HomeMy WebLinkAboutApplication APPLICANT 7/22/2010
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Land Division Tentative Plan
Partition, Subdivision
A licant Name: Saul Weinstein
Com an : LibertyBank
Address: 355 Goodpasture Island Rd, Eugene OR 97401
Phone: 541-681-4845
Fax:
541-344-1739
A licant's Re .. Michael Reeder
Phone: 541-484-0188
Com an : Arnold Gallagher Percell Roberts & Potter Fax:
Address: 800 Willamette Street, Ste 800, Eugene OR 97401
541-484-0536
Owner:
Com an : Hayden Homes, LLC
Phone: 541-923~6607
Fax: 541-548-0761
Address: 2622 SW Glacier PI, Ste 110, Redmond OR 97756
ASSESSOR'S MAP NO: 17-02-32
TAX LOT NO S : q-W- '22.fJO
none
Acres g] S uare Feet 0
Pro osed Name of Subdivision:
Description of If you ar~ filling in ~his form by hand, please attach your proposal description to this application.
The appllcant, LlbertyBank, wlth the consent of the owner Hayden Homes, LLC, propos s
Pro osal: .. ... . .
E "t" uSubject property through a two parcel partition.
XIS In se:
# of Lots Parcels:
Si natures: Please si
o
Associated A lications:
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Si ns:
Pre-Sub Case No.:
Date:
Reviewed b
Case No.:.
A
Date: f 'ljJ I'D
Technical Fee: dL.f3.SS
Date eceived:
PROJECT NUMBER:
22 2010
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TOTAL FEES:
Revised 11.19.09
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1 of 10
Original Submittal
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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. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible For all statutory
timelines, inFormation, requests and requirements conveyed to my representative.
Owner:
Date: June 28, 2010
Signature
Michael Reeder, Power of Attorney
Print
Submittal
I represent this application to 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 ORS 227.178 pertaining to a complete
application.
Owner:
AA,)A
Signature ~
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nat~ Jv\ ''-1 1.-0/ LD I 0
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Micheal M. Reeder, Power of Attorney
Print
Date Received:
JUL 2 2 2010
Original Submittal
Revised 11.19.09
2 of 10
N/AO
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Land Division Tentative Submittal Requirements Checklist
NOTE:
. ALL of the following items MUST be submitted for BOTH Pre-Submittal and Submittal.
. If you feel an item on the list below does not apply to your specific application, please
state the reason why and attach the explanation to this form.
129
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. Any applicable application, technology, and postage fees are collected at the
pre-submittal and submittal stages.
land Division Tentative Application Form
Narrative explaining the purpose of the proposed development, the existing use of the
property, and any additional information that may have a bearing in determining the
action to be taken.
[2S]
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[2S]
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Copy of the Deed
Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances.
Copy of the land Division Plan Reduced to 81fz"x 11", which will be mailed as part of
the required neighboring property notification packet.
Right-of-Way Approach Permit Application provided where the property has frontage
on an Oregon Department of Transportation (ODOT) facility.
Three (3) Copies of the Stormwater Management System Study with Completed
Storm water Scoping Sheet Attached - The plan, supporting calculations, and
documentation must be consistent with the Engineering Design Standards and Procedures
Manual.
119
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Three (3) Copies of the Traffic Impact Study prepared by a Traffic Engineer in
accordance with SDC 4.2-105 AA. Traffic Impact Studies (TIS) allow the City to analyze
and evaluate the traffic impacts and mitigation of a development on the City's
transportation system. In general, a TIS must explain how the traffic from a given
development affects the transportation system in terms of safety, traffic operations,
access and mobility, and immediate and adjoining street systems. A TIS must also
address, if needed, City, metro plan and state land use and transportation policies and
objectives.
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Seven (7) Copies of the Following Plan Sets for Pre-Submittal OR
Eighteen (18) Copies of the Following Plan Sets for Submittal
[2S] All of the following plans must include the scale appropriate to the area involved
and sufficient to show detail of the plan and related data, north arrow, and date of
preparation.
~ All plan sets must be folded to 8V,' by 11" and bound by rubber bands.
a. Site Assessment of Existing Conditions
o Prepared by an Oregon licensed Landscape Architect or Engineer
[i] Vicinity Map
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Date Received:
JUL 2 2 2010
Original S~gPli!taJ
Revised 11.19.09
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[29 The name, location, and dimensions of all existing site features including buildings,
curb cuts, trees, and impervious surface areas, clearly indicating what is remaining and
what is being removed. For existing structures to remain, also indicate present use
and required setbacks from proposed property lines.
IB The name, location, dimensions, direction of flow and top of bank of all watercourses
and required riparian setback that are shown on the Water Quality Limited Watercourse
Map on file in the Development Services Department
~ The lOa-year floodplain and floodway boundaries on the site, as specified in the latest
adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment
or Letter of Map Revision
EJ The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the Wellhead
Protection Areas Map on file in the Development Services Department
119 Physical features including, but not limited to trees 5" in diameter or greater when
measured 4 V2 feet above the ground, significant clusters of trees and shrubs, riparian
areas, wetlands and rock outcroppings
[29 Soil types and water table information as mapped and specified in the Soils Survey of
Lane County. A Geotechnical Report prepared by an Engineer must be submitted
concurrently if the Soils Survey indicates the proposed development area has unstable
soils and/or a high water table
b. Land Division Tentative Plan
o Prepared by an Oregon licensed Land Surveyor
N/AO City boundaries, the Urban Growth Boundary, and any special service district
boundaries or railroad right-of-way which cross or abut the proposed land division
[29 Location and width of all existing and proposed easements on and abutting the
proposed land division
~ !3oundaries of entire area owned by the property owner, of which the proposed land
division is a part, as well as dimensions and size of each parcel and the approximate
dimensions of each building site indicating the top and toe of cut and fill slopes to scale
Q9 Location and type of existing and proposed street lighting, including type, height, and
area of illumination
~ Location, widths, conditions, and names of all existing and proposed streets, alleys,
dedications or other right-oF-ways within or adjacent to the proposed land division.
Proposed streets should also include approximate radius of curves and grades and
relationship to any projected streets as shown on the Metro Plan, TransPlan,
Conceptual Development Plan, or Conceptual Local Street Map.
[29 Location of existing and required traffic control devices, fire hydrants, power poles,
transformers, neighborhood mailbox units and similar publiC facilities
OJ Location and dimensions of existing and proposed driveways
[] Location of existing and proposed transit facilities
I25J Location and width of all existing and proposed sidewalks, sidewalk ramps, pedestrian
access ways and bike trails
IKI Location, size and type of plantings and street trees in any required planter strip
~ Location and size of existing and proposed utilities on and adjacent (9a~ ~e4Ve'd1g
sanitary sewer mains, stormwater management systems, water mains, power, gas,
telephone, and cable TV. Indicate the proposed connection points
JUL 2 2 2010
Revised 11.19.09
5 of 10 .
Original Submittal
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N/AD The locations of all areas to be dedicated or reserved for public use, with the purpose,
condition or limitations of the reservations clearly indicated
N/AD Future Development Plan where phasing or large lots/parcels are proposed as specified
in SDC 5.12-120 E.
c. Stormwater Management Plan
N/A 0 Prepared by an Oregon licensed Civil Engineer
N/A 0 Planting plan prepared by an Oregon licensed Landscape Architect where plants are
proposed as part of the stormwater management system
N/A 0 Roof drainage patterns and discharge locations
N/A 0 Pervious and impervious area drainage patterns
N/A 0 The size and location of stormwater management systems components, including but
not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater
quality measures; and natural drainageways to be retained
N/AD Existing and proposed spot elevations and contours lines drawn at 1 foot intervals (for
land with a slope over 10 percent, the contour lines may be at 5 foot intervals)
N/A 0 Amount of proposed cut and fill
o Additional Materials That May be Required
IT IS THE APPLICANT'S RESPONSIBILITY TO DETERMINE IF ADDITIONAL
STANDARDS/APPLICATIONS APPLY TO THE PROPOSED DEVELOPMENT. THE
APPLICANT SHOULD CONSIDER UTILIZING PRE-DEVELOPMENT MEETINGS AS
DISCUSSED IN SDC 5.1-120:
N/AO Proposed deed restrictions and a draft of any Homeowner's Association Agreement
N/A 0 Additional plans and documentation for submittal of a Cluster Subdivision proposal
as specified in SDC 3.2-230
N/A 0 Riparian Area Protection Report for properties located within 150 feet of the top of
bank of any Water Quality Limited Watercourses (WQLW) or within 100 feet of the
top of bank of any direct tributaries of WQLW
N/A 0 A Geotechnical Report prepared by an engineer must be submitted concurrently if
there are unstable soils and/or a high water table present
N/AQ
N/AD
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N/AQ
N/AD
Revised 11,19,09
[]
Where the development area is within an overlay district, address the
additional standards of the overlay district
If five or more trees are proposed to be removed, a Tree Felling Permit as specified
in SDC 5.19-100
A wetland delineation approved by the Oregon Division of State Lands must be
submitted concurrently where there is a wetland on the property
Any required federal or state permit must be submitted concurrently or evidence
the permit application has been submitted for review
Where any grading, filling or excavating is proposed with the development, a Land
and Drainage Alteration permit must be submitted prior to development
Where applicable, any Discretionary Use or Variance as specifiOO~eae'lvEM:
and 5.21-100
JUL 2 2 2010
Original Submittal
6 of 10
N/AO
N/AO
Revised 11.19.09
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An Annexation application, as specified in SDC 5.7-100, where a development is
proposed outside of the city limits but within the City's urban service area and can
be served by sanitary sewer
All public improvements proposed to be installed and to include the approximate
time of installation and method of financing
Date Received:
JUL 22.2010
Original submittal
7 of 10
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I'f/OJH:r TITlE:
TENTATIVE PARTITION PLAN
FOR LIBERTY BANK
SPRINGFlHD, OREGON
R ~ISIO"S
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DfSCRIPT!OH:
SITE ASSESSMENT OF
EXISTING CONDITfONS
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WRITTEN STATEMENT
FOR THE LIBERTVBANK
TENT A TlVE PARTITION ApPLICATION
This application is a proposal to partition the vacant property at the southwest comer of
the Main Street/Weyerhaeuser Haul Road intersection (Map 17-02-32, Tax Lot 104) into two
parcels. LibertyBank has an option to purchase the commercially zoned portion of the site. This
option gives LibertyBank the right to act as applicant for the partition process. The option
becomes void if the plat is not recorded on or before December 15,2010. Therefore, it is
requested that this application be reviewed as expeditiously as possible.
Approximately 10 years ago Branch Engineering, Inc. performed existing conditions
survey work for the City of Springfield on this site as part of the connection of Daisy Street
across the south edge of the site (City Project Number P20198). The survey data gathered
included wetland flags, but it is unknown at this time if a delineation report was submitted to the
state. It is assumed that the northern edge of the flags can be taken to be roughly the northern
edge of wetlands on the site. This application includes wetland delineation mapping that was
provided to Branch Engineering, Inc. while providing Traffic Engineering support for the
Westwind Estates subdivision process. The wetlands shown in this mapping are consistent with
the flags that were placed during the project for the city. The wetland mapping shows that there
is buildable area on both parcels. In the case of Parcel 2, it is possible that there will need to be
some minor wetland mitigation to offset impact from a driveway and/or utilities, but there is
plenty of non-wetland area available for a home and associated yard space.
The site is split zoned with Community Commercial in the north and Low Density
Residential in the south. This partition is proposed to separate the two zonings, thus increasing
the marketability and property value. The zoning boundary was previously monumented in CSF
41715 by Richard Skinner. This location was determined by extending a previously defined
zone line easterly through the site. During the Development Issues Meeting, city staff stated that
the zoning boundary is flexible. LibertyBank and the current title holder considered moving the
zone line approximately 90 feet southerly of the monumented location to place the zone line on
the northern edge ofthe wetlands. However, the two parties have decided to leave the zone line
as monumented. This has the benefit of being consistent with surrounding lands and existing
documentation for the site, thus eliminating possible confusion now or in the future.
It is not necessary to dedicate any land to the city.
Since the layout and location offuture construction or further divisions is not known at
this time, no earthwork, tree removal, etc will occur with this partition. Although it is known
that at some time in the future, two trees near Main Street will need to be removed to allow
installation of an access to Main Street. Main Street and Daisy Street are fully improved so no
off-site improvements are necessary now or in the future. Weyerhaeuser Haul Road is a private
road.
The Lane County Soil Survey shows the site as having Courtney Gravelly Silty Clay
Loam (34) and Pengra Silt Loam, I to 4 percent slopes (l05A) in the southern portion of the site,
Oxley-Urban Land Complex (101) in the middle portion of the site and Salem-Urban Land
Complex (119) across the northern portion of the site. The Soil Survey indicates that all the soils
except the Salem-Urban Land Complex have a seasonal high water table. The Survey also
indicates there may be problems v.ith the construction of roads and buildings on the Courtney
Gravelly Silty Clay Loam and Pengra Silt Loam. Geotechnical reports are most mWJ ~cgfVed:
JUL 22 2010
Original Submittal
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efficient when based on a development concept. Since no development concept is known for
either parcel, a geotechnical report was not obtained even though the code technically requires
one to be submitted. The future development on both parcels will be subject to the same code
criteria and can provide a geotechnical report customized to their development.
This project does not require any additional City of Springfield planning applications.
An ODOT access permit application has been submitted for the northern parcel concurrent with
this submittal to the city. A copy of the submitted application is included with this application.
Date Received:
JUL 2"2 2010
Original Submittal
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LIMITED POWER OF ATTORNEY
The lllldersigned, BRETT WILSON, lJ'rr 0.[ fiLn of Hayden Homes, LLC, an
Oregon limited liability company (the "Company"), hereby appoints and designates Micheal M.
Reeder as his attorney in fact to act on behalf of the Company in any and all matters relating to
the process of obtaining a tentative and final partition with the City of Springfield for the real
property located at Map 17-02-32-00, Tax Lot 104. Hayden Homes LLC to be copied on all
cOlTespondence related to this patiition.
DATED: December IS, 2009
Hayden Homes, LLC
BY:~~
. Bren Wil~ ~ 1'_ /,
Tltle: !7 _ or 01</1
STATE OF OREGON )
) ss.
COUNTY OF LANI: ,-.. )
Doschu-rcs
This instrument was acknowledged before me on December 15,2009, by BRETT
WILSON, as pw- Bt- nV"lf<.nUl.. of Hayden Homes, LLe
OFFICIAL SEAL
TAMMY HARTY
2-3 )00 ld-.
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Vn\
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Date Received:
I - LIMITED POWER OF ATTORNEY
C:\Docllments and Settings\bwilsol1\Local Settings\Temporary Internet Files\ColltenI.Olltlook\UOZVQOOR\Power of Attorney Hayden
L21409.doc
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JUL 2 2 2010
Original Submittal
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Fax: (541) 736-1021
PUBLIC WORKS DEPARTMENT /Engineering Division
STORMW A TER MANAGEMENT SYSTEM SCOPE OF WORK
-- (Area below this linejiUed out by Applicant) ---
(Please return to Matt Stouder@City of Springfield Public Works Engineering; Fax # 736-1021, Phone # 736-1035.)
Project Name: LibertyBank Applicant: Renee Clough, PE, PLS, AICP
Assessors Parcel #: 17-02-32 TL 104 Date: Feb. 15 2010
Land Use(s): Vacant Phone #: 541-746-0637
Project Size (Acres): 5.75 Fax#: 541-746-0389
Approx. Impervious Area: 0 Email: renee@branchennin"'erinn com
:'" _ t. ,I -;',.e',}t';i;,;::r_}~'~:.'-,\';~-;~::<),"'~. ,'t.. ,.-. . ~~"'I'S. ;r;;Li>- ,~:_;.;?t r '-'T" :,n).__,':" . .,.....;." I . :-."" .':," :.> ;" .
Project Description (Include a copy of Assessor's map): The site is currently a large split zoned property
(Tract 'A' of Westwind Estates) at the southwest corner of the Main Street/Weyerhauser Haul Rd.
intersection. This partition is proposed to separate the zonings, thus increasing the marketabilit\
to developers. The stormwater facilities will be installed with future, physical developments.
Drainage Proposal (Public connection(s), discharge loeation(s), etc. Attach additional sheet(s) if necessary:
None
Proposed Stormwater Best Management Practices:
None
- (Area below tltis line filled out bv tlte Cillo and Returned to the Avvlica11t)
(At a minimum. all boxes checked by the City on the front and back of this sheet shall be submitted
for an application to be complete for submittal, although other requirements may be necessary.)
Drainal!:e Study TVDe mDSPM Section 4.03.2): (Note, UH may be substituted for Rational Method)
D Small Site Study - (use Rational Method for calculations)
D Mid-Level Development Study - (use Unit Hydrograph Method for calculations)
0 Full Drainage Development Study - (use Unit Hydrograph Method for calculations)
Environmental Considerations:
D Wellhead Zone: D Hillside Development:
D Wetland/Riparian: D FloodwaylFloodplain:
D Soil Type: D Other Jurisdictions:
Downstream Analvsis:
D N/A
D Flow line for starting water surface elevation:
D Design HGL to use for starting water surface elevation:
D Manhole/Junction to take analysis to:
Return to Matt Stouder raJ. Citv ofSDrio"field, emaiI: mstouder<alci.springfie!d.or.us, P~~Bt:l~W6!li
JUL 2 2 2010
Revised 11.19.09
Original Submittal
9 of 10
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COMPLETE STUDY ITEtS ~fficiaIUSeOnIY:
* Based upon the information provided on the front of this sheet. the following represents a minimum of what is needed for an
application to be complete for submittal with respect to drainage; however, this list should not be used in lieu of the Springfield
Development Code (SDC) or the City's Engineering Design Manual. Compliance with these requirements does not constitute site
approvai; Additional site specific information may be required. Note: Upon scoping sheet submittal, ensure compietedform has
been signed in the space provided below:
Interim Design Standards/Water Quality (EDSPM Chapter 3)
Req'd N/A
o 0 All non-building rooftop (NBR) impervious surfaces shall be pre-treated (e.g. multi-chambered catchbasin w/oil
filtration media) for stormwater quality. Additionally, a minimum of 50% of the NBR impervious surface shall be
treated by vegetated methods.
o 0 Where required, vegetative stormwater design shall be consistent with interim design standards (EDSPM Section 3.02),
set forth by the Bureau ofEnviromnental Services (BES) or Clean Water Services (CWS).
o 0 For new NBR impervious area less than 15,000 square feet, a simplified design approach may be followed as specified
by the BES for vegetative treatment.
o 0 If a stormwater treatment swale is proposed, submit calculations/specifications for sizing, velocity, flow, side slopes,
bottom slope, and seed mix consistent with either BES or CWS requirements.
o 0 Water Quality calculations as required in Section 3.03.] of the EDSPM
o 0 All building rooftop mounted equipment, or other fluid containing equipment located outside of the building, shall
be provided with secondary containment or weather resistant enclosure.
General Study Requirements (EDSPM Section 4.03)
o 0 Drainage study prepared by a Professional Civil Engineer licensed in the state of Oregon.
o 0 A complete dnainage study, as required in EDSPM Section 4.03.1, including a hydrological study map.
o 0 Calculations showing system capacity for a 2-year storm event and overflow effects of a 25-year storm event.
o 0 The time of concentration (Tc) shall be determined using a ]0 minute start time for developed basins.
Review of Downstream System (EDSPM Section 4.03.4.C)
o 0 A downstream drainage analysis as described in EDSPM Section 4.03.4.C. On-site drainage shall be governed by the
Oregon Plumbing Specialty Code (OPSC).
o 0 Elevations of the HGL and flow lines for both city and private systems where applicable.
Design of Storm Systems (EDSPM Section 4.04)
o 0 Flow lines, slopes, rim elevations, pipe type and sizes clearly indicated on the plan set.
o 0 Minimum pipe cover shall be ] 8 inches for reinforced pipe and 36 inches for plain concrete and plastic pipe materials,
or proper engineering calculations shall be provided when less. The cover shall be sufficient to support an 80,000 lb
load without failure of the pipe structure.
o 0 Manning's "n" values for pipes shall be consistent with Table 4-] of the EDSP. All storm pipes shall be designed to
achieve a minimum velocity of three (3) feet per second at 0.5 pipe full based on Table 4-] as well.
Otber/Misc
o D Existing and proposed contours, located at one foot interval. Include spot elevations and site grades showing how site
drains
o 0 Private stormwater easements shall be clearly depicted on plans when private storm water flows from one property to
another
D 0 Drywells shall not receive runoff from any surface w/o being treated by one or more BMPs, with the exception of
residential building roofs (EDSP Section 3.03.4.A). Additional provisions apply to this as required by the DEQ. Refer
to the website: www.dea.state.oLuslwa/croundwaluichome.hcm for more information.
o 0 Detention ponds shall be designed to limit runoff to pre-development rates for the 2 through 25-year storm events
'Thisform shall be included as an attachment, inside the front cover, of the stormwater study
· IMPORTANT: ENGINEER PLEASE READ BELOW A]I,'D SIGN!
As the engineer of record, I hereby certifY the above required items are complete and included with the submitted stormwater study
and plan set.
Signature:
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01'1u (Io~
Date:
&JIZZ-lID Date Recl'!ived:
JUL 2 2 2010
Revised 11.19.09
oWgrMPsubmittal
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Renee.Clough
From:
Sent:
To:
Subject:
MCEACHERN Clayton [emeeaehern@ci.springfield.or.us]
Tuesday, February 16, 2010 1:12 PM
'Renee@branehengineering.eom'
RE: stormwater seoping sheet
I agree that there is currently no need to improve drainage onsite as part of a land
division. We can handle the stormwater issues with a development application. We did
discuss, during the Development Issues Meeting providing a small strip of land south of the
zoning boundary to handle stormwater runoff from the commercial property. This would allow a
full development of the commercial property, without affecting too much of the residential
value since development of that looks to be problematic. Call me if you have any questions
From: Renee Clough [Renee@branchengineering.com]
Sent: Tuesday, February 16, 2B1B 11:B8 AM
To: STOUDER Matt
Subject: stormwater scoping sheet
Matt,
Attached is a stormwater scoping request for Tract A of Westwind Estates (currently a portion
of TM 17-B2-32, TL 1B4). The site is split zoned which makes it hard to sell since
commercial developers generally don't want residential land and residential developers
generally don't want commercial land. LibertyBank has taken ownership of the property as
payment for a debt and wants to maximize the property's marketability. There is currently no
knowledge of how each of the zoning areas will be developed. To be developed planning
applications and building permits will be needed. It is proposed that the design of a
stormwater treatment/conveyance system be delayed until those future planning actions and
building permits so that the system meets the needs of the future development.
Renee Clough, PE, PLS, AICP
Principal Surveyor
Branch Engineering
31B 5th Street
Springfield OR 97477
ph 541-746-B637
fax 541-746-B389
Date Received:
JUL 2 Z 2010
1
Original Submittal
j
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Renee Clough
From:
Sent:
To:
Cc:
Subject:
Attachments:
STOUDER Matt [mstouder@eLspringfield.or.us]
Tuesday, February 16, 2010 1 :00 PM
Renee@branehengineering.eom
MCEACHERN Clayton
RE: stormwater seoping sheet
Stm water seoping sheet.pdf
Hi Renee,
I'm out of the office today and replying
office and he will be able to help you.
parcel as well. let me know if you have
from home. I'm cc'ing Clayton McEachern in the
He is familiar with the Westwind site and this
other questions. Thanks,
Matt
From: Renee Clough [Renee@branchengineering.com]
Sent: Tuesday, February 16, 2818 11:88 AM
To: STOUDER Matt
Subject: stormwater scoping sheet
Matt,
Attached is a stormwater scoping request for Tract A of Westwind Estates (currently a portion
of TM 17-82-32, Tl 184). The site is split zoned which makes it hard to sell since
commercial developers generally don't want residential land and residential developers
generally don't want commercial land. libertyBank has taken ownership of the property as
payment for a debt and wants to maximize the property's marketability. There is currently no
knowledge of how each of the zoning areas will be developed. To be developed planning
applications and building permits will be needed. It is proposed that the design of a
stormwater treatment/conveyance system be delayed until those future planning actions and
building permits so that the system meets the needs of the future development.
Renee Clough, PE, PlS, AICP
Principal Surveyor
Branch Engineering
318 5th Street
Springfield OR 97477
ph 541-746-8637
fax 541-746-8389
Date Received:
JUL 2 2 2010
Original Submittal
1
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WETLAND DELlNEATlON AND MITIGATION
PROJECT NO. P2019S
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Oregon Department 'Transportation
Application for State Highway Approach
FOROFEicE USE ONLY , .. .>; ......... ..:[)~t~Re~elved Starn'. .
~{~!r~~~~;'"~~.B\O:.uD :;T~:rXjo~D~"'~dNO ...:." .. il" .' '.. ~'I.
.~~~~~,;~i';,\.i::'~ilepoint' .'. "':""St~ti:~.., .' .'. .' 'GHAM~$il~:#;> .......... . ........ '.
Required Information
The applicant must submit the following information with the Application for State Highway Approach. ODOT will notify
the applicant if additional information is required.
. All attachments required by answers on the application form, including applicant signature.
. If the applicant is not the owner of the property to be served by the approach, then the property owner must authorize
the applicant as a designated agent The applicant must have the property owner complete the Authorization of
Designated Agent block on this form OR submit a signed letter from the property owner authorizing the applicant as
the designated agent.
. Site plan and vicinity map approved or currently being reviewed by the local government
. A Land Use Compatibility Statement (LUCS) for a State Highway Approach (page 4 of this application) must be
completed by the local government. .
. A copy of the current County tax lot map for the property served by the approach. Map must highlight all property that
would be served by the approach and list all owner name(s) on adjacent properties. Make a note on map if ownership
of adjacent property is same as subject property. Identify the location of the proposed approach on map.
. A copy of the recorded easement(s). if the subject property has an existing easement(s) for access to the property.
. A copy of any existing state or local government approach permits for the property.
In addition to the above submittals, the applicant may be required to place stakes or markings near the highway shoulder
at the proposed approach location,
Definitions for commonly used terms are in the attached brochure. The brochure is also available on the ODOT website
located at http://wwworeqonqov/ODOT/HWY/ACCESSMGT/
Applicant Information ., "".,', "', "'.'.
. .......:,..:... .............
Last Name: Gilbert, PE I First Name, Damien I CompanY:Branch Engineering
Street Address: 310 5th Street
City: Springfield I State: OR Zip Code: 97477 T County: Lane
Mailing Address: Same
City: I State: Zip Code: I County:
Phone Number: 541-746-0637 FAX Number: 541-746-0389
Cell Phone Number:
E-mail Address: damien@branchengineering.com
Is applicant working as an Agent of the Owner? YES: IKJ NO: 0
If YES, the owner must complete the Authorization of Designated Agent section below, OR ATTACH a letter from the
owner authorizing applicant to act as his/her agent
Approach Location . ",,'.' . .
Highway Name - May be a statewide highway name such as Pacific Highway, or a local name like East Main Street.
Route Number - The posted highway number, e.g. 1-5 or US-84
Highway Name: McKenzie Hwy. Route Numbe~ 126 County: Lane
Mile Point: 5.25 Side of Highway: North 0 South IKJ EastO West 0
Is the highway in a national forest area?: Yes 0 No IRJ Date Received:
734-2680 (8108)
Page 1 of 4
JUl 2 2 2010
"
Original Submittal
)
.
.
Authorization of Desi~Jnated A~ent
I Michael Reeder (Power of Attorney) (printed name of property owner) authorize
Damien Gilbert, PE (printed name of applicant) to represent me as
my agent in the matter of this highway approach permit application.
o~gnat~ 11--_____ I Date: 1,;,/1.'6/( 0
Applicant Signature , .::::;.;<:;:'...... .
". I." NOTIFICATlON TO APPLICANT: The ODOT District Office will contael you when your applicaton has been reviewed. If additional
documents are required to continue the application process you will be notified. When all of the necessary documents have been
received, the application will be deemed complete. If your completed application is approved, preliminary construction specifications
wHl be issued. A performance bond and liability insurance will be required before any construction work can begin on the highway light
of way. Forthe complete rules regarding approach pennitting. see OAR Chapter 734 Division 51.
The Applicant declares, certifies, and affirms under penalty of applicable state or federal laws that all information
provided on this form and attachments are true and complete to the best of his/her kno?1ge,
" ./7 /7
Printed Name: Damien Gilbert, PE I Signatur~...J~.,,, :/.f/~ L Obte'
'7 16-,(>- (0
:AdditioncdApproach Information ( : ",:,: . d,' ,....::..........:. "'>'.':,.
Application is a requesl for (check all that apply)
IKJ New Approach - There is no existing permitted or grandfathered approach road at the location requested in this
application
o Temporary Approach - The approach requested will be removed after a specified period of time
o Existing Approach - This application affects, or may affect, an existing approach
o Restricled Use Approach - The approach requested is for emergency services, government, utility access or similar
specific uses with limited traffic
Vehicle Turning Movements
Turn movements requested (check all that apply)
All movements: IKl OR Right In: 0 Right Out: 0 Left In: 0 Left Out: 0
Property Owner Information (Ii different than applicant)
Last Name: Hayden Homes, LLC First Name:
Street Address: 2 622 SW Glacier pl, Ste 110
City: Redmond . I State: OR Zip Code: 97756 I County: Deschutes
Mailing Address: 2622 SW Glacier Pl, Ste no
City: Redmond I State:OR Zip Code: 97756 I County: Deschutes
Phone Number: 541- 923 - 6 6 0 7 FAX Number: 541-548-0761
Cell Phone Number:
E-mail Address:
Are there additional owners of the subject property? YES: 0 NO: IKJ
If YES, ATTACH the same contact information as above for each of the co-{)wners on a separate sheet of paper.
Property Information (attach additional pagels) if space is insufficient)
Subject property address(es): None
City: Springfield Zip Code: 97478 I County: 'Lane
Township(s) 17S I Range(s) 2W Section(s) 32 I Tax lot(s) 104
Current zoning: Community commercial and low Proposed zoning: No change
density residential.
In the boxes below, describe the existing and proposed land USerS) on the property, including square footage or acreage.
Existing: Currently the site is a vacant, split Proposed: The owner is proposing a two parcel
zoned property totaling approximately 5.75 partition to separate the zoning thus increasing the
acres. marketability to developers. ,-.- - _A.
734-2680 (8/08)
Page 2 of 4
JUL 2 2 2010
_t~~1 ~.."'_I'''""I
"~SitePclani8.Wic;initYlVlapRequlremell~ .
Local goyeiiirrienfsiteplan ...
Has the local government approved a site plan or is the local government currently reviewing a plan for the
proposed land use?
IB Yes (If yes, attach a copy of the plans being reviewed by the local government.)
o No
~t~~:QJTi$lj~je.1in~Re~liit1rm~iiit$~~~tit~%}~i~~l:l&.~m~t_~fE#~~~~~~~~~~~~~J~;ri~
Submit drawing(s) no larger than 11" x 17" in size. Site plan(s) shall include all applicable information listed
below:
Property location and property lines, including:
. North arrow
. Show all lots or parcels that are part of the property or development with their corresponding tax lot
numbers identified
. Distance from the property lines to the center of the proposed approach
Using solid lines, show:
. Proposed approaches with requested width and tuming movements shown
. Proposed & existing buildings and structures to be retained
. Proposed use of existing buildings and structures to be retained
. Other proposed equipment or facilities and their proposed use
. Proposed access or "cross-over" easements with neighboring properties
. Nearest approaches on both sides of the highway within 500' of the proposed approach center-line
Using dashed lines, show:
. Existing approaches with width and turning movements shown
. Place an "X" on approaches to be removed
. Existing buildings and structures to be removed
. Existing equipment or facilities to be removed
. Other existing facilities to be removed
. Existing access or "cross-over" easements with neighboring properties
Show proposed on-site circulation, including:
. Travel lanes with travel directions indicated
. Travel lane widths
. Parking spaces or parking areas
. Access locations to the parking spaces or areas
Show nearest landmark or cross street:
. Provide nearest cross street name
. Distance from the requested approach location to the nearest cross street
. All public streets that abut the property(s)
Date Received:
Z 2 2010
734-2680 (8/08)
Page 3 of4
Original Submittal
..
1r
DATE RECEIVED SWOT
Oregon Department of Transportation
CH,S 10 #
land Use Compatibility Statement (lUCS)
What is a LUCS? A Land Use Compatibility Statement (LUCS) is the form ODOT uses to ensure that Highway Approach Permits are
consistent with local land use requirements.
Why is a LUeS Required? ODOT Coordination Rules, OAR 731-015, identify Highway Approach Permits as permits that affect land
use. State law requires ODOT activities that affect land use to be consistent with acknowledged local comprehensive plans...
When is a LUCS Required? An ODOT LUCS must be submitted with every ODOT Highway Approach Permit Application.
How to Complete the lUCS: The applicant completes Section 1. Section 2 must be completed by the local jurisdiction. The
applicant then submits the completed LUCS to ODOT as part of the Highway Approach Permit Application.
SECTION ,1: ApplicOlllt& Site Infol1Jl~!i@;:'; .:'i>' ',:" .: :...... : ::h/.' ". '. '. .': ....; ."::</ :.': >.
. -'.'"
". .... .;::.
.. .
Print applicant name: Damien Gilbert, PE Applicant signature:
Property owner name: LibertyBank
Subject property address: none
Site description: vacant, split-zones property
D1;'cribe the prqposed activi!j', use, or develo~menl includinll t~pe and volume of traffic ih will ~en~rate. thus increasing the
T e owner 18 propos ng.a two p rce part t on to separate t e oillngs,
the marketability to developers.
Township(s) Range(s) Section(s) Tax lot(s)
175 2W 32 104
SECTION 2 must be filled out by a Local Planning Official
SECTION 2: Determination of CompliallcEl with Local Land Use Requirements'
The subject property is: IB'Inside 0 Outside City Limits 0 Inside 0 Outside UGS
Current Comprehensive Plan designation: M \) I L- DR Current zoning: CG / L \) p.,
f- ,
Is a Comprehensive Plan or zoning amendment proposed? YES 0 NO W
If YES, list the proposed plan designation: proposed zoning:
Does the activity, use, or development require land use review to determine compliance with land use regulations? YES IYf NO 0
If NO, it means that no local land use review is needed. Skip to local Planning Official Information below.
If YES, what is the status.of the land use application: 0 Approved 0 Denied 0 Under review ca'Not yet received
List file number(s):
Is the decision final: YES 0 NO 0
Comments:
Local Plannin Officiallnfonnation Re uired):
Jurisdiction: C. j J 01 S' ri n ~ D '" 1 ~
Print planning official's name and title:
Mailing Address: _ -
ZC07 f"jf
City: "" D / F - "-
j/ 'f:Z}AJD Let. v
Phone: '7 t) \. 7 <Go 3k -4 '1
Email: I
5t-c'P<:I,us @ e1. ~?Y:I.l..bCid), ,erg. US
Planning Official's Signature: S~ ~
?/Q,-.O/I eJ L
Fax:
Zip Code:
mittal
Date: (p _ &; r) U
734-2680 (8/08)
Page 4 of 4
.
.
LIMITED POWER OF ATTORNEY
The undersigned, BRETT WILSON, lJ'rr o.f F~f1 of Hayden Homes, LLC, an
Oregon limited liability company (the "Company"), hereby appoints and designates MicheaI M.
Reeder as his attorney in fact to act on behalf of the Company in any and all matters relating to
the process of obtaining a tentative and final pmiition with the City of Springfield for the real
propeliy located at Map 17-02-32-00, Tax Lot 104. Hayden Homes LLC to be copied on all
cOlTespondence related to this pmiition.
DATED: December 15, 2009
Hayden Homes, LLC
BY:~~
. Brett Wil~ ~ I' /,
Tltle: !7. [7f iI<"1
STATE OF OREGON )
) ss.
COUNTYOF~ 1_ )
Dasc..huICs
This instrument was acknowledged before me on December 15, 2009, by BRETT
WILSON, asp, v- Bt- n"'QnU<. of Hayden Homes, LLC.
2-3 i2rO 1")-
Date Received:
JUL 2 2 2010
Original Submittal
I - LIMITED POWER OF ATTORNEY
C:\DQcl1ments and Settings\bwilson\Local Settings\Temporal)' Intemet Files\Col1{enlOlltlook\UOZVQOOR\Power of Attorney Hayden
121409.doc
.
Owner Name
WEYERHAEUSER REAL ESTATE DEVELOPMENT CO
CITY OF SPRINGFIELD
SAXON CECIL D
o & 5 MCKENZIE, LLC
MCCOY MICHAEL L & BECKY L and MCCOY JOHN H & ELSIE I
WAGNER CHELSEA D
PABOR EDWARD J
ROWELL DIXIE C
NOWAK DAVID M
NOWAK DAVID M
MILLER TRENT L & LAURA L
STOCKOALL ROBERT & BARBARA
LACHANCE EUGENE M & BARBARA
MCDONALD GLEN G & ROBIN L
.
Map and Taxlat
1702320000100
1702320000102
1702324200101
1702324202200
1702324300505
1702324300506
1702324300507
1702324306600
1702324306703
1702324306804
1702324306900
1702324307000
1702324307100
1702324307200
Date Received:
JUL 2 2 2010
Original Submittal
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TAX MAP 17-02-32, TAX LOT 104
WEYERHAEUSER HAUL ROAD (PRIVATE)
PARCEL 1
COMMUNITY
COMMERCIAL
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Original Submittal
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JUNE 25, 2010
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SHEET NO.
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EXPIRES: JUNE 30, 20/1
1 OF
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04/28/2010 12:25 FAX 54154~1
RETURN 10 CIISCIIDE 1~0.
RETURNrO CASC E.
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TITl.E NO. 026S94) K) Y'^
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TAX ACCT. NO. 1378393
MAPfTAX LOTHO. 1702 J2 '11}(
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1111111111111111111111111111111111111111111111111 $42,00
01145924201000203810010013 04/30/2010 09 :21: 30 AM
RPR-DEED Cnl=l Sln=8 CASHIER 02
55.00 511.00 516.00 510.00
WARRANTV DEED -- STATUTORY FORM
"
D."y CI.rk
and Records
~017/017
Division of Chief
Lan. County D..ds
JHD3. LLC, In DnllOD Uraititd Li8bility Company. Cranlor,
conveys and warrants 10
HA YDIN HOMES, LLC. a.. Onlton Limited Liability Complny, CrlntH."
Ihe following described ful property fret afcncumbmlces CllCtpt lIS specirlCally sel forth herein:
Lots 1,1. 14,20,21,99,100, and Tract A, WESTWfND ESTATES. liS planed wi recorded Deeember 23.
2009. Document No. 2009-{)70S7S, Line CoonI)' Deeds and Records.. aU in lAne County, Oregon.
BEFORE SICN'INC OR ACC[PTING TH1S INSTRUMENT, THt PDlSON TRANSFERRING PEE TITLE SHOULD
INQUIRE ABOlJT mE rERSON'S RIGHTS. IF ANY. UND!:R ORS 191.300.195..)01 AND ItS.JOS TO 195.JJ6 A~D
SECTIONS 5 TO II. CHAPTERtl., ORECON lAWS :z007, ANDSECT10r-.s 1 T09AND 17, CHAPTER ISS.
ORECON LAWS 1Ot9. mas UtSTRUMfNT DOES NOT ALLOW USE 0' nil PROPi:RTY DESCRJBf.D IN THIS
INSTRUMENT IN VIOLATION or APPLICABLE -LAND USE LAWS AND REGULA nONS. RFORE SICNING
OR ACCEmNC11IlS INSTRUMENT, nil: PERSON ACQUIRING ,t~ TI11.2l'O THI PROPERTY SHOULD
CHICK WITH 11IE APPROPRIATE em UR COUNTY PLANNING DEPARTMENT TO VERIn'THAT THE
UNtT OPLAND BEING TRANSJERRED IS A lAWFtlu.v ESTABUSHED LOT oa PARCEl,. AS DEFINED IN
oas 91.010 OR 115.010. TDVIRIJfl' TH!. APPROVED USIS Of THE LOT OR PARCEL. TO DETERMINE 4NY
LrMm ON lAWSUITS ACAINST 'ARMING OR PORIST PRACTlCES. AS DEFll'IIEDtN ORSJO.930.ANDTO
INQUIRE ABOUT Tlfl RIGHTS or NEICHBORING PRO'UTY OWNItR.!J.IF ANY. UNDER OllS 19!..lOO.19'5.J01
AND 195.lO5 TO J95.JJ6 AND SECTIONS 5 TO 11. CHAPTER 012., ORrcON U WS JI07, AND SECTIONS 2 TO 9
AND 17.CIfAP'TtR 155, ORECON LAW51OO9.
E.'(cepl t~ rollowing encumbnmces:
Co'O'enanr:s. Conditions. Restrictions, Easements and Righls orwl'y ofro;on:l. ir any.
The true considemtion for this conveyance is S204,6OO.00.
Dated this 2. 5~ day of A P fL \ \.-- 'h:?l 0 .
IHDl. LLC
BY,
DENN MUR.PHY, CHIEF EXECUnVE OFFICER.
This Uutnamenl _, IdmowJedsod befOre me on
CHIEF EXECUTIVE OFFICER OF JHO). LLC.
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Suite of Ore&on
Coullry ofOesehulrs
JHD1, LLC
1464 SW GLACIER. PLACE. STEI ]0
REDMOND. OR 91756
GRANTOR'S NAME AND ADDRESS
Uncil a change is requatcd
.11 tax stllcments lhall be
sent fO the following address:
...SAME. AS GRANTEP"
HA VDEN HOMES, LLC
2464 SW G1.ACIER. PLACE. STE. II Q
R.EDMONO. OR 91156
GRANTEE'S NAME AND ADDRESS
AfteT~COfdin8retu"'to:.
CASCADE TITLE CO.
811 W1LLAMEnE
EUGENE, OR 97401
Date Received:
JUL 2.2 2010
Original Submittal
.
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
1l00302POS0600
.
Policy No.: 7061-1483968
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
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 the address shown In Section 18 of the Conditions.
COVERED RISKS
SUBlEcr TO TIlE EXCLUSIONS FROM COVERAGE, TIlE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND TIlE
CONomONS, FIRST AMERICAN TITLE 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 1055 or damage, not e)(ceeding 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 includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency,
incalladtv, or impersonation;
(II) failure of any person or Entity to have authorized a
transfer or conveyance;
(iii) 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 'cry electronic means authorized by law;
(v) a document executed under a falsified, expired, or
otherwise invalid power of attorney;
(vi) a document not properly 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 term "encroachment" includes encroachments of
existing Improvements located on the Land onto adjoining
land, and encroachments 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) resbicting, 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 creditors' 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 ofthe 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 Uen 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 litle 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 COMPAtrf OF OREGON
By:
Attest:
President
Secretary
Date Received:
JUL 22 2010
Original Submittal
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and
the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) My law, ordinance, permit, or governmental regulation (including those
relating to 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;
(til) the subdlvlsion 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 Covered Risk 5.
(b) Any governmental poUce 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 Oaimant;
(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;
(e) resulting \n 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 Oaimant had paid value for the litle.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency,
or similar creditors' rights laws, that the transaction vesting the litle 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 litle as shown in Schedule A.
CONDmONS
1. . DEFlNmON OF TERMS
The foHowing 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 the Insured by operation of law as
distinguished from purchase, Induding 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;
(0) a grantee of an Insured under a deed dellvered 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 e.stablished bv \:he Insured named
in Schedule A for estate planning purposes.
.
Policy Page 2
polley Number: 1483968
(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 Oalmant": M Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge
or notice that 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 other seOJrity
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 imparting constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With
respect to Covered Risk Sed), "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.
(j) "Title": The estate or Interest described In Schedule A.
(k) "Unmarketable Title": litle affected by an alleged or apparent matter that
would permit a prospective purchaser or lessee of the litle or lender on
the litle to be released from the obligation to purchase, lease, or lend If
there is a contractual condition requiring the delivery of marKetable title.
2. CONTINUATION 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 Tltle, 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 litle, as insured, is
rejected as Unmarketable litle. If the Company is prejudiced by the failure of the
Insured Claimant to prOVide prompt notice, the Company's liability to the Insured
Oaimant 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 of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and SUbject to 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. The
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
(nsured 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
Date Received:
JUL 2 2 2010
Original Submittal
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 or proceeding or to do any other act that in its opinion may be
necessary or desirable to establish the litle, as Insured, or to prevent or
reduce loss or damage to the Insured. The company may take any
appropriate action under the terms of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not be an
admIssion of liability or waiver of any provisioii of this policy. If the
Company exercises its rights under this subsection, It must do so
diligently.
(c) Whenever the Company brings an action or asserts a defense as required
or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction, and it expressly
reserves the right, in Its sole discretion, to appeal any adverse judgment
or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, including the
right to use, at Its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, proseroting or defending the action or
proceeding, or effecting settlement, and (Ii) in any other lawful act that In
the opinion of the Company may be necessary or desirable to establish
the Title or any ether matter as insured. If the Company is prejudiced Uy
the failure of 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, wjth regard to the matter or m(ltters 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, If requested by any authorized
representative of the Company, the Insured Claimant shall 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 loss or damage. All
infonnation 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, produce any reasonably requested information.
or grant permission to seaJre 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. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF UABIUTY
In case of a claim under this poliCY, the Company shalt have the folloWing
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the Amount of Insurance under this polley
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 Dolicy, other than to
make the payment required in thIS subsection, shall terminate, Including
any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Payor otherwise Settle With Parties Other Than the Insured or With
the Insured Claimant
(f) 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 Claimant 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: 1483968
attorneys' fees, and expenses Incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this
polity for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any Iiabillty or Obligation to defend, proseOJte,
or continue any litigation.
8. DETERMINATION AND EXTENT OF UABILITY
This policy is a contract of indefl'mlty 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 pollcy.
(b) If \:he Company pursues its rights under 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
Oalmant 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. UMITAnON 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 litle, all as Insured, in a
reasonably diligent manner by any method, Including litigation and the
completion of any appeals, it shalt have fully perfOlmed 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, including litigation by the Company or with
the Company'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. REDUcnON OF INSURANCE; REDUCTION OR TERMINATION OF
UABILITY
All payments under this policy, except payments made for costs, attomeys'
fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment
11. UABILITY NONCUMULAnVE
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 SETTLEMENT
(a) Whenever the Company shalt have settled and paid a claim under this
polity, 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
claim that the Insured Oaimant has against any person or property, to the
extent of the amount of any loss, costs, attomeys' fees, and expenses
paid by the Company. If requested by the Company, the Insured Oalmant
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
Involving these rights and remedies.
If a payment on 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.
Date Received:
JUL 2 i 2010
Rrst American Title Insurance Company of Oregon
Original Submittal
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 Title Association ("Rules"). 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 Clre not limited to, any controversy or
claim 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 ctaim arising out of the I:ronsaction giVIng
rise to this policy. AU 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 (n excess of
$2,000,000 shall be arbitrated only 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. UABIUTY UMlTED TO THIS POliCY; POliCY ENTIRE CONTRACT
(a) This polley 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.
.
Pollcy Page 4
Policy Number: 1483968
(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 expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (iii) extend the
Dare of Policy, or (Iv) increase the Amount of Insurance.
16. SEVERABIUTY
In the event any provision of this polley, 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, but all 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
therefore in reliance upon the law affecting Interests in real property and
applicable to the interpretation, rights, remedies, or enforcement of
polides 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 determine the val1dity of claims against the
Title that are adverse to the Insured and to interpret and enforce the
terms of this polley. In neither case shall the court or arbitrator apply its
conf\itt5 of law princ'lples 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
wlthin the United States of America or Its territories having appropriate
jurisdiction.
lB. 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: Oaims Department
POLICY OF TITLE INSURANCE
Date Received:
JUl 2 2 2010
Original Submittal
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
.
.
Policy Page 5
Policy Number: 1483968
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.: 7061-1483968 Policy No.: 1483968
Address Reference: Daisy Street and 48th Street, Springfield, OR 97478
Amount of Insurance: $2,100,000.00 Premium: $2,438.00
Date of Policy: December 31,2009 at 11:35 a.m.
1. Name of Insured:
JHD3, LLC, an Oregon limited liability company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
JHD3, LLC, an Oregon limited liability company
4. The Land referred to in this policy is described as follows:
See Exhibit "An attached hereto and made a part hereof
Date Received:
JUL 2 2 2010
Original Submittal
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6~17-06)
.
.
Policy Page 6
Policy Number: 1483968
SCHEDULE B
File No.: 7061-1483968
Policy No.: 1483968
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.
This exception (#5) is hereby waived without additional cost in accordance with the provisions of
the Oregon TItle Insurance Rating Manual provision 5.001 A 5 PROVIDED a Lender has been
issued a simultaneous title insurance policy on the subject property and to the extent this
exception has been eliminated or modified on said Lender's policy.
6. Easement, including terms and provisions contained therein:
Recording Information: April 29, 1936 in Book 186, Page 175
In Favor of: Eugene-Springfield Land and Water Company
For: irrigation canal
7. Easement, including terms and provisions contained therein:
Recording Information: August 19, 1966, Reception No. 58163
In Favor of: City of Springfield
For: electric transmission and distribution
8.
Easement, including terms and provisions contained therein:
Recording Information: August 19, 1966, Reception No. 58164
In Favor of: City of Springfieid
For: electric transmission and distribution
Date Received:
JUL 2 2 2010
Original Submittal
First American Title Insurance Company of Oregon
Form No. 1402.06
ALTA OWner's Policy (6-17-06)
.
.
Policy Page 7
Policy Number: 1483968
9. Easement, including terms and provisions contained therein:
Recording Information: July 05, 1983, Reception No. 83-22991
In Favor of: City of Springfield
For: electric transmission and distribution
10. Easement, including terms and provisions contained therein:
Recording Information: July 05, 1983, Reception No. 83-22992
In Favor of: City of Springfield
For: electric transmission and distribution
11. Easement, inciuding terms and provisions contained therein:
Recording Information: September 12, 1983, Reception No. 83-32317
In Favor of: City of Springfield
For: pubiic water utility
12. Agreement concerning road use dedication, construction and maintenance agreement, including
terms and provisions thereof.
Recorded: September 24, 1985, Reception No. 85-33776
13. Covenants, conditions, restrictions, reservations and/or easements, as contained in a Deed; but
deleting any covenant, condition or restriction indicating a preference, iimitation or discrimination
based on race, color, religion, sex, handicap, family status, or national origin to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: November 20,2001, Reception No. 2001-077441
14. Restrictions, easements and/or notes as shown on the plat.
15. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: December 23, 2009, No. 2009-070576
16. Regulations and Assessments of Westwind Estates Homeowner's Association, as set forth in
Declaration recorded December 23, 2009.
17. City of Springfield Stormwater Treatment Facilities Operation and Maintenance and Grant of
Easement Agreement and the terms and conditions thereof:
Between: City of Springfield, an municipal corporation
And: UbertyBank, an Oregon chartered bank
Recording Information: December 23, 2009, No. 2009-070577
18. The follOWing pertain to lender's Extended coverage only:
a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey wouid disclose.
b. Parties in possession, or claiming to be in possession, other than the vestees shown
herein.
c. Statutory liens for labor and/or materials, including liens for contributions due to the
State of Oregon for employment compensation and for workman's compensation, or any
rights thereto, where no notice of such liens or rights appears of reco~ate Received:
JUL 2 22010
Rrst American Title Insurance Company of Oregon
Original Submittal
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
.
.
Policy Page 8
Policy Number: 1483968
19. Deed of Trust and the terms and conditions thereof.
Loan No.: 315746-39120
GrantorjTrustor: JHD3, LLC, an Oregon limited liability company
Grantee/BenefiCiary: Washington Trust Bank
Trustee: Brad L. Williams, Attorney of Law
Amount: $1,566,500.00
Dated: December 30, 2009
Recorded: December 31, 2009
Recording Infonmation: 2009'072140
Date Received:
JUl ? 22010
Original Submittal
First American Title Insurance Company of Oregon
Form No. 1402.06
AlTA Owner's Policy (6-17-06)
.
.
poncy Page 9
Policy Number: 1483968
EXHIBIT "A"
File No.: 7061-1483968
Policy No.: 1483968
Real property in the City of Springfield, County of Lane, State of Oregon, described as foilows:
LOTS 1 TliROUGH 101, and TRACTS "A" THROUGH "G", WESTWIND ESTATES, AS PLATTED AND
RECORDED DECEMBER 23, 2009, RECEPTION NO. 2009-070S75, OFACIAL RECORDS OF LANE COUN1Y,
OREGON, IN LANE COUN1Y, OREGON.
APN: 1378395
Date Received:
JUL ~ 2 2010
Original Submittal
First American Title Insurance Company of Oregon