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HomeMy WebLinkAboutApplication APPLICANT 12/3/2008 City of Springfield Development Services Department 225 Fifth Street . Springfield,OR'97477 ~~ Property Line Adjustment A'pplicant Name: Icompany: IAddress: 2587 N. 19th Street, Springfield , IAPPlicant's'Rep.: Jim McLaughlin Icompany:, IAddress: 2428 Ranch Dr., Springfield 97477. 'Phone: Fax: Phone: (541) 729-4886 UI I , I Fax: , I PROPERTY 1 'IAssessors Map #: 17-03-24 ITax Lot #: Ip;operty Address: 2587 N. 19th Street, Springfield Property Owner: Dean Helfrich 610 Company: IAddress: I Phone: IFax: , I IAssessors Map #: , , I Property Address: I Property Owner: Icompany: IAddress: 2587 N, 1,9th Street, Springfield PROPERTY 2 17-03-24 ITax Lot #: 2587 N, 19th Street, Springfield Dean Helfrich 609 Phone: Fax: 2587 N. 19th Street, Springfield I Description of If you are filling in this form by ~and, please attach your proposal description to this application. Proposal: Lot line Adiustment see detail on attached maD Associated Applications: A61'1 '26t 1- <JU)3'3 ( t) i/Vl 'Au"p<) Icase No.: ~ \f-,70',~~ _~Gj}ReYiewJcDbte: 12-/D3/6<D I ,-j-;?'y:><----.. IAPPlicatio: Fee: $- OF/i. 00 ITechnical Fee:' $pos1;Q:~ee: Jo ITOTAL FEES: $ q.h { q-t} I PROJECT NUMBER: P~,}2./9-,-::r - t'll)'tCJ3 I Date Recelvea: DEe . 3 2008 Revised 1/1"08 Molly Markarian 1 of 4 ., Original 9ubmlttal. Signatures Applicant: Property Owner 1: Property Owner 2: The undersigned acknowledges that the information In this applfcatfon is correct and accurate. \ \\ ~0.... V-- \-.\ c"" \. \,-')U. t--L.... Signature ' Dean Helfrich '\) r ' , eQ'\A, \.-\~\Vr\t'Ll Print Date: 10th Nov 2008 ( If the applicant Is not the owner, the owner hereby grants permiss!on for the applicant to act In his/her behalf. \j~0~'-- ~G-A ~ ~"--- Signature Dean Helfrich Print f\)?"", ' \-.,\~A~\ ~ ~ ~ . 10th Nov 2008 Date: \ If t~e applicant is not the owner, the owner here.by grants permission for the applicantto act in his/her behalf. "'r- \ \ c I'. \'~'2 (5'_.}.,. ~ LA. \,..AI..;, {. Signature " \ Dean Helfrich '\'J~.il. \,-, \A -9-\ \:on d,,,-" Print "- , 1 Oth Nov 2008 Date: I / , ' I Date Received: DEe - 3 2908 " Revised 1/1/08 Molly Markarian Original Submittal J 20f4 ~ ~ ~ ~ ~ ~ ~, (, Property Line Adjustment Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ~, Application Fee - refer to the Development Code Fee Scf7edule f()r the appropriate,fee calculation formula. A copy of the fee schedule is available at the Development Services Department. The applicable application, technology, and 'postage fees are collected at the time of complete application submittal. Property Line Adjustment Application Form 'Copy of the'Deed for all properties involved in the property line adjustm'ent. Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances for all properties involved in the property line adjustment. Draft of the Property Line Adjustment Deeds in compliance with ORS 92.010 and 92.190~4). Recording of these deeds with Lane County shall be a condition of approyal. , . Narratiye explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken,'including findings demonstrating compliance with SDC 5.16-125, Property Line Adjustment Criteria. Three ( ~pies of a Preliminary Suryey including the following: , . ~ Prepared, stamped, and signed by an Oregon licensf!!d land surveyor ~ Scale appropriate to the area involved and the amount of detail and data * North arrow, date of preparation, and title, i.e. p~oposed Property Line Adjustment Survey' ( ~ Boundaries of the lots/parcels involved, including dimensions and area I){ Zoning and plan designation of the lots/parcels M Existing property line and proposed property line, clearly differentiated by line . type D( Location and outline to scale of all existing structures, including required setbacks from current property lines and proposed property lines ~ Location, widths, and ,names of all existing streets, alleys, or other rights~of-way within or adjacent to the lots/parcels and the location and width of driveways * Location of all public and private easements and utility lines within or crossing the lots/parcels. For properties outside the city limits, location of all septic tanks and drain fields. ' , ~ Reference to the recorded Subdivision or Par;tition by name or reference number and blocks, lot/parcel numbers, where applicable , Date Received: . ' \ -L- DEe - 3,2008 " Original Submittal 4 of 4 I Revised 1/1/08 Molly Markarian ~- , f / 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone 8r4~Q~,"'.E,"', .', "~~,.',' '..,'.., ~' ...... _.. -. '.. ~..,..,"^..-._--,..., ,.~.' ( , of Springfield Official Receipt lJevelopment Services Department Public Works Department RECEIPT #; 3200800000000000774 Date: 12/0312008 10:41 :02AM Paid By DEAN HELFRICH Item Total: Check Number Authorization Received By Batch Number Number How Received Ij 2123 In Person Payment Total: Amount Due 939,00 46,95 $985.95 Job/Journal Number SUB2008-00053 SUB2008-00053 Description UGB Property Line Adjoslmenl + 5% Technology Fee Payments: Type of Payment Check Amount Paid' $985,95 $985.95 Date Received: DEe - 3 2008 Original Submittal cReccint I Page I of I 12/3/2008 CITY OF SPRINGFIELD VICINITY MAP SUB2008-00053 2587 19th Street ,-- T --T-~- u" - ~ , __//<,/ -, .------ =-l----~ITE Map 17-03-24-00 Tax Lot 609, 610 North I I I ~ I r- -=1 - '- }-~ -J I - - ml/ L - + I I --j I _ = U I I l, ~=- I-=-.U I I JJ! I ,1 rrri8/ Date Received: DEe - 3 2008 Originsl SubmittaJ. Radius Arc Tangent Chord Chord Bearing 87.90 43.88 22.41 43.43 S W21'31"E 157.90 78.83 40.25 78.01 S 14021'31"E 87.90 43.88 22.41 43.43 S W21'31"E 157.90 78.83 40.25 78.01 S 14021'31"E . f REGISTERED , Line Bearing Distance PROFESSIONAL 1 N 0001'31"W 20.00' LAND SURVEYOR 2 N 0001'31"W 20.00' 3 N 0001'31"W 56.21' 4 N 44058'29"E 58.86' OREGON 5 S 0003'23"E 46.40' JANUARY 19 1993 JAMES T,McLAUGHUN ~ 2583 ., EXPIRES 12/31/2008 HAYDEN BRIDGE ROAD ~ - w ~ '" S &9'&a'2!l"1'{ " ..... ..... ..... ..... ..... ..... .... .... \ \ \ \ .... ..... .... " .... " .... , , 7.0' P.U.E. 290.7~ ' , , , , (Un-adjusted) , (PARCEL III) , (Land Partition Plat # 98-Pl138) , (area - 2,50 acres) , , , PARCEL "A" , , , adjusted area , 4.71 acres , , , , , , , , , ~ ' S 89'58'29"W , , 10 {'IlD 290.53' to;"" a::::_________~~~ ,~ - o to . un _ adjusted line .... ~? U) ~, 0 z z !:\!' m, <Ii, [5, i!i ' ,w :::i .0: .b ...: (Un-adjusted) (PARCEL II) (land Partition Plat # 98-Pll38) (area - 3.44 acres) b , '" , , , , , S 89'58'29"W 200,00' adjusted line , , . , tu w ~ ~ -(," ~ o z ~ o septic lank ~ ' " ~ Ji c 'j;! ~ J 7, , -, , Q) ~i= 'OFl8 ~8tri <n. ~ ::>0- ~z , , 35' rlw ~. ~,~ 8 '" o'~ '" PARCel "a" adjusted area '" N 8~j~9"E 1.23 acres i= "'8 - , o~ , ~ ,,~ , N 8~~rE ., 50' INGRESS - EGRESS EASEMENT ~ ~ 5,0' P,U,E, '" ~ . N 89'49'10"E 95.14' ZONING FOR BOTH PARCELS = lOW DENSITY RESIDENTIAL Curve Delta Angle 1 28036'16" 2 28036'16" 3 28036'16" 4 28036'16" . JTMCL JAMES T. M"lAUGHlIN PROFESSIONAl LAND SURVEYOR LAND USE CONSULTANT 2428 RANCH DRIVE SPRINGFIELD, OREGON 97477 541,729-4886 cell 541-726-4B86 office l-mcl@offbl.com Proposed Property Line Adjustment Survey Prepared by: J.T.McLaughlin PLS 2428 Ranch Drive Springfield, OR (541) 729-4886 Prepared for: Helfrich Family Trust 2587 N. 19th Springfield, OR December 2008 Subject Parcels: "An = PARCEL III, Land Partition Plat # 98-P1138 -17-03-24 taxlot 610 "8" = PARCEL II, Land Partition Plat # 98-P1138 -17-03-24 taxlot 609 The purpose of this proposed lot line adjustment is to reduce the lot size of the existing parcel 8 which the single family dwelling resides, and increase the size of Parcel "An As stated the existing use of the parcel "8" is an active residential lot, Parcel "An is vacant except for the agricultural building on site. This building is used in the farming practices of the existing orchard for equipment and other agricultural item storage. Date Received: DEe - 3 2008 Original Submittal ;.. .... ,0 Division 0' Chle; Deputy Clerk Lane County Deeds and Records " 2~~J.~~m6 Until a change is requested, all tax statements are to be sent to: TO REMAIN THE SAME 111111111 /111111/'111/ 11111111111 1/ 11/11111111 10~3110420030144B76004004 05/16/2003 03:14:06 P" CASHIER 07 $41.00 After recording, return to Varner Jay Johns III c/o B&J/Barristers' Aide 777 High Street, Suite 300 Eugene, OR 97401 RPR-DEED Cnt:1 Stn=7 $20.00 $11.00 $10.00 ~~~~;=;;;;=~~-;;=;~;;;=====~==~=====~==========~==== WARRANTY DEED, JAMES DEAN HELFRICH and GAYLE D, HELFRICH, Grantors, convey and warrant, to DEAN HELFRICH and GAYLE D, HELFRICH, Trustees ofTHE HELFRICH FAMILY TRUST, Grantees, the following real property situated in Lane County, Oregon and more particularly described on the attached Exhibit I, Grantors covenant that Grantors are seized of an indefeasible estate in the real property described above in fee simple, that Grantors have 'good right to convey the property, that the property is free from encumbrances, except as specifically set forth herein, and that Grantors warrant and will defend the title to the property against all persons who may lawfully claim the same by, through, or under Grantors, provided that the foregoing covenants are limited to the extent of coverage available ro Grantors under any applicable standard or extended policiesof title insurance, it being the intention of the Grantors to preserve any existing title insurance coverage. . The true and actual consideration for this conveyance is other value given or promised. TillS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TillS 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 LA WSillTS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, DATED this .:?/a1 day of August, 2002. Date Received: \.)~~ ~ \, JAMES DEAN HELFRICH DEe - 3 2008 ~ J..;J'\,f~~ GAYLi1'D, HELF,RICH tJ Original Submittpl STATE OF OREGON ) )ss, County of Lane ) This instrument was acknowledged before me on the ..:<t"f day of August, 2002 by JAMES DEAN HELFRICH and GA Y.LE D, HELFRI::;rc::::s. ~ ! . ()' , a./ . / /' , , JULIE A CARTMILL ~ ~ "a/J ,Y-rJt,L 4: ','" NOTARY PUBUC. OREGON ari Public for Oregon \",/ COMMISSION NO, 331755 , MY C1lWAISSrON WIRES FEBRUAR'f 17, 2004 Warranty Deed 10-1.018 \ " PARCEL 1: / B ' ' 't '. I eg~nnl.ng a. a pOl.nt bel.ng East 651.00 feet and North 0006 I 3011 East 116.00 feet from the Southwest corner of the Jeske M. Mann Donation LandClaim No. 74 in Township 17 So~th, Range 2 west, of I:he Wil1arne,tte Meridia'nj thence running North 0096' 3011 East 96'.00 feet; then:e East 89.00 feet; thence South 0006 I 3011 West 182.00 feet to a point on the N >rth margin of North "A" street; thence along said margin West 20.00 feet; thence leaviJ\g said margin North 0006'30" East 86.00 feet; thence West. 69 .00 feet to 'the Point (I)f Beginning, all ,in SprIngfield, Lane County, Oregon. / I, PARCEL 2: , ) ,Lot 6, Block 2, FIRST ADDITHN MEADOW GREEN ESTATES, as platted and recorded in Book 57,page 7, Lane County Oregon Plat Records, in Lane County, Oregon. .' SUBJECT TO: '1. 1984-85 taxes a lien not yet due and payable. 2. Easements, restrictions, reservations ,of record. , 3. Mortgage, dated November I, 1976, Recorded November 5, 1976, Reel No. 819 R, R~ception No. 76-~,8566, to State of Oregon, represented and acting by the Director of Veterans' Affairs, which Grantee's ,assume and agree to pay. ' ) PARCEL 3:' Lot 23, Block' 6, NORTHGATE }'IOUIl.TH ADDITION, as platted and recorded 'in, Book 21, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon. SUBJECT TO AND EXCEPTING: A. Public, utility easement as shown on plat. (South 6.0 feet) " B. Conditions and restrict:ons and easement. including the terms and provisions the~eof, as sh~WlI in instrument recorded J~nuary 7, 1955, as Reception No, 46615. Deed Records of Lane ICounty, Oregon. " I " C, Reservations as set forth in deed from the State of Oregon, to R. W. Manning and Bessie Manning, Ihis wife, ,recorded August ~30, 1943, in Book 252, Page 617, Lane County Gregon Deed Records, in Lane County. Oregon, to-wit: "This sale is madelupon the express conditions that there is hereby reserved to the Stat? of Oregon, all the coa~ and other,minerals in said above described premises together with the right to prospect for, mine and remove the same." D. Encumbrances suffered 0' created by Grantee subsequent to the date of this deed. Date Received: / EXHIBIT PG.# / I I '- DEe - 3 2008 Original Submittal .. I, ,'- PARCEL 4: Beginning at a point 673,74 (eet South 89 degrees LO' East of a point in the center of COWlty Road No, 287, said last mentioned point,being on the West line of the David Arthirr Donation Land Claim No, 47, Township 17 South, Range'2 West of the Willamette Meridian, 2227.\ feet South 0 degrees 03' West of the Northwest comer thereof; thence South 0 degrees 03' West 399,39 feet to a point on the North line of a,tract of land known as the Pridmore Tract; thence East,along the North Line of said tract \ 08.3\ feet; thence North 0 degrees 03; East 397.5\ feet; thence North 89 degrees 10' West \ 08.31 feet 'to the place of beginning, in Lane Countv, Orp",," , I, ( , j, \ '\ \ Date Received: . DEe - 3 2008 \ , Original Submittpl , ~~~~IT. J \ ,- . ' ~ " . PARG'3L 5:, Lot 3, Block 3, YOLANDA PARK, as platted and recorded in Book 40, Page 13, Lane County Oregon Plat Records, in Lane County, Oregon: PARCEL 6: Lot 8, Block I, NORTHGATE ADDITION, to Springfield, Lane County;bregon, as platted and recorded in Book 18, Page I, Lane County Or~gon Plat Records, in Lane County, Oregon. '\ PARCEr 7:' Lot 15, Block 5, NORTHGATE SECOND ADDITION to Springfield, Oregon, as platted and recorded in Book 20, Page 5, Lane County Oregon Plat Records, in Lane County, Oregon. , -' PARCEL 8: '\ ( J, Lot 18, Block 5, FIRST ADDITION TO CENTENNIAL GARDENS, as platted and recorded in Book 38, Page 14, Lane County Oregon Plat Records, Lane County, Oregon. PARCEL 9: Lot I, Block 4, FIRST ADDITION TO EDWARD ESTATES, as platted and , recorded in Book 41, Page 12, Lane County Oregon Plat Records, in Lan~ COlU)ty, Oregon, SUBJECT TO:' Existing mortgage for the benefit of the State of Oregon , Department of Veterans Affairs dated May 29,1979, and recorded May 29} 1979, Reel 997, Reception No, 79-31015, which the grantee hereby assumes and agrees to pay, PARCEL 10: , Lot 8; Block I, NORTHGATE ADDITION, to Springfield, Lane County, Oregon, as platted and recorded in Book 18, Page I, Lane County Oregon Plat Records, in Lane County, Oregon. I ~ " PARCEL II: Parcel III of Land Partition Plat No, 98:PI138, filed 'June 29, 1998, Lane County Oregon Plat Records, in Lane County, OregoE, , Date Received: .... DEe - 3 2008 EXHIBIT I PG.# J Original Submittal -~ r , , Until a change Is requested, all (ax statements are to be sent to: TO REMAIN THE SAME f' After recording, return to' I Varner Jay Johns III ) clo B&JlBarrlsters' Aide 777 High Street, Suite 300 Eugene, OR 97401 , ( , \ Division of Chief Deputy Clerk Lane County Deeds and Records ~~~~a~~J~~~ '\ 1/ 111111 I 1111111111111111111111 ""III" I ""II $26,00 00638391200400832490'11013 10/27/2004 03:26:36 PM RPR-DEED Cnt=1 Stn=8 CASHIER 01 $5.00 $11.00 $10.00 Date Received: nFr. - 3 2o.0l_~ WARRANTY DEED , ' ~ Original Submittal DEAN HELFRICH and GAYLE HELFRICH, Grantors, convey and warrant, to DEAN HELFRICH and GAYLE D. HELFRICH, Trustees of TIlE HELFRICH FAMILY TRUST, Grantees, the following described real property situated in Lane County, Oregon: ,. -Parceis " if andIlf,"tAND'pARTITION PLAT No.98-1'1138, filed June29,-1998, Lan-eCounty -----,--,---, ,Land Partition Pial Records, in Lane County, Oregon, Grantors covenant that Grantors are seized ofan indefeasible estate in the real Y'_Y" ;/described above in fee " ' simple, that Grantors bave good right to convey the property, that the property is free from encwnbrances except as specifically set forth herein, and that Grantors warrant and will defend the title 10 the property against all persons who may lawfully claim the same by, thro~gh, or under Grantors, provided that the foregoing covenants are limited to the extent of coverage available to Grantors under any applic'able stailllard or extended policies of title insurance, it being , the intention of the Grantors to preserve any existing title insurance coverage. '- The true and actual consideration for this conveyance is other value given or promised. THIS INSTRUMENT WILL NOT ALLOW USE OFTHE PROPERTY DESCRIBED INTIDS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TIDS 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 DEFIN~ IN ORS 30.930. \ , DATED this I q dayofqj.lI."t;., hoA_ .2004, f) Q MA. ~ ~A \-.;..,~ DEANH)JLFRICH STATE OF OREGON; County of Lane: ss, Thi .nt was aCWlMlJj4gHlA1efore m< on the DEAN HEL , ranto~ODY E KEEFAUVE~ , NOTARY PUBLlC-O~EGON COMMISSION NO 35n38 , MY C;OMMISSION EJ(PI~ES MAY".. 2006 STATE OF OREGON; County of Lane: ss, lbis instrument was acknowledged before me on the ) q GAYLEHELFI)Tr'U n......",,~,: ,'_' , _ . ' OFFICIAL SEAL JODV E KEEFAUVE~ .. , NOT'ARV PUBLIC-OREGoH ' , " COMMI~SION NO, 3~7738 foKi COMMISSION,EJ(PIRES MAy n; 2008 . -' ~. ~E1ii{fiJ~~ /;{~~'- /. I /9 ,dayof Oe/f)k a. ... /" *' ' (J'/{/.(I/LI ,O~IiCf~i ' , 2004, by day of J/2f' /foh/t ,2004, by ,hil,p~ ~oror~on\ j \ , .. M . ", ~.. O. , ~ ~ e~ """ , First American First American Title Insurance Company orOregon 600 Country Club Road I Eugene, OR 97401 Phn - (541)484-2900 Fax - (541)484'7321 L J , FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT: Ronald Denton, TItle Officer Phone: (541)484-2900 - Fax: (541)484-7321 ~ Email: radenton@firstam.com Jim McLaughlin Order No.: 7199-1307597 November 17, 2008 \ Attn: Phone No.: - Fax No.: Email: j-mcl@comcast.net ) \ Re: Preliminary Title Report, AL TA Owners Standard Coverage ALTA Owners Extended Coverage ALTA Lenders Standard Coverage ALTA Lenders Extended Coverage Endorsement other Liability $ c , Premium $ Liability $ Premium $ Liability $ Premium $ Liability $ Premium $ Premium $ Cost $ We are prepared to issue TItle Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: l PARCELS 2 AND 3, LAND PARTITION PLAT NO. 98-P1138, FILED JUNE 29, 1998, LANE COUN1Y , , O~EGON PLAT RECORDS, IN LANE COUNTY, OREGON., . ' and as of November 12, 2008 at 8:00 a.m" title vested in: , , Dean Helfrich and Gayle D. Helfrich, trustees of The Helfrich Family Trust Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: - , Date Received: , DEe - 3 2008 ~Original Submittal This report is for the exclusLve use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void 'unless a policy is issued, and the full premium pai~, Preliminary Report '1. Taxes for the year 2008-2009 Tax Amount Unpaid Balance: Code No.: Map & Tax Lot No.: Property JD No.: (Affects Parcel 2) 2. Taxes for the year 2008-2009 Tax Amount Unpaid Balance: Code No.: Map & Tax Lot No.: Property JD No.: (Affects Parcel 3) 3. Taxes for the year 2008-2009 Tax Amount , Unpaid Balance: Code No.: Map & Tax Lot No.: Property JD No.: (Affects Parcel 3) Order No.: 7199~1307S97 Page 2 of 5 3,987.02 3,987.02, plus interest and penalties, If any $ $ 01904 1703240000609 1626272 $ $ 01904 1703240000610 1626280 22.02 22.02, plus interest and penalties, if any. $ $ 01901 1703240000610 1626298 5.55 , , 5.55, plus interest and penalties, 'if any. " 4. The assessment roll arid the tax roll disclose that the within described premises were specially zoned or; classified for Farm use. If the land has become or becomes disqualified for such use under the statute, an additional tax or penalty may be imposed. ' 5. r' The rights of the public in and ,to that portion of the premises herein described lying within the limits of streets, roads and highways. 6. Boundary Agreement and the terms and conditions thereof: Between: Ray W. Henderson and Dorthy M. Henderson, husband and wife And: Bexter. Fisher and Ann Fisher, husband and wife Recording Information: February 23, 1956, Reception No. 78303, Deed Records of Lane County, Oregon Easement, including terms and provisions contained therein: Recording Information: September 20, 1983, Reception No. 83-33668, Official Records of Lane County, Oregon City of Eugene, for the use and benefit of the Eugene Water & Electric Board electric distribution Easterly 5.0 feet' 7. In Favor of: For: Affects: ~ Date Received: DEe - 3 2008 Original Submitti'1 first Amer;can Title I ,8. 15. 16. '. Prel.iminary Report \1 ( Order No.: 7199-1307597 Page 3 of 5 Easement, including terms and provisions contained therein: Recording Information: May 01, 1992 in Reel 1754R, Reception No. 92-24148 In Favor of: City of Eugene, Lane County, Oregon, by and through the Eugene Water & Electric Board' For: ' utility purposes 9. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, famiiy status, or national origin to the extent such covenants, conditions or restrictions violate TItle 42, Section 3604(c), of the United States Codes: Recording Information: December 24, 1992, Reteption No; 92-73102, Official Records of Lane County, Oregon 10. Improvement Agreement and the terms and conditions thereof: Between: Robert K. O'Neill And: / City of Springfield Recording Information: December 24, 1992, Reception 'No. 92-73103, Official Records of Lane County, Oregon 11. Access ReserVe Strip, as conveyed to Lane County by Deed recorded January 11, 1993, Reception No. 93-01577, Official Records of Lane County, Oregon. 12. Easement, including terms and provisions contained therein:, Recording Information: March 04; 1993 in Reel 1830R, Reception No. 93-13281, Official Records of Lane County, Oregon Robert Keily O'Neill ingress'and egress In Favor of: For: 13. l Easement, including terms and provisions contained therein: Recording,Information: March 04, 1993 in Reel 1830R, Reception No, 93-13282, Official Records of Lane County, Oregon Robert Kelly O'Neill ingress and egress In Favor of: For: 14, Water Service Agreement and the terms and conditions the(eof: Between: Rainbow Water District And: Springfield, Oregon Recording Information: October 15,1993 in Reel 1887R, Reception No.93-66018, . Official Records of Lane County, Oregon ' Easement on the recorded plat/partition as follows: Partition Plat 98-P1138 ..... Final Assessmentfor Improvements, in the amount of $3,881.10, recorded, November 14, 1997, Reception No. 97-77809, Official Records of lane County, Oregon. Date Received: o DEe - 3 2008 Rrst American Title I I Original submittal f ( , ~ preliminary Report Order No.: 7199-1307597 Page 4 of 5" \ 17. 'Deed "of Trust and the terms and conditions thereof. -18. C;;rantor/Trustor: Grantee/Beneficiary: I ' Trustee: Amount: Recorded: Recording Information: (Covers, additional property) Line of Credit Mortga\ge and the terms and conditions thereof. Mortgagor: Helfrich Family Trust Mortgagee: National City Bank Amount: $415,000.00 Recorded: March 25, 2008 Recording Information: 2008-016782, Official Records of Lane County, Oregon (Covers additional property) , Dean Helfri9h and Gayle Helfrich U Lane 0 Credit Union Fidelity National Title Co ' $260,000.00 January 29, 2003 2003-007859, Official Records of Lane County, Oregon , ' - END OF EXCEPTIONS - NOTE: We find no judgments or United States Internal Revenue liens against Helfrich Family Trust THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! , ' 1 \. \ . , J Date Received: DEe - 3 2008 Original Submittal first American Tltle ) Preliminary Report Order No.: 7199.1307597 Page 5 of 5 'l-to ~ ., l4 F. ~ # (. ~ ~ ,r (' First American Title Insurance Company of Oregon , , SCHEDULE OF EXCLUSIONS FROM COYERAGE ALTALOAN POLICY. (06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: ~ 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or - (iv) environmental protection; or thk effect of any violation of these laws,' ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police IXIwer. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens; encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Rerords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; !(c) resulting in no loss or damage to the Insured Claimant; . (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provlded under Covered Risk 11, 13,or.14); & . I (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenron:eabilitY of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laWs of the state where the land is situated. ' 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. \ 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is ' (a) a fraudulent conveyance or fravdulent transfer, or (b) a preferential transfer for any reaSOn not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes Of assessments imposed by governmental authority and created or attaChing between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This EXclusion does not modify or limit the coverage provided under Covered Risk 11(b). 2, 3, ... ALTA OWNER'S POLICY (06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company" will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, Prohibiting, or. relating to (i) the occupancy, use, Of enjoyment of the Land; (il) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or '. (iv) environmental protectkm; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does oot modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modrfy or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not moclify or limit the coverage provided under Covered Risk 7 or a. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and flot disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant;. ' . (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy/state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as' shown in Schedule A, is (a) a frauduleot conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authonty and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedul~ A. r , SCHEDULE OF STANDARD EXCEPTIONS ( Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by,the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Facts, rights, interests or claims which are not shown by the D'Jblic records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. Easements, or claims of easement; oot shown by the public records; reselVations Of exceptions in patents or in Acts authOrizing the issuance thereof; water rights, claims or title to water. Any encroachment (of existing improvements located on the sUbject,land onto adjoining land or of existing improvements' located on adjoining lam onto the subject land), encumbrance, violatioo, variation, or adverse cin:umstance affecting the title that would be disclosed by an accurate and complete land SUlVey of the subject land. Any lien" or right to a lien, for services, labor, material, equipment rental or workers """""'I-'"""",..vn heretofore or hereafter furnished, imposed by law ai1d not shown by the publiC records. NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST '\ 1. 2, 3, 4, 5, , TJl:fte"R~ceived : first American Title DEe - 3 2008 ('l.inin:;J1 Submittal \ \ , ' After Recording Return To: Dean Helfrich .2587 N,'19th Street Springfield, OR 97477 .J ,... Send Tax Statements To: , No change, PROPERTY LINE ADJUSTMENT DEED The parties to:this property line ~djustment deed are: Dean Helfrich and Gayle D, Helfrich Trustees ofthe Helfrich Family Trust WHEREAS: / . A, The true consideration for this conveyance and adjustment is $0.00, This consideration statement is located on the first page of this document. B. Dean Helfrich and Gayle D. Helfrich Trustees of the Helfrich FamilyJrust is the owner of three contiguous parcels located iri Section 24,ofTownship 17 South, Range 3 West, of the Willamelte Meridian, hereafter referred to as Parcel A, Parcel B. C. The owner referenced in Recital B intends to reconfigure the boundaries between Parcels A and B using a property line adjustment. , D, To accomplish the desired reconfiguration, a property line adjustment deed will be recorded. This deed,is the property line adjustment deed, and is hereafter referred to as the "Subject Deed." , : E. The purpose of the subject deed is to adjust the boundary between Parcel A and Parcel B, r, " F. Parcel A is shown on Assessor's Map 17-03-24 Tax Lot 610, The legal description for Parcel A prior to this adjustment is in a Warranty Deed recorded May 16,2003, Index number 2003-044876, Lane County Oregon Deeds and Records. G, Parcel B is shown on Assessor's Map 16-02-13 as Tax Lot 609, The legal description for Parcel B prior to this adjustment is in a Warranty Deed recorded May 16, 2903, Index number 2003-044876, Lane County Oregon Deeds and Records, ' ( H, The proposed property line adjustment will be' accqmplish in accordance with ORS 92,0 I 0(7)(b); ORS 92,010(11); ORS 92,060(7) through (10); ORS 92,190(4); and all other applicable statutes,. Date Received: DEe - 3 2008 Original Submittal Page I <if 6 Property Line Adjustment Deed " J NOW, THEREFORE: r ", L I, Dean Helfrich,and Gayle D, Helfrich Trustees of the Helfrich Family Trust owner of Parcels A and B, declare, convey, and execute the following two property line adjustments: I a, The legal description for Parcel A prior 10 this adjustment is in a Warranty Deed , , recorded May 16,2003, Index number 2003-044876, Lane County Oregon Deeds " and Records more particularly described as follows: Parcel 3, Land Partition Pial No. 98-P-1138, Filed June 29, ] 998, Lane C6unty Oregon Plat Records in Lane County, Oregon, b, The legal description for Parcel B prior to this adjustment is in a Warranty Deed recorded May 16, 2003, Index number 2003-044876, Lane COUllty Oregon Deeds and Records more particularly described as follows: Parcel 2, Land Partition Plat No, 98-P-1J38, Filed June 29,,1998, Line County Oregon Plat Records in Lane County, Oregon. c, The legal description of Parcel A after this property line adjustment is as follows: Beginning at a point being North 0003'43" West 2893,19 feet, North 89049'10" East 325,02 feet, and North 0"01 '31" West 35,00 feet from the Southwest Corner of the Felix Scott Donation Land Claim No, 5j in Section 25, Township 17 South, Range 3 West of the Willamette Meridian, said point being the Southeast corner of the Parcell Land Partition Plat Number 92-P0306 as filed in the Lane County Surv~yor Office, County File Survey Number 31021 said point also being on the Northern right-ofway line of Hayden Bridge Road thence leaving said right-of-way line North 00'01'31" West 438,89 feet the True point of Beginning thence South 89058'29" West 90,24 feet; thence North 00003'23" West 175,00 feet,' thence South 89058'29" West 200,00 to a point on the Eastern right-ofway line of 19th Street, thence along said right-ofway North 00003'23" West 651. 76 feet; thence leaving said right..of;/ay along the Southern right-ofway of Hayden Bridge Stub North 89058'29" East 290, 7~feet; thence leaving said Northern right-ofway South 0001'31" East 826, 76 to the True Point of Beginning, allin Lane County, Oregon. (conI. 4,71 acres) ) , d. A legal descripti.on of Parcel B after this property line adjustment is as follows: Beginning at a point being North 0003'43" West 2893,19 feet, North 89049'10" East 325,02 feet, and North 0"01 '31" Wesf'35, 00 feet from the Southwest Corner of the Felix Scott Donation Land Claim No, 51 in Section 25, Township 17 South, Range 3 West of the Willamette Meridian, said point being the Southeast corner of the Parcel [ Land Partition Plat Number 92-P0306 asfiled in the Lane County Surveyor Office, County File Survey Number 31021'said point also being on the Northern 'right-of way line of Hayden Bridge Road thence leaving said tight-ofway line North 0001 '31" West 438,89 feet; thence South 89058'29" West 90,24 feet; to the True Point of Begiiming thence North 00003'23" West 175,00 feet; thence South 89058'29" West 200,00 feet to a point on the Eastern right-of way line of 19th Street, thence along said right-of way line the following courses and distances: South 00003'23" East 265,23 feet, along a 87,90 footradius,G,urye R . J I .. uare ecelved: , " I Page 2 of 6 Property Line Adjustment Deed DEe - 3, 2008 Origin':!! Submittal r , , - to the left, (the chord of which bears South 14.021'31" East 43.43 feet) a distance of 43, 88feet, along a 157,90 foot radius curve to the right (the chord of which bears South 14.021 '31" East 78,01 feet) a distance of 78, 83 feet, and South 00.003'23" East 46,40 feet; thence leaving said right-ofway East 95,14 feet; thence North 0.001 '31" West 20,00; thence North 5]043'50" West 85,00 feet; thence North 0.001'31" West 56,21 feet; thence North 44.058'29" East 58,86feet; thence North 0.001'31" West 85,00 feet; thence North 89.058'29" East 100, 72feet the True Point of Beginning, all in Lane County, Oregon, (cant, 1,23 acres) I e, A description of the new!y,adiusted line between Parcel A and Parcel B is as follows: . Beginning at a point being North 0.003'43" West 2893,19 feet, North 89.049'10" East 325,02 feet, and North 0.001 '31" West 35,00 feet from the Southwest Corner of the Felix Scott Donation Land Claim No, 51 in Section 25, Township 17 South, Range 3 West of the Willamette Meridian, said point being the Southeast corner of the Parcel I Land Partition Plat Number 92-P0306 as filed in. the Lane County Surveyor Office, County File Survey Number 31021 said point also being on the Northern right-of-way line of Hayden Bridge Road thence leaving said right-ofway line North 0.001 '31" West 438,89 feet to the True Point of Beginning thence South 89.058'29" West 90.24 feet: thence North 00.003'23" West 175,00 feet' thence South 89.058'29" West 200,00 feet to a point on the Eastern right-of way line of 19th Street, and the point of terminus of this line, f. The diagram representing the configuralion of the subject properties Parcel A and Parcel B, after the property line adjustment is as follows: ( Date Received: DEe - 3 2008 Original Submittal Page 3 of 6 Property Line Adjustment Deed " \ I / ? ,- '( v r " ? (~ PARCEL "A" ') - un adjusted line adjusted line PARCEL "8" " \/ ''1 l J ,Q) ,., '0 Q) u; ~ '0 '" , Page 4 0[.6 Property Line Adjustment Deed 1 c ( - L u Date Received: DEe - 3 2008 Original Submitt,,1 , 2, Disclosure required by ORS 93,040(1) and (2) \ . BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195,33~ AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE,PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LA WS 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LA WFULL Y ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92,010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LA WSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30,930, AND 1',0 INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LA WS 2007," "'''THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY' NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS,SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM' OR FOREST ZONES, MA Y NOT AUTHORIZE CONSTRUCTION OR SITlNG OF A RESIDENCE AND THA l' LIMIT LA WSUlTS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 1950336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS' 2007, " , 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LA WFU'LL Y ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92,010 OR 215.010, TO VERIFY THE APPROVED USES OF Tl-iE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, , UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LA WS 2007." . \ v' Date Received: DEe - 3 2008 /' Original Submittal \ .page 5 of 6 Property Line Adjustment Deed d ) Dated this _ day of November, 2008. ..., Dean Helfrich Trustee of the Helfrich Family Trust STATE OF O~GON ) ) ss, County of Lane ) , l! On this _ day of November, 2008, personally appe~red theabove-named.oean Helfrich and Gayle D. Helfrich Trustees of the Helfrich Family Trust, before me and acknowledged the foregoing instrument to be her voluntary act and deed. Gayle D, Helfrich Trustee of the Helfrich Family Trust STATE OF OREGON) ) ss, County of Lane, ) \ On this _ day of November,-2008, personally appeared the above-named Gayle Trustee of the Helfrich Family Trust, before me and acknowledged the foregoing instrument to be her voluntary act and deed. BEFORE ME: Notary Public for Oregon My Commission Expires / ( / Page 6 of 6 Property Line Adjustment Deed L '- Date Received: " DEe - 3 2008 Original Submittal