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
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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
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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
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34
CISSON NO.
EXPIRES SEPTEMBER 16, 2017
07112N,0026:26090685.3
PUBLIC FOR OREGON
MY CONI S S ICN IRE S : • �
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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
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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
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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
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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.