HomeMy WebLinkAboutMiscellaneous APPLICANT 2/2/2011
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PRELIMINARY TITLE REPORT
JOHN P. HAMMER
P.O. BOX 2266
EUGENE, OR 97402
FAX NO.: 541-683-2449
January 25, 2011
Report No: 0269957
Your No:
PRELIMINARY REPORT POR:
preliminary Title Report Only
We are prepared to issue 2006 (6/17/06) 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:
"
( A T T A C H ED)
Vestee:
OAKWAY GOLF INC.; and
PAISLEY LLC,
as to Parcell;
ACR PROPERTIES, LLC,
an Oregon Limited Liability Company; and
FOSSY, LLC,
an Oregon Limited Liability Company,
as to Parcel 2i
OAKWAY GOLF, INC.,
an Oregon Corporation,
as to Parcels 3, 4 and 5
DATED AS OF: JANUARY 18, 2011 at 8:00 A.M.
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 l"hich
could be ascertained-by an inspection of the Land or by making inquiry of persons in
possession thereof.
No liability is assumed hereunder until policy has been issued andfull policy premium has been paid
687 -2233
997-8417
997-8246
MAIN OFFICE' 811 WILLAMETTE ST. . EUGENE, OREGON 97401' PH: (541)
FLORENCE . 1901 HWY 101 - S. 2 . FLORENCE, OREGON 97439 . PH: (541)
EUGENE FAX: 485-0307 * E-MAIL: iUfo@cascadetitle.com * FLORENCE FAX:
Date Received:
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3. Easements, or claims of easement, not shown by the Public Records; reservations or
exceptions in patents or in Acts authorizing the issuance thereof i water rights, claims
or title to water.
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 rentalor workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the
Public Records.
SPECIAL EXCEPTIONS:
6. Taxes, Account No. 1688611, Assessor's Map No. 17 02 30 4 4, #300, Code 19-00,
2010-2011, Pending Value Change. Appeal has been filed. Tax amounts unavailable.
(Affects Parcel 3)
Taxes, Account No. 1688629, Assessor's Map No. 17 02 30 4 4, #400, Code 19-00,
20l0-2011, Pending Value Change. Appeal has been filed. Tax amounts unavailable.
(Affects Parcel 4)
NOTE: Taxes, Account No. 1688728, Assessor's Map No.
2010-2011, in the amount of $10,211.44, PAID IN FULL.
Taxes, Account No. 1688678, Assessor's Map No.
2010-2011, in the amount of $8,638.56, PAID IN FULL.
Taxes, Account No. 1688645, Assessor's Map No.
2010-2011, in the amount of $18,162.26, PAID IN FULL.
17 02 32 2 2, #1600, Code 19-00,
(Affects Parcell)
17 02 31 1 1, #100, Code 19-00,
(Affects Farcel 2)
17 02 30 4 4, #600, Code 19-00,
(Affects parcel 5)
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 1:
7. Rights of the City of Springfield and the public in and to any portion lying within
the bounds of County Road No. 221 and easements for utilities if any such exist within
the bounds of said County Road No. 221.
8. Easement for power line, including the terms and provisions thereof I granted Mountain
States Power Co., by instrument recorded March 8, 1929, in Book 161, Page 236, Lane
County Oregon Deed Records. (Location undeterminable)
9. Easement for power line, including the terms and provisions thereof. granted Mountain
States Power Co., by instrument recorded March 8, 1929. in Book 161, Page 238, Lane
County Oregon Deed Records. (Location undeterminable)
10. Covenant and a perpetual easement, permanent and exclusive, for the right to locate,
and relocate, construct and reconstruct, maintain patrol and operate one or more
effluent pipe lines upon, along and across, over and under the above property granted
Weyerhaeuser co., including the terms and provisions thereof, by instrument recorded
November 29, 1962, Reception No. 91459, Lane County Oregon Deed Records.
11. Easements, conditions, restrictions and notes shownj set forth or delineated on the
recorded plat.
12, Easement, including the terms and provisions thereof, granted the City of Springfield,
recorded June 20, 1986, Reception No. 8622936, Lane County Official Records.
Disclaimer of Interest for waterline recorded March 9, 2007, Reception No.
2007-016118, Lane County Deeds and Records.
Date Received:
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13. Covenants, conditions and restrictions, including the terms and provisions thereof
(but omitting any covenant condition or restriction based on race,.color, religion,
sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code
or (b) relates to handicap but does not discriminate against handicapped persons) in
Declaration recorded April 17 I 2002, Reception No. 2002- 030124 I Lane County Deeds and
Records.
14. Improvement Agreement, including the terms and provisions thereof, Notice of Potential
Assessment Lien, between Oakway Golf, Ine. f and the City of Springfield, recorded April
19, 2002, Recorders Reception No. 2002-030595! Lane County Deeds and Records.
15. Gas Pipeline Easement, including the terms and provisions thereof, granted Northwest
Natural Gas Company, by instrument recorded November I, 2002, Reception No.
2002-085301, Lane County Deeds and Records.
Amendment to Pipeline Easement recorded January 9, 2003, Reception No.
2003-002277, Lane County Deeds and Records.
16. Development and Easement Agreement, dated November 8, 2002, including the terms and
provisions thereof, between Paisley, LLC, an Oregon Limi ted Liability Company, Oakway
Golf, Inc., an Oregon Corporation, Oren R. Posner, Susan C. Posner, and John P. Hammer,
recorded November 8, 2002, Reception No. 2002-087785, Lane County Deeds and Records.
17. Public Utility Easement, including the terms and provisions thereof, granted by
paisley, LLC, to the City of springfield, recorded August 24, 2004, Reception No.
2004-066681, Lane County Official Records.
18. Private Storm Drainage Easement, including the terms and provisions thereof, executed
by Paisley, LLC, recorded August 24, 2004, Reception No. 2004-066690, Lane County
Official Records.
19. Private Joint Access Easement, including the terms and provisions thereof, executed
by Paisley, LLC, recorded August 24, 2004, Reception No. 2004-066691, Lane County
Official Records.
20. Easements for utilities over and across the premises formerly included within the
boundaries of County Road No. 221, now vacated, if any such exist.
21. Reservation, including the terms and provisions thereof, of rights set forth in
Development and Easement Agreement dated November 17, 2002, as disclosed in Warranty
Deed recorded November 8, 2002, Reception No. 2002-087786, Lane County Deeds and
Records.
22. Private Non Exclusive Joint Access Easement, including the terms and provisions
thereof, recorded August 24, 2004, Reception No. 2004-066682, Lane County Deeds and
Records.
23. Private Non Exclusive Joint Access Easement, including the terms and provisions
thereof, recorded August 24, 2004, Reception No. 2004-066683, Lane county Deeds and
Records.
24. Private Storm Drainage Easement, including the terms and provisions thereof, recorded
August 24, 2004, Reception No. 2004-066684, Lane County Deeds and Records.
25. Private Storm Drainage Easement, including the terms and provisions thereof, recorded
August 24, 2004, Reception No. 2004-066685, Lane County Deeds and Records.
26. Multi-Use Path Easement, including the terms and provisions thereof, recorded December
15, 2001, Reception No. 2004-095427, Lane County Deeds and Records.
Date Received:
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27. Memorandum of Lease and/or Purchase Option, including the terms and provisions thereof I
recorded September 19, 2007, Reception No. 2007-065430, Lane County Deeds and Records.
28. Declaration of Property Line Adjustment, including the terms and provisions thereof,
by and between Oakway Golf Inc. and Paisley LLC J recorded February 28 I 2003 I Reception
No. 2003-018481, Lane County Deeds and Records.
The above Declaration of Property Line Adjustment does not contain conveyance
language. (Affects the portion in Lot 2 of Parcell)
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 2:
29. Easement for power line, including the terms and provisions thereof I granted Mountain
States Power Co., by instrument recorded March 8, 1929, in Book 161, Page 236, Lane
County Oregon Deed Records. (Location undeterminable)
30. Easement for power line I including the terms and provisions thereof, granted Mountain
States Power Co., by instrument recorded March 8, 1929, in Book 161, Page 238, Lane
County Oregon Deed Records. (Location undeterminable)
31. Easements, conditions, restrictions and notes shown, set forth or delineated on the
recorded plat.
32. Covenants, conditions and restrictions, including the terms and provisions thereof
(but omitting any covenant condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code
or (b) relates to handicap but does not discriminate against handicapped persons) in
Declaration recorded April 17, 2002, Reception No. 2002-030124, Lane County Deeds and
Records.
33. Improvement Agreement, including the terms and provisions thereof, Notice of Potential
Assessment Lien, between Oakway Golf, Inc., and the City of Springfield, recorded April
19, 2002, Recorders Reception No. 2002-030595, Lane County Deeds and Records.
34. Development and Easement Agreement, including the terms and provisions thereof,
between Oakway Golf, Inc. and Paisley, LLC, recorded November 8, 2002, Reception No.
2002-087785, Lane County Deeds and Records.
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 3,
35. Easement for power line, including the terms and provisions thereof f granted Mountain
States Power Co., by instrument recorded March S./ 1929, in Book 161, Page 238. Lane
County Oregon Deed Records. (Location undeterminable)
36. Easement, including the terms and provisions thereof, granted the City of Springfield,
recorded June 20, 1986, Reception No. 8622936, Lane County Official Records.
Disclaimer of Interest for waterline recorded March 9, 2007, Reception No.
2007-016118, Lane County Deeds and Records.
37. Easements for utilities over and across the premises formerly included within the
boundaries of 40th Street, now vacated, if any such exist.
38. Easements, conditions, restrictions and notes shown, set forth or delineated on the
recorded plat.
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39. Covenants, conditions and restrictions, including the terms and provisions thereof
{but omitting any covenant condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United States code
or (b) relates to handicap but does not discriminate against handicapped persons) in
Declaration recorded April 17, 2002, Reception No. 2002-030124, Lane County Deeds and
Records.
40. Improvement Agreement, including the terms and provisions thereof I Notice of Potential
Assessment Lien, between Oakway Golf lIne., and the City of Springfield, recorded April
19, 2002, Recorder1s Reception NO. 2002-030595, Lane County Official Records.
NOTE: The East line of the Plat of l~t Addition to Adams Plat was vacated by City of
Springfield Ordinance No. 6012, recorded May 12, 2006, Reception No. 2006-033112, Lane
County Deeds and Records.
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 4:
41. Easement for power line, including the terms and provisions thereof, granted Mountain
states Power Co., by instrument recorded March 8, 1929, in Book 161, Page 238, Lane
County Oregon Deed Records, (Location undeterminable)
42. Easement, including the terms and provisions thereof, granted the City of Springf ield,
recorded June 20, 1986, Reception No. 8622936, Lane County Official Records.
Disclaimer of Interest for waterline recorded March 9, 2007, Reception No.
2007-016118, Lane County Deeds and Records.
43. Easements for utilities over and across the premises formerly included within the
boundaries of 40th Street, now vacated, if any such exist.
44. Easements, conditions, restrictions and notes shown, set forth or delineated on the
recorded plat.
45. Covenants, conditions and restrictions, including the terms and provisions thereof.
(but omitting any covenant condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code
or (b) relates to handicap but does not discriminate against handicapped persons) in
Declaration recorded April 17, 2002, Reception No. 2002-030124, Lane County Deeds and
Records.
46. Improvement Agreement, including the terms and provisions thereof, Notice of Potential
Assessment Lien, between Oakway Golf, Inc., and the City of Springfield, recorded April
19, 2002, Recorder's Reception No. 2002-030595, Lane County Deeds and Records.
47. Easement, including the terms and provisions thereof, granted the City of Springfield,
by and through its Springfield Utility Board, recorded July 25, 2006, Reception No.
2006-052564, Lane County Deeds and Records.
NOTE: The East line of the Plat of lGt Addition to Adams plat was vacated by City of
Springfield Ordinance No. 6012, recorded May 12, 2006, Reception No. 2006-033112, Lane
County Deeds and Records.
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 5:
48. Easement for power line, including the terms and provisions thereof, granted Mountain
States Power Co., by instrument recorded March 8, 1929, in Book 161, Page 23B, Lane
County Oregon Deed Records. (Location undeterminable)
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49. Covenant and a perpetual easement, permanent and exclusive, for the right to locate
and relocate, construct and reconstruct, maintain patrol and operate one or more
effluent pipe lines upon, along and across, over and under the above property granted
vleyerhaeuser Co., by instrument recorded November 29, 1962, Reception No. 91459, Lane
County Oregon Deed Records. (Location undeterminable)
50. Easement, including the terms and provisions thereof, granted the City of Springfield,
by instrument recorded June 20, 1986, Reception No. 8622936, Lane County Official
Records.
Disclaimer of Interest for waterline recorded March 9, 2007, Reception No.
2007-016118, Lane County Deeds and Records.
51. Easements, conditions, restrictions and notes shown, set forth or delineated on the
recorded plat.
52. Covenants, conditions and restrictions, including the terms and provisions thereof
(but omitting any covenant condition or restriction based on race, color, religion,
sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United'States Code
or (b) relates to handicap but does not discriminate against handicapped persons) in
Declaration recorded April 17, 2002, Reception No. 2002-030124, Lane County Deeds and
Records.
53. Improvement Agreement, including the terms and provisions thereof, Notice of Potential
Assessment Lien, between Oakway Golf 1 Inc., and the City of Springfield, recorded April
19, 2002, Reception No. 2002-030595, Lane County Deeds and Records.
54. Easements for utilities over and across the premises formerly included within the
boundaries of County Road No. 221, now vacated, if any such exist.
55. Public utility Easement, including the terms and provisions thereof, granted to the
Cityof Springfield, by instrument recorded August 24,2004, Reception No. 2004-066680,
Lane County Deeds and Records.
56. Private Storm Sewer Drainage Easement, including the terms and provisions thereof,
by instrument recorded August 24, 2004, Reception No. 2004-066688, Lane County Deeds
and Records.
NOTE, A judgment search has been made on the above named Vestee(s), and we find NONE except
as set forth above.
NOTE: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all
arbitrable matters shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties.
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.
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sm: Title Officer; SUSIE LOVELL
Date Received:
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PROPERTY DESCRIPTION
PARCEL 1:
Lot 14 of J. P. HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception
No. 2002-030122, Lane County Deeds and Records, in Springfield, Lane County, Oregon.
ALSO: Beginning at the Southwest corner of Lot 14 of J.P. HAMMER INDUSTRIAL PARK, as platted
and recorded on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records;
run thence along the Westerly boundary of said Lot North 50 36 I 00'1 East 312.11 feet i thence
North 270 201 34" West 44.53 feet to a point on the Southerly right of way of Industrial
AvenUej thence leaving said Lot line and running along said Southerly right of way along
the arc of a 535.00 foot radius curve to the right, the long chord of which bears South
69059' 30" West 28.59j thence leaving said right of way South SO 36' 0011 West 337.12 feet;
thence South 840 24' 00" East 50.00 feet to the place of beginning, in springfield, Lane
County, Oregon.
ALSO: A portion of the vacated County Road No. 221 adj acent to Lots 1 and 14, J. P. HAMMER
INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No. 2002- 030122, Lane
County Deeds and Records, all in Springfield, Oregon, described as follows: Beginning at
the Southerly most corner of Lot 13 of said J.P. HAMMER INDUSTRIAL PARK, as platted and
recorded in Lane County Deeds and Records, Reception No. 2002-030122, said point.being on
the Northerly right of way of now vacated County Road No. 221 i run thence along said right
of way South 720 08' 50" East 4S. 87 feet to the true point of beginning; thence continuing
along said right of way and the arc of a 286.48 foot radius curve to the right, the long
chord of which bears South 680 36' 38" East 38.80 feet; thence leaving said right of way
South 00 14' 57" West 44.95 feet to the Southerly right of way of said County Road; thence
along said right of way and the arc of a 246.48 foot radius curve to the left, the long
chord of which bears North 66023' 54" West 52.34 feet; thence North 72008' SOil West 10.22
feet to a point on the Northerly boundary of Lot 14 of said J.P. HAMMER INDUSTRIAL PARK;
thence along said right of way and boundary North 720 08' 50" West 170.98 feet; thence along
the arc of a 723.05 foot radius curve to the right, the long chord of which bears North
640 11' 2411 West 200.18 feet; thence North 560 14' 0011 West 54.20 feet; thence along the
arc of a 590.84 foot radius curve to the right, the long chord of which bears North 540
49' 24" west 29.07 feet; thence leaving said Northerly boundary of Lot 14 North 480 341
19" East 20.46 feet to the centerline of said County Road right of way; thence along said
centerline and the arc of a 570.84 foot radius curve to the left, the long chord of which
bears South 550 02' 13" East 23.84 feet; thence South 560 14' 00" East 54.20 feet; thence
along the arc of a 703.05 foot radius curve to the left, the long chord of which bears South
640 Il' 2411 East 194.64 feet; thence South 720 08' 5011 East 169.11 feet; thence ieaving
said centerline North 480 291 24" East 23.24 feet to the true point of beginning, in
Springfield, Lane County, Oregon.
PARCEL 2:
Lot 2 of HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No.
2002-030122, Lane County Deeds and Records, in Lane County, Oregon.
EXCEPT: Beginning at the Southwest corner of Lot 14 of said HAMMER INDUSTRIAL PARK
and run thence along the Westerly boundary of said Lot North 50 36' 00" East 312.11
feet i thence North 270 20 I 3411 West 44.53 feet to a point on the Southerly right of
way of Industrial Avenue; thence leaving said Lot line and running along said
Southerly right of way along the arc of a 535.00 foot radius curve to the right, the
long chord of which bears South 690 59' 30" West 28.59; thence leaving said right
of way South 50 36' 00" West 337.12 feet; thence South 840 24' 00" East 50~00 feet
to the place of beginning, in Springfield, Lane County, Oregon.
Continue -
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Property Description Continued w
PARCEL 3:
Lot 7. J.P. HAMMER INDUSTRIAL PARK, as platted and recorded April 17, 2002, Reception No.
2002-03'0122, Lane County Deeds and Records, all in Lane county, Oregon.
PARCEL 4:
Lot 8, J. P. HAHMER INDUSTRIAL PARK. as platted and recorded April 17, 2002. Reception No.'
2002-030122, Lane County Deeds and Records, all in Lane County, Oregon.
PARCEL 5:
Lot 10. of J. P. HAMHER INDUSTRIAL PARK, as platted and recorded in Lane County Deed Records,
Reception No. 2002-030122, together with the following described property, which is a
portion of the vacated right of way of County Road No. 221: Beginning at the Northeast
corner of said Lot 10, and run along the Northerly boundary of said Lot North 730 07' 00"
West 40.74 feet; thence along the arc of a 5749.39 foot radius curve to the right, the chord
of which bears North 710 35' 04" West 307.89; thence, North 730 03' AD" West 242.60 feeti
thence along the arc of a 811.11 foot radius curve to the right, the long chord of which
bears North 650 53' 11" West 117.85 feet to a point on the Easterly right of way of 40th
Street; thence leaving the Northerly boundary of said Lot 10, and run along said right of
way along the arc of a 215.00 foot radius curve to the right, the long chord of which bears
North 100 07' 46" East 26.15 feet; thence along the arc of a 50.00 foot radius curve to
the right, the long chord of which bears North 170 30' 03" East 6.78 feet; thence leaving
said right of way North 670 03' 00" East 10.90 feet; thence along the arc of a 771.11 foot
radius curve to the left, the long chord of which bears South 650 47' 21" East 114.58 feet;
thence South 700 03' 00" East 242.64 feet; thence along the arc of a 5709.39 foot radius
curve to the left, the long chord of which bears south 71035' 00" East 305.55 feet; thence
South 730 07' 00" East 78.57 feet; thence along the arc of a 258.73 foot radius curve to
the right, the long chord of which bears South 690 52' 38" East 29.24 feet to a point on
the Southwesterly right of way of 42nd Street; thence along said right of way on the arc
of a 1512.39 foot radius curve to the left, the long chord of which bears South 400 54'
28" East 27.47 feet; thence South 410 25' 41" East 82.73 feet; thence leaving the right
of way of said 42nd Street South 480 )4' 19" West 20.00 feet to a point on the Northeasterly
boundary of said Tract A of J.P. HAMMER INDUSTRIAL PARK; thence along said boundary North
410 25' 41" West 46.00 feet; thence along the arc of a 218.73 foot radius curve to the left,
the long chord of which bears North 630 20' 41" West 74.28 feet; thence North 730 07' 00"
West 37,61 feet to the place of beginning, in Springfield, Lane County, Oregon,
EXCEPT all that portion of vacated County Road No. 221, lying East of the Northerly
projection of the East line of said Lot 10, all in Lane County, Oregon.
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541 485 0307
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PROPERTY. THE COMPANY ASSUMES
tiG LIABILITY FOA INACGURACIES.
Date Received:
Planner: SH
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JAN-31-2011 18:08 clade TItle 541 4850307 P.10
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