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Home My WebLink AboutApplication APPLICANT 1/8/2008 Date Received '>, SPRINGFIELD JAN - 8 2008 Ittal~ CIty of SprIngfield Development ServIces Department 225 FIfth Street Sprmgfield, OR 97477 Phone (541) 726-3759 Fax (541) 726-3689 Property Lme Adjustment ApplIcatIOn, Type I ApplIcant Name Gordon Webb Phone (818) 292-1099 Address 860 Ocean Drlve, BandoD, OR 97411 SpeCIfic DescnptlOn of Proposal TO l\\).JuST -n-\!; 1",0 L.\ D DAR 40 L \,,) ~ f'-,STWt.E,J (J ,LUO \..C.G.AL LOT5 "'10/JE.f\ p,lL Q.,DRDo~) \DS\>'[\ u Property 1 Property 2 Address MI. Address l\T/Zi Assessor's Map 18-02-09 Assessor's Map 18-02-09 & 18"02-10 ptn 100 & ptn 100 -)Gordon Webb Tax Lot# /1 ptn 100 I I Owner (prInt) I / Gordon Webb 1/~/{1dcrslgned a ;< Slgnatu!bJ4n Addressl 8 6 ~ Ocean Dn ve / Tax Lot # Address Bandon, OR 97411 Bandon, OR 97411 Phone Phone }'lcd"c attach {he IIdmc, address, phonL number dud slgnatun. of olDY additional property O",OCI!l For Office Use Only Journal No Sv Pc, JD/\ a2 - )rY) D S ReceIved Bv \B-02-0~ Map No ll"'rO;;L - In. IJn Tax Lot No V(. i!Jic _ 100 L '~) Ion -f'rny+tcY'>! Date Accepted as Complete 8/20/03 '. '," I CITY OF SPRINGFIELD VICINITY MAP SUB2008-00003 W ofWeyco Haul Rd/E of Jasper Rd/S of Jasper Meadows 2nd Addition SITE Map 18-02-09-00 Tax Lot 100 & 18-02-10-00 Tax Lot 100 + North Date Received: JAN - 8 2008 Original Submlttr , I .J' ~-~ Date Received. \ JAN - 8 2008 '1<~ Original SubmlttF'1 PROPOSED PROPERTY LINE ADJUSTMENT FOR GORDON WEBB Property Owner/Applicant Gordon Webb 860 Ocean DrIve Bandon, OR 97411 Applicant's RepresentatIve Pam Clark Olson & Morns 380 Q Street, SUIte 200 SprIngfield, OR 97477 Tel 541-302-9790 Assessor's Map 18-02-09 TL 100 18-02-10 TL 100 Area of Req uest 173 59 acres EXlstmg Zonmg LM (lIght medmm IndustrIal) & F2 (Impacted forest) Background GORDON WEBB (hereafter "Webb') IS the Owner of 580 acres m SprIngfield, Oregon, and whIch IS located In SectIOns 2, 3,4,9,10, and 11, TownshIp 18 South, Range 2 West of the Wlllamette MerIdIan ("The Property") It IS depleted on ExhIbit "A" Attached as ExhIbit "B" IS a copy of the deed by whIch Webb acqUIred fee tItle to the Property The Property IS dIVIded Into separate tracts by a narrow Stflp that contains a paved pflvate road (formerly known as the Booth Kelly Road) ThiS Stflp IS presently owned In fee tItle by Weyerhaeuser Company and IS a separate ownership (Map No 18-02-10, Tax Lot 1600, "The Weyco Road") Attached as ExhIbit "C" IS a copy of the deed for the Weyco Road ownershIp ThiS Intervemng ownershIp creates additIOnal legal lots as used In the development standards In Lane Code Chapter 16, ORS Chapters 92 and 215, and as specIfically defined In Lane Code ("LC") Chapter 13 0 lOIn accordance wIth Lane County's standards for vertficatlOn oflega! lots, there are several legal lots located wIthin the Property Lane County has determined that legal lots can be created through a conveyance such as a deed or real estate contract that was made pflor to March 26, 1975 LC 13 0 I 0 (I) The legal lots that are descflbed In thIS applIcatIOn were all created through deeds, datIng before 1975 At that tIme, the City of Springfield had no JUrIsdICtIOn over the Property, but rather It was subject to Lane County zomng and land use regulatIOns Four of these legal lots are X \PROJECTS\3869 Wl:BB\ComspondLITLc\Tenc Ll A Written doc Page I of7 I-I depicted on attached ExhIbit "D" together wIth references to the deeds whIch estabhshed them as legal lots Copies of those deeds are attached as ExhIbit' E" (Bardwell to Wethered, recorded October 21, 1941, m Book 222, Page 81) and Exhlbll' F" (SmIth to Smith, recorded May 9,1895, m Book 37, Page 232) The purpose of thIs Property Lme Adjustment ApphcatlOn IS to adjust the boundanes of two of the legal lots depleted on attached Exhibits "G" and "H" m order to estabhsh a lot contammg approxImately 15 acres, which Will then be conveyed to a party yet to be determmed ThIS adjustment mvolves the two legal lots that are created by the Weyco Road on the east and Jasper Road to the west The adjustment has been conducted m accordance WIth eXlsllng case law and the reqUIrements of Lane County and the City ofSpnngfield 33050 PRELIMINARY SURVEY DRAFTING REQUIREMENTS All survey draftmg reqmrements have been addressed by Lawrence B Olson, a hcensed surveyor With Olson & Morns A prehmmary survey for the property lme adjustment IS mcluded WIth thIS apphcatlon ("the survey map' ) (1) The PrelImmary Survey ,hall be prepared, stamped and sIgned by an Oregon registered Land Surveyor The format of the PrelImmary Survey and the data to be shown shall be as follow, (a) The PrelImmary Survey shall be drawn m complIance wzth ORS 92 ThIS adjustment reqmres a smgle movement because It only mvolves the relocatIOn of a smgle common boundary It comphes With all reqUIrements set forth m ORS Chapter 92 (b) The scale shall be appropriate to the area mvolved and the amount of detml and data, normally 1" ~ 20',1" ~ 50' or I" ~ 100' Due to the Size of the Property and the legal lots that are bemg reconfigured, the scale IS 1" ~ 300' (c) A north arrow, date of preparatIOn and the wle which shall mclude the followmg language "Proposed Property Lme Adjustment Survey" These notes are on the survey map (d) The name and addre;, of the property owners, and the applIcant, if different X \PROJECTS\3869 WLBmCorrespond~nce\Tent LLA Wntten doc Page 2 of7 ThIS mformatIOn IS on the survey map (e) A drawmg of the boundarle, of the lots or parcels mvolved to melude dlmenslOns and square footage calculatIOns See survey map (f) The zomng and plan desIgnatIOn of the lots or parcels See notes on survey map (g) The eXlsllng property lme and proposed property lme clearly difJerentwted by lme type See survey map (h) The locatIOn and outlme to scale of all eXJ<tmg structures to mclude their reqUIred setbacks from the property boundaries and those from the proposed lot lme Not apphcable (I) The locatIOns, wldth\ and names of all eXlstmg streets, alleys, or other rights of way wuhm or adjacent to the lots or parcels and the locatIOn and wIdth of driveways See survey map 0) The locatIOn of all publIC and private easements and utIlity lmes wuhm or crossmg the lots or parcels For properties outSIde the CIty ll/mts but wlthm the urban servIce; area, the septIc and dram fields shall be shown See survey map (A) Reference to the recorded SubdiViSIOn or PartItIOn by name or refeJ ence number and blocks, lots and parcel numbers, where applicable Not apphcable (2) The followmg additIOnal mformatlOn shall be subm1lled WIth the Prelmunary Survey X \PROJEC fS\3869 WI::I3B\Correspondence\Tent LLA Wrnten doc Page 3 of7 (a) A brlefnarratlve explammg reason for the proposed Property Lme Ad;ustment and the eXlsllng u,e of the lots or panels ThIS statement provides the necessary narrative explanation (b) A COpy of the current deeds for the lots or parcels Attached as ExhIbIt' Boo IS the Webb deed The deeds attached as ExhIbIts "E" and' F" establIsh legal lots In the portIOn of the ApplIcant's Property located west of the Weyco Road and east of Jasper Road (c) If the applzcantls not the property owner, wrlllen permissIOn from all property owners shall be reqUired Gordon Webb IS the sole owner of a]] the property Involved In thIS adjustment (tI) A draft of the Property Lme Adjustment deeds For serwl Property Lme Ad;ustments that are reviewed under Type II procedure, separate deeds shall be prepared for each adjustment A DeclaratIOn of Property Lme Adjustment has been drafted and IS mcluded wIth thIS applIcatIOn (e) For serwl Property Lme Adjustments reviewed under Type II procedure, the followmg Ihall be submllled J A wrlllen explanatIOn of the 5equencmg oj ad;ustments, and 2 A dwgram Identifjnng each ad;ustment, m sequence, cross referenced to the Property Lme Ad;ustment deeds reqUired m SubsectIOn (d) above Not applIcable 33 060 CRITERIA OF APPROVAL The Director shall approve, appro>e with condlllOns, or deny the Property LIne Adju'tment applzcatlOn Approval or approval with conditIOns shall be based on complzanw with the folloWIng criteria The Property Lme Adjustment shall not :x \PROJECTS\3869 WI::BB\CorrespondLncc\Tent LLA Wntten doc Page 4 of7 (1) Create a new lot or parcel, Fmdmg of Fact No new lots will be created as a result of this Property Lme Adjustment The proposed adjustment will reconfigure the eXlstmg legal lots (Exhibit "GOO) to create a lot that can be conveyed to and used by a party yet to be detenmned (2) Create a landlocked lot or parcel, Fmdmg of Fact The proposed site of the Property Lme Adjustment Will not be landlocked It will have access provided by the Jasper Road ExtensIOn (3) Reduce an eXlstmg lot 01 parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zOning districts m thiS Code, Fmdmg of Fact The reconfigured lots WIll contam 15 28 and 158 31 acres, respectively, which IS well above the minImum parcel size reqUIred m the LMI/UF-IO zonmg dlstnct (4) VIOlate any prevIOus condlllons the Approval AuthOrity may have Imposed on the lots or parcels Involved m the applicatIOn, Fmdmg of Fact No pre~lOus conditIons have been prevIOusly Imposed on the Property by the City ofSpnngfield (5) Detrimentally alter the avmlabllity of eXlstmg public and/or private ulllitles to each lot or parcel In the applicatIOn or to abuttmg lots or parcels, or Fmdmg of Fact The proposed Property Lme Adjustment will not affect eXlstmg publIc or pnvate utilItIes (6) Increase the degree of non-conformity of each lot, parcel or structllre that IS non- GOnformmg at the lime oj applicatIOn X \PROJFCTS\J869 WEBB\Correspondence\Tent LLA Wn(ten doc PagL 5 of7 Fmdmg of Fact There are no non-confoITmng uses on the Property 33080 CONDITIONS OF APPROVAL (1) The following condlllOm of approval shall be reqUIred (a) The submlltal of a Final Survey, and Fmdmg of Fact The Final Survey wIll be prepared by Lawrence B Olson, at Olson & Moms, In conformance wIth the condItIOns of thIs applIcatIon (b) Property Line Ad;ustment deeds as specified In SectIOn 33 090(4) of thIs Article Fmdmg of Fact A draft DeclaratIOn of Property Lme Adjustment IS mcluded wIth thIS applIcatIOn and conforms WIth the specIficatIons of SectIOn 33090(4) (2) The following conditIOns of approval may be reqUIred (a) A pubhc or private utlhty easement may be reqUIred to be }acated, relocated or created (b) A JOint use/access and/or parking agreement (c) The slgmng of an Improvement Agreement for frontage Improvements Not applIcable X \PROJl::C] ")\3869 WEBB\Corrcspondcnce\Tent LLA Wntten doc Page 6 of? I EXHIB1T "A' I EXHIBIT "B" I EXHIBIT' Coo I EXHIBIT' D" I EXHIBIT "E" I EXHIBIT' F ' I EXHIBIT "Goo I EXHIBIT "H" EXHIBIT LIST Webb property Deed by which Webb acqUired fee tille to the Property Deed for the Weyco Road ownership Map depiCtmg 4 legal lots Deed establ1shrng Propelty as "legal lots" (Bardwell to Wethered, Book 222, Page 81, recorded October 21, 1941) I Deed establ1shmg Property as' legal lots" (Smith to Smith, Book 37, Page 232, recorded May 9, 1895 Map deplctmg legal lot for Parcell Map depiCtmg legal lot for Parcel 2 X \PROJECTS\3869 WEBB\Correspondence\Tent LLA Written doc Page 7 of7 . ~ ~. , ...~ 1 , I , , , __.1_ -. 'flI\ ~ ~ M''P ~... ~ " I I, fill, ..J ;;;:;;., i ! -";~'~;(.~~lC~ ~. -" ~I. te.~ .:":~ )111[ ~':.. ~~ f' r ~~ -0 '.<<0 1 ' i' ~...." ~"'~~~ ~, . ~.' ~_ ::ii' -;-::k---____ '~-:.;, ": ,~." <2:3) l (id; ;; .I ~.?-:;t <I I L;:,C, TIIll LJ:ITl1;]I!)I ""'~ . lit c::l 1 r ~I ~ J 1~ r~~ ~ (IS) P \"''''''! r-"----___ r-, -'- ,: 01]'9!-15 i I "\. .", \ \ ' r;:-- " ;;,; ,.~g~"'1J (tf1 7--~~~--~=~~, /. ~,'~ ----3.___--6. :1t=-'!/..Y}i::,~ -~, '00 r C:lY-., ~~). ~~ (>~f:~; rh rOLl!--'-,l 8nt", II ...L...~...D!lll -1) . 'I ~ ,I j If { II "1- ~ -- II .<--- r;:.'"' [~~J'i"'" ~"""'".--=,..=- ".I(.-1i-T-~"3L .111'C,_ "II", ,1 _. ".' m_ \V I... " "ati~-Jj)" "\ 'I !U';. toR, I ". ...~..oo I . """" JM.aLCOIl. (~ '~A{L I :: "-L<:. 41' '-!I.~ '" I _ 13' '00 r~' 1'- 1- 11..00 ) ~ "'- t<:I >< :I1 H III H t-l :.- = . . :! mc-3a . - ~ I: I, l.l k eSEE DETAIL MA , , 'i 1)~IJIjJ,-11~ I -'.{? J..... l~ -- '--""-~- $U_.OI.~ ~, .. NO , -" '00 i)"9- ~; ":....~;:.~f.... 400 ~u: ... )..L'. 111II.......il.i ;illi.hJII ,. , I L L IIIl.Jl......llIll....I. JI.loll.."'i lIi~Ul.J~.Jlhl~_.iIli,Qj,...Uilia.JkHI,...~IHlllhh llmlil~llilllob~,ha~lj_id.~ljl,1 EXHIBIT "B" r. c.""F- r112O\ i'- %0"'80 89~9408 --' 8-~ / PERSONAL REPRESENTATIVE'S DEED l THIS INDElli'TlJ!lE: Made t;bis 5th dll.Y of JulY . 1989. by an4 betwun FIRST INTERSTATE BANK (5FOREGON. N A . tn. c.uly appointed. qualified and acting fB~&onal Rep~eaon~ll.t1ve of the ostato of Bell.t~lae E Mitchell, deocaaed, he~einattcr called ~h9 fi~Dt party, and GOROON WEBe, herltinafter clIll.ed the ilile<::ond party, WITNESSE'1'HJ For value r~C'eived ard the consideor;!ltion heroinll.fter Btated. the receipt whet'eof horeby 16 ll.cknowl~dged, tbe fh8~ party has granted. bat:gl1in4d, Bold and conveyed, and by these p'l:eS8n~S dOes granf:., bit:cga1n, sell and convey unto the said second party and aElcend party'lI heirs. 8uC'ceaaora-in-1nterest and assigna all the estate, right and in~G~e~t of t:be aaid dece"ued al;. the time of decedent's death. and illl t.ltli\: dght. ti\:le and io..tet'8st that tho said eDtllta of said deceued by operation of the l.llw or ot.herwise llI11Y have therOilftsr acquired in tha~ cel:~ain real p'C'operty situate 1n tho County of lAna, State of O~eson. deacribc4 as follows, to-witl Legal d.eSC1:1pt.ion, as lIJO!:8 pll.rt1c~larlY described, is attaClhed aa Elchibit 1 l~::nlJ.._"~'~EC 2J!Xl I I I I I I j I i I I ill!.11L ~6'$I::1n3?l.\'.ll 1000 EXCEPT condition3, t."eat'l:'i.ct.ionll and easemsnts of l'ecoord (All Farm- land - PotentIal additional tax liabili~y) '1'0 HAVE AND TO HOLD the salIl:e unto tho said socond party, and ~econd party'a heirs. successors-in-interest and assigns fo-e8ve'C' The true and actual consideTation paid for this tranafer, stated in te1:m5 of dolla'C's, i8 $400,000 IN WI'l'NESS Wl:!EREOF, tha f1aId UTIlt. party has executed thia in.gttument, if first. pa~ty 18 a corporiiJtion, it hall cauaed ita co-eporate name to be signed he~e~o and its ca~cate .e~l affixa~ by i t~ ~Hi~~"8 duly authod2.ad thet"eunto by o-eds't' 0:1: its BOllrd of Di rector4 THIS INS1'RUMEm' WILL NO'l' ALLOW VBS OP THE PROPERTY DESCRlBSD IN 'l'HIa INSfRUHENT IN VIOLAT~ON OF AP~~IC- ABLB LAND USE LAWS Atro lU!:GUIAT!ONa BE1i'ORS SIGNING OR ACCl:PrING TinS INS'l'RUMSN'l', THE PERSON ACQUIRING FEE 'l'ITLE TO TaE PROPERTY SKQULD CHECK WITH THE APPRO.PRIA1'E CI~ OR COUN'l'i. PLturdlrli; ImPARTtC:~"l' '1'0 VERIFY" APPROVED USES F1't'8t Intersta~a Bank of Oregon, N A , Personal Rep't'esen~t~ve of thft EBtatc Qf Beatd~.w... Mitchell, .D$c8a.ged... O<t/~--....~ fJ. -<7,1"'" _ u.PoJ~..d 10--) ~_..~__~ "__oJ-.'._~l..~trlJtuC:ll;;' 71 J Il JM>1t>-.l~ nvea en 0 t'{'C6'1.' <~~ ,-, Page 1 - PERSONAL :\tEPRESENTA'l'lVE'S DEED '..,- I " - ~.r"",,J;i - ~;;,', "';;:, ~ ~ ~MT _-~"'r}.._~~ -~--"':.:::;:1S$l I 892!)40R STATE or OREGON ) ~ ) ., County of ) ! , 19__ I I PQ'C~onally appeal'od \he above i named .na 1 aCKnoW'.LudgeC1 tnu to-regOlng 1n- etrUlllent to be Yoll.1n~ ta~y act ~nd de~" , Befo'C'e lIle~ ~o"ta'Cy t'UO.l.IC t.ot' Ql' agoD My COlll.llliBdon EXpi1:'e.l!lf (OF'E'ICIAL SEAL) '- ," pirst Interstate Bank of oreqDn, tJ A. . k'BC"Bona.l. l;(ept'esGnta~ve . tot' tne 6e~te O~ tieatrlce 6 H~tcne.L~ UQceasea Gx::anto-r" a NaBlD anti. J\Qc.resl!l Go-rdon Webb .Lb' CIrCLe prIve li'1:adtlUl:V. ~ ~.UJ.V ,.~- ~rantee'a ~ame ana. ~Qt'ess Ir 1[" I., I', ~- .- A't't.er re...oU.ll.ng -a"..-- ~_ Cascade Title & Escrow .LO'~ uaK ~t'Ccet EUClane. OR !,'140.L ~. aDURES;S. :ill' Urtil a change is requested all ~a~ stataaent. shall be sent to th~ following' a4dU.II Go'tdcn Webb . l6~ ~rCle vr1va n'CAC1burv. CA ~.LU.LU ~~, AUU~~~. ~.L~ ~, EXHIBIT "B" -, STA'I'a OP OREGO't, county of t.ana)s8 July 5 , 1989 l,'QrsonaJ,J,Y appaa;.:ed lill3t"d o. R1r1l4.ul and Hichll_l S l'llc1l8h lillO, being dUly u~orn, eacn lor n~daelf a;nd not one for thl't other, did oaf, tbM~~O former is the .............""......,...,.........~...'TnIst ~ nUt..~ And that thl't lAt.ter 18 1:he Inve:stmtnt officer, 't"ellpecUvely, of the Fi't"~t Interutate Bank Of Oregon, N A , a corpo't"ation, and that tho seal affixed; to the fOreg01ng instrument is the corporate seal of said cor~ration and: that said !.l'l~tru- ment wa~ 5igned and sealod in be~lf of laid corpOration by author1ty of ita boa~d of direo\oral and each of the~ a~knowledged said intrument to be itD "oluntary aot and deeCli Befo~1lI 11.0.1 (OFFICIAL SEALI ~ta~ i'UlIL1.C 0% oregon My CoJUl,i1l81on EXpirssJ_ ~ ~\,.,--;, Ii\\' ~,,-0."~ ;) oeep"" M OEADMQND "1""",""0"09<>'" j,f,CcmIDI~llExplles_j-11 "1....... Page 2 _ PE.~ONAL REPRESENTATIVE'S DEED " i L I L ' :-~:.~I !! '--=!':d ~~',.,__ _ _--.,!>, _-;0 ~,~,'.~ If, ~ _ "___ __ !<1.J. .~J'J .,il._ .... .__ ~ . ,,:..~~. .. I '~~ il.". . -.. . __. . .'1:..,,,,, ,_1 "'. ----. . ,.- , . ,.I/i,....o.J::.i..IHd:!ll...l.:.. . " 1\. k' ~ .' ~ .. .~l~'l...;J;IL.1I' _"lll.~.IL..J.;'Iu;..lliilllLu.&i.Jrj;U.111 'I.Wll.ol"I..I..ulllil~,"III.illl.~iioil ___ ..._JII!!!!i; ~, . I: !' I . r co , :J i ~) ........D",,---- 1'6/00- I - Lio I EXHIBIT "B" 8929408 PARCEL 1 ~he North one-half or the 3outhwe8t Quarte~, except therefrom che South ~80 0 teet there~f, also Ooverncent Lot 5 and that portion ot Government Lot q lying South of a line extended East trom the Southeast oorner or the T. Maynard DonatIon Land Claim No 31, 1n Section 2 and the Northeast quarter at tho Southeast quarter, except therefrom the South Q80.o feet thereof, a1ao that por~10n Qt aovern~ent Lot 2 lYing East of a 11ne runn1ng South from the Southwest corner of aforesaid Claim No 31 1n Seotion 3, TOlmship 18 South, Range 2 West Of the ~illamette Meridian, in Lane County. Oregon, EXCEPTING TaERBPROM that traot conveied to John F Charles And Donald T1rrl11 by deed reoor~ed Auguat 8, 1980, Reaep~ion No 80390~5, Lane County Oregon Records, in Lane Countr. Oregon PARCEL ~ The North half or the Southwest quarter, Lot 5 and that part or Lot 4 ly~ng South or A lIne extended ~ast from the Southeast corner or Donation Land Claim No. 37, Sectlon 2, and the Northeast quarter at the Southeast quar~er and that part of Lot 2 lying South or a 11ne extended West from the Southwest corner or said Claim Ko~ 37. in Sect ton 3, rownship 18 South, Range 2 West of the Willamette Merid1an, Lane Count)', Oregon, EXCEPTING THE~EFROH that portion Or the land above described which lies Westerly from A line drawn soutb from the Southwest oorner of tbe T. J. Maynard Donation Land Clai~ No. 31, and North of the North line of the northeast quarter at the South- east quarter or Seotion 3, Township 18 South. Rang~ 2 West of the W1l1emette Meridian, Lane County, Ol'e80ns ALSO EXCEPT The N~rth one-halt of the Southwest ~uart~r, except therefrom the South 480 0 feee t~ereof. alao aove~nment Lot 5 and that portion of Government Lot ~ 1y1ng South ot d line extended East trom the Southeast corner of tho T MS1nard Donation Land ClaIm no 31. in Seotton 2 and the Northeast qUarter or the Southeast quavter, except therefrom the South 480.0 reet thereofl also that po~tion or Oovernment Lot 2 lying East or a 11ne running South from the SouthKeat corner or aforesaid Olaim Ho 31 1n Section 3, TOWn:lhip 18 South. Range 2 West or the Wlllalllette Herldl&n, in Lane County. Oregon PARCEL :;! All ot the tollO\f1nJl l...lnJl. F""f:. or Countv ROAd No 266: The South haIr ot" the South."clJt quarter of Sl!et1on .2. the SoUth'!!86C quarter or tha 'lOlltheaet QU<\l"tor of Seetton 3, Lot 1 In Section 11. Lot. 7 In Section 10, also cOllllllencine nt the lIorthcaat cornel" or John C Looney DonatIon [,end Clain W., 39 In <j"'ctloTl 11, running thenco llol"th 890 .Ill 1 He:Jt ~7 78 cha.1R.$:, thence West to 4 point North of the Northwest corner or Lot ~ In Section 9, thenoe South to the Northwest -contlnucd- EXHIBIT 1 Page 1 of ? ~ / '" .. -- ,. ~ g ~ i :; h \<6,()?-P7 t.(OO , , , J ocr I~{J-i lOO € IV "t-O'd-; 1DO, , L L 'I , ....>::; ... ~ ~"""€ "4 _~ 2~ ~~il -~0f; Ji'i't .,~~ :~5!i , ~~ ..~~~ , f ~ ..,,~ 1':?; <_~ :t'~ '~\<:.~ ,~....~+;;:'~ ~ :~$ -. "..--:.;..~ i J~ .~:~~ - ~- , ~" - .,_:. _-:;-o;"'i::2 ~ , " ~ " , \L.....r~ liiljiIJI,.... I .""II~illla.J.I..I~~ ..Ii...: ..*~ I II Jt I J _ ."WIl.>'J;e", ....1 II. .L "11I1,jj,.d..I.U...,,':I..JIJLl.UIW;1~1..J"1UJ.1 ,- " :' '. ,- I~' " I~ I~' I: i I I L L J ~ ~:.'Y~ '.....~~.., '~"'l ",l!.;;->- ;--~J ~, ii ~~ ~~~ ..!,'"es; ~ ~~~ '~ ~ ~ 'ii'S '-,~ ........ ~ '",.,.. ,,~ ~J~ ~ :iI ~:il \~ .~ - ~~ :~ ,"""" -~ ;~ -~ ~ '"",,", ':-= --~l .....;.14'. ......,~ ;,~ ~~ .~ .jE -= EXHIBIT IIBI1 ~J ~ a ~ 'I 8929408 , !.;.=';::; \21 ,),1- ~~;~-" -~il ;~~~-~ \- rss r::B~' .:~ i~~ ~ ......~.: .. ~ -c':r2 ~ :~~.= 1;;.oJ-' ,-.-";:1l;-' '" ~ :.- _<)..~1' .~ l:;:dl'~ :.r;~~.I!;:>- C~..~ . ,,"'-'" :~J~~ .t!L<.-~~ ,,{e~" lE:"1..~ .1 'fl' f' Property description - continued " -, eorner ot said Lot 11 thence East 9118 chaine, thence Ilorth 10.70 ohains, mOI'O or 10S8. to the pLaoe or beglnn:ln5. all 1n Township 18 South. Range 2 West or the Wil1amette Meridian, in L~ne County, Oregon~ ALSO Lol: 6 1n Section 10. Lol:s 2, 3 and 4. 1n Seotion 9 and oommenoing 10 10 chains North of the Eaate~ly Southeast corner or th~ John smith DonaUon Land Cla1m No 48 1n Section 10, and rt.lnnll"1g thenell' North 21 05 ~h41nu; thence Ue~t to the West 11ne of 8aid ola1m) thence South on the West l1na or said claim to a point ~est or the plsce or beginnlng~ thenee Eaet to the place or beginning, ALSO eeginnlpg on the West line of said Donation t,a"\d Claill No /18 at the Northeast corner of Lot 9 1n Section 9, running thence South 20 chains, thenoe East to the East line or the ~11 of Bald Donation Land Claim No. qS. theM.a North 20 eha1na~ thence West to the place of beginning, all in Town~hip 18 South of Range 2 West or the Willamette Meridian, 1n Lane County, O~egon, ~, -~3" -~~ Q,:, EXCEPT from the abo~e described property that certain tract eonveyed to Oregonian Railroad Company by deed ~eeorded August 27, 1890. in Book 25, Pege 163, L&ne County Oregon Deed Records. ALSO EXCEPT that oerta!n t~aet conveyed to The Oregon and Callro~ni8 Railroad Company by deed recorded Ma~oh 27, IB91~ !n Book 29, Page 55, Lane County Oregon Deed Reoorda, ALSO EJ:C'EPT the rollOwing described proelll1ees, to-wit Beginn1ng: llt a point on the west line 01' the John Smith Donation Land Cla.1m No 48 1n Township 18 South, Ral1ge 2 West of the W111em~tte Meridian, '31 25 ctlaine South of the Northwut oorner or aaid Claim, and running thence South Iilons the West line or the claim, 29 18 chains, more or lells, to tI. point 30 reet south or the Northeaet oorner or Lot 9 of Seotion 9 or same tovnBhi~, thenoe East 30 reet; thence North 29 18 chaine, more or les8, to a point due E~at ot the point or beginning. thence We5t '30 teet to the place of beginn1ng, all. in Lane county, Oregon, ALSO EXCEP~ theretrom that certain traot of land conveyed to Q ",,'1 10 Mt June POl"ost Pl"'oducts Co. by deed reoorded April 12, 1941. {o"v,r -----?in Book 345, Page 539, Lane county Oregon Deed Records, (j.OO ALSO. E)'Cl!.?! thcrcfrc:: th~" .,"I'tdn traot or land conveyed to 'ile1erh.acuser Timber OOTllpany, 8. wa..ehington corporation, anu 1'1"1<: Booth-KellY Lumber CompanY. an Oregon corporat10n. recorded July 22, 1947~ 1n Book 352, Page 2311. Lane County Oregon Deed Rocol"ds ALSO &~~EPT that portion dc~orlbed 1n deed to southern Paeiric Company. recorded May 18, 1954, Reoeption No 29826. Lene County oregon Rocord \: EXHIiiIT 1 page 2 of 2 I', L;- " = I'l E-< H I'l H :I: :><: r>l -"'~~8 llr>ohll"":)'\A'"] -q>!"""lf1VD1I:l0.l{ut>o:):ou1"} , b1J.es~ ,.". tll o .,. '" N on tll ';;,llt'"IT'l l"PI"*.lDJP'MPO"""""""l\IlJ\Il \Jj~~':ri':J~~{~':~ ~J004-o;) IllJ2uo ID ;l~ 801>67.fi8 . , _' ;'llfllif';~I~I_'jOO~~ftl~~"~ IlI?il! ~:i , r,l....<" ~ A ~H'~ \, t ,;;'~~ '11~...; l~ ;,IJ~ I ~,' I j , ~'!I ~~, ..~:~),.. f,$\l}~b'/'ijt ,.r~\l.~( :; q~/' ','lit' ~ r e/ \ ' ~I' _ ~ '~;~~"~I~f),r I ':,1 ~~r",f~ r~l'l~ ;:r-,li';' !~ ,,)~t ,.:1r "I n ,;' ,'t, ~ ~ '\ I,.., ~ ,,' ,:;:' r"''';'''~!Tl{ 1"'11~~1:e,-:<.;I,~'J1jtl~ "1T,,>!lr,t: .;~I"~;>11\,.ft~lilJ>."'e-,,,,;'l Jf' 'h l ' ~ ~~ (""r"" r, {h' ... ~",~,c ~r' j, 1'1 ",1. .,{ "''''' 'I I~ I. \ "I l~~ '} >~~~I ~;, ""(;'71:1:~ ~I\<:t'r;-!'~~'lli"xi,;>.<~l<~I~I~~;,.F.f!t:'fii~ f,!'~;f'i'1~1~ 11~'A~I;ll:,>\ ' , h" ~~ "' '1'~,(l..f-t'\t.jj}~,~J<~'i>l~l~'~t~~ I, h}'\~MR%,MD~,J~~~i}jst~jJjY''f~I!').~\~Bjh 1$4~~~ll1l,rffl~i,'1~ifi~!*~/".L.J1 ~.t,.hj., ro;'nt'l..l,tl (1:, 1_ ~ .~"wI.I~SWIl_J;'IlI.,~il ;i'~il~~li "~II olI,II,: i,jllJ,~i II "'-..........,..j,lI.ill,li...i.l.ll~; ,iJlJill.:,.....L....,.lilli/,......_.l..,J ~11.'llil"I."11 .~;,~M.t,_I,;..i,;~,L;li1 l"lll,d L I.l..,,''1l,,,,''JU;;.,,, "'I I I I I I I I Ii .J 1 ,I l I '-;'1 -' " " , 1 , I I J I .~~ ';%j ~~J EXHIBIT IIC" ~~,":; ~ , ~~_~;- \'>1 ",i",4."tl 1..." :5/:;" ~_:~ ~12...,,~.::;._)...::,[-~~;.;,i"0...~~:3.:::;"'::-~r~.="-.';~ ~ ->~ 7-1;":::"~:_ ~_-...-_~-:~ =-~ _:~ VV~TiJl.nl1:y Deed Mf I ;~JJ.:) (_ ,l;;~rl' THIS j'll~~A'Ht.ffiE \''ITh''BSSBTH Th:Jt c r 'letHe! f" d ,:pH~ E' < J husVend and l"ife, c ~ \~f'rE"~, the' Gn.'\tors, for and m cOfl.'JldeuHon of the sum of ten to them r'U~ do hereby bargaln, sell and convey unto DOLLARS }~t June Forest Products Co the followmg descTJbed prcmllles, t()-wit the gran lee ~\ ~, Beglnning at an iron pipe marklne the northwest cornpr of the J Looney Donation Land Claim #39 in Township 18 South Ranfe 2 West or. the~Wl11amettc Meridian, thence east 715 4 feet 31Qn~ e fence l1n~e mark1.ng ~the north line or Bllld Donation Lane CIa 10- }-;.:; to a point marked by an iron Jf-lpe., thence east 18 8 f'ept alo"€,, the fence line marking the north line or sdld Donat10n L~nd C19t~ ~'9 to a poiDt malked by an iron ahaft, thenoe north 060 5ot' west 11)1 1 reet to a pOlnt marked bv an lron pipe Bet In a fence ll~Pt thence south 740 1Bi' '''eat 766 9 .feet to a polnt marl{C'd 1" a, lron pipe set ~n a fence 11ne. thence north 150 36~1 west 461 7 feet al~r~ a fence I1ne to a point marked by an iron pipe, thence soutp 6~o 09~T west 205 2 feet 810bg a fence line to a point marked by an iron pipe. thence south 560 04!' west 369 B reet along a fence line to a point marked ~y an iron shaft Bet on the easterly right or way 1joe of the Southern Pacific Railroad, aald polnt belns 250 feet r~om the center line of eal~ ~ailYoad, thence south 330 09' ~ast 1271 S feet along a rence line marking sald easterly right of ~ay ~ine o.f ral1roaa...' said line"rbelng para1.lel to and 250 feet (HstG.nt ,.;from tne center llne of saL,! rs.ll:roa.d to a point marked by an iron Ri~e. thence eaB~~~9~J ,fest-tG~the tpue-polnt of begir~lng in iane Co'utity,~ br-egon. I \.... ' /.:;:. < ~ ,-, ~ ~ -..~!~"<: IS r 'f~ge...~he:r~<~!:.t?_t'he ri~t",to- U6f: existing private roed the tt"f,l.:ct TIo;-ltli pr... .t:p.e tract~~Q.e-reln conveyed for purposes. ~gresg and Ingre~s to 'and r~om the tract herein ccnv~y~d : l>crOf:C; of TO HA. VE AND TO ~IOLD" Ule saI~ pie~,'..,wItR!.l-then- apRurlenauces. unto the s<ud GranteE.- . its ,-- heiti~ai<d~~rev'ei'''',;::' ~ And 'the stUd Grantor ;1 do r hereby co~t~;sj{ue~'~ Grahm. 1 t.s hens and aSSIgrur: thntt hey are: '1'<.: ffb;'own.&a~I;{~@J{i~~;"'es,'ka16t~arefr~!romallmeumbrarlces , ,." -""j" ,., -"'~-''''''''~ -z?""'r~;- ".-.~>-,,,- ( ~ l~' ~ ~'ij~ ~ '1__- __..... ""''I._~ l..-.,::~;'" ..~\t and fhatt he;Y' warrant IUId defend the same !rom p.lI IIi' w:rrlmSS~wiIER.Eoi. they bave h~u:oto~tet their hand 24th duy of ~ March ~ A.D 19 47 lawful clauns whatsoever G and seal .9 tll.U. '. rl\_ Y. t" . +>> ,~"" "(SEAL) Ifil W~. __(SEAL) . ~_(SEAL) _(SVJI) ~---(;.-4-.. r STA~ OF OREGON. COUNTY OF LANEI ~' ss ( B~ it ttm-emoere{l"Uiat'an this 24th1' "&y~o1~t' <March .1947 personally came before me, a ':Notary PubUe,u1 &,u,!,sa.id county, tlTe ~'Jiiun&i ... 'A#Ij<;1. "t;;;<>J ~,.. :r _, tr -1.. J 'f1."'rt)(J} , ~ ~~~~~ R~ ~. wetharedj~husband and ~lfe )-~~p- . \1 \'...... ~(i; ~ ' ~ ... \ . to me~Pe~.so ~ ~ e.<~~beQ }n nnd~:vhl) execukd the WlUun msfruJ:ocnt, and ,,8,eknowled~ ... eii:ni(.freely and voluntan1y lor the uses and Puzposes theretn. !~m.Jd.') ~-f~~ t1!-~t-~"'~f.;. ': .. , WI,""", ~"ir"- ,,--"'" $;, ~.,:~;.,~~-=- ~:~70t..!"7;1"/' c~L /.1.r .My,CO",""", -- ., I"~ ,<-~,~_tt'~..q- ("J!~~ :t""'.>I(.- ). ~ .. \'..... .:\!-'\ ~~ f Th\:" ~('q-lt ..J, -.,: , .'1 Nbtary' PubliC for ~-o;;-~--- .j ~ -, -, (' \' ~;.>" I ~"'''.6 ,~ /.a"~~' f _ ,,';!k..::lt~f,4-\~t{l-~ "'J~'" "'- i' ~ t" ,,_> "'ij l €INTI' ^rnt1ACT CCMPAN,Y' EOGEN"> O"C'CQI'i ,~ }(/'?--:~, ~_\)~ ~~:v .a1i'4~'J).>j ,~ , = u = E-t H III H II: ~ ~ 3747i Warranty Deed '. , - '_1 ',' ............: ~....~ of O~<>n '<>~""'of.<>_.. r w e Oll"r'll C""n", Cln\ ""~ ......H." ~._d., 0/ C_"'y<>_ ,n and 10 1<>Id County eI" h.......y ......,,.,. I!.." If... ..llllln In."".....M ..". """ ..d I", ..", d ~t " ~ lU710R /2 AM II 34 ~ ~ ~ .(.\ ,. , , ,., ~<<.t~<><:l '~ I^~. 345 on Pogo 539-40.. - I,,,' ~LM c"U"., .J:S ED", ~, ,d w !~It- -C;;";ZC1ob_d. t l.."'=' f" ,"1 '- ~T~ "~" ,;:,.~ ~<,__~ ~ - -- o.PU'T ,..;; lJ;,,'-...~Jim.::. ~....._f,. _~~-:.:;;_~;..I_~ ""'{..~ l;....~ 1> v ~ ,'.......en ~tuea :-"",'~.~ w " , ~..;Mp- ~ _.!,~'{. .. '\.~:.~,""~ .... ,~ ""w"": n _ n \, ~ r.~ ~ (, - . ~ !~';;;;:l f.-;. // l ... ~ , ~~ ';.:".j'(!"fJ,""A./,l r ,j.- I~" , S:_ "~..-I~ '- \-0"'......... f/ f'\1Ap' "'"os 1'0-02-0'1 1'0-02.- ID 1~-O2-- 11 II !!!1.L ~ J_ ~ -01%1_- . :!: 019-33 ~ ~ . ; 1'?>-02.-o2 '-n.. 400 i 4"3 ,?, AeRts 1"-2.- " l':I >: :Il H lJj H >-3 tl = 10 I ,.",.", " ~ :loi 1"1001 I t 'I , ~ , Q' BAR.\)\fIIE-LL TO W~TI-I~E3> ~Ok.. 222/ 'P~I (l9't1) " . w-Je:BB C~ "Rt-NC-!t- 'q-c.RJ::oN WCBS~ ~~R ~ . ," EXHIBIT "E" , f(J24'c~: WAllRAN'l'Y DnD RLED"'F'& ~p~L ~~ W II. DlLLARD, co. CLERIC 8YJ:Lh~G.:\' ..~~~1i^ THIS .LHU.c......:.a.uAJ!, WITNESSETH: That C. Bardwell and Margaret Bardwell. husband and wife, ~he grantors, Tor and in conBlderatlo~ Bum of tea dQllar~ to tbem'pald, do hereby bargain} sell and GOnvey unto Oharles Eo. Wethered and Ebbs. M. Wethered. husband and wi:f"e J the grantees the tollmr1ng desonbed premises J tow!. t ~ All of the to1101flDg lying east at County Road No. 266' The south halt of the southwest quarter at section 2. the south- east quarter or the southaMt quarter at sectioo 3, lot 1 in section 11, lot 7 in section 10, also commen.ing at the northsast corner of John C. Looney DOlls:tion Land Claim No. )9. in seotion 11, running 'thence north 119o 41' west. 47.78 ohalns, thlmce west to a point north of 'the northwest corner at lot 4. .in BeB1;i!~ 9. thence south to the northwest oorner of' said ~ot 4. I thenCB eas't,:9V.78 ebains, thence north 10.70 ctain'i, more or less to the Elaea of beg!;"Wlng. all iIi township 18 South Range 2 West ot the W111emette l4e:!"id1an, in Lane County, Oregon, AI,o lot 6 in section 10. lots 2, J. and 4 in section 9. and aommenc~ng 10.70 chains north ot the easterly eoutheast corner at the John Smitt, Dona~ion Land Claim No. 48, in section 10 ~nd running thence no~th 27.05 oha1ns, thence west to the wes~ line or Baid claim, thence south an the west line ot said olaim, to a point west or the place at beg1nning, thenoe east to the plaoe ot beginning. Also beginning on the west line at said Donation Land Claim No. 48, at the northeast corner ot lot 9 in aection 9. running thence south 20 ohains, thence eaet to the east line of the ell ot eaid D. L. C. No. 48, thence north 20 ehains~ thenoe west to the place of beg~nningJ all in to'vn~Dlr 18 South at Range 2 West of the Willamette Ueridian, in L,ne Co~nty, Oregan. Except tro~ the above desoribed property tbat certain tract oCll1veyed to Oregonian RaHrO!'d Company by deed recorded Aug. 27, 1890, at page 163 of vol. 25 Lane County Oregon Deed Records. Also except that certain tract oonveyed to ~he Oregon and Callrornia Railro~d Company by deed recorded Msroh 27, 1891 at page 255 of vol. 29 Lane County Oregon Deed Records. Also except the fOllowing described pre~ bt~ towit: Beginning at a point' on the west line of "he John Smi'th Donat1-on~L"nd-Cla1m No.48, in townshi1>~18c South- Range-2" "lest of_the Willamette Meridian, 37.25 ohainel south ot the northwest corner of said claim, and running thence south a\l.ang tbe west line of the ole 1m) 29.18 ohains. more or less, to a point )0 feet south of tbe northeest corner o~ lot 9 ot '8ec~lOD 9, or 8~ township. thenc~ AR8t 30 r~et. thenoe north 29.18 -alBins, more or lless, -to a point due t'ti::H, ur t:.ne point or begimti.ng, 1lhenoe "est 30 feet to the pleoe at beginning. All in Lane CountT, Oregon. TO RAVE AND TO HOLD the said pl:'em1ees, with their appurtenanoes, unto the said Grantees. their heirs and assigns roravar. And the said Gran~or8 do hereby oovenan~ to and with the said grantees their heirs and assigns that they are the OWnerB lu fe~ 6i~pl~ ot said pre-mis as; and the t they are hae trom. all inoumbrance 5 and thl1.t they nIl warrant and de:tend the same from all la'Y1'uJ. claims whatsoe~erf except a mortgage to The ~ederal Land Bank o~ Spokane. re- aorded Nov ;?8, 19)9 at page 286 of vol. 89 Lane County Oregon Ilortgage Reoords, tu aeoure the pa~t at a note tor $5000.00, eloo except a page 174 mortgage tu Land Bank Comm1ssionel:'. reoarded Nov. 28. 1939 at ot v~. $11 Leins COU111>Y ere~o~~..~..lI :Reoor48, 1lqfs8GIIJ.'e the ,-;-~~ ~ ~ ~ .. ...,)~.. r ~. ~ .;,.lJb "i'" , ~ "l ...i"; ~." ~b-,...~ -, payment : EXHIBIT "E" BOOK 2~~ flIljf 82 IN WI~SS WHEREOF, they have hereunto set thsir hands and 8eals this 30th day or JUly, 1941. ~) --.. - _- .0:........._ ~ ~ STATE OF-oof~/~ &7(/ ~_jf" B-<-OA...t.n.JY'.R__ COUllTY OF~b'Vlof!u Be it rmnembered that on this 30th dey of JUly, 1941 peTsonelly came berDre me, a Notary Public in and for said county, tr~ within named C. Bardwell and Margare~ E. Bardwell, hIS wife to me personally known to be the 1dent1c8.~ peI''90na descr1bed In and WHO ~..x.~cuttld the wi thin inst:rument r and acknowledged to me that they exeo',ted the same ~reely and voluntarily for the uses and purposes therein named W,tnes8 my hand and se~ this dsy ez:;~~~s~~~. 1JJ1( Jotary Public for O.j~eR My commission expires -, ~ ""Cornmlt...IOll[x",rlSSjutl3!l1~ "- ~. ?- ..!'"'; "'-;',..orl..;;'.';;- ~,. ... -'f'1"..!~ ~;''Y.> ;'\1> -""cc~ ,,~_ 31-" -~,;c ,<. ~;~k:l~~~ lf~y~~ ~:Z:-;~'~'~.:;:'~_"1 -;,""._ :1'~.f~ ~ -".:-;'E" EXHIBIT "F" A'SSl:;bXlR. '$ 1"2,-02.-02" l~ 02.- 03 l'b- 02 -O,,!- ~ , oj , O~36 , \ , , I, 1 . \- 6~~ LW\ ItvlllA~(IAL "" '0 , ..."" 0,9-32 ([) 19~115 ~ Lei. , :l I~ 30 ' --.,. ,..-~.. l~ '~~ ~ ....tOO;:::" :!:fItoIt. MAP .' ~ ",1'<---: ii-. ",,"""C ,_: ! Jl9- OJ I, ~~..l ~~r -::r ....... ~. ""-1. I I i I I -;:.; <111'9-01 ~.: r;:~-~ _. I .I :, ], i ~ " t-------- ' : (019-15"" I r ~ TfoXUlTTEDCltIW" lIliil3l: ~. un .fI' t-:!t, ~ -1 I , I TAlC u::rrrDG'l IW" 1ID!l& ~ ! I ________~~-~~ 4,.__~J loa lO! II -t- -- , ".,T )1 ::r1JI I .~, [f.... I 1'2,-02.-1 0 ~ -. ~_~~l~~ ~j _._" "'r-'~" ~.._>v._ -r-;;--.-t--I~~'- ... ~ J.l.JXK",- -~ ......-: ........ I~" .....,1llXl . r r , -, un - "i/4 CQL I... ...m .0:1"<1, r~~~ r ,! s.L am. : .I.~\IJJJ'ElLCOR. Y~YI,l" 1"1001 . ..., HI '"00 ,- L ~ I 11 , -~~<r'-- I I + I I ~ = " , ~ ~ 1:' ..u r~ 1_ .=' - I~ I 1'E,-02-0Z '7L 401 '0\ ,=; Acru=s ~t-.b ~S\OENl1L\L \0-02.--02 i 't1.- 400 , -4'3 J?, ACRES 1"-2. " --- :~~~-- l'l >: :Il H lJj H >-l _....,..o;au Gl = vyJ~5 C~ ~C-+t- 6i'C>R.t:o,.., IMCBB, ~N IZ- - .''''''~' I ~MAPJ ' 0'. , I ' ."',!!:" ,- ~ ~ tal. 18 2 ! -~-::. "~~ I'. - --'-:-f, j 1 " 1::l1.. =, -_I I e~: i : J1S- OJ I' ~~ _ I! _____ ' -.. -4, -- -- 1_'_ - ......-...-- I i [ -- lIflW" .lItct I I """",,, , n_j_ (~ i f mr I I I I ~ l """'""'~... ~~~ ~ I I I '[ z. - 2-_""....,; ,..3 - -~.....-I~ _,_ ---=-------+-----1/ - --- 101 II "" I I 'I 1 'j ~-~~;IO :11 -- ~'r _'0 2<>1 0,0 ~ , F-Z. -J- _~__ _ ~. ~-:=--- -- I --I~~-_ -'..... - .... t;J...C,.3I , I A~SI2'<; X:>R. '6 1"2,- 0 2.-0 2.' l~ 02.- 03 \'6- 02. -04 ~ ~" -- ..- .~ Q~9-01 , 1 ..-' --- ~~ .~",-~ ~ !!~C-~.-..._ "''''' ~- '"'-'-" - ~ . ~ II'" ~ ..,.._ ,.,- -- a- ...~_ , ~ lJ1C:-3.a . ~ ' ; _.0 ,.. m. ~" uu r1t .max. i/.~ ,~ . 10 I ,..",., rn1_f'l"1 ...,1 nx ~ , x. = ,- ~ 1100 " " I . . ~ . y~ ~cli~ "~- 1'E,-02-0Z It. 401 Ir., I S'.A CR.ES L-t) RJ;;SloeN"11~L "'- 1'0-02.-02 , "-400 1 4'3 '1'i\ Ac.R.ts f"o2.. ., '-...._--- ----~ l"l >< tIl H III H t-l 'III!J!:....,. _ct'l tIl = ,~~~~~~~ , - ,. Date ReceIved Send Tax Statements to (No change) JAN - 8 2008 Ongmal submlttpl 1< 'IZ 1- /P DECLARA nON OF PROPERTY LINE ADJUSTMENT Gordon Webb IS settIng forth thIs declaratIOn to adjust the boundanes oflegallots that are located wIthIn Assessor's Map No 18-02-09 Ta.x Lot 100 and Assessor's Map No 18-02-10 Tax Lot 100, In comphance wIth Lane County Land Use RegulatIons, the provIsIOns ofORS 92190(4) and the cnterIa and requirements of ArtIcle 33 of the SprIngfield Development Code RECITALS A ("the Webb Property") by deeds that were recorded subdIvIsIOn or partItIOns WIthIn the Webb Property, there are several legal lots that were created before land dIVIsIOn laws reqUIred lots and parcels to be created by B There IS presently a legal lot wIthIn the Webb Property that was created by a deed (SmIth to SmIth), recorded May 9,1895, In Book 37, Page 232, Lane County Deed Records, In whIch Government Lots 6 and 7 were conveyed separately Subsequently, a stnp of land was conveyed to Weyerhaueser TImber Company for a road In a Warranty Deed recorded July 22, 1947, In Book 352, Page 234, Lane County Deed Records ("the Weyerhaeuser Road") ThIS stnp separated the Webb Property Into two noncontIguous tracts and created a separate legal lot consIstIng of that portIOn of Lot 6 lYIng West of the Weyerhaeuser Road and more speCIfically descnbed In ExhIbIt "A" attached hereto and by thIS reference Incorporated hereIn ("Ongmal Parcell") A map depIctIng the legal lot IS attached to ExhIbIt "A" C The remaInder of the Webb Property that hes West of the Weyerhaeuser Road IS a separate legal lot that was part of the real property that was descllbed In Warranty Deed (Bardwell to Wethered) dated J lily 30, 1941, and recorded on October 21, 1941, In Book 222, Page 81, Lane County Deed Records The deed for the Weyerhaeuser Road, whIch created Tax Lot 200, Assessor's Map 18-02-10, and Jasper Road estabhshed thIS legal lot In ItS current configuratIOn and It IS more speCIfically deSCrIbed In ExhIbIt "B" attached hereto and by thIS reference Incorporated hereIn (Ongmal Parcel 2") A map depIctIng thIS legal lot IS attached to ExhIbIt "B" NOW THEREFORE, Gordon Webb hereby declares that the common boundary between OngInal Parcel I and OngInal Parcel 2 IS hereby adjusted to estabhsh the follOWIng reVIsed legal lots 1 FollOWIng thIS property lIne adjustment, the legal descnptlOn of "ReVIsed Parcell" IS more partIcularly deSCrIbed In ExhIbIt "C" attached hereto and by thIS reference Incorporated hereIn The underhned portIOn of the legal deSCrIptIOn IS the adjusted common property hnc After recordmg return to Olson & Morns 380 Q Street SUIte 200 Springfield, OR 97477 x \PROJ.cCTS\3869 WEBB\Correspondence\Dec1ar LLA dot. Page I of6 2 Following thIs property hne adjustment, the legal descnplIon of "ReVIsed Parcel 2" IS more partIcularly descnbed m Exhibit' D" attached hereto and by thIS reference Incorporated herein The underlined portIOn of the legal descnptlOn IS the adjusted common property lme Dated thIS day of ,2008 Gordon Webb STATE OF OREGON ) )ss County of ) ThIS Instrument was acknowledged before me thiS by Gordon Webb, to be his voluntary act and deed day of .2008 Notary Pubhc for Oregon My CommIssIOn ExpIres After recordmg return to Olson & MOTTls 380 Q Street SUIte 200, Spnngfidd, OR 97477 X \PROJECTS\3869 WEBB\Correspondence\Declar I LA doc Page 2 of6 EXHIBIT "A" ORIGINAL PARCEL 1 A tract ofland beIng that portIOn of Government Lot 6, SectIOn 10, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLA METTE MERIDIAN, lYIng Southwest of a tract of land conveyed to Weyerhaeuser TImber Company, a WashIngton corporatIOn, and The Booth-Kelly Lumber Company, an Oregon corporatIOn, by Warranty Deed recorded July 22, 1947, In Book 352, Page 234 Lane County Oeed Records, said tract beIng more partIcularly descrIbed as follows BegInnIng at a pOInt beIng North 87030'09" West 3110 02 feet from the Northeast corner of the John C Looney OLC 39, saId pOInt also beIng the Southwest corner of Government Lot 6, thence South 87030'09" East 516 28 feet to a pOInt on the Westerly boundary of the aforementIOned Weyerhaeuser tract, thence folloWIng along said Westerly boundary North 19003'58" West 55983 feet, thence along the arc of a 522 96 foot radIUs curve left havIng a central angle of 38017'00" an arc length of349 43 feet (long chord of whIch bears North 38012'28" West 342 96 feet), thence North 57020'58" West 11657 feet to a pOInt on the Easterly boundary of the John SmIth OLC 48, thence leavIng said Weyerhaeuser tract and folloWIng along the Easterly boundary of said OLC 48 South 1032'43" West 839 32 feet to the POInt of BegInnIng, all beIng In Lane County, Oregon Said tract contaInS 6 46 acres, more or less After recording return to Olson & Morns, 380 Q Street SUlte 200 Springfield, OR 97477 X \PROJEC I S\3869 WEBB\Correspondence\Dedar LLA doc Page 3 of 6 u~ '; ----=..:y rw,,~~ (Mo__. 01HO , ~~"Cl:....."""..&e~1 ..0.. 'l'.~..!:::g ,0 - 0' 01S-36 .",+ ..";~ .~ o~:r .' . A'OoS'='~:50R. 's 1'"2,-02.-02' 1'0 - ; 3: _~__ 11M , ~ 01S-3./l ~ ~ . ; I, ~ ... " , ~ _.r ' , --"""- --. i ~ - I I I --j,- j :!t; I I I I -I-- I I ~ I "'''''''" tlCltIll ~ .~umu , : I I '31_~-=1."_"~~. - --+ t .------- 101 11 ,~ , I 11 .... 1 II _. of ..0l1Q , ~-~;-~' :M= 'I': -. ~1- 21:>1 "'" "'""~--' I . '\ ~';?..~.!--~~. ,~~ I I ....,~ . 1,..._ ' I' 'i''''" ~--., ,.,.. ; 10110 ! -;-.; qlI9-Q1 ~.: " -~. , I .I il h I ~ . I __ t------ _ I m9- ~5 1 I..! ~. m. "'. ~. na .Fi' ....... _j/4Q:IR.. M' ~ . ~o, IJ.L.~:!G ,~ 1:1 s 019-1y ,l SLCll'R. r..,. nl..o:1l ~ i;\~\,..'A'1' H I 'lOOt ... I . q ~ ! r n"-fl"l " " -'~----- =, ~~ ~ urn:D~~ IIIOtCII .~ c. . "'~ " , . ~ . ....,.. l ~ 1 I ~~-' , , f , 1'0-02. -02- lL 4 g I f\ "-RES I (') I SlD12Nl1LlL L.l) = ..... 1'2>-02-02 --n.. 400 ! 43 1l\ f<:.R"S ~2.. , ....,...-""::.-- ----- -Sl!I:_.~11 w-J~B CREsT 'RANC+r 'Gi"OR.t:oN !M;;B\:., ~~R.. EXHIBIT "B" ORIGINAL PARCEL 2 A tract of land located In the Southwest Quarter of SectIOn 3, the Southeast Quarter of SectIOn 4, the Northeast Quarter of SectIOn 9, the North Half of SectIOn I 0, and the Northwest Quarter of SectIOn II, all In TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, saId tract also Includes Lot 3, Block 3 ofNATRON, as platted and recorded February 20,1892, In Book 2, Page 6, Lane County Plat Records, being more particularly descnbed as follows Beginning at the Southeast corner of the plat of JASPER MEADOWS SECOND ADDITION, as platted and recorded December 13,2004, ReceptIOn No 2004-094865, Lane County OffiCIal Records, thence North 88016'08" West 3256 08 feet to a pOint on the Easterly nght-of-way of the Southern Pacific RaIlroad, said pOint being 30 00 feet, when measured at nght angles, from the centerhne thereof, thence follOWing along said Easterly nght-of-way South 26011 '07" East 210 15 feet to Engineer's StatIOn 'RR' 656+3666, thence along the arc of a 17,17603 foot radIUS curve left havmg a central angle of 50 18'00" an arc length of 158882 feet (long chord of whIch bears South 28050'07" East 158826 feet) to Engineer's StatIOn 'RR' 672 28 25, thence leaving SaId nght-of-way North 58030'53" East 589 77 feet, thence North 63027' 19" East 205 20 feet, thence South 13049' 16" East 461 70 feet, thence North 75058'23" East 766 90 feet, thence South 5010'37" East 1131 74 feet, more or less, to a pOint on the Northerly boundary of the John CLooney DLC 39, SaId pomt being South 88018' 18" East 733 69 feet from the West Northwest corner of said DLC 39, thence South 88018'18" East 397025 feet, more or less, to a pOint on the Westerly boundary ofa tract ofland conveyed to Weyerhaeuser TImber Company, a Washington corporatIOn, and The Booth-Kelly Lumber Company, an Oregon corporatIOn, by Warranty Deed recorded July 22,1947, In Book 352, Page 234 Lane County Deed Records, thence follOWing along SaId Westerly boundary North 1015'02" East 47 0 I feet, thence along the arc of a 522 96 foot radIUS curve left havmg a central angle of 108019'00' an arc length of988 65 feet (long chord ofwhlCh bears North 52054'28" West 847 86 feet), thence South 72056'02" West 794 20 feet, thence along the arc ofa 52746 foot radiUS curve nght havmg a central angle of 88000'00" an arc length of 810 12 feet (long chord of whIch bears North 63003'58" West 73282 feet), thence North 19003'58" West 11087 feet to a pOint on the Southerly boundary of Government Lot 6, thence along SaId Southerly boundary North 87030'09' West 516 28 feet to a pOint on the Easterly boundary of the John SmIth DLC 48, thence along said Easterly boundary North 1032'43' East 839 32 feet to a pOint on the Southwesterly boundary of saId Weyerhaeuser tract, thence followmg along said Southwesterly boundary North 5?020'58" West 11903 feet, thence along the arc ofa 62296 foot radIUS curve nght haVing a central angle of34032'00" an arc length of375 47 feet (long chord of whIch bears North 40004'58" West 36981 feet), thence North 22048'58" West 670 66 feet to the POint of Beginning, all being In Lane County, Oregon SaId tract contaIns 167 12 acres, more or less After recordmg return to Olson & Morns, 380 Q Street SUIte 200 Spnngfield OR 97477 X \PROJECTS\3869 WEBB\Correspondlnce\Declar [LA doc Page 4 of 6 A-5$e-s:x:>R. '$ 1'\1 A P "'os 1'1:,-02-02' 1'0-02-0"1 IhO'2._03 1'0-02..- (D ~. v- , -;:..-; """"--"'1 ~" 1~-C2.-04 1~-02-11 I ,!,-:r-u ~ $l:COft. ~ .~ --:f,.":i'I N~ lEi, ""'""___...;......:_ ""_""'} ... M ... '.~ 1J;<)-37\ '\ --. \ ~._, 019-00 ~ '~'''''~'''''''~''','''.Jo 1',. - l1'l4/14"(:I"..4"......~..,__ ,~~:~.r ':\:'" ,1i~-';;;, ....: _~" 1 J I 11 ' : I I 1, Ii' ~= DETAIL M " ~ ' I _, _ _ _. 'j r - -. - - _ I tl~9- ~5 : 0 19- ~5 I -"i., I ''C''''\, '\, ~ iill\~Jc== ' -- I I . -.- =..:-!, I:l.l. '"" I I JH- 01/, ~~ I_.~ _ -""""- -"-"1 1 1 I --"i~ I 1 1- , I I 1 ~ j 'uurrmo..... ~.. ~ I I I . .4 I ~ ~ ..z.~"""'-,.....~~ - :.:::'+--j, . ---------'0 I II '00 r LIlI7 1: 37~ 1 ~~ < 1'6-02-10 'I" ~"I"." T1.:. \00 I' :Lb1 "'" ~ I F-Z "'I_-=-~ -- --- -- r I"' _.....~ ;;:"':::;""il"'::::oo-- -.. 'S".Lt:. :JI I ."" - ~~ ~~" , . . :!! 019-3.6 . 1 ; ; ~. ".. ~........-.tltlW'.1a13l ,,"'-,,- ., '*, ~ I , , I L I ~ . I. -, n. r-l' ';~ j' .", : . ,... . i~ IJ' "'t I I " DLC _ 0&1 , ',. <m' '= --...---j - .~ 1'0-02-02 1L 401 '01 S' p,~ '-0 ru;:;Sl'DeNl1Al """' ''2>-02.--02 . -n.. 400 , 43 Il'o ""'-'<.B; 1"'2. , --~...-,,=-~-=..-- SI!l!:'" .lQ. ~~~~~ EXHIBIT "C", REVISED PARCEL I A tract of land located In the Southwest Quarter of SectIon 3, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, beIng more partICularly descrIbed as follows BegInnIng at the Southeast corner of the plat of JASPER MEADOWS SECOND ADDITION, as platted and recorded December 13,2004, ReceptIOn No 2004-094865, Lane County OfficIal Records, thence North 88016'08' West 1086 61 feet to a pOInt on the Easterly rIght-of-way of the Jasper Road ExtensIOn as descrIbed In Easement recorded July 18,2007, ReceptIOn No 2007-048814, Lane County Official Records, saId pOInt beIng 100 07 feet, when measured at rIght angles, from the centerhne thereof, thence, along said Easterlv rIght-of-way South 6020' 16" East 49733 feet. thence alon~ the arc of a 1096 52 foot radIUs curve rwht havInQ a central angle of 3044'44" an arc dIStance of71 68 feet (JnnQ chord of whIch bears South 4027'54' East 71 67 feet) to a nOInt on the SectIOn lIne hetween SectIOns 1 ono 10, thence leavInQ saId Easterly rwht-of-wav and folloWInQ alonQ said South lIne South 88003'44" East 1268 60 feet to a nOInt on the Westerly boundarv ofa tract of land conyeved to Weverhaeuser TImber Comoanv, a WashmlIton corooratton. and The Booth-Kellv Lumber Comoanv. an OreQon cornoratlon. bv Warranty Deed recorded Julv 22.1947. In Book 352, Page 234. Lane County Deed Records, thence along said Westerly boundary North 22048'58" West 624 69 feet to the POInt of BegInnIng, all beIng In Lane County, Oregon Said tract contams 15 28 acres, more or less Afterrecordmg return to Olson & Morns 380 Q Street SUIte 200, Springfield, OR 97477 X \PROJECTS\3869 WEBB\Corre~pondence\Declar LLA doc Page 5 of6 EXHIBIT "D" REVISED PARCEL 2 A tract ofland located m the Southwest Quarter of SectIOn 3, the Southeast Quarter of SectIOn 4, the Northeast Quarter of SectIOn 9, the North Half of SectIOn 10, and the Northwest Quarter of See lion II, all m TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, satd tract also mcludes Lot 3, Block 3 ofNATRON, as platted and recorded February 20,1892, m Book 2, Page 6, Lane County Plat Records, bemg more particularly descnbed as follows Begmmng at a pomt bemg North 88016'08" West 1086 61 feet from the Southeast comer of the plat of JASPER MEADOWS SECOND ADDITION, as platted and recorded December 13,2004, ReceptIOn No 2004-094865, Lane County OffiCial Records, thence North 88016'08" West 2169 47 feet to a pomt on the Easterly nghl-of-way of the Southern PaCific Railroad, satd pomt bemg 30 00 feet, when measured at nght angles, from the centerlIne thereof, thence followmg along said Easterly nght-of-way South 26011 '07" East 21 0 15 feet to Engmeer's StatIOn 'RR' 656+36 66, thence along the arc of a 17,176 03 foot radIUS curve left havmg a central angle of 50 18'00" an arc length of 1588 82 feet (long chord of which bears South 28050'07' East 1588 26 feet) to Engmeer's StatIOn 'RR' 672 28 25, thence leavmg said nght-of-way North 58030'53" East 589 77 feet, thence North 63027' 19" East 20520 feet, thence South 13049' 16" East 46170 feet, thence North 7505823" East 766 90 feet, thence South 5010'37" East 1131 74 feet, more or less, to a pomt on the Northerly boundary of the John CLooney DLC 39, satd pomt bemg South 88018' 18" East 733 69 feet from the West Northwest corner of satd DLC 39, thence South 88018' 18" East 3970 25 feet, more or less, to a pomt on the Westerly boundary of a tract ofland conveyed to Weyerhaeuser Timber Company, a Washmgton corporatIOn, and The Booth-Kelly Lumber Company, an Oregon corporatIOn, by Warranty Deed recorded July 22,1947, m Book 352, Page 234, Lane County Deed Records, thence followmg along said Westerly boundary North 1015'02" East 4701 feet, thence along the arc ofa 52296 foot radIUS curve left haymg a central angle of 108019'00" an arc length of988 65 feet (long chord of which bears North 52054'28" West 84786 feet), thence South 72056'02" West 794 20 feet, thence along the arc ofa 527 46 foot radIUS curve nght haymg a central angle of88000'00" an arc length of810 12 feet (long chord of whICh bears North 63003'58" West 732 82 feet), thence North 19003'58" West 670 70 feet, thence along the arc ofa 522 96 foot radIUS curve left haymg a central angle of38017'00" an arc length of349 43 feet (long chord of which bears North 38012'28" West 34296 feet), thence North 57020'58" West 23560 feet, thence along the arc ofa 622 96 foot radIUS curve nght havmg a central angle of34032'00" an arc length of375 47 feet (long chord of which bears North 40004'58" West 36981 feet), thence North 22048'58' West 4597 feet to a pomt on the SectIOn Ime between SectIOns 3 and 10, thence alon~ satd SectIOn Ime North 88003' 44" West 1268 60 feet to a Domt on the Easterlv rwht-of-wav of the Jasoer Road ExtenslOn as descnbed 10 Easement recorded July 18,2007, Recenlion No 2007-048814, Lane County OffiCial Records. said nomt bemo 100 07 feet. when measured at rwht anQles from the centerlme thereof. thence along saId Easterlv w.,ht- of-way alanQ the arc ofa 109652 foot radms curve left havlnf1 a central ancde of3044'44" an arC' lpnfTt}, of71 68 feet (lon~ chord of which bears North 4027'54" West 71 67 feet). thence North 6020' 16' West 49733 feet to the Pomt of Begmnmg, all bemg m Lane County, Oregon Satd tract contams 15831 acres, more or less After recordmg return to Olson & Moms 380 Q Street SUIte 200 Spnngfield, OR 97477 X \PROJECTS\3869 WEBB\Correspondence\DecJar I LA doc Page 6 of6 " - :r.: CASCADE TITLE CO DI!~~III~~~~I~~~~ STATUS OF RECORD TITLE SUPPLEMENTAL JAN - 8 2008 REPORT On91"al SubmIttal /{d<., MIKE FARTHING 462 KODIAK STREET EUGENE, OR 97401 Our No CT-0256585 Date January 7, 2008 Charge $200 00 Government Serv~ce Fee $25 00 As requested, Cascade Tltle Co has searched our tract lndlces as to the followlng descrlbed real property ATTACHED) and as of DECEMBER 31, 2007, at 8 00 A M we flnd the followlng Vestee GO!liJON WEBB Sald property 15 subJect to the followlng on record matters 1 As dlsclosed by the tax rolls, the premlses hereln descrlbed have been zoned or classlfled for farm use At any tlme that sald land 15 dlsquallfled for such use, the property wlll be subJect to addltlonal taxes or penaltles and lnterest 2 As dlsclosed by the tax rolls, the premlses herelTI descrlbed have been zoned or classlfled as forest lands At any tlme that sald land lS dlsquallfled for such use, the property wlll be subJect to addltlonal taxes or penaltles and lnterest pursuant to the provls1ons of ORS Chapter 321 3 Rlghts of the publlC ln and to that portlon lYlng wlthln streets, roads and h1.ghways 4 Easement for lngress and egress, lnc1udlng the terms and provlslons thereof, granted Mt June Forest Products Co by lnstrument recorded ln Book 345, Page 539, Lane County Oregon Deed Records 5 Power Ilne easement, lncludlng the terms and provlslons thereof, to DUlted States of Amerlcal as dlsc10sed by Notlce of L1S Pendens, C1Vll Case No 68-29, recorded January 25, 1968, Receptlon No 12076, Lane County Offlclal Records 6 Access Road Easement, lncludlng the terms and provlsl0ns States of Amerlca, recorded August 6, 1969, Receptlon No Offlclal Records thereof, granted Unlted 76333, Lane County contlnued- MAIN OFFICE * 811 WILLAMETTE ST FLORENCE . 1901 HWY 101 - s 2 EUGENE FAX 485-0307' E-MAIL . EUGENE, OREGON 97401' PH (541) 687-2233 . FLORENCE, OREGON 97439 * PH (541) 997-8427 lnfo@cascadetitle.com * FLORENCE FAX. 997-8246 7 Easement for gas plpellne, lncludlng the terms and prov1s1ons thereof, granted Northwest Natural Gas Company, by lnstrument recorded october 5, 1961, Receptlon No 46166, Lane County Oregon Deed Records 8 Deed of Trust (Llne of Credlt), lncludlng the terms and provlslons thereof, executed by Gordon A Webb, to Flrst Amerlcan Tltle Insurance Company, Trustee, for the beneflt of Umpqua Bank, Beneflclary, dated September 29, 2003, recorded October 1, 2003, Receptlon No 2003-096189, Lane County Offlclal Records, to secure payment of a note for $240,000 00 (Includes other property) Sald Deed of Trust was modlfled by Agreement dated October 25, 2004, recorded October 27, 2004, Receptlon No 2004-083124, Lane County Offlclal Records Sald Deed of Trust was modlfled by Agreement dated December 9, 2005, recorded December 14, 2005, Receptlon No 2005-099175, Lane County Offlclal Records Sald Deed of Trust was modlfled by Agreement dated November 27, 2006, recorded December 1, 2006, Receptlon No 2006-086562, Lane County Offlclal Records 9 Agreement for Constructlon of PubllC Improvements Jasper Road ExtenSlon and for Dedlcatlon of Rlght of Way to Lane County, lncludlng the terms and prOV1Slons thereof, executed by Gordon Webb, The Clty of Sprlngf1eld, a mun1c1pal corporatlon, Lane County, a polltlcal subdlv1s1on of the State of Oregon and others, recorded June 25, 2004, Receptlon No 2004-048548, and supplementary Agreement recorded September 20, 2007, Recept10n No 2007-065450, Lane County Oregon Deed Records 10 Easementl lncludlng the terms and provlslons thereof, granted to Lane County, a polltlcal subdlv1s1on of the State of Oregon, by lnstrument recorded July 18, 2007, Receptlon No 2007-048814, Lane County Off1clal Records 11 SUlt ln the Clrcult Court of the State of Oregon for the County of Lane, Case No 16-07-19692, flIed September 7, 2007, entltled Hayden Homes, LLC, vs Gordon Webb Propertles, now pendlng NOTE A Notlce of L1S Pendens was recorded November 27, 2007, SUlt No 16-07-19692, Recept10n No 2007-078930, Lane County Off1clal Records NOTE Taxes, Account No 0567097, Assessor's 2008, 10 the amount of $428 66, PAID IN FULL (Potent1al Tax Llab1l1ty - Farmland) Taxes, Account No 1342326, Assessor's Map No 18 02 2008, 1n the amount of $1,053 14, PAID IN FULL (Assessed (Potentlal Tax Llablllty - Farmland) Taxes, Account No 0567345, Assessor's Map No 18 02 10, #100, Code 19-15, 2007- 20081 1n the amount of $433 41, PAID IN FULL (Assessed wlth addlt10nal property) (Potentlal Tax Llabll1ty - Farmland/Forestland) Map No 18 02 09, #100, Code 19-15, (Assessed wlth addltlonal property) 2007" 09, #100, Code 19"32, 2007" wlth addltlonal property) ThlS report 15 to be utl11zed for lnformat1on only basls for transferr1ng, encumberlng or forecloslng ThlS report lS not to be used the real property descrlbed as a contlnued- Date Received: JAN - 8 2008 Onglnal SubmIttal The llablllty of Cascade Tltle Co 1$ Ilffilted to the addressee and shall not exceed the premlum pald hereunder CASCADE TITLE CO , by I /~ l;'--/ ) ! kd/Tltle Offlcer KURT BEATY cc LB OLSON & ASSOCIATES, INC DBA OLSON & MORRIS ATTN PAM CLARK EMAIL PAM@OLSONANDMORRIS COM PROPERTY DESCRIPTION PARCEL 1 A tract of land belng that portlon of Government Lot 6, Sectlon la, Townshlp 18 South, Range 2 West of the Wlllamette Merldlan, lYlng Southwest of a tract of land conveyed to Weyerhaeuser Tlmber Company, a Washlngton corporatlon, and the Booth-Kelly Lumber Company, an Oregon corporatloll, by Warranty Deed recorded July 22, 1947, In Book 352, Page 234, Lane County Deed Records, sald tract belng more partlcularly descrlbed as follows Beglnnlng at a pOlnt belng North 870 3D' 09" West 3110 02 feet from the Northeast corner of the John CLooney DLC 39, sald pOlot also belng the Southwest corner of Government Lot 6, thence South 870 30' 09" East 516 28 feet to a pOlot on the Westerly boundary of the aforementloned Weyerhaeuser tract, thence followlng along sald Westerly boundary North 190 03' 58" West 559 83 feet, thence along the arc of a 522 96 foot ractlus curve left havlng a central angle of 380 17' 0011 an arc length of 349 43 feet (long chord of WhlCh bears North 380 12' 2811 West 342 96 feet), thence North 570 20' 58" West 116 57 feet to a pOlnt on the Easterly boundary of the John Smlth DLC 48, thence leavlng sald Weyerhaeuser tract and followlng along the Easterly boundary of sald DLe 48 South 10 32' 431J West 839 32 feet to the pOlnt of beglnnlng, all belng lU Lane County, Oregon PARCEL 2 A tract of land located lD the Southwest quarter of SectloD 3, the Southeast quarter of SeetlOD 4, the Northeast quarter of Seetlon 9, the North half of SectloD 10, and the Northwest quarter of Seetlon 11, all ln Townshlp 18 South, Range 2 West of the Wlllamette Merldlan, sald tract also lDeludes Lot 3, Block 3 of NATRON, as platted and recorded February 20, 1892, lTI Book 2, Page 6, Lane County Plat Records, ln Lane County, Oregon, belng more partlcularly descrlbed as follows BeglnD~ng at the Southeast corner of the plat of JASPER MEADOWS SECOND ADDITION, as platted and recorded December 13, 2004, Receptlon No 2004-094865, Lane County Offlclal Records, thence North 880 16' 08" West 3256 08 feet to a pOlnt on the Easterly rlght-of-way of the Southern Paclflc Rallroad, sald pOlnt belng 30 00 feet, when measured at rlght angles, from the centerllne thereof, thence followlng along Bald Easterly rlght-of-way South 260 11' 0711 East 210 15 feet to EnglDeer's Statlon 'RR' 656+36 66, thence along the arc of a 17,176 03 foot radlus curve left havlng a central angle of 50 181 00" an arc length of 1588 82 feet (long chord of whlch bears South 280 50' 07" East 1588 26 feet) to Englneer's Statlon 'RR' 672 28 25, thence leavlug sald rlght-of-way North 580 30' 5311 East 589 77 feet, thence North 630 27' 19" East 205 20 feet, thence South 130 49' 16" East 461 70 feet, thence North 750 58' 23" East 766 90 feet, thence South 50 10' 37" East 1131 74 feet, more or less, to a pOlnt on the Northerly boundary of the John CLooney DLC 39, Bald pOlnt belng South 880 18' IS" East 733 69 feet from the West Northwest corner of Bald DLC 39, thence South 880 181 1811 East 3970 25 feet, more or less, to a pOlot on the Westerly boundary of a tract of land conveyed to Weyerhaeuser Tlmber Company, a Washlngton Corporatlon, and the Booth-Kelly Lumber Company, an Oregon corporatlon, by Warranty Deed recorded July 22, 1947, lTI Book 352, Page 234, Lane County Deed Records, Contlnued - Date Received JAN - 8 2008 Onglnal SubmIttal PROPERTY DESCRIPTION - contlnued - PARCEL 2 thence followlng along sa~d Westerly boundary North 10 15' 02" East 47 01 feet, thence along the arc of a 522 96 foot radlus curve left havlng a central angle of 1080 191 OOH an arc length of 988 65 feet (long chord of WhlCh bears North 520 54' 28u West 847 86 feet), thence South 720 56' 02" West 794 20 feet, thence along the arc of a 527 46 foot radlus curve rlght havlng a central angle of 880 00' DO" an arc length of 810 12 feet (long chord of WhlCh bears North 630 03' 58" West 732 82 feet), thence North 190 03' 5811 West 110 87 feet to a pOlot on the Southerly boundary of Government Lot 6, thence along sald Southerly boundary North 870 30' 09" West 516 28 feet to a p01.nt on the Easterly boundary of the John Sm1.th DLC 48, thence along sa1.d Easterly boundary North 10 32' 4311 East 839 32 feet to a p01.nt on the Southwesterly boundary of sald Weyerhaeuser tract, thence follow1.ng along sald Southwesterly boundary North 570 20' 5811 West 119 03 feet, thence along the arc of a 622 96 foot radlus curve rlght havlng a central angle of 340 32' 00" an arc length of 375 47 feet (long chord of WhlCh bears North 400 04' 58" West 369 81 feet), thence North 220 481 58" West 670 66 feet to the p01.nt of beglnnlng, all belng In Lane County, Oregon ~""j.5. dj!; ".. , sr ~~;; ~- ", \ Date Recelve1 . JAN * 8-2008 +-----. "_ - -"-', J__.. --~--~rr~ 9 i based upon said Deciaration of Taking enti,tled United States of America, plaintif I'~ I 10.,1- VB' -Lvnm-tc Skirvin nOO Irene T -skirvin, husband and-w1fe Federal Land"'BaIiKo ~l " , I 11 i Spokane, William H Rennie and Suzanne Rennie, husband and wife, James Gossler, ~I " Flora B Lajoie and Everett R 13! Beatrice E , " t: ~~ .... j ,- , , ~, ' 14 tl' ; P , ~:: 15 ~' 'i"~ 16 ~' 17 ']!- t;, 18 ~, I it, , , 19 fiIJ. rrP 20 ,~- i 21 ~~ 22 23 24 20 26 -l2i1'it' - NOTICE OF LIS pENORNS CIVIL NO 68-29 OrlglOal SUbnuttaL 1 2 NOTICE IS HEREBY GIVEN that on the 18th day of January, 1968, the "r '( : I , i \ 1 J , I ,c. 3 United States of America hIed, in the United States District Court for the t._ Di8tr~ct of Oregon, a Declaration of Taking of pe~etual easements and rights vire, defend8nt8~ Civil No 68-29, to acquire said estate in said land~ to '~l.l-i:.~ttnrjU8t compens~t.1tmtob~ -~id the~e~ and to diatrd.bute 8uchjuit~ L.:;. '-~ 29 compensation among those entitled thereto 30- 31 ~ 32 '- 4 o over. upon snd across the land more particularly described and designated in 6 Exhibit "All annexed hereto, LInd deposited in the Registry of said Court the 7 estimated just compensation for the taking of said estates in said land, and on 8 the sa~ day the United States institute in said Court condemnation proceedings Lajoie. wife and husbaud, Delbert K Mitchell and Mitchell, husband and wife, Don Hendricks and Billie E Hendricks. husband and wife Wildiah Land Co , an Oregon corporation, Floyd L Harlan and Rochelle Harlan, husband and wife, G L Harlan, River Bend Estates, a co-partner ahip consisting of Sidney A Millissn and Lillian H Milligan, husband and wifo, E H Wood and Adell H Wood~ husband and wife, Stanley W Daugherty and Nelda ~ , J Daughterty. husband snd wife, Charles Wiper, Jr , and June C Wiper, husband Bnd wife, Robert E Dirt and Gertrude C Hirt, husband and wife, George P Lynch and and Pauline Lynch. husband and wife,/Marshsll Dann~n snd Ann B Dannen. husband and wife~ ~arry 5 Smith ond Mildred Smith, husband snrlwife, Drrey J Hudson snd Rita Hudson, husband and wife, Val Lee and Laura Lee, husband and wife, Edvar,j R Jarvis, a siog1.e man. Harry J Jarvis and Jane Doe Jarvia, huaband and wire, ~~ Carl R ~owry and Donna Lowry, husband snd wife, Beatrice Thomas Winter, Jean Edmonson, and Lane County9 a municipal corporation and political subdivision of the State of Oregon, and ~lcolm W Edmonson Bnd Mary Ellen Edmonson. husband snd Dated at Portland, Oregon, this ,;t~.;1 ~ey of Jeno:ry, 19S8 ~. ~_ Q ---p r-:t.- _ J ~B"'. -1~ A siBtept United Stetes AttO) . '? :1 $l'Qw--(I..)U...TU ~.;~.. lMV.J ~:::!, ~~j- ~";; " '~!' ~<'!I ~"<~' .,-,.y--"~ ~ ~t;-:.' tJ;" ;.,;l.\; - (...$ .."., l.~ ".... Wi ~ l:. ;,/~',. '/Ji' < >:;l~". 111....4 ~ ;;~ ~>< l!j,~: ~: t, '0( "" ,- ti--~ :lit L- r ~, '- , ~.... ~.' ~ ~ o :....'~> _~ i \ ) ) -( _ 12U7L , ~ , , , Tracts MA-37, MA-38B, MA-A!l-55-4, Parcel 2, MA-A!l-56-1, MA-43, MA-50, MA-50-DT, MA-54, MA-54-DT, MA-A!l-58-1, Parcell, MA-.AR-59-1, ,- MA-A!l-59-2, Parcell, MA-AR-59-4, Farcel 2, MA-333, MA-333-DT, MA- 3$.0 1 2 3 4 ~ 5 6 7 8 ..I!...IillJ....L.L A I EASEMENTS FOR ELECTRIC TRAIlSMISSION LIl'lE " Perpetual easements to construct, maintain, repair, rebuild, operate 9 and patrol one line of' electric pmrer transmission structures with con- 10 ductor BUd necesB6ry~Bppurtenances, and the further right to clear the 11 rights-of-way here1naf'ter described, e.nd to keep the same clear of brush, 12 timber, structures and fire hazards (provided, however, tbat the 'WOrds 13 14 15 16 "fire hszardsrr shs.ll not include annual agricultural crops) and to d1.s- :pose 01: such bruab, timber and structures, by sale or other mesns, in such manner sa shall not create 8 fire hazard, over end UPOD L--- Tract MA-37 17 That portion of a strip of land 150 feet vide that i~er and 18 acroa B the folloving desert bed land } 19 Beginning at a point 677 69 feet S 89' 24' 30" E :from the 'West one-quarter corner of Section 30 in To'WD.- ahip 17 South, Range 1 West of t4e WUlamette Meridian. rumling thence N 440 17' 10" W., 136 91 feet> thence N 16" 09' 1511 W ) 621 14 feet,-thence N 170 211 E , 219 75 teet, thence N 88" 06' 30" E , 1029 80 :feet, thence B. 0" 21.' W., 2322 21 feet. 'thence N 890 24' 3011 W., 253 29 feet, thence N 40 101 45" E , 683 02 f'eei;, 'thence'N 440 171 10" W , 898 0 feet to the point of beg1Jm1.ng, 1n Lene CO\mty, Oregon .- , -, J1 -.z ~ ~ iJ1 '@ ~ t _,~ C"~.:.c c,' _~~ .. - f -~ ;a i 20 21 22 23 24 25 26 The boundaries of said J.50-foot 'Wide strip, of l.and are located 75 feet . f'ran, on each side of} ancI parallel 'With the survey Une for 'the Bonne- . ,~_,Jt;~:t:~~.1!"'?->--.'" - - -- ---- - ~=-=-= ~ 28 29 survey line being dl>scr1bed~th referenc~ to the OregQj' CoordJ.i",.t. C.. :"'~':';"'" -South Zone I 88 follows. 3Q. , ---C Eeg1mrlng at B point in the north line of aaid Sec- tion 30, S 88' 52' 30" E., 58.8 1'_ from the north QJfll1'ter .p "".., - - - ..'" ,! . ~~~~.?~~~ ." ~ . ~ ..~ " , (-;:t I' "- c 'r f" i , " " , <:. ;,... ,- , " . , ,- I". ~~, ~~:t '-f ~~ ~y J~l':\ '^' ~". ~p ;-r;" ~~~i ~ pt~\ Pi ~, ~ ft~~'" ',''''' ~~; r,!te; ..,~..-.~:. ( 1 2 3 It 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 - ~--'" 29 30 ?-... \ Data Received 1207() ~ -- JA-N - 8 2008 ". ;:- .,..,1;1} lr./:-' ;,,,1j ," .l~'1i ""-'!r iW ~1!1 Tract MA-'(~ ~ ~~ That portion of a strip 01' land 150 :feet W1..de that 1s Cf'{er and ___'. tL~~ llQvt nO' ~bf.l"r1bed _l8nd -"" ~.-...~_..--......,..., - --.- -_.~....~---=-.:?~?- ~~-~ . '.... Beginning at a point 1,976 36 feet Bouth and 256 99 .,;W; feet east or the northwest corner of Section 31, Tmmsh1p .~ 17 South, Raoge 1 We.t <<:t; the \Iillmnette lIeridian, Gaid I 2 ~ ~ !'/ \ OngInal SubmIttal c.orner of said Section 3D, 'Wh1.ch beginn.i.ns point is desig- nated 8s survey station 1956 + 51 OJ and running "'thence S 22" 46' 20" W' , 6498 8 f"eet to a point 1n said survey line in Section 31 of' said towsh1p and range} S 350 421 00" E , 958 7 :feet frem the nortlnreat corner of said Section 31J sald ending point is designated aa survey station 2021 ... 498 I Tract MA-38B A strip of land 150 feet wide over end acrOBS Lot 9, SectioA.... 30, Towshtp 17 South, Range 1 West) Wl11(:l,ll1ette Meridian, Lane County, Oregon, oM the follC1\dng deacribed land Beg1nn.ing at the northwest corner of Section 31, Town-- ahip 17 South, Range 1 West of the- \lillamette Meridian, and rwm.1ng thence \rest 5 90 chains, thence south 5 52 cha1n8~ thence east 1.50 cbains, thence south laD 421 east. 4..$7 chainB to the center of the county road~ thence along the center of said road N 76'" E 3 50 cbains~ thence N. 85io E. 2 chains, thence S ~o 20' E 12 50 chains, thence leaving said road N. 41-;l E 3 20 chains, thence northerly dcrwn the ceJlt.er of a slough to the north line of said Sec~ tion 31, thence 'West "13 69 chains to the place of beg1.tm1ng) all. in Lane Cmmty I Oregon The boundaries of Baid 150~foot wide strip of land are located 75 feet nan, on e~h side of, and parallel with the surv~y line for the 13onne- villa Fbwer Administration Marion-Alvey No 1 transmission Une, said survey line being described with reference to the Oregon Coo~te System --South Zone, as follows Beg1nning at a point in the ~orth line of said Sec- tion 30) S 880 7"21 30" E ~ 58 8 rtlet f'ram the north quarter corner of said Section 30~ \fhich beginning point is designated aa survey station 1956 + 51 0, and running then..ce S 220 461 20" W., 6979 0 feet to eurvey station 2026 + 30,0, thence S 23" 47' 20" W , 1132 0 feet to the west ll.ne of said Section 31 at. 6 point S 20 00' 20u W , 2226.0 :feet fiCIn the northwat corner of said Sec- tion 31, Wieh ending poi.n't-1e -dee1gnat.ed aB survey sta- tion 2037 + 62 0 ~ jA.~~F\;~'~i~i~:i".).it:&,~-t ..:r~~~_"1"I:L~.W'\< ",,,"-":1.j~..::t.~,,_~i"_.."';\" '\ '-~-.&. ~ h ... '" ,'O.:,~q;",>>;;iiI~~~~~.\.~~;!l;"..\Ij."'''l< ~ -, ,,~~~,...-~... ....;-7~~~~... i.\..... ~i ~,L ( ~;:~-til L<~i! \1 0/; ~~ ' ~t' 1 ~ ~ 2 , .' .' 3 ), ,;... 4 " ..- 15 : 6 '. ." . " 7 "'- O~ '.- L- a , 9 , 10 ;:-- f 11 12 '. 13 .' -1 14 I' . . ---' 15 <~ 16 r: 17 ,,~ 18 19 20 21 22 1 '2(1 ;f I -, ..... poin:t being on the north rlght~of-VBy line 'If McKenzie Highway, then~e N 10 04 I 45 II W , 650 14 feet to the ce::lter line of irrigation ditch, thence along the center line of said ditch the following bearings and distances S 880 241 E , 89 19.teet, thence N 740 38' E , 23030 fe:et, thence leaving said center line S 30 161 15" E , 640.38 feet to tb.e north right-of-way Une of McKenzie Highway, thence ilong said right-of-YaY line S 780 22' W , 343 1.6 feet to the point of beginning in Lane County, Oregon > The boundaries of said 150-foot 'Wide strip of land are located 75 feet fram, on each aide Of, aDd parallel with the survey line for the Bcnne- ville Pover Mm1nistration Marion-Alvey No 1. transmission line, said survey line belng described vith reference to the Oregon Coordinate SYBtem--South Zone as follovB Beginning at a poic:t S 350 421 00" E , 958 7 feet from the northwest corner of 6aid Section 31, which be- ginning point is designated as survey station 2021 + 49 8. and running thence S 220 46' 20" W ) 480 2 feet to sur- vey station 2026 + 30 0) thence S. 230 47' 20" W , 1132 0 feet to a poiht in the west line of said Section 31} S 2" 001 2011 W } 2226 0 feet from the northwest corner of said b~ction 31} which ending point is designated as survey station 2037 + 62.0 Tract MA-50 A strip of land 150 feet vide over and across -the foll~ng described land in Lane County, Oregon I ~ .AlJ. of tile follawing 1ying eas-t. of County Road No. 266 The S~Yt of SectloD. 2} Government Lot 1 in Section ll. Government Lot 7 in Section 10;- also o' :b~ng at the northeasij corner of John Looney Dona- j tiOD Land Claim No 39 in Section il} running theo.nce ~ N 89~ 411 w , 47 78 chains to the most northerly nortb- ~~~ west cornel;" of said Claim No. 39. thence south to the ;r-j: re-entrent corner of sa.id Claim No 39. thence east to .;....$ a point 10 70 chau.s Bouth of the pblnt of beginning} ~ thence north 10 70 chains} more or less} to the point of .,W:t beginning, all in Township 18 South} Rtillge 2 West, Wil- ~?l lam.ette Meridian .:1i: Government Lot 6 in said Section 10 >~~ : The aouth 10.70 che1ns of the John Smith Donation Land (i i ~-.:.:.::..-~- ~~~--~-~:tJf6W;mlU; ..-I'--~"'...J _.....r~ ~-=--~--::--~~-=-- ~ line which is east 71-5 '4 teet frm t.he northwest carner ~I 29 of John Looney Donation IiaDd Claim No 39} said township .\( BDd r~) and which. line rtmS N 60 5~' 11 , a distance ~ 30 of 1131 1 feet. ~....'" ~ 'O..::i'>;IWl~~~~..'<fW,,_"t...4!.~I:U~l:"'f~....iUW,.,J>;1..l~ll.r...I:~"I.~(:I.~n~-li'1J';-~~~~~,4f.;!.~"iN,;~}:'-';<SLltir~~~~~llll/G:&.,g;.'.tit!JI: 23 24 25 3 .,,- ;:-~'I',N ~ f ~' , -rJ, "" ( 1 2 3 4 5 6 7 8 9 10 II 12 13 14 t 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 "'J' " , 'ft ~ f, . i1'.,,, \ Date Recelved " / -\ JAN - 8 2008 1 (,?fr;-;, Onglnal Submittal Except for the lOO-foo~ght-Of"-vay for the ~ Weyerhaeuser Company truck road ~e boundaries of said 150-foot wide strip of land are located 75 feet fi'an, on each side of J e.od parallel with the survey line fu'r the Bonne:v-ille Pover Administration Marion-Alvey No 1 transmission line, said' survey line being described with reference to the Oregon , Coordi.nate Syetem--South Zone 68 follows Beginning at 6 :point in the east 11ne of Section 2, Township 18 South, Henge 2 West J Willemette Meridian, S 20 04 f 40" W , 762 9 feet from the cast quarter sec- tion corner of" said Section 2, which beginning point is de-signated as survey station 2131 + 39 7. and running thence.s $" 051 40/1 W I TI26 7 feet to survey a-ca- tlon noB + 66 !~J thence S 70" 30' 00" W J 4133.6 fMt to a point which is S 14" 421 20.1 E J 850 9 feet !rem the re-entrant corner of the John Looney Donat~on Land Claim No 39, lJ.'owship 18 South, Range 2 West, Willamette Heridian, wich ending point is designated as survey si;a- tlon 2250 + 00 Together vith DANGER TREE RIGfrl'S Cons! s"bing of' the nght to fell, limb an4 top all trees, brush and snags located on the following portions or- the lands in the ..~e awner- ship as Bald Tract MA-50 '--- '- Tract MA-50-DT A strip of land 25 feet vide on the southeasterly Bide of said E~6ement Tr&~t MA-50 from polnta opposita survey stat..Lon 2174 + $) to pointe opposite survey sta- tion 2175 + 50 A strip of lend 35 feet vide on the southeasterly side of (laid Easement Tract MA-50 from points opposite survey station 2176 + 50 to points app06~te survey sta- tion 2178 + 00 A strip of land 45 feet vide on ~he northwesterly side of said Easement Tr8~t MA-50 from points opposIte BUXV'ey station 21/55 + 50 to points oppobite survey sta- tion 2166 + 50 ..~""'tl'w__r ~:. ..;~eet-~::-~ ::.not.....~"""-"'~~::.-.-:--::--:~ side of said Easement Tract MA-50 from points opposite survey atation 2179 + 00 to points opposrte survey sta- tion 2187 + 00 4 ,~ , ;1lI.l-~U\~:;w..""""...t_"""~ ~Jt;." 'r'-"'~' I. r.... ~l.t .(Jr*,~.,.,,-.p-/..'i.t'" ~ (..;:....~~~i1\:-'lt 6;.~~.!.( t 1tJJ:-v~-;"l ",}-.i,,'" _"-!.o.,~"~""I,,~lttfi:J!! ~ ( " ~, -" ;"'"i' , , b~~"'..-~ s, -'_:::~r~ ~.; -11 -- ~'i~' 1 ~/1 , ~; ( 1"<" Lt.. "-' ~ ;<::'J\ "" f e i; ( -' " " ~\ " k , , . w' ~-- ew' ~;~ Vm'F , , , 'II" ~., - N~" ~,; ~~ I~~" ,<t :;,', ..'. ~" "'11_ , \rt:. ~. ~t~- -25 26 \ v :) ) 1~(J;~1 1 which trees, brush and s.naga are. at the date of filing the declaration 2 ot talCng 1n the above entitled :proceeding, of 6uch height and location 3 tha:t they could fal.l w1tbip 55 feet of the survey line for said Marion- 4 Alvey No 1 transmission line, together w1~ the right to sell, DUrn, or 5 6 otberwise destroy said trees, bruah and eDagBj provided, however) that such rJ.gbts shall be exercised only in aucb manner that no fire hazard 7 8 shall be created '!ract MA-54 9 A etr:fp of land 150 fe~ wide over and acrOBS the following 10 described land in Lane County 1 Oregon. 11 Beginning at the northeast corner of Goverronent Lot 10 in the vest line of John Sm1 th Donation Land Claim :N~ 48, in Section 9, Township 18 South} Range 2 WeBt, Willamette Meridian, thence ea9t to the east line of' the "ell" of said claim, thence south to the present channel of the Willamette Ri~er, thence follow- ing the present channel northerly to intersect the vest line of said claim, thence north to the po~nt of be- ginning 12 13 14 15 16 Also Government Lot 10 of' See-tion 9, Tmmship 16 South, Rnnge 2 WeDt, WJ.ll8ill.ette Meridian, lying northerly and easterly of the northerlJ and ea.aterly line of the I :present cb8DIlel, aa of December, 1959, of the middle _~ fork of the W~llemette River ~ 17 18 19 The boundaries of said 150-foot 'Wide stnp of land are located 75 20 feet fran, on each side of, and parallel 'With the survey line for the 21 Bonneville Po1rer Afuninistration Marion-Alvey No 1 transmission line, 22 said survey line being desc~1bed 1rltb reference to the Oregon Coordinate. 23 24 Syatem--South Zone a8 follows 27 Begimung at a potnt S 14' 42' 20" E., 850.9 feet f'rom the re-en-trant corner of t~e John Smii.h Donation La.:od Claim No~ 48, Township 18 South~ Range 2 Wea-t, Wi1- l_tte Meridian, "hich beginning point 16 des1gnated 66 survey scation 2250 + 00, and r~ thence S 70P 301 00" \( , 5000 0 :feet to a point N 220 191 2011 E , 822 9 feet :from the southwest corner of Section 9, Township J.8 South, Range 2 Wast, Willamette M~rid1an, 'Which ending ~J"' oi,.iiIj;";_oZ ~-' .... - c~l.'11lJB!~L:LQQ,::: ~b_._ --~--- ~- 29 Together vi tb 30 5 '" \0 ....","'",,"'...,'- '~*.--...~~~~-.:~...:,'t>'" ~-f.,l., ~ 1!.<;;v--vfr:,;-?~\tt~Wl.l>t1!i~'Lif~j---~i':W~.&;;,tlt..-r-~ ~ .- " .~ ,,~ .'. '\i~ ~~ :za ~ ~~ J _:i ,~ ..,. iI I :1 .M'I , r' < - " " " r. , < , ~~ -, [~: ~< t", ,; c. " ~ t:~ !~l " ~ ~, ~'j~ '. ~ f~J I\ij ~ ;f~ ~ 1.:- lu ~~, \. ,!. , .;: ( 1 2 3 4 5 6 7 8 9 w 11 12 13 11, 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 -~.:-->=- 30 . \ Date ReceIved 1207(, JAN - 8 2008 ~ DANGER TREE RIGHTS Onglnal Submlttf'1 Consisting of the right to fell, limb and top a.ll.. trees, brush and snags located on the following p::lrtions of the le.p.ds 1n the same owner- ship as said Tract Nil-54 Tract MA-54-DT A strip of land 45 1"eet wide on the southeasterly aide of sa! d EasemMt Tract MA-54 :from the east line of the "ell" or 6~d DonatiDn Land Claim No 48 in Section 9, Township 18 South, Range 2 West, Willamet1.e Meridian, to points opp0sJ.te survey station 2256 + ho A st-rip of land 45 feet wide on the northwesterly 81de of said Easement Tract MA-54 from the east line of the lIeDlI of 8~ d Donation Land Claim No h8 10 Section 9, Townsh:l P 18 South, Runge 2 West, Willamette Meridian, to points opposite survey station 2255 + 60 vh1ch trees, brush and snags are at~he date of f~ling the declarntion of taking in the above entl tIed proceed1ng of such helght and location that they could faLL 'Within 55 feet of the survey llne for said Mar1on~Alvey No 1 transmission line, together with the right to eell, burn or other- wise destroy said trees, brush and snags, provided, however, that such Tlgbts shall be exercised only in such manner that no rire hazard shall be created -lllirt Tract MA" 333, A strip of land 150 f~et wide over and acrOBS the following described land Beg.....r.mi.ng at the northesa C corner of the William Russell Dona:;ion Land Claim No 46, Notificc-tioD No 7284 in TO'WIlsh1p 18 S(luth, Range 2 "'~Bt of' the Willamette Meridian, and running thence south 50 16 chains to the southeast corner of said Claim No 46, thence west II 23 chaine to the nortbeast COrIle-r of' Lot 5 of Section 20, thence south 4 35 chains, more Of lebs, to the 80utheast corner ot: said Lot 5, thence \/8st a 77 chains 1;0 the south- west corner of said Lot 5, thence 110rth to the northwest corner o~ satd Lot 5, theuce N 740 32' W , 33 16 chains along or near the ml.ddle of the channel of the coast fork of the Wi1lamei:t.e River to a_point on the west line of the said William Russell Donation Lend C1.aim No 46, 8 85 chains north ........ ........... Uy~-a.rIre-"'~'v..... 'the- tlatm, "1....................... ................... ~.ff--r;_~""- ~..~...;..__.._~.J.8 _~A l~"" west on the sect.1on line 37 09 chains, more or less, to the center of the channel of the coast fork of the Willamette River, thence northerly e.long the center of" the said river ~ '" ...$",,, , " -!~~ ~ -,' . ~;t'1 ~:}~;i "i.'lt-lg --:::~ \ t-4J'!:\ ~ .;rl~~ -.-'o~irl:';r r ~~:f~ .,u'"i~ ~ ':ffi' "1 "' ~ ''''.g; -'.~~r~t, "~ ~)# I i!1. ~~--:t ~~ - 6 '" . .""'. ~ ~."t{~~Jn\?f~'I~~sdf!r"~1i';i.1,1~ ;f~jf~~"" &.!\"'\$.J\ ~~~~';:,l,t-p ~ft.."1..i~' Jj;' ~~'u:);!~Jt~}~A!J\1:!.i~.3~~~\)1t!...it"J$'~ ~.o!!b''!:vt~~'ft~.... f' , < ~ ," " ~ $! , ~' ; , ' tr- '<I';> It P,: ~ rt !~ ,'{ i 11 I I .~ , ( 1 2 3 4 5 6 1 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 Q2 "'23 24 25 26 27 26 . 1207f1 --eo--=.: H '" Said 150-f'oot strip of land liea on the northerly aide of, runs parallel with, ana adjoins the existing 150-foot right-of-way for the Bonneville channel 50 00 chains more or leaa to a point 10 chains north end about 22 chains 'Wert of the center of Sec- tion 18, thence east 62 00 chains more or less to a point 10 00 chains north of the quarter section corner between Sections 11 end 18, thence 50uth 34 06 chains to the north liIl,e of the said Will1em. Russell Clainr'""' No 46, thence east on""'aaid north line 32 10 chains to the ,Place of" beginning, in Lane County, Oregon Excepting from this description all that part of Lot 5 in Section 20, Tmmah1p 1.8 South, Range 2 West of Wl11amette Meridian, 'Which lies south of' the center of the coast fork of the 'hl11ronette River, in Lane County, Oregon Fbwer Administration Lookout Fbint-Alvey transmission line recorded May 5, 1954, under Recorder's Reception No 28989, in Lane County, Oregon, Deed Records The botmdarieB of said J.50-foot 'Wide strip of land are located 75 feet from, on each side of, and run parallel Vith the survey line for the Bonneville Power Administration Marion-Alvey No 1 'tranmnias!on line, said survey line ~ing described 'With reference to the Oregon Coordinate System- -South Zone as follows " Beginning a1; 8 poin-t N. 10 43' 00" W , 1562 3 feet frcm the moav westerly southweat corner pf the ~ Robert Calliason Donation Land Claim No 74, Township 18 South, Range 2 West, WillBlllette Meridian, \/Mcb be- ginning point 1s designated fl4 survey station 625 + 81 5~ and running thence S }20 43' 50" W , 1318 5 feet to survey station 639 + 00 0, thence N 720 45' 00" W , 1752 6 feet to the ef\st line of 'the William. Ru.ssell Donation Land Claim No 46~ Township 18 South~ Range 2 West, Willamet'te Meridian, at a point S 10 331 4011 W , 723 2 1'eet frem the northeast Cartier of said Donati on Land Claim No 46, which point is designated as su.rvey station 656 + 52.6, thence N 72"' 45' 00" \fa, 3913 0 :reet to survey station 696 + 25 6 back equals 696 + 94 6 shead, thence )1. 82' 06' 40" If , 5620 4 :reet to a point N 240 03 t E , 686 f'eei; f:ran. the most eas-terly south- east corner of the WaslUngton L Riggs ponation Land Claim No. 40, Township 18 South, Rang~ West, \r1i.llmnette Mer1d18Il, 'Which ending point 16 designated as survey sta- tion 153 + 15 o. :: I Pol .~:.L , .' ;'A"':;f l:;@.,' ~~J!~ '{i'" --"-"'~~"""',="",: >-.... --~~~"_.-._~ ~ ,-~ 30 Tract MA-333 :'l;JB"""'''.....'- ...Tlt" ""i~tB;'""7'>'l""'""J.7'i7\"<'I:':'r.'t -...t.Q.. L~". .. "W', ..,dn "..'u~~IIil6~-:_ i'~ " k: : ==-=.: If: " , ,- " '-' , 7 8 9 w ~'" II 12 }-y'l f,ly., "' ~(' i 13 14 15 16 17 18 19 20 2l. 22 23 24 25 26 27 28 \ Date ReceIved { "12Q?~ _ JAN - 8 2003...- 1 Over and along Acee" P.oade W-AR" 3, Parcell, an:?ngtnal Submittal LG-AR-}A, dese>ibed in deed recorded December ~6, 1954, as No 45010, Lane County, Oregon, deed records 2 3 4 OVer and acros15 that certain easement tract W-217 for the Bonneville Pover Administration Lebanon-Goshen transmission ~1ne at aftrvey station 226~ + 04- 0 of said line, as described in deed recorded 86 No 19451 on May 20, 1950, at page 268, of' Volume 415, Deed Records or Lane County, Oregon 5 6 ()rer end along access road8 LP-A-AR 9, LP-A-AR-9A, Lf-A-AR-813, aqd ~p-A-.AR-8c as described in deed recorded aB No. 28989 t)n May 5, 1954, Deed Records 01\ Lane County, Oregon And over and across that certain easement area LP-A-56, as described in deed rec..orded a8 No 28989 on Mny 5, 1954, Deed Records of Lane County, Oregon And together vith DANGER TREE RIGB'1-'8 Consisting of the right to fell, limb a.nd top all trees, brush and snegs located on the following portiODS of the lands in the Ilame mmer- ship BB said Tract MA-333 Tract MA'333-DT ~, A strip of land 20 f~et vide on the northerly side of said easement tract MA.- 333 froln points appeal te sur~ vey station 658 + 00 to points opposite survey station ~+~ ~ A strip of 1.and 65 feet 'Wide on the northerly aide of said easement tract MA-333 from po~nta oppo- site survey st;ation 699 + 50 t.o points opposite s.ur- vey station 706 + 70 '[J I ,:;~ ~I ~~~ .r!4 ~ ~ *fr~ ~~., i'{i~~ ,1,,(Yf ~ ~ ''t~..~:, ,_.'f,~ ~-~ ~,. , ' ~~1-J.'~ j,~~ ;:t~~ .:<, A strip of land 45 feet vide on the northerly side of said easement tract MA-333 from points oppo8i~e sur- vey station 706 + 70 to po1n~a opposite ~ey station 716 + 00 llhich trees, brush and snags are, at the date of filing the declaration ot' taking in the above entitled proceeding, of such height and location -tha't they could fall 'Within 55 feet of tbe survey line for said Marlon- J\l.vey No. 1 transmipaion line, together 'With the right to sell, burn, T'~r:ll>l"'~n~,>;a'-.;J'<:~o.'v,,"UDL.<"""":" ,,":~t~fr ". ~ -- -.. .., - - -...- ..... ..."""'------ 8 ~ ~. 30 that such rights aha.l1 be exercised only in such J:D.aDIler that no'-rire ~ <F' ~ti~.(?.ii~J,*l;t~~it,~~~~~~[~,'7,,&~~&~~afl.-1u ~~~~~~:'if1.~~$;" li J ~-::-- ; t:'~~~ : ,~- 1''{~'''' ,., >"-- <"J ~'':; J " ?!... '. -" ',,, <, ill ~ {!.':, ~ , ~ ,. " " , t " " '" '~-- , .... -,' 1 2 3 4 5 6 7 8 9 10 II 12 ~3 ~4 ~5 ~6 17 "\ ~8 ~9 20 21 22 23 24 25 26 27 n~ ~ - I ~\.! -, .~ " : ", ," - -- ~_~t-~k~'-I...~~I;;~~:-':~_ ,~"'- ':"e",':" =--':'_':"~""'~ ~ }.itlB.e 522, \'r~":'=:: ':~~V-"::~ =-_-_ " , o o ( , ) ') 12076 hazard shall be created Tract MA-350 A strip of land over and acroaa the folloving described tract of land in the Washington L Rigga Donation Land CLUm No 40 in Sections 13 and. 14, TOWDSh1p 18 South, nange 3 weat, Willamette ~rldian, Lane County, Oregon I3eg:ln.nirlg at a point on the east line of the Washington L 'Riggs Dous.tion Land Claim No 40, in Section ~3, Tow.hip ~8 South, &mge 3 \lest of the Wiil1llnette Meridian, .aid point being 589 16 feet N oG 47' E. of the most southerly southeast corner of said claim, running thence along the said easl, line of Claim Ho 40, N 00 47' E , 437 59- feet, thence N. 53' 36' W , 402 76 feet, thence N. 330 06' 20" W , 287 O~ feet, thence N 40 141 20" W , 208 31 feet, thence N 890 55 I W , 419 60 feet, thence S 0'" 05' W , 261 13 feet, thence S 60" 05 I W , 57 74 feet... thence S O. 05 r W } 487 00 feet, thence S 79" 131 E , 438 00 feet, thence S. 00 471 W) 165 00 feet} thence S 790 13' E ... 542 72 feet to the point of beg1nn1ng The boundaries of sdd strip of laud are described vith reference to the Oregon Coordinate System--South Zone as follows Beginning at B point. 1n the southerly bOundary of the existing right-at-way of the Bonneville FOYer Adnunist.r_ t10n transmission lines, as described by deed :recorde~ Page 522... Volume 423, Dead Records of'Lane C01.U1ty, Oregon, which beginning :point i. N 470 44' 20" ~ , 1761 7 feet from the southwest corner of the Waahington L. Riggs Donation Land Claim No 40, Towneb!p 18 Sou.th, Range 3 Weat., W11- lamett.e MerldiBD} and. running thence along aaid southerly boundary N 570 57' 00" E , 270 8 feet~ them~~ along said southerly boundary N 82" 3D' 00" E , 305 :feet} more or leas, to the northeasterly line of the ab6ve described tract of lsnd~ thence along said northeasterly line BOpth. easterly 'to a point 'Which 1s 112 5 feet southerly... When measured at :right angles "'from said southerly line of the existing transmission line right-or-way ~ thence S 82" 30' 00" W , 590 feet, more or less, 1,0 the pain-t; of begioni.ng. Together v1th rights of access to and from. said Easement Tract MA"350 CNer and along e.x:Lsting rosdWB.,Ys upon tha.t -easement area Tra.c:b 29 _ ~OrdB' o:r Lane County, Oregon, and extensiona of said roadft,ys as ~- 30 vwent to reach .aid SQove-de.crlbed Ea.&nent Tract MA-350 Together with " = 9 1"' -~ _ "-"!;:..~-1 t~_ "';........ ' h~.\<;' i' t f. ;",,, ' t.,,. ~ ~t'; , ~~~ f ~""i~j p.."" ;." r{: ~ - Ii" - c .' tt~ J......~ ....~! (~~1 .' ",' , , < \ Date Received :-; - JAN .0-8- 2008- ( 120'l() Onglnal Submittal EP.8EMEr1'IS FOR ACCESS ROADS 1 Consisting of perpetu'll edsements to construct, use, maintain! and 2 improve aCcess roads, consisting of strips of land 14 feet in width, , 3 4 and such extra width aB is necessary to provide for cuts, fills) --4itches 1,b I' l'+iIi~ ~- -tr./~ " :r;;~ i\" 1*:- ",,' and turnouts, and for cuNes at angle points, and to dispose of any ,1 5 6 brush, timber and structures as are removedt therefran, by sale or other means, but \I1thout. creating a fire hazard, over and. across the follw- 7 8 1ng described propert~es) the locations of and surv-ey lines for said >, "I}..~ I , , ~ '" :. ~I r:;:. ,,- :' .' access road strips being described with reference to the Oregon Coordinate 9 System.-South Zone BS follows 10 Tree's llA.AR-55"4, Parcel 2, and MA-AR-56-1 II Are new roads to be constructed over and aCross the folloving 12 described leud 13 14 The S~ and Lot 9 in Section 30, Township 17 South, Range 1 West, WillamFtte Meridian, in Lane County, Oregon, and beginning at the northwest corner of Sec- 1..100 31, To1mship 17 South, Range 1 West of the \hllmnette .Meridian, and runI'ing thence 'West 5 9D chains, thence south 5 52 chains, thence east 1 50 chains, thence south 100 42' E ) 4 97 cbains to the center of the county road, thence along the center of said road N 160 E J 3 50 chains> thence N 85iC> E , 2 chains, thence S 73" 20 t E' J l~ chaine, thence leaving 88.J.d road N. 47io E J 3 20 chains, thJnce northerly down the center of a slougb to the north line of said Section 31. thence west 13 69 chains to the place o:f beginning, all in Lane County, Oregon 15 16 17 18 19 20 with center11nes 6\.l.IYeyed and marlced upon the ground as follows 2J. ," ~act MA-AR-5S-4, P9rcel 2 t22 ~ ,~ " ,-> '" ~ " .,' .J:Jl 1.."::;1l <<i!! ;.~ ,;1 ....:':: ~t~ --~ ''''-h~ .~ Beg1n:aing at transmiBs~on line survey station J.994 + TI, "Which begi.nning point _~l? deai.snatc~ as access road survey-station 0 + 00 and running ~hence east 62 feet ~o a~cess road sUi~~Y station 0 + 62~ thence S. 320 49 I E., 59 feet to aCCf'bS road sur- vey station 1 + 2l~ thnnce S 190 35 r w., 355 feet to access road survey station 4 + 76, vh~nce S 59~ 461 w 1 209 Teet to ,.ranBllliss1on line surve,} station 2000 + 08, Wich ending point is designated as survey s1.a~ tlon 6 + 85 :;J..f)~~:'~:--'--;_::::'::':"'-=1:~~~=~:_""'~ ~_ ___ __ _~ ~ ._-s.-=:,-~~~_,:_-.- ~29 Tract ;':AR~--''-- 23 24 25 26 27 . i~l a. ~~ " i~!'$ ~ - . .." ...... . ~... ..1 "",,,,,,,~=,,.u""""-"""'-"""'~-"_"''''~'''?'_''4,;;,,,,,,,,r,~''''~'~2'''-H''~1 ');'\~\Jr.\"~ . Begirming at transmission line survey st.ation .2020 + 05, vhicl1 beginning point is designated as access 30 10 '--- '.:r">" iJ"' ~ . ~ v --", ~ ~ _ ~ F ~ , 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 l6 17 18 19) 20 21 22 i - 23 , i I 24 , , I l ~I .:~ --~- .....----. --- - ..",... ~ ~-- .. , I ' 29 -- I , 25 . }O - ,- J.<:'-< " ~~ :~ I") , ) ( 1207& rQall survey dation 0 + 00 and running thence S 610 291 E 1 168 feet to access road survey station 1 + 68 thence S 80 26' w } 54 feet to access road sur- vey s'ta'tion 2 + 22~ thence S 620 07' W , 90 feet. to county road at a point 'Which 1s S 390 29' 40" E 1 1062.8 feet from the northwest corner of: said Section 31, 'Which ending :point is designated as access road survey 81i-st1on 3 + 12 Tract. MA-AR-58-l, Parcel 1, MA-AR-59-l, MA-AR-59-2, Parcel l, and MA-AR"59"4, Parcel 2 Are new roads to be constructed Cl'Ier and across the :rolleving described land in Lane County, Oregon All o:r the :following lying east of Cotmty Road No 266 The S~W-~ in Section 21 Government. Lot 1 in Section 11, Government Lot 7 in Section lO} all in Tawn- ship 18 SouthJ RBDge 2 West} Willamette Heridlan Gover:mnent Lot 6 in said Section 10 Commencing 10 70 chains north of the easterly southeast corner of the John Smith Donation Land Claim No 48 in said Section 10, and running thence N 27 05 chains, thE:nce 'West to the 'West line of ~aid claim~ thence south along the vest ~ine of said c~ to a point west of the place of beginning and east to place of beginning Exc~pt the loo-foot right-of-way for the Weyer- .fiI haeuser Company and except r&.llroad and highway right- of-way nth center11nea surveyed and marked upon the, grolIDd as foUove Tract MA-AR-58-1, Parcel 1 Beginning at trammdasion line su.rv-ey Btation 2166 + 23 vtl1eb beginning point j s also designa".ied as access road survey station 0 + 00 and rwming 'thence S 520 18 lEt 161 feet to access road survey station '",-1 + 61, thence S 630 35' E J 106 feet to access road f11U"'fey station 2 + 67, thence S 48" 19' E J 83 feet to access road survey station 3 + 50, thence S, 110 141 B J 70 feet to access. road survey station 4 + 20, thence S 410 25 I W , 30 feet to access road. survey station 4 + 50, thence N. 750 151 W , 195 feet; t;o access road survey station 6 + 45. thence N. 890 471 W , 136 feet to accesS t ,~ORdJlp,",S~jm7;t~"t,l)9' 29~~ " " .l.~~......' El.t!:c!eSa .Luti.u. B~~ :un- _~~~____""..'-~.L'~__''''--'''''''''''-=-- 43' W J 231 1"eet to aCcess road survey station II + 39. thence N. 570 26r W., 70 feet to access road survey eta.... 'tion 12 + 09J thence S 380 571 W , 53 :feet td access roe.d. survey station 12 + 62, thence S 25" 41} E J 70 II '" , ., -J ~- ~l'~ '1>": --;lI~~~~.llefJW.~ji",.t&l..~I~~;....~;..'C;M..llifi~:'<;~~\J.;!,'t~~-".u..;t~I;1;~..,~"MlKit?i ] -..-----' .! . " . , , ~__L..._ --1 ~ <IJl -Ii " :~r:-4 , , , " , \' ~~1 ! " , , , r t t r ~ ~ ~ f! il- l!' '}: , ,I .~ 1 ~ ~~ " ~~ ;~ i l < r-P~j!!" " I' ~ <~~ - ,- ..,.... -' \ ~ <-'1l~'-~/ 10 11 12 13 14 15 16 17 18 19 , 20 21 22 ~ 23 24 25 >~1 \ - Date ReceIved ( ) JAN =t 20081 ;;""''--' 1207G Onglnal SubmIttal 1 t'eet to access road survey sta.tion 13 + 32~ - thebce S 390 44r --E , 93 feet to access road survey station 14 + 25, thallce S. 50 3D' E , 76 feet to aCCeSS road BtuYey ata1;1on 15 + Ol.~ thence B 37" 02 lE, 99 feet to aCcess road survey stratton ~6 + 00, thence S 370 35' E , 70 feet, more or less, to a point in the 60uth line of said Section 2, westerly ""J'~~~~...:.ma,tely 790 feet :fran the south quarter section corner of said Section 2 .--- 2 3 4 5 6 Tract MA-AR"59-1 7 8 . Beginning at a point 1Ih1ch 1. N 67. 55' " , 34 8 feet frcm tran6ll1isslon ll.ne survey station 2186 + 98 8 which beginning pOlUt is alao designated as access road survey etation 0 + 00 and running thence g 73" 321 W J 55 fe€:t to access road survey station 0 + 55, thence N 59" 03 r W , 175 feet vo access road surv-ey station 2 + 30, then~e S 710 12' W , 58 feet to access road SQTVey station 2 + 88, ~hence shoo 15' W., 115 feet to acCE:'3S road survey sifa.'t;ion 4 + 03, t"1ence S 34" 32' W ., 213 feet to transmission line survey sta- tion 2192 + 21 5, which ending point is designated as access road survey station 6 + 16 9 Tract MA-AR-59-2, Parcell Beginning at transmission line survey station 2203 + 98, l.nuth beginning point is designated as access road survey station 0 + 00, aod running thence N 480 511 W J 216 feet to aCcess road survey station 2 + 16, thence N e1" Ie I W , 153 feet to access road ......>> survey station 3 + 69 J thence S 730 28 I W , 109 feet <<w to access road survey station 4 + 78, thence N 570 14 f W , 143 feet to access road survey statl.on 6 + 21, t.hence N 21" 38 I W , 100 feet to access road Burvey station 7 + 2l, thence N 11,0 42 t W J 159 feet to access road survey station 8 + 80, thence N 470 00' W , 94 feet i 0 access road a\.1rV"ey s.t.J3tlon 9 + 74) thence N 770 27' r1 , 11.3 feet to acce-ss road survey -station 10 + 87, thence S 870 4)1 W , l17 feet to a point in the Weyerhaeuaer Complll\Y Truck Road at a poi:tl.t which 1S southeasterly epproximl:l.te~ 645 ieet {ran the north quarter s~ctiOl1 corner of' said SeC- tion 10, much ending :point 1s designated as access road stu"\o ey station 12 + 04 T1act MA-AR-59-4, P,rce1 2 26 Eegioning a,t. the abO'Tf'-def>C'ribed MA-AR-59-2 access road. survey stati.-on 12 + 04 and 1 unning thence Vesterly _ 27 - along the. erl&t1ng road;way..:to tha highway at So poiD.t. ~~--'.:-Vfa.~~-;';:;-;';';'1.Y"1..J.o'p>'l...-~ktr .r;rft l'tii l,:..!ifi"" ~--'----".r... ..e8 the north quarter oection corner of said Section 10 29 Al.l or Baid i;ranmrlsslon line and access :road easement tracts 30 belng aubJect to ~ o 12 ,I, - ~-1 , <z l" ;,~ I i~~:'" ,~~ I ~~~l ' ~;.".;: .~ ( -- ~T '.. 2__ '- Il- f~ I' V-, :..... ~- \.>1 ", Jj: ~\ !' 5" 1(',1 it- J.~ ~'l t 'r' ~, I'.':~, . w' I;~ ~ ~ ~w: ) --=~ 1207(, :I. (l.) The rights of the public in and to all public roads~ (2) The conc-,-nued use ~d maintenance of pipes and conduits, irrt- 2 3 ~at.ion and drainage linea, c;iitches and Ca:;:lals, and pulllic utility lines, 4 (3) The exercise of existing easements and licenses, 5 (4) The exercise of existing mineral. rightB~ and 6 (5) The rights of the ~me~s of the respective tracts to make 7 all uses cf the said transmiasion line right-of-way areaS and access 8 road easements on th~ir respactlye properties not inconsistent with 9 the use thereof by the United Staxea for electric transmission l.ine 10 purposes fu~d acceog thereto 11 And the prope=ty over Vhich Trert MA-43 crosses shall be expressly 12 subject to tile righ~ of the owners thereof to keep, ~ntain, grow and ~3 replace orchard and nut trees upon said easement tract M.A-43 :1.4 :1.5 :1.6 :1.7 :1.8 ~i1I :1.9 20 2:t 22 \.;i'-t: ,\ 23 24 "' ,":'I ~ "1;;,1 "'"'" .'~~ ,fr~ ~~'*~ '.A;~"" ~iij ,~ -'~'------~ ~ ':....~' j,..t.~ ~~~. -"'" r,.~ ~y 25 26 21 --.-~~;;..-'--~~-=' ~--,--=='~----.---- ~~.,. ~""::~ -=--. 29 30 :1.3 = , ._~-_...~~--.,,,..,. '~M\>""'~"~l","~"'i."'~"'''>-~~ ...i,,'*f "~},..,,.w~.w-iY'~-<<-f ",-"<,1-' ..\-"...Y-".,;_~;;,~,,,,~,.~it ~iq~- "e,~'l It>......... J ~} ~ W);:i - ~.;:~ ; f.!"j ~ !t"si iiJ~", I' " - ."< ~:::'f' ',' r, ~ .....- '- F~ l:l [~ ).'f f Id' ~"- ," t;..~ .... ~ ,,- ~Y'~ ,^> ,-' r . ,< ,< C, ~t , , -. ~ ' , " ~~ ~"!;/ ,I < If i'if;!. IJ' J!~ M;';f'" :, i!ijo,< iMle ~~, ! ~'~1. 27 30 l:> Tracts MA-37 MA-38~ MA-AR-55-4, Parcel 2 MA-AR-56-1 MA-43 13 14 15 16 ". MA-50, MA-50.DT MA-AR-5<!-l, Parcel 1 17 18 MA-AR-59-1 MA-AR-59-2, Parcel 1 19 20 MA-AR-59-4 Parcel 2 21 MA-54, MA-54-DT 22 23 24 25 26 MA- 333, MA-333-DT Ml>-350 ~ 't, ~ ~""-\ , ; 1207b Remrted Owners Easement. /Cre. ') Date Received JAN - 8 2008 Onglnal Submittal Length AccesB Roads 100 feet 180 feet l ) 1/18o feet) 370 feet ~ l 1,073 feet .. ,*", 4,060 feet ) Estimated Compensation $ 100 00 $ 2,200,00 $ 1,050 00 $ 6,170 00 $ 6,200 00 $ 8,850 00 $ 1,500 00 .- - --""-;, .'v_ ,., \~ "~F,\,il'f.",~M~;{n~~tj~~;'::;ii:,}~)I~N.t:~j~:4~~'~j~~~<~:;~1~t~~ w\-" (~~}it""-A ' ~~,t-'..t~ _... "'~It'.u:-~".,;~o.J;\)'ls..U.~~j,&!.llh4~~,>7-M\E'"...~~.:. Loren A Skirvin & Irene: T li"Skirvin, husband tmd w:U'e, Rt 2, Box 299A, Spr1ngt1eld, Ore 974n 1 0 ~re William H Rennie, 125 Via Santa Marin, Los Gatos J Cali f 95030 7 2 acres Flora B LaJoie & 1.0 acre Everett R LaJoie) wife and husband) 1408 Defoe Street, Missoula, Mont 59801 Delbert K Mitchell and :Eeatrice E Mitchell, husband and vife, fit 1, Box 257, Springf~eld, Ore 974n 22.7 acres Don Hendricks & 5 6 acres Billie E Hendricks, husband and wife) Rt 1, Box 255 Springfield, Ore n4n Floyd L Harlan, 20 7 acres 9Q36 E Toll House Road, Olovise., Celii' 93612 Mr & Mr. Harry S , 1 0 t-~~~1~~~::::i~,~ u-~ Calif' 94122 Mr. & Mrs.. Orry J. Hudson, 110 Alta Lama Millbree, Calif' ~Hl30 14 acre ..........~..--- ~....- - . --==- = , -. L I\'; 11' i:..{1 ',-,~.' Lt~ ~ t'1\ ,: ~"j 411' ~~ ~ ;~~ '~tJ II "S('I' ."" {'g~ I f , -JI I'; , ~' l' \ -" ~ II,' -;1 :~ '," :~iIP" '~, ..,~. ',,, Jii v _ . ," ,'.. ... ~~~~l\fIR?......~.~~g-?'~:'J:f"_cf, --., ~..p.~...-.".x<,... ~~~'.$..1~;t", '_ ~:1' ~ ... ,. ~ ~ uo U I . Ii , 1:1 , II " "~ ';:'1 , 'I I, @ 'Q ~' II , " b I- " , .1' I I' 'I ~, ,I :1 I . 1,1 '\1 @ " , J> I " .. I ~ ;/jJ75',w~h~(,.'f#~ td. D~~O~~::"S Co 15O'/-;).-;JC0/a->v , ~ 1/): gd.+"Lu<4..l'._l130r-~ 1~!7f, 11-.+- J. H..' t L/-2./'J 1?..w-<--v~,;:t;1i"" .. 'o/:c,,'I32.-~ 1 ~.j~f 7n~ 'f '1-37;2.. 7ildL-r'~ I 0~ ,(~ 6, 1[t//.11 #~'" {/lOt, tc..~ '1 Ip-S:2. IJ-l~ T/337;f~ if '1395 ~v f/,1/-775 b~.1; , ' / J .35..31[.J2Av,,--.<-l-' .LL9r:/l /J.J~ {f tlf/;'! r---v.v ?-J7iJ~.J-.uL-IJ. -fitl-C~#(!a,,),-j/Sf';)~''--'-~' 't If 5' KC'<kU"C 'f '/3/, 9 J1<,~ v f CoM 3 "H;.;c " T / , ,/ , Slate of Oregon County of Lane-55 1 In.. R.a.ndolph Director of the Department of Records and Electl.on5 In and for the sald Cout.Lt.y do. hereby cert.ly thiLt the wnhll'l mitrument'wal rece,,,,,d {or ..ecord at ?;- 1%'l JAN 25 M\ \0 51 2 Reel .3-7?-~ Lane County OFFICIAL Records ~ \ J lNA RAND01..PH Dll"ector o! the Depar~ment of R"'5-.Pfl}'j l.t r.!~~10n9 By.7n ". "'1 -! 2.....J ~{::: Deputy C'Z.9--083 05 \ '" .. '{/ xl dff~ ~.&/7/1 - old. S"~ V~ 9/';;?tJ/, , ""~'''',;,::,''''''l\ l_~"'-- .."""'"--- r Sta.t~ Ot Or~gon County ot L.~ne-'s I lna Randolph OU'eclaT of the Departm"n\ of KetonJ" ,nd f.leLl.lol19 in and for the !ald Coull'!"y do hereby c..,rllfy that the Wahln lnBtrumenl wa. TI"Cl!lVed {or re<:ord at 1%9 AUG 6 Phi 3 ~ R"l 4. '-f f "~ 44 .5 Lane County OFFlCIAL Recorda INA RANDOLPH DJrHlQT of 'he Department or R.ecor~ Electlon~ By ~--;/2L_h' I ~DeputY~ ctg...O!l~.65 " "......- I ~- ~ ;1 ~, :1 '~! . ''if ~ ~ " - " I' .' It' '.. :i~1 'j ';! ; - Of, ! . , ' . , ~ s ;. 41-'j ;;"-.,, leI i ~ 'I _jtI4.l { 1,. ~ ~ i;~ i ~ t!:t~ ~ yO rll.~ ,,,,,," . I , i / ; f! ~ f , .. ,- ." ." " :wll. ~X ~ lil'il," iL'lwl ! 'j! , " I, , / / / , ' I - -' " ;; ~: ;> i :~; ~ !P j:1 ..~i!'i ~;" c:v-" _ _ till .. ~ 1:0-3' ~ ~ ~==-=i:'~1 "",11,1' ~::.tt ~~~~:;...r1--;""" _ ., _'le1Jtw~s IllJJl6UQ ~ _, 800Z 8 - ijVr , .- ~~.........~~~ ,( ~~ , . ~r- ~ "":_r'"'*"_ .~."~ T .. . . , ;,I,..J.,i~ "" Ef "' r I , ' -r ~i 1,)4 "'. 1';:'~ . ~ f? ~pl~1 1*~' "j 3 -""",,~ ,,~ ';---~: - ~ / ~ r"~/ . r . I / ~ . , .' ~ \, f " , " I I I -, - , ~i---:f- - 't I _--1-. I -- I ~- , I' ! I ~~B9t. , u-' If ~ , ;r i' I!!~ I i d ~!~f : ; , i . ~ 0 I ! I I i . r ;; I ~ f I j I I \ \ I t ~, L d ~ --../1 , , ' "-i=c - .-"~--I ~- - j' "7,~b': ,/.. ~ - ~~{--~- ., ,~I l~<~ 1::-2- '~-:.r-~ \'"..~"i"~ " , ~" . ~;~.i l~;~ kU, ....'\.( '~t~ )ii$ -^ _~~_.,._..,...~____ ------~-- -~---- r'1J1 _~:.:: ~;...~ wjtness~,1!'y~'h._f1.ml ami selll of County llt'fixed ,__~,......=: ~ 1'~~" ~ '~ -- - \,1 ~i ;: _ I\~I_ ~ '- -l~~41 ~ .J: _...~~__I, - ~..-- - ~. ~~ II 'r,...... ) l \...~ , <lo - l ,....) T~ ., ~~l~::'",~ ~ ': ~ r-~ _ -;\ -1.- 'R;-;- --- ..-'-r-'--~~9 ~ i'\'~.", -:, ,;,' .J .D:;,.:.",.-.".~"'.il~ ~ jl? II.\~~\~.. "",,"'l _.., J 1 - \ T;t'~"I'-~~ - ~ J1:',=;;''';{Pt''" ~... '. ~' _";, J -., ~ ~ ".<" ~-\ ,'" !lxl-~"~"-lA;\<;r,.l""';' Ir~ <'11..'.,...... l ~'." \ - - -~ r,.... ,:J,~r I (.:!;;,'\..,f.Y,?>~ j\'~" -'-......._. _1"1' _" l- ~.<_ _' _ -~ "f_1 ....__... ~--:.: ~ _'J_.!.t 1.<'~~~~~~:'Jr!~~l~a_Il!.~~...~tfl! to. ~;::;2(~L~!;:crl~~_1tR^!l~-2L~~ _';~_ ~~_-..,.h~ ~-,..,: _v_" t~ - >>.~.:... ~-~f,~ . ~h""$~'" ~'F.~I~ '......~ I d1';>"--,) -, ,BO"ti"N'EVICll'.:Ir.OWEl\ADMlNlS'fRATlON ,".....-J- - ,- -,..,;- l-~~ .--\ ~ ...s\>l(ii~;;":,;,~~""",.:!!,,,'t-:'l\,!::\~'~~ 4_ j,r J/"JJ (., I-~ > ~~~ -.... < lr, ,,' \.' ~,..~~ l: :Wi11.;Z~'1~:Pffi.f;::'t.;-:'~... ~~:",' !;-'-J: ~t- ,1'; "~ ...~~}o~~Nc>..,;~Il.!.~-'\-:.l." / ) \ -- ~\b J 'l,:-r-.::- ~..."':-TJl:P'A{f71A"~~...'''' ,~~....:-tl~.wl_.:>'11:V'~'~'Z:'~J.j~l~Y-' !f:{",,~,,- f- - j ~~~ l"PRrt.VW. gREGON..\9710~ _ _ ,.l~".:..-""::~L~ ~-"'.> -':-< ,... ~ I .,1J....-2~.~.f"-~'\.~J:1~ .....~ _ ~ ,,\ ~~l~ ('..!_.:1-,--,""",,,>_:::.~,,,,;:z;::;;--"?,,,,,,,/,~;,--,;.............,-L-~--r::r;-::::;-__~~!:e:-'-~- <-~~!(,~,::,-:::--...=..: ,-. ""- -~~~ ,~~"f';';:'--''( ....,,!i}M}"Y:i{.~~,I" '~~_~J J"'~'~!>-'!:.~_~ M, ~""<:'_4';-h)" .l~ f,.> I~Y~~' \ ~ ~~ ,~ .:> I ~ ',~ ,:,~._C}'J\". -~-:..-:_~-~,;~-:.~:;: ~~ _. ~.}_ t~~_~. ,.., ~ " c~~~!..~$~'!tf;;?',}W~r';r )~:"J\:r" J ,,,' ... _ r-- ~IM,?j~J, -,--.;~li~4'>,;r_..tll.J-";.It. F ,- 0 T 0 t,\j;;...J~"" L;,.l",''''>I '}~..~r..." il ~~--"... C." \~ ~,- i.._'" T...-r~";-, K~_:::A, ",,r,,~;;~~-- ~,- .. -~ -- ~ Ji<1:J-~"'f",' \ ~)l'v 4~\_ '{;'f....\ ...' i ,,~,_...... - , ~-ff.1,.,/';"j:;-..:f-M~:"J\.:;:'<... 'r"ff.j-~~-~~'.:'-:<=' "h~.qo.~ f;J:$:~~,r-'~-'''~'Y~~' .....,:',.,-'",,,,;--:~1i!:~....:;- <-- - I ""~~ ~ ~ )j,~~4J."l\;,.<.~Qi 1}r:&4af.l i;;n;~oj oeltnQ1<lZedp<'-1ft ~oofrPI;n}O,..~"i" at/l oU ClUUJo1,nneu "p .,'" L"'" -<:L! 'p, -" -~ ;.:;;~'~ )c;:'v~~t~_~ l. t s.. ,....._~ ~r u - _ - . - ,- ~- - tt('&"'':-,J:-'fr "'J" ''::'~tv' t A ~ _.. r- ' ~ ~";'fk""d 'P.v'~,-l"'''~''''1 "'~,.'" ~,'1.. -~~.... - .l... _ :'rt'<~;~lf,t.'~: ~'-~...,' ::..~'~ .. ~~~~~:~ -~~~~: ~~-~--r--- Aj\.r.~~ '.~ }SS ':_~'.otto' 04-~ ~~ --- f On the /"1 flay 0 J 194.7', per-sonally c:ame before me, a notary pubUc: in AM !or !~;d ~.u.pty tl d S ate thE' W t thi4a.namcd It!LHItt It IIITCBILL _ad. BIA.TI1CE E. ..............foot-L, f!wIlf~ud..J..ac;l w ., ~ to me perso~lly known to be the identical person. dpscr1bed in ~nd who executed the "wIth!n a~d foregoing instrument and a~kno...ledgcd to me that they executed the same a5 th*ir free and voluntary !lct and deed, for the uses and rurp~seS__t..here1n_ ~___ ment.1onea- --- ~ ----.......---- - - - -- :, - .:: lll_Y',uU"ttdA o.ri3 '(),..etcm/~~_ , ~ <f --Fr_ ::~ ~=-_~-_J'--= --..., _L?..- ~,.,. GIVEN under Ill)' hand and official seal the day and yeAr last above-wdt_ten //~///. )-~- ~;y~. e In and for the State 0 ~ ~ Resldln( ~t ~ Ny COllllUy10n e:c1ures --<:'.'fL .;1.", /9t1 . ~ ,. ~ STATE OF '" -cOUNT\ OF -' I~CERTIFY 11!.!lt the within --J 19 ,at of ;raid County 1nstrlltJIcnt M , and wao;; rt.ce1vcd. f'(Ir the record on the recorded In book day of J reco.z:.C1s on page of .~~r ; ~,:f,l,~-" :'\~"'.,-8 ~~*)~ ~ ...r.:-1..:-;! ,:*'::<'& .f ~, I I,v<j ...::.:r~\j, '~-:..:;rJ :1,"..,-<," _"^.~ _ ~;:;:~l .~, ... -~ ~ ~...,...o{ -,ifi& ~'\."'- ..... ,~ "" t ~ ~:;ld ....VN "i? -.q',< "-j ~.~~ .;:..~ , "11 '''";,J L"'r -.J."}J ~ f r. "~;..~ "'::-;S,O: _,' l.."....d 't"t-.>;....1 "j.,."a, Sfi-}.v~ C~~~{ ~~~";:?:;:1 {~'J~13 f~k~ , ~""4 r,j,C, c.dJI "t:.r'-f ,,~" ....... 1.J-.fi.;h, . ::-",; I ~, ,~ , .' " ) -.... j-\ I " , J-y, ~, ~ ,~. , ..,", ~i _., _ .____.:T''''~~~?~ " o ~- ~""..14- ~ ~~" t ~ / ...,:-;~;.~~ uai~ ~ecet~et: <t~f~':;.l \ ;i.:~~;;~\y~.t 1 ~~,;ry,I"~- Y ~ ..,~_.:;..,,_ ~~T:;':~r;~ - ~ ~~ \ i ~ ~~~.pT :~'.J _.... .-1l,.....!-.:lJ.:"..1.- - ~L~;"'. .G~ - t.. ~--<',-, "" ,1"""*:" ".,rf" ~~~~~~---....~ .---' .~ Wr:_.....;;.:>~~ '-----'-~--=-= '.' ,', I c't \,j \ ,e, l' IJ J ~ . ~-~- ~ ,r.---- . " ~ ;t ? ~~ ~ " (I \\ ~~ J"~ ~ ~ ", i~ ,It 1"..' :i\;'. ',- " f- , " ,- ~\.~ ~, ',' \1f{ - ~t ...~~ I iJ ~_. ~ " ",-t t*<~\< ~IJ- ", ~'Li:= t-.f.i f,:r'" !:\~ < ,,-, ." :r.1'~ ~1H W> . ~F"'''' 1'{.,. ~~;~ ~~- ~~~ ~" ~:'S; . l~ ).f:9;\~ 11!i",i, I!ElI ~~k 1Jkf9,' !<l~, ~ "il:~i(i G .\ " ~76M3~- Tract No _*-.....2_58_11. u ,. d~PAqT...ENT 01' THE INTER'Ofl 1I0tl!'lEV1L-L-E ,"owe" AOMlNISTRATlON AC.QlSS ROAD EA's~'lENT - r-OR AULI ~:-:"JU..IDER^TION of the sutn of an -BDlIDBD - - - .. - - - .... --- --... _..~-~ - ~ " > ~ ........... , _~......-- ~_ __ ...--_____~... __ ,., ...-_..._ "'_-___ ---... _ - -oollarll -(-S-600.~ .~. , ,.-- . - _ nIU~- In bond ~ld. r~ceJpt of )ll'hlCh 1s. bertby acb.owledgt!d, DILBIB7 1:. MI"I'C1IILL~ ":.&DOft., D K. Mitchell, aad BEATnCl B. MltcBlLL, bu.bapd and wife, bet.Q1p~r called th;-arantor(s) lIIS(ha.ve)tfiDted, bargaineif and sold and bythesB I'."''''c....~p do-(~ bereby gtant barpm sell and COIlvey unto the UNITED STATES or AMERICA and its assigns, a 1-\ permanent easemellt and right' of way approximately 20 feef. in 'W1dth, With Sllch additional widtha as are nkeBBary to provide ror cllts, nus and rurnouta aJ:ld ror curves at tbe angle points.. aU over and acrosst.helandsottheDrantot(s)ln port 10M of the awt of BeetloD. 2, the lFE\SK\ of hctlou 3, aD4 QqftJ:~~t ~te 1 .~ 6 of Sealon 10, "Towntluip t8 lautb, bill. 2 We.t of the wtU..tt. Mer14uD, La.. oCoU1lty, OreloD" except &117 portl.oD thereof whicb U.. vitbia the rlsht of way of tb. tJnlt.d Stat.. of AmerlCA for it. BoDDCTU1_ POW't:r AdDinbtratioJl'. It.n., ': " ::1~ ~-' .~ ." ~ ~~ ~- -J ~~ , , for tho followmg purposes namely the tight to enter and to clear of timber and brush the right to grade, le"gel. cut, fill, dr81o. build surface, maintain repall' and rebUIld a road(~ and Buoh culverts bridges tumoucr-retatiimg-WaUs';-u oth...l ..y..,..".en&.... '>..........:eB ilS may be nee.....,,,...) ,,-,..: .:,,,- "~~ to use-said r08d(;l) on over 80d across the land embraced within the right of way colored in red as shown on the attached right of way maps serially numbered 143761 D'Dt-D The Grantor(s) reserv~ the right of Ingress an:;\,gress over and across said roaata) and the fight to pass and repass along and on said roa.d(E) Insofar as the same extends across tho lands or the Crantor(s) said rIght to be exorcised In n manner tbat wHl not Interfere with the use of lhe. road(s.) by the United States of AmerIca its employees contractOfs or assigns -. ". -.... .:i .: " '.!~ 'H ~~ .\, t:;{ " -" .. ~ "' " ,\ i~ ,",,< , :\: 1 f " It is understood llIid agreed t.hat If said ro~ IS ~ d8'q.laged by the UNITED STATES OF AMERICA Its employe,s contractors or assigns the UNrrED STATEs OF' AMERICA subject to the avallablllty of appropriations or its assigns W11l repau such damage It IS further understood and agreed that !l~ael.l!ls) may erect or maintain fences across said road(3Q provided adequate gates of not less tha-_'1ei:l\. In width are mst.alled which may be kept locke<'l prOVided the UNITED STATES OF AMERICA IS also permmed to mstaU it.s own lock thereQo TO HAVE AND TO HOLD the said oasemen~l and nght of way Lo tbA UNITED STATES OF.RICA and Its assIgns forever It lS further understood and agreed by the Grantor(s) that the payment of such purchase JlC'lce Is accepted lIS full compens8tlOn for all damages Incidental to the exercise of any of the rights above described 4 Oro.ntor(9) covenanr(s) WIth the UNITED S1 ATES OF AMERICA that Grantor(s) ZJt(are) lawfully ee1zod and possessed of the lands afore981d ~have) a good a.nd lawful right and power to sj!ll and convey Lile same that the same are free and cleBl of all encumbrances and that Grantor(s) will forever WlllTant and deJend the titlo theroto and quiet poEisesslOD thereof against the lawful tlalms or all persons whomsoover. .'" Aael.i. load 110. MA.~l..'8"la .t be u..d for ~... .and _,r... to .ad -.f~om--c:lte - -, -. pg_1I'u.... ~v_.. ..._.LMlIo..........AJW... . na...........--..".r ....--................. ........-...... .... -.... ...... aael trea an,. exlet1D.& or fut.ure traaaJd.d~ Un.. whlcb ba.. bud. 0'1' ...y be- ' cO'P.lltnu:ted .dj~Callt Dr ...1:17 adjaeeo.t; cbarato '> __DATED thlS---.L7 ~Oyc17: - l~~~=-- _ ~b:r(f:ito~ m~?.J?.j?/ -- -~-~ '" .... T ~~i..> I \ <'';~ J...o '"'1>7 ~ J ~ ,. ~~~ .c.,g: r,-.p, (:--.~ 7lbh.JrtfjJ:'") _~, '01;{,~ -BdtrI~3u.trr..ll.1 '-,. ;:--~,\~ ,,~...t,)'.\' I -......... " , , ~~r:.... "~',:~- j r - , '~~r- ~{r'~~, , ... ~ ~d"~ I~ t!\~ ~ -''0,-,(<::, ~"'-~\.i<~~~~,"..d\ ~ ~ ~' , , "o'^,,,.,.,,,~,., ~r ~ -.t ~~ ~ ~>Pr.J.. Q5~~ ~"''''''...J<- 4-~7.-l~I' - ~ n, <>"'r _ ",-';;;"..>-.~ ~ , " ~~ ,~ ,- . ~:.-"I~~"M........,. :r(,,~ ~"";iJ .<:.:::.. f ,- r ~...~~lZ;>';:O~';:~':'''~~5.:7 -r"'r.~ -r""r.:::4";tt>t'i':::.:,'tl.,il ,,"'.L.c. .'_i'fl ~ -, .... 'r' ..., t ~ " '" , ffite ,R~v-e < .~..,_. JAtf:.< 8 ~~~ ,~- }-h'ic~:>:{:; -;,~~~::;;-..' ~~..:<. -;....-;;-.'=-....~ .L" ... ,--...- --~............ ,~A.Jr~'I,~! -_.._-.-, - ~ - _ E.(\SE.ME;;NT ~~;~~i~f;!~~i~~~~~~~~~;~~ :.=_~~ - ~ ---(~dlVldual) ~ ;r """fW7-":;:'''''''t'>~'''~-'.A.~-:;:~~' ~ ........,~ - -~--~---------~ ,!).1 ~~}t ~.,:~ ~ - ~ l ~ ()rlninor~ub . tt , ":-l~~ y'~:;~rr.:- ~~- -~ ~-KN~OW ALL MEN BY~ THESE PRESENTS' That lfd~ ~I a ~",:;<,,~,_.',,~>. -'-'-- -~-:'A11ii,,,,,-,- '-"-ll' h b . ---, ~.;:....~,..;::~~_",!~ _._!'t'h.l -;; -<__trl~_-'.""M1ta.ne ~ ~ U:S and.and..YUL.e..___ __~........_ J.J~ "'-_ - -Ctounty.rif -..Liio...' . State -oIOregon, hereInafter called the Grantor-s, ~ _~ :for ann_ In-cd'tlslder,,.tion. of the sum ot One Dallal'. to them pald by Northwest """'~ ~ Natur-a-fGas Co~pany.a carparaban ol the~Stafe 'Or Oregon, hereinafter called ;:":"J->__ ~~ ~-<Gr<ant/~~h...e ~C~lpt o~ ;1iiCh- ~B ~eiiDy_ ac~owledged.. have granted, bar- ._=6-""".t __,_ ~"_.-,,_"'_,~__ ".,1 ~1 .h__c r!,~e..nlo dO--lf"-a~,-elw."",-=- _.l';11nv:ey unto the saId Grantee. Its successors and-assIgns, the nght of way ahd- _ ~asement-to JB_Y, m!iintam- an_d operate a :rour-1noh (4") flU pl~11ne--1II1d _.nurl"~J;."- j,p.J_JU.<HlSJ_~BJ1d aero._.~_a"Btr1'P of' lBlld 10 tee't in v:1dth, lQCate4-on- tl:lO-~hveoter1.7_C!arnor of~ l!l"-trao:t.._Q:LllUiiLmOJiRiS_~..! Lat-'100-- ~- - =='-=--=i!FStt(ltt(JJ:r-W~T1:a-~.TR~~~ -1'lI.,~ 11.1'1., Dllf"e"'CotirrtY, Ore-gon-,-.itt-lf&Bellent ~- ,",-- -~r~ 'jjl;~p li'.'ii:ijj;~""ro p..rt:r<!l1l.ar1.Y~d.''''\r1;b.d as'foll","" to-viia. _ , ,< ~ . replace or To-gethe.r ~lth the 1'Ight to enter up'On stl.1d remove saId main and apRurtenances p.reml.ee'S.'to lay,re:p<3.1r, _---:-- I '-'lI _ _ m 'l?il ~ - .. ~ ;..'? ~_(t{ ~ ~ """ .-l:$: -, ~ _____~_ ~i? ~ "'" -~ "ij... m f=4 di .-"", ~ i --, ,n. -fq -"'< " -., i" ., - ;;~ .~ ~~~- ,~.,-- . .Z _ -~" > ~.. .t l ~, , 9 1 , -- =B'i!ll'nnmg at a point 37.25 cbains south .nd.-892--:r.e-tr.....t of tho northwest corner of the JQhn Smith Dd..O. !fa. 48 in - safd-tOlnliship-a1ld- rangS) th.nc. lIouth 10 f..t,t;',:',. .,010 to -th.. euterly right ot way line of the Southern. Paa11'1o railroad; thence along Baid r;["ght of waY' line N. '210 541 W. 11.3 feet; thence east to "the point 01" beginning, all aB shown on drav- ing A9-1993J-attached to and-by this referenoe maae-... part-- hereof. --.......---~ 't ,I Q , '\ ". 'l'" -' ~ Satd gas mam shaH be laId two feet. more or less, below the sur- face of the ground 10 a gaoa-and workmanhke manner and the surface of the ground re-stored. as nearly as-practIcable. to the c6ndlhon slime was In prtor to the laYIng of saId mam :r . 1I'l 'll' ;..~ " ." :~\ ~ ~ . _ In con:hderatlOn of the premIses, Grantors agree that no bUIldmg or other structure wllJ he constructed wlthm~feet of 5a1l..5 mam, and ~.ha-:t-n-O-O-pe..r.a,j.......- '" ....1lLbe-canr..1e.~pon-salrl :"'~ 0......... '" es_thaLwDLJe.or~ '1"'''' 1'7 - its safe operatlon ~ 1 1 ; IN WITNESS ~REOF, hands and seals thl.8 1-1 - day of the Grantors an--..-J have hereunto 196.!.. set theIr ~ ~. 4 l' :1 STATE OF OREGON _:lJ,.Ld',u/ K )n;J!.d',p& ~..LZo": ~ 7J L:"LIU / County of Lan. ) ) ss ) fh,.,.,;; 2- / ,191>1 ",i+,,.p"'" foregomg instrument to -; /!~ -~ ., N.otary Public for Oregon ~ My Comm<s.>ou exp>re. 17 J 't /f't.1'~ : , ~ 1 PI"':' ".llt - '- -=m.; ~:\<>~~ \~l.-):>""!{l __ c: ~.....'tt"~~:-~_I~ , - ~... r -~:""","l-~~'4"''''':;\--'<.:''';;:..:.:J': ~\U:",IJ t ~............ _ 1 'I ~..... ~ " - ~ ... ......- ~ )..,.. ---, ...~r'~fi11,,..,....t~~"'!("""~ ,~ ~ ~~\1'~....~ 'l,h "tl_',: '- ~:l....-:.~: '....':..__~. '~~~ ~1.1 f::.h';''-~~ ~~!.:..::~ ~~/..\(';':" ,.-:.:'-/A - ~\'".t;}~~.'l~r~s{&f~~"r>fit/ I ~m""'f~~~y'I~~'~j_~ =-_~...,"O.:.." ~~ ~d), T",--' '':: ~.....~!...tr ~'-.:':""I\,..'!..:_;")~~~in_~~kr*'j(g\l ~~~~~~;~:;~i:~~:r'T~1~S: {;::'-- ~~~ t:.; }'i~4~"'~-' - _ ':'...>....~ '\., ..,."-- f-:';:-;~...t-.- ~:~ .... p "\- ...,-.:. 'ltn~ ~-~\..,! :d~'"': \.... ~~ ""it "'''-!/---<.;:~ ",.. .J. . ~ ... . k' ~ <. \ - < \ J ~ . ~ ' ~ ~~~~~-5-=1~~ I - - ',. '..~IIf"~~ /fA ~~l;j~ ;J-}~";;':4 ..~---: ~'-"4..j;>.<~~-;:.Fr~~<~ ...... 0, ;>:i>.. =oo , "At. '-"'-P. rJr _~, . ::I.,.~'>T"'~ - -,... ...t .... -"_~ ~~/F.A 1....,...~,.. ""4' f '.l' '7'~"' ' = - 1. '-,", "'''''. flee. N, 148 rj~~ J:j?::.\:;;t't:.J,' ~..:::=- ' - ,,~~, tr ,.. - - ~........~ 1~',..~710_~i~'~ /) I" ;k ~Il'.\ r,' > "t\\l 1<40;:' ~... /.. r ~~ tl:[tt..........Jl< ~ .. 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'-' , ,. ; . ,", ,," UT NATUItAL:" .... ~""NY ... ..L'AP._~ ~: ; ~D ~r IJPIW IUI' /If/~HE/.i. /~'.4IdI/.;' 1'1. /"" ~,. rl&r li!J'J,..... ..ifNEa:!-~K--'-"-- ",,'~- - ~ " ,"- , \ -"~? ;'!.!:/f'M:'_ '. ~"" "'~"l"".,ro..~" .......-'--... ... _,~__v,,-~...................-....~.................._.,....._.......u......~-..... _' <" , 1/ '>'" IJ';17P~P'r,'(? ::> , l-...' ..!to \~ ilU "'to '- ll-e. ~ ._~~ -b';; ~~~l ~i ,\ ! j :-t~ ~ ~' t11~!~ ~ !~ ~Jh -~ ~ oil ~2 1,L-_ ___. u -J.!" "'m ~o : _ --::s- . U"I (~ I<) '" '-- "" ::E <>- U"I t; C> ~ 0' Date Received JAN - B 2008 Original SubmIUF" ----.. 'll ~ ~ ~ ::l ~ ~ 1O.c ~ .. -;l: v S ~ ~~i J ::e .. ...1<: . II> t < c .; ... " + ~ .... . I A. I ~ ~ .1 j ~""- ~ ~ 1;- g, E o v",,~ "D -~'tJI-~'- li 8,ij ~ p t , 1 :Ho. ! ;;H~; ~.J]i5 il'.l ~ I>l:JU Z i. Q.."l) - \j --- ~ ~-- ~ -. ""'" , , =_:J J~ IfG .I}<! 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' " - ., l' RETURN TO CASCAOETITlE CO .. <'T"L3'b50o, ""'" ",003-3\33 RECORDA TION REQUESTED BY Umpqua Bank Commarclal Real Estate Department PO Box 1820 Rosebutg OR 97470 . t Date Rec':'l'fsd. 1 DiVision Dr Chief Deputy Clerk lane Counly Deeds and Records JAN - e l:~8 ~AA.1mJ~~~bmlttal $66 00 WHEN RECORDED MAIL TO Umpqua Bank BUlllrlen & Ralll Estllte LOBoCantllr 500 Sf Cau Street I PO Bo)l. la20 Roseburg OR 97470 1111111111111111111111111111111111111111111111111 00497173200300961890050091 10/01/2003 II 08 20 AM CASHIER 02 RPR-DTR Cnl=1 Sln=4 $45 00 $10 00 $11 00 1 SEND TAX NOTICES TO GORDON A WEBB 860 OCEAN DR SW BANnON n~ ~P.l.11 9505 "'t>~rl: 401'1(1\/1' T~IC; II~F I~ I=OR RECORDER S LISE ONLY LINE OF CREDIT INSTRUMENT LINE OF CREDIT DEED OF TRUST advanced pursuant to the Note IS September 29 2004 THIS DEED OF TRUST IS dat13d September 29 2003 among GORDON A WEBB whose address IS 860 OCEAN DR SW BANDON OR 9741'/ 9505 { Grantor} Umpqua Bank whose address IS Commercial Real Estate Department, PO Box 1820 Roseburg OR 97470 (referred to below sometImes as Lender and sometimes as Beneficiary) and Fust Amencan Title Insurance Company whose address IS 563 SE Main I PO Box 1325 Roseburg OR 97470 (referred to below as Trustee") lA) ThiS Deed of Trust IS a LINE OF CREDIT INSTRUMENT (81 The maXimum prlllClpal amount to ba $24000000 lC) The term 01 the Note commences on the date of thiS Deed of T,ust and ends on ConveYllncB Bnd Grant Fa. valuable conSideration represented In the Note datad Septamber 29 2003 in the original principal amount of $24000000 from Grantor to Lender Grantor conveys to Trustee for the benefit of lender as BenefiCiary all 01 Grantor s right title and Interest In and to the follOWing descnbed real property together With all eXisting or subsequently elected or affixed buildings Improvements end Ilxtures all easements ngnts of way and appurtenances all water water fights and ditch rights (Including stock m utilities With ditch or Irllgatlon rlghts1 end all other rights royalties and profits relating to the real property Includmg Without limitation all minerals 011 gas geothermal and Similar matters (the Real Property ) located In LANE County State of Oregon See Exhtblt A which IS attached to thIS Deed of Trust and made a part of thiS Deed of Trust as If fully set forth herein The Real Property or its address IS commonly known as 36191 JASPER RO, SPRINGFIELD, OR The Real Property tax Identification number IS 0559680,1267861,1315827,0567097,1342326 AND 0567345 Cross Collaterallzatlon In addltJOn to the Note th,s Deed of Trust secures all obligations debts and liabilities plus Interest thereon of Grantor to lender or anyone (lr more of them as well as all claims by lender agamst Grantor or anyone or more of them whether now eXlstmg or herealter arising whether related or unrelated to the purpose of the Note whether voluntary or otherWise whether due or not due direct or rndlrect determined or undetermined absolute or contingent liqUidated or unliqUidated whether Grantor may be liable indiVidually or JOintly With others whether obligated liS guarantor suret accommodation party or otherWise and whether recovery upon such amounts may be or hereafter may become barred by any statut t II Itlltlons and whether the obligation to repay such amounts may be or hereafter may become otherWise unenforceable !Initial Here ) Ravolvmg Line of Credit Speclllcally In Ilddltlon to the amounts specified in the IndebtednellS definition Ilnd wIthout limitation thl. Deed of Trust secures a revolving line of credit whIch obngates lendar to make advllnces to Grentor so long lilt Grllntor compile. with all the terms aftheNote Grantor presently assigns to lender (arso known as Benefn:;lary rn thiS Deed of Trust} all of Grantor S fight tlUe .and mlerest m and to all presant .and future leases of the Properly and all Rents from the Property In additIon Grantor grants to Lender a Uniform CommerCial Code security mterest m the Personal Property and Rents THIS DEED OF TRUST INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY IS GIVEN TO SECURE 111 PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE THE RELATED DOCUMENTS AND THIS DEED OF TRUST TH!S DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS Payment and Performance Except as otherWise prOVided In thrs Deed 01 Trust Grantor shall pay to lender all emounts secured by thiS Deed of Trust as they become due and shall strlctly and In a timely manner pelform all of Grantor s obligations under the Note thlS Deed of Trust and the Related Documents Possession and Mamtenance 01 the Property Grantor agrees that Grantor s possession Bnd use 01 the Property shal! be governed by the followlngprovlSIUf1S PossesslUn and Use Until the occurrence of an Event of Default Grantor may (a) remain In possessIOn and control of the Property (b) use operate or manage the Property and (cl collect Ihe Rents from thl) Property The followmg prOVISionS relate to the use of the Ploperty or to other hfl1ltatlons on the Property THIS INSTRUMENT Will NOT AllOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION 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 PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30930 Duty 10 Maintain Grantor shall mamtaln the Property In tenantable conditIon and promptly perform all repairs replacements Ilnd maintenance necessery to preserve ItS value Compliance With Env!ronmental Laws Grantor represents and warrants 10 lender that [a) Dunng the period of Grantor s ownership of the Property tllare has been no use generallon manufacture storage tleatment disposal release or threatened release of any Hazardous Substance by Ilny person on under .about or from the Property (bl Grllntor has no knowledge 01 or reason to beheve that tllere has been except as preViously disclosed to and acknowledged by lender In wfltlng (I) any breach or Violation of any EnVironmental Lews Illl any usa generatron manufactura storage treatment disposal release or threatened lelease of any Hazardous Substance on under about or from the Property by any prior owners or occupants of the Property or 1111) any .actual or threatened litigation or claims 01 any kmd by any person relating to such matters llnd lcl Except as preViously disclosed to and acknowledged by Lender m writing (II neither Grantor nor any tenant contractor agent or oelter Ill.Jtltom:ed user of the Property shall use generate manufactule store treat dispose of or release any Hazardous Substance on under IIboutor flomthe Property and ("I any such activity shall be conducted In compliance With all applicable federal state and 10cilI laws regulations and ordinances lncludlng Without limitation all EnVironmental laws Grantor authOrIZes Lender and Its agents to enter upon the Property to make such lnspectlons and tests at Grantor s expense as lender may deem appropriate to determine compliance of the Property With thiS section of the Deed of Tlust Any Inspections or lllsts made by lender shall be for lender s purpOses only and shall not be construed to create any re~ponslblllty 01 hab>!lty on the pall 01 Lender to Gramor or to any other person The lepresentatlOns and warront'es coma,ned herein are based on Grantor s due diligence In Invest,gatlng the Property lor Hazardous Substances Grantor hereby lal ,eleases and waives Ilny future claims against Lender lor mdemnlty or conlnbullon In tho event Glantor becomes liablll fOI c1ellnup or otherCOSlS undel any such laws and lb) agrees to Indemnify and hotd harmless Lender against any and all claims losses habllltles damages penalties and expenses which Lender m1y directly or Indlreclly sustarn or sufler resulting from a breach of thiS section 01 Loan No 5068531317 Dr-.., OF TRUST mtlnued) ago 2 , > thc Deed of Trust or as a consequence of any usa generation manufacture storage disposal release or threatened release occurring pllor to Grantor s ownership Of Interest In the Property whether or not the same was or should have been known 10 Grantor The prOVISions of this section of the Deed of Trust including the obligation to Indemnify shaH survive tha payment of the Indebtedness and the satlsf,ll;tlOn and reconveyanCe of the hen of thiS Deed of Trust and shall no! be affected by lendel s acqulSlllon of any Interest In the Property whether by fOledosure orothfHWIS9 Nuisance Waste Grantor shall not cause conduct or permit any nUisance nor commIt permit or suffer any stripping of or waste on or to the Property or any portIOn of the Property Without limiting the generaltty of the foregOing Grantor Will not remove or grant to any other party the right to remol/e any tlmber minerals (Including Oil and gas) coal clay sCalia SOIl gravel 01 rock products Without Lenders pnor wrlrten consent Ramoval of ImprOl/llments GrantOI shall not demolish or remol/e any Improvements from thll Real property Without lender s prior written consent As a condition to the removal of any Improvements lender may requHc Grantor to make arrangements satlsfactory to lender to replace such Improvements With Improvements of at least equal value lender s RIght to Enter lender and lender s agents and representatives may enter upon the Real Property at all reasonable times to anane. to lender s lnterests and to Inspect the fleal Property lor purposes ot Grantor s compliance With the terms and COnditions of thiS Deed of Trust Compliance with Governmental ReqUIrement, Grantor shall promptly comply With all laws ordmances and regulations now or hereafter m eflect of all governmental authOrities applicable to the use or occupancy of the Property u1cludlng Without limitation the Amellcans With Disabilities Act Grantor may contest In good faith any such law ordinance or regulation and withhold compliance dUring any proceedmg mcludlng appropriate eppeals so long as Grantor has notified lender In wrltlng prior to dOing so and so long as In lender s sole opmlOn lender s Intercsts m the Property are not leopardlzed lender may reqUire Grantor to post adequate secullty or a surety bond reasonably satisfactory [0 lender to protect lender s Interest Duty to Protect Grantor agrees neither to abandon or leave unattended the Property Grantor shall do all other !lcts In addition to those acts set forth abol/e In thiS section which from the character and use 01 tile Property are reasonably necessary to protect and preSer\lB the Property Due on Sale Consent By lender lender may at lender s option declare ImmedIately due end payable all sums secured by thiS Decd of Trust upon the sale or transfer Without lender s pnor wflttan consent of all or any part of the Real Propelty or any Interest In the Real Property A sale or tlenslel mear.s the cOlweyar.ce 01 Real Plopeny 01 ar.)' 119ht mle or Interest In the Fleal fropeny whether legal benefiCial or eqUItable whether voluntary or Involuntary whether by outfight sale deed Installment sale contract land contract contract for deed leasehold Interest With 11 term greater than thlee (3) years laase option contract or by sale aSSignment or transfer of any benefiCia! Interest In or to any land trust holdmg title to the Real Properly or by any other methOd of conveyance 01 an Interest In the Real Property However thiS optIOn shall not bo exerCised by Lender If such exerCise IS prohibited by federal law or by Oregon law Taxes and liens The lollowlng prOVISiOnS relatmg to the taxes and liens on the Property are part of thiS Deed of Trust Payment Grantor shall pay when due (and In all even S prior to delinquency) all taxes speCIal taxes assessments charges (Including water and sewer) fines and ImpOSitions leVied against or on account of the Property and shall pay when due all claims for work done on or for serl/Icas rendered or material furnished to the Property Grantor shal! mamtaln the Property free of all liens haVing priority Ol/er or equal to the Interest of Lender under thIS Deed of Trust except for the lien of taxes and assessments not due and except as otherWise prOVided In thiS Dead of Trust RIght to Contest Grantor may Withhold payment of any tax assess.ment or claim In connection With a good faith dispute over the obhgatlonto pay so long as lenders Interestm the Property IS not jeopardized If a hen arises or IS filed as a result of nonpayment Grantor shall WIthin fifteen (15) days after the lien Bnses or II a hen IS fllcd Within !llleen (15\ days atter Grantor has flotlCe of the Iillng secure the discharge of the lien or I' requested by lender depOSit With lender cash or a SUffiCient corporate surety bond or other security satisfactory to lender In an amount suffiCient to discharge the lien plus any costs {!nd permiSSible fees or other charges that could accrue as a result of a foreclosure or sale under the hen In any contest Grantor shall defend Itself and lender and shall satisfy any adl/erse ludgment beforo enforcement against the Property Grantor shall name lender as an additional obligee under any surety bond furmshed In the contest proceedings EvIdence of Payment Grantor shall upon demand furnish to lender satisfactory eVidence of payment of the taxes or assessments and shall authOrIZe the appropnate governmental olhcml to deliver to lender at any time a written statement of the taxes and assessments against the Property NotIce of Construction Grantor shall notify lender at least flfteen (151 days before any work IS commenced any serVices are fumlshed or any materials are supplied to the Property If any mechaniC s lien materialmen s lian or other hen could be asserted on account of the work serl/lces or materials and the cost exceeds $2500000 Grantor wlIl upon request of lender furnish to Lender advance assurances satisfactory to lender that Grantor can and wdl pay the cost 01 such Improl/ements Property Damage Insurance The follOWing prOVISionS relating to InSUring the Property are a part of thiS Deed 01 Trust Maintenance of Insurance Grantor shall procure and mamtaln poliCies of fire Insurance with standard extended coverage endorsements on a replacement baSIS for the full lnsurable I/alue covermg all Improvements on the Real Property In an amount suffiCient to aVOid application of any COinsurance clause and With a standard mortgagee clausa In favol 01 lander Grantor shall also procure and mall1taln comprehensll/e general liablhty Insurance 111 such coverage amounts as lender may reQuest With Trustee and lender bemg named as additional msureds In such liability Insurance poliCies Additionally Grantor shall mamtaln such other Insurance Includmg but not limited to hazard buSiness mterruptlon and bOiler msurance as Lender may reasonably requIre PoliCies shall be Written In form amounts coverages end baSIS reesonably acceptable to Lender and Issued by a company or companies reasonably acceptable to lender Grantor upon request of lender will delll/er to lender from time to time the poliCies 01 certificates of Insurence In form satisfactory to lender Including stipulations that cOl/erages Will not be cancelled or dlmlnlshed Without at least ten (10) days prior wfltten notice to lender Each Insurance policy also shall mclude em endorsement proViding that coverage In favol of Lender Will not be Impaired m ;lny way by any act omiSSion or default of Grantor or any other person Should the Real Property be located m an area deSignated by the Director of the Fadoral Emergency Management Agency as a specl,,1 flood hazard area Grantor "grees to obtain and maintain Federal Flood Insurance If available Within 45 days after notice IS given by lender that the Property IS loceted )11 e speclalllood hazard area for the full unpaid Pllnclpal balance of the loan and any prior liens on the property securmg the loan up to the meXlmum policy limIts set under t~ NatlOl\il\ Flood Insmance Pfoglam 01 as otherWIse lequlled by lendel and to mamtaln such mSUfance for the tarm of Ihe loan Apphcatlon of Proceed, Grantor shall promptly notify lender of any loss or damage to the Property If the estimated cost of repair or replacement exceeds $1 00000 lender may make prool of loss If Grantor lalls to do so Within fifteen (15) days 01 the casualty Whether or not lender s security IS Impaired lender may at lender s. election receive and retain the proceeds of any InSuranCe and apply the proceeds to the reductiOn or the Indebtedness payment of enyhen affecting the Property or the restoration and repair olthe Property II lender elects to apply the proceeds to restoration and repair Grantor shall repair or replace the damaged 01 destroyed Improvements In a manner satisfactory to lender lender shall upon satisfactory proof of such expondlture payor reimburse Grantor from the proceeds for the reasonable cost of repair or restoratIOn tf Grantor IS not In default under thiS Deed of Trust Any proceeds which hal/e not been disbursed wlthln 180 days after thell receipt and which lender has not committed to the repall or restoratIOn 01 the Property shall be used first to pay any amount OWing to lender under thiS Deed of Trust then to pay accrued Interest and the remainder If any shall be applied to the prinCipal balance 01 the Indebtedness If lender holds any proceeds after payment In full of the Indebtedness such proceeds shall be paid to Grantor as Grantor s Interests may appear Grantor s Report on Insurance Upon request of Lender however not more than once II year Grantor shall fumlsh to lender e report on each eXlstlOg poliCY 01 InsuranCe shOWing (al tha name of the Insurer Ie) the risks Insured (cl the amount of the policy (d) the property Insured the then current replacement value of such property and the manner of determining that I/afue and (eJ the expiration date of the poliCY Gr;lntor shall upon request of lender hal/e an Independent appraiser satisfactory to Lender determine the cash I/alue replacement costol the Property lender s Expendltufe5 II any actIOn or proceeding IS commenced that would materially affect lender s Interest rn the PfOperty or If Grantor fads to comply With any prOVISion of thiS Deed of Trust or any Related Documents Including but not limited to Grantor s failure to discharge or pay when due any amounts Granlor IS reqUired 10 dIscharge or pay under thiS Deed of Trust or any Related DocumEJnts lender on Grantor s behalf may (but shall not be obligated to) take any action that lcnder deems appropriate including but not limited to dlschargll1g or paYing all taxes liens secunty Interests encumbrances and other c1aIlT'S at any time levled or placed on the Property and paYing all .--. j" loan No 5068531317 DEED OF TRUST (Continued) r Dati'" 'I-:.Js~lved: Pa,e 3 - , costs for inSUring ma'ntalnlng and preserving the Property All such expenditures Incurred or paid by lender for such purposes will then JAN _ ('l ?n, 08 bear Interest at the rate charged under the Note from the date Incurred or paid by lender to the date of repayment by Grantor All such 0 1.0 U expenses will become a part 01 the Indebtedness and at lender s option will (11 be payable on demand (2) be added to the balance of the Note and be apportioned among and bE) payable With any Installment payments to become due dUring either (al the term of any applicable Insurance policy or (b) the remaining term of the Note or (3) be treated as a balloon payment which will be due and payable at the Note s maturlly The Deed of Trust also Will secure payment of these amounts SUCh right shall be In addition to all other nghtOrigmal ~t..:~i!}1li..~ 1 remedies to whIch lender may be entitled upon Default Warranty De1'lInlllt of TItllt The fo/{owlrtg prOVISions relarmg to ownerShTp of the Property are a part 01 th,s Deoo of Trust Title Grantor warrants that fa) Grantor holds good and marxetable lItle of record to the Propelty In fee Simple free lInd clear of all liens and encumbrances other than those set forth In the Real Property descriptIon or In any title Insurance policy tllle report or final title opinion Issued In favor of and accepted by lender In connection With thiS Deed of Trust and (b) Grantor has the full fight power and authority to execute and deliVer thiS Deed of Trust to lender DefenlllJ of Title Subject to the exceptIOn in the paragraph abovo Grantor warrants and Will forever defend the t!tle to the Property against the lawful claims of all persons In the event any action or proceeding IS commenced that questions Grantor s title or the Interest of Trustee or lender under thiS Deed of Trust Grantor shall defend the action at Grantor s expense Grantor may be the nominal party In such proceeding but lender shall be entitled to partlc!pate In the procelJdlng and to be reprasented In the proceeding by counsel of lender s own chOice and Grantor Will deliver or cause to be delivered to lender such Instruments as lender may request from time to time topermJt suC/)partlclpatlOJl Compliance With laws Grantor warrants that the Property and Grantor s use of the Property compiles With all eXisting applicable laws ordinances and regulations of governmental authorities SurvlIIsl of Represantatlons ilnd Warrilntles All representatIOns warranties and agreements made by GrantOl In thiS Deed of Trust shall surVive the execution and delivery of thiS Deed of Trust shall be contlJlUlng In nature and shall remain In full force and effect until such time as Grantor s Indebtedness shall be paid In full Condemnation The follOWing prOVISiOnS relating to condemnation proceedmgs are a part of thiS Deed of Trust Proceadmgs If any proceedmg In condemnation IS filed Grantor shall promptly notify lender In writing and Grantor shall promptly take such steps as may be necessary to delend the actIon end obtam the award Grantor may be the nommal party In such proceedmg but lender shall be entltfed to partiCipate In the proceeding and to be represented In 1he proceedlJlg by counsel 01 ItS own chOIce and Grantor Will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by lender from t,me to tIme to permit such partiCipation ApplicatJon of Net ProclJeds If all or any part of the Property IS condemned by eminent domain proceedmgs or by any proceeding or purchase In lieu of condemnation lender may at Its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property The net proceeds of the award shall mean the award aher payment of all reasonable costs expenses and attorneys fees Incurred by Trustee or lender In connection With the condemnallon Imposition of Taxu Fallll and Chargee By GovernmlJntlll Authorities The follOWing provIsions relating to governmental taxes fees and charges are a part of thiS Dead of Trust Current TII)(8$ Fees and Cnarg8B Upon request by Lender Grantor shaH execute such documents In additIon to thiS Deed of Trust and take Whatever other action IS requested by lender to perfect and continue lender s lien on the Real Property Grantor shall reimburse Lender 101 all taxes es deSCribed below together With all expenses Incurred In recording perfecting or continuing thiS Deed of Trust Including Without limitation an taxes fees documentary stamps and other charges for recording or registering thiS Deed of Trust Taxes The follOWing shall constitute taxes to which thiS section applies (a) a speCifiC tax upOn thiS type of Deed of Trust or upon all or any part of the Indebtadness secured by thiS Deed of Trust lb) a speclllc tax on Grantor which Grantor IS authorized or reqUired to deduct from payments on the Indebtedness secured by thiS type of Deed of Trust lc} a tax on thiS type of Deed of Trust chargeable against the lender or the holder of the Note and (dl a speCifiC tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor Subsequent Taxes If /lny tax to whIch fhls section applies !S enacted subsaquem 10 Ihe date 01 thiS Deed of Trust thJS event shall have the same effect as an Event of Default and lender may exercise any or all of ItS available remedies for an Event of Delault as prOVided below unless Grantor either (a) pays the tax before It becomes delinquent or (b) contests thlJ tax as prOVIded above In the Taxes and liens section end depOSits With lender cash or a SUffiCient corporate surety bond or other security satisfactory to lender 5lJcurlty Agreement Ananclng Statementll The follOWing prOVISions relatmg to thiS Deed of Trust as a security agreement ara a part of thiS Deed of Trust SecurIty Agreemant ThiS Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures and lender shall have all 01 the rights of a secured party under the Uniform CommerCial Code as amended from time to time Security Interest Upon request by lender Grantor shall execute finanCing statements and take whatever other action 13 requestod by lender to perlect and continue lender s security Interest In the Rents and Personal Property In addition to recordmg thiS Deed of Trust If'I the real property records lender may at any time and Without further authorization from Grantor file executed counterparts copies or reproductIOns of thiS DelJd of Trust as a fmanClng statement Grantor shall reimburse lendor for all expenses Incurred In perfecting or continuing thiS security Interest Upon default Grantor shall not remove sever or detach the Personal Property from the Property Upon default Grantor shall assamble any Personal Property not affixed to the Property In a manner and at a place reasonably convenrent to Grantor and lender and make It available to lender wlthm three (3) days after receipt of written demand from lender to the extent permitted by applicable law Addr8nas The mailing addresses of Grantor (debtor) and lend.,r (secured party) from which Information concerning the security Interest granted by UllS Deed 01 Trust may be obtamed (each as reqUired by the Umform CommerCial Codel are as stated on the fllst page of this Deed of Trust FurthlJr Assurances Attorney In Fact The follOWing prOVISions relating to further assurances and attorney In fact are a part of thiS Deed of Trust Further Assurances At any time and ffom tIme to time upon request of lender Grantor Will make executa and deliver or Will cause to be made executed or delivered to lender or to lender s deSignee and when requested by lender causa to be fllad recorded reflled or rerecorded as the case may be at such times and In such olllces and places as lender may deem appropriate any and all such mortgages deeds of trust secullty deeds securIty agreements finanCing statements continuatIOn statements Instruments of further assurllnce certificates and other documents as may In the sole opmlOn of lender be necessary or dlJSlrable In order to effectuate complete perfect continue 0/ preserve (a) Grantor s obligations under the Note thiS Deed of Trust and the Related Documents and (bl the liens and seCurity Intert'sts created by thiS Deed of Trust as fnst and prror liens on the Property whether now owned or hereafter acqUired by Gramor Unless prohibited by law or lender agrees to the contrary In Wrltlng Grantor shall reimburse lender for all costs and expenses Incurred In connoc110n With the matters referred to In thiS paragraph Attorney In hct If Gnntor falls to do any 01 the tlungs referred to In the preceding paragraph lender may do so for and In the name of Grantor and at Grantor s expense Fo/ such purposes Grantor hereby Ir/evocably appoints lender as Grantor s attorney In fact for the purpose of making executing delivellng filing recording and dOing all other things as may be necessary or deSirable In lender s sole OpinIOn to accomp!Jsh the matters referred to m the preceding paragraph Full PlJrfo/manee Il Grantor pays all the Indebtedness when due and otherWIse performs all the obligations Imposed upon Grantor under thiS Dced of Trust lender shall execute and deliver to Trustee a rlJq\Jest for full reconveyance and shall execute and deliver to Grantor sUJtable statements of termination of any finanCing statement on file eVidenCing Lender s security mterest In the Rents and the Personel Property Any reConveyance fee reqUired by law shall be paid by Grantor If permllted by applicable law EVlJnts 01 D9fault Each of the follow,ng at Lender s option shall constitute an Event of Default Ul)der thiS Deed of Trust Paymllnt Default Granlo! falls to make any payment when due under the Indebtedness DthlJr DlJfault$ Grantor falls to comply With Of to perform any other term obligation covenant or condition contained In thiS Deed of Trust or In any of the Related Documents or to comply with or to perform any term obligation cOVenant or COndItion contained In any r , OF TRUST ontmued) ~ Loan No 5068531317 age 4 other agreement between Lender and Grantor Compliance Default FaIlure to comply with any other term obligatIon covenant or condition contained In thiS Deed of Trust the Note or In any of the Aelated Documents If such a lallure IS curable and If Grantor has not been given e notice of II breach of the same prOVISion 01 thiS Deed of Trust within the preceding twelve [12) monthS It may be cured (and no Event of Default Will have occurred) If Grantor after Lender sends written notice demanding cure of such !lIIIurB (al cures the failure Within "ftllen (15) days or {b) " the CUTe reqUires more than Mtllen [15) days Immediately Initiates steps sufflclalll to CUfe the failure and thereafter contlllues and completes all reasonable and necessary steps suffiCient to produce compliance as soon as reasonably practical Dehult on Other Pa.vm'mt$ Failure of Grantol WIthIn tl'le tIme lel;U\red bV thIS Oeed 01 TlIlst to ma'J.e 6ny pa)lment lor taxes QI Insurance or any other payment necessary to prevent flhng 01 or to effect discharge of any lIan Environmental Default Failure of any party to comply With or perform when due any term obligation convenant or condition contained In any environmental agreemen1 executed In connection WI ththeProperty F11lse Statements Any warranty representation or statement made or furnished to Lender by Grantor or on Grantor s behalf under thiS Deed of Trust or the Related Documents IS false or misleading In any matenal respect either now or at the tIme made or furnished or becomes false or misleading at llnytlmethereafter Defactive Collateullzatlon ThiS Deed of Trust or any of the Related Documents ceases to be In full force and effect llncludlng failure of any collateral document to create a valid and perfected securtty Interest or hen} at any time and tor any reason Death 01 Insolvef\C'( The death of Grantm the Insolvency 01 Grantor the appo\flt~nt of B rece\\ler fo: <lony p31t 01 Grantol S ploperty any assignment for the benefit of credItors anv type of creditor workout or the commencement at any proceedmg under any bank/uptcyor Insolvency laws byoragalnst Grantor CredItor or Forfeiture Proceedmgs Commencement of foreclosure or forfeiture proceedmgs whether by JudiCial proceeding self help repossession or any other method by any creditor of Grantor or bV any governmental agency a9amst any property securing the Indebtedness ThIS mcludes a garnishment 01 any of Grantor s accounts including depOSit accounts With Lender However thiS Event of Default shall not apply If there IS a good faith dispute by Grantor as to the validity or reasonableness of the ctalm which IS the baSIS of the creditor or forfeiture proceeding and If Grantor gives Lender wrotten notice of the creditor or forfeiture proceeding and depOSits With Lendel monlcs or a surety bond for the creditor or forfeIture proceeding In an amount determined by lender in Its sole discretIOn as being an adequate reserve or bond for the dispute e.,eacl\ 01 Other p-greement P,ny oleElch \)y Gnlontol unOe! the telms 01 any othel agl\llement between Gnlrlto! tlnd lender that IS not remedied within any grace penod proVided therem Including Without tlmltallon any agreement concerning any Indebtedness or other obhgatlon of Grantor to lender whether eXisting now or later Events AffectIng Guarantor P,ny of the preceding events occurs With respect to any guarantor endorser surety or accommodation party ot any 01 the Indebtedness or any guarantor endorser surety or accommodation party dies or becomes mcompetent or revokes or disputes the validity of or habllity under flny Guaranty of the Indebt(ldness In the event of a dealh Lender at ItS option may but shall not be reqUired to permit the guaranto! s estate to assume unconditionally the obligations arising under the guaranty In a mllnner satisfactory to Lender and In dOing so cure any Event of Default Adverse Change A matenal adverse change occurs In Grantor s finanCial condition or Lender beheves the prospect of payment or performance of the Indebtedness IS Impaired InsecurIty lender In good faith beheves Itseft Insecure Right to Cure II such a failure IS curable and If Glantor has not been given a notIce of a breach of the same prOVISion of thiS Deed of Trust Within the preceding twelve (12) months It may be cured (and no Event of Default Will have occurred I If Grantor after Lender sends written notice demanding cure of such failure (a) cures the failure Within fifteen (15) days or (bllf the cure reqUires more 1han fifteen (15) days Immediately Inltlates steps sulflClent to cure the failure and tnereafter contmues and completes all reasonable Bnd necessary steps suffiCIent to produce compliiJ;nce as soon as reasonably practical Rights and RemedIes on Default If an Event of Default occurs under thiS Deed of Trust at any time thereafter Trustee or Lender may exerCise anyone or more of the follOWing f1gnts and remedies Election of Remedlu Election by Lender to pursue any remedy shall not exclude purSUit of IIny other remedy ami an election to make 6ll.per.Oltules Of to ta'J.e actIon to ptlllOlm an obhga\lon 01 GIllntol undel thIS Deed 01 Trust l!lltel GIl!lntof s fa\lulB to pel10lm shall not alfect Lender s fight to declare a default and exerCise Its remedies Accelerate Indebt8dness Lender shall have the right at ItS option Without notice to Grantor to declare the entire Indebtedness Immediately due and payable including any prepayment penalty which Grantor would be reqUired to pay Foreclosure With respect to all or any part of the Real Property lhe Trustee shall have the fight to foreclose by notlca and sale and Lender shall have the right to foreclose by )udlclal foreclosure In either case In accordance wl1h and to the full extent proVided by apphcable law If thiS Deed of Trust IS foreclosed by )udlClal foreclosure Lender Will be entitled to a Judgment which Will prOVide that If the foreclosure sale proceeds are inSUffiCient to slltlsfy the Judgment execution may Issue for the amount of the unpaid balance of the Judgment UCC Remedies With respect to all or any part 01 the Personal Property lender shall have all tha fights and remedies of a secured party under the Uniform CommerCIal Code Collect Rents lender shall have the flghl Without notice to Grantor to take pOSseSSion of and manage the Property and cOllect the Rents mcludlng amounts past due and unpaid and apply Ihe net proceeds over and above Lender s costs against the Indebtedness In furtherance of thiS right lender may require any tenant Of other user of the Property to make payments of rent or use fees directly to Lender II the Rents are collected by lender then Grantor Irrevocably deSignates lender as Grantor s IItlorney In fact to endorse Instruments received In payment thereof In tha name of Grantor and to negotiate the same and collect the proceeds Payments by tenants 01 other users to Lender In response to Lender s demand shall satisfy the obligations for which the payments are made whether or not any proper grounds tor the demand eXisted Lender may exerCise Its rights under thIS subparagraph either In person by agent or through a receiver Appoint Receiver Lender shall have the right 10 have a receiver appOinted to take possasslon of all or any part of the Property With the power to protect and preserve the Property to operate the Property preceding foreclosure or sele and to collect the Rents from the Property and apply the proceeds over ilr1d above the cost of the receivership agamst the Indebtedness The receiver may serve Without bond If permItted by law lender s right to the appOintment of a receNer shall eXist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by lender shall not dIsqualify a person from serving as a recelvel Tenancy at Sufferance If Grantor remains In possession of the Property after the Property IS sold as prOVided above or lender otherWise becomes entitled to possession of the Property upon default of Grantor Grantor shall become a tenant at sufferance of lender or the purchaser of Ihe Property and shall at lender s option either lal pay II reasonable rental for the use ot the Property or Ib) vacate the Property Immediately upon the demand of lender Other RemedIes Trustee or lender shall have any other right or remedy provided In thiS Deed of Trust or the Note or by law NotIce of Sale lender shall give Grantor reasonable notice of the time Bnd place of IIny pubhc sale of the Personal Property or of the time after which any private sale or other Intended diSPOSition of the Personal Property IS to be mflde Reasonable notice shall mean notice given at least fdteen 115) days before the time of the sale or dll.POSltlon Any sale of the Personal Property may be made In conjunction With any sale of the Real Property Sale of th8 Property To the extenl permitted by applicable law Grantor hereby waives any and all fights to have the Property marshalled In exerCISing liS rights and remedies the Trustee or lender shall ba free to sell all or any part of the Property logethel or separately In one sale or by separate sales lender sl'1al1 be entitled to bid at any public sale on all or any portion 01 the Property Expenses If Lender Institutes any SUit or action to enforce any of the terms of thiS Deed of Trust lender shall be entitled to recover such sum as the court may adjudge reasonable Whether or not any court action IS Involved and to the extent not prohibited by law al\ Icasonable expenses lendel Incurs that \n lCI'IOCI s Dplf\IOn ale necess:!!y at any tIme 101 the plotectlon 01 Its Intel8st 01 the enforcement of Its rights shall become a part 01 the Indebtedness payable on demand end shall bear Interest at the Note rate from the ... ..IL.I~ " 'V -- . loan No 5068531317 DEED OF TRUST (ContInued) D9!~ [::J", ~ 'ad: ., date of the expenditure until repaid Expenses covered by this paragraph Include without limitation howllver-subJect 10 anlllH. under applicable law lender 5 ll)(penSes fot bankruptcy proceedings (including efforts to modify or vacate any automatic 1Ar4 InJunction) appeals and any antiCipated post Judgment collection services the cost of searching records obtaining title reports (including foreclosure/cports) surveyors reports and appraisal tees title lnsurance and fees for the Trustee to the extent permitted by applicable law Glantor also will pay any eourt costs III addition to ell other sums provided by law Rights of Truslee Trustee shall have all of the fights and duties of lender as set fonh In thiS section Powers and Obligations of Trustee The follOWing prOVISions relating to the powers and obligations of Trustee lire part of thiS Deed of Trust - 8 lCOB On9mal _~l.t, Powers of Trustee In addition to all powers of Trustee arISing as a matter of law Trustee shall have the power to take the follOWing actions With respect to the Property upon the written request of lendar and Grantor (aJ Jom m preparing and fllmg a map or plat of the Real Property Including the dedication of streets or other rights to the publiC (b) Jom m granting any easement or creallng any restriction on the Real Property and (c) lOin In any subordination or other agreement affecting thiS Deed of Trust or the Interest of lendar under thiS Deed of Trust Obllgatlons to Notify Trustee shall not be obligated to notify any other party 01 a pendmg sale under any other trust deed or lien or of any sctlon or proceeding In which Grantor l&nder or Trustee shall be II party unless the action or proceedmg IS brought by Trusteo Trustee Trustee shal! meet all quahflc!HIOnS requlrod lor Trustoo under applicable law In addItion 10 lhe rights and remedies set forth above With respect to all or any part ot the ProperlY the Trustee shall have the fight to foreclosa by Mtlce and sale and lender shall have the right to foreclose by JudlGlaf foreclosure III either case In accordance wllh and 10 lhe full extant prOVided by applicable law SucClluor Trustee lender at lender s optlon may from time to time appoint a successor Truslee to any Truslee appOinted under tl'11S Deed of Trust by an Instrument executed and acknowledged by lender and recorded In tho office of the recorder of lANE County State of Oregon The Instrument shall contain In addition to all other matters reqUired by state law the names of the orlgmal lender Trustee end Grantor the book and page where thiS Deed of Trust IS recorded and the name and address of the successor trustee and the Instrument shall be executed and acknowledged by lender or ItS successors In mterest The successor trustee WIthout conveyance of the Property shall succeed to all the title power and duties conferred upon the Trustee In thiS Deed of Trust and by epplicable law ThiS procedure lor subSlltutlon of Trustee shall govern to the exclUSion of aU other provIsions fot substitution Notlces Any notice reqUired to be given under thiS Deed of Trust Including Without limitatiOn any notIce of default and any notIce of sale shall be given In wrl1lng and shall be effective when actually delivered when actually received by telefecslmlle (unless otherWise reqUired by lawl when depOSited With a nationally recognized overnight courrer or If mailed when depOSited In the United States mall as lust class certified or registered mall postage prepaid directed 10 the addresses shown near the beginning of thiS Deed of Trust All copies of notices 01 foreclosure from the holder of any flen which has pnorlty over thIS Deed of Trust shall va sent to lender s address as shown noar the beginning 01 thiS Deed of Trust Any party may change Its address for notices under thiS Deed of T,,)st by giving formal WflUen nollce to tho other parties speCifYing that the purpose of the notice IS to change the party s address For notice purposes Grantor agrees to keep lender Informed at all times of Grantor s current address Unless olherwlse prOVided or reqUired by taw If there IS more than one Grantor Ilny notice given by lender to any Grantor IS deemed to be notice given to all Grantors Attorney Flies and Expenses The underSigned agrees to pay on demand all of lender s costs and expenses including lender s attorney fees and legal expenses mcurred In connection With enforcement of thiS Agreement lender may hire or pay someone else to help enforce thiS Agreement lender may also use attorneys who are salaried employees of lender to enforce lhls Agreement The underSigned shall pay ell costs and expenses ol oil such enforcement In the event arbitration SUit action or other legal proceedmg IS blOught to Interpret or enforce thiS Agleement the unders>gned agrees to pay all additional sums as the arbitrator or court may adjudge reasonable as lender B costs dlsbursamant~ and attorney fees at hearing trIal and on any and all appeals As used In thiS paragraph Agreement means the loan agreement promIssory note guaranty secunty agreement OJ other agreement document or Instrument 111 which thiS paragraph IS found even If thiS document IS also deSCribed by another name Whether or not an arbitration or COUrt action IS filed all reasonable attorney faes and expensos lender mcurs In plOtectmg ItS mterests and/or enforcmg thiS Agreement shall become part 01 the Indebtedness eVidenced or secured by thiS Agreement shall bear Interest at the highest applicable rate under the promissory note or credit agreement and shall be paid to lender by the other party or parties signing thiS Agreement on demand lhe attorney fees af1d expenses covered by thiS paragraph Includo Without limitation all of lender s attorney fees llncludlng the fees charged by lender s In house attornays calculated at hourly rates charged by attorneys In prlvato practice With comparable skill and expellence) lender s fees and expenses for bankruptcy proceedings (Including efforts to modify vacale or obtain rehef from any automatiC stayl fees end expenses lor lender s poslludgment co[lectlon actiVities lendor s cost of searching lien records searching publiC record databases on hne computer legal research tl11e reports surveyor reports appraISal reports collateral inSpection reports title It'lsurance and bonds Issued to protect lender s collateral all to the lullestextencellowedbylaw VENUE The loan transaction that IS eVidenced by thiS Agreement has been applied for conSidered approved and mado In the Stato of Oregon If there IS a laWSUit relating to thiS Agreement the underSigned sha[1 at lender s request submit to the JurisdictIon of the courts of lane Douglas or Washington County Oregon as selected by lender In Its sole discretion except and only to the extent of procedural matters related to lender s perfection and enforcement of ItS rights and remodles against tho coJlateraf for the loan If the law requires that such a SUlI be brought In another Jurisdiction As used In thiS paragraph the term Agreement means the promissory note guaranty security agreement or other agreement document or Instrument In which this paragraph IS found even If tnls document .s described by another name as well EXHIBIT -A~ An exnlblt titled Exhibit A IS attached to thiS Deed of Trust and by thiS relerence IS made a part of thIS Deed 01 Trust Just as Ifa)Jthe prOVISions terms and condttlons of the Exhibit had been fully set forth In this Deed of Trust Miscellaneous PrOVISIons The fo[IOWlng miscellaneous prOVISions are a part of thiS Deed of Trust Amendments ThiS Deed 01 Trust together With any Relatcd Document! constitutes the entire understanding and agreement of the parties as to the matters set forth In thIS Deed of Trust No a!ceriHlon of or _. ,.",~'.,,~.., to thiS Deed of TrusI shall be allectlVe unless glvon In wlltmg and Signed by the party or parties sought 10 be charged or bound by the alteratIOn or amendment Annual Reports 1/ tho Property IS usad for purposes other than Grantor s reSidence Grantor sh<lll lurnlsh to lender upon request a certified statement of net operatmg Income received from the Property dUring Grantor s prevIous fiscal year m such form and detail as lender shall require Net operatmg Incorno shall mean all cash receipts from the Property less ell cash expenditures made In connection With the operation 01 the Property ArbitratIon Grantor and lender agree that all disputes ela!ms and controversIes between them whethllr IndIVidual Jomt or class In nature (Irlslng from thIS Oaed of Trust or otherWISe Including without limitation contrect and tort disputes shall be arbitrated pursuant to the Rules of the AmlJrlcan ArbltralJOn ASSOCiation In affect at the time the claim Is fllad upon request of elthar party No act to teke or dispose of any Propllrty lIhall constrtute e waiver of this arbitratIon agreamlJnt or blJ prohibited by this arbitration lIgreemlJnt This Includos without limitatIon obtaining InJUnCtlVlI rlllle' or a temporary restraIning order foreclosing by notice end sale under any deed of IrUllt or mortgage obtaIning a writ of attachment or Imp0'5rt,,;m of a reCfIIV8r or BICB,cllIlnB any rlghfl ,olatlng to porsOlla! property Includmg takmg or dJsposlng of such properly WIth or without Judlc)al process pursuant to Article 9 of the Uniform Commercial Code Any disputes claims or controvarshls concerning the lawfulness or reasonableness of any act or aXllrclse of any fight concarnlng any Property Including any claim to lellclnd reform Or otherwlsa modify any agreement relatmg to the Propeny shall also be arbitrated provided howaver that no arbitrator shall havlI the rIght or thll power to enjoin or restrain any act of any pany Judgment upon any awsrd rendered by any arbitrator may be entared In eny court haVing JurIsdictIOn Nothing In this Deed of Trust shall pteclude llny party from seeking equitable relief from a court of Competent Jurlsdlctlon The statute 01 limitations estoppel waiver laches and slmt!ar doctrines which would otherwise be applicable in an actIon brought by a party shall be appllcabfa in any arbltretlon procl'tedmg end the commencement of an arbitration proceeding shell be deemed the COmmencement of an action for these PUrpOSllS The Federal ArbltratJon Act shall apply to the constructIon Interpretation and enforcement of this arbitration provisIon Caption HeadIngs CaptIOn headings m thiS Deed of Trllst are lor convenience purposos only and are not to be used to Interpret or define the prOVIsions of thiS Deed of Trust MIlr9'" There shall be no merger of the Uilllrest or estate created by tt"s Deed of Trust With any othel Interest or estate In the Property 31 any time held by or for the benefit of lender In any capacny without the Wllllen consent of lender GovernIng law ThiS Deed of Trust wlIJ be governed by construed and enforced In accordance wrth federal law and the laws of thll State of Oregon This Deed 01 Trust has been accepted by lender In the State 01 Dragon r 1 OF TRUST ontlnuedl . loan No 5068531317 age 6 No Waiver by lender lender shall not be deemed to have walVcd any rights under this Deed of Trust unless such Willver IS given In writing end s'gned by lender No delay or omiSSion on the part of Lander In exerCISing IIny fight shall ope/ale as a waiver 01 such right or any other fight A Willver by lender of a provISiOn of thiS Deed of Trust shall nOl prejudice Of constItute a Willver 01 Lender S fight otherWise to demand stnct compliance With that provIsion or any other prOVIsion of thIS Deed of TfUst No prior waiver by lender nor any course of dealing between lender and Grantor shall constitute B waiver 01 any of lender S fights or 01 any of Grantor s obligations liS to any future transactions Whenever the consent of Lender IS reqUired under thiS Deed of Trust the granting of such consent by Lender In any Instance shall not constitute contlnull'1g consent to subsequent Instances where such consent IS requited and In all cases such consent maybe granted or Withheld Inthesole dlscret,on of Lender Severability II a court of competent IUrlsdlctlon finds any provIsion 01 thiS Deed of Trust to be IlIega! Invalid or unenlorceable as to any CHl::umstance that fmdllllJ shall not ma'<.e the oflendlng PfovlSlon l!leg!!.l IfVi!!.\ltI Qf \JnenlOIl::eable as to l!ony othel CIrcumstance \1 leaslble the ol1endlng prOVIsion shall be considered modllled so that It becomes legal valid and enlorceable II the offending prOVIsion cannot be so modIfied It shall bll conSidered deleted from 1hls Deed of Trust Unless otherWise requITed by law the Illegality II'1valldlty or unenforceabillty of any provIsion of thiS Deed 01 Trust shall not affect the legality validity or enJorccabllily of any other prOVISiOn of this Deed of Trust Successors and Anlgns Subject to any limitations stated In thiS Deed of Trust on transfer of Grantor s mterest thiS Deed of Trust shall be binding upon and Inure to the benefit of the parties their successors and assigns 11 ownership of the Property becomes vested 11'1 a person other than Grantor Lender WIthout notice to Grantor may deal With Grantor s successors With reference to thIS Deed of Trust and the Indebtedness by way of forbearanco or extensIOn Without releaSing Grantor trom the obligations of thiS Deed of Trust or liability under the Indebtedness Time I. ot tha Essence Time IS of the essence In the performance of thiS Deed of Trust WalvfH ot Homestead ExemptIon Grantor hcreby releases and waives all fights end benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by thiS Deed of Trust Commercial Deed of Trust Grantor agrees With Lender that thiS Deed 01 Trust IS a commercIa! deed of trust and that Grentor Will not change the use of the Property Without Lender s prior written consent Definition, The followll'1g capitalized words end terms shall heva the follOWing meanings when used In thiS Deed of Trust Unless spaclflcally stated to the contrary all references to dollar amounts shall mean amounts lI'1 lawful money of the United States of Amenca WordS and terms used In the Sll'1gu!ar Shall Include the plural end the plural shall Include the Singular as the contcxt may require Words and terms not otherWise defined In thiS Deed of Trust shall have the meanll'1gs attributed 10 such terms 11'1 the UflIlorm CommerCial Code Beneficiary The word BenefiCiary means UmPQua Bank and ItS successors and assigns Borrower The word ~Borrower means GORDON A WEBB and Includes all co signers and co makers Slg(,\lf\g the Nate Deed of Trust The words Deed 01 Trust meal1 thiS Lme of Credit Instrument among Grantor Lender and Trustee and Iflcludes without limitation all SSSlgnmlmt and securrty Interest prOVISions relating to the Personal Property and Rents Default The word Default means the Default set forth Ifl thIS Deed of Trust In the section titled Default EnvIronmental Laws The words Environmental Laws mean any and all state led era I and local statut.es regulations and ordll'1ances relating to the protection of human health or the erlVlronment Iflcludlng Without limitation tne ComprehenSive EnVironmental Response Compensation end liabIlity Act of 1980 as amended 42 use Section 9601 et seq ( CERCLA I the Superfund Amendments and ReauthOrIZation Act of 1986 Pub L No gg 499 r SARA I the Hazardous Matonals Transportation Act 49 U S C Section 1801 et seq the Resource Conservation and Recovery Act 42 use Section 6901 et seq or other applicable state or lederallaws rules or regulations adopted pursuant thereto or Intended to protect human health or the environment Event of Default The words Event of Default rne.an any ot the events of default set lorth If'> thIS Deed 01 Trust In tM events 01 default section of thiS Deed of Trust Grentor The word Grantor means GORDON A WEBB GUilranty The word Guaranty means the guaranty from guarantor endorser surety 01 accommodatIOn party to Lendllr mcludlng Without limitation a guaranty of all or part of the Note Hazardous Substances The words Hazardous Substances mean materials that because of their quanNy concentration or phySical chemical or InfectiOUs characteristiCS may cause or pose a present or potential hazard to human health or the envrronment when Improperly used treated stored disposed of generated manufactured transported 01 otherWise handled The words Hazardous Substances are used In their very broadest sense and Include Without limitation any and all hazardous or tOXIC substances matenllls or waste as defmed by 01 listed under the EnVironmental Laws The term Hazardous Substances also Includes Without limitation petroleum mcludlng crude 011 and any fraction thereof IInd IIsbestos Improvements The word Improvements means all eXlsllng and future Improvements buildings structures mobile homes affixed on tho Real Property faCIlities additions replacements and other construction on the Real PrOpllrty Indebtedness The word Indllbtedness means all prll'1Clpal Interest and other amounts costs llnd expenseS payable under the Note or Related Documents together With all renewals of extenSIOns of modifications of consolldatJons of and Substitutions lor the Note or Related Documants and any emounts expanded or advanced by Lender to discharge Grantor s obligations or expenses Incurred by Trustee or Lender to enforce Grantor s obligatIOns under thiS Deed of Trust together with Interest on such amounts as prOVided In thiS Deed of Trust SpeCifically WIthout limitation Indebtedness mcludes illl amounts that may be lndllectly secured by the Cross Collaterallzatlon prOVISion of thl:' Deed of Trust lender The word Lender means Umpqua Bank: ItS successors and aSSigns Note The word Note means the promissory note dated September 29 2003 In the orlgmal prinCIpal amount of $240 000 00 from Gr<lntor to Lender together With aU renewals of extenSions of modifications of reflnancmgs of consolidations of and substitutions for the promissory note or agreement The maturity date of the Note IS September 29 2004 Personal Property The words Personal Property mean all eqUipment fixtures and other articles of personal property now or hereafter owned by Grantor and now or hereafter attached or affixed to the Rea! Property together With all acceSSIOnS parts and addItions to all replacements of and all substitutions for any of such property and together With all proceeds (lncludln9 Without limitation aU II'1surance proceeds and refunds of premiums) from any sale or other diSpOSition of the Property Property The word property means collectively the Real Property and the Personal Property Real Property The words Real Property mean the real property Interests and rights as further described In thiS Deed of Trust Related Documents The words Related Documents mean all promissory notes credit agreements loan agreements environmental agreements guarantlcs sccunty agreements mortgages deeds of trust secunty deeds collateral mortgages and all othcr Instruments agreements and documents whether now or hereafter eXisting executed In connection WIth the Indebtedness Rents The word Rents means all present and future rents revenues Income Issues royalties profits and other benefits denved from the Property Trustee The word -Trustea means First Amencan Title Insurance Company whose address IS 563 SE Main I PO Box 1325 R:;-ebuJg OR 97470 and any substitute or successor trustees :~""~:~ AA::J~;'"' .~,,,", ,., '''""' ...., .., .".", -'" " "' "'" -'ROUN~ - .........----- {, loan No 5068531317 DEED OF TRUST (Continued) Page 7 INDIVIDUAL ACKNOWLEDGMENT STATE OF tv 0 & (fh-- ) (UN I ISS I __~ ..-------T;<: .~~--~~~ , I). . OFFICIAL SEAL ; DENA l MULLIKIN , NOTARY PUBLIC OREGON ;. \ COMMiSSION NO 332468 ~ ~ ~ ~ __~~-~~~:M!S~I~~_~~P!R~S. ~P~I~ 11 2~C4 On this day before me the undersigned Notary Public personally appeared GORDON A WEBB to me known to be the IndiVidual described In and who executed the Deed of Trust and acknowledged that Ile or she signed the Deed of Trust as hIS or her free and voluntary act and deed for the uses and purposes therem menttoned COUNTY OF '-:>0 Se.n~~"'- day of 20~ Q~ J_II-(5L.{ :S:"=;?d 'ArT' rr Not; Public In :nd1::'r t~e State of {\, ( I 6. (~ ~ Re,ldlnget [1,(.-1tJl"."JI j My commissIon expIres To REQUEST FOR FUll RECONVEYANCE (To be used only when obllgatlOns have been paid In full) Trustee The undorSlgned IS the legal owner and holder of all Indebtedness secured by thiS Deed of Trust All sums secured by thiS Deed of Trust have been fully p,lId and satisfied You are hereby directed upon payment to you of any sums OWing to you under the terms of thiS Deed of Trust or pursuant to any applicable statute to cancel the Note secured by thiS Deed of Trust (which IS delivered to you together With thiS Deed of Trust) Bnd to reconvey without warranty to the parties deSignated by the terms of thiS Deed of Trust the estate now held by you under thlS Oeed of Trust Please mall the reconveyance and Related Documents to Date Beneficiary By It. "''''''''''L~'.Vw'''za'''''~...".~.,~~~, _ ~ """"'" A'""'" A_ 0'..''''''''10........'001.0"''''''..... 0 """',.- ::l CO :; C r" ,', <- m- " J> CO , :z ~ , ;:'1 (I F~ ", n "',' .,j L) :~ CJ CO { I U. ".....r-l\o'fl':Ol~ .. 1'8-0Z "9#1= \&--02. tIolOO n'O'l..oz.#-L\CD \~"OL- 02-Jt'L-IO! ~ '1 EXHIBIT "A" This EXHIBIT A 15 attached to and by this reference Is made a part or the Deed of Trust and Hazardous Substances Certificate and Indemnification dated September 29, 2003, and executed In connection with a loan or other financial accommodations between Umpqua Bank and Gordon A Webb PARCEL 1 The North one-half of the Southwest quarter, except therefrom the South 480 0 feet thereof 'j also Government Lot 5 and that port~on of Government Lot 4 lYl.ng South of a l~ne extended East from the Southeast corner of the T Maynard Donat~on Land Clalm No 37, In Sectlon 2 and the Northeast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that port~on of Government Lot 2 lYlng East of a l~ne runnl.ng South from the Southwest corner of aforesa~d Cla~m No 37 In Sectl.on 3 Townsh~p 18 South, Range 2 West of the Wlllamette Merldlan, In Lane County, Oregon EXCEPTING THEREFROM that tract conveyed to John F Charles and Donald Tlrrl.ll by deed recorded August 8, 1980, Receptlon No 8039045, Lane County Offlclal Records, In Lane County Oregon PARCEL 2 The North half of the Southwest quarter, Lot 5 and that part of Lot 4 ly~ng South of a llne extended East from the Southeast corner of Donat~on Land Clalm No 37, Section 2, and the Northeast quarter of the Southeast quarter and that part of Lot 2 ly~ng South of a l~ne extended West from the Southwest corner of sa~d Cla~m No 37, ln Seetlon 3, Township 18 south, Range 2 West of the Wlllamette Merld~an, Lane County Oregon, EXCEPTING THEREFROM that portlon of land above descrlbed whlch l~es Westerly from a l~ne drawn South from the SoutQwest corner of the T J Maynard Donat~on Land Clalm No 37, and North of the North llne of the Northeast quarter of the Southeast quarter of $ectlon 3, TOWTIShlp 18 South, Range 2 West of the Wl.llamette Mer~d~an, Lane County, Oregon, ALSO EXCEPT The North one-half of the Southwest quarter, except therefrom the South 480 0 feet thereof, also Government Lot 5 and that portlon of Government Lot 4 ly~ng South of a Ilne extended East from the Southeast corner of the T Maynard Donat~on Land Clalrn No 37, In Sectlon 2 and the Northeast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that portlon of Government Lot 2 1y~ng East of a 11ne runnl.ng South from the Southwest corner of aforesald Clalm No 37 ~n Sect~on 3, Townshlp 18 South Range 2 West of the Wlllamette Merldlan, In Lane County, Oregon PARCEL 3 ~l] ~~ th~ followlna IVlna East of Count v Road No 26~ The South half of the Southwest quarter of Sect~on 2 the Southeast guarter of the Southeast quarter of Sectlon 3, Lot 1 ln Sectlon 11, Lot 7 In Sectlon 10 also commenClng at the Northeast corner of John CLooney Donatlon Land ClaJ.m No 39 In Sect~on 11, runnlng thence North 890 41' West 47 78 challls, thence West to a po~nt North of the Northwest corner of Lot 4 ~n Sectlon 9, thence South to the Northwest corner of sald Lot 4, thence East 97 78 chalDs, thence North 10 70 chal.ns, more or less to the place of beglnnlng all In Townshlp 18 South, Range 2 West of the Wlllamette Merldlan In Lane County Oregon, ALSO Lot 6 ln Sectlon 10, Lots 2 3 and 4, In Seetlon 9 and commenClng 10 70 chal.ns North of the Easterly Southeast corner of the John Smlth Donatlon Land Clalm No 48 ln Sectlon 10, and runnlng thence North 27 05 chalns, thence West to the Wesl llne of sald clalm, thence South on the Wesl l~ne of sald elalm to a pOJ.pt West of the place of beg~nnln9 thence East to the place of be9~nn~ng, J.n Lane County, Oregon Continued ALSO Beglnn~ng on the West 11ne of sa~d Donatlon Land Clalm No 48 at the Northeast corner of Lot 9 1n Sectlon 9, runn1ng thence South 20 cha1ns, thence Ea~t to the East 11ne of the ell of sald Donat10n Land Clalm No 48 thence North 20 chalns thence West to the place of beg1nnlng all 1n TownshlP 18 South of Range 2 West of the Wl11amette Merld~an 1n Lane County, Oregon, EXCEPT from the above descrlbed property that certa1n tract conveyed to Oregon1an Ra11road Company by deed recorded August 27, 1890, ~n Book 25, Page 163, Lane County Oregon Deed Records, 1n Lane County, Oregon, ALSO EXCEPT that certa1il tract conveyed to The Oregon and Cal1forn1a Ra11road Company by deed recorded March 27 1891 1n Book 29 Page 55? Lane County Oregon Deed Records, 1n Lane County Oregon, ALSO EXCEPT the follow1ng descr1bed prem1ses, to-Wlt Beg1nnlng at a pOlnt on the West I1ne of the John Smlth Donat1on Land Clalm No 48 ln Tawnshlp 18 South Range 2 West of the Wlllamette Mer1dlan, 37 25 chalns South of the Northwest corner of sald clalm, and runnlng thence South along the West 11ne of the clalm 29 18 chalns, more or less, to a pOlnt 30 feet South of the Northeast corner of Lot 9 of Sectlon 9 of same townshlp, thence East 30 feet thence North 29 18 cha1ns more or less, to a pOlnt due East of the pOlnt of beglnnlng, thence West 30 feet to the place of beglnnlng, all 1n Lane County, Oregon, ALSO EXCEPT therefrom that certa1n tract of land conveyed to Mt June Foresl Products Co by deed recorded Apr~l 12, 1947, ~n Book 345, Page 539, Lane County Oregon Deed Records, 10 Lane County, Oregon, ALSO EXCEPT therefrom that certain tract of land conveyed to Weyerhaeuser Tlmber Company a Wash~ngton corporat1on, and The Booth~Kelly Lumber Company, an Oregon corporatlon, recorded July 22, 1947, In Book 352, Page 234, Lane County Oregon Deed Records, ~n Lane County, Oregon, ALSO EXCEPT that port10n descr~bed ln deed to SoutheTn Paclflc Company, recorded May 18 1954 Receptlon No 29826, Lane County Oregon Deed records lD Lane County, Oregon IS EXECUTED ON SEPTEMBER 29 2003 x "" VM ." ,,'-"', c," "...~. '" I~.... ~ In .." lcc.l ", "",'u ,..~. 0' "1'",,01<:"\1"''''', ~c '" ."', "... --~ ~~.~ ~ -...........-._.~~~~~-~........~~~ ~~~- _""_~~~ "'~v._." -f.~~-- _~ ._~~~ -,-,,- ~ .., 0 "'j!J'~' ... cO C S at C- O) (\ ~ CD , l ....., , . "' , (J f ro (', .,' .,' ~ ! , , I') ....., , o ~ ~ , , RETURN TO CASCADE TITLE CO GTZ-1I?SOJPW RECORDA nON REQUESTED BY Umpqua Bank Comm.rcl.!ll AlIal Estill. Deplllrtment PO BOll 1820 Ros.burg OR 97470 Division or Chle' Depuly CJ Lane Counly Deeds and Reeo , 200H8JlN '"1111111111111111111111111111111111111111111111 00638227200400831240020041 10/27/2004 12'39 22 PR CRSHIER 02 $41 00 WHEN RECORDED MAil TO Umpqua Bank 8uslne.. 8. Re.1 Esteteloan C.nt.r 500 SE Can Str.et I PO BOll 1820 Roseburg OR 97470 RPR-MOO Cnl=1 Sln=4 $20 00 $10 00 $11 00 Date Received SEND TAX NOTICES TO GORDON A WEBB 860 OCEAN DR SW BANDON OR 974119505 JAN - 8 2008 SPACE ABOVE THIS LINE IS FOR RECORorR S USI= ONLY unglnal SubmIttal MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated October 25 2004. Is made and executed between GORDON A WEBB t"Grantor I and Umpqua Bank CommerCial Real Estate Department PO Box 1820, Roseburg OR 97470 ( lender I DEED OF TRUST lender and Grantor have entered Into 8 Deed of Trust dated September 29 2003 lthe Deed of Trust-) whIch has been recorded In lANE County State of Oregon 115 follows Recorded Octobar 1 2003 Recording No 2003 096189 Official R.cords of line County Oregon The Currant Obngatlon may have been previously modified and all prior modificatIons If .ny ara h"aby acknowledgad retlflad end confirmed REAL PROPERTY DESCRIPTION The Deed of Tru,t covers tho follOWing described real property located In LANE County State 01 Oregon See Exhibit A which IS attached to thiS Mo<flfIcatlon lInd made a part of thiS Modification as II fully set forth herein The Real Property or Its address IS commonly known as 36191 JASPER RD SPRINGFIELD OR The Real Property tax Identlhcatlon number IS 05596801267861 13158270567097 1342326AND0567345 MODIFICATION Lender and Grantor hereby modify the Deed 01 Trust lIS lollows Extend moturlty data to September 29 2005 CONTINUING VALIDITY Except as oxpressly modified above the terms of the anginal Deed of Trust shall remain unchanged and In lull force and effect Consent by Lender to this Modification does not waive lender s oght to roqulre Strict performance of the Daed of Trust as changed above nor obligate lender to make any futuro modificatIons Nothing In thl, ModifIcation shall constitute a satlslactlon of the promISsory note or other credit agreement sClcured by the Deed 01 Trust !the Note I It Is the Imenllon 01 Lender to retain as liable all parties to the Deed of Trust and all paltles mskers and endorsers to the Noto Including accommodation parties IJnless a party Is axpressly released by lender 10 writing Any maker or endorser Including accommodation makers shall not bll roleased by virtue of thiS Modlllcatlon If any person who SIgned the anginal Deed 01 Trust does not sign thiS Modlllcstlon then all persons slgmng below acknowledge that this ModlhcatlOn IS gIVen conditionally based on the representation to lender that the non Slgmng porson consenls to the changes and prOVlsrons 01 thiS ModifIcation or otherWIse will not be released by It This warver applies not only to any Initial extenSion or modlllcatlon but elso to all such subsequent IICtlons ATTORNEY FEES AND EXPENSES The undersigned agreos to pay on demand all 01 Lander s costs and expenses Including lender 8 attorney fees and legal expenses lfIcurred In connection with enforcemenl of thiS Agreement lender may hire or pay someone else to help enforce thl' Agreement Lender may also use attorneys who Ire salafled employees of Lender to enforce thIS Agreament The undarSlgned shall pay all costs and expenses 01 ell such enforcement In the event arbItratIon Slllt action or otller legal proceadlng Is brOlJght to Interpret or enlorce this Agreement the underSIgned IIgree, to pay all additional sums as tho arbitrator or court may adludge reasonable as lendor s costs disbursements and anorney fees lit hearing tfllll llnd on eny and all appeals As used In tllls paragraph Agreement means the loan egreement promISSOry note guaranty secufIlyagleement or other sgreement document or IfIstrument In which thiS paragraph IS found even II thIS document IS also descflbed by another neme Whether or not an arbltrallon or court action Is Med all reasonable attorney fees and expenses Lender Incurs In prolectlng Its Interosts and/or enforCing thIS Agreement shall become part of the Indebtedness eVIdenced or secured by thIS Agreement shall bear Interest et the hIghest apphcable rata under the promissory note or credit egreemenl and shall be psld to Lender by the other party or parties Signing this Agreemllnt on demand The attorney fees and expenses covered by thiS paragraph Include without IImltetlon all of lender a anorney fees llncludlng the 1ees charged by Lender s In house anorneys calculated at hourly rates charged by anorneys In private practice With comparable 5\(111 and experience) lender s fees and expenses 10r bankruptcy proceedings !Including efforts to modify vacate or obtain felief from l!IfIY automatIC stay) 10es end expen:les lor lender a PO$t Judgment collection actiVities lender. cost of scorching lien records searching pubhc record datebas8s on llno computer legsl research title reports $urvoyor reports appralsel roports collateralln5pectlon reports title InSUlence and bonds Issued 10 protect lender s collateral all to the fullest extent allowed by law VENUE The loan transaction that I' eVidenced by thiS Agreement has been applied lor conSidered approved and made In tho State of Ologon II there IS a laWSUit relating to thla Agreement the underSIgned shall at Lender s roquest submit 10 the JUrlSdlctlon 01 the courts of lane Douglas or Washmgton County Oregon as salected by lender IfIlls sole discretion except and only to the extent of procedural matters related to lender s perfection and enforcement of Its rights end remedies against the collatoral lor the loan If the law reqUires that such,s SUit be brought m another Junsdlctlon As used In thiS paragraph the term Agreemenl meens the promissory note guaranty security agreemantpr other agreemenl documenl or Instrument In which thIS paragraph IS found even If thiS documant IS deSCribed by another neme~ as well APPRAISAL If at any time dunng the term of thiS Deed of Trust Ihe lender In the reasonable exercise of Its Judgment determines thet I~ IS IIkelv that there has been a material adverse chango In the value of the Real Property londer may obUlln at Borrower ~ expenJe' ahC'appralsa~ol the Reel Proparty prepared by an appraiser satISfactory to Lender and In a form and substance satlSfactory..to Lender ..."..' . ... GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANTOR AGREES TO ITS TER HIS MODIFICATION OF DEED OFTRUST IS DATED OCTOBER 25 2004 x (JJj lENDER :M~ AuthorludOflicar MODIFk ION OF DEED OF TRUST (ContInued) Page 2 loan No 6068531317 INDIVIDUAL ACKNOWLEDGMENT STAre OF n 1/ e~ Vn COUN~Y OF In.-v1 e -> I , SS , I) OFFIClAt. SEAL KARA HOLMES NOTARY PUBLIC OREGON . COMMISSION NO ...... MY COMMISSION EXPIRES SEP 30 ZOOI On this day before me the undersigned Notary Public personally appeared GORDON A WEBB to me known to be the mdlvlduel descnbed In and who executed the Modification 01 Deed of Trust end acknowledged thaI he or she signed the Modification liS his or her free end voluntary eet IInd deed for the uses Bnd purposes therom ment~ t.- I l GIVl~~dCrmy_~en~lInd_OfflclellellllhIJ!)..S daYOfnfTU~ 20D-, B,'J~AL4 R"ldr"g..iLi..lLOO~frt.u.JL lnl'5~ Not.., M",'" '""" 'h,S,.., " n~~ M,oomm,..","..p;,..ltj-"~n-n~c:; ~cn'-fol LENDER ACKNOWLEDGMENT STATE OF o~ ~/J.,n I ISS I .0 OFFICIAL SEAL DlNlSE J WILKINSON NOlllRV PUBUC.QREGON , COMMISSION NO 361985 MY COMMISSION EXPIRES OCT 10 2006 J COUNTY OF On thl5 B~. day of c.~ 20 ~ belore me the underSigned NO~O PU91IC personally Ilp~,ared k~umvVY\o^ andknowntometobethe~. trm~t'-r('J" ~c..9 . -L ~~t. _ _ I'~ n. ~ Iluthorrzed agent fOI the lender that execu1f!d the Within and foregOing m5trument end acknowledged said Instrument to be the free and voluntary act and deed of the said lender duly authorIzed by the Lender through Its board of EI (tors or otnerwlse for s and purposes therein mentIOned end on oath stated that he or she IS authorized to execute thIS S81d nstr ant endthet el d-.' the co/porate seal ofs81d lender Residing lit lDl.t; ("h y ~ C;~ J...~ Ct- , <.. Notrlry Public In IInd for 8 State of ~ My commission IlXplrllll 10 I, n 1 () (n ....."._~.._ ...,.._<............ ............,..,"...- .."...~_ ""..W'..\"""""o~n;T>\\"""" .EXhibit uA" Legal Descrlptron Date Recs;ved: ---.., This ExhibIt' A Is attached 10 and by this reference Is made a part of the ModIfication of Deed of Trust daled October 25 2004 and executed In connection with a loan or other fInancial accommodations between Umpqua Bank and Gordon A Webb JAN - 8 2008 PARCEL 1 Original Submittal The North one-half of the Southwest quarter except therefrom the South 480 0 feet thereof also Government Lot 5 and that port~on of Government Lot 4 lY1ng South of a l~ne extended East [rom the Southeast corner of the T Maynard Donat~on Land Cla~m No 37, ~n Sect~on 2 and the No~theast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that port~on of Government Lot 2 ly~ng East of a l~ne runn~ng South from the Southwest corner of aforesa~d Cla~m No 37 In Sect~on 3 TownshlP 18 South, Range 2 West of the Wlllamette Merldlan, In Lane County Oregon EXCEPTING THEREFROM that tract conveyed to John F Charles and Donald Tlrrlll by deed recorded August 8 1980, Recept~on No 8039045, Lane County Offlclal Records, ln Lane County Oregon PARCEL 2 The NOJ:.'th half of the Southwest quarter, Lot 5 and that part of Lot 4 IYlng South of a l~ne extended East from the Southeast corner of Donatlon Land Claim No 37, Sectlon 2, and the Northeast quarter of the Southeast quarter and that part of Lot 2 ly~ng Sou~h of a llne extended West from the Southwest corner of sald Cla~m No 37 ln Seetlon 3, Townsh~p 18 South Range 2 West of the Wlllamette Merld~an Lane County, Oregon, EXCEPTING TIIEREFROM that port2on of land above descr~bed WhlCh l~es Westerly from a l2ne drawn south from the Southwest corner of the T J Maynard Donat~on Land Cla~m No 37, and North of the North llne of the Northeast quarter of the Southeast quarter of SeetloD 3, Townsh~p 18 South, Range 2 West of the W~llamette Mer2dlan, Lane County Oregon ALSO EXCEPT The North one-half of the Southwest quarter, e~cept therefrom the South 480 0 feet thereof, also Government Lot 5 and that portlon of Government Lot 4 IY2ng South of a l~ne extended East from the Southeast corner of the T Maynard Donatlon Land Clalm No 37 ~n Sectlon 2 and the Northeast quarter of the Southeast quarter except therefrom the South 480 0 feet thereof, also that port2on of Government Lot 2 IYlng East of a llne runn~ng South from ~he Southwest corner of aforesa2d Clalm No 37 ln Seetlon 3 Townshlp 18 South Range 2 West of the Wlllamette Merldlan In Lane County, Oregon PARCEL 3 All of the follow~no IVlno East of Count v Road No 266 The South half of the Southwest quarter of Sectlon 2 the Southeast quarter of the Southeast quarter of Sect~on 3, Lot 1 In Sect20n II, Lot 7 In Sectlon 10 also commenclng at the Northeast corner of John C Looney Donat~on Land Cla~m No 39 ln Sect~on 11, runnlng thence North 89~ 41' West 47 78 cha~ns, thence West to a point North of the Northwest corner of Lot 4 In Sect~on 9 thence South to the Northwest corner of sa~d Lot 4, thence East 97 78 chalns, thence North 10 70 chalns more or less, to the place of beg~nnlng all 2n Township 18 South, Range 2 West of the Wlllamette Merld~an, ~n Lane County, Oregon, ALSO Lot 6 ~n Sect~on 10 Lots 2 3 and 4 ~n Sect~on 9 and commenClng 10 70 chalns North of the Easterly Southeast corner of the John Sm~th Donat~on Land Claltn No 48 In Seetlon 10, and runn~ng thence North 27 05 chalns, thence West to the West llne of sald clalm thence South on the West llne of sald cla~m to a p02nt West of the place of beglnnlng, thence East to the place of beglnnlng, ln Lane County, Oregon ALSO Beglnnlng on the West 12ne of sa2d Donatlon Land Cla~m No 48 at the Northeast corner of Lot 9 ~n Seetlon 9, runnlng thence South 20 cha1ns, thence East to the East l~ne of the ell of sa~d Donat~on Land Clalm No 48 thence North 20 cha~ns, thence West to the place of beg2nnlng, all 10 TownshlP 18 South of Range 2 West of the W~llamette Merld~an, In Lane County Oregon , EXCEPT from the above descr~bed property that certa~n tract conveyed to Oregon~an Ra~lroad Company by deed recorded August 27, 1890 ~n Book 25, Page 163, Lane County Oregon Deed Records ~n Lane County Oregon, ALSO EXCEPT that certa~n tract conveyed to The Oregon pod Callfornla Ral1road Company by deed recorded March 27 1891 ~n Book 29 Page 55, Lane County Oregon Deed Records, 1n Lane County, Oregon ~LSO EXCEPT the ~followlng descrlbed premlses to-Wlt Beglnnlng at a pOlnt on the West Ilne of the John Smlth Donatlon Land C1a1m No 48 10 Townshlp 18 South, Range 2 West of the Wl11amette Merldlan 37 25 chalDs South of the Northwest corner of sald clalffi and runnlng thence South along the West I1ne of the claim 29 18 chalDs more or less to a pOlnt 30 feet South of the Northeast corner of Lot 9 of Sectlon 9 of same townshlp thence East 30 feet, thence North 29 18 chalns more or less, to a pOlot due East of the pOlnt of beglnnlog thence West 30 feet to the place of beglnnlng, all In Lane County, Oregon ALSO EXCEPT therefrom that certaln tract of land conveyed to Mt June Forest Products Co by deed recorded Aprll 12 1947, 10 Book 345, Page 539 Lane County Oregon Deed Records, ln Lane County Oregon ALSO EXCEPT therefrom that certaln tract of land conveyed to Weyerhaeuser Tlmber Company, a Washlngton corporatlon, and The Booth-Kelly Lumber Company an Oregon corporatlon recorded July 22, 1947 ln Book 352, Page 234 Lane County Oregon Deed Records 1n Lane County, Oregon ALSO EXCEPT that portlon descrlbed In deed to Company, recorded May 18, 1954, Receptlon No Oregon Deed Records, 10 Lane County, Oregon Southern Paclflc 29826, Lane County THIS EXHIBIT A IS EXECUTED ON MAY 20, 2004 By LENDER ~ X Authorized Officer 01 Z-Z,lO;;o',>,-, ftrV\ ~ETURN'tO CASGJIDE TITLE CO , ..-"% Division aT ~hlef Depuly Clerk Lane Counly Deeds and Records l~~O.~~~m ' RECORDATION REQUESTED BY Umpqua Bank CommercIal Real Estate Department C/O Loan Support Services PO Box 1580 Roseburg OR 97470 /111111111111" 11/111//1111/1111 "" 1111l1li1/ 0076~846200~00991750J40047 12/14/2005 12,14:57 PM CRSHIER 05 $41 00 WHEN RECORDED MAIL TO Umpqua Bank PO BOX 15BO Roseburg OR 97470 RPR-MOD Cnl=l Sln=l $20 00 $10 00 $11 00 Date Received. SEND TAX NOTICES TO GOROON A WEBB B60 OCEAN OR SW BANDON. OR 97411 95m~ JAN - 8 2008 SPArE ABOVE (1'Sj' INFI'\,f.C),I! RFC,QRDFR S ',/SF ONLY , 1 YIII";, i:>UUlllf,la,. ' MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated December 9, 2005. IS made and executed between between GORDON A WEBB ("Grantor") and Umpqua Bank. whose address IS Commercial Real Estate Department, C/O Loan Support Services. PO Box 1580, Roseburg, OR 97470 ("lender") DEED OF TRUST lender and Grantor have entered mto a Deed of Trust dated September 29, 2003 (the' Deed of Trust") whIch has been recorded In LANE County, State of Oregon as follows Recorded October 1 2003 Recordmg No 2003096189 Official Records of Lane County Oregon The Current Obligation may have been previously modified, and all pllor modificatIOns, If any are hereby acknowledged ratified and conflrmed REAL PROPERTY DESCRIPTION The Deed of Trust covers the follOWIng described real property located In lANE County, State of Oregon See ExhIbIt A ~ whIch IS attached to thIs ModIfIcatIon and made a part of thIs ModIficatIon as If fully set forth herem The Real Property or Its address IS commonly known as 36191 JASPER AD SPRINGFIELD OR 974789564 The Real Property tax IdentIfIcatIon number IS 0559680 1267861, 1315827, 0567097, 1342326 AND 0567345 MODIFICATION lender and Grantor hereby modify the Deed of Trust as follows Decrease mdex margm to 50% and extend maturity date to November 15, 2006 CONTINUING V ALlOITY Except as expressly modIfied above, the terms of the ongmal Deed 01 Trust shall remam unchanged and In full force and effect Consent by lender to this Modification does not waive lender's fight to require stnct performance of the Deed of Trust as changed above nor oblIgate lender to make any future modifIcations Nothing In thIs ModIficatIOn shall constitute a satisfactIOn of the promissory note or other credit agreement secured by the Deed of Trust (the "Note") It IS the intention of lender to retam as hable all parties to the Deed of Trust and all parties makers and endorsers to the Note, including accommodation partIes, unless a party IS expressly released by lender m writing Any maker or endorser including accommodation makers shall not be released by virtue of thIs ModIfication If any person who SIgned the anginal Deed of Trust does not sIgn this Modification then all persons slgnmg below acknowledge that this ModIfication IS given condItionally based on the representatIon to lender that the non slgmng person consents to the changes and prOVISIOns of this ModificatIon or otherWIse Will not be released by It This waiver applies not only to any initial extensIon or modification, but also to all such subsequent actions ATTORNEY FEES AND EXPENSES The underSigned agrees to pay on demand all of lender s costs and expenses, mcludlng lender s attorney fees and legal expenses, Incurred In connection With enforccment of this Agreement Lender may hIre or pay someone else to help enforce this Agreement Lender may also use attorneys who are salaned employees of lender to enforce thIs Agreement The underSigned shall pay all costs and expenses of all such enforcement In the event arbitration, SUit, action or other legal proceedmg IS brought to Interpret or enforce this Agreement the underSigned agrees to pay all additional sums as the arbitrator or court may adjudge reasonable as lender's costs dIsbursements, and attorney fees at hearing tnal and on any and all appeals As used In thIS paragraph "Agreement~ means the loan agreement promissory note guaranty securrty agreement or other agreement document or Instrument m which thIS paragraph IS found even If thiS document IS also deSCribed by another name Whether or not an arbitratIOn or court actIon IS filed all reasonable attorney fees and expenses lender Incurs In protecting Its mterests and/or enforCing thiS Agreement shall become part of the Indebtedness eVIdenced or secured by thIS Agreement shall bear Interest at the hIghest applicable rate under the promissory note or credit agreement and shall be paId to lender by the other party or partIes signing thiS Agreement on demand The attorney fees and expenses covered by thiS paragraph Include Without limitatIon all of lender's attorney fees (including the fees charged by lender's In house attorneys calculated at hourly rates charged by attorneys m private practice WIth comparable skill and experience), lender s fees and expenses for bankruptcy proceedmgs (mcludlng efforts to modify vacate, or obtam reltef from any automatic stay), fees and expenses for lender's post Judgment collection actiVIties, lender s cost of searching hen records, searchIng public record databases, on Itne computer legal research title reports surveyor reports appraIsal reports, collateral Inspection reports, tItle Insurance, and bonds Issued to protect lender s collateral, all to the fullest extent allowed by law GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANTOR AGREES TO ''" '~'"' "",,,.,,,, OC ,~ OC m"~ . "'" "",,.m, "" ::;~&. ~ (J )oJJ to ..." " Loan No 5P68531317 ,..JDIFICATION OF DEED OF TRUST (Contmued) Page 2 LENDER UMPQUA BANK . OFFICIAl SEAl KARA HOLMES NOIAIlY PUIlLIC OREGON COMMISSION NO 3975e9 MY COtIlI~S CII/ EXPIlES!EP 30 2009 x~~ , Authorized OffIcer STATE OF D~OVI COUNTY OF {~ .' INDIVIDUAL ACKNOWLEDGMENT :.......... I- I ss I On this day before me, the undersIgned Notary Pubhc, personally appeared GORDON A ~B-B~ ;0-: k:~W-:::::th~ described In and who executed the Modification of Deed of Trust, and acknowledged that he or she signed the Modification as hiS or her free and voluntary act and deed, for the uses and purposes therein mentioned Given u~cty my hand and official 60al thiS l:'Z;--j1/'- ByK~ - Notary Pubhc In and for the State of ()~ day of be.(!__P~ ,20 D S ReSIdIng at /!LfW?~vL &tL- ~ My commission eXPlre~ q - 30 - D Cj U LENDER ACKNOWLEDGMENT COUNTY OF ()rPJf7n ....; I_OJV., I I ss I . OFfiCIAL SEAL ANDREA 5 MADDOX NOTARY PUBLIC-OREGON COMMISSION NO 377943 MY COMM~ON -EXPIRES fEB 2b, 200lI STATE OF day of r1fr p ~ r 20 05 before me the undersigned Notary PubliC personally I-lnl ffl<'S end known to me to be the V \II- IP~I~-""!-- . authOrIZed agent for the lender that executed the Within and foregOing Instrument and acknowledged said Instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the lender through Its board of directors or otherwise, for the uses and purposes therein mentioned and on oath stated that he or she IS authOrIZed to execute thiS said :;"U71';:rtt hhO~11\S(i{JC(OGf sa,d Lend" ()YPj on I Ya rtt On thIS appeared Notary Pubhc In and for the State of ReSldmg at 0 '10/ YlJ.- 0 r-.tadIY) My commISSIon expores t::F h ~(~O ::Jm5 . , ---- -..----------- ---- ---------- l~l!ft PRO l .... v, I 2t 00 001 ~..' ~."...,""""" So"OO~1 I"" 'In lOOll "" "<0"'" ft, . QO.. "'~C\C'nL'''C10;'C 1~ ,J61Q p... -:; ,.r , ~ . p Date r..:::ajved= "-. JAN - 8 2~~8 EXHIBIT "Au Original Submittal PARCEL 1 The North one-half of the Southwest quarter, except therefrom the South 480 0 feet thereof, also Government Lot 5 and that portlon of Government Lot 4 lYlng South of a I1ne extended East from the Southeast corner of the T Maynard Donatlon Land Clalm No 37, In Beetlon 2 and the Northeast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that portion of Government Lot 2 lYlng East of a line runnlng South from the Southwest corner of aforesald Claim No 37 In Beetlon 3, Townsh+p 18 South, Range 2 West of the Willamette Merldlan, In Lane County, Oregon, EXCEPTING THEREFROM that tract conveyed to John F Charles and Donald Tirrill by deed recorded August 8, 1980, Reception No 8039045, Lane County Off~c~al Records, ~n Lane County, Oregon PARCEL 2 . The North half of the Southwest quarter, Lot 5 and that part of Lot 4 lying South of a line extended East from the Southeast corn~r of Donat~on Land Claim No 37, Section 2, and the Northeast quarter of the Southeast quarter and that part of Lot 2 lying South of a l~ne extended West from the Southwest corner of Ba~d claim No 37, 1n Sect~on 3, Township 18 South, Range 2 West of the W~llamette Meridian, Lane County, Oregon, EXCEPTING THEREFROM that port~on of land above descr1bed which lies Westerly from a line drawn South from the Sout~west corner of the T J Maynard Donation Land Cla>m No 37, and North of the North l~ne of the Northeast quarter of the Southeast quarter of Section 3, Townsh~p 18 South, Range 2 West of the W~llamette Mer~d1an, Lane County, Oregon, ALSO EXCEPT The North one-half of the Southwest quarter, except therefrom the South 480 0 feet thereof, also Government Lot 5 and that port>on of Government Lot 4 lYlng South of a llne extended East from the Southeast corner of the T Maynard Donat1on Land Cla>m No 37, in Sectlon 2 and the Northeast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that port2on of Government Lot 2 lY1ng East of a line runn~ng South from the Southwest Corner of aforesa2d Cla~m No 37 1n Section 3, Township 18 South Range 2 West of the Wlllamette Mer1dlan, In Lane County, Oregon " i . '.o "'.. ,-' PARCEL 3 , , , , , All of the followlno IVlno East of Countv Road No 2t==:6 The South half of the Southwest quarter of Sect.on 2, the Southeast quarter of the Southeast quarter of Section 3, Lot 1 In Sectlon 11, Lot 7 In Seetlon 10 also commenclng at the Northeast corner of John CLooney Donatlon Land Cla~m No 39 in Beetlon II, runnlng thence North 890 411 West 47 78 chalns, thence West to a pOlnt North of the Northwest corner of Lot 4 1n Sectlon 9, thence South to the Northwest corner of sald Lot 4, thence East 97 78 chalns, thence North 10 70 chaIns, more or less, to the place of beglnnlng, all ln Townshlp 18 South, Range 2 West of the Wlllamette Merldlan, In Lane County, Oregon, ALSO Lot 6 1n Seetlon 10, Lots 2, 3 and 4, In Sectlon 9 and commenc1ng 10 70 chains North of the Easterly Southeast corner of the John Smlth DonatIon Land Clalm No 48 In Seetlon la, and runnlng thence North 27 05 chalns, thence West to the West lln8 of Bald clalm, thence South on the West 11n8 of said cla1m to a point West of the place of beglnnlng, thence East to the place of beglnnlng, ln Lane County, Oregon, ALSO Beglnn~ng on the West l~ne of sa~d Donat~on Land Clalm No 48 at the Northeast corner of Lot 9 in Sect~on 9, runnlng thence South 20 chalns, thence East to the East l~ne of the ell of said Donatlon Land Clalm No 48, thence North 20 chalns, thence West to the place of beglnnlng, all 1n Township 18 South of Range 2 West of the Wlllamette Merldlan, 1n Lane County, Oregon, EXCEPT from the above descrlbed property that certaln tract conveyed to Oregon1an Ra~lroad Company by deed recorded August 27, 1890, ~n Book 25, Page 163, Lane County Oregon Deed Records, 1n Lane County, Oregon, ALSO EXCEPT that certa~n tract conveyed to The Oregon and Californ1a Railroad Company by deed recorded March 27, 1891, in Book 29, Page 55, Lane County Oregon Deed Records, in Lane County, Oregon, ALSO EXCEPT the followlng described prem~ses, to-w~t Beginnlng at a point on the West llne of the John Smlth Donatlon Land Clalm No 48 ~n Townshlp 18 South, Range 2 West of the wlllamette Merldlan, 37 25 chalns South of the Northwest corner of sald claim, and runnlng thence South along the West Ilne of the claim 29 18 chalns, more or less, to a pOlnt 30 feet South of the Northeast corner of Lot 9 of Sect~on 9 of same townshlp, thence East 30 feet, thence North 29 18 chalns, more or less, to a pOlnt due East of the pOlnt of beglnn~ng, thence West 30 feet to the place of beglnnlng, all 1n Lane County, Oregon, ALSO EXCEPT therefrom that certaln tract of land conveyed to Mt June Forest Products Co by deed recorded Apr~l 12, 1947, ln Book 345, Page 539, Lane County Oregon Deed Records, ln Lane County, Oregon, ALSO EXCEPT therefrom that certaln tract of land conveyed to Weyerhaeu~er T~mber Company, a Washlngton corporatlonl and The Booth-Kelly Lumber Company, an Oregon corporation I recorded July 22, 1947, In Book 352, Page 234, Lane County Oregon Deed Records, 1n Lane County, Oregon, ALSO EXCEPT that portlon descrlbed ln deed to Southe~n Pac1fic Company, recorded May 18, 1954, Reception No 29826, Lane County Oregon Deed fecords, In Lane County, Oregon cr 2,-,&50) f1:P " RETlJRN TO CASCADE TITLE CO .. RECORDA TION REQUESTED BY Umpqua Bank Lane County CommercIal Loan Center CIO Loan Support Services PO Box 1580 Roseburg OR 97470 ( Division of Chief Depuly Clerk Lane Counly Deeds and Records '\ 2~~D.~~o~o2 WHEN RECORDED MAil TO Umpqua Bank PO BOX 1580 Roseburg OR 97470 11111111111111111 " 11111111111'" '"1111111 $41. 00 00865198210 ;018 ;56200410~9 12/01/2006 03:48:25 PM RPR-MOD Cnl=l Sln=l CASHIER 05 $20 00 $10 00 $11 00 Date Received SEND TAX NOTICES TO Gordon A Webb 860 OCEAN OR SW BANDON. OR 974119505 JAN - 8 2008 SPACE ABOVe THI,{i);rj~19ah~~~s "f[ QrJL Y MODIFICATION OF DEED OF TRUST THIS MODI FICA TION OF DEED OF TRUST dated November 27, 2006. IS made and executed between between GORDON A WEBB ("Grantor") and Umpqua Bank, whose address IS lane County CommercIal loan Center, CIO loan Support Services, PO Box 15BO, Roseburg, OR 97470 ("lender") DEED OF TRUST Lender and Grantor have entered mto a Deed of Trust dated November 27, 2006 (the Deed of Trust") which has been recorded In Lane County, State of Oregon, as follows Recorded October 01 2003 Book and Page No 2003096189 The Current Loan Obhgatlon may have been prevIOusly modified, and all prior modificatIOns, If any, are hereby acknowledged ratified and confirmed REAL PROPERTY DESCRIPTION The Deed of Trust covers the followmg described real property located In lane County State of Oregon Sea Exhibit 'A', which IS attached to thIS ModifIcatIOn and made a part of thiS ModifIcatIOn as ,f fully set forth herein The Real Property or Its address IS commonly known as 36191 Jasper Road Springfield, OR 974789564 The Real Property tax IdentifIcatIOn number IS 0559680,1267861,1315827 0567097,1342326 AND 0567345 MODIFICATION lender and Grantor hereby modify the Deed of Trust as follows Increase Lme Amount to $250,000 00 and extend Maturity Date to November 15, 2007 CONTINUING VALIDITY Except 8S expressly modified above the terms of the ongmal Deed of Trust shall remain unchanged and m full force and effect Consent by lender to thiS Modification does not waive lender's fight to reqUIre strIct performance of the Deed of Trust as changed above nor obl/gatf/lender to make any future modlflcatlons Nothrng In thiS Modification shalt constitute a satIsfactIon of the promissory note or other credit agreement secured by the Deed of Trust <the "Nate) Jt IS the mtentlon of Lender to retain as liable all parties to the Deed of Trust and all partl8s, makers and endorsers to the Note, including accommodatIOn parties unless a party IS expressly released by Lender In wntrng Any maker or endorser, includIng accommodation makers, shall not be released by virtue of thiS ModificatIOn If any person who sIgned the original Deed of Trust does not sign thiS Modlfrcatlon then all persons signing below acknowledge that thiS Modlflcatlon IS given conditionally based on the representation to Lender that the non Slgmng person consents to the changes and provISions of thiS Modification or otherWise Will not be released by It ThiS waiver applies not only to any Initial extension or modIfication but also to all such subsequent actions APPRAISAL If at any time durrng the term of thiS Deed of Trust the lender In the reasonable exerCise of Its Judgment determines that It IS likely that there has been a matanal adverse change In the value of the Real Property Lender may obtain, at Borrower's expense, an appralsa! of the Real Property prepared by an appraiser satisfactory to Lender and In a form and substance satisfactory to Lender GRANTOR ACKNOWLEOGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEEO OF TRUST AND GRANTOR AGREES TO ITS TERMS THIS MOOIFICATION OF OEEO OF TRUST IS DATED NOVEMBER 27. 2006 GR 'TO / (jm - " X LENDER :M~ Authorlzed Officer ----r t..........-__., Jj._...'<....~'......_.:Il.~.".~...,. ~.~,...~'". ,......--~.~ - -_.,~ -- - .~ - -- -"-- --' , . ^ -,0 loa" No 5068531317 III. .lIFICATION OF DEED OF TRUST (Continued) Page 2 STATE OF 6/J2rnIA COUNTY OF, 'k J i/ e rJ'.I'" (? INDIVIDUAL ACKNOWLEDGMENT I PfI~ -, .~g=~~:A~J I 5S NOTARY Pl.IBI.JC.CALJf ~ RI'IERlOOE COUNTY .... _' :~:,~~~_~a..~ _ ! On this day before me the undersigned Notary Public personally appeared Gordon A Webb to me known to be the indIVIdual descnbed In and who executed the Modification of Deed of Trust, and acknowledged that ~ sIgned the Modlflcatlon a~~ free and voluntary act and deed, for the uses and purposes therein mentioned K Given under my hand and OffiClawal this ~ 9 day of .r - I CA-IJ I. I J l C'/'rrc!(.A By ~-,.L.L..!:,;z.~ ~ ~.."~...) I~,,/sr Notary Public In and for the State ofL4 ~ ~ r" I A /Y~(/ RaSldlng at ~ JYe 6/J 20L2b- //, pf/'J (/oV--<' /l'J ~rtL <;r~::;?&&f/i , My commiSSion expires lENDER ACKNOWLEDGMENT STATE OF ~ili' 91 I I ss . OFFIClAlSEAl ~ - ANDREA S MADDOX NOTARY PUIiLK;.eREGON C-QMMIS5lON-Nb 377943 M'l'COMMlSslON'fXPlRF~ FEB 26: 2008 d,ay q1 tV ()V ~ , 20 0 {p ,before m" the undJjSI:n"ed ~otar: PYblIC" personally lo(f)/Yt1 H-n1YV1M andknowntomatobathe \. I,rc~ rr)'St!;l!-!:'-;t' . authonzed agent for the lender that executed the wlthm and foregOing Instrument and acknowledged said Instrument to be the free and voluntary act and deed of the said lender, duly authorized by the lender through Its board of directors or otherwise, for the uses and purposes the rem mentioned and on oath stated that he or she IS authonzed to execute this saId ~:t71a~O:5~tOdd~~fsardLende' R'Sldmga' ~IArM ~ ()rJ?~, Notary Public In and for the State of Drp /J...1?'v\ , My commission expires 0 ~" Q/ 0 Q~ -(I COUNTY OF On thIS appeared .,o.~u PM . <\d"1 V.. 'J2 '000) C... H,,'.>4 ~",."".I 50' >on I"" In] lelll ,0." ^ I'" R . . OR 0 1.~AO\CA\l'''0202 Fe fA '\411 'A 12 ,~__ I _illl ,Y1loi1._. ..1 ..J ..:.0.. ......_~""""-;;,..l;;,i,..;..J lIO:;O...a..Iii.lIIlIIoolol.......IO.a... """"':O;;;L1.._~..."'" ..,.. ......_........"""""'" _ ~_,_. ..__.~ II...~. .1'''... _ ... . -- R . d.~ Date 0(, 2ilVe . JAN - 8 2008 EXHIBIT "A" PARCEL 1 OngInsl SubmlttF'1 The North one-half of the Southwest quarter, except therefrom the South 4BO 0 feet thereof, also Government Lot 5 and that port~cn of Government Lot 4 ly~n9 South of a line extended East from the Southeast corner of the T Maynard Donat~on Land Claim No 37j In Sectlon 2 and the Northeast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that portion of Government Lot 2 ly~ng East of a line runn~ng South from the Southwest corner of aforesald Claim No 37 in Seetl.on 3, Towneh:J,p 18 South/ Range 2 West of the Wl.llamette Meridlan, in Lane County, Oregon, EXCEPTING THEREFROM that tract conveyed to John F Charles and Donald Tirrill by deed recorded August 8, 1980, Reception No 8039045, Lane County Off1cial Records, in Lane County, Oregon PARCEL 2 The North half of the Southwest quarter, Lot 5 and that part of Lot 4 lying South of a line extended East from the Southeast corner of Donat1on Land Claim No 37, Section 2, and the Northeast quarter of the Southeast quarter and that part of Lot 2 lying South of a 11ne extended West from the Southwest COrner of said Clalm No 37, in Section 3, Township 18 South, Range 2 West of the Willamette Merid1an, Lane County, Oregon, EXCEPTING THEREFROM that port,on of land above described which lies Westerly from a 11ne drawn South from the Southwest corner of the T J Maynard Donation Land Cla,m No 37, 'and North of the North line of the Northeast quarter of the Southeast quarter of Section 3, Township 18 South, Range 2 West of the Willamette Meridian, Lane County, Oregon, ALSO EXCEPT The North one"half of the Southwest quarter, except therefrom the South 480 0 feet thereof, also Government Lot 5 and that port~on of Government Lot 4 lY1ng South of a I1ne extended East from the Southeast COrner of the T Maynard Donation Land Cla,m No 37, in Section 2 and the Northeast quarter of the Southeast quarter, except therefrom the South 480 0 feet thereof, also that portion of Government Lot 2 lying East of a line runnlng South from the Southwest corner of aforesaid Cla1m No 37 'n Section 3, Township 18 South Range 2 West of the Willamette Merld~an, In Lane County, Oregon .....'.~'6~. 'n"o "'","4_ ~._.....~_",. .'. -- ...... .....~-,." .........-.. ,... ... ,,. ....-.....- --' , "'~ PARCEL J All of the fo] lOW.1DO IV1DO East of rOlmt:v RO<id No 266. The South 'half of the Southwest quarter of Sect~on 2, the Southeast quarter of the Southeast quarter of Section 3, Lot 1 in Section 11, Lot 7 ~n Sectlon 10 also commencing at the Northeast corner of John CLooney Donatlon Land Cla~m No 39 in Section 11, runnlng thence North 89Q 411 West 47 78 chalns, thence West to a point North of the Northwest corner of Lot 4 In Seetlon 9, thence South to the Northwest corner of sald Lot 4, thence East 97 78 chalnsl thence North 10 70 chains, more or less, to the place of beginning, all In Township 18 South, Range 2 West of the Wlllamette Merldian, In Lane County, Oregon, ALSO Lot 6 In Beetlon 10, Lots 2, 3 and 4, In Section 9 and commenclng 10 70 chains North of the Easterly Southeast corner of the John Smith Donat~on Land Claim No 48 in Section 10, and runn~ng thence North 27 05 cha~ns, thence West to the West line of said claim, thence South on the West l~ne of said claim to a p01nt West of the place of beginn1ng, thence East to the place of beg~nning, 10 Lane County, Oregon, ALSO Beg1nn1ng on the Weat llne of ea1d Donation Land Claim No 48 at the Northeast corner of Lot 9 in Section 9, running thence South 20 chains, thence East to the East l~ne of the ell of said Donat1on Land Clalm No 48, thence North 20 chalns, thence West to the place of beginn1ng, all 10 Township 18 South of Range 2 West of the Wlllamette Mer~dlan, 10 Lane County, Oregon! EXCEPT from the above descrlb~d property that certaln tract conveyed to Oregonlan Railroad Company by deed recorded August 27, 1890, in Book 25, Page 163, Lane County Oregon Deed Records, 1n Lane County, Oregonl ALSO EXCEPT that certa~n tract conveyed to The Oregon and Californ1a Ra~lroad Company by deed recorded March 27, 1891, in Book 29, Page 55, Lane County Oregon Deed Records, in Lane County, Oregon, ALSO EXCEPT the following described premises, to-Wlt Beg~nn~ng at a point on the West line of the John Sm1th Donat1on Land Cla1m No 48 in TownshlP 18 South, Range 2 West of the W111amette Mer1dian, 37 25 chalns South of the Northwest corner of sa1d claim, and running thence South along the West line of the claim 29 18 chains, more or less, to a pOlot 30 feet South of the Northeast corner of Lot 9 of Section 9 of same township, thence East 30 feet, thence North 29 18 cha~ns, more or less, to a pOlnt due East of the pOlnt of beglnnlng, thence West 30 feet to the place of beglnning, all in Lane County, Oregon, ALSO EXCEPT therefrom that certain tract of land conveyed to Mt June Forest Products Co by deed recorded Apr11 12, 1947, 1n Book 345, Page 539, Lane County Oregon Deed Records, 1n Lane County, Oregon, ALSO EXCEPT therefrom that certaln tract of land conveyed to Weyerhaeu~er Timber Company, a Waah1ngton corporation, and The Booth-Kelly Lumber Company, an Oregon corporation, recorded July 22, 1947, ~n Book 352, Page 234, Lane County Oregon Deed Records, In Lane County, Oregon, ALSO EXCEPT that port~on described In deed to South~~n PaCIfic Company, recorded May 18, 1954, Reception No 29826, Lane County Oregon Deed fecords, in Lane County, Oregon ,...,. . .... ,.... ."",_ ..."......1.......,..,......... . l' v:. , ., d "" ~ ~ o :z :5 :z w w cc '" cc ~ o t- Z cc ffi cc 1'~' -- ;> FINAL AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT JASPER ROAD EXTENSION DEDICATION OF RIGHT OF WAY TO LANE COUNTY t: L T - dC::OLf~-CXO Date Received JAN - 8 2008 PARTlE~ Milland Properties limited Partnership POBox 989 ,- -DI~I"I;n- ~f-c~\lliy:J~~~--,;n~I-~laiIO Eugene, Oregon 97440 Lane Counly Deeds and Records 'UU~.U~Uv~U James A. SmeJkal POBox 26224 Eugene, Oregon 97402 1IIIIIrlllllll\IIIIIIII\\1II1r111111\1I11 $166,00 0j59 ,1 ;4200 '00.; :54 :029029 06/25/200410:51:19 AM RPR-AGRE Cnl=l Sln=6 CASHIER 07 $145 00 $10 00 $11 00 McDougal Bras Investments A Partnership composed of Norman McDougal and Melvin McDougal POBox 518, Creswell, Oregon 97426 ~ Crossroads Development llC, an Oregon limited liability Company Hayden Watson 2622 SW GlaCier Place SUite 110 Redmond, Oregon 97756 Gordon Webb 860 Ocean Dnve Bandon, Oregon 97411 City of Springfield, A Municipal Corporation of the State of Oregon 225 Fifth Street Springfield, Oregon 97477 Lane County, A Political SubdivIsion of the State of Oregon 125 East 8th Street Eugene, Oregon 97401 Agreement for Construction of Public Improvement Jasper Road - 1 .r, I I'. ~ ~ "/,,, ..",. ~~~_ A " FINAL RECITALS WHEREAS, MILLAND PROPERTIES, LIMITED PARTNERSHIP IS the owner of the real property more particularly described and set forth In Exhibit A attached hereto and , Incorporated herein by reference For reference on the date of execution of this agreement, Exhibit A IS also known as Map Identification No 18 02 10 00, Tax Lot '200' WHEREAS, McDOUGAL BROTHERS INVESTMENTS IS the owner of the real property more partICularly described and set forth In Exhibit B attached hereto and Incorporated herein by reference. For reference on the date of execution of this agreement, Exhibit B IS also known as Map Identification No. 18 02 10 00, Tax Lot 900 WHEREAS, CROSSROADS DEVELOPMENT llC, IS the owner of the real property more particularly descnbed and set forth In Exhibit C attached hereto and Incorporated " herein by reference For reference on the date of execution of this agreement, Exhibit C IS also known as Map Identification No 180203 00, Tax lot 501 WHEREAS, GORDON WEBB IS the owner of the real property more particularly descnbed and set forth In Exhibit D attached hereto and Incorporated herein by reference For reference on the date of execution of this agreement, Exhibit D IS also known as Map Identification No 1802 09 00, Tax lot 100, and 1802 10 00, Tax lot 100 WHEREAS, JAMES A SMEJKAL IS the owner of the real property more particularly descnbed and set forth In Exhibit E attached hereto and Incorporated herein by reference For reference on the date of execution of this agreement, Exhibit E IS also known as Map Identification No 18 02 10 00, Tax lots 1001, 1200, 1201, 1301 and 18 02 15 00, Tax lot 100 WHEREAS, each of the owners descnbed above are planning or undertaking developments of the real property more particularly descnbed and set forth In Exhibits A, B, C, D, and In E which Will necessitate the construction of safe and adequate access and the proVISion of the utilities to said real property WHEREAS, the properties descnbed In Exhibit A, B, C, D, and E are located In the "Natron" area Within the City of Spnngfield Urban Growth Boundary which IS planned for development With residential, commercial and Industnal uses to become an urbanized area under the Junsdlctlon of the City of Spnngfield WHEREAS, the owners deScribed above agree that the Jasper Road ExtenSion would enhance future development plans for the ultimate residential commerCial, and industrial uses planned or to be developed on the real property to be deScribed above, and Agreement for Construction of Public Improvement Jasper Road - 2 Ij " FINAL WHEREAS, the City of Spnngfield has worked with the owners on an Oregon Department of Transportation Growth Management Grant to Improve the Natron Area's development opportunities and development configurations, and o ::! co S !!!. WHEREAS, the City of Spnngfield believes that the construction of the Jasper Road ~ ExtenSion IS necessary for the economic and transportation well-being of the ~ community, and ::i: !!!. WHEREAS, In order to expedite and facilitate the development of their respective properties by the construction of the Jasper Road Extension, property owners are willing to dedicate nght of way for the Jasper Road ExtenSion, and WHEREAS, In order to permit the development of the Jasper Road Extension on the expedited time table requested by Mllland Properties, McDougal Brothers Investments, Crossroads Development LLC, Gordon Webb, and James A SmeJkal, the dedications descnbed herein must be made or the project will be deferred by the City of Spnngfield and lane County until a later date, and WHEREAS, subJect to the dedication of nght of way by landowners' descnbed herein and government authontles approvals, Lane County will construct a road usually referred to as the Jasper Road ExtenSion connecting Oregon State Highway 126 and the Eugene-Spnngfield Highway and Jasper Road near Brand S Road, and WHEREAS, the City of Springfield has offered to proVide Transportation System Development Charge (SDC) credits for those portions of the nght of way dedicated by the owners which exceed 60 feet In Width, the Width of the street that would normally be required for the development of the owners' property, NOW THEREFORE based upon the foregOing reCitals which are expressly made a part of thiS agreement, It IS agreed between the parties as follows' AGREEMENT 1. Mllland Prooerties. limited Partnership Responsibility A MILLAND PROPERTIES, LIMITED PARTNERSHIP hereby agrees to dedlcatatD Lane County a 30 5 meter Wide nght of way for road and utility purposes as generally depicted In location on Exhibit AA Said dedication document shall be executed upon request from and at no cost to Lane County B MIlLAND PROPERTIES, LIMITED PARTNERSHIP agrees to dedicate to Lane County the real property descnbed In Section lA above As partial conSideration for the foregOing dedication, City of Spnngfield shall proVide Mllland Properties, Limited Partnership, transportation SDC credit for land dedicated outSide a 3D-foot nght of way at the rate of $24,000 per acre Agreement for Construction of Public Improvement Jasper Road - 3 0 "- li) l> - Z CD I ::0 00 CD C"l ...., CD = <: = 00 CD Q. , , FINAL C MIlLAND PROPERTIES, LIMITED PARTNERSHIP on dedication to lane County of the nght of way descnbed In 1 A shall sell the real property which IS approximately 13 03 acres, subJect to a mutually agreed upon final acreage determination between the City of Spnngfield and MIlLAND PROPERTIES, LIMITED PARTNERSHIP more particularly descnbed and set forth In Exhibit A-l and depicted at Parcels A, B, C and D to the City of Spnngfield for the sum of $24,000 per acre Said sale IS under threat of eminent domain There will be no Transportation SDC credit applicable to the real property descnbed In Exhibit A-l and sold by MILLAND PROPERTIES, LIMITED PARTNERSHIP proVided In consideration for this sale 2. McDouaal Brothers Investments ResDonsibihtv A MCDOUGAL BROTHERS INVESTMENTS hereby agrees to dedicate to lane County a 61 meter wide nght of way for road and utility purposes as generally depicted In location on Exhibit AA Said dedication document shall be executed upon request from and at no cost to lane County As a partial conSideration for the foregOing dedication, City of Spnngfield shall prOVide McDougal Brothers Investments, transportation SDC credit for land dedicated outside a 60 foot nght of way at the rate of $24,000 per acre In addition to the 61 meter nght of way as descnbed above, MCDOUGAL BROTHERS INVESTMENTS hereby agrees to dedicate to lane County and/or the City of Spnngfield additional nght of way lYing on the easterly Side of said 61 meter nght of way as needed to accommodate the more southerly of the two intersections to be constructed to prOVide access to the extension ThiS intersection Will be a permanent access to the extension The nght of way to be dedicated to lane County or the City of Spnngfield will Include additional fee title and/or slope easements necessary to match the grade of the access road intersection With the grade of the connecting road and adJacent land lYing outside and easterly of the 61 meter nght of way The purpose of said additional dedications IS to accommodate any fill slopes lYing outside of the 61 meter dedicated right of way that may be needed to accommodate the currently-proposed at-grade Intersection of the connector road and the extenSion, as well as any overpass intersection which may be constructed In the future As a partial consideratIOn for the foregOing dedication City of Spnngfield shall prOVide MCDOUGAL BROTHERS INVESTMENTS transportation SDC credit for necessal)!~lope easements B MCDOUGAL BROTHERS INVESTMENTS shall dedicate the on-site relocation of Brand S Road (a pnvate road) as generally depicted on Exhibit AA as an approach road to the intersection With the Jasper Road Extension alignment It IS understood the access pOint on Jasper Road Will remain as fixed, however, thiS road may be relocated by MCDOUGAL BROTHERS INVESTMENTS subject to approval of City of Spnngfield and Lane County Dedication of the onslte relocation of Brand S Road shall proVide access to those parties currently uSing Brand S Road including but not limited to that property presently known as the Cornelius property, Map Identification No 18-02-10, Tax lot 1300, the properties currently known as the Agreement for Construction of Public Improvement Jasper Road - 4 FINAL Smejkal properties consisting of Map Identification No 18-02-10, Tax Lots 1200, 0 1201, 1001, 1102, 1103, 1104, and 1100 Map Identification No 18-02-11, Tax Lo1ll 300,400,1600 Map Identification No 18-02-15, Tax Lot 100, and, the Haley S property, Map Identification No 18-02-10, Tax lot 1002 MCDOUGAL BROTHERS !!!. en INVESTMENTS shall also prOVide access to Parcel B and Will cooperate With Lane 5- County In developing an access to Parcel A on Exhibit AA 3 .,. ~ !!. Ci Upon 120 days wntten notice from Lane County MCDOUGAL BROTHERS INVESTMENTS shall remove all railroad Improvements to be salvaged located wlthlr the 61 meter dedicated nght of way prior to proJect bid advertisement ProJect contractor Will remove any remaining railroad Improvements located Within the 61 meter dedicated nght of way CII Upon dedication to lane County of the nght-of-way descnbed In Paragraph 2A, the property descnbed on Exhibit "B" to this Construction Agreement, Lane County Will pay McDougal $75,000 00 and Springfield Will pay McDougal $375,000 00 which McDougal Will accept as total compensation for damages for the loss or relocation of the railroad spur at Its current location on McDougal properties and shall hold Lane County and the City of Spnngfield harmless from any and all claims Should the relocation of railroad spur require a new SWitch on the UP main line, the Oty shall compensate MCDOUGAL actual costs up to a maximum of an additional $47,900 recognizing the higher costs for turnout construction relocation and inflation of construction costs and deSign as depicted In April 11, 2003 estimates proVided to CITY by MCDOUGAL CIII McDougal shall defend, indemnify, and hold harmless Lane County and City of Spnngfield harmless from all claims of damages from any lessee of McDougal on McDougal's property anslng from the dedication of the 61 meter nght of way and/or construction of the proJect In the manner proposed D MCDOUGAL BROTHERS INVESTMENTS shall supply to Lane County and City of Spnngfield from Its current lessee (at the time of execution of thiS Agreement) a Signed waiver of any leasehold Interest and/or clalm(s) of damage(s) due to the dedication of a 61 meter Wide right of way and/or construction of the project In the manner proposed, and further, MCDOUGAL BROTHERS INVESTMENTS shall Include In any lease With any future lessee a waiver of Lane County and the City of Spnngfield of any leasehold Interest and/or clalm(s) of damage(s) due to the dedication of a 61 meter Wide nght of way and/or construction of the proJect E MCDOUGAL BROTHERS INVESTMENTS IS responsible for obtaining all wetlands permits and mitigation necessary for MCDOUGAL BROTHERS INVESTMENTS to fulfill ItS responsibilities for relocation of the railroad spur Agreement for Construction of Public Improvement Jasper Road - 5 v 0 <- III l> CD Z I ::u CD 00 0 ...... CD c::> <: c::> 00 (Q a. FINAL 3. C::ro~sroads DeveloDment LLC 'J A CROSSROADS DEVELOPMENT LLC, hereby agrees to dedicate to Lane County a 61 meter wide nght of way for road and utility purposes as generally depicted In location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to Lane County B CROSSROADS DEVELOPMENT LLC, agrees to dedicate to Lane County the real property descnbed In Section 3A above As partial conSideration for the foregoing dedication, City of Springfield shall proVide Crossroads Development, LlC, transportation SDC credit for land dedicated outside a 60 foot nght of way at the rate of $24,000 per acre 4. Webb's ResDonsibihtv A WEBB hereby agrees to dedicate to Lane County a 61 meter Wide nght of way for road and utility purposes as generally depIcted In location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to lane County. B WEBB agrees to dedicate to Lane County the real property descnbed In Section 4A above As partial conSideration for the foregoing dedication, City of Spnngfield shall provide Webb, transportation SDC credit for land dedicated outside a 60 foot nght of way at the rate of $24,000 per acre 5. Smeikal Resoonsibihtv A JAMES A SMEJKAL hereby agrees to dedicate to lane County nght of way for road and utility purposes as generally depicted In location on Exhibit AA Said dedication document shall be executed upon request from and at no cost to Lane County In consideration therefore, City of Springfield shall proVide SmeJkal transportation SDC credit for all property dedicated In excess of 60 foot nght of way at the rate of $24,000 per acre 6. Cltv of Sorinafield Resoonslbilities A The nght of way for Jasper Road ExtenSion shall be as generally depicted In location on Exhibit AA See Exhibit AA attached hereto and Incorporated herein by reference B. ProVide coordination and assistance to Lane County In carrying out Its responSibilities under Paragraph 7 C Work with County to assure construction of Jasper Road ExtenSIOn Agreement for Construction of PubliC Improvement Jasper Road - 6 FINAL D Provide Transportation SDC credit of $24,000 per acre for all nght of way required to be dedicated which IS In excess of 60 feet width, as specified In 0 paragraph lB, 2B, 3B, 4B, and SA These SDC credits shall run With the land, nliil the property owner ~ , - C/l E Coordinate With each property owner who IS a party to this agreement a vehll~~ access plan of a future local and collector street layout which will prOVide access il Jasper Road Extension via an Intersection to be constructed as part of project A~ minimum, access to the extension will Include two intersections, as generally depicted on Exhibit AA, between ItS intersection With Mount Vernon Road and Its Intersection With Jasper Road. F Upon dedication of the nght of way desCribed In 1 A to lane County acquire the real property more particularly descnbed and set forth In Exhibit A-l depicted as Parcels A, B, C and D from MILLAND PROPERTIES LIMITED PARTNERSHIP on the terms and conditions speCified In Section 1 C, and proVide to MILLAND PROPERTIES LIMITED PARTNERSHIP access from the southerly intersection of the extension to Its real property descnbed In Exhibit A following the transfer of the real property descnbed In Exhibit A-l to Lane County at grade and comparable to access prOVided to other parties hereto G Upon dedication to Lane County of the nght-of-way deScribed In Paragraph 2A, , the property desCribed on Exhibit "B" to thiS Construction Agreement, Lane County will pay McDougal $75,000 00 and Spnngfield will pay McDougal $375,000 00 which McDougal Will accept as total compensation for damages for the loss or relocation of the railroad spur at Its current location on McDougal properties and shall hold lane County and the City of Springfield harmless from any and all claims Should the relocation of railroad spur require a new SWitch on the UP main line, the City shall compensate MCDOUGAL actual costs up to a maximum of an additional $47,900 recognizing the higher costs for turnout construction relocation and inflation of construction costs and deSign as depicted In Apnl 11, 2003 estimates proVided to CITY by MCDOUGAL 7 County ResDonslbihtie!! A Pay McDougal Brothers Investments a sum of $75,000 as total compensation for damages, If any, due to the loss of the railroad spur at Its current location B Construct a permanent approach road intersection and temporary re-routlng of Brand S Road (a pnvate road) as generally depicted on Exhibit AA C AcqUISition and development of all wetlands mitigation and conservation easement slte(s) for the Jasper Road Extension to the extent reasonably practical. It IS understood that all wetlands mitigation shall be consistent With requirements Imposed by the DIVISion of State Lands and the Army Corps of Engineers Agreement for Construction of Public Improvement Jasper Road - 7 .... > :z: I 00 ~ ~ CJ ~ ::xl CD ~ :< CD a. ., FINAL D Work with the City to assure commencement of construction of Phase I of the Jasper Road ExtensIon, no later than December 31, 2007 E Provide funding and staffing for preparation of construction plans and , specifications, acquIsition of other necessary real property interests, and administration of construction of a two lane roadway faCility F In further consideration for the dedication of all right of way as specified In Paragraph lB, 2B, 3B, 4B and 5A, County agrees that no property owner who IS a :party to thiS agreement, or their heirs, successors and assigns will be assessed for the construction cost of the two lane roadway faCility I G Upon dedication to Lane County of the nght-of-way deScribed In Paragraph 2A, the property descnbed on Exhibit "s" to thIS ConstructIon Agreement, Lane County will pay McDougal $75,000 00 and Spnngfield will pay McDougal $375,000 00 which McDougal will accept as total compensation for damages for the loss or relocation of the railroad spur at Its current location on McDougal properties and shall hold Lane County and the City of Spnngfield harmless from any and all claims Should the relocation of railroad spur require a new sWitch on the UP main line, the City shall compensate MCDOUGAL actual costs up to a maximum of an additional $47,900 recognizing the higher costs for turnout constructIon relocation and inflation of construction costs and deSign as depicted In Apnl11, 2003 estimates proVided to CITY by MCDOUGAL 8. General Reauirements A RUN WITH THE LAND/PERPETUAL It IS the intent of the parties that the conSiderations set forth herein are not personal but shall touch and concern the land more particularly descnbed and set forth In Exhibits A, B, C, D, and E are perpetual and reCiprocal, and shall run With the land and shall be binding upon the respective heirs, successors, and assigns of each of the parties hereto B NO WANER Nothing herein should be construed as prOViding a waiver or release of any of the parties hereto from applicable requirements of the Spnngfield MuniCipal Code and the Spnngfield Development Code regarding any development application for whIch approval IS sought for the properties more particularly descnbed In Exhibits A, B, C, D, and E attached hereto and Incorporated by reference, proVided however, thiS agreement does proVide the baSIS for the SDC credit and generally descnbes the location of the Jasper Road Extension so that the parties hereto know that location, and can plan for the development of their respective properties In accordance With that location C SECTION HEADINGS The titles to the paragraphs of thiS agreement are solely for the convenience of the parties and shall not be used to explain, modify, Simplify, or aid in the Interpretation of the prOVISions of thiS agreement Agreement for Construction of Public Improvement Jasper Road - 8 FINAL D EXECUTION BY COUNTERPARTS. This agreement may be executed In any 0 number of counterparts, each of which shall be deemed to be an original, but all of c5 which together shall constitute the same Instrument ~ en E WAIVER It IS the Intent of the parties to this agreement to provide both short- g. term and long-range safe and adequate access and the provIsion of utilities suffiClen~ to meet the traffic and utility needs generated by their respective pending and !l!. anticipated development proposals In the Natron Site The parties acknowledge tha It may be that the Improvements provided by each respective party may not meet the requirements of the tests articulated In Dolan v. City of Tlgard Nevertheless, each party to this agreement believes that this agreement reflects a deCISion which s In the best Interests of that party and of all parties Accordingly, each party to this agreement hereby waives and releases any and all nghts, causes of action and claims It may have under the pnnClples of law established by Dolan v City of Tigard with respect to this agreement, the dedication of the right of way or the provISion of any public Improvements which are required by the terms of this agreement. F VACATION POTENTIAL Parties agree that If at least two lanes of Jasper Road Extension as delineated on Exhibit AA attached hereto and Incorporated herein are not actually constructed from Mount Vernon Road to Jasper Road by January 1, 2010 that for any portion of the property dedicated by the parties hereto which IS outside the 60-foot In Width nght of way, the dedication for such outside nght of way portion Will expire and be vacated upon written request of owner G TRANSFER TO CITY OF 60-FOOT RIGHT OF WAY In the event that the County has not actually constructed two lanes of Jasper Road Extension as delineated on Exhibit AA attached hereto and Incorporated herein by reference from Mount Vernon to Jasper Road by January 1, 2010, the County shall convey the property to such dedicated nght of way to the City of Spnngfield It IS the Intent of this conveyance that such nght of way provide transportation access for development proposals submitted to the City of Spnngfield regarding the property more particularly descnbed and set forth In Exhibits A, B, C, D, and E attached hereto and Incorporated herein by reference H. TERMINATION OF ENFORCEABILITY Signed agreements by individual O\'loers shall be enforceable only If all the other named owners have also signed agreements In any event all nghts and obligation under thiS agreement shall be null and VOid If said agreement has not been accepted by City and County In addition, County may terminate agreement(s) upon delivery of wntten notice to the other parties hereto If federal or state regulations or gUidelines are modified, changed, or Interpreted In such a way that County determines the proJect not to be feasible I SEWER LINES If any of the parties hereto deSire to place sewer dry lines under the proposed Jasper Road ExtenSion, the parties agree to coordinate With Lane County to assure the placement IS not In conflict With the proposed road construction proJect Owner(s) shall work With the City regarding determination of placement and Agreement for Construction of PubliC Improvement Jasper Road - 9 0 j: li) - :z (1) I ;U (1) co 0 '" (1) = <: = co (1) C. FINAL cost of such sewer dry Imes Said agreement(s) between City and property owner(s) shall be completed at least four months pnor to proJect bid advertisement Penetration of the asphalt concrete roadway surface for the mstallatlon of sewer lines will not be permitted for a penod of five years from date of project completion. J SITE STUDY It IS understood that City and County may engage consultants or engineers of their chOOSing to conduct site studies on the proposed nght of way City and County or their agents shall have the right to enter the property at reasonable times to make such tests, inSpections, studies, and other investigations as required by state and federal agencies for Issuance of all necessary environmental permits for proJect Failure to obtain all necessary environmental permits for proJect may termmate thiS agreement and In such event shall vacate any property donated or dedicated by any party pursuant to thiS Agreement K MERGER CLAUSE ThiS agreement and attached Exhlblt(s) constitute the entire agreement between the parties No waiver, consent, modification or change of terms of thiS agreement shall bind either party unless In wntlng and Signed by both parties Such waiver, consent, modification or change, If made, shall be effective only In the speCific Instance and for the speCific purpose given. There are no understandings, agreements, or representations, oral or Written, not speCified herem regarding thiS agreement l HOLD HARMLESS To the extent allowable by the Oregon Constitution and limitations of the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omIssion or act of negligence on the part of the Indemmfylng party, Its officers, agents or employees relative to the responSibilities of the indemnifying party In performance of thiS agreement Mtlland Properties, limited Partnership By lMG, LlC, a General Partner By l.. t-A..,klL'-':.\!.."'. l. M Glustlna, member James A SmeJkal Norm McDougal McDougal Brothers Investments Melvin McDougal McDougal Brothers Investments Hayden Watson Gordon Webb Agreement for ConstructIOn of PubliC Improvement Jasper Road - 10 0710212003 03 05 5417412763 CITY OF SPRINGFIELD PAGE 11 " , FINAL cost of such sewer dry hnes Said agreement(s) between City and property owner(sg shall be completed at least four months pnor to project bId advertisement ~ Penetration of the asphalt concrete roadway surface for the installation of sewer hnall. will not be permitted for a period of five years from date of prOJect completion ~ l:T 2 - l[ J SITE STIIOY It IS understood that CIty and County may engage consultants or engineers of their choosing to conduct site studies on the proposed rlgt1t of way. City and County or their agents shall have the nght to enter the property at reasonable times to make such tests, InspectIOns, studies, and other investigations as required by state and federal agencies for Issuance of all necessary envlronment,;1 permits for project Failure to obtain all necessary enVIronmental permits for proJec : may terminate thiS agreement and In such event shall vacate any property donated or dedicated by any party pursuant to this Agreement. K. MERGER CLAUSE; This agreement and attached EXhlblt(s) constitute the entire agreement betvveen the parties No waIver, consent, modificatIon or change of terms of thiS agreement shall bind either party unless In wntlng and Signed by both parties Such waiver, consent, modification or change, If made, shall be effective only In the speCific Instance and for the specific purpose given There are no understandings, agreements, or representations, oral or written, not speCified herein regarding thiS agreement L. HOLD HARMLESS To the extent allowable by the Oregon Constitution and hmitatlons of the Oregon Tort Claims Act, each of the parties hereto agrees to Indemnify and save the other harmless from any claims, liability or damages resulting from any error, omiSSion Or act of negligence on the part of the Indemnifying party, Its officers, agents or employees relative to the responsibilities of the Indemnlfy\ng party In performance of thiS agreement Mllland Properties, Limited Partnership By LMG, LlC, a General Partner By L M Glustlna, member a "SA~ I' Norm McDougal McDougal Brothers Investments MelVin f\1CDougal McDougal Brothers Investments Hayden Watson Gordon Webb Agreement for Con,tructlon of PubliC Im~lOvement Jasper Road. 10 '- )> Z I 00 '" <=> <=> 00 o II) - CD ;0 CD o <D <: CD a. I FINAL cost of such sewer dry lines Said agreement(s) between City and property owner(s) shall be completed at least four months prior to proJect bid advertisement Penetration of the asphalt concrete roadway surface for the installation of sewer lines Will not be permitted for a penod of five years from date of proJect completion J SITE STUDY. It IS understood that City and County may engage consultants or engineers of their choosing to conduct site studies on the proposed nght of way City and County or their agents shall have the nght to enter the property at , reasonable times to make such tests, inSpections, studies, and other investigations as required by state and federal agencies for Issuance of all necessary enVIronmental permits for proJect Failure to obtain all necessary environmental permits for proJect may terminate thiS agreement and In such event shall vacate any property donated or dedicated by any party pursuant to thiS Agreement. K. MERGER CLAUSE ThiS agreement and attached Exhlblt(s) constitute the entire agreement between the parties No waiver, consent, modification or change of terms of thiS agreement shall bind either party unless In wntlng and signed by both parties Such waiver, consent, modification or change, If made, shall be effective only In the speCific Instance and for the speCific purpose given. There are no understandings, agreements, or representations, oral or wntten, not speCified herein regarding thiS agreement l HOLD HARMLES~ To the extent allowable by the Oregon Constitution and limitatIOns of the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the Indemmfylng party, Its officers, agents or employees relative to the responSibilities of the Indemmfylng party In performance of thiS agreement M\\Iand Properties, limited Partnership By LMG, llC, a General Partner By L. M Glustlna, member James A Smejkal // P<?a-- /M'e-Ll 1'/ ~~ McDougal - ~ "- McDougal Brothers Investments ~~::;?-;=/. McDougal Brothers Investments Hayden Watson Gordon Webb Agreement for Construction of Public Improvement Jasper Road. 10 F'INAL cost of such sewer dry lines Said agreement(s) between City and property owner(s) shall be completed at least four months pnor to proJect bid advertisement ~ co Penetration of the asphalt concrete roadway surface for the installation of sewer lines:; WIll not be permitted for a penod of five years from date of proJect completIOn. !!!. C/) C 0- 3 ;:;. - !!!. J SITE STUDY It IS understood that City and County may engage consultants or engineers of their chOOSing to conduct site studies on the proposed nght of way. City and County or their agents shall have the nght to enter the property at reasonable times to make such tests, inSpectIOns, studies, and other Investigations as required by state and federal agencies for Issuance of all necessary environmental permits for project Failure to obtain all necessary enVIronmental permits for proJect may terminate thiS agreement and In such event shall vacate any property donated or dedicated by any party pursuant to thiS Agreement K. MERGER CLAUSE ThiS agreement and attached Exhlblt(s) constitute the entire agreement between the parties No waiver, consent, modification or change of terms of thiS agreement shall bind either party unless In wntlng and Signed by both parties. Such waiver, consent, modification or change, If made, shall be effective only In the speCific Instance and for the speCific purpose given There are no understandings, agreements, or representations, oral or written, not speCified herein regarding thiS agreement L HOlD HARMLESS To the extent allowable by the Oregon Constitution and limitations of the Oregon Tort Claims Act, each of the parties hereto agrees to Indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the Indemnifying party, Its officers, agents or employees relative to the responSibilities of the indemnifying party In performance of thiS agreement Mllland Properties, Limited Partnership By LMG, LLC, a General Partner By L M Glustlna, member James A SmeJkal Norm McDougal McDougal Brothers Investments MelVin McDougal McDougal Brothers Investments ~--:;//// e / ..- ~ r'JI/atson \-,\",,<- '-.I"'''-.MO'' ~ Gordon Webb Agreement for ConstructJon of Public Improvement Jasper Road. 10 0 <- Sl) l> ..... CD :z :::0 I (I) <Xl 0 ...... CD = <: = <Xl (I) Q. . .-..._;.. I.' _.." FINAL cost of such sewer dry lines Said agreement(s) between City and property owner(s) shall be completed at least four months pnor to proJect bid advertisement Penetration of the asphalt concrete roadway surface for the installation of sewer lines will not be permitted for a penod of five years from date of proJect completion. J SITE STUDY_ It IS understood that City and County may engage consultants or engineers of their choosing to conduct site studies on the proposed nght of way City and County or their agents shall have the nght to enter the property at reasonable times to make such tests, inSpections, studies, and other investigations as reqUired by state and federal agencies for Issuance of all necessary environmental permits for proJect Failure to obtain all necessary environmental permits for project may terminate thiS agreement and In such event shall vacate any property donated or dedicated by any party pursuant to thiS Agreement K MERGER CLAUSE ThiS agreement and attached Exhlblt(s) constitute the entire agreement between the parties No waiver, consent, modification or change of terms of thiS agreement shall bind either party unless In wntlng and Signed by both parties Such waiver, consent, modification or change, If made, shall be effective only In the speCIfic Instance and for the speCific purpose given There are no understandings, agreements, or representations, oral or wntten, not speCified herein regarding thiS agreement L HOLD HARMLESS To the extent allowable by the Oregon ConstitutIon and hmltatlons of the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omiSSion or act of negligence on the part of the indemnifying party, Its officers, agents or employees relative to the responSibilities of the indemnifying party In performance of thIS agreement Mllland properties, Limited Partnership By LMG, llC, a General Partner By L M Glustlna, member James A. Smejkal Hayden Watson Agreement for Construction of Public Improvement Jasper Road - 10 Norm McDougal McDougal Brothers Investments , ""r.. FINAL Crossroads Development LLC By (~~ p~< - i::\tv ~i SpnngfielcP 0{ 4\\0 ~ ~ By . .'1 VJ~Cl U~~ &-1 / -'6~ lane County STATE OF OREGON ) )ss ) AP'. ;'t(.f,:..r, /\B !u :~ORM Dr~ lE~/-c7Y Ii'"~~ Cntlnty ~~~.-' I' orFtO;- or -lL "'~"'Zfcco'Ji'''KJEL County of Lane County Personally appeared the above named L M. Glustlna, member of LMG, LlC, a General partner for Mllland Properties and acknowledged the foregOing Instrument to be a voluntary act and deed on thls.2d. day of ~ 200:'7 ^ i------~~'''''OFFI~AlSEAl----iI ~A4hAA,.0 t3nau~eL ! A KRlmNA L BISWEL1 lOry Public for Oregon j ~.' ~2~~~~~~l~:~..44.EGo.~~ My Commission Expires ~~ ~ i MY COMMISSION EXI1RtS Affill20, JOO5 _ '=-_ ~ ._._ _ _ _ .. ~ _ ~ ...._ 'H'.' . . Date Received' JAN - 8 2008 County of Lane County ) ) ss ) Onglnal Submittal STATE OF OREGON Personally appeared the above named Norman McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregOing Instrument to be a voluntary act and deed on this _ day of , 20_ Notary Public for Oregon My CommiSSion Expires' _ Agreement for ConstructJon of Public Improvement Jasper Road - 11 FINAL Crossroads Development LlC ~. ~. City of Spnngfield Lane County STATE OF OREGON ) )ss County of Lane County ) Personally appeared the above named l M Glustlna, member of LMG, llC, a General partner for Mllland Properties and acknowledged the foregoing Instrument to be a voluntary act and deed on this _ day of . 20_. Notary Public for Oregon My CommisSion Expires' STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named Norman McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregoing Instrument to be a voluntary act and deed on thlsU day of #: ' 200.? ~tLA ~ ~ -I'~.'" ~ - ~= -, -. -. -O;iIZIA~SEAC ". -', -;Q Notclry ~for Oregon - . , MAGGIE TURNER f .- I" NOTARY PU8L1C.QREGON , My CommiSSion Expires. ~~ I COMMISSION NO 343780 j v MY COMMISSION EXPIRES w,y 13 2003 J ..________'L->.____._." _____.____.__.___._" Agreement for Construction of Public Improvement Jasper Road - 11 Date ReceIved FINAL STATE OF OREGON County of Lane County ) ) ss ) JAN - 8 2008 Onglnal Submittal Personally appeared the above named Melvin McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregoing Instrument to be a voluntary act and deed on thlsU day of - n- , 2003, ,-~---- -"'=iFi€iA~-'- --:1; <--Jv(~...::tv.. N~~~~E6~~~~~N I' NotaryCP'Obhc for Oregon ' ~. ' COMMISSION NO 345760005 ': My Commission Expires. 5f 3 /05 ~ M'i COMMISSKlN EX1'1RES MAY 13, 2_ --4 ,. - ~ -.-~ -. -. -:-~~. -:." .~. ., .............---...>:: STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named James A SmeJkal and acknowledged the foregOing Instrument to be a voluntary act and deed on this _ day of ,20_, Notary Public for Oregon My CommisSion Expires' STATE OF OREGON ) ) ss County of lane County ) Personally appeared the above named Hayden Watson, authonzed officer of Crossroads Development LlC, and acknowledged the foregOing Instrument to be a voluntary act and deed on this _ day of , 20_ Notary Public for Oregon My CommiSSion Expires Agreement for Construction of Public Improvement Jasper Road - 12 07/02/2002 '03' 05 5417412 CITY OF SPRINGFIo PAGE 1J FINAL STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named Melvin McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregomg mstrument to be a voluntary act and deed on this _ day of , 20_" Notary Public for Oregon My Commission Expires: _ STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named James A smejkal and acknowledged the foregoing lnstrument to be a voluntary act and deed on thiS A- day of :1'~ . 20D2, () - 1....------'-...-------~:~ - - -'l3l, , . QfFICIAlSEAl ' , DEBBIE BEBEREIA : " NOIARY PUBUC. OREGON , , COMMISSION Nil 350732 : ,L::_,__~C~~I~~~-~~l,~.~ : ~'l~ ~~\ Notary Public for Oregon My CommiSSion Expires. , 011 o/oS STATE OF OREGON ) ) S5 County of Lane County ) Personally appeared the above named Hayden Watson, authOrized officer of Crossroads Development LLC, and acknowledged the foregoIng Instrument to be a voluntary act and deed on thiS _ day of , 20_. Notary Public for Oregon My CommiSSion Expires' Agreement for Construction of Public Improvement Jasper Road - 12 FINAL STATE OF OREGON Date Received County of Lane County ) ) ss ) JAN - 8 2008 Ongln'll Submittal Personally appeared the above named Melvin McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregOing Instrument to be a voluntary act and deed on this _ day of . 20_ Notary Public for Oregon My Commission Expires. STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named James A SmeJkal and acknowledged the foregOing Instrument to be a voluntary act and deed on this _ day of ,20_ Notary Public for Oregon My Commission Expires STATE OF OREGON ) Descl'A,:ft'5 ) ss County of ~ County ) \-\"'"'" \.j~'4..0.~",,<:.'" Personally appeared the above named ~n WatGeA, authonzed officer of Crossroads Development LlC, and acknowledged the foregOing Instrument to be a voluntary act and deed on this ..;L day of J'A.hq , 2003 ~dt0 9- fJ~ Notary P'ublYc for Oregon My Commission Expires' CUuu. I) ,){)i)7 u (I) OFFICIAL SEAL BETTY J POWELL " . NOTARY PUBLIC ' OREGON COMMISSION NO 369199 MY COMMISSION EXPIRES JUN 1 2007 Agreement for Construction of Public Improvement Jasper Road - 12 .- 0A:J FINAL STATE OF OREGON It ..... ,.... .......,... -. -- . OFFICIAL SEAL ~ JULIE M WILSON , NOTARY PUBLIC. OREGON COMMISSION NO 348848 __~'C"1"__~~~lS~~X~E~:~_1: ~D~::~ STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named (A 1/1 ~\. ') as (j,1U<r:: ~kw.~or Lane County and ac\ffiClwledged %fOreg.oing mstrument to be his/her voluntary act and deed on this ~-4:Iay of DC-A-( .20f!::(. YY)f).i"S~ II Notary Public for Orego My CommiSSion Expires' , . OFFICIAL SEAL , MELISSA A ZIMMER NOTARY PUBLIC-OREGON COMMISSION NO . MY COMMISSION EXPIRES JUNE35~~~ J Agreement for Construcbon of Public Improvement Jasper Road - 13 FINAL D ' > a(~ h....;;,c;~~....: County of Lane County ) ) ss ) JAN - 8 2008 STATE OF OREGON Onglnal Submittal Personally appeared the above named _ as for City of Spnngfield and acknowledged the foregOing Instrument to be his/her voluntary act and deed on this _ day of 20_, Notary Public for Oregon My Commission Expires STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named as for Lane County and acknowledged the foregOing Instrument to be his/her voluntary act and deed on this _ day of . 20_, Notary Public for Oregon My Commission Expires STATE OF OREGON County of "---= I'--"--- ) ) ss ) Personally appeared the above named Gordon Webb and ackfjowledged the fo~o~strument to be a voluntary act and deed on this =r:::aay of . \. 1" ~ ' 2003 I ) .'u_'-______..._h,.._ ~~~C' /'\'1- 0 1 __ :-rlt';>1') - C. U~.D : . rZf:m~FE ' Notary Public for Oregon ' ; IlOTARYPUBUC.OREGOlI: My Commission Expires "/-:2.7-05 : COMMISSION NO. 34913S : , IlYlXIllMIS5IlINEXI'1RESSEPlEMBER27,llI05. ~--- ~Ty~-a7T- ~v ~- - T-~ Agreement for Construction of Public Improvement Jasper Road - 13 EXHlBIT "A" MIl1and PropertIes, Lmllted Partnerslup 18-02-10 TL 200 Begmnmg at an lIon pIpe (Brass Cap) markmg the Northwest comer of the J LOONEY DONATION LAND CLAIM NO 39 m Townslup 18 South, Range 2 West of the WIl1amette Mendlan and thence East 734 20 feet to the True Pomt ofBegmnmg, thence East 59l 22 feet, thence South 24612 feet, thence South 820 16' 30" West 303 54 feet, thence South 690 21' 15" West 784 55 feet, thence North 300 45' 39" West 352 93 feet, thence South 570 39' 45" West 200 00 feet to the Easterly Right ofWayLme of the Southern PacIfic Railroad, thence North 320 44' 30" West 8177 feet along the Easterly Right of Way Lme of the Southern PacIfic Railroad, thence North 330 09' West 1494 59 feet along the Easterly Right of Way Lme of the Southern PacIfic RaIlroad, thence North 560 04' 30" East 56977 feel, thence North 640 09' 30" East 20520 feet, thence South 15036' 30" East 46170 feet, thence North 74018' 30" East 766 90 feet, thence South 6050' 30" East 1131 10 feet to the True Pomt ofBegmnmg, III Lane County, Oregon Page 1 of 5 1216-07 DESCRIPTION OF ENTIRE PARCEL Jasper Road ExtenSIOn - IT/Jes - 6/26/2003 18-02-10 200 . . Date Received JAN - 8 2008 EXHIBIT "B" Onglnal SubmIttal McDougal Bros Investments 18-02-10 TL 900 Begll1llil1g at an lIon pIpe markrng the Northwest comer of the J Looney DonatIOn Land ClaIm No 39, m Townsmp 18 South, Range 2 West of the W,llamette Mendlan, thence East 132542 feet along a fence Ime markrng the North hne of saId Donahon Land Clalill No 39 to a pomt marked by an lIon pm and bemg deSIgnated as pomt "A" on the "Survey for Gordon Tnpp" prepared by Follett & Ford, beanng the date June 1954, and beanngJob number 1941, Said pomt belOg the true pomt ofbegmnmg, thence South 246 12 feet to an !fon pm set man eXlstmg fence Ime. thence South 820 16 y,' West 30354 feet along saId fence 1me to a pOlOt marked by an Iron pm, saId pomt bemg deSIgnated "B" on saId survey, thence South 690 21 y.;' West 73455 feet to a pomt deSIgnated as pomt "C" on saId survey, thence South 690 21 \4' West 50 feet to the Southern PaCific RaIlroad nght of way pm, said pOlOt bemg designated' D" on saId survey, thence South 580 57' West 17048 feet along the eXlstmg Southern PaCIfic RaIlroad nght of way fence Ime to an lIon pm set m comer thereof, saId pomt bemg deSIgnated "E" on smd survey, thence Southeasterly along a Ime concentnc WIth and 80 feet dIstant from the center llOe of the Southern PaCIfic Rmlroad as ongmally surveyed and followmg along saId fence to a pomt, saId pomt belOg deSIgnated "F" on saId survey, marked by an lIon pm WhICh bears South 270 07 y,' East 367 70 feet from the last descnbed pomt, thence followmg along a senes of hoes, (the angle pomt of\\luch are marked by lronpms) each ofwhlCh IS 15 feet Northerly from the center Ime of an eXlstmg roadway, the followmg courses and dIstances South 640 52 y,' East 52 55 feet, thence South 560 31' East 59 54 feet, thence South 61000' East 72 68 feet, thence South 770 43 y,' East 69 14 feet, thence North 820 24 y.' East 52 54 feet, thence North 590 57 Y. East 75 20 feet, thence North 610 38 y,' East 97 43 feet, thence South 890 36 y,' East 1310 74 feet along an eXlshng fenee hne to an !Ion pm set ill the comer thereof, thence North 00 21 y,' East 1001 94 feet along an eXlstmg property hne fence to an lIon pm set ill the comer thereof, thence West 73469 feet along the old fence rnarkrng the North hne of saId Donahon Land Clalffi No 39 to the true pomt ofbegmnmg, m Lane County. Oregon Page 2 of 5 1216-06 DESCRIPTION OF ENTIRE PARCEL Jasper Road ExtenSIOn - ITI)es - 6/26/20q3 18-02-10 900 EXHIBIT "e" Crossroads Development Inc 18-02-03 TL 507 Parcell, Land PartltlOn Plat No 99-Pl279, as platted and recorded m Lane County Parl1tlOn Records m Lane County, Oregon EXCEPTING THEREFROM' the Plat of JASPER MEADOWS, a Replat of a portIOn of Parcel I of Land Partlhon Number 99-PI279, County Survey Filmg Number 37396 ALSO, EXCEPTING THEREFROM. the Plat of JASPER MEADOWS, FIRST ADDITION, a Replat of a portlOn of Parcel 1 of Land Partlhon Number 99-P1279, County Survey FIlmg Number 37786 Page 3 of 5 1216-10 DESCRIPTION OF ENTIRE PARCEL Jasper Road ExtenslOn - rr/Jes - 6/26/2003 18-02-03 11. 507 Date Received EXHIBIT "D" JAN - 8 2008 Onglnal SubmIttal Gordon Webb 18-02-10 TL 100 18-02-09 TL 100 ,All of the followmg lymg East of County Road No 266 The South half of the Southwest quarter of SectIon 2, the Southeast quarter of the Southeast quarter of Secllon 3, Lot 1 m SectIOn 11, Lot 7 m SectIOn 10 ALSO Commencmg at the Northeast comer of John C Looney DonatIOn Land Clailll No 39, m SectIOn 11, runmng thence North 890 41' West 4778 chams, thence West to a pomt North of the Northwest comer of Lot 4, m Secllon 9, thence South to the Northwest comer of saId Lot 4, thence East 97 78 chams, thence North 10 70 chams, more or less to the place ofbegmrung, all m Townslup 18 South, Range 2 West of the W 1llamette Mendlan. m Lane County, Oregon ALSO Lot 6 m SectIOn 10, Lots 2,3 and 4 111 SectIOn 9, and commenc111g 10 70 cha111s North of the Easterly Southeast comer of the John SmIth Donahon Land Claun No 48. rn SectIOn 10 and runmng thence North 27 05 chams, thence West to the west hne of saId claIm, thence South on the West hne of saId cl81m, to a pomt West of the place ofbegmnmg, thence East to the place ofbegrnmng ALSO Begmmng on the \Vest hne of saId DonatIOn Land Clailll t\o 48, at the Northeast comer of Lot 9, 111 SectIOn 9, runrung thence South 20 chams, thence East to the East Ime of the ell of saId Donahon Land Claun No 48, thence North 20 chams, thence West to the place ofbegmlling, all m TownshIp 18 South, Range 2 West of the Wlllamette Mendlan, m Lane County, Oregon EXCEPT From the above descnbed property that certam tract com eyed to Oregoman RaIlroad Company by deed recorded August 27, 1890, at page 163 of Volume 25, Lane County Oregon Deed Records EXCEPT That certam tract conveyed to the Oregon and Cahfomla RaIlroad Company by deed recorded March 27, 1891 at page 55 of Volume 29, Lane County, Oregon EXCEPT The followmg descnbed preIDlses. to-WIt Begmnmg at a pomt on the Westlme of the John Smllh Donahon Land ClaIm No 48, m Townslup 18 South, Range 2 West of the W1l1amette Mend18n, 37 25 chams South of the Northwest comer ofs81d claun, and runmng thence South along the West Ime of the claun, 2918 chams, more or less, to a pomt 30 feet South of the Northeast comer of Lot 9 of SectIOn 9 of same Townslup, thence East 30 feet, thence North 29 18 chams, more or less, to a pornt due East of the pomt of begUllllIlg, thence west 30 feet to the place ofbeglllllmg allm Lane County, Oregon EXCEPT That certam tract ofland conveyed to Mt June Forest Products Co by deed recorded Apn112, 1947, m Book 345, Page 539, Lane County Oregon Deed Records EXCEPT That certam tract of land conveyed to Weyerhaeuser Tunber Company, a Washmgton corporatIOn, and the Booth _ Kelly Lumber Company, an Oregon corporahon, recorded July 22,1947, m Boolc'352, Page 234, Lane County Oregon Deed Records EXCEPT That portIOn descnbed m deed to Southern PaCIfic Company, recorded May 18, 1954, ReceptIOn No 29826, Lane County Oregon Records Page 4 of 5 1216-08 1216-09 DESCRIPTION OF ENTIRE PARCEL Jasper Road ExtenSIOn - ITI)es - 6/26/2003 18-02-09 100, 18-02-10 100 EXHIBIT "E" James A Smejkal 18-02-10 TL 1301 All that part of a stnp of land 70 feet m width abuttmg the Easterly nght of \\ ay Ime of the Southern Pac1fic Railroad that lies Wlthm the boundanes of the followmg Begmnmg at a pomt m the South Ime of the John C Looney and WIfe DonatIOn Land Clalill No 39, Nottficahon No 7423, m Townsmp 18 South, Range 2 West of the W Illamette Mendlan, 9 31 chams East of the Southwest corner thereof, and runmng thence East 9 29 chams, thence North 18 87 chams, thence West 7 09 chams, thence Southwesterly for about 5 chams and thence Northwesterly about 7 chams followmg the North hne of a 30 foot roadway to the Northeast corner of the land conveyed by Mary F Sll11th to DaVId Allison and Mary F Alhson on August 17, 1922 by deed recorded on Page 557 of Volume 132, Lane County Oregon Deed Records, thence South 250 47' East 4 60 chams, thence South 360 53' East 3 43 chams and thence South 180 55' East 12 67 chams to the place ofbegll1IUIlg, m Lane County, Oregon Page 5 of 5 1216-15 DESCRIPTION OF ENTIRE PARCEL Jasper Road ExtenSIOn - rr/Jes - 6/26/2003 18-02-10 1301 , . " Lr]1 I JI/ '1' .g o . , ~ \ i ~ . " . . ?; , ( ~ "llW0,~ "1~3~ , , , I' , . , ' ~ ,';) :~ , ,," :1 -r , , , - , , , , , , , i~ l! I' l' fi n l~ ~ ~ o . o , g l , . U I' , i U I' . i ~ Date ReceIved JAN - 8 2008 01glna, Submittal I '1' ~ o . . " ~ ;;- " . . [ f; H t. " , I I1H.wo ~ _ " {~ .' !l Il II I r~ I , I I~ " , r: . {: ).~ , , . f, {~ !~ I , f ! i .~ ! ! , . " {! ,: II I EXHIBIT M Page 1 'a JASPER ROAD EXTENSION PROJECT QV'ERVI(W MAP -'-'Hr.&;mn I ~~_~ I =:~";. , l' ., , l~ 11 ,/ ... I ..< , I " 'I / I' , .0 ).!. lo- t: {~ lij i 1< U ~ e ).~ H). Q " I~ {~,/, .,. {: ' ~ h ill;; a 4(j/J ).~ h ..-::iIf'" f. I: ,,-9' lj ,- /' ~~ ~ ..f LANf: COUNTY DfpNmlOO Of PUBUC WORKS !:NCINCCR,NG P'VlSION l......'"~- ~_...........- "'-c _ ~...... t--o, t......... ;,(1 '" ~ .JCAl.t ..- --- ----- '~ ..-.....................,.,... JASPER ROAD EXT(NS~N ~ ~:':':_1'.--' 1 . ~_ i.!......l..- --- ~ -- SCAlE 1 2000 (mettle) --- --D , -- EXHIBIT AA Page 2 ~ --- "_111111 Ji1l1O ~~ II U_'D II. ,"" -- !' <;' \ \ o~$ ,'-" ,,- --- .- , c- , I, r -L 0, o """",,<d :J C.",nt:r;:lon I -' ' ::"~~.Ilr'= "He -.... P'\FLIT,IIN6.PY APR 16 2003 -'-'--- '-AI CR",Ri~- ,- <Nt 11::--- 0 -'~.. * - JI'I'D',.".r.-ll ----" -y " ~ '>"" I ~. 1 '_I1<1J<1d =~ ,.#11111_ _.-~. , , o o o e- c c @" ",. - --=- ~ ~. 0 ,,1'> ,00 o v- 0' , . t: iD o <<- -~"i!::... '- -~ co? ~\ ,..-~ :'''..r€J ,_,~-.....r "-,,,~~c " -..\... .. ~ _e ~ -c.: ~-<; stO~ , -' :-:' " :-~{ -co ~, ^ - ~_f.': " . . ," ~ .. ,. ......_.,.._.....-...... I.., "'_",_.,... "I.'~:,~"""."""". . . ~1~~~~~.z~;:f{ ~,:;\' A -- 4 67 Acres B -- 2 36 Acres C --1.71 Acres D -- 4 28 Acres N + o 200 400 Feet - -. j 0 .... Ui 5 0 !!!. en ..... II> l> - c (1) tT :z :3 I :::0 ::i: 00 (1) !ll (") ..... <TI <=> <: <=> 00 (1) a. ... . ~ ~1 ;' DIvIsion of Chief Oepuly Clerk Lane County Deeds and Records .. R\ W fJ-e-, ~~~1.~D~~~ $36.00 After Recording Return to, and Send tax statements to Lane County Public Works Right of Way Management SectIOn 3040 N Delta Highway Eugene, Oregon 97408 111111111111 r 11111111111111111111111111111111111 009445022 \070065450003003809/20/2007 09.35:35 AM rtPR-SUPP Cnl=1 Sln=15 CASHIER 04 $15 00 $10 00 $11 00 SUPPLEMENTARY AGREEMENT TO AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT JASPER ROAD EXTENSION DEDICATION OF RIGHT OF WAY TO LANE COUNTY PARTIES Mllland Properties limited Partnership (herein, "Mllland Properties") POBox 989 Eugene, Oregon 97440 Date Received JAN - 8 2008 City of Spn ngfield, A MUniCipal Corporation of the State of Oregon 225 Fifth Street Spnngfield, Oregon 97477 Onglnal Submittal RECITAl~' WHEREAS, the parties are slgnatones of that agreement entitled "AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT JASPER ROAD EXTENSION DEDICATION OF RIGHT OF WAY TO LANE COUNTY," (herein, "Jasper Road Extension Agreement") recorded June 25, 2004, Recorder's Reception No. 2004-048548, Lane County Deeds and Records; and, WHEREAS, the parties Wish to reaffirm their commitments under the Jasper Road ExtenSion Agreement and to clanfy the parties' respective responslbJiJtles for location and construction of the full Intersection descnbed In paragraph 6 F of that agreement, NOW THEREFORE based upon the foregOing recitals which are expressly made a part of thiS agreement, It IS agreed between the parties as follows AGREEMENT 1 City of SDrlnafield ResDonslbliltle~ A While the exact location of the access described In the Jasper Road ExtenSion Agreement cannot presently be fixed, the City of Spnngfield Supplementary Agreement to Agreement for Construction of Public Improvement Jasper Road - 1 , r ~ - .. agrees to locate access at the appropriate location desCrIbed In the Jasper Road Extension Agreement B. The City of Springfield, or Lane County as appropnate, agrees to provide Mllland Properties Intenm access to the Jasper Road Extension to continue until complete access IS available. 2 Mliland Prooertles Mllland Properties acknowledges and agrees that It Will be the responsibility of Mllland Properties to seek and obtain any necessary fill permits (including any mitigation which may be required) for wetlands on the Mllland Properties to accommodate the location of the Intersection contemplated by paragraph 6 F of the Jasper Road Extension Agreement 3 Fffect on Aoreement The Jasper Road ExtenSion Agreement remains unaltered by thiS Supplementary Agreement except to the extent any of the obligations of the parties under the Original agreement could be construed to be inconsistent With the agreement herein Mliland Properties limited Partnership By LMG, LlC, a General Partner :~Ofil~ v By l WI L;,,-,,k L M Giustlna, Member Title ~ "y U4kA 'f.E-A STATE OF OREGON \( ~'-,) ,~W(i:."> ~~u, \-\,.,?~~-.J~'') \""" "" <.=<.><1...... 3u..<t..C'~ -:s- L~'~'( o~=rt. 0<' co ,'" \-'In">"""'( <..17-\", ) ) ss County of lane J ) On thiS L day of (~ J.J.vr- ' 2007, personally appeared the above named L M Glustlna, Memb;rlbf LMG,'LLC, General Partner of Mliland Properties limited Partnership, and acknowledged the foregOing Instrument to be hiS voluntary act and deed ,~..:.J.oo.:...>'~.;.J.I ~' "'~""-''''''''OFFICIAL SEAL ., IUS\! K BROCKMANN . !lOT Pi'lY PUBLIC. OREGON ,\" ' coMMISSION NO 37B203 '-J.u v~ A M,!.S~~~~~'" _ ~~~~Afi/ ~ My Commission Expires ':J ~;:). 3 ~o 0 Supplementary Agreement to Agreement for Construction of Public Improvement Jasper Road - 2 .. , -- . ' "''"; - . -. STATE OF OREGON ) ) ss County of Lane ) On this M day of (\\.,tAv\ ,2007, personally appeared the above named (,"V\vhl\-w'<"'-tctL -.J, on behalf of City of Spnngfield, and acknowledged the foregOing Instrument to be his/her voluntary act and deed ___----.-~~..:..l' OFFICIAL SEAL ,. . JULIE M VYlLSON . Nor;\-!" ....\l~d( Ul1cbON I COIV1""11~t.ION NO 391943 MV l,.OMMI:;.<,I' fl'1 )PIHEIl OC1 4 2009 - - -::- -~..:::..<' - ~-t\.t \,\\, CO W)lA'-- Notary Public for Oregon My Commission Expires. 10' y, D 9. Date Received JAN - 8 2008 Original SubmIttal Supplementary Agreement to Agreement for Construction of Public Improvement Jasper Road - 3 , DIvIsion of rk.ef Depuly Clerk Lane Counly ds and Records ~~~1.~~~~1~ '\ After Recordmg Return to, and Send lax statements to Lane County PubiJc Works RIght of Way Management Section 3040 N Delta HIghway Eugene, Oregon 97408 11111'11111" 11111111111111111111111111111111111 $10,00 009258752007004 :814003003507/18/2007 11.42:59 ~M RPR-ESMTCO Cnl=1 Sln=5 CASHIER 06 $10 00 Date Received JAN - 8 2008 DEDICA nON OF A PUBLIC ROAD EASEMENT Original Submittal GORDON WEBB, GRANTOR, grants and dedIcates to LANE COUNTY, a pohl1cal subdlvlslOn of the State of Oregon, GRANTEE, a pubhc road easement on and over the following descnbed property A parcel of land lYing In the Southwest one-quarter of the Southwest one-quarter (SW 114 SW 1/4) ofSectlOn 3 and Northwest one-quarter of the Northwest one-quarter (NW 114 NW 114) ofSectlOn 10, TownshIp 18 South, Range 2 West of the WIllamette Mendlan, Lane County, Oregon, and bemg a portlOn of that tract of land conveyed to GORDON WEBB, by that certam deed (parcel 3) recorded July 6, 1989, on Reel 1581, Recorder's ReceptIOn Number 8929408, LANE COUNTY OREGON DEED RECORDS, mcluded m a stnp of land 100 07 feet m WIdth Iymg on both Sides of the centerhne of Jasper Road ExtenslOn as surveyed by Lane County m 2005, the centerlme bemg descnbed as follows Begmnmg at Engmeers' Centerhne StatIOn L 81+2581 PT, saId statlOn bemg 4,71057 feet North and 50 63 feet East of the Lane County Surveyors Office Brass Cap' 1977' markmg the West Northwest Corner of the John CLooney DonatlOn Land ClaJm Number 39, located m SectIOn 10, TownshIp 18 South, Range 2 West of the WIllamette Mendlan, Lane County, Oregon, run thence South 6021' 26" East, 2,750 32 feet, thence along a 996 45 foot radIUS curve nght (the long chord ofwluch bears South 20 04' 08" West, 292 03 feet) a dIstance of 29309 feet, thence South 10029' 43" West, 308 42 feet, thence along a 996 45 foot radiUS curve left (the long chord of whIch bears South 20 04' 08" West, 292 03 feet) a dIstance of 293 09 feet, thence South 6021' 26" East, 527 66 feet to Engmeers' Centerhne StatIOn L 122+98 39 PC and there endmg, all m Lane County, Oregon The westerly Ime of the above descnbed strip ofland crosses GRANTOR'S northerly and southerly property hnes opposIte approximate Engmeers' Centerhne Stal10ns L 103+50 POT and L 118+56 POT, respectIvely The easterly lme of the above descnbed stnp ofland crosses GRANTOR'S northerly and southerly property Imes opposite approximate Engmeers' Centerhne StatIOns L 103+78 POT and L 118+29 POT, respectIvely DEDICA TON OF PUBLIC ROAD (WEBB/LANE COUNTY) PAGE I OF3 The parcel of land to which this descnptIon applies contains 6 79 acres, more or less The beanngs llsed herein are based on a beanng of South 53036' 19" West between LCCM I 159 and LCCM J'J 60 set by the Lane County Surveyors Office Said bearing based on the Oregon Coordinate System (NAD 83/91), South Zone As a part of the consideratIOn herein above stated, there IS also dedicated and relinqUished to the grantee all eXisting, future, or potentIal common law or statutory abutter's easements of access between both sides of the nght-of-way of the publIc way Identified as the Jasper Road ExtenSIOn and all of Grantor's remaining property Access to Jasper Road ExtenSIOn Will be restncted to publIc way Intersecl10ns as deSignated by the governing body haVing junsdlctIon In further consideratIOn of GRANTOR'S dedicatIOn and above relinqUishment of access nghts, access Will be provided to a publIc way intersectIOn from Grantor's adjacent property, consistent WIth the Agreement for ConstructIOn of PublIc Improvement Jasper Road ExtenSIOn recorded July I~, 2007 Access to Jasper Road ExtenSIOn will be restricted to publIc way intersectIOns as deSignated by the governing body having Junsdlcl10n Said parcel being forever dedicated to the use of the public for road purposes The consideratIOn for thiS dedicatIOn IS to be credits granted by the City of Spnngfield for System Development Charges Dated thiS \]. day of ,\tJL-../ , ,2007 GRANTEE ~ /( I l/JIJ NWEBB ~ "A.J~~ By w,ll,.vI- t/ /14 VAc.hn- for LANE COUNTY STATE OF OREGON ) ) ss County of LANE ) APPROVED AS TO FORM Date ;/-/J,C'/, lane county .~ ~~ OFFICE OF LEGAL COUNSEL J W '1 ~ ,200 L by GORDON WEBB ThiS Instrument was acknowledged before me on . OFFICIAL SEAL KIMBERLY TAYLOR , NOTARY PUBUC-OREGON COMMISSION NO 397500 MV COMMISSION EXPIRES SEPTEMBER 21,2009 kA1YJJ~ ..:fu.u Uv Notary Public for Oregon My CommissIOn Expires f q-?l-QCb! DEDICATON or PUBLIC ROAD (WEBB/LANE COUNTY) PAGE 2 oF3 Date Received STATE OF OREGON ) ) ss County of LANE ) ThIs mstrument was acknowledged before me on _ j.,11 13 for LANE COUNTY JAN - 8 2008 Original Submittal ,2002 by UhLLJI!v. Umulk7lJ^- . OFFlClA1.SEAL MEU8SA A ZIMMER NOTAIlY I1c.oREGON ~MISSI NO. 7 MY OOMMIFsl~N EXPI ES JU1&f2010 ~~~~!r My COmnllSSlOn ExpIres ~<?; ::.>n 1'0 DEPARTMENT OF PUBLIC WORKS, LAND MANAGEMENT DIVISION Approved \JUl'1 13 .200-2 BY~~ The Board of ConmllsslOners hereby accepts this dedIcation as descrlbed herem LANE COUNTY BOARD OF COMMISSIONERS By /" ,,--,,;t. ~ I'aj, ::-c d, rh".;::;:;;:-:::::/!r DEDlCA TON Of PUBLIC ROAD (WEBBILANE CO UNIT) PAGE 3 on :r'~,::~~~~l~~~::: --t~:.~~';<~~;:~:-~;',~~.:,,~}~~,'::~~i"/.~:~~:"~?i~9-c,.~'.~~~_~-'; __,.. ~",~:'.'~' ,,' ,'~- . ~ Date ReceIved I 8~~~408 JAN - 8, 2008, I Onglnal Submltt$1 1< 1\ -;> , {-:;h r. C-T- 1711ZO\ ~ SS'Ho80 ./ (lD/ { THIS INDENTURE Made this 5th day of July , 1989. by and betweon FIRST rNTERSTATB BANK -oFOREGON, N A, t.ne culy appointed. qualified and acting Pe~8onal Rep~eBentative of the estate of Beatrice E Mitchell. deceased, hereinafter called the first party, and GORDON WEBB, hereinafter called tho second party, WITN~S5ETH PERSONAL REPRESENTATIVE'S DEED For value received and the conaideretion hereinafter stated, the rece1.pt whereof hot'eby is acknowledged, the Urst party has granted, bat'gained. aold and conveyed, and by these presents does grant, ba-cgain, sell and convey unto the said second party and second party's heirs, auccesBora-1n-interest and assigns all the estate, right acd interest of the said deceased at the time of decedent's death, and all tho right, title and interest t.hat the said est.at.e of said deceased by operation of the law or otherwise may have t.hQreattet' acquired in that certain real property situate in the County of Lane, State of Orogon, described 8S follows, to-wit Legal description, 8S lDore part.icularly described. is attached as Exhibit 1 !~:::j1lt .. 971lOJREC 3Jl)) !'H!.11'L. ~6 S9lliJ:!,o-LNl 10 00 EXCEPT conditions. restrictions and easements of record (All ~rm- land _ Potential additional tax liability) I I. I: I I I i I I I I I j i , I IN WITNESS WHEREOF, the said first party has executed this instrument, 1f first party is a corporation, it halll caused ita corporate name to be signed hereto and its corporate BBal affixed by :!.'::~ ofHc-re duly authorized thereunto by order of its BOll..'t'd of Oi rectors TO HAVE AND TO HOLD tbe same unto the said second pat'ty. and second party's heies, successors-in-interest and assigns fot'ever The true and actual conBideration paid for this transfae, stated in terms of dollars, is $400,000 THIS INSTRUMIml' WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN" THIS INSTRUMENT IN VIOLATION" OF APPLIC- ABLE LAND USE LAWS ANO REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO TaE PROPERTY SHOULD CHECK WITH THe APPROPRIATE CITY OR COU!Il'l. ":/. PLiW""NiJ::tG &r;F;'r.Tt'..E~ '!'O VERIFY APPROVED USES F1t'st Interstate Bank of oregon, N A , Peesonal Represent_tive of the Estate of Beatrl~~~ Kitchell, Deceased:. O{",,-~ -...~ -d. ~/-' L.~~~C::!, .., ._~..~ ~,:.! ..[;:~ oiflen' '71 ~ .n'~ 4>~1 M';Mr~':;; nves ent ou:icer ".:,.}!_ '---, Page 1 - PERSONAL REPRESENTATIVE'S DEED L L , ,- ," :i , ~ - --~ ,'. , J'~ ~'~ 'n ~ '. ::"J -l"~_~ , ~ IT ,: ,,, :.." >.S! ':t~J1 ~ rn <~~ ~-.. I I I I I i I I I ! c I~ I~ '. . I I i L ~ L ,",,' -, 892!140" STATE OP OREGON STATE OF OREGON, County of tane)ss July 5 , 1989 - .k'8t:6ona.......i ;.;;::~!Id 'Lloyd Q Jbl.ndall and Hichall 5 Kacub wno, being aUiY sworn, eacn tor n~d8elf and not one for the other, did Ba~ tbM~~e forller is the ...................hN"';..JlIT'ru.st ~ and that the latter Is the Investment Officer, respectively, of the Pfrat Interstate Ban~ of Oregon, J N A , a corporation. and that the seal affixed to the foregoing inBtrument Is the corporate seal of sdd corpo'C'ation and that said instru- ment was sIgned and aealed in bahalf of 8sid corporation by authority of its board of directorSl and each of thea acknowledged said intrument to be Ita voluntary act and deed BB County of . 19__ Personally appeared the above named aCknoWleuged tne et.rument t.o be t.a~y act and deea anei toregolng 1n- yolun- Before Il1El: No~ary PUD~lC tor oregon My Commission Expi~eBI ___ Befo'Ce mOl (OE'E'ICIAJ.o SEAL) (OFFICIAL SEAL) iot8'CY ~UDilC o~ UT890n My Commission Expi~e81____ . j I I Fi~at Int.e'Cstat.e Bank of oregon, ~ A . personai ~eore8onta~lve tor the Estate ot Bea~rlCO ~ MltCnCii. VQcease~ , Granto'C" 8 Name ano Moress Go~don Webb i~~ ClrCie D'C'lve uradDurv, CA ~iUiU ~\...,Q'\'" ~-"<,..\",,,,0 DEBRA M DEADMOND NOTARY PUBU' o"pgl> " My Coml1lSSlcn Expires I. n '1-.. Grantee'S Name ana AQdreSS ... ~"'"..... "-'- ...~~::J.t_ , ~r2.. , , ...... ~='" -.. ~... -~ ,,^ '-f'.":- -o<:t' . g- "'~""~ -- -- -:.~~"., - t",,:~~. L"~i~ h--. Ft::~-- ~-.,~-'~. _~ ~~::.l;l, ~";9~:'~ L;;'...:ff'~~"'" ~-;~~..... Atte'C' re~utul"g ~~~~~- ~- Casoade Tit.le & Escrow l.U/~ oaK tit'C'eet BUQenB. OR ~'4Ul NAM8, AOVRES~. ~lP urtil a change is requested all tax at.at.ements shall be sent. to t.he following addres8 Gordon Webb r~~ Circle Drlve Braaoury. CA ~iUiU NAME, ~u~~~, ~1~ Page 2 _ PERSONAL REPRESENTATIVE'S DEED . . U......, .:"'!.t.L..1..1.=._ r , C' . 1<( ,) ~- r II () \ " o"~ \~6 ,Or' ~ l(OO I ! ~ I ~( ,0 ) 0 I lOO ~ " 'l' ~l.. # I , r( "v Il ~ 8329408 PARCEL 1 The North one-half of the Southwest quarte~. except therefrom the South ~80 0 feet thereof. also Government Lot 5 and that portion of Government Lot 4 lyIng South of a lIne extended Esst from the Southeast corner of the T. Maynard Donatton Land Clal~ No 37. In Sectton 2 and tho Northeast quarter of the Southeast quarter, except thereCrom the South 480 0 feet thereof. alao that portion of Government Lot 2 lYing East of a lIne running South from the Southwest corner of aforesaid Claim No 37 In SectIon 3. TownShip 18 South, Range 2 West of the Wl11amette Meridian. In Lane County, Oregon, EXCEPTING THEREFROM that tract conve1ed to John F. Charles and Donald Tirrill by deed record~d August 8, 1980, Reception No 80390~5, Lane County Oregon Reoorda, in Lane County, Oregon PARCEL 2 The North half ot the Southwest quarter, Lot 5 and that part of Lot ~ ly1ng South of a line extended bast from the Southeast corner of Donation Land Claim No. 31, Section 2, and the Northeast quarter ot the Southeast quarter and that part of Lot 2 lying South ot a line extended West from the Southwest eorner of 081d Claim No 31. in Section 3. Township 18 South, Range 2 West of the Willamette Meridian. Lane County, Oregon, EXCEPTING THEREFROM that portion of the land above described which lies Westerly from a lIne drawn South from the Southwest corner of the T. J. Maynard Donation Land ClaIm No 31. and North of the North lIne of the Northeast quarter or the South~ east quarter of Section 3, Township 18 South, Range 2 West at the Wil1amette Meridian. Lane County. Oregon, ALSO EXCEPT The North one~half of the Southwest quarter, exoept therefrom the South 480 0 feet thereOf, a1eo Government Lot 5 and that portion of Government Lot U lying South of a lIne e~tended East from the Southeast corner of the T Maynard Donation Land Claim No 37. in Section 2 and the Northeaet quarter or the Southeast quarter. exeept therefrom the South qao.o reet thereof. also that portion or Oovernment Lot 2 lying East of a lIne running South from the Southwest corner of aforesaid ClaIm No. 31 in Section 3. Town,hip 18 South, Range 2 West of the Wl1lamette Meridian, 1n Lane County, Oregon 'pARCEL ':l All of the followlra Ivina FA.Ht of C0untv noad No 266 The South half or the ~outhwcst quarter of Section 2, the Southeast quarter of the ~olltheast quarter of Sectton 3, Lot 1 In Sectton 11, Lot. 7 In Section 10, also commencing n.t. the l~orthca4t corner of John C Looney Donation Land ClaIm No 39 In '5"ctlon 11, running thence florth 890 411 ~eot 47 78 chaIns, thence West to a point North of the Northwest corner of Lot ~ in Section 9, thenoe South to the Northwest -cont1nucd- EXHIBIT 1 Page 1 Clf , I i I L L ~ " . , , ,(ft' ; , f i I "I 3 ~~ ;; "'3_ .0; "iW" " ' ---.~ -", , l I I '" - :s;'$ w,.!:~ ~:~l - ~:..~ ~ \~ - ~:-',:~ ~ '1; '!b~ - ~)~ ...,"-'" , 'd.G\' ...:-~.:..~ -' ..:(~:~ ~_ ~...,.:::w :=.~ -...~?;.~i l.l:'~ , ~~ -~~7..\1&~ ~ ....!~_'fI~~ ~ ~ ::~~~;~ -,I......,..~~ "...~.;;.-~~ ~\~~~ _ ,,<,~~;~;.f~. ,-....~~ :,~S_ r .2~,,1t~~,. \:'-~~"'" :::: ,-"~~M;; ~..... . . '-I>-~-i'h::<<- , ...."'-......~ " , - ~;.:t-J '-. ~''''- _~-.s.~ '---~~~ ~ .",~... .GJri:.!i: r-;..,-::::""- ~:~."~?~ -~-_.-~ - _c-.l'../:-~ ~"= ;~~....f.fifl~ -~-~.~a~~_ ':'~~~ii -~. ";~I ~ ~I 'Iii I >, c , I~ I I I L ,~ . ~\"'~' ::'i? ~p-}, ';~.; --'=' ;''4tl ""-~"""_t ~,< j,th~ ~{ij ,~ ~ ~l "''W~~ '.. ~ :=J '2fi ,~ fg .""""" ,. """"'" ~ '.-' "....". -;..:::;;~ ~- 'm w~ ~ . ~ ~ ~ .,= = .- ~~ _'::m'I - -"= ~ ~,,,," ~~~- -- ~~" "y~~,,~ ...,I't->>" ~.' ~" >-~ -~- ~t~ .3/. .IJ..:L . 1~.,~~I_~,qLall~";HI.-'.I~J"'.1 LL 89Z940B . fl' f' Property description - continued corner or sald Lot ij. thence East 97 78 chaIns. thence North 10.10 chalns, more or less. to the plaoo ot beginning. all In Township 18 South, Range 2 West of the Wl11emette Meridlan, 1n Lane county, Oregon, ALSO Lot 6 1n Section 10. Lots 2. 3 and 4. 1n Seotlon 9 and commenoing 10 70 chaine North or the Easterly Southeast corner or the John Smith Donatton Land Claim No ~8 In Section 10, and running thence North 21.05 ohainss thence West to the Wesi lIne or sald claim. thence South on the West line of saId claim to a polnt West of the place of beglnning. thence East to the place of beginning. ALSO' Beginning on the West 11ne of said Donation Land Cia 1m No ~8 at ~hG Northeast corner of Lot 9 in Seotion 9, running thence South 20 chains. thence Eaat to the East 11ne or the ell of said Donatlon Land Claim No. 48, thence North 20 chains, thenoe West to the place of beginn1ng, all in Township 18 south of Range 2 West of the W111amette Meridian, in Lane County, Oregon, EXCEP~ trom the above described property that certaln tract oonveyed to Oregonian Rallroad Company by deed recorded August 27, 1890, 1n Book 25. Page 163. Lane County Oregon Deed RecordS, ALSO EXCEPT that oertain traot conveyed to The Oregon and California Railroad Company by deed recorded Maroh 27, 1891, In Book 29. Page 55, Lane county Oregon Deed Reoords, ALSO EXCEPT the follOwing desoribed premises. to-wit Beginning at a point on the West 11ne of the John Smith Donation Land Claim No ~8 in Township 18 South. Range 2 West of the Wl1lamette Merldl$n. 37 25 chains South of the Northwest corner or said Cla1m, and runn1ng thence south along the West line or the claim. 29 18 chains, more or lebs. to ~ point 30 feet South or the Northeast corner of Lot 9 or Section 9 of same township. thence East 30 feet. thence North 29.18 chains, more or less, to a point due East or the point or b~ginnlng, thence West 30 reet to the place of beginn1ng. all in Lane county, OregonJ ALSO EXCEPT thererro~ that certain tract or land conveyed to ( CJ..o') 10 Mt June Forest Products Co. by deed reoorded April 12, 1941, o ~n Book 3~5, Page 539. Lane County Oregon Deed Records, ~.oO AL~O E>.CEFT ..hct"cr'rc,,: tk~" l1..rf'dn traot of land conveyed to WeyerhaeUser Timber Company. a Washington corporation, aTlU Ttle Booth~Kelly Lumber Company, an Oregon corporation, reoorded JulY 22, 19~7, 1n Book 352, Page 23~, Lane County Oregon Oeed Records ALSO E~~EPT that portion described in deed to southern Pacific Company, recorded May 18. 1954. Recept10n No 29826, Lane County Oregon Rerord. EXHIBIT 1 Page 2 of 2 ~ L .11.... - ,- ' '; , ..'---,,'" . ~ --, ----- - - --- ' ~ ,_?~;~~~..~~~ ..a.Ja.,~ .10..._. 'J"" ,.;oJI--"---"IJ--.LL,,'-'-'-"-.....' I,h o.LI........l "0 " L_..!!c:....t.. .... ., '~"'..I,/,I,-' '. , I " -..;:;;:;;;;;;~. . ~.. ~~ ~ ~~ -~ .,~ - --=--- 1>* E~.~~~~~. ... ~~4j;. - ' .. ,...q~~iiiiiiii -I~= :~~":;~~ '-1f~ ,............ l,~-...... s.::\~........~-;;~~ : ~~~:r~~I""" ...~ -- "-, , - :':::.._- .-< pi;: ~, ~".. ~f' _~. ~P: ~.. , ~ ~j "\.:-~ :;. : - "\;v ~ t. ~ n I.... ~ --- ',. ..>::"I:"" _ Zf....~~ _~,... ~" .-'.!... ~ -. ,!1:-q '", ~. I' .... ~ ~t<<,::~ \ ~ ~ "'~ , ..~.. ~ -J; ~ m -'-, ':si :?:'~:~ ~ .- ~..- %! ,:.'-' '.'~ :t;;~'t. --- J . , ;::'::.17.l-...:... __ ~~~ ,- ..., ......- ~- \ ___ f ~ I:,,;;.:e '- 0'<""""",,, ~'5:VJ-;"...r :S:~ =~ -:;.~ IN_ lS.!'\1::,_.~ ~:.:, "~..~ ~~ I~ '::5!!!!!!!ll 3:_: ~_ \ _ ~~ ~~' '''- If,.:;' ',C "~ ~-_A~ ::.:~ I!!:%~/. ~ - ~ -- , ,- l- _ .._ t: I:~ f I t~_~ t- ,~ '- , {, i.i. ' 'jo<.., 2 .tJ"'... 5t~ ~~ ,- I '- '-1!!Ej ~ ,~ "'~ -".;;;" ~ '- , , "'" ji,...",! "';!~---( , " " ',1.. I 8929<108 . J U. if!" It , .~ i -'- ~ - . , !r !% g "" ~ I ~ . , , ..t~l _ - ~8 N ~ H - Co U !Z 8. !; ~ U) ..... B , a ~H~ ! . ~8 _ ~ L ~~_:-~~~!'I.;::rJ:~ - ~ ~ - ~~- -'-'." --- ~ _. ....~ - ---. "-- ' '~"'~ "'':'''..a _- ....::-....:""'" ~,,_, ~"..,.._ L.,..~'~l,~~~~_ , ,.,' . __ ~ !i!ii!!! ~ ,_ ' I ~_l"ill .lIi 10lIl. ...1 111",,1/,_ ._.1 "__j ::...: ____:' 380 Q Street, SUite 200 Springfield, Oregon 97477 (541) 302-9790 (541) 485-3253 Fax oam(a)olsonandmorrls com ~ Olson & Morris A SubsidIary of L 8 Olson & Associates me Consulting Engineers & Surveyors Date Received: LETTER OF TRANSMITTAL JAN - 8 2008 Date January 8, 2008 Re 3869 WEBB anginal Submittal TO City of Springfield Development Services Dept 225 Fifth Street Springfield, OR 97477 (541) 726-3689 From Pam Clark WE ARE SENDING YOU ( ) Originals ( ) Reports ( x ) Attached ( x ) Copies ( x ) Plans ) Under separate cover via ) Prints ( ) Dlskette(s) ) Specifications () QTY I DESCRIPTION I 1 I Property Line Adjustment Application I 1 I Check In the amount of $634 20 from Webbcrest, Inc I 1 I Written statement I 1 I Title Report dated 12-31-07 and accompanYing supporting document~-I 1 I Vesting deed to Webb I 1 I Draft copy of Declaration of Property Line Adjustment I 3 I Preliminary Survey u1 ( x ) For your use ( x ) For approval & FIling ( x ) For review & comment ( ) As requested ( ) Returned for correction ( ) For your distribution ( ) Approved as submitted ( ) Approved as noted Signature Y CLj\, to OJ\ 'R Pam Clark, Survey Tech X \PROIECTS\1869 WCBB\Corrcspondence\Trans LLA Appl doc