HomeMy WebLinkAboutApplication Applicant 10/16/2023 (2)RETURN TO CASCADE TITLE Co.
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CASCADE
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TITLE NO. 0258239 A V >
ESCROW NO. GU08-0810
TAX ACCT. NO. 0212033
MAP/TAX LOT NO. 17 03 25 3 4 #3900
Division of Chief Deputy Clerk n
Lane County Deeds and Records 20V$-058156
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CRSNIER 07
WARRANTY DEED -- STATUTORY FORM
MCKAY INVESTMENT COMPANY, LLC, an Oregon Limited Liability Company, Grantor,
conveys and warrants to
MERCURY DIME, LLC, an Oregon Limited Liability Company, Grantee,
the following described real property free of encumbrances except as specifically set forth herein.
SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.3009 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, 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 COUN'T'Y PLANNING DEPARTMENT
TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL, AS DEFINEI) IN ORS 92.010 OR 215.0101 TO VERIFY THE APPROVER 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
INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER OILS
195.300, 195.301
AND 195.305 TO 195,336
AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LA'Ir'VS 2007.
Except the following encumbrances:
Covenants, Conditions, Restrictions and Easements of record.
The true consideration for this conveyance is $6,225,000.00 .
Dated this. "'T 4day ofabbez
MCKAY INVESTMENT COMPANY, LLC
r
mbarr ;P -e Z I
BY.
GER
State of Oregon
County of LANE
This instrument was acknowledged before me on _ _ _ '41t�, 2408 by LINDA L. KORTH AND J.
DOUGLAS MCKAY, MANAGERS OF MCKAY INVESTMENT COMPANY, LLC.
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MCKAY INVESTMENT COMPANY, LLC
2350 OAKMONT WAY, SUITE 204
EUGENE, OR 97401
GRANTOR'S NAME AND ADDRESS
MERCURY DIME, LLC
P.O. BOX 26125
EUGENE, OR 97402
GRANTEE'S NAME AND ADDRESS
VAI R D
tNOo
My commissi
pires
Until a change is requested
all tax statements shall be
sent to the following address:
***SAME AS GRANTEE***
After recording return to:
CASCADE TITLE CO.
811 WILLAMETTE
EUGENE, OR 97401
•
Order
Page 4
No. 0258239
PROPERTY DESCRIPTION
Beginning at a point being North 890 41' 53" West, 308.56 feet (record 308.64 feet) from
the Southeast corner of Block 6 of MOHAWK FIRST ADDITION, as platted and recorded in Book
15, Page 23, Lane County Oregon Plat Records; and running thence North 40 24' 51." East,
104.16 feet; thence North 700 22' 19" west, 133.23 feet to the Easterly margin of Mohawk
Highway; thence along said Easterly margin North 290 13' 07" East, 194.69 feet; thence
leaving said Easterly margin and run South 600 47' 00" East, 90.00 feet; thence North 290
13' 07" East, 95.00 feet; thence South 150 47' 00" East, 7.07 feet; thence South 600 47'
00" East, 5.00 feet; thence North 280 13' 07" East, 80.00 feet; thence North 600 47' 00"
West, 5.00 feet; thence South 740 13' 00" west, 14.14 feet; thence North 600 47' 00" West,
85.00 feet to said Easterly margin of Mohawk Highway; thence along said Easterly margin
North 290 13 ' 07" East, 183,70 feet; thence leaving said Easterly' margin run South 890 44'
15" East, 165.65 feet to the East line of said Block 6; thence along said East line North
00 13' 30" East, 21.71 feet; thence leaving said East line run South 890 4 6' 30" East, 141.99
feet; thence North 700 06' 00" East, 30.02 feet; South 740 28' 08" East, 62.15 feet; thence
South 890 53' 24" East. 152.99 feet; thence North 580 49' 12" East, 25.85 feet; thence South
890 48' 26" East.. 34 .65 feet to the West margin of 18th Street; thence along said West margin
South 00 11' 34" West, 692.06 feet to the North margin of Centennial Boulevard; thence
leaving said West margin and running along the North margin of centennial Boulevard the
following four (4) courses: 17 North 890 49' 36" West, 252.70 feet; thence 2) along the
arc of a 1708.48 foot radius curve to the right, the chord of which bears North 860 19'
36" West, 208.60 feet, a distance of 208.73 feet; thence 3) along the arc of a 2317.33 foot
radius curve to the left, the chord of which bears North 860 19' 36" West, 282.94 feet,
a distance of 283.12 feet; thence 4) North 8q0 49' 36" West, 5.42 feet; thence leaving said
North margin run North 00 10' 24" East, 14.34 feet to the point of beginning, in Springfield,
Lane county, Oregon.
6
PRELIMINARY TITLE REPORT
EASTMARK CAPITAL GROUP LLC May 15, 2023
ATTN: STEVEN YETT Report No: 0339530
Your No:
Seller: MERCURY DIME, LLC
Buyer: EASTMARK CAPITAL GROUP, LLC
PRELIMINARY REPORT FOR:
Owner's Standard Policy $T/C
PREMIUMS:
Owner's Standard Premium
Gov. Lien/Inspect Fee
$T/C
$35.00
We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(les) of OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described
as follows:
Parcel 1, LAND PARTITION PLAT NO. 2019-P2892, as platted and recorded October 16, 2019,
Reception No. 2019-046551, Lane County Deeds and Records, in Lane County, Oregon.
Vestee:
MERCURY DIME, LLC
an Oregon Limited Liability Company
Estate: FEE SIMPLE
DATED AS OF: MAY 04, 2023 at 8:00 A.M.
Schedule B of the policy(les) to be issued will contain the following general and special
exceptions unless removed prior to issuance:
GENERAL EXCEPTIONS (Standard Coverage Policy 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.
No liability is assumed hereunder until policy has been issued and full policy prenuum has been paid.
MAIN OFFICE FLORENCE OFFICE VILLAGEPLAEAOFFICE
811 MLLAIvlETPEST. 715N 101' FLORENCE OREGON 97439 4750VILLAGEPLAZALOOPSUITE100
EUGENE, OREGON 97401 MAILING: PO BOX 508" FLORENCE, OREGON 97439 EUGENE OREGON 97401
PB: (541) 687-2233' FAX: (541) 485-0Ms PH: (Ml)997-M17-FAX: (Ml)W7-8246 PH: (541) 653-8622' FAX: (541) 8441626
Order No. 0339530
Page 2
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey
of the 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.
SPECIAL EXCEPTIONS:
6. Rights of the public in and to that portion lying within streets, roads and highways.
7. Easements, notes, conditions, restrictions and dedications as shown, set forth, and/or
delineated on the recorded Plat of Mohawk First Addition, recorded in Reception No.
£015 .023, Lane County Oregon Plat Records.
8. Covenants, conditions, restrictions and easements, including the terms and provisions
thereof, (but omitting covenants or restrictions, if any, based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, or source of income, as set forth in applicable
state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law) in Declaration recorded October 7, 1949, Reception No.
b403 p093, Lane County Oregon Deed Records. (Affects that portion in Mohawk First
Addition)
9. Easement, including the terms and provisions thereof, granted to First National Sank,
by instrument recorded February 5, 1963, Reception No. 1963-098548, Lane County Oregon
Deed Records.
10. Public Utility Easement, including the terms and provisions thereof, granted to the
City of Springfield, recorded June 11, 1963, Reception No. 1963-013832, Lane County
Oregon Deed Records.
11. Easement, including the terms and provisions thereof, granted to Northwest Natural
Gas Company, by instrument recorded September 19, 1961, Reception No. 1961-044347,
Lane County Oregon Deed Records.
12. Public Utility Easement, including the terms and provisions thereof, reserved by the
City of Springfield, in Ordinance No. 1808, recorded May 1, 1972, Reception No.
1972-097020, Lane County Official Records, Vacating a portion of Centennial Boulevard.
13. Easement for Utilities, if any such exist, within the bounds of that portion of
Centennial Boulevard, now vacated.
14. Easement, including the terms and provisions thereof, granted to the City of
Springfield, recorded January 17, 1977, Reception No. 1977-002804, Lane County
Official Records.
15. Easement, including the terms and provisions thereof, granted to the City of
Springfield, recorded January 17, 1977, Reception No. 1977-002805, Lane County
Official Records.
16. Easement, including the terms and provisions thereof, granted to the City of
Springfield, recorded September 14, 1998, Reception No. 1998-073229, Lane County
Official Records.
17. Declaration of Cross Easements, including the terms and provisions thereof, as recorded
November 22, 2005, Reception No. 2005-093358, Lane County Deeds and Records.
Order No. 0339530
Page 3
10. Restrictive Covenants, including the terms and provisions thereof, recorded November
22, 2005, Reception No. 2005-093359, Lane County Deeds and Records.
19. Financing Statement recorded January 4, 2016, Reception No. 2016-000059, Lane County
Deeds and Records, lists Mercury Dime, LLC, as Debtor, and North Cascades Bank, Division
of Glacier Bank, as Creditor, with security information obtainable from creditor.
Said Financing Statement was extended by continuation statement recorded November
5, 2020, Reception No. 2020-O64715, Lane County Deeds and Records.
20. Unrecorded Lease, including the terms and provisions thereof, dated February 23, 2006,
between McKay Investment Company, LLC, Lessor, and Lise Schmidt dba Mohawk Paperbacks
Plus, Lessee, as evidenced by Agreement recorded January 21, 2016, Reception No.
2016-002456, Lane County Deeds and Records.
The lessor's interest under said Lease was duly conveyed of record to Mercury
Dime, LLC, an Oregon Limited Liability Company, by Warranty Deed recorded October 22,
2008, Reception No. 2008-050256, Lane County Deeds and Records.
21. Unrecorded Lease, including the terms and provisions thereof, dated August 27, 2013,
between Mercury Dime, LLC, Lessor, and Cheri Gielish and Jeff Gielish, Lessee, as
evidenced by Agreement recorded January 21, 2016, Reception No. 2016-002457, Lane
County Deeds and Records.
22. Unrecorded Lease, including the terms and provisions thereof, dated November 30, 2013,
between Mercury Dime, LLC, Lessor, and Cheri Gielish and Jeff Gielish, Lessee, as
evidenced by Agreement recorded January 21, 2016, Reception No. 2016-002458, Lane
County Deeds and Records.
23. Unrecorded Lease, including the terms and provisions thereof, dated November 16, 2014,
between Mercury Dime, LLC, Lessor, and Zach Smith and Andrew Crippen, Lessee, as
evidenced by Agreement recorded January 21, 2016, Reception No. 2016-002459, Lane
County Deeds and Records.
24. Unrecorded Lease, including the terms and provisions thereof, dated November 16, 2014,
between Mercury Dime, LLC, Lessor, and Andrew Crippen and Zach Smith, Lessee, as
evidenced by Agreement recorded January 21, 2016, Reception No. 2016-002460, Lane
County Deeds and Records.
25. Unrecorded Lease, including the terms and provisions thereof, between Mercury Dime,
LLC, an Oregon limited liability company, Lessor, and Harbor Freight Tools USA, Inc.,
a Delaware corporation, Lessee, dated April 3, 2017, as evidenced by Memorandum of
Lease, recorded September 27, 2017, Reception No. 2017-047868, Lane County Deeds and
Records.
26. Notice of Operations and Maintenance Agreement, Private Stormwater Management and
Treatment System, including the terms and provisions thereof, recorded April 23, 2018,
Reception No. 2018-010650, Lane County Deeds and Records.
27. Deed of Trust, including the terms and provisions thereof, executed by Mercury Dime,
LLC, an Oregon Limited Liability Company, Grantor, to Cascade Title Co., Trustee, for
the benefit of North Cascades Bank, Division of Glacier Bank, Beneficiary, dated March
1, 2019, recorded March 4, 2019, Reception No. 2019-008002, Lane County Deeds and
Records, to secure payment of a note in the amount of $3,875,495.00. (Also Includes
Other Property)
28. Assignment of rents due or to become due and accruing from said property, including
the terms and provisions thereof, between Mercury Dime, LLC, an Oregon Limited
Liability Company, and North Cascades Bank, Division of Glacier Bank, dated March 1,
2019, recorded March 4, 2019, Reception No. 2019-008003, Lane County Deeds and Records.
(Also Includes Other Property)
Order No. 0339530
Page 4
29. Easements, notes, conditions, restrictions and dedications as shown, set forth, and/or
delineated on the recorded Plat of Land Partition Plat No. 2019-P2892, recorded October
16, 2019, Reception No. 2019-046551, Lane County Deeds and Records.
30. Easement, including the terms and provisions thereof, granted the City of Springfield,
a municipal corporation of the State of Oregon, acting by and through its Springfield
Utility Board, by instrument recorded October 16, 2019, Reception No. 2019-046552,
Lane County Deeds and Records.
31. The rights of tenants holding under unrecorded leases.
32. Sign Easement Agreement, including the terms and provisions thereof, dated November
15, 2019, between C4 0£ Oregon LLC, an Oregon limited liability company, and Mercury
Dime, LLC, an Oregon limited liability company, recorded November 18, 2019, Reception
No. 2019-052744, Lane County Deeds and Records.
33. Water System Easement Agreement, including the terms and provisions thereof, dated
November 15, 2019, between C4 0£ Oregon LLC, an Oregon limited liability company, and
Mercury Dime, LLC, an Oregon limited liability company, recorded November 18, 2019,
Reception No. 2019-052745, Lane County Deeds and Records.
34. Cross Access 6 Parking Easement Agreement, including the terms and provisions thereof,
dated November 15, 2019, between C4 0£ Oregon LLC, an Oregon limited liability company,
and Mercury Dime, LLC, an Oregon limited liability company, recorded November 18, 2019,
Reception No. 2019-052746, Lane County Deeds and Records.
35. Notice of Operations and Maintenance Agreement, including the terms and provisions
thereof, recorded March 9, 2020, Reception No. 2020-011793, Lane County Deeds and
Records.
NOTE: The property address as shown on the Assessor's Roll is:
1250, 1480, 1484, 1406 6 1488 18th Street
Springfield, OR 97477
1650, 1710, 1780 6 1792 Centennial Blvd
Springfield, OR 97477
1449, 1453, 1455, 1457, 1459, 1471, 1479, 1485, 1487, 1489 6 1491 Mohawk Blvd
Springfield, OR 97477
NOTE: Taxes, Account No. 1906404, Assessor's Map No. 17 03 25 3 4, 43902, Code 19-00,
2022-2023, in the amount of $93,028.42, PAID IN FULL.
NOTE: A judgment search has been made on the above named Vestee(a) , and we find NONE except
as set forth above.
NOTE: As of the date hereof, there are no matters against EASTMARK CAPITAL GROUP LLC, A
WASHINGTON LIMITED LIABILITY COMPANY, which would appear as exceptions in the policy to
issue, except as shown herein.
This report is preliminary to the issuance of a policy of title insurance and shall become
null and void unless a policy is issued and the full premium paid.
Cascade Title Co.
es/rh: Title Officer: KURT BEATY