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HomeMy WebLinkAboutApplication APPLICANT 2/12/2010 City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 ~~ Property Line Adjustment - I . j, . Applicant Name: --I-el/L, /1'7'W1700<::- Icomoanv: Srw,:~ri//>:ll'l-.!k"" /-)ceit<;s,L"" /,}-'c I I J/ ,.,,) Address: '?D 8v~ 22Z/0 <-"18M!, d<_ 77102..- I ""';":-,-;-;;1-,'._ IAPPlicant's Rep.: bav"'! t.Je/~l>t:cl\ Company: 'b.WeJl'ltJ.-" 'SWlUCcii"4 Address: 1ctrsh Nn./t..,.." Dr oj t"'ie"MO ate 171,;2. , I IAssessors Map #: I Property Address: I Property Owner: Icompany: IAddress: , I IAssessors Map #: I Property Address: I Property Owner: Company: Address: , - . Phone: ?91:-:,- ~~l<6 .' Fax: ?j.ft; -15L1b '3 I I -l 1 1 1 I I 1 1 I I I I 1 1 J Phone: (;<{1-1fY-I'{I{Z Fax: 5~1 -'fU - i'I'IZ PROPERTY 1 3S- I 17-02-t;r(; Tax Lot #: 1YlO '\liCfW<-'tlce, f+Wc'1 ( . '!5't",. I '..."" J" ~'''1/;<k tH2 17'-/78 S',1fJ-1'",,;/UJ C,ne}e"" 'f)''4u:sL", ;J.c. , ' .J' 17c'z.. Phone: Fax: ~o 8",x 22Z/0 Z,1e",e ,012 "'17,/0'2. PROPERTY 2 3S" I !7 .C2 -~ Tax Lot #: '$ 7c?s if 570(, s=';'" ,1)~~ r=::.i, -1!<~tJ' $'( '7 1T('tf'<-. V~ ~{)-1'^'jl!elj 6f'1e!e:;/ Ii;":,),,,;, UC Phone: ~<6b-~I~ Fax: ?ilt; -<:;{l.{& ~ ,?o {5v7\ 222/0 CZ<"'ieYle c)/2 q 7,/02 -"-.".';"- Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: s.",~ ~L ~,/V!J (v"'Vle-II""- >1' So>''''j I Signatures: Please sign and print your name and date in the' appropriate .box on the next "-l I Associated Applications:2?")..,1l)00 - d$)2'3> (;:zC ') IcaseNo.: 51JO'ZaO_()~C:>1 I Date: -z-/n/w I Reviewed by: ~ IAPPlication Fee: $ &:J.-3!!!- ITeChnical Fee: $ 3(15 Ipostage Fee: $0 ITOTAL FEES: $ &6+ J:5 , . . -, . I . Revised 1/1/0B Molly Markarian , - - ',,-;,1',." .,"r'.",. P~OJECT NUMBE~;:It.p Rpl"PillE=>r1' FEB 1 2 2010 1 of 4 Original Submittal Signatures Applicant: Property Owner 1: Property Owner 2: Ihe undersigne Print cknowledges that the information In this application is correct and accurate, I , Date: ~ ~ -dnl 0 If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf, L--;lW...lIlrt-J... ~j~l~l^: -;).{n../n>lO / /-~~ ~\ L-_ r\l\.IJS(~.J r the applicant Is not the owner, the owner hereby grants permission for the applicant to act.in his/her behalf. s~ ~/. Print Revised 1/1/08 Molly Markarian .alll)- \~IO ~ MlHft9d Date Received: ., FEB 1 2 2010 Original Submittal 2 of 4 I Property Line Adjustment Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. o 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. c:r Property Line Adjustment Application Form B Copy of the Deed for all properties involved in the property line adjustment. D 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. [~J/ Draft of the Property Line Adjustment Deeds in compliance with ORS 92.010 and 92.190(4). Recording of these deeds with Lane County shali be a condition of approval. Er Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken, including findings demonstrating compliance with SDC 5.16-125, Property Line Adjustment Criteria. IT Three (3) Copies of a Preliminary Survey including the following: [3' Prepared, stamped, and signed by an Oregon licensed land surveyor [] Scale appropriate to the area involved and the amount of detail and data / [] North arrow, date of preparation, and title, i.e. Proposed Property Line Adjustment Survey [3' Boundaries of the lots/parcels involved, including dimensions and area B Zoning and plan designation of the lots/parcels ca Existing property line and proposed property line, clearly differentiated by line type [3-"Location and outline to scale of all existing structures, including required setbacks from current property lines and proposed property lines o Location, widths, and names of all existing streets, alleys, or other rights-of-way within or adjacent to the lots/parcels and the iocation and width of driveways D location of all public and private easements and utility lines within or crossing the lots/parcels. For properties outside the city limits, location of all septic tanks and drain fields. [:('Reference to the recorded Subdivision or Partition by name or reference number and blocks, lot/parcel numbers, where applicable Date Received: FEB 1 2 2010 Original Submittal Revised 1/1/08 Molly Markarian 4 of 4 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone :y of Springfield Official Receipt, Development Services Department . Public Works Department RECEIPT #: 3201000000000000048 Date: 02/12/2010 I :S7:S2PM Paid By D. WELLMAN SURVEYING LLC Item Total: Check Number Authorization Received By Batch Number Number How Received Ij 4671 In Person Amount Due 623.00 31.15 $654.15:, . Job/Journal Number S U 82010-0000 I SU820 1 0-0000 I Description CTY Property Line Adjustment + 5% Technology Fee Payments: Type of Payment Check Amount Paid $654.15 Payment Total: $654.15 ."1'<" Date Received: FEB 1 2 2010 Original Submittal cReccintl Page 1 of 1. 2112/20.1 0 Narrative for proposed property line declaration Springfield Cemetery Acquisition LLC Map No. 17-02-35 Tax Lots 3702, 3705, 3706 5940 Main Street, Springfield, OR The purpose of this property line declaration is to more appropriately place the common property line between the three subject properties to better accommodate the existing cemetery use conditions and placement of the mausoleum building. It has been recognized that the mausoleum building was improperly placed extending eastward of the east line of the platted First Addition to Springfield Memorial Cemetery, per Book 45 Page I, Lane County Oregon Plat Records. In as much, the structure was extending into the LOR zoned area recognized as Tax Lot 3704. The Oeclarants have recently. requested a Zone change over portions of the property to allow for additional cemetery expansion area to the east. Following this zone change this declaration applies to and proposes to expand Tax Lot 3702 eastward to coincide with that recent zone change line. As a part of this Declaration Tax Lot 3200 is increased in size, Tax Lot 3705 and,3706 are decreased in size, and Tax Lot 3702 is eliminated becoming a part of Tax Lot 3702. This application proposal complies with SDC Criteria 5.16.125. A) This proposal does not create a new lot/parcel B) Does not create a land-locked parcel. Access is gained to parcels through the existing system of private roadways located within the Cemetery property. C) Does not reduce any parcel below the minimum size standards or setbacks. D) Does not violate any imposed conditions of Approval Authority E) Does not detrimentally alter the availability of existing public and/or private utilities to each parcel, or abutting parcels. F) Does not increase the non-conformity of each parcel or structure. This proposed declaration is anticipated to increase conformity. ~ David Wellman - PLS D. Wellman Surveying 90686 Northrop Drive Eugene, Or 97402 Date Received: FEB 1 2 2010 Original Submittal I~ 1::: ~ ~ I ~ ~ g & g" ~ f.~ ~ .>-::}~ -.. ~AlL a,,_ : d~1 ~ I: ~e ~ ~~~-:f \ /; 8 ~ ".- I+~" FOUND: ~6" IRON ROD WI;;' I~ I -Jy, .'/~61'11 MARKED FORD ts 6-42"' ~ ~ "'T' I '- . PER C.S.F. 26768 '-.... B I '-- _N 89'50'35- E AT GRADE ~ 8,6lil 349.81' FOUND: 5% IRON ROO J f/ " PER C.S.F. 27848 ~ t- ~ M f"i 0.3' BELOW GRADE -l ~ ~.:;,. ~ OPEN OIT01 - SEE \ "" EASEtolENT Doct..n.lENT < . (214.00') ~ (~~.- NO. 92-45207 LCOOR (~ 214.':;1' ........ --- I 349_85 ~\ S QO"J,'2'. E 108.50' '- ~ 100.00:- 249_85' ~ FOUND: 5/8- IRON RIX!, W/CN> \ ""'...........". '''''''2,'J .. 7' MARKED 'TORD LS 642 No .......v........ W IV<>. l' 69'50,35_ E 564.1 . PER C.S.F. 30659 \. ~) IN 89'5035 E 56.1-44) AT GRADE \ -BASlSOFBEARlNG_ FOUND: 5/8. IRON ROO ~ PER C.S.F. 30659 NORTHEAST CORNER SQUTIiEAST CORNER FIRST ADDITlON lOT 29, MCKENZIE HIllS SPRINGFlElD MEMORIAL CEME1ERY AT GRADE FOUND: ~8" IRON ROD W/CAP MARKED FORD LS 6-42- PER C.S.F. 26768. AT GRADE 0.52' SOUTH Cf" TRUE CORNER ~~~ ~~~R~;~ W/CAP PER C.5.F. 26768, 0.2' BELOW GR.A.DE EASTERLY ROW HElD AT 6.83' NORTH PER C.S.F. 30659 WES1ERlY ROW HElD AT 3.37 SOUTH PER C.S.F. 27848 ~ HElD FOR ~lUNE / SCALI: 1.=200' THlS NORT1-IERLY PORTION KNOYoN AS TAX LOT fJ7G4 WAS CREATID BY OOCUUENT RECORDED .ON ,REEL .1323. INST. NO. M4J9J9, lCOOR. AND REDUcro TO CURRENT CONFIGURATION BY DOCUMENT RECORDED ON REEL 1902, INST. NO. B3B0061. lCOOR. I IIC&LII"_' ~ 15 I~ I~ I~ ~ z ~ ~ g ~ 'll; ~ ~ [N 89'50'35. EJ ~ [100.00'] ,) ---~ ~ \JIJl&IJOO ~'\J' 0 [N 78"22' E 216.31} ....CCESS TO PROPERlY \ S 78"2.2"9. W 21~' ....NO G....RDENS ...,.... 22 FOOT .1- --- ..J~ WIDE DEDIC....1EO RO....DWAYS ~ 'jO' 21 WlTI-lIN RATTID GARDENS "-... ZONING: PLO - COolElERY I AREA PlAnED AS VETERANS GARDrH AND GARDEN Of" Tl-IE . SEASONS. BOOK 52. P"GE S, LeDeR REM....INDER Of TAX LOT .3702 IS PLA TIED ....S THE FIRST ADDITION TO Sf'RINGFJElD WEMORIAl CEMETERY BOOK 45. P....GE 1 u:ooR, z ~ 9 .. ~ z 6 z ~ N z / ~ Ll 8 I;; I,~ THIS EASTtRl Y PORTION Of" TAX lOT 3706 WAS CONVEYED OUT Of TAX LOT .37G4 AND COt.IBlNED AS A PART OF TAX lOT 3706 IN THAT :z DOCUMENT RECORDED ON D t REEL 1902. INST. NO. 9J80061 a LCOOR. I " <f- - - - ~-1, IE DETAIL "A" I~ 3 Z . 'i TAX PARCF:L ARRAS PARCEL' eUORE ....O..tJSTl.lENT PARCEL , AFTER ....o..uSlWENT PARCEl 2.SUCRE AD..tJSTJ.4ENT PARCEL 2 AFTER AD..usTl.lENT p~m "~ORE AD..LISTl.lENT PARCEL 3 AFTER AD..uSTMENT 278.045 so. FT. 387.153 SQ. FT. 313,582 SQ. FT. 236.994 SQ. FT. 113.232 SQ. FT. 80.565 so. FT. SPRJNGF!F:l,D PT.A NNTNG NO. RP.Ffi:RP.NCP. STlRVTflr3 OWNP.R /APPUCANT CASE F7LE NO: . OATUJ: c.s.F. '0571 c.s.F. 26768 c.s.F. 2n58 c.s.F. 27848 c.s.F. 27955 c.s.F. 29907 c.s.F. 29908 C.S.F. J0659 c.s.F. .17428 McKENZIE HILLS SLiDE 72 ALES 19-21 ARST ADDITION TO SPRINGFIEl.IJ MENOR/A!. CEMETERY BOOK 4.5 PAGE: 1 ARST ADDITla-J 10 SPRINGFIEl.IJ MENOR/A!. CEMETERY BOOK 52 PAGE: 5 SPRINGFlE11J CD/ETERY ACQUISITION u.c PO 8Q)( 22210 EUCEHE:. OR 97402 ASSl:5SORS UAP No. 17-02-.35 TAX LOT Nos. 3702. .J7(}.f.. .1705. ~ .1706 SVR~ PREPARED USING HP 51640A INK ON CONTINENTAL .PC4MZ Pa. YE:STER AUI LANE COUNlY SURVEYORS OFFlCE e.s. fiLE NO. PROPOSED PROPERTY LINE ADJUSTMENT SURVEY nUNC O....TE I LOCATED IN THE SE 1/4 SEe. .J5. n7s, RZW, W.U. OTY OF SPRINGFIElD. .LANE COUNTY. CREGON FFBRU!tRY 10. 2010 \i\\~'\I~@~ ~ . .<"""~)~ (l'i 76"::'~-r 'E. 356.~ l'i76'"2~...'~~,..;~ "' ~ _ 254.76" . FOUND; 5/fj . IRON ROO o . 0.5' BELOW GRADE 'i PER C.S.f. 30659 ~ S 00"0649. E " - '0..20' - -100.00' llAfiRA TWP. Tl-IIS SURVEY W....s MADE IN .AJNE 2009 BY 0.......,0 Ii. WEIJ..M....N. OF O. WEl1J.lAN SURVEYING U.C., 90688 NORTHROP DRIVE. EUGENE, OREGON. THE PURPOSE OF THIS SURVEY IS TO AD..lJST Tl-IEPROPfRlY UNES BETWEEN OUR CUENTS, T....X PARCELS WITHIN' THE.COl.4l.4ON OWNERSHIP Al..L IN S[CTIC>>II 35. TOWNSHIP 17 SOUTH, RANG( 2 KST. 'ML1Al.4ETTE MERlOIAN. MULTIPLE CLOSED LoopS WERE PERfORMED WITH .... 'MLD ,11000 WlTl-I 011600 EDM WITH .... PRECISION Of BETTER TH....N ':13.000 BEFORE.... LE....ST SQUARES AD.lJSTl.lENT. THEUNAFF'ECTED BOUNDARY WAS HElD PER WONUMNETS AS RECOVERED PER C.S.f. 267&8. 27B48. AND 30659 AS BEING IN THE UNDISTURBED AND PROPER POSITION. THE EXCEPTlON BElNG Tl-IE 5/8. IRON ROO ..ARKING Tl-IE SOUTHEAST CORNER OF fiRST ADOlTlON TO SPRINGFlElD MEMORIAl... CElolETERY. THIS MONUMENT WAS fOUND TO BE 0.52 FEET SOUlH Of THE TRUE UNE BETWEEN MONUMENTS ESTABUSHED fOR THE SOUTHEAST AND SOUTHWEST CORNERS ,OF THE OWNERSHIP. NEW MONUMENTS WERE SET ElEl'YlnN FOUND MONUMENTS ON Tl-IE RESPECllVE NORTH AND SOUTl-I BOUNDARIES. THE INTERlOR JOG IN THE NEW UNE WIoS SET AT THE OlRECllON OF THE WENT. AlL 'SO J.S' TO CONFCRM VtITrl. AND BE Al...ONG THE PLANNING ZONING UNE. li- 41g ~ " ~ ~;.., nN 0'-: 5~ ~~ 1-" _N ]:;jl 88 THE INTENT OF THE SURVEY IS TO EXTEND Tl-IE EAST UNE OF TAX . lOT 3702 EAS1WARD TO THE PlANNING ZONE UNE, TO INClUDE ALl. CBlE'TERY STRUCTURES AND IWPROVEl.lENTS ON ONE TAX PARCfl.., AND EUl.IIN....TE: TAX PARCEl .370-4. BASIS OF BEARING: ADJUSTED PROPERTY UNE PER C.s.F. 30659 .LEGEND . - CORNERS SET - 5/8. X ,JO. IRON ROO w/ l'f1.LOW pu.snc CAP MARKED LJ.H. ItEl..LMAN PLS 216.1. ALL IMTHlN 0.2' OF GRADE CORNERS FOUND - 5/8. REBAR IV/CAP MARKED "'NamESS LS ,D.J4. PER c.s.r. /30659 - UNLESS NOTED - CALCULA rm PaNT (NOT T1EiJ OR SET) @ " T 1 ( ] - c.s.F. 26768 / - c.s.F. 27lU8 ) - c.s.F..J0659 LCOOR - LANE COUNTY OREGCIi OFFlCtAL RECORDS - FENCC GRAPmc SCALE TAX LOT .3702 .It 31G4 8.89 ....C. TAX LOT 3705 5.44 Ae. TAX lOT 3706 1.65 ....C. '" '" i -- - i .,. (tx JDf) lb:mb...EOOft. [-I PROffSS/OWJ.. __. lAND SURVEYOR , J.:::::;)-!/ ;;1 l DAVID -rm.u.w., J 2"'" SURVEY IN SE 1/4 SEC. 35, T17S, nzW, W.M. LANE COUNTY, OREGON I CJXNT: SPRINGFIELD CEMETERY ACQUISlTION UC lW.411N im IC1lC/lffV I D. WELLJlAN SURVEYING L.L.G. I o.1l: 2/10/JO I 908tJtJ NaHmROP DJUYE I FIE S!lI:'V1'l...4 I ECJGENE. DR g74(J2 (641) 984-1442 RDOEWAI.. 6/30/'0 OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES OFFICE OF CO'tJU ASSESSOR LANE COUNTY, OREGON .!.... 'Z' ff~ of /- 'i':13 _.__ "-r~~~ NO~- ~~~ :.:' 1119-~9- i --. I ? . NUMBER . SECTION TOWNSHIP ~ S. RANGE .' OlD NUM8ER ~ INO. ;.... ACCOUNT LOT NO. BL.OCK NO. DATE 01" ENTRY DEED NUlol8ER ADOITlor CODE NO. -r HRI"'"- "....-;;~; w,M.1 I CITY ACRES REMAINING I INDENT EACH NEW I COURSE TO THIS POINT lEGAL OESCIl:IPTlON ..... L . C' Q /.' - ( I' -I I ...:...:',j. ~. .1'1:> r:.ll"~ .), Int'':::~;'_:CI 1011 I). ,1,(; y r/n ! :n€' of il\,':y'. !,tf ::0, ';!i rn t tJi.?!w~~ ! ine ,jf tho.: :.. I :"IJ'd . '~r'" ')f.)~.,..'~ty the '-,.-:i'i ~c.''1. t of in~er~:':)ctiu;, ~. ... '. -" I 1- ,} ,- .n. .J8i",; .~~2.C2 f\t., C'2~.t ~ ;)2:j.~ ~.(2'~:?9.22 fT"'A;) ,,:J~th ')f 1.1".. "',': .~c~ ", tl'l('> J''f7iP~. Lool':'It':'--Y ~.'LC.t}'4,IT,P. ''''~ h,... It.,.~' ~".. ....."' '),'J '. ,..' . . - ~ I nf"' ~ A" I I..... ....".urunl<t~ngllp...C " I'...., 3:?{;th 12::0.00/. .JIO,-lSl th(.> l'!IJ...t ! jne of sni.; .r....:.\y :.'.rlrf;-f-~'i t:: ~ c'4>t lin p.')int, n'>2~ ',.r .-t ""'JI l"'\ f+-' ---.--t ::r;,.n I.,r'lint,tnt~n(p - "~ 4.1"1.... .' ~ ...- v - - ':,;' ......rin !~/~3.,~ f~. :'_ :-hlS s~>. rl.'1 I :ne of '.~:'f ,.,.. !.'":6, ~!I'.?nc'''' ~. "";:. "'j'".::",- f~. ,'(,.; '-. ........ -V 1./ I :-j :'"... . :':Jtt- . .., 3e8. at tile c,oint of iLtersec:,ion of the '..Ioutrierlj. rigr.t of '...:.1.":/ li:'",e of :h.ry. 126.. h'ith the \..-eE.t Line of the Lloyd ~.:. ~ra.:' a..d Julia 1-:. Gray propert:/, :':le Sc.id !,oir;1.. of ir.to::~section being 86.';:.62 ft. .2st .:'.: 2'-)29.22 ft. Lorth of tLe S. I.i. cor. of the Jillnes C. Looney D. L. C. 1i54, in '1"11". l'IS., ;~2,1. of the ::.j.. and ,'unr:ing t!1ence, S. 005' :::. 1200 .ft. alor,g t~le ,;e3t.eL'1~,' liLe .:' :-.:...; SLiid ...J.oy...: .... Cr'':'.! ..;. ';t:.li~.l :<. G:'J..:; t-1:'C;,'~i'~. t..~ J. "..:'~~.:.., :"i!er:G~ t:.'lst :;~14 ft. Lv a certai:-; po:.r.t, ~nence j';. 0051 12L.] ft. tL: the Souttle:'ly rig;' t 01 .:2..:; 1.i::e of said n\\:,'. 126, thence 5.78022',:. 218.2'1 It, along the Souticed;, right of \.oJa.)' lir.e of :dhy. 1.26, to the P. O. B. in L.C.c). Containg more 01' less 'I. Dat~ ~~~~~d~c FEB 1 2 2010 Original Submittal 1066 ~ 11 \' 1967 1977 1978 1978 1981 1983 1:::95\'Jd D<-:~.L; LUU ~ r'.:;.'..: .. DEED RECORD q"'~'.'-'/~":','~. y. ,~_v. _ ...~:(. ^ tJ.CK' ?-3'34/737C,( 'k" Cor~'.Dee( Y/ ReO" ", '1"[')' : ~ . '-'''' . , . (U/ R876/77967'~~ - R909/31864:P R1121/8107l75*/ R1323/fl443 I~]>* 844 3 ~33*J,t 8443 ~f,2" *' R2113/0565,lG> ?f- jaGS <Yl (:vL\ r:. 6.00 FOR ,,, . : ,,' ~MENT AN, . ',HION U'. ,;: '{ .... - I"." . . . . ',. l 1. After Recording, Rerum To: Until Further Notice, Send all Tax Statements To: Musgrove Family Mortuary, Inc. 1152 Olive Street Eugene, Oregon 97401 Musgrove Family Mortuary, Inc. \152 Olive Street Eugene, Oregon 97401 Cl, (.:,:: u, r~ i':: 9 ...... ::i t:.--a - (/8'110; STATUORY WARRANTY DEED ~ i.:.:i L:.J ,-- <<.:..;. c.; ~'J c~ C) ..... SCI Oregon Funeral Services, Inc., an Oregon corporation, grantor, conveys and warrants to Springfield Cemetery Acquisition, LLC, an Oregon limited liability company, grantee, the following described read property free of encumbrances, except as specifically set forth herein: See Exhibit A attached hereto and incorporated herein as if set forth in full. 1:.:: E "" Such property and this conveyance are subject to all liens, claims and encumbrances of record. , The true consideration for this conveyance is Two Hundred Thousand Noll 00 U.S. Dollars ($200,000.00) plus other property which is part of the consideration. . THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED this 15'" day of November, 2005. Division o( Chle' Deputy Clerk Lane Counly Deeds and Reeords 1~~~.~~I~D~ 111111111111111111111111111111111111111111 . $31.00 ~015u63820~~0J9156400200~4 11/16/2005 02:43:41 PM RPR-DEED Cnt:l Stn:6 CASHIER 07 S10.00 SII.DO S10.00 ,;> Its: Vice President ) STATE OF TEXAS } ) sS. COUNTY OF HARRIS ) On this 15'" day of November, 2005, personally appeared the above named Ray A. Gipson and acknowledged the foregoing instrument to be his voluntary act and deed on behalf of SC::I Oregon Funeral Services, Inc. and done with approval of the Board of Directors. XuH.~i'A:"?~ ~~~ ~;~;LIC FOR TEXAS My Commission Expires: ()fr 70- Z/)OB Date Received: R:\S HARE\LEGAL\G IPSONRA \Special Projocl\Musgrovc-Oregon\ Warranty Dttd (Springfield).doc FEB 1 2 2010 Original Submittal '\ .' ...... ." of ,,>, EXHIBIT "A" SPRINGFIELD MEMORIAL GARDENS ANI) FUNERAL HOME 7305 Main Street. Springfield. OR ELT-48919 Page I ofl Legal Description Beginning at the Southeast corner of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page I, Lane County Oregon Plat Records, in Lane County, Oregon; thence North 00 09' 25" West 323.51 feet along the East line of said plat to a point; thence North 890 50' 35" East 349.44 feet to a point on the East .line of that survey filed at the office of the Lane County Surveyor under No. 30659; thence North 00 09' 25" West 987,72 feet along the East line of said Survey No. 30659 to an iron pin set on the Southerly right-of-way line of the McKenzie Highway; thence South 780 19' 44" West 356.62 feet along said right-of-way line to a point on the Northerly extension of the Easterly line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY; thence South 00 09' 25" East 10.20 feet continuing along said right-of-way line to an angle poinUherein; thence South 780 19' 44" West 730.21 feet continuing along said right-of-way line as established in that survey filed at the office of the Lane County Surveyor under No. 27178 to a point opposite Engineer's centerline station 358+92.8 B.C.; thence along said right-of-way line and the arc of a curve to the right having a radius of 5780.00 feet to a point on the East line of MCKENZIE HILLS, as platted and recorded in File 72, Slides 19, 20 and 21, Lane County Oregon Plat Records, bearing South 780 36' 10" West 51.92 feet from the last described point; thence South 0018' 30" West 987.28 feet along the East line of MCKENZIE HILLS to an iron pin marking an angle point therein; thence North 890 41' 05" East 120.09 feet continuing along said East line to an iron pin marking an angle point therein; thence South 280 46' 40" East 222.49 feet continuing along said East line to an iron pin marking angle point therein; thence North 890 50' 35" East 333.81 feet continuing along said line to a point on the East line of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 44, P\lge 30, Lane County Oregon Plat Records; thence North 00 09' 25" West 108.26 feet along the East line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY to an iron pin set on the Westerly projection of the South line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY; thence North 890 50' 35" East 214.00 feet to the Point of Beginning, in Springfield, Lane County,Oregon. Date Received: FEB 1 2 2010 Original Submittal ";\,~",, ."'}!i""'^'~ . '-.."::i ;.;..:---4:. \.. U '- r>-l,eJ--.(.,JI1~ -." '. -,-'-~ WA:ltRANTY DEED (Corporation) 81U7975 'FOR ,VALUE;JiF;GEIVED BEANEL, INC. . ,acotporation,duly:organized'..nd:existing under.thelaws of the State of Oregon convey' to .... __, SPRINGFIELD MEMORIAL GARDENS, INC. a}1'.lIi~rreA\iP,op~rty'situated:in Lane County, State of Oregon, dc;cribed a" ii "..:',;.1 ~.3.r. j7C';"" Beginning at the point of intersection of the ,outherly right of way line of Highway 126 with the west line of the Llnyd Gray and Julio Gray property, the ,s'~fd,point of intersection being 862:62 feet East and 1929.22 feet North of the S:c;,'thWest corner 'of.the Janes C. Looney Donation L3ndClaim No. 51, in Township 1>7..South, Range 2 West of the "illamette Meridian and ru"ning thcnce SO'oth 1200 'feeiaIOn,g. th" westerly line of the said Lloyd Gray and Julia Gray property to .a certain.point, thence E.oot 214 feet to a certain point thcnce Norrh 1243 feet tn..the Southernly right of way line of. ,aid Hi,hway 176, thence South nO 22" .We't a10ne said right of way of the McKenzie Hi,hway, '18.27 feet to the nlare of be"inninr, il" Lane Cnunt"y, Orep'on 17-':'J. -!is. ";~). ,- .).DO AL<O:Beginning at a noint on the NOTth ",ar,in of McKenzie Highway being North 3010.92 feet and East 862.62 'feet fro'" the So"thwest corner of the Jamt' C. Loonev Donati on Land Claim No. 54, in Township 1>7 South, Ran,e 2 "est of the Willamette Meridian; thence North 400.33 feer; thente East 195.89 feet; thence South 360.00 fept to the North marg'in of McKen~ie."ighw.y; theni'e alonr said North margin So"th 780 22'. 00" West 200.00 feet to the point oE beginning, in Lane Couney Grego" t\ B ,,10' 8i \ 1 \ 1 0 D O'O~ ~ c' and covenants th.t grantor is the """,,, of tl,,: "hove d,',cdld I'''''H'''~' rn:c "I' all "nen",h,"n",", except co,:ditions, restrictions re~et"Vations and eaf'em~nt~ of rec(lt"d and wiU.warrant and defend the """e ag"in" "'Ip",;on, "hn ",ay '""fnlly d"i", ,he """e, except"' ;hown ahove. Dated thi, 16tJ) 'day of F eb TUny _, 19_'::. Dnn,- by ortlc' "f th" IluII,d of Dirccto" wilh the '''"[ of said corporation: The tr"e and actu.1 COllOi,lcrlltion ro, thi, II'"n,r", i,' n,"er nrnnA;;,U...in exchengc BEANEL, INC. Date Received: Ill' IL),~-,-...,. U./ j{~~ .... ~prc!;lt1d('.i;t ~/" ,Of ".r ~'._____ ." /~::. I. 1/ By }" r:l~U:'.J.'.' C 1\, - ,-<,-,l.::/l_ \./.1 ,I\.s~ ~bClary ~ .;; ..., ,,.,. '.:;t::::!" FEB 1 2 2010 . . f~J~Yi!~OFOlt~.GON )Original Submitt;>l ~t));~,.:;::q~~l1.~y",ol:,J~~he:;:(", :. ) 55. ~'!Xr~';6i\;\niS',"6'h~~J~;(9f Febn,ary . , [Ii...!', hd"" "'e apl'e.",d IIARVEY \~. KlnNG · f;;Jll~{,~!/l~~:.""", ,.. ",,,.:::,~.';~'::;";;';~:',:',:? :::, ~~,~::::;,~~:,: ::~ ::;;,;:"'::~;" 1 fif(.';:;'~FiJl~~{~~~aJi;lli~".eK'iIt;';fiihccorporation by authority of it; Bo"'ypir"ctors. IlCforcc. r 1n/';7/ ///' . ~i).. . ... V;',~;;:..:,,~~:..<j.. rA/~ )1.- ra~/~$ 7 -:iF v-~... . Notary Public f9r'I'1rcgoJ\ . My Commis::iion~~pircs Nove~bet" 8, 1981 \....,'j:." "".-'''-,' -, .. ::""': ;.-"".,- .i' . .,~" , ,. ~;." ".'- ~r~;"\ 'i, ..~,~,; {j:;:' . '_: "do'hetebv'(:~rtlf\':ihaHlie-""'lhll'l'lnS\rumtnl was . -r : l~~c~~j~:i6~';~,~~f~\~~?~ - -. ,- -, . . '?d>:~!-:r3 BX~::{~:. ;~G ~;i: , ~~'~~ii !C~1~,: ;q ~- . ." ,j' i Reel .." i' .- ! . ~ ,. ." ~'" '1' " " .,-~ iil ','. , ,:'. ~ ~ ~'i'; ~i~! %1 "'. ~~~ ~.:: ;.\.tJ:;;:.. !~I, ...., ~. . ,': . . ~ "'S"191'R' .-':'_ w..... .;. :~' :,::\ '-' ~ ",:~~~e.co~n,,>,.-~n:~~::~l RecOllls. C;>O:~t. ~enro\d:-'Dir(.:ior of Rccords and E!ec- liO:I1SDi\i~ion. ^~ . ,,1 .:j- , I i I' .' o ~ cO: ,s. !!!. en c: 0" 3 ;::;: Iii ! i ! .~ ''''. By ~,(:.l.il9.n) 0",-;;-0 oo-n' ." /TI CD o Q) - CD ;;0 CD 2 <' CD a. .. '" "-> = a , ~.. " -. \.\lGI'I'H.I"'f ... C lC.E.Nl\E. 218_;"--. of 1''' f'/78.2Z'r .__--- ~ --. .. ". \~(' ~'---': ...,-- ~- 10' rDad_oy ded,Ca'I&U' ).. ) , ~~ .... ~.~ .~..: ~ ~~i ;;~ l' .~~. ' '~.:: ~ \ " ~ i...):~ Gj '.' (!) ~S " Cl' (,-~ ~ ~ ~ ~J . h % ;. < Date Received: FEB 1.2 2010 j Y, '~ ~ S89.SO'3S"~W J.B~' Original submittal. ~ ~ ~ ~ , . (ReGISTERED) OREGON LAND SURVEYOR ./~?fnel l JUl,.V 10. 19f,4 J S. KENDRICK FORD 6"2 ~ ~ ~ ~ ( ~ ( ~ \ ~ " .~ f) y \ " '" ,~ ../ ~ roun(:l concrl!lf'1!l ~ ;;:;n';';:I;:w::;It",.1 0- cOrner otl' Ih~ ~ -:;:T!:S"';;;.~~;;;s' ~/LINlrIAL POINT RZW-W.M Also. . J. - 'h~ In,hDI ,Po,,.,, (.) . o/' Spr,n9.tI'/~/d -'SB!r.s(J:.3'S~w 208..14'..- Ml/!lT>oru;z1 C",,"et..ry; tV O.Og. ..W VOIUIT>6 4".poge2~.. . /7Z7.ZY' ~an6 C"""'''y i)'-'fP/n . P~ot r"cords. FOund .s~.lJ.cenCrl!1'6 rnonun'1en' set In Count"y ..~,r,Z7<t1r"E 8Sr..7J;~ f Survey No. Z054 "k.v / ,,~~.~~' .~. . VS"..dh hn6 01' DonDt-lon L.Dnd Clo,," No. B5 by Count-y Survey No.ZOS4. r=IRST SPRINGF;IELD -SEC. 35 T 17 S R2W - W.M. 1 _.__-" ,_ _ , . S.ttlLE I l3DOK -';; 0<l6E ( ADDITION MEMOR.IAL SURVEYORS AFFIDAVIT - I . /. s. KendrIck ~ord, 1;:6'1'"'2 ,r,rJ"f Ovty --!_orn. JOY t"nof I 0," 0 Reg,.sr~r'd ~o,.,d Sur"'d'y~ In 1'''' S:f"ot"~ otl' Or~9oni rho' I have COrrecl"(y surveyed and n?orlfed won'/? proper ,"onumenl's I"he bovndorles._ sho_n hereon,. that I hove set" 0 Z-.r St:. -,;>o/vonJ~ed Iron PIP" If: ~ belD__ t"hti' svrl"oce 0/ Ih~ ground ror the INITIAL POINT or FIRST ADDITION TO SPRINl;FIELt:) MEMORIAL CEMETERY ana' tho" .so,o' Indict' PO'-'" hears N89.Z7'47~ 8t2.CZ "ee' and N 0.09"2.5-""". 17L?;29 reel" "'rt;Un the concrele rnonc.unenf markIng t"ne southw-est. corner o"tl' t"he ./onJes G. Loon~'y Dono',on Cand Clo,,.,., No. 8.5, TownshIp /8 SO<..o'-l1, Rani}e 2:... W~sl" or.. the. W/(Jo'7'1et"te,_ Mer'-.o!on" and.~. a/so ma"rk..'(79 r"he /nlflol P;:)(n; or Sprlng/'Ie/d Memorlol CSn7et"ery. occordu"J.9 t"o :1'he plar Thereol' recorded In ralun?1!! 40. page 2~. records 01" Lane County. O,.e90n. .../ ,;:;_/...;....~ ~~ .s: KendrIck Ford oeF'ort! , 19&,5. Subsc~bed and f!':l.':!rn TO "h,s ~ doy or ~<./~ ~hl:"'-' f7 JbJ/"'R---.-/ Net"or.)" Pvbhc ForYOregon My -CornrruS,Hon ';KP'r:ei-.' ~~P ~~ DESCRIPl'ION Beq,nn"1_q at t"he. above descr,bed /NITIAL paiNT} Thence 1V?J.Og'z3-W 199.97 I'eef' to 0 pOlnt"'i .f'hence S89".:To'35~W S.8t. {'eef' 1'0 0 pOlnl; thence /VO.O~'Z.s-w 1000.00,reef 10.0 pOInt on Ihe soufherly. rJ;Jh' 01' woy ."ne 01' the MCKenZIe HI9hwoy ("oelng 8tJ reef In wlcfly); fhe)7ce N7.!J.ZZ'E ZI8.-37 .reef alOng SOld right of'way /Jne TO 0 pDln"" rhence_ S O.09'2S~E 1243.41 /'e-et TO 0 pOln!'j l"hence S89"',$O.3S~W 208J4 Feet" t"o the /1'111',01 POInt In Lone Counfy~ IOre-gon. " DEDICATION , KNOW ALL MEN Thot BEAivEL, Inc., .~ corporahon In fhe Sl'ate or Oreson, duly 9uoh,l"/e-d and Dufhorlzed '0 do buStr7E'SS ond 1'0 oVll"n property In sOld S"ote. /S The owner 117 ,t't!'e SImple of t"he l'are90ln.9 descrIbed real properly i thaI' d does her*,bj' deo'lcote. "0 cernet"ery ,owrposes the land sha_n hereon, excep" 0 .strip 0,1' land 10 l'eeT In INfd,.h 1y1l'7!l OdJocent 'A and sovth 01' 1'he north line 01' tne above ctescrlhed tract .01' laneT, whIch 1:1 hereby dedlcoted ,.or roadway pUrposes t.o the I'ree vse cr. t-he public I'orevcr. . , IN WITNESS WHEREOF scud corporahon 110$ caused ThIS Insfrumen; ,1'.0 be execuTed In Ill,S n(un8 0170' on It"S behal/' by H. W Krlngl II'S PresJdenl', and -Lol'Ve./1 Rhnden, ITs Secrel'o7- Treasurer. purJuont to a re.sclurl:>n of lis board 0,1' d,recrors.t and J'-hey hove caused t-he .s~ol Of SOld carparahon to be o-rl'lxed hereol'? BEANEL., INC. I aM'_// Phndel? lOl'Vel1 Rhoden, Secretory-Treasurer H ~ Krl"O /Y..W Kr"~s. P;::-esldenr 61 LED AT "'ClOCK..__n_M APR 30 1965 11l.~ 1'J..~DO\PII, tl~t~. 'M ~1llr.-1IS'~~~oI~~ft.1. FJ'(.....2J::1/'l,t'U,.:r;..~ I . DEPUTY I I": LANE 100' CQUNT'y', ACKNOWLEDGEMENT. STATE ()F OREGON~ COUNTY OF LANEfu, ThIS cer"IFtes rhot" an "'he~dc'y or -.J......:..f _/19'5. oppeared bel'.ore me the above nalTJed HW. KrJnq ana' 'Lowell Rhaden bo t"h persanally .know-n ra me te be fhe Idenhcol ,o6rsonj . who e/l"ecuted '''he above' 'nstrwrnent and I'IIho, befng duly sWDr~ d,d soy thof they were the Preslden; and Secret-ary - Treasurer, respecltvely, 01' BEANEL, Inc... a corpor:ohon In t"he Stol'e 01' Oregon; thof the seo/ O(I'IJHlId to -50'0 Instrument" IS The corporot"e ,sear. or SOld f~rporctlon;. ,thaf_.t:lJe,,~ald'.'l7.stru,"ent was _.'._ SIgned and. sealed In behalr oF" SOlO -corPOraflOn by Dvt-horl"y or Its board or dlrect"ors; and thet SOld 'TJstrvrnenl I~ The Free act". and deed 01' said corporatIon.. IN WITNESS WHEREOF I ha,J"1), .:J.e; seal thIS /J'fi a..oY of 7.....d '-- ~?t;.",. .,.:- Notary PublIC F'or Oregon My CO'!7I'nISSIOn Explres~' Mort:h "? '"yo /'Iond end , 191;,$, oF'rlKe~ my 191.7 APPROVAL LANE COUNTY PLANNING COMMISSION v,ce-Chalrman \/- F ......,--',., ..\ ._,_, .~_ .___.... .4_1=_'::'" =- S e..c.re tory d_. ~.~tO _<:_=. \ _I R....__~~ L.ANE C{)UNTY OFFICIALS . L'.O,,?n7IS.s10ner CO/Tfn71SSI0ner ~-- ~ t=,..___ _I ~__ I..J.. CommiSSIoner Assessnr 1.- ""-""__'''' r-- ,-...,~. Surveyor c =- \.~ I ~ _ _ ,....~ .a._'" CI._r_ DRAINAGE AGREEMENT If IS hereby ogreed "hot Future developl??enr.ol' t"hlS area be,n st"ru:f accordance I1'It"h applicable STore~ CO&.lnt-y and CITy laws ar)d r,egulo;,ons and rhOT ade9uak Dn(7 proper drolno3e FacdlTles WIll be prOVided TO prevenT rhe s'er/77 ..vOTer: Prom thIS area, rrorn enJ'-erln9 upon I'ne od./acenl propert"y,' e~cept". thaI sl-lch srorm wct"er /'VIII be broughT 1"0 ana properij entered Inl"o the MaN? Sl'reet STOrm dra,,?, all 10 '/"he salts FactIon 01' t"he County En.9lneer. srATE OF OREC'''v)s.s COUNTy OF LANEJ . I, s. K~"drlcJc Ford, belnS duly ~wa~n, so)' Ihol ,.h,s IS an exoct' cop;/', 01' fh. r,noJ n'lOp oF' J'#~? ......"'1'1-....'" ~... ~p .,.e'",n ~,....",#,.., ""-~,.,..,.o" ._ Tj7"'~""''',,~, '/"7'LL:"t pJ s. Kend~/ck Ford - Sub?.scnb.-d . and -?r:Ol';11 fo bel'ore me fh'$ - '7iUl dey Dr ~.......,. .I 19"5. .iI!uM,~) y? -4k,~ Nolory Pub/u;: I'ar Arejon Ny ComrnlSSuu'J Ellp,res~ IJ-~_6.P . -- ..~~-:-;\.~ ..- . '::.- -:;., '. .~ S 144 P,evlOUs Account Numbe' Remarks , . ... ~ _ 1-50-303-050(3-81) PARCEL RECORD - Cartographic Unit 'I' 'be Parcel Number o o -~-- C<Xl' ,;" - - - ro.;;;"'p - R'"g. S"".on I 1 7 02 35 .. .~ Map Number Tax Lot Number History of Parcel Prior to Re-mapping jPT9VlOUS Tall Lal Number 03705 -'l~",>i " TyP<' I SpeCial Interest Number 2'11 08 385 Formerly part of 17-02-35-0-n-03701 p. 03705 Page of 2 Exceptions/Additions History of Parcel Date of Entry! Acquisition Deed Record Volume Page (17~2/92-45107 WD I 2113 956501tf I . '0 11 ~ > 5 '~ '" B '" Q) .~ I~ .:r.. Q) UJ :;] ... L.L.. (/) m 0 c :21 c5 NEW DIVISION EXCEPT: 2.14 ac out to TL3706 bv R19D2/9380D61 for 1995. Containinq more or less 1992 1995-,'ld " ,,~' .~$f ~ ..,t'~ "",,'I, ..l ".."",,W' .~""i"'i - #," v~ <<J ~~ ~'<.- Acres Remaining 9.33 7.1 q 1f- ,...:' ,'INDI"lDUAl WARRANTY DEED 10/. />-'- :1. 10/ 75)' J~:~~~:_;;:OO 3703/3701 WPT 98960 - 10-21204 "I.'.l-~5' ;.. -fLf ..~ ~'~ :~..f;;'/ KELLY ROOERS convey' end worren" 10 SPRINGFIELD 'MEMORIAL GARDENS, INC. . GrOlllor, the lollowing deKribed reel property silvtir.,d ir'! LANE free or encvmbroncu "~cepl 01 lpecilictrlly H,I forth herein. Io.wit: ,Gronlee, County OR SEE EXHIBIT "A" ATTACHED HERETO AND BY nus REfERENCE HADE A PART HEREOF ~;!Q;AUG.1l'92U03REC IO.f] . ~~8~UH: I n2UB1~~YN~uNIJ ~B:[ J RIGlITS Of THE PUBLIC IN STREETS, ROADS AND HIGHWAYS, 1hil conveyance is 1ubjecl to ond e)(c~h: COVENANTS, COlmITIONS, RESTRltrIONS, RESERVATIONS, EMElfEnT: or RECORD I\IlO 1992-3 REAL PROpeRTY Tl\XIJ9, ~ LIEN NOT YIlT P~VI\llLll . ., fl,,, trve conliderolion for rhi1 conveyance II S / "1HISINSTRUMENT wn.L NOT ALLOW USE OF THE P1IOPERTY DESCltIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGutAT1ONS. BEFORE SIGHING 0Jt ACCEPTlNG THIS INSTRUMENT, TH€ PERSOH ACQUIRING FEE nTlE TO THE PROPERTY SHOUlD CHECK WTTH THE APPROPRIAll mY OR COUNTY PLANNING Df:PARTMENT 10 VERIFY APPROVED USES,~ 50,000.00 STATE OF Oregon q'~:Yi1 - , Its, Lane J 11,11 InJrrurnenl wo, oc~nowfed'ged before me Or'! 1(..11v Q............o COUf'ltyor ~/.\f 1(. 'Og? 1 _ _ O'''CIAl SEAL 1 / _ L / ~.-r:.( J/.H!:T CATES /ftLJ~ f / /lJ.L1 - .. NOTlonVPUBUC.OneOON l' ~ - ' COMMISSION NO,Ollnt . N%ry P ~c for MV COI.lMISSIOH EXPIRES IN'lln. 1m My commIssion expIres: U~;ji 0' ~honge h reqtJflled, aD, to. Jtotl!menh shoff be sent 10 the ~n9 orJ4.r V 1305 UQ/'7 Sh--I Ct'llhyhdci; ~ vlV7P Alter recording relvm 10: Weslem Pioneer Tille Co., P.O. Box 10146, E~ene, Or~n 97.uO by n51t(, Received: FE3 I 2 2010 ""'='{,i'}1:'" . ;..jt~:-' Original Submittal :''"'.r,;. . "'""./.:.:' :.'i,,*~;~'" ..._ h_. _. ___ .______.__ ~it~)i ,~ . 'J '--'I !;:j, , , 9Z451.07 EXHIBIT "A" . , ",/ I 'J{ l ~1 0 \ /J) G~t\ Beginning at the iron pin marking the southeast corner of First Addition to 'Springfield Memorial Cemetery as recorded in Book 45 of Plats, Page 1, Records of Lane County,! Oregon; thence, North 0"09'25" West 123.51 feet along the east line of First ^ddition to a point marked by an iron pin; thence, North 09'50' 35" East 100.00 feet to a point marked by an iron pin; thence, North 0"09' 25" West 392.04 feet to a point marked by an iron pin; thence, South 89"50'35" West 100.00 feet to a point'marked by an iron pin; thence, North 0"09'25" West 724.49 feet to a point (be ing referenced on the ground by an iron pin bear ing Sou th 0'09'25" East 6.83 feet) on the south right of way line of the McKenz.ie Highway; thence, North 78"19'44" East 356.62 feet along said right of way line to a point on a line bearing North 0"09'25" West from a point bearing .North 89"18'23" East 563.46 feet (being one - third the distance from tl\~. sou theast corner of McKenzie Hills First Addition as recorded in file 73 of Plats, Slide. 90, Records of Lane County, Oregon to the southeast corner of the James Looney Donation Land Claim No. 85, Township 17 South, Range 2 West of the Willamette Meridian) from the southeast corner of said last mentioned plat; thence, South 0"09'25" East 1311.23 feet to a point; thence, South 89"50'35" West 349.43 feet to the point of beginning in Lane, County, Oregon. ' .S 'tl.<: l' .~.~ 1; 0 .5~] ..; \, " '"': ~ "E .2 l'Cl ... 0 \~" ~ .<: " ~ 'tl-o '" ~ ,~ ~5~ a: -' '0 N ~ .5"5 ~ d", w.. ~ . T ~ v'a; C\I ~l -t >- ~ '" IE~ c ~ ..0 o C o ~ ~ rl ex) 00 gp:l w ~.<: ~ I"'- ~~ o~ 00_ ~ o 0 . 'tl 0 ,.. . . ~~ o . 00 U ;;.E to UU ~ c .of ~, . ~ - = .<: = <.( Ii o 0 >- J! 0 - 0 . jj <JlU ~U.S '" '" Date Received: FES 1 2 2010 Original Submittal :::'lE'~~I;..." ,- - - -~..~:'~~;)}~:.r:'-' -:-- ':'i:YJf:.;,:, '"-'''''''''''-'''''''')f''''' ,- N~n O-....JOJ. ~ I " o CL "' N ...., IN oow U'10 W.I -1, 000 U'11 N ,0 I o W ...., o U'1 /, I '...... I,,',. ':.",. : BAAGAIN~AND' SALttOEED "(Cclrporali6n) . . ':;~;;R'ETUAN TO.CASCADE T1Tl_E CO.::. "" ([) "Q~"'0061 ~Ah""CCIQ'jnVIIIUfnlO: :gA~j,;;;;5Jfl"!%%#$ . ~J}j};?:}jt;;[D1:ii!?r. TJ NAME, AI.>OAE.5S, lIP .c.l-l r'f;}.JCJ.. . , rr ~ ~ M 00 ~~H < > ..~ ~ , '. i " ~ ~ .."..... NAME; A:6o'R'[S'S: 'Z'Ii>....... aI . ~.~: 2'g:; ~ ~~,Q ,., -0 -0" V< {:;-<, J.,..... ,Il ~ 0 'I.. ~~!::l ~.. ~.~,~ . a. ~.:> .,..-<, ~ .:.~ ~~ j _ 0 .:al~. "H. . 'S' . n~ o. , - " ,0 ~i ~ ~~ ~ CO C N J:I Unl;I,cn,n,..I'llCj""I11d,mallallt..'llllmMlllc: S / . .... ......SI.t~~ u........... D/ I /. pi fO/! VALUE HECEIVEil SPRINGFIELD MEMORIAL GARDENS, INC. . . a tOfpofntfon duly orgnnizcd llnd odstlng under the IIIWS of Ihe StJt~ of Oregon hmby irll'~'t3, btIrrDln~, sejii'';~d'c:n.v~;j tnto ".- . ". ..... . ARIE MACK MOORE and SHARON G. MOORE, husband and ....ife . the following dmribcd r~DI proporly, with tenement" heredllarnenWl and appllrtenance" to-wit: ~.. A TRACT OF LAND located 1n the Southeast quarter of Section 35;, Township 17' South, Range 2 West, of the Wil1sllIette Meridian. Lane"County, 'Oregon, being lDor:e:'~:. particularly describsd as follo~sJ < ~ Beginning at the iron pm marking tha ,outhee;t 'corner' :of 'Firet :Additi9n)O Springfield Memorie! Cemetery as recorded in Book 'WofPllite', Pligel,:Recoid.:of. ',. Lane COWlty, Oregon; thence. North 0'09'25" WeRt S2SJ51'f~et liloIlg the'e.aB.t 1i.n'~'gf.;" Firat Addition to a point marked by an iron pin; the~ce; Nqrth Ag:Qq'a5'~ EaAf349:44'-: ~ ro a point marked by an iron pin;.thence. SO!lt.h 0'09'25" ERRt 32~t51 rABt~ .the'nce,' . ,qllllth AQ'fjO'3fi" WeRt. 349.44 fMt to ~e point of beginning in Lane County,.Orego~: , ;t ~ !lliDEC.OS'93MOIREC 5.00 !!2~EC. OS' 93MOIPFUMl 10.00 !Q~EC.OS'93UOIMT FUNO 20.00 D~l~d IhiJ~d;IY a/ I\IOV ,19[2l. Done by arderof tho BOlIrd af Dirc(!ar, with !hij 'COli of 5~ltI corpor~llon.- . Till! truu ron~hJl!rution ror thl5 convoyance b S .r;.., r I,~"p f1 "d a (ftrfiCtl ' '~Il1M.I.~ By Vice Prc5ldont dt,~. .J ~ By An'l. SlIcrotllry fId914JE7C1" /. ~ S1,\TI:: Of' OrtEGON ... .. COUNTY Of' LMH:: ) Onlhh 3a~ dny o(IlJlltll"'IHI'!:....t"', 19l.3. beforo muppurod Allie //hAcf<.. PYY1~o~e: ,.:;:"llr? IInd c:: Hf11)()", ~ /Yn cd'~ who bolng Iworn thAt thoy arc the VIce Pruldo'nL and A;.'~'S()crct<lry, rl'~/!"dlvQly, of th.1I corJloutlon, Gntl th.t tho nul orllxcd hereto II IUlIODI, and Lhot thlt duod WlU volun'llIrJly.iigncd ,'nd' JClIhid In ~~hll/ or lh~ eorporatlon by outhorlty of lu Ooord of Director.. Botoro mo! . . . '., TfJ~':;~C:':;'~'~t.,;,,,,' -'-- J..'A'a.jM(.J/)1%~ \:~U N01III'(P'..1 .IG.('''<;OON ~JcrorOngon l\ ~(<-.a~0 C(l:..l..I,j,!:,.,:tl"~)~S MyCommbslonExpJrcs X-,' ,. I tAYCOf.i~~IS~:O.'. 1,'.;;.;.1::.') MI:l.1J. 19i'7 ..............n..... TITLE COMPANY 1075 Oak Streot, Eugene 'OfmNc, 111 , ':':jf.';" '<~' :kC 'J!,. ::-'f?tfi '.'.'J'I":'.': ti~' -;::::: '~" . '.' ,,' ~.. ;{.,: ........... .1.' .... I Date Received: .FEB 12 2010 L Original Submittal .1 ;~~;:~::~ . ~W;k. I~;;'" :".""":~ :.. ;}\~~":"--' 1ft.. 1'1ff'::"" . flf::~: ,"L~', ~tt:.. :i."~'r.' '1:" I "Vlt.. ~~J~" l;'~!":"" iiW~;i. . "l,'-[I.. j'"&i1~~;/' j.' '.'"' ::':iJf:'~:. f~~i~::: ~\f~~.~Y. ~'lWj\'~':" . ',sti':I!..i';' ,~~r .O~":I':;' .,.:",'.: ,.,.......-" '....... ':'.!J':' :':~?.f': ....,. \: ..-./:~.. . ".-,.,. ..,...:. it~: /"':' ~;:':( "'. .~. ,.., :"''J,-."'({" "".,11. ~ '0 u ..... ,..J ~ >= - 0 z <::: -' z UJ UJ .0: <1:l 0: ,~ , 0 I- ~ ~ :::0 . tu ~ cc: - , ;0 ] ;; . ., ! . i 0' 1 - . ~ ". ~ - . . ~ ~ ~ ~ ~ . J " I . - ~ . ;0 : . . THIS SPACE FOR COUNTY USE ONLY: Division of Chief Depuly Clerk Lane Co~ntv Deeds and Records , Cf,OS/OO 3&1' t:^0f--crClLf)/ ~ 2~~~.~~m~ 1111//11111111111'1111111111 "T 11111111111111 $36, 00 1075,35520050192760003l137 11121/2005 02:01 :22 PM RPR-DEED Cnl=1 Sln=6 CASHIER 07 $15.00 $11.00 $10.00 After recording, re~um to: Gerry Gaydos Gaydos, Churnside & Balthrop, P.C. 440 East Broad\:Vay: Suite 300 Eugene, OR 97401 UnUl a change is requested, send all tax statements to: Springfield Cemetery Acquisition"LLC 1152 Olive' Street Eugene, Oregon 97401 STATUTORY WARRANTY DEED ARIE MACK MOORE and.SHARON G. MOORE, Grantors, convey and warrant to SPRINGFIELD CEMETERY ACQUISITION, LLC, Grantee, the following described real properly, commonly known as 2.6 acres.adjoining Springfield Memorial Gardens and Funeral Home, and more particularly described in Exhibit 1, free ofencumbrances. The liability and obligations of the Grantor to Grantee and Grantee's 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 Grantor under any title insurance policy, and Grantor. shall have no liability or obligation except to the extent that reimbursement for such liability or obligation is available to Grantor under any such. title insurance policy. Subject to easements, reservations, restrictions and covenants of record. The true consideration for this conveyance is: $87,367. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR.COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST.FARMING OR FOREST PRACTlc;ES AS DEFINED IN(ORS 30.93q. DATED this 18th day of November, 2005. .~~~ Date Received: ARIE MACK MOORE, Grantor STATE OF OREGON ) ) ss County of Lane ) FEB 1 2 2010 .' Before me on this 18th d$mJ~mb"", ~ud. pArsnnelly eppeared the ~ov?ed ARJE MACK MOORE and acknowledged the fomgoing instrument to be his voiuntary act anceed.. _1f:.:.. . _/7, ~ ~ ~ . ,,"'" ,oo,. [, . -,-- ""i..", . ' TONY CURCIO I of3 STATUTORY WARRANTY DEED ' \. _,; NOTARY PUBLIC ,OREGON C\Documents.and Settings\Melissa\Local Settings\Tcmporary Internet Files\OLK26\00002061.0C \)1. ~ ..' COMMISSION NO. 355844 . MY COMMISSION EXPIRES MARCH 19, 2006 ".",.."" '. ' < . STATE OF OREGON ) ) ss County of Lane ) ~ R1 ~'-4 ~.~~ SHARON G. MOORE, Grantor 8.J. A~IG. ~.4c/,- ,!UtJd!t /Ic,e Am~~ /A-' 'F?f<=, I Before me on this 18th day of November, 2005, personaiiy appeared the acknowledged the foregoing instrument to be her voluntary act ?nd ed:- ,-, .~C ~ ~ /:::? OFFICIAL SEAL _ - 4,.-" --/ ~ . TONY CURCIO . Notary Public t'07ore " i NOT AFi'f puetlc . OREGON ........ ...... CQUMISSIOi" NO. 355844 . MY COMM1SSI0r~ EXPIRES MARCH t9. 2006 J ( Date Received: FEe 1 2 2010 Original Submittal 20f3 STATUTORY WARRANTY DEED C\Documents and Settings\Melissa\Local Settings\Temporary Internet Files\OLK26\00002061.0001.DOC . . . ' " " EL T - 49482 Page I of I . Legal Description Exhibit A A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West of the WilIametle Meridian, Lane County, Oregon, being more particularly described as follows: Beginning at the iron pin marking the Southeast corner of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as recorded in Book 45, Page I, Lane County Oregon Plat Records; thence North 00 09' 25" West 323.51 feet along the East line of FIRST ADDITION to a point marked by an iron pin; thence North 890 50' 35" East 349.44 feet to a point marked by an iron pin; thence South 00 09' 25"'East 323.51 feet; thence South 890 50' 35" West 349.44 feet to the Point of Beginning, in Lan~ County, Oregon. . Date Received: FEB 1 2 2010 Original Submittal , OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES OFfICE OF COUNTY ASSESSOR LANE COUNTY. O~EGON OLD NUMBER 1 422 391 ACCOUNT NUMBER 'TAX LOT '-':;AP NO 1702 35 -I PARCEL No._37.04 J SECTION TOWNSH'P _ ..IRANGE WM I INDENT EACI-i "I[W I COu",.E TO TI-II. ~OINT LEGAL DESCRIPTION DEED RECORD "'CFlES DATE OF [IIlTAY. DEED "IU"IIUI R[~"I"'ING T (out ot :J/U:J) Be9inning at the 5/8 inch rebar marking the ~E corner of the FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY AS RECORDED IN Book 45 of Plats, page 1, Recorcs of Lane County, Oregon; thence N 00009'25" W 123,51 ft along the east line of said plat to a 5/8 inch rebar marking the TRUE POINT OF BEGINING:; thence N 89050'35" E 100.00 ft to a 5/8 inch 1988 R1323/8443940 ;f 8443939 ~ R1323/844: 941 * :t 844: 1938*'( 844::'!42* * R2113/956)010* ~ dOOS- t..:A'8..,,-\ .t- N 00009'25" W 392.04 ft to a 5/8 inch rebar; 1995\'ld ;)O~w{) reba r; thence thence S 89050'35" W 100.00 ft to a 5/8 inch rebar seg on said east line; thence S 00009'25" E 392.04 ft to the true point of beginnin9 in Lane County, Oregon. cont mIl , 0.90 EXCEPT: 0.46 ac out to TL3706 by R1902/ 9380061 for 1995. Containing more or less 0.44 FOR A"<:;,,,-,,,, . A . ... ,..:;: <'>ME ~IT ND".. y U.t. "~fj:l; TlOt.. . '" v ....-1 *does not read as the above, but includes all the 'ein I Date ReceiJed: . FEB 1 2 2~1O Original Submittal .'" ..'<';-:',"':; . ' IZ-,-..~:~_!'.~!~_~~.lClAtM DltD-~~~'O'Y ,~~~,II~cll'j"Y~I-~;'S;}~4a9B 9=---.----.-,=:-=~'-'.':::~.~:~~:~~:.o CA". .".:~~~..~~_~~~~~....-'l I; ., \./ \tllITCLAIM UEEIl-!STATUTOItY.l<'OIlM 17 u2 j~ UU 037U3 @ I II \ \ .., ."'OIOIOVAL "~'."C'" . !~j~m:t~2ii;!(I~9,~()\~j;Ll;}.RIiOD]i~LW. E LA I N ERH()D~N ..11<1... BE 1\1 fI A'~:GlSn'O" relet:lses .t:lri'!"<Ju_~tdajms to .. ,.S.P.R.JNS:;F..U~.L,P...H.6.MQRl^L. ..~ARDENS"".,.lN,C..,......,q,T.l. ....0.i..eio.n:. .~:o.:rp.o.r.a:ti~: :.:~,l;::. ,,' .".,',' ,~.,~:.~~:::.,; .n r,e~1 .pr9perty :si.tu~ted:,:in... .. ...Lane.... . ....Grantee. t:lll riiht. title and interest in and to tile loliowillll,descrjh~ci.',:; ..County, OreB~n. to-wit: ' See At:tached"Exhibit itA" ':1';' 'I.. , 'I r' 2063AOOl 11/13{84 WVT **0001** (If SP"'CE INSUFfiCIENT. CONTINUE D!.SCRIPlION ON HVf~SE SIN! ;'Tre':'true' cOflSideration lor ;his conveyance j~ $..1.0.,.8.0.0....0.0: (Here comply with tile requirements 01 QRS 93:030) ;p~';id:'~h;~:;:':ld?:~:~'~';': ~i": :.....O.c.t.ah.e:r... ....., 19..S.4 ....~r~~bJ?~~~~;:{............................ .1 mlir~eY~Knng""'7)"""1'''27i''TJ''')j'''''' I ....L~e€?;;:t;...Rl,1:9pen.I:.O.~.l~ 'W:.'ElamrmRlf6ife~ I .........., 19..H I . .- 'Tfi'ls:'INSTRU~EN--r"D0ES:NOT GUARANTEE THAT,ANY PARTICUt.ARUSE',:MAy,~)3E ',MAPE OF THE PROPERTY : ",~;DESCRIBED~IN-,~,1'HIS';-INSTRUMENT, A BUYER',SHOULD (" ,)CHECK)wri:H'';;l'HE!~APPROPRIATE. CITY nOR COUNTY :';?,L;~NING.iP~.I"~RT.Mg;N:T'TOlVBRIFY APPROVED USES. \!/,Ri:~.g;... an~ Qc to ber 23 .A~~~~.~.'.'P',~.",.,.~,~,~.~~t~i~h'.','.' . sr1fi'i()f\O~EGplV,; 'Co~nty Oi..hP.~~~~,~~" . .:,:",~P.e;SQiialiy/~'~p:/ar~d[the.above n8med .....H~:{.~y. ;~3~~,t~tJ:J;:~' S./O" ..;;.: ':(~~l.,f.t~:~~;~j7_ / ?goi~r.i~~'}~~!~j~~I:::~~~.. ....,~.Ii::rj:h.gH:~J4..:Mem9.:r.j,a.l. . '.P:,"O'; 'B'ox' 2634 ........~@~!l~;,:Qi\;......2iI6i ',,, --.' ""~."UN.,.H.~_.....h..~.... ~...' JJ~~g.. ..voluntary 8ct and deed. ................ ........~cl?C.~Q... I G~fuii QIIANTIr. .}". County-of. .. .............. I certily ,that the within instru- ment was received for record on .the .... day of.. .. ....., 19.. at, ... o'clock ......M., and recorded in book/reel/volume No.., ,.. on paAe . ..... or, as feelfile/i1l5tru- 'ment/mirrofi/m!reception No:... . Record,of Deeds or~id c~unty.. I Witness my-"hand,"and seal of . . County affixed, STATE OF OREGON, ;i:~!l,!i'I~.~CO.'di ng ~1.'I,Ii,ii':I~1 Co. II,ACI Rl81llYlll '0' l~eQ'o""'. \Jill: ':Wi1-'1~ame,t,te .Valley Title ...:...p-,':(y:......lloX..TOI'S'6...................-........... . ...:~~i~ii.~.;...QR....Q744~Q: , ,:.L:A't.t.J.l..;..,,:J.9.Y..~.!L.. "'...,.u:....OO...UB.1IP '.:iUnlll:.Q:th,(Inli~;,rl'!liqUUI!di:C1Il.IOll:llal.mtnl' .~:~u !,~'. ,,~'n~, 10 'Ih."ol,lo~ln:; .'addr.UI ,:..:$pxA:I}gf~~..1.~t:f.ie!l!9.I..~~.L..G.".r.!:l.~.1}.~. . :..P'iO. ..Box.:..z 6.34 \:.E.~ii.@i;QiL:Q!.4q~ Date Received:' TITlE: By... FEB'! 2 2010' ........,Ddpu!t._, , . .. --. .. .'>< FORM NO,2.iI _ ACIj:NOWI..IlDG,MENT' . . :," .__,STATE"OF10REGON, .', 1. . . Il1UU'."UOL"''''r''. co P9"T~Al<R,O~U' - ~,;,~ :::1. ,..,.... " ".OngInal Submittal . ,'" /' '!, -.. ;..,.:...,' .',; " C~unty 0/ ..';:li.a.n.e ... " . '. J .. ,: >, :'_' <,'~'~. ~".;!,,~~ A " ,.t I', ' >". oj e' _ e " _ < /' ~ ." . , '. ,': -. ,:" -,- " V'~" ',I ": '.;, j}E<r1i:REMEMBEid:6;~Th~ti:On'.this:: ~ '2 5t.li" d~~, ~f, ..,. Octohe~;- ::^:' ': ' ,~.l~~,a~,>. ; .-1. ,~\ Y ,~ ~:Y:~i 1:Jeiore:in;,.,'tiJe'unde~ai~-,;odj';a~NotarylptJJJijcrin '8nd for said"Cdunt)' arid State: pei;~n8'11y. appe8led "the witlun' ",' \ , <~ : ~~:~~~!~~.~:::;1t~,;;;;,~";;;,,,;2t;;:i~~~ . ac,ki;ciw'(ll#All,cI::lo::in~.;t~at.-,:::,~.he.Y..... ::.:;.'~:,~'~~,~Ut.fld;t~~/$lIm,e 1!-~~ly~ncf,,01~ntariIY. ':;~t;'~:~h>:' - . - '. '. iN'/t~s.l.-iMONyf,WJiEit,~CJF. I htivo' hereunto set'mY:'hil1ld"and'affi~~d,," ~.,!o. '- m~"62;;::~o::V'~"tt'n .' My Commission eKpires. ..Q.,:,..~.?.':-.~,,~, , 11: . .':-Y";;' ;,,,",:,',..,, ','. ,.... 84.13939 ti~rii~~ing it ~he 5i8 inch rebar marking the "southQasl: corner" of the First Addition to Sprinsfi~ld Nemorial Cemetery as ree'orded in book 1,5 of plats, page I, records' of Lane"County. Oregon; thence, N, 0009' 25"\\1 123.51 feet along tIle cast line of said plat to n 5/8 inch rebar marking the TRUE POINT OF BEGINNING; thence. ~" -':" .;. '" :',N'89::~.::?'Q.".3 5." ~ 100.:,00 'feet to a 5/8 inch rebtlr: thence, ;7"H:' O,~;09" 2S",1\1 ,-- 392.,Ol. feet to a 5/8 i~ch rebar: thc~cc, S8.9?-50' 35"hl feet to a 5/8 inch rebar set on said east l~ne; thence, 100.00 S 0009',25"[ 392.04 feet to th'c trlfc' point of beginnin'g in Lane ~~unty, Oregon. SLlnJE:CT TO: 1'. 1984-85 taxes; ~ lien, but not yet due and- payable. 2. Rights ,of the publ ic in apd to that portion of the her:-ein .' :;des_<:::r;~fbed .tract 'of land lying wi thin the boundaries of p-ubLic "T:rq,<J~sJ,apd hi'ghways. 3', Lirilitations an'd. restr~ctions on sale and use set out .1 r")' :q}i?1P'ter 97. Oregon Re.....ised Statutes. I.. Those portions sold for cemetery plots or used for interr~d . /.r:e.m~.;ins. .5. 'RAgh.t~ in dedicated c1venues, .streets. alleys. walks .'.. :,~,,!!JY.q<l~.ays-':,'t .:?f'!.d;'"pa rks . '!S,. Any. :yi.ol'ation of or non-compliance wi th the provisions 0'[. Chcipter 97, Oregon Revised Statutes, imposing limitation on '.tic)'e ;.Llse of said. proper.ty for cemetery purposes or of any municipa-l t.~..g\IYa:.t',ioris .:per-taining thereto. . ".i,-/ . Date Received: " ;~ ~,~ ~~~ .. ,~u ~]':: . 1;.~ 5:::'2 ~o.E'] ~ ~;~ u:: " ",.,,, ~ -" ;. :00," s"g )l ~ ~ .,0:" "" .:8-.~ . . ........-...I>l. FEB 1 2 2010 ~, ~c6.,:j,. . :c-:i;:~ i ;.~~;,~ ~, ,S'S,. Original Submittal " ~ ~ -. OJ 0- o '1; 00 E ~ .u E\:":~..!;F:I-;"" .... .. ,', ..~ I I A g': >-. I, I ~'" > , . 4 L ,.. . '. ' -'.. ,-- .,-, -..' .BARGArWA"W SALE'.DEED'(Co'rporallon) ';'R'ETUflN TD.CASCAOE TlILE'CO:':,. Q~Rn061 ~All"i'CC'di"'J"Wfl'U" . ~Aff~;;;:I/~Z:ig~$ . , 01iJS'Xlil/"Y';/.j:;j''7t' ~ ...j~,,-,rSf'7:r,'k4D.................m il NAME,A.1.l0R~S,ZIP 'C/-I ?Y--,)J,. , '! 'rr ~ ~ 00 " }~. ~'.~ , . a ~ ~ OJ'H'l:':' 2~.r ~ ~~ Q , ", ,,0 - c ~ v. r"..., j...... ~;; 0 '!.. ~~~ ~ ,[~.~, , ...-<' ~ .:~~ 8 :!l. "'-'~I:r '?' . .... <0 o I\) J:J Unl;I, c~,n~ II rIQ~UI'~. mallllllU 'llllm.nll (0: ; ~ ...... ....M1<:F... .... ... ........... /D~ 9L ........NAMi;,,:6.c.RES.S;.Z.lp..... fOil V,\LUE flECE1VElJ SPRINGFIELD MEMORIAL GARDENS; INC. ~ ~orporn~iolldul'y orguni~od nnd existIng under the Jnws of lhe Statl' of Orl'S'~n hereby CTll'iJU, borgldn~, s~ii~-Ilnd't~;.v~';;:~nla . .. ,". ARIE MACK MOORE and SHARON G. HOORE, husband and ~ife (ho lollowing described ru~].proPQrty,with tenement!, heredil~menu and appurtenll.nees, lCl-wit: A TRACT OF LAND ~ocated in the Southeast quarter of Section 35;, Township 17' South, Range 2 Weat, of the Willamette Meridian, Lane"'County, Oregon, being more':: ' particularly described as follo....sj " Beginning at the iron pin' marking t~e '~outheaat -corner'":of "First' :Addition..t.o';',.: Springfield Memorial Cem.tory .. recorded in Book '46ofPl.toi'Pagel;:Records':of", Lane County, Oregon; thence, North"O'09'2fi"Wsst S2~L!il f~!3talODg the~east line,'of: First AddJtion to a point marked by an iron pinj the~ce, Nqrth 89:QQ'S..fj'~ Ep,sUI49:44"': feet ro a point marked by an iron pin;,th.ence, Sojlth O'09'2f'i" East ~2::t51 f~-At~ "th~"nc~,' . grmth f!g'fiO',%" WARt :149.44 feet: to the point of beginning in Lane,County,.Oregon; . . ~QWEC,08'93~OlREC 5,00 . ~2:IDEC,08'93li01PFUM) 10.00 . !Q>!DEC.OB'93H01MT.FIIN0 20.00 D~lc\J,Lhjs ~uay or tV 0 y ,19~, Done by order or tho Boord or Din'clon with thl;! ao~1 of suld corpor~don. The (ruo eon!llIcrullon lor tl1is conyoyance /! $ .t"'i"Ir /,'",f> (];"d o,fF(N-itYl ' " :Ch'.(.j}-j4/.1 ~. I'/d~;,pvif By Vlee Prc!ldon~ ,,/~-=<, LI ~ ~ By Ass'(, SllcrcUlry " .;,I STAT!:: or onECON J ... COUNTY Or LAN!:: ) Onthll aatA lInyofJl)fH)l"'IU"';I'''',19[.j,lxrforameappeued Aflle /)'),AC~.1Jt116Clj4e.;"~1)t? IInd c::; HltIlD/II r::... /)")/ o~ who b~lng sworn that'thoy are the YJcll P"mldll'nt und A~'s'~'So~rQtllry, re!pe('llv~ly, of the coqJorctlon,.and ~hiL tho le~1 afllxed hereto l.l J~ 1001, and that thiJ dued WIlJ YOlun-U1rJly,ilgnou a"nlutlhid In b'h~'"'flh""~:";:::,:::~:"'Y"'''~D"",dOfD''''Io~'''B'f'''m'' @/f/iJ{( j~' . ",' '." I,~,~:~. Tf1!:,n', ".. r;.:!JI:~~~!:y . - \\,~~_, NOli,lr:I"J;"'JG.C:"~110N ol4rY Publk [or O~ogon C"\ .t':l.l) .- ,,'.; / CCi:.:!,:I:j/.r:,.;:U!,i';i,a My CommluJonExplroa ><:-1,\ 7/. . IAYCOW.'.i5~:O,\l~;:"::J~JAlI:l\J,m1 - - . .:.,-,..,....,-......; TITLE COMPANY l075'Oak Street, Eugene ............1.. .... " ".'il"'.'.' .;::~~ ,~ ' :::: ' . ~.:; . ,', ' -.;:V {'.., ~~ ~ E 0' ,~ ~o r~ ~ ~g , FOlmNo,111 .'l. .{I) " '" Date Received: FEB I 22010 Original Submittal r .\ ~ 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 REVISION #2 PUBLIC RECORDS REPORT FOR SUBDIVISION OR PARTITION PRIOR REPORT IS REVISED FOR THE FOLLOWING: To update the file. THIS REPORT IS FOR THE EXCLUSIVE USE OF: D. Wellman Surveying Attention: Dave Wellman 90686 Northrop Drive Eugene, OR 97402 1)~L~~ --(1/ Date Prepared: February 09, 2010 Report Number: 15541 Fee: $200.00 Local Government Lien Search: $15.00 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 February 04,2010. (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": 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 POLICY 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 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 & Escrow Company of Lane County assumes no liability for loss or damage by reason of the following: Date Received: Public Records Report Page 10f 7 We s t ern FEB 1 2 2010 Original Submittal Report No. 15541 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; (i1i) 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) environmentai 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, iiens, 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 8t 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 8t 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 eiected to utilize this form of public record report and accepts the limitation of liability of Western Title 8t Escrow Company of Lane County as set forth herein. (IV) Fee: The fee charged for this Report does not include supplementai reports, updates or other additional services of Western Title 8t Escrow Company of Lane County. Public Records Report Page20f 7 Date 'Received: . "",/"'--- FEB 1 2 2010 Western'it,e&'2",,"W Original Submittal Report No. 15541 REPORT Report Number: 15541 Effective Date: February 04,2010 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: Springfield Cemetery Acquisition, LLC, an Oregon limited liability company 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: 1. Taxes, including current year, not assessed because of an exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which said taxes were assessed, an additional tax may be levied. Exemption: Cemetery Levy Code: 01900 Account No.: 0142834 Tax Lot No.: 17 02 35 00 03702-801 2. The Lane County Tax Records disclose a potential additional tax on this account. No liability is assumed for later additions to the tax roll. Account No.: 0142834 3. The rights of the public in and to that portion of the herein described property lying within the limits of roads and highways. 4. Drainage Agreement and Roadway Dedication as delineated on the recorded plat. 5. Building encroachments, as shown on County Survey No. 26768, filed August 10, 1984. 6. Improvement Agreement and Application for Sewer Hookup, including the terms and provisions thereof, Dated: October 10, 1984 Recorded: October 12,1984 Document No.: 84-040135, Lane County Records 7. Terms, provisions and conditions, including but not limited to maintenance provisions contained in Easement Agreement, Dated: May 29,1987 Recorded: June 5, 1987 Document No.: 87-023926, Lane County Records Date Received: FEB 1 2 2010 Public Records Report Page 3 of 7 /Qriginal Submittal ... ,>....;;,--..,.. Western Tit'e&Escrow Report No. 15541 8. . Terms, provisions and conditions, including but not limited to maintenance provisions contained in Declaration of Easement, Recorded: August 12, 1992 . Document No.: 92-045207, Lane County Records 9.. Unrecorded lease, including the terms and provisions thereof, Dated: June 3,1997 Lessor: ECI Cemetery Services Oregon Lessee: Sprint Spectrum L.P., a Delaware limited partnership Disclosed by Memorandum of PCS Site Agreement Recorded: January 22, 1998 Document No.: 98-04070, Lane County Records The above Lease was modified by instrument, Entitled: Memorandum of Amendment to Lease,Agreement Dated: July 23, 2001 Recorded: November 2, 2001 Document No.: 2001-073452, Lane County Records Site Designation Supplement to Master Lease and Sublease Agreement, including the terms and provisions thereof, Dated: May 26, 2005 Recorded: August 5, 2005 Document No.:' 2005-060493, Lane County Records Between: STC Five, LLC, a Delaware limited liability company And: Global Signal Acquisitions II LLC, a Delaware limited liability company And: Sprint Spectrum L.P., a Delaware limited partnership Affidavit of Facts Relating to Title, including the terms and provisions thereof, Recorded: October 19, 2005 Document No.: 2005-083332, Lane County Records 10. An easement created' by instrument, including the terms and provisions thereof, . Dated: . . September 16,1997 Recorded: January 22, 1998 Document No.: 98-04071, Lane County Records In favor of: City of Springfield, a municipal corporation, acting by and through Its Springfield Utility Board, and unto its successors and assigns Date Received: FEB 1 2 2010 Public Records Report Page 40f 7 /Ofiginal Submittal .- ""'---- Western Tt '&[S,~"OVI Report. No. 15541 11. Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement, to secure an indebtedness in the amount shown be'low, and any other obligations secured thereby: Amount: $850,000,000.00 Dated: July19,2005 Recorded: August 5, 2005 Document No.: 2005-060486,' Lane County Records Grantor: ' Global Signal Acquisitions II LLC, a Delaware limited liability company Trustee: Lawyers Title Insurance Corporation, a Virginia corporation Beneficiary: Morgan Stanley Asset Funding Inc., a Delaware corporation, as Collateral Agent (covers 'additional property) The beneficial interest was assigned by instrument, Recorded: May 15, 2006 Document No.: 2006-033502, La"ne County Records To: LaSalie Bank National Association, a n'ational banking association 12. Unrecorded sublease, including the terms and provisions thereof, Dated: May 26, 2005 'Lessor: STC Five, LLC, a Delaware limited liability company Lessee: Global Signal Acquisitions II LLC, a Delaware limited liability company Disclosed by Site Designation Supplement to Master Lease and Sublease Agreement Recorded: August 5, 2005 Document No.: 2005-060493, Lane County Records Affidavit of Facts Relating to Title, including the terms and provisions thereof, Recorded: October 19,2005 Document No.: 2005-083332, Lane County Records 13. Lien, Recorded: Docu ment No: Against: November 5, 2008 2008-060494, Lane County Records Kent J. Franklin and Carolyn Hardman Franklin, Corporate principals of Andreason's Crem,ation & " Burial Service, Ine., dba'Springfield Cremation Center, a crematory, .OMCB license No. CR-0664 Oregon Mortuary and Cemetery Board $3,000.00, plus interest, penalties and costs In Favor Of: .Amount: 1'4. No examination has been made as to matters affecting lessees and tenants. Date Received: FEB I 2 2010 Public Records Report Page Sof 7 jOfigi~ubmitti'1 We s t ern n e,~ """0'" Report No. 15541 15. Limitati.ons and restricti.ons.on sale and use ,.of cemetery lands under Chapter 97 .of Oreg.on Revised Statutes. Any dedicati.on .of the land, .or part there.of, f.or cemetery .or burial purp.oses, and public or private rights created thereby. All c.onveyances; whether rec.orded .or unrecorded, .of grave l.ots, tracts .or spaces, .or easements therein, and all terms and provisi.ons, including but not limited't.o th.ose pertaining t.o maintenance, perpetual care .or .other trust .obligati.ons, contained in such c.onveyances, .or .other cemetery related instruments. All .outstanding burial rights, whether evidenced .of rec.ord .or n.ot. All dedicati.ons.of streets" roads and right.of ways within said land. Rights.of ingress and egress t.o and fr.om grave l.ots, tracts .or spaces within said land, h.owever created. N.ote: Taxes paid in full f.or the year 2009-2010 Original Am.ount: $2,196.15 Tax L.ot N.o.: 17 02 35 00 03702-802 Acc.ount N.o.: 1476835, C.ode 01900 END OF REPORT Any questi.ons c.oncerning the Public Rec.ords Report sh.ould be directed t.o Jerrilyn Eggerat 541- 431-3710, .or email atJevver(a)weslernlitle.com. Date Received: FEB 1 2 2010 Public Records Report Page 60f 7 Original Submittal --~"----, We 5 t ern rit e &'E..,(rQ" Report No. 15541 Order No. 15541 Exhibit "A" FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records, in Lane.County, Oregon, more particularly described as follows: . . Beginning at a point that bears North 89027'47" East 862.62 feet and North 00009'25" West 1727.29 feet from the con'crete monument marking the Southwest corner of the James G. Looney Donation Land Ciaim No'. 85, Township 18 South, Range 2 West of the Willamette. Meridian and also marking the initial point of SPRINGFIELD MEMORIAL CEMETERY, according to the plat thereof recorded in Volume 40, Page 26, Records of Lane County, Oregon; thence North 00009'23" West 199.97 feet to a point; thence South 89050'35" West 5.86 feet to a point; thence North 00009'25" West 1000.00 feet to a point on the Southerly right of way line of the McKenzie Highway (being 80 feet in width); thence North 78022' East 218.37 feet along said right of way line to a point; thence South 00009'25" East i243.41 feet to a point; thence South 89050'35" West 208.14 feet to the Point of'B.eginning. . . Date Received: FEB 1 2 2010 Originsl Submittal Public Records Report Page70f 7 .~~ We 5 t er n T,t e & E"cco, . ~ We s t ern 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 SUBDIVISION THIS REPORT IS FOR THE EXCLUSIVE USE OF: D. Wellman Surveying Attention: Dave Wellman 90686 Northrop Drive Eugene, OR 97402 1V~ ~.n, /...,v Date Prepared: February 10, 2010 Report Number: 32830 Fee: $200.00 Local Government Lien Search: $15.00 CONDITIONS, STIPULATIONS AND DEFINITIONS (1) Definitions: (a) "Customer": The person or persons named or shown on this cover sheet. (b) "Effective date": The title plant date of February 05,2010. (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": 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. Date Received: FEB 1 2 2010 Original Submittal Public Records Report Page 10' 8 Western Report No. 32830 (II) Liability of Western Title 8r. 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 8r.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 8r. 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 8r. 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 iand 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 (lI)(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. Date Received: FEB 1 2 2010 Original Submittal Public Records Report Page 20f 8 Western, ReportNo. 32830 (III) Report Entire Contract: Any rights or actions or rights of action that the customer may have or may br'lng 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 accepting this form repor,t, 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 reportand 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 additionai services of Western Title &. Escrow Company of Lane County. Date Received: FEB 1 2 2010 Original Submittal ..,f Public Records Report Page 3 of 8 Western ] ~ ,'. , Report No. 32830 REPORT Report Number: 32830 Effective Date: February 05, 2010 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: Springfield Cemetery Acquisition, LLC, an Oregon limited liability company 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: 1. Taxes, including current year, not assessed because of an .exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which said taxes were assessed, an additional tax may be levied. Exemption: Cemetery Levy Code: 01900 Account No.: 1422391 Tax Lot No.: 17 02 35 00 03704 2. The Lane County Tax Records disclose a potential additional tax on this account. No liability is assumed for later additions to the tax roll. Account No.: 1422391 3. The rights of the public in and to that portion of the herein described property lying within the limits of roads and highways. 4. Limited access contained in deed to the State of Oregon, by and through its Department of Transportation, Highway Department, which limited access provides. that no right or easement of right of access to, from or across the State Highway other than expressly provided therein shall attach to the abutting property. Dated: March 4,1968 Recorded: March 20, 1968 Document No.: 17991, Lane County Records Date Received: FEB 1 2 2010 Original Submittal ~......,/ '..,..-.- Public Records Report Page 40f 8 WesteYll'ilc u, Report No. 32830 5. Unrecorded lease, .including the terms and provisions thereof, Dated: June 3, 1997 Lessor: ECI Cemetery Services Oregon Lessee: S pri nt S pectru m L. P., a Delaware limited partnership Disclosed by Memorandum of PCS Site Agreement Recorded, January 22, 1998 Document No.: 98-04070, Lane County Records The above Lease was modified by instrument, Entitled: Memorandum of Amendment to Lease Agreement Dated: July 23, 2001 Recorded: November 2, 2001 Document No.: 2001-073452, Lane County Records Site Designation Supplement to Master Lease and Sublease Agreement, including the terms and provisions thereof, Dated: May 26, 2005 Recorded: August 5, 2005 Document No.: 2005-060493, Lane County Records Between: STC Five, LLC, a Delaware limited liability company And: Global Signal Acquisitions II LLC, a Delaware limited liability company And: Sprint Spectrum L.P., a Delaware limited partnership Affidavit of Facts Relating to Title, including the terms and provisions thereof, Recorded: October 19, 2005 Document No.: 2005-083332, Lane County Records 6. An easement created by instrument, including the terms and provisions thereof, Dated: September 16,1997 Recorded: January 22,1998 Document No.: 98-04071, Lane County Records In favor of: City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, and unto its successors and assigns Date Received: FEB 1 2 2010 Original Submittal ,~"" -~- .......... Public Records Report Page Sof 8 Western -, ;., Report No. 32830 7. Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement, to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $850,000,000.00 Dated: July 19, 2005 Recorded: August 5, 2005 Document No.: 2005-060486, Lane County Records Grantor: Global Signal Acquisitions II LLC, a Delaware limited liability company Trustee: Lawyers Title Insurance Corporation, a Virginia corporation Beneficiary: Morgan Stanley Asset Funding Inc., a Delaware corporation, as Collateral Agent (covers additional property) The beneficial interest was assigned by instrument, Recorded: May 15, 2006 Document No.: 2006-033502, Lane County Records To: LaSalle Bank National Association, a national banking association 8. Unrecorded sublease, including the terms and provisions thereof, Dated: May 26, 2005 Lessor: STC Five, LLC, a Delaware limited liability company Lessee: Global Signal Acquisitions II LLC, a Delaware limited liability company Disclosed by Site Designation Supplement to Master Lease and Sublease Agreement Recorded: August 5, 2005 Document No.: 2005-060493, Lane County Records Affidavit of Facts Relating to Title, including the terms and provisions thereof, Recorded: October 19, 2005 Document No.: 2005-083332, Lane County Records 9. Lien, Recorded: Document No: Against: November 5, 2008 2008-060494, Lane County Records Kent J. Franklin and Caroiyn Hardman Franklin, Corporate principals of Andreason's Cremation & Burial Service, Inc., dba Springfield Cremation Center, a crematory, OMCB License No. CR-0664 Oregon Mortuary and Cemetery Board $3,000.00, plus interest, penalties and costs In Favor Of: Amount: 10. No examination has been made as to matters affecting lessees and tenants. Date Received: FEB 1 2 2010 Public Records Report Page Gof 8 griginal,!,ubmittal Western., .,' , "'. Report No. 32830 11. Limitations 'and restrictions on sale and use of cemetery lands under Chapter 97 of Oregon Revised Statutes. Any dedication of the land, or part thereof, for cemetery or burial purposes, and public or private rights created thereby. All conveyances, whether recorded or unrecorded, of grave lots, tracts or spaces, or easements therein, and all terms and provisions, including but not limited to those pertaining to maintenance, perpetual care or other trust obligations, contained in such conveyances, or other cemetery related instruments. All outstanding burial rights, whether evidenced of record 'or not. Ail dedications of streets, roads and right of ways within said land. Rights of ingress and egress to and from grave lots, tracts or spaces within said land, however created. END OF REPORT Any questions concerning the Public Records Report should be directed to Jerrilyn Eggerat 541..431,,3710, or email atiePi!erIWwesterntitle.com. Date Received: FEB 1 2 2010 Original Submittal '-", ","",,,../ ">'-''''~~-'.- Pub\'IC Records Report Page lof 8 Western Report No. 32830 Order No. 32830 Exhibit "A" The Northerly 192.04 feet of the following described property: Beginning at the 5/8 inch rebar marking the Southeast corner of the FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records, in Lane County, Oregon; thence North 00009'25" West 123.51 feet along the East line of said plat to a 5/8 inch rebar marking the True Point of Beginning; thence North 89050'35" East 100.00 feet to a 5/8 inch rebar; thence North 00009'25" West 392.04 feet to a 5/8 inch rebar; thence South 89050'35" West 100.00 to a 5/8 inch rebar set on said East line; thence South 00009'25" East 392.04 feet to the True Point of Beginning, in Lane County, Oregon. Date Received: FEB 1 2 2010 Original Submittal ",/.^'''.~. Public Records Report Page Bof B Western ": i ~. .~. . . ---'-~ ~. ,,/.___.:; Gtc:~~~'" ;~:r- w' ..-- ---ll."'~" 3602 ~ ;;1 _~. ~ t ",:",,~:;:,~~:. 3605 3.06 AC ,~ I_~.,,-l.'" ;1 !I /--,j li e:-~ l u ~_,-, ~ ./ I " \ ..-,,- 'S.E. COR "I' ~.~;\\ ..--l - '.", - . ~ ".:!:~- ___ D.L.C. 48::1 -c',,,l~(>~v:'\ ~~l.' I -- - ' ---- I ~ ~~p~' ~-- ~'- ~4 -.-, ','-j,' rVrC'KE~ fZE ' ..,..----,,,.,,. 3702',3705 _ 4 ',.l _ / ~1'1~1'~ 60' ~ I - / I \,., ~. I. OAc'l" 7' '; -, .E, COR/ 4100 :i ,19AC. ~, I I IT. MAYNARD 13 86 AC II;" I' ~ I I Ib.Le. 44 '~':.:;f- ..)0 ,,:" ~ .' e\ ~ ~ ~ ... '?: I l.J I ".1 ~ '! '.....1. ,~I ~ "~I~ ~ ;J,~', "-l,' I" I ~ H") :? .. II$' ~ ~ ". .', 11~,t..: '--: :~ i i~ S.30659 i .t t11_ <I ~ .;r:'<i"?<)y,.... ~: ~ .~ ;.: I: 'c:; -:;'"";,1 e iO;;]~ ~~I VI .. .. ) " -:1; '~I .' " .' 1"- , 1i!.,QA4AO ~ f',; ~~8:f~~!-.- t., , L~~ ,,1 ~~'.'),,-,..... ~ ~~ ".......\ _ J.13706 ! j' q---~_./ . 2.60AC,' ~' 1'1 SEE MAP t.",.;::".;~~ ~;a:",! ' III -[)AISY-:,~'" .\~, ~.~~1c. -':.~~~:~;~:~~~:~;~,':\'~::I;J.j:J'! -,.! __" ~ ,.~. ';1... -SB.~~' -+m... 10'3-:'.."- ~ ~I"~_--. I. i 17 02, \~ 3 4"'-;;;;"';io3 i I, y" STREET ~ 3701 0.941'1:;. r r;..... -... 12.8€ AC, ~. \... I; 11.05~C. '''''---:jj'~f-''' " - (J ) t.: ~! ;~ 3604 ~:~'r,;i ~, I ~r I I (~'-S(J(JTH A r~j 0'1 I.... !'/ 'I' : I I, II I 81.UEBELl~ WAY Lei 1-' ~z; II! , I "Ai-i.EIi:jA~)~i "01 I~I :11 ~ i ~~ }O~.:>,. !: r I i II 'I S.E. COR. n I r ~.d. Date Received: FEB 1 2 2010 Original Submittal . ~ ~ Western Title&Escrow Western Title III Escrow Company of Lane County 497 Oakway Road, Suite 340 EUgene, OR 97401 Office Phone: (541) 485-3588 Office Fax: (541) 485-3597 REVISION #2 PUBLIC RECORDS REPORT FOR SUBDIVISION OR PARTITION PRIOR REPORT IS REVISED FOR THE FOLLOWING: To update the file. THIS REPORT IS FOR THE EXCLUSIVE USE OF: D. Wellman Surveyln9 Attention: Dave Wellman 90686 Northrop Drive EUgene, OR 97402 ~~1'i)~ ~\..- ~ :1'''' ~ "J '" Date Prepared: February 09, 2010 Report Number: 15542 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 February 04,2010. (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": 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) Liabiiity of Western Title III 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 III Escrow Company of Lane County for errors or omissions in this pubiic record report is limited to the amount of the fee paid by the customer, provided, however, that Western Title III 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 III Escrow Company of Lane County assumes no liability for loss or damage by reason of the following: Public Records Report Page 10f 8 Date Received: We s t ern FEB 1 2 2010 Original Submittal Report No. 15542 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 iines 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 iocation 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, 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 lit 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 lit 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 lit 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 lit Escrow Company of Lane County. Public Records Report Page 20f 8 Date Received: /"'--- We s t ern T>1~~~J,l. 2010 Original Submittal Report No. 15542 REPORT ReportNumber: 15542 Effective Date: February 04,2010 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, ~nd 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: Springfield Cemetery Acquisition, LLC, an Oregon limited liability company, as to Parcell and Springfield Cemetery Acquisition, LLC, as to Parcel II 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: 1. Taxes, including current year,not assessed because of an exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which said taxes were assessed, an additional tax may be levied. Exemption: Cemetery Levy Code: 01900 Account No.: 1478385 Tax Lot No.: 17 02 35 00 03705 (Parcel I) 2. The Lane County Tax Records disclose a potential additional tax on this account. No liability is assumed for later additions to the tax roll. Account No.: 1478385 (Parcel I) 3. The rights of the public in and to that portion of the herein described property lying within the limits of roads and highways. 4. Limited access contained in deed to the State of Oregon, by and through its Department of Transportation, Highway Department, which limited "access provides that no right or easement of right of access to, from or across the State Highway other than expressiy provided therein shall attach to the abutting p~operty. Dated: March 4, 1968 Recorded: March 20,1968 Document No.: 17991, Lane County Records (Parcel I) Date Received: FEB I 2 2010 Original Submitta' Public Records Report Page 3 of 8 ~ We stern r' . ~ c,_",.. Report No. 15542 5. Terms, provisions and conditions, including but not limited to maintenance provisions contained in Easement Agreement, Dated: May 29, 1987 Recorded: June 5, 1987 Document No.: 87-023926, Lane County Records (Parcel II) 6. Terms, provisions and conditions, including but not limited to maintenance provisions contained in Declaration of Easement, Recorded: August 12, 1992 Document No.: 92-045207, Lane County Records (Parcel II) 7. Unrecorded lease, including the terms and provisions thereof, Dated: June 3, 1997 Lessor: ECI Cemetery Services Oregon Lessee: Sprint Spectrum L.P., a Delaware limited partnership (Parcel I) Disclosed by Memorandum of PCS Site Agreement Recorded: January 22, 1998 Document No.: 98-04070, Lane County Records The above Lease was modified by instrument, Entitled: Memorandum of Amendment to Lease Agreement Dated: July 23, 2001 Recorded: November 2, 2001 Document No.: 2001-073452, Lane County Records Site Designation Supplement to Master Lease and Subiease Agreement, including the terms and provisions thereof, . Dated; May 26, 2005 Recorded: August 5, 2005 Document No.: 2005-060493, Lane County Records Between: STC Five, LLC, a Delaware limited liability company And: Giobal Signal Acquisitions II LLC, a Delaware limited liability company And: Sprint Spectrum L.P., a Delaware iimited partnership Affidavit of Facts Relating to Title, including the terms and provisions thereof, Recorded: October 19, 2005 Document No.: 2005-083332, Lane County Records Date Received: FEB 1 2 2010 Original Submittal Public Records Report Page 4 of 8 .~ We s te r n r.\ ,SEse,ow Report No. 15542 8. An easement created by instrument, including the terms and provisions thereof, . Dated: September 16,1997 Recorded: January 22, 1998 Document No.: 98-04071, Lane County Records In favor of: City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, and unto its successors and assigns 9. 'Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement, to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $850,000,000.00 Dated: July 19, 2005 Recorded: . August 5, 2005 Document No.: 2005-060486, Lane County Records Grantor: Global Signal Acquisitions II LLC, a Delaware limited liability company Trustee: Lawyers Title Insurance Corporation, a Virginia corporation Beneficiary: Morgan Stanley Asset Funding Inc., a Delaware corporation, as Collateral Agent (Parcel I and other property) The beneficial interest was assigned by instrument, Recorded: May 15, 2006 Document No.: 2006-033502, Lane County Records To: LaSalle Bank'National Association, a national banking association 10. Unrecorded sublease, including the terms and provisions thereof, Dated: May 26, 2005 Lessor: STC Five, LLC, a Delaware limited liability company Lessee: Global Signal Acquisitions II LLC, a Delaware limited liability company " (Parcel I) Disclosed by Site Designation Supplement to Master Lease and Sublease Agreement Recorded: August 5, 2005 Document No.: 2005-060493, Lane County Records Affidavit of Facts Relating to Title, including the terms and provisions thereof, Recorded: October 19, 2005 Document No.: 2005-083332, Lane County Records Date Received: FEB I 2 2010 Public Records Report Page 5 of 8 Original Submittal /',,-- We s t ern Tit:e& Escrow Report No. 15542 11. Lien, Recorded: Document No: Against: November 5, 2008 2008-060494, Lane County Records Kent J. Franklin and Carolyn Hardman Franklin, Corporate principals of Andreason's Cremation & Burial Service, Inc., dba Springfield Cremation Center, a crematory, OMCB License No. CR-0664 Oregon Mortuary and Cemetery Board $3,000.00, plus interest, penalties and costs In Favor Of: Amount: 12. No examination has been made as' to matters affecting lessees and tenants. 13. Limitations and restrictions on sale and use of cemetery lands under Chapter 97 of Oregon . Revised Statutes. Any dedication of the land, or part thereof, for cemetery or burial purposes, and public or private rights created thereby. All conveyances, whether recorded or unrecorded, of grave lots, tracts or spaces, or easements therein, and all terms and provisions, including but not limited to those pertaining to maintenance, perpetual care or other trust obligations, contained in such conveyances, or other cemetery related instruments. All outstanding burial rights, whether evidenced of record or not. All dedications of streets, roads and right of ways within said land. Rights of ingress and egress to and from grave lots, tracts or spaces within said land, however created. Note: Taxes paid in full for the year 2009-2010 Original Amount: $340.84 Tax Lot No.; 17 02 35 00 03706 Account No.; 1528288, Code 01900 END OF REPORT Any questions concerning the Public Records Report should be directed to Jerrilyn Eggerat 541- 431-3710, or email atieVlJert@westerntitle.C.om. Date Received: FEB 1 2 2010 Original Submittal PubliC Records Report Page 60f 8 .~ Weste'rn T't ,~E,c'ow Report No. 15542 Order No. 15542 Exhibit "A" PARCEL I: That portion of the following described property lying East of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records, in Lane County, Oregon, said Subdivision is described as follows: Beginning at a point that bears North 89027'47" East 862.62 feet and North 00009'25" West 1727.29 feet from the concrete monument marking the Southwest corner of the James G. Looney Donation Land Claim No. 85, Township 18 South, Range 2 West of the Willamette Meridian and also marking the initial point of SPRINGFIELD MEMORIAL CEMETERY, according to the plat thereof recorded in Volume 40, Page 26, Records of Lane County, Oregon; thence North 00009'23" West 199.97 feet to a point; thence South 89050'35" West 5.86 feet to a point; thence North 00009'25" West 1000.00 feet to a point on the Southerly right of way line of the McKenzie Highway (being 80 feet in width); thence North 78022' East 218.37 feet along said right of way line to a point; thence South 00009'25" East 1243.41 feet to a point; thence South 89050'35" West 208.14 feet to the Point of Beginning. Beginning at the Southeast corner of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records, in Lane County, . Oregon; thence North 00009'25" West 323.51 feet along the East line of said plat to a point; . thence North 8.9059'35" East 349.44 feet to a point on the East line of that survey filed at the office of the Lane County Surveyor under No. 30659; thence North 00009'25" West 987.72 feet along the East line of said Survey No. 30659 to an iron pin set on the Southerly right'of-way line of the McKenzie Highway; thence South 78019'44" West 356.62 feet along said right-of-way line to a point on the Northerly extension of the Easterly line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY; thence South 00009'25" East 10.20 feet continuing along said right-of-way line to an angle point therein; thence South 78019'44" West 730.21 feet continuing along said right-of-way line as established in that survey filed at the office of the Lane County Surveyor under No. 27178 to a point opposite 'Engineer's centerline station 358+92.8 B.C.; thence along said right-of-way line and the arc of a curve to the right having a radius of 5780.00 feet to a point on the East line of MCKENZIE HILLS, as platted and recorded in File 72, Slides 19, 20 and 21, Lane County Oregon Plat Records, bearing South 78036'10" 51.92 feet from the last described point; thence South 00018'30" West 987.28 feet along the East line of MCKENZIE HILLS to an iron pin marking an angle point therein; thence North 89041'05" East 120.09 feet continuing along said East line to an iron pin marking an angle point therein; thence South 28046'40" East 222.49 feet continuing along said East line to an iron pin marking angle point therein; thence North 89050'35" East 333.81 feet continuing along said line to a point on the West line of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records; thence North 00009'25" West 108.26 along the West iine of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY to an iron pin set on the Westerly projection of the South line of said FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY; thence North 89050'35" East 214.00 feet to the Point of Beginning, in Springfield, Lane County, Oregon. Date Received: Public Records Report Page 7 of 8 FEB 1 2 2010 ~lll'SUbmittal We s t ern f.l e& Escrow Report No. 15542 (Legal Description continued) EXCEPTING THEREFROM the Northerly 192.04 feet of the following described property: Beginning at the 5/8 inch rebar marking the Southeast corner of the FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records, in Lane County, Oregon; thence North 00009'25" West 123.51 feet along the East line of said plat to a 5/8 inch rebar marking the True Point of Beginning; thence North 89050'35" East 100,00 feet to a 5/8 inch rebar; thence North 00009'25" West 392.04 feet to a 5/8 inch rebar; thence South 89050'35" West 100,00 to a 5/8 inch rebar set on said East line; thence South 00009'25" East 392.04 feet to the True Point of Beginning, in Lane County, Oregon. PARCEL II: Beginning at the iron pin marking the Southeast corner of the FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as platted and recorded in Book 45, Page 1, Lane County Oregon Plat Records, in Lane County, Oregon; thence North 00009'25" West 323.51 feet along the East line of FIRST ADDITION to a point marked by an iron pin; thence North 89050'35" East 349.44 feet to a point marked by an iron pin; thence South 00009'25" East 323.51 feet; thence South 89050'35" West 349.44 feet to the Point of Beginning, in Lane County, Oregon. Date Received: FEB 1 2 2010 Original Submittal Public Records Report Page Bof B j..-/"--- We s t ern m e & Escrow --I Date ReceIved: --i -fEB-t 2 -2010 Return to and Send Tax Statements To: ~rl\\~.~ ,Id Cemetery Acquisition, LLC P.O. Box 22210 Eugene, Or 97402 OrIginal Suomjffcjl- -- DECLARA nON OF PRVr....lu 1 LINE AD.ruSTMENT Springfield Cemetery Acquisition, LLC is the owner of three adjoining parcels of Y'''Y~''J referred to herein as Parcel I, Parcel 2 and Parcel 3. They are selling forth this declaration to set "c:;,,"l~d boundary lines between these identified parcels to comply with Lane C"""'J Land Use Regulations and the provisions of ORS 92,] 90(4). WHEREAS; The declarant wishes to perform a property line adj,,'uu~.h between the subject parcels as approved by the City of Springfield Planning Decision SUB 20 10- OOOxx. WHEREAS; The reference to the legal c.o..:y.::>n of Parcel I prior to this adjustment is a portion of Section 35, To....,:.." 17 South, Range 2 West, W.M., recorded on Reel 1121, Instrument No. 8107975, Lane County, Oregon Deed Records. RcL~..ce Exhibit A. WHEREAS: The reference to the legal de...ly.:on of Parcel 2 prior to this adjustment is a portion of Section 35, L ..;..l.ip 17 South, Range 2 West, W.M., recorded on Reel 1782, Instrument No. 9245107, Lane County, Oregon Deed Records. Reference Exhibit C. 'W Ht.Kt.AS: The reference to the legal description of Parcel 3 prior to this adjustment is a portion of Section 35, Township 17 South, Range 2 West, W.M., recorded as Document No. 2005-092760, Lane County Oregon Official Records. Reference Exhibit E. WHEREAS: The following 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 Y' Jy."J line between parcels. The new parcel descriptions are included as Exhibit B (Parcell), Exhibit D (Parcel 2) and Exhibit F (Parcel 3). WHEREAS: Reference is made to Lane County Survey File No. .2010. dated THEREFORE: Springfield Cemetery Acquisition, LLC, the owner of Parcels I, 2 and 3 declares, conveys, and executes the following Y' Jy~..i line declaration. The True Consideration for this conveyance is $ NONE , and other con,lG~.",;;lns. - - This Declu.",;v.. of Property Line Adjustment is dated: , 2010. EXHIBIT A Description of Parcel 1 (before adjustment - identified as Map No. 17-02-35 Tax Lot No. 3702) Original Description of Tax Lot 3702 Based on a deed recorded on Reel 1121, Instrument No. 8107975, Lane County Oregon Official Records. Beginning at the point of intersection of the southerly right of way line of Highway 126 with the west line of the Lloyd Gray and Julia Gray property, the said point of intersection being 862.62 feet East and 1929.22 feet North of the Southwest comer of the James C. Looney Donation Land Claim No. 54, in Township 17 South, Range 2 West of the Willamette Meridian and running thence South 1200 feet along the westerly line of the said Lloyd Gray and Julia Gray property to a certain point, thence East 214 feet to a certain point, thence North 1243 feet to the Southerly right of way line of said Highway 126, thence South 78022' West along said right of way of the McKenzie Highway, 218.27 feet to the place of beginning, in Lane CDunty, Oregon. EXIllBIT B Description of Parcell (after adjustment - identified as Map No. 17-02-35 Tax Lot No. 3702) BEGINNING at the SDutheast comer of the FIRST ADDITION TO SPRfNGFIELD MEMORIAL CEMETERY. as recDrded in Book 45. Page 1. Lane CDunty OregDn Plat Records and being referenced by an iron rod bearinl2 SDuth 00006'49 East 0.52 feet: Thence NDrth 89050'35" East 100.00 feet tD a 5/8" iron rod with yellDw plastic cap inscribed "D.H. Wellman PLS 2163" (Wellman Cap): Thence NDrth 00006'49" West 308.51 feet tD a 5/8" iron rod with "Wellman Cap": Thence North 89050'35" East 15.00 feet to a 5/8" iron rod with "Wellman Cap"; Thence North 00006'49" West 15.00 feet tD a 5/8" iron rod with "Wellman CalJ": Thence continuing North 00006'49" West 206.43 feet tD a 5/8" iron rod with "Wellman Cap'" Thence SDuth 89050'35" West 15.00 feet tD a 5/8" iron rod with "Wellman CalJ,,: Thence NDrth 00006'49" West 730.03 feet to the south manzin of the McKenzie HiQ'hwav 126. being marked bv a 5/8" irDn'rod with "Wellman Cap": Thence along said sDuth margin SDuth 78024'07" West 102.04 feet to a point beinl2 on the nDrtherly extension of the East line of the FIRST ADDITION TO SPRfNGFIELD MEMORIAL CEMETERY: Thence alDng the nDrtherly extension Dfsaid East line of said FIRST ADDITION TO SPRfNGFIELD MEMORIAL CEMETERY. South 00006'49" East 6.83 feet to a 5/8" iron rod as set in Lane CDunty Suryey No. 26768: Thence continuinl2 South 00006'49" East 3.37 feet to the Northeast comer of the FIRST ADDITION TO SPRINGFIELD MEMORlAL CEMETERY; Thence continuing along the northerly margin of the McKenzie Highway 126. South 78022' 19" West 218.72 feet to the Northwest comer of the FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY; Thence leaying the southerly margin of the McKenzie Highway 126, along the West line of the FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY and continui~eeeived: FEB 1 2 2010 Original Submittf'I southerly extension thereof, South 00006'49" East 1186.04 feet to a 5/8" iron rod as set in Lane County Survey No. 27848; Thence North 89050'35" East 214.31 feet to the POINT OF BEGINNING, all being in Lane County, Oregon. EXIllBIT C Description of Parcel 2 (before adjustment - identified as Map No. 17-02-35 Tax Lot No. 3705) Original Description of Tax Lot 3705 Based on a deed recorded on Reel 1782, Instrument No. 9245107, excepting that portion as described on Reel 1902, Instrument No. 9380061, all in Lane County Oregon Official Records. Beginning at the iron pin marking the southeast comer of First Addition to Springfield Memorial Cemetery as recorded in Book 45 of Plats, Page I, Records of Lane County, Oregon; Thence, North 0009'25" West 123.51 feet along the east line of First Addition to a point marked by an iron pin; thence, North 89050'35" East 100.00 feet to a point marked by an iron pin; thence, North 0009'25" West 392.04 feet to a point marked by an iron pin; thence, South 89050'35" West 100.00 feet to a point marked by an iron pin; thence, North 0009'25" West 724.49 feet to a point (being referenced on the ground by an iron pin bearing South 0009'25" East 6.83 feet) on the south right of way line of the McKenzie Highway; thence, North 78019'44" East 356.62 feet along said right of way line to a point on a line bearing North 0009'25" West from a point bearing North 89018 '23" East 563.46 feet (being one-third the distance from the southeast corner of McKenzie Hills First Addition as recorded in File 73 of Plats, Slide 90, Records of Lane County, Oregon to the southeast comer of the James Looney Donation Land Claim No. 85, Township 17 South, Range 2 West of the Willamette Meridian) from the southeast comer of said last mentioned plat; thence, South 0009'25" East 1311,23 feet to a point; thence, South 89050'35" West 349.43 feet to the point of beginning in Lane County, Oregon. EXCEPTING: A TRACT OF LAND located in the southeast quarter of Section 35, Township 17 South, Range 2 West, of the Willamette Meridian, Lane County, Oregon, being more particularly described as follows; Beginning at the iron pin marking the southeast comer of First Addition to Springfield Memorial Cemetery as recorded in Book 45 of Plats, Page I, Records of Lane County, Oregon; thence, North 0009'25" West 323.51 feet along the east line of First Addition to a point marked by an iron pin; thence, North 89050'35" East 349.44 feet to a point marked by an iron pin; thence, South 0009'25" East 323.51 feet; thence South 89050'35" West 349.44 feet to the point of beginning in Lane County, Oregon. Date Received: FES 1 2 2010 Original Submittal EXHIBIT D Description of Parcel 2 (after adjustment - identified as Map No~ 17-02-35 Tax Lot No. 3705) New Description of Tax Lot 3705 A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West, of the Willamette Meridian, Lane County, Oregon, being more particularly described as follows: COMMENCING at the Southeast comer of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as recorded in Book 45, Page 1, Lane County Oregon Plat Records and being referenced by an iron rod bearing South 00006'49 East 0.52 feet; Thence North 89050'35" East 100.00 feet to a 5/8" iron rod with yellow plastic cap inscribed "D.H. Wellman PLS 2163" (Wellman Cap): Thence North 00006'49" West 308,51 feet to a 5/8" iron rod with "Wellman Cap": Thence North 89050'35" East 15.00 feet to a 5/8" iron rod with "Wellman Cap":, ThenceNorth 00006'49" West 15.00 feet to a 5/8" iron rod with "Wellman Cap", said rod being the POINT OF BEGINNING: Thence continuing North 00006'49" West 206.43 feet to a 5/8" iron rod with "Wellman Cap": Thence South 89050'35" West 15.00 feet to a 5/8" iron rod with "Wellman Cap":, Thence North 00006'49" West 730.D3 feet to the south margin of the McKenzie Hi'!hway 126. being marked by a 5/8" iron rod with "Wellman Cap": Thence along said south marg-il} to a point on a line bearing North 0009'25" West from a point bearing North 89018'23" East 563.46 feet (being one-third the distance from the southeast comer of McKenzie Hills First Addition as recorded in File 73 of Plats, Slide 90, Records of Lane County, Oregon to the southeast comer of the James Looney Donation Land Claim No. 85, Township 17 South, Range 2 West of the Willamette Meridian) from the southeast comer of said last mentioned plat, North 78024'07" East 254.78 feet to a 5/8" iron rod markin'! said point as being set in Lane County Suryey No. 30659: Thence South 0001' 1 T' East 987.00 feet to an iron pin: Thence South 89050'35" West 234.81 feet to the POINT OF BEGINNING. all in Lane County. Oregon. Date Received: FEB 1 2 2010 Original Submittal \ EXHIBIT E Description of Parcel 3 (before adjustment - identified as Map No. 17-02-35 Tax Lot No. 3706) Original Description of Tax Lot 3706 Based on Deed recorded as Document No. 2005-092760, Lane County OregonOfficial Records. A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West, of the Willamette Meridian, Lane County, Oregon, being more particularly described as follows: Beginning at the iron pin marking the Southeast comer of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY, as recorded in Book 45, Page 1, Lane County Oregon Plat Records; thence North 0009'25" West 323.51 feet along the East line of FIRST ADDITION to a point marked by an iron pin; thence North 89050'35" East 349.44 feet to a point marked by an iron pin; thence South 0009'25" East 323.51 feet; thence South 89050'35" West 349.44 feet to the Point of Beginning, in Lane County, Oregon. EXHIBIT F Description of Parcel 3 (after adjustment - identified as Map No. 17-02-35 Tax Lot No. 3706) New Description of Tax Lot 3706 A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West, of the Willamette Meridian, Lane County, Oregon, being more particularly described as follows: COMMENCING at the Southeast comer of FIRST ADDITION TO SPRINGFIELD MEMORIAL CEMETERY. as recorded in Book 45. Pa'le 1. Lane County Oregon Plat Records and being referenced by an iron rod bearing South 00006'49 East 0.52 feet: Thence North 89050'35" East 100.00 feet to a 5/8" iron rod with yellow nlastic can inscribed. "D.H. Wellman PLS 2163" (Wellman Can). said rod being the POINT OF BEGINNING: Thence North 00006'49" West 308.51 feet to a 5/8" iron rod with "Wellman Can": Thence North 89050'35" East 15.00 feet to a 5/8" iron rod with "Wellman Can": Jhence North 00006'49" West 15.00 feet t() a 5/8" ir()n rod with "Welll11an Can": Thence North 89050'35" East 234.81 feet to a noint marked by an iron nin: Thence South 0007' 17" East 323.51 feet to an iron nin set in Lane County Suryey No. 30659: Thence South 89050'35" West 249.85 f~et to the Point ofBeeinninQ, in LaDe County. Ore!?:on. Date Received: FEB 1 Z 2010 Original submittal- THE PROPERTY DESLKltllOu IN THIS Il\j~ I KuMENT MA Y NOT BE WITHIN A FIRE t'KU I n.: IlvN DISTRICT PROTECTING STRUCTURES. THE PROnK I -{ IS SUBJECT TO LAND USE LA WS AND REGULATIONS, THAT, IN FARM OR FOREST ZONES, MA Y 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 ALLtor III,G THIS 11'.) I KuMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LA WS 2005 (BALLOT MEA::'UKb 37 (2004)). BEFORE SIGNING OR ALLlOt' liNG THIS INSTRUMENT, THE nK~UN ACQUIRING FEE TITLE TO THE PROPtX I Y SHOULD Lt1lOL.K. WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, THE lO^l~ J lOl>lCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING t'KUnK 1 Y 0 W NtKS, IF ANY, UNDER CHAPTER I, OREGON LA WS 2005 (BALLOT MEASURE 37 (2004)). Declarant Mark D. Musgrove, as managing member Springfield Cemetery Acquisition, LLC Declarant Jeffery L. Musgrove, as managing member Springfield Cemetery Acquisition, LLC STATE OF OREGON ) )ss. County of Lane ) On , 2010, y".o~Hally appeared the above named Mark D. Musgrove and Jeffery L. Musgrove, as managing members of Springfield Cemetery Acquisition, LLC, did dispose and say that they are the managing ..l'...[v~rs of the aforementioned LLC which executed the foregoing instrument, and are authorized as Jll""dging members to execute this agreement and upon oath O"v.... that the :,.",\'......"ts herein are true and correct. Notary Public for Oregon My Commission Expires: _ Date Received: FES t 2 2010 Original Submittal