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HomeMy WebLinkAboutDeed APPLICANT 5/1/2020AFfFN fiEGOR0ING RETURN TO- CkS ETITLE COMPANY 8111111METTE ST., EUGENE, OR 91401 c-ro3ool(ao NLN AF"1'ER RECORDING RETURN T'O: Patricia L. Chapman Gleaves Swearingen LLP 975 Oak Street. Suite 800 Eugene, Oregon 97401 Lane County Clerk �O�qY.001100 Lane County Deeds and Records 1111111111111111111111111111111111111111111111111 8672 01697504201800017000050054 01/12/2918 09;23;54 QM RPR -DEED Cnt=1 Stn=9 CASHIER 11 $25.00 $11.00 $21.00 $10.00 OREGON STATUTORY SPECIAL WARRANTY DEED KENDALL DEVELOPMENT GROUP, L.L.C., an Oregon limited liability company. Grantor, conveys and specially warrants to KAROTKO, LLC, an Oregon limited liability company, Grantee, the real property more particularly described on Exhibit A attached hereto, free of encumbrances created or suffered by the Grantor except as set -forth on Exhibit B attached hereto. The true consideration for this conveyance is $1.250,000. Until a change is requested, all tax statements are to be sent to the following address: C Q i 1 Tax Account Numbers: 1662673 and 1662665 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON 'TRANSFERRING FEE ITTLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS. IF ANY, UNDER ORS 195300. 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11. CHAPTER 424, OREGON LAWS 2007, SEC'T'IONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2'1'0 7, CHAPTER S. OREGON LAWS 2010. THIS INSTRUMENT DOES NOTALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THF: PERSON ACQUIRING FEE 'TITLE TO THE PROPERTY SHOULD CIIECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING 'I'RANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010. TO VERIFY THE APPROVED USES OF HIE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUIFS AGAINST FARMING OR FORES"I PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOU"1' THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS OREGON S'T'ATUTORY SPECIA I. WARRAN'rY DEED Paec I at 2 195.300. 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 -I'D 11, CHAPTER 424, OREGON LAWS 2007. SECTIONS 2 TO 9 AND 17. CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2'IY) 7. Cl IAPTEI2 8. OREGON LAWS 2010. Dated: KENDALL DEVELOPMENTGROUP. L.L.C., anOrego imited liabili v e(y 7,' By; David E. Ble ett, Manager SI'ATE OP OREGON ss. County of Lane ) The foregoing instrument was acknowledged before me this 10 day of January, 2018, by David E. Blewett, Manager of Kendall Development Group, L.L.C. Notary Public for Oregon OFFICIAL STAMP CHRISTIE DAWN AM NOTARY Pum COREGON COMMISSION NO.96331] MY COMMISSION EXPIRES JUNE 12.2021 OREGON S"1"A'I a TORY SPECIAL. WARRANTY DEED Page 2 oft EXHIBIT A PROPERTY DESCRIPTION PARCEL 1: Parcel 2 of Land Partition Plat No. 91-PO112, filed December .`., 1991, in Lane County Official Records, in Lane County, Oregon. PARCEL 2: Beginning at the iron red marking the Northwest corner of Parcel 2 of Lane County Land Partition No. 91-PO172 being on the Southerly right-of-way line of South "A"; thence, South 78' 58' 00" East 304.25 feet along the South right -of -'.way line of South "A" to the reinforcing rod mark.i.ng the Northeast corner of said Parcel 2; thence, South 78' 56' 00" East 551.09 feet along the South righ-o'-way line of South "A" to a point; thence, South 79' 58' 00" East 66.93 feet continuing along said Southerly right-of-way line to a point; thence, continuing 50.00 feet along said Southerly right-of-way line as it follows the arc of a curve to the left having a radius of 5759.58 feet ton reinforcing rod marking the Northeast corner of that tract described in that deed filed at Real 1009R, Instrument No. 794-274'x, Lane County, Oregon Official Records which bears South 80" 12' 55" East 50.100 fact from the last described point; thence, South 11' n2. 00" West 170.00 feet along the East line of the last above described tract to a reinforcing rod marking the. Southeast corner thereof; thence, North 78' 58' 00" Nest 40.00 feet along the South line cf said tract to a reinforcing rod narking an angle point therein; thence, South 86" "6' Of." West 184.80 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, North 76' 58' 00" West 213.45 feet along the South line of said tract being a line parallel with the Northerly line of Parcel ' of said partition (being the South right-of—way line of .South "A") to a reinforcing rod set on the Southerly projection of the East right-of-way line of beventh Street; thence, North 0' 20' O6" East 40.00 feet along the South line of said f ract being said Southerly projection of the East line of Seventh Street to areinforcin•_t rod; tl-:once, North 78' 58. 00" Nest 387.14 feet along the South line of said tract being a line parallel with said Northerly line of Parcel 2 to a "PK" nail and washer set on the Southerly projection of the East right -or -way line of Sixth Street; thence, South 87' 46- 3P," West 230.65 feet along the South line of said tract to a reinforcing rod marking the angle point in the North Line of Parcel 1 of said -artition; thence, North 2° 13' 48" East 218.9° feet along the North line of said Partition to an angle point in the North line of said Partition Plat on the South right-of-way line of South "A"; thence, 41.92 feet alona said North line and said right-of-way line as it fellows the arc of a curve to the right havina a radius of 1879.86 feet to a point which bears South 8e' 06' 20" East 41.92 feet from the last described point; thence, South 82' 08' 00" East 99.68 feet continuing along said North line and said right-of-way line to a point; thence, South RO' Oa' 00" East 99.23 feet continuing along said North line and said right-of-way line to a point; thence, South 79' OS' 00" East 99.74 feet continuing along said North line and said right-of-way line to a point; thence, South 78' 58. 00" East -73.30 feet to the point of beginning, in Springfield, Lane (`ounty, Oregon. EXCEPTTHEREFROM Parcel 2 of Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records. Exhibit A Page 1 I:►v:ntEllrll Exceptions 1. Rights of the public to any portion of the Land lying within the area commonly known as South "A" Street (McKenzie Highway). 2. Easements, notes, conditions, restrictions, and spur tracks as shown, set fixth, and/or delineated on the recorded Plat of Land Partition Plat No. 91-P0172, filed December 5. 1991. Lane County Official Records. 3. Easement Agreement, including the terns and provisions thereof, between Southam Pacific 'transportation Company, a Delaware Corporation, Grantor, and the City of Springfield, recorded October 31, 1996, Reception No. 1996-073368, Lane County Official Records. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto. as granted in a document: Crmted to: Reconstruction Finance Corporation Purpose: Water and sewer line Recording Date: November 30, 1951 Recording No: 61683 5. Limited access to and from the land as set forth in Deed shown below, which provides that there shall be no right of easement or right of access to, from or across the State Highway other than as expressly provided for in said Deed: Grantor: Southern Pacific Company. a corporation of the State of Delaware Grantee: State of Oregon, by and through its State Highway Commission Recording Data May 29, 1953 Recording No.: 4968 6. Matters contained in that certain document Entitled: Agreement Dated: November I, 1945 Executed by: Southern Pacific Company, a corporation, its successors and assigns and Reconstruction Finance Corporation, a corporation Recording Date: December 22, 1951 Recording No.: 63323 Reference is hereby made to said document for full particulars. PAU I 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat: Purpose: Public Utility Easement and Storm Sewer Easement 8. Reservation, exception or other severance of minerals. contained in or disclosed by instrument, In luvor of: SP Pacific Properties Inc., a corporation duly organized and existing under the laws of the State of Delaware Reservation ot`. all minerals and mineral rights, interests, and royalties, including without limiting the generality thereof, oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals Recording Dale: December 23. 1991 Recording No.: 91-61914 9. Minerals and mineral rights as reserved by SP Pacific Properties, Inc., in deed recorded December 23, 1991, Reception No. 1991-061914, and deed recorded December 30, 1998, Reception No. 1998-104003. Lane County Official Records. 10. Matters contained in that certain document Fraitled: A&, eentent Dated: October 9, 1996 Executed by: Southern Pacific Transportation Company. a Delaware corporation and the City of Springfield Recording Date: October 31, 1996 Recording No: 1996-73368 Which provides for, among other things: Sewer pipe line and maintenance. Reference is hereby made to said document for full particulars. An Ordinance Approving the Springfield Downtown Urban Renewal Plan and Report. including the terms and provisions thereof, City of Springfield Ordinance No. 6210, by instrument recorded December 7, 2007, Reception No. 2007-081042, Lane County Deeds and Records. 12. Easement Deed by Court Order in Settlement of Landowner Action, including the terms and provisions thereof, recorded September 12, 2013, Reception No. 2013-049553, Lane County Deeds and Records. 13. Easements, if any, lying within the tanner Railroad Right -of -Way. Exnairr B PAca2 TW ne PRELIMINARY TITLE REPORT 2ND SUPPLEMENTAL CASCADE ESCROW December 7, 2017 ATTN: MELISSA MITCHELL Report No: 0300160 811 WILLAMETTE STREET Your No: EU17-0471 EUGENE, OR 97401 Seller: KENDALL DEVELOPMENT GROUP, LLC Buyer: KAROTKO LLC PRELIMINARY REPORT FOR: Owner's Standard Policy $1,250,000.00 PREMIUMS: Owner's Standard Premium Gov. Lien/Inspect Fee Temporary Billing $2,475.00 $35.00 $225.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(les) of CHICAGO TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: ( A T T A C H E D) Vestee: KENDALL DEVELOPMENT GROUP, LLC An Oregon Limited Liability Company Estate: FEE SIMPLE DATED AS OF: DECEMBER 04, 2017 at 8:00 A.M. Schedule B of the policy(les) 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. 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. No liability is assumed hereunder until policy has been issued andfull policy premium has been paid. MAIN OFFICE FLORENCE OFFICE VILLAGEPLAEAOFFICE 811 WE.LAIvfl•:1TE ST. 715H 101' FLORENCE OREGON 97439 47M0 LAGEPL LOOPSUITE100 EUGENE OREGON 97401 MAILING: PO BOX 508 "FLORENCE OREGON 97439 EUGENE, OREGON 97401 PH: (541) 687-2233' FAX: (541)4854)M7 PH: (541) 999-8419' FAX: (541)999-8246 PH: (541) 653-8622' FAX: (541) 8441626 E-MAIL: MO(rM'ASCADET TLE.COM E-MAIL: PLORE4CEGDCASCADELNLE.COM EMAIL: VILLAGEPLAZA(D CADETITLEOOM Order No. 0300160 Page 2 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. Easements, notes, conditions, restrictions, and spur tracks as shown, set forth, and/or delineated on the recorded Plat of Land Partition Plat No. 91-P0172, filed December 5, 1991, Lane County Official Records. 7. Easement Agreement, including the terms and provisions thereof, between Southern Pacific Transportation Company, a Delaware Corporation, Grantor, and the City of Springfield, recorded October 31, 1996, Reception No. 1996-073360, Lane County Official Records. B. Minerals andmineral rights as reservedby SF Pacific Properties, Inc. , indeed recorded December 23, 1991, Reception No. 1991-061914, and deed recorded December 30, 1998, Reception No. 1998-104003, Lane County Official Records. 9. An Ordinance Approving the Springfield Downtown Urban Renewal Plan and Report, including the terms and provisions thereof, City of Springfield Ordinance No. 6210, by instrument recorded December 7, 2007, Reception No. 2007-081042, Lane County Deeds and Records. 10. Easement Deed by Court Order in Settlement of Landowner Action, including the terms and provisions thereof, recorded September 12, 2013, Reception No. 2013-049553, Lane County Deeds and Records. 11. Amendments or modifications, if any, to the Operating Agreement of Kendall Development Group, LLC, an Oregon limited liability company, subsequent to December 31, 2010, should be furnished to Cascade Title Company for the purpose of ascertaining members authorized to execute on behalf of the Limited Liability Company. NOTE: The property address as shown on the Assessor's Roll is: 705 South A Street Springfield, OR 97477 NOTE: Taxes, Account No. 1662673, Assessor's Map No. 17 03 35 3 1, 413600, Code 19-99, 2017-2018, in the amount of $4,873.50, PAID IN FULL. Taxes, Account No. 1662665, Assessor's Map No. 17 03 35 3 1, 413500, Code 19-99, 2017-2018, in the amount of $15,828.48, PAID IN FULL. Taxes, Account No. 4012082, Assessor's Map No. 17 03 35 3 1, 913500, 2017-2018, in the amount of $0.00, PAID IN FULL. (improvement only account) NOTE: A judgment search has been made on the above named Vestee (s) , and we find NONE except as set forth above. 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 taxes, copy list, policy and premium amounts, and add buyer name. Order No. 0300160 Page 3 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: TYLER YORK Cc: KAROTKO, LLC Attn: MIKE KAROTKO Cc: KENDALL DEVELOPMENT GROUP, L.L.C. ATTN: DAVE HLEWETT/DEAN PAPE Cc: TONKON TORP ATORNEYS, LLP ATTN: MORRIS S. GALEN Cc: GLEAVES, SWEARINGEN, LARSEN, POTTER, Order No. 0300160 Page 9 I�:PIYoI:YIY�Ho1.YN:YY9IYP]01 PARCEL 1: Parcel 2 0£ Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records, in Lane County, Oregon. PARCEL 2: Beginning at the iron rod marking the Northwest corner of Parcel 2 0£ Lane County Land Partition No. 91-P0172 being on the Southerly right-of-way line of South "A"; thence, South 78 ° 58' 00" East 309.25 feet along the South right-of-way line of South "A" to the reinforcing rod marking the Northeast corner of said Parcel 2; thence, South 78° 58' 00" East 51.09 feet along the South right-of-way line of South "A" to a point; thence, South 79° 50' 00" East 66.93 feet continuing along said Southerly right-of-way line to a point; thence, continuing 50.00 feet along said Southerly right-of-way line as it follows the arc of a curve to the left having a radius of 5759.58 feet to a reinforcing rod marking the Northeast corner of that tract described in that deed filed at Reel 1009R, Instrument No. 7992793, Lane County, Oregon Official Records which bears South 80° 12' 55" East 50.00 feet from the last described point; thence, South 11° 02' 00" West 170.00 feet along the East line of the last above described tract to a reinforcing rod marking the Southeast corner thereof; thence, North 78° 58' 00" West 90.00 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, South 86° 26' 00" West 189.80 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, North 78° 58' 00" West 213.95 feet along the South line of said tract being a line parallel with the Northerly line of Parcel 2 0£ said partition (being the South right-of-way line of South "A") to a reinforcing rod set on the Southerly projection of the East right-of-way line of Seventh Street; thence, North 0° 28' 06" East 90.00 feet along the South line of said tract being said Southerly projection of the East line of Seventh Street to a reinforcing rod; thence, North 78° 58' 00" West 387.19 feet along the South line of said tract being a line parallel with said Northerly line of Parcel 2 to a "PK" nail and washer set on the Southerly projection of the East right-of-way line of Sixth Street; thence, South 87° 46- 30" West 230.65 feet along the South line of said tract to a reinforcing rod marking the angle point in the North line of Parcel 1 0£ said Partition; thence, North 2° 13' 98" East 218.95 feet along the North line of said Partition to an angle point in the North line of said Partition Plat on the South right-of-way line of South "A"; thence, 91.92 feet along said North line and said right-of-way line as it follows the arc of a curve to the right having a radius of 1879.86 feet to a point which bears South 89° 06' 20" East 91.92 feet from the last described point; thence, South 82° 08' 00" East 98.68 feet continuing along said North line and said right-of-way line to a point; thence, South 80° 08' 00" East 99.22 feet continuing along said North line and said right-of-way line to a point; thence, South 79° 08' 00" East 99.79 feet continuing along said North line and said right-of-way line to a point; thence, South 78° 58' 00" East 273.30 feet to the point of beginning, in Springfield, Lane County, Oregon. EXCEPT THEREFROM Parcel 2 0£ Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records. T. CASCADE TITLE CO. MAP NO. 17-03-35-31 ? R 16900 � 1 MAIN STREET N y 1, •9 ��I „: ti/{�tFffHsLfF1f�FF/f/'{r'fh�fFHfr-/aS�iN�4'h'fF/�fff�#.S'fh'-/Fi/ fr` -_ _ .- _-._._ I 2- I \ 3i.l aq 5 nBlm r...8 i la a a \ 90 10600 i100o z0 s0 saop 3 f 1 2 3. 9 5I ;L 8 71 81 I 10300 'a .., „• \ 10301 ,r oxooi-- Will- is \ 5 13500 4 11 nc `4 ' 13600 ` fl.59A2 PCL . 2 m y. N 5 38198 PCL 2 THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.