HomeMy WebLinkAboutApplication APPLICANT 7/23/2010
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Major Variance
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Applicant Name:
Company:
Address:
Pete and Wendy Cobarrubia
Phone: 541-954-1202
Fax:
541-988-5954
35643 Camp Creek Rd., Springfield, OR., 97478
Applicant's Rep.:
Company:
Address:
Loran Waldron
Phone: 541-672-0393
Fax: 541-672-7170
Land And Water Environmental Services, Inc.
525 SE Main, Roseburg, OR 97470
Property Owner:
Company:
Pete and Wendy Cobarrubia
Phone: 541-954-1202
Fax:
541-988-5954
Address: 35643 Camp Creek Rd., Springfield, OR., 97478
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ASSESSOR'S MAP NO: T17SR2WS34QQ33 TAX LOT NO(S): 503
Property Address:
Size of Property:
Lot is on east side at the south end of 59th Street, Springfield, OR
0.24 Acres ~ Square Feet 0
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: Variance for impact to wetland and setbacks to build on lot. Narrative attached.
Existing Use: vacant
Signatures: Please sign and print your name and date in the appropriate box on the next page.
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Associated Applications:
Case No.: 2.ON 2-D \ 0 - 000 I
Application Fee: $ Co ~ *'1 . 00
TOTALFEES:$ ,(95/.4S
Date: 7 ~ 10
Signs:
Reviewed by: ~
Technical Fee: $ 3 n. 45.
Postage Fee: $ 38'5..00
PROJECT NUMBER:
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i Date Received:
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JUl 2 3 20tO
Original Submittal
Revised 1/1/08 Molly Markarian
I of 4
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Slgnall:llIli'es
Applicant:
Owner:
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The undersigned acknowledges that the Information In this application is correct and accurate.
Print
If the applicant Is not the Qwnerl the owner hereby grants permissIon for the applicant to act In his/her behalf.
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Signature
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Signature
Date:
Pete Cobarrubia
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Date:
Pete Cobarrubla
/Print
Revised 1/1/08 Molly Markarian
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Date Received:
JUL 2 3 2010
Original submittal
2 of 4
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. The decision issued is the final decision of the City but the Planning Commission's
decision may be appealed within 15 calendar days to the City Council, and the
Hearings Official's decision may be appealed within 21 calendar days to the Land
Use Board of Appeals.
Major Variance Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
o Submitted Concurrently with Site Plan Review or Land Division applications, where
applicable.
[8l Application Fee - refer to the Development Code Fee Schedule for the appropriate
fee calculation formula. A copy of the fee schedule is available at the Development
Services Department. The. applicable application, technology, and postage fees are
collected at the time of complete application submittal.
[8l Major Variance Application Form
[8l Copy of the Deed
[8l Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances.
[8l Narrative - explaining the proposal and any additional information that may have a
bearing in determining the action to be taken, including findings demonstrating compliance
with the Major Variance Criteria described in SDC 5.21-130.
NOTE: Before the Planning Commission or Hearings Official can approve a Major Variance
request, information submitted by the applicant must adequately support the request. All
of the Major Variance Criteria must be addressed by the applicant. Incomplete
applications, as well as insufficient or unclear data, will delay the application reyiew
process and may result in denial. In certain circumstances, it is advisable to hire a
professional planner or land use attorney to prepare the required findings.
~ Eighteen (18) Copies of a Plot Plan to include the following:
o If submitted concurrently with a Land Division or Site Plan Review application, eighteen
copies of the Land Division Tentative Plan or Site Plan sheet may be submitted in lieu
. of the plot plan as long as it meets the following requirements.
I8l Prepared by an Oregon licensed Surveyor if the major variance involves a setback
I8l The scale appropriate to the area involved and sufficient to show detail of the plan and
. rel'ated data, such as 1" = 30', 1" = 50' or 1" = 100', north arrow, and date of
preparation
~ The nature and extent of the major variance requested and relevant site features
Date Received:
JUL 2 3 20\0
Original Submittal
Revised 1/1/08 Molly Markarian
4 of 4
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Pete and Wendy Cobarrubia
Major Variance Application
~pril1b'fIy!g T~l\ :rcQ! # ?Q3
TI7S R2W S34 QQ33
Narrative
Pete and Wendy Cobarrubia purchased lot # 503 (Springfield Tax Map T] 7S R2W S34 QQ33) at
the south end of 59th Street with the intention of building affordable multifamily housing, as
allowed by the Medium Density Residential Zoning. (Attachment A: Vicinity Map)
Unfortunately, building on the lot has been complicated by the combination of the presence ofa
storm drain and wetland on the lot. A 36" storm drain runs across the northern end of the lot
from a point] 8' south of the NE comer to a point 40' south of the NW comer. This storm drain
and the 10' easement on each side eliminate most of the buildable upland (non-wetland) area of
the lot. A Locally Significant Wetland (LSW) covers 0.]6 acres of the 0.24 acre lot (Attachment
B: Development Plan, with Wetland). The presence of the storm drain was unknown at the time
the Cobarrubias purchased the property, and a preliminary review by Development Services
Staff had indicated that even with the LSW a duplex could be built with no site plan review.
The Cobarrubias have developed a series of plans over the months and sought advice from the
Development Services Department on several occasions. Previous plans included a fourplex, and
a large triplex. Both plans covered a larger area of the lot, impacting the majority of the wetland.
Working with Staff from Development Services, the plans have been revised and modified in an
effort to minimize the impact to the wetland. This final plan impacts only 0.008 acres of wetland.
The plan includes a smaller two story duplex and a two story single family house. The duplex
has been aligned with the storm drain easement at an angle on the lot to help reduce the wetland
impact. The single house is aligned with the property boundary and set back just 5 feet from the
line to minimize encroachment into the 20 foot storm drain easement. The positioning of the
structures in this plan.is the result of many compromises undertaken to minimize wetland
impacts and balance encroachments into the easements and setbacks established by the City.
Landscaping will include native plants and restoration of wetland species which are now sparse
on the tot. This plan represents the minimum level of development that would be cost effective
for the Cobarrubias to pursue on this lot. (Attachment C: Site Plan)
Lot #503 is the last lot on the east side of S. 59th Street where it dead ends at the foot of the hill
and is 0.24 acres in size. South 59th Street is only two blocks long in this location, running south
from Main Street: The only cross street between Main and the end of S. 59th is Aster. There are
two somewhat older single family homes on S. 59th, and all the other residences are multi family
dwellings. Most of the new construction on the street has been two story fourplexes and
duplexes. Where S. 59th meets Main Street there are businesses with parking lots including Real
Estate and Doctor's offices. The Cobarrubias hope to build residences that are aesthetically
pleasing and that fit the character of the neighborhood; residences that will attract people to rent
long term, whom will appreciate the quiet within the city uniquely provided by an end of the
Date Received:
JUt 2 3 20tO
Original Submittal
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Pete and Wendy Cobarrubia
Major Variance Application
Page 2
street residence, and the beauty of the preserved wetland on the southern half of the lot.
(Attachments D&E: Aerial Photographs, with approximate lot lines added)
Accomplishing this level of development will require a Development Setback Area Variance for
the side and rear yard and storm drain easement, as well as a Major Variance to allow minor
impacts to a Locally Significant Wetland.
A Development Setback Area Variance is allowed for in the Springfield Development Code,
Section 4.3-177 (J)(2) in the case of loss of use of the property, as follows:
a. If the application of the standards of this Section renders the property unbuildable,
a variance is allowed. The LSW requires a 25 foot buffer. The storm drain requires a 20
foot easement, 10 feet on each side. The back yard and side yard require 10 foot
setbacks. The front yard setback for garages is 18 feet measured along the driveway to
the edge of the sidewalk or the back of the curb. Applying these standards results in an
unencumbered portion of the lot that is a polygon approximately 16 feet by 40 feet by 5
feet.
b. The Cobarrubias have exhausted all other options available under mapping errors
and setback averaging. The Oregon Department of State Lands determined that the Local
Wetland Inventory mapping was correct as well as the classification of the wetlands on
this parcel as part of a larger LS W that extends off of the property to both the east and
west. DSL concurred with the wetland delineation that was submitted by Land And
Water Environmental Services and agreed with the placement of the wetland boundary as
shown on the wetland delineation map (Attachment F: Concurrence to Wetland
Delineation)
c. Although a very small portion of the wetland will be filled, there will be no
adverse impacts on water quality, erosion or slope stability. Construction will take place
in the dry season and Best Management Practices for erosion and sediment control will
be in place. The parcel is flat so slope stability is not an issue. The 0.008 acres of
wetland 'impacts will be mitigated for by the purchase of credits in a wetland mitigation
bank. .
d. The loss of native vegetative cover will be minimized by developing the north
portion of the lot. This portion of the lot has more non-native invasive weeds than the
southern portion, Any exposed'disturbed ground after construction will be seeded with
native vegetation.
Date Received:
JUL 2 3 2010
Original Submittal
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Pete and Wendy Cobarrubia
Major Variance Application
Page 3
A Major Variance is allowed for in the Springfield Development Code, Section 5.21.130 and
may be approved if certain criteria are satisfied, as follows:
A. An unusual condition exists on this lot such that if a Major Variance is not
approved this lot will not be buildable. That would deprive the Cobarrubias of rights
commonly enjoyed by other property owners similarly situated in the same zoning
district. Approving the Variance and allowing construction to take place will only impact
a very small portion of the LSW,
B. Approval of this Variance would not be inconsistent with the development
standards of the Springfield Development Code. It would allow development ofthis lot
to the standards generally applied to other lots in the neighborhood.
C. The Variance will have no significant adverse affects on other properties in the
vicinity. Placing a small amount offill in the wetland will not significantly alter the
winter surface flows and standing water issues that currently exist. During the September
3rd planning meeting with the Development Services Department, Clayton McEachern,
City Civil Engineer, discussed winter time standing water on 59th Street. He explained
that it was due to the storm drain not handling the water flow when there was no push and
that the drain needs to be corrected. He explained that the fill needed for this project
would not worsen the problem, but that flooding of the street would be a problem until
the drain is corrected. He also determined that a Geotechnical Engineer would need to be
consulted for this project, an elevated pad constructed, and vapor barriers to prevent mold
. and mildew would need to be included in the construction design.
D. The unusual condition described in A did not arise from a previous code violation
or as loss of profit or financial need.
E. The Variance being requested is the minimum necessary to alleviate the unusual
condition and allow the Cobarrubias to develop this lot. Previous site plans have been
developed that would have resulted in a Variance request for greater impacts, but the
Development Services Staff recommended that those impacts be reduced.
Of the two issues that complicate building on the 75' x 140' lot (a storm drain running across the
northern half of the parcel, and the southern portion being listed as LSW by the City) a variance
to the LSW is the constraint which can be mitigated for. There are 0.16 acres of wetland on the
lot. The main hydrological function of this wetland is water storage and delay. The plan the
Cobarrubias are proposing would impact 5% (0.008 acres) of the lot's wetland. The impact
would be to the northern most part of the wetland where very little of the water storage and delay
occurs. This portion of the wetland provides the least capacity for wetland func~f@R@~ived:
JUL 2 3 2010
Original Submittal
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Pete and Wendy Cobarrubia
Major Variance Application
Page 4
has the most disturbed vegetation, including weedy non-natives and is farthest from the Oregon
ash wooded wetland area, which extends off site to the south and west. The southern portion of
the lot, nearest the hill, where the majority of the water storage and delay occurs, will not be
disturbed.
The Oregon Department of State Lands has concurred with a delineation of the lot, which
identifies the boundaries of the wetland and characterizes the wetland on site as "Palustrine
Emergent, Seasonally Flooded/Saturated (PEME), Slope/Flats wetland with a wet meadow
vegetation community." This wetland type extends off-site to the east and west. PEME is a
common Willamette Valley wetland type. The site's Locally Significant status was applied by
grouping the site with the Palustrine Forested (PFO) wetlands located at the base of the hill at the
south end of the lot. PFO is a less typical wetland type than PEME wetland in the Willamette
Valley, especially in urban settings. The PFO extends off site in a band running east/west at the
base of the wooded hills south of the residential area. No PFO wetland would be affected by this
project, nor would the project cause a break in the overall hydrologic continuity of the wetland.
(See Attachment F: Concurrence to Wetland Delineation)
The natural pattern of winter surface water flows along the base ofthe hill to the south, toward
the southwest, basically where the ash trees are growing. The building plan would not interfere
with those winter surface water flows, or cause standing water on neighboring properties. The
main function and value of the wetland on this lot is storm water storage and delay, which would
not be degraded by building on the proposed location. Ninety-five per cent of the wetland on site
would remain to fulfill the normal hydrologic functions.
If a variance is granted by the City, the owners would apply for a Joint Removal-Fill Permit from
the Dept. of State Lands and the U.S. Army Corps of Engineers, which would allow the
placement offill in the wetland. To mitigate for the fill, the applicants would purchase credit at a
Wetland Mitigation Bank that serves the area, or the agencies may request some of the mitigation
to be improvements to the remaining wetlands at the southern end of the lot. Both the Amazon
Creek Mitigation Bank and the West Eugene Mitigation Bank are in this lot's service area.
The Development Plan map (Attachment B) shows the wetland boundaries, the storm drain line,
and the proposed dwellings. Impact to the wetland has been minimized to tlie point at which
further reduction would make the lot unusable. The Cobarrubias are seeking a major variance to
the setback easements and the Locally Significant Wetland building restriction to impact 0.008
acres of wetland to build affordable housing for our community.
Date Received:
JUL 2 3 2010
Original submittal
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ATTACHMENTS:
A Vicinity Map
B. Deve]opment Plan, with Wetland
C. Site Plan
D. Aeria] Photo, with approximate lot lines added
E. Aerial Photo, with approximate lot lines added
F. Concurrence to Wetland Delineation
G. Deed
H. Preliminary Title Report
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Date Received:
JUL 2 3 .2010
Original Submittal
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VICINTY MAP
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JUl 2 3 2010
DEVELOPMENT PLAN WITH WETLAND Original Submittal
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SITE PLAN
ATTACHMENT C
JUL 2 3 2010
Original Submittal
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ATTACHMENT E
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S 58th 51
Date ReceivJ
JUL 2 3 2010 I
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Original Submittal
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Theodore R. Kulongoski, Governor
Department of State Lands
775 Swmner StTeet NE, Suite 100
Salem, OR 97301-1279
(503) 986-5200
FAX (503) 378-4844
wvvw.oregonsta te lands. us.
April 24, 2009
State Land Board
. Pete and Wendy Cobarrubia
35643 Camp Creek Road
Springfield, OR 97478
Theodore R. Kulongoski
Governor
Kate Brown
Secretary of State
Re: Wetland Delineation Report for multi family housing proposed at
South 59th Street and Aster Street, Springfield, Lane County;
T 17S R 2W S 33 and S 34 TL 503; WD #09-0087
Ben Westlwld
Sta te TreasW'er
Dear Mr. and Mf;;~ Cobarrubia:
The Department of State Lands has reviewed the wetland delineation report prepared
by Land and Water Environmental Services, Inc. for the site referenced above. Based
upon the information presented in the report, we concur with the wetland boundaries as
mapped in Figure 6 of the report. Within the study area, one wetland (totaling
approximately 0.16 acres) was identified, The wetland is subject to the permit
requirements of the state Removal-Fill Law. A state permit is required for cumulative fill
or annual excavation of 50 cubic yards or more in the wetland,
This concurrence is for purposes of the state Removal-Filll_aw only, Federal or local
permit requirements may apply as well. The l-\rmY Corps of Engineers will review the
report and make a determination of jurisdiction for purposes of the Clean Water Act at
the time that a permit application is submitted. ,We recommend that you attach a copy
of this concurrence letter to both copies of any subsequent joint permit application to
speed application review,
Please be advised that state law establishes a preference for avoidance of wetland
impacts. Because measures to avoid and minimize wetland impacts may include
recollfiguring parcel layout and size or development design, we recommend that you
work with Department staff on appropriate site design before completing the city or
county land use,approval process,
This concurrence is based on inforrllation provided to the agency. The jurisdictional
determination is valid for five years from the date of this letter, unless new information
necessitates a revision, Circumstances under which the Department may change a
determination and p'rocedures for renewal of an expired determination al'e found in
OAR 141-090-0045 (available on our web site or upon request), The applicant,
landowner, or agent may submit a request for reconsideration of this determination in .
writing within 60 calendar days of the date of tllis letter. Date Received:
JUL 2 3 2010
CONCURRENCE
TO WETLAND DELINEATION
ATTACHMENT F
Original Submittal
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Thank you for having the site evaluated. Please phone me at 503-986-5321 if you have
any questions.
Sincerely,
=~
Wetland Specialist
Enclosures
Approved by C ~{
Jane C. Morlan, PWS
Wetla ds Program Manager
ec: Janet Levinson, Land and Water Environmental Services, Inc.
City of Springfield Planning Department
City of Springfield Public Works Department
Benny Dean, Corps of Engineers
Gloria Kiryuta, DSL
Date Received:
JUL 2 3 2010
Original submittal
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W E'iJAND DEL1NEA T 10lila. MAP
T 17 S, R 2 W, SECTION 2'!'
QQ 33, TAX LOT #503
SPRINGFIELD, LANE COUNTY, OREGON
DSL WD# 01 -oo~ r
Approvallssued 01-( - Zl.j - 01
Approval Expires OL\ - :z.q - Ii-
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STUDY AREA
BOUNDARY
DEVELOPED RESIDENTIAL
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PLOT 115
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PLOT "2
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NOTES.
DEVELOPED RESIDENT!AL
FILlED TO 4' HIGH
STORM
(DRNN
-------..:...
9 EXc;"\VATEO DITCH
~STORM WATER
MANHOLE
WETlANDS CONTINUE
OFF'SITE
Date Received:
STUDY AREA
BOUNDARY
JUL 2 3 2010
Original Submittal
STUDY AREA = 10.354 SOFT. = 0.24 ACRES.
"'ETLANDS AREA = 6.76B sa.FT. = 0.16 ACRES
"'ETLAND BOUNDARY AND PLOT LOCATIONS
MAPPED BY P.L.S. "'ETLAND BOUNDARY MARKED
BY LAND AND "'ATER ENVIRONMENTAL SERVICES.
INC. .
KJWSH AND ASSOCIATES
607 HY/Y 99 NORTH
EUGENE. OR 97402
PH (54\) 686-921'
fAX (~4,1) 484--9631
kondoq,willomeUe.net
LAND AND 1TATER
ENVIRONIlENTAL SERVICES. INC.
525 S.E. MAIN .
RDSEBURG. DR 97470
PH (541) 672-0393
FAX (541) 672-7170
officeOlondondwoler .biz
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'Dlvlsion of Chief Depuly Cleek
Lane County Deeds and Records
mmWIlIllI1WWWWJm1111WIIIIIII III
02/13/2009 01 '34'41 PM
CASHIER 07 "
2~~9.~~/o~J
$31.00
I RPR-DEED Cnl=1 Sln=S
l~~O' ~O $11. 00 $10,00
After recording return to:
First American Title
PO Box 10146
Eugene, OR 97440
Until a change is requested all tax statements
shall be sent to the following address:
Pete Cobarrubia and Wendy M.
Cobarrubia
35643 Camp Creek Road
Springfield, OR 97478
File No.: 7191-1353196 (DKM)
Date: February 10, 2009
STATUTORY WARRANTY DEED
Gary L. Crosby, Grantor, conveys and warrants to Pete Cobarrubia and Wendy M. Cobarrubia,
husband and wife, Grantee, the following described real property free of liens and encumbrances,
except as specifically set forth herein: .
LEGAL DESCRIPTION: Real property in the County of Lane, State of Oregon, described as follows:
LOT 12, REPLAT OF SEVILLE, AS PLATTED AND RECORDED IN I:ILE 73, SLIDE 172; LANE
COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.
i
I
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Subject to:
1. 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 forthis conveyance is $40,000.00. (Here comply with requirements of ORS 93.030)
I
Date Received:
Page ,1 of 2
JUL 2 3 2010
r
Original Submittal
DEED
ATTACHMENT G
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APN: 1203676
Statutory Warranty Deed
- continued
File No.: 7191-1353196 (DKM)
Date: 02/10/2009
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE IDLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-
336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DE5CRIBED IN THI5 INSTRUMENT IN VIOLATION OF APPUCABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE IDLE TO THE PROPERTY 5HOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLI5HED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRAcTICES AS DEFINED, IN ORS, .30.930 AND TO INQUIRE ABOUT THE RIGHTS 'OF '
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 19S.300, 195.301 AND 195.305 TO 19S-336
AND SECTIONS S TO 11, OF CHAPTER 424, OREGON LAWS 2007. ' '
Dated this 10th day of
February
, 20..QL.
~#.~/
Gary' L. Gras
STATE OF Oregon )
)55.
County of Lane )
This instrument was acknowledged before me on this ~ day of FebVt4 ~ ,20JJ1
by Gary L. Crosby. 1\ A ~" . )
LfGtUVJ ~ '
"
. OFFICIAL SEAL
, , DIAME MOl
\, 'j NOTARY PUBLIC-OREGON
", ,/ COMMISSION NO. A389336
MY COMMISSION EXPIRES APRIL 8, 20.0.9
Notary Public for Oregon
My commission expires: 4-'~' 0 1
Date Received:
Page 2 of 2
JUL 2 3 20tO
Original Submittal
ATTACHMENT G
page 2 Of 2
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First American
First American Title Insurance Company of Oregon
600 Country Club Road
Eugene, OR 97401
Phn - (541)484-2900
Fax - (S41}48<1-7321
FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT:
Nancy Merrill, Title Officer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: nmerrill@firstam.com
Land And Water Environmental Serv., Inc.
525 SE Main
Roseburg, OR 97470
Order No.: 7199-1573969
May 13, 2010
Attn: Loran Waldron
Phone No.: (541)672-0393 - Fax No.: (541)672-7170
Email: Iwaldron@landandwater.biz
Re:
Preliminary Title Report
2006 ALTA Owners Standard Coverage Liability $ Report Only Premium $ 200.00
2006 AL TA Owners Extended Coverage liability $ Premium $
2006 AL TA lenders Standard Coverage Liability $ Premium $
2006 AL TA lenders Extended Coverage Liability $ Premium $
Endorsement Premium $
Govt SelVice Charge Cost $
Other .Cost $
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
LOT 12, REPLAT OF SEVILLE, AS PLATTED .AND RECORDED IN FILE 73, SLIDE 172, LANE
COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.
and as of May 10, 2010 at 8:00 a.m., titie to the fee simple estate is vested in:
Pete Cobarrubia and Wendy M. Cobarrubia, as tenants by the entirety
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following: '.
1. Taxes or assessments which'are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or .by the public records.
Date Received:
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a JUL 2 j 2010
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
PRELIMINARY TITLE REPORT
ATTACHMENT H
Original Submittal
"
.
.
Preliminary Report
Order No.: 7199-1573969
Page 2 of 4
2, Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the iand 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, Discrepancies, confiicts in boundary lines, shortage in area, encroachments or other facts which a
correct survey would disclose,
5, Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records,
The exceptions to coverage 1-5 inclusive as set forth above will remain on any 'subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information:
A, Surveyor alternative acceptable to the company
B, Affidavit regarding possession .
C. Proof that there is no new construction or remodeling of any improvement located on
the premises. In the event of new construction or remodeling the following is
required:
i. Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required 1:>/ the Industry Rate Filing
approved by the Insurance Division of the State of Oregon
6. The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads and highways,
7. Notes, restrictions, easements and/or dedications shown on the recorded plat of the Replat of
Seville.
8. Easement, including terms and provisions contained therein:
Recording Information: May 14, 1979, Reception No. 79-27990
In Favor of: the City of Springfield
For: Construction, maintenance and use of a storm drainage facility
- END OF EXCEPTIONS -
NOTE: Taxes for the year 2009-2010 PAID IN FULL
Tax Amount: $768.33
Map No.: '17-02'34- 33-00503
Property ID: 1203676
Tax Code No.: 19-00
- Date Received:
JUL 2 3 2010
First American Title
Original Submittal
ATTACHMENT H paqe 2 Of 9
"
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.
Preliminary Report
Order No.: 7199-1573969
Page3of4
Situs Address as disclosed on Lane County Tax Roll:
Vacant Land, Springfield, OR
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
Date Received:
JUl 2 3 2010
First American Title
. .
Original Submittal
ATTACHMENT H page 3 of 9
"
.
.
Preliminary Report
Order No.: 7199-1573969
Page4of4
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First American Title Insurance Company of Oregon
The following matters are expressly excluded
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or gcwemmental regulation (including those relating to building and 2Oning) restricting, regulating, prohibiting, or
lelatingto
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision ofland;'or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit the coverilge provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no k)ss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
"
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal,bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or froudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Titie for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b).
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (06{17{06)
from the coverage of this policy, and the Company will not pay loss or darnage, costs,
attorneys' fees, or
2.
3.
ALTA OWNER'S POLICY (06{17{06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to .
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage, provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known 10 the Insured Claimant and not disclosed in writing to
the Company by the ll\sured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)' resulting in no loss or damage to the Insured Claimant; . _
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or
(e) resuiting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
'1. 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) 11 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.
SCHEDULE.oF STANDARD EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records or 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 of easement, not shown by the public records; reservations or exceptions in patents or in ACts authorizing Ule 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 titie
that would be disclosed by an accurate and complete land survey of the subject land.
S. Any lien" or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter
furnished, imposed by lar: and not shown by the public records.
NOTE: A SPECIMEN COPY OF THE POLlCY FORM (OR FORM5)WILL BE FURNISHED UPON REQUE5,T
D~te 'Received:
First American TItle
JUL 2 3 2010
Original Submittal
ATTAC,HMENT H page 4 of 9
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COMPANY OF OREGON TO ASS]ST]N
LOCA T]NG SAID PREMISES AND THE
COMPANY ASSUMES NO i.IABlLlTY FOR
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Date Received:
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THIS IIIOtl!TURE P.AUE and entered Into this 27tlial' of .~prll . 19 2!>.... by
Md bC'tllecn Dunne ^. ;':ni(~ht:1 f"
hereinafter referred to dS the "rdntors, and TilE CITY Of SP'RI!Ir.f1ELO. , rr.unlcfp,l corporation,
in Lone County, Oregon, herclndlter referred to dS U,e GrMt...
IIITIIESSErII: In conslderatlon of the acceptance by Grantee and the use of holding of said
casement for Present or (uture publ Ie use by l,r,lntee, nrantors, hereby 9"nt. bdr9,\ln, sell
and cenvey Ullto Ihe "r,lntee, a perpetu/ I edsec.ent 10 feet In lildth, tonether >If th the
rlsht to 90 upon sold edSement'"e" hereinafter deiCTftCd (or nurryose of ccinstruct1r.~, re.
constructinn, o;,'lntoinlng dIld u,ln~ a ~'nk-.I')' H.e, Horm droln,~e ("f1lty which IMY
hereafter Oe Installed on the (oll"0In9 des"lbed pl'operty, to-wit:
m:PIAT or Sf:VII.I.f:
f.ot 1~: n~'I~fnn{l1H nl :l r1dnt hl:1IIJ: Sc)ulh'KU' 01.1' t:n~t :\.00 f'cc~L Milf ~lllllJl ,<.r ai' jail Hunl.
JI.12 r~cl rruN lhu Ilnrlh\1'[,l\t t'l'rna" or I.ot I:!, m:rJ.AT OF" ~if;Vtr.I,}:, nn plnllC'd I1ml l'OCONlcd
ill Yilt' 7J, :1Jiut 17:~1 l.unl' CflUnt,\' Ol't'[lnn PIJll Hl'CU1'dl1i I.ht'IIL'I' /lodh 70' .15' P.i1!1'l. 05.68
rod.: lhtlJ<:r: :;outh 0" '01' :10" i\'ul1l '10.:l~ fueLI lhtncl.." ~r.uth ,('f .1r.' n'?iH 65.66 fC!t'tj thollce
/lorth cr 011 ;'lOll En:lt 10.~9 fl'l.t tll lI.e l'(lint fIr lItrginlllllp.1 in I,ll lit: Cmlllly, Orcp,l.ll.
LQt t3; 1I1'I:illllina Ilt II "'lint hrjllr, ~;(,ulh H!)"' .\,1' J:llr.l,. '1,00 [cd, nr.u ;'iOQth 0'" 011 JO'I Wl:l\l
7t1.:!~ reel. l'l'or./ I.llf! ::nrtlnw.")l. ('(llller- ur l.Ilt 13, IIt:J'I.^T OF ~~;VH."~:, fin plnUcd oml n:cordllQ
ill rlt~ i'J, :;ll(k' 17;~1 f,lllW LflunL,V Of,\'I:nn PlnL llr:cor.t1r.:'lht::nctl t101'Lh 7ff ~~tl Y.llnl 115,-1t1
r~dl fh::l\ct\ ~;:1IJth.w OIl j(J" Hl~lll IO,:-,!) f'r:l'ti 1l1l;:I1Cr: Stl\llh 70' .I~' h'COiil ~~.It-1 rt;cq thenco
U"rlh ff 01' :\0" t:llr.t Il).~,!} rtt'L lo Lht" 1'{lilll or IItRinl1il1n~ III l.1II1e. cOllllly, Orucnl1,
10 IIf.VE MID TO 1I0l0 lhe aoo\'~ e~se~enl to Ihe s~ld "r,1I1te". Its successors ,nd ,'ssI9ns
forever.
iii ADOITIO!/ TIICRtTO, the' G,!lf),rl du hcrr;uy ghe Mid ~I'dllt U'lto the City ofArlnrf1old. a
con~tructio!i e.}\cr:'J~nl or .. ._--.: fCf'l to \1l!!ttl ,1I0r19 qlH! J~lItlfn~1 Ulc -.-l~~.~.;.-..
sid:! l\nd Cor tile (1111 l~nlftll 01 thQ .)f()rf!!''{!ntl~fH~!.! ~I!:.I :.!::!:"crlht'o PCi'ji0tU;ir c6'-:V;cnt Tor tr,o
fHJTpv5t' or ~fvilj(l J \iOrk .;rC'l uurln:J tile C~llnructlon o( 1\ stam 1l1'~jIlJ~t' (Jcllit)' Jnd/or
Ho1tJ.ry 5C:Hcr Hfthffl the DcrnC'LL1111 CJHt!~I'It.
TO lWlf (,:/0 10 IfUlU ,.lld Ulllltl'unloll O.I\cr.'~lIt unto tho. S.I/II elt'! of Snrln.,fl"I'f ,"tl
!iUCcc~~or~ MHJ ~~~Jln:\c;, ~!lJrillq thl" (Ollstr'tlctlon of the 5tUn:\ i'lIlll/or SdIlILJI')' 5C'.~(:t'.
CGTiS triJet ion or the ~ torm dl',)lnllpr. flitll \ t)' Jlla/or s.ltll lary H'dl'I' Ill11l i t5 ')CCI:Pllll\C~
t/lo conllructlon e.'501:~lIt he~ln nJ"'e~ Ihall oceon'o volU.
to l t!:
Upon th~
ror use I
!II I1lTlI[~5 ~1!t:P.[0f I th" Sr,lntor: "ho','c r,~~cd I:J','c hereunto ~L\t ~hdr l~.;nt!~ .vid ~lltl~ thl;
~day of ~-'-'---o:"'-./ IQ~.
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. 5TME. Oy"". ~'ti.iJ1.I~.\irJ'y.r '..-':'~~__l ~S, . PcrsnM Ii' .JPJl~JI'ell thl.! ,1 OVl.;' 1l.\I'\!U Jf1U
ocl;no;r\I~~f,\~ ,~nr.~\'lf.i\,!\Jln'lru;Il'nt to oe hll1 ~OIUl:tJI'Y ,let alld dee~. /~oforo ~~:
Odled . /.c0,!, .21tf~ic. jI}! ,/..0., IQ.22...., ~_1I', _~~~
-r:", .1;1.-0-\., I'~ ~ IlotJI', PUblic fOr' O,'e/Jon
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J~L 2 3 2010
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