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July 28, 2020 Morgan Will Development Manager, Acquisitions & Development Stafford Development Co., LLC 8840 SW Holly Lane Wilsonville, OR 97070-9800 RE: Smith Creek Phase 1A (Tax Lot 052W13 00108) final plat app (FSUB 2020-01) Dear Mr. Will: Akin to a third incompleteness letter, this letter outlines remaining items needing revision before the City can approve the final plat application. (Staff reviewed the revised, third submittal final plat drawings received July 16, 2020 and enclosed.) A. n/a Ba. Easement, path: On Sheet 4, revise the Tract E easement label from “12’ pedestrian access easement per this plat” to “12’ public pedestrian access easement per this plat”. Per the City Engineer, “On sheet 4, add ‘PUE’ to track and add ‘See Plat Note 3) on sheet 1’ to track The third sub-item, to revise Sheet 1 Tract to add a note to see Sheet 1 Plat Note remains. Bb. n/a C. n/a D. n/a ---PAGE BREAK--- Letter of Incompleteness 3, July 28, 2020 – Smith Creek Development: Ph. 1A final plat app FSUB 2020-01 Page 2 of 4 E. Stormwater facilities: This item remains unresolved. Correct as follows: Sheet(s) Tract Problem Resolution 7 P First, background: The 1A civil engineering plans (Sheet 10, a composite utility plan, and Sheets 23 & 24, Tract P water quality facility details, all three enclosed and from the 5th submittal of June 2019, which Planning staff believes became the version that the Engineering Division approved) illustrated a stormwater facility in most of the tract to be dedicated to the City. Civil engineering plan Sheet 7, “Preliminary plat – west”, had a Note 2 indicating that, "Tracts and are private storm drainage facilities that are maintained by the developer or home owners association". Second, staff concludes that though not obvious on the plat drawings, Tract P has a stormwater facility. Do either or as the City Engineer would direct in writing upon the applicant’s request: Either: Divide the tract into two, dedicating the east tract with the facility to a party other than the City. Size the remainder, west tract, which contains the Cornwell-Mattson Path, at 30 ft width minimum and label it for and dedicate it to the City of Woodburn; or Dedicate an easement to an association and establish agreement for association to maintain the facility. 6 M The preliminary subdivision approval Exhibit Y-1 illustrated a conceptual stormwater facility straddling Phases 1A & 1B. The 1A civil engineering plans (Sheet 10, a composite utility plan, indicates nothing about such a facility, and there was no detail sheet as there were for Tracts K & P. Confirm whether or not a private stormwater facility overlaps from Phase 1B east onto Tract M. If so, divide Tract M so that the facility is its own tract. This remains. F. n/a G[1]. n/a ---PAGE BREAK--- Letter of Incompleteness 3, July 28, 2020 – Smith Creek Development: Ph. 1A final plat app FSUB 2020-01 Page 3 of 4 Consider this as review item "G2": You probably know that the legislature passed House Bill (HB) 2001 that amended ORS 197 and 455. I noticed in the draft CC&Rs you'd submitted that Article 1 Definitions, item 1.40 defines "residence" to include "attached" ADUs, which thereby excludes internal and detached ADUs, which would not meet amended ORS 197.312 and what will be an amended WDO when staff gets around to an amendment to conform with amended statute per its deadline. The easiest revision is to edit from, which may include an attached separate dwelling unit designed for multi-generational living within the structure", to, which may include an accessory dwelling unit (ADU), which Oregon Revised Statutes (ORS) 197.312(5)(b)(A) defines as an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling." *Staff added this item via e-mail to the applicant June 22, 2020. This remains. H. n/a I. n/a J. Public improvements: Construction and City inspection(s) and acceptance(s) remain outstanding. (The term is broad, including street, off-street, and off-site improvements and both surface and subsurface/underground improvements.) Construct and contact for City inspections, providing Planning Division staff in particular at least three business days notice. … This remains. In closing: Materials: Provide to my attention all revised and additional materials as an Adobe PDF file or files through a file sharing service as well as through three plan size paper copies of the final plat drawings and a smaller size or sizes for other documents. (The applicant may e-mail PDF files if the attachments remain under 10MB in total size.) Do not piecemeal submittal of materials. Letter: Include a dated cover or transmittal letter referencing the project parent case file number, name, and phase designation, citing each incompleteness item code, and for each item directing staff to the applicable and specific plan sheet or document and page number. Delivery: As of this writing, because of coronavirus Woodburn City Hall remains closed to the public indefinitely. The department accepts mailed materials. Any visitor must schedule an appointment prior to arrival, including couriers who would deliver paper submittals to the Community Development Department. Contact Alyssa Nichols, department receptionist, at (503) 982-5246 or [EMAIL REDACTED]. ---PAGE BREAK--- Letter of Incompleteness 3, July 28, 2020 – Smith Creek Development: Ph. 1A final plat app FSUB 2020-01 Page 4 of 4 Please contact me at [PHONE REDACTED] or <[EMAIL REDACTED]> with questions. Sincerely, Colin Cortes, AICP, CNU-A Senior Planner Enclosure: Plat drawings (submitted July 16, 2020; 9 sheets) cc: McKenzie Granum, Assistant City Attorney Chris Kerr, AICP, Community Development Director Dago Garcia, P.E., City Engineer Gabe Lewman, Project Manager, Barker Surveying, 3657 Kashmir Way SE, Salem, OR 97317 ---PAGE BREAK--- SHEET 3 SHEET 4 SHEET 6 SHEET 7 SHEET 5 SHEET 1 OF 9 SMITH CREEK REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 N SCALE: 1" = 200' SHEET INDEX SHEET 1 - INDEX, SHEET LAYOUT, NARRATIVE, PLAT NOTES SHEET 2 - OVERALL BOUNDARY, LEGEND, SURVEY REFERENCES, FOUND MONUMENT LIST, DETAILS THROUGH SHEET 3 - LOT & TRACT DETAILS, DETAILS AND LEGEND, FOUND MONUMENT LIST (CONTINUED) SHEET 4 - LOT & TRACT DETAILS, DETAILS THROUGH LEGEND SHEET 5 - LOT & TRACT DETAILS, DETAILS THROUGH AND LEGEND SHEET 6 - LOT & TRACT DETAILS, LEGEND SHEET 7 - LOT & TRACT DETAILS, LEGEND, DETAIL LEGEND, FOUND MONUMENT LIST (CONTINUED) SHEET 8 - CURVE AND LINE TABLES SHEET 9 - SURVEYORS CERTIFICATE, DECLARATION, ACKNOWLEDGEMENTS, APPROVALS NARRATIVE The purpose of this survey is to subdivide that property described in that instrument recorded in Reel 4227, Page 450, Marion County Deed Records (Parcel 2, Partition Plat 2019-40), into lots and tracts, and to create the streets and easements as shown hereon. The basis of bearings used was along the north line of Parcels 2 and 3 of Partition Plat 94-110 per MCSR 38848. The record boundary of Parcel 2, Partition Plat 2019-040 was held per said plat, based on the found monuments from Partition Plat 2018-75, Partition Plat 2019-40, Partition Plat 2019-63, Partition Plat 2019-69 and MCSR 38848. PLAT NOTES 1) TRACT IS SUBJECT TO A STORM DRAINAGE EASEMENT TO THE CITY OF WOODBURN AND A PUBLIC PEDESTRIAN EASEMENT ACROSS ENTIRE TRACT. 2) TRACT IS SUBJECT TO A STORM DRAINAGE AND WATERLINE EASEMENT TO THE CITY OF WOODBURN AND A PUBLIC PEDESTRIAN EASEMENT ACROSS ENTIRE TRACT. 3) TRACT IS SUBJECT TO A STORM DRAINAGE EASEMENT TO THE CITY OF WOODBURN LYING SOUTHERLY OF THE NORTH EDGE OF THAT STORM DRAIN EASEMENT RECORDED IN VOLUME 616, PAGE 32, MARION COUNTY DEED RECORDS. 4) TRACT AND SUBJECT TO A PUBLIC UTILITY EASEMENT OVER ENTIRE TRACTS. BARKER SURVEYING ---PAGE BREAK--- SHEET 2 OF 9 N SCALE: 1" = 200' SMITH CREEK DETAIL SCALE: 1" = 60' BARKER SURVEYING FOUND MONUMENTS LIST - 5/8" iron rod with yellow plastic cap marked "LS 2871", set in Partition Plat 2010-33. Held. - 1/2" iron pipe, down 0.8', set in WOODBURN SENIOR ESTATES NO. 7. Held. - 5/8" iron rod, bent and tied at spin, set in M.C.S.R. 36435. Held. - 5/8" iron rod, set in M.C.S.R. 36435. Held. - 5/8" iron rod, bent and tied at spin, set in Partition Plat 94-110. Held. - 5/8" iron rod with yellow plastic cap marked "DESANTIS LS 791", set in Partition Plat 94-110. Held. - 5/8" iron rod with yellow plastic cap stamped "DESANTIS LS 791", set in M.C.S.R. 34201. Held. - 5/8" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in Partition Plat 2019-040. Held. - 5/8" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in Partition Plat 2019-063. Held. - 5/8" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in Partition Plat 2018-075. Held. - 5/8" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in M.C.S.R. 38848. Held. - 5/8" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in Partition Plat 2019-069. Held. SURVEY REFERENCES - PARTITION PLAT NO. 2019-040 - PARTITION PLAT NO. 2019-063 - PARTITION PLAT NO. 2018-065 - PARTITION PLAT NO. 2018-075 - M.C.S.R. 38848 - PARTITION PLAT NO. 2019-069 - MONTEBELLO 2 44, P. 108, B.O.T.P.) - M.C.S.R. 35344 DETAIL SCALE: 1" = 30' DETAIL SCALE: 1" = 40' LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Found monument within 0.2' of ground surface unless noted otherwise (see found monument list) = Data of record and measured per Partition Plat 2019-040 = Data of record and measured per Partition Plat 2019-063 = Data of record and measured per Partition Plat 2018-065 = Data of record and measured per Partition Plat 2018-075 = Data of record and measured per M.C.S.R. 38848 = Survey Reference = Partition Plat = Reel = Page = Volume = Marion County Survey Records = Marion County Deed Records = Book of Town Plats = City of Woodburn ( )1 ( )2 ( )3 ( )4 ( )5 [ ] P.P. R. P. V. M.C.S.R. M.C.D.R. B.O.T.P. C.O.W. DETAIL SCALE: 1" = 30' REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 - M.C.S.R. 34322 [10] - M.C.S.R. 21246 [11] - M.C.S.R. 14028 [12] - M.C.S.R. 3057 [13] - WOODBURN SENIOR ESTATES NO. 7 22, P. 42, B.O.T.P.) [14] - MCSR 26435 [15] - PARTITION PLAT 2010-33 [16] - PARTITION PLAT 94-110 ---PAGE BREAK--- SHEET 3 OF 9 BARKER SURVEYING SMITH CREEK DETAIL SCALE: 1" = 30' DETAIL SCALE: 1" = 30' N SCALE: 1" = 50' SEE SHEET 4 LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" (To be post-monumented) = Set 5/8" x 30" iron rod with 1" aluminum cap stamped "WILSON PLS 2687" (To be post-monumented) = Found monument within 0.2' of ground surface unless (see found monument list) = Data of record and measured per Partition Plat 2019-040 = Data of record and measured per Partition Plat 2018-075 = Survey Reference = Partition Plat = Reel = Page = Volume = Marion County Survey Records = Marion County Deed Records = Book of Town Plats = City of Woodburn = Square Feet ( )1 ( )4 [ ] P.P. R. P. V. M.C.S.R. M.C.D.R. B.O.T.P. C.O.W. SF FOUND MONUMENTS LIST (CONTINUED) - 5/8" iron rod with yellow plastic cap marked "WILHELM END. OR. LS 2413", set in MONTEBELLO 2. Found 0.24' north of boundary line. - 5/8" iron rod with yellow plastic cap marked "WILHELM END. OR. LS 2413", set in MONTEBELLO 2. Found 0.25' north of boundary line. - 5/8" iron rod, set in MONTEBELLO 2. Found 0.08' north of boundary line. - 5/8" iron rod with yellow plastic cap marked "WILHELM END. OR. LS 2413", set in MONTEBELLO 2. Found 0.05' north of boundary line. - 5/8" iron rod, set in M.C.S.R. 34322. Found 0.04' south of boundary line. - 5/8" iron rod with aluminum cap, unreadable, down 0.08', set in M.C.S.R. 21246. Found 0.29' south of boundary line. - 5/8" iron rod with yellow plastic cap stamped "WILHELM ENG. OR. LS 2413", in concrete, set in MONTEBELLO 2. Held. - Railroad rail, origin unknown, shown in M.C.S.R. 3057. Found 0.08' south of boundary line. - 5/8" iron rod with yellow plastic cap stamped "WILHELM ENG. OR. LS 2413", set in M.C.S.R. 35344. Held. DETAIL SCALE: 1" = 30' REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY1, 2020 DETAIL SCALE: 1" = 20' ---PAGE BREAK--- SHEET 4 OF 9 SMITH CREEK N SCALE: 1" = 50' SEE SHEET 5 SEE SHEET 3 LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" (To be post-monumented) = Set 5/8" x 30" iron rod with 1" aluminum cap stamped "WILSON PLS 2687" (To be post-monumented) = Found monument within 0.2' of ground surface unless (see found monument list) = Data of record and measured per Partition Plat 2019-040 = Data of record and measured per Partition Plat 2018-075 = Public Utility Easement = Partition Plat = Book of Town Plats = Reel = Page = Volume = City of Woodburn = Square Feet = Radial Bearing ( )1 ( )4 PUE P.P. B.O.T.P. R. P. V. C.O.W. SF RB DETAIL SCALE: 1" = 20' BARKER SURVEYING DETAIL SCALE: 1" = 20' (10' DRAINAGE EASEMENT PER V. 616, P. 32, M.C.D.R.) DETAIL SCALE: 1" = 20' (10' DRAINAGE EASEMENT PER V. 616, P. 32, M.C.D.R.) DETAIL SCALE: 1" = 20' (10' DRAINAGE EASEMENT PER V. 616, P. 32, M.C.D.R.) REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 ---PAGE BREAK--- SHEET 5 OF 9 SMITH CREEK BARKER SURVEYING N SCALE: 1" = 40' DETAIL SCALE: 1" = 20' DETAIL SCALE: 1" = 20' DETAIL SCALE: 1" = 20' SEE SHEET 6 SEE SHEET 4 LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" (To be post-monumented) = Set 5/8" x 30" iron rod with 1" aluminum cap stamped "WILSON PLS 2687" (To be post-monumented) = Found monument within 0.2' of ground surface unless (see found monument list) = Data of record and measured per Partition Plat 2019-040 = Data of record and measured per Partition Plat 2018-075 = Public Utility Easement = Square Feet C.O.W. = City of Woodburn ( )1 ( )4 PUE SF REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 DETAIL SCALE: 1" = 20' ---PAGE BREAK--- SHEET 6 OF 9 N SCALE: 1" = 40' SMITH CREEK BARKER SURVEYING SEE SHEET 6 SEE SHEET 5 LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" (To be post-monumented) = Set 5/8" x 30" iron rod with 1" aluminum cap stamped "WILSON PLS 2687" (To be post-monumented) = Found monument within 0.2' of ground surface unless noted otherwise (see found monument list) = Data of record and measured per Partition Plat 2019-040 = Data of record and measured per M.C.S.R. 38848 = Marion County Survey Records = City of Woodburn = Square Feet ( )1 ( )5 M.C.S.R. C.O.W. SF SEE SHEET 5 REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 ---PAGE BREAK--- SHEET 7 OF 9 N SCALE: 1" = 40' SMITH CREEK SEE SHEET 6 LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" (To be post-monumented) = Set 5/8" x 30" iron rod with 1" aluminum cap stamped "WILSON PLS 2687" (To be post-monumented) = Found monument within 0.2' of ground surface unless noted otherwise (see found monument list) = Data of record and measured per Partition Plat 2019-040 = Data of record and measured per Partition Plat 2018-075 = Data of record and measured per M.C.S.R. 38848 = Reel = Page = Marion County Survey Records = Marion County Deed Records = City of Woodburn = Square Feet ( )1 ( )4 ( )5 R. P. M.C.S.R. M.C.D.R. C.O.W. SF BARKER SURVEYING DETAIL SCALE: 1" = 20' FOUND MONUMENTS LIST (CONTINUED) - 5/8" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in M.C.S.R. 38848. Held. - 1" iron pipe, set in M.C.S.R. 14028. On west right of way of BEN BROWN LANE. Found N09°54'21"E 0.05' from calculated position. - 1" iron pipe, set in M.C.S.R. 14028. On west right of way of BEN BROWN LANE. Found N09°54'21"E 0.62' from monument X. - 5/8" iron rod with yellow plastic cap stamped "WILSON 2687", set in M.C.S.R. 38848. REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 ---PAGE BREAK--- SHEET 8 OF 9 SMITH CREEK BARKER SURVEYING REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 ---PAGE BREAK--- SHEET 9 OF 9 SMITH CREEK I, Gregory L. Wilson, a Registered Professional Land Surveyor in Oregon, do hereby depose and say that I did accurately survey and mark with proper monuments the lands represented on the attached map, the name to be known as SMITH CREEK, being situated in the northwest one-quarter and the northeast one-quarter of Section 13, Township 5 South, Range 2 West of the Willamette Meridian, in the City of Woodburn, Marion County, Oregon, being described as follows: Parcel 2 of Partition Plat 2019-040 as platted and recorded in the Book of Partition Plats for Marion County, Oregon, containing 32.90 acres of land, more or less. The Initial Point of this subdivision plat is marked with a yellow plastic cap stamped "WILSON PLS 2687" found at the most Southerly southeast corner of said Parcel 2. Gregory L. Wilson Registered Professional Land Surveyor No. 2687 License expires June 30, 2022 SURVEYOR'S CERTIFICATE: Community Development Director, City of Woodburn Date Case No. PUD 2017-01 City Engineer, City of Woodburn Date Marion County Surveyor Date Marion County Assessor Date Taxes and assessments on the above described property as provided by ORS 92.095 have been paid through . Marion County Tax Collector Date Chairperson or Vice-Chairperson, Date Marion County Board of Commissioners Know all people by these presents that SMITH CREEK, LLC, an Oregon limited liability company, being the owner of the land described in the Surveyor's Certificate hereon made and desiring to dispose of the same in lots and tracts, has caused the same to be subdivided in accordance with the provisions of O.R.S Chapter 92. We hereby dedicate the streets and alleys as shown to the public forever. We hereby grant the public easements as shown hereon. SMITH CREEK, LLC By: Gordon Root - Manager DECLARATION: STATE OF OREGON S.S. COUNTY OF MARION I do hereby certify that this Plat Volume Page was received for recording on this day of , 2020, at o'clock and recorded in the Book of Town Plats. It is recorded in Marion County Deed Records in Reel , Page . Bill Burgess, Marion County Clerk By: Deputy County Clerk APPROVALS AND ACCEPTANCE OF DEDICATION: STATE OF OREGON S.S. COUNTY OF On this day of 2020, personally appeared before me, a Notary Public for said County and State, the above named Gordon Root, as Manager of SMITH CREEK, LLC, an Oregon limited liability company, who acknowledged to me that he executed the above instrument on behalf of said company freely and voluntarily for the uses and purposes stated therein and without fear or compulsion from anyone. NOTARY PUBLIC - STATE OF OREGON (PRINT NAME) COMMISSION NO. MY COMMISSION EXPIRES BARKER SURVEYING REPLAT OF PARCEL 2, PARTITION PLAT 2019-40 LOCATED IN THE N.W. & N.E. 1/4 OF SEC. 13, T. 5 R. 2 AND THE N.W. 1/4 OF SEC. 18, T. 5 R. 1. CITY OF WOODBURN, MARION COUNTY, OREGON JULY 1, 2020 In accordance with O.R.S. 92.070, the remaining corner monuments of this subdivision have been correctly set with proper monuments. An affidavit has been prepared regarding the setting of said monuments and is recorded in Reel Page of the Marion County Deed Records. Marion County Surveyor Date REMAINING CORNER MONUMENTATION An affidavit of consent by Builders Capital Opportnunity Fund, LLC, having a beneficial interest in that Assignment of Deed of Trust recorded in Reel 4229, Page 246, Records for Marion County, Oregon, has been recorded in Reel Page , Records of Marion County, Oregon. An affidavit of consent by D.R. Horton Inc - Portland, a Delaware corporation, being the beneficiary of that Trust Deed recorded in Reel 4227, Page 456, Records for Marion County, Oregon, has been recorded in Reel Page , Records of Marion County, Oregon.