HomeMy WebLinkAboutApplication APPLICANT 10/6/2010
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Adjustment #2 of 3
Property Line Adjustment
Required Project Information (App~icant: complete this section)
A licant Name: Robert D. Ridge and Amy D. Ridge
Com an :
Address: 6694 Jacob Ln, Springfield OR 97478
Phone:
Fax:
A licant'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 #: 9700
Pro Address: 6694 Jacob Ln, Springfield OR 97478
Pro Owner: Robert D. Ridge and Amy D. Ridge Phone:
Com an
Address: 6694 Jacob Ln, Springfield OR 97478
Fax:
Assessors Ma #: 17-02-34-11
Pro Address: none - vacant
PROPERTY 2
Tax Lot #: 15400
Pro
Owner: see attached list
Phone:
Fax:
Com an
Address: see attached list
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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
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Associated A lications:
I Jo-ctDb
Date:
'D Reviewed b
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Case No.: \( t.:> LI
A lication Fee: ~2?S'U
TOTAL FEES: G f7 4./ ')
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Revised 1/1/08 Molly Markarian
1 of 4
Orlgiil~j 2 :biYI;ti.~J;
Signatures
Applicant:
Property
Owner 1:
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The undersigned acknowledges that the information in this application is correct and accurate.
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If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
(L.,. \) ~/a'"'J ~.p'df-
Signature I
see attached list
Signature
Date:
~CI_~0~/a~Date:
Signature f
Robert D. Ridge or
Print c-e..,- D.
b. R'd ~
q-II..{.;;>OtU
Property
Owner 2:
Date:
Robert D. Ridge or Amy D.
Print ~o8a-:- u. L .-Dc..C
Ridge
AmI! lh .
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If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Revised 1/1/08 Molly Markarian
see attached list
Print
Date Received:
OCT - 6 2010
Original Submittal
2 of 4
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OWNERS LIST AND SIGNATURES
FOR
17-02-34-11 TL 15400
Brian K. Gesik and Cheryl Gesik
6718 Jacob Lane
Springfield OR 97478
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Brian K. Gesik or Cheryl G~
C( ~ J-.v -10
Date
Robert D. Ridge and Amy D. Ridge
6694 Jacob Lane
Springfield OR 97478
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Robert D. Ridge or Amy D. Rid
q -/<.( . ,:9oi'l:l
Date
Brandon 1. Parks and Jamie K. Parks
6680 Jacob Lane
Springfield OR 97478
Q-/3-2010
Date
Eldon Shaw and Laura I. Shaw
6652 Jacob Lane
Springfield OR 97478
tf&~ cf{~
Eldon Shaw or Laura I. Shaw
Date
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; Uate Received:
OCT - 6 20ID
Original Submittal
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Property Line Adjustment Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
~ 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.
Q9 Property Line Adjustment Application Form
~ Copy of the Deed for all properties involved in the property line adjustment.
Q9 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.
~ 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.
89 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:
~ Prepared, stamped, and signed by an Oregon licensed land surveyor
[}Q Scale appropriate to the area involved and the amount of detail and data
129 North arrow, date of preparation, and title, i.e. Proposed Property Line
Adjustment Survey
[}Q Boundaries of the lots/parcels inv.olved, including dimensions and area
I!I Zoning and plan designation of the lots/parcels
00 Existing property line and proposed property line, clearly differentiated by line
type
~ Location and outline to scale of all existing structures, including required
setbacks from current property lines and proposed property lines
Q9 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
[!] 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.
00 Reference to the recorded Subdivision or Partition by name or reference number
and blocks, lot/parcel numbers, where applicable
Date Received:
OCT - 6 2010
Original submittal
. Revised 1/1/0B Molly Markarian
4 of 4
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NARRATIVE
FOR
17-02-34-11 TLs 9700 & 15400
(ADJUSTMENT #2 OF 3)
Proiect Descriotion
The owners of6718, 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 stormwater 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 sqjt, minimum frontage = 45 ~ minimum.
front yard setback ~ 10 feet, minimum rear yard setback = 10 feet, minimum i te;Be'celved:
OCT - 6 2010
Original Submittal
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. setback = 5feet and minimum garage front yard setback = 18feet. As can be seen by inspection
of the plans included in this submit/al. 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 2"d Addition and Levi Landing 2"d
Addition Replat are applicable to this adjustment. None of the conditions of approval in for these
subdivisions are violated by this adjustment.
E. Detrimentally alter the availability of existing public andlor 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-confonnity of each lot, parcel or structure that is non-conforming at
the time of application.
No non-conformities will exist after the adjustment.
Date Received:
OCT - 6 2010
Original Submittal
ilLTAOWNER'SPOLlCY- 10-17-92
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OLlCY OF TITLE INSURANCE ISSUED BY
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY OF OREGON, an Oregon corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance
stated in Schedule A, sustained or incurred by the insured by reason of: 0 t R ceived:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein; a e e
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land. Original Submittal
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent
provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company of Oregon has caused this policy to be signed and sealed by its duly
authorized officers as of the date of Policy shown in Schedule A.
OCT - 6 2010
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Chairman of the Board
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Countersigned.,: I
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Aulhorized'fiig;na"lor.if .
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City, State
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EXCWSIONS FROM COVERAGE
The following moners ore expressly excluded from Ihe coverage of this policy and the Company will not pay loss or damage, costs, a"omeys' fees or expenses which
arise by reason of:
1. (al Any low, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinances, or regulations) restricting, regulating,
prahibiling or relating to (illhe occupancy, use, or enjoyment of the lond; (ii) the chorocter, dimensions or locotion of ony improvement now or hereoher erected
on the lond; (Iii) 0 separotion in ownership or 0 chonge in the dimensions or area of the lond or ony porcel of which the lond is or wos 0 port; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that 0 notke of the enforcement
Ihereof or 0 nolice of 0 defect, lien or encumbronce resulling from 0 violotion or olleged violotion offecling the lond hos been recorded in the public records ot Dote
of Policy.
(b} Any governmental police power not excluded by (o} obove, excepllo the extent thot 0 notice of the exercise thereof or 0 notice of 0 delect, lien or
encumoronce resulting from 0 violotion or olleged violotion offecling the lond has been recorded in the public records ot Dote of Policy.
2. Rights of eminent domoin unless notice of Ihe exercise thereof hos been recorded in the public records ot Dole of Policy, but not excluding from coveroge ony
toking which hos o((urred prior to Dote of Policy which would be binding on the rights of 0 purchaser for volue without knowledge.
3. Defects, liens, encumbronces, adverse doims or other ma"ers:
101 creoted, suffered, assumed or agreed to by Ihe insured doimont;
b nol known to the Compony, not recorded in the public records ot Oote 01 Policy, bul known to the insured c1oimont and not disclosed in writing to the
Company by the insured c1oimonl prior to the date the insured c1oimont become on insured under this policy;
~cl resulting in no loss or damog~ to the insured daimant;
dj o"oching or creoted subsequent to Oole of Policy; or
e resulting in lass or domoge which would not have been sustained if Ihe insured doimonl had paid volue for the eslate or inlerest insured by this policy.
4. ny claim, which arises aul of the tronsoction vesting in the Insured Ihe eslole or inlerest insured by this policy, by reoson of the operation of federal
bonkruptcy, state insolvency, or similar credilors' rights lows, that is bosed an:
(ollhe tronsoctian creoting the eslote or interest insured by this policy being deemed 0 froudulenl conveyonce or froodulent tronsler; or
(b the tronsoctian creating the estote or inlerest insured by this policy being deemed a preferentiol tronsfer except where Ihe preferential transfer results
from Ihe loilure:
IiI to timely record the instrument of tronsfer; or
ii) of such recordation 10 impart notice to 0 purchaser lor value or 0 judgment or lien credilor.
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32386
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CONDITIONS AND STIPULATIONS
(d) In all mses whl"s policy permlls ar reqUires the Companr to prosewte
or proVide for the defense of any action or praceedmg, the insured shal sewre to the
Company the right to sa prosecute ar provide defense in the action or proceeding,
and 011 appeals therein, and permit the Company 10 use, at its option, the name of
the insured far this purpose. Whenever requested by the Company, the insured, at
the Company's expense, shall give Ihe Company 011 reasonable aid (i) in any action
or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
aclian or praceeding, or effecting seUlement, and (ii) in any ather lawful oct which in
the opinion of the Company may be necessary ar oesiroble 10 establish the title to the
estate ar intere~ os insured. If the Company is prejudiced by the foilure of the
insured to furnish the required maperotian, the Company's obligations to the insured
under the policy shalllerminale, induding any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring
such maperotian.
5. PROOF OF LOSS OR DAMAGE.
In addition to and aher the notices required under Section 3 of these Conditions
and Stipulations have been srovided the Company, a proof of lass or damage signed
and sworn to by the insure daimant shall be furnished to the Company within 90
days aher the insured daimanl shall ascertain the facts giving rise to the lass ar
damage. The proal of lass ar damage shall describe the defect in, ar lien ar
encumbrance an the title, ar. ather maUer insured again~ by this policy which
canstitules the basis of lass ar damage and shall ~ate, to the extent passible, the
basis of mlwlating the amount of the lass ar damage. If the Company is prel'udiced
by the failure of the insured daimant to provide the required proof of ass ar
damage, the Company's obligations to the insured under the policy shall terminate,
induding any liability ar obligation to defend, prosecute, or mntinue any litigation,
with regord 10 the maUer or maUers requiring such proof of lass or damage.
In addition, the insured daimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and mpying, at such reasonable times and
places as may be designated by any authorized representative of the Company, all
remrds, books, ledgers, checks, correspondence and memaronda, whether beoring a
date before or afler Date of Policy, which reasonably pertain to the lass ar damage.
Further, if requested by any authorized representative of the Company, the insured
daimant shall grant its permission, in writing, for any authorized representative of
the Company .to examine, inspect and mpy all remrds, books, ledgers, checks,
mrrespandence and memaranda in the wstady or mntrol of a third party, whim
reasonably pertain to the lass or damage. All information designated as mnfidential
by the insured daimant provided to the Company pursuant to this Section shall nal
be disclosed to others unless, in the reasonable judgment of the Company, il is
necessary in Ihe administration of the daim. Failure of the insured daimant to
submit for examination under oath, produce ather reasonably requested information
or grant permission to secure reasonably necessary information from third parties 05
required in this poragraph shall terminale any liability of the Company under this
polICY as to Ihat dOlm.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In mse 01 a daim under this policy, the Company shall have the fallowing
additional options,
(a) To Pay or Tender Payment 01 the Amount of Insurance.
To payor tender payment of the amount of insuronce under this r.alicy together
with any costs, anorneys' fees and expenses incurred by the insured ( aimant, which
were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to par.
Upon the exercise by the Company a this aptian, all liability and obligations to
the insured under this policy, ather than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherw~e Seftle With Parties Other than the Insured or
With the Insured aaimant.
(i) to pay ar otherwise settle with ather parties for or in the name 01 an
insured daimant any daim insured against under this policy, together with any casts,
attorneys' fees and expenses incurred by the insured claimant which Vlere autharized
by the Company up to the time of payment and whi,h the Company is obligated to
pay; or
Iii) 10 payor otherwise seftle with Ihe insured claimant the lass or damage
provided or under this policy, together with any casts, aUarneys' fees and expenses
incurred by the insured daimant which were authorized by the Company up to the
time of payment and whim thetll'!!PfB il'<ll>.li.QllteJf.ta l!!l~,
Upon the exercise by IhHilT1\~lIily~~WllRM>ptians provided lor in
r.aragrophs (blli) ar (iil. the Cam1any's abliga.tiOns 10 Ihe insured under this policy
or the daimed oss ar damage, attylf,thon theAla~l~ required to be mode, shall
lerminate, induding any liability ar abligatilln 10 aefen~, prosecule or "ntinue any
litigation.
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. 1. DEFINITION OFTERMS.
The fallowing terms when used In thIS policy mean
(a) "insured". Ihe msured named in Schedule A, and, subjea to any nghis or
defenses the Company would have had agamst Ihe named msured, those who
succeed to the mterest of the named msured by operatIOn of low as distinguished
from punhase induding, but not limiled to, heirs, distribulees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
Ib) "insured claimant": on insured claiming loss or damage.
c) "knowledge" or "known", actual knowledge, not "nstructive knowledge ar
nalice which may be imputed 10 an insured by reason of the public remrds as defined
in this policy or any alher re"rds which impart "nstructive notice of maUers
affecling Ihe land.
(d) "land", the land demibed ar rele<red to in Schedule A, and improvements
affixed thereto which by law canstitute real property. The term "land" does not
indude any property beyond the lines 01 the orea described ar referred to in
Schedule A, nor any right, title, interest, estate ar easement in abutting streets,
roads, avenues, alleys, lanes, ways ar waterways, but nothing herein shall modify or
limit the exlent to Vlhich a right of access to and lrom the land is insured by this
palicr'
e) "mortgage", mortgage, deed of tru~, trust deed, or alher sewrity
instrument (0 "public re"rds", records e~ablished under state statutes at Date of
Policy far the purpose of imparting constructive nali,e of matters relating 10 real
property to purchasers for volue and wilhaut knowledge. With resrect to Section
I (aHiv) of the Exdusians From Caveroge, "public re"rds" shal also indude
enviranmentol prolectian liens filed in the records of the derk of the United States
district "urt for the district in which the land is located.
(g) "un marketability of Ihe title", an alleged or apparenl matter affecling Ihe
liMe to the land, not exduded or excepled from coverage, which would entille a
purchaser of the estate ar interest described in Schedule A to be released from Ihe
obligation to purchase by virtue 01 a "ntroctual canditian requiring Ihe delivery of
marketable title.
2. CONTINUATION OF fNSURANCE AffiR CONVEYANCE OF TITLE.
The caverage of Ihis policy shall "ntinue in farce as of Dale of Policy in favor of
on insured only so long as the insured retains on estate or interest in the land, or
holds an indebtedness secured by 0 purchase money mortgage given by a purchaser
from the insured, or only so long as the insured shall have liability by reason of
"venants of warranty made by the insured in any tronsfer ar "nveyance of the
estate or inlerest. This policy shall not "ntinue in farce in favor of any purchaser
from the insured of either (i) an estate ar interest in the land, ar (ii) an indebtedness
secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify Ihe Company promptly in writing (i) in case of any
litigation as set forth in Section 410) below, Iii) in "se knowledge shall "me 10 an
insured hereunder of any daim a title ar interest which is adverse 10 the titleta the
estate or inte,est, as insured, and which might cause lass or damage for which Ihe
Company may be liable by virtue of this policy, ar (iii) if title 10 the estate or interest,
as insured, is rejected as unmorketable. If prompt notice shall not be given 10 Ihe
Company, Ihen as to the insured all liability of the Company shall terminate with
regord 10 the maUer ar maUers lor which prompt notice is required; provided,
however, that lailure to notify the Company shall in no "se prejudice the rights of
any insured under this policy unless the Company shall be prejudiced by the failure
and then only to rhe extent of the preLudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANTTO COOPERATE.
(a) Upon wriUen request by the insured and subject to the options contoined in
Section 6 of these Conditions and Stipulations, Ihe Company, at its own "st and
withaul unreasonable delay, shall provide far the defense of an insured in litigation
in which any third party asserts a daim adverse to the title or inlerest as insured, but
only as to those staled causes of action alleging a defect, lien or encumbrance or
ather matter insured against by this policy. The Company shall have the right to
select counsel of its chai,e (subject to the right of the insured to abiect far reasonable
couse) to represent the insured as to those stated "uses of action and shall not be
liable far and will not pay the fees of any other "unsel. The Company will not pay
any fees, casts or expenses incurred by the insured in the defense of those couses of
octian which allege maUers not insured against by this policy.
(b) The Company shalf have the righI, at its awn cost, toin~ilute and prosewte
any action or proceedmg or to do any ather act whICh m Its apmlOn may be necessary
ar desiroble 10 estoblish the title to the estate ar intere~, as insured, or to prevent or
reduce lass or damage to the insured. The Company may lake any appropriate
action under the lerms of this policy, whether or not it shall be liable hereunder, and
shall not thereby "ncede liability or waive any provision of this policy. If Ihe
Company shall exercise it rights under this poragroph, it shall do sa diligenlly.
(c) Whenever Ihe Company shalf have brought an octian ar interposed a
delense as required or permitted by the proVisIOns of thIS POlICY, the Company may
pursue any litigation 10 final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, fa appeal from any adverse
judgment.Dr order.
Origin2~ Si.!bmj,~::..L..__
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(mntinued and conduded on la~ page 01 this policy)
. ." CONDITIONS AND STIPULATIONS Continued
. .', _'"tinued and conduded from reverse side of Policy fore) . . . .
7. DETERMINATION, EXTENT OF UABIUlY AND COII'lM'RANCE. (b) When liability and the extent of loss or damage has been definitely fixed in
This policy is a controct of indemnity against adual monetory ioss ar damoge o((ardonce with Ihese Candilions ond Slipulotions, the loss or domoge sholl be
sustained or incurred by the insured doimonl who hos suffered loss or domoge by poyoble within 30 doys thereafter.
reason 01 mODers insured against by this policy ond only to the extent herein 13. SUBROGATION UPON PAYMENT OR SmlEMENT.
described. (0) The Company's Right of Subrogation.
(a) The liability of the Company under this policy shall not exceed the leasl 010 Whenever the Company sholl hove sellled and poid 0 claim under Ihis polky, all
Ii} the Amount of Insuronce slaled in Schedule A; or, right of subrogalian sholl vesl in Ihe Company unaffeded by any ad of the insured
ii) the difference between the value of the insured estate or interest as claimant.
insured and Ihe value of Ihe insured eslote ar interest subjed 10 Ihe defecl, lien or The Company sholl be subrogaled to and be enlilled 10 011 rights and remedies
encumbronce insured against by Ihis policy. which the insured claimant would hove hod againsl any person or property in respecl
(b) In the event Ihe Amount of Insuronce slaled in Schedule A at Ihe Date of to Ihe claim hod this policy not been issued. If requesled by Ihe Company, the
Policy is less than 80 percenl of Ihe value of Ihe insured estate or interest or Ihe full insured c1aimanl sholl transfer to the Company 011 rights and remedies againsl any
considerotion paid for the land. whichever is less, or if subsequent 10 the Dote of person or property necessary in order 10 peded Ihis righl of subragotion. The
Policy and improvemenl is erected on the land which increases the value of Ihe insured claimant sholl permit the Company to sue, compromise or senle in Ihe nome
insured eslote or inlerest by at least 20 percent over the Amount of Insuronce slated of the insured c1aimanl and to use the nome of Ihe insured claimant in any
in Schedule A, then Ihis Policy is subjeclla the following; lronsoction or liligotion involving Ihese rig his ar remedies.
(i) where no subsequenl impravemenl has been mode, os 10 any partiol If 0 paymenl on occounl of 0 claim does nol fully cover the loss of Ihe insured
loss, Ihe Compony sholl only pay the loss pro rota in the proportion that the omounl claimant, Ihe Company sholl be subragoted to Ihese rights and remedies in Ihe
of insuronce at Dote of Policy bears to the total value of Ihe insured eslote or inlerest proportion which the Company's payment bears to the whole amounl of Ihe loss.
01 Dole of Policy; or If loss should resull from any ad of the insured c1aimonl, os slated above, that
(ii) where 0 subsequent improvement has been mode, as to any partial ad sholl nol void Ihis policy, but the Company, in Ihat event, sholl be required to pay
loss, Ihe Company sholl only pay the loss pro ralo in the proportion thai 120 percent only that port of any losses insured against by this policy which sholl exceed the
of the Amounl of Insuronce staled in Schedule A bears to Ihe sum of the Amounl of amount, if any, losllo Ihe Company by reason of the impoirmenl by Ihe insured
Insuronce sloled in Schedule A and Ihe amaunl ex~ended for Ihe improvement. c1oimonl of the Company's rig hi of subrogation.
The provisions of this parograph sholl nol apply to cosls, ollomeys' fees and (b) The Company's Rights Against Non-insured Obligors.
expenses for which the Company is liable under this policy, and sholl only apply to The Company's right of subrogation against nan.insured obligors sholl exist and
thai porlion of any loss which exceeds, in Ihe oggregale, 10 percenl of Ihe Amounl of sholl include, withoutlimitolion, the rig his of the insured 10 indemnities, guoranlies,
Insuronce staled in Schedule A. other policies of insurance or bonds, notwilhstonding any lerms ar conditions
(c) The Company will pay only those cosls, ottomey's fees and expenses contained in Ihase instruments which provide for subrogation rights by reason of this
incurred in a((ordonce with Section 4 of Ihese Conditions and Stipulations. policy.
8. APPORTIONMENT. 14. ARBITRATION
illhe land described in Schedule A consists of Iwo or more portels which ore nol Unless prohibited by opplicoble low, either Ihe Company or Ihe insured may
used os 0 single sile, and 0 loss is established affeding one or more of the portels demand orbitration pursuanl to the Title Insurance Arbilration Rules of the American
but not 011, Ihe loss sholl be computed and sellled on 0 pro rota basis os if Ihe Arbitrolian Association. Arbilrable moilers may include, bul are not limited 10, any
amount of insurance under this policy was divided pro rata os 10 the value on Dote of conlroversy or claim between the Company and Ihe insured arising oul of or relating
Policy of each seporale parcel to the whole, exclusive of any improvemenls mode to this policy, any service of the Company in connedion with its issuance or the
subsequent to Dote of Policy, unless 0 liobilily or value has olherwise been agreed breach of 0 policy provision or other obligation. All arbitrable moilers, when the
upon as to each parcel by Ihe Company and Ihe insured 01 the lime of the issuance of Amount of Insurance is $1,000,000 or less sholl be arbitrated allhe option of either
this policy and shown by on express statement or by on endorsement olloched to this the Company ar the insured. All orbitrable moilers when Ihe Amounl of Insuronce is
policy. in excess of Sl ,000,000 sholl be orbitrated only when agreed to by both the Company
9. LIMITATION OF lIABIUlY. and the insured. Arbitration pursuant to this policy and under Ihe Rules in effecl on
(0) If the Company establishes the title, or removes the alleged defed, lien or the dote the demand for arbitration is mode or, at the option of the insured, Ihe
encumbrance, or (Ures Ihe lock of 0 righl of a((ess to or from Ihe land, or (Ures the Rules in effed 01 Dole of Policy sholl be binding upon the parties. The oword may
claim of unmorketobility of Iille, 011 os insured, in 0 reasonably diligent manner by include ollarneys' fees only if the lows of the state in which the land is locoled permit
any melhod, including Iiligotion and Ihe completion of any appeals therefrom, it 0 court to award onomeys' fees 10 0 prevailing party. Judgment upon the award
sholl hove fully performed its obligolians with respecl to thai moiler and sholl nol be rendered by the Arbitrotor(s) may be entered in any court having jurisdidion
liable for any loss or damage mused Ihereby. thereof.
(b) In the evenl of any litigation, induding litigation by the Company or wilh The low of the situs of the land sholl apply to on arbilrotion under Ihe Title
Ihe Company's mnsent, Ihe Company sholl hove no liability for loss or damage until fnsuronce Arbitration Rules.
there has been 0 final determinolion by 0 court of mmpetent iurisdidion, and A copy of the Rules may be obtained from the Company upon request.
disposition of all appeals therefrom, adverse to the title os insured. 15. LIABilITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAU.
(c) The Company sholl not be liable for loss or damage to any insured for (a) This policy logether with 011 endorsements, if any, onoched herela by the
liability voluntarily assumed by Ihe insured in sellling any claim or suit withoul the Company is Ihe enlire policy and controd between the insured and Ihe Company. In
prior wriDen consenl of the Company. inlerpreling any provision of this policy, this policy sholl be construed as 0 whole.
10. REOUmON OF INSURANCE; REOUmON ORTERMINATfON OF (b) Any doim of loss or damage, whether or nal based on negligence, and
LIABilITY. which orises aul of the slolus of Ihe title 10 the estole or inlerest covered hereby or by
All paymenls under Ihis policy, excepl payments mode for msts, ollomeys' fees any adion asserting such doim, sholl be reslrided to this policy.
and expellses, sholl reduce Ihe amount of Ihe insurance pra lonta. (c) No omendmenl of or endorsemenlla Ihis policy mn be mode excepl by 0
II. LIABilITY NONCUMULATIVE. writing endorsed hereon ar olloched hereto signed by either Ihe President, 0 Vice
II is expressly underslood Ihollhe amount of insurance under Ihis policy sholl be Presidenl, the Secrelory, on Assistonl Secretory, or validating officer or authorized
reduced by any amounllhe Company may pay under any policy insuring 0 mortgage signatory of the Company.
to which exception is laken in Schedule B or to which the insured has agreed, 16. SEVERABllIlY.
assumed, or taken subjed, or which is hereafter executed by on insured and which is In Ihe event any provision of Ihe policy is held invalid or unenforteoble under
o charge or lien on the estate or inlerest described or relerred to in Schedule A, and opplicoble low, the policy sholl be deemed not to include that provision and 011 other
~he amount so paid sholl be deemed 0 paymenl under this policy to the insured D..l1I1l!iSi~.!I1lill:lMll\il>iTltull forte and effect.
wner. q1~Em~~nn.
12. PAYMENT OFlOSS. All notices required to be given Ihe Company and any slotement in writing
(0) No poymenl sholl be mode withaul producing this policy for endorsemenl rl"ljH~ to lie IvlQlltled Ihe Company sholl indude Ihe number of this policy and
of the payment unless the polICY has been lost or destroyed, In whICh mse proof of sMIl-JIB o;rclll,ssM'\~'lhe Company at P.O. Box 2570, Tuolotin, OR 97062-2570.
loss or destrudion sholl be furnished to the sotirlodian of Ihe Company.
Original submittal
~~~
.
.
SCHEDULE "A"
ALTA OWNER'S POLICY
ORDER NO.: ELT-44414
POLICY NO.: 0-780132366
DATE OF POLICY: March 22, 2004 AT 10:28 AM
AMOUNT OF INSURANCE: $288,000.00
PREMIUM AMOUNT: $604.50
1. NAME OF INSURED:
ROBERT D. RIDGE AND AMY D. RIDGE,
2. THE EST ATE OR INTEREST IN THE LAND WHICH IS TO BE COVERED BY THIS
POLICY IS:
IN FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
ROBERT D. RIDGE AND AMY D. RIDGE,
husband and wife
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Lot 64, LEVI LANDING 2ND ADDITION, as platted and recorded in File 75, Slides 1152 thru
1155 inclusive, Lane County Oregon Plat Records, in Lane County, Oregon.
COUNTERSIGNED:
/ /Li
/
. /
/[/ (L /~
ZED SIGNATURE
Date Received:
OCT - 6 2010
Original Submittal
.
.
SCHEDULE"B"
ALTA OWNER'S POLICY
ORDER NO.: ELT-44414
POLICY NO.: 0-7801 32366
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of:
B: GENERAL EXCEPTIONS:
I. 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. Any facts, rights, interests, easements or claims which are not shown by the public records
but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under (a), (b), or (c) are shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a survey would disclose, and which are not shown by the public records.
5. Statutory liens or other liens or encumbrances, or claims thereof, which are not shown by the
public records.
C. SPECIAL EXCEPTIONS:
6. Public Utility and Sidewalk Easement as shown on the recorded plat. (Affects the North 7
feet)
7. No-Fill & No-Build Line as shown on the recorded plat.
8. Restrictions as shown on the recorded plat as follows: No buildings, structures, trees,
shrubbery or other obstructions shall be placed on or located within the public utility easements.
Date Received:
OCT - 6 2010
CONTINUED
Original Submittal
.
.
SCHEDULE "B"
ALTA OWNER'S POLICY
ORDER NO.: ELT-44414
POLICY NO.: 0-7801 32366
9. Covenants, Conditions, and Restrictions, imposed by instrument, including the terms and
provisions thereof, Recorded October 29, 1997, Reel 2351R, Reception No. 97 73716, and
supplemented by instrument Recorded September 5, 2001, Reception No. 2001-058001, and
concurred by instrument Recorded September 14, 2001 ,Reception No. 2001-060168, Lane
County Oregon Records.
10. The By-Laws, including the terms and provisions thereof, of Levi Landing Home Owner's
Association, Recorded October 29, 1997, Reel 2351R, Reception No. 97 73717, Lane County
Oregon Records.
11. The Covenants, Conditions and Restrictions and The By-Laws contain among other things
provisions for levies and assessments of the Levi Landing, Home Owner's Association.
12. Grant of Private Easements for Drainage, Slope, Maintenance and Access: Levi Landing
Second Addition, granted to the City of Springfield and the Levi Landing Homeowners'
Association, an Oregon non-profit corporation, including the terms and provisions thereof, by
instrument Recorded September 5, 2001, Reception No. 2001-057999, and Re-Recorded
December 23, 2003, Reception No. 2003-122330, Lane County Oregon Records.
13. Declaration of Conservation Easement, including the terms and provisions thereof, by
instrument Recorded September 5, 2001, Reception No.2001-058002, and concurred by
instrument Recorded September 14,2001, Reception No.2001-060168, Lane County Oregon
Records. (Affects Lots 57 thru 67 and Tract "D")
14. Declaration and Grant of Private Easements for Setback, Maintenance and Access: Levi
Landing Second Addition, granted to the City of Springfield, including the terms and provisions
thereof, by instrument Recorded March 27,2003, Reception No. 2003-027019, Lane County
Oregon Records.
15. Deed of Trust, including the terms and provisions thereof, executed by Robert D. Ridge and
Amy D. Ridge, as Grantor(s), to Evergreen Land Title, as Trustee, for the benefit of Mortgage
Electronic Registration Systems, Inc. (MERS) as nominee for LoanCity.com Inc., a California
Corporation, as Beneficiary, Dated March 12, 2004, Recorded March 22, 2004, Reception No.
2004-019747, Official Records of Lane County, Oregon, given to secure payment of a Note for
$259,200.00.
NOTE: Completion Notice, by instrument Recorded March 22, 2004, Reception No. 2004-
019745, Lane County Oregon Records.
NOTE: Taxes, Map No. 17-02-34-11-09700, Code 19-00, Account No. 1677564,2003-2004,
$605.34 paid in full.
Date Received:
END OF EXCEPTIONS
OCT - 6 2010
Original Submittal
.
.
stevvarf
~title insurance company of oregon
0-780 1 32366
ASSUMPTION CERTIFICATE No.
0-780 1 32366
This Certificale is attached to and constitutes a part of Title Insurance Policy No.
(the "Policy") of STEWART TITLE INSURANCE COMPANY OF OREGON ("CEDER").
Name of Insured:
ROBERT D. RIDGE AND AMY D. RIDGE,
husband and wife
In consideration of the premium paid under the Policy, it is hereby understood and agreed that
STEWART TITLE GUARANTY COMPANY ("REINSURER"), of Houston, Texas, reinsures all Iiabi/;ty under
the Policy and that in the event STEWART TITLE INSURANCE COMPANY OF OREGON shall fail to pay
any valid claim under the Policy by reason of loss or damage insured against, then such loss covered by
the terms of the Policy shall be the responsibility of STEWART TITLE GUARANTY COMPANY.
In witness whereof, STEWART TITLE GUARANTY COMPANY has caused this Assumption
Certificate to be signed and sealed by its duly authorized officers to be effective as of the Date of Policy
numbered above.
~~9~e!1'egon
d:t.J/ -
,
~
President
)
Date Received:
Authorized U l' rsig lure
EVER REEN LAND TITLE COMPANY
OCT - 6 2010
Compaoy 1570 Mohawk Boulevard
Springfield, Oregon 97477
Original Submittal
City. State
PROVISIONS OF THIS CERTIFICATE on reverse side:
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-
. .
Fidelity National Title Insurance Company
Policy Number:
27-031-06- 204201
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
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 8, AND THE CONDrrIONS, FIDEUTY NATIONAL TiTLE iNSURANCE COMPANY. a California corpora-
tion (the "Company") insures, as or 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 incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud. undue inI1uence. 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 perfoml 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 law; Dr
(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 circumsrance affecting the Tltle thaI 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.
s.
The violation or enforcement of any law, ordinance, permit, Or governmental
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 on the Land:
regulation (including those relating to
Date Received:
(c) the subdivision of land: or
(d) environmental protection
OCT - 6 2010
Original Submittal
if a notice, describing any pan of the Land. is recorded in the Public Records setting forth the violation or intentlon to
enforce, but only to the extent of the violation or enforcement refen-ed to in that notice.
L'r\I)~" ....-r 11')' nt:. It:.lno\
~'T'~ r\...___'~ n~I;_" It:: l-r nt:..,
6.
An enforcement action based on. exercise of a governmental police power naltered 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 governmental 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 p~lrL 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 the Land OcculTing prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bank11Jptcy, 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 reason 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 incuned in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authOlized officers.
Fidelity National Title Insurance Company
8y:
~g-f/1) /ll{)A,I~ 1_
/ "",",.
p.t>'-
Date Received:
~,
ATTEST
Countersigned:
p1";;dcc /J'2tflt/dV/tl
-- -.-----.L----_
Secretary
OCT - 6 2010
Authorized Signature
Original Submittal
FORM 27-0JI~06 (6/08)
ALTAOwner's Policy (6~17-06)
.
.
.
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)
FDOR0451.rdw
OCT - 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:
1. Name of Insured:
4610015656-FTEUG03
27 -031-06-204201
Tax Act #1722535, Springfield, OR 97478
$2,000.00
$200.00
June 24, 2010 at 11 :04 AM
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 Cheryl Reiko Gesik, as tenants by the entirety
4. The Land referred to in this policy is described as follows:
See Schedule C Attached Hereto
FDOR0225.rdw
.
Date Received:
OCT - 6 2010
Original Submittal
Oregon Title Insurance Rating Organizatioo (OTIRO)
Policy Valid Only If Schedule B is Attached OTIRO No PO-Q4
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 proceedi ngs, 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 worker'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.
cj 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 Slate of Oregon in and to any portion lying betow the high water line of Cedar
Creek.
g. 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:
fDOR0227.rdw
OCT - 6 2010
Oregon Title Insurance Rating Organization (OTIRO)
OTIRO No. PO-04
American Land Title Association
AL TA Owners Policy (6-17-2006)
Original Submittal
.
.
SCHEDULE B
(Continued)
File No. 4610015656-FTEUG03
Policy No. 27-031-06-204201
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 existing gravel roadway
Recording Date: November 30, 2009
Recording No: 2009-066012
Date Received:
OCT - 6 2010
Original Submittal
FDOR0227.rdw
Oregoo Title Insurance Rating Organization (OTIRO)
OTIRO No. PO-04
American Land Title Association
ALTA Owner's Policy (6-17-2006)
:.
.
.
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
Original Submittal
FDOR0226.rdw
Oregon Title Insurance Rating Organization (OTIRO)
OTIRO No. PO-04
American land Title Association
AL TA Owners Policy (6-17-2006)
.
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Date Received:
OCT - 6 2010
Original Submittal
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FOR ASSFSSMF~H
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Date Received:
OCT - 6 2DID
Original Submittal
.
EXCLUSIONS FROM COVERAGE.
. The following matters are expressly excluded frolll the coverage uf [his policy, and [he Company will nOt pay loss or damage, costs, auomeys' fees, or expenses that arise by rease
0[;
(al Any law, ordinance, permit. or governmental regulation (including those relating to building 3nd zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land:
(ii) the character, dimensions, or location of any improvement erected on the Land:
(Iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided undt
Covered Risk 5.
(b) Any governmental police power. Thi~ Exclusion I (b) does notlIlodify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does notll1odify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse c!ilims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b, Dot Known to the Company, not recorded in the PubJjc Records <lI Date of Policy. but Known to the (nsured Claimant and not disclosed in writing to the Compan
by the Insured Claimant prior to the date the [nsured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant:
(d) attaching or created subsequelU 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 Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights l<lws, that the transaction vesting (he Title as shown in Schedul
A,is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5, Any lien on the Title for real estate. taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recordin;
of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
I. DEFINITION OF TERMS
The following tem1S when used in this policy mean:
(a) .'Amount of Insurance" The amount stilted in Schedule A, as may be in-
creased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 10 and II 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.
Cd) "Insured": The Insured named in Schedule A.
(i) The term .'Insured"' also include.~
(A) successors to the Tille of the Insured hy 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 lnsured 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 equily interests
of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) jf 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 established by the InSUl-ed named
in Schedule A for estate planning purposes.
(ii) With regard to fA), (8), (Cl. and (O) reserving, 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.
(0 "Knowledge" or "Known": Actual knowledge, not 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 mailers affecting the
Title.
(g) "Land" The land described in Schedule A, and affixed improvements thal
by law constitute real 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, bw 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 trus!. trust deed, or other .<;ecurity instru-
ment, including one evidenced by electronic means authorized by li\w.
(i) "Public Records" Records established under state statutes at D<He of Policy
for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respecl to
CONDITIONS
Covered Risk Sed), "Public Records" shall also include environmental pro
lection liens riled 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) "Unmarketable Title'" Title affected by an alleged or apparent matter tha
would permit a prospective purchaser or lessee of the Title or lender on tht
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 of
an Insured, but only so long as the lns'ured retains an estate or interest in the Land, 01
holds an obligation secured by a purchase money Mortgage given by a purchaser from
the Insured, 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 the Insured of either (i) an estate or interest in the Land, or
(ii) an obligation secured by a purchase money Mortgage given to the Lnsured.
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The [nsured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 5(a) of these Conditions, (ii) in case Know]edge shall come to an
Insured hereunder of Clny claim of title or interest/hat is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may be liable by virtue 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 Claimant to provide prompt notice,
the Company's liability to the Insured Claimant under the policy shall be reduced to
the extent of the prejudice
Date Received:
4, PROOF OF LOSS
In the event the Company is unnble to detemline the amount of loss or damage, the
Company may, at its option, require as a condiOroTpa;'rffn~3KJhe Insured Claimant
furnish a signed proof of loss. The proof of"1'oss must describe the defect, lien,
encumbrance, or other matter tnsured against by this policy that constitutes the basis of
. loss or damage and shall state, to GFiglIflaisStubnaittal of calculating the amounl
of the loss or damage,
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the lnsured, 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 Insured in litigation
in which ally 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 matters insured against by this policy. The Company shall have the
righl to select counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured 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
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 incurred by the In-
sured Claimant thai were authorized by the Company up to the time of pay-
ment or tender of payment and that the Company is obligaled to pay.
Upon the exercise by the Company of this option, all liability and obliga-
tiOilS of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate, including any li-
ability or obligation to defend, prosecute. or continue any litigation.
(b) To Payor Otherwise Settle With Parties Other Than the Insured or Wit~'""te
Insured Claimant Ug
(i) To payor otherwise settle with other rarties for or in the name of an in any transaction or litigation involving (hese rights and remedies.
Insured Clairmlllt any claim insured against under this policy. In addi- 6 U.i\paymem on account of a claim does not fully cover the loss of the
tion, the Company will pay any costs. attorneys' fees. and expcnsesOCT - 2UWred Claimant. the Company shall defer the exercise of its right to recover
incurred by the Insured Claimant that were authorized by the Com- uruil after the Insured C1aimam shall have recovered its loss.
pany up to the time of payment and that the Company iSff!~!!...'4~Ji"", ''''''M,'ff~1 !he Co~~any's right o~ subrogation in~l~des the .rights of the Insured to
pay; or .,. --Tnti-emRltlea. ",uarantlCS. other poliCies of insurance, or bonds,
(ii) To payor otherwise settle WIth the Insured Claimant the loss or dam- notwithstanding any terms or conditions conwined in those instruments that
age provided for under this policy. together with any costs. attorneys' address subrogation rights.
fees, and expenses incurred by the Insured Claimant that were au tho-
(b)
not insured against by this policy. .
The Company shall have the right. in additl tn the nptions contained in
SectiOIl 7 of these Conditions, at its own cost. to institute anJ prosecute any
action or proceeding or to do any other act thdt in its opinion may be neces-
sary or desirable to estahlish the Title. as insllred. or to prevent or reduce
loss or damage to the lnsured. The Company may take any appropriate
actien under the tenns of this policy. whether or [lot it shall be. liable to the
lnsured. The exercise of these rights shall not be an admission of liabi]ity
or waiver of any provision of this policy. [f the Company exercises its
rights under this subsection. it must do so diligently.
Whenever the Company brings an action or ::lsserts a defense as required or
permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, {lnd it expressly reserves
the rigbt, in its sole discretion. to appeal any adverse judgment or order.
(e)
6.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy penuits or requires the Company to prosecute
or provide for the defense of any action or proceeding and any appeals, [he
lnsured shall secure to the Company the right (0 so prosecute or provide
defense in the action or proceeding. including the right to use, at its option,
[he name of the Insured for this purpose. Whenevel' requested hy the Com-
pany. the Insured. at the Company's expense. shall give [he Company all
reasonable aid (i) in securing evidence, obtaining witnesses. prosecuting or
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 furnish the required coop-
eration, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or COll-
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 by any authorized representative of the Company
and to produce for 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 gran! its
permission, in writing. for any authorized representative of the Company to
examine, inspect. and copy all of these records in the cllstody 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 granl permis-
sion to secure reasorrab]y necessary information from third parties as re-
quired in this subsection, unless prohibited by law or governmental regu]a-
tion, shall terminate any liability of the Company undCl this policy as to
that claim.
7.
lized . 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 ir
subsections (b)(i) or (ii), the Company's obligations to the Insured unde
this policy f(lr the claimed Joss or damage, other than the payments require(
to be made. shall terminate, including, any liabihty or obligation to defend
prosecute, or continue any litigation.
8. DETERM:INATION AND EXTENT OF LlABILlTY
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 polic)
shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) lhe difference between the value of the Title as insured and the va]m
of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and i,
unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%. and
(ii) the Insured Claimant shall bave the right to have the loss or damagt
determined eilher as of the date the claim was made by the Insurec
Claimant or as of the date it is settled and paid
(c) [n addition to the extent of liability under (3) and (b), the Company will alsc
pay those costs, attorneys' fees, and expenses incurred in accordance witt_
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LiABILITY
(a) [f the Company establishes the Tit]e, or removes the alleged defect. lien, 01
encumbrance, or cures the lack of a right of access lO or from the Land, 01
cures the claim of Unmarketable TiLle, aU as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any
appeals. it shall have fully perfomled 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 consent, the Company shall have no liability for loss or dam-
age lIntil there has been a final determination by a court of competent juris-
diction, and disposition of all appeals, adverse to the Title. as insured.
(c) The Company shall not be liab]e for loss or damage to the iJlsured for liabil-
ity voluntarily assumed by the Insured in sellling 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, excep\ payments made for costs. attorneys' fees,
and expenses, shall reduce the Amount of Insurance by the amounl of the payment.
I!. 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
wbich 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 to tbe 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
(a) Whenever the Company shall have settled a(ld 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, auomeys' fees, and expenses paid by the Company.
[f requested by the Company, the Insured Claimant shall execute documents
to evidence the transfer to the Company of these rights and remedies. The
R lQ~~.s1IC]aimant shall permit the Company to sue, compromise, or seule in
eCeh1V' M~of the Insured Claimant and to use the name of the Insured Claimant
14~ 'ARBITRATION .
Either the Company or the Insured may demand ( lal the claim Of controversy
shall be submitted to arbitration pursuant {O (he 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 or controversies of other persons,
Arbitrable matters may include, but are not limited to. any controversy or claim between
the Company ana the Insured arising out of or relating to this policy. any 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 gi ving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at [he
option of either the Company or the Insured. All arbitrable matters when the Amount
of Insurance is in excess of $2,000,000 shall be arbitrated 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 palties. Judgment upon the award rendered by the Arbilrutor(sl
may be entered in any courl 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 status of the Title or by
any action asserting such claim shall be restricted 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.
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of ils terms and provisions. Excepl as the en-
dorsement expressly states, it does not (I) modify any of the terms and pro.
visions of the policy, (ii) modify any prior endorsement, (iii) extend lhe
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY.
In the event any provision of this policy, in \vhole or in part, is held invalid or
unenforceable under applicable law. the policy shall be deemed not to include that
provision or such part held to be invalid, bUI all other provisiom shall remain in full
forct' ,md effect.
17. CHOICE OF LAW, FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten
the risks covered by Ihis policy and determined the premium charged therefor
in reliance upon the law affecting interests in real proper1y and applicable
to the interpretation, rights, remedies. or enforcement of policies of title
insurance of the jurisdinion where the Land is located.
Therefore, the cour! or an arbitrator shall apply the law of the jurisdiction
where. the_ Land is iocated to detemline the validity of claims against the
Title [hat are adverse to the Insured and to interpret and enforce the terms of
this policy. In neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(0) Choice of Forum: Any liligation or other proceeding brought by the lnsured
against the Company must be filed only in a state or federal court within the
United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given -10 the Company under this policy must be given to the Company at
Fidelity National Tille Company
National Claims Administration
P.O_ Box 45023
Jacbonville. Florida 32"232-5023
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
.
.
~
"
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
~~~1.0~100~
1111111111111111111111111111111111111111111111111 $56,00
00210572200100579990040048 09/05/2001 02 :51: 12 PM
RPR-ES"T Cnl=4 Sln=6 CASHIER 05
$15.00 $20.00 $10.00 $11.00
Tl17-o2-11-3200
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
RECITALS:
] . Declarant: The private easements for drainage, slope, maintenance, and access described herein
are declared and granted by Thomas Dean in his capacity as Trustee ofthe 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
1152 - 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
2"" 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 of the foregoing recitals, which are expressly made a part ofmis
declaration;the undersigned hereby declares as follows:
]. GRANT AND DECLARA nON 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 Access Easement," attached hereto and incorporated herein.
Date Received:
Page - 1 Levi Landing 2'" Addition -- Drainage, Slope, Maintenance and Access Easements aj6260l
OCT - 6 2010
Original Submittal
.J
.
.
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 s!town
on Exhibit "A.
4. Said easements are not personal or in' gross but are appurtenant to each and every portion of the
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 oftitle 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"" 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~7ltthis~daYOf /::;- ,2001. .
--t . '7"..z.t..~...
THOMAS K. DEAN, IN HIS CAPACITY AS TRUSTEE
OF THE JAMES A. PAULSON TRUST
(" . " IAl SEAL
. DHF.15 wlUlTENBEE
, NO' AI'Vf'II~L1C OREGON
"R.'/ COt\.4MIS~'()N NO. 321949
. My r.t:M~I~.'iiin.; tXPIt1.tSAPR. 16. 2003
ACKNOWLEDGMENT
STATE OF OREGON )
) ss.
County of Lane )
On t::.A? ~ / , personally appeared the above-named Thomas K. Dean in his capacity as Trustee
for the James A. Paulson Trust and and acknowledged the fOreg~~~
~UblicfOrOregon~)L/'..,j '"
. My commission eXPires~
Date Received:
Page - 2 Levi Landing 2'd Addition - Drainage, Slope, Maintenance and Access Easements aj6260:
OCT - 6 2010
Original Submittal
"
.
.
,
'''.:'---'<>"
Exhibit A -- Grants of Private Easements
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Date rb~ved:
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LEVI LANDING 2ND. ADD.
PUBLIC IMPROVEMENTS
SITE Pt.AN AHD UTIUTT PLAN
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Exhibit B - Grants of Private Easements
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, T17S, 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 SI006'59"W 197.51 feet
to a point; thence S24OJO'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 NI006'59''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
.
.
--- -- -~. - ..--..--------------...
DI~islon of Chle"f Deputy Clerk 2aBl.a5199~
Lene County Deeds end Records UU U
1\ 111111 \ \ \ I \ \ II \ 111111111\ \11\\ I \ I \ 11111 \ 1111111 $56,00
0021056820010057998006006909/05/2001 02:51 :12 PM
RPR-ES"T Cntc2 Slnc6 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:
I. 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 DECLARA nON OF EASEMENTS: There is hereby declared and conveyed
from Grantor to Grantee a nonexclusive public easement for pedestrian, nonmotorized vehicle,
Date Received:
Page -1 Jacob Lane-Ruff Park Pedestrian Access Easement nj62601
OCT - 6 2010 "
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 200
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 "0," 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 ofTentative 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 consistentMWf~If<~$l.l}.\t. d'
local, state, and federal regulations and permits and with all other conditions, eas~~nYs7 .
OCT - 6 2010
Page - 2 Jacob Lane-RutTPark Pedestrian Access Easement
aj62~riginal Submittal
.
.
and restrictions of record, including 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 coricurrently with this declaration.
II. This 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
e1Jz:ad 'si .trum.:ntthiS J.c[ dayof J~ ,,',~O~~:.e$:S _
~n ' . OFFICIAL SEAL
. II~U "7v~ DENNIS WARTENBEE
Thomas K. Dean, in his capacity as trustee , i NOTARY PUBLIC _ OREGON
Ofth J A P I T \..../ COMMISSION NO. 321949
e ames . au son rust MY COMMISSION EXPIRES APA. 16, 20113
~.
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ACCEPTANCE: The conveyance set forth in this instrument conveying title or interest to
WilIamaIane Park and Recreation District is hereby approved and the title or' interest conveyed
herein is hereby accepted, including maintenance and repair responsibilities as set forth therein.
WillamaIanc Park and Recreation District
.'?Q
,,-~,,--') .:\ ~
Blake Hastings, President
ACKNOWLEDGMENTS
STATE OF OREGON )
County of Lane )
ss
I) OFFICIAL SEAL
, DENNIS WARTENBEE
\ i NOTARY PUBLIC - OREGON
".."" COMMISSION NO. 321949
MY COMMISS;QN EXPIRESAPA. 16, 2003
--=-....
On ~, f '2-1 f 0 C, personally appeared the above- amed Thomas K. Dean in his capacity as
Trustee lor the James A. Paulson Trust and acknowl gel the foreg i, to his oluntary act
and deed. '
..:"..i.;:':,.,;. ..~-":~';'~SEAL
DENNIS WARTENBEE
NOTARY PUBLIC - OREGON
COMMISSION NO. 321949
MY C MISSION_W;~ES APR. 16, 2003
....,$.:.......
County of Lane )
I J / / Original Submittal
On fR /J'l / [) . personally appeared the above-named Blake Hastings and Robert W.
Keefer4n"their capacities as President and Secretary Willamalane Park and Recreation
District and acknowledged ~~ f:e~Oi;~g ~~cePtan\~o B their ~Ol n, G and d.eed.
.' ,'.>, . ..' >.'~. -~ '-- - " );)otary pubhc for Oregon
'oJ . OFfiCIAL SEAL .
~.. DENNIS WARTENBEE My commission explfes: I JI ilo ~'3
~ ; NOTARY PUBLIC - OREGON 7 J
I ..... ./ COMMISSION NO. 321949
~ MY COMMISSIOii EXPIRES APA.16. 2003
I:~..,.~~-."E~~'~~;"~~~
Page - 3 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
STATE OF 0
otary public for Oregon ' .
y commission eXPires!'~.JReCeIVed:
OCT - 6 2010
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PEDESTRIAN
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OCrl16 2010
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Original SubinittaJ
"'-,. ~_ LEVI LANDING 2ND. ADO.
PUBLIC IMPROVEMENTS
SITE Pl....N AKD UTIUT'f Pl.""
"V EeR .t- A..ocia.t.., Inc.
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&PPlINQlE1D. OREGON
.
.
EXHmIT B
PEDESTRIAN
ACCESS EASEMENT
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, Il7S, R2W, WM, from which the NW comer of said Donation Land Claim No. 4&
bears N88019'05"W 935.85 feet, thence leaving said north line S I006'59"W 197.51 feet
to a point; thence S24"30'57"W 228.79 feet to a point; thence along the arc of a 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 N1 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
.
.
-
" .
EXHIBIT 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, Tl7S, R2W, WM, bears Nlo45'50"E 424.43 feet and N88019'05''W
349.80 feet, thence S88053'01"E 105.00 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 Nlo45'50"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 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 S65OZ9'02"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 Slo45'50"W
424.43 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 Counly Deeds and Records
,
~~U-0~~~~~
1111111111111111111111111111111111111111111111111 $66.00
00210560200100560020090094 09/05/2001 02 :51: 12 P"
RPR-EsnT 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, Trustee, James A. Paulson Trust
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 "B." The Property is tht; area within the plat which is north of the ""No-Fill
and No-Build Line" and within the Eugene-Springfie]d 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 a1] or part of the nonresidential tract(s) to WilIamalane
Parks and Recreation District together with the two residential lots (Lots 62 and 63) on either
side ofthe 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.
Date Received:
Page - 1 Levi Landing Conservation Easement
ajdd6290 I
OCT - 6 2010
Original Submittal
.
.
C. The consideration for this easement is other than money.
D. The purposes of this grant of easement are:
(1) 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 park
uses to the north.
(4) To provide for bioswale treatment of stormwater runoff from the subdivisio[
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 11 ,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 includ.i!lg but not limited
lJate Received:
Page - 2 Levi Landing Conservation Easement 'jdd62901
"(iii)
"(iv)
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 comult
with Rural Thurston, Inc. and City in the drafting of the easement."
Paragraph 8 provides as follows:
"8. WiIlamalane Access Issues.
"A. Maintenance and emergencv. 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 LLC).
"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
Willarnalane 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 significantly
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 Tentati w 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
Date Received:
Page - 3 Levi Landing Conservation Easement
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 acthities
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 <s
specifically provided herein.
(7) Campgrounds.
(8) Permanently-anchored play structures.
(9) Fencing, except as expressly permitted herein.
(10) Raising or pasturing livestock.
(11) 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 flow-
impeding vegetation.
(IS) 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
Page - 4 Levi Landing Conservation Easement
ajdd62901
Date Received:
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 of Intention 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 cured
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
Page - 5 Levi Landing Conservation Easement
ajdd62901 Date Received:
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; Willarnalane Park and Recreation District; and Rural Thurston, mc.
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 lind 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 this
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 thereby. If any provision
in this instrument is found to be ambiguous, an interpretation consistent with 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, me., or their
successors. To be effective such approvals must be acknowledged and recorded pursuant to 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 I
OCT - 6 2010
Original Submittal
.
.
.'
Easement terminate 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
r;L 12 ~'5" Dore'~
ACKNOWLEDGMENT
. "'--~
OFFICIAL SEAL .
, DENNIS WARTENBEE
\. ./ cNOTARY PUBLIC - OREGON
'.' OMMISSJON N
MY COMMISSION EXPIRg..J:.W~~o,
STATE OF OREGON
)
)
County of Lane )
On 6/ ~ ,2001, personally appeared the above-named Thomas K. Dean and
acknowle ged he foregoing to be his voluntary act and deed in his capacity as trustee for t!:xl
'_A. """loo"Tru.c !?--=.~
otary Public for Oregon , /
My Commission Expires P/6jg
ss.
Date Received:
Page - 7 Levi Landing Conservation Easement
ajdd6290J
OCT - 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, T178, R2W, WM, bears NI 045'50"E 424.43 feet and N88019'05"W
349.80 feet, thence S88053'01"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 Nl045'50"E 53.00 feet to a point; thence 888053'01"E 300.00 feet
to a point; thence 8I045'50"E 53.00 feet to a point; thence 888053 'Ol"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 877011 '02"E 51.51 feet) to a point; thence S65OZ9'02"E 48.00 feet to a
point; thence N24030'58"E 53.00 feet to a point; thence S65OZ9'02"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. 43;
thence along said north line N88019'05"W 614.55 feet to a point; thence Sl045'50"W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal
'I
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. EXHmIT B
~VI LANDING 2ND ADD.
CONSERVATION EASEMENT
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LEVI L.ANOING 2NO. AOD.
PUBLIC IMPROVEMENTS
SITE Pl.AN AND UTILITY PLAN
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SPRINGFIELD, ORECON
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 I 0 5th Street
Springfield, OR 97477
Robert D. Ridge and Amy D. Ridge
6694 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 2 OF 3
The parties to this transfer are (I) Robert D. Ridge and Amy D. Ridge, hereinafter referred to as
Party I 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 I. 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 64 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 March 22, 2004 as Reception Number 2004-
019746 in the Lane County Oregon Official Records.
The legal description of Party 2's property prior to this adjustment is described in "Exhibit A"
attached hereto and made a part hereof, as said Party 2's property was adjusted by that Property
Line Adjustment Deed 1 of 3 recorded on , 20 I 0 as Reception Number
2010- in the Lane County Oregon Official Records.
The line being adjusted herein is the entire common line between said Lot 64 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 B" 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 C" to Party 2 as said exhibit is attached hereto and made a part hereof.
The description of Party 1 's property after this adjustment is described on "Exhibit B" attached
hereto and made a part hereof. .
The description of Party 2's property after this adjustment is described on "Exhibit C" attached
hereto and made a part hereof.
Date Received:
OCT -6 2010
Original submittal
Property Line Adjustment Deed 2 of 3
Page 1 of6
.
.
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 I I, 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 1 I, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO
9 AND 17, CHAPTER 855, OREGON LAWS 2009.
Dated this
I Y +1-
day of ~f-bYnbti.a
,2010.
Party 1 and 2
\LJ v' e..-V
Robert D. Ridge
~DI~'
Amy D. Rid e
STATE OF OREGON )
County of Lane )SS
On Sc $ W1~/L; ~, 2010 personally appeared the above named Robert D.
Ridge ana Amy D. Ridge and acknowledged the foregoing to be their voluntary act and deed.
~~~
Notary Publi or Oregon
. OFFICIAL SEAL
, .; SABRINA J VAN BEENEN
....i NOTARY PUBUG-OREGON
COMMISSION NO. 443993
m COMMISSION fXPlnES NOVEMBER 3, 2013
Party 2
~l/
Brian K. Gesik
-
L~ /'
Chery esik
~
STATE OF OREGON )
County of Lane )SS
On ~/v 'u7r~, 2010 personally appeared the
Gesi and Cheryl Gesik and acknowledged the foregoing to be thejJ:
above named Brian K.
tJtii act and deed.
. OFFICIAL SEAL
CHRISTOPHER COLIN CHRI. ST ENSEII
. ' NOTARY PUdLlC . OREGON
COMMISSION NO.4'J'iOD
M'f COMMISSION EXPIRES OCT. 20, 2012 !
".
l1m~J,. poJ/
~--U~
J ie K. Parks Date Received:
)
)SS
OCT - S 2010
STATE OF OREGON
Coun of Lane
'3 Original Submittal
/ , 2010 personally appeared the above named Brandon L.
amie K. Parks and acknowledged theQegoing to be their voluntary act and deed.
. OFFICIAL SEAL b ~., n ~
,~, ROBIN D PARKS lb V'l---' ~~
.. ""'iJ.; NOTARY PUBLIC. OREGON .
..... ., COMMISSION NO. 432228 Notary Public for Oregon
MY CO>,1MISSION EXPIRES OCTOBER 13, 2012
Property Line Adjustment Deed 2 of3
Page 2 of6
.
.
mi~J)~-
Eldon Shaw
~~
J- ;(J1VL~
Laura 1. Shaw
STATE OF OREGON )
County of Lane )SS
On ~~"-'~ (\ tJ::, 2010 personally appeared the above named Eldon Shaw
and Laura 1. Shaw and acknowledged the foregoing to be their voluntary act and deed.
l\~i~l~cg6JJc
. OffiCIAL SEAL
WilliAM K ROBINETTE
NOTARY PUBLIC . OREGON
COMMISSION NO. 443653
Ml'ClCMAIlSlCN El<I'IRESOC! 30. 2013
Notary Public for Oregon
Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 2 of3
Page 3 of6
.
.
EXHIBIT A
LANDS OF PARTY 2
BEFORE 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:
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
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 OJ 006' 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 ofbegiIU1ing.
Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 2 of 3
Page 4 of6
.
.
EXHIBIT B
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 64 of Levi Landing Second Addition as platted and recorded in the Lane County Oregon Plat
Records
ALSO
Beginning at the northeast corner of Lot 64 of Levi Landing Second Addition as platted and
recorded in the Lane County Oregon Plat Records; thence
Along the east boundary of those lands described in Exhibit B of that Property Line Adjustment
Deed I of3 recorded on ,2010 as Reception Number 2010-
in the Lane County Oregon Official Records, the following course:
North 04056'32" East, 270.52 feet to the north line 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 north boundary of said Tract A the following course:
North 88019'11" West, 95.00 feet to a point; thence
South 01045'49" West, 270.87 feet to the northwest corner of said Lot 64; thence
Along the north boundary of said Lot 64 the following course:
South 88053'01" East, 80.00 feet, returning to the point of beginning.
Date Received:
OCT - 6 2010
Original Submittal
Property Line Adjustment Deed 2 of3
Page 5 of6
.
.
EXHIBIT C
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 Willamette Meridian and described as
follows:
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
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 01006'59" East, 201.84 feet, and
North 88019'11" West, 299.86 feet to a point; thence
South 01045'49" West, 270.87 feet to the northwest comer of Lot 64 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, 250.34 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 2 of 3
Page 6 of6
'.
.
.
./
Recorded at the request of and
after recording return to;
Branch Engineering
310 5th Street
Springfield OR 97477
True consideration for this con\'eyance is $-.JL,
PRIVATE 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 1. 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 1.
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 ofland 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 leaving 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' 1 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, 209.26
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, 453.28
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 1 on recorded on
,2010 as Reception Number 2010- in the Lane County
Oregon Official Records, described in Exhibit B of that Property Line Adjustment Deed 2 on
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 RecD~ff~tf8' d'
split equally between the owners of the benefitted property. Following any such mam~enance ~Ive ,
eeT - S 2010
PRIVATE ACCESS EASEMENT
Page I of2
Original Submittal
"
.
.
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
JepJ.(;I1 P-
,2010.
GRANTORS & GRANTEES:
~\C--
Brian K. Gesik
~~
Che .Geslk
STATE OF OREGON )
County of Lane )SS
On 5e;kll1t,v vrv 2010 personally appeared the above
Gesik and Cheryl Gesik and acknowledged the foregoing to be their
-=~oll:iC1ALSEJ\L
. CHRISTOPHER COLIN CHRISTENSEN
, 'NOTARYPUdLlC-OREGON
COMMISSION NO. 433709
MY COMMiSSiON EXPiRES OCT. 26, 2012
~~~~ -~~~
&p!;, W-- ~~E~
named Brian K.
ct and deed.
STATE OF OREGON )
County of Lane )SS
On ~ 6 I 2010' , 2010 personally appeared the above named Brandon L.
Parks ~dJaIllie K~:F::~::LaCknOWled~ed tfjregoing to ~ th~~OIU~ary act and deed.
ROBIN o PARKS ~U '- VJV~ 2----'
NOTARY PUBUC - OREGON .
COMMISSION NO. 432228 Notary Public for Oregon
MY COMMISSION EXPIRES OCTOBER 13, 2012
~v- D '--
Robert D. Ridge !(~-
(~ is Wr,
Amy D. dge -
STATE OF OREGON )
County of Lane )SS
./fU ('-f , 2010 personally appeared the above named Robert D.
d AmvcftlcRAdg~ ac wledged the foregoing to be their voluntary act and deed.
SAB1'lINA J VAN BEENEN
NOJARY PUBUC-QREGON
COMMISSION NO 443993 () 0 ,,~ A 0) /1.
MY COMMISSION EXPlIlcS NOVEMBER 3, 2013 Al J...( ~ ~
Notary Public r Oregon
(gJJ(JV1 -sA a-U r
Eldon Shaw
?/Jo...lv~ -.J..
Laura 1. Shaw
~
STATE OF OREGON )
County of Lane )SS
<. . .~
On ~k\A-~ (( --- ,2010 personally appeared the above named Eldon Shaw
andLaur 1. Shaw and acknowledged the foregomg to be thelf voluntary act and deed.
v%G~~~,~~~ed
Notary Public for Oregon I -,J L;J'O
. OFFICIAL SEAL
WILLIAM K ROBINEHE
NOTARY PUBLIC ..OREGON
C.OMMISSION NO, 443653
MfCXJolMSSlC:tjE)qIIRESOCT 30;2013
PRIVATE ACCESS EASEMENT
Page 2 of2
Original Submittal
~
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( Division ~Chlef Deputy Clerk
Lane County Deeds'and Records
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BERJAC OF OREGON
P.O. BOX 726
EUGENE, OR 97440
Grantor's Name and Address
ELDpN SHAWL
,-",<;;).. ...:.A1!.(Jb N
... Sp "'IN '1 f,-elr e/., oR. 97 '17'i
Grantee's Name and Address
~ERG~INnfID TITLE CO.
P:O. BOX 931
SPRINGFIELD, OR 97477
Until a change is requested, all tax statements shall be
sent to the foUowing address.
SAME AS GRANTEE
1111I11111111111111111111111111111111111111111111 $26,00
00637487200400824980010014 10/25/2004 02:29:33 PM
RPR-DEED Cnt=1 Stn=7 CASHIER 06
$5.00 $11.00 $10.00
'I
TITLE NO, ELT46392
ESCROW NO. SI'04-I7492
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 THOM~S K. DEAN, trustee of
JAMES A PAULSON REVOCABLE LIVING TRUST, dated October 7th, 1998
hereillafter called gralltor, for the cOllsideratioll hereillafter stated, to gralltor paid by
ELDON SHAW and LAURA I. SHAW, husband and wife and SAMUEL HARRISON a,!d 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 gralll, bargain, sell and COIIVey unto the said grantee alld grantee's heirs,
successors alld assiglls, that certaill real property, with the tellements, hereditaments and appurtenances thereunto belollging
or appertainillg, situated in the COUllty of LANE and State of Oregon, described.a~fo!lowJzt~~it:
TRACT "A", LEVI LANDING 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 Ha.. alld to Hold the same UlltO the said grantee and grantee's heirs, successors alld ass/gllsforever.
And said gralltor hereby covenalllS to alld with said grantee alld grantee's heirs, successors alld ass/glls, that grantor is
lawfully seized ill fee simple of the above grallled premises, free from all encumbrances except
2004-2005 Real Property Taxes, a Lien now due and payable.
Subject to any and all easements, restrictiolls alld covellallts of record
and that gralltor will warralll alld forever defend the said premises and every part alld parcel thereof against the lawful
claims alld demallds of all persolls whomsoever, except those claiming under the above described encumbrances.
The true alld actual cOllsideratioll paid for tMs trallsfer, stated ill terms of dollars, is $ 6,000.00.
.However, the actual cOllsideration consists of or includes other property or value givell or promised which is (the
whole/pan of the) consideration (indicate which). ... (The sentence between the symbols"', if not applicable should be
deleted. See ORS 93.030.)
III cOllstruillg this deed and where the cOlltext so requires, the singular illcludes the pluml and all gmmmatical challges
shall be implied to make the provisions hereof apply equally to corporations and to individuals.
II! WitllessWhereof, the grantor has executed this illstrummt this October 25 day of October 25 .
20 ~ if a corporate gralltor, it has caused its name to be siglled alld seal affixed by ils officers, duly authorized thereto
by order of its board of directors.
TillS INSTRUMENT WIL
LAND USE LAWS
TO THE PRO IT S
USES AND TO E
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMENT IN VIOLATION OF APPLICABLE
ULATIONS. B GNING OR ACCEI'fING TIllS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
D CHECK TH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
ANY S ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS .30."0.
Partner
Date Received:
? I k/- t7a u<ff/l-
THOMAS K. DEAN, trust.. ot JAMES A PAULSON REVOCABLE LMNG TRUST
OCT - 6 2010
STATE OF OREGON, COUNTY OF inNJt.-
Original Submittal
)ss.
TillS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON O~ 7OJ3l/L .J<.~
THOM K. DEAN, trustee JAM A PAULSON REVOCABLE LIVINGTRUsr, dated
A I Michael Holcomb, as
. 20~ BY BERJAC OF OREGON BIId
October 7th, 1998
Partnl
My commission expires:
,f--/ /..() 7
(I 0 ICIAl SEAL
SHAWNA LOYD
i NOTARY PUBLIC-OREGON
" COMMISSION NO. 371443
MY COMMISSION EXPIRES AUGUST 11. 2007
.....E:~
.,
", ,.I,fT,ifl REC0RDING RETU~.()
FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF OREGON
800 WILLAMETrE ST., #500
EUGENE, OR 97101
,
Division of Ch4lt Deputy Clerk
lane County Deeds and Records
,
l~J~.~19~~~
RECORDI.NG REQUESTED BY:
Fidelity National Title Company of Oregon
~1{~~1!l~0ImlWlIJj~1IJWJ!lllllllllllll
Rf'R DEED C tIS . 06/24/2010 11 :04 :54 AM
- n = tn=1 CASHIER 05
$10.00 $11.00 $16.00 $10.00
$47,00
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 #1 722535
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 foilowing described real property free of encumbrances except as specificaily set forth
herein:
Tract "A", LEVI LANDING 2ND ADDITION, REPLA T 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 ..h:..rtl 0
Date Received:
OCT - 6 2010
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State of OREGON
COUNTY of Lane
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M omml ion expires:
Notary Public - State of Oregon
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. OFFICIAL IlEAL
VICKIE L IIAUCaIlIUtI
NOtARY PUeUC. OREGON
COMMISSION NO. 410818
MY COMMISSION EXPIRES DEC. ,18. 2010
Date Received:
OCT - 6 2010
Original Submittal
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GORDON B. EVANS
85865 RIDGEWAY ROAD
PLEASANT HILL, OR 97455
Grantor1s Name and Address
ROBERT D. RIDGE
6694 JACOB LANE
SPRINGFIELD, OR 97478
Grantee1s Name and Address
After recordin,K return to:
EVERGREEN LAND TITLE CO.
P.O. BOX 931
SPRINGFIELD, OR 97477
Until 8 change is requested, a1J tax statements shan be
sent to the roUowing address.
SAME AS GRANTEE
r-.----.-_____
~Ivlslon of Chief Deputy Clerk '
ane County Deeds and Records 2~~~.~1~1~g
~J'1'~1~~lE~WW1~111Jl~m'I'" III III $26,00
RPR-DEED Cnt=1 Stn-_6 03/2212004 10'28' 43 (IfI
CASHIER 07 "
S3.00 S11.00 S10.00
TITLE NO. ELT-44414
ESCROW NO. S1'03.16526
TAX ACCT. NO. 1677564
MAP NO. 17.02.34.11.09700
WARRANTY DEED. STATUTORY FORM
(INDIVIDUAL OR CORPORATION)
KNOW AU MEN BY THESE PRESENTS, That GORDON B. EVANS and LINDA M. EVANS, husband aud
wife
hereinafter called grantor, for the consideration hereinafter stated, to grantor paid by
ROBERT D. RIDGE and AMY D. RIDGE, husband and wife
hereinafter called grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee'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 as follows, to-wit:
Lot 64, LEVI LANDING 2ND ADDITION, as platted and recorded in File 75,
Slides 1152 thru 1155, inclusive, Lane County Oregon Pial Records, in
Lane County, Oregon.
To Have and to Hold the same unto the said gralllee and grantee's heirs, successors and assigns forever.
And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is
lawfully seiud in fee simple of the above granted premises, free from all encumbrances except ",r 0 ~ E
Subject to any and all easements, restrictions and covenants 01 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 wholllSoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terlllS of dollars, is . $288,000.00.
.BoweJ1e" -Mr nr.tual consideration consists of or includes other prnpert] nT valUl~ given or ~nrmnjf;:DtI ~)/'jr.h ir; f!!le
wlwlelpart 0: 'be) consideMlioll (illdicatB !I'M..'!).' (The sentence between the symbols', if not applicable should be
deleted. See ORS 93.030.)
In construing this deed and where the COlllext so requires, the singular includes the plural and all grammatical challges
shall be implied to make the provisions hereof apply equally to corporations individuals. fY'{{ Ir/" g ,
tl;itness Wltereof, the grantor lias executed this instrument this (-- day of r~ .
20 . if a corporate grantor, it has caused its name to be signed and sea affixed by its officers, duly authorized thereto
by ord of its board of directors.
THIS INsrRUMENT WILL NOT ALWW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TillS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
UjANDTODETERMINEANY LIMITS ON LAWSUITS AGAINST FARMING ORFORESTPRACfICES ASDEFlNED INORS 30.930.
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GORDON B. EVANS - .
ftf~A ~$'
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. OFACIALSEAl
. ." DICKIE MOGSTAD
:. . j NOTARY PUBLIC. OREGON
..... /.- COMMISSION NO. 34613B
MY COMMISSION EXPIRES JUNE 24, 2005
STATE OF OREGON, COUNTY OF
{) om BY GORDONB. EVAN~and
My comm;",,;on up;r.., 6 '04 r 0 ~ Date Received:
OCT - 6 2010
Original submittal