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HomeMy WebLinkAboutApplication APPLICANT 4/22/2008 t :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 land Division Tentative Plan Partition, Subdivision PRE.SUBMITTAl REC'O APR 2 2 2008 pplication'Type . " '(Applicant: check one) . - Partition Tentative Pre-Submittal: Partition Tentative Submittal: [8J Subdivision Tentative Pre-Submittal: o Subdivision Tentative Submittal: D 0- Requir:ed Project InJormation (Applica'r~:'complete this section) Applicant Name: Jim McLaughlin [company: [Address: " IAPPlicant's Rep.: !company: IAddress: , I Helfrich Family Revocable Living Trust - Dean & Gayle Property Owner: Helfrich rn_Tm<tee< Icompany: ' [Address: , I I TAX LOT ASSESSOR'S MAP NO: 17-03-24-00 ~IOLC'"'- I Property Address: 2833 North 20th Street Springfield, OR 97477 I Size of Property: 1,03 /Proposed Name of Subdivision: N/A , 2428 Ranch Drive Springfield, OR 97477 2587 North 19th Street Springfield, OR 97477 Phone (541) 729-4886 Fax: (541) 736-0954 Phone . ' Fax: Phone Fax: 500 'Acres [8J Square Feet D I Description of If you are filling in this form by hand, please attach your prqposal description to this application. ProDosal: Partition the property into two parcels I Existinq Use: Sirlgle Family Residential I I Avg. Lot/Parcel # of Lots/Parcels: 2 ...:~_ 23,958 Si natures: Please si nand rint our name and date in thea ; I ~ensity 2 du/acre riate box on the next Associated APPlications:2DrJr..D7- (/XY17 , Ipre-sub Case No.: P(L~(X(- ()lVl~1 Date: 1/ )110~ : I r~p(t:tt:-p I {. I CEo NO.: (LJ J/)()l - DO 7) Q'1 Date: - I Technical Fee: $ I Postage Fee: $ I PROJECT NUMBER: PAJ2.oo7-600q1 01" ;" " :._ Application Fee: $ TOTAL FEES: $ .1)05.00 I . ._. f ~..w ., ~ "",,,," <.. Revised 1/1/08 Molly Markarian , . - Signs: I Reviewed by: I Reviewed by: - ;1,tlltL-1 I 1 of 10 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. Owner: [) \..o..~ 'J. ~~~'-U, Signature Date: 4-r- ~(-08 Print '~ "\ .eA.V\ ,.. ,-:4~, \ \. '('\L l-'- ~ Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted, This statement serves as written notice pursuant to the requirements of ORS 227,178 pertaining to a compiete application, Owner: Date: Signature; " Print PRE.SUBMITTAL REC'O APR 22 2008 . Revised 1/1/08 Molly Markarian 2 of 10 Land Division Tenta....re Submittal Requirements ",.lecklist NOTE: . ALL of the following items MUST be submitted for BOTH Pre-Submittal and Submittal. . If you feel an item on the list below does not apply to your specific application, please. state the reason why and attach the explanation to this form. o /0 4J ~ /0 o o o o o 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. Any applicable application, technology, and postage fees are collected at the pre-submittal and submittal stages. Land Division Tentative Application Form Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken. Copy of the Deed Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances. Copy of the Land Division Plan Reduced to 8'h"x 11", which will be mailed as part of the required neighboring property notification packet. Right-of-Way Approach Permit Application provided where the property has frontage on an Oregon Department of Transportation (ODOT) facility. Three (3) Copies of the Stormwater Management System Study with Completed Storm water Scoping Sheet Attached - The plan, supporting calculations, and documentation must be consistent with the Engineering Design Standards and Procedures Manual. Three (3) Copies of the Traffic Impact Study prepared by a Traffic Engineer in accordance with SDC 4.2-105 AA. Traffic Impact Studies (TIS) allow the City to analyze and evaluate the traffic impacts and mitigation of a development on the City's transportation system. In general, a TIS must explain how the traffic from a given development affects the transportation system in terms of safety, traffic operations, access and mobility, and immediate and adjoining street systems. A TIS must also address, if needed, City, metro plan and state land use and transportation policies and objectives. Seven (7) Copies of the Following Plan Sets for Pre-Submittal OR Eighteen (18) Copies of the Following Plan Sets for Submittal o All of the following plans must include the scale' appropriate to the area involved and sufficient to show detail of the plan and related data, north arrow, and date of preparation. o All plan sets must be folded to 8V2" by 11" and bound by rubber bands. a. Site Assessment of Existing Conditions PRE.SUBMITTAl REC'O o Prepared by an Oregon licensed Landscape Architect or Engineer o Vicinity Map APR 2 2 2008 Revised 1/1/08 Molly Markarian 4 of 10 .,1\ , \ ;. APPLICANT'~ -JfATEMENT AND SUBMIT1,_.LJ CRITERIA ANALYSIS FOR THE HELFRICH FAMILY REVOCABLE LIVING TRUST LAND DIVISION APPLICATION CITY OF SPRINGFIELD, OREGON APPLICATION DATE: March 17th, 2008 APPLICANT Jim McLaughlin 2428 Ranch Drive Springfield, OR 97477 Phone 541-729-4886 PROPERTY OWNER Helfrich Family Revocable Living Trust - Dean & Gayle Helfrich Co-Trustees 2587 North 19th Street Springfield, OR 97477 LOCATION: Assessor's Map 17-03-24, Tax Lot 500 REQUEST: Land Division Tentative Approval for a 2 Parcel Partition I PROJECT SUMMARY This application is for tentative approval to divide a 1.1 acre parcel into two parcels of .65 acre and .45 acre. The property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-IO). The site is in Lane County but is within the urban growth boundary of Springfield. The applicant is not planning to annex the property. The property is used for residential purposes and currently has a single family dwelling. The subject property is currently serviced by the following utilities: Electric: Springfield Utility Board (SUB) Water: Rainbow Water District Gas: NW Natural PRE-5UBMITTAl REC'O APR 2 2 2008 Telephone: QWest Cable Television: Comcast Sanity: On Site Septic This application is to be processed under a Type II Land Division Tentative Plan. II DEVELOPMENT REVIEW APPLICATION CRITERIA The Development Review Application Requirements for Land Divisions is defined in the Springfield Development Code Section 5.12-105 through 5.12-120. This section shows the application criteria in grey text boxes with narratives on how the applicant has meet each of the following requirements. Helfrich Applicalion Narrative Page 1 of 10 Land Divisions', 5.,12-105 D.1 - Applicability. The 'Partition process ,~pplies within lhe city limits and the City's urbanizable area, Generally, no more ,than 3 parcels may be created from one tract of land in the City's urbanizahle area until annexalion, as specified in Section 5.} 2-125J2,b, iii./02) The property is located outside the Springfield City Lirnits but within the Urban Growth Boundary. The proposed division is to result in Two(2) parcels. 5.12-11Q Tentative Plan Review, TentativePlansare re.viewed under Type /I procedure, 5.12-115 Tentative Plan - General. Any residential land division shall conform 10 the following standards: A. The lot/parcel dimensions shall conform to theminimumstandard~ of this Code, When lots/parcels are more ,thay! double the minimum area permitted by the zoning district, the Director shall require thatthese.lots/parcels be arranged: 1.1'0 allqw redivision; and 2. '{o allow for the extension of streets to serve future lots/parcels, 3. Placement of structures on the larger lots/pai'cels shall be subject to approval by the Director upon a determination that the potential maximum, density of the larger 101/parcel is nol impaired In order'to make this determination, the Director mayrequire a Future Development Plan as specified in Section 5. 12c/20E B. Double frontage lots/parcels shall be avoided, unless necessary to prevent access to residential developmentfrom collector and arterial streets or to overcome specific topographic situations, C Panhandle lots/parcels shall comply with the standards specified in Sections 3.2-215 and 4.2-120A, [n the case of multiple panhandles in Subdivisions, ,construction of necessary utilities 10 serve all approved panhandle lois/parcels shall occur prior to recording the Plat. D. Blocklengthfor local-streets is:as specified in Section 42-115, Springfield Development Code Section 32-215 lists the Parcels sizes for Urbanizable Fringe areas as: I "...either 10 acres, 5 acres or shall meet the area standards of this Section when approved through the Partition process specified in Section 5,12-[ 00. " , This application is being applied for approval through the Partition process, The Code lists the LDR minimum Parcel size for buib portion of a cul-de-sac as 6000 square feet with a minimum street frontage of 35 feet Proposed Parcel 1 adjoins the cui-del-sac with a frontage of 94 feet Proposed Parcel 2 does not adjoin the cul-de-sac and is proposed to be accessed by a 20' Private Joint Use Access and Utility Easement PRE.SUBMlTIAL REC'O APR 2 2 2008 Helfrich Applicalion Narrative Page 2 of to 5.12-120 Tentative Plan Submittal Requirements. A Tentative [!ian application shall contain the ., .,,~ ,elements necessary to demonstrate thattheprovisions of this Code are beingfuljilled A. General Requirements. 1. The Tentative Plim, including any required Future Development Plan, shall be prepared by an Oregon Licensed Land Surveyor on,slandard sheets of 18" x 24", The services oland Oregon registered Engineer may also be required by the CilJUn order to:resolve utility issues (especially stormwater management, street design ,and transportatioidssues), and site constraint. and/or waler quality issues, , .. , 2. The scale of the Tentative Plan shallbe appropriate to the area involved and the amount of detail and data, normally I" = 50',1" = 100', or 1" =200:"" 3. A north arrow and the date'the Tentative Plan wasprepared The tentative Plan has been prepared by an Oregon Licensed Land Surveyor, and the storm water management plan has been prepared by an Oregon Licensed Engineer. The Site Assessment map is drawn at 1"=40', the Tentative Plan map is drawn at 'I" = 40' both maps are on 18"x24" media with north arrows on each. The Tentative Plan Map isattached,to this Application. I. 4. Then, ame and address of the owner, applicant, if difJj;rent, and the Land Surveyor and/or I ',Engineer whoprepared the j'artition Tentative Plan.' , The names and address of the Owner, Applicant, and Land Surveyor are on page one(l) of the Land Division Tentative Plan Application Form. I 5. A drawing of the boundaries of the entire area owned by the partitioner or subdivider of which the proposed land division is apart ' The boundaries of the area owned by the partition are as shown on the Tentative Map attached to this application. I 6. City boundaries, the Urban Growth Boundary (UGB) and any special service district I boundaries or railroad rightcofway, which cross, or abut the proposed land division The Urban Grown Boundary runs along the northerly line of the property and is shown on the attached Tentative Plan Map. I 7. Applicable zoning ,districts and the Metrp Plan designation of the proposed land division. and of properties within 100ftet of the boundary of the subject property. ' The property and adjacent properties are zoned Low Densisty Residential (LOR) with an Urbanizable Fringe Overlay (UF-IO). Properties and their Zoning District and Metro Plan designations are shown on the Tentative Plan Map. 8. The, dimensions (in feet) and size (either in.squarl( fee~ or acre,,) of each lot/parcel andlhe approximate dimensions of each building site, where. applicable, and the top and toe of cut and fill slopes to,scale, The dimensions of the proposed lots are shown on the Tentative Plan map. The site is nearly level therefore building sites and top and top of cut and fiJI, is not applicable to this site. No grading is proposed as part of this application. PRE.SUBMITTAl REC'O APR 2 2 2008 Helfrich Application Narrative Page 3 of 10 I ' '9,' The location, oulline to scale and present' us'e' ofal! existing structures 10 remain on lhe I property after platting and their required setbacks from the proposed new property lines. The existing mobile home will be removed prior to final appr9val. 10. The location and size of existing and proposed utilities' and necessary easements and dedications on and adjacent to the site, including but not limited to sanitary sewer mains, stormwater ,management systems, water mains, power, gas, telephone, and cable TV. Indicate lhe proposed connection poinls, The location of existing utilities are shown on the Site Assessment map attached to this Application. Utilities are as marked per Locate Ticket #8030715 and city as-built mapping. Utilities necessary to service proposed Parcel 2 will be locat~d within the 20' Private Joint Use Access and Utility Easement as shown on the Tentative Plan Map. I, ,', ' , 11. The, loc~ti?r:s w, idths an~ purpose of all existing or proposed easements on and abutting I the proposed land diVISIOn; the locatIOn of any eXlstmg or proposed reserve stnps, Easements affecting the subject property as determined by the Preliminary Title report are shown on the Site Assessment Map. The easement documents are not specific as to location or width. The approximate locations of the easements are shown as det~nnined by record information or as constructed utility lines marked per Locate Ticket #8030715. A 20' Private Joint Use Access and Utility Easement is proposed to serve Parcel 2. No reserv,e strips are proposed. I ' 1Z. Th, elocations of all areas to be dedicated or reservedfdr public use, withlhe purpose, condition or limitations of the reservations clearly indicated No public dedications are proposed. B. A Site Assessment of the entire development area, The Site Assessment shall be prepared by an Oregon Licensed Landscape Architecl or Engineer and drawn to scale with ,existing contours at one- foot intervals and percent' of slope thai precisely maps and, delineates the areas' described below, Proposed modifications to physical fiatures shall be clearly indicated The Direclor may waive porlions of this requirement if there is aJinding lhat lhe proposed development will not have an adverse impact on physical fiatures or water quality, either on the site or adjacent to the site, Information requiredfor adjacent properties may be generalized to show the connections to physical fiatures, A Site Assessment shall contain the following information ' The Site Assessment map has been prepared by an Oregon Licensed Engineer and is attached to this Application. 1. .The name, localion, dimensions, direction ofjlow and, top of bank of all watercourses thai are shown onthe Wider Quality Limited Watercourses (WLQ,ff) Map on file in the Development Services Deparlment; , 2. The IOO-year jloodplain andjloodway boundaries on the site, as specified in the latest. adopted FEMA Flood Insurance Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision; , The property is Located within FEMA Flood Hazard Zone AE as shown on Map 41039CI153 F, effective Date June 2, 1999, with an approximate Base Flood Elevation of 452'. There are no WLQW mapped on this site. PRE.SUBMITTAl REC'O APR 2 2 2008 Helfrich Application Narralive Page 4 of 10 3. The Time of Travel Zones, as,specifiedin Seclioh3)-200 and delineated on the Wellhead Proteclion Areas Map on file in the Development Service Departmenl; 4. Physical ftatures 'including, bul not limited to sign.ifican( clusters of trees qnd shrubs, watercourses shown on the (WLQw) Map and their riparian ar~as, wetlands, and rock outcroppings; and ' Trees large then 6" diameter are shown on the Site Assessment Map. The time of travel zone was reported by the City as 5-99 years in the stornlwater scoping sheet. This information is also noted on the attached Storm water Management Plan. I ,,5. Soil types and water.table information as mapped and specified inthe Soils Survey of Lane County, , The NRCS identifies the site soils as predominately MalaboniSilty Clay Loam. NRCS soil types are shown on the attached Site Assessment map. C. A Stormwater Management Plan drawn to scale with exisling contours"at one-foot intervals and percent of siope that precisely maps and addresses the information described below. In areas where , the percent of slope 'is 10 percent or more, contours may be shown at five-foot intervals, This plan shilll show the, stormwater 'management,syslem for the entire development area. Unless exempt by the Public Works Director, the City shall require that an Ougon .'licensed Civil Engineer prepare the plan. Where plants are 'proposed as part of the stormwater management system, an Oregon Licensed landscape Architect may also be required The plan shall include the following componenls: 1. Roof drainage patterns and discharge locf}tions; .. 2. Pervious and impervious area drainage patterns; 3. The size and location of stormwater management systems components, including but nol limited to: drain lines,catch basins, dry wells and/or detentionjJonds; slormwater quality measures; and natural drainagewaysto be i'etained; 4. Existing and proposedsiLe elevations, grades and contours; and 5. A stormwaler management system plan with supportii1'g calculations and documenlation as required in Section 4.3-110 sha!l.be submitted supporting the proposed system, The plan, calculalions and documenlation shall be consistent with lhe Engineering Designs Standards and Procedures Manual 10 allow staff tv determine if the proposed stormwater management system will accomplish its purposes, .. The stormwater management plan is attached. One foot contours are shown and no additional grading is proposed. No buildings are being proposed as part of this application but in order to satisfy this criteria approximate roof drainage patterns and discharge locations are shown, Currently the end of the street is gravel and the access driveway is graveL No additional paving is being proposed. Pervious area drainage generally flows towards the drainage ditch and the river (overland sheet flow arrows are shown on the plan). ,'There is one existing 36" public storm water pipe and drainage ditch. The new homes will tie into this system with 4" stormdrain piping. No grading is proposed, and the existing grades are shown. All of the information required by the Section 4.3-110 is shown on the attached 18x24 Stormwater Management Plan. The stormwater scoping sheet returned from the city is attached to this application. PRE.SUBMITIAL REC'O APR 2 2 2008 Helfrich Application Narrative Page 5 of to ,D. A Response to Transportation issues cpniplying with the provisions of this Code, 1; The locations, condition, e:g, fullyimprovedwifh cu,rb, gutter and sidewalk, AC mat, or gravel, widlhs and names of all existing streets, alley~,or other I'ights-of-way within or adjacent 10 the proposed land division; , The location and type of road surfaces are shown on the Site Assessment Map. There are no sidewalks on or adjacent to the site. 2. The locations, widths and names of all proposedsfreets and olher righls-of-way to include lheapproximate radius of cun>es andgrades, The relationship 'of all proposed slreets to any projected streets as shown on the Metro Plan, includirigthe TransPlan; any approved Conceptual Development . 'Plan and the latest version of the Conceptual Local street Map; The radius of the cuI-dc-sac is shown on the Site Assessment and Tentative Plan Maps. There are no proposed streets shown for this area in the Metro Plan. 3. The locations dnd widths of all existing anq propo~ed sidewalks, pedestrian trails and . accessways" including the location, size and type of plantings and street trees in any required planler strip; , ' There are no proposed sidewalks, trails, or accessways. I 4. The location of existing and proposed traffic control devices, fire hydrants, power poles, 'transformers, neighborhood mailbox units and similar publicfacilities, where applicable; , ' There is an existing electrical transformer and it is shown on the Site Assessment Map. There are no existing or proposed traffic control devices, tire hydrants, power poles, mailbox units or other facilities on this site. 5., The location and dimensions of ex is ling and proposed driveways,. where applicable; There is an existing 10' wide gravel drive servicing the existing dwelling. No new driveway~ are proposed at this time. I. 6. The location of existing and proposed street lighting: including the type, height and area if illuminalion;' ' , There are no existing or proposed street lights on this site. 7. Thelocationof existing,and proposed transit facilities; There are no existing or proposed transit facilities on this site. I. . 8. A copy ofa Right-of-Way Approach pe.rmit applicatio~ where the property has frontage on I an Oregon Department of Transportation (OD01) facility; and .' . 'I Not applicable to this site. PRE-SUBMITTAL REC'O APR 2 2 2008 Helfrich Application Narrative Page 6 of 10 I, . 9. A Traffic Impacl Study prepared by a Traffic Engineer, where necessary, as specified in 1 ,SectIOn 4.2-J05A.4, Not applicable to this site. The Public Works Director has not determined that a Traffic Impact Study is necessary and the proposed division would not generate 500 or more vehicle trips per day. According to the Institute of Transportation Engimi'ers Trip Generation Informational Report an additional dwelling resulting from this division will generate an increase in daily trips of9.57. , E. A Future Development Plan. Where phasing or large lots/parcels are proposed, the Tentative Plan' shall include a Future Development Plan thai, ' - 1. Indicates the proposed redivision, including tfie boundaries and sequencing of each Proposed redivision al minimum urban density jar proposed phasing, any 101/parcel that is large enough to jitrlher divide, or a plot plan showing building foot,prinls for MDR and HDR minimum densities; 2. Addresses street connectivity between the various phases of the proposed developmenl ,based upon' ~ompliance 'with TransPlan, lhe Regional Transportation Plan (RTP), applicable Rejinement Plans, Plan Districts, Master Plans, Conceptual1)evelopment Plans, or the Conceplual " 'L[)cal Street Map and this Code; , 3. Accommodates other required public, improvements, 'including but not limited to, sanitary sewer stormwatermanagement, water and electricity; ," , 4. Addresses physical features,. including but not limited 10, significanl clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their associated riparian areas, wetlands, rock outcrop pings and historicftaturel; and 5. Discusses lhe limingandjinancial provisions relating to phasing No additional Development is planned for this,site. 'F. Additional injormation and/or applications required at the time of Tentative Plan application submittal shall include,thejol(owing items, where applicable: 1. A brief narrative explaining the purpose of the proposed land, division and lhe existing llse of the property, This application is for tentative approval to divide a 1.1 acre parcel into two parcels of .65 acre and .45 acre. The property is currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF-IO). The site is in Lane Co'unty but is within the urban growth boundary of Springfield. The applicant is not planning to annex the property.The property is used for residential purposes and currently has a single family dwelling. I 2. If the applicanl is nollhe property owner, wriltenpermission from the property owner is required . " The owner has signed the Land Division Tentative Plan Application Form. r PRE.SUBMIITAl REC'O APR 2 2 2008 Helfrich Application Narrative Page 7 of 10 . " 3. A. Vicinity Map drawn .to "scale 'showing bus stops, streets, driveways, pedestrian connections, fire hydrants and other transportation/fire access. issues witllin 200 feet of lhe proposed land division and all existing Hartitions or Subdivisions ~mmediately adjacenl to the proposed land division. A vicinity map has been included on'both the Site Assessment & Tentative Plan Maps. There are no fire hydrants within 200' of the property. There are no partitions adjacent to the site, Subdivisions adjacent to the site are shown on the Tentative P,lan Map. 4. How the Tentative Plan addresses the standarilS"ofany applicable overlay District, The Urbanizable Fringe District criteria are discussed under Tentative Plan - General Item "0". 5. How the Tentative Plan addresses Discrelionary Use criteria, where applicable, 6. A Tree Felling Permit as specified in Section.5.19-100: No discretionary Use or Tree Falling is sought for this applidtion. 7. A Geotechnical Reportfor slopes of 1'5 percent.or greater and as specified in Seclion 3,3- 500, and/or ifihe requiredSile.Assessment Section 5,12- J 20Jnditates the proposed development area has unstable soils and/or high water lable as specified in the Soils Survey of Lane County, There are no slopes greater than 15 percent or unstable soils or high water table as specified in , the Soils Survey of Lane County. I ' 8. An Annexation application as specified in Section 5, 7-100 where a development is proposed outside of the city limits but within City's urban service area and, can be serviced by sanitary sewer, The site is outside the city limits but within the Urban Growth Boundary however there are no sanitary sewer within 300' of this site therefore an Annexation application has not be provided. I 9. A wetland delineation approved by the Departm,ent of State Lands shall be submitted I concurrently;,vhere there is a wetland on lhe property, " The National Wetlands Inventory, as mapped by the Lane <;:ounty Maps application, does not show wetlands on the site. I ' J O. 'Evidence tha.t any required Federalor State permi( has beena.rpplied for or approved .shall be submitted concurrently. , "', . No federal or State permits have been determined to be necessary for this application. I 11. All public improvements proposed to be installed arid fa include the approximale lime of installation, and method ojfinancing " No public improvements have been proposed for the application. 12. A title report prepared within one month of the date ofsubmittal. " A preliminary title report is included and attached to this application. PRE-SUBMITTAL REC'O APR 2 2 2008 , Helfrich Application Narrative Page 8 of 10 . I, . 13. Proposed deed reltrictions and a dmft ofa Homeowner's Association Agreement, where I appropnate, , , ' ' No deed restrictions are proposed. I, 14. If t,he land division is to bephased, . a Future Development Plan for the remainder of the I property shall be provided, including timing andfinancial provisions. . This development will not be phased. G. The locations and widths of all exisling and proposea sidewalh, pedestrian trails and accessways, " 1,. <. including the location, sizeandtype of plantfngs and streettrees in any required planter strip There are no proposed sidewalh, trails, or accessways,H. The approximate lot/parcel layout and lhe approximale dimensions of each building site, where applicable, and the top and toe of cut and fill slopes to scale, The dimensions of the proposed lots are shown on the Tentative Plan map. The site is nearly level therefore building sites and top and top of cut and fili is not applicable to this site. No grading is proposed as part of this application. I. The locations and size of all existing and proposed utilities, including but not limited to, sanitary sewer mains, slorm drains" waler lines, electric, telephone, TV cable, and gas lines, In lhe case of multiple panhandles, include a utility plan showing how the multiple panhandle parcels will be served f?y these utilities. The location of existing utilities are shown on the Site Assessment map attached to this Application. Utilities are as marked per Locate Ticket #8030715 and city as-built mapping. Utilities necessary to service proposed Parcel 2 will be located within the 20' Private Joint Use Access and Utility Easement as shown on the Tentative Plan Map. J. The location, widths and purpose of all existing or proposed easemenls on and abutting the proposed land division; andthe location of any existing or proposed reserve strips, Easements affecting the subject property as determined by the Preliminary Title report are shown on the Site Assessment Map. The easement documents are not specific as to location or width. The approximate locations of the easements are shown as determined by record information or as constructed utility lines marked per Locate Ticket #803071~. A 20' Private Joint Use Access and Utility Easement is proposed to serve Parcel 2. No reserv~ strips are proposed. I K The localions of all. areaS 10 be dedicated or reserved for PUbl,l.'c use,. wilh the purpose, condition or I limitations of the reservations clearly indicated ' ., No public dedications are proposed. I L. The dimensions of the proposed lots/parcels to include square footage calculations, The dimensions of the proposed lots are shown on the Tentative Plan map. The site is nearly level therefore building sites and top and top of cut and fill: is not applicable to this site. No grading is proposed as part of this application. Helfrich Appliealion Narralive PRE-SUBMITIAL REC'O APR 2. 2. 2008 Page 9 of 10 , . 1M. The location and outline to scale of all existing strUctures to remain on the properly and their required setbach from lheproposed new properly lines, ' The existing mobile home will be removed prior to final approval. I N. Clusler Subdivisions shall also address the design slandards specified in Section 3.2-230. Not applicable to this site. O. Where the Subdivision of a manujactured dwelling park or mobile home park is proposed, the Director may waive certain submillal requirements specified in Subsections A. through M However, the Tentative Plan shall address the applicable standards listed under the park Subdivision approval criteria specified in Section 5,12-125. Not applicable to this site. [II ATTACHMENTS I. Type II Land Division Tentative Application 2. Narrative 3. Copy of Deed 4. Copy of Preliminary Title Report 5. Land Division Tentative Plan (8W'xII") 6. Three (3) copies ofStorrnwater Scoping Sheet 7. Seven (7) copies of Site Assessment Map 8. Seven (7) copies of Land Division Tentative Plan Map. 9. Seven (7) copies of Stormwater Management System Study &Storrnwater Management Plan (all on one sheet) PRE.SUBMITIAl REC'O APR 2 2 2008 Helfrich Application Narrative Page to of 10 , oj': 0~/03/2008 08:21 FAX 541 736 1021 02/29/2008 14: 44 FAX 154" ~8087 CITY OF SPRINGFIELD "W Canon ~002 IlllUUL PUSl.lC WORKS DEPARTMENT I En9lneerin9 Division PhOne: (5411 726-3753 Fwc: (541) 136.1021 STORMW ATER MANAGEMENT SYSTEM SCOPE OF Wo.RK . (,l_ bel"", this liI~fl1l.d out by ,4f11l11t.::""') - \ (Plsa.. r.turtllO Mall Sroucler@ CIty o[Sprlngfield publ'e Wurb ElIlt1neerin,;l'ar 11 736.J02/, Ph""" 1I1!6-J03~), .moll:m.'ltI.clerllll<:i..prlnl',(i.ld.t>>'...., 1 pyojcctName: 1,l,E"l.rn\c.~ ?...('..~,.,......,d . Applicant: Ancuors Parcel \-r- (2'!l h -.0.1 . ~ !i.:>O Date: Land Usc(s): l..0 Phone #: Project Size (Acres): r I. I AL...03. 1 Fax #: Approx. Impervious Area: \ E:>, E:>t:> D ~ F _ Emuil: Project Description (Indude a oopy of A8soN<or's map): SrI.. ,~ L-P"\" I tV'\ tt:t' '.1.'1"..eo"'. 0:.. 'P~~~'''' ,~ 'hlS\~~ l.>~a,~"'.:sI~'C,'N".htl\'-I ~e>' ANA/G."'. ~\'"'Q.\L~\ r......'t", ,~ LIV..........~'".....+- 2,- <2.'t-C',"* I ",~'A- 2:0~'2..2- ,",g~_ ..:@.o'O"" d r-\..w\......t.. - .J.@~ ~J'&L"~&~" ~ -\0+1 . - ... DrBina~e Proposal (puhlic conncction{.), discharge looation(s), clc. Attach additional sheet(s) if nccc~~nry: C ~N(;'" \ "Ic,' e;:-1'C'\~"t ,.....l=- '?\..c. .. t-' V"'.'I':. ('.. . PrODost'd Stormw8/er BeAt Manuo:!ement P....cticcs, ,. .....A -.f>o' ,,...... ,. \' . 0 !.p. ...)6.... " ...,. v........... \0-' ':.-. , 5..."...<11 .....ce l4lV!" bt!lntt.'tfJi.c Ii"e IiIlad tJul hu the ell" tJlld RgJJt"",,tlllJ tile A.1InllcanJ) - I (AI II minimulll. all boxes checklffl hy rhe Ci/yan th. Jront tmd back ofthl.' ,bee/.hall b. whmil/ed fur (llf oOIJlk,otlttn In /,,: CJ"Jm"/eIB far .mbntillcd. alllt(JUf!h nine,. /"'tItIuiremcmls mav hi! mice,nand Dralnll"e StudY Tvu" (EDSPM Sedleo 4.03.:l~' {Note. UFl mav be ~ubslillJled for Ra/iona: Metho<n. II Rmall Site Study - (use Katlonal Method ror ClIloulations) o Mid-Level Development Study - (upe Unit llydrograph Method rut' calelll.tinns) o Full Drainage Development Study -. (use Unit Hydrograph Methad r"T~.lcul.tions) En\Tiromnental Considera/lo"s, MIl Wellhead Zone: .~.'1' 1bw-1\1l<c. ~......x\ 7-"""" I!I!!I Hillside Developmenl: N/J.. . WellunUIRiparian: ...!ItA ' . - - . Flc:lI:lIlwayIFl00dplain: ~ II Soil Typc: -,~-N\Q.\.~ ~"\~t ('..\~~II!!I OthcrJurisdiclions l.nnL.c.....~ I Dowmtrcllm AOBlvsis:. PRE.SUBMITIAL REC'O III N/ A o Flow line for starting water surface elevation: APR...'l2 2008 DO DelligrrHGL to' u~e for starting waler surtace elevation: Manhole/Junction 10 take analysis to: Return to M"lt Stoude,@ City of Sprlngfle/d. emall: [Witouder<<JJeU,t>'lflnfi&ld.ar.us. FAX: (541) 736-1021 03.103/2008 08: 21 FAX 541 736 1021 02i29/2008 14:45 FAl 154) '8087 CITY OF SPRINGFIELD PW Canon Ij!JOO~ 141003 COMPLETE STUDY ITEMS [ Foromc;i;;\ullv~ I I , * Ba:red upun lhtf itiformlJrinn provided Qn the fron.'. a/this sheet'. ,h~ jhllnwing represanll u minimum afwhor ;.r "tf~dfnr an oppli(:&J.Ilon to lu: camplat4lor .Jr,lbmillul with ~S~CI to dro;nogff; hDwever, this tlsl :S~CJlllfi ,,~t he u~tfd In /leu "f'h. .~ingfiGld Developmant Cod. (SOC) II' the City '" Engill"""lIg neslgll Mm.ual, Comp/iarn;. ",lIh rh."" t'/1qul''''''e/llG "".., nor collltl"'t< slto appro."I; Addlrlona/ sile specjJic IlIjorm<l/loll may "" ",qu/r.d, Jl!<lIc: UpOIII'Opilll; ,.h"" .,uhmlt/tll. ."""n< .,,,,,,,Ieted form hus l..en sIgned in the space provIded MJOW: Illtori... DesiJ:b SI"bd.rdslWalvr Qualil)' (EDSPM C~apter J) Req'" N/A o (Ij) All non-buildins reoOup (NBR) impervlOlLt:. !;urfACef> fihall be pre-.tra8ttMt '(e.g. mulli.chamhered cat.chha."in w/oil filtration m~uia) for slarmw.tcr quaWy, Additinnally,' millllnUm orSO% afthe NLlR Impervious surr.ee ,holl be tnatOll by vegt:IA1ed l1lc:ld\ods_ I o II Whe.... re<!I,i",d, vegelative ,tumlW11lcr desigtlshan be eanSI<tenl with interim d..ign !ltlln<lllrds (J;DSPM Seolion 3,02), sel , rol1h hy the Bureau or Environmental S<!rviees (BUS) or CI.an Water SC1'ViccS (CWS), o i!iiI Por new NJ3R imporviou., areol"s Ulan IS,OOO squate feet, a siml'lincd dc-sign,approach TtIlI)' be followed.., "!ledGe" by the I3ES fOf vl!gelatlvctrcalrm:nt. .0 II If il stonnWRter Treahnent "wale i~ pruposed. submit calcuIRtiOMlJi.]'e<:ificationu rt,r sizing, velocity, now, f1h1e dnpcs, b,,'lUnl stope, and Reed mix c;('Jn~istcnt oNilh either BES or CWS req,uiremcntH. o [II w.teLQlIlIlilY calculation...' required in S.",;on 3.03.1 or tile !JI)SrM o III All building ,ooftop mounted cquipmen~ or nther nuld conl.ining equipment located nul.ide oCthe building. shan be provided with secondarycontR~nment ot weather ~istnnt eneloNUre. " General Study Roquiremenls (!o:D8PM Seclinn 4.03) ~ 0 Drllitlllge sludy prepaf"d by a Professional Civil Enginc:er licensed in the slale ofOregnn_ o 1II ^ complole drainage .tudy, a. rc~ul'ed in BPSPM Section 4.03.1. including II hydrological study m.p. ~ 0 Caleulation. .howlng system capacily for n 2.year .tOnD cvcnt and overflow effects of a 15-y..r .tonn event. o III Tho lime of cOMenlration (Tc) shall be delennined using a 10 minute star! ulne for developed basins. Review uf DOWlIslrellDl System (EDSI'M Secrinn 4.03.4.C) o III A duwnsl1'Cl\m drainase analysiS as de<erihed in EDSPM Section 4,03.4.(:. On-,ite drainage shall be g~vorned by Ihe Oregon plumbiu$ Sp~iall)' Code (OI'SC')- o III Elevatiun; oftf{e HGL.~nd "lloW liri~ for both city llllu privilte systems where tlf1plicabh:. Design .r Sturm Systems (EDSPM So.lIon 4.04)' ' II 0 Flow tin~. slopes. rim elevations, pire type e.nusil.l:tl clearly lodiCBted on the plan set o _ Minin1utn pipe cover shD.l1 be 18 inches for reinforc"d pipe .and 36 inches for platn concrete and plasth;: pip!! mBlcrials. (')r , proper cngilloering c:atouilltiuns shall he providcu when Ie... The cover ~,II b. .umcienl tu oolll"'rt an 80,000 Ib Inad withaut failure of Ihe pipe .lrUolurc. /' o Mil MII/lning's "n" values for pipe. .hull b. "onsio'en, with Table 4-1 of the EVSP. ^" ,,",rnl pipes shall he de:rigned lu achieve a minimum vclocily of Ih,,,,, (3) reeL per second RIIl.S [lipe fullousold nn Table 4-1 ao well. Othe,lMII. o o I !xhaing 3nd rnupo:;ccJ ~ontaurll. IOC3tetJ It one foot interval. tnclude spO( elevations and sile ~I1IUCS :;howing now :iilt: . drain:/. o mvnle Slonnwoter eas","ents shall be el<:arly uepi~11ld on [l1am when privnf" .I",,"wut., nOW! from one property to another . , . Orywclls shall nol receive I1lnoft" flom any surrnce wlo baing lrClIlold by one or more BMPs, willi the .s.eptian of re.idcnliul building 1'tlC'lfll: (t=.DS1' ~ection :).03.4.^). AddhioTIu\ pnw,,,,ona e.~p\y w Udtl ull ~qulrQd by tll-=: DUQ. Rcfr;r tu tJ~ webliire: www.d~n.stall,: lu'_usI'-va/c.rounJwll/ult':hOllll!l.hct'l1 ror more Infonnution. ' . 1ll1Jeteolinn pnnd. .hall b. designed to limit mnoff to prc.ucvelapmenl rales lilr the 2 Ihrough 25->,""r .torm ""OIl" *Th;.form $bltll M included"s It" onlt.lrm,lIt, Inside tn.fronteo-, oftlr. Slo,."...altIt' .,urly III II o .1MPO/lTAN'T: ENGINEliR "'-EASE READ Blil.OW AND SIGN! 1\, tho engineer afrecard, I hereby .ortify the above IOQuired items are, n comrletc IInd included with Ibe submitted .tormwlllo, .tudy II/ld "l.n set Si!,""'ltin:s;::l-- C;?P- "- {J D'103'1~t>e. - Fonn Ver~i(')n 2: Murch 2004 PRE-SUBMITTAL I{tl;'U APR 2 2 2008 ~ ;- i I ~ : 'I I I II '-'---/-H-f1- , 'I II I I ,I I !. .../..I} II I ! ! I I I I I I' ! II ,! i/Y11 /1 / II I ,I I i I' I I I I I I I I J /'./ 1/ Y (l III I i IIIIII!'//)/I/' I I Iii I I I I i I I I I I i! '; /) i / 11111 I I I I , , 1111i/ // / I I" I 'I I I I , I 11/1/1/1/ III I I I, I I I I II I' YYA f I I '/ I I' I I I I I I i II 1- I I I I I I ! A / }I I , /III r I II I/I1IJJ YI . / I I 1/11 i I I I /I II I I I I ,111./' ! I I IllViMllllI I I II I I I I II' ~ 11 , I , I II I I ill i I I I I YYl1I I I I ! I I : I III I . I I 'I . i i II I I i I i II i I I I I /11 I I I'.' I I I I : : : I, I J /~ijl Yl / il i i i ; i III 1.~l/(9' ^~. -1f.;Y I I 1.\ I : II I ~ ~~ oJ. "I " : I ~~lll .<! I I I I I It../ I '. / ~I I I I i I I I ! I I I S2 :1 : I / /IV / III (~JII 1 ; i " 11 I: I J ~ I I I I V I,' III I - I I I I I I I I I , I I r-- . I I , V1/ //,;1 /, I , './ II' I II I rRf.~~lJBMtTtA;RECjD ~ ~\C~I()~. '<\ ~ \<:) ~I() 'V 'I:\~ ~ .~ ,-, ..- '<\ "t ~ \'\'5 ~ ~" -...: ~ ~ ~ <:;J '-:s \S '::l ~PR 2'1 2008 ' ~ R.4/NI".4!.L INTEIvS/TY (/nches/h';:) _ i \=.'" ROlnml1 FJn~~~/!J~-~UIO!/O/7 om O!a~ ~~~He",'e ., ,~lnc.orporated @I Frequel7CLj CUiVes 10- EUy8nS OcgOf7 ::':==:=,:,I:"~~"'"'' ~ . I , j I I I I ./ I I I I I , Jr I ~ ~\l "'" I , I I . ,~ l'tl I I.~ I s;; ~ I~ ~ I Si ":- I ~ .S; i~ I ;c: I~ ~ ! -.: \-..:: iB ~ I \C\ ;;S ,"'1 c:::s: I~ 1~ :~ - I ~ j I ~ . . . . ~ J.-:-""l' ~.~ ~ ..... "'--- .' ~ :...... ... - ~---:..,. Project Description Worksheet Flow Element Method Solve For Circular Chan Circular Chan Manning's Fo Channel Depl Section Data Mannings Ca"O.012 Slope 20800 ftIft Depth 0,14 ft Diameter 4 in Discharge 0.11 cfs Cross Section Cross Section for Circular Channel ( 2.,-/\2.... I I, 0,14 It I 4 in V:1b,. H:1 NTS c:\program files\haestad\fmw\project1.fm2 03/18/08 02:45:25 PM @ Haestad Methods, Inc. EGR & Associates,lnc. 37 Brookside Road Waterbury, CT 06708 USA " / PRE-SUBMITTAL REC'O APR 22 2008 Project Engineer. Shane Hughes FlowMaster v6.0 [614b] (203) 755-1666 Page 1 of 1 ..... Cross Section Cross Section for Circular Channel Project Description 2.S'" 'l\l Worksheet Flow Element Method Solve For Circular Chan Circular Chan Manning's Fo Channel Depl Section Data Mannings Co' 0.012 Slope 20800 ftlft Depth 0,18 ft Diameter 4 in Discharge 0.17 cfs I 0,18 ft I 4 in V:1G H:1 NTS c:\program files\haestad\fmw\project1.fm2 03/18/08 02:50:35 PM @ Haestad Methods, Inc. EGR & Associates, Inc. 37 Brookside Road Waterbury, CT 06708 USA PRE.SUBMITTAL REC'O APR 2 2 2008 Project Engineer: Shane Hughes FlowMaster: v6.0 f614b] (203) 755-1666 Page 1 of 1 , 't ,..- * II, ~., <. . .. .... ~ :>,<: First American . sf American Title Znsurance Company of Oregon 600 Country Cub Road Eugene, OR 97401 Phn - (541)484-2900 Fax - (54t)484-7321 FOR ALL OUESTlONS REGARDING THIS PREUMINARY REPORT. PLEASE CONTACT: Robert Gordon, Title Officer ; (541)484-2900 - Fax: (541)484-7321 - Email: rmgordon@firstam.com Jim McLaughlin 2428 Ranch Drive Springfield 97477 Order No.: 7199'1219839 April 21, 2008 Attn: Phone No.: (541)729-4886 - Fax No.: Email: PRE.SUBMITTAl REC'O APR 2 2 2008 Re: Preliminary Title Report ALTA Owners Standard Coverage Liability $ Premium $ ALTA OwnerS Extended Coverage Liability $ Premium $ ALTA Lenders.Standard Coverag~ Liability $ Premium $ AL T A Lenders Extended Coverage Liability $ Premium $ Endorsement Premium $ Govt Service Charge. Cost $ Other Cost $ 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 April 16, 2008 at 8:00a.m., title vested in: Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: " 1. The assessment roll indicated a 2002 postponed farm tax. If the herein described property is changed or modified to the extent that it can no longer be farmed, an additional tax of $1,403.03 will become due and payable. (Account No. 1517703) This report is for the exdusive use of the parties 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. 9. Preliminary Report Order No.: 7199-1219839 Page 2 of 6 2. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the mean high water mark of McKenzie River and the ownership of the State of Oregon in that portion lying below the high water mark of McKenzie River. 3. ' Any adverse claim based upon the assertion that some portion of said land has been removed from or brought within the boundaries thereof by an avulsive movement of the McKenzie River or has been formed by the process of accretion or, reliction or has been created by artificial means or has accreted to such portion so created. 4. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 5. Easement, including terms and provisions contained therein: Recording Information: September 01, 1933 in Book 178, Page 158, Deed Records of Lane County, Oregon City of Eugene, by and through the Eugene Water Board right of way In Favor of: For: 6. Boundary Line Agreement, including the terms and provisions-thereof, executed by Signe F. Andersen, and Baxter Fisher and Ann Fisher, recorded July 27, 1956, Reception No. 90919, Deed Records of Lane County, Oregon. (East Line) 7. Easement, including terms and provisions contained therein: , Recording Information: December 26, 1973, Reception No. 73-57222, Official Records of Lane County, Oregon . In Favor of: City of Eugene, for the use and benefit of the Eugene Water & Electric Board - For: , right of way 8. Easement, including terms and provisions contained therein: Recording Information: June 11, 1975, Reception No. 75-22936, Official Records of Lane , County, Oregon , Iii Favor of: City of Eugene, for the use and benefit of the Eugene Water & Electric Boa rd For: right of way Deed of Trust and the terms and conditions thereof. Loan No.: Undisclosed GrantorfTrustor: Dean Helfrich and Gayle D. Helfrich, Co-Trustees oftlie Helfrich Family Revocable Living Trust Janet L. Michlanski First American Title $450,000.00 September 04, 2007 September 06, 2007 2007-062566 Grantee/Beneficiary: Trustee: Amount: Dated: Recorded : Recording Information: PRE.SUBMITTAl REC'O APR 2 2 2008 - END OF EXCEPTIONS - A"rst American Title Preliminary Report Order No.: 7199-1219839 Page 3 of 6 NOTE: Taxes for the year 2007-2008 PAID IN FULL Tax Amount: $422.68 Map No.: 1703240000500 Property ID: 0197317 Tax Code No.: 01904 NOTE: Taxes for the year 2007-2008 PAID IN FULL Tax Amount: $177.11 Map No.: 1703240000500 Property ID: 4132005 Tax Code No.: 01904 NOTE: Taxes for the year 2007-2008 PAID IN FULL Tax Amount: $157.56 Map No.: 1703240000505 Property ID: 1517703 Tax Code No.: 01901 Situs Address as disclosed on Lane County Tax Roll: , ,OR THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc: cc: Helfrich Family Revocable Trust PRE-SUBMITTAL REC'O APR 2 2 2008 Am American Tide Preliminary Report Order No.: 7199-1219839 Page 4 of 6 '~ ">. . + # First American Title Insurance Company of' Oregon " SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (06)17/.06) The following matters are expressly excluded from the coverage of this policy, and the C()mpany will ;not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit,- or governmental regulation (including those relating .to building" and zoning) restricting, ;regulating; prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement 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 Ex<dusion l(a) does not modify or limit the Coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This ExclusIon does not modify or limit the coverage provided l!'nder Covered Risk 7 or8.' 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the' Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company QY the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no losS or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had pald,value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. ,( 5. Invalidity or unenforceabiHtyin whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer Credit protection or truttHn-lending law. " ' 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creatlng,the lien of the InSured Mortgage, Is " (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. " 7. Any lien on the Title far real estate taxes or assessments imPClsedby governmental authority and created or attaching between Date. of Policy and the date of recording of the Insured Mortgage in the Public Records. This ExClusion does not modify or limit the coverage provided under COvered Risk ll(b). ALTA OWNER'S POLICY (06/17/06) The following matters are expressly excluded from the coverage of this policY, and'the Company will 'not pay loss'or damage, costs, attorneys' fees, or expenses that arise by reaSOn of: - , .1, 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and loning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions; or jocation of any improvement 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 Exclusionl1(a) does not modify or limit the coverage provided under Covered Risk 5. - '. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage prOVided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; ., (b) not Known to the Company, not recorded in the Public Records at Date of Polity, but Known to';the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insuredunder this policy; (c) resulting in no loss or damage to the Insured Claimant; " (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the 'coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason ofthe operationoffederal bankruptcy, state insolvency, orsimilar creditors'. rights laws, that the transaction vesting:th.e Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or " (b) a preferential transfer for any reason not stated in Covered Risk 9 of thiS policy. , ' .. - .. 5. Any lien on the Title for real estate taxesor assessments imposed by gov~rnmental a~thority and :re~ted or attaching between Date of Policy and the date of recording of the deed qr other instrument of transfer in.the Public Records that vests TItle as.shown In Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. The lien of Real Estate Taxes or Assessments imposed on the title by a governmental authority that are not shown as existing Uens in the records of any taxing authority that levies taxes or assessments on real property .or in the, public records. 2. Any Facts, Rights, Interests, or C1aims,that are not shown in the publiC records,but that ~ould be ascertained by an inspection of the land or by making Inquiry of persons in possession of the land. 3. Easements, Claims of Easements'or Encumbrances that are not shown in the-public records. ;- 4. Any Encroachment, Encumbrance, Violation, Variation, or Adverse Circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an 'accurate and complete land survey of the land, and that are not shown in the publicrecords. I 5. Unpatented .Mining Claims; . Reservations or Exceptions in Patents or in .acts authorizing the .issuance thereof; Water Rights, Claims or Title to Water. ' 6. Any Uen, or Right to a Uen, for Services, Labor or Material theretofore or hereafter furnished, Imposed by law and not shown in the public records. I.' N.OTE: f1:. SPEGMEN COPY OF TIiE POUCY FORM (OR FORMS) WILL BE fURNISHED UPON REQUEST Pf<t:':lU~lVImAt REC'O APR 2 2 2008 First American Title ~reliminary Report Order No.: 7199-1219839 PageSof6. Exhibit "A" Real property in the County of Lane, State of Oregon, described as follows: PARCEL 1: BEGINNING AT A POINT ON THE NORTHERLY PROJECTlON OF THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLA.TTED AND RECORDED IN BOOK 52: PAGE 26, LANE COUNlY, OREGON PLA.T RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15"WEST AND. 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LA.ND CLA.IM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3WEST OF THE WILLA.METTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTlON OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WESTrLINE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLA.TTED AND RECORDED IN BOOK 45, PAGEj9, LA.NE C9UNlY OREGON PLAT RECORDS, 335.00 FEET TO THE INmAL POINT OF FIRST ADDmON,TO PHYLLIS PARK, AS PLAffiD AND RECORDED IN BOOK 54,PAGE 14, LANE COUNlY OREGON PLAT.RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLLIS PAR~, NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF . BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE.MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER, 331.40 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER OF THE SECOND ADDmON'TO PHYLLIS PARK; THENCE NORTH 890;53' WEST 116.39 FEET; THENCE SOUTH 650 16' 27" WEST 61.37 FEET; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING IN LANE COUNlY, OREGON., ! SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: , . , , A PARCEL OF LAND IN SECTlON 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLA.METTE MERIDIAN IN LANE COUNlY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDmON OF PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANECOUNlY, OREGON PLA.T RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LA.ND DEEDED TO ANN D. FISHER AS RECORDED JUNE 09, 1972 IN REEL S89R, RECEPTION NO. 3122, DEED RECORDS OF LANE COUNTY, OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE SOUTH 890 53' EAST 154.36 FEET TO A POINT WITNESSED BY A 1/2 INCH I!l.ON ROD BEARING NORTH 890 53' WEst 10.0 FEET; THENCE SOUTH 00 07' WEST 282.43 FEET TO A 1/2 INCH.IRON ROD; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING, IN LA.NE COUNlY, OREGON. ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LA.ND: PRE.SUBMITTAl REC'O APR2 2 2008 First American Title Preliminary Report Order No,: 7199-1219839 Page 6 of 6 BEGINNING AT A POINT ON THE NORTHERLY PROJECITON OF THE ',WEST LINE OF THIRD ADDITION 'TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK S2, PAGE 26, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCQTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMElTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECITON OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE'9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLIS PARK, AS PLAlTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 F~ET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 F~ETTOA POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BEGINNING; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH,682.46 FEET; THENCE WEST 328.9 FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE TRUE ,POINT OF BEGINNING, IN LANE COUNTY,OREGON: ' ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED ~OR ROIID PURPOSES BY INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO. 77-05380, OFFICIAL RECORDS OF LANE COUNTY, OREGON. PARCEL 2: BEGINNING AT A POINT ON THE NORTHERLY PROJECITON OF THE WEST LINE OF.THIRD ADDITION TO EL BONITA GARDENS, AS pLAlTED AND RECORDED IN BOOK S2, PAGE 26 LANE COUNTY OREGON PLAT-RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81047' IS:' WEST AND 9S9.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. Sl IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMElTE MERJDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECITON OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEsT LINE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLAlTED AND RECORDED IN BOOK AS, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK NORTH 890 S3' WEST 110.45 FEET; THENCE NORTH 810 09'05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT Of BEGINNING; THENi:E WEST 174.62 FEET; THENCE NORTH TO THE MCKENZIE RJVER; THENCE NORTH ~30 EAST ALONG SAID RIVER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON. 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State, 1'11'0_117 .pp.or.d tb8 1I1.tb1D na_ a. B. 1I0KTh'JiE.Y AND Nll'M'Xll ldoKINHllY, bto wite, to me perloaaU7 Icnovn 'to b. tho IdonUo.l p.r.""o d..- or Ibod In and who .xeoutod tile "lth1n lnatNDn t and .~lcnow1Od&od to ... tho t tho, u.....tod tbe la... rrool,. and volunc.rll, tor the UI.. Ill<! plIZ'poau thol'.1n upr....d. IN TESTIMONY lIHEREOP, I hovo hUI""to ..t rq hIInd and atrlxad "', lIotnlel Seal, the do, on" yair In thID .erUt1cate tll'lt above ,",Ittm. B~ B. 'lIciltlnn", Jllttle lIoltln';", LuolUe Ilorton . Ilctl'" PUbllo, In and ror tho Count, or Lena, Sl:at.J.t"Orogoa. Ie 117, OOlllDlhllon'oxplru Oat. 28, 19S8. ! - -AH-. _ ~: r II A SEll 2 N ! Franoes Zlllcookl ) Filed tOl' IIloo':d Sop 1, 198111 9.1l! o'olook A. lI. to ) .,. B. Dlllll'd. Count:r Cllrk. T:;E CITY OF' EUGENE. CRDlON ) 81 Eota L. Duokworth, Deput:r. KN01\'. ALL MEN BY TIlE'lE IRESEllT3. -In conddlrlUon' orfono Dop.r r~l.OO) and other valuabll conoid era tlon. r.oelpt vho~aor II hol'ebf IOknowlldgod, . tho unCIar.lgnld herob, gT'IIntD 0 perpe tue . &esement to THE .JI'I'Y Of.' EUGtHE, OREGON, 8\mmlD1PIl,~, corporation, Lby and through ':he 1'ugeno Wlter Board, ita Commissioners or \'Ilter"and L1s:ht, wIth tbo ~lght to ~'lao., construat. operate Bod malntln, inspeot, reconutMlQt; 'rep81r, repllco and keep olelr' In eleotrlc dhtJ"lbutlon Iln't w1th wlros, enb1e,!;, flxture<< er.d sppurtenlnoee .ttlohed theroto:1upon, .Q~oea,ov"r and/or under tho rollowlng do.crlbod property .Itu.tod In Lenl Countr. Statoot Orlgon. B081nnlng'ot 6 point J~g.59 reDt North 160 5$'E..t trom tho Hortheast COrn4r ot tho Willlam C. Spencor Donation Lend Claim No. 50, HoUr. #3265, 1n Township 17 Sauth Ranoa 3 Woet of tl.e Wl11srt18tte W.orld1en, and runn1ns thenoe 3c.uth O. 6.50' E8'.t 2438.96 teot, thence East :!..2. .45 root. thonco North O' 5.50' ".It 2497.86 reet; thono. South 78. pel Wo.t 331.40 r..t to tho pol, t of begInning, all In lane COWltj', Oreaon. 'rhe ~oute beine Illoro .pecltlcoll, deorrlbed .. rollo".. aoglnnlng at 0 pc1nt opproxl..toly 1700 reot Harth ot the o.outho..t corn! ond or. tho o..t 11no of the ab.::lve describod "proporty; thence northnatol'lr to t~e weat ~1n. t;>t the protlort7, o dlotonce or opproxlmatelY8r'5 teot, bllng the route of tha ollotrlo lL.,e .. ~l.nnod Ind oon- 9trur:ted. 'Oranto. .hall ot 011 tlmol haVI' tho right or tU11 Ind rraolngr..1 to arid ove.. rro'" aAld prop.~t,. ror ol~urPo.I' her.lnlll8ntloned, .nd tOl'om~e at on:r ~11IlO In:r'or .11 ot tho."ld electrIo dl!Jtr1tmtlon line 8n~or wl~"I, Gabl.., tlxture., and IlIppurtenanct,. trom tbt 801d prop. orty, with the'llncJeratant11ng tho t Brent..e -hill b. roapDnJllbl. tor ell damage it aauailtll e;Nntaro . , 'I " . by tho &:~CI'C 198 or tho right. ond prlvlloseD herettn s:ranted. J . Tho rlgh.ts, oondition. Ind. provision. ot thia ooaement ohall .lnure to tho bon.ttt of end. b. Mnrtl.ns uron tro hotrs, oxeo'ltors, sdmln!strlltor.. auaao.s.ors .and:',8s3f(.,-nS of' thtl roarootlt.re p~rt~o3 hero to. . IN \fC'NE3;, 'VlI~EOF, t:l0. undorslsned ho 5 executed this In.t~nt 1{)~3. ':.t trlf'lSIS. Notarlol 5001 " c? 2329l! F. ;,. Sonne tt STA'rE OJ' OREGON ) n. CDUW:'Y OF UtI!: ) On th13 dDY porsonolly tho lndlvlduol 4e.crlbod In Pran..a Zllkolkl thiPRE~SUBMlTIArRECI D APR 2 2 Z008 -- , :- . '~.' -- . ;- r ~ '. ". _ "I' , ~ n oppoorod botore mo PRA~C.!.S ZI!?,tKC'.i!SXI,A "'/1001\'. to... lOlo.... to be IInd who executed tho w1 thin and toregolng lnatrumant, on4aeLcnowlOdgl d L 1111111, I III! 11.l.i.1!..! .. ...!III...!~1l,I IU, I . !I...J, ,.111 ~ 1"'llIliii", I" ,..II. I ". II I I 1111 -...._". '.11 I I I Mil. ,.., II ~" ", .. ,., .,,, :. r:' .,-.,. ~)IJ~il:J 1l0lll/llAIIX l,ID AOREEllEm TllIS AGREEI!EllT IIl&de thi~ 17 day at July, 1956, by alll!' . between. SrONE F. AlfDERSEH, a S1ngle wClllan, hereiDl1tter Icmet1.l!Sea reterred to 85 Andersen and E.A.X.TI;R FISHER 'and ANN FISHER, husbaDd 'and wite, bereinafter saoet1=e. r~terred to as Ti.her., W I TN E!S SET a Andersen 1s the owner or the .to~low1ng <i..scribed real property' ~, 40>.( c I . ?~;J . t' ! ( ", )( U t (1" I: BegiIlD1ng at . point' aMeh 19652.9 feet East at e ~oint on the \\'est line of the Felix I Scott Jr,...llcml;t.on Laild...---.... , Cla1Jll No. 51, Notification No;' 3256...'1n Section 24, To!9>'" s~n 1'7 -S!FA.:L.RI\NIIIl'"'-'':l W.l!~t. 0.(.. the ;fl11a.mette,.Jtu~ YO ch 1s b~.2rreGt ,North or. the ....u'"''"'u.u:a't corner. at . said Donation Land Cl,a1mi_ thBrice South parallel '.Witb the West I1ne of soid Donation l,aRd Clab 667.18 Ceet. the"". East at right angles with the~rorego1ng course a A1stanee of 652.9 Ceet; thence North'parallel with the. West line of .aid Donation l,and Claim a distance of 667.18 teet) the""e ~e.t 652.9 feet to the place of beginning) in l,ana County, Oregon.' EXCEPTIlIG therefrOm that part lying within the Cou:dy P.oad on'the Scmth and East s1eie... Fishers are tbctOll1lers ot the tollowing de$cr1bed real' , i Pl'OP~t7~ Beginning at a point 332.59 feet North 78. 53' East troo the Northwest corner or. the W1::111am 'C. Spencer Donat1on Land Claim No. 50, Notification No. '26'~ .1n township 17 South, Range 3 West of the Wll1amette Meridian, acd rUD.-' ning thence South O. 051' East 2436.96 teet,: tbenca East 326.45 Ceet; thence North O. o5i' West 2491.36 teetl thence South 78. 6' West 331.40 feet to the place of beginning, contaln1lli 18.'0 BerEts ~ land in Section 24 -of sa1d. Town-' ship and Range.. 1n Lane Courit~" Oreg.on. i '. I ;; T; . , . A d1spute has arisen betWee'n the part1es as t.o tJie exact ~oc8t1on oC tho' eammon bOundar~ line b~tween their respective prop- erties above described and 1n order to compromise and settle said dispute' and avoid litigation all ,parties hereto do mutually agree, . '. J' ;-.. -I i. for Value, received; and. each in consideration at the qreementl of. i! the othar p~t1es hereto,tbat tbe Collowtnc described -line.shall be. and ~s the common boundary be~ween' theIr respee~lve, propert1e~J ~II II . I 1'1 PRE-SUBMITTAL REC'D APR 2 2 2008 :'.};'!r~ ::.:'.': ;.' --.---. ~ I~ I~ ,....,..- -",::,,"-.;... Ii I " I I _._.,~_.,_.-..a..I .~. ..;. 2- " , -"_I_~ ----.--- ....;.--........... . .-----.-- '- -........------ '1 i .. . . !141!I.I!I, Beginning at a point 1~ thp ~ente~ 11ne of CoUnty Boad No. 681 which i. "ortlt 2894.05 root and East 6~2.0' , teet tram the Southwest corner of the Felix Scott, 3r. DQnatlon Land Clalm No. 51 In'rovmship 17 South lIan&a , West of the \V111amett. lIerid1en, In Lana County, O..a- COU, runn1ng tltenca Narth O. 07' East 668.18 reet. Andl.J"3un does hereby remIse, release ~ torever Qu.1tcla1ll . , unto Darter .Fisher and ~nn Ftsber,_i,husband aZJl.'1r1~e,' all that part or tha Andersen property .abov. desoribedwhich lIe. West or laid bounda17 liDe and the FIshers do h~reby r!!JIDlae, release am. forever qu1tclaiDa \mta S1gne F. Ander;sen, ~ sll1ile .~an, all .that part ~t the Fllhar property above described which 1~.. East or sald bound- ary 11n8. to l!A~ .um TO BOLD unt~ :.tlie respective 'Grarite.. roreyer'. IN ":IrNESS WHEREOF the' parties have uecut,od these' pr"Bs- Ii' " , I' i. ,t~: 7;;:::and year rlB~~D. Cf~"4 CZ~ .;,. >' '" ~ /' L-U . ( ....... . srAn OF OIlEGOII ~ '. . .a . ,,"'~"'c~t7' or -La_ . '. . '. 1_- ......_\\,,; " I... ..' . ~. ( . .....-.... .'''....1 .'. I l.",:- >" .......J:..\. On this.AL....- day or JUly' 1956, 'Personally appeal-ed the' .1 i /.~ -:~'tfbov,- named Slsne F. -And.er:sen, a single waaan, and acknowledged f . i . -.the-foregoing In3trunent to be her ,voluntary- act -and .deed betore ; "'It ..at;;., , , ;. ":"\ e '-, /.. j ~ / ./..1"1' ~ or....... /.~ ~ ,'r..._ _ '"":,'- '/0" 'rol.., ;:~ ,-,- :: 1:.... ..... N,ota'l-y Public for 'Oregon '. .. .,~ .. C E I ..'.......,,;...... . dY ~1ss1oJl xplres: /a I~ I~:*,,,, STAn OF.OREQOB I os COllDty or Lane ~ On this ~ 7 'day of <JUly; 1956, personally appe.re~ 'the . above named .&axtel"~er 3nd Ann 'F1sher, hUsband and .U'e, and acknowledged the toregoing inst~;1n.t to be their Yolunta~ act and ,cleedbetore m~1 I':: / .......A /' , '/~~ ' llotaryp\lbl1c Cor OrelloDj /.'/ .,; A ~y Ca::uaiss1on Explresl_n - A - 'LGL- " ;~~.?~.'~ : '.: .' ~.;;:-./',~'~ ~ \':' ~ . "....... PRE-SUBMITTAL REC'O APR 2 2 2008 Boundary Line A.(reomoDt .-2~. .'. .....:, ~ '"' .: -"._~~_.~""""."':::'~""~-'."''''' :,..~ .... ,-." _.....~.A' ~,.,.~~...,. " .---..----- -. --=~~~~~~~~ . ...".. ........."'''..- .,_...... '---._~.- " . . . '-~ 't-, ",',- . ?\. ,,:,,"., . ."', ..J , . . .. ...;. . '.. ., ----.-- ---- .---- Jll\t~~. ... .... - _ ~".....o.-..._ .-. -'-~.-. ..,'...--- . ~, . -. ,.' . " ~ ., . .- .....: ;....... 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SiI.. litE- '2~la 51: J! r." ~ J! 1B.l~ i!.~ill!H .~~~ =\11 j,;{; :' )t~!. a5.~g!.i~!;i ~li i; ~~u. i: a!~lll~fi~lha5 'II :l Ii a] s, d!~ iUan!&.;' ~1 't i i , ...' ~ e II - i! . '" ' - i I .. i i ; :,' . l'l ,~o ~. ' ~!:l C .... '" ...' : iI.o " . '!l~~ If In. ~...~ ; ,,::' \~ \, ~ ': . C...4 ..~ ~ ~ ! ~ B. . 'It .... , a II~ ..:. '- l~ ': &:1 ,,\1..1~? : ~ . . ; .:e "0 . '::~~S' "'a~e i'Doll 5-;;i! ..-_.. . ~'e:'i... ~ GoJ! ....J O. .. i: l~ s ~ II. 5:: ..E .--" .II'll!! .. ",8.... ~ .00 " ill" I. o ~ll6 . ..- G_ 1 f;li~; -=-~~l . ~.....' oS !~.h 1 ~~.= .. eZ:: i ell! & ~ -1/ ' l.~ i, ~ll.j~ .., " I _. ..., ......',. '~ ..';;" \ . 75Z2936 " " . C/ xr: unt~ 1'...:.....0;,-'. t.h:e \t.'14v.taneJ ma .J:'lClItod Uti:: b:Jt.r.;.:qnt tbu daY' at 'l-H.f:_./ . 1.~~ . (/ ~' c,e..,/~ /.J /5, -k.',,-L~ Mnn.l'Io_ ' VltM"l ~_~ y -;r , 1)/ er.9., ~ aWl or 07:~ u. co=rar~ } OIl tbl. 4q pnsaaaU, aporea 'betOf'* .. A.Nr. D~ l'btwrr \0 r.e !cnlr.1:l to ~ the 1mlY1ch:U. 4e$e~~ In &lid lib:) axeeut.<td tbe vlthlD ofld fQRlOlr--l b'~l'\Clel1t, an'J .d::'l;r,lledsrtd t~t !~ '~1I4 t.he A. .. tiel' tree and "IOl1mt&ry ..~ a::ld deN, for t.he lIMa l.tIi ~... lh.t'01D. caat.10Md. ~' ~ Gina undor .. ~ .ad otn~1a1 Mal. this l/ d~ of . -~~..;'\ " ~ /~~~~~-~:'.. 1;. a 'hfL7 -t d~ f ~l.),'1".r \~;. Eo~u".( Publ~ in. a:l~ tor tbo Stan Of' t\.'~ 1.1 :) '! " /\ . \ ,}., ~:;r,E~~<s}lo~ 1::<;>1...., (~/3 ,4U \~. ./f, . '. ..... ......,( ';':''''j'j'~''':, ..... . . o. , PRE-SUBMIlTAL RECIO APR 2 2 2008 ;. r"!~!L aad t"-=:~:1~. f." :! , ~ ",=;:. t . " I.. I "' I III III Ijlll".'IIIIIIIII 1111"11111 I .' .'!/'f;.' : ::~.~ ... ...'; ..;"',, -., .' ;~~r~:~~': i'~'1:..;:~,:'; ;"; ...- ,. ....,..~ ~ ".:.. . '.j" .'\. ..' ';::>:.~ .:~,~i;~~ .:::)~*1~,~ti j,.,.,' , , / .' /..;..- r '.' ~ ~' .. " ,9 '-I o u - . i ~: .... ;, il,:". ..!' I '!:: ': i .. = .' III .. CD 1 ~i ca : ~~ ~ ~': :hi;.' _ ::;'.' ~~;_. I ~ ::;'1 ..::... ': . "'! . ..:1 ~"'a - " . ~ ' ~ e ~ ,~i 8 .- ..... .:." <=,~ 1/ . \~ ~lYlp '~'~'_'" ""'1s::Ir,.,..", .~"' J S". pl. h. n ell' JJ 'hU' , ~~'! ' . ~ii~ 5l::~~ ~ ~ . ~c:!"'... ~1~1 a a. 7522936 'I !! .r- r- Ji i! - p' ,ft - go riB '! r = If ! oi" ,j" I! '.1 .' , ~{_:u,,;..~,._ 0.__"" ",_, _. ~....;c. .01..:.,.... , ,'.. ~,..~_. .... I .\ . i , ! S a .. !: U I' .. .. " PRt-5UBMIHAL REC'D APR .2 2 2008 ..' ;. =& Ip I:! "! ~__,___'~~Il. ....a. QM ., ..-.:.o:.-"-~..'''~ ; / -r....... -...-___--::rr-.-~ _ JW ,... -...l't-.... l l ~; "-II:I~ ~J: I II........' ...."',....... .., ,,,.,,.1111 I ~; ~. 'J.o~ ...- \S> 1\/ ,~ ~ t' Division of Chief Deputy Clerk Lane County Deeds and Records " ~~~7 .~~~~~O ' Aflei Recording Return To First American Title PO Box 10146 Eugene. OR 97440 1111111111111111111111111111111111111111111111111 $41.00 00941242200700625650040044 09/06/2007 03:29:04 PM RPR-DEED Cnt=1 Stn=1 CASHIER 05 $20.00 $11,00 $10,00 .'( ,\.M".... .. "., '~ - -.: TI After recording return to: Helfrich Family Revocable Living Trust 2587 North 19th Street Springfield, OR 97477 Until,a change's requested all tox statements shall be sent to the following address: Helfrich Family Revocable Living Trust 2587 North 19th Street Springfield, OR 97477 File No,: 7191-1094379 (kas) Date: September 04, 2007 STATUTORY WARRANTY DEED Janet Lowell Michlanski, who acquired title as Janet McBee; Grantor, conveys and warrants to Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust, Grantee, the follOWing described real property free of liens and encumbrances, except as specifically set forth herein: See Legal Description attached hereto as Exhibit A and by this reference incorporated herein, Subject to: 1. The 2007/2008 Taxes, a lien not yet payable, 2, Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey, The true consideration for this conveyance Is $600,000.00. (Here ,?mpiy with requ'rements of ORS 93,030) Page 1 of 4 PRE-SUBMITTAL REC'O APR 2 2 2008 ~;.... , , ~ APN:0197317 Statutory Warranty Deed - continued File No.: 7191-1094379 (kas) Dale: 09/04/2007 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 illLE TO THE. PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DffiRMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEAI'lED IN ORS .30,930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197,352, .n4~d ~~ Janet Lawell Michlanski STATE OF Oregon ) )ss, County of Lane ' ) ~ This Instrument was acknowledged before me on this ~ ; nf by Janet Lowell Michlanski. ,..,_._-_.~_._--_.- -= :: :- = ~~ I , OFFICIAL SEAL ' I KIM SPICER I , NOTARY PUBLIC OREGON I . , COMM'SS'ON NO, 398849 " MY COMMISSION EXPIRES OCT, 26, 200e. ----------_.-,-,- . 20!2J. Page 2 of 4 PRE-SUBMI11Al REC'D APR 'l 2 2008 -, ."" ~ APN:0191311 File No,: 1191.1094319 (kas) Date: 09/04/2001 Statutory Warranty Deed . continued EXHIBIT A LEGAL DESCRIPTION: PARCEL 1: BEGINNING AT A POINT ON THE NORTHERLY PROJEmON OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING 485,78 FEET SOUTH 810 47' 15" WEST AND 959,01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOIT DONATION LAND ClAIM NO, Sl IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJEmON OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEsT UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLAITED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335,00 FEET TO THE INmAL POINT OF FIRST ADDmON TO PHYLUS PARK, AS PLAITED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT-RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLUS PARK, NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER, 331040 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER OF THE SECOND ADDmON TO PHYLUS PARK; THENCE NORTH 890'53' WEST 116.39 FEET; THENCE SOUTH 650 16' 27" WEST 61.37 FEET; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON, SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: A PARCEL OF LAND IN SEmON 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADD,mON OF PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D, FISHER AS RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO, 3122, DEED RECORDS OF LANE COUNTY, OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE SOUTH 89053' EAST 154,36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53' WEST 10,0 FEET; THENCE SOUTH 00 07' WEST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE NORTH 890 53' WEST 154,36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON, ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACl OF LAND: Page 3 of 4 PRE-SUBMITTAL RECIO APR 2 2 2008 ... '. APN:0197317 Statutory Warranty Deed - continued File No,: 7191.1094379 (kas) Date: 09/04/2007 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK S2, PAGE 26, LANE COUNlY OREGON PLAT RECORDS, SAID POINT BEING 485,78 FEET SOUTH 81047' 15" WEST AND 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F; SCOTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTf OREGON PLAT RECORDS, 335.00 FEET TO THE INmAL POINT OF FIRST ADDmON TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60,70 FEET; THENCE NORTH B90 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND, THE TRUE POINT OF BEGINNING; THENCE NORTH 830 EAST ALONG SAID RNER 331.40 FEET; THENCE SOUTI;i 682.46 FEET; THENCE WEST 328,9 FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON, ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO, 77-05380, OFFICIAL RECORDS OF LANE COUNlY, OREGON, PARCEL 2: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNlY OREGON PLAT RECORDS, SAID POINT BEING 48S.78 FEET SOUTH 810 47' 15" WEST AND 959,01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F, SCOTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNlY OREGON PLAT RECORDS, 335,00 FEET TO THE INmAL POINT OF FIRST ADDmON TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLLIS PARK NORTH 890 53' WEST l1O.4S FEET; THENCE NORTH 810 09' 05" WEST 60,70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174,62 FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RNER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTf, OREGON, Page 4 of 4 PRE-51IBMITTAl RECiO APR ? 2 Z008 " Form No, 1402,06 AL TA Owner's Policy (6-17-06) 1100302POS0600' Policy No,: 7191-1094379 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title lnsurance Company Any notice of claim and anv other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TI-lE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITlE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against 105S or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgerY, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, 'or indexed in the Public Records including failure to perform those acts by electronicmeans,authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, vioiation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and compiete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the land onto adjOining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarkelllble Title. 4. No right of access to and from the Land. S. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building aiid zoning) restricting, regulating, prohibiting, Or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of iand; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice." 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. B. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Scheduie A or being defective (a) as a result of the avoidance in whole or in part, or from a court order prOviding an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule, A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedure,'A constitutes a preferential transfer under federal bankruptCy, state insoivency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to,'a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as 'shown in Schedule A. The Company wiil also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent' provided in the Conditions. Title Insurance Company of Oregon dba FIRST AMERICAN TITlE INSURANCE COMPANY OF OREGON ;""".W"",,,. "" /.<<'a - f't[~ ; Attest: l~""'~Q~__ ' Secretary f~~~-::'::~~~ PRE-SUBMITrAL REC'O APR 2 2 2008 Form No. 1402.06 AL TA Owner's Policy (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (inCluding those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement 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 I{a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or Hmit the coverage provided under Covered.Risk 5. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Ciaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or, damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and to); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any Claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shawn in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential tr?nsfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the TItle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests TItle as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this poliCY mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section B(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in 5cheduleA (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the TItle of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a' deed delivered without !Jayment of actual valuab-Ie consideration conveying the TItle (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly.owned by the named Insured, (2) if the grantee whoily owns the named Insured, (3) if the grantee is whOlly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both whoily-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. Policy Page 2 Policy Number: 109'1379 (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any ~,Cu"....,,~.>v, Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" Or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or' any other records that impart constructive notice of matters affecting the Title, (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage':: Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced. by electronic means authorized by law. ' (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall als'o include environmentai protection liens filed in the records of the clerk of the United States District Court for the district where the land is located. (j) ''Titte'': The estate or interest descril1ed in Schedu1e A. (k) "Unmarketable Title": lltle affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the TItle or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this poliCY shaH continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an qbligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only 50 long as the Insured Shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force infavor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured s~all notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the TItle, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmark,etable lltle, If the Company is prejudiced by the failure of the InSured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the [nsured Claimant furnish a signed proof of 1055. The proof of loss must describ-e the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the baSIS of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subjeCt to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in PRE-SU8MITIAL RECiD APR 22. Z008 first American Title Insurance Company of Oregon Form No. 1402.06 . A~ TA Owner's Policy (6-17-06) Section 7 of these Conditions, at its own cost, ,to institute and prosecute any action or proceeding or to do any other act that.in its opinion may be necessary or desirable to estabiish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or assert; a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or reqUires the Company to prosecute_or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or prOvide defense in the action or proceeding, including the right to use, at its option, the name of the InSured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company, may be necessary or desirable to establish the Title,or any other matter,as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative' of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third' party that reasonably pertain to the loss or damage. Ali information designate'd as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as reqUired in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION Of LIABILITY In case of a claim under this policy, the Company shall have the following additional options; (a) To Payor Tender Payment of the Amount of InSUrance. To payor tender payment of the, Amount of (nSurance under this poliCY together with- any costs, attorneys' fees,_ and expenses incurred by 'the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and 'obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Payor otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To payor otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To payor otherwise settle with the.'Insured Clah'nant the loss or damage provided for under th~s policy, together with any costs, Policy Page 3 Policy Number: 1094379 attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured, under this poliCY for the claimed loss or damage, other than the-payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss Or damage by reason of matters insured against by this policy, (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Hie as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be Increased by 10%, and (ii) the Insured Claimant shall have' the right to have the iossor damage detennined either as of the date the claim was made by the Insured Claimant or as of the date It is settled and paid, (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys"fees, and expenses incurred in accordance with Sections 5 and i of these Conditions. 9. LIMITATION Of LIABILITY (a) IF the Company establishes the Hie, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obiigations with respeCt to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Hie, as insured, (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written Consent of the Company. 10. REDUCTION. Of INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of [nsurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shail be reduced by any amount the Company pays under any poliCY insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by anoInsured after Date of Policy and which is a charge or lien on the TItle, and the amount sopaid shall be deemed a payment to the Insured under this poliCY. 12. PAYMENT Of LOSS When liability and the extent of loss or damage have been definitely fixed in aCCordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS Of RECOVERY UPON PAYMENT OR SETTtEMENT (a) Whenever'the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rightS of the Insured Claimant in the TItle and all other rights and remedies in respect to the claim thatthe Insured Claimant has against any person or property; to the extent o(the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and" remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the InSured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the InSured Claimant shail have recovered its loss. PRE-SUBMITTAL REC'O APR 2 2 2008 First American l1t1e Insurance Company of. Oregon Form No. 1402.06 AL TA Owner's Policy (6-17-06) (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the l1tle Insurance Arbitration Rules of the American Land Hie Association ("Rules''). Except as provided in the Rules, there shall be no jJinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Compariy and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any Court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with aU endorsements,. if any, attached to it by the Company Is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the lItle or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. Policy Page 4 Policy Number: 1094379 (d) EcKh endOrsement to this policy issued at any time is made a part of this poliCY and is subject to all of its terms and proviSions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisionsof the policy, (Ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or In part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. ' 17. CHOICE OF LAW; FORUM (a) Choice of "Law: The Insured acknowledges the Company has underwritten the risks ~overed by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable. to the interpretation, rights, remedies, or enforcement of policies of, title insurance of the jurisdiction where the Land.is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the litle that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within theJ United States of America or its ~erritories having appropriate jurisdiction. lB. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 first American Way, Santa Ana, CA 92707, Attn: Claims Department. POLICY OF TITLE INSURANCE PRE.SUBMITTAL REC'O APR 2 2 2008 First American Title Insurance Company of Oregon Form No. 1402.06 Al TA Owner's Policy (6-17-06) PoHcy Page 5 Policy Number: 1094379 SCHEDULE A First American Title Insurance Company of Oregon Name and Address of 1itleInsurance Company: First American 1itle Insurance Company of Oregon 600 Country Club Road Eugene, OR 97401 File No,: 7191-1094379 Address Reference: 2833 20th Street, Springfield, OR 97477 Amount of Insurance: $600,000,00 Date of Policy: September 06, 2007 at 3:29 p,m, Policy No,: 1094379 Premium: $1,500,00 1. Name of Insured: Dean Helfrich and Gayle D, Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust 2, The estate or interest in the Land that is insured by this poli~y is: Fee Simple 3, Title is vested in: Dean Helfrich and Gayle D, Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust 4, The Land referred to in this policy is described as follows: See Exhibit "A" attached hereto and made a part hereof PRt.SUBMm~t RECiD' APR 2 21008 First American Title Insurance Company of Otegon Form No. 1402.06 AlTA Owner's Policy (6-17-06) PoliCY Page 6 Policy Number: 1094379 SCHEDULE B File No,: 7191-1094379 Policy No,: 1094379 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes or assessments which are not shown as existing" liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records, 2, Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof, ], Easements, or claims or easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water,rights, claims or title to water, 4, Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the" title that would be disclosed by an accurate and complete land survey of the subject land, 5, Any lien, or right to a lien, for services, labor, material, equipment rental. or workers compensation heretofore or hereafter furnished, imposed, by law and not shown by the public records, 6, Taxes for the fiscal year 2007-2008 a lien due, but not yet payable, 7, The assessment roll indicated a 2002 postponed farm tax, If the herein described property is changed or modified to the extent that it can no longer be farmed, an additional tax of $1,403.03 will become due and payable, (Account No, 1517703) 8, Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the mean high water mark of McKenzie River and the ownership of the state of Oregon in that portion lying below the high water mark of McKenzie River, 9, Any adverse claim based upon the assertion that some portion of said land has been removed from or brought within the boundaries thereof by an avulsive movement of the McKenzie River or has been formed by the process of accretion or reliction or has been created by artificial means or has accreted to such portion so created. 10, The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. PRE-SUBMITTAL REC'O APR2 2 2008 First American Title Insurance Company of Oregon Form No. 1402.06 Al fA Owner's Policy (6-17-06) Policy Page 7 Policy Number: 1094379 11. Easement, including terms and provisions contained therein: Recording Information: September 01, 1933 in Book 178, Page 15B, Deed Records of Lane County, Oregon In Favor of: City of Eugene, by and through the Eugene Water Board ~~ ~~~w~. ' 12, Boundary Line Agreement, including the terms and provisions thereof, executed by Signe F, Andersen, and Baxter Fisher and Ann Fisher, recorded July 27, 1956, Reception No, 90919, Deed Records of Lane County, Oregon, (East Line) 13, Easement, including terms and provisions contained therein: Recording Information: December 26, 1973, Reception No, 73-57222, Official Records of Lane County, Oregon ,In Favor of: City of Eugene, for the use and benefit of the Eugene Water & Electric Board For: right of way 14, Easement, including terms and provisions contained therein: Recording Information: June 11, 1975, Reception No, 75-22936, Official Records of Lane County, Oregon ' In Favor of: City of Eugene, for the use and benefit of the Eugene Water & Electric Board For: right of way 15, Deed of Trust and the terms and conditions thereof, Loan No,: undisclosed Grantor/Trustor: Dean Helfrich and Gayle D, Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust Grantee/Beneficiary: Janet L. Michlanski Trustee: First American 1itle Amount: $450,000,00 Dated: September 04, 2007 Recorded: September 06, 2007 Recording Information: 2007-062566 ?RE.~\ IRMITIAL RECID APR 2 2 ZOOS " First American Title Insurance Company of Oregon Form No. 1402.06 ALTA Owner's Poliey (6-17-06) Policy Page 8 Polley Number: 1094379 EXHIBIT" A" File No,: 7191-1094379 Policy No,; 1094379 Real property in the City of Springfield, County of Lane, State of Oregon, described as follows: PARCEL 1: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING 485,78 FEET SOUTH 810 47' 15" WEST AND 959,01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F, SCOTT DONATION LAND CLAIM NO, 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335,00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLi\T RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK, NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER, 331.40 FEET; THENCE SOUTH 930 F,EET TO THE NORTHEAST CORNER OF THE SECOND ADDITION TO PHYLLIS PARK; THENCE NORTH 890 53' WEST 116,39 FEET; THENCE SOUTH 650 16' 27" WEST 61.37 FEET; THENCE NORTH 890 53' WEST 154,36 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON, SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: A PARCEL OF LAND IN SECTION 24, TOWNSHIP 17 SOUTH, RANGE,3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A 5/8 INCH,IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDITION OF PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D, FISHER AS RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO, 3122, DEED RECORDS OF LANE COUNTY, OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE SOUTH 89053' EAST 154,36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53' WEST 10,0 FEET; THENCE SOUTH 00 07' WEST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE NORTH 890 53' WEST 154,36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON, PRE-SUBMITTAL RECIO APR 2 2 2008 First American TItle Insurance Company of Oregon Form No. .1402.06 AlTA Owner's,Policy (6-17-06) Policy Page 9 Policy Number: 1094379 ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITlON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' IS" WEST AND 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F, SCOTT DONATION LAND CLAIM NO, 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITlON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITlON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335,00 FEET TO THE INITlAL POINT OF FIRST ADDITlON TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH 80UNDARY OF THE SAID FIRST ADDITlON TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60,70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BEGINNING; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTtl682.46 FEET; THENCE WEST 328,9 FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE TRUE POINT OF BE~INNING, IN LANE COUNTY, OREGON, ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO, 77-05380, OFFICIAL RECORDS OF LANE COU'NTY, OREGON, PARCEL 2: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITlON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81047' 15" WEST AND 959,01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F, SCOTT DONATION LAND CLAIM NO, 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITlON TO EL 80NITA GARDENS AND THE WEST LINE OF SECOND ADDITlON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335,00 FEET TO THE INITlAL POINT OF FIRST ADDITlON TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITlON TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 81009' 05" WEST 60,70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174.62 FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON, APN: 0197317 and 413200S and 1517703 PRE.SUBMmAL RECIO APR2 2 2008 1t First American Title Insurance Company of Oregon Form No. 1402.06 Al TAOwner's Policy (6-17-06) Policy Page 10 Policy Number: 1094379 "l ,. ..", ~ ~~ ..... First American First American Title Insurance Company of Oregon 600 Country Club Road Eugene, OR 97401 Phn - (541)484-2900 Fax - (541)484-7321 September 26, 2007 Helfrich Family Revocable Living Trust 2587 North 19th Street Springfield, OR 97477 Order Number: 7191-1094379 (MGR) TItle Officer: Phone: Fax No,: E-Mail: Mike Rutherford (541)484-2900 (541)485-7217 mgrutherford@fir5tam,com Escrow Officer: Phone: Fax No,: E-Mail: Kim Spicer (541)484-2900 (541)484-7321 kspicer@firstam,com Property: 2833 20th Street Springfield, Oregon 97477 We enclose the following: Owner's Policy Thank you for your confidence and support, We at First American Title Insurance Company of Oregon maintain the fundamental principle: Customer First! PRE-SUBMIHAL REC'O! APR 2 2 2008 First American Title Insurance Company of Oregon