HomeMy WebLinkAboutApplication APPLICANT 12/21/2009
<
- '.
,,;
:City of Springfield ,
Development Services Department
225 Fifth Street
Springfield, OR 97477
PrOperty Line Adjustment
~4'11
. ~ . .....
_ L<>AJ,') l~fYh~
"h LJ,dJ!M/!/A Stt'lte<linti
, II "J Jr>
"'lcbE6. /YlY>iArr,p U. ZWj~l'Ie
CJf;J - /'/1/ C
IFax: 1'?'l-JtJi/Z-
17t/tJz-
Applicant Name:
Icompany:
IAddress: '
I - c ,-_, ,~
IAPPlicant's'Rep.:
Icompany:
IAddress:
t!) (2.
" -- -"--"- -~ -",-, -'
bAvi~/l~JJ,yv~ '
b LJI2//rn11A~ ~L.VI'/eLj ;1)<;
<j?'68b /)m)~p Dr: u~~ene-
Phone:
Fax:
4<- 1'7-102..
qglj- /t/'/Z
Qg1-t<Nz.
,
I '. PROPERTY 1
IAssessors Map #: /7 - 0 3 ~ ~\(., -I =-, ITax Lot #: (!) a::1 aD
I Property Address: q:J,f') (J k,t-. I
[property Owner: (?vv/i/e. D~ If? f L ynJa. L. fJr()ri!. -rr Phone:5'11-.?o7.-o97'-t
Icompany: ,Fax: , '
[Address: 9'80 Q Sr.
,
I PROPERTY 2
IAssessorsMap#: 17 J() ~-::1I~"'13 ITaxLot#: (')()J()/
I Property Address: q'Lf 'I- ~ 'f:)t-.
I Property Owner: Ttth /1J (a- tIu e-r tlL- t> &;.sP. -r An; IPhone: 7'1/ - Lf g J i.J
Icompany: . Fax: .
IAddress: ' ctLfLf QSi.
, .
I Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal:
Si natures: Please si
I
L
Associated Applications:
Ica~eNo.: <;(J~1Doq -'t()n 2 ~ -I Date: I J-j J-r! 6ql Reviewed by;h. iA\,{ A ~
IAPPlication Fee: $ lOLS,DO . ITechnical Fee: $ ~ ,./S Ipostage Fee: $0
!TOTALFEES: $ $(05(;/, IS 1 PROJEC~ NU~~~ Rex!'.'~~'
1'':'!'1 n ~ 'lr~!l
4J'-\.t l I Lu...J
Revised 1/1/08 Molly Markarian
1 of 4
Orlg!nal Oui;lmi.ti;,;
,.
1>
Signatures
. 'The under~igned acknowledges that the information in this application is correct and accurate.
APplican~. - ,
. ~-::J J-IL~.J!. ,,', Date: 11-17--- 09
Signature
~aA"''/ tJe//rn&Y;
Print
Property
Owner 1:
If the applicant is not the owner, the owner hereby grants permIssion for the applrcant to act In his/her behalf.
~~.~__C
(JVV/'I!e. ])ct.fe Prock Date: 11 -/7 -0 q
Signature
lJ YO I ''t/~ _ ,7Ja Ii? - E/J(.!(
Print ..
If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 2:
fh (P /(11 ~ ~/ itr (i' t.91.J'r7
Ignature
'- ~ ,<.2..., I J fh- t1 k. D---->
Print ...J
Date:
//--fT-OC;
Date Received:
DEe 2 1 2009
Original Submittal
Revised 1/1/08 Molly Markarian
20f4
-.:-.. . .~ ,-,#"'"
Property Line Adjustment S'rtbmittal Requirements Che~!trlst '
NOTE: If you'feel an item does not apply, please state the reason why and attach the
explanation to this form,
~
~0Z.3
~
~
~
~
~
~
Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula, A copy of the fee schedule is available at the Development Services
Department, The applicable application, technology,.and postage fees are collected at the
time of complete application submittal.
Property Line Adjustment Application Form
Copy of the Deed for all properties involved in the property line adjustment,
Copy,of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances for all properties involved in the property line
adjustment, '
Draft of the Property Line Adjustment Deeds in compliance with.ORS 92,010 and
92,190(4), Recording of these deeds with Lane County shall be a condition of approval.
Narrative expiaining the purpose of the proposed development, the existing use of the
property, and any additional Information that may ha've a bearing in determining the
action to be taken, including findings demonstrating compliance with SDC5,16-125,
Property Line Adjustment Criteria,
Three (3) Copies of a Preliminary Survey including the following:
~ Prepared, stamped, and signed by an Oregon licensed land surveyor
[tI Scale appropriate to the area involved and the 'amount of detail and data
18 North arrow, date of preparation, and title, i.e, Proposed Pr;operty Line
Adjustment Survey
1'8 Boundaries of the lots/parcels involved, including dimensions and area
~ Zoning and pian designation of the lots/parcels
[29 Existing property line and proposed property line, clearly differentiated by line:
type
lEI Location and outline to scale of all existing structures, including required
setbacks from current property lines and proposed property lines
53 Location, widths, and names of all existing streets, alleys, or other rights-of-way
within or adjacent to the lots/parcels and the location and width of driveways
~ Location of all public and private easements and utility lines within or crossing
the lots/parcels, For properties outside the city limits, location of ail septic
tanks and drain fields,
[2J Reference to the recorded Subdivision or Partition by name or reference number
and blocks, lot/parcel numbers, where applicable
Date Received:
DEe 2 1 2009
Original Submittal
Revised 1/1/08 Molly Markarian
4 of 4
225 Fifth Street
Springfield, Oregon 97477
54] ~ 726-3759 Phone
.Job/Journa'"N umber
SUB2009-00025
SUB2009-00025
Payments:
Type of Payment
Check
CreditCard.
Job/Journal Number
SUB2009-00025
SUB2009-00025
Payments:
Type of paymen{
Check
CrectitCard
cReceintl
RECEIPT #:
C' ~f Springfield Official Receipt
D~,elopment'Services Department
Public Works Department
220090000000000]4]4
Date: ]212112009
Description
CT,Y property Line Adjustment
+ 5% Technology Fee
Paid By
D WELLMAN SURVEYING
KENNETH CARVER
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
emm
emm
4618
In Person
672021 In Person
Payment Total:
Description
CTY Property Line Adjustment
+ 5% Technology Fee
Paid By
D WELLMAN SURVEYING
KENNETH CARVER
Item Total:
Check Number Authorization.
Received By Batch Number Number How Received
emm
emrn
4618.
In Person
67202 I In Person
Payment Total:
Date Received:
DEe 2 , 2009
Original Submittal
., ~
Page 1 of 1 .
2:28:42PM
Amount Due
623.00
3L15
$654,15
Amount Paid
$623.00
$3 LIS
$654,15
Amount Due
623.00
3 LIS
$654,15
Amount Paid
$623.00'
$3Ll5
$654,15
12/21/2009
\...11 :t: OF'sr NNu~.~LD
VICV~II i MAP
SUB2009-00025
930 & 944 "Q" Street
~
CJ
00
-i
I
(Jl
-i
,
'l~'. ,-~
m OCRSIJCST---t
~
1-105
\_105
-
~
~..~
Map 17-03-26-13
Tax Lot 200,101
North
+-
[II]
Date Received:
DEe 2 I 2009
Original Submittal
Narrative for proposed property line adjustment
Prock - Huerta
Map No, 17-03~26-13 Tax Lots #101 & #200
930 and 944 "Q" Street, Springfield, OR
The purpose of this property line adjustment is to more appropriately place the common property line
between the two subject properties to better accommodate the existing conditions, The garage on the
westerly parcel was built over the existing property line in errOL A ] 0 foot wide parcel was sold to the
neighbors to the east by mistake which caused this problem, This adjustment will place the property
line approximately 5 feet from this garage to meet setback standards, The adjoining property has an
existing carport near the new line, This adjustment places the new property line in between this
carport and the new garage on the westerly parceL
This proposal does not create anew lot or a land-locked parcel: It does not reduce any parcel below
the minimum dimensions allowed by code in a residential area.
D, Wellman Surveying
90686 Northrop Drive
Eugene, Or 97402
Date Received:
DEe 2 1 2009
Original Submittal
e, I,'
"
~
Western Title&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:
D. Wellman Surveying
Attention: Dave Wellman
90686 Northrop Drive
Eugene, OR 97402
, Date Prepared: November. 20, 2009
Report Number: 30698
Fee: $200,00
Local Government Lien Search: $30.00
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 November 16, 2009.
(c) "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": Incl~de taxes, mortgages, and deeds of trust, contracts,
assignments, rights of way, easements, covenants, and other restrictions on title.
(e) "Public records": Those re'cords which by the laws of the State of Oregon impart
constructive notice of matters relating to said land,
Date Received:
DEe 2 I 2009
Original Submittal
"".
T
.....
Public Records 'Report
Page lof 6
Weste.rn T..",!,.u,,,,'
Report No. 30698
(II) Liability of Western Title 8t Escrow Company of Lane County:
(a) THIS IS NOT A COMMITMENT TO ISSUE ,TITLE INSURANCE AND DOES NOT
CONSTITUTE A POLICY OF TITLE INSURANCE.
(b) The liability of Western Title 8t 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 8t Escrow Company of Lane
County has no liability in the event 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 8t Escrow Company of Lane County assumes no
liability for loss or damage by reason of the following:
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 laws, 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; (iii)
a separation in ownership or a change in the dimensions or area of the land or any
parcel 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, agree'd to or actually known by the customer,
Date Received:
DEe 2 f 2009
Original Submittal
/""""''''"~',-
PubliC Records Report
Page 20f 6
Western
"'(,-'
Report No. 30698
(III) Report Entire Contract:
Any rights or actions or rights of action that the customer may have or may bring against
Western Title & 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 & Escrow Company of Lane County, By accepti ng 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 & Escrow Company of Lane County as set forth
herein.
(IV) Fee:
The fee charged for this Report does not include supplemental reports, updates or other
additional services of Western Title & Escrow Company of Lane County,
Date Received:
DEe 2 1 2009
Original Submittal
-' .~.."
Public Records Report
Page 30f 6
Western
,. i' :~- ,~ I ", . ,'"
Report No. 30698
REPORT
Report Number: 30698
Effective Date: November 16, 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:
SEE ATTACHED EXHIBIT "A"
B. As of the effective date' and according to the public records, we .find title to the
land apparently vested in:
Orville Dale Prock and Lynda L. Prock, Trustees or their Successors in Trust under The Prock
Living Trust, dated February 27, 1997, as to Parcel I and Fabiola Huerta and Jose L Arciga,
as tenants by the entirety, as to Parcels II and 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: .
L Note: 2009-2010 TAXES ARE PAID IN FULL and are being shown for informational
purposes only, This exception will not be shown on a title insurance policy,
Original Amount: $1,569,91
Tax Lot No,: 17 03 26 13 00200
Account No,: 0214633, Code01900
Note: 2009-2010 TAXES ARE PAID IN FULL and are being shown for informational
purposes only, This exception will not be shown on a title insurance policy.
Original Amount: $2,104,86
Tax Lot No,: -1703 26 1300101
Account No.: 0214617, Code 01900
2. The rights of the public in and to that portion of the herein described property lying
within the limits of roads and highways,
3, An easement created by instrument, including the terms arid provisions thereof,
Recorded: March 16, 1925
Volume 142, page451, Lane County Records
In favor of: City of Eugene, Oregon
4, An easement created by instrument, including the terms and ..provisions thereof,
Recorded: March 28, 1980
Document No,: 80-15574, Lane County Re<:;ords
In favor of: Northwest Natural Gas Company
(Affects Parcels II and III) Date Received:.
DEe 2 1 2009
Public Records Report
Page40f 6
OriginaiSubmittal
...-./" '--""'"->.- -'
Western
Report No. 3,0698
5, An easement created by instrument, including the terms and provisions thereof;
Recorded: March 28, 1980
Document No,: 80-15575, Lane 'County Records'
In favor of: ,Northwest Natural Gas 'Company
(Affects Parcels II and III)
6. Deed of Trust, to secure an indebtedness In the amount shown qelow, and any other
obligations secured thereby:
Amount:
Dated:
Recorded:
Document No,:
Grantor:
$108,000,00
October 17, 2001'
October 19, 2001
2001-069329, Lane County Records
Fabiola Huerta and Jose L Arciga,
wife and husband
Western Title
Wells Fargo Home Mortgage, Inc.
Trustee:
Beneficiary:
(Affects Parcels II and III)
END OF REPORT
Any questions concerning the Public Records Report should be directed to Jerrilyn Eggerat
541-431-3710, or email atjeooerlalwesterntitle.com. . .
Date Received:
DEe 2 1 -2009
Original Submittal
."....,
Public Records Report
Page Sof 6
Western
I ~_ ":;. L . \ 1
. -,- . -
,
Report No, 30698
Order No, 30698
Exhibit "A"
Parcel'!:
Beginning at a point 889.415 feet East of the Southwest corner of The William C. Spencer
Donation Land Claim No, 50, Township 17 South, Range 3 West of the Willamette Meridian, in a
line of the county road; thence North 160 feet on a line parallel with the West line of Donation
Land Claim No, 50, thence East 100 feet, thence South 160 feet, thence West to the place of
beginning, in Lane County, Oregon, ,
EXCEPT the East 10 feet of the even width of the above described real property deeded to Ailen A,
Rodakowski by Deed recorded March 28, 1984, Reel 1290, Reception No. 84-11506, Lane County
Oregon Deed Records,
Parcel II:
Beginning at a point 889.412 feet East of the Southwest corner of Donation Land Claim No. 50 on
a line ofthe County Road, Township 17 South, Range 3 West ofthe Willamette Meridian; thence
East 100 feet to the true point of beginning; thence North 160 feet; thence East 100 feet; thence
South 160 feet; thence West to the place of beginning, situated in Lane County, Oregon,
Parcel III:
The East 10 feet of the even width of the following described real property:
Beginning at a point 889.415 feet East of the Southwest corner of the William C. Spencer
Donation Land Claim No, 50, Township 17 South, Range3 West of the Willamette Meridian, in a
line of the County Road; thence North 160 feet on a line parallel with the West line of Donation
Land Claim No, 50; thence East 100 feet; thence South 160 feet; thence West to the place of
beginning, in Lane County, Oregon. .
Date Received:
DEe 2 1 2009
Original Submittal'
~ ".
/'~' '.
Public Records Report
Page 60f 6
Western
I
-'
~'
971752<1
WARRANlY DEED RERECDRDEll TO CDRRECr LEGAL DE:SCRIITlON
j','
I
i
I
!
r
::.:
Date Receiveg:
i',' .
DEe 2 1 2009:
I
',','.' ,
-!
,
'" _ _ _ _ _ ___ _, _ _ _ _ 'll
~-""""""_."'-"'~"._"""'.Ir"'.Ji2!""[""~-"""-"""-''''_'..............~.i
9722107
(0 ORVILLE DALE PROCK and LYNDA L PROCK, husband and wife, Grantors, convey and warran,llo
10 ORVlliLE DALE PRQCK and LYNDA L PROCK, trustees or their successors in trust under the
PROCK LIVING TRUST, dated Februllry 27,1997, and any amendments thereto, Grantees, the following
described reaJ property free; of encumbrances except as specifically set forth herein situated in Lane
County, Oregon, to-wit:
SEE EXHIBIT "A" ATTACHED HERETo AND BY THIS REFERENCE INCORPORATED HEREIN.
TIle liability and obligations of the Grantors to Grantees and Grantees' heirs and assigns under the
warranties and covenants contained herein or provided by law shall be limited to the amount, nature, and
terms of any right or indemnification available to Grantors under any litle insurance policy, and Grantors
sh<all have no liability or obligation except to the extent that reimbursement for such !iability or obligation
is available to Grantors under any'such tille insurance policy.
The true consideration for this conveyance is: $.0-. (Here comply with the requirements of ORS 93.030)
Diner vRhmhl~. ('onsideration;
THIS INSTRUMENT 'Will NOT "UOII USE Of THE P~OPE~TY DEsnlBED IN THIS IIIST~U'iENT IN VIOl"TlON OF "PPLICABlf LAND USE LAVS AND
REc.uLATIONS. Befo~e-S'CNINGo,q ACCEPTING THIS INSTRUMENT THE PERSON ACOUIRIWC fEE TITLE TO THE PROPERTY SNIX!LO CNEC( IiITH THE
APPROI>RI~TE CITY OR COUNTY PL,I,IlNllllj OEPARHIEIITS TO VERln APPROVED USES; ~ND TO OETERHINE A1lr WllTSOI/'L~\iSIJJlS AGAINST FARMIIIG
01( fOl{ESTPRACTICfSASDHlIlEO IN ORS 30.930. - .
Dalcd lhis February 27, 1997.
~A:::--T2~j
OrvilleD.::Jlc Prock
~>>r4'(t.d!~
Lynda L Prock
:2~~APR. 02'91~06REC
~fi~APR. 02' 971l06PFUNO
10,00
10,00
STATE OF OREGON, County of Lone
)ss,
Personally appeared the above named Orville Dale Prock and Lynda L. Prock, and ack~owJ~dged the
foregoing instru~ment.to b; th~eir ~O]"!/1t ry ~ct and, de~d Ilhl)i~'1='p.hr'lncy ?o7m~~~~SEAL' . ..
B r, ,,_:JIll MIL TON e, GIFFORD
e ore m~. . - .-- - - . NOTARV PUBUC-oAEGON
Notarv Public for erorf COMMISSION NO. 032686
. OJ . MY COMMISSION EXPIRES APRIL 15. 19S8 ocro<i>IS..I)
WARRANlY nEPn
Orville Dale Prock llnd Lynda L Prock, lruslees
Dced-Dellvcrcd to, (Grunlee's Address, Zip)
AnerreC'Onlfnc rerum (0:
MUton E. Gifford, P.c.
1807 East Main Slfcct
Collage Grove, OR 97424
. VnlJl 11 chDnc!: Is rcquCSlcd, 011 lax st:llcmcnLs
sholl be sent to the following audress;
Orville Dale Prock and Lynda L Prock, ItuSlccs
930 'Q" Streel
Springfield,OR97477
!Q.!!~R.14'97ij07REC 10.00
~~~;ln;ii;illiN'uND lS:~
"
I
I
0" .' ,-.lth...,.,',I.......!
ngtn<;; _,..;_""H."
I
l\il!1ili"'''''''''""'''' "':" ,,,,,
PARCRL t: 930 "Q" Street
.9722107
EXHIBIT "A"
9717524
~
Beginning at S' pOint 889:.US feel East ofthc SoulhwC$1 corner of the William C. Spencer
Danallan Land Claim No. 50. TownshIp 17 South, Range J WCSI of Ihe WilIamclle Meridian,
in B line of the'County Road, thence Nanh 160 feel on a fincpamIJel willi Ihe Wcslline of
Donatioll Land Cla(m No. 50, thence East 100 feel. lhcnccSouth 160 feci, thenCe West 10
the place of beginning, in Un<: County, Oregon.
EXCEPT Ihe East 10 feet of llie eVlln widlh of Iheabo\'c dcscribcd'rca].propcny deeded 10
Allen A. RodakowskJ by deed recorded March 28, 1984, RccI1290, Rccepllorl No. 84-11506,
Lane County Oregon Deed Records.
SUBJECT TO: Encumbrance of (("/;Ord 10 Washingfon MUUial, strcccs, cilScmenC5, CQVCIl8fi(5
and rCStrictions of record and rights of the public therdn.
PARCFL 2; 944 "Q" Street
Beginning III a poinl 889A12 fett EnSI of the Soulhwcst corner of Donation und Claim No. .
50 on n!Jne of the Counly'Road, Township 17 Soulh, Range 3 West of the Willameue
Meridian, lhcncc C.JSf 100 fCCllo Ihe jruc poin! of beginning; (/rence North 160 {cel, (hence
E.'lst too fCCI, thcncc Soulh 160 [eel, lhenec Wc.<;1 to the place of beginning situated in unc
Counl)', qregon.
SUBJECT TO: Encumbrance of record to Washington MUlual, strects, easemenls, covenanlS
;md'rCSlrfcllon.s of record and rights of the public therein.
ALSO INCLUDING: The East 10 feet of even width of Ihe following described real property:
BeginnIng 01 Q point 889.415 fect,East of the Southwcst corner of the William C. Spencer Donation
Land Claim No. SO. Township 17 SOUlh, Range 3 WcsLofChc WiIlameae Meridian, in 11lincO(lbc
Couney Rood; thence North 160 feet on ll. line parallel with lhe West !lnt of DonatJon Land Claim
.No. 50;'thence But JOO feCI; ,htnceSOI.l-th 16n fuel; thCIICl:WCSt to rn.e t'IOce of Beglnnlns, In Lone
Counly,Oregon; ;::
.G N
1l~ ~
~~1 ~
.2~" .:c:::
~g,g..9 ~
c I .G.'S I r-
o ~ ~ 3''' 'T'
~.50 ~:
0- 2;'''' ~
0<: ~_
~~L!
~ ~ -s s~..
U)U~a.6
~
] :j8
a:~ _\.
'd'~.""!
~ ~~N
C\I !5 "-<:
d~
Slate of Oregon
County of Lane - 55.
I. lhq CoUrlt;> Clcrk,'lrl and ror Ihc lilid
CounlV:do hcrcbycCrlllYlhal(hewllhirl
!rm~nlwo!srccciVcujo(rCCOfdal
I
I
"
I,
I
'97 APR ,2 ~M 9:42
R~cl 2280R
L1.neCCI\lnlyOFFlClAlRccords
L1.neCoun(yOerk
By, U;fl---! ----L,-f,jl
CounlyClcrk
I Date Received
s "
....
DEe 2 1 2009 ,
i.'.
Original Submittal 'I,'
>
"
I
.'
....
. .,'
-. '.
'-,'
-.J
...... .., "~'-"'~.ii:r.'""~"~-'.~-"'''~-~ill'~'"'''''i;~''''''~--'''-' i'~"""'" "'l!--"ilf'-""---""~
., .1,
Send Tax Statements To:
Orville Dale and Lynda L. Prock
930 Q Street
. Springfield, Or 97477
After Recording Return To:
Same As Above
PROPERTY LINE ADJUSTMENT DEED
Orville Dale Prock and Lynda L. Prock as trustees qfthe Prock Living Trust dated February 27: 1997
(Procks - Parcel I) and Fabiola Huerta and Jose L Arciga (Huerta and Arciga - Parcel 2) are the
owners of two adjoining parcels of property referred to herein as Parcell and Parcel 2. Huerta and
Arciga, and Procks are setting forth this declaration to set adjusted boundary lines between these
identified parcels to comply with Lane County Land Use Regulations and the provisions ofORS
92,190(4),
WHEREAS: The declarants wish to perform a property line adjustment between the subject parcels,
WHEREAS: The reference to the legal description of Parcel I prior to this adjustment is a portion of
Section 26, Township 17 South, Range 3 West, W,M" recorded on Reel 2280,
Instrument No, 9722107, Lane County, Oregon Deed Records dated April 2, i 997,
Reference Exhibit A,
WHEREAS: The reference to the legal description of Parcel 2 prior to this adjustment is a portion of
Section 26, Township 17 South, Range 3 West, W,M" recorded on Document No,
2001-069328, Lane County, Oregon Deed Records dated October J 9, 2001. Reference
,Exhibit C"
WHEREAS: The followirig descriptions are provided in order to re-describe each adjusted parceL
The new line portion of each description is underlined to highlight the new adjusted
property line between parcels, The new parcel descriptions are included as Exhibit B
(Parcel I) and Exhibit D (Parcel 2), The area of land to be conveyed is described in
Exhibit E,
THEREFORE: Huerta and Arciga declare, convey, and execute the following property line
. adjustment. By operation of this property line adjustment, the land described ih Exhibit
E i~ granted to the Prock Living Trust by Huerta and Arciga,
The True Consideration for this conveyance is $
, and other considerations,
Date Received:
DEe 2 1 2009
Original Submittal
,
EXIllBIT A
Description of Parcell - Prock property
(before adjustment ~ identified as Map No. 17-03-26-13 Tax Lot No. 200)
Beginning at a point 889.415 feet East of the Southwest comer of the William C. Spencer
Donation Land Claim No, 50. Township 17 South, Range 3 West of the Willamette Meridian,
in a line of the County Road, .thence North 160 feet on a line parallel with the West line of
Donation Land Claim No, 50, thence East 100 feet, thence South] 60 feet, thence West to the
place of beginning, in Lane County, Oregon,
EXCEPT the east 10 feet of even width of the above described real property deeded to Allen A.
Rodakowski by deed recorded March 28, 1984in Reel 1290, Reception No, 84-] 1506. Lane
County, Oregon Deed Records,
SUBJECT TO: Encumbrance of record to Washington Mutual, streets, easements, covenants,
and restrictions of record and rights of the public therein,
EXIllBIT B,
Description of Parcell
(after property line adjustment)
COMMENCING at a point 889.415 feet East of the Southwest corner of the William C,
Spencer Donation Land Claim No, 50, Township] 7 South, Range 3 West of the Willamette
Meridian, in a line of the County Road (Marcola Road - "Q" Street); .
Thence North 00000' 12" West 30,00 feet to the northerly right-of-way of"Q" Street being
marked by a 5/8 inch rebar with yellow plastic cap marked "D,H, Wellman PLS 2163"
(Wellman cap), and further being the POINT OF BEGINNING;
Thence continuing North 00000']2" West 10,00 feet to a point being the southeast comer of
Lot 6, Fuchsia Gardens as platted and recorded in Book 29, Page ]4, Lane County Oregon Plat.
Records, said point being referenced by a % inch iron pipe bearing South 00000'12" East 0.43
feet;
Thence continuing along the east line of said Lot 6 North 00000' 12" West 119,74 feet to a point
referenced by a Y2 inch iron rod bearing South 00000' 12" East 0,84 feet, said point also being
the northeast corner of said Lot 6;
Thence along the south line of aforementioned Fuchsia Gardens North 89058' 53" East 96,58
feet to a 5/8 inch iron rod with "Wellman cap";
Thence South 00001 '59" West 129,78 feet to the northerly right-of-way of"Q" Street being
marked by a 5/8 inch iron rod with "Wellman cap";
Thence along said northerly right-of-way West 96.49 feet to the POINT OF BEGINNING, all
in the city of Springfield, Lane County, Oregon,
This description is based on County Survey File No,
Date Received:
DEe 2 1 2009
Original Submittal
'-
",
EXHIBIT C
Description of Parcel 2 - Huerta and Arciga property
(before adjustment - identified as Map No. 17-03-26-13 Tax Lot No. 101)
Beginning at a point 889.412 feet East of the Southwest comer of Donation Land Claim No, 50
on a line of the County Road, Township 17 South, Rangl:: 3 West of the Willamette Meridian;
thence East 100 feet to the true point of beginning; thence North 160 feet; thence East 100 feet,
thence South 160 feet, thence West to the place of beginning, situated in Lane County, Oregon.
ALSO the east 10 feet of even width of the following described real property deeded to Allen
A, Rodakowski by deed recorded March 28,1984 in Reel 1290, Reception No, 84-11506, Lane
County, Oregon Deed Records,
Beginning at a point 889.415 feet East of the Southwest comer of the William C. Spencer
Donation Land Claim No, 50, Township I i South, Range 3 West of the Willamette Meridian,
in a line of the County Road.~thence North 160 feet on a line parallel with the west line of
Donation Land Claim No, 50, thence East 100 feet, thence South 160 feet, thence West to the
place of beginning, in Lane County, Oregon,
Excepting therefrom that portion dedicated as a public road,
EXHIBIT D
Description of Parcel 2
. (after property line adjustment)
COMMENCING at a point 889.415 feet East of the Southwest comer of the William C.
Spencer Donation Land Claim No, 50, Township 17 South, Range 3 West.ofthe Willamette
ty1eridian, in a line of the County Road (Marcola Road - "Q" Street);
Thence East 96.47 feet;
Thence North 00001 '59" East 30,00 feet to the northerly right-of-way of"Q" Street being
marked by a 5/8 inch rebar with yellow plastic cap marked "D,H, Wellman PLS 2163"
(Wellman cap), and further being the POINT OF BEGINNING;
Thence continuing North 00001 '59" East 129,78 feet to the south line of Fuchsia Gardens as'
.platted and recorded on Book 29, Page 14, Lane County Oregon Plat Records, being marked by
a 5/8 inch iron rod with "Wellman cap"; .
Thence along said south line of Fuchsia Gardens North 89058'53" East 103.42 feet;
Thence leaving said south line South 00004'10" West 129,81 feet to the northerly right:of-way
of"Q" Street being marked by a 5/8 inch iron rod with "Wellman Cap";
Thence along said northerly righhof-way North 90000'00" West 10334 feet to the POINT OF
BEGINNING, all in the city of Springfield, Lane County, Oregon,
This description is based on County Survey File No,
Date Received:
DEe 2 1 2009
Original submittal
'-
Date:
,2010
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE
PROTECTION DISTRICT PROTECTING STRUCTURES, THE PROPERTY IS SUBJECT TO
LAND USE LAWS AND REGULATIONS, THAT, IN FARM OR FOREST ZONES, MAY NOT
AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LA WSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30,930 IN ALL ZONES,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER I,
OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)), BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIA IE CIJY OR COUNTY PLANNING DEP AR.TMENT TO
VERIFY APPROVED USES, THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES
AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER I,
OREGON LA WS 2005 (BALLOT MEASURE 37 (2004)),
Orville Dale Prock - Trustee
Lynda L Prock -Trustee
STATE OF OREGON )
)ss,
County of Lane )
On , 20 10, personally appeared the above named Orville Dale Prock and
Lynda L Prock, did dispose and say that they are the Trustees ofthe Prock Living Trust, the trust
described in and which executed the foregoing instrument, and are authorized as Trustees to execute
this agreement and upon oath swore that the statements therein were true and correct.
Notary Public for Oregon
My Commission Expires:
Declarant ~ Fabiola Huerta
Declarant - Jose L Arciga
STATE OF OREGON )
)ss,
County of Lane )
On ,2010, personally appeared th'e above named Fabiola Huerta andJose L
Arciga and acknowledged the foregoing instrument to be their voluntary act and deed,
Date Received:'
DEe 2 1 2009
Notary Public for Oregon
My Commission Expires:
Original Submittal
:. ' <> .
EXHIBIT E
DESCRIPTION OF PROPERTY BEING CONVEYED
COMMENCING at a point 889.415 feet,East of the Southwest comer of the William C. Spencer
Donation Land Claim No. 50, Township 17 South, Range 3 West of the Willamette Meridian, in a line
of the County Road (Marcola Road - "Q"Street);
Thence North 90000'00" East 96.47 feet to a point;
Thence North 00001 '59" East 30,00 feet to a 5/8 inch rebar with yellow plastic cap marked "D,H,
Wellman PLS 2163" (Wellman cap), said point being on the northerly right, of-way of "Q" Street and
further being the POINT OF BEGINNING;
. Thence North 00001 '59" East 129,78 feet to the south line of Fuchsia Gardens as platted and recorded
on Book 29, Page 14, Lane County Oregon Plat Records, being marked by a 5/8 inch iron rod with
"Wellman cap"; .
Thence along said south line of Fuchsia Gardens South 89058'53" West 6,58 feet to the northwest
comer of the east 10 feet of that-property described on Reel 2280, Instrument No, 9722107, Lane
County, Oregon Deed Records dated April 2. 1997; . '
Thence leaving said south line of Fuchsia Gardens South 00001 '59" West 129,77 feet along the east
line of the west 90 feet of that property described on Reel 2280, Instrument No, 9722107, Lane
County, Oregon Deed Records.dated April 2, 1997 to the northerly right-of-way of "Q" Street;
Thence along said northerly right-of-way North 90000'00" East 6,58 feet to the POINT OF
BEGINNING. all in Springfield, Lane County, Oregon,
Containing: approximately 854 square feei
Description based Lane County Survey File No,
D,ate Rece!ved~---'
[,-.,." " t .,.~-
. ._y ( : ...J
Original Submiitai
"
'" \
..30-Cl.3:,~.?O I
L"rre.
.. ~~E~!W~O~
\<
16
\I'
WARRANTY DEED - STATUTORY FORM
ORVILLE DALE PROCK AND LYNDA'L. PROCK, TRUSTEES OR THEIR SUCCESSORS
IN TRUST UNDER THE PROCK LIVING TRUST, DATED FEBRUARY 27, 1997.,
Gran tor,
conveys and warrants to
FABIOLA HUERTA and JOSE I. ARClGA, wife and husband, Grantee,
the following described real property, free of encumbrances except as
specifically set forth herein, to wit:
,
SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS ~EFERENCE
Tax ~count Ne(s);. 0214617
Map/Tax Lot Ne(s) i 17 03 26 13 00101
.
This property is free from encumbrances, EXCEPT: All those items of record~ if
any, as of the date of this deed, including' any real property taxes due, but
n~t yet payable. .
The true consideration for this'conveyance is
$117,000.00 .
rHIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT
IN VIOLATION OP APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS IN~TRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY.OR COYNTY PL~ING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS D~INED IN ORS 30.930.
Dated this ~5..;/ day of October", 2001.
ORVILLE OALE PROCK, CO~TRUSTEE
By,LZ;:2/L~.-"/":-,~L~
ORVILLE DALE PROCK,
CO~TRUSTEE
LYNDA L. PROCK, CO-TRUSTEE
BY, ,~~.x ~~~ThA5fe<6
'LYNDA L, PROCK, ' Date Received:
CO-TRUSTEE
\m'2c Y\. c... f'f\)~C>-'Je-
STATE OF ~n, COUNTY OF.~ ) SS.
DEe 2 1 2009
This instrument was acknowl~dged before me on October ~f :2001. by ORY~~LJ::in~1 Submitt I
DALE PROCK AND LYNDA L. PROCK, TRUSTEES OR THEIR SUCCESSORS IN TRUS~ uNrlE~TR~ a
PROCK LIVING TRUST, DATED FEBRUARY 27, 1997.
~H~ ~h.> '
-- (Nota.':?Y PUblic for ~~) V-r.iYlCn.q,
My commiSsion ex'Pl'res (\'2.. -o~ aLl'
1 ~' BEVERLY KANEY I
. . NOTARY PUBLIC. ARI.ZONA
!:lI\:(;{; , MOHAVECOUNTY
>';:.;. '.' MY CO:~M. EXP. 2-9_-2004. i
-....--....-....
After recording return to:
WESTERN TITLE & ESCROW COMPANY
497 OAKWAY ROAD, SUITE 340
EUGENE, OR 97401
"Until a change is requested all tax' statements
shall be sent to the following address: ,-____m.~__"~__.______
FABIOLA HUERTA AND JOSE I. ARCIGA Dlvlslgn gf Chi.f Depuly Cle~k
944 C STREET Lane Cgunlv O.ed5 ~nd Reco~ds
SPRINGFIELD, OR 97477
$3U0
"
10/17/01
TITLE NO.
ESCROW NO.
30-0338301
30-0338301
WARRANTY DEED ~- STATUTORY FORM
Date Received:
DEe 2 1 2009
Original Submittal
.
("..~-........;..;,;._-
,">
.
EXHIBIT A
PARCEL I:
Beginning at a point 889.412 feet East of the Southwest corner of Donation
Land Claim No, 50 on a line of the County Road, Township 17 South, Range 3
West of the willamette Meridian; thence East 100 feet to the true point of
beginning; thence North 160 feet; thence East 100 feet; thence South 160 feet;
thence West to the place of beginning, situated in Lane County. Oregon.
PARCEL II:
The East 10 feet of the even width of the following described real property:
Beginning at a point 889,415 feet East of the Southwest comer of the William
C, Spencer Donation Land Claim No, 50, Township 17 South, Range 3 West of the
Willamette Meridian~ in a line of the County Road; thence 'North 160 feet on a
line parallel with the West line of Donation Land Claim No. 50; thence East
100 feet; thence South 160 feet; thence West to the place of beginning, in
Lane County, Oregon.
Date Received:
DEe 2 I 2009
Original Submittal
<.;.',_.;.""l-k.".
. -"';';.L:.,:;;._~,,'~.~~