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HomeMy WebLinkAboutDeed APPLICANT 5/19/2022Attachment 5 STATUTORY WARRANTY DEED D 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- ece 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. See Exhibit "A". P. O. Box 300 Springfield, Oregon 97477 V,,, -X Ralph tubblefield y TRANS ENTE_ RPRISES,/INC. By STATE OF OREGON ) as. °p 2412 au0Ul4 County of Lane ) E 3 pessorial•ly appeared before me on this / day of . , 1981, Ralph L. Stubblefield, and a'ck�p%ed • ti_he foregoing instrument to be his voluntary aet. and -deed. '• F 0V. 1�J' Notary Pu pzic for Oregon My Commi ion expires: �Or�, ?koVuute oF'814 O C" usdin T s9=A�a eg-e14fiRRIN ) as. Personally appeared bELfore me on this 1 day of �p,y�p 1981, . , who is theackn �l Kd, of cans Canada Ent rpr ises, Inc., .anter owledged the foregoing instrument on behalf of the corporation as,its voluntary act and deed.. �,.,,•, . ,i Notary P blrc for er r 'A Cd1tra yj My Commission gxg#eee.' CEIVed MAY 19 ZVZZ Original Submittal Z.- . 81244LOS 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 00005'42" West along the West line thereof, 75.00 feet distant; thence North 69020'57" West 213.60 feet distant; thence North 000 05142" 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" West; thence along the are 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 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 arc of a curve to the right having a radius of 360.00 feet, through a central angle of 32027111", 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 32047109" 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. g �a� qzfl a Wq all e'a m 7-A o a T M .a " s' y V A.4 U m y $ m F za B Ra m ui� iI W, �o wm tiLL _? _ a ° w0 aZ VQ 04 f m' i z$ ma o WFE� w F ' to or qW �QrQ ^�LLJ 'I 'z'a i ¢E �e�.+y� ops pN$ aiti gig Aa ams m Od d� a V]nry N1Fd Cn s C9rv�av38 asv9� ul ZL '^lZ 6Z M „26,50 ,O S _ 4 ;- oo'S51 • ov'9� m t� N; Q 4w N m d F N G< N 3'JNzb3i3b I \ 3'lt+9M4J3N W 3.n.sb.o ry ,rtl M-abta.o s , O Q � !w b1oAa 35dtl / 3 y, h Jo � ym s N JZ ¢^ 0 Q mN ddW6. N � � tmi8mn5 m. N -- - .62ry 0°`g0g �7 LL ,An 4 ' Evergreen ,djjr,-,3 Land Title Company Aft, recording retem to: INemB, Address, Min) Evegrean Land THIO Company 260 Country Club Road, Ste, 120, Eugene, OR 97401 Until r uftMd otherauk e, Sand all We smtemente to: City of Springfield, a Municipal Corporation 0 me State of Oregon acting by and through SPRINGFIELD UTILITY BOARD 223"A" Street, Springfield. OR 9]47] GRANTOR: 818 SJL. LLC 21059Avery Ln, Bend, OR 9]]02 GRANTEE: City of Springfield, a Municipal COrpoodon of Me State of Oregon acing by and through SPRINGFIELD UTILITY BOARD 223 "A" Street, Springfield, OR 97477 ORDER NO. 18-16946 TA%ACCOUNT NO. Lane County Clerk 2015-051267 Lane County Deeds 8 Records 11/02/2018 10:28:06 AM RPR-0EEn CM=1SN=9 CASHIER 06 4pages S20003110061DO0S61 as $102.00 1724473,1792892 1792959.1 792918, 1792900 1792926 17929341792942 MAP NO. 18-02-03-MOD100, 06000, 06100,06200, 6300, 6400, 06500, 06600 Space Above Reserved for Recander's Use STATUTORY WARRANTY DEED 818 SJL, LLC, an Oregon Limited Liability Company, Grantor, conveys and warrants to City of Springfield, a Municipal Corporation of the State of Oregon acting by and through SPRINGFIELD UTILITY BOARD, Grantee, the following described real property free of encumbrances, except as speahcaily Set forth herein, siWafed in Lane County, State of Oregon, to wit See Legal Description attached hereto as Exhibit `A" Subject ta and exception: Covenants, Conditions, Restrictions and Easements of record. BEFORE SIGNING OR ACCEPTING THIS IMMUMEM, THE PERSON TRANSFERRING FEE TIME SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER One 195.300, 19&301 AND 198.805 TO HA -336 AND SeGrONS 6 T011, CHAPTER 424 OREGON LAWS RW], SECTIONS 3 To 9 AND 17, CHAPTER 555, OREGON LTWS 2009, AND SKTN)N9 9 TO ], CHAPTER 8, OREGON IAW6 2110. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERrY DESCRIBED IN THIS INSTRUMENT IN WOUTION OF APPLICABLE LAND USE IAWB AND REGUTATIONS. BEFORE SIGNING ON ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PUNNING DEPARTMENT TO VERH YTHAT THE UNIT OF LAND BEING TRANSFERRED IS A UWFULLY ESTABLISHED LOT OR PARCEL, AS OERNEO IN One N.010 OR 21 S.01D, TO VERIFY THE APPROVED USES OF THE LOT OR PARCES TO DETERMINE ANY LIMITS ON ILWSUQ9 AGAINST FARMING OR FOREST PRACTICES, AS OERNED IN ORS =NO AND TO INQUIRE ABOUT THE MKS OF NEIGHBORING PROPERTY OWNERS, IF ANY. UNDER ORB 195.500, 195.301 AND 196.306 TO 196.338 AND SECTIONS 6 TO 11, CHAPTER 424, OREGON Um 2001, SECTIONS 2 TO 9 AND 17, CHAPTER N5, OREGON LAWS 2009, AND SECTIONS 2 TO T, CHAPTER 8, OREGON UWS 2010. The true and actual consideration for this Conveyance is $700,000.00. (Here, comply with the requirements of ORS 93.030.) Dated this November 02, 2018 818 SJL, LLC Ge r Me r State of Oregon County of Lane The foregoing instrument was acknowledged before Gmmi as Member of 816 SJL, LLG Acceptance of conveyance by apnngrano unrlp mora: File 1S -169t8 EVE Warranty Deed Page 1 once The conveyance set forth in this Bond conveying title or interest to the City of Springfield a Municipal Corporation of the State of Oregon, acting by and through the Springfield Utility Board is hereby approved and the Ilgd at interest conveyed therein is hereby accepted. SPRINGFIELD UTILITY BOARD By:ILI /A Jeff N eneral Manager FIN 1a -16W WE Waaanty wee rage 2 al4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: MAP 18-02-03-1040100 Beginning 9 the Brass Cap marking the Southwest comer of the T Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meritlian', am thence South 89' 11-45" East 381.00 feet; thence South 1.43' 43" West 32266 feet; thence South 86' 11'4F East 385.82 feel to a point on the boundary of EA$T AVEN SUBDIVISION, as platted and recorded in File 75, Slide 192, Lane County Oregon Plat Records; run thence along sold boundary South 1' 48' 15" West 212.20 feet; thence South 26" 39' 33" East 139.62 feet; thence South 1' 56' 38" West 135.43 feet; thence South 6. 22-13" West 64.T7 feet; thence South 2. 02'40' West 150. D7 feet; thence North 88' 11' 45' West 99.22 feet; thence South 14' 40' 05" West 115 77 feet; thence South 1' 43' 43" West 360.53 feel; thence South 68' 40' 48" East 100.41 feet; thence South 61' 4T 36" East 117,90 feet; thence South 57' 59' 24" East 144.93 feet; thence leaving said Plat boundary South 79' 42'24" East 30.13 feet; thence South 1"43' 43" West 982.36 feet; thence North 79' 44' 26" West 202,24 feet; thence South 30' 43'43" West 108.51 feet; 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" 00' 58" East 84.96 feet; thence South V 43'43" West 130.00 feet; thence South 67' 42' 56" East 213.60 feet; thence South 1.43' 43" Wast 462.56 feet; thence North 87" 44' 49" Wast 973.06 feet; thence North 22' 16'34" East 923.00 feet; thence North 30' 46' 57" West 92.67 feet; thence North 25' 19 10" West 96.02 feet; thence North 11' 10' 22" West 131.49 feet; thence North 73' 44'26" East 54.57 feet; thence South 32' 30' 48" East 121.36 feet; thence along the are of a 46.00 foot radius curve to the right, the long chord of which bears North 41" OT 32" East 13.55 feet; thence North 32' 30'48" West 226.16 het; thence North 70' 10' 22" East 99.84 feet thence North 47' 26' 51" West 44.47 feet; thence North 37' 15'32" East 109.21 feet; thence North 22' 44' 11" West 90.47 feet; thence North 50' 31' 66" West 154.11 feet; thence North 42' 50' 03" East 66.07 feet; thence North OF 52' 01" West 108.94 feet thence along the are of a 275.00 foot radius curve to the left, the chord of which bears South 45' 37' O6" West 31.51 feet; thence North 47' 39' 57" West 248.05 feet; thence North 37' 15' 32" East 342.39 feet; thence North 13' 17' 28" East 195,26 feet; thence North 41' 45' 21" East 174.09 feel, thence North 5- 58' 51" East 75.67 feet; thence North 46' 38 24" West 189.35 feet thence North 45' 3629" East 135.84 feet; thence along the are of a 225.00 foot radius curve to the fight, the long chord of which bears North 51' 10' 19" West 125.34 feet thence South 55' 29' 32" West 182.62 feet; thence North 41" 17' 19" West 417.51 feet; thence North OF 02' 20" West 151.40 feel; thence North 86' 14'3Y West 14892 feet; thence South 69' 43'24!' West 80,92 feet; thence South 7' 57 1 D' West 284.96 feet; thence South 80' D4'49" West 255.33 feel; thence North W 19' 06' East 72.16 feet thence North 87' 09'32" West 547.55 feel; thence North 17" 24'27" East 189.27 feet; thence North 56' 32' CO" East 176.59 feet; thence NOM 67" 42' 52" East 175.03 feet; thence North 64' 42'01" East 105.13 feet, thence North 71' 09 08" East 43.10 feet, thence South 3B' 44' 40" East 138.76 feet; thence South 67' 09' 44" East 78.73 feet thence South 66' 40' 54" East 235.61 feet; thence Noah 14' 04' 12" East 214.76 feet thence North 01' 36'01 " East 33.53 feet, thence North 84'18' 16" East 10171 feet thence North 01' 38' 01" East U3.63 feet; thence along the arc of a 20.00 foot radius curve to the right, the long chord of which bears North B6' 14' 53" East 24.49 feet thence South 559 59'27" East 10.48 feet; thence North 34' 09 33" East 60.00 feet; thence North 55' 59' 27" West 10.48 feet, thence along the am of a 20.00 bot radius curve to the right, the long chord of which bears Nath 18' 13'47- West 24.49 feet; thence along the arc of a 160.00 feet radius curve to the left, the long chord of which bears North 11' 39' 02" East 49.38 feet; thence South 86' D5' 48" East 105.85 feet thence South 1. 57' 15' West 110.92 feet; thence South 86' 07' 08" East 26.00 feet; thence North 1. 57' 15" East 110.00; thence South 86' 11' 43" East 113.02 feet thence South 88' 07' OB" East 302,54 feet; thence South 1. 57' 15" West 483.01 feet to the Place of Beginning; in Lane County, Oregon, Fib 18-16998 EVE Wamnry Deed! 1e9e 3014 PARCEL 1 CONTINUED: EXCEPTING THEREFROM, all that portion lying within the Boundary lines of MOUNTAINGATE 18T ADDITION, as platted and recorded April 3, 2006, Reception No. 2006-022556, Oficial Records of Lane County, Oregon. FURTHER EXCEPTING THEREFROM, all thatportion lying. with in the Boundary lines of MOUNTAINGATE 2NDADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Official Records of Lane County, Oregon, PARCEL 2: MAP 18-02-03-10-06000 Lot 172, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, OMclal Records of Lane County, Oregon. PARCEL 3: MAP 18-02-03-10-08100 Lot 173, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Official Records of Lane County, Oregon. PARCEL 4: MAP 18-02-0340-06200 Lot 174, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Oficial Records of Lane County, Oregon. PARCELS: MAP 18-02-03-10-06300 Lot 175, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Oficial Records of Lane County, Oregon PARCEL 6: MAP 18-02-03-10-06400 Lot 176, MOUNTAINGATE 2ND ADDITION, as platted and recorded Manch 28, 2007, Reception No. 2007-020521, Official Records of Lane County, Oregon. PARCEL 7: MAP 1842-03-10-06500 Lot 177, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Recep&on No. 2007-020521, Oficial Records of Lane County, Oregon. PARCELS: MAP 18-02-03-10-06800 Lot 178, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Official Records of Lane County, Oregon FI.I&IMM EVE M...ry. Ps, 4 N6 7E1 2— SUPPLEMENTAL STATUS OF RECORD TITLE REPORT THE SATRE GROUP Date: MAY 17, 2022 ATTN: HALEY CAMPBELL Our No: CT -0311290 375 :GEST 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: 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 -s terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which said taxes were assessed, additional taxes may be levied. 2. Utility Easement, including the terms and provisions thereof, Granted City of Springfield, a municips corporation, acting by and through its Springfield Utility Hoard, 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, 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. 2022-020363, 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. Date Received MAY 19 2012 Original MAIN OFFICE FLORENCE OFFICE VILLAGEAGE PL PLA 811 WILLAMETTE ST. 715 HWY 101 • FLORENCE, OREGON 97439 4750 VHLAGE 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 -M17 -FAX: (541)997-8246 PH: (541) 653-8622 ' FAX: (541)8441626 E-MAIL: A-FORCASCADETITLECOM E-MAIL. FLORENCE"ASCADETULECOM E-NLUL: IAL n �A@u AF ani F OM Order No. 0311290 Page 2 This report is to be utilized for information only. This report is not to he used as a basis for trans -erring, encumbering or foreclosing the feel property described. The liability of Cascade T-tle Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: kb/rh: Title Officer: KURT HEA -Y Order No. 0311290 Page 3 PROPERTY DESCRIPTION A parcel of lane 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 _set 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° 08' 31", an are 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 feet to the point of beginning, in Lane County, Oregon. CASCADE TITLE CO. LOT 2 3401 MAP NO. 18-02-03-00 �2L131 0" ` 'I I STItEt I •ti 18020314 177A qSW COR. 1 IT MAYNARD D.L.C. 37 SEE I II - X019 -01 tTHMlSMAP/PLATISBEVW ARPI v4 c S-zs134 NISHED 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. HJ 4i N3P15'32' 1082Y NTW114 ' NQ`M'S1"W W114 H4T N 7WU ^ 30'Iff W sa.sr --. 229 I9' N 1.10' '3136' H- LU' s� C NitT 3 . j}�a LOT 2 3401 MAP NO. 18-02-03-00 �2L131 0" ` 'I I STItEt I •ti 18020314 177A qSW COR. 1 IT MAYNARD D.L.C. 37 SEE I II - X019 -01 tTHMlSMAP/PLATISBEVW ARPI v4 c S-zs134 NISHED 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 - U109404DTI' I \;E TENT Trans Canada Enterprises LTD S \'' IrNDW ALL. MF.N By THESE PRESENTS, the, the I ids h+l 'ued, ROI h A. Stubhlc i3e1 tel other nand and vata hle'considers- tionn. the receipt whereof 1 lereby acknowledged use:, hereby grant unto the City of Springfield, a municipal corporation, acting by nod -through its SPRINGFIELD UTILITY BOARD, and unto its successors and assigns', a:perpetual reaae.ent and right-of-way overa strip of land 15 Eset in width in, under, over, upon and across: .that certain tract of land Located in Tenahin 18 South. Russ, 2 Next, Suet ivn.3 , County of Lane, State of Oregon, described I. the instrument signed Sent• lo,_ _, t953_, and recorded on get_2 , 19 U_, or No. 13876_, In Book an Yage oa Reel 959_. . Lane 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 serene other adjacent lands and is moreparticularly- described as follows: _ That portion of the southerly and easterly 15'.(feet) of Tax l:ot 300 on Lane Cvi"Ey� Assessors Map 18-02-03, lying adjacent to the following desesl'bed line: J Beginning at the S/W corner of the T.Jl Maynard D.L.C. 837 Township SBS, Range 2W of the W.M.; thence South 0000'40" West'- 536.44'(feet); thence::North 89024'30" West to the easterly line of the John Smith '-D4L.C:'848;"thence numb on said If.. 398.08' (feet) to the northeast corner of -the -3': Smith D.L.C. 848; :thence North 89058'10" West 1440.251(feet) to a point in the :easterly riQkt-of-wa,: ce of the Weyerhaeuser Timber Company Road: Also, 1. 151 (feet) wide easement for guying and anchoring as>aedEd. J described as beginning at the N/E corner of J. Smith D.L.C.,148; thence westerly .7.51 (feet); thence northerly 30'(feet); thence easterly 15'(feet):; thence southerly 22:5' (feet); thence easterly 22.5'(eaet); thence southerly 15'(feet); thence westerly 30', (feet); thence northerly 7.5'(feet) to the true point of beginning. _ Al.. an easement for guying and ancharing as described: Begdaning at the S/W corm, of T.J. Haynard D,L.C. 837; thence northerly 30'(feet); thence westerly 15'(Eeet:), _ thence southerly 151 if set); thence 151 if set) westerly; thence'15'(feet) sontkerly; thence 30' (fast) easterly to the true .let of beginning, ia�Bastian 3, Township 18 South, Ranee 2 West id.M., all in Lane County, Oregon. And to since, construct, nperate,. repair, maintain, relocate„and replace therein an electric trensmisslon and/or distribution line,,. Including poles, guywirer,son all other'- eeesaary facilities, to cut and trim -trees andshrubbery, to -:remove and replace feristai and lawns to the extent necessary .to. .n.tmu t, meintein, sndxprotect said lanes, and to trim nod remove all dead, weak, leaning, or dnngemus brenehrrwr entire trees that Are: high enough to strike wires in failing; to place Bridges, roads, and culverts as required'''... to .... truct and maintain said electric' trm.emission 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. BEE EXHIBIT iA S EXHIBIT B The undersigned covenants that he is the owner of the above described property and that such property is free and clear of encumbrances and liens of whatsoever character except: ,i TRANS G I� - per: r _ February 3rd, 7983 Executj ve Vi a Presint Date •.a f Date Province of British Cal mblCaC British Columbia � +� HE IT REMEMBERED. Thet in;, 3rd '�'I'day of February 1981 , F �! hefory me the urdermgwd. a Notary Public 'n and formixf 6dax6%X&Paai”. pem.natly appeared the within named .. ..._.. 1. rhrray Edward. Hardisty .......... ._._ roy ace r Anown m me r. b, rhe Ae"nv.; in .'idiV:il. de-Iibed ;r oM nim r nus,d tM ukhin msnvmenr aM ackrwx, edoed to me day he 4,yud to, same 1 erf>' roi vones.,ol, q dry.`-• liWJTeST',1.OVV WHEREOF. I I.=e haemo ler my hand and aNixM '' %' as, offidel .ren[ rb day and fens Ivr aamr wrieten. A Cmmnissioner for taking Affidavit; in kc, ,apt) rp`�J�`-:iA./M-•-�.—.:,.+-•afr-na;r.:.� .. .. .. , + 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 my, that may be removed from the 15 t, vide strip of right-of-way and/or from lands of the undersigned adjacent to the said strip. Trees shell be can. idered.merchsntabla if, when failed, they vi11 produce a ltig ,g-df feet in length and have a diameter of s1z inches at the top, The falling a,o,`BipBsal r a f merchan tattle trace remov.d during Cogs true£tud of Bald .lice ehall ba as fgllows,, ' All merchantable tvaes ittcIhding"denge"'y+ reeldodedt £m ,tCie aiglit�s� vaq 4451.1. be yarded to a mutually agreed site on Ehe above diifc, ,fed pTuparty, by the City add srd4 E to remain the property of ithe undersigbeg The"fa$Yfng ani disposal of maL,thBi{ta4b7,e trees, as required, in the future, shall be under' the '-thiket conditions 'vhichia e current at the time of removal and as determined 'by- mutual .agreement betveeVfi*{he kY d, signed and the City. Unmerchantable ttdbs, limba.abd brush*shell be b reed b8 abharp vise disposed of by the City in Both a mamer that no fire,hamrd-sbell- -b4.ciealed-.: thereby. ��,,��..�s,,tt�a STATE OF OREGON, 1I 81094VK � County of LAN,P....... _............. ))1 12th day .February 1483 BRIT REMEMBERED, That on Nus ad tha inNun beforo ma fh urMervppn d a N twY P b! c n erN fa d Comfy and Sfnte.pe+so dty aP..... 1 named BALPSL SN86LEyIEL➢ t ..... -, �... .. _.... ... ..._.. �.-. b fy� known [o mo to bp'tR�1 dedtfca{'B�'nd d deehed end who e.—dadwthe wdhm m'mermmYd end eaknowtadged toj-dye' ^-rec"ted-ehe aeme frealY.and of nfarily ,.", TESTIMONY WHEREOF I h dH a h.W.fo set mY hend and zed L^ [a mY ott at 'and Yeo 1 t above wnf(en 7 "nS " y�J e G `e g a a ..: G U B�➢ � � U t PRIVATE VARIABLE WIDTH ACCESS & UTILITY EASEMENT AND AGREEMENT THIS AGREEMENT made and entered into on Marc4l 2$. 2007 , by and between Alberts Development. LLC , hereinafter called the first party, and City of Springfield, a municipa comorationacting 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 21D ADDITION, as platted and recorded MerL6. 281 2007 Reception No. 2007- zoszt 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 00°05'42" West 75.00 feet; thence North 69020'57" West 213.60 feet; thence North 00005142" 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 46°38'59" West; thence along the are of said curve to the left having a radius o£45.00 feet, through a central angle of 64°08'31", an arc distance of 5 0.3 8 feet; thence North 29005'42" East 10 8.5 1 feet; thence South 81022'27" 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.TROJECTS0286-MowtainpW\CORRESPONDENCEThase3BE=t.Sub.172.173.174.176.177doc Pege 144 Division of Chief Deputy Clerk MAA Lanef County Deeds and Records U 7 OLVliwtl After return to: II III I 46.00 Olso380 00894765200700205440030048 n Street,rio r oo 03128/2007 08:13:01 AM Springfield, OR 97477 RPR—ESMT Cnt=2 Stn=1 CASHIER 05 $5.00 $20.00 $10.00 $11.00 PRIVATE VARIABLE WIDTH ACCESS & UTILITY EASEMENT AND AGREEMENT THIS AGREEMENT made and entered into on Marc4l 2$. 2007 , by and between Alberts Development. LLC , hereinafter called the first party, and City of Springfield, a municipa comorationacting 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 21D ADDITION, as platted and recorded MerL6. 281 2007 Reception No. 2007- zoszt 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 00°05'42" West 75.00 feet; thence North 69020'57" West 213.60 feet; thence North 00005142" 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 46°38'59" West; thence along the are of said curve to the left having a radius o£45.00 feet, through a central angle of 64°08'31", an arc distance of 5 0.3 8 feet; thence North 29005'42" East 10 8.5 1 feet; thence South 81022'27" 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.TROJECTS0286-MowtainpW\CORRESPONDENCEThase3BE=t.Sub.172.173.174.176.177doc Pege 144 The Southerly 10.00 feet of Lots 172 and 173, and a portion of Lots 174, 176 and 177 of MOUNTAINGATE 2ND 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 45°05' 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 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, 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 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 MOUNTAINGATE 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. P?PROJECT W96 -Moms ivga \WIRESPONDENCE h.e 3MEsmtSu .172.173.174.176.177 doc Pege2 of4 ALBERTS DEvE7F Todd M. Alberts, Member First Party STATE OF OREGON, County of Lane) as This instrument was acknowledged before me on i 28 2007 by Todd M. Alberts as member of Alberts Development, LLC , as its voluntary a and deed. ate; OFFlCIAL SEAL U$h.'�"3�ON NOL1gY PUBLIC-0REGON h9YCOMMI SION�IWIRSSIOES NOV.950,2909 SPRINGFIELD UTILITY BOARD, an Oregon municipal corporation Notary Public for Oregon—% My commission expires: '1/5o�/42 >g� By: e- � Name: GitaA/dH.c''S Aar.eE_.ry Title: c7i Ville... Second Party STATE OF OREGON, County of Lane) ss This inshdent was acknowledged before me on �' Z.007 by A�ior�es r ere _ as Springfield Utility Board, an Oregon municipal corporation , as its volun a and eed. OFAC M✓COAfipg �� f EXG Iva 0.OV� G �,yNot• ry Public for Oregon / commission expires: ^t' F:1PRO1FM1 3286-MountaingateVCORRESPONDENCEtPhase3BT,.ISab.192.1933.1]4.176.191.doc Page 3 of EXHIBIT "A" MOUNTA1NGATE 2ND ADDITION N K4✓ W W&M FRMW E495W d=292i'S2' MR iii 67/971.OF R=27509' r L97S i7$ 17,E 174, 176 AR9 177 At=149.94' / AVWX CH=AM 605 ' PS CC=139.49' 173 f 16178 SF a� 24566 SF . 4 ` 4=6471877' 64V899' 1 CL=47.79' A-173319' 70.m• 4 R--27500• �o'•:. ase•:.:_- atria: Cx=xrr482s� 174 CLa8393' 12822 Sr 1090'131£ q t........09'-_ \ 178 \ \ . 14184 SF 's \ \ h 177 1128J 5f FTROME S�286-Mounleingae\CORRESPONDENCENbnc3B\Esmi.Sub.1n.V3.1]4.U6.PP/.kc Page 4 of4 AFTER RECORDING RETURN TO. Lane County Clerk CASCADE TITLE COMPANY Lane County Deeds and Records 2022-020363 SIIihOLAMEITESLEnGENE OR 97401 1111111111111 11111111111111111111 $87.00 7 fr-A 02D20820202200203630010016 05/05/2022 01:24:32 PM RPR SAT Cnt=1 Pgs=1 Stn=9 CASHIER 30 CE$5.00 $11.99 $61.00 $10.00 FULL RECONVEYANCE The undersigned Trustee under that certain Deed 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 "Crust 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) ) as. 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 behalf of said corporation by authority of its Board of Directors; and she acknowledged said instrument to be its voluntary act and deed. Before me: OFFICIAL STAMP CiiliL� ©`O ELLA GRACE O'OUINN NO NOTARYSEOON Notary Public for Oregon COMMISSIONION NO. NO. 1023518 ' MY COMMISSIDN WIRES MARCH It 2016 My commission expires 3 to Z --(e RETURN TO: DERRICK WESTOVER 971 SOUTH 6fi°'PLACE SPRINGFIELD, OR 97478