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HomeMy WebLinkAboutApplication Materials Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning October 30, 2026 Hailey Ochs Assistant Planner City of Eugene Planning and Development 99 W 10th Avenue Eugene, OR 97401 RE: East 32nd Avenue (MHT 26-29) Final Partition Written Statement Response to Findings and Decision of the Planning Director Hailey: Thank you for your thorough review of the application. The following are the responses to the Final Plat Application Requirements, Conditions of Approval and Information Items. The City items are in regular typeface and our responses are in italics. EC 9.8198 Middle Housing Land Division, Final Plat – Approval Criteria. The planning director shall approve or deny the final plat for the middle housing land division. Approval shall be based on compliance with the following criteria, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone: (1) The city surveyor has approved the final plat for compliance with applicable platting requirements in accordance with state law. The final plat is being submitted with this application to obtain this approval. (2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated without reservation or restriction other than revisionary rights upon vacation. A 2.50’ right-of way dedication is proposed on East 32nd Avenue and a 1.00’ right of way dedication is proposed on East 32nd Avenue Alley. (3) Public improvements as required by this land use code or as a condition of tentative plan approval are completed or: (b) A petition for public improvements and for the assessment of the real property for the improvements has been signed by the property owner seeking the partition and the petition has been accepted by the city engineer. No public improvements are required by this land use code or condition of approval. (4) Public assessment, liens, and fees with respect to the middle housing land division have been paid, or: (a) A segregation of assessments and liens have been applied for and granted by the city, (b) An adequate guarantee in a form acceptable to the city manager has been provided assuring the liens, assessments, and fees will be paid prior to recording the final plat. There are no liens, assessments, or fees associated with the partition. (5) All conditions of tentative middle housing land division approval have been met and the final plat substantially conforms to the provisions of the approved tentative middle housing land division. All conditions of tentative partition approval have been met. See responses below, revised Tentative Partition map and Final Plat map. Conditions of Approval 1. The applicant shall submit an Irrevocable Petition for public improvements in East 32nd Avenue to include street trees. See attached Irrevocable Petition. 2. The applicant shall submit an Irrevocable Petition for public improvements in East 32nd Alley to include adequate paving and a stormwater conveyance system. See attached Irrevocable Petition. East 32nd Avenue (MHT 26-29) Page 2 of 5 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning 3. A right-of-way dedication along the entire frontage on East 32nd Avenue shall be shown on the final plat as needed to result in 22.5 feet of right-of-way south of the centerline of East 32nd Avenue. A 2.50 foot right-of-way dedication is shown on the Final Plat on East 32nd Avenue resulting in a 22.5 foot right-of- way. 4. Prior to final site plan approval, the applicant shall update the existing note regarding the installation of a 3-foot wide hard surface pedestrian connection on Middle Housing Lots 1 and 2, connecting Parcels 3 and 2 to the street, to state the following, “A 3 foot wide portion of this easement will be a hard surface on parcels 1 and 2, for pedestrians, which will be installed prior to certificate of occupancy of a dwelling on Parcels 2 and 3.” 5. A right-of-way dedication along the entire portion of the development site that abuts East 32nd Alley shall be shown on the final plat as needed to result in 7 feet of right-of-way north of the centerline of East 32nd Alley. A 1.00 foot right-of-way dedication is shown on the Final Plat on East 32nd Avenue Alley resulting in 7 feet of right- of-way north of the centerline of East 32nd Avenue Alley. Post Approval The applicant has requested review of this Middle Housing Land Division application subject to the amended Expedited Land Division procedures of ORS 197.365, as amended by House Bill 2138. Pursuant to House Bill 2138, the decision may only be appealed by the applicant. Appeals to Expedited Land Division determinations are subject to the amended provisions of ORS 197.830 to 197.855, as amended by House Bill 2138. Appeals of Expedited Land Division Decisions are subject to review by the Oregon Land Use Board of Appeals (LUBA). The decision of the Planning Director Final on the local level. The Tentative Middle Housing Land Division Approval shall remain effective for 36 months following the effective date of approval, in accordance with EC 9.7230. A final site plan and performance agreement will be required for this Middle Housing Land Division in accordance with EC 9.7025. EC 9.7925 states that, when the approval requires a final site plan, the applicant shall provide the city with four copies of the plans that meet the conditions of approval of the Planning Director’s decision. See attached Site Plan for review for issuance of Performance Agreement. This approval does not relieve the applicant from complying with other applicable provisions of the Eugene Code, Oregon Revised Statutes, or any other laws which may govern the development of the subject property Attachments Attachment A: Eugene Water and Electric Board Referral. Attachment B: Eugene-Springfield Fire Marshal’s Office Referral Informational Items Planning · Future wastewater connections for each Middle Housing Lot will need to be permitted by the Building and Permit Services Division. Acknowledged and agreed. · Minor changes to the locations of proposed easements and utility lines are allowed prior to final plat approval, provided that the final locations of easements and utilities meet all applicable approval criteria and development standards. To allow for flexibility during the building permit process, it may be beneficial to add the following note to the final site plan: “Utility locations shown are tentative and will be finalized at the time of building permit review. If any utility line is installed in a different location than shown, it shall be covered by a public or private utility easement.” A note has been added to the Site Plan. · If the applicant decides to use the existing private wastewater line to serve Middle Housing Lot 1 and/or Middle Housing Lot 2, any portion of the wastewater service located on a separate lot must be covered by an easement that ensures access to all parties for maintenance and service of the shared line, as well as · East 32nd Avenue (MHT 26-29) Page 3 of 5 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning dictating roles, rights, and responsible parties for repairs and cost. Acknowledged and agreed. · The final plat will be required to clearly identify that the plat is for a Middle Housing Land Division. Public Works · Private utilities serving the parcels shall not be placed in a Public Utility Easement (PUE), and public utilities must be in a dedicated PUE. Proposed easements will be submitted for City review and approval prior to recording the final plat. Final Plat Requirements · A plat check fee will be required at the time of final plat application. These fees are subject to change; plat check fees will be assessed according to the fee schedule in effect when the final plat application is submitted. A final plat check fee was paid with this submittal. As there is no fee schedule at this time no fee was required. · Lane County Surveyor’s Office is responsible for review of ORS 209. A separate copy of the final plat and Lane County application fees must be submitted to Lane County Surveyor’s Office prior to the first plat review. A separate copy of the final plat has been delivered to Lane County Surveyor’s Office. · A current title report must be submitted with the final plat. The final plat must show all easements, encumbrances and restrictions listed in the title report, and all owners or interest holders must sign the Declaration or submit concurrences. The final plat will show all easements, encumbrances and restrictions listed in the title report. All owners will sign the Declaration. · The final plat must show the relationship between the property boundary and the right-of-way centerline monuments. Shown on Final Plat. · If any public utility easements are shown on the final plat, the following restriction will be required to be shown on the final plat in accordance with EC 9.6500(3): “No building, structure, tree or other obstruction shall be placed or located on or in a Public Utility Easement.” Shown on Final Plat. · All City liens and assessments must be paid or segregated prior to final plat approval. Acknowledged and agreed. · Taxes for the current year must be paid prior to recording of the final plat. The applicant should contact the Lane County Surveyor’s office to make arrangements. A Tax Work Up sheet will be submitted to Lane County Surveyor’s office. Eugene Building & Permit Services Informational Items · If at the time of development the Eugene/Springfield Fire Marshal (or their designee) determines that there is inadequate water supply, apparatus access, or both, to the site for the development of multi-unit dwellings that will be subject to the Oregon Building Code, the Eugene Building Official (or their designee) may require compliance with one or more of the fire suppression or fire containment Uniform Alternate Construction Standards set out in OAR 918-480-0125(4) and (5). Acknowledged and agreed. Electric Comments EWEB has overhead electric facilities on the north and south sides of the property. The existing overhead service to the dwelling was removed in June 2026. An electric service extension is required to serve the new parcels. The site East 32nd Avenue (MHT 26-29) Page 4 of 5 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning plan shows a 5 foot wide area on the west side of the property labeled "PUE", but is not explicitly labeled as a Public Utility Easement. In accordance with EWEB policies and procedures, electric facilities extending across tax lots to serve adjacent properties will require easement. Prior to or concurrent with recording the final plat, the applicant shall provide EWEB with a Public Utility Easement or EWEB Utility Easement. PUE is the abbreviation for Public Utility Easement. This is a proposed Public Utility Easement and is explicitly labeled as such. Extension of electric facilities will be designed to meet the City of Eugene Utility Permitting ordinances, land use ordinances, EWEB standards, and other applicable codes. The cost of facility relocation and extension to these parcels will be borne by the requesting customer and executed under EWEB policies and procedures at the time request for electric service is made. After EWEB provides the customer with an electric design, typically the electric service conduit and conductors are installed by customer to current codes and EWEB specifications and inspected by EWEB. The applicant or their representative should initiate a design with EWEB electric by contacting Distribution Engineering at 541-685-7521 or DistributionEngineering@eweb.org. Electric comments or questions can be directed to : Josh Simmons Distribution Engineering Supervisor Eugene Water & Electric Board Office/fax 541-685-7184: josh.simmons@EWEB.org Water Comments There is an existing 6” EWEB water main on the north side of E 32nd Ave and one existing ¾” service to 478 E 32nd Ave (parcel 1). New service will be required for each new parcel / unit. Please contact EWEB's Building and Renovation Services department at (541) 685-7086 to initiate a request for service removal, relocation and/or new installations. Please note, EWEB does not allow installation of any water facilities under "rain gardens" or any open drainage structure within the right-of-way. Provisions within the design must be made to accommodate the installation of water facilities (services & hydrants) at common lot corners. A minimum 5' wide "utility corridor" at service crossing and hydrant locations is required. Water meters are not to be installed in driveway surfaces. State Drinking Water regulations (OAR 333-061-0050(9)) require a minimum separation between water and sewer lines of 10' where they run parallel to each other, unless the sewer line is located with 1.5' below the water line, then the required separation can reduce to 5' (min). EWEB owned water facilities will be located in the right-of-way, or in a minimum 7' public utility easement (PUE) adjacent to the public right-of-way. Adherence to EWEB policy and Water Design and Construction Standards will be required. EWEB recommends the developer contact the Fire Marshall concerning fire protection requirements for building permits. Water comments or questions can be directed to : Amy Abramson Water Engineering Technician III Eugene Water & Electric Board Office/fax 541-685-7625; amy.abramson@eweb.org Right-of-Way Comments Easements must be either Public Utility Easements or EWEB Easements if they are to accommodate EWEB facilities. It appears a Public Utility Easement is designated on the plat, the plat should include the customary Note for PUEs and clearly be identified as a 'Public' Utility Easement: “No building, structure, trees, shrubbery or other obstruction shall be placed or located on or in a public utility easement.” This note will be added to the Final Plat. East 32nd Avenue (MHT 26-29) Page 5 of 5 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning If an EWEB Easement is designated on the plat, a separate EWEB Easement document will need to be created by EWEB Property Management. This document will be recorded with the Plat. In addition, if an EWEB Easement is designated on the plat, EWEB requests that a Note be added to the plat stating: “EWEB easements shall include EWEB and its joint users with whom it may contract. At no time shall any building, structure, sign or other obstruction be erected or placed or located within an EWEB utility easement area without prior written consent of EWEB.” Right-of-Way comments or questions can be directed to : Isabelle Mathews Right-of-Way Agent Eugene Water & Electric Board Office/fax 541-685-7041; isabelle.mathews@eweb.org Please call if you have any questions, comments or need any additional information. Sincerely, Schirmer Consulting, LLC Carol Schirmer No liability is assumed hereunder until policy has been issued and full policy premium has been paid. MAIN OFFICE 675 OAK STREET, SUITE 100 EUGENE, OREGON 97401 PH: (541) 687-2233 * FAX: (541) 485-0307 FLORENCE OFFICE 715 HWY 101 * FLORENCE, OREGON 97439 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 PH: (541) 997-8417 * FAX: (541) 997-8246 VILLAGE PLAZA OFFICE 4750 VILLAGE PLAZA LOOP, SUITE 100 EUGENE, OREGON 97401 PH: (541) 653-8622 * FAX: (541) 844-1626 PRELIMINARY TITLE REPORT CASCADE ESCROW March 11, 2026 ATTN: TINA NAULT Report No: 0351838 675 OAK ST, SUITE 100 Your No: EU26-0432 EUGENE, OR 97401 Seller: NEWHOUSE ESTATE Buyer: LOW TIDE INVESTMENTS LLC PRELIMINARY REPORT FOR: Owner's Standard Policy $200,000.00 PREMIUMS: Owner's Standard Premium $700.00 Gov. Lien/Inspect Fee $35.00 We are prepared to issue 2021 (7/1/2021) ALTA title insurance policy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: ( A T T A C H E D ) Vestee: The Heirs at Law or Devisees of the ESTATE OF TIM NEWHOUSE, also known as TIMOTHY B. NEWHOUSE, also known as TIMOTHY BERT NEWHOUSE, deceased Estate: FEE SIMPLE DATED AS OF: MARCH 04, 2026 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on 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. *0351838* Order No. 0351838 Page 2 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Rights of the public in and to any portion lying within streets, roads and highways. 7. Deed of Trust, including the terms and provisions thereof, executed by Timothy B. Newhouse, an unmarried man, Grantor, to Western Title, Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as a nominee for Countrywide Bank, N.A., Beneficiary, dated November 30, 2006, recorded December 8, 2006, Reception No. 2006-087923, Lane County Deeds and Records, to secure payment of a note in the amount of $75,000.00. The beneficial interest under said Deed of Trust was duly assigned of record to Select Portfolio Servicing, Inc., by assignment recorded July 18, 2025, Reception No. 2025-022208, Lane County Deeds and Records. Quality Loan Service Corporation, was substituted as trustee in said Deed of Trust by instrument recorded August 11, 2025, Reception No. 2025-024899, Lane County Deeds and Records. 8. Request for Notice of Transfer or Encumbrance, Requester: State of Oregon, Department of Human Services, Recipient: Timothy B. Newhouse, Recipient’s DHS Identifier: PR201C5V/582126, recorded February 24, 2025, Reception No. 2025-004916, Lane County Deeds and Records. NOTE: In accordance with ORS 93.268 and 411.694, the Oregon Department of Human Services or the Oregon Health Authority has recorded the above request that it be notified by a title company of any transfer or encumbrance of this property within 30 days of the title company issuing title insurance. To give notice, use DHS Form 0524 – Notice of Transfer or Encumbrance, and mail it timely to the address shown on the recorded request. NOTE: The above exception will be eliminated upon proper notification to the Department of Human Services. 9. Due probate and administration of the estate of Timothy Bert Newhouse, deceased, Probate No. 25-PB-02284, filed March 13, 2025, which proceedings are pending in the Circuit Court of Lane County, Oregon. Sylvia Jude Phoenix was appointed Personal Representative. Attorney for the estate: Salvatore Catalano. 10. Claim in the Circuit Court of the State of Oregon for the County of Lane, against the Estate of Timothy Bert Newhouse, in favor of the State of Oregon, by and through the Department of Human Services, Estate Administration Unit, filed April 30, 2025, Case No. 25-PB-02284, in the amount of $18,543.98, plus interest, costs, and fees. Order No. 0351838 Page 3 11. Pursuant to ORS 116.223 a Personal Representative’s Deed must be recorded in the Lane County Deeds and Records. NOTE: The property address as shown on the Assessor's Roll is: 478 East 32nd Avenue Eugene, OR 97405 NOTE: Taxes, Account No. 0651859, Assessor's Map No. 18 03 08 2 3, #1100, Code 4-00, 2025-2026, in the amount of $2,785.74, PAID IN FULL. NOTE: As of the date hereof, there are no matters against LOW TIDE INVESTMENTS LLC, AN OREGON LIMITED LIABILITY COMPANY, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. nb: Title Officer: ALEXANDRA LEWIS Order No. 0351838 Page 4 PROPERTY DESCRIPTION Beginning at a point on the South line of the road known as 32nd Street, said point being 408.76 feet South and 512.85 feet East of the initial point of AMENDED PLAT OF ROSEDALE ADDITION TO EUGENE, as platted and recorded in Book 4, Page 81, Lane County Oregon Plat Records, said point being North 89° 46’ East 522.40 feet East from the intersection of the East line of said ROSEDALE ADDITION, if extended Southerly, with the South line of 32nd Street; thence North 89° 46’ East along the South line of said Street 60 feet; thence South 0° 08’ West 181.5 feet; thence South 89° 46’ West 60 feet; thence North 0° 08’ East 181.5 feet to the place of beginning, all of which lies within the Northwest 1/4 of Section 8, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon. MAP NO. 18-03-08-23 THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON. EAST 32ND AVENUE CLIFFORD CITY FILE NO. APPROVED AND ACCEPTED BY CITY OF EUGENE, OR City Deputy Recorder Date AFTER RECORDING RETURN TO: City of Eugene, City Recorder, Eugene, Oregon 97401 UNTIL A CHANGE IS REQUESTED, MAIL ALL TAX STATEMENTS TO: City of Eugene, Finance Department, Eugene, Oregon 97401 9/29/05 IRREVOCABLE PETITION FOR PUBLIC IMPROVEMENTS PETITIONER(S): Christopher J. Looney, Member and Operating Manager of Low Tide Investments, LLC. Date: ____________________, 2027 Petitioner is the owner of the following described real property: Parcel 1 of Land Partition Plat No. _________________, as platted and recorded on____________________, 2027, Reception No. 2027-__________________, Lane County Deeds and Records, in Lane County, Oregon Petitioner hereby irrevocably petitions the City of Eugene to initiate the following local improvements in accordance with the standard specifications of the City: Future public improvements in East 32nd Avenue to include street trees. This petition is presented to the City so that Petitioner’s property may be developed and receive municipal services from the City which will directly benefit Petitioner’s property and shall remain in full force and effect until the above described public improvements have been constructed, and accepted for maintenance as public improvements by the City Engineer. It is understood by Petitioner that: 1. The cost of the improvements shall be borne by the benefited property in accordance with state law, the Charter of the City of Eugene and its ordinances and policies. 2. The City in its sole discretion may initiate the construction of all or part of the local improvements requested or may join all or part of Petitioners property with other property when creating a local improvement assessment district. 3. Petitioner and Petitioners heirs, assigns and successors in interest in the property shall be bound by this irrevocable petition which will run with the property and will be recorded by the City in the deed records of Lane County. 4. Petitioner declares that the public improvements herein sought will directly benefit the described property and will directly benefit the City through improvements to the public way and public utilities serving the property and other properties in the vicinity. 5. Petitioner shall not challenge the formation of a local improvement assessment district by City and in proceedings therein will acknowledge this petition if requested to do so by City. 6. If the City is required to file an action in any court of competent jurisdiction to enforce the language in this petition or to prohibit the violation of any of the covenants contained herein, the prevailing party shall be entitled to recover reasonable attorney fees and costs and disbursements of litigation at trial or on appeal. 7. In construing this petition singular words include the plural. PETITIONER: ___________________________ PETITIONER: ___________________________ Christopher J. Looney Member and Operating Manager of Low Tide Investments, LLC STATE OF OREGON County of Lane Personally appeared the above named Christopher J. Looney, Member and Operating Manager of Low Tide Investments, LLC. and acknowledged the foregoing instrument to be their voluntary act and deed. Before me this day of _____________________, 2027. _____________________________________ Notary Public for Oregon My Commission Expires: ________________ CITY FILE NO. APPROVED AND ACCEPTED BY CITY OF EUGENE, OR City Deputy Recorder Date AFTER RECORDING RETURN TO: City of Eugene, City Recorder, Eugene, Oregon 97401 UNTIL A CHANGE IS REQUESTED, MAIL ALL TAX STATEMENTS TO: City of Eugene, Finance Department, Eugene, Oregon 97401 9/29/05 IRREVOCABLE PETITION FOR PUBLIC IMPROVEMENTS PETITIONER(S): Christopher J. Looney, Member and Operating Manager of Low Tide Investments, LLC. Date: ____________________, 2027 Petitioner is the owner of the following described real property: Parcel 3 of Land Partition Plat No. _________________, as platted and recorded on____________________, 2027, Reception No. 2027-__________________, Lane County Deeds and Records, in Lane County, Oregon Petitioner hereby irrevocably petitions the City of Eugene to initiate the following local improvements in accordance with the standard specifications of the City: Future public improvements in East 32nd Avenue Alley to include adequate paving and a stormwater conveyance system. This petition is presented to the City so that Petitioner’s property may be developed and receive municipal services from the City which will directly benefit Petitioner’s property and shall remain in full force and effect until the above described public improvements have been constructed, and accepted for maintenance as public improvements by the City Engineer. It is understood by Petitioner that: 1. The cost of the improvements shall be borne by the benefited property in accordance with state law, the Charter of the City of Eugene and its ordinances and policies. 2. The City in its sole discretion may initiate the construction of all or part of the local improvements requested or may join all or part of Petitioners property with other property when creating a local improvement assessment district. 3. Petitioner and Petitioners heirs, assigns and successors in interest in the property shall be bound by this irrevocable petition which will run with the property and will be recorded by the City in the deed records of Lane County. 4. Petitioner declares that the public improvements herein sought will directly benefit the described property and will directly benefit the City through improvements to the public way and public utilities serving the property and other properties in the vicinity. 5. Petitioner shall not challenge the formation of a local improvement assessment district by City and in proceedings therein will acknowledge this petition if requested to do so by City. 6. If the City is required to file an action in any court of competent jurisdiction to enforce the language in this petition or to prohibit the violation of any of the covenants contained herein, the prevailing party shall be entitled to recover reasonable attorney fees and costs and disbursements of litigation at trial or on appeal. 7. In construing this petition singular words include the plural. PETITIONER: ___________________________ PETITIONER: ___________________________ Christopher J. Looney Member and Operating Manager of Low Tide Investments, LLC STATE OF OREGON County of Lane Personally appeared the above named Christopher J. Looney, Member and Operating Manager of Low Tide Investments, LLC. and acknowledged the foregoing instrument to be their voluntary act and deed. Before me this day of _____________________, 2027. _____________________________________ Notary Public for Oregon My Commission Expires: ________________ ----------- Parcel List ----------- **** OVERALL PARCEL **** 748 -> 749: N 89°46'58" E 60.00' -------------------------------------------------------------------------------- 749 -> 750: S 00°08'58" W 181.46' -------------------------------------------------------------------------------- 750 -> 751: S 89°46'58" W 60.00' -------------------------------------------------------------------------------- 751 -> 748: N 00°08'58" E 181.46' -------------------------------------------------------------------------------- Total area of closed parcel = 10887.41 sq.ft. (0.24994 acres) Starting point number: 748 PCOR Ending point number: 748 PCOR Starting North: 428.54503346 Ending North: 428.54445169 Starting East: 793.81973814 Ending East: 793.81974034 Error North: 0.00058177 Error East: -0.00000221 (West: 0.00000221 ) Linear error: 0.00058178 Precision is greater than 1 foot in 147194.31038862 ================================================================================ **** PARCEL 1 **** 748 -> 749: N 89°46'58" E 60.00' -------------------------------------------------------------------------------- 749 -> 3198: S 00°08'58" W 61.46' -------------------------------------------------------------------------------- 3198 -> 3196: S 89°46'58" W 60.00' -------------------------------------------------------------------------------- 3196 -> 748: N 00°08'58" E 61.46' -------------------------------------------------------------------------------- Total area of closed parcel = 3687.56 sq.ft. (0.08465 acres) Starting point number: 748 PCOR Ending point number: 748 PCOR Starting North: 428.54503346 Ending North: 428.54445169 Starting East: 793.81973814 Ending East: 793.81974034 Error North: 0.00058177 Error East: -0.00000221 (West: 0.00000221 ) Linear error: 0.00058178 Precision is greater than 1 foot in 74042.16408433 ================================================================================ **** PARCEL 2 **** 3196 -> 3198: N 89°46'58" E 60.00' -------------------------------------------------------------------------------- 3198 -> 3197: S 00°08'58" W 60.00' -------------------------------------------------------------------------------- 3197 -> 3195: S 89°46'58" W 60.00' -------------------------------------------------------------------------------- 3195 -> 3196: N 00°08'58" E 60.00' -------------------------------------------------------------------------------- Total area of closed parcel = 3599.93 sq.ft. (0.08264 acres) Starting point number: 3196 Ending point number: 3196 Starting North: 367.08469345 Ending North: 367.08469345 Starting East: 793.65943091 Ending East: 793.65943091 Error North: -0.00000000 (South: 0.00000000 ) Error East: 0.00000000 Linear error: 0.00000000 Precision is greater than 1 foot in 73152.14630429 ================================================================================ **** PARCEL 3 **** 3195 -> 3197: N 89°46'58" E 60.00' -------------------------------------------------------------------------------- 3197 -> 750: S 00°08'58" W 60.00' -------------------------------------------------------------------------------- 750 -> 751: S 89°46'58" W 60.00' -------------------------------------------------------------------------------- 751 -> 3195: N 00°08'58" E 60.00' -------------------------------------------------------------------------------- Total area of closed parcel = 3599.93 sq.ft. (0.08264 acres) Starting point number: 3195 Ending point number: 3195 Starting North: 307.08489754 Ending North: 307.08489754 Starting East: 793.50293324 Ending East: 793.50293324 Error North: -0.00000000 (South: 0.00000000 ) Error East: 0.00000000 Linear error: 0.00000000 Precision is greater than 1 foot in 73152.14630429 ================================================================================ Total area of all parcels: 21774.82 sq.ft. (0.49988 acres)