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HomeMy WebLinkAboutDeed APPLICANT 4/27/2022I AF -TER RECORDING RETURN TO: CASCADE TITLE COMPANY E OR 974q . 811 WI LLAM ETTE ST,, EUGE11 , C71r After recording, return to: Evans, Elder, Brown & Seubert Inc. 101 East B roadway, Suite 101 Eugene, Oregon 97401 Attention: David Holland Until requested otherwise Send all tax statements to: Holland Family Partnership c/o Evans, Elder, Brown & Seubert Inc. 101 East Broadway, Suite 101 Eugene, Oregon 97401 Attention: David Holland Lane County Clerk �� j ��Aj�■hA�/�� Lane County Deeds and Records II��II���IIII�III����I�III�II��I��IIIIIIIIII��III $6,.0111 01646797201700201500060055 04!25/2017 04.05;04 PM RPR -DEED CnL=1 SLn=9 CFSNIER 11 $26.00 E11.00 $21.00 $10.00 THIS SPACE RESERVED FOR RECORDER'S USE SPECIAL WARRANTY DEED THE OLYMPIC LLC, an Oregon limited liability company, whose address is P.O. Box 26125, Eugene, Oregon 97402, Grantor, conveys and specially warrants to HOLLAND FAMILY PARTNERSHIP, an Illinois limited partnership, whose address is 400 Skokie Blvd, #600, Northbrook, Illinois 60062, Grantee, the following described real property free of encumbrances created or suffered by the Grantor except as specifically set forth herein: SEE EXHIBIT A ATTACHED HERETO FOR LEGAL DESCRIPTION (THE "LAND"), together with all tenements, hereditaments and appurtenances of Grantor belonging or in any wise appertaining to the Land and all of the buildings, structures or other improvements on the Land owned by Grantor (collectively, the "Property"). This Property is free from liens and encumbrances, EXCEPT those items set forth on Exhibit B attached hereto. The true consideration for this conveyance is Ten and No/100 Dollars ($10.00) plus other valuable consideration. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF 07112N.0026:26090685.3 Produced using RLID (w .did.org) on 04/14/2022 at 7:19 AM ..�... ...Ma.. � .. �:F ._ ... .xi '::9's w�-Y-'r :.v :.M �F. :.;.u..... .. _.. .. .... ...:.w.-ti•:rcK.vf:k�^-i?.v.'tYi�s��1M".s§�.:rvl+'�_.�i.:Scx..vF.ricin?"ar':r.:-ti=`.>'=..ekf.`i9C:�.:.Asx_2S's�:'e:id✓,nr`.`::�;ti:JYa.T::Y 643 _ ��35. ... .. .d3+.�d.. ._-..-_.. .. .�. ... ..�r?i .. �. _ ... '4�k+., .�xW.�sarwni' �'iie.. �?'yy�:y'k8.a;,.?x...`A:c:�^.�F.'.'�','::�`.-. . sx+` .. ... - •tlE-.�,-+_ . i A ANY, UNDER. DRS 195.3005 195.301 AND 195.305 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 IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 91010 OR 215.0 1 0, 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 INQUIRI ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER OR(L 195.3005 195.301 AND 195.305 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. 07112N.0026:26090685.3 [Signature Page Follows] 2 Produced using RLID (w .did.org) on 04/14/2022 at 7:19 AM ,- _.. r:...: Y.v+^.+n�M`9'�'FeMFM1�>9- .. ._ .. - .-. : -. ...: ..iN � .. �tiYaua�Yf .. ... =s?+.s.:r—,---'-.:•Y=ti:F3'a��-:. v':..- '...' .. T 1Y. .c :fN!`i'.t^'. ...a._ :«s:�n.-..�_',_.-'-:... .. .. .. •.. - ... .. .. • -. ., �.iry�.'i�3S"fr -i ... orf.'-Fi' i4.P .L'k� .. ,iW'.h v�s+R W., 'e�-'Y�.£�[•iYr.FwiW!A'!rK%�Ci'�''^'f�{-=-�-F-�.3?. .. - .-.... .. �i -IYH.i +C.YA 1vw-:Y�":.. I IN WITNESS WHEREOF, the undersigned have executed this document as of the day and year indicated. STATE OF OREGON COUNTY OF LANE This instrument was ac S.R.knelek+� f'; X ss. W&1 ed c, as GRANTOR: THE OLYMPIC LLC, an Oregon limited liability company By. Name: Title: before me on limited liability company, personally known' to" me (or a - 1 , 2017, by of The Olympic LLC, an Oregon proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person., or the entity upon behalf of which the person acted, executed the instrument. 01 � UAL SEAL . r . MELISSAUTTERF1ELD MITCt" Lt NCIPIRY PU} LIC - 4RE G} I +//+��!! nn **�/ N[ +1+ L 34 CISSON NO. EXPIRES SEPTEMBER 16, 2017 07112N,0026:26090685.3 PUBLIC FOR OREGON MY CONI S S ICN IRE S : • � Produced using RLID (w Aid.org) on 04/14/2022 at 7:19 AM 1 i .. �... _� _.._.�.. .��... � ..� i. n...- .. �.. .... .. ¢'. -in c. •.... � .= v'ri.y..�.: _. .. :.. i.:_=' �i['�i: •�.ti.::..Y,•:i.tii R'••:.i �. �S:Xi.:A".. %... .. .. ..r • � .- EXHIBIT A LEGAL DESCRIPTION Beginning at a point 60.0 feet South 88° 03' 47" East of the Southwest corner of the B.B. Powers Donation Land Claim No. 81, Section 25, Township 17 South, Range 3 ]Vest of the Willamette Meridian; thence South 88' 03' 47" East along the South line of said Donation Land Claim No. 81, 443.1 feet; thence North 1 ° 57' 14" East, 282.66 feet; thence South 88° 03' 47" East, 98.4 feet thence North 1' 57' 14" East, 298.91 feet; thence South 88' 03' 47" East, 110.5 feet; thence North 1' 57' 14" East, 59.3 feet, more or less, to the South boundary of the "Q" Street Floodway Channel; thence North 88° 03' 47" West Feet, 652 feet to Easterly margin of 21s' Street; thence South 1 ° 5 7' 14" West, Springfield, Lane County, Oregon. 640.75 feet, more or less, to the point of beginning, in TOGETHER WITH a non-exclusive easement for vehicular access over, through and across the following described property: Beginning at a point 60.0 feet South 88° 03' 47" East of the Southwest corner of the Be Be Powers Donation Land Maim No. 81, in Section 25, Township 17 South, Range 3 Nest of the Willamette Meridian; thence South 88° 03' 47" East along the South line of said Donation Land Maim No. 81, 652 feet; thence North 1' 57' 14" East, 640.75 feet to the true point of beginning; thence South 88° 03' 47" East, 22 feet; thence South 1' 57' 14" ]Vest, 60 feet; thence North 88° 03' 47" West, 22.0 feet; thence North 1' 57' 14" East, 60 feet, to the true point of beginning, in Lane County Oregon. TOGETHER. WITH a temporary easement for vehicular ingress and egress as set forth in instrument recorded December 30, 1976, Reception No. 7669157, amended by instruments recorded October 20, 1977, Reception No. 7767263, and November 28, 1977, Reception No. 7775932, Lane County official Records, over, through and across the following described property: Beginning at a point 60.0 feet South 88° 03' 47" East of the Southwest corner of Be Be Powers Donation Land claim No. 81, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian; thence South 88' 03' 47" East along the South line of said Donation Land Maim No. 81, 443.1 feet to the true point of beginning; thence North 10 57' 14" East, 282.66 feet; thence South 88° 03' 47" East, 30 feet; thence South 1 ° 57' 14" West, 282.66 feet; thence North 880 03' 47" West, 30.0 feet to the true point of beginning, in Lane County, Oregon. Map and Tax Lot: 17-03-25-00-00802 07112N. 0026:26090685.3 I-1 Produced using RLID (w Aid.org) on 04/14/2022 at 7:19 AM ,� .-.. _.. ^. .-..� .iy ._i.. .._-.•....r. � - ... ...-. _ .... ..=iair....•a - _ ..:.�'. �.. _.... ........ :�. x --v..- f!C. - ?W.�4flF'rwaF'�-..iF - _ .-.- =..R. .-.. .. _ ..�.. ...... .: . - . ,....:.9:n�. w.��?s �. -'".!.-S.Yz�as�.x�?NaL'€�..-r�.�E'-�s.4t!rSrA.�vFiPrA??3'��C?':u%dZ4'*aYsb.�.'�:4�:f'.�_=•zcF'�F�r4sp-,�' .�.'?. sf=re'..rt.r .. �..: .. .. .. ... _ ... V EXHIBIT B PERMITTED EXCEPTIONS 1. Matters created by Grantee. 2. Real estate taxes not yet due and payable. 3. Matters disclosed on that certain ALTAIACSM Land Title Survey, dated March 10, 2017 and last revised April 11, 2017, by Bock & Clark Corporation, Project Number 201700547,001. 4. Easement granted to Northwest Natural Gas Company, a corporation of the State of Oregon, by instrument recorded September 19, 1961, Reception No. 1961- 044348, Lane County Oregon Deed Records, as modified by instrument recorded March 20, 2009, Reception No. 2009-014239, Lane County Deeds and Records. 5. Easement granted to the City of Springfield, a municipal corporation, acting by the through its Springfield Utility Board, by instrument recorded May 12, 1977, Reception No. 1977-028224, and Declarations of Correction, recorded October 205 1977, Reception No. 1977-067263, and recorded November 28, 1977, Reception No. 1977-075932, Lane County Official Records, 6. Easement granted to the City of Springfield, a municipal corporation, acting by the through its Springfield Utility Board, by instrument recorded May 12, 1977, Reception No. 1977-028225, and Declarations of Correction, recorded October 20, 1977, Reception No. 1977-067263, and recorded November 28, 1977, Reception No, 1977-075932, Lane County Official Records. 7. Easement granted to Harry Milton Ruberg, by instrument recorded November 7, 1978, Reception No. 1978-073979, Lane County Official Records. 80 Easement as reserved in deed from The Rainier Fund, a 'Washington General Partnership, to Vernon O. Bortz and Doris J. Bartz, husband and wife, recorded November 30, 1978, Reception No. 1978-078932, Lane County official Records,, 9. Parking Agreement between The Olympic, LLC, an Oregon limited liability company and Jerry's Building Materials, Inc., an Oregon corporation, recorded September 26, 2008, Reception No. 2008-054214, Lane County Deeds and Records. 10, Gas Pipeline Easement granted Northwest Natural Gas Company, by instrument recorded March 20, 2009, Reception No. 2009-014238, Lane County Deeds and Records. 07112N. 0026:260906 85.3 Produc ed u sing ... .. .. ... .. .. - _... ....LID .did. 9) . .04 /14/202 2 at 7 19 AM _ - - - - �,x.r: ��s:..��....-•..e- ..G�„-x. r.. .,. ... .r!P:�Y:^-s.--w.P. a=- •.^,.;ep,... .. . .,,.o;:: y..s•..�-fav_. _..-. - .. .. ..:-. .... - .. ..., ..., 6�t�Y�i�oibin�s�M�s�.w..rkw,lwv�...wt-�.,. FyLa=iKa.�.Yd -^.y�.a..��:._;, :-_.:. ... .. ... .. .... ._.. .. .. .. .,.. .: .. .. .. . A" TER RECORDING RETURN TO: PARKING AGREEMENT PAR'PIEs: THE OLYMPIC, LLC, an Oregon limited liability company (Olympic) Address: P.O. Box 26125 Eugene, Oregon 97402 JERRY'S BUILDING MATERIALS, INC., an Oregon corporation (Terry's) Address: P.O. Box 2611 Eugene, Oregon 97402 It has been demonstrated to the City of Springfield Development Services Director (Director) that the minimum off-street parking requirements set forth in Section 4.6-125 of the Springfield Development Code for the Wilco property described on the attached Exhibit A (Wilco Property) can be provided on the Jerry's property described on the attached Exhibit B (Jerry's Property). Section 4.6-110(E) of the Springfield Development Code allows the Director, upon application by all of the involved property owners, to authorize joint use of the parking facilities, provided that: 1. The applicant shall demonstrate that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of parking facilities is proposed; 2. The parties concerned in the joint use of off-street parking facilities shall provide evidence of agreement for the joint use by a legal instrument approved by the City Attorney, An agreement for joint use of parking facilities shall provide for continuing maintenance of jointly used parking facilities; and The agreement shall be recorded at Lane County Deeds and Records at the applicant's expense. 'Phe Director has allowed an exception to Section 4.6-125 of the Springfield Development Code conditioned upon the signing of this Parking Agreement. This agreement authorizes 20 parking spaces on the Jerry's Property to accommodate parking for the uses on the Wilco Property, and Jerry's consents to allow said 20 parking spaces upon the Jerry's Property to be used in the calculations of the requirements for the uses on the Wilco Property, This Parking Agreement shall become effective on the date hereof and shall be valid until the expiration or termination of the Real Property Lease between .terry's and Olympic of even date herewith at which time the agreement shall automatically terminate. Division of Chief Deputy Clerk 2000a�J411'f Lane County Deeds and Records NOWN11; 1 -Parking Agreement IIIIII IIIII IIIII III IIIIIII1III I II I IIIIIIII I III III $46,00 warnio.m io.use. aianea�a.nvary.maimownimas:vsrwnq nyreem..immio9>.ecc 01028028200800542140050051 09/8 01:14;35 PM RPR-4iGRE Cntcl Stn=15 CASHIERIER 07 $25.00 $10.00 $11.00 This Parking Agreement shall be applicable only to 20 parking spaces on the Jerry's Property as designated by Jerry's from time to time. The parties acknowledge that the 20 parking spaces shall be for the mutual nonexclusive use as a Forking area of all invitees and/or permittees of the uses located on both the Jerry's Property and the Wilco Property. Jery's shall fully maintain the 20 parking spaces hereunder; provided, that in the event Wilco or any of its agents, employees, invitees, or customers cause damage to the Jerry's Property, Olympic shall pay the full cost of repairing the same and shall indemnify and hold Jerry's harmless therefrom. This Parking Agreement inures to the benefit of and binds the parties, their successors assigns. This agreement may not be amended without approval of the Director. 'This Parking Agreement is authorized by the Director as allowed under 4.6-110(E) of Springfield Development Code on ". l_ o2 -'n. , 2008. STATE OF OREGON ) 10401'. COUNTY OF LANE ) ss. This instrument was asknowledged before me Planner III, Cityef Springfield. Signed and agreed to, on Seri`_ li , 2008 THE OLYMPIC, LLC By S. R. Ye ember STATE OF OREGON ) ) as. COUNTY OF LANE ) on Sep tuber 2V 2 08, By, Mark Metz ILI f �r r O,. No ax'y Publh �'or Oragou My Commission T:xpires: May 27, 2012 JEIYSBUILDIN(i//S MATERIALS. INC. By `// ?jk Dennis G. Orem, President This instrument was acknowledged before me on 52pQ. 18 , 2008, by S. R. Yett, ?Member of The Olympic, LLC, an Oregon limited liability company. [1 OFFICIAISE L 1AMELAd DUNCAN ' mac. 6'�"�� NOTARY PUIB OREGON Notary Public for Oregon COMMISSION NO.419573 MVCOMMISSION FXPIRE$ SEPT. 20, 2011 My commission expires: 72m -7-"N 2 -Parking Agreement IMci I, bsF M] 11.11 a1en 1tLi. I...I OorvolveOa Pe,I, A,--1 .11Cs 1 1- STATE OF OREGON ) ) ss. COUNTY OF LANE ) "Chis instrument was acknowledgcd before me on� , 2008, by Dennis G. Orem, President of Jerry's Building Materials, Inc., an Oregon emporation. 91 AL Notary�cfor Oret gong Em - 3 AREBR0 My commission expires:C-OREGON N0.397462SEPTEMBER2 2009 3 -- Parking Agreement Noonlusii He UxeiselniwreoaLlbvTMoll nwnloaJs PaiHo8�9�63menI0BR1083aoc EXHIBIT A LEGAL DESCRIPTION of Lands of The Olympic, LLC (Tax Map 17-03-25, Tax Lot 802) BEING those lands conveyed to The Olympic, LLC, an Oregon limited liability comp5ny, by that Special Warranty Deed recorded on .July 28, 2005 at Reception Nmnber 2005-058025, Lane County Oregon Official Records, being more particularly described as follows: Beginning at a point 60.0 feet Socth 30' 03' 47" Gast of the southwest corner of the E. B. Powers Donation Land Claim Na. al, Section 25, Township 17 South, Range 3 West Of the Willamette Meridian; thence Swath 08' 03' 47" East along the S.eLh line of said ➢enation Land Claim NO. 81, 443.1 feet; thence North 1' 57' 14" East,, 282.66 feet; thence South 88' 03' 47" East, 98.4 feet thence North 1' 57' 14" East, 258.91 feet; thence South 88' 03' 47" East, 110.5 feet; thence North l' 57' 14" East, 59,3 feet, more or less, to the South boundary of the "Q" Street Floodw'ay Channel; thence North As' 03' 47" West Feet, 652 feet to Easterly margin of 21st Street; thence South 1' 57' 14" Kest, 640.7= feet, more or less, to the point at beginning, in Sprins5ield, Lane County, Oregon; EXHIBIT B LEGAL DESCRIPTION of Lands of Pacific Coast Options, LLC (Tax Map 17-03-25-43, Tax Lot 8000) BEING those lands conveyed to Pacific Coast Options, LLC, an Oregon limited liability company, by that Special Warranty Deed recorded on July 10, 2001 at Reception Number 2001- 042512, Lane County Oregon Official Records and adjusted by that Property Line Adjustment deed recorded on August 12, 2002 al, Reception Nlanber 2002-060604, Lane County Oregon Official Records, being more particularly described as follows: A Traci of land tying within the Southeast 114 quarter of Snctian 25, Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon, begin described as follows: Commencing at the Southwest comer of the B.B. Powers Donation Land Claim No. 81, said comer being marked by a 2 $14 inch dlameiac brass cap inscribed "1971 - SW COR. S.P. POWERS - DLO 481'; thence along the South line of the B.B. Powers Donation Land Cialm, South 881 03' 47" Bear, a distance of 503.10 feet to a 518 inch iron rod with an orange plastic cap inscribed "FNF" marking the True Foint of Beginning of the tract herein described; Thence North 01' 57'48" "cast, a distance of 282.65 feet Te a 518 inch rod W4, an orange Plastic cap inscribed'FNF"; Thence Scuth 88" 03'47' East, a distance of 98.40feetto a 518 inch rod with an orange plastic cap inscn-bed 'FNF"1 Thence North 01° 57' 48" Fast, a distance of 298.81 feet to a SA Inch iron rad with an orange plastic cap Inscribed "FNF'; Thence South 88- 03' 47' East, a distance of 110.50 fear TO a 518 inch Iran rod with an orange plastic cap inscribed 'FNF"sth ince Norrh 010 57'48" East, a distance of 59.49 feel to a point in the Sourh right-of-way fino of the "Q" Street Ffoodway Channi point being marked by a 518 inch iron od WM an orange plastic cap inscribed "FNF"; thence along said Soeth riaM-of-wav fine. Soq+li$8^ 04' 12" Bast, a distance cf 583.09 feet to a 5/8' iron rad 01 ° $6' 13" W est, a distance of E94 XS feet To a 518" iron rod with an orange plastic cap inscribed 'CONSULTING ENGINEERINO SERVICES"; Thence North Us 03' 47" West, a distance of 732.27 feet w the True Faint of Beginning, in Lana County, Oregon.