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HomeMy WebLinkAboutApplication Applicant 7/3/2023 (2)911 Country Club Rd, Sle 320 • Eugene, OR 97401 260 Country Club Rd, Ste 12D • Eugene, OR 97401 Phone: 541.741.1981 ��_a ��.\ P.O. Box 10211 • Eugene, OR 97440 Fax 541]41.0619 Phone: 541.687.9794 Fax 541.687.0924 Eyergwn TITLE INSURANCE SERVICES • ESCROW CLOSINGS May 12, 2023 Order No. 21-24383 2nd SUPPLEMENTAL TITLE REPORT Evergreen Land Title Company Estimated Premium for: 260 Country Club Road, Ste. 120 $450,000.00 Owners Policy $1,250.00 Eugene, OR 97401 Attn: Ken Boyst e-mail: Breakout Fee: Evergreen Land Title- 89% kenboyst@e rgreenlandtitle.com Underwriter -11% Dear Ken Boyst: TOTAL $1,250.00 UNDERWRITER: Stewart Title Guaranty Company -2006 ALTA POLICY We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT "A"ATTACHED HERETO Showing fee simple title as of May 05, 2023, at 8:00 a.m., vested in: CITY OF SPRINGFIELD Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. OrderNo. 21-24383 Page 1 of 5 SCHEDULE B 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. 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, 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other fads which a correct survey would disclose. 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. CURRENT EXCEPTIONS: 6. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 7. INTENTIONALLY DELETED. 8. Easement, granted to Mountain States Power Company, a Delaware corporation, its successors and assigns forever, including the terms and provisions thereof, by instrument Recorded September 19, 1945, Book 297, Page 285, Reception No. 157771, Lane County Oregon Records. 9. Easement, granted to Northwest Natural Gas Company, a corporation of the State of Oregon, including the terms and provisions thereof, by instrument Recorded October 5, 1961, Reception No. 46165, Lane County Oregon Records. 10. Pipeline Easement, granted to the City of Springfield, including the terms and provisions thereof, by instrument Recorded December 21, 2012, Reception No. 2012-065665, Lane County Oregon Records. 11. Restrictions as shown on the recorded plat as follows: "No buildings, structures, trees, shrubbery or other obstructions shall be placed on or located within the public utility easements" 12. Covenants, restrictions, and other notes as shown on the Plat of PARCEL 3, LAND PARTITION PLAT NO. 2020-P2943. 13. Easement, granted to Frank Porcaro and Connie K. Porcaro; MTOS Limited Partnership; Robert T. Jensen and Joyce A. Jensen, Trustees of the Jensen Trust Dated October 14, 1991; and Rex Ballenger and Bonnie Ballenger including the terms and provisions thereof, by instrument Recorded April 28, 2020, Reception No. 2020-020726, Lane County Oregon Records. OrderNa: 21-24383 Page2M5 14. A copy of the Partnership Agreement of MTOS Limited Partnership should be furnished to verify names of partners, and authority to execute the forthcoming transaction. 15. Terms and Provisions of the Trust referred to in the vesting herein. Please provide a copy ofthe Trust and any amendments thereto for Evergreen Land Title Company for examination. NOTE: Taxes, Mao No. 18-02-04-00-01511, Code 19-38, Account No. 1903468, 2022-2023, $0.00, paid in full. (Taxes not assessed due to government ownership) Taxes, Map No. 18-02-04-00-01511, Code 19-15, Account No.1903469, 2022-2023 $0.00, paid in full. (Taxes not assessed due to government ownership) NOTE: The address of the property to be insured herein is: NYA S 57th Street, Springfield, OR 97478. NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) FRANK PORCARO, CONNIE K. PORCARO, MTOS LIMITED PARTNERSHIP, ROBERT T. JENSEN, JOYCE A. JENSEN, Individually and as Trustees, REX BALLENGER, BONNIE BALLENGER and CITY OF SPRINGFIELD, and as of May 05, 2023, none were found. NOTE: Said property lies outside the city limits, therefore, is not subject to city liens. INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS. NOTE: The following applicable recording fees will be charged by Lane County: First Page $87.00 Each Additional Page $ 5.00 Non -Standard Document Fee $20.00 E -Recording Fee $ 5.00 INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which vests ownership 24 months ago are as follows: WARRANTY DEED RECORDED AUGUST 08, 2013, FROM GORDON C. GALLIC, TO REX BALLENGER AND BONNIE BALLENGER, AS TENANTS BYTHE ENTIRETY RECEPTION NO. 2013-043641. TRUSTEE'S DEED RECORDED APRIL 13, 2010, FROM TERENCE J. HAMMONS, TO FRANK PORCARO AND CONNIE K., PORCARO, HUSBAND AND WIFE, OR THE SURVIVOR, AS TO AN UNDIVIDED 36.3637% INTEREST; AND MTOS LIMITED PARTNERSHIP AS TO AN INDIVIDED 36.3636% INTEREST; AND ROBERTT. JENSEN AND JOYCE A. JENSEN, TRUSTEES OF THE JENSEN TRUST DATED OCTOBER 14, 1991 AS TOAN UNDIVIDED 24.2424% INTEREST; AND GORDON C. GALLIC, HIS HEIRS, SUCCESSORS AND/OR ASSIGNS AS TO AN INDIVIDED 3.0303% INTEREST, RECEPTION NO. 2010-017634. NOTE: SUPPLEMENTED TO UPDATE REPORT TO SHOW THE NEW ADJUSTED TAX AMOUNTS FOR 2021-2022 TAXES PAID. OrderNa: 21-24383 Page 3 of 5 NOTE: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE `Joseph M Silence Title Officer/ Title Manager cc: Evans, Elder, Brown & Seubert NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. OrderNa: 21-24393 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3, LAND PARTITION PLAT NO. 2020-P2943, as platted and recorded April 28, 2020, Reception No. 2020-020725, Lane County Deeds and Records, Lane County, Oregon. OrderNa: 21-24393 Page 5 a 5 After recording return to: (Name, Address, 21p) CITY OF SPRINGFIELD* SAME AS GRANTEE */IfY)kS,67tV W/5bf90W, 09 @7!116' Unlit requested otherwise, send all tax statements to: CITY OF SPRINGFIELD 225 Fifth Steel, Springfield, OR 97477 GRANTOR: FRANK PORCARO, CONNIE PORCARO, MICS LIMITED PARTe1ERSHIP, ROBERT T. JENSEN AND JOYCEA. JENSEN, Trustees of the Jensen Trust dated 10/14/1991, REX BALLENGER, and BONNIE BALLENGER GRANTEE: CITY OF SPRINGFIELD 225 Fifth Street, Springfield, OR 97477 ORDER NO. 21-24383 TAX ACCOUNT NO. 1903468 MAP NO. 18-02-04-00-01511 Lane County Clerk 2021-077164 Lane County Deeds & Records 12/15/2021 11:29:14 AM RPRDEEDCnt-1 Stn -9 CASHIER 30 10pages S50.00 511.00 S10.00 S61.00 $132.00 Space Above Reserved for Recorders Use STATUTORY SPECIAL WARRANTY DEED (Individual Grantor) ' FRANK PORCARO, CONNIE PORCARO, as tenants by the entirely, MTOS LIMITED PARTNERSHIP, ROBERT T. JENSEN AND JOYCE A. JENSEN, Trustees of the Jensen Trust dated 10/14/1991, REX BALLENGER, and BONNIE BALLENGER, Grantor, Conveys and specialty warrants to CITY OF SPRINGFIELD , Grantees, the following described real property free of encumbrances Created or suffered by the Grantor, except as specifically set forth herein, situated in Lane County, State of Oregon, to wit See Legal Description attached hereto as Exhibit "A" Subject to and excepting: Covenants, Conditions, Restrictions and Easements of record. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TRLE SHOULD ENQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 196-30). 1115.301 AND 106.706 TO 196.336 AND SECTIONS 6 TO 11, CHAPTER 424, OREGON LANG 0007. SECTIONS 2 TO 0 AND 1T, CHAPTER 066, OREGON LAWS 2009, AND SECTIONS t TO 7, CHAPTER 0, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED M THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SM3NMG OR VERIFY THAT THE UNIT OF IN ORB 92.0100R 216.010 AIB D ED IN ORS 30.10 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF GNDER ORS 106.300, 166.301 AND 195,305 TO 196.336 AND SECTIONS 5 TO 11, CHAPTER 421, OREGON LAWS SECTIONS 2 TO 0 AND 17, CHAPTER 666, OREGON LAWS 20)9, AND SECTIONS 2 TO I. CHAPTER B. OREGON 2010. The true and actual consideration for this conveyance is $450.000.00. (Here, Comply with the -- — requirements of ORS 93.030.) - The Conveyance Set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, is hereby approved, and the title or Interest conveyed therein is hereby accepted. City of Springfield E-Ia e 1zJI6/0.VJ Nancy New[ —City Manager Date Produced using RLID (w ..rlid.org) on 11/23/2022 at 10:12 AM Dated this day of FRANK PORCARO CONNIE PORCARO LHYa7H�IS1Y77�7b1:�L`1�:�9:119 Mike Alltucker President, MTOS Inc. MTOS Inc., as General Partner of MTOS Limited Partners 'p 6MNl State of as, County of ROBERT T JENSEN AND JOYCE A. JENSEN, TRUSTEES OF THE JENSEN TRUST DATED 10/14/1991 Robert T Jensen Trustee Joyce A. Jensen Trustee The foregoing instrument was acknowledged before me this day of by. Frank Porcaro and Connie Porcaro Before me Notary Public for My commission expires: State of as County of The foregoing instrument was acknowledged before me this day of by Mike Alltucker, President of MTOS Inc., as GeneraL-' Partner of MTOS Limited Partnership Before me. Notary Public for My commission expires: File No.: 21-24383 EVE Special W .Wy Deed Produced using RLID (www.rlid.org) on 11232022 at 10:12 AM ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE CRL1 before me, DANIEL NAVARRO, A NOTARY PUBLIC (insert name and title of the officer) personally appeared a"x r5vwl WCNIc v (No BctVMI' -6 0CTE who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANIEL Nnvngg0 WITNESS m hand and official seal. Norm apeuc- cxlrtormx Y mission Cowry Cmm.E Ir,2 r11,0 My Comm. E�plras.uar 11, 2Ot3 Signature (Seal) Produced using RLID (www.rlid.org) on 11232022 at 10:12 AM ZNKea„02vORCARO CONNIE PORCARO MTOS LIMITED PARTNERSHIP ROBERT I JENSEN AND JOYCE A. JENSEN, TRUSTEES OF THE JENSEN TRUST DATED Ta3a1gg1 Mire AWucker President, MTOS Inc. MTOS Inc- as General Partnerof MTOS Limied Robert T Jensen Partnership Trustee Joyce A. Jensen Trustee State of ss. County of The foregoing instrument was acknowledged before me ginsO� th day of %ie c e r be r- 2D2� hY .Frank Porcaro and Connie Porcaro JULIAN IANSU LEIMAN Befge me: r✓ot.ry CountArizans puWn, or Marmots SCounty Commission 144I mmrrkssionexppes: 5..� 14rZ02s My Commission Expires July 14, 2025 6s County of The foregoing instrument was acknowledged before are dks day of by Bike Alltncker, President of NTOS Inc., as Genera Partner of KTOS Limited Partnership Before me: Fine Nn 21-24363 E spmsm monstry oms0 Nolan, Pudic for My wrrurossion expires Produced using RLID (w ..rlid.org) on 11232022 at 10:12 AM Dated this lo"day of_r l��1 FRANK PORRC�ARO MTOS L Yi b PARTN HI /�. Mike Alltucker President, MTOS Inc. MTOS Inc., as General Partner of MTOS.Limited Partnership State of CONNIE PORCARO ROBERT T JENSEN AND JOYCE A. JENSEN, TRUSTEES OF THE JENSEN TRUST DATED 10/14/1991 Robert T Jensen Trustee Joyce A.Jensen Trustee ss. County of The foregoing instrument was acknowledged before me this - day of by.Frank Porcaro and Connie Porcaro Before me. State of V'�� Notary Public for My commission expires: County ofi� ss. W cl5hi>l%A The foregoing instrument was acknowledged before me this day of pPCQYJ� f�c� 1011 by. Mike Alltucker, President of MTOS Inc., as Genera Partner of MTOS Limited Partnership Before me: N tary Public for My commission a cplres: S M V 2`1 201 KYNDAL SAGERS s Notary Public Sfale of Nah 'I My Commission Expires on: e September 24, 2025 Comm. Number: 720559 File No.: 21-24383 EVE special Voarranly need Produced using RLID (www.rlid.org) on 11/23/2022 at 10:12 AM Dated this day of FRANK PORCARO CONNIE PORCARO MTOS LIMITED PARTNERSHIP Mike Alltucker President, MTOS Inc. MTOS Inc., as General Partner of MTOS Limited Partnership State of as. ROBERT T JENSEN AND JOYCE A. JENSEN, TRUSTEES OF THE JENSEN TRUST DATED 1 991 Robert T Jensen Trustee Joy Jrisen Trust County of The foregoing instrument was acknowledged before me this day of by.Frank Porcaro and Connie Porcaro Before me: Notary Public for My commission expires. State of ss. County of The foregoing instrument was acknowledged before me this day of -by. Mike Alltucker, President of MTOS Inc., as General Partner of MTOS Limited Partnership File No.. 21-24383 EVE Swml warranty Deed Before me: Notary Public for My commission expires: Produced using RLID (www.rlid.org) on 11/23/2022 at 10:12 AM State of Cq) _tIP)iG ss. County of'2l rersid¢ The foregoing instrument was acknowledged before me this /D an day of Elelemb[2 fid) by, Robert T. Jensen and Joyce A. Jensen, Trustees of the Jensen Trust dated 10/14/1991. Before me: IIAArr Alay"iG -/%J147 Notary Public foreregem (akArnix My commission expires: NOVMIWIZ or PleasC Ste a++ached CIWv~n i aW State of W County of The foregoing instrument was acknowledged before me this day of by. Rex Ballenger and Bonnie Ballenger Rie No.. 21-24383 EVE Special Warranty Deed Before me: Notary Public for Oregon My commission expires: Produced using RLID (www.rlid.org) on 11232022 at 10:12 AM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officercompleling this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 Coumyof R)VCrside n1} On Diii /D#".01021 before me, I.aYOI%M %WIP VaU9__I OPMV Date Here Insert Name and U Title of the Offlei personally appeared WeRf 777UM x(nfLh 0 trout[ /'inn .ynsen Nome(s)of5 ne s) who proved to me on the basis of satisfactory evidence to be the persorePwhose nanneWs/& subscribed to the within instrument and acknowledged to me that (i'e/shle6p executed the sameiin fits/her/tt(e authorized capacity(I'k and that by Vs/her/�!(e signatur all on the Instrument the persolQ($�, or the entity upon behalf of which the perso s�cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�aY(,/�yrg .LlCly/a r giC�,t-./I/' Place Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner— 0 Limited 0 General 0 Individual 0 Attorney In Fact 0 Trustee 0 Guardian of Conservator 0 Other: Signer is Representing: ©2017 National Notary Association Pages: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner— 0 Limited 0 General 0 Individual 0 Attorney In Fact 0 Trustee 0 Guardian of Conservator O Other: Signer is Representing: Produced using RLID (www.rlid.org) on 11232022 at 10:12 AM EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3, LAND PARTITION PLAT NO. 2020-P2943, as platted and recorded April 28, 2020, Reception No. 2020-020725, Lane County Deeds and Records, Lane County, Oregon. FileNo.: 21-24363 EVE special Warranty Deed Produced using RLID (w vrlid.org) on 11232022 at 10:12 AM Page 3 of 3 Certification of Charges Paid 1'w (2015 Oregon Laws Chapter 96) All of the charges against the real property have been paid that is the subject of the deed between: Account# Grantor: 1903469 & 1903468 BALLENGER REX & BONNIE JENSEN TRUST MTOS LIMITED PARTNERSHIP PORCARO FRANK & CONNIE K Consideration Amount: Grantee: $450,000.00 CITY OF SPRINGFIELD peed Signed on Date: 12/10/2021 Assessor's Signature (or representative): Da mm12/15/2021 Produced using RLID (www.rlid.org) on 11232022 at 10:12 AM