HomeMy WebLinkAboutApplication APPLICANT 1/9/2009
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Date Received:
JAN .: 9 2009
Property Line Adjustment
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Applicant Name:
Icompany:
IAddress:
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IAPPlicant's Rep.:
Icompany:
IAddress:
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I
IAssessors Map #:
I Property Address:
I Property Owner:
\company:
IAddress:
,
I
IAssessors Map #:
I Property Address:
I Property Owner:
Icompany:
IAddress:
,
Original Submittal
. .
Irene Alltucker
Phone
(54]) 343-9706 ext. 114
Relief Nursery, Inc.
Fax:
now 25th A ~e., ~ugene, OR 9740;;
Phone
(541 )746-0637
(541) 746-0389
Stacy Salladay
Branch En,gineering, lnc.
Fax:
310 Fifth St., Springfield, OR 97477
18-02-05-22
PROPERTY 1
I ~~x lot
1400
870 S. 42nd St., Springfield, OR
Phone
(541) 343-9706
Relief Nursery, Inc.
Fax:
no W 25th Ave., Eugene, OR 97405
18-02-05-23
PROPERTY 2
I ~~x Lot
101
Springfield School District No. 19
Phone:
Fax:
(541) 747-333]
525 Mill St., Springfield, OR 97477
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If you are filling in this form by hand, please attach your proposal description to this application.
Description of This proposal is to adjust the west property line of Tax Lot] 400 lOS-feet west and the north property line
Proposa I: 40-feet south.
Signatures: Please sign and print your name and date in the ap ropriate box on th: next page.
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Associated Applications: 'ZQGW03, 0 0023
Icase No.: <Vv(JW0"1-00004- I Date:\ltl ID~ I Reviewed by: ~
IAPPlication Fee: $ {P?3. OD I Technical Fee: $ ?, (. 15 I Postaqe F~e: $0
ITOTAL FEES: PROJECT NUMBER:
Revised 1/1/08 Molly Markarian
1 of 4
Signatures
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, Signature
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Print
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Signa ure I
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Print
If the applicant is not the owner, the owner hereby grants. permission for the applicant to act in his/her behalf.
Property
Owner 2:
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signa&e \
:)"e.-1-t '1:)(~<\ CD
Print
Date:
J.-t, -0<1
Date Received:
JAN - 9 2009
,
Original SUbmittal
Revised 1/1/08 Molly Markarian
2 of 4
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.
rg] Application Fee - refer to the Development Code Fee Schedule for 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.
rg] Property Line Adjustment Application Form
rg] Copy of the Deed for all properties involved in the property line adjustment.
rg] 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.
rg] 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 approval.
rg] 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.
rg] Three (3) Copies of a Preliminary Survey including the following:
rg] Prepared, stamped, and signed by an Oregon licensed land surveyor
rg] Scale appropriate to the area involved and the amount of detail and data
rg] North arrow, date of preparation, and title, i.e. Proposed Property Line
Adjustment Survey
rg] Boundaries of the lots/parcels involved, including dimensions and area
rg] Zoning and plan designation of the lots/parcels
rg] Existing property line and proposed property line, clearly differentiated by line
type
rg] Location and outline to scale of all existing structures, including required
setbacks from current property lines and proposed property lines
rg] 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
rg] 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.
rg] Reference to the recorded Subdivision or Partition by name or reference number
and blocks, lot/parcel numbers, where applicable
Date Received:
JAN - 9 2009
Origin<:ll Submittal
Revised 1/1/08 Molly Markarian
4of4
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
'ty of Springfield Official Receipt
uevelopment Services Department
Public WOJ;ks Department
Job/Journal Number
SUB2009-00004
SUB2009-00004
Payments:
Type of Payment
Check
CreditCard
Job/Journal Number
SUB2009-00004
SUB2009-00004
Payments:
Type of Payment
Check
CreditCard
cReceintl
RECEIPT #:
3200900000000000014
Date: 01109/2009
Description
CTY Property Line Adjustment
+ 5% Technology Fee
Paid By
RELIEF NURSERY
MICHAEL L BRANCH
Item Total:
<":heck Number Authorization
Received By Bat~h Number Number How Received
14012
ddk
ddk
In Person
89412Z In Person'
Payment Total:
Description
CTY Property Line Adjustment
. + 5% Technology Fee
Paid By
RELIEF NURSERY
MICHAEL L BRANCH
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
14012
In Person
89412Z In Person
Payment Total:
ddk
ddk
Date Received:
JAN - 9 l009
Original submittal
Page 1 of ]
lO:Ol:46AM
Amount Due
623.00
31.15
$654.15
Amount Paid
$623.00
$31.15
$654.15
Amount Due
623.00
31.15
$654.15
Amount Paid
$623.00
$31.15
$654.15
1/9/2009
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CITY OF SPRINGFIELD
22S STII STREET
SPRINGFIELD, OR 97477
G~'s Name aad Address
RELIEF NURSERY INC
1720 W. 25TH
EUGENE, OR !n40S
GnIatee',NamellndAddre:ss
~ERGmN1A~ TITLE CO.
P.O. BOX 931
SPRINGFIELD, OR 97477
Until a duulte is 1"tq1teSted, all tax stat_am stIalI be
smttotbefoDowint:lIlldnss.
SAME AS GRANTEE
/ Di.vision of Chi..' Deputy Clerk
Lane County Deeds and Rocards
2007-069049 '\
$31.00
~1~~U_11~"ml~
RPR-DEal Cnl.ISln=6 c.J2'~~~7 10:22:44 An
510.00 511.00 510.00
TITLE NO. ELT-5347S
ESCROW NO. SP07-20141
TAX ACCT. NO. 0562809
MAP NO. 18-02-05-2.1..01400
WARRANTY DEED - STATIJTORY FORM
(INDIVIDUAL OR CORPORATION)
KNOW ALL MEN BY THESE PRESENTS, TIutt CITY OF SPRINGFIELD, A MUNICIPAL CORPORA nON OF
TIlE STATE OF OREGON
h~ninaft~r callH glYJlUor, for th~ consid~ration h~mnqft~r stat~d, to grantor paid by
RELIEF NURSERY, INC., AN OREGON PUBLIC BENEFIT NON-PROFIT CORPORATION
h~ninaft~r called granl~~, dots henby grani, bargain, s~U and convty unto the said grizmu and gnuJk~'S heirs,
SIlCC~SSOrs and assigns, tIuJt certain IMI property. with the ten~menlS. hereditamenlsand appurtenances thereunto belonging
or appertaining, situated in tlu County of LANE and Slak of Oregon, described as follows. to-wit:
SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY mls REFERENCE
To HaR and to Hold the stUM UIUO the mid grantee and grantee's hein, succ~ssors and assigns fon'Rr.
And said grantor henby COt'elUUlts to and with mid granlee and grontu's heirs, sucussors and assigns, thot gnurtor is
lawfully seiud in fee si.mple of the abo.e grrmted premises, free from all encumb1'fJll<<s
Except 2007-2008 Real Property tans, a lien not yet due or paytJble.
Subject to any and all etl~l1U!nts. nstrictions and COrtnants of record
and that gramorwill ",anum and fonrtr defend the said premises and every part and parcel thereof against the lawful
claims and demands of all persons whomsoeur, except those c14iming under the above describul encumbrances.
The true and actual consideration paid for this transfer, stated in tenttS of dollars, is $ 148,836.00.
.However, the aaual consideration consists of or include! other propetfJ or I1G/ue gillen or promised wlUch is (the
whole/pan of the) consideration (indkate ",hid). .. (The seRlence between the symbols., if not applicable should be
deleted. See ORS 93.030.)
In construing tlUs deed and where the conItXI so requires. the singular in.cludes the plural and aU gllUll1lUllit:al changes
shaH be impliftl to make the propiiions hereof apply equa1ly to cotporaliOIp A4.1oindiriduals. , ~ '
In Witness Whereof, the grantor has executed this instrumtnl this L.oJ (~ day of t'r ~)J.1 .
20 fl.; if a corpomle gl'OlltoT, it has cauwl its IIllJM 10 bt signed and seoi qJJixed by its ofJicers. duly authoriud themo
by order ofits board of directors.
BEFORE SIGNI;o;G OR ACCEPI'ING THIS INSTRUMEl"fI', TilE PERSON TRANSFERRING I''HE TITLE SHOULD INQUIRE A80lIT THE PERSON'S
RlGms. IF ANY, UNDER CHAPTER I, OREGON LAWS 2005 (BALLOT MF.A.~RE 37 (2004)). THIS I~STRUMENT DOES NOT ALWW USE
OF THE PROPERTY DESCRIBED IN THIS I:\"SI'RUMENT IN VIOLATIO:\" OF APPLICABLE LA:\"D USE LAWS AND REGULATlONS. BEFORE
SlG;'ltIXG OR ACCEPfING THIS I~SI'RUMENT, THE PERSON ACQUIRING FEE TITLE TO THE l'ROPEKTY SHOULD CHECK WITH THE
APPROt"IU.ATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIfY Afl"ROVIID USES,TO DETFJlMINE A.1\-Y UMITS ON LAWSUITS
AGAlNSI' FARMli"rOG OR FOREST PRACTICES AS DKFlJliED IN ORS 30.930 AND INQUIRE ADmIT THE RIGms OF NEIGHBORING PROPERTY
::: A.:~PI'ER I, OREGON LAWS 1005 (BAlLOT MF.ASl!_RE37 (1004)). OFFlClAl.SEAL
BY. ~ CITY MA.'l"AGER SANOY DERRICKSON
GINO GRIMALDI NOTARY ~.UBUC-oREGON
COMMISSION NO. 380012
MY COMMISSION EXPIRES MAV 29, 2008
STATEOFOREGON,COUNTYOF ,_1'\ .1 D
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TIDS INSfRUMENT WAS ACKNOWLF.DGED BEFORE ME ON
MANAGER, OF CITY OF SPllINGFlELD
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Notal')' Pubtie for
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,W(Jq..., BY GINO GIUMALDI, AS CITY
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Date Received:
JAN - 9 2009
Original Submitta'
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ELT - 53475
Page lofl
Legal Description
EXHIBIT A
Situated in the Northwest one-quarter of Section 5, Township 18 South, Range 2 West of the
Willamette Meridian, in unincorporated area near the City of Springfield, Lane County, State of
Oregon, and described as follows:
Being the Easter]y 165.00 feet of (I) the lands conveyed in that certain Warranty Deed to
Willamalane Park & Recreation District Recorded July 17, ]98], Ree11147R, Reception No.
8]-31092, Official Records of Lane County, State of Oregon, and (2) the lands conveyed in that
certain Warranty Deed to Willamalane Park & Recreation District Recorded July 17, 1981,
Ree11147R, Reception No. 81-31089, Official Records of Lane County, State of Oregon, the
perimeter of said lands described more particularly as follows:
Beginning at a point on the East line of the John Magnus Donation Land Claim No. 50,
Township ]8 South, Range 2 West of the Willamette Meridian, as said Point of Beginning lies
on the centerline of County Road No. 287 (South 42nd Street), and distant South 000 03' 00"
West 1669.65 feet from the Northeast comer of said Donation Land Claim; thence West 185.00
feet; thence South 000 03' 00" West 397.04 feet; thence East 185.00 feet to a point on said East
line of Donation Land Claim No. 50; and thence North 000 03' 00" East 397.04 feet returning
to the Point of Beginning.
EXCEPTING THEREFROM (I) the Easterly 20.00 feet thereoflying within COIUlty Road No.
287 (South 42nd Street), and (2) all that portion dedicated to Lane County for road purposes by
that certain instrument Recorded February 29,1968, Reel 381R, Reception No. 15788, Official
Records of Lane County, State of Oregon.
Date Received:
JAN ;. 9 2009
Original SfJbmittaL___
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111111111111111111'1111111111111111111111111111
1346924820030 .H640030036 08/08/2003 10:56:43 AI'I
RPR-DEED Cn\=1 5\=15 CASHIER 02
$15.00 $11.00 $10.00
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$36,00
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, Division of Chief Depu\y Cle~k
Lane Coun\y Deeds and Reco~ds
Until a change is requested,
send all tax statements to:
After recording, return to:
Lane County School District No. 19
. 525 Mill Street
Springfield, Oregon 97477
Merwin C. Logan
Wurtz and Logan
315 Fifth Street
P.O. Box 66
Springfield, Oregon 97477
CORRECTION DEED
(Statutory Form)
RECORDED TO CORRECT BARGAIN AND SALE DEEDS PREVIOSULY RECORDED
AS FEE NUMBER 2003-013694 AND FEE NUMBER 2003-022341.
The original deed recorded, as 2003-013694, contained an error in the legal description. The deed
was subsequently re-recorded, as fee number 2003-022341, in an effort to correct the legal d_._.:,.::on error.
The re-recorded legal description also contained an error. The correct legal description for this deed tS
attached as Exhibit A.
The Grantor is WILLAMALANE PARK AND RECREATION DISTRICT. The Grantee is LANE
COUNTY SCHOOL DISTRICT NO. 19, SPRINGFIELD, OREGON.
TIUS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE&'AU>...D IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
DAlhDthis(aJ:l.d.,yof~ ,2003.
.J.~\o~-,~
Helen Wagner, President
Willamalane Park & Recreation District
~~,~
Robert W. Keefer, S__'~=I \
Willamalane Park & Recreation District
Date Received:
(Notary page attached]
J,t" .; r 'J!I!!l.1
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Correction Deed - Page I of 2
Originai Submittal
(doc.66982)
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STATE OF OREGON )
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County of Lane ) .
The foregoing instrument was acknowledged before me this 1lli. day of J: IU J
Helen Wagner. President ofWillamalane Park & Recreation District. ~.
, ~~~~~
Notary Public For Oreg
, 2003 by
STATE OF OREGON )
) 58.
County of Lane )
The foregoing instrument was acknowledged before me this ~ day of k ./
Robert W. Keefer, Secretary ofWilIamalane Park &!l! 'on Di:~Ct. ~
" ">>J ,-c.., J
otary Public For Oreg
~--~----------------------~
, . O~FICIAL SEAL ]
: PATRICIA M LEWIS '
, " ./ NOTARV PUBLIC-OREGON
: . COMMISSION NO. 341414
t~~:~~~'~~~~.:~~~:: ~~~:~ ~.:.:O~:.
, 2003 by
. OFFICIAL SEAL
, PATRICIA II LEWIS
. / NOTARY PUBLIC-OREGON
COMMISSION NO, 341414
U:~~~~~N EXPIRES MARCH 17, 2005
Pursuant to ORS 93.808, I, Stephen M, Barrett, Assistant Superintendent, cx:>nsent
to this conveyance on behalf of lane County School District No. 19.-
),~.I.~kYh, ~., .
)ss. Step~1:i.' Barrett, Assistant SUpenntendent
Count)( of lane) of lane County School District No. 19
'[he L~c,,~ing instruIrent was acknowledged before IlE this' 5't day of () ~ J IlW,Lllf , '11:IJ3
2?03,.by stephen M. Barrett, Assistant SUperintendent of lane County Scl;;~r-'
Dlstrlct No. 19. .
Cu1uJu.4~ ./). (I.JJ,LidJ
oorAki PUBLIC for ~~""~U
~- - - -, - - ;~~~i~;;'-'-"~]'
ctlMMISSION NO. :nsm
. liT COMMISSION EXl'lRES NOV 21, 2003 .
~-:-:-'"':...~~'~h3=:-~-:;$5$ ~-~~ - -~,
STATE CF ()RJ'X;OO
Date Received:
JAN .:. 9 2009
Original Submittal
Correction Deed - Paee 2 of 2
(doc.66982)
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Exhibit A
PARCEL 1
TAX MAP 18-02-05-23 TAX LOT 101 AFfERADJUSTMENT
SITUATED in the Northwest one quarter of Section 5, Township 18 South, Range 2 West, of the
WilIamette Meridian in unincorporated area near the City of Springfield, Lane COlmty, State of Oregon and
described as follows:
BEING at! of (1) the lands de;crihed in th"t certain Warranty Deed !o WIl LAMALANE PARK &
RECREATION DISTRICT recorded July 17, 1981 in Reel 1147R at Reception No. 8131092 in the Official
Records of Lane County, State of Oregon and (2) the lands described in that certain Warranty Deed to
WlLLAMALANE PARK & RECREATION DISTRICf recorded July 17, 1981 in Reell147R at
Reception No. 8131089 in the Official Records of Lane County, State of Oregon.
EXCEPTING THEREFROM the easterly 185.00 feet of aforesaid lands. Said easterly 185.00 foot
portion is more particu]arly described as follows: .
BE""u. ",".G at a point on the East line of the John Magnus Donation Land Claim No.
. 50, Township 18 South, Range 2 West of the Willamette Meridian as said POINT OF
BEGINNING lies on the centerline of COWlty Road No. 287 (South 42"" Street) and
distant South 00. 03' 00" West 1669.65 feet !rom the Northeast comer of said Donation
Land Claim; THENCE WEST ]85.00; THENCE ~()lJTH 00. 03' 00" WEST 397.04
EEEI. THENCE EAST ]85.00 FEET to a point on said East line of Donation Land
Claim No. 50; AND THENCE NORTIl 00. 03' 00" EAST 397.04 FEET
RETURNING to the POINT OF BEGINNING,
Date Received:
JAN - 9 2009
Original Submittal
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1651 CENTENNIAL BLVD. . SPRINGFIELD, OR 97477
P.O. BOX 931 . SPRINGFIELD, OR 97477
.PHONE: 541.741.1981
FAX: 541.741.0619
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TITLE INSURANCE SERVICES . ESCROW CLOSINGS
625 COUNTRY CLUB RD. . EUGENE, OR 97401
P.O. BOX 10211 . EUGENE, OR 97440
PHONE: 541.687.9794
FAX: 541.687.0924
January 5,2009
Title No.: ELT-56694
PRELIMINARY TITLE REPORT
Springfield School District
525 Mill Street
Springfield, Oregon 97477
Attn: John Saraceno
Estimated Premiwn for:
PARTIAL BILLING
$200.00
TOTAL
$200.00
Dear John:
Weare prepared to issue on request and on recording of the appropriate docwnents, a policy or
policies as applied for, with coverages as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
SEE ATTACHED EXHIBIT A
Showing fee simple title as of December 26,2009, at 8:00 a.m., vested in:
LANE COUNTY SCHOOL DISTRICT NO. 19,
Springfield, Oregon (as to Parcell), and
RELIEF NURSERY, INC.,
an Oregon Public Benefit Non-Profit Corporation (as to Parcel 2)
Subject only to the exceptions shown herein and to the terms, conditions and exceptions
contained in the policy form. No liability is asswned until a full premiwn has been paid.
Date Received:
JAN- 9 2009
CONTINUED
Original Submittal
"IN OUR BUSINESS, YOU MATTER MOST"
www.evergreenlandtitle.com
ELT - 56694
Page 2
SCHEDULE B
GENERAL EXCEPTIONS
1. 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.
2. Facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or
exceptions in patents or in Acts authorizing the issuance,thereof; water rights, claims or title to
water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining
land or of existing improvements located on adjoining land onto the subject land),
encwnbrance, violation, variation, or adversecircwnstance affecting the title that would be
disclosed by an accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, materiaJ, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
CURRENT EXCEPTIONS
6. The real property taxes for the fiscal year 2008-2009 are exempted by virtue of school
ownership. The company asswnes no liability should the exempt status be lifted and taxes
levied. (Map No. 18-02-05-23-00101, Code 19-00, Account No. 1370509) (parcell)
7. Declaration of Private Easement, granted to Lane County School District No. 19, including
the terms and provisions thereof, by instrument Recorded February 13, 1996, Reception No.
96-09925, Lane County Oregon Records.
8. Public Utility Easement, including the terms and provisions thereof, between Willamalane
Park and Recreation District, and the City of Springfield, a municipal corporation, in Lane
County, by instrument Recorded February 13, 1996, Reception No. 96-09926, Lane County
Oregon Records.
9. Public Utility Easement, granted to the City of Springfield, a municipal corporation, in Lane
County, including the terms and provisions thereof, by instrument Recorded February 13, 1996,
Reception No. 96-09927, Lane County Oregon Records.
CONTINUED
Date ReceiVed:
JMJ ~ (I 2'il19
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OrigiOGiSUbmitta!
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ELT - 56694
Page 3
10. Declaration of Private Easement, granted to Lane County School District No. 19, including
the terms and provisions thereof, by instrument Recorded April I, 1996, Reception No. 96-
20816, Lane County Oregon Records.
II. Right-of-Way Easement, granted to Springfield Utility Board, including the terms and
provisions thereof, by instrument Recorded November 22, 1996, Reception No. 96-78679,
Lane County Oregon Records.
12. Declaration of Dedication, including the terms and provisions thereof, by instrument
Recorded April 10, 2007, Reception No. 2007-023540, Lane County Oregon Records.
13. Option to Repurchase, including the terms and provisions thereof, between Relief Nursery,
Inc., Optioner, and the City of Springfield, Optionee, by instrument Recorded October 5, 2007,
Reception No. 2007-069050, Lane County Oregon Records. (Affects Parcel 2)
NOTE: Taxes, Map No. 18-02-05-22-01400, Code 19-00, Account No. 0562809, 2008-2009,
$1,094.67, paid infull. (Parcel 2)
NOTE: The address of the property to be insured herein is:
NOT KNOWN. g'arcell)
850 SOUTH 42N STREET, SPRINGFIELD, OREGON 97478. (ParceI2)
850 y, SOUTH 42ND STREET, SPRINGFIELD, OREGON 97478. (parcel 2)
870 SOUTH 42ND STREET, SPRINGFIELD, OREGON 97478. (Parcel 2)
NOTE: A JUDGEMENT/LIEN/BANKRUPTCY SEARCH was done for the name(s) LANE
COUNTY SCHOOL DISTRICT NO. 19, RELIEF NURSERY, INC., and as of December 26,
2009, none were found.
NOTE: As of December 26, 2009, there are no liens for the City of Springfield.
INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE
OF RESCISSION RECORDED IN THE LAST 24 MONTHS.
Very truly yours,
EVERGREEN LAND TITLE COMPANY
HOMEOFFIC
Date Received:
JAN - 9 2009
By:
Original Submittal
J ffrey K. Walker
Advisory Title Officer
NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND
PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM
CANCELLATION FEE OF $200.00 WILL BE CHARGED.
ELT - 56694
Page I ofl
Legal Description
EXHIBIT A
PARCEL 1:
Situated in the Northwest one-quarter of Section 5, Township 18 South, Range 2 West of the
Willamette Meridian, in unincorporated area near the City of Springfield, Lane County, State of
Oregon, and described as follows:
Being all of (I) the lands described in Warranty Deed to Willamalane Park & Recreation
District Recorded July 17,1981, Reel 1147R, Reception No. 81-31092, Lane County Oregon
Records, and (2) the lands described in Warranty Deed to Willamalane Park & Recreation
District Recorded July 17, 198 I, Reel 1147R, Reception No. 81-31089, Lane County Oregon
Records.
EXCEPTING THEREFROM the Easterly 185.00 feet of aforesaid lands, said Easterly 185.00
foot portion is more particularly described as follows;
Beginning at a point on the East line of the John Magnus Donation Land Claim No. 50,
Township 18 South, Range 2 West of the Willamette Meridian, as said Point of Beginning lies
on the centerline of County Road No. 287 (South 42nd Street) and distant South 000 03' 00"
West 1669.65 feet from the Northeast corner of said Donation Land Claim; thence West 185.00
feet; thence South 000 03' 00" West 397.04 feet; thence East 185.00 feet to a point on said East
line of Donation Land Claim No. 50; and thence North 000 03' 00" East 397.04 feet returning
to the Point of Beginning, in Lane County, Oregon.
PARCEL 2:
Situated in the Northwest one-quarter of Section 5, Township 18 South, Range 2 West of the
Willamette Meridian, in unincorporated area near the City of Springfield, Lane County, State of
Oregon, and described as follows:
Being the Easterly 165.00 feet of (I) the lands conveyed in that certain Warranty Deed to
Willamalane Park & Recreation District Recorded July 17, 1981, Reel I 147R, Reception No.
81-31092, Official Records of Lane County, State of Oregon, and (2) the lands conveyed in that
certain Warranty Deed to Willamalane Park & Recreation District Recorded July 17, 1981,
Reel I 147R, Reception No. 81-31089, Official Records of Lane County, State of Oregon, the
perimeter of said lands described more particularly as follows;
Beginning at a point on the East line of the John Magnus Donation Land Claim No. 50,
Township 18 South, Range 2 West of the Willamette Meridian, as said Point of Beginning lies
on the centerline. of County Road No. 287 (South 42nd Street), and distant South 000 03' 00"
continued ...
CONTINUED
Date Received:
JAN .:. 9 2009
Original Submittal
ELT - 56694
Page 2 of I
Legal Description
PARCEL 2: continued...
West 1669.65 f~et from the Northeast corner of said Donation Land Claim; thence West 185.00
feet; thence South 000 03' 00" West 397.04 feet; thence East 185.00 feet to a point on said East
line of Donation Land Claim No. 50; and thence North 000 03' 00" East 397.04 feet returning
to the Point of Beginning, in Lane County, Oregon.
EXCEPTING THEREFROM (I) the Easterly 20;00 feet thereoflying within County Road No.
287 (South 42nd Street), and (2) all that portion dedicated to Lane County for road purposes by
that certain instrument Recorded February 29, 1968, Reel 381R, Reception No. 15788, Official
Records of Lane County, State of Oregon.
ALSO EXCEPTING THEREFROM that portion deeded to the City of Springfield for a road
dedication, as disclosed in Dedication Recorded April 10, 2007, Reception No. 2007-023540,
Lane County Oregon Records.
Date Received:
JAN .:. 9 2009
Original Submittal
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Recorded at the request of
and after recor~ing return to~
for Lands described in Exhibit A
Send Tax Statements to:
for Lands described in Exhibit B
Send Tax Statements to:
'.
,';
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Lane County School Dist #19
525 Mill St
Sprin~field OR 97477
Relief Nursery, Inc.
1120 W 25'"
Eugene OR 97405
The true consideration for this conveyance is other than monetary.
PROPERTY LINE ADJUSTMENT DEED
The parties to this transfer are (I) Lane County School District Number 19, Springfield; Oregon,
hereinafter referred to as Party I and being a Grantor/Grantee herein and (2) Relief Nursery, Inc.,
an Oregon Public Benefit Non-Profit Corporation hereinafter referred to as Party 2 and being a
Grantor/Grantee herein.
.\,.
This Deed is intended to adjust the boundary line between a parcel of real property owned by
Party I and an adjoining parcel of real property owned by Party 2. The parties are entering into
this Deed to agree on the property line separating their parcels to comply with City of Springfield
Land Use Regulations and the provisions of Oregon Revised Statutes 92.190(4).
The legal description of Party I's property prior to this adjustment is all of those lands conveyed
in that Correction Deed recorded on August 8, 2003 as Reception Number 2003-074564 in the
Lane County Oregon Official Records.
The legal description of Paity2's property prior to this adjustment is'all.ofthose lands conveyed
in that Warranty Deed~Statutory Form recorded on October 5, 2007 as Reception ~umber 2007-
069049 in the Lane County OregonO.fficial Records.
The line being adjusted herein is the entire common line between the lands owned by Party I and
the lands owned by Party 2. '
WHEREAS the Parties desire to adjust said common line and WHEREAS the Parties are
agreeable to execute a transfer of property through means of an approved Property Line
Adjustment and this Deed.
'-,.
00,.
THEREFOR, for purposes of accomplishing this Property Line Adjustment:
Party 2 hereby transfers and conveys all of its right, title and interest in and to the property
described on "Exhibit A" to Party I as said exhibit is attached hereto and made a part hereof.
And
Party 1 hereby transfers and conveys all of its right, title and interest in and to the property
described on "Exhibit'B" to Party 2 as said exhibit is attached hereto and made a part hereof.
The'description of Party I's property after this adjustment ,(s described on "Exhibit A'; attached
hereto and made a part .hereof.
The description of Party 2's property after this adjustment is described on "Exhibit B" attached
hereto and made a part hereof.
1".
Before signing or accepting this instrwnent, 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 described in this instrument in violation of applicable land use laws and regulations.
Before signing or accepting this instrument, the person acquiring fee title to the property should
check with the appropriate city or county planning department to verify approved uses, to
determine any limits on lawsuits agaihst farming or forest practices as defined in ORS 30.930
and to inquire about the rights of neig~boring property owners, if any, under ORS 197.352.
Date Received:
Property Line Adjustment Deed
Page 1 of3
JAN':' 9 2009
Original Submittal
~:-
Dated this q
dayof J)~
,2008.
Party 1
Signarure: ~&cfj
Pd,"' N,m" !.-bli '5'jJe..:i
Title: ,,-"<xJ)(Xi'6c"UY~ C-h~r
STATE OF OREGON )
County of Lane )SS
~~bw' 01. 2QQ~~;;,r~reared the above named_~
1\( as the ~I r V of the Lane County School Distrih
Nu r 19J5pringfield, Oregon and acknowledged the foregoing to be his/her voluntary act and
deed.
. OFFICIAL SEAL
THERESA JAMES
. " i NOTARY PUBUC-OREGON
, COMMISSION NO. 405466
MY COMMISSION EXPIRES APR. 27, 2010.
~.~
Notary Public for O'regon
Party 2
Signature:
l^l~
ken ~ t\ t \-\ud:.u
tRuJive_ \)\~
Printed Name:
Title:
STATE OF OREGON )
County of Lane . . )SS
On VhUW\W I() , 2008 pers~ally appeared the above named W~
~ as the ----6'XJA'L/J.,;w.... \lm'..uWY'of the Relief Nursery, Inc., an
Oregon Public Benefit Non-Profit Corp'o'ration~ ~nd acknowledged the foregoing to be the
voluntary act and deed of said corporation.
. OFFICIAL SEAL
THERESA JAMES
..-i NOTARY PUBUC-OREGON
, COMMISSION NO. 405466 ,\
MY COMMISSION EXPIRES APR. 27, 2010 j
~~.
Notary Public for-tJregon
--.
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Date Received:
JAN - 9 2009
Property Line Adjustment Deed
Page 2 of 3
Original Submittal
.) .
EXHIBIT A
LANDS OF SCHOOL DISTRICT NUMBER 19 (pARTY 1)
AFTER PROPERTY LINE ADJUSTMENT
SITUA.TED in the City of Springfield, Lane County, State of Oregon in the West 1/2 of the
Northwest 1/4 of Section 5, Township 18 South, Range 2 West of the Willamette Meridian and
described as follows:
COMMENCING at the most southerly southeast corner of those lands surveyed in County
Survey File Number 37770 filed on November 5, 2002 by Rex A Betz; THENCE along the
south line of the lands in said survey West, 250.40 feet to a point on the southerly extension of
the north-south portion of the northerly line of the lands in said survey, said point being the
TRUE 'POINT OF BEGINNING; THENCE along said southerly extension North 00003'00"
East, 357.04 feet to a point on a line lying 40.00 feet southerly, by perpendicular measurement,
from the southerly east-west portion of the northerly line of the lands in said survey; THENCE
along said parallel line East, 255.40 feet to the west margin of South 42nd Street as dedicated in
that Declaration of Dedication recorded on April I 0, 2007 as Reception Number 2007-023540 in
the Lane County Oregon Official Records; THENCE along said west margin North 00003'00"
East, 40.00 feet to said southerly east-west portion of the northerly line of the lands in said
survey; THENCE along said northerly line West, 255.40 feet to an angle point; THENCE
continuing along said northerly line North 00003'00" East, 150.00 feet to an angle point;
THENCE continuing along said northerly line West, 259.40 feet to the northwest corner of the
lands in said survey; THENCE along the westerly line of the lands in said survey South
00003'00" West, 547.04 feet to the southwest corner of the lands in said survey; THENCE along
the southerly line of the lands in said survey East, 259.40 feet, RETURNING to the TRUE
POINT OF BEGINNING.
EXHIBIT B
LANDS OF RELIEF NURSERY (pARTY 2)
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Springfield, Lane County, State of Oregon in the West 1/2 of the
Northwest 1/4 of Section 5, Township 18 South, Range 2 West of the Willamette Meridian and
described as follows:
BEGINNING at the most southerly southeast corner of those lands surveyed in County Survey
File Number 37770 filed on November 5, 2002 by Rex A Betz; THENCE along the south line of
the lands in said survey West, 250.40 feet to a point on.the southerly extension of the north-south
portion of the northerly line of the lands in said survey; THENCE along said southerly extension
North 00003'00" East, 357.04 feet to a point on a line lying 40.00 feet southerly, by.
perpendicular measurement, from the southerly east-west portion of the northerly line of the
lands in said survey; THENCE along said parallel line East, 255.40 feet to the west margin of
South 42nd Street as dedicated in that Declaration of Dedication recorded on April 10, 2007 as
Reception Number 2007-023540 in the Lane County Oregon Official Records; THENCE along
said west margin South 00003'00" West, 344.98 feet to the nO,rtherly east-west portion of the
southerly line of the lands in said survey; THENCE along said southerly line North. 89057'00"
West, 5.00 feet to an angle point; THENCE continuing along said southerly line South
00901 '53" West, 12.06 feet, RETURNING to the POINT OF BEGINNING.
Date Received:
JAN - 9 2009
Property Line Adjustment Deed
Page 3 of 3
Original SUbmittal
,.\
C)
D)
Recorded at the request of and
after recording. return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARA nON OF PRIVATE JOINT-USE ACCESS
EASEMENT
The Itrue and actual consideration for this declaration is other than monetary.
RECITALS:
1)
Lane County SCHOOL DISTRICT NUMBER 19, Springfield, Oregon, Grantor, is the
owner of the lands that are described in Exhibit 'A' of that Property Line Deed that was
recorded at Recorder's Number in
the Official Records of Lane County, State of Oregon.
RELIEF NURSERY, Inc., an Oregon Public Benefit Non-Profit Corporation, Grantee, is the
owrier of the lands that are described in Exhibit 'B' of that Property Line Deed that was
recorded at Recorder's Number in
the Official Records of Lane County, State of Oregon.
The Grantor and Grantee desire to create a joint-use access easement and define maintenance
,
responsibilities on certain areas.
2)
3)
DECLARA nON OF EASEMENTS:
A) Easement Created: SCHOOL DISTRICT NUMBER 19 hereby creates a perpetual, non-
exclusive easement for the benefit of RELIEF NURSERY over that certain area described in
Exhibit 'A' attached hereto and made a part hereof and depicted in Exhibit 'B' attached
hereto and made a part hereof for private joint-use access purposes.
Use of the Burdened Pronertv: The owners or occupiers of the lands affected by this
easement shall have the right to use their property, including the areas described as the
easement, for any purpose as long as the owners or occupiers do not umeasonably interfere
with the use of the easement as granted by this instrument. No vehicle parking or storage of
vehicles shaH be allowed by any party within the easement area, including the agents,
employees, tenants, and invitees of said owners.
Maintenance and Renairs: The cost of any maintenance or repair of the driving surface
within the easement area shall be aHocated between the owners of the lands of SCHOOL
DISTRICT NUMBER 19 and the lands of RELIEF NURSERY in accordance with the
provisions of ORS 105.170, el seq, as now in effect or as hereafter amended..
Successors in Interest:The provisions of this instrument touch and concern, and relate to the
use of the lands of SCHOOL DISTRICT NUMBER 19 and the lands of RELIEF
NURSERY, and are intended to be covenants and restrictions rwming with the land. All
provisions of this instrument, including the benefits and burdens, are binding and inure to the
heirs, successors, assigns, transferees, and personal representatives of all owners of the
aforementioned lands.
B)
Date Received:
JAN :.. 9 2009
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Original Submittal
Page 1 of 5
IN WITNESS WHEREOF, I havh,executed this DfGLARATIPN OF PRIVATE JOINT-USE
ACCESS EASEMENT on this 'I day of ~e..vn/:};::y . ;)on Y? .
GRANTOR:
Lane County School District No. 19, Springfield, Oregon
By: ~~~
Printed Name: ~W\ gi:}~ . '
Title: ~1'3:>aY~Ch:Ur
. GRANTEE:.
Relief NUC.Incu an Or('~on non-nrofit comoration
By: ^_~ (~O{
~rinted Name: I (e. V\ e l\ l \ 1:l.2d JJf
Title: LXe.LuJ;Je. ~
STATE OF OREGON )
County of Lane )SS .
~,. M'~ OJ ,.' f~8 pers9nill\x. appeared the above named nanCvr
.1 / as the ~ (~of the Lane County School District
Num 19Jspringfield, Oregon and:'acknowledged the foregoing to be hislher voluntary act and
deed. .
~C+~
. OFFICIAL SEAL
. THERESA JAMES
- ..- NOTARY PUBUC.QREGON
COMMISSION NO. 405466
MY COMMISSION EXPIRES APR. 27, 2010
Notary Public for Orlgon
1/1
Date Received:
/;';,
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Original Submittal
JAN- 9 2009
;.,-,
Page 2 of 5
STATE OF OREGON )
County of Lane )SS
Qn 1)~.tWI ~ /0 .2008 p,ersonally appeared the above named W.{AI\A..
I>l L1"r-A~ as the ~,V".tvhTv" of Relief Nursery, Inc., an Oregon non-
profit corporation and acknowledged the foregoing to be his/her voluritary act and deed.
~~
.. I.. OFFICIAL SEAL
1 .... THERESA JAMES
(. .' NOTARY PUBUC-QREGON
I ' . COMMISSION NO. 405466
MY COMMISSION EXPIRES APR. 27, 2010
Notary Public for O{igon
'<"",
. ,;'.,'
, -;~:,;:""
Date Received:
JAN - 92009
Original SUbmiiiaL__'~n~.=~
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Page 3 of 5
EXHIBIT' A'
EASEMENT LEGAL DESCRIPTION
SITUATED in the City of Springfield, Lane County, State of Oregon in the West 1/2 of the
Northwest 1/4 of Section 5, Township 18 South, Range 2 West of theWillamette Meridian and
described as follows:
COMMENCING at the most southerly southeast comer of those lands surveyed in County Survey
File Number 37770 filed on November 5, 2002 by Rex A Betz; THENCE along the south line of
the lands in said survey West, 250.40 feet to a point on the southerly extension of the north-south
portion of the northerly line of the lands in said survey; THENCE along said southerly extension
North 00003'00" East, 357.04 feet to a point on a line lying 40.00 feet southerly, by perpendicular
measurement, from the southerly east-west portion of the northerly line of the lands in said survey,
said point being the TRUE POINT OF BEGINNING; THENCE along said parallel line East,
255.40 feet to the west margin of South 42nd Street as dedicated in that Declaration of Dedication
recorded on April 10, 2007 as Reception Number 2007-023540 in the Lane County Oregon Official
Records; THENCE along said west margin North 00003'00" East, 40.00 feet to said southerly east-
west portion of the northerly line of the lands in said survey; THENCE along said northerly line
West, 255.40 feet to an angle point; THENCE along the aforesaid southerly extension South
00003'00" West, 40.00 feet RETURNING to the TRUE POINT OF BEGINNING.
Date Received:
JAN :.. 9 2009
Original Submittal
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Page 4 of5
EXHIBIT 'B'
EASEMENT MAP
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Date Received:
JAN - 9 2009
Original Submitt,ol
DECLARATION OF PRIVATE JOINT -USE EASEMENT
Page 5 of 5
."
~~- ,.~
..:.,.
DECLARATION OF DEDICATION
Tax Map & Lot Numbers
18-02-05-22-01400
(on the date of execution)
KNOW AlL BY THESE PRESENTS, that the City of Springfield, a municipal corporation, in Lane County,
Oregon, acting by and through its City Manager authorized by its City Council, does hereby forever
dedicate the following described parcel of land to the public as a PUBLIC ROAD:
SEE EXHIBIT ~A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
NOW THEREFORE, the City of Springfield declares that the above described parcel shall be dedicated to
the public by the City of Springfield as a PUBLIC ROAD.
APPROVED this 7"-, day of ~ ,2007 by the City Manager of
the City of Springfield being duly authorized by the City Council to represent the City of Springfield in the
above matter.
1/&
GINo' GRIMAlDl-GITY MANAGER
\
STATE OF OREGON
COUNTY OF LANE
} S8
BE IT REMEMBERED that on this 111: day of U ~ , 2007 before me, the
undersigned, a notary public in and for said County and Siale, personally appeared the within named
Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence end who by me duly
sworn, did say that he is the City Manager of the within named municipal corporation and does
acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal
affixed to said Instrument is the Corporate seal of said municipal corporation, and that said instrument
was signed and sealed in behalf of said municipal corporation. by authority of its City Council
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
last above written.
. -- --- ..""., . --.----.,~.._.~..l.
OFFICIAL: SEAL
AMY L SOWA
, NOTARY PUBLIC. OREGON
" ,..-' COMMISSION NO. 397942
l."..,.,...m~"~,~...
N~B~~~
it:3-;) , ,;)Of) q
MY COMMISSION EXPIRES
,.-,-
-',
Division of Chief Deputy Clerk
Lane County 'Deeds and Recorda
2007.023~40
Date Received:
JAN:" 9 2009
11111111111111111111111111111111111111 $31.00
J0897~u20070u2~5.uU020b&a
04/10/2007 10:00:23 An
RPR-DECL Cnt=J Stn=JS CASHIER 04
$10.00 $10,00 $11.00
Original Submittal
RETURN TO: CITY OF SPRINGFIElO. PUBLIC WORKS DEPT.. 225 FIFTH STREET. SPRINGFIELD, OREGON 97477
SENO TAX STATEMENT TO: CITY OF SPRINGFIElO - FINANCE DEPT. - 225 FIFTH STREET - SPRINGFIELD. OREGON 97477
V'VefTIlkt;I;U-31.iun.I(Ocdic:uioildoc
REVISeD J;ulU1lf)'.~OO)
,
~-
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"
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land lying in the West one-half of the Northwest one-quarter (W y, NW \4) of
Section 5, Township 18 South, Range 2 West of the Willamette Meridian, Lane County,
Oregon, and being a portion of that tract of land conveyed to CITY OF SPRINGFIELD, a
Municipal Corporation of the State of Oregon, by that certain deed recorded March /4, 2003,
Recorder's Reception Number 2003-022340, LANE COUNTY OREGON DEED RECORDS,
included in a strip of land 35 feet in width lying on the westerly side of the centerline of South
42"" Street, as surveyed by Lane County in 2005; the centerline being described as follows:
Beginning at Engineers' Centerline Station L 10+00,00 POT, said station being 2,686.16 feet
North and 86.95 feet East of the Brass Cap marking the Southwest Comer of the A. Arthur
Donation Land Claim Number 63 in Section 5, Township 18 South, Range 2 West of the.
Willamette Meridian, Lane County, Oregon; run thence North 1042' 16" East, 1700.00 feet to
Engineers' Centerline Station L 27+00.00 POT and there ending, all in Lane County, Oregon.
The westerly line of the above described strip of land crosses GRANTOR'S southerly and northerly property
lines opposite approximate Engineers' Centerline Stations L 15+58 POT and L.19+42 POT, respectively.
The parcel of land to which this description applies contains 5775 square feet, more or less.
The bearings used herein are based on a bearing of South 00 44' 12.' East between L.C.C.M. 1226 and
L.C.C.M. 18-02-50 ELL. said bearing based on the Oregon Coordinate System, (NAD 83/91), South Zone.
Date Received:
Page 1 of I LEGAL DESCRIPTION
Ll377-03BS South 42'" Street - rr/jes - 10/16/2006
18-02-05-22 1400
JAN- 9 2009
Original Submittal
NARRATIVE
PROPERTY LINE ADJUSTMENT
FOR
RELIEF NURSERY, INC.
The property line to be adjusted is between Tax Lot 1400, Tax Map 18-02-05-22 and Tax
Lot 101, Tax Map 18-02-05-23. Both properties are zoned CC Community Commercial.
Tax Lot 1400 is currently vacant and Tax Lot 101 is owned by the Springfield School
District and is part ofthe by Mt. Vernon Elementary School campus.
The purpose for this property line adjustment is to allow additional area for future
improvements on Tax Lot 1400, including a 14,500 square foot facility and parking lot,
benefitting the Relief Nursery. The proposal is to adjust the west property line of Tax
Lot 1400 lOS-feet west and the north property line 4D-feet south. The School District
will grant to the Relief Nursery' a perpetual, non-exclusive easement for access and
utilities for the Relief Nursery property.
All necessary utilities such as water, sanitary sewer, power, and stormwater are
available to the properties.
,
Date Received:
JAN ;.. 9"2009
Original Submittal_ .
CITY OF SPRINGFIELD
VICINITY MAP
SUB2009-00004
870 S 420d St/Vacant Lot
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Date Received:
JAN - 9 2009
Original Submltta'