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<br />5. The applicant is requesting a review to determine the number of legal lots within the bounds of current day tax lot <br />1200. <br /> <br />6. Various agencies were contacted and given an opportunity to comment. <br /> <br />Marion County Septic commented: “Each independent lot or parcel shall be served by its own onsite wastewater <br />treatment system unless otherwise determined by septic approval. Properties less than 10 acres should have an <br />approved Site Evaluation. The only septic records/activity on file is a record review under permit # 555-01-08140 <br />which only shows one septic system linked to the address, serving the dwelling NW of Butteville Rd.” <br /> <br />All contacted agencies either failed to comment or stated no objection/concern to the proposal. <br /> <br />7. The summary of the deed history is as follows: <br /> <br />1. A thorough search of each available deed for the property was conducted to determine its legality. There <br />are no previous land use cases on this parcel. The property has been described in its current configuration <br />since 1976 (R. 45 Pg 492), prior to the adoption of land use planning. <br /> <br />2. Each legal description after 1976 describes the entire tax lot together as one piece of land. Following this <br />description in R. 45 Pg. 492, there is a SAVE AND EXCEPT to the portion of right-way of the Oregon <br />Electric Railroad and a section stating, “subject to the rights of the public in and to that portion of the <br />above-described tract of land lying within Market Road No. 65.” <br /> <br />3. The Marion County Surveyor was contacted to determine whether the road and railroad were conveyed <br />by fee or were placed as a public easement. His findings are as follows: <br /> <br />a. A 1907 recorded deed (Vol. 96 Pg. 579-580) describes that the land deeded to the Oregon <br />Electric Railway Company from the subject parcel conveyed fee ownership. This resulted in a <br />division of land by intervening ownership. <br />b. Butteville Road (Market Road #65) was created through the petition process in 1870 and is a <br />public easement. <br /> <br />4. The County Surveyor made the legal determination that the conveyance of fee ownership by the <br />placement of the railroad divided the subject parcel legally. Therefore, the establishment of the Oregon <br />Electric Railroad public right-of-way created two legal parcels within the subject property. <br /> <br />5. The County Surveyor made the legal determination that Butteville Road is a public easement. Easements <br />do not divide land but can rather be placed on top of a legal parcel. <br /> <br /> In summary: <br /> <br />o The approximate 2.82-acres west of the railroad is ONE LEGAL PARCEL. <br />o The approximate 40.57-acres east of the railroad is ONE LEGAL PARCEL. <br /> <br />8. Based on the above findings, it has been determined that there 2 legal lots within the bounds of tax lot 1200. <br />These parcels may be bought and sold separately from other parcels and are legal for land use purposes. <br /> <br /> <br />Brandon Reich Date: September 24th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision, contact Gillian Peden at (503) 588-5038. <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.