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HomeMy WebLinkAboutDeed APPLICANT 10/14/2010 . Sea.. Ci.. E-a.":/l.. }\1D.\t. if-Lhm .~h~1- en n-t- UJes+ln',frl 6+ RETURN 10 CASCADE TlTtE CO. U" ~LIot:... e..o \-1lU.ot C$ \"\~-n.- "I\.'IQ,\ After recordlna. send to: Weyerhaeuser Company CH 1 F23 PO Box 2999 Tacoma WA 98477-2999 " , Dlvlolon 0' Chi.' Dopu~y CI.,.k 'lM1 '''411 L..ne Counly De.... ..... R_da 'I/V "V /I , 1I~lmmllllll~IIUIIIIIIII~II~lllm $61.88 ~11l8Tl44I..een U/21J2eettl:43:35 All 1PI-IlEED Cnlal Slftd CASIllO 114 . .... '11.11II 'le.1III Send tax ststements 10: Steven O. & Marguerite Bergstrom 2990 South Wes119S" Ave. Aloha, OR 97006 ...... Y{ABBANTV DEED .- THE GRANTOR, WEYERHAEUSER COMPANY, a Washington corporation,. for valuable consideration, receipt of which is hereby acknowledged, conveys and . warrants 10 STEVEN... O. BERGSTROM and MARGUERITE BERGSTROM, husband and wife, GRANTEES, the real estate, situated in Lane County, Oregon, described on the attached Exhibit A, attached hereto and incorporated by reference herein, and subject to the reservation by Grantor, the fencing obligation of Grantee and the encumbrances of title as set forth on said Exhibit A. The true and actual consideration for this transfer is: None - Exchange of land 01 equal value. THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE Am LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEANED IN ORS 30.930. Dated the ~ day of A, lei ):G,L, 2001. ",'~y.f~c--~ WEYERHAEUSER COMPANY "rv~....c;~P OPi;;...?-!,.~ #i/v )'~;~\ r( SEAL r/~ \.. ........ .....:- W."..rhaeuserlB~a1.";::;~", Lane County OR - .--~~N~;~ G97-1043, 08102I01 ~,,- Page 1 012 PRE-SUBMITTAL REC'O OCT 1 4 2010 . -e " STATE OF WASHINGTON ) ) $S. COUNTY OF KING ) - Personally appeared before me, the undersigned .authority in and for said county and state, on this (;jtt..,. da~ of ~1)5i-. r:-'_ 2001. within my jurisdlctfon, the within named _ ~-;;:[7.J E. I:I:;IlDm and b.lll . A\~14... . -, who l!~~edg,ed that they are -- St:,fu::erp<:kl\~ and ~no-bt.....lJ.- of WEYERHAEUSER COMPANY, a Washington corporation, and that for-ind oQ behalf of the said corporation. and as its act and deed they executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. ~ M. (JJAIJ,t:;'- No Public /cs- My appointment expires:.. r I ,"'''''''''' ,., .. ~,. '" fl.... ~ .. ctifD;"" l~~~~\ i ("OTARy \ : \ ~.~ Z- l~\PUBLlC J -., ~ ~A:-~'.'.. i .... .~- -..,~ ,," -'" OF .~.... "" ",.,,,....,,,' . . _h,,-~' . ...-.....,..... Weyerl1aeusetfBergs/lom et al Lane County OR G97.1043.06I02/01 Page 2 of 2 PRE.SUBMITTAL REC'D OCT 1 4 2010 ,--- . . .. IN LANE COUNTY. OREGON TOWNSHIPS 17 & 18 SOUTH. RANGE 2 WEST. W.M. /l . / j i Parcell: I c That pa 1 the A. W. Hammlt D.Le. 138 (in Section 32), TownshlD 17 South. a 2 West of W. M., and at part of the A. W. Hammit D.Le. 186 (in Section 5), TownshlD 18 South. RlInQe 2 West 0' W. M., described as follows: .> . Commencing at a point on the South line of the McKenzie Highway 19.584 chains South of the Northwest comer of said A. W. Harnmit D.Le. #38 (which point is the Northwest comer at a tract of land conveyed by W. R Robertson and wife, to Weyemaeuser TlIl1ber Company by a Deed dated R!bruary 28. 1946 and recorded In Book 317, at Page 171, Lane County Deed Records, and Is marked by a concrete monument designated as Weyerhaeuser Timber Company Monument No. 15); Thence East, along the South line of said Highway, 100.0 feet to the Northeast comer of the tract of land conveyed to the City of Springfield by Deed dated August 8, 1961 and recorded August 19, 1961, Reel 177 '610, Clerk's Receiving No. 40857, Records of Lane County, Oregon, and the True Point of Beginning of the tract of land helllin conveyed; Thence East, along the South line 01 said Highway, 105.00 feet to the westerly right of way bounllary of the Weyerhaeuser Company private truck road; Thence South O. 49' East, along said right of way boundary,1Tl01.5 feet; .. . Thence along said right of way boundary, on the arc of a curve to the left with a radius of 766.20 feet through a central angle of 490 03', an arc distance of 655.93 feet; Thence South 48. 15' East along said right of way boundary to the North line of the 7o-foot strip of land conveyed to The Booth-Kelly. Timber Company by Deed dated February 14,1955; Thence Wnterly, along said North line to its Intersection with the West line of said A. W. Hammit D.L.C. .86 (the center1lne of said 70-100t strip Intersects said West line at a point 3,340.45 feet South of the Northwest comer of said A. W. Hammll D.L.C. #38); WeyerhaeuserlBe'll6trom et aJ Lane Counly OR 097.1043.812101 EXHIBIT A, Page 1 of 6 PRE-SUBMITTAL REe'D ~c; ] 4 2010 I~ f; .. ~.: .oj u I . . " Thence North. along said West line to the Soulhwest comer 01 the tract of land conveyed to the City of Springfield by a Deed dated January 23, 1973; Thence East, along the South line of said City of Springfield tract 100 feet; Thence North. along the East Une of the two (2) tracts conveyed to the City of Springfield by said Deeds dated August 8, 1961 and January 23. 1973. 250 teet to the True Point of Beginning' -\ /ParceI2: -. ~rt 01 the A. W. Hammit D.L.C. *86 (Section 4-'and 5). Township 18 South. Rena. 2 West of W. M. described as follows: " -- - Beginning at a point on the South line of the McKenzie Highway which is 1,292.54 feet (19.584 chains) South of-the NorthW8St- comer of the A. W. Hammit D.L.C. #38 in Township 17 South, Range-2WeSt of W. M., which point is marked by a concrete monument designated as Weyerhaeuser Timber Company Monument No. 15; Thence East along the South line of said highway for a dlstanca of 1,387.32 feet (21.02 chains) to a point which is the Northeast-comer of a tract of land conveyed by W. R. Robertson and wife, to Weyemaeuser Timber Company by a Deed dated February 28,1946, recorded i1 Volume 317, at Page 171. Deed of Records of Lane County, Oregon, and which point Is marked by a concrete monument designated as WeyerhaeuserTunbe-r Company Monument No. 18; Thence South. along the East line of the tract of "md conveyed by said Oeed dated February 28; t946. for a distance of 2,215.3 feet to an iron pipe which is the True Point of Beginning of the tract herein described and which point marks the SoutheaSt comer of the Strip of land -delil:nbed as Pareal 1 in a Warranty Oeed dated February 14. 1955, to The Booth-Kelly Lumber Company; thence along the South Una of said Parcel 1 and Pereal 2 as described in said Deed dated February 14, 1955, as lollows: (1) South 87' 54' West a distance of 62.50 feet; (2) Thence along a 90 30' 06' curve to the right (the long chord of which bears North 78031' 30' West 283.39 feet) for a distance of 285.80 feet; (3) Thence North 64' 5T West a distance of 217.4 feet: Weyerhaeuserl8ergstl'Om eI al Lane County OR G97.1043.8I2IOl EXHIBIT A, Page 2 of 6 PRE.SUBMITTAl REC'D OCT 1 4 2010 . . " ~~ (4) Thence along a 10.33' 12' curve to the left (the long chord of which bears North 68" 22' 45' West) &5.02 feet; (5) Thence South lS.11' 30" West a distance of 5.0 feet; (6) Thence along a 10. 38' 06' CUM! to the left (the long chord of which bears North 85. 57' 45" West) a distance of 287.75 feet; (7) Thence South 79" 53' West a distance of 543.84 feet to a point on the West line of said A. W. HammIl D.LC. #86 3.382.00 feet South of the Northwest comer of the 'A. W. Hammlt DLC. #38; Thence South, along said West rille 123.34 feet, more or less, to Weyemaeuser TImber Company MOnllll1ent No. 16, situated at the intersection of said West line and the North line of Southam Paclflc Company's right of way; Thence Southeasterly. along said North rUle to Weyerhaeuser TImber Company Monument No. 17,which IlIlIIIcs the Easterly boundary of the tract conveyed by said Deed dated ftebruary 28. 1946; Thence North. along said East line, 831.04 feet, more or less, to the True Point 01 Beginning. It is the intent 01 the Grantor to convey aU that 'pOrtion 01 the tract 01 land acquired by said Deed dated February 28. 1946, lying South of the two parcels of land described In said Deed dated February 14, 1955. to The Booth-Kelly Lumber Company. , " (: '- , RESERVATION: . .~ Grantor hereby expressly SlMlS, excepts and reserves out of the grant hereby made, unto itself. its successors andaSSi9ns. forever. all geothermal steam and heat and aD metals, ores and minerals of any nature whatsoever In or upon said land including. but not limited to, coal, lIgnite, peat, oil and gas, including coal seam gas. together with the right to take out and remOV8 therefrom all such geothermal resources, metals, ores and minerals. Provided that Grantor, its successors and assigns, will not occupy or usa the surface of said land and will not do any development, excavation or minilg wlthln a vertlcal depth of 500 feet. Grantor. its successors and assigns, shaD, however, have the right to enter upon such land to conduct geophyslcaJ and geological surveys and other exploration. Grantee and Grantee's heirs. representatives, successors and assigns. shall be paid just and reasonable compensation for any iljury or damage to the surface 01 WeyemaeuseriBe<gslrom .t 81 ' Lana County OR G97.1043,8I2I01 EXHIBIT A, Page 3 016 PRE-SUBMITTAL REC'D on 1 4 2010 f:_ " ,", e e. .. said land, to the crops or to the improvements thereon caused by the exercise of any rights herein reserved; provided further, that the exercise of such rights by Grantor, its successors and assigns, shall not be postponed or delayed so long as Grantor Is making reasonable efforts to agree upon or have determined such just and reasonable compensation. FENCING OBUGATION OF GRANTEE: Grantee shall erect a fence along the edge of the adjoining Weyemaeuser Logging Truck Road prior to construction of houses on any parcels contiguous to the Logging Truck Road, but after grading Is complete and streets are installed to serve those lots. Property deeds to lots, parcels or tracts, adjacent to the Logging Truck Road, created by Grantee shalllnclude a deed restriction notifying future property owners of Weyemaeuser's Intent to continue to use said road for logging truck traffic. SUBJECT TO: all easemenJs and rights of way for public roads and utilities heretofore. established end exlsting on said lands, and (1) Rights reserved in federal patents or sla1e deeds, mineral or fossil rights reservations, build"lOg or use restrictions general to the area, existing easements not Inconsistent with Grantee's Intended use, and build"lOg or zoning regulations or provislgns shall not be deemed encumbrances or defects: -. . ~ . (2) Ancestral rights, if any..ot.descendanls of aboriginal Inhabitants to occupy, use and possess any portion of the Pf8mises, as reserved by treaties, understandings, practice, statutes, or julfJcial decisions; for food gathering, shelter, religious ceremonies, social and economic gatherings, battlefields and burlal sites. (3) All matters of public record, to any easement or right of way for any public or orivate roeds, railroads or utilities heretofore existing on sald lands. (4) May be designated, for tax purposes, as Forest Land. Compensalilg tax, if any Is due, will be the responsibility ollhe Grantee upon change of use as lorest land. WeyemaousorlBorgatrotn at aJ Lana County OR G97.1043. 812101 EXHIBIT A, Page 4 of 6 PRE.SUBMITTAl. Rf(;'D OCT 1 4 2010 . . ,r " (5) All planning, zoning, health and other govemmental regulations, If any, affecting subject property. (6) Any prohibition of or limitalion of use, occupancy or improvement of the land resulting from the ~ls of the public or riparian owners to use any pOl1ion which is now, or has fonnerty been covered by water. (7) Document: Easement lor Irrigation Canal Oms: 'Apri125,l936 Grantor: Louis H. Under at al Grantee: Eugene-Springfield Land & Water Company Recording #: Book 186. Page 175 (8) Document: Highway Conslructfon Permit Date: May 18,1966 Grantor:.. WeyerhaeuserCompany Grantees: State of Oregon/City of Springfield Recording #: Roel No.292D, Reception No.55629 (9) Document: Right of Way Easement Dale: July 6, 1966 Grantor: 'Weyerhaeuser Company Grantee: City of Sprlnglleld Recording #: Reel No.293-D, Reception NO.58164 (10) Document: Right of Way Easement Date: _, August 4, 1966 Grantor: Weyerhaeuser Company Grantee: City of Springfield Recording #; Reel NO.293, Reception No.58163 . . .,.' (11) Document: Utility Easement Date: June 23, 1983 Grantor: Weyerhaeuser Real Estate Company Grantee: City of Springfield Recording #: Reel No.1252, Recepllon No.83-22991 We)'llrhaeuserlBergslrom .1 al Lane County OR G97.1043, ~1 EXHIBIT A, Page 5 of 6 PRE.SUBMITTAL REC'O on 1 4 20m I . . , . , . " , . (12) Document Utility Easement Date: June 23, 1983 Grantor: Weyemaeuser Real Estate Company Grantee: City of Springfield Recording It: Reel No.l252, Reception No.83-22992 (13) Document: Public Water UtIlity Easement Date: September 25. 1983 Grantor: .. Weyemaeuser Company Grantee: . City of Springfield Recording #: Reel No.1262, Reception No.83-32317 (14) Document: Road Usa Dedication. Construction and Maintenance Agreement Date: September 9. 1985 Parties: Weyemaeusar Company, Weyemaeuser Real Estate Company and City of Springfield Recording #: Reel No.1368, ReceptIon No.8~33n6 ..... End of Exhibit A... .. WeyerhlUltlleflllergslrom .1 oJ Lane Counly OR G97-1043.8I2IOl EXHIBIT A, Page 6 of 6 PRE.SUBMITTAl REC'O OCT 1 4 2010 -