HomeMy WebLinkAboutCorrespondence APPLICANT 12/7/2006
~
OREfJON INDUSTRIAL IDMBER PRODUCTS, INC.
PLANT LOCATION: 3950 MARCOLA RD, SPRINGFIELD, OR 97478
P.O. BOX 1442, SPRINGFIELD, OR 97477
PHONE: (541) 746-2531 FAX: (541) 746-4483
December 7,2006
MS. Liz Miller
Planning Dept.
City of Springfield
225 Fifth Street
Springfield, OR 97477
Re: Property line adjustment Sub 2006 - 00048
Dear Liz:
Per our phone conversation yesterday, we would like to request a deadline extension to
complete the required conditions on the above property line adjustment. The current
deadline is December 12, 2006.
Please give me a call at 746-2531 with any questions.
Sincerely,
~,/<:.-?(- ~
David Spies U
Cc Mr. Stephen Woods, Ford & Associates
Ms. Jeanne Hunt, Weyerhauser Co.
Date Received' I r'1 0ttJ
Planner: LM
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Agreement, made as of the ~ day of TI?7N)~006, by and between
OREGON INDUSTRIAL LUMBER PRODUCTS, INC., an Oregon corporation, P.O. Box
1442, Springfield, OR 97478 (hereinafter referred to as "Buyer"), and
WEYERHAEUSER COMPANY, a Washington corporation, P.O. Box 9777, Federal
Way WA 98063-9777 (hereinafter referred to as "Selle~").
WHEREAS, Seller is the owner of certain real property in Sections 19 and 30,
Township 17 South, Range 2 West, WM, Lane County Oregon, said real property being
more particularly described on EXHIBIT A attached hereto and by this reference made
a part hereof; and
WHEREAS, Seller desires to sell said real property and Buyer desires to acquire
said real property.
NOW, THEREFORE, the parties hereto agree'as follows:
1. Property
Upon th'e terms and conditions hereinafter set forth, Seller agrees to convey to
Buyer, and Buyer agrees to acquire and take from Seller, the property described on
said EXHIBIT A, together with all appurtenances, rights, privileges and .easements
thereunto belonging (all of the foregoing being hereinafter sometimes collectively called
the "Property"). Seller shall have the right to reserve, and retain an easement for an
effluent pipeline and all geothermal steam and heat and all metals, ores and minerals of
any nature whatsoever on the Property on the terms and conditions more specifically
set forth on attached EXHIBIT B.
2. Purchase Price
The "Purchase Price" to be deposited by BuyeriNith respect to the Property is
TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00). The purchase
price shall be paid as follows: i .
$22,500.00 at closing (certified or cashiers check, payable to Cascade Exchange
Services, Inc., as provided for in paragraph 10 below);
Date Received:.!}. ~I ~ G .
Planner: LM .,
Page 1 of9
3. Title to be Conveyed
Seller shall convey title to the Buyer by Property Line Adjustment Quit Claim Deed,
less and except the mineral interests as set forth on EXHIBIT B, subject to a
reservation for an effluent pipeline, conditions actually existing on the Property, and
matters otherwise shown in public records.
4. Title Insurance
No title insurance will be provided by' Seller. Buyer)Nill purchase if desired.
5. Proration of Taxes
Current year due and payable real estate taxes and assessments, both general and
special, on the Property shall be prorated between Seller and Buyer, as of the date the
Deed is filed for record. The last officially certified rate and valuation shall be used for
such proration with any adjustments necessary to allocate taxes for periods of actual
occupancy to survive closing (ifnecessary). .
6. Closing Date .
The transaction provided for by this Agreement shall be closed as provided herein
and, unless otherwise agreed, not later than
7. Closing
The transaction shall be closed in the offices of Cascade Exchange Services, Inc.,
811 Willamette St, Eugene OR 97401 or other mutually agreed upon location, at a
mutually acceptable time and day within the limits of Paragraph 6. Escrow fees shall be
paid by Buyer.
8. Costs of Closing
(a) The following costs and expenses hereunder shall be paid by Seller:
(i) any amount due Buyer for proration of real estate taxes and assessments
due and payable in the year of transfer of the Property to the Buyer; and
(ii) any costs Buyer may incur in the acquisition and transfer of the exchange
property; and
Date Received:flli( n ro
Planner: LM. I
Page 2 of9
(b) The following costs and expenses hereunder shall be paid by Buyer:
(ii) any amount due Seller for proration of real estate taxes and assessments
in connection with the transfer of the Property to Buyer; and
(iii) costs of survey, if any;
(iv) costs to record the deed;
(v) costs of title insurance, if any, and
(vi) all escrow fees, if any.
,
9. Possession
Seller shall deliver possession of the Property to Buyer on the date the Deed is filed
for record.
10. Section 1031 Exchange; Assignment
Either party hereto may assign its rights hereunder (or its rights hereunder as to
any portion of the Property) to an exchange intermediary for the purpose of such party's
participating in an Internal Revenue Code Section 1031 like-kind exchange. Each party
agrees to cooperate with the other party. if it elects to assign its rights hereunder (or
portion of such rights) to an exchange intermediary for purposes of closing this
transaction as part of an Internal Revenue Code Section 1031 like-kind exchange;
provided that in connection with any such assignment or exchange, the cooperating
party shall not be obligated to accept title to any property other than the Property or
incur any liability or financial obligation in excess of those it would incur if this
transaction closed as a sale, nor shall the closing of this transaction be delayed beyond
the date specified in Section 6 hereof on account of either party's participating in a Iike-
kind exchange. Except as expressly provided above with respect to any assignment to
an exchange intermediary, this Agreement shall not be assigned without the prior
written consent of the other party, which may be withheld in such party's sole discretion.
It is the intent of both parties that this provision to exchange land comply with all
provisions of the U.S. Internal Revenue Code and the regulations issued thereunder in
regard to the exchange of real property, so as to result under those sections providing
for "Non-recognition of Gain or Loss from Exchanges Solely in Kind" (I.R.C. Section
1031) in no current federal income tax liability because of this exchange.
Date Receive::1l:/&
Planner: LM
Page 3 of9
11. Notices
Any notice required or permitted to be given byor to either of the parties hereto or
the escrow agent under this Agreement shall be in writing and shall be deemed to have
been given or delivered, as the case may be, five (5) days after having been deposited
in the United States Post Office, registered or certified mail, postage prepaid, return
receipt requested and addressed as follows:
Jeanne Hunt
Weyerhaeuser Company.
P. O. Box 275
785 N. 42nd Sf.
Springfield, OR 97477
Tel: 541-741-5248
Fax: 541-741-5589
If to Buyer:
Murray McDowell
Oregon Industrial Lumber"Products, Inc.
P.O. Box 1442 .
Springfield, OR 97478
Tel: 541-746-2531
Fax: 541-746-4483
or to such other address as either of the above may from time to time specify in writing
to the other. . .
12. Condition of Property
Except as expressly set forth in this Agreement, Seiler has not and does not hereby
make any representation or warranty to Buyer concerning the Property or its
compliance with any statute, ordinance or regulation. .Buyer having full opportunity to
investigate the Property, its physical condition, quality and condition, title status, zoning,
status as a conveyable tract and qualification for continued favorable forest land
classification; is relying solely on its own judgment as. to such matters as they might
affect the Property for Buyer's intended use. Buyer is accepting the deed and taking
possession AS-IS, WHERE-IS, and shall make no claim, demand or notice against
Seller on account of the condition of the Property. The,Provisions of this paragraph are
bargained for provisions between Seller and Buyer, a material part of Seller's
consideration, shall survive closing, NOT be merged into the deed and be continuing
covenants of Buyer, successors and assigns.
Date Received:W!lifJ
Planner: LM
Page 4 of9
13. Statement as to Non-Foreign Ownership
Seller represents and warrants to Buyer that it is not a "foreign person" as that term
is used and defined in Internal Revenue Code Section 1445, and agrees to provide
Purchaser with a certificate to such effect.
14. Statutory Notice
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A
FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS
SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE THE CONSTRUCTION OR SITING OF A
RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED ON ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED' USES AND EXISTENCE OF
FIRE PROTECTION FOR STRUCTURES.
15. Time
Time is of the essence in performance of all prov!sions of this Agreement.
16. Brokerage Commissions
The Parties acknowledge and represent that there is no person who is entitled to
a commission, finder's fee, or other like compensation arising in any manner from this
Agreement. Each party agrees to defend, indemnify, and hold the other party harmless
from and against any and all claims for a commission or finder's fee which are asserted
against the other party by a person or party who alleges that is was engaged or retained
by such party, or that it was the procuring cause, or was instrumental in, consummating
this Agreement.
17. Successors and Assigns
This Agreement shall inure to the benefit of, and shall be binding upon, the parties
hereto and their respective successors and assigns. .
18. Choice of Law
This Agreement shall be governed and interpreted in accordance with the laws of
Oregon.
/] I..... L, Page 5 of9
Date Received:~
Planner: LM
19. Section Headings
The section headings inserted in this Agreement are for convenience only and are
not intended to, and shall not be construed to, limit, enlarge or affect the scope or intent
of this Agreement nor the meaning of any provisions hereof.
20. Entire Agreement
This Agreement embodies and constitutes the entire understanding between the
parties with respect to the transactions contemplated herein; and all prior or
contemporaneous agreements, understandings, representations and statements, oral
or written, are merged into this Agreement.
IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be
executed. Each counterpart of this Agreement shall be considered to be an original
counterpart without presentation of the others.
Dated: [}{'~udwr 6 ,2006 SELLER: WEYERHAEUSER COMPANY
By: Lau tuJ _ ~dttl/ t
TitlUorest Land Use ~anager
Dated])Q.c-Q.J:,J7A l , 2006
BUYER:
By:
.-------I~ ~
. ''\ .\.f\r--......... ()~}
~
Title:
Date Received:~(a~
Planner: LM
Page 6 of9
EXHIBIT A
Legal Description of Property to be conveyed by Quit Claim Deed
LEGAL DESCRIPTION
WEYERHAEUSER PROPERTY FRONTING OREGON INDUSTRlAL
LUMBER PRODUCTS PROPERTY
A unit ofland being a portion of that particular property conveyed to Weyerhaeuser Company in
Grant Deed recorded June 17, 1964 in Reel 245D, Instrument No. 59635 of the Lane County
Oregon Deed Records and a portion of that particular property conveyed to Weyerhaeuser
Company in that document recorded in Reel 155D, Instrument No. 3416 of the Lane County
Oregon Deed Records being located in Sections 19 and 30, Township 17 South, Range 2 West of
the Willamette Meridian, said unit ofland being more particularly described as follows:
Commencing at a found Lane County brass cap set in concrete at the northeast corner of Section
30, Township 17 South, Range 2 West of the Willamette Meridian; thence North 87052' 19"
West 721.33 feet to a point on the northerly line of that particular property conveyed to
Weyerhaeuser Company in Grant Deed recorded June 17, 1964 in Reel 245D, Instrument No.
59635 of the Lane County Oregon Deed Records, said point also being the southeasterly corner
of that unit ofland conveyed to Oregon Industrial Lumber Products, Inc. in Warranty Deed
recorded March 7, 1977 in Reel 837R, Instrument No. 7712886 of the Lane County Oregon Deed
Records and also being the TRUE POINT OF BEGINNING; thence following along said
northerly line as follows: following along the arc ofa curve to the left having a radius of 1959.91
feet an arc distance of 476.46 feet, the long chord of which bears North 4T36'39" East 475.29
feet to a point of circular to spiral curvature, said point being 50.00 feet from and opposite
centerline station 142+98.3, as shown in document recorded in Ree1155D, Instrument No. 3416
of the Lane County Oregon Deed Records; thence following along a spiral curve to the left, the
long chord of which bears North 57027'37" East 278.97 feet to the northeast corner of that wlit
of land conveyed to Oregon Industrial Lumber Products, Inc. in Warranty Deed recorded March
7,1977 in Reel 837R, Instrument No. 77]2886 of the Lane County Oregon Deed Records; thence
leaving said northerly line, South 31031 '38" East 98.77 feet to the northerly right of way of
Marcola Road as shown in Lane County Survey File No. 32927; thence following along said
northerly right of way, South 58012'35" West 115.08 feet to the southerly line of that particular
property conveyed to Weyerhaeuser Company in Grant Deed recorded June 17, 1964 in Reel
245D, Instrument No. 59635 of the Lane County Oregon Deed Records; thence following along
said southerly line as follows: following along a spiral curve to the left, the long chord of which
bears South 57048'15" West 22.81 feet to a point of spiral to circular curve, said point being
50.00 feet from and opposite centerline station 142+98.3, as shown in document recorded in Reel
155D, Instrument No. 3416 of the Lane County Oregon Deed Records; thence following along
Page 7 of9
Date Received:
Planner: LM
the arc of a curve to the left having a radius of 1859.91 feet an arc distance of 452.15 feet, the
long chord of which bears South 47036'39" West 451.04 feet;
thence leaving said southerly line, North 49021'13" West 100.00 feet to the turn point of
beginning, all lying in Lane County, Oregon and containing 73,489 square feet more of less.
Date ReceiVed:Jl..'~/6u
Planner: LM . I
Page 8 of9
EXHIBIT B
Mineral Reservation Language to be included in Quit Claim Deed
Grantor hereby expressly saves, excepts, and reserves out of the grant hereby made, unto itself
and its successors and assigns forever, all oil, gas, and other liquid or gaseous hydrocarbons
including, without limitation, coal seam gas; geothermal resources including, without limitation,
geothermal steam and heat; base and precious metals; ores; coal;Jignite; peat; clays; and minerals
of any and every nature, kind, or description whatsoever now or hereafter susceptible of
commercial exploitation, but excluding rock and aggregate/grilvel, shale, cinders, and other
similar road-building materials, (collectively "Mineral Resources") in or upon said land, together
with the right to enter upon said land, at any and all times, for the purpose of exploring the same
for such Mineral Resources by geological, geophysical, geochemical, or other means, and for
drilling, opening, developing, and working mines and wells thereon and taking out, extracting, or
removing therefrom by any means whether now in use or hereaft~r developed, including by
surface and sub-surface mining methods, all such Mineral Resources, and to occupy and make
use of so much of the surface of said land as may be reasonably necessary or convenient for said
purposes, together with the right to store, save, transpOli, treat, process, market or otherwise
utilize such Mineral Resources so produced, together with all rights and powers in, to, and over
said land, whether herein expressed or not, reasonably necessary or convenient to render
beneficial and efficient the complete e~oyment of the property and rights hereby reserved;
[Provided, however, that Grantee and Grantee's heirs, represehtatives, successors, and assigns,
shall be paid just and reasonable compensation for any injury or damage to the surface of said
land or to the crops (including timber) or improvements thereon caused by the exercise of any
rights herein reserved; and Provided further, that the exercise of such rights by Grantor and its
successors and assigns shall not be postponed or delayed so long as Grantor or its successors or
assigns is making reasonable efforts to agree upon or have determined such just and reasonable
compensation.]
Page 9 of9
Date ReCeiVed:
Planner: LM