The URL can be used to link to this page

Home My WebLink AboutApplication APPLICANT 1/7/2022(City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Property Line Adjustment SPRINGFIELD w 0/ Required Project Information (Applicant: complete Applicant Name: Phone:Company: this section) E P, .U -L- - Fax: Address: 3024� colo i OR Applicant's Rep.: Phone: 5LAk- t4gs- Company: — Fax: Address: — (2- aldis:!A PROPERTY Assessors Ma #: - - Tax Lot #: Property Address: N A Property Owner: S Phone: Company: Fax: Address: 9ALA5q fti!CAQWJ4 k-Kn-ov-\ ciw by - PROPERTY 2 Assessors Ma #: Tax Lot #: Property Address: Property Owner: Phone: Company: Fax: Address: Description of 11 you are filling in this form by hand, please attach your proposal description to this application. Proposal: Signatures: Please sign and rint Required Project Information Associated A lications: our name and date in thea ro riate box on the next pacle. (City Intake Staff., complete this section) Case No.: U11 r� D a P �t Date: I Reviewed by: r L� I Application Fee: $ 16-0V AA ddZ Technical Fee: $ �O. 15 Postage Fee: $0 TOTAL FEES: $ LZa-I • I PROJECT NUMBER: Revised 6/6/11 Liz Miller 1 of Signatures The undersigned acknowledges that the information in this application is correct and accurate. icant:� C\iT/ Date: 'Signature ly �O � S if the applicant is not owner, the owner hereby grants permission for the applicant to act in his/her behalf. Property Siea fignV Owner 1: � Si ature—Date: �vfAMc/p�.tt%easy Com+uug L -e -- Print Property Owner 2: Print owner, the owner Date: Revised 6/6/11 Liz Miller 2 of 4 Property Line Adjustment Application Process 1. Applicant Submits a Property Line Adjustment Application to the Development & Public Works Department The application must conform to the Property Line Adjustment Submittal Requirements Checklist on page 4 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Property Line Adjustment Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check Planning Division staff conducts a detailed completeness check within 30 days of submittal. The assigned Planner notifies the applicant in writing regarding the completeness of the application. An application is not deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application & Issues a Decision • This is a Type I decision and thus is made without public notice and without a public hearing since there are clear and objective approval criteria and/or development standards that do not require the use of discretion. • Decisions address all the applicable approval criteria and/or development standards. • Applications may be approved, approved with conditions, or denied. • The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. • The decision issued is the final decision of the City and may not be appealed. Revised 6/6/11 Liz Miller 3 of 4 Property Line Adjustment Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. ❑ Property Line Adjustment Application Form ❑ Copy of the Deed for all properties involved in the property line adjustment. ❑ Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances for all properties involved in the property line adjustment. ❑ Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken, including findings demonstrating compliance with SDC 5.16-125, Property Line Adjustment Criteria. ❑ Three (3) Copies of a Preliminary Survey including the following: ❑ Prepared, stamped, and signed by an Oregon licensed land surveyor ❑ Scale appropriate to the area involved and the amount of detail and data ❑ North arrow, date of preparation, and title, i.e. Proposed Property Line Adjustment Survey ❑ Boundaries of the lots/parcels involved, including dimensions and area ❑ Zoning and plan designation of the lots/parcels ❑ Existing property line and proposed property line, clearly differentiated by line type ❑ Location and outline to scale of all existing structures, including required setbacks from current property lines and proposed property lines ❑ Location, widths, and names of all existing streets, alleys, or other rights-of-way within or adjacent to the lots/parcels and the location and width of driveways ❑ Location of all public and private easements and utility lines within or crossing the lots/parcels. For properties outside the city limits, location of all septic tanks and drain fields. ❑ Reference to the recorded Subdivision or Partition by name or reference number and blocks, lot/parcel numbers, where applicable Revised 6/6/11 Liz Miller 4 of 4 Property Line Adjustment For: G&B Farms, LLC Map 18-03-02-13, Tax Lot 1000 (Vacant: No Address) Springfield, Lane County, Oregon WRITTEN NARRATIVE FOR PROPERTY LINE ADJUSTMENT Purpose: This Property Line Adjustment Application proposes to adjust the location of the existing property line common to Lot 16 and Lot 17 of Rloek 11 of the Amended Plat of Willamette heights Addition, being a portion of Tax Lot 1000 of Lane County Assessor's Map 18-03-02-13. The purpose of the adjustment is to reduce the area of Lot 17, and to increase the area of Lot 16 in preparation for residential construction. The subject properties are located on an unimproved portion of Ash Street and are both currently vacant and undeveloped. Both properties are currently zoned Low Density Residential, and are designated Low Density Residential per the current Eugene -Springfield Metropolitan Area General Plan. This written narrative will discuss how this request is consistent with the properly line adjustment approval criteria contained in Section 5.16 - 125 of the Springfield Development Code (SDC). Approval criteria are shown in italics, followed by a statement addressing each criterion. APPROVAL CRITERIA Springfield Development Code, Chapter 5 Section 5.16 - 125 5.16-125 Criteria The Director shall approve, approve with conditions, or decry the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property line Adjustment shall not. A. Create a new lot/parcel; The proposed property line adjustment will not create a new lot or parcel. B. Create a landlocked loUpareek The proposed property line adjustment will not create a landlocked lot or parcel. Following the proposed adjustment, both lots will continue to take access from their frontages on Ash Street (classified as a `local street"). Written Narrative or Property Linc Adjustment SSW Job No. 21-7816-95 PAGE l of 3 C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in this Code; The area of Lot 16 will be increased to 65,468 square feet as opposed to being reduced, which will therefore remain in excess of the required minimum 4,500 square foot lot area for low density residential zoned standard lots/parcels on earth -west streets per SDC 3.2 - 215. The proposed adjustment will increase the Ash Street frontage of Lot 16 to 281.21 feet, which exceeds the required minimum frontage of 45 feet for low density residential zoned standard lots/parcels on east -west streets per SDC 3.2 - 215. No structures currently exist within Lot 16, therefore no building setbacks are affected by the proposed adjustment with respect to Lot 16. The proposed adjustment will reduce the area of Lot 17 to 21,727 square feet, which exceeds the required minimum 4,500 square foot lot area for low density residential zoned standard lots/parcels on east -west streets per SDC 3.2 - 215. The proposed adjustment will decrease the Ash Street frontage of Lot 17 to 9330 feet, which will therefore remain in compliance with the required minimum frontage of 45 feet for low density residential zoned standard lots/parcels on east -west streets per SDC 3.2 - 215. No structures currently exist within Lot 17, therefore no building setbacks are affected by the proposed adjustment with respect to Lot 17. Therefore, in consideration of the above findings, the proposed adjustment will not reduce an existing tot/parcel below the minimum size standards or reduce setbacks below the minimum established by the residential zoning district base zone development standards in the Springfield Development Code. D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application; To the best of our knowledge, neither of the subject parcels are subject to any other previously imposed conditions of approval. Therefore, the proposed adjustment will not violate any previously imposed conditions of approval. E. Detrimentally alter the availability of existing public and/or private utilities to each lobloarcel in the application or to abutting lots/parcels, a,- The r The proposed adjustment will not detrimentally alter the availability of any utilities to any of the subject or adjacent properties. Following the proposed adjustment, utilities to serve the subject properties will continue to be available from within the Ash Street public street right-of-way and adjacent utility easements, and utilities to serve all adjacent parcels will remain available from within either the Ash Street, Oak Street, and/or Pine Street public right-of-ways and adjacent utility easements. T Increase the degree of non -conformity of each lot, parcel or structure that is non- conforming at the time of application. No aspect of either existing lot/parcel is non -conforming in regards to applicable development code requirements; therefore the proposed adjustment will not be increasing the degree of any non -conformity. Written Narrative for Property Line Adjustment SSW Job No. 21-7816-95 PAGE 2 0£ 3 NOTES REGARDING EASEMENTS The private utility easement (Item 5) and the public utility easement (Item 10) referenced in Cascade Title Company, Amended Status of Record Title Report No. CT -0330844 (covering both subject properties) are shown and referenced on the `Proposed Property Line Adjustment Plan' included with this submittal. A copy of said easements are included with this submittal. PREPARED BY: SSW Engineers Inc. Nathan Gates Survey Crew Chief Written Narrative for Property Line Adjustment SSW Job No. 21-7816-95 PAGE 3 of 3 After recording return to: Lane County Clerk 2018-037887 Tom Poage Engineering & Surveying Lane County Deeds & Records PO Box 2527 08114/2018 11:42:18 AM Eugene, OR. 97402 RPR-ESMT Cnt=1 stn=41 CASHIER 04 10 pages $50.00 $11.00 $10 00 $61 00 $132.00 DECLARATION OF PRIVATE UTILITY EASEMENT RECITALS: Whereas: G& B Famts, LLC, Hallin Park, LLC, and WH 200, LLC, all Oregon Limited Liability Companies and collectively the 'DECLARANT" are the owners of certain parcels of real property, hereinafter referred to as the Property, said Property being located in the NW V< and NE'/a of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said Property also being more particularly described as follows: See Exhibit "A", attached and by this reference made apart thereof. Whereas: A private water line may need to be extended along Oak Street, Ash Street and Pine Street to serve the Property or a portion of the Property. Therefore: By and though this instrument the DECLARANTS wish to establish the rights and responsibilities for a private utility easement along aforementioned streets for a private water line to serve the Property or a portion of the Property. The terms and conditions of this declaration of easement are outlined as follows: Terms and Conditions: 1. RECITALS. The above Recitals are deemed true and correct and are incorporated herein by reference. 2. GRANT OF EASEMENT. By and through this instrument the DECLARANT does hereby establish a perpetual, non-exclusive easement over a strip of land, 10 feet in width, located adjacent to the right of way of Oak Street, Pine Street, and Ash Street as dedicated on the 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 for the installation, maintenance and repair of a private water line. The Easement Area is more particularly described as follows: See Exhibit "B", attached and by this reference made a part thereof. A depiction of the easement area is shown on Exhibit "C", attached and by this reference made a part hereof. 3. PURPOSE. The Easement is created for the benefit of the Property as describe August 9, 2018 4489_PRIV-UTILITY-EOI-A Page 1 in Exhibit "A" for the installation, maintenance and repair of a private water line to be located within the Easement Area. 4. USE OF THE BURDENED PROPERTY. The owners of Lots, over which the Easement Area is being granted herein, shall have the right to use that portion of their property encumbered by the Easement Area for any legally permitted use, as long as such use does not interfere with the right of use granted through this instrument. 5. PRIVATE GRANT. The Easement created by this instrument does not constitute a dedication or grant for public use. 6. MAINTENANCE AND REPAIRS. The owners of utilities shall bear all costs associated with the installation and maintenance of the private water line to be installed in the Easement Area. However, any repairs necessitated by the negligence or the misuse of the Easement Area on the part of the owners of encumbered by the Easement Area and their invitees, shall be the sole responsibility of the negligent parry. Except in the case of an emergency, 24 hour notice shall be given to the owner's of Lots encumbered by the Easement Area prior to the commencement of any maintenance or repair. All work shall be performed by a licensed, bonded contractor and the repaired area shall be returned to its former condition once the repair work has been completed. 7. TAXES. The owner's of Lots encumbered by the Easement Area shall be responsible for the property taxes associated with the Easement Area. 8. INDEMNITY. Users of the Easement Area ("Users") shall assume all risks arising out of their use of the Easement Area. The owners of the utilities agree to save and hold harmless the owner's of Lots encumbered by the Easement Area from any third party claim, cost, damage or expense of any kind or nature arising out of or related to any negligent or wrongful act or omission occurring within the Easement Area during the course of exercising the rights granted herein by the owners of Lot 7, their successors, assignees or invitees. 9. BINDING EFFECT. The terms and conditions of this Easement shall run with the land and shall extend to and be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties identified herein. 10. WAIVER No waiver of any right arising out of a breach of any covenant, term or condition of this Easement shall be a waiver of any right arising out of any other or subsequent breach of the same or any other covenant, term or condition thereof. 11. LEGAL PROCEEDINGS. If any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this Easement, the prevailing party in such proceeding shall be entitled to recover reasonable attorney's fees in such proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law. 12. ARBITRATION. Any claim, controversy or dispute arising out of this Easement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Lane County, Oregon. All provisions of this instrument, including the benefits and burdens, are binding on and inure to the heirs, August 9, 2018 4489_PRIV-UTILITY-E01-A Paget successors, assigns, transferees, and personal representatives of all parties who own any of the properties as described herein. Dated this I 3- day of 0-�9 ti S / , 2018 Grantor / Property Owner(s): George B. Baker, Member Brandon Devers, Member G & B Farms, LLC G & B Farms, LLC, State of OREGON County of LANE This instrument was acknowledged before me on g '2018 P-Afy GgwwT3 Bakr> nd Brandon Devers, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. STAMP BECI(LEY *AC IC-OREGONN N0.959127ANUARY 09, 2021 Brandon Devers, Member WH 200, LLC Notary Public — State of Oregon George B. Baker, Member WH 200, LLC State of OREGON County of LANE This instrument was acknowledged before me on �- , 2018 ,,By 1JMrae-B—.. Bak=mld Brandon Devers, acting in their authorized capacity as Members of WH 200, LLC, an Oregon Limited Liability Company. OFFICIALSTAMP JJOBYN LEE BECKLEY AAV PUBIJC-OREGON COMMISSION N0.958127 MY COMMISSION EXPIRES JANUARY09, 2021 August 9, 2018 ✓' cj� y Notary Public — State of Oregon successors, assigns, transferees, and personal representatives of all parties who own any of the properties as described herein. Dated this ) ILI day of a_� 4 ce S.'L , 2018 G ntor/P Awn (s):�� G39rfe B. Baker, Member Brandon Devers, Member & B Farms, LLC G & B Farms, LLC, State of OREGON County of LANE This instrument was acknowledged before me on g') Lf , 2018 By George B. Baker fevers acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. Geo e B. Baker, Member WH 200, LLC State of OREGON OFFICIAL STAMP BOBYN LEE BECKLEY I ,� NOTARY PUBUC-OREGON COMMISSION N0.968127 MY MISSION EXPIRES JANUARY 09, 2921 Notary Public - State of Oregon Brandon Devers, Member WH 200, LLC County of LANE Q ,By instrument was acknowledged before me on " y , 2018 By George B. Baker and-BTandarrHay2rs, acting in their authorized capacity as Members of WH 200, LLC, an Oregon Limited Liability Company. OFFICIALSTAMP ROBYN LEE BECKLEY NOTARY PUBLIC -OREGON COMMISSION NO. 968127 MV COMMISSION EXPIRES JANUARY09, 2021 August 9. 2018 A1,-- ri�cjc-� Notary Public - State of Oregon George B. Baker, Member Brandon Devers, Member Hallin Park, LLC Hallin Park, LLC State of OREGON County of LANE n� This instrument was acknowledged before me on 0 2018 By&eercvB-)�akeaend Brandon Devers, acting in their authorized capacity as Members of Hallin Park, LLC, an Oregon Limited Liability Company and WH 200, LLC, an Oregon Limited Liability Company. OFFICIAL STAMP pOBYN LEE SECKLEY ' 'OMMISSION NO.95gGOTN MV COMMISSION EXPIRES JANUARY 09. ZO21 August 9, 2018 noon nn n, rrmn iry rn, � U7n C—" I d^—cl` C Notary Public — State of Oregon ( Ze-' � George B . aker, Member Hal Park, LLC State of OREGON County of LANE Brandon Devers, Member Hallin Park, LLC This instrument was acknowledged before me on p . / '—/ , 2018 By Georgie B. Baker al T *aR&RD vers, acting in their authorized capacity as Members of Hallie Park, LLC, an Oregon Limited Liability Company and WH 200, LLC, an Oregon Limited Liability Company. OFFICIAL81 fl08YN LEE BECKLEY NOTAPYPUBUC-OflEBON MY CCMMI88IONMM IXPIREB SIONJANUAR:2021 August 9, 2018 K. -Y' , C� & c%C� Notary Public — State of Oregon Exhibit "A" Eleven (11) tracts of land located in the NW %and NE%of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tracts being more particularly described as follows: Tract I: Lots 1 thru 9 (inclusive) and Lots 12 thru 18 (inclusive) within Block 11, of the 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. Also: That portion of the vacated 2nd Street, as vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to Lot 9 Block 11 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Except: Any portion of the aforementioned Lot 9, Block 11 contained within the right of way for 2ntl Street as conveyed to Lane County in a Warranty Deed recorded February 5, 1997, Reel 2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane County, Oregon. Tract II: Lots 1 thru 5 (inclusive) within Block 13, of the 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. Tract III: Lots 1, 2, 4, 5, 6, and 10 within Block 24, Block 25, and Block G of the 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. Tract IV: Block 26 of the 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. Tract V. Lots 1, 2, 3, 4, and 10 within Block 27 of the 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. Tract VI: Lot 9 within Block 4, Lots 13 and 14 within Block 10, Lots 1, 2, and 3 within Block 18, Lots 1 thru 10 (inclusive) within Block 28, and Lots 1 thru 8 (inclusive) within Block 29 of the 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. Also: That portion of 2nd Street vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to the Lot 9, Block 4 and Block D of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Also: That portion of Block D of the aforementioned Amended Plat of Willamette Heights Addition to Springfield that lies north of the westerly extension of the north margin of Oak Street, and northeasterly of the northeasterly margin of 2nd Street as conveyed to Lane County in a Warranty Deed recorded January 8, 1997, Reel 2253R Reception No. 97-01380, Lane County Oregon Deed Records, and southeasterly of the southwesterly extension of the northwesterly boundary of Lot 9, Block 4 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Tract VII: Block 19 of the 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. Tract VIII:Block 19 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and August 9, 2018 recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract IX: Lots 1, 3, 5, 6, and 7 within Block 22 of the 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. Tract X: Lots 1, 2, 4, 5, 6, and 7 within Block 23 of the 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. Tract XI: Lots 1 thru 15 (inclusive) within Block 7 of the 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. August 9, 2018 EXHIBIT `B" (Easement Area No. 1) A tract of land located in the NW 114 and NE % of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the south margin of Oak Street, the west margin of Pine Street, and the north margin of Ash Street, being more particularly described as follows: The North 10.0 feet of Lots 1 thru 8 (inclusive) of Block 11, 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. Also: The East 10.0 feet of Lots 1 and 18 of said Block 11, 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. Also: The South 10 feet of Lots 12 thru 18 (inclusive) of Block 11, 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. (Easement Area No. 2) A tract of land located in the NW '/< and NE'/, of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the north margin of Oak Street, being more particularly described as follows: The South 10 feet of Lots 13 and 14 of Block 10, Lots 5, 6, 7 and 8 of Block 29, Lot 10 of Block 27, Block 26, Lots 6, 7, and 8 of Block 25, and Block G of the 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. (Easement Area No. 3) A tract of land located in the NE '/4 of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the south margin of Oak Street and the east margin of Pine Street, being more particularly described as follows:. The North 10.0 feet of Lot 1 of 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, and the West 10.0 feet of Lots 1 thru 5 (inclusive) of Block 13, of said Amended Plat of Willamette Heights Addition to Springfield. August 9, 2018 Augu0,2018 NtlNNtt ®zvi [y ' un[n LYMN A'p 3SY3 AW111 llvAftld Atll } gQFI�lJJ rv'� W T n u NSL 7i •�� ' Zy� WWgO AM QJO �F SS BNId I umm LtlAtltl lYa� 'g� � .+ 3Y3 AINN ® e� uruu A'a J 00 mu unm qYl OL' �3ltlAltlY W i y0, I r _7 ri i V � F E m r "ti A aw I VF a�ir°iwm x 6�� I I x x� Ya e I *8J ��9 n I nvnaa�goi �J�9 mu qa W �nAwn nvnaa.ov dr m d ®xn unw �[rnwa q'N O w R t$� w o Augu0,2018 After Recording, Return to: Springfield Utility Board Lane County Clerk 1001 Main Street Lane County Daads&Records 2021-003018 Springfield, OR 97, 01/15/202111 16 54A RPR-ESMT CrElsn-9D CASHIER el 4pages 3w. Do Sir 00 smog 561.00 $102.00 SPRINGFIELD UTILITY BOARD EASEMENT - ELECTRIC c�c.c (Map Identification and Tax Lot No. t$-/%3{' 3 �:� ; Con"pate of execution) THIS INDENTURE MADE and entered into this /5_ day of (1[-{_, kyC.' 201W by and between '!(2)12L •9dcn Ue ✓crS hereinafter referred to as the Grantore, and the CITY OF SPRINGFIELD, a municipal corporation of the State of Oregon.. acting by and through its SPRINGFIELD UTILITY BOARD, in Lane County, Oregon, hereinafter referred to as Grantee. WITNESSETH: FOR CONSIDERATION other than monetary and the acceptance by the Grantee, and for Grantee's use or holding of said easement for present or future public use, Grantors) hereby grants, bargains, sells and conveys unto Grantee, a perpetual easement more particularly described and set forth In Exhibit A attached hereto and incorporated herein by reference. Said easement burdens and is over and upon the real property more particularly described and set forth in Exhibit B attached hereto and Incorporated herein by reference. A map depicting the easement is attached as Exhibit C. The easement conveyance set forth herein grants to the Grantee, Springfield Utility Board, antl its successors and assigns, the fight to enter upon the real property more particularly described and set forth in Exhibit B for the purpose of Constructing, metalling, reconstructing, operating, maintaining, relocating, and replacing therein underground and above ground electric distribution, fiber optic, and telecommunication lines, Including poles, guy wires, vaults, transformers, and other necessary facilities, to remove and replace fences and lawns to the extent necessary to construct, maintain, and protect said lines, to cut and trim trees and shrubbery, and to trim and remove all dead weak, leaning, or dangerous branches or entire trees that are high enough to strike wires. No part of any building or permanent structure uvi 11 be placed upon this easement by Grantor, other than pavement, curbs, sidewalks. and driveway aprons made with such materials as Grantor deems appropriate,without the express consent of Grantee. Thiseasement does not restrict the installation of public utilities provided such installations meet Grantee's approval. TO HAVE AND TO HOLD said easement unto Grantee and Grantee's heirs, successors and assigns forever. Grantor further covenant and warrant that Ithey are the owners of the real property more particularly described and set forth C Exhibit B and that the property is free and clear of encumbrances and liens of whatsoever kind and character except ad covenants, conditions. restrictions, encumbrances, easements, and liens, if any, affecting title which appear in the public records and any of those visible from a physical examination of the property. IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals on FCdcku",- IS ,20 _ Cpak lProperty wner(a). Sighands N Panted Name State cf OREGON Countyof lAIA-1-i This instrument was acknowledged before me on 20t_i by OWICIRLSTRMP SANDRA LEE WESTON.- Ie NOTARYPUBLIC-ore.. :�r'J/��{ct £r' COMMISSION N0. 48,:143 t4 MY LO'Ke8VI EVIAf£JSUZ4YO.20Y9 Notsfy Public — State of Oregon ACCEPTANCE OF EASEMENT BY SPRINGFIELD UTILITY BOARD'. THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, acting by and through its Springfield Utility Board, is hereby approved, and the title or interest conveyed therein is hereby accepted. Springfield UObty rd Date Title: Director Elactriel Engineering & Operations EXHIBIT A A 7 F❑❑T WIDE EASEMENT AL❑NG THE SOUTHERLY EDGE ❑F TAX L❑T 18-03-02-24-00100, O EXHIBIT B Lots 1, 2, 3, 4, 12, 14, 15, 16, 17, and 18, Block 11, Amended Plat of Willamette Heights; as platted and recorded in Volume 4, Page 27, Lane County Oregon Plat Records, in Lane County Oregon, EXHIBIT C 1"=100' w F h 1 LOT 12 LOT 18 LOT 14■ Z LOT 15 'LOT 76 LOT 17 LOT 18 hQ4 7'f ASH STREET 7'} SPRINGFIELD UTILITY BOARD ELECTRICAL DIVISION, SPRINGFIELD, OREGON NT EXHIBIT C EASEMENT AREA TAXEASELOTM 8-03-02-24-00100 EASEMENT DK li=100' NA 8/22/2019 8B 119120 After Recorditg Rehm,Tt, First American title 2892 Crescent Ave. e, §° Eugene. Oregon 97408 S 9.1 o' H —4L � aF o m 3E .ac =5 B o o,a After recording return to: �.L George B. Baker ,=a 29454 Meadowview Road 8 8 a Junction City, OR 97448 Until a change is requested all tax statements shall be sent to the following address: George B. Baker 29454 Meadowview Road Junction City, OR 97448 Date: December 31, 2014 Lane County Clerk 2015-000449 Lane County Deeds & Records 01/06/2015 01:17:29 PM RPR -DEED cnt=1 stn=9 CASHIER 11 4pagee $ea oo $11,00 $10,00 $21.00 $62.00 STATUTORY WARRANTY DEED George B. Baker and Brandon Devers, Grantor, conveys and warrants to G & B Farms, LLC, Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of lane, State of Oregon, described as follows: As fully described on attached Exhibit'A' Subject to: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $valuable consideration. (Here comply with mquirements a Das 93.030) Page 1 of 7 Statutory Warranty Deed - contimeBI BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2000, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHB PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO I ON TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAP R 855, OR ON LAW 2009, AND SECTIONS 2 TO 7, CHAPTER 8, O EGON LAWS WS 2010. GenWe B. Baker Brandon Devers STATE OF Oregon )Ss. County of Lane ) This instrument was acknowledged before me on this IP day of January, 20A5 by George B. Baker. OFFICIALSTAMP LZ JOYCE D ANDERSON NOTARY PUBLIC -OREGON COMMISSION NO. 920137 Notary Publi Or Oregon MYCOMMISSION EXPIRES SEPTEMBER11,2017 My commission expires: STATE OF Oregon )SB. County of Lane ) J+ This instrument was acknowledged before me on thi931 day of by Brandon Devers. n Page 2 of 7 OFFICIAL STAMP JOYCE D ANDERSON NOTARY PUBLIC -OREGON COMMISSION NO. 920137 MYCOMMISSION EXPIRES SEPTEMBER 1t, 2017INotary PUbIIC ferOregol My commission expires: Page 2 of 7 EXHIBIT'A' Parcel 1: Lots 1, 2, 3, 4 and 5, 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 2: Lot 5, Block 23, 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 3: Lots 8 and 9, Block 11, 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. EXCEPT that portion of said Lot 9 conveyed to Lane County, a political subdivision of the State of Oregon, by deed recorded February 5, 1997, Reception No. 9707993, Lane County Official Records. Parcel 4: Lot S, Block 11, 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 5: Lots 1 through 8, inclusive, Block 29, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded m Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Parcel 6: Lots 1 and 2, Block 25, 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 7: Lot 1, Block 24, 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 8: Lots 1, 2, 3, 4, 12, 13, 14, 15, 16, 17 and 18, Block 31, 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. continued 6 EXHIBIT'A'continued Parcel 9: Lot 10, Block 12 of the WILLAMETTE HEIGHTS ADDITION to Springfield, as platted and recorded in Book 4, page 27, Lane County Oregon Plat Records, in Lane County, Oregon. EXCEPT the West 20 feet thereof. AND EXCEPT that tract 30 x 100 feet, in the Northwest corner thereof, as described in deed recorded November 10, 1954, Reception No. 42347, Lane County Oregon Deed Records. AND EXCEPT a portion thereof, legally described as follows: Beginning at a point which is 20 feet East of the Southwest corner of Lot 10, Block 12 of the WILLAMETTE HEIGHTS ADDITION to Springfield, Lane County, Oregon, and which is on the North boundary of Dorris Street; thence North parallel with the West side of said Lot 10, 132 feet; thence East parallel with Dorris Street and the South line of said Lot 10, 10 feet; thence South parallel with the West side of said Lot 10, 132 feet to the South line of said Lot 30; thence West 10 feet to the point of beginning, all in Lane County, Oregon. ALSO the West 94 feet of Lot 11, Block 12 of the WILLAMETTE HEIGHTS ADDITION to Springfield, Lane County, Oregon. Parcel 10: East 93.36 feet of Lot 11 and all of Lot 12 in Block 12 of WILLAMETTE HEIGHTS ADDITION to Springfield, as platted and recorded in Book 4, Page 27, Lane County Oregon Plat Records, in Lane - County, Oregon. STATUS OF RECORD TITLE REPORT SUPPLEMENTAL PETERSON TEAM Date: DECEMBER 22, 2021 ATTN: SARAH PETERSON Our No: CT -0330849 4750 VILLAGE PLAZA LOOP, #100 Charge: WC EUGENE, OR 97401 As requested, Cascade Title Co. has searched our tract indices as to the following described real. property: Lots 16 and 17, Block 11, AMENDED PLAT WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. and as of: DECEMBER 15, 2021 at 8:00 A.M., we find the following: Vestee: G & 13 FARMS, LLC Said property is subject to the following on record matters: 1. INTENTIONALLY DELETED. 2. Liens, if any, for any assessments by Homeowners Association for Plat of Amended Plat Willamette Heights Addition to Springfield, recorded in Reception No. F004 5078, Lane County Oregon Plat Records. 3. INTENTIONALLY DELETED. 4. INTENTIONALLY DELETED. 5. Declaration of Private Utility Easement, including the terms and provisions thereof, dated August 14, 2018, executed by G & B Farms, LLC, Hallin nark, LLC, and WH 200, LLC, all Oregon Limited Liability Companies, recorded August 14, 2018, Reception No. 2018-037887, Lane County Deeds and Records. 6. Covenants, conditions, restrictions and easements, including the terms and provisions thereof, (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent LhaL said covenant or restriction is permitted by applicable law) and the right to levy certain charges and assessments against the subject property, contained in Declaration recorded August 14, 2018, Reception No. 2018-037888, Lane County Deeds and Records. M OFFICE FLORENCE OFFICE VILLAGEPLAZAOFFICE 811 WILLAMETTE ST. 715 HWY 101 - FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUTTE 100 EUGENE, OREGON 97401 MAILING: PO BOX 508 "FLORENCE, OREGON 97439 EUGENE, OREGON 97401 PH: (541)687-2233"FAX: (541)485-0307 PH: (541) 997-8417 " FAX: (541)997-8246 PH: (541)653 -9622 -FAX: (541)844-1626 Order No. 0330844 Page 2 7. Subject to the terms and provisions of a Utility Easement, dated October 31, 2019, executed by G & B Farms, LLC, an Oregon Limited Liability Company, recorded October 31, 2019, Reception No. 2019-049792, Lane County Deeds and Records. 8. Subject to the terms and provisions of an Access Easement, dated October 31, 2019, executed by G & B Farms, LLC, an Oregon Limited Liability Company, recorded October 31, 2019, Reception No. 2019-049793, Lane County Deeds and Records. 9. Easement - Electric, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation of the State of Oregon, acting by and through its Springfield Utility Board, by instrument recorded December 31, 2020, Reception No. 2020-077512, Lane County Deeds and Records. 10. Easement - Electric, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation of the State of Oregon, acting by and through its Springfield Utility Board, by instrument recorded January 15, 2021, Reception No. 2021-003018, Lane County Deeds and Records. 11. Our examination of the title to the subject property discloses no open Trust Deeds OT Mortgages of record. NOTE: Taxes, Account No. 0579134, Assessor's Map No. 18 03 02 1. 3, #1.000, Code 1.9-24, 2021-2022, in the amount of $1,420.04, PAID IN FULL. NOTE: This report is being supplemented to update taxes and show exception no. 1 as "intentionally deleted". This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: as: Title Officer: DEBBIE FORSTROM