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HomeMy WebLinkAboutDeed APPLICANT 12/28/2017If RETURN TO CASCADE TITLE CO. 6-7-23`/17% FILED FOR RECORD AT THE REQUEST OF AND RETURN TO: WEYERHAEUSER COMPANY LAND TITLE DEPT CH 1 F 23 PO BOX 9777 FEDERAL WAY WA 98063-9777 SEND TAX STATEMENTS TO: SierraPine 2151 Professional Drive, Roseville CA 95661 Division of Chief DePULy Clerk gnj� Lane County Deeds and Records 1003®038691 Suite 200 11111111111111111111111111111111111111111 Ililll $56,oa 004235382003003eas10070071 RPR—DEED ent=1 Stnc4 CASHIER02 03;27;32 PM $35.00 $11.00 $10.00 THE GRANTOR, WEYERHAEUSER COMPANY, a Washington corporation, for valuable consideration, receipt of which is hereby acknowledged, grants, conveys and warrants to SIERRAPINE, a California limited partnership, GRANTEE, the real estate, situated in LANE County, Oregon, described as follows (collectively, the "Property"): All that real property described on Exhibit A attached hereto and incorporated herein by reference. TOGETHER WITH all improvements and fixtures located thereon and all rights, privileges, tenements, hereditaments, easements and appurtenances appertaining thereto or used in connection with the beneficial use and enjoyment thereof, all minerals, oil, gas, and other hydrocarbon substances on and under the Property, all, development rights, air rights, water, water rights and water stock relating to such Property, all right, title and interest of Grantor in, to and, under adjoining streets, rights-of-way, and easements. Subject only to those matters described on Exhibit B attached hereto and incorporated herein by reference (collectively, the "Permitted Exceptions"). The true and actual consideration for this transfer is $5,588,979.00. Date Received Y99-187 SDI 87B 04/25/03 4:43 PM DEC 28 2017 Weyerhaeuser/SierraPine Lane County OR 01/09/03 Page 1 7nn 010i¢l?��ala� I Grantor, its successors and assigns, hereby warrant and covenant for the benefit of Grantee and its successors and assigns, that (a)' Grantor is lawfully seized of an Indefeasible estate in fee simple in and to the Property and has good right and full power to convey the same; (b) the Property is free from all encumbrances other than the Permitted Exceptions; and (c) that Grantee and its successors and assigns shall enjoy quiet and peaceable possession of the Property and Grantor and its successors and assigns shall forever defend the title thereto against all persons claiming by, through, or under Grantor or its successors and assigns. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated the Wk -day of April 2003. Y99.187 SDI 87B 04/25/03 4:43 PM Weyerhaeuser/Sie=Pine Lane County OR 01/09/03 Page 2 ALOOF] I ZI► By:4 � 7 Vice President Attest: I Original DEC 28; )IT 2 9 21111 STATE OF WASHINGTON ) ss. COUNTY OF KING Personally appeared before me, the undersigned authority in and for said county and state, on this� day of April 2003, within my jurisdiction, the within named Riaiar 5 and G.u). 83criKe. who acknowledged that they a ice President and Assistant Secretary of WEYERHAEUSER COMPANY, a Washington corporation, and that for and on behalf of the said corporation, and as its act and deed they executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. %W%, ... '01t M ffV� �,,�I���,'�4,•'4®�1we 7 (..tom ' a Wgry Public i NOTAAy g i • 4A- r My appointment expire, a� °� ®F Wase DEC 2 8 2017 Y99-187 SDI 87B 04125/03 4:43 PM Weyerhaeuser/SierraPine Lane County OR Original Submittal 01/09/03 Page 3 81J, EXHIBIT A IN LANE COUNTY OREGON Parcel 2 of Land Partition Plat No. 2002-P1634 (CS File No. 37£331) recorded December 16, 2002 under Lane County Deeds and Records No. 2002-097539. TOGETHER WITH: An appurtenant easement (over Grantor's retained property west of the herein conveyed property) for railroad purposes, on existing track. Details of operation, maintenance, cost sharing and other common usage issues are covered in a separate Rail Services Agreement between the Grantor and Grantee. RESERVING TO GRANTOR: Easements appurtenant to Grantor's remaining plantsite (these will be new encumbrances on conveyed property) as follows: 1. Access to existing groundwater monitoring wells located along east line of the herein conveyed property for removal of samples, maintenance, upgrading, Improving and abandonment. 2. Access over existing roads to the retained former log storage pond. RESTRICTIVE COVENANTS: The use, occupancy and activity on the herein conveyed property are restricted as follows: Use. No residential use of the Property shall be permitted. Provided, however, that Grantee may request termination of this restriction, and Grantor shall agree to said termination, where all industrial and/or manufacturing activity has ceased on the real property owned by the Grantor or its successor(s) in interest located adjacent to the Property and the Oregon Department of Environmental Quality has not required Grantor or its successor(s) in interest to restrict available uses of the real property. 2. Groundwater. Groundwater at the Property shall not be withdrawn for drinking or other domestic purposes, or for industrial water supply purposes. 3. Release of Restrictive Covenants. These Restrictive Covenants may not be canceled, altered or amended without a writing, executed by Grantor and Grantee, their respective successors and/or assigns, agreeing to change these restrictions in whole or in part. 4. No Waiver. Failure of Grantor or its successor(s) in interest to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violations, shall not be deemed a waiver of the violation, or the right to seek enforcement of these restrictions. Y99-187SDI 87B04/251034:43PM y� Weyerhaeuser/SierraPine Lane County OR !!�1�u IP PCeceii/ed 01/09/03 I Page 4 5. Enforcement. Enforcement of these restrictions shall be by proceeding of law or In equity, brought by Grantor or its successor(s) in interest, against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration or to recover damages. 6. Effect of Invalidation. Invalidation of any one of these restrictions, conditions or covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. DEC 2 8 2017 Original Submittal—� — Y99-187 SD187B 04/25/03 4:43 PM EXHIBITA Weyerhaeuser/SierraPine Lane County OR 01/09/03 Pages M, 2 9 2011 z (These title warranty exceptions per Cascade Title Company Preliminary Report CT - 234177 dated January 17, 2003.) 8. Easement, including the terms and provisions thereof, granted to Eugene -Springfield Land & Water Company, by instrument recorded August 16, 1937, in Book 188, Page 532, Lane County Oregon Deed Records. 9. Easement, including the terms and provisions thereof, granted to Eugene -Springfield Land & Water Company, by instrument recorded June 10, 1937, in Book 190, Page 393, Lane County Oregon Deed Records. 10. Easement, including the terms and provisions thereof, granted to City of Eugene, by instrument recorded June 17, 1954, Reception No. 31968, Lane County Oregon Deed Records. 11. Easement, including the terms and provisions thereof, granted to The City of Springfield, by instrument recorded May 16, 1962, Reception No. 69804, Lane County Oregon Deed Records. 12. Easements for utilities over and across the premises formerly included within the boundaries of North 48th Street now vacated, as set forth in vacation ordinance recorded September 23, 1965, and recorded October 1, 1965, Reception No. 20964, Lane County Oregon Deed Records. 13. Access restrictions, including the terms and provisions thereof, in deed from Weyerhaeuser Company to State of Oregon, by and through its State Highway Commission, recorded June 22, 1966, Reception No. 51679, Lane County Oregon Deed Records. 14. Easement, including the terms and provisions thereof, granted to The City of Springfield, by instrument recorded September 28, 1966, Reception No. 62063, Lane County Oregon Deed Records. 15. Easement, including the terms and provisions thereof, granted to The City of Springfield, by instrument recorded September 28, 1966, Reception No. 62064, Lane County Oregon Deed Records, 16. Easement, including the terms and provisions thereof, granted to City of Eugene, by and through the Eugene Water and Electric Board, by instrument recorded September 18, 1970, Reception No. 20565, Lane County Official Records. Y99-187 SDI 87B 04/26/03 4:43 PM Weyerhaeuser/SierraPine Lane County OR 01/09/03 Page 6 EXHIBIT B ®ate Received 17. Easement, including the terms and provisions thereof, granted to City of Eugene, for the use and benefit of the Eugene Water & Electric Board, by Instrument recorded January 11, 1978, Reel No. 882, Reception No. 7802130, Lane County Official Records. 18. Easement, including the terms and provisions thereof, granted to City of Eugene, for the use and benefit of the Eugene Water & Electric Board, by instrument recorded January 11, 1978, Reel No. 882, Reception No. 7802132, Lane County Official Records. 19. Easement, Including the terms and provisions thereof, granted to City of Eugene, for the use and benefit of the Eugene Water & Electric Board, by instrument recorded August 29, 1978, Reel No. 935, Reception No. 7859173, Lane County Official Records. 21. Note on the recorded partition plat: No building, structure, tree, shrubbery or obstruction may be placed on or in a public utility easement. 22. Seven foot public utility easement as shown on the recorded partition plat. 23. Right, title and interest of 3M National Advertising Co., as disclosed by the Tax Roll. (Billboard Tax Account No. 1505757, Tax Lot 900-201). Y99-187 SD187B 04/25/03 4:43 PM Weyerhaeuser/Siomf`ine Lane County OR 01/09/03 Page 7 CASCADE ESCROW ATTN: MELISSA MITCHELL 811 WILLAMETTE STREET EUGENE, OR 97401 PRELIMINARY TITLE REPORT 4TH SUPPLEMENTAL December 19, 2017 Report No: 0301796 Your No: EU17-1554 Seller: SIERRAPINE Buyer: 48TH ST LLC PRELIMINARY REPORT FOR: Owner's Standard Policy Commercial Extended Loan Policy (SIMUL) PRFMTnMRr Owner's Standard Premium Commercial Extended Loan Premium (SIMUL) OTIRO 209.10-06 Endorsement OTIRO 222-06 Endorsement Gov. Lien/Inspect Fee $6,750,000.00 $5,737,500.00 $10,725.00 $2,402.00 $100.00 $N/C $35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: Parcel 2, Land Partition Plat No. 2002-P1634, as platted and recorded December 16, 2002, No. 2002-097539, Lane County Deeds and Records, all in Lane County, Oregon, Vestee: SIERRAPINE a California limited partnership Estate: FEE SIMPLE DATED AS OF: DECEMBER 13, 2017 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): 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. Aro liability is assumed hereunder until policy has been issued and fuull policy prenuiunn has been paid. MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE 811 WILLAMETTE ST. 715 HWY 101 "FLORENCE, OREGON 97439 4750 V1QataR wF 0 EUGENE, OREGON 97401 \TAILING: PO BOX 508 : FLORENCE, OREGON 97439 EUGENE, OREGON 97401 PH: (541)687-2233°FAX: (541)485-0307 PIE (541)997-8417'PAX: (541)997-8246 PH: (541)653-8622°RAX: (541)844-1626 E -HAIL: INFO CASCADETITLECOM E-NTAIL: FLORENCErCASCADETITLECONf E-JIAIL: VILLAGE �Al �S��UTITLE.COM odginal8ubmittal _, Order No. 0301796 Page 2 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Easement, including the terms and provisions thereof, granted to Eugene -Springfield Land & Water Company, by instrument recorded August 16, 1937, Reception No. B188 P532, Lane County Oregon Deed Records. 7. Easement, including the terms and provisions thereof, granted to Eugene -Springfield Land & Water Company, by instrument recorded June 10, 1937, Reception No. B190 P393, Lane County Oregon Deed Records. 8. Easement, including the terms and provisions thereof, granted to City of Eugene, by instrument recorded June 17, 1954, Reception No. 1954-031968, Lane County Oregon Deed Records. 9. Easement, including the terms and provisions thereof, granted to The City of Springfield, by instrument recorded May 16, 1962, Reception No. 1962-069804, Lane County Oregon Deed Records. 10. Easements for utilities over and across the premises formerly included within the boundaries of North 48th Street now vacated, as set forth in Vacation Ordinance recorded September 23, 1965, Reception No. 1965-019891, and recorded October 1, 1965, Reception No. 1965-020964, Lane County Oregon Deed Records. 11. Access restrictions, including the terms and provisions thereof, in deed from Weyerhaeuser Company to State of Oregon, by and through its State Highway Commission, recorded June 22, 1966, Reception No. 1966-051679, Lane County Oregon Deed Records. 12. Easement, including the terms and provisions thereof, granted to The City of Springfield, by instrument recorded September 28, 1966, Reception No. 1966-062063, Lane County Oregon Deed Records. 13. Easement, including the terms and provisions thereof, granted to The City of Springfield, by instrument recorded September 28, 1966, Reception No. 1966-062064, Lane County Oregon Deed Records. 14. Easement, including the terms and provisions thereof, granted to City of Eugene, by and through the Eugene Water and Electric Board, by instrument recorded September 18, 1970, Reception No. 1970-020565, Lane County Official Records. 15. Easement, including the terms and provisions thereof, granted to City of Eugene, for the use and benefit of the Eugene Water & Electric Board, by instrumentrMeRmeived 11, 1978, Reception No. 1978-002130, Lane County Official Records. DEC 28 2037 Original Submi lal \ _ - Order No. 0301796 Page 3 16. Easement, including the terms and provisions thereof, granted to City of Eugene, for the use and benefit of the Eugene Plater & Electric Board, by instrument recorded January 11, 1978, Reception No. 1978-002132, Lane County Official Records. 17. Easement, including the terms and provisions thereof, granted to City of Eugene, for the use and benefit of the Eugene Water & Electric Board, by instrument recorded August 29, 1978, Reception No. 1978-059173, Lane County Official Records. 18. Easements, notes, conditions and restrictions shown, set forth, and/or delineated on the recorded Plat of Land Partition Plat No. 2002-P1634. 19. Covenants, conditions, restrictions and easements, including the terms and provisions thereof (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) in Deed recorded April 30, 2003, Reception No. 2003-038891, Lane County Deeds and Records. 20. Reservation of easements, including the terms and provisions thereof, as set forth in deed recorded April 30, 2003, Reception No. 2003-038891, Lane County Deeds and Records. 21. Unrecorded Rail Services Agreement, including the terms and provisions thereof, between Weyerhaeuser Company and SierraPine, disclosed by deed recorded April 30, 2003, Reception No. 2003-038891, Lane County Deeds and Records. 22. Agreement regarding water development charges, including the terms and provisions thereof, between SierraPine, a California Limited Partnership, and Springfield Utility Board Acting by and through the City of Springfield, recorded April 21, 2004, Reception No. 2004-029032, Lane County Deeds and Records. 23. The rights of tenants holding under unrecorded leases. 24. A copy of the Partnership Agreement of SierraPine, a California limited partnership, should be furnished to Cascade Title Company for the purpose of ascertaining partners authorized to execute on behalf of the partnership. 25. Our examination of the title to the subject property discloses no open Trust Deeds or Mortgages of record. The accuracy of this conclusion should be confirmed in writing prior to closing of the proposed transaction. 26. A copy of the Operating Agreement of 48th ST LLC, including any amendments thereof, should be furnished to Cascade Title Company for the purpose of ascertaining members authorized to execute on behalf of the Limited Liability Company. 27. Prior to writing an ALTA MORTGAGEE'S policy, Cascade Title Company should be furnished with a statement as to parties in possession and as to any construction, alterations or repairs to the premises within the last 75 days. We also request that we be notified in the event that any funds are to be used for construction, alterations or repairs. Exception may be taken to such matters as may be shown thereby. 28. An accurate survey of these premises showing boundary lines, and location of improvements and easements, should be furnished for our file prior to our writing an ALTA Mortgagee's Policy. Exception may be taken to such matters as may be shown thereby. 29. We are advised that a partitioning is in process; this report will be amended at such time Cascade Title Company is provided a legal description ofyyh�.e��yyin nded,parcpl. Said amended report may be subject to additional matters as may b�tEY3$�.a9l03ed by the partitioning. DEC 28 2017 Original Submittal Order No. 0301796 Page 4 NOTE: The property address as shown on the Assessor's Roll is: 800 48th Street Springfield, OR 97478 NOTE: Taxes, Account No. 1668613, Assessor's Map No. 17 02 28, 4902, Code 19-00, 2017-2018, in the amount of $96,275.76, PAID IN FULL. Taxes, Account No. 1400504, Assessor's Map No. 17 02 28, #902-901, Code 19-00, 2017-2018, in the amount of $0.00, EXEMPT. (Improvement Only Account -Assessed to EWEB) Taxes, Account No. 1505757, Assessor's Map No. 17 02 28, #902-902, Code 19-00, 2017-2018, in the amount of $204.97, PAID IN FULL. (Improvement Only Account -Assessed to CBS Outdoor Inc.) Taxes, Account No. 1833878, Assessor's Map No. 17 02 28, #902-904, Code 19-00, 2017-2018, in the amount of $4,859.57, PAID IN FULL. (Improvement Only Account -Assessed to Sabalito LLC) Taxes, Account No. 1851581, Assessor's Map No. 17 02 28-, #902-905, Code 19-00, 2017-2018, in the amount of $2,912.17, PAID IN FULL. (Improvement Only Account -Assessed to SierraPine) Taxes, Account No. 5636939, Assessor's Map No. 17 02 28, #902, Code 19-00, 2017-2018, in the amount of $2,478.31, PAID IN FULL. (Personal Property Account Assessed to Sabalito LLC). NOTE: A judgment search has been made on the above named Vestee(s), and we find NONE except as set forth above. NOTE: As of the date hereof, there are no matters against 48TH ST LLC, AN OREGON LIMITED LIABILITY COMPANY , which would appear as exceptions in the policy to issue, except as shown herein. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: This report is being supplemented to update the taxes and copy list. NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. nj: Title Officer: ALEXANDRA LEWIS Cc: C. W. WALKER & ASSOCIATES ATTN: MATT HOGAN Cc: 48 ST LLC .ATTN: JIM LAMBERT/JOHN PETERSON Cc: SIERRAPINE ATTN: JEFF JOHNSON/GARY BLANC Cc: CITY OF SPRINGFIELD Cafe Received DEC 28 2017 original Submittal