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HomeMy WebLinkAboutApplication Applicant 8/23/2024ICity of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Tentative Plan Partition, Subdivision SPRINGFIELD 1k Application Type (Applicant: check one) Partition Tentative Pre -Submittal: 0 ISubdivision Tentative Pre -Submittal: 7 Partition Tentative Submittal: ❑ Subdivision Tentative Submittal: ❑ Required Project Information (Applicant: complete this section) Applicant Name: Mike Kelley Phone: Company: Timberview Construction Fax: Address: 3025W 7th Place Eugene, OR 97402 Applicant's Re .: Scott Morris, PE Phone: 541-302-9790 Company: A & O Engineering LLC Fax: Address: 380 Q Street Suite 200 Springfield, OR 97477 Property Owner: Mike Kelley Company: Cherry Springs LLC Phone: Fax: Address: 3025 W 7th Place Eugene, OR 97402 ASSESSOR'S MAP NO: 17-02-32-41 TAX LOT NOS : 400 Pro erty Address: East side of 48th Street, north of Main Street Size of Property: 8.53 Acres ❑x Square Feet ❑ Pro osed Name of Subdivision: Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: partition to create three lots. See included documents for description of uses. Existing Use: apartments under construction on north end of site Total acreage of parcels/ 117,570 sf Proposed # # of Lots/Parcels: 3 allowable density: Dwell units Si natures: Please si n and print your name and date in the appropriate box on the nexta e. Required - complete this section) Associated Applications: Signs: Reviewed by: i 1 Pre -Sub Case No.: U Y `�[.W�4J "ate:'S 2 Case No.: Date: Reviewed by: Application Fee: ( Technical Fee: $ Postage Fee: TOTAL FEES: 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 The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: n !r Sid—nature Print Submittal Owner: Date: 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 off=ice, 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. ❑x 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 x❑ 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. ❑x Copy of the Deed ❑x Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances. ❑x 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. rJa Right -of -Way Approach Permit Application provided where the property has frontage on an Oregon Department of Transportation (ODOT) facility. 0 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. ❑x 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. ❑x 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 81/2" 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 7 ❑ 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 - n&r 66AJ O"r' ✓ ❑ 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 - {UIQ 7' 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 - vw divVq^si-- S ❑ 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) _ MiSti x ❑ Amount of proposed cut and fill - N JA- 'Z7 J ❑x 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 ki 7 of 10 Tentative Plan Pre -Submittal Application For CHERRY SPRINGS Prepared For: CHERRY SPRINGS LLC 3025 West 7th Place Eugene, OR 97402 Submittal Date: August 16th 2024 i A & O Engineering LLC INDEX WRITTEN NARRATIVE Project Summary 3 Tentative Plan Submittal Requirements 4 Tentative Plan General Approval Criteria and Findings 10 Tentative Plan Approval Criteria and Findings 12 Conclusion 14 EXHIBITS A. Zoning B. County Assessor's Map C. Preliminary Title Report ITEMS SUBMITTED SEPARATELY Application Form Application Fee Tentative Partition Drawings Cherry Springs Tentative Partition Written Narrative View of property looking northwest towards 48th Street Page 2of14 August 16, 2024 A & O Engineering LLC LPRW_Ed T SUMMARY � — Project Name: CHERRY SPRINGS Project Proposal: Tentative Partition to create 3 lots. One lot on each side of "B" Street as it extends to 48th Street through the city approved Cherry Springs Apartments and one lot fronting Main Street for future commercial development. Application Type: Type II — Tentative Partition Project Location: East side of 48th Street, north of Main Street Assessor's Map: 17-02-32-41 Tax Lot: 0400 Size: 8.53 Acres. (Gross Area Prior to Public ROW Dedications) Zoning: Mixed Use Residential (MUR) Plan Designation: Mixed Use Existing Use: Vacant Pre -Submittal Mtg Date: 6/20/2019 City No. 811-19-000123 Associated Application: Final Site Plan Review Application Number of Proposed Lots: 3 Lots Owner Cherry Springs LLC Attn: Brent Lanz 3025 West 7th Place Eugene, OR 97402 Applicant Colin Kelley Timberview Construction 3025 West 7th Place Eugene, OR 97402 colin@timberviewconst.com Engineer/Applicant Representative Scott Morris P. E A & O Engineering LLC 380 Q St Ste 200 Springfield, OR 97477 scottmorrisO-)ao-eng r. com Surveyor Brent Knapp, PLS i.e. Engineering 809 SE Pine Street Roseburg, OR 97470 knappa-ieengineering.com Cherry Springs Page 3 of 14 Tentative Partition Written Narrative August 16, 2024 A & O Engineering LLC TENTATIVE PLAN 7SUBMITTAL REQUIREMENTS � 6 Section 2 lists the application submittal requirements per the City of Springfield Development Code (SDC) and applicable City application forms. Code text is in bold italics followed by the Applicant's response. SDC 5.12-120 Tentative Plan Submittal Requirements A Tentative Plan application shall contain the elements necessary to demonstrate that the provisions of this Code are being fulfilled. A. General Requirements. 1. The Tentative Plan, including any required Future Development Plan, shall be prepared by an Oregon Licensed Professional Land Surveyor on 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. Response: The Tentative Plan was prepared by Brent Knapp, i.e. Engineering, Inc., an Oregon licensed Professional Land Surveyor. 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 Response: The Tentative Plan includes a standard scale appropriate to the size of the development site and the amount of needed detail and data. 3. A north arrow and the date the Tentative Plan was prepared. Response: The Tentative Plan includes a north arrow and the date the plan was prepared. 4. The name and address of the owner, applicant, if different, and the Land Surveyor and/or Engineer who prepared the Partition Tentative Plan. Response: The Tentative Plan includes the name and address of the owner, applicant, and Land Surveyor who prepared the plan. 5. A drawing of the boundaries of the entire area owned by the partitioner or subdivider of which the proposed land division is a part. Cherry Springs Page 4 of 14 Tentative Partition Written Narrative August 16, 2024 A & O Engineering LLC Response: The Tentative Plan includes the boundary of the subject property consisting of the current legal lot shown as Tax Lot 400 on Assessor's Map 17-02-32-41. 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. Response: There are no City boundaries, UGB, special service district boundaries or railroad right-of-way which cross or abut the proposed land division. 7. Applicable zoning districts and the Metro Plan designation of the proposed land division and of properties within 900 feet of the boundary of the subject property. Rem: The property is designated and zoned Mixed Use Residential. The zoning within 100 feet of the subject property are shown on Exhibit A - Zoning. 8. The dimensions (in 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 rill slopes to scale. Response: Final Site Plan has been completed (Case #811-21-000015-TYP2). ROW to be dedicated as part of this partition plat. The Cherry Springs Apartments Site Plan Review contains dimensions for each building on the residential portion of the subject property, and a development proposal for the lot with frontage on Main Street. The configuration of the proposed parcel 3 is shown on the included plan set. 9. The location, outline to scale and present use of all existing structures to remain on the property after platting and their required setbacks from the proposed new property lines. Response: Apartment buildings are currently being constructed on the north end of the subject site. Dimensions from the approved apartment buildings to the proposed property Fine is shown. 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. Cherry Springs Page 5 of 14 Tentative Partition Written Narrative August 16, 2024 A & O Engineering LLC Response: The Cherry Springs Apartments Final Site Plan Review contains a Site Plan and Utility Plan indicating proposed utilities and easements on the portion of the property currently under construction (Case #811-21-000015-TYP2). All existing utilities and easements are shown on Sheet C-1.0 — Existin4 Conditions Mme. 11. The locations, widths and purpose of all existing or proposed easements on and abutting the proposed land division; the location of any existing or proposed reserve strips. Response: The locations, widths, and purpose of all existing easements is shown on Sheet C-1.0 — Existing Conditions Map. 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. Response: The Partition application shows the location of the public right-of-way to be dedicated for the extension of "B" Street to 48th Street. There are no additional areas to be dedicated or reserved for public use as part of the Partition process. 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 1 -foot 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. 1. The name, location, dimensions, direction of flow and top of bank of all watercourses that are shown on the Water Quality Limited Watercourses (WQLVk) Map on file in the Development and Public Works Department; 2. The 100 -year floodplain and floodway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision; 3. The Time of Travel Zones, as specified in Section 3.3-200 and delineated on the Wellhead Protection Areas Map on We in the Development and Public Works Department; Cherry Springs Paae 6 of 14 Tentative Partition Written Narrative August 16, 2024 i CA & O Engineering LLC 4. Physical features including, but not limited to significant clusters of trees and shrubs, watercourses shown on the (WQLM Map and their riparian areas, wetlands, and rock outcroppings; 5. Soil types and water table information as mapped and specified in the Soils Survey of Lane County; and 6. Natural resource protection areas as specified in Section 4.3-117. Response: The Site Assessment includes the required information and is shown on Sheet C- 1.0 - Existing Conditions Map and was prepared by a licensed Engineer. C. A Stormwater Management Plan drawn to scale with existing contours at 1 - foot intervals and percent of slope that precisely maps and addresses the information described below. In areas where the percent of slope is 10% 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 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: 1. 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 drainageways to be retained; 4. Existing and proposed site elevations, grades and contours; and 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 be consistent with the Engineering Designs Standards and Procedures Manual to allow staff to determine if the proposed stormwater management system will accomplish its purposes. Response: A detailed Stormwater Management Plan was submitted for the residential portion of the property fronting 48th Street. The lot intended for future Cherry Springs Page 7 of 14 Tentative Partition Written Narrative August 16, 2024 A & O Engineering LLC development on Main Street is a sufficient size to allow an on-site stormwater management system. A stormwater management memorandum for parcel 3 is included with this submittal. D. A response to transportation issues complying with the provisions of this Code. 1. The locations, condition, e.g., fully improved with curb, gutter and sidewalk, AC mat, or gravel, widths and names of an existing streets, alleys, or other rights-of-way within or adjacent to the proposed land division.- 2. ivision; 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 or Springfield Comprehensive Plan, including the Springfield Transportation System Plan (including the Conceptual Street Map) and, any approved Conceptual Development Plan; 3. The locations and widths of all existing and proposed sidewalks, multi -use paths, and accessways, including the location, size and type of plantings and street trees in any required planter strip; 4. The location of existing and proposed traffic control devices, fire hydrants, power poles, transformers, neighborhood mailbox units and similar public facilities, where applicable; 5. The location and dimensions of existing and proposed driveways demonstrating conformance with lot or parcel dimensions and frontage requirements for single-family and duplex lots/parcels established in Section 3.2-215, and driveway width and separation specifications established in Section 4.2-120, where applicable; 6. The location of existing and proposed street trees, associated utilities along street frontage(s), and street lighting: including the type, height and area of illumination; 7. The location of existing and proposed transit facilities; 8. A copy of a Right-of-way Approach Permit application where the property has frontage on an Oregon Department of Transportation (OD07) facility; and Cherry Springs Page 8 of 14 Tentative Partition Written Narrative August 16, 2024 i A & O Engineering LLC 9. A Traffic Impact Study prepared by a Oregon Licensed Traffic Engineer, where necessary, as specified in Section 4.2-905A.4. Response: Information regarding the existing location and dimensions of adjacent public streets and existing transit facilities is shown on Sheet C-1.0 Existing Conditions Map. The section of Main Street adjacent to the subject property is an ODOT facility. A Right-of-way approach permit application will be submitted prior to building permit if required. A technical memo was prepared by a Licensed Traffic Engineer and submitted as part of the apartment site review. A copy of that memo is included in this submittal for reference. E. A Future Development Plan.. . Response: This Partition will create separate lots for the portion of the property planned for future commercial development fronting Main Street and the portion of the property already approved for residential development fronting 48th Street. Street connectivity was addressed during the city's review of the Cherry Springs Final Site Plan Review and will result in the extension of "B" Street from the existing terminus to 48th Street. The Cherry Springs Site Plan Review approval required public improvements and physical features in the residential portion of the subject property. A PIP permit has already been issued for the required improvements. Given the characteristics and location of the proposed new lot fronting Main Street there are a wide range of development options for the new lot. The partition approval criterion do not rely upon a specific future development plan being submitted for the lot on Main Street. However, included is a potential development plan for this parcel. F. Additional information and/or applications required at the time of Tentative Plan application submittal shall include the following items, where applicable... Response: This Partition application provides the information needed to evaluate for compliance with the approval criteria. Cherry Springs Tentative Partition Written Narrative Page 9 of 14 August 16, 2024 i A & O Engineering LLC TENTATIVE PLAN - GENERAL APPROVAL CRITERIA Section 3.0 provides the Tentative Plan — General approval criteria followed by findings demonstrating compliance. Springfield Development Code provisions are in bold italics. SDC 5.12-115 Tentative Plan — General Criteria Any residential land division shall conform to the following standards: A. The lot/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 lotstparcels be arranged: 1. To allow redivision; 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. Response: The subject property is zone MUR with the minimum lot size per SDC 3.2-215. The requested Partition will create three lots within the City of Springfield parameters. The Cherry Springs Site Plan Review addressed street connectivity and how the proposed lots can be developed consistent with the Metro Plan designation and MUR zoning (Case #811-21-000015-TYP2). The proposed area and size of the new lot with frontage on Main Street is within the parameters of the City of Springfield code for commercial development. 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. Response: The subject property currently has frontage on 48th Street and Main Street. The Partition does not create a new double frontage lot. The Cherry Springs Final Site Plan Review will result in a development that prevents motor vehicle access from Main Street to the residential development. 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, Cherry Springs Page 10 of 14 Tentative Partition Written Narrative August 16, 2024 i A & O Engineering LLC construction of necessary utilities to serve all approved panhandle lots/parcels shall occur prior to recording the Plat. Response: The Partition does not request approval for a panhandle lot so this criterion is not applicable. D. Block length for local streets. Response: In the mixed use zoning districts, the maximum block length for multi -unit is 1,400 feet. The maximum block perimeter for multi -unit development is 2,400 feet. Approval of the Cherry Springs Apartments Site Plan Review included review of historic patterns of development in the area and standards for block lengths for local streets. Cherry Springs Apartments includes the extension of "B" Street creating sufficient street connectivity between the existing low-density residential neighborhood and 48th Street. Due to the site's proximity to the signalized intersection at 48th and Main Street and the desire to control access onto Main Street, no new north -south local street is proposed as part of this Partition. Ffth�T_A PLAN APPROVAL CRITERIA Section 4.0 provides the approval criteria for reviewing the proposed application followed by findings demonstrating compliance. Springfield Development Code provisions are shown below in bold italics. SDC 5.12-125 Tentative Plan 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... A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions. Res12onse: The proposed lot sizes and dimensions meet the minimum standards for the MUR zone as further described above related to SDC 5.12-115.A. B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Cherry Springs Page 11 of 14 Tentative Partition Written Narrative August 16, 2024 A & O Engineering LLC Response: The site is zoned Mixed Use Residential (MUR) consistent with the Mixed Use designation on the Metro Plan diagram and in the East Main Street Refinement Plan. There are no proposed changes to the zoning for the site. 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 be exceeded and the public improvements shall be 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. Response: Public and private facilities have the capacity to serve the proposed new lots. Please refer to detailed utility plans for Cherry Springs Apartments Site Plan Review and the applicant's traffic memo submitted under separate cover. The utility plans for Parcel 3 potential development are part of the included plan set. D. The proposed land division shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Response: There are no new public improvements proposed. Therefore this is not applicable. Private development will follow required adopted codes. 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 3.3-900 or ORS 97.740- 760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. Response: The subject property does not contain any steep slopes or known unstable soil or geological conditions. The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, Wellhead Protection Overlay and the list of Historic Landmark Sites do not identify any known natural features or resources on the property that warrant protection. The City of Springfield Water Quality Limited Watercourse Map does not show any watercourses on the subject property.' On the west side of 48th Street the ' Water Quality Limited Watercourse map adopted by Council Ordinance 6021, 7/15/2002. Cherry Springs Page 12 of 14 Tentative Partition Written Narrative August 16, 2024 A & O Engineering LLC map indicates that the 48th Street Channel is a "Tributary to Water Quality Limited Watercourse". The map also indicates that the subject property does not contain any areas designated by FEMA as in the Floodplain or Floodway. The applicant proposes to direct stormwater runoff from the site into a series of stormwater treatment facilities prior to discharging the stormwater into the public system. The storm management facilities will function to make the stormwater discharge from the site mimic pre-existing conditions. 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. Response: The city approved Cherry Springs Apartments provides street connectivity and safe circulation routes for motor vehicles, bicyclists and pedestrians. The applicant intends to comply with ODOT access management standards for the remaining vacant lot to have access on Main Street. Parking is not required for parcel 3. Number of spaces will be shown on future site review documents. G. Development of any remainder of the property under the same ownership can be accomplished as specified in this Code. Response: The entire subject property -is owned by Cherry Springs LLC. There is no additional adjacent property under the same ownership. Following approval of the requested Partition, each new legal lot will be of a size and configuration to allow development in compliance with the Springfield Development Code. H. Adjacent land can be developed or is provided access that will allow its development as specified in this Code. Response: All adjacent land is developed. All adjacent lots have legal access and frontage on public streets. L Where the Partition of property that is outside of the city limits but within the City's urbanizable area and no concurrent annexation application is submitted, the standards specified below shall also apply... Cherry Springs Tentative Partition Written Narrative Page 13 of 14 August 16, 2024 i A & O Engineering LLC Response: The subject property is located within the city limits; thus this approval criterion is not applicable. J. Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the following approval criteria apply Response: The application does not include a request for a Subdivision of a manufactured dwelling park or mobile home park; this approval criterion is not applicable. 4.0 CONCLUSION 41910W M& t The proposed Cherry Springs Tentative Partition complies with applicable approval criteria and SDC standards. If there are questions, please contact Scott Morris at 541-302-9790 or via email at: scottmorris@ao-engr.com. Sincerely, Scott Morris Ch: rry Springs Tentative Partition Written Narrative END OF WRITTEN STATEMENT Page 14 of 14 August 16, 2024 4A09 ti ¢ I _.. _.._.._. ..T- -T -- - -y� Lp339I L07 0 NORTH 'C' STREET R g 2R• RROADWAY 0 >g _ I��� 9 gI M1q t t¢P�1D9¢93 4.79 AC. -.ell I ftL LC DATE: 0-16-24 PROJECT Nm 5399 Tentative Partition SCALE: xawz SHOWN 1:1 Cherry Springs vExz, 1: DRAWN BY: NRC Partition Plan Springfield Lane County Oregon(. � o 0A 15"m NIA 2§9„&AM PWR2 ' A� $ � �=:N go `m mF z -3 trO n co tarn �a st 'Earl � c m 5tl ^r �o ML -3 �I dz C� n CD C n ,D O St CID Tii A & 0 Engineering L.L.C. CIVD. ENGA'EEEWG 8: SITE DEVELOPNH?NT CONSULTING 3BOQST.SUITE200 SPBWGFHLD, OR 97477 PHONE: (541) 302-9790 92991,MN,n.bu SIGN O I . J y EXISTING FIRE � a Rt I BEAVER STREET I HYDRANT y I � I SD'R/W ' I 20' ROADWAY L . e �. 1 - –If TS1BEING hl PROPOSED LKS W I. CONSTRUCTED ! 1.OT 19 IF -,S N89°50'51"E 347.23' - N 9"50'34"E 347.14' .. T �'B' STREET 40 bu EXISTIN FI HYGRAN I 126' ROADWAY - — u, PARCEL2 u ~ - ?' 2.07 AC. �$ N(L r15,�P I 61,E ti °A a o � MAP 17-02-32-41 = NN -4412011W 17951' _I' Loi 1800- 989°44'20H 167.2it I I CONCEPTUAL PLAN FOR PARCEL 3_IS CHANGE MAP 17 02-32-41 2-32-41 LOT I I LMAP OT 11800 g� PARCEL3 , $ 1.23 AC XISTIN i i 17-0 -32-41 y1 7;WIDE LOT 1900 EXISTING FRE E%ISTINC LT AL HYDI7ANT I Bus STOP�®® 989'54'40"E 17931' EXI`_�TINC LTD ', f 12' OAK ..�--m,79.31' _ 20•DW � Bus STOP L N ..–. . . g _ ar am sr�r V RTli—, SPXI EED LIEE LIGHT MIT S ' SIGN SEE NOTE 5 FOR DETAILS DATE: 0-16-24 PROJECT Nm 5399 Tentative Partition SCALE: xawz SHOWN 1:1 Cherry Springs vExz, 1: DRAWN BY: NRC Partition Plan Springfield Lane County Oregon(. � o 0A 15"m NIA 2§9„&AM PWR2 ' A� $ � �=:N go `m mF z -3 trO n co tarn �a st 'Earl � c m 5tl ^r �o ML -3 �I dz C� n CD C n ,D O St CID Tii A & 0 Engineering L.L.C. CIVD. ENGA'EEEWG 8: SITE DEVELOPNH?NT CONSULTING 3BOQST.SUITE200 SPBWGFHLD, OR 97477 PHONE: (541) 302-9790 92991,MN,n.bu SITE PLAN DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 1 day of 2023 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Brent Lanz of Cherry Springs, LLC, hereinafter "Applicant," in accordance with Section 5.17-145.F and Sections 5.1-125.6, 5.1-130.13, 5.1-135.13 and 5.1-140.D of the Springfield Development Code. RECITALS WHEREAS, on the _J_ day of _ ��„ , 2022, the City approved the Final Site Plan Application (Final Plan Set made up of 30 pages total, which includes Architectural Plans (A0.1,A6.1-A6.4, Leasing Unit A6.1 -A6.3)) as submitted by the Applicant's representative, Bishow Consulting, on May 3, 2022. The Final Plan Set also includes On-site Planning Plans (P1 -P3), Civil Plans (C1-C7, SD1-SD3), and Landscape Plans (1-1-1-9) as submitted by the Applicant's representative, Bishow Consulting, on July 14, 2022, for the purpose of the following: CITY JOURNAL NUMBER 811-21-000015-TYP2 Type II Site Plan Application requesting approval to construct 17 buildings for a total of 129 new dwelling units. The proposal includes the construction of residential buildings, office, open space, stormwater management facilities, drive aisles, parking lots, and other infrastructure needed for the development. The subject property (hereinafter "Property") is located on the north side of Main Street/Hwy 126 and the east side of 481h Street in Springfield. The Property is currently vacant and not yet municipally addressed. The Property is identified as Tax Assessor's Map 17-02-32-41, Tax Lot 400. The subject site is also located in the East Main neighborhood area and a Drinking Water Protection area (20 -99 -year TOTZ for the MAIA Drinking Water Wellhead). The Property is designated and zoned Mixed Use Residential (MUR) in accordance with the adopted Springfield Zoning Map, the Metro Plan diagram, and East Main Refinement Plan diagram. WHEREAS, in consideration for Type II Site Plan approval, the issuance of Building Permits, and the issuance of Occupancy Permits, as specified in the Springfield Development Code Sections 5.17-140 and 5.17-145.F, Applicant agrees to comply with all of the standards in the Springfield Development Code (SDC) and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted in writing by the Site Plan Development Agreement, Development & Public Works Director, Planning Commission, Building Official or their agents, or the Fire Marshal. WHEREAS, Applicant agrees to comply with all conditions of the Site Plan approval 811- 21-000015-TYP2 (hereinafter the "Approval"), including implementation of construction and operation practices that conform with the Drinking Water Protection standards described in Springfield Development Code Section 3.3-235.A, and the Water Quality Protection standards described in Springfield Development Code Section 4.3-115. WHEREAS, in consideration for Final Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Sections 5.17-140 and 5.17-145.F, Applicant has agreed to comply with the specific conditions imposed by the City as part of the Site Plan approval. Page 1 of 4 NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. SITE IMPROVEMENTS. Applicant agrees to construct/install the paved driveway approaches and internal sidewalks, vegetated stormwater management facilities, parking lots, buildings, landscaping, and associated improvements as depicted on the Final Site Plan set (811-21-000015-TYP2) and approved construction plans prior to requesting final site and building inspections, and prior to issuance of Occupancy. 2. FINAL SITE PLAN. Applicant has submitted a Final Site Plan application in accordance with Section 5.17-135 of the Springfield Development Code. The Final Plan Set consists of 30 pages total (Architectural Plans (A0.1, A6.1 -A6.4, Leasing Unit A6.1 -A6.3), On-site Planning Plans (P1 -P3), Civil Plans (C1-C7, SD1-SD3), and Landscape Plans (L1 -L9)) which were submitted by Bishow Consulting, the Applicant's representative. 3. STANDARDS. Applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in the RECITALS prior to occupancy unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 4. CONDITIONS OF APPROVAL. Applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 5. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals. Modifications to the Final Site Plan must be reviewed in accordance with Section 5.17-145 of the Springfield Development Code. 6. MAINTAINING THE USE. Applicant agrees to the following: a. The parking and driving areas, landscaping and site must be maintained in accordance with the provisions of the Springfield Development Code in order to continue use. b. It must be the continuing obligation of the property owner to maintain the site landscaping and plantings required by Section 5.17-155 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. c. Undeveloped land within the development area, if any, must be maintained free of trash and stored materials and must not be used for parking. d. Parking lots must be maintained by the property owner or tenant in a condition free of litter or dust in accordance with Section 5.17-155.c of the Springfield Development Code. Deteriorated pavement conditions must be improved to maintain conformance with these standards. Page 2 of 4 7. Applicant agrees to coordinate with the City's Development & Public Works Department and obtain necessary permits prior to initiating any grading or excavation activity on the site, and prior to installing driveways or connections to public utilities. 8. In addition to all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable State Law or City Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted. 9. Applicant agrees to observe Water Quality Protection practices during construction and operation of the Property including, but not limited to, taking precautions during site construction to prevent chemical contamination of surface and groundwater resources, promptly cleaning up any spills or leaks from machinery and equipment, and avoiding construction impacts to protect drinking water quality. 10. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of this agreement. Page 3 of 4 IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. AP LICA Date Brent Lanz, ChWry Springs, LLC STATE OF OREGON, County of.-+{.px�.Q� . ___, 2022. Personally appeared the above named Brent Lanz of Cherry Spr s, LLC, who acknowledged the foregoing instrument to be their voluntary acts. Before me: OFFICIAL STAMP BEVERLY ANN PURGASON NOTARY PUBLIC -OREGON COMMISSION NO. 9002627., MFol Y COMMISSION EXPIRES AUGUST 05.2024 D to No ry Public for Oregon , My Commission expires�l9 CITY Of4Ca By: Lner STATE bF-OREGON, County of ,2 ersonally appeared the above named Melissa Carino, DPW Senior Planner, who acknowl edg d -the foregoing instrument to be his voluntary act. Before me: Notary Public46rQOregon My Commission expires_ _ Page 4 of 4 �y/} CITY OF SPRINGFIELD ✓11- By: Date Tom Sievers, Senior Planner STATE OF OREGON, County of L0�1 .t'J 2023. Personally appeared the above named Tom Sievers, DPW Senior Planner, who acknowledged the foregoing instrument to be his voluntary act. Before me: OFFICIAL STAMP :. 3MNNONLEEMOFM Notary Public for Oregon NOTARY PUBLIC - OREGON CONtMFSSIOINNO. 10=12 My Commission expires 3L 4._ _ __ I'R'C0�,1�loxfJ�IRESJAgItI1RU31,$@T OEM cAs 'ATLE - Co. PRELIMINARY TITLE REPORT CASCADE ESCROW August 22, 2024 ATTN: NADJA JUDISH Report No: 0158158 675 OAK ST, SUITE 100 EUGENE, OR 97401 r �y■Ilf��il:��i� Vestee: CHERRY SPRINGS, LLC, an Oregon Limited Liability Company Estate: FEE SIMPLE DATED AS OF: AUGUST 13, 2024 at 8:00 A.M. Schedule S of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may,result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the 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. SPECIAL EXCEPTIONS: 6. Rights of the public in and to that portion lying within streets, roads and highways. 7. Slope and storm drain easement over the South 5.0 feet to the State of Oregon, State Highway Commission, as set forth by instrument recorded May 16, 1966, Reception No. 1966-047487, Lane County Oregon Deed Records. 8. Notice of Operations and Maintenance Agreement, including the terms and provisions thereof, recorded June 21, 2022, Reception No. 2022-027147, Lane County Deeds and Records. 9. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 10. 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. 11. Deed of Trust, including the terms and provisions thereof, executed by Cherry Springs, LLC, an Oregon Limited Liability Company, Grantor, to Cascade Title, Trustee, for the benefit of Summit Bank, Beneficiary, dated January 15, 2023, recorded January 19, 2023, Reception No. 2023- 001316, Lane County Deeds and Records, to secure payment of a note for $16,617,500.00. 12. Assignment of rents due or to become due and accruing from said property, including the terms and provisions thereof, between Cherry Springs, LLC, an Oregon Limited Liability Company, and Summit Bank, dated January 15, 2023, recorded January 19, 2023, Reception No. 2023-001317, Lane County Deeds and Records. NOTE: Taxes, Account No. 0129161, Assessor's Map No. 17 02 32 4 1, #400, Code 19-00, 2023-2024, in the amount of $11,773.15, PAID IN FULL. NOTE: A judgment search has been made on the above named Vestee(s), and we find NONE except as set forth above. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE Cascade Title Co. PROPERTY DESCRIPTION Beginning at a point on the North line of the A. W. Hammitt Donation Land Claim No. 38, Township 17 South, Range 2 West of the Willamette Meridian; 346.83 feet East from the Northwest corner of said Claim; from said beginning point run East along said North line 345.83 feet; thence leaving said North line and run South 1214.66 feet to the North line of the McKenzie Highway right of way; thence North 890 44' West along said right of way line 179.31 feet; thence leaving said right of way line and run North 300.9 feet; thence West 167.52 feet to the East right of way line of County Road No. 1238; thence North along the East line of said road 912.27 feet to the place of beginning, being part of the A. W. Hammitt Donation Land Claim, in Lane County, Oregon. .tir.111 CASCADE TITLE Co. TITLE NO. 0310416 ESCROW NO. EU 1$-2675 MB TAX ACCT. NO. 0129161 MAPITAX LOT NO. 17023241#400 Lane County Clerk Lane County Deeds & Records 2020-0161311 04/01/2020 01:58:39 PM RPR -DEED Cnl=l Stn=7 CASHIER 03 3pages $15.00 $11.00 $10.00 $61.00 $97.00 GRANTOR HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY (HACSA) GRANTEE CHERRY SPRINGS, LLC 3025 W. 7TH PLACE EUGENE, OR 97402 Until a change is requested all tax statements shall be sent to the following address: ***SAME AS GRANTEE*** Atter recording return to_ CASCADE TITLE CO. 811 WILLAMETTE EUGENE, OR 97401 WARRANTY DEED STATUTORY FORM HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY (HACSA), Grantor, conveys and warrants to CHERRY SPRINGS, LLC, an Oregon Limited Liability Company, Grantee, the following described real property free of encumbrances except as specifically set forth herein: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE The true consideration for this conveyance is $1,050,000.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195,300 (Definitions for ORS 195.300 to 195.336), 195.301 (Legislative findings) AND 195.305 (Compensation far restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SEC'T'IONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2T0 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 (Definitions for ORS 92.010 to 92.192) OR 215.010 (Definitions), TO VERIFY THE APPROVED USES OF THE 'LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUI'T'S AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 (Definitions for ORS 30.930 to 30.947), AND TO INQUIRE ABOUT THF. RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300 (Definitions for QRS 195.300 to 195.336), 195.301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, C14APTER 424, OREGON LAWS 2407, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Except the following encumbrances: Covenants, Conditions, Restrictions, Easements and Rights of Way of record, if any. Dated this ?CA'F"^ day of lA�( _ _ _ , 0. HOUSING AUNTY 4rNIT]►' D COrUSERVICES AGENCY (H SA) i I'm FOX, State of Oregon County of Lane This instrument was acknowledged before me on QCT\�;() , 2020 by .JACOB FOX, EXECUTIVE DIRECTOR OF HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY (HACSA). OFFICIALSTAMP bkfAw--- ----- OMYCOMMISSIOKEXpRESAUGUST17.201 MELISSA MITCHELL (Notary ublic for Oregon) NOTARY PUBUG-OREGON My commission expires �� 17� kCOMMISSION NO.46S618 Exhibit A Beginning at a point on the North line of the A. W. Hammitt Donation Land Claim No. 38, 'township 17 South, Range 2 West of the Willamette Meridian; 346.83 feet East from the Northwest corner of said Claim; from said beginning point run East along said North line 345.83 feet; thence leaving said North line and run South 1214.66 feet to the North kine of the McKenzie Highway right of way; thence North 890 44' West along said right of way line 179.31 feet; thence leaving said right of way line and run North 300.9 feet; thence West 167.52 feet to the East right of way line of County Road No. 1238; thence North along the East line of said road 912.27 feet to the place of beginning, being part of the A. W. Hammitt Donation Land Claim, in Lane County, Oregon.