HomeMy WebLinkAboutApplication APPLICANT 1/18/2011
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Property Line Adjustment
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A licant Name:
Address: I
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. 97477
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Phone:
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7/5S- event:. R ,9740 J
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PROPERTY 1
Tax Lot #: 2.200
.(,'c/c.l OR
Phone: 877-235-547
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Address: P.o. 13 0
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Assessors Ma
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PROPERTY 2
Tax Lot #: 2 00
Address:
Owner:
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Phone: 1-72"- 9905
Com an
Address: b84""F"5~. 5
Fax:
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9747
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Description of If you are filling in this form by hand, please attach your proposal description to this application.
Pro osal: .s .}
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Associated A lications:
Case No.:
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Reviewed b : ~
A Iication Fee: $
Technical Fee:
.l6
TOTAL FEES: $
ROJECT NUMBER:
JAN 1 8 2011
I
1 of 4
Revised 1/1/08 Molly Markarian
Original Submittal
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Signatures
Applicant:
The undersigned acknowledges that the information in this application is correct and accurate.
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Print
Date:
/,;J./'7//d
Property
Owner 1:
Date:
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113/11
Ignature
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Print
Property
Owner 2:
he owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Date:
re
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Print
Date Received:
JAN 1 8 2011
Original Submittal
Revised 1/1/08 Molly Markarian
2 of 4
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Roberts Surveying, Inc.
P.O. Box 7155
Eugene, OR. 97401
Phone: (541)-345-1112)
Fax: (541)-345-3464)
NARRA liVE
Applicant: Lannie McClure
Phone:
541-232-7885
Assessor's Map No. 17-02-35-33, Tax Lots #2100 & #2200
Introduction and Background
This property line adjustment is between 2 legal lots; Lot 19 and Lot 20, Block 2, FIRST
ADDITION TO CASCADE HEIGHTS.
Lot 19 is currently vacant and Lot 20 has a single family dwelling located on it.
The property line common to Lots 19 and 20 goes through a portion of the concrete
porch located on Lot 20. The purpose of this adjustment is to move the common line
northeasterly for setback requirements. The property owners agreed to the location of
the new property line to keep the lots similar to their original sizes. .
Date Received:
JAN1 's' 2011
Original submittal
.
.
After Recording Return to
And send taxes to:
Derrick Roser
6846 F Street
Springfield, OR 97478
PROPERTY LINE ADJUSTMENT DEED
RECITALS
First Tennessee Bank, N.A., hereinafter known as the First Party, is the owner of that certain
real property located in the Southwest Y. of Section 35, Township 17 South, Range 2 West of the
Willamette Meridian and being shown as a portion of Lane County Assessor's Map 17-02-35-33,
known as Tax Lot 2200.
Derrick W. Roser and Angela M. Roser, husband and wife, hereinafter known as the Second
Party, are the owners of that certain real property located in the Southwest Y. of Section 35,
Township 17 South, Range 2 West of the Willamette Meridian and being shown as a portion of
Lane County Assessor's Map 17-02-35-33, known as Tax Lot 2100.
The reference to the legal description of the property owned by the First Party is contained in
Trustee's Deed recorded May 11,2010, Reception No. 2010-022277, Lane County Oregon Deed
Records.
The reference to the legal description of the property owned by the Second Party is contained in
Warranty Deed - Statutory Form recorded April 6, 2009, Reception No. 2009-017184, Lane
County Oregon Deed Records.
Upon common agreement between the First Party and Second Party, they wish to adjust the
boundary of their common property line by this instrument. This adjustment is set forth to
comply with Lane County Lane Use Regulations and the provisions ofORS 92.190 (4).
A survey of the revised boundaries, prepared by Roberts Surveying Inc. will be recorded at the
Lane County Oregon Surveyor's Office.
The true consideration for this conveyance is other than money.
This is the first of 2 adj ustments.
Date Received:
JAN 18 2011
Original submittal
.
.
AGREEMENT
NOW, THEREFORE, First Party and Second Party do hereby adjust their common boundary
line to a position as described on attached Exhibit "A" and depicted on attached Exhibit "E".
The First Party conveys that certain real property described on attached Exhibit "B" to the
Second Party, their heirs, successors and assigns, to accomplish this first of2 property line
adjustments. The legal descriptions for the revised boundaries are attached hereto and
incorporated herein as:
(pROPERTY #1)
The legal description for the revised boundaries of Assessor's Map 17-02-35-33, Tax Lot
2200 is shown on attached Exhibit "C",
(pROPERTY #2)
The legal description for the revised boundaries of Assessor's Map 17-02-35-33, Tax Lot
2100 is shown on attached Exhibit "D".
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 THIS PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENTS TO VERIFY USES.
Date Received:
JAN 1-8 2011
Original Submittal
2
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Derrick W. Roser
Date
Angela M. Roser
Date
STATE OF OREGON)
) s.s.
County of Lane )
On this day of , 20 II, personally appeared before me the above named
Derrick W. Roser and Angela M. Roser, and acknowledged to me that the forgoing instrument be
her voluntary act and deed.
Notary Public for Oregon
My commission expires
(Name), (Title)
First Tennessee Bank, N.A.
Date
STATE OF
)
) s.s.
)
County of
On this day of ,2010, personally appeared before me the above named
(Name), (Title), representing First Tennessee Bank, N.A., and acknowledged to me that the
forgoing instrument be his voluntary act and deed.
Notary Public for
My commission expires
Date Received:
JAN 18 2011
Original Submittal
3
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EXHffiIT "A"
(NEW COMMON BOUNDARY LINE)
A new division line located in the southwest Y. of Section 35, Township 17 South, Range 2 West
of the Willamette Meridian, said line being more particularly described as follows:
Commencing at the most northerly comer of Lot 20, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County
Oregon Plat Records; thence along the line common to Lots 20 and 19, South 46039' 19" East
68.60 feet to the POINT OF BEGINNING of this new division line; thence leaving said
common line and running North 66010'10" West 54.66 feet to the point of terminus of this new
division line, said point being on the westerly boundary of Lot 20, all in the City of Springfield,
Lane County, Oregon.
EXHffiIT "B"
PROPERTY TO BE CONVEYED
FIRST PARTY TO SECOND PARTY
A tract ofland located in the southwest Y. of Section 35, Township 17 South, Range 2 West of
the Willamette Meridian, said tract of land being more particularly described as follows:
Beginning at the most northerly comer of Lot 20, Block 2, FIRST ADDITION TO CASCADE
HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County Oregon Plat
Records; thence along the line common to Lots 20 and 19, South 46039' 19" East 68.60 feet;
thence leaving said common line and running North 66010' 10" West 54.66 feet to a point on the
westerly boundary of Lot 20; thence along the westerly boundary of Lot 20, North 0016'00"
East 25.00 feet to the point of beginning, all in the City of Springfield, Lane County, Oregon an
containing 626 square feet, more or less.
Date Received:
JAN 1 8 2011
Original Submittal
4
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.
EXHmIT "e"
PROPERTY #1 DESCRIPTION
A tract ofland located in the southwest Y. of Section 35, Township 17 South, Range 2 West of
the Willamette Meridian, said tract of land being more particularly described as follows:
Commencing at the most northerly corner of Lot 20, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County
Oregon Plat Records; thence along the line common to Lots 20 and 19, South 46039' 19" East
68.60 feet to the POINT OF BEGINNING of this tract of land; thence continuing along the line
common to Lots 20 and 19, South 46039' 19" East 68.42 feet to a point on the right-of-way line
of South 69th Place; thence along the arc of a 46.00 foot radius curve to the left (the chord of
which bears South 21048'21" West 33.78 feet) a distance of34.58 feet to the southeast corner of
Lot 20; thence along the southerly boundary of Lot 20, North 89044'00" West 87.68 feet to the
southwest corner of Lot 20; thence along the westerly boundary of Lot 20, North 0016'00" East
100.00 feet; thence leaving the westerly boundary of Lot 20 and running South 660 I 0' 10" East
54.66 feet to the point of beginning, all in the City of Springfield, Lane County, Oregon an
containing 6,934 square feet, more or less.
EXHmIT "D"
PROPERTY #2 DESCRIPTION
A tract ofland located in the southwest Y. of Section 35, Township 17 South, Range 2 West of
the Willamette Meridian, said tract ofland being more particularly described as follows:
Beginning at the most northerly comer of Lot 20, Block 2, FIRST ADDITION TO CASCADE
HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County Oregon Plat
Records; thence along the northerly boundary of Lot 19, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, South 89044'00" East 133.68 feet to the northeast corner of Lot 19;
thence along the easterly boundary of Lot 19, South 0016'00" West 79.00 feet to the southeast
corner of Lot 19, said corner also lies on the right-of-way line of South 69th Place; thence along
the arc of a 46.00 foot radius curve to the left (the chord of which bears South 66048'21" West
36.63 feet) a distance of37.67 feet to the comer common to Lots 19 and 20; thence along the
line common to Lots 19 and 20, North 46039'19" West 68.42 feet; thence leaving said common
line and running North 66010'10" West 54.66 feet to a point on the westerly boundary of Lot
20; thence along the westerly boundary of Lot 20, North 0016'00" East 25.00 feet to the point of
beginning, all in the City of Springfield, Lane County, Oregon an containing 8,115 square feet,
more or less.
Date Received:
JAN 18 2011
Original Submittal
5
.
.
. . . "
EXHIBIT "E"
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Ch=36.63' (f)
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Date Received:
JAN 18 2011
Original Submittal
>,' ,.
.
.
After Recording Return to
And send taxes to:
Derrick Roser
6846 F Street
Springfield, OR 97478
PROPERTY LINE ADJUSTMENT DEED
RECITALS
First Tennessee Bank, N.A. , hereinafter known as the First Party, is the owner of that certain
real property located in the Southwest Y. of Section 35, Township 17 South, Range 2 West of the
Willamette Meridian and being shown as a portion of Lane County Assessor's Map 17-02-35-33,
known as Tax Lot 2200.
Derrick W. Roser and Angela M. Roser, husband and wife, hereinafter known as the Second
Party, are the owners of that certain real property located in the Southwest Y. of Section 35,
Township 17 South, Range 2 West of the Willamette Meridian and being shown as a portion of
. Lane County Assessor's Map 17-02-35-33, known as Tax Lot 2100.
The reference to the legal description of the property owned by the First Party is contained in
Property Line Adjustment Deed recorded ,2011, Reception No.
2011- , Lane County Oregon Deed Records.
The reference to the legal description of the property owned by the Second Party is contained in
Property Line Adjustment Deed recorded ,2011, Reception No.
2011- , Lane County Oregon Deed Records.
Upon common agreement between the First Party and Second Party, they wish to adjust the
boundary of their common property line by this instrument. This adj ustment is set forth to
comply with Lane County Lane Use Regulations and the provisions ofORS 92.190 (4).
A survey ofthe revised boundaries, prepared by Roberts Surveying Inc. will be recorded at the
Lane County Oregon Surveyor's Office.
The true consideration for this conveyance is other than money.
This is the second of 2 adjustments.
Date Received:
JAN 18 2011
Original Submittal
1
.
.
AGREEMENT
NOW, THEREFORE, First Party and Second Party do hereby adjust their common boundary
line to a position as described on attached Exhibit "A" and depicted on attached Exhibit "E".
The Second Party conveys that certain real property described on attached Exhibit "B" to the
First Party, their heirs, successors and assigns, to accomplish this first of2 property line
adjustments. The legal descriptions for the revised boundaries are attached hereto and
incorporated herein as:
(pROPERTY #1)
The legal description for the revised boundaries of Assessor's Map 17-02-35-33, Tax Lot
2200 is shown on attached Exhibit "C".
(pROPERTY #2)
The legal description for the revised boundaries of Assessor's Map 17-02-35-33, Tax Lot
2100 is shown on attached Exhibit "D".
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLA nON OF APPLICABLE LAND USE LAWS AND
REGULA nONS. BEFORE SIGNING OR ACCEPTING THIS INSTRllMENT, THE
PERSON ACQUIRING FEE TITLE TO THIS PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENTS TO VERIFY USES.
Date Received:
JAN 1 8 2011
Original Submittal
2
.
.
, .
, ,
Derrick W. Roser
Date
Angela M. Roser
Date
STATE OF OREGON)
) s.s.
County of Lane )
On this day of ,2011, personally appeared before me the above named
Derrick W. Roser and Angela M. Roser, and acknowledged to me that the forgoing instrument be
her voluntary act and deed.
Notary Public for Oregon
My commission expires
(Name), (Title)
First Tennessee Bank, N.A.
Date
STATE OF
)
) S.s.
)
County of
On this day of ,2010, personally appeared before me the above named
(Name), (Title), representing First Tennessee Bank, N.A., and acknowledged to me that the
forgoing instrument be his voluntary act and deed.
Notary Public for
My commission expires
Date Received:
JAN 1 f 2011
3
Original Submittal
.
.
EXHmIT "A"
(NEW COMMON BOUNDARY LINE)
A new division line located in the southwest Y. of Section 35, Township 17 South, Range 2 West
of the Willamette Meridian, said line being more particularly described as follows:
Commencing at the most northerly corner of Lot 20, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County
Oregon Plat Records; thence along the line common to Lots 20 and 19, South 46039'19" East
68.60 feet to the POINT OF BEGINNING of this new division line; thence leaving said
common line and running South 66010'10" East 28.26 feet; thence South 36034'15" East 42.49
feet to the point ofterminus of this new division line, said point being on the right-of-way line of
South 69th Place, all in the City of Springfield, Lane County, Oregon.
EXHmIT "B"
PROPERTY TO BE CONVEYED
SECOND PARTY TO FIRST PARTY
A tract ofland located in the southwest Y. of Section 35, Township 17 South, Range 2 West of
the Willamette Meridian, said tract ofland being more particularly described as follows:
Commencing at the most northerly corner of Lot 20, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County
Oregon Plat Records; thence along the line common to Lots 20 and 19, South 46039'19" East
68.60 feet to the POINT OF BEGINNING of this tract ofland; thence leaving said common
line and running South 66010'10" East 28.26 feet; thence South 36034'15" East 42.49 feet to a
point, said point being on the right-of-way line of South 69th Place; thence along the arc of a
46.00 foot radius curve to the left (the chord of which bears South 21048'21" West 2.00 feet) a
distance of2.00 feet to the corner common to Lots 19 and 20; thence along the line common to
Lots 19 and 20, North 46039' 19" West 68.42 feet to the point of beginning, all in the City of
Springfield, Lane County, Oregon an containing 365 square feet, more or less.
Date Received:
.'.,.;"
JAN 1 82011
Original Submittal
4
.
.
EXHIBIT "C"
PROPERTY #1 DESCRIPTION
A tract ofland located in the southwest II. of Section 35, Township 17 South, Range 2 West of
the Willamette Meridian, said tract ofland being more particularly described as follows:
Commencing at the most northerly comer of Lot 20, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, as platted and recorded in File 72, Slides 119 and 120, Lane County
Oregon Plat Records; thence along the westerly boundary of Lot 20, South 0016'00" West 25.00
feet to the POINT OF BEGINNING of this tract ofland; thence leaving the westerly boundary
of Lot 20 and running South 660] 0' 10" East 82.92 feet; thence South 36034'] 5" East 42.49 feet
to a point, said point being on the right-of-way line of South 69th Place; thence along the arc of a
46.00 foot radius curve to the left (the chord of which bears South 23003'2]" West 35.63 feet) a
distance of36.58 feet to the southeast comer of Lot 20; thence along the southerly boundary of
Lot 20, North 89044'00" West 87.68 feet to the southwest comer of Lot 20; thence along the
westerly boundary of Lot 20, North 00]6'00" East 100.00 feet to the point of beginning, all in
the City of Springfield, Lane County, Oregon an containing 7,299 square feet, more or less.
EXHmIT "D"
PROPERTY #2 DESCRIPTION
A tract ofland located in the southwest Y. of Section 35, Township 17 South, Range 2 West of
the Willamette Meridian, said tract of land being more particularly described as follows:
Beginning at the most northerly comer of Lot 20, Block 2, FIRST ADDITION TO CASCADE
HEIGHTS, as platted and recorded in File 72, Slides]]9 and ]20, Lane County Oregon Plat
Records; thence along the northerly boundary of Lot 19, Block 2, FIRST ADDITION TO
CASCADE HEIGHTS, South 89044'00" East 133.68 feet to the northeast comer of Lot ]9;
thence along the easterly boundary of Lot 19, South 0016'00" West 79.00 feet to the southeast
comer of Lot ]9, said corner also lies on the right-of-way line of South 69th Place; thence along
the arc ofa 46.00 foot radius curve to the left (the chord of which bears South 68002'52" West
34.78 feet) a distance of35.67 feet; thence North 36034']5" West 42.49 feet; thence North
66010' 10" West 82.92 feet to a point on the westerly boundary of Lot 20; thence along the
westerly boundary of Lot 20, North 0016'00" East 25.00 feet to the point of beginning, all in the
City of Springfield, Lane County, Oregon an containing 7,750 square feet, more or less.
Date Received:
JAN 182011
Original Submittal
5
.
. . . .
.
EXHIBIT "E"
S 89044' 00" E 133.68'
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PROPERTY #1
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R=46.00'
L=36.58'
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Ch=35.63'
N 89044' 00" W 87.68'
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L=35.67' .
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.....................................
Date Received:
JAN 1 82011
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FORM No. 963 - WARRANTY DEED _ STATUTORA.
STE.ESSlAW PUBl/SlilNG CO.. PORTlAND. 0I'l _,IlI"'~ rom
EOB
NO PART OF ANY STEVENS-NESS FORM MAY BE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS.
e
-t.A.."",~h.~.h~__tiQ~'l......g_~____A~)______
-____l_~,_~_~~!~____~~~~~_~)____________________.
_ ~~1l__2__i&_("1~_.f'.i,.,~~_"_~--'?::2.I2 '=''''~_'_...\<._~~ .
'0 Grantor'~ and Address
Kn~-l!:.!~-\-"'~--n-L_c.~~_t~n~~~_nt\_~a ~ L~
-----~~~~!~-------------------------------------------
j.d:J'i!!;___!::n~.':'mS~!:~.IJ~''''\~uC'!:>:-'_
Grantee's Name and AddreM
sT~~n~:o~~~~~~n___n__m_hn } ss_
I cerlify that the within instrument was
received for recording on ___nn_n____________n_'
at n__n__nn o'clock un_.M., and recorded in
booklreellvolume No. _U___h__ on page _h__nn
"
----11_ __ C~. ,~. "_..
~~:~:c;:~i~:~;:~:::~fi~~___________________
nivlsion of Chief Deputy Clerk
Lane Counly Deeds and R.co~ds
~~~~.~ 111 ~~
-~-----------------_._---------------------------~------
1111111111111111111111111111111111111111111111111 $26.00
~1063165200900171840010012 04/06/2009 09:07:54 AM
RPR-DEED Cnt=l Stn=le CASHIER 02
$5.00 $11.00 $10.00
--------------------------------------------------------
Unlll requtr.lled otherwiSe, send elllu statements 10 (NIIme, Address, lip):
_:_--~<!.,-,,~-------~~~~.:_----------------
--------------------------------------------------------
--~-----------------------------------------------------
--hC.LL~~~,AJS~.!:,"'S_L:~~~_:~_~_~~~_:_~::~~~~{.,_~~~~L__m___nnnm_h___nmnmn_
~~i~~E:i~~:i~~~~::~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~::~:~~~~~~~:~:~~~~
the following described real property fr~e of encumbrances, except as specifically set forth herein, situated in __~_t>J..~JE'_____n_n
County,Oregon,to~wit: Lei 19 (3L..:!(_J<...2.., F"'5.T" A.~\)lr,~,O L~"...~G I~G:IG....I-'-';S
I"'''> '?L....'T~l) "'~"" (.!...,,"~b"LO""J .,... ;:-.'-'Z 72..,.5'- ,,)1<5 ll'1 p,~..i 121)
L,.').I<oJ~ L..o...........'7 t..-'R.~e:....:>......, PL-' '~l;:('''::''l',}\l IN t..~-..\:.:" (c.....~"T11 (",,:tL!&,~..q
(IF SPACE INSUFFICIENT. CONTI~UE DESCRIPTION ON REVERSE)
The property is free from encumbrances. except (if none, so Slate): i~.".) ~ 0 + v( t' o...-l.1 .
The true consideration for this conveyance is $_3C~~C:!Q:L-:':='. (Here. comply with the requirements of ORS 93.030.)
------------------------------------------------------------------------------~-----------------------------------------------------
-----------------------------------------------~--------------~-~---------------------------------------------.---------------------
mm-DATED-_-_-_~BE!~T~~~~~~~~~~~~~~~~~~;-i-f;-~~~~r;;t~--m-t~-r:-i~-;;;~-~;~~~di;;-~~;;;;-t-~-b;-S-i~-~;d-;~d-;;;~~~):-if
any, affixed by an officer or other person duly authorized to do so by 0 tler its ard of directors.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON TRANSFERRING
FEE TITLE SHOULD INOUIRE 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. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY
OESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACOUIRING 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 215.0tO. 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 INDUIRE ABOUT THE RIGHTS OF NEIGHBORING
PROPERTY OWNERS. IF ANY. UNDER ORS 195300. 195.301 AND 195.305 TO 195.336
AND SECTIONS 5 TO 1,. CHAPTER 424. OREGON LAWS 2007. L
STATE OF OREGON, County of mn---.A!~-~~nnm.h_An--h) ss. ic
~is ins~ment was aCknA'ledrtd before me on _'_n~h'--n--u--'n~-~~-:Ln----nn-.
by n-m-~~'-';>-__(j!_'_1_"_cmmu_L!,2~,_L__~IJ~_0nmL_A_'~J~tl.u~k.,__L'?..L~_~5;m___.
This inSlfument was acknowledged before me on -n_nnn__n____n____n____hu_u__n__n__'
by _____________________________________________________________________________________________________
as ____________________________________________________~______~_________________________________________
f\-~-~----------------------
-~~----;::~.~--::r~---~-~~~-~-;--------------------------
_~~Jk!rL_~_~~~----------~-------------
~ f<<JT~~
. COMMISSION NO. 435781
MY COt.lIIISSlON EXPIAES FEllAUAAV 19, 2013
--------.--.~~;~;~~:~=;:::~-~;~~::~::~~~~~~:::~~:
Notary P.fulic for Oregon :2 _/ .
My commiSSIon explfes mnmumBatE?-RSCSlVSd;-_
PUBlISHER'S NOTE: It using this lorm to convey real property subject to ORS 92.027, Include tho rltQulred relerence.
JAN f' 820ft
Original Submittal
,'.
. ~~ter ReCording'Return.
W~tern Title & Escrow Company
^97 Oakway Rd Suite 340. Eugene OR 97401
';;?f;t.aOq-ro
Recording request~d'by;
I
.
Division of Chief Deputy Clerk
lane Ccunty Deeds and Records
,
l~I~.~l2m
$47,00
j "
~V';'
.-
. When reCorded.. mail to: .
1111I1111111111111111111I11111111111111I111111111
01147998201000222770020025
05/11/201001:43:38 PM
RPR-DEED Cnt=l Sln=9 CASHIER 06
$10.00 $11.00 $16.00 $10.00
. First Tennessee Bank
6522 Chapman Highway
. Altn: Foreclosure Dept.
.Knox~i1\e. TN 37920..
Forward tax statements 10 the address given
above,,' . . .
. Space above this line for ree;:orders use
. TS #031'009771
Order # 30210803.
Trustee's Deed'.
Loan # 10436973
THIS INDENTURE, . .made on 5/5/2010, between LAWYERS TITLE INSURANCE
CORPORATION hereinafter called the trustee, and First Tennessee. Bank, NA hereinafter cal/ed the.
grantee; and this true and actual consideration paid for this transfer is the sum of $5,004.00. .
WITNESSETH:" .
RECITALS: CHRISTOPHER A. ROGERS AND TAMRA ROGERS, HUSBAN[) AND WIFE as grantor, executed
and delivered to FIDELITY, as trustee, for the benefit of FIRST TENNESSEE BANK, .N.A., 'as beneficiary, and
recorded on 61712007 as Instrument No. 2007-03865g, in book, page of Official Records of Lane County, Oregon;.
In said Trust Deed the real property therein and hereinafter described was conveyed by said grantor to said trustee to
secure, among other. things, the performance of certain obligations of the grantor to the said beneficiary. The said
grantor thereafter defaulted in his perfonnance of tlie obligations secured by said Trust Deed as'staied in the notice
. of default hereinaftermenlioned and such default stili existed at the time of the sale hereinafterdesciibed.
. .
'. .
'By reasonof said default, the own.erand' holder of the obligations s~~uredbysaidTrust Deed, heing the beneficiary
therein named. or his sucCessor in interest, -declar~d all sums sq secur!3d immediately" "due and owing"; a Notice of
Default, containing an election to sell the said real property and to' foreclose said Trust Deed by advertisement and
sale to satisfy granto(s said obligations was recorded. in the mortgage records of said county on 1011/2009.
" """ "
The mailing, servi~ and -~ubli~tion 6f."~~id "noti"ce of sale ar~ sh~wri by one or more" affj"d~~it~"Or proofs of seTVice
duly recorded prior to tlie date of sale in the Official Records of Lane County; Oregon;" said affidavits and proofs,
Date Received:
. JAN 18 2011
. Original Submittal .
-
.../'"
..
~
.
.
.
-"-.. . . '. . .
'. . ,.,. . .... .
" ,
. . ' ...,
. . ".
'. , .
. .,..., .',.. . . . , - .'.,
.' '. . . . . '.
. .' , '. '. '.
. " . . .
. .. . " . .' ...,
. , - ..
together with the, said notice of default and election' to sell and the notice of sale, being 'how referred to and
' incorporated in and made' a part of this trustee's deed as fully as if set out herein, verbatim. Th~ undersigned trustee
has no actual notice of any person, ,other than the persons named in said affidavits and prools'as having or claiming
alien on or interest in said.described reat property, entitled to notice pursuant to, n.R.s. 86.740 (1)" (b) or (1) (c).
. . .' '. ..,' .' . .
, '. '
Pursuant to said hotice of sa,le, the undersigned trustee on ,'at the hour of 01 said day, in accord with,the standard 01
, time established by O.R.S. 187.110, (which was the date and hour to which said sale was postponed as permitted by
,O.R.S. 86.755(2)) or (which was the day and hour set in the Notita of Sale or, amended' Notice of Sale) and at the
place so fixed for sale"as 'aforesaid, in full accordance with 'the laws 01 the state of Oregon,and pursuant to the
, powers conferred upon him by said Trust Deed, sold said real property in 'one parcel at pubiic auction to grantee for
the sum, of 5004~00, he being the highest and best bidd,erat 'suCh sale and the'said sum being the highest and best
sum bid for said property; , , " "
. . -', ,
. . .. .' .'. ,.'..
" NOW THEREFORE, inconsideration'. of ,the " said sum so paid by grantee h C;;sh,the receipt whereol is
. aCkno",ledged, and by the authority vested in said trustee by ,the laws 'of the State of Oiegon ,and by said Trust Deed,
the trustee does hereby convey unto grantee all interest which the grantor has or had the power, to: convey at the time
of grantor's execution of said Trust Deed, together, with' any interest the said grantor or, his suCcessors in interest
acquired after the execution 01 said'trustdeed,in and to the fOllowing described real propertyto-wi(. ,',
, "
'- , . ,
Tax Parcel No. 17-02-35-33-02200-00
, .
'.', . . ....-. ." .... ........ .' : .
, "
'TO HAVE ANO TO HOLD'the same unto giantee, his heirs: successors-in-interest and assigns forever.
. . ....
In construing this il')strument and when~ver the_ context. so requ.ires, the masculine gender includes feminine and the
neuter and the singular includes plural, the word ,"graritor" includes any successor in interest to thegranlor as well as
each and all other persons owing an,obiigation, the performance 01 which is, secured by'said TrUst Deed, the word
"trustee" includes any successor trustee, the word "beneficiary" includes any successor in interest of the beneficiary
first named above, and the word "person" includes corporation and any other leg~1 Or commercial entity.:
: . . .. .'
, ,
' , .
IN WITNESS WHEREOF,the undersigned trustee has caused its corp~rate nam~ to b~ sign~d byitsofficers duly
, authorized thereunto by order 01 its 'Board of Directors," ", '
.' ,. . .
, "
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFOR,E SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENTS TO VERIFY APPROVED USES~
Dated, 5/5/2010
.-. .
, ,
'. '., .
, ,
, ,
LAWYERS TITLE INSURANCE CORPORATION
a;t;~~.u~V';d'~
By, Patricia A. Sabatino, Assistant Secretary
, State of' California
County 01 Orange
On 5/5/2010 before me, ,'Notary Public, personally'
. appeared Patricia A. Sabatino, who proved to me on Ihe ,basis of satisfactory evidence to be the,
person(s) whose narrie(s) is/are subscribed to the within instrument and ackliowledg;;ld to me ,lhat
he/she/they executed the sarrie in his/her/their authorized capacity(ies), arid that by his/her/their,
signature(s)on,the instrument the persqn(s), or the entitY upon behalf of which the person(s) acted,
executed the instrument. ' , " ,
WITNESS my hand and official seal.
Signature
, '(Seal)
, , NICOLE L1NOERMAN
@' Commission #1868257 z
~ "_. N, otary P, ublle ", Call1ornla ~
z~, , " ,Orange,County '~
J ' .. My Comm. Expires_Oct 15. 2013 .
. ... _. . .' - .._ - ~ :- ~. _w .w: i.:),2t~ calved:
. . JAN 18 2011
Original Submittal
.
.
.' ,.
~
Western Title&Escrow
Western Title 8r. Escrow Company of Lane County
497 Oakway Road, Suite 340
Eugene, OR 97401
Office Phone: (541) 485-3588
Office Fax: (541) 485-3597
PUBLIC RECORDS REPORT FOR SUBDIVISION
THIS REPORT IS FOR THE EXCLUSIVE USE OF:
Rei Max Integrity
Attention: Lannie McClure
4710 Village Plaza Loop, Suite 200
Eugene, OR 97401
Date Prepared: December 20, 2010
Report Number: 43029
Fee: $200.00
Additional Chain Fee: $100.00
Local Government Lien Search: $30.00
CONDITIONS, STIPULATIONS AND DEFINITIONS
(I) Definitions:
(a) "Customer": The person or persons named or shown on this cover sheet.
(b) "Effective date": The title plant date of December 14, 2010.
(c) "Land": The land described, specifically as by reference, in this public record report
and improvements affixed thereto which by law constitute real property.
(d) "Liens and encumbrances": Include taxes, mortgages, and deeds of trust, contracts,
assignments, rights of way, easements, covenants, and other restrictions on title.
(e) "Public records": Those records which by the laws of the State of Oregon impart
constructive notice of matters relating to said land.
(II) Liabiiity of Western Title 8r. Escrow Company of Lane County:
(a) THIS IS NOT A COMMITMENT TO ISSUE TITLE INSURANCE AND DOES NOT
CONSTITUTE A POLICY OF TITLE INSURANCE.
(b) The liability of Western Title 8r. Escrow Company of Lane County for errors or
omissions in this public record report is limited to the amount of the fee paid by the
customer, provided, however, that Western Title 8r. Escrow Company of Lane
County has no liability in the event of no actual loss to the customer.
(c) No costs of defense, or prosecution of any action, is afforded to the customer.
(d) In any event, Western Title 8r. Escrow Company of Lane County assumes no
liability for ioss or damage by reason of the following:
Date Received:
JAN I 8 2011
./^'---....,
W~stern Title&E.crow
Public Records Report
Page /JFiginal SUbmittal
.
.
, .
Report No. 43029
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.
2. Any 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, liens or encumbrances, or claims thereof, which are not shown by the
public records.
4. Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any
other facts which a survey would disclose.
5. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (iii) water rights or claims or titie to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area
specifically described or referred to in this report, or in abutting streets, roads,
avenues, alleys, lanes, ways or waterways.
7. Any law, ordinance or governmental regulation (including but not limited to building
and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use or enjoyment of the land; (ii) the character,
dimensions or location of an improvement now or hereafter erected on the land; (iii)
a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has
been recorded in the public records at the effective date hereof.
8. Any governmental police power not excluded by (II)(d)(7) above, except to the
extent that notice of the exercise. thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has
been recorded in the public records at the effective date hereof.
9. Defects, liens, encumbrances, adverse claims or other matters created, suffered,
assumed, agreed to or actually known by the customer.
(III) Report Entire Contract:
Any rights or actions or rights of action that the customer may have or may bring against
Western Title 8r. Escrow Company of Lane County arising out of the subject matter of this
report must be based on the provisions of this report. No provision or condition of this report
can be waived or changed except by a writing signed by an authorized officer of Western
Title 8r. Escrow Company of Lane County. By accepting this form report, the customer
acknowledges and agrees that the customer has been afforded the opportunity to purchase a
title insurance policy but has elected to utilize this form of public record report and accepts the
limitation of liability of Western Title 8r. Escrow Company of Lane County as set forth
herein.
(IV) Fee:
The fee charged for this Report does not include supplemental reports, updates or other
additional services of Western Title 8r. Escrow Company of Lane County.
Date Received:
Public Records Report
Page 20f 4
JAN 1 8 2011
~
W _'Wainal submittal
est err I Title &Escrow
.
.
Report No. 43029
REPORT
ReportNumber: 43029
Effective Date: December 14, 2010 at 5:00 p.m.
A. The land referred to in this public record report is located in the County of Lane,
State of Oregon, and is described as follows:
Parcel I:
Lot 19, Block 2, FIRST ADDITION TO CASCADE HEIGHTS, as platted and recorded In
File 72, Slides 119 and 120, Lane County Oregon Plat Records, in Lane County, Oregon.
Parcel II:
Lot 20, Block 2, FIRST ADDITION TO CASCADE HEIGHTS, as platted and recorded in
File 72, Slides 119 and 120, Lane County Oregon Plat Records, in Lane County, Oregon.
B. As of the effective date and according to the public records, we find title to the
land apparently vested in:
Derrick W. Roser and Angela M. Roser, as tenants by the entirety, as to Parcel I and
First Tennessee Bank, N.A., as to Parcel II
C. And as of the effective date and according to the public records, the land is subject
to the following liens and encumbrances, which are not necessarily shown in the
order of priority: .
1. Unpaid taxes for the year 2010-2011
Original Amount: $4,696.61
Unpaid Balance: $161.77 DUE
Tax Lot No.: 1702353302200
Account No.: 1205689, Code 01900
(Parcel II)
2. Easements, conditions, restrictions and notes as delineated on the recorded plat.
3. Covenants, easements and restrictions, but omitting restrictions, if any, based on race,
color, religion, national origin, or physical or mental handicap, imposed by Instrument,
including the terms and provisions thereof,
Recorded: June 28,1978
Document No.: 78-44485, Lane County Records
Amended by instrument,
Recorded:
Document No.:
August 18, 1988
88-34103, Lane County Records
Am ended by instrum ent.
Recorded:
Docum enl No.:
July 15, 1993
93-43648, Lane County Records
Date Received:
JAN 1 8 2011
Public Records Report
Page 3 of 4
. ~inal Submittal
We s t ern Titre & Escrow
.
.
Report No. 43029
4. An easement created by instrument, including the terms and provisions thereof,
Recorded: November 30, 1979
Document No.: 79-71323, Lane County Records
In favor of: Cascade Pacific Development Corp.
(Parcel I)
5. Covenants, easements and restrictions, but omitting restrictions, if any, based on race,
coior, religion, national origin, or physical or mental handicap, imposed by instrument,
including the terms and provisions thereof,
Recorded: November 30, 1979
Document No.: 79-71324, Lane County Records
Amended by instrument,
Recorded:
Document No.:
August 18, 1988
88-34103, Lane County Records
Amended by instrument,
Recorded:
Document No.:
July 15, 1993
93-43648, Lane County Records
6. Failure, if any, to comply with The Servicemembers Civil Relief Act (a revision of The
Soldiers' and Sailors' Civil Relief Act of 1940), by those who administered a non-judicial
or judicial foreclosure affecting the subject property.
Trustee: Lawyers Title Insurance Corporation
Reference No.: 031-009771
Foreclosed Borrower: Christopher A. Rogers and Tamra Rogers
(Affects Parcel II)
The appropriate way to clear this is to obtain an Affidavit of Non-Military Service from
the foreclosure trustee (or attorney in a judicial foreclosure), or obtain a Department of
Defense printout showing that the foreclosed borrower was not in active military
service at time of foreclosure.
7. House Encroachment located on Parcel II onto Parcel I as disclosed by Lane County Map
Records.
Note: Taxes paid in full for the year 2010-2011
Original Amount: $595.52
Tax Lot No.: 1702353302100
Account No.: 1205671, Code 01900
(Parcel I)
END OF REPORT
Any questions concerning the Public Records Report should be directed to Jerrilyn Eggerat
541-431-3710, or email atie~~er(a)westerntitle.com.
Date Received:
JAN 1 8 2011
Public Records Report
Page 4 of 4
~1-SUbmjttal
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