HomeMy WebLinkAboutDeed APPLICANT 8/12/2009
.
,
. .
RECORDING ReQUESTED BY
FIDELITY NATIONAL TITLE COMPANY OF OREGON
Division of Chief Deputy Clerk
Lane County Deeds and Records
2005-101022
$51.00
GRANTOR'S NAME
leeLynn. Inc. and Wiley Mtn:. 'Inc. and Betz/Evans
Associates
1111111111111111111111111111111111111111111111111
00766834200501010220060069 3 05 P"
1212012005 0 :19:
RPR-DEEO Cnl=1 Sln=8 CASHIER 01
$3D.00 $11.DO $10.00
GRANTEE'S NAME
Sun trust Land Company
SEND TAX STATEMENTS TO:
Sun Trust Land Company LLC
2464 SW Glacier Place Suite 110.
Redmond, OR 97756
AFTER RECORDING RETURN TO:
SunTrust Land Company LLC
2464 SW Glacier Place Suite 110
Redmond. OR 97756
;:.r-A\...t: AtjUVC I t11::> LINt r-UM Ktl..VIiUtl'1::' U:>.;
STATUTORY WARRANTY DEED
leely"n. Inc., a Oregon Corporation and Wiley Mtn. Inc., as to an undivided 2/3 interest and Betz/Evans Associates,
Partnership as to an undivided 1/3 interest. Grantor, conveys and warrants to
Suntrust Land Company LLC, Grantee. the following described real property, free and clear of encumbrances except
as specifically set forth below, situated in the County of Lane, State of Oregon,
SEE EXHIBIT ONE ATTACH EO HERETO AND MADE A PART HEREOF
Subject to and excepting:
See attached exhibit Two for specific exceptions.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE
PERSON ACOUIRING 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.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $, 2.000.000.00. ISee ORS 93.0301
.WHICH IS BEING PAID TO AN ACCOMMODATOR PURSUANT TO AN IRC 1031 EXCHANGE
DATED: December 14. 2005
LeeLynn, Inc., a Oregon corporation
By4,;4 /2[ ~J
MeJvin Mc6ou~~presi<fent
Wiley ~. lnc_. a Oregon corporation
By,/4~a.- ~JJ (/
,fforman Mcboogal. Pre'!ident ----
Betz/Evans Associates
STATEOFOREGON L"-' -
COUNTY OF In.. (:;
BY'.:::::\A~,.()",.,Q '? f,~
Michael P. Evans, Partner
By: JfP.A<10&~ ~
Geraldine A. Bett, Partner ()
This instrument was acknowledged before me on
,\:>",c:~ k &"g... \~. .>-=5'
by Melvin McDnuol'lLPresident.of LeeL"nn Inc.
by Nnrman Mr:DnuoaL President of Wiley Mtn.. Inc.
by Michael P. Evans and Geraldine A. Betz oartners
nfR!>tz/Evans Associates
'V>1 ~ ::::t,.
NOTARY p6Btfc FOR OREGON ---' /
MY COMMISSION EXPIRES: ~ II?, t; C;
I) OFRCW......
MAGGIE 1IJRNEIl
. NOTAR'l" PUBlJC..OREQaI
. CO.....""''''NO.-''O t
In'CClIAlISSIONEllPlAES.....'t'S. 11 e
Received:
AUG 1 2 2009
FORD-313 (Rev 2/96)
\c€lb'2- a3 Y4
STATUTORY WARRANTY DEED
vngimll >::lUDmlllal
r
.......
EXHIBIT "ONE"
I
f
PARCEL ONE:
j
Beginning at the Brass Cap marking the Southwest corner of the T. Maynard Donation Land
Claim No. 44, Township 17 South, Range 2 West the Willamette Meridian; run thence South
890 11' 45" East 381.00 feet; thence South 1 · 43' 43" West 322.66 feet; thence South 880
11' 48" East 385.82feet to a point on the boundary of EASTHA VEN SUBDIVISION, as platted
and recorded in File 75, Slide 192, Lane County Oregon Plat Records; run thence along said
boundary South 10 48' 15" West 212.20 feet; thence South 260 39' 33" East 139.62 feet;
thence South 1056' 38" West 135.43 feet; thence South 6022' 13" West 64.77 feet;
thence South 20 02' 43" West 150.07 feet; thence North 880 11' 45. West 99.22 feet;
thence South 140 40' 05" West 115.77 feet; thence South 1043' 43" West 360.53 feet;
thence South 68040' 48" East 100.41 feet; thence South 61047' 36" East 117.80 feet;
thence South 570 59'24" East 144.93 feet; thence leaving said Plat boundary South 790 42'
24. East 30.13feet; thence South 1043' 42. West 982.37 feet; thence North 79044' 26"
West 202.24 feet; thence South 30043' 43" West 108.51 feet; thence along the arc of a'
45.00 foot radius curve to the right, the long chord of which bears.South 120 54' 46" West
47.79 feet; thence 'South 450 00' 56" East 64.96 feet; thence South 10 43' 43. West
130.00 feet; thence South 670 42' 56" East 213.60 feet; thence South 1'0 43' 43" West
462.56 feet; thence North 870 44' 49. West 973.06 feet to the True Point of Beginning; run
thence North 220 1'6' 34" East 923.00 feet; thence North 300 46' 57" West 92.67 feet;
thence North 250 19' 10" West 96.02 feet; thence North 11 0 10' 22" West 131.49 feet;
thence North 730 44' 26" East 54.57 feet; thence South 320 30' 38" East 121.36 feet;
thence along the arc of a 46.00 foot radius curve to the right, the long chord of which bears
North 41007' 32" East 13.55 feet; thence North 320 30' 48. West 226,16 feel; thence
North 700 io' 22. East 99.64 feet; thence North 470 26' 51" West 44.47 feet; thence North
37" 15' 32" East 109.21 feet; thence North 220 44' 11" West 90.4 7 feet; ihence North 500
31' 56" West 154.11 feet; thence North 420 50' 03" Eest 66.07 feet; thence North 38052'
01" West 108.94feet; thence along the arc of a 275.00 foot radius curve, the long chord of
which bears South 450 37' 06" West 31.51 feet; thence North 470 39' 57" West 248.05
feet; thence South 370 15' 32" West 337.36 feet; thence South 22045' 38" West 236.72
feet; thence South 75019' 04" West 654.82 feet; thence North 770 47' 09" West 239.06
feet; thence North 500 25' 29" West 231.87.feet; thence North 240 53' 54" West 335.34
feet; thence North 150 35' 26" West 180.03 feet; thence North 14002' 28" East 281.68
feet; thence North 750 57' 32" West 120.00 feet; thence North 14002' 28" fast 206.00
feet; thence North 75057' 32" West 370.00 feet; thence North 14002' 28" East 320.90
feet; thence along the arc of a 369.99 foot radius curve to the left, the chor.d of which bears
North 60 44' 12" East 94.08; thence North O. 34' 04" West 46.04 feet; thence South 890
25' 56" West 120.00feet; thence South 720 57' 20. West 129.30Ieet; thence North 490
50' 02" West 286.67 feet; thence South 40. 09' 58" West 226.21 feet; thence elong the
arc of a 250.00 foot radius curve to the left, the long chord of which bears North 640 19' 22.
West 66.30 feet; thence South 380 32' 30" West 54.34feet;thence South 8052' 17" West
11.48 feet; thence along the arc of a 51.01 foot radius curve to the left, the long chord of
which bears South 26048' 51" West 31.43 feet; thence South 44045' 25" West 66.40 feet;
thence along the arc of a 86.99 foot radius curve to the right, the long chord of which bears
South 260 48' 51" West 53.60 feet; thence South 8052' 17" West 240.59 feet; thence
along the arc of a 225.00 foot radius curve to the left, the long chord of which bears South
70 09' 33" East 128.34 feet; thence South 660 16' 12" West 140.00 feet; thence along the
arc of a 365.00foot radius curve to the right, the long chord of which bears North 90 03' 18"
West 184.94 feet; thence North 810 07' 43" West 110.14 feet; thence South 780 08' 12"
West 52.37 feet; thence North 850 29' 07" West 140.29 feet; thence along the arc of a
665.00 foot radius curve to the left, the long chord of which bears South 90 34' 21" East
325.30 feet; thence South 23'0 43' 48" East 214.39 feet; thence South 470 33' 40" East
149.89 feet; thence South 730 46' 36" East 146.91 feet; thence South 520 02' 41" West
202.38 feet; thence North 370 35' 16" West 200.00 feet; thence North 320 41' 22' West
200.73 feet; thence North 250 55' 29" West 469.1'\:jM\9 ~ee~:50 23' 54" East
2
AUG 1 2 2009
- . ..r,lc.J"'......iH!!31
''''II,',:.il.'J'wli, _TJ''''''.....n'__d
-t.<..I.~Q
0.............(
.
356.05 leet; thence North 840 36' 34' West 63.51 leet; thence North 520 05' 07" West
150.00 leet; thence North 37054' 53" East 205.05 leet; thence North 890 12' 45" West
389.74Ieet; thence South 10 31' 59" West 623.78 leet; thence along thearc 01 a 796.19
foot radius curve to the left, the long chord of which bears North 670 23' 21" West 553.13
feet to a point on the centerline 01 58th Street; thence along said centerline South 1 0 36' 28.
West 49.89 feet; thence leaving sald centerline and running along the northerly right of way
01 Weyerhaeuser's private roadway along the 'arc of a 745.71 loot radius curve to the right,
the long chord of which bears South 620 50' OS" East 636.11 leet; thence South 370 35'
19' East 979.83 feet; thence along the arc of a 542.57 foot radius curve to the Ie It, the long
chord of which bears South 52039' 49. East 262.23 feet; thence South South 670 44' 19"
East 192.07 leet; thence along the arc 01 a 602.57 loot radius curve to the right, the long
chord 01 which bears South 320 06' 19" East 702.11 feet; thence South 3031' 41. West
291.00feet; thence leaving said Northerly right of way South 880 22' 34" East 1437.36 leet;
thence South 1035' 59" West 396.60 leet; thence South 870 44' 49' East 879.75 leet to
the True Point of Beginning, in Springfield, lene County, Oregon.
EXCEPT THEREFROM: That portion deeded to a lane County in a Warranty Deed recorded
August 8, 2000, Reception No. 2000-045367,Official Records of lane County, Oregon.
PARCEL TWO:
Beginning at the Brass Cap marking the Southwest corner 01 the T. Maynard Donetion Land
Claim No. 44, Township t 7 South, Range 2 West of the Willamette Meridian; run thence
North 1057' 15" East 483.01 feet; thence North 88007' 08" West 30Z.54 laet; thence
North Z 008' 53" East 286.21 leet; thence North 680 06' 26' West 66.00feet; thence North
89059' 53" West 72.85 feet; thence North S70 45' 08" West 347.9S leet; thence North 00
47' 30. East 374.02 feet to a point on the Southarly right of way of McKenzie Highway; run
thence along said right of way, North 8S 007' OS" West 260.76feet; thence leaving said right
of way South 10 38'.26" West 660.00 feet; thence North 880 07' 08" West 970.0Z feet to
the True Point of Beginning; run thence North 860 07' 08. West 1124.64 feet; thence South
1041' Z1" West 923.37 feet; thence North 890 12' 45' West 14.45 feet; thence South 52"
05' 07" East 24.58 feet; thence South 370 54' 53. West 300.00feet; thence South 840 36'
34" East 63.51 feet; thence South 60 23' 54" West.356.05 feet; thence South 25055' 29"
East 469.14 feet; thence South 320 41' 2Z" East 200.73 feet; thence South 370 35' 18"
East ZOO.OOfeet; thence North 520 02' 41. East 202.36 leet; thence North 730 46' 36"
West 146.91 feet; thence North 470 33' 40' West 149.89 feet; thence North 230 43' 4S"
West 214.39 feet; thence along the arc of a 665.00foot radius curve to the right, the long
chord of which bears North 70 25' 45" West 373.30 feet; thence North 80 52' 17" East
460.75 feet; thence North 160 25' 07" East 185.22 feet; thence North 420 38' 17" East
648.27 feet; thence North 61037' 29' East 389.01 feet; thence North 57" 25' 33' East
222.21 leet to the True Point of Beginning, in Springfield, lane County, Oregon.
PARCEL THREE:
Beginning at the Brass Cap marking the Southwest corner of the T. Maynard Donation land
Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence
North 10 57' 15" East 483.01 feet; thence North 880 07' OB' West 302.54 feet; thence
North 20 08' 53" East 2S6.21 feet; thence North 880 06' 26" West 66.00feet; thence North
89059' 53" West 72.B5 feet; thence North S70 45' 08" West 347.98feet; thence North 00
47' 3D' East 374.02 feet to a point on the Southerly right of way of McKenzie Highway; run
thence along said right of way, North 88007' OS"West 260.76 feet; thence leaving said right
01 way South 1038' 26' West 660.00 feet; thence North 88007' 08' West 970.02 feet;
thence South 570 25' 33' West 222.21 feet; thence South 61 037' 29' West 132.75 leet
to the True Point of Beginning; run thence South 1 0 38' 08" West 161.63 feet; thence South
58021' 52" East 308.47 feet; thence South 61 023' 16" East 101.56 feet; thence South
42045' 43" East 204.72 feet; thence along the arc of a 140.00100t radius curve to the left,
the long chord of which bears South 130 36" 13" West 68.54 feet; thence South 370 2S'
08" East 99.92 feet; thence South 730 45' 17" East 136.77 feet; thence South S70 09' 32"
East 547.55 feet; thence South 30 19' 06. West 72.16 feet; thence South 360 39' 21" West
771.82 leet; thence North 750 57' 32' West 370.00 feet; tRe.Ilfe !llllrtn 1.4002' 28" East
. Uale KeCeIVed:.
3
AUG 1 2 2009
Or:[J:n-::! SubmittaL
~
<!,.a...~
,,'
I
320.90 feet; thence along the arc of a 369.99 foot radius curve to the left, the long chord of
which curve bears North 60 44' 12" East 94.08 feet; thence North 00 34' 04" West 46.04
feet; thence South 890 25'56" West 120.00 feet; thence South 720 57' 20" West 129.30
feet; thence North 490 60' 02" West 286.67 feet; thence South 40009' 56" West 226.21
feet; thence along the arc of a 250.00 foot radius curve to the left, the long chord of which
bears North 640 19' 22" West 66.30 feet; thence South 380 32' 30" West 54.34 feet;
thence South 80 52' 17" West 11.48 feet; thence along the arc of a 51.01 foot radius curve
to the left, the long chord of which bears South 260 46' 51" West 31.43 feet; thence South
44045' 25" West 66.40 feet; thence along the arc of a 66.99 foot radius curve to the right,
the long chord of which bears South 260 46' 51" West 53.60 feet; thence South 8 0 52' 17"
West 240.59 feet; thence along the arc of a 225.00 foot radius curve t? the left, the long
chord,of which bears South 70 09' 33" East 126.34 feet; thence South 660 16' 12. West
140.00 feet; thence along the arc of a 365.00 foot radius curve to the right, the long chord
of which bears North 90 03' 16" West 164.94 feet; thence North 81 0 07' 43" West 110.14
feet; thence South 780 06' 12" West 52.37 feet; thence North 65029' 07" West 140.29
feet; thence elong the arc of a 665.00 foot radius curVe to the right, the long chord of which
beers ,North 60 43' 41" East 49.74 feet; thence North 80 52' 17" East460.75 feet; thence
North 160 25' 07" East 185:22 feet; thence North 420' 36' 17" East 648.27 faet; thence
North 610 37' 29" East 256.25 feet to the True Point of Beginning, in Springfield, Lane
County, Oregon. '
PARCEL FOUR: .
Beginning at the Brass Cap marking the Southwest corner of the T. Maynard Donation Land
Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence
North 10'57' 15",East 463.01 feet: thence North 660 07'08" West 3'02.54 feet; thence
North 20 06' 53" East 266.21 feet; thence North 880 06' 26" West 66.00feet; thence North
89059' 53" West 72.65 feet; thence North 870 45' 08" West 347.96 feet; thence North 00
47' 30" East 374.02 feet to a point on the Southerly right of wey of McKenzie Highway; run
thence along said right of way, North 88007' 08" West 260.76 feet; thence leeving said right
of way South 1038' 26" West 660.00 feet; thence North 680 07' 08" West 970.02 feet;
thence South 570 25' 33" West 222.21 feet; thence South 610 37' 29" West 132.75 feet;
thence South 1038' 08" West 161.63 feet; thence South 580 21' 52" East 306.47 feet;
thence South 61023' 16" East 101.56fee\; thence South 420 45' 43" East 204.72leet;
thence elong the arc of a 140.00 foot redius curve to the left, the long chord of which bears
South 130 36' 12" West 68.54 feet; thence South 370 26' 08" East 99.92 feet; thence
South 730 45' 17",East 136.77leet; thence South 87009' 32" East 547.55Ieet; thence
South 30 19' 06" West 72.16 feet to the True Point of Beginning; thence South 360 39' 21"
West 771.62 feet; thence South 140 02' 28" West 206.00 feet; thence South 750 57' 32"
East 120.00 feet; thence South 140 02' 26" West 261.66 feet; the'nceSouth 150 35' 26"
East 180.03 feet; thence South 240 53' 54~ East 335.34 feet; thence South 600 25' 29"
East 231.87 feet; thence South 770 47' 09" Fast 239.06 feet; thence North 750 19' 04"
East 654.62feet; thence North 220 45' 36" East236. 72 feet; thence North 370 15' 32. East
337.36 feet; thence North 37" 15' 32" East 342.39 feet; thence North 130 17' 26" East
195.36 feet; thence North 410 45' 21" East 174.09 feet; thence North 50 58' 51" East
75.67 feet; thence North 460 36' 24" West 169.35 feet; thence North 450 35' 29" East
136.64 feet; thence along the arc of a 225.00 foot radius curve to the right, the long chord
of which bears Noith 51 0 10' 19. West 125.34 feet; thence South 55 029' 32" West 182.62
feet; thence North 41 017' 19" West 417.51 feet; thence North 560 02' 20" West 151.40
feet; thence North 66014' 33" West 148.96 feet; thence South 690 43' 24" West 80.92
feet; thence South 770 57' 10" West 284.96 feet; thence South 800 04' 49" West 255.33
feet to the True Point of Beginning, in Springfield, Lane County, Oregon.
Date Received:
AUG 1 2 2009
4
Original submittal
-1A.l:f' f....
G,.o...E
. .
EXHIBIT nro
The herein described property has been classified as Small Tract Forestland Option, as
disclosed by the tax roll: and may be subject to additional taxes and/or penalties.
Rights of the public and governmental agencies in and to any portion of said land lying
within the boundaries of streets, roads and highways. .
City liens in favor of the City of Springfield, if any.
There are no liens as -of December 6, 2005.
Easementlsl for the purposelsl shown below and rights incidental thereto as grapted in a
document.
Granted to:
Purpose:
Recorded:
McKenzie Highway Water District
Pipeline and Ingress and Egress
June 12. 1961. Recorder's No. 34700
Easementls) for the purposels) shown below and rights incidental thereto as granted in a
document.
Granted to:
Purpose:
Recorded:
Oregon State Highway !:ommission and the City of Springfield
Slope easement
January 5, 1967, Recorder's No:71171
Easementls) for. the purposelsl shown below and rights incidental thereto as granted in a
document. '
Granted to:
Purpose:
Recorded:
Oregon State Highway Commission and City of Springfield
Slope easement .
April 21, 1967, Recorder's No. 82.109
Easement(sl for the purpose(sl shown below' and rights incidental thereto as granted in a
document.
Granted to:
Purpose:
Recorded:
City of Springfield
Sanitary sewer
Sepfember 8, 1967, Recorder's No. 97593
Easeme'ntlsl for the purposefs) shown below and rights incidental thereto as granted in a
document.
Granted to:
Purpose:
Recorded:
City of Springfield
Sanitary sewer
~eptember 8,1967, Recorder's No. 97594
Easement(s) for the purpose Is) shown below and rights incidental thereto as granted in a
docl!ment.
Granted to:
Purpose:
Recorded:
Springfield Utility Board
. Electric distribution
November 26, 1969, Recor4er's No. 88801
Easementls) for the purpose Is) shown below and rights incidental thereto as granted in a
document.
Granted to:
Purpose:
Recorded:
Springfield Utility Board
Electric distribution
March 3, 1981, Recorder's No. 8109404
Easementfs) for the purposelsl shown below and rights incidental thereto as granted in a
document. ' Date Received:
Granted to:
Purpose:
Recorded:
Springfield Utility Board
Electric distribution
March 3.1981, Recorder's No. 8109405
AUG 1 2 2009
Easement(s) for the purposelsl shown below and rights incidental thereto as grap~d in~ S .
document. .. . . unglnal ubmlttal
Granted to:
Purpose:
Recorded;
Springfield Utility Board
Public utilities and incidental purposes
March 27,1981, Recorder's No. 8113484
~~
.
. .
. .
~~tters cQn~ained in that certain document entitled "Notice of Court Order and Fi I
b u gmdebnt and Ent~ of Inju~cti~n Affecting Real Property", dated December 28 19;;
y an etween CIty of Springfield and Roger M V I ..
Recorder's No. 8500353 which d . an et. a:, recorded January 4.1985.
.. Annexation agreements~ . . ocume~t, among other things, contains or provides for:
Reference is made to said document for full particulars.
Matters contained in that certain document entitled "Notice f R .
~;;~er ~Ian ~ur~uant to Article 37 of the Springfield Develop':ent ~a~::~p::ds'tt;i~\ ~o
990353Jsa:hi ~t~een City of Spnngfleld. .recorded April 13. 1999. Recorder's No:
5ubdivisio~ dev~op~~~~~nt, among other things, contains or provides for: "Residential
Reference is made to said document for full particulars.
Matters contained in that certain document entitled -Agreement-, dated July 31, 2002,
by and between LeeLynn, Inc., an Oregon corporation and Wiley Mt.. Inc., an Oregon
corporation and Alberts Development, LLC, as tenants in common, recorded August 1,
2002, Recorder's No. 2002-058266.
Reference is made to said document for full particulars.
Matters contained in .that certain document entitled "Declaration of Property Line
Adjustment (SUB2003-00049j", dated March 10, 2004, by and between LeeLynn, Inc,
an Oregon corporation, Wiley Mt., Inc., an Oregon corporation and Alberts Development
LLC, a Ltd., Liability Co., recorded March 11, 2004, Recorder's No. 2004-017283 to
2004-017286.
Reference is made to said document for full particulars,
Said document has been corrected by instrument
Recorded:
March 16, 2005, Recorder's No. 2005-018021
Matters contained in that certain document entitled -Declaration of Easement", dated
March 10, 2004, by and between LeeLynn, Inc., Wiley Mt. Inc. and Alberts Development,
recorded March 11, 2004, Recorder's No. 2004-017288, which document, among other
things, contains or provides for: "Temporary access easements for ingress, egress,
sanitary, storm, utilities' and maintenance that terminates upon the recordation of
Subdivision Plats".
Reference is made to said document for full particulars.
Date Received:
AUG 1 2 2009
Original Submittal
~