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