HomeMy WebLinkAboutDeed APPLICANT 2/28/2022Attachment
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STATUTORY WARRANTY DEED
l�pD �C Q
RALPH L. STUBBLEFIELD and TRANS CANADA ENTERPRISES, INC., a
corporation, as Grantors, do hereby warrant and convey unto the
CITY OF SPRINGFIELD, a municipal corporation acting by and
through the Springfield Utility Board, the real property more
fully described on Exhibit "A" attached hereto and by this refer-
E{�ce incorporated herein as though fully set forth, to have and
Eo hold such described premises unto the Grantee, its successors
and assigns forever.
The true consideration for this deed is $8,850.
Until a change is requested, all tax statements shall be sent
to the following address:
Springfield Utility Board Rerecorded to change legal
250 North "A" Street description. See Exhibit "A".
P. O. Box300
Springfield,
Oregon 97977
r Ralph tield
Ralph tubblef field
TRANS ANAD ENTERPRISES, INC.
By ! v/�
STATE OF OREGON )
) ss.
County of Lane ) E 3 • i'll
H11 00 47.Vt
..
Per"sonally appeared before me on this -J-/ day of
1981, Ralph L. Stubblefield, and
ac A�d�edi the foregoing instrument to be his voluntary
act and -deed.
r, Sim,+tar,: �� g S i�;1)2891
ooUlO,i��
Notary Pu .tc for Oregon
My Commi ion expires: /bf
PQOVINCF of AfirirH Cor.4NBiq w /S
BAH-B2.6R�9BM-
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)
ss.
Personally appeared before me on this day of
thea 1981, yo WW , who
is
,,
the \' Kp, ofTrans Canada Ent rpriswh
Inc.,1and acknowledged the foregoing instrument on behalf
of
the corporation as,its voluntary act and deed.
��Jour nt e.. '.. �....
✓Y „/LI
Notary P blic for 9ar8ra v�
Loir,�La
My Commission ex$im@ee iS iw I,
8124408 8125922
SPRING FOREST
LEGAL DESCRIPTION
PROPOSED "SPRING FOREST" RESERVOIR SITE
That portion of the T. Maynard D.L.C. No. 37, in the northeast quarter of Section 3,
Township 18 South, Range 2 West, W.M., in Lane County, Oregon, described as follows:
Beginning at the 1977 Lane County brass cap monument marking the south-southwest corner of
said D.L.C. No. 37, thence South 00005'42" West along the West line thereof, 75.00 feet
distant; thence North 69020'57" West 213.60 feet distant; thence North 000 05'42" East
130.00 feet distant; thence North 46038'59" West 84.96 feet distant to a point on a
curve, the center of which bears North 46038159" Nest; thence along the are of said
curve to the left having a radius of 45.00 feet, through a central angle of 64008'31",
an arc distance of 50.38 feet; thence North 29005'42" East 108.51 feet distant; thence
South 81022'27" East 202.24 feet distant to said West line of the T. Maynard D.L.C. No.
37; thence South 00005'42" West along said West line, 300.00 feet to the Point of
Beginning. Containing 77,260 square feet (1.774 acres).
Together with a temporary construction easement over, under and across a strip of land
40.00 feet in width lying adjacent to and 20.00 feet each side of the centerline of a
proposed road, said centerline being described as follows:
Commencing at the 1977 Lane County brass cap monument marking the south-southwest corner
of the T. Maynard D.L.C. No. 37 in the northeast quarter of Section 3, Township 18 South,
Range 2 West, W.M., in Lane County, Oregon, thence North 00005'42" Beat along the West
line of said D.L.C. No. 37, 470.00 feet distant to the TRUE POINT OF BEGINNING; thence
North 89054'18" West 97.00 feet distant to a point of curve; thence along the arc of a
curve to the right having a radius of 360.00 feet, through a central angle of 32027'11",
an are distance of 203.91 feet; thence South 32032'53" West 196.15 feet distant to a
point of curve; thence along the arc of a curve to the right having a radius of 955.00
feet, through a central angle of 03059133", an are distance of 66.55 feet; thence along
the arc of a curve to the left, the center of which bears North 32047'09" East, having
a radius of 605.00 feet, through a central angle of 19016'53", an are distance of 203.60
feet to the terminus of said centerline.
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VEM
SUPPLEMENTAL
STATUS OF RECORD TITLE REPORT
THE SATRE GROUP
ATTN: HALEY CAMPBELL
375 WEST 4TH PVE SUITE 2C1
EUGENE, OR 9740 -
Date: FEBRUTCiv 8, 2022
Our No: CT -C311290
Charge: $300.00
As requested, Cascade 'title Co. has searched our tract indices as to the following
described real property:
( A T T A C H E D(
and as of: FEBRUARY 03, 2022 at 8:00 A.M., we find the-ollowing:
Ves<ee:
CITY OF SPRINGFIELD,
a municipal corporation acLing by and through the
SPRINGFIELD UTILITY. BOARD
Said property -s subject to the following on record matters:
1. Taxes, including the current fiscal year, not assessed due to Municipal Exempt -on.
I'_ the exempt status is terminated under the statute prior to the data on whits the
assessment roll becomes the tax all in Lice year in which said taxes were assessed,
additional taxes may be levied.
2. Utility Easement, including the terms and provisions Hereof, granted City of
Springfield, a municipal corporation, acting by and through its Springfield Utility
Board, by its Lrument recorded Marcs 3, 1981, Reception No. 1981-009404, Lane County
Official Records.
3. Private Variable Width Access & Utility Easement and Maintenance Agreemen-,
including the terms and provisions thereof, recorded March 28, 2007, Reception No.
2007-020544, Lane County Deeds and Records.
NOTE: 'axes, Account No. 1369881, Assesso-'s Map No. 18 02 03, =302, Code 19-0.,
2021-2022, in the amount of SO.CO, EXEMPT.
, A OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 WILLAMETTE ST. 715 HWY 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100
EUGENE, OREGON 97401 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 EUGENE, OREGON 99401
PH: (541)Nw-2233"FAX: (541)485-0307 PH: (541)997 -8417 -FAX: (541)997-8246 PH: (541)653-8622"FAX: (541)8441626
E-MAIL: INPOrdCASCADETITLE COM EMAIL: FLORENCEnCASCADETITLE_COM EMAIL: VILLAGEPLAZAna CAscA ILITLECOM
Order No. 0311790
Page 2
This report is to be utilized `_or information only. This report is not to be used as a
basis for transferring, encumbering or foreclosing the real property described.
The lisp-'ity of Cascade Citle Co. is limited to the addressee and shall not exceed the
premium paid hereunder.
CASCADE TITLE CO., by:
kh/rh: Title Cf£icer: KURT SFATy
Order No. 0311290
Page 3
PROPERT`_' DFSCRTPTTON
A parcel of land in the Northeast quarter of Section 3, Township 1B Sou_h, Range 2 blest,
W411 amette Meridian, in Lane County, Oregon, described as follows: Beginning at the
1977 Lane County brass cap monument marking the South -Southwest corner of said Donation
.:and C1 air. No. 37; thence South 00° OS' 42" West 75.00 feet distant; thence North 69`
20' 57' West 213.60 feet distant; thence North 00' 05' 42" East 130.00 feet distant;
thence North 46' 38' 59" WesL 84.96 feet distant -o a point on a curve, the center of
which bears North 460 38' 59" WesL; thence along the arc of said rove to the left
having a radius of 45.00 feet, through a central anile of 64° 08' 31", an arc distance
of 50.38 `--est; thence North 29� 05' 42" East 108.51 fee- distant; -hence South 81° 22'
27" East 202.24 feet distant to as d West line of chc T. Maynard Donation Land Claim No.
37; thence South 000 OS' 42" West along said West line, 300.00 feet to the point of
beginning, in Lane Countv, Oregon.
T � G
CASCADE TITLE CO.
18020314
SW COR.
T.J. MAYNARD
D.L.C. 37
LOT 2
34.01
_019-01
APPF
1/4 C
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s.2sa3n
THIS MAP/PLAT IS BEIM FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE, IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
MAP NO.
18-02-03-00
18020310
tin-�
W1T
N3T IS3Y
10821'
N79'10'Tl' -
N4?'24L3"W
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4{.4TT
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- Y39'46 W
1 ay�1.}
3{.5T
01
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431.49'
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0
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302
18020314
SW COR.
T.J. MAYNARD
D.L.C. 37
LOT 2
34.01
_019-01
APPF
1/4 C
1��1 9H118it: CAF _ NBp'2
R
s.2sa3n
THIS MAP/PLAT IS BEIM FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE, IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
t§109404 VA.U.NEW)
\a2' 'tu ns Canada Enterprises L'fn 6
f:Nn11 .ALL MEN BT THESE PRCBCNTS, that the Idarei%ued, Ralph .Stubblefield,__
C - .,,I other aw.d and valuable co ns id=ra-
Sprin tie r eipc whereof is I res; asks 1 dged docs h by gran. unto the City of
Springfield, a municipal corp stion, acting by :and through its SPRINGFIELD UTILITY HARD,
and net- its successors and assigna, a: perpefual;eaeene.nt and right-of-way ever. a strip of
land 15 Feet in width in, under, over, upon and across:. that certain tract of land
treated in _TQemshfn 18 South Ran,, 2 W S..ce tionsCounty of Lane, Seats of
Oregon, described rn Che instrument signed lie, 10__,. F9A3_, and recorded omOct_2 ,
19 _53_, as No._ 13876 , in Book , on Page, on Reel 954.. �. ixne
County Oregon Deed Records.
The route to be taken by said line or lines across said lands is to be continuous
with and a part of the general route across other adjarent lands and is more particularly
described as follows: _
That portion of the southerly and easterly 15' (feet) of Tax la,t 300 on Lane County
Assessors Map 18-02-03, lying adjacent to the following described line:
J Beginning at the S/W corner of the T.J. Maynard D.L.C.#37 Township IRS, Range 2W
of the W.M.; thence South 0000'40" year 536.44,1(feet); thence March 89024'30" West
to the easterly line of the John Smith rfLL.C. l48;`thence north on said line 398.08'
(feet) to the northeast corner of theJ. Smith O.L.C. #48; ,thence North 89058'10"
West 1440.251 (feet) Co a point in the 'easterly tight of -way Acure of the Weyerhaeuser
Timber Company Road: _
Also, 115'(feet) wide easement for guying and anchoring as Vedad. +M3i d(p•:�cuA�ttQ#Z ��fV
J described as beginning at the N/E corner of S. Smith D.L.C. 1148; thence westerly 7.5'
(feet); thence northerly 30'(feet); thence easterly 15'(feet):; thence southerly 22;5'
(feet); thence easterly 22.5'(feet); thence southerly 15'(feec); thence westerly 301
(feet); thence northerly 7.51(feet) to the true point of begdaning.
J . Also an easement for guying and anchoring as described: Beginning at the SM mrnev
of T.J. Maynard D.L.C. 937; thence northerly 30'(feet); thence westerly 151(faat)p.
thence southerly 151(feet); thence 15'(feet) westerly: thence-l5'(feat) soutfrerlyq
thence 301 (feet) easterly to the true $.let of beginning, int, Section 3, Township To
South, Range 2 West W.M., all in Lane County, Oregon.
And to since, construct, nperate., repair, maintain, relocate~ and replace ch"ein an
olectric transmisalon and/lir distribution line,,, ,fi,ludiag poles, fay site, slid al} o166a,
necessary facilities, to cut and trim trees and shrubbery, to..,reaove and replace feerea
and lanes to the extent necessary to. construct, m lotain, nnd-protect said lines, and to, -
Crfm and remove all dead, weak, leaning, or Anogerous branches.. or entire trees that are
high enough to strike wires in falling: to place bridges, roads, and culverts as required
to construct and maintain said electric transmission Ind/'lir distribution lines. No part
of any building or permanent structure will be placed upon this easement, other than as-
phaltic pavements, curbs, sidewalks, and driveway aprons.
SEE EXHIBIT ;A 5 EXHIBIT B
The undersigned covenants that he is the o of be above described property and be,
such property is free and clear of encumbrances and liens of whatsoever character except:
TRANS CPj� OA 'T R� PRISES LID.
per: 1� February 3rd, 1981
Execut)ve Vie Pres i ant n nate
Date
Province of
British
rxgEgXrx l
BE IT REMEMBERED, That no this 3rd Sl�day of February I9'81
brlon, me, the undersigned, a Notary Public in and for said IXiw4Ypy%#NrFIbYMYr, persauehy appeared Bme within
named .... ... Province
_.._ .._.
Hurray Edward. Hardie#Y
knan•n to me to he theiden(itni in rv:J;lal. 4....imbrd m Intl who a .sd Ilv ,tubi.
oinynrmenf aM
acknwledeed Is me rase be sapeed the sae Levy an.l r.Iunmes,
tln7V.JUSTd�IONY WHEREOF, h In a fle-o-to .er my h' ... d and afa d
mp official .Neal th d-ry and y,s, IN, o.- written.
�, ,' A Commissioner for taking AffidavitB in g E. ,i
'. . 810940/4
EXHIBIT lA
It is understood that the amount to be paid to the undersigned by the City due
include the value of the trees, if any, that may be removed from the IS ,ft.
strip of right-of-way and/or from lands of the undersigned adjacent to the Mai
Trees shall be considered.merchautablo If, ,when failed, they will produce a to
^.feet in length and have -a diameter of six Inches, ac :the top, Th. F LY>'ittg,dnd`
of merchantable Goats removed during ecngtructi6n of Maid line shaki he's. fol
' All mercheutatrie crena ihnluding"davgej�" trees a8 aces{ xo-the.-cig(it-sf>bay
f. yarded to a mutually agreed site on t`h"e"abova d cri'lied pYgperty''by the Ctty.;
^. to remain the property of. the undersigned.. Tie falling and:disposal of merc6`S
trees, as required: in the future, shall be dndev the market conditions Ghlch Ja
current at the time of removal and as determined by-mutualagraeme t betwesu�r
'{ signed and the City. Unmerchantable trd&s, limbs and brush'shall be buffid4 be
vise disposed of by the City in such a manner That no fire-hamArd-shol_1 Abe c're
thereby.
s net
vide
r'
81094.04
NQRTH _.
} I f� MPIN SENEET ' u "I
MAP FOR
STUBBLEFIELD/TRANS •CANADA,
ANNE%ATION
nOWEFV nE EP SE MExi
ME P
� iSPMVE PLMC EP EE MFtlT IfP LGOSEDP
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STATE OF OREGON, St'0940 A
County of LAM. -
I F.bp�axy .............. . ..
IAHI
BE IT REMEMBERED, That Nus ........ 1��h ........... d.y ef he
bdore , the mnde-
....d ............. .-RALPYT. SnBUEHELD_ .... ............. ....... . ........ -
- .............. ............ .. . ..... . ............
...... .... . ........... ................ , . . ......... . ..... . ........ .......... . .. . ...... . . ......
.................. . -- - ----
known
to f. deetu� -he "'Re' '*'fqTe
acknowledged to (.,,.,exewfed the e�. ftealy,and vol untoV7.
. _ - . , —.I- -. — h—d ndeared�
Division of Chief Deputy Clerk
Lane County Deeds end Records
001.010944
After recording retarn to: III "1JIIIIIIIIIIIIIII $46.00
insvois00891662070I054IIIIAIo, Suite zoo
Springfield, OR 97477 03/28/200108:13:01 Ah
RPR-ESMT Cnt_2 Stn=1 CRSHIER 05
$5.00 $20.00 $10.00 $11.00
PRIVATE VARIABLE WIDTH ACCESS & UTILITY EASEMENT AND AGREEMENT
THIS AGREEMENT made and entered into on 1"1WI-11 29. 2007 , by and between
Alberts Development. LLC . hereinafter called the first party, and City of Springfield, a municipal
corporationacting by and throueh the Springfield Utility Board . hereinafter called the second party,
WITNESSETH:
WHEREAS: The first party is the record owner of Lots 172, 173, 174, 176 and 177 of
MOUNTAINGATE 2Ro ADDITION, as platted and recorded Ma mein 28 . 2007 Reception
No. 2A07- 20571 Lane County Official Records, Lane County, Oregon.
and has the unrestricted right to grant the easement hereinafter described relative to the real estate; and the
second party is the record owner of the following described real property:
A parcel of land in the Northeast quarter of Section 3, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF
THE WILLAMETTE MERIDIAN, in Lane County, Oregon, described as follows:
Beginning at the 1977 Lane County brass cap monument marking the South -Southwest corner of the T.
Maynard D.L.C. No. 37; thence South 00005'42" West 75.00 feet; thence North 69020'57" West 213.60
feet; thence North 00005'42" East 130.00 feet; thence North 46038'59" West 84.96 feet to a point on a
curve, the center of which bears North 46038'59" West; thence along the are of said curve to the left
having a radius of 45.00 feet, through a central angle of 6400811", an are distance of 50.38 feet; thence
North 29005'42" East 108.51 feet; thence South 81'22'27" East 202.24 feet to the West line of said
D.L.C. No. 37; thence South 00005'42" West along said West line, 300.00 feet to the Point of Beginning.
NOW, THEREFORE, in view of the premises and in consideration of $-0-, it is agreed:
The first party hereby grants, assigns and sets over to the second party, and reserves unto itself, an
easement for water line, private access and private utilities over and across the above-described property
owned by the first party for the benefit of said property owned by the first party and property owned by
the second party also described above, said easement is shown on Exhibit "A" and more particularly
described as follows:
F9PROMMU286-Mounbin8W\CORRESMON CENhac 313EsmtSub.172.173.174.P76.177.dm Page lof4
The Southerly 10.00 feet of Lots 172 and 173, and a portion of Lots 174, 176 and 177 of
MOUNTAINGATE 21'lo ADDITION, as platted and recorded Reception
No. Lane County Official Records, Lane County, Oregon, lying North of
a line described as: Beginning at a point being South 45005'12" East 15.85 feet from the comer common
to said Lots 172, 176 and 177; thence South 51 °08'54" West 36.14 feet to a point on the line common to
said Lots 176 and 177; thence North 59020'29" West 121.13 feet; thence North 72024'48" West 160.30
feet to a point on the Easterly right-of-way line of South 66' Place, said point being 25.00 feet, when
measured perpendicular, from the centerline thereof, and there terminating.
The first party and second party shall have all rights of ingress and egress to and from the real
estate, (including the right, from time to time, except as hereinafter provided, to cut trim and remove
trees, brash, overhanging branches and other obstructions) necessary for the use enjoyment, operation and
maintenance of the easement hereby granted and all rights and privileges incident thereto.
Except as to the rights herein granted, the first party shall have the full use and control of the
above described real estate.
The second party agrees to save and hold the first party harmless from any and all claims of third
parties arising from the second party's use of the rights herein granted.
The period of this easement shall be perpetual, always subject, however, to the following specific
conditions, restrictions and considerations:
1. Easement to remain free of structures and parked vehicles and shall be available for access to
the public road at all times.
2. Maintenance shall be undertaken at such time as the majority of the owners being served by
said Easement deem it desirable.
3. Emergency vehicles shall have the right to enter upon said Easement for the purpose of
emergency vehicle access.
During the life of this easement, maintenance of the easement and costs of repair of the easement,
if damaged by natural disasters or other events for which all holders of an interest in the easement are
blameless, shall be the responsibility of the second party, the owners of Lots 174, 176 and 177 of said
MOUNTAINGATE 2N ADDITION, and, if access is in fact taken, whether that access be primary or
incidental, the owner of Lots 172 and 173 of said subdivision, to share and share alike.
During the existence of this easement, holders of an interest in the easement who are responsible
for damage to the easement because of negligence or abnormal use shall repair the damage at their sole
expense.
This agreement shall bind and inure to the benefit of, as the circumstances may require, not only
the parties hereto but also their respective heirs, executors, administrators, assigns and successors in
interest.
IN WITNESS WI-IEREOF, the parties have hereunto set their hands on the day and year
first written above.
F:TROMCTSU286-Mouomi,g \( )WiESPONDENCENhese M%Esm4So.172.173.174.176.177.Mc Pne2 of4
ALBERTS DEVE7 .
:�,
Todd M. Alberts, Member First Party
STATE OF OREGON, County of Lane) as /
This instrument was acknowledged before me on &211d,SIIv tf 2007 by Todd M.
Alberts as member of Alberts Development. LLC , as its voluntary a and deed.
r _WM
-� .• Y COM
SPRINGFIELD UTILITY BOARD,
an Oregon municipal corporation
Notary Public for Oregon
My commission expires:
By:
Name: C.�aiaFEs A6r.cP.ey
Title: v/liv. .92M �
Second Party
STATE OF OREGON, County of Lane) as
ThJJs id¢tJ��j ent was acknowledged before me on 0 @-ftr40 by
��iar/PS ?ii2re6_ - as f
Springfield Utility Board. an Oregon municipal corporation . as its volun ary a andJ eed.
CHk pFIClP,L S .
NOTgy
woo M,4;iS 04fttP4 M0.3Sopftot Public for Oregon ,,/I
commission expires: NF
FOROJ (TtSV286-Mound gme\CORRESPONDPNCE1Phesc 313Enft.SW.I]2.P/3.174.176.177.&c Pap 3 of4
MOUNTAINGATE 2ND ADDITION
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14184 SF
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No
177
112837
F.NROIECPS13286-Mounlainga \COR SPONOENCE1Ph 3BTs=S5 .1]2.1]3.1]4.1]6.1]].doc Pag.4 of4