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HomeMy WebLinkAboutApplication APPLICANT 10/6/2010 . . . , 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 . . - - Associated A lications: -r:.. /10- 6/9:::1:>4 .J ~S- Case No.:T \\0- CDDO 3, c:, L> 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 , . . Signatures The undersigned aCknowledges that the information in this application is correct and accurate. Applicant: ~L-- -~ / // 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: \..../\ I ~ Signature ~ ,; ./ 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 . . OWNERS LIST AND SIGNATURES FOR 17-02-34-11 TL 15400 Brian K. Gesik and Cheryl Gesik 6718 Jacob Lane Springfield OR 97478 '~I~.. 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 ~AuL Eldon Shaw or Laura 1. Shaw '1-;1-;0 Date Date Received: OCT - 6 2010 Original Submittal I . . Property Line Adjustment Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. 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 ,.." Date Received: r....- .... ,......J . - ~ .:; \ ,..... I .. Lv. O. .~t 0.;!...",'-'- l ngiria., ..;;.U....,;j4..........;; Revised 1/1/08 Molly Markarian 4 of 4 . . . 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 . . 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 . . , 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 '" . . 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 '~I--- ~ . ~ Cheryl esik ' /-- - 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 ~J: u. (2-1-- 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 ~~~ 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 -, . . ~ 'A c v>>,) cuu Eldon Shaw ,/)'o.u.."-L- J. Laura 1. Shaw d/ \ ".)(,J< \ftlJ STATE OF OREGON ) County of Lane )SS , ~,., .,1 n ".hJ fl- 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 . Date Received: OCT - 6 2010 Original Submittal Property Line Adjustment Deed 1 of 3 Page 3 of5 .' . . 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 . . 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 " . . 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 i". . . 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 ~ ) County of Lane )SS ~I.. ~-~ 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 8 ~ l- f: ~ :5 z LU u.J c.c: '" c:c u.J cu ~ ~ I~ . ( 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 $2,000.00. Dated ...k.:..J:1.1 0 Date Received: OCT - 6 2010 Original Submittal \ It l'S6CjCp \J (b ., .. .~ ... t-'l,"""'" . . State of OREGON COUNTY of Lane li 's' stru ent was a wledged before me on b u I and Julie Harrison ~/ \L,20JIL M omml sian expires: Notary Public - State of Oregon ~\ . OfIFICIAlSl!Al. V1C1ClE LIAUGIIlr'N . NOTARY PUI1UC. OAeGON COt.tMlSSION NO. 410818 /l'f COMMlil$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 'I /,' /' :! I . ,: ir ~~'i " '" I: :;: iJ ~ ( I Ii' - I' 1'r:- ~ ~ I' I /J, i 1 W " . ::1 -.1 I I il , I ~ ' ,i i ., If: J I l I J' I ~ ~ ~ )1: ~ . .. , .:: : ~ i::: I,'tl . "~ .1U ~ "I: qil' ; ,Iilr' ,'''', ':1;. ~! ;! : i ?ii!i ;11'1'; :: : 11,,1 'Jr- Ijfl' ~ i il! i '!Iii 1.1' ::j: .' i:) r- ;il' j II i~__ I " I I . L-- i . -~ , " , . I [\ , s '. ,. ! .' ~I . . II ! , ; ~ , ! - ;j . " " ., Ii ' 'I 0, J, " " a=< II H. ;i l' i !e ; ~~~~8 t t. ~ t. = IO--Il VI ; ~ r ~ p - .' . ~ " ~ ~ , ~ 6 p" 0 Ii j ! ~ . ~ i ,I v- I! ! " . Date 'Recei e~: ."",.~ ~ HeR ~"1l 110 0 I ~ ij:" i; '. ,- ~i' ' "'_'_ .""_.,, I ....... ,..' -.."' ,. . . '.....,......!"" " ~ ,- ~" ...- 9, ~~ 1"Ol:: ,lr 'I ., i : - . ~ I ; . ~ t: i ,~ It:", ' ...- ""- ':. olitt-sr. ; i~~T2 ,I . 1~~ -' s" 'I: {~ , - , , /):: '" I ~:. .. ,- _._J , ..; ..':"::,i.. I, ii' . ,'j D~ & ::f.d , ~ ~ E i;: ; ~ , I! " i 'I , '(: (" ' ; 'I. ;' '; .:;: . --'\'i." ."=. " I! jl . i < --~ / / lilli, !" HI III II: ~ II !III i i i ! ! 13 g ~~ ~ ~ I i X i I ': ! 'i~ e c ! 'j.! ~ s: . ~ .. ~... " II ~ j ~ , . i' ~ , 1 i! i . ill .- ~ ---":"-, ~! Z~ ,. ...."', I; ~; ~ " !'Ii .' 'Ii ~ fill ,.,! .. ill ~ i ! ' I jll!!illll ~i~iij~~~S ildiiHH iii' I i! d 1 ~ ! :': ~ :: ~ . ! ~ ~ ;;:.. t ; -: . EXHffiIT A PEDESTRIAN ACCESS EASEMENT e... ~.... LEVI lANDING 2ND. ADD. PUBLIC IMPROVEMENTS SITe Pt....N AND UTilITY PLAN aPRlNGI'IELD, OREaON // " S, ;~ , . ., ,-, ,..-:::::,"-- ."/.....'''' /:..... '.....-:: "'- / '"" < OJ i~ ~~'" t :J ~ ~~ i: ; ~ @@~e . . 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 . ! I,' . d I": , I': t: . i~tli i: II :: ,: ",,\,.,_ ,_11.~,,-' ~ f. L t1tH . I' J'r= u'_, ':~~Z I It . 1'.( . 'h____ r: I . ;! i ~ I!i I "r~ ./i 'I'Y;-I I' 'I r .... ill i II, ~--'__1 , ': :1' '.: ; ~ \. '~, j: ~ - "~ . II ~ l ':1 _I :' I ! ~ '1;/ 'I j: ~~ i . .: I ~ ' \~ . f .J)' :'~ ~ " ::i. .~: I? ~ . j' /" '1'1; y :II~I!- : " . ':J: i it: ", " , ,"I " , " " l . i~ ' l-- .~ , " . I I I ,f~ ~\ 'V Ecw~ecei e~, : Z i! :II .... """""II I ')1'; ,...__ "..,.., ..~... ~.."" '--'''''' .t':.:.! - 0 . . , ~ . A -, ~ ~ , , ,,< j; ! i , @@!1J$ ! ; ~ 4 n t t e ~ ~ ;:;i II... ;! ?1 ~ ~ :>5.,;: _, ~ S ~ ~ Q I '. · - i; I i ~ ~ =- I .lI '" I! i , , I ~ , , " \ , , .\.' f\ I ! / ... . ._....A Exhibit A - Grants of Private Easements . . " 'r: ' '(;' ;: .' Ii \: ~, " I '-'<\:.:.~ -. . I " I " / -- ~ // -,- ~- ..- ..ll[ Ill, III II: ~ !! I ! I' i j !Il! II n , i l II ~ i j f 1 IIi ~~~~:::::i :"I~,!:~I ~ 1 :. ;; :. ,J . '} ~ .. :;; . n ~ 1 il:'~'-~h~~~ i ; ~ t ;! G i ~ i . "ll "- , ' lil.! IIi II .~ "1 a ~iol -!! 1;8 iI! ! I ; , i I -----, 'J t. .. ..... J'!""II" .!I!iPpl! .. f l l i 1 .. t t ~ f' ~ - 4 a.: ': . f j ,1,1,..d.! -' Il! <, . - , ." , 0 ( -~ --... ." ! .~" -~. .. ell c.~... .. ...,-. LEVI LANDING 2ND. ADD. PUBLIC IMPROVEMENTS SITE Pl...... AHD UTlUTY PLAN .... [>o><<Ip""ft" ....~.~, t.,~ ~._ &PRING.FIa.D. OREGON Original Submittal - ,.... ... . . 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 , , ." I:: :: I,: - -, 'J:t ~ ',- rl ;:;: " ~ :\ -I I ~ I L -.. _....# I' ;--"TDl-sr. _ i :;~m' :--'1 :.ipno-:- ! Ii i I .; 'I._~ i r ': I ~ '. . "1"'" .L<j I ,It; : :f! ,'-; '1~.8 :.1 '1'1 j I:i . 1lJ' '1' ..{ : i ; ;i! i;~ '. !'.: :: 1'-- , " ; : ~ : ,,, .:. ':11' ,,' ':" ;:; ,:1 " ILL-._ 'ff .. 'ji '-'- -" -, . ...'-......... '. j:l :' " " :' '-',1 " I:; ~ .1:' ". " :: " " - o ." - co ~. EXHmITB LEVI LANDING 2ND ADD. CONSERVATION EASEMENT . ~ . ...,- I \ . \ ;'U ______no 8 \ J\ .oUJ 1-- 1~;: i'l TIr.....---~i-n_, - , .", \ j-." ;'~l."~ t f!" ':f:i ,. I~""I' _ :r~.._:.;'_... __._,-_.-....:-:i;t~~\, 6\,\ ~r;:,~J. _ _.~ii . ~, '~? ->_ (P:.,pr- ._ g ...1_" ....- ___ ~--=-=7~ ," : i , I. ~..---;""\'1.":;t' \-;. : i._~L ",":..~~..~.~.~r-. iniMn5. . ij. , )'" -,:, ,\.. 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'\ ;IJ._ ;~ , - -- ~,~ 1 ,.;::::;;>/. ~ .. ; I ;..i -~'.~ ~~ i: I. ;1; I ~~ ~: ." ,~~; . .., .' '~.' -""I' -, T~ '. :,'/; '-;-"".,,;' .:: ;:~p~r.. ~~,: ~; "~ I ~i ;;;//{//'." ";:1 ~~ ~! i"fj ~:-. "~I"" i-; J. 1.~ >'--------.:-~~::.:-::,,~G)"I,!,/ i;,"!~ i. ' .. ~:;. f"" -,' -y.": .r" ." I I .,' .l j:. j ,. /. r,., '-- ~ ~o ~ " i: i , ..---..--; =-'-::..-f''''''''' -~ ~. . ~.,! . ... , \....\ '. ~. ... .'J ~ "1% , o,,:P.. ~ .. ! i: if h -; ..' ----=- ------- ...-------- :--:---z-~ I. ]" 1'; 1_,-, ! .~~ ~ i ~i , , ,;;:; :e.l :1i ( ~.. ., ~ ~! ~ j < ! , I d: ,. I; , ~~~~ ! $. 5 $: r, i e i t ~ ~ '::?- 1<1 1i ;: ~. .\ ! ~ = ~ . ... ... i ~ ~ ~ ~ I j 1 i 3 ~ ~ . ,..., - ~ ! ! ,~. Pi \ , Datj3 Recei , .:. ~ , , .' ,. ~ ~ ; 1 'jJ I ! i i ; i ; Iii! , ii, j ~'~;;~;~1]~~ ;~ i j ; 'I i ! ~ ! ~~'il:"l~i~~ '" lL", ., . ~ .. " u . " . " j~A~;1~~~1 "': 1 1 J ~ ; [ . \ :- ~~i~!~~'~' ~ ; =.,. lEV I LANDING 2ND. ADD. PUBLIC IMPROVEMENTS SITE PLAN AND UTlLIT' PLAN .....& 'afi:'.!,'S ~ ~ :II ... '..;!"" .' '''g'~ --........ :~.t.";"~1 ..."....." . ~ -. -- ...-,......." ....,-.. . -[;' EC~~t8' 2lJ1 ~....... ., "'.__a, ""'"NGI'IELO, OREGON . . 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) . . L pmNT I'" .i8 iii ., "I ~'@o!i ~ ~~ Zt~ ~ ", ~ A ~I/;.' ~ S.3B50B 'foe ~.t7 1./ , ~ , , , , , , , , , t ~.~~ ~~~j..,!~~<@ ',.::;, .; ]:: ::',:, ."'': , Hffl. zeee - 9600 0.44 N:.. _mn 63 .... ~ 1G.3.' """ .... ,,"'. _S.!..8~3Qg"_ lANE : , , ) " ,1~. 10.17 /i;. ! I l'DSQ.fT.... I 111 is Z , , , " J~. 1lllIlSll.fT. 110 ~ ~ J 1I00llll' ~~ ~ '" 106 'r'tlllI_n I~ rU'33'3l'I:S . ~ :~~'-!-, FD ':la.IlO' lfa ,. "'~~t. E ~ !~ ~!~~: ~ . I . "'"' ..,. ,., C\l o "" - ... e.~t.... "-'I. ~J~. , :l1:lH Ill" a 70 ~ S Q"'3'oo.' r: "".. 1 0:100 0.'5 N:.. a 6-m III n .... 71 ~ ~ 611"':'1J'1I' { .. I..C~ B1'CI.,... V :51,'7'-. . . , " J,~m '-- E J:illll:ll.tI:ln (. ...~ . 72,:;''''" ",,../ + ij LC0f4 iU'3D"W 'J w !HmOL 'il' 1 0700 ~ 1 0600 POINt ~8IQAfr:;r ~:PIQAfr: ~ 7.3 : 7~ ". " 10900 0..4 AC. ..... n 75 I alJ.l~. _'Ut77S"" I . L.. ,.". THIS MAP IS FURNISHED AS A CONVENIENCE BY MID-WILLAMETTE VALLEY TITLE_GROu.e uate Kecei~: 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 . . r 0" ASSlSSMlN I i\ND -,"IX/IT eN ONLY E 1/4 NE 1/4 SECTlON 34 T.17S R.2W. W,IA. lANE COUNTY SIT........ l1Cl H rY~'j 17 02 34 11 NAD BJ/91 5CAJ...[j'.IIXl" ~-1- . " ,"....,j- , n" l-L"S '00' ,,,, "" 2101 JlOO-6000 6BOO-I'l1lOC :/ , , I I SEE DETAIL MAP NO, 1 , I I ~ " ~ ~ - m<gl-OY9J , =':"1,-~" .- 240\ 2.00 z '" J '" c' D c' , "" I I I , I , I I ,I '1....."""'. , , ..----1 I, II ~ . " "'" " I '.' "'" "" , , , / 2'4a:.~ '&'. ,'~ s , , "'" m9~OO ~ ~ "00 I , , '5~ '-~--U:>='i''F- -~, __' ^."" ' i'"oad . ~rl '- 'No. g2~ (' , .- ,':" ~if w- oo ,... -, 00 0" ~.- if ,.. J'L ~-, ~. ...... . r"t~-"..-~~UT- ~.!.tr- 11 0/ .54 11 "" ;;01 ir- l::J c:: , r- , - .(f) ~~j..l: ,,"' 1 . ~€ ~" " I r/Fl5T~ ADCHIDN GlENOA/{S 31" " , " SlE w.~ 17 Cl J1 \. Date Received: OCT .. 6 2010 Original Submittal . . FOR ASSFSSMFNT AND TAXATION O\LY NE1/4 NE1/4 SEC. 34 T.17S. OET All MAP NO. 1 LANE COUNTY Sl::AL! \" _ 1O(T R.2W. W.M. ~ ,--- -. -; Sl'l:lolAP'170lH SlIUN'171l2:re - "'" :"t% LOr"" - "" ,~. ,- .."lot;. .~. l~ " " A~ "0 o ~'IJ. I@~' I@@' ~""'" ~ ~ ~, \ ~ '~~??(fp~ \. '&;, o ~ . " sa:~'71123411 SU""'1702Jatt Date Received: OCT - 6 2010 Original Submittal 17 02 34 11 DETAIL MAP NO. NAIl 83/91 ~ I~. TA~.;"_. ..~~T;~;. ............-. ,.-- .-... _~ ...--r ~.- .~~_. ____ -_I' ..-.......... -.- .-. .. ._~ ...-.., ......,.. .~-, ..-......... "le:;"r:~' ..~:l~.. ... 'a~ ::;:.'\:~' ~. = - .- ~;,: .~ .~ .- .-. .- ft " .......... ..._, ._~. o ~ . " . . o ~ ~ 17 02 34 11 DETAIL MAP NO. . 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 ,(~ . . ",", ~l .. 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 / 1~~~.~m~~ 8 ':l t:: 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 ~ :3 z LU u..l r:c <!J a: UJ > UJ ~ ~ a: 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 ;;. . f . ... :- "t,.!i' State of OREGON COUNTY of Lane li 's' stru b u I . ~/n 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