HomeMy WebLinkAboutApplication Materials
511 Honeysuckle Ln, Eugene Oregon 97401
Middle Housing Land Division
Tentative Plan
Submitted: August 13, 2026
Applicant/Owner:
Helikson Homes
3031 Willakenzie Rd
Eugene, OR 97401
Prepared by:
LUA Consulting
PO Box 5831
Eugene, OR 97405
Helikson MHT – Tentative Plan Page 2 of 11
Written Statement August 13, 2026
511 HONEYSUCKLE – MHLD – PARCEL 1 TENTATIVE PLAN
PART I – SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PART II – BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART III – EUGENE CODE DEVELOPMENT STANDARDS
9.8193 - Middle Housing Land Division
Tentative Plan Application Requirements . . . . . . . . . . . . . 5
Tentative Plan Approval Criteria. . . . . . . . . . . . . . . . . . . . . . 6
PART IV – CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ATTACHMENTS
Attachment “A” – Preliminary Title Report, Dated April 6, 2026
DRAWINGS
Sheet 1 – 511 Honeysuckle Ln – Middle Housing Land Division - Parcel 1 - Tentative Plat
Helikson MHT – Tentative Plan Page 3 of 11
Written Statement August 13, 2026
PART I - SUMMARY
Project Name: 511 Honeysuckle Ln – MHLD – Parcel 1 Tentative Plan
Project Proposal: This application seeks Planning Approval for a Middle Housing
Land Division Tentative Plan to allow for the creation of two legal
Middle Housing Duplex Child lots located at 511 Honeysuckle
Lane in Eugene, Oregon 97401.
This is one of two Middle Housing Duplex Land Divisions
associated with the subject site. A concurrent Tentative Partition -
Minor application has been submitted to divide the current lot into
two separate legal Parent Lots. This application seeks concurrent
approval for the Duplex Child lots on the northern Parent Lot
associated with the Minor Partition of current Tax Lot 17-03-28-12-
02300.
Application: Middle Housing Land Division – Parcel 1 Tentative Plan
Project Location: 511 Honeysuckle Ln, Eugene Oregon 97401
Assessor’s Map: 17-03-28-12
Tax Lot: 2300
Total Acres: Approximately 0.24 acres (Approx. 10,285 Square Feet)
Current Zoning: R-1, Low Density Residential
Existing Use: Middle Housing Duplex Residential
Proposed Use: Middle Housing Duplex Residential
Proposed Lots: Parcel 1
Existing Use: Residential
Area: Approx. 5,215 SF (0.12 Acres)
Parcel 2
Existing Use: Vacant
Area: Approx. 5,070 SF (0.12 Acres)
Helikson MHT – Tentative Plan Page 4 of 11
Written Statement August 13, 2026
Project Team:
Owner’s Representative/ Land Use Professional
LUA Consulting
Contact: Jordan Cogburn, AICP
Surveyor
Udell Engineering and Land Surveying, LLC
Helikson MHT – Tentative Plan Page 5 of 11
Written Statement August 13, 2026
PART II – BACKGROUND
The site is located at 511 Honeysuckle Land, approximately 890 feet south of Harlow Road. The
development site is located in the R-1 – Low Density Residential Zone.
Frontage is along Honeysuckle Ln, with curb, gutter, and sidewalks terminating at the south
edge of the subject site. Sewer, water, power, and stormwater facilities are located in the
Honeysuckle Ln. right-of-way.
The site is currently undeveloped and will be developed with two Middle Housing Duplex Units
post division, ensuring that each Middle Housing Parcel is developed with a single Middle
Housing Dwelling.
PART III – EUGENE CODE DEVELOPMENT STANDARDS
Part III addresses compliance with applicable development standards in Eugene Code (EC).
Each applicable development standard is listed below in bold italics followed by findings
demonstrating compliance.
9.8193 - Middle Housing Land Division, Tentative Plan Application Requirements.
In addition to the provisions in EC 9.7010 Application Filing, the following specific
requirements apply to middle housing land division tentative plan applications:
(1) The tentative plan included in the middle housing land division application
must be prepared by an Oregon licensed land surveyor.
The tentative plan included in this Middle Housing Land Division Tentative Plan
Application was prepared by Kyle W Latimer, PE, PLS, with Udell Engineering and Land
Surveying, LLC, an Oregon licensed surveyor whose license expires December 31,
2026.
(2) The application must include a preliminary title report.
The required Preliminary Title Report is attached for review.
(3) The application must identify all contiguous property under the same
ownership as the property to be divided.
There are no contiguous lots under the same ownership as the subject property. The
application is signed by the owner of the property.
(4) The application must be signed by the owner of the property to be divided.
The application has been signed by the owner.
(5) The property to be divided must be a legal lot.
The property is a legal lot as it was created by deed signed prior to April 2, 1962 and
described as further described in Reel 409, Instrument 511 (1951). No boundary
changes have occurred since its creation in 1951.
Helikson MHT – Tentative Plan Page 6 of 11
Written Statement August 13, 2026
9.8194 - Middle Housing Land Division, Tentative Plan Approval Criteria.
The planning director shall approve, conditionally approve, or deny the middle
housing land division tentative plan application based on compliance with the
following criteria:
(1) If the property to be divided is not yet developed with middle housing:
(a) The application proposes development of middle housing on the lot or
parcel to be divided; and
As shown on the Tentative Partition Map, the application proposes a Duplex
Middle Housing development on the Parent Lot. As such, all proposed Middle
Housing Child Lots will contain middle housing units post approval.
(b) The lot or parcel or be divided is developable with middle
housing consistent with the following:
1. EC 9.2750;
2. EC 9.2751;
3. EC 9.2760;
4. EC 9.2761;
5. EC 9.2775; and
6. EC 9.5550.
EC 9.2750 – Residential Development Standards Table 9.2750
As noted above, the site is Zoned R-1 – Low Density Residential.
Density Minimum: No Minimum
Density Maximum: 14 Units per acre
Per EC 9.2751(1)(b), the maximum residential density requirements do
not apply to Middle Housing Duplexes.
Maximum Building Height 30 feet
Minimum Building Setback
Front Yard 10 feet
Garages/Carports 18 feet
Interior Yard Setback 5 feet or 10 feet between
buildings.
Lot Coverage
Lots with Duplexes,
Triplexes, or Fourplexes 60%
At the time of future building permit submittal, each duplex unit will
conform to the minimum Eugene Code Development Standards at
EC 9.5550(4) prior to approval. A Diagram showing potential
development layout is provided on the Tentative Plat in
compliance with the lot coverage standards.
EC 9.2751 – Special Development Standards for Table 9.2750
(1) Density
As noted above, the maximum residential density requirements do
not apply to Middle Housing Duplexes.
Helikson MHT – Tentative Plan Page 7 of 11
Written Statement August 13, 2026
(15) Driveways and Parking Areas.
Per EC 9.2751(15)(b), these Driveway and Parking area
requirements do not apply to Middle Housing Duplexes.
EC 9.2760 – Residential Zone Lot Standards
Lot Area Minimum
Duplex Lots 2,250 Square Feet
The Parent lot is approximately 10,285 square feet. This standard
is met.
EC 9.2761 – Special Standards for Table 9.2760
(8) Middle Housing Lots. Middle Housing Lots shall comply
with EC 9.2777 Middle Housing Lot Standards.
(1) There are no frontage, width, or lot area standards
for middle housing lots.
This is understood.
(2) A middle housing lot may not contain more than
one middle housing unit. A middle housing lot that
includes a common area, but does not include a
dwelling, is permitted.
Both of the proposed Middle Housing Duplex lots will
contain exactly one middle housing unit post division.
(3) A middle housing lot may not be divided.
This is understood.
EC 9.2775 - Residential Flag Lot Standards for R-1, R-2, R-3 and R-4.
No Flag Lots are included in this application. Therefore, these criteria are
not applicable.
EC 9.5550 – Middle Housing Development Standards
(2) Applicability of Middle Housing Development Standards.
(a) Except as provided in subsection (b), Middle Housing
Development Standards in this section 9.5550 apply to:
1. The development of all new middle housing,
excluding duplexes; and
This proposal is for the division of land into two Middle
Housing Duplex Child Lots. Each lot will be developed with
Middle Housing Duplex Units. Therefore, the standards
under EC 9.5550 are not applicable to this application. As
noted above, the existing single unit dwelling will be
removed prior to Final Approval. Therefore, the standards
at (2)(b) are not applicable.
(2) If the property to be divided is developed with middle housing:
The property to be divided is not developed with middle housing.
(3) The proposed middle housing land division complies with all of the following:
(a) EC 9.2777, Middle Housing Lot standards;
9.2777 - Middle Housing Lot standards
Helikson MHT – Tentative Plan Page 8 of 11
Written Statement August 13, 2026
(1) There are no frontage, width, or lot area standards
for middle housing lots.
This is understood.
(2) A middle housing lot may not contain more than
one middle housing unit. A middle housing lot that
includes a common area, but does not include a
dwelling, is permitted.
Both of the proposed middle housing lots will contain
exactly one middle housing unit post division.
(3) A middle housing lot may not be divided.
This is understood.
(b) EC 9.6505, Improvements, Specifications for any street frontage
improvements required for middle housing lots that abut a street;
(1) Water Supply. All developments shall be served by the water
system of the Eugene Water & Electric Board.
Future water connections will be served by EWEB, which is available in
the Honeysuckle Ln right-of-way along the western boundary.
(2) Sewage. All developments shall be served by the wastewater
sewage system of the city, complying with provisions in
Chapter 6 of this code.
The existing parent lot is served by the City’s wastewater sewerage
systems within the Honeysuckle Ln right-of-way. All future proposed
development will be served by a private wastewater line in compliance
with the minimum standards of Chapter 6 upon submittal of a building
permit, and through a shared access and maintenance easement (as
shown on the Easements Plan) where necessary.
(3) Streets and Alleys.
(a) The developer shall grade and pave all streets and alleys
in the development site.
There are no proposed streets or alleys as part of this Middle
Housing Land Division Tentative Plan application.
(b) The developer shall pave streets and alleys adjacent to
the development site to the width specified in
EC 9.6870 Street Width, unless such streets and alleys are
already paved to that width, provided the City makes findings
to demonstrate consistency with constitutional requirements.
This is understood.
(c) The standard at (3)(b) may be adjusted if consistent with
the criteria of EC 9.8030(19).
This is understood.
(4) Sidewalks. Sidewalks shall be located, designed and
constructed according to the provisions of this land use code, the
Design Standards and Guidelines for Eugene Streets, Sidewalks,
Helikson MHT – Tentative Plan Page 9 of 11
Written Statement August 13, 2026
Bikeways and Accessways, construction and design standards
adopted pursuant to Chapter 7 of this code, and other adopted plans
and policies.
This is understood.
(5) Bicycle Paths and Accessways. Bicycle Paths and Accessways
shall be designed and constructed according to provisions of this
land use code, the Design Standards and Guidelines for Eugene
Streets, Sidewalks, Bikeways and Accessways, construction and
design standards adopted pursuant to Chapter 7 of this code, and
other adopted plans and policies.
No new bicycle paths or accessways are proposed or required as part of
this land division application. No bicycle paths or accessways are listed
for this site in any City adopted plans or policies. Therefore, this criterion
is not applicable.
(c) EC 9.6805, Dedication of Public Ways; and
This is understood. As show on the Tentative Partition Map, no public ways are
proposed as part of this land division application.
(d) All other applicable development standards for features explicitly
included in the application.
Development plans for future Middle Housing Units are purely conceptual at this
time. As no development plans are included in this Middle Housing Land
Division, standards regarding access connections, motor vehicle parking, and
stormwater, including those at EC 7.410, 7.420, 9.6410, and 9.6791 through
9.6797, will be addressed at the time of future building permit submittal.
(4) The following easements are shown on the tentative plan:
(a) Easements necessary for locating, accessing, replacing, and servicing
all utilities;
A variable width Shared Private Access, Maintenance, and Utility Easement is
shown on the south side of the site for the benefit of utility service to Proposed
Parcels 1 and 2. As sewer service locations are conceptual at this time, the
owner understands that a Condition of Approval will be warranted for the specific
placement of each necessary easement.
(b) Easements for pedestrian access from each dwelling unit to a street;
A variable width Shared Private Access, Maintenance, and Utility Easement is
shown on the south side of the site for the benefit of pedestrian access to
Proposed Parcel 2.
(c) Easements necessary for any common areas or shared building
elements;
The owner understands this requirement. Development plans for future Middle
Housing Units are purely conceptual at this time. As no development plans are
included in this Middle Housing Land Division, standards regarding necessary
and required easements will be addressed prior to building permit submittal.
Helikson MHT – Tentative Plan Page 10 of 11
Written Statement August 13, 2026
(d) Easements necessary for any shared driveways or parking.
A variable width Shared Private Access, Maintenance, and Utility Easement is
shown on the south side of the site for the benefit of vehicular access to
Proposed Parcels 1 and 2.
(5) Separate utilities are provided for each dwelling unit.
See the Tentative Partition Map for tentative locations of these proposed utilities.
(6) The middle housing land division results in one dwelling unit on each middle
housing lot, except lots, parcels or tracts that include a common area. Lots,
parcels or tracts that include a common area, but do not include a dwelling unit,
are permitted.
Each Middle Housing Lot will have one dwelling unit.
(7) The application demonstrates that buildings or structures on the middle
housing lots created by the middle housing land division will comply with
applicable building code provisions related to new property lines; and,
notwithstanding the creation of new lots or parcels, that structures or buildings
located on the middle housing lots will comply with the Oregon Residential
Specialty Code.
Development plans for future Middle Housing Units are purely conceptual at this time.
Future development will be designed to comply with the applicable ORSC.
(8) The following notes are included on the tentative plan:
(a) The middle housing lots shown on the tentative plan were created
pursuant to a middle housing land division and may not be further divided.
See the Tentative Partition Map for this note.
(b) The middle housing developed on the middle housing lots shown on
the tentative plan shall remain middle housing and shall not be considered
to be any other housing type as a result of the middle housing
land division.
See the Tentative Partition Map for this note.
(9) The proposed middle housing land division will not cause any existing
improvements on the middle housing lots to be inconsistent with applicable
standards in this land use code.
The proposed middle housing land division will not cause any existing improvements on
the middle housing lots to be inconsistent with applicable standards within Eugene
Code.
Helikson MHT – Tentative Plan Page 11 of 11
Written Statement August 13, 2026
PART IV – CONCLUSION
In conclusion, the proposed Middle Housing Land Division Tentative Plan application complies
with applicable Eugene Code approval criteria or can be made so with appropriate and
reasonable Conditions of Approval. The Written Statement, Attachments, and Tentative
Partition Plan provide substantial evidence to support approval of the application.
If there are questions or comments, please contact Jordan Cogburn, AICP at 541-780-5524, or
Jordan@lua-consulting.com
Sincerely,
Jordan Cogburn, AICP
LUA Consulting
END OF WRITTEN STATEMENT
PUBLIC RECORD REPORT
FOR NEW SUBDIVISION
OR LAND PARTITION
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
THIS REPORT IS ISSUED BY THE ABOVE-NAMED COMPANY (“THE COMPANY”) FOR THE EXCLUSIVE
USE OF THE FOLLOWING CUSTOMER:
Helikson Homes, LLC
Phone No.: (999)999-9999
Date Prepared:April 6, 2026
Effective Date:March 30, 2026 / 05:00 PM
Charge:$300.00
Order No.:WT0285324
The information contained in this report is furnished to the Customer by Western Title & Escrow Company (the
"Company") as an information service based on the records and indices maintained by the Company for the
county identified below. This report is not title insurance, is not a preliminary title report for title insurance, and is
not a commitment for title insurance. No examination has been made of the Company’s records, other than as
specifically set forth in this report ("the Report"). Liability for any loss arising from errors and/or omissions is
limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will have no greater
liability by reason of this report. This report is subject to the Definitions, Conditions and Stipulations contained in it.
REPORT
A.The Land referred to in this report is located in the County of Lane, State of Oregon, and is described as
follows:
As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof.
B.As of the Effective Date, the tax account and map references pertinent to the Land are as follows:
As fully set forth on Exhibit "B" attached hereto and by this reference made a part hereof.
C.As of the Effective Date and according to the Public Records, we find title to the land apparently vested in:
As fully set forth on Exhibit "C" attached hereto and by this reference made a part hereof.
D.As of the Effective Date and according to the Public Records, the Land is subject to the following liens and
encumbrances, which are not necessarily shown in the order of priority:
As fully set forth on Exhibit "D" attached hereto and by this reference made a part hereof.
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
EXHIBIT "A"
(Land Description)
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
Parcel I:
Beginning at the Northeast corner of the Mahlon Harlow and wife Donation Land Claim No. 57, Township 17
South, Range 3 West, Willamette Meridian in the City of Eugene, County of Lane and State of Oregon; thence
West along the North line of said Harlow Claim 1098.12 feet; thence South parallel to the East line of said Harlow
Claim 928.12 feet to the true point of beginning; running thence South parallel to the East line of said Harlow Claim
116.0 feet; thence East parallel to the North line of said Harlow Claim 195.12 feet; thence North parallel to the East
line of said Harlow Claim 116.0 feet; thence West 195.12 feet to the place of beginning, in Lane County, Oregon.
EXCEPT: That portion deeded to Lane County by instrument recorded April 15, 1963, Clerk's Filing No. 6747,
Lane County Oregon Deed Records.
Parcel II:
A tract of land in the Mahlon H. Harlow Donation Land Claim No. 57, in Township 17 South, Range 3 West of the
Willamette Meridian, described as follows:
Beginning at a 3/4" iron rod being 269.94 feet (4.09 chains) North of the Southwest corner of that certain tract of
land deeded to Harry N. Wright and Anna Mildred Wright, husband and wife, by Mahlon L. Pengra and Iva Pengra,
husband and wife, as recorded in Book 262, Page 165, Lane County Oregon Deed Records; thence North 88° 22'
00" East 264.04 feet to a 3/4" iron rod; thence North 0° 02' 27" East 270.04 feet to a 3/4" iron rod, said 3/4" iron
rod being in the South boundary of that property described in Bargain and Sale Deed recorded October 4, 2002,
Reception No. 2002-077488, Lane County Oregon Deed Records; said 3/4" iron rod being the true point of
beginning; thence along said South boundary South 88° 21' 11" West 22.29 feet to a 5/8" iron rod; thence South 0°
00' 58" West 8.73 feet to a 5/8" iron rod; thence North 88° 23' 27" East 22.28 feet to a point; thence North 0° 02'
27" East 8.75 feet to the true point of beginning.
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
EXHIBIT "B"
(Tax Account and Map)
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
APN/Parcel ID(s) 0238038 and 1731957 as well as Tax/Map ID(s) 17-03-28-12-02300 and 17-03-28-12-03603
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
EXHIBIT "C"
(Vesting)
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
APN/Parcel ID(s) 0238038 and 1731957 as well as Tax/Map ID(s) 17-03-28-12-02300 and 17-03-28-12-03603
Helikson Homes LLC, an Oregon limited liability company, which acquired title as Helikson Homes, LLC, an
Oregon limited liability company
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
EXHIBIT "D"
(Liens and Encumbrances)
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
1.Rights of the public to any portion of the Land lying within the area commonly known as streets, roads and
highways.
2.Easement(s) shown below and rights incidental thereto, as granted in a document:
Granted to:Mountain States Power Company, a Delaware corporation
Recording Date:April 29, 1947
Recording No:Book 346, Page 658
Note: Property taxes for the fiscal year shown below are paid in full.
Fiscal Year: 2025-2026
Amount: $4,632.12
Levy Code: 400
Account No.: 0238038
Map No.: 17-03-28-12-02300
Note: Property taxes for the fiscal year shown below are paid in full.
Fiscal Year: 2025-2026
Amount: $8.70
Levy Code: 400
Account No.: 1731957
Map No.: 17-03-28-12-03603
Please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes,
supplemental taxes, escaped assessments and any delinquencies.
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
DEFINITIONS, CONDITIONS AND STIPULATIONS
1.Definitions. The following terms have the stated meaning when used in this report:
(a)"Customer": The person or persons named or shown as the addressee of this report.
(b)"Effective Date": The effective date stated in this report.
(c)"Land": The land specifically described in this report and improvements affixed thereto which by law constitute real
property.
(d)"Public Records": Those records which by the laws of the state of Oregon impart constructive notice of matters
relating to the Land.
2.Liability of Company.
(a)This is not a commitment to issue title insurance and does not constitute a policy of title insurance.
(b)The liability of the Company for errors or omissions in this public record report is limited to the amount of the charge
paid by the Customer, provided, however, that the Company has no liability in the event of no actual loss to the
Customer.
(c)No costs (including without limitation attorney fees and other expenses) of defense, or prosecution of any action, is
afforded to the Customer.
(d)In any event, the Company assumes no liability for loss or damage by reason of the following:
(1)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the Public Records.
(2)Any 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, liens or encumbrances, or claims thereof, which are not shown by the Public Records.
(4)Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey
would disclose.
(5)(i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (iii) water rights or claims or title to water.
(6)Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred
to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(7)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances
or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land;
(ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
Public Records at the effective date hereof.
(8)Any governmental police power not excluded by 2(d)(7) above, except to the extent that notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the Public Records at the effective date hereof.
(9)Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or
actually known by the Customer.
3.Report Entire Contract. Any right or action or right of action that the Customer may have or may bring against the
Company arising out of the subject matter of this report must be based on the provisions of this report. No provision or
condition of this report can be waived or changed except by a writing signed by an authorized officer of the Company. By
accepting this form report, the Customer acknowledges and agrees that the Customer has elected to utilize this form of
public record report and accepts the limitation of liability of the Company as set forth herein.
4.Charge. The charge for this report does not include supplemental reports, updates or other additional services of the
Company.
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
LIMITATIONS OF LIABILITY
"CUSTOMER" REFERS TO THE RECIPIENT OF THIS REPORT.
CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT
IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR
OMISSIONS IN, OR THE COMPANY’S NEGLIGENCE IN PRODUCING, THE REQUESTED REPORT, HEREIN
"THE REPORT." CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE
POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE.
THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE
PREPARATION AND ISSUANCE OF THE REPORT UNLESS THE COMPANY’S LIABILITY IS STRICTLY
LIMITED. CUSTOMER AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE
BOUND BY ITS TERMS
THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT:
ONLY MATTERS IDENTIFIED IN THIS REPORT AS THE SUBJECT OF THE REPORT ARE WITHIN ITS
SCOPE. ALL OTHER MATTERS ARE OUTSIDE THE SCOPE OF THE REPORT.
CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO
THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS
LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ALL
OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND
SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS,
DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY’S FEES, HOWEVER
ALLEGED OR ARISING, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF
CONTRACT, NEGLIGENCE, THE COMPANY’S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS,
STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE OR ANY OTHER
THEORY OF RECOVERY, OR FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE REPORT
OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE
LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND
SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY’S TOTAL FEE FOR THE
REPORT.
CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE
PRICE THE CUSTOMER IS PAYING, WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED
TO THE CUSTOMER WITHOUT SAID TERM. CUSTOMER RECOGNIZES THAT THE COMPANY WOULD
NOT ISSUE THE REPORT BUT FOR THIS CUSTOMER AGREEMENT, AS PART OF THE CONSIDERATION
GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH
LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE
COMPANY’S INVOICE FOR THE REPORT.
THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY
TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND
SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE
INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THE REPORT IS NOT TO
BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE
COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT’S ACCURACY, DISCLAIMS ANY
WARRANTY AS TO THE REPORT, ASSUMES NO DUTIES TO CUSTOMER, DOES NOT INTEND FOR
CUSTOMER TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY
REASON OF RELIANCE ON THE REPORT OR OTHERWISE.
Western Title & Escrow Company
Public Record Report for New Subdivision or Land Partition
Order No. WT0285324
Public Record Report for New Subdivision or Partition
(Ver. 20161024)
REASON OF RELIANCE ON THE REPORT OR OTHERWISE.
IF CUSTOMER (A) HAS OR WILL HAVE AN INSURABLE INTEREST IN THE SUBJECT REAL PROPERTY,
(B) DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND (C) DESIRES THAT ADDITIONAL
LIABILITY BE ASSUMED BY THE COMPANY, THEN CUSTOMER MAY REQUEST AND PURCHASE A POLICY
OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO
ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. CUSTOMER
EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE AND/OR
RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCT
OR SERVICE PURCHASED.
NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE
REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT
PROVIDERS, AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES
AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA,
BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
NON-OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY,
COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF
WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE
COMPANY’S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE
OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS,
OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY’S
OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER, AND EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY FOR SUCH DAMAGES.
END OF THE LIMITATIONS OF LIABILITY