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Home My WebLink AboutApplication APPLICANT 8/6/2008 .... -" .1' _ ~ >'-' City of Sprrngfleld Development Services Department 225 Fifth Street Sprrngfleld, OR 97477 Non-Conforming Use - Expansion/Modification , Applicant Name: Kellev Greq LLC Company: Phone: (360) 751-9539 Fax: Address: 900 North 7th Street, Kelso, WA 98626 , IAPPllcant's Rep.: Icompanv: IAddress: , I Property Owner: !companv: IAddress: , I Scott Morns Olson & Morns I Phone: IFax: (541) 302-9790 (541) 485-3253 380 0 Street, Ste 200 SDrrnqfleld, OR 97477 Same as ApDllcant Phone: ,Fax: Property Address: No Address Asslqned ITAX LOT NOeS): 800 ~5 t{IS1' Jf2u:r ASSESSOR'S MAP NO: 17-02-32-32 Size of Property: 3 69 Acres ~ Sauare Feet 0 , I Description of If you are filling In this form by hand, please attach your proposal deSCription to thiS application Proposal: Remove eXlstlnq RV parklnq spaces and replace with mobile home spaces EXisting Use: Mobile Home & RV Park Si natures: Please slqn and rrnt your name and date In the aD . -I., ..... ' 'I"'" 'n~'Jj.1d._I;:~.. Associated Applications: Icase No.: n<~WOR- 00058--- I Date: 'Blh.! oB IAPPllcatlon Fee: $ '39tB --- ITechnlcal Fee: $' \q l, yO Ipostaae Fee: $IIoOttll ITOTAL FEES: $ ~ ~ -=rq, 6rO I PROJECT NUMBER: I '<l - Signs: I Reviewed by: LD Date Received A!JS - 6 2008 O _.....}~ q 1 ngm...l.,)l.!_lll1.L...:..J ReVised 1/1/08 Molly Markarian 1 of 4 T~~l Signatures Applicant: Owner: :1;J"jji:;Z:"'"....'~.:~e~;;:-1~ \So.. v=\ -N\cx. v\.~u- Print .. 'i If the applicant IS not the owner, the owner hereby g. c.. ~~~-~ SiSJri'ature :- \ C6}::!\...-- -L ~ Pi '" ~n'V' \\\,v-\~ prfnt RevIsed 1/1/08 Molly Markanan Ion for the applicant to act 10 his/her behalf ~itte: gJ~/ (J9 Q",-,- \-..J~ ~".~J \l ""'~, "" ~S Il\~ u.-~\r Lv ( Date Received: "ll , I C AUG - 6 2008 Original Submittal 2 of 4 (,'\ " ..I.J. '\ . Non-Conformmg Use - Expansion/Modification Submittal Requirements Checklist NOTE If you feel an Item does not apply, please state the reason why and attach the explanation to this form ~ Submitted Concurrently with Site Plan ReView or Minimum Development Standards applications, where applicable ~ Application Fee - refer to the Deve/opment Code Fee Schedule for the approprrate fee calculation formula A copy of the fee schedule IS available at the Development Services Department The applicable application, technology, and postage fees are collected at the time of complete application submittal ~ Non-Conforming Use - Expansion/Modification Application Form ~ Copy of the Deed ~ Copy of a Prelimmary Title Report Issued Within the past 30 days documenting ownership and listing all encumbrances ~ Proof of Non-Conforming Use Status - prOVISion of Items listed In SDC 5 8-115 ~ Narrative - explaining the proposal and any additional information that may have a bearrng In determining the action to be taken, Including findings demonstrating compliance With the Non-Conforming Use ExpanSion or Modification Crrterra descrrbed In SDC 5 8-125 NOTE Before the Director can approve a Non-Conforming Use - Expansion/Modification request, Information submitted by the applicant must adequately support the request All of the Non-Conforming Use ExpanSion or Modification Crrterra must be addressed by the applicant Incomplete applications, as well as Insufficient or unclear data, will delay the application review process and may result In denial ReVised 1/1/08 Molly Markarian 4 of 4 225 FIfth Street Sprmgfield, Oregon 97477 541-726-3759 Phone r~ Itli: Job/Journal Number DRC2008-00052 DRC2008-00052 DRC2008-00052 Payments Type of Payment Check cRecelOtl RECEIPT # 2200800000000001201 Description CTY Non-Conform Use Exp/Mod + 5% Technology Fee Postage Fee Type II - $160 r v of Sprmgfield OffiCIal ReceIpt uevelopment ServIces Department PublIc Works Department Date. 08/06/2008 Item Total Lheck Number AuthonLatlOn Received By Batch Number Number How Received Id 1087 In Person Payment Total Paid By BART R MARTINEAU Date Received AUG - 6 2008 Ongmal Submittal Page I of I 11 22 24AM Amount Due 3,828 00 19140 t6000 $4,17940 Amount Paid $4,17940 $4,17940 " , 8/6/2008 ~J J r OF SPRIN6J1J.eLD VICIr,JJ 1. MAP .J.:n..k008-00052 225 41st Street bJ I J!, Map 17-02-32-32 Tax Lot 800 North + MAl . -LJJ Date Received: AUG - 6 2008 Original SUbmittal. F OILSON & M\ORRIS A dIvIsion of L BOlson & Associates, Inc Consulting Engineers Land Surveyors Urban Planners 380 Q Street SUite 200 Sprrngfleld, Oregon 97477 (541) 302-9790 Fax (541) 485-3253 olson and morns com Park Lane MobIle Home Park Expansion of Non-Conforming Use Owner / AoolIcant Kelley - Greg LLC 900 North 7''' Street Kelso W A 98626 AoolIcants Reoresentatlve Olson & Morns Attn Scott Morns PE 380 Q Street, Ste 200 Springfield OR 97477 Date Received AUG - 6 2008 Onglnal Submittal ProlCCt Overview The Par" Lane MobIle Home Par" IS currently a (,Omblnatlon mobIle home and recreatIOnal vehicle (rv) park located at 4 I 51 Street and A Street 111 Spnngfield Oregon There are currently 46 mobIle home spaces, one stick bUilt resIdence and 36 rv spaces located on approximately 3 7 acres The park has been In perpetual operation since It was constructed more thdn ] 5 years ago The par" has transferred ownership many tImes 111 the past 15 years and the applicant currently has a contrdct to purchase the park As part of the purchase, the applicant IS In the process ofsecunng HOUSing and Urban Development (HUD) money to complete a remodel to a section of the park The mall1 emphaSIS of the remodel IS the replace dll of the eXisting TV spaces and the eXIsting stick buIlt residence With 20 new mobile home spaces ThIS work will Include II1stallIng a new paved road to serve these spaces, new samtary sewer serVIce, and new pnvate utilities (SUB and Comcast) The work wlIl also Include makll1g somc safety Improvements to the park to allow better emergency vehicle access and to meet current (,Odes for hydrant spacing The plan also lI1c1udes adding some Intenor parking spaces to keep cars from parking on the Intenor roadways IIghtll1g and some additional land~cape The stonn drainage system will also be Improved With a blO-swale being Installed along the new road to Improve water quality of the discharge from the mobIle home park A small playground ared IS also proposed Within the pdrk to allow the resIdents a safe place for the chIldren to play and the parents to gather wIth theIr neighbors The current configuration of the park IS that the temporary rv spaces are at the main entrance to the park By replaCing the temporary rv parking spaces WIth mobIle home spaces there will be more pnde of ownership wlthll1 the park, and wIll bc a cleaned up appearance Tins will be a benefit to the eXlstll1g park residents as well as the . neighborhood m general The curb appeal wtll be dramatIcally changed by the proposal to mstall a new fence around the pen meter of the park The other major curb appeal Item IS that the owner wtll be replacmg the eXlstmg overhead electncal services m the rv area wIth underground servIce to the new mobtle home spaces We feel the proposed nnprovements wtll be a big Improvement to the neighborhood and Spnngfield m general This type of project fits perfectly mto the Spnngfield Devclopment Code (SDC) cntena for an expanSIOn to a non conformmg use m residentIal zones Below IS a specific diScussIon relatmg to each Item lIsted m SDC 5 8-145 Exoanslon / ModIficatIon shall not lessen the resIdentIal character The eXlstmg development surroundmg the site IS multi famtly and commercIal development There IS a largc townhouse development on the west side of 41 51 Street that runs the length of the proJcct and IS zoned medIUm density resIdentIal To the north IS vacant land across CommercIal Street that IS zoned lIght medIUm mdustnal To the east and south IS land (some currently developed, some vacant) that IS zoned commul1Jty commercial The replacement of the temporary rv spaces With mobIle home spaces will Improve the reSidentIal character of the neIghborhood BUlldmll. Scale Placement and Facade The proposed change to the park WIll faCIlItate the IIlstallatlon of smgle level mobtle home Ul1Jts This IS consistent for resldenllal development, and wtll not be out of character With the neighborhood The placcment Will also be m a manner to onent the Ul1Jts to the mtenor of the park With a new pen meter fence around the property On-sIte Parkmll. Placement The current park configuratJon has no specified on site park mg. except one space for each Ul1Jt Theretorc any addlllonal vehIcles or VI:'ltOIS have no othcr place to park than adjaccnt to the Ul1Jts This causes a congested roadway which results m poor access for emergency vehicles and safety Issues With pedestnans and bIcycles The proposed remodelmcludes mstallmg 18 parkmg spaces spread throughout the park This wtll greatly Improve the parkmg wlthm the park and allevIate some of the cunent problem We have also Widened the connectJon to the north portion of the park to 20 feet for cmergency vehicle access and added a small playground to proVIde chtldren a safe place to play Imoact of VehIcle Tnos to the Site on Adlacent Streets Date ReceIved AUG - 6 2008 Ongmal Submittal < . Thc plan IS to reducc the number of dwclhng umts from 36 rv ,paces, to 20 mobIle home space, The average daily tnps from a smgle dwelhng IS approximately 10 Therefore the adjacent strcets should have less impact as the number of daIly tnps may be reduced by approximately 160 tnps per day Buffermll and the Potential Loss of Pnvacv for Abuttmll ResidentIal Uses The only abuttmg resIdentIal uses are the townhouses on the west sIde 01 41 ,( Street They currently have a view of the temporary rv parkmg spaces WIth no screenmg or fencmg ThiS proposal mcludes onentmg the new mobIle home umts to the mtenor of the park and mstallmg a new penmeter fence ThiS WI II create a buffel and partial screen for the eXlstmg townhomes that does not currently eXist On SIte LIllhtmll There are currently a few hghts m the park scattered that are not provldmg adcquate hghtmg for safety and secunty The proposal is to mstall 6 new pnvate hghts that will provide better vlsiblhty at mght The lights are shielded and placed so they wIll not shed hght on any of the abuttmg properties ThIS wIll provide better secunty m the park and help reduce some of the current problems withm the park Summarv The proposed Improvements to thiS park will be a major upgrade to the current faCility ThiS will help fulfill Spnngfield s goal of beautlfymg eXistmg run down areas and proVide a safer and more livable environment for the reSidents We feel that the proposed modificatIOn meets dll of the code reqUirements and should be approved by the City of Spnngfield Approval from the City of Spnngfield IS necessary to finahze the HUD fundmg for these Improvements, which are mtended to be mstalled m Fall 2008 Date Received' AUG - 6 2008 Onglnal Submittal 11;1'" ~, '( '\M"'''I ~ '~+ THIS SPACE RESERVED FOR RECORDER'S USE After recording retum to Kelley-Greg, LLC Until a change IS requested all tax statements shall be sent to the following address Kelley-Greg, LLC File No 7191-1206199 (CGF) Date August 04, 2008 STATUTORY WARRANTY DEED M & M Land & Cattle Company, LLC, Grantor, conveys and warrants to Kelley-Greg, LLC , Grantee, the follOWing descrrbed real property free of hens and encumbrances, except as specifically set forth herein See Legal DescrrptJon attached hereto as Exhibit A and by thiS reference lI1Corporated herein Subject to. 1 Fiscal year real property taxes, a lien not yet payable 2 Covenants, conditions, . =u MoDns and/or easements, If any, affecting title, whICh may appear In the public record, .ncludlng those shown on any recorded plat or survey The true consideration for thiS conveyance IS $1,710,000.00 (He... corrply Wlth requ""ments of ORS 93 030) Date Received AUG - 6 2008 Onglnal Submittal Page 1 of 3 ...;-. ",I APN 0118644 Statutory Warranty Deed - conbnued Rle No 7191-1206199 (CGF) Dale 08/04/2008 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE llTLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195300, 195301 AND 195305 TO 195- 336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007 THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE llTLE TO THE PROPERTY SHOULD GiECK 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 92010 OR 215010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195 300, 195 301 AND 195 305 TO 195-336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007 Dated thiS day of .20_ M & M Land & Cattle Company, LLC , rt's member STATE OF Oregon ) )ss ) County of Lane This Instrument was acknowledged before me on thiS _ day of by . member of M & M Land & Cattle Company, LLC ,20_ Notary Public for Oregon My commiSSion expires Date Received AUG - 6 2008 Ongmal Submittal Page 2 of 3 . . , .,' APN 0118644 Statub:lry Warranty Dee::j - contmued file No 7191-1206199 (CGF) Date 08/04/2008 EXHIBIT A LEGAL DESCRIPTION PARCEL I BEGINNING AT THE SOUTHEAST CORNER OF THE LUCINDA COMEGYS DONATION lAND ClAIM NO 81, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE W1LLAMETTE MERIDIAN, THENCE SOUTH 890 50 1/2' WEST 632 1 FEET ALONG THE SOUTH liNE OF SAID DONATION lAND ClAIM, THENCE SOUTH 000 02' EAST 852 50 FEET TO THE TRUE POINT OF BEGINNING, RUNNING THENCE SOUTH 000 02' EAST 444 0 FEET, THENCE SOUTH 890 44 1/2' EAST 653 2 FEET ALONG A liNE PARALLEL TO THE CENTERliNE OF THE MCKENZIE HIGHWAY TO THE SOUTHWESTERLY MARGIN OF COMMERCIAL BOULEVARD, THENCE NORTH 41045' WEST 597 56 FEET ALONG THE SOUTHWESTERLY MARGIN OF COMMERCIAL BOULEVARD, THENCE NORTH 89044 1/2' WEST 25558 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON PARCEL II BEGINNING AT THE SOUTHEAST CORNER OF THE LUCINDA COMEGYS DONATION LAND ClAIM NO 81, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, THENCE SOUTH 890 50' 30" WEST 632 10 FEET ALONG THE SOUTH liNE OF SAID DONATION lAND UAlM TO A POINT, THENCE SOUTH 00 02' 00" EAST 852 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 890 44' 30" EAST 25558 FEET TO A POINT ON THE SOUTHERLY liNE OF COMMERCIAL BOULEVARD, THENCE NORTH 410 45' WEST 217 77 FEET ALONG THE SOUTHERLY UNE OF COMMERCIAL BOULEVARD TO A POINT, THENCE SOUTH 480 15' WEST 148 06 FEET TO A POINT, THENCE SOUTH 00 02' 00" EAST 62 73 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON Date Received' AU6 - 6 2008 Original Submittal Page 3 of 3 I " . I ,... :-' d u ~ 1= c ~ :z III a: t!J - .....,,1It-....._..;:,.....;o ~ ~ ~ :z "J!}:. -' 1 a: #,~.... ..!:-\~)...-~'::., ~ co: - ~ - , , - . ." . .. ""'~r r, .. , . , -/-~ ., ) ~ /~ !..r~"',;&/: ~ 7 -,;2 - ~-1' !lIVe -'1'157 H=C '37' ;"} ... /7 -QI -,3;2. - ~ -..2.. . ~ Afte. RecordiDg Return 10: Until a Change IS Reqnested, Mall AD Tu Statements to: P Scott McCleery nnchanged Doyle, Gartland, Nelson, McCleery &. Wade, P C 44 Club Road, Swte 200 Eugene, OR 97401 MEMORANDUM OF LEASE (wIlh purchase option) By an mstnJmenlm wntmg dated July 1,2002, M&M Land &. Cattle Company, LLC (Landlord), bas leased 10 Kelley-Greg, LLC (Tenant), WIth the gnml of an ophon 10 purchase, the fOUoWlDg descnbed r""r-'; (See .tt""h"Cl Exlubrt A) TaxAecowrtNo 9117651 ThIs memorandum IS ~~--J to evIdence and confirm !be lease and opl1on to pun:hase . .r....J to above LANDWRD~' _ &r-("'l'r~- ~ Arnaud l!euueuOD \ By Name Tide If..." MarlluillrtlAnlAud MPnn"'""Ann :&~~~ PAGE 1- MEMORANDUM OF LEASE D'Ylalan of Chief hpul., Clwk 'IM't _'" ...... Caunlv -...... __ ~_I~ ~I "11I~~!!~,!~IUlUJ"IUllm $3& 00 IlPR LEllS Cftbl Sln=3 cJM~ 03.52 03 PI! . ~~n 00 110 00 IU 00 - .- .:;- ~ .. Date Received AUG - 6 2008 ~ Onglnal SubmlttRI . .. , , . - , .il, ELT.37833 Page 1 of! Legal Descnpl10n PARCEL 1 - ~--- BeIl1!!!!U'8 at the Southeast earner of the Luemda Con-egy'. Donallon Land CI..m No 81, ~;~;w;;;t~ibe'willamclte Mcndw1, thence South 89" 50' 30" West ~2iOfeetr.r.mgthC SoUlh bne of SOld Donallon l.sJuJ CIaun to . pomt; thence South 0" 02' 00. East 852 50 feet to tho True POID! ofBeguuung, thence South 89" 44' 30' East 2S5 58 feet to a poml on the Soo1borly !me of Commomal BouJevanI, thcnco North 41" 45' Wesl 217 n feel along the Southerly line ofCommon:W BoulevanllO a polO!, thence South 48" 15' West 148 06 feet to. pom!, thence SoUlb 0" 02' 00' East 62.73 feel to the True POIDI of BeglDDlDg, In Lane County, Oregon --T-\")~_ ..,..~c..,..~ ,--'" .-- - . j ~:'7Jt.;... _~ -1..I.::I>-::....a , , > " PARCEL 11 ....,.."'1"_ ~g.!!.. ~ Southeast comer of tho LUCInda Comogy'. Donallon Land Claun No 81. ~.., .r-~- '~. --="'::~2*~>Wiu';""nc Mcndtan, thence South 89" 50 1/2 ""O>l 632 1 ;.+. ..""'....".,""'....."...,.,~.... - feet ong the Uib lIDO of SOld Donallon Land Claun, thcnco South 00" 02' East 852 50 foct to tho True POIDIOfBcgmnmg, nuuung thence South 00" 02' East 444 0 feet. thence South ll9" 44 112' East 653 2 feet along a lIDO parallel to tho centerbne of the McKOIIZ1e HIghway 10 the Soutbwcstorly margm of Coll1DlCrelal Boulevard, thence Nonh 41" 45' West 597 56 feel along the Southwosterly margm ofCoIl1DlCrelal Boulevard, thcnco Nonh 89" 44 112' West 255 58 fool to tho True Poml ofBogmmng, In Lane COWlty, Oregoa .. ...~~.. ";' . , > > Date Received AUG - 6 2008 Onglnal Submittal .' ~ "" \>I WPl'CO 203461 11o-77~0l INDMDUAL BARGAIN AND SAIf r 127322/17 02 32 32 CA..,vO tt' 118644/17 02 31 14 04100 ,r/ 118651/17 02 31 14 04200 -. .. II' , Division of OIlef Deputy Cl...k Lene Count~ Deeds utd ..,.da wnM~lm~!tm!mlll~~ 1m IV18/2003 D2 3J'54 PIl RPR-lIEED ental Sln06 CASHIER 08 810 00 8U 00 SID 00 2003-121078 $31.00 ELIZABETH lot MENNES$(XII, p~ REPRESENTATIVE OF '!'HE ESTATE OF ARNAUD B r-!I~nTEI'c::'O""'N AND KENNETH MAR(;UARDl' , GronIo< """"')"10 M. & PI LAND & CATTLE cntPANY, LLC tho IoIIowmg do.a;bed ...1 """""'" ,duaIod m "'""" Lane County Oregon Gnmtee SEE EXHIBIT II A" A'l'TACBED HE:RETO AND MADE A PART fIEREDF BY 'IBIS l\c.r ~ ThetroeconSlderal1onForthcs ... ',.".' Iil-S None "1HIS IN5l1lUMENTWDl NOT AIHJW USE OF lHE ,._,~." n<<nImm IN lHIS INSTRUMENT IN VIOIAlION Of AI'PUCAIIE lAND USE LAWS AND REGUlATIONS. _ SIGNING OS AIXEPIING 1I8S 1N5l1IIIMENI', lHE PEIISON AtQIDING FEf 1II\f 10 THE.. ,....~". 5HOUID om:x WITH lHE APPIIOPIIIAlE CITY OR COUNTY PlANNING DEl'AIl1MENT 10 VEIIFY A, , ".'" USES AND 10 DflERMlNE lINt UMIIS ON LAWSUIIS AGAINST F_ OS fOREST PIlAC11CE5 AS DEFINED IN OIlS 30 930' 00Ied 1:.._..:-. --.E. 2003. ~ f\.~\\A ~CM!l" ~ M Mennesson, Pers Rap 1. . Ad' 4lfrt4'ArZ::: ~udLO~ D~l :I Received. A;I~ -' 2008 "JJ . Onglnal : ,ubmlttal STATE OF 0REGCliI ~,,-,,,,,,,,,,~,,~.,'II."'" I 'I..... I. TAIIA~~IIIIlEV : .GlARY PU8UC - OAUiOIl ~ Cf)I, '..._,,~ NO a478a ~ ".... l...-sa",.' '-::.-- --~.__."'__~"'I-I"~ } }.. County of r .\I\JEI' I T1uslnstrumentwasod.. . \!~!~~rneon L..._~..~.......J~, 2QCl3 ELIZABETH M. MmNES.SC'N, P~ REPRE.SENrATnti Vi i1:U;; ~i'ATE OF ARNAUD B l'1J:1<NESSOO AND KmNE'lli MARQUARDT by t:::!2(//n{A 1.IJ.#/YI,n / / _ 'Y PubI~ ru.o...... ~ My ctlnUTlT$SIClO GllpIrft 8-15-2005 . Unhl a chOI'lgl! tS requested olllox.-. , , shafI be 5BIt 10 the foBow,ng address .&I..~~ M & LAND & CATTLE Cl:A\lPANY, LLC, C/O. DAN B NEAL 1361 PEARL STRllI'lr, EllGEllE, OR 97401 After ~Ing nmn to Western Pioneer TiJ!e Co POBox 10146 Eugene Oregon 97A..tO L (' ; -. , ~ Our No 203481~RD EXHIBIT A" PAACEL I Be9~nn~ng at the Southeast corner of the Luc~nda Comegys DonatIon Land Cla~m No 81 TownshlP 17 South Range 2 West of the Wlllamette Merldlan thence South 890 SO 1/2' West 632 1 fee~ along the South lIne of saId Donatlon Land Cla~m thence South 000 02' East 852 SO feet to the true pOlot of beg~nnln9 runnIng thence South 000 02' East 444 0 feet thence South 890 44 1/2 East 653 2 feet along a llne parallel to the centerlIne of the McKenzIe HIghway to the Southwesterly margIn of Commercial Boulevard ehence North 410 45 West 597 56 feet along the Southwesterly margIn of Commercial Boulevard thence North e90 44 1/2' West 255 58 feet to the true pOInt of begInnIng 1n Lane Countj Oregon PARCEL I I 8~91nnlng at the Southeast corner of the LUCInda Comegys DonatIon Land Clalm No 81 Townshlp 17 South Range 2 ~est of the Wlllamette Merldlan thence South 89050 30' ~est 632 10 feet along the South line of saId DonatIon Land claIm to a point the1ce South 00 02 00" East 852 So feet to the true pOInt of beglnnlng thence South 890 44 ]0" East 255 58 feet to a poInt on t~e Southe~ly I1ne of Commerc~al Boulevard thence North 410 4S West 217 77 feet along the Southerly llne of CommercIal Boulevard to a poInt thence South 480 15 West 148 06 feet to a pOInt thence South 00 02 OO~ East 62 73 fe~t to the true pOInt of beglnnlng 1n Lane County Oregon . Date Received. AUG - 6 2008 Original Submittal J ~ 'i,J ~'-'(~I . 4 -1-99 \ @. ~1ide Ins~ce COmpany of 0 . -';". ~;1/11. 0\ '- 99029396 ( f.>/, I ~'1P ASSIGNMENT OF REAL ESTATE ....",ACT AND DEED (Individual or C " .' . " Jon) 'lOEERr J C.FIOl >>:D t1l\.'lY '= ClEIC, Grantor cIo88 hereby grant. bargain, sell and convey to ARi'W.'D lo';ENNES.s<:r-. A.\'D -<EJ\1NETH "!A.rn..MDT Granlee the followmg described real p~y and tne Grantor 8 I(llorest In thaz cenaln Real Estate Contract enlered IMO on the -L- day of '1arch 191!2- b9twsen EVn.YN AUn'r,...t-"'YlF'~t ;oc::.:dt"n"IPr'J i-n F\wr.VfL.A[~ ("1C.1N' deceasec) an::! orwA. J YCL'r G .asS.r an,,1 ROBERT J GlF.rol Ml:> 'IIIh....q'{ :-'WUD"r' r;r J"'.Tn-I 'i1.-o>>Jt(.Ul 'Y~ Purc~50 10f the sale of rea! es1a1e d8SCf1bed 8S ATl'I\CHFD !.!!!/'Wl'R.Ol'l1uu.mc.I. 10 00 !lliAPll.Ol '991lO2PFLtlD ]0 O(l ~~.Ol 'mow T FlH) 20 00 ~ ~ ~ ~ ~ Grantor does hereby covensn! that there IS now unpaid on the pnnc;spaJ Qf S8ld contract the sum oJ ~ 1l'P kr":TlJ?rn TY'\t-~] <jHJf(C;/\l'r' .~....:~ ".;'oon'Plm ~-'"'" ">T1o"~ .w.........95/''''' ($ 214 279 99 ) ::; The trl'e conSlderaUcn for IhlS conveyance IS $ '1'" '7'" 00 (Here comply WLth the reqwrements of OAS 93 030) ~ "this lnalrumel'd will not a1bw U$V of the propeny dncribed In Uus mstrument m Yiotabon of appll8:ble land use laws and regulallOn& Before 8.gnrng Of 8CC&pbng thIS Instrument the person aqulMg fee tllle 10 the property should check with the epproprlal8 chy or county planning departmenl to ~ity "r~'" .... uses" OatedlhEsdavof"Ja.ral 1922- ItaootpOfBtegrantot ithucauseollsname 10 be signed bl' OrGsr of Its board of dlrectotS Aj."j:JJ f'0A~ R:Klert J ;flQicr TriE :?RED. GRA.....'l'EES :00 ASSL."\lE }.l.'D /CREE 'IO PN:l ~T CERrAIN ~~ ([' SALE I gecorc.ea. '1a.rch 6, 1985, neel 1339r, r.ecectl.on C5 07782, asslg'1Erl bv Vendor "~rcp 16. 1939. ~l 1563D, p.ccepuon NO B9 114.d8 2 . i 7:?7"""" 71Z-~ 0."",~ 'iafy "'..arlerc GIQ~ch STATE OF OREGON Co..inlyol -.a..c lss >larch:')\ .. 99 F'f~llPP8llrea'hGIIbO'~narMCI Fd:lert J ~ G1eJ.Cl'~ a.."'d ~'.ary ~\drlem Glel.ch STA,TE OF OREGON CounIy ot ,,, " -- ... who boII'IgcMytvoOrq oachlortmlseb 11M l'IC)I oMlor lheOltler tidnylhatlr.tonne. ISrhe the ple$IdlNII Mdth.lt!tlau.r "the SKflllclry 01 the 8COtpOrlllOfl andlhillSiJdulSlrur1'liln< WU SlSl'*' In o.haII 01 &aid corpotatlon by ~nty Of II. boafd 01 cIu'KIor8a"cI.acholthllm~AI(IIRlltrYmenl:lObelbllolun- I.." oe1 end dew ......- m.tfument to be al'l(lacktlowl~th8loregolllQ volunl.ary aa an~ 0Hd t..'ley ~ -.- ~,,Jy-t '0-_ /' NO! Public lor ar.gOfl ~:::~ ml~..,,"es il~~-"~~ F%.~~':;' '1 JOTAA'YPufJt..I:.CIIIDI ",,""1~.!3{ <VIer r8COf(kJg IIIMn 10 ~\:.-,~~..:~ -.~ ~ I-;;,-ru (Y1\)hil. '"-... _..Jr~r -.'r f"... {d.:.. ~~eT ~am8 Address lip Until a change It; tflquesrll<l all tb IlllI.m8t'ltS &hall be selll to lhe 101. _C:. [1Iu~,-\ No&ary Public bt Oregon My c~..,.. Date Received AUG - 6 2008 ~U'~ L~ '521.::/ Onglnal Submittal I'Wne Addre5$ lip Slock No OAI.-4oII1ICT (~ 3-68, Ii . ; . 4 - I - 9,9 '. "1534 9902939& ELT-J0131 PROPtRTY PA.GF; 1 or PARCEL Beginning at the Sou~hea5t corner of the Lucinda Comegys Donat1on Land Claim No 81 ?ownship 11 South, Range 2 West of the Willamette Heridian thence South 89' 59 30ft West 632 10 teet along the South line of said Donation Land Claim to a pOlot, thence South 0' 02 00M East 852 50 fet to the True POlot of Beginning, thence South 8gG 44 30- Sase 255 58 t&et to a point on the Southerly line of Commerclal Boulevard thence North 41' 45 West 211 77 feet along the Southerly line of Coamerclal Boulevard to a point thence South 48" 15 West 148 06 feet to a point thence South 0 02 00R East 62 73 feet to the True Point ot Beginning. in Lane County Oregon PARCEL II Beginning at the Southeas~ corner of the Lucinda Co.e9Y'~ Donation Land Clalm No Sl, Township 11 South. Range 2 West W1Llaaette Merid1an, thence South 89. 50 1/2 West 632 1 feet alonq the South llne of 5a~d Donation Land Clai~. thence South 00" 02 &ast 852 50 feet to the True POlot of Beginning running thence South 00' 02 East 444 0 feet. thence South 89 44 1/2 East 653 2 f@et along a Ilne parallel to the centerline of the McKenzie H~ghway to th~ Southwesterly margin of Cammerclal Bo~l~vard th~nc~ Nortb 41. 45 ~~st 591 56 feet along thp 5outhw~st4rlf mar~ln of Conm~rclal BQ~l~vard, thence Horth 69 i4 L/2 ~~S~ 2S5 ~~ t~Dr ~? th4 Tr~D PQint of Bpglnning, 1n Lane -... ~~ C :~-=~." Stiilte of OregWl County or l...ane _ $S I the Cou"IyClo.ril,..n arod fOf' th,sad CeunlY do he'ebj 3I"l fy rhOI '~....lh.n InSlrumtn......$rE'(:~rwdfR'refonJo1I '99AFK JP' 133 ... 2534R ldr-t COllluy OFFlCTAllWcmc$ loneCOUJIlYClmk By .Q..fJ ---I .4...f..y COU"lyC!elk --< -:i - "< Date Received AUG - 6 2008 Original Submittal ) ..#~~~ " '.::;~;' --~::- . ,!!-- First American First Amencan rdle Insurance Company of Oregon 600 CountJy Oub Road Eugene, OR 97401 Phn - (541)48+2900 Fax - (541)48+7321 Order No 7191-1206199 August 01, 2008 FOR OUESTIONS REGARDING YOUR CLOSING. PLEASE CONTACT: CYNTHIA FOSTER, Escrow Officer/Ooser Phone (541)484-2900 - Fax (541)484-7321- Emall cgfoster@firstam com First Amertcan TItle Insurance Company of Oregon 600 Country Oub Road, Eugene, OR 97401 FOR ALL OUESTIONS REGARDING THIS PREUMINARY REPORT. PLEASE CONTACT, Ronald Denton, TItle Officer Phone (541)484-2900 - Fax (541)484-7321 - Emall radenton@firstam com 3rd Supplemental Preliminary Title Report At TA Owners Standard COverage LJablhty $ 1,710,00000 Premium $ 3,16500 AlTA Owners Extended COverage LJablhty $ Premium $ ALTA Lenders Standard Coverage LJablhty $ Premium $ ALTA Lenders Extended Coverage lJabllrty $ 2,300,00000 Premium $ 1,99800 Endorsement 9, 22 & 8 1 Premium $ 100 00 Govt Sennce Charge Cost $ 4500 Other Early Issue COst $ 4,50000 We are prepared to Issue TItle Insurance Policy or PoliCies In the form and amount shown above, Insunng title to the follOWing descnbed land The land referred to In thiS report IS descnbed In Exhibit A attached hereto and as of July 29, 2008 at 8 00 am, btle vested In Orva J Young Subject to the exceptions, exduslons, and stlpulatJons which are ordlnanly part of such Policy form and the follOWing Date Received- I Taxes for the fiscal year 2008-2009 a lien due, but not yet payable AUG - 6 2008 2 Taxes for the year 2007-2008 Tax Amount $ Unpaid Balance $ 6593 Original Submittal 65 93, plus Interest and penalbes, If any This report Is for the exduslVe use of the partles herem shown and IS preliminary to the Issuance of a title Insurance polley and shall become VOid unless a polICy IS ISSUed, and the full premIum paid Preliminary Report Order No 7191-1206199 Page 2 of 10 Code No 01900 Map & Tax Lot No 1702323200800 Property ID No 4042931 (Mobile Home, assessed to M & M Land and Cattle Co , LlC) Taxes for the year 2006-2007 Unpaid Balance $ 65 92, plus Interest Taxes for the year 2005-2006 Unpaid Balance $ 63 19, plus Interest Taxes for the year 2004-2005 Unpaid Balance $ 61 93, plus Interest Taxes for the year 2003-2004 Unpaid Balance $ 47 44, plus Interest 3 Taxes for the year 2007-2008 Tax Amount $ 46 70 Unpaid Balance $ 46 70, plus Interest and penalties, If any Code No 01900 Map & Tax Lot No 1702323200800 Property ID No 4115968 (Mobile Home, assessed to M & M Land and Cattle Co , LLC) 4 Taxes for the year 2007-2008 Tax Amount $ 125 52 Unpaid Balance $ 125 52, plus Interest and penalties, If any Code No 01900 Map & Tax Lot No 1702323200800 Property ID No 4210751 (Mobile Home, assessed to M & M Land and Cattle Co , LlC) Taxes for the year 2006-2007 Unpaid Balance $ 131 50, plus Interest Taxes for the year 2005-2006 Unpaid Balance $ Date Received 126 09, plus Interest AUG - 6 2008 Taxes for the year 2004-2005 Unpaid Balance $ 123 70, plus Interest Ongmal Submittal Taxes for the year 2003-2004 Unpaid Balance $ 39 72, plus Interest 5 The rights of the public In and to that portion of the premises herein deSCribed lYing within the limits of streets, roads and highways Rrst Amencan Title Preliminary Report Order No 7191.1206199 Page 3 of 10 6 Covenants, conditions and restnctlons contained In Deed Executed by H R Swanson, et al To Bernerd F Smith, et ux Recorded June 08, 1949 Recording Information Volume 396, Page 538, Deed Records of Lane County, Oregon Affects South 314 8 feet of Parcel I As Follows "No bUilding shall be located less than 20 feet from the Northwesterly line of the proposed Commercial Boulevard This property IS restricted against the operation of bUSiness generally known as wrecking yards" 7 Easement, Including terms and proVIsions contained therein Recording Information March 25, 1964, Reception No 48888, Deed Records of Lane County, Oregon In Favor of Northwest Natural Gas Company (8lanket easement) 8 Easement, Including terms and proVISions contained therein Recording Information June 15, 1965, Reception No 7270, Deed Records of Lane County, Oregon In Favor of City of Springfield For public uttlittes Affects "A 14 foot easement the centerline of which starts on the North line of A Street at a point 494 7 feet East of the intersection of the East line of 41st and the North line of A Street, from said point the easement runs North 360 11' 30" west 2350 feet (Affects Parcell) 9 Unrecorded Contract of Sale, including the terms and conditions thereof Dated March 05, 1985 Recorded March 06, 1985, Receptton No 85-07782, Offiaal Records of Lane County, Oregon Vendor Evelyn Allen Vendee Robert J Gleich and Mary Marlene Gleich, as tenants by the entlrettes As disclosed by Memorandum The vendor's Interest In said Contract IS now held by Orva J Young, as disclosed by variOUS Instruments of record The vendee's Interest In said Contract IS now held by M & M Land & Cattle Company, LLC, as disclosed by variOus Instruments of record 10 Easement, including terms and proVISions contained therein Recording Information February 10, 1989, Reception No 89-06715, OffiCial Records of Lane County, Oregon In Favor of City of Springfield For right-of-way Date Received First Amencan Title AUG - 6 2008 C _lr"'~~lt 1 In6lr~ '-' ~,1. 1 h~~ Prellmmary Report Order No 7191-1206199 Page 4 of 10 11 Easement, including terms and provIsions contained therein Recording Information June 02, 1994, Reception No 94-41837, Official Records of Lane County, Oregon In Favor of City of Spnngfield For public utility (Affects Parcel II) 12 Improvement Agreement and the terms and conditions thereof Between Roy C Gray, Jr And City of Spnngfield Recording Information June 10, 1994, Reception No 94-43734, OffiCial Records of Lane County, Oregon (Affects Parcel II) 13 Improvement Agreement and the terms and conditions thereof Between Roy C Gray, Jr And City of Spnngfield Recording Information December 21, 1994, Reception No 94-86831, Offiaal Records of Lane County, Oregon (Affects Parcel II) 14 Deed of Trust and the terms and conditions thereof Grantor[Trustor Kenneth J Marquardt and Arnaud B Mennesson Grantee/Beneficiary McKenZie State Bank Trustee Evergreen Land Title Co Amount $1,166,377 50 Recorded Apnl 01, 1999 Recording Information Reel 2534, Reception No 99-029397, Offiaal Records of Lane County, Oregon Moclificatlon and/or amendment by Instrument Recording Information December 18, 2003, Reception No 2003-121081, OffiCial Records of Lane County, Oregon 15 Assignment of leases and/or rents and the terms and conditions thereof Assignee McKenZie State Bank Recorded April 01, 1999 Recording Information 99-029398, OffiCial Records of Lane County, Oregon 16 Unrecorded Lease and the terms and conditions thereof Lessor M&M Land & Cattle Company, LLC Lessee Kelley-Greg, LLC As disclosed by Memorandum of Lease Recorded December 12, 2002 Recording No 2002-096873, OffiCial Records of Lane County, Oregon Date Received: Rrst Amencan Title AUG - 6 2008 Onglnal Submittal PrelimInary Report Order No 7191-1206199 Page 5 of 10 17 Easement, Including terms and provIsions contained therein Recording Information August 05, 2003, Reception No 2003-072894, Official Records of Lane County, Oregon By and between Comcast of Oregon II, Inc , and Park Lane Mobile Home & R V Park/Kelley-Greg LLC For broadband communications system 18 Memorandum of Trust Deed, Assignment of Rents, Secunty Agreement, and Fixture Filing, the terms and conditions thereof Grantor/Trustor M & M Land & Cattle Company, LLC Grantee/BenefiCiary Estate of Arnaud R Mennesson Trustee Western Pioneer Title Co Amount $1,000,000 00 Recorded December 18, 2003 Recording Information 2003-121082, OffiCial Records of Lane County, Oregon (Covers additional property) 19 Deed of Trust and the terms and conditions thereof Grantor/Trustor M & M Land $ Cattle Company, LLC Grantee/Beneficiary Dan Neal Trustee Cascade Title Company Amount $50,00000 Recorded June 24, 2008 Recording No 2008-035245 20 The county tax roll discloses a mobile home on the herein descnbed premises which IS not Included In title Insurance coverage Subject to requirements and prOVISions of 0 R S 311 280 pertaining to mobile home taxes becoming liens on real." u>,e, 'f 21 The nght of any Tenants Association or Facility Purchase Association, of first refusal, to purchase the property herein descnbed pursuant to ORS 90 800 et seq We find no affidaVit of record pursuant to ORS 90 830, that the owner has given notice of thiS nght to the aSSOCiation and/or that such a nght has lapsed 22 Affirmative coverage may be prOVided by First Amencan Title Insurance Company of Oregon as to the follOWing exceptions If suffiCient documentation IS prOVided Any matters disclosed by the extended search Will be set-forth as exceptions to the title a Taxes or assessments which are not shown as eXIsl:1ng liens by the records of any taxing authonty 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 b Any facts, nghts, Interest, or claims which are not shown by the public records but which could be ascertained by an Inspection land or by making inqUiry of person In possession thereof c Easements, encumbrances, or claims thereof, not shown by the public records, unpatented mining claims, reservations or exceptions In patents or In acts authonzlng the Issuance thereof, water nghts, claims or title to water d Any lien, or nght to alien, for selVlces, labor, or matenal heretofore or hereafter furnished, Imposed by law and not shown by the public records Date Received: RfSt AmeJ1CCn T1fie AUG - 6 2008 Ongmal Submittal Prehmmary Report Order No 7191-1206199 Page 6 of 10 e Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose 23 Any conveyance or encumbrance by M&M Land & Cattle Co , LLC should be executed pursuant to their Operabng Agreement, a copy of which should be submitted to thiS office for Inspecbon 24 Any conveyance or encumbrance by Kelley-Greg, LLC should be executed pursuant to their Operating Agreement, a copy of which should be submitted to thiS office for inspection - END OF EXCEPTIONS - NOTE Taxes for the year 2007-2008 PAID IN FULL Tax Amount $1,607 07 Map No 1702311404100 Property ID 0118644 Tax Code No 01900 NOTE Taxes for the year 2007-2008 PAID IN FULL Tax Amount $333 56 Map No 1702311404200 Property ID 0118651 Tax Code No 01900 NOTE Taxes for the year 2007-2008 PAID IN FULL Tax Amount $7,649 78 Map No 1702323200800 Property ID 0127322 Tax Code No 01900 NOTE Taxes for the year 2007-2008 PAID IN FULL Tax Amount $67 87 Map No 1702323200800 Property ID 4270706 Tax Code No 01900 (Mobile Home, a"",,,,,,"; to M & M Land and Cattle Co , LLC) NOTE We find no Judgments or United States Internal Revenue liens against Kelley-Greg, LLC NOTE In a Judgment search against M&M Land & Cattle Co, LLC , we find the follOWing which Will attach as a lien upon vesting btle Note A County Tax Warrant for the amount herein stated, plus Interest and statutory charges Warrant No 339, 751 Recorded July 20, 2004, Reception No 2004-056225, Offiaal Records of Lane County, Oregon $171 79 M & M Land & Cattle Co LLC Amount Debtor Date Received: AUG - 6 2008 First Amencan Tftfe Onglnal Submittal Preliminary Report Order No 7191.1206199 Page 7 of 10 Note A County Tax Warrant for the amount herem stated, plus mterest and statutory charges Warrant No 344,293 Recorded July 20, 2005, Reception No 2005-054106, OffiCial Records of Lane County, Oregon $8041 M & M Land & Cattle Company LLC Amount Debtor Note A County Tax Warrant for the amount herein stated, plus Interest and statutory charges Warrant No 361624 Entered June 23, 2008 Recorded June 27,2008, Reception No 2008-036197 Amount $96 20 Debtor M & M Land and Cattle Co LLC Note A County Tax Warrant for the amount herein stated, plus Interest and statutory charges Warrant No 362655 Entered June 23, 2008 Recorded June 27, 2008, Reception No 2008-037262 Amount $14888 Debtor M & M Land and Cattle Co LLC Note A County Tax Warrant for the amount herein stated, plus Interest and statutory charges Warrant No 362711 Entered June 23, 2008 Recorded June 27, 2008, Receptton No 2008-037318 Amount $125 32 Debtor M & M Land and Cattle Co LLC Note A County Tax Warrant for the amount herem stated, plus mterest and statutory charges Warrant No 362926 Entered June 23, 2008 Recorded June 27, 2008, Reception No 2008-037671 Amount $122 99 Debtor M & M Land and Cattle Co LLC Note A County Tax Warrant for the amount herein stated, plus mterest and staMory charges Warrant No 361786 Entered June 23, 2008 Recorded June 27, 2008, Reception No 2008-036358 Amount $95 01 Debtor M & M Land and Cattle Co LLC Note A County Tax Warrant for the amount herem stated, plus mterest and statutory charges Warrant No 361817 Entered June 23, 2008 Recorded June 27, 2008, Reception No 2008-036389 Amount $11981 Debtor M & M Land and Cattle Co LLC Date Received. AUG - 6 2008 first American TltJe Onglnal Submittal Prehmmary Report Order No 7191~1206199 Page 8 of 10 Note A County Tax Warrant for the amount herem stated, plus mterest and statutory charges Warrant No 361700 Entered June 23, 2008 Recorded June 27, 2008, Reception No 2008-036272 Amount $107 73 Debtor M & M Land and Cattle Co LLC Note A County Tax Warrant for the amount herein stated, plus Interest and statutory charges Warrant No 361968 Entered June 23, 2008 Recorded June 27, 2008, Reception No 2008-036539 Amount $172 73 Debtor M & M Land and Cattle Co LLC Situs Address as disclosed on Lane County Tax Roll 225 North 41st Street, Spnngfield, OR 97478 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc Kelley-Greg, LLC cc Orva J Young Date Received AUG - 6 2008 first AmenCiJn TItfe Onglnal Submittal Prellmmary Report Order No 7191.1206199 Page 9 of 10 ~ First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POUCY (06/17/06) The foIlowmg matters are expressly exduded from the coverage of thls policy, aocl the Company will not pay k1ss or damage, costs, attorneys fees or expenses that arise by reason of 1 (a) My law, orchnanc.e, permit, or governmental regulatJorl (incbJdlOg those relating to t>lukbng and zonlllg) restrlctmg, regulating, prohlbltlllg, or relating to (I) the occupancy use, or enjoyment of the land (II) the character, dImensions, or location of any impi'"<wement erected on the land (III) the subdivision of land or (IV) environmental protection, or the effect of any VIOlation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not IOOdlfy or limit the coverage provided under Covered RISk 5 (b) Any governmental polICe power ThIS ExcIUSlOn l(b) does not mcx11fy or limit the coverage provk:led under Covered RISk 6 2 RIghts of eminent dcmaln ThIS ExduSlOll does not: modify or Imlt the coverage provided under Covered Risk 7 or 8 3 Defects, liens, encumbrances, adverse claims or other matters (a) created suff~ed, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded 10 the PublIC Records at Date of Policy, but Known to the Insured Claimant and not dIsclosed In wrrbng to the Company by the Insured Oimnant prior to the date the Insured Claimant became an Insured under thIS pofx:y, (c) resulting In no loss or damage to the Insured Claimant, (d) attachlOg or created subseQuent to Date of PolICy (however thiS does not modify or limit the coverage provided under Covered RISk 11, 13, or 14) '" (e) resulting m loss or damage that wouk:l not have been SllSt:lUled If the Insured Claimant had paid value for the Insured Mort:gage. 4 Unenforceablllty of the lien of the Insured Mortgage because of the Inability or failure d an Insured to comply with applccable doing business laws d the state where the land Is situated 5 InvalidIty or unenforceablhty 10 whole or in part ri the IIa1 of the Insured Mort:gage that anses out of the tJansactIOn evidenced by the Insured Mortgage and IS based upon usury or any consumer credit protectlon or truth-In-lendlng law 6 Any claim, by reason of the operation of federal bankruptcy, state msoIveocy, or SImilar cre::htors rights laws, that the transactIOn creatmg the hen of the Insured Mortgage Is (a) a fraudulent conveyance or fraudulent transfer or (b) a preferentlCll transfer for any reason not: stated in Covered RJsk 13(b) of this policy 7 Ally hen on the Title for real estate taxes or assessments Imposed by governmental authority and creatB:l or attaching between Date of Policy and the date of recorchng of the Insured Mortgage 10 the PublIC Records thIS Exclusion does not modify or limit the coverage provided under Covered RISk l1(b) ALTAOWNER'S POUCY (06/17/06) The following matters are expressly excluded from the coverage of this polley, and the Company will not pay k1ss or damage, costs, attorneys fees, or expenses that arise by reason of (a) Ally law, ordll1allCe, permit, or governmental regulabon (indudlll9 those relating to bulldlng and zoning) restricting, reJulatlng, prohlbltl1lg, or relating to (I) the occupancy use or enjoyment of the Land (II) the character, dlfnenslOl1S, or location of any Improvement erected on the land, (Ill) theSUtxllVlSlOll of land, or (Iv) envlroomental protection, or the effect of any vlolatlOO of these laws, ordinances, or g<Wemmental regulationS This exclusion l{a) does not modify or limit the coverage provided under Covered Risk 5 (b) Any ",. "- ~ ,,___~~. pobce pa.ver This ExcIUSOll(b) does not modify or limit the coverage provided under Cavered Risk 6 2 Rghts of eminent domain This ExduslOl1 does not modify or limit the coverage provided und~ Covered RIsk 7 or 8 3 Defects liens, encumbrances, adverse claims, or other matters (a) created, suffere;j, assumed or agreed to by the Insured Claimant, (b) not Known to the Company not recorded ., the PublIC Records at Date of Polity but Known to the Insured Claimant and not dtsdosed In wnting to the Company by the Insured Claimant prior to the elate the Insured Claimant became an Insured under this polICY, (c) resulting In no loss or damage to the Insured Oalmant (d) attaching or created subseQuent to Date of Policy (however thIS does oat mo::hfy or lunlt the coverage provided und~ Covered RIsks 9 and 10), or (e) resultlng 10 loss or damage that would not have been sustained If the Insured Claimant had paJd value for the TltIe 4 Any claim, by reason of the operabon of federal bankruptcy, state Insolvency, or similar credltofs' nghts laws, that the transaction vesting the Trt:Ie as shown In Schedule A, is (a) a fraudulent conveyance or fraudulent lJansfer or (b) a preferential transfer for any reason not stated In Covered Risk 9 d this policy 5 Any IIE!I on the Title for real estate taxes or assessments Imposed by govenmental authonty and created or attaching between Date of PolICY and the date of recording of the deed or other Insbument of transf~ In the PublIC Records that vests TItle as shown In Schedule A SCHEDULE OF STANDARD EXCEPTIONS Taxes or assessments which are not shown as existing liens by the records of any laxing authority that levIeS taxes or <-.>.><.""'"....,... on real property or by the public records, proceedings by a pubhc 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 9lown by the publIC records but which oould be.:........... ....w..... by an Inspection of the land or by makllg inqUiry of persons In pQSSeSSIon thereof 3 Easements or claims of easement, not shown by the public records, reservatu:ns or exceptlons In patents or In Acts authonzlng the tsSuance thereat, water rights, clauns or title to water 4 Any ellCJ'OiK:hment (of exISting ....,..-.-_.."-........-1 Ic:laltecl on the sub]ect: land onto adjolfl1ng land or of exIstilg lrTJprl)VemE'!1ts kx::ated on adlOUllng land ooto the subject land), encumbrance, VlOlalJon variabon or adverse drcumstance affecting the title that wouk:l be disclosed by an acQJrate and complete land survey of the subject land 5 My hen or right to a lien, for servICeS, labor material, equipment rental or workers ~..........x.~, heretofore or hereafter furnished, imposed by law and not shown by the pubic records NOTE A SPECIMEN COPY OFTHE POLICY FORM (OR FORMS) WIll BE AJRNISHED UPON REQUEST 11149 Rev 7 22 08 Date Received first Amencan Tltie AUG - 6 2008 Original Submitt~11____ . , ' Preliminary Report Order No 7191~1206199 Page 10 of 10 ExhibIt "A" Real property In the County of Lane, State of Oregon, descnbed as follows PARCEL I BEGINNING AT THE SOUTHEAST CORNER OF THE LUCINDA COMEGYS DONATION LAND ClAIM NO 81, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILlAMETTE MERIDIAN, THENCE SOUTH 8go 50 1/2' WEST 632 1 FEET ALONG THE SOUTH LINE OF SAID DONATION LAND CLAIM, THENCE SOUTH 000 02' EAST 852 50 FEET TO THE TRUE POINT OF 8EGINNING, RUNNING THENCE SOUTH 000 02' EAST 444 0 FEET, THENCE SOUTH 8go 44 1/2' EAST 6S3 2 FEET ALONG A LINE PARALLEL TO THE CENTERLINE OF THE MCKENZIE HIGHWAY TO THE SOUTHWESTERLY MARGIN OF COMMERCIAL BOULEVARD, THENCE NORTH 410 45' WEST 597 56 FEET ALONG THE SOUTHWESTERLY MARGIN OF COMMERCIAL BOULEVARD, THENCE NORTH 890 44 1/2' WEST 255 58 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON PARCEL II BEGINNING AT THE SOUTHEAST CORNER OF THE LUCINDA COMEGYS DONATION LAND ClAIM NO 81, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILlAMETTE MERIDIAN, THENCE SOUTH 8go 50' 30" WEST 632 10 FEET ALONG THE SOUTH LINE OF SAID DONATION LAND ClAIM TO A POINT, THENCE SOUTH 00 02' 00" EAST 852 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 890 44' 30" EAST 25558 FEET TO A POINT ON THE SOUTHERLY LINE OF COMMERCIAL BOULEVARD, THENCE NORTH 410 45' WEST 217 77 FEET ALONG THE SOUTHERLY LINE OF COMMERCIAL BOULEVARD TO A POINT, THENCE SOUTH 480 15' WEST 148 06 FEET TO A POINT, THENCE SOUTH 00 02' 00" EAST 62 73 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON Tax Parcel Number 0118644 and 0118651 and 0127322 and 4042931 and 4115968 and 4210751 and 4270706 Date Received: AUG - 6 2008 Rrst Amenc3n Title Original Submittal . RLlD DetaIled Property Rep J 5 41ST Sf' d, LANE COUNTY REGIONAL LAND INFORMATION DATABASE Page I of5 X-Coord 4272954 Land Use Land Use Code and Descnpbon Use Code and Descrlpbon Zoning Zomng Junsdlctlon Parent Zone 1 Boundary Information General Incorporated CIty Limits Urban Growth Boundary Fire Protecbon Providers Node Plan Deslgnabon 2000 Census Tract 2000 Block Group Year Annexed Annexation # ApproXImate Acreage Approximate Square Footage Envllonmental Findings Metro Flood Hazards West Eugene WeUands FEMA Flood Hazard Zones Soeclallnterest Code VfewT~ Map_ 'I Site Address State Plane Coordinates Y -Coord 8n454 Land use InformatIOn has not been field venfied Code 1400 K Descnpbon MOBILE HOME PARK OR COURT MOBILE HOME PARK Please venfy zoning mformatlOn with local JUrlsdictlon lane County overtay zones are not QJrrently shown to RllO Code SPR MD Description SPRINGFIELD MEDIUM DENSITY RESIDENTIAL Please verify boundary Information with local jurf8diction SPR SPR SPRINGFIELD SPRINGFIELD N 1_902 ~ 1960 Date Received AUG - 6 2008 093 40,511 Please venfy enVfl'oomentallnlbrmatlon with local JunsdlCbOn Onglnal Submittal Note Some parcels may extend onto adjacent FIRM maps Regl5tmbon between parcel boundanes and 1tood hazard zones 1$ approXJmate Community numbers are based on the current aty kmlls and may not reflecl. boundaries at the date of map publication Consult FIRM maps or appropnate authonty httpllwwwrhd org/reportslMam_report_rhdstar cfm'7taxloUd=I7286&csacct=01I 8644&SI 8/412008 SOil Water Conservalion Dlstnct SOil Water Conservalion Dlstnct 0 Zone Political Districts EleCllon Precmct County Commissioner Dlstnct County Commissioner State Representalive DIstrict State Representahve Name CiIy Council Ward City Councilor Name State Senate Dls1r1ct State Senator LCe Board Zones EWEB Commissioner District Lane County Assessor's Office I Account Number 01186441 Property Owner Owner1 Name ALLEN EVELYN Owner Address 357 49TH LOOP RLID DetaIled Property Rep FIRM Map Number 410;\9C1162F (TIF) I 41.Q;l9C1162F (PDFI Code X Soils SOil Map Umt Number 6 101 Schools District Elementary School Middle School High School Service Districts L TO Service Area L TO Ride Source Ambulance Dlstnct City SPRINGFIELD Page 2 of5 Commumty Number 415592 Panel Pnnted? (YIN) Y Post - FIRM Date 1985-09-27 Descnplion Areas detemllned to be outside of SOO-year flood SOil Type Descnplion AWBR1G-URBAN LAND COMPLEX OXLEY -URBAN LAND COMPLEX Percentage of Tax Lot 66 34 Code 19 1352 ~ HI Name SPRINGFIELD RIVERBEND AGNES STEWART THURSTON Y YES EC A~ EASTICENTRAL Provider SPRINGFIELD DePT OF FIRE & LIFE SAFETY UPPER WILL 102402 2 BILL DWYER 12 E TERRY BEYER SP4 DAVE RALSTON 6 WILLIAM MORRISETTE 3 SPRINGFIELD Date Received: AUG - 6 2008 Original Sub 1'.\,,' I Map & Tax Lot 17-02-31-14-04100 Slate OREGON Country ZlpCode 97478 Owner2 Name YOUNG ORVA J Owner Address 357 49TH LOOP City SPRINGFIELD State OREGON Counlly ZIp Code 97478 hltp Ilwwwrlid orglreportslMam_reportJlidstar cfm?taxloUd=17286&csacct=0118644&sl 8/4/2008 RLID Detailed Property Rep Taxpayer Taxpaver Name M & M LAND & CATTLE COMPANY LLC Taxpayer Address 357 49TH LOOP City State SPRINGFIELD OREGON Property Legal DescrIption TownshIp 17 Range 02 SubdivIsion Type SUbdivIsIon Name LoVTractlUnlt Number TL 04100 SubdiVISion Number Recording Number Property Value and Taxes Land Value Real Market 184,956 145,635 125,548 102,072 102,072 101,062 96,250 96,250 78,890 75,860 73,650 70,140 29,600 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 98,542 Taxable Value Country Secbon 31 Improvement Value Real Market 284,290 223,850 192,970 156,890 156,890 155,340 167,030 167,030 136,910 138,290 134,260 115,740 51,870 o Exempbon Amount Regular (EAR) Tax Year 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 Quarter 14 DIvIsion/Phase Total Value Real Market 469,246 369,485 318,518 258,962 258,962 256,402 263,280 263,280 215,800 214,150 207,910 185,880 81,470 Page 3 of5 Zip Code 97478 Assessed 98,542 95,672 92,885 90,180 87,553 85,003 82,527 80,123 77,789 75,523 73,323 185,880 81,470 o Frozen Assessed Value (FZNPU) Tax (See Explanation ofTax) 1,607 07 1,561 69 1,527.28 1,49800 1,454 99 1,32932 1,304.07 1,272.55 1,286.47 1,250.59 1,24591 -2,89787 1,278 80 Date Recelvl';'d' AUG - 6 2008 Onglnal Submittal Explanation of Tax The tax shown IS the amount certified In October, unless a value change has been processed on the property Value changes typically occur as a result of appeals, dencal errors and omitted property The owner either Initiates the change, as In the case of appeals, or IS nobfied by the department, In the case of clencal errors and omitted property The amount shown IS the full amount of tax for the year Indicated and does not Include any discounts offered, payments made, Interest OWing, or prevIous years owIng Account Status http //www rhd orglreports/Mam_reportJhdstar cfm?taxJot_ld=17286&csacct=0118644&SI 8/4/2008 '.1"-L.JIU Uelai1earLVJJ,",Uj Rer - . ragt:'+ v.:J ....~ ;:;; ... ...=-':- -- New Account ScnecUlec 10 oe - ----- r,;:~...e ;;:;;- ~;-je "'.......~ . a", - ;3ci;- -; _ :-:;':i J .::. =E-oEE-2-': . Pendlno SeclMerne () Pending Value Chang.. r:. Deflnauenc! () Delayed Foreclosure (j Bankr,_;i"G} .' Code Sohtlndlcator C Related Accounts RemarKS SPJ>j;I..t~JlnJts_mentProgrl!1Jl (If applicable) Coce Generallnformabon Property Class Statistical Class Neighborhood Code Property Use Type Account Type Category Mortgage Company Name Total Acreage for this Account 094 Fire Acres Current Year Tax Code Area (Levy Codel 01900 Lane County Asses,mentand Te..'on 20072006 a"hnq Rate, CITY OF SPRINGFIELD LANE COMMUNITY COLLEGE LANE COUNTY LANE COUNTY METROPOLITAN WW SER DISTlCT LANE EDUCATION SERVICE DISTRICT SPRINGFIELD ECONOMIC DEVELOPMENT AGENCY SPRINGFIELD SCHOOL DISTRICT 19 WILLAMALANE PARK & RECREATION DISTRICT uescnrhiO 707 415 70701 MOBILE HOME PARK RP LAND AND IMPROVEMENTS Date Received AUG - 6 2008 r." IS ' \f" "Jnglna L. J, /1, .... Sales Information Sales Sales Grantor Grantee Instrument AnalySIS Mult Date Pnce # Code AccrI 12-12- MENNESSON ELIZABETH M M & M LAND & CATTLE 2003- .K Y 2003 PERSONAL REPRE COMPANY LLC 121078 04-13- MARQUARDT KENNETH J MARQUARDT KENNETH J 2003.: !l N 2003 73182 03-31- PARKLANE LLC MARQUARDT KENNETH J 1999- It 1999 1,500,000 29395 03-31- PARKLANE LLC MENNESSON ARNAUD & 1999- K Y 1999 1,500,000 MARQUARDT KENNETH 29395 03-01- 214280 GLEICH ROBERT J & MARY MENNESSON ARNAUD & lli.Jl: ! Y 1999 ' M MARQUARDT KENNET ID96 03-01- GLEICH ROBERT J & MARY MENNESSON ARNAUD & 1999- Y 1999 214,280 M MARQUARDT KEN NET 29396 http //www rlld org/reportsIMamJeport_rlldstar cfm?taxloud=I7286&csacct=0118644&sl 8/4/2008 RLJD Detailed Property Rer Page 50f5 GRAY ROY C JR & CATHERINE 1994- 52021 1994- 52021 1994- 52022 1994- 52022 1994- 52023 1994- 52023 1999. ~ 1993- 86907 1989- 11448 ! 07-08- 1994 07-08- 1994 07-08- 1994 07-08- 1994 07-08- 1994 07-08- GRAY, CATHARINE 1994 12-29- GLEICH ROBERT J & MARY 1993 1,100,000 MARLENE 12-23-1100000 GLEICH, ROBERT J & MARY 1993 " MARLENE H&W 03-13- ALLEN EVELYN 1989 ' Manufactured Structures GRAY, ROY CLARENCE JR GRAY, ROY CLARENCE JR PETERSEN, LYNN PETERSEN, LYNN GRAY , CATHARINE !. N K 6 ~arr:h Result!;: ItlAW Pronertv~ ~~IO!UL~...@.nY Date Rer- ( AUG - 6 lDOU Onglnal SubmlttRI - - --- --- -- - - --- - . , ---- ---- - -- - - - - '_'~~~~"""O~ :: I~ '~H~g