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Home My WebLink AboutMap APPLICANT 8/20/2008 ( . ~ o @ o i: [. . . . .. J .'. .'. .'. :,.,...,...... " ',..' ~~,,~ ~"'~"'~~~ PLA LEGEND. FOUND 5/8" REBAR WITH A YELLOW PLASTIC I.D. CAP STAMPED "POAGE ENG. & SURV. ING." .UNLESS OTHERWISE NOTED. FOUND 5/8" REBAR WITH AN ORANGE PLASTIC 1.0. CAP STAMPED "FNF" UNLESS OTHERWISE NOTED. SET S/8" x 30' REBAR WITH A YELLOW PLASTIC 1.0. CAP STAMPED "POAGE ENG. & SURV. INC." EXISTING BUILDING ORIGINAL PROPERTY LINE TO BE ADJUSTED ADJIJSTED PROPERTY LINE PROPERTY LINE ADJUSTMENT ZONING SETBACK LOT 13 OAK TREE TL: 815 \ .\ \. \ \. , i..' i'l 1'\ I' f .1. II'! 1..11 1.11 L:.u 1.11 .1..11 '. -. . '1- II .., ..11 " " . ,'!',. ..: 1..1 .', .1 .....1:1 LOT. 1 4 EX PROPERTY 0 A K T R E E LINE ADJUSTED . PER 1ST PLA TL: 816 \:' ADJUSTED PROPERTY '~L1NE PER .IST PLA . ~ . EXISTING PROPERTY LINE &.x; (ADJUSTED PER 2ND PLA ~...' ':_ '--*'- l<---><- 6.22' . ~DJUSTED PROPERTY EX PROPERTY LINE PER 2ND PLA LINE ADJUSTED PER sRD PLA \-. pETAIL "A" NO SCALE I" PROPOSED PROPERTY-LIN~ AD]USiMENT SURVEY 11 A SERIAL PROPERTY LINE ADJUSTMENT APPLICATION . l . INVOLVING LOTS 13 & 14 OI~ OAK TREE SU\lDIVISION AND LOT 1 OF RIVEj{ ~ROVE SU,BDIVISION , SPRINGFIELD, LANE COUNTY, OREGON AUGUST U', 2008 ., SCALE : I" = 40' 5' INTERIOR YARD SETrBACK I \ 7.0' PUE ~ ,'-- LOT 12 I OAK TR'EE I , I I " REGISTERED PROFESSIONAL I LAND SURVEYOR .. .' .. I ~ctQ~LA.~ A . QQ~ OREGoN JUL Y 13. 1984 I JONA mAN A- OAKES , 2105(. EXPIRES, DECEMBER 31. 2008 / LOT 30 'OAK TREE \ \ \ NOTES \ LOT AREA .SUMMARY FIRST ADJUSTMENT ORIGINAL I AREA AFTER PARCEL AREA, SF ADJUSTMENT, SF LOT 13 12,027 12,055 LOT 14 11,403 11,375 SECOND ADJUSTMENT ORIGINAL AREA vAFTER PARCEL AREA, SF ADJUSTMENT, SF LOT 1 18,229 12,752 LOT 14 H 11,375 16,852 THIRD ADJUSTMENT I. ORIGINAL P A,RCEl I AREA, SF LOT I 12,752 I AREA AFTER ADJUSTMENT,SF 6,979 H LOT 13 12,055 .. 17,827 DENOTES FINAL AREA ALL OF THE SUBJECT PROPERTY & THE ADJACEN T PROPERTIES ARE ZONED LDR. SETBACKS TO EXISTING STRUCT URES NOT IMPACTED BY THE PROPOSED PROPERTY liNE ADJUSTMENTS ARE NOT SHOWN. THE ZONING SETBACKS IN THE LDR ZONE ARE' SHoWN HEREON F.OR PRELIMINARY PUPPOSES ONLY THE FINAL LOT CONFIG- URA TIONS DO NOT FIT STANDARD YARD DEFINITIONS IN THE CODE SO FII~Al ZONING SETBACKS MUST BE VERIFIED THROUGH CITY BUILDING DEPARTMENT PRIOR TO LOCATION OF NEW BUilDINGS ON THE SITE. THE EXISTING ZONING SETBACKS OF THE LDR ZONE PER SDC 3.2-215 ARE AS FOLLoate Received: F.RONT YARD: 10 FT STREET SIDE YARD: 10 FT REAR YARD: 10 FT INTERIOR YARD: 5 FT . FRONT Y'ARD (GARAGE & CARPORT!: 18 FT (SEE L 0 oJ 2 RIVER IGROVE LOT 32 OAK TREE -\'; POAGE ENGINEERING & SURVEYING, INC, P.O. BOX 2527 . EUGENE, OREGON 97402 . (541) 485-4505 JOB No, 3880 . DRAWN: MTlC\3880LLA1.GCD ; 8-18-08 I 6U'BZoo({~cx)D37 S PLA AUG 2 0 2008 S D C:>r:!p!P~ ~~bmittal ~ WULteA.V / ../ , . '-- . ( LECEND . FOUND 5/8" REBAR WITH A YELLOW PLASTIC LO. CAP 5T AMPED 'POAGE ENG. 6. SURV. INC: UNLESS OTHERWIS~ NOTED. FOUND 5/8' REBAR WITH AN ORANGE PLASTIC I.D. CAP STAMPED "FNF' UNLESS OTHERWISE NOTED. " o @ o -----*--x---'---?4-- PLA O~~TT/13EE _~ TL al5 LOT 14 c~t~~~5~1tD 0 A K T R E E PER\STPLA TL 816 XI ADJUSTED PROPERTY /LlNEPERISTPLA g; EXISTING PROPERTY LINE ",,& a> /ADJUSTEDPER2NDPLA ~ Vo.n. ~DJ'USTEOPROPERTY EX PROPERTY LINE PER 2ND PLA LINE ADJUSTED PERJRD_PLA " DETAIL "An NO SCALE ;,; ~...I1~ f..,'!D ~AV " ,. I [:- _ n: ;_~. ~'.! PAY Date Received: AUG 2 0 2008 . . Original Submittal PROPOSED PROPERTY LINE ADJUSTMENT SURVEY A SERIAL PROPERTY LINE ADJUSTMENT APPLICATION INVOLVING LOTS 13 -ok 14 OF OAK TREE SUBDIVISION . A . AND LOT 1 OF RIVER GROVE SUBDIVISION ~ SPRINGFIELD',~~u~f ,;:O,~.~T.Y, OREGON SCALE: I'm. 40' o~.\ \01>V './l\~\l .C1> y\-~ R/W 12400 73,00' r REGISTERED 1 PROFESSION,'L LAND SURVEYOR ~,.;('n~~~A . QQ~ l OREGON J JULY13,1984 . JONATHAN A. OAKES . 2105 eXPIRES: DECEMBER 31. 2008 --- . , 1i LOT 15 o AI:: T R E E \It.-/;.--( ').0' t~Gt.-~l"S(.. 't.-:cctSS , , , ,0. LOT 30 \,0 A K TRill! , , '\ LOT AREA SUMMARY____ FIRST ADJUSTMENT ORIGINAL I AREA AFTER PARCEL AREA, SF ADJUSTMENT, SF LOT 13 12.027 12.055 LOT .14 11,403 11,375. SECOND ADJUSTMENT ORIGINAL PARCEL AREA, SF LOT I 18,229 AREA AFTER ADJUSTMENT, SF 12.752 LOT 14 11,375 16,852 THIRD ADJUSTMENT. ORIGINAL I AREA AFTER PARCEL AREA, SF ADJUSTMENT, SF LOT,I '2.752 6,979 LOT 13 12,055 17,827 .. DENOTES FINAL AREA / S,88.~I' IS"Eo W ,fA.' 8 ~ 813 .L _....~~ , , i3 :i '00.0' 11 if 'S.e.e.O~r(8~6 ~-;... l ~~ 814 if 019-39 ~ (~ ~ ~ J 81~ZM' 1213 ~ 817 ~ , t. \; 816 ,~ SA>" ' ,& "If .o'lfl>..!; "l~ l(o. 4A~' ' ", iP/., 'i"~.s-;- --,- 51,8~' :~ SITE"i SITE . ''Ii ',,"" 832 831 J.-. '~.6"'."~:'''W(~'''J ,~.'.<. ~, >;. , 'Nr'T~'\;B'9'57~!!l'E' 1~13~D~:,i.~:.---!.. 833 't;;~. j ~ . IPDIN~ .J:I.O.O.. ~ '. 'Ii-. _ :.. ~ ""'"". Q ,3 ;. '~~~ 600 ~ ;;!, 30 ~, 29 ...~ .. I 0.42AC. " S89'S7'.S'E -=: "".... . fI'\.-- WE'SrT_'\\'l..o' - I .'.18229 sa, F'~, l::lO,OJ' t _.,~~>f. 'I 1 - O~~'~. ."or I Go 770, c:i .ea.,6,'!l6.c. 31 .c R AY SITE .~~0.24 AC.!;;. . IQ",... .., FAI W ::l S41162. . j 2,:;:, ~o. fT~!~.~ 834. ~ rq SSf:l'~3'P.I'E ~~\;,s? 0'" ~.'J If r-- I '''"' d!j!"Q) ~~ ~~ 32 ~ I SSS'43'21'E {~- '" 0 'o:J~" I;; >l ' ,4' ':JI.~.,.~, SSS'43'21.r oj ~.j& !>' .......'T_ 80.0' , 8000 7900 ,..... -.l ".~~~.. "'. .....34. 'O.n 4 AC.? 0 14 AC 7800:f 33 ~.OO2 so. fT~ .;" SQ. fT~ 0.14 AC.- 835 Jt, 836 ~ I 5 ~:o 4 ?6156 sa. Flo ,f)' . ~ . 837 1 i!i 1 tl,~ 3 . '8 .' '. ~ ' '" ~ -,; ."",' ."#.,. J "'~ _(;",.~~o.."; 'v"~ $.t .....' ~""'" ". a! - ~../~N79' ~e'()8' .-: " ~ --~.{18.<\' 50", '." ...."'~~ N7~)('U--..!€1j)~"",,,' '7' 11.1. 79" , ~ 8. ' ,r'~ \,.,u 17~~ --"'i-~ _ 0<1 Zd'w).c>t-+r; . . $I ~- IV I y~~, D - _~ ~~~ ~ ~ 1 ""f'( A, ---..::., ".."".o,.,J (p.., , . 1200 ~." 'vO ''!H. 3 '0. ,'.... crt 3~~~' ~ '" ~~~ ""1'. (Was GARDEN f .=' ,3500 h'06 ': ';~~'., ;"6". "''''J ~ 33:! \:J!~!i~.ij.. '~~:o ' cr. ~ 3, \ J- I ' - ".0. ~ - ""..- - ..: 5000 4900 I--';'~- :"7"" I T" 3200 ~.IJJ \... , ~.7 , Itj ~I fi? el ~ )~ :1 :! .~i~ "'10 . _I I :-' j , -1--- f-- . _::- "'''R D. ....w ; .. ~ a ~I~ t J .~ ~ . s ~ '; -0 11~03~j'f-22- 6. ,':) I ~~_~ ~ I-" 10 . I .~~ loq (40' 0; i'J 14~"c..; 819 >.\\" H~ ~. t~ . ,~~ - ~ . ~ . , 1" 1 c..:;' ID~ _ (;;,.,(./J'-, J,"~',~ ... ~42 ';g ~ ....~.. H.,;... . c,.u.. . -~ . I:f<t s;>. 'c;,c..". Jj ~...~" l>.~-~--~.. ,. .;~ _'i.8~44' __ "... ...r--',,<. _".,. ~ _~ ~ <\:~o :.,~:;.<;~ Pen"'" ~ ~ p 'q.l\ .P';l'~~ (I ~ f ~I~ ; '~843 ~,.~~ ~ NS"'O..6". 4~ffiilf "'" '" d, CD ~~ 842 ( € -I ~ . Ul ~ (/)~ OM ~~I -~ I 11";4' rr- "(J..P"............a-....//~ ~ ~~1 <<'7' ~ . ~ ear ~EmBived: , tj f~f 0 2008 'UI>. Ori~i~I~Jmittal-, en i 221 .. . ~ ~ ~ -e 91...,...: _ _ '~ "'''-'' - .:.~..o 0 . WAY),.., ""m .-.".,., + w' 7 F- ~~~ 48 - 4';~~ 1- ~~:~ ,.' ~ '" ~ 5 224q ~ 'J 0.18 Ac.,l ~4201 :,r ~~ / ~ i . ~ .", " LOT 49 ~', ~- . ~. I ~ .."..,...10.... v~ o . 4J.t~I~~n.- \S' - -I ~ I&.N~01'L o.~. I .. 111.4"11'_ 1 11.08 1- c....(). I 2: r LI^I..II_, - --:.!.:.. 0 . ! 1-:l.1.S,1' .~~t:'" s.-,z, A- \e' ID ' , . /- e1!':,?,,7 f"t, > ~202 ~ ~ , ~ ..,."Jf$. 201 . .~ ~~- ~t. '~.:t& ....,1. '" ...., \ ~" '!-j 841 ~ ~ , (, 8:' ISLt 600 ...., 0 o . ~ , e " N ~ " 500 ;.r, ''-:ihi (,,~.:...()' I 1\. , Date Received: WRITTEN STATEMENT SUPPORTING A PROPOSED SERIAL PROPERTY LINE ADJUSTMENT Original Submittal . AFFECTING . ASSESSOR'S MAP No~ 17-03-34-22, TAXLQTS 800, ins, 816, & 7400 AUG 2 0 2008 General Information . . The applicant, John Nepute, is proposing to adjust the common boundaries of three lots in a series of property line adjustments at the request of the.lot owners. The main purpo.se is to incorporate an existing barn and existing landscaping within the boundaTies of the adjacent residences ontax lots 815 & 816. The lots involved in the adjusrn:;.ents are Lots 13 and 14 of the Oak Tree Subdivision, and.Lot 1 of the River Grove Subdivision, referred to hereinafter as Lot 13, Lot 14, or Lot Y.as . appropriate. Four tax lots are listed because the recently created'Lot 1 of River Grove (plat recorded on.8-13-08) will not have a tax lot assignedih the near future and thus the tax lots involved in the River Grove Subdivision were used for reference. Tax Lot 815 (Lot 13 pfOak Tree), also known as"1491 Wimbledon Place, is owned by John W. & Brenda M. Nepute and contains 12,027 square feet as platted. Tax Lot 816 (Lot 14 of Oak Tree), also known as 1479 Wrinoledon Place, is owned by Christopher o. & Meadrith L. Winters and contains 11,403 square feet as platted. Lot 1 of the River Grove Subdivision, also known as 965 Oak Meadows Place, is oWned by John Nepute (the applicant, also known as John W. Nepute), and contains 18,223 sqmire.feet. The results ofthe series of adjustments will be to increase Lot 13 to 17,827 square feet, increaSe Lot 14 to 16,852 square feet, and decrease .Lot 1 to 6,979 square feet. ' The sequence of adjustments will occur as follows: First Adiustment - Between Lot 13 and Lot 14 The proposed 1" adjustment involves the most southerly 9 feet of the common boundary between Lots 13 & 14, and in essence ,redirects it from a northeasterly direction to a more north-south direction. The location of the adjusted boundary was defined by the northerly extension of a north- south line, that is rougWy 33 feet west of, and parallel with, the west wall of the existing barn on Lot 1. The northerly.extension of this line to its intersection with the common boundary between Lot 13 and Lot 14 forms a triangular shaped area containing approximately 28 square feet that will be removed from Lot 14 .and added to Lot 13. This adjustment willa-eate a boundary between Lots 13 and 14 that will match the proposed adjusted boundary to take place in the second adjustment in this senes of adjustments. : Second Adiustment - Between Lot 13 and Lot 14 The proposed 2nd adjustment involves the easterly portion of the common boundary between Lots . 14 and Lot l' (ie the portion east ofthe adjusted line formed in the first adjustment). The location of the adjusted boiindary was defined by it line that is roughly 33 feet west of, and parallel with, the west wall of the existing barn on Lot I. This line matches the location of existing fencing and landscaping'installed in anticipatioD..ofthis adjusted boundary between Lot 14 and Lot I, imd is the southefly extension.oftheli1).e adjusted in the I" adjustment. . , ) Third Adiustment. -Between LOt 13 and Lot I (. .. ..;"'; ",' ,....-: '," ":',,~ .,. August IS, 2008 'i/'.' ,." 3880-pla2-ws.wpd' "V, Property Line Adjustment Criteria Conformance Statement {~lir,I'-;.z.<' :!."'~='~" ' Pagelof3 ,_J 1~~;"'~)1.~:;~:~':: I" ';1~~/"~ r ~HI -'. -d- The propos~d 3'd adjustment involves the westerly portion of the common boundary betWeen Lots 13 a;1~.~pt:.1/i~. m.~ portion west of the adjusted line fomed in the 1" & 2nd adjustments). The locatIOn of the adjusted boundary was defined by a hne that IS the westerly extensIOn of the most northerly, north line of Lot 2 of the River Grove Subdivision. The extension of said~north line of Lot 2 is continued until it intersects with the easterly margin of Oak Meadows Place. This line was located at the direction of the owner/applicant to identifY the future bound3ry for development of Lot 1. The owner/applicant will maintain the entire area of Lot 1 and has installed landscaping and fencing.up to and along the most southerly boundary of Lot 1. The proposed adjustments comply with all of the applicable City of Springfield Development Code criteria as outlined below. Criteria of Aimroval . , ' The Criteria of Approval contained in the Springfield Development Code Chapter 5 can be addressed as follows: . Per SDC. 5.16-125 'Criteria, "The Property LineAdjustment shall not: " (A) Create a new'lot or parcel; This series of proposed property line adjustments do not create any new parcels. 1)rree lots exist and will remain after the proposed adjustments. (B) 'Create a landlocked lot or parcel; This property line adjustment will not act to create a landlocked lot or parcel. Lots 13 and 14 of the Oak Tree Subdivision will continue to have access to Wimbledon Place. Lot 1 of . River Grove will have access to Oak Meadows Place either directly or via the pole portion of the flag lot to the south, Lot 2 bfRiv~r Grove as specified in the recorded CC&R's for RiveroGrove. (C) Reduce anexisttng lot or parcel below ihe minimum size standard or reducedsetbacks below the minimum. established by the applicable zoning districts in this Code;, The subject properties are all zoned Low Density Residential, LDR. The minimum I.ot size. in the LDR zone for lots fronting on a north/south street per SDC 3.2-215 is 5,000 square feet. The rniiIimum building setback in the LDR zone per SDC 3.2-215 is 10 feet on the. front side; street side, and rear yards, and 5 feet for the interior yards. In addition,. the front yard setbacks for garages and carports in the LDR zone are 18 feet, measured. along the driveway as specified in the Code. The proposed boundary a,djustmentswill result in increasing the setback from existing structures on Lots 13 &. 14 of Oak Tree except for the first one. In the first adjustment, the setback from the existing home on Lot 14 to the adjusted line still exceeds the minimum, 10 foot minimum required. The new line location in the second adjustment is located approximately 33 feet from the eXisting structure located on Lot 1. . There are no other structures that are impact~ by ~ prop.osed adjustments. .. , . uate ReceIVed: . L August 15,2008 AUG 2 0 2008 3880-p1a2-"ws.wpd Property Line Adjustment Criteria Conformance Statement Original Submitt~1 Page 2 of 3 ~ 1: "" ";',!.". (D) Violate qny previous conditions the Appr;~al Authority may have imposed on the lots or parcels involved in the. application; ." :.r"-".. ",,' These property line adjustments will not violate any known previous conditions placed on any of the lots of parcels involved. . ,. (E) . Detrimentally alter the availability of existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels; or These property line adjustments will not alter the availability of the existing public or private utilities to each lot or parcel in this application or to abutting lots or parcels. All services for Lots 13 and .14 of Oak Tree are from Wimbledon Place and are not impacted by these adjustments. The services for Lot 1 have not yet been constructed but are being planned to be located along the southerly portion of Lot 1. Therefore, the proposed adjustments have no impact on the planned utility service locations. . Date Received: AUG 2 0 2008 . Original Submittal August 15, 2008 3880-pla2-ws.wpd Property Line Adjus~ent Criteria Conformance Statement Page 30f3 J Uo""l'ldi/mIi"""";""~"'r-""il'~-;~~,"-~A"l!"_""-"'~""-'"__'''''~~. - -~.,.~..... --., -' " ,-" " W ARRANrY DEED .- STATUTORY FORM Date Received: ~' HARRY A. COOL, :I:1::t and JUDITH ANN COOL, as tenants by the ent:rety, . Grantor, , ,0 \1.' conveys and warrants to Original submittal 1111111111111111111111111111111111111111111111111 .0044149120030052737001001306/10/2003 12:34:29 PM RPR-DEED Cnl=1 Sln=5 CASHIER 07 $6.00 $11.00 $10.00 AND CHRISTOPHER O. WINTERS MEADRITH L. WIN'l'ERS, Grantee, the fol~owing described real property; free of encumbrances except as sp~cifically set. forth herein, to wit~ Lot ~4, OAK TREE SUBDIVISION, as platted and r~~orded in File 73, Slides 791 and 782, Lane County Oregon Plat Records, in Lane County, Oregon. Tax Accc;nmt No (a) : .1470531 Map/Tax Lot No(s): 17 03 34 22 00816 This property is fr~e from encumbrances, EXCEPT: All ,those items of reco~~, if any, as of the date of this deed, inc~uding any real property taxes due, but not yet payable. The true consideration for this cc:inveyance is $235,000.00 . THIS :tNSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DBSCR:tBED :tN TH:tS INSTRUMENT IN VIOLAT:tON OF APPLICABLE LAND USE LAWS AND REGOLATI:ONS. . BEFORE SIGNI:NG OR ACCBPT:tNG m:ts INSTRUMEN'I', THE PERSON ACQUIRING FEB TITLE TO THE PROPERTY SHOULD CHECK WITH TEE APPROPR:rATB C:tTY OR COlJNTY pLANNING DEPARTMENT TOVERH'Y APPROVED USES .A1m TO ....""...""'-N.......NE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this ~ day of June, 2003. ;2/<. lj,/ -. (I~"~(!odP./ ff:tTH ANN COOL STATE OF OREGON, COUNTY OF LANE ) S6. This instrument was acknOwledged before me on JUne~, 2003 by HARRY A. COOL, J:J:J: AND JUDITR ANN COOL. ~_~hJ) Division of Chief Depylv Clerk Lane Counly Deeds and Racoras (Notary Public for O:t'sgon) My commission expires An_ /117 - o."2i After recording return to: WESTERN TITLE & ESCROW COMPANY 497 OAKWAY ROAD. SUITE 340 EUGENE, OR 91401 Until a change is requested all tax statements shall be sent to the following address; CHRISTOPHER O. WINTERS AND MEADRITH L. WIHTERS _44~~~.~~~~- 1479 Wimbledon Place _W~~~~_HC_~~~~_ Springfield, OR 9747 \, TITLE NO. ESCROW.NO. 30-0213803 30-0213803 AUG 2 u ,(JUS , 2003.~52737 $26.00 ~l~~~:<:=". '.-~~~~il~ ~-~:i~'~~~ir:~~~~::.~~~;~ o.~~~~~iiti~~~~ '.'1' ..,' After recording return to: ~ D" Kerstc::J. "'- 260 Country Chin Road, Suite" 210 EUt'.ene, OR 97401 ~Sq.S12h ,,<- Seu...: Tax St:.lemenls lO: Aii Bdore.. WA..'U!ANTY DE:ED Date Received: -:-l ; I AUG 2 0 2008 John W.. Nepute. and Brenda M. Nepute, but "With right of survivorship, Gran'tor., ~oJ:ln' W.. Nepute and Brenda M...Neput.e, each interest as tenants in common, Grantee, real' property: . . Oriainal Submittal not as tenants in commd'h .. "conveys and warrants to as to an .eq'...la.lo undi vided the following-described Lot' 13 Oak Tree Subdivision, as platted and recor.ded in ~ile 73, Slides 781 and 78?, Lane C~unty, Or~gon_ The property is free from ~'ll encumbrances exc?pt: th"ose of record. ( The, true and. actual cons:ideration paid for 'this transfer, stated .in terms', of dollars, is $0.00-. Ho.....ever, the" actual consideration consists of or includes other property or value given or promised which is- the whole consIderation. . In construing this" deed and where th~"cdntex:t so requires,; t;he singular 'includes' the plural "ah"d all' grariunaticalcharlges shall be .implied. to make the provisions. hereof app.ly equally to corporations' and to individuals. '" ;,0' .;;-, :j, . ..~ , Ji. :~ THIS. INSTRlm!:NT WILL NOT ALLOW USE OF TllE:- PROPER:ry. DESCRIBED .IN .THIS INSTRUME:NT IN VIOLATION OF APPLICABLE h~D USE LAWS AND. REGULATIONS. .BEFORE: SIGNING OR ACCE:PTING Tins INSTRUHENT, THE: PE:RSON ACQUIRING FEE TITLE: TO THE PROPERTY SHOULD-CHECK WITH THE APPROPRIATE CITY. OR COUNTY PLANNING DEPARTME:NT TO VERIFY .APPROVED USES AND TO DETRRMJNE: .ANY LIMITS ON LAWSUITS AGAINST F~~ING OR FOREST PRACTICES AS DE:FINE:DIN ORS 30.930. ? . . the GLantor has exec~~ed tnis instrumsnt 8_SU~JUN.ll'98~05REC . I'!?9iJUN.11 .. 98#05f.FUND. GrantO~M; '~L~4 7l;~~98H05A1'T FUND STATE OF ORE~ON} Co~nty of Lane) 55. Personally appeared be~o~e m~ on Ja...{ _:1--7' ,,'199B, the above-named ~J6hh w~ Ne.pute! who ackno'""ledge.d" the foregoing- lnstrument to be their v~luntary act~~ L~ ~~~J Nota~ lUbllc'//::~regon (';OI&AS.9()Hoo 0<<056 ,~ I 'l'rCQAlS~EXPlRESJJNt:15 1~ r I ST .... --u----~f Lane) 55. ' In witness Whereof, ~ i 1998. . on June Personal-ly'appeared before me on :5\J"""L-- Z 1998, the ab<?v~.-:nameq John W. Nepute and .~rez:da M. Nepyte 1""Who ",acknow~edged 0, th~, foregoing -instrument. to be th,elr ~lunt ry a t and deed_ ~ ~:~;~ .. 71J:(1/.. . . ~ N()TARYPU8UG-QREGON N'otary PUbfic for CO~MtSSION!-IO 309057 ' /,AX CQi,U.lISSIO~ EXPIRE5 A~R J, 2002 - -'-:J-'" "'-~"""''''''''.1 ~ JSc1 5.00 ILl.OD 20.00 ~~~~:!C.l~ ....-.- U~ll!!lO'JIt~.:il;:'1!~;~ ~!!':::::;;:;""::'~~~-~"~' ~s4si26 ., Date Received: AUG 2 0 2008 Original Submittal State- of Oregon County ~f l:.ane -.;. S,s. I. the Coun"tyClerk,.in.ilnd ier ;h,~ "J;J Co-~nty. do hereby ce"rtifv lhill lhi!.wnh'fl irlsirumeni,W<l.s received lo~ record at .3:,; .jUN 11 A'il1 =2:5 -1 Reel 2428H lane Couriiy OffiCiAL Reco,-ds Lane Counly Clerk By: .UJlA ~J:.y Counly Clerk '-, .,. -' . .rf \sa~ Vlt'1 RETURN TO CASGAOETITI.E CO. Division. or Chier ' Lane Counly Deeds . , ty CJe....k Records 200,-o258J3 ' $31.00 BARGAIN. AND SALE DEED 11'''''"11111111'111111111111111 """"11111111 00900454200700258130020029 RPR-OEEO Cnt=1 Stn-_4 04/18/2007 10:53:05 AM CASHIER 02 510.00 511.00 510.00 , DANIEL RICHARD MAXWELL and PATRICK DENNIS MAXWELL, Grantor, Conveys to JOHN NEPIJTE Grantee, Hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property ~th the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County of Lane, State of Oregon, described as follows, to-wit: Date Received: AUG 2 0 2008 SEE EXHIBIT "A" A IT ACHED BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERR9Nr@inal Submittal FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37(2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS NSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMlNE ANY LIMITS ON LAWSUITS AGAiNST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37(2004)). The true consideration for this conveyance is 0 Dated this 11 day of ----11{)YL L , _UYJ1 . '~~f1 PATRICK DENNIS MAX\lELL I . \... STATE.OF De€qON }ss. COUNTY OF 1...MJe- _ owledged befqre me on.---AOYl\ v n : 1AY57 ,by ~I~ ~)... J)'nrus WVk YII This instrument. was ac .r>>nlt'l r:J JI) (Notary sigoa e).' . I . Notary.Public or (')eJ1~l-..li My Commission expires~, Wi 1I1Y1 . r-- I _ OFACIAlSEAl M HIll . NOTARY PUBLIC-OREGON COMMISSION NO. 391567 MY COMMISSION EXPIRES APRIL 10, 2009 . , MAXWELL Until a change is requested all tax statements shall be sent to the following address: Grantor's Name and Address SAME AS GRANTEE JOHN.NEPUTE 1491 WIMBLEDON PLACE SPRINGFIEI.D. OR 97477 Grantee's Name and Address After recording return to: SAME AS GRANTEE 'i .- EXHIBIT "A" . BEGINNING ATA POINT ON THE EAST BOUNDARY OF OAK BREEZE ESTATES AS PLATTED AND RECORDED ON FILE 75, SLIDES 617 AND 618 OF THE LANE COUNTY OREGON PLAT FILES, IN LANE COUNTY OREGON, SAID POINT BEING THE NORTHWEST CORNER OF PARCEL 1 OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOHN NEPUTE BY WARRANTY DEED RECORDED JANUARY 5, 2007, DOCUMENT NO. 2007-001044, LANE COUNTY OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 13, OAK TREE SUBDIVISION AS PLATTED AND RECORDED ON FILE 73, SLIDES 781 AND 782 OF THE LANE COUNTY OREGON PLAT FILES, IN LANE COUNTY, OREGON; THENCE ALONG THE SOUTH BOUNDARY OF SAID OAK TREE SUBDIVISION, SOUTH 89' 57' 45.0" . EAST 155.10 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF LAST DESCRIBED NEPUTE TRACT AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG THE EAST BOUNDARY OF PARCEL 1 OF SAID NEPUTE TRACT, SOUTH 01'16' 39" WEST 278.30 FEET TO A POINT ON THE NORTH MARGIN OF COUNTY ROAD NO. 307 (KELLOGG STREET), SAID POINT BEING 20.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF KELLOGG STREET; THENCE LEAVING LAST DESCRIBED EAST BOUNDARY, ALONG . SAID NORTH MARGIN, SOUTH 79' 04' 20" EAST 10.59 FEET; THENCE NORTH 02' 50' 04" EAST 10.10 FEET TO A POINT ON THE NORTH MARGIN OF KELLOGG STREET, 30.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF KELLOGG STREET, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 33 OF SAID OAK TREE SUBDIVISION; THENCE LEAVING SAID NORTH MARGIN AND ALONG THE WESTERLY BOUNDARY OF SAID OAK TREE SUBDIVISION THE FOLLOWING TWO COURSES AND DISTANCES: NORTH 02' 50' 04" EAST 270.47 FEET AND NORTH 89' 57' 45" WEST 18.07 FEET TO THE TRUE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON. . Date Received: AUG 2 0 2008 Original Submittal ~ '. .f~' RETURN 10 CASCADl' 11llE CO. - '<':1: CASCADE T1T1..E CO.' ,. TITLE NO. 0253036 f'/vD ESCRQW NO. EU06-3206 TAX ACCT. NO. 0298636 TAX ACCT. NO. 1611639 MAPffAXLOTNO. 17 03 34 2 2 #800 MAPffAX LOT NO. 17 0334 22 #7400 Division of Chl.f D",,"_, Clork 2007.001044 Lane Counly Deeds and Recorda . 11'11111111111 11111111111111111 II 111111111\\11 III $31.00 00873558200700010440020023 01/05/200702.:23:56 PM RPR-DEED Cnt=l Sln=9 CASHIER 04 S10.00 Sll.00 S10.oo WARRANTY DEED - STATUTORY FOR]\1 Date Received: '!:1. 1 , /1 SHARON A. FAGIN also known as S~ARONFAGIN. Granto~, AUG 2 0 2008 ..;( ';'., conveys and warrants to Original Submittal JOHN NEPUTE, Grantee, me following described real property free of encumbrances exCept asspecificalJy set forth herein: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THlSREFERENCE BEFORE SIGNING OR ACCEl'TJNG TillS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER" ORS 197.352. THIS ' INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRmED 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, TO DETERMINE ANY LIMns ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 3O~930 AND TO INQUIRE AROOT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, ~ ANY, UNDER ORS 197.352. Except the following encumbrances: Covenants, Condit~ons, Restrictions, Easements and Rights of Way of record, if any. , The true consideration for this conveyance is'$450,OOO.OO . Oatedth" L{~ da~of ~.^. I r~,~ ~~~<&~1'N~~ n ~'~ State of Oregon ~ County of LANE . This instrument was acknowledged before me on JClI'lUa.vV} A- l\~J1l.!",~ (NolaJ)\Pi,blic for Oregon) My commissio~ Wpites ~.l\I1.f-.a ,2007 by SHARON A. FAGIN.. omclALS&L _MELISSA BUTTERFIELD . \ NOTARYPUBUC.QAEGON \.: _.,..-' COMMISSION NO. 396222 tlfOOlMSIOOOPIRES SEP1EMBER 16. 2009 , SHARON A. FAGI}.l P.O. BOX 71335 EUGENE, OR 9740 I GRANTOR'S NAME AND ADDRESS Until a change is requested all tax statements shall be senl to lhe following address: ***SAME AS GRANTEE... JOHN NEPUTE _i '-Iq I (,J ,,,,hi "''''." ~qD.... ~I~,l;f(~ nlZ Q7tn., NT S NAME AND ADDRESS After recordi~g return to: CASCADE TITLE CO. . 811 WILLAMETTE EUGENE. OR 9740 I WRD ~ ." Order No. 0253036 page.,. 4 ,. ~ Date Received: PROPERTY DESCRIPTION AUG 2 0 2008 ~"" PARCEL 1, Original Submittal That portion of the following described property lying North of the North line of Kellogg Raa~, lying South of the South lot lines of Lots 13 and 14, OAK TREE SUBDIVISION, as platted and recorded in File 73, 'Sl~des 781 and 782, Lane County Oregon Plat Records; and lying to?est of the West lot lines, of Lots 31,. 32 and 33, of said OAK TREE SUBDIVISION: Beginning at a stone 9.56 chains East of a point in the West" line of the Robert' E. Campbell Donation Land Claim No. 59, 48.82 chain~ South'Qo 55' West of the Northwest corner thereof, Township 17 South, Range 3 West of the Willamette Meridian; a:r:d running t.l!ence South 10 4 I West 4".04 chains ~o a stone in the center ot' County R,9ad; thence South 800 l' East 0.51 chains to a stone in center of County Road; thence South 00 55' West 17.48 chains to a stone; thence East 4.89 chains to a stone; thence No.rth 00 55 I East. 16.47 ch~ins to a stone. in center of County Road; thence North 800 I' West 3.07 chains to a ston~ in center ,of county Road; the,nee .North 104' East 4..50 chains to a stone; thence West 2.,35 ch~ins to the place of beginning, in Section 34., Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon. PARCEL 2, A par~el of land lying in the Northwest one-quarter of Section 34, Township 17 South, Range 3 West of the Willamette Meridian, all in the City of Springfield, Lane County, Oregon, said parcel being shown as Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded with the Lane County Clerk and Recorder of Documents filed on March 18, 1998, as File 75, Slide 617, in Lane County, Oregon,. said parcel being more particularly described as "follows: The Basis of Bearings for this legal description is the East line of Parcel A of ~AK BREEZE 'ESTATES SUBDIVISION, as platted and recorded with t?e Lane County Clerk and Recorder of Documents on March 18, 1998, as File 75, Slide 617, in ~ane County, Oregon. Beginning at. the most Southeasterly corner of Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded with the Lane County Clerk and Recorder of Documents on March 18. 1998, as File 75, Slide 617, in Lane County, Oregon; thence along the East line of OAK BREEZE ESTATES SUBDIVISION North 010 16' 39w East 233.43 feet; thence leaving .said East line of OAK BREEZE ESTATES SUBDIVISION North 880431 21" W~st 20.00 feet to a point lying on the Easterly right of way. line of Oak Meadows Place;' thence continui~g along said Easterly line of Oak Meadows Place Sputh 010 16' 39" Wes,t 60..93 .feet to a point; thence running along the arc of a 14.00 foot radius curve to the left (the long chord of wh~ch bears South 130 43' 23" East 7.25 feet) a distance of 7.33 feet to the' point of t~ng~ncy; thence South 280 43' 19" East 5.28 feet to a point; thence running along the arc of a 26.00 foot radius curve to' ~he right (the long chord of which bears South 250 33' 55" East 2.86 feet) a distance of 2.87 feet to the point of tangency; thence South 22Q 24' 20'1 East 16.65 feet; thence South 010 16'39" West 20.38 feet; thence So.uth 24057' 38" West 16.65 .feet to a point; thence run~ing along the arc of a 26.00 foot radius curve to the right (the long chord of which bears South 280 07' 07~ West 2_86 feet) a distance of 2.87 feet to the point of tangency; thence South 310 16' 39" West 5.28 feet to a point; thence runni~g along the arc of a 14.0p foot radius curve to the left (the long chord of which bears South 160 16' 4011 West 7.2~ feet) a distance of 7.33 feet to the point of tangency; thence South 010 16' 39" West 74.90 feet; thence South 380 53' 5In East 23.01 feet to a point lyi~g on the Northerly right of way line of Kellogg Road; t.hence South 790 04' 20" East 5.23 feet to the point of beginning, in Lane County, Oregon. .. ." lUG-19-Z008 08:45 l ..:ade Ti tIe ComI?any' 541 485 0307 P.OZ - :w= CA$CADE TITLE CO. IIIOOIII~ ml mllml~II~I~IIII!1 STATUS OF RECORD TITLE REPORT SI1PPLEKE>lTJ>.L Date Received: AUG 2 0 2008 .~.) , JOHN NEPUTE .1491 WIMBLEDON PLACE . SPRINGFIELD, OR 97q77 Our No: CT-0259511 Date~ August 18, 2008 Charge: $200.00 Government Service Fee; Original submittal $25.00 .AS requested, Caseade Title Co. hae s~arched our trace indices as to ~he following deecribedreal property: ( A T T A C H E D I and as ot: AUGUST 7, 2008 AT B:OO A.M. we tind the tollowing: vestee: . JOHN W. NBPUTE AND BRENDA M _ NEPUTE. each as to an equal undivided interest as tenants in common I as to 1?a.rcel 1; JOHN NEPUTE, as to parcel 2; CHRISTOPHER O. WINTERS AND MEADRITH L. WINTERS as tenants by the entirety, as t:o Parcel 3 Said property is subject to the following on record matters~ 1. Taxes for the fiscal year 2008-2009, a lien not yet payable. 2. Public utility easements as shown on' the recorded Plat. , (Parcels land 3) 3. Declaration of restri'ctive covenant, including the terms and provisions thereof, recorded AugUBt 4, 1992, Reception ,No. 9243705, Lane County Official Records. (.parcels 1 and 3) . 4. Notice of Agreement with the City of Springfield, recorded August 4, 1992, Reception No. 9243706, Lan~ County'Official Recorqs. (parcels 1 and 3) 5. Conditions and restrictions, . including the terms and provisions thereof, (but. omi~ting any covenant condition or restriction based on race, color, religion, sex," handicap, familial status or national origin unless and'only to the extent that said covenant .(a) is exempt under Chapter 42; Section 3607 of "the United S~ates "Code or (b) relates to handicap but does not "discriminate against handicapped persons) as set forth by instrument recorded October 9, 1992, Reception NO. ~257030, .Lane co"unty Official Records. (Parcels 1 and 3). continued- MAI~ OFFICE' 811 WILLAMETTE ST. . EUGENE, OREGON 97401 * PH: (541) 6B7-2233 FLORENCE. 1901 HWY lOt - S. 2 . FLORENCE, O~EGON 97439 . PHI. (54t) 997-8417 . EUGENE FAX, .485-0307 . E-MAIL: info@cascadetie1e:com * FLORENCE FAX: 997-B246 AUG-19-200B 08:45 \.., ..;ade Tit I e Company 541 485 0307 P.03 .' 6. Deed ot Trust, incl~ding the terms ~nd provisions thereof, Executed by John W. Nepute and Brenda M. Nepute, to Fidellty National Title Insurance CO., Trustee lor the benefit of Mortgage Electronic Registration .Systems, Inc., .(MERS) acting solely as a nominee for Countrywide 13ankl FSB, Senef{ciary, dated May 5.< "2008, recorded May 1), 200B,Reception No. 200Sn026760, Lane County Official Records, to secure payment of a note for $416,000.00. " (Parcel 1) , 7. Deed of Trust, including the terms and provisions thereof, executed by Christopher O. .Winters and Meadrit:h L. Winte.rs, husband and wife, Granto;t'; to First American Title 'Insurance Company, Trustee, for t.he benefit of Es-nk of America, N .A., Eeneficiaryj dated June 6, '2003, recorded -June 10/ 2003, Reception No. 2003-052738, Lane county Official Records, to secure payment of a note in the-amount of $1ee,ooo.00. (pa~cel 3) . R. Deed of Trust (Line of -credi.t} I including the t:erms and provisions thereof. executed by Christopher O. _Winters and Meadrith L. 'winterSi Grantor, to ChicaSo Title company/Fidelity Nat.ional Tit'le company, Trustee, fer the benefit of Bank of America, N.A., Beneficiary, dated May 19, 2005, recorded July 1, 2005, Reception No. 2005-048987, Lane County Official Records, to secure payment of a note in the amount of $25,000,00. (parcel 3) , ~, Eal;>ements,' note:;:;. conditions and rest=-iceions shown, set fort.hl and/or delineated on l:he recorded plato, (Farce'l?-) .10, Covenants. conditions. and restrictions, includinS the terms and provisions thereof .(but omitting covenants or restrictions, if any, based upon race, color. religion, sex, - sexual orientation, familial status, marital status, disability,' handicap, national origin, ances~ry, or source of- income, as set .forth in applicable state or fe~eral laws, except to the extent 'that said covenant or restriction is permitted by applicabl~ law) in Declar~tion recorded August 13, 20081 Reception No, 2008- 046542, Lane County Official Records. I Parcel 2) II, Dec~aration of Development Reatriction Requirement, including the terms and provisions thereof, recorded August 13, 2008, Recepci~n No. 2008-D45543. Lane County pee~s and Records. (Farcel'2) NOTE: Tax~s. Account No.' 0298636, Assessor's Map No. 17 03 34 2 2, #800, Code 19-03, 2007-2008. in the amount .of $1,956.98, P1<ID IN. FULL. Taxes, Account No: 1470523, ~Bsesaor'e Map No. 17 03 34 2 2, #815. code 19-00, 2007-2008, in the amount.of $5.140.52, PAID IN FULL. Taxes, A~~ount No. 1470531, Assessor's Map No. 17 03 34 2 2, #815, code 19~00, 2007-2008, in,the amount of $3.912.01", PAID IN FULL. Taxes, Account :No, 1611639, Assessor's Map. No. 17 0.3 34 2 2, #7400, Code 19-00, 2007-2008, in the amount of.$7.90, Pi'.IO IN FULL. cent i"nued- Date Received:. AUG 2 0 2008 Original Submittal c. \,".... .. AUG-l~-2008 08:45 C~_~ade Title Company' 541 485 0307 P.04 ~ Thi~ report" is t~ be ut~lized for informacion only. This report is not to be used as a' bas'is for transferring. en'cumbering or foreclosing the real property described.' .' .. The liability of Ca5cade Title Co. is li;ited to the addressee and shall not exceed the premium paid hereunder. CASCADE TrTLE CO., by: YL kd/Title officer: KURT BEATY cc: POAGE ."TTN: EMAIL: ENGINEERING & SURVEYING, MIKE KArSER MKAISER@POAGE.NET INC. . . Date Received: AUG 2 0 2008 original submittal .... ;jUG-19-2008, 08:45 :adeTitle Company 541 485 0307 P.05 PROPERTY DESCRIPTION PARCEL 1: Lot 13, OAK TREE SUBDIVISION, as platted and recorded in File 73, Slides 781 and 782~ Lane County Oregon plat Records. in Lane County,' Oregon. PARCEL 2: Lot 1, RIvER GROVE SUBDIVISION, as platted and recorded August 13., 2008, Reception No. 2008-046S~l, Lane c~unty Deeds and Records, in Lane County, oregon. PARCEL 3, ,Lot 14, OAK TREE SU8DIVISION, as platted and recorded in File 73, Slices 781 anc 782, Lan~ ~ounty Oreson Plat Rec9rds, in Lane County, Oregon. Date Received: AUG 2 0 2008 Original Submittal TOTAL P.05 It- , ,:I ~ After Recording ReturnTo: Poaoe Enaineerina & Survevina~ Inc. PO. Box 2527 Euaene. OR 97402 Mail tax statements To: No chanoe Date Received: AUG 2 0 2008 Original Submittal PROPERTY LINE ADJUSTMENT DEED RECITALS: Whereas: ChristoDher o. & Meadrith L. Winters (WINTERS), GRANTOR, are the owners of .a tract of land located in Section 34, T ownship17 S.outh, Range 3 West of the Willamette Meridian, being shown on Assessor's Map 17~03-34-22 as Tax Lot No. 816, hereinafter referred to as TRACT 1. . John W. & Brenda M. NeD_ute iNEPUTE), GRANTEE, are the owners of a tract of land located in SE3ction 34, Township 17 South, Range 3 West of the Willamette Meridian, being shown on Assessor's Map 17-03-34-22 as Tax Lot uNo. 815, and hereinafter referred to as TRACT 2.. . . Whereas: The legal description of the TRACT 1 property prior to this adjustment is more particularly described as follows: . Lot 14 cif Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane Courty Oregon Plat Records. , The legal des'cription of the TRACT 2 property prior to this adjustment is more ~articularly described as follows:' . . .. Lot 13 of Oak Tree Subdivision as platted and recorded in File 73, Slides' 781 and 782, Larie County Oregon Plat Records. . Whereas: Upon common agreement, the owners wish to adjust the boundaries of their common 'property line. The legal descriptior] which. depicts the adjusted property line is described on Exhibit "A", attached hereto, and by reference made a part hereof. . Whereas: This property line adjustment received City of Springfield Planning Approval .under Planning FHe No. _ .. Therefore:. By and through this instrument WINTERS and NEPUTE agree to adjust their common boundary to a position as described on attached Exhibit "A" . To accomplish the property line adjustment WINTERS conveys all rights to that certain property lying westerly of the adjusted property line described on . attached Exhibit "A" to NEPUTE. .; The true consideration for this coiweyance is: Other than monetary 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 USES. . . August 18, 2008 .3880Ila1;.wpd Page 1 of 4 .' .' , The legal descriptions and a map describing and depicting the revised boundaries are attached hereto and incorporated herein as: . :The legal description for the revised boundaries of the. TRACT 1 property is . shown on attached Exhibit "B". :The legal description for the revised boundaries of ~he TRACT 2 property is shown on attached Exhibit "C". . Exhibit "B" and Exhibit "C" are attached hereto, and by reference made a part hereof. Dated this day of ,2008. .Christopher O. Winters Meadrith L. Winters County of La"ne ) ) ss. ) STATE OF OREGON .' On . , personally appeared the above-named Christopher O. Winters and Meadrith L. Winters, known to me, or proven to me by satisfactory evidence, to be the same persons who executed the foregoing instrument and acknowledged the same to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission Expires: Date Received: AU6 2 0 2008 Original Submittal . August 18,.2008 388011a1.wpd Page 2 of 4 " .J .." . John W. Nepute Brenda M. Nepute STATE OF OREGON ) ) ss. . ) County of Lane \. , On , personally appeared the above-named John W. Nepute and Brenda M. Nepute, known to me, or proven to me by satisfactory evidence, to be the same persons who executed the foregoing . instrument, and acknowledged the same to be theri voluntary act and deed. Before me: Notary Public for Oregon My Commission Expires: l. August 18, 2008 388011a1.wpd Date Received: AUG 2 0 2008 Original SubmittF'1 Page 3 of 4 .. ~ EXHIBIT "A" LEGAL DESCRIPTION ..FOR . REVISED BOUNDARY LINE Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records, said point being. South 89057'45" East 79.45 feet from the southwest corner of said Lot 13; thence leavino said south boundarY and runnino North 01016'39" East 8.95 feet ha Doint on the wester/v boundarY of said Lot 14, and there ending, all in Lane County, Oregon. EXHIBIT "B" Legal Description Revised Boundaries TRACT 1 After this Adjustment . Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records Less: Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted. and recorded in File73, Slides 781 and 782, Lane County Oregon Plat Records, said point being South 89057'45" East 79.45 feet from the southwest corner of said Lot 13; thence leaving said south boundar{ and running North 01016'39" East 8.95 feet to a point on the wes.terly boundary of said Lot 14; thence South 35040'24" West 11.01 feet to the southwest corner of said Lot 14; thence South 89057'45" East 6.22 feet to the point of beginning, all if) Lane County, Oregon. EXHIBIT "C" Legal Description Revised Boundaries TRACT 2 After thi,s Adjustment Lot 13, Oak Tree Subdivision as platted and recorded in File 73, Slides 7.81 and 782; Lane' County Oregon Plat Records Date Received: AUG 2 0 2008 Original Submittal Also: Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records, said point being South 8905'/"45" East 79.45 feet from the southwest corner of said Lot 13; thence .Ieaving said south boundary and running North 01016'39" East 8.95 feet to a point on the westerly boundary of said Lot 14; thence,South 35040'24" West 11.01 feet to the southwest corner of said Lot 14; thence South 89057'45" East 6.22 feet to the point of beginning, all in Lane County, Oregon. Bearings used for Exhibits "A", "B", and "c" herein are based on the River Grove subd'ivision as . platted and recorded on August 13, 2008, Document No. 2008-46541, Lane County Oregon . Official Records, Lane County, Oregon. ' August 18, 2008 3880llal,wpd Page 4 of 4 ,- ,. After Recording.Return Tt Poaoe Enaineerina & Survevina. Inc. P.O. Box 2527 Euaene. OR 97402 Date Received: AUG 2 0 2008 Mail tax statements To: No chanoe Original submittal PROPERTY LINE ADJUSTMENT DEED RECITALS: Whereas: John Neoute (NEPUTE\, GRANTOR, is the owner of a tract of land located in SeCtion 34, Township 17 South, Range:3 West' of the Willamette Meridian, hereinafter referred to as TRACT 1. Christooher O. & Meadrith L. Winters (WINTERS), GRANTEE, are the owners. of a tract of land located in Section 34, Township 17 South, Range 3 West of the' Willamette Meridian, hereinafter referred to as TRACT 2. Whereas: The legal description of the TRACT 1 property prior to this adjustment is more .particularly described as follo""s: - Lot 1 of River Grove as platted and recorded August 13, 2008, Document No. 2008-46541, Lane County Oregon Official Records, Lane County, Oregon. . The legal description of the TRACT 2 property prior to this adjustment is more particularly described as follows:, -. , See Exhibit" A" attached hereto and by reference made a part hereof. . Whereas: This property line adjustf)1ent received City of Springfield Planning Approval under Planning File No.' . Whereas: Upon. common agreement, the owners wish to adjust the boundaries of their common propertydine. The legal description which depicts the adjusted property line is described on Exhibit"B", attached hereto and by reference made a part hereof. Therefore: By and through this instrument NEPUTE and WINTERS agree to-adjust their common boundary to a position as described on attached Exhibit "B". To accomplish the property line adjustment NEPUTE conveys all rights to that certain property lying northerly and easterly of the adjusted property line described on attached "Exhibit B" to WINTERS. - The true consideration for this conveyance is: Other than monetarY 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 USES. August 18, 2008 . 388011a2.wpd Page 1 of 5 f:"~ The legal descriptions and a map describing and,. depicting the revised boundaries are attached hereto and incorporated herein as: .. :The legal description for the revised boundaries of the TRACT 1 property is shown on attached Exhibit "C".. . . :The legal description for the revised boundaries of the TRACT 2 property is shown on attached Exhibit "0". Exhibit "C" and Exhibit "0" are attached hereto, and by reference made a part hereof. . Dated this day of ,2008. John Nepute .,. County of Lane ) ) ss. ) STATE OF OREGON On _ ' personally appeared the abovecnamed John Nepute, known to me, or proven to me by satisfactory evidence, to . be the same person who executed. the foregoing instrument and acknowledged the same.to be his voluntary act and deed: Before me: Notary Public for Oregon My Commission Expires: tr: ,'.:;. :J Date Received: AUG 2 0 2008 Original Submittal August 18, 2008 388011a2.wpd r Page 2 of 5 .;' , Christopher O. Winters Meadrith L. Winters STATE OF OREGON ) ) ss. County of Lane. ) On , personally-appeared the above-named Christopher 0, Winters and Meadrith L. Winters, known to me, or proven to me by satisfac~ory evidence, to be the same persons who executed the foregoing instrument and acknowledged the same to be their voluntary act and deed. Before .me: .. .' . Notary Public for Oregon My Commission Expires: , . " Date Received: AUG 2 0 2008 Original Submittal August 18, 2008 38801la2.wpd Page 3 of 5 ,. I," EXHIBIT "A" LEGAL DESCRIPTION FOR REVISED BOUNDARY LINE Beginning at a point on the sOljth boundary of Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records, said point being South 89057'45" East 79.45 feet from the southwest corner of said Lot 13; thenceleavina said south boundarY and runnina South 01016'39" West 59.01 feet to a point on the .westerlv Droiection of the most northerlv. north boundarY of Lot 2. River Grove Subdivision as platted and recorded Auaust 13 2008. Document No. 2008-46541: Lane Couritv Ore.aon Official Records. Lane Countv. Oreaon: thence South 89057'45" East 12.00 feet to the mostnortherlv, northwest corner of said Lot 2, arid there ending, all in Lane County, Oregon. . , . EXHIBIT "B" Legal Description . TRACT 1 After this Adjustment Lot 14, Oak Tree Subdivision as platted and recorded .in File 73, Slides 781 and.782, Lane CoUnty Oregon Plat Records . Also: Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted , and recorded in File 13, Slides 781 and 182, Lane County Oregon Plat Re.cords, said point being South 89057'45" East 79.45 feet from the southwest corner of said Lot 13; thence leaving said south boundary and running South 01016'39" West 59.01 feet to a point on the westerly projection of thE? most northerly, north boundary of Lot 2, River Grove Subdivision as platted and recorded August 13, 2008, Document No. 2008- 46541, Lane County Oregon.Official Records, Lane County, Oregon; thence South 89057'45" East .12.00 feet to ttie most northerly, northwest carrier of said Lot 2; thence along the north boundary of said'Lot 2, South 89057'45" East 80.03 feet to a point on the west boundary of Lot 31 of said Oak Tree Subdivision; thence along last described west boundary North 02050'02" East 59.07 feet to the southeast corner of the aforementioned Lot 14; thence along the south boundary of said Lot 14, North 89057'45" West 93.64 feet to the point of beginning, all in Lane County, Oregon.. . , Date Received: . AUG 2 0 2008 Original Submittal August 18, 2008' 38801la2.wpd Page 4.of 5 ,. 'i .' EXHIBIT "c" Legal Description TRACT 2 . After this Adjustment Lot 1, River Grove Subdivision as platted and recorded August 13, 2008, Docum.ent No. 2008- 46541, Lane County Oregon Official-Records, Lane County;. Oregon. Less: Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records, said point being South 89057'45" East 79.45 feet from the southwest corner .of said Lot 13; thence leaving said south boundary and running Sciuth 01016'39" West 59:01 feet to a point on the westerly projection of the most northerly, north boundary of Lot 2, River Grove Subdivision as platted and recorded August 13, 2008, Document No. 2008- 46541, Lane County Oregon Official Records, Lane County, Oregon; thence South 89057'45" East.12.00 feet to the most northerly, northwest corner of said Lot 2; thence along the north boundary of said Lot 2, South 89057'45" East 80.03 feet to a point on the wEOst boundary of Lot 31 of said Oak Tree Subdivision; thence along last described west boundary North 02050'02" East 59.07 feet to the southeast corner of the aforementioned Lot 14; thence along the south boundary of said Lot 14, North 89057'45" West 93.64 feet to the point of beginning, all in Lane County, Oregon. Bearings used for Exhibits "A", "B", and "C" herein are based on the River Grove Subdivision as platted and recorded on August 13, 2008, Document No. 2008-46541, Lane County Oregon Official Records, Lane County, Oregon. . Date Received: AUG 2 0 2008 Original submittal August 18, 2008 38801la2:wpd Page 5 of 5 ~ "After Recording Return i Poaae Eri(lineerina & Survev" la. Inc. P.O. Box 2527 Euaene.OR 97402 ". l'i Date Received: Mail tax statements To: No chanae AUG 2 0 2008 Original Submittal DECLARATION OF PROPERTY LINE ADJUSTMENT . . . John Nepute (NEPUTE) is the owner of two contiguous tracts of real property referred to herein . . as Tract 1 and Tract 2. NEPUTE is setting forth this declaration to set an adjusted boundary line between Tract 1 and Tract 2. to comply with City of Springfield Land Use Regulations and the p"rovisionsof ORS 92.190(4).. This property line adjustment received City of Springfield Planning Approval under Planning File No. . . The legal description for the.Tract 1.property'prior to. this adjustment is more particularly described as follows: . . See Exhibit "A". The legal description for the Tract 2 property prior to this adjustment is more particulariy described as fdlows: .. . See Exhibit "B". By and through this instrument NEPUTE does hereby set forth and declare his intent to establish an adjusted property line between the foregoing properties as described above. The legal description which depicts the adjusted property line is described on Exhibit "C". Following this property line adjustment, the description of the Tract 1 property is described o.n Exhibit "D". . . Following this property line adjustment, the description of the Tract 2 property is described on Exhibit "E". Exhibit "A", "B", "C", "D", and "E" are attached hereto and by reference made a part hereof. The true and actual consideration for this conveyance is: Other than monetary . 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 USES, AU9ust18, 2008 38801la3N.ipd . Page 1 of 5 ~' , .John Nepute . STATE OF OREGON ) ss. County of Lane ) On, 2008, personally appeared before me the above named John Nepute ,and being "known to me or.proven to me by satisfactory evidence to be the same person who executed the foregoing instrument and acknowledged the same to be his voluntary act and deed. . Witness illy hand and official seal. Notary Public for Oregon . My Commission Expires: Date Received:. AUG 2 0 2008 Original Submittal August 18,2008 38801la3.wpd Page 2 of 5. 1. . ",I .\ .EXHIBIT "A" Legal Description TRACT 1 Prior to this Adjustment. Lot 1, River Grove Subdivision as platted and recorded Aug.ust 13, 2008, Document No. 2008- 46541, Lane County Oregon Official Retords, Lane County, Oreg.on. Less: Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records, said point being ~outh 89057'45" East 79.45 feet from the southwest corner of said Lot 13; thence leaving said south boundarY and running South 01 016'39"West 59.01 feet to a point on the westerly projection of the most northerly, north boundary of Lot 2, River Grove Subdivision as platted and recorded August 13, 2008, Document No. 2008-46541, Lane County Oregon Official Records, Lane County, Oregon; thence South 89057'45" East.12.00 feet to the most .northerly, northwest corner of said Lot 2; thence along the north boundary of said Lot 2, South 89057'45" East 80.03 feet to a point on the west boundary ofLot 31 of said Oak Tree Subdivision; thence along last described west boundary North 02050'02" East 59.07 feet to the southeast corner bf the aforementioned Lot 14; thence along the south boundary of said 'Lot 14, North 89~57'45" West 93.64 feet to the point of beginning, all in Lane county,. Oregon. . .\. EXHIBIT' "B" Legal Description TRACT 2 . Prior to this Adjustme'nt ~'. Lot 13, Oak Tree Subdivision as platted and recorded in .File 73, Slides 781 and 782, Lime County Oregon Plat Records ' Also: Beginning at a point on the south boundary of Lot 14, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon .Plat Records, said point being South 89057'45" East 79.45 feet from the southwest corner of said Lot 13; thence leaving said south boundary and running North 01016'39" East 8.95 feet to a point on the westerly boundary of said Lot 14; thence South 35040'24" West 11,01 feet to the southwest corner of said Lot 14; thence South 89057'45" East 6.22 feet to the point of beginning, all in Lane County, Oregon. Date Received: . AUG 2 0 2008 Original Submittal c. August 18, 2008 3880Ila3.wpd. Page 3 of 5 EXHIBIT "C" . LEGAL DESCRIPTION ofa REVISED BOUNDARY LINE Date Received: AUG 2 0 2008 'J Original.Submittal. Beginning at a point on the westerly projection of the most northerly, north boundary of Lot 2, River Grove Subdivision as platted and recorded August 13, 2008, Document No. 2008~46541, Lane County Oregon Official Records, Lane County, Oregon, said point being South 89057'45" East 79.45 feet and South 01016'39" West 59.01 feet from the southwest corner of Lot 13, Oak? Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane County Oregon Plat Records; thence continuino on said westerlv oroiection. Nbrth 89057'45" West 99.45.feetto . a ooint on the west boundarY of Lot 1 of said River Grove Subdivision, and there en~ing, all in Lane Cpunty, Oregbn. EXHIBIT "0" Legal Description TRACT 1 After this Adjustment , ..' . Lot 1., River Grove subdivision as platted and recorded August 13, 2008, Document No. 2008- 46541, Lane County Oregon Official Rec6rds, Lane County, Oregon, . Less: Beginning at a point~n the south boundary of Lot 14, Oak tree Subdivision aspl~tted and,recorded i~ File 73,siides 781 and 782, Lane County Oregon Plat Records. said poi~i being Souih 89057'45" East 79.45 feet from the southwestc3orner of said Lot 13; . thence leaving said.southbpundary and running South 01016'39" West59.01 feet to a point on the westerly projectiGn of the most northerly, north boundary of Lot 2, River Grove Subdivision a.s platted and recorded August 13, 2008, Document No. 2008- 46541, Lane County Oregon Official Records, Lane County, Oregon; thence South 89057'45" East 12.00 feet to the most northerly. northwest corner of said Lot 2; thence along the north boundary of said Lot 2, South 89057'45"'East 80.03 feel to a point on the west boundary of Lot 31 of said Oak Tree Subdivision; thence.along last desCribed west bouildary North 02050'02" East 59.07 feet to the southeast corner of the. aforementioned Lot 14; thence along the south boundary of said Lot 14, North 89057'45" West 93.64 feet to the point of beginning, all in Lane County, Oregon: Less: Beginning at a point on the ';"'esterly prole.ction of-the most northerly. north boundary of Lot 2, River Grove Subdivision as platted and.recorded August 13. 2008, Doc:ument No. 2008-46541, LaneCo.untY Oregon Official Records, L~ne County, Oregon, said Roint . beirig South 89057'45" East 79.45 feet and South 01016'39" West 59.01 feet from the southwest corner of Lot 13, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782; Lane County Oregon Plat Records; thence continuing on said westerly projection, North 89057'45" West 99.45 feet to a point on the west boundary of Lot 1 of said River Grove Subdivision; thence along said 'west boundary the following 3 courses and distances; North 0101.6'39" East 54.39 feet, South 88053'54" East 20.00 feet, and Nbrth 01016'39" East 4.99 feet to the southwest corner of said Lot 13; 'thence . along the south bound'ary of said Oak Tree Subdivision, running South 89057'45" East 79.45 feet; thence leaving said south boundary and running South 01016'39" West 59.01 feet to the point of beginning, all in Lane County, Oregon. '. AU9ust 18, 2008 . 388011a3"wpd Page 4 of 5 - . 'I EXHIBIT "E" Legal Description . TRACT 2 After this Adjustment Lot 13, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane . County Oregon Plat Records . Aiso: Beginning at a point on. the south boundary of Lot 14, Oak tree Subdivision as platted and recorded in File 73; Slides 781 and 782, Lane County Oregon Plat Records, said . point being South 89057'45" East 79.45 feet from the. southwest corner of said Lot 13; then.ce leaving said south boundary and running North 010.16'39" East 8.95 feet to a point on the westerly boundary cif said Lot 14; thence South 35040'24" West11.01 feet to the southwest corner of said Lcit 14; thence South 89657'45" East 6.22 feet to the point of begirining, all in Lane County, Oregon. Also: Beginning at a point on the westerly prcijeCtion of the most northerly, north boundary of Lot 2, River Grove Subdivision as platted and recorded August 13, 2008, Document No. 2008c46541, Lane County Oregon Official Records, Lane County, Oregon, said point being South 89057'45" East 79.45 feet and South 01016'39" West 59.01 feet from the southwestcorne(of Lot 13, Oak Tree Subdivision as platted and recorded in File 73, Slides 781 and 782, Lane Courity Oregon Plat Records; thence continuing ori said . westerly projection, North 89057'45" West 99.45 feetto a point on the west boundary of Lot 1 of said River Grove Subdivision; thence along said west bO\lndary the following 3 courses and distances; North 01 "16'39" East 54.39 feet, South 88053'54" East 20.00 . feet, and North 01016'39" East 4_99 feet to the southwest corner of said Lot 13; thence . aicing the sciuth bciunda.ry'of said Oak tree subdivision, running South 89057'45" East 79A5feet; thence leaving said south boun-dary and running South 01016'39" West 59.01 feet to the point of. beginning, all in Lane County; Oregon.' . Bearirigs used for Exhibits"A", ':8", "C", "D", and "E" herein are based on the River Grove Subdivision as platted and recorded on August 13, 2008, Document No, 2008-46541, Lane County Oregon Official Records, Lane County, Oregon. . Date Received: AUG 2 0 2008 Original Submittal August1B,200B . 3BBOlla3,wpd . Page 50f 5 225 Fifth Street Springfield, Oregon 97477 541.726-3759 Phone C;' qf Springfield Official Receipt D". dopment Services Department Public Works Department RECEIPT #: 2200800000000001264 Date: 08/20/2008 1O:00:55AM Job/Journal Number SUB2008-00037 SUB2008-00037 S U B2008-0003 7 Description CTY Serial Property Line Adj Postage Fee Type II - $160 +5% Technology Fee Payments: Type of Payment CredilCard Paid By JOI-fN NEPUTE Item Total: Check Number Authorization. Received By Batch Number Number How Received emm 07103c In Person Payment Total: Amount Due 1,246.00 160.00 62.30 $1,468.30 Amount Paid $ 1 ,468.30 $1,468.30 Date Received: AUG 2 0 2008 Original Submittal cReceintl Page I of 1 . 8/20/2008