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Home My WebLink AboutApplication APPLICANT 6/28/2010 . ij :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Tentative Plan Partition, Subdivision . - licant Name: Saul Weinstein Phone: 541-681-4845 Com an : LibertyBank Fax: Address: 355 Goodpasture Island Rd, Eugene OR 97401 541-344-1739 A Iicant'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 Pl, Ste 110, Redmond OR 97756 ASSESSOR'S MAP NO: 17-02-32 TAX LOT NO S : .;l;Q4' 2-z.cO Address: none Size of Pro e 5 75 Acres ~ S uare Feet 0 Pro osed Name of Subdivision: Description of If you are filling in this form by hand, please attach your proposal description to this application. Pro 05al: The owner is proposing a two parcel partition to separate the zonings, thus increasing the marketability to developers. Existin Use: # of Lots/Parcels: Si natures: Please si 2 - I - t . . Associated A lications: ns: Reviewed b Case No.: A Iication Fee: - - Revised 11.19.09 PRE ~eW~drd;T. f.4iffli .. .. n__.... _ ~ _k..~ _. ~., JUN 2 8 2010 ,JZvl D- roOD" TOTAL FEES: 1 of 10 "0".' '.' , ---.:; '"' , . . . Land Division Tentative Application Process 1. Applicant Submits a Land Division Tentative Application for Pre-Submittal o The application must conform to the Land Division Tentative Submittal Requirements Checklist on pages 4-6 of this application packet. o A pre-submittal meeting to discuss completeness is mandatory, and pre-submittal meetings are conducted every Tuesday and Friday, from 10:00 am - noon. o Planning Division staff strives to conduct pre-submittal meetings within five to seven working days of receiving an application. 2. Applicant and the City Conduct the Pre-Submittal Meeting o The applicant, owner, and design team are strongly encouraged to attend the pre- submittal meeting. o The meeting is held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall's office, and the Planning Division and is scheduled for 30 to 60 minutes. o The Planner provides the applicant with a Pre-Submittal Checklist specifying the items required to make the application complete if it is not already complete, and the applicant has 180 days submit a complete application to the City. 3. Applicant Submits a Complete Application, City Staff Review the Application and Issue a Decision o A complete application must conform to the Land Division Tentative Submittal Requirements Checklist on pages 4-6 of this application packet. o A Type II decision, made after public notice, but without a public hearing, unless appealed, is issued within 120 days of submittal of a complete application, o Mailed notice is provided to property owners and occupants within 300 feet of the property being reviewed and to any applicable neighborhood association. In addition, the applicant must post one sign, provided by the City, on the subject property. o There is a 14-day public comment period, starting on the date notice is mailed. o Applications are distributed to the Development Review Committee, and their comments are incorporated into a decision that addresses all applicable approval criteria and/or development standards, as well as any written comments from those given notice. o Applications may be approved, approved with conditions, or denied. o At the applicant's request, the Planner can provide a copy of the draft land use decision prior to issuing the final land use decision. o The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. o The decision issued is the final decision of the City but may be appealed within 15 calendar days to the Planning Commission or Hearings Official. PRE-SUBMITTAL REC'O JUN 2 8 2010 Revised 11.19.09 3 of 10 . ~. ..::-..:...'.:..-.....:.-... " . . 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. ~ ~ N/AO 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. o ~ 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 8V2"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 Seoping Sheet Attached - The plan, supporting calculations, and documentation must be consistent with the Engineering Design Standards and Procedures Manual. ~ o o 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 operatibns, 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. Seven (7) Copies of the Following Plan Sets for Pre-Submittal OR Eighteen (18) Copies of the Following Plan Sets for Submittal o All of the following plans must 'include the scale appropriate to the area involved and sufficient to show detail ofthe plan and related data, north arrow, and date of preparation. ~ All plan sets must be folded to 8W' by 11" and bound by rubber bands. a. Site Assessment of Existing CO,nditions PRE-SUBMITTAL RECID o Prepared by an Oregon licensed Landscape Architect or Engineer JUN 2 8 2010 [ij Vicinity Map -. _.:.....-....;..:....~-- Revised 11.19.09 4 of 10 ., . . ~ 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. ~ 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 Q<j The loo-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 ~ 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 [1g 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 outcropp,ings ~ 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 [23 Prepared by an Oregon licensed Land Surveyor N!AD City boundaries, the Urban Growtb Boundary, and any special service district boundaries or railroad right-of-way which cross or abut the proposed land division [] Location and width of all existing and proposed easements on and abutting the proposed land division Qg Boundaries 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. [] Location of existing and required traffic control devices, fire hydrants, power poles, transformers, neighborhood mailbox units and similar public facilities Q<j Location and dimensions of existing and proposed driveways [] Location of existing and proposed transit facilities ~ Location and width of all existing and proposed sidewalks, sidewalk ramps, pedestrian access ways and bike trails lKJ 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 to the site including sanitary sewer mains, stormwater man~gem.eTt;\~stems~Water mains, power, gas, t I h d bl TV I d' hlJ ...'1." "1l ,"" !<PtfJ'U ' e ep one, an ca e . n Icate t e .'r.oposeu connec on pOints . JUN 2 8 2010 Revised 11.19.09 5 of 10 _~._...::--. ,"';"b'__ "\. . . 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. Storm water Management Plan N/A 0 Prepared by an Oregon licensed Civil Engineer N/A D Planting plan prepared by an Oregon licensed Landscape Architect where plants are proposed as part of the stormwater management system N/A D Roof drainage patterns and discharge locations N/A D Pervious and impervious area drainage patterns N/A D 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 D Amount of proposed cut and fill D 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/AD Proposed deed restrictions and' a draft of any Homeowner's Association Agreement N/A D Additional plans and documentation for submittal of a Cluster Subdivision proposal as specified in SDC 3.2-230 N/A D 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 D A Geotechnical Report prepared by an engineer must be submitted concurrently if there are unstable soils and/or a high water table present N/AO Where the development area i~ within an overlay district, address the additional standards of the overlay district N/AD 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 specified in SDC 5.9-100 and 5.21-100 ~ N/AO N/AQ PRE-SUBMITTAL REC'O JUN 2 8 2010 Revised 11.19.09 6 of 10 ..'_. .:~-_:..:.:.,--~. N/A[] N/A(] Revised 11.19.09 . . 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 PRE-SUBMInAL REC'O JUN 2 8 2010 -_.'-.._~ ....!::....._-~ 7 of 10 ,.~i ..<CO" ""'" . . WRITTEN STATEMENT FOR THE LIBERTVBANK TENTATIVE PARTITION ApPLICATION This application is a proposal to partition the vacant property at the southwest comer of the Main StreetlWeyerhaeuser 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. 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 :<,:oning 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 of the wetlands. However, the two parties have decided to leave the zone line as monurnented. This has the benefit of being consistent with surrounding lands and existing documentation for the site, thus eiiminating possible confusion now or in the future. It is not necessary to dedicate any land to the city. Since the layout and location of future 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 ofthe 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 with the construction of roads and buildings on the Courtney Gravelly Silty Clay Loam and Pengra Silt Loam. Geotechnical reports are most helpful and cost 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. PRE-SUBMITTAL REC'O JUN 2 8 2010 L" ...-:"- ...J.... ....~ . . 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. PRE.SUBMITTAl REC'D JUN 2 8 2010 t:' . . LIMITED POWER OF ATTORNEY The undersigned, BRETT WILSON, /J'if 0..[ hLn 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 correspondence related to this pm1ition. DATED: December 15, 2009 Hayden Homes, LLC BY:~~ . Brett Wil~ ~ I' J... TItle: /7. or ofl/l STATE OF OREGON ) ) ss. COUNTYOF~ 1_) DaSChu1<'5 This instrument was acknowledged before me on December 15,2009, by BRETT WILSON, as PI r Vf- hY'lQh UI.. of Hayden Homes, LLC. 2-3 100 ld- PRE.SUBMITTAL REC'O JUN 2 8 2010 . _...;... ~-_.....~ I - LIMITED POWER OF ATTORNEY C:\DocumenlS and Settings\bwilson\Local Senings\Temporary Internet Files\ContentOutlook\UOZVQOOR\Power of Attorney Hayden 121409.doc " ~."'" Fax: (541) 736-1021 PUBLIC WORKS DEPARTMENT I Engineering Division _ (Area below this li1le jilled Ollt by Applicant) ---- (please retllrn to Matt Stollder@City oj 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: renep""br"n'-'henrrineerina "nm . . ,{.} :.: "~:W '''';;;;~,,"_':'~JJ,- ~.~, '. .,..";;-.'J' .. .~ ,;.,.,_.,,~,. -', ' .~ ~~.,.~ c' .... '. " :'l '-,:~':: ...'... '.. '. 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 southw~st corner of the Main Street/Weyerhauser Haul Rd. intersection. This partition is proposed to separate the zonings, thus increasing the marketabil~tJ to developers. The stormwater facilities will be installed with future, physical developments. Drainage Proposal (public connection(s), discharge location(s), etc. Attach additional sheet(s) if necessary: None Proposed Storm water Best Management Practices: None _ (Area below tlris lhle filled 011I bv tire Citv and Retllrned to tire Aoolicantl - (At a minimum, all boxes checked by the City on the front and back oJ this sheet shall be submitted Jor an application to be complete for submittal, although other requirements may be necessary) Drainae:e Study TVDe (EDSPM Section 4.03.2): (Note. UH may be substituted for Rational Method) 0 Small Site Study - (use Rational Method for calculations) 0 Mid-Level Development Study - (use Unit Hydrograph Method for calculations) 0 Full Drainage Development Study - (use Unit Hydrograph Method for calculations) Environmental Considerations: 0 Wellhead Zone: 0 Hillside Development: 0 WetlandlRiparian: 0 Floodway/Floodplain: 0 Soil Type: 0 Other Jurisdictions: Downstream Analvsis: 0 N/A 0 Flow line for starting water surface elevation: 0 Design HGL to use for starting water surface elevation: 0 Manhole/Junction to take analysis to: Return to Matt Stouder Iii) Cilv ofSnrin<Jfield, email: mstouder(alci.sDrij)mtU;i(l.m-~q~rll1i\x~~ttml736-1021 ,J _I'.... "'..,_....... . STORMW A TER MANAGEMENT SYSTEM SCOPE OF WORK JUN 2 8 2010 Revised 11.19.09 _~ g,f 10 " " COMPLETE STUDY I~MS ~romcialUSeOnlY * Based upon the information provided on the front of this sheet, the foilowing 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 approval; Additional site specific informationmay be required Note: Upon scoping sheet submittal, ensure completedform has been signed in the space provided below: Interim Design Standards/Water Quality (EDSPM Chapter 3) Req'd NIA o 0 All non-building rooftop (NBR) impervious surfaces shall be pre-treated (e.g, multi-chambered catchbasin wloil 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 of Environmental 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 3,03.1 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 drainage 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 10 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 18 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 D Manning's "n" values for pipes shall be consistent with Table 4-1 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 4-1 as well. OtherlMisc o 0 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 stormwater flows from one property to another o 0 Drywells shall not receive runoff from any surface wlo 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: wW\v.deo.state.or.us/wa/ffoundwaluichome.hcrn 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 'This form shall be included as an attachment, inside the front cover, of the stormwater study 'IMPORT ANT: ENGINEER PLEASE READ BELOW AND 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: ~ f(H1U (Io":t Date: (o/tz.l1o . . PR~.SUDiviiTiAl REC'O JUN 2 8 2010 Revised 11.19.09 10 of 10 I. I . ""1:1 ;::0 rn . '- c:.n c c::: z: cc N> :s;: QIO ~ '" r-- Cl ;::0 Cl rn \) d ;5~"\(.\ Me MC M 31 I 32 ~ \\~.. 105 "if \~~. \~t "905 M; fig \\ T I '...., II \,~'''' \: i. . I ~...._, '~'\ '1:";,, ; #)/ q .. ~ '-.I' ~f ~ SEE MAP .ll~ ~ ~ ~?d:'~ 1170232~ ~~...~...;",~,~ I -~- - 0 ~.:~~::: TAX r,"Tl!2-ON- ~ 21.!Q."m"..ca..' MAP 170231 NW COR. ,~ ~ H. JOHNSON .~ N I D.LC. 62 ~ : l E srREET j . i SEE MAP SE '.. . ~7 02 ~2 2;" CO~E ,~ , C. 61 ~ 6.0 """'~NECOR'I R'D.~P~I SEE""'bETAIL WSW COR. --~.f.;- H. JOHNSON MAP /lO.1 i: D.LC,62 , ;~ ~~:-~'-';I'I~&o.:ARDS _ <'.w /'J-"'~Ci,.' :o~;" ''':f'o''-' . 'I DLC;55 "- lit 5.. Mop 1702322<l "0' ~ i ~ I ' i ~ ~~ l~ _. :~ FOR ASSESSMENT AND TAXATION ONLY o ;; N o , ~ ~ ~ ~ ;; ~ ~ ~ ~ t I' , n N o . " N " " i~ W'iNI COR. ::J TO EDWARDS It! OLe. ~5 ~ , r; See MOp 17 OZ 32 3 ~ ~ ~ ESE COR. R. HARPER C.57 J~:..._ , 5 , " SEE MAP 1602 05 22 SCALE 1~ - 400' ~ SE~~70229 f: ",,.,./ ,...""., --;CL--;--"-----.---.--<:~~-:~~~-:~~;-:~~.,----------.--.~-,;~W:-) ~-:-~;;..-;----~::-:--~--_- I ~-.- I ~"'''. "I" S37B31 ~:::::... ! ~:;~~ LOTTED ON I TAX LomD ON 6?\@:J I ~~ MAP 17 02 281 MAP 1702 29 ~'@i~) ....,..,.." I ro@W''ff I n'._ ;-.... I rif):.'<::!J ,~~ s,nnl I I'~~:.", 'I/,,:"::;~r" ~CL ~ """--'"'''-'''"''''' "'''';''- ,,'G' SEC. 32 T.17S. R.2W. LANE COUNTY W.M. SoN COR. D.HARKINS D.LC.61 ....,..,... ,,~.. .. . ~~.<^ ~"~"<7>.~~."".. (QJ19~(QJ(QJ "-7s, ""4~ ,. I , , I , I I I I , 'I ,I I II "HO~' ,400 I SEE MAP 17"02'32-<1.2 , 1 Su 32 -4 '3 .'"'''0''''' APPRrlX. ' 1/4 COR. ~ -,- - - -.-"I~'(lN AVE."=" SEE MAP HI 02 05 21 SEEt.!AP18020512 I -. I '.1' ~m~:~i;~, .:. ....,,-...c ;f!i:;::::;~:., ~ 'I ...::......_...P. t, ....._==::.. ,tl.;"'~' 1 '0- SEEDETAlLIM.PNO.3 "-',,-~ '....,.--z >') CSW COR H. JOHN ~'::, i' NE COR NW CelR::: TO EDWARDS AW H.o-M D.LC,55 D.LC. .3 100 1 li ... , . NCft1'HCST .. " . ! , 11 .. , .. -' !~ ~ I: ", ~~::]:. .... : 17 02~32 4-1 :. . I; I' - - o M'KEN'ZIE ,,' .' " " u:s_ ~-... I ------1- SEE DETAJL I " MAPND.2 I :t !l.l?J1C. -'I I n c. ~". " '. 17 02 32 & INDEX NAD 83/91 ~ N ~=" 0 .~ ~ .00. ... ~ ..00 '00 ~. ~ ~. ~ '00 '00 '" . '" '" TREET_ '" ,.. ~ 00. ~ ~ ~. ~ ~ ~ ~ W W ~ N n ~ ~ ~ ~ W . W ~ ~ ~ ~ ~ ~ ~ :".'~'r:"...~ '''.u'..-.. "<."':U'~,J'" 17 02 32 & INDEX . Owner Name WEYERHAEUSER REAL ESTATE DEVELOPMENT CO CITY OF SPRINGFIELD SAXON CECIL D SWINNEY STEVEN C & LINDA K and OMLlD OJAY & BRENDA E MCCOY MICHAEL L & BECKY L and MCCOY JOHN H & ELSIE I WAGNER CHELSEA D PABOR EDWARD J ROWELL DIXIE C NOWAK DAVID M MILLER TRENT L & LAURA L STOCKDALL ROBERT & BARBARA LACHANCE EUGENE M & BARBARA MCDONALD GLEN G & ROBIN L NOWAK DAVID M . . Map and Taxlot 1702320000100 1702320000102 1702324200101 1702324202200 1702324300505 1702324300506 1702324300507 1702324306600 1702324306703 1702324306900 1702324307000 1702324307100 1702324307200 1702324309901 PRE-SUBMITTAL REC'D JUN 2 8 2010 -'---...." - " DI"lslon~i'c-~uty Cle..k lene County Deeds and Reco..ds Ii!J 017 /017 04/28/2010.12:25 FAX 541.61 RETURN TO CASCADE . CO. RETURN TO CASe E ~ ....0. CAIlCADe TrnE CD. , 2010-ol0J81 1111111111111111111111111111111111111111111111111 $U ,00 ~~O':v"N0Q2'~~~30~6~ 0.114592420100020381001001304/3012010 09:21:30 AM TAX ACer. NO. 1)1839' RPR-OEED Cnt=l Stn=8 CASHIER 02 MAPfTAXLOTNO. 1102321104 $!l.00 $11.00 $16.00 S10.00 WARRANTY DEED -- STATUTORY FORM JHD3. LLC. an Ongoa Limiled Liability Co~pan)'. Gl"1Intor, conveys and ""arrsnt5 10 HA YDEN HOMES. LLC. an ORlon Limited'Lilbillty Camplny. Cranm. Ihe following described real property fret orenelimbnmccs extcpt;as spedfically set forth he~in: Lois I, 2, 14,20,21,99, J 00,- and TnN:IA. WESTWIND ESTATES. as plat1cd and mordcd Oe<:cmber 23, 2009, Document No. 2009-070515, Lalle CDunry OeM and Records., all in Lane COWlt)', Oregon. BEPORE SIGNING OR ACC[PTING 11115 INSTRUMENT, THE P!Jt.SON TRANSF!:RRING fEE TITLE SHOULD 'NQUJREABOUTTHE PERSON'S RIGHTS. IF ANY. UNDER ORS 19!.300.195.301 AND IfS.J1IS TO 195.JJ6 AND S~CTION'S 5 TO II, CHAPTER 41". OREGON ~WS lOG'. AND SECTIONS J ro9AND 11, CHAPTER 155, OREGON LAWS lOtt. THIS lHSTRUMENT DOts f\l0T ALLOW USE OF mE PROPERTY O[SCRJBED IN TRlS INSTRUMf.NT IN VIOLATION or APrUCAOU-LAND USE LAWS AND u.cuUTIONS. BEFORE SIGNING OR ACCtmNCTHIS INSTallMENT, nIE PERSON ACQUIRING FEE TITLIt 1'0 THt PROPERTY SHOULD CHECK WITH nlE APraOf'tlIATE crrv OR COUNTY PLANNINC DEP4RTMENTTO VERIFY THAT THE UNIT OP UNO BEING TRANSI'ERRED IS A LAWfVLLY ESTABUSHED LOT 01. PARCEL, AS DEFINED IN OAS 91.010 OR 115.010, TO VlJUfY THE "PPROVED VSIS 0' THE LOT OR PARCEl., TO DETERMINEANV LIMITS ON LAWSUITS AGAINST 'ARMINe OR FOREST PRACTlCTS. AS DEFIl'tED IN ORS30.9JO,AND TO INQUIRE "-BOUT THE RIGHTS or NEIGHBORIf\lG PROPun OWNUS. IF ANY, UNDt.R OIlS 195.JOO, 19S...lO. AND 195.JO:!iTO 19s.JJ6 AND SECTIONS 5TO II,CHAPTER '14,ORECON LAWS1101,ANDSlcnONS1 TO 9 AND l1, CI'APTD 155, OREtON LAWS 1009. E.'lcept Ilk rollowing enc.umbnsnces: Covenants, Conditions, Resrriaions, Eas~mmls and Rights or W.'1 ofrCll;on:t, ir any. The true consideraiiO'n for this conveyance i~ $204,600.00. Dated.his 20~ day of APfL\\..-- '2-oID. This ~J was. aclrnowkdsod before me on I CH1EF EXECUTIVE OFFICER OF JH03, LtC: 4/n/JIJ ",\\\\\IIII1I1/,",f, ~~r-.G" A. Alva "'1.< ~~...,............(t"~~ ~~... ...Un~ :...,-. .~~ ~ ." ~OTAb.,.. ~ ~ : ~r ~ : =*:. ..... :*=- .1010 by DENNIS MURPHY AS ~ ~ : ~ "i ... PUBLIC l ~ ~ . . ~ ~ .... .... ~ ~~ fb;;......&~ -# ,- ifl'J.""ca=ro~\,,~ "'''I/III1I1''\\~ St81e of Oregon CoUIlt)' ofDescbules , JHDJ, LLC 1464 SW DLAelER PLACE. STEIIO REDMOND. OR 91156 GRANTOR.'S NAME AND ADDRESS Ulllila change is rtql.altd alll8Jt statements IhaI1 he senl to the following addretS: ---SAME AS GRANTEE.." HA YOEN HOMES, LLC 2464 SW GLACIER PLACE, STE. 110 REDMOND. OR 91756 GRANTEE'S NAME AND ADDRESS After rteOJding rdurn to: CASCADE TITLE CO. BII WlLLAMBTTE EUGENE. OR 91401 PRE.SUBMITIAL REC'D JUN 2 8 2010 L _ __-=-- __ . Form No. 1402.06 ALTA Owner's Policy (6-17-06) 1100302POS0600 . . 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 Of 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 SUBJECf TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDmONS, ARST AMERICAN mLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Tltle being vested other than as stated in Schedule A. 2. Any defect in or lien Of encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the l1tle caused by (I) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (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 by 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 Pubnc 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" indudes 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) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the l..andi (c) the subdivision of land; or (d) environmental protectlon 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 pollce 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 of the failure of its recording in the Public Records (i) to be timely, or (ii) to Impart notice of its existence to a purchaser for value or to a judgment or lien aedltor. 10. Any defect In or lien or encumbrance on the Trtle or other matter Induded 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 Polley and prior to the recording of the deed or other Instrument of transfer In the Public Records that vests: Title as shown In Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided tn the Conditions. Title Insurance Company of Oregon dba FIRST AMERICAN TITLE INSURANCE COMPAfff OF OREGON ~_&~~"""..'\""~,, ~:~..'1"'~ I> '" \LE~o .....;l: ~,1;,i ""'~ ?o; '. If. ~ ~. . '<<:::::~~i:}q By: Attest: PresIdent 5ecretal)'PRE.SUBMITIAL REC'D JUN 2 8 2010 L -~..:.- Form No. 1402.06 . ALTA OWner's Policy (6-17~06) EXCLUSIONS FROM COVERAGE The foHowing matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneYS' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pennlt, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy,. use, or enjoyment of the Landi {Ii} the character, dimensions, or location of any improvement erected on the Land; (iil) the subdivision of land; or (iv) environmental protection; or the effect of ariy violation of these laws, ordinances, or governmental regulations. This Exclusion lea) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power, This Exclusjon l(b} does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Caimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known, to the Insured Calmant 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) resuJting in no loss or damage to the Insured Caimant; (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 daimant had paid value for the Title. 4. Any claim, by reason of the. operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) , a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5, AfT'{ lien on the Title for rea! estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, CONomONS 1. DEFlNmON OF TERMS The" following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and llof these Conditions. (b) "Date of Policy": The date designated as "Date of pollcy" 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, including heirs, devisees, survivors, personal represelltati\tes, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (l) if the stock, shares, memberships, or other equity interests of the grantee are wholly~owned by the named Insured, (2) Jf 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 (Teated by a written instrument established by the Insured ,named in Schedule A for estate planning purposes. . Policy page 2 Policy Number: 1483968 {ii} With regard to (A), (B), (e), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured daimant": An 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 security instrument, including one evidenced by electronic means authorl2ed by Jaw. (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 DJstrict Court for the district where the Land is located. (j) "Title": The estate or Interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that wouJd permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. 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 Sea) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title, If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured dalmant 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. s. DEFENSE AND PROSECUnON 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 Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shaH have the right, \n adtlition to the options conta'lned 'In PRE-SUBM/ITAL REC'D JUN 2 8 2010 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 Title, 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 provision 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 s.ea..lre to tl\e Company the right to so prosecute or provide defense in the action or proceeding, indudillg 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, prosecuting 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 other matter as Insured. If the Company is prejudiced by 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, with regard to the matter or matters requiring' such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at. such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, 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 information designated as confidential by the Insured Claimant prOVided to the company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary In the administration of the claim. Failure of the Insured Oaimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required In this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to i:hat claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF UABILITY In case of a claim under this policy, the Company shall have the follOWing additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Oaimant 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 polley, other than to make the payment required in this subsection, shall terminate, including any liablllty 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 (I) To payor otherwise settle with other parties for or in the name, of an Insured Claimant any claim Insured against under this poliCy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Oalmant that were authorized by the Company up to the time of payment and that the Company Is obligated to pay; or (il) 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 \s 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 potlcy for the claimed loss or damage, other than the payments reqUired to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF UABILITY This pollCf is a contract of indemni'r-t' against actual moneti'lry 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 Joss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (Ii) the difference between the value of the TItle as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights 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 Oalmant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Oaimant or as of the date It is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. UMITATION OF UABILITY (8) If the Company establishes the TItle, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as Insured, In a reasonably diligent manner by any method, including litigation and the completion of any appeals, It shall have fully performed its obligations with respect to that matter C1nd 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. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABIUTY All payments under this polfcy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment 11. UABIUTY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception Is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which Is a charge or lien on the Trtle, 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. RIGtfTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this pollcy, it shall be subrogated and entitled to the rights of the Insured Oaimant \n the Title am:! all o\:her 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, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Oaimant 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 ]n the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation In\/oNlng these rights and remedies. It a payment on account 'of a claim does not fully cover the loss of the Insured Claimant, the Company shalt defer the exercise of Its right to recover until after the Insured Oalmant shall have recovered its loss. PRE-SUBMITIAl REC'D JUN 2 8 Z010 First American Title Insurance Company of Oregon . -..~_.. Form No. 1402.06 . ALTA Owner's Policy (6-17-06) (b) The Company's right of subrogation Includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation.rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolldation with claims or contro\lers\es of other persons. Arbitrable matters may include, but are not Ilmlted 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 claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance Is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated 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. UABILITY UMITED TO THIS POUCYi POUCY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorpof(lt~d by Schedule A of thIs policy. . Policy 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, (fil) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABIUTY In the event any provision of this policy, in whole or in part, Is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but an 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 interpretatior\, rights, remedies, Of enforcement of pOlicies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land Is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply Its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be fiied only in a state or federal court within the United States of America or Its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this pOlicy must be given to the Company at 1 First American. Way, Sante Ana, CA 92707, Attn: Claims Department POLICY OF TITLE INSURANCE -.; A M E 1/ I C, . C' ,~ ~~;;~ ~1- ~~,~~ ~~ ~J,.~/!% .....,....~;:r_____:~1i-.:::- ---s- PRE-SUBMITTAL REC'D JUN 2 8 2010 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 litle Insurance Company: First American litle 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 "A" attached hereto and made a part hereof PRE.SUBMITTAl REC'D JUN 2 8 2010 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 iiens 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 isiuance 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 titie 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: eiectric transmission and distribution 8. Easement, including terms and provisions contained therein: Recording Information: Augu~t 19, 1966, Reception No. 58164 In Favor of: City of Springfield For: electric transmission and distribution PRE.SUBMITTAL REC'O JUN 2 8 2010 First American Title Insurance Company of Oregon Form No. 1402.06 . ALTA Owner's Polley (6-17~06) 9. 10. 11. . Polley Page 7 Policy Number: 1483968 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 Easement, including terms and provisions cDntained therein: RecDrding InfDrmatiDn: July 05, 1983, ReceptlDn No. 83-22992 In Favor Df: City Df Springfield For: electric transmission and distribution Easement, including terms and provisi<?ns cDntained therein: Recording Information: Septel)1ber 12, 1983, ReceptiDn No. 83-32317 In FavDr Df: City of Springfieid For: publicwater utility 12. Agreement concerning road use dedicatiDn, constructiDn and maintenance agreement, including terms and provisions thereDf. Recorded: ., September 24, 1985, ReceptiDn No. 85-33776 13. Covenants, conditiDns, restrictiDns, reservatiDns and/or easements, as contained in a Deed; but deleting any covenant, condltiDn Dr restriction indicating a preference, limitation Dr discrimination based on race, color, religlDn, sex, hahdlcap, family status, or natiDnal Drigin to the extent such covenants, conditions or restrlctlDns viblate Title 42, Section 3604(c), of the United States Codes: Recording InfDrmatiDn: November 20, 2001, Reception ND. 2001-077441 14. RestrictiDns, easements and/Dr nDtes as shDwn Dn the piat. 15. Covenants, conditiDns, restrictiDns and/or easements; but deleting any covenant, condition or restriction indicating a preference, IimitatiDn Dr discrlminatlDn based on race, color, religion, sex, handicap, family status, or natiDnal Drigin tD the extent such covenants, cDndltions or restrictiDns violate Title 42, Section 3604(c), Df the United States Codes: RecDrding InfDrmatiDn: December 23, 2009, No. 2009-070576 16. Regulations and Assessments of Westwind Estates HDmeDwner's AssDciatiDn, as set forth in DeclaratiDn recDrded December 23, 2009. 17. I. City Df Springfield Stormwater Treatment Facilities OperatiDn and Maintenance and Grant of Easement Agreement and the terms and conditiDns thereof: Between: City Df Springfield, an municipal corporation And: LibertyBank, an OregDn chartered bank " RecDrding InfDrmation: December 23, 2009, No. 2009-070577 18. The fDIIDwing pertain to lender's Extended coverage Dnly: a. Discrepancies, conflicts in boundary lines, shDrtage in area, encroachments or any other facts which a correct survey wDuld disclDse. b. Parties in possession, or claiming tD be in pDssessiDn, other than the vestees shown herein. c. Statutory liens fDr labor and/Dr materials, including liens for contributions due to the State of Oregon fDr employment compensation and for workman's compensation, or any rights theretD, where nD nDtice of such liens or rights appears of record. Arst American Title Insurance Company of Oregon PRE.SUBMITTAl REe'D JUN 2 8 2010 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. Wiiliams, Attorney of Law Amount: $1,566,500.00 Dated: December 30,2009 Recorded: December 31, 2009 Recording Information: 2009'072140 PRE-SUBMITTAL REC'O JUN 2 8 2010 ..-.-----..-,- - First American Title Insurance Company of Oregon Form No. 1402.06 . ALTA Owner's Policy (6-17-06) . Policy Page 9 Policy Number: 1483968 EXHIBIT "A" File No.: 7061-1483968 Policy No.: 1483968 Real property in the City of Springfield, County of lane, State of Oregon, described as follows: LOTS 1 THROUGH 101, and TRACTS "A" THROUGH "G", WESTWIND ESTATES, AS PLATTED AND RECORDED DECEMBER 23, 2009, RECEPTION NO. 2009-070575, OFFICIAL RECORDS OF LANE COUNTY, OREGON, IN LANE COUNTY, OREGON. APN: 137B395 PRE-SUBMITTAL REC'D JUN 2 8 2010 Rrst American Title Insurance Company of Oregon SECTION 32 T.17S. R.2W. W.M. lane County 1":400' \ \ I \ \ I "'...... 110231'1 ~: 10$ \'''AtoC LOT 3 ~_3' If " / ':0.. ,," ~-= "'...... ""'.. . 7 """" 1711'23222 f ~""'USEIlFlR I I co, " I ~:nrc: SWCOR. -.. OLe." " 2.!:!' ...-._ ~COR. . JOHNSON OLe.e2 ~ . "'...... """" .., ".AC . ",...... ....."".. --1 SEEW.P ] ,.,., o C, lf' t; r;.J( S 6'6C(,'g . J()<'''HH.'nc.(,.$diAAP .:, .it~~ ,..~. oa~:," 019-00 ." 1'I.f1toC , , l \ - '" '" '" SEE.......P '" '" Mt:~(.IU! CJ <jJ (---- --L~ ( ~ \--- ~,~ --- 8EE",",P 11022~ \ CSWCOR .,,,," OLe. (l 0 LC co. TO EOWAR05 a,l.ess .,,,oo WHoI.M T D,Le.) '" , "Ua,( '" ",...... 110'233.12 '" rJr- tiL seE IMP -- -._-.._-. I WI SEE MAP 1802c.OO 17023200 SPRINGFIELD _00'. "'_'D'~_"A"""'" C,l,HCEu.EO "" "" '" '" '" "" '" ". '" ." '" '" ." .. '" '" '" ." .., '" ." '" PkL \ 7t It REC'D JlJN 2 8 ZOW - ...'....lC6."..c.ucn.."""..._....TQ v.v.v'CI.L(;&nr..ctJIofI'....,IllCl! SPRINGFIELD 17023200 NW 1/4 S.E.1/4 Sec.32TI7SR2WWM. LANE COUNTY 17 02 32 4 2 ,".lOO' I - ::';::FoL':.,'-;_ Ii "..-+ SH IiIAP 1102 n +.,., - ",,- CAM:tLLEO 11&1 - - " i II t 01 9 -00 I , :.:;.:~<;:~ . . ~. ............. ".~ "on , , I , 1..,." - ",.. \~. .. -.., ... ,., I; ". ,., '''I~''/I. '00 3,'IOC, "/I. I , I , . I . il S_3!l710 , , ,. I I I , ?; ., ,'. ~ '. I! ., I ... "" . I . '., ",. . . . . , ! .' I . , , . .. ~ . " " a ~ ; .lL....... McKENZIE U.S. ..:.:....... 't- . .... , ' Ii "';.. .,. "'" ... '00 ,.. io.,,1(; ! .-... . . ." . . OZ~ . . : . i . .. 000 .O_UM: I .. I ".... E~~~HAW PLAT -I" I ;'000 .1100 <D VI: '.... ASTER ........ .' ....... SiA <-" LJ.H. PARK ..t' 00 ",Co _I r--!. <t, '00 . 17 .. ,'--, woo fft ,.... . I I I I " " I I . " - " I , . I : 2101 " , ; - I , , l "00 I, I . , . I, I ... ~,__I , . ........ I I "..-+ I ; I I I PRt-SL":; 'iI Tt\1 r~~'D JUN 2 8 2010 J.:" : 1)00 S:' 1400 - "00 ,,.. :' "00 :J .W .W 'a:: .>-1 '.. .. ~ I "'- "... ..,.... .. -' ~ 1:1- . 1102 .1 .~tt&t . iW 0".' ~11:f . .W '. ._ a::. J l-' _llH.&_...:J I . ~.~ : 1200 ...,.I... 5[[ M4P 11 02 '2 4 , FOR ASSESSMENT AND TAXATION ONLY 3lC)(r~ ... .. 3101 , ,. 5 ,~., ~ ".~ a:: ".f. ~~l- ..q;-.tj:z: l>.r1)Q.,O ON'"'<t!:! ~I-xj ct9g~ ~15s~ ,.....:. " IE ASTER .. ~~'... ,<00 ;3200 . 3202 .3302 , '. . . , 4101 <00, ~ , ~ ~ , ~ ~ . , ~ . ~~ . +100 <000 . . . " . . " g;g " ~. -< , ~~ ,: CAMELLIA ~ ~ ",," ~'~ ~4200 f'4301 :0.2$11;-, - t PCL 1,1- ~~ .... ~~ J <,0' l oo~ ,~ l~ ^:;, ol-a:1- 5g~~ " ~... 9 4302 - O.:l1lN:.. X o~ ~, "'<\01101 .. ,~. "'" "00 ..<;J N~ S ~, ~",i~ o . 0 ':..~...,...,..-c- .:T:.-.....~'"'~.. . '300 Ulll"':, " ; i . N'PROX. -fl4 COR. R.2W. W.M. fmfJ. ~~~t~~ /' \} ... ~I'i); "'"1 J} J ~ l' ", .~ . . ';.nA 0 " ' ' NAO 83/91 SW1/4 SE1/4 SEC. 32 T.17S. LANE COUNTY II . I 17 02 32 43 STREET "'" -" i~go,1. 1. F'CL,l ",l2 :S 0.1."". ; PCL2 '"00 J800 0.21N:; ~, ;r/b~"rJb11. . " ,3701 ',; , 3700 "" .3702 STREET.", ...... I DAISY .:;;' I" '30' '; .. ~ 7300 i~ " ., ~. ; , ! ''''' SCAU: " .. 100' Z I- ID .,. .:.... , . l , . l ... UI1J : '000 'h.. " I- W W <r ", t- '.(/) . &Xl , , ~~ ..........'" 7200 ~ '. 7100 '~ " -'r_' '000 , I- " . W w <r. ..00 I- " (/) - 0' ~'.,,!,,' ~, 41100' , , gk' ,~! '. 5001 J . ' :O.2~ .o.c:. i ;' ~; PCL 1 ~. tz.O~ ......... BLUE BELLE WAY ........ '''' -~'~'~ S4<l1 .fI'" . ",lI o.~\ 4C.. k 1'~~~<~ '.........1. ~~_.. ~ <(y!>-~ "'00 ;.54<l2 ;' " ~ """ ~' ~, ~,'I" "j' "'\~'". ...., "," ~l'" .300 MOO 6200 , ,t ~~.\: . ~, o~~ ~ ;Q:', l I'Q.. ~ S.401J<)4~ H Z. I- ~ .,. ",00 ., .: ~ 6500 7400'" STREET ';:;1'" .....-.. ~ 7800. . 8900 890'1' Lr,903t f; ..:-", JUN 2 8 . 010 "00 ;: .. 7700'0" 8100 0.'8200 dl r ; ~~'. ~I. 8201 , " 8101 j .7401 ~ : ..~. 7402 , " " .000 .7802 -7702 " 7901 .. ".' "'." . 9001 " , 0000 , .~ i 7701 ,.., " ....<...-.. ~"r'::1;~ ,.." "'" .,........ " "00 " 11201 j.~<'!:Yf; "00 ., SEE t.IAP 18020.5 12 """"'. ''" ,.. "'" "'" ,~ "'" .401 1002 ,~, ,~ ,.., "'" ,.., "'" ,~, ,~, ,~, ,~, ,'" ", m "'" "'" ,~ ,.. ,.. ,.., ,.., ,.., ,.., ~ ,.., .. ~, ~, ~, .~ ... ..., ~ "'" ;:o~ =s ",,, ~,oo !::: "'" ~oo ~ ... :m~ "" ." .M ~. 17 02 32 43 , " ""CD 1r. -f . Oregon Department 0 Transportation Application for State Highway Approach ~~~t~{~t~~7~SEO~LY'.<:. .i'..'."", ,.: .....'.....;...'.::.".:.:........'.:.....:.,.:.., .....~:.,::: ,m:I:'D~t~'Received Stamp :1' ~ :p~ri1iirTY-pf+~ew. Change of Use Tempo(ahi>Restricted . .r0R~!ni;~;Hp.rAfSxi~ting:DYesqt~():~~~it~i~?:~C?Yes>DN~,(Wn,\!;'ti.:'~f!.;'.::~: ., .. .; ,........ .'. '.~."..'~.'yT.l.;.". r. 'i;i~.t!.~.y.: '.'..' ~i1~~oint: ..... .'.'., "Station:';'" '. . ..' .CHAMPS'\ID:#:y>'::': .: " . .. .Co.... ..'''....- ",.. . ....... 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 al/ property that would be served by the approach and list al/ 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 .,..i.....:?':.>:;..;...'..>'. . '" '" .. :......,..: .. 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 TCounty: 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: IKI No.D 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 hislher 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 IKI East 0 West 0 Is the highway in a national forest area?: Yes 0 No IRI PD~.~IIRMITTAI DH~'n JUN 2 8 2010 734-2680 (8/08) Page 1 of 4 . . . Authorization of Designated Agent I (printed name of propetty owner) authorize Damien Gilbert, PE (printed name of applicant) to represent me as my agent in the matter of this highway approach permit application. Owner Signature: I Date: Applicant Si!:mature .' '. . .. '- .:.....:,'<::. :. 0.,,-.-- '>,:', . '. .., ,. . . .'. NOTiFICATION TO APPLICANT: The ODOT District Office will contact you when your application 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 will be issued. A performance bond and liability insurance will be required before any construction work can begin on the highway right of way. For the complete ruies regarding approach permitting, 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 knowledge. , ~ Printed Name: Damien Gilbert, PE I Signatu~ .' * 7/"A~ I Datec,_.:J.>_/O 'AdditioilalApproachlriformation . . '.' .'. '.<,d. '08;;\:....... ":.':.'.';; :.,.....;-.::,-;....,:..7.: Application is a request for (check all that apply) IXI 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 Restricted Use Approach - The approach requested is for emergency services, government, utility access or similar specific uses with limited traffic Vehicle Turnina Movements .., ,......;;. Turn movements requested (check all that apply) All movements: ~ OR Rightln: 0 Right Out: 0 left In: 0 Left Out: 0 Property 'Owner Information (If different than applicant) . .' . ," last Name: First Name: Street Address: City: I State: Zip COde: I County: Mailing Address: City: I State: Zip COde: r County: Phone Number: FAX Number: Cell Phone Number, E-mail Address: Are there additional owners of the subject property? YES: 0 NO: IXI If YES, ATTACH the same contact information as above for each of the co-owners on a separate sheet of paper. Property Information (attach additional page(s) 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 use(s) 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 ZO~ 5ms itl1AtarifC Be acres. marketability to developers. . HI\JiU I ~ \J 734-2680 (8108) Page 2 of4 JUN 2 8 2010 -------'"' ..,............ ...... . 'Site..fllanj&lVi~initY'N1apRequir:~ments.. . Local goyi!frii1j~nfsltepllin ;' '""., '.~ ,.;;;. ,~- :;r;..... :.:~.:.~'::.).:.'..~,:~.::?j.;..;_:. >.' ;_;_. :-:':.;~'i.: ._ ;'U:'~;c,>) Has the local government approved a site plan or is the local government currently reviewing a plan for the proposed land use? [B Yes (If yes, attach a copy of the plans being reviewed by the local government) o No ,. .. "~'~"I='R'''''''~''-'~'-'-'''''''''''''M''w..'C.,''''t'C';''''''''''''''''''-",.~_~.. "~""''''''''-'':llfr''''''''''''''l!; il._""",,,w~r_p"",[Mi"'" K~e,OJTlS~tQi!~ii.aO~L__~ JJJr:~m.~,"-t$Jj~~z~~f~la,~iN~sI~%~~Ji~1:~~1ti1~~~~>t1:1;$i~~~~~l1;fl~i'J'Jirf~A_ ,,' ,~~~~~}l~~wi~~ Submit drawing(s) no larger than 11" x 1 T 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 turning 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 . Distanc~ from the requested approach location to the nearest cross street PRE.SUBMITIAl REC'D . All public streets that abut the property(s) JUN 2 8 2010 734-2680 (8/08) Page 3 of4 ..._~_..- 1lr DATE RECEIVE. ODOT Oregon Department of Transportation WMPS ID # 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 LUCS 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 LUes 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: Applicant & Site Infoirilatiori i":",.'<<: .'. ..... . ' .....,'/:.:.... ""':;';;:.j -".. '.... '. . . :- . . '''':'' ,,". ':' -'- ' . '- -;, - .::,.,~'y.:~.....;: Print applicant name: Damien Gilbert, PE I Applicant signature: Property owner name:LibertyBank Subject property address: none Site description: vacant, split-zones property D!E'cribe the ;rqposed activi~. use. or develogmen1 includinp ~pe and volume of traffic twill ilenerate. thus increasing the T e owne 18 propos ng a two p rce part t on to separate t e onlngs, the marketability to developers. Township(s) Range(s) Section(s) Tax lot(s) 178 2W 32 104 SECTION 2 must be filled out by a Local Planning Official SECTION 2: Determination of Compli<i!1cewith Local Land Use Requirements' . . .....:.: The subject property is: U1Inside 0 Outside City Limits Current Comprehensive Plan designation: M \ ) ( '- D R Current zoning: Is a Comprehensive Plan or zoning amendment proposed? YES 0 NO IEJ" If YES. list the proposed plan designation: proposed zoning: o Inside 0 Outside UGB CG /L Of' , 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 EtlNot yet received List file number(s): Is the decision final: YES 0 NO 0 Comments: x.tti ~ ?/Qt1/1e..r C t:_C:IID~~ITT^ V\I .'11111 Mailing Address: . .- - J- ,) Z l:!7 t',. 17 City: 5pR.IA.Jb FtC? J) Phone: S <'\ I - 7 -<.G 5("..Lj c; Zip Code: Fax: " LUlU Emai!: I t:;>f-c. P~i.u? ~ er. ~?)<:IJ.X>C1L.t", o)z. US Planning Official's Signature: 5{~ Date: (p-&r)2) 734-26BO (BlOB) Page 4 of 4 . ~ ~ , . c .- . ~ . ;; , , ... .. . N ~ST!R~__ '.. J ~ T '!I! . '!~i Ii' , .. , .. i -------1 , , , , , ... : , .. --, .~_ I E,":l " , , : , , i ~ , , ", : , , , , , , ,- "" r , , , ;ii~ 8,1: , '. ~..i 'i _, " , , \ / \llC-- "~ ',,- , .. / ~ ~, :.:--we.---!~ -', ~ ~-'~~--:IJ'~ '--._, . -::::-:"'~i~ ~~.~ ~ ~: ~ e Branch En illeerill ,IIIC. ~~ ..~ ~ -<I ~ ;:: '= PflOJ!C1Tmr: TENTATIVE PARTITION PLAN FOR UBERTY BANK SPRINGFIELD, OREGON , NN ..""'..,.. !loJ__ ; _ ~ =.~"'" ::-;:--_ ot. ~ ~ ~ ;: .."l'......, :-.:--:.rntt ~ . ~ ...,8"a.~l<>f,...riQ""" a.o.........,._._......-. -~~...... ,_..........~.'<I" orSCR1PflOII" /.AND DIVISION TENTArlV[ PLAN . . ~ ~ ~ ,i: i;;; i III: i III . 1111111 I: :'1"11I11I111I11 - i:I!IIPWllj II II ! I' ii ~'- 0011!; 8 t1~'\> 11111111I11 I ", ! illj III IIp,! I II li:iii I!jiiii Iii!! I !j!U: !MIIl lid ~ I. :;11":,,1 iili 1; il "1. il"'I. ~,..::l i l i l i _j'! ~ iI.. i3 ... ,- " I,i. I ! .01, , l ". , , . !I'i,ii 'I ~ Iii.. '.!;; i' Ii' I, .. I \' I, " Ii :ill! ~ ill' if I:! !! . " "I ii~i ~ .11 !"j iii Iii 'II "1' 11'1,1 Ii !II . ,I 1 PRE.SUBMITTAl RI C'D ,! I JUN 2 8 20H YISIONS __ouc__ . . Renee Clough From: Sent: To: Subject: MCEACHERN Clayton [emeeaehern@ei.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, 2010 11:08 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 17-02-32, Tl 104). 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 310 5th Street Springfield OR 97477 ph 541-746-0637 fax 541-746-0389 PRE.SUBMITIAl RECID JUN 2 8 20tO . ~.--- 1