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HomeMy WebLinkAboutApplication Applicant 7/11/2024Revised 1/7/14 kl 1 of 10 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Tentative Plan Partition, Subdivision Application Type (Applicant: check one) Partition Tentative Pre-Submittal: Subdivision Tentative Pre-Submittal: Partition Tentative Submittal: Subdivision Tentative Submittal: Required Project Information (Applicant: complete this section) Applicant Name: Phone: Company: Fax: Address: Applicant’s Rep.: Phone: Company: Fax: Address: Property Owner: Phone: Company: Fax: Address: ASSESSOR'S MAP NO: TAX LOT NO(S): Property Address: Size of Property: Acres Square Feet Proposed Name of Subdivision: Description of Proposal: If you are filling in this form by hand, please attach your proposal description to this application. Existing Use: # of Lots/Parcels: Total acreage of parcels/ allowable density: Proposed # Dwell Units Signatures: Please sign and print your name and date in the appropriate box on the next page. Required Project Information (City Intake Staff: complete this section) Associated Applications: Signs: Pre-Sub Case No.: Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ Technical Fee: $ Postage Fee: $ TOTAL FEES: $ PROJECT NUMBER: Revised 1/7/14 kl 2 of 10 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner’s original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: Date: Signature Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: Signature Print Revised 1/7/14 kl 3 of 10 Land Division Tentative Application Process 1. Applicant Submits a Land Division Tentative Application for Pre-Submittal  The application must conform to the Land Division Tentative Submittal Requirements Checklist on pages 4-6 of this application packet.  A pre-submittal meeting to discuss completeness is mandatory, and pre-submittal meetings are conducted every Tuesday and Friday, from 10:00 am - noon.  Planning Division staff strives to conduct pre-submittal meetings within five to seven working days of receiving an application. 2. Applicant and the City Conduct the Pre-Submittal Meeting  The applicant, owner, and design team are strongly encouraged to attend the pre- submittal meeting.  The meeting is held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall’s office, and the Planning Division and is scheduled for 30 to 60 minutes.  The Planner provides the applicant with a Pre-Submittal Checklist specifying the items required to make the application complete if it is not already complete, and the applicant has 180 days submit a complete application to the City. 3. Applicant Submits a Complete Application, City Staff Review the Application and Issue a Decision  A complete application must conform to the Land Division Tentative Submittal Requirements Checklist on pages 4-6 of this application packet.  A Type II decision, made after public notice, but without a public hearing, unless appealed, is issued within 120 days of submittal of a complete application.  Mailed notice is provided to property owners and occupants within 300 feet of the property being reviewed and to any applicable neighborhood association. In addition, the applicant must post one sign, provided by the City, on the subject property.  There is a 14-day public comment period, starting on the date notice is mailed.  Applications are distributed to the Development Review Committee, and their comments are incorporated into a decision that addresses all applicable approval criteria and/or development standards, as well as any written comments from those given notice.  Applications may be approved, approved with conditions, or denied.  At the applicant’s request, the Planner can provide a copy of the draft land use decision prior to issuing the final land use decision.  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 but may be appealed within 15 calendar days to the Planning Commission or Hearings Official. Revised 1/7/14 kl 4 of 10 Land Division Tentative Submittal Requirements Checklist NOTE:  ALL of the following items MUST be submitted for BOTH Pre-Submittal and Submittal.  If you feel an item on the list below does not apply to your specific application, 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 Tentative Application Form Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken. Density - list the size of property (acres), maximum allowable density and the density proposed. Copy of the Deed Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances. Copy of the Land Division Plan Reduced to 8½”x 11”, which will be mailed as part of the required neighboring property notification packet. Right-of-Way Approach Permit Application provided where the property has frontage on an Oregon Department of Transportation (ODOT) facility. Three (3) Copies of the Stormwater Management System Study with Completed Stormwater Scoping Sheet Attached - The plan, supporting calculations, and documentation must be consistent with the Engineering Design Standards and Procedures Manual. Three (3) Copies of the Traffic Impact Study prepared by a Traffic Engineer in accordance with SDC 4.2-105 A.4. Traffic Impact Studies (TIS) allow the City to analyze and evaluate the traffic impacts and mitigation of a development on the City’s transportation system. In general, a TIS must explain how the traffic from a given development affects the transportation system in terms of safety, traffic operations, access and mobility, and immediate and adjoining street systems. A TIS must also address, if needed, City, metro plan and state land use and transportation policies and objectives. Four (4) Copies of the Following Plan Sets for Pre-Submittal OR Three (3) Copies of the Following Plan Sets: All of the following plans must include the scale appropriate to the area involved and sufficient to show detail of the plan and related data, north arrow, and date of preparation. All plan sets must be folded to 8½” by 11” and bound by rubber bands. a. Site Assessment of Existing Conditions Prepared by an Oregon licensed Landscape Architect or Engineer Revised 1/7/14 kl 5 of 10 Vicinity Map The name, location, and dimensions of all existing site features including buildings, curb cuts, trees, and impervious surface areas, clearly indicating what is remaining and what is being removed. For existing structures to remain, also indicate present use and required setbacks from proposed property lines. The name, location, dimensions, direction of flow and top of bank of all watercourses and required riparian setback that are shown on the Water Quality Limited Watercourse Map on file in the Development & Public Works Department The 100-year floodplain and floodway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the Wellhead Protection Areas Map on file in the Development & Public Works Department Physical features including, but not limited to trees 5” in diameter or greater when measured 4 ½ feet above the ground, significant clusters of trees and shrubs, riparian areas, wetlands and rock outcroppings Soil types and water table information as mapped and specified in the Soils Survey of Lane County. A Geotechnical Report prepared by an Engineer must be submitted concurrently if the Soils Survey indicates the proposed development area has unstable soils and/or a high water table b. Land Division Tentative Plan Prepared by an Oregon licensed Land Surveyor City boundaries, the Urban Growth Boundary, and any special service district boundaries or railroad right-of-way which cross or abut the proposed land division Location and width of all existing and proposed easements on and abutting the proposed land division Boundaries of entire area owned by the property owner, of which the proposed land division is a part, as well as dimensions and size of each parcel and the approximate dimensions of each building site indicating the top and toe of cut and fill slopes to scale Location and type of existing and proposed street lighting, including type, height, and area of illumination Location, widths, conditions, and names of all existing and proposed streets, alleys, dedications or other right-of-ways within or adjacent to the proposed land division. Proposed streets should also include approximate radius of curves and grades and relationship to any projected streets as shown on the Metro Plan, TransPlan, Conceptual Development Plan, or Conceptual Local Street Map. Location of existing and required traffic control devices, fire hydrants, power poles, transformers, neighborhood mailbox units and similar public facilities Location and dimensions of existing and proposed driveways Location of existing and proposed transit facilities Location and width of all existing and proposed sidewalks, sidewalk ramps, pedestrian access ways and bike trails Location, size and type of plantings and street trees in any required planter strip Revised 1/7/14 kl 6 of 10 Location and size of existing and proposed utilities on and adjacent to the site including sanitary sewer mains, stormwater management systems, water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points The locations of all areas to be dedicated or reserved for public use, with the purpose, condition or limitations of the reservations clearly indicated Future Development Plan where phasing or large lots/parcels are proposed as specified in SDC 5.12-120 E. c. Stormwater Management Plan Prepared by an Oregon licensed Civil Engineer Planting plan prepared by an Oregon licensed Landscape Architect where plants are proposed as part of the stormwater management system Roof drainage patterns and discharge locations Pervious and impervious area drainage patterns The size and location of stormwater management systems components, including but not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality measures; and natural drainageways to be retained Existing and proposed spot elevations and contours lines drawn at 1 foot intervals (for land with a slope over 10 percent, the contour lines may be at 5 foot intervals) Amount of proposed cut and fill Additional Materials That May be Required IT IS THE APPLICANT’S RESPONSIBILITY TO DETERMINE IF ADDITIONAL STANDARDS/APPLICATIONS APPLY TO THE PROPOSED DEVELOPMENT. THE APPLICANT SHOULD CONSIDER UTILIZING PRE-DEVELOPMENT MEETINGS AS DISCUSSED IN SDC 5.1-120: Proposed deed restrictions and a draft of any Homeowner’s Association Agreement Additional plans and documentation for submittal of a Cluster Subdivision proposal as specified in SDC 3.2-230 Riparian Area Protection Report for properties located within 150 feet of the top of bank of any Water Quality Limited Watercourses (WQLW) or within 100 feet of the top of bank of any direct tributaries of WQLW A Geotechnical Report prepared by an engineer must be submitted concurrently if there are unstable soils and/or a high water table present Where the development area is within an overlay district, address the additional standards of the overlay district If five or more trees are proposed to be removed, a Tree Felling Permit as specified in SDC 5.19-100 A wetland delineation approved by the Oregon Division of State Lands must be submitted concurrently where there is a wetland on the property Any required federal or state permit must be submitted concurrently or evidence the permit application has been submitted for review Where any grading, filling or excavating is proposed with the development, a Land and Drainage Alteration permit must be submitted prior to development Revised 1/7/14 kl 7 of 10 Where applicable, any Discretionary Use or Variance as specified in SDC 5.9-100 and 5.21-100 An Annexation application, as specified in SDC 5.7-100, where a development is proposed outside of the city limits but within the City’s urban service area and can be served by sanitary sewer All public improvements proposed to be installed and to include the approximate time of installation and method of financing EUGENE-SPRINGFIELD 310 5th Street, Springfield, OR 97477 | p: 541.746.0637 | www.branchengineering.com June 5, 2024 PROJECT NARRATIVE TENTATIVE PARTITION – ROBERT KEMP Branch Engineering Inc. Project No. 23-553 This partition is proposed for an under-developed property within the Low Density Residential (R1) Zone at 904 Filbert Lane. Located at the southwest corner of the intersection of Filbert Lane and North Street in Springfield, Oregon, the site spans approximately 15,949 square feet. This application seeks to divide the property into two parcels. The northerly parcel, Parcel 1, will retain all existing improvements in the northerly half of the property, including a home and a driveway, covering an area of 7,288 square feet. The southerly parcel, Parcel 2, which also has a driveway and is designated for future residential development, will be vacant and spans 8,661 square feet. A 20-foot-wide joint use access easement along Parcel 2’s southerly boundary will be established to provide the neighbors to the south and west joint-use ingress and egress to Filbert Lane. In accordance with the Annexation Agreement associated with the site, planned public improvements along North Street will include the construction of a new sidewalk and a roadside ditch. Existing utility services such as sanitary, stormwater, gas, water, and electric are readily accessible from Filbert Lane and/or North Street. Any future residence(s) on Parcel 2 will connect to these services. PUBLIC RECORD REPORT FOR NEW SUBDIVISION OR LAND PARTITION Public Record Report for New Subdivision or Partition (Ver. 20161024) THIS REPORT IS ISSUED BY THE ABOVE-NAMED COMPANY (“THE COMPANY”) FOR THE EXCLUSIVE USE OF THE FOLLOWING CUSTOMER: Robert Kemp Phone No.: (999)999-9999 Date Prepared:January 12, 2024 Effective Date:January 8, 2024 / 05:00 PM Charge:$300.00 Order No.:WT0258846 Reference: The information contained in this report is furnished to the Customer by Western Title & Escrow Company (the "Company") as an information service based on the records and indices maintained by the Company for the county identified below. This report is not title insurance, is not a preliminary title report for title insurance, and is not a commitment for title insurance. No examination has been made of the Company’s records, other than as specifically set forth in this report ("the Report"). Liability for any loss arising from errors and/or omissions is limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will have no greater liability by reason of this report. This report is subject to the Definitions, Conditions and Stipulations contained in it. REPORT A.The Land referred to in this report is located in the County of Lane, State of Oregon, and is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof. B.As of the Effective Date, the tax account and map references pertinent to the Land are as follows: As fully set forth on Exhibit "B" attached hereto and by this reference made a part hereof. C.As of the Effective Date and according to the Public Records, we find title to the land apparently vested in: As fully set forth on Exhibit "C" attached hereto and by this reference made a part hereof. D.As of the Effective Date and according to the Public Records, the Land is subject to the following liens and encumbrances, which are not necessarily shown in the order of priority: As fully set forth on Exhibit "D" attached hereto and by this reference made a part hereof. Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "A" (Land Description) Public Record Report for New Subdivision or Partition (Ver. 20161024) Lot 1, Block 2, H.F. FRANKLIN ADDITION, as platted and recorded in Book 14, Page 31, Lane County Oregon Plat Records, in Lane County, Oregon. Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "B" (Tax Account and Map) Public Record Report for New Subdivision or Partition (Ver. 20161024) APN/Parcel ID(s) 0564946 as well as Tax/Map ID(s) 18-02-06-14-06200 Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "C" (Vesting) Public Record Report for New Subdivision or Partition (Ver. 20161024) Robert D. Kemp Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "D" (Liens and Encumbrances) Public Record Report for New Subdivision or Partition (Ver. 20161024) 1.City Liens, if any, in favor of the City of Springfield. 2.Easements, conditions, restrictions and notes as delineated on the recorded plat. 3.Rights of the public to any portion of the Land lying within the limits of sidewalks, roads, and highways. 4.Easement(s shown below and rights incidental thereto as set forth in a document: Entitled:Public Utility and Sidewalk Easement In favor of:City of Springfield Recording Date:January 8, 1997 Recording No:1997-01647 5.Easement(s) shown below and rights incidental thereto as set forth in a document: Entitled:Sidewalk Easement In favor of:City of Springfield Recording Date:April 17, 1997 Recording No:1997-25793 6.Easement(s) shown below and rights incidental thereto as set forth in a document: Entitled:Grant of Easement and Maintenance Agreement In favor of:George Roberts Recording Date:January 25, 2001 Recording No:2001-004321 7.A deed of trust to secure an indebtedness in the amount shown below, Amount:$165,000.00 Dated:May 19, 2020 Trustor/Grantor:Robert D. Kemp Trustee:Western Title & Escrow Company Beneficiary:Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Northwest Community Credit Union Loan No.:2020009427 / MIN: 1010498-0123463269-3 Recording Date:May 19, 2020 Recording No.:2020-024947 Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "D" (Liens and Encumbrances) (continued) Public Record Report for New Subdivision or Partition (Ver. 20161024) 8.A Line of Credit deed of trust to secure an indebtedness in the amount shown below, Amount:$70,000.00 Dated:October 18, 2023 Trustor/Grantor:Robert D. Kemp Trustee:First American Title Insurance Co. Beneficiary:Cascade Community Federal Credit Union Recording Date:October 20, 2023 Recording No.:2023-030494 Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2023-2024 Amount: $1,533.49 Levy Code: 01937 Account No.: 0564946 Map No.: 18-02-06-14-06200 Please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 DEFINITIONS, CONDITIONS AND STIPULATIONS 1.Definitions. The following terms have the stated meaning when used in this report: (a)"Customer": The person or persons named or shown as the addressee of this report. (b)"Effective Date": The effective date stated in this report. (c)"Land": The land specifically described in this report and improvements affixed thereto which by law constitute real property. (d)"Public Records": Those records which by the laws of the state of Oregon impart constructive notice of matters relating to the Land. 2.Liability of Company. (a)This is not a commitment to issue title insurance and does not constitute a policy of title insurance. (b)The liability of the Company for errors or omissions in this public record report is limited to the amount of the charge paid by the Customer, provided, however, that the Company has no liability in the event of no actual loss to the Customer. (c)No costs (including without limitation attorney fees and other expenses) of defense, or prosecution of any action, is afforded to the Customer. (d)In any event, the Company assumes no liability for loss or damage by reason of the following: (1)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. (2)Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (3)Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. (4)Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey would disclose. (5)(i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights or claims or title to water. (6)Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (7)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (8)Any governmental police power not excluded by 2(d)(7) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (9)Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the Customer. 3.Report Entire Contract. Any right or action or right of action that the Customer may have or may bring against the Company arising out of the subject matter of this report must be based on the provisions of this report. No provision or condition of this report can be waived or changed except by a writing signed by an authorized officer of the Company. By accepting this form report, the Customer acknowledges and agrees that the Customer has elected to utilize this form of public record report and accepts the limitation of liability of the Company as set forth herein. 4.Charge. The charge for this report does not include supplemental reports, updates or other additional services of the Company. Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 Public Record Report for New Subdivision or Partition (Ver. 20161024) LIMITATIONS OF LIABILITY "CUSTOMER" REFERS TO THE RECIPIENT OF THIS REPORT. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY’S NEGLIGENCE IN PRODUCING, THE REQUESTED REPORT, HEREIN "THE REPORT." CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REPORT UNLESS THE COMPANY’S LIABILITY IS STRICTLY LIMITED. CUSTOMER AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS TERMS THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT: ONLY MATTERS IDENTIFIED IN THIS REPORT AS THE SUBJECT OF THE REPORT ARE WITHIN ITS SCOPE. ALL OTHER MATTERS ARE OUTSIDE THE SCOPE OF THE REPORT. CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY’S FEES, HOWEVER ALLEGED OR ARISING, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY’S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY’S TOTAL FEE FOR THE REPORT. CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE THE CUSTOMER IS PAYING, WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO THE CUSTOMER WITHOUT SAID TERM. CUSTOMER RECOGNIZES THAT THE COMPANY WOULD NOT ISSUE THE REPORT BUT FOR THIS CUSTOMER AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY’S INVOICE FOR THE REPORT. THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THE REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT’S ACCURACY, DISCLAIMS ANY WARRANTY AS TO THE REPORT, ASSUMES NO DUTIES TO CUSTOMER, DOES NOT INTEND FOR CUSTOMER TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE REPORT OR OTHERWISE. Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 Public Record Report for New Subdivision or Partition (Ver. 20161024) IF CUSTOMER (A) HAS OR WILL HAVE AN INSURABLE INTEREST IN THE SUBJECT REAL PROPERTY, (B) DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND (C) DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, THEN CUSTOMER MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCT OR SERVICE PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY. CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY’S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY’S OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES. END OF THE LIMITATIONS OF LIABILITY RECORDING REQUESTED BY FIDELITY NATIONAL TITLE COMPANY OF OREGON GRANTOR'S NAME Phyllis F. Yarborough GRANTEE'S NAME Robert D. Kemp SEND TAX STATEMENTS To: Robert D. Kemp 904 Filbert Lane Springfield, OR 97478 AFTER RECORDING RETURN TO: Robert D. Kemp 904 Filbert Lane Springfield, OR 97478 Division of Chief Deputy Clerk 2003'002836 Lane County Deeds and Records $26.00 00378312200300028360010015 01/13/2003 10;18,35 RM RPR—DEED Cnt=1 Stn=3 CASHIER 08 $5.00 $11.00 $10.00 STATUTORY WARRANTY DEED Phyllis F. Yarborough, as an Individual, Grantor, conveys and warrants to Robert D. Kemp, as an Individual, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Lane, State of Oregon, Lot 1, Block 2, of H. F. Franklin Addition, as platted and recorded on Page 31, Book 14, Lane County Oregon Plat Records, in Lane County, Oregon. Subject to and excepting: Covenants, conditions, restrictions and easements of records. THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $93,900.00 ee ORS 93.030) DATED: December 19, 2002 p{, AFTER RECORDING RETURN TO FIDELITY NATIONAL TITLE INSURANCE Phyllis F. Ya rough, by OH6Nty COMPANY OF OREGON Yarborough,POA PO BOX 10827 EUGENE, OR 97440 ✓� _,.. OFFICIAL SEAL B 3ETZ Y NOTARY PUBLIC - OREGON COMPAJSSK N NO. 346521 MY COMMISSION EXPIRES JULY 26. 2005 STATE OF OREGON COUNTY OF This instrument was acknowledged before me on FORD -3 ev 2/96) STATUTORY WARRANTY DEED - .vii IN,�1�I:i�YI FORD -3 ev 2/96) STATUTORY WARRANTY DEED