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HomeMy WebLinkAboutNotes Applicant 11/20/2024 (6)Affidavit of Consent Sycan B Corp & Olymipc Street LLC Page 1 of 1 After Recording Return to: Metro Planning, Inc. 846 A Street Springfield, OR 97477 AFFIDAVIT OF CONSENT KNOW ALL PERSONS BY THESE PRESENTS that SUMMIT BANK is the Beneficiary to property referred to in a certain Deed of Trust Reception No. 2014-041795, Lane County Deeds and Records, Lane County, Oregon. FURTHER, said property is being subdivided according to Oregon Revised Statutes. NOW THEREFORE, SUMMIT BANK hereby gives their consent to the property being submitted to the provisions of ORS Chapter 92. Dated this __________ day of ______________________________, 20____. ______________________________ (Signature) ______________________________ (Print Name) ______________________________ (Title) SUMMIT BANK State of __________________________ ) )ss County of __________________________ ) Personally appeared before me, _________________________________________, __________________________________________ of SUMMIT BANK as their voluntary act and deed. ________________________________ Notary Public for __________________ My commission expires: ____________ 2023-611-01 AUG. 7, 2024 4905 SW Scholls Ferry Rd.Portland, OR 97225 TLB/JLM (503) 345-0328 –www.sflands.com P:\2023-611-01 CFA Gateway Site Topo Update\Survey\Acquisition\Word Documents\2101475_LEGAL-SUB ELECTRICAL LINE EASEMENT-TL1600.docx EXHIBIT A SUB ELECTRICAL LINE EASEMENT VARIABLE WIDTH STRIP OF LAND LOCATED IN THE NW 1/4 OF SECTION 22 OF TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, CITY OF SPRINGFIELD,LANE COUNTY, OREGON, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS THE SOUTHWESTERLY RESULTANT IN DOCUMENT NO. 2023-034032, LANE COUNTY DEED RECORDS,THE NORTHERLY AND EASTERLY LINE OF SAID STRIP IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 2 “PUERTA SUBDIVISION”, LANE COUNTY PLAT RECORDS,BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF GATEWAY STREET (BEING 40.00 FEET FROM THE CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO);THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE,SOUTH 1⁰59’03”WEST 241.08 FEET TO THE NORTH LINE OF A PREVIOUSLY RECORDED 10 FOOT WIDE BY 200 FOOT LONG EASEMENT IN FAVOR OF PACIFIC POWER RECORDED IN DOCUMENT NO. 73-9791. SAID NORTH LINE BEING 10 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SOUTHWESTERLY RESULTANT;THENCE LEAVING SAID RIGHT OF WAY LINE ALONG SAID NORTH LINE OF THE PREVIOUS EASEMENT BEING PARALLEL AND 10 FEET NORTHERLY OF SAID SOUTH LINE NORTH 87⁰59’19”WEST 200 FEET TO THE END OF SAID PREVIOUS EASEMENT AND THE TRUE POINT OF BEGINNING OF THE NORTH LINE OF SAID STRIP OF LAND;THENCE NORTH 87⁰59’19”WEST 31.87 FEET;THENCE NORTH 02⁰00’41”EAST 10.00 FEET;THENCE NORTH 87⁰59’19” WEST 27.00 FEET;THENCE SOUTH 02⁰00’41”WEST 10.00 FEET;THENCE NORTH 87⁰59’19”WEST 146.75 FEET TO THE EASTERLY LINE OF HEREIN DESCRIBED STRIP BEING 10 FEET EASTERLY OF THE WEST LINE OF SAID SOUTHERLY RESULTANT; THENCE NORTH 01⁰59’03”EAST 357.26 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND SHORTENED TO CONNECT AT ANGLE POINTS AND TERMINATE AT BOUNDARY LINES TO FORM A CONTINUOUS STRIP OF LAND WITH THE SAID PREVIOUS EASEMENT AND SAID SOUTHERLY AND WESTERLY LINES OF THE SOUTHERLY RESULTANT TRACT OF LAND. CONTAINS 5,999 SQUARE FEET OR 0.1377 ACRES, MORE OR LESS. BEARINGS BASED ON OREGON SOUTH STATE PLANE COORDINATE SYSTEM NAD 83 (2011). 2023-611-01 AUG. 7, 2024 4905 SW Scholls Ferry Rd.Portland, OR 97225 TLB/jlm (503) 345-0328 –www.sflands.com P:\2023-611-01 CFA Gateway Site Topo Update\Survey\Acquisition\Word Documents\2361101_LEGAL-SUB ELECTRICAL LINE EASEMENT PROPERTY-TL1600.docx EXHIBIT B LEGAL DESCRIPTION OF PROPERTY SOUTHWESTERLY RESULTANT REAL PROPERTY LOCATED IN THE NW 1/4 OF SECTION 22 OF TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, CITY OF SPRINGFIELD,LANE COUNTY, OREGON, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO. 2020-062629, LANE COUNTY DEED RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 2 “PUERTA SUBDIVISION”, LANE COUNTY PLAT RECORDS,BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF GATEWAY STREET (BEING 40.00 FEET FROM THE CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO);THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 01⁰59’03”WEST 92.39 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 88⁰00’57”WEST 272.29 FEET;THENCE NORTH 01⁰58’40”EAST 295.11 FEET;THENCE NORTH 16⁰02’28”WEST 31.91 FEET;THENCE NORTH 04⁰11’51”EAST 29.70 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BELTLINE ROAD (BEING VARIABLE IN WIDTH);THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 85⁰42’50”WEST 104.55 FEET; THENCE NORTH 87⁰58’13”WEST 18.88 FEET;THENCE SOUTH 32⁰52’49”WEST 22.91 FEET TO THE WESTERLY LINE OF SAID TRACT OF LAND DESCRIBED IN DOCUMENT NO. 2020-062629;THENCE ALONG SAID WESTERLY LINE, SOUTH 01⁰59’03”WEST 482.56 FEET TO THE SOUTHERLY LINE THEREOF;THENCE ALONG SAID SOUTHERLY LINE,SOUTH 87⁰59’19”EAST 415.62 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF GATEWAY STREET (BEING 40.00 FEET FROM THE CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO);THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 01⁰59’03” EAST 158.69 FEET TO THE POINT OF BEGINNING. CONTAINS 115,323 SQUARE FEET OR 2.647 ACRES, MORE OR LESS. BEARINGS BASED ON OREGON SOUTH STATE PLANE COORDINATE SYSTEM NAD 83 (2011). LEGEND:1 INCH = 80 FEET Date: _____________ Proj No: ___________ EXHIBIT C SUB ELECTRICAL EASEMENT After Recording, Return to: Springfield Utility Board 202 South 18th Street Springfield, OR 97477 SPRINGFIELD UTILITY BOARD EASEMENT (Map Identification and Tax Lot No. - - - - on date of execution) THIS INDENTURE MADE and entered into this ________ day of ________________, 20 , by and between ________________________________________________, an Oregon Limited Liability Company, hereinafter referred to as the Grantor(s), and the CITY OF SPRINGFIELD, a municipal corporation of the State of Oregon, acting by and through its SPRINGFIELD UTILITY BOARD, in Lane County, Oregon, hereinafter referred to as Grantee. WITNESSETH: FOR CONSIDERATION other than monetary and the acceptance by the Grantee, and for Grantee’s use or holding of said easement for present or future public use, Grantor(s) hereby grants, bargains, sells and conveys unto Grantee, a perpetual exclusive easement more particularly described and set forth in Exhibit A attached hereto and incorporated herein by reference. Said easement burdens and is over and upon the real property more particularly described and set forth in Exhibit B attached hereto and incorporated herein by reference. A map depicting the easement is attached as Exhibit C. The exclusive easement conveyance set forth herein grants to SPRINGFIELD UTILITY BOARD and its successors and assigns the right to enter upon the real property particularly described and set fort h in Exhibit B for the purpose of constructing, installing, reconstructing, operating, maintaining , relocating and replacing therein facilities including power and control lines, fiber optic lines, water pipelines and appurtenances, in the easement area described in Exhibit A. SUB shall have a right to permanently maintain the facilities, and its agents and employees shall have the right to go upon said real property for the purpose of installing, constructing, reconstructing, operating, maintaining, relocating and repairing the facilities, to remove and replace fences, lawns, and trees to the extent necessary to construct, operate, maintain, and protect said lines and facilities, provided SUB shall leave the real property in the same condition as before, e xcluding reasonable, fair wear and tear arising from such activities. No part of any building containing sanitation facilities or any permanent structure will be placed in the easement areas, other than pavement, curbs, sidewalks, and driveway aprons, made with such materials as Grantor deems appropriate, without the express consent of Grantee. This easement does not restrict the installation of public utilities provided such installation meets Grantee’s approval. TO HAVE AND TO HOLD said easement unto Grantee and Grantee’s heirs, successors and assigns forever. Grantor further covenant and warrant that it/they are the owners of the real property more particularly described and set forth in Exhibit B and that the property is free and clear of encumbrances and liens of whatsoever kind and character except all covenants, conditions, restrictions, encumbrances, easements, and liens, if any, affecting title which appear in the public records and any of those visible from a physical examination of the property. /// /// /// /// IN WITNESS WHEREOF, the undersigned parties have executed this document on__________________________, 20_____. GRANTOR/PROPERTY OWNER: By: _______________________________ Name: Title: STATE OF ___________________ ) ) ss. County of ____________________ ) The foregoing instrument was acknowledged before me on __________________________ by _________________, the _____________________ of ______________________ (the “Assignee”), on behalf of the Assignee. ________________________________________ Print Name of Notary Public: Notary Public for My Commission Expires: Acting in the County of ACCEPTANCE OF EASEMENT BY SPRINGFIELD UTILITY BOARD: THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, acting by and through its Springfield Utility Board, is hereby approved, and the title or interest conveyed therein is hereby accepted. SPRINGFIELD UTILITY BOARD By: Name: Greg Miller Date Title: Director – Water Division EXHIBIT A PUBLIC EASEMENT DESCRIPTION EXHIBIT B LEGAL DESCRIPTION OF PROPERTY LEGEND: 1 INCH = 50 FEET Date: _____________ Proj No: ___________ EXHIBIT C SUB WATER MAIN LINE EASEMENT