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HomeMy WebLinkAboutApplication Materials 511 Honeysuckle Ln, Eugene Oregon 97401 Middle Housing Land Division Tentative Plan Submitted: April 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 9 Written Statement April 13, 2026 511 HONEYSUCKLE – MHLD – PARCEL 2 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ATTACHMENTS Attachment “A” – Preliminary Title Report, Dated April 6, 2026 DRAWINGS Sheet 1 – 511 Honeysuckle Ln – Middle Housing Land Division - Parcel 2 - Tentative Plat Helikson MHT – Tentative Plan Page 3 of 9 Written Statement April 13, 2026 PART I - SUMMARY Project Name: 511 Honeysuckle Ln – MHLD – Parcel 2 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 southern Parent Lot associated with the Minor Partition of current Tax Lot 17-03-28-12- 02300. Application: Middle Housing Land Division – Parcel 2 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. 10,125 Square Feet) Current Zoning: R-1, Low Density Residential Existing Use: Single Unit Dwelling Residential Proposed Use: Middle Housing Duplex Residential Proposed Lots: Parcel 1 Existing Use: Residential Area: Approx. 5,170 SF (0.12 Acres) Parcel 2 Existing Use: Vacant Area: Approx. 4,959 SF (0.12 Acres) Helikson MHT – Tentative Plan Page 4 of 9 Written Statement April 13, 2026 Project Team: Owner/Applicant Helikson Homes, LLC C/O: Carter Helikson Owner’s Representative/ Land Use Professional LUA Consulting Contact: Jordan Cogburn, AICP PO Box 5831 Eugene, OR 97405 Surveyor Udell Engineering and Land Surveying, LLC Contact: Kyle Latimer PE, PLS 64 E Ash Street Helikson MHT – Tentative Plan Page 5 of 9 Written Statement April 13, 2026 PART II – BACKGROUND The site is located at 511 Honeysuckle Ln, 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 developed with an existing Middle Housing Duplex per Building Permit Files #26-02693-01 and 26-02694-01. The owner is concurrently pursuing a 2-lot Minor Partition to create two Middle Housing Parent Lots. This Proposed Middle Housing Duplex Land Division will result in a total of 2 Middle Housing Duplex Child Lots for a total of 2 dwelling units. The following narrative demonstrates the proposal’s overall compliance with the applicable approval criteria contained in Eugene Code (EC) Chapter 9, specifically EC 9.8193 – Middle Housing Land Division, Tentative Plan Application Requirements, addressed in Part III, below. 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. Helikson MHT – Tentative Plan Page 6 of 9 Written Statement April 13, 2026 (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. 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: As shown on the Tentative Partition Map, the application includes a Duplex Middle Housing development on the Parent Lot. As such, these standards are not applicable. (2) If the property to be divided is developed with middle housing: The property to be divided is developed with a middle housing duplex. Therefore, these standards are applicable. (a) The middle housing complies with EC 9.5550 As noted at EC 9.5550(2)(a), the standards at EC 9.5550 do not apply to Middle Housing Duplexes. As such, this criterion has been adequately addressed. (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 (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. Helikson MHT – Tentative Plan Page 7 of 9 Written Statement April 13, 2026 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, 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. The site is currently developed with a Middle Housing Duplex per approved Building Permit Files #26-02693-01 and 26-02694-01. As no development plans Helikson MHT – Tentative Plan Page 8 of 9 Written Statement April 13, 2026 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 any 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 north side of the site for the benefit of utility service to Proposed Parcels 1 and 2. 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 north 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. (d) Easements necessary for any shared driveways or parking. A variable width Shared Private Access, Maintenance, and Utility Easement is shown on the north 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 locations of these existing 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. As noted above, the site is currently developed with a Middle Housing Duplex per approved Building Permit Files #26-02693-01 and 26-02694-01. Helikson MHT – Tentative Plan Page 9 of 9 Written Statement April 13, 2026 (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. 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