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Home My WebLink AboutApplication APPLICANT 4/3/2008 City of Spnngfield Development Services Department 225 Fifth Street Spnngfield, OR 97477 Date Received: APR .. 3 2008 Serial Property Line Adjustment . On mal Submittal Applicant Name: Byron Roberts Company: Address: I Breeden Bros., LLC 366 East 40th Avenue, Eugene, Oregon 97405 Phone: 686-9431 I Fax: Applicant's Rep.: Daniel W. Baker Phone: 343-7243 Company: Address: I I Baker and Associates Surveyors, In. Fax: 343-7242 1574 Coburg Road #144, Eugene, Oregon 97401 PROPERTY 1 Assessors Map #: 17-02-30 Property Address: Property Owner: Breeden Bros., LLC Tax Lot #: 800 Phone: 686-9431 Company: Address: Same 366 East 40th Avenue, Eugene, Oregon 97405 PROPERTY 2 Fax: Assessors Map #: 17-02-30 Property Address: 3200 VltuS Lane Property Owner: Rainbow Water Dlstnct Tax Lot #: 801 Phone: 746-1676 Company: Same Fax: Address: 1550 North 42nd Street, Spnngfleld, Oregon 97477 I I Description of If you are filling In thiS form by hand, please attach your proposal description to thiS application Proposal: See attached wntten statement Si natures: Please Sl nand rint your name and date In the appropriate box on the next Associated Applications: I Signs: Case No.: ~LL~ J..()O~ -OQ6l-:r , D?lt~~ Reviewed by: ItJJLl,,- I" 455.cn Application Fee: $ ~)O.OO Technical Fee: $ ~O, 50 Postage Fee: $ PROJECT NUMBER: TOTAL FEES: $ /, t1 ~ 5. 5D I ReVised 1/1/08 Molly Markanan 1 of 1 Sig natlLl res Applicant: The undersigned acknowledges that the information in this application IS correct and accurate ~J ~ Date: 3/rz/o8 ~igni3ture/ I Daniel W. Baker Print If the applicant IS not the owner, the owner hereby grants permiSSIon for the applicant to act in his/her behalf Property ~ L ownerl:~___~~ Slgna~ ~ Date: .3- /2 - t:> '8 Byron Roberts Print Breeden Bros., Inc. If the applicant IS not the owner, the owner hereby grants permiSSion for the applicant to act in his/her behalf Property Owner 2: ~~aqr o . Timothy Hanley J Print :d /!J2 I / ) Date: '3 ~~/cJe , " Rambow Water Dlstnct Date Received: APR - 3 2008 Original Submittal Revised 1/1/08 Molly Markarran 2 of 4 CITY OF SPRINGFIELD VICINITY MAP SUB2008-00017 Vacant/3200 Vitus Lane ro~ y /' _ .____... u. '------- - \ SITE Map 17-02-30-00 Tax Lot 800, 801 North + . Date Received: APR - 3 2008 Original Submittai ~ tAL PROPERTY LINE ADJUSTMENT SURVEY IN NORTHEAST 1/4 OF SECTION 3D, T17S, R2W, W M SPRINGFIELD, LANE COUNTY, OREGON MARCH t 9, 2008 LANE COUNTY SUR'vEYORS CJ'FICE C SFllE NO -I ROAOWA Y GRANT PER BOOK JS5. PAGE 506. LANE COUNTY" OREGCN a:F7OAL ~CCWDS. flUNG DATE Date Received: NOT TO SCALE BREEDEN BROS, INC TAX LOT 700 to 8. c APR - 3 2008 ./ ._ --r ~'9/U . , "IQ8 Submittal 5040 I 57T21'03'''1 I \ I I 1 I 1\g I ~~. I .1i ~'" \ EASEMENT TO aT'l OF EUGENE \1 \ ./ REa 258. RECEPTION NO 90027, LANE \ y- COUNTY" OREGON OFFIaAL RECORDS. I sJm'~'1l' -I \-20' EASEltCNT TO RAINBOw WA 1ER DISTRICT \ \ REEL 264 R€CEPTlON NO. 9297J. LANE~ I FOUND ,- IRON PIPE COUNTY. OI/E'C(W ornaAL RECO#IOS. 'II II I CSF ':1777 OlD ,.."......."'., LINE FOUND PLA , PER '" I i--'---"~\ -, \ /..-- - SSQ.JO....l'... ,.... 31766' l...,'!O 5 81 ./ ./ ./ ./ ./ ./ ./ ./ ///7 ,..... EASEJlENT TO CITY OF CUGENE /' BOOK 124, PAGE 276. LANE COUNTY, OREGON / OFFIQAL ReCORDS. ./ ./ ~ -'" ~'t. ~.~ foJ174' NSJ'S oaT 2 ~), 1,479.864 sq It '" 33 973 acres FOUND. ,. IRON PIPe PER CSF 'J777 BREEDEN BROS, INC TAX LOT 800 EASElJENT 10 BENHAM IRRJGA 110N COMPANY BOOK 121. PAGE 66. LANE COUNTY, 0RECtJN OFF1C1AL RCCCROS. r REGISTERED I PROFESSIONAL LAND SURVEYOR LEGEN12 ~...' J7.J.U' l OREGON j DANIEL W llAKER 1978 EXPIRES 12/31/09 - FOUND 5/8" REBAR W/CAP "TACCHINI" PER AMBLeS/De MeADOIlS PLA T UNLeSS NOTeD OTIIE:RWlSE CALCULA TeD POINT (NOT SET) NOTES ,...~. '&It ;t,>~ I PROPeRTY UNe ADJUSTMeNT , IS A CONVE:YANCE: FROM RAINBOW...... "", WA TeR DISTRICT TO BReeDeN BROS. INC ' 2 PROPeRTY LIN. ADUSTMeNT 2 IS A CONVE:YANCe FROM BReeDeN BROS INe. TO RAINBOW WA TeR DISTRICT J RAINBOW WATeR DISTRICT CURRE:NTLY ACCE:SS'S TIIelR PROPeRTY FROM AN eASEMeNT ReCORDeD ON ReCE:PTlON NO 92973. ReCORDeD FeBRUARY 19. '965 omClAL ReCORDS OF LANe COUNTY, OReGON ~ WHeN BReeDeN BROS.. INC COMPLeTeS TIle RIVE:R HeiGHTS SUBDIVlS/ON. RAINBOW WA TCR DISTRICT WILL TAKe ACCeSS ACROSS TRACT DON TIle PLA 1; WHICH WILL Be DeeDeD TO RAINBOW WA TeR DISTRICT 5 PROPeRTY SUBJE:CT TO 2 eASEMeNTS TO MOUNTAIN STA res POweR, BOOK 161, PAGe 238 AND BOOK 162. PAGE: 215. LANe COUNTY, OReGON omClAL ReCORDS. 6 SUBJE:CT TO PeRMANeNT SLOP. eASEMeNT TO LANe COUNTY, ReeL 127~, ReCePTION NO 82JO~-U. LANe COUNTY, OReGON omClAL ReCORDS, ALONG MARCOLA ROAD RIGHT-OF-WAY (eASeMeNT UeS IN RAILROAD RIGHT-OF-WAY) BAKER AND ASSOCIA TES, SURVEYORS 1347 MARKET STREET SPRINGFIELD, OREGON (541) 343-7243 SHEET 1 OF I OWNER AND APPLICANT BReE:DeN BROS. INC 366 eAST 40TII A VE:NUe eUGE:NE. OReGON 97405 RAINBOW WA TeR DISTRICT 1550 NORTII ~2ND STReeT SPRINGFIeLD, OReGON 97~77 Written Statement for Property Line Adjustment March 7, 2008 Affecting Property in the Northeast % and the Northwest % of Section 30, T17S, R2W, W.M. INTRODUCTION The subject properties are Tax Lots 800 and 801, Map No. 17-02-30. Breeden Bros. Inc. owns Tax Lot 800, as conveyed on a recorded document dated February 21,2006 and recorded on Document Number 2006-012730, Lane County, Oregon Official Records. Rainbow Water District owns Tax Lot 801, as conveyed on a recorded document dated February 19,1965 and recorded on Reel 260R, Instrument No. 92973, Lane County, Oregon Official Records. The purpose of this Property Line Adjustment is to change the common boundary between the property depicted as Tax Lots 800 and 801 in 2 locations. This will be done by the recording of 2 Property Line Adjustment Deeds. 1) Regarding Springfield Development Code 5.16-125 a) Shall not create a new lot/parcel These adJustments w~ll not create a new parcel but w~ll reconf~gure Tax Lot 801 to prepare Tax Lot 800 for a proposed subd~v~s~on b) Shall not create a landlocked lot/parcel One of these property llne ad]ustments w~ll allow Tax Lot 801 access to a future street to be b?:L~lt ~n the proposed R~ver He~ghts Subd~v~s~on c) Shall not reduce existing lot/parcel below minimum size standard or reduce setbacks below minimum distance. The s~ze of both propert~es w~ll rema~n above the r7'17,n~m,um, s~ze and also the setbacks w~Ll not be a/rected Date Received: ~. ADO ~~' . JrlrjO l t ~ .J &.\J!JU Page 1 On~~,1~: ::t.::Jrnrl:~~ d) Shall not violate any previous conditions the Approval Authority may have imposed on lots/parcels involved in this application. The property hne acl]ust7Ywnts w~Ll not affect any prev~ous cond~t~ons ~n the Tentat~ve approvaL of the R~ver He~ghts approval e) Adjustment shall not detrimentally alter the availability of existing public or private utilities The ex~st~ng ut~ht~es, publ~c or pr~vate w~ll not be affected by ihese acl]ust7Ywnts f) Shall not increase the degree of non-conformity of either lot/parcel. Boih propert~es are a conforrrnng use Date Received: APR - 3 2008 Page 2 Original Submittal . RETUaN TO CASCADE TITLE CO. .. '\ - -= CASCADE TITLE co. TITLE NO 0246339.{)ll\ ESCROWNO EU05-2148 TAX ACCT NO 0113603 TAX ACCT NO 0113595 TAX ACCT NO 0113629 MAPfT AX LOT NO 17 02 30 #800 MAP/TAX LOT NO 170230 #700 MAP/TAX LOT NO 170230 #900 Division 0' Chie' De ut ~ Lane County Deeds an: R~c;~:;k 2006.m130 .".,,L"''''<1_ J,Illlm I--~ RPR-DEED Cnt=1 Stn=& cAf3{~1/~fS 03:05:04 pn $20.00 $11.00 $10.00 , ~ WARRANTY DEED -- STATUTORY FORM .r~~ MOE AND KAREN MOE, TRUSTEES OF THE MOE TRUST UNDER TRUST AGREEMENT DATED FEBRUARY ]4, ]974, Grantor, conveys and warrants to Date Rl~ceived: BREEDEN BROS., INC , Grantee, APR - 3 2008 the followmg described real property free of encumbrances except as specIfically set forth herem SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE Original Subm ttal BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LA WS 2005 (BALLOT MEASURE 37(2004)). THIS INSTRUMENT DOES 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 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY UNDER CHAPTER 1, OREGON LA WS 2005 (BALLOT MEASURE 37 (2004)). Except the followmg encumbrances Covenants, ConditIOns, Restnctlons, Easements and Rights of Way of record, If any The true conSIderation for thIS conveyance IS $1,200,000 00 . Dafl1ed 2-\ day of r&\o,r'A/,;"...--,") , M ~ T us DATED FE'JWARY 14, 1974 ~~ .'tI-~ l' Jf /o~ r:r::. ~ MOE, TRUSTEE BY KAREN MOE, TRUSTEE 'LUUl.o State of Oregon County of LANE 'Ow-- ..- . .st-e.{l~-n ThiS mstrument was acknowledged before me on r e..-lov\A.&-/ -\ ? I .2006 by 3T;:;Ji31 MOE AWB-- --K.^.RBN Met':, TRUSTEE OF THE MOE TRUST UNDER TRUST AGREEMENT DATED FEBRUARY 14 1974 ' . OFFICIAL SEAL (I) DENA MULLIKIN ~ARVPUBUC'OPP3ON . COMMISSION NO. 376717 IIYCOMMISSIONEXPIRESAPRIL \1,2008 . ~ A.UJY. (Notary'f>ubilc for Oregon) My commiSSion expires ---{ ~ \ '1- () it MOE TRUST DATED FEBRUARY 14, 1974 Until a change IS requested GRANTOR'S NAME AND ADDRESS all tax statements shall be sent to the followmg address ***SAME AS GRANTEP** ,BREEDEN BROS. INC 366 E 40TH AVE EUGENE, OR 97405 GRANTEE'S NAME AND ADDRESS After recordmg return to CASCADE TITLE CO 811 WILLAMETTE EUGENE, OR 97401 WRE f; '. - .-. CASCADE TITLE CD. TITLE NO 0246339 ESCROW NO EU05-2148 I AX ACCT NO 0113603 TAX ACCT NO 0113595 TAX ACCT NO 0113629 MAPfT AX LOT NO 170230 #800 MAPfT AX LOT NO 1702 30 #700 MAPfT AX LOT NO 17 02 30 #900 WARRANTY DEED -- STATUTORY FORM STEVEN MOle AND KAREN MOle, 1 RUSTEES OF THE MOE TRUST UNDER TRUST AGREEMENT DATED FEBRUARY 14,1974, Grantor, Date Received. conveys and warrants to J BREEDEN BROS , INC ,Grantee, APR - 3 2008 the followmg described r",1 property free of encumbrances except as specifically set forth herem SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE Original Submittal BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER I, OREGON LAWS 2005 (BALLOT MEASURE 37(2004)) THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRffiED IN THIS INSTR1JMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGIJLATlO'ls. BEFORE SIGNING OR ACCEPTING THIS INSTR1JMEJ'I<T, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUIVfY PLANNING DEPARTMENT TO VEIUFY APPROVED USES AND fO DE I ERMINie ANY LIMITS ON LAWSUITS AGAINS I .ARMING OR .ORES I PRAC IICIeS AS DEFINED IN ORS 30 930 AND TO INQUIRE ABOUT TIlE RIGIITS OF NEIGlffiORING PROPERTY OWNERS, IF ANY UNDER CHAPTER I, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)) Except the followmg encumbrances Covenants, Conditions, Restrictions, Easements and Rights 01 WdY of record, If any The true consIderatIOn for thiS conveyance IS $1,200,00000 Dated th IS '<.t- day of ~. 1,..ocJp MOE TRUST DATED FEBRUARY 14, 1974 BY STEVEN MOl'", TRUSTEE BY~...D". "") _ \ ~, ~OE, TRUSTEE ./ State of~ ~7".r County of~ 1:>>'\'1 \,v" ThiS mstrumentwa. acll'owled""dbefrreme on f~h. J_ ~ ,2006 by S'fE\'ErI rIG" ;.N~ 'i . ,.'/Iil"",,,' dJJ";Xl\lllil:EE.~~BE M)E TRUST UNDER TRUST AGRI:EMENT DATED FEBRUARY 14 I . ':;9.~ i9-74. JE"NNE HAli ; /l ' 1 f"(~'C :' Notary Public. Stale of Texas " l/) 1 " ~ ' My CommlSSlOll Expires ~ "':"''' c~~., OCTOBER 16, 2006 ' ~ \ . ....:"~.~" _ _ _" _ _" _._.~ (Nota J e for~ I-e.~-i' ~ -- ISSlon e Ires MaE TRUST DATED FEBRUARY 14, 1974 Unl') d change IS reque'led GRANTOR S NAME AND ADDRESS all tax statements shall be ;en! to the tollowmg address ".SAM!:. ASGRAN'! Ep.. BREIoD!:.N BROS. INC 366E 40TIIAVE EUGENE. OR 97405 GRANTEr'S NAME AND ADDRESS A fter record In g return to CASCADE f1TLE CO 811 WlLLAMEIT!:. EUGFNE, OR 97401 WRE ; Date Received: '- EXHIBIT "A" APR - 3 2008 PARCEL I Original Submittal Begmnmg at a pomt on the centerlme ofa 40 foot Wlde roadway that IS 149909 feet North 890 57' West and 689 77 feet South 10 44' West of the stone set at the Southwest corner of County Survey No 1271 that IS 494 8 feet North 260 09' West of the corner Sections 19,20,29, and 30 of Township 17 South, Range 2 West, Wlllamette Mendlan, and runnmg thence along the centerlme of said 40 foot Wlde roadway on a 134 81 foot radIUs curve nght (the long chord of which curve bears North 760 42 West]]7 98 feet) a distance of ]22]] feet, thence on a 84 26 foot radius curve left (the long chord ofwluch curve bears North 73045' West 6576 feet) a distance of67 65 feet, thence South 830 ]5' West ]04344 feet, thence on an 1142 foot radiUs curve left (the long chord of which curve bears South 790 ]6' West ]38 36 feet) a distance of 138 95 feet, thence South 760 17' West 20409 feet, thence on a 409.26 foot radius curve nght (the chord ofwluch curve bears South 870 49' West 163 69 feet) a distance of ]6480 feet, thence leavmg said roadway and traversmg the center of an lITIgatIon ditch South 32023' East along the Easterly hne of that tract conveyed to Bruce L Barnes, et ux, by mstrument recorded November] 4, ] 977, under ReceptIOn No 77-72572, OffiCial Records of Lane County, Oregon, a distance of 424 86 feet, thence contlOulOg along the center of said lITIgatIOn ditch and the Easter]y l10e of said Barnes tract South 45036' East 4352 feet to the Northeast corner of that tract conveyed to F Grant Hurd, et ux, by 10strument recorded Apn] 22, 1963, under ReceptIOn No 7852, Deed Records of Lane County, Oregon, thence along the Easterly Ime of said Hurd Tract and the center of said lITIgatIOn ditch South 450 33' East 3]] 39 feet to the Northeast corner of that tract conveyed to R H Pierce, et ux, by 10strument recorded September] 2, 1952, under ReceptIOn No 84848, Deed Records of Lane County, Oregon, thence runrung along the center of said lITIgatIOn ditch and along the Northeasterly l10e of said Pierce Tract to the Northwesterly margm of Southern PaCific Railroad nght-of- way the followmg courses and distances, South 710 30' East 69 05 feet, South 830 41' East 373 94 feet, South 650 47' East ]95 92 feet, South 480 08' East 10496 feet, South 720 44' East 100 52 feet' South 730 09' East 124 16 feet, South 300 39' East] 26 72 feet, thence travers10g the Northerly margm of said nght-of-way to the most Southerly corner of the tract conveyed to Kathryn L Hefner by 10strument recorded November 10, 1976, under ReceptIon No 76-59667, OffiCial Records of Lane County, Oregon, the folloWlng courses and distances. North 590 2]' East 523 87 feet, North . 540 29' East 193 46 feet, North 440 17' East 145 39 feet, thence along the Southwesterly margm of said Hefner Tract North 540 36' West 19048 feet to the most Southerly corner of that tract conveyed to Douglas S Leavitt, et ux, by 10strument recorded September 09, 1959, under ReceptIOn No 77827, Deed Records of Lane County, Oregon, thence along the Southwesterly margm of said Leavitt Tract North 540 36' West 135 12 feet to the most Southerly comer of the tract conveyed to Douglas S LeaVitt, et ux, by Instrument recorded January 23, 1974, under ReceptIOn No 74- 02615, OffiCial Records of Lane County, Oregon, thence to a pomt 10 the center ofa 4000 foot Wide roadway the folloWlng courses and distances along the Westerly margm of said Leavitt Tract, North 520 42' 40" West 73 ]2 feet, North 70 57' 27" West 45841 feet, thence along the centerl10e of said 4000 foot Wlde roadway South 7702]' West 52 ]2 feet to the place ofbegmnmg, all 10 Lane County, Orego~ EXCEPT THEREFROM the folloWlng descnbed portIOn thereof Beguul1ng at a pornt South 790 19' 55" West 255266 feet from the sectIon corner common to SectIOns 19,20,29 and 30, Townslup 17 South, Range 2 west of the Wlllamette Mendlan, run thence South ]6024' 35" East 23] 98 feet, thence South 73035' 25" West 30800 feet thence North 16024' 35" West 230 44 feet, thence along the arc ofa Circular curve to the nght havmg a radIUS of 671 58 feet (the long chord of Contmued- Property descnptIon contmued- which bears North 730 18' 15" East 30801 feet) to the pomt ofbegmmng, all 10 Lane County, Oregon PARCEL 2 A 40 0 foot Wide Strip of land, the centerhne of which IS descnbed as follows Begmn10g at a pOlOt on the centerlme of said 40 foot Wlde tract of land that IS 149909 feet North 890 57' West and 68977 feet South 1044' West of the stone set at the Southwest corner of County Survey No 1271 that IS 494 8 feet North 260 09' West of the corner for SectIons 19,20,29 and 30 of Townslup 17 South, Range 2 West, Wlllamette Mendlan, and runmng thence on a 134 8] foot radiUS curve nght (the long chord of wluch bears North 760 42' West 117 98 feet)a distance of 122 11 feet, thence on an LEGAL Date Received: ~ APR - 3 2008 Original Submittal 8425 foot radius curve left (the long chord of which curve bears North 730 45' West 65 85 feet) a distance of 6765 feet thence south 830 15' West 104344 feet, thence on an 1142 76 foot radiUS curve left (the long chord of which curve be~s South 79046' West 138 36 feet) a distance of 13895 feet, thence South 760 17' West 204 09 feet, thence on a 409 26 foot curve nght (the long chord of which curve bears North 830 31' 30" West 282 52 feet) a distance of288 46 feet, thence on a 40209 foot radiUS curve left (the long chord ofwluch curve bears North 76033' 30" West 183 98 feet) a distance of 18562 feet, thence North 890 47' West 3284 feet to the centerlme of County Road No 753 EXCEPT THEREFROM that portion thereof Iymg Wlthm Parcel I ALSO EXCEPT THEREFROM that portion descnbed III deed to the City of Spnngfield recorded July 21, 1994, Recorder's ReceptIOn No 94-53874, Lane County OffiCial Records ALSO EXCEPT THEREFROM that portion descnbed m deed to Breadner Parker & ASSOCiates (Ambleslde) LLC, recorded October 1, 1997, ReceptIon No 9766814, Lane County OffiCial Records. PARCEL 3 A tract ofland located m the N E 1/2 of SectIOn 30, Township 17 South, Range 2 west of the Wlllamette Mendlan III Lane County, Oregon Begmnmg at a pomt on the Southerly boundary of Southern PacIfic Railroad nght of way, said pomt oemg 456.47 feet North and 69714 feet West of the N E comer of the Wilmer Comegys DonatIOn land Claim No 59 m Township 17 South, Range 2 West of the Willamette Mendmn, thence South 580 36' West along said nght- of-way, boundary for 37022 feet to a 1/2 mch iron pipe, thence South 47034' East for a distance of 132 00 feet to 1/2 mch tron pipe, thence South 47034' East for a distance of20 00 feet, more or less, to the centerhne of County Road No 278, thence along the centerIme of said County Road to a pomt wluch bes South 400 30' East of the pomt ofbegmnmg; thence North 400 30' west a distance of 56 00 feet to the pomt of begmnmg EXCEPT THEREFROM a tract of land located m the Northeast quarter of SectIOn 30, Township l7 South, Range 2 west of the Willamette Mendlan m Lane County, Oregon, Begmnmg at a pomt on the Southerly boundary of Southern PaCIfic Ratlroad nght of way, said pomt begmnmg 456 47 feet North and 69714 feet West of the Northeast comer of the Wilmer Comegys Donation Land Claun No 59 m Township 17 South, Range 2 West of the Willamette Mendlan, thence South 580 36' West along said nght of way Illle 20 22 feet to the true pomt ofbegmmng, Contmued- Property descnptlOn contmued- thence south 580 36' West along saId nght of way boundary for 35000 feet to a 1/2 mch Iron pipe, thence South 47034' East a distance of 13200 feet to a 1/2 mch Iron pipe, thence South 47034' East for a distance of 2000 feet more or less to the centerlme of County Road No 278, thence along the centerline of said County Road to a pomt which bes South 40030' East of the true pomt ofbegmmng, thence North 40030' West a distance of70 00 feet more or less, to the true pomt ofbegmmng I ALSO EXCEPT THEREFROM any portIOn Iymg Wlthm that parcel of land descnbed m deed recorded December 22,1997, Recorder's Reception No 97-86376 and deed rerecorded December 9, 2003, Recorder's Receptlon No 2003-118513, Lane County OffiCIal Records ALSO EXCEPT THEREFROM any portIOn Iymg West on the West Ime of certam parcel of land descnbed m deed to Slg Moe and Kay Moe, recorded June 13, 1973, Recorder's ReceptIon No 7326772, Lane County Officml Records , LEGAL D j ~ CI . . . ::' c; I ,/ __', (r -.~ - . , ~ - - Date Received: APR - 3 2008 (j"). 1......' · "'--)ft} Original Submlttai 'l ~~ f 3' e:, ( X - 4-) ~f C - /7-,p u..; WARRANTY DEED FOR VALUE RECEIVED, SIG MOE and KAY MOE, husband and wife, herein referred to as Grantors, hereby grant, bargain, sell and convey unto RAINBOW WATER DISTRICT, an Oregon domestic water supply corporation, herein referred to as Grantees, the following described real property, with tenements, h~reditaments and appurtenances, to-wit: BEGINNING at a point South 790 19' 55" West 2552.66 feet from the Section corner common to Sections 19, 20, 29, 30, Township 17 South, Range 2 West of the Willamcttc Meridian, run thenc.e South 160 2[,,' 35" East 23138 feet:, t:hence South 730 35' 25" West 308.00 feet, thence North 160 24' 35" West 230.44 feet, thence along the arc of a circular curve to the right having a radius of 671.58 feet (the long chord of which bears North 730 18' 15" East 308.01 feet) to the Point of Beginning, all in Lane County, Oregon. together with an easement for roadway and water pipes and the right of ingress and egress for construction of same over and across the following described real property: BEGINNING at a point on the North margin of a 40.00 foot roadway South 850 22' 15" West 2703.20 feet from the Section corner common to Sections 19, 20, 29, 30, Township 17 South, Range 2 West of the Willamette Meridian, run thence South 60 45' East 283.44 feet, thence along the arc of a circular curve to the left having a radius of 671.58 feet (the long chord of which bears South ]20 26' 45" West 20,35 feet), thence North 60 45' West 247.~~ feet to the South margiu of a 40.00 foot roadway, thence along the said South margin South 830 15' West 240.00 feet, thence along the arc of a circular curve to the left having a radius of 1122.76 feet (the long chord of which bears South 790 46' West 136.43 feet), thence South 760 17' West 204.09 feet, thence along the arc of a circular curve to the rieht having a radius of 429.26 feet (the long chord of which bears North 83 31' 30" West 296.33 feet), thence along the arc of a circular curve to the left 118vilig a radius of 382.09 feet (the long chord of which ut::c:a" t1orr.h 7f:/" 33' 30" West 174.83 feet), thence North 890 47' West 327.15 feet to the centerline of County Road No. 753 (31st Street), thence North 00 17' 20" East along the said centerline 40.00 feet to the North margin of a 40.00 foot roadway), thence along the said North margin South 890 47' East 327.09 feet, thence along the arc of a circular curve to the right having a radius of 422.09 feet (the long chord of which bears South 760 33' 3011 East 193.13 feet), thence along the arc of a circular curve to the left having a radius of 389.26 feet (the long chord of which bears South 830 31' 30" East 268.72 feet), thence North 760 17' East 204.09 feet, thence along the arc of a circular curve to the right having a radius of 1162.76 feet (the long chord of which bears North 790 46' East 141.29 feet). thence North 830 15' East 260.00 feet to the Point of Beg iiu:d11g , all ill Lan~ CuunLY, Oregon. That the easement herein granted is for the exclusive use of the Grantees herein or 1 - Warranty Deed I , ~ . r.~ <; .~ ' ("\ - __ I: ,,_ .,..' \ ) , Date Received: APR ~ 3 2008 ! (j') 0,.-.,..) , I'w. ~ t aJl Onglnal Submittal their assigns of successors in interest and shall be a perpetual easement for the purposes of instal1ine R!ld maint::inin.g J.Uiuest.ic water supply pipes from the properties 1- herein conveyed to other properties served or contr~lled by the Grantees and for a ;:, , roadway to be used for ingress and egress and all other forms of access to the properties conveyed to the Grantees. That said roadway (",' ..~ment shall be exclusive to the vehicular traffic of the Grantees herein, their agents or successors in iaterest, except with the written approval of the Grantors hereinafter obtained. In addition to the easement above set forth the Grantors herein acknowledge that they have adjoining properties dud that they do hereby grant and convey unto the Grantees herein an additional easement over said properties, which they own adjoining the properties herein described, for the purpose of ingress and egress and for road purposes during the period of construction on water reservoirs and water installations contemplated to be made on the properties above described by the Grantees. That the easement herein specified is not now designated, but shall be agreed upon and designated by the parties prior to its use and shall terminate at such tUne as other adequate roads are available to the Grantees or at such time as the total installation for water purposes as contemplated by the Grantees herein have been completed without the necessity of the parties herein doing any act whatsoever. Provided further that in the event Grantors herein at any time during the continuance of this easement sell or dispose of the properties covered by such easement to third pexsons that the provision shall not bind such third persons and the property shall be transferred to such third persons free and clear of the provisions of the easement herein for construction and shall be subject only to the designated easement by description on Page I of this agreement. Granters, however, do hereby agree with Grantee to provide a reasonable access for roadway for construction at all tUnes. TO HAVE AND TO HOLD the said premises unto said Grantees, their heirs and assigns forever. And the said Grantors hereby covenant that they are lawfully seized in fee sUnple of said premises; that they are free from all incumbrances, and that they will warrant and defend the above granted premises against all lawful claims whatsoever, except as above stated. DATED February 'It I r ,1965. ~ ;ff~ /) ~ ,co:.. L\ \.. '<.."- Cl-'o... Page 2 - Warranty Deed ~ i.&~ .;:. fi" ,; . ': "-', '/"-''; , . ~ ._. _ ~". J . . j , Date Received: APR'- 3 2008 .. lOti ,........ .~'-.J 1 t >> Original Submittal STATE OF OREGON ) ) ss. ~OUNTY OF LANE ) Personally appeared the above named SIG MOE and KAY MOE, husband and wife, and acknowledged the foregoing instrument to be their voluntary act anc deed. Before me: D.ted:~ /y,/9tf~ U?r~~: / / ~ Notary P~lic f egon My commission ,po es: .\\\\\UIIUlIII.. ,\\\.- 5 T A "'1.'1" :-,,,., 1" ,.~ ......."''\:..f~. ............ ~ ~ ..."';.,:,* ~ :,..~& ~~ ,,' ....~..._~ .:: ' ." ;\OT All ''l~ ~. ~ :~\: t ;/ 'S. . .,.',... "'~ :.: . ~ '} .' ._ \. i t: IN. - .:: :I; I.. i. . e,': E ~ . . - :;:, tn~. P(JB L \ (, ::e r ~ ".... .' <::) - ~ .A ... ..- (.) .. "..............,.,. .......... ~ ~ ,.- '//111 ~ 0 r (J I~J"h. i 11 k\\t \.,,~ NOTARY PUBLIC FOR OREGON My Com:nrssicn ExpIres Feb. 10, 1961 Page 3 - Warranty Deed l/ ,,,-,!/ ('"~: .I :\'7' -, -' 7" I I I ," -, ) ! '" State of Oregon, Co,mty of Lane -55. 1, lna Randolph, DIrector of the Department of Records and ElectIOns. In ,md for the saId County, do hereby certIfy that the wIthIn Instrument was rt'celved for record at 1%5 FE!) 19 r:,l 3 56 3 ,- Reel ..::;, Lane County OFFICIAL Records. r------ IN~LPH. DIrector of the ""', De(7~t of Recf<;lS &. ElectIons. -~)BY (~Ii ~ji k~i~tl ~ -:-r Deputy _ ___ C (9-083-05 q 0- ~~l_ if' /' --I>~/ .;}J' 27' " '~2 - 7~ ~--7l' -" It- ~/7--,:r');:/ '~ - J- If---- -I- ' J Date Received: APR - 3 2008 -- ~ CASCADE TI"rLE CO. Original Submittal IIIIIIIIII~ 1111' ~IIIIIIII~ IIIIIIIIIIII~I STATUS OF RECORD TITLE REPORT BREEDEN BROS., INC. ATTN: ROB BREEDEN 366 EAST 40~ AVENUE EUGENE, OR 97405 Our No: CT-0258173 Date: MARCH 12, 2008 Charge' $200.00 Government Service Fee. $25.00 As requested, Cascade Tltle Co. has searched our tract lndlces as to the followlng descrlbed real property: (ATTACHED) and as of: MARCH 6, 2008, at 8.00 A.M. we find the followlng: Vestee: BREEDEN BROS., INC. Sald property lS subJect to the followlng on record matters: 1. Rlghts of the publlC ln and to that portlon lYlng wlthin streets, roads and hlghways. 2 Rlghts of the public and governmental bodies in and to any portlon of the premlses hereln described now or at any tlme lYlng below hlgh water mark of the unnamed slough, lncluding any ownership rlghts WhlCh may be claimed by the State of Oregon as to any portlon now or at any time lYlng below the hlgh water mark. 3. Any clalm based upon the assertion that. Said land or any part thereof lS now or at any tlme has been below the ordlnary hlgh water mark of the unnamed slough. Some portlon of sald land has been created by artlflclal means or has Accreted to such portlon so created: Some portlon of sald land has been brought wlthln the boundarles thereof by an avulslve movement of the unnamed slough, or has been formed by an accretlon to any such portlon. 4. Easement, includlng the terms and provlslons thereof, granted to Benham Irrlgatlon Company, recorded July 17, 1919, ln Book 121, Page 66, Lane County Oregon Deed Records. 5. Easement, including the terms and prOV1Slons thereof, granted to the City of Eugene, recorded December 30, 1924, in Book 142, Page 276, Lane County Oregon Deed Records. contlnued- MAIN OFFICE * 811 WILLAMETTE ST. * EUGENE, OREGON 97401 * PH: (541) 687-2233 FLORENCE * 1901 HWY 101 - S. 2 * FLORENCE, OREGON 97439 * PH: (541) 997-8417 EUGENE FAX: 485-0307 * E-MAIL: info@cascadetit1e.com * FLORENCE FAX: 997-8246 ~f7 ~o /( \ /I' /' / <C>. ~ Date Received: APR - 3 2008 Original Submittal Power11ne easement, 1nclud1ng the terms States Power Company, recorded March 8, Oregon Deed Records. and provis1ons thereof, granted to Mountain 1929, 1n Book 161, Page 238, Lane County Powerl1ne easement, 1ncluding the terms and prov1sions thereof, granted to Mounta1n States Power Company, recorded March 8, 1929, 1n Book 162, Page 215, Lane County ~oregon Deed Records. 7. Roadway grant, includ1ng the terms and prOV1S1ons thereof, recorded September 8, V 1947, 1n Book 355, Page 506, and corrected by 1nstrument recorded January 9, 1948, 11n Book 364, Page 185, Lane County Oregon Deed Records. . Easement, including the terms and provis1ons thereof, granted City of Eugene, by 1nstrqment recorded January 28, 1965, Reel No. 258, Recept10n No. 90327, Lane .County Oregon Deed Records. ~ Easement and maintenance provisions contained there1n, 1nclud1ng the terms and ; prov1s1ons thereof, granted to Ra1nbow Water D1str1ct, recorded February 19, 1965, Recept10n No. 92973, Lane County Oregon Deed Records 11 Easement, including the terms and provlslons thereof, granted Lane County, a subdlvision of the State of Oregon, by lnstrument recorded October 11, 1982, Reel No. 1214, Recept10n No. 8230444, Lane County Off1c1al Records 12. Deed of Trust (Line of Credit), 1nclud1ng the terms and prov1s1ons thereof, executed by Breeden Bros., Inc., to F1rst Amer1can Title Insurance Company, Trustee, for the benef1t of Umpqua Bank, Benef1c1ary, dated January 24, 2008, recorded January 31, 2008, Recept10n No. 2008-005464, Lane County Off1c1al Records, to secure payment of a note for $3,300,000 00. 13. Ass1gnment of rents due or to become due and accruing from said property, 1ncludlng the terms and prov1s1ons thereof, from Breeden Bros., Inc., to Umpqua Bank, dated January 24, 2008, recorded January 31, 2008, Reception No. 2008-005465, Lane County Offlc1al Records NOTE: Taxes, Account No. 0113595, Assessor's Map No. 17 02 30, #700, Code 19-00, 2007-2008, 1n the amount of $7.90, PAID IN FULL Taxes, Account No. 0113603, Assessor's Map No. 17 02 30, #800, Code 19-00, 2007-2008, 1n the amount of $3,112.92, PAID IN FULL. Th1s report 1S to be utilized for informat1on only. Th1s report 1S not to be used as a bas1S for transferrlng, encumber1ng or foreclosing the real property described The liability of Cascade T1tle CO. 1S 11m1ted to the addressee and shall not exceed the prem1um pald hereunder. CASCADE TITLE CO., by: ~/~ I kd/T1tle Off1cer: KURT BEATY Date Received: APR - 3 2008 PROPERTY DESCRIPTION Original Submittal PARCEL 1: Beglnnlng at a pOlnt on the centerline of a 40 foot wide roadway that is 1499.09 feet North 890 57' West and 689.77 feet South 10 44' West of the stone set at the Southwest corner of County Survey No. 1271 that lS 494.8 feet North 260 09' West of the corner Sectlons 19, 20, 29, and 30 of Townshlp 17 South, Range 2 West, Wlllamette Merldlan; and runnlng thence along the centerline of sald 40 foot wlde roadway on a 134 81 foot radlus curve right (the long chord of WhlCh curve bears North 760 42 West 117.98 feet) a distance of 122.11 feet; thence on a 84.26 foot radlus curve left (the long chord of WhlCh curve bears North 730 45' West 65 76 feet) a dlstance of 67.65 feet; thence South 830 15' West 1043.44 feet; thence on an 1142 foot radlus curve left (the long chord of which curve bears South 790 16' West 138 36 feet) a distance of 138.95 feet; thence South 760 17' West 204.09 feet; thence on a 409 26 foot radlus curve rlght (the chord of which curve bears South 870 49' West 163.69 feet) a distance of 164 80 feet; thence leavlng sald roadway and traverslng the center of an lrrlgatlon dltch South 320 23' East along the Easterly llne of that tract conveyed to Bruce L. Barnes, et ux, by instrument recorded November 14, 1977, under Receptlon No. 77-72572, Official Records of Lane County, Oregon, a distance of 424.86 feet; thence continulng along the center of sald lrrigatlon dltch and the Easterly Ilne of said Barnes tract South 450 36' East 43.52 feet to the Northeast corner of that tract conveyed to F. Grant Hurd, et UX, by instrument recorded Aprl1 22, 1963, under Reception No. 7852, Deed Records of Lane County, Oregon; thence along the Easterly Ilne of said Hurd Tract and the center of said irrlgation ditch South 450 33' East 311.39 feet to the Northeast corner of that tract conveyed to R.H. Plerce, et ux, by lnstrument recorded September 12, 1952, under Receptlon No. 84848, Deed Records of Lane County, Oregon; thence runnlng along the center of sald lrrlgation dltch and along the Northeasterly Ilne of sald Plerce Tract to the Northwesterly margln of Southern Paclflc Rallroad right-of-way the following courses and dlstances; South 710 30' East 69.05 feet; South 830 41' East 373.94 feet; South 650 47' East 195.92 feet; South 480 08' East 104.96 feet; South 720 44' East 100.52 feet' South 730 09' East 124.16 feet, South 300 39' East 126.72 feet; thence traversing the Northerly margln of sald rlght-of-way to the most Southerly corner of the tract conveyed to Kathryn L. Hefner by instrument recorded November 10, 1976, under Reception No. 76-59667, Offlclal Records of Lane County, Oregon, the followlng courses and dlstances: North 590 21' East 523.87 feet, North 54 0 29' East 193.46 feet; North 440 17' East 145.39 feet; thence along the Southwesterly margln of sald Hefner Tract North 540 36' West 190 48 feet to the most Southerly corner of that tract conveyed to Douglas S. Leavltt, et ux, by instrument recorded September 09, 1959, under Receptlon No 77827, Deed Records of Lane County, Oregon; thence along the Southwesterly margln of sald Leavltt Tract North 540 36' West 135.12'feet to the most Southerly corner of the tract conveyed to Douglas S. Leavltt, et UX, by lnstrument recorded January 23, 1974, under Receptlon No. 74-02615, Offlcial Records of Lane County, Oregon; thence to a pOlnt ln the center of a 40.00 foot wlde roadway the followlng courses and dlstances along the Westerly margln of sald Leavltt Tract; North 520 42' 40" West 73.12 feet; North 70 57' 27" West 458.41 feet; thence along the centerllne of sald 40.00 foot wlde roadway South 770 21' West 52.12 feet to the place of beginnlng, all ln Lane County, Oregon. ~v 0/' EXCEPT THEREFROM' the followlng described portlon thereof Beglnnlng at a point South 790 19' 55" West 2552.66 feet from the sectlon corner common to Sections 19, 20, 29 and 30, Townshlp 17 South, Range 2 west of the Willamette Merldian, run thence South 160 24' 35" East 231.98 feet, thence South 730 35' 25" West 308.00 feet thence North 160 24' 35" West 230.44 feet, thence along the arc of a clrcular curve to the rlght havlng a radlUs of 671.58 feet (the long chord of WhlCh bears North 730 18' 15" East 308 01 feet) to the pOlnt of beglnnlng, all ln Lane County, Oregon. Continued- Date Received: APR - 3 2008 Property Descript~on cont~nued- Original Submittal PARCEL 2: A 40.0 foot w~de strlp of land, the centerl~ne of which is described as follows: Beg~nning at a point on the centerllne of sald 40 foot wlde tract of land that ~s 1499.09 feet North 890 57' West and 689.77 feet South 10 44' West of the stone set at the Southwest corner of County Survey No 1271 that lS 494.8 feet North 260 09' West of the corner for Sections 19, 20, 29 and 30 of Township 17 South, Range 2 West, willamette Mer~dlan; and running thence on a 134:81 foot radlus curve rlght (the long chord of WhlCh bears North 760 42' West 117.98 feet)a dlstance of 122 11 feet, thence on an 84.25 foot radius curve left (the long chord of WhlCh curve bears North 730 45' West 65.85 feet) a dlstance of 67.65 feet; thence south 830 15' West 1043.44 feet; thence on an 1142.76 foot radlus curve left (the long chord of WhlCh curve bears South 790 46' West 138.36 feet) a dlstance of 138.95 feet; thence South 760 17' West 204.09 feet, thence on a 409 26 foot curve rlght (the long chord of WhlCh curve bears North 830 31' 30" West 282 52 feet) a distance of 288.46 feet; thence on a 402.09 foot rad~us curve left (the long chord of which curve bears North 760 33' 30" West 183 98 feet) a dlstance of 185.62 feet; thence North 890 47' West 328.4 feet to the centerllne of County Road No. 753, ln Lane County, Oregon. EXCEPT THEREFROM: that portlon thereof lYlng wlthln Parcel I, in Lane County, Oregon. ALSO EXCEPT THEREFROM that portlon descrlbed in deed to the Clty of Sprlngfield recorded July 21, 1994, Recorder's Receptlon No. 94-53874, Lane County Official Records, ln Lane County, Oregon. ALSO EXCEPT THEREFROM that portion descrlbed in deed to Breadner Parker & Assoclates (Ambleslde) LLC, recorded October I, 1997, Reception No. 9766814, Lane County Offlclal Records, ln Lane County, Oregon. LANE COUf~ fY I "= 400 I Date Received: APR - 3 2008 See Map 17 02 19 ~- ~ 'If { ,;0/ tf/.Jf/ ,3Y- 000 <LO - '\ "" Original Submittal I' (\ .... ,) 'J '" . l-u c - ::> u THIS MAP IS TO ASSJST LOCATING PROPEIUY THE COMPANY ASSUMES NO llABlI.lTV FOR INACCURACIES. \ \ q l f '~'4 ~~- ~~ +;- - ~ [:~ { , --. ~ ~ ,~~ i .~~ t .os', ~. ~. '!l1 ('( -. '- .., '- '~ 8Bq -4 ""~W~'H'...../P~~' ~ '\- 't- <.1'\>. l~ ~... I"' '::' I:; ... ~-NC '''''~'C<" 7 ~I 7~ -' ~ 1909 3: 5,38 AC. ~f~ .:J "{ TR ACT 2 i' Date Received: ---. =r= CASC^DE TITLE CO. APR - 3 2008 1IIIIIIIIIIIIIIIImlllllllllllllllllllll"l~ -' Original Submittal STATUS OF RECORD TITLE REPORT BREEDEN BROS, INC. ATTN' ROB BREEDEN 366 EAST 40TH AVENUE EUGENE, OR 97405 Our No: CT-0258229 Date March 13, 2008 Charge' $200 00 Government Servlce Fee $25 00 As requested, Cascade Tltle Co has searched our tract lndlces as to the follow1ng descrlbed real property Beglnnlng at a pOlnt South 790 19' 55" West 2552.66 feet from the Sectlon corner common to Sectlon 19, 20, 29, and 30, Townshlp 17 South, Range 2 West of the Wlllamette Merldlan, run thence South 160 24' 35" East 231 98 feet, thence South 730 35' 25" West 308 00 feet, thence North 160 24' 35" West 230.44 feet, thence along the arc of a clrcular curve to the rlght havlng a radlus of 671 58 feet (the long chord of WhlCh bears North 730 18' 15" East 308 01 feet) to the pOlnt of beglnnlng, all 1n Lane County, Oregon and as of f~CH 7, 2008, at 8 00 A.M we flnd the follow1ng. Vestee P~INBOW WATER DISTRICT, an Oregon domestlc water supply corporat1on Sa1d property 1S subJect to the followlng on record matters: 1 powerllne easement, lnclud1ng the terms and prOV1S1ons thereof, granted to Mounta1n States Power Company, recorded March 8, 1929, ln Book 161, Page 238, Lane County Oregon Deed Records 2. powerllne easement, lncluding the terms and provlslons thereof, granted to Mounta1n States Power Company, recorded March 8, 1929, ln Book 162, Page 215, Lane County Oregon Deed Records. NOTE Taxes, Account No 0113611, Assessor's Map No. 17 02 30, #801, Code 19-00, 2007- 2008, EXEf.1PT. contlnued- MAIN OFFICE * 811 WILLAMETTE s'r. * EUGENE, OREGON 97401 * PH: (541) 687-2233 FLORENCE * 1901 HWY 101 - S. 2 * FLORENCE, OREG0N 97439 * PH: (541) 997-8417 EUGENE FAX: 485-0307 * E-MAIL: lnfo@cascadetlt1e.com * FLORENCE FAX: 997-8246 Date Received: APR - 3 2008 Original Submittai ThlS report lS to be utlllzed for lnforrnatlon only_ Thls report lS not to be used as a basis for transferrlng, encumberlng or forecloslng the rea] property descrlbed The llablllty of Cascade Tltle Co lS llffilted to the addressee and shall not exceed the preffilum pald hereunder CASCADE TITLE CO , by { r" J kdjTltle Ofhcer KURT CC': BAKER & ASSOCIATES ATTN- DAN BAKER EMAIL: BAKERSURVEYORS@COMCAST NET BEATY S~YORS ...g,t: '# c'",..- 000 -- '\ \ \ ~ I b J Date Received: APR - 3 2008 I'l-[;'7: 30 THIS MAP IS TO ASSIST lOCATINS PROPERTY THE COMPANY ASSUMES :~o LIAS" /TY FOR INACGURACIES. Original submittal 7 ry"-IC ~ ~~c~ 't ~' -w (1-700) '_ ~-~c . . ,.1 '.v . .'_ /~_If':.-t'f _,~ __~ _--r f 4fJ'}i!.-~/- 'Jr/~ :V.-..v_ ~. ';j. _ ---...~.;~ \ j,,{< ,,?,C- on''''' ~I ~ _ _ ~~:Y ;;.0- J.,,r ___ . l i:I' :.- ),,' \\ ~~f./". ~~~ ~'P?9-:"-t;t,'/.5ts: ~~): .r:f'./. ;'_" . , / 800 L'fot,.~5~~~~' . n..cr"79'-~_~~ ~ ....v-'. """'" #..-r j,/ ft. ,;}; C /_;>f1.?::Z - '" t' , rr5~ 6<'-"" ~n7 ~ ~~ '0.~. 32.44 A. , } ~ 1~ :.-::-~ :v-~ ~_ Jk_;V \, \.... t;h. ~~ ~P.rL \", ~~ '- ~\ ~ \f.~~~ ~~ . \, ~\~ ~\\ eO p..c.~.. t "' ", ~\\ of> ~. r \., ~\~ '\. ~~? ~ ~ " .'\--fif-~5~ ~((~-:f;\ ~o6KY ;. It.,;, "I.N · /17- : ..If v/ :V. ~. , ,.,1 ~- - '7.ct 4' -d' r.. ~ (,." 'l ------- r-r...q w~ .4' If' - /PJ~M' ~=' KJ R 1f~~1 - - - - Date Received: --, APR - 3 2008 Original Submittal Breeden Bros , Inc 366 East 40th Avenue Eugene, Oregon 97405 Until change is requested Send tax statements to: Breeden Bros , Inc 366 East 40th Avenue Eugene, Oregon 97405 After Recording Return to: PROPERTY LINE AD.JUSTMENT DEED Rainbow Water Dlstnct, Grantor and Breeden Bros , Inc , Grantee are the owners of 2 adjoIning Units of land, to be called Units 1 and 2 In this Property Line Adjustment Deed Rainbow Water DiStrict, Grantor (Unit 1) and Breeden Bros , Inc , Grantee (Unit 2), are setting an adjusted property line between Unit 1 and Unit 2 to comply with Lane County Land Use Regulations and the provIsions of 0 R S 92190(4) The purpose IS to convey a portion of Unit 1, Grantor property to Unit 2, Grantee property , , The true consideration for this conveyance IS $ 1. The description of Unit 1 prior to the property line adjustment That property descnbed In a Warranty Deed, recorded on February 19, 1965 In Reel 126, Reception No 92973, Official Records of Lane County, Oregon Following this Property Line Adjustment, the description of Unit 1 will be as follows: An area of land In the Northeast % of Section 30, Township 17 South, Range 2 West, Wlllamette Mendlan and being more particularly descnbed as follows Commencing at a 1" Iron pipe set In County Survey File No 13777, said pOint being South 79019'55" West a distance of 255266 feet from the Section Corner common to Sections 19, 20, 29, 30, Township 17 South, Range 2 West, Wlllamette Mendlan, thence South 16023'52" East a distance of 4271 feet to the TRUE POINT of BEGINNING, thence South 16023'52" East a distance of 189 25 feet to a 1" Iron pipe set In County Survey File No 13777, thence South 73016'49" West a distance of 30807 feet, thence North 16023'52" West a distance of 228 31 feet to a 1" Iron pipe set In County Survey File No 13777, thence North 80030'41" East a distance of 31031 feet to the TRUE POINT of BEGINNING, all In Spnngfleld, Lane County, Oregon Beanngs are based on the County Survey File No 13777 (North line of Roadway on survey) 2. The reference to the description of Unit 2 prior to the property line adjustment: That property descnbed In a Warranty Deed, recorded on February 24,2006, on Document No 2006-012730, OffiCial Records of Lane County, Oregon Following this Property Line Adjustment, the description of Unit 2 will be as follows: An area of land In the Northeast % of Section 30, Township 17 South, Range 2 West, Wlllamette Mendlan and being more particularly descnbed as follows Commencing at a 5/8" rebar In the center of a 40 foot roadway, said rebar being North 26009'West a distance of 494 8 feet, North 8r59'West a distance of 1499 09 feet and South 1038'30" West a distance of 688 57 feet from the Section Corner common to Sections 19, 20, 29, 30, Township 17 South, Range 2 West, Wlllamette Mendlan, thence South 12042'22" East a distance of 19 92 feet to the TRUE POINT of BEGINNING, thence along the arc of a 15481 foot radius curve right (chord bears North 76048'30" Wef>t 13549 feet) an arc distance of 140 23 feet, thence along the arc of a 64 26 foot radius curve left (chord bears North 73052'52" West 50 26 feet) an arc ~ distance of 51 64 feet, thence South 83015'00" West a distance of 1043 22 feet, thence along the arc of a 1122 76 foot radius curve left (chord bears South 79046'26" West 136 09 feet) an arc distance of 136 17 feet, thence South 76027'29" West a distance of 226 56 feet, thence along the arc of a 429 26 foot radius curve nght (chord bears South 88016'55" West 133 92 feet) an arc distance of 134 47 feet to the center of an Irrigation ditch, thence along said Irrigation ditch the following courses South 30043'32" East a distance of 401 12 feet, thence South 43056'32" East a distance of 354 91 feet, thence South 71042'32" East a distance of 6905 feet, thence South 83053'32" East a distance of 373 94 feet, thence South 65059'32" East a distance of 195 92 feet, thence South 48020'32" East a distance of 104 96 feet, thence South 72056'32" East a distance of 100 52 feet, thence South 73021'32" East a distance of 12416 feet, thence South 30051'32" East a distance of 126 72 feet to the northerly right-of-way of the former Southern Pacific Railroad, thence along said northerly nght-of-way, North 59026'33" East a distance of 52387 feet, thence continuing along said nght-of-way, North 5r31'15" East a distance of 94 40 feet, thence continuing along said right-of-way and along the arc of a 904 93 foot radius curve left (chord bears North 4r21 '17" East 23736 feet) an arc distance of 23804 feet, thence leaVing said northerly nght-of-way, North 52041'35" West a distance of 39888 feet to a Y2 Inch Iron pipe, thence North r56'09" West a distance of 43988 feet to a Y2 Inch Iron pipe, thence South 7r14'28" West a distance of 50 40 feet to the TRUE POINT of BEGINNING, all In Springfield, Lane County, Oregon Breeden-Rambow PLA 1 Page 1 Date Received: APR - 3 2008 Excepting therefrom: Commencing at a 1" Iron pipe set In County Survey File Np.. :137?7i'~9~..R~~nt being South 79019'55" West a distance of 255266 feet from the Section Corner common 't6r~8fil)~uff1,'~tl~2~, 30, Township 17 South, Range 2 West, Wlllamette Mendlan, thence South 16023'52" East a distance of 4271 feet to the TRUE POINT of BEGINNING, thence South 16023'52" East a distance of 189 25 feet to a 1" Iron pipe set In County Survey File No 13777, thence South 73016'49" West a distance of 30807 feet, thence North 16023'52" West a distance of 228 31 feet to a 1" Iron pipe set In County Survey File No 13777, thence North 80030'41" East a distance of 31031 feet to the TRUE POINT of BEGINNING, all In Spnngfleld, Lane County, Oregon Beanngs are based on the County Survey File No 13777 (North line of Roadway on survey) The adjusted property line is underlined in the preceding descriptions. The portion of Unit 1 that is being conveyed to Unit 2 is described as follows: An area of land In the Northeast ~ of Section 30, Township 17 South, Range 2 West, Wlllamette Mendlan and being more particularly descnbed as follows Beginning at a 1" Iron pipe set In County Survey File No 13777, said pOint being South 79019'55" West a distance of 255266 feet from the Section Corner common to Sections 19, 20, 29, 30, Township 17 South, Range 2 West, Wlllamette Mendlan, thence South 16023'52" East a distance of 4271 feet, thence South 80030'41" West a distance of 31031 feet, thence North 16023'52" West a distance of 3 65 feet to a 1" Iron pipe set In County Survey File No 13777, thence along the arc of a 671 58 foot radiUS cUl\(e nght (chord bears North 73016'48" East 308 07 feet) an arc distance of 31083 feet to the POINT of BEGINNING, all In Spnngfleld, Lane County, Oregon Exhibit A is a drawing of the property after the Property Line Adjustment. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). THIS INSTRUMENT DOES 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, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). 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 PERSONS OR PERSONS ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE COUNTY PLANNING DEPARTMENT TO VERIFY ALLOWED USES. Dated thiS day of ,2008 J Timothy Hanley Rainbow Water Dlstnct STATE OF OREGON ) )ss County of Lane ) On thiS day of , 2008, personally appeared before me the aforementioned J Timothy Hanley and acknowledged the foregOing Instrument to be hiS voluntary act and deed Notary PubliC for Oregon My Commission Expires Page 2 Dated this day of ,2008 Date Received: APR - 3 2008 Byron Roberts Breeden Bros , Inc Original Submittal STATE OF OREGON) )ss County of Lane ) On this day of , 2006, personally appeared before me the aforementioned Byron Roberts and acknowledged the foregoing Instrument to be his voluntary act and deed Notary Public for Oregon My Commission Expires Page 3 ~ PROPERTY LINE ADJUSTMENT SURVEY IN NORTHEAST 1/4 OF SECTION 30. T17S, R2W. W M SPRINGFIELD, LANE COUNTY, OREGON MARCH 19, 2008 ROADWA Y GRANT PER BOOK J.5.5. PAGE $08. LANE CfXINrr ~GON OFFIOAL ReCORDS. NOT TO SCALE BREEDEN BROS. INC TAX LOT 700 $ ~ <.., .0.;, ./ ./ ./ ./ ./ ./ ./ ./ ./ ///7 ./ ./ ./ ./ ./ J,~~'" ---.-------r- 1037 14 HBJ15'OO"f: S1238~1"C 6,80' L..-136 17 R-11 22 76 BREEDEN BROS, INC TAX LOT 800 EASDIENT TO RAINBOW WA 1CR OIS11tICT RfEl. 260. RECEPTION NO. 9297~ LANE CCUNTY, ~GCN OffICIAL R~CORDS. OLD t-.,.......;n., UNE PIA I cc I- - fa - :c >< w CASEllENT ro arr OF trJGENE BOOK 124. PAGE 27S. LANE COUNTY ~GON OFFICIAL ReCORD$, /" /' /' /' /' /' " 2 /, 1,479,864 sq It """ 33973 acres FOUND ,- IRON ~ PER CSF '.$771 EASCMCNT 1D BENHAJlIRRIGATION C(JIIPANY BOOK '21, PAGE 66, LANE COUNTY ~GON OF11CtAL RECCROS /" ./ r REGISfERED 1 PROFESSIONAL LAND SURVEYOR - ~"Jz:; - J7.J.!J4 ~~~~~-~ l OREGON DANIEL W BAKER 1978 EXPIRES 12/31/09 J,EGEN.Q {0 - ),.~~~, ''lth, , PROPERTY UNE AD.AJSTMOIT , IS A CONVEYANCE FROM RAINBOW..... "" WA ICR DIS11IICT TO BREfOEN BROS.. INC "", 't. ~~ q;..".~~>, S""2~ 'OQ~..1<-';t' ~, is'''lr:r-l~...... 12"-'tI~ ~ NOTES FOUND 5/8" Rf8AR W/CAP "TACCHIN/' PER AMBLES/DE MEADOWS PLA T UNLF:SS NOTED DTHERtllSE CALCULA TED POINT (NOT SET) 2 PROPERTY UNE ADUSTMOIT 2 IS A CONVEYANCE: FROM BREfOEN BROS. INe. TO RAINBOW WA TEFl DIS11IICT :1 RAINBOW WA ICR DIS11IICT CURRENTL Y ACCess'S THEIR PROPERTY FROM AN EASEMOIT RECORDED ON RECEPTION NO 9297:1. RECORDED FEBRUARY '9, '965 OFFICIAL RECORDS OF LANE COUNTY, OREGON OWNER ANT) APPliCANT BREfOEN BROS., (Ne. :J66 EAST 4(J1H AVENUE EUGENE, OREGON 974(J5 4 WHOI 8RffDOI BRos., INC COMPLF:ICS 1HE RIVER HEIGHTS SUBDIVIS/ON, RAINBOW WA TEFl D1S11IICT tIILL TAKE ACCESS ACROSS 11IACT DON THE PLA r. WHICH tIILL BE DEEDED TO RAINBOW WA ICR D1S11IICT 5 PROPERTY SUB~CT TO 2 EASEMOITS 10 MOUNTAIN STA ICS POWER, BOOK 161. PAGE 2:18 AND BOOK 162. PAGE 215. LANE COUNTY, OREGON OFFICIAL RECORDS 6 SUB~CT TO PERMANENT SLOPE EASEMENT 10 LANE COUNTY, REEl. 1214. RECE:PTlON NO 82:J0444. LANE COUNTY, OREGON OFFICIAL RECORDS, ALONG MARCOLA ROAD RIGHT-OF-WA Y (EAsa.tOlT UES IN RAIlROAD RIGHT-OF-WAY) RAIN80W WA TEFl DIS11IICT 1550 NORTH 42ND S11IEH SPRINGFIELD, OREGON 97477 MAP 800 AND 801 LANE COUNTY SURVEYORS (filC[ c.s.FItE NO FlUNG DATE tF; BAKER AND ASSOCIA TES, SURVEYORS 1347 MARKET STREET SPRINGFIELD, OREGON (541) 343-7243 SHEET 1 OF 1 ~ 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SUB2008-000 17 SUB2008-000 17 SUB2008-000 17 Payments: Type of Payment Check cRecelOt I (:ity of Springfield Official Receipt Development Services Department Public Works Department RECEIPT #: 3200800000000000213 Date: 04/03/2008 DescrIptIOn CTY Senal Property Lme Ad] Postage Fee Type II - $155 + 5% Technology Fee Paid By BREEDEN HOMES Item Total: Check Number AuthorizatIon Received By Batch Number Number How Received emm 17651 In Person Payment Total: \\~lllY Date Received: APR - 3 2008 Original Submittal \ Page 1 of I 12:03:37PM Amount Due 1,210 00 15500 6050 $1,425.50 Amount Paid $1,42550 $1,425.50 4/3/2008