HomeMy WebLinkAboutApplication Applicant 7/16/2024City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Tentative Plan
Partition, Subdivision
SPRINGFIELD
1k
Application Type(Applicant.-
Partition Tentative Pre -Submittal:
check one)
ISubdivision Tentative Pre -Submittal: ❑
Partition Tentative Submittal:
ISubdivision Tentative Submittal: ❑
Required(Applicant.-
(Applicant Name: Kathy Thomas
complete this section)
FPhone: 541-896-0408
(Company: Monkey Hero LLC
Fax:
Address: 42941 Leaburg Drive, Leaburg, OR 97489
(Applicant's Rep.:
Phone:
(Company:
Fax:
(Address:
Property Owner:
Phone:
(Company:
Fax:
Address:
(ASSESSOR'S MAP NO: 17-02-30-34
TAX LOT NO(S): 03501
Property Address: 1417 31st Street, Springfield
OR 97478
Size of Property: .3
Acres n Square Feet ❑
Proposed Name of Subdivision:
ASSESSOR'S MAP NO: 17-02-30-311 (TAX LOT NO(S):03501
Property Address: 1417 31st 5t_, 5pritrgfeld, OR 97478
Size of Property: ,30
Acres EZ Square Feet ❑
Proposed Name of Subdivision:
Required Project Information
Associated Applications-
(City Intake Staff.- complete this section)
Signs:
e.
Pre -Sub Case No.:
Date:
Reviewed by:
Case No.:
Date:
Reviewed by:
Application Fee: $
Technical Fee: $
Postage Fee: $
TOTAL FEES: $
1
PROJECT NUMBER:
Revised 1/7/14 kl 1 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
Owner:
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.
_ 1 Date: �J LUQ
Sign, ture
L{ Qru1ee i✓( o s S '. ; ct a o r1 S p c c 1 (J
Print
Submittal
Owner:
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.
Signature
Print
Date:
Revised 1/7/14 kl 2 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 3 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 81/2"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 8'/2" 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 4 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 1/2 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 5 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 6 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
Revised 1/7/14 kl 7 of 10
SPRINGFIELD
•SPRINGFIELD, OREGON
225 FIFTH STREET
DEVELOPMENT AND PUBLIC WORKS OREGON SPRINGFIELD, OR 97477
PHONE: 541.726.3753
FAX 541.736.1021
www.springfield-or.gov
December 6, 2013
REQUIRED STORMWATER SCOPING SHEET USE POLICY:
In October 2003, Springfield Public Works released a trial "stormwater scoping sheet," provided to help
engineers and developers meet stormwater requirements in the Springfield Development Code (SDC) and
Engineering Design Standards and Procedures Manual (EDSPM). After a five month trial period, it became
apparent that users of the scoping sheet submitted much more complete applications than non-users. An added
bonus was a decrease in the overall review time spent on the applications, resulting in quicker notice of
decisions.
As a result of the benefits of the scoping sheets, the City has decided to make their use a mandatory process.
Current city policy is that the use of stormwater scoping sheets is required for all applications which require
development review. All applications submitted to the City shall provide a copy of a completed stormwater
scoping sheet with the application packet. Attached with this letter is the latest version of the scoping sheet,
which reflects changes requested by the development community.
PLEASE NOTE: SUBMITTED APPLICATIONS WILL NOW BE REQUIRED TO SUBMIT A
COMPLETED STORMWATER SCOPING SHEET, STORMWATER STUDY AND PLANS IN
CONFORMANCE WITH THE SCOPE REQUIREMENTS
DIRECTIONS FOR USING STORMWATER SCOPING SHEETS ARE AS FOLLOWS:
1.) Obtain scoping sheet from application packet, city website, or other location.
2.) Fill out project information (top half of front sheet) prior to commencement of work on stormwater study.
(Note: Do not sign scoping sheet until it is received from the City with requirements checked.)
3.) Mail, fax, or email all pages to: City of Springfield, Development and Public Works Dept., Attn: Clayton
McEachern.
4.) Receive completed scoping sheet (filled out by the City) indicating minimum requirements for a complete
stormwater study.
5.) Include four (4) copies of complete scoping sheet (signed by engineer at the bottom of page 2), stormwater
study and plans that comply with the minimum required scope with submittal of application packet. The
scoping sheet shall be included as an attachment, inside the front cover of the stormwater study.
Stormwater scoping sheets can be found with all application packets (City website and the DPW front counter)
as well as on the Engineering and Construction Resources webpage located at: hU://www.sl2rin fig eld-
or.gov/DPW/En ing eerineandConstructionResources.htm under the Public Improvement Permit Projects Forms
section. Thank you in advance for working with the City of Springfield with this new process.
Sincerely,
Clayton McEachern, PE
City of Springfield, Development and Public Works
Email: cmceachem@springfield-or.gov
Phone: (541) 736 — 1036
Fax: (541) 736 —1021
DEVELOPMENT AND PUBLIC WORKS
SPRINGFIELD
225 FIFTH STREET
OREGON SPRINGFIELD, OR 97477
PHONE: 541.726.3753
FAX: 541.726.1021
www.springfield-or.gov
STORMWATER MANAGEMENT SYSTEM SCOPE OF WORK
---------------------------------------------- (Area below this line filled out by Applicant) --------------------------------------------------
(Please return to Clayton McEachern @ City of Springfield Development and Public Works; Fax # 736-1021, Phone # 736-1036),
email:cmceachern@springfield-or.gov
Project Name:
Applicant:
Assessors Parcel #:
Date:
Land Use(s):
Phone #:
Project Size (Acres):
Fax #:
Approx. Impervious Area:
Email:
Project Description (Include a copy of Assessor's map):
Drainage Proposal (Public connection(s), discharge location(s), etc. Attach additional sheet(s) if necessary:
Proposed Stormwater Best Management Practices:
--------------------------------- (Area below this line filled out by the City and Returned to the Applicant) ---------------------
(At a minimum, all boxes checked by the City on the front and back of this sheet shall be submitted
for an application to be complete for submittal, although other requirements may be necessary)
Drainage Study yp�EDSPM Section 4.03.2L(Note, UH maybe substituted for Rational Method)
❑ Small Site Study — (use Rational Method for calculations)
❑ Mid -Level Development Study — (use Unit Hydrograph Method for calculations)
❑ Full Drainage Development Study — (use Unit Hydrograph Method for calculations)
Environmental Considerations:
❑ Wellhead Zone:
❑ Wetland/Riparian:
❑ Soil Type:
Downstream Analysis:
❑ N/A
❑ Flow line for starting water surface elevation:
❑ Design HGL to use for starting water surface elevation:
❑ Manhole/Junction to take analysis to:
❑ Hillside Development:
❑ Floodway/Floodplain:
❑ Other Jurisdictions
Return to Clayton McEachern @ City of Springfield, email: cmceachern@springfield-or,gov, FAX. (541) 736-1021
COMPLETE STUDY ITEMS
For Official Use Only:
* Based upon the information provided on the front of this sheet, the following represents a minimum of what is needed for an
application to be complete for submittal with respect to drainage; however, this list should not be used in lieu of the Springfield
Development Code (SDC) or the City's Engineering Design Manual. Compliance with these requirements does not constitute site
approval; Additional site specific information may be required. Note: Upon scoping sheet submittal, ensure completed form has been
signed in the space provided below:
Interim Design Standards/Water Quality (EDSPM Chapter 3
Req'd
N/A
❑
❑
All non -building rooftop (NBR) impervious surfaces shall be pre-treated (e.g. multi-chambered catchbasin w/oil filtration
media) for stormwater quality. Additionally, a minimum of 50% of the NBR impervious surface shall be treated by
vegetated methods.
❑
Where required, vegetative stormwater design shall be consistent with design standards (EDSPM Section 3.02), set forth
in Chapter 2 of the Eugene Stormwater Management Manual.
❑
❑
For new NBR impervious area less than 15,000 square feet, a simplified design approach may be followed as specified
by the Eugene Stormwater Management Manual (Sec2.4.1).
If a stormwater treatment swale is proposed, submit calculations/specifications for sizing, velocity, flow, side slopes,
bottom slope, and seed mix consistent with City of Springfield or Eugene's Stormwater Management Manual.
❑
❑
Water Quality calculations as required in Section 3.03.1 of the EDSPM.
❑
❑
All building rooftop mounted equipment, or other fluid containing equipment located outside of the building, shall
be provided with secondary containment or weather resistant enclosure.
General Study
Requirements EDSPM Section 4.03
❑
❑
Drainage study prepared by a Professional Civil Engineer licensed in the state of Oregon.
❑
❑
A complete drainage study, as required in EDSPM Section 4.03.1, including a hydrological study map.
❑
❑
Calculations showing system capacity for a 2 -year storm event and overflow effects of a 25 -year storm event.
❑
❑
The time of concentration (Tc) shall be determined using a 10 minute start time for developed basins.
Review of Downstream System EDSPM Section 4.03.4.0
❑
❑
A downstream drainage analysis as described in EDSPM Section 4.03 A.C. On-site drainage shall be governed by the
Oregon Plumbing Specialty Code (OPSC).
❑ Elevations of the HGL and flow lines for both city and private systems where applicable.
❑ Design of Storm Systems (EDSPM Section 4.04).
❑ ❑ Flow lines, slopes, rim elevations, pipe type and sizes clearly indicated on the plan set.
Minimum pipe cover shall be 18 inches for reinforced pipe and 36 inches for plain concrete and plastic pipe materials, or
proper engineering calculations shall be provided when less. The cover shall be sufficient to support an 80,000 lb load
without failure of the pipe structure.
❑ ❑ Manning's "n" values for pipes shall be consistent with Table 4-1 of the EDSP. All storm pipes shall be designed to
achieve a minimum velocity of three 3 feet per second at 0.5 pipe full based on Table 4-1 as well.
Other/Miscellaneous
❑ ❑ Existing and proposed contours, located at one foot interval. Include spot elevations and site grades showing how site
drains.
❑ ❑ Private stormwater easements shall be clearly depicted on plans when private stormwater flows from one property to
another.
❑ ❑ Drywells shall not receive runoff from any surface w/o being treated by one or more BMPs, with the exception of
residential building roofs (EDSP Section 3.03.4.A). Additional provisions apply to this as required by the DEQ. Refer to
the website: hM2://www.deq.state.or.us/wq/uic/uic.htm for more information.
Detention ponds shall be designed to limit runoff to pre -development rates for the 2 through 25 -year storm events.
*This form shall be included as an attachment, inside the front cover, of the stormwater study.
*IMPORTANT, ENGINEER PLEASE READ BELOW AND SIGN!
As the engineer of record, I hereby certify the above required items are complete and included with the submitted stormwater study
and plan set. Signature Date
Form Version 5: June 2015
TENTATIVE PARTITION FOR
The Oregon Fund LP
Document Date:
Applicant's Request:
Property Owner/ Applicant
06/28/2024
Approval of 2 -Lot Tentative Partition Plan
The Oregon Fund LP
4710 Village Loop Plaza, Suite 100
Eugene, OR 97401
Surveyor: Ryan Erickson, PLS
E G R & Associates, Inc.
2535E Prairie Road
Eugene, OR 97402
Subject Property:
Location:
Property Size:
Zoning:
Comprehensive Plan:
Number of Parcels Proposed:
Size Proposed Parcel 1:
Size Proposed Parcel 2:
Assessor's Map 17-02-30-34
Tax Lot 3501
1417 31' Street
Springfield, OR 97478
0.30 acres (13,068 sq. ft.)
LDR (Low Density Residential)
Low Density Residential (per Metro Plan)
2
5,670 sq ft
5,217 sq ft (excluding panhandle)
7,117 sq ft (including panhandle)
Page 11
Revision Notes details of this partition:
1. The impervious area of the revised plans fall well below the 5000 sf which would eliminate planning
for a 25 year flood event. Information referring to planning for a 25 year flood event is struck by this
Note.
2. Both lots will access their respective utilities from the Right of Way and no easement is required for
this purpose. Information referring to utility easements is struck by this Note.
3. Each lot will have its own driveway and so no access easement will be needed. Information referring
to a common driveway and an easement for its use is struck by this Note.
4. Each home will have its own soakage trench and each driveway will have a center crown which
sheets water to native grassy soil or growing medium. Information referring to shared stormwater
facilities is struck by this Note.
5. The original plans provided by the surveyor calls for garages, shared driveways, soakage trenches,
utilities, etc. New site plans which will become part of the building permit application for these homes
are attached. When this application is submitted, the surveyor will change the current plans to match
these revised site plans.
Background
The applicant is proposing to partition one (1) .30 acre parcel into two (2) parcels, Assessor's Map & Tax Lot 17-02-30-
34-03501 (the "subject property"), is located on 315L Street near 0lympic Street. The existing parcel is vacant; there are
no existing dwellings or structures. However, the City of Springfield Planning staff approved a plan allowing the property
owner to place a manufactured home on proposed parcel 1 concurrently with this Tentative Partition Application.
Ultimately, one manufactured home is proposed to be placed on each parcel.
The subject property is located in the Springfield Low density Residential (LDR) zone which permits development of 5 to
14 dwellings per net acre. The proposed Tentative Partition Plan will develop 2 dwellings per .30 acres which meets the
density requirements (1.8 units minimum are required). All proposed development will meet the siting requirements
and criteria specified for LDR zoned single-family residences as specified in SDC Section 5.12-125.
This written statement intends to clearly demonstrate for City staff review how the proposed Tentative Partition Plan
will conform to all standards, regulations, and conditions of Land Divisions under SDC 5.12-115 Tentative Plan — General;
SDC 5.12-120 Tentative Plan Submittal Requirements; and SDC 5.12-125 Tentative Plan Criteria. The Springfield
Development Code {SDC) text sections are indicated by dark blue text, bold and/or italic typeface; Applicant's responses
are indicated by black text and plain typeface.
SDC 5.12-115 Tentative Plan --General
Any residential land division shall conform to the following standards:
A. The lar/parcel dimensions shall conform to the minimum standards of this Code. When lots/parcels are more than
double the minimum area permitted by the zoning district, the Director shall require that these lots/parcels he
arranged:
1. To allow re -division; and
2. To allow for the extension of streets to serve future lots/parcels.
3. Placement of structures on the larger lots/parcels shall be subject to approval by the Director upon a
determination that the potential maximum density of the larger lot/parcel is not impaired In order to
make this determination, the Director may require a Future Development Plan as specified in Section
5.12-120E.
Tax Lot 3501 is zoned LDR (Low Density Residential) and designated LD (Low Density Residential) on the
Metro Plan, and located on a North/South street. The proposed parcels will conform to the minimum standards as
specified for LDR (Low Density Residential) development. Neither proposed parcel will exceed the double minimum
required area for LDR single-family homes on North/South streets (5,000 sf), nor LDR single-family homes on Panhandle
Lots (4,500 sf).
Parcel 1 is proposed at 5,570 sq ft.
Parcel 2 is proposed at 5,217 sq ft (excluding panhandle); 7,117 sq ft (including panhandle).
These criteria are met.
Page 12
B. Double frontage lots/parcels shall be avoided, unless necessary to prevent access to residential development from
collector and arterial streets or to overcome specific topographic situations.
The proposed parcels will conform to the minimum standards as specified for L D R (Low Density Residential)
development. Street frontage of the proposed parcels will not exceed double the minimum required far LDR single-
family homes on No streets {60 ft} and for LDR single-family homes on a Panhandle Lot (20 ft).
St reet f ro nta ge for Parcel 1 is proposed at 60 feet.
Street frontage for Parcel 2 is proposed at 20 feet.
These criteria are met.
C. Panhandle lots/parcels shall comply with the standards specified in Sections 3.2-215 and 4.2-120A. In the case of
multiple panhandles in Subdivisions, construction of necessary utilities to serve all approved panhandle lots/parcels
shall occur prior to recording the Plat.
Complying with SOC 3.2-215 and SDC 4.2-120A, Parcels 1 and 2 will have driveway access via a shared 20'
wide easement, meeting panhandle frontage requirements as well as standard lot min/max driveway width
requirements. These criteria are met.
D. Block length for local streets is as specified in Section 4.2-105D.4.
4. Black Length and Block Perimeter.
a. Block perimeter for all street classifications must not exceed the following maximums,
except as provided or exempted elsewhere in this Code Orin an applicable Refinement Plan
or Plan District:
1,400 feet in Mixed -Use Districts consistent with standards in Sections
3.2-625E,
ii. 2,600 feet in industrial zoning districts,
iii. 2,400 feet for multi -unit development subject to Section 3.2-240A, and
iv. 1,600 feet in other zoning districts.
Response: The proposed Tentative Partition Pian utilizes an existing street network. This code section is not applicable.
Land Divisions: Tentative Plan Submittal SDC 5.32-120
A Tentative Alan application shall contain the elements necessary to demonstrate that the provisions of this Code are
being fulfilled.
EXCEPTION: In the case of Partition applications with the sole intent to donate land to a public agency, the Director,
during the Pre -Submittal Meeting, may waive any submittal requirements that can be addressed as part of a future
development application.
Page 13
A. General Requirements.
1. The Tentative Plan, including any required future Development Plan, shall be prepared by an Oregon
Licensed Professional Land Surveyor an standard sheets of 18"x 24". The services of an Oregon Licensed
Professional Engineer may also be required by the City in order to resolve utility issues (especially stormwater
management, street design and transportation issues), and site constraint and/or water quality issues.
The Tentative Subdivision Plan has been prepared by Ryan Erickson, PLS of EGR & Associates, and Eric
Favreau, P. E. of Fav reau Engineering, ensuringthis plan has adequately and comprehensively address all standards and
requirements of this Code, including stormwater management, street design, and site constraint/wate r quality issues.
2. The scale of the Tentative Plan shall be appropriate to the area involved and the amount of detail and data,
normally 1"= 50; 1"= 100; or 1" = 200'.
The scale of the Tentative Plan is 1" = 20'; which is appropriate to the size of the development site and the
amount of data needing to be shown.
3. A north arrow and the date the Tentative Plan was prepared.
A north arrow and date are included on the plans that are included with this application.
4. The name and address of the owner, applicant, if different, and the Land Surveyor and/or Engineer who
prepared the Partition Tentative Plan.
Property Owner: The Oregon Fund LP
Applicant: Monkey Hero LLC, 42941 Leaburg Drive, Leaburg, OR 97489
Land Surveyor: Ryan Erickson, PLS of EGR & Associates
Engineer: Eric Favreau, P. E.
Also see Tentative Plan drawing set.
5. A drawing of the boundaries of the entire area owned by the partitioner or sub -divider of which the
proposed land division is a part.
Athicker, black line is drawn around the subject property to easily show the area owned by the partitioner.
6. City boundaries, the Urban Growth Boundary (UGB) and any special service district boundaries or railroad
right-of-way, which cross or abut the proposed land division.
No city limit, UG 13, or railroad rights-of-way are adjacent to the subject property.
7. Applicable zoning districts and the Metro Plan designation of the proposed land division and of properties
within 100 feet of the boundary of the subject property.
The subject property is Springfield LDR (Low Density Residential) and designated L (Low Density Residential)
in the Metro Plan.
Page 14
S. The dimensions din feet) and size (either in square feet or acres) of each lot/parcel and the approximate
dimensions of each building site, where applicable, and the top and toe of cut and fill slopes to scale.
The proposed parcel sixes and dimensions of each building site are clearly labeled on the Tentative Partition
Plan drawing set.
9. The location, outline to scale and present use of all existing structures to remain an the property after
platting and their required setbacks from the proposed new property lines.
There are no existing structures on the property.
10. The location and size of existing and proposed utilities and necessary easements and dedications on and
adjacent to the site, including but not limited to sanitary sewer mains, stormwater management systems,
water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points.
All existing and proposed utilities and connection paints, and necessary easements are indicated on the
Tentative Partition Plan drawing set.
11. The locations widths and purpose of all existing orproposed easements on and abutting the proposed land
division, the location of any existing or proposed reserve strips.
All public and private proposed easements are clearly indicated on the Tentative Partition Plan drawing set.
12. The locations of all areas to be dedicated or reserved for public use, with the purpose, condition or
limitations of the reservations clearly indicated.
There are no areas being dedicated or reserved for public use. This requirement is not applicable.
B. A Site Assessment of the Entire Development Area. The Site Assessment shall be prepared by an Oregon Licensed
Landscape Architect or Engineer and drawn to scale with existing contours at lfoot intervals and percent of slope that
precisely maps and delineates the areas described below. Proposed modifications to physical features shall be clearly
indicated. The Director may waive portions of this requirement if there is a finding that the proposed development will
not have an adverse impact on physical features or water quality, either on the site or adjacent to the site.
Information required for adjacent properties may be generalized to show the connections to physical features. A Site
Assessment shall contain the following information.
The Site Assessment of the subject property was performed by Ryan Erickson, PLS, and Eric Favreau, P. E. of
Favreau Engineering, and includes all the General Requirements, Site Assessment items, and Stormwater items. See
attached Tentative Subdivision Plan drawing set.
1. The name, location, dimensions, direction of flow and top of bank of all watercourses that are shown on
the Water Quality Limited Watercourses (WLQW) Map on file in the Development Services Department,
There are no watercourses shown on the Water quality Limited Watercourses Map that encumber the
subject property; this requirement is not applicable.
Page is
2. The 100year floodplain and floodway boundaries on the site, as specified in the latest adopted FEMA
Flood Insurance Maps or FEMA approved tetter of Map Amendment or tetter of Map Revision;
The subject property is located outside of the 500 -year floodplain and floodway boundaries as indicated on
FIRM Map Number41039C1161F dated June 2, 1999; this requirement is not applicable.
3. The Time of Travel Zones, as specified in Section 3.3-200 and delineated on the Wellhead Protection Areas
Map on file in the Development Service Department;
The subject property falls within the 2 -year Time of Travel zone for Wellhead Protection.
4. Physical features including, but not limited to significant clusters of trees and shrubs, watercourses shown
on the (WLQ W) Map and their riparian areas, wetlands, and rock outcroppings;
There are no clusters of trees and shrubs, watercourses and riparian areas, wetlands, or rock outcroppings
within the boundaries of the subject property.
5. Soil types and water table information as mapped and specified in the Soils Survey of Lane County; and
The Natural Resource Conservation Service (NRCS) Web Soil Survey indicates the soil type covering the
subject property consists of one -hundred percent (100%) Malabon-urban land complex, with a depth to water table of
more than 80 inches. An infiltration test was performed by Eric Favreau, P. E. on 11/16/2021. The infiltration rate was
conservatively determined to be approximately 20" /hr. Therefore, per Mr. Favreau, for design purposes, it will be
assumed that infiltration rate will be 10"/h r.
6. Natural resource protection areas as specified in Section 4.3-117.
There are no natural resource protection areas present on the subject property.
C. A Stormwater Management Plan drawn to scale with existing contours at 2 foot intervals and percent of slope that
precisely maps and addresses the information described below. In areas where the percent of slope is 10 percent or
more, contours may be shown at 5 foot intervals. This plan shall show the stormwater management system for the
entire development area. Unless exempt by the Public Works Director, the City shall require that an Oregon licensed
Civil Engineer prepare the plan. Where plants are proposed as part of the stormwater management system, an
Oregon Licensed Landscape Architect may also be required. The plan shall include the following components:
T. Roof drainage patterns and discharge locations;
2. Pervious and impervious area drainage patterns;
3. 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 drainage -
ways to be retained;
4. Existing and proposed site elevations, grades and contours; and
Page 16
5. A stormwater management system plan with supporting calculations and documentation as required in
Section 4.3-110 shall be submitted supporting the proposed system. The plan, calculations and
documentation shall he consistent with the Engineering Designs Standards and Procedures Manual to
allow staff to determine if the proposed stormwater management system will accomplish its purposes.
Eric Favreau, P. E., has designed the stormwater management system plan utilizing two proposed soakage
trenches within the driveway, with one located on parcel one sized at 12' x 8' x 7 and one located on parcel two sized at
16' x 3' x 7', as well as two soakage trench vegetation (grassy) ribbons running lengthwise at 50' x 3' on the shared
driveway. The pian, calculations, and documentation are provided in detail on the Tentative Partition Plan drawing set as
well as separately for ease of review by city staff.
D. A Response to Transportation issues complying with the provisions of this Code.
T. The locations, condition, e.g., fully improved with curb, gutter and sidewalk, AC mat, or gravel, widths and
names of all existing streets, alleys, or other rights-of-way within or adjacent to the proposed land
division;
The subject property has frontage on 3151 Street. There is an existing 50' right-of-way on 31" St, with 35' of
paved roadway. There is no existing curb, gutter or sidewalk.
2. The locations, widths and names of all proposed streets and other rights-of-way to include the
approximate radius of curves and grades. The relationship of all proposed streets to any projected streets
as shown on the Metro Plan, including the TransPlan, any approved Conceptual Development Plan and the
latest version of the Conceptual Local Street Map;
There are no proposed streets or other rights-of-way adjacent to the subject property.
3. The locations and widths of all existing and proposed sidewalks, pedestrian trails and accessways,
including the location, size and type of plantings and street trees in any required planter strip;
There are no existing or proposed sidewalks, pedestrian trails and accessways.
4. The location of existing and proposed traffic control devices, fire hydrants, power poles, transformers,
neighborhood mailbox units and similar public facilities, where applicable;
As indicated in the'Notes' section of the Tentative Partition Plan drawing set, the nearest fire hydrant is
located approximately 242 feet north of the Northwest corner of the subject property. Power pole locations are shown.
See attached Tentative Partition Plan drawing set for further details.
5. The location and dimensions of existing and proposed driveways, where applicable;
The proposed driveway for both parcels is a 20' wide Shared Access and Utility Easement. Meeting
requirements for a 2 -lot partition with one panhandle lot, the shared driveway is 20' wide at street frontage and will
taper to the minimum required 12'. See attached Tentative Partition Plan drawing set.
Page 17
6. The location of existing and proposed street lighting: including the type, height and area of illumination;
All existing street lighting, including type and luminaire height, is indicated on the Tentative Partition plan
drawing set. No additional streetlights are proposed.
7. The location of existing and proposed transit facilities;
The nearest transit facility is located on the South side of Olympic Street west of 28th Street and served by
Lane Transit district (LTD) Route 18.
S. A copy of a Right-of-way Approach Permit application where the property has frontage on an Oregon
Department of Transportation (ODOT) facility; and
31st Street is a city street and does not have frontage on an ODOT facility.
9. A Traffic Impact Study prepared by a Traffic Engineer, where necessary, as specified in Section 4.2-105A.4.
Based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, single -family
detached houses have an average trip generation rate of 9.44 vehicles daily and .99 peak hour trips. A single-family
dwelling on each of the two parcels proposed generating 9.44 trips per parcel per day results in fewer peak hour or
average daily trips necessary for a Traffic Impact Analysis to be required.
E. A Future Development Plan. Where phasing and/or lots/parcels that are more than twice the minimum lot/parcel
sire are proposed, the Tentative Plan shalt include a Future Development Plan that:
No Future Development Plan is necessary as neither proposed parcel exceeds twice the minimum area
requirement.
F. Additional information and/or applications required at the time of Tentative Plan application submittal shall
include the following items, where applicable:
T. A brief narrative explaining the purpose of the proposed land division and the existing use of the property;
The purpose of this proposed two -parcel partition is residential use. A single-family dwelling will occupy
each new parcel. The entirety of this document serves as a written narrative explaining the purpose of the
proposed two -parcel partition and the existing use of the subject property.
2. If the applicant is not the property owner, written permission from the property owner is required;
The attached application form is signed by the property owner.
3. A Vicinity Map drawn to scale showing bus stops, streets, driveways, pedestrian connections, fire hydrants
and other transportation/ftre access issues within 200 feet of the proposed land division and all existing
Partitions or Subdivisions immediately adjacent to the proposed land division;
A vicinity map is shown on the Proposed Tentative Partition Plan drawing set.
Page 18
4. Now the Tentative Plan addresses the standards of any applicable overlay district;
There are no overlay districts applicable to the subject property.
5. Now the Tentative Plan addresses Discretionary Use criteria, where applicable;
Single-family residential is a permitted use in Springfield LDR (Low density Residential). No Discretionary Use
Permit is required.
6. A Tree Felling Permit as specified in Section 5.19-100;
No trees will be felled as a part of this application.
7. A Geotechnical Report for slopes of 15 percent or greater and as specified in Section 3.3-500, and/or if the
required Site Assessment in Section 5.1-21208. indicates the proposed development area has unstable
soils and/or high water table as specified in the Soils Survey of Lane County;
No Geotechnical Report is required as the subject property consists of slopes less than 5%. NRCS Soil
Classification maps identifythis site as having Class C Soils. Soil Type Ma la bon -Urban land complex #76. The soil is well -
draining soil ideal for urban development. The depth to water table is more than 80 inches.
See attached Infiltration Test performed by Eric Favreau, PE.
8. An Annexation application as specified in Section 5.7100 where a development is proposed outside of the
city limits but within City's urban growth boundary and can be serviced by sanitary sewer;
The subject property is located within the Springfield City limits.
9. A wetland delineation approved by the Department of State Lands shall be submitted concurrently where
there is a wetland on the property;
There are no existing wetlands on the subject property.
10. Evidence that any required Federal or State permit has been applied for or approved shall be submitted
concurrently;
No Federal or State permits are required with this Tentative Partition application.
11. All public improvements proposed to be installed and to include the approximate time of installation and
method of financing;
There are no proposed public improvements with this proposed partition application.
12. Proposed deed restrictions and a draft of a Homeowner's Association Agreement, where appropriate;
No deed restrictions or Homeowner's Associations are proposed.
Page 19
13. Cluster Subdivisions shall also address the design standards specified in Section 3.2230,
This application is for a Tentative Partition} and not a Cluster Subdivision.
14. Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the Director may
waive certain submittal requirements specified in Subsections A. through M. However, the Tentative Plan shall
address the applicable standards listed under the park Subdivision approval criteria specified in Section 5.12-
125.
This application is for a Tentative Partition and not a manufactured dwelling park or mobile home park
Subdivision.
Land Divisions SDC 5.12-125 Tentative Pian Criteria
The Director shall approve or approve with conditions a Tentative Plan application upon determining that all applicable
criteria have been satisfied. If conditions cannot be attached to satisfy the approval criteria, the Director shall deny the
application. In the case of Partitions that involve the donation of land to a public agency, the Director may waive any
approval criteria upon determining the particular criterion can be addressed as part of a future development application.
A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions.
The subject property is located on a North-South street. Proposed Parcel 1 falls under the criteria
requirements of a single-family dwelling in LAR zoning on a North/South street. Proposed Parcel 2 falls under the criteria
requirements of a single-family dwelling on a Panhandle lot. See below for specific details for each parcel.
Lot Size:
The minimum lot/parcel size for a Standard lot on a North/South is 5,000 sq ft.
The minimum lot/ parcel size for a Panhandle lot is 4,500 sq ft.
Proposed parcel 1 is a Standard North/South parcel and meets requirements at 5,670 sq ft.
Proposed parcel 2 is a Panhandle lot and meets requirements at 7,117 sq ft (including panhandle); 5,717 sq ft (excluding
panhandle).
Lot Frontage:
The minimum street frontage for tots/Parcels on a North/South street is 60 ft. The minimum street frontage required
for a panhandle parcel is 20 feet.
Proposed parcel 1 has 60 ft of street frontage.
Proposed parcel 2 has 20 ft of st reet f ro nta ge.
r . _ 110
B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Alan District
map, and Conceptual Development Plan.
The zoning of the subject property is Low -Density Residential. In the Metro Plan, this area is designated as
Low -Density Residential. The minimum density in the LDR zone is 6 units per acre and the maximum is 14. The proposed
development is 2 units per .30 acres, with the requirement being at least 1.8 units.
C. Capacity requirements of public and private facilities, including but not limited to, water and electricity;
sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not he
exceeded, and the public improvements shall he available to serve the site at the time of development, unless
otherwise provided for by this Code and other applicable regulations. The Public Works Director or a utility
provider shall determine capacity issues.
Capacity requirements of public and private facilities, street and traffic safety controls will not be exceeded. No
public improvements are proposed.
D. The proposed land division shall comply withal] applicable public and private design and construction
standards contained in this Code and other applicable regulations.
The proposed Tentative Partition Plan shall comply with all applicable public and private design and
construction standards contained in this SDC, and all applicable requirements and regulations.
E. Physical features, including, but not limited to., steep slopes with unstable soil or geologic conditions; areas
with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the WQLW Map
and their associated riparian areas; other riparian areas and wetlands specified in Section 4.3-117; rock
outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in
Section 3.3-9040 or ORS 97.740-760, 358.-905-955 and 390.235-240, shall he protected as specified in this Code
or in State or Federal law.
There are no significant physical features on the subject property.
F. Parking areas and ingress -egress points have been designed to: facilitate vehicular traffic, bicycle and
pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent
residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas;
minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations
and comply with the ODOT access management standards for State highways.
The applicant is proposing one shared driveway for both parcels fronting on 31 st Street. The shared
driveway on 31 st provides access and connectivity to all nearby areas.
r s 7 111
G Development of any remainder of the property under the same ownership can be accomplished as specified in
this Code.
The applicant acknowledges and accepts the terms under this condition.
H. Adjacent land can be developed or is provided access that will allow its development as specified in this Code.
All adjacent land is developed. This criterion is not applicable.
1. Where the Partition of property that is outside of the city limits but within the City's urbanirable area and no
concurrent annexation application is submitted, the standards specified below shall also apply.
The proposed development is within the Springfield City limits.
J. Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the following
approval criteria apply:
This tentative partition is not part of a manufactured dwelling park or mobile home park.
i`:;: •: 12
1417 31St St, SPRINGFIELD INFILTRATION RATE
November 16, 2021
SITE CHARACTERISTICS
The site is a vacant lot with mowed grass. NRCS soil classification maps identify this site as having Class C soils.
DETERMINATION OF INFILTRATION RATE
One test hole was dug onsite in the approximate location of the proposed stormwater facility. The test hole was dug
approximately 9 feet deep. Ground water was not encountered. Bar run material was encountered at approximately 8
feet deep. The infiltration rate was conservatively determined to be approximately 20"/hr. Therefore, for design purposes,
it will be assumed that infiltration rate will be 10"/hr.
FACILITY SIZING
A 1,372 square foot house previously existed on the site and this impervious area has been subtracted from the
treatment square footage. Therefore, the proposed facility has been sized the net increase in runoff and includes
treatment for two new single family dwellings and a common driveway. There currently is no formal drainage system
along 31St St. Therefore, the proposed infiltration rain garden will be sized for the 25 -year event. The attached
calculations demonstrate that this facility has been sized to meet the design requirement for the 25 -year event.
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EXPIRES 12/31/21
SUBMISSION NOTE: Of the two lots proposed, each will have a soakage trench per the attached plans.
POINT OF ACCESS
1. All soakage trenches are considered injection wells and
must be registered with the Oregon Department of
Environmental Quality as Underground Injection Control
(UIC) systems.
2. Provide protection from all vehicle traffic, equipment staging,
and foot traffic in proposed infiltration areas prior to, during,
and after construction.
3. Soakage trenches shall be designed using the presumptive
approach due to the limited soil conditions in Eugene and
the need to fully infiltrate the flood control design storm.
This detail is intended to illustrate a typical soakage trench
installation. Installation shall conform to the soakage trench
design provided by the Presumptive Method.
4. Setbacks (from center of facility):
a. 10' from foundations
b. 5' from property lines
5. Piping: Minimum 3" pipe required for up to 1,500 sq ft of
impervious area, otherwise 4" min. Piping material, slopes
and installation shall follow the Uniform Plumbing Code.
6. Silt Traps: A silt trap or other access point is required at
finished grade for inspection and maintenance access
SOAKAGE TRENCH
TYPICAL CROSS SECTION
FILTER FABRIC
L-
6" MIN.`
12" MIN
I
-'4"-2 Xt" WASHED DRAIN
ROCK
4—
12" MIN \- PERFORATED
DRAIN PIPE
CITY OF SOAKAGE TRENCH DATE 1/2/2014
SCALE NITS
EUGENE, OREGON DRAWN BY SING
Eugene DEPARTMENT OF PUBLIC WORKS TYPICAL DETAILS
ENGINEERING DIVISION
Stormwater SubSurface Filtration/Infiltration Facility Sizing Spreadsheet
24 Hour Storm, NRCS Type 1A Rainfall Distribution
City of Eugene
Version 2.1
Project Information
Project Name:
Project Address
Designer:
Company
Instructions:
1423 31st
1423 31st
Springfield, OR
Owner
Eugene Swmm
Date: 7/8/2024
Permit Number: 811-24-001691
Catchment ID: 1
1. Complete this form for each drainage catchment in the project site that is to be sized per the Presumptive Approach.
2. Provide a distinctive Catchment ID for each facility coordinated with the site basin map to correlate the appropriate
calculations with the facility.
3. The maximum drainage catchment to be modeled per the Presumptive Approach is 1 acre (43,560 SF)
4.For infiltration facilities in Class A or B soils where no infiltration testing has been perfromed use an infiltration rate of C
Maximum design
Choose "Yes" from the dropdown boxes below next to the design standards requirements for this facility.
Pollution Reduction (PR)
Yes
'Soakage trenches draining commerical parking lots require pre-treatment to meet pollutior
Flow Control (FC)
Yes
Design Storm
Destination (DT)
Yes
'An infiltration facility must be chosen as the facility type to meet destination requirements
Site Data -Post Development
Total Square Footage Impervious Area= 1333 sqft Total Square Footage Pervious Area=
Impervious Area CN= 98 Pervious Area CN=
Total Square Footage of Drainage Area=1333 sft Time of Concentration Post Development=
Weighted Average CN= 98
Site Data -Pre Development (Data in this section is only used if Flow Control is required)
Pre -Development CN= 85 Time of Concentration Pre -Development=
Soil Data
Tested Soil Infiltration Rate= 20 in/hr (see Note 4) Destination Design=
Design Soil Infiltration Rate=1 20 in/hr Soil Infiltration Rate
Design Storms Used For Calculations
Requirement Rainfall Depth
Design Storm
Pollution Reduction 1.4 inches
Water Quality
Flow Control 3.6 inches
Flood Control
Destination 3.6 inches
Flood Control
Facility Data
Facility Type= Soakage Trench Facility Surface Area=
Surface Width= 6 ft Facility Surface Perimeter=
Surface Length= 9 ft Basin Volume=
Properties
Effective
Layer 1
Layer 2
Layer 3
Layer 4
Facility Percent Storage Depth
Material Depth (in) Voids (in)
Drainage Rock, Layer 1 36.0 17% 6.1
0.0
0.0
0.0
Totals= 36.0 in 6.1 in
Pollution Reduction-Calculation Results
Peak Flow Rate to Stormwater Facility = 0.010 cfs Peak Facility Overflow Rate=
Total Runoff Volume to Stormwater
Facility = 131 cf Total Overflow Volume=
Max. Eff. Depth of Stormwater in Facility= 0.0 in
Drawdown Time= 0.2 hours
Yes Facility Sizing Meets Pollution Reduction Standards?
YESMeets Requirement of No Facility Flooding?
YES IMeets Requirement for Maximum of 18 Hour Drawdown Time?
Flow Control-Calculation Results
Peak Flow Rate to Stormwater Facility = 0.029 cfs Peak Facility Overflow Rate=
Total Runoff Volume to Stormwater
Facility = 373 cf Total Overflow Volume=
Peak Off -Site Flow Rate
Max. Eff. Depth of Stormwater in Facility= 0.7 in Filtration Facility Underdrain=
Drawdown Time=1 0.2 hours
Pre-Development Runoff Data
Peak Flow Rate = 0.016 cfs
Total Runoff Volume = 234 cf
Yes Facility Sizing Meets Flow Control Standards?
YES Meets Requirement for Post Development offsite flow less or equal to Pre-Devi
YES Meets Requirement for Maximum of 18 Hour Drawdown Time?
Destination-Calculation Results
Peak Flow Rate to Stormwater Facility = 0.029 cfs Peak Facility Overflow Rate=
Total Runoff Volume to Stormwater
Facility = 373 cf Total Overflow Volume=
Max. Eff. Depth of Stormwater in Facility= 4.9 in
Drawdown Time= 0.2 hours
Yes Facility Sizing Meets Destination Standards?
YES Meets Requirement of No Facility Flooding?
YES Meets Requirement for Maximum of 30 hour Drawdown Time?
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RSITE PLAN
Map & Tax Lot
1423 31st Street
Fleetwood Eagle
3bd 2ba 1333sf 56" x 28'
Lot Coverage: 29%
Scale 1 if = 20'
Existing 6" sewer
Lateral to be double
WYE'ed to provide 4"
laterals to 1427 and
1423 31 st Street.
New water & electric lines
Landing 30" high, 3
Steps, 36"x36"
163'-0"
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Landing 30" high, 3
Steps, 36"x36" 91-0"
IAo, z°°AreE A32
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95'-0"
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76'-0"
12' wide driveway with a 1 % grade to the edges, sheeting to Driveway lengthened
center grass for filtration/treatment. If required by Fire, the street beyond the handle to
side will be widened to accommodate a fire truck. accommate parking. It
too will sheet
stormwater.
0
I
r-
6'x9'x3' Soakage
Trench
1 % slant in driveway
will sheet stormwater to
this area of grass for
treatment/filtraction..
Stormwater Line
Win Title
CASCfabE
TITLE
CO.
INVOICE
PRECISION CAPITAL
4710 VILLAGE PLAZA LOOP, SUITE 100
EUGENE, OR 97401
ATTN: LORENA TEER
PAGE
OUR NO: 0343805
YOUR NO:
DATE: 06/28/2024
OFFICER: KURT BEATY
SELLER: BASH RESIDENTIAL LLC
BUYER: PRECISION CAPITAL
Description Policy Amount Premium Amount
05/23/24 Owner's Standard 656,850.00 1,189.00
REISSUE RATE
05/23/24 Gov. Lien/Inspect Fee
05/23/24 Non -Merger Deed 2024-01660
05/23/24 E -Recording Fee
35.00
102.00
5.00
Grand Total 1,331.00
PLEASE SHOW OUR NUMBER ON YOUR REMITTANCE
675 Oak St, Suite 100 ♦ Eugene, Oregon 97401
Phone: (541) 687-2233 ♦ Pax: (541) 485-0307 ♦ email: info@cascadetitle.com
* * OWNER'S POLICY OF TITLE INSURANCE
f f� Policy Number OXOR-12438968
* l
,f Issued by Old Republic National 'title Insurance Company
This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this
policy or any endorsement to this policy is issued electronically or lacks any signature.
Any notice of claim and any other notice or statement in writing required to be given to the Company under
this policy must be given to the Company at the address shown in Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,
AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the 'Company"),
insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or
damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. The Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance
against loss from:
a, a defect in the Title caused by:
i, forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
ii. the failure of a person or Entity to have authorized a transfer or conveyance;
iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed,
acknowledged, notarized (including by remote online notarization), or delivered;
iv. a failure to perform those acts necessary to create a document by electronic means
authorized by law;
V. a document executed under a falsified, expired, or otherwise invalid power of attorney,
vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure
to have performed those acts by electronic means authorized by law,
vii, a defective judicial or administrative proceeding; or
viii. the repudiation of an electronic signature by a person that executed a document because the
electronic signature on the document was not valid under applicable electronic transactions
law,
b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or
payable, but unpaid.
C. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line
overlap, or encroachment (including an encroachment of an improvement across the boundary lines of
the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line
overlap, or encroachment would have been disclosed by an accurate and complete land title survey of
the Land.
3. Unmarketable Title.
4. No right of access to and from the Land,
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to
building and zoning), but only to the extent of the violation or enforcement described by the enforcing
governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating
to:
a. the occupancy, use, or enjoyment of the Land;
b. the character, dimensions, or location of an improvement on the Land,
C. the subdivision of the Land; or
d. environmental remediation or protection on the Land.
6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the
extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice.
7. An exercise of the power of eminent domain, but only to the extent:
a. of the exercise described in an Enforcement Notice; or
b. the taking occurred and is binding on a purchaser for value without Knowledge.
8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement
Notice.
9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court
order providing an alternative remedy:
a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the
Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior
transfer constituted a:
i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy,
state insolvency, or similar state or federal creditors' rights law; or
ii. voidable transfer under the Uniform Voidable Transactions Act, or
b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar state or federal creditors' rights law by reason of the failure:
I. to timely record the instrument vesting the Title in the Public Records after execution arid
delivery of the instrument to the Insured; or
ii, of the recording of the instrument vesting the Title in the Public Records to impart notice of its
existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that
has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of
Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records,
DEFENSE OF COVERED CLAIMS
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against
by this policy, but only to the extent provided in the Conditions.
Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Cascade Title Company A corporation
675 Oak St, Suite 100 400 Second Avenue South, Minneapolis, Minnesota 55401
Eugene, OR 97401 (612) 371-1111
541-687-2233
Attest ",4 SKrviary
Authorized Officer or Licensed Agent
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Fonn (or any derivative thereof) is restricted to ALTA licensees and At, I members in good standing as of the date cruse. AM ERI CAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. Ind IiTTLE
AssouArinv
TRANS SI INF.
TYPE IND IND CODE CODE CODE CODE CODE. CODE REISSUE AMOUNT
ORDER NO. POLICY NUMBER DATE OF POLICY AMOUNT PREMIUM
0343805 OXOR-12438968 JUNE 17, 2024 at 10:43 A.M. $656,850.00 $1,189.00
OWNERS POLICY IIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII:
SCHEDULE A
Order No.: 0393805 Policy No.: OXOR-12438968
Amount of Insurance: $656,850.00 Premium: $1,189.00
Date of Policy: JUNE 17, 2024 at 10:43 A.M.
_. The Insured is:
THE OREGON FUND, LP
2. The estate or interest in the Land insured by this policy is:
FEE SIMPLE
3. The Title -a vested in:
THE OREGON FUND, LP
4. The land referred to in this Policy is described on the attached Schedule "C" and
made a part hereof.
5. This policy incorporates by reference the endorsements designated below, adopted by
the Oregon Title Insurance Rating Organization as of the Date of the Policy: NONE
Page No. 2
Policy No.: OXOR-12436968
Order No. 0343805
Policy No. OXOR-12438968
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and
unenforceable by law. This policy treats any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated,
removed, and not republished or recirculated. Only the remaining provisions of the
document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs,
attorneys' fees, or expenses resulting from the terms and conditions of any lease or
easement identified in Schedule A, and the following matters:
1. Taxes or assessments which are not shown as existing liens by the records of any
taxing authority that levies tares 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 Maims which .re not shown by the Public Records bu,-
which could be ascertained by an inspection of the Land or by making inquiry of
persons in possession. thereof.
1. 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.
G. Any encroachment (of existing improvements located on the subject ].and onto
adjoining land or of existing imorovements 'located on adjoining land onto the
subject land;, encumbrance, vio-ation, variation,
or adverse circumstance affectit:a
the title that would be disclosed by an accurate and complete land survey of the
subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or
workers compensation heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
6. City liens, if any, as levied by the City of Springfield, for which no search was
made.
Easement to enlarge or extend canal as set forth i.n deed, including the terms anc
provisions thereof, from Eugene -Springfield Land and water Company, an Oregon
corporation, to A. 0. Bush and Angela Bush, recorded June 22, 1939, Reception No.
B198 P484, Lane County Oregon Deed Records, and burdens to pay for water imposed
thereby.
Page No. 3 Order No. 0343805
Policy No. OXOR-12438968
8. Deed of Trust, including the terms and provisions thereof, executed by Bash
Residential, LLC, Grantor, to Dean S. Kaufman, Attorney at Law, Trustee, for the
benefit of PacWest Funding Inc. dba Precision Capital, Beneficiary, dated July 9,
2019, recorded July 17, 2019, Reception No. 2019-029678, Lane County Deeds and
Records, to secure payment of a note in the amount of $142,100.00.
The beneficial interest under said Deed of Trust was duly assigned of record
to PC0619AJ Joint Venture, by assignment recorded September 11, 2019, Reception No.
2019-039536, Lane County Deeds and Records.
The beneficial interest under said Deed of Trust was duly assigned of record
to PC0619AJ Joint Venture, by assignment recorded June 8, 2020, Reception No. 2020-
028701, Lane County Deeds and Records.
9. Deed of Trust, including the terms and provisions thereof, executed by Bash
Residential, LLC, Grantor, to Fidelity National Title, Trustee, for the benefit of
PacWest Funding Inc. dba Precision Capital, Beneficiary, dated January 11, 2020,
recorded July 2, 2021, Reception No. 2021-044189, Lane County Deeds and Records, no
secure payment of a note in the amount of $400,000.00.
The beneficial interest under said Deed of Trust was duly assigned of record
to Pao One Fund, LP, by assignment recorded July 7, 2021, Reception No. 2021-
045198, Lane County Deeds and Records.
10. Deed of Trust, including the terns and provisions thereof, executed by Bash
Residential, LLC, Grantor, to Fidelity National Title, Trustee, for the benefit of
PacWest Funding Inc. dba Precision Capital, Beneficiary, dated April 25, 2022,
recorded April 29, 2022, Reception No. 2022-019582, Lane County Deeds and Records,
to secure payment of a note in the amount of $656,850.00.
The beneficial interest under said Deed of Trust was duly assigned of record
to The Oregon Fund, LP, by assignment recorded May 24, 2022, Reception No. 2022-
023221, Lane County Deeds and Records.
END OF SCHEDULE B
Page V. 4 Order No. 0343805
Policy No. OXOR-12438968
SCHEDULE "C"
The land referred to in the Policy is described as follows:
The west 162.0 feet of the following: Lot 3, Block 3, FIRST ADDITION TO ADAMS
PLAT, as platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records,
in Lane County, Oregon.
MAP NO.
17-02-30-34
1700
3300
0.59 AC
5001
----------
2
3400 3401
5100
1900
3
3
3501 3500
5201
03 AC 0.14 AC
5200
2000
4
3600
4
W3601
W5300
5301
ui
21015
3700 3701
co
5401
5400
61 1 2-
2200 m 3800 3801 cn 6
Er55(01
3 5500
7 It:
THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
that restricts, regulates, prohibits, or relates to:
I. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
IV. environmental remediation or protection,
b. any governmental forfeiture, police, regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered
Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date
the Insured Claimant became an Insured under this policy;
C. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the
coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the
Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of
Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law,
that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
C. preferential transfer:
I. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a
transfer made as a contemporaneous exchange for new value, or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered
Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority
that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage
provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement
to the Land.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this form (crony derivative thereof) is restricted to AL I A licensees and ALFA members in good standing as of the date of use. AMERICAN
All other uses are prohibited, Reprinted under license from the American Land Title Association. LAND 11 EU
Assodenn1
CONDITIONS
1. DEFINITION OF TERMS
In this policy, the following terms have the meanings given to them below. Any defined term includes both the
singular and the plural, as the context requires:
a. "Affiliate': An Entity:
that is wholly owned by the Insured;
ii. that wholly owns the Insured; or
iii. if that Entity and the Insured are both wholly owned by the same person or entity.
b. "Amount of Insurance': The Amount of Insurance stated in Schedule A, as may be increased by
Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this
policy.
c. "Date of Policy": The Date of Policy stated in Schedule A.
d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable
under applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
e. "Enforcement Notice': A document recorded in the Public Records that describes any part of the Land
and:
i. is issued by a governmental agency that identifies a violation or enforcement of a law,
ordinance, permit, or governmental regulation;
ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies
the exercise of a governmental power, or
iii. asserts a right to enforce a PACA-PSA Trust.
"Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to
own title to real property in the State where the Land is located.
g. "Insured":
(a). The Insured named in Item 1 of Schedule A;
(b). the successor to the Title of an Insured by operation of law as distinguished from
purchase, including heirs, devisees, survivors, personal representatives, or next of
kin,
(c). the successor to the Title of an Insured resulting from dissolution, merger,
consolidation, distribution, or reorganization;
(d). the successor to the Title of an Insured resulting from its conversion to another kind of
Entity; or
(e). the grantee of an Insured under a deed or other instrument transferring the Title, if the
grantee is:
(1) an Affiliate;
(2) a trustee or beneficiary of a trust created by a written instrument established
for estate planning purposes by an Insured,
(3) a spouse who receives the Title because of a dissolution of marriage;
(4) a transferee by a transfer effective on the death of an Insured as authorized
by law, or
(5) another Insured named in Item 1 of Schedule A.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereoft is restricted to Al.. rA licensees and ALTA members in good standing as of the date of use. AM raIcAN
All other uses are prohibited. Reprinted under license from the American Land rifle Association 1AN11 T" `E
'n
The Company reserves all rights and defenses as to any successor or grantee that the
Company would have had against any predecessor Insured.
h. "Insured Claimant": An Insured claiming loss or damage arising under this policy.
"Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by
the Public Records.
"Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date
of Policy that by State law constitute real property. The term "Land" does not include any property
beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting
street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit
the extent that a right of access to and from the Land is insured by this policy.
k. "Mortgage': A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
"PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal
Packers and Stockyards Act or a similar State or federal law.
M. "Public Records": The recording or filing system established under State statutes in effect at the Date
of Policy under which a document must be recorded or filed to impart constructive notice of matters
relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not
include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
"State": The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico,
the U.S. Virgin Islands, and Guam.
o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A.
p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a
prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF COVERAGE
This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured:
a. retains an estate or interest in the Land;
b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or
C. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title.
Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the
Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is
not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured must notify the Company promptly in writing if the Insured has Knowledge of:
a. any litigation or other matter for which the Company may be liable under this policy; or
b. any rejection of the Title as Unmarketable Title.
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All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE P P 7mcienon
If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under this policy is reduced to the extent of the prejudice.
4. PROOF OF LOSS
The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter
insured against by this policy that constitutes the basis of loss or damage and must state, to the extent possible,
the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at
its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in which
any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to
only those stated causes of action alleging matters insured against by this policy. The Company has the
right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those covered causes of action. The Company is not liable for and will not pay
the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the
Insured in the defense of any cause of action that alleges matters not insured against by this policy.
b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute
and prosecute any action or proceeding or to do any other act that, in its opinion, may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The
Company may take any appropriate action under the terms of this policy, whether or not it is liable to the
Insured. The Company's exercise of these rights is not an admission of liability or waiver of any provision
of this policy. If the Company exercises its rights under Condition 5.b., it must do so diligently.
C. When the Company brings an action or asserts a defense as required or permitted by this policy, the
Company may pursue the litigation to a final determination by a court having jurisdiction. The Company
reserves the right, in its sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this
purpose.
When requested by the Company, the Insured, at the Company's expense, must give the Company all
reasonable aid in:
securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement; and
ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish
the Title or any other matter, as insured.
If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the
Company's liability and obligations to the Insured under this policy terminate, including any obligation to
defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation.
The Company may reasonably require the Insured Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for examination, inspection, and copying, at
such reasonable times and places as may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the
Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant must grant its permission, in writing, for any
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prohibited. Reprinted under license from the American Land Title Association. u— "o n' it
All other uses are
P P nvmun'noa
authorized representative of the Company to examine, inspect, and copy all the records in the custody or
control of a third party that reasonably pertain to the loss or damage. No information designated in writing
as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later
disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the
administration of the claim or required by law. Any failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information, or grant permission to secure
reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by law,
terminates any liability of the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company has the following additional options:
a. To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option provided for in Condition 7.a., the Company's liability and
obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or
continue any litigation.
b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant
To pay or otherwise settle with parties other than the Insured for or in the name of the Insured
Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay, or
ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this
policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability
and obligations to the Insured under this policy for the claimed loss or damage terminate, including any
obligation to defend, prosecute, or continue any litigation.
8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an
Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This
policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other
representation of the status of the Title. All claims asserted under this policy are based in contract and are
restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence
or negligent misrepresentation arising from or in connection with this policy or the determination of the
insurability of the Title.
a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of
the Amount of Insurance; or
the difference between the fair market value of the Title, as insured, and the fair market value of the
Title subject to the matter insured against by this policy.
b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is
calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other
matter insured against by this policy.
C. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this
policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of
Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii.
d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Torn (or any derivative thereol) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN
All other uses arerohibited. Reprinted under license from the American Land "title Association. `' 1 I'll
P p W,10e11.1
insured:
the Amount of Insurance will be increased by 15%; and
ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the
dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action,
proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim
required by Condition 3 is received by the Company as the date for calculating the fair market value
of the Title in Condition 8.a.ii.
e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will
also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7.
9. LIMITATION OF LIABILITY
a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured
if the Company accomplishes any of the following in a reasonable manner:
removes the alleged defect, lien, encumbrance, adverse claim, or other matter;
cures the lack of a right of access to and from the Land, or
cures the claim of Unmarketable Title,
all as insured. The Company may do so by any method, including litigation and the completion of any
appeals.
b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the
Company or with the Company's consent, until a State or federal court having jurisdiction makes a final,
non -appealable determination adverse to the Title.
C. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured
in settling any claim or suit without the prior written consent of the Company.
d. The Company is not liable for the content of the Transaction Identification Data, if any.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the
Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a
Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title,
and the amount so paid will be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company
will pay the loss or damage within 30 days.
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT
If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and
remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that
the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but
limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to
the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of
the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to .ALI A licensees and ALTA members in good standing as of the date of use. nmrnicnn
All other uses arerohibited. Reprinted under license front the American Land Title Association. '='--"-"'
P P Aenu1inrnoe
defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss.
C. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, insurance
policy, or bond, despite any provision in those instruments that addresses recovery or subrogation rights.
14. POLICY ENTIRE CONTRACT
a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy will be
construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic
means authorized by law.
b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent
any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term
or provision of the endorsement controls. Unless the endorsement expressly states, it does not:
L modify any prior endorsement,
ii. extend the Date of Policy,
iii. insure against loss or damage exceeding the Amount of Insurance, or
iv. increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law,
this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will
remain in full force and effect.
16. CHOICE OF LAW AND CHOICE OF FORUM
a. Choice of Law
The Company has underwritten the risks covered by this policy and determined the premium charged in
reliance upon the State law affecting interests in real property and the State law applicable to the
interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is
located.
The State law of the State where the Land is located, or to the extent it controls, federal law, will determine
the validity of claims against the Title and the interpretation and enforcement of the terms of this policy,
without regard to conflicts of law principles to determine the applicable law.
b. Choice of Forum
Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
State or federal court having jurisdiction.
17. NOTICES
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-
1111.
18. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS POLICY, ANY BREACH OFA POLICY
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE
TRANSACTION GIVING RISE TO THIS POLICY, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO
PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS,
REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING,
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Fonn (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. 1—A-11,' 'it
111f 11ATI(1N
Produced using RLID (www.rlid.org) on 07/02/2024 at 8:17 AM
Produced using RLID (www.rlid.org) on 07/02/2024 at 8:17 AM
Produced using RLID (www.rlid.org) on 07/02/2024 at 8:17 AM
Produced using RLID (www.rlid.org) on 07/02/2024 at 8:17 AM