Loading...
HomeMy WebLinkAboutApplication APPLICANT 3/27/2009 ~;ty of Sp"",ft,1d , . Development Services Department 225 Fifth Street Springfield, OR 97477 Site Plan Review Minor Modification . ~ 12 1/+ ~ 2. 92- '. . _. . . 6 . . . . ,6 6 Applicant Name: ~~ ~\\J ~ t\- Phone: q Ic)~ Icompany: " Fax: IAddress:69 Ie; [$ . ~G1 tIo~ ,~~~=-- 'CfllU€ t='/~ (!)1Z-. 9~.g~~ , IAPPlicant's Rep.: <:;'" j)-I.V...-L Icompany: IAddress: I I Property Owner: S ~ ' Icompany: IAddress: ,,,' IASSESSOR'S MAP NO: /1-. - G~Jc::'/ I Property Address: ..a IlS'1'.$ ;:: I Size of Property: .!) I ")""' !Proposed Name of Project: I .. ."." . - ,-'-'J I Description of If you are filling in this form by hand, please atta~YOUr proPos~l1escriPtion to t~s application. I Proposal: p)-/~<<;;~.:2.. OF 'J lie.. rJ/lhvJVec!J lP/...ucn\tH,j- I Existing Use: ~ R.n...C""-,,, It!) .,.. , I Si natures: Please si nand rint Phone: Fax: Phone: Fax: ITAX LOT NO(s):36'oa .-, -f- Sp,zt;.,.; HelrfJ O~ QI1'1?<; Acres [)Zl. Square Feet D , , _ 6 Associated Applications: Icase No.: lWc..2rThQ - ~{1 I Date: ?;/n/cq I Reviewed by: ~ IAPPlication Fee: $ f '2''11 ITechnical Fee: $ t:, 2.o:r- I PostaQe Fee: $0 ITOTAL FEES: ~ !? 0::'.0:> . J PROJECT NUMBER: 1'X.',~f~'1~(B;-!til!~iJt:l';'il,Wii~"~':,,'i~w~~~1:t.>!m:~~~~"Jre;,".'3'~),ti'J:~m>:.."$m'.mllt~...,i'~~'j:foos;~mt;;ajAM~'~,'<Z~J~~S!l'!1t'...-!;&:{*r~~",rJt~~ Date Received: MAR 2 7 2009 Original Submittal Revised 1/1/08 Molly Markarian 1 of 10 Signatures .~ '. Applicant: The undersigned acknowledges that the information in this application is correct and accurate. J}.jLfrL- r1n-~ure V~\;\lU ~ Print ~l+ Date: Owner: If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. -rtfl rf1- !Ign~ture '.~~ ~\\J ~ Print Revised 1/1/08 Molly Markarian Date: ~\* i ..!...; Date Received: MAR 2 7 2009 Original Submittal 2 of 10 Site Plan' Review Minor Modification Application Process 1. Applicant Submits a Site Plan Review Minor Modification J,\pplication to the Development Services Department .. ;, The application must conform to the Site Plan Review Minor Modification Submittal Requirements Checklist on pages 4-7 of this application packet. " . Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Site Plan Review Minor Modification Submittal Requirements Checklist have been submitted. -' ," . Applica~ions missing required items will not be accepted for submittal. 2. City Staff Conduct Detailed Completeness Check . Planning Division staff conducts a detailed completeness check within 30 days of submittal. . The assigned Planner notifies the applicant in writing regarding the completeness of the application. . An application is not b~deemed technically complete until all .information necessary to evaluate,the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided~ . Incomplete applications( as well as insufficient or unclear data, will delay the application review proc~ss and may result in denial., . , . 3. City Staff Review the Application and Issue a Decision . 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. Decisions address all the applicable approval criteria and/or development standards. Applications may be approved, approved with conditions, or denied. The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. . . . . The decision issued is the final decision ofthe City and may not be appealed. ..'...~ <.'l ,,,- Date Received: MAR 2 7 2009 Original Submitl;ol Revised 1/1/08 Molly Markarian .3 of 10 Site Plan Review Minor Modification Submittal Requirements Checklist ~ Application Fee - refer to the Development Code Fee Seheduie for the appro~riate 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 re-submittal and submittal stages. ite Plan Review Minor Modification 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, including findings demonstrating compliance with SDC 5.17-125, Site {J/ Plan Revi~w Criteria. , \A n " ", , " , ' , .9,v Copy of the Dee~'~ G..) ~1 . C91 Copy of a Preliminary Title Report issued within the past 30 days documenting , ownership and listing all encumbrances. ' ~ Right-of-Way Approach Permit Application provided where the property has frontage on an Oregon Department of Transportation (ODOT) facility. PROVIDE THE FOLLOWING INFORMATION UNLESS OTHERWISE DIRECTED BY CITY STAFF. PLEASE NOTE THAT THE PLANNER ASSIGNED TO YOUR APPLICATION MAY , { . . REQUEST ANY INFORMATION ON THIS LIST DURING COMPLETENESS REVIEW IF IT IS NOT SUBMITTED WITH THE ORIGINAL SUBMITTAL A~D IS NECESSARY FOR REVIEWING THE APPLICATION. ~ Three (3) Copies of the Stormwater Management System Study with completed Stormwater Seoping Sheet attached - the plan, supporting calculations, and documentation must be consistent with the City's Engineering Design Standards and Procedures Manual. o Eight (8) Copies of the Modified Plan Sets Including the Following: ~ " (t;- XI'J7:~/ '0 All of the following plans must include the scale appropriate to the area involved and (tl~- - ,,' sufficient to show detail of the plan and related data, north arrow, and date of r 'tt]f~,':" preparation. i:@~ All plan sets must be folded to 8Y2" by 11" and bound by rubber bands. a. Site Assessment of Existing Conditions o Prepared by an Oregon licensed Landscape Architect or Engineer o Vicinity Map o The name, location and dimensions of all existing site features including buildings, curb cuts, trees and impervious surface areas, clearly indicating what is remaining and what '" ;" . is being ,removed. For existing structures to remain, also indicate present use, size, setbacks from property lines, and distance between buildings. Date Received: MAR 2 7 2009 Revised 1/1/08 Molly Markarian Original SLibmiltaI4.of-1l:' D The name, location, dimensions, direction of flow and top of bank of all watercourses and required riparian setback that are shown on the Water Quality Limited Watercourse Map on file in the Development Services Department D The iOO-year floodplain and f100dway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision D The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the Wellhead Protection Areas Map on file in the Development Services Department D Physical features including, but not limited to trees 5" in diameter or greater when measured 4 V2 feet above the ground, significant clusters of trees and shrubs, riparian areas, wetlands and rock outcroppings D Soil types and water table information as mapped and specified in the Soils Survey of Lane County. A Geotechnical Report prepared by an Engineer must be submitted concurrently if the Soils Survey indicates the proposed devel,opment area has unstable soils and/or a high water table b. Site Plan D Prepared by an Oregon licensE:!d Architect, Landscape Architect, or, Engineer D Proposed buildings: location, dimensions, size (gross floor area applicable to the parking requirement for the proposed use(s)), setbacks from property lines, and distance between buildings o Location and height of exiSlting or proposed fences, walls, outdoor equipment, storage, trash receptacles, and signs ' D Location, dimensions, and number of typical, compact and disabled parking spaces; including aisles, wheel bumpers, directional signs, and striping D Dimensions of the development area, as well as area and percentage of the site proposed for buildings, structures, parking and vehicular areas, sidewalks, patios, and other impervious surfaces D Observance of solar access requirements as specified in the applicable zoning district D On-site loading areas and vehicular and pedestrian circulation o Access to streets, alleys, and properties to be served, including the location and dimensions of existing and proposed curb cuts and curb cuts proposed to be closed o Location, type, and number of bicycle parking spaces D Location of existing and proposed transit facilities o Area and dimensions of all property to be conveyed, dedicated, or reserved for ~' mmon open spaces, recreational areas, and other-similar public and semi-public uses D P ased Development Plan - where applicable, the Site Plan application must include a ' hasing plan indicating any proposed phases for development, including the boundaries and sequencing of each phase. Phasing must progress in a sequence promoting street connectivity between the various phases of the development a(ld accommodating other required public improvements, including but not limited to, sanitary sewer, storm water management, water, and electricity. The applicant must indicate wVjG~l\as~~f.BPJY to the Site Plan applicati9n being submitted. .. '"' · c . ~mprovement and Public Utilities Plan . MAR 2 7 2009 '--0 Prepared by an Oregon licensed Civil Engineer Original Submittal Revised"1/1/08 Molly Markarian 5 of 10 o Location and width of all existing and proposed easements o Location, widths (of paving and right-of-way), and names of all existing and proposed streets, alleys, dedications or other right-of-ways within or adjacent to the proposed development, including ownership and maintenance status, if applicable. , , o Location and type of existing and proposed street lighting o Location of existing and required traffic control devices, fire hydrants, power poles, transformers, neighborhood mailbox units, and similar public facilities o Location, width, and construction material of all existing and proposed sidewalks, sidewalk ramps, pedestrian access ways" and trails o Location and size of existing and proposed utilities on arid adjacent to the site including sanitary sewer mains, stormwatermanagement systems, water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points ' d. Grading, Paving; & Stormwater Mana~ement Plan o Prepared by an Oregon licensed Civil Engineer o Planting plim prepared by an Oregon licensed Landscape Architect where plants are proposed as part of the stormwater management system o Roof drainage patterns and discharge locations o Pervious and impervious area drainage patterns o The size and location of storm water management systems components, including but not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality measures; and natural drainageways to be retained .0 Existing and proposed spot elevations and contours lines drawn at 1 foot intervals (for land with a slope over 10 percent, the contour lines may be at 5 foot intervals), o Amount of proposed cut and fill ~andscape Plan L6 Drawn by' a Landscape Architect o Location and dimensions of landscaping and open space areas to include calculation of landscape coverage , 0 Screening in accordance with SDC 4.4-110 o Written description, including specifications, of the permanent irrigation system o Location and type of street trees , , , o List in chart form the proposed types of landscape materials (trees, s~rubs, ground cover). Include in the chart genus, species, common name, quantity, size, spacing, and method of planting \ '. fyArchitectural Plans , ' [] Exterior elevations of all buildings and structures proposed for the develop~ent site, yeluding height Date Received: rr Conceptual floor plans MAR 2 7 2009 g. On-Site Lighting Plan ~ '-'~"II Submittal Revised 1/1/08 Molly Markarian 6 of 10 /. o Location, orientation, and maximum height of exterior light fixtures, both free standing and attached o Type and extent of shielding, including cut-off angles, and type of illumination, wattage, and luminous area o Photometric test report for each light source o Additional Materials That May be Required o Where a multi-family development is proposed, any additional materials to demonstrate compliance with SDC 3.2-240 o Riparian Area Protection Report for properties located within 150 feet of the top of bank of any Water Quality Limited Watercourses (WQLW) or within 100 feet of the top of bank of any direct tributaries of WQLW o A Geotechnical Report prepared by an engineer must be submitted concurrently if there are unstable soils and/or a high water table present o Where the development area is within an overlay district, address the additional standards of the overlay district o If five or more trees are proposed to be removed, a Tree Felling Permit as specified in SDC 5.19-100 o A wetland delineation approved by the Oregon Division of State Lands must be submitted concurrently ""here there is a wetland on the property o Any required federal or'state p'ermit must be submitted concurrently or evidence the permit application has been submitted for review o Where any grading, filling or excavating is proposed with the development, a Land and Drainage Alteration permit must be submitted prior to development o Where applicable, any Discretionary Use or Variance as specified in SDC 5.9-100 and 5.21-100 o An Annexation application, as specified in SDC S.7-100, where a development is proposed outside of the city limits but within the City's urban service area and can be served by sanitary sewer Date Received: MAR 2 7 2009 Original Submittal Revised 1/1/08 Molly Markarian 7 of 10 , PUBLIC WORKS DEPARTMENT I Engineering Division Phone: (541) 726-3753 Fax: (541) 736-11i21 MARCH 5, 2004 REQUlRED STORMWATER SCOPING SHEET USE POLICY: In October 2003, Springfield Public Works released a trial "stormwater scoping sheet," provided to help engineers and developers meet stormwater requirements in the Springfield Development Code (SDC) and Engineering Design Standards and Procedures Manual (EDSPM). After a five month trial period, it became apparent that users of the scoping sheet submitted much more complete applications than non-users. An added bonus was a decrease in the overall review time spent on the applications, resulting in quicker notice of decisions. ' As a result of the benefits of the' scoping sheets, the CitY has decided to make their use a mandatory process. As of April 12, 2004, the use of stormwater !lcoping sheets will be required for all applications which require . development review. All applications submitted to the City shall provide four. ( 4) copies of a completed stonnwater scoping sheet with the application packet. Attached with this letter is the latest version of the scoping sheet, which reflects changes requested by the development community. PLEASE NOTE: SUBMITIED APPLICATIONS WILL NOW BE REQUIRED TO SUBMIT A COMPLETED STORMW A TER SCOPING SHEET, STORMW ATER STIJDY AND PLANS IN CONFORMANCE WITH THE SCOPE REQUIREMENTS DIRECTIONS FOR USING STORMw ATER SCOPING SHEETS ARE AS FOLLOWS: 1. Obtain scoping sheet from application packet, city website, or other location, 2. Fill out project information (top, half of front sheet) prior to commenc,ement of work on stormwater study (note: do not sign scoping sheet until it is received from the Citywith requirements checked). 3. Mail, fax, or email all pages to: City of Springfield, Public Works Dept., Attn: Matt Stouder 4. Receive completed scoping sheet (filled out by the City) indicating minimum requirements for a complete stormwater study 5. Include four (4) copies of complete scoping sheet (signed by engineer at the bottom of page 2), stormwater study and plans that comply with the minimum required scope with'submittlll of application packet. The scoping sheet shall be included as an attachment, inside the front cover of the stormwater study. Stonnwater scoping sheets can be found with all application packets (City website and the Public Works front counter) as well as on the Public Works webpage at either: www.ci.sorinclield.or.us/Pubworks/whatsnew.htm or under the link for "fillable forms" at www.cLsorinclield.or.uslPubworkslDesimlstart.htm . Thank you in advance for working with the City of Springfield with this new process. Sincerely, Matt Stouder, Civil Engineer City of Springfield, Public W orks/Engineering Email: mstouder@cLspringfield.or.us Phone: (541) 736-1035 Fax: (541) 736"1021 .~. :.~" . : "~, Revised 1{1{08 Molly Markarian 8 of 10 PUBLIC WORKS DEPARTMENT / Engineering Division STORMW ATER MANAGEMENT SYSTEM SCOPE OF WORK '- (Area below this linefllled out by Applkant) - (please return to Matt Stouder@City ofSprinrfreld Public Works Engineering; Fax # 736-1021, Phone # 736-1035.) Project Name: ~D,~ ~:y:.~., Applicant: ~ 1+/1) ~ 11- Assessors Parcel #: Date: Land Use(s): \-\- :i:. Phone #: Project Size (Acres): '")." Fax #: . Approx. Impervious Area: \Cj c:t::>O . Email: ...hJ./-L0 '4rJr< 1'0 Jhi!YI14/f," 1Ao.. Project Description (Include a copy of Assessor's ~: f 14~~e... .:L.. {) F- Pl\&-?-vv . ~L\JP-la;PVv-.a..&r~, Drai~age Proposal (Public connection(s), discharge location(s), etc. Attach additional sheet(s) if necessary: ~S pe.n.- . ~-t +-0 ~ l4..,...' ( Proposed Stormwater Best Management Practices: - (Area below thi, line ruled out bv the Citv and Returned to the Almlicont! - (At a minimum, all boxes checked by the City on the front and back of this sheet shall be submilled for an application to be complete for submillal, although other requirements may be necessary) Drainal!e Studv Tvne ffiDSPM Section 4.03.2): (Note. UH mav be substituted for Rational Method) D Small Site Study - (use Rational Method for calculations) D Mid-Level Development Study - (use Unit Hydrograpb Method for calculations) D . Full Drainage Development Study - (use Unit Hydrograpb Method for calculations) Environmental Considerations: D Wellhead Zone: D Wetland/Riparian: D Soil Type: Downstream Analvsis: D N/A D Flow line for starting water surface elevation: D Design HGL to use for starting water surface elevation: D Manhole/Junction to take analysis to: D Hillside Development: D FloodwaylFloodplain: D Other Jurisdictions: Return to Matt Stouder laI City of Sprinl!field. email: mstouderlalci.sprinl!field.oi:lJSt~.(5iiV7fil021 MAR 2 7 2009 Revised 1{1{08 Molly Markarian Original Submittal 9 of 10 COMPLETE STUDY ITEMS I ForOfficialUseOnly * Based upon the information provided on the front of this sheet, the following represents a minimum of what is needed for an application to be, complete for submittal with respect to, drainage; however, this list should not be used in lieu of the Springfield Development Code (SDC) or the City's Engineering Design Manual. Compliance witli these requirements does not constitute site approval; Additional site specific information may be required Note: Upon scoping sheet submittal, ensure completedform has been signed in the space provided below: Interim Design Standards/Water Quality (ED~PM Chapter 3) Req'd /'f/A o 0 All non.building rooftop (NBR) impervious surfaces shall be pre-treated (e.g. multi.chambered'catchbasin w/oil filtration media) for stormwater quality. Additionally, a minimum of SO%,ofthe NBR impervious surface shall be treated by vegetated methods. , o 0 Where required, vegetative stormwater design shall be consistent with interim design standards (EDSPM Section 3.02), , set forth by the Bureau of Environmental Services (BES) or Clean Water S.ervices (CWS). o 0 For new NBR impervious area less than 15,000 square feet, a simplified design approach may be followed as specified . by the BES for vegetative treatment. ' . o 0 If a stormwater treatment swale is proposed, submit calculations/specifications for sizing, velocity, flow, side slopes, . bottom slope, and seed mix consistent with either BES or CWS requirements. o 0 Water Quality calculations as required in Section 3.03.1 of the EDSPM '0 0 All building rooftop mounted equipment, or other fluid containing equipment located outside of the building, shall be provided with secondary containment or weather resistant enclosure. General Study Requirements (EDSPM Section 4.03) o 0 Drainage study prepared by a Professional Civil Engineer licensed in the state of Oregon. o 0 A complete drainage study, as required in EDSPM Section 4.03.1, including a hydrological study map. o 0 Calculations showing system capacity for a 2.year storm event and overflow effects of a 25-year storm event o 0 The time of concentration (Tc) shall be determined using a 10 minute start time for developed basins. . Review of Downstream System (EDSPM Section 4.03.4.C) o 0 A downstream drainage analysis as descn'bed in EDSPM Section 4.03.4.C. On-site drainage shall be governed by the Oregon Plumbing Specialty Code (OPSe). . ' o 0 Elevations of the HGL and flow lines for both city and private systems where applicable. Design of Storm Systems (EDSPM Section 4.04) o 0 Flow lines, slopes, rim elevations, pipe type and sizes 'clearly indicated on the pl~ set o 0 Mininium pipe cover shall be 18 inches for reinforced pipe and 36 inches for plain concrete and plastic pipe materials, or proper engineering calculations shall be provided when less. The cover shall be sufficient to support an 80,000 Ib load without failure of the pipe structure. ' o 0 Manning's "n" values for pipes shall be consistent with Table 4.1 of the EDSP. All'storm pipes shall be designed to achieve a minimum velocity of three (3) feet per second at 0.5 pipe full based on Table 4.1 as well. OtherlMisc o o o Existing and proposed contours, located at one foot interval. Include spot elevations and site grades showmg how site drains Private stormwater easements shall be clearly depicted on plans when private stormwater flows'from one p'"p.';; fu another Drywells shall not receive runoff from any surface w/o being treated by one or more BMPs, with the exception of residential building roofs (EDSP Section 3.03A.A). Additional provisions apply to this as required by the DEQ. Refer to the website: www.deo.state.or.us/wo/l!Toundwaluichome.hc.!!formore information. Detention ponds shall be designed' fu limit runoff to pre-<Ievelopment rates for the 2 through 25'year storm events o o o o o "This form shall be included as an attachment, inside the front caver, of the stormwaler study "IMPORTANT: ENGINEER PLEASE READ BELOW AND SIGN! As the engineer of record, I hereby certify the above required items are complete and included with the submP:\edtstoI;lllwater ~dy and plan set . ua e t(ecelved: Signature: Date: I,;AR L ( 2UU:f Revised 1/1/08 Molly Markarian Original Submittal 10 of 10 . , 225 Fifth Street Springfield, Oregon 97477 541"726.3759 Phone Job/Journal Number DRC2009-000 II DRC2009-000 I i Payments: Type of Payment Check cReceintl RECEIPT #: C' If Springfield Official Receipt Development Services Department Public Works Department 1200900000000000218 Date: 03/27/2009 8:44:04AM Item Total: Check Number Authorization Received By Batch Number Number How Received Amount Due 1,241.00 62.05 $1,303.05 Description CTY Site Plan - Minor Mod + 5% Technology Fee Paid By SOUTHS IDE HEAVY INDUSTIAL PARK Amount Paid tj $1,303.05 1299 In Person Payment Total: $1,303.05 Date Received: MAR 2 1 2009 Original submittal- ' Page I of I 3/27/2009 City of Springfield, The purposed new construction at 21 87 South "F" St coincides with the earlier proposal to build out the current site to maximum usage . It was presented in the 1997 era and approved by Springfield Planning Department as a viable site plan. The first phase has been completed and in use for the last 12 years. Phase one has some minor changes to the approved plan ,such as the landscaping. The street Plum trees have been replaced by Vine Maples in the existing buildings area . City water has been relocated to the north of the y._y".~j along with the irrigation vacuum breaker and systems. The decision to not install the Proposed fire hydrant was made by the Fire Chief Dennis Shue . While reviewing options for the p.vy_,,_J hydrant with AI Gerard, the option for a hydrant on the site was not allowed by Dennis Shue, he didn't want a "private hydrant 40 feet from a public hydrant". Phase one was completed and approved in 1998. The second phase is being considered and will be moving forward as soon as possible. Phase two consists ofa 5475 square foot steel Star building and a 9348 square foot paved parking area with potentially four offices and four separate bays for rent to others at some point in the future. The interior of the building will not be heated ,but will be insulated with 4" scrim backed vinyl insulation. The offices will be insulated,I2" in ceilings 3 11," in walls. The H.V.A.C. will be,a through the wall General electric ajes061sb or similar. The interior office lighting will be 4 four foot fluorescent 40 watt lamps per office. The restrooms will be vented to the exterior and be heated with Broan 164 fanlheat lamps or similar. Each office will have a 3/0X4/0 slider window. There will a 50 gallon hot water heater for each office/restroom above the offices with drains to the exterior of the building. Three 400 watt metal halide lamps are proposed for each bay routed in conduit with a 70 amp sub service for each office. Electric power has been proposed and approved for overhead service from along the south y._y""/ line. We will be setting up service for phase 2 as well as phase 3 at this time. Traffic flows are designated as shown on the ~pp.u.,,,j site plan and will be consistent with the plan. Runoff treatment from impervious surfaces has been completed with the bio.swale and is established and working correctly. Phase two uses the same runoff exit to the bio-swale as does phase one and is clllTently in place. City water and sewer, are in place and ready for use . To separate the traffic flows from the existing unpaved areas a fence will be erected L".",,,,,.. phase two and the rest of the existing buildings in the unpaved portion. Landscaping is clllTently in place andthriving. Handicapped parking areas and designated walkways are in place. Locations of existing easements are in place as well as rights of way, street lighting, fire hydrants, power poles ,mail boxes"telephone TV and pedestrian walkways are consistent with the approved plan . Ben Gibson and I are drawing a L.D.A.P. plan for soil conservation and will be submitted with the plans . The changes to the approved site plan are minor. There is not a provision for lighting that provides shades to the sky ,this will be added to comply to current codes. The lighting on the exterior shall be no higher than 12 feet and will shine downward with a shade to focus their light towards the surface. A photometric test report will be included The plan calls for a six foot overhang in the front all buildings this turns out to be not a very good idea and will be deleted on phase two. We do riot anticipate this will be rented soon and would like to store our construction equipmet1a~e Received: MAR 2 7 2009 Original Submittal materials in this building. The current existing uses are storage ,trucking ,repairs, and fabrication in the existing buildings 1,2,3,4 Regards, John Ash Date Received: MAR 2 7 2009 Original Submittal .-1 . , " 1 L V,fl. .-'~ n, .~ LJ ,Ll Land Title 1\ If'~, I ICI"?'t'.n p,.....r"\ r.t"\. r ' ' Ll ],-1';, 1'~ ~jv'i!i"~),'~ - ~ll),.)V ,-........ V.I'II..,;.,....J. ~..'J.I . reen C0l11pany PRELIMINARY TITLE REPORT :Jefi.auvu; 23, 2009 Date Received: ELT-57060 MAR 2 7 2009 ()rigillal Submittal Main Office: 1651 Centennial Blvd, Springfield, OR 97477 Phone # (541) 74]-1981 Fax # (54-1-) 741.0619 Branch Office: 625 CDum:!'v Club Rd. . Eugene, oregon gla01 P.O. Box 10211 . Eugene, Oregon 974110 Ph01,e # (54]) 687.9794 Fax # (54]) 687-0924 1651 CENTENNIAL BLVD, .. SPRINGFIElD. OR 97477 P,O, BOX 931 . SPRINGFIELD, OR 97477 PHONE: .141.741.1981 fAX: .141:741.0619 4 ~ '~ ~. ~~ ~f':-..i\ ~X~rg{~~n TITLE INSURANCE SERVICES' ESCROW CLOSINGS , 625 COUNTRY ClUB RD. . EUGENE, OR 97401 P,O. BOX 10211 . EUGENE, OR 97440 PHONE: 541.6B7,9794 FAX: 541.687.0924 February 23,2009 ~.(,J , I, 'GJ 1 , \ 'li ~ lb I :1J Title No, ELT-57060 . PRELIMINARY TITLE REPORT Umpqua Bank 5251 Main Street Springfield, Oregon 97478 Attn: John Raleigh Estimated Premium for: $100,000,00 STANDARD MTG. Re- Issue Credit GOy't Service Fee $450.00 $0.00 $15.00 Dear John: TOTAL $465.00 We are prepared to issue on request and on recording Of the appropriate documents, a po licy or policies as applied for, withcoyerages as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A Showing fee simple title as of February 17, 2009, at 8:00a,m., vested in: ~" ~-- J JOHN J. ASH AND NANCY A. ASH, husband and wife Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid, CONTINUED Date Received: MAR 2 7 2009 --- "IN OUR BUSINESS, YOU MATTER MOST" '._._..,. _,_ www.evergreenlandtitJe.com Original Submittal. ELT . 57060 Page 2 SCHEDULE B GENERAL EXCEPTIONS V', I, 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. v 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 . J' 3, Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to ,water. v 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. ' v 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, CURRENT EXCEPTIONS if 6. Taxes, Map No. 18-03-01-00.03800, Code 19-99, Account No. 1431699, as follows: . 2008.2009, a lien in the amount of$9,118.98, plus interest is unpaid. 2007.2008, a lien in the'original amount of$8,253.85, of which $243.96, plus interest is' unpaid. v 7. Easement Agreement, including the tenns and provisions thereof, between Georgia.Pacific Corporation, and Pacific Power & Light Company, by instrument Dated March 17, 1965, Recorde.d March '3 0, 1965, Reception No. 97391, Lane County Oregon Records. if 8. Improvement Agreement with the City of Springfield, including the tenns and provisions thereof, by instrument Recorded April 22, 1988, Reception No, 88-15897, Lane County Oregon Records. . '-- 9. Public Utility Easement, granted to theCity,of Springfield, a municipal corporation, in Lane , County, including the tenns and provisions thereof, by instrument Recorded February 27, 1998, Reception No. 98-14018, Lane County Oregon Records. Date Received: CONTINUED MAR 2 7 2009 Original Submittal v v ELY - 57060 Page 3 ~ 10, Improvement Agreement and Application for Sewer Hookup, including the terms and provisions thereof, by instrument'Recorded March 13, 1998, Reception No, 98-17817, Lane County Oregon Records. \./ II, Drainage Easement, including the terms and provisions thereof, by instrument Recorded April 28, 1998, Reception No. 98.31636, Lane County Oregon Records. 12, Deed of Trust, il!cluding the terms and provisions thereof, executed by John 1. Ash and Nancy A Ash, husband and wife as tenants by the entirety, as Grantor(s), to Western Pioneer Title Company, as Trustee, for the benefit of McKenzie State Bank, as Beneficiary, Dated February 5,1999, Recorded February 8,1999, Reception No, 99-011603, Official Records of Lane County, Oregon, ~iven' to secure payment of aNole for $248,625.83. 13. Assignment of Rents, as additional security for the payment ofthe indebtedness secured by the Deed of Trust as Exception No. 12 herein, which assignment was executed by John J. Ash and Nancy A Ash, husband and wife, as tenants by the entirety, to McKenzie State Bank, by instrument Recorded February 8, 1999, Reception No. 99-011604, Lane County Oregon Records. NOTE: Taxes, Code 19.99, Account No, 5595841, 2008.2009, $2,513.42, paid in fulL (Personal Property Assessed to Mid Valley Metals, LLC) . Taxes, Code 19-99, Account No. 5595748, 2008-2009, $449.90, paid in fulL (Personal Property Assessed to New Age Auto Repair & Accessories) NOTE: The address of the property to be insured herein is: 2187 SOUTH "F" STREET, SPRINGFIELD, OREGON 97477., 'NOTE: A JUDGEMENT/LIEN/BANKRUPTCY SEARCH was done for the name(s) JOHN J. ASH AND NANCY A ASH, and as of February 17, 2009, none were found. NOTE: As of February 17,2009, there are no liens for the City of Springfield. INFORMA TIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS. CONTINUED Date Received: MAR 2 7 2009 Original Submittal ELT - 57060 Page 4 INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which vests ownership 24 months ago are as follows: BARGAIN AND SALE DEED RECORDED April 22, 1988, FROM GEORGIA-PACIFIC CORPORATION, A GEORGIA CORPORATION, TO JOHN 1. ASH AND NANCY A. ASH, HUSBAND AND WIFE, RECEPTION NO. 88.15894. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE ~~~ .,-,- Cr?':al/L ~~~ Joseph M. Silence Title Officer NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Date Received: MAR 2 7 2009 Original Submittal --~ ELT . 57060 Page 1 of 1 LegalDescription EXHIBIT A Beginning at the 1 Y. inch iron pipe that replaced the original y, inch pipe that was set on the Southerly right.of-way line of the Southern Pacific Railroad 100 feet from when measured at right angles to the main line centerline, said point also being 571.20 feet North and 1217.54 feet East of the stone marking the re-entrant comer of the Isaac Briggs Donation Land Claim No. 39, in Township 18 South, Range 3 West oftheWillamette Meridian, and said point called out to be 571 ,34 feet North and 1218.33 feet East of said re-entrant comer; and run thence South 0001' East 278,13 feet along the East line ofthe West half of said Briggs claim to a point; thence North 660 37' 15" West 41.53 feet to a point; thence North 820 29' 20" West 396.42 feet to a point; thence North 40 49' 51" East 250.55 feet to a point on the Southern Pacific Railroad right.of.way; thence along said right.of-way on a 11,559,19 foot radius curve to the left having a central angle of 00 16' 46", an arc length of 56.40 feet by'a long chord that bears South 840 19' 52" East 56.40 feet to the ending point of curve; thence South 840 28' 15" East 355.48 feet to the Point of Beginning, and being all in Sections 36 and I, in Townships 17 and 18 South, Range 3 West of the Willamette Meridian, Lane County, Oregon. J Date Received: MAR 2 7 2009 Original Submittal r,~'~.:_: l.~:..,<>,!.!. ':., '.-' . _ _'_'. .:_.: ,_. .,',}:' ,;"BILlI, r1JI,( ",",I'C\L""''< '1"""'t'E"~ ' . H. .\.,..V.....I"-\\.-' -0. N . _ COUirfE5Y Of VV. + -. EV!:RGP.f.Etl U,~'-m 71TLf: "i) ;".11 F\'j' . \"'1 S ',',' '-- ---~.?!.;c;:.........____? 3300 , Af/ :3~~;'fJO ~-4' .~"'Y .t3;1:':="o~-1{!:> ~~ f'Ofli..h.,. 'E 0 ON MAP 17 03 3t::t' ~ w ~, :~ t ~~...r.o'~$.84~Iql%:~l! .lS.e..,...::.e'I'E:,,"e 3S~."1,s' 3800 2,51 AC. , &/ 701 , ,"'"'"" \ 23.05 AC. --..{ -+- ~ - - eA.~.;:e .~. - INT. ELL COR. I. BRIGGS n 1 <<l\ = U ")) O.L.C. 39 \UJ ':JJ U b ()-B "-' -:; ,:; () () ) <I) U 3700 o ::l. ce () S' ~- Nee"IG.'le~w c.4..4=l.~ f./) c: C' 3 ~ f- I ~ (I '$) ;1,) .. (,) ~ ~ 11Z-7.0G0.' ~M.!."~~~~'u~ V v,~) 2 z ~ L " ~ C ~ 3: Q) ~ " - l> CD , :::0 ;::u "-> CD ....... (") '" CD (u;.) <' ~;:;) CD (!) a. N "2 300 '. 8QQJ ll)f\ A. f i ~ --0 ~, o( -(yO o . 100 O~9 00 .J " ~ - g . 0 ';0:- , . 501 " S. e 9" S,6 '_w_ S~~'''c...' 200 "',,.w. s, . 4'~ ~ 7 SEE DETAIL ~~ · MAP NO I ' . r;)f, I , D-Q()()1I4 ~ ", @ , ~ ,~ ~ ~ ~:.8f~ ~ ~__. " '<:<,,:~ <J-," '"":"... .. 36 31 -----~ .. 1 6 ( N,8'}OloV, 2. JJ.o~~w. 31./.23.W 4 N.3<PlU." S N.6(..et-V. '-#_+Z""", 7 N.I&~E. B S. Br4f3'Z2.~w ., ',Ooll"3S"e, . JO s, 8f"'4G'Zz "e, f r. S.\"Ao-4B''Z.t..''E. ,,"' '!>C. -', '::,:'::?~-:'i!}j; ,"'",", "YJz :1J7;:/i;:'~','!qj" f ." ,>;;)~ .::; .: _De;~~~~celve~",:!,; .~''''f~~;,(,''l'':~''' "':?~." ': ,-,' "i",i' ' :"MJ~itf2i 2009 ,.~};:;",i;,:', >.,'.~!~; . . .' , , . ". " ,:<, '''!,Jiifir'" n..nm::ll,~mlttal .~~.;;:::- ".,-;- '..' <";',i: ,.,"ijl.~7k!~~~,~:....~,...~~.,$ .;~"'~~-",~~....,.', .;,..;~.~'~ ~;;'~~"~~~~..;.,~+.-io:~.o,~':~~,.....,.J~~~~ .. . _, :._..,. r- JII . Ii I ,., r 1" ~~ '1'1) I~ I' ~ I , I~ i I i , i i 1 f " L ,. t. . , o ,/ .., , \ \'" 881.589,4 '/ I I !:.- ~ Until a change isrequasted, all tax statements shall be sent to the following address: -1'<1'0"'." hit '''711;<; RI{"_ ~A D""1:pr Orp.aon 9741' 1703:';50000300 TaJi: ~cct. '~3020al & '302099 .:~):;~;';11f ".'" "'::"".":..:i: '.. :". ; :.~ ~ \:.. . ...." ..,,,.... .....~-'. :",. :<~;:~\; "':'7:~t ,.,'t.. " ,'~-i' ~. ( >:;'~~fi; '<:,.,..;::/<,'.;.'~,i,r,,'-; :l,~.' ~ ~ 2723AOOl D,1122.'!lCPr.lj~ LO.n UOOQSu R~Rr,AT~ ANn ~lT~ 2723AODl ~qn2/D8f(EY 15:DJ HCOOSn ", '-"'~.i:j '\. ,;:, '::'l~:i '._ -, '.' ,~.:';Yt ,- ;,_.'~'i'_:,;,~ ~:,~~.~~~*~f. :,":';~~,il GEORGIA-PACIFIC CORPORATION, a Georgia corporation, ("Grantor"), does hereby grant, bargain, sell and convey J, ASH and NANC~ A. ASij, husband and wife,L<f.Grantees") , all of the following real property, free of encumbrances, -situated in Lane County, Oregon, described on Exhibit A attached hereto a~d by this reference incorporated herein. t~OH~ The Hundred true and actual consider~tion for this transfer Twenty-Five Thousand Dollars ($125,000,00), is One I " i'- <'.:' .. ',' ~:' '",",'.( 0.")". .J ., . 1_ -. ~-- "Un u" -~-'~.-~~"O-=:'~,.~~~ -> 0 _ "" . 0 '" This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before Sioning or accepting this instrument, the person .acquiring fee title to the property should check with the appropriate city or county planning department to verify approve'd u.ses. IN WITNESS presents to -be corporate seal 1988. WHEREOF, Grantor above named has cllused these executed by its duly authorized officers and its to be hereunto affixed this a!!:oday of April,. GEORGIA-PACIFIC CORPORATION ",'I,'lI"""'''"", l~'f13:~r:~t/~/~~".-: ( (",' () {ei:",;' 1 \\i\ ),\Lt___ '-f"'",-, t ';';! Assistant secre~l.,'1".J;, O. ./~// '-'</L~L'~:~',i,,~,,~"'~' '.' By /17?i'_.l/-::y Its ~ 'Vice Presiaent IY:'- 1.\1'0' By It, Page 1 - BARGAIN AND SALE DEED ~~;f- ~-. -a Ii 'ii I. i" I at:'158S<t ' r STATE OF OREGON County of-Multnomah On' this ~day of n~~~! . 1988, before me the undersigned, a Notary Pubaic in and !o~ said County and State, personally appaared Dewey Hobley and William Craig, known to me to be the vice President and Assistant Secretary, .respectively, of the' corporation that executed the within instrument, known to me to be the persons who executed the. within instrument on behalf of the- corporation therein named and.acknowle~ged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution oE its. Board of Directors. ". ,..' Page 2 - BARGAIN AND SALE DEED MAR ~ !'. WITNESS my hand and official seal. ~~iV ;1,._,/ot: ~..__/ Nancy L. Thomas My commission expires 11/1/88. Date Lij) I LIO;' : ~y . . . i'" Original .\- ;".~~:~~~~~~~: -1, I . -., "~.' n --- ~.' .~'~.- ~:'-/~~'^O- -~~';'~~.~~O:~#,=:' . . . . .' . -1O.v.r~_~,i_ ---.;., }~- II I I I 8815894 EXHIBIT A ~ Beginning at the 1 3/4 inch iron pipe that c-eplaced the or~9inal 1/2 inch pipe that wao oet on the $outhet'ly right-at-way line of the Southern Pacific Railroad 100 f~et frolll when measured at t'iqht angles to J:he main line centerline. saia point also being 571.20 feet florth and 1217.S~ feet EaBt of tho' stone lllarking the R~-entrant corrier of the Isaac Briggs Donation Land ClailD No. 39 in ~ovnship 18 South, Range 3 West of the Willamette ~eridian. and sa~d point called out to be 571.34 feet l!orth and 1218.3:3 feet East of I>aid re-entcant corne~l and nm thence South. O' 01' East 278.13 feet along the East line of the West half of said Brigg~ clai-m to a point: th'ence North 66- 37'15- West 41.53 feet to a point: thence Noc-th B2. 29'20. West 3~6..42 feet to a point: thence North ~. 49'51- East 250.55 fee~ to a point on. the ~outhern Pacific Railroad r.ight-of-way; thence along said c-ight:-of-lIay on a 11,559.19 foot radius curve to t.he left having a central angle of 0- 16'46-, an ac-c lenqFh of 56.40:feet by a ,long chord ,that bears sout.h 84" 19'52- East'S6.40 feet to the ~nding point of curve; thence South 84' 26'15. East 355.46 fe~t to the point of beginning. and being all in Sections 36 and 1 in TOIll'iships 17 and l'a South, Range 3 West of the willamecte Mecidian, taRe County, , c.I 0< ~" do o~ ~ ,~ '0 -" Oro90n. ~_: . :a~'i ~~l ;~l; li..l:'-l ~ ,=~_ 0;> t:'E rl ;;;1!! >,-"1: al !:~ ~ "_ c: ~ ~3] ru <j' <1l CD III ..-I oJ ro \ ~ 1 i . - < ~~ 00 " ,. " " _u >' ., ~j a: o ,... 10 ,... ~ i EXHIBIT A I~ , ~ "1::::-' , , .. ~~ " I. ~~, L " .' 1;- t i~ . "',1 -, '. MAR, 2 7:~g~9 " '\<:,(: , ,Orfginal Submittal>,: ' '.~ :";':4,~:;f:iF:.-;'.:<' .~ - Date Rell:eive( ..... .'.__d._'_.. ... -., ... " , _' i "-~~~.~r.",~;;",~,,~'~~;,~~"~"""'''''~'''"'''''''':,,:;:~...~, ~._ '. _..... .."l'\,. ~.. ;_~~::.l~....~...... ... ,.:q~~~~.._,._!"~~ "I " -.I , I' . -. . --~""'- - ---~'~-" -----~-. - , RLID Tax Statement Account Information Account: Alternate Property Number: Tax Code Area (TCA): Legal Description: Location: Bill to Party: " Property Value and Taxes Land Value Real Market 355,451 355,451 329,122 293,859 255,530 236,602 236,602 234,260 154,320 116,910 98,240 95,380 87,500 16,670 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 521,290 Taxable Value Tax Year 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 --~ Lane County Property Tax Report I Convert to PDF Document J 1431699 18-03-01-00-038.00 01999 Legal On File 2187S FST ASH JOHN J & NANCY A 89198 SUTTON LAKE DR FLORENCE, Oregon 97439 UNITED STATES Improvement Value Real Market 961,520 915,730 756,800 675,710 587,570 544,050 477,240 524,440 584,830 443,050 122,590 119,020 122,700 86,670 o Exemption Amount Regular (EAR) o Real Market 1,316,971 1,271,181 1,085,922 969,569 843,100 780,652 713,842 758,700 739,150 559,960 220,830 214,400 210,200 103,340 Total Value Page 1 of2 Assessed 521,290 506,107 491 ,366 477,054 463,159 449,669 436,572 423,856 381,617 370,502 95,796 93,006 210,200 103,340 o Frozen Assessed Value (FZNPU) Tax (See Explanation of Tax) 9,118.98 +- 11v-t CiY'4 8,253.85 0 f' J;j~ 8,020.76 1Ck, 7,844.06 7,693.63 7,472.78 6,827.33 6,697.65 6,061.03 6,127.33 1,586.29 1,580.36 3,277 .01 1,622.07 ,9'13. 7' c;., 7- /'01-, ~cf7' Date Received: t MAR 2 7 2009 '_ Original Submittal http://www.rlid.org/bselect/tax_statement.cfin?&rlid _ acct= 14 31699&accQunt= 1431699&L 2/20/2009 ,RLID Tax Statement j Page 2 of2 Account Status ,~:' Active for the 2008 tax year New Account scheduled to be active for the 2009 tax year (!> Locally Assessed Pending Seg/Merge Pending Value Change Delinquency '::. Delayed Foreclosure C. Bankruptcy Code Split Indicator Remarks: Taxes and Special Assessments for Account Number 1431699 Delinquent Interest Computed Through: 02-20-2009 Explanation of Tax The tax shown is the amount of tax which currently exists with Lane County's Department of Assessment and Taxation, It is possible there is a pending value change on this account To determine this, please refer to the Account Status indicators to see if Pending Value change is selected, If a value change has already been processed for this account and year in question, the tax cUrrently showing may not match what was certified for that particular year. Year Description Tax Minimum Balance Due Due Date 2008 Property Tax Interest 202.65 202.65 202.65 02-20-2009 2008 Property Tax Principal 9,118.98 6,079.32 9,118.98 11-15-2008 2007 Property Tax Interest 32.53 32.53 32.53 02-20-2009 2007 Property Tax Principal 8,253.85 243.96 243.96 05-15-2008 Taxes and Assessments Due for Account Number 1431699 $ 9,598.12 If this report displays $0 Taxes and Assessments Due. and does not display the descriplion/breakdown lines(s) above it, please contact Assessment and Taxation to verify the balance. Generated Date: 2009-02-20 Search RB~!l!tc:; ITaXf!s R<llanc.e Dup. fAnolicatiom; Mpnu Date Received: MAR 2 7 2009 Original Submittal l http://www,rlid.orglbselectltax_statemenLcfm?&rlid_acct=I43 1699&accoWlt=I431699&i... 2/20/2009 ._-----~ _..~~-'-'".~-..-,-- ---- ./ 2-~-'99 2.513 YD' ID' RECORDATION REQUESTED BY: McKenzie State B4nll PO Box 67 5251 MalnStrllOt Spr!nglloJd.OR'11471 WHEN RECOROEO MAIL TO: McKefu:loSl3l41SMlk PO Box 61 5251M&JnSlfHI SptlnglWfd,OR 97471 ii!mFEs.oa' 99IW5f\"EC ~Z?..iF.E8.08199Jf05PFUN~ 40"((1 1O.D:) 99011603 SEND TAX NOTICES TO: Jol1nJ.A.hIlJ'ldNllI1cyA.A.h 21STSOYUlFSlreeI Sprlr'lg11.ld.OR i7471 WPTCO 151321 18 03 01 3800/1431699 (arb 17 03 36 1000) Afte. Rt.:ordlOgReloJlfl To' Wdlern I'lone~r r.tJeCo. PO Box 10146 lu~ne,ORS744a SPA.CE ABOVE THIS UNE IS FOR RECOROEA'S USE ONLY DEED OF TRUST THIS DEED OF TRUST IS DATED FEBRUARY 5. 1999, among John J. Ash and Nancy A. Ash, husband and wile as tenants by the entirety, whose address Is 2187 South F Street, SpringfIeld, OR 97477 (referred to below as "Grantor"); McKenzie Slale 6ank; whose address Is PO Box 67, 5251 Main Street, SprIngfield, OR 97477 (referred to below somellmes as .Lender~ and sometimes as YBenellelary"); and Western Pioneer Tille Company, whose address is 1200 Executive Parkway, Suite 100, Eugene, Or, 97401 (referred to below as "Trustee"', . CONVEYANCe ANC GFlANT. For vatUllblo con$lderllUon, Gl1lfllcr conveys to Truliloo lor lhe benlillt of let1d.r .. BeneficIary all 01 ~:anto(s rj9h~ tille, aIld llItaUl$1 kl ancl 10 IIul lol1owlng OOscriOOd 1641 property, IDge\tl&t wi1tJ ell em~ Of SlltlSequenUy llrlilClid 0.: aNlXid ~O'l~S. Jnpsov>>lTlentS and flXlufGS; aIIau6mOl1ts. flllhLS ot way, and ....~._,_..,...~...lllIwal8r, wat$rrir,;tlts. and d"rtch r~ (indudlll\1G\OCi( VI utUi~llS wlth ~.ch Dr Irrtgo.Uon tights): ancl811 01h8r lllt1U. l"O'/alUK, and pro!ll$ ~ to 1he 'IW ~~, lnc:Iucltog w!Ihoullimita\ion all m!l\lllois, oil, qu, ollOthormal an:l slm~ar mallors.located In Lane County, state of Oregon (the Real Property"): On exhibit "AY etlached hereto and and incorporated herein by this reference, The Real Property or Its address is commonlv known as 2167 South F Street, Sprlngtield, OR 974n, Tlla Rw: PI0f,liIItytaxld<it'lltficll.tionllumb\lrJal4:l1699. Grallto( pre.a&rltli' assiSOS to L~r (also knowri 85 Booe(lCWy in lI1ls OseCl of TfU$I) all 01 Glarttor'li righI, IIUII. and irllerasl in linG to aD plasent am! fulur9 19Uea of the Prop$rty and all Rellls flom #10 Pfopt,lrty. In edd~bn, QlBIlloi grants loodst a lJnilQl"m COlM'l9l'Ci<lJ Code SOC~nly O'lt&f$Sllnlho Ran13 and lh8 p8(6DnDJ Prqlil!ty dlitin~ below. OEFINmONs.. Trta fOllOWing wcui.'l shall h.lYe the foUowtng lOOllflIngs when used (1ltlO Deed DI TIVsl. T6ITI'lS nol Olh9cwi5e oolned in lt1is 0600 or Tn.rsl wit Ita.... ~e meanings Il.IIribul.eo" \Q st.dl t&fms illh& UnIIonn Comrne~iaf Code. All re!er\lfll;4s ID dal.ir!lll\OvnIa chall m&IlI1 amounts nlawful m:;Iniyollh8Vnitao'StIIlnOfArrletiea. aenotfctal'y, The word 'S~IiC:lary' ffi9I1'lS McKenzie Stale Bll.I1k. Ib St/CCelssors and 8S$igrl.. McKanzle ~l& 8W also is refarroo 10 as "lander"1rI111is Oaod01 Trusl. Oeed of TruJt. Tha WOiCls '0ged of Trusr ffi911/'l this Une 01 Cred.t !nsll\rTlGnt ll.l'TlOIlg Gmntor. l.&ndsr, and Trustaa, and roucJes withoul jjmila~on all aaalwmsm ancI t&cwity mer$$! provJsiona relalilg to lh8 ~ PropelrJ8Ild RanIS. Granlor. The word "Gnmlor" ITliIIi/'l'i any and au porSorlS and 8OliI18s 8lCGCUlirlg fliS DIil9d cI TMI, lfIcludtng wlhoullirnimlion John J. Ash an4 Nancy A Ash. Guarll'ltor. Tho worCl "GUaJ'lllUOr" rmana and includes wiIhoul limIIatIon any ancl lllI OUIIla.nlor" lurati&5, and accclRTlDdallO:l pt,nias in conn&cti::.nWitllf\alodebtlldnHS. Improvements. The word "Irl'>p(OV8mllrtso IT\lI8rI$ and klclUl18$ wltf'lOlll tirJiUllion IlII axiSling anclll.1Ufu inlIrci\l8mtJOts, buildings, strUCIUIOS, mobie homes alfiXGCl 0I11N1 ftGal Property, fecilili9S, addition$:, rap/aCllIn&nl9 Slid ollar COIlSlrUct/orl on Il'IO R9&I ProP\lfT)'. IrldebledrlllSS. The WO~ 'lndob:edneu. rrans all prlndpaJ llIlClltll9r~t payable ul'ldar lh& Note llI'ld any Ilm:llml$ IlJrpeno"ad 01 aovll/'lclld by Landt\!" to d"lSCharge obtigallQ1'ls or Glanlor or GJCpe05a;J ir'cu1T~ by Trustee 0( L9f"dor 10 Dl'lforce otiioali\Yls 01 GlllrllOr undlif LI1lf, Oelld of TluSI, 10000ltwr wilh 1n161&$t OIl $UCrl an"O\.OtS 88 P1ovldod in this DWKI at Trusl In MdAAln ID !he NOle, lI10 word 'lnoecl9dn&s.s" IaclWlIS Il~ OOl~lllJor'.s. dobls am liabilWes, Pl~ inl6l&stll'le/~. Of Gramor \0 l.ent!9r, or any 00II Dr more ollhem. as W6!I is l1li Claims by I.6I"ClEll" a\l8.insl Gflmtor, or an)' ~ or ITIOJ& oI1hem. .whetlw new sWLn" Cf IlWWlh~ A1~ wh81her IW!lIcl or uoralatllO IP Plll P~ll of !1J& Note, wtIslIillr VQ'unlarj or olhlll"\'lM, wIl11lhllfclull or nol due. absolul801conli~genl.jiQuldaredorllnJlqu>::ral9daro:!\\rheth&rG.ranlOrmaYbllliaJ;lifl kldividUAlly orjoOltly \Yiln o r wholhatob/ioiled flS QUlIlWltorOlOUlEllWi$9,/lIlIJ\'t1lfI'lherfllCOvliIryU\Xll1 ~UCIlIfld&blaclMssllVlybGorh&rOOllermeYbc:iComebafTGo'l."Y Illu limilallC(l~. IlfId Whethsr Such 1r.d~IGdrl83S may b6 Of nereaJt&r rtICIy bocome 01!"letwls.8 unllntlrceabl8. (lfl.Itial Here nd8/". TN! word "LlIfltkj(' Ir\8/lnii McKinZl& SW9 Bank, ts .uccesso,,, al'ld aulgos, NOlO. Tho word 'Nolll~ ITIQn. the Nelli dal~ FobruaJ)' 6, l&ile.ill the princIpal amount of $246,625.83'lrom GranlOr to Lendor. .;/ ""'1"""--" '"..... .,... .tw i:~" ----I f.. o ! Date Received: MAR 2 7 2009 'II< Original Submittal 2 8..: 99 '02-05.1999 Loan No 5054050170 2-5 13 99011603 OEEO OF TRUST (CcnUnUed)' Page 2 looethat will1l1l fllnllWllI!, B.lhJilSlon5, moddicalloos, re~, lII'ld subslilutions lor lTIli_~. Th8 malL.lrtty dale 01 tho NCWl Is F8btuary 10. 2014. Thllral&ollt1!$re.ston the NOla Is 5u!1)6Ct LOh1e:ang, a4~n1,ren&wal.OlrllrlllQOllal.iOn. PerSOI\aI Property. The WOlds .PtI(sonal Pr~ I'TWn llIl p;jl,/ipn'Itlnt, IbcWres, OIId oll\ar Ilftiejes 01 jlQlSOnal propeny now or t16leafler owned by GtilIltOr, tr'd oow or h&reaItar anachedor aIUx&d'to~ Real Prtlpefty: lOget/111fwflh III ~iornI, P3I15, and iIOlfAiom 10, 8lI1ep1acemol'l~ ot, lll\O'afll.tl$Hlullonsfor,atlYolSudlpioporty;Wloqal/'lQrwill1Il1IPJ'OC9&tls(IOClu::!ingwilhovtlffltatlonallin.slJf.llncapro:;elldsllf'ldrSfunOsol pilll'lliurn5jfrom8fl)'SlJIlOlOllwfdiipos!lionollhllPlopeIt'f. Property, Th8wOI'd 'PrOPllo/meanSCollectivlllYUWlAsalPlopartylfldlhePfilSonaJproperty. RU! Property. The wr.:llt1a "Real PlOperty" Il\04IlIhe property, klleowlli aO(ll1~lS ClascribEld llOove In lhlil 'COl1V&j1anca 1100 Granr s6CliOn. 'R~aled Oocumtilt.l. Tile IYOl'I:15 oA6la1bd OoeuiTlMlS' ITI$ilI'l and InClude wllhoul limitatiOn oU J)I'CIIDs5Ol1' nolfi, credit IIgraamOI1lS, Ioar, a!yeetllllflt!l, llOvi/'Q'lIl"l9/'1laJe.gt&llmMl5, guasanllts, 'lICUril)' llgr&8lTlllllt&, mci'1oa08ll, ClEMids 01 truSt, am all olh&l' hstrumQl'lUl, agreements arv:: ~,whIllhernoworhlll8aJte/'exliling.llXecVtedlna:mectlon\Yilhlh&Jnd~. Rent.. ,The word "Rems".1TI&8r'I:i 1111 present llI1d Il.Ilure r&l1l:5, revenl.'K, Income, isSiJe5, royaJlk&s, pro/its. IlJ1d 0lhe1 bGolIlits Clerivsd Iroml.l;" Proplll1y. Trtt$tee. TI'l\J worCl "Tl1J3rll'- means WaS1.(lm Piom16f Tille COflllarlY and any sub$IIMe 01 successor tr~leM. THIS CEED OF TRUST, lNC\..UOING THE ASSIGNMENT OF RENTS AND Tl1e; SECURiTY IHTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE! {1) PAYMENT OF THE INDEBTEONESSANO (2} PERFORMANCE OF ANY AND All. OBUGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THlS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOUOWlNG TERMS: . ':PAYAlEHT AND PERFORMANC~ - Excepl as OlherwIsa PlWi<l&d !nihil De&d 01 Trust. Gramcr Shall pay lo Lendat lIZ1 omounls seeurad by 1I\is Oe<<j o! Tr~sl as IIleyb&come dUs, Ind 'hall 61/lc~y er:dlll a tfneIy n'lllIVIOr pllflorm 811'01 OrUllOf's ~I~ rmdar the Nore, It\ls 0&00 01 Trui>\, llna lI'W R6'lallldOoc:vmGlllJ. POSSESS/ON AND tAAlNTENANCE OF THE PROPERTY. GlilnlOr a~!hal Olanlot'S ~sb11lJ1d ll$& ollh& Prop&rly $hal be gO'llKMW by !nO f:lCowingprovisiOrls: Poueulol'l and UM. Unllllhll ClCCUlI(IOCO 0/ sri Eilerii' d Default, or U/lli I.lII1dor eXIlfci1i1lS it$ righl lO COllect fWntt as pr~ lOr i., Ule Asai;lrYnGrl( 01 Rooli form execuled by Grf,ntor irl COI'Vlaclicn \ViIh the Property, Grantor may (al r&mai'1 in POUessiOl1 and contre! 0/11le Property, (b) IIle, operslQo 01 ma~ the PI<<Jerty, end (e} c:oIlICIlll1)' Rents from ltlli Property. ThEllo6owilg provisions r9la1O LO the we 01 tne Property or to olhsr IlmltaJ!ons 0'1 the P/TJpeny. TlilS lNSTFIUMENT WIll NOT AlLOW USE OF THe PROPERTY DESCRIBED IN THIS INSTRUMENT IN Vlot.ATlON OF APPUCABlE lAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSo." ACQUIRING FEE TITLE TO THE PROPEATY Sl10UlD CHECK 'MTIi THE APPROPRIATE em OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY UAlITS ON LAWSUITS AGAINST FARMING OA FOREST PRACTICES AS DEFINED IN ORSJO.93Q. Duly to Mllnta~. Ol.:\fllo( Shall mainlaiflllW Property in IEll\8fllable COI)dltion anct ,lIfOmpuy per!0Im alllep.ai", roplacemOnl1, and mainlen.JnCO n~arvlOpr8S&rv9i1.svll.Jua. Haz.aKl/Xla S\lb$Wtcq. The IOIIIl3 "lllLllfdoos wasw: "hazardous Subs!arICe: "~: "relea:w: IInd "lIvNIilrl<<l release: as lI$ed in W~ 01lEld of TIUSI, shaU hllve tIlr;l SIUllS IT">(IBflin~ U Nt Ior1Il In ll1e ComprehensiVe EnvlrOiVT1Elnlal RaspollSB, Corr\peosalbn, and U8b..lity Act 01 19aO, u arnllJ'ldW. 42 U.S.C_ Seetion6601, ot$eq, rcERCLA1,l/la Superfr.m A.menanOflllland AaaLihOrizatiOl1Actot 1966, Pub. L NQ. ~g9 rSARA,.lh&HazsltiOUa Malllfiab Tllfl$pOI1allon Act. 49U,S.C. SacOOn 1801. atSlK!..Il1& Resource CcmervallOl1Ilf1d Reo;ovllryAa, 42 U.S.C. SecIlOll 5901, et s~. or other applicllbl& 5lalEt Of' F&d&nllla~, rues, ot regula1icm /lcloploo purSU6sUlO .any Of O'lll rOf~, The lellT'l$ "hazardous wasl&' Uod '1Ia.t1lrdou$ sublllance" a/lalllllao Inc:lu:le, wIlhout 'lmU.a~0I1, pel/olellm and pelroJeurn by-products or 1lI'l}' h'ac:boo \l1illool and /lsbllalo8. Gr/lfllo( Sep'/lSentG alliJ' werranls 10 Lender lime (a) OuMg Ihe psi!0I:/ of Gtan(0r'3 owr.e,,~ of lhe Property, \Il&f'e has boon no lise, gennUon, manvla.(;!I,I$. &OI/lge, trllIllm8nl, dispoa.I, ra/alSo or Wee18r\ed leI~ d any twarl:loUfl WASlcl 0/8ubstance b)o any P&ISon OIl, under, abou1 0/ Irom the Property; (b) GI/lfllo( hils 110 kJlowIedgG 01, Ol reason to b&ieve lhat i/1olo has boon. axc:epr as ,DI"/l'o'ioU$ly cisclosed to 9Ild aC'kr'owledgEICI by LOn:!er In Wliling, (i) any IIS&, gllf'lllt'lltln, manula.c:lbre, slcqge, V&lII/mInt, dispos,al, rolea:se, OIl1lraalllO&d rOloaso 01 any /ltu:1!Idous was!e 01 substance on, l.f1der, abOut or Irnmlhf Pn:p&rty or any prl'Jr ownorSQr occ:upants oIlhe Propgny 01 p~ My acl~ or ltvaatsn9dlitJgat.ionOle!almsof8f1YklrWbyanypel$6'1rolallnglQ'uc:lllTillIU;lr';ilI1d(C}Excep(Upr6ViovstyciscJOSGdtoandac:kI1OWled~by f..endar In wtIling, (!) ne;lh&f Grantor nor llI'ly lar1enl ccnlrac~, agool 01 othor eUlhOliZ:ed uur or !he Plop8rtj 5haII uso, g9n6f8te. fNnulaclure. SIOIe, Ir/lat. OOpclUl 01, l)"1&!e<u;sarryhawdous 'NllSleOlslbstance 011, lJlld&f, GboutOltromthe PropMyanrj (R) IITIySvch, activity shallbQ COtlduclGd In ~ar1ca with aU eppllCSbIa Ieder/ll, stale, ar.d !ocaJ laws. regulallorlsand orclin.1ncos, nctudlrlg wllttoul flrnilalal \1'006& laws. lllou141lons, and 0l'tlir\a1lCOli descrlOOd ebove. Grantor /lUlhortz6$ Lendlli and lis llglltllS to lIIller lIpOI1 the Pll~lllrty to ma~e suclllns~li::na ana le$I$, al Gr&1lOl" tllCp&flte, ll9 Utndel may dlltllTl appl'oplla~ to OOl&rrIo/l c:orq:llia/lc:a o! tile Property with this seclion oIlhe OBed 01 Trllsl Any inspeclklf1s otUlSlli madaby !.ondllrshaU bo tor t.eo:ler'a PUIjXlSf/:ll only end shalIl1OIbtlC(I(1struedlOclfllIreanyresponslbilUYOlI!abilityOl1lhO partor~IOGranlorOflOanyOIh&fPlU.on.Tllorapresentationsandw.urantlescantairl&dhereirlfllilbasedOnOrantor'sdUOdillQe~in rnvlil$lJoaIiog Ule Property ror Iliuerdous weslO and haUrdous ~\aI1ce3. GIllflIo( t1elVby (a) rllleases anc;l wa/voo any full/IS claims 8gains1 .~nd&f 101 lrlda-Mity or conlribl.ll'on in Ihe eVM! Granloc tlticomQs liable for dllarlllp or 0U18l' OCXllS undor any lWdlla.ws, IlIld (b) ilgreEU 10 .ru:lMVUty ol'ld hold ha~ Lond&r ll;QllIll:lI llfIy end eU ctarn&, 1oq&5, liaIXli1.ies"l1arr'4IIgas, pooW~as, an:;l &Kp/lfIlIes which Lllr.der may direetly or Indir&c:1ly sustain or sutter resullin9 Iro-n II breach oIlh1suct,iol'l o! tho Deed of Tllm OlliS /l COll~uence of llfIY use, getlQraliCfl, mIll'lu1aclUlO. SlO/'all8, olSJlOaaJ. releue or IhrealenEld r~llSllol a tlazarcous wast, or'~e On tile propenlot. Thaprovlsk:ns oIlhili IllClicnollhltDeea o!,TMI. inclu(lll1gtheobllgaliooIOincklmnity,UIaI'Uf'o'ivetlepra~msnIollhelndGbl&d1lEl$S endll1a501lislac~0fIl1fldrllCOOVeyanceollhell&l'lor this D08d 01 Trual end shall nO! bEl altllCllld by LeMar's lleQubilion 01 any ~ h Ihe Property, whetllllr by lOreclosllf& 01 0lI'00Iwise. N~I3ance;.wu!a. GraIltor shall ncl CIlUSO. c:<n:lUC( or porrnt arry nulWlce I'101 CO/JVlVt, Pf'IfI'Iil, or suffer /lIly stripping of 01' wosle all or 10 lho Property Ol.any portOO 01111e PITJPeIty. VVllhotA iImiting 1/18 gGT'$rallly Cline Iore~ Grf,/l1O/' wi! nol temoye, or gl8l1t 10 allY olllor paTtf IhIl rX;h! ~((IF/"QllfI, /lIlY ~m!:lQ-, m.h6rel$ {ir1cIWingal8lldQUJ, ,!;Ii, grave(or led; prO'JUcl:5 wMouttllG pri:Jr writlef1 c:or\3llr1t of LendOI, RltmDVal or l.,...~, ~...~..jl- Ol~or sha.~ ncl damolish or rernoo.oe any lmpIOVem&'1tS Iran 1119 Real PIOP9l1y WUhoutlhe priol' writl.enecns$lll 01 Le/ldel, AI e O'JO(IiliDrl to lha /llm:Wal of any Ir/Iprov8mellb, LGnO&r lTIIly requh G1eJltOr 10 make /lrrangllmlll'1lll e.a.biaclory 10 L\lfld1N 10 replace ~u::h lIlllfoV&monls wilIlll'llp'ovamenlS of 11 kia.r.feqwl valUIt. LGflder's RighI teEntar', lender Bnd h IIg81ll$ lll'Id Illpr(/llNtives may 8rllor IIpOr] 1Il11 Rea.l Proper1y 81 ~ raa&on8tllB Iinl6:IIO BUIlM lo l.8nGer"s loiBso.slll /lIld 10 h'lspoct tho PropOlly lor puIpOSlI'S 01 Gmnlor'J ell/l'lPliallce with lIla IEllmS and c:ood/!fons of ltIis Deed d Trust. ' Compl1anct With OOVflrnrn.:nl~ Requlrsmnts, GISIllor!1laII prOlT9tlY COlTCJly witll all laws, Miin~. ano' I~lions, now or lVIroaher in eIIoC\, 01 lI' QOWlfT'lrMOtal 4IIIl1Orilie$ 1lPJllici!ble .10 !ha use or OCCIIP/I/lCY oi Ihe ProP&flY, ",IUClM'lg wltll:xJl lirTllla!ion. Ihe AmancllIl& Wrth OiSabililie5 Acl.Grantor may CM/&s1 n I;IOOd fallh any such law, ordirl/ll'Ctl, OIIllQlllatlon end wirlhold compliance durIrlQ'iIIly proCllerJiog. Jncludll'lg ewfCpnakl iPP$al$, 80 IMg 05 Glantor ha$ /'IQlilied LendOl' III wriling PIlar 10 doing so arid so long as, If\ L.end6r's sole oplnion, "1'" ,tI. n,.' >:~~J. '''1'':., I Date Received: MAR 2 7 2n~9 ~, Original SubmmaL_=~==~ . - - ., -- -... '. ...- 2XlllbIR"Jl"Qtl~hed to that said O.EEO Of TRUST. ASSIGNMENT Of REfITS AND ,2-5 1 3, ;HAZARootrS StrBSrnllCES CERTIFlCA~E. AND, INDEMNITY dHed February 5, 1999. 99011603 EXHIBrr "A' Beginning at the I 3/4 Inch Iron pipe that replaced the original ]/1 inch pipe that was set on the Southerly right-oF-way line of the Southern Pacific Railroad 100 feet from when measured at right angles to the main line centerlIne, said point also being 571.20 feet North and 1217.54 feet East of the stone-marking the Re-entrant corner of the Isaac Brj~gs Donation land Claim No. 39 in Township 18 South, Range 3 West of the Wlllamette Meridian, and said poInt called out to be 571.34 feet North and J218.33' feet East of safd re-entrant corner; and run thence SouthO. 01' East 278.13 feet along the East llne df the West half of said BrJggs clalm to a poInt; thence North 66- i37' IS- West 41.53 feet to a point; thence North 8ZO 29' 20' West 395.42 feet to a point; thence North 40 ~9' 51" East 250.55 feet to a point on the Southern Pacific Railroad right-oF-way; thence along said right-of-way on a 11,559.19 foot radius curve to the left having a central angle of O. IS' 4S-, an arc length of 56.40 feet by a long chord that bears South 84" 19' 52. East 56.40 feet to the ending point of curve; thence 'South 840 28' 15. East 355.48 feet to the point of beginning, and being all in Sections 36 and 1 in Townships 17 and 18 South, Range 3 West of the Willamette Meridian, lane County I Oregon. . Except therefrom any portion lying within the land conveyed by Georgia-Pacific Corporation to the City of Springfield, by Deed recorded December 24, 1985, Recept ion No. 85-46055, Offic i al Records. of Lane County, Oregon. x _ /d)Jt {~~ fAsli X?11I'(1r,1 O/ljh Nar1cy A. ASf1 Date; Februarv 5,1999 Stille 01 Oregon County of lane - $.S. 1,lheCO<.Ir1tvClerk.inllnd{oTlhelllid C~lIy,dol1erebyCtrlil~lhlllthe...;lh... iml~nl W~ recelvtd lur T1~CO,d.,1 '9SFrn 8"11'37 R~I 2513R ~ne COl,lniy OF~lC1AL Reeo,d~ LaneCoullIvClerk fl.;fl.--! Af...f--Y ey: COl.JI'llyl.lBrl<. i Date Received: MAR 2 7 2009 ~ Original Submittal Privacy Policy Notice As adopted July1, 2001 Evergreen Land Title Company Private Policy Notice PURPOSE OF THIS NOTICE Title V.ofthe Gramm-Leach-BlileyAct (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal infomlation about you with a nonaffiliated third party . unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA" we are providing you with this document, which notifies you of the privacy policies and practices of Evergreen Land Title Company. We may collect nonpublic personal information abou't you from the following sources: . Information we receive from you, such as on applications or other f?rms. . Information about your transactions we secure from,Qur files, or from our affiliates or others. . Information weTeceive from a consumer reporting agency. . Information that we receive from others involved in your. transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional non public personal information will be collected about you, We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to 'nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: . Financial.service providers such as companies engaged in banking~ consumer finance, securities and insurance. . Non-financial companies such as envelope stuffers and other fulfillment service providers, WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL lNFORMATION'ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LA W. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products Or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ., I I I I Date Received: MAR 2 7 2009 Original Submittal Privacy Policy Notice Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter land Title lnsurance Company; LandAmerica Companies: Commonwealth land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, land Title Insurance Company, lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York PURPOSE OF THIS NOTICE Title V of the Gramm-leach.Bliley Act (GlBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party wlless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed, In compliance with the GlBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National land Title Insurance Company, Arkansas Title Insurance Company, Charter land Title Insurance Company; LandAmerica Companies: Commonwealth Liirid Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York We may collect nonpublicpersonal information about you from the following sources: . Infonnation we receive from you, such as' on applications or other forms. . Information about your transactions we secure from our files, or from our affiliates or others. . Information we receive from a consumer reporting agency. . Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal infonnation will be collected about you. We may disclose any of the above information that we collect about our.customers or fonner customers to our affiliates or to nonaffiliated third parties as permitted by law, ' We also may disclose this information about Our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: . Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. . Non.financial companies such as envelope stuffers and other fulfillment service providers, WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY lA W. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you, We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information, Date Received:, MAR 2 7 2009 Original Submittal I " ~ SITE PLAN REVIEW DEVELOPMENT AGREEMENT -...., ,jr#<- This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this __ (0 day of H Avu.tJ VU , 1998 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and ,'C') f.I. AJ J Ids If , hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3) and 3.100(3). RECITALS WHEREAS, on the 26th day of February, 1998, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER 97"07-165. Type II Site Plan Review Application requesting approval to construct an industrial storage facility on a partially developed site. The property is located 21 B7 S. 'F' Street, Tax Lot #3800 on Lane County Assessor's Map 18- 03-01. The property is zoned Heavy Industrial by the City of Springfield. . WHEREAS, in consideration for a Type II Site Plan Review Application approval, the issuance of a Building Permit, and the issuance o{an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with all of the standards in the Springfield Development Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official ,or their agents, or the Fire Marshall, which modifications or exceptions shall be reduced, to writing. WHEREAS, in consideration for Site Plan approval, the iss,uance of a Building Permit, . and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1. All landscape, storm water bio-swale and Phase 1 improvements must be constructedl installed as shown on the Final Site Plan prior to final building occupancy of Phase 1 structures. No building permits will be issued for Phase 2-5 new construction until the Phase 1 stormwater bio-swale system is provided an overflow pipe and outfall structure constructed in accordance with the approved final site plan and all 'applicable state, local and federal permit procedures. 2. All conditions specified in the Notice of Decision must be fulfilled: ,;- 1) The Final Site Plan must be revised to show tentative location and phasing of lateral water and electrical services. New electrical services must be extended u'ndergrou,nd from existing se;vices in accordance with SDC 32. 120. Planning Journal #97-07-165 Development Agreement 2 2) A 7 foot wide public utility easement is required along F Street frontage of the subject site. The easement must be. submitted for review and filing by the City with a check to cover filing costs. , ' 3) The Final Site Plan must be revise to show the location of a second fire hydrant or waterlines extendedto serve a sprinkler system as required by the Fire and Life Safety Division. 4) The Final Site Plan must be revised to show a private sanitary sewer easement if the proposed system is connected to tfie manhole on abutting property to the east. The easement must besubniitted for review by the Public Works Engineering , Division prior to filing at Lane County Deeds and Records pffice. 5) The Final Site Plan must be revised to show al/ underground tanks and indicate their use or timing of removal. 6) In accordance with SDC 31. 140, the front setback landscaped area must be constructed or bonded for the full length of the site before any occupancy is issued for Phase I. 7) The Final Site Plan must be revised to provide ADA accessible parking in accordance with SDC 31. 180. ' . 8) The Final Site Plan must be revised to relocate proposed dumpster enclosures or enlarge circulation areas between proposed structures and property lines. 9) The Final Site Plan must be revised to delete the east driveway access point and extendlandscaping and drainage improvements to the east property line in accordance with SDC 31.070. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code. 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31 .110 of the Springfield Development Code. I , " Planning Journal #97-07-165 Development Agreement 3 3. CONDITIONS. The applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECITALS prior to occupancy, unless certain conditions have been deferredt6 a later date in accordance with Section 31.110 of the Springfield Development Code. . 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan without'first notifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Section 31 .100 of the Springfield Development Code. 5. MAINTAINING THE USE. The Applicant agrees to the following: (al The building and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue the use. (b) It shall be the continuing obligation of the property owner to maintain the ,planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. In addition. plantings in the vision clearance area shall be trimmed to meet the 2 ,1/2 foot height standard in accordance with Section 32.070 of the Springfield Development Code. (cl Parking lots shall be maintained by the property owner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shall be improved to maintain conformance with these standards. (d) Oil/water separator catch basins, if approved by the City. and oth;r drainage systems are required to be checked and,cleaned to remove pollutants as needed (at least once a year, usually in September). All waste material must be disposed of in a lawful manner. :The owner/developer must document the maintenance activities at the site and to have the documents available on site for the City of Springfield to inspect and review. (e) Undeveloped land'within the development area shall be maintained free of trash and stored materials in a mowed and attractive manner. Undeveloped land shall not be used for' parking. (f) Site drainage must drain to an approved drainage way with suffici,ent capacity to accept the discharge. Surrounding property 'drainage, which drains onto the newly developed property, must be incorporated into the grading and drainage plan. 6. In addition to all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable State Law or City Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been granted.. , / :I Planning Journal #97.07-165 Development Agreement 4 7. Any Final Site Plan approves becomes null and void if construction does not commence within'one year of the date of the agreement. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. THE APPLlCANT(S): 2-.;2 6-:-- Oe-- Date STATE ClF OREGON, County of F'6BRu....,t.... , 1998. .. :\"'UAJ 'r. As"-l to be their voluntary act. Before me: LAME: Personally appeared the above named , who acknowledged theJoregoing instrument I.~,..",/' " ." . .." -~ , OFFICIAL SEAL DENNIS P ERNST NOTARY PUBLIC. OREGON COMMISSION NO. 052816 MY COMM~gUN EXJ>IRES APRllIU. lOUD Notary Public for Oregon My Commission expires ,l) l'J2IL 20, lDe?C) 'Z-h~ft8 , Dale' - /' WITNESS FOR THE CITY: (~/ ~" ,,) ~Ld/~~ STATE OF OREGON, County of. F'i' I'IJlu~L"'" , 1998. :IA.....t<'o<; P. ' D",u"VAA-J to be their voluntary act. LAIVC- Personally appeared the above named , who acknowledged the foregoing instrument Before~d- . OFFICIAL SEAL " DENNIS P ERNST . : NOTARY PUBLIC. OREGON , ' ," ,/ COMMISSION NO. 052816 .. .. MY COMMISl1llH EXJ>III!! APRIlIU. IUUU ' Notary Public for Oregon My Commission expires ~/L ;2.('); Z6a:J CITY OF SPRINGFIELD VICINITY MAP DRC2009-00011 2187 S "F" Street = J SFST ... SITE Map 18-03-01-00 I Tax Lot 3800 ~ .1 I L--- North - . l '. Date Received: MAR 2 7 2009 Original Submittal