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Home My WebLink AboutDeed APPLICANT 7/15/2022Lane County Clerk 2U15��3�1T� Lane County Deeds and Records + J Recorded at the request of 111111111111111111111111IIIIIIIIIIIIIIIII11111111 $47.00 015I73302015ee371720020020 and after recording return to: 07/27/2015 11:30:04 AM Schirmer Satre Group RPR-ESMT Cnt=1 Stne15 CASHIER 11 375 W. 4th Ave. Ste. 201 $5.00 $10.00 $11.00 $21.00 Eugene, OR 97401 PRIVATE ACCESS EASEMENT Know all persons by these presents, that, Fifth St. Project, LLC, an Oregon Limited Liability Company, hereinafter referred to as the Grantor, does hereby grant, bargain, sell and convey unto Cladd Enterprises, LLC, an Oregon Limited Liability Company, hereinafter referred to as the Grantee, a non-exclusive, perpetual, appurtenant easement, together with the right to go upon said easement area hereinafter described for purposes of private access over the following described property: Situated in the City of Springfield, Lane County, State of Oregon in the Southeast 1/4 of the Northwest 1/4 of Section 26, Township 17 South, Range 3 West of the Willamette Meridian and described as follows: Being the northerly 25.00 feet, by perpendicular measurement, of the easterly 196.00 feet, of those lands conveyed to Party 1 and described on Exhibit A of that Property Line Adjustment Deed recorded on March 23, 2015 as Reception Number 2015-011529 in the Lane County Oregon Official Records. The owners or occupiers of the lands affected by this easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. No vehicle parking or storage of vehicles shall be allowed by any party within the easement area, including the agents, employees, tenants, and invitees of said owners, which would restrict the use of the easement area by the Grantee or Grantor. The cost of any maintenance or repair of the driveway improvements within the easement area shall be the sole responsibility of the Grantor. To have and hold the above easement by the said Grantees, their successors and assigns forever. Dated this 2 0 day of S W y 2015. GRANTOR: Fifth St. Project, LLC i Mich,pf O'Connell, Sr., Member STATE OF OREGON ) County of Lane )SS On 5,1') Z , 2015 personally appeared the above named Michael O'Connell, Sr. as a Member of Fifth St. Project, LLC and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon OFFOALarAW My commission expires: Sly 27, 201$ � ALM UM �P IUMM ommmoNEt OM PRIVATE ACCESS EASEMENT Page 1 of 1 Fidelity National Title Company of Oregon Order No. 60222204918 Fidelity National Title cempmyoFomgon 800 Willamette Street, Ste 500 (541)6835422 OWNERSHIP AND ENCUMBRANCES REPORT WITH GENERAL INDEX LIENS Informational Report of Ownership and Monetary and Non -Monetary Encumbrances To ("Customer'): Cladd Enterprises LLC 2378 11TH Street Florence, OR 97439 Customer Ref.: 1942 5th Street Order No.: 60 22 22 04 91 8 Effective Date: July 7, 2022 at 08:00 AM Charge: $300.00 The information contained in this report is furnished by Fidelity National Title Company of Oregon (the "Company") as a real property information service based on the records and indices maintained by the Company for the county identified below. THIS IS NOT TITLE INSURANCE OR A PRELIMINARY TITLE REPORT FOR, OR COMMITMENT FOR, TITLE INSURANCE. No examination has been made of the title to the herein described property, other than as specifically set forth herein. Liability for any loss arising from errors and/or omissions is limited to the lesser of the charge or the actual loss, and the Company will have no greater liability by reason of this report. THIS REPORT IS SUBJECT TO THE LIMITATIONS OF LIABILITY STATED BELOW, WHICH LIMITATIONS OF LIABILITY ARE A PART OF THIS REPORT. THIS REPORT INCLUDES MONETARY AND NON -MONETARY ENCUMBRANCES. Part One - Ownership and Property Description Owner. The apparent vested owner of property (the Property') as of the Effective Date is: Cladd Enterprises LLC, an Oregon limited liability company Premises. The Property is: (a) Street Address: 1942 5th Street, Springfield, OR 97477 (b) Legal Description: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222204918 Part Two - Encumbrances Encumbrances. As of the Effective Date, the Property appears subject to the following monetary and non -monetary encumbrances of record, not necessarily listed in order of priority, including liens specific to the subject property and general index liens (liens that are not property specific but affect any real property of the named person in the same county): EXCEPTIONS 1. 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 2022-2023. 2. The subject property is under public, charitable, fraternal, or religious organization ownership and is exempt from ad valorem taxation. Any change in ownership prior to delivery of the assessment roll may result in tax liability. Tax Account No.: 0218956 Map No.: 17-03-26-24-03000 Exemption Type: Child Care Facilities 3. City Liens, if any, in favor of the City of Springfield. 4. Rights of the public to any portion of the Land lying within the area commonly known as streets, roads and highways. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Eugene, a municipal corporation Purpose: Right ofway; utilities Recording Date: August 2, 1926 Recording No: Book 150, Page 149 & 150; Reception No. 75439 Affects: Exact location not disclosed 6. A deed of trust to secure an indebtedness in the amount shown below, Amount: $168,750.00 Dated: April 16, 2015 Trustor/Grantor: Cladd Enterprises LLC, an Oregon limited liability company Trustee: Evergreen Land and Title Company Beneficiary: Columbia State Bank Loan No.: 36000410 Recording Date: April 17, 2015 Recording No.: 201 5-01 594 8 An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Cladd Enterprises LLC, an Oregon limited liability company and Columbia State Bank Recording Date: March 22, 2021 Recording No: 20 21-01 9701 An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Recording Date: April 17, 2015 Recording No: 201 5-01 594 9 Informational Reportof Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222204918 Terms, provisions and conditions, including, but not limited to, maintenance provisions, and a covenant to share the costs of maintenance, contained in Private Access Easement Recording Date: July 27, 2015 Recording No.: 2015-037172 End of Reported Information There will be additional charges for additional information or copies. For questions or additional requests, contact: Londa Minyard 541-683-5422 londa.minyard@fnf.com Fidelity National Title Company of Oregon 800 Willamette Street, Ste 500 Eugene, OR 97401 Informational Report of Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) EXHIBIT "A" Legal Description For APN/Parcel I D(s): 0218956 For Tax Map ID(s): 17-03-26-24-03000 Situated in the City of Springfield, Lane County, State of Oregon, in the Southeast A of the Northwest A of Section 26, Township 17 South, Range 3 West of the Willamette Meridian and described as follows: Being all of the lands conveyed in that General Warranty Deed from Carla Janine Edmonds McQuillan and Lucas Paul McQuillan to Cladd Enterprise, LLC, Recorded November 25, 2008 as instrument Number 2008-063637 in the Lane County Oregon Deeds and Records, as described as follows: Commencing at a point in the West line of 5th Street of the Town of Springfield, Lane County, Oregon, extended, which is 627.82 feet West and 694.41 feet North of the Southeast corner of Jacob Halstead and wife Donation Land Claim No. 47, Section 26, Township 17 South, Range 3 West of the Willamette Meridian, in Lane County Oregon; thence North on and along said West line of 5th Street 72.96 feet; thence due West 627 feet; thence South 72.96 feet; thence East 627 feet, more or less, to the Point of Beginning, said land being a part of the Seaveytracts lying North of Springfield, Lane County, Oregon. EXCEPT the Westerly 313.50 feet, by perpendicular measurement, thereof. Informational Reportof Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222204918 LIMITATIONS OF LIABILITY "CUSTOMER" REFERS TO THE RECIPIENT OF THIS REPORT CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REQUESTED REPORT, HEREIN 'THE REPORT." CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED. CUSTOMER AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS TERMS 11:1iAI7lI1/ttlN]:69_1:77:69Y�1:[H44.9t11Ui1:Ii�I7lI1/ttlN]:69441:bY11:�919i1:IxHe]:11:7t[NI ONLY MATTERS IDENTIFIED IN THIS REPORT AS THE SUBJECT OF THE REPORT ARE WITHIN ITS SCOPE. ALL OTHER MATTERS ARE OUTSIDE THE SCOPE OF THE REPORT. CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE REPORT. CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE THE CUSTOMER IS PAYING, WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO THE CUSTOMER WITHOUT SAID TERM. CUSTOMER RECOGNIZES THAT THE COMPANY WOULD NOT ISSUE THE REPORT BUT FOR THIS CUSTOMER AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THE REPORT. THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THE REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTY AS TO THE REPORT, ASSUMES NO DUTIES TO CUSTOMER, DOES NOT INTEND FOR CUSTOMER TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE REPORT OR OTHERWISE. Informational Reportof Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No. 60222204918 IF CUSTOMER (A) HAS OR WILL HAVE AN INSURABLE INTEREST IN THE SUBJECT REAL PROPERTY, (B) DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND (C) DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BYTHE COMPANY, THEN CUSTOMER MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCT OR SERVICE PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE REPORT, AND NO LIABILITYTO ANYTHIRD PARTY IS UNDERTAKEN BYTHE COMPANY. CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON -OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANYS OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANYS OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES. END OF THE LIMITATIONS OF LIABILITY Informational Reportof Ownership and Monetary and Non -Monetary Encumbrances (Ver. 20161024)