a,
Sig
Print
Property
Owner 2:
nature
Date:
Revised 6/6/11 Liz Miller 2 of 4
Property Line Adjustment Application Process
1. Applicant Submits a Property Line Adjustment Application to the Development &
Public Works Department
The application must conform to the Property Line Adjustment Submittal
Requirements Checklist on page 4 of this application packet.
Planning Division staff screen the submittal at the front counter to determine
whether all required items listedinthe Property Line Adjustment Submittal
Requirements Checklist have been submitted.
Applications missing required items will not be accepted for submittal
2. City Staff Conduct Detailed Completeness Check
• Planning Division staff conducts a detailed completeness check within 30 days of
submittal.
• The assigned Planner notifies the applicant in writing regarding the completeness of
the application.
• An application is not deemed technically complete until all information necessary to
evaluate the proposed development, its impacts, and its compliance with the
provisions of the Springfield Development Code and other applicable codes and
statutes have been provided.
• Incomplete applications, as well as insufficient or unclear data, will delay the
application review process and may result in denial.
3. City Staff Review the Application & Issues a Decision
• This is a Type I decision and thus is made without public notice and without a public
hearing since there are clear and objective approval criteria and/or development
standards that do not require the use of discretion.
• Decisions address all the applicable approval criteria and/or development standards.
• Applications may be approved, approved with conditions, or denied.
• The City mails the applicant and any party of standing a copy of the decision, which
is effective on the day it is mailed.
• The decision issued is the final decision of the City and may not be appealed.
Revised 6/6/11 Liz Miller 3 of 4
Property Line Adjustment 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. The applicable application, technology, and postage fees are collected
at the time of complete application submittal.
❑ Property Line Adjustment Application Form
❑ Copy of the Deed for all properties involved in the property line adjustment.
❑ Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances for all properties involved in the property line
adjustment.
❑ 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, including findings demonstrating compliance with SDC 5.16-125,
Property Line Adjustment Criteria.
❑ Three (3) Copies of a Preliminary Survey including the following:
❑ Prepared, stamped, and signed by an Oregon licensed land surveyor
❑ Scale appropriate to the area involved and the amount of detail and data
❑ North arrow, date of preparation, and title, i.e. Proposed Property Line
Adjustment Survey
❑ Boundaries of the lots/parcels involved, including dimensions and area
❑ Zoning and plan designation of the lots/parcels
❑ Existing property line and proposed property line, clearly differentiated by line
type
❑ Location and outline to scale of all existing structures, including required
setbacks from current property lines and proposed property lines
❑ Location, widths, and names of all existing streets, alleys, or other rights-of-way
within or adjacent to the lots/parcels and the location and width of driveways
❑ Location of all public and private easements and utility lines within or crossing
the lots/parcels. For properties outside the city limits, location of all septic
tanks and drain fields.
❑ Reference to the recorded Subdivision or Partition by name or reference number
and blocks, lot/parcel numbers, where applicable
Revised 6/6/11 Liz Miller 4 of 4
Property Line Adjustment
For: G&B Farms, LLC
Map 18-03-02-13, Tax Lot 100 (Vacant: No Address)
Springfield, Lane County, Oregon
WRITTEN NARRATIVE FOR PROPERTY LINE ADJUSTMENT
Purpose: This Property Linc Adjustment Application proposes to adjust the location of the existing
property line common to Lot 3 and Lot 4 of Block 13 of the Amended Plat of Willamette Heights
Addition, being a portion of Tax Lot 100 of Lane County Assessor's Map 18-03-02-13. The purpose of
the adjustment is to reduce the area of Parcel 2, and to increase the area of Parcel 1 in preparation for
residential construction.
The subject properties are located on an improved portion of Pine Street and axe both currently vacant and
undeveloped. Both properties are currently zoned Low Density Residential, and are designated Low
Density Residential per the current Eugeuo-Springfield Metropolitan Area General Plan.
This written narrative will discuss how this request is consistent with the property line adjustment
approval criteria contained in Section 5.16 - 125 of the Springfield Development Code (SDC). Approval
criteria are shown in italics, followed by a statement addressing each criterion.
APPROVAL CRITERIA
Springfield Development Code, Chapter 5
Section 5.16 - 125
5.16-125 Criteria
The Director shall approve, approve with conditions, or deny the Property Line
Adjustment application. Approval or approval with conditions shall be based on
compliance with the following criteria. The Property line Adjustment shall not:
A. Create a new lot/parcel,
The proposed property line adjustment will not create a new lot or parcel.
B. Create a landlocked loUparcel;
The proposed property line adjustment will not create a landlocked lot or parcel. Following the proposed
adjustment, both lots will continue to take access from their frontages on Pine Street (classified as a "local
street").
Written Narrative for Property Line Adjustment SSW Jab No. 21-7816-95 PAGE I of 3
C. Reduce an existing lot/parcel below the minimum size standard or reduce
setbacks below the minimum established by the applicable zoning districts in this
Code:
The average slopes of Parcel 1 and Parcel 2 were calculated using the formula per SDC. 3.3-520. Before
and after adjustment, both Parcels were found to have an average slope of less than 15% and therefore do
not fall into the Hillside Development Overlay District.
The area of Parcel 1 will be increased to 58,689 square feet as opposed to being reduced, which will
therefore remain in excess of the required minimum 5,000 square foot lot area for low density residential
zoned standard lots/parcels on North-South streets per SDC 3.2 - 215. The proposed adjustment will
increase the Oak Street frontage of Parcel I to 160.33 feet, which exceeds the required minimum frontage
of 60 feet for low density residential zoned standard lots/parcels on North-South streets per SDC 3.2 -
215. No structures currently exist within Lot 3, therefore no building setbacks me affected by the
proposed adjustment with respect to Parcel 1.
The proposed adjustment will reduce the area of Parcel to 21,949 square feet, which exceeds the
required minimum 5,000 square foot lot arca for low density residential zoned standard lots/parcels on
North-South streets per SDC 3.2 - 215. 'Phe proposed adjustment will decrease the Oak Street frontage of
Parcel 2 to 60.00 feet, which will therefore remain in compliance with the required minimum frontage of
60 feet for low density residential zoned standard lots/parcels on North-South streets per SDC 32 - 215.
No structures currently exist within Lot 4, therefore no building setbacks are affected by the proposed
adjustment with respect to Parcel 2.
Therefore, in consideration of the above findings, the proposed adjustment will not reduce an existing
lot/parcel below the minimum size standards or reduce setbacks below the minimum established by the
residential zoning district base zone development standards in the Springfield Development Code.
D. Violate any previous conditions the Approval Authority may have imposed on the
lots/parcels involved in the application;
To the best of our knowledge, neither of the subject parcels are subject to any other previously imposed
conditions of approval. Therefore, the proposed adjustment will not violate any previously imposed
conditions of approval.
E. Detrimentally alter the availability of existing public and/or private milifies to
each lot/parcel in the application or to abutting lots/parcels; or
The proposed adjustment will not detrimentally alter the availability of any utilities to any of the subject
or adjacent properties. Following the proposed adjustment, utilities to serve the subject properties will
continue to be available from within the Pine Street public street right-of-way and adjacent utility
easements, and utilities to serve all adjacent parcels will remain available from within the Pine Street
public right-of-ways and adjacent utility easements.
Written Narrative for Property Line Adjustment SSW Job No. 21-7816-95 PAGE 2 of 3
E Increase the degree of non -conformity of each lot, parcel or structure that is non-
conforming at the time of application.
No aspect of either existing lot/parcel is non -conforming in regards to applicable development code
requirements; therefore the proposed adjustment will not be increasing the degree of any
non -conformity.
NOTES REGARDING EASEMENTS
The private utility easement (Item 8) and the S.U.B. electric easement (Item 10) referenced in Cascade
Title Company preliminary Title Report No. 0327862 (covering both subject properties) are shown and
referenced on the `Proposed Property Line Adjustment Plan' included with this submittal. Covenants,
Conditions, and Restrictions (item 10) of said Title Report docs not serve to create any easements. A copy
of said documents are included with this submittal.
PREPARED BY:
SSW Engineers Inc.
Nathan Gates
Survey Crew Chief
Written Narrative for Property Line Adjustment SSW .lob No. 21-7816-95 PAGE 3 of 3
After recording return to:
Tom Poage Engineering & Surveying
PO Box 2527
Eugene, OR. 97402
RECITALS:
Lane County Clerk 2018-037887
Lane County Deeds & Records
08/14/2018 11:42:18 AM
RPR-ESMT Cnt=1 SN=41 CASHIER 0410pages
$6000 $11.00 $10.00 $61.00 $132.00
DECLARATION OF PRIVATE UTILITY EASEMENT
Whereas: G & B Forms, LLC, Hallin Park, LLC, and WH 200; LLC, all Oregon Limited
Liability Companies and collectively the "DECLARANT" are the owners of certain parcels of
real property, hereinafter referred to as the Property, said Property being located in the NW Y
and NE %4 of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane
County, Oregon, said Property also being more particularly described as follows:
See Exhibit "A", attached and by this reference made a part thereof.
Whereas: A private water line may need to be extended along Oak Street, Ash Street and Pine
Street to serve the Property or a portion of the Property.
Therefore: By and though this instrument the DECLARANTS wish to establish the rights and
responsibilities for a private utility easement along aforementioned streets for a private water line
to serve the Property or a portion of the Property.
The terms and conditions of this declaration of easement are outlined as follows:
Terms and Conditions:
1. RECITALS. The above Recitals are deemed true and correct and are
incorporated herein by reference.
2. GRANT OF EASEMENT. By and through this instrument the DECLARANT
does hereby establish a perpetual, non-exclusive easement over a strip of land, 10 feet in width,
located adjacent to the right of way of Oak Street, Pine Street, and Ash Street as dedicated on the
Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4,
Page 78, Lane County Oregon Plat Records, in Lane County, Oregon for the installation,
maintenance and repair of a private water line. The Easement Area is more particularly
described as follows:
See Exhibit "B", attached and by this reference made a part thereof.
A depiction of the easement area is shown on Exhibit "C", attached and by this reference
made a part hereof.
3. PURPOSE. The Easement is created for the benefit of the Property as describe
August 9, 2018
4489 PRN -UTILITY -E01 -A Page 1
in Exhibit "A" for the installation, maintenance and repair of a private water line to be located
within the Easement Area,
4. USE OF THE BURDENED PROPERTY. The owners of Lots, over which the
Easement Area is being granted herein, shall have the right to use that portion of their properly
encumbered by the Easement Area for any legally permitted use, as long as such use does not
interfere with the right of use granted through this instrument.
5. PRIVATE GRANT. The Easement created by this instrument does not
constitute a dedication or grant for public use.
6. MAINTENANCE AND REPAIRS. The owners of utilities shall bear all costs
associated with the installation and maintenance of the private water line to be installed in the
Easement Area. However, any repairs necessitated by the negligence or the misuse of the
Easement Area on the part of the owners of encumbered by the Easement Area and their invitees,
shall be the sole responsibility of the negligent party. Except in the case of an emergency, 24 hour
notice shall be given to the owner's of Lots encumbered by the Easement Area prior to the
commencement of any maintenance or repair. All work shall be performed by a licensed, bonded
contractor and the repaired area shall be returned to its former condition once the repair work has
been completed.
7. TAXES. The owner's of Lots encumbered by the Easement Area shall be
responsible for the property taxes associated with the Easement Area.
8. INDEMNITY. Users of the Easement Area f"Users") shall assume all risks
arising out of their use of the Easement Area. The owners of the utilities agree to save and hold
harmless the owner's of Lots encumbered by the Easement Area from any third party claim, cost,
damage or expense of any kind or nature arising out of or related to any negligent or wrongful act
or omission occurring within the Easement Area during the course of exercising the rights granted
herein by the owners of Lot 7, their successors, assignees or invitees.
9. BINDING EFFECT. The terms and conditions of this Easement shall run with
the land and shall extend to and be binding upon and inure to the benefit of the respective heirs,
successors and assigns of the parties identified herein.
10. WAIVER. No waiver of any right arising out of a breach of any covenant, term
or condition of this Easement shall be a waiver of any right arising out of any other or subsequent
breach of the same or any other covenant, term or condition thereof.
11. LEGAL PROCEEDINGS. If any legal proceeding is commenced for the
purpose of interpreting or enforcing any provision of this Easement, the prevailing party in such
proceeding shall be entitled to recover reasonable attorney's fees in such proceeding, or any
appeal thereof, in addition to the costs and disbursements allowed by law.
12. ARBITRATION. Any claim, controversy or dispute arising out of this Easement shall
be settled by arbitration in accordance with the applicable rules of the American Arbitration Association,
and judgement upon the awardrendered by the arbitrator may be entered in any court having jurisdiction
thereof Any such arbitration shall be conducted in Lane County, Oregon.
All provisions of this instrument, including the benefits and burdens, are binding on and inure to the heirs,
August 9, 20].8
4489_PRIV-UTILITY-E01-A Page 2
successors, assigns, transferees, and personal representatives of all parties who own any of the properties
as described herein.
Dated this 3' day of CA ` 9 �.- S >< 2018
Grantor /Property Owner(s):
George B. Baker, Member Brandon Devers, Member
G & B Farms, LLC G & B Farms, LLC,
State of OREGON
County of LANE
This instrument was acknowledged before me on g / , 2018
P-Afy G@^ape R Bakery d Brandon Deversacting in their authorized capacity as Members of G & B
Farms, LLC, an Oregon Limited Liability Company.
O"'CIAL STAMP
OR
ROBYN LEE ELI6ECKLEY
MMISSIOOR
N N0.85019
*MW,CoMMrSJF0NE](PIRES JAN UARY 09.2021 -�
Brandon Devers, Member
WH 200, LLC
George B. Baker, Member
WH 200, LLC
State of OREGON
Notary Public — State of Oregon
County of LANE 11
This instrument was acknowledged before me on d- , 2018
�By iaem ge�B:-Baher�nd Brandon Devers, acting in their authorized capacity as Members of WH 200,
LLC, an Oregon Limited Liability Company.
OPFICIALSTAI
+90BYN LEE DEC
KLEY
N1TrAAV PUBLIC - OaEGON
COMMISSION NO.9a9127
NIYCOMMISSION EXPIRES JANUARY09, 2021
August 9, 2018
4489 PRN-UTILITY-EOI-A
Notary Public — State of Oregon
Page 3
successors, assigns, transferees, and personal representatives of all parties who own any of the properties
as described herein.
Dated this ) L" t day of. 6`'" 4 4 Sj- , 2018
for / P y Own s):
Geewke B. Baker, Member Brandon Devers, Member
& B Farms, LLC G & B Farms, LLC,
State of OREGON
County of LANE
This instrument was acknowledged before me on g' y , 2018
By George B. Baker �, acting in their authorized capacity as Members of G & B
Farms, LLC, an Oregon Limited Liability Company.
Geo e B. Baker, Member
200, LLC
State of OREGON
County of LANE
OFR LEE STAMP -,�J �j/, _
ROBYN LEE BECNLEV "y
NQfARY PUBUC-OREGON
COMMISSION No.988127 Notary Public - State of Oregon
MISSION EXPIRES JANUARY 09, 2021
Brandon Devers, Member
WH 200, LLC
42. ) y
1' -By
This instrument was acknowledged before me on , 2018
1'- By George B. Baker yrs, acting in their authorized capacity as Members of WH 200,
LLC, an Oregon Limited Liability Company.
A�" 11-- ri�cjc-t,
Notary Public - State of Oregon
OFFICIALSTAML
ROBVN LEE BECNIPV
NOTARV PUBLIC -OREGON
COMMISSION NO. 958127
MYOOMMISSION EXPIRES JANUARY 09, 2021
August 9, 2018
4489-PRIV-UTU,ITY-EOI-A. Page 3
George B. Baker, Member Brandon Devers, Member
Hallin Park, LLC Hallin Park, LLC
State of OREGON
County of LANE
This instrument was acknowledged before me on 0 , 2018
(P2� By m ad Brandon Devers, acting in their authorized capacity as Members of Hallin Park,
LLC, an Oregon Limited Liability Company and WH 200, LLC, an Oregon Limited Liability Company.
_ NOTAOFFICIAL SC. TAMP
fl0' LEE OttKLE
COMMISSION N0.958122
MV COMMISSION EXPIRES JANUARY 09.2921
August 9, 2018
4489 PRIV-UTILITY-EOI-A
� --�'ry L' IgS4--C/z--k�
Notary Public — State of Oregon
Page 4
(22
George . Baker, Member Brandon Devers, Member
Hal ' Park, LLC Hallin Park, LLC
State of OREGON
County of LANE
q1V " This instrument was acknowledged before me on p • 1 �1 , 2018
q " By George B. Balser era.a •�-a� T� kers. acting in their authorized capacity as Members of Hallin Park,
LLC, an Oregon Limited Liability Company and WH 200, LLC, an Oregon Limited Liability Company.
OFFICIALSTAMP
Roo
LEE BECKLEy
*MYISSION
NOTARY PUSUC-OREGON
SSION No. MiV
IXPIIRES JANUAgy09 2@t
August 9, 2018
4489 PR1V-UTILITY-LOI-A
Notary Public — State of Oregon
Page 4
Exhibit "A"
Eleven (11) tracts of land located in the NW % and NE %of Section 2, Township 18 South, Range 3
West of the Willamette Meridian, in Lane County, Oregon, said tracts being more particularly described
as follows:
Tract I: Lots 1 thru 9 (inclusive) and Lots 12 thru 18 (inclusive) within Block 11, of the Amended
Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page
78, Lane County Oregon Plat Records, in Lane County, Oregon.
Also: That portion of the vacated 2nd Street, as vacated by order recorded June 28,
1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County,
Oregon, that would inure by law to Lot 9 Block 11 of the aforementioned Amended
Plat of Willamette Heights Addition to Springfield.
Except: Any portion of the aforementioned Lot 9, Block 11 contained within the right of way
for 2ntl Street as conveyed to Lane County in a Warranty Deed recorded February 5,
1997, Reel 2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in
Lane County, Oregon.
Tract II: Lots 1 thru 5 (inclusive) within Block 13, of the Amended Plat of Willamette Heights
Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon
Plat Records, in Lane County, Oregon.
Tract III: Lots 1, 2, 4, 5, 6, and 10 within Block 24, Block 25, and Block G of the Amended Plat of
Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78,
Lane County Oregon Plat Records, in Lane County, Oregon.
Tract IV: Block 26 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Tract V: Lots 1, 2, 3, 4, and 10 within Block 27 of the Amended Plat of Willamette Heights Addition
to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat
Records, in Lane County, Oregon.
Tract VI: Lot 9 within Block 4, Lots 13 and 14 within Block 10, Lots 1, 2, and 3 within Block 18, Lots
1 thru 10 (inclusive) within Block 28, and Lots 1 thru 8 (inclusive) within Block 29 of the
Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in
Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Also: That portion of 2nd Street vacated by order recorded June 28, 1944 in Book 270,
Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would
inure by law to the Lot 9, Block 4 and Block D of the aforementioned Amended
Plat of Willamette Heights Addition to Springfield.
Also: That portion of Block D of the aforementioned Amended Plat of Willamette Heights
Addition to Springfield that lies north of the westerly extension of the north margin
of Oak Street, and northeasterly of the northeasterly margin of 2nd Street as
conveyed to Lane County in a Warranty Deed recorded January 8, 1997, Reel
2253R Reception No. 97-01380, Lane County Oregon Deed Records, and
southeasterly of the southwesterly extension of the northwesterly boundary of Lot
9, Block 4 of the aforementioned Amended Plat of Willamette Heights Addition to
Springfield.
Tract VII: Block 19 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Tract VIII: Block 19 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and
August 9, 2018
4489_PRIV-UTILITY-1301-A Page 5
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Tract IX: Lots 1, 3, 5, 6, and 7 within Block 22 of the Amended Plat of Willamette Heights Addition to
Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat
Records, in Lane County, Oregon.
Tract X: Lots 1, 2, 4, 5, 6, and 7 within Block 23 of the Amended Plat of Willamette Heights Addition
to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat
Records, in Lane County, Oregon,
Tract XI: Lots 1 thru 15 (inclusive) within Block 7 of the Amended Plat of Willamette Heights
Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon
Plat Records, in Lane County, Oregon.
August 9, 2018
4489_PRIV-UTILITY-EOI-A Page 6
EXHIBIT °B"
(Easement Area No. l)
A tract of land located in the NW % and NE % of Section 2, Township 18 South, Range
3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot
wide strip of land adjacent to the south margin of Oak Street, the west margin of Pine
Street, and the north margin of Ash Street, being more particularly described as follows:
The North 10.0 feet of Lots 1 thru 8 (inclusive) of Block 11, Amended Plat of
Willamette Heights Addition to Springfield, as platted and recorded in Book 4,
Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Also: The East 10.0 feet of Lots 1 and 18 of said Block 11, Amended Plat of
Willamette Heights Addition to Springfield, as platted and recorded in Book 4,
Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Also: The South 10 feet of Lots 12 thru 18 (inclusive) of Block 11, Amended Plat
of Willamette Heights Addition to Springfield, as platted and recorded in Book 4,
Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
(Easement Area No. 2)
Atract of land located in the NW I/. and NE %of Section 2, Township 18 South, Range
3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot
wide strip of land adjacent to the north margin of Oak Street, being more particularly
described as follows:
The South 10 feet of Lots 13 and 14 of Block 10, Lots 5, 6, 7 and 8 of Block 29,
Lot 10 of Block 27, Block 26, Lots 6, 7, and 8 of Block 25, and Block G of the
Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane
County, Oregon.
(Easement Area No. 3)
A tract of land located in the NE '% of Section 2, Township 18 South, Range 3 West of
the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of
land adjacent to the south margin of Oak Street and the east margin of Pine Street,
being more particularly described as follows:
The North 10.0 feet of Lot 1 of Block 13, Amended Plat of Willamette Heights
Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County
Oregon Plat Records, in Lane County, Oregon, and the West 10.0 feet of Lots 1
thru 5 (inclusive) of Block 13, of said Amended Plat of Willamette Heights
Addition to Springfield.
August 9, 2018
4489_PRIV-UTILITY-E01-A Pagel
AuVst 9, 2018
4489 PRI UMHY-EOI-A Page 9
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After Reeording ReIvmT9
First American Title
2892 Crescent Ave.
Eugene. Oregon 97408
g Yi p 2 nue4�K
F6E S
�2vyi ,`
OQ§ iF LC
?a
go o� After recording return to:
ca15George B. Baker
29454 Meadowview Road
B 8 a ]unction City, OR 97448
Until a change Is requested all tax
statements shall be sent to the
following address:
George B. Baker
29454 Meadowview Road
]unction City, OR 97448
Date: December 31, 2014
Lane County Clerk 2015-000449
Lane County Deeds & Records
01/0612015 01:17:29 PM
RPRDEED CM -1 Stn -9 CASHIER 11 4pagee 62.��
$20.00 $11.00 $10.00 $21.00
STATUTORY WARRANTY DEED
George B. Baker and Brandon Devers, Grantor, conveys and warrants to G & B Farms, LLC,
Grantee, the following described real property free of liens and encumbrances, except as specifically set
forth herein:
LEGAL DESCRIPTION: Real property in the County of Lane, State of Oregon, described as follows:
As fully described on attached Exhibit'A'
Subject to:
1. - Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance Is $valuable consideration. (Here comply wim reyui a enU of ORS
93.o3o)
Page 1 of 2
SwWwry Warranty Deed -'
-centnued
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORIN PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195. CTION TO 11, CHAPTER 424, OREGON LAWS 2007, SEC -EONS 2 TO 9 AND 17,
CHAP" R 855, OR ON LAW 2009, AND SECTIONS 2 TO 7, CHAPTER
�8(,`O'EGON@ LAWS 2010.
Ge B. Baker Brandon Devers
STATE OF Oregon
)ss.
County of Lane )
This instrument was acknowledged before me on this W/ -> —da ,K of January, 20AS
by George B. Baker.
OFFICIAL STAMP
JOYCE D ANDERSON
NOTARY PUBLIC -OREGON
COMMISSION NO. 920137 Notary Publi or Oregon
MYCOMMISSION EXPIRES SEPTEMBER 11 2017 Mycommission expires:
STATE OF Oregon )
)ss.
County of Lane ) +
3
This instrument was acknowledged before me on this -V �day of December,
by Brandon Devers. I
OFFICIALSTAMP
JOYCE D ANDERSON
NOTARY PUBLIC -OREGON Notary Public for reg01
COMMISSION NO. 920137
MYCOMMISSION EXPIRES SEPTEMBER 11.2017 My CommlSsion expires:
Page 2 of 2
EXHIBIT'A'
Parcel 1: Lots 1, 2, 3, 4 and 5, Block 13, Amended Plat of Willamette Heights Addition to Springfield, as
platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Parcel 2: Lot 5, Block 23, Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Parcel 3: Lots 8 and 9, Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted
and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
EXCEPT that portion of said Lot 9 conveyed to Lane County, a political subdivision of the State of Oregon,
by deed recorded February 5, 1997, Reception No. 9707993, Lane County Official Records.
Parcel 4: Lot 5, Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Parcel 5: Lots 1 through 8, inclusive, Block 29, Amended Plat of Willamette Heights Addition to
Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane
County, Oregon.
Parcel 6: Lots 1 and 2, Block 25, Amended Plat of Willamette Heights Addition to Springfield, as platted
and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Parcel 7: Lot 1, Block 24, Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Parcel 8: Lots 1, 2, 3, 4, 12, 13, 14, 15, 16, 17 and 18, Block 11, Amended Plat of Willamette Heights
Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in
Lane County, Oregon.
continued
EXHIBIT'A' continued
Parcel 9: Lot 10, Block 12 of the WILLAMETTE HEIGHTS ADDITION to Springfield, as platted and
recorded in Book 4, page 27, Lane County Oregon Plat Records, in Lane County, Oregon.
EXCEPT the West 20 feet thereof.
AND EXCEPT that tract 30 x 100 feet, in the Northwest corner thereof, as described in deed recorded
November 10, 1954, Reception No. 42347, Lane County Oregon Deed Records.
AND EXCEPT a portion thereof, legally described as follows:
Beginning at a point which is 20 feet East of the Southwest corner of Lot 10,
Block 12 of the WILLAMETTE HEIGHTS ADDITION to Springfield, Lane County,
Oregon, and which is on the North boundary of Dorris Street; thence North
parallel with the West side of said Lot 10,132 feet; thence East parallel
with Dorris Street and the South line of said Lot 10, 30 feet; thence South
parallel with the West side of said Lot 10,132 feet to the South line of
said Lot 10; thence West 10 feet to the point of beginning, all in Lane
County, Oregon.
ALSO the West 94 feet of Lot 11, Block 12 of the WILLAMETTE HEIGHTS ADDITION
to Springfield, Lane County, Oregon.
Parcel 10: East 93.36 feet of Lot 11 and all of Lot 12 in Block 12 of WILLAMETTE HEIGHTS ADDITION to
Springfield, as platted and recorded in Book 4, Page 27, Lane County Oregon Plat Records, in Lane
County, Oregon.
�16
After Recording Return to: Lane County Clerk 2018-037888
Poage Engineering & Surveying, Inc. Lane County Deeds & Records
P.O. Box 2527 08/14/2018 11:42:18 AM
Eugene, OR 97402 RPR -REST cm=1 stn=41 CASH IFR 0411 pages
$55.00 $11.00 $1000 $91 00 $137.00
Until a change is requested, mail all tax statements to
No Change
DECLARATION OF
CONDITIONS COVENANTS AND RESTRICTIONS
FOR A PORTION OF THE
AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS for a portion of THE
AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD ("Declaration") is
made by G & B Farms, LLC and WH 200, LLC (both Oregon Limited Liability Companies and col-
lectively the "Declarant").
RECITALS:
A. Declarant is the owner of all the real property (hereinafter referred to as the "Property')
located in the NW Ye and NE X. of Section 2, Township 18 South, Range 3 West of the Willamette
Meridian, in Lane County, Oregon, said property being more particularly described as follows:
See Exhibit "A", attached and by this reference made a part hereof.
B. The Declarant intends to subject the Property to Covenants, Conditions and Restrictions set
forth in this Declaration. All conveyances of the Property or any portion thereof shall be subject to
this Declaration.
C. The purpose of this Declaration of Covenants, Conditions, and Restrictions is to protect the
value of the Property, for the benefit and enjoyment the Lot Owners.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold,
conveyed, and occupied subject to the following covenants, conditions, restrictions, and all other
provisions set forth in this Declaration, which shall run with the land and shall be binding on all
parties having or acquiring any right, title, or interest in the Property or any part thereof, and which
shall inure to the benefit of each Owner.
SECTION 1. DEFINITIONS
1.1 Declarant shall mean G & B Farms, LLC and WH 200, LLC, both Oregon Limited Liability
Companies, and/or any person or entity that is assigned the rights to act and function as the
Declarant, which assignment must be executed in writing and recorded in Lane County Property
Records.
1.2 Declaration shall mean the covenants, conditions, restrictions, and all other provisions set
forth in this Declaration.
1.3 Design Review Committee or DRC shall mean the Declarant or its assigned agent, whose
purpose is to review building and structural improvements to be located on the Property for
compliance with this Declaration.
Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield
1.4 Development Period shall mean that period Declarant requires to sell or convey eighty
percent (80%) of the Lots within the Property.
1.5 Home shall mean and refer to any portion of a structure situated on a Lot and designed and
intended for use and occupancy as a residence.
1.6 Homeowners Association shall mean and refer to the Owners as defined in 1.4 above, its
successors and assigns, organized and established to preserve and maintain the Property and to
promote the health, safety and welfare of the occupants of the Property. The Homeowners
Association (HOA) may be formed by the Declarant or the Owners at a future date.
1.7 Improved with respect to Oak Street shall mean roadway surface and subgrade
improvements (asphaltic concrete pavement and/or gravel) and drainage improvements (roadside
ditches, culverts, etc) meant to keep the roadway safe and in good condition.
1.8 Lot shall mean each of the separate parcels of real property comprising the Property
described in the Exhibit "A" attached.
1.9 Oak Street, unless otherwise described herein, shall mean the improved portion of Oak
Street between 2rd Street and the unnamed street along the most easterly boundary of the
Amended Plat of Willamette Heights Addition to Springfield as described above in Recital A.
1.10 Owner shall mean and refer to the record owner, whether one or more persons or entities, of
the fee simple title to any Lot or a purchaser in possession of a Lot under a land sale contract.
1.11 Plat shall mean and refer to the plat for Amended Plat of Willamette Heights Addition to
Springfield as described above in Recital A.
1.12 Property shall have the meaning attributed to such term in the Recitals of this Declaration as
more particularly described in Exhibit "A" attached. _
1.13 Unimproved shall mean any portion of the Oak Street not improved with paving or gravel
driving surface and intended to provide physical access for any portion of the Property with frontage
on Oak Street,
SECTION 2. STANDARDS FOR IMPROVEMENTS
2.1 Homes and Structures. A Lot shall comply with applicable city or county regulations
governing dwellings and structures accessory to the dwelling. Except for greenhouses, all
outbuildings must match the style, shape, materials and color of the Home. Only non-commercial
greenhouses, 200 square feet maximum area shall be allowed on a Lot. Modular or pre -fabricated
homes are not permitted. A Lot shall not contain any temporary structures except during
construction of the Home.
2.2 Minimum Size and Restrictions. The minimum size of a Home shall be 1800 square feet.
All construction of the Home shall be completed on or before the two-year anniversary of the date
construction is commenced. All permanent structures are limited to gable, hip or shed roofs. Flat
roofs are permitted provided the area of the flat roof is twenty percent (20%) or less of the total area
of the roof. No wood shingles are permitted for rooftops. All roof vents must match the color of the
roofing material. All exterior trim must be a minimum three inches in width. The exterior color of all
structures must be harmonious with Homes on other Lots in the Property. The maximum height of
the primary dwelling (excluding chimneys) shall not exceed thirty-five (35) feet measured from the
highest ground elevation on which any portion of the foundation is located. All construction plans
must follow the guidelines set forth herein.
Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield
2.3 Setbacks. All setbacks from property lines and roadways shall follow applicable city or
county regulations.
2.4 Driveways. No more than one driveway access to Oak Street shall be allowed per Lot with a
maximum width of 24 feet and a minimum width of 12 feet unless otherwise approved by the DRC.
Driveway widths may match parking area widths when within 30 feet of the parking area or as
approved by the DRC. All driveways must be constructed with an all-weather surface and in
accordance with applicable city or county requirements. At a minimum all-weather shall mean a 12"
depth of W -O" quarry rock on top of geotextile fabric, and maintained in a neat, well graded
appearance. Gates shall be allowed on driveways as approved by the DRC. All driveways shall
include two sleeves (min. 3" diameter), buried at minimum 36" depth below finish surface of
driveway for future public or private utility use.
2.4.1 Driveway Approaches. The driveway approach is defined as the portion of the driveway
located between the Oak Street paving surface and the lot side margin of the 10 foot setback
from the right of way for Oak Street. The driveway approach shall be paved with asphaltic
concrete to a minimum width of 20 feet with minimum radii of 10 feet where connecting to
Oak Street or similar dimensions as approved by the DRC.
2.5 Utilities. All utilities must be underground and shall comply with all applicable state and
county building codes.
2.6 Landscaping. The landscaping shall consist of trees which are primarily fifteen -gallon (15)
size or larger, and shrubs which are primarily five -gallon (5) size or larger. All landscaping shall be
completed on or before the two-year anniversary of the date construction of a Home is commenced.
2.7 Fencing. No fence height may exceed 5 feet in height with the exception that deer fencing
may exceed 8 feet in height to protect garden spaces. All property line fencing to be New Zealand
6" round post with wire or as approved by the DRC. Fence screening around privacy areas interior
to the lots shall be approved by the DRC.
2.8 Height Restrictions. No antennae, including ham radio antennas, or other structure (except
a chimney) may exceed more than two (2) feet above the highest point of the house. No HVAC unit
may be roof mounted. Solar panels may be roof mounted in a similar angle as the roof carrying the
panels provided the solar panels have a variance of no more than ten (10) degrees difference from
the angle of the roof.
SECTION 3. GENERAL USE AND MAINTENANCE RESTRICTIONS
In addition to any restrictions imposed by the Plat or by the instrument described above
in Recital C, the following use and maintenance restrictions shall apply:
3.1 Maintenance. Each Owner shall be responsible for maintaining and keeping in good order
and repair the Owner's Home and Lot, including any garage or outbuildings, yard, or any other
open area within the Owner's Lot.
3.2 Use of Lots. Each Lot shall primarily be used for residential purposes. This restriction does
not prohibit home offices or other home businesses provided that such offices or businesses shall
not have any signage nor shall they impose traffic, noise or other burdens on other Lot Owners. No
trailer, camper -truck, tent, garage, barn, shack or other outbuilding shall at any time be used as a
residence temporarily or permanently on any portion of the Property.
3.3 Agriculture. A Lot may be used for agricultural purposes that are in compliance with
applicable city or county regulations and zoning provided that such purposes do not create a
nuisance for the other Owners.
Conditions Covenants and Restrictions —Portion of Amended Plat of Willamette Heights Addition to Springfield
3.4 Irrigation. In addition to Oregon law restricting irrigation to non-commercial lawn or gardens
of up to 1/. acre, the Declarant reserves the right to impose additional restrictions of use to 1/8th of
an acre (5,445 square feet) per residence for irrigation if drought conditions warrant limiting use for
domestic water uses only. Drought conditions would be evident by water levels in the underground
aquifer dropping below the intake of an Owner well and becoming non-productive (ie "drying up").
Determination of whether drought conditions warrant limiting use of water shall be the sole
judgement of the Declarant, their successor or assigns.
3.5 Animals. No animals, livestock or poultry of any kind may be raised, bred or kept on a Lot
except dogs, cats, or caged birds, provided that such animals are not kept, bred or maintained for
any commercial purpose. The Owner of any dog or cat must keep the dog or cat on a leash or keep
it confined in the Owner's Lot. No dog or cat may run free on the Property. Each Owner is
responsible for cleaning up excrement or other unclean or unsanitary conditions caused by that
Owner's animal.
3.6 Waste and Garbage. No part of a Lot may be used or maintained as a dumping ground for
rubbish, trash, garbage or other waste. No garbage, trash or other waste may be kept or
maintained on any part of a Lot except in a sanitary container located within a structure or within a
trash enclosure hidden from public view. All waste and garbage must be promptly and periodically
removed.
3.7 Nuisances. No noxious, offensive or unsightly conditions are permitted upon any portion of
an Owner's Lot, nor may anything be done on a Lot which is or may become an annoyance or
nuisance.
3.8 Vehicle Parking and Storage. All recreational vehicle parking for longer than two (2) weeks
must be screened off from the view of neighboring Lots. Occupancy of recreational vehicles by
visiting guests is limited to a continuous thirty -day (30) period. A Lot shall not be used for
longstanding or major overhaul of vehicles or heavy equipment in open sight, nor may Lot Owners
store inoperable vehicles in open sight.
3.9 Noxious Vegetation. All noxious vegetation must be controlled on Lots where noxious
vegetation is within 10 feet of Property boundaries unless adjacent owners agree or boundary is
along the unimproved portion of the Oak Street.
3.10 Firearms. There shall be no discharging of firearms within the Property
SECTION 4. JOINT MAINTENANCE AGREEMENT—OAK STREET
Oak Street provides legal access to properties adjacent to it as well as to other unimproved
public streets shown on the Plat. Oak Street is local access road under Lane County jurisdiction
with a 50 — 60 foot wide right of way running from 2nd Street to the unnamed street on the east
boundary of the Plat. As a local access road, Oak Street will not be improved or maintained by
Lane County at this time. A portion of Oak Street has been improved by the Declarant to provide
physical access to adjacent portions of the Property. The intent of this Declaration is to provide for
maintenance of both existing and future improvements made to Oak Street in order to provide
physical access to the Property adjacent to Oak Street. This agreement to maintain improvements
of Oak Street, existing and future, shall be governed by the following terms:
4.1 Purpose. A maintenance agreement is necessary in order to keep the roadway surface in a
safe and drivable condition. The roadway provides ingress and egress to and from the Property,
and for installation of such public utilities as may be needed to serve the Property and adjacent
properties as is common in public streets.
4.2 Permanent. The rights granted herein are intended to be permanent and run with the land.
The rights, covenants and obligations contained in this Declaration shall bind, burden and benefit
Cond itions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield
each Owner's successors and assigns
4.3 Roadway Maintenance. The Owners shall be responsible for normal repair and
maintenance costs necessary to maintain the Oak Street right of way in good condition between 2nd
Street and the unnamed street on the east boundary of the Plat. Items required to be maintained
include the roadway surface, drainage facilities (roadside ditches and culverts), trees and other
landscaping. The roadway surface and drainage facilities for the road shall be paid for by Owners
based on proportionate use of these. To determine proportionate use, for normal repair and
maintenance of Oak Street, or when damaged by natural disasters or other events for which
Owners are blameless, costs shall be shared on the basis of percentages resulting from dividing
the frontage of each Owner along Oak Street by the total frontage of the Property on Oak Street. At
the time of recording of this document the total frontage of the Property is 3,825 feet and the
frontage for each Lot is shown on Exhibit "B", attached hereto and by reference made a part hereof.
Each Owner shall be responsible for repairs, at its sole expense, for damage to the roadway
because of negligence or abnormal use by an Owner, a member of an Owner's family, or an
Owner's invitee. In addition, Owners shall be solely responsible for trees, landscaping, and
driveway culverts along their own property frontage. Repairs and maintenance shall commence
upon agreement by 60% of the owners. Any Owner whose primary access is via Oak Street may
initiate a vote to commence repairs or maintenance to the roadway. Owners shall contribute to the
cost of such repairs and maintenance on the terms stated above by making payment to the Owner
initiating the work within thirty (30) days from the date proof of payment is presented.
4.4 No Interference. No Owner or other party shall in any way obstruct, impair or otherwise
interfere with the rights of the other Owners with respect to use of the roadway, and except for
temporary or emergency conditions, no one shall have the right to park, load or unload any vehicle
in the easement roadway.
4.5 Utility Installation. Each Owner shall have the right to install, maintain and repair utility lines
within the easement area adjacent to Oak Street as described in that certain Utility Easement
granted to the City of Springfield, by and through its Springfield Utility Board in a document
recorded August , 2018, Document No. 2018- , including but not limited
to the placement of lines for electricity, water, sewer, gas, telephone, television, internet, or other
such public or private utilities that may be available to serve the Property and subject to the
Springfield Utility Board. The cost of any maintenance or repair of utilities located within the
easement area will be the responsibility of the Owner of the Lot serviced by the utilities.
4.6 Restoration. Whenever an Owner's land adjacent to the roadway or easement area is
disturbed due to the activities of another Owner installing, maintaining or repairing utility lines, the
Owner responsible for the disturbance shall promptly repair the land to reasonably the same
condition or better than prior to the activities.
SECTION 5. GENERAL PROVISIONS
5.1 Enforcement. Any Owner shall have the right to enforce, by any proceeding at law or in
equity, all covenants, conditions, and restrictions, and all other provisions now or hereafter imposed
by this Declaration. Failure by any Owner to enforce any covenant, condition or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
5.2 Payment of Litigation Costs. The non -prevailing party shall reimburse the other parties for
all costs and expenses, including filing fees, costs of depositions, discovery, expert witnesses and
reasonable attorney's fees incurred in any suit, action, or arbitration arising out of or relating to this
Declaration, including any appeal.
5.3 Amending Conditions Covenants and Restrictions. The Conditions Covenants and
Restrictions contained herein can be amended once in any 12 month period upon agreement of
60% of the Owners or at any time with agreement by 75% of the owners.
Conditions Covenants and Restrictions — Portion of Amended Plater Willamette Heights Addition to Springfield
5.4 Term. These Covenants shall run with and be binding on the Property and the Lots located
therein and be binding on the parties, Owners, their heirs, successors and assigns, for a term of
forty (40) years from the date of recordation, after which:time they shall be automatically extended
for another term of twenty (20) years unless terminated as evidenced by a document signed by the
Owners of at least 75% of the Lots.
SECTION 6. HOMEOWNERS ASSOCIATION
6.1 Membership. Each Owner of a Lot shall be a member of the Homeowners Association
(HOA), if such is created by Declarant or its successor.
6.2 Creation. Declarant may create and establish the Homeowners Association at any time
during the Development Period when, in the opinion of Declarant, it is necessary to provide for the
maintenance of a common facility easement or to enforce these Covenants. After the Development
Period, the Homeowners Association may be created when a minimum of seventy-five percent
(75%) of the Lot Owners vote to establish such entity.
6.3 Powers. The HOA may be established to effectuate the purposes of this Declaration and
shall have and exercise the following powers, duties and obligations,: (1) The powers, duties, and
obligations granted to the HOA by this Declaration; (2) the powers, duties, and obligations of a
nonprofit corporation pursuant to the general nonprofit corporation laws of the State of Oregon and
of a homeowners association of a planned community pursuant to the Oregon Planned Community
Act, as either or both may be amended from time to time; and (3) the power and duty to effectuate
the powers of this Declaration, including, but not limited to, any additional or different powers,
duties, and obligations necessary or desirable for the purpose of carrying out the functions of the
HOA pursuant to this Declaration or otherwise promoting the general benefit of the Owners within
the Property.
6.4 Voting Rights. Voting rights within the HOA will be allocated as follows: The association
will have two classes of voting membership:
6.4.1 Class A. Class A members will be all Owners with the exception of the Declarant
(except that beginning on the date on which the Class B membership is converted to
Class A membership, as described in 6.4.2 below, and thereafter, Class A members
will be all Owners, including the Declarant). Class A members will be entitled to
voting rights for each Lot owned. When more than one person holds interest in any
Lot, all such persons will be members. The vote for such Lot will be exercised as
they among themselves determine, but in no event will more than one vote be cast
per Lot.
6.4.2 Class B. The Class B member will be the Declarant and will be entitled to three
votes for each Lot owned. The Class B membership will cease and be converted to
Class A membership on the happening of either of the following events, whichever
occurs first: (1) When eighty percent (80%) of the Lots in the Property have been
sold and conveyed to Owners other than the Declarant; or (2) at such earlier time as
Declarant may elect in writing to terminate Class B membership.
6.5 Transitional Advisory Committee. The Declarant will form a transitional advisory
committee to provide for the transition from administrative responsibility by the Declarant to
administrative responsibility by the HOA. Not later than the day that sixtieth (60th) day after the
Declarant has conveyed all interest in the Property to Owners, the Declarant will call a meeting of
Owners for the purpose of selecting the Transitional Advisory Committee. The Committee will
consist of three or more members selected by a simple majority the Owners. The Committee will
have reasonable access to all information and documents which the Declarant is required to turn
over to the HOA under the Oregon Planned Community Act.
Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield
6.6 Interim Boards Turnover Meeting. The Declarant will have the right to appoint an interim
board of three directors or more, who will serve as the Board of Directors of the HOA until replaced
by Declarant or their successors have been have been elected by the Owners at the turnover
meeting described in this section. Declarant will call a meeting by giving notice to each owner as
provided in theBylawsof the HOA for the purpose of turning over administrative responsibility for
the Property to the HOA not later than one hundred twenty (120) days after Lots representing
seventy-five percent (75) of the votes in the Property have been sold and conveyed to Owners
other than Declarant. At the turnover meeting the interim directors will resign and their successors
will be elected by the Owners.
6.7 Declarant Control After turnover. After the turnover meeting described in Section 6.5
above, Declarant will continue to have the voting rights of an Owner, should the Declarant remain
an Owner. In addition, a majority of the Board of Directors of the HOAwill be elected by Declarant,
a Class B Member, with the Balance of the Board elected by the ClassA members. After
termination of Class B membership, all directors will be elected by the Class A members.
6.8 HOA Rules and Regulations. The HOA may from time to time adopt, modify, or revoke
such rules and regulations governing the conduct of persons and the operation and use of the as it
may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment
of the property within the Property. A copy of the rules and regulations, upon adoption, and a copy
of each amendment, modification or revocation thereof, will be delivered by the HOA Board of
Directors promptly to each Owner and will be binding upon all Owners and occupants of all Lots
upon the date of delivery. The method of adoption of such rules will be as provided in the Bylaws of
the HOA.
6.9 Liability. Neither the HOA nor any officer or member of its Board of Directors will be liable to
any Owner for any damage, loss, or prejudice suffered or claimed on account of any action or
failure to act by the HOA, any of its officers or any member of its Board of Directors, provided only
that the officer or Board member has acted in good faith in accordance with the knowledge
possessed by the member.
SECTION 7. DESIGN REVIEW COMMITTEE / DRC
7.1 Declarant's Role. Declarant or its assigned agent shall exercise the architectural and
site development review functions further described in this article. Declarant shall have the right
to waive any of the building and use restrictions so long as such waiver does not adversely im-
pact the present use and enjoyment of other Lots in the Property.
7.2 Architectural/Site Development Review. No building, structure, wall, fence,
landscaping or any other improvement shall be commenced, erected or maintained upon any
Lot, nor shall any exterior addition to or change or alteration therein be made until the building
plans, plot plan, landscape and irrigation plan, and material specifications (hereafter "a complete
set of plans") showing the nature, kind, shape, height, materials, color, texture, location, and
relationship to existing improvements and vegetation, shall be submitted to Declarant or its
assigned agent and approved in writing.
7.3 Complete Set of Plans. A complete set of plans, as referenced herein, shall consist of
building plans drawn to a readable scale (preferably one quarter inch equals one foot (1/4" = 1'),
consisting of elevations, floor plans, roof plans and pertinent exterior details in order to clearly show
all aspects of the proposed design. The plot plan and landscape and irrigation plans shall be drawn
using typical Engineering scales (i.e. 1" = 20', 1"=40', 1" = 100') as appropriate for clarity and
readability.
7.4 Review Process. Declarant shall conduct its architectural and site development review
Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield
functions as follows:
7.4.1 Submittal. Declarant shall have thirty (30) days after receipt of a complete set of
plans to respond. If no written response is made, the plans are deemed approved
and Declarant may not, after thirty (30) days from receipt of a complete set of
plans, require any changes, prohibit or otherwise prevent the Lot Owner form
commencing construction.
7.4.2 Conflict Resolution. If, however, within thirty (30) days after receipt of a complete
set of plans, Declarant objects to or disapproves the plans, it shall provide the Lot
Owner with a written statement identifying the concerns and objections thereto.
Declarant shall cooperate with the Lot Owner and exercise its review function in a
reasonable manner and further, may require mitigation measures as a condition
for approving plans.
7.4.3 Site Development. The natural condition of any Lot shall not be intentionally
disturbed by any person without first obtaining the written approval of Declarant.
7.5 Additional Requirements. Declarant and its assigns may adopt architectural and site
development submittal requirements that more specifically describe the standards and
specifications for what will qualify as a complete set of plans. These requirements may be
modified as circumstances change.
Dated this � IV day of Lt"q t`S 'L 12018.
George B. Baker, Member Brandon n D�evers, Memmbeerr
G & B Farms, LLC G & B Farms, LLC
STATE OF OREGON
County of Lane
This instrument was acknowledged before me on S?' % �- 2018
11%d' ByiGeerae-B-tMiterand Brandon Devers, acting in their authorized capacity as Members of G
& B Farms, LLC, an Oregon Limited Liability Company. ,
George B. Baker, Member OFFICIAL
WH 200, LLC ROBYNLEE
(/ COMMISSION NO.958127
STATE OF OREGON ) MY COMMSSION EXPIRES JANUARY 08, 2021
County of Lane )
This instrument was acknowledged before me on $ 2018
By GeaFge . Ba,:eF4„d Brandon Devers, acting in their authorized capacity as Members of G &
B Farms, LLC, an Oregon Limited Liability Company.
OFFICIALS 7ECKLEY
flOBYN LEE B / / 7
NOrARYPUBLIC
COMMISSION NNotary Public - State of Oregon
MV COMMISSION EXPIRES JAN
Conditions Covenants and Restrictions —Portion of Amended Plat of wi Ilamette Heights Addition to 5pringfield
functions as follows:
7.4.1 Submittal. Declarant shall have thirty (30) days after receipt of a complete set of
plans to respond. If no written response is made, the plans are deemed approved
and Declarant may not, after thirty (30) days from receipt of a complete set of
plans, require any changes, prohibit or otherwise prevent the Lot Owner form
commencing construction.
7.4.2 Conflict Resolution. If, however, within thirty (30) days after receipt of a complete
set of plans, Declarant objects to or disapproves the plans, it shall provide the Lot
Owner with a written statement identifying the concerns and objections thereto.
Declarant shall cooperate with the Lot Owner and exercise its review function in a
reasonable manner and further, may require mitigation measures as a condition
for approving plans.
7.4.3 Site Development. The natural condition of any Lot shall not be intentionally
disturbed by any person without first obtaining the written approval of Declarant.
7.5 Additional Requirements. Declarant and its assigns may adopt architectural and site
development submittal requirements that more specifically describe the standards and
specifications for what will qualify as a complete set of plans. These requirements may be
mo fiie�cirPumstances change.
of CL -4 r--5 f , 2018.
roe B. Baker, Member
B Farms, LLC
STATE OF OREGON )
County of Lane )
Brand D rs, Member
G & B Farms, LLC
This instrument was acknowledged before me on 9. J L-'/ '2018
My By George B. Bakerrs, acting in their authorized capacity as Members of G
& B Farms. I I r an Oreaon Limited Liabilitv COmDanv.
Baker, Member
LLC
STATE OF OREGON
County of Lane
IVY This instrument was acknowledged before me on T" ) (12018
1 By George B. Baker and-Bfandon-Dinders, acting in their authorized capacity as Members of G &
B Farms, LLC, an Oregon Limited Liability Company. /(
Ws—
MP �,L
CKLEY
COMMISSION.9M1NOTARY PUBLIC - 27 Notary Public — State of Oregon
MY COMMISSARY 09, 2021
Conditions Covenants anoriono mended Plat ofWillameLLe Heights Addition to Springfield
Exhibit "A"
Six (6) tracts of land located in the NW '% and NE % of Section 2, Township 18 South, Range 3 West of
the Willamette Meridian, in Lane County, Oregon, said tracts being more particularly described as
follows:
Tract I: Lots 1 thru 9 (inclusive) and Lots 12 thru 18 (inclusive) within Block 11, of the Amended
Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page
78, Lane County Oregon Plat Records, in Lane County, Oregon.
Also: That portion of the vacated 2nd Street, as vacated by order recorded June 28,
1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County,
Oregon, that would inure by law to Lot 9 Block 11 of the aforementioned Amended
Plat of Willamette Heights Addition to Springfield.
Except: Any portion of the aforementioned Lot 9, Block 11 contained within the right of way
for 2nd Street as conveyed to Lane County in a Warranty Deed recorded February 5,
1997, Reel 2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in
Lane County, Oregon.
Tract II: Lots 1 thru 5 (inclusive) within Block 13, of the Amended Plat of Willamette Heights
Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon
Plat Records, in Lane County, Oregon.
Tract I II: Lots 6, 7 and 8 within Block 25 and Block G of the Amended Plat of Willamette Heights
Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon
Plat Records, in Lane County, Oregon.
Tract IV: Block 26 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and
recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Tract V: Lot 10 within Block 27 of the Amended Plat of Willamette Heights Addition to Springfield,
as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane
County, Oregon.
Tract VI: Lot 9 within Block 4, Lots 13 and 14 within Block 10, and Lots 6, 7, and 8 within Block 29
of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded
in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon.
Also: That portion of 2nd Street vacated by order recorded June 28, 1944 in Book 270,
Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would
inure by law to the Lot 9, Block 4 and Block D of the aforementioned Amended
Plat of Willamette Heights Addition to Springfield.
Also: That portion of Block D of the aforementioned Amended Plat of Willamette Heights
Addition to Springfield that lies north of the westerly extension of the north margin
of Oak Street, and northeasterly of the northeasterly margin of 2nd Street as
conveyed to Lane County in a Warranty Deed recorded January 8, 1997, Reel
2253R Reception No. 97-01380, Lane County Oregon Deed Records, and
southeasterly of the southwesterly extension of the northwesterly boundary of Lot
9, Block 4 of the aforementioned Amended Plat of Willamette Heights Addition to
Springfield.
Except: Any portion of Lot 9, Block 11 of the aforementioned Amended Plat of Willamette
Heights Addition to Springfield contained within the right of way for 2nd Street as
conveyed to Lane County in a Warranty Deed recorded February 5, 1997, on Reel
2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane
County, Oregon.
Conditions Covenants and Restrictions -Portion of Amended Plat of Willamette Heights Addition to Springfield
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We are prepared to issue 2006 (6/17/06) ALTA title insurance pollcy;iec) of OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, in the decal form insuring the title to the land described
as follows:
Lots 1, 2, 3, 4 and 5, Block 13, WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD, as platted
and -recorded in Book 4, Page 27, and AMENDED PLAT OF WILLAMETTE HL=GHTS ADDITION TO
SPRINGFIELD, as platted and -recorded in Book 4, Page 78, Lane County Oregon Plat
Records, Lane County, Oregon.
Vestee:
G & B FARMS, LLC
Estate: FEE SIMPLE
DPTED AS OF: MAY 20, 2021 at 8:00 A.N.
Schedule E of the policy(ies) to be issued will contain the following gene -al and special
exceptions unless removed prior to issuance:
GENFRAT EXCEPTIONS (Standard Coverage Policy Except -ors;:
1. Taxes or assessments wni ch are not shown as existing Liens ey the records of any taxing
authority that levies taxes or assessmen_s on real property or by the Public Records;
proceedings by a public agency which ray result in taxes or assessments, or notices
of such proceedings, whether er not shown by the records of such agency or by _he P-ablic
Records.
2. Facts, -ights, interests or claims which ace net shown by the Public Records bat which
could be ascertaired by an inspection of the Land or by making inquiry of persons in
possession thereof.
No liability is assumed hereunder until policy has been issued and full policy premium has been paid.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE.
811 WILIAME ITR S'1. 715 HRFY 101 ^ FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP 81 ITR 100
EUGENE. OREGON 97401 MAILINC:POBOX 508" FLORENCE, OREGON 97439 EUGENE, OREGON 97401
PH: (541) 697-2233 " FAX: (541)485-0307 PH: (541)997 -8417 -FAX: (541)997 5246 PH: (541)6538622^FAX: (541)8441626
iuuumuuuuumummiuui
�T.
REP
PRELIMINARY TITLE
REPORT
CASCADE ESCROW
May 28, 2021
ATTN: SARAH PETERSON
Report Re:
0327862
47SC VILLAGE PLAZA LOOP, SUITE ICC
Your No:
VP21-0952
EUGENE, OR 97401
Seller:
REFINANCE
3uyer:
G & B FARAS, LLC
PRLLIMINA.RY
REPORT FOR:
Residential Extended
Loan Policy
$T/C
PREMIUMS:
Residential Ex -ended
Loan Premium
$T/C
OTIRO 209.10-06, 222-06,
208.1 -OG
Endorsements
$100.00
Gov. Lien/Inspect Fee
$35.00
Temporary Billing
$225.00
We are prepared to issue 2006 (6/17/06) ALTA title insurance pollcy;iec) of OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, in the decal form insuring the title to the land described
as follows:
Lots 1, 2, 3, 4 and 5, Block 13, WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD, as platted
and -recorded in Book 4, Page 27, and AMENDED PLAT OF WILLAMETTE HL=GHTS ADDITION TO
SPRINGFIELD, as platted and -recorded in Book 4, Page 78, Lane County Oregon Plat
Records, Lane County, Oregon.
Vestee:
G & B FARMS, LLC
Estate: FEE SIMPLE
DPTED AS OF: MAY 20, 2021 at 8:00 A.N.
Schedule E of the policy(ies) to be issued will contain the following gene -al and special
exceptions unless removed prior to issuance:
GENFRAT EXCEPTIONS (Standard Coverage Policy Except -ors;:
1. Taxes or assessments wni ch are not shown as existing Liens ey the records of any taxing
authority that levies taxes or assessmen_s on real property or by the Public Records;
proceedings by a public agency which ray result in taxes or assessments, or notices
of such proceedings, whether er not shown by the records of such agency or by _he P-ablic
Records.
2. Facts, -ights, interests or claims which ace net shown by the Public Records bat which
could be ascertaired by an inspection of the Land or by making inquiry of persons in
possession thereof.
No liability is assumed hereunder until policy has been issued and full policy premium has been paid.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE.
811 WILIAME ITR S'1. 715 HRFY 101 ^ FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP 81 ITR 100
EUGENE. OREGON 97401 MAILINC:POBOX 508" FLORENCE, OREGON 97439 EUGENE, OREGON 97401
PH: (541) 697-2233 " FAX: (541)485-0307 PH: (541)997 -8417 -FAX: (541)997 5246 PH: (541)6538622^FAX: (541)8441626
Order No. 0327862
Page 2
3. casements, or claims of easement, act shown by the Public Records; rese,d Lions or
exceptions in patents or in Pots authorizing the issuance thereof; water ri#ts, claims
or title to water.
4. Any encroachment, encumbrance, violation, variation, or adverse circlrrgtance
affecting the Tit -e _hat would be disclosed by an accurate a -d complete land survey
of the L, -
d -a- Any 1en, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or herea£_er furnished, imposed by law and not shown by the
Public Records.
SPECIAL BXCEPY'1ONS:
6. Rights of the public in and to that portion lying within streets, roads and highways.
7. liens, if any, for any azsessmen_s by Homeowners Association for Plat of Willauiette
Heights Addition to Springfield, recorded in 3ecention No. F004 SC27, and Amended Plat
of Willamette Heights Addition to Springfield, recorded in Reception No. F004 5078,
Lane County Oregon Plat Reccrds.
8. Declaration of Private Utility Easement, including the terms and provis_ons thereof,
ecoided August 1E, 2018, Reception No. 2018-037887, Lane County Deeds and Records.
9. Covenants, conditions, restric_ionn and easements, including She terms and provisions
thereof, (but omiLLing covenants or restrict ons, i£ any, based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disabil 'ty,
handicap, national origin, ancestry, or source of income, as set forth in applicable
state or federal laws, except to the extent that said covenant or rest-iction is
permitted by applicable law) and the right =c levy cerLain charges and assessmen Ls
against the scbject property, contained in Declaration recorded August 14, 2018,
Reception No. 2018-037888, Lane County Deeds and Records.
10. Springfield Utility Board Easement - Electric, including tae terms and provisions
Lhereof, g -anted the City of Springfield, a mun_cipal corporation of the State of
Oregon, acting by and through its Spr-ngfield 'Utility Board, by instru_men- recorded
December 31, 2020, Reception No. 2020-077513, Lane County Deeds and Records.
11. Our examination of tie title to the subject property discloses no open Trust Deeds
or Mortgages of record. The accuracy of this conclusion should be confirmed in writing
prior to closing of the proposed transac_ion.
12. A copy of .he Operating Agreement of G & B Farms, LLC, including any amendments thereof,
should be furnished to Cascade Title Company for the purpose of ascertaining members
authorized to execute on behalf of the Limited Li abil-ty Company.
13. In _ion of the signatures of all the members and/cr managers, we wi l l require a Consent
Resolution by all of the irenbers and managers of G & B Farms, LLC, consenting to the
`-orthcoming sale or encumbrance and disclosinq the party(les) authorized to sign for
said limited liability company to be prcvidec pr or to closing.
Order No. 0327862
Page 3
14. Douglas Keene, who acquired title with Lucile Keere with right of survivorship, died
in Lane County on or about March 6, 2003.
VOTE: 1n Lha event of the death of a co-owner -r a survivorship es--a--e,
verification is required that there is no claim of the Oregon Eepa-tment of Human
Services or the Oregon Health Authority related to publ-c or medical assistance for
tie deceased co-owner. Contact the DHS or OHA Estate Administration Cult at phone
no. 800-826-5675 or 503-378-28844.
15. Any lien, or ri,ILL to a lien, for ser v_ces, labor, maLc,i,l, equipment rental or workers
compensat-on heretofore or hereafter furnished, imposed by -aw and not shown by the
Public Records.
16. Prior to writing an ALTA MORTGAGEE'S policy, Cascade Title Company should be furnished
with a statement as to parties in possession and as to any construction, alterations
or -epairs to the oremises within the last '15 days. We also request that we be notified
in the event that ary funds arc to be used for construction, alterations or reps Is.
Exception may be taken to such matters as may be shown thereby.
17. An accurate survey of these premises showing boundary liree, and '..ocntion of
improvemen La and eacemenLe, should be furnished for our file prior to our writing an
ALTA Mortgagee's Policy. Exception may he taken to such -natters as may be shown the-eby.
NOTE: The property address as shown on the Assessor's Roll is:
Lots 3 & 4 Wi-lamette Heights
1300 Pine Street
Sp=ingfield, OR 97477
NOTE: Taxes, Account No. 0578359, Assesso-'s Map No. 18 03 02 1 31 0100, Code 19-24,
2020-2021, in the amount be $1,707.19, PAID IN FULL.
NOTE: A'udgm.nt search has been made on the above rated Vestee)e), and we. find NONE except
as set-orth above.
NOTE: According to the public -.cord, the rollcwing deed(s; aEEe,Li ng Lhe property herein
described have been recorded within 24 months of the effective date of this report: NONE
This report is preliminary to the issuance of a policy of title insurance and shall become
null and void unless a to icy is issued and the full premium paid.
Cascade Title Co.
nt/r : Title Of=i cer: CACRRYN COLLINS
Mc 0 0
CASCADE TITLE CO.
MAP NO.
18-03-02-13
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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.
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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.