HomeMy WebLinkAboutPacket, DRC PLANNER 7/26/2010
CITY OF SPRINGFIELD - DE.PMENT REVIEW COMMITTEE
DI3TRIBUTION DATE July 26, 2010
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Current Planning Staff: G. Karp, J. Donovan, Liz Mille~ M. Metzge~ Lissa Davis,
L. Pauly, Tara Jones, Andy Limbird, Dave Reesor, St "to HopKins, Molly Markanan
*Matt Stouder, Engineering - Public Works Department
Brian Bamett, Traffic EngineerlPE, Public Works Department (agenda only 2/02)
* Jesse Jones. Transportation Planning Engineer, Public Works Department
*Gilbert Gordon, Deputy Fire Marshall, Fire & Life Safety Department
Melissa Fechtel, Fire Agenda only
*Ronni Price, Planner, Willamalane Park and Recreation District
*Tamara Johnson, Springfield Utility Board (Electric)
*Rebecca Templin, Water Engineering Supervisor - Springfield Utility Board (Water)
Jack Foster, Springfield Utility Board (Energy Conservation)
Amy Chinitz, Springfield Utility Board (Drinking Water)
Jim Henry, Central Lane Communications 911 (Subdivisions, Street name changes)
Dave White, U.S.P.S. (Growth Mgmt. Coordinator)
Dave Shore, Northwest Natural Gas (needs full packets for Partitions/Subdivisions)
*Celia Barry, Lane County Transportation
Thomas Jeffreys, Emerald People's Utility District (EPUD)
Lane County Land Management [Urban Transition Zone] .
George Ehlers, Lane County Sanitarian [Urban Transition Zone] (if applicable)
Tim Hanely, Rainbow Water District(* only if in the North Spfld area) (if applicable)
Ralph Johnston, Lane Regional Air Pollution Authority (if applicable)
Dale Ledyard, Operations Chief, McKenzie Fire District (if applicable)
Tom Henerty, Comcast Cable (if applicable)
Debbie Crampton, EWEB (electric) (* If in Glenwood)
Dick HelgesonlMel Damewood, EWEB (water) (*If in Glenwood)
Steve Moe, Glenwood Water District (*If in Glenwood)
Bill Grile - Development Services Director (agenda)
John Tamulonis, Economic & Community Development Manager
*Dave Puent, Building Official (agenda)
Lisa Hopper, Building Services Representative (agenda)
* Greg Ferschweiler, Keith Miyata, Brian Conlon, PW Dept.
*Craig Fitzgerald, Maintenance PW Dept .
George Walker, Environmental Works Dept., (agenda only)
Deanna Buckem, Engineering Assistant, Public Works Dept.
Police Chief, Jerry Smith, Police Department (agenda)
*Will Mueller, L TD
Norm Palmer, Quest Corporation (agenda
Planning & Development Manager, ODOT, State Highway Division (agenda)
Jeff DeFranco, Springfield School District (agenda)
William Lewis, Financial Services, Springfield School District ( agenda)
Susan Palmer, Reporter, Eugene Register-Guard (agenda) INCLUDE WEEKLY LAND USE INFO
Joe Leahy, City Attorney
Chris Moomead, City Surveyor
JUL26 ZGm
By: JY2t Pd.d-
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(agenda)
(agenda)
(agenda)
A request for land use action, as described on the attached agenda, has been received by the Development Services
Office. Specific concerns of your division/department/agency should be addressed. If you have comments or
requirements of .this proposal, please send them in writing to the assigned planner @ Development Services
Department, 225 Fifth Street, Springfield, OR 97477.
If your written comments are not received by Friday, August 6, 2010 specific concerns of your
division/department/agency will not be addressed unless you attend the meeting on August 10, 2010. The
Development Review Committee holds staff review meetings on Tuesday @ 8:00 -10:00 a.m. You should also plan to
attend the staff meeting on Tuesday if you have specific concerns so that the Planning representative can discuss them
prior to meeting with the applicant. If the Planner feels it is necessary for you to participate in the publiC meetings
he/she will let you know on Tuesday.
* will receive a full packet
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AGENDA
DEVELOPMENT REVIEW
COMMITTEE
DEVELOPMENT SERVICES DEPARTMENT
225 FIFTH STREET
Conference Room 615
Staff Review: August 10, 2010 @ 8:00 - 9:00 a.m.
1. PARTITION TENTATIVE #SUB2010-00010 LIBERTY BANK/HAYDEN HOMES 8 - 9 a.m.
Assessor's Map: 17-02-32-00 TL 2200
,A.ddress: Vacant - Tract A of Westwind Estates (4750 Daisy St)
Existing Use: Vacant - Tract A
Applicant submitted plans to partition one lot into two parcels
Planner: Steve Hopkins
2. MAJOR VARIANCE #lON2010-00010 COBARRUBIA 9 -10 a.m.
Assessor's Map: 17-02-34-33 TL 503
Address: Vacant - South end of 59th Street
Existing Use: Vacant
Applicant submitted plans requesting a major variance for impact to wetland and setbacks to build on
lot.
Planner: Mark Metzger
1
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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
Land And Water Environmental Services, Inc.
Phone: 541-672-0393
Fax: 541-672-7170
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
.-r " _. .,
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 D
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.
Associated Applications:
Signs:
Case No.: .2.ON WID - 000 I
Application Fee: $ Co-3t..}-q. 00
TOTAL FEES: $ [(;)5/. 4S
Date: 7 ~ 10
Reviewed by: ~
Technical Fee: $ 3 n. 45
Postage Fee: $
PROJECT NUMBER:
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( Date Received:
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JUL 2 3 20ID
Original Submittal
Revised 1/1/08 Molly Markarian
I of 4
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CITY OF SPRINGFIELD
VICINITY MAP
ZON2010-00010
Vacant - south end of 59th Street
SITE
Map 17-02-34-33
Tax Lot 503
Nortb
Date Received:
JUL 2 3 2010
Original submittal
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Pete and Wendy Cobarrubia
Major Variance Application
~pri!1gfj~!g Ti'lX !cq! # 503
TI7S R2W S34 QQ33
Narrative
Pete and Wendy Cobarrubia purchased lot # 503 (Springfield Tax Map TI 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 18' 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 O. I 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 undertakell 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 lot. 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 ofS. 5901 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 th,ere 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
.
.
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 ofloss of use of the property, as follows:
a. If the application ofthe 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 ofthe 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 ihe 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.
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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 Sprin!,>field Development Code. It would all ow development of this 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 of fill 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 orfinancial 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 !,'Teater 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 tbe 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 function and value,
.
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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 boundilries 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 WiIlamette Valley wetland type. The site's Locally Significant status was applied by
!,'fouping 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 of the 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 improvemcnts 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 the 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.
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ATTACHMENTS:
A. Vicinity Map
B. Development Plan, with Wetland
C. Site Plan
D. Aerial 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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DEVELOPMENT PLAN WITH WETLAND
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'.....~7~.~~.:.... . Theodore R. Kulongoski, Governor
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April 24, 2009
Department of State Lands
775 Sununer Street NE, Suite 100
Salem, OR 97301-1279
(503) 986-5200
FAX (503) 378-4844
wv...'"'..v. oregons ta te lands. us.
State Land Board
Pete and Wendy Cobarrubia
35643 Camp Creek Road
Springfield, OR 97478
Theodore R. Kulongoski
Governor
Kate Brown
Secretary of Sta te
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
Stale Treaswer
Dear rvlr. and rvlrs~ 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 !-\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
reconfiguring 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 information 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 procedures for renewal of an expired determination are 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 this letter.
CONCURRENCE
TO WETLAND DELINEATION
ATTACHMENT F
@
.
.
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 ).4,
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
w E.~~fs, ~E!!,N~1T~LO~MAP
QQ 33, TAX LOT #503
SPRINGFIELD, LANE COUNTY, OREGON
eSl we # Oq - DOl( r
Approvallssued 01{ - 2 '1- Dj
Approval Eltpires 0"1 - Z-"I - L:t-
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STUDY AREA
BOUNDARY
DEVELDPED RESIDENTIAl.
!?>
P!
9
PLOT "5
(l>
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PLOT "2
P T 114
o
CATCH
BASIN
~
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o '5 30 60
SCALE "=30'
LEGEND,
Ql ~ DATA PLOT LO"--ATION wilD U
It>- - PHOTO Q - PHOTOGRAPH
~ = WETlAND
NOTESr
DEVELOPED RESIDENTIAL
FlUED TO 4' HIGH
STORM
(DRAlN
------~
9 EXo.VATED 0fTCH
~STORM WATER
MANHOLE
WETLANDS CONTINUE
OFFSITE
STLDY AREA
BOUNDARY
STUDY AREA = 10,354 SarT. = 0.24 ACRES.
VETLANDS AREA = 6.76B Sa.FT, = 0.16 ACRES
VETLAND BOUNDARY AND PLOT LOCATIONS
HAPPED BY P.L.S, VETLAND BOUNDARY HARKED
BY LAND AND VATER ENVIRONMENTAL SERVICES,
INC.
KIWSJI AND ASSOCIATES
607 HWY 99 NORTH
EUGENE, OR 97402
PH (541) 686-921'
FAX (5<1) 484-9031
kondo(}V1illornetle .net
LAND AND /TATER
ENVlRONliENTAL SERVICES. INC.
525 S.E. MAlN
ROSEBURG, OR 9747D
PH (541) 672-0393
FAX (541) 672-7170
officeC'londondwaler.biz
y.'~
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Di~ision of Chief Deputy Clerk
Lane Couniy Deeds and Records
mWWllllm~I1WWW1~lW1W 1111111 III
02/13/200901:34'41 PM
CRSHIER 07 '
.
.
,-
I RPR-DEED Cnt=1 Stn=6
~~~O.OO $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
2~~9.~~/o~J
$31. 00
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 HI_E 73, SLIDE 172, LANE
COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.
Subject to:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, induding those shown on any recorded piat or survey.
The true consideration for this conveyance is $40,000.00. (Here comply with requirements of ORS 93.030)
Page 1 of 2
DEED
ATTACHMENT G
. i
I
. ._...___._u__._____....1
,.r. I'
;:J. '}\<;' ."
.
.
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 illLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.30S TO 195-
336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE illLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED 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 195.300, 195.301 AND 195.305 TO 195-336
AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. .
Dated thi5 10th day of
February
. 20112....-.
.~#.~/
Gary L. Gras
STATE OF Oregon
)
)5S.
)
County of Lane
This instrument was acknowiedged before me on this ~ day of Feb VI4 O--Y'f ' 20~
by Gary L Crosby. l\ A ~ , . )
l)l1~~ ~ '
".
. OFFICIAL SEAL
.. .. . DIANE MOl
\ ,: NOTARY PUBLIC-OREGON
..... COMMISSION NO. A389336
MY COMMISSION EXPIRES APRIL 8. 20.09
Notary Public for Oregon
My commission expires: 4-'~' 0 1
Page 2 of 2
._._-...-~
-_._----,._------~, -..
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 - (541)484-7321
FOR ALL QUESTIONS 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.bi2
Re:
Preliminary Title Report
2006 AlTA Owners Standard Coverage Uability $ Report Only Premium $ 200.00
2006 AL TA Owners Extended Coverage Liability $ Premium $
2006 ALTA lenders Standard Coverage Liability $ Premium $
2006 AlTA lenders Extended Coverage Liability $ Premium $
Endorsement Premium $
Govt Service 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., title to the fee simple estate is vested in:
Pete Cobairubia 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.
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
PRELIMINARY TITLE REPORT
ATTACHMENT H
.
.
. Preliminary Report
Order No.: 7199M1573969
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 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. 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 bof 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
First American Title
ATTACHMENT H page 2 Of 9
.
.
. Preliminary Report
Order No.: 7199-1573969
Page 3 of4
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!
First American Title
ATTACHMENT H page 3 of 9
.
.
. Preliminary Report
Order No.: 7199-1573969
Page 4 of 4
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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 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 lea) does not modify or limit the coverage
prOvided under (overed 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 coverage provided under Covered Risk 7 or B.
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 Claimanl and not disclosed in writing to
the Company by the lnsured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) reSUlting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
"
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabihty 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. MY claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This ExclUSiOn does not modify or limit the coverage provided under Covered RiSk 11(b).
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (06{17{06)
from the coverage of this IXIlicy, and the Company will not pay loss or damage, costs,
attorneys' fees, or
2.
J.
The following matters are expressly excluded
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental r€9ulation (including those relating to buikllng 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;
(Hi) the subdivision of land; or
(iv) envirQflmental 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 coverage provided under Covered Risk 7 or B.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the 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.
.,. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, lhat the transaction vesting the Tille 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 thai vests Title as shown in Schedule A.
AL TA OWNER'S POLICY (06/17/06)
from the coverage of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or
2.
J.
SCHEDULE OF STANDARD EXCEPTIONS
1'. Taxes or assessments which are not shown as existing liens by the records of any taxing,authority that levies taxes or assessments on feal prop<:rty 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; reselVatiOl1s or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, cJaims 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 ooto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disciosed by an accurate and complete land sUlVey of the subject land.
5. Any lien" or right to a lien, for 5elVices, labor, material, equipment rental or workers compensation heret%re or hereafter
furnished, Imposed by law and not shown by the publk: records.
NOTt: A SPECIMEN COpy OF THE POLICY FORM (OR FORMS) Will BE FURNISHED UPON REQUEST
T1149 Rev. 7-22-08
First American Title
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THIS IIIOEl!TURE ~.AUE ,"0 entered Into this 27tO'.y of ,~prll
lIr1d b('t\~ecn Dunne A. r:ni~hl:l
hercln.fter referred to as thc "ranlon, and TIlE CITY Of SPfll!lr.flELU,
in Lanc County, Oregon, herelnaner referred to al U,C Granteo.
, 19 2E..... by
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. ffiunlcfpa1 corporation,
\lITIIE55ETII: In conlldcratlon of the acceptance by Grantcc and the ule of holding of said
ca'ell\Cnt for prelent or future pllOllc u,e by I,r.lntee. r.ranton, hereby grant, barg.lln, sell
and ccnvey unto the r,r.,ntee. a perpetu~1 ellec.ent to feet In "Idlh, tonether ,11th the
rlsht to 90 upon laid edlcment 'HC,' hereinafter dcscrTbct! for nurryOlC of constructinG, reo
construednn. ~"lntai/llno Md u>lnry d "j~'~") H.el Honn drdlnd9c fdclllty which rTldY .
hef'eafter be Installed on the follcfrlln9 dCI~f'lbed proncrty, to-wit:
m:rl.llT OF SI:VILI.I:
Lot I~: I1q~!nn{nH {ll j\ PI/jilt hL'illl: X(HJlh 11 !.I' (\,1' t:n~t :\.00 l''':I'L tHiU ~irllllh ,Ct 01' .10.1 h'llnl.
),1.12 (f:cL rl'u~ Lhll tinrlhwt'f\t C't1rnol' or l.ol 1~1 m:rJ.J.,T Of' ~i~;VIJ,Ltl nn p}nU('d nnd 1'('ll:Ot"(Icd
ill F'll(;1 7,1, :-llidc 17:!, I.nnl' County OI't'jl1ln Plllt H~'cul'cJn: lhtIIL'!' llol'lh 70' 451 HaflL (i~.e8
rod.; lh~lp.;:l,! ~i(julh 0"'011 JO'1 \I:UIJ.'l'I(j.:,\~' l'1.!ct.1 Lht;n~l; :-;r,..Ulh 'fCf .1~' r;~lil 65.08 IC'.ctj tllot\ce
Horlh (r' 011 ;1011 En:lt lO.~CJ 1"'I.j tll tj,C !'oint nf llO{?lllllil1r.\ En l.;!ftl' County, Orcr,tdl.
f.ot 13: lll'gilln;n(t nt" fPdnl1wlnf: ~inuth Hi)' .1>1' fIlii!,. ,/,QO ft:t.'l nr.u ;lr\lJth 0" 011 JOll HCRt
7-1,:!~ ree1. I't'Mol Uw :{nrtl!Wl.';it. ('(l[Il~r IIf l.nl l~, II}:/'I.^r Of ~};\'1I.1,~;, 1111 plnttcd OIlU rc:cordt)c1
ill pil~ 7J, :;ll([{! 17;~1 f.iLlW t;Ilunl.Y Or'1.'I:I1O PloL /lr:coT'tIr.:'lhcnc:C' llol'Lh 7fr <1~,' Y.ltn( 65,-1>1
fed; fh~nC\i :t:lUth .n' 01 \ JO" .....l~ltl }O.=-I~ Cr:L'tj Ih~/lcr: .fi[l\.llh 70' .15' h'("jit e~,~'1 rf;c~i th~llctl
/!'''rth cr 011 :\0" }:l\r.l ilL:',!) Ittl Lo tll!: !'llllll Clf lI('ginniI1R~ In l.lIIlt:. CQ11IltYI Orugllll.
10 III.VE MID TO HOLD the '"D\" coIser.:col to the sdld Groll,tCt, Its ,VeCCHors dol! '151100S
fore,er.
IIi ^ODITIQr/ TIICRfTO, tile Gljlfl,rs uv IICf'e.by 9lve Mid ~I'dllt Uolto tile City ofArl.nrrl"l~. a
connructiot'l CJ\cr.'l:ol of .. ._~ {Cf\l in \~:dtn ,dong JIIlI lI~Ultll1l.1 lIlC -.-l",r;.~.:..-'...______
sld~ l\nd for tile (Ill 1 ll!nlftll 01 thQ .)(OrDYllntl~~e!.! ~!!d d{!:,.crlbco i!erjrt?tu;ir c6,;~v;'cnt Tor Vii:)
purpVSl,' or ~1YIIIIJ " Hod; ,)"e'l durin:) the cCIl~tr\Jcll{ln or 1\ slam Jrulllu~(' (JclJity vnd/or .
~6ni t.lry sC~Il.\r }}) [hIll th(\ p(!rp(llUd~ <:'JSCI!X!llt.
TO IWI[,I.:IU TO IIULU \.,Id (nnlll'unlon e,lIcr"Qllt uoto tile. s.llll Clt'l of Snl'in"flel'l dnU
~UCCC~:ifH) iHld ))'jl!}:l';, {llJrlnq the cCtn~lr'u(tlon of the $lun:: ,lllJJ/Qr sanll:lfY SC"l~(:f..
~Gn5trlJtUc'lii of the :itorio\ dl'1I1t\ll~r. rutl1il)' MId/or S'lldt.:lry SC.rfCl" ,1ni! its JCCI;plullCl1
tllO (Onltl'unloo ~,15'J:~llt "c~ln n',,,~~ ,h,llo"o.o'o volt!.
lo f t!:
Vpon th~
for .usc I
HI ~1Tn[;~ !-:II[P.UJ[, Ute Gr.nltor: "fJo';c rl~:::cd .(:~','c h~rcunto ':.L't ~hdr, l~~nc: .'rod :l,l1~ thl:;
::1Ih d.y Of nPl'i I : I?n .
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mTE OG-"I$\j'~'\i:;VI~(iD~' r,,"" . \5, Pcrsnn,] II)' "Plle"'ell the ,bove 1I."'Ct! dn~
dCI.nodli',ff/1ii ,J[Prh'lfI~'~lii<t1iiii\,liltooo hi, 'toluntdl'J .\Ct anV dee~. UoIorc ~c:
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Ooted "I.~ :i7'th,c.!t1-) II.D., I~ 70, ~ :1::!J.L~...f)
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Description: Lane ..oR. DOc.UI:u.mt
Orde.!."": J Comment: .
93-)-1'979,27990'Pa9~:
Year. DocID "i'-i9
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