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HomeMy WebLinkAboutApplication APPLICANT 3/11/2011 . . City of Springfield Development Services Department 22 5 Fifth Street Springfield, OR 97477 Site Plan Review Minor Modification A Iicant Name: Ken Dresser, Co-Trustee Com an : A. B. McGuire Trust Address: 572 SE Jackson SI. Roseburg, OR 97470 A Iicant's Re .. Phone: Fax: Com an : Address: Pro ert Owner: A. B. McGuire Trust Com an Phone: 541-430-9793 Fax: Address:572 SE Jackson SI. Rosebur OR 97470 ASSESSOR'S MAP NO: TAX LOT NO S 1/300 Pro e Address: 2.B -nj $-r;Z.€:"f=:, Size of Pro ert : '2..:' '5:'>"::l. Acres Pro osed Name of Pro"ect: (S''''-C PLArv) e.: '''''-;0# Associated A Iications: Df2.-c... 2005- =07::2...-' T'-tP III -0000 Case No.: ' - Or:::5"i50 io : ()C?- A Ii cation Fee: )2.4/,bo /303. fJfi' Technical Fee: ;}.05 ~""'.'rJ,',h . "'"~;:':'."I, .-::. ,".-' ,')"",.; ~. ,..,<_.':":'.":;t.~'!~,tlt".\ PROJECT NUMBER: pR..:;J J.DI 0 -00002- ; ""<'-""P.~;'~~':~''''''''~':c''''''''t'F''iI'>'':;':''J..,~'''''''';~~~';N':~V~;:.' .~, ~,lt,1 '\1l:~~'4:": ':~oiU:' '11'" .,~ TOTAL FEES: Date Received: . MAR 11 2011 Revised 1/1/08 Molly Markarian Original Submittal 1 of 10 . . Signatures The undersigned acknowledges that the infonnation in this application Is correct and accurate. APplican~ ~ ~ '-J... } \f')~ I Date: March 3, 2011 Signature - . Ken Dresser, Co-Trustee of the A B. McGuire Trust Print Owner: If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. ~1'\0.r77. ~9 ~~ ( -~~- ~~~<~r'~~ _ Date: -gnature P !--o,J ~-t ~,RjbSs~ Q Print -. Date Received: MAR 11 2011 Original Submittal Revised 1/1/06 Molly Markarian 2 of 10 . . &vad'., ~ St..w4a 3533 Arrowhead Street; Eugene, Oregon 97404 Bruce's Cell # 541-954-1117 E-mail: Yard4uguy@hotmail.com Date Received: MAR 11 2011 Job Address: Duplexes @ 744-758 28th Street; Springfield, Oregon Oriainal Submittal PLANT LE6END: All plants and trees have been selected with more 'drought Tolerant' plants. These plants must have water the first season but have proved tolerant to dryer conditions once established. SYMBOL BOTANICAL- COMMON NAME) QTY. SIZE Cercis Canadensis (Eastern Redbud) Acer palmatum (Japanese Maple, green or red) Acer circinatum (Vine Maple) 2 7 6 2" Caliper 5-6' B&B 5-6' B&B 3 gallon 3 gallon 12-15" 15-1B" 18-24" 15-18" 18-24" 12-15" 12-15" 12-15" One gallon Tree Plantina Detail: ......".". "~7:~~=~~ t-. 1 .. ""::"W:'" ,. '..1" .....w...", 1~1< '. _. <ill:;:::'::;;;, 'I'!t- " .,," _ ,> 'f\' .t,1 ;:.::':'.:;:.,--.....;,.., ~, , ~,," ....',...i....","'... /1.\ ,j-:;tr:f.-r;p:,n,: .ftt '''''''_~'''''.'''i;''''''''~" i!'fr~1J;U;,,~1""_ j .)~ ,..., "''-<.>.'" ,'''_' "- Burch's Landscaping Service (license # 6405) is licensed by the State of Oregon Landscape Contractor's Board in Salem, Oregon. Their phone number is (503) 986-6561. Rhododendron (compact variety) 21 Rhododendron ('medium size variety) 23 Abelia Edward Goucher 17 Nandina domestica (4-5' height max special variety) 94 Pieris japanica 'mountain fire' (Pieris) 24 Berberis rosy glow (Rose Glow Barberry) 22 Viburnum tinus 'spring boquet' 16 Viburnum davidii 15 Cistus crimson spot (Crimson Spot Rock Rose) 15 Pinus mugus 'pumillio' (Mugho Pine Dwf.) 26 Hemerocallis 'stella d'oro' (Day Lily) 66 Trees: ER JM VM Shrubs: R LR E N P B S8 V RR MP Perennials: DL Swale: 350 square feet JB Sod (Signature perennial rye blend) Plantino instructions: Trim landscape cloth 3 times the size of the root ball/pot and dig hole the same size. Remove compacted soil, loosening surrounding soil. Add Nitrogen Rich planting soil (Lane Forest Products). Plant trees and shrubs, scoring roots, and watering in the plants. The top of the root ball should be even with, or slightly higher than the existing grade. Cut twine from B&B plants around the trunk only. Trees (excluding Vine Maple) must have two 2x2 stakes with tree ties supporting the tree. Plant Waterino Instructions: Ken Dresser, the trustee over the duplex will have someone water the plants and trees for the first growing season on a regular basis, and at a rate recommended Jason at Pleasant Hill Nursery (541-746-7178). , ,'_>i._,.;"., ~'.,., """'~-~.q.,"...",.~~, ..' , ,,,-,".>WI' -",,:~;...~t~i.m"'. "='::::-~':l_~ :~~~~~;: EST9..PPEl.~EED - MORT(~~G~_.~_ST DE~g:~~:~~~~~re~~~~~~~~r CO~p~~~' 19~,_~_~_~_~__~~-=-:AW ~~B~~_~~~~_~~~ i .,i';;:)B N T Of ANY STEVENS-NE;S FORM MAY BE REPRODUCED -;-~-N~ OR BY ANY ELECTRONIC OR MECHANICAL MEANS. -!.rJ.h, I I I._ "-::-JlF II I. I ....-::,,,.': :i _J2__<)__EKl,:__2]_6____~___~_____________________________ __roSEBIillGL~~QB.EWN_ 9-7A7!lm _ __ ___ ____ _ _m___ Second Pllrty'S Name and Address Aner recording, relurn to (Name. Address, Zip); AB MCGUIRE TRUST ---j)-C5-EK;j(-:27E;--------------------~~~~~~----~----- :::~:~~~::i5~~::~:f~:~Q:::::::::::::::::::: 11111111111111111111111111111 11111111111111111111 01196487201000660440020039 12/29/2010 02:52:52 PM RPR-DEED Cnl=l Sln=15 CASHIER 05 $15.00 $11.00 $16.00 $10.00 $52.00 l' ,I Ii :: I) Ii J II ,. 'I I, II Ii il 11 ,. II I I I. I Ii I, i )1 'I , Ii I I, :1 I. il I, I': ,I Ii I' 'I I I I' Ii 1\ Ii 11 II il I! Ii ii II lXJKES " CUKES CONSTRUCTION --p--()--BC5~--7lfl'!5----------------------------------- ~~~:~~~~~~~J:~~;~~~;~:s~~~~~~~~~~~~~~~~~ AB MCGGIRE TRU~T Division of Chief Depuly Clerk Lane Counly Deeds and Records ~~I~.~oo~~~ Witness my hand and seal of County affixed. ---------------------------------------------------- Until requested;Jlh.erwlse, SIltM all tax stelements to ~Ne.me, Ad{lre~, ZIp}: AB MCGUIRE TRUST ---1'-()-~j(-:27i5------------------------------------ :::~~~(I~~::i5~qi5iC9:f~:~Q:::::::::::::::::::: NAME TI1LE By _______________________________________, [)eputy. II I i ESTOPPEL DEED MORTGAGE OR TRUST DEED THI SIND ENTU RE bet ween ____IXJI<E:S__LD~~__WNS_TRl!QrIQN.___ _____ m___ ____m_______ _m _____uu___ -- - ---. I hereinafter called the first party. and m_](E!'-RRJ':~?J.;:Rj\!m_M!'.ECF:TJ.II.._IlN_J,,__TBlJ;3'b.~;'__Qf__Th~__NU1Cg)J;BI;:-':t:Wsrl' hereinafter called the second party: WITNESSETH:' I, Whereas. the title to the real property hereinafter described is vested in fee simple in the first party. subject to the lien uf a II mortgage oc trust deed recorded in the Records of the county hereinafter named. in 0 hook 0 reel 0 volume No. -------------- II d! 0 1- 0 f-I O' 0 ' I-I M . N 2009-17973(' d' h- h) f i' on page n___n__n___' an or as ec J e Instrument micro 1 m ~ rcccpllon O. ___nn___nn In lcalc W Ie . rc - erence to those Records hereby being made. and the notes and indebtedness secured hy the mortgage or trust deed arc now owned \ I hy the secOJd party, on which notes and indebtedness there is now owing and unpaid the sum ofs_.8.45_LO_QO_,{tQu. the same being ! now in dcf<...ult and the mortgage or trust deed being now subject to immediate foreclosure: and whereas the first party, being unable II to pay the s~me, has requested the second party to accept an absolute deed of conveyance of the property in satisfaction of the indebt- 1) edness seCl red by the mortgage or trust deed, and the second party does now accede to that request: I' NOw, THEREFORE. for the consideration hereinafter staled (which includes the cancellation of the notes and the indebted- ! ness securoo by the mortgage or trust deed and the surrender thereof marked "Paid in Full" to the first party). the first party docs Ii hereby grarll, bargain, sell and convey unto the second party and to second party's heirs, successors and assigns, all of the following II described r~al property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situ- II ated in ____JAN];:_______________________ County. State of ___QBErnN.__________uu_______. to-wit: 'Ii, , ' I " il I[ ,I I] II " [I ,I I' 11 Iii _ ,I- " Ii II [I Ii 'I Ii II II --------------:--:====---=~ SEE ATTAaIED EXHIBIT "A" ,i I' II II I: I' ;1 i ~ II II Ii Ii " II 1\ ii i! II " I' Ii Ii !L..______..__c=---=:==- Date Received: MAR 11 2011 Original Submittal (If SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE) Th, true and actual consideration for this conveyance is $_____~*____u______ (Here comply with ORS 93_030_) ------------ ** $8~5, 000.00 plus interest and fees __n__________n__n___u____uu__un____n__ ------------------------------------------------------------------------------------- (OVER) , ~i~-::~o~~-=~-~c'--~ __"~ ~~- .~,=~__~cc= ~--=====-= cc~=~-.=-=-='---'==-==----=-=- '~~1111 ,I TO HAVE AND TO HOLD the same unto the second pany and second pany's hws. successors and assigns forever. II I) And the llrsl rurty, for first party and first party's heirs and legal representatives, docs covenant to and with the second party I Ii and second Jarty's heIrs. successors and assigns. that the first party IS lawfully seized In fee slmph.: of the property. tree and clear of il I i ~~~~~~~~~~~~~t€~~a~~~~~~~~~~~:~~~~~t~~~~~~~~~~~~~~~~~~le)~~~~:~:~~~~=~~~~~:~~~-~-~~, il 'II that the first party will warrant and fqrcver defend the ahovc granted premises. and every part and parcel thereof against the lawful 1.1 c.;]aims and lIemands of all persons whomsoever. other .than the liens above expressly excepted; that this deed is intended as a con- I II veyancc. ab;;olute in legal effect as well as in form. or the title to the premises to the second party and all redemption rights which II 'II ' the tirst party may have therein, and not as a mortgage. trust deed or security or any kind: that possession or lhe premises hereby is 11 surrendered and delivered to the second party; that in executing this deed the first party is not acting under any misapprehension as I \1 to the effect thereof or under any duress, undue intlucncc. or misrepresentation by the second party, or second party's representa- I 'I, lives, agent~ or attorneys; that this deed is not given as a preference over other creditors of the first party. and that at this time there I II ! ! is no person, partnership or corporation, other than the second party. interested in lhe premises directly or indirectly, in any manner i I I L i I whatsoever, except as set forth above. ii, I In c(.nstruing this instrument. it is understood and agreed that the first party as well as the second party may be more than I ii one person; tth:]t if the context so requires the singular includes the plural. and that aU grammatical changes shall be made. assumed i,'.I' 11 and implied to make the provisions hereof apply equally to corporalions and to individuals. II IN WITNESS WHEREOF. the first party has executed this instrument. If IIrst party is a corporation. it has caused ils name :i 'I I' \11, to he signed and its seal, if any. aftixed by an officer or other person duly authorized to do so by order of its board of directors. Ii 'i DAlED __!lec_~__20~__2010__________________. ~s & DUKES mNSTRI,lCI'ION II :1,11 mOT~fL~I~~IItJLg~NA~SI~TI~~o~~lf~~WRU~~J ~1~~nRfFO~NVAUNNStt~R6~~D_ /~VI-;:D.iL'E-"':.J:~'~=P-RESc6I~D0E~-------------------- I!',I' 195.300,195.3[1 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11. CHAPTER 424, ~:~c uu""^" ""u 1,1 OREGON LAWS:2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY 1'1, DESCRIBED IN 1 HIS INSTRUMENT IN VIOLATION OF APPLICABLE LANO USE LAWS ANO _______________________________________________________________ I' REGULATIONS !BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON "II ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE I CITY OR COUNl'I PLANNING DEPARTMENT TO VERIfY THAT THE UNIT OF LAND BEING I TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN DRS 92.010 OR 215D10, TO VERIfY THE APPROVED USES OF THE LOT OR PARCEL, TO '"II 1:,",.1 DETERMINE AW LIMITS ON LAWSUITS AGAINST FARMING DR FOREST PRACTICES, AS DEFINED IN OF::> 30930, ANO TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING ' PROPERTY DWUERS, IF ANY, UNDER ORS 195300, 195.301 AND 195.305 TO 195.336 '1"1 AND SECTIONS5 TO 11, CHAPTER 424, OREGON LAWS 2007. ii 1,.1 :.\1 STATE OF OREGON. County of ___l8NE._________________________l ss. I I by ___ _~h~~~ ~~~:u:e~~ _~_as_ack~:I_~led:_~d_befo~~_:~_~~ _:: ::~ ~~~::~~~~~~~:~~:~~~:~::~:::::::::::::::::. II I i by ___J~R~~~:DWi~~~'cknO_~~~dg_~~_~~:ore_:~_~~_:~=~==~~~2D~~:~~:~~:~:::::::::::::::::: Ii il as ____~~!!l~_____________________________________________---------------------------------------- j' 1'1' ,f m='illIT3n='~Ti~fi~;,~;~,:;;;:"<;:",:i,,\I: \1 My commission expires _______'~_?_~~'___/__:___L_______________ II !I :1 i"'I,I\'1 (I OFFICIAL SEAL III!!,,' Ii!,"'\ JOSEPH M SILENCe Date Received:'; ?if NOTAHY PUBLIC. OREGON '. ..' COMMISSION NO. 435798 ',II ""COMMISSION EXPIRES FEBRUARY 19, 2013 ;1 IVII Ii. il MAR 1 1 2011 It I: H !ill li1,' Original Submitlat___ I :I ,1 '"I !, "il' iI 'I I, ! I PUBLISHER'S N:>TE: II using this form to convey real property subjecllo OAS 92.027, include tho required reference. 1: ll---===--"=='c===--==---------~======-======'====---========--==-=_=---="J ;. . . . Page 1 of 1 Legal Description EXHIBIT A Beginning at a point in the center of County Road No. 221, said point being 330 feet North 0' 06' East of the Northeast corner of the James Ebbert Donation Land Claim No. 74, Township 17 South, Range 3 West of the Willaroette Meridian; thence North 89' 56' West 300 feet; thence North 0' 06' East 5 feet; thence North-89' 56' West 140 feet; thence North 0' 06' East 65 feet; thence South 890 56' East 440 feet to a point in the centerline of said County Road; thence South 0' 06' West 70 feet to the Point of Beginning, in Lane County, Oregon. EXCEPTING THEREFROM the West 70 feet. ALSO EXCEPTING THEREFROM that portion lying within the right of way of County Road No. 221 now known as NoTth 28'h Street. Date Received: MAR I I 2011 Original Submittal --------...'"' -~- . e- . Ever ieeri~I",IS"bm~1 . Land Title . Company Date Received: MAR 1 1 20/1 PRELIMINARY TITLE REPORT TO: OLSON & MORRIS EMAIL: aaron@olsonandrilOrris.com ATTN: AARON RE: DRESSER/HALL 740 28TH ST SPRINGFIELD . . . Order reports.and listing kits online at (wWw.evergreenlandtitle:com) .!}e&uuvu;. 7, 2011 . Date Received: . . MAR 1 1 2011 ELT-57254 \ OrigInal Submittal Main Office: 1651 Centennial Blyd. , ' . Springfield, OR 974:77. Phone # (54-1) 741-1981 Fax #(541) 741-0619 Branch Office: 625 Country Club Road Eugene, OR 97401 PhfJt!e tI (541) 687-979:1 Fax #(541) 687-0':124 -- .. .---- ----.-.-..--- A ~ ~ ~ ~ ~ ~--. ~ gx~rg~~~~ TITLElNSURANCE SERVICES . ESCROW CLOSINGS 625 COUNTRY CLUB RD. . EUGENE, OR 97401 P.O. BOX 10211 . EUGENE, OR 97440 PHONE: 541.6B7.9794 FAX: 541.6B7.0924 1651 CENTENNIAL BLVD. . SPRINGFIELD, OR 97477 P.O. BOX 931 . SPRINGFIELD, OR 97477 PHONE: .~41.741.19B1 FAX: 541.741.0619 February 10,20 II Order No.: ELT-57254 Escrow No.: SP09-21394 S'h SUPPLEMENTAL TITLE REPORT Olson & Morris 380 "Q" Street Ste 200 Springfield, Oregon 97477 Attn: Aaron Dear Aaron: We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A Showing fee sirnple title as of February 4, 2011, at 8:00 a.m., vested in: KEN DRESSER AND MARCELLA HALL Trustees of the AB McGuire Trust Subject only to the exceptions shown herein and to the tenns, conditions and. exceptions contained in the policy fonn. No liability is assumed until a full premium has been paid. Original Submittal Date Received: MAR 1 1 2011' CONTINUED ~ --"IN OUR BUSINESS, YOU MATTER MOST" - -- www.evergreenlandtitle.com .-..-.--' ..-- -----..-..-..---- '"'~- . . ELT - 57254 Page 2 SCHEDULE B GENERAL EXCEPTIONS I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. 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 (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land); encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS 6. Easement granted to the City of Springfield, including the terms and provisions thereof, by instrument Recorded August 27, 1949, Book 401, Page 7, Lane County Oregon Records. 7. Easement for sewer pipe, including the terms and provisions thereof, by instrument Recorded October 19,1959, Reel 141R, Reception No. 81214, Lane County Oregon Records. 8. Easement, granted to the City of Springfield, including the terms and provisions thereof, by instrument Recorded November 21, 1985, Reel 1376R, Reception No..85-42219, Lane County Oregon Records. . 9. ,~anitary Sewer Easement, granted to the City of Springfield, including the terms and provisions thereof, by instrument Recorded August 31, 2006, Reception No. 2006-063340, Lane County Oregon Records. Date Received: MAR 1 \ 20\\ CONTINUED Original submittal -- . EL T - 57254 Page 3 10. Declaration of Private Utility Easement, including the terms and provisions thereof, by instrument Recorded August 31, 2006, Reception No. 2006-063341, Lane County Oregon Records. NOTE: Said Easement needs to be re-recorded to correct grantors legal. II. Declaration of Private Utility Easement, including the terms and provisions thereof, by instrument Recorded August 31, 2006, Reception No. 2006-063342, Lane County Oregon Records. 12. Declaration of Private Utility Easement, including the terms and provisions thereof, by instrument Recorded August 31, 2006, Reception No. 2006-063343, Lane County Oregon Records. . NOTE: Said Easement needs to be re-recorded to correct grantors legal. 13. Declaration of Private Utility Easement, including the terms and provisions thereof, by instrument Recorded August 31, 2006, Reception No. 2006-063344, Lane County Oregon Records. 14. Improvement Agreement, including Notice of Potential Assessment Lien, including the terms and provisions thereof, between the City of Springfield, and David E. Dukes and Laurie S. Dukes, by instrument Recorded August 31, 2006, Reception No. 2006-063345, Lane County Oregon Records. NOTE: Taxes, Map No. 17-03-36-11-11300, Code 19-00, Account No. 0319580, 2010-2011. $1,061.50, paid in full. NOTE: The address of the property to be insured herein is: 740 28TH STREET, SPRINGFIELD, OREGON 97477.. NOTE: A JUDGEMENT/LIENIBANKRUPTCY SEARCH was done for the riame(s) KEN DRESSER AND MARCELLA HALL (TNDIVIDUALL Y AND AS TRUSTEES), and as of February 4,2011, none were found. NOTE: As of February 4, 2011,there are no liens for the City of Springfield. NOTE: Completion Notice Recorded August 9, 2010, Reception No. 2010-039149, Lane County Oregon Records. . MAR 1 1 2011 CONTINUED Date Received: OrigInal submittal .,-..- .. . EL T - 57254 Page 4 NOTE: SUPPLEMENTED TO UPDATE REPORT AND REMOVE SATISFIED CITY OF SPRINGFIELD LIEN. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By: Joseph M. Silence Title Officer NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. ( Date Received: Original Submittal . MAR 11 2011 . . . EL T - 57254 Page I 0 f I Legal Description EXHIBIT A Beginning at a point in the center of County Road No. 221, said point being 330 feet North 00 06' East of the Northeast.comer of the James Ebbert Donation Land Claim No. 74, Township 17 South, Range 3 West of the Willamette Meridian; thence North 890 56' West 300 feet; thence North 0006' East 5 feet; thence North 890 56' West 140 feet; thence North 00 06' East 65 feet; thence South 89~ 56' East 440 feet to a point in the centerline of said County Road; thence South 00 06' West.70 feet to the Point of Beginning, in Lane County, Oregon. EXCEPTING THEREFROM the West 70 feet. ALSO EXCEPTING THEREFROM that portion lying within the right of way of County Road No. 221 now known as North 28'h Street. Date Received: . MAR I I 2011 Original Submittal 02/11/2011 09:35 15415722334 . COLT FINANCIAL . PAGE B2/B2 LIMITED DURABLE POWER OF ATTORNEY Effective this 21't day of November, 2006, T, Marcella Hall, a Co-Trustee of the A. B. McGuire Trust, based in Douglas County, Oregon, do hereby make, constitute, and appoint Kenneth J. Dresser, the other Co" Trustee of the A. B. .McGuirc Trust, my lawful attorney in fact, with power: To collect and receive any money, property, debts or claims whatsoever, as are now or shall hereafter become due, owing and payable or belonging to the A. B. McGuire Trust and to give receipts, or other sufficient discharge for any ofthc same on behalf of the A. B. McGuire Trust; To grant, sell, mortgage, pledge, consign, lease, and in any and every manner dcal in and with A. B. McGuire Trust property, both real and personal; To make and deliver any conveyances, deeds, escrow instructions, contracts, covenants and other instruments, undertakings and/or agreements of whatever kind and nature which Kenneth 1. Dresser in her discretion shall deem to be in the A. B. McGuire Trust's best interests; and . To sign, endorse, sell, discount, deliver and/or deposit checks, drafts notes and negotiable instruments and to accept drafts. STATE OF OREGON) ) 55. County of Douglas ) IN WITN.ESS WHEREOF, r have signed this general pOwer of attorney consisting of this single page this 21 st day of November, 2006. 1JtfU&tr~~L Marcella Hall Co-Trustee of the A. B. McGuire Trust SUBSCRIBED AND SWORN to before me this 2)st day of November, 2006, by Marcella Hall as Co- Tmstee of the A. B. McGuire Trust. OFFICIAL S~AL SUSAN J EGGLESTON NOTARY PUBLIC. OREGON COMMISSION NO, 40B31 5 MY COMMI!'lSION EXPIRES gePTEMBER , 0,2010 . Date Received: Original subm.ittal . MAR 11 2011 . . DECLARATION OF A VARIABLE WIDTH IRREVOCABLE ACCESS EASEMENT & MUUNTENANCEAGREEMENT KNOW ALL MEN BY THESE PRESENTS, that Ken Dresser and Marcella Hall, Trustees of the A.B. McGuire Trust, are the owners of Parcels I and 2 of Land Partition Plat No. 2011- . as platted and recorded .2011, Reception No. . Lane County Official Records, Lane County, Oregon. FURTHER, the Owners, Heirs or Assigns of Parcels I and 2 of said Partition will create and share a Variable Width Private Access Easement and enter into a Maintenance Agreement, as shown on said Partition Plat, for the benefit of said Parcels and being more particularly described as follows: BEGINNING AT A POINT THAT IS THE NORTHEAST CORNER OF PARCEL 2 OF LAND PARTITION PLAT NUMBER 201 1- . AS PLATTED AND RECORDED .2011, RECEPTION NO. LANE COUNTY OFFICIAL RECORDS, LANE COUNTY, OREGON; THENCE SOUTH 89030'00" WEST 218.00 FEET; THENCE SOUTH 0011'00" EAST26.00 FEET; THENCE NORTH 89030'00" EAST 74.28 FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS SOUTH 45030'00" EAST A DISTANCE OF 21.21 FEET, WITH AN ARC LENGTH OF 23.56 FEET; THENCE SOUTH 0030'00" EAST 29.02 FEET; THENCE NORTH 89030'00" EAST 20.26 FEET; THENCE NORTH 0030'00" WEST 29.02 FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS NORTH 44030'00" EAST A DISTANCE OF 21.21 FEET, WITH AN ARC LENGTH OF 23.56 FEET; THENCE NORTH 89030'00" EAST 93.46 FEET; THENCE NORTH 0011'00" WEST 26.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 6,657 SQUARE FEET, MORE OR LESS. NOW THEREFORE, it is hereby agreed and declared that: I. The Owners, Heirs and Assigns of the above named Parcels of said Partition shall share equally in the costs. of maintenance and operation of said Easement. 2. The Owners, Heirs and Assigns of said Lots shall cause said Easement to remain free of structures and parked vehicles and shall be available for access to the public road at all times. 3. Maintenance shall be undertaken at such time as the majority of the owners, being served by said Easement deem it desirable. 4. Emergency vehicles shall have the right to enter upon said Easement for the purpose of . emergency,yehicle access. The Owners, Heirs or Assigns of said Parcell and 2 shall have all rights of ingress and egress to and from the real estate, including the right, from time to time, to cut, trim and remove trees, brush, overhanging branches and other obstructions, necessary for their use, enjoyment, operation and maintenance of the easement hereby granted and all rights and privileges iIicident thereto. .' ate Receive Date Received: MARJIlod r.tQUing please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR 97477 . . Origina ubmlttal Original Submittal . . Except as to the rights herein granted, the Owners, Heirs or Assigns of said Parcels I and 2 shall have the full use and control of the above described real estate. Each Owner shall agree to save and hold each of the other Owners hanniess from any and all claims of third parties arising from their use of the rights herein granted. During the existence of this easement, maintenance of the easement and costs of repair of the easement, if damaged by natural disasters or other events for which all holders of an interest in the easement are blameless, shall be the responsibility of both parties to share and share alike. During the existence of this easement, holders of an interest in the easement who are responsible for'damages to the easement because of negligence or abnormal use shall repair the damage at their sole expense. This agreement shall bind and inure to the benefit of, as circumstances may require, not only the parties hereto but also their respective heirs, executors, administrators, assigns, and successors in interest. Granted and declared this ~ day of _r-eb no{ (") Y" (f ~)-/ Cn ~. ~"--' Ken Dresser, Co-Trustee of the A.B. McGuire Trust ,2011. h~c j~ ) . Marcella Hall, Co. Trustee of the A.B. "';-1 . h.. . . - '1 .--L" C LJ~ ~~'..e----- - .j~\Y Guire Trust . J:s.>'-. yYI ~<..QLO =>- /-t=m.. State of Oregon ) ) ss. County of Lane ) '-\-11 . This instrument was acknowledged before me on..lL day of r;, nt"ua ~ ,20 II by Ken Dresser as himself an~d as the attorney~t for Marcella Hall, both of whom are Trustees f the A.B. McGuire Trust.' . C~ ' . '. , No' ublic for Oregon I . OFFICIAL SEAL ' M " '.0\ 25(2) I . . KAY C OXFORD Y COlrumsslOn ExpIres. . (( \" ,.J NOTARY PUBLIC. OREGON , COMMISSION NO. 454702 . MY COMMISSION EXPIRES JANUARY 25, 2015 Date Received: Original Submittal MAR 1 1 2011 Upon recording please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR. 97477 .