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HomeMy WebLinkAboutApplication Applicant 10/16/2023 (2)RETURN TO CASCADE TITLE Co. T CASCADE TITLE CO. -J 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 ', 11 IJ /J � rJ • �� �� � rJ �J � � �J �� �� �J RPR -DEED Ont= 1 Stn=S $10.00 $11.00 $10.00 10/12/2008 030,561601 Ph 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. 6oN `9l a-32IM1 3S ShIdY3 NOISS'NV400 A ZZ395F 'oN Na1SSAVIOO N09380- on9nd mdvioisi 13131183109 VSS113W IV3S-1V101JJ0 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