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HomeMy WebLinkAboutDeed APPLICANT 5/19/2022Attachment 5 STATUTORY WARRANTY DEED D 1 1,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- gtoCce incorporated herein as though fully set forth, to have and 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. 0. Box 300 ) Springfield, Oregon 97477 Ralph Stubblefield TRANS ANAD ENTERPRISES, INC. BY Vie. STATE OF OREGON ) as. County.. of Lane personally appeared before me on this day of 1981, Ralph L. Stubblefield, and at?kpLG edg d"the foregoing instrument to be his voluntary act and deed. ��17 Inc /' / B � M '"Qt289i ttaia•5;: _, Notary Pu is for Oregon My Commi ion expires: //pry„ /el/ppX PROVINCE of 'AtjjW# C99MI46/0 ) ss. Personally appeared b fore me on this day of JauAu 1981, MuPJaM U6)iVCL thud iM , who is the \)!,rtg of Trans Canada Enttfrprises, Inc.r,and acknowledged the foregoing instrument on behalf of the corporation as,its voluntary act and deed. -' °°-. Notary Public for 9x9-1 "\�a$ a ;y•. " My Commission olipixeee j 81244108 8= SPRING FOREST LEGAL11 S RIPTION 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 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 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 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 32032153" 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 arc 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 arc distance of 203.60 feet to the terminus of said centerline. w9s � U E VA 0% a3w N; ap3 Fhp RFs n oar Na0 w� FJFP ?039 ) N w 0 I 0 � F— IL N h y O U ptl Wy LLi l IL ]N w ' ¢p 0� ee N V wow m w ¢ HN bl - zQ Iw ?Q _jJ N I J hp rcEm w _W ..¢ Ulph G Lo w N o w<ON n 2 Npt Z r n Ul s ZL '7Z6Z i rc W L1a MN ,NN g tiFhhhv u b rer�W� O�jQr� QWti jhN I � 3hoVg m_ C9rvl nv3@ asvg) M ,26.S0 e0 S m aronaasae � `� 036Od atld �'l 31oa � Nm d Q N i W .ilN PN nmVm'ulcer 2 � Q, p a,z YYw K N.1 Q 4'G Ims >m EFh ¢ ^m pm V]dn V) d q A also Evergreen AIS Title Company After recording realm to: (Name, Address, zip) Evergreen Land! True Compary 250 Counlly Club Road, Ste. 120, Eugene, OR 97401 Until requasbd otherwise, send all Sex statements te: COY of Springned, a Murgctpal Comomfion Of no Stale of Oregon acting by and through SPRINGFIELD UTILITY BOARD Us "A" Street. Springfield, OR 97477 GRANTOR: 818 SJL, LLC 21059Avmy Ln, Bend, OR 97702 Lana County Clerk 201$_051267 Lane County Deeds & Records 11102/2018 10 28 06AM SEEDEEDDrEl eft=acasHIFE W 4peges s2o0o$11.00510.0055100 $102.00 GRANTEE: City of Springfi id, a Municipal Corporation, of the Slate of Oregon acting by and through SPRINGFIELD UTILITY BOARD Us "A' Street, Spmgfeld, OR 97477 ORDER NO. 18-16948 TAX ACCOUNT NO. 1724473,1792892,1792959,1 792918. 1792900 1792926 17929341792942 MAP NO. 1"2-M-10-00100, 06000, 06100,06200, 6300, 6400, 06500, 06600 Space Above Reserved for RELordar5 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 folklwing descrbed real property free of encumbrances, except as specifically set Mirth herein, situated in Lane County, State of Oregon to wit: See Legal Description attached hereto as Exhibit "A" Subject N and excepting: Covenants, Conditions, Restrictions and Easements of record. BEFORE SIBNING OR ACCEPTING THIS INSTRUMEM, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S MONTE. IF ANY, UNDER ORS 196.300, 196.301 AND 195,305 TO 11IRMS AND SECTIONS 5 TO 11, CHAPTER Iy, OREGON LAWS ZWT. SECTIONS 2 TO 9 AND 17. CHAPTER 856. OREGON LAWS 2009, AND SECTIONS 2 TO 2, CHAPTER 8, OREGON LAWS 2010. THE INSTRUMENT DOES NOT ALLOW WE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN wOUTION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PUNNING DEPART.E To WRIFY THAT THE UNIT OF LAND BUNG TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, To VERFT THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINSTFARMING OR FOREST PRACTICES, AS OERNED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 196,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2002, SECTIONS 2 To 9 AND 17, CHAPTER 055, OREGON UM 2009, AND SECTIONS 2 TO T. CHAPTER S, OREGON LAWS 2010. The true and actual conside2tion for this conveyance is $700,000.00. (Here, comply with the requirements of ORS 93.030.) Dated this November 02, 2018 81 B S JL, LLC Lam' Ga Member State of Oregon County of Lane The foregoing Instrument was acknowledged before I Gram2ow, as Member of 816 SJL, LLC Acceptance of conveyance by Springfield Ui DOOPU File 1.16995 Panic 1 oro EVE Wenenty Deed The conveyance set forth in this Deed conveying tide or Interest to the City of Springfield a Municipal Corporation of the State of Oregon, acting by and through the Springfield Utility Brad Is hereby approved and the title ra interest conveyed therein is hereby accepted SPRINGFIELD UU/TILITY BOARD By:r Date: Z Iffi Jeff Ne n, GG^^eneral Manager Flb 1&16916 EVE 0w.ra, Deed 1e1e2af9 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: MAP 1842-03-1040100 Beginning at 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 Meridian; run thence South 89" 11'46' East 381.01) feet; thence South 1"43' 43" West 322.66 feet: thence South 86" 11' 45" East 385.82 feet to 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 1.46' 15" West 212,20 feet; thence South 26" 39' 33" East 139.62 feet; thence South 1° 56' 38" Wes1135A3 feet, thence South 6" 22,1S, West 64.77 feel; thence South 2° OT 43" West 150.07 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 feet; thence South 68- 40' 48" East 100.41 feet; thence South 61" 4T 36' East 117BO 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" Mat 9B2.36 feet thence North 79" 44'26' West 202.24 feet; thence South 30° 43' 43" West 108.51 feet, thence along the am of a 45.00 roar 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 1"43' 43" West 130.00 feet; thence South 67" 4Y 56" East 213.60 fast; thence South 1"43' 43" West 462.56 feet; thence North 87- 44'49- 7°44'49' West 973.06 feet; thence North 22° 16 34" East 923.00 feet; thence North 300 46' 57' West 92.67 feel; thence North 25" 19' 10" West 98.02 feet thence North IV 10' 22" West 131.49 feel: thence North 73° 44' 26" East 54.57 feet; thence South 32° 30' 48" East 121.36 feet, thence along the am of a 46.00 toot radius curve to the night, the long chord of which bears North 41. OT 32" East 13.55 feet thence North 32" 30' 48" West 226.16 feet 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 feel: thence North 22° 44' 11" West 90.47 feet thence North 51)" 31' 56" West 154.11 feet; thence North 42. 50' 03" East 66.07 feet; thence North 38" 52' 01" West 108.94 feet; thence along the arc of a 276.00 toot radius curve to the left, the chord of which bears South 45" 37' W" West 31.51 feet thence North 47" 39 5T' West 248.05 feet; thence North 37" 15' 32" East 342 39 fast thence North 13. 17' 28" East 195.36 feet; thence North 41° 45' 21" East 174.09 feet; thence North 5" 58'51" East 75 67 feet; thence North 46" 38'24" West 189 35 feet: thence North 45° 36'29" East 135.64 feet; thence along the arc of a 225.00 foot radius curve to the right the long chard 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 56° 02' 20" West 151.40 feet; thence North 86- 14' 33" West 148.92 feet; thence South 69. 43' 24" West 80.92 feet; thence South 77° ST 19' West 284.96 feet; thence South 80" 04'49" West 255.33 feet; thence North 3° 19' o8" East 72.16 feet thence North 87" 09' 32" West 547.55 het thence North 17° 24'27" East 189.27 feet; thence North %I 37 00" East 176.59 feet; thence North 67" 42' 52" East 175.03 feet; theme North 64" 42' 01" East 105.13 feet; thence North 71 ° 09' 08" East 43.10 feet; thence South 38" 44' 40 East 138.76 feet; thence South 67" 09' 44" East 78.73 feet; thence South B6" 40' 54" East 235.61 feet thence North 14" 04' 12" East 214.76 feet; thence North 01° 38' 01" East 33.53 feet: thence North 84"19 16" East 101.71 feel; thence North 01"38' 01" East 223.63 feet; thence along the arc of a 20.00 fool radius curve to the night, the long chord of which bears North 86" 14' 53" East 24 49 Feet; thence South 55° 59' 27' East 10.48 feet thence North 34.00' 33" East 60.00 feet, thence North 56" 59' 2T' West 10.48 het, thence along the arc of a 20.00 foot radius curve to the night, the long chord of which bears North 18" 13'47" West 24.49 feet; thence along the arc of a 180.00 foot radius curve 0 the left, the long chord of which bears North 11"39' 02" East 49.38 feet; thence South 86" 05' 48" East 105.66 feet; thence South 1`57' 15" West 110.92 feet; thence South 88° 07' 1)8" East 26.00 feet, thence North 1"57' 15" East 110.00; thence South SIT 11' 43" East 113.02 feet thence South 88° 07' OB" East 302.54 feet, thence South 1" 5T 15" West 483.01 feet I. the Place of Beginning; in Lane County, Oregon. Filet&19908 EVE Wananty Deco Page s of 4 PARCEL 1 CONTINUED: EXCEPTING THEREFROM, all that potion lying within he Boundary lines of MOUNTAINGATE IST ADDITION, as platted and recorded April 3, 2006, Reception Na. 2006-022553, Oficial Records of Lane County, Oregon. FURTHER EXCEPTING THEREFROM, .II that portion lying with in the Boundary lines of MOUNTAINGATE 21NDADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Oficial 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. 20074)20521, Official Records of Lane County, Oregon. PARCEL 3: MAP 18-02413-1046100 Lot 173, MOUNTAI NGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 2007-020521, Official Records of Lane County Oregon. PARCEL 4: MAP 18-02-0310-06200 Lot 174, MOUNTAINGATE 2ND ADDITION, as pla0ed and recorded March 28, 2007, Reception No. 2007-020521, Official 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 184243-10.06400 Lot 176, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 20D7-020521, Official Records of Lane County, Oregon, PARCEL 7: MAP 18-02-0340-06500 Lot 177, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No. 20D7-020521, Official Records of Lane County, Oregon. PARCEL 8: MAP 18-02-0340-06600. Lot 178, MOUNTAINGATE 2ND ADDITION, as pla0ed and recorded March 28, 2007, Reception No. 2007-020521, Oficial Records of Lane County, Oregon File 18-19946 WENhmnry Diu. Page 4 of T. TITLE GCL 2a° SUPPLEMENTAL STATUS OF RECORD TITLE REPORT THE SATRE GROUP Date: MAY 11, 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 following described red- property: ( A T T A C H E D) and as of: MAY 12, 2022 at 8:00 A.M., we find the following: Vestce: 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. I£ the exempt status is terminated under the statute prior to the date or 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 municipal corporation, acting by and throuch its Springfield Utility Board, by instrument recorded March 3, 198-, Reception. No. 1981-009404, Lane County Cf£ici al Records. 3. Private Variable Width Access & Utility Easement and Maintenance Agreement, inc_uding the terms and provisions thereof, recorded March 28, 2007, Reception No. 2C07-020544, 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, 4302, Code 19-01, 2021-2022, in the amount of $0.00, EXEMPT. MAIN OFFICE FLOUNCE OFMCE VILLAGE PLAZA OFFICE. 811 W LAMESTL ST. 715 HWY 101 ' FLORENCE, OREGON 97439 4750 VMLAGE PLAZA LOOP SHIFT 100 EUGENE., OREGON 97401 MAILING: PO BOX 508' FLORENCE, OREGON 97439 EUGENE, OREGON 97401 PH: (541) 687-2233' FA o (541)485-0309 PH: (541) 997-8417' FAX: (541)997-8246 PH: (541)653 -8622 -FAX: (541) 8441626 E-MAIL: IVFOQCASC DETRIF COM E-MAIL FLORENCE(a1CASCADFTHT COM E -MAH.: VIII. AGEPTAZAWASCADENILE COM 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 foreclos-ng the real property described. The 1''ability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: Ido/ria: Titie Officer: KURT BEATY Order No. 0311290 Page 3 PROPERTY DESCRIPTION A parcel of land in the Northeast quarter of Section 3, ^_ownship 18 South, Range 2 West, Willamette Meridian, in Lane County, Oregon, described as follows: Beginning at the 1977 Lane Countv brass cap monument marking the South -Southwest corner of said Donation Land Claim No. 37; thence South 00° 05' 62" West 75.00 feet distant; thence North 69° 20' S7' West 213.60 feet distant; thence North 00° 05' 42" EasL 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 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 sa-d West line, 300.00 feet to the point of beginning, in Lane County, Oregon. T CASCADE TITLE CO. MAP NO. 18-02-03-00 S_2s13a THIS MAP/PLAT IS BEINFURNISHED 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. 18020310 d SiREE7 N 3Tt532' - g8� daa21 N] Bim N.§353'bY' Y.i�L'Fi _ N731M;- 3914r W �.' nnnnnn I -COG 5k:3T'. - 226.16' _ 019-0 SEE 18�A- me -' ' LC 4P5T38` c JE APS w '' 18020314 J 1 ac3 302 ci 1 77 AC SW GOR. G TJ_ MAYNARD 0 D.L.G. 37 0. LOT 2 34.01 019-01 APP 114 C S_2s13a THIS MAP/PLAT IS BEINFURNISHED 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 5 81094.04 UT716Y f, MENI \` Trans Canada Enterprises UM 6 � -Y.NOA ALL MEN Ir! THESE PRESENTS, that the U dersi ued, iia b A. Stubblefield .< fa -1 other good and valuable 'eonsiders- t'nn, tLe receipt whereof is herebyaOln wledged doe. hereby grant unto the City of Springfield, a municipal corporation, acting byCand through its SPRINGFIELD UTILITY BOARD, and unto ita auccessors and assigns, a perpet 601 so as lent and righ c -of -way over a strip of land LS feet in width in, under, over. -upon and'ac rosy: .What certain tract of :land Located in 19-�-ljnil 19 South. Rells, 2 West. SagtJ n 3 _. County of Loney Stake of Oregon, described in the instrument signed •Sent• 1D.. _, 1953 , adrecorded --got. 2. 1'1,_,5, 06 No, 13876 , in Book ov Yage_ on Reel 954..: -, 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 across other adjacent lands and is more-particuillkly described as follows: That portion of the southerly and easterly 15' (feet) of Tax. lat 300 on Lane Couldty Assessors Map 18-02-03, lying adjacent to the following desscr bed line: .. J Beginning at the S/W corner of the T. JL. Maynard D.L.C. fl37 Township LRS, Range 2W Of the W.M.; thence South 0000140" West 536.44'(feet); thence:Aorth 89024'30" West to the easterly line of the Sohn Smith 6'.EiC 148; thence nnrth on said line 398.08' (feet) to the northeast corner of the J. Smith D.L.C, d48; chance North 89058'10" West 1440.251(feet) to a point in theteasterly right-of-way..:line of the Weyerhaeuser Timber Company Road: Also, 1. 15' (feet) wide easement for guying and anchoring as,`S¢ed5d. a, M3feilp}�eua�tQ.,}f(j;Ql(1' I/ described as beginning at the VIE corner of J. Smith D.L.C.448; thence westerly -7.5' (feet); thence northerly 30'(feet); thence easterly 15'(feet-)_; thence southerly 22.5' (feet); thence easterly 22.51(feet); thence southerly 15'(feet); thence westerly 30[ - (feet); thence northerly 7.51 (fast) to the true point of beginning. J. Also an easement for guying and anchoring as described: Beginning at the S/W comae of T.J. Maynard D.L.C. fl37; thence northerly 30v (feet); thence westerly thence southerly 151 (feet); thence 15'(feet). westerly; theno2351(feet) southerly, thence 30'(feet) easterly to the true "Point 'of beginning, izi_4ection 3, Tconibiy 18 South, Ranye 2 West W.M., all in Lane County, Oregon. And to nlace, construct, operate,repait, maintain, relocate,.::.and replace therein 'an electric transmission and/or distribution line,,.. Including pages• guy wires and al} other:> necessary facilities, to cut and trim'trees and shrubherv, eacsemove and replace fences and lawas to rhe extent necessary . toconstractp maintain, nnd�protect said lines,.and. to - trim and remove all dead, weak, leanings or dlegarops branches -.or entire trees that are high enough to strike wires in falling; -to place bridges, reads, and ealverta as requited' to c netruct and maintain said electric • transmission and/'or dd'stribation 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 1A 6 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: 4i TRANS C... AOA Fj RT{ PRISES` LID: /. February 3rd, 1991 •� Per: cut)ve Vi a poi/ Executive Vi a Presi nt ' Dace f .. Date Province of British Columbia British Columbia 1 ra :il RE IT REMEMBERED Thal rt fha 3Yd dny of February 1981 ' before all. dm underegned, a At.,., Public in and for nmd IXaaNgdN{ikEBilXii. p,nOavlly appuattd If, wifbin nametl-...___ Province ! (furray Edward. Hardisty .... _. .......... ... ... __ ... r known to me m Fn fhe idende, I ',"s'31-1 of-crilad in and who o -aOf r4. uidd.. inOmasanr aid I sclam lederd to noa tf r he l4eryled the lmne, I rrfy and rahmtvuy F`$l�YR7rIAIDAry. WREREOF, 7 hl. -e in -.a, set my hand and afOred • YY my'. official and 17, - dny and 3'e.ar /am mean, w,ila l- gf U 7UQL1G i /A Comnissioner for taking Affidavit; in 'I ` . 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, that may be removed. from the 15 fr. vide strip of right -o£ -say aadlor from lands of the undersigned adjacent to the said str Trees shall be considere,d.merchaatable, if, when failed, they sill produce a lo$ feet in length and have a diameter of six ;mchee drthe top. M. falidng;apd &-9-0 of merchantable trees removed during cdastruerith of 'said line sipl5 be as felisryba' _ Ail Marc hentahle tis as inc udinW-(tabgeditseea adJaedr\C to t1fe.-tigbt f vay A211 lie yarded to a mutually agreed site on the<aadva"desdriUed `pYoyerey'b)the City' snd,e to remain the property of the undersigned. TfiLf4slang and. disposal of mezdi`ieg2ab3 trees, as requlradan the future, shall be vrider'the WAilet-conditi ns which %4e' f. current at the time of removal and as determined bymutualagreement between,°`tli4 un signed and the City.-Uamercbantable Crabs, limbsand brush shell be burned 6Y bEha wise disposed ofbythe City in such a masuer that no fire-thszerdi .shall be.ereatad thereby. I IJ n ij I t]Ow�.}6MEM STATS OF OREGON,- ..wAa,f ,,aa ax County et LAN.II.._... .. .... .. .....1 BE IT REMEMBERED That on thea. 12th clay at Pebmary _J981 t d St ally aPPeared the wdhfm before the. undera$^ed Notary Public and SNH6LtiFIELD for d CwntY pe+ n named Len L _ ...: S 4n '•. d occomudilhe wtthn blefrumeit and r known to ma to 6p'th2ldettftca('tt'Yed at deecribuf I. who acknowledgeA to meYIneelynd yehmim KtTESTIMONY WHEREOF, I"Rave Accurate cot my hand anddfhzed- S Y aft d+ yasr I t abovewntten e T/Y��-. �-.. ...,' MV Comore n fir' 5 3v hit b`! Grti ^. p Division of Chief Deputy Clerk 2QV��VL�J71^A Lane County Deeds and Records ` V 11 After recording return to: III III III!IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII $46.00 Olson & Moms 00894766200700205440030048 380 Q street, Suite 200 03128/200106:13:01 RM Springfield, OR 97477 RPR—ESMT Cnte2 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 March ZB. 2007 by and between Alberts Development LLC , hereinafter called the fust party, and City of Spn a municipal corporationacting by and through the Sprinpfeld 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, as platted and recorded March 2.f31 2007 Reception No. 2.007- 2057-1 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 corner 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 00°05'42" 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 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 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, TIIEREFORE, 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 casement 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: F9PROlEMSl3286- MoantaingateNCORRESPONDENCF�me 361Ean1S&.172.173.174.176. 177.doc Page lof4 The Southerly 10.00 feet of Lots 172 and 173, and a portion of Lots 174, 176 and 177 of MOUNTAINGATE 2'°o 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 corner common to said Lots 172, 176 and 177; thence South 51 008'54" 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-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 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"n 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 more 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. FTRO]-C S13286-Momteingate\COR SPO1V CETbuc3B\ sme5ub.172173.174.176.177.doc Page 2 of ALBERTS DEVE PME T Todd M. Alberts, Member First Party STATE OF OREGON, County of Lane) ss This instrument was acknowledged before me on %>A✓—G�-AI�v %28i 2007 by Todd M. Alberts as member of Alberts Development. LLC, as its voluntary act and deed. OFFICIAL SEAL -'?� kO7.WyPUBLIC-0AEGOPo MYCCMMISSICN�EkPIRE3 OV930�2009 SPRINGFIELD UTILITY BOARD, an Oregon municipal corporation Notary Public for Oregon My commission expires: By: Name: G.s+.9iz�.cs /i6rRE.C.9 Title: zPi VXre ai zP1,Q Second Party STATE OF OREGON, County of Lane) as This id ent was acknowledged before me on 2 CLd � 7 by �inaec /iYY¢r-m - as Springfield Utility Board, an Oregon municipal corporation . as its volun ery ac ands eed. CFFIC n NorH�RGEg§Sp L C,t1L/ Co o�� SF4 $ yQ�1 So or Public for Oregon commission expires: D• F.\PROIECISl3286-Mou Wnpte\COR SPONDENCEThme3B�Esmt.Sub.172. 173.174.176A77ADC Page 3 of4 EXUrBIT "A" MOUNTAINGATE 2ND ADDITION N WWME 6 1711 FRWE MRW d=297152' FORM X77 OF R=27500' 1075 f7z 174 174, 178 AW m A1=140.94' A7 SPR#WfgW UlNM MW CN=N3616b5,f (S � a.=139.40' 173 172 4y� / 16178 SF s^� 24596 5F / A-40891' R-45.00 I Al=50.38 .. laeo' CC= 47.79' d=7T'33Y9' L10.00.:.. :.i:: .. O R=275.00' _. i Bali=ui2xogE 174 ...._.....g rs`��s' _... k, a -a93' 12822 SF sv ,1+1y i-'. iir:r4. -10.00' Pw 176 \ \ 14184 5F WWI .. 177 11283 5F F:NROJEC U286 -Mow ingaeZORRESPONDENCENhese3BlEvmLSub.172.173.174.176.177.doe Page 4 of4 AFTER RECORDING RETURN TO. Lane County Clerk CASCADE TITLE COMPANY Lane County Deeds and Records 2022-020363 811 WILLAMETTE ST., EUGENE, OR 97401 13°} 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III $87.00 — 02020920202200203630010016 — 05105/2022 01:24:32 PM .■- RPRSATOnt=1 Pgs=1 Stn=9 CASHIER30 CASCADE $6.00 611.6a 361.00 $10.00 TITLE CO. FULL RECONVEYANCE The undersigned Trustee under that certain Deed of Trust which is: Dated: OC I OBER 25, 2021 Grantor: DERRICK WESTOVER Beneficiary: BRUCE WIECHERT CUSTOM HOMES, INC. Recorded: OCTOBER 25, 2021 Reel: N/A Reception No.r 2021-067618, Lane County Oregon Official Records, having received from the Beneficiary under said Deed of 7 rust 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: OFFICIA E'ROl ELLA GRACE O.O:UINN NOTARY PUBLICAflECN)N Notary Public for Oregon CAMMISSION NO. 10225/8 MYCOMMISSIONEXP01E5 MAALW 10.2025 My commission expires RETURN TO: DERRICK WESTOVER 971 SOUTH 66" PLACE SPRINGFIELD, OR 97478