HomeMy WebLinkAboutApplication APPLICANT 7/22/2010
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City of Springfield
Development Services Department
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225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
A licant Name: Andrea McKinne
Phone: 541 746-2543
Com an :
Fax:
Address:
P.O. Box 1312 S rin field, OR 97477
A licant's Re .: Rex A. Betz, PLS
Com an :
Phone: 541 746-0637
Inc.
Fax:
541 746-0389
Address:
310 Fifth Street S rin field, OR 97477
Owner: Andrea Mckinne Trustee Shalece M.B. Amor Trust Phone:
Com an
Address:
Fax:
P.O. Box 1312, S rin field, OR 97477
ASSESSOR'S MAP NO: 17-02-34-44
TAX LOT NO S : 1201
Address: 6595 & 6597 Main Street, S rin field, OR 97477
17811 Acres 0 S uare Feet ~
Pro osed Name of Subdivision: NjA
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Pro osal:
Existin Use:
Tentative Case #: 5UB2010-00002
Associated A
Pre-Sub Case No.:
Date:
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10 101 D-- OW/I
TOTAL FEES: $
Revised 11.20.09
Original Submittal
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Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
Pre-Submittal
Owner:
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the--a15Plicant is not the
owner, the owner hereby grants permission for the a trc:a'nt to act in his/her behalf.
I/we do hereby acknowledge that I/we are legal esponsible for all statutory
timelines, information, requests and requir ents conveyed to my representative.
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Print
Date:
Signature
Submittal
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
Owne'~~cJ(~
Signature 1
Date:
:r Vc \"1 '2'-
'7.0 \0
Andrea McKinney, Trustee
Print
Date Received:
JUL 2 2 2010
Original submittal
Revised 11.20.09
2 of 6
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Post Monumentation Deposit as required for s
has current fee schedule and templates.
Location of Any Floodways in tidanc with SDC 3.3-400.
Existing Easements Clearly I~entif' d wi&.:rheir Recorded Reference.
New Easements and Reserve 5 ips Reflrehced in Owner Certificates of
Dedication and Purposes ofyasements'Identified on Plat.
NOTE: When, as part of the appro>ia'l process, the application has been conditioned so that the
recordation of a document is required, the applicant shall be responsible for paying the Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right-of-Way.
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City Survey Section
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Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
[gJ 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 application, technology, and postage fees, where applicable, are
collected at the time of complete application submittal. -It 2&77.DO;- , 33 bS -::: i 2810. 85
[gJ Land Division Plat Application Form
[gJ Two (2) Copies of the Deed
[gJ Two (2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
[gJ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp.
[gJ Copy of the Mylar on Bond Paper
~ Original and Copy of all Required Documents with signatures where appropriate.
Date Received:
JUL 2 i 2010
Original Submittal
Revised 11.20.09
6 of 6
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@ODUW@~~ITil~ &~~~@WCID~
Il@u !}IJ;j]ffj) !P/Jfj}
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Name of Plat: McKinney Partition
I have checked through submitted documents, and the following have been submitted:
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[3 Mylar of plat .
E1)?riginal signed Private Utility Easement
o Current Title Report
{;l,--1{copy of each of the previous for Planning
These documents are the only ones the Survey Division requires for the Final Plat
submission and filing.
City Instructions: This form is to accompany the plat and the supporting documents to the Public Works Department of the
City of Springfield at the time of final plat submittal. The purpose is primarily to notity the planning office that the Surveying
Division has received all the documents it requires for final plat submittal.
County Instructions: This form is to accompany the plat and the supporting documents to the Lane County Surveyor's
Office at the time of final submittal for recording. The purpose is primarily to notify that office of which items need to be
. recorded simultaneously with the plat, but it also serves to remind the developer/surveyor that these documents need to be
included in the final submittal package to the C!Junty Surveyor.
Date Received:
JUL 2 2 2010
Original Submittal
V:\SURVEY\Plat Drawings\Cogo'd Drawings & Letters\Partitions_on plat 803_& review comments\McKinney\Survcying Approval
Memo--city.doc
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First American
. Firn American Title Insurance Company of Oregon
600 Country Club Road
Eugene, OR 97401
Phn - (541)484-2900
Fax - (541)484-7321
FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT:
Mike Rutherford, Title Officer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: mgrutherford@firstam.com
Brandt Financial 5ervices Inc
806A N A St
Springfield, OR 97477
Order No.: 7199-1533318
July 21, 2010
Attn: BJ. Brandt
Phone No.: (541)746-2543 - Fax No.: (541)746-8223
Email:
Re:
Supplemental Preliminary Title Report
2006 Al T A Owners Standard Coverage Liability $ Premium $
2006 Al T A Owners Extended Coverage Liability $ Premium $
2006 ALTA Lenders Standard Coverage Liability $ Premium $
2006 ALTA Lenders Extended Coverage Liability $ Premium $
Endorsement Premium $
Govt Service Charge Cost $ 15.00
Other Preliminary Title Report Cost $ 200.00
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
PARCEL 1, LAND PARTITION PLAT NO. 2008-P2306, AS PLATTED AND RECORDED OCTOBER 28,
2008, A5 RECEPTION NO. 2008-058921, OFFICIAL RECORDS OF LANE COUNTY, OREGON.
and as of July 15, 2010 at 8:00 a.m., title to the fee simple estate is vested in:
Shalece M.B. Amor Trust, UA 6/28/02, Trustee Andrea McKinney
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
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; proceedings
by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
Date Received:
This report is for the exclusive use of the parties herein shown and is preliminary to the issuanJe~h 2 2 2010
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
Original Submittal
Preliminary Report
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Order No.: 7199.1533318
Page 2 of 5
2. 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, or claims or easement, not shown by the public records; reservations or exceptions
in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a
correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information:
A. Surveyor alternative acceptable to the company
B. Affidavit regarding possession
C. Proof that there is no new construction or remodeling of any improvement located on
the premises. In the event of new construction or remodeling the following is
required:
i. Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required by the Industry Rate Filing
approved by the Insurance Division of the State of Oregon
6. Taxes for the fiscal year 2010-2011 a lien due, but not yet payable.
7. Easement, including terms and provisions contained therein:
Recording Information: September 21, 1909, Book 83, Page 377
In Favor of: City of Eugene
For: right of way
(Blanket easement)
8. Highway Construction Permit, including terms and provisions thereof.
Between: Robert M. Richardson, et ux
And: The State of Oregon, by and through its Oregon State Highway
Commission and the City of Springfield
Recorded: June 14, 1966, Reception No. 50713
9.
Easement, including terms and provisions contained therein:
Recording Information: July 25, 1967, Reception No. 92663
In Favor of: City of Springfield
For: right of way
Date Received:
JUl 2 2 2010
Rrst American Title
Original Submittal
Preliminary Report
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Order No.: 7199-1533318
Page 3 of 5
10. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: June 28, 2005, Reception No. 2005-047488
11. Easement, including terms and provisions contained therein:
Recording Information: June 28, 2005, Reception No. 2005-047489
In Favor of: City of Springfield
For: public utilities
12. Deed of Trust and the terms and conditions thereof.
GrantorjTrustor: J.M. Brandt-Drury
Grantee/BenefiCiary: Brandt Financial Services, Inc.
Trustee: Evergreen Land Title Co.
Amount: $351,125.00
Recorded: November 10, 2005
Recording Information: 2005-090124
(Covers Additional Property)
Modification and/or amendment by instrument:
Recording Information: June 04, 2008, Reception No. 2008-031181
13. Restrictions and/or notes shown on the recorded plat/partition.
14. Easements as shown on the recorded plat/partition.
15. Declaration of Private Easements, including terms and provisions thereof.
Recorded: October 28, 2008, Reception No. 2008-058922
16. Affidavit of Correction to a Partition Plat, including terms and provisions thereof.
Recorded: December 29, 2008, Reception No. 2008-067954
17. Deed of Trust and the terms and conditions thereof.
GrantorjTrustor: Shalece M.B. Amor Trust UA 6/28/02, Trustee Andrea McKinney
Grantee/BenefiCiary: Brandt Financial Services, Inc.
Trustee: First American Title Insurance Co.
Amount: $499,990.00
Recorded: February 04, 2010 Date Received:
Recording Information: 2010-006015
JUL 2 2 2010
Re-recorded March 05, 2010, Reception No. 2010-010825
18.
Unrecorded leases or periodic tenancies, if any.
Original Submittal
19. In order to insure a transaction involving the herein named trust, we will need to be provided a
Certification of Trust pursuant to ORS 130.800 through ORS 130.910.
Arst American Title
Preliminary Report
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Order No.: 7199-1533318
Page 4 of 5
20. Affidavit of Correction to Land Partition Plat Number 2008-P2306, including terms and provisions
thereof.
Recorded: July 15, 2008, Reception No. 2010-034773
- END OF EXCEPTIONS -
NOTE: We find no judgments or United States Internal Revenue liens against Shalece M.B. Amor Trust,
UA 6/28/02
NOTE: Taxes for the year 2009-2010 PAID IN FULL
Tax Amount: $2,736.68
Map No.: 1702344401201
Property ID: 1826138
Tax Code No.: 01900
Situs Address as disclosed on Lane County Tax Roll:
6595 & 6597 Main Street, Springfield, OR 97478
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
Date Received:
JUL 2 2 2010
Original Submittal
A"rst American TltJe
Preliminary Report
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Order No.: 7199-1533318
Page 5 of 5
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First American Title Insurance Company of Oregon
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POUCY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (i~\ud\ng those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions, or location of any improvement erected on the land;
(iil) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
"
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and IS based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l1(b).
ALTA OWNER'S POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10)i or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
SCHEDULE OF STANDARD EXCEPTIONS
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; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. 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, or claims of easement, not shown by the publiC records; reservations or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements
located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the subject land.
5. Any lien" or right to a lien, for services, labor, material, equipment re~t31 or workers compensation heretofore or hereafter
furnished, imposed by law and not shown by the public records.
NOTE: A SPEOMEN COPY OF THE POliCY FORM (OR FORMS) WIll. BE FURNISHED UPON REQUEST
ualli>ae~"ed:
JUL 2 2 2010
First American Title
Oriainal Submittal
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FORM No. 63~3-1 - WARRANTY DEED (Individual).
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e 1990.2008 sreVENS.NESS LAWFU8tfSHING co., POflTl,.,NO, OR WWW,SfllVlfll$M8Ss,oom
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NO PART OF ANY STEvENS-NESS FORM MAY BE REPRODUCED I,NANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS. ~
After Iteoordine n_ 1& , !i!N
. Plrst^""",bUlTfthl DII/lslon of Chief Depuly Clerk ~OIO ooeOIA "'-'
_~~__~~__~r_~n_dE_-::~_:~D'__",P~!l.~;;iOJ.,~Il_mm__ Lane County Deeds and Reeo~d" L. g ,
,~~~E~~~~~~r~4:~~~;i.~,~~k1?i:~~~=~~~~~~~~~~~~~:~~~~~ 1111I11/1 ""111111111I"" "" II """ //111111 $42,00 IS
Sh_a,!_~c_~~~?_~~_:__~!__!l_~_ _~2:~.~9_~)__T_rl!.st_E!~__ 01130243201000060140010014
PO__B_<:~J~~_~mmm__m___~~~!_E!~_~C:~~!'_'!~_Z___ 02/04/2010 01: 19 :51 PM n
Springfield, Or 97477 RPR-DEED Cnl:l Sln:l CASHIER O~
--m----m--mo,....."-.,...,;;;;..,,..,,--m-m-------__ $~. 00 $11.00 $16.00 $10.00
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Aher reCordll!S. relum 10 ~8me, Address, ZIp): .
BRANDT YINANCIAL Services, Inc.
P-6--Bo-j(--f3-SZ-----------------------------------------
S~~:~?:~~:~~:~~~~~:~~::~~!~~!?::::::::::~:::~:::::::::::
C DII/lslon of ChIef Deputy Clerk
Lane Counly Deeds and Records
1111I11111111111111111I11111111111111I11I11111111
01135476201000108240010017
03/05/2010
RPR-DEED Cnl:1 Stn:6 CASHIER 04
$5.00 $11.00 $16.00 $10.00
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$42,00
Unlll requested olherwlH, send all tall statel1'l8n15lo (Name, Address, ZIp):
BRANDT FINANCIAL SERVICES, INC.
P(j--i\o-;c--f3'5Z-----------------------------------------
S~!:J[i1jit~J[~~i:~~~:32~~:~:!4~7?~-------------------------
10:26:07 AM
WARRANTY DEED
KNOW ALL BY THESE PRESENTS that _m__n_;T_,ul:!,__fl.Mm>_'l::'u!!.t!ffiL_m____m________m__________m__mu
h~~~;~;r~;;~~II~d-~;~~~~;~f~;-;h~-;~~~id~;;~i~~-h~~;~~ft;;~~~;;d~-t~-~;~;t~;-~~id-br-~~!~~:~:~~A~~~!:~~~~~~E:~~:.w\~~~~~~~
~~3_~!_~3_~__~~~_~~_~__~~_~:_~a__~~~~~_rl~~___________________________________________________________________________________,
hereinafter called grantee, does hereby grant, bargain. sell and convey unto the grantee and grantee's heirs, successors and assigns,
t.hat certain real prI::rty, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in ___uun_"E~__u_____uuu_u__- County. State of Oregon. described as follows. to-wit:
I
PARCEL 1, LAND PARTITION PLAT 2008-P2306, AS PLATTED AND
RECORDED OCTOBER 28, 2008, AS RECEPTION NO. 2008-058921,
OFFICIAL RECORDS OF LANE COUNTY, OREGON.
Date Received:
RE-RECORDED TO CORRECT LEGAL DESCRIPTlOO
(IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE) . . . t I
To Have and to Hold Ihe same unlo grantee and granlee's heirs, successors and assigns f&lr~wnal Submit a
And grantor hereby covenants to and with grantee and grantcc's heirs, succeSSOrs and assigns. that grantor is lawfully seized
in fee simple of the above granted premises. free from all encumbrances except (if no exceptions. so state): ___________n_____
_________~_(!_J>ll~eJ!t;LoJts_________________________________________________________________________"______________________________
JUL 2 2 iGlO
________________________________________________________________________________________________________________________c__. and that
grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer. staled in terms of dollars. is $_4.~2>2~_Q!_Q9_____n_. (j) I1ene..r, the
uduul ",..III~;d""'Jal.;ull ....v..";,,L~ uf VI ;......lud...." uti...... p.ur'......l) VI ~ulu.... e;;v...... v. ....l....,u;"....d \lV1.:.....);" D tI..... nl.vtc-D l-Ia.lt ve lI.....
Glld~....uh.,
whid.) '"'uu,,;d.....ul;v)..<D (The sentence between the symbols ID. if not applicable, should be deleted. See ORS 93.030.}
In construing this deed, where the context so requires. the singular includes the plural.
I' h f h h ted h' , I December 31 201'12 'f
n witness w creo. t e grantor as execu t IS mstrumen on _n___________________.......____~ ____________________; I grantor
is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized [0 do
so by order of its board of directors, ~
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING' .
FEE TITLE SHOULD INOUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS
195.300,195.301 ANO 195.305 TO 195.336 ANO SECTIONS 5 TO 11, CHAPTER 424, ~___ __ _______h__________________________
OREGON LAWS 2007, THIS INSTRUMENT DOES NOT ALLOW USE OF THE PRDPE~TY , J M BRAND'JI DRURY
OESCRIBEO IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS A ,
REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PER ___u_______________________________,__________u______________
ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE
CITY OR COUNTY PlANNING OEPARTMENT TO VERIFY THAT THE UNIT OF LANO BEING
TRANSFERRED IS A lAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS
92,010 OR 215,010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS
DEFINED IN DRS 30.930, AND TO INDUIRE ABOUT THE RIGHTS OF NEIGHBORING
PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195,305 TO 195,336
AND SECTIONS 5 TO 11, CHAPTER 424, OREGON lAWS 2007.
STATE OF OREGON. County of _m___m__L_~~_~________mmm) ss,
This instrument was acknowledged before me on __!l.E!"-E!!n.l~i!.!:__~}_,__?QQ2_____~__m_m_m.
by __~_____________:I_~~~__~!_~!'_~!__P_~~_~y____________________________________________________________,
OFFICIAL SEAL
,~ ' IJ BRANDT
,. ~ NOTARV Pll8~IC.OREGON
COMMISSION NO, 437229
MY COMMISSION EXPIRES MAY 19, 2013
Notary 'c for Oregon
My commission expires ~~\~L_~\.2l.mm___m_____
,. Recorded by FirtH American flUe
Insurance ComparlY of Oregon as an
accommodation on~y, No liability
PUBLISHER'S NOTE: If using Ihls form to eonvey real property subJeet 10 ORS 92.027, Include the required referonce.
validity, sufficiency, or effect of
doctl""'"
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Recorded at the request of and
after recording return to:
Date Received:
JUL 2 i 2010
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
Original Submittal
DECLARATION OF PRIVATE UTILITY EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS: .
I) SHALECE M.B.AMOR TRUST, UA 6/28/02, TRUSTEE ANDREA MCKINNEY, Grantor,
is the owner of Parcel I of Land Partition Plat Number 2008-P2306 as platted and recorded
in the Lane County Oregon Partition Plat Records.
2) The owner is dividing said real property into two parcels as shown on Land Partition Plat No.
2010-P as partitioned and recorded in Lane County Oregon Partition Plat
Records.
3) The owner desires to create easements and define maintenance responsibility on certain areas
and facilities for the benefit of future owners of the parcels as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: Grantor hereby creates a perpetual easement for the benefit of Parcels
I and 2 over that certain area designated as "V ARIABLE- WIDTH PRIVATE UTILITY
EASEMENT" on said partition plat and shown in Exhibit' A' as attached hereto and made a
part hereof as said easement lies in Parcels I and 2 for private utility purposes.
B) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement. except for
crOSSIngs.
C) Use of the Burdened Property: The owners or occupiers of the parcels affected by
these easements shall have the right to use their property, including the areas described as the
easements, for any purpose as long as the owners or occupiers do not interfere with the use of
the easements as granted by this instrument. No vehicle parking or storage of vehicles shall
be allowed by any party within the access easement areas, including the agents, employees,
tenants, and invi,tees of said owners.
D) Maintenance and Repairs: The cost of any maintenance or repair of private utilities lying
within the easement areas will be the responsibility of the owner of the respective facility
where the facility serves one owner and shall be split equally between the owners of the
Parcels served by the respective facility where the facility serves multiple owners.
E) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of Parcels I and 2 of said' partition, and are intended to be covenants and restrictions
running with the land. AU provisions of this instrument, including the benefits and burdens,
are binding and inure to the heirs, successors, assigns, transferees, and personal
representatives of all owners of any of the aforementioned parcels.
IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE UTILITY
EASEMENT on this '2'2",4 day of --:J\J'~ y ,2010.
'"
Andrea McKinne ,T tee
Shalece M.B. Amor Trust, UA 6/28/02
(8 OFFICIAL SEAL
.' " ANGELA ERWIN
'--. ) NOTARY PUBLIC - OREGON
...../ COMMISSION NO. 421788
MY COMMISSION EXPIRES SEPTEMBER 26, 2011
STATE OF OREGON )
)ss
County of Lane )
On this 'ZZIJD day of J LJ '..... '\ , 2010, before me personally appeared Andrea
McKinney and acknowledged the foregoing instrument to be her voluntary act and deed as Trustee
of the Shalece M.B. Amor Trust, UA 6/28/02.
a~J~ 2(~
Notary Pub IC for Oregon
DECLARATION OF PRIVATE UTILITY EASEMENTS
Page I of2
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EXHIBIT 'A'
LOCATION OF PRIVATE UTILITY EASEMENT
MAIN STREET (McKENZIE HJfY - HJfY 126)
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PARCEL 1
8403 SQ. FT.
PRIVATE UTILITY EASEMENT
AS DESCRIBED HEREIN
1
1
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1
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PARCEL 2 I
9408 SQ. FT. 1
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1
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1
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1
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DECLARA TION OF PRlY A TE UTILITY EASEMENT
Page 2 of2
Date Received:
JUL 2 2 2010
Original Submittal
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