HomeMy WebLinkAboutApplication Applicant 3/13/2024City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
a
SPRINGFIELD
ILrA}r0
Annexation Application Type
ADnlication Tvoe fAnnlicant.- Check nnp)
(Annexation Application Completeness Check:
❑
Annexation Api2lication Submittal:
Required • • • • • • •
• rSection)
Property Nles Hanson
Phone: 5419544678
Address: t33'31 Franklin Boulevard, Eugene OR 97403
E-mail:
nhanson@nwstampnig.com
Owner Signature:
Owner Signature:
Ni(cs �- l-�a�SVH (o �e��..T'. 2r av
sc�1n v�•• v-
Agent Name: Evan Arkin
Phone: 4582106328
Company: Hanson Properties II, LLC
Fax:
Address: 4884 Franklin Blvd., Eugene, OR 97403
E-mail earkin@rosenvisor.com
Agent _
.Signature:
If the applicant is other than the owner, the owner hereby grants permission for the applicant
to act in his or her behalf, except
where signatures of the owner of record are required, only the owner may sign the petition.
ASSESSOR'S MAP
17-03-34-33
100
NO:
TAX LOT
NOS
Propert Address:
3331 Franklin Blvd., Eugene, OR 97403
Area of Requests Acres: 2.44 Square Feet:
Existing Use: Office Mixed -Use (Glenwood)
Proposed Use: Office Mixed -Use (Glenwood)
,Required ' • • • •(CityIntake Complete
ll11l t�
Case No.:�ia ��V v��� Date: 3 3'a
Reviewed
By:
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initials
Project No.: ?I a3_()0D&1 -7- r90
Placard:
Application
Fee: � �� I �� postage Feer
Total Fee.
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Revised 04/17/2023 sim Page 8 of 16
Owner Signatures
This application form is used for both the required completeness check meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
Completeness Check
Owner:
The undersigned acknowledges that the information in this application is correct
and accurate for scheduling of the Completeness Check Meeting. If the applicant is
not the owner, the owner hereby grants permission for the applicant to act in
his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all
statutory timelines, information, requests and requirements conveyed to my
representative.
V W 1�
Signature
Print
Submittal
Owner:
Date: 12) z9 [2- 3
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Completeness Check Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
U- ( � _ Date:
Signature
Ni'6 nS®►n
Print
1 z3
Revised 04/17/2023 slm Page 9 of 16
Subject: Annexation Application for 3331 Franklin Blvd., Eugene, OR 97403
Dear City of Springfield Planning Department,
I am writing to submit an application for the annexation of the commercial property
located at 3331 Franklin Blvd. into the City of Springfield. This property has recently
come under my ownership, and I am committed to ensuring that the existing use of the
property for storage will be maintained throughout the annexation process and into the
foreseeable future.
In accordance with the specified approval criteria, I would like to address each point
individually:
A. Contiguity within Urban Growth Boundary: The affected territory proposed for
annexation lies within the City's portions of the urban growth boundary and is
contiguous to the existing city limits. This aligns with the city's goals for orderly and
sustainable expansion.
B. Consistency with Metro Plan and Applicable Policies:The annexation is in full
accordance with the Metro Plan and all applicable policies, as well as any refinement
plan or Plan Districts that govern the area. The proposed land use for storage is
consistent with the existing zoning and land use designations outlined in the city's
planning documents.
C. Provision of Urban Facilities and Services: The annexation will result in a boundary
where a minimum level of key urban facilities and services can be provided in an orderly,
efficient, and timely manner. The property is well -served by existing infrastructure, and
the maintenance of its current storage use will not impose an undue burden on city
services.
D. Mitigation of Fiscal Impacts through Annexation. Agreement: To ensure
responsible fiscal management, I am committed to mitigating any potential fiscal
impacts on the City through a signed Annexation Agreement. This agreement will
outline the terms and conditions under which the annexation will occur, addressing any
concerns related to public services, infrastructure upgrades, or other fiscal
considerations.
In conclusion, this annexation request is presented with due consideration to the City's
urban planning goals and policies. I am dedicated to preserving the existing use of the
property for storage, contributing positively to the community, and adhering to all
applicable regulations and agreements.
Thank you for considering this application. I look forward to the opportunity to discuss it
further during the review process.
Sincerely,
Niles Hanson
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FORM 2
OWNERSHIP WORKSHEET
(This form is NOT the petition)
(Please include the name and address of ALL owners regardless of whether they
signed an annexation petition or not.
OWNERS
Property
Designation
Ma /lot number
Name of Owner
Assessed
Acres Value
Imp. Signed
Y / N Yes
Signed
No
.� 6
ACREAGE SIGNED FOR
I tit
PERCENTAGE OF ACREAGE SIGNED FOR
'Vo
TOTAL VALUE IN THE PROPOSAL
VALUE CONSENTED FOR
iii '7 A/,Ij.2�Z
AOOWO
PERCENTAGE OF VALUE CONSENTED FOR
�z/o
TOTALS:-
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
1
O0610
NUMBER OF OWNERS WHO SIGNED
PERCENTAGE OF OWNERS WHO SIGNED
TOTAL ACREAGE IN PROPOSAL
.� 6
ACREAGE SIGNED FOR
I tit
PERCENTAGE OF ACREAGE SIGNED FOR
'Vo
TOTAL VALUE IN THE PROPOSAL
VALUE CONSENTED FOR
iii '7 A/,Ij.2�Z
AOOWO
PERCENTAGE OF VALUE CONSENTED FOR
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Revised 04/17/2023 slm 13 of 16
FORM 3
SUPPLEMENTAL INFORMATION FORM
(Complete aH the following questions and provide all the requested information. Attach
any responses that require additional space, restating the question or request for
information on additional sheets.)
Contact Person: _ 4 � n
E-mail: e"r��CQ ��Sen�,St7c
Supply the following information regarding the annexation area.
• Estimated Population (at present): 6
• Number of Existing Residential Units:
• Other Uses:
• Land Area: _ total acres
• Existing Plan Designation(s): Q_ N►,'x���
• Existing Zoning(s): ; ktnw-" t)9 al; L)sc _
• Existing Land Use(s): Q�; .,.� ;I ,--- Scales d^X Wel re11to0
• Applicable Comprehensive Plan(s): � 2�4-em ZC'3a
• Applicable Refinement Plan(s): �fuu Re_Ay. 1.14 Pan (Zo")
• Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans, g2) 'l� �
�'/uA
• Are there development plans associated with this proposed annexation?
Yes EI No
If yes, describe.
• Is the proposed use or development allowed on the property under the current
plan designation and zoning?
Yes No 17
• Please describe where the proposed annexation is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria).
AS
Revised 04/17/2023 slur Page 14 of 16
Does this application include all contiguous property under the same ownership?
Yes No 17-1
If no, state the reasons why all property is not included:
• Check the special districts and others that provide service to the annexation area.
❑ Glenwood Water District
❑ Eugene School District
❑ Springfield School District
❑ Pleasant Hill RFPD
❑ EPUD
❑ Rainbow Water and Fire District
❑ Pleasant Hill School District
❑ McKenzie Fire & Rescue
❑ Willakenzie RFPD
❑ SUB
❑ Willamalane Parks and Rec District ❑ Other
• Names of persons to whom staff notes and notices should be sent, in addition to
applicant(s), such as an agent or legal representative.
(Name) (Name)
(Address) (Address)
(City) (Zip) (City) (Zip)
(Name)
(Address)
(City)
(Name)
(Address)
(Zip) (City)
Revised 04/17/2023 sim Page 15 of 16
FORM 4
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION PURSUANT TO ORS 222.173
This waiver of the time limit is for the following described property:
3`3-31 V;-k'kt. 6l.)C1_
Map and Tax Lot Number Street Address of Property (if address has been
assigned)
ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above understand the annexation
process can take more than one year but desire to annex to have City services.
Therefore, we agree to waive the one-year time limitation on this petition to
annex established ,by Oregon Revised Statutes 222.173, and further agree
that this contract shall be effective [ ] indefinitely or [ ] until
Date
Sianatures of Leaal Owners
Please print or type name
Signature
Date Signed
I, l's a
0
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LCOG: L: \BC�2008 BOUNCHANGE TRANSITION�APPLICATION FORMS\SPRINGFIELD\10-03-08 UPDATED FORMS\PRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08. DOC
Last Saved: May 3, 2023
Revised 04/17/2023 sim Page 16 of 16
�Vorthstar
S U R V E Y I N G
DAVID ANDREW HALLOCK - REGISTERED SURVEYOR
720 NW 4th Street, Corvallis, Oregon 97330 Phone 541-757-9050
Property Legal Description
For
Brooks Limited Family Partnership
A portion of that tract of land conveyed to Brooks Limited Family Partnership per Deed
Instrument 1996-83168 Lane County Deed Records, lying in the Southwest Quarter of Section
34, Township 17 South, Range 3 West, Willamette Meridian, Lane County, Oregon, more
particularly described as follows:
Beginning at a 3/4 inch pipe at the Southwest corner of said Brooks Limited Family Partnership
Tract; Thence along the West line of said tract N 00000'00" E 523.80 feet to a 5/8 inch rod on the
South Right of Way line of Franklin Blvd., Said south Right of Way line is 44.50 feet from the
centerline; Thence along said South Right of Way line N 74°01'22" E 1.82 feet to the point of
spiral curve at Station 109+34.21 as shown in County Survey No. 41493; Thence continuing
along said Right of Way along a portion of a 250 food spiral curve with the chord bearing
N 74033'07" E 192.10 feet to a point; Thence leaving said Right of Way S 00004'08" W 539.95
feet to a point on the South line of said tract; Thence along the South line of said tract
S 69001'05" W 21.43 feet to a 3/4 inch pipe; Thence S 79014'37" W 136.04 feet to a 1/2 inch
pipe; Thence S 84029'15" W 36.38 feet to the point of beginning.
Containing more or less 2.34 Acres
The basis of bearings for this description is between the 3/4 inch pipe and 5/8 inch iron rod on
the West line of this tract with a bearing of N 00000'00" E As shown on County Survey
No. 37157.
REGISTERED
PROFESSIONAL
_AJND SURVEYOR
OREGON
JANUARY 10,2023
DAVID ANDREW HALLOCK
099849
EXPIRES 6/30/2025
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CASCADE ESCROW
ATTN: NADJA JUDISH
811 WILLAMETTE STREET
EUGENE, OR 97401
PRELIMINARY TITLE REPORT
AMENDED SUPPLEMENTAL
November 30, 2023
Report No: 0340747
Your No: EU23-1232
Seller: BROOKS FAMILY LIMITED PARTNERSHIP/
RENFRO
Buyer: HANSON PROPERTIES II, LLC
PRELIMINARY REPORT FOR:
Owner's
Standard Policy
$2,900,000.00
Commercial Extended Loan Policy (SIMUL)
$3,900,000.00
PREMIUMS:
Owner's
Standard Premium
$4,950.00
Commercial Extended Loan Premium (SIMUL)
$3,213.00
OTIRO
208.2-06 Comm. Environmental Lien Endorsement
$645.00
OTIRO
209.10-06 Restrict., Encroach., Minerals
Endorsement$100.00
OTIRO
209.6.1-06 Private Rights Endorsement
$100.00
OTIRO
217-06 Access and Entry Endorsement
$125.00
OTIRO
217.2-06 Utility Access Endorsement
$275.00
OTIRO
218-06 Single Tax Parcel Endorsement
$50.00
OTIRO
222-06 Location Endorsement
$N/C
OTIRO
228-06 Easement - Damage/Enforced Removal
Endorsement$100.00
OTIRO
239-06 Policy Authentication Endorsement
$50.00
Gov. Lien/Inspect
Fee
$35.00
We are prepared to issue 2021 (7/1/2021) ALTA title insurance policy(ies) of OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described
as follows:
Vestee:
( A T T A C H E D)
THOMAS E. BROOKS
and
PAMELA RENFRO
and
BROOKS FAMILY LIMITED PARTNERSHIP, AN OREGON LIMITED PARTNERSHIP
and
MYRTLE JO BROOKS, Trustee of the
BROOKS JOINT TRUST
Estate: FEE SIMPLE
DATED AS OF: NOVEMBER 16, 2023 at 8:00 A.M.
No liability is assumed hereunder until policy has been issued and full policy premium has been paid.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 WILLAMETTE ST. 715 HWY 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100
EUGENE, OREGON 97401 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 EUGENE, OREGON 97401
PH: (541) 687-2233 * FAX: (541) 485-0307 PH: (541) 997-8417 * FAX: (541) 997-8246 PH: (541) 653-8622 * FAX: (541) 844-1626
Order No. 0340747
Page 2
Schedule B of the policy(ies) 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.
4. Any encroachment (of existing improvements located on the subject land onto adjoining
land or of existing improvements located on adjoining land onto the subject land),
encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the subject 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. INTENTIONALLY DELETED.
7. Rights of the public in and to that portion lying within streets, roads and highways.
8. Any improvement located upon the insured property which is described or defined as
a mobile home, manufactured dwelling or a manufactured home as defined by ORS 446.003,
Oregon Revised Statutes and is subject to registration as provided therein.
9. Such rights and easements for navigation and fishing as may exist over that portion
of the property lying beneath the waters of Slough on the South.
10. Any claim based upon the assertion that said land or any portion thereof is now, or
at any time has been below the low water mark of the Slough on the South.
11. Rights of the public and governmental bodies in and to any portion of the premises
herein described now or at any time lying below low water mark of the Slough on the
South, including any ownership rights which may be claimed by the State of Oregon and
any governmental bodies in and to any portion now or at any time lying below the low
water mark.
12. 20 foot right of way as disclosed in Warranty Deed, including the terms and provisions
thereof, between Charles Kingwell and Antonie E. Kingwell, and Peder 0. Olson and Mina
A. Olson, recorded July 9, 1910, Reception No. B086 P455, Lane County Oregon Deed
Records.
13. Easement, including the terms and provisions thereof, granted to Glenwood Water
District, by instrument recorded August 3, 1944, Reception No. B272 P107, Lane County
Oregon Deed Records.
Order No. 0340747
Page 3
14. Easement, including the terms and provisions thereof, granted the City of Eugene,
Oregon, a municipal corporation, of Lane County, Oregon, by and through the Eugene
Water & Electric Board, by instrument recorded October 15, 1970, Reception No.
1970-023519, Lane County Official Records.
15. Easement as disclosed in Warranty Deed, including the terms and provisions thereof,
between Maurice E. Brooks; Thomas E. Brooks; Pamela Renfro, and State of Oregon, by
and through its Department of Transportation, recorded September 27, 1995, Reception
No. 1995-054371, Lane County Official Records.
16. Glenwood Urban Renewal Plan Notice, including the terms and provisions thereof,
recorded December 14, 2004, Reception No. 2004-095229, Lane County Deeds and Records.
17. Memorandum of Jurisdictional Transfer Agreement, including the terms and provisions
thereof, recorded September 23, 2014, Reception No. 2014-037657, Lane County Deeds
and Records.
18. This report does not include a search for financing statements filed in the office
of the Secretary of State, or in a County other than the County wherein the premises
are situated, and no liability is assumed if a financing statement is filed in the
office of the County Clerk covering fixtures, equipment and/or personal property on
the premises wherein the lands are described other than by metes and bounds or under
the rectangular survey system.
19. The rights of tenants holding under unrecorded leases.
20. A copy of the Operating Agreement of Hanson Properties II, LLC, including any amendments
thereof, should be furnished to Cascade Title Company for the purpose of ascertaining
members authorized to execute on behalf of the Limited Liability Company.
21. In lieu of the signatures of all the members and/or managers, we will require a Consent
Resolution by all of the members and managers of Hanson Properties II, LLC,consenting
to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to
sign for said limited liability company to be provided prior to closing.
22. 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.
23. Prior to writing an ALTA MORTGAGEE'S policy, Cascade Title Company should be furnished
with a statement as to parties in possession and as to any construction, alterations
or repairs to the premises within the last 75 days. We also request that we be notified
in the event that any funds are to be used for construction, alterations or repairs.
Exception may be taken to such matters as may be shown thereby.
24. An accurate survey of these premises showing boundary lines, and location of
improvements and easements, should be furnished for our file prior to our writing an
ALTA Mortgagee's Policy. Exception may be taken to such matters as may be shown thereby.
NOTE: The property address as shown on the Assessor's Roll is:
3329 and 3331 Franklin Blvd
Eugene, OR 97403
NOTE: Taxes, Account No. 0299378, Assessor's Map No. 17 03 34 3 3, #100, Code 4-28,
2023-2024, in the amount of $17,853.73, PAID IN FULL.
Taxes, Account No. 4064380, Assessor's Map No. 17 03 34 3 3, #100, Code 4-28,
2023-2024, in the amount of $684.44, PAID IN FULL. (Manufactured structure account.
Assessed to Myrtle Jo Brooks Survivors Trust)
Order No. 0340747
Page 4
NOTE: As of the date hereof, there are no matters against HANSON PROPERTIES II, LLC, AN
OREGON LIMITED LIABILITY COMPANY, which would appear as exceptions in the policy to issue,
except as shown herein.
NOTE: The proposed insured is Umpqua Bank.
NOTE: This report is being amended to add endorsements.
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.
rh: Title Officer: KURT BEATY
Order No. 0340747
Page 5
PROPERTY DESCRIPTION
Beginning at a point that is South 55.21 feet from the North East corner of the Zara Sweet
and wife Donation Land Claim No. 68, Notification No. 3284, in Township 17 South of Range
3 West of the Willamette Meridian; thence South 546.00 feet to a point at the South East
corner which is the center of a slough; thence South 68° 45' West 21.42 feet to a point;
thence South 79° 18' 40" West 136.05 feet to a point; thence South 84° 05' 40" West 39.96
feet to the South West corner; thence North 528.25 feet to the North West corner which is
on the South right-of-way line of the McKenzie Highway; thence North 74' 01' 10" East 177. 37
feet to a point; thence North 74° 01' 10" East 20.80 feet to the place of beginning, in
Lane County, Oregon.
EXCEPT THEREFROM that portion described in Deed to the State of Oregon, by and through
its Department of Transportation, recorded September 27, 1995, Reception No. 9554371,
Lane County Official Records, in Lane County, Oregon.
11�
1111111da
CASCADE TITLE CO.
MAP NO.
17-03-34-33
NE COR
ZARA SWEET
DLC 68h-"
THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
I V
OFF1C1AL RECORD OF DEQ �RIMONS OF REAL PROPERTIES
9581CODE
OLD NUMBER OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON NO
�34�
N AAP 17 . 03 . 34 . 3 . 3 iT No. 100 299 378 AEF
ACCOUNT NUMBER SECTION _�4_ + TOWNSHIP S.FRAN-GE _,3�► W.M.
LOT BLOCK
NO. NO. ADDITION - I CITY
DEED RECORD
INDENT EACH NEW LEGAL DESCRIPTION
COURSE TO THIS POINT DATE OF ENTRY DEED NUMBER
MF
1-675-3 Except: 0.18 ac. to the 194: 197/301
State of Oregon for Highway as re- I
corded in 229/316 L.C.D.R..
Bhgi.nning at the NE corner of the Zai%
Sweet Land wife Donation Land Claim No. 68,.
Notification No. 3284 in Twp. 17S. of R. 3W
W. M. and .running; thence
a.733,0 -West along., the -North line of
said claim 3.00 chains; thence
I S.8.85 chains to tho'center of a slou
thence, up the center of the same N1 .84`61E..
56 links; thence
N.78-° East 2.95 chains; thence
N.9.17 chains to the point of begin-
ning containing 2.60 ac. of land; except a
perpetual right-of-way over the East 20 ft
thereof.
Cont. m/1
I EXCEPT: 0.02 ac into McKenzie Hwy (HYvy 126)
by R2099/95-54371 for 1997•
I
I Cont. m/1
i
I
i
r
r
I
I
I
r
i
1943
265/399
1958
rf 100
15148
15149
1977
R828/0002
h;
1991 b
1991 b
<946
ACRES
REMAINING
2.70
2.52
2.52
R1671/9061�79
R1751/92j5290
168
2.448
2.46
Lane County Clerk 2023-036708
Lane County Deeds & Records
12/28/202311:52:46 AM
RPR -DTR Cnt=1 Stn --2 CASHIER 02 3pages
340747/EU23-1232 NRI $15.00 $11.00 $10.00 $61.00 $97.00
TAX ACCT. NO. 0299378
MAP/TAX LOT NO. 17-03-34-33-00100
TRUST DEED
THIS TRUST DEED, made on day 29 of December, 2023, between HANSON PROPERTIES II, LLC, an
Oregon Limited Liability Company, as Grantor, CASCADE TITLE COMPANY, as Trustee, and BROOKS
FAMILY LIMITED PARTNERSHIP, an Oregon Limited Partnership, as Beneficiary,
WITNESSETH:
Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in Lane
County, Oregon, described as:
Beginning at a point that is South 55.21 feet from the North East comer of the Zara Sweet and wife Donation Land
Claim No. 68, Notification No. 3284, in Township 17 South of Range 3 West of the Willamette Meridian; thence South
546.00 feet to a point at the South East corner which is the center of a slough; thence South 68° 45' West 21.42 feet to a
point; thence South 79° 18' 40" West 136.05 feet to a point; thence South 84° 05' 40" West 39.96 feet to the South
West corner; thence North 528.25 feet to the North West comer which is on the South right-of-way line of the
McKenzie Highway; thence North 74° 01' 10" East 177.37 feet to a point; thence North 74° 01' 10" East 20.80 feet to
the place of beginning, in Lane County, Oregon.
EXCEPT THEREFROM that portion described in Deed to the State of Oregon, by and through its Department of
Transportation, recorded September 27, 1995, Reception No. 9554371, Lane County Official Records, in Lane County,
Oregon.
together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging
or in anywise now or hereafter appurtaining, and the rents, issues and profits thereof and all fixtures now or hereafter
attached to or used in connection with the property.
FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and
payment of the sum of **TWO MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100ths** Dollars,
with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or
order and made payable by .grantor, the final payment of principal and interest hereof, if not sooner paid, to be due and
payable February 29, 2024.
The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of
said note becomes due and payable. In the event the within described property, or any part thereof, or any interest
therein is sold, agreed to be sold, conveyed, assigned, or alienated by the grantor without first having obtained the
written consent or approval of the beneficiary, then, at the beneficiary's option, all obligations secured by this
instrument, irrespective of the maturity dates expressed therein or herein, shall become immediately due and payable.
To protect the security of this trust deed, grantor agrees:
1. To protect, preserve and maintain said property in good condition and repair; not to remove or demolish any
building or improvement thereon; not to commit or permit any waste of said property.
2. To complete or restore promptly and in good workmanlike manner any building or improvement which may be
constructed, damaged or destroyed thereon, and pay when due all costs incurred therefor.
3, To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if
the beneficiary so requests, to join in executing such financing statements pursuant to the Uniform Commercial Code as
the beneficiary may require and to pay for filing same in the proper public office or offices, as well as the cost of all lien
searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary.
4. To provide and continuously maintain insurance on the buildings now or hereafter erected on said premises against
loss or damage by fire and such other hazards m the beneficiary may from time to time require, in an amount not less
--------------------------------------------------------I•-------------------------------------------------------------------------------------
NOTE: The Trust Deed Act provides that the Trustee hereunder must be either an attorney, who is an active member
of the Oregon State Bar, a bank, trust company, or savings and loan association authorized to do business under the laws
of Oregon or the United States, a title insurance company authorized to insure title to real property of this state, its
subsidiaries, affiliates, agents or branches, the United States or any agency thereof, or an escrow agent Iicensed under
ORS 696.505 to 696.585.
TRUSTDEED
HANSON PROPERTIES II, LLC
86365 COLLEGE VIEW RD
EUGENE, OR 97405
Grantor
BROOKS FAMILY LIMITED
PARTNERSHIP, an Oregon Limited
Partnership, BROOKS JOINT
TRUST, THOMAS E. BROOKS and
PAMELA RENFRO
Beneficiary
After recording return to
CASCADE TITLE COMPANY
811 WILLAMETTE STREET
EUGENE OR 97401
TDDUES (NRJ)
than the full insurable value, written in companies acceptable to the beneficiary, with loss payable to the latter; all
policies of insurance shall be delivered to the beneficiary as soon as insured; if grantor shall fail for any reason to
procure any such insurance and to deliver said policies to the beneficiary at least fifteen days prior to the expiration of
any policy of insurance now or hereafter placed on said buildings, the beneficiary may procure same at grantor's
expense. The amount collected under any fire or other insurance policy may be applied by beneficiary upon any
indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire
amount so collected, or any part thereof, may be released to grantor. Such application or release shall not cure or waive
any default or notice of default hereunder or invalidate any act done pursuant to such notice.
5. To keep said premises free from construction liens and to pay all taxes, assessments and other charges that may be
levied or assessed upon or against said property before any part of such taxes, assessments and other charges become
past due or delinquent and promptly deliver receipts therefor to beneficiary; should the grantor fail to make payment of
any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by
providing beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment
thereof, and the amount so paid, with interest at the rate set forth in the note secured hereby, together with obligations
described in paragraphs 6 and 7 of this trust deed, shall be added to and become a part of the debt secured by this trust
deed, without waiver of any rights arising from breach of any of the covenants hereof and for such payments, with
interest as aforesaid, the property hereinbefore described, as well as the grantor, shall be bound to the same extent that
they are bound for the payment of the obligation herein described, and all such payments shall be immediately due and
payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all sums secured by
this trust deed immediately due and payable and constitute a breach of this trust deed.
6. To pay all costs, fees and expenses of this trust deed including the cost of title search as well as the other costs and
expenses of the trustee incurred in connection with or in enforcing this obligation and trustee's and attorney's fees
actually incurred.
7. To appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary or
trustee; and in any suit, action or proceeding in which the beneficiary or trustee may appear, including any suit for the
foreclosure of this deed, to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's
attorney's fees; the amount of attorney's fees mentioned in this paragraph 7 in all cases shall be fixed by the trial court
and in the event of an appeal from any judgment or decrees of the trial court, grantor further agrees to pay such sum as
the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney's fees on such appeal.
It is mutually agreed that:
8. In the event that any portion or all of said property shall be taken under the right of eminent domain or
condemnation, beneficiary shall have the right, if it so elects, to require that all or any portion of the monies payable as
compensation for such taking, which are in excess of the amount required to pay all reasonable costs, expenses and
attorney's fees necessarily paid or incurred by grantor in such proceedings, shall be paid to beneficiary and applied by it
first upon any such reasonable costs and expenses and attorney's fees, both in the trial and appellate courts, necessarily
paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby; and
grantor agrees, at its own expense, to take such actions and execute such instruments as shall be necessary in obtaining
such compensation, promptly upon beneficiary's request.
9. At any time and from time to time upon written request of beneficiary, payment of its fees and presentation of this
deed and the note for endorsement (in case of full reconveyances, for cancellation), without affecting the liability of any
person for the payment of the indebtedness, trustee may (a) consent to the making of any map or plat of said property;
(b) join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement
affecting this deed or the lien or charge thereof, (d) reconvey, without warranty, all or any part of the property. The
grantee in any reconveyance may be described as the "person or persons legally entitled thereto," and the recitals therein
of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee's fees for any of the services
mentioned in this paragraph shall be not less than $5.
10. Upon any default by grantor hereunder, beneficiary may at any time without notice, either in person, by agent or
by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby
secured, enter upon and take possession of said property or any part thereof, in its own name sue or otherwise collect the
rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation
and collection, including reasonable attorney's fees upon any indebtedness secured hereby, and in such order as
beneficiary may determine.
11. The entering upon and taking possession of said property, the collection of such rents, issues and profits, or the
proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the property, and
the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
invalidate any act done pursuant to such notice.
12. Upon default by grantor in payment of any indebtedness secured hereby or in his performance of any agreement
hereunder, time being of the essence with respect to such payment and/or performance, the beneficiary may declare all
sums secured hereby immediately due and payable. In such an event the beneficiary at his election may proceed to
foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed by advertisement and
sale, or may direct the trustee to pursue any other right or remedy, either at law or in equity, which the beneficiary may
have. In the event the beneficiary elects to foreclose by advertisement and sale, the beneficiary or the trustee shall
execute and cause to be recorded his written notice of default and his election to sell the said described real property to
satisfy the obligation secured hereby whereupon the trustee shall fix the time and place of sale, give notice thereof as
then required by law and proceed to foreclose this trust deed in the manner provided in ORS 86.735 to 86.795.
13. After the trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the
date the trustee conducts the sale, the grantor or any other person so privileged by ORS 86.753, may cure the default or
defaults. If the default consists of a failure to pay, when due, sums secured by the trust deed, the default may be cured
by paying the entire amount due at the time of the cure other than such portion as would not then be due had no default
occurred. Any other default that is capable of being cured may be cured by tendering the performance required under
the obligation or trust deed. In any case, in addition to curing the default or defaults, the person effecting the cure shall
pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed together with
trustee's and attorney's fees not exceeding the amounts provided by law.
14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sale or the time
to which said sale may be postponed as provided by law. The trustee may sell said property either in one parcel or in
separate parcels and shall sell the parcel or parcels at auction to the highest bidder for cash, payable at the time of sale.
Trustee shall deliver to the purchaser its deed in form as required by law conveying the property so sold, but without
any covenant or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof
of the truthfulness thereof. Any person, excluding the trustee, but including the grantor and beneficiary, may purchase
at the sale.
15. When trustee sells pursuant to the powers provided herein, trustee shall apply the proceeds of sale to payment of
(1) the expenses of sale, including the compensation of the trustee and a reasonable charge by trustee's attorney, (2) to
the obligation secured by the trust deed, (3) to all persons having recorded liens subsequent to the interest of the trustee
in the trust deed as their interests may appear in the order of their priority and (4) the surplus, if any, to the grantor or
to his successor in interest entitled to such surplus.
16. Beneficiary may from time to time appoint a successor or successors to any trustee named herein or to any
successor trustee appointed hereunder. Upon such appointment, and without conveyance to the successor trustee, the
latter shall be vested with all title, powers and duties conferred upon any trustee herein named or appointed hereunder.
Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when
recorded in the mortgage records of the count), or counties in which the property is situated, shall be conclusive proof of
proper appointment of the successor trustee.
17. Trustee accepts this trust when this deed, duly executed and acknowledged is made a public record as provided by
law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or
proceeding in which grantor, beneficiary or trustee shall be a party unless such action or proceeding is brought by
trustee. The grantor covenants and agrees to and with the beneficiary and the beneficiary's successor in interest that the
grantor is lawfully seized in fee simple of the real property and has a valid, unencumbered title thereto and that the
grantor will warrant and forever defend the same against all persons whomsoever.
WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or
loan agreement between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest.
This insurance may, but need not, also protect grantor's interest. If the collateral becomes damaged, the coverage
purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by
providing evidence that grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any
insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so
added, the interest rate on the underlying contract or loan will apply to it. The effective date of coverage may be the
date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary
purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy
any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law.
The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are:
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(a) r .-:t� c _i.. Y,. o •iT��,., OS®.. fN QT GFs; T r the waff-nty t, a
eas no
app` 7
(b) for an organization, or (even if grantor is a natural person) are for business or commercial purposes.
This trust deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees,
administrators, executors, personal representatives, successors, and assigns. The term beneficiary shall mean the holder
and owner, including pledgee, of the contract secured hereby, whether or not named as a beneficiary herein.
In construing this trust deed, it is understood that the Grantor or Beneficiary may be more than one person; that if the
context so requires, the singular shall be taken to mean and include the plural and that generally all grammatical
changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to
individuals.
IN WITNESS WHEREOF, said grantor has hereunto set his hand the day and year first above written.
HANSON PROPERTIES II, LLC
BY:
NILES E. HANSON, SOLE MEMBER/MANAGER
State of Oregon
County of Lane
This instrument was acknowledged before me on 12023 by NILES E. HANSON,
SOLE MEMBER/MANAGER OF HANSON PROPERTIES II, LLC.
L�
or Oregon)
OFFICIAL STAMP My commission expires_
NADJA ROSE JUDISH
NOTARY PUBLIC -OREGON
COMMISSION NO. 1025995
MY COMMISSION EXPIRES JULY 13, 2028
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