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2009-3-Minutes for Meeting June 22,2006 Recorded 1/2/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 2009'3 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 115110111 111 Elm 01/02/2009 08;26;36 AM 2009-3 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244- Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page G 0 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF PUBLIC HEARING DESCHUTES COUNTY BOARD OF COMMISSIONERS THURSDAY, JUNE 229 2006 Commissioners' Hearing Room - Administration Building -1300 NW Wall St.., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno. Also present were Laurie Craghead, Legal Counsel; Kevin Harrison, Community Development; and four other citizens. The purpose of the meeting was to hold a de novo hearing concerning an appeal of the Hearings Officer's decision regarding a lot of record verification; file numbers A-05-14 and LR-05-56, Applicant: Waldron. Chair Luke opened the meeting at 1:35 p.m. Kevin Harrison read the opening statement. (A copy is attached as Exhibit A) Regarding bias, personal interest or ex parte contacts, the Commissioners indicated the only discussion has been during a work session with staff. In regard to challenges, Paul Speck, attorney for the applicant, said he was not aware of the fact that there was a work session. He received notification on June 19, the day after the work session was held, and he was not available that day anyway. He wanted to know what was discussed at the work session. Commissioner Luke asked if Mr. Speck is asking the Board to step down because of bias. Mr. Speck replied, if it was ex parte contact. Commissioner Luke said that it was only with staff. Mr. Speck stated that the County is substituting itself as a party, and on an appeal, County ordinance allows the County to bring something up for review. Laurie Craghead said that Code does provide for the Board to call up a case for review. However, case law and statute say that contact with staff is not ex parte. Public Hearing regarding Waldron Lot of Record Verification Page 1 of 4 Pages Thursday, June 22, 2006 This does not make the County a party; it would be called up for review by the hearings body. Commissioner Luke stated that the Board meets with staff and counsel to try to figure out issues. This is more than a lot of record issue; it is the Hearings Officer's decision, whether there is a difference between an order and an ordinance in this case. Staff explained that the applicant already has a residence on one of the parcels and wants to do the same with the other. The Board was trying to get clear on the situation, as to what arguments they might expect to hear, and so on. They also discussed the timeline. Ms. Craghead added that not much was discussed regarding the order and ordinance issue, just that the Hearings Officer made findings on this point. It was noticed as a public meeting, on the website and otherwise, and it is not required that a personal notice be sent out. Mr. Speck indicated that he will not challenge this. Mr. Harrison then went over the staff report and the fact that Hearings Officer found no legal differences between the adoption of the zoning map by order and not ordinance. The history of the parcel goes back to the early 1970's. The documents were stamped "approved" in 1972 but were not recorded until 1979. Ms. Craghead said that discussion took place regarding some tax maps and other hand-drawn maps that have a Planning Department stamp saying "approved", but no one seems to know what those approvals were for. One is a tax map of an entire subdivision, which shows lots split. At that time they didn't go through process. She pointed out the property on an oversized map, and indicated the adjacent parcels are an unrecorded subdivision. At this time a discussion took place regarding how big the lots are and when these documents were developed. Chair Luke opened the meeting for testimony at this time. Paul Speck stated that it is known that some kind of approval was required or the documents would not have been stamped. It could have been for building on one of the parcels. The property lines were drawn on the documents, so it can be assumed that staff knew what it was. A well agreement was also approved on the same date. Public Hearing regarding Waldron Lot of Record Verification Page 2 of 4 Pages Thursday, June 22, 2006 He said the first red flag was that this was not filed with the Clerk, and that it was approved in the early 1970's but not recorded until 1979. He stated that he doesn't think at the time there was a big difference between an order and ordinance, but he believes it required an ordinance. Counsel and the Hearings Officer say it did not. However, the language of PL 3 uses the word ordinance. It makes sense that you amend an ordinance with an ordinance. This was not done. Therefore, the map was illegal because the map wasn't valid. The Hearings Officer did not agree, although she did say that there is a problem. The real problem was the notice to the public. The same person owned the property for thirty years, all the time believing that he had two separate, legal lots. They feel it should be approved because it is a legal lot of record and conformed to law at the time; or because the County approved a de facto partition on April 11, 1974. Linda Jabson and Elroy Waldron came before the Board. Mr. Waldron said that he bought the property from Larry Marsh. He said he builds bridges and does not deal much with land, but that Mr. Marsh didn't even buy the two parcels at the same time. Mr. Marsh was going to build and retire on the second property. The well is dead center on the property, and there is a water agreement for both properties. Linda Jabson added that the well is on a separate tax lot. She said that you can create a deed that doesn't mean anything. Commissioner Luke said that he understands there might have been agreements and people could assume that there were two lots there. Without following through on the paperwork, it was not legally created, which is the problem. He said he would like to see a copy of the title report, and wants the record to remain open for a week. Ms. Craghead clarified the record would be left open for seven days; Mr. Speck said he did not need time left open for rebuttal. Commissioner Luke stated that what he believes is wanted from the Commissioners is whether an order and ordinance were the same in this particular timeframe, and whether the two lots are legal lots of record or just one. Ms. Craghead added that they also need to decide whether the ZM 72 zone is the same as ZM 1 lot at the time. It was not official because it was not recorded in the Clerk's Office, although it was a public record and was signed in 1972 by the Commissioners. Commissioner Daly noted that a decision on a map could have far-reaching consequences if it is not considered legal because it wasn't in the Clerk's Office. Public Hearing regarding Waldron Lot of Record Verification Page 3 of 4 Pages Thursday, June 22, 2006 No other testimony was offered. The record was left open until June 29, 2006 at 5:00 p.m. Commissioner Luke noted that no rebuttal time was requested. Ms. Craghead said that the record will be open for seven days unless other information comes in, which would automatically allow another seven days for rebuttal. Staff will advise Mr. Speck if that happens. If there is rebuttal, the record would be left open until July 6, 2006 at 5:00 p.m. Being no further discussion, the meeting adjourned at 2:55 p.m. DATED this 22°d Day of June 2006 for the Deschutes County Board of Commissioners. DE IS R. LUKE, Chair - a nom ATTEST: Recording Secretary Attachments Exhibit A: Sign-in Sheet Exhibit B: Preliminary Statement Exhibit C: Questions for Board Public Hearing regarding Waldron Lot of Record Verification Page 4 of 4 Pages Thursday, June 22, 2006 BEV CLARNO, Commissioner N F- O H t N C C 65 N V V ca E d 1 r G1 D UL ~IA , : 6 a Q r_ CD *k y C U) O t a a) N U N L a ~ v p M p ~ v ..J izN a C U) U) cu O a z ~ 2 z U 0 U N Q' N O \/`i PRELIMINARY STATEMENT FOR A QUASI-JUDICIAL PUBLIC HEARING BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 1. INTRODUCTION C)1 at )&C0 o~ A. This is a de novo hearing on a p ide annina C~OgI Anrir~jlfir~l I.~.,.I.• v_~ r 'ace Mining to Rural Re ' qe from prQl2 Dated nor*h of l3end. Th County File Numbers are PAWNIR .4 u~ S . I thos pplicatio , the applicant eq sted an exc to Goal 3,. a n e dme to th Compr ensive a zone c m u e Min to MUA-1 e. ) I>> I p ~p C. These applications were previously co dered by the Hearings Officer after a public hearing was held on ehruapi 1, Evidence and testimony were received at that hearing. The Hearings Officer r an ~urFa Mining to Rural Residential-.EExseptien-Agzea ace Minin to MUA-10. irQv~(st -S 6 h1n 4n ( 7i~rvV< 0~ c~ II. BURDEN OF PROOF AND APPLICABLE CRITERIA A. The applicants have the burden of proving that they are entitled to the proposal sought. B. The standards applicable to the application before us are listed on pages 1-3 of the Hearings Officer's decision dated May 3, 2005 and are listed on the wall. C. Testimony and evidence at this hearing must be directed toward the criteria, as well as toward any other criteria in the comprehensive land use plan of the County or land use regulations which any person believes apply to this decision. Page 1 of 4-Chair's Opening Statement for Land Use Hearings File: PA-04-4/ZC-04-2 Date of Hearing: 07/13/05 D. Failure on the part of any person to raise an issue with sufficient specificity to afford the Board of County Commissioners and parties to this proceeding an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue. Additionally, failure of the applicant to raise constitutional or other issues relating to the approval with sufficient specificity to allow the Board to respond to the issue precludes an action for damages in circuit court. Ill. HEARINGS PROCEDURE A. Evidence to be reviewed by the Board. The Board's decision on this application will be based upon the record before the Hearings Officer, the Hearings Officer's decision, the Staff Report and the testimony and evidence presented at this hearing. IV. ORDER OF PRESENTATION A. The hearing will be conducted in the following order. 1. The staff will give a report. 2. The applicant will then have an opportunity to offer testimony and evidence. 3. Proponents of the proposal then the opponents will then be given a chance to testify and present evidence. 4. The applicants will then be allowed to present rebuttal testimony but may not present new evidence. 5. At the Board's discretion, if the applicants presented new evidence on rebuttal, opponents may be recognized for a rebuttal presentation. 6. At the conclusion of this hearing, the staff will be afforded an opportunity to make any closing comments. Page 2 of 4-Chair's Opening Statement for Land Use Hearings File: PA-04-4/ZC-04-2 Date of Hearing: 07/13/05 7. The Board may limit the time period for presentations. B. If anyone wishes to ask a question of a witness, the person may direct the question to the Chair during that person's testimony, or, if the person has already testified, after all other witnesses have testified but before the Applicant's rebuttal. The Chair is free to decide whether or not to ask such questions of the witness. C. Continuances The grant of a continuance or record extension shall be at the discretion of the Board. a. If the Board grants a continuance, it shall continue the public hearing to a date certain at least seven days from the date of this hearing. b. If, at the conclusion of the hearing, the Board leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days for submittal of new written evidence or testimony and at least seven additional days for response to the evidence received while the record was held open. Written evidence or testimony submitted during the period the record is held open shall be limited to evidence or testimony that rebuts previously submitted evidence or testimony. 4. If the hearing is continued or the record left open, the applicant shall also be allowed at least seven days after the record is closed to all other parties to submit final written arguments but no new evidence in support of the application. V. PRE-HEARING CONTACTS, BIASES, CONFLICTS OF INTERESTS A. Do any of the Commissioners have any ex-parte contacts, prior hearing observations; biases; or conflicts of interest to declare? If so, please state the nature and extent of those. Page 3 of 4-Chair's Opening Statement for Land Use Hearings File: PA-04-4/ZC-04-2 Date of Hearing: 07/13/05 0. Does any party wish to challenge any C®mmissioner based on ex-parte contacts, biases or conflicts of interest? (Hearing no challenges, I shall proceed.) STAFF REPORT fa tjA A~- QY. Q rdl n A 11 tq ~Pt Ui Y1 C C` ; S -tom ~M ~-t did YI,p l y , ~ &,D UI {I ieq m4T AVetovi . eL- r,- f6tof " \1u d rYV14 ~Uyh,, is Sol Ai ,~yqn~ ~w n~ l t~ fir - ~y V lr~v i r r~1 cU1n C~~ x 1 i- ~3 61 ar (ioWn 1~ 1 ~ r: Liiw~ s► 0411'( -f - 0rj _ SAS 106 030 W) >1ofi~ Ur\AA e l.J, oel~ 9 0 at -7 Page 4 of 4-Chair's Opening Statement for Land Use Hearings File: PA-04-4/ZC-04-2 Date of Hearing: 07/13/05 Aff QUESTIONS TO BE ANSWERED BY BOARD 1. Was PL-5 properly adopted in 1972 and effective in 1974?! 2. Were zoning maps properly adopted by order rather than Ordinance? 3. Was the Zoning Map 1 effective at the time applicants purchased their property? 4. Can application be approved? ~~ces c o Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org) AGENDA REQUEST AND STAFF REPORT DEADLINE: The following items must be submitted to the Board's secretary no later than noon of the Thursday prior to the Board meeting. This agenda request form Your staff report Any relevant backup information Maps of the subject property and general area, if appropriate The original documents to be approved The Board's secretary will route your original documents to Legal Counsel for approval if necessary. Please do not give your documents directly to Legal Counsel. All boxes must he completed. De artment/Division: Person Submitting Request: Contact Phone CDD Kevin Harrison x1401 Date Submitted: Person to Attend Meeting: Date of Meeting: F/-19/06 Kevin Harrison 7/31/06 Description of Item (as it should appear on the agenda), and Action Requested: Final decision on Lot of Record Verification (A-05-14), (File No. LR-05-56), Elroy & Rena Waldron, Applicants Background Information (please attach--additional pages as appropriate): Applicants appealed an adminstrative (staff) denial -0-f-the lot of record verification. The Hearing's Officer reversed the staff denial, approving the lot of record verification, calling into question the effective date of PL-5, the 1972 county zoning ordinance. The Board called up the Hearing Officer's decision via Order No. 2006-078 to review the Hearing Officer's decision. Implications: Policy Implications: E Distribution of-Documents after Approval: CDD, Legal Counsel Rev. 7-04 J-r Es ~ Community Development Department 0 Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http://www.co.deschutes.or.us/ cdd/ June 30, 2006 MEMORANDUM TO: Board of County Commissioners FROM: Kevin Harrison, Principal Planner Kathleen Stockton, Assistant Planner RE: Appeal A-05-14 (LR-05-56) Elroy Waldron, Appellant As requested, please find attached, a copy of the title report as well as chain of title documents submitted by Paul J. Speck, Attorney for Elroy Waldron. At the public hearing of June 22, 2006, Commissoner Luke requested submittal of these documents in order to finalize a decision on this matter. The record was left open until 5:00 p.m., June 29, 2006 if no rebuttal was to be submitted by staff. Because staff wishes to proceed without rebuttal, please advise as to when the matter should be scheduled before the Board for action. cc: Laurie Craghead Paul J. Speck Elroy Waldron Quality Services Performed with Pride THE LAW OFFICE OF PAUL J. SPECK June 26, 2006 Kathleen Stockton, Assistant Planner Deschutes County Community Development Dept. 117 NW Lafayette Avenue Bend, OR 97701 Re: Appeal A-05-14 (LR-05-56) Dear Kathleen: Pursuant to the request of Commissioner Luke I have enclosed the title report for Waldron's purchase of the property from Marsh. I have also attached chain of title documents for tax lots 3800, 3900, 4000, 4100, 4200, 4300 and 4400. The commissioners can thus look at these documents and see when they were created or divided. Of particular interest is the fact that all of these lots are fairly uniform in size. I will be out of the office until June 30t''. If you have any questions or desire any clarification, please contact my legal assistant, Jeanne, in my absence. Please make sure these documents are made part of the record pursuant to order of the commissioners. Thank you. Sincerely yours, PAUL J. SPECK PJS:gjb 1 cc: Elroy Waldron StocktonLtr2.wpd JUN 2 7 2000 1123 NTV Bond Stcet, Bcnd, Oreoon 9 70 1 p: 541/38S-1107 J. 54 1 388-73 7 0 youroreoo~ilnw~~rr.corn pspeck(r,~yoin-o)-e~onlaw>>er.roni AP.15tticap Title Insur ice Company of Oregon POLICY OF TITLE INSURANCE POLICY No. 73106- 3 8 8 6 9 CHICAGO TITLE INSURANCE COMPANY OF OREGON SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY OF OREGON, an Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. RECEIVED, BY: JUN 2.9 2006 DELIVERED Y. -X e~ f Issued by' AMER 1`I TLE 15 OREGON AVENUE P.0, BOX 752 BEND, OR 97707-0752 (541) 389-71-711 Signature CHICAGO TITLE INSURANCE COMPANY OF OREGON BY: mp,~, Z- Pmk1W Z .ce co ' :a g 6 G4RPCRA O Ile- ATTEST Suretary Reorder Form No. 9452 (Reprinted 02/01) ALTA Owner's Policy (10-17-92) EXCLUSIONS FROM COVERAGE The'following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees of expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict- ing, regulating, prohibiting or relating to (f) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (if) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and im- provements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area describ- ed or referred to in Schedule A, nor any right, title, interest, estate or ease- ment in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or in- terest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rr d as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or mat- ters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and pros- ecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Com- pany may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Com- pany may pursue any litigation to final determination by a court of compe- tent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to pros- ecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Com- pany to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, secur- ing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Com- pany's obligations to the insured under the policy shall terminate, including any Itabllity or obligation to ri-fend, prosecute, or continue any litigation, with regard to the matter c tters requiring such cooperation. CONDITIONS AND STIPULATIONS - (Continued and Concluded on Last Page of this OWNERS POLICY SCHEDULE A Order No.: 073129-DD/kw Policy No.: 73106-38869 Amount of Insurance: $250,000.00 Premium: $825.00 Date of Policy: FEBRUARY 1, 2005 AT 10:28 A.M. 1. Name of Insured: ELROY WALDRON and RENA WALDRON 2. The estate or interest in the land described or referred to in Schedule C and which is covered by this policy is: A FEE 3. Title to the estate or interest in the land referred to herein is at Date vested in: ELROY WALDRON and RENA WALDRON, as tenants by the entirety 4. The land referred to in this Policy is described on the attached Schedule "C" and made a part hereof. Page No. 2 Order No. 073129 Policy No. 73106-38869 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Easements, liens, encumbrances, interests or claims thereof which are not shown by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. (a) Unpatented mining claims; (b) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Water rights, claims or title to water whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 5. Any lien or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law not shown by the public records. 6. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of Swalley Irrigation District. 7. Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein As granted to: Michael E. Lutz and Carol L. Lutz Recorded: April 12, 1974 Book-Page: 205-146, Deed Records 8. Water Use Agreement including the terms and provisions. thereof, between Ervin H. Steigman and Doris C. Steigman, husband and wife, and Michael E. Lutz and Carol L. Lutz, husband and wife, recorded April 12, 1974, in Book Volume 205, Page 148, Deed Records. 9. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $31,400.00 Dated: January 25, 1978 Recorded.: February 2, 1978 Book-Page: 238-691, Mortgage Records Grantor: Gary E. Marsh and Sherrie L. Marsh, husband and wife Trustee: Deschutes County Title Company Beneficiary: Equitable Savings and Loan Association, an Oregon corporation (Affects Parcels 1 and 2) 10. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $33,000.00 Dated: August 7, 2000 Recorded: August 21, 2000 Volume-Page: 2000-33312, Deschutes County Records Grantor: Gary E. Marsh Trustee: Western Title Beneficiary: GB Home Equity (Said Deed of Trust is a Line of Credit Deed of Trust) (Affects Parcels 1 and 2) Page No. 3 Order No. 073129 Policy No. 73106-38869 The beneficial interest under said Deed of Trust was assigned of record by instrument Dated: April 21, 2002 Recorded: August 5, 2002 Volume-Page: 2002-42071, Deschutes County Records Assigned to: M&I Bank FSB 11. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $225,000.00 Dated: January 28, 2005 Recorded: February 1, 2005 Volume-Page: 2005-06275, Deschutes County Records Grantor: Elroy Waldron and Rena Waldron Trustee: AmeriTitle, an Oregon Corporation Beneficiary: Gary E. Marsh and Sherrie L. Marsh, Husband and Wife, or the survivor thereof END OF SCHEDULE B Page No. 4 Order No. 073129 Policy No. 73106-38869 SCHEDULE "C" The land referred to in the Policy is described as follows: PARCEL 1: A tract of land located in the North Half (N112) of Section Eight (8), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon more particularly described as follows: Commencing at the North one quarter corner of said Section 8; thence South 1055' East a distance of 1332.97 feet; thence South.a distance of 192.41 feet to the point of beginning for this description; thence South 53000' West a distance of 190.21 feet; thence South a distance of 38.97 feet; thence East a distance of 465.00 feet to the West line of a tract of land conveyed to Robert H. and Caroline A. Fowls in the deed recorded in Volume 181, Page 181, Deschutes County Deed Records; thence North along said West line a distance of 153.44 feet; thence West a distance of 313.09 feet to the point of beginning; EXCEPT the North Half (NI/2) of Parcel 2 described below: PARCEL 2: An undivided one-half of a tract of land twelve feet square, the center point of which is described as follows: Beginning at the Southeast corner of Parcel 1 described above; thence Westerly along the Southerly line of Parcel 1 described above; a distance of 209.00 feet to the center point. PARCEL 3: A tract of land located in the North Half (N1/2) of Section Eight (B), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon more particularly described as follows: Commencing at the North one quarter corner of said Section B; thence South 1055' East a distance of 1332.97 feet; thence South a distance of 192.41; thence South 53000' West a distance of 190.21 feet; thence South a distance of 38.97 feet to the point of beginning for this description; thence East a distance of 465.00 feet to the West line of a tract of land conveyed to Robert H. and Caroline A. Fowls in the deed recorded in Volume 181, Page 181, Deschutes County Deed Records; thence South along said West line a distance of 153.44 feet to the North line of Block 3, "Scenic Country Estates", a subdivision recorded in Deschutes County Plat records; thence West along said North line a distance of 465.00 feet; thence North a distance of 153.44 feet to the point of beginning, except the South Half (S1/2) of Parcel 4 described below. PARCEL 4: An undivided one-half of a tract of land twelve feet (12) square, the center point of which is described as follows: Beginning at the Southeast corner of Parcel 3 described above; thence Westerly along the Southerly line of Parcel 3 described above a distance of 209.00 feet to the center point. > N I S18551 708.50 N ROY N 1/4 COR 301,89 COMPLIMENTS OF 4600 716.57 ArrleriTitle - 506.55 ( TMs sketch is furnished n 2000 for information purposes = 5.24 AC g only to assist In property location with reference to ° streets and other parcels. 420 Y8 No representation Is f _ made as to accuracy and the Company assumes no 00 lability for any loss N occurring by reason ( S10551 1118.50 a liance thereon f I FROM N 1/4 COR 559 64 671.M . re o . I 4500 2200 m ~ N H n r' h O Q W L" C14 Cn - 1 638, SI9551E 1332.97. 635.: S 192.41 FROM N 1/4 CM 590, 47 313.09 277.41 V 2300 ti 300 o 4400 Z W - g1 I b V $ 1.77 AC U p ~ P1 2501 .00 a 203.00 ~ N 4200 I 6 cP o ~ 113 ~9 465.00 - 5' 165,00 1 150,00 150.00 T177 7T g4. 4 4 5 4100 4000 2 3900 3 3800 ~s 2400 44 93 m n w N%5.95 \ °1 312.00 ao N C n 3 N _ ~ N ` 1e j g 2500 ~ r+. ~ ~ J Ap. e d 1 ~ e lti J v ~ 166.7 8 014?, 7 1 O~~ O1 0 N 312.00 151 TA IN k 75 bl 2600 ° ,8 1 83.88 V I ,p 3700 g A9 293,13 4 $ - ° , 3400 7.46 116.E 278.67 3300 5 3500 S 3600 N \ \ , g 2700 1 2 C , $ r JJ $5 - 215.90 290.00 320 00 245.00 272.28 AL 200 00 217 22 3200 . 9 3100 8 , t5 3000 p g ' . m $ s ~8 + a 2800 2900 sf 7 O M1 N 0 0 8 . ,~k 55.33 r 39 J 3 $ Q 3? a . 13 f136 21 " .84 MEA 140.20 ~ - - p 206.30 D W LANE $ 654.04 4707533 CONTINUED AND STIPULATIONS - (Continued and Concluded From Reverse Side ) (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breacFi of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the in- sured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is. made or, at the option of the insured, the Rules in effect at Date of Policy : ~iall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the Presi- dent, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: Chicago Title Insurance Company of Oregon Claims Department P.O. Box 218 Portland, Oregon 97207 CONDITIONS AND STIPULATIONS - ( Continued from Reverse Side of Policy Face ) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Con- ditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, in- cluding any liability or obligation to defend, prosecute, or continue any litiga- tion, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured'claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any autho- rized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, cor- respondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as con- fidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the in- sured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment re- quired, shall terminate, including any liabilittyy or obligation to defend, pros- ecute, or continue any litigation, and the poficy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in p r gr phs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount ex- pended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 6. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the com- pletion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compe- tent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or in- terest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If re- quested by the Company, the insured claimant shall transfer to the Com- pany all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claim- ant and to use the name of the insured claimant in any transaction or litiga- tion involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrDgated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. at oIclock.=M..Ry . y: ( 14 STATE OF OREGON In Cong4beratlon of - - - - Ten and no/100 ($10.00) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MoUarss, Paid to the State Land Board or its predecessor the World War Veterans' State Aid Contntission, the STATE OF OREGON hereby does grant, bargain, sell and convey unto - - - - - - - - Gladys P. Tubbs the follotvirlg described lands situate in - - - -Deschutes - - - - County, Oregon, to-wit: The West One-half (WD of the Northeast One-quarter (NEE), the East One-half (EJ) of the Northwest One- quarter (NWt), and the Northwest One-quarter of Northwest One-quarter (NWt,NW}), ail in Section Eight (8), Township Seventeen (17) South, Range Twelve (12), E. W. X.J. Deschutes County, Oregon, excepting therefrom the right-of-way of the Old Bend- Sisters Highway, the Old Bend-Redmond Highway, and the U. S. Highway 20, and subject to access restrictions and reservations along the right-of-way boundaries of U. S. Highway number 20 as contained in that certain deed to the State of Oregon, recorded June 18, 1951, in book 97, Page 511, of Deschutes County Deed Records; and together with One Hundred Acres of appurtenant water rights in the Deschutes Reclamation and Irrigation Company, Subject, however, to surh r•ighls of way for ditcher, canals and reservoirfilet for;rrigation purposes as tray have been reserved by the United States or otherwise. TO 14AVE AND TO HOLD said real property, unto said - - - - - - - - - - - - - - - Gladys P. Tubbs - - - - - - her - - - heirs and assigns, forever. WITNESS the ;e,d of the Slate land Buard, affixed this 3rd d47of November, 1965 STATE LAND BOARD, By 4ovtrnw Attest: 0 ' C7.I • aJ the 51 ate 1.anJ Hord State Record) of Deeds, Book ...5k......, Page Mg ISee Clupter 115, Orelmn IJWL 1943, for transfer of powers and dutles of Wald War VrItmna' State Aid Commission 10 State land l)eerd.) rose P.O. W-faa.N,V me p 1 XhOW ALI. MEN or TMESd pitmEmn, nw...P!ldys•,!!,. Tnbt rp..,8. single woman , htrelndter called the grantor, in oon.idsratron of "Ten Yhoveaesd t nOjjQQ~ s------ Dolfars, to drentor paid by . Rveeell B. an hrrelndfor called the granter, does hereby grant. bargain, sell and coney unto the sold grantee and grantee's heirs, anoassnon and ass sidns. that certain reel property, with the to vomits, horoditamsnts and appurtensn noes thereunto belongini or appertaining, situated in the County of....... P1109IM1.l1 .........................and State of Oregon, described as follows, to-wlt: Lot Four (4), Block Three (3) of SCENZC COUNTRY RSTATRS, accc:rding to the official plat thereof on file In the office of the County Clerk of said County and State, AM ALSO the following described tract of land lying in Section S, Township 17 8., R. 12 R.W.Mt Beginning at a point which is S to SS' R. 1932.97 feet and S 192.41 feet from the.North 1/4 corner of said Section 6; thence S. Sao 00' W 190.21 feet; thence S. 192.41 feet; thence R. 800 fast; thence Me 270 ldn W. 74.31 feet; thence N. So 34' W. 241.80 feet; thance We 590.47 feet to,tbe point of beginning, Together with four acres of watrs with Swalley Irrigation District. f I To Have end to Hold the above described and /rented premises unto the said grantee and grantee's heirs, succewx•s and assigts fc vw. And said grantor hereby covenents to and. With said grantee and grantee's heirs, successors And as- sign, that grantor Is lanhdly seised in lee abttdab.df do abors granted promisee, free !roar all encumbrances ...IA.Q.OXA...1RE...V19.1bla...upon the....P.4.#14e!lq .t.................. . and that grantor will warrant and torerer chfetd do chore granted pnefh and fray part and parwl thersof against the law- ful claims and demands of all persons WAomsosrer. " In oonstndnd tine deed end where Ma contssf so rgtdrve, the singular includes the plural. WITNESS grantor's hard and esd this......... .cloy d.............Jtods`9...... 19.67 ' v 'ST.AST'E OF OREGON, County of..._DtsCltOte~._........ )ai. ...Jna* 5............. , 1967 rasondiy appeared ow abews named .....Sirf IA4",..Pa.Mubbila...Jh_.E~JH -woman... . t: aMd acJk~sw►ldgod the foregoing irrtrumsad to be.. PM r cry decd. l s Notary Ptsbflc for Ong /(o (drniCrAtr't3rAL) Jlfy cooruniadon expires.,...... . WARRANTY DEED . 8127 teaser on vas as sseesiMe Lam 1M sew. i; T" WNW it APM MCCOnnntN ae7VaN • O ~•t d BQ lQ ABSTRACT Ce~ ~lNY G I! 10!10 Ofw ~ oEAleDpNORlre~t►aa~; ' : ~ STATE OF OR~IE,GON, C=WY r.•.~...... w I artily that de widtin rra ru- m.nrt was fat raced on tee °~dq of....... 102.., and rumdod in baok..... .Aat:',1.......at psdr+..sz....... Reogtd of Verde of MU Camtr. Irons sw bard end seal of Cbunfy affixed. e4+f:A a.L 7.'-_.. t;vv:t.. hey, a. N?-•t~9.XYIT L'..7. _ jk 1.. • e~~•~M.M.a>i1~6~. M1.,.._.. 153 530 KNOW ALL MRN ay rH83i P1tsunra, stet.RIL#It~i~..,q....~5lhataR..-tf_9.irrtle man V. . w . t larelnndtar ailed do grantor. in mn.idarstion of --Too b A4/100 -we.e.nw.+aw-----,...r.-..-e.• Dollars, ' and other Valuable cone14oraticm.._.......... to grantor paid by ' Arvin H. Etgill,atu►.-raad..D.eria...C...a.taspnan, .huffband and wife hershi dtor called the grantee, doe, hereby grant, bargain, gall and oorwey unto On add gir she std /,guess's heir., wrccosson and as. signs, that certain real property, with the loned- ho denwnts and eppun4n o t thereunto belonging or appertaining. situated in the County of ..a+d State of Oregon, described u follows, to-w&: Lot Four (4), Block ?brae (S) of acnic Comm x9mas,,.According to the is official plat thereof on file in the office of -*be' C-"!., r Clerk of said Countp and State, AM ALSO the followitq'ifevofiMQ 'tract of 'lard lying in Sectioa 9, Toweehip 17 South, Ragga 13 t.N.Mt Wgitfaiup"at a point which i is S. 1° SS9 S. 1337.9? feet and S. 195.41 feat froi the North IA confer 1! of said Section 81 thence S. Sao oot M 190.21 fait= thgjoa S. 197.41 foeti thence S, 900 feet, thence N. 770 141 W. 74.31 f0otf thanol N. 5° 349 N. 241.80 feet j thence M. 390.47 feet to the point df begimri"t Together with four scree of water with SwaxXOi+'I=lAptiaw District ro Have and to Hold the above daaathd and gams premises mdo the sold grantee and grantee's heirs, successors and asa;grs forever. And said grantor hereby covenants to cud wM Qaid /isles awd ovistaats hdis, armors and as- signs. that grantorfe lawfully seised in lei sfmph of the alors granhrl prwf rws, hw from all eneumbramm except Log..aeaanenta..and...en6t baclfsaitit..aoC.. =eeotQ:.ot .trialble...upon the, pren%A.ll.s _ . and that grantor will Warrant and forever defend the obw granted prearses and every part and parorl thereof against thw law. ful rlaiaw and deasnds of aQ poses whoewoever. . . . In eorntr iry this dead ad oboe Me, I rse too s- - uh r, the dhprlar'hwhsdes the phural. WIrMES3 gas hand and sed dds......... 5...... } d ..:....:.....amt.................., 1st 67 , (sw ) ....................................................................................Or") j i IOrf h reel STATE OF ORROOM, County a+.......D~~oALt. ........)se ...........44. ...s.........., 1f.67... Personarly appeared the abo, twmed....QNi44,1,1...1a....~T~fAlalte. aw...liLQ.lA...Mnl. t t and acknowledged the foregoing irshumant to be deal. ~ ass: y(tOsyrtAt . • my OMMnkWOn 610h WARRANTY DEED TO amts X9001104" WaYL-MM To k BEND ABSTRACT 1050 BOND STRMxt II ~Jd6MD3 ORiI~@ON a 81wi roan an flue QeeW rseeswO .ea moooos"re Vow M Sass. ew.e STATE OF ORROOM, County d.A&A~r es I ardfy that the within &struJJ nS~"`dq d. aco. on 'he et a2: ~M,, and nroora4d In back .../A731......_dn "..S3o..... Jtaewd of Aands of said county. Rltnws ray hod and asst of ceswy A flsed. i- f Document Reproduces Poorly all (ArChwed}: - . ~ . ~tY ~ l'~y~ ~ ll.vwa .e ...deg. t •t.r: fquhY~ ii\ R. ' h A i PUN i 1 E) r- t, D r 1466 r,s ,,,-i Ana?^ C. STEIGNIAN, husband and . wife, Grantors, convey and warrant to MICHAEL E. LUTZ and CAROL L. LUTE., husband and wife, the real property situated .in the County of Deschutes, State of Oregon, described on Exhibit "A" attached hereto and hereby irAcorporated by referenc,°, sub3ect to a mater Use Agreeaent ofineven date herewith, and free of encumbrances A except as'•specificaliy set.forto herein. The true ;.and actual tzonsWeration:.-for this transfer Wi a k this day of 'April, 1974. ; . Tt r / t ~ ~/j •cc, „a y~ n~ ,G 1 r 5 1 < ~ ~ i~ t 5. Jarvis 14 _ K \ M .t4+C'MJ r ry, ,iY _ vl. 1 „ + t : t 't• ,!s. _ t l 'M f Y !.o 'L e;2gila7t t iirn ' b H 1 ~ ~ 't a~ Y vrtn. + 1 - _ Y . - C~S~ ~ r ~w u 4~ !G~~an71'~A~S ( t 1 n. ~.'r {R.;S.:' T!' 1 .Nt ;Y „t d b fl Fly 1f 9 't}~ V~ j -Ya.E~:'w,}~r.:r. t ►-xf ~r• i •'i, -r ~t.'tt~lti-r 341i~sa ~1;.,. .'~..c~,wx..vt4.".t,. ~4_x..k'.Ra.Yrh ,+~}r 14 i. 1A:9~^.,.ars e s 1•, • ` 71(5 1 ~a..: rl .T ~x, G~"~4 ~ u-n. ~ 141 VIK y G -T a f : F~a4♦~`~ r 'tlti wl y t ftT+ Document Reproduces Poorly (Archived) Elf'I3IT u5 ~ _ 14 7 PARCEL 1: A tract of land located in the North Half (NI/2) a3e aon Eight (8), Township Seventeen (17) South, Range Twelve (12) East cf the Willamette Meridian, Deschutcs'Caunty, Oregon, more particularly described as follows: Commencing at the North 114 corner of said Section-1; 'thence South 1° 55' East a distance of 1332.97 feet; thence Southa distance of 192.41 feet to the point of beginning for'~this description; thence South .53° 00''West a distance-of 190.21 .feet; thence South a distance of 38.97 feet; thence Tast-aAis tance of 465.00 foet to that West line of a tract_61.4and.`Con".yed to .Robert H. and Car.aline A. Fowls :in,.the deed :reca d 1 i an 'VoI . 183', Fage .181, ; Deschutes County Deed re.cords thence Nvrth':elcng said Wbst 11ne a '-'dis.tance of 153.44 feet:'! t nze ' iest+ ' dxstaace .Of ':313.:d9,;,eet t* the .point 6# beginniAg,'IsXCPT 1@ rNff 2:. (Nl'j2) 'aa cel.:L described below: v PARCEL L: i::it'.~3ivided one-half of. a tract df land' tx lYe..feet` uare; center point of which ; is srxbed `~sollcaws slot;4r;N;'':! l3 gfitaxn:g at --the Southeast. corner of a,r;cel 1_"de ~C lbo ;Abb. e-11 leercel' iester..ly Tong -the Southe3rly .I ibe of Pa~c~e2,' 1 , ioSG b9d a._a ibve tz1 diStallcp q 2L.1 ~,00 . few t0 t o Cuter a ft r t ° J Yi 4n4f'ys4~j4aty r~ { _ yt;''~ r.., , ~ t 5 e ~ { Y X147 ?w~ ~n"~t,7j~+, ~}4' ti'1rCk► '„fit. ATl ea$tnt #or 3'fJ~ade~fay ~a~si3 Uil~titj►'`!S@7u8`5'u,'"cp .s ~~far$? a Rre V w ~.ng t de 1 "-"b' i ~ ~ r1LTZp lV ~ ♦ y , 1 n ,.i f. XM t * Y ~r 1 t;`Uf? 4~t`+'.53} or s •f fy r^ 'r ,4 .~t , f ,ar 3 ~~u. a,' d"~ !f` " t rkr3r. 'N?rw3s- r' F Y: / r i v + ,te ¢ t y! ~4, r ' L 'lXrs jjj; a )t ~~~t~~$. ; ' g ' at Lie SoLttbwes•t `corx►er of fihe'ri~~i~~e ~d~~~sd p~.Ci~1~.~ ~Y~ ~~^~1~"~ r '+titsay r80nthx a d Stan a of1Z7 ' 30 feet~'Cn { Xi:~ . rf ~H "hPxfh ~ry,'r32~ Y F• R F q , Mio~nxt a3 m' lira ve thenca's $dwth 8 ~ rfi~x ' ...+!~!L~'_'f!►tM;,:t9Ml+Y;"~~'Y1::~~11ii~~•~,`s~sM-".~i1~,+'1~s-:.~.:n~!'.+:►s a~+1:v~"'iri.+e.•t,w.'~.rr1E`'rbai..t.~rd.•:sw::_'i'ei tr.:kst'K.wt 'a.. !n .4.: 1` ~ L ~+~2.~#~.~~t ~,lfest'.=a7.~ng said .5entdiei~ly ~~iIIe f, w:ktl Ffi3►!;+pat of <laegAni~g. J Yet.~3 rriv Y~+J~rt ta' r7 ~,J iY utilY 3 y ~ Jf `L ~ t _t!> .r.' 132 V s~/ rev f~ K Pi r , LhY ^t ~ F (fit ~f" r Y ( .4~ rr ti f * F a 'k h ~~'a:G~'t`~ r~r~ ~~~,a 1 {7rYf~"'.?'Y {Y.~/~~Y 1 ~~-.Y rst ' t t Sryi~T)~1y~ sl,f R 5~3 °J"tl~$.a { _ ~~h~ n~ }r 1'iYtirti r4 rl ~ S ~ s. i; 4 "Y 'T+ty~,,~y~9r7~~~lwt / 1 wPjT as'ik * t• ✓ fw 1xg~ a. 1 1c j• •n~'< ~~i~!? ~'Y Yip. r'° Y .."i~' .rr+vr !''P~ ~'..~i{>Fttt4 v.. ~ lt Y w 4r~~ 1+ii ~rLtk ` n ~y, .t or n~ . Jtr r wcnw 7T1 , v r , , ' r 4W E'h~~'y~'~ = r} 3 l Af • ♦+#~•I'~fsM'i~~l[ Mf Y 1,! ~ 1 T {h ' d .d fthi t lt`` p,1~, c zf Y,,~{Yi 2o2 342 VOL PAGE 3317 WARRANTY DEED MICHAEL E. LUTZ and`'CAROL L. LUTZ, Husband and Wife, Grantor, conveys and warrants to GARY E. MARSH and SHERRIS L:,MARSH, Husband and Wife; Grantees, all that real property situated in the County of Deschutes, State of Oregon, described as: PARCEL 1: A tract of land located in the North 0 Half (N 1/2) of Section Eight (8), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschute. County, Oregon, more particularly described as follows: Commencing at the North 1/4 corner of said Section 8; thence South 10 55' East a distance of 1332.97 feet; thence South a distance of 192.41 feet to the point of beginning for this description; thence South 53° 00' West a distance of 190.21 feet; thence South a distance of 38.97 feet; thence East a distance of 465.00 feet to the West line of a tract of land conveyed to Robert H. and Caroline A. Fowls in the deed recorded in Volume 181, Page 181, Deschutes County Deed records; thence North along said West line a distance of 153.44 feet; thence West a distance of 313.09 feet to the point of beginning; EXCEPT the North Half (N 1/2) of Parcel 2 described below: i 't PARCEL 2: An undivided one-half of a tract of land twelve feet square, the center point of which is described as follows: Beginning at the Southeast corner of Parcel 1 described above; thence Westerly along the Southerly line of Parcel 1 described above a distance of 209.00 feet to the center point. PARCEL 3: An easement for roadway and utility purposes across the following described strip of land; Beginning at the Southwest corner of the above-described Parcel 1; thence South a distance of 427.30 feet to the Northerly right of way line of Mountain Drive; thence South 81° 37' "ast along said right of way line a distance ::~f 25.27 feet; thence North a distance of 430.99 feet to the Southerly line of the above-described Parcel 1; thence West along said Southerly line a distance of 25.00 feet to the point of beginning. 8CNO TIT! F. COMPANY 1050 EAo,jjD, FEND, OREGON 07701 PAUL K. DAM ATTOKKtT AT LAW f l l R.W. ttttRl 60 - PA. Box 1111 89ND.02900N eml Tn ttRQAt 1st4"s _ f r. .-~Li~~')Yl~~!t'~!MNmOw.nwkw•~w..«7+^^ v SUBJECT TO; (1) The 197S-1976 real VOL 222 PAGE333 property taxes; ' (2) The existence of irrigation ditches and canals, telephone, telegraph and power, transmission facilities; (3) The premises fsl, within the boundaries o. Des- chutes Reclamation and Irrigation fompanv and are subject to rules, regulations, assessments and liens thereon. (4) A Twenty-five (25) ;cot building setback line as shown on the official plat, affecting the easement granted in PARCEL 3 above; (S) Deed of Trust, including the terms and provisions thereof, executed by Michael E. Lutz and Carol L. Lutz, husband and wife, to Transamerica Title Insurance Company, Trustee, for the benefit of Equitable Savings $ Loan Association, an Oregon corporation, dated April 5, 1974, recorded April 12, 1974 in Volume 194, Page 142, Mortgage records, which Grantees hereby assume and agree to pay. (6) Water Use Agreement, including the terms and provisions thereof, between Ervin H. Steigman and Doris C. Steigman, husband a.d wife, and Michael E. Lutz and Carol L. Lutz, husband and wife, recorded April 12, 1974 in Volume 20S, Pave 148 Deed records. free of encumbrances except as specifically set forth herein. The t-.rue consideration for this conveyance is 529,950.00. Until a change is requested, all tax statements shall be sent to: Equitable Savings and Loan Association, 1300 S.W. 6th Avenue, Portland, Oregon. DATED this &:Z9 t-4 day of August, 197S. is ae +,~t aro Lu"- + tz 7~ STATE OF OREGON ) County of Deschutes ) ss. August off, 1975 Personally appeared.MICHAEL E. LUTZ and CAROL L. LUTZ, Husband and Wife, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: 'L C. C. A rr y ; otary u is or reg nn N A My Commission Expires:_ ~-6? /9.7 "T' 6 c PAUL r- DAM ATTONWIT AT SAW 71 - 0-w. 4129IINf000 - PA. M 11 U 91910, **ft" 9M1 T'L"*001 14S."02 35'3 e t..a ' 4~Ye M - rvt •P4 i STAIE OF OREGON cmmty I be s..e dtwlragtt.v.-.chef tot PACCId s? S _dar dared XDL a d ~ ~saere IJ ROSEUM MTEBSON Cis* Do"" j t * 4"9~`~..'.~7a t.n ~ ` •!;••t ...1'Esr'•fs.~"` ~ . Y "7 y ~ , j+c. „r- x°+b i." '~•GG'~F~`i~r+' k* r+",, r4s,'! ~ y,i..o z.~i"~st 7,1, o F - F . + • r87w M., 141-0.41A.nr 011D (I.I...eW. « C«►.nhl sx F t r wart, , rA 222 ww 471 C'l" 1; KNOW ALL MEN LY THESE FRESENI-S, That . ...ERVIN H. STEIGMA.: and DORI? C. II STEIGMAN, husband and wife, hereinafter called the 4.antor. her the nxzideraticn hereinafter stated, to grantor paid by (rP.RY E. MARS'! II and S?iERRIE L. Y-kRSH, husband and wife he;sinafter called the grantee, does rerrhy grant, borgain, sail and covey unto the said grantee am' granrr'• heirs, succe•.ssors and ass gm, that certain real proprrty. wrth the tenements, hereditaments and appurtrnancrs thereunto belonging or ap- pertaining, situated in the County Deschutes and Slate of Oregon, descrihed as foMws, (o-wit. i; SEE ATTACiM "DESCRIPTION SHEET" BY -UTIRE CE TO HLREBY MADE A PART. i{ iI j i~ it 1r~ ro Here and to Hold the same unto the said grwwre and grantee's heirs, successors and a_-signs forever. And rand grantor hetrby covenants to end with said 4.wifee and grantee's heirs, ureces ors and assigns, that graevtpr is lawful;r si•iaed in lee sample of the above granted premise% !m from all encumbrances , NONE) ar-I that grantor will warrant and forever defend ter said premrses and every part and parcel thereof against the lawful claims mW deaw ds ol all persons whomsoever, except those claiming under the above described encumbrances. . • 77ra Inn and actual co srderatien paid lot this transfer, stated m terms of dollars, is $ 3 , 500 a 00 mLleonne't.~the~rhreftrraseidrnrrieRt~-d-•~r-• +eiue•-gwen-ae-rrewrioalasJrioA.i► 6onthleratiarr f indicate whieh).'D(rhr a•nr_aor bet. ow mn6ch 01, it new applk.b&..hevrd be detered. See ORS 93.030.) i In corattuing this deed and where the context on requires, the singular inc)ue-s the plural and all grammatical changes "I be implied to make the pro"nons hereof apply eoually to aborts end o end' iduaI In Witness Wheeraf, the grw-,! -r has executed this instrument this day d } 1EruST 19 75; it a oWporaM grantor, it has caned its name to M signed and see/ affixed by it oil' c ly authorized thereto by i i order of !ta board of directom , f/, . i 7t/ c~ brrr~to+.. „Ervin i. V gran St a~ STATE OF OREGON, ) STATE or oR£oolr. Caolt,• at.__ iI Ceruwr ehDes•.c-hute3 C;~` i! `srL7 !f 7J r«sw.or Opp..eed end I _ . -Ao, Wait ovrr sworn, r'ra•~1 appear.d Ur abewr lunwd e.rA f- hbmOt aft ace ar.e her R.. other did s.r that the rasher is the ..Ervin..H._.Steigman. and Doris C. p zlar..d trot th. latter h the R al i` r:; ~/S' •'e.d acA..-ladled the forepir.e intN- f - a . . _ a rpw.f. sea! 8.4 chef tt ref Affixed 9. ehr Ms(oin/ irornrmmt Is the oorporaN f'; .Y d e::• .e^ their rater r eat and deed. nt .old awparari.a .nd th.t add irnhoA was .ren:d and reeled 7n be- Al t hdf d mid corporation by axthwity r.f in beard d direct e : and "ch ar then se.d rid h"tremeoe r0 b. !n reft.W er a aad deed. ieve aw: At l(L (OFFICIAL SEAL) IY PuLic !.r Orr{fwe~` Harr i4btre ew Orelae . i- e.pirer {rytt e~, ~7 l7 At oersresiaion erpbea: 1 _ -Ervin H. Steigman, etux .26691; Horsell Road (Alfalfa) . Bend,. OR 97701 O . nr 1 •.O .De»r.. .Gery.E. Marsh, etux .20190-Mountain View Drive .Bend, OR 97701 STATE OF OREGQN, klaJb County of I certify that the within instru- it r~/~fwas !o ecord on- IIw dSir at ock . M. recorded ' in book on page r.... ~ or as Koss s file/reel 'number ~I Record of Deeds of said county. Witness my hand and xa: of (I affixed. ~r~ Officer II Ry l Deputy - - BFND i,flE CCS1pa NY ~ - - - - ~ - - - U•r,l . A«.r. M r.rr..ae N .a «......w d.n ....wr Hn.~yy ..b.w I Gary B. Marsh,, et•x 2.0190 Mountain View Drive Lend , OR 97701 i ? 10SO BOND, MO. OAGGON rr7ol va 222 0A 472 Ervin H. Steigman, etux to Gary E. Harsh, etux ~t '''RiP1i•ZO?i SHEci PARCEL 1: A tract of land located in the Nortn -,air (per) of section Eight (8), 'i'ovnship Seventeen (17) South, Fame i.relve (1? g ) a9t of the Willamette Meridian Deschutes County, Oregon, more arti_' + F ~larl_v described as f^1?av::: { i Co:-_,er•_ing at the ;;crth -re quarter c^rner of said Section 8; thenv- South 1° 55' East a iistar.~e of 1332.0- ence South a distance of -92.h1 feet; thence Sou??; '30 n t ..h ,S^ foe 0' 'West a dis_l;ce~of 110).21 feet; thence South a Alstance of 38.97 t t; the po. -t r _ r,.s description; thence East a distance of LE feet to the West 1 c•• „ ^ fare_t of land conveyed to Robert H. and Caroline " ` F11s in the a . r._„uei •:n- 191, FaR 181, Deschutes County Peed id -.e a distance of 153.41 feet to th•e north !4n,- vf'Block 3, .:genic Ccun!r• Estates" a subd-,vision recorded in Deschutes County Plat reccrthence West along said North line a distance of 465.D) feet; t thence North a distance of 153.4 feet to the point of beginning, except the South Half (S~) of Parcel 2 described below. -t, PARCEL 2: undivid^.d one-half of a tract of land twelve _eet (129 square, the center point of which is described L~, follows: Beginning at the Southeast corner of Parcel 1 described above; thence Westerly slen: the Southerly line of Parcel 1 described above a distance of 2C?.n feet to the center point. PARCEL 3: An easement for roadway and utility purposes across the following described strip, • - of. Lod: Bn3i:.ning at the Southwest corner of the above-described Parcel 1; thence South to the Northerly right of way line of Hountain.Drive; thence South 810 37' East along said right of way line a distance of 25.27 feet; thence North to the Southerly line of the above-described Parcel 1; thence West along said Southerly line a distance - of 25.00 feet to the point of beginning. TOGETHER WITH one (1) acre of water in the Deschutes Reclamation and Irrigation District (Swalley). TOGETHER WITH a 1/2 interest in a well as indicated by a Water Use j Agreement dated April 11, 1974, by and between Ervin H. Steiga.a 1 WA Doris C. Steigman husband and wife, and Michael E. Lutz and Carol L. Lutz, husba;;A and wife. SUBJECT TOi ;K 1. The 1975-76 Taxes which are a lien not 7 axes yet payable. f- 2. The existence of irrigation ditches and canals, telephone, telegraph and power transmission facilities. 3• The premises fall within the boundaries of Deschutes Reclamation and IrriF,a ~ tion Company and are subject to roles regulations, assessments and liens thereon. `r. fy 4. A Twentr-five (25) foot building setback line as shown an the ,q official plat. (Affects the easement only) Y. 5. Easement, including the terms and provisions thereof, for road and utility purposes as granted to Michael E. Lutz etdx' by instrument recorde'_ April 129 1974, in Volume 205, Page 146, Deed records. F Document Reproduces Poorly (Archived) Y 1 75 89-280:0 WARRANTY DEED - STATUTORY FORM INDIVIDUAL GRANTOR GARY E. MARSH and SHERRIE L. MARSH, Husband and Wife, Grantor, conveys and warrants to GARY EUGENE MARSH and SHERRIE LEE MARSH, CO-TRUSTEE(S) OR THEIR SUCCESSOR(S) IN TRUST, UNDER THE MARSH. LIVING TRUST DATED AUGUST 30, 1989. AND ANY AMENDMENTS THERETO Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Deschutes County, Oregon, to wit: EXHIBIT "A" ATTACHED The said property is free from encumbrances except conditions, restrictions, easements, assessments and encumbrances of record, if any. h The true consideration for this conveyance is o -0- However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLIC_933LE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day of OC % b flF 1989. C. j'ln+ ' w GARY E V/ SHERRIE L. MARSH^ - STATE OF OREGON, County of Deschutes ) ss. OCT a 1989. Personally appeared the above named Gary E. Marsh and Sherrie L- Marsh and acknowledged the foregoing instrument to be their voluntary act and deed. Before me:ti£if Not y Pub for Oregon My comm' ior, expires:=s GARY E. MARSH eL GRANTOR fly...... THE MARSH LIVING TRUST, GRANTEE 2019G Mt. View Drive Bend OF. 97701 fter Recording Return to: All tax statements shall be 'sent to: The Marsh Living Trust NO CHANGE s: 20190 Mt. View Drive Bend OR 97701 ` ^--~d. --~-°=~•._-..RNs F HIBIT "A" 1:35 - U !`l6 PARCEL I: A trP.ct of land located in the North Half (N 1/2) of Section Eight (8), Township Seventeen (11) South, Range Twelve ` 2) East or the Willamette Meridian, Deschutes County, Oregon, more particularly s: described as follows: Commencing at the North 1/4 corner of said Section 8; _ may. thence South 1° 55' East a distance of 1332.97 feet; 3 thence South u distance of 192.41 feet to the point of _ 4 f ' \11 beginning for this description; thence South 53° 00' "'max Wert 3 distance of 190.21 feet; thence South a distance of 38.97 feet; thence Last a distance of 465.00 feet Lo r.he hest line of a tract of land conveyed to Robert H.~. tilt and Caroline A. Fowls in the deed recorded in Volume 181, Page 191, Deschutes County Deed records; thence Korth along said West line a distance of 153.44 feet; thence West a distance of 313.09 feet to the point of i beginning; rs f:`CEPT the North Half (Y. 1/2) of Parcel 2 described c below: g PARCEL 2: An undivided one-half of a tract of lard twelve feet square, the center point of which is~ :.:z. described as follexs: Beginning at the Southeast a corner of Farrel ] described above; thence Westerly t -long the Southerly line of Parcel 1 described above a distance of 209.00 feet to the center point. s _ PARCEL 3: An easement for roadway and utility ~purposes across the following described strip of land; Beginning at the Southwest corner of the above-described _ Parcel 1; thence South a distance of 427.30 fret to the Nartherly right of nay line of Mountain Drive; thence South 81° 37' East along said Tight of way line a distance of ?5.27 feet; thence North a distance of 430.99 feet to the Southerly line of :ho above-described a a Parcel 1; thence West along said Southerly line a s distance of 25.00 feet to the point of beginning. g ~rJ' SUBJECT TO: - ;~c (1) The t _ real property taxes; f (2) The existence -f irrigation ditches anal canals, ' z telephone, telegraph and power transmission facilities; all w 1 the 1 cnuteshReclamation'and Irrigation Company anduf eDes- subject to rules, regulations, assessment's and liens STATE OF OREGON j thereon. I'.. COUNTY OF DESCHUTES] (4) A Twenty-five f25) foot building setback line as ! shown on the official pi at, affecting the easement granted in PARCEL 3 above; 1.HARY SUE PENHOLLOW, COUNTY CLERK AND (5) Deed of Trust, including the terms and REGD.ROFROF CONVEYANIB, IN AND FOR SAID thereof, executed by Michael E. Lutz and CarooloL. Lutz, COUNTY; bo HERESY CERTIFY THAT THE WITHIN husband and wife, to Transameri *TRUMENT WAS RECORDED THIS DAY: Cam ca Title Insurance E Loan yAssociationfoantOreuon*eot of Equitable Savings 10S,2 1974, recorded April -CT AM 12& 1974rinrVolume 19de Pagel] ' 3~ 1 4, Hortya a tee to ge records, xhich Grantees hereby assume and R pay. 5. iD , ;Z. t pttl,? s) (6) Water Use Agreement, ' ,inciujing * he terms and y.:.~~tr c ARM a.s2 Ur yproviSinns tbereof, between Ervin 9. Steigman and Doris t' C. Steigman, husband and wife, and Michael E. Lutz and e - Carol L. Lutz, husband and wife ' 1974 in Volume 205, Fa a , recorded April 12, g 148 Deed records. % p eY.1 D DEPUTY No. R9-28080 `mc J~ - DESCHUTES COUNTY OFFICIAL RECORDS t ~J =tom i~~ ;~L'••`"~ . =-r .rr.,:.V::.::. ,.^_.:~._.c w.,. t< - 8~-2£~®91 J j 1 7 7 WARRANTY DEED - STATUTORY FORM INDIVIDUAL GRANTOR GARY E. MARSH and SHEP.RIE L. MARSH, Husband and Wife, Grantor, conveys and warrants to GARY EUGENE MARSH and SHERRIE LEE MARSH, CO-TRUSTEE(S) OR THEIR SUCCESSOR(S) IN TRUST, UNDER THE MARSH LIVING TRUST DATED'A.UGUST 30, 1989, AND ANY AMENDMENTS THERETO Grantee, the following described real. property free of encumbrances except as specifically set forth herein. situated in Deschutes County. Oregon. to wit: EXHIBIT "A" ATTACHED The said property is free from encumbrances except conditions, restrictions, easements, assessments and encumbrances of record, if an-z. The true consideration for this conveyance is -0- However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration, 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 'r- PLANNING DEPARTMENT TO VERIFY APPP.OVED USES. Dat d this day of ©C%Gj9E6: 1989 O 1 BAR E _/MARSH SHERRIE L. MARSH + STATE OF OREGON, County of Deschutes ) ss. 067'6&A 15- , 1989. Personally appeared the above named Gary E. Marsh and Sherrie L. Marsh and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary ubli or• Oregon My commiss' n expires: b tl 2 GARY E. MARSE et nx, GRANTOR THE MARSH LIVING TRUST, GRANTEE KL 1tRV;S 20190 Int. View Drive ` ~^'j~"•~, ;PU U~_ G ~EGON Be u OR 97701 After Recording Return to: All tax statements shall be sent to: The Marsh Living Trust NO CHANGE 20190 Mt. View Drive Bend OR 97701 Document Reproduces Poorly F <HIBIT "1:" (Archived) Sun Of OUG M ) SS. CK"M of onamm t t. RUT "I KNIOU011. COIMtf Cl[l1 AND mown ef CMnt ANM 0 AMD P" SAM Cows. p maw CION. tact TW atisial NSUVM" WAS s("'°Mrlbo ss eC I HaRi s-j PEtiriWL C,i' Coi,;NYr,• CLZRK t~ otaurt oacnoM Cowin OFMAt WOM S2.11 '.TOQlTM VITZ one (1) KH of rater is ttoe Des:tastes Neclatattor and - irrigation Dlat-let (Swaney). TOOCTM VIT* a 1/7 tneersrt to a ten es Ir+tlceted Oro a voter vise A6:eewest Anted A=ril U, Mu. W aa! tettrave wets ri. btelaaar► . aid frrta C. stet~t~an. mnbaral end rtto. ord tracheal Lats and Carpi I.. tats Natea:d ead vlfe. {,~..•tATd:. It ,r. J:•1:•''k':,wt•'•~_~l jf =L1''.`~~:+^'~.ti~'•~=;;i'-~ t!~r-.~ A'truf:of.lantYacia }s the re~iL ~j~6ineotoea:(2T.I;dantajlye~i 2balw r12).>i! e''tba4illsstta'Iirit4lrn~; Diieb C-t7i Qtiloti~'lwri ~`.:Ceraeaete+t at'ed+ torts me^tdstir-..7447 of..Att .stns l~ i,D:o"'soata:i•'S5' s..t'•:•at~t.oe:':osl}Ix:gJ•a.t{ eiaeei,'svatl~;aetst..e.-ot.lY't.tl ttisi:~^•• •~ta~S7e•~'0!fMisvc-a wt~n;oi~96".~, ~!!!t'i'tMah )o}si "a. efitaoei•erld~.9. Lt'.te'taa,Teaet`!f w~iaial14 bet'~~tK~ Na~tt!(r{`laesora:~iit'.a` ti.ta:ot et ~+eaesl~iilith'~plUsat tli''lel. Tap'lat: Deidneie'.Oo`~il iredud~{~.t~aile aleal'edl lNit'11ae.a`/teto. et.lfl.ll:Mt!~t U.VA,, ?}}kr• il)va~e# s:o~li 3.''h~+la.Olertq]ratite~•.:'a naatfldes rvaerioa is CatelstN~}' fbifriltji;n .tTtgositl•tl e" vets akiol cW ftru Use a autumn ef.►65.00• twt tpaa ott~ri`lletwie of 333.u toot t• the plat or betteaLa.-ex"P%.tae !•Iwtli P~Y.1~.( ,°t teal ~ bttlilN Mta►~ " r ; ~ ~ r 41, ';~r;r~ aet.Atw•i►lt of ► .net et }r!•lwalw tee (lt`) asaae+. :ot ~rtid ti M:ertU.1 a+ falle.►t ltivoalnt at tao Mitaeett eerwr of Tar* •16eW144 &bew,. tb"ce Veeterlt ales/ tie towraerlr t=ee of rwmi 1 aeacribea :.tow st,w« of foy.o0 fsst u tae o.eter vout. - « 410-000% fsf roe"' a" ,alloy yaltetee wv%*4 Ae f xtmw-" aaecritea strove ..'.'ya#twatat N tae Rowavwt owsw of W tl.we-eNt"W ft"ol Is .noose loots" I u tole swNorif r140% of v.tr loss e: Nseatale prtwl tyres ev.b et• It. tet% ably aata rtpt of ♦q 11ae a alttaft" of ri.a: Mtl "mWo Rena to tae /.ees.ri;' Ufte d UA above-aeeeri►N ttina3 Is %teas, ales. alt Lsylaory Use a elet~ Wt 17.00 hat to The .stet K t+alwelto. %Ub= TO i. Tha .assn tf lob are a Iles. rwt yet plats. 2. The exletence of trrljattaa+ Attebes and eezats. telegbona, telost and treretnlWoo faellitles. 3. The ael ta11 I-dUAt t!N bOMA- Is. eC DHttratee IMOla~aatioe~ Ltd lrrlsattoa Oea"► and w "tJ er: to r otov,• .epos" 0", ssaRta asd tteel tAazt>sa. Sales 1.: ,1A Tvaotp-tivo (2" feet latlrllat aettaet lice as ahows an .metal' Plat. tlf!et:ta tae easem"d only) s, tessovA' lvdlrs the ta=ns asd pre"aloes thereof, for rat~.• am atlittt waloee at =anted to Meb"I X., W.8 e laatrmaat reeeed e ttk~ . ioUl 12. 1974, is .vol=. WS, *t Dead T*ew". - , ;N~ 'E 708.50 N IN COB 4600 SI'55'E 1118.50 FROM N V4 COR 4500 S14551 1332.97. S 192.41 FRC11 N IA COR 590.47 4300 °wµ f UU; 4200 -z ;•'.:'r.,i S: t w..r_ 165 00 . 4100 . za.ary x.3Yu r;z:i:x ~S'^ Y':.F k S~:ai4LM'•i Yw, 71, 1 AMA, ' -1 • ' _ H1. 0 66.18 TA IN 7 1 63. g 9p 293,1 ` `49 3400 3300 c1~` "s•::~'i o • 215.90 290.1 X454. T: 9 3100 3200 - Q' 206,30 r - l' ,.6. 3.09 277.41 4400 te 1.77 AC 203:00 r N r N69' 5040 FROM 2000 1 5.14 AC o~ ~I • 00 R on. $0406'31 671.44 WE COR V 2200 638.95 635.34 N89`56 U 2300 FROM N z o cn 1 °J' 7T! 1"777 77777 150.00 2 150.00 3 94.24 4 4000 3900 3800 b 44 9S~ro ; 11 N J n 3 N ,~~p1e~ E •00151 v O 4?. 72 S e°r _ 151 n w .1 O 9 m VIEW 3500 2 n 245.00 3 8 13000 -,P ry 7 J m 3700 4 278.67 3600 ig 5 272.29 8 6 217.29 'PR= 2900 ~ MEAp ►S136 Zf Ow LANE 88944 SON 06 FRW 240D q 31 .00 g 2300 8 0 31 .DO $ 2600 5 0401 2236.1 561.38 NE COI 0 2700 IN! $ MOOD( 9 580.2 NI' COR a 2800 THIS MAP IS PROVIDED AS A COURTESY BY FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON TO ASSIST IN LOCATING SAID PREMISES AND THE COMPANY ASSUMES NO LIABILITY FOR ITS ACCURACY OR FOR MATTERS THAT MAY BE DISCLOSED BY A SURVEY. qo~