HomeMy WebLinkAboutPermit APPLICANT 7/30/2008
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PRE-5UBMmAl REC'D
JUL 3 0 2008
.
THE VILLAGES AT MARCO LA MEADOWS
TREE FEWNG PERMIT
APPLICATION
Lane County Assessor's Map 17-02-30-00, Lot 1800, and
Map 17-03-25-11, Lot 2300
Marcola Meadows Site and Vicinity
SC Springfield. LLC
7510 Longley Lane, Suite 102
Reno, Nevada 89511
July 18, 2008
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SATRE ASSOOATES. PC
101 East Brn.dway. Suit. 4BO
Eug.ne. OR 97401
Phone 541.465.4711
fax 541.465.4722
Toll free I.BOO.662.7094
Web www.satte~t.cllm
Planners
landscape Architects
Environmental Specialists
July 18, 2008
City of Springfield
Development Services Department - Planning Division
225 Fifth Street
Springfield, Oregon 97477
~Rt.SU~MmA\. REC'O
JUL so 200S
Attn: Steve Hopkins
Re: The Villages at Marcola Meadows, Phase I
Tree Felling Permit Application
Dear Steve,
This application addresses the criteria required for the Tree Felling Permit (TFP). Enclosed,
please find the TFP Application for Phase 1, The Villages at Marcola Meadows, the proposed
development. Submitted herewith are:
Contents: # Pages:
TFP Application ................................................................................ 5
Deed................................................................................................. 6
Preliminary Title Report ................................................................... 11
Written Statement ........................................................................... 8
Plot Plan (reduced) ........................................................................... 6
Plot Plan: (Bound Separately) .......................................................... 6
T1 Cover Sheet
TPl Existing Trees
TP2 Tree Removal Plan
L 1 Street Tree Planting Plan
L2 Greenway and Stormwater Planting Plan
L3 Planting Notes and Details
The written statement presents a narrative explaining the proposal. The narrative also
includes findings demonstrating compliance with applicable standards. In addition, as
required by the expedited review agreement between the City and the applicant, Tentative
Subdivision and Drinking Water Protection Overlay District Development Applications are
submitted concurrently. We believe this application contains all information necessary for
review.
As the Applicant's designated contact, we at Satre Associates are available to answer
questions or provide supplemental information as needed to facilitate the review process.
Thank you in advance for your consideration of the application. We look forvvard to working
with yo 0 he roject.
Sincerel
Richard re, AICP, ASLA, CSI
President
Satre Associates, P.C.
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Tree Felling Permit
PRE-SUBMmAl REC'D
JUL S 0 2008
. -.
Jeff Belle
Applicant Name:
Icompany:
IAddress:
.,
SC Springfield, LLC
Phone: 775-853-4714
Fax: 775-853-4718
7510 Longley Lane, Suite 102, Reno, Nevada 89511
Applicant's Rep.: Richard M. Satre
Phone: 541-465-4721
Company:
IAddress:
I
I Property Owner: Jeff Belle
Icompany:
IAddress:
,
IASSESSOR'S MAP NO: 17-02-30-00, 17-03-25-11 I TAX LOT NO(S): 1800,2300
I Property Address: North of Marc 01 a Road and West of 28th and 31st Street in Springfield, Oregon
ISize of Property: tOO.38 Acres ~ Square Feet 0
,
I Description of IT you are filling in this form by hand, please attach your proposal description to this application.
Proposal: (see attached)
Satre Associates. P.C.
Fax:
541-465-4722
101 East Broadway, Suite 480, Eugene, Oregon 9740 I
Phone: 775-853-4714
SC Springfield, LLC
Fax:
775-853-4718
7510 Longley Lane, Suite 102, Reno, Nevada 89511
. ,..
Associated Cases:
Icase No.: "PtZ2"200t- fmSL
Signs:
Application Fee: $
EXPtptlc; f.)
TOTAL FEES: $ FE'e'S'R,eCE\\.)eD
I Date: tl?i)!o~
ITechnical Fee: $ Postage Fee: $
CohqlJ PROJECT NUMBER: 'fR3LC:08. m")~7
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~eviewed by: ~
Revised 1{1{08 Molly Markarian
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Signatures
Applicant:
Owner:
s;gn.",,/f(
Jeff Belle I
Print
. n in this application is correct and accurate.
Date:
1..f-1-,("",-D>s'
".. '~J; .;itJ J!"~' '"," ~~"';O":::::"":; ~ ~: :~":;'"
Signat'ure ( f ~ ~ ~
JeffBe6e /
Print
Revised 1/1/08 Molly Markarian
PRE.SUBMmAl REC'D
JUL 3 0 2008
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Tree Felling Permit Application Process
1. Applicant Submits a Tree Felling Permit Application to the Development Services
Department
. The application must conform to the Tree Felling Permit Submittal Requirements
Checklist on page 4 of this application packet.
. Planning Division staff screen the submittal at the front counter to determine
whether all required items listed in the Tree Felling Permit Submittal Requirements
Checklist have been submitted.
. Applications missing required items will not be accepted for submittal.
2. City Staff Conduct Detailed Completeness Check
. Planning Division staff conducts a detailed completeness check within 30 days of
submittal.
. The assigned Planner notifies the applicant in writing regarding the completeness of
the application.
. An application is not be deemed technically complete until all information necessary
to evaluate the proposed development, its impacts, and its compliance with the
provisions of the Springfield Development Code and other applicable codes and
statutes have been provided.
. Incomplete applications, as well as insufficient or unclear data, will delay the
application review process and may result in denial.
3. City Staff Review the Application and Issue a Decision
. This is a Type II decision and thus is made after public notice, but without a public
hearing, unless appealed.
. Mailed notice is provided to property owners and occupants within 300 fee~ 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, staring 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.
. 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.
PRE.SUBMITTAl REC'O
JUL 3 0 2008
Revised 1/1/08 Molly Markarian
3 of 5
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Tree Felling Permit 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 Land Division applications, where
applicable.
~ 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
Services Department. The applicable application, technology, and postage fees are
collected at the time of complete application submittal.
~ Tree Felling Permit Application Form
~ Copy of the Deed
~ Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances.
~ Narrative explaining the proposal and any additional information that may have a bearing
in determining the action to be taken, including findings demonstrating compliance with the
Tree Felling Permit Criteria as specified in SDC 5.19-125 (see page 4 of this application).
NOTE: Before the Director can issue a Tree Felling Permit, information submitted by the
applicant must adequately support the request. All of the Tree Felling Permit Criteria 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. In certain
circumstances, it is advisable to hire a professional planner or land use attorney to prepare
the required findings.
The Director or the Public Works Director may require the applicant to provide the
services of a professional forester (approved by the City). licensed hydrologist, or licensed
landscape architect in order to address the standards in SDC 5.19-125 for undeveloped
property greater than 10 acres in. size or 15% slope or above an elevation of 670 feet.
~ Three (3) Copies of a Plot Plan drawn to scale to include:
~ The species or common name of the trees
~ The location of trees to be removed and their sizes
~ The method of tree removal and the hauling route to be used
~ A description of any plan (Vegetation and Re-vegetation Report) to replace, landscape,
or otherwise reduce the effect of the felling that addresses the applicable criteria in SDC
5.19-125.
~ Copy of the Plot Plan Reduced to 8'12" X 11", which will be mailed as part of the
required neighboring property notification packet.
PRE.SUBMITTAl REC'O
JUL 3 0 2008
Revised 1/1/08 Molly Markarian
4 of 5
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I 5.19-125 Criteria
The Director, in consultation with the Public Works Director and 'the Fire Chief shall approve, approve with
conditions or deny the request based on the following criteria:
A. Whether the conditions of the trees with respect to disease, hazardous or unsafe conditions,
danger of falling, proximity to existing structures or proposed construction, or interference with utility
services or pedestrian or vehicular traffic safety warrants the proposed felling.
B. Whether the proposed felling is consistent with State standards, Metro Plan policies and City
Ordinances and provisions affecting the environmental quality of the area, including but not limited
to, the protection of nearby trees and windbreaks; wildlife; erosion, soil retention and stability;
volume of surface runoff and water quality of streams; scenic quality; and geological sites.
C. Whether it is necessary to remove trees in order to construct proposed improvements as specified
in an approved development plan, grading permits and construction drawings.
D. In the event that no Development Plan has been approved by the City, felling of trees will be
permitted on a limited basis consistent with the preservation of the site's future development
potential as prescribed in the Metro Plan and City development regulations, and consistent with the
following criteria.
1. Wooded areas associated with natural drainageways and water areas shall be retained to
preserve riparian habitat and to minimize erosion;
2. Wooded areas that will likely provide attractive on-site views to occupants of future
developments shall be retained;
3. Wooded areas along ridge lines and hilltops shall be retained for their scenic and wildlife
value;
4. Wooded areas along property lines shall be retained to serve as buffers from adjacent
properties;
5. Trees shall be retained in sufficiently large areas and dense stands so as to ensure against
windthrow;
6. Large-scale clear-cuts of developable areas shall be avoided to retain the wooded character
of future building sites, and so preserve housing and design options for future City
residents.
E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute
for the trees to be felled.
F. Whether slash left on the property poses significant fire hazard or liability to the City.
G. Whether the felling is consistent with the guidelines specified in the Field Guide to Oregon Forestry
Practices Rules published by the State of Oregon, Department of Forestry, as they apply to the
northwest Oregon region.
H. Whether transportation of equipment to and equipment and trees from the site can be
accomplished without a major disturbance to nearby residents.
PRE.SUBMITIAl RECIO
JUL 3 0 2008
Revised 1/1/08 Molly Markarian
S of 5
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R1J Willamette Street
EluIf.ne OR 97401-3107
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Division of Chl.f Depuly CI.~k
Lane Counly D..d. and Records
~D-024~ "
~I.! c~~ ~l ~ ~ nWUl!IJ'I~!!!\!~ 03:55::':~
Until a change is requested,
mail all tax statements to:
SC Sorinefield. LLC
5440 Louie Ln ste 102
Reno, NV
RPR-DEED Cnl=l Sln::9 CASHIER 04
S30.00 Sll.00 S10.00
Tax Account No.
TRUSTEES' DEED
(Statutory Bargain and Sale Deed)
Allan Hillar Pierce and Norman 1. LeCompte, Jr., as Co-Trustees pursuant to the
Last Will and Testament of Elizabeth C. Pierce, a deceased person, and Allan Hillar Pierce and
Norman J. LeCompte, Jr., as Co-Trustees pursuant to the Last Will and Testament of
Ralph H. Pierce, a deceased person (collectively, "Grantor"), convey to SC Springfield LLC, a
Delaware limited liability company ("Grantee"), the real property described on the attached
Exhibit A, together with all of the right, title and interest of Grantor in, to and under adjoining
streets, rights of way and easements..
The true consideration for this conveyance is Eight Million Dollars ($8,000,000), paid by
an accommodator pursuant to Section 1031 of the United States Internal Revenue Code.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 197.352. 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 APPROVED USES, TO DETERMINE ANY LIMlTS 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
197.352.
SIGNATURE PAGE FOLLOWS
TRUSTEES' DEED - Page 1
G:lusrlNJLIClienllPien:e TruslIManin Salcldccd njl 060331.doc
PRE.SUBMITTAl REC'D
JUL 3 0 2008
.,e <
DATED: April L 2006.
STATE OF OREGON )
) ss.
COUNTY OF LANE )
This instrument was acknowledged before me on April 10 , 2006, by Allan HilJar
Pierce, Co-Trustee pursuant to the Last Will and Testament of Elizabeth C. Pierce, a deceased
person, and Co-Trustee pursuant to the Last Will and Testament of Ralph H . e, a deceased
person~
, llff1CW.SfAL;
" ~ GAYI.l BEARE ..
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Allan Hillar terce, ~~:ee pursuant to the
Last Will and Testament of Elizabeth C. Pierce,
a deceased person
~
Nonnan J. LeCompte, Jr.,
to the Last Will and Testament
Eliz C. Pierce, a deceased person
Allari' Hillar Pierce, Co-Trustee pursuant to the
Last Will and Testament of Ralph H. Pierce, a
deceased person
~Pte, Jr., C -Trustee pursuant
to the Last Will and Testament of
Ralph H. Pierce, a deceased person
1
TRUSTEES' DEED - Page 2
G:\usrlNJLICliClllll'icrce TrustIManin Saleldc::al njl 060331.doc
PRE.SUBMmAl REC'O
JUL 3 0 2008
:;::. .
STATE OF OREGON )
) ss.
COUNTY OF LANE )
This instrument was acknowledged before me on April ~ 2006, by Norman J.
LeCompte, Jr., Co-Trustee pursuant to the Last Will and Testament of Elizabeth C. Pierce, a'
deceased person, and Co-Trustee pursuant to the Last Will and Testament of I h H. Pierce, a
deceased person. f:"
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PRE.SUBMITTAL REC'O
JUL 3 0 2008
TRUSTEES' DEED - Page 3
G:\usr\N1L\ClicntlPi= TrustIMartin Salcldocd njl 060331.doc
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EXHffilT A
Real Pr ... " l.' Description
PRE.SUBMITTAl RECto
JUL 3 0 2008
TRUSTEES' DEED - Exhibit A
G:\usrINJl\ClienllPierce Trust\Martin Saleldeed njl 060331.doc
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?Rt-SU~M\TIA\. REC'D
JUL3 0 200S
PlIllCEL 1:
aeginning at a point On the North tight-oC-way line of Marcola ~oad. ~aid point baing
North 89' 57' 30. East 26~1.60 feet and North 00' 02' 00. West 45.00 feet trom the
Southwest corner of the Felix Scott Jr, P.L.C. No. 51 in Township 17 South, Range 3
West of the Willamette Meridian; thence along the Norch right-of-way line of Marcola
ROad South 8~' 57' 30' We.t 1419.22 feet to the Southeast corner of parcell of Land
Partition Plat No. 94-P0491r thence leaving the North right-ot-way line of Marcola Road
and running along the Bast boundary oC said parcel 1 and the Northerly extension
thereof North 00' 02' 00' We.t 516.00 Ceet to a point on the South boundary of NICOLE
PARK a. platced and recorded in File 74, Slides 30-33 of the Lane County Oregon Plat
Records; thence along the South boundary of said NICOLE PARK North 89' S7' 30' East
99.62 feet ~o the Southeast corner of said NICOLS PARK: thence along the East boundary
of said NICOLE PARK North 00" 02' 00' West 259.82 feet to the Northeast corner Of said
NICOLE PARK, thence along the North boundary of .aid NICOLE PARK South 89' 58' 00' West
6.20 feet to the Southeast eorner of LOCH LeMOND TERRACE FIRST ADDITION, as platted and
recorded in Book 46, Page 20 of the Lane County Oregon Plat Records; thence along the
East boundary of said LOCH LeMOND TERRACE FIRST ADDITION Norch 00' 02' 00' West 112.88
feet to the Southwest corner of ~USTIN PARK SOUTH, as platted and recorded in File 71.
Slides 132-131 of the Lane County plat ~ecordsl thence along the South boundary of said
AUSTIN PARK SOUTij North 89' 58' 00' Sast 260.00 feet to the Southeast corner of eaid
AUSTIN PARK SOOTH, thence along the East boundary oC said AOSTIN PARK SOUTH North 00'
02' 00. West 909.69 feet to the Northeast earner of said ~USTIN PARK SOUTH, said point
being on the Soutb boundary of that certain traet of land described in a deed recorded
July 31, 1911, in Boo~ 359, Page 285 of the Lane County Oregon Dee~ Records; thence
along the South boundary of said last described tract North 79' 11' 51. East 1083.15
feet to the intersection of the South line of the last described tract and the ,East
line of that certain tract,of land conveyed to R. H. Pierce and Elizabeth C. Pierce and
recorded in Book 238. Page 461 of the Lane County Oregon Deed Records, thence along the
East line of said last described trAct South 00' 02' 00' Ea.t 1'91.28 Ceet to the pOint
of beginning. all in Lane County. Oregon.
PARCEL 2,
Seginnin9 ~t a point in tho center of County Road No. 753, 3470.24 feec South and
1319.9 feet East of the Northwest corner of the Felix Scott Donation Land Clai~ No. 82.
in Township 17 South. Range 2 West of the Willamette Meridian, and being 866 feet South
of the Southeast corner of tract of land conveyed by The Travelers Insurance Company to
R. D. Kercher by deed recorded in Book 189. Page 26B. Lane County Oregon Deed Records:
thenee West 1310 feet to a poinc 1S links East of the West line of the Felix Scott
Donation Land Claim No. 82, Notification No, 3255. in Township 17 Bouth, Range 2 West
of the Willamette Meridian, and running thence South parallel with and 15 links distant
from said West line of said Donation Land Claim a distance of 2301.76 feet to a point
15 links East of the Southwest corner of said Donation Land Claim. thence Eaat
following along the center line of county Road No. Z16 a distance of 131~ feet to a
point in the center of said County Road No. 278 due Bouth of the place of beginning,
thence North following the center line of said County Road No. 753 to the point of
beginning, all in Lane Coun~. Oregonl
EXCEPT the right of way of the Eugene-Wendling Branch of the Southern Pacific
Railroad;
ALSO EXCEPT that portion described in deed to The City of Eugene. recorded in
Book 359. Page 285. Lane County oregon Deed Records:
continued-
FXHIBIT A, Page 1
.,
t::::. . ..,
Properey Descripeion continued-(pARCEL 2)
ALSO EXCEPT beginning at a point which is 1589.47 teet South and 1327.33 feet
East of the Southwest corner ot Section 19. Township 17 South, Range 2 West,
Willamette Meridian, Lane County, Oregon. said poine also being opposite and
20 feet Easterly from station 39+59.43 P.O.S,T.. said Station being in the
center line of the old route of County Road No. 142-5 (formerly U753), thence
South O' 11' west 183.75 feee to the intersection with ehe Northerly Railroad
Right Of way line, thence South 84' 45' west 117.33 feet: thence South 79' 30'
West 48.37 feet to the intersection of said Railroad Right of Way line with
the Southerly Right of Way line of the relocated said County Road No. 742-5,
thence along the arc of a 316.48 foot radius curve left (the chord of which
bears North 39' 03' 35' East 261.83 feet) . diseance of 269.94 feet to the
place of beginning. in Lane County. Oregonl
ALSO EXCEPT that portion described in deed to Lane County recorded October 19,
1955. Reception No..68852. Lane County Oregon Deed Records,
ALSO EXCEPT that portion described in deed to Lane county recorded January 20.
1986. Reception No. 8602217. Lane County Otticial Records;
ALSO EXCEPT that portion described in that Deed to Willamalane Park and
Recreation District recorded December 4, 1992, Reception No. 9268749. and
Correction Deed recorded February 9. 1993. Reception No. 9308469. Lane County
Official Records; ,
ALSO EXCEPT that portion described in Exhibit A of that Deed to the City of
Springfield. recorded September 22, 1993. Reception NO. 9360016, ~ane County
Official Records.
ALSO ~XCBPT Marcola ROad Industrial Park, as platted and recorded in File 75.
Slides 897, 898 and 899, Lane county Plat Records, Lane County, Oregon.
PARCEL 3.
An easement for ingress and egress, parking and sign purposes as described in that
certain Reciprocal Easement Agreement. recorded April 22. 1994, Reel No. 1943,
Reception No. 9429763, Lane County Ofticial Records.
PARCEL 4.
An easement for ingress. egress and parking ae described in that certain Declaration of
RCGtrictions and Grant of Easemenea. recorded March 17. 1989, Reel No. 15'3, Reception
No. 8911762, as amended by that certain First Amendment to Declaration ot Restrictions
and Grant of Easements. recorded October 31. 1989. Reel No. 1600, Reception No,
8949055, as modified by that certain Restated Declaration ot Restrictions and Grant of
Easements, recorded May 10, 1991, Reel No. 1695. Reception No. 9121698, and by tb&t
eertain Assignment and Assumption of Obligations, recorded November 2, 1994, Reel No.
2009, Reception No. 9477951, all of Lane county Official Records.
..
PRE~SUBMrrrAl REC'O
JUL 3 0 2008
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r.AnLD.U A. Page 2
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1 ^ M F. It I
,~~ C'~I
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First American Title Insurance Company
National Commercial Services
200 SW Market Street, Suite 250
Portland, Oregon 97201
PRE-5UBMmAL RECIO
JUL 3 0 2008
Escrow Officer: Mavis Kimball
Phone: (503)795-7603
Fax: (503)795-7614
E-mail mkimball@firstam.com
Rle No: NCS-303649-0R1
Title Officer: Jennifer L. Watson
Phone: (503)790-7866
Fax: (503)795-7614
E-mail jewatson@firstam.com
File No: NCS-303649-0R1
2ND SUPPLEMENTAL PRELIMINARY TITLE REPORT
ALTA Owners Standard Coverage Uability $ 26,000,000.00 Premium $ 26,513.00 5TR
AlTA Owners Extended Co\lelOge Llability $ 26,000,000.00 Premium $ 17,675.00
ALTA Lenders Slandard Coverage Llability $ Premium $
ALTA Lenders Extended Coverage Liability $ 16,000,000.00 Premium $ 100.00
ALTA Leasehold Standard Coverage Liability $ Premium $
ALTA Leasehold Extended Coverage Liability $ Premium $
Endorsements Liability $ Premium $
Govt Service Charge Cost $
other $
We"are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
The land referred to In this report is described in Exhibit "A" attached hereto.
and as of 05/01/2008 at 8:00 a.m., title vested in:
SC Springfield, L.L.C., a Delaware limited liability company
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
This report is for the exdusive use of the patties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
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Preliminary Report
PRE-SUBMmAl REC'O
JUL S 0 2008
Order Number: NCS-303649-DRl
Page Number: 2
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. This item has been intentionally deleted.
5. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Rights of the public and of governmental bodies in and to that portion of the premises herein
described lying below the high water mark of unnamed creek.
8. An easement for ditches and inddental purposes, recorded May 1, 1919 as Book 119, page
560 of Official Records.
In Favor of: Benham Irrigation Company
Affects: Exact location not disclosed
9. An easement for ditches and incidental purposes, recorded July 17, 1919 as Book 121, page
66 of Official Records.
In Favor of: Benham Irrigation Company
Affects: Parcel II
10. An easement for electric distribution line and incidental purposes, recorded March 16, 1925 as
Book 142, page 450 of Official Records.
In Favor of: The City of Eugene, Oregon, by and through the Eugene Water
Board
Affects: Exact location not disclosed
11. An easement for electric transmission line and inddental purposes, recorded July 12, 1937 as
Book 1B8, page 452 of Official Records.
In Favor of: The City of Eugene, Oregon, by and through the Eugene Water
Board
Affects: Parcel II
12. An easement for sanitary sewer and incidental purposes, recorded November 17, 1961 as
Reception No. 50778 of Offidal Records.
In Favor of: The City of Springfield
Affects: Parcels I and II
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Preliminary Report
Order Number: NC5.303649-oRl
Page Number: 3
13. Covenants, conditions, restrictions and easements in the document recorded March 17,
1989 as Reel 1563, Reception No. 89-11762 of Official Records, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry,
source of income or disability, to the extent such covenants, conditions or restrictions violate Title
42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law
on the age of occupants in senior housing or housing for oider persons shall not be construed as
restrictions based on familial status.
(Affects Parcel No. I)
Document(s) declaring modifications thereof recorded October 31, 1989 as Reel 1600, Reception
No. 89-49055 of Official Records.
Document(s) declaring modifications thereof recorded May 10, 1991 as Reel 1695, Reception No.
91-21698 of Official Records.
Document(s) dedaring modifications thereof recorded November 2, 1994 as Reel 2009,
Reception No. 94-77951 of Offidal Records.
14. An easement for sewer line and incidental purposes, recorded March 20, 1989 as Reel 1564,
Reception No. 89-11838 of Offidal Records.
In Favor of: Springfield School District No. 19
Affects: The Westeriy portion of Parcel II
15. Covenants, conditions, restrictions and easements in the document recorded May 10,
1991 as Reel 1695, Reception No. 91-21696 of Official Records, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry,
source of income or disability, to the extent such covenants, conditions or restrictions violate Title
42, Section 3604( c), of the United States Codes. Lawful restrictions under state and federal law
on the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
(Affects Parcel No. I)
Document(s) declaring modifications thereof recorded October 1, 1993 as Reel 1883, Reception
No. 93-62649 of Official Records.
Document(s) declaring modifications thereof recorded October 12, 1993 as Reel 1886, Reception
No. 93-65168 of Official Records.
16.
An easement for public utility and incidental purposes, recorded September 22, 1993 as
Reception No. 93-60016 of Offidal Records.
In Favor of: The City of Springfield
Affects: The Easterly portion of Parcel II
17.
An easement for public utility and incidental purposes, recorded March 2S, 1994 as Reel 1935,
Reception No. 94-21981 of Offidal Records.
In Favor of: The City of Springfield
Affects: The Southwesterly portion of Parcel II
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Preliminary Report
Order Number: NCS-303649-QRl
Page Number: 4
18. The terms and provisions contained in the document entitled "Reciprocal Easement Agreement"
recorded April 22, 1994 as Reception No. 94-29763 of Offidal Records.
(Affects The Southwesterly portion of Parcel II)
19. A Deed of Trust to secure an original indebtedness of $7,800,000.00 recorded September 8,
2006 as Reception No. 2006-065774 of Offidal Records.
Dated: . September 5, 2006
Trustor: SC Springfield, LLC, a Delaware limited liability company
Trustee: First American 1itle Insurance Company
Benefidary: MidFirst Bank
Document(s) declaring modifications thereof recorded November 15, 2007 as Reception No.
2007-077124 of Official Records.
20. Evidence of the authority of the individual(s) to execute the forthcoming document for SC
Sprlngfield, L.L.c., copies of the current operating agreement should be submitted Drior to
~.
21. Unrecorded leases or periodic tenancies, if any.
22.
Taxes for the year 2007-2008
Tax Amount:
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property ID/Key No.:
99,345.90
33,115.37, plus interest, if any
01900
1703251102300
1517653
(Affects Parcel I and a portion of Parcel II)
23.
Taxes for the year 2007-2008
Tax Amount:
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property ID/Key No.:
(Affects a portion of Parcel II)
99,176.90
99,176.90, plus interest, if any
01900
1702300001800
0113785
24. The terms and provisions contained in the document entitled "Dedaration of Restrictions"
recorded October 19, 2007 as Reception No. 2007-071865 of Official Records.
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Preliminary Report
Order Number: NCS- 303649-QRl
Page Number: 5
25. The following matters disclosed by an ALTA/AC5M survey made by Branch Engineering, Inc. on
December 28, 2007, designated Job No. 07-193A:
a) Fence encroachments onto the Westerly portion Parcel II
b) Existing 14" PVC storm drain pipe drains to existing ditch in the Southwesterly portion of
Parcel II
c) Existing asphalt parking lot in the Southwesterly portion of Parcel II is being used by adjacent
property owner .
d) The existing sanitary sewer pipe in the Southwesterly portion of Parcel II may not be covered
by an existing public utility easement.
e) Utility pole and anchor encroachment in the Northeasterly corner of Parcel II
f) The existing sanitary sewer pipe in the Southeasterly portion of Parcel II may not be covered
by an existing public utility easement.
-END OF EXCEPTIONS-
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Preliminary Report
Order Number: NC5- 303649-0Rl
Page Number: 6
INFORMATIONAL NOTES
NOTE: This report does not indude a search for Finandng Statements filed in the office of the Secretary
of State, or in a county other tharl the county wherein the premises are situated, and no liability is
assumed if a Rnancing Statement is filed in the office of the County Clerk (Recorder) covering fixtures on
the premises wherein the lands are described other than by metes and bounds or under the rectangular
survey system or by recorded lot and book.
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Preliminary Report
Order Number: NCS' 303649-QRl
Page Number: 7
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE
WE KNOW YOU HAVE A CHOICE!
Cc: Sierra Coast Development
Attn: Cody Johnson
Cc:
Attn:
Cc:
Attn:
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Preliminary Report
Order Number: NCS-303649-QRl
Page Number: 8
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First American Title Insurance Company of Oregon
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SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (10/17/92)
The following matters are expressly excluded from the ~ of this policy and the Company will not. pay loss or damage, costs, attorne)'S' fees or expenses whidl arise
by reason of;
1. (i1) Any law, ordinance or governmental regulatlon (Including bIA: not imited to Wilding and zoning laws, ordinances, or regulatiJns) rest:rlcting, fegula~. prohibiting
or relating to (I) the OCCtJpancy, use, or enjoyment of the land; (M) the character, dimensions or Iocatlon of any irnproYement now or hereafter erected on the land;
(Iii) a separation In ownership or a change In the dimenSions or area of the land or any parcel 01 wlllch the land Is or was a part; or (Iv) environmental protection, or
the effect of any 'riolation of these laws, ._::__L__..... or gcwemffiental regulatiOnS. except: to the extent that a notice 01 the enforcement thereof or a notice of a
defecl.lien or encumbrance resulfug from a viOlation or alleged vioIatlon affectlng the land has been recorded In the publk: records It Date of Policy;
(b) MY governmental police power not. eJlduded by (a) above, except to the extent that a notll:e d the exercise thereof or a notice of iI defect. lien or encumbrilnce
resulting from a violation or alleged violation affecting the land has been recorded in the public rec:ords at Date of Policy.
2. RIghts d eminent domain unleSs nobce of the exercise thereof has been remrded in the public records at Date 01 Policy, but not excluding from coverage any taldng
which has OCOJrred prior to Date of Policy whIdl would be binding on the rights of a purchaser for value WYtthout knowledge.
3. Defects, liens, encumbrances, iK1Yerse claims, or other matters:
{a} ceated, suffm!d, a!.SUmed or agreed to by \:he 'nsured claimant;
(b) not known to the Company, not recorded In the publiC records at Date of Polley, but known to the insured claimant and not disdosed In writing to the Company by
the Insured claimant pIior to the date the Insured claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured claimant;
(d) attcKhing or created subseqUent to Date of Policy (except to the extent: that this policy insures the pIiorlty of the lien of the Insured mortgage over any staMory lien
~ 5efVices, labor or material or the extent Insurance Is affonSed herein as to assessments ~ stn!et Improvements under construction or completed at date of
policy); or
(e) resulting in loss or damage which would not naYe been sustained If the Insun!d claimant I\ad paid value for the Insured mortgage
4. Unenforceability of the lien of the insured mortgage because of the inability or faUure of the InStlrec:l at Date of Policy, or the inability or !'ailure of any Stlbsequert owner
r:J the ~,,~"-'-.,,~,........, to comply with the appfic:able "doing business" laws r:Jthe state In 1NtIlch the land Is Situated.
5. Invalidity or unenforc:eabllity of the lien of the insured mortgage, or claim thereof, which arises 0I.t of the transaction evidenced by the InStlred mortgage and Is based
upon UStlry or any consumer credit protectlon or truth In lending law.
6. Arry statutory lien for services, labor or materials (or the claim r:/ priorty of any statutory lien for services, labor or materials over the lien of the Insured mortgage)
arising from an improvemellt or work related to the land which Is contracted for and commenced subsequent: to Date of Policy and Is not financed In whole or In part by
proceeds of the indebtedness secured by the Insured mortgage whidl at Date r:J Policy the insured has advanced or is obligated to advance.
7. MY claim, which arises out of the transactlon mating the Interest of the mortgagee insured by this polley, by reason of the ~atlOn of federal bankruptcy, state
i~,orsimflarcreditors' rights laws, that is based on:
(I) the transaction creating the Interest: of the insured . '.~. s c. being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the intefest of the Insured mortgagee as a result of the application of the doct1Ine of equitable subordination; or
(Ill) the troms.ad;ion creattlg the interest of the insured mortgaqee being deemed a preferential transfer except where the preferential transfer results from the fa~ure:
(a) to timely record the Instrument of transfer; or
(b) of S!JCh .__......_... to impart notice to a purcha5el" for value or a joudgment Of lien creditor.
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ALTA OWNER'S POLICY (10/17/92)
The following matters are expressly excluded from the coverage of this poIlcy and the company wi. not pay loss or damage, costs, attorneys' fees c. expenses whId1 ariSe
by reason of:
1. (a) My law, ordinance or governmental regulation (Including but not .mited to bulking and zoning laws, ordinances, or regulations) restricting, regulating, pm/'Jibiting
or relamg to (I) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or IocatD1 d any l_ .,... ~__._.. ncM or hereafter erected on the land;
(il) a separatm In ownership or a dNmgein the d\mensioos or area of1:he land or any parcel of which the land is or was a part; or (iv) er. "......_...... protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encLmbrance resulting from a violation or alleged violation affecling the land has been recorded In the public records at Date of Policy.
(b) Atry ",w ~.....~..:al police power not exdlJded by (a) above, except to the extent that a notice of the exerctse thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polley.
2. Rights 01 eminent domain ooless notiCe of the exerclsethereOf has been recorded In the public records at Date of Pdq, but not excluding from coverage any takng
which has occurred prior to Date of PolIcy which would be binding on the rights of a purchaser for value wthout knowledge.
3. DefectS, liens, encumbrances, ~ claims, or other matters:
(a) aeated, suffer1!d, assumed or agreed to by the InStlred claimant;
(b) not known to the Corr1lany, not recorded In the publiC records at Date of Policy, but known to the InSUl'ed claimant and net tIsdo&ed In wliting to'lhe Company by
the Insured claimant prior to the date the Insured claimant became an Insured under this policy;
(c) resull:ing in no loss or damage to the Insured claimant;
(d) attaehing or created subsequent to Date of Policy; or
(e) resulting In loss or damage which would not have been sustained If the InStlred claimant had paid value for the estate or interest Insured by this policy.
4. Ariy claim, which arises out of thetransactlon vesting In the insured the estate or intereSt insured by this policy, by reason of the operation of federal banknJptcy, state
Insolvency, or similar aeditors' rights laws, that Is based on:
(I) the transaction creating the estate or interest insured by this policy b81g deemed a fraudulent conveyance or fraudulent transfer; or
(U) the transaction creating the estate or Interest InStlredl:ly this polley being deemed a preferential transfer except where the preferential transfer results from the
fail~e:
(al totimelyn!Cord1:he1nstl'\lWtef\tof tnnsfer;or
(b) of such. ...' ...._.., to impart notice to a purchaser for value or a judgment 0( lien creditor.
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SCHEDULE OF STANDARD EXCEPTIONS
The ALTA standard polley form wi. contain in Schedule B the following standard exceptions to coYef'age:
1. TaKes or assessments which are not shown as existing liens by the records of any taKing authorty that Ievles taxes or assessments on real property or by the publiC
records; proceeding by a publiC agency which may result In taKes or assessments, or notice r:J such ...__.c.c_~'",~. whether or not shown by the records of such agency or
by the public records.
2. Facts, rights, interests, 0( claims which are not shown by the publiC records but which coulcl be ascertaiOed by an inspecbon of said land or by making Inquiry of persons
In possession thereof.
3. Easements or claims of easement, not shown by the publiC records; reservations or eJlceptions In patents or In Acts authorizing the issuance thereof; water rights, claims
or litIeto water.
4. MY encroachment (of existing improvements located on the subject land onto adjoining land or r:J existing improvements located on adjoining land onto the subject
land), encumbrance, violation, variation, or ~ drcumstance affecting the title that would be disclosed by an acctr.lte and complete land survey of the subject land.
5. Any ~en, or right to a .en, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, ~ by law or not shown by
the public records.
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NOTE: A sPECIMEN copy Of THE POUCY FORM (OR FORMS) Wllt8E RJRNISHED UPON REQUEST
11149 Rev. 6-06
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Preliminary Report
Order Number: NCS-303649-QRl
Page Number: 9
Exhibit "A"
Real property in the County of Lane, State of Oregon, described as follows:
That property described in Property Une Adjustment Deed recorded October 19, 2007 as Reception No.
2007-071866, Deed Records of Lane County, Oregon and being more particularly described as follows:
PARCEL I:
Situated in the City of Springfield, Lane County, State of Oregon in the Northeast 1{4 of Section 25 in
Township 17 South, Range 3 West of the Willamette Meridian and described as follows:
Being a portion of the lands that were conveyed as "Parcell" in that certain Trustees' Deed that was
recorded April 10, 2006 at Recorder's Number 2006-024293 in the Offidal Records of Lane County, State
of Oregon, which portion is more particularly described as follows:
Being a portion of "Parcel 3" of Land Partition Plat Number 94-P0491 as recorded April 19, 1994 in the
Land Partition Plat Records of Lane County, State of Oregon, the perimeter boundary of which portion
being more particularly described as follows:
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BEGINNING at a point on the south line of said "Parcel 3" of Land Partition Plat Number 94-P0491 and
north margin of Marcola Road (which margin is offset 45.00 feet northerly of the north line of the B.B.
Powers Donation Land Claim Number 64 in Township 17 South, Range 2 West of the Willamette
Meridian) that lies South 89057'22" West 263.83 feet from the southeast corner of said "Parcel 3";
thence, leaving said point of beginning and crossing into said "Parcel 3", along the following fifteen
numbered courses: (1) North 44057'15" East 19.81 feet; (2) North 00002'00" West 161.96 feet; (3) South
89058'00" West 188.35 feet; (4) South 83025'02" West 91.24 feet; (5) South 89058'00" West 241.50
feet; (6) North 00002'00" West 341.22 feet; (7) North 89058'00" East 33.48 feet; (8) North 00002'00"
West 329.83 feet; (9) South 89058'00" West 144.65 feet to a point of non-tangent curvature to the right;
(10) along said non-tangent curvature to the right, having a radius center that lies South 70038'23" East
738.51 Feet, a central angle of 4019'30" and a long chord of North 21031'22" East 55.73 Feet, an arc
length of 55.75 Feet to a point of non-tangent line; (11) along said non-tangent line, North 89058'00"
East 38.55 feet; (12) North 44058'00" East 102.82 feet; (13) North 72043'45" East 54.71 feet; (14) South
89050'16" East 636.23 feet; and (15) South 60002'00" East 70.75 feet; to a point on the East line of said
"Parcel 3"; THENCE, along said East line of "Parcel 3" the following one numbered course: (16) South
00002'00" East 763.85 feet to a point that lies North 00002'00" West 175.93 feet from the aforesaid
southeast corner of "Parcel 3"; thence, leaving said East line and point and along the following three
numbered courses: (17) South 89058'00" West 197.82 feet; (18) South 00002'00" East 161.95 feet; and
(19) South 45003'27" East 19.82 feet to a point that lies on the aforesaid South line of "Parcel 3" and said
North margin of Marcola Road; thence, along said south line of "Parcel 3" and said North margin of
Marcola Road, the following one numbered course: (20) South 89057'22" West 80.03 feet returning to
the point of begin.ning.
PARCEL II:
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Situated in the City of Springfield, Lane County, State of Oregon in the Southeast 1/4 of Section 24 and
Northeast 1/4 of Section 25 in Township 17 South, Range 3 West of the Willamette Meridian and in the
Southwest 1/4 of Section 19 and Northwest 1/4 of Section 30 in Township 17 South, Range 2 West of the
Willamette Meridian and described as follows:
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Preliminary Report
Order Number: NCS- 303649-QRl
Page Number: 10
Being a portion of the lands that were conveyed as "Parcell" and all of the lands that were conveyed as
"Parcel 2" in that certain Trustees' Deed that was recorded April 10, 2006 at Recorder's Number 2006-
024293 in the Official Records of Lane County, State of Oregon, which portion is more particularly
described as follows:
Being a portion of "Parcel 2" and a portion of "Parcel 3" of Land Partition Plat Number 94-P0491 as
recorded April 19, 1994 in the Land Partition Plat Records of Lane County, State of Oregon together with
adjoining lands to the east, the perimeter boundary of which being more particularly described as
follows:
BEGINNING at a point on the south line of said "Parcel 3" of Land Partition Plat Number 94-P0491 and
north margin of Marcola Road (which margin is offset 45.00 feet northerly of the north line of the B.B.
Powers Donation Land Claim Number 64 in Township 17 South, Range 2 West of the Willamette
Meridian) that lies South 89057'22" West 263.83 feet from the southeast corner of said "Parcel 3";
thence, leaving said point of beginning and crossing into said "Parcel 3", along the following fifteen
numbered courses: (1) North 44057'15" East 19.81 feet; (2) North 00002'00" West 161.96 feet; (3) South
89058'00" West 188.35 feet; (4) South 83025'02" West 91.24 feet; (5) South 89058'00" West 241.50
feet; (6) North 00002'00" West 341.22 feet; (7) North 89058'00" East 33.48 feet; (8) North 00002'00"
West 329.83 feet; (9) South 89058'00" West 144.65 feet to a point of non-tangent curvature to the right;
(10) along said non-tangent curvature to the right, having a radius center that lies South 70038'23" East
738.51 Feet, a central angle of 4019'30" and a long chord of North 21031'22" East 55.73 Feet, an arc
length of 55.75 Feet to a point of non-tangent line; (11) along said non-tangent line, North 89058'00"
East 38.55 feet; (12) North 44058'00" East 102.82 feet; (13) North 72043'45" East 54.71 feet; (14) South
89050'16" East 636.23 feet; and (15) South 60002'00" East 70.75 feet; to a pOint on the East line of said
"Parcel 3"; thence, along said East line of "Parcel 3" the following one numbered course: (16) South
00002'00" East 763.85 feet to a point that lies North 00002'00" West 175.93 feet from the aforesaid
southeast corner of "Parcel 3"; thence, leaving said East line and point and along the following three
numbered courses: (17) South 89058'00" West 197.82 feet; (18) South 00002'00" East 161.95 feet; and
(19) South 45003'27" East 19.82 feet to a point that lies on the aforesaid South line of "Parcel 3" and said
North margin of Marcola Road; thence, along said south line of "Parcel 3" and said North margin of
Marcola Road, the following one numbered course: (20) North 890 57'22" East 183.80 feet to said
southeast corner of "Parcel 3"; thence, along said North margin of Marcola Road, the following one
numbered course: (21) North 89053'35" East 235.82 feet to the southwest corner of the lands that were
conveyed for public road purposes in that certain "Bargain and Sale Deed" that was recorded September
22, 1993 in Reel 1880R at Reception Number 9360016 in the Offidal Records of Lane County, State of
Oregon which southwest corner and conveyed lands are shown on the survey map by Daniel W. Baker
that was filed August 26, 1996 as CSF Number 33731 in the office of the County Surveyor of Lane
County, State of Oregon; thence, along said west margin of said conveyed lands, the following eight
numbered courses: (22) North 45004'29" East 43.19 feet; (23) North 00002'23" West 56.00 feet to a
point of non-tangent curvature to the right; (24) along said non-tangent curvature to the right, having a
radius center that lies South 89058'13" East 505.00 Feet, a central angle of 7003'33" and a long chord of
North 03033'34" East 62.18 Feet, an arc length of 62.22 Feet to a point of non-tangent line; (25) along
said non-tangent line, North 21000'50" East 122.20 feet to a point of non-tangent curvature to the right;
(26) along said non-tangent curvature to the right, having a radius center that lies South 6g003'10" East
490.00 feet, a central angle of 43007'26" and a long chord of North 42030'33" East 360.16 Feet, an arc
length of 368.80 Feet to a point of non-tangent line; (27) along said non-tangent line, North 64005'11"
East 579.54 feet to a point of non-tangent curvature to the left; (28) along said non-tangent curvature to
the left, having a radius center that lies North 25057'51" West 365.00 Feet, a central angle of 63056'04"
and a long chord of North 32004'07" East 386.49 Feet, an arc length of 407.29 Feet to a point of non-
tangent line that lies on the west margin of 31st Street as said margin is shown on said survey map by
Daniel W. Baker; and (29) along said west margin of 31st Street the North 00002'05" West 377.27 feet to
the northwest comer of said conveyed lands; thence, along the north line of said conveyed lands the
following one numbered course: (30) North 89057'55" East 5.00 feet to a point on the west margin of
said 31st Street as said margin was established in that certain Bargain and Sale Deed that was recorded
October 19, 1955 at Reception Number 68852 in the Official Records of Lane County, State of Oregon,
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Preliminary Report
Order Number: NCS- 303649-QRl
Page Number: 11
which margin is offset 30.00 feet westerly by perpendicular measurement from the centerline of said
street; thence, along last said west margin, the following one numbered course: (31) North 00002'05"
West 738.89 feet to a point on the south margin of the Eugene Water and Electric Board Utility Corridor
as said corridor was conveyed to the City of Eugene by that certain Warranty Deed that was recorded
October 27, 1947 in Book 359 at pages 285-286 in the Deed Records of Lane County, State of Oregon;
thence, along said south margin of the Eugene Water and Electric Board Utility Corridor and the north
line of said "Parcel 3" of Land Partition Piat Number 94-P0491 the following one numbered course: (32)
South 79042'00" West 2393.70 feet to the northwest corner of said "Parcel 3" as said corner is common
with the northeast corner of the plat boundary of "Austin Park South" as platted and recorded November
18, 1993 in Rle 74 at Slides 132-134 in the Plat Records of Lane County, State of Oregon; thence, along
the east and south lines of said plat of "Austin Park South", the following two numbered courses: (33)
South 00002'16" East 909.63 feet and (34) South 89057'41" West 260.13 feet to a point on the east plat
boundary of "Loch Lomond Terrace Rrst Addition" as platted and recorded August 12, 1965 in Book 46 at
page 20 in the Plat Records of Lane County, State of Oregon; thence, along said east plat boundary, the
following one numbered course: (35) South 00002'00" East 112.88 feet to a point on the north plat
boundary of "Nicole Park" as platted and recorded December 21, 1992 in Rle 74 at Slides 30-32 in the
Plat Records of Lane County, State of Oregon; thence, along said north plat boundary and the east plat
boundary of said "Nicole Park", the following two numbered courses: (36) North 89058'00" East 6.20
feet; and (37) South 00003'40" East 259.95 feet to a point on the north line of "Parcel 2" of said Land
Partition Plat Number 94-P0491; thence, along said north line of "Parcel 2" the following one numbered
course: (38) SOUTH 89057'37" West 99.65 feet to a point lying on the northerly extension of the east line
of "Parcel 1" of said Land Partition Plat Number 94-P0491, which point is the northeast corner of the
lands that were described in "Exhibit A" of that certain "Dedaration of Property Line Adjustment" that
was recorded April 7, 1997 in Reel 2281R at Reception Number 9722969 in the Offidal Records of Lane
County, State of Oregon; thence, along said northerly extension and said east line as described in said
"Dedaration of Property Line Adjustment", (39) South 00002'16" East 515.90 feet to the southeast corner
of said "Parcel 1 as said corner lies on the aforesaid north margin of Marcola Road; thence, along the
south line of said "Parcel 3" and north line of Marcola Road, the following one numbered course: (40)
North 89057'22" East 1155.39 feet returning to the point of beginning.
PARCEL III:
An easement for ingress, egress and parking as described in that certain Declaration of Restrictions and
Grant of Easements, recorded March 17, 1989 as Reception No. 89-11762, as amended by instruments
recorded October 31, 1989 as Reception No. 89-49055 and recorded May 10, 1991 as Reception No. 91-
21698.
PARCEL IV:
An easement for ingress, egress, parking and sign purposes as described in that certain Redprocal
Easement Agreement recorded April 22, 1994 as Reception No. 94-29763.
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JUL 3 0 2008
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SATRE ASSOCIATES, P.C.
Planners. landscape Architects and EnvilOnmental Specialists
101 East Broadway, Suite 480, Eugene, Oregon 97401
(5411465-4721 . Fax 1541) 465-4722 · 1-800-662-7094
www.satrepc.com
July 18. 2008
THE VILLAGES AT MARCOLA MEADOWS, PHASE I
TREE FELLING PERMIT APPLICATION
WRITTEN STATEMENT
General Information
Project:
The Villages at Marcola Meadows
Springfield, Oregon
North of Marcola Road and West of 28th & 31 st Street in Springfield, Oregon
Map 17-02-30-00 and 17-03-25-11; Lots 1800 and 2300
100.38 acres
Vacant field
Location:
Map and Tax Lot:
Site area:
Site condition:
Owner and Aoolicant
SC Springfield, LLC
7510 Longley Lane, Suite 102
Reno, Nevada 89511
(7751853-4714 · Fax (775)853-4718
Contact: Jeff Belle
jbelle@jhbinc.com
Proiect Develooer
The Martin Company
PO Box 1482
Albany. Oregon 97321
1541)926-1629 . Fax (541) 967-0336
Contact: Bob Martin
bmartin@jhbinc.com
Planner / Landscaoe Architect L
Environmental Soecialist
Satre Associates, P.C.
101 East Broadway, Suite 480
Eugene, Oregon 97401
(541)465-4721 · Fax (5411465-4722
Planner & Landscape Architect
Contact: Rick Satre, AICP, ASLA
r.satre@satrepc.com
Civil Enoineer / Survevor
Branch Engineering,lnc.
310 Fifth Street
Springfield, Oregon 97477
1541) 746-0637 · Fax (541) 746-0389
Contact: Lane Branch, PE
lane@branchengineering,com
PRE-SUBMITIAl REC'D
JUL S 0 2008
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The Villages at Marcola Meadows. Phase I
Tree Felling Permit - Written Statement
Julv 18. 2008
Page 2 of 8
I. Land Use Request
The applicant proposes a phased, mixed-use development on 100,38 acres called The Villages at
Marcola Meadows IMarcola Meadows) in Springfield, comprised of residential, office and retail
"villages" .
The proposed master plan development is located north of Marcola Road and West of 28th and 3151
Street. The 100,38 acre site is currently a vacant field. Pierce Ditch, a drainage ditch, bisects the
property east to west. Residential, commercial, and industrial land uses are located adjacent to the
property. The topography of the site is generally very flat with seasonal wetlands.
The proposed development consists of a total of 518 dwelling units on 38.19 acres (13.56 units per net
acre), and 449,600 square feet (sq. ft.) of retail! office use on 42.28 acres. There are 19.91 acres of
right-of-way within the residential and commercial area, 11.79 acres of common open space including
4.01 acres of wetland mitigation as compensation for impacted wetlands currently on site. The wetland
mitigation area will include approximately 2.1 acres of palustrine wetlands/waters and approximately
1.9 acres of vegetated wetland buffer containing uplands and transitional zones. The mitigation areas
will be graded so as to provide a level of hydrology essential for above mentioned habitats.
The entire site will be impacted through development. Mass grading affecting wetlands/watervvays
and existing trees will occur at the onset of the project. The filling of a portion of the Pierce Ditch and
the construction of Martin Drive and Belle Boulevard comprise the major impacts to existing trees.
Construction will start approximately in summer 2008.
Replacement trees will be integrated into the proposed improvements including street trees, trees in
stormwater quality facilities, common open space enhancements and wetland mitigation. Replacement
tree species in the mitigation area will include Big Leaf Maple, Alder, Douglas Hawthorne, Oregon Ash,
Oregon White Oak, Douglas fir and more. They will be 1-2 gallon trees, Street tree species will include
red maples, ashes, plane tree and more. They will be 2 inch caliper per Springfield Development Code.
Trees in stormwater quality facilities will include species such as cedar, alder, maple and more. The
total number of replacement trees during the first phase of development is 1.008.
II. Tree Felling Proposal
SC Springfield, LLC seeks Tree Felling Permit approval for the removal of one hundred thirteen 11131
trees (including six (61 street trees) and two 12) tree thickets with a diameter at breast height (dbh) of 5
inches or larger. There are one hundred sixty one (161) existing trees (including street treesl and three
(3) tree thickets with a dbh of 5 inches or larger located on the site. The location, size and species of
the existing trees are shown on sheet TP1, Existing Trees and TP2, Tree Removal Plan. Proposed
landscaping, including replacement trees, is shown on sheet L 1, Street Planting Plan and L2, Greenway
and Storm water Planting Plan.
The vast majority of trees intended for removal will be directly impacted by the filling of Pierce Ditch.
Beyond this, grade changes required for establishing the wetland mitigation area, the construction of
Satre Associates, P. C.
PRE.SUBMITTAl RECID
JUL 3 0 2008
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The Villages at Marcola Meadows, Phase I
Tree Felling Permit - Written Statement
Julv 18. 2008
Page 3 of 8
Martin Drive and Belle Boulevard, and street improvements along 31st Street during the first phase of
the development necessitate the removal of additional trees.
11/, Trees: Existing, to be removed, salvaged and to remain
There are one hundred sixty one (161) existing trees and three (3) tree thickets with a diameter breast
height (dbh) of five inches or larger located on the site Isee Table 1 and Sheet TP2, Tree Removal Plan).
Of these, one hundred fifty four (154) trees are deciduous and seven (7) are coniferous (Douglas fir).
Tree species include alder, cottonwood, Douglas fir, hawthorn, linden, and maple. Sheet TP2, Tree
Removal Plan and Table 1 are divided into subareas A through G larea F is further divided into areas 1
through 5 as shown on Sheet TP2j.
TABLE I. EXISTING TREES
Area AM AP AR CD CM PLUM PM PT TC TOTAL
A 0 0 0 0 0 0 0 15 0 15
B 0 0 0 1 0 0 0 0 0 1
C 1 0 0 0 0 0 2 0 0 3
D 1 0 0 0 0 1 0 5 0 7
E 0 0 1 0 2 0 4 26 0 33
F 42 4 0 2 3 0 1 4 0 56
G 0 0 0 0 0 0 0 0 46 46
TOTAL I 44 4 1 3 5 1 7 50 46 161
AM - ACER MACROPHYLLUM (BIG LEAF MAPLE) CD - CRATAEGUS DOGLAslI (BLACK HAWTHORNI PT - POPULUS TRICHOCARPA (COTTONWOOD)
AP - ACER PLATANOIOES (NORWAY MAPLE) CM - CRATAEGUS MONOGYNA (HAWTHORN) TC - TllIA COROATA (LITTLE LEAF lINOENI
AR - ALNUS RUBRA (REO ALDERI PM - PSEUOOTSUGA MENZIESII(DOUGLAS fiR)
The proposed development on the site will remove a total of one hundred thirteen (113) trees and two
(2) thickets due to the impacts of construction. Table 2 and Sheet TP2, Tree Removal Plan show the
trees to be removed. See discussion under SDC 5.19-1 Z5(A) for more detailed information.
TABLE 2. TREES TO BE REMOVED DUE TO IMPACTS FROM CONSTRUCTION
Area AM AP AR CD CM PLUM PM PT TC TOTAL
A 0 0 0 0 0 0 0 15 0 15
BOOOl 000001
C 1000002003
D 1000010507
E 0 0 1 0 2 0 4 26 0 33
F 34 4 0 2 3 0 1 4 0 46
GOO 0 0 0 0 0 066
TOTAL I 36 4 1 3 5 1 7 50 6 113
AM - ACER MACROPHYlLUM (BIG LEAF MAPLE) CD - CRATAEGUS DOGLAslI (BLACK HAWTHORN) PT - POPULUS TRICHOCARPA (COTTONWOOD)
AP- ACER PLATANOIOES (NORWAY MAPLE) CM - CRATAEGUS MONOGYNA (HAWTHORN) TC - TllIA COROATA (LITTlE LEAF lINOENI
AR - ALNUS RUBRA IREO ALDERl PM - PsWDDTSUGA MENZIESlIlDoUGLAS FIR)
PRE.SUBMI1TAl REC'O
JUL 3 0 2008
Satre Associates, P. C.
Planners, landscape Architects, Environmental Specialists
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The Villages at Marcola Meadows. Phase I
Tree Felling Permit - Written Statement
Julv 18. 2008
Page 4 of 8
As a component of the mitigation efforts for the re-Iocated Pierce Ditch the applicant proposes to
salvage thirty-nine (39) trees and to use them as organic woody debris within the Pierce Ditch
mitigation work. Table 3 and Sheet TP2, Tree Removal Plan show the trees to be salvaged.
TABLE 3. TREES TO BE SALVAGED
Area AM AP AR
A 0 0 0
BOO 0
C 1 0 0
D 100
E 000
F 20 0 0
GOO 0
TOTAL 22 0 0
AM - ACER MACROPHYLLUM (BIG LEAf MAPlE)
AP- ACER PLATANOIDES (NORWAY MAPLEI
AR - ALNUS RueRA (REO ALDER)
CD CM PLUM PM
o 0 0 0
o 0 0 0
o 0 0 2
o 0 0 0
o 0 0 4
000 1
000 0
o 0 0 7
CD - CRATAEGUS DDGLASIIIBLACK HAWTHORN)
CM -CRATAEGUS MONOGYNA (HAWTHORN)
PM - PSEUOOTSUGA MENZIESII (DOUGLAS FIR I
PT TC TOTAL
5 0 5
o 0 0
o 0 3
o 0 1
2 0 6
3 0 24
o 0 0
10 0 39
PT - POPULUS TRICHOCARPA (COTTONWOOO)
TC - TllIA COROATA (lITTlElEAf LINDEN)
A total of forty-eight (48) trees and one hawthorn (1) thicket (Area F, Subarea 51 will remain on the site
following tree removal. In addition, the applicant proposes to plant 491 new trees (plus an additional
517 trees in the greenway area); the replacement ratio is approximately 4,3:1. Remaining tree species
will include maple, linden and hawthorn. See Table 4 and Sheet TP2, Tree Removal Plan for the
species, sizes and location of trees proposed for preservation as well as proposed grading and
improvements.
Tree removal will be completed by a contractor licensed to do the work using accepted site clearing
and tree felling techniques and procedures. On site supervision will be present at the time of removal
to ensure that no damage to surrounding trees or properties occurs. Ingress and egress will be taken
via haul routes as shown within the attached plan set. See discussion under SDC 5.19-125(EI for more
detailed information.
TABLE 4. TREES TO REMAIN
Area AM AP AR CD CM PLUM PM PT TC TOTAL
A 0 0 0 0 0 0 0 0 0 0
B 0 0 0 0 0 0 0 0 0 0
C 0 0 0 0 0 0 0 0 0 0
D 0 0 0 0 0 0 0 0 0 0
E 0 0 0 0 0 0 0 0 0 0
F 8 0 0 0 0 0 0 0 0 8
G 0 0 0 0 0 0 0 0 40 40
TOTAL I 8 0 0 0 0 0 0 0 40 48
AM - ACER MACROPHYLLUM (BIG LEAf MAPLE) CD - CRATAEGUS DOGLASII(BLACK HAWTHORN) PT - POPULUS TRICHOCARPA (COTTONWOOD)
AP - ACER PLATANOIOES (NORWAY MAPLE) CM - CRATAEGUS MONOGYNA (HAWTHORN) TC - TllIA COROATA(lITTlE LEAf lINOEN)
AR - ALNUS RueRA IREO ALOER) PM - PSEUDOTSUGA MENZIESIIIDOUGLAS FIR)
PRE.SU.rre~
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The Villages at Marcola Meadows. Phase I
Tree felling Permit - Written Statement
Julv 18. 2008
Page 5 of 8
IV. Supporting Facts and Findings
This section addresses the applicable Tree Felling Permit Standards contained in SDC 38.040.
Applicable approval criteria are outlined in italics below, followed by proposed findings of fact in
normal text.
Approval Criteria - Tree Felling Standards
5.19-125 Criteria
The director, in consultation with the Public Works Director and the Fire Chief shall approve, approve with
conditions or deny the request based on the following criteria:
A. Whether the conditions of the trees with respect to disease, hazardous or unsafe conditions, danger of
falling, proximity to existing structures or proposed construction, or interference with utility services or
pedestrian or vehicular traffic safety warrants the proposed felling.
Resoonse: Trees are proposed for removal based on their condition and/or their location in proximity to
existing site developments to be removed or proposed site improvements to be constructed. Fifty- nine (59)
trees will be removed from along the slopes of the Pierce Ditch (areas A through E), portions of which will
be widened, deepened or filled and mitigated on-site. Fifteen (15) of the trees removed from areas A
through E will be salvaged for use as large woody debris in the mitigation site. No trees are scheduled to
remain in Areas A through E following removal. An additional. fifty-four (541 trees will be removed from
areas F and G due to construction activities within the adjacent public rights-of-way.
As such this criterion is met. Listed below are the trees to be removed by Area; see Sheet TP2, Tree
Removal Plan and Table 4 (abovel for additional information.
. AREA A: Fifteen (15) cottonwoods are proposed to be removed. These trees need to be removed as
part of the filling and relocation of the ditch. The applicant intends to re-Iandscape the new
stormwater and mitigation feature.
. AREA B: One (1) Hawthorn is proposed to be removed along the ditch to be widened and deepened,
. AREA C: Two (21 Douglas firs and one (1) Big Leaf Maple are proposed to be removed along the
ditch to be filled and relocated.
. AREA 0: Five (51 Cottonwoods, one (1) Plum, one (1) Big Leaf Maple and one (1) thicket (containing
apple, alder and hawthorn) are proposed to be removed along the ditch to be filled and relocated.
. AREA E: Twenty-six (26) Cottonwoods, two (2) Hawthorns, one (1) Alder, four (4) Doug firs and one
(1) Cherry thicket are proposed to be removed along the ditch to be filled and relocated
. AREA F:
Satre AssDciates, p_ C.
o Subarea 1: One (1) Hawthorn and four (4) Norvvay Maples are located in close proximity of
the proposed intersection of Martin Drive and 31 Sl Street and an adjacent storm water
feature and therefore are proposed to be removed.
o Subarea 1 Sixteen (16) Big Leaf Maples, one (1) hawthorn and four (4) Cottonwoods are
located within the area of proposed street improvements along 31 Sl Street and are
PRE.SUBMITTAl REC'O
JUL 3 0 2008
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The Villages at Marcola Meadows. Phase I
Tree Felling Permit - Written Statement
Julv 18, 2008
Page 6 of 8
proposed to be removed and for use as large woody debris in the mitigation area.
Assessment during construction set-up will determine whether trees in this particular area
can be saved.
o Subarea 1 Fifteen (15) Big Leaf Maples and one (11 Doug fir are proposed for removal
because of proposed street improvements along the west side of 31 st Street or for use as
large woody debris in the mitigation area.
o Subarea 4: Three (3) Big Leaf Maples and three (3) Hawthorns are proposed for removal
because of proposed street improvements along the west side of 31 st Street or for use as
large woody debris in the mitigation area. One (11 Big Leaf Maple will be assessed during
construction set-up to determine whether it may be retained in this area.
o Subarea 5: One (1) Big Leaf Maple and a thicket of hawthorn will be assessed during
construction set-up to determine whether they will be retained in this area.
. AREA G: Three 13) Lindens are located within the proposed intersection of Belle Boulevard and 28th
Street and therefore are proposed to be removed. Three (3) Lindens are located within the
extension of the stormwater ditch along 31 st street (opposite U Street) and therefore are proposed
to be removed.
B. Whether the proposed felling is consistent with State standards, Metro Plan policies and City ordinances
and provisions affecting the environmental quality of the area, including but not limited to, the protection of
nearby trees and windbreaks; wildlife; 'erosion, soil retention and stability; volume of surface runoff and
water quality of streams; scenic quality; and geological sites.
Resoonse: The environmental quality of the site and the surrounding area will not be significantly impacted
by the trees' removal. Excluding Pierce Ditch and the swale along 31 st Street, the site is flat to gently
sloping and is not subject to erosion or other soil retention or stability issues requiring the trees' retention.
Existing herbaceous vegetation currently covers the ground, thereby providing soil stabilization. The trees
proposed for removal are located within an existing urban setting and more than half of the trees proposed
to be removed are located along the slopes of Pierce Ditch. Portions of this ditch will be filled and mitigated
on site. During filling and tree felling, measures will be taken in conformance with the approved Joint
Permit Application and the Engineering Design Standards and Procedures Manual of the City of Springfield
to minimize disturbance of wildlife, erosion and secure soil retention and stability.
ReSDonse: Removal of trees along 31st Street is not expected to have an adverse impact on any other trees
in the area. Trees to remain will be clearly flagged, identified, and protected from damage by fencing prior
to removal of adjacent trees and other site clearing work. Fencing will remain in place throughout the
construction period (see sheet TP2 - Tree Removal Plan). All felling and removal activities will be
performed in a manner which minimizes site impacts, including but not limited to: soil compaction around
trees to be preserved, soil compaction in the root zones of any trees, and damage to trunks of trees to be
preserved. Any soil and debris tracked into the street by vehicles and equipment leaving the site will be
cleaned up with shovels in a timely manner and not washed into the storm drain.
Satre Associates. P. C.
PRE.SUBMITTAl REC'O
JUL 3 0 2008
Planners. Landscape Architects. Environmental Specialists
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The Villages at Marcola Meadows. Phase I
Tree felling Permit - Written Statement
Julv 18, 2008
PRE.SUBMITTAl REC'O
JUL 3 0 2008
Page 7 of 8
C. Whether it is necessary to remove trees in order to construct proposed improvements as specified in an
approved development plan, grading permits and construction drawings.
Resoonse: A development plan (Tentative Subdivision Application) has been submitted concurrent with this
Tree Felling Application in accordance with the Tentative Subdivision criteria. In addition, the applicant
recently received approval for The Villages at Marcola Meadows Final Master Plan. As part of that
application, grading and site improvement details have also been submitted. Removal of the trees is
necessary in order to construct the proposed development. Additional applications are submitted concurrent
with this application including Public Improvement Plans (public and private).
O. In the event that no Development Plan has been approved by the City, felling of trees will be permitted
on a limited basis consistent with the preservation of the site's future development potential as prescribed
in the Metro Plan and City development regulations, and consistent with the following criteria.
Resoonse: Approval of this tree felling permit is contingent upon approval of the concurrent Tentative
Subdivision application. Therefore, this criterion does not apply.
E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the
trees to be felled.
Resoonse: Re-vegetation of the site will be addressed in several phases. During the first phase street trees
along Martin Drive, Belle Boulevard, the re-constructed Marcola Road, parts of 31st Street, and trees in the
mitigation site will replace existing trees to be removed on the site. The Planting Plan attached with this
application includes the first phase of work and specifies the installation of 1,008 new trees: three-hundred
forty-five (345) street trees, one-hundred forty-six (146) trees in water quality swales, and five-hundred
seventeen (517) trees in the greenway area. Counting only the street trees and trees in the water quality
swales 1491). this is a replacement of approximately 4.3:1 for every tree of 5 inches dbh or larger which will
be removed from the site. Additional Phase I landscape work includes shrubs, groundcovers and extensive
native materials in the mitigation and swale areas. Further phases of work anticipate the planting of street
trees along the streets in the residential areas, trees in parking lots in the commercial. retail and
professional office areas. Because of the 4.3:1 tree replacement ratio and the four (4) acres of wetland
mitigation, new vegetation and trees are an adequate substitute for the felled tress and this criterion is
satisfied.
F. Whether slash left on the property poses significant fire hazard or liability to the City.
Resoonse: All slash will be removed from the site in order to accommodate the proposed development. No
slash or other fire hazard posing liability to the City will result from the proposed removal of the trees.
Trees to be salvaged for use within the mitigation site will be stored in a manner so as to minimize any
hazard or liability to the city. Any material not used in the mitigation site will be removed from the site.
Therefore, this criterion is met.
G. Whether the felling is consistent with the guidelines specified in the Field Guide to Oregon Forestry
Practices Rules published by the State of Oregon, Department of Forestry, as they apply to the northwest
Oregon region.
Resoonse: The proposed tree felling is compatible with all applicable guidelines in the professions of
forestry, horticulture, and landscape architecture. The Oregon Department of Forestry, through its
Community and Urban Forestry program, advocates for selecting appropriate tree species based on site
Sane Associates, P. C.
Planners, landscape Architects, Environmental Specialists
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The Villages at Marcola Meadows. Phase I
Tree felling Permit - Written Sta1ement
Julv 18, 2008
Page 8 of 8
conditions, using native species where possible, avoiding invading exotics, and reforesting our urban
environment. As discussed above, the applicant has chosen species that are listed on Springfield's
approved species list and which are compatible with commercial scale development. Therefore, the Oregon
Department of Forestry objectives have been met by this tree felling proposal and this criterion is met.
H. Whether transportation of equipment to and equipment and trees from the site can be accomplished
without a major disturbance to nearby residents.
Resoonse: Tree felling activities will take place in the context of developing the site. Construction access to
the site will be from haul routes as shown within the attached plan set. Tree felling activities will take
place between the hours of 8:00 am and 5:00 pm and will be of limited duration. Therefore, it is not
expected that the tree felling will result in any major disturbance to nearby residents and this criterion is
met.
V. Conclusion
This application demonstrates that the proposed tree removal and replacement plan is sufficient to meet
applicable criteria. While this application proposes to remove one hundred thirteen (1131 trees, a total of
forty-eight (48) trees five (5) inches dbh or larger will remain. Therefore, this is a development that can
proceed to build-out with little additional impact to remaining existing trees. The applicant proposes to
replace trees removed from the site as well as plant a substantial number of additional trees. An automatic
irrigation system will be provided to assure that the trees are adequately watered. The irrigation system
will be temporary in the mitigation site and its upland areas, operating perhaps for three years, or until the
trees are well established. Irrigation in the street tree areas will be installed permanently.
Thank you for reviewing this tree felling permit application. If you have any questions, please contact Rick
Satre at Satre Associates (541-465-4721). We look forvvard to moving this application to a successful
outcome.
PRE.SUBMITTAl RECIO
JUL 3 0 2008
Satre Associates, P. C.
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THE VILLAGES AT MARCOLA MEADOWS
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SPRINGFIELD, OREGON
TREE FELLING PERMIT APPLICATION
SCHEDULE OF DRAWINGS
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THE VILLAGES AT MARCOLA MEADOWS
TREE FELLING PERMIT APPLICATION
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