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HomeMy WebLinkAboutDeed APPLICANT 7/31/2009 (3) c' RETUR. N TO CA5CADHI1LE Co.. 'I Cc _ -= CASCADE TITLE CD. . Divtalon 0' Chi.' Deputy Cl k ~ Lan8 County Deeds end Reeo,.:: 2~06-012130 ~1~11~1~111~WIWWNl~11111111I1 'I'-.__.~~DO-- RPR-DEED Cnl=1 Sln..-& cJ3t~~/~~6 03:05:04 P" 520.00 511.00 SlD.oo TITLE NO. 0246339 OfY\ ESCROW NO. EUOS-2148 TAX ACCT. NO. 0113603 TAX ACCT. NO. 0113595 TAX ACCT. NO. 0113629 MAPrrAX LOT NO. 170230 #800 MAPrrAX LOT NO. 170230 #700 MAPrrAX LOT NO. 170230 #900 WARRANTY DEED -- STATUTORY FORM r.i'/;:;FM MOE AND KAREN MOE, TRUSTEES OF THE MOE TRUST UNDER TRUST AGREEMENT DATED FEBRUARY 14,1974, Grantor, conveys and warrants to BREEDEN BROS., INC., Grantee. the following described real property free of encumbrances except as specifically set forth herein: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37(2004)). THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY UNDER CHAPTER " OREGON LA WS 2005 (BALLOT MEASURE 37 (2004)). Except the following encumbrances: Covenants, Conditions, Restrictions, Easements and Rights of Way of record, ifany. The true consideration for this conveyance is $1,200,000.00 . 2.. \ day of re.-io('~J' '2.c)<..:>\o. T US DATED FEH"UARY 14, 1974 f 11)J~ MOE, TRUSTEE BY, KAREN MOE, TRUSTEE State of Oregon County of LANE ~ - L ~f~n This instrument was acknowledged before me on t- e..--Y.J( ~ r....~ 2.( .2006 by MOE A-N&- r \RE1J rlOE-, TRUSTEE OF THE MOETRUST UNDER TRUST A REEMENT DATED FEBRUARY 14, ]974. (lfACIAL sEAL i) DEllA MULU](lN 1IlJlARV PUBUC.OP"',QN <../ COMMISSION NO. 376717 .' lllC01MS101l ",",,' _17. 2lIIl! ~ AJJJJ. (NotarYf'ublic for Oregon) My commission expires Y. .- \)- n ~ MOE TRUST DATED FEBRUARY 14, 1974 Until a change is requested all tax statements shall be sent to the following address: ...SAME AS GRANTEE". GRANTOR'S NAME ANO ADDRESS BREEDEN BROS., INC. 366 E. 40TH AVE EUGENE, OR 9740S GRANTEE'S NAME AND ADDRESS After recording retum to: I ;~S~~~L~~~~iO PRE.SUBMlll 'L REC'D EUGENE, OR 97401 2009 WRE JUL 3 ~ . . - .-. CASCAOE TITLE CD. TITLE NO. 0246339 ESCROW NO. EU05-2148 TAX ACCT. NO. 0113603 TAX ACCT. NO. 01 ]3595 TAX ACCT. NO. 0113629 MAPrrAX LOT NO. 170230#800 MAPrr AX LOT NO. 1702 30 #700 MAPffAX LOT NO. 170230 #900 WARRANTY DEED -- STATUTORY FORM STEVEN MOE AND KAREN MOE. TRUSTEES OF THE MOE TRUST UNDER THUsr AGREEMENT DATED FEBRUARY 14,1974,Grantor, conveys and warrants to BREEDEN BROS.. INC.. Granlee. the following described fall prop~rty free of encumbrances except as specifically set forth herein: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE DEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SIIOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER I, OREGON LAWS 2005 (BALWT MEASURE 37(2004)). THJS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRmED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULA nONs. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERlY 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 AND TO INQUIRE ABOUT THE RIGJITS OF NEIGHBORING PROPERTY OWNERS, IF ANY UNDER CHAYfER I, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). Except the following encumbrances: Covenants, Conditions, Restriclioo.s, Easements and Rights of Way of record, if any. The [rue consideration for this conveyance is $1.200,000.00 . Oat<d this I << d'yof K-Jo. , t.-oc::l,.. MOETRUST DATED FEBRUARY ]4; 1974 BY, STEVEN MOE. TRUSTEE BY~"')~ ~. ,NMOE,TRUSTEE ../ Sta~ofo...- ~,.5' County of~ bKl 'w "";>~:(!!14, - <0*""" ""0"' ,',",.' "" -. .- ~ * ~ , :.. ~ <. .. < : \~Z:~~',:~~~~/ JEA G~ Notary Pu~1c. State ol Texas My CommisSion ElIPires OCTOBER 16, 2006 remcon fl.-h. )~ .2006byS'fE"Erlt1Q[ tJ~~ E TRUST UNDER TRUST AGREElvIENTDATED FEBRUARY 14, This instrument w ac MOE lRUST DATED FEBRUARY 14 1974 ' Until a change is requested GRANTOR'S NAME AND ADDRESS all tax statements shall be sent to the following address' '''SAME ASGRANTEP" BREEDEN BROS., INC. 366 E. 40TH AVE EUGENE,OR 97405 GRANTEE'S NAME AND ADDRESS Aller recording return lO: CASCADE T]TLE CO. 811 W1LLAMETrE EUGENE, OR 97401 PRE.SUBMITTAl REC'O JUL 3 1 2009 WOE .~ . . '- EXHIBIT "A" PARCEL 1: Beginning at a point on the centerline ofa 40 foot wide roadway that is 1499.09 feet North 890 57' West and 689.77 feet South 1044' West of the stone set at the Southwest comer of County Survey No. 1271 that is 494.8 feet North 26' 09' West of the comer Sections 19, 20, 29, and 30 of Township 17 South, Range 2 West, Willamette Meridian; and running thence along the centerline of said 40 foot wide roadway on a 134.81 foot radius curve right (the long chord of which curve bears North 760 42 West 117.98 feet) a distance of 122.11 feet; thence on a 84.26 foot radius curve left (the long chord of which curve bears North 730 45' West 65.76 feet) a distance of 67.65 feet; thence South 830 15' West 1043.44 feet; thence on an 1142 foot radius curve left (the long chord of which curve bears South 79016' West 138.36 feet) a distance of 138.95 feet; thence South 760 17' West 204.09 feet; thence on a 409.26 foot radius curve right (the chord of which curve bears South 870 49' West 163.69 feet) a distance of 164.80 feet; thence leaving said roadway and traversing the center of an irrigation ditch South 32023' East along the Easterly line of that tract conveyed to Bruce L. Barnes, et ox, by instrument recorded November 14, 1977, under Reception No. 77-72572, Official Records of Lane County, Oregon, a distance of 424.86 feet; thence continuing along the center of said irrigation ditch and the Easterly line of said Barnes tract South 45036' East 43.52 feet to the Northeast comer of that tract conveyed to F. Grant Hurd, et ox, by instrument recorded April 22, 1963, under Reception No. 7852, Deed Records of Lane County, Oregon; thence along the Easterly line of said Hurd Tract and the center of said irrigation ditch South 450 33' East 311.39 feet to the Northeast comer of that tract conveyed to R.H. Pierce, et ux, by instrument recorded September 12, 1952, under Reception No. 84848, Deed Records of Lane County, Oregon; thence running along the center of said irrigation ditch and along the Northeasterly line of said Pierce Tract to the Northwesterly margin of Southern Pacific Railroad right-of- way the following courses and distances; South 710 30' East 69.05 feet; South 830 41' East 373.94 feet; South 650 4 l' East 195.92 feet; South 480 08' East 104.96 feet; South 720 44' East 100.52 feet' South 730 09' East 124.16 feet; South 30039' East 126.72 feet; thence traversing the Northerly margin of said right-of-way to the most Southerly comer of the tract conveyed to Kathryn L. Hefuer by instrument recorded November 10, 1976, under Reception No. 76-59667, Official Records of Lane County, Oregon, the following courses and distances: North 590 21' East 523.87 feet; North 54' 29' East 193.46 feet; North 440 IT East 145.39 feet; thence along the Southwesterly margin of said Hefuer Tract North 540 36' West 190.48 feet to the most Southerly comer oftliat tract conveyed to Douglas S. Leavitt, et UX, by instrument recorded September 09,1959, under Reception No. 77827, Deed Records of Lane County, Oregon; thence along the Southwesterly margin of said Leavitt Tract North 540 36' West 135.12 feet to the most Southerly comer of the tract conveyed to Douglas S. Leavitt, et ox, by instrument recorded January 23, 1974, under Reception No. 74- 02615, Official Records of Lane County, Oregon; thence to a point in the center ofa 40.00 foot wide roadway the following courses and distances along the Westerly margin of said Leavitt Tract; North 520 42' 40" West 73.12 feet; North 70 57' 27" West 458.41 feet; thence along the centerline of said 40.00 foot wide roadway South 770 21' West 52.12 feet to the place of beginning, all in Lane County, Oregon. EXCEPT THEREFROM: the following described portion thereof: Beginning at a point South 79019' 55" West 2552.66 feet from the section comer common to Sections 19,20,29 and 30, Township 17 South, Range 2 west of the Willarnette Meridian, run thence South 160 24' 35" East 231.98 feet, thence South 730 35' 25" West 308.00 feet thence North 16024' 35" West 230.44 feet, thence along the arc ofa circular curve to the right having a radius of 671.58 feet (the long chord of Continued- Property description continued. which bears North 73018' 15" East 308.01 feet) to the point of beginning, all in Lane County, Oregon. PARCEL 2: A 40.0 foot wide strip of land, the centerline of which is described as follows: Beginning at a point on the centerline of said 40 foot wide tract of land that is 1499.09 feet North 890 51' West and 689.77 feet South 1044' West of the stone set at the Southwest comer of County Survey No. 1271 that is 494.8 feet North 26009' West of the comer for Sections 19,20,29 and 30 of Township 17 South, Range 2 West, Willamerte Meridian; and running thence on a 134.81 foot radius curve right (the long chord of which bears North 760 42' West 1 }7 .98 fcet)a distance of 122.11 feet; thence on an LEGAL PRE-SUBMllTAl r". JUL 3 1 2L -, . . . . ~ .. _____u . . " 84.25 foot radius curve left (the long chord of which curve bears North 73' 45' West 65.85 feet) a distance of 67.65 feet; thence south 83' 15' West 1043.44 feet; thence on an 1142.76 foot radius curve left (the long chord of which curve bears South 79' 46' West 138.36 feet) a distance of 138.95 feet; thence South 76' 17' West 204.09 feet; thence on a 409.26 foot curve right (the long chord of which curve bears North 83' 31' 30" West 282.52 feet) a distance of288.46 feet; thence on a 402.09 foot radius curve left (the long chord of which curve bears North 76' 33' 30" West 183.98 feet) a distance of 185.62 feet; thence North 89' 47' West 328.4 feet to the centerline of County Road No. 753. EXCEPT THEREFROM: that portion thereof lying within Parcell. ALSO EXCEPT THEREFROM that portion described in deed to the City of Springfield recorded July 21, 1994, Recorder's Reception No. 94-53874, Lane County Official Records. ALSO EXCEPT THEREFROM that portion described in deed to Breadner Parker & Associates (Ambleside) LLC, recorded October I, 1997, Reception No. 9766814, Lane County Official Records. PARCEL 3: A tract ofland located in the N.E 1/2 of Section 30, Township 17 South, Range 2 west of the Willarnetle Meridian in Lane County, Oregon: Beginning at a point on the Southerly boundary of Southern Pacific Railroad right of way; said point being 456.47 feet North and 697.14 feet West of the N.E. comer of the Wilmer Comegys Donation land Claim No. 59 in Township 17 South, Range 2 West ofthe Willarnetle Meridian; thence South 58' 36' West along said right- of-way, boundary for 370.22 feet to a ]/2 inch iron pipe; thence South 47' 34' East for a distance of 132.00 feet to 1/2 inch iron pipe; thence South 47' 34' East for a distance of20.00 feet, more or less, to the centerline of County Road No. 278; thence along the centerline of said County Road to a point which lies South 40' 30' East of the point of beginning; thence North 40' 30' west a distance of 56. 00 feet to the point of beginning. EXCEPT THEREFROM a tract ofland located in the Northeast quarter of Section 30, Township] 7 South, Range 2 west of the Willarnetle Meridian in Lane County, Oregon; Beginning at a point on the Southerly boundary of Southern Pacific Railroad right of way; said point beginning 456.47 feet North and 697.14 feet West of the Northeast comer of the Wilmer Comegys Donation Land Claim No. 59 in Township 17 South, Range 2 West of the Willarnetle Meridian; thence South 58' 36' West along said right of way line 20.22 feet to the true point of beginning; Continued- Property description continued- thence south 58' 36' West along said right of way houndary for 350.00 feet to a 1/2 inch iron pipe; thence South 47' 34' East a distance of 132.00 feet to a 1/2 inch iron pipe; thence South 47' 34' East for a distance of 20.00 feet more or less to the centerline of County Road No. 278; thence along the centerline of said County Road to a point which lies South 400 30' East of the true point of beginning; thence North 40030' West a distance of70.00 feet more or less, to the bue point of beginning. ALSO EXCEPT THEREFROM: any portion lying within that parcel ofland described in deed recorded December 22,1997, Recorder's Reception No. 97-86376 and deed rerecorded December 9,2003, Recorder's Reception No. 2003-118513, Lane County Official Records_ ALSO EXCEPT THEREFROM: any portion lying West on the West line of certain parcel ofland described in deed to Sig Moe and Kay Moe, recorded June 13, 1973, Recorder's Reception No. 7326772, Lane County Official Records. PRE-SUBMlllAL REC'O JUL 3 1 2009 LEGAL