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6. Various agencies were contacted and given an opportunity to comment. Marion County Septic provided commented: “This property currently has a Major Repair septic permit with Marion County Building Inspection. If the property is 3 legal lots, then site evaluations are required for the lots without septic systems. The Major Repair septic system will need to either remain located on the legal lot that the house is located or an easement will be required for the lot the septic system will be located. All other contacted agencies either failed to comment or stated no objection/concern to the proposal. 7. The applicant provided the most recent deed for the property (Reel 4509 Page 416), which was reviewed along with deed history taken from the Marion County Assessor and Clerk’s Office records. Surveys, plats, and road records were also researched and reviewed. Summary of Deeds: The oldest deed identified was recorded in 1972 (Vol.732 Pg. 620), describing the most easterly historical tax lot, approximately 0.50-acres in size. This deed does not reference the remaining western portions of the land, indicating that, in 1972, this eastern section was a separate parcel sold independently of the other parcels. A subsequent deed recorded in 1974 (Vol. 787 Pg. 549) details the most easterly and central historical tax lots as two distinct parcels, referred to as Parcel #1 and Parcel #2. The most westerly historical tax lot is described separately in the same volume. In 1985, a deed (R. 416 Pg. 371) delineates three distinct lots as Parcel #1, Parcel #2, and Parcel #3. A deed recorded in 1990 (R. 777 Pg. 186) does not explicitly identify the parcels but introduces them with the term “also” prior to the description. Each deed recorded after the 1990 deed aligns with the description found in Reel 77 Page 186, continuing up to the most recently recorded deed in 2021. Analysis: The Planning Division recognizes the lot status as legally established as of September 1st, 1977, when the county officially adopted subdivision ordinances. After this date, any lot consolidation or division required adherence to land use processes to be deemed legal. The legal descriptions prior to September 1st, 1977, indicated three legal parcels of land. The deed description changed in 1990, as the previously designated “Parcel #1, Parcel #2, and Parcel #3 was revised, utilizing “also” in their description. This raises the questions of whether the term “also” eliminates property lines. According to ORS 92.017, “a lawfully created lot or parcel remains a discrete lot or parcel unless the lot or parcel lines are vacated or is further divided, as provided by law.” Marion County interprets this statute as necessitating a specific process to eliminate property lines and does not consider the inclusion of “also” as such a process. Furthermore, when interpreting deeds with multiple legal descriptions, the use of conjunctions linking the descriptions does not, in itself, vacate property lines or combine parcels. Therefore, it can be concluded that the use of “also” in the deeds recorded after 1985 did not vacate the property lines or merge the deeds. In summary: o Tax lot 1500 of Section 28DB is considered THREE LEGAL SEPERATE parcels of land for Planning purposes. 8. Based on the above findings, it has been determined that there are 3 legal lots within the bounds given for research, in alignment with the historical lots shown in Assessor records. The legal lots are: approximately 0.50 acres along the eastern property line (Parcel #1 in R. 416 Pg 371), 0.34-acres located in the center of the property (Parcel #2 in R. 416 Pg. 371), and 0.45-acres along the western property line (Parcel #3 in R. 416 Pg 371). Brandon Reich Date: June 18th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Gillian Peden at (503) 588-5038. Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.