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HomeMy WebLinkAboutApplication APPLICANT 10/27/2009 :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision Subdivision Plat Pre-Submittal: Subdivision Plat Submittal: , , A ~ Applicant Name: David Nelson Icompany: KLMCapital [Address: 9712 SW Alabama St, Tualatin OR 97062 1~~'~I~~:~~7:~ee C:::~::S. "<.~.. , . _wu, Pho~e:-746.0637 I Company: Branch Engineering Fax: 746-0389 ~~~1.__~0 ;~J~;:\ Sp~:sf~~~~R97477 .__ _.~~~~~ _~~.~._~~~ H ~~ I Property Owner: KLM Capital Phone: 503-804-0262 Icompany: Fax: 503-213-5875 ltd.dressl.,~~_':712 SW ~1~~~~.~\;~~la:in,~~~ZO.~>>>~__mw. __~._.wW';_' w ~"_ IASSESSOR'S MAP NO: 17-02-31-13 ITA}( LOT NO(S): 1101,1102,1200 I Property Address: TL 1101: 3861 'E' St; TL 1102: 3857 'E' St;TL 1200: vacant ISize of Property: 37,602 Acres [')('] Square Feet D I Proposed Name of Subdivision: Rosemont Cottages I 'L' ~ -"M -- ~:""""":_~..'~-,", ~__~<l>._____cll._~;(-_"/IM'W!=,_'''-'_.JI:~<<<f';:""",.JIi<'O<..".''''_..,..i...''':_~_,__.""..,w:,~-Y.,,,(j"'" _8...1 I I I Phone: 503-804-0262 Fax: 503_213-5875 _<."" '."m.,.o!U. I Description of If you are filling in this form by hand, please attach your proposal description to this appiication. ProDosal: Final platting ofRosemont Cottages (a 6-10t subdivIsion). I Existing Use: single family residential [ Tentative Case #: SUB 2007-00050 1# of Lots/Parcels: 6 IAVg. Lot/Parcel Size: 6267 sf !Density: 7 du/acre Si' natures: Please si nand rint our name and date in the a ro riate box on the next a . . Associated Applications: 5tx?:, 20\.1 - GS.:/S-o (~t ') I Pre-Sub Case No.: P (<": Z-'"D ~ _ l:JbJt> Date: Reviewed by: OCT ? 7 2009 I I Original subplittal 1'- Case No.: Su6 2l;Y{1 - iSOOLL Date: 10 (1... 1-/011 Reviewed by: --rz,v't-. IAPPlication Fee: $3 (,,1 <t ITechnical Fee: $ 1'<5.9 0 I Postage Fee: $0 I TOTAL FEES: $ -; T c('i) . '70 PROJECT NUMBER: 'PR.J2.5D 1- ~<O Revised 1/1/08 Molly Markarian 1 of 6 Owner Signatures This application form is used for both the required pre-submittal meeting al')d 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 information in this application is correct and accurate for sCheduling of the Pre- Submittal Meeting. Owner: Date: Signature Print Submittal Owner: I represent this application to be complete for submittal to the City. 'Consistent with the completeness check performed on this application aUhe Pre~Submittal Meeting, I affirm the info(mation 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 comp:~ap1,~g.'on. \JiJ Date: 1<)1~'1/r.?q Signature \., David Nelson, KLM Capiial Incorporated Print Date Received: OCT 2 7 2009 Original Submittal Revised 1/1/08 Molly Markarian 2 of 6 r" D Post Monumentation Deposit as required for subdivisions only. City Survey Section has current fee schedule and templates. D Location of Any Floodways in accordance with SDC 3.3-400, D Existing Easements Clearly Identified with Their Recorded Reference, D New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document, Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Accessl Maintenance Agreements; and Dedications of Right-of-Way, Land Division Plat Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form, [')('] Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula, A copy of the fee schedule is available atthe Development Services Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. [')('] Land Division Plat Application Form [')('] Two (2) Copies of the Deed [')('] Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. [')('] Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. [')('] Copy ofthe Mylar on Bond Paper [')('] Original and Copy of all Required Documents with, signatures where'appropriate. Date Received: OCT 2 7 2009 Original Submittal__ Revised 1/1/08 Molly Markarian 6 of 6 '~- .',.,,;,' -, , 225 Fifth St~ee~ 1W(~,:,;;~,,~~;,;gl';;fJ~i,l:t Springfield, Or~goili9?477 : ; .' ., . 541.726-3759Philne,i" .,,' ..' :.. :":" . ,'. '~.. '.-'"(:};~~?~~~'~;jr~:;'~;~,c,:',.':.:{~;:~;~,/~:":)~:. 'L:': ""REdii~t'Vi~' , '3200900000000000737 , . ", . Job/Journal Number"~ . Description ."' ..'~:. . '.... . SUB2009-00022 ,,' .;.;CTY .Subd :;:LJ)R"Bas~+476 Lot SUB2009-00,02t, ,..~;:r~;::~/!~~T~6hn,~I~WF~e . ' Payments: . ' Type of Payment': Check ,"., ,j :Lr~~~:,.By',?i;~; KLMCAPITA1:'INC<:':, . ...t ... .....' .:;,,>,..," ",:-\ ....:;,.. .~. " :1. ,. , .. --r:' .... .-..~;,1:..:.. " ,,' 'I \. f ~. .. \, ! '" .... ;1 i . -, '.....:...... ,'" .r.. "" !:;:.:::" . . .~ . h, .. ~ ,. H , cReceintl Received By tj Cheek Number Batch Number ;'} '-.J , '-' Page I of I City ( ,pringfield Official Receipt Development Services Department Public Works Department Date: 10/27/2009 Item Total: Authorization Number How Received 147 In Person Payme~t Total: Date Received: OCT 2 7 20D9 Original Submittal 2:28:03PM. Amount Due 3,618.00 180.90 $3,798,90 Amount Paid $3,798.90 $3, 79~,90 10/27/2009 ." Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 Until a change is requested all tax statements shall be sent to the following address: 'SAME AS GRANTEE' Grantor: KLM Capital Inc. 9712 SW Alabama Street Tualatin, Oregon 97062 Grantor: William E. Curran 3861 'E' Street Springfield, OR 97477 Grantee: Trisha 1. Edwards 3857 'E' Street Springfield, OR 97477 Quitclaim Deed KNOW ALL MEN BY THESE PRESENTS, That William E. .Curran and KLM Capital Inc., hereinafter called Grantor's, for the consideration hereinafter stated, does hereby release and quitclaim unto Trisha L. Edwards, hereinafter called Grantee, all of the Grantor's right, title and interest in that certain real property situated in the County of Lane, State of Oregon, described as follows, to wit: SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING all of Lots 4 and 5 ofRosemont Cottages as platted and recorded ,2009 in Lane County Oregon Plat Records, in Lane County, Oregon. The true and actual consideration paid for this transfer, stated in terms of dollars is $0,00. This conveyance is made for the purposes of clearing possible cloud on title. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TIllS 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LA WFULL Y ESTABLISHED LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS UNDER ORS 195.300, 195.301 AND 195.306 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS, 2007. Date Received: Page 1 of2 OCT 2 7 2009 Original Submittal Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 In Witness Whereof, the Grantor's have executed this instrument this :2 ~ ~Ol"~ 17.. r<-. 2009. day of Grantoi'-. r ~ M ~ JJNJ, David Nelson,k Pa..?5 \~<" of KLM Capital, Inc. State of Oregon ) ) ss ) County of _L a ~ ~ This instrument was acknowledged before me on 0 r + nh~... 1, , 2009 by David Nelson who is -:P,.. <:. ofKLM Capital, Inc. as his voluntary act and deed and on behalf of said corporation. ~-- --- -- -- --'---.e.-,- ---- -:-,' I .- OFFICIAL SEAL I ; BRENDA LEE CARLIN I j NOTARY PUBLIC - OREGON '. I '. .' COMMISSION NO. 416749 I i MY COMMISSION EXPIRES JUNE 7. 2{ll1 J {~a:...;.:.r;,.:..:.~~=':' -- --_._-,--1} -f\ /l~ rJ ~ ~~ C Jl:.v (Notary Public for Oregon) My commission expires: Ju ",. 7 :J.,., U , 7;;A . William E. Curran --------- State of Oregon County of L C;", <:- ) ) ss ) r~- ~~~~~o~FIC~~~E~~ =- =-""~1 \' ,-... ANGELA ERWIN I:.. NOTARY PUBLIC-OREGON ';~ .' COMMISSION NO. 421788 >~ =M~ ~~M~S~IO~ E;";R;S ~11..2~ 2011 ~1 v-'-"~.:b.V This instrument was acknowledged before me on Curran as his voluntary act and deed. Q,2) . 2009 by William E, /2L-L ~~ (Notary Public for Oregon) My commission expires; q....;2J. -;;2.0 \ \ Date Received: Page 2 of2 (lCT ? ? Z~~9 Original Subrnilial .' " Recorded at the request of and after recording return to; Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 Until a change is requested all tax statements shall be sent to the following address; 'SAME AS GRANTEE' Grantor: KLM Capital Inc. 9712 SW Alabama Street TuaIatin, Oregon 97062 Grantor: Trisha 1. Edwards 3857 'E' Street Springfield, OR 97477 Grantee: William E. Curran 3861 'E' Street Springfield, OR 97477 Quitclaim Deed KNOW ALL MEN BY THESE PRESENTS, That Trisha L. Edwards and KLM Capital Inc., hereinafter called Grantor's, for the consideration hereinafter stated, does hereby release and quitclaim unto William E. Curran, hereinafter called Grantee, all of the Grantor's right, title and interest in that certain real property situated in the County of Lane, State of Oregon, described as follows, to wit: SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING all of Lot 6 of Rosemont Cottages as platted and recorded , 2009 in Lane County Oregon Plat Records, in Lane County, Oregon, The true and actual consideration paid for this transfer, stated in terms of dollars is $0.00. This conveyance is made for the purposes of clearing possible cloud on title. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDERORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS, 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LA WFULL Y ESTABLISHED LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS UNDER ORS 195.300, 195.301 AND 195.306 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS, 2007. Date Received: OCT 2 7 2009 Page 10f2 Original Submittal /~ Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 In Witness Whereof, the Grantor's have executed this instrument this .2009. J.:::L-.- day of L3 ,..J. . G=:; . Dav~ 'Fi'elson as 'fU-Q>'\<.){f..Y[" , of KLM Capita, Inc. State of Oregon ) ) ss ) County of L f1 n" This instrument was acknowledged before me on () L.+-.:>6...,...17 . 2009 by David Nelson who is ?......, ofKLM Capital, lnc, as his voluntary act and deed on behalf of said corporation, --=B /1IW>,1", ~~ C~) (Notary Public for-Oregon) My commission expires: j \<on" 7..l.ol1 Grantor ~~ Trisha L. Edwards l14ou~ A '- ~ -----~ ---.,.- -------...'7. .' OFFICIAL SEAL r. , BRENDA LEE CARLIN ' I 'NOTARY PUBLIC - OREGON I i COMMISSION NO. 416749 , :' MY COMMISSION EXPIRES JUNE 7, 2011 ,\ ~.~"1il1 ,11 iii T "l1li''''' ~ County of (6.-~_ ) ) SS ) Date Received: OCT 2 7 2009 State of Oregon This instrument was acknowledged before me on Edwards as her voluntary act and deed. Original Submittal 0.. J.. ,C; _ 2009 by Trisha L. ~~~~~~~~~~~~~~~~~~~~-'J /8 OFFICIAL SEAL II I,' , ANGELA ERWIN I '.. ./ NOTARY PUBLIC. OREGON I I" COMMISSION NO. 421788 I : = :-v... C~~M~.SS.!.O~ ~p~~ ~~~~':3~ ~';:~2 0;;"u~_ E:'vvJ ,~ (Notary Public for Oregon) My commission expires: Cj .. :). (, :;0 I ( Page 2 of2 . After recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 OWNER'S CONCURRENCE for ROSEMONT COTTAGES Whereas William E. Curran is the owner of the lands that are described in Exhibit "A" attached hereto and made a part hereof, which lands were conveyed to said owner in the Statutory Bargain and Sale Deed to William E. Curran that was recorded November 13, 2007 at Recorder's Number 2007-076512 in the Official Records of Lane County, State of Oregon. Whereas William E. Curran desires to participate in recording a Subdivision Plat that subdivides the lands described in Exhibit "B" creating six separate legal parcels; Know all men by these presents that William E. Curran hereby concurs with the platting and recording of said Subdivision Plat as said plat subdivides said lands. Dated this 2~ day of ""'rlp~hn'" ,2009. I;) Iv- William E. Curran STATE OF (")TP~"~ ) )ss ) rn- ~~:- ---O;;C;'~SE;C'---- f (4 f~: ANGELA ERWIN I I'; \\~. NOTARY PUBLIC.. OREGON , If, '\:~_.'.... COMMISSION NO. 421788 I (1_ !I::' C.:'~~~!O~E.Xpl~E~ ~:~!E~ER _2~ ~1~ II County of i!... ". ".. On this ::l ~ day of. .<:,,, nL,.-~ b"'..--- , 2009, before me personally appeared William E. Curran and ackriowledged the foregoing instrument to be his voluntary act and deed. /2t?/L. P.....A.'~~ Notary Publicfor nv ~ ".... Date Received: OCT ') 7 2009 .' ISubr-,>,e' OnglOa ,I...-..____~----- CONCURRENCETOPLATTmG Page 1 of2 , After recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 EXHIBIT "A" LEGAL DESCRIPTION SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31 , Township 17 South, Range 2 West of the Willamette Meridian and described as follows: Parcell of Land Partition Plat No. 2006-P2017, recorded June 27, 2006, Reception No. 2006- 044514, in Lane County Oregon Plat Records, in Lane County, Oregon. EXHIBIT "B" LEGAL DESCRIPTION SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING all of those lands of Rosemont Cottages as platted and recorded . 2009 in Lane County Oregon Plat Records, in Lane County, Oregon being more particularly described as follows: Lot 29, the Adams Plat as platted and recorded April 20, 1948 in Book 14, Page 3, Lane County Oregon Plat Records, in Lane County Oregon and Parcels 1 and 2 of Land Partition Plat Number 2006-P2017 as recorded June 27, 2006 in the Land Partition Plat Records of Lane County, State of Oregon. Date Received: OCT 2 7 2009 CONCURRENCE TO PLATTING Page 2 of2 Original Submittal ; After recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 OWNER'S CONCURRENCE for ROSEMONT COTTAGES Whereas Trisha 1. Edwards is the owner of the lands that are described in Exhibit "A" attached hereto and made a part hereof, which lands were conveyed to said owner in the Statutory Warranty Deed to Trisha 1. Edwards that was recorded May 15, 2009 at Recorder's Number 2009-026394 in the Official Records of Lane County, State of Oregon, Whereas Trisha 1. Edwards desires to participate in recording a Subdivision Plat that subdivides said lands described in Exhibit "B" creating six separate legal parcels; Know all men by these presents that Trisha 1. Edwards hereby concurs with the platting and recording of said Subdivision Plat as said plat subdivides said lands. Dated this ;). C; day of ,.'SQ t'JH>~ hJ..--- .2009. rM >>UIIJ ;fA 1 aW 'Trisha 1. EdwardS - STATE OF (), '}"....~ County of Lv. /d '\ )ss ) On this 2"') day of ~S 477'(,,,, A.<r- , 2009, before me personally appeared Trisha 1. Edwards and acknowledged the foregoing instrument to be her voluntary act and deed. f';'~~'----:-.-.'--. "-"-'-, ~_._~~ , .- OFFICIAL SEAL ~ I ,~-: ANGELA ERWIN I I.. .,,' NOTARY PUBLIC.. OREGON I I .. COMMISSION NO. 421788 1 tk ~~l~,~~~~~~~~~~~ ~~~~~~:~2~ ~ a ~-...t e r,-"~ Notary Public for '7- .J.C" :J-.<J II Date Received: OCT 2 7 2009 Original Submittal CONCURRENCE TO PLATTING Page 1 of2 ,.' After recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 EXHIBIT "A" LEGAL DESCRIPTION SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31 , Township 17 South, Range 2 West of the Willamette Meridian and described as follows: Parcel 2 of Land Partition Plat No. 2006-P2017, recorded June 27, 2006, Reception No. 2006- 044514, in Lane County Oregon Plat Records, in Lane County, Oregon. EXHIBIT "B" LEGAL DESCRIPTION SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING all of those lands of Rosemont Cottages as platted and recorded .2009 in Lane County Oregon Plat Records, in Lane County, Oregon being more particularly described as follows: Lot 29, the Adams Plat as platted and recorded April 20, 1948 in Book 14, Page 3, Lane County Oregon Plat Records, in Lane County Oregon and Parcels 1 and 2 of Land Partition Plat Number 2006-P2017 as recorded June 27, 2006 in the Land Partition Plat Records of Lane County, State of Oregon. Date Received: CONCURRENCE TO PLATTING Page 2 of2 OCT 2 7 2009 Original Submittal Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 Until a change is requested all tax statements shall be sent to the following address: * SAME AS GRANTEE* Grantor: William E. Curran 3861 'E' Street Springfield, OR 97477 Grantor: Trisha 1. Edwards 3857 'E' Street Springfield, OR 97477 Grantee: KLM Capital Inc. 9712 SW Alabama Street Tualatin, Oregon 97062 Quitclaim Deed KNOW ALL MEN BY THESE PRESENTS, That William E. Curran and Trisha L. Edwards, hereinafter called Grantor's, for the consideration hereinafter stated, does hereby release and quitclaim unto KLM Capital Inc., hereinafter called Grantee, all of the Grantor's right, title and interest in that certain real property situated in the County of Lane, State of Oregon, described as follows, to wit: SITUATED in the City of Springfield, Lane County, State of Oregon in the Northeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING all of Lots 1,2 and 3 of Rosemont Cottages as platted and recorded . 2009 in Lane County Oregon Plat Records, in Lane County, Oregon. The true and actual consideration paid for this transfer, stated in terms of dollars is $0.00. This conveyance is made for the purposes of clearing possible cloud on title. BEFORE SIGNING OR ACCEPTING TillS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LA WS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TillS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS UNDER ORS 195.300, 195.301 AND 195.306 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS, 2007. Date Received: Page 1 of2 OCT 2 7 2009 Original Submittal ,. Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 In Witness Whereof, the Grantor's have executed this instrument this ,2009. 23 day of 'Y",vt,.-_ J.,-<< Grantor wilv-- f'-u u_________ ----((, 'oi' .~ OFFICIAL SEAL l' ..; "'''''''''"~' ANGELA ERWIN I ""-'.:'!~~:i~ . !) '~vt4>;!!)J NOTARY PUBLIC - OREGON " ", ''''iUV COMMISSION NO. 421788 I' '~;:'_'.~ ~~.~C?_~,~.'pS10~. E~P!~~~ ~E~~.~~~:.~ ~l~ fl William E. Curran State of Oregon ) ) ss ) County of t. "'" "- This instrument was acknowledged before me on Curran as his voluntary act and deed. Cj2. 2- S . 2009 by William E. c:2 ~L Z;n--~~ (Notary Pubrlc for Oregon) My commission expires: Cf- ,J.e,. .;).0 i I Grantor ;/t1~fAwIL- Trisha 1. Edwards Date Received: OCT 2 7 2009 State of Oregon ) ) ss ) Original Submittal County of La. rLA-. This instrument was acknowledged before me on Edwards as her voluntary act and deed. q, J.. ,) _ 2009 by Trisha 1. r'"~ ~~=:~~1~~~~-""=~; I' . NOTARY PUBLIC - OREGON I I '. . COMMISSION NO.. 421788 , I MY COMMISSION EXPIRES SEPTEr.taEH 26. 2011 ~ . -----.......- - _. --.......-.--............................ -~' a~L- S'r-v<-' ,",-- (Notary Public for Oregon) My commission expires: q- :l (, - ;)0 \ \ Page 2 of2 .' Western Title & Escrow of Lane Co. 350 SW Bond, Suite 100 Bend, OR 97702 5413895751 KLM Capital Inc. 9712 SW Alabama Street Tualatin, OR 97052 Contact: Sales Code 504050 504040 504150 Description Public Records Report Additional 'Chain Fee Government Service Fee- Eugene 3835,3857 & 3851 E Street, Springfield, OR Description: David NelsonlE Street, Spfd, OR PLEASE REFERENCE OUR INVOICE WITH PAYMENT, THANK YOU. Invoice Number: 0008433-IN Invoice Date: 10/25/2009 Order #: 50-29798 Customer Number: KLMCAPi Date Received: OCT 2 7 2009 Original Submittal Net Invoice: Amount 200.00 150.00 45.00 395.00 ~ Western TiUe&Escrow Western Title & Escrow Company of Lane County 497 Oakway Road, Suite 340 EUgene, OR 97401 Office Phone: (541) 485-3588 Office Fax: (541) 485-3597 PUBLIC RECORDS REPORT FOR PARTITION THIS REPORT IS FOR THE EXCLUSIVE USE OF: KLM Capital Incorporated Attention: David Nelson 9712 SW Alabama Street Tualatin, OR 97062 Date Prepared: October 26,2009 Report Number: 29798 Fee: $200.00 Additionai Chain Fee: $150.00 Local Government Lien Search: $45.00 CONDITIONS, STIPULATIONS AND DEFINITIONS (I) Definitions: (a) "Customer": The person or persons named or shown on this cover sheet. (b) "Effective date": The title plant date of October 20,2009. (e) "Land": The land described, speCifically as by reference, in this public record report and improvements affixed thereto which by law constitute real property. (d) "Liens and encumbrances": Include taxes, mortgages, and deeds of trust, contracts, assignments, rights of way, easements, covenants, and other restrictions on title. (e) "Public records": Those records which by the laws of the State of Oregon impart constructive notice of matters relating to said land. (II) Liability of Western Title & Escrow Company of Lane County: (a) THIS IS NOT A COMMITMENT TO ISSUE TITLE INSURANCE AND DOES NOT CONSTITUTE A POllCY OF TITLE INSURANCE, (b) The liability of Western Title & Escrow Company of Lane County for errors or omissions in this public record report is limited to the amount of the fee paid by the customer, provided, however, that Western Title & Escrow Company of Lane County has no liability in the eyent of no actual loss to the customer. (c) No costs of defense, or prosecution of any action, is afforded to the customer, (d) In any event, Western Title & Escrow Company of Lane County assumes no liability for loss or damage by reason of the following: ' Date Rec:J;V(3::!: Public Records Report Page lof 6 OCT I. 1 ?UG3 -~ W tOriaiOlll Sub:'..it:::.:_________ e s _-e T r I Title & Escrow Report No. 29798 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. 2. Any 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, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey would disclose. 5. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights or claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning iaws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (Ii) the character, dimensions or location of an improvement now or hereafter erected on the land; (i1i) a separation in ownership or a change in the dimensions or area of the land or any parcei of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at the effective date hereof. 8. Any governmental police power not excluded by (II)(d)(7) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at the effective date hereof. 9. Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the customer. (III) Report Entire Contract: Any rights or actions or rights of action that the customer may have or may bring against Western Title 8r. Escrow Company of Lane County arising out of the subject matter of this report must be based on the provisions of this report. No provision or condition of this report can be waived or changed except by a writing signed by an authorized officer of Western Title 8r. Escrow Company of Lane County. By accepting this form report, the customer acknowledges and agrees that the customer has been afforded the opportunity to purchase a title insurance policy but has elected to utilize this form of public record report and accepts the limitation of liability of Western Title 8r. Escrow Company of Lane County as set forth herei n. (IV) Fee: The fee charged for this Report does not include supplemental reports, updates or other additional services of Western Title 8r. Escrow Company of Lane County. Date Ree""i..",,,,, ~1.....,..,.;. OCT 1 7 2U PubliC Records Report Page 20f 6 .-0....0.. . - ubm....' ../ Origln9l-a ""~"___'''_'__ Western Titie&Escrow Report No. 29798 REPORT Report Number: 29798 Effective Date: October 20,2009 at 5:00 p.m. A. The land referred to in this public record report is located in the County of Lane, State of Oregon, and is described as follows: Parcel I: Parcell, Land Partition Plat No. 2006-P2017, recorded June 27, 2006, Document No. 2006- 044514, Official Records, in lane County, Oregon. Parcel II: Parcel 2, Land Partition Plat No. 2006-P2017, recorded June 27, 2006, Document No, 2006- 044514, Official Records, in Lane County, Oregon. Parcel III: Lot 29, THE ADAMS PLAT, as platted and recorded in Book 14, Page 3, Lane County Oregon Plat Records, in lane County, Oregon. B. As of the effective date and according to the public records, we find title to the land apparently vested in: William E. Curran, as to Parcel I, Trisha L. Edwards, as to Parcel II and KLM Capital Inc., as to Parcel III C. And as of the effective date and according to the public records, the land is subject to the following liens and encumbrances, which are not necessarily shown in the order of priority: Date Received: OCT 2 7 2009 Original SubmittFI Public Records Report Page 30f 6 ~ Western Tirle&Escrow Report No. 29798 1. Unpaid taxes for the year 2009-2010 Original Amount: $1,495.61 Tax Lot No.: 17023113 01101 Account No.: 1777232, Code 01900 (Parcel I) Unpaid taxes for the year 2009-2010 Original Amount: $2,213.28 Tax Lot No.: 170231 1301102 Account No,; 1777240, Code 01900 (Parcel II) Unpaid taxes for the year 2009-2010 Original Amount: $748.99 Tax Lot No.: 17 02 31 13 01200 Account No.: 0117141, Code 01900 (Parcei III) 2. An easement created by instrument, including the terms and provisions thereof, Recorded: May 18, 1938 Document No.: 61266, Lane County Records In favor of: William White and Bessie B. White (Parcels I and II) 3. Covenants, easements and restrictions, but omitting restrictions, if any, based on race, color, religion, national origin, or physical or mental handicap, imposed by instrument, including the terms and provisions thereof, Recorded: October 25, 1955 Document No.: 69198, Lane County Records (Parcel III) 4. An easement created by instrument, including the terms and provisions thereof, Recorded: March 6, 1963 Document No.: 2685, Lane county Records In favor of: City of Springfield (Parcels I and II) 5. Easements, conditions, restrictions and notes as delineated on the recorded plat. 6. Terms, provisions and conditions of easement, including but not limited to maintenance provisions contained in instrument Recorded: June 27, 2006 Document No.: 2006-044515, Lane County Records (Parcels I and II) 7. Improvement Agreement including Notice of Potential Assessment Lien, including the terms and provisions thereof, Recorded: June 27, 2006 Document No,: 2006-044518, Lane County Records (Parcels I and II) Date Received: OCT 2 7 2009 .~ Public Records Report Page 41@r~inal Submittal Western fitle&Esccow Report No. 29798 8, Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $148,000.00 Dated: December 12, 2006 Recorded: December 20,2006 Document No.: 2006-090970, Lane County Records Grantor: Michael W. Foumal Trustee: First American Title Insurance Beneficiary: Mortgage Electronic Registration Systems, Inc. solely as nominee for LoanCity, a California corporation MIN: 100058310019207192 (Parcel III) The beneficial interest was assigned by instrument, Recorded: December 19, 2008 Document No.: 2008-067127, Lane County Records To: LaSalle Bank, N.A., as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2007- OCITrust Appointment of Successor Trustee, Recorded: December 19, 2008 Document No.: 2008-067128, Lane County Records Successor Trustee: Kelly D. Sutherland, Shapiro & Sutherland, LLC Notice of Default and Eiection to Sell, Recorded: December'19, '2008 Document No.: 2008-067129, Lane County Records Date Set for Sale: April 23, 2009 Affidavit Package, including the terms and provisions thereof, Dated: Recorded: Document No,: April 14, 2009 2009-019071, Lane County Records 9. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $33,000.00 Dated: July 12, 2007 Recorded: August 3,2007 Document No.: 2007-054806, Official Records Grantor: Michael W. Foumal Trustee: Group 9, Inc. Beneficiary: Washington Mutual Bank Loan No.: 0682868443 (pa rcel III) 10. The effect of Deed from William E. Curran to William E, Curran, an unmarried man, Recorded: November 13, 2007 Document No.: 2007-076512, Lane County Records Date Receiv~:-:: Said Deed erroneously describes Parcel II herein. Public Records Report PageSof6 OCT 2 7 L J 'O~"I '11' W OtrQiC9!innaai1m6 'U ml a,__._________ eSt:rn Title&Escrow . , Report No. 29798 11. Deed of Trust, to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $142,000.00 Dated: August 22, 2007 Recorded: November 13, 2007 Document No.: 2007-076513, Lane County Records Grantor: William E. Curran, an unmarried man Trustee: Fidelity National Title Insurance Co. Beneficiary: Countrywide Bank, FSB (Parcel I and erroneously encumbers Parcel II) 12, Trust Deed to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $104,000.00 Dated: February 20, 2008 Recorded: February 20, 2008 Document No.: 2008-009290, Lane County Records Grantor: Titan Development, LLC and Oregon limited liability company and Rosemont Villas LLC, an Oregon limited liability company Trustee: Western Title & Escrow Company of Lane County Beneficiary: KLM Capital Inc (Parcel III and additionai property) Appointment of Successor Trustee, Recorded: June 3, 2009 Document No.: 2009-029974, Lane County Records Successor Trustee: First American Title Insurance Company of Oregon 13. Trust Deed, to secure an indebtedness in the amount shown below, and any other obiigations secured thereby: Amount: $184,594.00 Dated: May 11, 2009 Recorded: May 15, 2009 Document No.: 2009-026395, Lane County Records Grantor: Trisha L. Edwards Trustee: First American Title Insurance Company Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for Hyperion Capital Group, LLC MIN: 1003072-0000046474-7 (Parcel II) END OF REPORT Any questions concerning the Public Records Report should be directed to Jerrilyn Egger at 541- 431-3710, or email atiegger<qJwe.terntitle.com. Date Received: OCT 2 7 2009 ,~ Western Tii;eHscrolV Public Records Report Orig;igelsStJ@mittal ~ Western Title&Escrow Compliments of Western Title & Escrow Company. 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Date Received: OCT 2 7 2009 Original Submittal :;~' ,'" Recorded at the request of and after recording return to: Branch Engineering, In~. 310 Fifth Street Springfield, OR 97477 DECLARATION OF PRIVATE JOINT USE ACCESS, PRIVATE UTILITY AND PRIVATE STORM DRAINAGE EASEMENTS The true and actual consideration for this declaration is other than monetary, RECITALS: I) WILLIAM E. CURRAN, TRISHA L. EDWARDS, AND KLM CAPITOL INC., Grantors, are the owners of the lands described in the Deed that was recorded November 13, 2007 at Recorder's Number 2007-076512, in the Statutory Warranty Deed that was recorded May 15, 2009 at Recorder's Nlimber 2009-026394, and in the Estoppel Deed that was recorded March 9,2009 at Recorder's Number 2009-011 755, respectively, all in the Official Records of Lane County, State of Oregon, herein after referred to as DECLARANTS. , 2) The owners are dividing said real property into six lots as shown on Rosemont Cottages as platted and recorded on . 2009 in Lane County Oregon Plat Records. 3) The owners desire to create easements and define maintenance responsibilities on certain areas and facilities for the benefit of future owners of the lots as described below. DECLARATION OF EASEMENTS: A) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 2, 3, 4, and 5 over that certain area designated as "28.00' PRIV ATE JOINT USE ACCESS, UTILITY AND DRAINAGE EASEMENT" on said subdivision plat as said easement lies in Lots 1, 2, 3, 4, 5, and 6 for private access and utility purposes. B) Easement Created: DECLARANTS hereby create aperpetual easement for the benefit of Lots 2, 3, 4, 5 and 6 over that certain area designated as "28.00' PRIVATE JOINT USE ACCESS, UTILITY AND DRAINAGE EASEMENT" on said partition plat as said easement lies in Lots 1, 2, 3, 4, 5, and 6 for private storm drainage and treatment purI>oses. ' C) Exclusion ofPUEs: Notwithstanding. any other language herein, these easements do not allow the placement of private utilities within any Public Utility Easement except for crossmgs, D) Use of the Burdened Pronertv: The owners or occupiers of the lots affected by these easements shall have the right to use their property, including the areas described as the easements, for any purpose as long as the owners or occupiers do not interfere with the use of the easements as granted by this instrument. No vehicle parking or storage of vehicles shall be allowed by any party within the easement area, including the agents, employees, tenants, and invitees of said owners. E) Maintenance and Renairs: The cost of any maintenance or repair of the driveway and storm drainage improvements within the easement area shall be split equally between the owners of Lots 2, 3, 4, and 5. The cost of any maintenance or repair of private utilities lying within the easement areas will be the responsibility of the owner of the respective facility. F) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of Lots 1, 2, 3, 4, 5 and 6 of said subdivision, and are intended to be covenants and restrictions running 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 any of the aforementioned lots. Date Received: OCT 2 7 2009 Original Submittal DECLARATION OF PRIVATE JOINT USE ACCESS, PRIV ATE UTILITY AND PRIVATE STORM DRAINAGE EASEMENTS Page 1 of2 . . IN WITNESS WHEREOF, I have executed this DECLARATION OF ERIVATE JOINT USE ACCESS, PRN A TE UTILITY AND PRIV ATE STORM DRAINAGE EASEMENTS on this ~ 7f~ "'nl',"b'" ,2009. William E. Curran A ~Q~A rwards ,c David Ne ~n as <t'il..l9ll'Gr'~ ofKLM Capital Inc. STATE OF OREGON ) )ss County of Lane ) On this ~3 day of <I, il ",f,.", b.,., . 2009, before me personally appeared William E. Curran and acknowledged the foregoing instrument to be his voluntary act and deed. ~","" ", - - - OiFitiALSE;c-----';. ;~ !..", ANGELA ERWIN, '. :" \\\. ,/ NOTARY PUBLIC. OREGON I' ":" COMMISSION NO. 421788! :.,,)~~t~M~SS':O~ ~P~~ ~E':l~!.E~~~~.~ au,~l~ Notary Sigilature c ' ~u......~ , .. Q'nq",.lo .?("u..;"~ , )'Printed Name of Notary , Notary Public - Oregon STATE OF OREGON ) )ss ) ..i'" County of Lane On this 2. C;, day qf S.hd-f'~ I.d v .2009, before me personally appeared Trisha L. Edwards and acknowledged the foregoing instrument to be her voluntary act and deed. ==" . -- - - -----';"< . '=9i! w."... . OFFICIALSEAC. f yl,' ',' ANGELA ERWIN ",'i ,~, NOTARY PUBLIC - OREGON ' '" ,~ COMMISSION NO. 42178B" ;i1 MY COMMISSION EXPIRES SEPTEMBER 26, 2011 ~';'=-=::'--- _. ~- -~ - -....- a UJL ~v~"" Notary Si~ature .... ~ :. (4""",.l0.. 20"";""" ,Printed Name of Notary Notary Public - Oregon STATE OF OREGON ) )ss County of Lane ) On this .11 dayof~o,. Nelson as '? ~'.. _ of KLM instrument to be their voluntary act and deed. , 2009, before me personally appeared David Capitol, Inc. and acknowledged the foregoing 1_-- - - - ------ ------J-' . OFFICIAL SEAL BRENDA LEE CARUN '.. " NOTARY PUBLIC. OREGON , COMMISSION NO. 416749 MY COMMISSION EXPIRES JUNE 7. 2011 ~~____~_._____~_ ____~a, ~~1. C a..L Notary Signature _B,..~,.,J.c.... L.t!. Printed Name of Notary Notary Public - Oregon '(?a/\irL.o ' Date Received: DECLARATION OF PRIVATE JOINT USE ACCESS, OCT 2 7 2009 PRIVATE UTILITY AND PRIVATE STORM DRAINAGE EASEMENTS Qrifjirnl SI,lbmittClI , , Page 2 of2