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HomeMy WebLinkAboutApplication APPLICANT 4/29/2009 '- :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Property Line Adjustment Applicant Name: Ryan Erickson ICompany:EGR & Associates IAddress:2535 B Prairie Rd Eugene Oregon 97402 Phone: 688-8322 IFax: 688-8087 Applicant's Reo.: Phone: Company: Fax: IAddress: I I PROPERTY 1 I Assessors Mao#: 17-03-36-12. ITaxLot#: 3100 I Property Address: 936 H Street Springfield Oregon 97477 !propertYOwner: Charles F Wafford Phone: 746-9456 ICompany: Fax: IAddress: Same as Property , I PROPERTY 2 IAssessors MaD #: 17 - 03-36-12 ITax Lot #: 3300 I Property Address: 960 North 20th Street Sprinqfield Oreqon 97477 I Property Owner: Brett & Laura Gesh Phone: 337-8278 Icompany: Fax: IAddress: Same as Property < . </ Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: < Adjust line to encompass grape vines on TL 3300 into TL Associated Applications: Icase No.: SUa, LOOq -LWI () I Date: Y I J!IIOq I Reviewed by: l itll-VLJ IAPPlication Fee: $ lJJ 23.00 ITechnical Fee:' $ ~ I 'I S !postaqe Fee: $0 TOTAL FEES: $ C? SLf, IS I PROJECT NUMBER: ,.I; h , "''' - ~ Date Received: Revised 1/1/08 Molly Markarian ;.>, APR 2 9 2009 10f4 Original SLJOmittal Signatures The undersigned acknowledges that the mformatlon In this application IS correct and accurate. APPlicant:~~ Date: ~~? SJ9nature hh/7 ;C'Y/:-~0 Pr(nt . If the applicant is riot the owner, the owner hereby grants permission for the applicant to act in his/her behalf. Property Owner 1: (3~JJ__ Signature TI\P tt-r; hfl-5J. Print Date: yl &J 9/ D 0 I " I If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. Property Owner 2: Si~d /JJ~O_ CUt/?/<; 1N'1;;,c, >' )0 Print Date: tt- ;2.1'-~7 Date Received: APR 2 9 2009 Original Submittal Revised 1/1/08 Molly Markarian 20f4 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone :ity of Springfield Official Receipt Development Services Department Public Works Department RECEIPT #: 2200900000000000455 Date: 04/29/2009 2:31:09PM Paid By ELMINA MIKE Item Total: Check Number . Authorization Received By Batch Number Number How Received Amount Due 623.00 31.15 $654.15 Job/Journal Number SUB2009-000 1 0 SUB2009-000 I 0 Description CTY Property Line Adjustment + 5% Technology Fee Payments: Type of Payment Check Amount Paid emm 3147 In Person Payment Total: $654.15 $654.15 Date Received: ',J; APR 2 9 2009 Original Submittal cRcceintl Page I of 1 4/29/2009 L fTER OF TRANSMITT At ~ ~9;!!: G'!!;Og~~~~~!y~rstes, Inc. 2535B Prairie Road Eugene. Oregon 97402 U" It:: 4/29/09 I JUI$ NU: 6153-09-0056 AIIt:NrlUN: (514) 688-8322 Fax (541)688-8087 RE: Gesh / Wafford PLA N 20th & "H" Streets Springfield TO City of Springfield Development Services 225 Fifth Street Springfield, OR 97477 WE ARE SENDING YOU: VIA: o Drawings o Specifications o Fax Transmittal o Report o LeUer o Copy of LeUer o Plans o Change Order o Postal Service [8IProoertv Line Adjustment Aoolication o Express Courier 181 Hand Deliver II NO.- 1 2 3 4 5 6 7 I COPIES"I- -DATE 1 4/29 1 1 1 1 1 3 I -- - DESCRIPTION Property Line Adjustmen~ Af.lplication Form Deeds 17-03-36-12 TL 3100 & 3300 Draft Declaration of Property Line Adjustment Preliminary Title Report TL ~300 Preliminary Title Report TL 3100 Application Narrative Preliminary Adjustment Map 4/9 4/23 4/27 4/22 THESE ARE TRANSMITTED AS CHECKED BELOW: o As Requested o Approved as Noted n~E1MRKS: - I Thank you! COpy TO : o For Your Use o For Approval l8J For Review and Comment 0 Returned For Corrections o Approved as SubmiUed 0 Return Corrected Prints 0 Resubrnrt for Approval 0 - --..- - Date Received: APR 2 9 2009 Original Submittal SIGNED;'~~_ Ryan Erickson, PLS If enclosures are not as noted, kindly notify us at once. ~J Iii :r hi ~ ~.. :r hi ~ CITY OF SPRINGFIELD VICINITY MAP SUB2009-00010 936 "H" & 960 20th Streets HST r' Iii SITE :r Map 17-03-36-12 ~ Tax Lot 3100, 3300 -- '" H - _I Date Received APR 2 9 2009 Original Submittal North !,~ -.. ;'. APPLICANT'S STATEMENT AND SUBMITTAL CRITERIA ANALYSIS FOR THE GESH / WAFFORD " PROPERTY LINE ADJUSTMENT APPLICATION CITY OF SPRINGFIELD, OREGON APPLICATION DATE: 'April 27, 2009 APPLICANTS REPRESENTATIVE: Ryan M. Erickson EGR & Associates, Inc. 2535 B Prairie Rd. Eugene,OR'97402 Phone 541-688-8322 PROPERTY OWNERS Brett & Laura Gesh 960 N 20th Street, Springfield Charles Wafford 1936 H Street, Springfield LOCATION: Assessor's Map 17"03-36-12, Tax Lots 3100& 3300 REQUEST: Property Line Adjustment between Tax Lots 3100 & 3300 under Type I procedure per Springfield Development Code Section 5.16-100. ' I PROJECT SUMMARY This application is for approval to adjust the property line between Tax Lots 3100 and 3300 of Map 17-03-36-12. The property is currently zoned Low Density Residential (LDR). The properties are currently used for residential purposes and have one residence on each lot. The owner of Tax Lot 3100 has requested this adjustment in exchange for the release of an easement on Tax Lot 3300 which covers an area that the owner of Tax Lot 3100 has used as a garden and orchard. The owners have agreed to'an adjusted line which will adjust an area occupied by grape vines into Tax Lot 3100. II . APPROVAL CRITERIA The Approval Criteria for Property Line Adjustments is defined in the Springfield Code Section 5.16-125. This section 'shows the applicable code in grey text boxes with narratives on how the applicant has meet each ofthe following criteria. Date Received: . APR 2 9 2009 Original Submittal Gesh PLA Application Narrative Page I of3 ~~ -.. Property 'Line Adjustment Criteria 5.16'125 C'riteria. The Director shall approve, approve with conditions, or deny the Property Line. Adjustment application Approval or approval with conditions shall be. based on .compliance with the following criteria The property line adjustment shall not: (A) Create a newlot/parcel, The property subject to this adjustment are Lots' 8 & 9 of Sperry Addition, a subdivision recorded in Book 22, Page 12 of the Lane Couniy Oregon Plat Records.' No new lots are being created by this adjustment. Prior to this adjustment the subject property was composed of two lots and two lots remain after the adjustment. I (B) Create a landlocked lot/parcel; Neither lot will be landlocked as a result of the adjustment. Tax Lot 3100 currently and will continue to access "H" Street. Tax Lot 3300 currently and will continue to access "20,h" Street. I.. (C) Reduce an existing lot/parcel below the minimum size standard or reduce. setback below the minimum I established by the applicable zoning districts in this Code; . . The minimum lot size established under the Springfield Development Code in the LOR Zone is 4,500 sqft for East-West streets and 5,000 sqft for North-South streets. The. minimum proposed lot size is 7072 sqft. The lot areas are as follows: I Tax Lot: 3100 (Lot 8) 3300 (Lot 10) I Prior to Adjustment: 7087 sqft 7393 sqft I After Adjustment: 7408 sqft 7072 sqft. The adjusted line has been established to maintain setback requirements established by the zoning district. Since the adjusted line is being ildjusted into Tax Lot 3100, and this line is a rear property line for that lot, the line was set no closer than 10 feet to the structure. I (D) Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the .1 application; . '.. . . . '. . The adjustment does not violate any known conditions imposed on these two,lots, I (E) Det.rimentallY alter the' availability of existing pUblicandlorpnvate 'utilities to each lot/parcel in the. application I or to abutting lots/parcels; " .... . The adjustment does is not detrimental to the availability of existing public and private utilities to the lots or abutting lots. The locations of utilities servicing the lots are shown on the preliminary adjustment map and are well away from the area affected by this adjustment. I (F) Increase the degree of no.n-conformity'of each lot, parcel or structure that is non-conforming at the time ofl application. .: In relation to the line proposed for adjustment it appears that both lots are in conformance prior to this adjustment. The adjusted line has been established no closer than 10 feet to the structure on Tax Lot3300 such that both properties will remain in conformance after the adjustment. Date Received: APR 2 9 2009 Gesh PLA Application Narrative Original submittal_ Page 2 oJ3 Q .:, .. III APPLICABILITY OF PROPERTY LINE ADJUSTMENT The Applicability Criteria for Property Line Adjustments is defined in the Springfield Development Code'Section 5.16-105. This section shows the.applicable code in grey text boxes with narratives on how the applicant has meet each of the following criteria. 5.16-105 Purpose and Applicability. (A) These regulations are intended for .the review of Property Line Adjustments arid are separate froin Lane County Deeds and Records lot/parcel consolidation poliCies, A Property Line Adjustment is. the relocation of a common boundary between 2 abutting properties. A Serial Property. Line Adjustment is the relocation of more than 1 common propefty line involving 2 or more abutting properties. Serial Property Line Adjustments can be . reviewed individual/yor combined in, a single application as specified in Section S. 16-11S This proposal it to move one common property line between two adjoining properties. This proposal is not a Serial Property Line Adjustment. (B) Property Line AdjUstments may occur within a recorded Subdivision or Pattition;. as 'specified in this Section, ' as long as the adjustment is not a reconfigurationof or an increase or decrease of the number of lots in a Subdivision' In this case, the Replat reviewprocess specified in Section.S. 12-16S applies. The properties subjec\ to this adjpstment are Lots with Sperry Addition, a recorded Subdivision. This adjustment is not a reconfiguration nor does it increase or decrease the number oflots in the Subdivision. The adjusted line is being shifted to the East approximately 5.5 feet from its present location, meeting the definition of "Relocation" as defined in the Springfield Development Code Section 6.1-110 . L (6. 1C1}OpRelocation"Ashift,or rotation of a common boundary between 2 abutting lots or parcels. IV ATTACHMENTS L Application Fee 2. Property Line Adjustment Application Form 3. Deeds 4. Preliminary Title Report 5. Draft Declaration of Property Line AdjustmentDeed 6. Application Narrative 7. Preliminary Survey (3 Copies) Date Received: APR 2 9 2009 Original Submittal Gesh PLA Application Narrative Page 3 of3 .1 .. ,~: - . OR~f1 DECLARATION OF PROPERTY LINE ADJUSTMENT DEED Brett G. & Laura K. Gesh, being the record owner of Property I, and Charles F. Wafford, being the record owner of Property 2, in the City of Springfield, Lane County, State of Oregon, are setting forth this declaration to set an adjusted property line between Property I afid Property 2 described below, to comply with the City of Springfield Code and the provisions ofORS 92.190(4). PropertY 1: That property described on Bargain and Sale Deed recorded 19 April 2007 Document Number 2007- 026154, Lane County Oregon Deed Records being more particularly described as follows: . Lot 10, Sperry Addition, as platted and recorded in Book 22, Page 12,Lane County Oregon Plat Records, in Lane County, Oregon. . Property 2: That property described on Warranty Deed recorded 10 September 1974 Reel 707 Reception N.umber 7439137, Lane County Oregon Deed Records being more particularly described as follows: Lot 8, Sperry Addition, as platted and recorded in Book 22, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon. Property Line Adjustment: Following this property line adjustment, the description of Property I is described as "New Property I," and the description of Property 2 is described as "New Property 2." The adjusted line between Property I and Property 2, is described as "Adjusted Line." The adjustment is depicted on CSF filed in the office ofthe Lane County Surveyor, a reduced copy is attached hereto as Exhibit "A". New Property 1: , Lot 10, Sperry Addition, as platted and recorded in Book 22, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon. EXCEPT THAT PORTION OF LOT 10 DESCRIBED AS FOLLOWS: Beginning at a5/8" rod on the South line of Lot 10, Sperry Addition, said point is S89050'00"W 5731 feet from the Southeast comer of Lot I 0; thence NOo 13 '30"W 58.49 feet to a 5/8" rod; thence S89046'30"W 5.46 feet to the line between Lots 8 and I o Sperry Addition said point being referenced by a 5/8" rod; thence Sooll '22"E 58.48 feet along the Jine between Lots 8 and 10 to the Southwest comer of Lot 10; thence along the South Jine of Lot 10 N89050'00" E 5.50 feet to the Point of Beginning. New Property 2: I Lot 8, Sperry Addition, as platted and recorded in Book 22, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon. . ALSO THAT PORTION OF LOT 10 DESCRIBED AS FOLLOWS: Beginning at a 5/8" rod on the South line of Lot 10, Sperry Addition, said point is S89050'00"W 57.31 feet from the Southeast comer of Lot 10; thence Noo13'30"W 58.49 feet to a 5/8" rod; thence S89946'30"W 5.46 feet to the line between Lots 8 and IO'Sperry Addition said point being referenced by a 5/8" rod; thence Sooll '22"E 58.48 feet along the line between Lots 8 and 10 to the Southwest comer of Lot 10; thence along the South line of Lot 10 N89050;00" E 5:50 feet to the Point of Beginning. Conveyance: By acknowledging this document Brett G. and Laura K. Gesh, Grantors, do hereby convey all rights, title and interest to Charles F. Wafford, Grantee, to that property described as follows located in the City of Springfield, County of Lane, State of Oregon, free of encumbrances except as specifically set forth herein, to wit: Date Received: After Recording Return To: EGR & Associates, Inc. 2535 B Prairie Rd. Eugene, OR 97402 APR 2 9 2009 Until a change is requested, all tax statements are to be sent to: Property I - No Change Property 2 - No Change Original Submittal Consideration is Other PLA 6153-09-0056 Page 1 ofL . "-. , THAT PORTION OF LOT 10 DESCRIBED AS FOLLOWS: Beginning at a 5/8" rod on the South line of Lot I 0, Sperry Addition, said point is S89050'00"W 57.31 feet from the Southeast comer of Lot 10; thence NOOI3'30"W 58:49 feet to a 5/8" rod; thence S89046'30"W 5:46 feet to the line between Lots 8 and 10 Sperry Addition said point being referenced by a 5/8" rod; thence Sooll '22"E 5&:48 feet along the line between Lots 8 and 10 to the Southwest comer ofLo11O; thence along the South line of Lot 10 N89050'00" E 5.50 feet to the Point of Beginning. Adjusted Line: Beginning at a 5/8" rod on the South line of Lot 10, Sperry Addition, said point is S89050'00"W 57.31 feet from the southeast comer of Lot 10; thence NooI3'30"W 58:49 feet to a 5/8" rod; thence S89046'30"W 5:46 feet to the line between Lots 8 and 10 Sperry Addition said point being referenced by a 5/8" rod. Said Line is as surveyed in CSF filed in the office of the Lane County Surveyor. In witness whereof, the undersigned has caused this instrument to be executed this _ day of 2009. Brett G. Gesh Charles F. Wafford Laura K. Gesh This adjustment is subject to and excepts any rights of the public in' streets, roads and highways. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LA WS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA TIONOF APPLICABLE LAND USE LA WS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT. OF LAND BEING TRANSFERRED IS A LA WFULL Y ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR215.01O, TO VERIFY THE APPROVED USES OF, THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMiNG OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO I I, CHAPTER 424, OREGON LAWS 2007. State of Oregon) County of Lane) This instrument was acknowledged before me on this and Laura K. Gesh. day of .2009, by Brett G. ~"\ ()~ Notary Public My commission expires: Slate of Oregon) County of Lane) This instrument was acknowledged before me on this Wafford. day of . 2009, by Charles F. Notary Public My commission expires: Date Received: APR 2 9 2009 Original Submittal PLA 6115-08-0158 Page 2 of2 ." , RLJD Property keport Page 1 of I Account.' 0320620 PROPERTY REPORT - LANE COUNTY Map, Tax Lot, & SIC # 17-03-36-12-03100 Site Address: 1936 H ST SPRINGFIELD OR 97477 Owner Name & Address: Wafford Charles F 1936 H Street Springfield, OR 97477 Mulliple Owners? No. Additional AccouI'JJ Numbers for this Tax Lot & SIC: Taxp'~Y.l''l! Name & Address: Wafford Charles F. 1936 H Street Springfield, OR 97477 Approximate Tax 0.16 I Subdivision School Springfield Lot Acres 6,970' Name: District: Ine City: Springfield I Phase: Elem Maple UGB: Springfield I Lot # TL 03100 Middle Springfield I Census Tr/BlkGrp: 3400/2 II Recording # High Springfield I Zoning: ParenUOverlay LO I Statistical Class: 130 I Land Use: 1111 I Property Class: 101 Class 3 Single Family Home Single Family Housing Residential, .'mproved Property Value and Taxes Land Value ~eaL~tark-'~J $64,700 $53,920 Improvement Value Real M.aI!sl;!j $93,020 $108,870 Total Value R~al MarkE'!t Asse~tsed $157,720 $97,385 $162,790 $94,549 2008 2007 2008 T~.u(abl!:LValu~ $ 97,385 2008 Taxes. $1;703.57 Tax Code Area 01900 Two Most Recent Sales Date Price Grantor Grantee Instrument # Residential Building # 1 (of 1 ) C_haracterlstics 31 stat 130 Square feet Base Finished IYear Built 1955 I Basement . IBedrooms 3 IFirst 1008 1008 I Full Balhs 1 I Second IHalf Baths IAtlic 1% tmprovmt Complete 100 'Total 1008 1008 I Comments: IBsmt Garage Sqft IAtt Garage Sqft IDet Garage Sqft IAtt Carport Sqft 216 I "This report edracts commonly used information from the Detailed Property Report. gJ~!Lh(!re for t~~!ull Detailel!Proper:tL~ep9~. l)tto:/ /WWW.r1 id.Ofll/OnePae:eProncrtvRenortfOnePallePronertvRenort.cfm?tax lot id=4921.. 4/2712009 Date Received: APR 2 9 2009 Original Submittal w..;... !t; "~~ ..it. U\ WARRANTY Dr:EO For. .V....LUE,R~CE[VED 7,1~\~f10'7 - .........a;~----..-.- y. tji~;" .// 1;(1' . ~' ~~' ~:: :fJ+ ::..:;! ~.: 'n(>I,1 ::,1((,'r'!, .1 "1.1,,.,1, 'u.l ;:;,,, :i.,:-..'''i,,:' ';j"'~ ;" .11' lIenr;- ','-.1: I,'c'~, ':'~<:e,'~q.j, lot :.I, ~?F.Rl:'( ,\OUlTW::, ,1'> !Ila:tqd "nJ futon);,:,l in ~o,,'.. n, p,,!,,! 1.2, l..)llU (uonty n:uJ"n H,lt 1:..:""".11' Ln I~'mi C''''nt~., ercr,on, TO H.-\VE AND TO HOLD.ttlo: s~ld pnmllu unto Hid Graoteu; their heln nnd nlllltTll forever. ..\od tho snld Gralltors Itereby covenant that they ore hl\vt'uUy .selwd in fClllimpla of lAid premlea; thattharl1rufreefr.1maUineumbranees, . . ~ nnd tll,;,t they will "';':arrant and def~nd the llbo\lll granted premlau agQ.iriat all lawful claims what- :n soever,execlItaSllbovestated. .....q.:.;".IS<:{<!:...f.&::.iI.~.._....... _..(lkaI) (3....) STATE OF OREGON, COUQty of u..ne, M. Penon.lly epp.o.rtdtlte aho" named ..,,~,,:'~. .!:f:pla l,'afford, .a ....idOl:, .ud the :!Iurvhln& SpOUSI! of Hanry Wofford, '. '.': ...~~JlI.d, "on~ ~;~kiio~!ed~ the furegoing ll\.Stnllnent tu be .h9.l;..._yglunbl'Y llet :l.lld deed. Detore me: ... ..,.ri~t~ :u~.::L.~~!{Jlnb.~t.i...?.... ...... A.D, 19. mlJ5......_....~!f.dc:...~.::..:i.ll'tf,~!-:.r!4._.:_- ...~r,..c.':".;u...oIlE,,'iru Jul,! 24,1')67 NotuJPublktorO..roll (' 5~ , '~. :] ~~' " , ~ u ",",,:P o. ~ ~i:G .. , '\ :~: 0 " <J ~ ;d " ~; ~ ,.. .0 ~ .....~ . ~ w .~~ "~ 0 ". '~ ; fr\ ~ Cf: " Description: Lane,OR Document - rear.DocID {-19931 1974.39131 Page: I of I Order: ddddd Comment: i:~r~ill i"lCcrTl.'ll tn as Ittnntol'll, h~rcby grilul. Inrgnin, sellaod cim\"l'y unto "'~;,.,r!','; 1'. :i" ((,Jr,1 herein referred to as g'l"lIntllu, tile followinl:' rlcscrib<.'<i relll llrnpllri:y, with tUl\emen~, hl:(cdlt.,m':llts :m<l l llllPurtCMneu,tllwit: " o . " > " . D1t,.! ..._,,_... !;o'/<!1""boc t6 no... 19...~.~._..."._.._ ...(S..ll . (Seol) "- :~ '" ( ~ ... ~ ~ 00::5 0 . w ~ i ~ l.)~ > 0- :z "" '" '" "" .. , ~ ; , , . , ; . t"? ~ !::: " ~.~ ~ p - , < u ;;: u 'il 1 .; , t- E !2 C 0 . j - -, III t- , 0 1= , , .. , - ~ v , E - . " J ,. - .. , ~ ~,~ ; lo.l _ 0 < ;; u " < 0 U ),C 0 ;, .~ CASC'\DE mu: COMPANY L Date Received: APR 2 9 2009 Original Submittal RLlD Property Report ACCQ\IDt #. 0320646 Page I of I PROPERTY REPORT - LANE COUNTY Map, Tax Lot, & SIC # 17.(13-36-12-03300 Site Address: 960 20TH ST SPRINGFIELD OR 97477 Owner Name & Address: Gesh Brett G & Laura K 960 20th St Springfield, OR 97477 IMultiple Owners? No. IAdditional AccounJ Numbers for this Tax Lot & SIC: \APproximate Tax Lot Acres line City: IUGB: lCensus :rr/BlkGrp: 0.17 7,405' Springfield Springfield 3400/2 Ta~pay.~ Name 8. Address: Gosh Brett G & Laura K 960 20th SI Springfield ..OR 97477 Subdivision Name: Phase: ILot# I Recording # ISChOOI District: IElem IIMiddle !IHigh Maple Springfield Springfield Springfield TL 03300 Zoning: Parent/Overlay LD Statistical Class: 120 Class 2 Single Family Home Land Use: Property Class: 1111 101 Property Valu~ and Taxes Land Value Re~1 Market $65,646 $54,692 2008 2007 2008 J..ll.~ble 'lalu_e $ 65,194 Two Most Recent Salos Date Price 04-12-2007 $0 09-10-2004 $43,888 Single Family Housing Residential, Improved Improvement Value Bp:::lIM:::lrkp.t $74,400 $75,370 Total Value Beal Market Ass~ss~d $140,046 $65,194 $130,062 $63,295 2008 Tax... $1,140.45 Tax Code Area . 01900 Grantor Gesh Brett Gordon Mike Elmina Grantee Gesh Brett G & laura K Gesh Brett Gordon Instrument # 20-07-028154 20-04-070976 Residential Building # 1 (of 1 ) Characte~isti~J 21 stal110 or 120 Square feet Base Finished I Basement I First Second IAttic ITatal Year Built Bedrooms Full Baths Half Baths 1955 2 1 % Improvmt Complete 100 I Bsmt Garage Sqft IAU Garage Sqft 240 I Del Garage Sqft IAU Carport Sqft I 672 872 872 872 I Comments: -This report e~tracts commonty used information from the Detailed Property Report. Cllcthere for tne1!l!!J?~tilileq l;J[Ope'rry g!QQ!!, hlto:l /www.rlid.oTf!'/OnePal!eProoertv Reoort/OnePaQeProoertv Reoort,cfm?taxlot id=4921... 4/27/2009 Date Received: APR 2 9 2009 Original Submittal , ' (0" 0" '/ II " !' Division of Chie' Deputv Clerk lane Counlv O..ds ~nd Recorda ~OO,.O~61~'\ .. AfterRecordini~ro FilstAmerieanTitlc PO Box 10146 Eugene. OR 97440 - 1111111111111111111111111111111111111111111111111 $31.00 00900817200100261540020029 04/1912007 10:33:04 AM RPR-DEED Cnt;l SLn=6 CASHIER 07 , $10.00 $11.00 S10.00 ~ ' + After recording return to: Brett G. Gesh and Laura K. Gesh 960 N ZOth Street Springfield, OR 97477 Until a change I!> requested all tax statements shall be sent to lhe foUowlng address: No change File No.: 719S-10Z07S9-719S (RDP) Date: April 11, 2007 Map/Tax l.ot 1703361Z03300 Property 10 0320646 STATUTORY BARGAIN AND SALE DEED . , Brett Gordon Gesh , Grantor, conveys to Brett G. Gesh and Laura K. Gesh, as tenants by the entirely, Grantee, the ronowing described real property: LOT 10, SPERRY ADDrnON, AS PLAlTED AND RECORDED IN BOOK 22, PAGE 12, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON. The true consIderation for this conveyance is $0.00 to change vesting. (Here comply with requirefnents of ORS 93.030) BEFORE SIGNING OR ACCEPTING THIS INSTRUMEfofT, THE PERSON TRANSFERRING FEE TITl.E SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.3SZ. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPER1Y DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS: BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRAcrJCES P5 DEFINED IN ORS 30.930 AND m INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROP~1Y OWNERS, IF ANY, UNDER ORS 197.35Z. Dated this ~ day of ~~ II.- . ZO~. Page 1d2 Date Received: APR 2 9 2009 Original SubmiU?' . " . ~ " Am: 032U646 Barpaln and Sale Dead -lXllltinued Ale No.: 7195-1020159*1195 (RDP) Oate: 04/11/2001 ~$ ink 1L Brett Gordon Gesh STATE OF Oregon ) )55. County of lane ) This instrument was acknowledged before me on this li!.- day of -b.IL , 20E by B,ettGordon Gosh. +~ 'rh ~~ e LYN~;clOUSe Notary Public for Oregon . NOTARfPOlUC.OREOON My commission expIres: S-- '1-tJ J .' ww"'''''.'NO.A3f7'S151 lltcaAlISSI(WEXPIAI!8W,Y'J<<17 Pi1ge20f2 , I Date Received: APR 2 9 2009 Original Submittal \ '. j.-!:; I , ... M.., ~ ~~L~ First American First American Title Insurance Company of Oregon 600 Country Club.Road Eugene, OR 97401 Ph" - (541)484-2900 Fax - (S41)484-7'm Order No.: 7191'.1392800 Aprii 15, 2009 FOROUESTIONS REGARDING YOUR CLOSING. PLEASE CONTACT: ROBIN PARKS, Escrow Officer/Closer Phone: (541)484-2900 - Fax: (541)484-7321- Email:rparks@firstam.com First American Title Insurance Company of Oregon 600 Country Club Road, Eugene, OR 97401 FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT_ PLEASE CONTACT: Michael Silvis, Title Officer Phone: (541)484-2900 - Fax: (541)484-7321 - Emaii: msiivis@firstam.com , . , Preliminary Title Report ALTA Owners Standard Coverage ALTA Owners Extended Coverage ALTA Lenders Standard Coverage AlTA Lenders Extended Coverage Endorsement 9,22 & 8.1 Govt SerVice Charge Other Liability $ 144,900.00 Premium $ Liability $ Premium $ Uability $ Premium $ Liability $ To COme Premium $ Premium $ Cost $ Cost $ 563.00 T8D 100.00 15.00 We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: LOT 10, SPERRY ADDITION, AS PLATTED AND RECORDED IN BOOK 22, PAGE 12, LANE COUNn OREGON PLAT RECORDS, IN LANE COUNn, OREGON. and as of April 09, 2009 at 8:00 a.m., title vested in: Brett G. Gesh and Laura K. Gesh, as tenants by the entirety Subject to the exceptions, exclusions, and stipulations which areordinariiy part of such Policy form and the followi ng: ' L Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices'of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which couid be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. Date Received: This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance,policy and shall become void unless a policy is issued, and the full premium paid. APR 2 9 ~QQS Original Submittal .~~ ~ Preliminary Report Order No.: 7191-1392800 Page 2 of '" 3. Easements, or claims or easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. 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. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Surveyor alternative acceptable to the company B. Affidavit regarding possession C Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actuai or potential construction liens; iiL Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Easement on the recorded plat/partition as follows: utilities 7. An easement reserved in a deed, including the terms and provisions thereof; Recorded: January 05, 1993, Reel 1816R, Reception No. 93-00674 From: Rita Marie Wafford To: Elmina Mike-Ferren and Robin Ferren, husband and wife For: right to retain permanent 8. Deed of Trust and the terms and conditions thereof. Grantor{Trustor: Brett G Gesh, and Laura K Gesh Grantee/Beneficiary: ABN AMRO Mortgage Group, Inc. Trustee: First American TItle Insurance Co. Amount: $118,000.00 Dated: April 12, 2007 Recorded: April 19, 2007 Recording Information: 2007-026155 - END OF EXCEPTIONS - NOTE: We find no judgments or United States Internal Revenue liens against Alan Ray Mishler . Date Received: first American Title APR 2 9 2C~9 Original Submittal -.. '. Preliminary Report Order No.: 7191~1392800 Page 3 of 4 NOTE: Taxes for the year 2008-2009 PAID IN FULL Tax Amount: $1,140.45 Map No.: 1703361203300 Property ID: 0320646 Tax Code No.: 01900 Situs Address as disclosed on Lane County Tax Roll: 960 20th Street, Springfield, OR 97477 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc: Alan Ray Mishler cc: Brett Gesh and Laura Gesh cc: Elmina Mike, RE{MAX Integrity 4710 Village Plaza Loop Suite 200, Eugene, OR 97401 Date Received: APR 2 9 2009 first American Title Original SubmittF'1 " !'o Preliminary Report Order No.: 7191~1392800 Page 4 of4 '~ First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (06/17/06) The following matters are expressly excluded from the coverage of this p::llicy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses mat arise by reason of; 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to buik:ling and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any Improvement erected on the land; (iii) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not mcxlify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, Of other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); '" (e) resulting in loss or damage that woukl not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the bansaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. MY claim, by reason of the 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 bansfer 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 imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l1(b). ALTA OWNER'S POLICY (06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) My law, ordinance, permit, or governmental regulation (including those relating to ooilding and zoning) restricting, regulating, prohibiting, or relating to . (I) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the land; (iii) the sulxlivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the COYerclge provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the 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 9 of this policy. 5. My lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of bansfer in the Public Records that vests Title as shown in Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public recoros; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making Inquiry of persons in possession thereof. 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. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located 9" adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that woukl be disclosed by an accurate and complete land survey of the subject land. 5. My 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. NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) Will BE FURNISHED UPON REQUEST Tl149 Rev. 7-22-08 Date Received: Rrst American Title APR 2 9 2009 Original Submittal ~, .- ... .. , ,."'...., ~ ~~$ ~ First American First American Title Insurance Company of Oregon 600 Country Club Road Eugene, OR 9?401 Phn - (541}484-2900 Fax - (541)484-7321 Order No.: 7191-1402240 April 29, 2009 FOR OUESTIONS REGARDING YOUR CLOSING. PLEASE CONTACT: ROBIN PARKS, Escrow Officer/Closer Phone: (541)484-2900 c Fax: (541)484,7321- Emaii:rparks@firstam.com First American litle Insurance Company of Oregon 600 Country Club Road, Eugene, OR 97401 FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT: Michael Silvis, litle Officer Phone: (541)484-2900 - Fax: (541)484-7321 - Email: msilvis@firstam.com Preliminary Title Report 2006 Al TA Owners Standard Coverage liability $ Premium $ 2006 ALTA Owners Extended Coverage liability $ Premium $ 2006 ALTA Lenders Standard Coverage Liability $ Premium $ 2006 AlTA lenders Extended Coverag~ Liability $ Premium $ Endorsement Premium $ Other Report Only Cost $ , None We are prepared to issue litle Insurance Policy or PoliCies in the form and amount shown above, insuring title to the following described land: LOT 8, SPERRY ADDITION, AS PLAlTED AND RECORDED IN 800K 22, PAGE 12, LANE COUN1Y OREGON PLAT RECORDS, IN LANE COUN1Y, OREGON. and as of April 23, 2009 at 8:00 a.m., title vested in: Charles F. Wafford Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a publiC agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. Date Received: This report is for the. exclusive use of the parties herein shown and is preliminary to the issual1ce of a APR 2 9 2009 title insurance policy and shall become void unless a policy is issued, and the futl premium paid. Original 3ubmittsl . Preliminary Report Order No.: 7191-1402240 , Page 2 of3 3. Easements, or claims or easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or; title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. 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. The exceptions to coverage 1-S inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage, may be added upon review' of such information: A Surveyor alternative acceptabie to the company B. Affidavit regarding possession . C. Proof that there is no new construction or remodeling of any improvement located on . the premises. In the event of new construction or remodeling the following is required: L Satisfactory evidence that no construction .Iiens will be filed; or iL Adequate security to protect against actual or potential construction liens; iiL Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Easement on the recorded plat/partition as follows: utilities - END OF EXCEPTIONS - NOTE: Taxes for the year 2008-2009 PAID IN FULL Tax Amount: $1,703.57 Map No.: 1703361203100 Property ID: 0320620 Tax Code No.: 01900 Situs Address as disclosed on Lane County Tax Roll: 1936 H Street, Springfieid, OR 97477 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc: cc: Charles F. Wafford cc: Elmina Mike, RE/MAX Integrity 4710 Village Plaza Loop Suite 200, Eugene, OR 97401 cc: EGR & Associates, Inc 2535B Prairie Rd, Eugene, OR 97402 Date Received: APR 2 9 2009 First American Title Original Submittal '. '. . Preliminary Report Order No.: 7191.1402240 Page 3 of 3 ....~ 1 .' M.; ~ '., "",~ First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (if) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of lard; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion lea) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under. Covered Risk 7 or 8. ' 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Pollcy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured ClailTlClnt; (d) attaching or c~ted subsequent to Date of Policy (however, this doesnot modify or limit the coverage provided under Covered Risk 11,13, or 14); 0' (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises'out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law. 6. My claim, by reason of the 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 imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not mcdify or limit the coverage provided under Covered Risk l1(b). ALTA OWNER'S POLICY (06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the oa:upancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the sulxlivision of land; or ' (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk S. ~ . (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the In~ured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an In'sured under this policy; (c) resulting in no loss or damage to the Insured Claimant; , (d) attaching or created subsequent to Date of Policy (however, this does not' modify or liniit the coverage provided under Covered Risks 9 and 10)i or (e) resulting in loss or damage that wouk:l not have been sustained if the Insured Claimant had paid value for the litle. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) . apreferential transfer.for any reason not stated in Covered Risk 9 of this policy. S. Any Hen on the litlefor real estate taxes Or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the publiC records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts; rights, interests or claims which are not shown by the public records but which could be ascertained by an inspectk:m 'of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the publiC recordsi reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. My encroachment (Of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien" or right to alien, for servic~s, ,labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the publiC records. NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI 149 Rev. 7-22-08 Date Received: First American Title APR 2 9 2009 Original Submittal