HomeMy WebLinkAboutApplication APPLICANT 10/4/2013 •
:City Springfield
of S feld SPRINGFIELD
P 9
Development Services Department
225 Fifth Street
Springfield, OR 97477 /
Property Line Adjustment
Required Project Information (Applicant; complete this section)
Applicant Name: 77,n Mgfs//,q-Lc Phone: Sy/ -211-S/0 a
Company: CA e R,✓er Ce-P„-,Ia), - AJn-ft wesf Fax: S"y/797Y - Stn.SJ
Address: 3226o did (� �, 3y / Tkje..± OQ 973
Applicant's Rep.: Phone:
Company: Fax:
Address:
PROPERTY 1
Assessors Map #: /,r 0.3 0/ Tax Lot #: /000
Property Address: /�
Property Owner: 1k It-re RiverLorpanottbi-A/0.4L st Phone: CV/-n-520o
Company: Fax: Sy/- 9,f 5-37r
Address:3226o O(od FI�'kw.- 3c/ ,1 ay , OR 9'7389
PROPERTY 2
Assessors Map #: /(12 g 1/ Tax Lot #: 7D/
Property Address: op /1
Property Owner: t [e 4i✓erecionrrMs.. - es 74 Phone: 54/-941-.570 0
Company: Fax:Sy/- 9/S - 5-3 7 s
Address: 322 bo 01) }-f�l,wa.J 34 iln.4...�z.. . oh 973
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: 42escn'okii•e Ma,vie Ai-Ate y4-14-cc..,
Si natures: Please si•n and •rint our name and date in the a. .ro.riate box on the next •a•e.
Required Project,Information (City Intake Staff:`complete this section)y~
Associated Applications: bR.C_2009-OcO S �e, c34.44.17 34.4434.44.17 Case No.: `- 1ie 113 �ZZ Date: /O/OCl/zoll Reviewed by: `I" 7.f-�
Application Fee: $ 939 - Technical Fee: $ 1 �to 9� Postage Fee: $0
95 Pei-tool-Coco 3
TOTAL FEES: $
g PROJECT NUMBER Date Received:
OCT - 42013
Revised 6/6/11 Liz Miller 1 of 4
Original Submittal
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Signatures
The undersigned acknowledges that the information in this application is correct and accurate.
Applicant:
/, 4. Date: /0/.Znt3
Signatur-
Print
If the applicant is not the owner, the-owner hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 1: /1
JGjhw Date: /0/3 / 13
Signature
STEPHEN PREY
ASSISTANT SECRETARY
Print
If the applicant is not the owner, the owner,hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 2:
Date:
Signature
Print •
•
Date Received:
OCT - 42013
• Original Submittal
Revised 6/6/11 Liz Miller • 2 of 4
• •
Narrative
Purpose of Proposed Lot Line Adjustment
Knife River Corporation—Northwest
October 2013
Knife River Corporation—Northwest ("Knife River") has proposed a lot line adjustment for Tax Lots 1000
and 701 on Map 18 03 01. The purpose for this is to separate the portion of lot 701 that is east of
Quarry Creek(the north-south drainage extending from the Millrace to the Willamette River along the
east side of the Springfield Quarry butte) into its own lot to provide for greater flexibility relative to
managing our property. The eastern portion of lot 701 is zoned for industrial use and currently has a
development approval for concrete and asphalt batch plants. The portion of lot 701 that is west of
Quarry Creek is part of the quarry yard operations. The lot 1000 is also part of the quarry yard
operations. Both lot 1000 and 701 are zoned Heavy Industrial ("HI"). This adjustment puts the portion
of lot 701 that is used similarly to 1000 into the lot 1000. The lot line adjustment does not(Ref. SDC
5.16-125)—
• Create a new lot.
• Create a landlocked lot, because an easement is included to provide access.
• Reduce a lot below minimum size standards (10,000 square feet for HI zone). Lot 1000 is 3.1
acres prior to the lot line adjustment and lot 701 is 21.2 acres. After the adjustment, lot 1000
will be approximately 10.3 acres and lot 701 will be approximately 14 acres.
• Violate any previous conditions imposed on the lots. The only conditions are applicable to the
development of the portion of lot 701 that is to remain as 701 after the lot line adjustment.
• Detrimehtally alter the availability of public services or private utilities to each lot. There will be
no change in the availability of such services as the result of the lot line adjustment.
• Increase the degree of non-conformity of each lot. Both lots are zoned HI and the existing uses
will not change as a result of the lot line adjustment. The development approval (DRC2009-
00035) for lot 701 is not affected.
Date Received:
OCT - 42013
Original Submittal —
• •
After Recording Return Original to:
Randall B. Bateman, Esq.
Bateman Seidel PC
888 SW 5th Avenue, Suite 1250
Portland, Oregon 97204
DECLARATION REGARDING ACCESS EASEMENT
THIS DECLARATION REGARDING ACCESS EASEMENT ("Declaration") is made
this day of , 2013, by KNIFE RIVER CORPORATION —
NORTHWEST, an Oregon corporation (the "Declarant"), for the purpose of burdening and
benefiting the real property in Lane County, Oregon and more particularly described in Exhibits
A and B attached hereto and by reference incorporated herein (the "Property").
RECITALS
•
A. Declarant is the owner of the Property. Declarant applied for and obtained
approval for a lot line adjustment. Following that lot line adjustment, Declarant owns Tax Lot
701 (hereinafter "Tax Lot 701") and certain adjacent property ("Adjacent Property"). Tax Lot
701 is legally described in Exhibit A attached hereto and by reference incorporated herein. The
Adjacent Property is legally described in Exhibit B attached hereto and by reference incorporated
herein. Tax Lot 701 and the Adjacent Property are sometimes hereinafter collectively referred to
as the "Lots" and individually as "Lot."
B. As a condition to the lot line adjustment, Declarant is creating a private access
easement (the "Access Easement") to allow access from South F, across another private
easement, recorded August 24, 1989, at Reception No. 89-37796, Lane County, Oregon Records
("Connecting Easement"), and then crossing the Adjacent Property until it meets Tax Lot 701.
The location of the Access Easement is identified in the Plat recorded at
records of Lane County, Oregon ("Plat"). The Access Easement is legally described in Exhibit
C attached hereto and by reference incorporated herein.
C. Declarant intends for the Access Easement to be a common facility for the owners
of Tax Lot 701 ("Tax Lot 701 Owner") and the Adjacent Property ("Adjacent Property.
Owner"). Declarant further intends that Adjacent Property Owner maintain the Access
Easement. Tax Lot 701 Owner and the Adjacent Property Owner are sometimes hereinafter
collectively referred to as the "Owners" and each as an "Owner."
Date Received:
OCT - 4 2013
Page 1 — DECLARATION REGARDING ACCESS EASEMENT
Original Submittal
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D. The purpose of this Declaration is to grant the Access Easement and provide for
the use, operation, improvement and maintenance thereof.
DECLARATION
NOW, THEREFORE, based on the foregoing Recitals, Declarant declares as follows:
1. The Access Easement shall be a private easement for the use and benefit
of the Owners of the Property only and their respective lessees, mortgages, invitees, guests,
customers, agents, employees and other users (sometimes hereinafter referred to collectively as
the "Users"). Unless Tax Lot 3700 Owner and/or Tax Lot 502 Owner have rights of access
across the Access Easement created pursuant to other recorded documents, this Declaration does
not grant rights to the Owner or Users of Tax Lot 3700 or Tax Lot 502 to use the Access
Easement. The Access Easement shall be deemed to be a perpetual, nonexclusive easement over
the area described in Exhibit C for the passage of commercial motor vehicles and bicycle and
pedestrian traffic. There shall be no access from Tax Lot 701 to serve single-family or multi-
family housing.
2. The following terms and provisions apply to the Access Easement:
(a) No User shall place any buildings or other permanent structures,
other than the bridge and the water intake facility for the Adjacent Property that is part of the
Access Easement ("Bridge") thereon, prevent any other User's reasonable access or otherwise
take any action or fail to take any action that would unreasonably interfere with any other User's
rights hereunder. The Bridge is located on the Adjacent Property. The Adjacent Property Owner
operates a quarry on the Adjacent Property and during the business hours in which the quarry
operation is not open, the entrance to the Bridge is locked with a gate ("Gate'). The Adjacent
Property Owner shall have the right to lock the Gate whenever the quarry (or any successor
business) is not operating. Upon request, Tax Lot 701 Owner may obtain a key to the Gate from
Adjacent Property Owner at Tax Lot 701 Owner's cost and expense. Tax Lot 701 Owner and its
Users may then unlock the Gate for the purpose of ingress and egress but shall immediately lock
the Gate after crossing the Bridge. Tax Lot 701 Owner shall defend, indemnify and hold
Adjacent Property Owner harmless from any damage occurring at the Adjacent Property
resulting from a failure to keep the Gate locked as required by this subsection.
(b) The Adjacent Property Owner and its Users, but not the other
Owner or User, shall have the right to park, load or unload any vehicle in the Access Easement.
(c) The Access Easement shall not be used in any manner that results
in a violation of any covenants, conditions, restrictions or laws affecting the Access Easement
property.
(d) The use of the Access Easement shall be on a nonexclusive,
nonpriority basis except that the Owner of the Adjacent Property and its Users shall at all times
have priority use of.that portion of the Access Easement located on the Adjacent Property. The
reference to priority of use means that traffic generated to and from the Adjacent Property will
• Date Received:
Page 2— DECLARATION REGARDING ACCESS EASEMENT OCT - 4 2013
Original Submittal
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have the right-of-way and that the Owner and Users of Tax Lot 701 will yield the right-of-way to
such traffic. Signage will be installed by the Adjacent Property Owner should it become
necessary in order to enforce this provision (for example, Stop signs where needed).
(e) No User's rights hereunder shall lapse in the event of that User's
failure to use the Access Easement on a continuous basis.
(f) The Adjacent Property. Owner shall maintain the portion of the
Access Easement located on the Adjacent Property. If Tax Lot 701 Owner and/or its Users cause
damage to the Access Easement, including the Bridge over the Millrace, beyond ordinary wear
and tear, then such Tax Lot 701 Owner shall be responsible to repair and restore such damage in
a good and workmanlike fashion and as promptly as reasonably ,possible under the
circumstances.
(g) Each Owner shall indemnify and hold harmless the other Owners
from and against any and all claims arising from or in connection with use of the Access
Easement by that Owner and its Users, together with all costs, expenses and liabilities incurred in
connection with each such claim or action or proceeding brought thereon, including, without
limitation, all attorney fees and expenses. In addition, each Owner will indemnify, defend and
hold the other Owners harmless from any loss, liability, expense or claim that (i) arises out of or
in connection with an Owner's failure to perform or comply with the terms of the Access
Easement, (ii) any lien or claim that asserts priority over the interest of the other Owners'
easement rights under. the Access Easement, or (iii) arises out of or in connection with the
performance of any construction activities performed by or under the direction of the
indemnifying Owner. In case any action or proceeding is brought against an Owner and such
claim is a claim from which another Owner is obligated to indemnify an Owner pursuant to this
clause (g), the Owner, upon notice from the Owner subject to the claim, shall resist and defend
such action or proceeding (by counsel reasonably satisfactory to the Owner subject to the claim).
3. If the Bridge or any other aspect of the access from South F Street must be
widened or otherwise improved to accommodate the commercial traffic from the Property,
Adjacent Owner shall not be obligated to widen or otherwise improve the Bridge or any other
aspect of the access from South F Street and Tax Lot 701 Owner shall decrease its and its Users'
use of the Access Easement to relieve such congestion and excess use unless Tax Lot 701 Owner
is willing to pay for the cost of widening or otherwise improving the Bridge or any other aspect
of the access from South F Street.
(a) If Tax Lot 701 Owner believes the Bridge or any other aspect of
the access from South F Street should be widened or otherwise improved, Tax Lot 701 Owner
shall provide written notice of the need for improvement (an "Improvement Notice") to
Adjacent Property Owner. The Improvement Notice shall be sent by certified mail, return
receipt requested, to Adjacent Property Owner at the address shown for Adjacent Property
Owner in the Lane County tax assessor's records. The Improvement Notice shall specifically
describe the type of improvement required and include a bid from a reputable contractor to
perform the improvement work. Adjacent Property Owner shall have thirty (30) business days
after the giving of the Improvement Notice in which to object to the scope, nature or cost of the
improvement. The .notice of objection ("Notice of Objection") must b iven by Adjacent
1 mate Received:
Page 3 — DECLARATION REGARDING ACCESS EASEMENT OCT - 4 2013
Original Submittal__ ___
]SIGNATURE PAGE TO DECLARATION]
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date set
forth above.
KNIFE RIVER CORPORATION—NORTHWEST,
an Oregon corporation
By:
Name:
Title:
STATE OF OREGON )
) ss.
County of Linn )
The foregoing instrument was acknowledged before me this day of
, 2013, by , the of Knife
River Corporation—Northwest, an Oregon corporation, on behalf of the corporation.
NOTARY PUBLIC FOR OREGON
My commission expires:
Date Received:
OCT - it 2013
Original SubmittalPage 6— DECLARATION REGARDING ACCESS EASEMENT
EXHIBIT A
]legal Description of Tax Lot 701 to be added
after lot line adjustment completed)]
Date Received:
OCT - 42013
Original Submittal__
Exhibit A to DECLARATION REGARDING ACCESS EASEMENT
EXHIBIT B
[Legal Description of the Adjacent Property]
Date Received:
OCT - 2013
Original
Submittal______.
Exhibit B to DECLARATION REGARDING ACCESS EASEMENT
• •
EXHIBIT C
[Legal Description of Access Easement}
Date Received:
OCT -42013
Original Submittal,
Exhibit C to DECLARATION REGARDING ACCESS EASEMENT
• •
1651 Centennial Blvd. • Springfield,OR 97477 260 Country Club Rd,Ste 120•Eugene,OR 97401
P.O.Box 931 • Springfield,OR 97477 y P.O.Box 10211 •Eugene, OR 97440
Phone: 541.741.1981 • Phone: 541.687.9794
Fax: 541.741.0619 ;`. V,,• Fax: 541.687.0924
Evergreen
- lard Title Company
TITLE INSURANCE SERVICES • ESCROW CLOSINGS
September 26, 2013
Order No.• 13-8749
PRELIMINARY TITLE REPORT
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We are prepared to issue on request and on recording of the appropriate documents, a policy or policies
as applied for, with coverage's as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
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SEE EXHIBIT"A"ATTACHED HERETO
Showing fee simple title as of September 20, 2013, at 8:00 a.m., vested in:
KNIFE RIVER CORPORATION - NORTHWEST
Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the
policy form. No liability is assumed until a full premium has been paid.
Date Received:
OCT - 42013
Order No.: 13-8749
Page 1 of 5 Original Submittal
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SCHEDULE B
GENERAL 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.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a
correct survey would disclose.
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.
CURRENT EXCEPTIONS:
6. 2013-2014 Taxes, a lien not yet due or payable.
7. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal,
lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not
appearing in the Public Records or listed in Schedule B. The Company makes no representation
as to the present ownership of any such interests. There may be leases, grants, exceptions or
reservations of interests that are not listed.
8. Rights of the public and of governmental bodies in and to that portion of that portion of the
premises herein described lying below the high water mark of Mill Race and the ownership of the
State of Oregon in and to that portion lying below the high water mark thereof.
9. Any adverse claim based upori the assertion that the location of Mill Race has moved and that
any portion of the subject property has been created by artificial means or has accreted to such
portions so created, or based on the provisions of ORS 274.905 through 274.940.
10. Rights of the public in any portion of said premises lying within the limits of streets, roads and
highways.
11. Easement for Power Line, granted to Mountain States Power Company, including the terms and
provisions thereof, by instrument Recorded October 3, 1947, Book 357, Page 585, Reception No.
50133, Lane County Oregon Records.
12. Easement Agreement, including the terms and provisions thereof, between Georgia-Pacific
Corporation, and Pacific Power& Light Company, by instrument Recorded March'30, 1965,
Reception Nos. 97391, Lane County Oregon Records.
13. Easement, including the terms and provisions thereof, by instrument Recorded February 9, 1972,
Reception No. 85153, Lane County Oregon Records.
14. Agreement, granted to Georgia-Pacific Corporation, including the terms and provisions thereof, by
instrument Recorded February 6, 1975, Reception No. 75-04509, Lane County Oregon Records.
Date Received.
Order No.: 13-8749
Page 2 of 5 OCT - 4 2013
Original Submittal.__—
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15. Easement, including the terms and provisions thereof, by instrument Recorded August 24, 1989,
Reception No. 89-37796, Lane County Oregon Records.
16. Terms and Provisions as contained in Appurtenant Waiver of Right to Object Recorded August
16, 2006, Reception No. 2006-059048, Lane County Oregon Records..
17. Terms and Provisions as contained in Appurtenant Waiver of Right to Object Recorded October
24, 2006, Reception No. 2006-076996, Lane County Oregon Records.
•
18. Restrictive Covenant, including the terms and provisions thereof, by instrument Recorded August
20, 2007, Reception No. 2007-058426, Lane County Oregon Records.
19. Improvement Agreement including Notice of Potential Assessment Lien, including the terms and
provisions thereof, between the City of Springfield and Knife River Corporation - Northwest, aka
Morse Bros. dba Knife River an MDU Resources Company, by instrument Recorded April 22,
2010, Reception No. 2010-019152, Lane County Oregon Records.
20. Improvement Agreement, including the terms and provisions thereof, between the City of
Springfield and Knife River an MDU Resources Co., by instrument Recorded April 22, 2010,
Reception No. 2010-019153, Lane County Oregon Records.
NOTE: Taxes, Map No. 18-03-01-00-00701, Code 19-02, Account No. 0578037, 2012-2013,
$2,407.49, paid in full.
Taxes, Map No. 18-03-01-00-01000, Code 19-24, Account No. 0578045, 2012-2013, $110.48,
paid in full.
NOTE: The address of the property to be insured herein is: Unknown Unknown, Springfield, OR
97477.
NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) KNIFE RIVER
CORPORATION-NORTHWEST, and as of September 20, 2013, none were found.
NOTE: As of September 20, 2013, there are no liens for the City of Springfield.
INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF
RESCISSION RECORDED IN THE LAST 24 MONTHS.
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Date Received:
•
Order No.: 13-8749. - OCT -4 2013
Page of
Original Submittal__,_„__.______
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INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which
vests ownership 24 months ago are as follows: •
BARGAIN AND SALE DEED RECORDED SEPTEMBER 4, 2001, FROM ROCK RESOURCES,
LLC, AN OREGON LIMITED LIABILITY COMPANY, TO METRO ROCK & CONSTRUCTION
CO., AN OREGON CORPORATION, RECEPTION NO. 2001-057607.
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Very truly yours,
EVERGREEN LAND TITLE COMPANY
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HOME OFFICE
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By:
Joseph M Silence
Title Officer
cc:
Knife River--Tim Marshall
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NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR
ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE
CHARGED.
Date Received:
OCT - 42013
Order No.: 13-8749 Original Submittal
Page 4 of 5
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EXHIBIT "A"
LEGAL DESCRIPTION
•
PARCEL 1:
Beginning at the stone marking the re-entrant corner of the Isaac Briggs
Donation Land Claim No. 39, Township 18 South, Range 3 West of the Willamette
Meridian; thence North 89° 50' 40' West 346.00 feet along the South line of
said claim to the iron pin marking the Southeast corner of that tract
described in Book 438, Page 432, Lane County Oregon Deed Records; thence North
0° 16' 20' East 150 feet, more or less, along the East line of said tract to a
point on the South bank of the Mill Race; thence Southeasterly along said Mill
Race to a point on the West line of the vehicular bridge giving access over
the Mill Race to Springfield Quarry Rock Products, Inc. ; thence Northeasterly
60 feet more or less, along said West line to a point on the North line of
said Mill Race; thence Southeasterly along the Northerly side of said Mill
Race to a point on the East line of said bridge; thence Southwesterly along
said East line to a point on Southerly side of said Mill Race; thence
Southeasterly along said Southerly side to a point on the East line of the
West one-half of said Briggs Claim No. 39; thence South 0° 02' 15' West 530
feet, more or less, along said East line to an iron pin set in that survey
filed at the Lane County Surveyor's Office under No. 27718; thence North 89°
43' 48' West 1127.06 feet to an iron pin set in said Survey No. 27718; thence
South 0° 48' 42' West 470.00 feet to an iron pin set in said survey; thence
North 88° 16' 18' West 68.42 feet to a point; thence South 0° 21 ' 12' West
396.35 feet to an iron pin set in said survey; thence South 87° 13' 42' West
21 . 13 feet to an iron pin set in said survey on the West line of said claim;
thence South 0° 22' 25' West 261 .51 feet along said West line to an iron pin
set in said survey; thence North 89° 37' 35' West 168.90 feet to a eoint;
thence North 3° 22' 25' East 306.14 feet to a point; thence North 6 22' 25'
East 322.05 feet to a point; thence North 1° 22' 35' West 204.75 feet to a
point; thence North 8° 52' 35' West 122.59 feet to a point; thence North 4°
37' 25' East 109.33 feet to a point; thence North 15° 52' 25' East 135.18 feet
to a point; thence North 20° 07' 25' East 127.90 feet to a point; thence North
16° 23' 30" East 209.20 feet to the point of beginning, in Lane County,
Oregon.
PARCEL 2:
Beginning at a point on the South line of Donation Land Claim No. 39, in
Township 18 South, Range 3 West of the Willamette Meridian, Lane County,
Oregon, 5.25 chains North 89° 52' West of the corner in the angle of said
Donation Land Claim; and running thence North 89° 52' West 7.93 chains; thence
North 0° 29' East 5.15 chains to the center line of the Booth Kelly Lumber
Company Mill Race; thence South 73° East along said Mill Race center line 8.19
chains; thence South 0° 15' West 2.35 chains to the beginning point in Section
1 , Township 18 South, Range 3 West of the Willamette Meridian, in Lane County,
Oregon.
Date Received:
OCT - 4 2013
Order No 13-8749
Page of
Original Submittal
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• •
1:iPT 171402 Division of Chief Deputy Clerk 1001.051601
AFTER RECORDING, RETURN TO: Lane County Deeds and Records
Metro B& Construction Co.
b5- c/o Morse se Bros., Inc. 1111111111111111111111111111111111111111111111111
$56' 0
to Attn: Steve Frey 00210063200100576070070073
t'" P.O. Box 7 09/04/2001 02:14:21 PM
RPR-DEED Cnt=1 Stn=3 CASHIER 02
Lebanon, Oregon 97355 $35.00 $11.00 $10.00
UNTIL A CHANGE IS REQUESTED,
SEND ALL TAX STATEMENTS TO:
Metro Rock & Construction Co.
do Morse Bros., Inc.
1t 'r ?are.r r?.-turn In
Attn: Steve Frey t;;;cirrn rinnrCI 11!e CO
P.O. Box 7 P.0 Pc.. in,fic
Lebanon, Oregon 97355 Eugene, OR 1'0
STATUTORY BARGAIN AND SALE DEED
ROCK RESOURCES, LLC, an Oregon limited liability company ("Grantor"), conveys to METRO ROCK&
CONSTRUCTION Co., an Oregon corporation ("Grantee"), the real property situated in Lane County,
Oregon, more particularly described in Exhibit A attached hereto and by this reference incorporated herein.
The true consideration for this conveyance is $10,600,612.
•
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED
IN ORS 30.930.
Dated this 3/ day of August, 2001.
ROCK RESOURCES, LLC,
an Oregon limited liability company
By,
Gary R. ^arren, M- 'ber
Date Received:
By: `a±- Z
OCT - 4 2013 Ro_4 W. Langeliers, Mem
Original Submittal
146331II/RA1l100818-0001
STATE OF OREGON )
) ss.
County of `^`Yl Yl )
This instrument was acknowledged before me on this 3/ day of August,2001, by Gary R.
Warren, as Member of Rock Resources, LLC, an Oregon limited liability company, on behalf of the
company. •
,// ,
++ OFFICIAL SEAL ( ar .<a S/•/.
(J l �._ STACEY HARRISON
NOTARY PUBLIC - OREGON )) No •1 y Public for 9 gon
COMMISSION NO. 344160 () M Commission a :Tres: OS-o7-OS
1/1 I'1". I YCOMMISSIONWIRESMAY 7,2005(/ My
STATE OF OREGON )
• ) SS.
County of Jl't,h )
This instrument was acknowledged before me on this 3) day of August, 2001, by Roger W.
Langeliers, as Member of Rock Resources, LLC, an Oregon limited liability company, on behalf of the
company.
Atrai Atte
ti�`11��1 t� Not. ublic for 1 _on
t-'�•. OFFICIAL SEAL I My Commission expires: Q ine5-
// E "''� t. STACEY HARRISON
( �p,-�9 , NOTARY PUBLIC - OREGON(
1 ;J� COMMISSION NO 344160
•
MY COMMISSION CORES MAY 7,2005
`-mil•`-`1'�1'`l'`'`'ti111-�1-�/
Date Received:
OCT - 4 2013
Original Submittal
146331/1/RA1/100818-0001
.
EXHIBIT "A"
PARCEL I :
Government Lots 9, 10, 11 and 12 and that part of Government Lot 8 lying East
of the East line and the East line extended South of the Elias M. Briggs
Donation Land Claim No. 67, all in Section 2, Township 18 South, Range 3 West
of the Willamette Meridian, in Lane County, Oregon.
EXCEPT THEREFROM: That tract described in Warranty Deed to J. W. Machen and
Dora L. Machen, husband and wife, by instrument recorded March 2, 1911 , in
Book 92, Page 312, Lane County Oregon Deed Records, in Lane County, Oregon.
PARCEL II:
Government Lots 4, 10, 11 and 12 and the Southwest quarter of the Northwest
quarter and the Northwest quarter of the Southwest quarter of Section 1 ,
Township 18 South, Range 3 West of the Willamette Meridian, in Lane County,
Oregon.
EXCEPT from said Government Lots 10 and 11 , that tract conveyed to Pratt
Holverson, et al , by deed recorded July 1 , 1927, in Book 153, Page 508, as
corrected by instrument recorded January 4, 1937, in Book 189, Page 149, Lane
County Oregon Deed Records, and that tract conveyed to Booth Kelly Lumber
Company by deed recorded in Book 60, Page 33, Lane County Oregon Deed Records,
in Lane County, Oregon.
ALSO EXCEPT: Beginning at the center of Section 1 in Township 18 South, Range
3 West of the Willamette Meridian; and run thence North 00° 08' 04" West
471 .30 feet along the East line of Lot 10 of said Section 1 to a point on the
South line of the Isaac Briggs Donation Land Claim No. 39, in said Township
and Range; thence following said claim line North 89° 22' 35° West 362.03 feet
to the Southerly Southwest corner of said Briggs Claim; thence continuing
North 89° 22' 35" West 10.00 feet to a 'point in the center of a drainage
ditch; thence following said drainage ditch South 01 ° 25' 20" East 139.02 feet
to a point; thence South 39° 22' 55" East 189.54 feet to a point; thence South
18° 59' 50" East 75.05 feet to a point; thence South 06° 29' 15" East 111 .15
feet to a point on the South line of said Lot 10; thence leaving said ditch
and following said Lot line South 87° 43' 00' East 212.60 feet to the place of
beginning, all in said Section 1 , Lane County, Oregon.
Date Received:
OCT -4 2013
Continued Original Submittal
•
• . •
EXHIBIT 'A° Cont.
PARCEL III :
Lot 9, Block 13, AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION to Springfield,
as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records,
in Lane County, Oregon.
PARCEL IV:
Beginning at the stone marking the re-entrant corner of the Isaac Briggs
Donation Land Claim No. 39, Township 18 South, Range 3 West of the Willamette
Meridian; thence North 89° 50' 40" West 868.63 feet along the South line of
said claim to the iron pin marking the Southwest corner of that tract
described in instrument recorded in Book 438, Page 432, Lane County Oregon
Deed Records, and the true point of beginning; thence North 89° 50' 40' West
501 .86 feet continuing along said South line to the East line of that easement
granted to the United States of America, by instrument recorded July 15, 1960,
Reception No. 4706, being a line parallel with and 30.00 feet Easterly of the
centerline described in said instrument; thence North 18° 35' 30' East 114.27
feet along said East line to an angle point opposite 234+00.90 Back =
243+00.00 Ahead; thence North 22° 31 ' 20" East 225 feet, more or less, to a
point on the South bank of the Mill Race; thence Southeasterly 250 feet, more
or less, along said South bank to a point on the West line of said tract
described in Book 438, Page 432, Lane County Oregon Deed Records; thence South
0° 30' 20" West 270 feet, more or less, to the true point of beginning, in
Lane County, Oregon.
PARCEL V:
Beginning at the stone marking the re-entrant corner of the Isaac Briggs
Donation Land Claim No. 39, Township 18 South, Range 3 West of the Willamette
Meridian; thence North 89° 50' 40" West 346.00 feet along the South line of
said claim to the iron pin marking the Southeast corner of that tract
described in Book 438, Page 432, Lane County Oregon Deed Records; thence North
0° 16' 20" East 150 feet, more or less, along the East line of said tract to a
point on the South bank of the Mill Race; thence Southeasterly along said Mill
Race to a point on the West line of the vehicular bridge giving access over
the Mill Race to Springfield Quarry Rock Products, Inc. ; thence Northeasterly
60 feet, more or less, along said West line to a point on the North line of
said Mill Race; thence Southeasterly along the Northerly side of said Mill
Race to a point on the East line of said bridge; thence Southwesterly along
said East line to a point on Southerly side of said Mill Race; thence
Southeasterly along said Southerly side to a point on the East line of the
West one-half of said Briggs Claim No. 39; thence South 0° 02' 15" West 530
feet, more or less, along said East line to an iron pin set in that survey
filed at the Lane County Surveyor's Office under No. 27718; thence North 89°
43' 48" West 1127.06 feet to an iron pin set in said Survey No. 27718; thence
South 0° 48' 42" West 470.00 feet to an iron pin set in said survey; thence
North 88° 16' 18" West 68.42 feet to a point; thence South 0° 21 ' 12" West
396.35 feet to an iron pin set in said survey; thence South 87° 13' 42' West
21 .13 feet to an iron pin set in said survey on the West 1�'q gf� ¢,. m;
thence South 0° 22' 25" West 261 .51 feet along said West l'rhWt`to'in�ttd in
Continued OCT - 4 2013
Original Submittal
EXHIBIT "A" Cont.
set in said survey; thence North 89° 37' 35" West 168.90 feet to a point;
thence North 3° 22' 25" East 306.14 feet to a point; thence North 6 22' 25'
East 322.05 feet to a point; thence North 1° 22' 35' West 204.75 feet to a
point; thence North 8° 52' 35' West 122.59 feet to a point; thence North 4°
37' 25° East 109.33 feet to a point; thence North 15° 52' 25' East 135.18 feet
to a point; thence North 20° 07' 25" East 127.90 feet to a point; thence North
16° 23' 30" East 209.20 feet to the point of beginning, in Lane County,
Oregon.
PARCEL VI :
Beginning at a point on the South line of Donation Land Claim No. 39, in
Township 18 South, Range 3 West of the Willamette Meridian, Lane County,
Oregon, 5.25 chains North 89° 52' West of the corner in the angle of said
Donation Land Claim; and running thence North 89° 52' West 7.93 chains; thence
North 0° 29' East 5.15 chains to the center line of the Booth Kelly Lumber
Company Mill Race; thence South 73° East along said Mill Race center line 8.19
chains; thence South 0° 15' West 2.35 chains to the beginning point in Section
1 , Township 18 South, Range 3 West of the Willamette Meridian, in Lane County,
Oregon.
PARCEL VII :
Beginning at a point on the North line of Lot 3 in Section 1 in Township 18
South, Range 3 West of the Willamette Meridian, 212.60 feet North 87° 43' 00"
West from the center of said Section 1 ; and run thence along the center of a
drainage ditch South 10° 24' 00' East 152.65 feet to a point; thence South 26°
49' 40 West 163.88 feet to a point; thence South 03° 46' 50° West 231 .48 feet
to a point; thence South 05° 47' 25" East 150.60 feet to a point; thence South
12° 50' 00" East 213.93 feet to a point on the meander line of the right bank
of the Willamette River; thence North 89° 51 ' 00" West 63.41 feet to a point;
thence North 09° 51 ' 00" West 907.60 feet to a point on the North line of said
Lot 3; thence following said Lot line South 87° 43' 00" East 217.32 feet to
the point of beginning, all in said Lot 3, Section 1 , Lane County, Oregon.
Date Received:
OCT -.k 2013
Continued
Original Submittal
EXHIBIT "A' Cont.
PARCEL VIII :
A tract of land beginning at the 3/4 inch iron pipe marking the Northeast
corner of the Northwest quarter of the Southwest quarter of Section 1 in
Township 18 South, Range 2 West of the Willamette Meridian, said pipe bearing
South 87° 43' 00" East 1358.16 feet from the West one-quarter corner of said
Section 1 ; and run thence South 87° 43' 00' East 929.57 feet along the North
line of Lot 3 of said Section 1 to a 5/8 inch pin; thence South 09° 51 ' 00'
East 907.60 feet to a point; thence South 89° 51 ' 00' East 63.41 feet to a
point on the meander line of the right bank of the Willamette River
hereinafter referred to as Point A; thence following said meander line South
01 ° 43' 52" West 277.81 feet to a point; thence South 26° 43' 52' West 394.05
feet to a point; thence South 36° 43' 52" West 737.77 feet to a point; thence
South 78° 43' 52' West 554.78 feet to a point on the West line of said Lot 3
hereinafter referred to as Point B; thence North 00° 35' 40" East 2260.87 feet
along the West line of said Lot 3 to the point of beginning, all in said
•
Section 1 , Lane County, Oregon.
EXCEPT: From the above described tract a strip of land 63 feet in width
extending along and parallel with said meander line from said Point A to said
Point B and bounded on the Easterly and Southerly sides by side meander line,
in Lane County, Oregon.
•
PARCEL IX:
•
Beginning at a point in the center of a creek, said creek being the overflow
from the Booth-Kelly Mill Race to the Willamette River, said beginning point
begin 360.0 feet West of the Southeast corner of Lot 10, said Southeast corner
of Lot 10 being also the center of Section 1 , Township 18 South, Range 3 West
of the Willamette Meridian; thence West 56.0 feet; thence North 22° 53' West
1100.0 feet; thence East 370.0 feet to the center of said creek; thence
Southerly along center of said creek to the place of beginning, in Section 1 ,
Township 18 South, Range 3 West of the Willamette Meridian, in Lane County,
Oregon.
Date Received:
OCT - 42013
Continued Original Submittal
• •
•
EXHIBIT "A' Cont.
PARCEL X:
Beginning at the Southerly Southwest corner of the Isaac Briggs_Donation Land
Claim No. 39, in Section 1 , Township 18 South, Range 3 West of the Willamette
Meridian; thence South 89° 30' 49" East 1228.36 feet along the South boundary
of Isaac Briggs Donation Land Claim No. 39 to the Southeast corner of the West
one-half of said claim; thence North 00° 02' 27' East 1436.80 feet along the
East line of the West one-half of said claim to a point; thence North 89° 43'
48' West 1126.95 feet to a point; thence South 00° 48' 42" West 470 feet to a
point; thence North 88° 16' 18" West 68.42 feet to a point; thence South 00°
21 ' 12' West 396.35 feet to a point; thence South 87° 13' 42' West 21 .00 feet
to a point; thence South 00° 24' 47' West 566.44 feet to the point of
beginning, in Lane County, Oregon.
Date Received:
OCT - 42013
Original Submittal
2012 LANE CC/STY REAL PROPERTY TAX STATEM•
Account: 0578037 Alternate Parcel Number: 1803010000701
TCA: 01902
Legal Desc: Township 18 Range 03 Section 01 Quarter 00 TL 00701
Location: ADDRESS UNKNOWN
Bill To Party: KNIFE RIVER CORPORATION-NORTHWEST
32260 OLD HWY 34
TANGENT,OR 97389
Delinquent Interest,Computed Through: ' 09/25/2013
ACCOUNT VALUES
Description 2011 2012
MKTTL •$ 501,840 $ 501,840
AVR $ 230,678 $ 237,598 •
TVR $ 230,678 $ 237,598
TAXES AND SPECIAL ASSESSMENTS
Year Description ' Amount Assessed Balance Due
2012 Property Tax Principal $ 2,407.49 $ 0.00
Total for Tax Year 2012 $0.00
Grand Total: $0.00
•
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
PAYMENT INSTALLMENTS
Amount includes any unpaid prior year tax
Pay This Amount Due By
$0.00 09/25/2013
DISCOUNT IS LOST&INTEREST APPLIES AFTER DUE_DATES Total Taxes and Assessments: $ 0.00
Date Received:
KNIFE RIVER CORPORATION-NORTHWEST Account: 0578037
OCT -.4 2013 Enter Payment Amount:
32260 OLD HWY 34
TANGENT,OR 97389 $
Original Submittal
Make payment to:
Lane County Tax Collector 125 E. 8th Avenue Eugene, OR 97401-2968
• •
2012 LANE COUNTY REAL PROPERTY TAX STATEMENT
Account: 0578045 Alternate Parcel Number: 1803010001000
TCA: 01924
Legal Desc: Township 18 Range 03 Section 01 Quarter 00 TL 01003
Location: ADDRESS UNKNOWN
Bill To Party: KNIFE RIVER CORPORATION-NORTHWEST
32260 OLD HWY 34
TANGENT,OR 97389
Delinquent Interest Computed Through: 09/25/2013
ACCOUNT VALUES
Description 2011 2012
MKTTL $ 182,663 $ 182,663
AVR $8,126 $8,370
TVR $8,126 $8,370
TAXES AND SPECIAL ASSESSMENTS
Year Description Amount Assessed Balance Due
2012 Property Tax Principal $ 110.48 $0.00
Total for Tax Year 2012 $0.00
Grand Total: $0.00
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
PAYMENT INSTALLMENTS
Amount includes any unpaid prior year tax
Pay This Amount Due By
• $0.00 09/25/2013
DISCOUNT IS LOST&INTEREST APPLIES AFTER DUE DATES Total Taxes and Assessments: $0.00
KNIFE RIVER CORPORATION-NORTHWEST Account: 0578045
Enter Payment Amount:
32260 OLD HWY 34
TANGENT,OR 97389 $
Date Received.
Make payment to:
Lane County Tax Collector 125 E. 8th Avenue Eugene, OR 97401-2968 OCT - 4 2013
Original Submittal
•
Privacy Policy Notice
As adopted July 1, 2001
Evergreen Land Title Company
Private Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates,from sharing nonpublic personal information about you with a nonaffiliated third party
unless the institution provides you with a notice of its privacy policies and practices, such as the type of
information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of
the privacy policies and practices of Evergreen Land Title Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
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lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
•
We may disclose any of the above information that we collect about our customers or former customers
to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint
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and insurance.
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N.'E DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Date Received:
OCT - 42013
Original Submittal■