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HomeMy WebLinkAboutApplication APPLICANT 10/6/2010 .' / . :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: ~s- ./<;; R: r~ \D -0000 I OCT - 6 2010 Revised 1/1/08 Molly Markarian 1 of 4 Original Submittal Signatures Applicant: Property Owner 1: . . The undersigned acknowledges that the information in this application is correct and accurate. ~/~~ 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 . . . , I ) . 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 q-/f-/O . . 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 , . . 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 .~. . . 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 , . . 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 .i . . 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__- ..- '- . . ; , 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: ~ \ c...-- Brian K. Gesik ~~ 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 ,-" > - >!2t~ &p~W-- ~~!~. ) 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 ~ ) County of Lane )SS ~.. .~ 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 ~. .. . . 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 . . n ,'. L / \ 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 ? .. ~.~:~~......~ 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 " , . . 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 . . 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 . . 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 ~ . ...- I \ . \, ';'i.. ____~___. i \ ..Uf .i-. ,~ ~ 'l .TI'-,~u",-~ ih~~' :;&U . i~ .~.I.\ i-''';'~ie.;J ~.'.II",~ "'1~"'I'lf .-:'.~\S' - :- .~::~ -) ii ! 1 I ~@ . .-o-$WAl.[ .... .,.;:'-;>-?: \ ~ , .'f~ ,. ~u.>-:.'<>~~ \ 1- , "~\;'.~ ii~W ,,!>::C'O:C', ::-~' ,'in....,' ':j: I , i";~~: .~.\/r).:s~~~ \,-;. ." - 0', '1 ,. ',' '''''~' '. I" " , . . I (.,t,\ 'I' I ~~D,: l~l1i ~:) 1[:!i :'fL~_l:~:l;;~::: ! ::::;i I 1(i;' ~'Ii,' ! : 11 \, i I: I' l.. ~ ~ " ~: ~T __ ~ I' I' I -i ,:'-.., I .~ ~ ii"~ ~ _J i,<~~",! ~ ,:7'-;',:1 de; I - ['i &1 Ii, [~i ,;~11 ~ Iiii(' -I'll ~ iF I .----~~ rr :1,,~-=-~1;~ .:.~~""- ,; i I: ill :I:H~~[! 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J { " , ~ sw: IM.----i..' .r" {:! ; 'i~' :'1. ~ Hn'O '\. i J ;i ~,! !:" 1 ~ t 1 ,,:)1 ~. ,'.:;;;;;;:,;::<', .;;1; .. ~ I~ ~~~-,~~-~i. ~";i- ,; ill :: ;_- / , / ~;..:.:? ':: 'i"'" -, 1 .'~ I ,/, /"./ ~,i, ;:; ~~: :!. ~ti~... ~~_-? . ___:-_--/;/" i~ g "I ~! U'" _"l....~A I, ~ -:.'---------------_:--~C>)' / !~!l ,:! h '1 ~ f" 1'// _._- .......~'D /./ .. II ,'.'1' J', ,. ,/' .-' Ill----___. ", :r '-.- - -- -- - ----".<- --=- ""- ., . ; i ~z-~ I, ";' L j' . , , , i: ~ ,. ~ ~ 'a I l i i j i i 11 ;!ll.<1111 ::~~~~~1]~~ ~~ ] j : ~ I i j ~ ~ J .. . : I .; : ; .i ~ l ~ i ~ l1111 . ~~~'i;;'~~ I ~ Ii. ~ ; ~ . . ! . ~ . ~ ~ ; ~ , ' <, ~m -- ......' ....~ .. ..... --, ~-,. ~,-. lEVI LANDING 2ND. ADO. PUBLIC IMPROVEMENTS SITE PLAN AND UT1LlT'I' PLAN o ." "....~ ., t<..., ~ - Q) lj;PRINCFIELD. OREGO'" H ;l '" ~~ ::: i: .. , 11 j' .1 " ;! 1 , .. I: i ~~~& ! ~ j E e ~ ,c, , , ; ~ II ~ : .-' ~ Q ~ :: is ir;; ~ :; ? ; ~ ~ ! ~ ~ Ii: . ~ ~ ~ ~ ;; ,..8 ,l~'!'! 2:.!!.21.... "'fl'-i --.....' .. '-"-" Original Submittal . . ----- ---- --.-...-----------.., 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 I I Page - 3 Jacob Lane-Ruff Park Pedestrian Access Easement aj6260J .OCT - 6 2010 Original submittal 'I /'1 I' :1 I · Ii ~~11 ~ '" I: :;: I' !Ii ,I ~ I ~ II. -. - ,- - ,"- '- 'I . lIlt".. II.~---~ i ,.!!'~a I I: ,. ~ -I ,. ----..... 1/:1 I I', I " l:i, : 'i!: 'fi!1" '.' r -' j" ji!r i I:. T'i I; :; : I ;1! i. )' . ~: r ~ i ' I ; ; '" e 1',;:1 ~ i .1il ~ .: I i i :~' 3 :4:1 : l' I ~ II!!I ,0'1" "f !;,,; .:11: i ~: Ii: 'II": I: I: ~ 11..13 'Ir- ~! II : ;;W i ~11) ; :: p " " ::; J :ii i I i~- ll'~"'~ ,I I , , ~,... ". '-- . . ......... . a) " , ! , . I {\ I I i l . ~ ! I I I - I ;; I . " ., . I! I " " i' !I ;1 II j,~ '.~ i , / ! : : <> I " ",' -'I" , " ' \" ' ;. ;, ,;.' '.; " I , II -, \\c , i " i ~ / .--. I- / -.-- /' .--- '..111 Ill, III II: ~ ! III II I ! 11111 ~ ; 3 ~ ~~ ~ ~ j i E ~ ; I 1 . . i~ ! ,1 ' ~ I;~ J 1 . iil L llid pi ," -/1 ',' ~ ,1 .. !Ii i ' , , ! ' i I ~ -----, ~} !PI!! j llii l j! d!i l!ill!! ffe,ii. l Ill'! H ; ~ ~ J . ~ ! .. ,:. I EXHIBIT A PEDESTRIAN ACCESS EASEMENT ~,- LEVI LANDING 2ND. ADD. _ -. PUBLIC IMPROVEMENTS ~1,-';:, f1, SITE Pl....,. ....0 UTilITY ""AN Z :IIIt;" "'~~! 'PfUNCI'lEUI, OfIECON ',-.: 4 ...... ..... ~ . " , " .- lE' , t , I , '\ ;, ; ~ <llJ(j~," ~~~~g I: := f II ~ i! ~ i ! h ~ ~ . Ii -, ~ ~ = i g ai i i ~ 'if ,I c: j! i I , . b~te Re e~ed: lbl0 '~BCR~~=utT ,_ i al '. . . 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 - Grants ofP . nvate E ...... '_.' . asemeots ! 'I .Ii! 1/": I d I: . ~ti1 'j ~;: : I' ,: ,'-" IJ ,\ ii" t "i II. ,- - ,- · , -" ; f. '~-'IlH- I,...~n _ sa: . I ill i 'l'-i<:'''-" f ~J " . I ;" i ~ ~ I . .1~" , It " -.1: I ...J j :;1 i ,I I.: ~, '5": [:i, fi :~, j: i I : I ~.. I 'I.j I:~' e ,I~i! < );\ : '1: ~ 8 I' /" o~ '~II! ; 'I:,: e :ilil,! . 1,:,' I '1" \' :,i/r!; ;" i "1'- '. --'''':.". ::: i> "~',' n ::): i . II: .....---:--. ,;': .... r: i I ,: " !~ r , l , , . \ , ",\ o , . \ ~ . A ! , ! ! _I _""i -~.. ~, ,- . i i' ;! ~ ~ !' . . p. ~ : , : I ~ !1 -- . /;;.::;:>f:: ji :;' .j !~ , , ! , d~ i . ~ I. .. ..... t~ ~; ~ 'j' I,: ~,' !" ~ a jw ~ !l! ill i' . ' ! ' iI , I: ! i , @@~01 ""--/ ;: ==- - .. .... ~"''''''''.' ...,~_. c." ....... LEVI LANDIN PUBLIC 1M G 2ND. ADD.<< sITe PUN ~~~:EMENTS ~" .~~ LUTT PLAN Z 21 g\ .....<f.... 9:-~fl:' . ,y ,ORl!GOH "ii' If -..... ..- ,~ ; ~ ! n ~ ~ i- g ~ :: 'i If ':': Ii -:: r ii '" :> i ~ ; ~ II - ~ ." -, ~ ~ !! ~ g ! ; i j " _ ~ : .. a pi Jat~ Rec . ~ ' IV d' .Jf EC~~ ~~o....,... [= . :.......,,';:., OCT - 6 Of~ 0- ~ f - . '" .........., -~- " ---... ...,.~. L '00;._ 0...'" ...... e...... .. , ",,-' ~ . ~~ L.., . . , 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: ""'~-''''''\''- _"'~.. 't co", ".'t." /:.tb:.'.....;..~ 7...;\ .-:f"c<fjt!>Re~"'~~, f.i~<; ~. _ (, ,. ., ~ . , . ''(''. . 'I~/.( ...........~1).,.""" . '!!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 ..' .... f ~ '(" ~,. '< > , ~_....-~~!..e..Et 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 . w. I w~- .~:., 8 . 0"" . ,,- "'0<;;;., <._t!~in~O< ;..,( ~Dll/'l r.... 2 a U"l..; "'!,U,.; ~ Ii! N 'LI ( ~-:~ ~;t iJ':).~ ",l'R:ll ~ ~~~ I() ~ (0 o 0;0 0; 'j :: ~ 0; C .~2'66 . 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Ii? -..,....co N-:R ~o. .fQ'06 O\it' o .00 NN"'C:O "'--:! ~o. o . oot 8 g:a ~ ::e N--:~ ~o. .10'06 J '''',St.IO I e-_O~(___ . 0 lio :jj ;t~~ OJ ~o. .ttr06 gl;'~_ ot)", '" N",,:~ -0. J .G..~t.{C .0 8"" "'" . <dC'! ~~ ~ <O~"'Ql!'J'" t- C'l-:~ ':\ -0 z .4'9'65' .0 OCT - 6 2010 8UO <s ....... --. -o~ )-.00 O:::f- VlU O~ Wz >.tJ~:I: i;;<~:r,.",,>, ::.~f-E-E-~w O~~e::Jt:U> u25~~~!:5 -( < S<r.n ~~o~..J~< ......f-<f-r.nO >- 1iJ;:Z5!Z~", OZ8W(/)l.l.o -> <LUO::~O:::UJ uo::a.~O<Zl ~209~>g Q.,~l.J..<V1UU cn~Or.n<:(<v; -<>00>-0::0 <t-Z25Z8U:J ;:E::2;::I-<ri:uCO Vl 1i:::E C5::E <,. . :C>OOOUj<C I-tIlU--lUt:~ .(l0.01 --...2: / dVl'/ 33S 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) . . ~ ~2II'1*1I.'~ ."... LC-N24"D1l',21ot INITlM],8l!:' '" I '01' C 10100 e gZpSQJ\fr: ~ "" . II llQ"'5~"Ol' E .... ~ 10200 _ ~ 2;J,4a"f.: ~ 69 .f> " " 10300 k 0.13 N:;. " ~ .. S5IIllmrT. '" ~ '" TRACT 'c' III L POtNT , o o o o o o o o o TRACT 'A' ! ~ :~~~ ~ ~. ~'" : . .if))~ ~. :1:: .:>~=:-'f ~..{: ~ , , . . , , 15400 . 3.5g M;. 2900 S.38508 .. SO-Ga' .,. I , , ~oo ~ 9Boo : " . 1- 9700 ~ . ;,-. 0.25 /!C. . l5 0.25 M:. j.;.. ~ J~m.n. Q19 IIlllOllSAri. 0 0.25 N:;. ~~ 66 Z 65 0 - 11lllltJl&: n s~ , 1 1 , ""'" , 0 """ """,, ... I') "I o ,... ~ t.5~ 110 II 10400 'l>. ~ ~ ~\ll~ & z '" 70 O'i SS8':I3'O\'[ 'JO.a1' 1~ 0.15 N::, ~ '.f':!:! III n ,... 71 ~ , 67 .,...~ Sl&~~a-~ ri' ~'" LANE : ~(""""" "IlO' , ,. ...<.;~' ... I , 14.300 t ~ 1+400 i 14IlOO ~ ~tw~' . 8 ~7sq~: ! geJ?sa~:; 109 Z' 110 l 11' 8 I . , . IoJ llll.illl' 81M I '~ &O,(Il' 111c.) 70110' .g .1....200 I,j ... 1$ .8:51"111.'[ , II O.t'Ae. '1~IDOG~I~' w1~90~ Ii ~ IIaIUI"a;:;;O,12N:.';' t .. ~ 108 r,..ooUf'T. tOiDaml . ~ 0.4 _ f"'::''' -: .' 'j" '-,;," a... t I --__I_S [l; ~ 0 ~ ~, Otl' IrQ "~~~4' E ; ~'.;~ . H1~. - f .. 6ut1 sa n. z 93 . I 14600 0.17 />C. 7l!lllIULn. 112 i tj CIl LIl:!.l!9' NeB.I'9~' THIS MAP IS FURNISHED AS A CONVENIENCE BY MID-WILLAMETTE VALLEY TITLE ~~ Rec~ived: This sketch is m3de solely for the purpose of assisting in locating said premises and .........~O the Company assurres no liability for variations, if any, in dimensions and location ascertained by actual sJ:l.kr -1i'2011 10600 ' ;, 0,23 Ioc. :-.E- J:j IllIlIlll tG I'T ~ "'?iJ. - 72 ,-' "-,,,./ ~ LC~ 43"3lt'~ II lJ INITIAL ~V 10700 ;. 1 0600 PIJ1NT 0.18 NJ. l... 0.13 AC. a ntllll. n ;r '5531 SllrT. ~ 73 : 7-4 ". . . .,. '" I 10900 : 11000 0.1. ~. a 10,13 At. _ ~=F"T "'1""'ZIlrT 15 I 78 : 'n ,.... - ....", MOsEs PASS 1l1.llI' fXI' ". - D.~ 8700 101 ~ &u III F1' q 0.15 IG 10 ill" (J.4. ~ 6441"e F1' ~ :1... S MAP# 17 02 341115400 000 Original Submittal . . ")U A'"SlS'"MlN I ."" ~-~ NE1/4NE llND -.~X.I\T eN ONLY 1/4 SECTION 34 T.17S R.2W. W.IA. LANE COUNTY SE;E IMP" Cl en rtrO:;.KiPiiii II 17 02 34 I 1 NAD 83/91 SCAl..[1-_1lJ:l" 9;,'1' - \, .---+ "'" u:s '00' '00' 2100 2'\11 3200-6000 6&OO-11!1OC 'I 1 1 1 1 SEE DETAIL MAP NO. 1 I I ,I ~~ ., ~ -~ ,"00 m9~09 , ,,~~'""- ~::::---Loo o ~ ~' - ~ ::1"' 0 "'" w <n <n => <<. ~ " "00 , , , / :M~QQ , , ." ! l 'W. , ,~o , 1 , , 1 1 I 1 ,I 1'Ly.f&1-"1 1 I .-----1 I, " m9~OO l " . " , 1 -<.~_i, C\lUIltYl ~': "., " "" ,. . ,~ if- '~ dJ: . f-. - ,(/) ~\02..' j." \1'~1 z ~ => rn cO o co "w ,,~ t~ r-- r.o Jll~ '"" I' , Jlq .. . .< SEE W\~ 17 Cl Ji H 07 .54 11 Date Received: OCT - 6 2010 Original Submittal . . FOR ASSFSSMFNT AND TAXATION O\LY NE1/4 NE1/4 SEC. 34 T.17S. DET AlL MAP NO. 1 LAN E COU NTY SCAI..[\'..IOO' R.2W. W.M. ~ ' '--- ..- . :sn:0lAP'17C121 SU:l,W017Cl271l ; ""' I , "" "" ~~ Itffl. ! ~'I " I~ " ~~"~~ ~ l ii! ~- '!..~~, - ~' ~ ~.:-"f..1 :."". ~.:"S. "'--';;""" ! ~1t lQ,"-r "'" ,~. ""'" ..".;c. '~T l!~ ~1b '@""', '@~, ~, .;, ,. "';"..;' ,p~ ~ ~~'it>"" \. ~ ~ . ~ l ii! ScrWN'17Q2~11 SU~170231SU 17023411 DETAIL MAP NO. NN) 83/91 ~ l~. u~.;.... ~. = ,.. "m .~ .~ .~ - .-. ,~ . . ~ ~ . a~ ~~ Tt~;r . _. .- .. -. .-- .. -. .-. .. -. ....... . -. .-. . -. .-- " . -. ..........' . - _. ..- . .. -. ........ ~ .. _. '- .. -- m_ ~ .. -. .- il ., -. ."... .. - .- .. """ ~ IRJ::' .. - ..~.. .. = :1:G' .. _. .-- .. "'" l~~' 17 D2 34 11 DETAIL MAP NO. 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 ~~~~.~~~~~~ $26,00 ci u ~ F= ~ z t.tl u: <!:l 0: f5;! ~ f2 .2 CC ffi a: 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 8 ~ !::= i- BERJAC OF OREGON P.O. BOX 726 EUGENE, OR 97440 Grantor's Name and Address ELDPN SHAW A 1- L """ C; d- ~ -c.o~.J N __ sP~/"''1f,.Je/, oR. 97Y-;7J 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 @ :5 z LU w a: <!l CC LLJ > LLJ ~ ~ fti a: 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 - ~:'.. ... {.....(,..!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