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HomeMy WebLinkAboutDeed APPLICANT 1/9/2009 -."""'t'<".. '01 'il ~; I J:! il! m CITY OF SPRINGFIELD 2255T11 STREET SPRINGFIELD, OR ~4T7 c......'s N_ __ Addnss RELIEF NURSERY INC InG W. 25'111 EUGENE, OR 97405 ...J~ 1lmlI1l?...... EYERGRilN LAND TITLE CO. P.O. BOX '31 S~N.(;[1l':I.D. OR 974T7 tIltil BalI.~" w;..___...._ ....totllef~addna. SAME AS GRANTEE /Divi.ion 0' 0,1.' G.put.y Clerk L-. Counly Doedo .nd R__ 2007_f" $31.00 DJ).lll~I,IIJ~I,~II"'~~1 _-DEEIl Cnlo1 Sl_ aJ3'~~7 10:22:44 M SIO.OO Sll.00 S10.00 TITLE NO. ELT-9415 ESCROW NO_ Sf'O'M1141 TAXACCT.NQ. O~ MAP NO. IIGGS-1J:"'_ WARRANTY DEED. STA1lJTORY FORM (INDIVIDUAL OR CORPORATION) KNOW ioU MEN BY mESIi PRliSliNTS, TItot CITY OF SPRINGFIELD, A MUNICIPAL CORPORATION OF 'J1II:STATEOFOREGON IttrftNVtuadJH~nuuor, JOt'tltrCfM,.:", "" . ~.; 'I"" SflJIN. tOf"lldOt'poid'" RELIEF NURSERY,INC., AN OREGON PUBLIC ..L,,~,.. NON-PROm CORPORATION IUm".jl~TtflJl<<IlrtUU'" d<<s lure"'""", lNupitt. stY ud tOlf'" rtlftothsaitl gnurJu 41td lnurJu's IItin. srtcttuon GJCd .nit'"' IIuJt trn.i" INI Pf'lJIHI1y, witlt lit, ""~IM,"J, kmlitturwlftS tmd "plln'Mlltt"Ir~rr.nlO "lolltin, or ~rtGilWtl. sUlUlttd in 1M Co."" of LANB 41td Slou olOrrplt. d~seriW as follows, Io-wil: SEE EXHIBIT A WIlICHIS MADE A PART HEREOF BY mls REFERENCE To H.N tutti 10 Hold 1M ..., II.nlo 1M 1414 f"UUu IUfd ,rattlu',luin. '''CttUDn tutti assirIU fore'Hr. And said gfDlllol'lure'" to",lI4III.I 10 and witA said It'DIfltt GJUl ,nuttft'S Inin, sucaJ1QrJ tmd GSSi'IU, IIuIl f"U'lor is 'ufullJ sW.td UI fit JiMp/o of tho abo.. ".,.,d pn....., fm froM allo"",,,u,,,,,,,,. Extqt lOO1-200ll1UaJ /'ropttfJ lans. .Ik. 1101 Jd dIU or pdJtlbh. SIIbjea 10'" I2IId all NSlnwtll.J, ..",:..:, .' tutd CO'HlI4ItIs oj ,"on! tutd duJt ,ranto, wiU wonant od lorr"r dt/rrull"e I4id pmnu,s alld ,,,,, ptut .lId ptU'ttl l/r,rro/ apinJt 1M lawful clailru IUId dtllf4lllh 01 GlI prno'lJ ...lttNfl.S<<"". UUpllMM claUrU", fUlder lit, aboH drscribed'lItlUllbl'fUKts. TIlt ".,.rrd aetg cOIfsideratioll paid lor IIW 11'G1I~tr, Jt4IH ill ImlU oj dollan, is S Z48.~,OO. .HowPrr, 1M aet"'" ctHtJidtIfllioll co1UiJts 01 or illduMJ otlt,r proptltJ or ""lur ~"'II or ptOllfbfd ",,/ric/r is (tlt, wlcohlptUt 01 tluJ cOltSiMrotioft (indicat, wllk/r).. (Dr stllltllCt b<<wt" lit, "..boIs., if #lOt ttpp&able JIuHdd bt dd..<d. Stt ORS 93./)]0.) III cOIISI,."i", tlW dted 41UIwMrt 1M COIftUt so ,.,q.m.l, rAt _,rdor incltulrs tit, plaraJ 41UI all ,nurtIItDIica1 cll4ntl.l sJuJlJ br illtpliH 10 IIWIU tltt prorisiOIU "'rtOl.""" 'quail] to . "j' . ' :~o btdiridlUlls. ~ . III WllntIJ Wlttt'toj. lit, ,nurJor Iuu UtCIdH tlW uut11l1M1ft IlUs da, 01 tr. . lO..!J..; if. ." I." ." .I'OlIIor, it Iuu CtulxG itsllGlfM' to H Jitaed alfll tI/flxwl", itsoffle~n. d all.l oriud MtmO ., ord" of iu hard 01 dUreton. BDURK S1GNI~ OR ACCEMING THIS INSTRVNENT. TIIB ~RSON TIlAl\'SI"EIUtIl'<<: fEE TITl..E SHOUUJ INQUIRE A.8OVT THE PERSON'S RlGKTS,.IF ANY, UNDERCHAI'I'ER I, ORFt"'.oN LAWS 2005 (BAUOTMKAWRE31 (1004)). THISfSSTRUMI!Nf OOESNOT AUOW USE OFTHE.,,:...' :,'. . ~ol'~ '.".:... INTHlS I:\"STRlNENT IN VlOLATIO:\" OF Am.JCABlE L..\..'"D USE LAWS ANDItEGULATIONS. BEtUKE S1GNIXG OR ACCEPTING THIS r.oSTRUMENT. THF. PERSON ACQUIRING fEE TITI..E TO THE :. ,..., :. '..," SHOULD CHF.CK wrY" THE APPIlot'lllATECITY OR COUNTY I"l..ANJIl1NG DD'ARTMENTTO VEklfY A:: '...' .lo~ USES,TO_c:._.lo.i~ _..,~ A.lIroyUMrrsON LAWSUITS AGAINST 'ARMllliG 011. fOltEST I'RACTICES AS IJIatlp.,:EO IN ORSJO.'3C1 AND INQUIRE AIlOUf THE RIGHTS OFNI!JGHBORlNG PROPERTY :=ifjJ~'~:~:~.:~_~U=MF::~~~N GINOGRlMALDt ~ =S~~~~ Mf COMMISSION EXPlAES MAY 29. 2008 STATE or OREGON, COUNTY or '_1'\ 11 n ... THIS INSTRUMENT WAS ACXNOWLF.DGm BEFORE ME ON MANAGER, or CTTY or Sf'II.INGflEl.D ~-ce ~ M,. "....,......tor /(\ 1'4 ,lOtLq.. BY GINOGIUMA.l.Dl, AS CITY a_, :"\ L'l':-H){ Date Received: JAN - 9 2009 Original Submittal ..-. '<Jii)oo , 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 Easterly 165.00 feet of (I) the lands conveyed in that certain Warranty Deed 10 Willamalane Park & Recreation District Recorded July 17, 1981, Ree11147R, Reception No. 81-31092, Official Records of Lane County, State of Oregon, and (2) the lands conveyed in Ihat certain Warranty Deed to WilIamalane Park & Recreation District Recorded July 17, 1981, Reel1147R, Reception No. 81.31089, Official Records of Lane Counly, 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 POiDt of Beginning lies on the centerline of County Road No. 287 (South 420<1 Street), and distant South 00. 03' 00" West 1669.65 feet from the Northeast comer of said Donation Land Claim; thence West 185.00 feet; thence South 00. 03' 00" West 397.04 feet; thence East 185.00 feet to a point on said Easl line of Donation Land Claim No. 50; and thence North 00. 03' 00" East 397.04 feet returning to the Point of Beginning. EXCEPTING lliEREFROM (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. Date Received: JAN - 9 2009 Original S'lbmittflL_ ---- I !- ~ . .. .~ ..... .~ _.<t!" ~. , Division 0' Chi.' Dopu\y Clerk La... Coun\y o..cIs and Records '\ ~.Q7~ -1J11~~m.I'~JIJIU~~'!\!~ 10:56:': RPR-DEED Cn\=1 S\n=l!l CASHIER 02 $1!l.DO $11.00 $10.00 Until a change is ._,._~._.I, send all tax sta.._._~ 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 CORRECflON DEED (Statutory Form) RECORDED TO CORRECT BARGAIN AND SALE DEEDS PREVIOSULY RECORDED AS FEE NUMBER 200~13694 AND FEE NUMBER 200~22341. The original deed recorded, as 2003-013694, .v..;..:'.ed an error in the legal d....,~;t'.:on. The deed was subsequently re .v...Jed, as fee number 2003-022341, in an effort to correct the legal des..:,.::.._ error. The re .v__.:&'': legal description also contained an error. 1be w....; legal description for this deed IS attached as Exhibit A. The Grantor is WlLLAMALANEPARK AND RECREATION uu>.AlCf. 1be Grantee is LANE COUNlY SCHOOL DISTRICf NO. 19, SPRINGFIELD, OREGON. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE&..A&UL~ IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS... ........JMENT, THE PERSON ACQUlRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO" "'..... i APPROVED USES AND TO DETERMINE ANY LIMlTS ON LAWSUITS AGAINST FARMING OR FOREST PRAcnCES AS DEFINED IN ORS 30.930. DATEDthis~d.,yof J:1lL- .2003. .....\~ "0 n. _,~ Helen Wagner, Presidenl WiIlamalane Park & Recreation District ~,;:~~~-- Willamalane Park & Recreation District Date Received: [Notary page attached] J.~.~; - S !~tI:;J Correctioo Deed - Pa.e I of2 Original Submittal (doc;.6691l21 --,-.--- I :;- ~ -I ~ _ .. \ " . .. f; ./ f STATE OF OREGON ) ) ss. CountrofLane ) The L "C" :,..g iDstrurnent was acknowledged before me this M day of Helen Wagner, President ofWillama1ane Parle & Recreation District. . 2003 by STATEOFOREGON ) ) ss. Countr of Lane ) The foregoing instrument was acknowledged before me this ~ day of ~~ / Robert W. Keefer, S__'_;"'J' ofWillama1ane Parle & RecQ~t. ri-.... .11>1. ~.J , otary he ForOreg "h"~~U '''1 . OFFICIAL SEAL PATRICIA'" LEWIS . / NOTARY PUBLIC-OREGON COMMISSION NO, 341414 If( 91'MMISSION EXPIRES MARyH 17,2005 ~ . ....__ f...____---- ._____:: . 2003 by ~~ I~'.~I'; ~ ",'., 1_" 'O'FFICIAi..'SEAL'" " . '., 'O. ... PATRICIA IIlEWIS 1 ~ ./ NOTARYPUBlIC-OREGON 1.....Cl'lIl COMMISSION NO. 341414 ~j~1~:.~ Pursuant to OIlS 93.808, I, Stephen M'; Barrett, Assistant SUperinteOOentt consent to this conveyance on J:eha]f. of Lane County scmo1 District No. 19." STATE CF u=uu~) " '~J. .-,kYn Ba.w4L " )55. St'~., ~~l, AsSJ.s~t SUpen.nterrlent County of Lane) of Lane CoImty scmo1 District 1<<>. 19 'lbe ':~L~..~in:J i:nstrurrent was ackrXJw1edged before rre this ~ day of () NI1W.-IAi- ,2JJ03 2003, by Stephen M. Barrett, Assistant SUperintendent of lane CoImty ~-_. District No. 19. ' ~wlu4'/)(l~J Date ,Received: rorAir:l PUBLIC for Oregon JAN - 9 2009 ~' ':"':',,":'-.:-::.~... .. ." OffICIAL SEAl A, Cl'W11l1A V WUSLE . IOTMY PllBLJC.ORf6OIi tit., ~NO.32922Il ,"" --:.-:-"::-III-=-."..">-~:1L~ Original Submittal Correction Deed - P..e 2 of 2 (doc.66982) '\. ~.,. -t. ... ~ ~ . ;. .- Exblbit A PARCEL 1 TAX MAP 1~1~S-13 TAX LOT 101 AFl'ERADJUSTMENT SITUATED in the Northwest one quarter of Section 5, Township 18 South, Range 2 West, of the WiIlarnette Meridian in unincorporated area near the City of Springfield, Lane County, State of Oregon and described as follows: BEING a1! of (I) the lands de;,cribed in th'lt certain Warranty Deed It) WII. LAMALANE PARK & RECREATION DISTRICf recorded July 17, 1981 iD Reel 1I47R at Receptioo No. 8131092 in the Official Records of Lane County, State of Oregon and (2) the lands described in that certain Warranty Deed to wn.LAMALANE PARK & RECREA nON DISTRICf recorded July 17, 1981 in Ree11l47R at Reception No. 8131089 in the Official Records of Lane County, State of Oregon. EXCEPTING uu!.IU!.FROM the easterly 185.00 feet of aforesaid lands. Said easterly 185.00 fool portion is more particularly described as follows: BEuu '''u.G at a point on the East line of the John Magous 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 42'"' Streel) and distant South 00" 03' 00" West 1669.65 feet from the Northeast comer of said Donation Land Claim; TIffiNCE WEST 185.00; Thr.",,-r. SOlITH 00. 03' O~" WEST 397.04 FEET. TIffiNCE EAST 185.00 FEET to a poinl on said East line o/Donation Land Claim No. 50; AND TIffiNCE NORTIl 00" 03' 00" EAST 397.04 FEET RElURNING to the POINT OF BEGINNING. Date Received: JAN - 9 2009 Original Submittal 3 <" " ,..1. f< r.. Recorded al the request of and after recording 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 Springfield OR 97477 Relief Nursery, Inc. 1720 W 25"' Eugene OR 97405 .t: 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 1 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 aU 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 l'arty 2~s property prior to this adjustment is all of those lands conveyed in that Warranty Deed-Statutory Form recorded on October 5, 2007 as Reception Number 2007- 069049 in the Lane County Oregon O.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. ;':: THEREFOR, for purposes of accomplishing this Property Line Adjustment: ,'. Party 2 hereby transfers and conveys aU of its right, title and interest in and to the property described on "Exhibit AU to Party I as said exhibit is attached hereto and made a part hereof. Aild Party 1 hereby transfers and conveys aU 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 1 's property after this adjustment is 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. ". Before signing or accepting this instrument, the person transferring fee title should inquire about the person's rights, if any, under ORS 197.352. This instrument does not aUow 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 plarui.ing department to verifY approved uses, to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930 and to inquire about the rights of neig4boring 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 dayofJ)~ . _ 2008. Party 1 Signature: ~~cfj ::::CdN~' '-~~~ ~~, STATE OF OREGON ) County of Lane )SS ~~(\i.v iii. 2QQ' i::~~P=Cd """",, ~m,d ~ / as the ~I rn V of the Lane County School Distrih Nu r 19 Springfield, Oregon and acknowledged the foregoing to be his/her voluntary act and deed. ' 8", ~ OFFICIAL SEAL THERESA JAMES NOTARY PUBUC-OREGON COMMISSION NO. 405466 MY COMMISSION EXPIRES APR. 27, 2010 " '.. - ~~ Notary Public for LJregon Party 2 Signature: L~ ~ltJ\~ \re,n ~ A l \'-\ud:'if ~;t:twJive... \)i~ Printed Name: Title: STATE OF OREGON ) County of Lane )SS O~ J?.h~W, I() . 2008 pers~,a alluyy avpeared the above named W~ ~ as the ~'{!A' Llh,\J.l... IJt!1'.-VWYof the Relief Nursery, Inc., an Oregon Public Benefit Non-Profit Corppration; and acknowledged the foregoing to be the voluntary act and deed of said corporation. '. ~ . ,,' " THERESA JAMES i , " NOTARY PUBUC-OREGON i . COMMISSION NO. 405466 t MY COMMISSION EXPIRES APR. 27, 2010 J OFFICIAL SEAL ~~ 1\1 otary Public for'Oregon -~ .. ,;';; 1'" .' ". . . .-C~i r...~,t}~'.~:S~.:; ..... _.~-----. Date Received: JAN ... 9 2009 Property Line Adjustment Deed Page 2 of 3 Original Submittal i; .,~-- . EXHIBIT A LANDS OF SCHOOL DISTRICT NUMBER 19 (pARTY 1) 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: 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 1 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 Couilty 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 northerly east-west portion of the southerly line of the lands in said survey; THENCE along said southerly line North 89057'00" \Vest, 5.00 feet to an angle point; THENCE continuing along said southerly line South 00001 '53" West, 12.06 feet, RETURNING to the POINT OF BEGINNING. Date Received: JAN - 9 2009 Property Line Adjustment Deed Page 3 of3 Original Submiltaj