HomeMy WebLinkAboutApplication APPLICANT 10/6/2010
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Property Line Adjustment
Adjustment #3 of 3
Required Project Information (Applicant: complete this section)
A Iicant Name: Brandon L. Parks and Jamie K. Parks Phone:
Com an :
Address: 6680 Jacob Ln, Springfield OR 97478
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
Tax Lot #: 5800
Assessors Ma #: 17-02-34-11
Pro
Address: 6680 Jacob Ln, Springfield OR 97478
Pro Owner: Brandon L. Parks and Jamie K. Parks Phone:
Com an
Address: 6680 Jacob Ln, Springfield OR 97478
Fax:
Assessors Ma #: 17-02-34-11
PROPERTY 2
Tax Lot #: 15400
Pro Address: none - vacant
Pro
Owner: see attached list
Phone:
Fax:
Com an
Address: see attached list
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Pro osal: Adjust property lines to match usage and avoid future deed confus on
A lication Fee:
II 0 .- 6l}Oo"3 .J &:lIQ q
Date: IO/~
Reviewed b : ~
Associated A lications:
Case No.:',
Technical Fee:
TOTAL FEES:
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R: r~ \D -0000 I
OCT - 6 2010
Revised 1/1/08 Molly Markarian
1 of 4
Original Submittal
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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Signature
Date:
If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Property
Owner 2:
Brandon L. Parks or Jamie K. Parks
Print
~ 1.@/~~~Date:
Signature
Brandon L. Parks or Jamie K. Parks
Print
If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
see attached list
Signature
Date:
see attached list
Print
Date Received:
OCT - 6 2010
Original submittal
Revised 1/1/08 Molly Markarian
2 of 4
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OWNERS LIST AND SIGNATURES
FOR
17-02-34-11 TL 15400
Brian K. Gesik and Cheryl Gesik
6718 Jacob Lane
Springfield OR 97478
AL
Brian K. Gesik or
Robert D. Ridge and Amy D. Ridge
6694 Jacob Lane
Springfield OR 97478
Brandon 1. Parks and Jamie K. Parks
6680 Jacob Lane
Springfield OR 97478
Eldon Shaw and Laura 1. Shaw
6652 Jacob Lane
Springfield OR 97478
!W~JL
Eldon Shaw or Laura 1. Shaw
Date
C( -,}u-( 6
Date
q-I Lf'.;JD I V
Date
1-(3- 20rO
Date
Date Received:
OCT - 6 2010
Original Submittal
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Property Line Adjustment Application Process
1. Applicant Submits a Property Line Adjustment Application to the Development
Services Department
. The application must conform to the Property Line Adjustment Submittal
Requirements Checklist on page 4 of this application packet.
. Planning Division staff screen the submittal at the front counter to determine
whether all required items listed in the Property Line Adjustment Submittal
Requirements Checklist have been submitted.
. Applications missing required items will not be accepted for submittal.
2. City Staff Conduct Detailed Completeness Check
. Planning Division staff conducts a detailed completeness check within 30 days of
submittal.
. The assigned Planner notifies the applicant in writing regarding the completeness of
the application.
. An application is not deemed technically complete until all information necessary to
evaluate the proposed development, its impacts, and its compliance with the
provisions of the Springfield Development Code and other applicable codes and
statutes have been provided.
. Incomplete applications, as well as insufficient or unclear data, will delay the
application review process and may result in denial.
3. City Staff Review the Application 8r. Issues a Decision
. This is a Type I decision and thus is made without public notice and without a public
hearing since there are clear and objective approval criteria and/or development
standards that do not require the use of discretion.
. Decisions address all the applicable approval criteria and/or development standards.
. Applications may be approved, approved with conditions, or denied.
. The City mails the applicant and any party of standing a copy of the decision, which
is effective on the day it is mailed.
. The decision issued is the final decision of the City and may not be appealed.
Date Received:
OCT - 6 2010
Original Submittal
Revised 1/1/0B Molly Markarian
3 of 4
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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.
~ Property Line Adjustment Application Form
~ Copy of the Deed for all properties involved in the property line adjustment.
[!] Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances for all properties involved in the property line
adjustment.
~ Draft of the Property Line Adjustment Deeds in compliance with ORS 92.010 and
92.190(4). Recording of these deeds with Lane County shall be a condition of approval.
~ Narrative explaining the purpose of the proposed development, the existing use of the
property, and any additional information that may have a bearing in determining the
action to be taken, including findings demonstrating compliance with SDC 5.16-125,
Property Line Adjustment Criteria.
o Three (3) Copies of a Preliminary Survey including the following:
[KJ Prepared, stamped, and signed by an Oregon licensed land surveyor
[KJ Scale appropriate to the area involved and the amount of detail and data
[KJ North arrow, date of preparation, and title, i.e. Proposed Property Line
Adjustment Survey
~ Boundaries of the lots/parcels involved, including dimensions and area
I!l Zoning and plan designation of the lots/parcels
[KJ Existing property line and proposed property line, clearly differentiated by line
type
I!] Location and outline to scale of all existing structures, including required
setbacks from current property lines and proposed property lines
Qg 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.
[R] Reference to the recorded Subdivision or Partition by name or reference number
and blocks, lot/parcel numbers, where applicable
Date Received:
OCT - 6 2010
0'. to' .. .
ngln3, -,uorn":~;I______
Revised 1/1/08 Molly Markarian
4 of 4
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NARRATIVE
FOR
17-02-34-11 TLs 9800 & 15400
(ADJUSTMENT #3 OF 3)
Proiect Description
The owners of 671 8,6694,6680 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 of time 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 ofhislher 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 ac{justment; both properties will continue to have
frontage on Jacob Lane.
C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the
minimum established by the applicable zoning districts in this Code;
Both properties are zoned LDR; therefore code section 3.2-200 must be consulted to confirm
conformance with this criterion. Table 3.2-215 Base Zone Development Standards establishes
the following criteria: minimum lot size = 4,500 sq.ft, minimum frontage ~ 45 feet, minimul'/1 d'
front yard setback = 10 feet, minimum rear yard setback ~ 10 feet, minimUlDatecR.'Ve .
OCT - 6 2010
Original Submittal
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setback ~ 5 feet and minimum garage front yard setback = J 8 feet. As can be seen by inspection
of the plans included in this submittal, both properties meet these criteria after the adjustment.
D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels
involved in the application;
The conditions of approval for Levi Landing, Levi Landing r 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 and/or private utilities to each lot/parcel in
the application or to abutting lots/parcels; or
All the surrounding properties are already developed and serviced with public and private
utilities. The existing treatment and conveyance facilities existing on Tract A already have an
easement and will not be influenced by the adjustment.
F. Increase the degree of non-conformity of each lot, parcel or structure that is non-conforming at
the time of application.
No non-conformities will exist after the adjustment.
Date Received:
OCT - 6 2010
Original Submittal
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Recorded at the request of and
after recording return to:
Branch Engineering
310 Sib Street
Springfield OR 97477
True consideration for this conveyance is $~.
PRIVATE ACCESS EASEMENT
Know all persons by these presents, that Brian K. Gesik, Cheryl Gesik, Robert D. Ridge, Amy D.
Ridge, Brandon 1. Parks, Jamie K. Parks, Eldon Shaw and Laura 1. Shaw, hereinafter referred to
as 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 1>8053'01" 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' 10" 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,
ofthe 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 of3 recorded on
,2010 as Reception Number 2010- in the Lane County
Oregon Official Records, described in Exhibit B ofthat Property Line Adjustment Deed 2 of3
recorded on , 20 I 0 as Reception Number 20 I 0-
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
20 I 0- in the Lane County Uregon Official Records and Lot 66 of
Levi Landing 2nd Addition as platted and recorded in the Lane County Oregon Plat Records.
The owners or occupiers ofthe parcels affected by these easements shall have the right to use
their property, including the areas described as the easements, for any purpose as long as the
owners or occupiers do not interfere with the use of the easements as granted by this instrument.
No vehicle parking or storage of vehicles shall be allowed by any party within the easement area,
including the agents, employees, tenants, and invitees of said owners.
The cost of any maintenance or repair of the driveway improvements within the easement area
and outside the 22.00 foot public pedestrian access easement granted by the Jacob Lane - Ruff
Park Public Pedestrian Access Easement and Maintenance Agreement recorded on September 5,
2001 as Reception Number 2001-057998 in the Lane County Oregon Official Records shall be
split equally between the owners of the benefitted property. Following any such maintenance or
Date Received:
PRIVATE ACCESS EASEMENT
Page 1 of2
OCT - 6 2010
Original submittal__- ..-
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repairs, the surrounding area shall be returned to equivalent or better condition than before said
maintenance or repairs.
To have and hold the above easement by the said Grantees, their successors and assigns forever.
Dated this
2Uf~
day of
Jef~p.-
,20]0.
GRANTORS & GRANTEES:
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Brian K. Gesik
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Che 7Geslk
STATE OF OREGON )
County of Lane )SS
On Sf! ki1f t,,/ V (];, 20] 0 personally appeared the above named Brian K.
Gesik and Cheryl Gesik and acknowledged the foregoing to be their ct and deed.
:::;>-::~>-~....-.::>=
OFFl':!AL SEAL
CHRISTOPHER ,;OLlN CHRISTENSEN
NOTARY Pl;dLlC, OR;GON
COMMISSION NO. 43_709
MY COMMISSiON EXPIRES OCT. 26, 2012
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County of Lane )SS
On ~ /3 I 2010 , 2010 personally appeared the above named Brandon L.
parkS.. mdJ~o K. P&b md &kn=I"':'" rrregoi,g 10 b~ tho" "Inn"" oct md ""'d.
. "":~=~"'" ~U~ WJ 2--'
". / COMMISSION NO, 432228 Notary PublIc for Oregon
MY COMMISSION EXPIRES OCTOBER 13. 2012
~'v- 2- ~~
Robert D. Ridge
STATE OF OREGON
f2h1~ b. WfL
Amy D. dge
STATE OF OREGON )
County of Lane )SS
.VZ-J l c.{ , 2010 personally appeared the above named Robert D.
d Am\dtldUdSMTI ac wledged the foregoing to be their voluntary act and deed.
SABRINA J VAN BEENEN
NOl ARY PUBUC.OREGON
COMMISSION NO. 443993 () 0 rv A (J) /J
MY COMMISSION EXPIHES NOVEMBER 3, 2013 ~ jU. ~W ~.JL..----.-
Notary Public r Oregon
/PJ(!VI ,JA a-U ;-
Eldon Shaw
d)CLt.-v'tA....- J..
Laura 1. Shaw
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County of Lane )SS
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On : kiA--~ ll"'- , 20]0 personally appeared the above named Eldon Shaw
and Laur 1. Shaw and acknowledged the foregomg to be their voluntary act and deed.
G~~!G-~lzrl.eceived:
Notary Public for Oregon
OCT .,. 6 2010
STATE OF OREGON
OFFICIAL SEAL
WILLIAM K ROBINEUE
NOTARY PI,IBLIC . OREGON
COMMISSION NO; 443653
MlCOJMSSICN EXPIRES OCT 30.2013
PRIVATE ACCESS EASEMENT
Page 2 of2
Original Submittal
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Recorded at the request of
and after recording return to:
Grantees:
Send Tax Statements to:
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Eldon Shaw and Laura 1. Shaw
6652 Jacob,t Lane
Springfield OR 97478
Eldon Shaw and Laura I. Shaw
6652 Jacob$ Lane
Springfield OR 97478
Grantors:
Grantors:
Grantors:
Brian K. Gesik and Cheryl Gesik
6718 Jacob Lane
Springfield OR 97478
Robert D. Ridge and Amy Ii. Ridge
6694 Jacob Lane
Springfield OR 97478
Brandon 1.. Parks & Jamie K. Parks
6680 Jacob L~ne
Springfield OR 97478
The true consideration for this conveyance is other than monetary.
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that Brian K. Gesik, Cheryl Geslk, Robert D.
Ridge, Amy D. Ridge, Brandon 1. Parks and Jamie K. Parks, hereinafter called Grantors, for the
consideration hereinafter stated, do hereby quitclaim all right, title and interest to Eldon Shaw
and Laura 1. Shaw, hereinafter called Grantee, and unto Grantee's heirs, successors and assigns,
all of that certain real property situated in the County of Lane, State of Oregon, described as
follows, to wit:
SEE ATTACHED EXHIBIT 'A'
To have and to hold the same unto the said Grantee and Grantee's heirs, successors and assigns
forever.
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 REGULA~IONS. 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 LA WS 2009.
Dated this
'Z..o-i\-
day of So ('-if",,, ~v
,2010..
Grantors
~1.W
Brandon 1. Parks
~.~/p~
J ie K. Parks
STATE OF OREGON )
County~ofLa~e )SS
On ~11/f2u...-.- } 3 , 2010 personally appeared the above named Brandon 1.
Parks and JamieK. Parks and acknowledged the foregoing to be their voluntary act and deed.
. ~HO""". , ewu v tJ)2 ~
~ ROBIN 0 PARKS -. d
~ N01ARYPUBLlC.OREGON NotaryPublicforOregon Date ReceIVe:
COMMISSION NO. 432228
MY COMMISSION EXPIRES OCTOBER 13, 2012
OCT - 6 2010
Quitclaim Deed
Page 1 of3
Original submittal
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L, ~Q. =* '2>- ~
Robert D. Ridge
() f^^ [j R.( 'd~
Am~~~e' J
STATE OF OREGON )
County of Lane )SS
On ~bQ.~ -11-, 2010 personally appeared the above named Robert D.
Ridge and Amy D. Ridge and acknowledged the foregoing to be their voluntary act and deed.
~-
- OFFICIAL SEAL
.' ~ SABRINA J VAN BEENEN
'~f!fl!J NOTARY PUBUC-OREGON
I '" COMMISSION NO. 443993
, MY COMM'SSION EXPII1ES NOVEMBER 3, 2013
~-,_..
, ~\-{ w\f3p .' ""-
Notary Public or Oregon
~L
Ll~ .-L
Chery eSlk
"r
./
Brian K. Gesik
STATE OF OREGON )
County of Lane )SS
On >el/un.tv '/.i!,'1, 2010 personally appeared the
Gesik and Cheryl Gesik and acknowledged the foregoing to be their v
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~.~:~~......~
K.
',;"'':.,AL SEAL
CHRIS' "iI'"'' ,:ljLIN CHRISTENSEN
NOI,',;" ocdJC-OREGON
COMi,t,,;SiON NO. 433709
MY COf,1MISSION ,XPIRES OCT, 26. 2012
~".;>
Notary Public for Oregon
Date Received:
OCT - 6 2010
Original Submittal
Quitclaim Deed
Page 2 of3
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EXHIBIT 'A'
SITVA TED 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:
BEING all those lands described in 'Exhibit C, Lands of Party 2 After Property Line
Adjustment' in that Property Line Adjustment Deed 3 of 3 recorded on
,2010 as Reception Number 2010- in the Lane County
Oregon Official Records, being more particularly 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, 379.86 feet to a point; thence
South 01045'49" West, 271.66 feet to the northwest comer of Lot 65 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, 330.34 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
Quitclaim Deed
Page 3 of3
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Recorded at the request of
and after recording return to:
for Lands described in Exhibit B
Send Tax Statements to:
for Lands described in Exhibit C
Send Tax Statements to:
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Brandon L. Parks & Jamie K. Parks
6680 Jacob Lane
Springfield OR 97478
Eldon Shaw and Laura 1. Shaw
6652 Jacobs Lane
Springfield OR 97478
..,
"
The true consideration for this conveyance is other than monetary.
PROPERTY LINE ADJUSTMENT DEED 3 OF 3
The parties to this transfer are (1) Brandon 1. Parks and Jamie K. Parks, 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 1. Shaw
hereinafter referred to as Party 2 and being a Grantor/Grantee herein.
This Deed is intended to adjust the boundary line between a parcel of real property owned by
Party I and an adjoining parcel of real property owned by Party 2. The parties are entering into
this Deed to agree on the property line separating their parcels to comply with City of Springfield
Land Use Regulations and the provisions of Oregon Revised Statutes 92.190(4).
The legal description of Party I's property prior to this adjustment is Lot 65 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 February 9, 2004 as Reception Number 2004-
008908 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 2 of3 recorded on , 2010 as Reception Number
2010- in the Lane County Oregon Official Records.
The line being adjusted herein is the entire common line between said Lot 65 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 l'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 3 of 3
Page 1 of6
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BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 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 I I, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO
9 AND 17, CHAPTER 855, OREGON LA WS 2009.
Dated this
w..t1.-
dayof S?f4e"Y\\oGv
, 2010.
Po", 1".' 2 W
B~P~
~O~~
Ie K. Parks
STATE OF OREGON )
coun~r;Lane )SS
!7
On' .,'.'-' , 2010 personally appeared the above named Brandon L.
Parks and Jamie K. Parks and acknowledged th 0 egoing to be their voluntary act and deed.
.',., OFFICIAL SEAL
.;.~ '. ROBIN D PARKS
\,.../ NOTARY PUBLIC - OREGON
, COMMISSION NO. 432228
MY COMMISSION EXPIRES OCTOBER 13. 2012
Notary Public for Oregon
Pa(ty 2
Q~J- V Q~
Robert D. Ridge ,
~ D. Ltd
AmyD. . ge ~
STATE OF OREGON )
Coun~ of Lane )SS
On ~ IItk wJ.oD~ J..!J..-, 2010 personally appeared the above named Robert D.
Ridge and Amy D. Ridge and acknowledged the foregoing to be their voluntary act and deed.
. OFFICIAL SEAL
SABRINA J VAN BEENEN
,~ NOTARY PUBLlC-OREGON
"'..' COMMISSION NO. 443993
MY COMMISSION EXPIRES NOVEMBER 3. 2013
~m~
Notary Public fi regon
~l(~
Brian K. Gesik
~~
Chery G~sik '
~
STATE OF OREGON )
Coun~ of Lane )SS
On Selhll V '2# ft1, 20 I 0 personally appeared the above named Brian K.
Gesik and Cheryl Gesik and acknowledged the foregoing to be their volunt act and deed.
.CHRlSTOP~:~I;;:t~~A~RISTENSEN
.' NOTARY f.. "jue - OREGON
COMM!~?',)i'! NO. 433709
MY COMMISSIO':!"~~;:! OCT. 26. 2012
.:;.-:''.:.~~:.:'':'~::>,"
..:;;-.:~:~.
N
OCT - 6 2010
Property Line Adjustment Deed 3 of 3
Page 2 of6
Original Submittal
.
.
PI ~'1
/' 'on. ( , au.;-'
Eldon Shaw -
"
-0a.uVL- \LX
Laura L Shaw
.f]~
STATE OF OREGON
)
County of Lane )SS
On ~ ~ \ (t!: , 2010 personally appeared the above named Eldon Shaw
and Laura L Shaw and acknowledged the foregoing tq be their voluntary act and deed"
, v/ l,~~~{u-lJLk~~
" Notary Public for Oregon
. FFIC L SEI-
WILLI ROBII.' 'IE
" NOT UBLIC . Olil . "ON
co N NO. 443053
30. 2013
Date Received:
OCT - 6 2010
Property Line Adjustment Deed 3 of 3
Page 3 of6
Original Submittal
.
.
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 01006'59" East, 201.84 feet, and
North 88019' II" 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 3 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 65 of Levi Landing Second Addition as platted and recorded in the Lane County Oregon Plat
Records
ALSO
Beginning at the northeast comer of Lot 65 of Levi Landing Second Addition as platted and
recorded in theLane County Oregon Plat Records; thence
Along the east boundary of those lands described in Exhibit C of that Property Line Adjustment
Deed 2 of3 recorded on ,2010 as Reception Number 2010-
in the Lane County Oregon Official Records, the following course:
North 0 I 045' 49" East, 270.87 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' II" West, 80.00 feet to a point; thence
South 01045'49" West, 271.66 feet to the northwest comer of said Lot 65; thence
Along the north boundary of said Lot 65 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 3 of 3
Page 5 of 6
.
.
EXHIBIT C
LANDS OF PARTY 2
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Eugene, Lane County, State of Oregon in the Northeast I/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' II" West, 379.86 feet to a point; thence
South 01045'49" West, 271.66 feet to the northwest comer of Lot 65 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 88053'0 I" East, 330.34 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 3 of 3
Page 6 of6
.
.
.'
FILE 75, SLIDES 1152 - 1155
Division of Chief Depuly Clerk
Lane County Deeds and Records
2~~1-05~~~2
1111111111111111111111111111111111111111111111111 $66.00
0021058020010058002009009409/05/200102:51:12 PM
RPR-ESKT 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 th() area within the plat which is north ofthe ""No-Fill
and No-Build Line" and within the Eugene-Springfield Metro Urban Growth Boundary as shown
on Exhibit B. Part of the Property is within the boundaries of the northern tier of residential lots
in Levi 2nd, and part is in a separate nonresidential tract or tracts reserved for pedestrian park
access, flood passage, open space, passive recreation, and bioswales. Before or after final plat
approval, Declarant expects to convey all or part of the nonresidential tract(s) to WilIamalane
Parks and Recreation District together with the two residential lots (Lots 62 and 63) on either
side of the pedestrian access leading from Jacobs Lane to Ruff Park, all as shown on Exhibit B,
subject to this easement and other requirements of the tentative plat approval.
Date Received:
Page - 1 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original Submittal
.
.
C. The consideration for this easement is other than money.
D. The purposes of this grant of easement are:
(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 parle
uses to the north.
(4) To provide for bioswale treatment of stormwater runoff from the subdivisior.
before it reaches stream channels.
(5) To implement requirements of (a) the City of Springfield's August 9, 2000
Tentative Plat Approval (Springfield Planning Department Jo. No. 199-06-0144,
August 9, 2000, hereinafter "Tentative Plat Approval") which requires that the
area north of the No-Fill and No-Build line be made subject to a conservation
easement;
(6) To implement Paragraphs 3 and 8 of the April 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 WilIamalane Park
and Recreation District. The easement shall provide that each of these parties
may seek enforcement of the provisions of the easement including but not limited
"(iii)
"(iv)
Page - 2 Levi Landing Conservation Easement
ajdd62901
Date Received:
OCT - 6 2010
Original Submittal
.
.
to specific enforcement through injunctive relief and also provide for the award of
attorney fees in the event that enforcement is necessary. The Trust shall comult
with Rural Thurston, Inc. and City in the drafting of the easement."
Paragraph 8 provides as follows:
"8. Willamalane Access Issues.
"A. Maintenance and emergency. The Trust shall provide suitable non-public
vehicular access to Ruff Park, including access for maintenance and emergency
vehicles to meet the needs of Willamalane. Such access shall be designed to be
shared with the Gosslers (dba Cold Spring Property 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
Willamalane Park and Recreation District as to the responsibility for and the type
of surface required on the pedestrian access. The Trust may include in its
subdivision process a request for a variance to allow a non-paved surface. The
neighbors shall support such a request."
E. There is one Levi Landing Homeowners Association for all phases of Levi Landing.
NOW, THEREFORE, in consideration of the above and the covenants, terms, conditions, and
restrictions contained herein, and pursuant to the laws of Oregon and in particular Oregon
Revised Statutes Chapter 271, Declarant hereby voluntarily grants, makes and declares a
conservation easement and restrictive covenant in perpetuity over the Property for the benefit of
the Levi Landing Homeowners Association, owners of Levi Landing 2nd Addition Lots 57-67,
Willamalane Park and Recreation District, the City of Springfield, and Rural Thurston, Inc., of
the nature and character and to the extent hereinafter set forth.
1. Nature and Purpose. It is the purpose of this easement to assure that the Property will be
retained in its open space condition and to prevent any use of the Property that will 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 Tentative Plat
Approval 'and Mediation Agreement referenced above. Nothing contained herein shall be deemed
to be a gift or dedication of any part of the Property to the general public or for the general public
or for any public purpose whatsoever. The easement granted herein is appurtenant and not in
gross.
2. Rights of Beneficiaries. To accomplish the purpose of this easement the following right5 are
granted to Beneficiaries by this Easement:
(I) To preserve and protect the conservation values of the Property;
(2) To enter upon the nonresidential tract portion of the Property at reasonable times
in order to monitor compliance with and otherwise enforce the terms of this
Page - 3 Levi Landing Conservation Easement
ajdd6290J
Date Received:
OCT - 6 2010
II
.
'oJ
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 ofthe 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 as
specifically provided herein.
(7) Campgrounds.
(8) Permanently-anchored play structures.
(9) Fencing, except as expressly pennitted 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 pennitted 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 fJow-
impeding vegetation.
(15) Pastures, orchards, row crops, and other non structural 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 n()t
permanently anchored.
(18) Stormwater treatment in accordance with the August 11, 2000 tentative
subdivision approval and the final plat to be recorded pursuant thereto.
5. Reserved Rights. Except as otherwise provided herein, Declarant reserves to itself and to its
successors and assigns all rights accruing from ownership of the Property, including but not
Date Received:
Page - 4 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original Submittal
.
.
limited to the following:
]. 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 Ulred
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 fmally cured, said beneficiary
may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms
of this Easement, to enjoin the violation, to recover damages, to require restoration or mitigation.
A beneficiary's remedies described in this paragraph shall be cumulative and shall be in addition
to all remedies now or hereafter existing at law or in equity. If any legal proceeding is
commenced for the purpose of interpreting Or enforcing any provision of this Agreement, the
prevailing party in such proceeding shall be entitled to recover a reasonable attorney's fee in such
proceeding, Or any appeal thereof, in addition to the costs and disbursements allowed by law.
Prior to pursuing a legal proceeding to enforce or interpret this Agreement, the parties shall first
attempt to mediate their differences, provided, however, this shall not prevent a party from
seeking a stay or other injunction relief, or from filing or perfecting an appeal, pending such
Date Received:
Page - 5 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original Submittal
.
.
mediation.
9. Third-party enforcement rights. This easement, including the remedies provided in
Paragraph 8, benefit only the specified beneficiaries hereof, which are: Levi Landing
Homeowners' Association, a non-profit corporation; owners of Levi Landing 2nd Addition lots
(Lots 57-67), portions of which are within the Property subject to this easement; the City of
Springfield; WilIamalane Park and Recreation District; and Rural Thurston, Inc.
10. Acts Beyond Declarant's Control. Nothing contained in this Easement shall be construed
to entitle a beneficiary hereof to bring any suit or action against Declarant for any injury to or
change in the Property resulting from causes beyond Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Declarant
under emergency conditions to prevent, abate, or mitigate significant injury to the Property
resulting from such causes.
11. Maintenance. The owner of fee title to the Property is responsible upkeep and maintenance
of the underlying property.
12. Recording, Declarant shall record this instrument in timely fashion in the official records of
Lane County, Oregon.
13. Construction and Severability. If any provision of this easement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the provisions of 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 servitnde running in perpetnity with the Property.
16. Amendment. The subject easement and other terms of this instrument may only be modified
with the written approval of the Declarant, Willamalane Park and Recreation District, the Levi
Landing Homeowners' Association, the City of Springfield, and Rural Thurston, Inc., or their
successors. To be effective such approvals must be acknowledged and recorded pursuant te the
law of the State of Oregon.
17. Termination of Rights and Obligations. Declarant's rights and obligations under this
Page - 6 Levi Landing Conservation Easement
ajdd62901
Date Received:
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. D~an. Trustee
for the James A. Panlson Trust
Z i2 ~,~~ Dore'~
ACKNOWLEDGMENT
~~~
. OFFICIAL SEAL -> .
, , DENNIS WARTENBEE
\ ./ CNOTARY PUBLIC - OREGON
, " OMMISSION NO
MY COMMISSION EXPIRES'J~W~~o,
STATE OF OREGON
)
)
County of Lane )
On 6/ ~ ,2001, personally appeared the above-named Thomas K. Dean and
aclcnowle ged he foregoing to be his voluntary act and deed in his capacity as trustee for the
James A. Paulson Trusl. ~ ~
_ t()d&
otary Public for Oregon . /
My Commission Expires /jI'/6j ~,
ss,
Page - 7 Levi Landing Conservation Easement
Date Received:
ajdd62901
OCT - 6 2010
Original Submittal
.
.
EXHmIT A
LEVI LANDING
CONSERVATION EASEMENT AREA
Beginning at a point from which the NW corner of the William Y. Miller Donation Land
Claim No. 48, T17S, R2W, WM, bears NI 045'50"E 424.43 feet and N880I9'05"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 NI045'50''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 'OI"E 8.42 feet to a
point; thence along the arc of a 127.00 foot radius curve to the right 51.87 feet (the chord
of which bears S77"11 '02''E 51.51 feet) to a point; thence S65"29'02"E 48.00 feet to a
point; thence N24030'58''E 53.00 feet to a point; thence S65"29'02"E 455.48 feet to a
point; thence N33018'27"W 675.97 feet to a point on the north line of said D.L.C. No. 48;
thence along said north line N88019'05"W 614.55 feet to a point; thence Slo45'50"W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal
, .- EXHmITB
LEVI LANDING 2ND ADD.
CONSERVATION EASEMENT
~
.
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lEVI LANDING 2ND. ADO.
PUBLIC IMPROVEMENTS
SITE PLAN AND UT1LlT'I' PLAN
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----- ---- --.-...-----------..,
D;~lslon of Cnler Depuly Clerk 2~~1.~57990
Lane Counly Deeds and Records VV V g
II III III 1\ 11\ 1111111111111\ 111\1111\ IUlII 1I11I11 $56.00
00210568200100579980060069 09/05/2001 02 :51: 12 PM
RPR-ES"T Cnl=2 Sln=6 CASHIER 05
$5.00 $30.00 $10.00 $11.00
TL 17-02-11-3200
File 75, Slides 1152 - 1155
Levi Landing, 2nd Addition
Declarant/Grantor: Thomas K. Dean, Trustee, James A. Paulson Trust
Grantee: Willamalane Park and Recreation District
After recording return to Recording charges shall be paid by
Willamalane Park & Recreation Dis!. 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, nonm~~ed:
OCT - 6 2010
Page -I Jacob Lane-RutTPark Pedestrian Access Easement aj62601
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 2m
Addition, Pedestrian Access Easement," attached hereto and incorporated herein.
I. The property crossed ("burdened") by said easement is the conservation and open space
area shown on Exhibit "A" and more particularly described on Exhibit "C," attached
hereto and incorporated herein.
2. The property served ("benefited") by said easement is Ruff Park, owned and operated by
Grantee and more particularly described on Exhibit "D," attached hereto and incorporated
herein.
3. Said easement is not personal or in gross, but is appurtenant to each and every portion of
the property benefited.
4. Said easement is perpetual and shall run with the properties herein described and shall be
binding on and inure to the benefit of the parties hereto, their heirs, successors, or as,igns.
S. Said easement is made for the purpose of complying with the Springfield Development
Code regarding the division or partition of land or any other development of land. As
such, the City of Springfield shall also have the right and standing to secure judicial
recognition and enforcement of the rights granted by this Declaration, and this easement
shall not be affected or negated by title or the merger of title of the dominant and servient
properties in a common owner.
6. Grantor shall at all times, and without restriction, have the right to use the easement for
purposes not inconsistent with this easement, the underlying land use permits, applicable
regulations, and applicable restrictions of record.
7. Upon acceptance and recording hereof by the District, the Grantor shall construct an
accessway thereon in accordance with applicable city standards for such accessways and
in accordance with the City of Springfield Hearings Official's August 9, 2000 Amended
Decision of Tentative Subdivision Approval (Appeal # 1999-06-0144), hereinafter
"Tentative Plat Approval,"'and shall grade and seed landscaped portions upon
completion.
8. The District shall provide liability insurance substantially equivalent to the insurance it
carries on Ruff Park.
9. The District shall, at its own expense, diligently inspect, maintain and repair the easement
and accessway thereon as needed to remove debris or other flow barriers and to maintain
the path, signs, fencing, and vegetation within the easement, and may use motorized
equipment for such purposes.
10. The easement created hereby shall be exercised in a manner consistent with applicable
local, state, and federal regulations and pennits and with all other conditions, easetrents,
Date Received:
Page - 2 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
OCT - 6 2010
Original SUBmlUal
'.
, ,
.
.
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 concurrently 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
ex( ~Zmun..~nt.~:s_:.._"1 dayof 8UAJ.- ~':~O~~~~ _
_. ~. __ '. OFFICIAL SEAL
DENI~IS WARTENBEE
Thomas K. Dean, in his capacity as trustee " i NOTARY PUBLIC _ OREGON
Of the James A. Paulson Trust \....... COMMISSION NO. 321949
MY COMMISSION EXPIRES APR. 16, 2003
g~
ACCEPTANCE: The conveyance set forth in this insmunent conveying title or interest to
WiIlamalane 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.
WilIamalane Park and Recreation District
-'-:;0- e
''<.L:__ ')\ . ~
Blake Hastings, President
~'~
Robert W. Keefer, Sec
<>=
ACKNOWLEDGMENTS
STATE OF OREGON )
County of Lane )
ss
. OFFICIAL SEAL
DENNIS WARTENBEE
'. j NOTARY PUBLIC - OREGON
",..' COMMISSION NO. 321949
MY COMMISSION EXPIRES APK 16, 2003
. ~..::.
On " (2- 'j (D L, personally appeared the above- amed Thomas K. Dean in his capacity as
Trustee tor the James A. Paulson Trust and acknowl gel the foreg i, to his oluntary act
and deed, '
. :~:"~~::-~';~' ." ~~:~~F~~~ iE~C .;..~~
DENNIS WARTENBEE
NOTARY PUBLIC - OREGON
COMMISSION NO. 321949
MYC MISSION IRESAPR.16,21lD3
~~Su:-
County of Lane )
On t /J2 Ie> ! ' personally appeared the above-named Blake Hastings and Robert W.
Keeferi\n th~ir capacities as President and Secretary WilIamalane Park and Recreation
District and acknowledged ~~ fo:e~~.i,~g .~~cePtan\~o H theu ~Ol n, G and ,eed.
. " ,'C -. - . .,'. '.'. .~, ---=-- -- - ." )j)otary pubhc for Oregon
.:, OFfICI.-IL SEAL
~.. DENNIS WARTENBEE My commission expires: 11} jl-. ,".v;;:2.ceived'
~, i NOTARY PUBLIC - OREGON '1 I9Jit'e"Re .
f '. ~ COMMISSION NO. 321949
r J MY COMMISSION EXPIRES APR. 16, 20D3
'~~...~~-.~~~'~;"'~~ -
STATEOFO
otary public for Oregon '
y commission expues: fill f;ft;:J
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Page - 3 Jacob Lane-Ruff Park Pedestrian Access Easement
aj6260J
.OCT - 6 2010
Original submittal
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EXHIBIT A
PEDESTRIAN
ACCESS EASEMENT
~,-
LEVI LANDING 2ND. ADD. _ -.
PUBLIC IMPROVEMENTS ~1,-';:, f1,
SITE Pl....,. ....0 UTilITY ""AN Z :IIIt;"
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EXHmIT B
PEDESTRIAN
ACCESS EASEMENT
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, Tl7S, R2W, WM, from which the NW comer of said Donation Land Claim No. 43
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 fuet to a point; thence along the arc ofa 120.00
foot radius curve to the right (the chord of which bears S69"26'00"E 16.54 feet) 16.55
feet to a point; thence N24030'57"E 232.21 feet to a point; thence Nl o06'59''E 201.85
feet to a point on the north line of said Donation Land Claim No. 48; thence along said
north line N88019'05"W 22.00 feet to the point of beginning, in Lane County, Oregon
Date Received: ,
OCT - 6 2010
Original submittal
. -
.
.
..
-
EXHIBIT C
TO PEDESTRIAN ACCESS EASEMENT:
LEVI LANDING
CONSERVATION EASEMENT AREA
Beginning at a point from which the NW corner of the William Y. Miller Donation Land
Claim No. 48, Tl7S, R2W, WM, bears Nl o45'50"E 424.43 feet and N88019'05"W
349.80 feet, thence S88053'Ol"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 Nl045'50"E 53.00 feet to a point; thence S88053'01"E 300.00 feet
to a point; thence Slo45'50"E 53.00 feet to a point; thence S88053'OI"E 8.42 feet to a
point; thence along the arc of a 127.00 foot radius curve to the right 51.87 feet (the chord
of which bears S77011'02"E 51.51 feet) to a point; thence S65029'02"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 N880l9'05"W 614.55 feet to a point; thence SI045'50"W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 20ID
. .
Original Submittal
.
.
~
,
Division of Chief Deputy Clerk
Lane County Deeds and Records
2~~I.~m99
1111111111111111111111111111111111111111111111111 $56.00
00210572200100579990040048 09/05/2001 02: 51: 12 PM
RPR-ES"T Cnt=4 Stn=6 CASHIER 05
$15.00 $20.00 $10.00 $11.00
TL 17-02-11-3200
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:
I. Declarant: The private easements for drainage, slope, maintenance, and access described herein
are declared and granted by Thomas Dean in his capacity as Trustee of the James A. Paulson Trust
("Grantor"), to the City of Springfield and the Levi Landing Homeowners' Association, an Oregon
nonprofit corporation.
2. Subject Property: Grantor is owner of fee title to the real property described as LEVI LANDING
SECOND ADDITION (Levi Landing Lots 34-113).as platted and recorded in File ...!..'i...., 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
2nd Add. Public Improvements Site Plan and Utility Plan."
3. Purpose: This instrument establishes private easements for drainage, slope, maintenance and
access as shown on Exhibit "An hereto and on the final plat recorded concurrently.
4. Consideration: The consideration for this easement is other than monetaJy.
WITNESSETH:
NOW, THEREFORE, in consideration of the foregoing recitals, which are expressly made a part oflhis
declaration, the undersigned hereby declares as follows:
I. GRANT AND DECLARA TlON OF EASEMENTS: There are hereby declared and conveyed
from Grantor to Grantee the nonexclusive private easements for drainage, slope, maintenance and
access as shown on Exhibit "A" and as more particularly described in "Exhibit B - Levi Landing
2nd Addition, Pedestrian Acce~s Easement," attached hereto and incorporated herein.
Date Received:
Page w 1 Levi Landing 2nd Addition - Drainage, Slope, Maintenance and Access Easements
~60l 6 20ID
Original Submittal
.
.
2. The property crossed ("burdened") by said easements is, as to each easement, that part of Levi
Landing Second Addition occupied by the easement as shown on Exhibit" A"
3. The properties served ("benefitted") by said easements are Lots 34-133 of Levi Landing as shown
on Exhibit "A.
4. Said easements are not personal or in gross but are appurtenant to each and every portion ofthe
properties benefitted.
5. Said easements shall run with the properties herein described and shall be binding on and inure to
the benefit of the parties hereto, their heirs, successors, or assigns.
6. Said easements are made for the purpose of complying with the Springfield Development Code
regarding the division or partition of land or any other development of land. As such, the City of
Springfield shall also have the right 'and standing to secure judicial recognition and enforcement of
the rights granted by this Declaration, and these easements shall not be affected or negated by title
or the merger of title of the dominant and servient properties in a common owner.
7. Grantor shall at all times, and without restriction, have the right to use the easements for purposes
not inconsistent with the easement and other applicable restrictions of record.
8. The maintenance and repair of said easements shall be the responsibility of Grantor until such time
as responsibility therefore is assumed by the Levi Landing Homeowners Association.
9. The easements created hereby shall be exercised in a manner consistent with applicable local,
state, and federal regulations and permits and with all other conditions, easements, and restri:tions
of record, including but not limited to the conservation easement for the Levi Landing 2"" Addition
conservation and open space area and the supplemental declaration of conditions, covenants, and
restrictions for Levi Landing 2"" Addition recorded concurrently with this declaration.
IN WITNESS WHEREOF, the undersigned being the Developer and Declarant herein, has executed this
i~71:::tdaY:~:: ,2001. .
THOMAS K. DEAN, IN HIS CAPACITY AS TRUSTEE
OF THE JAMES A. PAULSON TRUST
(" . .. 'AI SEAL
. DENr.iS IJIIAHTENBEE
. NO' AI'Y PuBLIC OREGON
\../ COt\.~MjS~:ON 1'>10. 321949
.. My C!.jM""I~';iiJ~ tXPlftES APR. 16, 2003
Page - 2 Levi Landing 2Dd Addition - Drainage, Slope, Maintenance and Access Easements
ACKNOWLEDGMENT
STATE OF OREGON )
) ss.
County of Lane )
On &:.~?,h / ,personally appeared the above-named Thomas K. Dean in his capacity as Trustee
for the "James A. Paulson Trust and and acknowledged the fOreg~~~
~UbliC for Oregon~)/, .he. A '7
My commission eXPires~
Date Received:
aj6260 ;
OCT - 6 2010
Original Submittal
.
,
.
.,.., ... ":'--"'~
Exhibit A
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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, Tl7S, R2W, WM, from which the NW comer of said Donation Land Claim No. 48
bears N88019'05"W 935.85 feet, thence leaving said north line SI006'59"W 197.51 feet
to a point; thence S24DJO'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 N24030'5T'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
.
.
Form No. 1056.06
ALTA Loan Policy (6-17-06)
11003019050600
Policy No.: 7191-1383190
LOAN POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company of Oregon
An assumed business of Title Insurance Company of Oregon
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 17 of the Conditions.
COVERED RISKS
SUBJECf TO THE EXCLUSIONS FROM COVERAGE, lliE EXCEPTIONS FROM from any of the following Impairing the Hen of the Insured Mortgage(a)
COVERAGE CONTAINED IN SCHEDULE Bf AND THE CGNOmONS, FIRST forgery, fraud, undue influence, duress, incompetency, incapacity, or
AMERiCAN TITlE INSURANCE COMPANY, a California corporation (the impersonation;
"Company") insures as of Date of Policy and, to the extent stated in Covered (b) failure of any person or Entity to have authorized a transfer or
Risks 11, 13, and 14, after Date of Policy, against loss or damage, not exceeding conveyance;
the AmO\.lnt of Insurance, sustained or incurred by the Insured by reason of: (c) the Insured Mortgage not being properly created, executed, witnessed,
1. Title being vested other than as stated in Schedule A. sealed, acknowledged, notarized, or delivered;
2. Any defect in or lien or encumbrance on the Title, This Covered Risk includes (d) failure to perform those acts necessary to create a document by
but is not limited to insurance against loss from electronic means authorized by law;
(a) A defect In the TItle caused by (e) a document executed under a falsified, expired, or otherwise Invalid
(i) forgery, fraud, undue influence, duress, incompetency, incapaCity, power of attorney;
or impersonation; (f) a document not properly filed, recorded, or indexed in the Publlc Records
(ii) fallure of any person or EntitY to have authorized a transfer or including failure to perform those acts by electronic means authorized by taw;
conveyance; or
(iii) a document affecting Title not properly created, executed, (g) a defectlve judicial or administrative proceeding.
witnessed, sealed, acknowledged, notarized, or delivered; 10. The lack of priority of the lien of the Insured Mortgage upon the Title over
(iv) failure to perform those acts necessary to create a document by any other lien or encumbrance.
electronic means authorized by law; 11. The lack of priority of the lien of the Insured Mortgage upon the Title
(v) a document executed under a falsified, expired, or otherwise (a) as security for each and every advance of proceeds of the loan secured
invalid power of attorney; by the Insured Mortgage over any statutory lien for services, labor, or material
(vi) a document not property filed, recorded, or Indexed in the Public arising from construction of an improvement or work related to the Land when the
Records Including failure to perform those acts by electronic improvement or work is either
means authorized by law; or (I) contracted for or commenced on or before Date of Policy; or
(vii) a defective judicial or administrative proceeding. (ii) contracted for, commenced, or continued after Date of policy If the
(b) The lien of real estate taxes or assessments imposed on the Trtle by a construction is financed, in whole or in part, by proceeds of the loan secured by
governmental authority due or payable, but unpaid. the Insured Mortgage that ~ Insured has ad'Vclnced or is obligated on Date of
(c) Any encroachment, encumbrance, violation, variation, or adverse Policy to advance; and
circumstance affecting the Title that would be disclosed by an accurate (b) over the lien of any assessments for street improvements under
and complete land survey of the Land. The term "'encroachment" construction or completed at Date of Policy.
includes encroachments of existing improvements located on the Land 12. The InvaliditY or unenforceabllity of any assignment of the Insured Mortgage,
onto adjOining land, and encroachments onto the Land of existing proVided the assignment is shown in Schedule A, or the failure of the assignment
improvements located on adjoining land, shown in Schedule A to vest title to the Insured Mortgage in the named Insured
Unmarketable Title, assignee free and clear of all liens.
No right of access to and from the Land. 13. The invaliditY, unenforceability, lack of priority, or avoidance of the lien of the
The violation or enforcement of any law, ordinance, permit, or governmental Insured Mortgage upon the Title
regulation (including those relating to building and zoning) restricting, (a) resulting from the avoidance in whole or in part, or from a court order
regulating, prohibiting, or relating to providing an alternative remedy, of any transfer of all or any part of the title to or
(a) the occupancy, use, or enjoyment of the land; any interest in the Land occurring prior to the transaction creating the lien of the
(b) the character, dimensions, or location of any improvement erected on Insured Mortgage because that prior transfer constituted a fraudulent or
the Land; preferential transfer under federal bankruptcy, state insolvency, or similar
(c) the subdivision of land; or creditors' rights laws; or
(d) environmental protection (b) because the Insured Mortgage constitutes a preferential transfer under
If a notice, describing any part of the Land, Is recorded in the Public federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of
Records setting forth the violation or intention to enforce, but only to the failure of its recording In the Public Records
the extent of the violation or enforcement referred to in that notice. (I) to be timely, or
6. An enforcement actIon based on the exercise of a governmental police (li) to impart notice of its existence to a purchaser for value or to a
power not covered by Covered Risk 5 If a notice of the enforcement action, judgment or lien creditor.
describing any part of the Land, is recorded in the Public Records, but only 14, My defect in or fien or encumbrance on the Title or other matter included in
to the extent of the enforcement referred to in that notice, Covered Risks 1 through 13 that has been created or attached or has been filed or
7. The exercise of the rights of eminent domain If a notice of the exercise, recorded in the Public Records subsequent to Date of Policy and prior to the
describing any part of the Land, is recorded In the Public Records, recording of the Insured Mortgage In the Public Records.
8. MY taking by a governmental body that has occurred and is binding on the
rights of a purchaser for value without Knowledge.
9. The invalidity or unenforceabUity of the. lien of the Insured Mortgage upon the
Title. This Covered Risk includes but is not limited to insurance against loss
3.
4.
S.
The Company will also pay the costs, attorneys' fees, and expenses incurred in
defense of any matter Insured against by this polley, but only to the extent
provided in the Conditions.
Title Insurance Company of Oregon
dba FIRST AMERlCAN TITlE INSURANCE COMPANY OF OREGON
Date Received:
By:
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'!!lll""",\~~""""",
President
OCT - 6 2010
Attest;
Secretary
Original Submittal
Form No. 1056.06
AL TA Loan Policy (6-17-06)
.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and
the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (Including those
relating to building and zoning) restricting, regulating, prohibiting, or relating
to
(I) the occupancy, use, or enjoyment of the Land;
(II) the character, dimensions, or locatIon of any Improvement erected
on the land;
(ill) the subdivisIon of land; or
(IV) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This ExclusIon lea) does not modify or limit the coverage
provided under Covered Risk 5,
(b) Any governmental police power. This Exclus!on l(b) does not modify or
limit the coverage provIded under Covered RIsk. 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provlded under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded In the Public Records at Date of
PoliCy', but Known to the Insured Claimant and not disclosed In writing to the
Company by the Insured Claimant prior to the date the Insured Claimant
became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not
modify or limit the coverage provided under Covered RJsk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained If the
Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabillty of the lien of,the Insured Mortgage because of the Inability or
failure of an Insured to comply with applicable doIng-business laws of the
state where the Land is situated.
5. Invalidity or unenforceabllity in whole or in part of the lien of the Insured
Mortgage that arIses out of the transactlon evidenced by the Insured
Mortgage and Is based upon usury or any consumer credit protection or truth-
In-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency,
or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, Is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated In Covered Risk 13(b) of
this policy.
7. Any lien on the Title for real estate taxes or assessments Imposed by
governmental authority and created or attaching between Date of Policy and
the date of recording of the Insured Mortgage In the Public Records. This
Exclusion does not modify or limit the coverage provided under Covered Risk
l1(b).
CONomONS
1. OEFINmON OF TERMS
The following terms when used In this policy mean:
(a) "Amount of Insurance": The amount stated In Schedule A, as may be
Increased or decreased by endorsement to this policy, Increased by Section
8(b) or decreased by Section 10 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" In Schedule A
(c) "Entity": A corporation, partnership, trust, limited liability company, or
other similar legal entity. .
(d) "Indebtedness": The obligation secured by the Insured Mortgage
Including one evidenced by electronic means authorized by law, and If that
obligation Is the payment of a debt, the Indebtedness Is the sum of
(I) the amount of the principal disbursed as of Date of Policy;
(il) the amount of the prlncipal dIsbursed subsequent to Date of Policy;
(ill) the construction loan advances made subsequent to Date of Policy
for the purpose of financing In whole or In part the construction of an
Improvement to the Land or related to the Land that the Insured was and
continued to be obligated to advance at Date of policy and at the date of
the advance;
(Iv) Interest on the loan;
(v) the prepayment premiums, exit fees, and other similar fees or
penalties allowed by law;
(vi) the expenses of foreclosure and any other costs of enforcement;
(vli) the amounts advanced to assure compliance with laws or to protect
the lien or the priority of the lien of the Insured Mortgage before the
acquiSItion of the estate or Interest In the Title;
.
Policy Page 2
Policy Number: 1383190
(viii)the amounts to pay taxes and Insurance; and
(Ix) the reasonable amounts expended to prevent deterioration of
Improvements;
but the Indebtedness is reduced by the total of all payments and by any
amount forgIven by an Insured.
(e) "Insured": The Insured named in Schedule A.
(I) The term "Insured" also Includes
(A) the owner of the Indebtedness and each successor In ownership
of the Indebtedness, whether the owner or successor owns the
Indebtedness for its own account or as a trustee or other fiduciary,
except a successor who Is an obligor under the provisions of Section
12(c) of these Conditions;
(8) the person or Entity who has "control" of the "transferable
record," if the Indebtedness Is evidenced by a "transferable record,"
as these terms are defined by applicable electronic transactions law;
(C) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization; .
(D) successors to an Insured by Its conversion to another kind of
Entity;
(E) a grantee of an Insured under a deed delivered without payment
of actual valuable consideration conveying the Title
(1) if the stock, shares, membershIps, or other equity interests
of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured, or
(3) If the grantee Is wholly-owned by an affiliated Entity of the
named Insured, prOvided the affiliated Entity and the named
Insured are both wholly-owned by the same person or Entity;
(F) any government agency or instrumentality that Is an insurer or
guarantor under an Insurance contract or guaranty Insuring or
guaranteeing the Indebtedness secured by the Insured Mortgage, or
any part of it, whether named as an Insured or not;
(II) With regard to (A), (B), (e), (D) , and (E) reserving, however, all
rights and defenses as to any successor that the Company would have
had agaInst any predecessor Insured, unless the successor acquired the
Indebtedness as a purchaser for value without Knowledge of the asserted
defect, lien, encumbrance, or other matter Insured against by this policy.
(f) "Insured Claimant": An Insured claiming loss or damage.
(g) "Insured Mortgage": The Mortgage described In paragraph 4 of Schedule
A.
(h) "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 matters affecting the
Title.
(i) "Land": The land described In Schedule A, and affixed improvements that
by law constitute real property. The term "Land" does not Include any property
beyond the Hnes of the area described In Schedule A, nor any right, title,
Interest, estate, or easement In abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent that a right of
access to and from the Land Is Insured by this policy.
(j) "Mortgage"; Mortgage, deed of trust, trust deed, or other securlty
instrument, including one evidenced by electronic means authorized by law.
(k) "Publlc Records": Records establ1shed under state staMes at Date of
Policy for the purpose of Imparting constructive notice of matters relatIng to
real property to purchasers for value and wIthout Knowledge, With respect to
Covered Risk Sed), "Public Records" shall also include environmental protection
liens filed In the records of the clerk of the United States DIstrIct Court for the
district where the Land is located.
(I) "Title": The estate or Interest described In Schedule A.
(m) "Unmarketable Title": TItle affected by an alleged or apparent matter that
would permit a prospective purchaser or lessee of the Title or lender on the
Title or a prospective purchaser of the Insured Mortgage to be released from
the obllgat!on to purchase, lease, or lend If there Is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this polley shall continue in force as of Date of Policy In favor
of an Insured after acquisitIon of the lltle by an Insured or after conveyance by an
Insured, but only SO long as the Insured retains an estate or interest In the Land, or
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 Insured.
Date Received:
OCT -6 2010
Original Submittal
First American Title Insurance Company of Oregon
FOml No. 1056.06
ALTA Loan Policy (6-17-06)
.
3. NOnCE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly In writing (I) in case of any
litigation as set forth in section Sea) of these Conditions, (II) In case Knowledge
shall come to an Insured of any claim of title or Interest that is adverse to the Title
or the lien of the Insured Mortgage, as Insured, and that might cause loss or
damage for which the Company may be liable by virtue of this polley, or (1II) If the
Title or the Hen of the Insured Mortgage, as Insured, Is rejected as Unmarketable
Title. If the Company Is prejudiced by the failure of the Insured Calmant to
provide prompt notice, the Company's liabIlity to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice.
4. PROOF OHOSS
In the event the Company Is unable to determine the amount of loss or
damage, the Company may, at Its option, require as a condition of payment that
the Insured Oalmant furnish a signed proof of loss. The proof of loss must
describe the defect, lien, encumbrance, or other matter Insured against by this
policy that constitutes the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and SUbject to the options
contained In Section 7 of these CondItions, the Company, at Its own cost and
without unreasonable delay, shall provide for the defense of an Insured In
litigation In which any third party asserts a dalm covered by this polley
adverse to the Insured. This obligation is limited to only those stated causes
of action alleging matters Insured against by this polley. The Company shall
have the right 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 not insured against by this polley.
(b) The Company shall have the right, In addition to the options contained In
Section 7 of these Conditions, at Its own cost, to Institute and prosecute any
action or proceeding or to do any other act that In Its opinion may be
necessary or desirable to establish the Title or the lien of the Insured
Mortgage, as Insured, or to prevent or reduce loss or damage to the Insured.
The Company may take any appropriate action under the terms of this poUey,
whether or not It shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of this policy. If
the Company exerdses Its rights under this subsection, It must do so
diligently.
(c) Whenever the Company brings an action or asserts a defense as required
or permitted by this polley, the Company may pursue the litigation to a final
determination by a court of competent jur!sdlctlon, and It expressly reserves
the right, !n its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this polley permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so prosecute or
provide defense In the action or proceeding, Including the right to use, at Its
option, the name of the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the 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, the lien of the Insured Mortgage, or any other
matter as Insured. If the Company Is prejudiced by the failure of the Insured
to furnish the required cooperation, the Company's obligations to the Insured
under the polley shall terminate, Including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters
requiring such cooperation.
(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 reasonable 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 Polley, that
reasonably pertain to the loss or damage. Further, If requested by any
authorized representative of the Company, the Insured Claimant shall grant Its
permission, In writing, for any authorized representative of the Company to
examine, Inspect, and copy all of these records In the custody or control of a
third party that reasonably pertain to the loss or damage.
.
Policy Page 3
Policy Number: 1383190
All information designated as confidential by the Insured Oalmant provided to
the Company 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 dalmant to submit for examination under
oath, produce any reasonably requested Information, or grant permission to
secure reasonably necessary Information from third parties as required In this
subsection, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this polley as to that claIm.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LlABILIlY
In case of a claim under this polley, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance or to Purchase the
Indebtedness.
(I) To payor tender payment of the Amount of Insurance under this
polley together with any costs, attorneys' fees, and expenses Incurred by
the Insured Calmant that were authorized by the Company up to the time
of payment or tender of payment and that the Company Is obligated to
pay; or
(Ii) To purchase the Indebtedness for the amount of the Indebtedness on
the date of purchase, together with any costs, attorneys' fees, and
expenses Incurred by the Insured Claimant that were authorized by the
Company up to the time of purchase and that the Company Is obligated to
pay.
When the Company purchases the Indebtedness, the Insured shall
transfer, assign, and convey to the Company the Indebtedness and the
Insured Mortgage, together with any collateral security.
Upon the exercise by the Company of either of the options provided for In
subsections (a)(I) or (II), alll1ablltty and obl1gations of the Company to the
Insured under this poliey, other than to make the payment required In
those subsections, shall terminate, Including any liability or obligation to
defend, prosecute, or continue any lltlgatJon.
(b) To Payor Otherwise Settle With Parties other Than the Insured or With
the Insured dalmant.
(I) to payor otherwise settle with other parties for or In the name of an
Insured Claimant any claim Insured against under thIs polley. In addition,
the Company will pay any costs, attorneys' fees, and expenses Incurred by
the Insured Oalmant that were authorized by the Company up to the time
of payment and that the Company Is obligated to pay; or
(Ii) to payor otherwise settle with the Insured Calmant the loss or
damage provided for under this polley, together with any costs, attorneys'
fees, and expenses Incurred by the Insured ClaImant that were authorized
by the Company up to the time of payment and that the Company Is
obllgated to pay.
Upon the exercise by the Company of either of the options provided for In
subsections (b )(1) or (II), the Company's obligations to the Insured under
this polley for the claimed loss or damage, other than the payments
required to be made, shall terminate, Including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF UABIUlY
This polley Is a contract of Indemnity agaInst actual monetary loss or damage
sustained or Incurred by the Insured ClaImant who has suffered loss or damage by
reason of matters Insured against by this polley.
(a) The extent of liability of the Company for loss or damage under thIs polley
shall not exceed the least of
(I) the Amount of Insurance,
(II) the Indebtedness,
(ill) the difference between the value of the TItle as Insured and the value
of the Title subject to the risk Insured against by this polley, or
(Iv) If a government agency or instrumentality Is the Insured Claimant,
the amount It paid In the acquisition of the lltIe or the Insured Mortgage
In satisfaction of Its Insurance contract or guaranty.
(b) If the Company pursues Its rights under Section 5 of these Conditions and
Is unsuccessful In establishing the Title or the lien of the Insured Mortgage, as
insured,
(I) the Amount of Insurance shall be Increased by 10%, and
(II) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the dalm was made by the Insured
Claimant or as of the date It Is settled and paid.
(c) In the event the Insured has acquired the Title In the manner described In
Section 2 of these Conditions or has conveyed the TItle, then the extent of
liability of the Company shall continue as set forth In Section 8(a) of these
Conditions.
Date Received:
OCT - 6 2010
Original Submittal
First American TItle Insurance Company of Oregon
Fonn No. 1056.06
ALTA Loan Policy (6-17-06)
.
(d) In addItion to the extent of liabUtty under (a), (b), and (c), the Company
will also pay those costs, attorneys' fees, and expenses incurred In accordance
with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien,
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of Unmarketable Title, or establishes the lien of the Insured
Mortgage, all as Insured, In a reasonably diligent manner by any method,
including litigation and the completion of any appeals, it shall have fully
performed Its obligations with respect to that 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 damage
until there has been a final determInation by a court of competent jurisdiction,
and disposition of all appeals, adverse to the Title or to the lien of the Insured
Mortgage, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
(a) All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance by the
amount of the payment. However, any payments made prior to the acquisition
of Title as provided In Section 2 of these Conditions shall not reduce the
Amount of Insurance afforded -under this policy except to the extent that the
payments reduce the Indebtedness.
(b) The voluntary satisfaction or release of the Insured Mortgage shall
terminate all Ilablllty of the Company except as provided In Section 2 of these
Conditions.
11. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed In
accordance with these Condltlons, the payment shall be made wlth!n 30 days.
12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) The Company's Right to Recover
Whenever the Company shall have settled and paid a claim under this policy, It
shall be subrogated and ent!t1ed to the rights of the Insured Claimant In the
Title or Insured Mortgage and all other rights and remedies In respect to the
claim that the Insured Claimant has against any person or property, to the
extent of the amount of any loss, costs, attorneys' fees, and expenses paid by
the Company. If requested by the Company, the Insured Claimant shall
execute documents to evidence the transfer to the Company of these rights
and remedies. The Insured Claimant shall permit the Company to sue,
compromIse, or settle In the name of the Insured Claimant and to use the
name of the Insured Claimant in any transaction or litigation invoMng these
rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured
Claimant, the Company shall defer the exerclse of Its right to recover until
after the Insured Claimant shall have recovered Its loss.
(b) The Insured's Rights and limitations
(I) The owner of the Indebtedness may release or substitute the
personal liability of any debtor or guarantor, extend or otherwise modify
the terms of payment, release a portion of the Tltle from the lien of the
Insured Mortgage, or release any collateral security for the Indebtedness,
If It does not affect the enforceability or priority of the lien of the Insured
Mortgage.
(lI) If the Insured exerclses a right provided in (b)(I), but has Knowledge
of any claim adverse to the Tltle or the lien of the Insured Mortgage
insured against by this pollCf, the Company shall be required to pay only
that part of any losses insured against by this polley that shall exceed the
amount, If any, lost to the Company by reason of the impairment by the
Insured Claimant of the Company's right of subrogation.
(c) The Company's RIghts Against Noninsured Obligors
The Company's right of subrogation Indudes the Insured's rights against
noninsured obl1gors Including the rights of the Insured to Indemnities,
.
Policy Page 4
Policy Number; 1383190
guaranties, other polldes of Insurance, or bonds, notwithstanding any terms or
conditions contained in those Instruments that address subrogatlon rights.
The Company's right of subrogation shall not be avoided by acquisition of the
Insured Mortgage by an obligor (except an obligor described In Section
l(e)(i)(F) of these Conditions) who acquires the Insured Mortgage as a result
of an Indemnity, guarantee, other policy of insurance, or bond, and the obligor
will not be an Insured under this policy.
13. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy
shall be submitted to arbitration pursuant to the Tltle Insurance Arbitration Rules of
the American Land Title Association ("Rules'l 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 controvel'5'f or
claim between the Company and the Insured arising out of or relating to this policy,
any service In connection with Its issuance or the breach of a polley provision, or to
any other controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less
shall be arbitrated at the option of either the Company or the Insured. AU 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 polley and under the Rules shall be blndlng upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered tn any
court of competent jurisdiction.
14. LlABIUTY UMITED TO THIS POUCY; POUCY ENTIRE CONTRACT
(a) This poUcy together wlth 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
lien of the Insured Mortgage 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 Schedule
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 Its terms and provisions. Except as the
endorsement expressly states, It does not (i) modify any of the terms and
provisions of the policy, (il) modify any prior endorsement, (Ill) extend the
Date of Policy, or (Iv) Increase the Amount of Insurance.
15. SEVERABILIlY
In the event any provlslon of this policy, in whole 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, but all other provIsions shall remain in full
force and effect.
16. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten
the risks covered by this polley and determined the premium charged therefor
In reliance upon the law affecting Interests In real property and applicable to
the Interpretation, rights, remedIes, or enforcement of policies of tltle
Insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims against the Title
or the lien of the Insured Mortgage that 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 prlnclples to detennlne the applicable law.
(b) Choice of Forum; Any litigation or other proceeding brought by the
Insured against the Company must be filed only In a state or federal court
within the United States of America or Its territories having appropriate
jurlsdlctlon.
17. NOTICES, WHERE SENT
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 1 First
American Way, Santa Ana, CA 92707, Attn: Oalms Department.
POLICY OF TITLE INSURANCE
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Date Received:
OCT - 6 2010
Original Submittal
First American TItle Insurance Company of Oregon
Form No. 1056.06
ALTA Loan Policy (6-17-06)
.
.
Policy Page 5
Policy Number: 1383190
SCHEDULE A
First American Title Insurance Company of Oregon
Name and Address of Title Insurance Company:
First American Title Insurance Company of Oregon
600 Country Club Road
Eugene, OR 97401
File No.: 7191-1383190
Loan No.: 0006182898
Address Reference: 6680 Jacob Lane, Springfield, OR 97478
Amount of Insurance: $168,000.00
Date of Policy: May 08,2009 at 1:19 p.m.
Policy No.: 1383190
Premium: $806.00
1. Name of Insured:
National City Mortgage a division of National City Bank, its successors and assigns, as their
interests may appear, as defined in the paragraph entitled "Definitions of Terms" contained in
this Policy.
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is:
Fee Simple
3. Title is vested in:
Brandon L. Parks and Jamie K. Parks, as tenants by the entirety
4. The Insured Mortgage, and its assignments, if any, are described as follows:
Deed of Trust/Mortgage:
Grantor/Trustor: Brandon L Parks and Jamie K Parks tenants by the entirety
Trustee: First American Title Insurance Company of Oregon
Grantee/Beneficiary: National City Mortgage a division of National City Bank
Original Amount: $168,000.00
Dated: April 27, 2009
Recorded: May 08, 2009
Recording No.: 2009-024748
S. The Land referred to in this policy is described as follows:
Real property in the City of Springfield, County of Lane, State of Oregon, described as follows:
Lot 65, LEVI LANDING 2ND ADDmON, as platted and recorded in File 75, Slides 1152 through
1155, inclusive, Lane County Oregon Plat Records, in Lane County, Oregon.
APN: 1677572
Date Received:
OCT - 6 2010
Original Submittal
First American Title Insurance Company of Oregon
Fonn No. 1056.06
ALTA Loan Policy (6-17-06)
.
Polley Page 6
Policy Number: 1383190
.
6. This policy incorporates by reference those ALTA endorsements selected below:
[ ] 4-06
[ ] 4.1-06
[ ] 5-06
[ ] 5.1-06
[ ] 6-06
[ ] 6.2-06
[ X ] 8.1-06
[ X ] 9-06
[ ] 13.1-06
[ ) 14-06
[ ) 14.1-06
[ ] 14.3~06
[ X ] 22-06
(Condominium)
(Planned Unit Development)
(Variable Rate)
(Variable Rate--Negative Amortization)
(Environmental Protection Lien) Paragraph b refers to the following state
statute(s): NONE
(Restrictions, Encroachments, Minerals)
(Leasehold Loan)
(Future Advance-Priority)
(Future Advance-Knowledge)
(Future Advance-Reverse Mortgage)
(Location) The type of improvement is a Single Family Residence, and the street
address is shown above.
Date Received:
OCT - 6 2010
Original SubmIttal
first American Title Insurance Company of Oregon
Form No. 1056.06
ALTA Loan Policy (6-17-06)
.
.
Policy Page 7
Polley Number: 1383190
SCHEDULE B
File No.: 7191-1383190
Policy No.: 1383190
EXCEPTIONS FROM COVERAGE
PART I
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. Easement as shown on the recorded plat/partition
For: public utilities and sidewalk
Affects: portion
2. Easement as shown on the recorded plat/partition
For: no fill and no build line
Affects: portion
3. Restrictions and Notes shown on the recorded plat/partition of LEVI LANDING.
4. Restrictions and Notes shown on the recorded plat/partition of LEVI LANDING 2ND ADDmON.
5. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: October 29, 1997, Reception No. 97-73716
Modification and/or amendment by instrument:
Recording Information: December 21, 2000, Reception No. 2000-072060
Modification and/or amendment by instrument:
Recording Information: September 5,2001, Reception No. 2001-058001
6.
The By-Laws, including the terms and provisions thereof of Levi Landing Homeowner's
Association.
Recorded:
October 29, 1997, Reception No. 97-73717
Date Received:
Modification and/or amendment by instrument:
Recording Information: November 24, 2006, Reception No. 2006-084519
OCT - 6 2010
7. Easement, including terms and provisions contained therein: Original Submittal
Recording Information: September 5, 2001, Reception No. 2001-057999
In Favor of: City of Springfield and Levi Landing's Homeowner's Association
For: drainage, slope, maintenance, and access
(Re-recorded December 23, 2003, Reception No. 2003-122330)
First American Title Insurance Company of Oregon
Form No. 1056.06
ALTA Loan Policy (6-17-06)
.
.
Policy Page 8
Policy Number: 1383190
8. Easement, including terms and provisions contained therein:
Recording Information: September 5,2001, Reception No. 2001-058002
In Favor of: Levi Landing Homeowner's Association, City of Springfield, et al
For: conservation
9. Easement, including terms and provisions contained therein:
Recording Information: March 27, 2003, Reception No. 2003-027019
In Favor of: City of Springfield and Levi Landing Homeowner's Association
For: setback, maintenance, and access
10. Declaration and Grant of Private Easements for Setback, Maintenance and Access: Levi Landing
Second Addition, including terms and provisions thereof.
Recorded: March 27, 2003, Reception No. 2003-027019
Date Received:
OCT - 6 2010
Original submittal
First American TItle Insurance Company of Oregon
Form No. 1056.06
ALTA Loan Policy (6-17-06)
File No.: 7191-1383190
.
SCHEDULE B
PART II
.
Policy Page 9
Policy Number: 1383190
Policy No.: 1383190
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters,
and the Company insures against loss or damage sustained in the event that they are not subordinate to
the lien of the Insured Mortgage:
None
First American Title lnsurance Company of Oregon
Date Received:
OCT - 6 2010
Original submittal
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Original Submittal
.t8\.~1I11
.
. .
Fidelity National Title Insurance Company
Policy Number:
27 -031-06- 2 0 4 2 0 1
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 R1SKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora-
tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and] O. after Date of Policy,
against loss or damage. not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
I. Title bemg vested other than as stated ill Schedule A.
2. Any defect in or lien or encumbrance on the Tille. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(Il forgery, fraud, undue influence, 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 perfonn 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: or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid,
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im-
provements located on adjoining land.
3. Unmarketable Title.
4 No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating La
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvcment erecled 011 the Land;
(c) the subdivision of land: or
Date Received:
(d) environmental protection
if a notice, dcsctibing any part of the Land, is recorded in the Public Records setliniPti!JirulbSWMi\iU~ intoRti9R t9
enforce, but only to the extent of the violation or enforcement referred to in that notice.
OCT - 6 2010
C'('\D~.."1, n'll nt: ,,,:no,
~'"T'~ r'\...___'. n~I:_" ,e; 1"7 n,::.,
6.
An enforcement action based on. exercise of a governmental police power nottered 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 refelTed to in that notice.
7
The exercise of the fights 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 govemmental body that has occurred and is binding on the rights of a purchaser for value without
Know ledge.
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 part, or from a court order providing an alternative remedy, of a transfer of
all or any part of the title La or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted J. fraudulent or preferential transfer under federal bankruptcy. state
insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Tille 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.
IO. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I tluough 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 inculTed 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
scaled by its duly authorized officers.
Fidelity National Title Insurance Company
8y:
~g-fM/ III ()AA~ L
)/ ,,,""
11.i~""
-,
ArrEST
Secretary
Countersigned:
~~/J~z~~
Date Received:
Authorized Signature
OCT - 6 2010
Origi~al Submittal
FORM 27~J\-06 (6108)
ALIA Owner'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
Letter (Owner's Policy)
FDOR0451.fdw
Date Received:
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:
4610015656-FTEUG03
27 -031-06-204201
Tax Act #1722535, Springfield, OR 97478
$2,000.00
$200.00
June 24, 2010 at 11 :04 AM
1. Name of Insured:
Brian Kirk Gesik and Cheryl Reiko Gesik
2. The estate or interest in the Land that is insured by this policy is:
A Fee
3. Title is vested in:
Brian Kirk Gesik and Cheryl Reiko Gesik, as tenants by the entirely
4. The Land referred to in this policy is described as follows:
See Schedule C Attached Hereto
Date Received:
OCT - 6 2010
Original Submittal
FDORD225.rdw
Oregon Tille Insurance Rating Organization (OT1RO)
Policy Valid Only If Schedule B is Attached OTIRO No PO-D4
American land Title Association
ALTA Owner's Policy (6.17-2006)
.
.
SCHEDULE 8
File No. 4610015656-FTEUG03
Policy No. 27-031-06-204201
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by
the Public Records.
2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an
inspection of the Land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in
Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
5. Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of
Oregon for unemployment compensation or 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.
c) Some portion of said Land has been brought within the boundaries thereof by an avulsive
movement of Cedar Creek, or has been formed by accretion to any such portion.
8. The rights of the public and governmental bodies for fishing, navigation and commerce in and to any portion of the
Land herein described, lying below the high water line of the Cedar Creek.
The right, title and interest of the State of Oregon in and to any portion lying below the high water line of Cedar
Creek.
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:
OCT - 6 2010
Oregon Title Insurance Rating Organization (OTIRO)
OTlRO No. PO-04
American Land Title Association
AL TA Owners Policy (6-17-2006)
FDOR0227.rdw
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, reli9ion, sex, handicap, familial status or national ori9in) 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, #2.001-058000
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
Oregon Title Insurance Rating Organizatioo (OTtRO)
OTIRO No. PO-04
American Land Title Association
AL TA 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, Ore90n.
Date Received:
OCT - 6 2010
Original submittal
FDOR0226.rdw
Oregon Tille Insurance Rating Organization (OTIRO)
OTIRO No. PO-04
American Land Title Association
ALT A Owne~s Policy (6-17-2006)
.
.
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Date Received:
OCT - 6 2010
Original Submittal
.
EXCLUSLONS FROM COVERAGE.
The following matters arc expressly excluded from the coveragt,; uf this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by rease
of:
(a) Any law, ordinance, permit or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land:
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental pmtection;
or the effect of any violation of these laws. ordinances, or govemmental regulations. This Exclusion 1(3) docs noC modify or limillhe coverage provided und{
Covered Risk 5.
(b) Any governtnental police power. This Exclusion I (b) doe,'; no! modify or limit the coverage pl'Ovided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit Lhe toverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other malters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Compan
by the Insured Claimant prior to the date (he Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
Cd) attaching or created subsequenlto Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and to); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4, Any claim, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors' rights laws, that the transaction vesting the Title as shown in 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.
S. 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 (hat vests Title as shown in Schedule A.
I. DEFINITION OF TERMS
The following tenns when used in thi:; policy mean:
(a) "Amount of Insurance" The amount stated in Schedule A. as may be in-
creased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 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, trusL limited liability company. or
other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as dis-
tinguished from purchase, including heirs, tlevisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Ipsured under a deed delivered without payment
of ac[Ual valuable consideration conveying the Title
(I) if the stock. shares, memberships, or other equity interests
of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Emity of
the named Insured, provided the affiliated EntilY 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 Insured named
in Schedule A for estate planning purposes,
(ii) With regard to (A). (B), (Cl. and (0) reserving, however. all righLs
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimanl": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actua] 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 matters affecting the
Title.
(g) "Land"; The land described in Schedule A, and affi,xed improvements that
by law constitute real propel1.y. The term "Land" does not include any prop-
erty beyond the lines of the area described in Schedule A. nor any right,
title, interesl. estate, or easemel1l in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not modify or limilthe extent that
a tight of access to and from the Land is insured by this policy.
(h) ;'Mortgage": Mortgage. deed of trust. trust deed. or other security instlU-
ment, including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respect to
CONDITIONS
Covered Risk 5(d), "Public Records" shall also include environmental pro
tection liens filed in the records of the clerk of the United Slales Distric
Co un 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 thf
Title to be released from the obligation to purchase,lease, or lend if there i:
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor 01
an insured, but only so long as the Insured retains an estate or interest in the Land, Ol
holds an obligaLion secured by a purchase money Mortgage given by a purchaser from
the [nsured, 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 imerest in the Land, or
(ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an
Insured hereunder of any claim of title or interest that 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.
4. PROOF OF LOSS
[n the event the Company is unable to detennine the amount of loss or damage, the
Company may, at its option, require as a condition ofpaym~nt st!.a.libe Insur4d Claimant
furnish a signed proof of loss. Ttf)aleoRe06\~tlWbe the,defect, lien,
encumbrance, or other matter insured agalOst by thiS policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage OCT - 6 2010
,
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written reque~lJ.r..wn~fL$l!IMJtIitta!:t In rhp "p';M~ Mntained in
Section 7 of these 'e9t1bUlOns, the Company, at its own cost and witbout
unreasonable delay, shall provide for the defense of an Insured in litigation
In which any third party asserts a claim covered by this policy adverse to
the Insured. This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the
right to select cOllnsel of its choice (subject to the right of the [nsured 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 aClion that allege matters
(b)
not insured against by this poticy. .
The Company shall have the right. in addi to the options contained in
Section 7 of these Conditions, at il.~ own cost, III institute and prosecute any
action or proceeding or to do any other act that in its opinion may be neces-
sary or desirable to establish the Title, as insured. or to prevenl or reduce
loss or damage to the Insured. The Company may take any appropriate
action under the terms of this policy. whether or not it shall be liable to the
Insured. The exercise of these rights shall not be an admission of liability
or waiver of any provision of this policy. If the Company exercises its
rights under this subsection. it must do so diligently.
Whenever the Company brings an action or asserts a defense <IS required or
permitted by this policy, the Company may pursue the litigation to <I final
determination by <I court ofcompelentjurisdiction, and it expressly reserves
the right. in its sole discretion, to appe<ll any adverse judgment or order.
(c)
6.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) [n all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding and any appeals, the
Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to use, <It its option,
the name of the Insured for this purpose. Whenever requested by the Com~
pany, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting (1r
defending the action or proceeding, or effecting settlement, and (ii) in allY
other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matler as insured. If the Com-
pany is prejudiced by the failure of the Insured 10 furnish the required coop-
eration, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, proseclIte, or con-
tinue any litigation, with regard to the matter or mailers 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, c-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 granlits
permission, in writing, for any authorized representative of the Company to
examine. inspect, and copy all of these records in the custody or control of
a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Com-
pany pursuant to tbis 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. (,.lr grant permis-
sion to secure reasonably necessary infonnation from third rarties as re-
quired in this subsection, unless prohibited by law or governmental regula-
tion, shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following addi-
tional options:
(a) To Payor Tender Payment of the Amount of (nsurance.
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 that were authorized by the Company up to the time of pay-
ment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obliga-
tions of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate, including any li-
ability or obligation to defend, prosecute, or continue any litigation.
(b) To Payor Otherwise Settle With Panies Other Than the Insured or Wilh the
Insured Claimant.
(i) To payor otherwise settle with other parties for or in the [lame of an
Insured Claimant any claim insured against under this policy. In addi-
tion, the Company will pay any costs, altomeys' fees. and expenses
incurred by the Insured Claimant that were authorized by the Com-
pany up to the time of payment and thai the Company is obligated to
pay; or
(ii) To payor otherwise settle with the Insured Claimant the loss or dam-
age provided for under this policy, together with any costs, atlomeys'
fees, and expenses incurred by the Insured Claimant that were autho-
rized ... Company up to the time of payment and that the Com
pany l~gated to pay.
Upon the exercise by the Company of either of the options provided for il
subsections (b)(i) or (ii), the Company's obligations to the Insured unde
this policy for the claimed loss or damage, other than the payments require<
10 be made. shall terminate, including any liability or obligation to defend
prosecute, or continue any litigation.
8, DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damag(
sustained or incurred by the Insured Claimant who has suffered loss or damage b)
reason of matters insured against by this policy.
(a) The extenl 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) the difference between the value of the Title as insured and the valm
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 have the right to bave the loss or damagt
determined either as of the date the claim was made by the Insurec
Claimam or (IS of the date it is settled and paid.
(cl [n addition to tbe extent of liability under (a) and (b), the Company will alsc
pay those costs, attorneys' fees. and expenses incurred in accordance wit~.
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect. lien, 01
encumbrance, or cures the lack of a right of access to or from the Land, or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any
appeals, it shall have fully performed its obligations with respect to that
mutter 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 shaIl have no liability for loss or dam-
age until there has been a final determination by a COUll of competent juris-
diction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for !iabil~
ity voluntarily assumed by the Insured in settling any claim or suit without
the prior wriuen consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees,
and expenses, shall reduce the Amount of Insurance by the amount of the payment.
II. LIABILITY NONCUMULATIVE
The Amollnt of Insurance shall be reduced by any amounl the Company pays
under any policy insuring a Mortgage to which exception is taken in Schedule B or to
which the Insured has agreed, assumed, or taken subject. or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount
so paid shall be deemed a payment to the Insured under this policy.
I 2. 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 and paid a claim under this policy,
it shall be subrogated and entitled to the rights of the Insured Claimant in
the Title and all other rights and remedies in respect to the claim that the
Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company.
If requested by the Company, the Insured Claimant shall execute documents
to evidence the transfer to the Company of these rights and remedies. The
Insured Claimanl shall permit the Company to sue, compromise, or settle in
the name oflhe Insured Claimant and to use the name of the Insured Claimant
in any transaction or litigation~v..2.ll:ing i!!f*~rt\12$Amedies.
If a payment on account of aLJ:GM.fi;JS'\Je';\flJtiJ Y:~~Fhe loss of the
Insured Claimant. the Company sha]1 defer the exercise of its right to recover
umil after the Insured Claimant shal.l~ rec~elO4ii\tl\ loss.
(b) The Company"5 right of subrogatic\l~&ucresQhelr\.kHls of the Insured to
indemnities. guaranties, other policies of insurance, or bonds,
notwithstanding any terms qr <;,ond~jP{ls ~M'Ytmrn those instruments that
address subrogation rigGnQlnal ,=>UO
14. ARBITRATION .
Either the Company or the insured m;]y deman~ the claim or controversy
shall be submitted 10 arbitration pursuanllo the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules. there
shall be no joinder or consolidation with claims or controversies or other persons.
Arbitrable matters may include, but are not limited 10. any controversy or claim between
the Company ana the Insured arising OUI of or relating 10 this policy. any service in
conneclion with its issuance or the breach of a policy provision. or to :1I1y other
controversy or claim arising out of the transaction giving rise to this policy_ All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall he arbitr:ned at Ihe
option of either the Company or the Insured_ All arbitrable malters 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 parties. Judgment upon the award rendered by the Arhitrator(sl
may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy. this policy shall be
construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim shall be restricted to this policy.
(C) Any amcndment 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 10 this policy issued at any time is made a pan of this
policy and is subject to all of its terms and provisions. Except as the en-
dorsement expressly states, it does not 0) modify any of the tenns and pro.
visions of the policy. (ii) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITe
In the event any provision of this policy, in whole or in part. is held invalid or
unenforceable unoer appliL"abJe law. Ihe policy !ihall he deemed not to include that
provision or sllch pan held to be ill valid. hut all other provisions shall remain in full
force and effect.
17. CHOICE Of LAW; fORUM
(t1) Choice of Law: The Insured acknowledges the Company has underwritten
the ri.~ks covered by this policy and detemlined the premium charged therefor
in reliance upon the law affecting interests in rea] property and applicable
to the interpretation, righls, remedies. or enforcement of policies of title
in.~urance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to delennine the validity of claims against Ihe
Title that are adverse 10 the Insured and to interpret and enforce the lenns of
this policy. In neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or olher proceeding brought by the Insured
against the Company must be filed only in a stale 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 10 be
given'to the Company under this policy must he given to the Company at
Fidelity National Title Company
Nationa] Claims Administration:
P.O. Box 45023
Jacksonvil]e. Florida 32232-5023
Date Received:
OCT - 6 2010
Original Submittal
.. .
.
.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, Florida 32232-5023
Date Received:
OCT - 6 2010
Original submittal
Division o( Chle( Deputy Cle~k
Lane County Deeds and Reco~ds
~~~~.~~~~~~
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BAILEY HILL DEFINED BENEFIT PENSION PLAN
11436,3762 W. 11TH
EUGENE, OR 97402
Grantor's Name and Address
BRANDON L. PARKS
6680 JACOB LANE
SPRINGFIELD, OR 97478
Grantee's Name 8l1d Address
After recordinK return to:
EVERGREI!:N LAND TITLE CO.
P.O. BOX 931
SPRINGFIELD, OR 97477
Until 8 change. is requested, aU tax statements shaU be
sent to the foUowing address.
SAME AS GRANTEE
111111111111111111111111111I111111111111111111111
00543878200400089080010010 2 02 28 39 PM
o /09/2004 : :
RPR-DEED Cnt=l Stn=8 CRSHIER 06
$5.00 $11.00 $10.00
\l~Ol-3'1-11 lL'1800
TITLE NO. ELT-43493
ESCROW NO. S1'03-16141
TAX ACCT. NO.. 1677572
MAP NO. 170234 11 09800
WARRANTY DEED. STATUTORY FORM
(INDIVIDUAL OR CORPORA TlON)
KNOW AU MEN BY THESE PRESENTS, Thal BAILEY HILL DEFINED BENEFIT PENSION PLAN
hereinafter called grantor, for the consideration hereinafter staled, to grantor paid by
BRANDON L. PARKS and JAMIE K. PARKS, hushand and wife
hereinafter called grantee, does hereby gram, bargain, sell and convey unto the said grantee and grantee's heirs,
successors and assigns, that celtain real property, with the tenements, hereditaments and appultenances thereunto belonging
or appeltaining, sitUaled in the County of LANE and Stale of Oregon, described as follows, to-wit:
LOT 65, 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.
To Have and to Hold the same unto the said grantee 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 seized in fee simple of the above granted premises, free from all encumbrances except f,Jon ~
Subject to any and all easements, restrictions and covenants of record
and thal grantor will warrant and forever defend the said premises and every palt and parcel thereof against the lawful
claims and demands of all persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, staled in terms of dollars, is $186,878.00.
V"...TvrrHr:.., t:~B rrir 1 .",:J...nd~vn Lvu~:"i" uJ VI lur.;/uJ~f1 l#lJ", l"VPfi,t~) dF n:d"n g:.'f J l,.-JJL,..~'rgJ UlJ.:. Ii J~ (the
'11-118' 'II. . ('-J) AS/fsiBeFa#<J,1 {;udlt:wf.: w}"id~).'" (The sentence between the symbols *, if not applicable should be
deleted. See ORS 93.030.)
In construing this deed and wllere tile context so requires, tile singular includes the plural andllbl raml1lalical challges
shall be implied to make the provisiolls hereof apply equally to corporations a9fl.to individuals. !
In Witness Whereof, the grantor has executed this instrument tllis ~ day of .
20~ if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly autllOriud tllereto
by order of its board of directors.
TIDS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TIDS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TIDS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FORES!' PRACTICES AS DEFINED IN ORS 30.930.
BAILEY fiLL DE~NEFIT FENSION PLAN
BY," 'Jt .
THOMAS K. DEAN
,. .1
.' OFFICIN. .
@~. DICKIH' .'.;. ;
'.' . 'f"!' NOTARY PU::. '-' . .
~iW' COMMISSIO..".', ..,
MYCOMMIS~IONt>:i. .i.IUlu. . 1 . d'
.. . ''lJate-RecelVe .
ST TE OF OREGON, COUNTY OF Lam
C'
)
My commission expires:
OFFICIAL SEAL
.. . DICKIE MOGSTAD
,{i.... ..1 NOTARY PUBLIC. OREGON
...../ COMMISSION NO. 34613B
... MY COMMISSION EXPIRES JUNE 24, 2005
.
r DIViSion. Chief Deputy Clerk
Lane Counly Deeds and Records
/
2~~~.~~m~
$26,00
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BERJAC OF OREGON
P.O. BOX 726
EUGENE, OR 97440
Grantor's Name and Address
ELDPN SHAW A 1- L
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Grantee's Name and Address
~ERGIti:lNLAND TITLE CO.
P:O. BOX 931
SPRINGFIELD, OR 97477
Until a change is nquested, RII tax statements sh8ll be
sent to the foUowing address.
SAME AS GRANTEE
1111111111111111111111111111111111111111111111111
00637487200400824980010014 10/25/2004 02:29:33 PM
RPR-DEED Cnt=l Stn=7 CASHIER 06
$5.00 $11,00 $10.00
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TITLE NO, ELT46392
ESCROW NO. 51'04-17492
TAX ACCT. NO. 1722535
MAP NO. 1702341115400
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL OR CORPORATION)
KNOW ALL MEN BY THESE PRESENTS, That BERJAC OF OREGON and THOMAS K. DEAN, trustee of
JAMES A PAULSON REVOCABLE LIVING TRUST, dated October 7th, 1998
hereillafter called grall/or, for the consideratioll hereinafter stated, to grantor paid by
ELDON SHAW and LAURA I. SHAW, husband and wife and SAMUEL HARRISON and JULIE HARRISON,
husband and wife and BRANDON L. PARKS and JAMIE K. PARKS, hnsband and wife and ROBERT D.
RIDGE and AMY D. RIDGE, husband and wife
hereillafter called grall/ee, does hereby. grant, bargain, sell alld convey unto the said grall/ee alld grall/ee's heirs,
successors and assigns, that certain real property, with the tellemellts, hereditamellts and appurtellances thereunto belollging
or appertaining, situated in the County of LANE alld State of Oregoll, described.~ fo!lowJ.,t?~~it:
TRACT "A", LEVI LANDING 2ND ADDmON, REPLAT OF LOTS 59,60,61,62 AND 67,
AS FILED AND RECORDED MARCH 29, 2004, RECEPTION NO. 2004-021855, OFFICIAL
RECORDS OF LANE COUNTY, OREGON
,
To Have alld to Hold the same ulllo the said grunlee and grall/ee's heirs, successors alld asslglls forever.
And said grall/or hereby covenallts to alld with said graalee and grantee's heirs, successors alld asslglls, Ihat grall/or is
lawfully. seized in fee simple of the above granted premises, free from all ellcumbrances except
2004-2005 Real Property Taxes, a Lien now due and payable.
Subject 10 any alld all easemenls, restrictions and covenants of record
and that grall/or will worrall/ and forever defend Ihe said premises and every part and parcel thereof against Ihe lawful
e/aims and demands of all persons whomsoever, except those claimillg under Ihe above described encumbrances.
The true and aClual consideration paid for tilis transfer, stated ill terms of dollars, is $ 6,000.00.
'However, the actual cOllsideratioll cOllsists of or ille/udes otlter property or value givell or promised which is (Ihe
wilOle/pan of the) consideration (indicate which). ... (Tile sentence between the symbols., if not applicable should be
deleted. See ORS 93.030.)
[II construing this deed and where the cOlltext so requires, the singular ille/udes the plural and all grammatical changes
shall be ill/plied to lIUlke the provisions hereof apply equally to corporalions and to individuals.
''I WilllessWhereof, the grall/or has executed this illstrumellt tllis October 25 day of October 25 .
20 ~ if a corporale grall/or, it has caused its name to be signed alld seal affixed by ils officers, duly authorized thereto
by order of its board of directors.
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMENT IN VIOLATION OF APPLICABLE
ULATlONS. B GNlNG OR ACCEM'ING TillS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
D CHECK TH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
ANY ITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFJNEn IN ORB 30.930.
BERJAC OF OR
Partner
<7 I C~ t7a v.ff"-
THOMAS K. DEAN, trust.. of JAMES A PAULSON REVOCABLE LIVING TRUST
STATE OF OREGON, COUNTY OF J.aNIl--
)ss.
o( 7().3l/L ds
A / Michael Holcomb, as
. 20~ BY BERJAC OF OREGON 8Ild
October 7th, 1998
Date Received:
PartD!
My commission expires:
,f--j / -() 7
o ICIALSEAL
SHAWNA LOYD
NOTARY PUBLlC.OREGON
COMMISSION NO. 37 J 443
MYCOMMIsSlON EXPIRES AUGUST 11,2007
...~~
OCT - 6 2010
Original submittal
RECORDING REQUESTED BY:
Fidelity National Title Company of Oregon
~ Division or clltr Deputy Clerk
Lane County Deeds and Records 2~1~.~29~~~
~fW'l!l~Jl~lWml~lIJWJ~lllllllrllll $47,00
RPR-DEED C t 1 St 06/24/2010 II :04:54 ~M
n = "=1 CASHIER 06
$10.00 $11.00 $16.00 S10.00
..
;- ....,J;T~ RECORDING RETUan
.. FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF OREGON
800 WILLAMETrE ST., #500
EUGENE, OR 9liOl
GRANTOR'S NAME:
Samuel Harrison and Julie Harrison. as tenants
by the entirety
GRANTEE'S NAME:
Brian Kirk Gesik and Cheryl Reiko Gesik,as
tenants by the entirety
SEND TAX STATEMENTS TO:
Brian Kirk Gesik and Cheryl Reiko Gesik,as
tenants by the entirety
6718 Jacob Lane
Springfield, OR 97478
AFTER RECORDING RETURN TO:
Brian Kirk Gesik and Cheryl Reiko Gesik
6718 Jacob Lane
Springfield, OR 97478
Escrow No: 4610015656-FTEUG03
Tax Act #1722535
Springfield, OR 97478
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Samuel Harrison and Julie Harrison, as tenants by the entirety, Grantor, conveys and warrants to
Brian Kirk Gesik and Cheryl Reiko Gesik,as tenants by the entirety
Grantee, the following described real property free of encumbrances except as specifically set forth
herein:
Tract "A", LEVI LANDING 2ND ADDITION. REPLAT OF LOTS 59,60,61,62 AND 67, as platted
and recorded March 29, 2004, Reception No. 2004-021855, Official Records of Lane County,
Oregon.
ENCUMBRANCES: Rights off the pubiic, 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 ii, CHAPTER 424, OREGON LAWS 2007, AND
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF
LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS
DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF 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 ~I 0
Date Received:
OCT - 6 2010
Original Submittal
\ I t !SbCjfp V Ib
-
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... {.....(,..!i'
.
.
State of OREGON
COUNTY of Lane
)Ar'N / \l
,20~
M omml ion expires:
Notary Public - State of Oregon
-\0
.
OFFICIAL SEAl.
VICKIE L IlAlIGlIIr\N
NOTARY pusuc. OREGON
COMMISSION NO. (10818
MY COMMISSION EXPIRES ceC. 18. 2010
O t R,,,.~....:,:,,,,..l'
a e ,~-"
OCT - 5 20m
Original submittal