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HomeMy WebLinkAboutApplication APPLICANT 5/29/2009 :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision Wi:~ '. . Applicant Name: Icompanv: [Address: 2587 N. 19th Street, Springfield , IAPPlicant's Rep.: Jim McLaughlin Icompany: IAddress: 2428 Ranch Dr., Springfield 97477 , I Property Owner: Dean Helfrich Icompanv: [Address: 2587 N. 19th Street, Springfield , Phone: (541) 729-4886 Fax: Phone: Fax: ASSESSOR'S MAP NO: 17-03-24 ITAX LOT NOeS): 500 Propertv Address: 2833 .20th Street, Springfield ISize of Propertv: 47775 [proposed Name of Subdivision: , Acres D Sauare Feet 00 I D~scription of If you are filling in this form by hand, please attach your proposal description to this application. Proposal:' '. IExistinq Use: [ Tentative Case #: 1# of Lots/Parcels: lAva. Lot/Parcel Size: sf IDensitv: . du/acre Si natures: Please si rint our name and date in the a ro riate box on the next _. . . a Associated Aoolications: Pre-Sub Case No.:f":C.'~- OCbi\ Icase No.: ?J1Af!J2.C5lff- 07)1)/3 IAoolication Fee: $ 2&77. (JQ ITOTAL FEES: $ 2-810.<20 Date: Reviewed by: Revised 1/1/08 Molly Markarian Date: 5 /2.C1/ 04 Reviewed by: ~ ITechnical Fee: $ 1S3.<;SS IPostaae Fee: $0 Oat, ~~yq,;UMBER: rRj"2~\il- ~Lt MAY 2 9 2009 1 of 6 Original Submittal Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the informatiol) in this application is correct and .accurate for scheduling of the Pre- Submittal Meeting. Owner: u~~'- \-A~\ \}Jv1;~ Signature o e 'd,/",,- V\ c \ R'{': c.A"" Date: c; r-:- 0vq~() q Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: ~--"'-""""") 'Signatur€' . GA'f L-E Print \/f"'JA--'~A) ?J HE LF R / c /-1 Date: 5'-.;:2.. 7- '7 . Oate Received: MAY2 9 2009 ,Original Submittal Revised 1/1/08 Molly Markarian 2 of 6 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SUB2009-00013 SUB2009-000 13 Payments: Type of Payment CreditCard cReceintl RECEIPT #: Descrjp~ion UGB Pan it ion Plat + 5% Technology Fee Paid By GA YLE D. HELFRICH 8..~."AlN~r:UlLO..ftl"... .. .... ' AA - . -':11t .' Ci f Springfield Official Receipt Development Services Department Public Works Department 2200900000000000578 II :58:47 AM Date: OS/29/2009 Item Total: Check Number Authorization Received By Batch Number Number How Received Amount Due 2,677.00 133.85 . $2,81 0.85 Amount Paid ddk 042762 In Person Payment Total: $2,810.85 $2,810.85 Oate Received: MAY 2 9 2009 Original Submittal Page 1 of I 5/29/2009 - - - ~II /.... ---------r- r -I J -'-~M'DEN.BR' :JGE.R~ ':\1 . I '1' I II I I I I i H btdl~ CITY OF SPRINGFIELD VICINITY MAP SUB2009-00013 2833 20tb Street - - - '" - SITE Map 17-03-24-00 Tax Lot 500 North + Date Received: MAY 2 9 2009 Original Submittal I'" 'I. to III f., ~ ~~~ -V- First American First American Title Insurance Company of Oregon 600 Country Club Road Eugene, OR 97401 Ph" - (S41)484-2900 Fax - (S41)484-7321 FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT: Robert Gordon, Title Officer Phone: (541)484-2900 - Fax: (541)484-7321 - Email: rmgordon@firstam.com Jim McLaughlin 2428 Ranch Drive Springfield 97477 Order No.: 7199-1219839 May 13, 2009 Attn: Phone No.: (541)729-4886 - Fax No.: Email: Re: . Supplemental Preliminary Title Report ALTA Owners Standard Coverage Uability $ Premium $ AL TA Owners Extended Coverage Liability $ Premium $ AL TA Lenders Standard Coverage Liability $ Premium $ AL TA Lenders Extended Coverage Liability $ Premium $ Endorsement Premium $ Govt Service Charge Cost $ Other 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: The land referred to in this report is described in Exhibit A attached hereto. and as of May 07,20'09 at 8:00 a.m., titie vested in: Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Uving Trust Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the followi ng: 1. The assessment roll indicated a 2002 postponed farm tax. If the herein described property is changed or modified to the extent that it can no longer be farmed, an additional tax of $1,403.03 will become due and payable. (Account No. 1517703) Oate Received: This report is for the exdusive 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 paid. . . . Original Submittal MAY 2 9 2009 Preliminary Report Order No,: 7199-1219839 Page2of6 . 2. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the 'mean high water mark of McKenzie River and the ownership of the State of Oregon in that portion lying below the high water mark of McKenzie River. 3. Any adverse claim based upon the assertion that some portion of said land has been removed from or brought within the boundaries ,thereof by an avulsive movement of the McKenzie River or has been formed by the process of accretion or reliction or has been created by artificial means or has accreted to such portion so created. 4. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. . S. Easement, including terms and provisions contained therein: Recording Information: September 01, 1933 in Book 178, Page 158, Deed'Records of Lane County, Oregon In Favor of: City of Eugene, by and through the Eugene Water Board For: right of way Disclaimer of Interest, executed by the City of Springfieid, through the Springfield Utility Board, recorded March 12, 2009, Reception No. 2009-012550. 6. Boundary Line Agreement, including the terms and provisions thereof, executed by Signe F. Andersen, and Baxter Fisher and Ann Fisher, recorded July 27, 1956, Reception No. 90919, Deed Records of Lane County, Oregon. (East Line) - 7. Easement,. including terms and provisions contained therein: Recording Information: December 26, 1973, Reception No. 73,57222, Official Records of Lane County, Oregon In Favor of: City of Eugene, for the use and benefit of the Eugene Water & Electric Board For: right of way Disclaimer of Interest, executed by the City of Springfield, through the Springfield Utility Board, recorded March 12, 2009, Reception No. 2009-012550. 8. Easement, including terms and provisions contained therein: Recording Information: ' June 11, 1975, Reception No. 75-22936,Official Records of Lane County, Oregon In Favor of: City of Eugene, for the use and benefit of the Eugene Water & Electric Board For: right of way 'Disclaimer of Interest, executed by the City of S'pringfield, through the Springfield Utility Board, recorded March 12, 2009, Reception No. 2009-012550. 9. Easement, including terms and 'provisions contained therein: Recording Information: February 19, 2009, Reception No. 2009-006396 In Favor of: Springfield Utility Board For: right of way - END OF EXCEPTIONS - Date Received: M~Y 2 9 2009 first American Tltle ""';qinal submittal Preliminary Report Order No.: 7199-1219839 Page 3 of 6 NOTE: Taxes for the year 2008-2009 PAID IN FULL Tax Amount: $437.47 Map No.: 1703240000500 Property ID: 0197317 Tax Code No.: 01904 NOTE: Taxes for the year 2008-2009 PAID IN FULL' Tax Amount: $164.56 Map No.: 1703240000500 Property ID: 1517703 Tax Code No.: 01901 Situs Address as disclosed on Lane County Tax Roll: I' OR THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc: cc: Helfrich Family Revocable Trust Oate Received: MAY 2 9 2009 Original Submittal First American Title Preliminary Report Order No.: 7199-1219839 Page 4 of 6 -+-~' ,." F. ~ I c' ~""~ ~ First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (06/17/06) The following matters are expressly excluded from the coverage of this policy, and the Company wilt not pay toss 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 0) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected 00 the Land; (iii) the subdivision of land; or (iv) environmental protection; , or the 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 power. This Exclusion1(b) does not mcdify or limit the coverage provided under Covered Risk 6. 2. Rights of emine'nt domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 rec:Ofded in the Public Records 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 u'nder 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 mooify or limit the coverage provided under Covered Risk 11, 13, or 14); ~ ' (e) resulting in loss or damage that WQuld not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability 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 unenforceabiiity 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 fraudulent 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 or 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 ll(b). 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 toss 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 the effect of any violatiOfl 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 power. This Exclusion l(b) does not maJ,ify or limit the CDverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbranCes, adVerse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Kriown to the Company, not recorded in the Public,Records 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; (e) 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 fraudulent conveyance Of fraudulent transfer; or (b) a preferential transfer for any reasoo not stated in Covered Risk 9 of this policy. 5. Any lien on the TItle for real estate taxes or assessments imposed by governmental authority 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 Schedule A. SCHEDULE OF STANDARD 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 show-n 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 thereofi 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), encumbrance, violation, variation, or adVerse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien" Of right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shewn by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WIll BE FURNISHED UPON REQUEST TI 149 Rev. 7-22-0B Date Received: A'rst American TItle MAY 2 9 2009 '1riginal SubmittaL Preliminary Report Order No.: 7199-1219839 Page 5 of 6 Exhibit "A" Real property in the. County of Lane, State of Oregon, described as follows: PARCEL 1: BEGINNING AT A POINT ON THE NORTHERLY PROJEmON OF THE WEST UNE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WESTOF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJEmON OF THE SAID WEST LINE AND THE WEST , UNE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335,00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK, NORTH 890 53' .wEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER, 331.40 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER OF THE SECOND ADDITION TO PHYLLIS PARK; THENCE NORTH 890 53' WEST 116.39 FEET; THENCE SOUTH 650 16' 27" WEST 61.37 FEET; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON. . SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: A PARCEL OF LAND IN SEmON 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDITION OF PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, OREGON PLAT RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D. FISHER AS RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO. 3122, DEED RECORDS OF LANE COUNTY. OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE SOUTH 890 53' EAST 154.36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53' WEST 10.0 FEET; THENCE SOUTH 0007' WEST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY; OREGON. ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:' Date Received: MAY 2 9 2009 Original Submittal First American Title Preliminary Rep~rt Order No. 7199-1219839 Page 6 of 6 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK' 52, PAGE 26, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTioN OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND,ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLiS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' ,05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT 80UNDARY NORTH 00 07' EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BEGINNING; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET; THENCE WEST 328.9 FEET; THENCE NORTH 641.96 FEET, MORE 'OR LESS, TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON. ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY , INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO. 77-05380, OFFICIAL RECORDS OF LANE COUNTY, OREGON. PARCEL 2: ' BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDITION TO PHYLLiS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDITION TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174.62 FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON. Tax Parcel Number: 0197317 and 1517703 Oate Received: MAY 2 9 2009 Original Submittal Rfst American ll!1e ''('"'. ," ~<J~ -' I" 1\"'" ~ " ~Mi"06~o6o ' II"" 1111 I 11111111 1111111111"11111111111111 $4!. 00 10941242200700 ;2565014 j 14 , 09/0612007 03: 29: 04 PM RPR-DEED Cntcl Stn=1 CASHIER 05 $20.00 $11.00 $10.00 After Recording Return To First American Title PO Box 10146 Eugene, OR 97440 (' Division of Chief Deputy Clerk Lene County Deeds end Records &;: "MlIi Il, ~'~ - T1 After recording return to: Helfrich Family Revocable Living Trust 2587 North 19th Street Springfield, OR 97477 Until a mange IS reQuested all tax ~.....~.;;" ,.:,;".:5 shall be sent to the following address: Helfrich Family Revocable Living Trust 2587 North 19th Street Springfield, OR 97477 File No.: 7191-1094379 (kas) Date: September 04, 2007 STATUTORY WARRANTY DEED Janet Lowell Michlanski, who acquired title as Janet McBee, Grantor, conveys and warrants to , . Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Living Trust, Grantee, the following described real property free,of liens and encumbrances, except as specifically set forth herein: See legal Description attached hereto as Exhibit A and by this reference incorporated herein. Subject to: 1. The 2007/2008 Taxes, a lien not yet payable. 2. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the publfc record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $600,000.00. (Here comply with requirements of ORS 93.030) Oate Received: MAY ? 9 2009 Page 1 of 4 Original Subrnittai_.___... . ..;..,. , ~ APN:0197317 Statutory Warranty Deed ~ continued File No.: 7191-1094379 (kas) . Dale: 09/04/2007 BEFORE SIGNING OR ACCEPTING ll-IIS INSTRUMENT, ll-IE PERSON TRANSFERRING FEE TITlE SHOULD INQUIRE ABOUT ll-IE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. ll-IIS INSTRUMENT DOES NOT ALLOW USE OF ll-IE PROPER1Y DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING ll-IIS INSTRUMENT, ll-IE PERSON ACQUIRING FEE TITlE TO ll-IE PROPER1Y SHOULD CHECK WITH ll-IE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DffiRMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTlCES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT ll-IE RIGHTS OF NEIGHBORING PROPER1Y OWNERS, IF ANY, UNDER ORS 197.352. .n4;rz-(;J. ~ /77/~ Janet Lawell Michlanski . : I STATE OF Oregon ) )ss. . County of Lane ) by Janet Lowell Mlchlanskl. · --------------.~i ~/'lA 0- O~~C~~\~i:L I ~ / " i NOTARY PUBLIC OREGON I . ~ ~ ,.,' COMMISSION NO. 398849 I Notary A bile for 0 on ...,M~~~~~~Cl..N:~,,!=~ ~~ :~2~D~l My co;Jmissio Plres/a'U, 09, . 20!!1 Date Received: MAY 2 9 2009 Page 20r '" Original Submittal ........ ~ APN:0197317 Statutory Warranty Deed - cOntinued Fire No.: 7191-1094379 (kas) Dale: 09(04(2007 EXHIBIT A LEGAL DESCRIPTION: PARCEL 1: BEGINNING AT A POINT ON THE NORTHERLY PROJECT10N OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNlY, OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEEr SOUTH 810 47' 15" WEST AND 959.01 FEEr SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECT10N OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 4S, PAGE 9, LANE COUNlY OREGON PLAT RECORDS, 335.00 FEEr TO THE INnlAL POINT OF FIRST ADDmON TO PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 54; PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLUS PARK, NORTH 890 53' WEST 110.45 FEEr; THENCE NORTH 81009' OS" WEST 60.70 FEEr; THENCE NORTH 890 53' WEST 156 FEEr; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEEr FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER, 331.40 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER OF THE SECOND ADDmON TO PHYLUS PARK; THENCE.NORTH 890 53' WEST 116.39 FEEr; THENCE SOUTH 650 16' 27" WEST 61.37 FEEr; THENCE NORTH 890 S3' WEST 154.36 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON. SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: A PARCEL OF LAND IN SECT10N 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUNlY, OREGON, BEGINNING AT A 5/B INCH IRON ROD MARKING THE NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDmON OF PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNlY, OREGON PLAT RECORDS, SAID POINT 8EING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D. FISHER As RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO. 3122, DEED RECORDS OF LANE COUNTY, OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEErTO A 1/2 INCH IRON ROD; THENCE SOUTH 890 53' EAST 154.36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 S3' WEST 10.0 FEEr; THENCE SOUTH 00 07' WEST 282.43 FEET TO A 1/2 INCH IRON ROb; THENCE NORTH 890 53' WEST IS4.36 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON. ALSO SAVE AND EXCEPT ,THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: Page 3 of 4 Date Received: MAY 2 9 2089 ~-,~;,,~! Submittal ....... I '. APN:0197317 Statutory Warranty Deed . continued File No.: 7191-1094379 (leas) Date: 09/04/2007 BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDmON TO EL BONITA G~RDENS, AS PLATTED AND RECORDED IN BOOK S2, PAGE 26, LANE COUNlY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' IS" WEST AND 9S9.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. SI IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 4S, PAGE 9, LANE COUNlY OREGON PLAT RECORDS, 33S.00 FEET TO THE INmAL POINT OF FIRST ADDmON TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE lRUE POINT OF BEGINNING; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET; THENCE WEST 328.9 FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE lRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON. ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY . INSTRUMENT RECORDED JANUARY 28, 1977, RECEPTION NO., 77-05380, OFFICIAL RECORDS OF LANE , COUNlY, OREGON. PARCEL 2: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS; AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 9S9.01 FEET SOUTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND ClAIM NO. 51 IN TOWNSHIP 17 SOUTH, RANGE j WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST LINE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET TO THE INIT1AL POINT OF FIRST ADDmON TO PHYLLIS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID FIRST ADDmON TO PHYLLIS PARK NORTH 890 53' WEST 110.45 FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 8go 53' WEST 156 FEET; THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174.62 , FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RNER TO A POINT NORTH OF THE lRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING, IN LANE COUNlY, OREGON. . Date Received: MAY 2 9 2009 Page 40f 4 Original Submittal Recorded at the request of and After recording return to: Dean Helfrich 2587 N. 19th Street Springfield, OR 97477 Send Tax Statements To: No change. ..-") DECLARA TION OF RESTRICTION' BE IT KNOWN, that Dean Helfrich and Gayle D. Helfrich Trustees of the Helfrich Family Trust, do hereby declare a restriction over the following described property; SITUATED in the Southeast \14 and the Northeast Yo of Section 24, Township 17 South, Range 3 West of the Willamette Meridian. BEING all of Parcell and 2 of Land Partition Plat No. as platted and recorded in Lane County Partition Plat Records, in Lane County, Oregon SAID RESTRICTION requires: 1, The owners of said parcels and their successors to conlribute a 45% share of the total paving cost for the cul_de-sac bulb when the adjacent property (Tax Lot 503) is developed. 2. The owners are required to install curb and guner along the cul-de-sac frontage when the adjacent property (Tax Lot 503) is developed. 3, The parcels are located within a flood zone as identified on FEMA map 41039C 1153 and subject to a calculated base flood elevation of 452. I ,IN REFERENCE TO, City of Springfield Partition Approval Conditions File: 5002008-00039; '- ." . Helfrich FamilyTrust ' , IN WITNESS WHEREOF, Dean Helfrich and Gayle D. Helfrich TJ;Ustres oftheHelfrich Family Trust have executed this declaration of Restriction on this l'1 tll day of 1Y\a. Y 2009 . Date Received: MAY 2 9 2009 . OFACIA , i Ngr~sp~~ COMMISSION MY COMMISSION EXPIREl Original Submittal Page 1 of 2 Declaration of Restriction ~G0LA L--i. 0 ~ ,Dean Helfrich Trustee ofttre Helfrich Family Trust STATE OF 'OREGON ) ) ss. County of Lane ) On this Zlf-lday of met y , 2009, personally appeared the above-named Dean Helfrich Trustee of the Helfrich FamfTrust, before me and aclmq'ledged the foregoing instrument to be' . his voluntary act and deed. '-1" ., ""'I~V\. -- -- - , V V v uu -../ . OFFICIAL SEAL , jY) -Z '7 '''I'Z- , · CHRIS MOORHEAD "''1CC~~;l'i:...E1I''rr,: &If..:J1 LV \"... NOTARYPUBUC<lREGON , COMMISSION NO. 427460 /l'( COMMISSION EXPIRES MAR. 31. 2012 0~ L\-JI~ Gayle D. Helfrich Trustee of Me Helfrich Family Trust STATE OF OREGON ) ) ss. County of Lane ) On thisl1""~ay of MA f .2009, 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. . OFFICIAL SEAL CHRIS MOORHEAD ,'\,/ Nc~l~Ts~~~Urlb~~~oN /l'( COMMiSSION EXPIRES MAR. 31, 2012 BEFOREME:W1tvva:r~ Notary Public ~Oiegon' , My Commission Expires {Ylclf, ';a' ,<:.-01 z.. Oate Received: MAY 2 9 2009 . SEAL t JRHEAD C-oAEGON 40.427460 MAR. 31, 2012 Original Submittal Page 2 of 2 Declaration of Restriction ,.,'l' IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; ,includes Waiver of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Sprlngfield,hereinafter referred to as City, and Dean Helfrich and Gayle D. Helfrich Trustees of the Helfrich Family Revocable Living Trust hereinafter referred to as Applicant(s), do covenant and agree with respect to the real . property described below as follows: 1. Applicant(s) warrants and represents to the City of Springfield that it is the owner of the property more particularly described and set forth in Paragraph 7 belpw and, as owner, has the authority to enter into this Improvement Agreement with the City of Springfield. 2. Applicant(s) desires Development Approval from the City with respect to the following Development Application Partition Case # SUB2008-0039 ' 3. The development will cause both an immediate and long-term demand on, the various public facilities of City and Lane County including the specific public improvements necessitated by the development as set forth in paragraph 6. 4. This Improvement Agreement is an alternative to imposing a condition on Applicant's development approval that the Applicant make immediate construction of any public improvement that the delielopment necessitates. The objective is to promote efficiency, coordination, and spread costs by providing ,an opportunity for a district wide improvement mechanism where construction occurs in a coordinated project with the participation of adjacent and other properties in the area, insteaa of requiring immediate improvement in conjunction with, each development application. There is no guarantee, however, that such a coordinated project will be possible and the City reserves the right to require construction of the improvements in the future at City discretion. 5. (a) Applicant and City agree that Applicant will pay ihe cost of the following public facility improvements described in Paragraph.~ in accordance with respective cost assumption policy established by City at the' time the City determines to undertake and complete such public improvements. , . , ' (b) Applicant and City acknowledge and agree that the cost of such improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned if the improvements were constructed immediately or by Applicant now or later. (c) Applicant acknowledges that the timing of the construction of such improvements is within the sole and exclusive direction of the City. , .::r.... 6. (a) STREET IMPROVEMENTS along the frontage of 20th Street to include: 00 surface paving; 00 storm sewers; 00 sanitary sewers; 00 gutters; 0 planter strips; 0 street trees; 00 street lights; 00 curbs;, 00 sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS (Bar Code Sticker) AFTER RECORDING RETURN TO: . CITY OF SPRINGFIELD - PUBLIC WORKl! DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 IQata aRe.~~~eA~guit Im~rovement Agreement including Notice of Poten'Hal Assessment Lien -lndividuaLd'oc pagel0~4 REVISED August, 2007 MAY 2 9 2009 Original Submitv-\ , , Applicant acknowledges that the list of marked improvements reflect those that would currently be required under the appropriate City codes' and ordinan.ces. Applicant acknowledges that it understands that the improvements made will be those required to bring the street to full urban standards for the then current functional classification of the street as those standards exist at the time the improvements are made and may, therefore, differ from the list of improvements checked herein. 7. LEGAL DESCRIPTION: SEE EXHIBIT "AU ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: Tax Map & Lot No.: 17-03-24-00, tax lot #500 Property Address: 2833 20th Street 8. City agrees that Applicant's execution and performance of the terms of the Agreement will be deemed to be in compliance with: City's policy pertaining, to improvement requirements, and, if Applicant complies in every respect with all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and conditions of approval set forth therein. 9. This agreement is enforceable by the State of Oregon, Lane County or City. 10. APPLICANT .AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY', OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS. Applicant does not waive any right to protest the amount or manner of spreading the assessment thereof, if the same shall appear to the Applicant to bear inequitably or unfair upon said property of Applicant. Applicant's acceptance of the non-remonstrance condition is in consideration for the City's waiver of the requirement for the immediate construction of the public improvements that the development necessitates. This improvement agreement waives the property owner's right to file a written remonstration. It does not waive a property owner's right to comment on the proposed district or any related matters orally or in writing. 11. It is the intention of the parties hereto that the covenants herein contained shall run with the land herein described, and shall qe binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property herein described. This Agreement shall be recorded in the Lane County'Deed Records. NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of this property, you are advised to discuss this Agreement with an Attorney of your choice. Execution and recordation of this Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property described in Section 7 and their heirs, successors and assigns. These requirements include but are not limited to the payment for :the public improvements described in Section 9. This may result in an assessment lien on the Real Property described in Section 7 and significant costs to the Owner and Purch'asers, ,and their heirs, successors and assigns. An Applicant's signature on this Agreement indicates that the Applicant' has thoroughly read this Agreement, understands it, has had the opportunity to consult legal counsel prior to its execution, and understands that execution of the Agreement may result in significant financial obligations imposed upon the Owner of the Real Property. Any prospective, Purchaser of the property burdened by this Improvement Agreement should also thoroughly review this Agreement, consult with legal counsel prior to purchasing the property, and understand that this Agreement may result in a significant financial obligation imposed upon any Owner of the Real Property described in Section 7. ' Oate Received: I:\PW Forms and Applications\2007 August Improvement Agreement including Notice of Potential Assessment Lien -Individual.doc MAY 2 9' 2009 P",'o''(4 R~VISED AugLJsl, 2007 Original Submittal , , WHEREFORE, the parties have hereunto set their hand this g.&A day of /Y)/1 JA I SIGNATUREiS\ \k-~ \~ t!.. 4 \;'(....~ PRINT NAME(S): Dean Helfrich Trustee I of the Helfrich Family Revocable Living Trust ,20~. v---Z~h . .A, ;')'"p j,l.. c. ~./ ;t;uL.J7V . Gayle D, Helfrich Trustee " fi / ' otff1e Helfrich Family Revocable Livinffrusl ' STATE OF OREGON COUNTY OF I 1\ h..\ BE IT REME~1BERED that on this <A-t)1 day of \\~_ ,2069..- before me, the undersigned, a notary puis-lie in and for said C nty and State, personally , appeared the within named Dean Helfrich and Gayle D, Helfrich, Trustees 0 the Helfrich Family Revocable Living Trust whose, identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that+ \Vl'~ executed the same freely and voluntarily. , ' . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ~ .',' . '. ' .. ~ \ Lw. ~ll.A.J N( ,ta,y Public for Oregon ,1 h \ )S 1;;2 ()) '! My Com;jission Expires } SS .. OFFICIAL SEAL . ... JUILE M STILES \. ..J NOTARY PUBUC - OREGON ....... COMMISSION NO. 422337 MY COMMISSION EXPIRES OCTOBER 15. 2011 CITY OF SPRINGFIELD ~ c::-;'" ,pprny" ~.. ~.- .-r'" ~ By ..:____~~f'l' /(: /: ~ ~ 0/' - / . " Development Services lJepartment, Planning Division (No notary required) Accepted by JLA ~~ ' . 0;;;' (,. ~r~~t - City Surveyor SJA~E OF OREGON } COUNTY OF LC/,-, e.. SS BE IT REMEMBERED that on thi~ 6+-~\ day of . M (Ay , 200 Cf before me, the undersigned,. a notary public in and for said County and State, ' personally appeared the within named Dennis P. Ernst whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that.he executed the same freely and voluntarily IN TE$TIMONY WH.ERE.OF, I have hereunto set my hand and aff. ixe,d my or'~1 seal the day and year last above written. ' " , ' , ..,. . ' , , .. 01rvvo-()l~l I- Notary Public,for Oregon I) OFFICIAL SEAL , '.. CHRIS MOORHEAD '"" ,.... NOTARY PUBUC-DREGON COMMISSION NO. 427460 MY COMMISSION EXPIRES MAR. 31, 2012 . Mtuc" 2/ , [Of 2- My C,ommission Expires Oate Received: !:\PW Forms and Applications\2007 August Improvement Agreement including Notice of Potential Assessment Lien _ Individual,doc REVISED August, 2007 MAY 2 9 2009 ' Page 3 of(Lf / Original Submittal . EXHIBIT "An Beginning at the ,Initial point of this plat, said point being the Initial Point for the 2nd addition to Phyllis Park as platted and recorded in Book 61, Page 18, Lane County, Oregon Plat Records; thence along the Northern plat boundary of 2nd addition to Phyllis Park, South ,89054'01" West 116.40 feet, to a point on the Eastern right-of-way line of 20th Avenue; thence leaving said plat boundarY, along said right-of-way line, North 19006'00" West 35.34 feet; thence along the arc of a 46.00 foot radius curve to the left (the chord of said curve ' bears North 53001'42" West 55.33 feet) a distance of 59.37 feet; thence leaving said rightoof-way line North 190.12 feet; thence West 154.15 feet; thence North 00006'12" East 19.42 feet; thence South 890,5.1'49" East 326.46 feet; thence South 00002'11" West 275.81 feet the Point of Beginning all in Lane County, Oregon. Oate Received: MAY 2 9 2009 Original submi~1 .Improvement Agreement - Partition Case # SUB2008-00039 HELFRICH Revised May 12, 2009 Page 4 of 4