HomeMy WebLinkAboutMiscellaneous Miscellaneous 10/26/2006
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Fidelity National Title Company of Oregon
4710 Village Plaza Loop Suite 160. Eugene, OR 97401
(5411684-9960. FAX (5411684-0196
REPORT
ESCROW OFFICER: Brenda Betz
TITLE OFFICER: Landa Minyard
ORDER NO.: 02-108768-46- I
Amended
TO: Tolbert & Associates
ATTN: Lloyd Tolbert
P.O. Box 70224
Eugene, OR 97401
OWNER/SELLER: Suntrust Land Company LLC
BUYER/BORROWER:
PROPERTY ADDRESS: 229 Acres Mountaingate Sub., Springfield, OR 97478
EFFECTIVE DATE: October 18,2006,05:00 P.M.
1.
AMOUNT
PREMIUM
2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A fee
3.
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TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Suntrust land Company llC
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THE lAND REFERRED. TO IN THI.S REPORT IS SITUATED, IN THE CITY OF
SPRINGFIELD, IN THE COUNTY OFLA:NE, STATE OF OREGON, AND IS DESCRIBED
AS FOllOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
lM\LM 10/25/2006
Date Received:
Planner:
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EXHIBIT "ONE"
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Order No. 02-108768-46
Beginning at a 5/8 inch rebar with a yellow plastic I.D. cap stamped "Branch Eng Inc" located
at the most Westerly Northwest corner of Lot 54, MOUNTAINGA TE, recorded May 10,2005,
Document No. 2005-33764, Lane County Oregon Deeds and Records; thence 880 07' 50'
West 826.18 feet; thence South 01 0 40' 40" West 730.64 feet; thence North 890 13' 27"
West 14.45 feet; thence South 520 05' 49" East 24.58 feet; thence South 370 54' 12" West
300.00 feet; thence North 52005' 49" West 150.00 feet; thence North 370 54' 17" East
205.05 feet; thence North 890 13' 27" West 128.29 feet to a brass cap marking the
Northwest corner of Section 3, Township 18 South, Range 2 West of the Willamette Meridian;
thence continuing North 89013' 27" West 261.45 feet; thence South 01031' 18" West
688.66 feet to the Northerly right of way of Weyerhaeuser's private roadway; thence along
said Northerly right of way the following five (5) courses and distances: thence along the arc
of a 745.71 foot radius curve right (the chord of which bears South 400 50' 12" East 83.78
feet) a distance of 83.83 feet; thence South 370 36' 59" East 979.83feet; thence along the
arc of a 542.57 foot radius curve left (the,chord of which bears South 520 41' 29" East
282.23 feet) a distance of 285.51 feet; thence South 670 45' 59" East 192.07 feet; and
thence along the arc of a 602.57 foot radius curve right (the chord of which bears South 520
07' 55" East 324.78 feet) a distance of 328.85 feet; thence leaving said Northerly right of
way; bearing North 520 53' 06" East 14.48 feet; thence along the arc of a 280.00 foot radius
curve left (the chord of which bears North 780 53' 10" East 503.32 feet) a distance of
625.52 feet; thence North 140 53' 14" East 87.89 feet; thence along the arc of a 430.00
foot radius curve left (the chord of which bears North 130 18' 31 " East 23.69 feet) a distance
of 23.69 feet; thence South 290 58' 27" East 22.09 feet; thence South 750 06' 46" East
58.86feet; thence along the arc of a 325.00foot radius curve right (the chord of which bears
South 71052' 34" East 36.70 feetl a distance of a 36.72 feet; thence North 21021' 38"
East 110.00 feet; thence North 00029' 45" East 165.70 feet; thence North 41000' 26"
West 112.74 feet; thence North 140 37' 42" West 83.91 feet; thence North 080 35' 16"
West 74.63feet; thence North 040 59' 22" West 76.49 feet; thence North 050 02' 04" East
77 .27 feet; thence North 790 55' 40" West 130.00 feet; thence along the arc of a 570.00
foot radius curve right (the chord of which .bears North 110 22' 46" East 26.01 feet) a
distance of 26.01 feet; thence South 790 55' 40" East 130.15 feet; thence North 14002'
21" East 173.21 feet; thence North 750 5r39" West 130.00 feet; thence North 14002'
21" East 26.00 feet; thence South 750 57',39" East 130.00 feet; thence North 14002' 21"
East 90.00 feet; thence South 750 57' ~9"'Ea~t.180.00feet; thence North 14002' 21" East
206.00 feet; thence South 750 57' 39", Eas(22.15 feet; thence North 360 39' 21" East
716.22 to the Southwest corner of Lot 108 of MOUNTAINGATE FIRST ADDITION recorded
April 3, 2006, Document No. 2006-022556,Lane County Oregon Deeds and Records; thence
along the Southerly boundary of said MOUNTAINGATE FIRST ADDITION North 030 09' 30"
East 72.43 feet; and North 870 08' 24" West 547.98 feet, returning to the Southwesterly
boundary of above mentioned MountClingate; thence along said Southwesterly boundary of
Mountaingate the following seven (7) courses.'and distances: North 48 003' 28" West 176.97
feet; thence along the arc of a 80.00 foot radius curve right (the chord of which bears North
130 35' 04" East 39.13 feet) a distance of 39.53 feet; thence North 620 15' 41 "West 60.00
feet; thence North 42047' 48" West 204.72 feet; thence North 61025' 21" West 101.56
feet; thence North 580 23' 57" West 308.47 feet; thence North 01036' 03" East 161.66
feet to the Point of Beginning, in Lane County, Oregon.
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Order No. 02-108768-46
AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO
COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY
FORM WOULD BE AS FOLLOWS:
GENERAL EXCEPTIONS:
1. Taxes or assessmen1S 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. Any faC1S, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of persons in
possession.
3. Easemen1S, or claims of easemen1S or encumbrances, 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5. Any statutory liens for labor or material, including liens for contributions due to the State
of Oregon for unemployment compensation and for worker's compensation, which have
now gained or may gain priority over the lien of the insured deed of trust, which liens do
not now appear of record.
SPECIFIC ITEMS AND EXCEPTIONS:
6. The herein described property has been classified as Small Tract Forestland Option, as
disclosed by the tax roll, and may be subject to additional taxes andlor penalties.
7. 2006 Partial Small Tract Forestland Declass $2,821.89 due 11115/2006 for tax account
#0560803, $3,073.47 on .account #1724069, $8,255.26 on account #1724077 and
$15,994.44 on account #1724499.
8. City liens in favor of the City of Springfield, if any.
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9. Rights of the public and governmental agencies in and to any portion of said land lying
within the boundaries of streets, roads and highways. I
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10. Easement!s) for the purposels) shown below and righ1S incidental thereto as granted in a
document.
G ranted to:
Purpose:
Recorded:
Affec1S:
McKenzie Highway Water District
Pipeline and Ingress and Egress
June 12, 1961, Recorder's No. 34700
Unloeatable
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Order No. 02-108768-46
11. Easement!s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to:
Purpose:
Recorded:
Springfield Utility Board
Electric distribution
March 3,1981, Recorder's No. 8109405
12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to:
Purpose:
Recorded:
Springfield Utility Board
Public utilities and incidental purposes
March 27, 1981, Recorder's No. 8113484
13. Matters contained in that certain document entitled "Notice of Court Order and Final
Judgment and Entry of Injunction Affecting Real Property", dated December 28, 1985,
by and between City of Springfield and Roger M. Van et. al., recorded January 4, 1985,
Recorder's No. 8500353, which document, among other things, contains or provides for:
"Annexation agreements..
Reference is made to said document for full particulars.
14. Matters contained in that certain document entitled "Notice of Real Property subject to
Master Plan Pursuant to Article 37 of the Springfield Development Code", dated April 16,
1999, by and between City of Springfield, recorded April 13, 1999, Recorder's No.
99035359, which document, among other things, contains or provides for: "Residential
subdivision development".
Reference is made to said document for full particulars.
15. Matters contained in that certain document entitled "Agreement", dated July 31, 2002,
by and between LeeLynn, Inc., an Oregon corporation and Wiley Mt., Inc., an Oregon
corporation and Alberts Development, LLC, as tenants in common, recorded August 1,
2002, Recorder's No. 2002-058266.
Reference is made to said document for full particulars.
16. Matters contained in that certain document entitled "Declaration of Property Line
Adjustment ISUB2003-00049j", dated March 10,2004, by and between LeeLynn, Inc,
an Oregon corporation, Wiley Mt., Inc., an Oregon corporation and Alberts Development
LLC, a Ltd. Liability Co., recorded March 11, 2004, Recorder's No. 2004-017283 to
2004-017286.
Reference is made to said docuni,ent for full particulars.
Said document has been corrected by Instrument I
Recorded: March 16, 2005, Recorder's No. 2005i018021
17. Matters contained in that certain document entitled "Declaration of Easement", dated
March 10, 2004, by and between LeeLynn, Inc., Wiley Mt. Inc. and Alberts Development,
recorded March 11, 2004, Recorder's No. 2004-017288, which document, among other
things, contains or provides for: "Temporary access easements for ingress, egress,
sanitary, storm, utilities and maintenance that terminates upon the recordation of
Subdivision Plats".
Reference is made to said document fodull particulars.
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Order No. 02-108768-46
18. leases and/or tenancies, if any.
19. No search has been made for financing statements filed in the office of the Secretary of
State, or in any county other than the county in which the herein described land is located.
No liability is assumed for any financing statement filed in the office of the County Clerk
(Recorder) covering timber, crops, fixtures or contracts affecting said land if said land is
not described by metes and bounds, recorded lot and block or under the rectangular
survey system.
20. Personal property taxes, if any.
21. Line of credit Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Rents,
to secure an indebtedness as shown below and any other obligation secured thereby:
Amount:
Dated:
Grantor:
Trustee:
Beneficiary:
Recorded:
Reception No.:
$12,000,000.00
December 15,2005
Suntrust land Company, llC, an Oregon limited liability company
Fidelity National Title of Oregon
Homestreet Bank, a Washington state chartered savings bank
December 20, 2005
2005-101023
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by:
Suntrust land Company, LLC, Homestreet Bank or MW Housing
Partners III, loP.
August 17, 2006, Recorder's No. 2006-059578
Recorded:
22. Line of credit Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Rents,
to secure an indebtedness as shown below and any other obligation secured thereby:
Amount: $6,000,000.00
Dated: December 9, 2005
Grantor: Suntrust Land Company, LLC, an Oregori limited liability company
Trustee: Fidelity National Title of Oregon
Beneficiary: MW Housing Partners III, loP., a California limited partnership
Recorded: December 20, 2005
Reception No.: 2005-101024
An agreement which states that this instrument was subordinated to the document or
interest shown as:
#25
By Agreement
Recorded:
December 20,2005, Recorder's No. 2005-101025
NOTES:
END OF ITEMS AND EXCEPTIONS
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Note A.
This report is being amended update the policy report. This is for subdivision purposes
only_
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Note B.
Note C.
Note D.
Note E.
Note F.
Note G.
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Order No. 02-108768-46
YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT
CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE
DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS ANDOBLlGA TIONS. YOU
MAY CONSULT AN A TIORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT
AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION
OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS
THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.
Property taxes for the fiscal year 2006-2007, Paid in full.
Amount:
Account No.:
Map No.:
Levy Code:
Affects:
Codesplit
$3,341.05
0560803
18 02 04 11 00300
19-01
Land Only and includes additional property
Property taxes for the fiscal year 2006-2007, Paid in full.
Amount:
Account No.:
Map No.:
Levy Code:
Affects:
Codesplit
$22,664.93
1724499
18 02 04 11 00300
19-00
Land Only
Property taxes for the fiscal year 2006-2007, Paid in full.
Amount:
Account No.:
Map No.:
Levy Code:
Affects:
$10,610.12
1724077
1702343301600
19-00
Land Only and includes additional property
Property taxes for the fiscal year 2006-2007, Paid in full.
Amount:
Account No.:
Map No.:
Levy Code:
Affects:
Codesplit
$3,815.70
1724069
1702343301500
19-01
Land Only and includes additional property
Property taxes for the fiscal year 2006-2007, Paid in full.
Amount:
Account No.:
Map No.:
Levy Code:
Affects:
Codesplit
$3,815.70
174:9215
1702343301500
19-00
Land only
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There are no judgmentlj '\lfi~c;,ord against Suntrust Land Company LLC.
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There are no tax liens of record against Suntrust Land Company LLC.
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