HomeMy WebLinkAboutDeed APPLICANT 4/8/2022Attachment 5
,/ STATUTORY WARRANTY DEED
A�,D
ll RALPH L. STUBBLEFIELD and TRANS CANADA ENTERPRISES, INC., a
corporation, as Grantors, de 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 -
rce incorporated herein as though fully set forth, to have and
o 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. Box 300 -
Springfield, Oregon 97477
Ralph tubblefield
TRANS �ANAA/D/pJ'{®Ey.NTER®PRISE�S, INC..
BY
STATE OF OREGON )
as. E S 'i1221i ®a�U7,6
County of Lane )
Personally appeared before me on this day of
1981, Ralph L. Stubblefield, and
aek¢oi+led� d"E:he foregoing instrument to be his voluntary
act and -deed.
'.�F'•--
Notary Pu is tor Ore on
+r OF 0�r4 My Commi ion expires:ily��/�jy1
PQOVINCF oF`9Rit" Coo UMBiq
ss.
tea= )
Personally appeared before me on this qhA day of
1981, Mai&&4Eo wamA ttpdaLixN who is
the�u Kq, MMwofTrans Canada Ent rprises,
Inc., an l ged the foregoing instrument on behalf of
the corporation salts voluntary act and deed.._
g���y5- �'•:; Notary P blrc for 9arwjr vl 4060ftbp, PJ
4 .NQF A ••,. My Commission eagirass i
.•,. 11 r.Q�J ,,,
8724x8 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 braes 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 69020157" 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 46038'59" West; thence along the arc of said
curve to the left having a radius of 45.00 feet, through a central angle of 64008131",
an are 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 00005142" 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 eneement 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" East 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 are 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 are of a curve to the right having a radius of 955.00
feet, through a central angle of 03059'33", an are distance of 66.55 feet; thence along
the are 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 19016153", an are distance of 203.60
feet to the terminus of said centerline.
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SUPPLEMENTAL
STATUS OF RECORD TITLE REPORT
THE SATRE GROUP Date: FEBRUARY 8, 2022
ATTN: HALEY CAMPBELL Our No: CT -03--1290
375 WEST 4TH AVE SUITE 201 Charge: $300.00
EUGENE, OR 97401
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 following:
Coates:
CITY OF SPRINGFIELD,
a municipal corporat_on acting by and through the
SPRINGFIELD UTILITY BOARD
Said property is subject to the following on record matters:
1- Taxes, inc-uding the current fiscal year, not assessed due to Municipal Exemption.
I£ the exempt status -s term Paled under the statute prior to the date on which the
assessment roll. becomes tie tax roll in the year in which said taxes were assessed,
additional taxes may be levied.
2. Utility Easement, including tae terms and provisions thereof, granted City of
Springfield, a municipal corporat-on, acting bV and through i -s Springfield Utility
Board, by instrument recorded March 3, 1981, Reception No. 1981-009404, Lane County
Official Records.
3. Private Variable width Access & Utility Easement and Maintenance Agreement,
including the terms and provisions thereof, recorded March 28, 2001, Reception No.
2007-020544, Lane County Deeds and Records.
NOTE: Taxes, Account No. 1369881, Assessor's Map No. 18 02 03, #302, Code 19-01,
2021-2022, in the amount of $O.CO, EXEMPT.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 NTLLAMETTE ST. 715 H 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 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�M22^ FAX: (541) 844-1626
E-MAIL: R,1700CASCADETITLE.COM E -MAH.: FLORENCE9,CASCADETITLE COM E-MAIL; YILLAGEPLAZA�ASCADETITLE COM
Order No. 0311290
Page 2
Tris report is to be utilized for information only. This report is not to be used as a
basis for transferring, enrumbering or foreclosing the real property described.
Tie li.abtlity of Cascade Title Co. is limited to the addressee and shall not exceed the
premium paid hereunder.
CASCADE ^_ITLE CO., by:
kb/=h: Title Officer: KURT BEATY
Order No. 031129C
Page 3
PROPERTY DESCR-PTTON
A parcel of land in the Northeast quarter of Section 3, Township _8 South, Range 2 West,
Willamette 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
Land Claim No. 37; thence South 00° 05' 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" West 84.96 feet distant to a point or. a curve, the center o`
Which bears North 46' 38' 59" West; thence along the arc of said curve to the left
having a radius of 45.00 feet, through a central angle of 6d° 08' 31", an arc distance
of 50.38 feet; thence North 29° 05' 42" East 108.51 feet distant; thence South 81' 22'
27" East 202.24 feet distant to said West line of the T. Maynard Donation Land C=aim No.
37; thence South 00° 05' 42" West along said West line, 300.00 feet to the point of
beginning, in Lane County, Oregon.
T .
CASCADE TITLE CO.
MAP NO.
18-02-03-00
�y 18020310 Ijj:ES
S REt1
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99AT
N3 I" P- N+µ.4T1"WCA
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9, �.RC N ,V9 P
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18020314
C. 302
1.7 a� SW COR.
T.J. MAYNARD
D.L.C. 37
LOT 2
34.01
_019-01
APPF
114 C
- �'�-O (•3.90 en. cw - 'acz
e
S.29134
lTHHISNMLkP/PLATlSBElNFURNISHED 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.
5 T3109404 B'fIL LI t l N1iNI'
\Trans Canada Enterprises LED 6 '�NNOb' ALL HEN BY THESE PRESENTS, that the uadotsL ued. g sh A. Stubblguke3,t
for-. - n t th r Rood nod valuable tonsvdsia-
o-hnn, the rete rpt whereof i h eby ackn wledFed dor- hereby grant unto the City of
Springfield, a municipal corporation, acting by and through its SPRINGFIELD UTILITY BOARD,
and unto its successors and assigns, a perpetual tease -le., and righc-of-way overa. strip of
land 15 feet in width in, under, over,upon. and 'ac toss .them certain tract of. land
,j 1pcnYed in Township lA Bputh. Rangy 2 West. Mt84n., County of Lane, State of
Oregon, described is the instrument signed • Sept. 10_, 1953,and retarded pmgSty2,
as No. 11076 , in Book on page_ , an Reel 959.: n Lane
County Oregon Dead 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 acrneb other adjacent lands and is more particularly -
described as follows: -
Mat portion of the southerly and easterly 151 (feet) of Tax lot 300 an Lane County
Assessors Map 18-02-03, lying adjacent to the following described line:
J Beginning at the B/td corner of the T.J'.. Maynard U.L.C. 637 Township INS, Range 2W
of the W.M.; thence South 0000'40" West 536.44'(feet); thence North 89024'30" Neat
to the easterly line of the John Smith D.L.C. 048; thence north on said line 398.08'
(feet) to the northeast corner of'the -J.'Smith -D.L.C. 648; thence North 89058'10"
West 1440.25'(feet) to a point in the 'easterly right-o£-way.lace of the Weyerhaeuser
Timber Company Road:
/ Also, 1, 15'(fe.t) wide easement for guying and anchoring+MdveilP�g;�cuy�lQ
I/ described as beginning at the N/E corner of J. Smith ➢ L C.-:#:48; thence westerly i 5
(feet); thence northerly 30'(feet); thence easterly 15'(feet):; thence southerly 22:5'
(feet); thence easterly 22.5' (feet); thence southerly 15'(feet); thence westerly 30'
(feet); thence northerly 7.5'(feet) to the true point of begdnning.
J. Aiso an easement for guying and anchoring as described: Bagiardng at the S/W carridaut
of T.J. Maynard D.L.C. 637; thence northerly 30'(feet)l thence westerly
thence southerly 15'(feet); thence 15' (feet) westerly; thenee-15'(feet) Soother ly;
thence 30' (feet) easterly to the true point of beginning, lw% Section 3, Towndillp P8
South, Range 2 West W.M., all in Lane County, Oregon.
And to °lace, construct, operate„ repair, maintain, relocate:;::: and replace therein an
electric transmission and/or distribution lies, including poles, guy wires and all older
accessoryfnellicies, to cut and trim trees and shrubbery, en -remove and replace fences
and lawns to the extent necessary. to.....tract, ma:n Gain, and -protect said linea, attd to -
trim and remove ill dead, weak, leaning,, or _d au,crous branches,ir entire trees that Are
high enough to strike wires in falling; to place bridges, roads, and culvert. as required' '
to construct and maintain said electrictransmission and/or distribution lines. No part
of any building or permanent structure will beplaced upon Chis easement, other than as—
phaltic pavements, curb., sidewalk., and driveway aprons. '
SEE EXHIBIT iA B EXHIBIT B
The undersigned covenants that be I. the owner of the above described property and that
such property is free and clear of encumbrances and liens of whatsoever character except:
TRANS CF1�AOA FfiTJ:RP�8�5E$� Lj� February 3rd, 1981
per: L �,>/�
Executive Vice °rest ent r nate
Province of
British Columbia
sxxxaxxx -
BE IT REMEMBERED, Thnt nn this 3rd dny of February Ig 81
hrlora me. the undeoig-d, a N.1-, public in mW for avid aaivaq, ahaaelax•, per o IIy appeared the within
1. named ......... Province ._..
Hurray Edward. HarAuty ..._ .... .. _. _.. ... ....
r Fna"m 1n me 1. hr the ids 6—; ;:;tiiridiiHl� do o1wd in and who --,d Me within mal—rct ped
nrknoudedGed to me Oru he
e" I'd the m
'c In,,h and mtupva
ny.
Sex, r. i�v iTESTH�DO, YPWHEREOF. I h -r Grreumo set my ha,.d and spired
dhci,' -1 rh da, and yror 1-tefwve weinen.
Y
A COW,115$iOner for taking Affidavit, is 8 E
+til'pt LV .th.�ar-c...::.
'+ '. ' 8109404
EXHIBIT 1A
It is understood that the amount to be paid to the undersigned by the City does net
include the value of the trees, if any, that may be removed From the 15_ft. wide
strip of right-of-way and/or from lands of the undersigned adjacent to the Said stril
Trees shall be considered.merchantable if, when felled, they will produce a tog g -h,
feet in length and have a diameter of six inches at the top'. The Fad.Yt g,and''d3 pns�
of mercbstrable trees removed during cdfistrueiidb of 'said line sbeltl be as fal"lowbo
All merchantable trees Soclvding dange'f" tiaes adjaeenk to the xigfit-oF vay bli; �e
yarded to a me"ally agreed site on fhe''abdve destrlb'e6'propexty by tfie City: nd<SX,
s to remain the property o£.the undersigned The'falli'ng and: disposal of mareNenfsbYe
trees, as required,in the future, shall be uvder'f6 market. condici ns which app -V
current at the time of removal and as determined by -mutual agreement between& 'told;
Signed and the City. -Unmerchantable trabs, limbsand bras shall be butnei:.-r 6}fief
wise disposed of by the City in such a manner that no Eire -hazard shall beiaeaated "
thereby.
NQ;RTH.
i
J �-- IL MAIX 9iP EEi I u LJ
AREA MAP FOR
STUBBLEFIELD/TRANS (CANADA. IL4Lscli
ANNE.KATION 4.11}t
POWER�1 xE EA 9C MExi ,
®S{ 15'P0WERLINE EPSEHEXt IPP0P09 EO1'
® 151.WANOXOP ER$ENENT I PROPME01
]00'
STATE OF OREGON
12th d y f ,Yebxuary 19.81
Be, IT REMEMBERED, That public
is ally olvaetad the -ntfan
before ma fh .under pned .. B fart Pu61tc e+W fa .... Oau tY eml Stefe Pa+
namd ARE �L STUEBLEFTEtiII .....................
._n �ff��� .... — .. tNmerit uW
Imow ro a fa by fhit�detlfhefB1%'e�d e✓ d abed tl wfio a ecuted3ffie mthrn aa, .'i
acknow/ d6 d fo ma !fiat r�Va y�ea*.0 ecvt ti the eame freely,Waf olunfa By.
- -� EOP i have fieamm a sat my hand and-ellUid
NY WHER ,
n,y�el e d amWzyam la l abo wntten4
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LaneCon of Chlef Deputy Clerk 207-254
Lane County Deeds and Records
After recording reNm to: IIIIIIIIIIIIII IIIIIIIIIIIIIIII 111111111011111111 $¢6 DD
Olson & Moms 00894766200700206440030048
380 Q Street, Suite 200 03/28!100108;13:01 RM
Springfield, OR 97477 RPR-ESIIT Cnt=2 Stn=1 CASHIER 06
$6.00 $20.00 $10.00 $11.00
PRIVATE VARIABLE WIDTH ACCESS & UTILITY EASEMENT AND AGREEMENT
THIS AGREEMENT made and entered into on Ma/t,41 Z4• 2.007 , by and between
Alberts Development. LLC . hereinafter called the fust party, and City of Springfield, a municipa
corporationacting by and through 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 2' ADDITION, m platted and recorded Mari. 26 1 20o7 Reception
No, 2007- 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 arc of said curve to the left
having a radius of 45.00 feet, through a central angle of 64°08'31", an arc 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 00°05'42" 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:
F.TROXCCSM86-M.tiftiptelCORRESPO14DENCThese 3BT.LSu.I72.173.174.176.1T/. Page 1&4
The Southerly 10.00 feet of Lots 172 and 173, and a portion of Lots 174,176 and 177 of
MOUNTAINGATE 20 ADDITION, as platted and recorded Reception
No. Lane County Official Records, Lane County, Oregon, lying North of
aline described as: Beginning at a point being South 45005'12" East 15.85 feet from the corner 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 60 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 fast 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
MOUNTAAIGATE 2ND 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 WHEREOF, the parties have hereunto set their hands on the day and year
first written above.
F.P OM TS0286-Momta,M6\CORRESPONDENCE\PAam3a\Esmt5W.172.173.174.176.177.doc FMe2or4
ALBERTSDEVE7F
Todd M. Alberts, Member First Party
STATE OF OREGON, County of Lane) as
This instrument was acknowledged before me onft�i-2i-eh�26, 2-" by Todd M.
Alberts as member of Alberts Development, LLC , as its voluntary act and deed.
IM
EgL%9Ph3A1dAEGONOV�?A09
SPRINGFIELD UTILITY BOARD,
an Oregon municipal corporation
Notary Public for Oregon_
My commission expires:- 7-7 —
By:
Name: G.ssvir4,Es ARRE.e9
Title: C W7jR.! Oi virrvw aiR.�—�r��(
Second Party
STATE OF OREGON, County of Lane) as
p�Th�s instrlynent was acknowledged before me on e CP% 7–� by
ar PS fY¢rm- as +" f
Springfield Utility Board. an Oregon municipal corporation , as its volun arY a and. ced.
ON OF es'S
kHLES El
NOJq IS 5. b r
COM�iSIS fl'fdpRVN0'oR�2t4ot Public for Or
��
commission expires:
F:1PROJECTSU286-MounWng Wh TZRESPONDENCE1 we 3BlEsmt.Su.IU.10.174.1]6.177.d Page 3 of4
EXHIBIT "A"
I�
MOUNTAINGATE 2ND ADDITION r
.N
4=292152-
R-27509,
A1=}4084'
CN=R3516wr
a=139.40'
173
16176 SF
a=113319•
� ��
8275.00'
1330•
nt�s26'
r,7r�✓1r4629'r 174
12822 Sr
(-laoo , >wt•
_
176
\ 14184 SF
172
24566 SF /
M,
177
11283 SF
F?PROMCTSV286-MommgelelCORRESPONOBNCE1Plwe 3B1Esm6Sub.172.173.174.176.177.doc P.,4of4