HomeMy WebLinkAboutApplication APPLICANT 4/20/2009
:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
PRE-SUBMITTAL REC'O
APR 2 0 2009
. -.
,
I
I
I
, j
I Description of If you are filling in this form by hand, please attach your proposal description to this application. I
Proposal:' .
[Existing Use:' I Tentative Case #: I
1# of Lots/Parcels: lAver. Lot/Parcel Size: sf IDensity: du/acre I
Si natures: Please si rint our name and date in the a ro riate box on the next
Applicant Name: Dean Helfrich
Icompany:
IAddress:
,
IAPPlicant's Rep.: Jim McLaughlin
Ico'mpany:
IAddress:
, .
I Property Owner: Dean Helfrich
Icompany:
IAddress: 2587 N. 19th Street, Springfield
,
IASSESSOR'S MAP NO: 17-03-24 ITAX LOT NOeS}:
Property Address: 2833 .20th Street, Springfield
Phone: q 1t1 - tfn~
IFax:
2587 N. 19th Street, Springfield
I Phone:
IFax:
(541) 729-4886
2428 Ranch Dr.,Springfield 97477
Phone: .
Fax:
500
Size of Property: 47775
I Proposed Name of Subdivision: .
Acres D' Sauare Feet Kl
Associated Applications:
Ipre-sub Case No.:
Icase No.: Pe.:EWi'Y'l- 0001 \
Application Fee: $ S 2D DO
TOTAL fEES: $ <\t52b, CO
Date: . I Reviewed by:
Date: 4 . '2D' ocr I Reviewed by: 101 L..
ITechnical Fee: $ rt5 Ipostaae Fee: $0
I PROJECT NUMBER: Pff....\s20CJ7-CCCf(t./-
._.
. -,
Revised 1/1/08 Molly Markarian
1 of 6
Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal., Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
, Pre-Submittal
The undersigned aCknowledges that the'information in this application is correct and accurate for scheduling of the
Pre- Submittal Meeting. ... .
Owner:
\) ~~~ \~cJv~~
Signature
Date:
4-- ~ ~ug
'\\ GO- Y\
\~z \.~\{<t.-l,. .
Print
'Submittal
I represent this applicationto be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as submitted.
This statement serves as written notice pursuant to the requirements of QRS 227.178 pertaining to a complete
application.
Owner:
\)~6J\ \~ ~ ~
Signature
U,e, ():'^'- \A x.\, ~\~
Print
Date:
, L\>- 5--B-g
PRE-SUBMITTAl REC'O
APR 2 0 2009
"-,:', ~\
Revised 1/1/08 Molly Markarian
2 of 6 .
PRE.SUBMITTAL REC'O
APR 2 0 2009
Land Division Plat Pre-Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form. .
Application Fee - refer to the Development Code Fee Schedule for the appropriate fee 1
calculation formula. A copy of the fee schedule is available at the Development Services
Department. Any applicable application, technology, and postage fees, are collected at
the pre-submittal and submittal stages.
Land Division Plat Application Form
Letter Addressing Conditions 9f Approval - lists and addresses each condition of
approval, detailing ,the actions taken and current status of each item.
Nine (9) Paper Copies of the Plat stamped and signed by the surveyor.
Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all
common areas, dedicated areas, and easement areas that are not simple parallel'offsets.
Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being
divided. The title report must be dated within 30 days of, submittal at the time of the final
submittal. An older, report is OK at the pre-submittal stage.
Two (2) Copies of Each of the Reference Documents and Plats listed on the plat.
Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest
title to the owner listed-on the plat), existing easement deeds, and documents listed as
exceptions in the title report, etc.
Two (2) Draft Copies of any street dedications.
Two (2) Draft Copies of Any New Easements or Restrictions being created by
separate document, improvement agreements, maintenance agreements, joint use
ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other
documents that will be recorded together with the plat or that are required by the
Conditions of Approval.
Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by
the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by
separate document is required from all Trust Deed, mortgage, or other secured loan .
interest holders against the property to be recorded simultaneously with the plat IF any
public dedications or easements are being made and/or any other interests are being
transferred to the public per ORS 92.075 (2-4).
Copies of Wetland Documents as required.
Copies of ODOT Access Permits as required.
Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
I 0 .Verification that Street Tree Agreement is in Progress as required.
N.6 ~ Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as
required, - .
It
~
J. uses
8
g:
-$.
J?'
$
.$--
o
'\Job -0
fIf/:.
NA-EJ
ur. -[]
WI> - 0
tlb-O
.... ,\ ,I
"J
w ~, Post Monumentation Deposit as required for subdivisions only. City Survey Section
has current fee schedule and templates.
Revised 1/1/08 Molly Markarian
5 of 6
Applicants Statement of conditions of approval
1. Improvement agreement document provided.
2. Deed restriction document provided.
3. Deed restriction document provided.
4. Property owner states Existing Surface is acceptable.
5. Street trees have been planted.
6. See attached drawing.
7. See attached drawing.
8. See attached drawing.
9. Shown on plat.
10. See attached drawing.
1 L Shown on plat.
12. Construction complete.
13. Shown on map.
14, Property owner has agreement with Springfield Utility Board.
15. Signs installed.
16, Shown on map.
17. Document provided.
18. Not applicable to partition approval process.
19. See note on plat
20. See note on plat
21. Deed restriction document provided.
22. Not applicable to partition approval process.
23. Not applicable to partition approval process.
24. Not applicable to partition approval process.
25. Not applicable to partition approval process.
26. Not applicable to partition approval process.
PRE.SUBMITTAL REC'O
APR 2 0 2009
PRE.SUBMITTAL REC'O
APR 2 0 2009
CONDITIONS OF APPROVAL:
~~, 1. Prior to approval of the Final Plat, the applicant shall execute and record an Improvement Agreement
against Parcels ,I and 2 for future 20th Street improvements, including paving, curb and gutter, sidewalk,
sanitary sewer, storm sewer, and street lighting.
, ';;> Q Prior to approval of the Final Plat, the applicant shall execute and record a deed restriction against Parcels I
'I::;;J and 2 for future paving of the cul-de.sac bulb. The deed restriction shall require the parcel owners and their
successors to contribute a 45% share of lhe total paving cost for the cul.de.sac bulb when the adjacent
property (Tax Lot 503) is developed. '
'7 (1) Prior to appro~al of the Final Plat, the applicant shall execute and record a deed restriction against Parcels I
~ and 2 for future curb and gutter improvements along the property frontages. The deed restriction shall
require the parcel owners and their successors to install curb and gutter along the cul.de-sac bulb frontage
when the adjacent property (Tax Lot 503) is developed.
-;;'1-, 4.
Prior to approval of the Final Plat, the applicant shall obtain any necessary permits and install suitable all-
weather (gravel) surfacing to the 20th Street cul.de.sac bulb. The gravel surface shall be compacted and
capable of supporting an 80,000 lb. imposed load in accordance with Section 503.2.3 and Appendix 0102.1
of the Springfield Fire Code.
;\ 5. Prior to approval of the Final Plat, the applicant shall install two street ,trees on the Parcel I frontage as
generally depicted on the tentative plan.
""'^'" 6. Prior to approval of the Final Plat, the applicant shall provide written confirmation of on.site septic system
decommissioning from the Lane County Sanitarian. ' '
vV"'>\ 7.
Prior to approval of the Final Plat, the applicant shall provide a copy of the approved Site Evaluation from
the Lane County Sanitarian that confmns septic system viability on Parcell.
"""'.)\ 8.
Prior to approval of the Final Plat, the applicant shall submit a diagram illustrating the planned location of
the septic tanks, drain fields and reserve fields serving Parcels I and 2.
", c: \
't,
....~
:::'f'
9,. The Final Plat shall provide for dedication of a JO.foot wide public easement along the western boundary of
Parcel 2 as depicted on the applicant's tentative plan.
('!:<<Jj Prior to appr~val of the Final Plat, the applic~t shall prepare and submit a revised Stonnwater Management
- Plan that shows the 4.inch stonnwater drainage pipe serving Parcell relocated outside the lO.foot wide public
easement on Parcel 2. Alternatively, thc drainage pipe serving Parcel I may be connected directly to the
existing 36.inch public stonnwater pipe in Parcel 2, If a direct connection option is selected, the applicant
shall provide written confmnation from Lane County agreeing to a connection of the private stormwater pipe
to the public stormwater line. '
. s\
. 51
11. The Final Plat shall provide for dedication of a private easement across Parcel 2 for the be~efit of Parcel I.
The easement shall be sufficiently wide to ,contain the 4.inch stormwater drainage pipe and allow for
maintenance and replacement activities. The fmal configuration of the private easement shall be consistent
with the selected option for conveying runoff from Parcell across Parcel 2 to the public drainage system.,
(.\
12. Prior to approval of the Final Plat, the 4.inch stormwater drainage pipe serving Parcels I and 2 shall be
installed from the Parcel I building envelope to an approved connection point with the public stormwater
system.
16
\
;::./-
PRE.SUBMIlTAL REC'O
APR 2 0 2009
13. As depicted on the applicant's tentative partition plan, the Final Plat shall provide for dedication ora la-foot
wide utility easement along the southern and eastern boundaries of Parcell and the eastern boundary of Parcel
2. -__>1~/."_"
-""f';";'
',~ .
14. Prior ,to approval ~fthe Final Plat, the applicant shall install an operating public fire hydrant within the public
street frontage of 20th Street. The hydrant shall be constructed to City specifications and be located so as 'to
provide adequate protection for structures on Parcels I and 2.
~ 6\
\
;;:1- 15. Prior to approval of the Final Plat, the ,applicant shall install "No Parking - Fire Lane" signage' around the
cul.de.sac bulb and along the Parcel 2 panhandle driveway in accordance with SFC requirements. .
, !:;I\ 16. The Final Plat shall provide for dedication ora ?foot wide PUE along the 20th Street frontage of Parcels I
and 2.
.
V\' 17. Prior to approval of the Final Plat, the applicant shall effect the release of the EWEB easements affecting
Parcel 2 and provide evidencethereOfto the City,
\
18. Prior to issuance of Final Occupancy for a dwelling on Parcell, at least two paved off.street parking spaces
shall be developed on the site.
s').. 19. Prior to approval of the Final Plat, the applicant shall have a sUlVey monument establishing the elevation
above mean sea level installed for each of Parcels I and 2.
s \ 20. The Final Plat map shall note the location of the sUlVey monuments on Parcels I and 2 and shall contain
flood elevation data as required by SDC 3.3.420.AA.d.
~\ @:rior to or concurrent with approval of the Final Plat, the applicant shall record a deed restriction or similar
mechanism against Parcels I and 2 advising the property owner and future successors of the flood elevation
data, including the calculated base flood elevation for the parcels.
f.,Z-' 22. Prior to issuance of a residential building permit for Parcell; the flood elevation information shall be provided
to confirm the dwelling is constructed with a fmished floor elevation at least one foot above the base flood
elevation.
\ f..t.. 23. Prior to issuance of occupancy for a dwelling on Parcel 2, the parihandle driveway shall be paved at least 65
feet into the site as measured from the south property line on 20th Street.
;;.,,'"
24. The applicant shall obtain Lane County permits as may be required to install new or modified driveways to
selVe the development site and to connect with public utilities in the street right-of.way. Wherever
necessary, the applicant shall provide evidence, of approved Lane County permits when requesting City
Building Permits for the development site. ~
25. The applicant shall provide' and maintain adequate vision clearance triangles at the comers of the site
driveways in accordance with SDC 4.2.130: .
.1
26. A maximum of one driveway will be permitted to selVe the future dwelling on Parcel' I. The driveway shall
be paved at least 18 feet into the site as measured from the 20th Street right.of-way.
Additinnal Infonnation: The application, all documents, and evidence relied upon by the applicant, and the
applicable criteria of approval are available for free inspection and copies are available for a fee at the
Development SelVices Department, 225 Fifth Street, Springfield, Oregon. '
Appeal: This Type II Tentative Partition decision is considered a decision of the Director and as such may be
appealed to the Planning Commission. The appeal may be f1led with the Development SelVices Department by
17
~
NN
,.- ""
~'
Om
o~
"'c
T
N89'57'49"W
151,84'
N90000'00"E
154,15'
o Condition 5
2 Street Trees
Condition 9.
10 foot public easement
on final plat
Condition 11.
4.0 foot private easement
on final plat
Coridition12,
Construct 4" pipe
Condition 13.
10 foot public easement
on final plat
Condition 14,
Fire Hydrant
Condition 15 ,
No"Parking - Fire Lane signs
Condition 16.
7 foot public easement
Condition 23.
65' feet paving
- "-
~
1~
~
~
~
~
0:
;;;0:, Are
~ ~ ;"'" ~
~"
~
~i-
;;s,
~O
0:
~
0:
0:
0:
0:
~9
~~g
~~.~.
0:~2 ::
."" co a...
-0..~<l:
0:~
~.D-
~
" >
~
~,- --, ~
I ~
I~ g ~
building footprint _ I ! ~
gl- ~.O' :", ~ ~
15.9' "" ~
I ~
I Co 0
J ~ ~~
56,6' " "
- - 30,0' 0
If' drive way. '" "'"
~o 40.0' I'~
- '~~~~~~~~\.o~~~~~~~~
- . ,
116.40'
N89057'49"W
174,62'
_ site approved
SP08.7120
05/05/2008
I-II
III
It I ~ II
~ ~ I 1 I I~
~~ i Ilbl
I 1;
A II
;r II
_J-L
N90000'OO"W
128,05'
Area
17205 Sq. Ft.
0.3950 Acres
~'-
'-00
N'
0'"
0'"
o~
z'
Point to Point Area
Boundary: Back Lot
Start
2005 50231.92401 49998.25962
IC To Cntr, PtS 0000'00" W
2004 radpt 50]85.9240] 49998.25955
Arc 59.37 Central Angle 73056'35"
Chord 55,33 Chord BearingS 53001'42" E
Radius 46,00 Bng from Cntr Pt N 73056'35" E
Tangent 34.63 ' Elevation Change
1010 50198.64731 50042.46495
IN N 0000'00" E 102.61
1026 50301.26002 50042.46495
IN N 90000'00" E 128.05
3036 50301.26002 50170,51603
]N N 0002'11" E 140.00
10079 50441.25999 50170.60471
IN N 89057'49" W 174.62
10081 5044 \.37060 49995.98475
IN N 89057'49" W 151.84
, 10080 50441.46679 49844,14574
IN S 0006'12" W 19,42 399,39
1003 50422,04365 49844.11070
IN N 90000'00" E 154. I 5 .399.39
1008 50422.04365 49998.25989
IN S 0000'00" W 190. 12
2005 50231.9240 I 49998,25962
PRE.SUBMITTAL REC'O
APR 2 0 2009
, .
Area = 30569,5256 Sq. Feet or 0.7018 Acres
Point to Point Area
Boundary: Front Lot
Start
1010 50198.64731 50042.46495 0,00
IN S 19006'00" E 35.34
1009 50165.24893 50054.03018 0.00
IN N 89054'01" E 116.40 399.67
1002 50165.45152 50170.43000 399,67
IN N 0002'11" E 135.81.399.67
3036 50301.26002 50170,51603 0.00
IN N 90000'00" W 128.05
1026 50301.26002 50042.46495 0.00
IN S 0000'00" E 102.61
1010 50198.64731 50042.46495 0.00
Area = 17205.5863 Sq. Feet or 0.3950 Acres
lANE COUNTY SURVEYORS OFFICE
BOUNDARY.SURVEY
'"
Helfrich Family Revocable Trust
C S FllENO l-t1').,11
rc-
RIVER
McKENZIE
"""GO>" '" Fe. ';q
-0' ';OP BI\NK
1 o fd.S/S"IRcsf#lS722
position held
- --
- - .-
--
Iocated;n
- - -
---
-:- - --
NORTHEAST 1/4 SECTION 24
TOWNSHIP 17 SOUTH
. RANGE 3 WEST, W.M.
---
- -2S:""TOP BM<l.K
fd',51S"IRcsf#33470 ('I
posillonheld./
-".
.
.
~
J.T. McLAUGHLIN
2428 RANCH DRIVE
SPRINGFIELD. OREGON 97477
(541) 729-4886
PRE.SUBMITTAl REC'O
APR 2 0 2009
~
~
N89"S7'49'W 326,46'
(wesI328,9deed)
~~,
- .
.
b )...~."
o
7:
~..
JANUARY 2009
East 154.15'
..~--'.~ no monumnet set
REFERENCE:
CSF'201e3
CSF'53470
CSF.le722
DEED2l)01.~1565
East 144:12'
1dWpipe
csf#20163
posltionhekl
fdy,"pipe
csf#20163
posilionheld
N6Bl3eJIVJ;;..Thepyrposeof,Ih.sSUNByislOmomenlenet>cUndaryta.<lolSOOu'
define(l,nlMl<:e/tilinW8rTantyOeed'8<XIf<led09J06!2001.1f1de> numWl00/.
oe2565,Tnlsl;UfVeywa. CCII11plaled ell:he r'UQO>$$lol (fleownerll Gayte aM Dean
Hennen, The wesl!>OUMarywa. ""tabli.hedbyhold,r>glnepo&/tlOnlloflhefouM
mo",,,..,,,,'" referenced in CSF#33470.and CSF8201t>3 TIle Nortl1l>C1lndary was
e.labIo,",edbyholdinglhe_CaIIol68246feetfrornll>elOpolb;ul~ofth8~ie
R".,._edbylt1efol.o1dmo"..""ef1lellheNECCII118,oflaxlol505.wI1ochbyreoon;li.
10'Sout1lcfltlelOpolbafll<,The5<>uthh,....on_E..l.wa.lo<::atedbyU$lf1{llhefouM
l..tialPoinlol1heSUbdI....ion.lndAO<!IOPh..ysPar1<.andonlheWest,lhelond
I'r'JO(MJmnetsrel<l'encedbyCSFM20163
"
~
~;
~~
N
N
~
"
~
~i
"'.
'2~
~2
Z~
~R
o
"
..
o
2.
. ~
~ N
; ~
N
U)b
~ 2
.
TMlOT .SOO
cont. 47775 sq.ft
o
m
<
o
~
(
"
N
're
<
o
o
,.
"
.
~
.
~
.ff
o
o
.
Della: 73"56'35"
Radius :46.00'
Arc: 59.37'
Chord:S53"01'42'E 5533'
,
,
I
.,
~I
m,
,
,
,
o
ld 518" IR
N6ithO,34
West 0,37
N89"54'01"E
116.40'
1dZ'imnptpe
INITIAL POINT of
2nd Add 10 Phyllis Park
Book 61 Page 18
Pos;liOl1hekl
I
<-~,
(S89"53"E)
(116.39')
(Lot 2 Bklck 3)
(2nd Add 10 Phyllis Park
(Book 61 Page 18)
(-~
fd5lS"IR
csf#20163
posilionheld
.
g
,
,
calculated palnl RJW Hayden Bndge Road
>-"-
,
...
JAAlESlM<lA!.GH.1I<
'IlCU~lN'<PSlINffOfl
IMPUSECC::UUllWl
2.23<WC~PI>I\II:
'\PIlI';(;A".o,OI1eGQN.1411
lAl."....886c..
~1.IJl>.QOlA""
,""'."'-"""'''''....
LEGEND
. . SET~" X 30" IRON ROOWICAP 112583
o FD MONUMENT AS REFERENCED
o CAlCULATED POSITION
1d5l8"IR
csf#33470
pos~ion held
g~
-<t
HAYDEN BRfDGE ROAD
Map 17..Q3-24 TaxlolSOO
'lOITER TYPE: HP3500CP DES1GNJET: INK: HPC1B92A; FILM: CONT1NENTAL~AR.JFC4M2
<
~r
./
\"
\\"
'~
;' Division of Chief Deputy Clerk
Lane County Deeds and Records
"
1~~1.~~1~~~ '
Aftei Recording Return To
First AmericanTitle
PO Box 10146
Eugene. OR 97440
11111111111 I 111111111111111 11111111111111111 III $41. 00
00941242200,0062565004004409/06/2007 03:29:04'PM
RPR-DEED Crit=l Stn=l CASHIER 05
$20.00 $11.00 $10.00
'1 ~MII"1
." (-
~~
-
~
:><<.:
TI
After recording return to:
Helfrich Family Revocable Living Trust
2587 North 19th Street
Springfield, OR 97477
Until a change is requested all tax .)..c.~"."...".....:
shall be sent to the folloWing address:
, Helfrich Family Revocable Living Trust
2587 North 19th Street
Springfield, OR 97477
File No.: 7191-1094379 (kas)
Date: September 04, 2007
STATUTORY WARRANTY DEED
Janet Lowell Michlanski, who acquired title as Janet McBee, Grantor, conveys and warrants to
Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the ,Helfrich Family Revocable living
Trust, Grantee, the following described real property free of liens and encumbrances, except as'
specifically seUorth herein: '
See Legal Description attached hereto as Exhibit A and by this reference incorporated herein.
Subject to:
1. The 2007/2008 Taxes, a lien not yet payable.
2. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $600,000.00. (Here comply with requirements of ORS 93.030)
J
Page 1 of 4
PRE.5UBMI]lAL REC'O '
APR 2 0 2009
..t--
~
APN:0197317
Stab.Jtory Warranty Deed
- continued
File No.: 7191,1094379 (kas)
Date: 09/04/2007
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON'TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOlJf THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
'ACQUIRING FEE illLE TO THE PROPERTY SHOULD CHECK WITH TH'E APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERI,FY APPROVED USES, TO DmRMINE ANY UMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACITCES AS DEFINED IN ORS 30~930 AND TO INQUIRE ABOlJf THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.
, .n4./Yl-d ~ /J?~
Janet Lemell Michlanski
STATE OF Oregon _ )
)ss.
County of Lane ) ~
This instrument was acknowledged before me on this Q.. ;Of
by Janet Lowell Michlanski.
0------, . ..--.-
. . - . ~--
'. OFFICIAL SEAL '
, KIM SPICER
\. .' NOTARY PU8L1C OREGON
.. " COMMISSION NO. 398849
M! ~~M~~~~!~P~RES OCT, 26.~ ~,
Page 2 of -4
, 20!!1
PRE.SUBMITTAL REC'O
APR 2 0 2009
.""
. ,
APN:0197317
Statutory Warranty Deed
- continued
,
File No,: 7191-1094379 (kas)
j:oate: 09/04/2007
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL 1:
,
J:
BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDmON
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE ,COUNTY, OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET 50UTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST
UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL
BONITA GARDENS, AS PLAITED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT
RECORDS, 335.00 FEET TO THE INmAL POINT OF FIRST ADDmON TO PHYLUS PARK, AS PLAITED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLUS PARK, NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WESTi:156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF
BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH
830 EAST ALONG 5AID RIVER, 331.40 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER
OF THE 'SECOND ADDmON TO PHYLUS PARK; THENCE NORTH 890 53' WEST 116.39 FEET; THENCE
SOUTH 65016' 27" WEST 61.3iFEET; THENCE,NORTH 89053' WEST 154.36 FEET TO THE POINT OF
BEGINNING IN LANE COUNTY, OREGON.
SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:
, A PARCEL OF LAND IN SECTION 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE ~ILLAMETTE
MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE
NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADomON OF PHYLUS PARK, AS
PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT
BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN, D. FISHER AS
RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO. 3122, DEED RECORDS OF'LANE COUNTY,
OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; [rHENCE SOUTH
890 53' EAST 154.36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53'
WEST 10.0 FEET; THENCE SOUTH 0007' WEST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE NORTH
890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON.
ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:
Page 30f 4
PRE.SUBMITTAL REC'O
, '
APR 2 0 2009
,.....
'" r,
APN: 0197317
Statutory Warranty Deed
- continued
"
FileNo.: 7191-1094379 (kaS)
Date: 09/04/2007
i
BEGINNING AT A POINT ON THE NORTHERLY PROJECT10N OF THE WEST UNE OF THIRD ADDmON
TO EL BONITA GARDENS, AS PLAlTED AND RECORDED IN BOOK S2, PAGE 26, LANE COUNlY OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81047' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNE~ OF THE F. SCOTI DONATION LAND CLAIM NO. 51
iN TOWNSHIP 17 SOUTH, RAN~E 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECT10N OF THE SAID WEST UNE, AND THE WEST
UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDmON TO EL
BONITA GARDENS, AS PLAlTED AND RECORDED IN BOOK 45, PAGE 9, LANE COU~ OREGON PLAT
RECORDS, 33S.00 FEET TO THE INITIAL POINT OF ARST ADDmON TO PHYLLIS PARK, AS PLAlTED
AND RECORDED IN BOOK S4, PAGE'14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLLIS PARK NORTH 890 53'],WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST :156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT; ,THENCE NORTH
960 FEET, MORE OR LESS;TO THE MCKENZIE RIVER AND THE TRUE POINT ,OF BEGINNING; THENCE
NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET; THENCE WEST 328.9
FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, IN LANE
COUNTY, OREGON. ' '
ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY
INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO. 77.05380, OFAClAL RECORDS OF LANE
COUNTY, OREGON. I
PARCEL 2:
'I,
. t
BEGINNING AT A POINT ON THE NORTHERLY PROJECT10N OF THE WEST LINE OF THIRD ADDmON
TO EL BONITA GARDENS, AS PLAlTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNlY OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE 'CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECT10N OF THE SAID WEST LINE AND THE WEST
UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDmON TO EL
BONITA GARDENS, AS PLAlTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNlY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF ARST ADDmON TO PHYLLIS PARK, AS PLAlTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID ARST ADDmON TO PHYLLIS PARK NORTH 890 53'I!WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60,70 FEET; THENCE NORTH 890 53' WEST:156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH
960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALo'NG SAID RIVER
331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174.62
FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER TO A
POINT NORTH 'oF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT
OF BEGINNING, IN LANE COUNlY, OREGON. l'
Page 4 of 4
PRE.SUBMITTAl REC'D
I; ..
APR 2 0 2009
Recorded at the request of and
After recording return to:
Dean Helfrich
2587 N. 19th Street
Springfield, OR 97477
Send Tax Statements To:
No change,
.
DECLARATION OF RESTRICTION
BE IT KNOWN, that Dean Helfrich and Gayle D: Helfrich Trustees of the Helfrich Family
Revocable Living Trust do hereby declare a restriction over the following describ~d property;
,SITUATED in the Northeast '/4 of Section 34, Township 17 South, Range 3 West:ofthe
Willamette'Meridian,
BEING all of Parcell and 2 of Land Partition Plat No. as
platted and recorded in Lane County Partition Plat Records, in Lane County, Oreogn
SAID RESTRICTION requires:
,
I. The owners of said parcels and, their successors to contribute a 45% share,:ofthe total
paving cost for the cul.de.sac bulb when the adjacent property (Tax Lot 503) is
I
develop~d, " '
2. The owners are required to install curb and gutter along the cul.de.sac frontage when the
adjacent property (Tax Lot 503) is developed.
,
3. The parcels are located within a flood zone as identified on FEMA map 41039C 1153
and subject to a calculated base flood elevation of 452,1 '
"
IN REFERENCE TO, City of Springfield Partition Approval Conditions File: 8U82008.00039;
Helfrich Family Trust I,
, .
IN WITNESS WHEREOF, Dean Helfrich and Gayle D, Helfrich Trustees ofthel'Helfrich
"
Family Revocable Living Trust have executed this deClaration of Restriction on this day
of ,2009 '
i:
:PRE.SUBMllTAl REC'O
11 " .
APR 2 0 2009
, Page 1 of 2 Declaration of Restriction
Dean Helfrich Trustee of the Helfrich Family Revocable Living Trust
STATE OF OREGON)
) ss,
County of Lane, )
On this _ day of , 2009, personally appeared the above. named D~an Helfrich
and Gayle D. Helfrich Trustees of the Helfrich Family Revocable Living Trust, before me and
acknowledged the foregoing instrument to be her voluntary act and deed,
Gayle D. Helfrich Trustee of the Helfrich Family Revocable Living Trust
STATE OF OREGON )
) s's.
County of Lane )
"
On this _ day of ,2009, personally appeared the above.named G~yle Trustee of
the Helfrich Family Revocable Living Trust Trust, before me and acknowledged the foregoing
instrument to be her voluntary act and deed,
BEFORE ME:
Notary Public for Oregon
My Commission Expires
PRE.SUBMITTAl REC'D
APR 2 0 2009
Page 2 of 2 Declaration of Restriction
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieuof Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate)
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter,
referred to as City, and Dean Helfrich and Gayle D, Helfrich Trustees of the Helfrich Family Revocable Living Trust
hereinafter referred to as Applicant(s), do covenant and agree with respect to the real
property described below as follows;
1. Applicant(s) warrants and represents to the City of Springfield that it is the owner of
the property more particularly described and set forth in Paragraph 7 below and, as
owner, has the authority to enter into this Improvement Agreement with the City of
Springfield.
2. Applicant(s) desires Development Approval from the City with respect to the following
Development Application Partition Case # SUB2008.0039
3. The development will cause both an immediate and long.term demand on the various'
public facilities of City and Lane County including the specific public improvements
necessitated by the development as set forth in paragraph 6.
4. This Improvement Agreement is an alternative to imposing a condition on Applicant's
development approval that the Applicant make immediate construction of any public
improvement that the development necessitates. The objective is to promote
efficiency, coordination, and spread costs by providing an opportunity,for a district
wide improvement mechanism where construction occurs in a coordin'ated project
with the participation of adjacent and other properties in the area, instead of requiring
immediate improvement in conjunction with each development application. There is
no guarantee, however, that such a coordinated project will be possiblei'and the City
reserves the right to require construction of the improvements in the future at City
discretion.
5. (a) Applicant and City agree that Applicant will pay the cost of the following public
facility improvements described in Paragraph 6 in accordance with respective cost
assumption policy established by City at the time the City determines to undertake
and complete such public improvements.
(b) Applicant and City acknowledge and agree that the cost of such improvements
and the portion thereof to be paid by Applicant are presently unknown and may be
greater than the costs that would be apportioned if the improve.ments, were
constructed immediately or by Applicant now or later.
(c) Applicant acknowledges that the timing of the construction of such improvements
is within the sole and exclusive direction of the City.
6. (a) STREET IMPROVEMENTS along the frontage of 20th Street
to include: 00 surface paving; 00 storm sewers; 00 sanitary sewers;
00 gutters; 0 planter strips; D street trees; 00 street lights;
00 curbs;
00 sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
(Bar Code Sticker)
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
1:\PW Forms and Applications\2007 August Improvement Agreement induding Notice of Potential Assessment Lien - Individual.doc
REVISED August, 2007
Page 1 of3
PRE.SUBMITTAL REC'O
'.
APR 2 0 2009
Applicant acknowledges that the list of marked improvements reflect. thos~ that would
currently be required under the appropriate City codes and ordinanc~s, Applicant
acknowledges that it understands that the improvements made will be thosy required to
bring the street to full urban standards for the then currentfunctional c1assifi,~ation of the
street as those standards exist at the time the improvements are maqe and may,
therefore, differ from the list of improvements checked herein.
7. LEGAL DESCRIPTION:
. SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA: Tax Map & Lot No.: 1'7.03.24.00, tax lot #500
Property Address: 2833 20th Street
8, City agrees' that Applicant's execution and performance of the t~rms of the
Agreement will be deemed to be in compliance with City's policy Rertaining to
improvement requiremen'ts, and if Applicant complies in every respect 0ith all other
applicable laws of the State of Oregon, Lane County, and City, Applic;:uit shall be
entitled to Development Approval, subject to the terms and conditions of approval set
forth therein.
9. This agreement is enforceable by the State of Oregon, Lane County or city.
10. APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS,
CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE
LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF
THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO
REMONSTRATE AGAINST SUCH IMPROVEMENTS. Applicant does nqt waive any
right to protest the amount or manner of spreadin9 the assessment thereof; if the same
shall appear to the Applicant to bear inequitably or unfair upon saidi! property of
Applicant. Applicant's acceptance of the non-remonstrance condition is in consideration
for the City's waiver of the requirement for the immediate construction of the public'
improvements that the development necessitates, This improvement agree'ment waives
the property owner's right to file a written remonstration. It does not wai~~ a property
owner's right to comment on the proposed district or any related matters orally or in
writin9.
11. It is the intention of the parties hereto that the covenants herein contained shall run
with the land herein described, and shall be binding upon the heirs, executors, assigns,
administrators, and successors of the parties hereto, and shall be construed to be a
benefit and a burden upon the property herein described. This Agreement shall be
recorded in the Lane County Deed Records.
NOTICE TO APPLICANT/PROSPECTIVE PURCHASER
If you are the applicant or a prospective purchaser of this property, you ar!, advised to
discuss this Agreement with an Attorney of your choice. Execution and recordation of
this'.rAgreement will place requirements on the Owner and any subsequent purchaser of
the Real Property described in Section 7 and their heirs, successors ~nd assigns.
These requirements include but are not limited to the payment for the public
improvements described in Section 6. This may result in an assessment lien on the
Real Property described' in Section 7 and significant costs to the "Owner and
Purchasers, and their heirs, successors and assigns. An Applicant's signa, ture on this
. '
Agreement indicates that the Applicant has thoroughly read this:, Agreement,
understands it, has had the opportunity to consult legal counsel prior to its execution,
and understands that execution of the Agreement may result in signific'ant financial
obligations imposed upon the Owner of the Real Property, Any prospectiJe Purchaser
of the property burdened by this Improvement Agreement should also thoro'Ughly review
this Agreement, consult with legal counsel prior to purchasing the property, and
understand that this Agreement may result in a significant financial obligation imposed
upon any Owner of the Real Property described in Section 7.
I:IPW F?rms and Applications\20Q7 Augusllmprovemenl Agreement Including Notice of Potential Assessment Lien - IndividuaLdoc
Page2of3
REVISED August, 2007
PRE~SUBMlrrAL REC'O
APR 2 0 2009
WHEREFORE, the parties have hereunto set their hand this
day of , 20L-.
SIGNATURE1S\;
PRINT NAME(S): Oean Helfrich Trustee
of the Helfrich Family Revocable Living Trust
Gayle 0, Helfrich Trustee
of the Helfrich Family Revocable Living Trust
STATE OF OREGON
COUNTY OF
} 55
BE IT REMEMBERED that on this day of , 29L before
me, the undersigned, a notary public in and, for said County and State;' personally
appeared the within named Dean Helfrich and Gayle D, Helfrich, Trustees of the Helfrich Family Revocable Living Trust
whose identity was proved to me on the basis of satisfactory evidence and who
executed the within instrument and acknowledged'tome that executed the
same freely. and voluntarily,
'IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed my official seal
the day and year last above written. '
Notary Public for Oregon
My Commission Expites
CITY OF SPRINGFIELD
'Rev'iewed and approved
By
Development Services Department, Planning Division
(No ~otary required)
i,
Accepted by
Dennis p, Ernst - City Surveyor
STATE OF OREGON
COUNTY OF '
} 55
I'
BE IT REMEMBERED that on this day bf , 200 before
me,'the undersigned, a notary public in and for said County and State:', personally
appeared the within named Dennis p, Ernst whose identity was proved ip me on the
,basis of satisfactory evidence' and who executed the within instrument and
acknowledged to me that he executed the same freely and voluntarily,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
Notary Public for Oregon
My,commission Expires
I;\PW Forms and Applications\2007 August ImprovemenlAgreement including Notice of Potential Assessment Lien -Individual.doc
P~ge 3013
REVISED August, 2007
PRE.SUBMITTAl REC'O '
APR 2 0 2009
EXHIBIT "A"
Beginning at the Initial point for the 2nd addition to Phyllis Parkas platted and
recorded in Book 61, Page 18, Lane County, Oregon Plat Records; thence along
'. I.
the Northern plat boundary of 2nd addition to Phyllis Park, North 89054'01" East
116.40 feet, to a point on the Eastern right-of-way line of 20th A~enue; thence,
leaving said plat boundary, aiong said right-of-way line, North 19006'00" West
. ~
35.34 feet; thence along the arc of a 46.00 foot radius curve to the left (the chord
of said curve bears North 53001'42" West 55.33 feet) a distance10f 59.37 feet;
, ' i
thence leaving said right~of-wayline North 190.12 feet; thence West 154.15 feet;
thence North 00006'12" East 19.42 feet; thence South 89057'49': East 326.46
,. ,
feet; thence South 00002'11" West 275.81 feet the Point of Beginning all in Lane
County, Oregon.
.
,
PRE.SUBMllTAL REC'O
APR 2 0 2009
.. - .~'-"'",
'ZL '{ - 'Zcc'i'-
Oil/1illion of Chief Depul'y"Clerk "^~n~.!,,n 12550
Lane County Deeds and Records L~~
1111111111111111111111111111111111111111111111111 )'$5\:00
010~8140_90012!5500020026 03/\2/2009 02:09:24 PM
RPR-DSCL Cnld Sln=6 CASHIER D7 I'
510.00 $20,00 511.00 510.00 ;:'
1,
Return to: .
SpringfieJ,! Utility Board
1001 Main Street
Springfield, OR 97477
DISCLAIMER OF INTEREST
.SPRINGRELD UTlUTY BOARD
d
<.>
g
'~
KNOW ALL MEN BY THESE PRESENTS, that the Ciiy of Springfield, a municipal corporation of L~ne County,
State of Oregon, by and through the Springfield Utility Board, does hereby release, relinquish}and disclaim
any.int~rest'in an electric easement grant on real property described as follows: J
Exhibit A
Recorded as Instrument No. 3122,' Reel 5898 on 16 December 1973 Easement #7357222; Signed by
Ann D. Fisher; and '
Exhibit B
Recorded as Instrument No. 3122, Reel 589 on 4 June 1975 Easement #7522936; Signed by
Ann D. Fisher and . . :'
Exhibit C
Recorded as in Book 178; Page 158, Easement #23293 on August 3, 1933 by Francis zi61kowski
,
""
w
w
'"
,'"
,0:
:~
"I"
:z
g;;
~
, "
THIS DiSCLAIMER is executed for the purpose of releasing any interest which the City of Springfield, by and
through the Springfield Utility Board; might have acquired by virtue of this easement set forth in the above
" '
recorded easements recorded at lane County Oregon Deed.Records, in lane County, said instrument being a
public electric utility easement from Ann D. Fishpr and Francis Ziolkowski to the City of Springfield, by and
through the Springfield Utility Board,
IN WITNESS WHEREOF, the City of Springfield, acting by and through the Springfield Utility Bd~rd, has caused
this instrument to be signed, executed, acknowledged, and delivered in its name, stead and b'ehalf by
Virginia lauritsen, its Chair, thereunto duly authorized, arid its corporate seal to be hereunto ~ffixed, and said
execution and seal to be attested by Robert C. Linahan, its,Secretary, also thereunto duly authorized, all on
this 1L... day of M 0 ~c. r. ,2009. 1:
I'
The City of Springfield, A Municipal Corporation,in lane County, Oregon, .
Acting by and through the Springfield Utility Board !.:
BY~/-~J .~'~.z~l
~~~~;~n
Springfield Utility 80ard Chair
IN WITI'j,ESS WHEREOF, the undersigned has set their hand and seal this (fIlL, day of
"J1f~ 2009. , ~.o Jl /J,,;J ,,/
'.~,~~. I'
Ro ert C. linahan ..' j~
Springfield Utlllt~ Boar.d Secretary / General Manager 1:'
I~ r' : ,
8E IT REMEMBERED, that on the I ,day of $",-""",,- ,2009, before me, the undersigned, '
a Notary Public in and for said County and State, personally appeared the within named "
VIRGINIA LAURITSEN AND ROBERT C. L1NAHAN, known to me to be the identical individual(s) described in
and who executed the within instrument and acknowledged to me that he/she/they executed the same freely
and voluntarily. . I
IN TESTIMONY WHEREDF, I have here~nto set m and and a fixed my official seal the day and year last
written above. '
~
"-"-
Notary pUbli>J>r6regon % /;
My commission expires: G; S"7- 01 7__
I I
0'''',... .. ."il:iAUi~.'-""'-1
. ~JCOI
_FtlIlUC-lJlBllI/
" _NO.4293S5
.1lI_'!Xi'IlIll.lllil'1lC11
;' pRE.SUBMIITAL REC'O
APR 2 0 2009
c=
HELFRICHFA.MU.Y REVOCABLE LIVING TRUST
LAND OMslo:tf.TENTAnVE~
","1~1!...lIlIl
Date Received:
S1'MN":~ AUG 2 7 2008
---- ~f1~W~~X~~ Ori~in~j SUb~i~aL f) ,It .
~.......;'ft f f .t~~~"'" . 'I, i
#- , -- ,.~,,:,,":"r( 'i";~ ____+____~1
nQ1ffFY~ ,. ! ~=-"'l~~r--~~..I h';,;.'-~:\"""-.." I : i
."Kn8.- -'-'~'--~- ..~-_l J r I 1I]\~"'e':~~l1l!$!" H~ \. ___ .., ".. ; I j
I I Jece'" "'.' '-"",.~ , '
""'lil:!!.--V"!I .' / :I.i, '" , '''itf" I '"J!'{.- I f
I il....!'\Ut:Ilt.ulll.Y ....:=1 i'lr;- ." I I ~ ' , ~'J I
~"ot'.llllilI1'1'''GTWi! I ~I \. I.... \.. --..r-'l><"" '. ..1
' 1~~~~.u.m. ! tt I J!e ......""'1!<El'll /-"'-~--I-~-__ (
I ~At. ~,i\'''''''''''''''',! \ t . I I . -- , -- y'"'__ L_
......- xi {I --- --'t-- ---> 1
: ", f' 'I i." "~\1.1~ ';~~--T- -------~' \ ';
J ,~".'? ,.~~~L=:--."...,l_;k'_t_~~~S~-~-.:: .~:' "~-.~~~='f-_r;:c~4;r;-ji-
l.~.-:j..._-----.-~-..--.----.-,.----.-."'-l--,- ~~~./~:~~. \ ~ ,{/ ;~";-E~~::~ i
V' '-~ _,....... ...../ .-( '4ql~""" "
I ;' =:.... -- ,,/ l' ........11....., I -,u>o>- I
~ . ",,'I. = _._n // I "'~""'i ! ....-I
~~~;?1"-= ~ :~ I ~ !. / T"',~r.::~;- /,..- -. 1...__--'-,.----.1" ~
t'"'~~ I" / .1ff. ~ /" /: : i
" ""_'>_'. .._ _ _ ..,..-_..,_._,.,..".j_,i~,t I / /' /!/!....}
~~ . ~ /,,/' ~;:<~_.__~_____l_L~_..L,
.il;.L~..-:--"_.-n j -- \ !
Ip--"--= :;;;.---' I \
-~ i ._--~--~ ::.~~ I SIttOOORMAnON \
. . .' ~i;:::;;t::~:.=~~:.~- '~: ~
U ~ult_n~ ~~ ~.rt.nc
ij '====== ~~_mc ~All
_(;-:-. _10'~ m:ll:1.,,"'~I~ ~,
II .....II1;II:_
-_.....
1n-!ll,.<.Rr>Ul;l\rl...t1
,'.-:!J.W>,'*_
1'''''1''''''''''
UAC
~,
~
. ~1
,
I"
1.1
.... ~'!il
~ ;I~i~
" ill'j
i
--.-......~
!
j
j
-........
~.'I; q Ii
,U,
; . " .
..r } . l
! . ~, i
,~
, .. ..
.. --
!I
I,
~;: ,
,h.
_:~,-~;:
NEw lO:wlJJ( EASE/tIIfNT
ExHIBIT A
~ ;;xil/8IT '8 '
, , .xHlB,T 'c
)>
.-,;)
:;;0
toO
=
'"
=
=
tQ
;8
I'T'1
.
cn",~
c=
ex:>
s::
.;;::::1
>
r-
:;::c
I'T'1
o
o
NORTH
1"=40'
~
~.
S::
~
~
~
~
~
10,0 foot public utility easement / ~
~
~
~
~
~-
~
~
~
~
Condition #10
revision to stormwater
management plan
All stormwater facilities
will be constructed in
accordance with
Lane Co. Facility Permit
080301
~
~
~
~ "\. 10.0 foot public utility ea!
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~"""""" """""'t;;~ ,"". ."" "rem""'
existing building
under construction
---- 4.0 foot private
easement in favor of Parcel 1
for stormwater conveyance
4" private
storm
drain line
'b
~
~
.....
<.'l<.'l
?
1---1
I I
I I
I proposed I
I building footprint
I
I I
L___J
9
(J
LU O"l
a::::s
~;;;:
:2:tN
CCI 0:::
=C>..
en. <(
.
LU
~
~.....:,lilll"""- -
"l:l' ~...----
CIOI'" -----<< 3& '
.' '--1
I
~1 j
~. Ir
V 1i1~
C>~
}> ~ .r
'~,'~ ~.;!
Ji!;' r2 ,
- g 'J
'1''''Wf :U
I
A:~--'" :,;:~'712'1
~ %' ..; ;2:~g"
(l1 ~ \. '~'"".:..,: ,.; I
, ~ ~ ~~ I
1 \~ ~' ; '\~ ----'!!".:~----J
..l::L~ >t' ..
'- ....
::::..'~...
)~-
!( ~N J~~ 1.'1J; Y
,~::...
SANITATION AUTHORIZATION NOTICE
FOR SP087120
l'u..i.!>"bl)~: .\I'lllsnt:
_'\1'1'11"..;... !H.", lUI'IlV.!I~1Il
l'r"I"""....-.I.i.): AIIIlt WIVISlrnmSr[)IUI.,,,<-'I'\I~\;ll' Ill!.: IliIl
III
!;;J
J...."........." !IH2tJlltSTloPk
'\1'1>1;'./11: '""II""
WlItISJI'11
11l.111<!l.llf...MUrItE....II(.AlIIJ:II\iIMil11l...'
l~,lJ.\WI'IlIU) ~\I1N 1'/IlIS1
~1'IlI'l;l'lll.Jllll( SI'II.I'Kin1.1lllllC
'"~7M '11.471
,,,
I ~~
~z
P...,..",: '1..(I.I.~4 -)11-00'11.10
lh....."illh:
AUlhuri.nd:': Y
, y....
1\. ~.
,..,,,.Io.~. W'" f r:
'"''""''''''''''' _~UJ;S;; ,.....
In'l_l>nlllhlt.., 'Jool"n'71.IM
~f:( qj'
IDi
mgO!\r4!l"W
151&4'
...........
1!l415'
This document serves to meet the requirements of Conditions
of Approval( Partition Case # SUB2008-0039 ) 6, 7, AND 8.
The details are as follows:
Condition # 6
The exsiting on-site system was not decommissioned, it was
re.used .. see approval attached.
Condition # 7
Test holes are being dug and a Site Inspection report is
pending from Lane County for Parcel #1
Condition # 8
A drawing has been attached that provides a suitable design of
the septic system with a building foot print for Parcel 1
PRE.SUBMITTAL RECIO
APR 2 0 2009
----~.1
41
~f I'
:;.~ ;
..'
,
.
I.
"
,
I
I
,
I
'i
~"
c;1~
"'.
.
N8i'S7"9"'W
lUU
Ii
~ .
....1'......-:1
SPlJ6.rl20
""""'"
"'-
3OS69 Sq Fl
01018"""
1ol'l'_LcI-1103240000500
~
1211~'
r-' r--;;.-,
I II I
I i II lin
hi i II~ -,,,- ~It
~IJII" "1;:'-
~ I 111720~Fl
c, \ I II 03950_. I ~ ~
~.L_J L_'.!.!.._J
~ :tOO'
'G:~ d__-..y
~\~ ~a
_""'01'1'
11140'
~g
Il '
'!~
~;...
~~
'!-
.
1fC'D MAR 02 2009 SEW....GE DISPOS....L SITE EV....LU....TION SI# O~ 7~/L/
TRS.l1. \'1-o:>"-o:l'\--oo- 0-.5"00 Wrltt..,o"ect;ons E.."d o-r N ;;l.0+"-...... SJ1roh~.f"<2\~
~ ,.- Ad\r,c+ -\c ;l.R?... oN ;;to-1-'" o~ 0-\ Yo\c,,",,"\c..
Sl,bdivi5ioo_ ~ 81ock... ....::::::-_ Lot~ Watc.rSuppty RQi~bow Wo...te-r-
......&c.nt..No"'.4Add.....A,,-thO"'I H..H\"ic.'" 101"'/ Ho..yd...~ B.;",.)~ Je.d. Sp~,1> ......7'17.;;>0855
Owner's Nama ,\ Addru:s SAM t;= A- S A Rov i~ q, Cot 77 Phon.
5tructuresNowonPrOlf'rty AJn.....e PropM&dUMofPropa-tyS;h~l~ Fo........'.'r R"~~""
I here'-,y certify that the above natemmt'J ar& tru~ and occwote, and that I have. the 101l0"'lng kgollntO"CSf In the property ~D*\II'" of record;
_(;ontr<lct p....c~:u; --P01mtKiI buyer _"eoltor <<' ogt:nt. I hrthv catlfy that Of not the. owner) I om Qutl-lorlzcd to ad for the. ownt:r of
rc.cora and that '- id 0-' nCl' is O1llell" _ cnj ~ of tt,~ QCt1on.
Tat Hola..........7 ~Y.. _ _No . wi" cGII ....... 0"00dy
Signature a,~
7a;~
Date
;;LJ,;).(,/Oc;
. ,
--.......-......,..--...-......---....----......OFFICE use ONLY BELOW THIS UNE**.......-.-------.....--**--..
THE IlEf-ORT LS NOT A "6lMIT FOIl sewA&!; svsrao :lNSTAlI.ATION
Tho: or,',' .Jucribe.d on thc.crttoched plot pbldatt-d =1' .'ltif l{' /~ _i.
5~'
'Y"'"
., (rJT.='. . 7:?a-1:tpJ.E_~~--uL
~ ;;~ 7 (ZRA-'~ ~'Pti/
* IJ J(.( ( rl€:K(JuU ~lJ("'/r<.:cx.r;r- tf1'Q:oK 7f7 flU> .Vk-<-
NOTE: If this "~po,.t approves (I sand flita- or pressurized distribution system: then detolled constructlon design plans will be l"'equl~ with the
JnrtonotloJft pc,"",tt appIK:Gtion.
/f f,7,FMCJtp
for .
....dditilWWl CO,"",!1lCl'lt.
W~: Th~ ~t& ~ ,wtion o. tl technical r<" ')Cf"f to dcti&f"INnl If on--,tt
aynam will tUJCilon pt'opuly. It dodn', approve the proposed UN of the pcrc.cl.
Ill(s 54h: Ewaluotlon may be corwerted to a constructlon penN' only if the parcel &:
""\u' \Md .... regulatklnr In effr.ct at the time crt appllcctkn YOU ARE l.JRf:.Et)
'0 CONTACT YOUR LOCAL PlA~ OFFICE FOR. LAP\C USE REVIEW.
1'HI5 IS A PRE\...IMINARY REPoRT WHICH OOEsN"T
ENSURE me ISSuANCE Of' A F1Jl\JRE 8VIU>ING
PERMIT, Am PLANS OR. EJCP&.I)rrtJCU:S MADE IN
REUANCE UPON REPOR AT YOllR OWN IlISK.
IF SITE IS APPROVED EE EV8>SE SIDE
5( t 2'(0 f?
Dot.
I
DEQ Authol"'izc.d Agent
L.--. Courrty L.-d Mcu~ ...t. lZ!5 Ecoat 8ft A~. Eupene OR 97401 &41-682-37&4
'J'
~ ~
II
NAI)"n"""
'''''.801
;,;&}
I~,I
I Ut'\dE'.,-
C+'Oh
"'O'fI(ll'O..-.d
Sf"06.1120
(i~:ar,of""'"
~'.. . ':.:;; 11'\'.).\.1.
\i.~';.:.J""El>
^ lO'O....i';1 ",<l"'!,ffr"
prior '0 1~.. -' - l.) .
~~:',.,,::!.~;;
.__ s;;.~. ...', ......"""..
''-5.r".:O'cf:,:,o?OI r
Alo We..1 \ S
W'-~iv.. '?>OO'
.
~I~
~ -
A"",
;jOMflSCI.Ft.
O.7018Acr&ll
t'~
Il~
~-
M.:l.f'_LoI.'
... -....'.,
PRE.SUBMITTAL REC'O
APR 2 0 2009
m.lJ~
r- '( r -.....--,
,II I
g'l I, lill)
~ ~ I I,. """,,""M"'~ ) f -r-.... Test
" I I < ;;;~ - k' H:o Ie:
ArA; J,.. -
I I, 1720S';;'Ft I ~;
I I 0,3""" ""- ) . 2
, I ~ ~ If-
"JL _J L _'U. _.J -In
~l ~way ~
'\\ 40.0'
ju.
;)O~
---!. ';;e"."4lJ
ORIGINAL
Lane County Department of Public V
:s
JUL 16 100B
Facility Permit
Permit 080301
{, :<) !~)'.', \ (OJ W;i-j>rainage
\', ,l( ) r..'.j 'o,"/' ,
~,/~/ II
- .,{ IJ .
DATE RECEIVED
Applicaton Date 06/05/2008
Issued 07/11/2008
Field Inspection 07/08/2008
Permit Expires on 07/11/2009
.Completed
Please cal! lane County Department of Public Works to arrange for an. Inspection when permitted activity is completed.
Location: Township Range Section 1/4 Section 1/16 Section Taxlot
Issued by Petsch, John
Inspected by Petsch, John
Permitted activity must be completed prior to this expiration date.
Zone 1 Eugene
Road 20TH ST Road No. 177300 Milepost 0.37
, 17
03
24
,0 '
0,
00500
Applicant's,Description of Work: STORMWATER,pIPES COLLECTING ROOF RUNOFF WILL 'BE DIRECTED INTO AN
EXISTING, DITCH" THIS WORK DOES NOTO(CUR WITHIN THE ROW, BUT DOES AFFECT AN EXiSTiNG DRAINAGE
CURRENTLY UNDER COUNTY JURISDICTION.
, Applicant
Address
EGR & ASSOCIATES
2535 PRAIRIE RD, SUITE B
Day Phone 541.688.8322
Eve Phone
Cell Phone
Fax 541.688.8087
email
EUGENE, OR 97402
Owner
Address
HELFRICH FAMILY REVOCABLE LIVING TRUST
Day Phone 541.729-4886
2857 N. 19TH ST
Eve Phone
Cell Phone
Fax
emall
SPRINGFIELD, OR 97477
Comments: Lane County is unable to determine whether It has jurisdiction over the drainage the applicant has applied to drain into. If
a drainage easement exists, the applicant must provide it, and then would be allowed to drain the additional roof drainage Into the ditch
with the requirement that no piping would be allowed within 3 feet of the ditch embankment. Call Permits at 682.6902 when the work
has been completed for inspection or for any questions.
PRE.SUBMIlTAL REC'O
APR 2 0 2009
(,;_:~'!!,r~
Lane County Dept, of Public Works, 3040 N, Delta Hwy., Eugene, OR 97408'1696, Attn: 'Permits Clerk
Tel. 541,682,6902 Fax. 541.682.8500 Hearing Impaired: 541.682-3995
Rev 12/09/04 Page 1 of 3 07/14/2008
!
Lane County Department of Public \A ,{S
Permit 080301
Facility Permit
Type Drainage
Permit SpeCifications
A. This permit covers County road rights-oF-way ONLY. The Applicant/Contractor shall k~ep one complete set of issued
permit on"the project site during construction. Permit placard, shall be visible from the road until the permitted activity has'
been completed.
B, HOLD HARMLESS CLAUSE - The Permittee agrees that their performance under this permit is 'at their own sole risk and
that they shall indemnify Lane County, its agents and empioyees, and hold them ha'rmless from any and all liability for
damages, costs, losses and expenses resulting from, arising out of, or in anyway connected with ,this permit, or from the
Permittee's failure to perform fully hereunder, and the Permittee further agrees to defend Lane County, its agents and
employees, against all suits, actions or proceedings brought by any third party against them for ~hich the Permittee would
be liable hereunder,
C, Permits may be terminated or suspended when the Permittee is found to have obtained a permit through
misrepresentation of the facts or when, in the judgment of the Director of Public Works, terms of the permit are being
violated or pUblic safety is threatened', Access permits sha1l' remain in effect until""a chah"ge' in " lai-ld "use occur_s;" The Cou-ntY'
reserves the right to "revoke" or cancel the Permittee's permission to use the public rjght~of~way"at any time, Permittee
shall be responsible for the cost of design, installation or construction of additional roadway impr()vements and traffic
control.devices at any time in the future, when the traffic volum~s generated'by the use for whidithe access permit is
authorized necessitate such installation in the interest of public safety, ' ,
0, Separate permits may be required 'from federal, state or local agencies that have enacted regLllations,or ordinances
regarding protection of the environment and preservation of natural resources, The Permittee is ,solely responsible for
complying with said regulations or ordinances, if applicable. Issuance of this facility permit does not ensure that the
applicants' proposed actions comply with .the Federal ,Endangered Species Act, 16 U, S, C. 1531 et seq, (ESA), nor,release
the applicant from responsibilities or requirements under any other federal, state or local environ'mental statute, regulation
or permit. In the event of differences or conflicts between the conditions of this facility permit and any such laws, rules or
regulations, the more restrictive shall apply.
E, It is theresponsibHity of the Permittee to reestablish any survey monument moved, destroyed, etc., while working
within county right'of-way. Re.establishment of survey monuments must be done by an approved registered surveyor and
ail costs will be borne by the Permittee, ' ' "
F. Permittee guarantees all restorat!on work for a period of one year from the completion date.
G, Any sight posts, sign posts, or mailboxes that are removed will be repiaced immediately in like condition in the same
location and the area around them will be' restored to a like or better condition, ' ,
H. AI! other areas such as lawns, ditch bottoms, etc., shall be reshaped and restored to at leastoriginal condition, with
special attention,being given to drainage ways and culverts. Permittee will be responsible for" any mud, dirt, or debris from
the' roadway and" right-of~way"caus~d by this operation, leaving th.e roadway and area in a neat apd acceptable condition.
. I. Traffic control and safety procedures will adhere to Manual on Uniform Traffic Control Devices, ,2003 edition.
), Permittee is to notify Lane County, Public Works Department, Permit Section, 48 hours before beginning work under this
permit. (541)'682.6902, Prior approval for modifications to permit specifications is required,
K. Permittee is to notify Lane County, Public W"orks Depa'rtment, Per~its Section, for inspection of completed work prior to
the expiration date - (541),682,6902.
L, All excavation must comply with the provisions of ORS 757,541 to 757,571. Notify all utility companies before doing
any excavation (Call Oregon Utility Notification Center at 1.800.332.2344).
,M, Underground utility faCility operators, shall subscribe to the Oregon Utility Notification Center as described in ORS
757,557 (Call Oregon Utiiity Notification Center at 1.503 232-1987),
N. To secure approvals for private land use outside a road right.of.way, Applicant shall contact Lane County Land
Management Division at (541) 682-3807, or the City or agency having jurisdiction. PRE.SUBMITTAL REC'D
~ .' .
APR 2 0 2009
Lane County Dept. of Public Works, 3040 N, Delta Hwy" Eugene, OR 97408,1696, Attn:Permits Clerk
Tel, 541.682.6902 Fax, 541.682~8500 Hearing Impaired: 541.682-3995 '
Rev 12/09/04 Page 2 of 3 07/14/2008
f
'':'ane County Department of Public l1li .s
Facility Permit
Permit 080301
Type Drainage
Additional Requirements, specifications and provisions
A. Flagger required when equipment in roadway, one lane to remain' open to traffic at all times.
I '
B. Exercise care when crossing and working alongside roadway. No debris or mud is to remain on roadway. Keep
. roadway clear at all times'. .
C. Applicant is required to protect public roadway facilities at all time, (asphalt, shoulder rock, drainage structures,
etc), Any damage shall be reported immediately to County by calling 541-682.6902, Applicant may be responsible for
cost of repair:
PRE.SUBMITTAL REC'O
APR 2 0 2009
Lane County Dept. of Public Works, 3040 N, Delta Hwy" Eugene, OR 97408-1696, Attn: Permits Clerk
Tel. 541.682.6902 Fax, 541-682'8500 Hearing Impaired: 541.682-3995
Rev 12/09/04 Page 3 of 3 07/14/2008
Sfffilt.'FORMATKltJ
............ /''' ....::.~,----~u_---------T------
, ,
, ,
, ,
, ,
, ,
, ,
, ,
./-'""...----.--..... J
i................
,
,
:
: i
. : ~oc-.. :
/- -----.-}-- ""- ~ :
/' : --~~---_:
....__n.nn.L.n r-.'.--n------n.r---l ~
- .. ~~ O~
I 20TH STREET ,;;,"-' ~4'4(!;
1"" "'" GRAVEL ~ ~
- I '!,,<;}\
, J @
r---- -----------j------ - ---------- --1 ,
! I _~
" I ,
" I ,
II ________ I
I ", I
,__ I I
I ___ I I
, ./' I
1/ , '~
~ , ,
/ , ,
.--/ ~~: ~!:::.,. : 0
/// u"....o::."": .u~1OI~ :. ~
"....../ 1 __~:----~-
I __'" I CI
L-/ 1 '2
......, 'co
/ , '
/ , 'a'i
/ , ,
/, ,
. /' I 'P
......, '>-
: ::a
' ,
, ,
: ,..---:.--
, /'
, / ,
, / ,
, / ,
___'-_____L____________...h_,
,
PRE.SUBMITTAL REC'D
APR 2 0 2009
~ .. .
II '----
I
-h__
HELFRICH F AMIL Y REVOCABLE LIVING TRUST
TENTATIVE SITE PLAN
MAP11032400TL500
------r J
SPRINGFIELD OREGON
MAY2008
~---- --..-----0
I lct/'ol11!JlA1'
.'S
~:'
.~
-
,
=~,~"'tB~~reh- I I d -""0"" /
'RECF;YflON'152iJ6 /"\ ~l!l':""Ta1. -:~~~~~ (/
__...;;.' I / ',: "",::"",,~ //, ~ I,..
I / .......--/ '...... ~ I I'
, f I -- \ ~U1 '---.1 \
{ If- ..... Q5 " /'
f j! /..... VI ...../
I I .1 ~ ",,------PROI'OSEDGRAVROIlJV.l:.WAY
PROPOS~HfSE-""",,' \ /
~::-= '. ~ ( i", \ i '"" I \ /;~~~~7~n22
, A"', ':./f \" \
~~ "" v \ -- fPROPOSEDPR'VATEll /
---~~'iif~:, \ I I \,.\" -- \ KlJNTUSF....CCF.$S&tmLlTY
O. \ y;:___n___ -- ~ _~ '-- EhSE l.l
" ......, -~-- 'l"'1lt1
o \ '- \" --..~- --.;., ......--_-1
I ~ \ "", (
, ~-- ..... -- ~ ......... I
hXlSTlNf;nrrcfl ~ EXTRANSI'Qll~ .... _ :--_n____ _____-1,.- I
_ ___&;-____/ _ y'~ ::..\.::n~m_m::;:.:':::~.:.=-.~m -.~.::-n~=-.:::-~__;-:..
--:...-~~-------------"'=.-.:.-r---- -- ':: ~PROl'('~ED10 I'lUUC / /./ - - \.
Y RIP RAPTOSEPLACED I DRP,lN.\GEESMT /
AT1'ROI'OSEOOlJITAU. I
,
,
/
/
/
/
/
~=-
.
".
--
I
J
J
J
I
I
///
FP 08-0~l_'DtoJ~e ///'/
APPROVED//
l
/
/'
/
/
/
/
/
/
I
I
I
I
~--
...........;><400
" ,
,
'<
~~,
L[(lEN!)
w
""
-,lk," .m~
~,~
"""""",...,s,
~
-
~
~
~
.-"-
"""'~""'AS
=- .
~
................................
M.~_-:.._
.~
..,.
'}''\-)08~~'<f'//
/
///
/
/
~
/,
/ ,
/,/ :
/ ,
/ "
/ ,
/ ,
_____~L_________________.....____
--
--
--'
..
,
0
.t
~ II
~ "
d'
~ I
0
.
.
.,
;,
[! "
.. ..
[!YO
13
~
< j
~ ~
o ~
i:'
~
'"
"
z
o
o
~
o
"
"
"
o
z
~
.
. -
".N .."
Form No. 1402.06
ALTA Owner's Policy (6.17-06)
Policy Page 10
Policy Number: 1094379
" ""'('"
:Ac~
~~~
""'"
First American
First American Title Insurance
COmpany of Oregon
600 Country Oub Road
Eugene, OR 97401
Phn. (541)484.2900
Fax - (541)484-7321
September 26, 2007
Helfrich Family Revocable Living Trust
2S87 North 19th Street
Springfield, OR 97477
Order Number:
7191-1094379 (MGR)
Title Officer:
Phone:
Fax No.:
E-Mail:
Mike Rutherford
(541)484-2900
(541)485-7217
mgrutherford@firstam.com
Escrow Officer:
Phone:
Fax No.:
E~Mail:
Kim Spicer
(541)484'2900
(541)484-7321
kspicer@firstam.com
Property:
2833 20th Street
Springfield, Oregon 97477
We enclose the following:
Owner's Policy
Thank you for your confidence and support. We at First American Title Insurance Company of Oregon
maintain the fundamental principle:
Customer Arst!
PRE.SUBMITTAL REC'O
",
APR 2 0 2009
Rrst American Title Insurance Company of Oregon
Form No. 1402,06
ALTA Owner's Policy (6-17'06)
Policy Page 9
Policy Number: 1094379
ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:
BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITION
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81041' 15" WEST AND 959.01 FEET SOUTH 00
01' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND ClAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 0007' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST
LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL
BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLIS PARK, AS PLATTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 0007' EAST 300 FEET TO A POINT; THENCE NORTH
9~0 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BE<:iINNING; THENCE
NQRTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET; THENCE WEST 328.9
FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, IN LANE
COUNTY, OREGON.
ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY
INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO. 77-05380, OFFICIAL RECORDS OF LANE
COUNTY, OREGON.
PARCEL 2:
BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITION
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNTY OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81047' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION'LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 01' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST
LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL
BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLIS PARK, AS PLATTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH
960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER
331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174.62
FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER TO A
POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT
OF BEGINNING, IN LANE COUNTY, OREGON.
APN: 0197317 and 4132005 and 1517703
PRE.SUBM/JTAL RECIO
APR 2 0 2009
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6-17'06)
Policy Page B
Policy Number: 1094379
EXHIBIT "A"
File No.: 7191-1094379
Policy No.: 1094379
Real property in the City of Springfield, County of Lane, State of Oregon, described as follows:,
PARCEL 1:
BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITION
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LAN~ COUNTY, OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81047' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST
LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL
BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLIS PARK, AS PLATTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK, NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 81009' OS" WEST 60.70 FEET; THENCE NORTH 890 S3' WEST 156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF
BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH
830 EAST ALONG SAID RIVER, 331.40 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER
OF THE SECOND ADDITION TO PHYLLIS PARK; THENCE NORTH 890 53' WEST 116.39 FEET; THENCE
SOUTH 650 16' 27" WEST 61.37 FEET; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF
BEGINNING IN LANE COUNTY, OREGON.
SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:
A PARCEL OF LAND IN SECTION 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE
MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE
NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDITION OF PHYLLIS PARK, AS
PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT
BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D. FISHER AS
RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO. 3122, DEED RECORDS OF LANE COUNTY,
OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE SOUTH
890 53' EAST 154.36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53'
WEST 10.0 FEET; THENCE SOUTH 00 07' WEST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE NORTH
890 53' WEST IS4.36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON,
PRE.SUBMIUAL REC'O
APR 2 0 2009
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
Policy Page 7
Policy Number: 1094379
11. Easement, including terms and provisions contained therein:
Recording Information: September 01, 1933 in Book 178, Page 158, Deed Records of
Lane County, Oregon
In Favor of: City of Eugene, by and through the Eugene Water Board
For: right of way
12. Boundary Line Agreement, including the terms and provisions thereof, executed by Signe F.
Andersen, and Baxter Fisher and Ann Fisher, recorded July 27, 1956, Reception No. 90919, Deed
Records of Lane County, Oregon. (East Line)
13. Easement, including terms and provisions contained therein:
Recording Information: December 26, 1973, Reception No. 73-57222, Official Records of
Lane County, Oregon
In Favor of: City of Eugene, for the use and benefit of the Eugene Water &
Electric Board
For: right of way
14. Easement, including terms and provisions contained therein:
Recording Information: June 11, 1975, Reception No. 75.22936, Official Records of Lane
County, Oregon
In Favor of: City of Eugene, for the use and benefit of the Eugene Water &
Electric Board
For: right of way
15. Deed of Trust and the terms and conditions thereof.
Loan No.: undisclosed
Grantor/Trustor: Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich
Family Revocable Living Trust
Grantee/Beneficiary: Janet L. Michlanski
Trustee: First American Title
, Amount: $450,000.00
Dated: September 04, 2007
Recorded: September 06, 2007
Recording Information: 2007-062566
PRE.SUBMIITAL REC'O
APR 2 0 2009
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6,17.06)
Policy Page 6
Policy Number: 1094379
SCHEDULE B
File No.: 7191-1094379
Policy No.: 1094379
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a pUblic agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records,
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
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. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto' the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land,
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. Taxes for the fiscal year 2007-2008 a lien due, but not yet payable.
7. The assessment roll indicated a 2002 postponed farm tax. If the herein described property is
changed or modified to the extent that it can no longer be farmed, an additional tax of
$1,403.03 will become due and payable.
(Account No. 1517703)
8. Rights of the public and of governmental bodies in and to that portion of the premises herein
described lying below the mean high water mark of McKenzie River and the ownership of the
State of Oregon in that portion lying below the high water mark of McKenzie River.
9. Any adverse claim based upon the assertion that some portion of said land has been removed
from or brought within the boundaries thereof by an avulsive movement of the McKenzie River or
has been formed by the process of accretion or reliction or has been created by artificial means
or has accreted to such portion so created. '
10. The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads and highways.
PRE.SUBMITTAL REC'O
APR 2 0 2009
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's PoliCY (6,17,06)
Policy Page 5
Policy Number: 1094379
SCHEDULE A
First American Title Insurance Company of Oregon
Name and Address of Title Insurance Company:
First American Title Insurance Company of Oregon
600 Country Club Road
Eugene, OR 97401
File No.: 7191-1094379
Address Reference: 2833 20th Street, Springfield, OR 97477
Amount of Insurance: $600,000.00
Date of Policy: September 06, 2007 at 3:29 p.m,
Policy No.: 1094379
Premium: $1,500.00
L Name of Insured:
Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust
4. The Land referred to in this policy is described as follows:
See Exhibit "A" attached hereto and made a part hereof
PRE.SUBMITTAl RECIO
APR 20 2009
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6"17-06)
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those instruments
that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of
the American Land Trtle Association rRules"). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or controversies of other
persons. Arbitrable matters may include, but are not limited to, any controversy or
daim between the Company and the Insured arising out of or relating to this
policy, any .service in connection with its Issuance or the breach of a policy
provision, or to any other controversy or claim arising out of the transaction giving
rise to this policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the
Insured. All arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated onty when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. UABILIlY UMrrED TO THIS POUCY; POUCY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
Policy Page 4
Policy Number: 1094379
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of its' terms and provisions. Except as the
endorsement expressty states, it does not (i) modify any of the terms and
provisions of the policy, (ij) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABIUTY
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, butall other provisions shall remain in full
force and effect. '
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten
the risks covered by this policy and determined the premium charged
therefor in reliance upon the law affecting interests in real property and
applicable to the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the land is located to detennine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce the
terms of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal court
within the United states of America or its territories having appropriate
jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required-to be
given to the Company under this policy must be given to the Company at 1 First
American Way, Santa Ana, CA 92707, Attn: aaims Department.
POLICY OF TITLE INSURANCE
PRE.SUBMIUAl REC'O
APR 2 0 2009
First American TItle Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6-17'06)
Section 7 of these Conditions, at its own cost, to institute and prosecute
any action Qr proceeding or to do any Qther act that'in its QplniQn may be
necessary Qr desirable to establish the Title, as insured, or tQ prevent or
reduce IQSS Qr damage to the Insured. The CQmpany may take any
appropriate actiQn under the terms of this policy, whether Qr not it shall
be liable tQ the Insured. The exercise Qf these rights shall nQt be an
admissiQn Qf liability or waiver Qf any provision Qf this PQlicy. If the
CQmpany exercises its rights under this subsection, it must dQ so
diligently.
(c) Whenever the CQmpany brings an action or asserts a defense as required
Qr permitted by this policy, the Company may pursue the IitigatiQn tQ a
final determination by a court Qf cQmpetent jurisdiction, and it expressly
reserves the right, in its sole discretiQn, to appeal any adverse judgment
Qrorder. '
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this PQlicy permits or requires the Company to
prQsecute Qr prQvide fQr the defense of any action Qr proceeding and any
appeals, the Insured shall secure to the Company the right tQ so
prosecute or provide defense in the actiQn Qr proceeding, including the
right tQ use, at its optiQn, the name of the Insured for this purpQse.
Whenever requested by the CQmpany, the Insured, at the CQmpany's
expense, shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any Qtherlawful act that in
the opinion of the Company may be necessary or desirable to establish
the Title or any other matter as insured. If the Company is prejudiced by
the failure Qf the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company
and to produce for examination, inspection, and copying, at such
reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium
maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain to
the loss or damage. Further, jf requested by any authorized
representative of the Company, the Insured daimant shaH grant its
permission, in writing, for any authorized representative of the Company
to examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the IQSS Qr damage. All
information designated as COnfidential by the Insured Claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim.. Failure of the Insured Claimant to submit for
examination under oath, prQduce any reasonably requested information,
or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company
under this policy as to that claim.
7. 0P110NS TO PAY OR OTHERWISE SETTLE ClAIMS; TERMINATION
OF UABIUTY
In case of a daim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the Amount Qf Insurance under this policy
together with any costs, attorneys' fees, and expenses Incurred by the
Insured Claimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including
any liability or obligation. to defend, prosecute, or contJnue any litigation.
(b) To Payor otherwise Settle With Parties other Than the Insured or With
the. Insured Claimant.
(i) To payor otherwise settle with other parties for or in the name of an
Insured Claimant any claim insured against under this policy. In
addition, the Company will pay any costs, attorneys' fees, and
expenses incurred by the Insured Oaimant that were authorized by
the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) To payor otherwise Settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
Policy Page 3
Policy Number: 1094379
attorneys' fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and tf1at the
Company is obligated to pay.
Upon the exercise by the Company of either of the options prQvided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this poliCy.
(a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
(i) the Amount of Insurance; or <
(ii) the difference between the value of the Title as insured and the value
of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights u'nder Section 5 of these Conditions and
is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liabilitY under (a) and (b), the Company will
also pay those costs, attorneys' fees, and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
9. UMITATION OF UABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien;
or encumbrance, or cures the' lack of a right of access to or from the
land, or cures the claim of Unmarketable Title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage
caused to the Insured. .
(b) In the event of any litigation, inclliding litigation by the Company or with
the CQmpany's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals, adverse to the Title,
as insured. '
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
UABIUTY
All payments under this policy, except payments made for costs, attorneys'
fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment.
11. UABIUTY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays
under any policy insuring a Mortgage to which exception is taken in Schedule B or
to which the Insured has agreed, assumed, or taken subject,. or which is executed
by an Insured after Date of Policy and which is a charge or lien on the Title, and
the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETrLEMENT
(a) Whenever the Company shall have settled and paid a claim under this
policy, it shall. be subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and remedies in respect to the
c1aim"that the Insured. Claimant has against any person or property, to the
extent of the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, tfle Insured Claimant
shall execute documents to evidence the transfer to the Company of these
rights and remedies. The Insured, Claimant shall permit the Company to
sue, compromise, or settle in the' name of the Insured Claimant and to
use the name of the Insured Claimant in any transaction or litigation
invQlving these rights and remedies.
If a payment Qn account of a claim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Oaimant shall have recovered its loss.
PRE-SUBMIT,fAL REC'O
APR 2 0 2009
Rrst American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (1i-17.06)
EXCLUSIONS FROM.COVERAGE
The following matters are expressly excluded from the coverage of this policy, and
the Company wilt 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
(0 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 S,
(b) Any governmental pollee power. This Exclusion l(b) does not modify or
limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other. matters
(a) created, suffered, assumed, or agreed to by the Insured aaimanti
(b) not Known to the Company, not recorded in the Publlc Records at Date of
Policy, but Known to the Insured daimant and n,ot disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured
daimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured daimant;
(d) attaching or created subsequent to Date of Policy (however, this does not
modify or limit the coverage provided under Covered Risks 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the
Insured Claimant had paid value.for the Title,
4. Any claim, by reason 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. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
CONomONS
1. OEFINmON OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be
increased or decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or
other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of tI1e Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or. other equity interests
of the grantee are wholly-.owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the
named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person
or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created
by a written instrument established by the Insured named
in Schedule A for estate planning purposes.
Policy Page 2
Policy Number: 1094379
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge
or notice tI1at may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive notice of matters
affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements that
by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any
right, title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or
limit the extent that a right of access to and from the Land is insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or otl1er security
instrument, including one evidenced by electronic means authorized by
law.
(i) "Public Records": Records established under state statutes at Date of
Policy for the purpose of impartin~f:constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), "Public Records" shall also include
environmental protection liens filed in the records of the clerk of the
United States District Court for the district where the Land is located,
G) "TItle": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged,or apparent matter that
would permit a prospective purch3ser or lessee of the Title or lender on
the Title to be released from the obligation to purchase, lease, or lend if
there is a contractual condition requiring the delivery of marketable title.
2. CONnNUAnON OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an Insured, but only so long as the Insured retains an estate or interest in the
Land, or holds. an obligation secured by a purchase money.Mortgage given by a
purchaser from the Insured, or only so long as the Insured shall have liability by
reason of warranties In any transfer or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the Insured of either (i) an estate
or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED ClAIMANT
The Insured shall notify the Company. promptly in writing (I) in case of any
litigation as set forth in Section 5(a) of these Conditions, (iI) in case Knowledge
shall come to an Insured hereunder of any claim of title or interest that is adverse
to the Title, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by the failure of the
Insured daimant to provide prompt notice, the Company's liability to the Insured
d~im2mt under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of payment that
the Insured Claimant furnish a.signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against by this policy that
constitutes the basis Qf loss or damage and shall state, to the extent'possible, the
basis of calculating the amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTlONS
(a) Upon written request by the Insur~d, and subject ~ the options contained
in Section 7 of these Conditions, the Company, at its own cOst and without
unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy. Ttie
Company shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent the
Insured as to those stated causeS of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any
fees, costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in
PRE.SUBMITTAL RECIO
APR 2 0 2009
Arst American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6.17.06)
1100302P050600
Policy No;: 7191.1094379
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
Any notice of daim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at the address shown in 5ection 18 of the Conditions.
COVERED RISKS
SUBJECT TD THE EXCLUSIONS FRDM COVERAGE, THE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDmONS, FIRST AMERICAN IDLE INSURANCE COMPANY, a
California corporation (the "Company") insures, as of Date of Policy
and; to the extent stated in Covered Risks 9 and 10, after Date of
Policy, against loss or damage, not exceeding the Amount of
Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered
Risk indudes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency,
incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a
transfer or conveyance;
(Ui) a document affecting Title not properly created,
executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a
document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or
otherwise invalid power of .attorney;
(vi) a document not property filed, recorded, or indexed in
the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the
Title by a governmental authority due or payable, but. unpaid.
(c) Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land. The tenn "encroachment" indudes encroachments of
existing improvements located on the Land onto adjoining
land, and encroadlments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable TItle.
4. No right of access to and from the land.
5. The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the land;
(b) the character, dimensions, or location of any improvement
erected on the land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the
Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to
in that notice.
6. An enforcement action based on the exercise of a governmental
police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded
in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the
exercise; describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is
binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being
defective
(a) as a result of the avoidance in whole or in part, or from a
court order providing an alternative remedy, of a transfer of
all or any part of the title to or any interest in the Land
occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar cred!tors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws
by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value
or ,to a judgment or lien creditor.
10. Any defect in or lien .or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records
subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that
vests TItle as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this policy, but
only to the extent provided in the Conditions.
Title Insurance Company of Oregon
dba FIRST AMERICAN TITlE INSURANCE COMPANY OF OREGON
,:-~".~~,,":'~~:;....!,~,.
~~ C. ....1., p~ ,~
- . . -y -'I
r' ~...,.,,~1.
f.: 11 l'
'.i<'~~'
t ' i '
'\ ...
~ ... ..'
",,"~ ......... ~Q:
"'~,\,,\_"~~......,.,.~...-
By:
Attest:
President
Secretary
PRE.SUBMIlJAL REC'O
APR 2 0 2009
225 Fifth Street
Springfield, Oregon 97477
541"726-3759 Phone
Job/Journal Number
PRE2009.00011
Payments:
TYIIC of Payment
Check
Check
Job/Journal Number
PRE2009.000 II
Payments:
Type of Payment
Check
Check
cRcceintl
RECEIPT #:
Description
UGS Partition Plat
Paid By
DEAN HELFRICH
DEAN HELFRICH
Description
UGS Partition Plat
Paid By
DEAN HELFRICH
DEAN HELFRICH
2200900000000000407
. 'ty of Springfield Official Receipt
uevelopment Services Department
Public Works Department
Date: 04/20/2009
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
emm
EMM
2195
2188
In Person
In Person
Payment Total:
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
emm
EMM
2195
2188
Pa,ge 1 of I
In Berson
In Rerson
Payment Total:
PRE.SUBMITTAL RECIO
APR 2.0 2009
IO:OI:53AM
Amount Due
520,00
$520,00
Amount PlIid
$174,00
$346,00
$520.00
Amount Due
520,00
$520,00
Amount Paid
$174,00'
$346,00
$520.00
4/20/2009
PARTITION PLAT
for
Helfrich Family Revocable Trust
. located in
NORTHEAST 1/4 SECTION 24
TOWNSHIP 17 SOUTH
RANGE 3 WEST, W.M.
. . by
J.T. McLAUGHLIN
2428 RANCH DRIVE
SPRINGFIELD, OREGON 97477
(541) 729-4886
Date:FEBUARY 2009
Reference:CSF# 41377 ,DEED2007 -062565
fIIARRA1JVE: The purpose of this survey is to partition the parcel as shown. The boundary of the parcel is based
on CSF# 41377. The interior. line was configured to meel the conditions of City of Springfield file SU8#200B-
0039,
$URVEYORS CFRTIFICATF,
STATE OF OREGON
COUNTY OF LANE
;;: 1
N N
f'J ;
"
'"
I, James T. Mclaughlin, a Registered Professional Land Surveyor in the State of Oregon do hereby
certify that I have correctly surveyed and marked with proper monuments the land hereon, the
certain tract of land conveyed to Dean Helfrich and Gayle D. Helrich co-trustees of the Helfrich
Family Revocable living Trust, by that certain deed recorded September 6th ?007, index number
2007-062565 Lane County Oregon dee~ records, and is more parlicu.larly described a.s follows:
Beginning at the Initial point forthe 2"" addition to Phyllis Park as platted and recorded in Book 61, Page
18, Lane County, Oregon Plat Records; thence along the Northern plat boundary of 2"" add!tion to Phyllis
Park, North 89Q54'01" East 116.40 feet. to a point on the Eastern right-of-waytineof20" Avenue; thence leaving
said plat boundary, along said right-of-way line, North 19006'00" West35.34 feet; thence along the arc of a46.00
foot radius curve to the left (the chord of said curve bears North 53001'42" West 55.33 feet) a distance of 59.37
feet; thence leaving said right-of-way Hne North 190.12 feet; thence West 154.15 feet; thence North 00006'12"
East 19.42 feet: thence South 89057'49" East 326.46 feet; thence South 00002'11" West 275.81 feet the Point of
Beginning all in lane County, Oregon. '
pECLARATION~ Know an men that Dean Helfrich and Gayle D. Helrich co-trustees of the Helfrich Family
Revocable living Trust, the oWf'!ers of the land described. hereon did cause the same to be platted as heron
shown according to the provisions of the Oregon Revised Statues Chapter 92 and hereby dedicate the public
and private easements as shown.
Qean Helfrich trustee of the Helfrich Family Revocable living Trust
Gayle D. Helrich trustee of the Helfrich Family Revocable Living Trust
ACknowledgement
State of Oregon
County of Lane
There appeared before me, a notary public in and for the said slate of Oregon and county of Lane the
hereon named Dean Helfrich and Gayle D. Helrich co-trustees of the Helfrich Family. Revocable Living Trust
Dean Helfrich and Gayle D. Helrich co-trustees of the Helfrich Family Revocable Living Trust, who executed
the declaration hereon shown, and acknowledged the same to be their voluntary act and deed. In witness
whereof, I have hereunto set my hand a~d affixed my seal
ACknowledged Before Me This _ Day Of. 2009
Notary Public for Oregon
My Commission Expires
JTMCL
LEGEND '
. SET 5/8" X 30. IRON ROD W/CAP #2583
o FD MONUMENT AS REFERENCED
PLANNING DIRECTOR
J.6MEST.M<lAUGHLlN
PROFESSlONAllANO SUI1VEYQR
l,,6M}USCCONSlAT.4NT
2~2!l RANCH ORNE
SPRINGFIELD. OREGON 97477
5A.l.729.~a!l6col
54'.736-095~ lax
j4ncI@comcosl.nel
o CAlCULATEO POSITION
LANE COUNTY SURVEYOR
lANE COUNTY ASSESSOR
Map 17-03-24 Taxlot 500
PLOTTER TYPE: HP3500CP OESIGNJET; INK HPC1892A; FILM: CONTINENTAl MYLAR-JPC4M2
LAND PARTITION PLAT NO.
0:'
o---t...l.,,~ ~~ 4.0 foot privale
j "'" ' easement in favor of Parcel 1
fd Y,"plpe ~ : for stormwate~ conveyance .
csf#41377 ~,
pOSition held :;: ,
?:::
no monument set ~ :
~,
, /~:
10.0foOlpublicutitityuasem,:nt'/ ~:
, N?:::
ci ?:::
'" ?:::
~ ~,
&l ~:7"7"7"77'1' Eas1128,05'
~ Set 5/8" x 30" Iron Rod
~ w/Cap#2583
:.; (C Elevation = 449.5' msl
?:: ~
fdS/8' IR 0
Delta: 73056'35" 'csf#41377 ~ €
Radius: 46.00' position held ~ ;\1
Arc: 59.37' '
Chord: S53001'42'E 55.33' _ .. .
~~.
............... ~
~.J>.6 '. . '&~
<?r() '2,' '", ~
~ l?.o..
~ ~ I'i'
, "
<).
fd5/B~ IR
csf# 41377
position held
East 154.15'
fd %"pipe East 144 12'
csf#41377
position held
fd5/8" IR -
csf# 41377
position held
Dale
Dale
Date
NB9Q57'49"W 326.46'
(west 32B.9deed)
~
N
f'
a
Z
"
" fd 2~ iron pipe
" INITIAL POINT of.
7.0 fool public utility easement :\:: 2nd Add to Phyllis Park
\:: Book 61 Page 18
~ " " ',,', ':, " """ ~~ "" "- "- '\) position held
N89054'01"E l
10.0footpub!iculilityeasement
116.40'
PARCH 2
ConI. 30569 sq.ft.
Sel 5/8" x 30' 'ron Rod
wi Cap #2583
Reference set _ East
PARCEL 'I
Cont. 17205 sq.ft.
fd 5/8" IR
csf#41377
North 0.34
West 0.37
fd5/8" IR
csf# 41377
position held
,?
~
?::
?:2 '\.10.0 foot public utility easement
"
a
ci
;!
~
N
a
"
Z
?::
1000' ~ ~ ~
~. ~
?:: ~
?:: ~
~
;;;
.,;
~
PRE.SUBMITTAL REC'D
APR 2 0 2009
PKe.WO"l- root \'
f'e.t."S<1A1"::> /Y1~ .
P~tion pr,.,k
~CH
LANE COUNTY SURVEYORS OFFICE
C. S. FILE NO
~ I
FlUNG DATE
RECORDED
DATE:
COUNTY CLERK
8Y:
.
---
REGISTERED 1
ROFESSIONAL
L D SURVEYOR
~
l OEGON J
J....N ....Il.YI91993
J ....MES TMcl....UGHUN
2583 .
EXPIRES 1213112010