HomeMy WebLinkAboutDeed APPLICANT 9/25/2020Branch:INT User:VBOO
Camara, Niemand Addreer
DANA R. SCHULZ
BARBARA A. SCHIILZ
79030TH STREET, A-1
SPRINGFIELD, OREGON 97478
Gaanme's alemmal Andress
DANA SCHII RAND
BARBARA ECHHL7., TRUSTEES
SCHULZ LIVING TRUST
DATED NOVEMBER26, 206
79030TH SpTREET. A -I
jPf%iNreGeoidmg, OREGON 97478
arver re
JAMES U SMITH ATTORNEY AT LAW
6915 SW MACADAM AVENUE, SUIT E 145
PORTLAND, OBRiON 47219
u.m mgars a' hfnnrwme, lulu an m. sma.mrms m:
DANA SCHUI2
BARBARASCHUIZ
790 391'H STREET, A -i
SPRINGFIELD, OREGON 97478
Fant county clerk 2079-074179
Lane County needs and I ...VVNs
NIIIIIIII�IIIIIIIIIIIIIIIInAllll lllll� $97.00
9II ft00 >900]a
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0411712019
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WARRANTYDEED
KNOW ALL BY THESE PRESENTS that DANA R. SCHIILZ AND BARBARA A. SCHUI Z.,
hereinaticr called graamr, for the caasidechimn Insemaaaer slated, reg rnce paid by DANA SCELI AND
BAIWARA SCHULZ, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE SCHULZ
LIVING TRUST DATED NOVEMBER 24 2013, AND ANY AM ENDMEN ES THERETQ hereinafter
culled grantee, do heavy amid, bargain, sell had convey unto grantee and mantey heirs, saccessum and
igns, that certain real property, with the tmwm.nq he'edirameals and appurthereos revised balongin6
me any way appertaining inumod in LANE Canty, Save of0regmh describe! ae follow,towiF.
SEE ATTACHED "EXHIBIT A"
I he liability and obligations of the Croats, to Grantee and Gnderes heirs and owners under the wanderves
and .1 ..I'd contained hemi, or provitled by Few shall be limited be the extent of coverage that would be
available to Graamf under any poluy oftWF maumnre issued to da Grantor. the time Gmmor acquired the
Property. The limitations contained herein expressly do not m1me, Gramm or any liability of obligation
under this amendment, bra merely define the scope, neram aM amount officer Hill airy or Schemers.
I have and 1. Mold the same onto dant,. and grantee's heirs, successors and assigns fmvee.
And greme hvehy cavrmmts to and with grantee and greara s heirs, saccessors and assigns, the
grantor is lawfully se erred in fee simple of the above Werand prtmi ,, has from all encumbrances cepa.
NONE, and that grantor will warrant and forever defend the premises and every pmt and parml thereof
against the lawful claims and demands of all perso,s whomsoever, uwa, Nose claiming undo, Ne above
described mfaimbmnces.
The it,, and actual c madma[on paid for flus trinsfa, mated in Arms of dollar, is S ODO.
How eq thea uel criwiderauo, consists of- includes other properly or value given or promasad whlah
I, Ne wnml.nmidemmi.
In nso-nmg Nin deed, where the cmmaxt m requires, the singular in.mdes he plural, and all
gmmmaticel changes shall be made so it,., his dead shell apply equally to did,evelove and m
indlvidnels.
IN WITNESS WHEREOF, the gram., Ims exac red this instrument this ZZ day of March,
2019.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE. PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT I HE PERSON'S RIGHT'S, IF ANY, UNDER ORS 195.30,
195,301 AND 195.305 "f0 195 336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,
AND SECTIONS 2 TO 9 AND 17, CHAWIEIi 855, OREGON LAWS 2009. 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 CICY OR COON TY PLANNING DEPARTMENT TO
VERIFY THAT'I'HE UNIT OF LAND AILING I RANSFERRED Is A LAWFULLY ESTABLISHED
LOT OR PARCEL, AS DEFINER IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES
OF TI IE LOT OR PARCEL, I'O DETERMINE ANY LIMI IS ON LA WSUI IS AGAINST FARMING
OR 170REST PRACTICI35 AS DEFINED IN ORS 30,930 AND TO INQUIRE ASOU'I THE RIGHTS
Order: 3525216
LANE, OR Document:DED WAR 2019.14179 Pagel of 'I
Branch:INT User:VBOO
OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300. 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11. CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2
TO 9 AND 17, CHAPTER 855, ORFTON LAWS 2009.
I' Ii\Lp SCHtILZ
StvreofNavada l
County of la 4
41�_
BARBARA A. SCI IUL -
Bc(orc me ads 'LZ day of Mn s, 2019, parsnnally appeared DANA R, WfHUL2 and HARBARA A.
SCHULZ, and ackaowlNgcd the Foregoing ina ddent m be Neu volanury act and deed.
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Nou Pablic of lv:�.utn
My Commiwion expires'. GI-m-Lo22
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LANE, OR Docoment:DED WAR 2019.14179
Order: 3525216
Page:2 of 3
Branch:LNT User:VBOO
FAHIRIT`Ae
Map and Tan Lot 4: 17-02-31-22.00502
Situs Address: 10 Unknawn Any town
Partition Plat 2011-P2491
P.1 l
Map and Tax Lot 4:17-02-31-22-00503
Situs Address: 13M 28'h SL Springfield, OR 97477
Partition Plat 2011-P2491
protect
,Nap and Tax Lot 4: 17-02-31-22-00504
Sita. Address: 7" 30- St. Springfield, OR 97478
Pantie. Plat 2011-P2491
Pard 3
Map it Tai Lot 4:17-02-31-22-02001
Situs Address: Address Unknown
Beginning at a point 260.0 feet South 89° 44' Edit ofd point in center .1728" Street in
Springfield 3151.5 feet North 0` 05' East to.. the Intersection of the North line of the
Me Kenzie Highway with the West line ofthe J.C. Carter D.L.C. 458,'fownahip 17 South,
Range 2 West of the Willamette Meridian, running from said beginning paint
Saudi V 5' West 100.0 fret; thence
North 89° 44' West 110.0 fee; thence
North(P 05' East 100,00 feet, thence
South 89° 44 Bast 110.0 feet to the point of beginning, in Lane County, Oregon.
Containing more m less
Also: Beginning at a point 260.0 feet Sant 89` 44' East of a point in center of28'h Street in
Springfield 315 1.5 feet Nanh a- 05' Fast from the intersection optic North tine of die
Me Semite Highway with the West line of the J.C. Curter D.L.C. 958, Township V South,
Range 2 West, W.M., mining from said beginning point
South 89° 44 East 14 0 feet; thence
South 5' West 100.0 feet thence
North 89. 44 West 14.0 fear, thence
North V W Fast 100.00 feet la the point of beginning, in Lane County Oregon
Containing more or less
Map and Tax ],at 4:174)2-31-22-01700
Sita Address: Address Erdman.
Beginning at a point in the center of County Road 4221, said point bring on the West line ofthe
J.C. Carter DLC 458, in section 30 and 31, Township V, South R.2 West, ofthe Willamette
Meridian said point being 3198.46 feet Nunn U- 05' East firm the SW comer of said claim;
from said beginning point run South 89° 44' East 340 red m the West right-of-way line of the
Wcndling Branch of be Somhem Pacific Railroad; thence
South 0.OS' West 125 feet along and righrof way, thence
Nardi 89° 44 West 25 fire, thence
North 0.05' East 100 feet thence
North 89.44' West 315 feet to the center oflhe said County Road; thence
North 0° 05' East 25 feet to the as, of beginning, all in Lena Co.,,, Oregon.
Containing more or less
EscWt 0,10 dere added as an also to 17-0231-2-2 2200 by docd R.169, 26150
Containing more or less
LANE, OR Docon ent:DED WAR 2019.14179
Order: 3525216
Page:3 of 3
Preliminary Report
Exhibit "A"
Real property in the County of Lane, State of Oregon, described as follows:
TRACT 1:
Order No.: 7191-3525216
Page 12 of 13
PARCELS 1, 2 AND 3 OF PARTITION PLAT NO. 2011-P2491 FILED MAY 5, 2011 RECEPTION NO. 2011-
021286, LANE COUNTY DEEDS AND RECORDS, IN LANE COUNTY, OREGON.
TRACT 2:
BEGINNING AT A POINT 260.0 FEET SOUTH 890 44' EAST OF A POINT IN CENTER OF 28TH STREET IN
SPRINGFIELD 3151.5 FEET NORTH 00 05' EAST FROM THE INTERSECTION OF THE NORTH LINE OF THE
MC KENZIE HIGHWAY WITH THE WEST LINE OF THE l.C. CARTER DONATION LAND CLAIM NO. 58,
TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, RUNNING FROM SAID
BEGINNING POINT SOUTH 00 5' WEST 100.0 FEET; THENCE NORTH 890 44' WEST 110.0 FEET; THENCE
NORTH 00 05' EAST 100.00 FEET, THENCE SOUTH 890 44' EAST 110.0 FEET TO THE POINT OF
BEGINNING, IN LANE COUNTY, OREGON.
ALSO: BEGINNING AT A POINT 260.0 FEET SOUTH 890 44' EAST OF A POINT IN CENTER OF 28TH
STREET IN SPRINGFIELD 3151.5 FEET NORTH 00 05' EAST FROM THE INTERSECTION OF THE NORTH
LINE OF THE MC KENZIE HIGHWAY WITH THE WEST LINE OF THE J.C. CARTER DONATION LAND
CLAIM NO. 58, TOWNSHIP 17 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, RUNNING FROM SAID
BEGINNING POINT SOUTH 890 44' EAST 14.0 FEET; THENCE SOUTH 00 T WEST 100.0 FEET; THENCE
NORTH 890 44' WEST 14.0 FEET; THENCE NORTH 00 O5' EAST 100.00 FEET TO THE POINT OF
BEGINNING, IN LANE COUNTY OREGON.
NOTE: This Legal Description was created prior to January 01, 2008.
TRACT 3:
BEGINNING AT A POINT IN THE CENTER OF COUNTY ROAD #221, SAID POINT BEING ON THE WEST
LINE OF THE J.C. CARTER DONATION LAND CLAIM NO. 58, IN SECTION 30 AND 31, TOWNSHIP 17,
SOUTH RANGE 2 WEST, OF THE WILLAMETTE MERIDIAN; SAID POINT BEING 3198.46 FEET NORTH 00
05' EAST FROM THE SW COMER OF SAID CLAIM; FROM SAID BEGINNING POINT RUN SOUTH 890 44'
EAST 340 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE WENDLING BRANCH OF THE SOUTHERN
PACIFIC RAILROAD; THENCE SOUTH 00 OS' WEST 125 FEET ALONG SAID RIGHT-OF-WAY, THENCE
NORTH 890 44' WEST 25 FEET THENCE NORTH 00 OS EAST 100 FEET THENCE NORTH 890 44' WEST
315 FEET TO THE CENTER OF THE SAID COUNTY ROAD; THENCE NORTH 00 05' EAST 25 FEET TO THE
POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON.
EXCEPT THAT PORTION DESCRIBED IN DEED TO THE CITY OF SPRINGFIELD, RECORDED MARCH 15,
1961, RECEPTION NO. 26150, LANE COUNTY OREGON RECORDS, IN LANE COUNTY, OREGON.
NOTE: This Legal Description was Created prior to January 01, 2008.
F'rs A.., Title
Fhoof er/ww r'Mrrrounoxx, ccmpawr
First American 2892 Crescent Avenue
L3 -r Mace, OR 97408-7397
Phn - (541)4&-2%D
Fax - (877)783-9167
Order No.: 7191-3525216
July 31, 2020
FOB�UEONSBEGARDINC YOUR LO�iNG PLEeSE CONTACT
TONYA SILKE, Escrow Officer/Closer
Phone: (541)465-8774 - Fax: (877)783-9167- Email:tsilke@firstam.com
First American Title Insurance Company
2892 Crescent Avenue, Eugene, OR 97408-7397
FOR ALL OUESTIONS REGARDING THIS PRELIMXNARY REPORT PLEBE CONTAICT,
Lacey Teague, Title Officer
Phone: (541)484-2900 - Fax: (877)783-9167 - Email: Iteague@firstam.com
The land referred to in this report is described in Exhibit A attached hereto.
and as of July 24, 2020 at 8:00 a.m.; title to the fee simple estate is vested in:
Dana Schulz and Barbara Schulz, Trustees, or their successors in trust, under the Schulz Living Trust
dated November 26, 2013, and any amendments thereto
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the followinn:
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.
The report is for the exauslee use of the partes herein shown and is Ixdimloary to the issuance of a
title insurance policy and shall hexon void unless a wflw Is issued, and the full premium ped.
PMiminary Report Order No.: 7191-3525215
Page 2 of 13
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 tide to water.
4. Any encroachment (of existing improvements located on the subject 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.
The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information:
A. Survey or alternative acceptable to the company
B. Affidavit regarding possession
C. Proof that there is no new construction or remodeling of any improvement
located on the premises. In the event of new construction or remodeling the
following is required:
L Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction
liens;
iii. Payment of additional premiums as required by the Industry Rate Filing
approved by the Insurance Division of the State of Oregon
6. Water rights, claims to water or tide to water, whether or not such rights are a matter of public
record.
7. Taxes for the fiscal year 2020-2021 a lien due, but not yet payable
8. Taxes for the year 2019-2020
Tax Amount
$ 926.98
Unpaid Balance:
$ 622.05, plus interest and penalties,
Code No.:
01900
Map & Tax Lot No.:
17-02-31-22-00504
Property ID No.:
5704347
(Affects Personal Property of Parcel 3 of Tract 1 - assessed to MidValley Screen Pdn
9. City liens, if any, of the City of Springfield.
Qu9ED
\Pa,evr a c es �fu
\AJ crr 0 U -1Z 5 ,
Note: There are no liens as of July 24, 2020. All outstanding utility and user fees are not liens and
therefore are excluded from coverage.
10. The rights of the public in and to that portion of the premises herein described lying within the limits
of streets, roads and highways.
F Ame . Tide
Prdimimy Report
order W.: 7191-3525216
Page 3 of 13
11. Easement, including terms and provisions contained therein:
Recording Information: May 08, 1937 as Book 188, Page 297, Deed Records of
Lane County, Oregon
In Favor of: Eugene -Springfield Land & Water Company, a
corporation
For: Slough
12. Easement, including terms and provisions contained therein:
Recording Information: June 22, 1939 as Book 198, Pages 484-485, Deed
Records of Lane County, Oregon
In Favor of: A. O. Bush and Angela Bush
For: Canals, headgates and Flumes
13. Easement, including terms and provisions contained therein:
Recording Information: April 04, 1940, as Book 202, Page 436, Deed Records of
Lane County, Oregon
In Favor of: Eugene -Springfield Land & Water Company
14. Easement, including terms and provisions contained therein:
Recording Information: October 19, 1950 as Book 425, Pages 423-424, Deed
Records of Lane County, Oregon
In Favor of: City of Springfield
For: Electric transmission or distribution line
15. An easement reserved in a deed, including the terms and provisions thereof;
Recorded:
May 04, 1954
Recording Information:
Reception No. 28883
Reserved by:
Weyerhaeuser Timber Company
For:
Poles and wires
16. Easement, inducing terms and provisions contained therein:
Recording Information: March 15, 1955, Reception No. 51955
In Favor of: H. E. Ellickson and B. T. Ellickson, a partnership doing
business as Agricultural Lime Distributing Company
For: right-of-way
17. Improvement Agreement and Application for Sewer Hookup and the terms and conditions thereof:
Between: City of Springfield
And: James E. Holm
Recording Information: April DS, 1996 as Instrument No. 96-20773
18. Easement, including terms and provisions contained therein:
Recording Information: April 09, 1997 as Instrument No. 9723974
In Favor of: Oregon Handle Company
For: Access
19. Easement, including terms and provisions contained therein:
Recording Information: April 09, 1997 as Instrument No. 9723975
In Favor of: Cascade Handle Company, Inc., an Oregon corporation
For: Maintaining a water vault
SrstAnmAmn Ttle
Preliminary Report
Order No.: 7191-3525216
Page 9 of 13
20. Easement, including terms and provisions contained therein:
Recording Information: April 09, 1997 as Instrument No. 9723976
In Favor of: Cascade Handle Company, Inc., an Oregon corporation
For: Access
21. Improvement Agreement and Application for Sewer Hookup and the terms and conditions thereof:
Between: City of Springfield
And: Frank S. Frager
Recording Information: April 11, 1997 as Instrument No. 97-24689
22. Easement, including terms and provisions contained therein:
Recording Information: May 02, 1997 as Instrument No. 97-30034
In Favor of: Springwood Inc., an Oregon Corporation
For: sewer connection with maintenance provisions
Modification and/or amendment by instrument:
Recording Information: May 05, 2011 as Instrument No. 2011-021288
23. Easement, including terms and provisions contained therein:
Recording Information: December 02, 2005 as Instrument No. 2005-096051
In Favor of: Springfield Utility Board
For: Public water utility easement
24. Sanitary Sewer Easement and Agreement, including terms and provisions thereof.
Recorded: February 29, 2008 as Instrument No. 2008-011492
25. Deed of Trust and the terms and conditions thereof
Grantor/Trustor:
Dana R. Schulz and Barbara A. Schulz, as tenants by the entirety
Grantee/Beneficiary:
Siuslaw Bank
Trustee:
Fidelity National Title Company of Oregon
Amount:
$2,333,000.00
Recorded:
September 09, 2008
Recording Information:
Instrument No. 2008-050799
Note: This Deed of Trust contains Line of Credit privileges, If the current balance owing on
said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that
the beneficiary will issue a proper request for full reconveyance.
26. Assignment of leasesand/or rents and the terms and conditions thereof:
Assignor: Dana R. Schulz and Barbara A. Schulz, as tenants by the
entirety
Assignee: Siuslaw Bank
Recorded: September 139, 2008
Recording Information: Instrument No. 2008-050800
27. Easements, Notes and Restrictions, as shown on the recorded Partition Plat No. 2011-P2491.
28. Declaration of Joint Use Private Access and Joint Use Private Utility Easement and Agreement,
including terms and provisions thereof.
Recorded: May 05, 2011 as Instrument No. 2011-021287
Fi Amenran rr
Preliminary Report
Order No.: 7191-3525216
Page 5 of 13
29, Exclusive Public Emergency Vehicle Access Easement, including terms and provisions thereof.
Recorded: May 05, 2011 as Instrument No. 2011-021289
30. Declaration of Private Easements and Maintenance Agreement, including terms and provisions
thereof.
Recorded: May 05, 2011 as Instrument No. 2011-021290
31. Deed of Trust and the terms and conditions thereof
GrantogTrustor.
Dana R. Schulz and Barbara Schulz Trustees under the Schulz Living
Trust dated November 26, 2013
Grantee/Beneficiary:
Banner Bank
Trustee:
Cascade Title Co.
Amount:
$150,000.00
Recorded:
May 15, 2015
Recording Information:
Instrument No. 2015-021352
32. Assignment of leases and/or rents and the terms and conditions thereof
Assignor:
Dana R. Schulz and Barbara Schulz Trustees under the Schulz
Living Trust dated November 26, 2013
Assignee:
Banner Bank
Recorded:
May 15, 2015
Recording Information:
Instrument No. 2015-021353
33. Deed of Trust and the terms and conditions thereof
Grantor(rrustor:
Dana R. Schulz and Barbara Schulz Trustees under the Schulz Living
Trust dated November 26, 2013
Grantee/Beneficiary:
Banner -Bank
Trustee:
Cascade Title Co.
Amount:
$161,250.00
Recorded:
May 30, 2017
Recording Information:
Instrument No. 2017-025652
34. Deed of Trust and the terms and conditions thereof.
Grantor%Trustor: Dana R. Schulz and Barbara Schulz Trustees under the Schulz Living
Trust dated November 26, 2013
Grantee/Beneficiary: Banner Bank
Trustee: Old Republic National Title Insurance Company
Amount: $240,187.00
Recorded: September 11, 2017
Recording Information: Instrument No. 2017-045023
(Affects Tract 1)
35. In order to insure a transaction involving the herein named trust, we will need to be provided a
Certification of Trust pursuant to ORS 130.800 through ORS 130.910.
36. Unrecorded leases or periodic tenancies, if any.
37. This Preliminary Title ReporVOommitment for Title Insurance, due to the nature of the transaction, is
subject to amendment or modification by the Regional Underwriter for First American Title Insurance.
No final policy of title insurance will be issued until written authorization is received. Any directed
changes or additions will be disclosed by a Supplemental Report.
END OF EXCEPTIONS -
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