HomeMy WebLinkAboutApplication APPLICANT 11/7/2008
"'0 iCity of Springfield
"Development Services Department
225 Fifth Street
Springfield, OR 97477
Minimum Development Stanciards
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Applicant Name:
Icompany:
M ~' M [....,.1 (~'~r~7'
LLL
Phone:
Fax:
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OR 9740 I
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AP~'licant's' Reo::": :~S.~'c'iT Matliu',:' ,! 'I. '
Ico~panY: '" (J/Sa"" + f11oRill!,
IAddress( J-' UJ' ;'1_ 38~) rQrI~~r'!1/"j\t:i} 2t~c:"" :i
I Property Owner: ,.5/lml!' A, It!; I.,:. f"
I Company:
Phone:
Fax:
IASSESSOR'S MAP NO: Il~C 3. ~ z:S' - I~ ITA)( lOT NOeS):
I Property Address:
I Size of
I Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: 512:" A'rlrh..ifI!D NIUla.IYr,,,V 11-",,) Dttj....ii-.;l-.
I Existinq Use: l2..~...'.1 (, ~.t.r
500
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Mnl..,,_k
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Acres
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Associated Cases: .\)lQ.c 2O<Xo - .~~t,j (OVif ~'1Q. SPI<)
Icase No.: DQc. 2rv-.i?-., ~ I Dat:: II/=t Ir-.CD
I H tP I" .- '" $IJ
Application Fee: $ . , U / Technical Fee:.$.3~
I R~Viewed by: ~
I Postaqe Fee: $0 '
TOTAL FEES: ~ 1&1. ~ . PROJECT NUMBER: riR ~ '7dJ(,- &Jo2-=f ..
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Date Received:
NOV ' - 7 2008
Original Submitlpl
Revised 1/1/08 Molly Markarian
1 of 6
Signatures
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Applicant:
The undersigned acknowledges that the information in tHis application is correct and accurate. .
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Signature
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Date:
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Owner:
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.. If the ap,Pli~nt is nofthe O\a,'::JiY1er;th~-~ hereby grants" permiss on forthe applicant to act in his/her behalf.
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I certify that I prepared the attached plot plan and that it contains the information specified in the submittal
requirements checkiist. I certify that the plot plan isiaccurate based upon fieid locates and the best
availabie information. I understand that City staff will rely upon the plot plan in making any decisions
regarding the Minimum Development Standards application. I accept full responsibility and liability in the
:~:~:~~~ion: event JerJl~anY omiSSions" mistakes, or ina;curacles In the :o~::~. II /06 /0 g ,
Plot' Planfr':e;;;;;; signatur~ I I I
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Date Received:
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NOV -!7 2008
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,;l~ ':original Submittal
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Minimum Development Standards Submittal Requirements Checklist
NOTE: If you feel an item does not apply; please state,the reason why and attach the
explanation to this form.
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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. t$ 'f(, L..-. 30 ." ':-
Minimum Development Standards Application Form
Copy of the Deed
Copy of.a preli.m.inary Title Report issued within the pa~t 30 da~ocumenting
ownership and listing all encumbrances. ,~ '
01/' ..1Ilight-of-Way Approach Permit Application provided where the property has frontage
JV f-bn an Oregon Department of Transportation (ODOT) facility.
o
Detailed Written Explanation of the Proposal to Include:
~ Project name
o Size and location of property
. 0 Zoning and plan designation of the site and adjacent properties
~. Proposed use of the development area and scope of p,roposed development
o Access
o Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer
main, etc.)
o Current use of the site and any e~isting improvements
o Special site features (i.e. wetlands, watercourses, steep slopes, etc.); a general
statement addressing soil type and drainage conditions
, 0 Estimated quantities and type of materials involved if a~y fill or excav~tion is proposed
o Number, type, and size of any trees\:o be 'removed
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o Explanation of any land to be dedicated to the City
o Proposed modifications being requested
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o Additional planning applications required for proposed project
o Justification for proposed MDS exceptions
o Time line extensions being requested
, Date Received:
NOV - 7 2008
Original Submittal
. Five'(S) Copies of a Plot Plan Including the Following Information:
o Proposed buildings and/or additions:, location, dimensions, size (gross floor area),
setbacks from property lines, distance between buildings, and height '
o The scale appropriate to the area involved and sufficient to show detail of the plan and
related data, such as 1" = 30', 1" = 50' Qr 1" = 100'
o North arrow
o Date of preparation
Revised 1/1/08 Molly Markarian
40f6
.~ Minimum Development Standards Application Process
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As:stated in SDC 5.15-100, the minimum development standards (MDS) process is intended to support
economic development by minimizing City review for minor additions, expansions, or changes in use as
specified in SDC 5.15-100. MDS ensures that such development. however, complies with specific
appearance', transportation, safety and efficiency, and stormwater management standards specified in the
SDC and otherwise protects the public health , safety and welfare. .
I
1. Applicant Submits a Minimum Developm.~nt Standardsc,Application to the
Development Services Department 'I. .
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· The application must conform to the Minimum Development Standards Submittal
Requirements Checklist on pages 4-5 of this application packet.
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· Planning Division staff screen the submittal at the front counterto determine
whether all required items listed in the MInimum Development Standards Submlttc!
Requirements Checklist have been submi,tted.
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· Applications missing required items will not be accepted for submittal.
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2. City Staff Conduct Detailed, Completeness Ch~ck .
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· Planning Division staff conducts a detailed completeness check .within 30 days of
submittal. : .
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. The assigned Planner notifies the applicant in writing regarding the completeness of
the application." "
. An application is not be deemed technicailycomplete until all Information necessar'
to evaluate the' proposed development, its impacts, and its compliance with the
provisions of the Springfield Development Code and other applicable codes and
,
statutes have been provided. . ' 1
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. Incomplete applications, as well as insufficient or unclear data, will delay the
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application review process and may result in denial;
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3. City Staff Review the Application an~ Issue aiDecisioil
. This is a Type I decision and thus is made without public notice and without a public
hearing since there are clear and objective approval criteria and/or development
standards that do not require the use of discretion.
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)~,,. Decisions address all the applicable appr9val criteria and/or development standard; .
. Applications may be approved, approved (with conditions, or denied.
,. :n. 'The"dty mails the appli~ant and any partY of standing a copy of the decision, v,;hicll
, ,!~,E!~~,C~!~G-o,~ the day it is mailed. I
. The decision issued is the final decision of the City and may not be appealed.
!
,
Revised 1/1/08 Molly Markarian
3 of 6
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
Job/Journal Number
DRC2008,00075
DRC2008-00075
Payments:
Type of Payment
Check
cRcceiotl
RECEIPT #:
.pJ~GFnfLD ___
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3200800000000000734
Description
CTY Minimum Dev Standards
+ 5% Technology Fee
Paid By
M & M LAND CO LLC
City of Springfield Official Receipt
Development Services Department
Public Works Department.
Date: 11/07/2008
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
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Page I of I
503
I n Person
Payment Total:
Date Received:
NOV - 7 2008
Original Submittal
3:03:16PM
Amount Due
726.00
36.30
$762.30
Amount Paid
$762.30
$762.30
111712008
\....11 t OF SPRIr,hrlJ~..LD
VILulitl1 i MAP
DRC2008-00075
1989,Mobawk Blvd
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Date Received:
NOV - 7 2008
Original Submittal
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Map 17-03-25-13
MA Tax Lot 500
North
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OILSON &
MloRRllS
A division of
L.B. Olson & Associates, Inc.
Consulting Engineers
Land Surveyors
Urban Planners
380 Q Street
Suite 200
Springfield, Oregon 97477
(541) 302,9790
Fax: (541) 485-3253
olsonandmorris.com
. Minimum Development Standards Application
Mohawk Corner Retail Center
New Trash Enclosure for Parking Lot
Owner
M & M Land Company, LLC
101 East Broadway, Ste 101
Eugene, OR 97401
Aoolicants Renresentative
Olson.& Morris
Attn: Scott Morris, PE
380 Q Street, Ste 200
Springfield, OR 97477
Date Received:
NOV - 7 2008
Original Submittal
Site Data
Size:
Zoning:
Adjacent Zoning:
0.86 Acres
Community Commercial
Community Commercial (Existing Apartments)
Proiect Overview
The Mohawk Comer retail center was approved by the City of Springfield and
constructed in 2006. The development includes a multi-tenant building with associated
parkirig and landscaping. As part of the site review approval, Concentric Architecture
. submit1ed a response to condition 12 that a common trash I recycling facility would not
be provided and each tenant would have individual facilities. This was how the project
was approved and subsequently constructed.
However, after leasing the spaces the tenants wanted a common facility. Therefore a
common trash dumpster and recycling dumpster were placed on the property and a chain
link fence with slats was constructed around them. The City of Springfield issued a
warning citation for non-compliance with code provisions for trash enclosures on
October 14,2008.
1t is almost always very difficult and expensive to retrofit an existing development with a
trash enclosure that meets City code. Attached is a drawing that shows the proposal to
construct such a facility.
Jrash Enclosure
The trash enclosure is required to be fully enclosed and screened from adjacent properties and,
the rights of way. The attached plan sheet shows the proposed trash enclosure to be in the
eastern portion of the parking lot (where the existing chain link fence exists). The fence will be
fully slatted to provide.screening from the parking area and the right of way to the north
(Marcola Road). The building provides screening from the right of way to the west (Mohawk
Blvd.), and existing landscaping to the south provides additional screening ftom the adjacent
apartments.
.Hvdraulic Isolation
The existing asphalt is proposed to be cutout in the perimeter of the chain link fence and sloped
to the center of the slab. The adjacent asphalt currently is~graded and drains away from this area,
and the existing curb on the south and east sides will prevent storm water from entering the
enclosure. Modifications will be made to the structure and a metal roof will be added to
completely isolate the enclosure hydraulically.
A small rock splash trench will be constructed in the existing landscape planter to the south,
which will allow the roof to sheet drain into the landscape area and prevent erosion.
" .
SanitarY Sewer Connection
The main challenge to this trash enclosure is the required connection of the area drain to the
sanitary sewer system. The closest connection to the sanitary system is 235 feet from the
enclosure and is not deep enough to provide for a gravity connection. Therefor~, a pump system
would need to be installed, which would require an electrical hookup which is also not very
close. This would also require significant impact to the landscape and irrigation system to make
the connection.
Therefore, we are proposing a self contained system that can be manually cleaned. The attached
plans call for a standard catch basin with a minimum 36 inch depth and the outlet plugged. This
would include an agreement to monitor the catch basin sump on a monthly basis and pump out
the basin when it reaches 2/3 full.
Since the trash enclosure is hydraulically isolated, it is not expected to receive much run off.
And since there would be no connection to the sanitary system, we do not expect an odor
problem that wpuld require venting.
We feel this system meets the intent of the code requirements for connection to the sanitary
sewer system.
Date Received:
NOV - 7 2008 '
Original Submittal
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/ 4"-0" ROUND ROCK
TO SERVE AS SPLASH
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FENCE ENCLOSURE
W/SLATS TO REMAIN
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CONCRETE PAD \
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Original Submittal.
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RAFTER 2' O.C.
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ENCLOSURE ROOF DETAIL
NT.S.
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EXISTING LANDSCAPE j .
TO REMAIN
SPLASH PAD DETAIL
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S, E. CORNER OF MOHAWK BLVD. & MARCO LA RD.
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CONSTRUCTION NOTES
41. CONST 6" CONCRETE OVER 1" CRUSHED
ROCK.
82. SAWCUT AND REMOVE EXISTING AC PAVING
TO CUTLlNE.
.CONST ENCLOSURE ROOF AS PER DETAIL.
CONST CATCH BASIN AS PER DETAIL.
CONST 4"-0" ROUND ROCK SPLASH PAD
PER DETAIL.
110.
412.
415.
NOTE:
PROPOSED CATCH BASIN SHALL' BE MONITORED
MONTHLY AND PUMPED DRY WHEN 2/3RD FULL.
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Date Received: FAS2~:\ 12" ,~~. . . .
NOV -72008 "PI HFADrR !"T~ l' x 2.\/8" GALV
1/2" BOLT ~~ EXTENSION
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After recording, return to:
Terence 1. Hammons
Hammons & Mills
115 W. SLh Ave., Suite 280
Eugene, OR 97401
Until further notice s.end tax statements to:
M & M Land C'ompany, LLC
c/o Richard Hunsaker
36986 Camp Creek Road
Springfield, OR 97478
Division of Chi.' Depuly Clerk
Lane Counly D.ed. and Recorda
,
~J895
$31.00
1111111111111111111111111111111111111111111111111
008179242006004389!N."''''iIo.IiI......
06123/ZOOS II :36:02 Aft
RPR-DEED Cnl=1 5ln=& CASHIER 07
$10.00 511,00 $10.00
Date Received:
BARGAIN AND SALE DEED
NOV - 7 2008
Original Submittal
Olympic Street, LLC, an Oregon limited liability company, and Richard L. Hunsaker
and Sandra L. Hunsaker, Grantors, convey to M & M Land Company, LLC, an Oregon
limited liability company, the following described real property:
See Exhibit "An attached
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS. IF ANY. UNDER CHAPTER I, OREGON LAWS 2005
(BALLOT MEASURE 37 (2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERJFY APPROVED USES. TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARM'NG OR FOREST PRACTICES AS DEFINED IN ORS 30,930, AND TO INQUIRE ABOUT THE RIGHTS
OF NEIGHBORJNG PROPERTY OWNERS, IF ANY, UNDER CHAPTER I. OREGON LAWS 2005 (BALLOT
MEASURE 37 (2004)).
The true consideration for Ihis conveyance is other than money,
I2J);0~O _
Richard L. Hunsaker
OLYMPIC STREET, LLC
By: ~p~'
Alan Evans, Member
STATE OF OREGON. County of Lane ) ss.
~ eX @..,..,J-
Sandra L. Hunsaker
This instrument was acknowledged before me by Alan Evans, a member of Olympic
Street, LLC',on this c/1.;J..vJ. day of June, 2006.',
This instrument was acknowledged before me by Richard L. Hunsaker and Sandra L.
Hunsaker, on this >>/Jd day of June, 2006.
~(},~
Notary Public for Oregon
My Commission Expires: /,dO-.2f)()'j
~-,,,) C,r,VI)f.:"
Notary Public for Oregon V
My Commission Expires: l-rlC-~ q
STATE OF OREGON. County of Lane) 55.
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OFFICIAL sEAl.
CATHLEEN C CRAFT8
.; ,; IIOTNlVPIJBUC.OREGOll
. ; COMfIlSSIOH NO. 386721
III_EII'IlllINtJNIf2O,lIlll
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. 0FFIClALSEAI.
CATHLEEH C ClWTlI
; ., .IIOTARY fU8UC -OREGON
\. .,/ COMtRSStON NO. 386721
U't'COMMISSlCWfJilHSJAHl.WlY20.2IXl9
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A parcel of land lying in the B.B, Powers Donation Land Claim Number 81 in the Southweit
. one-quarter of the Northeast one-quarter (SW If.. NE Yo) of Section 25, Township 17 South,
Range '3 West of the Willamette Meridian. Lane County, Oregon, and being a portion of that
property described in those certain deeds to LANE COUNTY, a political sulxli"ision of the
State of Oregon, recorded June 21,1946, in Book 323, Pages 601 and 602 and March 18, 1952,
in Book 456, Pages 480 IlJId 481, LANE COUNTY OREGON DEED RECORDS, said parcol
being all that portion that was vacated by The Board of County Commissioners ofLalre County
by Ordisr n-4-19-11 described as follows:
"Beginning at a point on the Easterly right or' way line of Mohawk Road portion of the
Mohawk Road Interchange (Eugene-Springfield Highway), said point being opposite and 40,0
feet distant Southerly from Engineers' Centerline Station MK m!l.76 P,Q,C., also said point
blling 439,23 feet North and 101.85 feet East of the Southeast comer of the William C.Spencer
Donation Land Claim No. SO, Township 17 South, Range:3 West, WiUamette Mllridian; thence
North 19039' 04" West, 118.08 feet; thence North 1046' 55" East, 102.70 feet; mence North
49015' IS" East, 51.57 feet to a point opposite and 60.0 feet distant Southerly from Enginc:enl'
Centerline Station L 46+35.00 P.O,T. of Mohawk Road - l!l'l' Street relocation; thence South
88006' 55" East, 145.00 feet; thence North 880 20' 28" East, 257.39 fect to a point opposite
and 40.0 feet distant Southerly from Bngineers' Centerline Station MK 4+39,63 P.O,C.; thence
on a 532.96foat radius ClU'Ve left (the long chord of which curve bears South 58016' 44" West,
475.84 feet) B distance of 493.12 feet to the place of beginning. .
Date Received:
NOV - 7 2008
Original' Submittal
"j.. ~ -'I
First American
'First American Title Insurance Company of Oregon
600.Country Oub Road
Eugene, OR 97401 ,
Phn, (541)484'2900
Fax' (541)484'732(
Order No,: 7191-1047970
May 21, 2007
,
fOR OUESTlONS REGARDING YOUR CLOSING. PLEASE CONTACT:
CYNTHIA FOSTER, Escrow Officer/Closer
Phone: (541)484-2900 - Fax: (541)484-7321- Email:cgfoster@firstam.rom
First American Title Insurance Company of Oregon
600 Country Club Road, Eugene, OR 97401
FOR ALL OUESTIONS REGARDING'THIS PREUMINARY REPORT. PLEASE CONTACT:,
Ronald Denton, TItle Officer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email:radenton@firstam.oom
Preliminary Title Report
ALTA Owners Standard Coverage Uabilily $ Premium $
ALTA Owners Extended COverage UabUily $ Premium. $
ALTA Lenders Standard COverage UabUily $ Premium $
AL TA Lenders Extended Coverage UabUily $ 1,660,000.00 . Premium $ 3,090.00 STR
Endorsement 9,22 & 8,1 Premium $ 100.00
Govt Service Charge Oist $ 15.00
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 May 15, 2007 at 8:00 a.m., title vested in:
M & M Land COmpany, LLC; an Oregon Limited Liability Company
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. The rights of the public in and to that portion of the premises herein described lying within the
limits of ~;..=;", roads and highways.
2. Easements for utilities over and across the premises formerly included within' the boundaries of
Mohawk Access Road now vacated, if any such exists.
Date Received:
NOV - 7 2008
This report is for the exdusiVe use of the pa~ herein shown and is preliminary to the issuance ofa
title insurance policy and shall become void unles> a policy is issued, and the full premium p;jid., I Submittal
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PreliminalY Report
Orner No.: 7191-1047970
,Page 2 of 5
3. Any easement or lesser right in favor of Lane. County for the public use of a driveway over and
across a portion of said land as disclosed by Judgment entered January 13, 2003, in Case No. 16-
01-13668, Circuit Court for Lane County, Oregon.,
4. Easement, including terms arid provisions'contained therein:
Recording Information: April 27, 2005, Reception No. 2005-030092
In Favor of: City of Springfield, a Municipal Corporation, acting by, and
through its Springfield Utility Board
For: right of way
5. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: M & M Land Company, LLC, an Oregon Limited Liability
Company
Grantee/Beneficiary: LibertyBank
Trustee: First American Title Insurance Company of Oregon
Amount: $1,200,000.00
Dated: October 13, 2006
Recorded: October 19, 2006
Recording Information: 2006-075943
6. Easement, including terms and provisions contained therein:'
Recording Information: December 07, 2006, Reception No. 2006-08751:13
In Favor of: . City of Springfield, a municipal corporation, in Lane County
For: public utility .
7, Memorandum of Right of First Refusal, including terms and provisions thereof,
, Recorded: January 25, 2007, Reception No. 2007-005436
8. A lease and the terms arid Conditions thereof.
Lessor: M & M Land Company, LLC
Lessee: Oregon Community Credit Union
Disclosed by: ' Memorandum of Right of First Refusal
Dated:. January 19, 2007
Recorded: January 25, 2007
Recording Inforrriation: 2007'005436
Date Received:
NOV - 7 2008
,
Original Submittal
AfstAmerican Title
Preliminary Report,"
Order No.: 7191'1047970
, Page30fS
9. Affirmative coverage may be provided by First American litle Insurance Company of Oregon as
to the following exceptions if sufficient documentation is provided. Any matters disclosed by the
extended search will be set-forth as exceptions to the title:
a. Taxes or assessments which are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the public
records; I'.,,""'c~ings by a public agency which. may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency
or by the public records. . .
b. Any facts, rights, interest, or claims which are not shown by the public records but
which could be ascertained by an inspection land or by making inquiry of person in
possession thereof.
c. Easements, encumbrances, .or claims thereof,not shown by the publiC records,
unpatented mining claims, reservations or exceptions in patents or ,in acts authorizing
the issuance thereof, water rights, claims or title to water.
d. Any lien, or right to alien, for services, labor, or' material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
e. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
other facts which a correct sJrvey would disclose. .
- END OF EXCEPTIONS -
NOTE: We find no il!dgments or United States Internal Revenue liens against M & M Land Company,
LlC
NOTE: Taxes for the year 2006-2007 PAID IN FULL
Tax Amount: $5,111.28
Map No,: 1703251300500
Property ID: 0203503
Tax Code No.: 01900
NOTE: This Preliminary TItle Report does not include a search for Finandng Statements filed in the Office
of the Secretary of State, or in a county other than the county wherein the premises are situated, and no
liability is assumed if a Financing S~tement is filed in the Office of the County Clerk covering fixtures on
the premises wherein the lands are described other than by metes and bounds or under the rectangular
survey system or by recorded lot and block. '
Situs Address as disclosed on Lane County Tax Roll:
1981 and 1989 Mohawk Blvd., Springfield, OR 97477
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
cc: M & M Land Company, LLC
cc: Citibank Date Received:
. cc: Marshall Commercial Funding
NOV - 7 2008
cc: Alan Evans, Evans Elder & Brown Inc.
101 E Broadway #101, Eugene, OR 97401-3114
Original Submittal
A"rst American Title
Date ReceiveCl.
Preliminary Report
NOV - 7 2008
Order No.: 7191-1047970
Page 4 of 5
.
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SCHEDULE OF EXCLUSIONS FROM COVERAGE -
ALTA LOAN POUCY (06/17/06)
The follOWing matters are expressly excluded from the coverage of this policy, and the Company, will not pay loss or damage, rosts, 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 enjoyme-1t of the land;
(ii) the character, dimensions, or location of any. improvement erected on the Land;
(iil) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion l(a) does not modify or limit the coverage
provided under Covered Risk 5. , "
(b) My, governmental police power; This Exclusion l(b) does not modify or limit the ooverage provKied under CoYen:!d 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 I'llatters
(a) created, suffered, assumed, or agreed to by the Insured Oaimant;, {
(b) not Known to the Company, not recorded in the Public Realms at Date of Policy, but Known to the InSured Claimant and not disclosecHn writing to
the Company by the Insured Oaimant pr10r to the date the Insured Claimant became an Insured under this policy;
(c) resulting n no loss or damage to the Insured Oaimant;
(d) attaching or created subsequent to Date of Policy (however, this does not mOdify or limit the c9Verage provided under Covered Risk 11, 13, Q( 14);
Q( .' .
(e) resulting in loss or damage thatwould not have been sustained if tlleInsured Oaimant had paid value for the Insured Mortgage.
4. L, = nu, ,-,=.Jility of the lien of the Insured Mortgage because of the inability or failure olan Insured to comply with applicable dong-business laws of the
stare where. the land is situated: , "
5. InValidity or' unenfon:eability in whole or in part of the lien of the' Insured Mortgage that arises out of the transaction .... .~..... .~....~ !JY the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-Iending law. ,
6. Any claim, by reason of !he operation of federal bankruptcy, state insolVency, or similar creditors' rights laws, that the transaction creating 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,for real estate taXes or assessments ifl"lPl)!ieCl by,governmental authority and created or attachng bet\wen Date of PoIicy'and the
date of recording of the Insured Mortgage in the Public R.ealms. !his Exclusion does not modify or limit the coverage provided urlder Covered Ri~ ll(b).
ALTA OWNER'S POUCY (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. (a) Any law, ordinance, permit, or governmental regulation (includIng those refatng to building and zoning) restJictjng, regulating, prohi/Jiting, or
relatingto'
(i) the occupancy, use, or enjoyment of the land;
Oi) the character, dimensions; or location of any improvement erected on the land;
(iii) the subdivision of land; Of
(iv) environmental Protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not mOOify or limit theeoverage provided
under Covered Risk 5. '
(b) Any governmental police power. This Exclusion l(b) does not mOOify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion Does not mooify OJ" limit the cOverage provided under Covered Risk 7 or 8.
3. Defucts,lie'ns, encumbrances, adverse claims, or other matters
(a) created, suffered, assur'ned, 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 by the Insured Claimant prior to the date the Insun:!d Claimant became an Insured under this IXllicy;
(c) resulting in no loss or damage to the Insured Claimant; :1
(d) attaching or created subseQuent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and iO); 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, thatthe transaction veSting the 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 90f this policy.
5.. Any lien on the Td:Ie for real estate taXes or assessments imposed by. governmental authority and created or attaching between Date of Policy and the
datE:! of recon::Iing of the deed or 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 t:tIat are not shown as
existing liens in the records of any taxing alJthority that levies taxes or assessments on real property or in the public records.
2. Any Facts, Rights, Intere>ts, or Claims thatare not shown in the public records but that could 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 EOOJmbrances that are not shown in the public records.
4. Any Encroachment, Encumbrance, Violatiorl, Variation, or Adverse Cirwmstance ,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 thafare not sh()wn in the public records. .
. 5. Unpatented Mining Claims; Reservations or Exceptions in Patents or in acts authorizing "the issuance thereof; Water
Rights, C~ims or TItle to Water. .. . '
6. Any lien,'or Right to a Lien, for Services, labor or Material theretofore or hereafter furnished, imp()Sed by law and not"
shown in the public records. .
NOTE: A SPEaMEN COPY OF ll-lf POliCY FORM (OR FORMS) WILL BE RJRNISHED UPON REQUEST
11 149 Rev. 6--17-06
First American Td;le
-"
Preliminary Report
Order No.: 7191-1047970
Page 5 of 5
Exhibit "A"
Real property in the County of Lane, State of Oregon, described as follows:
A PARCEL OF LAND LYING IN THE B.B. POWERS DONATION LAND CLAIM NUMBER 81 IN THE
SOUTHWEST ONE'QUARTER OFniE NORniEAST ONE'QUARTER (SWl/4 NE 1/4) OFSEffiON 25,
TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETIE MERIDIAN, LANE COUN'tY OREGON, AND
BEING A PORTION OF THAT PROPERlY DESCRIBED IN THOSE CERTAIN DEEDS TO LANE COUNlY, A '
POLITICAL SUBDIVISION OF THE STATE OF OREGON, RECORDED JUNE 21, 1946, IN BOOK 323, PAGES
601 AND 602 AND MARCH 18, 1952, IN BOOK 456, PAGES 480 AND 481, LANE COUNlY OREGON DEED
RECORDS, SAID PARCEL BEING ALL THAT PORTION THAT WAS VACATED BY THE BOARD OF COUNlY
COMMISSIONERS OF LANE COUNlY BY ORDER 72-4-19-17 DESCRIBED AS FOLLOWS:'
"BEGINNING AT A POINT ON THE EASTERLY' RIGHT OF WAY UNE OF MOHAWK ROAD PORTION OF THE
MOHAWK ROAD INTERCHANGE (EUGENE-SPRINGFIELD HIGHWAY) SAID POINT BEING OPPOSITE AND
40.0 FEET DISTANT SOUTHERLY FROM ENGINEERS' CENTERUNE STATION MK 9+69,76 P.O.c., ALSO
SAID POINT BEING 439,23 FEET NORTH AND 101.85 FEET EAST OF THE SOUTHEAST, CORNER OF THE
WILUAM C. SPENCER DONATION LAND CLAIM NO. 50, TOWNSHIP 17 SOUTH, RANGE 3 WEST,
WILLAMETIE MERIDIAN; THENCE NORTH 190 39' 04" WEST, 118.08 FEET; THENCE NORTH 1046' 55"
EAST, 102.70 FEET; THENCE NORTH 490 15' 15" EAST, 51.57 FEET TO A POINT OPt'U:>lll: AND 60.0
FEET DISTANT SOUTHERLY FROM ENGINEERS' CENTERUNE STATION L 46+35.00 P.O.T. OF MOHAWK
ROAD - 19TH STREET RELOCATION; niENCE SOUTH 880 06' 55" EAST, 145.00 FEET; THENCE NORTH
88020' 28" EAST, 257.39 FEET TO A POINT OPPOSITE:AND 40.0 FEET DISTANT SOUTHERLY FROM
ENGINEERS' CENTERUNE STATION MK 4+39,63 P.O.C.; THENCE ON A 532,96 FOOT RADIUS CURVE
LEFT (THE LONG CHORD OF WHICH CURVE BEARS SOUTH 58" 16' 44" WEST, 475,84 FEET) A
DISTANCE ,OF 493.12 FEET TO THE PLACE OF BEGINNING, IN LANE COUNlY, OREGON."
Tax Parcel Number: 0203503
Date Received:
NOV - 7 2008
Original Submill")
first American TItle