Loading...
HomeMy WebLinkAboutNotice PLANNER 2/17/2004 f' ep[.MAl t AJS Fl~ A-t-- CITY OF SPRINGFIELD ~ Svv1 a-~ 2/11/01 NOTICE OF DECISION - SERIAL PROPERTY LINE ADJUSTMENT . ~L-~ lU-u ( c:vU Date of Letter Planning Case Number January 23, 2004 SUB2003-00049 Owners: Applicant: Surveyor: Norman & Melvin McDougal Wiley Mtn./LeeLynn Inc. P.O. Box 518 Creswell, OR 97426 . Mike Evans Land Planning Consultants 1071 Harlow Road Springfield, OR 97477 Larry Olson PLS Olson & Morris 1410 Oak Street Eugene, OR 97401 Todd Alberts Alberts Development . PO Box 10545 Eugene, OR 97440 Description of Proposal The applicant has submitted a Serial Property Line Adjustment Application to reconfigure six existing parcels: Tax Lot 300 on Lane County Assessor's Map# 18-02-04-11, Tax Lot 303 on Lane County Assessor's Map#18-02-03, Tax Lots 1100, 1101, 1102 on Lane County.Assessor's Map#17-02-34-34, and Tax Lot 602 on Lane County Assessor's Map# I 7-02-34-43. The net effect of the 5 step adjustment is to reconfigure existing parcels to comport with phasing plans for the development of the site.under MountainGate Master Plan Approval, City of Springfield File #1995- 02-0039 and Tentative Subdivision Approvals No(s) 2001-04-0087 and 2002-02-0035.111e 300+ acre site is located south of Main./OR 126 at 63'" Street, between 57'h and 67'h Streets, in Springfield, Oregon. All the property is zoned or designated Low Density Residential (LDR), consistent with the City of Springfield Zoning Map and the Metro Plan Diagram. Properties to the north, west and east are also zoned and designated LDR. The northerly portion of the site abuts Main Street, and is under construction of public improvements required by MountainGate Phase 1 and 2 tentative subdivision approvals. The easterly portion of the site has frontage on 67'h Street, the southerly p0l1ion abuts' the Weyerhaeuser Road and the westerly portion of the site has frontage on 57'h Street. No perimeter boundaries change as a result . of this proposal. Decision Preliminary Approval, with conditions, as of the date of this letter. Review Process This application is reviewed under Type II procedures listed in Springfield Development Code Section 3.080 and the property line adjustment criteria of approval in Section 33.060. . I 2- t1~ D'i Date Received: Planner: . Jf) / of 35 fJ~ d 5 bl w.pv.....J- f ~ Serial Property Line Adjustment SUB2003-00049 MountainGatelLand Planning Consultants . . Procedural Finding: Applications for Limited Land Use Decisions require the notification of property owners/occupants within 100 feet of the subject property allowing for a 14 day comment period on the application (SDC Sections 3.080 and 14.030). The applicant and parties submitting written comnients during the notice period have appeal rights and are mailed a copy of this decision for considenition (See Written Comments below and Appeals at the end of this decision.) Procedural Finding: On November 25,2003, the City's Development Review Committee reviewed the proposed plans (Olson & Morris, 5 sheets, date of survey May 8, 2003) and supporting infornlation. City staffs review comments have been reduced to findings and conditions only as necessary for compliance with the approval criteria ofSC 33.060. Procedural Finding: Portions of the proposal approved as submitted can not be substantively changed during filing without an approved decision modification application. PUBLIC COMMENTS: Procedural Finding: In accordance with SDC Sections 3.080 and 14.030, public notice was sent to owner/occupants within 100 feet ofthe subject site on November 18,2003. No letters were received during the 14 day notice period. APPLICANT SUBMITTALS: The Proposal: This propqsed Serial Property Line Adjustment consists of five (5) sequential property line adjustments designed to establish parcel configurations that will promote patterns for development of the properties according to the MountainGate Master Plan. This serial property line adjustment will result .in parcels to designate Phases I and II of the MountainGate Development, future development phases and two areas to be deeded to Willamalane Parks and Recreation as park and open space. The Sequence of Proposed Adjustmeuts: Property line adjustment # 1 (1 of 5). This property line adjustment is designed to have the property line of tax lot 300 fit general boundaries for future phases of development and open space (park) areas according to the MountainGate Master Plan. The existing area of tax lot 300 is 0.63 acres and the proposed adjusted area will be 125.89 acres. For tax lot 303 the existing area is 325.26 acres and the proposed adjusted area will be 200.0 acres. Property line adjustment #2 (2 of 5). This property line adjustment is designed to define tax lot 303 to match the area of the MountainGate proposal that will eventually be designated Parks and Open Space and acquired by Willamalane Park and Recreation. The existing area oftax lot 303 is 200.0 acres and the proposed adjusted area will be 16.51 acres. .For tax lot 110 1 the existing area is 0.37 acres and the proposed adjusted area will be 183.56 acres. Property line adjustment #3 (3 of 5). This property line adjustment is designed to further adjust tax lot 1101 to define a future phase of the proposed MountainGate residential development that is adjacent to approved Phase II. The existing area of tax lot 110 1 is 183.86 acres and the proposed adjusted area will be 28.5 acres. For tax lot 1100 the existing area is 0.48 acres and the proposed adjusted area will be 155.83 acres. Serial Property Une Adjustment SUB2003-00049 2 MountainGatelLand Planning Consultants . . Property line adjustment #4 (4 of 5). This property line adjustment is designed to further adjust tax lot 1100 to define the general boundary for an area that will be deeded over to Willamalane Parks and Recreation, as Park and Open space zoning. It includes the mountain known as Potato Hill or Mountain Park. The existing area of tax lot 1100 is 155.83 acres and the proposed adjusted area will be 60.27 acres. For tax lot 1102 the existing area is 3.18 acres and the proposed adjusted area will be 98.73 acres. Property line adjustment #5 (5 of 5). This property line adjustment is designed to have tax lot 602 define the area approved as Phases I & II of the proposed MountainGate residential development. The resulting tax lot 1102 identifies a future phase or phases adjacent to Phase I. The existing area of tax lot 1102 is 98.73 acres and the proposed adjusted area will be 72.28 acres. For tax lot 602 the existing area is 3.16 acres and the proposed adjusted. area will be 29.62 acres. CRITERIA OF APPROVAL (SDC 33.030) SDC 33.030 States: "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 no!:" (1) Create a new lot or parcel Applicant Submittal: No new parcels are created through this serial lot line adjustment. Finding: The applicant is proposing to reconfigure 6 existing parcels: Tax Lot'300 on Lane County Assessor's Map#18-02-04-11, Tax Lot 303 on Lane County Assessor's Map#18-02-03, Tax Lots 1100, 1101, 1102 on Lane County Assessor's Map#17-02-34-34, and Tax Lot 602 on Lane County Assessor's Map#17-02-34-43. Staff concurs with the applicant's finding; the configuration will not create any new parcels. Conclusion: This proposal satisfies Criterion I. (2) Create a landlocked lot or parcel Applicant Submittal: Adjusted tax lots 1100 and 303 that will be deeded to Willamalane and adjusted tax lot 1101 will be landlocked initially, but access will be provided to it via public roads and access easements as MountainGate is developed according to the approved Master Plan. If deemed appropriate by the City, a temporary access easement could be established for these parcels. Finding: The proposed Serial Property Line Adjustment creates three landlocked parcels on property that iszoned and designated for residential development according to the City of Springfield Zoning Diab'fam and the Metro Plan. Finding: The land locked parcels proposed are on property approved for residential and park uses in accordance with the MountainGate Master Plan (May 13, 1998). Master Plan approval assures available services and code provisions to guide subsequent phases of development, but does not guarantee development. Finding: The Master Plan approval did not address temporary access easements for individual parcels, therefore the current access standards of Springfield Development Code Article 16, Residential Districts must be applied to provide access to the landlocked parcels. Serial Property Une Adjustment SUB2003-00049 3 MountainGatelLand Planning Consultants . . Finding: SDC Section 16.030 allows private access provisions instead of direct access to public rights of way when an approved development plan exists, the easements are not substitutes for future public streets shown on the Conceptual Local Street Plan, and the minimum lot sizes of SDC Article 29 are maintained on lands outside the City limits. Finding: The applicant submitted a draft easement document subsequent to the original application infomlation (December 17,2003). The easement includes blanket provisions for vehicle and utility access, natural drainage, maintenance and a sunset clause. The draft proposal does not include final descriptions and exhibits. Finding: Access to Tax Lots 1100, 110 I, and 303 can be provided by private easements in accordance with SDC Article 16 because there is an approved development plan (Master Plan), dedication of public rights of way shown on the Conceptual Local Street Plan will be required in accordance with Articles 16 or 37 prior to further development of proposed parcels, and proposed parcel sizes satisfy the minimum requirements of the Springfield Development Code (see Criterion 3, below). Conclusion: As proposed, Tax Lots 300, 602 and 1102 will have direct access to public rights of way; Tax Lots 1100, 110 I and 303 require an approved access easement to comply with SDC Article 16. The proposal complies with this criterion subject to the following condition: Condition I: Prior to Final Approval the applicant shall submit a revised access and utility easement for review and approval by the City. The revised easement must, at a minimum, address the following: . Specifically address the provision of sanitary, storm, and all other public utilities, . Include all exhibits referenced in the document, . Show location and dimension of eXlsting roads on an exhibit, . Specifically address maintenance, . Revise sunset clause to address vacation or relocation of any existing easement or portion thereof; The approved easement document shall be filed concurrently with the final plans. (3) Reduce an existing lot or parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in the SDC Applicant Submittal: This serial lot line adjustment will actually bring several non-confonning lots into compliance with established lot size standards in the Springfield Development Code.' Finding: There are no existing structures on the subject site; therefore setback provisions do not apply. Finding: The largest minimum lot size and dimension standards of the Hillside Development Overlay District (HDO) are 40,000 square feet of area and 200 feet of frontage, the minimum lot size of the Urban Fringe Overlay District (UF-l 0) is 10 acres. . Finding: The proposed Serial Property Line Adjustment will result in the following lot sizes and street frontages, which comply with the above referenced standard: Serial Property Une Adjustment SUB2003-00049 4 MountainGatelLand Planning Consultants . . Tax Lot Existing Net Existing Net Street Lot Size Lot Size Street Frontage Pro nosed Fronta~e Pro Dosed 300 *** .63 ac 126 ac +/- 49' +/- 250' 303 '" 325 ac 16.5 ac 50' 50' (Easement) 602 ' 3.16 ac 29.6 0' 260' 1100' .48 ac 60 ac 30' 0 (Easement) 1101 ' .37 ac 28.5 ac 20' 0 (EasemeDt) 1102' 3.18ac 72.2 ac 200' 200' , HDG " UF-IO Conclusion: This proposal satisfies Criterion 3. (4) Violate any previous conditions the Approval Authority may have imposed on the lots or. parcels involved in the application Applicant Submittal: There are no previous conditions imposed on the subject lots that will be violated by this seriilllot line adjustment. It is consistent with the phasing of development and creation of public open space areas approved by the MountainGate Master Plan. Finding: Staff concurs with the applicant. Conclusion: This proposal satisfies Criterion 4. (5) Detrimentally alter the availability of existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels Applicant Submittal: This serial lot line adjustment will not impede the provision of public and private services as progression of the MountainGate Development will allow utilities to extend to each proposed developable parcel. Finding: The City Transportation Planning Engineer and Public Works Engineer reviewed the proposal and determined the Serial Property Line Adjustment would not alter the availability of existing public or private utilities to the subject parcels or to abutting parcels because all utilities exist along the perimeter of the site and can be extended via the approved Master Plan. Finding: An easement has been required for the internal utility access to the proposed parcels under Criterion 2. Conclusion: This proposal satisfies Criterion 5 because the utilities existing along the perimeter of the subject properties can be extended to serve internal properties by required easements. (6) Increase the degree of non-conformity of each lot, parcel or structure that is non-conforming at the time of application Applicant Submittal: This serial lot line adjustment will actually bring four (4) non-confornling lots (Tax Lots 300, 1100, llOl;and 1102) into confornlance with the existing Springfield Development Code. Serial Property Une Adjustment SUB1003-00049 5 MountoinGatelLand Planning Consultants . . Finding: Staff concurs with the applicant. As demonstrated by the table under Criterion 3 above, all lot size and access requirements of the code are satisfied by the proposed lot sizes, frontages and required easements. Conclusion: This proposal satisfies Criterion 6. What Needs To Be Done? (1) Prior to Final Approval the applicant shall submit a revised access and utility easement for review and approval by the City. The revised easement must, at a minimum address the following issues: . Specifically address the provision of sanitary, storm, and all other public utilities, . Include all exhibits referenced in the document, . Show location and dimension of existing roads on an exhibit, . Specifically address maintenance, . Revise snnset clause to address vacation or relocation of any existing easement or portion thereof; The approved easement document shall be filed concurrently with the final plans. (2) A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor in accordance with ORS 92.01O(7)(b), ORS 92.060(3) and ORS 209.250. (3) One copy of the Final Survey shall be delivered to the Development Service Department together with any conditioned documents. (4) Once the Director and City Surveyor have certified all conditions listed under Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Surveyor's Office. . (5) The owners ofthe lots or parcels included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.190(4). The Property Line Adjustment deeds shall contain the names of the parties, the description of the adjusted line, reference to original recorded documents and signatures of all parties with proper acknowledgnlent. The Property Line Adjustment deeds shall also identify the Planning file number, SUB2003-00049, and shall contain a statement declaring that the purpose of the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. In the case of serial Property Line Adjustments processed under Type II procedure, each Property Line Adjustment deed for the lots or parcels in the series shall be recorded separately, in the sequence of City approval. (6) A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any other recorded documents that may have been required as a condition of approval. Additional Information The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Serial Property Une Adjustment SUB1003-00049 6 MountoinGatelLand Planning Consultants , . . . Appeal This Type II Serial Property Line Adjustment decision is considered a decision of the Director imd as such may be appealed to the Planning Commission, The appeal may be filed with the Development Services Department by an affected party. The appeal must be in accordance with SDC, Article 15, Appeals. An Appeals application must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 15.020 which provides for a IO-day appeal period arid Oregon Rules of Civil Procedures, Rule lO(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p.m. on February 6'", 2004. Questions Please call Jim Donovan in the Planning Division of the Development Services Department at (541) 736- 3660 if you have any questions regarding this process. Prepared By James P. Donovan Planner II Serial Property Line Adjustment SUB2003-00049 7 MountainGatelLand Planning Consultants ." RECORDING REaUESTED ~ FIDELITY NATIONAL TITlE"PANY OF OREGON . GRANTOWS NAME Alberts Development LLC GRANTEE'S NAME Leelynn, Inc. and Wiley Mt., Inc. end Frontier L~r$l' Co.,llC ,,-'..A;,~'r . ..~""c",f:,-" "'':;::'f:o SEND TAx STATEMENTS To: ":.1'~'1:~'P L L I ,(1,r.....;.J" ee ynn, nc. ~~r ';:.I...;1-,{.''' ' PO 80x 518 d::~:t:',~, ,~~ ~ Creswell OR 97426 .('S/..! 0',,:,-' 01" 0' , ~~~~~ ~~ ~"r'.,l$ f;oW' .('/.\61" ;}' 'r,,":oT 'V .~, ~ DivIsion 0' Chi.' Depuly Clerk l.n8 County D..d. .nd R.cord. AFTER RECORD1NCl RETURN TO: LeeLynn. Inc. PO Box 51B Creswell. OR 97426 l~~I.m~~~ . UlIJ~l~l~Jll~~Jmml~l~WIIW'!~~!tl 04: 10~;~ ':: RPR-DEED Cnf.1 Sln=B CASHIER 05 $20.00 $11.00 SIb. 00 ' I .. SPACr: A~OVt 'HIS LINE fOR H!:(;ORUI:R S USE STATUTORY WARRANTY OEEO Alberts Development LtC, Grantor, conveys and warrants to leelynn. 'nc.. a Oregon CorporatIon and Wiley Mt.. Inc., a Oregon Corporation and Frontier land CO.,lLC. 8 ltd. liability Co., as tenants In commOIl, Grantee, the following described reel property, .free and clear of encumbrances except as specifically set forth below, situated in the County of , State of Oregon, SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF Subject to and excepting: Covenants. conditions, restrictions and easements of records. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFDRE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACOUIRlNG FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVEO USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FDREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $2,300,DDO.DD' (See ORS 93.0301 "WHICH IS PAID BY AN ACCOMMODATOR PURSUANT TO AN IRC 1031 EXCHANGE DATED, March 14, 2001 AlbertsC2/J;<t LL ,Uability Co. By, . ~-":W: Todd M. Alberts,Memb r RECRIVED FEB 1 7 2004 BY: -1 ~ STATE OF OREGON . COUNTY OF [C..;"O ~ by Todd M. Alberts as Member ~&)--> NOT ~ MrCOMMISSI~N tXPI . ./ ~ ( ~ FORD-313 (~m~ ::--.. '-'-;;.:;:;;:.~~;;.:. _ UFf:/CIAlSEAl " 6BHl . . ~~~7J:UBUC'OREGON My COMMISSION ~~~E.SA302651 .... _ " JUlY26,2001 . """-.,~ STATUTORY WARRANTY DEED /tJl1t(/(>? ~~ . . Order No. 02-100608-46 EXHIBIT "ONE" -(t.. ~~ PARCEL 1 Beginning at a Point on the Westerly line of the S. D. Gager Donation Land Cleim No. 41lln Township 17 South, Range 2 West of the Willamette Meridian, 1742.2 feet South 0001'.30". West of the Northwest corner thereof; said point also being on the South line of EVERGLAbE .": PARK, as pletted and'recorded In File 72, Slide 34, Lana County Oregon Plat Recordsl"Bnd' . . running thence South 890 44' Eest 1100 feet to the Southeast corner of said EVEI\GLAbE." . PARK; thence North 00 01' 30" East; parallel with the Wast line of !laid Donation Lllnd Clalm/. 660.0 feet to e point 660.0 feet South of the Southerly right of wey IIne'of the Mcl<entle' .... ! Highway; said point also being the Northeast corner of Lot 5, MAGEE'S ADDITION, a9 platted. .': '. and recorded in File 72, Slide 37, said Plat Racords; thence South 89044' East, parallel with," , the said right of way line 3726.84 feat to the most Westerly West line of the Thomas J. ';" Maynard Donation Land Claim No. 44; thenca South 00 17' Wast on said Westerly line' ,',' '. 482.91 feet to the Westerly Southwest corner thereof; thence $outh 890 62' Eest on the, . Southerly line of said Donation Land Claim, 381.0 feet; thencb South 00 00' 40. West,. " 322.66 feet; thence South 890 62' East, 675.0 feet to a point ?n the Westerly f1ne.aflleld '."",:;, Donation Land Claim, 322.66 feet South of the re-entrant angle In said Claim; thence SoutH:!. ,. 0000' 40" West 2639.81 feet to the Southwest corner of the Thomes J. Maynard Dohatlon ." " Land Claim; thence South 00 00' 40" West 638.44feat to the East-West centerllna of Section . 3. Township 18 South Range 2 West of the Wlllamette Meridian; thence North 990 24' 30" West on said East-West centerline 1858.54 feet to the Easterly line of the, John Smith .' : Donation Land Claim No. 48; thance North on sold line 398.08 feet to the Northeast cornet, theraof; thence North 890 68' 10" West, 1440.26 feet to a point on the Easterly right of way line of the Weyerhaeuser Timber Company's Road as set forth In Instrument recorded August 22, 1947. In Book 354, Pege 433, Lane County Deed Records; thence on said rlglit of waY, line as follows: North 20 00' Eest, 291.17 feet; thence on the erc of a 602.96 foot tadlus curve left (the long chord of which beers North 330 38' West, 702.56 feet! a dlstanca of 750.00 feet. North 690 16' West, 171.47 feet, on the arc of e 542.96 footradlus curve right (the long chord of which North 540 11' 30" West, 262.42 feet! a distance of 266.71 feeti end North 390 07' West, 11 01.59 feet; thence leaving said right of way line North 00 OB' West, 642.9 feet, more or less. to a point; said point also being the Northaast corner of Lot 17, SPRING OAKS, as platted and recorded In Fila 73, Slide 252, said Plat Records; thence North 890 58' 30" West 516.2 feet, more or less, to the West line of seld Stephen Gager Donation Land Claim; thence North 00 01' 30" East, on seid line, 536.85 foot, more or less, to the Point of Beginning, In Lane County, Oregon. EXCEPTING THEREFROM: that portion conveyed to McKenzie Highway Water District by Agreement Dead and Easement. racordad June 12, 1961, Raception No. 34700, Lane County Oregon Deed Records. In Lane County, Dragon. . ALSO EXCEPTING THEREFROM: That portion conveyed to the City of Springfield. a munIcipal: corporation. by deed recorded Mey 27. 1985, Reception No. 04991, Lane County Oregon Deed Records. In Lane County, Oregon. ' ALSO EXCEPTING THEREFROM: Any portion thereof Included In Decree entared December 13, . 1978, Case No. 78-5043, in the Circuit Court of the State of Dragon for Lane County" Oregon. '. ALSO EXCEPTING THEREFROM: Thet portion conveyed to the City of Springfield by deed I recorded Septembar 23, 1980, Reception No. 8047579, Lane County Oregon Deed Records, in Lane County, Oregon. ' . ALSO EXCEPTING THEREFROM: Thet portion conveyed to the City of Springfield by deed recorded June 8, 1981, Reception No. 8124408, and recorded June 17, 1981, Reception No. 8125922, Lane County Official records, In Lana County. Oregon. ALSO EXCEPTING THEREFROM: BelJinning at a Point marking tho Southeast corner of Section 33. Township 17 South, Range 2 West of the Willametta Meridian; running thence South 890 09' 14" West 261.46 feet; thence South 000 06' 02" East 74.05 feet to the Northeast corner of SPRING OAKS, as platted and recorded In File 73, Slide 252, Lane County Oregon Plat, Records; thence North 89 D 67' 11" West 515.56 faet to the centerline of 57th Street; thence 2 y ~\.~ \,00 /.v\ \ . ~l. \\0 \ . . Order No. 02-100808-413 North 000 DO' 27" East, along the centerline. of 67th Street, 460.19 feet to the Southwest corner of EVERGLADE PARK, es platted and re.corded In File 72, Slide 34, said Plat Recorda: '. thence South 89046' 03" East !iOO.Ofeet to the Southeast corner of said EVERGLADE PARK:..: thence North DO" 00' 27" East 549.78 feet, along the East line of said EVERGLADE PARK,'.: and the East line of MAGEE'S ADDITION, as platted and recorded In File 72. Slide 37/ said :'''' Plat Records, to the Northaast corner of said MAGEE'S ADDITION; thenca SoutN890 46' Ogri, . East 577 .63 feet: thence South DO" 03' 20" West 923.37 feet to the South line of Sebtllin ' 34, In said Township and Range; thence South 890 09' 14" West, along the South line ohald':," Section 34, a distance of 14.46 feet to'the Northeasterly line of that certain tract of land' , conveyed to the McKenzie Highway Water District by deed Recorded June ,12. 1961.. Reception No. 34700, said Deed Records; thence North 63" 43' 08" West 126.62 feet to thll North corner of said McKenzie Highway Water District Tract: then'ce 'South.38 0 18' 62" West 94.96 feet, along the NorthWesterly line of said Mckenzie Highway Water District tract to the , South line of said Section 34; thence South 890 09' 14" West 128.29 feet to the PoInt of Beginning, In Lane County, Oregon. . ALSO EXCEPTING THEREFROM: that portion conveyed to MMountalngeteDevelopment Company, a partnership, by deed recorded Septamber 20,1994, Reception No. 9467493,sald County Records, In lane'County, Oregon. . .' ALSO EXCEPTING THEREFROM: That portion of the T. Maynard Donation Land Claim No. 37, In the Northeast 1/4 of Section 3, Township 16 South, Range 2 West of the Wlllarnette Meridian, more particularly described as follows: Beginning at the 1977 Lsne County breSIl cap monument marking the South Southwest corner of said Donation Lend Claim No; 37:thence South 000 05' 42" Wast, along the West line thereof, 76.00 feet; thence North 690 20' 57" West 213.60 feet: thence North 00" 05' 42" East 130.00 feet; thence North 460 38'.69" West 84.96 feet to a point on a curve, the center. of which bears North 46" 36' 69" WIIllt: thence along the arc of said curve to the left, having a radius of 45.00 feet, throughe centrel. angle of 64" 08' 31", an erc distanca of 50.38 feet; thence North 29" 05' 42" East 108.61 feet; thence South 610 22' 27" East 202.24 feet to said West line of the T. Mllynard Donation Land Claim No. 37; thence South 00005' 42" West, along said West line, 300.00 feet to the Point of Beginning, in Lene County, Oregon. PARCEL 2 BeginnIng at a Point on the West line of the S. D. Gager Donation Land Claim II/li. 61. In' TownshIp 16 South, Range 2 West of the Wlllamette Meridian, North 00 01' 30"l:list, 2170.39 feet from the Southwest corner of said Claim; running thance on the arc of 8690.1 foot radius curve right (the chord of which bears South 67" 27' 30" East, 660.14 feat) II distance of 683.63 feet: thence run North 00 06' West, 75.14 feet, more or less, to il point, said point being the Southeast corner of SPRING OAKS, as platted and recorded In File 73, Slide 252, Lane County Oregon Plat Records: thence running Northwesterly, along the Southerly boundery line of seid SPRING OAKS, on the arc of a 640.1 foot redlus curve left lthe chord of which bears North 690 61' 40" West, 660.66 feet) a distance of 674.61 feet to the West line of Bald Claim No. 61; thence South 00 01' 30" West, 50.06 feet to the PoInt. of Beginning, In Lane County, Oregon. , EXCEPT THEREFROM: That portion deeded to Lane County In a Warranty Deed recorded August 8. 2000, Reception No. 2000-046367,Officlal Records of Lane County, Oregon. PARCEL 3 PARCEL 4 That tract of lend In Section 34, Township 17 South Range 2 West of the Wlllamette Meridian, 3 . ~ ."" . . ,D'L- 'f\-\ -(\. bD1... . . Order No. 02'1006P~;,1~fi:" ,; being a portion of that land conveyed to John. A Wytoskl In Reel, 921. Reception Nil.'::! ",' " 7845114, Lane County Oregon Records, lying Easterly of CLIFFS IDE MANOR, as plattlld lind,,,, , recorded In File 73, Slide 97, Lane County oregon Plet Records, more particularly dll!lctllilldl,' ;, as follows: Beginning at a Point on the South right of way line of the McKenzie HllI,hwllY.::-,'!. 3192.0 feet East and 660.64 feet South of the Northwest corner of the Stephen ~lllillf ,: Donation Land Claim No. 46, In Township 17 South, Range 2 West of the WlIIametteMerldlllt1;"" thence, along the seld right of way line, North 890 45' 09" West 20.11 feet, monl orless," to a point on the East line of CLIFFS IDE MANOR; thence, elong the Eest line of said cLlFFSIDl: ' MANOR, as monumented and Its extension Southerly South 00 00' 26" West 680.00 feet: . thenca South 890 45' 09" East 20.10 feet, more or less, to the Southeast corner of thab property ad described In Reel No. 921, Reception No. 7646114, sold Records: thence, elong the East lina of said property, North 00 00' 27" East 680.00 feet to the Point of Baglnnlng, In Lane County, Oregon. . PARCEL 5 Beginning at a Point on the South boundary of the McKenzie Hlghw.ey 34666 feet East of the Northwest corner of Stephen Gagar Donation land Claim No. 45/8nd 550.84 faet SOllth of the Northwest corner of said Claim In Township 17 South, Ranga 2 Wast of th!l Wlllematte Marldlan: thence West 204.0 feet; thence South BBO.O feet; thence East 204.0 feet; thence North B60.0 feet to the Point of Beginning, in lane County, oregon. PARCel 6 Beginning at the B x 12 Inch stone marking the location of the Southeast cornar of lot 3, Section 34, Township 17 South, Range 2 West of the Wlllamette Merldlen: thence North 174.7 feet to a point on the Southerly right of way line of the McKenzie Highway, said point being 2.3 feet South of a point marked by a cross on a stone; thance South 890,44' West 366.9 feet along said Southerly right of way line to the True Point of Beginning; thence South 373.80 feet; thence North 890 44' East 66.0 faat; thenc,e South 28B.2 feet; thence South 89044' West 478.55 faet, more or lass to a point, said point being South BBO,Ofeet from a point which Is 550.84 feet South and 345B feet East of the Northwast corner of thll Stephen Gager Donation lend Claim No. 45; thence North 286.20feet; thence South 89,064' East 347.53 feet; thenca North 10 00' West 200.12 feet to a corner post set In a rock mound; thence North 10 28' West 176.12 feet to a point on the Southerly right of WilY line of the McKenzie Highway; said polnt,also behlg the Northeast corner of Lot 1, COBBLESToNE, as platted and recorded In File 73, Slide 171,lane County oregon Plat Records; thence North 890 44' East 80.80 feet along the said Southerly right of way line to the True Point of Beginning. in lane County, oregon. . EXCEPT THEREFROM: That tract described In Deed t~ the City of Springfield, recorded Mllrch 15,1967, Reception No. 78346, lane County official Records, In lane County, oregon. ALSO EXCEPTING THEREFROM: Beginning at the B " B" 121nch stone merklng the Southeast, corner of Lot 3, Section 34, Township 17 South, Range 2 West of the Willamette Meridian: . thence North 174.7 feet to a point on the Southerly right of way line of the McKilnzle Highway, said point being 2.3 feet South of a point marked by a cross on a stone: thllncll along the Southerly right of way line of said McKenzie Highway, South 890 44' West 38B.aO feet to the True Point of Beginning; thence South 316.11 feet; thence South 890 44' WIl9t 73.65 feet to 8 point merklng the Intersection of the Northerly right of wily of South A Street and the Easterly boundary of COBBElSTONE, as platted and recorded In File 73, Slide 171, . lane County Oregon Plat Records; thence along the Easterly boundary of saId Plat, North 1 D 00' West 140.12 feet to a corner post set In a rock mound; thence North 10 28' West 178.12 feet to a point on the Southerly right of way of McKenzie Highway, said point being the Initial Point of said COBBLESTONE; thence along the Southerly right of way line of the McKimzl1l Highway, North 890 44' East 80.60 feet to the Point of Beginning, In lane County, oregon, 4 " ~ . . DR/~FT AFTER RECORDING RETURN TO: UNLESS OTHERWISE REQUESTED SEND ALL TAX STATEMENTS TO: DECLARATION OF EASEMENT PARTIES: LeeLynn, Inc., Wiley Mt. Inc. P.O. Box 518 Creswell, OR 97426 AND Alberts Development, LLC P.O. Box 10545 Eugene, OR 97440 hereinafter "Declarants" 1. Consideration. The consideration for this easement is other than monetary and includes Declarants complying with the terms of the City of Springfield Notice of Decision - Serial Property Line Adjustment, dated January 23, 2004 in which Declarants are the owners. 2. Real Property. Declarants own six parcels of real property in the MountainGate Development in Springfield, Oregon, described on Exhibit "A" attached hereto and incorporated herein by reference and reflected on the map marked Exhibit "B" attached hereto and incorporated herein by reference. 3. Temporary Access and Storm and Sanitary Easements A. Grant of Temporary Access Easements. Declarants hereby grant and declare temporary access easements and temporary sanitary, storm and other utility easements 50 feet in width for vehicle access ingress and egress over and on existing roads within Parcels I, 2, 3 and 4, the location of those roads as more specifically shown on Exhibit "B" attached hereto and incorporated herein by reference. Said temporary easements are over and across and burden Parcels 1, 2, 3 and 4 and are appurtenant to and benefit Parcels I, 2, 3, 4, 5 and 6. . B. Pumose. The purpose of the temporary access easements described is to provide temporary emergency access over the existing roads on the property as more particularly described and set forth in Exhibit B and to provide temporary sanitary storm and other utility easements as may be necessary to accommodate the development of Parcels 1,2, 3, 4, 5 and 6. DECLARATION OF EASEMENT Page-I- ;, . . 4. Grant of Temporary Stormwater Easements. Declarants also grant temporary easements for stormwater drainage over, across, and upon existing open water drainage channels necessary to serve Parcels I, 2, 3,4, 5 and 6. The precise location of such open water drainage channels shall be established by Declarants after consultation with City of Springfield. Said temporary stormwater drainage easements are over and across and burden Parcels I, 2, 3, 4,5 and 6 and are appurtenant to and benefit Parcels I, 2, 3, 4, 5 and 6. 5. Grant of Other Necessary Temporary Public Utility Easements. Declarants acknowledge that other easements may be necessary for public utilities to serve Parcels 1,2,3,4,5, and 6. If deemed necessary by the City of Springfield, Declarants shall, after consultation with the City of Springfield, designate the location of such easements on Parcels 1,2,3,4,5 and 6 prior to the real property underlying such public utility easement being improved or utilized for another purpose. 6. All Costs Necessary for the Establishment. Maintenance and Termination of the Temporary Easements Described in Sections 3. 4 and 5. All cost and maintenance of such easements, including but not limited to the establishment, construction, maintenance and termination of any roads and easements, shall be apportioned among the owners of Parcels I -6 in proportion to their respective use of such easements. 7. Tennination. It is the intent of the Declarants and the agreement of the City that the easements provided by this Declaration are temporary. They shall cease, desist, and expire upon the recordation of Subdivision Plats 1, 2, 3 and 4 and the recordation of the conveyance of Parcels 5 and 6 to Wi llama lane Park and Recreation District, whichever shall last occur. If necessary to provide record notice of such expiration, City shall sign appropriate documents for recordation. 8. NON-MERGER. There shall be no merger ofthis instrument or of the easements created by this instrument with the fee estate in the real properties described herein by reason of the fact that these easements or any interest in the easements may be held, directly or indirectly, by or for the account of any person who shall own all or any portion of the fee estate in the real property. It is the Declarants' intent that until the conditions for termination are met as set forth in Section 7, the easements created by this instrument are and shall always remain separate from, and shall not merge with, the fee ownership of the real properties. LEEL YNN, INe. By: Date WILEY MT. INe. By: Date ALBERTS DEVELOPMENT, LLC By: Date "'NOTARIES TO APPEAR ON NEXT PAGE'" DECLARATION OF EASEMENT Page-2- '. . . STATEOFOREGON ) )ss County of Lane ) This instrument was acknowledged before me on as of LeeLynn, Inc. , 2004 by Notary Public for Oregon My Commission Expires: STATE OF OREGON ) )ss County of Lane ) This instrument was acknowledged before me on as of Wiley MI., Inc. , 2004 by Notary Public for Oregon My Commission Expires: STATE OF OREGON ) )ss County of Lane ) This instrument was acknowledged before me on , 2004 by as of Alberts Development LLC. Notary Public for Oregon My Commission Expires: N :City/PlanninglMtngateRevisited/DeclarationofEasement.doc DECLARATION OF EASEMENT Page,), . DRAFT DOCUMENT. . Send Tax Statements to: Wiley MI., Inc. & LeeLynn, Inc. PO Box 518 Creswell, OR 97426 DECLARATION OF PROPERTY LINE ADJUSTMENT ISUB2003-000491 This declaration of property line adjustment is the first (1 of 5) in a series of five (5) property line adjustments recorded to relocate the boundaries between six commonly owned parcels of land. The purpose of the first property line adjustment is to move a common boundary line shared by Tax Lot 303 of Assessor's Map 18-02-03 and Tax Lot 300 of Assessor's Map 18-02-03 according to the provisions of the City of Springfield land use regulations and ORS 92.190. Tax Lot 303: LeeLynn, Inc., an Oregon Corporation and Wiley MI., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common, are the owner of Tax Lot 303 of Assessor's Map 18-02-03, further described in Exhibit "A". The deed reference for Tax Lot 303 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001- 013944, Lane County, Oregon Deed Records. Tax Lot 300: LeeLynn, Inc., an Oregon Corporation and Wiley MI., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common are the owner of Tax Lot 300 of Assessors Map 18-02-04-11, further described in Exhibit "B". The deed reference for Tax Lot 300 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001- 013944, Lane County, Oregon Deed Records Revised Tax Lot 300: Following this property line adjustment, the description of Revised Tax Lot 300 of Assessor's Map 18-02-04-11 is described on the attached Exhibit "C". The underlined portions of the Exhibit indicate the adjusted property line. 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 USES. The true consideration for this conveyance is $ ~. AFTER RECORDING RETURN TO: OLSON AND MORRIS, 1410 OAK ST., SUITE 200, EUGENE, OR 97401 Dated: I . . DRAFT DOCUMENT . LeeLynn, Inc., an Oregon Corporation By: Melvin McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Melvin McDougal, on behalf of LeeLynn, Inc. Notary Public For Oregon My Commission Expires Wiley MI., Inc., an Oregon Corporation By: Norman N. McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before of 2004 by me this day Norman N. McDougal, on behalf of Wiley MI., Inc. Notary Public For Oregon My Commission Expires Alberts Development LLC a LId. Liability Co. STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Todd M. Alberts, Member, Alberts Development LLC. Notary Public For Oregon My Commission Expires . DRAFT DOCUMENT. . Exhibit "An Tax Lot 303 Beginning at a Point on the Westerly line of the S.D. Gager Donation Land Claim No. 45 in Township 17 Souih, Range 2 West of the Willamette Meridian, 1742.2 feet South 0' 01' 30" West of the Northwest corner; thereof; said point also being on the South line of EVERGLADE PARK, as platted and recorded in File 72, Slide 34, Lane County Oregon Plat Records; and running thence South 89' 44' East 500 feet to the Southeast corner of said EVERGLADE PARK; thence North 0'01'30" East, parallel with the West line of said Donation Lflnd Claim, 550.0 feet to a point 660.0 feet South of the Southerly right of way line of the McKenzie Highway; said point also being the Northeast corner of Lot 5, MAGEE'S ADDITION, as platted and recorded in File 72, Slide 37, said Plat Records; thence South 89' 44' East, parallel with the said right of way line 3725.84 feet to the most Westerly West line of the Thomas J. Maynard Donation Land Claim No. 44; thence South 0' 17 West on said Westerly line 4482.91 feet to the Westerly Southwest corner thereof; thence South 89' 52' East on the Southerly line of said Donation Land Claim, 381.0 feet; thence South 0' 00' 40" West, 322.66 feet; thence South 89' 52' East, 675.0 feet to a pOint on the Westerly line of said Donation Land Claim, 322.66 feet South of the re-entrant angle in said Claim. thence South 0'00' 40" West 2639.81 feet to the Southwest corner of the Thomas J. Maynard Donation Land Claim; thence South 0'00' 40" West 536.44 feet to the East-West centerline of Section 3, Township 18 South Range 2 West of the Willamette Meridian, thence North 89' 24'30" West on said East-West centerline 1858.54 feet to the Easterly line of the John Smith Donation Land Claim No. 48; thence North on said line 398.08 feet to the Northeast corner thereof; thence North 89' 58' 10" West, 1440.25 feet to a point on the Easterly right of way line of the Weyerhaeuser Timber Company's Road as set forth in instrument recorded August 22, 1947, in Book 354, Page 433, Lane County Deed Records; thence on said right of way line as follows: North 2' 00' East, 291.17 feet; thence on the arc of a 602.96 foot radius curve left (the long chord of which bears North 33' 38' West, 702.56 feet) a distance of 750.00 feet, North 69' 16' West, 171.47 feet, on the arc of a 542.96 foot radius curve right (the long chord of which North 54' 11' 30" West, 282. 42 feet) a distance of 285.71 feet, and North 39' 01' West, 1101.59 feet; thence leaving said right of way line North 0' 06'West, 542.9 feet, more or less, to a point; said point also being the Northeast corner of Lot 17. SPRING OAKS, as platted and recorded in File 73, Slide 252, said Plat Records; thence North 89' 58' 30" West 516.2 feet, more or less, to the West line of said Stephen Gager Donation Land Claim; thence North 0' 01'30 East, on said line, 535.85 feet, more or less, to the Point of Beginning, in Lane Count, Oregon. EXCEPTING THEREFROM: that portion conveyed to McKenzie Highway Water District by Agreement Deed and Easement, recorded June 12, 1961, Reception No. 34700, Lane County Oregon Deed Records, in Lane Count, Oregon. ALSO EXCEPTING THEREFROM: That portion conveyed to the City of Springfield, a municipal corporation, by deed recorded May 27, 1965, Reception No. 04991, Lane County Oregon Deed Records, in Lane County, Oregon. ALSO EXCEPTING THEREFROM: Any portion thereof included in Decree entered December 13,1978, Case No. 78-5043, in the Circuit Court of the State of Oregon for Lane County, Oregon. ALSO EXCEPTING THEREFROM: That portion conveyed to the City of Springfield by deed recorded September 23, 1980, Reception No. 8047579, Lane County Oregon Deed Records, in Lane County, Oregon. . DRAFT DOCUMENT. . ALSO EXCEPTING THEREFROM: That portion conveyed to the City of Springfield by deed recorded June 8,1981, Reception No. 8124408, and recorded June 17,1981, Reception No. 8125922, Lane County Official records, in Lane County, Oregon. ALSO EXCEPTING THEREFROM: Beginning at a Point marking the Southeast corner of Section 33, Township 17 South, Range 2 West of the Willamette Meridian; running thence South 89' 09' 14" West 261.45 feet; thence South 0' 06' 02" East 74.05 feet to the Northeast corner of SPRING OAKS, as platted and recorded in File 73, Slide 252, Lane County Oregon Plat Records; thence North 89' 57' 11" West 515.55 feet to the centerline of 57'h Street; thence North 0' 00' 27" East, along the centerline of 57'h Street, 460.19 feet to the Southwest corner of EVERGLADE PARK, as platted and recorded in File 72, Slide 34, said Plat Records; thence South 89' 45' 03" East 500.0 feet to the Southeast corner of said EVERGLADE PARK; thence North 00' 00' 27" East 549.78 feet, along the East line of said EVERGLADE PARK; and the East line of MAGEE'S ADDITION, as platted and recorded in File 72, Slide 37, said Plat Records, to the Northeast corner of said MAGEE'S ADDITION; thence South 89' 45' 09" East 577.53 feet; thence South 00' 03' 20" West 923.37 feet to the South line of Section 34, of said Township and Range; thence South 89' 09'14" West, along the South line of said Section 34 , a distance of 14.45 feet to the Northeasterly line of that certain tract of land conveyed to the McKenzie Highway Water District by deed Recorded June 1961, Reception No. 34700, said, Deed Records: thence North 53' 43'08" West 125.52 feet to the North corner of said McKenzie Highway Water District Tract; thence South 36' 16'52" West 94.95 feet, along the Northwesterly line of said McKenzie Highway Water District tract to the South line of said Section 34; thence South 89' 09'14" West 128.29 feet to the Point of Beginning in Lane County, Oregon. ALSO EXCEPTING THEREFROM: that portion conveyed to MountainGate Development Company, a partnership, by deed recorded September 20, 1994, Reception No. 9467493, said County Records, in Lane County, Oregon. ALSO EXCEPTING THEREFROM: that portion of the T. Maynard Donation Land Claim No. 37, in the Northeast 11.. of Section 3, Township 18 South, Range 2 West of the Willamette Meridian, more particularly described as follows: Beginning at the 1977 Lane County brass cap monument marking the South Southwest corner of said Donation Land Claim No. 37; thence South 00' 05' 42" West, along the West line thereof, 75.00 feet; thence North 69' 20' 57" West 213.60 feet; thence North 00' 05' 42" East 130.00 feet; thence North 46' 38' 59" West 84.96 feet to appoint on a curve, the center of which bears North 46' 38' 59" West; thence along the arc of said curve to the left, having a radius of 45.00 feet, through a central angle of 64' 08'31", an arc distance of 50.38 feet; thence North 29' 05' 42" East 108.51 feet; thence South 81' 22' 27" East 202.24 feet to said West line of the T. Maynard Donation Land Claim No. 37; thence South 00' 05' 42" West, along said West line, 300.00 feet to the Point of Beginning, in Lane County, Oregon. EXHIBIT "B" Tax Lot 300 Beginning at a Point on the West line of the S.D. Gagar Donation Land Claim No. 61, in Township 18 South, Range 2 West of the Willamette Meridian, North 0' 01' 30" East, 2170.39 feet from the Southwest corner of said Claim; running thence on the arc of a 590.1 foot radius curve right (the chord of which bears South 67' 27' 30" East, 560.14 feet) a distance of 583.63 feet; thence run North 0' 06' West, 75.14 feet, more or less, to a point, said point being the Southeast corner of SPRING OAKS, AS PLATTED AND RECORDED IN File 73, Slide 252, Lane County Oregon Plat Records; thence running Northwesterly, along the Southerly . . DRAFT DOCUMENT · . boundary line of said SPRING OAKS, on the arc of a 640.1 foot radius curve left (the chord of which bears North 69051' 40" West, 550.88 feet) a distance of 574.61 feet to the West line of said Claim No. 61; thence South 00 01' 30" West, 50.06 feet to the Point of Beginning, in lane County, Oregon. EXCEPT THEREFROM: That portion deeded to lane County in a Warranty Deed recorded August 8, 2000, Reception No. 2000-045367, Official Records of lane County, Oregon. EXHIBIT "e" Revised Tax lot 300 - (Parcel 1 ) Beginning at the Brass Cap marking the Southwest Corner of the T. Maynard Donation land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence South 890 11' 45" East 381.00 feet; thence South 1043' 43" West 322.66 feet; thence South 880 11' 48" East 385.82 feet to a point on the boundary of EASTHAVEN SUBDIVISION, as platted and recorded in File 75, Slide 192, lane County Oregon Plat Records; run thence along said boundary South 1048' 15" West 212.20 feet; thence South 260 39' 33" East 139.62 feet; thence South 10 56' 38" West 135.43 feet; thence South 60 22' 13" West 64.77 feet; thence South 20 02' 43" West 150.07 feet thence North 880 11' 45" West 99.22 feet; thence South 140 40' 05" West 115.77 feet; thence South 1043' 43" West 360.53 feet; thence South 680 40' 48" East 100.41 feet; thence South 610 41' 36" East 117.80 feet; thence South 57" 59' 24" East 144.93 feet; thence leaving said Plat boundary South 79042' 24" East 30.13 feet; thence South 1043' 42" West 982.37 feet; thence North 790 44' 26" West 202.24 feet; thence South 300 43' 43" West 108.51 feet; thence along the arc of a 45.00 foot radius curve to the right, the long chord of which bears South 12054' 46" West 47.79 feet; thence South 450 00' 58" East 84.96 feet; thence South 1043' 43" West 130.00 feet; thence South 670 42' 56" East 213.60 feet; thence South 1043' 43" West 462.56 feet; thence North 870 44' 49" West 973.06 feet to the TRUE POINT of BEGINNING; run thence North 220 16' 34" East 923.00 feet: thence North 30046' 58" West 92.67 feet: thence North 25019' 10" West 96.02 feet: thence North 110 10' 22" West 131.49 feet; thence North 730 44' 26" East 54.57 feet: thence South 320 30' 38" East 121.36 feet; thence alonq the arc of a 46.00 foot radius curve to the rioht. the lono chord of which bears North 410 01' 32" East 13.55 feet: thence North 320 30' 48" West 226.16 feet; thence North 700 10' 22" East 99.84 feet; thence North 470 26' 51" West 44.47 feet; thence North 370 15' 32" East 109.21 feet; thence North 220 44' 11" West 90.47 feet: thence North 500 31' 56" West 154.11 feet: thence North 420 50' 03" East 66.07 feet: thence North 380 52' 01" West 108.94 feet: thence alonq the arc of a 275.00 foot radius curve. the lono chord of which bears South 450 37' 05" West 31.51 feet; thence North 470 39' 57" East 248.05 feet: thence South 370 15' 32" West 337.36; thence South 220 45' 38" West 236.72 feet: thence South 750 19' 04" West 654.82 feet; thence North 77041' 09" West 239.06 feet: thence North 50025' 29" West 231.87 feet; thence North 240 53' 54" West 335.34 feet: thence North 15035' 26" West 180.03 feet: thence North 14002' 28" East 281.68 feet; thence North 750 57' 32" West 120.00 feet: thence North 14002' 28" East 206.00 feet: thence North 750 57' 32" West 370.00 feet: thence North 14002' 28" East 320.90 feet; thence alonq the arc of a 369.99 foot radius curve to the left. the lonq chord of which bears North 60 44' 12" East 94.09 feet: thence North 00 34' 04" West 46.04 feet; thence South 89025' 56" West 120.00 feet: thence South 720 57' 20"West 129.30 feet: thence North . . DRAFT DOCUMENT · . 49050' 02" West 286.67 feet; thence South 400 09' 58" West 226.21 feet; thence alona the arc . of a 250.00 foot radius curve to the left, the 10nQ chord of which bears North 64019' 22" West 66.30 feet; thence South 380 32' 30" West 54.34 feet; thence South 80 52' 17" West 11.48 feet; thence alonQ the arc of a 51.01 foot radius curve to the left, the lona chord of which bears South 26048' 51" West 31.43 feet; thence South 440 45' 25" West 66.40 feet; thence alona the arc of a 86.99 foot radius curve to the riQhl. the 10nQ chord of which bears South 260 48' 51" West 53.60 feet; thence South 80 52' 17" West 240.59 feet; thence alonQ the arc 'of a 225.00 foot radius curve to the left, the lona chord of which bears South 7" 09' 33" East 128.34 feet; thence South 66016' 12" West 140.00 feet; thence alona the arc of a 365.00 foot radius curve to the riQhl. the lona chord of which bears North 90 03' 18" West 184.94 feet; thence North 81007' 43" West 110.14 feet; thence South 780 08' 12" West 52.37 feet; thence North 850 29' 07" West 140.29 feet; thence alona the arc of a 665.00 foot radius curve to the left, the 10nQ chord of which bears South 90 34' 22" East 325.30 feet; thence South 230 43' 48" East 214.39 feet; thence South 470 33' 40" East 149.89 feet; thence South 73046' 36" East 146.91 feet; thence South 520 02' 41" West 202.38 feet; thence North 370 35' 18" West 200.00 feet; thence North 320 41' 22" West 200.73 feet; thence North 250 55' 29" West 469.14 feet; thence North 5023' 54" East 356.05 feet; thence North 840 36' 34" West 63.51 feet; thence North 520 05' 07" West 150.00 feet; thence North 370 54' 53" East 205.05 feet; thence North 890 12' 45" West 389.74 feet; thence South 10 31' 59" West 623.78 feet; thence along the arc of a 796.19 foot radius curve to the left, the long chord of which bears North 67" 23' 21" West 553.13 feet to a point on the centerline of 581h Street; thence along said centerline South 1038' 28" West 49.89 feet; thence leaving said centerline and running along the Northerly right of way of Weyerhaeuser's private roadway along the arc of a 745.71 foot radius.curve to the right, the long chord of which bears South 620 50' 06" East 636.11 feet; thence South 37" 35' 19" East 979.83 feet; thence along the arc of 542.57 foot radius curve to the left, the long chord of which bears South 520 39' 49" East 282.23 feet; thence South 670 44' 19" East 192.07 feet; thence along the arc of a 602.57 foot radius curve to the right, the long chord of which bears South 320 06' 19" East 702.11 feet; thence South 30 31' 41" West 291.00 feet; thence leaving said Northerly right of way South 880 22' 34" East 1437.38 feet; thence South 1035' 59" West 396.60 feet; thence South 87044' 49" East 879.75 feet to the TRUE POINT of BEGINNING, in Springfield, Lane County, Oregon. Said parcel contains 125.49 acres more or less. _ DRAFT DOCUMEN. V> . " Send Tax Statementsto: Wiley Mt, Inc, & LeeLynn, Inc, PO Box 518 Creswell, OR 97426 DECLARATION OF PROPERTY LINE ADJUSTMENT ISUB200J-00049) This declaration of property line adjustment is the second (2 of 5) in a series offive (5) property line adjustments recorded to relocate the boundaries between six commonly owned parcels of land, The purpose of the second property line adjustment is to move a common boundary line shared by Tax Lot 1101 of Assessor's Map 17-02-34-34 and Tax Lot 303 of Assessor's Map 18-02-03 according to the provisions of the City of Springfield land use regulations and ORS 92,190, Tax Lot 1101: LeeLynn, Inc., an Oregon Corporation and Wiley Mt, Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co" as tenants in common, are the owner of Tax Lot 1101 of Assessor's Map 17-02-34-34, further described in Exhibit "A". The deed reference for Tax Lot 1101 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001- 013944, Lane County, Oregon Deed Records Tax Lot 303: LeeLynn, Inc., an Oregon Corporation and Wiley Mt, Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co" as tenants in common are the owner of Tax Lot 303 of Assessors Map 18-02-03. The reference to the legal description for Tax Lot 303 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001-013944, Lane County, Oregon Deed Records as adjusted by previously recorded adjustments within this series of five property line adjustments. Revised Tax Lot 1101: Following this property line adjustment, the description of the Revised Tax Lot 1101 of Assessor's Map 17-02-34-34 is described on the attached Exhibit "B". The underlined portions of the Exhibit indicate the adjusted property line. The true consideration for this conveyance is $ ~. AFTER RECORDING RETURN TO: OLSON AND MORRIS, 1410 OAK ST., SUITE 200, EUGENE, OR 97401 Dated: 1 _ DRAFT DOCUMEN. - . ;. 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 USES. LeeLynn, Inc., an Oregon Corporation By: Melvin McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Melvin McDougal, on behalf of LeeLynn, Inc. Notary Public For Oregon My Commission Expires Wiley MI., Inc., an Oregon Corporation By: Norman N. McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Norman N. McDougal, on behalf of Wiley MI., Inc. Notary Public For Oregon My Commission Expires Alberts Development LLC a Ltd. Liability Co. By: Todd M. Alberts, Member STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Todd M. Alberts, Member, Alberts Development LLC. Notary Public For Oregon My Commission Expires 2 . ,-'r~-'" ;, ............: ',," .'1 .,....,.. .. . '[ , . "-DRAFT DOCUMEN. . Exhibit "A" Tax Lot 1101 That tract of'land in Section 34, Township 17 South Range 2 West of the Willamette Meridian, being a portion of that land conveyed to John A. Wytoski in Reel 921, Reception No. 7845114, Lane County Oregon Records, lying Easterly of CLlFFSIDE MANOR, as platted and recorded in File 73, Slide 97, Lane County Oregon Plat Records, more particularly described as follows: Beginning at a Point on the South right of way line of the McKenzie Highway 3192.0 feet East and 550.84 feet South of the Northwest corner of the Stephen Gager Donation Land Claim No. 45, in Township 17 South, Range 2 West of the Willamette Meridian; thence, along the said right of way line, North 89' 45' 09" West 20.11 feet, more or less, to a point on the East line of CLlFFSIDE MANOR; thence, along the East line of said CLlFFSIDE MANOR, as monumented and its extension Southerly South 0' 00' 25" West 660.0 feet; thence South 89' 45' 09" East 20.10 feet, more or les, to the Southeast corner of that property as described in Reel No. 921, Reception No. 7845114, said Records; thence, along the East line of said property, North 0' 00' 27" East 660.00 feet to the Point of Beginning, in Lane County, Oregon. Exhibit "8" Revised Tax Lot 1101 - (Parcel 2) Beginning at the Brass Cap marking the Southwest Corner of the T. Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence North l' 57' 15" East 483.01 feet; thence North 88007' 08" West 302.54 feet; thence North 20 08' 53" East 286.21 feet; thence North 880 06' 26" West 66.00 feet; thence North 890 59' 53" West 72.85 feet; thence North 87045' 08" West 347.98 feet; thence North 00 47' 30" East 374.02 feet to a point on the Southerly right of way of McKenzie Highway; run thence along said right of way; North 880 07' 08" West 260.76 feet; thence leaving said right of way South 1038' 26" West 660.00 feet; thence North 880 07' 08" West 970:02 feet to the TRUE POINT of BEGINNING; run thence North 880 07' 08" West 1124.64 feet; thence South 10 41' 21" West 923.37 feet; thence North 87' 12' 45" West 14.45 feet; thence South 520 05' 07" East 24.58 feet; thence South 370 54' 53" West 300.00 feet; thence South 840 36' 34" East 63.51 feet; thence South 5023' 54" West 356.05 feet; thence South 250 55' 29" East 469.14 feet; thence South 320 41' 22" East 200.73 feet; thence South 370 35' 18" East 200.00 feet; thence North 520 02' 41" East 202.38 feet; thence North 730 46' 36" West 146.91 feet; thence North 470 33' 40" West 149.89 feet; thence North 230 43' 48" West 214.39 feet; thence along the arc of a 665.00 foot radius curve to the right, the long chord of which bears North 7' 25' 45" West 373.30 feet; thence North 80 52' 17" East 460.75 feet: thence North 160 25' 07" East 185.22 feet: thence North 420 38' 17" East 648.27 feet: thence North 610 37' 29" East 389.01 feet: thence North 57025' 33" East 222.21 feet to the TRUE POINT of BEGINNING. in Sprinqfield, Lane County. Oreqon. Said parcel contains 16.51 acres more or less. 3 J DRAFT DOCUMENT. .,. . Send Tax Statements to: Wiley Mt., Inc. & LeeLynn,lnc. PO Box 518 Creswell, OR 97426 DECLARATION OF PROPERTY LINE ADJUSTMENT ISUB2003-000491 This declaration of property line adjustment is the third (3 of 5) in a series oHive (5) property line adjustments recorded to relocate the boundaries between six commonly owned parcels of land. The purpose of the third property line adjustment is to move a common line shared by Tax lot 1100 of Assessor's Map 17-02-34-34 and Tax Lot 303 of Assessor's Map 18-02-03 according to the provisions of the City of Springfield land use regulations and ORS 92.190. Tax Lot 1100: LeeLynn, Inc., an Oregon Corporation and Wiley Mt., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common, are the owner of Tax Lot 1100 of Assessor's Map 17-02-34-34, further described in Exhibit "A". The deed reference for Tax Lot 1100 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001- 013944, Lane County, Oregon Deed Records. Tax Lot 303: LeeLynn, Inc., an Oregon Corporation and Wiley Mt., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common are the owner of Tax Lot 303 of Assessors Map 18-02-03. The reference to the legal description for Tax Lot 303 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001-013944, Lane County, Oregon Deed Records as adjusted by previously recorded adjustments within this series of five property line adjustments. Revised Tax Lot 1100: Following this property line adjustment, the description of Revised Tax Lot 1100 of Assessor's Map 17-02-34-34 is described on the attached Exhibit "C". The underlined portions of the Exhibit indicate the adjusted property line. 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 THEPROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY USES. The true consideration for this conveyance is $ ~. AFTER RECORDING RETURN TO: OLSON AND MORRIS, 1410 OAK ST., SUITE 200, EUGENE, OR 97401 .It DRAFT DOCUMENT. . Dated: LeeLynn, Inc., an Oregon Corporation By: Melvin McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Melvin McDougal, on behalf of LeeLynn, Inc. Notary Public For Oregon My Commission Expires Wiley Mt., Inc., an Oregon Corporation By: Norman N. McDougal STATE OF OREGON, County of Lane, ss: . This instrument was acknowledged before me this day of 2004 by Norman N. McDougal, on behalf of Wiley Mt., Inc. Notary Public For Oregon My Commission Expires Alberts Development LLC a Ltd. Liability Co. By: Todd M. Alberts, Member STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Todd M. Alberts, Member, Alberts Development LLC. Notary Public For Oregon My Commission Expires . ( DRAFT DOCUMENT . . EXHIBIT "A" Tax lot 1100 Beginning at a Point on the South boundary of the McKenzie Highway 3456 feet East of the Northwest corner of the Stephen Gager Donation Land Claim No. 45, and 550.84'feet South of the Northwest corner of said Clairn, in Township 17 South, Range 2 West of the Willamette Meridian; thence West 204.00 feet to the TRUE POINT of BEGINNING; thence continuing West 60.00 feet; thence South 660.00 feet; thence East 60.0 feet, thence North 660.00 feet to the TRUE POINT of BEGINNING, in Lane County, Oregon. EXHIBIT "B" Revised Tax lot 1100 - (Parcel 3) Beginning at the Brass Cap marking the Southwest Corner of the T. Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence North 1057' 15" East 483.01 feet; thence North 880 07' 08" West 302.54 feet; thence North 20 08' 53" East 286.21 feet; thence North 880 06' 26" West 66.00 feet; thence North 890 59' 53" West 72.85 feet; thence North 87045' 08" West 347.98 feet; thence North 00 47' 30" East 374.02 feet to a point on the Southerly right of way of McKenzie Highway; run thence along said right of way; North 880 07' 08" West 260.76 feet; thence leaving said right of way South 1038' 26" West 660.00 feet; thence North 880 07' 08" West 970.02 feet; thence South 5]0 25' 33" West 222.21 feet; thence South 610 37' 29" West 132.75 feet to the TRUE POINT of BEGINNING; run thence South 1038' 08" West 161.63 feet; thence South 580 21' 52" East 308.47 feet; thence South 610 23' 16" East 101.56 feet; thence South 420 45' 43" East 204.72 feet; thence alonq the arc of a 140.00 Foot radius curve to the left, the lonq chord of which bears South 13036' 12" West 68.54 feet; thence South 3]0 28' 08" East 99.92 feet; thence South 730 45' 17" East 136.77 feet; thence South 870 09' 32" East 547.55 feet; thence South 30 19' 06" West 72.16 feet; thence South 360 39' 24" West 771.81 feet; thence North 750 57' 32" West 370.00 feet; thence North 14002' 28" East 320.90 feet; thence along the arc of a 369.99 foot radius curve to the left, the long chord of which bea'rs North 6044' 12" East 94.09 feet; thence North 00 34' 04" West 46.04 feet; thence South 89025' 56" West 120.00 feet; thence South 720 57' 20"West 129.30 feet; thence North 490 50' 02" West 286.67 feet; thence South 400 09' 58" West 226.21 feet; thence along the arc of a 250.00 Foot radius curve to the left, the long chord of which bears North 640 19' 22" West 66.30 feet; thence South 380 32' 30" West 54.34 feet; thence South 80 52' 17" West 11.48 feet; thence along the arc of a 51.01 foot radius curve to the left, the long chord of which bears South 260 48' 51" West 31.43 feet; thence South 440 45' 25" West 66.40 feet; thence along the arc of a 86.99 foot radius curve to the right, the long chord of which bears South 260 48' 51" West 53.60 feet; thence South 80 52' 17" West 240.59 feet; thence along the arc of a 225.00 foot radius curve to the left, the long chord of which bears South 70 09' 33" East 128.34 feet; thence South 660 16' 12" West 140.00 feet; thence along the arc of a 365.00 foot . . : \,. DRAFT DOCUMENT . radius curve to the right, the long chord of which bears North 90 03' 18" West 184.94 feet; thence North 810 07' 43" West 110.14 feet; thence South 780 08' 12" West 52.37 feet; thence North 85029' 07" West 140.29 feet; thence along the arc of a 665.00 foot radius curve to the right, the long chord of which bears North 60 43' 41" East 49.74 feet; thence North 80 52' 17" East 460.75 feet; thence North 16025' 07" East 185.22 feet; thence North 420 38' 17" East 648.27 feet; thence North 610 37' 29" East 256.26 feet to the TRUE POINT of BEGINNING, in Springfield, Lane County, Oregon. Said parcel contains 28.46 acres more or less. ..:... DRAFT DOCUMENT. . Send Tax Statementsto: Wiley Mt., Inc. & LeeLynn, Inc. PO Box 518 Creswell, OR 97426 DECLARATION OF PROPERTY LINE ADJUSTMENT ISUB2003-000491 This declaration of property line adjustment is the fourth (4 of 5) in a series of five (5) property line adjustments recorded to relocate the boundaries between six commonly owned parcels of land. The purpose of the fourth property line adjustment is to move a common boundary line shared by Tax Lot 303 of Assessor's Map 18-02-03 and Tax Lot 1102 of Assessor's Map 17-02-34-34 according to the provisions of the City of Springfield land use regulations and ORS 92.190. Tax Lot 1102: LeeLynn, Inc., an Oregon Corporation and Wiley Mt., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common are the owner of Tax Lot 1102 of Assessors Map 17-02-34-34 further described in Exhibit "Au The deed reference for Tax Lot 1102 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001- 013944, Lane County, Oregon Deed Records Tax Lot 303: LeeLynn, Inc., an Oregon Corporation and Wiley Mt., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common, are the owner of Tax Lot 303 of Assessor's Map 18-02-03. The reference to the legal description for Tax Lot 303 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001-013944, Lane County, Oregon Deed Records as adjusted by previously recorded adjustments within this series of five property line adjustments. Revised Tax Lot 1102: Following this property line adjustment, the description of Revised Tax Lot 1102 of Assessor's Map 17-02-34-34 is described on the attached Exhibit "B". The underlined portions of the Exhibit indicate the adjusted property line. 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 USES. The true consideration for this conveyance is $ ~. AFTER RECORDING RETURN TO: OLSON AND MORRIS, 1410 OAK ST., SUITE 200, EUGENE, OR 97401 , DRAFT DOCUMENT- - Dated: LeeLynn, Inc" an Oregon Corporation By: Melvin McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Melvin McDougal, on behalf of LeeLynn, Inc. Notary Public For Oregon My Commission Expires Wiley MI., Inc., an Oregon Corporation By: Norman N. McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Norman N. McDougal, on behalf of Wiley MI., Inc. Notary Public For Oregon My Commission Expires Alberts Development.LLC a Ltd. Liability Co. By: Todd M. Alberts, Member STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Todd M. Alberts, Member, Alberts Development LLC. Notary Public For Oregon My Commission Expires . DRAFT DOCUMENT. . EXHIBIT "A" Tax Lot 1102 Beginning at a Point on the South boundary of the McKenzie Highway 34565 feet East of the Northwest corner of Stephen Gager Donation Land Claim No. 45, and 550.84 feet South of the Northwest corner of said Claim in Township 17 South, Range 2 West of the Willamette Meridian; thence West 204.0 feet; thence South 660.0 feet; thence East 204.0 feet; thence North 660.0 feet to the Point of Beginning, in Lane County, Oregon. EXHIBIT "B" Revised Tax Lot 1102 - (Parcel 4) Beginning at the Brass Cap marking the Southwest Corner of the T. Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence North 1057' 15" East 483.01 feet; thence North 880 07' 08" West 302.54 feet; thence North 20 08' 53" East 286.21 feet; thence North 880 06' 26" West 66.00 feet; thence North 890 59' 53" West 72.85 feet; thence North 870 45' 08" West 347.98 feet; thence North 00 47' 30" East 374.02 feet to a point on the Southerly right of way of McKenzie Highway; run thence along said right of way; North 880 07' 08" West 260.76 feet; thence leaving said right of way South 10 38' 26" West 660.00 feet; thence North 880 07' 08" West 970.02 feet; thence South 57025' 33" West 222.21 feet; thence South 610 37' 29" West 132.75 feet; thence South 1038' 08" West 161.63 feet; thence South 580 21' 52" East 308.47 feet; thence South 610 23' 16" East 101.56 feet; thence South 420 45' 43" East 204.72 feet; thence along the arc of a 140.00 Foot radius curve to the . left, the long chord of which bears South 13036' 12" West 68.54 feet; thence South 37028' 08" East 99.92 feet; thence South 73045' 17" East136.77 feet; thence South 870 09' 32" East 547.55 feet; thence South 30 19' 06" West 7216 feet to the TRUE POINT of BEGINNING; thence South 360 39' 24" West 771.81 feet; thence South 14002' 28" West 206.00 feet; thence South 750 57' 32" East 120.00 feet; thence South 14002' 28" West 281.68 feet; thence South 15035' 26" East 180.03 feet; thence South 240 53' 54" East 335.34 feet; thence South 50025' 29" East 231.87 feet; thence South 770 47' 09" East 239.06 feet; thence North 75019' 04" East 654.82 feet; thence North 220 45' 38" East 236.72 feet; thence North 370 15' 32" East 337.36 feet; thence North 37015' 32" East 342.39 feet; thence North 130 17' 28" East 195.36 feet; thence North 410 45' 21" East 174.09 feet; thence North 50 58' 51" East 75.67 feet; thence North 46038' 24" West 189.35 feet; thence North 450 35' 29" East 135.84 feet; thence alon!) the arc of a 225.00 foot radius curve to the ri!)ht. the lonq chord of which bears North 510 10' 20" West 125.34 feet; thence South 550 29' 32" West 182.62 feet; thence North 41017' 19" West 417.51 feet; thence North 560 02' 20" West 151.40 feet; thence North 860 14' 33" West 148.96 feet; thence South 690 43' 24" West 80.92 feet; thence South 7JO 57' 10" West 284.95 feet; thence South 800 04' 49" West 255.33 to the TRUE POINT of BEGINNING, in Springfield, Lane County, Oregon. Said parcel contains 60.16 acres more or less. DRAFT DOCUMENT. . Send Tax Statements to: Wiley MI., Inc. & LeeLynn, Inc. PO Box 518 Creswell, OR 97426 .......................................................................................................................................... DECLARATION OF PROPERTY LINE ADJUSTMENT ISUB2003-000491 This declaration of property line adjustment is the fifth (5 of 5) in a series of five (5) property line adjustments recorded to relocate the boundaries between six commonly owned parcels of land. The purpose of the fifth and final property line adjustment is to move a common boundary line shared by Tax Lot 303 of Assessor's Map 18-02-03 and Tax Lot 602 of Assessor's Map 17-02- 34-43 according to the provisions of the City of Springfield land use regulations and ORS 92.190. Tax Lot 602: LeeLynn, Inc., an Oregon Corporation and Wiley MI., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common are the owner of Tax Lot 602 of Assessors Map 17-02-34-43, further described in Exhibit "A". The reference to the legal description for Tax Lot 602 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001-013944, Lane County, Oregon Deed Records. Tax Lot 303: LeeLynn, Inc., an Oregon Corporation and Wiley MI., Inc., an Oregon Corporation and Alberts Development LLC, a Ltd. Liability Co., as tenants in common, are the owner of Tax lot 303 of Assessor's Map 18-02-03. The reference to the legal description for Tax lot 303 is the Statutory Warranty Deed recorded March 14, 2001 as Instrument Number 2001-013944, lane County, Oregon Deed Records as adjusted by previously recorded adjustments within this series of five property line adjustments. Revised Tax Lot 602: Following this property line adjustment, the description of the Revised Tax lot 602 of Assessor's Map 17-02-34-43 is described on the attached Exhibit "B". Revised Tax lot 303: Following this property line adjustment, the description of Revised Tax lot 303 of Assessor's Map 18-02-03 is described on the attached Exhibit "C". The underlined portions of the Exhibit indicate the adjusted property line. The true consideration for this conveyance is $ --=.Q:...... Date: AFTER RECORDING RETURN TO: OLSON AND MORRIS, 1410 OAK ST., SUITE 200, EUGENE, OR 97401 DRAFT DOCUMENT- - '. 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 USES. LeeLynn, Inc., an Oregon Corporation By: Melvin McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Melvin McDougal, on behalf of LeeLynn, Inc. Notary Public For Oregon My Commission Expires Wiley MI., Inc., an Oregon Corporation By: Norman N. McDougal STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Norman N. McDougal, on behalf of Wiley MI., Inc. Notary Public For Oregon My Commission Expires Alberts Development LLC a Ltd. Liability Co. By: Todd M. Alberts, Member STATE OF OREGON, County of Lane, ss: This instrument was acknowledged before me this day of 2004 by Todd M. Alberts, Member, Alberts Development LLC. Notary Public For Oregon My Commission Expires , DRAFT DOCUMENT. . '. EXHIBIT "A" Tax Lot 602 Beginning at the 8 x 12 inch stone marking the location of the Southeast corner of Lot 3, Section 34, Township 17 South, Range 2 West of the Willamette Meridian; thence North 174.7 feet to a point on the Southerly right of way line of the McKenzie Highway, said point being 2.3 feet South of a point marked by a cross on a stone; thence South 890 44' West 366.9 feet along said Southerly right of way line to the TRUE POINT of BEGINNING; thence South 373.80 feet; thence North 89044' East 66.0 feet; thence South 286.2 feet; thence South 89044' West 478.55 feet, more or less to a point; said point being South 660.0 feet from a point which is 550.84 feet South and 3456 feet East of the Northwest corner of the Stephen Gager Donation Land Claim No. 45; thence North 286.20 feet; thence South 89054' East 347.53 feet; thence North 1000' West 200.12 feet to a corner post set in a rock mound; thence North 10 28' West 176.12 feet to a point on the Southerly right of way line of the McKenzie Highway; said point also being the Northeast corner of Lot 1, COBBLESTONE, as platted and recorded in File 73, Slide 171, Lane County Oregon Plat Records; thence North 89044' East 80.80 feet along the said Southerly right of way line to the TRUE POINT of BEGINNING, in Lane County, Oregon. EXCEPT THEREFROM: That tract described in Deed to the City of Springfield, recorded March15, 1967, Reception No. 78346, Lane County Official Records, in Lane County, Oregon. ALSO EXCEPTING THEREFROM: Beginning at the 8x8x12 inch stone marking the Southeast corner of Lot 3, Section 34, Township 17 South, Range 2 West of the Willamette Meridian; thence North 174.7 feet to a point on the Southerly right of way line of the McKenzie Highway, said point being 2.3 feet South of a point marked by a cross on a stone; thence along the Southerly right of way line of said McKenzie Highway, South 89044' West 366.90 feet to the TRUE POINT of BEGINNING; thence South 316.11 feet; thence South 89044' West 73.85 feet to a point marking the intersection of the Northerly right of way of South A Street and the Easterly boundary of COBBLESTONE, as platted and recorded in File 73, Slide 171, Lane County Oregon Plat Records; thence along the Easterly boundary of said Plat, North 1000' West 140.12 feet to a corner post set in a rock mound; thence North 1028' West 176.12 feet to a point on the Southerly right of way of McKenzie Highway, said point being the Initial Point of said COBBLESTONE; thence along the Southerly right of way line of the McKenzie Highway, North 89044' East 80.80 feet to the Point of Beginning, in Lane County, Oregon. EXHIBIT "B" Revised Tax Lot 602 - (Parcel 5) Beginning at the Brass Cap marking the Southwest Corner of the T. Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence North 1057' 15" East 483.01 feet; thence North 880 07' 08" West 302.54 feet to the TRUE POINT of BEGINNING; run thence North 20 08' 53" East 286.21 feet; thence North 880 06' 26" West 66.00 feet; thence North 890 59' 53" West 72.85 feet; thence North 8]0 45' 08" West 347.98 feet; thence North 00 47' 30" East 374.02 feet to a point on the Southerly right of way of McKenzie DRAFT DOCUMENT. . , Highway; run thence along said right of way; North 880 07' 08" West 260.76 feet; thence leaving said right of way South 1038' 26" West 660.00 feet; thence North 880 07' 08" West 970.02 feet; thence South 570 25' 33" West 222.21 feet; thence South 610 37' 29" West 132.75 feet; thence South 1038' 08" West 161.63 feet; thence South 58021' 52" East 308.47 feet; thence South 610 23' 16" East 101.56 feet; thence South 420 45' 43" East 204.72 feet; thence along the arc of a 140.00 foot radius curve to the left, the long chord of which bears South 13036' 12" West 68.54 feet; thence South 370 28' 08" East 99.97 feet; thence South 730 45' 17" East 136.77 feet; thence North 17024' 27" East 189.27 feet; thence North 560 32' 00" East 176.59 feet; thence North 6]0 42' 52" East 175.03 feet; thence North 640 42' 01" East 105.13 feet; thence North 710 09' 08" East 43.10 feet; thence South 38044' 40" East 138.76 feet; thence South 6]0 09' 44" East 78.23 feet; thence South 86040' 54" East 235.61 feet; thence North 14004' 12" East 214.76 feet; thence North 1038' 01" East 33.53 feet; thence North 840 18' 16" East 101.71 feet; thence North 1038' 01" East 223.63 feet; thence along the arc of a 20.00 foot radius curve to the right; the long chord of which bears North 860 14' 52" East 24.49 feet; thence South 550 59' 27" East 10.48 feet; thence North 340 00' 32" East 60.00 feet; thence North 550 59' 27" West 10.48 feet; thence along the arc of a 20.00 foot radius curve to the right, the long chord of which bears North 180 13' 47" West 24.49 feet; thence along the arc of a 180.00 foot radius curve to the left, the long chord of which bears North 11039' 02" East 49.36 feet; thence South 86005' 48" East 105.66 feet; thence South 1057' 15" West 110.92 feet; thence South 880 07' 08" East 26.00 feet; thence North 1057' 15" East 110.00 feet; thence South 860 11' 43" East 113.02 feet to the TRUE POINT of BEGINNING, in Springfield, Lane County, Oregon. Said parcel contains 29.62 acres, more or less. EXHIBIT "en Revised Tax Lot 303- (Parcel 6) Beginning at the Brass Cap marking the Southwest Corner of the T. Maynard Donation Land Claim No. 44, Township 17 South, Range 2 West of the Willamette Meridian; run thence South 890 11' 45" East 381.00 feet; thence South 1043' 43" West 322.66 feet; thence South 880 11' 45" East 385.82 feet to a point on the boundary of EASTHAVEN SUBDIVISION, as platted and recorded in File 75, Slide 192, Lane County Oregon Plat Records; run thence along said boundary South 10 48' 15': West 212.20 feet; thence South 260 39' 33" East 139.62 feet; thence South 1056' 38" West 135.43 feet; thence South 60 22' 13" West 64.77 feet; thence South 20 02' 43" West 150.07 feet; thence North 880 11' 45" West 99.22 feet; thence South 14040' 05" West 115.77 feet; thence South 10 43' 43" West 360.53 feet; thence South 680 40' 48" East 100.41 feet; thence South 610 47' 36" East 117.80 feet; thence South 570 59' 24" East 144.93 feet; thence leaving said Plat boundary South 790 42' 24" East 30.13 feet; thence South 10 43' 43" West 982.36 feet; thence North 790 44' 26" West 202.24 feet; thence South 30043' 43" West 108.51 feet; thence along the arc of a 45.00 foot radius curve to the right, the long chord of which bears South 12054' 46" West 47.79 feet; thence South 450 00' 58" East 84.96 feet; thence South 1043' 43" West 130.00 feet; thence South 6]0 42' 56" East 213.60 feet; thence South 1043' 43" West 462.56 feet; thence North 87044' 49" West 973.06 feet; thence North 220 16' 34" East 923.00 feet; thence North 300 46' 57" West 92.67 feet; thence North 250 19' 10" West 96.02 feet; thence North 110 10' 22" West 131.49 feet; thence North 730 44' 26" East DRAFT DOCUMENT- . , 54.57 feet; thence South 320 30' 48" East 121.36 feet; thence along the arc of a 46.00 foot radius curve to the right, the long chord of which bears North 41001' 32" East 13.55 feet; thence North 320 30' 48" West 226.16 feet; thence North 700 10' 22" East 99.84 feet; thence North 47" 26' 51" West 44.47 feet; thence North 370 15' 32" East 109.21 feet; thence North 220 44' 11" West 90.47 feet; thence North 500 31' 56" West 154.11 feet; thence North 420 50' 03" East 66.07 feet; thence North 380 52' 01" West 108.94 feet; thence along the arc of a 275.00 foot radius curve to the left, the long chord of which bears South 450 31' 05" West 31.51 feet; thence North 470 39' 57" West 248.05 feet; thence North 370 15' 32" East 342.39 feet; thence North 130 11' 28" East 195.36 feet; thence North 410 45' 21" East 174.09 feet; thence North 50 58' 51" East 75.67 feet; thence North 460 38' 24" West 189.35 feet; thence North 450 35' 29" East 135.84 feet; thence along the arc of a 225.00 foot radius curve to the right, the long chord of which bears North 510 10' 20" West 125.34 feet; thence South 55029' 32" West 182.62 feet; thence North 41011' 19" West 417.51 feet; thence North 560 02' 20" West 151.40 feet; thence North 860 14' 34" West 148.92 feet; thence South 690 43' 24" West 80.92 feet; thence South 770 51' 10" West 284.96 feet; thence South 800 04' 49" West 255.33 feet; thence North'30 19' 06" East 72.16 feet; thence North 870 09' 32': West 547.55 feet; thence North 17024' 27" East 189.27 feet; thence North 560 32' 00" East 176.59 feet; thence North 670 42' 52" East 175.03 feet; thence North 640 42' 01" East 1 05.13 feet; thence North 710 09' 08" East 43.10 feet; thence South 38044' 40" East 138.76 feet; thence South 67" 09' 44" East 78.73 feet; thence South 860 40' 54" East 235.61 feet; thence North 14004' 12" East 214.76 feet; thence North 10 38' 01" East 33.53 feet; thence North 840 18' 16" East 101.71 feet; thence North 1038' 01" East 223.63 feet; thence along the arc of a 20.00 foot radius curve to the right. the long chord of which bears North 860 14' 52" East 24.49 feet; thence South 550 59' 27" East 10.48 feet; thence North 340 00' 33" East 60.00 feet; thence North 550 59' 27" West 10.48 feet; thence along the arc of a 20.00 foot radius curve to the right. the long chord of which bears North 180 13' 47" West 24.49 feet; thence along the arc of a 180.00 foot radius curve to the left. the long chord of which bears North 11039' 02" East 49.36 feet; thence South 860 05' 48" East 105.66 feet; thence South 1051' 15" West 110.92 feet; thence South 880 01' 08" East 26.00 feet; thence North 10 51' 15" East 110.00 feet; thence South 860 11' 43" East 113.02 feet; thence South 880 01' 08" East 302.54 feet; thence South 1051' 15" West 483.01 feet to the Place of Beginning, in Lane County, Oregon. Said parcel contains 72.32 acres more or less.