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Home My WebLink AboutDeed APPLICANT 12/21/2009 I ~' 9717524 WARRANTY DEED RERECDRDEn TO CDRRECI' LEGAL Df.SCRIITlON I i I.' ! i. I I I i. I I I r j.: i; r> i" I.. I.. 1 I... I.... ('-' ii': . .. .;.,,;. 9722107 (0 ORVILLE DAlE PROCK and LYNDA L PROCK, husband and wife, Grantors, convey and warranllo 10 ORVILLE DALE PRqCK and LYNDA L PROCK, trustees or their successors in trust under .the PROCKLIVING.TRUST, dated FebrulIry 27, 1997, and any amendments therc:to, Grantees, the following described real property free of encumbrances except as specifically set forth herein situated in Lane County, Oregon, to-wit: SEE EXHIBIT "A' AITACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. The liability and obligations of the Grantors to Grantees tlnd Grantees' heirs and assigns under the warranties and covenants comained herein or provided by law shall be limited to the amount, nature, and terms of any right or indemnification available to Grantors under any title insurance policy, clOd Grantors Shall have no liability or obligation excepllo the extent that reimbursement for such Hability or obligation is available to Grantors under any such title insurance policy. . The true consideration for this conveyance is: $-0-, (Here comply with the 'requirements of ORS 93.030) Other vA]uahle cnn~i.1p,ratinn, THIS HSTRUHENT \/ILL 1I0T ALLaJuse Of THE PROI'EUY oeSCRIBED IN TillS IIISTRUHENT IN VIOLATION OF APPLlCAUE LAND USE lAIJS ANe REc.uLATlONS. BHORE SI(jNIN~OR ACCEPTING THIS IIISiRUIlEIIT, TilE PERSOIIACOlJIIWIGHE TITlE TO THE PROPERTY SHClJLe CHEC(lJlTH THE APPROPR lATE CITY OR COOl/TV PlAHI/II/G DEPARTMEIITS Te VER I FY APPROVED USES; .1.11010 DETERMIIIE AllY L IHI IS 011 LAIo'SUlTS AGAIIIST f~~HI ~(j DR fDREST PRACTICES AS DEFIWEO.11I'ORSJO.93D. . D~tcd this Febru:Jry 27, 1997. ~~c-d-C./ OrVll1c Dale Prock ,.:;/)..1./7"'7"" .d! ~ l.yn'd; L- Prock Date Receives: DEe 2 1 2009( -1 , ~~~_~~'~lA"'~U""'WiiW"/I,...,.l&I""'JI';b.''''i!ffillOi'~~'";''''~''-''~r''it.i.'''''lfiiii1P.t~1l.~l1t~!~"1tf!""'b?~ ~~!i!APR. 02' 971106REC :ii~~APR .02' 97~06PFUNo 10.00 10.00 STATE OF OREGON, County of Lone )55. Personally appeared the above named Orville Dale Pr~ck and Lynda 1... Prock, and acknowl~dged the foregoing instrument to b e the~'r 1'010 I ry act and deed th;<::'PP."rnr>~ n 1..007. ~~ AJ . I) OFFICIAL SEAL . . /1>( . MILTON E. GIFFORD Before me. -., f . NOTARY PUBLlC.OREGON . Notarv Public for erot"\, COMMISSION NO. 0326135 - .... ' MY COMMISSION EXPIRES APRIL 16, 1998 .0lT....1s.:.~ WARRANTY nT!J<::D Orville D~le Prock nnd Lynda L. Prock, lrustees Deed Delivered to, (Grunlee's Address, Zip) Aner rerortllng return 10: Millon E. GIfford, P.e. 1807 East Main Strccl . Cottage Grove, OR 97424 Unlll 0 chong!: Is requested, 011 Ia." slillemenl.'i ,sholl be sent to the following odllress: Orville Dale Prock and Lynd.:l L. Prock, IruslCes 930 .Q- Street Springfield, OR 97477 !Q~M4R.14'97ij07REC 10.00 ~~~:lH~ii~illINPUND lB:~ I I Original :::lJDi:'1:tt:::J I ~ I 9722107 EXHIBIT "A" 9717524 PARCRf. I: 930 irQ" Strecl Beginning al a pein! 889.415 feel Easl of the SouthweSt corner of lhe WilHam C. Spencer Donalioo Land Claim No. 50, Townshlp17 Soulh, Rarlgc 3 West of the WHlamellc Meridian. in a line oClhe County Road, lhence Nonh'l60 feel on a line parallel "'ilh lhe Wesl line of Donation Land Claim No. 50. thence East 100 (eel, lhcnc~ Soulh 150 fcel, thence WCSI 10 the place of beginning, In Lane County, Oregon. EXCEPT [he East 10 feel of lhe eVlln width of the 3bovc dcicribed rc;J[ property deeded (0 Allen A. RodakowskJ by <Iced recorded March 2B, 1984. Reel [290, Reception No. 84.11506, Lane County Oregon Deed Records. SUBJECfTO: Encumbrance oCrccord to Washington MUlual. strCClS, casements, covenants and restrictions of reeordand rightS of lhe public therein. I , I I ,. I I PARCEI.': 944 "Q" Slree: Beginning Qt a poinl a89.4.12 fcet EaSl of the Southwcst corner of Donation und Claim No. 50 on a !lnc of the Count}' Road, Township 17 South,- Range 3 Wester the Willamelle Meridian, thence East 100 fCclto the true point of beginning; thence North 160 feCI, thence East 100 feel, thence Sciulh 160 !ecl, lhence Wc.sllO Ihe plare of beginning siluatcd in L:loe CoUnty, Oregon. SUBJECT TO: Encumbrance of record to Washington Mutual, Slreets, casements, covenants and rcstricllons of recanl and righl~ of the public tberein. ALSO INCLUDING; The East 10 feet of even width of the following described. real properlY: Beginning al a point 889.415 feet East of the Southwest corner of the William C. Spencer Donation Land Claim No. .sO. Township 17 South, Range 3 Weslor the WlIlamellc Meridian, in a line of the County Road; thence North 160 feci on a line parallel with tbe West line of Donallon Land Claim Na. 50' thence Ea.u 100 fect. 1hU1teSo4U, 16n ket, thCIICl: WCSllU the I"lllce aleeglnnlng, lnLllne Counly, Oregon; . . u:J . " . ~ ~ -.s ~ ~ Stille of Oregon 11"1: ~ -E ~ CountyorLane-ss. -; ~ ~....... ? t I, the County Clelk. In and (or Ihe i~id .....c: ~ County', dohcrebycer1lfytha! the 1I,1thin ~:g ;..2 ~ c:: ~ ~ 13 jriltrum~nl was rc~civcd lor lecord at jEll ~ ~ ~ I g ~-i~'~ sr:' ~!E~ . :.J ~jo~: t; <;.~rl <5.... ::>.c: ~ '-'" i:;: '-.:.( o;!~.! "'88 3t~~~ "2ss U')u-,d.!i a: .J.J '97 APR. 2 AM 9'42 R~cl 2280R CounlyClerk , ~ Woe Co'uJlJY OFFlCIAL Records' uneCouolyCle,k all: u;f>/.4,.{'.)/ I 'II Date Received! DEe 2 1 2009 '.. Original Submittal I. ~ ~III-'-""':-" ..........-. .~._-~.,~.~W._".."_..""'., -!!li']r'-'~-"'_ItI~'I!"'""""."'-' ........~.,._..::il......._-""'..:! ~ ' I- 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 of the Prock Living Trust dated February 27: 1997 (procks - Parcell) and Fabiola Huerta and Jose I. Arciga (Huerta and Arciga - Parcel 2) are the owners of two adjoining.parcels of property referred to herein as Parcell arid 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, 1997. 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 19,2001. 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 in Exhibit E is 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 cifthe 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 even width of the above 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. SUBJECT TO: Encumbrance of record to Washington Mutual, streets, easements, covenants, and restrictions of record and rights ofthe public therein. EXIllBIT B Description of Parcell (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 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' 12" West 10.00 feet to a point being the southeast corner of. Lot 6, Fuchsia Gardens as platted and recorded in Book 29, Page 14, Lane County Oregon Plat Records, said point being referenced by a '14 inch iron pipe bearing South 00000' 12" East 0.43 feet; Thence continuing along the eastline of said Lot 6 North 00000' 12" West 119.74 feet to a point referenced by a Y, inch iron rod bearing South 00000' 12" East 0.84 feet, said point also being the northeast comer 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 .1.; 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, 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. ALSO the east 10 feef.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 17 South, Range 3 West of the Willamette Meridian, in a line of the County Road,Jhence North 160 feet on a line parallel with the west line of Donation Land Claim No. 50, thence East 100 feet, thence South 160 feel, 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 of the Willamette Meridian, 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 right-of-way North 90000'00" West 103.34 feet to the POINT OF BEGINNING, all in thecity 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 LAWSUITS 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 Tim PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO . , VERIFY APPROVED USES, THE EXISTENCE OF FiRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). Orville Dale Prock - Trustee Lynda L. Prock -Trustee STATE OF OREGON ) )ss. County of Lane ) On , 20 I 0, personally appeared the above named Orville Dale Prock and Lynda L. Prock, did dispose and say that they are the Trustees of the 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 Commi~sion Expires: Declarant - Fabiola Huerta Declarant - Jose I. Arciga STATE OF OREGON ) )ss. County of Lane ) On , 20 I 0, personally appeared tlie above named Fabiola Huerta and Jose I. Arciga and acknowledged the foregoing instrument to be their voluntary act and deed. Date Received: DEe 2 I 2009 Notary Public for Oregon . My Commission Expires: Original Submittal .,' b . E.XtUJiIT 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 Jeet 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 Gardensas 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 feetto 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.Recordsdated April 2, 1997 to the northerly right-of"way of"Q" Street; Thence along said northerly right-of7way North 90000'00" East 6.58 feet to the POINT OF BEGINNING, all in Springfield, Lane County, Oregon. Containing: approximately 854 square feet Description based Lane County Survey File No. - Dflte Recelverj~-- ( -..., .' . ,..-) .._..1 l 'I ~_..... Original Submiitai . ., '. kiTe. .3o-o3;,1J,aol ZI~~~!w~o2I \<" 16' \I' WARRANTY DEED -- STATUTORY FORM ORVILLE DALE PROCK AND LYNDA't. PROCK, TRUSTEES OR THEIR SUCCE?SORS IN TRUST UNDER THE PROCK LIVING TRUST, DATED FEBRUARY 27, 1997., Grantor, conveys and warrants to FABIQLA 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 HERBOr BY THIS REFERENCE Tax ^:i.count No(s):. 02,14617 Map/Tax Lot No(a); 17 03 26'13 00101 . This property is free from_encumbrances, EXCEPT: All those items of record~ if a~y, as of the date of ~his deed, including any real property taxes due, 'but not yet payable. The true consideration .for this conveyance is $117,000.00 . THIS INSTRUMENt WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT iN VIOLATION OJ APPLICABLE LAND 'USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE> TITLE TO THE PROPERTY SHOUL~ CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON'LAWSUITS AGAINST PARMING OR FOREST PRACTICES AS D~INED',IN ORS 30.930. Dated this ,J5...;..-' day of October', 2001. ORVILLE DALE PROCK, CO-TRUSTEE By,L%I:2//~/,:.;--;;;;/~ ORVILLE DALE PROCK, CO-TRUSTEE LYNDA L. PROCK, CO-TRUSTEE BY, ~c:b-~ ~ Co~lVu5fet6 LYNDA L, PROCK, . Date Received' CO-TRUSTEE . . \1-<\ 'ZCl Y\ C( STATE 'OF ~~; COUNTY (,,/\)M-~ OF ~,) SS. DEe 2 1 2009 This instrument was acknowledged before me on October ~, 2001 by ORv-lr~in;R1 Sub. mitt;::.1 ,DALE PROCK AND tYNDA L. PROCK, TRUSXEBS OR THEIR SUCCE~SORS IN TRUS~ ~g~Ta~ PROCK LIVING TRUST, DATEDPEBRUARY 27, 19~7. ~\\:.~ ~~~ - (Not~~ PUblic for ~~) VT.l\7CY\.q My commission e~res ('\,'2. - oC)....) aLl ' I ~ BEVERLY KANEY J . ' NOTARY PUBLlC - ARIZONA " \fi;f; MOHAVE COUNTY ,}';:;"" MV'CO:YiM, EXP, 2_-9:,2004 ----...-.... After recording return tal WESTERN TITLE & ESCROW COMPANY 497 OAKWAY ROAn, SUITE 340 EUGENE, OR 97401 . Until a chango is requested all tax statements shall be sent to the following address I ",-----~.... ---- -- -..------ FASrOLA HUERTA AND JOSE I. 'ARCIGA Olvlslon of Chief Deputy C18~k 944 Q STREET Lane County Deeds ~nd R.co~ds SPRINGFIELD, OR 97477 ~~~I.~69m 111111111111111111111111111111111111111111111111\ 0022.4407200100693280030031 10/19/2001 02: 25: 45 PM RPR-DEED Cnl=l Stn=3 CRSHIER 02 $1~.00 $11.00 $10.00 $3&.00 , " 10/17/01 TITLE NO. ESCROW NO. 30-0338301 30-0338301 WARRANTY DEED - - STATUTORY FORM Date Received: DEe 2 1 2009 Original Submittal . r",-~'.......:..~;... . EXHIBIT A PARCEL I: Beginning at a point 889.412 feet East of the. Southwest corner of Donation Land Claim No. SO 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 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. SO; 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 <:'-.h:""~'. ". 'C"':"':'~.r":'':;':'''':::''