Loading...
VAR2005-00007 • • EXHIBIT.,L NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005-00007 CITY OF TIGARD GREENSWARD PARK #3 LOT #73 CommunityDeve(opment ShapingA Better Community SIDE YARD SETBACK ADJUSTMENT 120 DAYS = 6/10/2005 SECTION I. APPLICATION SUMMARY FILE NAME: GREENSWARD PARK #3 SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00007 PROPOSAL: The applicant has requested a 10% adjustment to the east side yard setback to reduce the setback from 10 feet to 9 feet on Lot 73 of the Greensward Park #3 Subdivision (SUB2003-00002) to accommodate construction. APPLICANT/ OWNER: Four D. Construction Attn: David DeHarpport P.O. Box 1577 Beaverton, OR 97075 LOCATION: 14225 SW 89th Avenue; WCTM 2S111AA, Tax Lot 08900 (Lot 73 of the Greensward Park #3 Subdivision). COMPREHENSIVE PLAN DESIGNATION: R-4.5, Low Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. VAR2005-00007 -SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITION OF APPROVAL 1. All construction must be completed in compliance with the conditions of approval of the Greensward Park #3 Subdivision (SUB2003-00002). THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The property is the only flag lot in Greensward Park #3 Subdivision. The lot is located on 89th Avenue. The proposal is to reduce the east 10-foot side yard setback by 1 foot. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant has requested an Adjustment to reduce the east side yard setback by 1 foot to allow the placement of the house. The required side yard setback for a flag lot is 10 feet therefore, up to a 2-foot reduction of this setback may be allowed provided the following criteria are addressed. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired affect; The adjustment is being requested to allow a portion of the structure to protrude into the east side yard setback by 1 foot. According to the applicant this is the minimum relief needed for construction of plan on lot. The Adjustment will result in the preservation of trees, if trees are present in the development area; VAR2005-00007 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION According to the applicant, the adjustment would not adversely affect any trees on site, as there are no trees present. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. Emergency service can still access this dwelling and adjacent dwellings. There is not a reasonable alternative to the Adjustment which achieves the desired affect. Because of the size of the home and lot, there are no other reasonable alternatives to the placement of the home that would achieve the desired affect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: once was mailed to the applicant and owners. Final Decision: setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON FEBRUARY 10, 2005 AND BECOMES EFFECTIVE ON FEBRUARY 11, 2005. Questions: you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. Februa 10, 2005 PREPARED BY: ristie eerman DATE Planning Technician VAR2005-00007 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION GEOGRAPHIC INFORMATION SYSTEM VICINITY M" 87TH 'JO VAR2004-00007 ~ ERLY GREENSWARD PARK #3 KS SETBACK ADJUSTMENT T - w ELROSE CT Q Q X rn r SITE RS FERR SW MOUNT RD A lti - LN e a v 'a o- W e 2 Q r W aVLL`MT F I , > LANE a BONrA O V Q ~ TERR X 1dFSE.1RD DU RD 0 r" > ~ j Tigard Area Map to JU) N Q 0 2 0 N co C 00 M CC) INEZ ST 0 100 200 300 400 Feet 1'= 311 feet CNEBR ODD > cfl City of Tigard Information on this map is for general location only and 9G should be verified with the Development Services Division. 13125 SW Hall Blvd Z V/ M Tigard, OR 97223 C (503) 639-4171 0) 0) httpllwww.ci.tiga rd.or. us Community Development Plot date: Feb 10, 2005; C:VnagicNAGIC03.APR i o 1 ti w ~ .4 a w AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sfiaping,4 Better Community 1, Patricia G. Gu orb being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City ofTtgar Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑x NOTICE OF DECISION FOR: VAR2005-00001/GREENSWARD PARK #3 SETBACK ADJUSTMENT AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked MIN T% and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked MINI", and by reference made a part hereof, on February 10, 2005, and deposited in the United States Mail on February 10, 2005, postage prepaid. (Person tha Noti ) ST54 E O(F OUGON County o Wasji gton )ss. City of2gant ) Subscribed and sworn/affirmed before me on the 2 ! day of '2005. OFFICIAL SEAL SUE ROSS NOTARY PUBLIC-OREGON COMMISSION NO. 375152 Mv CO scion Expires: MY COMMISSION EXPIRES DEC. 1, 2007 tt ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Site Size: Case No.: y A4Z-?-Cb5- UQ~O 0:7 Applicant*: !Z i1/S Other Case No.(s): NlS T 2-,W(0S "O OV Address: . O . S` Receipt No.: 24-PZ6 - Oct `PS City/State: Zip:_ !?-707,5 Primary Contact: U 10 De&&PAVj:! Application AcNe d By: 4K Phone: ~d3 °S X70 0 $O S Fax;45"9D / 7 S J Date: °LProperty Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined To Be Com lete: _TiOM•G A~A-h-V42E p Address: Phone: City/State: Zip: Comp Plan/Zone esi nation: * When the owner and the applicant are different people, the S. applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): evelopment Adjustment - Front Yard, Interior Setbacks and Lot Coverage Application Elements Submitted: ➢ Special Adjustments: ❑ Application Form ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization ♦ Landscaping Adjustments - Existing/New Street Trees ❑ ♦ Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing ❑ Site/Plot Plan (2 copies) Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%2'x 11 ) ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washington Square Reg. Center Density Adjustments ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) Please state the reason fpr the Adjustment request: ❑ Filing Fee AaoU es s-r Q O Io P-ErD(¢G7Mc~fU /1,) S ZD,'` yA&D ~7 As=ks ~Q' .7 0 r AU_O~W Jurisdiction: ❑ City ❑ Urb ,5~=Lc o 12t. ,3?o y~o c.[ZI•Te Y.-- ►P1 (A us-rA& cso~ 5~~-~, f tc~firc~~ pLAO O N Oki ~~7- lc. L ~~1tsT 8 ~A1=~' -c) ~Xtr-C~LI:o.ll~. W-4 U- ALLOW ,s V-O>c' la ~f o N ~ Lc~ T. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subiect property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. 2~h-- DATED this day of -,20 e) Applicant/Authorized Agent Signature Owner's re Owner's Signature Owner's Signature CITY OF TIGA" 2/4/2005 13125 SW Hall Blvd. 9:55:08AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000000459 Date: 02/04/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00006 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00006 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 VAR2005-00007 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00007 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $498.00 • Payments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid CreditCard DAVID J DEHARPPORT KJP 068968 In Person 498.00 Payment Total: $498.00 • cReceipLrpt Page 1 of 1 • 313 3 • b + " 4 First American Tide Insurance Company of Oregon 1700 SW Fourth Ave, Ste 102 Portland, OR 97201 First American Phn - (503) 222-3651 Fax - (503) 790-7858 James Welch, Title Officer Toll Free: (800) 929-3651 Direct: (503) 795-7669 Email: jwelch@firstam.com r First American Title Insurance Company of Oregon Order No.: 7031-495167 4650 SW Griffith January 19, 2005 Beaverton, OR 97005-8799 Attn: Marilee Cohen Phone No.: (503) 641-7000 - Fax No.: (503) 627-0921 Email: mcohen@firstam.com Preliminary Title Report ALTA Owners Standard Coverage Liability $ Premium $ ALTA Owners Extended Coverage Liability $ Premium $ ALTA Lenders Standard Coverage Liability $ Premium $ ALTA Lenders Extended Coverage Liability $ Premium $ Endorsement 100, 116 & 8.1 Premium $ 50.00 Govt Service Charge cost $ 50.00 Other Cost $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: Lot 73, GREENSWARD PARK NO. 3, in the City of Tigard, County of Washington and State of Oregon. and as of January 07, 2005 at 8:00 a.m., title vested in: Four D Development Co., an Oregon Corporation Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 1. City liens, if any, of the City of Tigard. Note: There are no liens as of January 19, 2005. 2. Statutory powers and assessments of Clean Water Services. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. Preliminary Report • • Order No.: 7031-495167 Page 2 of 5 3. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: February 17, 1965 in Book 366, Page 10 4. City of Tigard, Ordinance No. 92-11 , an Ordinance Establishing the McDonald Street Sanitary Sewer Reimbursement District Recorded: April 14, 1992 as Fee No. 92024246 5. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an indebtedness of up to $1,944,000.00 Grantor: Four D Development Co. Beneficiary: Sterling Savings Bank Trustee: Pacific Northwest Title Dated: July 10, 2003 Recorded: July 18, 2003 Recording Information: 2003-116843 (Covers Additional Property) 6. Easement on the recorded plat/partition as follows: "In addition to other easements as shown or noted, the frontage of all lots and tracts abutting the public rights of way and the private street tract boundaries, are subject to a 6.00 foot wide easement for public storm and surface water drainage and sanitary sewer facilities as well as public water supply, public pedestrian sidewalks and other public and private regulated utilities." 7. Easement as shown on the recorded plat/partition For: Public Storm drain Affects: Northerly portion 8. Easement on the recorded plat/partition as follows: "Lot 73 is subject to a private ingress/egress easement for the benefit of Lot 72, abutting the North line as shown." 9. Restrictions shown on the recorded plat/partition of Greensward Park No. 3. 10. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: April 9, 2004 as Fee No. 2004-037634 11. Easement Agreement, including terms and provisions thereof. Recorded: April 9, 2004 as Fee No. 2004-037635 12. Maintenance provisions, and the terms and conditions thereof, contained in instrument: Recording Information: April 9, 2004 as Fee No. 2004-037636 13. The following pertain to lender's Extended coverage only: First American Tide Preliminary Report • • Order No.: 7031-495167 Page 3 of 5 a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. b. Parties in possession, or claiming to be in possession, other than the vestees shown herein. C. Statutory liens for labor and/or materials, including lines for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto, where no notice of such liens or rights appears of record. - END OF EXCEPTIONS - NOTE: We find no judgments or United States Internal Revenue liens against Laurie Duffield and Ronald C. Duffield NOTE: Taxes for the year 2004-2005 PAID IN FULL Tax Amount: $455.87 Map No.: 2S111AA-08900 Property ID: R2126663 Tax Code No.: 023.74 NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. Situs Address as disclosed on Washington County Tax Roll: 14225 SW 89th Avenue, Tigard, OR 97223 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! RECORDING INFORMATION Filing Address: Washington County 155 North 1st Avenue Hillsboro, OR 97124-3087 Recording Fees: $ 5.00 per page $ 6.00 per document (Public Land Corner Preservation Fund) $ 11.00 per document (OLIS assessment & Taxation Fee) $ 5.00 for each additional document title $ 20.00 non-standard fee cc: Laurie Duffield and Ronald C. Duffield cc: Four D Construction cc: Alan DeHarpport, Roundstone Properties 9550 SW Beaverton-Hillsdale Hwy, Beaverton, OR 97005 Fn3tAmedcan Tide Preliminary Report Order No.: 7031-495167 Page 4 of 5 cc: Sue Albert, RE/MAX Equity Group, Inc. .6245 SW Capitol Hwy, Portland, OR 97239 First Amejican Tithe Preliminary Report 0 0 Order No.: 7031-495167 Page 5 of 5 r~♦ AU7Y ~~r,e First American Title Insurance Company of Oregon .a- n SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (U) the character, dimensions or location of any improvement now or hereafter erected on the land; (111) 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 (w) environmental protection, or the effect of any violator 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 Date of Policy; (b) Any govern-tat police power not excluded by (a) above, except to the extent that a 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 Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Polley, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or the extent insurance Is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting In ins or damage which would not have been sustained If the Insured claimant had paid value for the insured mortgage. 4. Unenforceabllity of the lien of the Insured mortgage because of the inability or failure of the inured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state In which the land is situated. 5. Invalidity or unenforceaMlity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for sehvices, labor or materials (or the claim of privity of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Polley and is not financed In whole or In part by proceeds of the indebtedness seared by the Insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (11) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. ALTA OWNER'S POLICY .(10/ 17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation pn cluding but riot limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation In ownership or a charge 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 Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a 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 Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be bunting on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no ins or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest Insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (11) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer, or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard policy form will contain in Schedule B the following standard exceptions to coverage: 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; proceeding by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests, or claims which are rot shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records, unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 5. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST 71 149 Rev. 5-99 moist American Title