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Home My WebLink AboutApplication Materials Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning October 30, 2026 Brai Black Associate Planner City of Eugene Planning and Development 99 W 10th Avenue Eugene, OR 97401 RE: 1997 Orchard Street (MHT 26-28) Final Partition Written Statement Response to Findings and Decision of the Planning Director Brai: 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. Not applicable. (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 Fairmount Boulevard to include street trees. See attached Irrevocable Petition. 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 1997 Orchard Street (MHT 26-28) Page 2 of 4 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning 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. 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. · The final plat will be required to clearly identify that the plat is for a Middle Housing Land Division. 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. 1997 Orchard Street (MHT 26-28) Page 3 of 4 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning · 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 east and west sides of the property. The overhead electric service to the existing outbuildings cross over proposed parcel 2 for the benefit of parcel 1. In accordance with EWEB policies and procedures, electric facilities extending across tax lots to serve adjacent properties will require an easement. Prior to or concurrent with recording the final plat, the applicant shall provide EWEB with a 5’ wide Public Utility Easement or EWEB Utility Easement centered on the overhead facility or contact EWEB to have the service removed or relocated. A 5’ Wide EWEB Easement is proposed on the plan. An electric service extension is required to serve proposed parcels 2 and 3. 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 8” EWEB water main on the west side of Orchard Street 32nd Ave and a ¾” service to 1997 Orchard Street. There is also an 8” water main on the west side of Fairmount Blvd.. 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. 1997 Orchard Street (MHT 26-28) Page 4 of 4 Conditions of Approval October 30, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning 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. A PUE or EWEB Easement is required for the existing overhead lines crossing proposed Parcel 2 that serve proposed Parcel 1, unless those lines are relocated prior to recordation of the final plat. A 5’ Wide EWEB Easement is proposed on the Site Plan. A draft is included with this submittal minus the EWEB portion of the easement. That is coming. If a Public Utility Easement is designated on the plat, the plat should include the customary Note for PUEs: “No building, structure, trees, shrubbery or other obstruction shall be placed or located on or in a public utility easement.” 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.” I will coordinate with EWEB for this portion of the document. 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 July 08, 2026 ATTN: TINA NAULT Report No: 0353308 675 OAK ST, SUITE 100 Your No: EU26-1101 EUGENE, OR 97401 Seller: DELV, LLC Buyer: TO COME PRELIMINARY REPORT FOR: Owner's Standard Policy $T/C PREMIUMS: Owner's Standard Premium $T/C Gov. Lien/Inspect Fee $35.00 Temporary Billing $225.00 We are prepared to issue 2021 (7/1/2021) ALTA title insurance policy(ies) of CHICAGO 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: DELV, LLC, an Oregon limited liability company Estate: FEE SIMPLE DATED AS OF: JUNE 23, 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. 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. *0353308* Order No. 0353308 Page 2 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. Property taxes in an undetermined amount, which are a lien but not yet payable, including any assessments collected with taxes to be levied for the fiscal year 2026-2027. 7. Rights of the public in and to any portion lying within streets, roads and highways. 8. Our examination of the title to the subject property discloses no open Trust Deeds or Mortgages of record. The accuracy of this conclusion should be confirmed in writing prior to closing of the proposed transaction. 9. A copy of the Operating Agreement of DELV, LLC, including any amendments thereof, should be furnished to Cascade Title Company for the purpose of ascertaining members authorized to execute on behalf of the Limited Liability Company. 10. In lieu of the signatures of all the members and/or managers, we will require a Consent Resolution by all of the members and managers of DELV, LLC, consenting to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to sign for said limited liability company to be provided prior to closing. NOTE: The property address as shown on the Assessor's Roll is: 1997 Orchard Street Eugene, OR 97403 NOTE: Taxes, Account No. 0587368, Assessor's Map No. 18 03 04 2 2, #7100, Code 4-00, 2025-2026, in the amount of $4,770.16, PAID IN FULL. NOTE: A judgment search has been made on the above named Vestee(s), and we find NONE except as set forth above. 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: Warranty Deed recorded January 31, 2025, Reception No. 2025-002850, Lane County Deeds and Records. NOTE: The premium amount has been reduced by application of a reissue rate. 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/rh: Title Officer: TYLER YORK Order No. 0353308 Page 3 PROPERTY DESCRIPTION Beginning at a point 100.2 feet North of the Southwest corner of Lot 2, Block 22, FAIRMOUNT, as platted and recorded in Book 25, Page 289, Lane County Oregon Plat Records; and running thence North along the West line of said lot, 85 feet; thence East para llel with the South line thereof to the East line of said lot; thence Southerly along said East line to a point 100.2 feet North of the South line thereof; and thence West parallel with said South line to the place of beginning, in Eugene, Lane County, Oregon. MAP NO. 18-03-04-22 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. 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): Paul White, Manager of Delv, 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 Fairmount Boulevard 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: ___________________________ Paul White Manager Delv, LLC STATE OF OREGON County of Lane Personally appeared the above named Paul White, Manager of Delv, 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 **** 4415 -> 1875: N 00°00'00" W 84.88' -------------------------------------------------------------------------------- 1875 -> 1947: S 89°59'39" E 117.56' -------------------------------------------------------------------------------- Curve 1947-3262-3291 -------------------- Radius= 275.15; Angle=008°56'27"; Length= 42.94 Chord= 42.89; Tangent= 21.51 1947 -> 3262: N 78°26'57" E 275.15' 3262 -> 3291: S 69°30'30" W 275.15' Chord: S 16°01'16" E 42.89' -------------------------------------------------------------------------------- 3291 -> 3502: S 20°29'30" E 46.61' -------------------------------------------------------------------------------- 3502 -> 4415: N 89°59'39" W 145.71' -------------------------------------------------------------------------------- Total area of closed parcel = 11071.614 sq.ft. (0.25417 acres) Starting point number: 4415 Ending point number: 4415 Starting North: 2958.80522519 Ending North: 2958.80489757 Starting East: 3020.43952901 Ending East: 3020.43898848 Error North: 0.00032762 Error East: 0.00054053 Linear error: 0.00063206 Precision is greater than 1 foot in 133410.04064008 ================================================================================ **** PARCEL 1 **** 5755 -> 1875: N 00°00'00" W 54.48' -------------------------------------------------------------------------------- 1875 -> 5765: S 89°59'39" E 63.00' -------------------------------------------------------------------------------- 5765 -> 5764: S 00°00'00" E 54.48' -------------------------------------------------------------------------------- 5764 -> 5755: N 89°59'39" W 63.00' -------------------------------------------------------------------------------- Total area of closed parcel = 3432.240 sq.ft. (0.07879 acres) Could not mapcheck because there is no closing error. ================================================================================ **** PARCEL 2 **** 5755 -> 5764: S 89°59'39" E 63.00' -------------------------------------------------------------------------------- 5764 -> 5763: S 00°00'00" E 30.40' -------------------------------------------------------------------------------- 5763 -> 4415: N 89°59'39" W 63.00' -------------------------------------------------------------------------------- 4415 -> 5755: N 00°00'00" W 30.40' -------------------------------------------------------------------------------- Total area of closed parcel = 1915.451 sq.ft. (0.04397 acres) Starting point number: 5755 Ending point number: 5755 Starting North: 2989.20921132 Ending North: 2989.20524070 Starting East: 3020.43947469 Ending East: 3020.43947441 Error North: 0.00397062 Error East: 0.00000028 Linear error: 0.00397062 Precision: 1 foot in 47045.50160387 ================================================================================ **** PARCEL 3 **** 5763 -> 5765: N 00°00'00" W 84.88' -------------------------------------------------------------------------------- 5765 -> 1947: S 89°59'39" E 54.56' -------------------------------------------------------------------------------- Curve 1947-3262-3291 -------------------- Radius= 275.15; Angle=008°56'27"; Length= 42.94 Chord= 42.89; Tangent= 21.51 1947 -> 3262: N 78°26'57" E 275.15' 3262 -> 3291: S 69°30'30" W 275.15' Chord: S 16°01'16" E 42.89' -------------------------------------------------------------------------------- 3291 -> 3502: S 20°29'30" E 46.61' -------------------------------------------------------------------------------- 3502 -> 5763: N 89°59'39" W 82.71' -------------------------------------------------------------------------------- Total area of closed parcel = 5723.923 sq.ft. (0.13140 acres) Starting point number: 5763 Ending point number: 5763 Starting North: 2958.79871145 Ending North: 2958.79884165 Starting East: 3083.43952902 Ending East: 3083.43920012 Error North: -0.00013020 (South: 0.00013020 ) Error East: 0.00032890 Linear error: 0.00035373 Precision is greater than 1 foot in 95005.16383033 ================================================================================ Total area of all parcels: 22143.227 sq.ft. (0.50834 acres)