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
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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