HomeMy WebLinkAboutApplication APPLICANT 10/28/2021City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
SPRINGFIELD
w 0#1
Application Type
(Applicant. dieck one)
Partition Plat Pre -Submittal: ❑ Subdivision Plat Pre -Submittal: ❑
Partition Plat Submittal: ❑ Subdivision Plat Submittal: Ld
Required Project Information (Applicant., complete this section)
Applicant Name: Bruce Wiechert Phone:541-686-9458
Company: Bruce Wiechert Custom Homes, Inc.
Fax:
Address: 3073 Skyview Ln., Eugene, OR 97405
Applicant's Rep.: Anthony J. Favreau
Phone:541-683-7048
Com an :The Favreau Group, LLC
Fax:
Address: 3750 Norwich Ave., Eugene, OR 97408
Property Owner: Same as applicant
Phone:
Company:
Fax:
Address:
ASSESSOR'S MAP NO:17-02-28-34
TAX LOT NO(S):
500 & 600
Property Address: 5315 & 5335 High Banks Road
Size of Property: 3.3 Acres ® Square Feet ❑
Proposed Name of Subdivision: High Banks Estates
Description of If you arefilling in this form by hand, please attach your proposal description to this application.
Proposal: 20 -Lot residential Subdivision
Existing Use:Two homes and vacant field
Tentative
Case #:
# of Lots Parcels:
Av . Lot Parcel Size:
sf Densit : du/acre
Si natures: Please si nand rint our name and date in the appropriate
Required Project Information (City Intake Staff.
Associated Applications:
box on the next a e.
complete this section)
Pre -Sub Case No.:
Date:
Reviewed by:
Case No.:
Date:
Reviewed by:
Application Fee: $
Technical Fee: $
Posta a Fee: $0
TOTAL FEES: $
PROJECT NUMBER:
Revised 10.14.13 kl 1 of b
Owner Signatures
I his application Form is used for both the required pie-submittal meeting and subsequent
Cemplohil appkeMtlon submittal, Owner slgnatbres are required at both SlageS In the application
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An appllcathen without the Owner's original signature will not be accepted.
The undersigned acknowledges that the alformallon in this application Is correct and
aCCurole it,, schedullnq of the Pro. Submittal Meeting. If the applicant Is not the
ownel the owner heirhy cants permission for the appllCent to act In hltdhet behalf.
Uwa do hereby acknowledge that I/we are legally responsible lot all statutnly
timellnes, InfulmaUun, rrgorst%and roqulrrnlrnh:l onveyed to fly reprr.rniative.
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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 160 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 ok given 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 Id 4 of b
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).
❑ Copies of Wetland Documents as required.
❑ Copies of ODOT Access Permits as required.
❑ Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
❑ Verification that Street Tree Agreement is in Progress as required.
❑ Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as
required.
Revised 10.14.13 kl 5 of 6
❑ Post Monumentation Deposit as required for subdivisions only. City Survey Section
has current fee schedule and templates.
❑ Location of Any Floodways in accordance with SDC 3.3-400.
❑ Existing Easements Clearly Identified with Their Recorded Reference.
❑ 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.
❑ 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.
❑ Land Division Plat Application Form
❑ Two (2) Copies of the Deed
❑ 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.
Revise, 10.14.13 kl 6of6
SPRINGFIELD
OEEGON
Subm, ttr / o the
City of Sprin, -fie/
■
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Name of Plat: High Banks Estates
Titles of required documents:
�✓
d Original signed plat on acid -free archivable band paper (2 pages)
D�Original signed Declaration of Dedication (Release of Reserve Strip)
for Tract C of Thurston Place Subdivision (1 page)
3i Original signed B&S Deed for Tract A (1 page)
O'Original signed CC&RIs (8 pages)
M- Original signed 20' Private Access and Utility Easement & Millet.
Agreement (1 page)
13 Original signed 25' Private Access and Utility Easement & Maint.
,,Agreement (1 page)
rT Original signed Grant of Easement (No Build Easement) (6 pages)
El Current Title Report
L[YVesting Deed
O A copy of each of the previous for Planning
ET—Final Plat Application Form and Fee NOTE: The application is
only complete after you return:
➢ Post Monumentation • 5 rolled copies of
o Signed Calculated Form the recorded plat
o Engineers must
Get check far $10,500 . 3 copies of documents
• Add PN31063 to Acella recorded with plat
• Photocopy check & receipt,
giving copy to Jon Driscoll
Sincerely,
City Instructions: This form is to accornpany the plat and the supporting documents to the public Works Department of the
City of Springfield at the lime of final plat submittal. The purpose is primarily to notify the planning office that the Surveying
Division has received all the documents it requires for final plat submittal.
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SUMMARY OF CONDITIONS OF APPROVAL: HIGH BANKS ESTATES
1. In accordance with SDC 5.12-140.B.3, the applicant must submit a current title report (dated
within 30 days of Plat Submittal) to help determine if public assessments, liens, and fees with
respect to the proposed subdivision have all been paid.
RESPONSE: See attached title report.
2. In order to meet the requirements of SDC 3.2-215, the applicant must submit a minor variance
application for all lots that do not meet the dimension requirements for the LDR district. This
impacts Lots 6, 149 and 15. The applicant must also obtain approval from the City prior to Final
Plat approval.
RESPONSE: The minor variance has been approved.
3. The applicant must improve the existing driveways and sidewalk on High Banks Road for the
existing homes located at 5315 (Lot 1) and 5335 (Lot 18) to current City and American with
Disabilities Act (ADA) standards as needed during the Public Improvement Permit (PIP) design
and construction process for the proposed subdivision as per SDC 4.2-120.
RESPONSE: The driveway to lot 1 has been called out on the PIP plans to be rebuilt to the City
standards. The existing driveway to lot 18 will be closed and relocated onto the new street per
the PIP plans.
4. Prior to Final Plat approval, the applicant most relocate the existing driveway serving 5335 High
Banks Road (Lot 18) with access off of High Banks to 53m Place as part of the PIP process for this
subdivision as per SDC 4.2-120.B.
RESPONSE: The existing driveway to lot 18 will be closed and relocated onto the new street
per the PIP plans.
5. As per SDC 4.2-120, the applicant must ensure that Lots 3-6 take access off the available multiple
panhandle driveway rather than having Lot 6 having its separate driveway access. Another option
to consider is adding an offset bulb at the subject curve to serve the site access for these lots.
RESPONSE: The driveways will be approved during the PIP process.
6. As per SDC 4.2-120, the applicant most ensure that Lots 12-14 have no more than two (2)
driveways in total, which will result in at least two of the lots sharing a common driveway access off
of the 53m Place extension. Another option to consider is adding knuckle at the subject curve along
the 53m Place extension to serve the site access for these lots.
RESPONSE: The driveways will be approved during the PIP process.
7. The applicant/developer must construct full street improvements along both 53m Place and High
Banks Road. This includes curb, gutter, sidewalk, street tights, street trees, and new paving through
the City's PIP design process in accordance with SDC 4.2-105.G.
RESPONSE: The PIP plans are under review.
8. On the Final Plat and PIP plans, the applicant must provide a sewer alignment where all
manholes are located in the pavement section and as close to the centerline as possible as per the
requirements in Section 2.02.8 of the City's EDSPM.
RESPONSE: The sewer manholes and alignment are shown in the PIP plans and are under
review.
9. Prior to Final Plat approval, the applicant most design and construct the required public
sanitary sewer system using the City's Public Improvement Process (PIP).
RESPONSE: The sewer manholes and alignment are shown in the PIP plans and are under
review.
10. As part of the PIP required for the proposed subdivision, the applicant most submit a
vegetation plan for the infiltration basin and any other vegetated treatment area that meets the
requirements of the City's interim design standards as required in Section 3.02 of the EDSPM. The
City of Eugene stormwater management manual may be referenced for design.
RESPONSE: The infiltration basin and vegetation are shown in the PIP plans and are under
review.
11. To ensure a fully functioning water quality system and meet objectives of the City's MS4
permit, the applicant most maintain the vegetation in the stormwater treat areas for the 2 -year
warranty period after acceptance of the PIP.
RESPONSE: The vegetation shall be maintained for two years.
12. Due to the proposed infiltration basin accepting all runoff from the subdivision with no
overflow available, the applicant must design and construct a suitable stormwater quality manhole
upstream of the basin inlet to prevent siltation of the basin and, therefore, prolong the lifespan of
the basin.
RESPONSE: A stormwater quality control manhole is shown in the PIP plans and are under
review.
13. The applicant must provide a study with a written narrative explaining the system and any
design choices made as well as provide additional calculations to manage the stormwater for 100%
of the area within the proposed subdivision.
RESPONSE: The stormwater study has been submitted.
14. The applicant must provide testing results that meet all applicable criteria in the Eugene
Stormwater Management Manual for infiltration testing that supports this rage and design details
for the proposed infiltration facility and showing how this high rate will be maintained.
RESPONSE: The stormwater study has been submitted.
15. The applicant must dedicate any tract area to be developed as part of the stormwater system,
including sufficient area for maintenance access, to the City of Springfield in a separate document,
to be recorded concurrently with the plat.
RESPONSE: The infiltration basin and vegetation are shown in the PIP plans and are under
review. A document will be recorded concurrent with the plat.
16. Prior to approval of the Final Subdivision Plat, the applicant shall provide notice to future
owners than Covenants, Conditions and Restrictions (CC&Rs), or an equivalent mechanism
satisfactory to the City, with the following notification language to property owners and residents of
the subdivision:
"The City of Springfield provides operational maintenance only for stormwater detention facilities that
drain water from public rights-of-way or other property. Maintenance performed in these areas is
limited to functionality in order to ensure a properly working stormwater system. The City does not
provide aesthetic maintenance for stormwater treatmentfacilities. Any additional maintenance or
enhancement desired by the developer or residents of the subdivision can be provided by thatparty at
no cost or obligation to the City, and shall be coordinated through the City of Springfield's
Development & Public Works Department."
RESPONSE: This will be included in the CC&Rs.
17. The applicant must design and construct all stormwater improvements, including areas
required for access to the proposed subdivision, using the City of Springfield's Public Improvement
Process (PIP).
RESPONSE: The infiltration basin and vegetation are shown in the PIP plans and are under
review.
18. The applicant/developer most install all required utilities in the public right-of-way (ROI) or a
suitable easement as well as coordinate their placement with other utility providers and site
features such as driveways or sidewalk and curb ramps to minimize disruption or compromise
required design features. Ali utility locations to be shown and coordinated using the City of
Springfield's PIP process.
RESPONSE: All public improvements are shown in the PIP plans and are under review.
19. The applicant states that there are existing accessory structures located on proposed Lots 4-7,
along the western side of the development area, specifically Tax Lot 600. The applicant shares that
these "out buildings" will be removed. Prior to Final Plat approval, the applicant most take down
the accessory structures with demolition permits and other City required processes.
RESPONSE: The out buildings will be removed prior to plat recordation.
20. The developer is advised to contact SUB Water at 541-726-2396 for assistance with the
requirements for design, approval, and installation of the water system (Contact. Ladd Boyce).
RESPONSE: SUB Water has approved the water construction plans.
21. On Sheet C2 of 2 (Utility Plan), the applicant shows where existing and proposed new fire
hydrants would be located in order to serve the entire subdivision. Fire hydrants shall be placed in
locations such that they are not greater than 250' away from any portion of the street frontage of a
lot. Average spacing of hydrants shall not exceed 500 feet (Springfield Fire Code (SFC) Table
C102.1).
RESPONSE: The fire hydrants are shown on the PIP plans.
22. Eugene -Springfield Fire advises that a minimum 20 -Foot clear width of travel surface is
required, which will preclude parking on one side of the street in accordance with Section 503.2.1 of
the 2014 Springfield Fire Code (SFC). In accordance with SFC 503.3 and Appendix D, Section
D103.6, the applicant/developer must need to post "No Parking — Fire Lane" signs on one side of
the 53m Place extension as well as on both sides of the joint access driveways to single or multiple
panhandle lots.
RESPONSE: "No Parking" signs are shown on the PIP plans.
23. A 20 -foot fire apparatus access road will need to be extended into properties for Lots 3-5 such
that the road is within 150' of the most remote corner of the onsite dwelling, as measured by an
approved route. Additionally, fire access roads shall be capable of supporting an unposed load of
fire apparatus weighing at least 80,000 lbs. as per SFC D102.1 and SFC Amendments.
RESPONSE: A concrete driveway will be built during the building permit process to support at
least 80,000 lbs.
24. As part of the Final Plat approval, the applicant most dedicate a 7 -foot PUE along both the 53m
Place extension and High Banks Road in accordance with SDC 4.3-140.A.
RESPONSE: The PUEs are shown on the plat.
25. Prior to issuance of any Building Permits for lots within the subdivision area, the applicant shall
demonstrate compliance with the height limit of SDC 3.2-215 and the solar setback requirements of
SDC 3.2-225.
RESPONSE: This will be addressed during the building permit process.
26. Prior to Final Plat approval the applicant most submit a landscaping/vegetation plan for the
street trees, curbside planter strips, and any vegetated stormwater management facilities. These
will also be finalized in the City's PIP process.
RESPONSE: These are shown on the PIP plans.
27. Prior to Final Plat approval, the applicant must comply with the City's development standards
for landscaping (SDC 4A-105), which includes specifications on vegetation coverage, acceptable
plantings, irrigation system, and planting plan.
RESPONSE: These are shown on the PIP plans.
28. The applicant must address any screening for the subdivision as per SDC 4.4-110 prior to Final
Plat approval.
RESPONSE: These are shown on the PIP plans.
29. Prior to Final Plat approval, the applicant must depict the portion of the subject site that falls in
the 20 -year TOTZ on the plan set and submit a Drinking Water Protection Exemption Request
application for the proposed subdivision.
RESPONSE: This is shown on the PIP plans.
30. Prior to the initiation of any construction or vegetation removal on the development site, the
applicant shall obtain a Tree Felling Permit for the removal of more than five trees greater than 5 -
inches in diameter from the property over any 12 -month period.
RESPONSE: The permit is a part of the PIP plans.
31. Prior to Final Plat approval, the applicant shall depict the conceptual layout, location of
driveways, and anticipated public infrastructure for each residential lot prior to approval of the
PIP plans and commencement of construction in accordance with SDC 5.12-120.
RESPONSE: The driveway locations are shown on the PIP plans.
32. Requests for second or over width driveways within the subdivision area shall demonstrate to
the satisfaction of the City that there are no conflicts with street fights, street trees, and utility
infrastructure.
RESPONSE: The driveway locations and sizes are shown on the PIP plans.
After recording return to:
Bruce Wechert
3073 Skyview Lane
Eugene, OR 97405
20 FOOT WIDE PRIVATE JOINT ACCESS AND UTILITY EASEMENT AND MAINTENANCE
AGREEMENT
RECITALS:
Bruce Wechert Custom Homes, Inc. is the owner of a certain real property, described as Lots 1 and 2 of
High Banks Estates, as platted and recorded as Document No. 2021- Lane
County Deeds and Records, Oregon.
DECLARATION OF EASEMENT:
1. Easement Description. Bruce Wechert Custom Homes, Inc. hereby creates an easement across
Lots 1 and 2 for the benefit of Lots 1 and 2 of said High Banks Estates plat as shown thereon.
2. Easement Created. The easement is created to allow access, ingress and egress to the public
street system, private utilities and to allow for driveway purposes and public emergency access.
3. Use of Burdened Property. The owners or occupiers of the Lots affected by the easement shall
have the right to use their property, including the area described as the easement, for any
purpose as long as the owners or occupiers do not interfere with the use of the easement as
granted by this instrument.
4. Maintenance and Repairs. The cost of any maintenance or repair of the area within the
easement shall be apportioned between the owners of Lots 1 and 2 of said plat equally.
5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the
use of Lots 1 and 2 of said plat equally and are intended to be covenants and restrictions running
with the land.
All provisions of this instrument, including the benefits and burdens, are binding and enure to the heirs,
successors, assigns, transferees, and personal representatives of all parties who own any of the
aforementioned lots.
Dated this day of , 2021
Bruce Wechert, President of Bruce Wechert Custom Homes, Inc.
State of Oregon )
) ss.
County of Lane )
There personally appeared before me the above named Bruce Wechert, acting in his capacity for
BRUCE WECHERT CUSTOM HOMES, INC. known to me to be the same person who executed this
declaration and acknowledged the same to be a voluntary deed.
Acknowledged before me this Day of
2021.
Notary Public for Oregon
My commission expires:
After recording return to:
Bruce Wechert
3073 Skyview Lane
Eugene, OR 97405
25 -FOOT WIDE PRIVATE JOINT ACCESS AND UTILITY EASEMENT AND MAINTENANCE
AGREEMENT
RECITALS:
Bruce Wechert Custom Homes, Inc. is the owner of a certain real property, described as Lots 3, 4, 5 and
20 of High Banks Estates, as platted and recorded as Document No. 2021- Lane
County Deeds and Records, Oregon.
DECLARATION OF EASEMENT:
1. Easement Description. Bruce Wechert Custom Homes, Inc. hereby creates an easement across
Lots 3, 4, 5, and 20 for the benefit of Lots 3, 4 and 5 of said High Banks Estates plat as shown
thereon.
2. Easement Created. The easement is created to allow access, ingress and egress to the public
street system, private utilities and to allow for driveway purposes and public emergency access.
3. Use of Burdened Property. The owners or occupiers of the Lots affected by the easement shall
have the right to use their property, including the area described as the easement, for any
purpose as long as the owners or occupiers do not interfere with the use of the easement as
granted by this instrument.
4. Maintenance and Repairs. The cost of any maintenance or repair of the area within the
easement shall be apportioned between the owners of Lots 3,4 and 5 of said plat equally.
5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the
use of Lots 3, 4 and 5 of said plat equally and are intended to be covenants and restrictions
running with the land.
All provisions of this instrument, including the benefits and burdens, are binding and enure to the heirs,
successors, assigns, transferees, and personal representatives of all parties who own any of the
aforementioned lots.
Dated this day of , 2021
Bruce Wechert, President of Bruce Wechert Custom Homes, Inc.
State of Oregon )
) ss.
County of Lane )
There personally appeared before me the above named Bruce Wechert, acting in his capacity for
BRUCE WIECHERT CUSTOM HOMES, INC. known to me to be the same person who executed this
declaration and acknowledged the same to be a voluntary deed.
Acknowledged before me this Day of
2021.
Notary Public for Oregon
My commission expires:
BARGAIN AND SALE DEED
Tax Map & Lot Numbers 17-02-28-34 , 500& 600 (on the date of execution)
KNOW ALL BY THESE PRESENTS, that Bruce Wechert Custom Homes, Inc. , Grantor(s),
in consideration of the acceptance by the City of Springfield, Oregon, Grantee; said Grantor hereby grants,
bargains, sells and conveys unto the said Grantee, its successors and assigns, all the following real
property, with the tenements, hereditaments and appurtenances, situated in the County of Lane and State
of Oregon, bounded and described as follows:
Tract A, HIGH BANKS ESTATES as platted and recorded as Instrument
No. , recorded in Lane County Deeds and Records, in Lane County,
Oregon.
TO HAVE AND HOLD, the above described and granted premises unto the said Grantee, its successors
and assigns forever.
THE CONSIDERATION for this conveyance is $0
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
42A, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER B55, OREGON LAWS 2009, AND SECTIONS 2 TO 7,
CHAPTER B, 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 NEIGHBORING PROPERTY OWNERS, 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 SAND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER B, OREGON UM201M
IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals on
20
SIGNATURE: President; Bruce Wechert Custom Homes, Inc.
(TITLE& COMPANY)
PRINTNAME: BRUCEWIECHERT
STATE OF OREGON YSS
COUNTY OF LANE J
This instrument was acknowledged before me on 20 by
as of
Notary Public for Oregon
THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a
Municipal Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein
is hereby accepted.
CRY OF SPRINGFIELD
By:
City of Springfield Engineering/Surveying Date
AFTER RECORDING RETURN TO:
ATTN: SURVEYING, JON DRISCOLL
CITY OF SPRINGFIELD
DEVELOPMENT &PUBLIC WORKS DEPT.
225 FIFTH ST.
SPRINGFIELD, OREGON 97477
SEND TAX STATEMENT TO:
CITY OF SPRINGFIELD FINANCE DEPT.
225 FIFTH ST.
SPRINGFIELD, OREGON 97477
C1VwalonrtilCrcwWeISW 1k11G0,Bmtr11� 'mRSak REV M: Juty 2021
After Recording Return to:
Bruce Wiec reit Custom Homes, Inc.
3073 SKYVIEW LANE
EUGENE, OREGON 97405
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HIGH BANKS ESTATES
(Lots 1 through 20)
THIS DECLARATION made on the date hereinafter set forth by Bruce Wicchert Custom
Homes, Inc., hereinafter referred to as "Declarant'.
Witnesseth
Declarant is the owner of Lots 1-20, inclusive, of the property known as I IIGH
BANKS ESTATES in Lane County, Oregon and more particularly described in Exhibit "A"
attached hereto and made a part hereof by this reference.
IF
Declarant deems it desirable in furtherance of the proposes set out herein to establish
these covenants and restrictions which shall apply to all roal property contained in the
developmem.
HIGH BANKS ESTATES is a subdivision proposed for that real property more
particular -y- described in Exhibit "A" attached hereto and by this reference made a part hereof.
NOW THEREFORE, Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following casements, restrictions,
covenants and conditions, which are for the purpose of protecting the value and desirability of,
and which shall run with, the real property and be binding on all parties having any right, title or
interest in the described properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE 1
Definitions
Section I —"=Owner": Shall mean and refer to the record owner, including contract
purchasers, whether one or more persons or entities, of the fee simple title to any lot which is
part of the properties, including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Section 2 — "Properties Shall mean and refer to that certain real property hereinbefore
described.
Section 3 — "Lot": Shall mean and refer to any plot of land shown on any recorded
subdivision map of the properties.
ARTICLE 11
Use and Maintenance Restrictions
Section l -Residential Use: Except as set forth below all lots as shown on the plat
of HIGH BANKS F.STA I'ES shall be used only for private residential purposes and no trade,
business or profession shall be conducted or practiced thereon.
Only one private, single family dwelling, not exceeding two stories in height, together
with the customary outbuildings (See Article IV, Section 7 regarding storage sheds) including a
private garage for not less than two (2) cars or more than four (4) cars (which may be
incorporated into the main residence) shall be erected or maintained on any lot. No carports shall
be allowed.
All structures in said subdivision shall be constructed of emirely new materials, and shall
be constructed entirely on site. Exterior walls may be framed and sided oft site.
Section 2 -Animals: no kennel, aviary containing more than five birds, dairy, stable, barn,
hutch or warren shall be erected or maintained on any residential lot, nor shall dogs, cats, birds,
horses, cows, poultry, rabbits or other domestic animals or fowl be kept thereon, except this
restriction shall not be construed to prohibit ordinary household pets which do not constitute any
annoyance or nuisance to the neighborhood.
Section 3_ Stormwater Maintenance The City of Springfield provides operational
maintenance only for stormwater detention ponds that drain water from public rights-of-way, or
other proper -.v. Maintenance performed in these areas is limited to functionality in order to
ensure a properly working sananwater system. The City does not provide aesthetic maintenance
for stormwater treatment facilities. Any additional maintenance or enhancement desired by the
developer or residents of the subdivision can be provided by that party at no cost or obligation to
the City, and shall be coordinated through the City of Springfield's Development & Public
Works Department.
Section 4 -Nuisance: No noxious or offensive trade or activity shall he carried upon any
lot, nor shal-. anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
Section 5 -Signs: Unless written approval is first obtained from the Developer, no sign of
any kind shall be displayed to the public from any residential lot, except 1) professional sign of
not more than 23"X36` advertising the lot for sale or signs used by the developer to advertise the
lot during construction or sale period. During construction of tltc residence, the general
contractor may display signage consistent with these covenants and Springfield City Sign Code.
Section 6 -Temporary Buildings No trailer, basement, shack, tent, garage, barn or other
outbuilding erected in the subdivision shall at any time be used as a residence temper only, or
permaner-Ey, nor shall any structure of a temporary character be used as a residence.
Section 7- Drainaee: Each owner, their heirs, successors and assigns of a lot in said
subdivision agree that they will not in any way interfere with the established drainage over their
lot and that they will make adequate provisions for property drainage for the benefit of all
affected lots. For the purpose hereof, "established drainage is defined as the drainage which
occurred at the time the overall grading of said subdivision was completed by the undersigned
Declarant."
Section 8 -Refuse: NO LOTS SHALL BE USED OR MAINTAINED AS A DUMPING
GROUND FOR REFUSE. Trash, garbage and other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such material as
prescribed by ordinance shall be kept in a clean and sanitary condition. During the period of
construction and development of the plat, this provision will not apply to the Declarant. Storage
of any kind of goods, chattels, merchandise, material, fuel, supplies, or machinery shall be within
walls of the building or enclosed by tight fences that completely screen it from sight.
Section 9-VehicleParkine: These covenants hereby include a restriction on overnight
parking on the dedicated streets within the subdivision. All unsightly or inoperable vehicles shall
be removed From the streets and open parking areas and parked in appropriate areas so as not to
hinder the overall beauty of the area. All boats, trailers, and R. V.'s shall be stored in an
appropriax area behind a screen or fence no closer to the street than the front of the garage.
Section 10-Landscapirtr: Yards shall be landscaped not more than 45 days after final
inspection except when occupancy occurs after October 1, and before May 1. Yards of
residences ready for occupancy during inclement weather shalt lie landscaped not more than 45
days after May 1. Yards shall be maintained in a neat and clean condition and grass shall be
watered aid cut regularly.
Section 1 I-Heatine and Air Conthtioninu� Window mounted air conditioners shall not be
allowed.
Section 12 -Partition: No lot may be partitioned or subdivided after sale or conveyance by
the Declatmrt.
Section 13-13tilities and Utility Easements Easements and right-of-ways for installation
and maintenance of utilities, facilities, and signage, are shown on the recorded plat.
Section 14-Satelite Dishes and Antennas: It is the intention of the Declarant to provide
underground facilities for electric power, natural gas.. telephone lines and television cable.
Subsequent to the time such facilities are completed no external television, satellite dishes, radio
or other antennae or clotheslines or other similar structures may be erected on any location.
Satellite dishes with a diameter of no mote than 30 inches will be allowed.
Section 15 -Placement of Utilities Declarant discloses to all lot owners that the placement
of all utility lines and equipment, including meters, hydrants, conduit and piping, is up to the sole
discretion of the utility installing such equipment, and that placement may not be centered within
easements, or on lot comers or boundaries. Lot owners are advised that they cannot rely on
placement of such equipment to delineate boundaries of lots or easements.
Section 16-13se of Chemical Pesticides The use of chemical pesticides hazardous to
humans or other animal life must be kept to a minimum consistent with good husbandry of
domesticated plants and animals, and then used only in accordance with instructions on the
labels anc with current recommendations of state health and agriculture departments.
Pesticides are to be applied only by methods and at times that will prevent their affecting
vegetation or animal life outside the property owner's boundaries. Special precautions must be
taken when dealing with chemicals that caution of "Environmental Hazards"on the label.
'lie following substances shall not be used:
.Arsenic, mercury, lead, and their compounds.
.Chlorinated hydrocarbons such as DDT, dieldrin, endrine, aldrin, RHC or
lindane, chlordane, mirex, dicofol, dinocap, and taxophene.
.Organic phosphates such as parathion, TEPP, dimethoate, and demeton.
.Carbamates such as carbaryl (Sevin) and methyl carbamates.
.Herbicides containing amitrole, 2,4-D, 2,4,5-T, and PCP.
.Fungicides containing caplan, PCP and PCNR, and organic mercury compounds
such as PMA
The Following substances are generally low hazard to humans and most wildlife and may
be used without special permission. They should be applied carefully, however, and only to the
extent really needed.
Botanical sprays and dusts—Pyrethrum, available as D-Con House and Garden
Spray, Raid House and Garden Spray, Ortho Home and Garden Insect Spray; Ryania,
available as B.D. Trec Spray, Tri-Excel Ds.
Fungicides—Wettable sulfur.
Oil sprays—Dormant oil, available as Scalecide; Summer oil, available as Ortho
Volck, Sunoco Summer Oil.
Biological controls—Milky spore disease, for grubs in soil, available as Doom;
Bacillus huringiensis, for caterpillars, available as Thuricide or Biotrol; Predatory
insects, such as ladybugs, praying mantids,'1'richogramma wasps, and others.
Other acceptable materials for restricted use Malathion, methoxychlor; Warfarin for
rats and mice.
ARTICLE III
Requirements and Criteria
Section 1 -Height: All buildings shall be ono story, two story or split level. No basements
allowed.
Section 2 Square Fuotage� No dwelling shall be erected or maintained on any lot unless
it contains at least 1.200 square feet of living space exclusive of garage, open porches, patios, or
breezeways or any building structure or floor which is other than a part of the principal
residential structure. Notwithstanding anything to the contrary herein, the square foot
requiremcLls may be waived or decreased with the written approval of the Declarant where the
size or location of the lot warrants consideration thereof by the Declarant.
Section 3 -Siding: All elevations of homes are to have double-wall construction with lap
siding on all walls facing a street, other than homes featuring craftsman styling which may utilize
board and batt and or shingles. All other walls may be single-wall construction with panels and
with or without 1 x 2 butts spaced every 16" on center.
Section 4 -Exterior Colors- Windows: All exterior paint colors and stains must be
approved by the Declarant PRIOR TO INSTALLATION. All windows shall be vinyl or painted
wood.
Section 5- Fencing; All fencing (including gates) except as otherwise set forth herein,
shall be designed to be 6 feet tall with vertical l x 6 cedar boards and 4" x 4" treated posts,
maximun_ 8 -foot sections. Fences and gates shall be all wood and treated only with natural
preservatives (no paint). No fence or gate shall protrude past the front of the residence.
Section 6 -Maintenance Dot ing Constmctiotc During construction. the lot owner shall be
responsib e for keeping all streets and sidewalks in a neat and clean conditions, and shall not
allow any dangerous conditions left unattended on his or her property.
Section 7- Storage Sheds: All storage sheds shall not exceed 12' x 12' or 144 square feet.
Such storage sheds must meet all current City of Springfield building codes then in effect and be
approved Ly the City of Springfield. Roof pitch (6/12), siding, and color of storage shed must be
the same as the residential building, Maximum inside wall height shall not exceed 8' in height.
Section 8 -Waiver: The Declarant shall have the sole, exclusive, and absolute right in its
discretion to waive, in whole or in part, any provision, covenant, condition, restriction or
reservation herein.
ARTICLE N
General Provisions
Section 1 -Enforcement: Any affected Owner of a lot in the subdivision shall have fill
rights to enforce the covenants, conditions and restrictions contained herein. No failure to
prosecute any person for any violation or attempted violation shall be deemed a waiver of a right
to enforce any such violations by the same person or other persons. The prevailing party shall be
entitled to recover costs and a reasonable attorney's fees, both trial and appellate, in any such
proceeding.
Section 2 -Conflict, In the case of conflict between these restrictions and any zoning
ordinance of any governmental body, the more restrictive shall prevail.
Section 3 -Severability. Invalidation of any part of the restrictions shall in no way affect
the retraining restrictions'_
Section 4 -Binding Effect: The provisions herein shall be binding upon and inure to the
benefit of tie successors, heirs, and assigns of the owners and all tot purchasers, users and
owners.
Section 5 -Time This Declaration shall nun for the benefit of each of the lots affected and
shall control the use of the lots for a period of twenty (20) years form the date the declaration is
recorded, after which time they shall automatically be extended for successive periods of len (10)
years.
Section 6 -Amendment Except as specifically set forth herein, this Declaration may he
amended by an instrument signed by the owners of not less than 75% of the lots of the
subdivision. upon execution, the instrument shall be recorded in the Official Records of lane
County, Oregon.
IN WITNESS WHERE OF, Declarant has executed this instrument on the day of
,2021
BRUCE WIECI ERT CUSTOM HOMES, INC.
BY: BRUCE WIECHERT, PRESIDENT
State of Oregon )
)ss
County ofT,ane )
Phis _ day of 2021, Personally appeared the above named
BRUCE WIFCHF.RT, PRESIDENT of Bruce Wiechert Custom Horses, Inc. and acknowledged
the foregoing instrument to be the voluntary act and deed of said corporation.
Before Me:
Notary Public for Oregon
My Comrnission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION
T�� ARERRFU^ •..iGAUAmg ro:
L,HlFDOSIMNY
CYST £OR Nil TfLIsINETIEBT LVRENE, DR 9>am Lane County Clerk
em. Lane County Deeds & Records
TITLF NO. 0323873 RPR -DEED Cwt=l Sin -9 CASHIER 06
ESCROWNO. VP20-22W SP $10.00$11.00$10.00$61.00
1'AX ACCT. NO. 0112179 f TAX ACCT. NO. 0111787
,NAP?AX I.OTNO. 17-02.29-34-005(IC o d mail
GRANTOR
S'I'EVE WILLIAMS, MARY L. WIL I. NMS and 6 FEFNEN 11, WILLIAMS
CHANTER
BRUCE WIECHERT CUSTOM IIOM ES, INC.
3013 SKYVIBW LANE
EUGENE, OR 97405
Until a change is na as led After Illoscing retom la:
.11 1. otmemems shell he CASCADE TITLE CO.
sent lathe falbving address: 811 WILLAMETTE
"• SAME AS GRANTEE... EUGENE, ON 91901
WARRANTY DEED -- STATUTORY FORM
STEVE WILLIAMS and MARY L. WILLIAMS, not as Cement in common, but with rights ofsurvivorship, as
to Parcel i artd STEPHEN H. WILLIAMS, As m Pveel 1, Cranmq
conveys end'unUmmrs la
BRUCE WIECHERT CUSTOM HOMES, INC.. An Oregon Corporation, Grantee,
the following dessribed real progeny rrree It enemnbrar.a except Ss,,ti lseally sn fanh herein:
SEE EXHIBIT A WHICH IS MADE A i'A A HE It EDP BY I'HIS OF17BRENCE
The true consideration for this eonecyance is $970,000.00.
REFORE SIGNING OR ACCEVI'ING TIIIS IN91'RUNIINT. iilE PRRSON TR\RRFEPNING iEE TITLE SHOULD
199 MI AOOUT THEPERSON'SRW'11iiANY,.1uraORS195400f,rtaJiona lar ORS 19S]00 19 19533 6),
TO 195131(htive findings) Ill""' To unnDAN n far TMISnn of um 01 Al properly ORE had ase S 1007,
TO 1905182 TOO AND1 and Cemertx 5S. 3'REGONDEECIIONSS D ILCNAYTED 7. OREGON 8, OR GON
LAWS 2010
TO nSU Il, INSTRUMENT DOLS
35S.OREGONUSE ]009,ANUSEGTIO.YDEC 9,EDAPTEfl S, OREGON
LAWS2010.TNIN VIOLATION
Al"' ICARIg IA USEOFA EYND RETYDESCRIOf•BEF THIS
INSTRUMENTIN(IDEATION T,IHEPERSON ACQUIRING
USE LAWS ANOE TOLLITIOOFREPOSESIGMNG C
ACCEPTING TRISINRTRU CITY RIEPENTON ACg1INGO FEE TITLE TO TICPROPERTYSHOULDCIIECR
ON TRANSFRRRED IS C]TYOR COUNTYPLASHING TORI ACELTOV 1,111 T11A1'TRE UNR Oi LAND
to'IOA FICIO. BRED IS A LAN'PU'-',)'ESTABLISHED OVER! LOT ON PAMCEL, AS SEi1 1 T IN OSS 11 P RCE i, TO
DEOAS9INEAaYLIMITS FLUD) OR ON
LAWSUITS FV TI
OR APPR
EST USES11 TI ELIT OR PARCEL, TO
DETERMINE Aryy LIMITS ON 1.\\VeUIT3 AG.\INYI' fARM11YC OR iORP3T PMLTIf EE. AS Drell in IN naz
1'O
LAWS 2999. AND
Except the following eheambranecs:
CovcnnaU, Cons! ito, RcUlcuans, Lasmnenn Bad Rights of Way ofrccard, irany.
Dnad llsu _F darof�0�'Muc2 _an
S'I'EVE WILLIAMS
%%�dLG�' ! j �.
MARYyW ILLIAMS
4/1
$TEYREN H. LIJAMS
Stale -Fall. 1Caunay of Lane
This saDemer,.a aeknmvlecild before me on) V_ 6020 by STEVE WI LLIA MS,
MARY L WILLIAMS and In EPHER II, WILL( S.
OFFICIALSTAMP _
CNRISTINAJEANNE MA.1. —Dory PublivT.
NOTARY PUBLIC-00.EGON My commission.'all L.
COMMISSION NO 979419
MV COMu9SI0NEgNRESSEPTEMBER 19. m12
2020-074362
12/17/2020 01:24:58 PM
2pages $92.00
LxIibit"A"
PARCEL P
Reghonon attic point ofimenmpn ofthn Salah line ofComy Rsid No. 440 with ft Wed lie of the Jed, M.
Mann Oanatio Letd Claim 74.Township t7 Sumh. Range 3 Wed aft Willmtae Meridian, shin point hang
564224 fed Nmlh O' IO Wen ofthe Sodtwm cnn afsad Whiian lad Cohn Number 74;Wmin3 thmo,
South 12°45' fast nim, Ne Smnh line of.nhi rind 311.1, f,, nmeo, Soth P IT PJs1353.4 feel: then= Wen 314
fl; Ihoee North w 10' Wont 360J feet m the plant ofkgi.fAm in Imo Counp, On".
PARCEL 2:
1Jeghudnl m e point in the eemm Jim ofo3wry goad. North 19' W Wevl 190.1 fed from the intersection afraid
emmr line afraid Conary Rota rich dm Lis line of the Hdad Johnson Ooneeon Lord Cbhn No. 62 Nmftmion No.
7431 in Tawnehip 17 South, Range 2 West of the Willmnme Meridian; and n aning thence South P.&I whh hold
EM fine 477 fat; throw Gst IW.1 twat theta Nadh 478 fain; Thence Wort 190.1 fen he the point or begimbsg, in
LuneC eny, Oregon
ERC 7NEREPROM map -oomopd ne Orval J. MoRuosen and Rory J. McPherson, hobmd mid
e,ifr meolded Jwe 37. 1912 Reception No. 74390, three County Oregon Gad Reswds, in Line Conry,
Oregon.
AM ERCEnNG THEREFROM property..,d to Michael Mepheteen Nd Ra91n Juan MCPhersnn
mcdded August 16, 1984, Recep:ion No. 1433281, Lane Conry McioJ Roads, in late Cowy, Oregon,
ALSOF Ut KING THEPP OM any gonion IYIP9witbn the boundaries of Comb need Na *10, j.
Ve Coatgy. Omgon.
ate✓,^^
%/
- :2!RE�C]oj�
E D �PRELIMINARY TITLE REPORTAMENDED SUPPLEMENTAL OCASCADE ESCROW October 19, 2021ByATTN: SARAH PETERSON Report No: 0326532
4750 VILLAGE PLAZA LOOP, SUITE 100 Your No: VP21-0437
EUGENE, OR 97401 Seller: BRUCE WIECHERT CUSTOM HOMES, INC.
Buyer: FAVREAU
PRELIMINARY REPORT FOR:
Owner's Standard Policy (BLDR) $T/C
PREMIUMS:
Owner's Standard Premium (BLDR) $T/C
Gov. Lien/Inspect Fee $35.00
Temporary Billing $225.00
We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of CHICAGO TITLE
INSURANCE COMPANY, in the usual form insuring the title to the land described as follows:
( A T T A C H E D)
Vestee:
BRUCE WIECHERT CUSTOM HOMES, INC.,
an Oregon Corporation
Estate: FEE SIMPLE
DATED AS OF: OCTOBER 04, 2021 at 8:00 A.M.
Schedule B of the policy(ins) to be issued will contain the following general and special
exceptions unless removed prior to issuance:
GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions):
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records;
proceedings by a public agency which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
2. Facts, rights, interests or claims which are not shown by the Public Records but which
could be ascertained by an inspection of the Land or by making inquiry of persons in
possession thereof.
3. Easements., or claims of easement, not shown by the Public Records; reservations or
exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims
or title to water.
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 WBS.AMETTE ST, 715 HWY 101 "' FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE A
EUGENE, OREGON 97401 MAILING: PO BOX 508 • FLORENCE, OREGON 97439 EUGENE, OREGON 97401
PH: (541)687 -2233 -FAX: (541)4854307 PH: (541)997-8417"FAX: (541)9978246 PH: (541)653 -8622 -FAX: (541)844-I6
/ Order He. 0326532
Page 2
r 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance
r affecting the Title that would be disclosed by an accurate and complete land survey
I(P of the Land.
5. Any lien, or right to a lien, for services, labor, material, equipment rentalor workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the
Public Records.
SPECIAL EXCEPTIONS:
6. Taxes, Account No. 0112779, Assessor's Map No. 17 02 28 3 4, #500, Code 19-00,
f 2021-2022, in the amount of $4,234.62, NOW DUE AND PAYABLE. (Parcel 1)
I Taxes, Account No. 0112787, Assessor's Map No. 17 02 28 3 4, $600, Code 19-00,
2021-2022, in the amount of $9,505.50, NOW DUE AND PAYABLE. (Parcel 2)
/ 7. Rights of the public in and to that portion lying within streets, roads and highways.
8. Subject to lateral water ditch, as disclosed in Warranty Deed, including the terms
and provisions thereof, between L. C. Pope, and Jake Henderson and Gladys Henderson,
recorded October 10, 1945, Reception No. B299 P250, Lane County Oregon Deed Records.
(Parcel i)
0 9. Non -access across Reserve Strip Parcel C of Thurston Place, as platted and recorded
June 14, 2007, Reception No. 2007-040528, Lane County Deeds and Records, at the
IV...1� Northerly terminus of 53rd Street, as set forth in Bargain and Sale Deed to the City
. o -df Springfield, recorded June 14, 2007, Reception No. 2007-040538, Lane County Deeds
11 and Records. (Parcel 2)
e'l°A'�µ
10. Settlement Agreement, including the terms and provisions thereof, dated April 26, 2021,
between Bruce Wiechert Custom Homes, Inc. and Patricia and Shon Wilson, recorded
wl� October 19, 2021, Reception No. 2021-066497, Lane County Deeds and Records.
11. Unrecorded Grant of Easement as disclosed in Settlement Agreement, including the terms
and provisions thereof, between Bruce Wiechert Custom Homes, Inc. and Patricia and
Shon Wilson, recorded October 19, 2021, Reception No. 2021-066497, Lane County Deeds
and Records.
S
12. Our examination of the 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 transaction.
NOTE: The property address as shown on the Assessor's R011 is:
5315 High Banks Road
Springfield, OR 97478
(Parcel 2)
5335 High Banks Road
Springfield, OR 97478
(Parcel 1)
NOTE: A judgment search has been made on the above named Vestee (s), and we find NONE except
as set forth above.
NOTE: As of the date hereof, there are no matters against ANTHONY FAVREAU, which would
appear as exceptions in the policy to issue, except as shown herein.
Order No. 0326532
Page 3
NOTE: According to the public record, the following deed (a) affecting the property herein
described have been recorded within 24 months of the effective date of this report:
Warranty Deed recorded January 6, 2020, Reception No. 2020-000521, Lane County Deeds
and Records. (Parcel 1)
Warranty Deed recorded December 17, 2020f Reception No. 2020-074362, Lane County
Deeds and Records.
NOTE: The premium amount has been reduced by application of a builder rate.
NOTE: This report is being amended to add new exceptions no. 10 and 11.
This report is preliminary to the issuance of a policy of title insurance and shall become
null and void unless a policy is issued and the full premium paid.
Cascade Title Co.
rh: Title Officer: DEBBIE FORSTROM
Order No. 0326532
Page 4
PROPERTY DESCRIPTION
PARCEL 1:
Beginning at the point of intersection of the South line of County Road No. 440 with the
West line of the Jesse M. Mann Donation Land Claim 74, Township 17 South, Range 2 West of
the Willamette Meridian, said point being 3652.24 feet North 0' :0' West of the Southwest
corner of said Donation Land Claim Number 74; running thence South 82° 45' East along the
South line of said road 215.73 feet; thence South V 10' East 333.4 feet; thence West 214
feet; thence North V 10' West 360.34 feet to the place of beginning in Lane County, Oregon.
PARCEL 2:
Beginning at a point in the center line of County Road, North 89* 10' West 190.1 feet from
the intersection of said center line of said County Road with the East line of the Herod
Johnson Donation Land Claim No. 62, Notification No. 7481 in Township 17 South, Range 2
West of the Willamette Meridian; and running thence South parallel with said East line 477
feet; thence East 190.1 feet; thence North 478 feet; thence West 190.1 feet to the point
of beginning, in Lane County, Oregon.
EXCEPT THEREFROM property conveyed to Orval J. McPherson and Betty J. McPherson,
husband and wife recorded June 27, 1962, Reception No. 14390, Lane County Oregon Deed
Records, in Lane County, Oregon.
ALSO EXCEPTING THEREFROM property conveyed to Michael McPherson and Kevin James
McPherson recorded August 16, 1984, Reception No. 8433281, Lane County Official
Records, in Lane County, Oregon.
ALSO EXCEPTING THEREFROM any portion lying within the boundaries of County Road No.
440, in Lane County, Oregon.
CASCADE TITLE CO.
MAP NO.
17-02-28-34
HIGH BANKS ROAD
4•onv
1 017 3i 701 t8 0:13AC 600
_.
7'a0p 0.3
.2�. 10 c N 1:i9AC 200
oMAC I OSi AC 1
6 602
aw 3700
7600 0.16AC
I_
0.1
DO 1600 t p' 1�q_ 0.17Ac
AC y0.12 AC i 0.1 10 9F! TR A
6 e,' 144. `,S • � 9 M?k• SA0663 0.1zAC .jlit
11 2000. t amPP[[0.14 Act2AC z.yi
a> e
A 12 '..,..... 4090 400
0 2 1
4 ` 47. .N TR c omS fit'
220
< 1i^ 0.13 Ac .: Q15 2T �'�i 0
-
4 •° 23116 ' ��, p' �„
ao .3900
2460' ` t 0.15 ���f OTRAITlB
0.11 AC "'� APPRO)L
-- -- — m+ 16, 2500
a2800mx
� 02.1W2 3700 3200
ii auw_ 2700 tRm
0.1A
0.1HAC _,IGR 'i 019 AC
e
is
i
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
MODHIIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
DECLARATION OF DEDICATION
Tax Map & Lot Numbers 17-02-28-34 TL 4000 (on the date of execution)
KNOW ALL BY THESE PRESENTS, that the City of Springfield, a municipal corporation of the State of
Oregon, acting by and through its City Manager authorized by its City Council, does hereby forever dedicate
the following described parcel of land to the public as a PUBLIC ROAD:
That property described in Document No. 2007-040538 recorded on June 14, 2007 in Lane
County Deeds and Records, more particularly described as follows:
Reserve Strip Tract "C of Thurston Place Subdivision, as platted and recorded June 14,
2007 Lane County Official Records, being in Springfield, Lane County, Oregon.
NOW THEREFORE, the City of Springfield declares that the above described parcel shall be dedicated to
the public by the City of Springfield as a PUBLIC ROAD.
APPROVED on OMS -9• Zko , 2021 by the City Manager of the City of
Springfield being duly authorized by the City Council to represent the City of Springfield in the above matter-
41,
LJ, 1
STATE OF OREGON
COUNTYOF LANE SS
This instrument was acknowledged before me on DCYOiSER Z6 , 20 Z/ by
NANCY NEWTON as CITY MANAGER of CITY OF SPRINGFIELD
OFfICIAL STAMP
JONATHAN LEE DRISCOLL
NOTARY PU6Lr0OREGON
COMMRWION NO. 989467
9Y ;0N9t8810N EIPM17 DLA 06,101
AFTER RECORDING RETURN TO:
ATTN: SURVEYING, JON DRISCOLL
CITY OF SPRINGFIELD
PUBLIC WORKS DEPT.
225 FIFTH ST.
SPRINGFIELD, OREGON 97477
oroeawm,.m,..
4OTAR
tl LIC OR OREGON
GRANT OF EASEMENT
+xxxxxx+++x+xxxxxxx++++xxxxxxxxxxxxxx+++++x
Pursuant
to
ORS 205.234,
the
following
information
is provided:
1. Name.
of
Transaction:
Grant of
Easement
E
3.
4.
5.
6.
Name of Parties: Grantor: Bruce Wiechert Custom
Homes Inc.
3073 Skyview lane
Eugene, OR 97405
Grantees: Patricia and Shon Wilson
1089 53`" Street
Springfield, OR 97478
Person to Whom Documents John C. Fisher
to be Returned: Attorney at Law
767 Willamette St., #302
Eugene, OR 97401
True and Actual Consideration: Other Than Money
Please Send Tax Statements To: No Change
Information Required by
ORS 205.125: N/A
xxxxxxx+x+xxxxxxxxxxxxxxxx++++xxxxxxxxxx
Page 1 - GRANT OF EASEMENT Exhibit A-1
For value received, receipt of which is hereby acknowledged,
Bruce Wiechert Custom Homes Inc., an Oregon corporation (Grantor)
hereby grants, transfers and conveys to Patricia and Shon Wilson
(Grantees) a perpetual exclusive easement to use the strip of
land described as follows:
See Exhibit "A", attached hereto
1. This easement is not personal or in gross but is appurtenant
to each and every portion of the following described
property in Lane County, Oregon, owned by Grantees:
See Exhibit "B", attached hereto
2. This easement is granted over and across property owned by
Grantor in Lane County, Oregon, described as follows:
See Exhibit "C", attached hereto
3. This grant is made upon the following terms:
3.1 Grantees shall have the right to use the easement strip
for any reasonable purpose benefiting Grantees'
property and improvements located therein.
3.2 Grantees shall maintain the easement strip. Grantor
shall have no responsibility for maintenance costs.
3.3 Grantees shall not build any new structures or
improvements in the easement strip, other than a fence.
3.4 This grant of easement shall run with the land and
shall be binding on and shall inure to the benefit of
Grantor and Grantees, their heirs, successors or
assigns.
3.5 If any suit or action shall be instituted to enforce or
interpret this agreement, the prevailing party shall be
entitled to recover from the losing party, in addition
to statutory costs, such sums as the court may adjudge
as reasonable for the prevailing party's attorney fees
in such suit or action, including appellate proceedings
and adversary proceedings in United States Bankruptcy
Court.
Page 2 - GRANT OF EASEMENT
Exhibit A-2
IN WIT ESS WHEREOF, we have executed this Grant of Easement
on this A11day of April, 2021.
GRANTOR: GRANTEES:
BRUCE WIECHERT CUSTOM
HOMES, INC. -
'Patric' on
Bruce Wiechert, President
Shon D. Wilson
STATE OF OREGON )
) as.
COUNTY OF LANE )
Personally appeared before me the
above-named Bruce Wiechert, President
of Bruce Wiechert Custom Homes Inc.,
and acknowledged the foregoing O"NAL SAMP
instrument to be his voluntary act CATNLEEN CONCEPCION CRAFTS
�,,��X NOTARY PUBLIC • OREGON
and deed on this I� '"` day of -kpa , COMMISSION NO 10011933
2021. oW011er MYCOMMISSIMEXPIRESOECEMBER70,2024
CeWA-91J e - C 1-dJ ta)
Notary Public - State of Oregon
STATE OF OREGON )
) as.
COUNTY OF LANE )
Personally appeared before me the
above-named Patricia Wilson and
Shon Wilson and acknowledged
the foregoing instrument to be
their voluntary act and deed on
this XV day of April, 2021.
Notary Public - State bf Oregon
OFFlCK STAMP
MANNAN L SALVERS
`, NOTARY PUBUG-OREGON
COMMISSION NO. 9611M
MYCOMAISSION EXPIRES DECEMBER 17, 2021
Page 3 - GRANT OF EASEMENT
Exhibit A-3
Legal Description
Located in the Southeast quarter of the Southwest quarter of Section 28, Township 17 South, Range 2
West, being a portion of lands described in that Warranty Deed recorded December 17, 2020 as
Instrument 2020-074362, Lane County Oregon Official Records and being more particularly described as
follows:
Beginning at the Southeast corner of Parcel 1 of Land Partition Plat No. 2001-P1513, recorded
November 21, 2001, Lane County Partition Plat records; Thence North 89' 48' 04" East 4.07 feet; Thence
North 00' 02' 31" West 39.24 feet; Thence North 00' 37' 07" East 32.21 feet; Thence North 01' 37' 15"
West 74.47 feet; Thence North 01' 19' 44" West 56.14 feet to the South right of way line of Highbanks
Road; Thence along said right of way line North 89' 19' 31" West 1.72 feet to a 5/8" rebar with a Yellow
Plastic Cap labeled "Roberts Surv. Inc"; Thence South 00" 11' 56" East 10.00 feet to a 5/8" rebar with a
Yellow Plastic Cap labeled "PLS 655" marking the Northeast corner of said Parcel 1; Thence along the
East line of said Parcel 1 South 00° 11' S6" East 192.07 feet to the point of beginning.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
MAY 1Z 2011.
DANIELADAM. NELSON
84832LS
RENEWAL DATE: 12131MDI
Exhibit A-4
ZXHIBIT "B'•
Parcel 1 of Land Partition Plat No. 2001-
P1513, as filed on November 20, 2001, in
Lane County Oregon Plat Records in Lane
County, Oregon.
k1WIBR_--� --
Exhibit A-5
EXCEPT THEREFROM property conveyed to Orval J. McPherson and Betty J. McPherson, husband and wife
recorded June 27, 1962, Reception No. 74390.
ALSO EXCEPTING THEREFROM property conveyed to Michael McPherson and Kevin James McPherson
recorded August 16, 1984, Reception No. 8433281.
ALSO EXCEPTING THEREFROM any portion tying within the boundaries of County Road No. 440,
EWE
Exhibit A-6