HomeMy WebLinkAboutApplication APPLICANT 9/25/2020City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
6 MD
IL
Application Type (Applicant., check one)
Partition Plat Pre -Submittal: ❑ Subdivision Plat Pre -Submittal:
Partition Plat Submittal: ❑ Subdivision Plat Submittal: x
Required Project Information (Applicant., complete this section)
Applicant Name: Monkey Hero, LLC Phone: 541 896-0408
Company: Monkey Hero, LLC Fax:
Address: 42941 Leaburg Drive, Leaburg OR 97489
Applicantris Rep.: Kathy Thomas
Phone: 541-896-0408
Company: Monkey Hero, LLC
Fax:
Address: 42941 Leaburg Drive, Leaburg OR 97489
Property Owner: Monkey Hero, LLC
Phone: 541 896 0408
Company:
Fax:
Address' 42941 Leaburg Drive, Leaburg OR 97489
ASSESSOR'S MAP NO: 17023323
TAX LOT NOS : 06300
Property Address: 490 51st Street, Springfield OR 97478
Size of Pro ert :.54 acres 23,522 Sq. Ft Acres ® Square Feet
Proposed Name of Subdivision:
Description of if you are filling in this form by hand, please attach your proposal description to this application.
Proposal:
Existing Use:
I Tentative Case #:
# of Lots/Parcels:
Av . Lot/Parcel Size: sf
Densit : du/acre
Si natures: Please si nand rint our name and date in tb2_ar.Inro riate box on the next a e.
Required Project Information (City Intake Staff." Complete this section)
Associated Applications:
Pre -Sub Case No.:
Date:
Reviewed b :
II
Case No.: iy _ z- b
Cf
Date: %h
Reviewed by:
Application Fee:
Technical Fee: $ WL•5D
Postage Fee: $0
112
TOTAL FEES: $ 3-1��--�Jl�
PROJECT NUMBER:
Revised 10.14.13 kl 1 of
Owner Signatures
This application form is used for both the required pre -submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
Owner:
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
timelines, information, requests and requirements conveyed to my representative.
Date:
Signature
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
Submitted. This statement serves as written notice pursuant to the requirements of ORS 22].1]8 pertaining to a
complete application.
Date: 07/30/2020
Signa re
Revised 10.14.13 kl 2 of 6
Land Division Plat Application Process (see next page for a diagram of this process)
1. Applicant Submits a Land Division Plat Application for Pre -Submittal
• The application must conform to the Land Division Plat Pre -Submittal Requirements
Checklist on pages 4-6 of this application packet.
• A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal
meetings are conducted every Tuesday and Friday, from 10:00 am - noon.
• Planning Division staff strives to conduct pre -submittal meetings within five to seven
working days of receiving an application.
2. Applicant and the City Conduct the Pre -Submittal Meeting
• The applicant, owner, and design team are strongly encouraged to attend the pre -
submittal meeting.
• The meeting is held with representatives from Public Works Engineering and
Transportation, Community Services (Building), Fire Marshall's office, and the Planning
Division and is scheduled for 30 to 60 minutes.
• The Planner provides the applicant with a Pre -Submittal Checklist specifying the items
required to make the application complete if it is not already complete, and the
applicant has 180 days submit a complete application to the City.
3. Applicant Submits a Complete Land Division Plat Application
• When the applicant has addressed all items on the Pre -Submittal Checklist and the
City Surveying Section has notified the applicant's surveyor that the plat and other
documents are sufficiently refined, the applicant can submit a complete application to
the City Survey Section located in the NW Quad of City Hall.
• The application must conform to the Land Division Plat Submittal Requirements
Checklist on page 6 of this application packet.
• If the submittal is deemed complete, the City Survey Section will sign -off on the City
Survey approval sheet and send the applicant to the Development & Public Works
Department for application submittal and fee collection.
• Planning staff checks and signs the mylars.
4. Applicant Records Plat at Lane County & Submits Plat and Documents to City
• After Planning staff checks and signs the mylars, the plat may then be recorded by the
applicant's surveyor at Lane County.
• After plat has been recorded at Lane County, applicant submits five (5) recorded, rolled
paper copies of the plat and three (3) copies of required documents to the
Development & Public Works Department prior to the issuance of building permits.
Revised 10.14.13 kl 3 of 6
LAND DIVISION PLAT APPLICATION PROCESS
Applicant submits land division plat application for pre -submittal
(See Land Division Plat Pre -Submittal Requirements Checklist)
City departments review application for completeness and hold pre -submittal meeting to
discuss completeness issues with applicant and applicant's representatives.
Applicant addresses incomplete items. City Surveyor checks application and returns
comments to applicant's surveyor.
FApplicant's surveyor corrects plat City Surveyor conducts field check and
and returns to City Surveyor, returns comments to applicant's surveyor
Applicant's surveyor sets new monuments
and flags existing ones.
Once no errors appear on the plat and a current title report is submitted, applicant's
surveyor is given ok to submit complete land division plat application.
After ok given from City Surveyor and applicant has addressed all incomplete items from
pre -submittal, applicant submits complete application to the City Survey Section
(See Land Division Plat Submittal Requirements Checklist)
City Survey Section signs -off on City Survey approval sheet and sends the applicant to the
Development & Public Works Department for application submittal and fee collection.
Planning staff checks and signs mylars and notifies applicant's surveyor of approval.
Applicant takes plat and accompanying documents to Lane County for recording.
Applicant brings copies of recorded plat and documents to Development & Public Works
Revised 10.14.13 kl 4 of 6
Land Division Plat Pre -Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. Any applicable application, technology, and postage fees, are
collected at the pre -submittal and submittal stages.
❑ Land Division Plat Application Form
❑ Letter Addressing Conditions of Approval - lists and addresses each condition of
approval, detailing the actions taken and current status of each item.
❑ Five (5) Paper Copies of the Plat stamped and signed by the surveyor.
❑ Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all
common areas, dedicated areas, and easement areas that are not simple parallel offsets.
❑ Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being
divided. The title report must be dated within 30 days of submittal at the time of the final
submittal. An older report is OK at the pre -submittal stage.
❑ Two (2) Copies of Each of the Reference Documents and Plats listed on the plat.
❑ Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest
title to the owner listed on the plat), existing easement deeds, and documents listed as
exceptions in the title report, etc.
❑ Two (2) Draft Copies of any street dedications.
❑ Two (2) Draft Copies of Any New Easements or Restrictions being created by
separate document, improvement agreements, maintenance agreements, joint use
ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other
documents that will be recorded together with the plat or that are required by the
Conditions of Approval.
❑ Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by
the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by
separate document is required from all Trust Deed, mortgage, or other secured loan
interest holders against the property to be recorded simultaneously with the plat IF any
public dedications or easements are being made and/or any other interests are being
transferred to the public per ORS 92.075 (2-4).
❑ Copies of wetland Documents as required.
❑ Copies of COOT Access Permits as required.
❑ Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
❑ Verification that Street Tree Agreement is in Progress as required.
❑ Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as
required.
Revised 10.14.13 kl 5 of 6
❑ Post Monumentation Deposit as required for subdivisions only. City Survey Section
has current fee schedule and templates.
❑ Location of Any Floodways in accordance with SDC 3.3-400.
❑ Existing Easements Clearly Identified with Their Recorded Reference.
❑ New Easements and Reserve Strips Referenced in Owner Certificates of
Dedication and Purposes of Easements Identified on Plat.
NOTE: When, as part of the approval process, the application has been conditioned so that the
recordation of a document is required, the applicant shall be responsible for paying tF�e Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right -of -Way.
Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
® Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. The application, technology, and postage fees, where applicable, are
collected at the time of complete application submittal.
® Land Division Plat Application Form
® Two (2) Copies of the Deed
® Two (2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
x❑ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp.
***From Jon Oakes, surveyor, after receiving any notes from the City and County Surveyors
® Copy of the Mylar on Bond Paper
Prom Jon Oakes, surveyor, after receiving any notes from the City and County Surveyors
® Original and Copy of all Required Documents with signatures where appropriate.
***From Jon Oakes
Revised 10.14.13 kl 6 of 6
SMIN6i
�00.EOON
Name of Plat: Monkey Hero Subdivision
Titles of required documents:
Z Original signed plat on acid -free archivable bond paper (2 pages)
2T Original signed "Affidavit of Consent" (1 page)
2' Original signed "Declaration of Access and Utility Easement and
Maintenance Agreement" (4 pages)
,(3 Current Title Report
7 Vesting Deed
O A copy of each of the previous for Planning
A Final Plat Application Form and Fee
Mer recording,
return to City:
Sincerely, S Plat Copies (Rolled)
3 Rec. Doc. Copies
Don't foldl
City Instructions: This form is to accompany the plat and the supporting documents to the Public Works Department of the
City of Springfield at the time of final plat submittal. The purpose is primarily to notify the planning office that the Surveying
Division has received all the documents it requires for final plat submittal.
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County Instructions: 'Phis form is to accompany the plat and the supporting documents to the Lane County Surveyor's
Office at the time of final submittal for recording The purpose is primarily to notify that of es, of which items need to he
recorded simultaneously with the plat, but it also serves to remind the developer/surveyor that these doewnents need w be
included in the final submittal package to the County Surveyor.
C:Ujw.s\sm....P ppnxUppnaN\lavit icmeohl\Wmtlaws\lNeCaobe\C ole I,Ounaok\S2364P2L'Monkey Hem suMlv¢Ion Sobinuol,doox
Aker recording return to:
Kathy Thomas
42941 Leaburg Dr.
Leaburg OR. 97489
Unless a change is requested
Mail all tax statements to:
No change
DECLARATION OF A PRIVATE JOINT ACCESS
AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT
RECITALS:
Whereas: Monkey Hero LLC (DECLARANT) is the owner of a certain tract of real property
located in the Northwest 1/4 of Section 33 in Township 17 South, Range 2 West of the
Willamette Meridian and being more particularly described as follows%
Lot 1, Block 4 Simmons Addition as platted and recorded in Book 12, Page 26
Lane County Oregon Plat Records, all in Lane County Oregon.
Except: that portion conveyed to the City of Springfield by a Bargain and Sale
Deed recorded July 11, 1997 Recep. No. 97-046479 Lane County Oregon Deeds
and Records.
Whereas: The DECLARANT is replatting the above described property into four(4) lots as
approved by the City of Springfield Planning Department under Case No. 811-20-000098-TYP2.
Said plat to be known as Monkey Hero Subdivision, as platted and recorded
2020, Reception No. 2020- Lane
County Oregon Deeds and Records.
Whereas: The DECLARANT wishes to establish the rights and responsibilities for the shared
use of a common driveway located on portions of Lot 2 and Lot 4, for access to and from Lot 2,
Lot 3 and Lot 4 to 51" Street, a public road.
Therefore: By and through this instrument the DECLARANT does hereby declare and establish,
a perpetual nonexclusive joint access and utility easement over a strip of land, 20.0 feet in width,
for the mutual benefit of Lot 2, Lot 3 and Lot 4 of the above mentioned Monkey Hero
Subdivision, said strip being more particularly described as follows:
Beginning at the southeast corner of Lot 1, Block 4 of Simmons Addition as platted
and recorded in Book 12, Page 26 Lane County Oregon Plat Records, said point
being on the west margin of 5 V Street , 30.0 feet westerly of, when measured at
right angles to the centerline of 51 " Street; thence along the west margin of 51"
Street North 00°13'31" East 110.93 feet to the True Point of Beginning; thence
leaving said westerly margin and running South 85000'00" West 35.10 feet; thence
August 31, 2020
4792-EOI.docx Page 1 of 4
South 89046'51" West 33.81 feet to the southeast corner of Lot 3 of the
aforementioned Monkey Hero Subdivision; thence along the east boundary of said
Lot 3 North OWI 2'13" West 20.00 feet; thence leaving said east boundary and
running North 89°46'51" East 32.97 feet; thence North 85°00'00" East 36.10 feet to
a point on the westerly margin of 51" Street, said point being 30.00 feet westerly of,
when measured at right angles to the centerline of 51" Street; thence along the said
westerly margin South 00°13'31" West 20.08 feet to the True Point of Beginning, all
in Lane County Oregon.
This Declaration of Easement is made on the following terms:
2.1 RECITALS. The above Recitals arc deemed true and correct and are incorporated
herein by reference.
22 PURPOSE. The easement is created to provide for pedestrian and vehicular ingress
and egress from Lot 2, Lot 3 and Lot 4 to the public road, as well as the extension of private
utilities to serve Lot 2, Lot 3 and Lot 4. The easement area is also intended to provide emergency
vehicle access to the benefitted lots.
2.3 USE OF THE BURDENED PROPERTY. The owners of the Lots burdened by this
casement. or their heirs, administrators, executors, successors and assigns shall at all times and
without reservation have the right to use the access drive and the area described as the Easement
Area for any lawful purpose, not inconsistent with the benefitting properties full enjoyment of
the rights herein granted.
2.4 PRIVATE GRANT. The easement created by this instrument does not constitute a
dedication or grant for public use.
2.5 MAINTENANCE AND REPAIRS. The Owners of Lot 2, Lot 3 and Lot 4 shall
share equally in the cost of maintenance of the existing shared access drive roadway. However,
any damages caused solely by the negligence or misuse of the easement area by the owner or
their invitees of a specific Lot, shall be the sole responsibility of the negligent party. The
Declarant does hereby incorporate the provisions of ORS 105.175 and ORS 105.180 into this
easement document. All maintenance and repair work is to be performed by a licensed, bonded
contractor and the access drive shall be restored to a condition equal to or better than the original
improved condition of the access drive once the maintenance or repair has been completed. In
the event one owner does not pay its share of the maintenance and or repair as required above,
the other owners have the right to pay for the required maintenance or repair, and any moneys
advanced in the foregoing situation shall bear interest at three points above the prime rate for a
typical 30 year single family residential loan at the time the maintenance or repair occurred.
Interest shall commence as of the date the money is expended. The owner that has paid for the
maintenance or repair shall submit a billing request for the cost of work done mid paid for. If the
other owner has not paid within 30 days of the date of billing; then the amount due shall become
a lien on the appropriate property and interest shall accrue until the balance is paid in Rill. The
owner holding the lien shall have the right to record such lien on that property.
August 31, 2020
4792-EOI.doex Page 2 of 4
2.6 TAXES. The Owner of Lot 2 and Lot 4 shall be responsible for the real property
taxes associated with that portion of the easement area located on their individual lots.
2.7 INDEMNITY.. Each user of the access and utility easement shall assume all risks
arising out of its use of the Easement Area. The owners of Lot 2, Lot 3 and Lot 4 agree to save
and hold the other harmless from any third -party claim, cost, damage, or expense of any kind or
nature arising out of or related to any negligent or wrongful act or omission occurring during the
course of exercising the rights granted herein by an individual owner or its successors, assignees,
or invitees.
2. 8 BINDING EFFECT. The terms and conditions of this Joint Access Easement and
Maintenance Agreement shall run with the land and shall extend to and be binding upon and
inure to the benefit of the respective heirs, successors and assigns of the parties identified herein.
2.9 WAIVER. The possible invalidity of any portion of this easement shall not prevent
the remaining terms or conditions of this agreement from being required or carried out.
2.10 AGREEMENT. This agreement contains the entire agreement of the Parties with
respect to this easement. There shall be no modifications or alterations to this agreement, unless
in writing and signed by all the parties named herein.
2.11 ARBITRATION. In the event that there is controversy over this easement or the
terms of this agreement, the Grantor and Grantee agree to settle the dispute by arbitration in
Eugene, Oregon in accordance with the provisions of O.R.S. 36.300 to 36.365. Anyjudgment on
the arbitration award may be entered in any court having jurisdiction over the subject matter of
the controversy. In the event that arbitration is not accomplished and a suit or action is taken to
enforce any of the terms of this grant of easement and maintenance agreement, the prevailing
party in such suit or action shall be entitled to the costs and disbursements allowed by law, as
well as such sums the court shall deem reasonable as attorney's fees; and in the event there is an
appeal of the decision of the trial court, such further sum as may be fixed by the court as
reasonable attorney's fees. Any and all litigation arising under the terms of this agreement shall
be commenced and tried in the Circuit Court of the State of Oregon for Lane County and the law
of the State of Oregon shall be the law used in determining the rights of the parties under the
terms of this agreement.
All provisions of this instrument, including the benefits and burdens, are binding on and more to
the heirs, successors, assigns, transferees, and personal representatives of all parties who own
any of the properties as described herein.
In Witness Thereof, the undersigned has declared and entered into this Joint Access Easement
and//Maintenance Agreement this ,,2 q day of �4o4l'Llf . 20,�Lo .
Kathy Thomas, Managing Member
Monkey Hero LLC
* Notary acknowledgement on following page
August 31, 2020
4792-F.OI Accx Page 3 of 4
STATE OF OREGON)
) as.
County of Lane )
On the day ofP"" ` 20--20 , personally appeared before me
the above named Kathy Thomas, personally known to me or proven to me by satisfactory
evidence to be the same person who executed the foregoing instrument in her authorized capacity
as Managing Member of Monkey Hero LLC and acknowledged the same to be her voluntary act
and deed. Before me:
p FFCRCw srauR
4Lacc, 4U¢ tin REBECCA SUE BAFKMN
NOTARY PUBLIC -OREGON
Notary Public for Oregon 6ttc slioN EO.�'NPIREOS',,985468PRIL 14. 2px1
My commission Expires:. /y, w-,
August 31, 2020
4792-EOl.docx Page 4 of 4
After Recording Return To:
Kathy Thomas
42941 Leaburg Dr.
Leaburg, OR. 97489
AFFIDAVIT OF CONSENT
PacWest Funding Inc dba Precision Capital, beneficiary under that certain Deed of Trust,
Assignment of Leases and Rents, Fixture Filing and Security Agreement(Commercial) executed
by Monkey Hero LLC, dated and recorded April 3, 2020 as Instrument No. 2020-016531 Lane
County Oregon Official Records, assigned their beneficial interest to The Oregon Fund LP under
an Assignor of Trust Deed by Beneficiary recorded July 14, 2020 Recep. No. 2020-037103
Lane Co Oregon Deeds and Records and The Oregon Fund LP does hereby consent to the
plattin e property described in the above referenced Deed of Trust.
Prid(Name: /%%,VICIS ,1
Title: iY,7ECi7J.� (�%' LEND/�YJ7
State of Oregon )
) SS
County of Lane )
On this a'Y day ofYnb(,(Z , 2020 there personally appeared before me, a
notary public for the said county and state, the herein named alari sI<, Craiy
who being known to me (or proved to me on the basis of satisfactory evidence) to be the same
person whose time is subscribed to the within instrument acting in authorized capacity
as Director of Le of of The Oregon Fund LP and acknowledged to me
that by h 2l signature on the instrument the person or the entity upon behalf of which the
person acted, executed the instrument as a voluntary act and deed.
Witness my hand and official notary stamp.
1 OFFIC WL STAMP
REBECCA SUE BARTON
Not Public for Oregon NOTARY PUBLIC -OREGON
Notary g COMMISSION NO.985459
Mycommissionexpires: �nL ;9�,ZBd3 MYcaWIMI0N€VIN€9APwtt4.nu
RECORDING REQUESTED BY:
W e stern Suite 4r,r,P,.
497 ne, OR Road.97401 swim 340
Eugene, OR 8]401
GRANTOR'S NAME:
Estate or Clinton O. King
ORMNTEE'S NAME:
Monkey Hero, LLC
Monkey Hero, LLC, en
Oregon limited liability company
42941 Leebul9 Drive
Leabur8, OR 97489
SEND TAX STATEMENTS TO:
Monkey Hero, LLC
42941 Lesions Drive
Lesions, OR 97458
Lane County Clerk 2020-016530
Lane County Deeds & Records
04/03/2020 02:06:33 PM
RPR -DEED Cnt=1 SN -9 CASHIER 08 2pages
81000$1100$10 00 581 00 $92.00
0133270,17 02 33 23 08300
490 51st Streel, Springfield, OR 97478
SPACE MOVE 1HI3 LINE FOR RECORDER'S USE
PERSONAL REPRESENTATIVE'S DEED
Bonnie Granger, the duly appointed, qualified and acting personal representative of the estate of Clinton 0. King,
who acquired I tle as Clinton D. King, deceased, pursuant to proceedings filed in Circuit Court for Lane County,
Oregon, Case No. 20PB00752, Grantor, Conveys to Monkey Nem, LLC, an Oregon limited liability company,
Grantee, all the estate, right antl interest c( the above named deceased at the time of the deceaseds death, and
all Ne right, tide and interest that me above named estate of the deceased by operation of law or otherwise may
have acquired afterwards, in and to the following described real property:
Lot 1, Block 4, SIMMONS ADDITION, as platted and recorded in Book 12, Page 26, Lane County Oregon
Plat Records, in Lane County. Oragan.
Except therefrom that portion conveyed to the City of Springfield by Bargain and Sale Deed recorded July
11, 1997, Document No. 97-046479.
The true Consideration for this conveyance is Two Hundred! Seventy -Three Thousand Five Hundred And N01100
Dolem($273,500.00).
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND /95.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES 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 THAT THE UNIT OF LAND
BEING TRANSFERRED 18 A LAWFULLY ESTABLISHED LOT DR PARCEL, AS DEFINED IN ONE 92.010 OR
215,010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195,301 AND
105.305 TO 195.338 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND
17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
e—OlP-1 F... ellnF'.. Oa 0130, 0132'V,...
Y
CROCk I uPR. 10.10.18 Pop da ,,Tr-FFmO 775 dTMGMT0187500
PERSONAL REPRESENTATIVE'S DEED
(continued)
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set form below.
The Estate of ClinWq 0. Kin
By. 70
/0,
Bonnie Granger, Personal Repres tative Dale
State of OREGON
County of JACKSON
This Ins9ument was acknowledged Is fore me on �O.Z�1�j7Jj Uy Bonnie Granger, as Personal
Represen Ive for the Estate of ron O. King who cqui tl titletitle as ClintClinton D. King, deceased.
t U1: -S g n
My ommission Expires: OFFICOR
W, SILlR TAMP
NOTARYrT
'USLI40REGON
COMMISSION NO. 95]194
YY C99NISSION BelaB "UMB,194
Rol' "—^ R, ... x ,) R1,W oa 0120@ma Pm e' a
CRMM,dwIII1deIM'. 10.1019 Pay 1 cRW EFFNPORL547 G W701MM
/1
-Western Title,&Fscaotx
497 Oakway Road, Suite 340, Eugene, OR 97401
(541)485-3588 FAX(541)485-3597
PRELIMINARY REPORT
ESCROW OFFICER: Caryn G. Roshto ORDER NO.:
WT0190564
caryn.roshto@westerntitle.com Revision 2 -update effective date
541-434-7078
TITLE OFFICER: Karla A. Bolden
Email: titleofficemupport@westerntitle.com
TO: Western Title & Escrow Company
497 Oakway Road, Suite 340
Eugene, OR 97401
ESCROW LICENSE NO.: 200408072
OWNERISELLER: Monkey Hero, LLC
BUYERIBORROWER: TBD
PROPERTY ADDRESS: 490 51st Street, Springfield, OR 97478
EFFECTIVE DATE: September 15, 2020, 05:00 PM
1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE:
AMOUNT
PREMIUM
ALTA Owner's Policy 2006 $ 200,000.00
$ 700.00
Owner's Standard
Proposed Insured: To be determined
ALTA Loan Policy 2006 $ TBD
$ TBD
Extended Lender's
Proposed Insured: To be determined
OTIRO 209.10-06 - Restrictions, Encroachments, Minerals - Current
$ 100.00
Violations (ALTA 9.10-06)
OTIRO 222-06 - Location (ALTA 22-06)
S 0.00
OTIRO 208.1-06 - Environmental Protection Lien (ALTA 8.1-06)
$ 0.00
Government Lien Search
$ 5.00
2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED
BY THIS REPORT IS:
Fee Simple
3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Monkey Hero, LLC, an Oregon limited liability company
4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF SPRINGFIELD.
COUNTY OF
LANE, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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EXHIBIT "A"
Legal Description
Lot 1, Block 4, SIMMONS ADDITION, as platted and recorded in Book 12, Page 26, Lane County Oregon Plat
Records, in Lane County, Oregon.
Except therefrom that portion conveyed to the City of Springfield by Bargain and Sale Deed recorded July 11,
1997, Document No. 97-046479.
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AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS
FOLLOWS:
GENERAL 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. 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. Easements, or claims of easement, which are 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 (of existing improvements located on the Land onto adjoining land or of existing
improvements located on adjoining land onto the subject Land), encumbrance, violation, variation or
adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey
of the subject 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,
SPECIFIC ITEMS AND EXCEPTIONS:
6. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status,
marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity,
gender expression, medical condition or genetic information, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document
Recording Date: September 9, 1946
Recording No: Book 330, Page 348
7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: City of Springfield
Recording Date: March 28, 1968
Recording No: 18957
8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: City of Springfield acting by and through the Springfield Utility Board
Recording Date: July 10, 1997
Recording No: 97-046258
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A Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Commercial) to
secure an indebtedness in the amount shown below,
Amount:
$273,500.00
Dated:
April 1, 2020
Trustor/Grantor:
Monkey Hero, LLC
Trustee:
Western Title & Escrow
Beneficiary:
PacWest Funding Inc dine Precision Capital
Loan No.:
PC0320K
Recording Date:
April 3, 2020
Recording No:
2020-016531
An assignment of the beneficial interest under said deed of trust which names:
Assignee: The Oregon Fund, LP
Recording Date: July 14, 2020
Recording No.: 2020-037103
10. The Company will require the following documents for review prior to the issuance of any title insurance
predicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: Monkey Hero LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment
thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member -managed a full and complete current list of members
certified by the appropriate manager or member.
d. A current dated certificate of good standing from the proper governmental authority of the state in
which the entity was created
e. If less than all members, or managers, as appropriate, will be executing the closing documents,
furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
The Oregon Corporation Commission records show that as of June 15, 2016, Monkey Hero LLC is an
active Oregon limited liability company and is currently in good standing.
11. Property taxes in an undetermined amount, which are a lien but not yet payable, including any
assessments collected with taxes to be levied for the fiscal year 2020-2021.
ADDITIONAL
A. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction
involving Land that is associated with these activities.
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B. In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final
2006 ALTA Policy unless removed prior to issuance.
C. Note: Property taxes for the fiscal year shown below are paid in full.
Fiscal Year:
2019-2020
Amount:
$2,102.58
Levy Code:
01900
Account No.:
0133270
Map No.:
17 02 33 23 06300
Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including
current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
D. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are:
No names were furnished with the application. Please provide the name(s) of the buyers as soon as
possible.
E. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this
report, are as follows:
Personal Representative's Deed
Recording Dale: April 3, 2020
Recording No: 2020-016530
F. If requested to issue an extended coverage ALTA loan policy, the following matters must be addressed:
a) The rights of tenants holding under unrecorded leases or tenancies
b) Matters disclosed by a statement as to parties in possession and as to any construction, alterations or
repairs to the Land within the last 75 days. The Company must be notified in the event that any funds
are to be used for construction, alterations or repairs.
c) Any facts which would be disclosed by an accurate survey of the Land
G. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING
AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM
THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT
THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR
CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW
TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW
AGENT.
H. Note: No utility search has been made or will be made for water, sewer or storm drainage charges unless
the City/Service District claims them as liens (i.e. foreclosable) and reflects them on its lien docket as of
the date of closing. Buyers should check with the appropriate city bureau or water service district and
obtain a billing cutoff. Such charges must be adjusted outside of escrow.
I. Note: 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. Except to the extent a policy of title insurance is
expressly modified by endorsement, if any, the Company does not insure dimensions, distances or
acreage shown thereon.
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Revision 2 -update effective date
Note: Recording charge per document for:
Lane County - $87.00 for the first page, $5.00 for each additional page
E -recording fee is an additional $5.00 per document
Send Recording Packages to:
Western Title & Escrow Company
Attention: Recording
497 Oakway Road. Suite 340
Eugene, OR 97401
Email: lanerecord ing(dwesterntitle. com
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OR-FT-FFNN-02785670066-SPS-1-20- 0190SU
EXHIBIT ONE
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-1746)
EXCLUSIONS FROM COVERAGE
The Pother, metiers are expressly excluded from the coverage of Nis pooay and Me
Company will not pay loss or damage, cases, atlorneys' fees or expenses that once by
of
1 (a) My law ordinance or governmental regulation Qwmmg but net limited to
building and mning) moment, regulating, pmblbiting or reading M
(I) Ne wwpanry, use r empyrean of the Land;
(I) Ne charade' dimensions or location 0 any improvement erected on the land;
Olp Ne subdivision of land or
al onvimnmental protetlion;
ar Ne ¢Rett of any violation of Nese lours, ordinances or governmental
regulations. This Exclusion 1(a) does not modify or limit Ne coverage provided
under Caveretl Risk 5.
(d)Any ,contro cal police power. This Pate on t(b) does not modify or limit Ne
coverage provided under Covered Risk o.
2, Rights of eminent domain. This Exnusin does net modifr or limit the coverage
provided under Covered Risk T w3,
3. Deffeeks, liens. encumbrances. adverse claims, or other matters
(a) created, suffered, assumed or agreed M by Ne Insured Claimant;
an not known to Ne Company, not amrded in Ne Public Receipts at Date of Policy,
but known to the Insured Claimant and not disclosed in writing fo Ne Company by
the Insured Claimant prior to Ne data Ne Insured Claimant became an Insured
under Nis phlicy;
(c) beelding in no leader damage to rhe Insured Claimant;
bed attaching or creffieel subsequent to Date of Polity (however, Nis does not modify
or limit Ne coverage provided under Covered Risk 11 13, or 14); or
(e) mil a, is lou a damage char would 1. have been sustained if the Insured
Cameo had paid value Tariff Insured dArlgage.
a. Unenforceabillry of the lien M Ne Insured Moral because of the inability orfailure
M an lnsuretl to comply AM Me applicable doineoplaess laws of the state where
The Land Is a!fueled.
5, rvalidity orunenfecoabiliry in whole or in part site lien dNe Insured Mortgage that
arises out of the y as k ion evidenced by Ne Insured Mortgage and is based upon
mury or consumer aedir protection or VWh-in-lending law.
If My data, by .,on of Ne op wench of fedwel general state Insolvenq or
similar aedltOm' fights laws, that the transaction creating Ne lien of the Insured
Mortgage, 1,
(a) afraudwem conveyance or fraudulent mmsM or
(b) a preferentel transfer for arty reason not stated in the Covered Risk 13(b) of this
poliry,
7. My lien on the Title for real estate tares or assessments Imposed by personal
..hall, end created a, ..,him, between Oate of Policy and the data of reacting of
Ne Insured Mortgage in the Phil Records. This ENusion does nM modify or limit
Ne coverage provided under Covered Risk 11 A.
The above policy form may be Issued to afford either Standard Coverage or Extended Caverage. In addition to IM1e above
Exclusions from Coverage. the Exceptions ram Coverage In a Standard Coverage policy will also In4ude Me following Exceptions from Coverage.
SCHEDULE B - GENERAL EXCEPTIONS FROM COVERAGE
TIT.policy does nodInure egainat lass or damage (and the Company will not pay prods, consul fees or expenses) which ansa by reason
1. Tines ar assessments which are nod shown as existing liens by To —.Ad of any 4. Any encroachment, encumbrance vtolatten, v nalon, or adverse courpsouppoo
Losing authority Net levies taxes or assessments - real papery or by me Public affecting the Ttie thatwould be disclosed by an amumle and complete land survey of
Records; preceedings by a public agenry which may result in taxes or assessments, Me Land. The term encroachment" includes e'r reachmnts N existing
or roared as soon proceedings, whether or not shown by the records of such agency improvements located on the Land onto adjoining land, and naoachmen6 onto the
or by the Public Rawrda. Land of wisting Improvements located on adjoining land,
1. Ress, rights intervals or letms which ere not shown by IM1e Public Records but which 5. My lien far se s, labor or material herelorre or member Model or for
hold be escerleinid by an inspection of the lend or by making l call a persons In wntdbotions due to the State ofOregon far unemployment compensation or workers
'-session MneoL compensation, Imposed by lax and not shown by the Public RecoNs.
3, Easements, ar daims of easement not slmwn by the Public Records member.mar
oxceptlons In patens or In Acta authorizing the issuance IhereM, water rights, claims
r true to water,
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-1746)
EXCLUSIONS FROM COVERAGE
Tire following matters are -'reedy exploded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys lees or expenses than else by
ref.
1n(a) Any law, ordinance or governmental regulation Madming but not limited to
building and inning) resMage , regulatingr amusing or relaling Po
(p Nearomader, use, enjoyment of the Land;
(l) Ne character, dimensions or lorotton of any improvement erected ed Me land;
(ill) Ne subdivision of land; or
pre,- mental gpdRwgon;
or the about of am violation N mese laws, ordinances ar govemmnUi
regulations. This Exclusion 1(a) does not modify or lirmt Me coverage prowled
urger Covered Risk 6.
(b) Any govemmenMi police power. This Elusion 1(b) does not modify or limit Me
coverage provided under Covered Risk 6.
2. Rightsof emtnem domain. TM1is Euluston does not modify as limit has coverage
provided under Covered Risk 7 or 6.
3. DMready liens,encumbrances, adverse daims, or other mattes
(a) crewed, suffered assumed or agreed to by the Insured Claimant
(b) not known to the Company, not. -And in the Public Records at Date Ad Policy,
but known to the Insured Claimant and not dlsdosW in writing to the Company by
the Insured Claimant prior to Me date the Insured Claimant became an Insured
under this poliry:
(y manum in no lass or damage to the Insured Claimant
(d) attadrtng or sealed subsequent b Dale of Policy (however this does not modify
or hint, the coverage preaded under Covered Risk "ad 10). or
(e) resulting In lass or damage that would not have been susrtned'R to Insured
Cleirn.re Rod paid value per the ire.
4. Any claim, by mason of the operation of federel hankrvptry, s olocce, as
Ipaws ar creditors' Bights lthe the tremeralion oreeIn, In. I'reo onsf the Insured
shelter creditors
as
(a) a fraudulent nmvayanae or fraudulent transfer, or
(b) a preferential hamlet for any recon not staled In the Covered Risk 9 of this
poliry.
7. Any lien on Me Title for real estate taxes or maessmenls imposed by governmental
agamonty and created or attaching between Dale of Policy and the date 0 wh ruling of
the deed or other Instrument of carder in the Public Records that vests Tilde as
shown In Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addmen do Me above
Exclusions form Coverage the Exvuptions mom Covaage in a Standard Coverage pdtcy wall also Include the following Coastal from Coverage.
SCHEDULE B -GENERAL EXCEPTIONS FROM COVERAGE
This policy does not insure dograt lass or damage (and the Company will not pay casts, attorneys fees or expenses) wrath arse by reason of
1. Tax r
assessments whin a not shown as existing (lens by the records of any 4. My a achmenf encumbrance, vtolati0u, v dation, o adverse GttUrnsomed
taxing authority than levies taxes or assessments on real property or by the Public building Me Title Matwauld be disclosed by an acmrate and complete land survey of
Records i pmceadings by a public agency.itlr may result in to -'or assessmems, Me Land, The farmrmMmencroachmentsex
enP includes encroachments 0 isting
or notices of such pmwedin95, wbemer or not shown by Me rewNs of such agency improvements located on MecLand onto adlomang land, and anuoachmepts onto the
or by the Public Rewrtls. Land N exietmg improvements located an adjeamng land,
2. Fans,rights, interests or daims wM1icM1 are not sM1wm by IM1e PubllcRewrtls but wbicM1 5. My lien for serviceslabor or material hemtotom or member Nmashed, or to
-aid be ascertained by as inspection N be Led or by making inquiry of persons an contributions due to the State of Oregon far unemployment compensation or woMers
p -session mereod, compensation, imposed by law and not shown by the Public Records,
3 Easements, or daims of easement, not shown by the Public Records: re or
exceptions in parents or an Ada autborieing the issuanre meted water funds, claims
or title to water,
Prel Iminary Report (Exhibit One) Primed 09.21.20 Ng 06:40 PM
OR-FT-FFN0.02765.470066-SPS-1-20.VJT0190564