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HomeMy WebLinkAboutDeed APPLICANT 5/19/2022Attachment 5 STATUTORY WARRANTY DEED �G 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- 9ce incorporated herein as though fully set forth, to have and do 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. Bee Exhibit "A". P. O. Box 300 _- Springfield, Oregon 97477 ! Ralph 1:- tubblefield TRAM S ANAD ENTERPRISES, INC..o By /yy. STATE OF OREGON County .of Lane j as. E 5 ' x41 PIZ 000TV) P,ersbnal'ly appeared before me on this 3-/ day of 1981, Ralph L. Stubblefield, and a'akRp4fYed- d'the foregoing instrument to be his voluntary aat and -deed. rE ...... F P1. r? PicO��Ntk ... .Agi*,N CaauMaja 7 as. s >6�289t ao1110,5 NotaryPu is for Oregon My Commi, ion expires: nr�/%yy Personally appeared be ore me on this day of J1� V 1981, uVIaL 6ALJ&VCL , who is the �`u Kp of Trans Canada Ent rprises, Inc. 4. acknowledged the Foregoing instrument on behalf of the corporation salts voluntary act and deed. . w • ` «',, Notary P blic for 9r9re My Commission axptgaer1 , . . 81 241108 SI 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 00005742" West along the [lest line thereof, 75.00 feet distant; thence North 69020757" West 213.60 feet distant; thence North 000 05142" East 130.00 feet distant; thence North 46038159" 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 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" 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 32027111", an arc 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 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 arc distance of 203.60 feet to the terminus of said centerline. 2e9 Sue 9'" B a m K 5 E s O'er m HWaC .] 7 rr ° r 0 o P w g Q N P a w jQ "m �kh yi aJ I I'`1 h hW ° 10 Ln h a a Ww 1, ogh� v m W h w — b� Q "mN CWS .lhN 34@ll0 �No 2s am LL �U3a� Z � 3MOVF �mm � 3uFP - Cn �°m ava9 asog� "21 `012 6Z M.2b,50._0S _ __ 0000£ _ p,zq,ygas F ^ L 3'JIY3b^ad3U— 0616 (6"601 —(-y N 0'lQ N yl°Atl353tl � 3 h^ m Q N p S UI LLP W � PN 4 p» �i w J E W x638 a8m�5 m°a m 00'051 a` av Evergreen �n Land Title Company L After recording retem to: theme, Address, Zip) Evergreen Land THIS Company MO Country Club Road, Ste 120, Eugene, OR 97401 UnVI r,..Wit alherwiee, and ali tax statements to: ,it, of Sprirlgfdd, a Municipal Comorel on of the State of Oregon acting by and through SPRINGFIELD UTIL" BOARD 223"A" Sbeeh Springfield. OR 87477 GRANTOR: 81USJL, LLC 21058 Avery La, Bend, OR 9T702 GRANTEE: City of Springfield, a Municipal Comomtion of the Slain of Oregon lie ing by and, though SPRINGFIELD UTILITY BOARD 223 W Street, Springfield, OR OT477 Lane County Clerk2018-051267 Lane County Deeds 8 Records 11/02/2018 10:28.06 AM RPR-VEEA Cnt=1aN-8 CASHIER 06 4pages 320.00$11,00$10W$61W $102.00 ORDER NO. 18-16946 TA ACCOUNTNO. 1724473,1702892 1792959,1 792916 1792900 1792926 17929341792942 MAP NO. 18-02-03-1 P00100, 06000, 06100,06200, 6300, 6400, D650D, 06600 Space Above Reserved for Recorder's Use STATUTORY WARRANTY DEED 818 SJL, LLC, an Oregon Limited Liability Company, Grantor, conveys and warrants to City of Springfield, a Municipal Corycretion of the State of Oregon acting by and through SPRINGFIELD UTILITY BOARD, Grantee, the following described real property free of encumbrances, except as specifically set forth herein, situated in Lane County, State of Oregon, to wit: See Legal Description attached hereto as Exhibit W Subject to and excepting: Covenants, Conditions, Restrictions and Easements of record. BEFORE SIGNING OR ACCEPTING THIS IMS UMEM, THE PERSON TRANSPERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF AM, UNDER ORS 195.300, 195301 AND 196.305 TO 198,336 AND SECTIONS 6 TO 11, CHAPTER 4R1, OREGON LAWS 1007, SECTIONS 3 TO 9 AND 17, CHAPTER 865, OREGON LAPS 9009, AND SECTIONS E THUSTO T, CHAPTER 8, OREGON LAWS 9010, THUS INSTRUMENT DOES NOTAILOW USE OF THE PROPERTY OESCRIBEO IN THIS INSTRUMENT IN WOLATION OF APPLICABLE LAND USE LANG AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK "M THE APPROPRIATE CITY OR COUNTY PIANMNG DEPARTMENT TO VERIFY THAT IDE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTA USIMID LOT OR PARCEL, AS DEFINED IN ORS 92010 OR 915.010, TO VERIFY THE APPROVED USES OF THE LOT ORPARCE4 TO DETERMINEANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN On 30.930 AND TO INQUIRE ABOUT THE OGHT$ OF NEIGHBORING PROPERTY OWNERS, IF ANY. UNDER ORS 195.3D0, 195.301 AND VIEWS TO 196.336 AND SECTIONS 5 TO 11, CHAPTER 424. OREGON LAWS 1907, SECTIONS 1 To 9 AND 17, CHAPTER 866, OREGON LAWS 2009, AND SECTORS 1 TO T, CHAPTER 8, OREGON LAWS 2010. The true and actual consideration for this Conveyance is $700,000.00. (Here, comply with the requirements of ORS 93.030.) Dated this November 02, 2018 BIB SJL LLC Ge G t Member State of Oregon M County of Lane The foregoing instrument was acknowledged before me this L Gmmzow, as Member of 818 SJL, LLC Acceptance of conveyance by Springfield Utility Board: —� File 18-16W eve moorry Grow Falls 1 oro The conveyance set forth in this Deed conveying title or interest to the City of Springfield a Municipal Corporation of the Slate of Oregon, acting by and th sough the Springfield Utility Board is hereby approved and the title w interest wnveyed therein is hereby accepted. SPRINGFIELD UTILBVY BOARD By: y� — Date: Jeff N eneral Manager Flle 1a-16948 - EVE War alit, Geed Page 2 t,4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: MAP 18-0243-10-00100 Beginning at the Sass Cap marking the Southwest comer of the T Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; Nn thence South 89' 11' 45" East 381.00 feet; thence South 1' 43'43" West 322 66 feet thence South 88' 11' 45' East 385.82 feet b a point on the boundary of EASTHAVEN SUBDIVISION, as platted and recorded in File 75, Slide 192, Lane County Oregon Plat Records; run thence along said boundary South 1.48' 1S" West 212.20 feet. thence South 26' 39' 33" East 139.62 feet thence South 1- 15638" West 135.43 feet; thence South 6. 22' 13" West 64.77 feet; thence South 2' 02'43" West 150.07 feet; thence North 88' 11' 45" West 99.22 Req thence South 14' 41Y05" West 115.77 feet; thence South 1.43' 43" West 360.53 Ret; thence South 68' 40'4U' East 100.41 feet thence South 61' 47' 36" East 117,80 feet; thence South 57' 59' 24" East 14493 Ret thence leaving said Plat boundary South 79' 42'24" East 30.13 Ret; thence South f' 43' 43" West 982.36 feet; thence North 79' 44' 26" West 202.24 feet; thence South 30' 43'43" West 108.51 Ret, thence along the arc of a 45.00 foot radius curve to the right, the long chord of which bears South 12' 54' 46" West 47.79 feet; thence South 45' 09 58" East 84.96 Ret; thence South V 43' 43" West 130.00 feet; thence South 67' 42' 56" East 213.60 Ret thence South 1.43' 43 West 462.56 feet; thence North W 44'49' West 973.06 feet, thence North 22' 16' 34" East 923.00 feet; thence North 30' 46' 57" Wast 9267 feet; thence North 25' 19' 10" West 98.02 fee[; thence North 11' 10' 22" Weet 131.49 Ret thence North 73' "'2T East 54.57 Re; thence South 32' 30' 48" East 121.36 Ret; thence along the arc of a 46,00 loot ounce curve to the right, the long chord of which bears North 41' 07' 32" East 13.55 Ret; thence North 32' 30' 48" West 226.16 feet; thence North 70' 10' a' East 99.86 Ret, thence Noah 47' 26' ST' West 44-47 Ret; thence Noah 37' 15' 32" East 109.21 feet thence North 22' 44' 11" West 90.47 feet thence North 50' 31'N" West 154.11 feet; thence North 42' 50'03" East 66.07 Ret; thence Noah 38' 52' 01" West 108.94 feet thence along the arc of a 275.00 Rot radius curve to the left, the chord of which bears South 45' 37'W West 31.51 feet thence North 47' 39'57" West 248 05 Ret; thence North 37' 15- 32" East 342.39 feet; thence North 13' 17' 28" East 195.36 Ret, thence North 41' 45' 21" East 174.09 Met; thence North 5' 58' 51" East 75,67 fast; thence North 46' 38'24" Wast 189.35 fee; thence North 45' 35 29" East 135.04 Ret; thence along the arc of a 225.00 bot radius curve to the right the long Mad of which bears Noah 51' 10' 19" West 125.34 feet; thence South 55' 29' 32" West 182.82 feet; thence North 41' 17'19" West 417.51 Re; thence Noah 56' 02' 20" West 151,40 feet; thence North 86' 14'33" West 148.92 feel, thence South 69' 43'24" West 80.92 feet; thence South 77' 57' 10" Wee 284.96 feet; thence South 80' 04'49" West 255.33 feet; thence Noah W 19' 06" East 72.16 Ret; thence North 37' 09' 32" West 54255 feet; thence North 17' 24'27" East 189.27 Ret; thence North 56' 32' 00" East 176.59 feet, thence Noah 67' 42'62" East 175.03 feet; thence North 84' 42'01" East 105.13 feet, thence North 71' 09' 08" East 43.10 feet thence South 38' 44'4V East 138.76 Ret; thence South 67' 09' 44" East 78.73 feet; thence South 86" 40'W East 235.61 Re; thence North 14' 04' 12" East 214.76 Rep thence Noah 01' 38' 01" East 33.53 Ret thence North 84'18' 16" East 10171 feet thence North 01' N'01" East =63 feet; thence along the arc of a 20.00 foot radius curve to the fight the long chord of which bears Noah 86' 14' 53" East 24 49 feet thence South 55' 59'27" East 10.48 Ret thence Noah 34' 00' 33" East 60.00 feet; thence Noah 55' 59' 27" West 10.46 Req thence along the arc of a 20.00 foot radius curve to the right, the long chord of which bears North 18' 13'47" West 24.49 Ret; thence along the arc of a 180.00 Rot radius curve b the left, the long chord of which bears North 11' 39' 02" East 49.36 feet thence South 86' 05'48!' East 105.66 Ret thence South 1. 57' 15" Wee 110.92 fee; thence South BB' 07' 08" East 26.00 Ret, thence NOM 1' ST 15" East 110.00; thence South 86' 11' 43" East 113.02 Ret; thence South 88' OT 06" East 302.54 feet; thence South i' 57' 15" West 483.01 feet to the Place of Beginning; in Lane County, Oregon. Fire 18-16996 EVE Wartmry Oeetl Pepe s oro PARCEL 1 CONTINUED: EXCEPTING THEREFROM, all that portion lying Maim the Boundary lines of MOUNTAINGATE 1ST ADDITION, as platted and recorded April 3, 2006, Reception No. 2006-022556, Official Records of Lane County, Oregon. FURTHER EXCEPTING THEREFROM, all that portion lying. with in the Boundary lines of MOUNTAINGATE 2NDADDITION, as platted and recorded March 28, 2007, Reception Na. 2007-020521, Official Records of Lane County, Oregon. PARCEL 2: MAP 16-02-03-10-06000 Lot 172, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Official Records of Lane County, Oregon. PARCEL 3: MAP 1842-03-1046100 Lot 173, MOUNTAINGATE 2NDADDITION, as platted and remrdetl March 28, 2007, Reception No. 2007-020521, Official Records of Lane County, Oregon. PARCEL 4: MAP 1842-0340-06200 Lot 174, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Official Rewds of Lane County, Oregon. PARCELS: MAP 18-02-0340.06300 Lot 175, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Otficel Records of Lane County, Oregon PARCELS: MAP 18-02-03-10-08400 Lot 176, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Oficial Records of Lane County, Oregon. PARCEL 7: MAP 18-02-03-10-06600 Lot 177, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Oficial Records of Lane County, Oregon. PARCEL 8: MAP 18-02-03-10-06600 Lot 178, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007 Reception No. 2007-020521, Official Records of Lane County, Oregon FOe 1&16996 WE wareny Cee! Poge<orI 2°m SUPPLEMENTAL STATUS OF RECORD TITLE REPORT THE SATRE GROUP Date: MAY 17, 2022 ATTN: HALEY CAMPBELL Our No: CT -0311290 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 '-ollowing described real property: ( A T T A C H E D) add as of: MAY 12, 2022 at 8:00 A.M., we find the following: Vestee: CITY OF SPRINGFIELD, a municipal corporation acting by and through the SPRINGFIELD UTILITY BOARD Said property is subject to the following on record matters: 1. Taxes, including the current fiscal year, not assessed due to Municipal Exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which as taxes were assessed, additional taxes may be levied. 2. Utility Easement, inc_uding the terms and provisions thereof, granted City of Springfield, a municipal corporation, acting by and through its Spr-ngfield Utility Board, by inatrument recorded March 3, 1981, Reception No. 1981-009404, Lane County Official Records. 3. Private Variable width Access & Utility Easement and Ma Sntenance Agreement, including the terms and provisions thereof, recorded March 28, 2007, Reception No. 2007-020544, Lane County Deeds and Records. 4. Annexation Agreement, including the terms and provisions thereof, recorded May 5, 2022, Reception No. 2C22-020363, 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 $0.00, EXEMPT. MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE 811 WRLA UKPIF. ST. 715 HWY 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100 EUGENE, OREGON 97401 MARLING: PO BOX 508 "FLORENCE, OREGON 97439 EUGENE, OREGON 97401 PH: (541) 687-2233 • FAX: (541)485-0307 PH: (541)W7 -8417 -FAX: (541)997-8246 PH: BNU 653-8622 • FAX: (541) 844-1626 E-MAIL: MFOINCASCADP.TITLA.COM E-MAIL: FLORHNCFo,CASCADETITLEAOM &MAR.: VD.LAGEPIAZA(wCASCADETITLE. Order No. 0311290 Page 2 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: kb/rh: Title Officer: KURT BEATY Order No. 0311290 Page 3 PROPERTY DESCRIPTION A parcel of land in the Northeast quarter of Section 3, Township 18 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 on a curve, the center of 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 64° 88' 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 Claim No. 37; thence South 00° 05' 42" West along said West line, 300.00 test to the point of beginning, in Lane County, Oregon. T . C - CASCADE TITLE CO. MAP NO. 18-02-03-00 CI ki f. 0 � n m LOT 2 3401 98-3 9og j 019 -o �I 18020314 I SW GOR. I TJ. MAYNARD 37 fFURNISHFD 019-01 j tMAP/PLAT APPF 114 C ATING 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 TTTLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN" THEREON. f 4 U109404 UI'I Ll'11 EA.' _MRN1', T,.aa Canada Enterprises LTD A RN04: ALL MEN AY THESE PRESENTS, that in. enders L.:ued. nam p. Stubblefieltt -... to, —_ a.l other Laud and valuable cans£dar.- c-i-inn, the ip[ whereof is hereby e.kn ledged docs hereby grant onto the City of Springfield, a municipal corporation, :acting by;:and-through its SPRINGFIELD uTtLiTY BOARD, and unto its successors and assigns', a. Perpetual, ease lent and right-of-way over a strip of land 15 feet in width in, under, over, upon a n8' across: .that certain tract of. land in Township l8 South. R 2 W Saari n 3 . County of Lupe, State of Oregon, Oregon, described in the instrument signed :Sept, ;0... ,A1 53_, oral recorded on0ec_2 , 19._53_, as No. 13876_, in Bock , on Page_ on Reel 959.= . lane ' County Oregon Deed Records. The route to be taken by said line or lines across said lands is to be continuant with and a part of the general route across other adjacent lands and is more particularly described as follow.: - That portion of the southerly and easterly 15',(feet) of Tax lot 300 on Lave tender Assessors :lap 18-02-03, lying adjacent to the following described line: J Beginning at the S/W cornero f the .7. Maynard D.L.C. #37 Township 18S, Range 2W of the W.M.; thence South 0 00'40" West 536.44'(feet); thence:Xorth 89024 130" West to the easterly line of the Jahn Smith D.L.C.-448;'-thence north an said line 398.08' - (feet) to the northeast corner of the-J.-Smith-D.L.C. 448; thence North 89058'10•' West I440.25'(feet) to a point in the "seats rly riptit-of-eay;.ine of the Weyerhaeuser - Timber Cpmpany Read: I/ Also, 1 35'(feet) wide easement far guying and anchoring as *wind. ? KdAAtr$cuA�tQ,}' O'fl described beginning as at the N/E corner of J. Smith D L.C.".$48; thence westerly 715' (feet); thence northerly 30'(feet); thence easterly 15'(feet)nbeice southerly 22✓5' (feet); thence easterly 22.5'(feet); thence southerly 15'(feet); thence westerly 3d' (feet); thence northerly 7.5'(feet) to the true point of begdaning. Also an easement for guying and anchoring as described: Beginning at the S/W Lechler of T.J. Maynard D.L.C. 437; thence northerly 30'(feet); thence westerly LS'(feat;)g thence southerly 15'(feet); thence 15'(feet). westerly; thence l5'(fe2t) southarlyw thence 30'(feet) easterly to the true -point 'of beginning, itc.8ection 3, Township 1.8;! South, Range 2 West W.M., all in Lane County, Oregon. - And to place, construct, operate,,. repair, maintain, relocate;.: and replace therein an electric transmission and/or distribution *lige,,, ylnclading polar, any wirer, and .15. nthar '- necessary facilities, to cut and trim .trees and shrubbery, to.-:remove and replace fences' and lawns to rhe extent necessary . to. rnne4ruct; mrintain, and:- protect said lines, and to trim and remove all dead, weak, leaning; or d.nger lis br...hesrmr ensure trees that are: high enough to strike wires in falling; to place b idgen, rands, and culverts as rtgnirad:' to construct and maintain said electric transmission and/or distribution lines. No part _ of any building or permanent structure will beplaced upon this: easement, other than as- _ phaltic pavements, curbs, sidewalks, and driveway aprons. ., SEE EXHIBIT IA A EXHIBIT B The undersigned covenants Lhat he is the or of the above described property and that such property is free and clear of encumbrances and liens of whatsoever character except: 3F TRANS OA �jT��R�PRISE/�� Lj0. r per; �,r..e/vw t February 3rd, 1991. r ExecuVve Vie Presi ent nate Data Province of BritishYColumbiaiR British Columbia rsasX,xxx ri � � BE IT REMEMBERED, That on this ad il�dny of February 19'81 ' W.o- avr, rfw wadn,agnrd, a Notary Public in and for avid aaw>rehtxxaxxYie, personally .,peered the wflhln !. named .. ...... proyane0 ... .... . Hurray Edward. HardistY _ .__ .... ... .... ... . _.. r known to me to hr the Id—o1q.; ,ni e'drill. dr,o6bed a. aM aho —..1.d eh, richt. r—lovem. and ackn.xkdaed a am rh., he f' e."'Yud d,a'.mr h"I'. led rnlanavO'. TjTENTIjIDNY, WHEREOF, I h.,, Gene... int my hand antl.ffized ce, f i<hd .rN tlr dry and Pier Imr above w'itera. A Comaissioner for taking Affidavits in ;Vi rny4 1pi-- r.:.:r;aa—.. 8109404 EXHIBIT LA It is understood that the amount to be paid to -the undersigned by the City does not include the value of the trees, if any, thatmaybe removedfrom the 14 .f t. wide Strip of right-of-way and/or from lands of the undersigned adjacent to the said strip. Trees shall be considered merchantable if, when felled, they will produce a lug 8-!f, feet in length and have -a diameter of six inches ac -the top. Me fd*"I g n&fii poral of merchantable trees removed during co "s G[uNYTvn of 'sad d kina e he be As full All merchantable creEb incfhding'dangeTh`tr'eas a"dgaceiYt ko tfie. rigFL-,I way 8`FaN�. he yarded to a mptually agreed site on Lhe"hbove d6serllied ptspar ey"by Che Gdty .:add aYa F to remain the property of'the undersigned ThE"faili'ng antl: disposal of mere W. table L, trees, as required. in the future, shali be untler'Che ma"rkef conditions whiA aka t current at the tLee of removal and as determined by mutual agreement between �fltd'yiitleY signed and the City. Unmerchantable [rebs, limb. 'and bruaFus8e11 be bussed b miFer '. wise disposed of by the City in such a ma,mer that no fire ihnzard -shall be "efeeate6 -thereby. ..IF.f �x s' T P. I NOR7F,i.. .,.EST O.B. .. y. .r„WSW Gr.C.. oaNar 33 59 9L aB 02 OS SMBBLEFIELD/TRANS •CANADG- ANNE%ATION uT, vExxox MAP FOR EASEMENT ® -15 POSEAIINE-EASEMENT (RNOPMSEO, ® 'IY)40-ANCHOR EAEEMENi 1n,MEE) —SON n IWI O STATR or OREGON, e. CmmtY of LM1,R .. .. . 12th oFebruary 1481 88 IT REMEMBERED That an t(u d yf d(y appeared the wilfun before am, the undt.? and a Rolart� Pu61 a t end tar edd Cau fY and SMI"pe+ named &1L41S L SNHDLE4IELD .._.............. _....._ z - _... ..... a known to ma to bq f{d }dell 8 'rid d - deacnbed d who c t d:dw withn +utnf3rerA aed ecknowleA$ed to me'eh?d``�.''t: 'pstr^� ewted' the creme --- s �- P;,Y 1T .: n, a Division of Chief Deputy Clerk 2001.0111t�44 Lane County Deeds and Records After recording retain to: Ill III IIjtpjl������������p�� Ill II III IpII111111 $46,00 Olson & Moms 00894766200700205440030048 380 Q Street, Suite 200 03/28/2007 08:13;01 AM Springfield, OR 97477 RPR-ESMT CM. -2 Stn.1 CASHIER 05 $5.00 $20.00 $10.00 $11.00 PRIVATE VARIABLE WIDTH ACCESS & UTILITY EASEMENT AND AGREEMENT THIS AGREEMENT made and entered into on Mar, -41 2�6• 2.007 , by and between Alberts Develo0menl, LLC , hereinafter called the frst party, and City of Springfield, a municipal 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 2ADDITION, as platted and recorded Ma rb1 29f 2007 Reception No. 2.007- 2052-1 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 comer of the T. Maynard D.L.C. No. 37; thence South 00005'42" West 75.00 feet; thence North 69°20'57" West 213.60 feet, thence North 00005'42" East 130.00 feet; thence North 46°38'59" 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 64°08'31", an arc distance of 50.38 feet; thence North 29005'42" East 108.51 feet, thence South 81122'27" 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: F:TROJECrSU286-Maamein9ate\W=,SP01iDENCE\Pha 3E\Esml.Sub.172.173.174.176.177.dm Page lof4 The Southerly 10.00 feet of Lots 172 and 173, and a portion of Lots 174,176 and 177 of MOUNfAINGATE 21'0 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 59°20'29" West 121.13 feet; thence North 72°24'48" West 160.30 feet to a point on the Easterly right-ofway 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, brush, 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 2"D 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 TROJECTS0286 - Mo.W.WWORRESPONDENCM.P 3BW,nu.S.b.172.173.174.176.177 d. Page2of4 NFT ALBERTS DEVE�PME W AW Todd M. Alberts, Member First Party STATE OF OREGON, County of Lane) ss This instrument was acknowledged before me on w.28i ZDO7 by Todd M. Alberts as member of Alberts Development LLC , as its voluntary acf and deed. p SPRINGFIELD UTILITY BOARD, an Oregon municipal corporation Notary Public for Oregon My commission expires: By: Name: G.s<.oit�s i9ar.eE.ey Title: Second Party STATE OF OREGON, County of Lane) as e This ids/vent was acknowledged before me on 2 �'"$ ��� by Springfield Utility Board. an Oregon municipal corporation , as its volun ary ac andJ eed. QRr FAI DL MI",,OMM1S p �u S/RO SNQ IE �ot ry Public for Ore, on commission expires: 460 FVROJEM'3286-Mcuntaingate\COR SPONDFNCE hwe 3B\Es .Sub.1]2.193.194.1]6.1]].d Page 3 oN lYA/3 I f�4" MOUNTAINGATE 2ND ADDITION 0=2921st' R=27510• AL=140.94' CH=0616'05T CL=139.40' 173 16178 SF Ii�Vir4829E 174 :Y-63.93' 12822 SF -f0.00' P1f 172 i 24566 SF 1 T. pp• CC=47.79' 'O tsJ�� w 109' 04..,_ .r.: '. -7, '12'E YS✓%" 176 176 \ 14184 SF 177 \ \ \ r 11283 SF NPROJECTSU286-Momtaingae\CORRESPONDENCEThe 3H\Fsmt.Sub.172.173.174.176.177.do. Page of4 AFTER RECORDING RETURN T6. Lane County Clerk CASCADE TITLE COMPANY Lane County Deeds and Records 2022-020363 el1� 1Mt�E>�EST,EUGENE.CR974Dt 111111111111IIIIIIIIIIIIil1111111111111111111111 $87.00 ll— 02020820202200203630010016 05105/2022 01:24:32 PM RPRSAT Cnt=1 PSs=1 Stn=9 CASHIER 30 CASCADE 55.00 511.00 $61.00 $10.00 TITLE CD. FULL RECONVEYANCE The undersigned Trustee under that certain Decd of Trust which is: Dated: OCTOBER 25, 2021 Grantor: DERRICK WESTOVER Beneficiary: BRUCE WIECHERT CUSTOM HOMES, INC. Recorded: OCTOBER 25, 2021 Reel: N/A Reception No.: 2021-067618, Lane County Oregon Official Records, having received from the Beneficiary under said Deed of Trust a written request to reconvey, reciting that the obligations secured by the Deed of Trust have been fully satisfied, does hereby convey, without warranty, to the person (s) entitled thereto all of the right, title and interest now held by said Trustee in and to the property covered by said Deed of Trust, and described as follows: See Deed of Trust referenced above for legal description. CASCADE TITLE COMPANY Debbie Forstrom, Authorized Signer State of Oregon} } ss. County of Lane} MAY 05, 2022 Personally appeared Debbie Forstrom, who being duly sworn, did say that she is the Authorized Signer of Cascade Title Company, a corporation, and that said instrument was signed on behalrof said corporation by authority of its Board of Directors; and she acknowledged said instrument to be its voluntary act and deed. Before me: y OFFICIAL STAMP ELLA GRACE O'OUINN NOTARY PUBLIC-0REOON Notary Public for Oregon COMMISSION NO. 1022516 MY COMMISSION MFIES MARCH IQ 2126 My commission expires 31101Z -(G RETURN TO: DERRICK WESTOVER 971 SOUTH 66T" PLACE SPRINGFIELD, OR 97478