HomeMy WebLinkAboutApplication APPLICANT 10/6/2010
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Pty of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Property Line Adjustment
Adiustment #1 of 3
Required Project Infc;>rmation (Applicant: complete this section)
A licant Name: Brian K. Gesik and Cheryl Gesik
Com an :
Address: 6718 Jacob Ln, Springfield OR 97478
Phone:
Fax:
A Iicant's Re .: Renee Clough, PE, PLS, AICP
Com an : Branch Engineering, Inc.
Phone:541-746-0637
Fax:541-746-0389
Address: 310 5th St, Springfield OR 97477
PROPERTY 1
Assessors Ma #: 17- 02 - 34-11
Tax Lot #: 9600
Pro Address: 6718 Jacob Ln, Springfield OR 97478
Owner: Brian K. Gesik and Cheryl Gesik
Phone:
Fax:
Pro
Com an
Address: 6718 Jacob Ln, Springfield OR 97478
Assessors Ma #: 17-02-34-11
PROPERTY 2
Tax Lot #: 15400
Pro
Address: none - vacant
Owner: see attached list
Phone:
Fax:
Com an
Address: see attached list
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Pro osal: Adjust property lines to match usage and avoid future deed confus on
rint
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Associated A lications: -r:.. /10- 6/9:::1:>4 .J ~S-
Case No.:T
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G'7Lf,/C;-
Date: /0
D Reviewed b
A lication Fee:
Technical Fee: 3/J~ 0
PROJECT NUMBER: PRSm .{)OCfJ (
TOTAL FEES:
Revised 1{1{08 Molly Markarian
OCT - 6 2010
1 of 4
Original Submittal
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Signatures
The undersigned aCknowledges that the information in this application is correct and accurate.
Applicant:
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Date:
CJ -~ -to
Signature
Brian K. Gesik or Cheryl Gesik
Print
If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 1:
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Signature
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Date:
q-~o-Io
Brian K. Gesik or Cheryl Gesik
Print
If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 2:
see attached list
Signature
Date:
see attached list
Print
Date Received:
OCT - 6 2010
Original Submittal
Revised 1/1/08 Molly Markarian
2 of 4
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OWNERS LIST AND SIGNATURES
FOR
17-02-34-11 TL 15400
Brian K. Gesik and Cheryl Gesik
6718 Jacob Lane
Springfield OR 97478
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Brian K. Gesik or Cheryl Gesik
q. ~o. :;ZO'D
Date
Robert D. Ridge and Amy D. Ridge
6694 Jacob Lane
Springfield OR 97478
~~P~~{)r~t'd~
Robert D. Ridge or Amy D. Ridg I
q. -ILl --- dOf"D
Date
Brandon 1. Parks and Jamie K. Parks
6680 Jacob Lane
Springfield OR 97478
U 1- (JJJ
q -(3 -20 ro
Date
Eldon Shaw and Laura 1. Shaw
6652 Jacob Lane
Springfield OR 97478
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Eldon Shaw or Laura 1. Shaw
'1-;1-;0
Date
Date Received:
OCT - 6 2010
Original Submittal
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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.
I!] Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. The applicable application, technology, and postage fees are collected at the
time of complete application submittal.
~ Property Line Adjustment Application Form
I!] Copy of the Deed for all properties involved in the property line adjustment.
[!] Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances for all properties involved in the property line
adjustment.
I!] Draft of the Property Line Adjustment Deeds in compliance with ORS 92.010 and
92.190(4). Recording of these deeds with Lane County shall be a condition of approval.
~ Narrative 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.
o Three (3) Copies of a Preliminary Survey including the following:
00 Prepared, stamped, and signed by an Oregon licensed land surveyor
Qg Scale appropriate to the area involved and the amount of detail and data
Qg North arrow, date of preparation, and title, i.e. Proposed Property Line
Adjustment Survey
[}9 Boundaries of the lots/parcels involved, including dimensions and area
[}9 Zoning and plan designation of the lots/parcels
[R] Existing property line and proposed property line, clearly differentiated by line
type
89 Location and outline to scale of all existing structures, including required
setbacks from current property lines and proposed property lines
[}9 Location, widths, and names of all existing streets, alleys, or other rights-of-way
within or adjacent to the lots/parcels and the location and width of driveways
Q9 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.
[R] Reference to the recorded Subdivision or Partition by name or reference number
and blocks, lot/parcel numbers, where applicable
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Date Received:
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Revised 1/1/08 Molly Markarian
4 of 4
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NARRATIVE
FOR
17-02-34-11 TLs 9600 & 15400
(ADJUSTMENT #1 OF 3)
Proiect Description
The owners of 6718,6694,6680 and 6652 Jacobs Lane (17-02-34-11, TLs 9600, 9700,
9800 and 9900; aka Lots 63, 64, 65 and 66 of Levi Landing 2nd Addition) co-own the vacant tract
behind their homes (17-02-34-11, TL 15400; aka Tract A of Levi Landing 2nd Addition Replat).
The vacant tract and residential lots are subject to a number of easements and restrictions,
primarily related to storrnwater and creek flooding. Due to these easements and restrictions
Tract A cannot be developed and must remain vacant. The owners have found that co-ownership
has a number of cumbersome elements including: tax payment, maintenance responsibilities and
usage rights. The biggest drawback however, has been confusion during sales of the residential
lots. The fractional ownership in Tract A should be conveyed at the same time as the residential
lot, but in a recent sale it was not. The owners expended a significant amount oftime and
expense to rectify the omission of the Tract A ownership during a recent sale.
The owners are undertaking this series of three (3) property line adjustments to rectify the
current problems. After the adjustments, each residential lot owner will be the sole owner of the
portion of Tract A north of his/her lot. The owners recognize that the adjustments will not create
the opportunity for additional development or land divisions. The sole purpose is to resolve an
ownership situation that is seen as unnecessarily complex and cumbersome.
Code Compliance
5.16-125 Criteria
The Director shall approve, approve with conditions, or deny the Property Line Adjustment
application. Approval or approval with conditions shall be based on compliance with the
following criteria. The Property Line Adjustment shall not:
A. Create a new lot/parcel;
No new properties are created with this adjustment; two (2) lots exist before and after the
adjustment.
B. Create a landlocked lot/parcel;
No landlocked properties are created with this adjustment; both properties will continue to have
frontage on Jacob Lane.
C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the
minimum established by the applicable zoning districts in this Code;
Both properties are zoned LDR; therefore code section 3.2-200 must be consulted to confirm
conformance with this criterion. Table 3.2-215 Base Zone Development Standards establishes
the following criteria: minimum lot size ~ 4,500 sq.fi, minimum frontage = 45 feet, minimum
front yard setback = 10 feet, minimum rear yard setback = 10 feet, minimum inteIDaiwReceived:
OCT - 6 2010
Original Submittal
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setback ~ 5 feet and minimum garage front yard setback ~ 18 feet. As can be seen by inspection
of the plans included in this submittal, both properties meet these criteria after the adjustment.
D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels
involved in the application;
The conditions of approval for Levi Landing, Levi Landing 2nd Addition and Levi Landing 2nd
Addition Replat are applicable to this adjustment. None of the conditions of approval infor these
subdivisions are violated by this adjustment.
E. Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in
the application or to abutting lots/parcels; or
All the surrounding properties are already developed and serviced with public and private
utilities. The existing treatment and conveyance facilities existing on Tract A already have an
easement and will not be influenced by the adjustment.
F. Increase the degree of non-conformity of each lot, parcel or structure that is non-confonning at
the time of application.
No non-conformities will exist after the adjustment.
Date Received:
OCT - 6 2010
Original Submittal
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, Recorded at the request of
and after recording return to:
for Lands described in Exhibit B
Send Tax Statements to:
for Lands described in Exhibit C
Send Tax Statements to:
Branch Engineering, Inc.
3 J 0 5th Street
Springfield, OR 97477
Brian K. Gesik and Cheryl Gesik
67] 8 Jacob Lane
Springfield OR 97478
Eldon Shaw and Laura I. Shaw
6652 Jacobs Lane
Springfield OR 97478
The true consideration for this conveyance is other than monetary.
PROPERTY LINE ADJUSTMENT DEED 1 OF 3
The parties to this transfer are (1) Brian K. Gesik and Cheryl Gesik, hereinafter referred to as
Party 1 and being a Grantor/Grantee herein and (2) Brian K. Gesik, Cheryl Gesik, Robert D.
Ridge, Amy D: Ridge, Brandon 1. Parks, Jamie K. Parks, Eldon Shaw and Laura 1. Shaw
hereinafter referred to as Party 2 and being a Grantor/Grantee herein.
This Deed is intended to adjust the boundary line between a parcel of real property owned by
Party I and an adjoining parcel of real property owned by Party 2. The parties are entering into
this Deed to agree on the property line separating their parcels to comply with City of Springfield
Land Use Regulations and the provisions of Oregon Revised Statutes 92.190(4).
The legal description of Party I's property prior to this adjustment is Lot 63 of Levi Landing
Second Addition as platted and recorded in the Lane County Oregon Plat Records as conveyed in
that Warranty Deed - Statutory Form recorded on December 2, 2009 as Reception Number
2009-066725 in the Lane County Oregon Official Records.
The legal description of Party 2's property prior to this adjustment is Tract A of Levi Landing
Second Addition, Replat of Lots 59, 60, 61, 62, 67 and Tract D as platted and recorded in the
Lane County Oregon Plat Records as conveyed in that Warranty Deed - Statutory Form recorded
on October 25, 2004 as Reception Number 2004-082498 in the Lane County Oregon Official
Records and that Warranty Deed - Statutory Form recorded on June 24\' 2010 as Reception
Number 2010-029540 in the Lane County Oregon Official Records.
The line being adjusted herein is the entire common line between said Lot 63 and said Tract A.
WHEREAS the Parties desire to adjust said common line and WHEREAS the Parties are
agreeable to execute a transfer of property through means of an approved Property Line
Adjustment and this Deed.
THEREFOR, for purposes of accomplishing this Property Line Adjustment:
Party 2 hereby transfers and conveys all of its right, title and interest in and to the property
described on "Exhibit A" to Party I as said exhibit is attached hereto and made a part hereof.
And
Party I hereby transfers and conveys all of its right, title and interest in and to the property
described on "Exhibit B" to Party 2 as said exhibit is attached hereto and made a part hereof.
The description of Party I's property after this adjustment is described on "Exhibit A" attached
hereto and made a part hereof. .
The description of Party 2's property after this adjustment is described on "Exhibit B" attached
hereto and made a part hereof.
Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 1 of 3
Page 1 of5
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BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND
17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND 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 ORS 30.930, AND TO INQUIRE ABOUT
THE RIGHTS OF NE1GHBORlNG PROPERTY OWNERS, lF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO
9 AND 17, CHAPTER 855, OREGON LAWS 2009.
Dated this
LOt'>
day of
Yrkpfcv
,2010.
Party 1 and 2
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Cheryl esik '
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Brian K. Gesik
STATE OF OREGON )
County of Lane )SS
On SftJf.rFif?~/ 7P ttJ, 2010 personally appeared the above named Brian K.
Gesik and Cheryl Gesik and acknowledged the foregoing to be their voluntary act and deed.
.....~.~ .
~//Notary Public for Oreg
OFF'IC1Al :SEAL
CHRISTOPHER (:OLiN CHRISTENSEN
NOTARY PU8L1C - OREGON
COMMISSION NO. 433709
MY COMMISSION EXPIRES OCT. 26. 2012
Party 2
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Robert D. Ridge
Q", {J. /J, Ii; d'f-
AmyD. . ge
STATE OF OREGON )
County of Lane )SS
On ? c.P.To>'''- 0>O"L.- 1 LIT': 2010 personally appeared the above named Robert D.
Rid 'e and Amy D. Ridge and acknowledged the foregoing to be their voluntary act and deed.
.". OFFICIAL SEAL
. "'~' .. SABRINA J VAN BEENEN
,.,' NOTARY PUBLlC.QREGON
'" COMMISSION NO. 443993
MY COMMISSION EXPIRES NOVEMBER 3, 2013
. k{h;bB~'u--
Notary Public Oregon
W 1- evl
Brandon 1. Parks
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J e K. Parks
STATE OF OREGON )
County/of Lane )SS
On .!l.e -0 /3 , 2010 personally appeared the above named Brandon L.
Parks and Jamie K. Parks and acknowledged the foregoing to be their voluntary act and deed.
_Q{;hU,- W~ nate Received:
Notary Public for Oregon
. OFFICIAL SEAL
~ ROBIN 0 PARKS
~. NOTARY PUBLIC. OREGON
COMMISSION NO. 432228
MY CO'l1MISSION EXPIRES OCTOBER 13, 2012
Property Line Adjustment Deed 1 of 3
Page 2 of5
OCT - 6 2010
Original Submittal
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Eldon Shaw
,/)'o.u.."-L- J.
Laura 1. Shaw
d/ \
".)(,J< \ftlJ
STATE OF OREGON )
County of Lane )SS ,
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On ~ ~Vv- - U ~ , 2010 personally appeared the above named Eldon Shaw
and Laura 1. Shaw and acknowledged the foregoing to be their voluntary act and deed.
~~ . lA-' J2~k
Notary Pu lic for Oregon
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Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 1 of 3
Page 3 of5
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EXIllBIT A
LANDS OF PARTY 1
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Eugene, Lane County, State of Oregon in the Northeast 1/4 of the of
Section 34, Township 17 South, Range 2 West of the Willamette Meridian and described as
follows:
Lot 63 of Levi Landing Second Addition as platted and recorded in the Lane County Oregon Plat
Records
ALSO
Beginning' at the most southerly southeast comer of Tract A of Levi Landing Second Addition,
Replat of Lots 59, 60, 61, 62, 67 and Tract D as platted and recorded in the Lane County Oregon
Plat Records; thence
. Along the boundaries of said Tract A the following courses:
North 24030'58" East, 232.21 feet,
North 01006'59" East, 201.84 feet, and
North 88019'11" West, 204.86 feet to a point; thence
South 04056'32" West, 270.52 feet to the northwest comer of Lot 63 of Levi Landing Second
Addition as platted and recorded in the Lane County Oregon Plat Records, said northwest comer
also lying on the southerly boundary of said Tract A; thence
Along the boundaries of said Tract A the following courses:
South 88053'01" East, 170.34 feet,
South 24030'58" West, 151.85 feet,
Southeasterly along a 120.00 foot radius curve to the right 16.55 feet through a central angle
of 07054' 12", the chord of which bears South 69026'08" East, 16.54 feet, and
South 65029'02" East, 5.50 feet, returning to the point of beginning.
Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 1 of 3
Page 4 of5
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EXHIBIT B
LANDS OF PARTY 2
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Eugene, Lane County, State of Oregon in the Northeast 1/4 of the of
Section 34, Township 17 South, Range 2 West of the WiJlamette Meridian and described as
follows:
Tract A of Levi Landing Second Addition, Rep1at of Lots 59, 60, 61, 62, 67 and Tract D as
platted and recorded in the Lane County Oregon Plat Records
EXCEPTING therefrom the following described lands:
Beginning at the most southerly southeast comer of Tract A of Levi Landing Second Addition,
Replat of Lots 59, 60, 61, 62, 67 and Tract D as platted and recorded in the Lane County Oregon
Plat Records; thence
Along the boundaries of said Tract A the following courses:
North 24030'58" East, 232.21 feet,
North 01"06'59" East, 201.84 feet, and
North 88019'11" West, 204.86 feet to a point; thence
South 04056'32" West, 270.52 feet to the northwest comer of Lot 63 of Levi Landing Second
Addition as platted and recorded in the Lane County Oregon Plat Records, said northwest comer
also lying on the southerly boundary of said Tract A; thence
Along the boundaries of said Tract A the following courses:
South 88053'01" East, 170.34 feet,
South 24030'58" West, 151.85 feet,
Southeasterly along a 120.00 foot radius curve to the right 16.55 feet through a central angle
of 07054' 12", the chord of which bears South 69026'08" East, 16.54 feet, and
South 65029'02" East, 5.50 feet, returning to the point of beginning.
Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 1 of3
Page 5 of 5
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Recorded at the request of and
after recording return to:
Branch Engineering
310 5th Street
Springfield OR 97477
True consideration for this conveyance is $ i.
PRIV ATE ACCESS EASEMENT
Know all persons by these presents, that Brian K Gesik, Cheryl Gesik, Robert D. Ridge, Amy D.
Ridge, Brandon L Parks, Jamie K. Parks, Eldon Shaw and Laura L Shaw, hereinafter referred to
as the Grantors, do hereby grant, bargain, sell and convey unto Brian K Gesik, Cheryl Gesik,
Robert D. Ridge, Amy D. Ridge, Brandon L Parks, Jamie K Parks, Eldon Shaw and Laura L
Shaw, hereinafter referred to as the Grantees, a non-exclusive, perPetual, appurtenant easement,
together with the right to go upon said easement area hereinafter described for purposes of
private access over, under, and upon the following described property:
SITUATED in the Southeast 1/4 of the Southeast 1/4 of Section 27, Township 17 South, Range
2 West of the Willamette Meridian and described as follows:
BEING a variable width strip of land across Tract A of Levi Landing 2nd Addition Replat as
platted and recorded in the Lane County Oregon Plat Records and Lot 63 of Levi Landing 2nd
Addition as platted and recorded in the Lane County Oregon Plat Records, the boundaries of said
strip being more particularly described as follows:
BEGINNING at the northwest comer of Lot 66 of said Levi Landing 2nd Addition; THENCE
along the line common to said Tract A and Lots 66 through 63, inclusive, of said Levi Landing
2nJ Addition South 88053'01" East, 388.55 feet to a point; THENCE ieaving said common line
South 30000'00" East, 24.56 feet to a point on the east boundary of said Lot 63; THENCE along
said east boundary South 24030'58" West, 128.94 feet to the northern margin of Jacob Lane;
THENCE along a 120.00 foot radius curve to the right in said northern margin through a central
angle of 07054' 17" for an arc length of 16.56 feet with a chord bearing South 69026' I 0" East
and a chord length of 16.54 feet to a point of tangency; THENCE along a tangent line in said
northern margin South 65029'02" East, 5.50 feet to the most southerly southeast comer of said
Tract A; THENCE along the eastern boundary of said Tract A North 24030'58" East, 20926
feet to a point on a line lying parallel to and 45.00 feet northerly, by perpendicular measurement,
of the aforesaid common line; THENCE along said parallel line North 88053'01" West, 45328
feet to a point lying on the northerly extension of the western boundary of said Lot 66;
THENCE along said northerly extension South 01045'49" West, 45.00 feet to the point of
beginning.
The above easement is not in gross, but is appurtenant to and for the benefit of those lands
described in Exhibit A of that Property Line Adjustment Deed I of 3 recorded on
,2010 as Reception Number 2010- in the Lane County
Oregon Official Records, described in Exhibit B ofthat Property Line Adjustment Deed 2 of3
recorded on ,2010 as Reception Number 2010-
in the Lane County Oregon Official Records, described in Exhibit B of that Property
Line Adjustment Deed 3 of3 recorded on ,2010 as Reception Number
2010- in the Lane County Oregon Ofticial Records and Lot 66 of
Levi Landing 2nd Addition as platted and recorded in the Lane County Oregon Plat Records.
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 easement area,
including the agents, employees, tenants, and invitees of said owners.
The cost of any maintenance or repair of the driveway improvements within the easement area
and outside the 22.00 foot public pedestrian access easement granted by the Jacob Lane - Ruff
Park Public Pedestrian Access Easement and Maintenance Agreement recorded on September 5,
2001 as Reception Number 2001-057998 in the Lane County Oregon Official Records shall be
split equally between the owners of the benefitted property. Following any such rn_Aeoe'ived:
OCT - 6 2010
PRIVATE ACCESS EASEMENT
Page I of2
Original Submittal
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repairs, the surrounding area shall be returned to equivalent or better condition than before said
maintenance or repairs.
To have and hold the above easement by the said Grantees, their successors and assigns forever.
Dated this
2UfL
day of
Je;lw~
,2010.
GRANTORS & GRANTEES:
~\C--
Brian K. Gesik
~c
Che 'Gesik/
STATE OF OREGON )
County of Lane )SS
On 5e/~Jw vrv, 2010 personally appeared the above named Brian K.
Gesik and Cheryl Gesik and acknowledged the foregoing to be their ct and deed.
"=
OFFl~IAL SEAL
.CHRlSTOPHER t.)lIN CHRISTENSEN
, NOTARY PGdLlC - OREGON
. COMMISSION NO. 433709
gX'a;""
Brandon 1. Parks
~~~r~
ST ATE OF OREGON
)
County of Lane )SS
On ~ 6 I 2010 , 2010 personally appeared the above named Brandon 1.
Parks an~J~ie K. Parks and acknowled~ed tk:egOing to b~ their voluntary act and deed.
. """'^'"" '- (j ()
_. . ... ROBIN 0 PARKS . U ~ VJV"% ~
,... -.:
\. ..-' NOTARY PUBLIC. OREGON .
..... .... COMMISSION NO. 432228 Notary Public for Oregon
MY COMMISSION EXPIRES OCTOBER 13, 2012
~v_~
Robert D. Ridge
fl h'1~ is WfL
Amy D. dge
STATE OF OREGON )
County of Lane )SS
yu l L{- , 2010 personally appeared the above named Robert D.
d Am'\dF.Idl..idgl<J@ ac wledged the foregoing to be their voluntary act and deed.
SABl'1JNA J VAN BEEN EN
NOl ARY PUBLIC-OREGON
COMMISSION NO 443993 () 0 "r ..... ID /I.
MYCOMMISSIONEXPlIlESNOVEM8ER3,2013 _~_ J...I ~ ~
Notary Public r Oregon
/f}r2cY1 <sA a~ ;-
Eldon Shaw
dio-w",- .....l
Laura 1. Shaw
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County of Lane )SS
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On '. -t<-i-t-...-' U .-- , 2010 personally appeared the above named Eldon Shaw
and Laur 1. Shaw and acknowledged the foregomg to be their voluntary act and deed.
~\!G~uVol&~eived:
Notary Public for Oregon OCT - 6 2010
STATE OF OREGON
. OFFICIAl seAL
WilliAM K ROBINETTE
NOTARY PUBLIC - OREGON
COMMISSION NO. 443653
r.tfc:o.t.tSSlOllElCl'lRESOCT30.2013
PRN A TE ACCESS EASEMENT
Page 2 of2
Original Submittal
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Division of .f Depuly Cle,.k ~nnA.~Q~AM '\
Lane Counly Deeds and Reco,.ds 'UU~ UQ'~~Q
1111111111111111111111111111111111111111111111111 $26.00 I
00637487200400824980010014 10/25/2004 02:29:33 PM
RPR-DEED Cnl=1 Sln=7 CASHIER 06
$5.00 $11.00 $10.00
BERJAC OF OREGON
P.O. BOX 726
EUGENE, OR 97440
Grantor's Name and Address
ELD,ON SHA WA ? L
~",C;d-..!> -eo N
__ Sp..../.."'lf',~~, oR. <?7V;;1
Grantee's Name and Address
After recordina return to:
EVERGREEN LAND TITLE CO.
P.O. BOX 931
SPRINGFIELD, OR 97477
Until a change is requested, all tax statements shall be
sent to tile foUowing address.
SAME AS GRANTEE
11-02 - 3'-1 - II 1U<7-lQO
TITLE NO. ELT46392
ESCROW NO. SI'04-17492
TAX ACCT. NO. 1722535
MAP NO. 1702341115400
WARRANTY DEED. STATUTORY FORM
~NIDUALORCORPORATIOM
KNOW AU MEN BY THESE PRESENTS, That BERJAC OF OREGON and THOMAS K. DEAN, trustee of
JAMES A PAULSON REVOCABLE LNING TRUST, dated October 7th, 1998
hereinafter called granlor, for the consideration hereinafter stated, to granlor paid by
ELDON SHAW and LAURA 1. SHAW, hushand and wife and SAMUEL HARRISON and JULIE HARRISON,
hushand and wife and BRANDON L. PARKS and JAMIE K. PARKS, husband and wife and ROBERT D.
RIDGE and AMY D. RIDGE, husband and wife
hereinafter called granlee, does hereby grant, bargain, sell and convey unto the said grantee and granlee's heirs,
successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging
or appertaining, situated in the County of LANE and State of Oregon, described.a~fo!lowJ,t?:~it:
TRACT "A", LEVI LANDING 2ND ADDmON, REPLAT OF LOTS 59,60,61,62 AND 67,
AS FILED AND RECORDED MARCH 29, 2004, RECEPTION NO. 2004-021855, OFFICIAL
RECORDS OF LANE COUNTY, OREGON
,
To lIave and to Hold the same ul/Jo the said gruntee and gruntee~s heirs, successors and assigns forever.
And said gramor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is
lawfully seized in fee simple of the above granted premises, free from all encumbrances except
2004-2005 Real Property Taxes, a Lien now due and payable.
Subject to any and all easements, restrictions and covenants of record
and that grantor will warrant alld forever defend the said premises and every part and parcel thereof against the lawful
claims and demands of all persons whomsoever, except tllose claiming under the above described encumbrances.
Tile true and actual consideration paid for this transfer,. stated in terms of dollars, is $ 6,000.00.
.However, tire actual consideration consists of or includes otller property or value given or promised which is (the
wllole/part of the) consideratioll (indicate which). · (Tile sentence between the symbols., if not applicable sllould be
deleted. See ORS 93.030.)
III construing this deed and where the context so requires, the singular includes the plural and all grammatical cllanges
sllall be implied to make the provisions lIereof apply equally to corporations and to individuals.
If! Witness Whereof, the grantor has executed this instrument this Oc tober 2S day of October 25
20 ~ if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto
by order of its board of directors.
THIS INSTRUMENT WIL
LAND USE LAWS
TO Tim PRO :ry S
USES AND TO TE
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSfRUMENT IN VIOLATION OF APPLICABLE
ULATlONS. B GNING OR ACCEI'I'ING THIS INSfRUMENT, THE PERSON ACQUIRING FEE TITLE
D CHECK ITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
ANY TS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN OKS 30.930.
?/
, Michael Holcomb,
CL~
Partner
Sf ATE OF OREGON, COUNTY OF I.tt/l//t.-
)ss.
THIS INSfRUMENT WAS ACKNOWLEDGED BEFORE ME ON Oe. 7/),Bl/L .J<.~
THOM K. DEAN, trust.. JAM A PAULSON REVOCABLE LIVING TRUSf, dated
" / Michael Holcomb, as
, 20 ~ BY BERJAC OF OREGON and
October 7th, 1998
'Partner cf:
My commission "pires: .f -i j-tJ 7
Date Received:
. 0 ICIALSEAL
SHAWNA LOYD
i NOTARY PUBLIC-OREGON
/ COMMISSION NO. 371443
MY COMMISSION EXPIRES AUGUST 11. 2007
.~=
OCT - 6 20ID
Original submittal
-
'. . ~RT,ffI RECORDING RETU~a
. FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF OREGON
800 WILLAMETrE ST., #500
EUGENE, OR 97101
/
Division of Ch~ Deputy Clerk
Lene County Deeds and Records
ZOJO.OZ9~~O
RECORDI.NG REQUESTED BY:
Fidelity National Title Company of Oregon
11111111111111 11111111111111111111111111111111111 $47.00
01156170201000295400020020
06/24/2010 11:04:54 ~M
RPR-DEED Cnt=1 Stn=1 CASHIER 05
$10.00 $11.00 $16.00 $10.00
GRANTOR'S NAME:
Samuel Harrison and Julie Harrison, as tenants
by the entirety
11-02--31.\-1\ iL \SLtoo
GRANTEE'S NAME:
Brian Kirk Gesik and Cheryl Reiko Gesik,as
tenants by the entirety
SEND TAX STATEMENTS TO:
Brian Kirk Gesik and Cheryl Reiko Gesik,as
tenants by the entirety
6718 Jacob Lane
Springfield, OR 97478
AFTER RECORDING RETURN TO:
Brian Kirk Gesik and Cheryl Reiko Gesik
6718 Jacob Lane
Springfield, OR 97478
Escrow No: 4610015656-FTEUG03
Tax Act #1722535
Springfield, OR 97478
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Samuei Harrison and Julie Harrison, as tenants by the entirety, Grantor, conveys and warrants to
Brian Kirk Gesik and Cheryl Reiko Gesik,as tenants by the entirety
Grantee, the following described real property free of encumbrances except as specifically set forth
herein:
Tract "A", LEVI LANDING 2ND ADDITION, REPLAT OF LOTS 59, 60, 61, 62 AND 67, as platted
and recorded March 29, 2004, Reception No. 2004-021855, Official Records of Lane County,
Oregon.
-
ENCUMBRANCES: Rights off the public, easements, reservations, covenants, conditions and
restrictions of record, if any.
THE PURPOSE OF THIS DEED IS TO CONVEY THE INTEREST OF SAMUEL HARRISON AND JULIE
HARRISON TO THE ABOVE NAMED GRANTEE ONLY.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER. ORS 195,300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND
SECTIONS 2 TO 9 AND 17, CHAPTER 655, OREGON LAWS 2009. THIS INSTRUMENT DOES 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 THAT THE UNIT OF
LAND 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 ORS 30.930, AND TO INQUIRE 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
ii, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009.
The true consideration for this conveyance is $2,000.00.
Dated ...k.:..J:1.1 0
Date Received:
OCT - 6 2010
Original Submittal
\ It l'S6CjCp \J (b
.,
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.
.
State of OREGON
COUNTY of Lane
li 's' stru ent was a wledged before me on
b u I and Julie Harrison
~/ \L,20JIL
M omml sian expires:
Notary Public - State of Oregon
~\
. OfIFICIAlSl!Al.
V1C1ClE LIAUGIIlr'N
. NOTARY PUI1UC. OAeGON
COt.tMlSSION NO. 410818
/l'f COMMlil$IQN EXPiRES ~C. .18, 2010
Date Received:
OCT - 6 2010
Original Submittal
',.
.
.
--- ~--- ---------------~----...
DI~islon of Chief Depuly Clerk 2M1-'15799~
Lane Counly Deeds and Records ~~ "V
\111U\l\11'1 m\I""""\ \11\\1\'\ "\1\\ Ill' 11\ $56.00
0021056820010057998006006909/05/200102:51:12 PM
RPR-ESMT Cnl=2 Sln=6 CASHIER 05
$5.00 $30.00 $10.00 $11.00
TL 17-02-11-3200
File 75, Slides 1152 - 1155
Levi Landing, 2nd Addition
..
Declarant/Grantor: Thomas K. Dean, Trustee, James A. Paulson Trust
Grantee: Willamalane Park and Recreation District
After recording return to' Recording charges shall be paid by
Willamalane Park & Recreation Dist. Thomas K. Dean, Trustee
200 S. Mill Street James A Paulson Trust
Springfield, OR 97477 2121 Franklin Blvd., Suite 5
Eugene, OR 97403
JACOB LANE - RUFF PARK
PUBLIC PEDESTRIAN ACCESS EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
1. Declarant: This Public Pedestrian Access Easement is granted by Thomas Dean in his
capacity as Trustee of the James A. Paulson Trust ("Grantor"), to Willamalane Park and
Recreation District ("Grantee").
2. Subject Property: Grantor is owner of fee title to the real property described as LEVI
LANDING SECOND ADDITION ("Levi Landing Second Addition") as shown on
Exhibit "A," attached hereto and incorporated herein, which is a diagram entitled "Levi
Landing 2nd Add. Public Improvements Site Plan and Utility Plan."
3. Purpose: This instrument establishes a 22-foot-wide nonexclusive access easement for
pedestrian and nonmotorized vehicular ingress and egress to and from Ruff Park, owned
and operated by Grantee, from Jacob Lane across the open space and conservation area of
Levi Landing 2nd Addition, as shown on Exhibit "A."
4. Consideration: The consideration for this easement is other than monetary and includes
the parties' compliance with the terms and conditions of Levi Landing Second Addition
Amended Subdivision Decision and the Springfield Development Code.
WITNESSETH:
NOW, THEREFORE, in consideration of the foregoing recitals, which are expressly made a
part of this declaration, the undersigned hereby declares as follows:
GRANT AND DECLARATION OF EASEMENTS: There is hereby declared and conveyed
from Grantor to Grantee a nonexclusive public easement for pedestrian, nonmotoEiJ.ae~eeeived:
OCT - 6 2010
Page -I Jacob Lane-Ruff Park Pedestrian Access Easement nj62601
Original Submittal
.
.
and maintenance and emergency vehicle access, ingress and egress from Jacob Lane to Ruff Park
as shown on Exhibit "A" and as more particularly described in "Exhibit B - Levi Landing 2n1
Addition, Pedestrian Access Easement," attached hereto and incorporated herein.
1.
The property crossed ("burdened") by said easement is the conservation and open space
area shown on Exhibit "A" and more particularly described on Exhibit "C," attached
hereto and incorporated herein.
2.
The property served ("benefited") by said easement is Ruff Park, owned and operated by
Grantee and more particularly described on Exhibit "D," attached hereto and incorporated
herein.
3.
Said easement is not personal or in gross, but is appurtenant to each and every portion of
the property benefited.
4.
Said easement is perpetual and shall run with the properties herein described and shall be
binding on and inure to the benefit of the parties hereto, their heirs, successors, or as.igns.
5.
Said easement is made for the purpose of complying with the Springfield Development
Code regarding the division or partition of land or any other development of land. As
such, the City of Springfield shall also have the right and standing to secure judicial
recognition and enforcement of the rights granted by this Declaration, and this easement
shall not be affected or negated by title or the merger of title of the dominant and servient
properties in a common owner.
6.
Grantor shall at all times, and without restriction, have the right to use the easement for
purposes not inconsistent with this easement, the underlying land use permits, applicable
regulations, and applicable restrictions of record.
7.
Upon acceptance and recording hereof by the District, the Grantor shall construct an
accessway thereon in accordance with applicable city standards for such accessways and
in accordance with the City of Springfield Hearings Official's August 9,2000 Amended
Decision of Tentative Subdivision Approval (Appeal # 1999-06-0144), hereinafter
"Tentative Plat Approval," and shall grade and seed landscaped portions upon
completion.
8.
The District shall provide liability insurance substantially equivalent to the insurance it
carries on Ruff Park.
9.
The District shall, at its own expense, diligently inspect, maintain and repair the easement
and accessway thereon as needed to remove debris or other flow barriers and to maintain
the path, signs, fencing, and vegetation within the easement, and may use motorized
equipment for such purposes.
10.
The easement created hereby shall be exercised in a manner consistent with \U1!:llc:alie .
local, state, and federal regulations and permits and with all other condition~eIVed:
OCT - 6 2010
Page - 2 Jacob Lane-Ruff Park Pedestrian Access Easement .j62601
Original Submittal
.
.
and restrictions of record, inc! uding but not limited to the conservation easement for the
Levi Landing 2nd Addition conservation and open space area and the supplemental
declaration of conditions, covenants, and restrictions for Levi Landing 2nd Addition, both
of which are recorded concurrently with this declaration.
II. lbis easement is for the benefit of and may be enforced only by the District, Levi Landing
Homeowners Association, Declarant, or the City of Springfield. The parties agree that
disputes should be resolved by collaboration and mediation where reasonably possible but
that such efforts shall not be a precondition to judicial relief. In the event of litigation,
the prevailing party shall be entitled to its reasonable attorney fees on trial and appeal.
IN WITNESS WHEREOF, the undersigned being the Developer and Declarant herein, has
e1 ~'sitrum.~ntthiS J.ct dayof 8~ ~'~o~~~~ _
_. . OFfiCIAL SEAL
. u'" V~ DEN(~IS WARTENBEE
Thomas K. Dean, in his capacity as trustee , i NOTARY PUBLIC. OREGON
Of h J A P I T .... ..' COMMISSION NO. 321949
t e ames . au son rust MY COMMISSION EXPIRES APR. 16, 20113
~'"
ACCEPTANCE: The conveyance set forth in this instrument conveying title or interest to
Willamalane Park and Recreation District is hereby approved and the title or interest conveyed
herein is hereby accepted, including maintenance and repair responsibilities as set forth therein.
WiJlamaIane Park and Recreation District
. '-:>- e
"'-L~-1 .\ ~
Blake Hastings, President
~.~
Robert W. Keefer, Sec
"'=
. OFFICIAL SEAL
DENNIS WARTENBEE
'. ; NOTARY PUBLIC. OREGON
-..-' COMMISSION NO. 321949
MY COMMISSION EXPIRES APR. 16. 2003
:~-,.,.
On (. (?- <j (D L, personally appeared the above- amed Thomas K. Dean in his capacity as
Trustee tor the James A. Paulson Trust and acknowl gel the foreg i. to his oluntary act
and deed. .
ACKNOWLEDGMENTS
STA IE OF OREGON
County of Lane
)
)
ss
,. --.~~~~
. --.' OFFICIAL SEAL
DENNIS WARTENBEE
NOTARY PUBLIC. OREGON
COMMISSION NO. 321949
STATE OF 0 MYC MISS,GN 'S'S;RES APR. 16,2GG3
~ss.......:"
County of Lane )
On It, /J? 10 I , personally appeared the above-named Blake Hastings and Robert W.
Keefer4n'their capacities as President and Secretary Willamalane Park and Recreation
District ~daCkn:wI:dge:th::e::i,:g .:ccePtan~ B their ~Ol n, G and d.eed.
';,' .' : . . 'OFF.CI"LSEAL t otarypu~h?forOr~gon Date Received'
~.. DENNIS WARTENBEE My cornnusslOn expires: 111 ilo Zdi--:3' .
f\ .} c~~~~W~~~I~O~~~1~~9 7 ) OCT 6 20
' MYCOMM"S,O~ EXPIRES APR. 16.2OG3 - 10
I.~~..<~...,.a-.~~~-:..~~:~
Page - 3 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
otary public for Oregon '
y commission expires: f;/If;/f.J
/ I
Original Submittal
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EXHffiIT A
PEDESTRIAN
ACCESS EASEMENT
e... ~....
LEVI lANDING 2ND. ADD.
PUBLIC IMPROVEMENTS
SITe Pt....N AND UTilITY PLAN
aPRlNGI'IELD, OREaON
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EXHmlT B
PEDESTRIAN
ACCESS EASEMENT
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, Tl7S, R2W, WM, from which the NW comer of said Donation Land Claim No. 48
bears N88019'05"W 935.85 feet, thence leaving said north line S I o06'59"W 197.51 feet
to a point; thence S24"30'57''W 228.79 feet to a point; thence along the arc ofa 120.00
foot radius curve to the right (the chord of which bears S69"26'00"E 16.54 feet) 16.55
feet to a point; thence N24030'57"E 232.21 feet to a point; thence Nl o06'59''E 201.85
feet to a point on the north line of said Donation Land Claim No. 48; thence along said
north line N88019'05"W 22.00 feet to the point of beginning, in Lane County, Oregon
Date Received:
OCT - 6 2010
Original Submittal
.
.
.
, .
-
EXIllBIT C
TO PEDESTRIAN ACCESS EASEMENT:
LEVI LANDING
CONSERVATION EASEMENT AREA
Beginning at a point from which the NW comer of the William Y. Miller Donation Land
Claim No. 48, T17S, R2W, WM, bears NI o45'50"E 424.43 feet and N88019'05"W
349.80 feet, thence S88053'OI"E 105.00 feet to a point; thence along the arc ofa 77.00
foot radius curve to the right 60.48 feet (the chord of which bears N68040'26"E 58.94
feet) to a point; thence NI045'50"E 53.00 feet to a point; thence S88053'OI"E 300.00 feet
to a point; thence SI045'50"E 53.00 feet to a point; thence S88053'OI"E 8.42 feet to a
point; thence along the arc of a 127.00 foot radius curve to the right 51.87 feet (the chord
of which bears S77011'02"E 51.51 feet) to a point; thence S65"29'02"E 48.00 feet to a
point; thence N24"30' 58"E 53.00 feet to a point; thence S65029'02"E 455.48 feet to a
point; thence N33018'27"W 675.97 feet to a point on the north line of said D.L.e. No. 48;
thence along said north line N88019'05''W 614.55 feet to a point; thence S I045'50"W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal
:..)
.
.
~
,
Division 0' Chle' Depuly Clsrk
Lane County Deeds and Records
2~01.~i~9
1111111111111111111111111111111111111111111111111 $56,00
00210572200100579990040048
09/05/2001 02:51:12 PM
RPR-ES"T Cnt=4 Sln=6 CASHIER 05
$15.00 $20.00 $10.00 $11.00
TL 17'()2-11-3200
File 75, Slides 1152 - 1155
Levi Landing, 2"' Addition
Levi Landing 2nd Addition-Drainage, Slope, Maintenance and Access Easements
Declarant/Grantor: Thomas K. Dean, Trustee, James A. Paulson Trust
After recording return to Recording charges shall be paid by
Thomas K. Dean, Trustee Thomas K. Dean, Trustee
James A. Paulson Trust James A. Paulson Trust
2121 Franklin Blvd., Suite 5 2121 Franklin Blvd., Suite 5
Eugene, OR 97403 Eugene, OR 97403
GRANT OF PRIVATE EASEMENTS
FOR DRAINAGE, SLOPE, MAINTENANCE AND ACCESS:
LEVI LANDING SECOND ADDITION
REeIT ALS:
1. Declarant: The private easements for drainage, slope, maintenance, and' access described herein
are declared and granted by Thomas Dean in his capacity as Trustee of the James A. Paulson Trust
("Grantor"), to the City of Springfield and the Levi Landing Homeowners' Association, an Oregon
nonprofit corporation.
2. Subject Property: Grantor is owner of fee title to the real property described as LEVI LANDING
SECOND ADDITION (Levi Landing Lots 34-113).as platted and recorded in File~, Slides
).152 - 1155 , Lane County Plat Records ("Levi Landing Second Addition") and as shown on
Exhibit "A," attached hereto and incorporated herein, which is a diagram entitled "Levi Landing
2nd Add. Public Improvements Site Plan and Utility Plan."
3. Purpose: This instrument establishes private easements for drainage, slope, maintenance and
access as shown on Exhibit" A" hereto and on the final plat recorded concurrently.
4. Consideration: The consideration for this easement is other than monetary.
WITNESSETH:
NOW, THEREFORE, in consideration ofthe foregoing recitals, which are expressly made a part of this
declaration, the undersigned hereby declares as follows:
1. GRANT AND DECLARATION OF EASEMENTS: There are hereby declared and conveyed
from Grantor to Grantee the nonexclusive private easements for drainage, slope, maintenance and
access as shown on Exhibit "A" and as more particularly described in "Exhibit B - Levi Landing
2nd Addition, Pedestrian Acce~s Easement," attached heretn and incorporated herein.
Date Received:
Page - I Levi Landing 2'" Addition - Drainage, Slope, Maintenance and Access Easements aj62601
OCT - 6 2010
Original Submittal
.
.
2. The property crossed ("burdened") by said easements is, as to each easement, that part of Levi
Landing Second Addition occupied by the easement as shown on Exhibit" A"
3. The properties served ("benefitted") by said easements are Lots 34-133 of Levi Landing as shown
on Exhibit "A.
4. Said easements are not personal or in gross but are appurtenant to each and every portion ofthe
properties benefitted.
5. Said easements shall run with the properties herein described and shall be binding on and inure to
the benefit of the parties hereto, their heirs, successors, or assigns.
6. Said easements are made for the purpose of complying with the Springfield Development Code
regarding the division or partition of land or any other development of land. As such, the City of
Springfield shall also have the right 'and standing to secure judicial recognition and enforcement of
the rights granted by this Declaration, and these easements shall not be affected or negated by title
or the merger of title of the dominant and servient properties in a common owner.
7. Grantor shall at all times, and without restriction, have the right to use the easements for purposes
not inconsistent with the easement and other applicable restrictions of record.
8. The maintenance and repair of said easements shall be the responsibility of Grantor until such time
as responsibility therefore is assumed by the Levi Landing Homeowners Association.
9. The easements created hereby shall be exercised in a manner consistent with applicable local,
state, and federal regulations and permits and with all other conditions, easements, and restri::tions
of record, including but not limited to the conservation easement for the Levi Landing 2"d Addition
conservation and open space area and the supplemental declaration of conditions, covenants, and
restrictions for Levi Landing 2"d Addition recorded concurrently with this declaration.
IN WITNESS WHEREOF, the undersigned being the Developer and Declarant herein, has executed this
i~ryl~aYof /::; ,2001. .
. - ~"2-t-t..,a'
THOMAS K. DEAN, IN IDS CAPACITY AS TRUSTEE
OF THE .JAMES A. PAULSON TRUST
".' . " '^I SEAL
. DEN",i~ WA.HTENBEE
'. NO' JU-'V PulklC OREGON
\.. . ...' COII.MViIS~:ON NO. 321949
- M.... r.UMMt~.';;,-lN tXPIAES APR. 16, 2003
ACKNOWLEDGMENT
STATE OF OREGON)
) ss.
County of Lane )
On b-~?~ / , personally appeared the above-named Thomas K. Dean in his capacity as Trustee
for the James A. Paulson Trust and and acknowledged the fOreg?~~
~UbliCfororeg~n . A "-r
My commission expires' OU-..J
te Received:
Page - 2 Levi Landing 2,d Addition - Drainage, Slope, Maintenance and Access Easements O~f~06 2010
Original Submittal
.
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LEVI LANDING 2ND. ADD.
PUBLIC IMPROVEMENTS
SITE Pl...... AHD UTlUTY PLAN
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&PRING.FIa.D. OREGON
Original Submittal
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Exhibit B - Grants of Private Easements
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, TI 78, R2W, WM, from which the NW comer of said Donation Land Claim No. 48
bears N88019'05"W 935.85 feet, thence leaving said north line 81006'59''W 197.51 feet
to a point; thence 824DJO'57"W 228.79 feet to a point; thence along the arc ofa 120.00
foot radius curve to the right (the chord of which bears 869"26'00''E 16.54 feet) 16.55
feet to a point; thence N24030'5T'E 232.21 feet to a point; thence Nio06'59''E 201.85
feet to a point on the north line of said. Donation Land Claim No. 48; thence along said
north line N88019'05"W 22.00 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal
.
.
"
FILE 75, SLIDES 1152 - 1155
,
Division of Chief Depuly Clerk
Lane County Deeds and Reco~ds
2~~1.~~~~~2
1111111111111111111111111111111111111111111111111 $66.00
00210580200100580020090094 09/05/200\ 02 :5\: \2 PM
RPR-ESMT Cnl=1 Sln=6 CASHIER 05
$45.00 $10.00 $11.00
A portion ofTL 17-02-34-11-3200
Conservation Easement
Declarant: Thomas K. Dean, Trostee, James A. Paulson Trost
After recording return to
Thomas K. Dean, Trustee
2121 Franklin Blvd. Suite 5
Eugene, OR 97403
Recording charges shall be paid by
Thomas K.. Dean, Trustee
2121 Franklin Blvd.. Suite 5
Eugene. OR 97403
DECLARATION OF CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT and restrictive covenant (hereinafter "easement") is
granted, made and declared made this _day of 2001 by Thomas K. Dean, Trustee, James A.
Paulson Trust ("Declarant"), for the benefit of the Levi Landing Homeowners Association,
owners of Levi Landing 2nd Addition lots (Lots 57-67), portions of which are within the Property
subject to this easement, Willamalane Park and Recreation District, the City of Springfield, and
Rural Thurston, Inc.
RECITALS:
A. Declarant is the sole owner in fee simple of certain real property in the City of Springfield,
Lane County, Oregon, more particularly described in Exhibit A attached hereto and incorporated
by this reference (the "Property");
B. The Property is part of Levi Landing, a residential subdivision under development by
Declarant. The third phase of the subdivision, Levi Landing Second Addition ("Levi 2nd,,) is
currently awaiting final subdivision plat approval. A copy of the proposed final plat is attached
hereto as Exhibit "Rn The Property is tht; area within the plat which is north ofthe ""No-Fill
and No-Build Line" and within the Eugene-Springfield Metro Urban Growth Boundary as shown
on Exhibit B. Part of the Property is within the boundaries of the northern tier of residential lots
in Levi 2nd, and part is in a separate nonresidential tract or tracts reserved for pedestrian park
access, flood passage, open space, passive recreation, and bioswales. Before or after final plat
approval, Declarant expects to convey all or part of the nonresidential tract(s) to Willamalane
Parks and Recreation District together with the two residential lots (Lots 62 and 63) on either
side of the pedestrian access leading from Jacobs Lane to Ruff Park, all as shown on Exhibit B,
subject to this easement and other requirements of the tentative plat approval.
Page - 1 Levi Landing Conservation Easement
Date Received:
ajdd62901
OCT - 6 2010
Original Submittal
.
.
C. The consideration for this easement is other than money.
D. The purposes of this grant of easement are:
(I) To preserve and protect the conservation values of the Property in perpetuity.
(2) To assure that the Property remains unobstructed by structures so that flood
waters can move over it freely.
(3) To provide a transitional buffer between residential uses to the south and parle
uses to the north.
(4) To provide for bioswale treatment of stormwater runoff from the subdivisior.
before it reaches stream channels.
(5) To implement requirements of (a) the City of Springfield's August 9, 2000
Tentative Plat Approval (Springfield Planning Department Jo. No. 199-06-0144.
August 9, 2000, hereinafter "Tentative Plat Approval") which requires that the
area north of the No-Fill and No-Build line be made subject to a conservation
easement;
(6) To implement Paragraphs 3 and 8 of the April II ,2000 Mediation Settlement
Agreement, which provide as follows:
"3. Propertv North of the No Fill-No Build Line
"A. The [James A. Paulson] Trust shall restrict the lots in the portion of the
subdivision land north of the 'no fill-no build' line with a conservation easement
placing covenants on the property, which includes a specification that the area is
reserved for open space and/or public recreation, with the exception that the Trust
may use such land for stormwater treatment as described in Paragraph 5. The
Trust may sell portions of this land to Willamalane Park and Recreation District
or provide similar protection for its retention as open space. The easement shall
prohibit further fill. storage, and construction of any buildings or structures, with
the following exceptions:
"(i) An at -grade pedestrian public access to Ruff Park as described in
Paragraph 8 below.
"(ii) Fencing, which may electrified, but shall consist of no more than 2 strands
of smooth wire no larger than 12 gauge on posts no closer than 30 feet.
Play structures not permanently anchored.
Picnic tables, picnic furniture, and other picnic accessories not
permanently anchored."
"B. The covenants of the easement shall specifically prohibit all other fencing
north of the No Fill-No Build Line. They shall also prohibit livestock. The
covenants of the easement shall benefit each lot owner in the Levi Landing
Subdivision First Addition, the Levi Landing First Addition Homeowner's
Association, Rural Thurston, Inc., the City of Springfield, and Willamalane Park
and Recreation District. The easement shall provide that each of these parties
may seek enforcement of the provisions of the easement including but not limited
"(iii)
"(iv)
Page - 2 Levi Landing Conservation Easement
ajdd62901
Date Received:
OCT - 6 2010
Original Submittal
.
.
to specific enforcement through injunctive relief and also provide for the award of
attorney fees in the event that enforcement is necessary. The Trust shall consult
with Rural. Thurston, Inc. and City in the drafting of the easement."
Paragraph 8 provides as follows:
"8. Willamalane Access Issues.
"A. Maintenance and emergency. The Trust shall provide suitable non-public
vehicular access to Ruff Park, including access for maintenance and emergency
vehicles to meet the needs of Willamalane. Such access shall be designed to be
shared with the Gosslers (dba Cold Spring Property ILC).
"B. Pedestrian Access. The Trust shall also dedicate a 20-foot wide public
pedestrian access to Willamalane, and shall post no trespassing signs along the
boundary of the private property surrounding it. The Trust shall negotiate with
Willamalane Park and Recreation District as to the responsibility for and the type
of surface required on the pedestrian access. The Trust may include in its
subdivision process a request for a variance to allow a non-paved surface. The
neighbors shall support such a request."
E. There is one Levi Landing Homeowners Association for all phases of Levi Landing.
NOW, THEREFORE, in consideration of the above and the covenants, terms, conditions, and
restrictions contained herein, and pursuant to the laws of Oregon and in particular Oregon
Revised Statutes Chapter 271, Declarant hereby voluntarily grants, makes and declares a
conservation easement and restrictive covenant in perpetuity over the Property for the benefit of
the Levi Landing Homeowners Association, owners of Levi Landing 2nd Addition Lots 57-67,
Willamalane Park and Recreation District, the City of Springfield, and Rural Thurston, Inc., of
the nature and character and to the extent hereinafter set forth.
1. Nature and Purpose. It is the purpose of this easement to assure that the Property will be
retained in its open space condition and to prevent any use of the Property that will significmtly
impair or interfere with the conservation values of the Property. Declarant intends that this
easement will confine the use of the Property to such activities, consistent with the Tentative Plat
Approval'and Mediation Agreement referenced above. Nothing contained herein shall be deemed
to be a gift or dedication of any part of the Property to the general public or for the general public
or for any public purpose whatsoever. The easement granted herein is appurtenant and not in
gross.
2. Rights of Beneficiaries. To accomplish the purpose of this easement the following rights are
granted to Beneficiaries by this Easement:
(1) To preserve and protect the conservation values of the Property;
(2) To enter upon the nonresidential tract portion of the Property at reasonable times
in order to monitor compliance with and otherwise enforce the terms of this
Page - 3 Levi Landing Conservation Easement
Date Received:
ajdd62901
OCT - 6 2010
Original Submittal
.
.
Easement; provided that such entry shall be upon prior reasonable notice to
Declarant or its successor, and Beneficiaries shall not unreasonably interfere with
Declarant's use and quiet enjoyment of the Property; and
(3) To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this
Easement is prohibited. Without limiting the generality of the foregoing, the following acti\'ities
and uses are expressly prohibited, except insofar as specifically authorized herein:
(4) Further fill, other than that which is necessary to meet berm and bioswale
requirements of the tentative and final plat approvals.
(5) Storage, including storage sheds, barrels, garden sheds and the parking of motor
homes, trailers, and recreational vehicles.
(6) Placement, replacement, or construction of buildings and structures, except <is
specifically provided herein.
(7) Campgrounds.
(8) Permanently-anchored play structures.
(9) Fencing, except as expressly permitted herein.
(10) Raising or pasturing livestock.
(II) Uses and activities prohibited by or inconsistent with the Declaration of
Covenants, Conditions and Restrictions and provisions for Storm Water in
Common Area for Levi Landing (Original Declaration) recorded October 29,
1997, as Document No. 9773716, Lane County Department of Deeds and
Records, and all supplemental declarations thereto.
4. Permitted Uses. The following activities and uses are permitted on the subject property:
(12) Open space, recreation, and park uses not involving permanent or attached
structures.
(13) Unpaved trails and pathways. An at-grade pedestrian and emergency vehicle
public access to Ruff park may be paved if required to meet city standards.
(14) Lawns, gardens, and landscaping not involving above-ground structures or fIow-
impeding vegetation.
(15) Pastures, orchards, row crops, and other nonstructural farm uses.
(16) Light fencing, which may electrified, but shall consist of no more than 2 strands of
smooth wire no larger than 12 gauge on posts no closer than 30 feet.
(17) Play structures picnic tables, picnic furniture, and other picnic accessories not
permanently anchored.
(18) Stormwater treatment in accordance with the August 11, 2000 tentative
subdivision approval and the final plat to be recorded pursuant thereto.
5. Reserved Rights. Except as otherwise provided herein, Declarant reserves to itself and to its
successors and assigns all rights accruing from ownership of the Property, including but not
Date Received:
Page - 4 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original submittal
.
.
limited to the following:
1. Declarant and successor owners of residential lots shall retain the right to the'
exclusive use of and access to and across their lots, subject only to applicable
utility, drainage, slope, or maintenance easements, and may post and fence their
lots with the light fencing permitted herein.
2. Declarant and successor owners of the open space tract shall retain the right to the
exclusive use of and access to and across that tract, subject only to other
applicable access, utility, drainage, slope, or maintenance easements, and may
post and fence the tract with the light fencing permitted herein.
6. Notice ofIntention to Undertake Certain Permitted Actions. Whenever notice to
beneficiaries is required hereunder or under other covenants or permits referenced herein,
Declarant or its successor shall notify beneficiaries hereof in writing not less than 20 days prior
to the date Declarant or its successor(s) intend to undertake the activity in question. The notice
shall describe the nature, scope, design, location, timetable, and any other material aspect of the
proposed activity in sufficient detail to permit said beneficiaries to make an informed judgment
as to its consistency with the purpose of this Easement.
7. Approval. Where approval is required under Paragraph 6 hereof, beneficiaries entitled to
notice under said Paragraph 6 hereof shall grant or withhold approval in writing within 15 days
of receipt of written request therefor. Approval may be withheld only upon a reasonable
determination that the action as proposed would be inconsistent with the purpose of this
Easement.
8. Remedies. If a beneficiary determines that Declarant or its successor is in violation of the
terms of this Easement or that a violation is threatened, said beneficiary may give written notice
to Declarant or its successor of such violation and demand corrective action sufficient to cu.-e the
violation and, where the violation involves injury to the Property resulting from any use or
activity inconsistent with the purpose of this Easement, to restore the portion of the Property so
injured. If Declarant or its successor fails to cure the violation within thirty (30) days after
receipt of notice thereof, or under circumstances where the violation cannot reasonably be wred
within a thirty (30) day period, fail to begin curing such violation within the thirty (30) day
period, or fail to continue diligently to cure such violation until finally cured, said beneficiary
may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms
of this Easement, to enjoin the violation, to recover damages, to require restoration or mitigation.
A beneficiary's remedies described in this paragraph shall be cumulative and shall be in addition
to all remedies now or hereafter existing at law or in equity. If any legal proceeding is
commenced for the purpose of interpreting or enforcing any provision of this Agreement, the
prevailing party in such proceeding shall be entitled to recover a reasonable attorney's fee in such
proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law.
Prior to pursuing a legal proceeding to enforce or interpret this Agreement, the parties shall first
attempt to mediate their differences, provided, however, this shall not prevent a party from
seeking a stay or other injunction relief, or from filing or perfecting an appeal, pending such
Date Received:
Page - 5 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original Submittal
.
.
mediation.
9. Third-party enforcement rights. This easement, including the remedies provided in
Paragraph 8, benefit only the specified beneficiaries hereof, which are: Levi Landing
Homeowners' Association, a non-profit corporation; owners of Levi Landing 2nd Addition lots
(Lots 57-67), portions of which are within the Property subject to this easement; the City of
Springfield; Willamalane Park and Recreation District; and Rural Thurston, Inc.
10. Acts Beyond Declarant's Control. Nothing contained in this Easement shall be construed
to entitle a beneficiary hereof to bring any suit or action against Declarant for any injury to or
change in the Property resulting from causes beyond Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Declarant
under emergency conditions to prevent, abate, or mitigate significant injury to the Property
resulting from such causes.
11. Maintenance. The owner of fee title to the Property is responsible upkeep and maintenance
of the underlying property.
12. Recording. Declarant shall record this instrument in timely fashion in the official records of
Lane County. Oregon.
13. Construction and Severability. If any provision of this easement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the provisions of thi~
easement, or the application of such provision to persons or circumstances other than those as to
which it is found to be invalid, as the case may be, shall not be affected tbereby. If any provision
in this instrument is found to be ambiguous, an interpretation consistent witb the purpose of this
easement that would render the provision valid shall be favored over any interpretation that
would render it invalid.
14. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect
to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the Easement, all of which are merged herein. .
15. Successors. The covenants, terms, conditions, and restrictions of this Easement shall
continue as a servitude running in perpetuity with the Property.
16. Amendment. The subject easement and other terms of this instrument may only be modified
with the written approval of the Declarant, Willamalane Park and Recreation District, the Levi
Landing Homeowners' Association, the City of Springfield, and Rural Thurston, Inc., or their
successors. To be effective such approvals must be acknowledged and recorded pursuant te the
law of the State of Oregon.
17. Termination of Rights and Obligations. Declarant's rights and obligations under this
Date Received:
Page - 6 Levi Landing Conservation Easement
ajdd6290 1.
OCT - 6 2010
Original Submittal
.
.
.' '
Easement tenninate upon transfer of the Easement or Property, except that liability for acts Dr
omissions occurring prior to transfer shall survive transfer.
IN WITNESS WHEREOF Declarant, in his capacity as Trustee for the Paulson Trust, has set
his hand as of the day and year set forth above.
DECLARANT
Thomas K. Dean, Trustee
for the James A. Paulson Trust
7L l2 ~7~~ ..re'~
ACKNOWLEDGMENT
~~
. OFFICIAL SEAL '
. ' DENNIS WARTENBEE
\ / NOTARY PUBLIC. OREGON
'.' COMMISSION NO 3
MY COMMISSION EXPIRfS'AP~~~~~o,
STATE OF OREGON
)
)
County of Lane )
On 6/ ~ ,2001, personally appeared the above-named Thomas K. Dean and
acknow Ie ged he foregoing to be his voluntary act and deed in his capacity as trustee for the
James A. Paulson Trust. ~ ~
~t()&
olary Public for Oregon , /
My Commission Expires ?/t( '!.3
ss.
Date Received:
Page - 7 Levi Landing Conservation Easement
ajdd62901
ocr - 6 2010
Original Submittal
.
.
EXHmIT A
LEVI LANDING
CONSERVATION EASEMENT AREA
Beginning at a point from which the NW comer of the William Y. Miller Donation Land
Claim No. 48, Tl7S, R2W, WM, bears Nl045'50"E 424.43 feet and N88019'05"W
349.80 feet, thence S88053'0 I"E I 05.00 feet to a point; thence along the arc of a 77.00
foot radius curve to the right 60.48 feet (the chord of which bears N68040'26"E 58.94
feet) to a point; thence Nl045'50''E 53.00 feet to a point; thence S88053'01"E 300.00 feet
to a point; thence SI045'50''E 53.00 feet to a point; thence S88053'01"E 8.42 feet to a
point; thence along the arc ofa 127.00 foot radius curve to the right 51.87 feet (the chord
of which bears S77011 '02"E 51.51 feet) to a point; thence S65"29'02"E 48.00 fuet to a
point; thence N24030'58''E 53.00 feet to a point; thence S65"29'02"E 455.48 feet to a
point; thence N33018'27"W 675.97 feet to a point on the north line of said D.L.C. No. 48;
thence along said north line N88019'05"W 614.55 feet to a point; thence SI045'50"W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal
,
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lEV I LANDING 2ND. ADD.
PUBLIC IMPROVEMENTS
SITE PLAN AND UTlLIT' PLAN
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.
.
SCHEDULE A
Fidelity National Title InsuranCe Company
BOO Willamette Street, Suite 500
Eugene, OR 97401
File No.
Policy No.:
Address Reference:
Amount of Insurance:
Premium:
Date of Policy:
4609012202-FTEUG03
27-031-06-191399
6718 Jacob Lane, Springfield, OR 9747B
$342,700.00
$1,036.00
December 2, 2009 at 02:46 PM
1. Name of Insured:
Brian K. Gesik and Cheryl Gesik
2. The estate or interest in the Land that is insured by this policy is:
A Fee
3. Title is vested in:
Brian K. Gesik and Cheryl Gesik, as tenants by the entirety
4. The Land referred to in this policy is described as follows:
See Schedule C Attached Hereto
Date Received:
OCT - 6 2010
Original Submittal
FDQR0225.rcfW
Oregon TiUe Insurance li:amg Organlz:aticn (OTlRO)
Polley Valid Only If Schedule B is Attached OTlRO No.p e>-04
Americe.n Land TitJa Association
AL T A Ow""", Policy (6-17-20061
.
.
SCHEDULE B
File No. 4609012202-FTEUG03
Polley No. 27-031-06-191399
This policy does not insure against loss or damage, and the Company Will not pay costs, attorneys' fees, or expenses that
arise by reason of:
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
inspeelion 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, encumbrance, violation, variation, or adverse circumstance affecting the Tille that would be
disclosed by an accurate and complete land survey of the Land, The term "encroachment" includes
encroachments of existing improvements located on the land onto edjoining land, and encroechments onto the
land of existing improvements located on adjoining land.
5. Any lien for services, labor or material heretOfore or hereafter furnished, or for contributions due to the State of
Oregon for unemployment compensation or wor1<e(s compensation, Imposed by law and not shown by the Public
Records.
SPECIFIC ITEMS AND EXCEPTIONS:
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tracUptat;
Purpose: No fill and no building line
Affects: Southerly 60 feet
7. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tracl/plat;
Purpose: Public drainage and access
Affects: Southeasteriy 20 ieet
8, Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication. on the map of said IractJplal:
Purpose: Slope easement and private drainage maintenance
Affects: Southerly portion of said lot
9. Restrictions, but omitting restrictIons, if any, based upon race, coior, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin, ancestry, or source of incOme, as set forth in applicable
state or federal laws, except to the extent that said restriction is permitted by applicable law, as shown on that
certain ptat
Name of Plat: levi Lending Second Addition
FDOR0227.raw
Date Received,;ogan T;Ue Ins"nonee Raling O'9onOostion rOTIROI
OTIRO NO.P 0-04
American Land Title Associalion
OCT- 6 2010 ALTA Owners PoHcy (6.17-200S) .
Original Submittal
.
.
File No. 4609012202-FTEUG03
Policy No. 27.031.06-191399
SCHEDULE B
(Continued)
10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted 10: Cold Springs Property, LLC
Purpose: Access
Recording Date: October 9.1997
Recording No: 9768897
11. Covenants, conditions, restrictions and easements but omilling any covenants or restrictions, if any, including but
not limited to those based upon race. color, religion. sex. sexual orientation, familial status, marital status,
disability, handicap, nalional origin, ancestry. or source of income. as set forth in applicable stale or federellaws,
except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document
Recording Date: October 29, 1997
Recording No: 9773716
Amemjment(s)/Modification(s) of said covenants, conditions and restrictions
Recording Date: September 5, 2001
Recording No: 2001-058001
12. Liens and charges as set forth in the above mentioned declaration,
Payable to: Levi Landing Homeowne(s Association
13. By-laws of levi Landin9 Homeowner's Association
Recording Date: October 29. 1997
Recording No: 9773717
14. Matters contained in that certain document
Entitled: Jacob lane - Ruff Park Public Pedestrian Access Easement and maintenance Agreemenl
Recording Date: September 5, 2001
Recording No: 2001-057998
Reference is hereby made to said document for full particulars,
15. Mailers contained in that certain document
Entitled: Grant of Private Easements for Drainage. Slope. Maintenance and Access: Levi Landing Second
Addition
Recording Date: September 5, 2001
Recording No: 2001-057999
Reference is hereby made to said document for full particulars.
Date Received:
and Recording Oete: December 23, 2003
and Recording NO.:2 003-122330
OCT - 6 2010
Original Submittal
FDOR0227.rdw
Oregon TiUa Il1Qurance Rating OrgsrUuticn (OTIRO)
OTIRO NO,P ()-{)4
Ametican land Title ASSOdation
ALTA Qwno(s PoI;cy (&-17.2000)
.
SCHEDULE B
(Continued)
File No. 4609012202-FTEUG03
Policy No. 27-031-0&-191399
16. Matters contained in that certain document
.
Entitled: Concurrence in Easements, Grants and Declaralions for Levi Landing Second Addition
Recording Date: September 14. 2001
Recording No; 2001-060188
Reference is hereby made to said document for full particulars.
17. Matters contained in that certain document
Entitled: Declaration and Grant of Privale Easements for Setback, Maintenance and Access: Levi Landing Second
Addition
Recording Date; March 27, 2003
Recording No: 2003-027019
Reference is hereby made to said document for fuil particulars.
18. Easement(s) for the purpose(s) shown below and rights incidental thereto. as granted in a document:
Granted to; Eldon Shaw. Laura I. Shaw. Samuel J. Harrison, Julie L. HarriSOn, Brandon L. Parks, Jamie K. Parks
Robert D. Ridge and Amy D. Ridge
Recording Date: November 30, 2009
Recording No: 2009-066012
Affects: See document for full particulars
19. A deed of trust to secure an indabtedness in the amount shown below,
Amount:$ 274,160.00
Dated: November 30, 2009
Trustor/Grantor: BMan Kir1< Gesik and Cheryl Reiko Gesik
Trustee: First American Title Insurance Company
Beneficiary: Bank of AmeriCa. N.A.
Loan No.: 0852448245
Recording Date: December 2. 2009
Recording No: 2009-088726
FDOR0227.rdw
Date Received:
OCT - 6 2010
Original Submittal
Oregon TIUe Insuranc& AaLlng OrganiUtion (OTIRO)
OTIRO No.p 0-04
AmeOt;;anlant:l Tille A55ociBtson
AL T A Ownal"t Policy (B-' 7-2006)
.
.
SCHEDULE C
File No. 4609012202-FTEUG03
Policy No. 27-031-06-191399
The Land referred to in this policy is described as follows:
Lot 63, LEVI LANDING SECOND ADDITION, as platted and recorded in File 75, Slides 1152 Ihrough 1155 inclusive,
Lane County Oregon Plat Records, in Lane County, Oregon
Date Received:
OCT - 6 2010
Original Submittal
FOOR0226.rdw
Oregon Titre InSUfImC6 Ral.ing Organ~ion (OTIRO)
OT1RO No.P 0-04
American land Title Association
AL T A Owner'. Policy (6-17-2008)
.~1I11
...,
. .
Fidelity National Title Insurance Company
Policy Number:
27-031-06- 204201
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelil)' National Tille Insurance Compan)'
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B. AND THE CONDITIONS. FIDELITY NATIONAL TITLE INSURANCE COMPANY. a California corpora-
tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incun'ed by the Insured by reason of:
I. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Tille. This Covered Risk includes but is not limited to insurance againslloss
from
(a) A defect in the Title caused by
(i) forgery. fraud. undue inlluence. duress. incompetency. incapacity. or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance:
(iii) a document affecting Title not properly created. executed, witnessed, sealed. acknowledged, notarized, or deliv-
ered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law:
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed. recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by l~l\v: or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(e) Any encroachment, encumbrance, violation. variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im-
provements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and From the Land.
5. The violation or enforcement of any law. ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting. regulating, prohibiting. or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character. dimensions, or location of any improvement erected 011 the Land:
(c) the subdivision of land: or
(d) environmental protection
Date Received:
OCT - 6 2010
Original Submittal
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
[;r'\O~" '), (I'll (It.; It.;/(\O\
~ T T~ r'\".___'_ n_,:_.. r<C. " (It:,
6.
An enforcement action based on.exercise of a governmental police power not !,red by Covered Risk 5 if a notice of
the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7.
The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land. is recorded in the
Public Records.
8.
Any taking by a govemmcntal body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
Title being vested other than as stated in Schedule A or being defective
9.
(a) as a result of the avoidance in whole or in pan, or from a court order providing an alternative remedy. of a transfer of
all or any pan of the title to or allY interest in lhe Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted J fraudulent or preferential transfer under federal bankruptcy. state
insolvency, or similar creditors' rights laws: or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by rcason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees. and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF. FIDELITY NATIONAL TITI~E INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Fidelity National Title Insurance Company
By:
~g-fMj Al[),M~ 1-
)/ ^"o,",
)~'\.
~
ATTEST
Countersigned:
~dcL //~YtJvl(l
.--.-- ----~-
Secretary
Date Received:
Authorized Signature
OCT - 6 2010
Original submittal
FORM 27.03t-06 (6108)
ALTA Owner's Policy (6-17-06)
'.
.
.
.~1I111
"
Fidelity National Title of Oregon
3007 North Delta Highway #206, Eugene, OR 97408
(541)345-3660 FAX (541)345-3678
Brian Kirk Gesik and Cheryl Reiko Gesik
6718 Jacob Lane
Springfield, OR 97478
Enclosed please find:
( X) Policy
Other:
FIDELITY NATIONAL TITLE OF OREGON
Date Received:
Letter (Owner's Policy)
FDORQ451.rdw
ocr - 6 2010
Original Submittal
.
.
SCHEDULE A
Fidelity National Title Insurance Company
800 Willamette Street, Suite 500
Eugene, OR 97401
File No.
Policy No.:
Address Reference:
Amount of Insurance:
Premium:
Date of Policy:
4610015656-FTEUG03
27 -031-06-204201
Tax Act #1722535, Springfield, OR 97478
$2,000.00
$200.00
June 24, 2010 at 11 :04 AM
1. Name of Insured:
Brian Kirk Gesik and Cheryl Reiko Gesik
2. The estate or interest in the Land that is insured by this policy is:
A Fee
3. Title is vested in:
Brian Kirk Gesik and Cheryi Reiko Gesik, as tenants by the entirety
4. The Land referred to in this policy is described as follows:
See Schedule C Attached Hereto
Date Received:
OCT - 6 2010
Original Submittal
FDOR0225.rdw .
Oregon Tille Insurance Rating Organizatioo (OTIRO)
Policy Valid Only If Schedule B is Attached OTIRO No. PO-04
American Land Title Association
ALTA Owner's Policy (6.17~2006)
.
.
SCHEDULE B
File No. 4610015656-FTEUG03
Policy No. 27-031-06-204201
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
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, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
5. Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of
Oregon for unemployment compensation or worke~s compensation, imposed by law and not shown by the Public
Records.
SPECIFIC ITEMS AND EXCEPTIONS;
6. City Liens, if any, in favor of the City of Springfield. None found as of June 2, 2010.
7. Any adverse claim based upon the assertion that;
a) Said Land or any part thereof is now or at any time has been below the highest of the high
watermarks of Cedar Creek in the event the boundary of said Cedar Creek has been artificially raised
or is now or at any time has been below the high watermark, if said Cedar Creek is in its natural
state.
b) Some portion of said Land has been created by artificial means or has accreted to such portion so
created.
c) Some portion of said Land has been brought within the boundaries thereof by an avulsive
movement of Cedar Creek, or has been formed by accretion to any such portion.
8. The rights of the public and governmental bodies for fishing, navigation and commerce in and to any portion of the
Land herein described, lying below the high water line of the Cedar Creek.
The right, title and interest of the State of Oregon in and to any portion lying below the high water line of Cedar
Creek.
9. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the plat of said property.
Purpose:
Affects:
Public utilities, private and public drainage and access easements and incidental purposes
As shown on plat
10. No-Fill & No-Build Line as shown on the recorded plat.
Date Received:
OCT - 6 2010
Oregon Title Insurance Rating Organization (OTJRO)
OTIRO No. PO-04
American Land Title Association
ALTA Owners Policy (6-17-2006)
FOOR0227.rdw
Original Submillal
.
.
File No. 4610015656-FTEUG03
Policy No. 27-031-06-204201
SCHEDULE 8
(Continued)
11. Covenants, conditions and restrictions, as shown on the plat of levi landing 2nd Addition.
Reference is made to said document for full particulars.
12. Conditions, restrictions and easements, (deleting therefrom any restrictions indicating any preference, limitations,
or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the
document.
Recorded: October 29,1997, #9773716
Said document has been amended by instrument
Recorded:
September 5, 2001, #2001-058001.
13. Liens, assessments and charges as set forth in the above mentioned declaration, payable to levi landing
Homeowner's Association.
We find no unpaid assessments as of the date hereof.
14. By-laws of levi landing Homeowner's Association,
Recorded:
October 29, 1997, #9773717.
15. Jacob lane - Ruff Park Public Pedestrian Access Easement and Maintenance Agreement, including the terms and
provisions thereof,
Recorded:
September 5, 2001, #2001-057998
16. Private Vehicular Access Easement, including the terms and provisions thereof,
Recorded:
September 5, 2001, #2001-058000
17. Declaration of Conservation Easement, including the terms and provisions thereof,
Recorded:
September 5, 2001, #2001-058002
18. Concurrance of Easements, Grants and Declarations for levi landing 2 Addition, including the terms and
provisions thereof,
Recorded:
September 14, 2001, #2001-060168
19. Reciprocal easements, for the purpose(s) shown below and rights incidental thereto as created by the following
document:
Document: Reciprocal Easement
Executed by: Eldon Shaw, et al
Purpose: Extension of the backyard and common use of the exisling gravel roadway
Recording Date: November 30, 2009
Recording No: 2009-066012
Date Received:
Original Submittal
Oregon Title Insurance Rating Organizatioo (OTJRO)
OTIRO No. PO.04
American Land Title Association
ALTA Owner's Policy (6-17-2006)
OCT - 6 2010
FOOR0227.rdw
.
.
SCHEDULE C
File No. 4610015656-FTEUG03
Policy No. 27-031-06-204201
The Land referred to in this policy is described as follows:
Tract "A", LEVI LANDING 2ND ADDITION, REPLAT OF LOTS 59, 60, 61, 62 AND 67, as platted and recorded March 29,
2004, Reception No. 2004-021855, Official Records of Lane County, Oregon.
Date Received:
OCT - 6 2010
FDOR0226.rdw
Original SUbmittal
Oregon Title Insurance Rating Organization (OT1RO)
OTIRO No. PO-04
American Land Title Association
AL TA Owners Policy (6-17-2006)
.
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THIS MAP IS FURNISHED AS A CONVENIENCE BY MID-WILLAMETTE VALLEY TITLE_GROu.e
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This sketch is I1l3de solely for the purpose of assisting in locating said premses and -w
the COrllJany aSSUnl3S no liability for variations: if any, in diroonsions and location ascertained by actual survey
OCT - 6 2010
MAP # 17 02 341115400 000
Original Submittal
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Date Received:
OCT .. 6 2010
Original Submittal
.
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FOR ASSFSSMFNT
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Date Received:
OCT - 6 2010
Original Submittal
17 02 34 11
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.
EXCLUSIONS FROM COVERAGE.
The following maUers are expressly excluded frOIll the coverage of this policy, and the Company will not pay loss or damage. costs, attorneys' fees, or expenses that arise by rease
of:
(a) Any law, ordinance, permit. or governmemal regulation (including those rel2ting (0 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. ordin;mccs. Of governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided und,
Covered Risk 5.
(b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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 10 the Insured Claimant and no! disclosed in writing to the Compan
by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(cl resulting in no loss or damage to the Insured CI<limant:
(d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tille.
Any claim. hy reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws. that the transaction vesting the Title as shown in Schedul
A.is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated ill Covered Risk 9 of this policy. n~tg, Qg,ceived:
Any lien on the Title for real estate (axes or assessments imposed by governmental authority and created or attaching beP\!fe~n'tfat~ 6t'1>Oiicy and the date of recordin;
of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
I.
2.
J.
4.
5.
CONDITIONS
OCT - 6 2010
I. DEFINITION OF TERMS
The following tenns when used in this policy mean:
(a) "Amount of Insumnce": The amount stated in Schedule A. as may be in-
creased or decreased by endorsement to this policy. increased by Section
8(b), or decreased by Sections lO and I l of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity"; A corporation. partnership. trust. limited liability company, or
other similar legal entity.
(d) "Insured"; The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as dis-
tinguished from purchase, including heirs. devisees. survivors,
personal representatives. or next of kin:
(8) successors to an Insured by dissolution. merger. consolidation.
distribution, or reorganization:
(C) successors to an Insured by its conversion to another kind of
Entity:
(0) a grantee of an Insured under a deed delivered without payment
of actual valuable consideration conveying the TItle
(I) if the stock, shares. memberships. or other equity interests
of the grantee are wholly-owned by the named Insured.
(2) if the grantee wholly owns the named Insured.
0) if the grantee is wholly-owned by an affiliated Entity of
the named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person
or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created
by a written instrument estahlished hy the fnsured n~lllled
in Schedule A for estate planning purposes.
(ii) With regard to (AJ. (8). (Cl. and (D) n:serving. however. all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(t) "Knowledge" or "Known"; Actual knowledge. Ilot constructive knowledge
or notice that may be imputed to an Insured by reason of the Public Records
or any other records that impart constructive notice of matters affecting the
Title.
(g) "Land": The land described in Schedule A. and affixed improvements that
by law constitute rea! propel1y. The term "Land" does not include any prop-
erty beyond the lines of the area described in Schedule A. nor any right.
title. interest. estate. or easement in abutting streets. roads. avenues. alleys,
lanes, ways. or waterways, but this does not modify or limit the extent that
a right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage. deed of trust. trust deed. or other security instru-
ment. inCluding one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state st,ltutes at Date of Policy
for the purpose of imparting constructive notice of tm.llIers relating to real
property to purchasers for v<.llue and without Knowledge. With respect to
Covered Risk 5(d). "QriginaJn~~J1il1'tSi'lIclUue environmental pro
teetian liens filed in the records of the clerk of the United States Distric
Court for the district where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarkelilblc Title": Title affected by an alleged or apparent matter tha
would permit a prospective purchaser or lessee of the Title or lender on thl
Title to be released from the obligation to purchase, lease. or lend if there i~
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor 01
an Insured. but only so long as the Insured retains an estate or interest in the Land, 01
holds an obligation secured by a purchase money Mortgage given by a purchaser from
the tnsured, or only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shall not continue in force in
favor of any purchaser from {he Insured of either (i) an estate or interest in the Land, or
{ii} an obligation secured by a purchase money Mortgage given to the Insured.
J. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 5(a) or these Conditions. (ii) in case Knowledge shall come to an
Insured hereunder of any claim of title or interest that is adverse 10 the Title. as insured,
and that might cause loss or damage for which the Company may be liable by vinue of
this policy, or (iii) if the Title. as insured. is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the insured Claimanllo provide prompt notice.
the Company's liability to the Insured Claimant under the policy shall be reduced (Q
the extent of the prejudice.
4. PROOF OF LOSS
[n the event the Company is unable to determine the amount of loss or damage. the
Company may, at its option, require as a condition of payment that the Insured Claimant
furnish a signed proof of loss. The proof of loss must describe the defect. lien.
encumbrance. or other maller insured against by this policy that constitutes the basis of
loss or damage and shall state. to the extent possible. the basis of calculating the amount
of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured. and subject to the options contained in
Section 7 of these Conditions, the Company. at its own cost and without
unreasonable delay. shall provide for the defense of an lnsured in litigation
in which any third party asserts a claim covered by this policy adverse to
the Insured. This obligation is limited to only those stated causes of action
alleging mailers insured against by this policy. The Company shall have the
right to select counsel of its choice (subject to the right of the [nsured to
object for reasonable cause) to represent the lnsured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees. costs, or expenses incurred
by the Insured in the defense of those causes of action that allege matters
(b)
not insured against by this policy. ,A
The Company shall have the right. in addit~(1 the options contained in
Section 7 of these Condition~, at it:; own cost, to institute and prosecute any
action or proceeding or to do any other acllhat in its opinion may be !leee.s-
safY or desirable to establish the Title, as insured. or to prevent or reduce
loss or damage to the lnsured. The Company may take any appropriate
acti0n under the terms of this policy, whether or no! it shall be liable lO the
Insured. The exercise of these rights shall not be an admission of liability
or waiver of any provision of this policy. If the Company exercises its
rights under this subsection, it must do so diligently.
Whenever the Company brings an action or asserts a defense as required or
permitted by this policy, the Company may pursue the litigation to a final
determination by a couri of competent jurisdiction. and it expressly reserves
the right, in its sole discretion, to appeal any adverse judgment or order.
(c)
6.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute
or provide for (he defense of any action or proceeding and any appeals, the
Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding. including the right to use, at its option,
the name of the Insured for this purpose, Whenever requested by the Com-
pany, the Insured, at the Company's expense. shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses. prosecuting 0['
defending the action or proceeding, or effecting settlement. and (ii) in any
other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Com-
pany is prejudiced by the failure of the Insured to fumish the required coop-
eration, the Company's obligations to the In~ured under the [lolicy shall
terminate, including any liability or obligation to defend. prosecute, or con-
tinue any litigation. with regard to the matter or matters requiring such co-
operation,
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath hy any authorized representative of the Company
and to produce fOf examination, inspection, and copying. at such reason-
able times and places as may be designated by the authorized representative
of the Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks,
tapes, and videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further. if requested by any au-
thorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of Ihe Company to
examine, inspect, and copy all of these records in the custody or control of
a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Com-
pany pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration
of the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or gran! permis-
sion to secure reasonably necessary information from third panies as re-
quired in this subsection. unless prohibited by law or governmental regula-
tion, shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following addi-
tional options:
(a) To Payor Tender Payment of the Amount of InSUrance.
To payor tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incuned by the In-
sured Claimant that were authorized by the Company up to the time of pay-
ment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obliga-
tions of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall temlina!e, including any li-
ability or obligation to defend, prosecute, or continue any litigation.
(b) To Payor Otherwise Settle With Panies Other Than the Insured or With the
Insured Claimant.
(il To payor Olherwise settle with other partics for or in the name of an
Insured Claimant any claim illsured againsl under lhis policy, In addi-
tion, the Company will pay any costs. attorneys' fees, and eXpeJlses
incurred by the Insured Claimant th::J.t were authorized by the Com-
pany up to the time of payment and that the Company is obligated to
pay: or
(ii) To pay 0, othecw,se senle with the Insuled Claimant the loss Ol dam-
age provided for under this policy, together with any costs, unorneys'
fees, and expenses incuned by the [nsured Claimant that were autho-
rized be Company up to the time of payment and that the Com
pany is obligated to pay.
Upon the exercise by the Company of either of the options provided for il
$ubsectiom (h)(i) or (iil. the Company's obligations to the Insured unde
this policy for the claimed loss or damage, other than the payments require(
to be made, shall terminate, including any liability or obligation to defend
prosecute, or continue any litigation.
8, DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damag(
sustained or incurred by the Insured Claimant who has suffered loss or damage b)
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this poliq
shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the valm
of the Title subject to the risk insured against by this poticy.
(b) If the Company pursues its rights under Section 5 of these Conditions and i~
unsuccessful in establishing the Title, as insured,
(i) the Am'ount of [nsurance shall be increased by 10%, and
(ii) the [nsured Claimant shall have the right to have the loss or damagf
determined either as of the date the claim was made by the Insurec
Claimant or as of the date it is sealed and paid.
(e) In addition to the extent or liability under (a) and (b), the Company will a]sc
pay those costs. atlOmeys' fees, and expenses incurred in accordance witt'.
Sections 5 and 7 of these Conditions
9, LIMITATION OF LIABILITY
(a) [f the Company establishes the Title, or removes the alleged defect, lien, 01
encumbrance, or cures the lack of a right of access 10 or from the Land, OJ
cures the claim of Unmarketable Title, all as insured, in a reasonably diligenl
manner by any method, including litigation and the complerion of any
appeals. it shall have fully performed its obligations with respect to thai
matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consell!, the Company shall have no liability for loss or dam-
age until there has been a final determination by a court of competent juris-
diction, and disposition of all appeals. adverse to the Title, as insured.
(cl The Company shall not be liable for loss or damage to the lnsured for liabil-
ity voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs. attorneys' fees,
and expenses, shall reduce the Amount of Insurance by the amount of the payment.
I l. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays
under any policy insuring a Mortgage to which exception is taken in Schedule B or to
which the Insured has agreed, assumed. or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount
so paid shall be deemed a payment 10 the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days,
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(3) Whenever the Company shall have settled and paid a claim under this policy,
it shall be subrogated and entitled to the rights of the Insured Claimant in
the Title and all other rights and remedies in respect to the claim that the
Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company.
If requested by the Company, the [nsured Claimant shall execute documents
to evidence the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or settle in
the name of the Insured Claimant and to use the name of the Insured Claimant
in any transaction or litigation involving these rights and remedies,
If a payment on account of a claim does not fully cover the loss of the
Ins~red Claimant. the Con:PA'~d~~~;Vp,cf!!S right to recover
untli after the [nsured ClallM~~M1 ~a~R~~ered":ts loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities. guaranties, ot~'i"'f1Clici~ 9hl'nsurance, or bonds,
notwithstanditlg any tenns or cotle'Wls ~MailM:f ~those instruments that
address subrogation rights,
Original Submittal
14. ARBITRATION .
Either the Company or the Insured may demand that {he claim or controversy
shall be suhmiued to arbitration pursuant (0 the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules. there
shall be no joinder or consolidation with claims OT controversies of other persons.
Arbitrable matters may include, but are not limited to. any controversy or claim between
the Company an"d the [nsured arising out of or relaling [0 this policy, :my service in
connection with its issuance or the breach of a policy provision. or to any other
COntroversy or claim arising out of the transaction giving rise to this policy. AI] arbilf<lbJe
matters when the Amount of Insurance is $2.000.000 or less shall be arbitrated al the
option of either the Company or Ihe Insured. All arbitrable mailers when the Amount
of lnsurance is in excess of $2,000,000 shall be arbilrated only when agreed to by both
the Company and the Insured. Arbitration pursuant to this policy and under the Rules
shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator{s)
may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any. attached to it by the
Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy. this policy shall be
construed as a whole.
(b) Any claim of loss or damage that arises out of the st3tus of the Title or by
aoy action asserting such claim shall be reslricted to this policy.
(C) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by Sched-
ule A of this policy.
Cd) Each endorsemenl to this policy issued a\ any time is made a part of this
policy and is subject to all of its tems and provisions. Except as the en.
dorsement expressly stales, it does not (i) modify any of the tems and pro-
visions of the policy, Oi) modify any prior endorsement. (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
L6. SEVERABLLlTY.
In the CVClll any provision of this policy. in whole or in pan, i... held invalid or
unenforceable under applicable law. the policy shall be deemed not to include that
provision or such part held to he invalid. hut all other provisions -"hal] remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges Ihe Company has underwritten
the risks covered by this policy and detemlined the premium charged therefor
in reliance upon the law affecting interests in real property and applicable
10 the interpretation, right.... remedies. or enforcement of policies of title
insurance of lhe jurisdiclion where the Land is located.
Therefore, the coun or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims against the
Tit]e that are adverse to the Insured and to inlerpret and enforce the terms of
this policy. ]n neither case shall the court or arbitrator apply its connicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the lnsured
against the Company must be filed only in a slate or federal court within the
United Slates of America or its territories h3ving appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statemenl in writing required to be
given 'to the Company under this policy must be given to the Company at
Fidelity National Tille Company
National Claims Administration:
P.O. Box 45023
Jilcksonville. Florida 32232-5023
Date Received:
OCT - 6 2010
Original Submittal
. ," . .
.
.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, Florida 32232-5023
Date Received:
OCT - 6 2010
Original Submittal
c. ..,
.~
.,..
'M:TEii' RECORDING RETURa
"?!DELlTY NATIONAL TITLE INSURANCE
COMPANY OF OREGON
800 WILLAMETTE ST., #500
EUGENE, OR 97401
.-02-~~-I\ 1V1(oa)
RECORDING REQUESTED BY:
Fidelity National Title Company of Oregon
GRANTOR'S NAME:
Julie L. Harrison and Samuel J. Harrison. as
tenants by the entirety
GRANTEE'S NAME:
Brian K. Gesik and Cheryl Gesik. as tenants by
the entirety
SEND TAX STATEMENTS TO:
Brian K. Gesik and Cheryl Gesik, as tenants by
the entirety
6718 Jacob Lane
Springfield, OR 97478
Escrow No: 4609012202.FTEUG03
,'-'-----'-"-,----
Division of ChlDf Depulv Clerk - 2^^~^ee'2~'~
Lane Counlv D..ds and Records UU~.Ugg OJ
1111I11 111111111I11111"" 11I111111I1111I11111 III $47.00
011177e62009006672e0020028
12/02/2009 02:46:40 PM
RPR-DEED Cnl=1 Sln=8 CASHIER 02
$10.00 $11.00 $16.00 $10.00
6718 Jacob Lane
Springfield. OR 97478
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Julie L. Harrison and Samuel J. Harrison, as tenants by the entirety
Grantor, conveys and warrants to
Brian K. Gesik and Cheryl Gesik, as tenants by the entirety
Grantee. the following described real property free of encumbrances except as speCifically set forth
herein:
Lo163. LEVI LANDING SECOND ADDITION, as platted and recorded in File 75. Slides 1152
through 1155 inclusive. Lane County Oregon Plat Records, in Lane County, Oregon
ENCUMBRANCES: Covenants, conditions, restrictions and easements of records
BEFORE SIGNING OR ACCEPTiNG THIS If'oJSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER SECTIONS 2, 3 AND 5 TO 22
OF CHAPTER 424, OREGON LAWS 2007 (BALLOT MEASURE 49 (2007)). THIS INSTRUMENT DOES
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 THAT THE UNIT OF
LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 OR 215010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, 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 SECTIONS 2, 3AND 5 TO 22 OF CHAPTER 424, OREGON LAWS 2007
(BALLOT MEASURE 49 (2007)).
The true consideration for this conveyance is $342,700.00.
Dated November 19, 2009; if a corporate grantor, it has ca
board of directors.
D~~~~d:
; ocr ~ S-iolO
O&Ptginal Submitlal---.d
15 B f'if-lJ-O r
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.
.
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State of OREGON
COUNTY of L C7'1,~
This instrument was acknowledged before me on
fr IV
,2Cf
by Julie L. Harrison and Samuel J. Harrison.
. OFFICIAl.SEAL
IIRBNOA 8 BITZ
." NOTAIlY P\JelJC. OAIQON
o~lE!!MM'88ION N(l, ~.
"""" S.lll'1(l~8Jl11.y~,20f3
, Notary Public - State of Oregon
My commission expires:
Date Received:
OCT - 6 2010
Original Submittal
.
( Division .Chlef Deputy Clerk
Lane County Deeds and Records
/
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8
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i-
BERJAC OF OREGON
P.O. BOX 726
EUGENE, OR 97440
Grantor's Name lUId Address
ELD,ON SHAW b L
,<",<;J.. ~A-c.o N
lit Sp "'1'./'1 flr,A~, Of(. 9 7 '17'J
Grantee's Name lU1d Address
~ERGRilNnlW TITLE CO.
P:O. BOX 931
SPRlNGFiELD, OR 97477
Until a change is requested, aU tax statements sholl be
sent to the f(lUowing address.
SAME AS GRANTEE
111111111111111111111111111111111111111111I111111 $26,00
00637487200400824980010014 10/25/2004 02:29:33 PM
RPR-DEED Cnt=1 Stn=7 CASHIER 06
$5.00 $11,00 $10.00
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TITLE NO. ELT46392
ESCROW NO. SP04-17492
TAX ACCT. NO. 1722535
MAP NO. 1702341115400
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL OR CORPORATION)
KNOW ALL MEN BY THESE PRESENTS, That BERJAC OF OREGON and THOMAS K. DEAN, trustee of
JAMESAPAULSONREVOCABLELIVlNGTRUST, dated October 7th, 1998
hereinafter called grall/or, for the consideration hereinafter stated, to grantor paid by
ELDON SHAW and LAURA 1. SHAW, husband and wife and SAMUEL HARRlSON and JULIE HARRISON,
husband and wife and BRANDON L. PARKS and JAMIE K. PARKS, husband and wife and ROBERT D.
RIDGE and AMY D. RIDGE, husband and wife
hereinafter called grantee, does hereby grant, bargain, sell and convey ull/o the said grall/ee and grall/ee's heirs,
successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging
or appertaining, situated in the County of LANE and State of Oregon, described./li! fo!lowJ.z.t~:~it:
TRACT "A", LEVI LANDlNG 2ND ADDITION, REPLAT OF LOTS 59,60,61,62 AND 67,
AS FILED AND RECORDED MARCH 29, 2004, RECEPTION NO. 2004-021855, OFFICIAL
RECORDS OF LANE COUNTY, OREGON
,
To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever.
And said grall/or hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grall/or is
lawfully' seized in fee simple of the above granted premises, free from all encumbrances except
2004-2005 Real Property Taxes, a Lien now due and payable.
Subject to any and all easements, restrictions and covenants of record
and that grantor will warrant and forever defend the said 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 tMs transfer, stated in terms of dollars, is $ 6,000.00.
'However, the actual consideration consists of or includes other property or value given or promised which is (the
whole/pan of the) consideration (indicate which). . (Tile sentence between the symbols., if not applicable s~lOuld be
deleted. See ORS 93.030.)
. In construing this deed and where the context so requires, the singular includes the plural and all grammaJical changes
s"all be implied to make the provisions hereof apply equally to corporations and to individuals.
In Witness Whereof, the grantor has executed this instrument this October 25 day of October 25 .
20 ~ if a corporate grantor, it has caused its nallle to be signed and seal affixed by its officers, duly authorized thereto
by order of its board of directors.
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TIDS INSTRUMENT IN VIOLATION OF APPLICABLE
ULATIONS. B GNING OR ACCEPTING TIDS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
D CHECK TH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
ANY S ON LAWSUITS AGAINST FARl\1ING OR FOREST PRACTICES AS DEFINED IN ORS 30,930.
Partner
Date Received:
BER.JAC OF OR
1/ c- f7au<ff~
THOMAS K. DEAN, trust.. of JAMES A PAULSON REVOCABLE LMNG TRUST
OCT - 6 2010
STATE OF OREGON, COUNTY OF faNI&-
Original Submittal
)ss.
HI Michael Holcomb, as
, 20 ~ BY BERJAC OF OREGON 8l1d
October 7th, 1998
Partn.
TIDS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Ol!. 7O.JltZ ds
TROM A PAULSON REVOCABLE LMNG TRUST, dated
My .onunission expi"" ,f--I!-I) 7
o ICIAL SEAL
SHAWNA LOVD
NOTARY PUBLIC-OREGON
COMMISSION NO. 371443
MY COMMIS SION EXPIRES AUGUST 11. 20~
...~~
J ~. ~ff~ RECORDING RETU~.
FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF OREGON
800 WILLAMETTE ST., #500
EUGENE, OR 97101
RECORDI.NG REQUESTED BY:
Fidelity National Titie Company of Oregon
~ Division 0' Ch. Deputy Clerk
Lane County Deeds and Raco~ds ~~l~.~~~~~~
11111I111I1111 1111I111I1111111 """"11I11111111 $47,00
01196170201000295400020020
RPR-DEED C t 1 St 1 06/24/2010 II :04:54 AM
" = n= CASHIER 09
$10.00 $11.00 $16.00 $10.00
GRANTOR'S NAME:
Samuel Harrison and Julie Harrison, as tenants
by the entirety
GRANTEE'S NAME:
Brian Kirk Gesik and Cheryl Reiko Gesik,as
tenants by the entirety
SEND TAX STATEMENTS TO:
Brian Kirk Gesik and Cheryl Reiko Gesik,as
tenants by the entirety
6718 Jacob Lane
Springfield, OR 97478
AFTER RECORDING RETURN TO:
Brian Kirk Gesik and Cheryl Reiko Gesik
6718 Jacob Lane
Springfield, OR 97478
Escrow No: 4610015656-FTEUG03
Tax Act #1722535
Springfield, OR 97478
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Samuel Harrison and Julie Harrison, as tenants by the entirety, Grantor, conveys and warrants to
Brian Kirk Gesik and Cheryl Reiko Gesik,as tenants by the entirety
Grantee, the following described real property free of encumbrances except as specifically set forth
herein:
Tract "A", LEVI LANDING 2ND ADDITION, REPLAT OF LOTS 59, 60, 61,62 AND 67, as platted
and recorded March 29, 2004, Reception No. 2004-021855, Official Records of Lane County,
Oregon.
ENCUMBRANCES: Rights off the public, easements, reservations. covenants, conditions and
restrictions of record, if any.
THE PURPOSE OF THIS DEED IS TO CONVEY THE INTEREST OF SAMUEL HARRISON AND JULIE
HARRISON TO THE ABOVE NAMED GRANTEE ONLY.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES 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 THAT THE UNIT OF
LAND 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 ORS 30.930. AND TO INQUIRE 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, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009.
The true consideration for this conveyance is $2,000.00.
Dated ..k..:J::t1 0
Date Received:
OCT - 6 2010
Original Submittal
\ It 66C)fp ~ Ib
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State of OREGON
COUNTY of Lane
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M omml sion expires:
NotarY Public - State of Oregon
~\O
.
MY
, 20lIL
OFFICIAl. SIAL
VlCKlELIAl~N
NOTARY PUeUC . OREGON
COMMlSSION NO. 410818
~ EXPIRESDEC..18, 2010
Date Received:
OCT - 6 2010
Original submittal