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HomeMy WebLinkAboutApplication APPLICANT 4/14/2008 City of SpringfIeld Development Services Department 225 Fifth Street Spnngfield, OR 97477 Land Division Plat Application, Type I Applicant Name: Philip Farrington, AICP Company: PeaceHealth Address: 1123 International Way, Sprrngfield, OR 97477 Applicant's Rep.: IAndrew Haliburton I Phone: 1503-227-3251 Company: I KPFF Consulting Engineer I Fax: 1503-274-4681 Address: 1111 S.W. Fifth Avenue, Suite 2500, Portland, OR 97204 Property Owner: ISame as Applicant Phone: Company: I Fax: Address: I \1-b"3~15-4o 11.. ~; J1~o3~14-lV TL 12(0) I~CO) (800; 11-D3-23.t2. n... 2ao,)~4oo,~OOI bOOt '7DO ASSESSOR'S MAP NO: \1~D3~'Z-"L--DO TAX LOT NO(S):iL 3bO. 700-/ t.f.DO Property Address: 3333 Game Farm Road, Springfield, Oregon Size of Property: 149.139 Acres [;gI Square Feet D Proposed Name of Subdivision: RiverBend, Phase II 541-686-3828 1541-335-2595 Description of Final Plat Proposal: Existing Use: Vacant # of Lots/Parcels: 12 . SUB200S-00012 and Tentative Case #: SLJB7006-00044 Avg. Lot/Parcel Size: varies sf Density: NjA dujacre Zoning: Applicable Refinement Plan: Location: City Limits D Associated Applications: Pre-Submittal Case No.: Case No.: S())f;?f}.,~- &6\c\ Application Fee: $ TOTAL FEE'S $ Overlay District: Plan Designation: Urban Growth Boundary D Date: I Date: q / I Lf /oCb I -m'C1111ina1 ~.~rfo .-~~~;t-! - Reviewed by: Reviewed by: Postage Fee: *~ $ A'::'lf"l h ~ ""iUt) I!", ~ , (,.J U Revised 11/20/2006 bJ Onglnal Submittal 1~.J A\) L - t)Dcl , Steps in the Process. 1. The Applicant Submits a Pre-Submittal Meeting Application The Pre-Submittal Application is mandatory. Please refer to the Fee Schedule for the current application fee. The submittal package must conform to the application completeness checklist attached to this form. Please refer to Page 4 for the Pre-Submittal requirements. Pre- 'submittal meetings will be conducted every Tuesday and Friday between 10:00 a.m. and noon. We will strive to conduct the Pre-Submittal meeting within five to seven working days of receiving the application. 2. Applican't and the City conduct the Pre-Submittal' Meeting We strongly encourage you, the owner and design team, to attend the Pre-Submittal meeting. The meeting will be held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire MarshaWs office, and the Planning Division. The meeting will be scheduled for 30 to 60 minutes. The Planner will provide you with a Pre-Submittal Checklist at the end of the meeting speCifying the items required to make the application complete-if it isn't already complete. You will then have 180 days to make the application complete for submittal and acceptance by the City. 3. Applicant Submits a Complete Application When you have addressed all of the items on the Pre-Submittal Checklist, please submit a complete application to the Survey Section located at the NW Quad of City Hall. -Refer to page 5 for the submittal requirements. The plat application fee will be collected at that time If the application has been deemed complete. After SurveYing and Planning staff checks and signs the mylars the plat may then be recorded by the applicant's surveyor at Lane County. AFTER RECpRDING: Submit Five (S) recorded rolled paper copies of the plat along with Three (3) copies of required documents delivered to the Development Services Department prior to the issuance of any building permits. Owner's Signature This application will be used for both the required Pre-Submittal Meeting and subsequent complete application submittal. Owner's signatures are required at both stages In the application process. An application without the Owner's original signature will not be accep,ted. Pre-Submittal: D Case Number: The undersigned acknowledges that the Information In this application is correct and accurate for scheduling of the Pre-Submittal Meeting. Owner: Date: Signature .....- Date Received: APR i 4 20U8 "'-'! Print Name Revised 11/30/2006 bJ - 2 - Ori9ln~1 Subrr'IU(;;1 Case Number: SDlS ~~... (jJJ fz Date Submitted: LI I?/ I O~ . I . I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal 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 wntten notice pursua~n,t tO~he :fi:men~RS 227.178 pertaining to a C~;~Plete application I Owner: 7/V't- ~ Date: _1J(1/tf tl.f' Signature I U Philip Farnngton Pnnt Name Plat applications will be processed as follows: (See attached Plat Review Process Flow Chart) 1. The applicant submits a Pre-Submittal meeting application. 2. Within five to seven working days, the applicant and the City conduct a pre-submittal meeting. 3. The applicant coordinates any additional review of the plat and other required documents with representatives from the City's Planning, Public Works Englneenng, and Surveying Section. 4. The City Surveying Section will notify the applicant's Surveyor when the plat and other documents are sufficiently refined to allow for the submittal of the plat mylars. s. The applicant submits: a. The Mylars and all final documentation to the Surveying Section located in the NW Quad Section 'of City Hall. b. If document set IS complete, applicant submits to Planning the Plat application, a copy' of the mylar and final documents as well as financial secuntles including the application f~e. ( 6. The City Surveyor and Development Services Director may sign the final plat If all other conditions and requirements are fulfilled. 7. The plat mylars may be delivered to Lane County for recording by the applicant's Surveyor or whomever the Surveyor authorizes. AFTER RECORDING: 8. The applicant shall deliver Five (5) recorded rolled plat paper copies, along with Three (3) copies of any other recorded required documents to the Development Services Department prior to the issuance of any building permits. ~, D~te Received: APR 1 4 2008 Origlnsl Submittal ReVised 11/30/2006 bJ ' - 3 - 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone City of Springfield Official Receipt Jevelopment Services Department Public Works Department RECEIPT #: 3200800000000000227 Date: 04/14/2008 2:57:27PM Payments: Type of Payment Check Received By Check Number Batch Number Item Total: Authorization Number How Received Amount Due 95,654 08 4,78270 $100,436.78 Job/Journal Number SUB2008-000 19 SUB2008-000 19 DescriptIOn CTY Subd >NonLDR Base +616 Ac + 5% Technology Fee Paid By PEACEHEAL TH OREGON REGION Amount Paid tJ 00318365 In Person $100,436 78 Payment Total: $100,436.78 1IIIt11;"1!il.I~lii:\lLIIII-I~~ir,i)R~:l.If.8'(~Ol:::f:.liNrok-It~'~I='ItI.\Il'I~II'IiI~~hlt.lUIl." h.11+='1::I:u,I.Ii':lIJ::Ilrlll'I.=-:IlIJf":I~~'Ja.ifitB"'II.II:JIllI~II.lI::1'11:'1';" .':"*'ltIJ~I:'I.II'I~I:::I.tln.jD~-I;:wIIIIC1~.f_h",- -~ .........I.w.IUI..,- 11_ ',I .\~ ,',I 1,'\:,1:\ $.~~Jt~eH~alth , ~:i ""~cC~QregQWRegion':',\:',,", .. - - - 1255 Hilyard Street . PQ ~vx~lQ9Q~ ~='o- Ev~~~~I~i! 75-1592 1:;:\:::):rl*};~8365 rs~(}~~ PAY (Jtte7l~7~'1~~7~-SC:tad18"ll001)~ ';:"::(,{T~,~:Jf:':~rm):r OF ~ii o~ ~" ~ ~~ h:i\{{r,::I:,};i:; \...11 r OF SPRlNGlf1.ELD ~.-: ATTN NATHAN BELL -FINANCE DEPT ~~ ~~=:~ ~~~G\~lNt\T.y,477 -~3 ~~~~ ~ ~~-~ := ri;:- ,:',:1,: "i::, ,.., ":",::",' 0;:1;; ~~~C;:t~ , j ~iri~~_-l~~~1I~;":'7';t:';,,:,;,:.,:, ,'"ll 111,,11 ,'.:'::,'I,:",::";,,,{\~~~;o,~ ~~~-t~~~ ~~~ ;;-;~o \ \ I 11,1'1'1 \ -=- -~ =-" -= -= -_-~ - _- ==--==-=' ""I~ \ ~~0 ';C ~;;-= . .. J",~ /!......... .,. 'i,'l, III 0 0 :l ~ 8 :l b 5 III I: 0 ~ ~ 2 ~ 5 ~ 2 7 I: ~ 5 2 ~ 000 ~ :l ~ ~ 8 III II THE FACE OF THIS CHECK HAS A BLUE BACKGROUND" EXPLANATION OF ADDITIONAL SECURITY FEATURES INDICATED ON REVERSE SIDE Date Received: APR 1 4 2008 j J Onglnal Submittal cRecemtl Page 1 of 1 4/14/2008 Rachel Griffith From: KNAPEL Carole [cknapel@cl springfield or us] Sent: Tuesday, April 08, 2008 8 54 AM To: Andrew Haliburton Cc: FARRINGTON Phil (SMTP) Subject: RE PeaceHealth - See,klng confirmation of plat application fee I asked Tara Jones to rl,ln the calculation She gave me the following $95,654 08 4,782 70 (technology fee) $100,43678 Total Carole From: Andrew Haliburton (mailto:andrew.hallburton@kpffclVllpdx.com] Sent: Monday, April 07, 20083:44 PM To: KNAPEL Carole Cc: FARRINGTON Phil (SMTP) Subject: PeaceHealth - Seeking confirmation of plat application fee Carole Page 1 of 1 I am hereby confirming that the final area for the subdivIsion plat RlverBend Phase" IS 149 139 acres I By the City's current web-based schedule of land use application fees (Base Fee of $3,7~0 + Per Acre Fee of $616), we calculate the Plat Fee to be $95.659.62 Since writing a check of thiS value requires special arrangements, we are seeking Verification of the amount prior to arriving at the planning desk With check In hand We plan to resubmit the plat drawings for review on Thursday of thiS week Many thanks, Andrew 4/11/2008 .......- Date Received: APR 1 ~'20U8 Original Subn~IIUai Consulting Engineers ATTN: TO: US Bancorp Tower, 111 SW 5th Avenue, SUite 2500 Portland, OR 97204 (503) 227-3251 FAX (503) 274-4681 LETTER OF TRANSMITTAL Page 1 of 1 Development Services Department City of Springfield 225 Fifth Avenue Springfield, OR 97477 DATE: JOB#: RE: April 14, 2008 301140.78 Peace Health RlverBend Final Plat Date 4/14/08 4/14/08 4/14/08 3/25/08 4/7108 WE ARE SENDING YOU VIA: D Messenger. D 3 Hour DShop Drawings DCopy of Letter DEmail D 2 Hour DPrints DChange Order D Fax D U.S. Mall D 1 Hour D 30 M1n DSamples DPlans D Overnight Courier IZI Hand Delivery DSpeclflcatlons IZIAppllcatlon I Copies I 3 I 1 I 2 I 2 I 2 2 2 No. Description Plat Sheets Plat Application and Fee - check in the amount of $100,436 78 Applicant Response to City and County Comments I Updated Title Report I Closure Sheets - RiverBend Phase II Documents to be recorded with Plat: Public Way Use Agreement, Public Trail Easement, Improvement Agreement (Lot 8), Improvement Agreement (Lot 9), Improvement Agreement (Lots 8 & 9) I CC&Rs (recorded 4/8/08) I These are transmitted as checked below' DFor your use DApproved as submitted IZIFor your approval DApproved as noted DAs requested DApproved as Noted DFor review & comment D DResubmit copies for approval DSubmlt copies for distribution DReturn corrected prints DFor BIDS DUE PRINTS RETURNED AFTER LOAN TO US REMARKS: Please Inform Carole Knapel (541-726-3672) that this application has been submitted I Copy to: I ~1/ I ~ /-+ __ ~, I Signed: I /l/" An ie'wHahburton .....- '" t B 'd ua e r\SeeNe = AP~ ~ 4 2008 ""'111 Onglf'''': S,:Ji.lm,Llai " o o ---------------------------------------------------------------------------0 o Parcel name' LOT 10 o North 937246 4601 East 4267498.9260 0 Llne Course S 02-24-36 E Length. 5 06766938 0 North 937241.3969 East 4267499.1391 0 Curve Length: 87 06497403 Radlus' 40.000000000 Delta. 124-42-41 Tangent: 76 36919882 0 Chord 70 86763413 Course' S 12-35-48 EO Course In. S 15-02-52 W Course Out: S 40-14-27 EO RP North 937202.7686 East : 4267488.7541 0 End North' 937172.2351 East : 4267514.5942 0 Curve Length 23.48165976 Radlus: 35 000000000 Delta 38-26-24 Tangent: 12.20197310 0 Chord: 23 04371073 Course: S 30-32-21 WO Course In: S 40-14-27 E Course Out: N 78-40-51 WO RP North 937145.5184 East : 4267537.2043 0 End North. 937152.3880 East : 4267502 8851 0 Llne Course S 02-24-36 E Length 192 37249140 0 North: 936960 1856 East : 4267510.9743 0 Llne Course S 01-07-36 E Length' 110.62047150 0 North' 936849.5865 East 4267513.1494 0 Llne Course. S 88-16-40 E Length' 425.57700822 0 North' 936836.7963 East : 4267938.5342 0 Llne Course: S 02-06-16 E Length. 411.59761574 0 North 936425.4763 East : 4267953.6486 0 Llne Course S 88-16-40 E Length' 15 14346948 0 North: 936425.0212 East : 4267968 7852 0 Llne Course N 07-22-10 E Length: 113.62718406 0 North: 936537 7097 East : 4267983.3598 0 Curve Length: 239.69479282 Radlus: 600 000000000 Delta: 22-53-21 Tangent: 121.46644954 0 Chord: 238.10273706 Course: N 04-04-31 WO Course In' N 82-37-50 W Course Out. N 74-28-49 EO RP North. 936614.6698 East 4267388 3160 0 End North. 936775.2118 East 4267966 4390 0 Curve Length: 687.25734447 Radlus: 727.000000000 Delta: 54-09-49 Tangent: 371. 73474143 0 Chord 661.95308528 Course: N 42-36-06 WO Course In' S 74-28-49 W Course Out: N 20-19-00 EO RP North: 936580 6884 East : 4267265 9466 0 End North: 937262.4602 East : 4267518.3671 0 Llne Course S 50-32-40 W Length' 25.17667649 0 North: 937246.4610 East 4267498.9278 0 Llne Course: N 50-54-22 E Length' 0 00000000 0 North: 937246.4610 East 4267498 9278 0 o Perlmeter 2336 68211762 Area: 130,940 sq ft 3.006 acresO o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure: 0 0019 Course: N 64-20-20 ED Error North: 0 00084 East : 0 00176 0 PreClSlon 1. 1,229,832.293342110 o o ---------------------------------------------------------------------------0 o < Parcel name: LOT 20 o North 936396.5661 Llne Course N 01-49-36 W North 936489.7587 Llne Course N 01-07-36 W North 936517.9181 Llne Course' S 88-16-40 E North. 936505.0669 East Length : 4268391.3393 0 93.23996762 0 East: 4268388.3672 28 16481048 0 East . 4268387 813~ 427.60433020 0 East . 4268815 2245 o Length. o Length: o Original Submittal t-l V\?(2J'b \:?N 0 'V \-t-- Il L-~ t - \ 7-- ' Date Received: APR 1 4 2008 Llne Course: S 88-16-40 E North 936504 6118 Llne Course. S 07-22-10 W North: 936271 4397 Llne Course S 46-16-21 W North 936230 4269 Curve Length: 109.14125589 Delta: 25-00-48 Chord: 108 27684587 Course In N 12-22-10 E RP North 936474.6235' End North 936275.9742 Llne Course' N 56-22-10 W North 936322 5211 Curve Length 157.52836887 Del ta: 26-58-45 Chord: 156 07764767 Course In: S 34-00-05 W RP North: 936045 1764 End North 936377.2106 Curve Length. 31.75273388 Del ta' 5-31-17 Chord. 31.74053169 Course In: S 10-25-39 W RP North: 936053.1524 End North' 936381.4452 Llne Course N 53-07-05 W North: 936396.5572 Llne Course' N 01-49-36 W North. 936396.5666 o Perlmeter 1266.25690646 Length 15.14346948 0 East 4268830 3612 Length: 235 11414467 0 East: 4268800.2039 Length. 59.33322270 0 East: 4268757.3276 Radlus' 250 000000000 Tangent. 55.45431446 Course. N 65-07-26 WO Course Out: S 37-22-58 WO East : 4268810 8812 East : 4268659 0969 Length' 8404461826 0 East : 4268589 1192 Radlus: 334.543716690 Tangent. 80.25282758 Course: N 69-29-18 WO Course Out N 07-01-20 EO East 4268402 0380 East : 4268442 9374 Radlus: 329.500000100 Tangent 15.88870615 Course: N 82-19-59 WO Course Out: N 04-54-22 EO East: 4268383.3008 East 4268411.4807 Length. 25.17975170 0 East: 4268391.3401 Length' 0.00931334 0 East: 4268391.3398 o o o o o o o o o o o o o o Area: 84,936 sq ft. 1.950 acre sO o o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure 0 0007 Course: N 46-53-38 EO Error North: 0.00045 East: 0 00048 0 PreClSlon 1: 1,808,937.124414290 o o ______________________________________________________---------------------0 o Parcel name: LOT 40 o North. 935445.7854 East : 4268336.2191 0 Curve Length: 358.00015205 Radlus' 476.000000000 Delta: 43-05-32 Tangent: 187.94453358 0 Chord: 349.62268560 Course N 72-11-00 EO Course In: N 03-43-46 E Course Out: S 39-21-46 EO RP North 935920.7773 East : 4268367 1806 0 End North 935552 7600 East : 4268669 0733 0 Llne Course' S 33-43-23 E Length: 252.34850038 D North: 935342 8739 East 4268809.1720 0 Llne Course S 88-10-40 E Length. 560.62367245 D North 935325.0470 East : 4269369.5121 0 Llne Course' S 07-11-26 W Length: 25.93419541 0 North: 935299.3168 East 4269366.2659 0 Llne Course' S 00-10-09 E Length. 94 73362731 0 North: 935204 5835 ' East : 4269366 5456 0 Llne Course: S 01-09-27 W Length 89.45216995 0 North' 935115.1496 l East 4269364.7386 0 Llne Course S 00-00-21 W Length' 50.08216714 0 North: 935065 0675 East : 4269364 7335 0 Date Received: Llne Course N 88-10-40 W Length 129 06932193 0 North: 935069 1717 East : 4269235 7295 0 Llne Course: N 88-10-40 W Length 940 75385973 D APR 1 4 2008 North: 935099 0861 East : 4268295.4514 0 Llne Course:. N 03-29-25 E Length: 26.35259472 0 North 935125.3899 East 4268297.0557 0 Original submittal Llne Course N 06-41-41 W Length 20.70755976 0 North 935145 9562 East 4268294 6416 0 Llne Course N 37-29-22 W Length: 3 97897379 0 North' 935149 1134 East 4268292.2200 0 Curve Length 93 38727647 Radlus 1396.947457110 Delta 3-49-49 Tangent 46.71030151 0 Chord 93 36842185 Course N 05-43-53 WO Course In N 82-21-'--12 E Course Out S 86-11-01 WO RP North 935334 9964 East : 4269676.7450 0 End North 935242 0165 East : 4268282.8954 0 Curve Length 151.23022512 Radlus: 1320.582239640 Delta 6-33-41 Tangent 75.69758950 0 Chord 151.14706765 Course: N 01-19-18 EO Course In N 88-02-27 E Course Out. N 85-23-52 WO RP North' 935287.1636 East 4269602.7056 0 End North 935393.1239 East 4268286 3813 0 Llne Course N 11-02-22 E Length: 20.84667445 0 North 935413 5848 East 4268290.3731 0 Llne Course: N 57-12-51 E Length: 54.29944605 0 North 935442 9880 East : 4268336.0227 0 Llne Course' N 03-59-20 E Length 2.80571012 0 North. 935445 7869 East : 4268336 2178 0 Llne Course: S 03-40-21 W Length 0 00043067 0 North 935445.7865 East 4268336.2178 0 0 Perlmeter: 2874 60539580 Area' 339,544 sq. ft. 7.795 acresO o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure: 0.0017 Course N 49-37-30 WO Error North: 0.00113 East -0.00133 0 PreClSlon 1. 1,690,945.033823530 o o ---------------------------------------------------------------------------0 o Parcel name: LOT 50 o North 935274 8088 East 4271204.8775 0 Curve Length. 156.84916195 Radlus: 306.000000000 Delta. 29-22-07 Tangent: 80.18794351 0 Chord' 155.13757457 Course' N 61-20-34 WO Course In N 13-58-22 E Course Out S 43-20-29 WO RP North 935571.7544 East 4271278.7645 0 End North 935349 2076 East 4271068.7433 0 Llne Course: N 46-39-31 W Length: 43 67451878 0 North 935379 1834 East 4271036.9798 0 Curve Length 78 45782561 Radlus: 209 951844820 Delta 21-24-40 Tangent. 39.69205531 0 Chord 78.00240274 Course N 62-00-48 WO Course In: S 38-41-32 w Course Out N 17-16-52 EO RP North. 935215 3128 East 4270905.7312 0 End North 935415 7871 East 4270968.0995 0 Llne Course. S 55-59-52 W Length 73.81204339 0 North 935374.5096 East : 4270906 9082 0 Llne Course' S 07-22-10 W Length 349 59274572 0 North. 935027.8046 East 4270862 0671 0 Llne Course' S 09-36-24 w Length' 461 06599318 , 0 North. 934573.2043 East : 4270785 1228 , 0 Llne Course: S 40-54-42 E Length 71.67568040 0 North 934519.0375 East 4270832.0628 0 Llne Course S 03-42-08 W Length 2.44401690 0 North: 9~4516 5986 East 4270831.9050 0 Date Received: Curve Length: 563.42576378 Radlus 381.000000000 Delta: 84-43-46 Tangent. 347 47040854 0 Chord' 513.47149011 Course N 51-20-15 EO APR 1 4 2008 Course In N 03-42-08 E Course Out S 81-01-38 EO RP North. 934896.8035 East 4270856.5065 0 End North. 934837 3808 East 4271232.8441 0 Original Submittal Llne Course. N 08-58-22 E Lengc:h: 406.28429266 0 North' 935238.6932 East 4271296 2103 0 Llne Course N 33-36-03 W North 935254.7351 Llne Course. N 76-01-38 W North: 935274.8088 o Perlmeter: 2309.67599025 Length: 19 26004642 0 East: 4271285.5517 Length: 83 13422960 0 East . 4271204 8774 o Area: 305,800 sq. ft. 7.020 acresO o o Mapcheck Closure - (Uses Error Closure 0.0002 Error North -0 00003 PreClSlon 1: 11,548,381.591950000 o o ---------------------------------------------------------------------------0 o Parcel name: LOT 60 o North: 937749.3883 Curve Length: 284.04941718 Delta. 22-01-22 Chord: 282.30309531 Course In' S 67-49-42 E RP North: 937470 5023 End North: 937472.4227 Llne Course. S 00-08-56 W North: 937370.6440 Curve Length 33.07548255 Delta' 3-19-08 Chord: 33 07121598 Course In: N 89-51-04 W RP North' 937372.1278 End North: 937337.5896 Llne Course' S 53-24-07 W North' 937324.1862 Llne Course. N 76-01-38 W North: 937332 8015 Curve Length: 48 86849182 Del ta: 11-22-55 Chord 48 78753380 Course In: N 13-58-22 E RP North' 937571 5225 End North: 937349.2187 Curve Length' 75.45067081 Delta: 17-31-54 Chord: 75,15661326 Course In: N 25-21-55 E RP North: 937572.0296 End North: 937391.3883 Curve Length: 82 03790759 Del ta: 10-02-33 Chord: 81.93155817 Course In. S 48-04-56 W RP North: 937078 6989 End North: 937447.3301 Curve Length: 102.12446990 De 1 t a: 16 -1 7 - 5 6 Chord:, 101.78102674 Course In: S 33-55-24 W RP North. 937149.4373 End North: 937491 5864 Llne Course: N 46-36-12 W North' 937562.8500 Llne Course: N 07-22-13 E North 937880 6072 Curve Length 187.70992834 Delta: 14-46-24 Chord' 187 19010246 Course In. N 82-37-47 W RP North: 937973.9959 Ilsted courses, radll, and deltas)O Course'S 79-33-34 WO East -0.00016 East : 4271225 3735 Radlus' 739 000000000 Tangent' 143 79897804 Course: S 11-09-37 WO Course Out: N 89-51-04 WO East 4271909 7298 East 4271170.7323 Length: 101.77904875 0 East: 4271170 4678 Radlus' 571.000000010 Tangent. 16 54254595 Course' S 01-48-30 WO Course Out: S 86-31-56 ED East: 4270599 4698 East 4271169 4243 Length: 22.48152381 0 East: 4271151.3752 Length. 35 68010839 0 East : 4271116 7509 Radlus: 245.999999930 Tangent. 24 51459105 Course: N 70-20-10 WO Course Out: S 25-21-17 WO East 4271176.1503 East: 4271070.8079 Radlus' 246.582659870 Tangent 38.02242941 Course. N 55-52-08 WO Course Out: S 42-53-49 WO East: 4271176 4408 East: 4271008.5965 Radlus 468.053359730 Tangent: 41.12359358 Course: N 46-56-20 WO Course Out: N 38-02-23 ED East: 4270660.3160 East: 4270948.7340 Radlus 358 999999950 Tangent: 51 40966949 Course: N 64-13-34 WO Course Out: N 17-37-28 ED East: 4270748 3822 East 4270857 0790 Length: 103.72470316 0 East : 4270781 7111 Length: 320.40448975 0 East 4270822,8130 RadlUS 727.999999990 Tangent 94.37828413 Course: N 00-00-59 WO Course Out. N 82-35-49 ED East 4270100.8278 o o o o o o o o o o o o o o o o o o o o o o o o o o o Date Received~ APR 1 4 2008 " ~ Original Subml'l:t8L End North 938067 7976 East : 4270822 7594 0 Llne Course' S 58-12-24 E Length 500.03839179 0 North 937804.3489 East 4271247.7690 0 Llne Course S 22-10-18 W Length: 59 34904306 0 North' 937749.3883 East : 4271225.3717 0 0 Perlmeter' 1956.77121936 Area: 208,799 sq. ft. 4 793 acresO o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure 0.0018 Course' N 89-47-26 WO Error North: 0.00001 East: -0.00175 0 PreClSlon l' 1,087,096.487166670 o o , ---------------------------------------------------------------------------0 o Parcel name LOT 70 o North 938931 0756 Llne Course. N 01-42-55 E North 938957 9306 Llne Course N 88-16-40 W NQrth 938965 4797 Llne Course. N 24-56-24 W North: 939231.3151 Llne Course N 88-16-40 W North' 939231 9148 Curve Length 50 04442679 Delta: 7-30-22 Chord: 50 00886575 Course In' S 01-43-20 W RP North: 938850.0874 End North: 939230.1426 Curve Length 231.29296203 Delta. 34-41-29 Chord: 227.77650321 Course In' S 05-47-02 E RP North 938850.0874 End North: 939140.6695 Llne Course: S 49-31-29 W North: 939061.7802 Llne Course: S 22-17-10 W North. 939030 8649 Curve Length: 220.35462485 Delta: 15-14-53 Chord. 219 70503321 Course In' S 53-03-54 W RP North' 938533.3125 End North. 938839.2876 Llne Course. S 70-05-18 E North. 938628.2313 Llne Course: N 22-10-18 E North 938649 2607 Curve Length 289 58427151 Delta. 20-27-31 Chord 288.04839035 Course In: N 67-49-42 W RP North: 938955.3186 End North 938931.0746 Llne Course: N 88-50-52 W North. 938931 0746 o Perlmeter' 2179.82124546 East: 4270175 8282 0 Length' 26 86702371 0 East 4270176.6324 Length' 251.18288724 0 East 4269925 5630 Length: 293 17392493 0 East 4269801.9407 Length' 19 95517986 0 East: 4269781 9945 Radlus: 381.999999870 Tangent: 25.05817225 Course: S 87-58-09 WO Course Out: N 05-47-02 WO East: 4269770.5139 East: 4269732.0173 Radlus: 382.000000000 Tangent: 119.31428874 Course' S 66-52-14 WO Course Out: N 40-28-31 WO East: 4269770.5139 East : 4269522.5501 Length: 121 53269678 0 East : 4269430~1019 Length' 33 41104174 0 East: 4269417.4313 Radlus: 828.000000000 Tangent: 110.83227602 Course: S 29-18-40 ED Course Out: N 68-18-47 ED East: : 4268755.5963 East: 4269524.9878 Length 619.71286443 0 East 4270107 6535 Length. 22.70848291 0 East 4270116 2232 Radlus: 811.001122250 Tangent: 146.35045082 Course N 11-56-32 ED Course Out. S 88-17-13 ED East: 4269365.1897 East 4270175 8284 Length' 0 00000648 0 East: 4270175 8284 o o o o o o o o o o o -C o o o o o o o o o Date Received: o Area 249,340 sq. ft 5 724 acresO APR 1 4 2008 o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure 0.0011 Course. S 07-58-04 ED Error North. -0.00109 East 0 00015 0 Preclslon 1 1,981,654.902963640 o Original Submittal o ---------------------------------------------------------------------------0 o Parcel name LOT 8 MAINO o North: 936017.5651 Curve Length: 102.04881959 Delta' 18-44-25 Chord: 101 59470312 Course In. N 46-23-00 E RP North: 936232.7921 End North' 936101.5456 Llne Course. N 24-52-35 W N~rth 936396.1014 Llne Course N 88-16-40 W North' 936410.4494 Llne Course: S 46-43-03 W North 936400.7544 Llne Course S 01-42-46 W North 936122.0277 Curve Length 323.50992502 Delta 20-27-32 Chord' 321.79300952 Course In N 88-17-14 W RP North: 936149.1073 End North: 935807.1984 Llne Course. S 22-10-18 W North: 935479.3451 Curve Length' 247.53426882 Delta. 22-01-22 Chord. 246.01336437 Course In: S 67-49-42 E RP North: 935236.3105 End North: 935237.9840~ Llne Course' S 00-08-56 W North' 935136 2053 Curve Length 102.56793870 Delta. 8-49-26 Chord: 102 46778192 Course In' N 89-51-04 W RP North 935137.9359 End North' 935034.0631 Llne Course. S 08-58-22 W North' 934562.3334 Curve Length 346.13850661 Delta 41-39-52 Chord' 338.56095889 Course In: N 81-01-38 W RP North 934636.5728 End North. 934268.5554 Llne Course S 33-43-23 E North. 934058.6694 Llne Course: S 88-10-40 E North: 934040 8425 Llne Course: N 07-11-26 E North. 934051 6219 Llne Course N 10-48-31 E North' 934104.6990 Lln8 Course: N 16-05-02 E North: 934135.6092 Llne Course N 21-16-03 E North' 934185.3114 Llne Course N 24-05-56 E North' 934241 6718 Lln8 Course N'28-00-30 E North 934295 3625 Llne Course N 32-20-48 E North' 934350.8170 Llne Course: N 22-40-11 E East 4272889 7874 Radlus 312.000000000 Tangent 51.48430113 Course N 34-14-48 WO Course Out S 65-07-25 WO East 4273115.6664 East 4272832.6145 Length. 324 68043364 0 East : 4272696 0338 Length 477 40922631 0 East 4272218.8402 Length. 14.14096405 0 East : 4272208 5459 Length' 278.85128802 0 East: 4272200.2112 RadlU~: 906 000000050 Tangent. 163 49533330 Course: S 11-56-32 WO Course Out S 67-49-42 EO East: 4271294.6160 East 4272133.6240 Length: 354.03133365 0 East: 4272000.0186 Radlus: 643 999999980 Tangent: 125.31380632 Course: S 11-09-37 WO Course Out: N 89-51-04 WD East: 4272596.3995 East 4271952 4017 Length 101.77904873 0 East 4271952.1372 Radlus. 666.000000130 Tangent. 51.38616518 Course S 04-33-39 WD Course Out: S 81-01-38 ED East: 4271286.1394 East: 4271943.9893 Length 477.57403560 0 East: 4271869.5044 Radlus: 476 000000000 Tangent 181 12102242 Course: S 29-48-18 WO Course Out S 39-21-46 ED East 4271399.3294 East 4271701 2221 Length 252.34850038 0 East 4271841.3207 Length: 560.62367245 0 East : 4272401 6609 Length: 10.86486782 0 East : 4272403 0209 Length: 54.03572882 0 East: 4272413 1541 Length: 32.16939346 0 East 4272422.0665 Length: 53.33445557 0 East 4272441 4121 Length: 61.74171307 0 East: 4272466 6220 Length. 60.813110~1 0 East 4272495.1799 Length: 65.64011928 0 East: 4272530.3000 Length' 42.22643203 0 o o o o o o o o o o o o o o o o o o o o o o o ( I o o o Date Received: o o APR 1 4 2008 o o Onginal Submittal o o North: 934389 7810 East 4272546 5748 D Llne Course N 33-03-59 E Length 37.70799856 D North 934421.3818 East : 4272567.1487 D Llne Course' N 29-32-58 E Length. 70 51250651 D North: 934482 7228 East 4272601.9237 D Llne Course N 29-04-33 E Length 47 39087674 0 North 934524.1413 East 4272624.9541 0 Llne Course N 35-38-32 E Le,ngth' 25 29417218 0 North. 934544.6972 East 4272639 6935 0 Llne Course N 33-42-45 E Length 99 16937181 0 North 934627.1896 East 4272694 7351 D Llne Course N 34-18-37 E Length. 49.02932297 D North: 934667 6876 East 4272722 3717 D Llne Course N 31-44-11 E Length. 71 98166399 0 North 934728.9064 East 4272760.2349 D Llne Course: N 39-26-45 E Length. 46 88128743 D North: 934765.1093 East 42727 90.0208 D Llne Course: N 44-01-43 E Length. 49 92557360 D North 934801 0055 East : 4272824.7200 0 Llne Course N 27-25-23 E Length 26 13673097 0 North' 934824.2052 East 4272836.7574 D Llne Course N 41-02-02 E Length' 46.77375462 0 North 934859 . 4'877 East 4272867.4647 D Llne Course N 45-01-30 E Length: 27.34681549 D North 934878 8163 East 4272886.8102 D Llne Course' N 51-00-18 E Length. 22.91577186 0 North 934893 2361 East 4272904.6204 D Llne Course N 50-49-53 E Length 25.74487517 0 North: 934909.4967 East 4272924 5801 0 Llne Course N 29-04-33 E Length: 25.27510847 D North. 934931.5866 East 4272936 8630 D Llne Course: N 25-49-44 E Length' 17 92432613 0 North 934947 7203 East : 4272944 6724 D Llne Course N 38-02-36 E Length: 21. 42631660 D North 934964.5945 East 4272957.8765 0 Llne Course' N 46-46-53 E Length 88.62650394 0 North: 935025.2845 East 4273022.4627 0 Llne Course' N 55-11-56 E Length 43.00526861 0 North 935049.8288 East 4273057 7760 D Llne Course' N 52-40-55 E Length: 52 12591221 0 North 935081.4296 East 4273099.2308 0 Llne Course: N 45-13-47 E Length 49.43031085 0 North' 935116.2417 East 4273134.3232 D Llne Course: N 46-00-58 E Length' 62.73435667 0 North 935159.8079 East 4273179.4627 D Llne Course N 52-52-57 E Length: 41.03093365 D North 935184.5681 East 4273212.1808 D Llne Course. N 56-45-48 E Length: 62.48310019 0 North 935218 8150 East 4273264.4425 0 Llne Course: N 52-47-13 E Length: 27 51490926 0 N6rth' 935235.4555 East 4273286.3552 0 Llne Course: N 54-43-12 E Length: 54.17038812 0 North: 935266.7428 East 4273330.5766 D Llne Course' N 43-43-23 E Length: 13.16341431 0 North: 935276 2559 East 4273339.6748 0 Llne Course N 60-00-12 E Length: 21 98788240 0 North: 935287.2487 East 4273358.7175 D Llne Course. N 49-51-18 E Length 21.31312149 D North: 935300.9898 East 4273375.0096 0 Llne Course' N 47-55-59 E Length. 13.78590900 0 Date Received: North 935310 2264 East 4273385.2437 D Llne Course: N 33-19-21 E Length: 25.80552093 0 North 935331.7892 East 4273399.4200 0 APR 1 4 2008 Llne Course. N 45-01-30 E Length: 13.75841546 D North 935341 5137 East 4273409.1529 D Llne Course' N 55-52-47 E Length. 22 23559589 0 Original Submittal North 935353.9863 East 4273427 5609 0 Llne Course N 49-45-44 E Length. 27.16299946 0 North' 935371.5326 East 4273448.2963 0 Llne Course: N 60-23-24 E Length' 26 52703506 0 North. 935384.6394 East : 4273471.3592 0 Llne Course: N 51-59-28 E Length 31.82888586 0 North' 935404.2391 East : 4273496.4376 0 Llne Course. N 58-01-02 E Length: 51 88577527 0 North: 935431 72il East 4273540 4475 0 Llne Course. N 58-32-56 E Length' 42 79597006 0 North: 935454.0508 East : 4273576 9562 0 Llne Course: N 55-56-46 E Length 1.38948797 0 North 935454 8289 East : 4273578.1074 0 Llne Course: N 22-42-29 W Length: 430 92544204 0 North' 935852.3507 East 4273411 7547 0 Curve Length. 122.52080449 Radlus' 634.999999990 Delta. 11-03-18 Tangent. 61.45135331 0 Chord: 122.33121550 Course: S 61-45-52 WO Course In' N 33-45-47 W Course Out. S 22-42-29 ED RP North. 936380.2535 East : 4273058.8474 0 End North 935794.4762 East : 4273303.9800 0 Llne Course' S 67-17-31 W Length' 268.21790919 0 North: 935690.9345 East 4273056.5534 0 Llne Course: N 24-52-35 w Length: 282.30091811 0 North 935947.0429 East : 4272937.8001 0 Curve Length: 85.69484209 Radlus: 262 000000000 Delta: 18-44-25 Tangent. 43.23350090 0 Chord' 85.31328757 Course. N 34-14-48 WO Course In S 65-07-25 W Course Out: N 46-23-00 ED RP North: 935836 8294 East : 4272700.1091 0 End North: 936017.5649 East : 4272889.7896 0 Llne Course. N 71-44-20 W Length. 0.00039406 0 North 936017.5650 East 4272889.7892 0 0 Perlmeter. 7039.92157964 Area 2,243,824 sq. ft. 51 511 a ere sO o Mapeheck Closure - (Uses llsted courses, radll, and de1tas)0 Error Closure 0.0019 Course: S 87-10-57 ED Error North. -0 00009 East: 0.00187 0 PreClSlon l' 3,705,222.242826320 o o ______________________________________________________---------------------0 o Parcel name. LOT 8 NED o North 936080.0647 Llne Course S 67-17-31 W North' 936001.2704 Llne Course' N 67-42-29 W North: 936010.1712 Llne Course: N 24-52-35 W North. 936207.5403 Curve Length: 92.85814846 Delta: 17-03-09 Chord: 92.51476292 Course In. S 65-07-25 W RP North 936076.2937 End North 936284 7745 Llne Course: N 67-17-31 E North: 936426.7837 Llne Course: S 22-42-29 E North: 936138.8892 Curve Length. 122.66108533 Delta. 12-00-49 Chord: 122 43459112 Course In: N 34-43-18 W RP North' 936619.7175 End North. 936080 0644 o Perlmeter: 1340.59824538 o East: 4273529.2342 0 Length. 204.11138988 0 East 4273340.9448 Length. 23 46471894 0 East 4273319 2337 Length 217.55428599 0 East: 4273227.7169 Radlus 312 000000000 Tangent 46.77431757 Course N 33-24-09 WO Course Out: N 48-04-16 ED East: 4272944.6651 East 4273176.7852 Length 367 86535598 0 East 4273516.1350 Length' 312.08624833 0 East: 4273636.6115 Radlus. 584 999999990 Tangent. 61.55525575 Course S 61-17-07 WO Course Out S 22-42-29 ED East 4273303.4011 East: 4273529.2320 o o o o o o Date Received: o APR 1 4 2008 o o Original S(Jbmlttal____.___ o o Area: 112,822 sq ft. 2.590 acre sO Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure 0 0022 Ccurse S 82-57-26 WO Error North -0.00027 East -0.00222 0 PreClSlon 1. 609,364 196777270 o o ---------------------------------------------------------------------------0 o Parcel name. LOT 8 WESTO o North. 937908.9008 East 4272228 6061 0 Llne Course: S 70-05-18 E Length: 619 71286446 0 North 937697.8446 East 4272811.2718 0 Llne Course S 22-10-18 W Length. 271.97736317 0 North. 937445 9780 East 4272708.6322 0 Llne Course N 58-12-24 W Length: 500 03839179 0 North 937709 4267 East 4272283.6226 0 Curve Length. 179 02396765 RadlUS 728.000000000 Delta. 14-05-23 Tangent. 89.96624097 0 Chord 178.57405578 Course: N 14-26-53 WO Course In S 82-35-49 W Course Out. N 68-30-26 ED RP North 937615.6250 East 4271561.6910 0 End North: 937882.3525 East 4272239.0686 0 Llne Course N 21-30-30 W Length: 28.53536649 0 North. 937908.9008 East 4272228 6065 0 Llne Course N 70-12-04 W Length: 0 00000002 0 North: 937908 9008 East : 4272228.6065 0 o Perlmeter 1599.28879339 Area 118,383 sq. ft. 2 718 acresO o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure 0 0004 Course S 76-54-57 ED Error North. -0.00008 East 0 00035 0 PreClSlon 1: 3,998,219.883950000 o o ---------------------------------------------------------------------------0 Of' Parcel name: LOT 90 o North 936476 5252 East : 4274603.6606 0 Llne ' Course N 24-52-35 W Length 34 53824185 0 North 936507 8589 East 4274589 1317 0 Llne Course' N 24-52-35 W Length 574.56531337 0 North 937029.1146 East : 4274347.4339 0 Llne Course N 42-38-13 E Length 264.89659973 0 North 937223 9885 East : 4274526.8618 0 Llne Course S 33-50-47 E Length: 177 03025875 0 North 937076.9589 East : 4274625.4620 D Llne Course N 42-38-13 E Length 593.52219388 0 North: 937513 5897 East 4275027.4845 0 Llne Course S 55-17-48 E Length 46.85799920 0 North 937486 9122 East 4275066.0070 0 Llne Course S 37-32-39 E Length 94.06580736 0 North 937412 3289 East 4275123 3281 D Llne C:ourse. S 46-04-03 E Length 113 60715342 0 North., 937333.5071 East 4275205 1432 0 Date Received: Llne Course S 50-12-27 E Length 82 29553222 0 North 937280.8372 East 4275268.3764 0 Llne Course S 58-12-25 E Length 19 89113037 0 APR 1 4 2008 North 937270 3575 East 4275285.2830 0 Llne Course N 68-06-39 E Length 77 47008174 0 North 937299 2393 East 4275357 1680 0 Original Submittal Llne Course. N 74-43-23 E Length. 94.52886619 0 North' 937324.1462 Eas"C 4275448.3566 0 Llne Course N 78-12-24 E Length 50 72520719 0 North' 937334.5136 East 4275498 0110 0 Llne Course. N 86-41-53 E Length 59 90945703 0 North 937337.9642 East 4275557.8210 0 Llne Course S 71-14-51 E Length: 82.61559925 D North' 937311 4049 East 4275636.0511 D Llne Course S 49-36-32 E Length. 174 98199271 D North. 937198 0163 East 4275769 3241 D Llne C::ourse' S 19-56-53 E Length. 168 98015584 D North: 937039.1745 East : 4275826.9748 D Llne Course: S 35-50-09 E Length. 202.45818087 D North: 936875.0421 East : 4275945.5069 D Llne Course. S 28-24-20 E Length 534.19037592 D North: 936405.1670 East 4276199.6264 D Llne Course: S 42-03-32 E Length 50.64002815 D North 936367 5689 East 4276233.5498 D Llne Course: S 29-21-12 E Length. 377 40035195 D North: 936038 6217 East 4276418.5492 D Llne Course' S 39-08-09 w Length. 14.61167076 D North: 936027.2882 East : 4276409.3269 D Llne Course S 47-57-29 W Length. 46 22427518 D North 935996.3330 East 4276374.9982 D Llne Course. S 43-52-21 W Length: 13.03582149 D North: 935986.9356 East 4276365.9636 D Llne Course' S 38-23-31 W Length. 19.41976938 D North. 935971.7148 East : 4276353.9032 D Llne Course. S 60-58-00 w Length: 15 24574258 D North 935964 3158 East 4276340.5733 D Llne Course. S 49-53-39 W Length' 46.86231605 D North: 935934.1270 East 4276304.7304 D Llne Course' S 51-42-30 w Length 38.55026520 D North. 935910.2387 East : 4276274.4736 D Llne Course: S 54-35-25 W Length: 13 49942533 D North. 935902 4169 East 4276263 4712 D Llne Course: S 44-24-56 W Length: 28.11644741 D North. 935882.3338 East : 4276243.7937 D Line Course. S 36-59-25 W Length. 28.27178678 D North: 935859.7521 East 4276226.7831 D Llne Course: S 65-54-59 W Length: 8.80688666 D North. 935856.1583 East 4276218.7429 D Llne Course S 57-03-56 W Length: 45.88224627 D North 935831.2130 East : 4276180.2342 D Llne Course: S 60-26-02 W Length. 28.70494880 D North' 935817.0492 East : 4276155.2670 D Llne Course S 6 0 - 1 7 - 0 6_ W Length: 63.69137326 D North. 935785.4783 East 4276099.9509 D Llne Course: S 68-54-35 W Length: 85 42416032 D North 935754 7394 East 4276020.2489 D Llne Course: S 64-31-19 W Length 30 46926591 D North: 935741.6326 East 4275992.7428 D Llne Course S 70-36-01 W Length. 27.36727906 D North: 935732.5424 East 4275966.9293 D Llne Course: S 57-07-03 W Length: 42 83181897 D North 935709.2882 East 4275930.9598 D Llne Course. S 51-28-17 W Length. 65.02643354 D North 935668 7829 East : 4275880.0898 D Llne Course. S 76-51-50 W Length. 29 76618663 D North' 935662 0181 East 4275851.1025 D Llne Course' S 69-24-19 W Length' 63.42220899 D North: 935639 7090 East 4275791. 7335 D Llne Course: S 67-22-23 W Length: 37.36446680 D Date Received: North: 935625.3337 East : 4275757.2450 D Llne Course S 70-37-25 W Length. 28 03620914 D North' 935616 0321 East 4275730.7967 D APR 1 4 2008 Llne Course' S 66-04-22 W Length: 15 89443481 D North: 935609.5857 East : 4275716.2683 D Llne Course: S 72-53-22 W Length 40.95608868 D North: 935597.5358 East : 4275677.1249 D Origina\ submittal- Llne Course' S 69-14-40 W Length 19.68554333 D North. 935590.5596 East 4275658.7170 D Llne Course: S 53-51-57 W Length: 34.05758839 0 North' 935570.4765 East 4275631.2108 D Llne Course. S 50-24-05 W Length: 25 53767469 D Llne North 935554.1987 Course' S 61-18-56 W North 935534.4439 Course S 60-35-39 W North 935520 4915 Course. S 63-18-20 W North 935504 2137 Course: S 55-56-46 W North. 935480 6807 Course: N 22-42-29 W North' 935878.2025 Course N 22-42-29 W North 935925.2757 Course. N 22-42-29 W North 936213 1702 Course N 67-17-31 E North 936217 1476 Course' N 68-03-45 E North 936224.7509 Course N 25-57-14 W North 936381 8297 Course N 33-09-02 E North 936438 5609 Course N 22-25-42 W North 936532.6519 Course N 67-17-51 E North: 936606.3180 Course N 24-52-35 W North. 936742.6159 Course S 67-18-25 W North' 936476.5275 Llne Llne Llne Llne Llne Llne Llne Llne Llne Llne Llne Llne Llne Llne o Perlmeter: 7179 53482538 East 4275611 5332 Length: 41 15703848 0 East 4275575 4271 Length' 2841670907 0 East 4275550.6715 Length 36.23472165 0 East 4275518.2989 Length 42.02523476 0 East 4275483.4805 Length: 430 92544204 0 East 4275317 1279 Length 51.02875510 0 East 4275297 4290 Length' 312.08624833 0 East: 4275176 9525 Length 10.30308971 0 East 4275186 4569 Length 20 35172654 0 East 4275205 3350 Length: 174 69764149 0 East 4275128 8790 Length 67.76006739 0 East 4275165 9330 Length. 101 79074072 0 East 4275127 0970 Length: 190.87137132 0' East: 4275303.1799 Length' 150.23734321 0 East: 4275239.9808 Length' 689 71583416 0 East 4274603.6594 o o o o o o o o o o o o o o o o Area 1,970,433 sq ft. 45.235 acresO o Mapcheck Closure - (Uses Error Closure 0.0027 Error North' 0.00236 PreClSlon 1. 2,659,086.972359260 o o ______________________________________________________---------------------0 o Parcel name' LOT 100 o llsted courses, radll, and deltas)O Course. N 27-37-14 WO East : -0 00124 o North 938785.2489 East 4270964.4528 , 0 Llne Course S 90-00-00 E Length: 170.77960738 0 North 938785.2489 East 4271135.2324 0 Llne Course N 01-41-36 E Length: 277.22533952 0 North 939062.3532 East 4271143 4244 0 Llne Course: N 88-16-40 W Length. 170.27377910 0 North, 939067 4706 East 4270973 2275 0 Llne Course S 01-46-43 W Length 277.06296534 0 North 938790.5411 East 4270964 6282 0 Llne Course: S 01-54-03 W Length 5.29540348 0 North 938785.2486 East 4270964 4525 0 0 Perlmeter' 900 63709481 Area: 47,699 sq ft 1 095 acre sO o Mapcheck Closure - (Uses llsted courses, radll, and deltas)O Error Closure. 0.0004 Course. S 44-03-55 WO Error North -0 00030 East -0 00029 0 PreClSlon 1 2,251,592,737050000 o o Date Received: APR 1 4 2008 Original Submittal East 4271550.8339 o ---------------------------------------------------------------------------0 o Parcel name' LOT 110 o North: 939239.2023 " Llne Course: N 24-50-56 W Length 40.38671872 0 North 939275.8500 East 4271533.8623 0 Llne Course S 88-13-23 E Length 338 60565401 0 North 939265 3503 East 4271872 3052 0 Llne Course: N 01-56-33 E Length: 65.02133335 0 North. 939330 3342 East 4271874 5092 0 Llne Course N 01-54-03 E Length: 150.90455719 0 Nortn: 939481 1558 East 4271879 5146 0 Llne Course S 90-00-00 E Length 170 77960738 0 North: 939481 1558 East 4272050.2942 0 Llne Course. S 88-13-23 E Length 137 31398164 0 North 939476 8979 East 4272187 5422 0 Llne Course: S 24-56-24 E Length' 276 88382439 0 North. 939225 8335 East 4272304 2955 0 Curye Length 319.27802517 RadlUS 458 000000000 Delta 39-561..30 Tangent 166.43463739 0 Chord: 312 85265977 Course. S 69-29-44 WO Course In: S 00-32-01 E Course Out. N 40-28-31 WO RP North. 938767 8534 East : 4272308.5609 0 End North' 939116 2476 East : 4272011.2640 0 Llne Course: S 49-31-29 W Length: 121.77394718 0 North. 939037 2017 East 4271918 6323 0 Llne Course: S 76-08-23 W Length: 32 91777068 0 North 939029 3161 East : 4271886 6730 0 Curve Length. 399 91714535 RadlUS' 826.500000000 Delta 27-43-25 Tangent 203 95463647 0 Chord 396.02935843 Course N 57-59-46 WO Course In: S 45-51-56 W Course Out N 18-08-31 EO RP North. 938453 7875 East 4271293 4875 0 End North' 939239.2005 East : 4271550 8366 0 Llne Course: N 83-15-45 W Length. 0.00010904 0 North 939239 2005 East 4271550.8365 0 o Perlmeter: 2053.78533248 Area. 163,306 sq ft. 3 749 acre sO o Mapcheck Closure - (Uses llsted courses, radll, and de1tas)0 Error Closure: 0.0031 Course. S 55-44-16 EO Error North -0 00173 East: 0.00255 0 PreClSlon 1: 662,510.540032260 o o ---------------------------------------------------------------------------0 o Parcel name: LOT 120 o North: 938377.6299 East 4272057 5099 0 Llne Course: N 88-16-40 W Length 251.18288724 0 North 938385 1789 East 4271806.4405 0 Llne Course. N 24-56-24 W Length 293 17392493 0 Nortn: 938651 0143 East 4271682.8182 0 Llne Course S 88-16-40 E Length. 372 69569311 0 North 938639.8134 East 4272055 3455 0 Llne Course S 43-16-57 E Length. 14 14119837 0 North 938629 5188 East 4272065.0407 0 Llne Course: S 01-42-46 W Length' -252.00149464 0 Nor t h: ,'938 377 . 62 99 East 4272057.5086 0 Llne Course' S 88-16-40 E Length. 0.00115976 0 North 938377 6299 East 4272057.5097 0 Date Received: APR 1 4 2008 o Original Submittal Perlmeter. 1183.19635805 Area: 82,988 sq ft. 1 905 acresO o Mapcheck Closure - (Uses Error Closure: 0.0002 Error North: -0 00000 PreClSlon 1 5,915,981 llsted courses, radll, and deltas)O Course. S 89-11-11 WO East . -0 00023 0 790250000 outbounds recalc - and gore 12-\ ~ ~\?kN \) ?t{- l\ -?-;rJU!N.'OAJ2Y L\: / \ \ I DB --------------------------------------------------------------------------- parcel name: GORE IN CENTER OF OUT North: 876398.6225 East : 4369714.8208 Line Course: 5 67-18-25 W Length: 689.71583416 North: 876132.5341 East 4369078.4995 11 ne Course: 5 24-52-35 E Length: 464.58642745 North: 875711. 0532 East 4369273.9333 11 ne Course: N 67-17-31 E Length: 27.13014752 North: 875721. 5264 East 4369298.9604 11 ne Course: N 67-17-31 E Length: 382.47993081 North: 875869.1774 East 4369651. 7920 11 ne Course: N 67-17-31 E Length: 10.30308971 North: 875873.1547 East 4369661. 2964 Line Course: N 68-03-45 E Length: 20.35172654 North: 875880.7580 East 4369680.1745 Llne Course: N 25-57-14 W Length: 174.69764149 North: 876037.8368 East 4369603.7185 Line Course: N 33-09-02 E Length: 67.76006739 North: 876094.5680 East 4369640.7725 Line course: N 22-25-42 W Length: 101. 79074072 North: 876188.6590 East 4369601. 9365 Line Course: N 67-17-51 E Length: 190.8713 7132 North: 876262.3251 East 4369778.0194 Line Course: N 24-52-35 W Length: 150.23734321 North: 876398.6231 East 4369714.8203 Perl meter: 2279.92432033 Area: 248,247 sq. ft. 5.699 acres Mapcheck closure - (uses listed courses, radil, and deltas) Error Closure: 0.0008 Course: N 46-18-57 W Error North: 0.00055 East: -0.00058 Preclsion 1: 2,849,905.40040000 parcel name: Lots 1 and 2 --------------------------------------------------------------------------- North: 913163.7861 Line course: 5 01-49-36 E North: 913070.5935 Llne Course: 5 53-07-05 E North: 913055.4717 Curve Length: 31.75273388 Delta: 5-31-17 Chord: 31.74053169 course In: 5 04-54-22 W RP North: 912727.1789 End North: 913051.2372 Curve ~ength: 157.52836887 Delta: 26-58-45 Chord: 156.07764767 Course In: 5 07-01-20 W RP North: 912719.2029 End North: 912996.5477 Llne Course: 5 56-22-10 E North: 912950.0008 Curve Length: 109.14125589 Delta: 25-00-48 East: 4295193.2112 Length: 93.23996762 East: 4295196.1833 Length: 25.19591461 East: 4295216.3369 Radlus: 329.50000007 Tangent: 15.88870615 Course: 5 82-19-59 E 'I', Course Out: N 10-25-39 E East: 4295188.1570 East: 4295247.7936 Radlus: 334.54371669 Tangent: 80.25282758 Course: 5 69-29-18 E Course Out: N 34-00-05 E East: 4295206.8942 East: 4295393.9753 84.04461826 ' . East: 4295463.9531 Radlus: 250.00000000 Tangent: 55.45431446 page 1 I I I I Length: I I ! -' Date Received: APR 1 4 2008 Original Submittal .11" outbounds recalc - and gore chord: 108.27684587 Course: s 65-07-26 E Course In: N 37-22-58 E Course Out: S 12-22-10 w RP North: 913148.6501 East 4295615.7373 End North: 912904.4534 East 4295562.1837 L1 ne Course: N 46-16-21 E Length: 59.33322270 North: 912945.4663 East 4295605.0600 L1 ne Course: N 07-22-10 E Length: 235.11414467 North: 913178.6383 East 4295635.2173 Line Course: N 07-22-10 E Length: 113.62718406 North: 913291. 3269 East 4295649.7919 Curve Len1th: 239.69479282 Radius: 599.99999999 De ta: 22-53-21 Tangent: 121.46644954 chord: 238.10273706 Course: N 04-04-31 w Course In: N 82-37-50 w Course Out: N 74-28-49 E RP North: 913368.2869 East 4295054.7481 End North: 913 528.8290 East 4295632.8711 Curve Length: 687.25734447 Radlus: 727.00000000 Delta: 54-09-49 Tangent: 371. 73474143 chord: 661. 95308529 Course: N 42-36-06 w Course In: S 74-28-49 W Course Out: N 20-19-00 E RP North: 913334.3055 East 4294932.3787 End North: 914016.0774 East 4295184.7993 Line Course: S 50-32-40 W Length: 25.19246761 North: 914000.0681 East 4295165.3477 Line Course: s 02-24-36 E Length: 5.05723339 North: 913995.0153 East 4295165.5604 Curve Len1th: 87.06497403 Radius: 40.00000000 De ta: 124-42-41 Tangent: 76.36919882 chord: 70.86763413 Course: S 12-35-48 E Course In: S 15-02-52 W Course Out: S 40-14-27 E RP North: 913956.3869 East 4295155.1754 End North: 913925'.8535 East 4295181.0155 Curve Length: 23.48165976 Radlus: 35.00000000 Delta: 38-26-24 Tangent: 12.20197310 Chord: 23.04371073 Course: s 30-32-21 W Course In: S 40-14-27 E Course Out: N 78-40-51 W RP North: 913899.1368 East : 4295203.6255 End North: 913906.0064 East 4295169.3063 Line Course: s 02-24-36 E Length: 192.37249140 North: 913713.8040 East 4295177.3956 Line Course: s 01-07-36 E Length: 110.62047150 North: 913603.2049 East 4295179.5707 L 1 ne Course: s 88-16-40 E Length: 425.57700822 North: 913590.4147 East 4295604.9555 Line Course: S 02-06-16 E Length: 411. 59761574 North: 913179.0947 East 4295620.0698 Llne Course: N 88-16-40 W Length: 427.60433020 North: 913191. 9458 East 4295192.6587 Line Course: S 01-07-36 E Length: 28.16481048 North: 913163.7865 East : 4295193.2125 peri meter: 3572.66428982 Area: 215,888 sq. ft. 4.956 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error closure: 0.0013 course: N 72-46-11 E Error North: 0.00040 East: 0.00128 precision 1: 2,748,202.00783077 _________________________________________________________________~~t~_~_~ceived: Parcel name: lots 4-12 APR 1 4 2008 Page 2 Original Submittal outbounds recalc - and gore North: 912244.4743 East 4302641. 3514 II ne Course: 5 21-30-30 E Length: 28.53536651 North: 912217.9260 East 4302651.8135 Curve Len1th: 179.02396765 Radlus: 728.00000000 De ta: 14-05-23 Tangent: 89.96624097 chord: 178.57405578 Course: S 14-26-53 E Course In: 5 68-30-26 w Course Out: N 82-35-49 E RP North: 911951.1985 East 4301974.4359 End North: 912045.0002 East 4302696.3675 Curve Len1'th: 187.70992834 Radlus: 728.00000000 De ta: 14-46-24 Tangent: 94.37828413 Chord: 187.19010246 Course: S 00-00-59 E course In: 5 82-35-49 w Course Out: 5 82-37-47 E RP North: 911951.1985 East 4301974.4359 End North: 911857.8099 East 4302696.4210 Line Course: 5 07-22-13 w Length: 320.40448975 North: 911540.0526 East 4302655.3192 II ne Course: 5 46-36-12 E Length: 103.72470316 North: 911468.7890 East : 4302730.6871 Line Course: 5 17-52-01 w Length: 106.99773275 North: 911366.9516 East : 4302697.8593 Line Course: 5 55-59-52 w Length: 73.81204339 North: 911325.6741 East 4302636.6680 Line Course: 5 07-22-10 w Length: 349.59274576 North: 910978.9691 East 4302591.8269 Line Course: 5 09-36-24 W Length: 461.06599314 North: 910524.3688 East 4302514.8826 Line Course: 5 40-54-42 E Length: 71.68440717 North: 910470.1954 East 4302561. 8283 Line Course: 5 03-50-47 W Length: 97.43805269 North: 910372.9769 East 4302555.2920 II ne Course: 5 03-43-52 W Length: 2.80525080 North: 910370.1776 East : 4302555.1095 Llne Course: 5 57-12-51 W Length: 54.29944605 North: 910340.7744 East 4302509.4599 Line course: 5 11-02-22 W Length: 20.84667445 North: 910320.3135 East : 4302505.4681 Curve Len1'th: 151. 23022512 Radlus: 1320.58223967 De ta: 6-33-41 Tangent: 75.69758950 chord: 151.14706766 Course: S 01-19-18 W Course In: 5 85-23-52 E Course Out: S 88-02-27 W RP North: 910214.3531 East 4303821.7924 End North: 910169.2061 East : 4302501. 9821 Curve Len1'th: 93.38727647 Radlus: 1396.94745712 De ta: 3-49-49 Tangent: 46.71030190 Chord: 93.36842262 Course: 5 05-43-53 E Course In: N 86-11-01 E Course Out: S 82-21-12 W RP North: 910262.1859 East : 4303895.8318 End North: 910076.3030 East : 4302511.3067 II ne Course: 5 37-29-22 E Length: 3.97897289 North: 910073.1458 East : 4302513.7284 Line Course: 5 06-41-41 E Length: 20.70755976 North: 910052.5794 East : 4302516.1425 Line Course: 5 03-31-04 W Length: 26.35297563 North: 910026.2761 East 4302514.5255 L 1 ne Course: 5 88-10-40 E Length: 940.75385973 North: 909996.3616 East 4303454.8036 Date Received: Line Course: 5 88-10-40 E Length: 129.06932193 North: 909992.2574 East : 4303583.8077 Line Course: N 00-00-21 E Length: 50.08216712 APR 1 4 2008 North: 910042.3396 East : 4303583.8128 llne Course: N 01-09-27 E Length: 89.45216997 North: 910131.7735 East : 4303585.6198 Original Submittal Page 3 outbounds recalc - and gore Llne Course: N 00-10-09 w Length: 94.73362731 North: 910226.5067 East 4303585.3401 Line Course: N 07-11-26 E Length: 36.79906324 North: 910263.0164 East 4303589.9462 Line ~ourse: N 10-48-31 E Length: 54.03572881 North: 910316.0935 East 4303600.0795 Line Course: N 16-05-02 E Length: 32.16939347 North: 910347.0036 East 4303608.9918 Llne Course: N 21-16-03 E Length: 53.33445557 North: 910396.7059 East 4303628.3374 Llne Course: N 24-05-56 E Length: 61. 74171307 North: 910453.0663 East 4303653.5474 Line Course: N 28-00-30 E Length: 60.81311002 North: 910506.7569 East 4303682.1052 Llne Course: N 32-20-48 E Length: 65.64011927 North: 910562.2114 East 4303717.2253 Llne cours'e: N 22-40-11 E Length: 42.22643203 North: 910601.1755 East 4303733.5002 Line Course: N 33-03-59 E Length: 37.70799857 North: 910632.7763 East 4303754.0741 Line Course: N 29-32-58 E Length: 70.51250658 North: 910694.1173 East 4303788.8490 Line Course: N 29-04-33 E Length: 47.39087665 North: 910735.5358 East 4303811.8794 Llne Course: N 35-38-32 E Length: 25.29417220 North: 910756.0917 East : , 4303826.6189 Line Course: N 33-42-45 E Length: 99.16937177 North: 910838.5841 East 4303881.,6605 Llne Course: N 34-18-37 E Length: 49.02932299 North: 910879.0821 East 4303909.2970 Llne Course: N 31-44-11 E Length: 71.98166400 North: 910940.3009 East 4303947.1602 Line Course: N 39-26-45 E Length: 46.88128743 North: 910976.5038 East 4303976.9462 Line Course: N 44-01-43 E Length: 49.92557360 North: 911012.4000 East 4304011.6453 Line Course: N 27-25-23 E Length: 26.13673097 North: 911035.5997 East 4304023.6828 Llne Course: N 41-02-02 E Length: 46.77375462 North: 911070.8822 East 4304054.3900 Line Course: N 45-01-30 E Length: 27.34681549 North: 911090.2108 East 4304073.7356 Llne Course: N 51-00-18 E Length: 22.91577203 North: 911104.6306 East' : 4304091. 5457 L:lne Course: N 50-49-53 E Length: 25.74487500 North: 911120.8912 East 4304111.5055 L 1 ne Course: N 29-04-33 E Length: 25.27510848 North: 911142.9811 East 4304123.7884 Line .Course: N 25-49-44 E Length: 17.92432612 North: 911159.1148 East 4304131.5977 Llne Course: N 38-02-36 E Length: 21. 42631660 North: 911175.9890 East : 4304144.8018 Llne Course: N 46-46-53 E Length: 88.62650394 North: 911236.6790 East 4304209.3881 Llne Course: N 55-11-56 E Length: 43.00526860 North: 911261. 2233 East 4304244.7013 Date Received: Llne Course: N 52-40-55 E Length: 52.12591221 North: 911292.8241 East 4304286.1562 Line Course: N 45-13-47 E Length: 49.43031087 APR 1 4 2008 North: 911327.6362 East 4304321. 2485 L 1 ne Course: N 46-00-58 E Length: 62.73435664 North: 911371. 2024 East 4304366.3881 Original Submittal Llne Course: N 52-52-57 E Length: 41. 03093366 page 4 outbounds recalc - and gore North: 911395.9626 East 4304399.1062 Ll ne Course: N 56-45-48 E Length: 62.48310019 North: 911430.2095 East 4304451. 3679 Ll ne Course: N 52-47-13 E Length: 27 51490928 North: 911446.8500 East 4304473.2805 Ll ne Course: N 54-43-12 E Length: 54.17038810 North: 911478.1373 East 4304517.5019 Line Course: N 43-43-23 E Length: 13 .16341431 North: 911487.6504 East 4304526.6001 Line Course: N 60-00-12 E Length: 21.98788240 North: 911498.6432 East 4304545.6428 Llne Course: N 49-51-18 E Length: 21. 31312148 I North: 911512.3843 East 4304561. 9349 Line Course: N 47-55-59 E Length: 13.78590901 North: 911521. 6209 East 4304572.1691 Line Course: N 33-19-21 E Length: 32.55984577 North: 911548.8276 East 4304590.0559 L 1 ne Course: N 55-52-47 E Length: 29.51024161 North: 911565.3808 East 4304614.4863 Line Course: N 49-45-44 E Length: 27.16299946 North: ~11582. 9271 East 4304635.2217 Ll ne Course: N '60-23-24 E Length: 26.52703506 North: 911596.0339 East 4304658.2845 Line Course: N 51-59-28 E Length: 31. 82888586 North: 911615.6336 East 4304683.3630 Line Course: N 58-01-02 E Length: 51. 88577528 North: 911643.1157 East 4304727.3729 Llne Course: N 58-32-56 E Length: 42.79597006 North: 911665.4454 East . 4304763.8815 Line Course: N 55-56-46 E Length: 43.41472272 North: 911689.7564 East 4304799.8511 Line Course: N 63-18-20 E Length: 36.23472164 North: 911706.0342 East 4304832.2237 Line Course: N 60-35-39 E Length: 28.41670910 North: 911719.9866 East 4304856.9793 Llne Course: N 61-18-56 E Length: 41.15703846 North: 911739.7414 East 4304893.0854 Line Course: N 50-24-05 E Length: 25.53767469 North: 911756.0192 East 4304912.7630 Line Course: N 53-51-57 E Length: 34.05758839 North: 911776.1022 East 4304940.2692 Line Course: N 69-14-40 E Length: 19.68554333 North: 911783.0784 East 4304958.6771 Line Course: N 72-53-22 E Length: 40.95608869 North: 911795.1284 East 4304997.8205 Llne Course: N 66-04-22 E Length: 15.89443481 North: 911801. 5748 East 4305012.3490 Line Course: N 70-37-25 E Length: 28.03620914 North: 911810.8764 East 4305038.7972 Llne Course: N 67-22-23 E Length: 37.36446679 North: 911825.2516 East 4305073.2857 L 1 ne course: N 69-24-19 E Length: 63.42220899 North: 911847.5607 East : ' 4305132.6547 Cine Course: N 76-51-50 E Length: 29.76618663 North: 911854.3256 East 4305161. 6420 Line Course: N 51-28-17 E Length: 65.02643354 North: 911894.8309 East 4305212.5120 Date Received: Line Course: N 57-07-03 E Length:. 42.83181897 North: 911918.0850 East 4305248.4815 Llne Course: N 70-36-01 E Length: 27.36727907 APR 1 4 2008 North: 911927.1753 East 4305274.2950 Line Course: N 64-31-19~ E Length: 30.46926591 North: 911940.2821 East 4305301. 8012 Original Submittal page 5 / Line outbounds recalc - and gore Course: N 68-54-35 E Length: 85.42416032 North: 911971. 0210 East 4305381. 5031 Ll ne Course: N 60-17-06 E Length: 63.69137337 North: 912002.5919 East . 4305436.8192 Llne Course: N 60-26-02 E Length: 28.70494868 North: 912016.7557 East 4305461.7864 Line course: N 57-03-56 E Length: 45.88224628 North: 912041.7009 East 4305500.2951 L 1 ne Course: N 65-54-59 E Length: 8.80688666 North: 912045.2948 East 4305508.3353 Llne Course: N 36-59-25 E Length: 28.27178678 North: 912067.8765 East 4305525.3459 Llne Course: N 44-24-56 E Length: 28.11644741 North: 912087.9596 East 4305545.0234 Llne Course: N 54-35-25 E Length: 13.49942533 North: 912095.7814 East 4305556.0258 Line Course: N 51-42-30 E Length: 38.55026519 North: 912119.6697 East 4305586.2826 Line Course: N 49-53-39 E Length: 46.86231606 North: 912149.8584 East 4305622.1255 L 1 ne Course: N' 60- 58-00 E Length: 15.24574257 North: 912157.2575 East 4305635.4554 Line Course: N 38-23-31 E Length: 25.00835945 North: 912176.8585 East 4305650.9866 Line Course: N 47-57-29 E Length: 53.71609396 North: 912212.8308 East 4305690.8791 Line Course: N 39-08-09 E Length :- 14.61167076 North: 912224.1644 East 4305700.1014 Line Course: N 29-21-12 w Length: 377 .40035195 North: 912553.1116 East 4305515.1020 Line Course: N 42-03-32 W Length: 50.64002815 North: 912590.7096 East 4305481.1786 Line Course: N 28-24-20 W Length: 534.19037592 North: 913060. 5848 East 4305227.0591 L 1 ne Course: N 35-50-09 W Length: 202.45818087 North: 913224.7172 East 4305108.5270 Line Course: N 19-56-53 W Length: 168.98015584 North: 913383.5589 East 4305050.8764 Line Course: N 49-36-32 W Len~th: 174.98199271 North: 913496.9476 East 4304917.6033 Line Course: N 71-14-51 W Length: 82.61559925 North: 913523.5069 East 4304839.3732 Llne Course: 5 86-41-53 W Length: 59.90945703 North: 913520.0562 East 4304779.5632 L 1 ne Course: 5 78-12-24 W Length: 50.72520719 North: 913509.6889 East 4304729.9088 Line course: 5 74-43-23 W Length: 94.52886619 North: 913484.7820 East 4304638.7202 Line Course: 5 68-06-39 W Length: 77.47008174 North: 913455.9002 East 4304566.8352 Line Course: N-58-12-25 W Length: 19.89113037 North: 913466.3799 East 4304549.9286' Llne Course: N 50-12-27 W Length: 82.29553222 North: 913519.0498 East 4304486.6954 Line Course: N 46-04-03 W Length: 113.60715342 North: 913597.8716 East 4304404.8804 Date Received: Line Course: N 37-32-39 W Length: 94.06580736 North: 913672.4549 East 4304347.5592 Line course: N 55-17-48 W Length: 46.85799920 APR 1 4 2008 North: 913699.1324 East 4304309.0367 Llne Course: 5 42-38-13 W Length: 593.52219388 North: 913262. 5016 East 4303907.0142 Original Submittal Line Course: N 33-50-47 W Length: 177.03025875 page 6 outbounds recalc - and gore North: 913409.5312 East 4303808.4140 Llne Course: S 42-38-13 w Length: 264.89659973 North: 913214.6572 East 4303628.9861 Ll ne Course: S 24-52-35 E Length: 574.56531337 North: 912693.4016 East 4303870.6839 Llne Course: N 88-16-40 w Length: 556.14937969 North: 912710.1160 East 4303314.7858 Line Course: S 75-24-41 w Length: 33.82613800 North: 912701.5960 \ East : 4303282.0502 Line Course: N 88-16-40 w Length: 381.59072380 North: 912713.0643 East: 4302900.6319 Curve Lenqth: 18.03224732 Radius: 457.99999985 De ta: 2-15-21 Tangent: 9.01741580 Chord: 18.03133708 Course: N 89-24-20 w Course In: S 01-43-20 w Course Out: N 00-32-01 w RP North: 912255.2712 East 4302886.8672 End North: 912713.2513 East 4302882.6018 Llne Course: N 24-56-24 w Length: 27.67086899 North: 912738.3419 East 4302870.9338 Line Course: N 24-56-24 w, Length: 249.21295540 North: 912964.3157 East 4302765.8484 Llne Course: N 88-13-23 w Length: 137.31398164 North: 912968.5736 East 4302628.6005 Llne Course: N 01-41-36 E Length: 277 .22533952 North: 913245.6779 East 4302636.7925 Llne Course: N 88-16-40 w Length: 170.27377910 North: 913250.7953 East 4302466.5956 Ll ne Course: S 01-46-43 w Length: 277 .06296563 North: 912973.8658 East 4302457.9962 Line Course: S 01-54-03 w Length: 5.29540318 North: 912968.5733 East 4302457.8206 Llne Course: S 01-54-03 w Length: 150.90455719 North: 912817.7518 East 4302452.8151 Llne Course: s 01-56-33 w Length: 65.02133335 North: 912752.7678 East 4302450.6111 Llne Course: N 88-13-23 w Length: 338.59301650 North: 912763.2671 East 4302112.1809 Line Course: S 24-50-56 E Length: 40.38673386 North: 912726.6194 East 4302129.1525 Curve Len1th: 399.91714535 Radius: 826.50000000 De ta: 27-43-25 Tangent: 203.95463647 Chord: 396.02935843 course: s 57-59-46 E Course In: S 18-08-31 W Course Out: N 45-51-56' E RP North: 911941.2063 East 4301871. 8034 End North: 912516.7350 East 4302464.9889 Llne Course: N 76-08-23 E Length: 32.91777068 North: 912524.6206 East 4302496.9482 Llne Course: S 40-39-26 E Length: 76.00038291 North: 912466.9651 East 4302546.4649 Line Course: S 22-17-10 W Length: 33.41104175 North: 912436.0498 East 4302533.7944 Curve Len~th: 220.35462485 Radlus: 828.00000001 De, ta: 15-14-53 Tangent: 110.83227602 Chord: 219..70503321 Course: S 29-18-40 E course In: S 53-03-54 W course Out: N 68;-18-47 E RP North: 911938.4975 East 4301871. 9593 End North: 912244.4725 East 4302641. 3508 Line Course: N 67-07-35 W Length: 0.00000002 North: 912244.4725 East 4302641. 3508 Date Received: APR 1 4 2008 Original Submittal Perlmeter: 14007.35212649 Area: 6,528,869 sq. ft. 149.882 acres '- Mapcheck Closure - (uses listed courses, radll, and deltas) page 7 Error_Closure: 0.0019 Error North: -0.00185 ~ PreC1Slon 1: 7,372,289.99866842 outbounds recalc - and gore Course: S 17-41-27 W East: -0.00059 Date Received: APR 1 4 2008 Original Submittal Page 8 if' DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DECLARANT: PEACEHEAL TH, a Washington non-profit corporation 'SITE NAME: RIVERBEND CAMPUS SITE ADDRESS: City of Springfield, Oregon AFTER RECORDING RETURN TO: PEACEHEALTH 1255 Hilvard Street .. Eugene, OR 97401 Attention: Chief Financial Officer SP ACE BELOW TIllS LINE FOR USE OF COUNTY RECORDER'S OFFICE D1VislQn of Chief Deputy Clerk Lane County Deeds and Records ~~~~[$~1~1~~ 11 r r 1 11111 i 11111 ! , I I' IJ fl $256 .00 00988~94210301197430470474 04/08/2008 03:50:21 PM RPR-REST Cni=l Stn;6 CRSHIER 07 $235.00 $10.00 $11.00 Date Received: APR 1 4 2008 Original Submittal 't DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERBEND These Covenants, CondItions and RestnctlOns ("CC&Rslt) are made thIS day of Apnl 7, 2008 ("EffectIve DClte"), by PeaceHealth, a Washington non-profit corporatIOn ("PeaceHealth"). RECITALS PeaccHealth owns certain real property m Lane County, Oregon, more particularly described on the attached Exhibit A (the "Property"). PeaceHealth plans to develop the Property as a mixed-use hospItal campus, mcluding hospItal facIlities, offices, retail and other uses. In order to enhance the value of the Property, PeaceHealth desIres to establish certam design and development standards for the Property. NOW, THEREFORE, PeaceHealth subjects thc Property to the Covenants, CondItIOns and RestnctlOns set forth below, smd CC&Rs to run wIth the Propetty and bind PeaceHealth, Owners, Occupants and theIr heirs, successors, and assigns~ 1. DEFINED TERMS Throughout these CC&Rs, the followmg terms, when capitalIzed, shall have the followmg meanmgs, except when the context reqUIres otherwIse' 1.1 Association "ASSOCiatIOn" means the RlverBend Tenants' AssociatIon formed pursuant to Section 3. 1.2 Board "Board" means the Board of DIrectors of thc AssocIation formed pursuant to Section 3.5. 1.3 Business Day _ '/ "Bus1l1ess Daylt means Monday through Fnday and shall exclude Saturday, Sunday and State or Federal Legal HolIdays. ' Date Received: APR 1 ~ 2008 PACJ!C 2 I/R1VC' Hcnd CCRs AS RLCORD! D 2008.4-8 dOl] Original submittal on...... 1.4 Common Areas "Com{uon Areast! means the areas within the Property which are designated for the common use and benefit of a11 Owners and Occupants. The Common Areas incorporate all Common Area Improvements, to the extent not dedicated to a publIc entlty, located wIthm the Common Areas mc1udmg, by way of illustratIOn, but not by way of limItatIOn, the following: publIc nght-of-way landscapmg, mcluding, but not lImIted to, tree wells or street trees; sIdewalks, dIainage dItches; irrigation; any public trail system; entry monuments; directIOnal sIgnage and all other general purpose slgnage; and related lightmg systems and fixtures. Attached heIeto as Exhibit C IS a map delmeatmg the Common Areas. The Common Areas may be modIfied from time to tIme as provIded 111 Section 7.2 1.5 Designated V otcr "DeSIgnated V otert! means that mdlvldual named m a wntten notIce given by an Owner to the Secretary which notice sets forth (a) the address of the DesIgnated Voter for such Owner, and (b) the number of votes whICh shall' be voted by such Designated V oteL 1.6 Development Plans t!Development Plans" means plans for the development of any Third-Party I mprovcmcnts. 1.7 Development Standards "Development Standards" means the standards for Improving the Property, attached bereto as Exhibit B. 1.~ Director "DIrector" means a member of the Board. 1.9 Environmental Cost "Environmental Cost" includes, but is not hmited to, costs and damages ansmg from or relating to' (a) any vlOlatlO11 of, or noncompliance wIth, any applIcable EnVIronmental Laws; (b) claims f01: damages, response costs, audIt costs, fines, fees or other relIef rei atm g to matters addressed 111 any applIcable Environmental Laws; (c) injunctive relief relatmg to matters addressed 1ll any applicable Environmental Laws, and (d) Hazardous Substance Releases Costs and damages as used 111 thIS Sectlon shall include, but are not limited to: (i) costs of evaluation, assessment, testing, analysis, cleanup, remediation, removal, disposal, monitoring and mamtenance, (ii) fees of attorneys, engineers, cons~1tants, and experts, whether or not taxable as costs mcurrcd at, Date Received: "'.... r \ APR 1 4 2008 , PAC,I 3 [/RIYCI l3end (CR\ AS RLCORI)[J) 2008A-8 do~ h Original Subm!tt8J before or after trial, appeal or administratIve proceedings; and (l1i) loss or restriction of use of property. 1.10 Environmental Laws "EnvIronmental LawsII' shall mean any and all federal, State of Oregon and local laws, regulations, mles, penmt terms, codes and ordmances now or hereafter in effect, as the same may be amended from time to time, and applicable decisIonal la,w, which govern materials, substances, regulated wastes, emissions, pollutanb, animal::; or plants, noise, or products and/or relate to the protection of health, natural resources, safety or the environment. 1.11 Hazardous Substance "Hazardous Substance" shall mean any and all substances defined or designated as hazardous, tOXIC, radioactive, dangerous or regulated wastes or materIals, or any other similar term in or under any applIcable Environmental Laws. Hazardous Substance shall also include fuels, petroleum and petroleum-derived products. 1.12 Hazardous Substance Release "Hazardous Substance Release" shall mean the sp1l1ing, discharge, depOSIt, lI1Jection, dumping, emitting, releasing, leaking or placing of any Hazardous Substance into the aIr or'mto or on any land or waters, except 111 complIance with applIcable Environmental Laws or as authOrized by a then-current and valid permit issued under applIcable EnVIronmental Laws. 1.13 Common Area Improvements "Common Area Improvements" means any Improvement placed or constructed 111, under, or upon the Common Areas, mc1udmg, without limitation, any driveway, parking area, utIlIty, dramagc dItch, fence, wall or barner, utility distribution facility, landscapmg, or slgnagc. 1.14 Maintenance "Maintenance" means upkeep to Common Area Improvements Illstalled wlthm the Common Areas, and the repair and replacement of damaged, worn, or faIlmg Common Area Improvements installed in the Common Areas. l.J5 Master Plan "Master Plan" means the tenns, conditIOns, mles and regulatIOns of the Master '- Plan applicable to the Property and approved by the City of Springfield effectIve May 23, 2005, as may be amended from time to time. I/RI\'Cl BcntlllR~ ^~ RLCORDl D 2008-4-8 doc] ,.o\)Jeo', o~te Re~'1 ~~~ , ~ 1\)\)% ._...\ ~Ubro\\\aL------ 1.16 Occupant "Occupant" means any Owner, licensee, tenant or subtenant 111 lawful possession of all or any portion of the Property. 1.17 Officer "Officer" means either the President 01 Secretary of the AssocIation or any adrlitlOna 1 person at; may he so designated by the Board. 1.18 Owner "Owner" means PeaceHealth or the owner of any lot, parcel or portIOn of the Property or any party in lawful possessIOn of any lot, parcel or portion of the Property pursuant to a ground lease, and any successor of such ground lessee's 111terest under a ground lease. 1.19 PeaceHealth "PeaceHealth" means PeaceHealth, a Washl11gton non-profit 90rporation, Its successors and assigns. 1.20 President "President" means the President of the AssociatIOn, selected in accordance with Section 3.15. 1.21 Property " Properti , means the real property in Lane County, Oregon legally descnbed on the attached Exhibit A hereto 1.22 Reviewer "Reviewer" means PeaceHcalth. 1.23 Secretary "Secretary" means the Secretary ohhe Assoclation, selected in accordance wlth Section 3.1 5. 1.24 Third Party Improvements "Third Party Improvements" means any nnprovements made to any Thlrd Party Parcel by an Owner other than PeaceHealth Date Received: APR 1 4 2008 PAG! 5 I/Rlvcll3end CCR, AS RLl ORD!'D 2008-4-8 doq Original submittal 1.25 Third Party Parcel "Third Party Parcel" means any pOltIOn of the Property which is the subject of a ground lease between PeaceHealth and an Owner or which IS owned by a palty other than PeaceHealth. 'Third Party Parcel" docs not inelude any portion of the Property owned by PeaceHcaHh and which is not subject to a gr<?und lease with an Owner. 2. PEACEHEAL TH RIGHTS AND RESPONSIBILITIES OVER THE PROPERTY, THE CC&Rs AND THE DEVELOPMENT STANDARDS 2.1 PeaceHealth Rights and Responsibilities 2.1.1 Reservation of Rights In addition to other PeaceHealth rights and responsibilIties as may be set forth m these CC&Rs, PeaceHealth shall, at all times, retain the fonowing nghts and Iesponsiblhtles with respect to the Property, meluding the Common Areas, and over these CC&Rs and the Development Standards: ~ 2.1.1.1 The nght to assign all or any portiOns of the nghts and responslblhtles and obligatiOns under these CC&Rs to the As~ociatiOn or to others. 2.1.1.2 The nght to create 01 grant easements or other encumbrances across the Common Areas as set forth herem 111 Section 8. 2.1.1.3 The right to review and approve or dIsapprove all Development Plans for the Property 2.1.1.4 The right to appomt a majorIty of permanent votmg Directors of the Board. 2.1.1 5 The ngbt to approve or dIsapprove any amendments to these CC&Rs and the Development Standards. 2.1.1.6 The right to approve or dIsapprove any reductions, modificatIOns or expanSiOns of the Common Areas. 2.1.1.7 The nght to approve or disapprove the Improvements, and any changes thereto. 2.1.1.8 The right to close all or any pOliion of the Common Areas as provided in Section 7.1. Date Received: : APR 1 4 2008 I'AGl 6 I/Rlvcllknd eeR, ^'> RLCORDI \) 2008-4-8 doc I Original submittal 2.1.1.9 The nght to record a map delineating the Common Areas. 2.1.1.10 The right to enforce these CC&Rs and the Development Standards to the extent the AssocIatIOn is not oblIgated to enforce them or falls to do so. 2.1.1.11 The nght to approve storage, treatment, deposIt, placement or disposal of any Hazardous Substance 2.1.1 12 The nght to approve any change 111 the prolllblted uses of the Property as set forth 111 Sections 6.15 and 6.16. 2.1.1.13 The right to grant or revoke the license for use of the Common Areas, or portions thereof, pursuant to Section 7.1 herein, and to eVict anyone from the Common Areas who fails to comply with applicable laws. 2.] .1.14 The nght to enforce the rules or regulations of the Association to the extent It faIls to do so. 2.1.1.15 Except in the case of an emergency or an agency order requ1rlng immediate action, PeaceHcalth shall have the right to approve or disapprove any proposed investIgatory, remediation, clean-up or removal actions of the AssocIation which are required pursuant to its environmental responsIbilItIes undel Section 6.1.2 wIth respect to the Common Arcas. PeaceHealth shall have the right to requIre the ASSOCIatIon to request oversight from DEQ of any investigatory, containment, remedIation and 1 emoval actiVIties and/or require the ASSOCIation to seck a statement from DEQ of "No Further Actlon.l1 3. RIVERBEND TENANTS' ASSOCIATION 3. J Formation The AssociatIOn shall be known as the RrvcrBcnd Tenants' Association and shall be formed by PeaceHealth as a Washington nonprofit corporation as soon as practicable after the recording of these CC&Rs and completIOn of the Common Area Improvements, but in no event later than the recordmg of a memorandum of ground lease for any Thlrd Party Parcel. All Owners shall be members of the ASSOCIation The Association shall act through the Board, the membership ofwhlCh shall be established pursuant to Section 3.5, herein Date Received: APR 1 4 2008 IIRlvcliknd CCR... A:'> RLCORDrn 2008-4-8 do<.-J Original Submittal I'AGI, 7 3.2 PeaceHealth's Membership 011 Board At all times PcaceHealth shall have the fIght to designate a majonty of the members of the Board. 3.3 General Authority of the Association Subject to the reservation of rights by PcaceHealth as set forth in Section 2, the AssocIation shan have all requisite power, duty, and authority to perform Its obl1gations under these CC&Rs, mc1udmg the power, duty and authority to enforce the provisions of these CC&Rs as set fOl1h herein and to acquire and pay for, out of the common fund provided by assessments pursuant to Section 4, all goods and services necessary or appropriate for the proper functioning of the Association m accordance WIth these CC&Rs. Without limiting the generality of the foregomg, and subject to the other provisions of these CC&Rs, the AssocIation shall have the power, duty, authority and obligations to do the following. 3.3.1 Duties, Powers and Obligations of the Association 3.3.1.1 Detenninc the amount of funds necessary or appropriate for the perfonnance by the Association of its powers and duties under these CC&Rs. 3 3 1.2 Impose and collect annual and special asscssments from the Owners. 3.3.1.3 Mamtam bank accounts on behalf of the AssocIation and deSIgnate the signatories reqUlred on those accounts. 3.3.1.4 FIle all appropriate Association I11comc tax returns. 3.3.].5 Enforce by legal means, other than any action that would create a hen agamst the Property or any leasehold interest, the provisions of these CC&Rs, mcluding creating a lien against any Third Palty Improvements. 3.3.].6 Undertake Mamtenance to the Common Area Improvements 111 the Common Areas, or 111 dedIcated public nghts-of-way where such Maintenance is required by a public agency, pursuant to Section 6.1.1, in a first-class condition, and establish one or more reserve accounts, if appropnate, for such purposes. 3.3.1. 7 Manage and conduct all of its activities pursuant to the Association's environmental responslbilitles set forth 111 Section 6.1.2 herein 3.3 1.8 Designate and install new Common Area Improvements in the Common Areas, subject to PeaccHealth approval. ReceNed: Date APR \ 4 2008 PM,[ 8 I/RI\'c1l3cnd CeR., ^~ RFCORDI D 2008-4-8 doc] . . a\ SUbm\ttaL--- onglO 3.3.1.9 Defend and indemnify PeaceHealth from any lIability for all claims, damages, expenses, costs or fees arismg from the duties or obligations of the ASSOCIatIOn, mcludmg, but not limited to, bodily mJury, propelty damage, or the clean-up, remediation or removal of any Hazardous Substance Release. , 3.3.1.10 Obtain polIcIes of insurance as may be necessary 01 appropnate, namll1g PeaceHeaIth and all Owners as an additional msuI ed, to protect the Association agamst claims or loss ansmg from or occurring on the Common Areas or the operation of the Association. The types and amounts of coverage shall be as the Board may from time to time deem appropriate for the protectlOl1 of the AssoclatlOn, Its members, DIrectors, officers and employees 3.3.1.11 Contract for such serVIces includmg, without 11l11ltatIOn, legal and acc_ountmg services as may be necessary or appropriate to manage the affairs of the AssocIation properly and in accordance with these CC&Rs, whether the personnel performmg such services are employed directly by the ASSOCIatIOn or by a manager or management firm or agent retained by the AssociatlOn. 3.3.1.12 Appoint committees from among the DIrectors and appoint non-Board members to such committees as th~ Board may determine from tune to time to be appropnate to aSSIst m the conduct of the affmrs of the ASSOCIatIOn and delegate to any such committee any authonty as the Board may deem appropnate, subject m all cases to the proviSIOns of the CC&Rs. 3.3.1 13 Propose modIfications, reductions or expanSIOns of the Common Areas to PeaccHealth 3.3.1.14 Execute amendments, additIOns or deletIOns to the CC&Rs and the Development Standards. 3.4 V otillg by Mail V otmg by any party entltled to vote may be by mall, or other means acceptable to the Board, WIth respect to any mattcr beforc the Board or the AssociatIOn. In any case in which votmg by mail is necessary or deSIrable, the Secretary shall gIve wntten notice to any party entitled to vote, whIch notIce shall (a) include a wntten resolutIOn or ballot . , setting forth the proposed actIOns or candIdates (b) state that any party entitled to vote IS entItled to vote by mall for 01 agamst such resolutIOns or candIdatcs and ( e) speCIfy a date not less than twenty-five (25) days aftcr the date of such notice by whIch aU votes must be reccived at the principal office of the Association Votes receIved after the date speCIfied shall not be effectIve. Date Received: APR 1 4 2008 I/RIVC1Bcllll ( Cl~s AS RH'ORDj D 2008-4-8 dnc] Original Submittal J>AGI 9 3.5 Board of Directors 3.5.1 Generally The affaIrs of the Association shall be governed by the Board, which shall be comprised of at least three (3) DIrectors, all ofwhlCh shall be mitially designated by PeaceHealth. PeaceHealth may select, remove and replacc Its Directors at its pleasure from time, to time. PeaceHealth1s Directors cannot bc removed from the Board by any action of the Board or the AssociatIOn. All Directors elected to the Board, other than PeaceHealth's, shall be affihated wIth an Owner. For the purposes of this SeCtion 3.5.1 only, affiliated means either an employee, director, officer, shareholder, pmtner or owner of the Owner. 3.5.2 Number and Classification of Directors Upon the fonnatlOl1 of the Association, the Board shall consist of three (3) Directors designated by PeaceHealth. Thereafter, the Board shall consist of three (3) Directors: two (2) DIrectors appomted by PeaceHealth and one (1) DIrector selected by the Owners other than PeaceHealt~ in accordance WIth the voting procedures described m Section 3.5.3 herein, subject to the provision to add DIrectors to the Board as provIded 111 Section 3.5.2.1. 3.5.2.1 Directors Added to the Board Five (5) years from the formation of the Association, or after PeaeeHealth has entered into ground leases or has sold ThIrd Pmty Parcels, any eombmatlOn thereof resultmg 111 there bemg at least three (3) Thll'd Party Parcels, whichever is earher, two (2) additional Directors shall be added to the Board; one (1) additional DIrector shall be appomted by PeaceHealth, and one' (1) additional Director shall be selected through the electIOn process descrIbed 111 Section 3.5.3 herem. Thereafter, for the addItIon of three (3) addItIonal ThIrd Party Parcels, two (2) addItional DIrectors shall be added to the Board; one (1) additional DIrector shall be appomted by P~aceHea1th, and one (1) addItIOnal Director shall be selected through the election process descnbed in Section 3.5.3 herem 3.5.3 Election of Directors Directors, other than PeaceHealth's, shall be selected annually by majority vote of all the Owners other than PeaceHealth, with each Owner having one vote each. Only DeSIgnated Voters shall have the right to vote for DIrectors. Directors shall be elected at a meeting of the Designated Voters or by mail voting in the manner provided below 111 Section 3.5.4. If there IS more than one person or entity comprising an Owner, such I persons or entItles shall be considered one Owner for voting purposes ur:dercfpy Date ReceNe . I'AGLIO IfRlvc1l3cnd (CR~ AS Rf CORDI D 2008-4-8 dOLI A~R~' 4 2006 Qf\g\n~\ $Vpo,\\tta\---- provision of these CC&Rs and shall detennine among themselves how their votes wIll be cast and who theIr DesIgnated Voters shall be. If such persons or entIties cannot agree on how theIr votes will be cast, their vote wIll not count. 3.5.4 Meetings of Owners to Elect Directors Any meeting of Owners for the purpose of electing DIrectors shall be conducted in accordance WIth the followmg procedures: 3.5.4.1 The first such meetmg shall be held no later than thIrty (30) days after at least two Owners are in possession of a Third Party Parcel. Subsequent meetings shall be held no later than thuiy (30) days prior to the eXpIratIon of the term of any Director or such tIme that a maJonty of Designated Voters request such meeting. 3.5.4.2 Any meetmg pursuant to thIS Section 3.5.4 shall be held at such place WIthin Lane County, Oregon as may be designated by the Board. The Secretary shall gIVe wntten notice of the place and time of any such meeting to each Designated Voter entitled to vote at such meetl11g at least ten (l 0), but not more than sixty (60), days prior to the date set for such meeting, whIch notice shall state the purpose, tune, and place ofthe meeting. The Secretary shall be responsIble to notify a DeSignated V oter of a meeting only if the Owner for which such DesIgnated Voter is designated to vote has given WrItten notice to the Secretary setting f01ih such DeSIgnated V oteI IS name and address at least fifteen (15) days pnor to the gIVl11g of the notice of the meetmg. Notice of any such meeting may bc waived by any Designated Voter or by PeaceHealth at any tIme. No DeSIgnated Voter who is present at a mectl11g may object to the adequacy or timelincss of the notIce given. 3.5.4.3 Any DesIgnated Voter may gIve a proxy to any person, so long as such proxy is in wnting, SIgned by such DesIgnated VoteI, and filed WIth the Secretary. A proxy shall expIre on thc earlIer of (a) eleven (11) months after the date of the plOXY; (b) the date of the expiI atlon or earlIer tCrImnation of the ground lease for whIch the DeSIgnated Votcr is designated to vote; (c) the date that the Owner for whIch the DeSIgnated Voter is designated to vote no longer IS an Occupant; or (d) the date of the meetmg at WhICh a vote IS to be held for which proxy is granted. 3.5.4.4 The presence, in person or by proxy, of Designated Voters entItled to cast at least fifty-one percent (51 %) of the total votes entitled to be cast at any meeting shall constitute a quorum. When voting is by mail pursuant to the proVIsions of Section 3.4, a quorum shall be constItuted if the number of votes cast equals at least fifty-one percent (51 %) of the total votes entitled to be cast. Date Received: APR 1 ~ 2008 I'AGI'11 j/Rlvcllknd eeR, A'::, RLCORDl D 2008-4-8 dot] Original SubmIttaL 3.6 Terms of Directors Each DIrcctor shall serve a one-year tenn; providcd, however, if the ground lease with whIch the Director IS affiliated expires or terminates prior to the end of his or her term, or an OwncI is no longer an Occupant due to the sale, lease or sublease of the applIcable Third Party Parcel, such Director's term shall end on the earlIer of the eXpIratIOn date of the ground lease or the date the Owner is no longer an Occupant 3.7 Resignation Any Director may reSIgn at any tIme by sending a written notice of such resignation to the Secretary. Unless otherwise specified in such notice, a resignation shall take effect upon receipt of the notice by the Secretary. 3.8 Vacancies Vacancies on the Board caused by a Director's death, resignation or termination pursuant to Section 3.6 or Section 3.7, sIlall be filled by a special meetmg of the Board to fill the vacancy Any Director so selected shall serve the remainder of the replaced Director's term. PeaeeHealth shall fill PeaceHealth Director vacancies promptly. 3.9 Meetings of the Board 3.9.1 Initial Meeting The mItIal mectlllg of the Board shall occur wIthm thirty (30) days after the formation of the AssociatIOn. At the Initial Meeting, the Board shall elect a President and a Secretary. 3.9.2 Annual Meetings The Board shall meet annually, within ninety (90) days after the end of each fiscal year establIshed by thc Association established pursuant to Section 4.2.2. At each annual meeting, the Secretary shall present to the Board a report on the financial condition of the Association, includmg a rep0l1 of receipts and disbursements for the precedmg calendar year, the allocation thereof to each Owner, and the estImated receIpts and expenses for the coml ng year 3.9.3 Special Meetings SpeCIal meetmgs may be called at any time by two Directors. Such meetings shall be scheduled by the Secretary wIthm thirty (30) days after the Secretary's receipt of the wntten requests signed by two or more Directors; proVIded that if the purpose of a special meeting is to elect a sueceSSOI Secretary or to consider removal of the Secretary pursuant I/Rlvcll3cnd (,CR~ AS RI CORf)[J) 2008-4-8 do~J pate ReceNed:!'ACJr 12 APR , 4 2006 _ ,-,_...1 ~lIbm\tte'c' ,.,-,,, ----".. - to Section 3.15.3} such meeting may be scheduled by the President or, if the meeting IS also for the purpose of electing a successor President or removing the President, any other Director. 3.9.4 Place of Meetings Meetmgs of the B031d shall be held at such place wlthll1 Lane County, Oregon, as may be designated from time to tIme by the Board. 3.9.5 Notice The Secretary shall give wntten notice to each Director of each Board meetll1g at least ten (10) but not more than sixty (60) days prior to the date set for such meeting, statmg the purpose, hme, and plaee of the meeting. NotIee shall be sent to the address of each DIrector as listed on the books of the Association, or to such other address as any Director may desIgnate by written notIce to the Secretary given at least ten (10) days prior to the giving of notIce of the meetmg. NotIce of any meeting may be waIVed by any Director at any time. No DIrector who IS present at a meeting may object to the adequacy or timeliness of the notice given. When a meetmg IS adjourned for fewel than sixty (60) days, whether or not a quomm is present at the adjourned meetmg, no notice of the resumption or reconvening of such adjourned meeting need be given other than by announcement at the meeting at which such adJourmnent takes place. 3.10 Voting by the Board Each Director shall have one (1) vote. So long as a quorum is constituted and in attendance, a majonty vote of the Directors shall bind the Association. For capital expendItures to be made by the AssocIatIon, at least 51 % of the vote of a quorum must vote 111 favor of the expenditures. 3.11 Proxies Votes by Directors Not Allowed A Director may not vote by proxy. 3.12 Quorum The presence of a majority of the Directors, including a majority of PeaceHealth Directors, shall constitute a quorum for votmg at a Board meeting, When votmg is by mail pursuant to the pIovislOns of Section 3.4, a quorum shall be constItuted If the number of votes cast equals at least fifty-one percent (51 %) of the total votes entItled to be cast The Board shall have the power to call and/or adjourn a meetmg even If less than a quorum is present. Date Received: APR f 4 2008 I'AGL 13 I/RI,cli~cl1d CO.'i A:' RLCORD] D 2008.4-8 doc] Original Submittal 3.13 Compensation of Directors No DIrector shall receIve compensation from the Association for serving on the Board. . 3.14 Indemnification of Directors and Officers No Director or Officer shall be lIable to the AssociatIOn, the Owners or Occupants for any act or omission on behalf of the ASSocIatIOn, except for such Director's or Officer's willful mIsconduct or bad faith. Each Director and Officer shall be indemnified by the Association against all expenses and liablhnes, including reasonable attorneys' fees, ll1curred by or imposed upon'such DIrector or such Officer in such capacity; provided, however, there shall be no duty to indemnify if any DirectOl or Officer is gmlty of willful misconduct or bad faith in connection wIth the matter as to whIch indemnificatIon IS sought. 3.14.1 Insurance The Board shall purchase and mamtam generalliabihty and directors and officers insurance policies on behalf of the AssociatlOn and any Director and/or Officer against any liability incurred by such Director and/or Officer in such capaCIty, If such insurance is available at a cost and on terms whIch the Board determines to be reasonable. The Board may purchase such additional msurance as it determmes is reasonable and appropriate 3.15 Officers of the Association 3.15.1 Designation The Officers of the Association shall be the President and the Secretary, both of whom shall be elected by the Board. Thc samc person shall not eoncunently hold the offices of PresIdent and Secretary. The Board may designate such additional Officers as it deems appropriate. 3.15.2 Election The Offi~ers of the ASSOCIatIon shall be elected annually by the Board and shall hold office at the pleasure of the Board and until their successors are elected and qualified. If any office becomes vacant, the Board shall elect a successor to fill the unexpired tem1 at a speCIal meeting of the Board called for such purpose. 3.15.3 Removal The Board, by a majority vote, may remove any Officer, at any tnnc, with or without cause, and a successor~may be elected at a special me~tin~~~d called for such purpose. . Da e , APR , 4 2008 PACil 14 I/RI\'cilknd CTR~ ^ <; RLCORDI:I) 2008.4.8 docl Original submittal-----..- 3.15.4 President The PresIdent shall be the chlCf executive officer of the Association. The PresIdent shall have all of the general powers and duties normally incIdent to the office. 3.15.5 Secretary The Secretary shall keep the mmutes of all proceedmgs of the Board and all other Association records and shall attend to the gIving of all notices to the Board and other notices pursuant to these CC&Rs or required by law. Thc Secretary shall be responsIble for AssoCIation funds and shall keep full and accurate finanCial records and books of account sufficIent fOl proper accountmg purposes showmg all receIpts and dlsbursements necessary for the preparatIOn of all reqUIred financial data and tax returns. The Secretary shall be responsible for the deposit of all Association funds in such deposItOrIeS as may from time to time be deSignated by the Board, and shall dIsburse ASSOCIatIOn funds for such purposes as may be permitted under these CC&Rs. The Secretary shall perfonn all other duties mCldent to the office of secretary of the AssocIatlon or as may be directed by the Board. The Secretary shall perfonn all of such duties at the expense of the Association 3.16 Execution of Instruments All agreements, contracts, and other instruments of the Assocwtion shall be executed by such person or persons as may be deSIgnated from time to time by resolution of the Board. 4. ASSESSMENTS 4.1 Annual Assessments 4.1.1 Authority to Assess Subject to the limitations and requirements set forth III this Section 4.1.1, the AssociatIon shall have the authority to levy annual assessments to pay all expenses assocIated with the AssocIation's performance of Its powers, duties, responsibilIties and oblIgations under these CC&Rs, mc1uding Without l11111tatIOn the powers, duties, responsibIlItIes and oblIgatIOns set forth m Section 3.3; to pay all utility, insurance, mamtenance, repair, replacement and other expenses incurred WIth respect to the " Common Areas and to mamtam the reserve funds described m Section 3.3.1.6. In additIOn, any such assessment shall include, WIthout limitatIOn, the costs of the mamtenance or repaIr of improvements located within dedicated portIons of the Propelty which have been dedIcated and accepted by a govemmental agency. The Association shall bill each Ovyner and/or Occupant f01 their shared the ~sessment~ as determmcd 111 '- -. Date ~ecelvea: APR 1 4 2008 l'AGlo I'; \/R1VC\ Bend e'eR ~ AS RITORDI D 2008-4-8 dOll Original Submittal accordance with Sections 4.1.1 and 4.'1.2, on a semi-annual basis. All such assessments shall be due within thirty (30) days after the date of bIlling. 4.1.2 Allocation of Assessments Each Owner's annual assessment shall be a fractIon of total Association annual cxpenses equal to (a) the numbel of square feet ofland area on the Property owned by an OwneI or leased by thc Owner pursuant to a ground lease, divided by (b) the entire amount of square feet of land area in the Property excluding all Common Arcas and public rights-of-way. For purposes ofthis allocation, the portion of the Property'owned by PeaceHealth, but subject to a ground lease with an Owner, shall not be mc1uded in the square footage calculation for PeaceHealth, but shall be allocated to such Owner under the ground lease. 4.1.3 Annual Settlement Wlthm mnety (90) days of the end of each fiscal year the ASSOCIatIOn shall delIver to each Owncr an itemized breakdown certified as true and correct showing the actual costs for all expenses that comprise the annual assessment. If an Owner's pro rata share of thc annual assessment cxceeds the amount paid by the Owner 111 any fiscal year, then within thIrty (30) days after receipt of saId cost breakdown, the Owner shall pay to the AssocIation such excess amounts. If the Owner's pro rata share of the annual assessment IS less than the Owner1s payments for any fiscal year, the Owner shall receive a credit against the next annual assessment. 4.2 Association Records; Budgeting 4.2.1 Records The Association shall maintain records of assessments, of any other income receIved by the ASSOCiatIOn, and of all disbursements made. The AssocIatIOn shall also maintam voting records and budget records. The Board may at any tl1ne and from tIme to tune reqUIre that an audIt of the Assoclation1s records be performed at the expense of the Association. The results of any such audit may be presented at any meeting of thc Board Any DIrector may, at the Association's expense and at any reasonable time, copy any Association records reasonably necessary to thc performance of such Director's dutIes. Any Owner shall have the right to inspect AssocIatlOn records at any reasonable time, after reasonable notice to the Secretary. Any-Owner may copy Association records at such Owner's expense. 4.2.2 Budgeting The Association shall establish a fiscal year for budgetmg purposes At least ten (10) days pnor to the ASSOCIatIon's second fiscal year and at least ten (10) days prior to Date Rece\ved: !'Nil: 16 [/Rlvcrl3cnd CCR~ ^" RI CORD) D 2008-4-8 dot) APR 1 4 2008 ori9\n~\ $\,!pmltta\ ,............................ the commencement date of each succeeding fiscal year, the ASSOcIatIOn shall prepare and - make available to the Owners, at the office of the Secretary, a proposed budget of the estimated costs and expenses to be incurred by the Association during the following fiscal year in performmg its functions hereunder. The budget will be accompamed by a schedule showing the annual assessments to be assessed to the Owners for the fol1owmg fiscal year. Failure of thc Association to prepare the budget and accompanying schedule shall not relteve the Owners of theIr obligatlOns to pay annual ass9ssments for the fiscal year whieh would have been covered by the budget In the event the AssocIatIOn does not prepare the budget and accompanying schedule within ten (10) days prior to the commencement date of any fiscal year, the Association shall contmue to levy and collect annual and specIal assessments at the level of the prevIOUS fiscal year, plus an mcrease of not more than ten percent (10%) if approved by the Board. Then, at the tlme the Association adopts ItS budget, such budget shall be effectIve as of the first day of the correspondmg fiscal year. In the event t0e amount of the budgeted annual assessments is in excess of the amount actually paid by the Owners for such fiscal year, then the Owners shall pay the amount of such excess to the Secretary wIthm thIrty (30) days after the effective date of notice to the Owners of the proposed budget. In the event the amount of the budgeted annual assessments IS less than the amount actually paId by the Owners for such fiscal year, then the ASSOCIation shall either apply the excess to the Owners! next due Installments of annual assessments or refund the excess. Excludmg taxes, insurance, utIlIties, repair or replacement of Common Area Improvements, and damage and destruction not within the reasonable control of the AssociatIon, m no event shall costs and expenses l11curred by thc AssociatIOn increase more than 10% over the previous fiscal year on a per square foot basis. 4.2.3 Audits An Owner, Its agents and accountants, shall have the nght to examine and audIt the ASSOCiatIOn's books and records re1atmg to any cost or Item that is assessed to Owner upon ten (10) days wntten request by Owner to thc ASSOCIation. If an Owner dIsputes the accuracy o(the Association's assessment, the Owner shall st]l1 pay the amount shown owmg pend1l1g completion of the audIt. If an Owner's audIt of the books and records shows that the amounts shown on the assessment are five percent (5%) or more hIgher than the actual amount owed by the Owner, the Association shall, on demand, reimburse the Owner for all reasonable costs of conducting the audit Any overpayment or underpayment of the annual assessment shall be adjusted by the paliIeS within ten (10) business days after the audIt is completed. The Association shall keep complete and acematc book$ and records relating to aU expenses for a peflod of three (3) years, whIch records shall be kept in accordance with generally accepted accounting prinCIples consistently applicd. The Association shall provlde each Owner with a copy of any audIt fu~nished to or received from any other Owner. An Owner shall not have the nght to I/Rlvcil>cnd (,CR~ A<; RJ CORDrD 200f\-4-8 doc] Date Received: APR f 4 2008 I'AGI 17 Original Submittal audit (or contest) any annual assessment for any fiscal year beyond three (3) years after any such fiscal year. 4.2.4 Enforcement The AssociatlOn shall notIfy PcaceHealth in writing of any assessment pursuant to these CC&Rs that is not paid by an Owner within thirty (30) days after the date ofbilhng. The Association may sue or file a lien against any such Owner for any such unpaid assessment. 4.2.5 Personal Obligation Each assessment or charge levied pursuant to the provIsIons of these CC&Rs shall be a separate and personal oblIgation of the Owner against which the assessment or charge is leVIed but shall not be a hen against either the Property or an Ownees leasehold mterest. The eXpIratIOn, termination, or assignment of an Owner's ground lease or the sale of a ThIrd Party Parcel by an Owner shall neither release nor discharge the Owner thereof from such personal liability accrued as of the date of such sale, expiratIOn, termination or assignment. 5. ARCHITECTURAL AND DESIGN CONTROL 5.1 Generally No ThIrd Party Improvements of any kind shall be commenced, erected, placed, or al1ercd on any portion of the Property unless such Third Pmiy Improvements arc 111 confomlance with the standards set fOlih in the Development Standards and until plans and specIfications showing the nature, kind, shape, height, material, and locatIOn of the ThIrd Party Improvemcnt are submitted to and approved by ReVIewer, pursuant to the provisions of Sections 5.1 and 5.3 and the Development Standards. Plans for the construction of ThiId Party Improvements shall be submitted to and approved by Reviewer pursuant to the Development Standards. Third Party Improvements to the mteriors of buildings are not subject to the Development Standards All Common Area Improvements and ThIrd Party Improvements shall be erected or altered 111 conformance with all applicable governmental laws, ordinances, rules, and regulations. To the extent applIcable governmental laws, ordinances, rules, and regulatlOl1S are 111 conflict WIth the Development Standards, the more restnctIve standards shan control. 5.2 (Intentionally Omitted) Date ReCe\ved: APR 1 4 ,2008 PAGl 18 I/RlvclBcnd CCR\ AS RJ CORDI]) 2008-4-8 doc] Qrigina\ submltta\- 5.3 Approval Reviewer may approve proposed ThIrd Party Improvements as submitted or subject them to such speclfic conditions as Reviewer may reasonably detern1ine to be approprIate to meet the CC&Rs and the Development Standards Any dIsapproval ofthe Third Party Improvements shall specify the reasons for disapprovalm reasonablc detmlm a wntten notice of nonconformance. RevIewer shall have thiliy (30) calendar days to approve or reject any Development Plans submitted or re-submitted under Sections 5.1 or 5.3. Failure of Reviewer to act within said time shall be deemed approval of the proposed Third Party Improvements. SA Commencement of Work As soon as practIcable after the receipt of approval by Reviewer, If the Owner elects to proceed with the Third Party Improvements, the Owner shall satisfy any and all conditIOns of such approval, seeure all necessary governmental permIts and approvals, and promptly commence construction of the Third Party Improvements. Approval of any ThIrd Party Improvements shall automatically be deemed revoked one year after issuance unless construction of the Third Party Improvements has commenced or the Owner has applied for and recclved an extension oftnTIc from the Reviewer. 5.5 Completion of Work Any approved ThIrd Party Improvements shall bc substantially completed wIthm two (2) years after the date of commencement of construction. Landscapmg shall be complcted wlthm SIX (6) months after substantIal completion of assOCIated Thud Party Improvcments unless weathcI condItIons or time of year 111terfere wIth the abihty to reasonably complete such landscap1l1g. In all cases, such landscapmg must be completed within I1111C (9) months of substantial completIon of TllIrd Party Improvements. Promptly after completIOn of any Third Party Improvement, thc Owner shall give written notIce of completIOn to ReVIewer. Such notice shall be accompanjed by a certificate of the OwncI, in a form and content reasonably satIsfactory to Reviewer, that such work has been undertaken and completed in compliance with the approved plans and these CC&Rs Withm thIrty (30) days after the effectIve date of such notIce, ReVIewer may, at ItS option, 1l1spect the completed TllIrd Party Improvements and gIVC wntten notice to the Owner of any respects m whIch the completcd Thn'd Party Improvements faIls to conform to the plans therefor as approved. Such notIce shall spcclfy a reasonable period, whIch shall be not less than thIrty (30) days, dunng whIch the Owner may remedy the nonconformance. If Reviewer does not give notice of nonconformance wlthm thirty (30) days aftel the datc of receIpt of the notice of completjon, the Third Patty Improvements shan be conclusively presumed to be approved as completed. Date Received: APR f 4 2008 I'AGr 19 IIRlvctlknd CCRs AS RLCORDI:I) 2008-4-S doc] ? . " t Original Submittal. 5.6 Estoppel Certificate WIthm ten (10) days after receipt by Reviewer of a written request executed by an Owner, RevIewer shall execute and dehver to such Owner an estoppel certificate certifying to the extent such matters are true: (a) ReVIewer has approved plans for construction of Third Party Improvements by such Owner, (b) ReVIewer has not given to the OwneI a notIce of nonconfomlance pursuant to Section 5.4. Any purchaser or institutional lender requestmg such certificate may conclusively rely on such certifi~atc with respect to the matters set forth therein. No such certificate shall be construed as a warranty by Reviewer as to (1) thc qualIty of any construction, or (iI) whether the Third Party Improvement or the use thereof is in comphance WIth applicable law, or (iii) any other matter, except as expressly set forth in such certificate; and (iv) If apphcable, Thlrd Party Improvements have been substantIally completed and accepted by RevIewer pursuant to Section 5.5. r 5.7 No Liability , PeaceHealth, any employee, officer or agent thereof shall not be liable to any Owner, Occupant, or other person or entIty for any damage or loss, whether based on neglIgence or any other theory of recovery, suffered or claimed as a result of any actJOn or faIlure to act on the part of PeaceHcalth or its designated representatIves with regard to the Development Standard reVIew procedures as set forth herein, so long as PeaccHealth has acted in good faith based on actual knowledge. 5.8 Nonwaiver Approval or disapproval by PeaceHealth of any matter proposed to it shall not constItute a precedent, 01 waiver, and shall not Impair in any manner the nght of PeaceHealth to grant or Withhold approval as to any similar matter thereafter proposed or submitted to It for approval 5.9 Records Owners shall have the nght from time to time after reasonable notlce to ReVIewer, and at reasonable tImes, to reVIew and copy, at the O"Yner's expense, Reviewer's records peliaining to the design reVIew procedure described 111 Section 5 except as such records contain any Owner's proprietary or confidentIalmformatlOn. I 5.10 Variances to Development Standards Only PeaceHealth may grant variances from any provision of the Development Standards upon a written request for a variance submItted by an Owner to PeaceHealth1s development manager or other Iepresentative designated by PeaceHealth, stating the reason for the request and the applIcable sectlon of the Development Standards C Date Received: l'A(iL 20 [/RIVC1Iknd CC R, ^S RITORD[]) 2008-4-8 doc) APR 1 4 2008 Original SYbmit~al ("Vanance Request") PeaceHealth will evaluate each Vanance Request and wIll notify the Owner, in writ1l1g, of its decIsIon wlth1l1 fifteen (15) Busmess Days of receipt of a Variance Request. The Variance Request shall be approved only If It can be determined that: ( a) enforcement of the standard in questIOn would cause development constraints which would makc the Third Party Parcel significantly more dIfficult to develop than other Third Party Parcels subject to the same standards; (b) there would bc no matenal adverse impact to adjacent existll1g development or to the provision of basic servIces to the Propcrty and other Owners; and (c) the proposed vanance meets the ovcrall ob]ectlVes of the Master Plan and the objectlves of the relevant sectIOns of such plan. Reasonable conditions related to the vanance may be required as part of the vanance approval. Vallance Requests for signage shall not be unreasonably denied ifit is detennined that: (1) \ there would be no material adverse Impact to adjacent existing or future development; and (ll) the proposed variance meets the overall objectives of the Master Plan and the obJectives of the relevant sections of such plan. Reasonable conditions related to the vanance may be required as part of the variance approval 6. PROPERTY USE AND RESTRICTIONS 6.1 _ Landscaping and Maintenance Each Occupant shall maintain 111 good conditIOn the property leascd or owncd by such Occupant, and any ThIrd Party Improvements thereon, at such Occupant's expense Required maintenance and repaIr sha1l1l1clude but are not limited to (a) maintenance of all parkmg arcas, pnvate drives, curbs, and walkways in accordance wIth these CC&Rs in a clean-and safe conditIOn, including, repainng, and restnpmg as often as is necessary; (b) mamtenance oflandscapmg 111 an attractive, neat, ordetly, and cut condItIon at all times free of brush, weeds, and debris; ( c) cleaning, maintenance, and relamping of any extemal lIghting fixtures; (d) mamtenance of exteriOl s of buildIl1gs m an attractive and neat condition at all tmlcs; and ( e) maintenancc in conformance wIth the Development Standards 6.1.1 Association's General Responsibilities The AssoclatIon shall mamtain, repair and replace Common Area Improvements, and maintain and repair Improvements m such dedicated public rights-of-way where such mall1tenance or repaIr IS reqUlred by a public agency, 111 a first class condition and in accordance with the Development Standards Mamtenance shall include ordinary upkeep, litter removal, repaIr of phYSIcal damage due to any cause and maintammg the overall aesthetiC appearance of the Common Area Improvements. Date Received: APR 1 4 2008 f/R1VCl Bcnt! C'CR~ AS RLCORDrn 2008-4-8 doc] Original SubmIttal ) PAC,l 21 6.1.2 Association IS Environmental Responsibilities The AssociatIOn shall manage and conduct all of its activities on or relatmg to the Common Areas in complIance wIth applicable EnvIronmental Laws and the environmental provisions of these CC&Rs and in cooperation wIth PeaccHealth 111 PeaceHe'alth's cffOlts to comply with applIcable laws and regulations. In the event of any Hazardous Substance Release on the Common Areas, the AssociatIOn shall be responsible to clean up, remedIatc, or remove any such release to a standar:d that will allow contmued use of the Common Areas. if a Hazardous Substance IS to be left 111 place, the responsible patty must obtain a "No Further Action Letter" (or similar authOrIZatIOn If such letters cease to be avatlable) from the Oregon Department of Environmental Quality ("DEQ"), or ItS successor enforcement agency should the DEQ cease to eXIst or have some or all of its responsibilities reallocated. The Association shall promptly notify PeaceHealth at PeaceHealth's emergency telephone number and shall restore the Common Arcas to thc extent required by law and compatible with the CUlTent and intended future use of the Common Areas. The Association shall be responsible for the EnvIronmental Costs arising from any Ha2'.ardous Substance Release on the Common Areas, unless such Hazardous Substance Release was caused by the action or inaction of an Occupant, in whICh case the Occupant shall be solely responsible [or all EnvIromnental Costs aris111g from such Hazardous Substance Release on the Common Areas. 6.2 Signs All SIgns on the Property shall comply WIth the Development Standards. 6.3 Offensive Activities - No noxIOUS or offensive activity shall be performed on the Property, nor shall anything be done or placcd upon any portion of the Property wI1lch -unreasonably mterferes WIth the benefiCIal use and enjoyment of other portions of the Property or the Common Areas. 6.4 Rubbish and Trash No pmt of the Common Areas shall be used as a dump for trash or rubbIsh of any kmd. All garbage and other waste on the Property shall be kept in appropnate sanitary contamers for proper disposal and out of pubhc view. In the event an Occupant f811s to remove any trash, rubbIsh, or other waste matenals from the ThIrd Party Parcclleased or owned by such Occupant (or from any street or the Common Areas if deposlted thereon by such Occupant) within two (2) busmess days after notice from the Association, the Association may have such wiilste removed and charge the expense of such removal to the Occupant. In the case of an emergency where such garbage or waste creates a hazard or I/R'l'cil3cnd (CR~ ^~ RLCORDLD 2008.4.8 dOl] Date Received: APR 1 4 2008 I'AGL 22 Original submittal potentIal hazard in the opmion of the AssocIation, the AssociatiOn may have such waste immedIately removed and charge the expense of such removal to the Occupant 6.5 Improvements in the Common'Areas No Improvements of any type shall be erected or maintamed by any Occupant so as to trespass or encroach upon the Common Areas 6.6 Air Quality No open burning shall be permItted on the Property. 6.7 Water Quality Ncither the Assoc1ation, nor any Occupant shall discharge, allow, or suffer the discharge of treated 01 untreated sewage or'other materials into the sanitary sewer system of the Property unless it IS m conformance with all applicable laws, codes and ordmances and dnnking protectIOn regulations. 6.8 Noise, Odor, Heat and Glare No objectiOnable noise, odor, heat or glare whIch IS detectable beyond the Property . I shall be allowed, except as reasonably necessary dunng constructIOn of Third Pmiy Improvements. 6.9 Vibration No vibration WhICh is dIscerl11ble without the md of instruments shall be permItted beyond the boundary of the Property, except as reasonably necessary during construction of Thud Party Improvements. 6.10 Waste Materials All matenals, mcludmg wastc matenals, shall be stored m a mannel which Will not attract or aid m the plOpagatlOl1 of insects, bIrds, and/or rodents or other vectors 01 in any way create a health haT-aI'd, 6.11 Use of Hazardous Substances The ASSOCIation shall be permitted to use, handle or store Hazardous Substances only as necessary to carry out Its oblIgations under these CC&Rs to mamtam, repmr or replace Common Area Improvements. Date Received: APR 1 4 2008 Original Submittal flAG} 23 IfRIVCIBcnd C(,R~ AS RLCORDl D 2003-4-& do~l 6.12 Storm Water Conveyance and Treatment The Association IS authorized to discharge stonn water from the Common Areas m~o the PeaceHcalth-owned stonn watel discharge conveyance or storage system only if the Association enters into PeaceHealth's then current Storm Water System Use" , Agreement. In order to comply with storm water discharge requirements, the AssocIation may be reqUired to treat Common Area storm water pnor to discharge. If treatment IS reqUired, PeaceHcalth shall have the nght to approve or dIsapprove the method, design and installatIon of any such treatment system m order to ensure complIance wIth appheable laws and regulatIOns and protection of the Property. 6.13 Treated or Contaminated Soil/Waste The Association and Owners shall not store, treat, deposit, place or dIspose of treated or contaminatcd soil, industnal by-products, waste or any Hazardous Substances on the Common Areas or anywhere on the Property, without the pnor wntten consent of PeaceHealth, whIch consent may be granted or denicd in PeaccI-Iealth1s sole discretIon. Thc ASSOCiation and Owners shall bnng no soil, rock, or other organic materIals onto the Common Areas or anywhere on the Property that was not purchased from a reputable company In the bUSIness of selling clean SOlIs for use In construction without the wntten consent df PeaceHealth and before such approval will be given, the soIl will need to be tested at the Association's or Owner's expensc to ensurc that it contains no Hazardous Substances The ASSOCiatIOn and Owners will Identify to PeaceHeaIth thc sourcc of any sailor rock materials brought on to thc Common Areas. IfPeaceHealth determmcs that soil testing is required, PeaceHealth WIll be entItled to review, approve or dIsapprove and oversee the Association's or Owner's proposed plp.l1 for the sampling of such soil. If the soil samplmg results indicate that the soil contams any Hazardous Substances, PcaceHcalth shall have sole discretion ll1 deCIding whether or not to,allow the SOlI to be brought on to the Common Areas. 6.14 Underg.-ound and Above-Ground Stm'age Tanks No underground or above-ground tanks or other receptacles for the storage of Hazardous Substances shall be installed or operated on the Property, except with the pnor wntten consent of PeaceHealth, WhICh consent may be WIthheld or conditIOned in PcaccHealth1s sole discretion. As a conditIOn of Its consent, PeaceHealth will reqUire the Association to sign its then current Hazardous Substances Storage Agreement wlllch PeaceHealth will provide upon request. 6.15 Prohibited Uses - Generally The Property, including any Third Party Parcels and the Common Areas, shall not be used for any of the uses set forth 111 Section 6.15.1. These pro~~f~ ~S"<%t\A!d: APR 1 4 2~JL 24 I/Rlvcrl3cnd eeR, ^~ RLCORDI~]) 2008-4-8 doc] Original submittal IdentIfied 111 the Spnngfield Development Code and are further restricted by the Master Plan and by these CC&Rs. 6.15.1 Specific Prohibited Uses 6.15.1.1 Uses which predominately usc, handlc, generate, dIspose of, transport or transfer Hazardous Substances. The incidental use of Hazardous Substances m conjunction with uses permitted by these CC&Rs shall be allowed Retail facilities shall be permItted to stock and sell HaL.ardous Substan~es that ale HOlInaily stocked and sold by lIke and simIlar busmcsses in other locatIOns; provided, no retail facility shall be permitted to stock or sell Hazardous Substances in bulk quantItIes on the Property. 6.15.1.2 Entertainment activities which mclude an adult arcade, adult bookstore, adult cabaret, adult theatel, adult Video stores, escort agency, nude modelmg establishment or other sexually oriented adult busmess. As used herein, the term an "adult book store" or "adult VIdeo storell shall not prevent a full-l me book store or a full-line video store from carrying adult matenals so long as such matenals are incidental to its over-all operations and are discretely stocked and handled. Nothing contained wlthm thIS Section 6.15.1.2 shall be construed to restrict or precludc the use of the Property as a "bar," "tavern," or II cocktail lounge, It nor shall thiS Section 6.15.1.2 be construed to prevent the sale of alcoholic beverages on the Property. 6.16 Additional Prohibited Uses NotWithstanding SectIon 6.15, the followmg uses shall be prohibIted on all Third Party Parcels: The performance of any activity in violatiOn o[PeacelIealth's ethical polIcies, ll1cludmg but not 11l111ted to, abortIon, euthanasia, physicIan assIsted sUIcide, and research 111volvmg the use of embryol1lc stem cells from the destructIOn of human embryos or the tissue of aborted fetuses. The pel formance of any of the aforeSaId prohibited procedures, serviccs or aetivitles WIth the knowledge and acqUlcscence of Occupant or Owner shall constitute a VIOlatIOn ofthesc CC&Rs 6.17 Conflict Between These CC&Rs and the Master Plan If there IS any conflIct between these CC&Rs and the Master Plan, any ground lease or other lease, the morc restrictive prOVISIOns shall apply. 7. COMMON AREAS 7.1 Ownership and Right of Use PeaceHealth owns fee simple title to the Common Areas and shall continue to own fee sImple title to the Common Areas untIl PeaceHealth sells or otherWise divests ItS Date Received: PM,!, 25 I/RlVCIl3clld ( CRs ^S Rl,CORDfD 2008-4-8 doc] APR 1 4 2008 Original SubmIttal interest therein. 'PeaceHealth and every Occupant, and every invitee and guest of PeaceHealth, any Occupant, shall have a nonexclusive license to use and enjoy the Common Areas. Such lIcense for use of the Common Areas is not and shall not become an mterest or estate m the Property. Such llcense is subject to the Association's right to promulgate rules and regulatIOns governing the use of the Common Areas. PeaceHealth reserves the nght to close any or all p011IOns of the Common Areas in the event of an emergency that threatens the public health or safety. In the event any portion of the Common Areas IS taken by condemnatIOn or by sale in lieu thereof, PeaceHealth shall be entitled to receive the entire award resulting therefrom. 7.2 Additions, Deletions or Modifications to the Common Areas The Board may grant proposed changes to the Common Areas If such changes have been approved by a maJonty ofthc Board. If the Board approves such change(s), , the AssocIation will so notify all Owners 111 wntmg and take all necessary steps to makc the change to the Common Areas. Reductions, modificatIons and expansions of the Common Areas may be made upon an affirmative vote of a majOllty of the Board. 7.3 Deleted Land From the Common Area Any land deleted from the Common Area shall revert to PeaceHealth for development by PeaceHealth or for lease or sale to others by PeaceHealth, subject to these CC&Rs 8. EASEMENTS 8.1 Peace Health Approval No casement may be granted over the Property without PeaceI-Iealth's pnor writtcn approval, and, If the casement involved is over a Third Party Parcel, the Owner1s approval must also be obtained from the subject Ownel for any casement not within PeaceHcalthts r6scrvation ofnghts under an applicable ground lease. Any OwncI may request that PeaceHealth grant an easement, and shall prOVide to PeaceHealth the following mformation: (a) the purpose of the proposed casement; (b) the name of the proposed grantee; (c) the term of the proposed easement~ and (d) a drawmg showmg the proposed location of the easement. The form of the easement shall be mutually acceptable to PeaceHealth, the proposed grantee, and the Owner. PeaeeHealth shall notify the pat1y requesting the easement withm fifteen (15) business days following receipt of the infol111atIOn referenced above whether PeaceHealth will be wlllll1g to grant the requested easement. ~ , ~ ...... J Date Received: APR 1 4 2008 I/RIVCI Bend C( R~ AS RI CORDI]) 2008-4-8 docl Original submittal r,'AGL 26 8.2 Purpose of Easement Any easement over the Property shall only be for the purpose of instal1mg, maintaming, repairing and replacmg publIc or private utIlIty Imes, commumcatIOn lines, and related facil1t1es reasonably necessary and/or convenient for the dcvclopment of the Property and/or a ThIrd Party Parcel The precise location of the easement shall~be subject to the pnor approval of the Owner of any portion of the Property over which the easement crosses ("SerVIent Parcel") and PeaceHealth If the applicable Third Party Parcel is subject to a ground lease; whIch approval shall not be unreasonably WIthheld, conditioned or delayed. It shall be Ieasonable for the Owner or PeaceHealth to obJcct to a proposed easement if the same is to be located III an area In whICh the Owner of the SerVIent Parcel mtends to construct any above grade improvements In the easement nght-of-way or the easement, and/or the right-of-way related to same encroaches upon any existing improvements. Any requested easement over a Third Party Parcel shall be In wntmg and delivered to the Owner and PeaceHealth, together WIth the mformation referen'ced in Section 8.1(a) -(d) above. The affected Owner shall have a period of fifteen (15) business days within whieh to applOve or disapprove the proposed casement. 8.3 Responsible Party The party requestmg an easement (the "Benefited Party"), If applOval IS granted, shall be responsIble for all costs and expenscs related to the mstallatlon of the facIhtles for whIch the eas'ement is mtended, all of wInch shall be placed underground to the extent reasonably possible. The Benefited Party shall cause all work mvolved to be performed so as to not unreasonably interfere with the use and enjoyment of the ServIent Parcel and shall promptly restore the surface of the area mvolved to the condItIOn eXistIng pnor to the commencement of any work by the Benefited Party. The Benefited Party shall defend, mdemnify and hold the lessee of the SerVIent Parcel harmless from an loses, costs and expenses (inc1udmg reasonable attorney fees), ansmg out of and/or related to the work performed by the Benefited Party I elating to the easement The Benefited Pmiy shall prOVIde hablllty coverage, 111 a commercially reasonable amount, and wntten by a company authoi-ized to do business 111 the state of Oregon and otherwise reasonably acceptable to the lessee of the Servient Parcel. In the event that the existence of the easement granted pursuant to the provisions of thIS Section 8.3 I esults in any ad valorem property tax liability to either PeaceHealth or the Owner of thc ServIent Parccl thc , , Benefited Party shall pay the amount of any such tax. 8.4 Relocation of Easement The Qwner of a SerVIent Parcel may, from tune to time, at its costs and expensC?, , relocate an eaSel11el~t find the facilities located therein and the following shall be applicable: (a) there shall not be any interruption of utility serDate'Re~N~ffsts and expenses associated WIth such relocation shall be the responsibIlity of the lessee of the APR 1 4 2008 PA(,I- 27 I/R1\'Cll3cnd CCRs ^~ RLCORDI:D 2008-4-8 dOL] Original Submittai SerVIent Parcel. The parties agree to cooperate to execute and record any documents required to effectuate such relocatlOn. 8.5 Easements Required for Development of Property PeaceHealth shall grant easements reasonably necessary for the development of the Property over and across other real property owned by PeaceHealth that is in the immedIate vicimty,ofthe Property. Any Owner requestmg an easement shall funllsh to PeaceHealth,- at the time the casement IS requested, the followmg mfonnatIon: (a) thc purpose of the proposed easement; (b) the name of the proposed grantee; ( c) the term of the proposed easement; and (d) a drawmg showmg the proposed locatIOn of the easement. The form of the easement shall be mutually acceptable to PeaccHealth, Owner and the grantee. Any easement granted pursuant to thIS Section 8.5 shall only ~e for the purpose of installmg, mamtaming, repamng and replacing publIc or private utihty lines, communicatIOn lines, and related facilities. All such utility lines and facilities shall be underground, to the extent reasonably possible. The exact locatIOn of the eas~ment may be adjusted by PeaceHealth so that the same does not unreasonably interfere WIth the use of the other real property owned by PeaeeHealth. PeaceHealth shall have the right to relocate any easement and, in such event, the provisions of Section 8.4 shall be applicable All costs and expenses relating to the construction of the facilIties to be located in the easement shall be the responSIbIlity of the Owner or party requesting such easement. Upon completion of the construction, the Owner shall cause the surface of the real property mvolved to be put m a condItIOn substantIally the same as eXIsted pnor to the work being performed. Prior to the commencement of any work rclatmg to the casement, the Owner shall provide eVIdence of lIabIlIty insurance coverage relating to such work, SaId insurance coverage to be 111 a commerCIally reasonable amount, wntten by an 1I1surance company authorized to do busmess III the state of Oregon and otherwise reasonably acceptable to PeaceHealth and shall secure the appropriate penmts fro111 the CIty of Springfield. 9. AMENDMENTS TO THESE CC&Rs PeaceI-lealth must approve all amendments to these CC&Rs The Association may propose changes to these CC&Rs to PeaceHealth if such changes have been approved by a majority ofthe Board. If PeaceJ-Iealth agrees with the AssociatlOn's proposed amendment(s), the ASSOCIation will notify all Owners and Occupants 111 wnt111g of Its consent and undertake all necessary steps to make the proposed amendment(s). PeaceHealth may also propose amendments to these CC&Rs to the ASSOCIatIOn and make such changes WIth an affirmative vote of a majority of the Board. All amendments to these CC&Rs shall be recorded by PeaceHealth 111 the real property records of Lane County, Oregon. Date Received: APR f 4 2008 l/RwcrBcnd C('R, ^" lUcCORDLD 2008-4-8 doc] Original SubmlttMcJ] 28 10. ENFORCEMENT J PeaceHealth and the AssociatIon shall have the nght to enforce all of the covenants, conditIons, restrictions, reservations, easements, and changes now or hereinafter unposed pursuant to any provision of these CC&Rs by any appropnate proceeding at law or m equity, subject to any limitations imposed by these CC&Rs. Any remedIes speCifically provided herein are nonexclusive and cumulative and are in addition to all other remedies available to PeaceHealth and the AssoClatlOn at law or 111 eqUIty. Any Occupant shaH have the right to petition any court of competent jurisdiction to require speCIfic performance of any provisions of these CC&Rs. The Association reserves the nght to perfonn the landscaping and maintenance obligations of Section 6.1 if Owner and/or Occupant fail to perform such oblIgatIOns wlthm ten (10) days after written nobce. The cost of such enforcement by PeaceHealth and the Association, includmg but not limited to, interest, costs and expens~s of collection and reasonable attorney fees, will be assessed to the Owner and/or Occupant, and PeaceHealth and the AssociatIOn reserve the right to secure a lien agamst the Owner's Third Parly Improvements for faIlure to pay such assessment WIthin a reasonable tIme. 11. GENERAL PROVISIONS 11.1 Duration These Covenants, ConditIOns, and RestrictlOns shall run WIth and bind, benefit, and burden the Property, PeaceHealth, all Occupants, and the sublessees, lDvItces, and guests of all Occupants until Ninety-Nine (99) years from the Effective Date unless extended by PeaeeHealth as follows: PeaceHealth shall have the nght to lenew these CC&Rs for an unhmIted number of successive five-(5) year periods by recording a notIce to that effect 111 the real propeliy recOlds of Lane County, Oregon prior to the ongmal expIratIOn date as stated above or the eXpIratIOn date of the followmg renewal period. 11.2 Severability In the event any proVISIOn of these CC&Rs IS determined to be Invalid or unenforceable, that determmatIOn shall not affect the val!dity or enforceabIlity of ,\ny other provision or of the same plOvision to a different situation. 11.3 Non-Waiver Any failure of the Association or of PeaceHealth to enforce a covenant, condItIOn, or restnctIOn contained In these CC&Rs shall not be deemed to constitute a waiver of the ASSOCIation's right or of PeaeeHealth's right to enforce that t5 a~e ~er CQV&cr:nt, conditIOn, or restrictIOn contained 111 these CC&Rs. a ecelv. J APR 1 4 2008 I'AGL 29 l!Rlvet Bend CCR, A:" RLCORJ)CJ) 2008-4-8 dOL] Original Submittal 11.4 Waiver of Damages PeaceHealth and the Association shall not be liable to any Occupant or to any other person for its enforcement or failure to enforce any provIsIOn of these CC&Rs except as arising from PeaceHealth' or the AssociatIOn's bad faith. Each Occupant, by acquiring such Occupant's interest in the Property or by occupymg any portion of the Property, agrees not to bring any actIOn or suit agamst PeaceHealth or the Association to recover any such damages or to seek any other relIef agamst PeaeeHealth or the AssocIatIOn by reason of any such enforcement or fallure to enforye any prOVISIOn of these CC&~s. 11.5 Constructive Notice and Acceptance By the recording of these CC&Rs, each Occupant shall be deemed to have consented and agreed to every term, covenant, condition, and restriction contamed herem. I 11.6 Joint and Several Liability If an Owner consists of more than one person or entity, each of such persons and entItles shall be jointly and severally hable for any assessment 01 charge and for the performance of any other obhgation imposed pursuant to these CC&Rs. 11.7 Consent or Action In the event that these CC&Rs arc silent as to the standard for any consent, approval, determination, or SImilar dIscretionary action, the standard shall be the reasonable discretion ofihe party, rather than a sole discretion standard. 11.8 Captions The captIOns and headmgs of sectIOns herein arc for convel11ence only and are not mtended In any way to define, hmIt, or dcscnbe the scope or mtent of any sectIOn of these CC&Rs. J 1.9 Notices All notices under these CC&Rs shall be in wnting. Any such notIee shall be deemed cffectIve on the earlIer of the datc of dehvery or, Ifmailed, three (3) business days following the date of mailing, if addressed to the addressee at the address, If any, desIgnated in the Association's records. Notices shall be sent to PcaceHealth at the followmg address unless the Association IS notified of a change: - Date Received: APR 1 4 2008 I/R1\'CIBclld CCR, ^~ RLCORD!D 2008-4-8 doc] Original Submittal PAGI 30 ~ I ' PeaceHealth 1255 Hilyard Street Eugene, OR 97401 Attention: Chief ExecutIve Officer Copy to: PeaceHealth Legal Department 14432 SE Eastgate Way, Suite 300 Bellevue, W A 98007-6412 Attention' SeniOl Vice President of Legal Services 11.10 Attorneys' Fees In the event suit, action, arbitration or other proceed1l1g of any nature whatsoever, includmg; without lImitation, any proceed1l1g under the U.S. Bankruptcy Code, IS instituted to interpret or enforce any provisIOn of these CC&Rs, or with respect to any dispute relatmg to these CC&Rs, including, without lImitatIOn, any actIOn which a declaratIOn of rights is sought, the prevailmg party therein shall be cntitled to recover from the losing party its reasonable attorney fees and all other costs and expenses actually mcurred and reasonably necessary in connection therewith, and any other sum as the court or arbitrator may adjudge reasonable as attorneys' fees, costs and expenses at tnal and on any appeal. 11.11 Dispute Resolution If a dispute arismg under or mvolvl11g mterpretatIon of these CC&Rs (other than a dispute mvolvil1g nonpayment of assessments) cannot be resolved through negotial1ons between PeaceHealth and the Association, or an Occupant to the extent the dispute II1volves their interests, the parties shall submit the dIspute to nonbmdmg medIatIon. Any party may request medIatIon. The request1l1g party must suggest an independent mediator With the request for mediatIOn. If the parties cannot agree on a'medlator, any party"may apply to the Presidl11g Judge, Lane County Circuit C0U11, [or appointment of a mediatol - The parties shall share equally 111 the fees and costs of the medIator. Each party shall be, responsible for Its own attorney fees. Mediation shall be in Lane County, Oregon, unless the parties agree otherwise If a dispute IS not resolved by mediation, the pmiIes may, but are not required to, agree to submIt the dIspute to bindmg arbitration; in ,such case, the parties shall agree upon the arbItrator, or If they are unable to agree, to seek appomtment. of an arbltrator from the presiding judge, Lane County Circuit Court pursuant to the Commercial Al bitration Rules of the Amencan ArbItratIOn ASSOCIatIOn WIth the prevailIng pmiy awarded its fees and costs. If a dispute cannot be resolved by mediatIOn, and the partIes do 110t agree to submit the dIspute to arbitration, any party may file a lawsuit to resolve the dispute 111 a court with proper JUrISdIctIOn located 111 Lane County, Oregon. In case of an emergency, a party may request emergency injunctIVe relIef prior to g0111g through the claIms Plocedure outlined in this Section. Except to the extent Date Received: flRlvcll3cnd cc Rs AS RI C OR!)I [) 2008-4-8 doc] APR 1 4 2008 Original Submittai PAul- 31 perfonnance may be legally excused under the particular circumstances, each party shall continue to, perform its dutIes under this Agreement while the resolutIOn of a dispute is pending. 11.12 Exhibits Exhibit A (Descnption of the Property), Exhibit B (Development Standards) and Exhibit C (Map of the Common Area) arc attached to these CC&Rs and by this refelence made a part hereof. 11.13 Assignment of Rights Except as provided in Section 3 herein, PeaceHealth shall have the right to assign and/or delegate all or portIons of its nghts under these CC&Rs to another entity 01 entitles. 11.]4 Land Use Nothing in this Declaration of Covenants, Conditions and Restrictians IS mtended to 0,1' shall be construed as waiving any requirements of the Master Plan, Spnngfield Develapment Cade, or Spnngfield MU111clpal Code that may be applicable to the Praperty. IN WITNESS WHEREOF, PeaceHcalth has executed these CC&Rs an this 8th day of Apnl, 2008. PEACEHEALTH / " A Wasl;ingtan Nan-Pr?y,t-"C~,tyoratl~/ / /'" /" /r~ i!o /~ 'L/ ./"./' / to / -- By' / /' /;:' - / <- , -- -- Mel Pyne, Semor Vi~ President STATE OF OREGON ) ) ss. County of Lane ) The foregoing instrument was acknowledged before me thIS 8th day af April, 2008 by Me1 Pyne, as Seniar Vice President of Peace Health, a Wash1l1gtan nan-profit carparatian. "'~ :f~ 11 (l'C~'.)/j;Jl,l /( })7~-_ / (./I..~/f J!!14"C' / ~~~-:---'.'-"'~:*a'.~f 1, ([/(, t ./( V' _ jI>..I/~ {!.r/C/L '/ ~ (f)"" DEA~';f~Ctt,ALJ~WA'f! Natary Public for Oregan - / .' ~~ NOTARY PUBLIC-OREGON j My CommIssIOn Expires &&7(1 {II-.I!f U . ~ COMMISSION NO. 404486 : MY COMMISSION EXPIRES JlmE 4, 2010 :: ......._.;._...~-------.o.---..v Date Received: [/Rlvcilknd eeR, AS RLCORD!J) 2008-4-8 docl APR 1 4 2008] 32 Original Submittal EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY > \ purccll.)f hmd located III the ")(lutll",veM \lu.nkr OJ Scctit1n ) 4 ilnd Ill'.; 1:<1::.1 half of Section 22, thr;;: \\ est halt of Section 23. the southeasl qU<lncr ofSeclioll L 5, ,1lJ in rownshlP ] 7 South, R ;lnge 3 \V~~s(, WJllamcttc MeridIan, Lane Cuullty, OregoJ) .lild bcmg mOrt: pdrtl(~u]Hl'l'y dcscnbetl as fi.JHmvs: Commenting :1111h~ n0l1h,,,st COtT,t:~l ul the_{ViJl1,un J\.t Ste\'cn~ Donation L~l1d Claim No 4(l, Township 17 Snllth, Rang!.: 3 W~si, WiIlamcHe Mewlian; thene!.) along the cast line of said Donal1nll I.and Cla1l11 South ~4<'52'35" hlSt, 592 6 7 fc~~t, thence Ica\'il1g said cast ]n1e Nortb 88"16'40" V,'; cst, 27 -96 fl,~1;1 10 the Tme Point of Beginning of till' hel ein dcscnbed tract; thence South :24'-' 52' 3 'i" Ens!, 420 30 feet to the hegmmng of a 312.00 foot radius curve COllcaVe norlh.:ashlriy: lht;llCG soulhcrly W~ 05 feet along the rue of said curve thwugh a (enlral angk M J gC4426", wiih a long chord of South 3,F 11' 48" EasL, 101 60 ft?.;llo the heginnmg of 262 no foot radIUS reverse cur\'c concave southv.'c-&ierly. lhcnce south~as(erIJ 1')5 70 feet along the arc of S310 curve through a central ,mglc of 18044' 26", with a long chord of Snl1Ul 34c 14' -!-8" East, 85 ;t I fcc~, thence Soutll 24'" ,)2' 35" East. 2~2_30 reef, thence 1\01 th 670 17' J 1 " East. 268.22 teet to tho b0gmning of a 635 00 foot radius CUI'\ () con~'[lVC norlhmly; lh~Ill,.C ~astcrl) 122.52 feet along lh~ an: of said curve through a cemr<ll angle 0;' 11 (, OJ' 18';, With ,l long chord of 1\onh (, i (, .15' ')2" East. 122.33 il:d; thence South 22('A2' 291' East. 430 9~ fc(,t to the oldmiHY high walel 111lC or lbe McKcn7.Je RIver as shown 011 U.S, Aimy Corps of l::nglll0CtS Map 'vfK 1-1-.17, dat~>d May 2, 1 ()-f7, ,hence lollov.'JIlg 5..11<1 ordl1lury high \\ ate! line ill a 50UtJl\\'c,:,lLrly uJlectlon ?'U4S.77 lev! W <l pom! 1m th(; easterly projection offbe north IIJlC of a [rete! of land co;wcyed io F,e Y[\(mg b) J,,;cd tcl;orded in \."olurnt: 73, Pa~(; 5()~, Lmc ('ol1nty OICt~On dcd rct:onh. beanng South Vi"11'11" \\<\'Sl nom the last pninl; lh;:'llce alOI1~~ said casterly pro]u'l1on North ~S01O'40" \VcsL 129.07 fc(:( to the ]]orthcc,st Cori1-:! of :mid i'.G, y Olln~ tract; [hence contll~ulng along Salt! north line )Jorlh 8C;': 1 (J'4(J" W cst. %7.44 feet It.1 the nortlm e.,t corner of] 0\ 11 "First Addition to Buena Vi~ta", said pOll1t aho b'8mg lh~ :,owhv,:esl comer of Owl scrtJm tracI or land ucsedbcd in statutory \\'arrallty deed nxoldcd as D()(,ument Numbm 2001-08fS67, said point abo beillf, on tbe cast hnc ofl!i\: South.:m PaClik Railroacltract ;)l)andon~d to the: eJty ()r~pnl1gfieJd in Deed :-roo 0307441. s.aid nom! bemg funher (l(<:;('nlh;u as ,1 point of eLl:.,p of a 9R5 04 1001 radIUS non-tangent Cll1\(' ,,()nCa\'~ somh\\> estel ty_ Ji om which poiIl1 the ce!l1cl of me bears South 6'),>08' 11 > \lv' :;st: thCllC<? nOlihwc.7>terly ,11oJlg sRill tOast line ~UlJ the arc of ,),ud ClHYC 205 5'3 feeL through :l t,('mml angle oj 1l"57 1 W', with a lon~~ Ch01 d oi Korth 26' 50'2B" W ~~l'. :;()~ 1 G feet to the southc<t<;\ CUrfle) of it1f :-;. 1{lverhc{KL PlJast' T:- flied. as County SUI"\ ey I lie Number Y}8lJ. Lane Count) Sur: C:)i gt'COI'C~, ii<lld pOInt being further dc."cnhcd ,,1$ il pOll:t \)1 cusp of J. R99 ~C) fnot rildiu"- mm. rmlgt'l1L cmve conC.lve l;;1stcdy, 'from which pt1ll1t the cGnh:r oLue bcal~ 0JOlth B7"4S' 38" LJSl; Ihcnct' lea\' in)! Date Received: 1, 'V'l IIRlvclBcnd C(,R~ A~ RI CORDLI) 2008-4-8 doc] APR 1 ~ 2DD8 I'AGr 31 Original Submittal ~a1d ea..t line nfthe City of Spriligficld tract l1ol'lhcrly along the easterly lUld northerly ljne~ (~f sald lot 3 (ht; [olh)\\ U1g S~VCI1 (7) courses and d!~tances r) NOlihcdy a,ong the arc of said curve] 05 04 feet. through a cell1ral ,mglc 0 f (lh "41' ':4", with a long chord ofNonh (Jl v09'20" E.lSL W4,98 fect, thence 2) North 15c-O..j.'..j.Y" \Vest, g.t 25 feet 10 th~ b0ginnmg or a 1177 SO tnot 1l0\Hangcnt curve concave easterly. from winch pomt the center of curve bears SOllth ~J"22'55' Far.t, thence 3'1 nonhcrly 15 46 (ect Cllong th..:lllrC of'it-lid cun c thrOllg)l a cc<ntral angle 01'00"'45'09" \~ nil a long chord ofN011h 06<'>59'39" East, r 5 t.16 fe~t: thence 4) }JOlth 07cU~':}2" hl<,l, 7655 feet' thence 5) NOl1h 36~'Ol'OI" East 61 53 feet. thence 6) North 07G221} 0" East, 174.22 feet to the southeast ('omc.;r of Pared 2. pel COUllt), Sun ey File 39%R hdng Parhuon \hUllbcl 2006-1'2030_. LancCollJ1lyPiat Records; thence 7) along the south line.; or :>aid P<un:l 2 NtHih 8~"12'42" We::;! 284.62 feel to a pOUll on the l'-a~t margin hn\:' of Game F'<lI111 Road (County Rm.~d No, 3)~ Ihence COIncident with said CHst margm hll(, (he followll1g four (4) courses and distanct,'s 1) North (W'49'36" West, 30547 fC<.1t: thelWC 2) Somh S8<>1~'32" EaSE, j 01 It'et; thc11ce 3) ~{)rth 01049']6" \Vest, 7-16.71 feet to; thence -+) North Ol~'U7'36" West, 21U6 feel to 1ho southwest comel ofPal'llIIOIl Plat No, 2002- P1627. Lan~ Ce.unty Plat Rccordf>; thellce leaving said enst maq!in 111le along the south, -CUM, und liorth hues of said I\lrtltlnn Plat No 2002.1'1627. the- fo))owl11g thr<:c (3) courses and dlslance,>: II South 8~016'40rl East. 427 ,()U feet: thence 2) "\:iol1h 02'06' J 6" W cst, 411.60 fe-:t, thence 3) :\Jonh 8R,jl (~"IO" West, 22(1 51 tCl~l ~() the nOlThe,lst <'onWl" of Pm cd I of Sind par!ltlon plat~ thencl,: leaving said Utl!th lill\;" aloll~ 11K C'<.!s\<;lly huundcuy of:<.md P,uct.:l i South 02''>06'1 ()" East 371.51 fl\Ol to the southeasterly corner thol('of: t]wnc(; aton~ he southelIy line of SaId Parcel I :-.Jorth 8S') I (j'41 " \V~..,t, 20() 41 (0 a poml on the easl margm lme of Game Fmn, Road (Counly Road No, :.); Ihene0 COinCIdent "'llh sajd e::1st mal g;n [me the iollowlil~~ cl~'ht (8 f courses and distancu;' 1) "\Io1'lh Ol'-5?-152" \VC'$t, 57 i.42 fee!; thence 2) North 01 C()7'3(;" West, 110.62 feel. ..hence 3) "North 0202'l'~6.t We~t, 192.37 feet 10 the hcg;lnnmg of l\ 35.00 foot non-tangent curve concave southeasterl) fl0l111Vhich pom! llJe t:enter 01 the arc be;>J~ South 78 ''4(J'S1 ' ba<:1. lbene..: 4) nOl theru.terly 23.40 feet along the arc of satd c.ur\'e through a centra 1 angle of %'"'26'24", '.vilh a long chord ofNol1h 30<' 32' 21" East, 2JJJ4 feet to thi.' hcgm11lng of 4000 foot Date Received: APR , ~ 100S 1'1\(,1 34 I/Rlvctl3cnd CCR~ AS RI:CORDED 2008-4-8 docl Original submittaL- radms non-tangent I cvcrsc cun e concave \vcstcrly, flOm wludl pOlllt the center of (ire hem s l\orth .10"] 4'27" Wesl, thtOl1u:: :)) Donhc-rly:;)7 07 iee! a!nl1g 11ll- me ofs,ud CllIve through ,1 ~entu'\l angle of 124' <n' 4 t.., with a long chOJ d o[Nonh 12" 35' 48" V;c.:hl. 70.87 fe~t, thence. 6) "JOJ1h O~~ 2.r 36" Wes:, .W,~O feet, thence 7) South 07" :-4' 37" East. S.U2 fee; ~) 1\:o1'tl1 02"2-1'36" \\'csij J 22.68 [(\;t to Ill€: llorthvvcsi CornCl 01 thaI cCliam trdcl 0 nand conw) ~d 10 Peace Health, a V\' dshmgtoll non-plOfil corpOrJholl. deSCtll)CU 111tlw :-tatntory WmTdl1ty dce{l reCOl'dt:{[ Dc(.;cmbcr 31. 2(1)1 n~ Fcc 1\0 2COi .0885i2, Lane Cnml) ()rq~on Deed Records; thence 1ccl\'lllg smd cast rnmgmllIw along the northclly'llflc ofsald Peace Hedlth tracl the h:)llowmg three (3) cOUl'ses and distances' II South 88~ l3'':,}'' E,Jst, 347.59 feet; thence 2)' Nortb 01"56'33" Eac;t, 65/12 f~el, thence :1) North 01054'(}3" East 15090 fed: th~nc\: lcav11lg :'iaid Jlorth 1mr: North 9tY.OO'OO" Ea$l, 170.78 Ct.;t1. thence South 88013'23" East, 137 3] feet to a pOint 011 the llorlhC'rly lllW of SHtd P<;<lCC Health tract describcd 111 SaId stalutOlY warranty dc.,;d recorded December 31, 2001 ,l~ fee No. 2001-088572, Lane County Oregon Deed Records, IhencC' ~oulb 2J{,56'24" Ea:;l. 276.88 fect to a point of ellsl} of a 45l\.00-foot radlus non-tangent , ~ curve concave southerly. from \vlllch pomt the center of ale bears South 00'32'0[" blst, thence eastetly along the ::Jrc of$aid curve 18,03 fect, tluough a 9cnhal angle of02.,}15'21". \\llh <llong churd Of$Olllh 89'-2.4'20" East, 18.03 fCt't; thence South 88"16'40" East 3XI 5'.1 reet; thence \lOIth 75<>::~4'41 H E,'~l 33 83 feet, thence SQuth 88~'16'-tO" E<l~L S2B, 19 fl;Cl to smd Point. of Beginnmg Contall)[11~~ 5.022. 7~6 ~qtl~.J.rc feel (115.307 dCICS). mOle or lc&s f flE01S1 EHED 'l ~ PROFESSIONAL J' LAND SURVEYOR 'v,L~~ ft-( iOY~P(( " mON ~ '~, ) JA .15, ::0002 ' . DANNY M, DENNtNG : ~M6<lO , ,,p- L'i:~,'r[!~~~~-.Jd.L:5/ /u-:j.'1 Date Received: AP:~ i !; 22~3 Of/9i(i&.; ~"'~,._., , ,-,~..i~ I 'uiQ. -- I'AGl;15 liRlvcrl3cnd CCR~ ^~ RITORD1'[) 2008-4-8 docj RlverBend Campus Design GUidelines INTRODUCTION GUiding Principles, EXHIBIT B DEVELOPMENT STANDARDS RIVERBEND CAMPUS DESIGN GUIDELINES TABLE OF CONTENTS RIVERBEND DEVELOPMENT STANDARDS Architectural GUidelines BUilding Materials GUidelines Landscape GUidelines Lighting GUidelines Sign GUidelines Streetscape GUidelines I/Rlvcl'13cnd C CR~ AS RL( ORDl () 2008-4-8 docj ..2 3 4 5 7 . 8 10 Date Received: APR 1 4 2008 Original submittal l'AGL 36 RlverBend Campus Design GUidelines INTRODUCTION GUldlna PnncIPles RlverBend IS a mixed-use development within the RlverBend Campus, located In Spnngfleld Oregon The Campus embodies a totally Integrated community adjacent to the McKenzie River It IS Intended to be a live/work community set within a special environment that lifts the splnts RlverBend IS committed to the protection and enhancement of this beautiful setting while creating opportunities for all members of the community, and VISitors, to engage In nature as an Integral part of the liVing and healing process To this end, all development shall strive to protect the eXisting natural features, while maintaining the best pOSSible views of the river, trees and the panoramiC views of the Coburg Hills BUildings shall be positioned so that they blend with the natural features of the site and their surroundings Each development project wlthm the site shall complement the landscape and deepen people's appreciation of the site The campus creates a pedestnan fnendly mixed-use development that encourages transit use, walking and bicycling The hospital, which IS the primary employment center of the campus, and the BRT transit station have been centrally located to proVide easy access, Within walking distance, to the entire development Medical SerVices, Medium DenSity ReSidential and Core Commercial Development have been located so that these services are also available Within easy walking distance Parks, open space and public spaces have been prOVided throughout the campus The master plan for RlverBend does not rely on a strong geometric pattern, aXial grid or other formal Circulation structures Rather, It IS based on the natural systems of the site and Intended to enhance the Identifiable site amenities that already eXist Open space, pedestrian and bike paths are located throughout the site and are Intended to connect reSidents, employees and VISitors to the entire community The new campus will have a regional hospital that IS committed to prOViding pattent an'd family centered care that honors the total patient experience In a healing environment Accessory Medical SerVices, such as Medical Office BUildings and a Continued Care ReSidential Community, are planned to compliment thiS mission A vanety of residential living chOices are Included In the development to accommodate a Wide range of preferences and market segments These are Intended to Include senior liVing units, condominium ownership, townhouse ownership, garden apartment rental Units and rental apartments above retail and commercial space It IS the goal of the development to allow bUSInesses to be located In a variety of settings These Will Include faCilities that support stand-alone medical serVices, profeSSional offices bUildings, as well as retail and a mix of commercIal With reSidential uses The objective IS to prOVide a vanety of hVlng, working, and shopping experiences for the entire RlverBend community as well as the greater Lane County region Date Received: APR 1 ~ 2008 Original Submittal -- - I'AGI 37 I/Rlvcllknd CCR~ AS RLCORDLD 2008-4-8 do~l RlverBend Campus Design GUidelines ARCHITECTURAL GUIDELINES GUideline Individual bUildings shall contnbute to the overall cohesiveness of the campus Descrlotlon These Design GUidelines are to encourage the development of bUildings that embody the endunng qualities and character of the entire RlverBend campus Architectural matenals, roof forms, proportions and architectural elements shall be consistent with other facilities on the campus In order to ensure that all bUildings contnbute to a consistent sense of place It IS not the mtentlon to dictate a particular bUilding style However, It IS the goal of these gUidelines to promote architectural expressions that are compatible to the Pacific Northwest, Oregon and the greater Lane County area ReoUlred The framework that establIshes the architectural character for the campus IS as follows o Each bUilding shall express a dlstmctlon between the base, middle and top of the structure This shall be done with matenals, proportion or architectural elements o The pnmary bUilding matenal for all bUlldlng facades shall be bnck masonry units of a color compatible with the RlverBend Campus I o BUlldmgs that prOVide only residential accommodations may Ilave a mixture of bnck masonry compatible with the RlverBend Campus and a combination of wood siding The minimum amount of masonry shall be 20% of the total facade surface area o Medical office bUildings shall prOVide covered automotive Portecocheres or protective covenngs at major pedestnan/automotlve entrances to each facility o Sloped roofs, or the appearance of sloped roofs, shall be the predominant architectural roof expression Roof massing shall create a skyline composed of interesting forms and details o VanatlOn and relief to the bUilding's facades are encouraged In order to add Interest and VIsual delight Not Permitted o BUIldings that have unartlculated or homogenous facades o Excessive use of contemporary cladding matenals such as metal panels, spandrel glass or synthetic cladding o Flat roof lines -0 .Expanslve metal-frame storefront windows that are not broken up at the ends of the bUildings and at the structural column lines, "strip windows" Date Received: APR 1 4 2008 Original Submittal I'M,1,38 I/RlvC1Bcnd CCRs ^S RCCORDf]) 2008-4-8 doc] RlverBend Campus Design GUidelines BUILDING MATERIALS GUIDELINES GUideline Use matenals that create a sens~ of permanence and that of timeless elegance are strongly encouraged Descnotlon In order to promote a unified architectural character throughout the campus, a similar palate of bUilding matenals shall be utilized The utlllzatlon of quality wall matenals will provide a sense of permanence and will reduce unSightly maintenance needs Articulation of wall matenals shall be expressive with attention paid to prOViding a vanety of depth, Visual relief and texture to the bUilding Reaulred o The base of each bUilding shall be of a matenal that expresses the strength of supporting the upper walls as well as the phYSical requlrem'ents of protecting the building from the ground elements Stone, concrete, pre-cast concrete masonry Units or bnck are an appropnate expression o Wall matenals shall be predominantly bnck masonry o Roof matenals, VISible from the street or sidewalks, shall proVide texture and VIsual relief Standing seam metal roofing, tile, slate or synthetiC matenals that replicate natural roofing matenals are acceptable o Windows shall have articulated frames, sills and headers Mirror glass IS not allowed o Doors shall have large glass areas and shall be articulated In order to prOVide a welcoming expenence Narrow style door frames shall be used o Allan-site or on bUilding mechanical storage or trash containments should be located away from major entrances to the faCility o Architectural Screens shall be prOVided to hide mechanical, storage or trash containments These shall be bUilt of the same materials as the pllmary bUildings that they serve o Natural, understated and subdued bUilding colors shall be the predominant bUilding color Not Permitted o Plain concrete masonry Units, such as concrete block o Extenor Insulation FInish Systems (EIFS) or other synthetiC plaster wall covenngs o Canvas awnings, tent structures and other "non-permanent" bUilding elements o Unartlculated roofing materials or bnghtly colored matenals o Brightly painted or overtly bold colors ~ Date Received: APR 1 4 2008 Original Submittal , i' I'A(;L 39 r/RIVCI Bend CeR., AS RFCORDl f) 2008-4-8 dOL] RlverBend Campus Design GUidelInes LANDSCAPE GUIDELINES GUideline To promote a special environment that lifts the splnt while reinforcing the natural beauty of the RlverBerd site Description The landscape shall strengthen the sense of RlverBend as an enVIronment of healing Plant matenal shall be planted throughout the campus, provide a pleasant and calm enVIronment that matches the sIte's ecological setting and compliments the campus architecture ' o Entrances & Pedestrian Areas Places In the publiC's view such as entrances and pedestnan areas should be planted to pro-vide year round visual Interest and reinforce the sense of continUity of the campus Plant matenal shall provide a welcoming appearance and encourage pedestnan use of the campus o Plant Palette In order to establish continuity of character, plant palettes have been assembled for the landscape zones on campus These palettes are Intended to be used as gUidelines for deSigners establish plans appropnate to each condition Matenals are Intended to be planted In groupings In order that deSigners establish visual continUity throughout o Screening & Buffenng Areas such as parking lots, loading area and utility areas should be planted to permanently screen their view Matenals should be selected that are evergreen and grow to a suffiCient height and ,density to eliminate views to these areas on a year- round baSIS o Parking Lots Trees In parking lots should be selected to provide suffICient canopy to shade the lots and proVide visual screening from above Tree types should also be selected to establish Visual continUity through-out Shrub and ground covers should be hearty and proVide Visual breaks In the lots through continuous planters throughout the lots at a minimum 120 feet on center o Bloswales Bloswale plantlngs should be selected to meet the crltena for rainwater filtration and prOVide a Visually pleasing element In the landscape Matenals should be selected that do not outgrow the areas prOVided and can be maintained WIthout hedging or severe pruning o Rlpanan Zone along the McKenZie River The McKenZie River IS the highest value asset of tne campus Plant material must be ,carefully selected to establish a natural enVIronment while allOWing closed, open and filtered views of the nver. Planting plans for the areas adjacent to the hospital havb t R . been completed and should be used as a model for other areas along the fiver a e ecelved: o Roof Gardens p ~rB) 1 4 2008 I/RIVCI Bcnd (,CR~ AS RLCORDH) 2008-4.8 dOL] Original Submittal RlverBend Campl,ls Design GUidelines Roof Garden plant matenal should be selected for ItS vlsualmterest and ItS ability to thnve In the limIted sOil environment The plant matenal should be established In patterns which are interesting for both those uSing the garden and those who view It from above o Automatic Underground Irngatlon Systems The entire campus should be Integrated wIth efficient underground Irngatlon systems All systems should be established to be able to be mOnitored and adjusted over time to ensure suffiCient water IS being used without over watenng areas o Plant matenal shall be selected for enVlfonmental SUitability, naturally dlsease- resistance and shall be ecologically appropnate for the climate and enVIronment of RlverBend o Landscape matenal selected shall minimiZe the use of fertlltzers, minimize the use of extensive watenng, and minimIZe maintenance Including excessive pruning or weeding Not Permitted o Natural and/or man made elements that Impact the quality and character of the McKenZie River o Use of plants that reqUire excessive maintenance and/or pruning or are not Indigenous to the general landscape culture of Oregon o Large expanses of unplanted unpaved plazas, parking lots or other paved areas o Expansive areas of bark, mulching or unprotected earth o Asphalt concrete walkways Date Received: APR 1 4 2008 Original Submittal PAGI 41 [/RlvCI Bcnd (CR" A <, Rl'C ORDLD 2008-4-8 doc] RiverBend Campus Design GUidelines LIGHTING GUIDELINES GUideline. Landscape and bUilding lighting shall provide safety, secunty and Identity throughout the campus while creating a pleasant ambiance that does not distract from the campus atmosphere lighting on the RlverBend site should ensure safe circulation and bUilding security without compromising the unique natural setting, the healing campus environment or the ability to expenence the night sky Description lighting design and layout for the SHMC gUidelines shall be adopted as the model for the entire campus Lighting shall be used to create effects of visual Interest that highlights the features of bUildings, landscape and site amenities Ornamental street and walkway lighting shall be proVided throughout the campus With a compatIble quality of light and style ReaUlred o Lighting the parking lots shall match that of the quality and quantity of the Sacred Heart Medical Center (SHMC ) o Pedestnan Areas and Walks to meet SHMC quality and quantity o BUilding Lighting shall not be excessive and shall be approved by the Design Standards Review Board o Architectural lighting shall be used to arllculate the bUilding design and shall provide a sense of scale and character for the pedestrian expenence o Lighting With a histone style and character IS encouraged o The standard for lighting poles shall match SHMC o Seasonalllghtrng on trees and bUildings are encouraged, but may not be placed pi lor to one month before the holiday and IS required to be removed With two weeks of the holiday o Bollard lighting, that IS directed down-ward toward surfaces In pedestnan walk-ways wherever prudent o Metal halide lighting shall be used throughout the campus o Light fIxtures and poles that are consistent With the architectural character of the SHMC site and RlverBend Dnve, shall be used Date Received: APR 1 4 2008 IlRlvclBcnd CCRs ^S RLCORDI:I) 2008-4-8 dm,j Original submiti!U\~)J. 92.. . . RlverBend Campus Design GUidelines SIGN GUIDELINES GUldelme Signs shall be architecturally compatible and shall contribute to the character of the campus Description Signs shall not detract from the architectural qualities of the bUildings or landscape Directional signs used to Identify and direct vehicular and pedestrian traffiC shall be designed consistently throughout the campus Slgnage should follow a unified theme, and should follow the model of the SHMC Required o Site Identification Signs Each individually developed bUilding shall have on site IdentificatIOn sign In the event that the primary bUilding occupant occupies 65% or more of the total gross square footage, the primary occupant may display their business name on the site sign, below the bUilding address In an area not to exceed SIX square feet Name may be completed m occupant's logo style o BUilding Identification Signs Each bUIlding shall be allowed one bUilding Identification sign The purpose this sign shall be to display the name of the bUilding once a vehicle or pedestrian has reached the parking area This sign shall be freestanding, located In the proximity of the bUilding entrance, and not vIsible form the publiC thoroughfares This Sign shall be Integrated mto the bUilding landscape Sign shall be constructed of stone or masonry complimentary to the bUilding architecture Sign shall be Single Sided and Illuminated only by ground mount lights No indiVidual tenant names may be Installed on thiS sign except If the primary tenant In the bUilding occupies 65% of the total gross square footage or more of the structure In that case, their name may also be Installed on thiS sign In an area dIrectory below the bUilding name, not to exceed 9 square feet In total ThiS tenant name shall be allowed 10 their logo style, applied In cut indiVidual letters The overall size of thiS sign shall not exceed 4 feet In height and 6 feet In Width excluding the base, but 10 no case shall sign exceed 6 feet 10 height when mounted on base Not Permitted o No bUilding mounted signs are allowed, except for bUilding address These shall not exceed 12" In height and may not be Illuminated BUilding addresses to be mdlvldual dimenSional characters and must be Incorporated Into bUlldrng deSign and finishes o Campus logos and architectural symbols are not permitted as part of any bUlldrngDate Received: Nor may any bUSiness logo be Incorporated IOto any bulldrng facades !/RIVCl Bcnd C'CR~ AS IU ('ORDLD 2008-4-8 doc] JU')r'! P^~iL'4;3)i"1 j~~~... " .... C_....J Or Iglna. Subrmttal RlverBend Campus Design GUidelines o There shall be no Illuminated signs or neon signs placed inside the bUilding that are VISible from outside the bUilding o BUSinesses With exterior entries may apply vinyl letters to the glass Within their space, only for Identification and to denote hours Lettenng shall be white and shall not exceed 6" In height o Retail outlets located Within the mixed-use zone will have separate slgnage gUIdelines that a~e not part of these gUidelines o Temporary signs and banners attached to the face of bUildings o Signs that through color, shape and Size, adversely Impact the archlte~ture of the bUildings and landscape o Window Signs that excessively restrict the view Into and out of bUildings o Signs painted on fabnc awnings or valances o Temporary slgnage such as leaSing sales and advertiSing are not permitted on any bUilding ThiS type of Slgnage must be mounted In the landscape and is not to exceed 16 square feet All signs must be removed Within 14 working days from the time It IS Installed and cannot be reinstalled Without the approval of the DeSign ReView Board \ Date R@ceived: APR 1 4 2008 Original Submittal I'Ni!'44 I/Rlvell3cnd CCRs AS RLCORDLD 2008-4-8 doc] . .. RlverBend Campus Design GUidelines STREETSCAPE GUIDELINES GUideline RlverBend streetscape and site furniture gUidelines are Intended to create a distinctive sense of place that provides a pedestrian friendly atmosphere through out the campus DescflDtJOn Proposed SIte amenities shall prOVide ample pedestnan gathering spaces, gateways to the site and bUildings, pocket parks, seating areas and distinctive art and architectural detailing to create a sense of place appropriate for the Pacific Northwest and the RlverBend campus Site furniture Includes kiosks, gazebos, trash receptacles, outdoor seating, bike racks, storage sheds, and utility and trash enclosures fences and other site amenities. These shall conform to the design Intent and materials already established at SHMC ReaUlred o Trash, utility and storage areas shall be enclosed and screened In such a way that they are not Visually accessible to pedestrians and bUilding inhabitants These shall be compatible with the materials and architectural details of the pnmary bUildings on the site o Detailing of site furniture, hardscape and other amenities that prOVide character, texture and hlstoncal style to prOVide Visual delight o Covered seating areas and bike storage areas In places of waiting and gathenng o Site art and sculpture that enhances, delights and prOVides a sense of place o FenCing shall be of endUring matenals that offer a vanety of scale and detail Date Received: APR 1 4 2008 Original SUbmittal - PMJL45 [/Rll'clBcnd cc R., AS RLCORDLD 2008-4-8 doc) ~ . RlverBend Campus Design GUidelines Not Permitted o Solid fencing with monolithic use of wood or metal o Sidewalks, plazas and parking areas without pedestrian enhancements and amenities o Monolithic paving and planting that does not prOVide a vanety of material and pattern o Overhead utility, power and communication lines These shall be located below grade o Exposed satellite dishes o Exposed microwave or other communication devices o Chain link fencing of any kmd Smokmg pavlllOll:', or desIgnated aJ cas \V]((lIn 25 feet of any publIc ently poml r ~ Date Received: APR t 4 2008 Original Submittal J>!\Gl 46 I/RI\'cl Bend ( CR<; A'> RI CORD!'D 200g-4-8 doc 1 _ ill ~ '" RlverBend Campus Design GUidelines EXHIBIT C MAP OF COMMON AREAS ../ f ,p>/ ~ ~ O,'ro ": i ~ i s 'p 4' ~ f {~ ~ ~ ~ #' .,/' ~ 'i ~;~ s 11 ~ ~lI' i 1€ ";t' \, ~"- ~:O-:C:7J.- r-;- T~ 17 ,ll "--'-~;'~\-~-~~r~/,p1)~{(-t"(~=-;f\\::~>' ~ ., ~ ~ "~; ,\\ \ :: ~,........-' g _~ ~~ '" I~ i1 I I S ('r ~~, -:.;.::::~.. ' : Jr ~ ~ (/ ~: : /./<: I{ fi . -....., ~I(j " r · i/~I " II ,,~~! I ;Y t<:r 1 .. H..~ ~"-~ .~,,~ ~ l :J~ ,I.. 1:':}, -~~ ~.,~ '~'I,~ ~~ ,1~: ~~- ,'. ~- -1 ~ ~~ :!. 1/"'" ;;; _ I ~~:... ~~ (~~ - J- r" _', --~,/ \"" ' ,onwv."""""-WA< , ~~ ~J ' -''';:/',- ., ~-;':'s-_ I , ,-.;:./.#- /) "- "', '-"~\, ~" "\, > _ ~\. ~\ ,y' '-, "<t.". ' " ~~;::/"'\ '" / 'J \ ;[ '- .:" (" \ \\ " " ,of, \."'~\~ \'~ // '~,' .\,,' V '\ ~ \ \ , , " \ , \ \ ....." '-.,.,,\ ......,,- 'I .- \. /' ,,/ ~ ~ '- ~~ / / I, /r r , ' ,,--// // ~ I, '" . n ~ 8 ~ :; I) m ~J u. I ,- L...: ~~ ~i ~~ ~ ~~ R~ . li~ ~ n ~ 0:: ~ ~ 3: n" ,. on ~ ~A ~ ~~ ~ ~~ g S;, '" "'''' ~< >l<l "'w 2 o n > ~ Iii " , '- " ~-,5 'v/ ~ '- '-, " ", " '-j-'I i :, r 1 " 1'1 ) ". ...1.., <> ' '~I '."I'''['~ ~ _ _ -{ 2~"" t'!" .0> J: )....1 \ ',... ti: ~---.-, "'. ~ ,;~i_.' l.il'l ,~,~ ~ ~ ,* ~I" ~~~ ~Il: ~Is ~ ~I~ t "f-'~ . J~~j~ ~It ~j,~ ~IP' ~lt'~lg ~ ~iij M I; ;: l,; >~! 8 1(.> 1S1.... 4..1 -'j<': '-II..:...: ....... f.16:: f ~ ~l~ ~ ~'I!; ..,;1 ~I~l~,&l B "I '~, " [/RlI'{.dknd CeR, ^~ RI CORD1'1l2008-4-8 doc] , , '0 (l) gg > 'ii) ~ . 0 C\1 (l) ~ ..... ct: - :t:: E (1) R: .0 - ::J m <:( (j) Q ctJ c '0, .~ 0 I'M,L47 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of RIght to Remonstrate) REFERENCE DOCUMENTATION I DECISION S U B2006-00044 CONDITIONS(S) #6 I - IN CONSIDERATION of the covenants hereIn recIted, the City of SpringfIeld, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to. as Appllcant(s), do covenant" and agree with respect to the real property described below as follows 1 Applicant warrants and represents to the City of Springfield that It IS the owner of the property more particularly described and set forth In Paragraph 7 below and, as owner, has the authority to enter into this Improvement Agreement with the City of Springfield 2. Applicant(s) desires Development Approval from the City with respect to the follOWing Development Application SUB2006-00044. 3 The development will cause both an immediate and long-term demand on the various public facIlities of City and Lane County including the specific public improvements necessitated by the development as set forth In paragraph 6 4 ThIs ImprovemE;3nt Agreement is an alternative to imposing a condition on Applicant's development approval that the Applicant make immediate construction of any public Improvement that the development necessitates The objective is to promote effiCiency, coordination, and spread costs by providing an opportunity for a district Wide Improvement mechanism where construction occurs in a cqordinated project With the participation of adjacent and other properties In the area, Instead of requiring immediate Improvement In conjunction with each development application. There IS no guarantee, however, that such a coordinated project Will be pOSSible and the City reserves the right to reqUire construction of the Improvements In the future at CIty discretion . 5 (a) Applicant and City agree that Applicant) Will pay the cost of the following public faCIlity Improvements deSCribed in Paragraph 6 in accordance With respective cost assumption poliCY establIshed by City at the time the City determines to undertake and complete such public improvements (b) Applicant and City acknowledge and agree that the cost of such improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned If the Improvements were constructed Immediately or by Applicant now or later ' (c) Applicant acknowledges that the timing of the construction of such Improvements is within the sole and exclusive direction of the City. 6 (a) STREET IMPROVEMENTS along the frontage of St Joseph Place and Baldy View Lane, through Lots 8 and 9, to Include. [;gI surface paving, [;gI storm sewers; 0 sanitary sewers; [;gI curbs, [;gI gutters, o planter stripS, [;gI street trees; [;gI street lights, [;gI Sidewalks. Date Received: APR , ~ 2008 (Bar Code Sticker) Origina\ submitta\- AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of 3 (b) TRAFFIC SIGNALS at the intersection of N/A (c) OTHER IMPROVEMENTS N/A '- Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropriate City codes and ordInances Applicant acknowledges that it understands that the improvements made will be those reqUired to bring the street to full urban standards for the then current functional classification of the street as those standards exist at the time the Improvements are made- and may, therefore, differ from the list of Improvements checked' herein. 7 LEGAL DESCRIPTION' The real property described as Lots 8 and 9 of the plat. RlverBend, Phase II, dated , and recorded in Lane County on 8. City agrees that Applicant's execution and performance of the terms of the Agreement will be deemed to be In compliance with City's policy pertaining to Improvement requirements, and If Applicant complies In every respect With all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and conditions of approval set forth therein 9 This agreement is enforceable by the State of Oregon, Lane County or City 10. APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS. Applicant does not waive any right to protest the amount or manner of spreading the assessment thereof, If the same shall _ appear to the Applicant to bear IneqUitably or! unfair upon said property of ApplIcant Applicant's acceptance of the non-remonstrance condItion IS In consIderatIon for the City's waiver of the requirement for the Immediate construction of the public Improvements that the development necessitates. This improvement agreement waives the property owner's right to file a written remonstration It does not waive a property owner's right to comment on the proposed district or any related matters orally or in writing 11 It IS the Intention of the parties hereto that the covenants herein contained shall run With the land herein described, and shall be binding upon the heirs, executors, assigns, admInistrators, and successors of the partIes hereto, and shall be construed to be a benefit and a burden upon the property herein described. This Agreement shall be recorded In the Lane County Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of thiS property, you are advised to diSCUSS thiS Agreement With an Attorney of your chOice. Execution and recordation of I thiS Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property described in Section 7 and their heirs, successors and assigns. These reqUirements include but are not limIted to the payment for the public Improvements described in Section 6. ThiS may result In an assessment lien on the Real Property described in Section 7 and Significant costs to the Owner and Purchasers, and theIr heirs, successors and assigns. An Applicant's signature on thIS Agreement indicates that the Applicant has thoroughly read thIS Agreement, understands It, has had the opportunity to consult legal counsel prior to its execution, and understands that execution of the Agreement may result In Significant financial obligations Imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by this Improvement Agreement should 'also thoroughly review thIS Agreement, consult with legal counsel prior to purchasing the property, and understand that thiS Agreement may result in a significant financial obligab>~Erf{%1r&' d" upon any Owner of the Real Property described In Section 7 Ive " Page 2 of 3 APR 1 4 2008 Original Submltt~1 , WHEREFORE, the parties have hereunto set their hand this day of , 200 (SEAL) (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of ,200 before me, the undersigned, a notary public in and for said Cpunty and State, personally appeared the within named whose Identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that Is/are the of and does acknowledge saId instrument to be the free act and deed of said Corporation, and that the seal affixed to said Instrument IS the Corporate seal of said CorporatIon, and that said Instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon CITY OF SPRINGFIELD By Dennis P Ernst - CIty Surveyor STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of , 200 before me, the undersigned, a notary public In and for said County and State, personally appeared the within named Dennis P Ernst whose identity was proved to me on the" basIs of satisfactory evidence and who executed the within instrument and acknowledged to me that he executed the same freely and voluntanly IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon Date Received: APR 1 4 2008 Original Submittal Page 3 of 3 J. I. IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) REFERENCE DOCUMENTATION I DECISION I SUB2005-00012 I CONDITIONS(S) 1#9 IN CONSIDERATION of the covenants herein recIted, the CIty of Springfield, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Appllcant(s), do covenant, and agree with respect to the real property described below as follows 1 Appllcant( s) warrants and represents to the City of Springfield that It IS the owner of the property more particularly described and set forth In Paragraph 7 below and, as owner, has the authority to enter into this Improvement Agreement with the City of Springfield 2 Appllcant(s) desu:es Development Approval from the City With respect to the follOWing Development Application SUB2005-00012. ( 3. The development Will cause both an immediate and long-term demand on the various publiC facilities of City and Lane County including the speCifiC public improvements necessitated by the development as set forth In paragraph 6 4 ThIS Improvement Agreement IS an alternative to impOSing a condition on Applicant's development approval that the Applicant make immediate construction of any public Improvement that the development necessitates The objective IS to promote efficiency, coordination, and spread costs by proViding an opportunity for a district Wide Improvement mechanism where construction occurs In a coordinated project With the partiCipation of adjacent and other properties in the area, Instead of reqUiring Immediate Improvement In conjunction With each development application There is no guarantee, however, that such a coordinated project WIll be pOSSIble and the City reserves the right to require construction of the improvements in the future at City discretion 5 (a) Applicant and City agree that Applicant will pay the cost of the following public facility Improvements deSCribed In Paragraph 6 In accordance With respective cost assumption policy established by City at the time the City determines to undertake and complete such public improvements (b) A'pplicant and City acknowledge and agree that the cost of such Impr.ovements and the portion thereof to be paid by Appll~ant are ,presently unknown and may be greater than the costs that would be apportioned If the improvements were constructed immediately or by Applicant now or later (c) Applicant acknowledges that the timing of the construction of such Improvements IS within the sole and exclUSive direction of the City. 6 (a) STREET IMPRQVEMENTS along the frontage of Deadmond Ferry Road to Include. ~ surface paving; ~ storm sewers, ~ sanitary sewers, ~ curbs, C2J gutters, ~ planter strips; CBJ street trees, C2J street lights, C2J Sidewalks. (Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR ill477 . , Date Kecelved: APR 1 4 2008 Page 1 of 3 Original Submittal (b) TRAFFIC SIGNALS at the intersection of N/A (c) OTHER IMPROVEMENTS N/A Applicant acknowledges that the list of marked improvements reflect those that would currently be required under the appropriate City codes and ordinances. Applicant acknowledges that It understands that the Improvements made will be those required to bring the street to full urban standards for the then current functional classification of the street as those standards exist at the time the Improvements are made and may, therefore, differ from the list of Improvements checked herein. 7 LEGAL DESCRIPTION. The real property descnbed as Lot 9 of RiverBend, Phase II, dated and recorded in Lane County on 8 City agrees that Applicant's execution and performance of the terms of the Agreement Will be deemed to be in compliance With City's policy pertaining to Improvement requirements, and If Applicant complies In every respect with all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and conditions of approval set forth therein 9 This agreement is enforceable by the State of Oregon, Lane County or City 10 APPLICANT AGREES TO SIGN ANY 'AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMEf'JT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any nght to protest the amount or manner of spreading the assessment thereof, if the same shall appear to th~ Applicant to bear Inequitably or unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condition is In consideratIon ~ for the CIty's waiver of the requirement for the Immediate construction of the public Improvements that the development necessitates ThiS Improvement agreement waives the property owner's right to fIle a written remonstration It does not waive a property owner's right to comment on the proposed district or any related matters orally or in wntlng 11 It IS the Intention of the parties hereto that the covenants herein contained shall run With the land herein described, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefIt and a burden upon the property herein descnbed ThiS Agreement shall be recorded in the Lane Coun'ty Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applIcant or a prospective purchaser of thiS property, you are adVised to dISCUSS thiS Agreement With an Attorney of your choice Execution and recordation of thIS Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property descnbed In Section 7 and theIr heirs, successors and assigns , These requirements Include but are not limited to the payment for the public Improvements descnbed In Section 6 This may result In an assessment lien on the Real Property descnbed In Section 7 and significant costs to the Owner and Purchasers, and their heirs, successors and assigns. An Applicant's signature on thiS Agreement indicates that the Applicant has thoroughly read this Agreement, understands It, has had the opportunity to consult legal counsel prior to ItS execution, and understands that execution of the Agreement may result in Significant financial obligations imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by thiS Improvement Agreement should also thoroughly review thiS Agreement, consult With legal counsel prior to purchasing the property, and understand that thiS Agreement may result in a significant financial obligation Imposed upon any Owner of the Real Property descnbed In Section 7 Date Received: Page 2 of 3 APR 1 4 2008 Original Submittal .. ~ . . WHEREFORE, the parties have hereunto set their hand this day of , 200 (SEAL) (TITLE) ) (SEAL) (TITLE) STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of ,200 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that Is/are the of .and does acknowledge said instrument to be the free act and deed of said Corporation, and that the seal affixed to said instrument IS the Corporate seal of said Corporation, and that said Instrument was signed and sealed In behalf of said Corporation by authority of its Board of Directors IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon CITY OF SPRINGFIELD By Dennis P. Ernst - City Surveyor STATE OF OREGON } 55 COUNTY OF BE IT REMEMBERED that on this day of , 200 before me, the undersIgned, a notary public In and for said County and State, personally appeared the within named Dennis P Ernst whose identity was proved to me on the basIs of satisfactory eVidence and who executed the within Instrument and acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written _ ( Notary Public for Oregon Date Received: APR 1 4 2008 Original Submittal Page 3 of 3 'I IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) REFERENCE DOCUMENTATION I DECISION I SUB2005-00012 I SUB2006-00044 , CONDITIONS(S) #7 and #34 #10 IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Appllcant(s), do covenant, and agree With respect to the real property described below as follows 1. Appllcant(s) warrants and represents to the City of Springfield that it is the owner of the property more particularly described and set forth In Paragraph 7 below and, as owner, has thE? authority to enter into this Improvement Agreement with the City of Springfield . 2 Appllcant( s) deSires Development Approval from the City with respect to the following Development Application SUB 2005-00012 and SUB2006-00044. 3 The development Will cause both an Immediate and long-term demand on the various public faCIlities of City and Lane County including the specific public Improvements necessitated by the development as set forth In paragraph 6 4 This Improvement Agreement IS an alternative to Impo,slng a condition on Applicant's development approval that the Applicant make immedIate construction of any public Improvement that the development necessitates The objective IS to promote efficiency, coordination, and spread costs by proViding an opportunity for a district wide improvement mechanism where construction occurs In a coordinated project With the participation of adjacent and other propertIes In the area, instead of requinng Immediate Improvement In conjunction With each development application. There is no guarantee, however, that such a coordinated project Will be possible and the City reserves the right to require construction of the improvements In the future at City dIscretIon. . 5 (a) Applicant and City agree that Applicant will pay the cost of the following public faCIlity improvements described in Paragraph 6 in accordance with respective cost assumption policy established by City at the time the City determines to undertake and complete such public improvements (b) Applicant and City acknowledge and agree that the cost of such Improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned If the Improvements were constructed Immediately or by Applicant now or later (c) Applicant acknowledges that the timing of the construction of such Improvements IS Within the sole and exclusive direction of the City. ' 6 (a) STREET IMPROVEMENTS along the frontage of Loop Road from Baldy View Lane to the eftst property line of Lot 8 to Include. [8J surface paving, [8J storm sewers; [8J sanitary sewers, [8J curbs; !:8J gutters, !:8J planter strips, !:8J street trees; !:8J street lights, !:8J Sidewalks Date Received: APR 1 4 2008 (Bar Code Sticker) Original submittal AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of 3 (b) TRAFFIC SIGNALS at the intersection of N/A (c) OTHE'R IMPROVEMENTS N/A Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropriate City codes and ordinances. Appl.lcant acknowledges that It understands that the Improvements made will be those required to bring the street to full urban standards for the then current functIonal classification of the street as those standards eXist at the time the Improvements are made and may, therefore, differ from the list of improvements checked herein I' 7 LEGAL DESCRIPTION The real property desCribed as Lot 8 of RlverBend, Phase II, dated and recorded in Land County on 8. City agrees that Applicant's execution and performance of the terms of the Agreement WIll be deemed to be In compliance With City's policy pertaining to Improvement requirements, and If Applicant compiles in every respect With all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and conditIons of approval set forth therein. - 9. This agreement is enforceable by the State of Oregon, Lane County or City. 10 APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSJRA TE AGAINST SUCH IMPROVEMENTS Applicant does not waIve any right to protest the amount or manner of spreading the assessment thereof, if the same shall appear to the Applicant to bear ineqUitably or unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condition is In conSideratIon for the City's waIver of the requirement for the Immediate construction of the public Improvements that the development necessitates ThiS Improvement agreement waives the property owner's right to file a written remonstration. It does not waive a property owner's right to comment on the proposed district or any related matters orally or In writing 11. It IS the Intention of the parties hereto that the covenants herein contained shall run with the land herein deSCribed, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property herein deSCribed ThiS Agreement shall be recorded In the Lane County Deed Records ) NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of thiS property, you are adVised to dISCUSS this Agreement With an Attorney of your choice. Execution and recordatIon of thiS Agreement Will place requirements on the Owner and any subsequent purchaser of the Real Property deSCribed In Section 7 and their heirs, successors and assigns These requirements include but are not limited to the payment for the publIC improvements described In Section 6 This may result in an assessment lien on the Real Property deSCribed In Section 7 and Significant costs to the Owner and Purchasers, and theIr heirs, successors and assigns. An Applicant's signature on this Agreement indIcates that the Applicant has thoroughly read this Agreement, understands It, has had the opportunity to consult legal counsel prior to ItS execution, and understands that execution of the Agreement may result In Significant financial obligations imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by this Imp'rovement Agreement should also thoroughly review this Agreement, consult WIth legal counsel prior to purchasing the property, and understand that thiS Agreement may result in a Significant financial obligation imposed upon any Owner of the Real Property described In Section 7. Date Received: APR 1 4 2008 Page 2 of 3 Original Submittat.. .. .... ... WHEREFORE, the parties have hereunto set their hand this day of , 200 (SEAL) (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of ,200 before me, the undersigned, a notary public In and for said' County and State, personally appeared the within named whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that ,slare the of and does acknowledge said instrument to be the free act and deed of said Corporation, and that the seal affixed to said Instrument is the Corporate seal of said Corporation, and that said Instrument was signed and sealed in behalf of said Corporation by authority of ItS Board of DIrectors IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon CITY OF SPRINGFIELD By De,nnls P Ernst - City Surveyor STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of , 200 before me, th~ undersigned, a notary public In and for said County and State, personally appeared the within named Dennis P Ernst whose Identity was proved to me on the baSIS of satisfactory eVidence and who executed the within instrument and acknowledged to me that he executed the same freely and voluntanly. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal the day and year last above wntten Notary Public for Oregon , , r t , , Date Received: APR 1 4 2008 Original Submittal Page 3 of 3 .. After recording, please return to: Donald A Gallagher, Jr. Arnold Gallagher Saydack, et al. 800 Willamette Street, Suite 800 Eugene, OR 97401 PUBLIC TRAIL EASEMENT THIS AGREEMENT entered into by and between PEACEHEALTH, a Washington non- profit corporation, heremafter referred to as "Grantor," and WILLAMALANE, an Oregon non- profit corporation, hereinafter referred to as "Grantee". RECIT ALS A. As a condition of the tentative subdivision approval (Condition #26 of SUB2005-00012), Grantor is obligated to grant Grantee a public trail easement under the terms contained herein;, B. Grantor owns Lot 9 as shown on the plat for RiverBend Phase 2, recorded in the official records of Lane County on , Reception No. ("Plat"); C. The path is referred to on the Plat as part of the RiversIde Trail; D. The portion of the Riverside Trail located on Grantor's Property has not been constructed; E. The parties shall agree upon the exact location of the portion of the Riverside Tratl to be located on Grantor's Property and shall amend this Easement to provide the legal description of the actual location of the RIverside Trail on Grantor's Property. AGREEMENT 1. Grantor grants to Grantee a perpetual non-exclusive 25-foot public trail easement on that portion of Grantor's Property mutually agreed upon by Grantor and Grantee. 2. The Riverside Trail shall be available for the p~bhc to use as a multi-use path 3. When the location of the Riverside Trail on Grantor's Property has been agreed upon by the parties, Grantor shall construct a multi-use path 12-feet wide with a 2-foot clear area on each side of the path free of aboveground obstructions The path shall be constructed to the same specifications as the developed portion of the Riverside Trail. 4. The Riverside Trail shall be repaired and maintained by the parties in accordance with Section 5 of the Declaration of Access and Maintenance Agreement for Public Landscape Date Received; PUBLIC T~AIL EASEMENT - 1 APR 1 4 2008 Original Submittal. ... Areas, Public Accessways and Paths, and Open Public Storm Drainage Systems in Order to Comply with Condition 21, ConditIons of Approval, RiverBend SubdivIsIOn Tentative Plan SUB 2005-00012, of the CIty of Springfield dated May 10, 2005, and recorded on May 10, 2006, Reception No. 2006-032093. FOR GRANTOR: FOR GRANTEE: PeaceHealth WiIlamalane By: Name' Title: By' Name: Title: '- STATE OF OREGON ) ss. County of Lane ) The foregoing instrument was acknowledged before me this , 2008, by as 'PeaceHealth, a Washington non-profit corporation day of of Notary Public for Oregon My CommIssion Expires: STATE OF OREGON ) ss. County of Lane ) The foregoing instrument was acknowledged before me this day of , 2008, by as of W tllamalane, an Oregon non-profit corporation orgamzed and existmg under the laws of the State of Oregon. Notary Public for Oregon My CommIssion Expires: PUBLIC TRAIL EASEMENT - 2 Date Received: APR i 4 2008 Original Submittal PUBLIC WAY USE AGREEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washington non- profit corporation, heremafter referred to as "Grantee," and the CITY OF SPRINGFIELD, a municipal corporatIOn organized and existmg under the laws of the State-of Oregon, heremafter referred to as "Grantor" or "CIty" WITNESSETH: Section 1 Definitions. SectIOn 1.1 As used m this Agreement, all words ard phrases shall have theIr customary usage and meaning, provided, however, that the terms defined m Section 4 600 of the Springfield Mumcipal Code shall have the meamng set forth therein, and the following terms shall be defined as follows: Section 1 1.1 "City" shall mean the City of Springfield and all areas wlthm its corporate boundaries, mcluding as those boundaries may be changed from tIme to time m the future. SectIOn 1.1.2 "Council" shall mean the common council of CIty as set forth in Article III of the Spnngfield Charter SectIOn 1 1.3 "Person" shall include an individual, corporatIOn, aSSOCIation, firm, or any other business entity having the legal authority to do business withm the state of Oregon. Section 1.2 As used herem, the singular number may include the plural and the plural number shall include the singular. SectIOn 1.3 Unless expressly provIded to the contrary herem or in the Springfield MuniCIpal Code, any actIOn authonzed or required to be taken by CIty pursuant to this Agreement may be taken by the Councilor by the CIty Manager or any official or agent / deSIgnated by the Councilor the City Manager Section 2 Ri2"hts Granted. Section 2.1 Grantor hereby grants to Grantee the nght to use.the public way designated as St. Joseph Place as shown on the RiverBend Phase II plat recorded ("Public Way") Section 2 2 Subject to the condItIOns and reservatIOns set forth herein, and the proviSIons of the Springfield Mumcipal Code, City grants to Grantee the nght, privilege and power to construct, use and maintain a private drive and sidewalks ("FacilIties") on the Public Way and further grants Grantee all other rights, pnvileges and powers necessary or incident t~ the use, construction and maintenance of such Facilities PUBLIC WAY USE AGREEMENT - 1 Date Received: Page 1 of5 I.. APR 1 4 2{)08 Original Submittal Section 2 3 The rights granted herein shall not confer on Grantee any right, title or mterest m any Public Way beyond that expressly conferred by the provIsions of thIS Section 2, nor shall It confer,any right or privilege to use or occupy any other property of City or any other entity. Section 3 Reserved Ri1!hts. Section 3.1 City reserves the right, without limitation, to. Section 3 1 1 construct, install, maIntain and operate any public Improvement, work or facility in, on, over or under the Public Way; Section 3.1.2 perform or authorize or dIrect the performance of any work that City may find desirable or convement In, on, over or under any Public Way, or Section 3.1.3 vacate, alter, or close any Public Way Section 3.2 Whenever CIty shall perform or cause or permit to be performed, any work In the Public Way or the VICInity of the Public Way where such work may disturb or interfere with the Facilities, City shall, or shall require its permittee, to notify, in writing, Grantee suffiCIently in advance of such contemplated work to enable Grantee to take such measures, including removal or relocation of such FacilIties, as may be deemed necessary to protect such FaCIlities, at its own expense. Section 3.3 Whenever City shall vacate any Public Ways for the convenIence or benefit of any person or governmental agency and instrumentality other than City, Grantee's rights shall be preserved as to any of its Facilities then existing In such Public Way. Section 4 Care of Facilities. Section 4.1 The Facilities shall at all times be maIntained and operated in a safe, substantial and workmanlike manner. Section 4.2 For the purpose of carrying out the provisions of thIS section, City may provide such specifications relating thereto as may be necessary or convement for the public health, safety and welfare, or for the orderly development of City. City may amend and add to such specificatIOns from time to time. Section 5 Activities in the Public Wav. Section 5.1 Grantee shall obtam such permits as may be reqUIred by law pnor to commencing the construction, extension or relocatIOn of any of Its Facilities in the Public Way. Section 5.2 PrIor to commencmg any construction, extension or relocatIOn of FacIlitIes m the Public Way, Grantee shall file drawings, m such form as may be acceptable to the City Engmee(, shOWIng the locatIOn of eXIstIng faCIlities and facilities to be constructed, maintained, or relocated. Following completion of such construction, extension, or PUBLIC WAY USE AGREEMENT - 2 Date Received: APR 1 4 2008 Page 2 of 5 Original submittal. relocation, Grantee shall file drawIngs and maps, In such form as may be acceptable to the City EngIneer, showing the.FacilItles as actually constructed, extended, or relocated Section 5.3 Except in an emergency, Grantee shall make no eXCavatIOn, openIng, or other intrusion Into the.Public Way without having first obtained such permit as may be reqUired by law. Section 5 4 In performing all work in the Public Way, Grantee shall, at all times, conduct such work in accordance with the Standard Construction SpecificatIOns of City as they shall exist from time to time SectIOn 5.5 If at any time Grantee shall make any openIng, excavation or other Intrusion Into the Public Way, Grantee shall promptly restore the Public Way to the same condition in which it was prior to the opening, excavatIOn or intrusion, all in accordance With City Standard ConstructIOn Specifications as then In effect; provided, however, that at any tIme City may effect such restoration, the full cost thereof shall be paid by Grantee Section 5.6 Should Grantee fail to promptly make such restoration or fail to make such restoration In accordance With City Standard Construction SpecificatIOns, City may, at its election, cause such restoratIOn to be made. In such event Grantee shall reimburse City for the full cost of such restoration and, In additIOn, pay a penalty equal to two times the full cost of such restoratIOn. Section 6 Safety Standards and Work Specifications. SectIon 6 1 The Facilities of Grantee shall at all times be maintained in a safe, substantial and workmanlike manner Section 6.2 For the purpose of carrying out the provisions of this section, City may provide such specifications relatIng thereto as may be necessary or convenIent for publIc safety or the orderly development of City City may amend and add to such specifications from tIme to time. Section 7 Indemnification and Insurance. SectIOn 7.1 Grantee shall defend, Indemmfy and hold harmless City, its agents, servants and employees from and against all claims, demands and judgments (includIng attorney fees) made or recovered agaInst them including but n9t limited to damages to real or tangible personal property or for bodily Injury or death to any person, ansmg out of, or m connectIon with thiS Agreement, to the extent of such damage, injury or death IS caused or sustained in connectIOn with the performance by Grantee or its employees, servants or agents Section 7.2 Grantee Will, at all times, carry a Commercial General Liability insurance policy for at least $1,000,000 combmed single limits per occurrence and at least PUBLIC WAY USE AGREEMENT - 3 Date Received: Page 3 of 5 APR 1 4 2008 , . Original Submittal $2,000,000 In the aggregate, for BodIly IIlJury, Property Damage, and Personal Injury . City, Its agents, employees and officials, all while acting within their official capacity as , such, shall be named as an additIOnal Insured on the policy of Insurance A current certificate of Insurance eVidenCing any policies reqUired by thiS Agreement shall be on file With CIty at all times. A 30-day notice of cancellatIOn clause shall be included in Said certificate. CIty has the right to reject any certificate for unacceptable coverage and/or companies Section 8 Assi!mment of Ri!!hts. Section 8.1 Except as provided in thiS section, Grantee shall not aSSIgn or otherwIse transfer this Agreement or all or any portion of ItS rights or obligatIOns hereunder to any entity, except an entIty wholly owned by Grantee or by any parent of Grantee, WIthout the prior written consent of City, which consent shall not be unreasonably WIthheld or delayed. Grantee shall give CIty not less than thirty (30) days' written notice of any such transfer or aSSIgnment. For the purpose of determining whether or not it will consent to such transfer or assignment, City may, within thirty (30) days of receiving notIce of the proposed transfer or aSSIgnment, conduct a review 'of the financial or technical ability of the proposed transferee or aSSIgnee. Section 8.2 This Agreement and each of the parties' respectIve rights and obligations under this Agreement, shall be binding upon, and inure to the benefit of, the parties hereto and each of their successors and assigns Section 9 Termination of A!!reement. Section 9.1 ThIS Agreement shall terminate at such time as City constructs a public roadway on the PublIc Way. Section 9.2 Upon the failure of Grantee, after sixty (60) days' notIce and demand in writing, to perform promptly and completely each and every term, condition or obligation imposed upon it under or pursuant to this Agreement, City may terminate this Agreement. Section 10 Remedies. Section 10.1 All remedies and penalties under thIS Agreement, .including termination of the Agreement, are cumulatIve, and the recovery or enforcement of one IS not a bar to the recovery or enforcement of any other such remedy or penalty. The remedIes and penalties contained In thIS Agreement, Including terminatIon of the Agreement, are not exclusive, and City reserves the nght to enforce the provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity Failure to enforce shall not be construed as a'waiver of a breach of any term, condition or oblIgatIOn Imposed upon Grantee by or pursuant to this Agreement. A specific waIver of a partIcular breach of any term, conditIOn or oblIgation imposed upon Grantee by or pursuant to this Agreement shall not be a waiver of any other or subsequent or future breach of the same Date Received: PUBLIC WAY USE AGREEMENT - 4 APR 1 4 2008 Page 4 of5 Original Submittal or of any other term, conditIOn or oblIgation, or a WaIver of the term, condition or oblIgation Itself Section 11 Comolete AHeement. Section 11,1 This Agreement represents the whole agreement between the parties and shall supersede all other agreements and understandmgs, whether oral or m wntmg, between the parties with respect to the subjects covered by this Agreement This Agreement may not be modified except by a wnting executed by both parties to the Agreement ' IN WITNESS WHEREOF, the parties, by theIr duly designated representatives have executed thIs Agreement as of this day of ,2008. I FOR GRANTEE: FOR CITY: PeaceHealth City of Springfield By: Name' Title' By: Name: Title' Date Received: APR 1 4 2008 Original Submittal PUBLIC WAY USE AGREEMENT - 5 Page5of5 d. ,. .. ... ; , ~W:;t.:tD!titiI\!s ~'!l!>ii:.old.'.oo.-.I. ~~ Goi.\lIIM"~"-,o,.;,..:.ill\!':" E a= CASCADE TITLE CO. , CASCADE EXCHANGE "SERVICES, INC / " CASCADE ESCROW ; " KPFF CC;>NSULTING ENGINEERS AITN: DANNY DENNING FAX No. 503-274-4681 MARCH 25, 2008 RE: PRELIMINARY TITLE REPORT THE AITACHED PRELIMINARY TITLE REPORT HAS BEEN AMENDED OR UPDATED AS INDICATED ITS ACCURACY IS IMPORTANT SO PLEASE REVIEW THE UPDATED INFORMATION IN ADDITION TO ASSISTING YOU THROUGHOUT YOUR TRANSACTION, YOUR ESCROW OFFICER AND TITLE OFFICER ARE AVAILABLE TO ADDRESS YOUR QUESTIONS AND CONCERNS REGARDING THE PRELIMINARY TITLE REPORT AND YOUR PENDING ESCROW SINCERELY, CASCADE TITLE CO Date Received: APR 1 4 2008 Original Submittal l;>? 811 Willamette Street + Eugene, Oregon 97401 phone: (541) 687-2233 + fax' (541) 485-0307 . email: info@cascadetitle.com , 1901 Hwy 101 - Suite 2. Florence, Oregon 97439 phone. (541) 997~8417_. fax (541) 997-8246 . ern ail florence@cascadetJtle.com ," " - .1. CASCADE TITLE CO. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.~ / STATUS OF RECORD TITLE REPORT 6TH SUPPLEMENTAL PEACEHEALTH OREGON REGION ATTN: TAMARA E. MILLER FAX NO 541-434-7486 Our No CT-0239830 Date: MARCH 25, 2008 Charge' $200 00 Government Servlce Fee: $25.00 As requested, Cascade Tltle Co. has searched our tract indices as to the followlng descrlbed' real property: ( A T T A C H E D and as of MARCH 17, 2008, at 8:00 A.M we find the followlng. Vestee: PEACEHEALTH a Washington Corporation Said property is subject to the following on record matters' 1. Lane County Real Property Taxes, if any, for which no search was made 2. The rlghts of the public in and to that portlon of the premises herein descrlbed lYlng withln any publlc road or hlghway. 3. Any adverse claim based upon the assertion that said land or any portlon thereof lS now, or at any tlme has been below hlgh water mark of the McKenZle Rlver 4 Any adverse clalm based on the assertlon that the locatlon of the McKenZle Rlver has moved. 5, Any adverse claim based upon the assertlon that sald land or any portlon thereof lS now, or at any time has been below hjgh water mark of the Sprlng Slough. 6 Easement for a 20 foot roadway reserved ln the deed from J M. Hockett and Sarah B Hockett, hlS wlfe, to Oliver J. Andrews recorded October 18, 1917, in Book 118, Page 95, Lane County Oregon Deed Records. 7. Easement for a roadway, set forth ln deed from J.M. Hockett and wlfe to Bertha M Peterson, dated February 13, 1912, recorded at Page 591, Book 93, Lane County Oregon Deed Records. continued- MAIN OFFICE * 811 WILLAMETTE ST. * EUGENE, OREGON 97401 * PH: (541) 687-2233 FLORENCE * 1901 HWY 101 - S. 2 * FLORENCE, OREGON 97439 * PH: (541) 997-8417 1 EUGENE FAX: 485-0307 * E-MAIL: info@cascadep.tle.com * FLORENCE f~: 1)ate246' - . ''''1: APR t .., ;'I,I'\~ . ,J", .J Original ~:'" . ," 8 Easement, lncludlng the terms and provlslons thereof, granted Mountaln States Power Company, by lnstrument recorded October 16, 1946, Book 333, Page 653, Lane County Oregon Deed Records (Exact locatlon not deflned) 9 Easement, lncludlng the terms and provlslons thereof, granted Unlted States of Amerlca, by instrument recorded August 6, 1947, Book 353, Page 220, Lane County Oregon Deed Records 10. Easement, lncludlng the terms and provlslons thereof, granted Unlted States of America, by instrument recorded August 6, 1947, Book 353, Page 224, Lane County Oregon Deed Records. 11 Easement, lncludlng the terms and provisions thereof, granted Unlted States of Amerlca, by lnstrument recorded August 6, 1947, Book 353, Page 232, Lane County Oregon Deed Records 12. Easement, lncludlng the terms and provl~lons thereof, granted Mou~tain States Power Company, by lnstrument recorded October 28, 1947, Book 359, Page 450, Lane County Oregon Deed Records. 13. Easement, lncludlng the terms and provlslons thereof, granted Unlted States of America, oy lnstrument recorded August 9, 1950, Book 420, Page 531, Lane County Oregon Deed Records. 14 . Easement, lncludlng the terms and provlslons thereof, granted America, by lllstrument recorded August 9, 1950, Receptlon No Oregon Deed Records. United States of 25660, Lane County 15 Easement, lncludlng the terms and provlslons thereof, granted City of Eugene, by lnstrument recorded Aprll 25, 1968, Receptlon No 22343, Lane County Offlclal Records 16 Easement, including the terms and provlslons thereof, granted Oakway Water Dlstrlct, by lnstrument recorded November 3, 1968, Receptlon 1Jo. 44944, Lane County Officlal Records. 17. Easement, lncludlng the terms and provlslons thereof, granted Clty of Eugene, by lnstrument recorded December 29, 1976, Reception No. 7668984, Lane County Offlclal Records. 18 Easement, includlng the terms and provlslons thereof, granted Clty of Eugene, by lnstrument recorded Decenlber 29, 1976, Receptlon No. 7668985, Lane County Offlclal Records. 19 Terms and provlslons of Boundary Agreement, recorded Aprll 1, 1977, Receptlon No 7718900, Lane County Offlclal Records 20 Terms and provislons of easement, includlng obligations for maintenance as established by Oregon law or as contalned In lnstrument between the Clty of Sprlngfleld recorded Aprll 18, 1977, Receptlon No. 7722531, Lane CountY,Officlal Records. Date Received: cont'inued- ' APR 1 4 2008 Original Submittal 21. Permlt and Easement, lncludlng the terms and prOV1S10nS thereof, granted by Marlon F. Mosher, to the City of Eugene, Lane County, Oregon, for the use and beneflt of the Eugene Water and Electric Board, dated July 18, 1977, recorded July 25, 1977, Reel 857R, Reception No 7745785, Lane County Offlclal Records 22 Easement, lnc1udlng the terms and provlslons thereof, granted Eugene Water and Electrlc Board, by lnstrument recorded January 24, 1979, Receptlon No 7904708, Lane County Officlal Records. 23 Option to Re-Purchase a portlon of thlS property by Joseph D Bando and Leonora P Bando, as disclosed by Statutory Warranty Deed, recorded December 4, 1985, Receptlon No. 8543721, Lane County Offlclal Records. 24 Dedlcatlon of Publlc Road Easement, lncludlng the terms and provlslons thereof, recorded December 13, 1985, Receptlon No. 8544777, Lane County Official Records 25. Dedication of Public Road Easement, includipg ~he terms and provlsions thereof, recorded December 13, 1985, Receptlon No_ 8544778, Lane County Offlclal Records 26. Any gaps or overlaps ln surveys as disclosed by Recitals recorded May 19, 1988, Reel 1514R, Re~eptlon No 8819637, Lane County Offlclal Records. 27. Dedlcatlon of PubllC Road Easement, lncludlng the terms and provlslons thereof, between Linda Burnett, Trustee of the Tyee Trust and Lane County, a polltlcal subdlvlslon, recorded October 6, 1988, Receptlon No 8841977, Lane County Offlcial Records 28. Easement, lnc1udlng the terms and provlslons thereof, granted Clty of Sprlngfle1d, by lnstrument recorded October 11, 1988, Receptlon No. 8842601, Lane County Officlal Records. 29 Easement, lncludlng the terms and provlslons thereof, granted Clty of Sprlngfleld, by lnstrument recorded December 14, 1990, Receptlon No 9059952, Lane County Offlcla1 Records. 30 Easement, lncludlng the terms and provlslons thereof, granted Clty of Sprlngfleld, actlng by and through its Sprlngfield utillty Board, by instrument recorded December 14, 1990, Receptlon No. 9059954, Lane County Offlclal Records. 31 Easement, includlng the terms and provlslons thereof, granted Clty of Sprlngfleld, actlng by and through lts Sprlngfle1d Utlllty Board, by lnstrument recorded December 14, 1990, Receptlon No. 9059955, Lane County Offlclal Records. 32 Easement, lncluding the terms and provisions thereof, granted Clty of Sprlngfleld, actlng by and through its Sprlngfield Utility Board, by instrument recorded December 14, 1990, Reception No. 9059956, Lane County Offlcial Records 33. Easement, lncludlng the terms and provls1ons thereof, granted Clty of Sprlngfleld, acting by and through its Springfield Utllity Board, by instrument recorded December 14, 1990, Receptlon No. 9059957, Lane County Offlclal Records. Date Received: contlnued- APR 1 4 2008 Original Submittal 34 Easement, 1ncluding the terms and provlsions thereof, granted Clty of Sprlngfleld, by lnstrument recorded February 28, 1991, Receptlon No. 9109965, Lane County Official Records 35. Easement, 1ncluding the terms and provis1ons thereof, granted C1ty of Spr1ngf1eld, by lnstrument recorded March 5, 1991, Recept10n No. 9110574, Lane County Offlclal Records 36. Terms and prov1sions of easement, lnclud1ng obllgat1ons for malntenance as establlshed by Oregon law or as contalned 1n lnstrument between Roy C Gray, Jr and Betty Huff and Marlon Huff dated Aprll 3, 1991, recorded Aprll 5, 1991, Recept10n No. 9115745, Lane County Offlc1al Records. 37. Easement, lncludlng the terms and prov1s1ons thereof, granted Clty of Sprlngfleld, by 1nstrument recorded October 22, 1991, Reception No. 9150861, Lane County Offlclal Records ,38 ImQrovement Agreement - Waiver of R1ght to Remonstrate (In Lleu of Immediate Construct1on of PubllC Improvement), recorded August 9, 1996, Recept10n No 9654265, Lane County Offlclal Records. . 39 Easement for 1ngress and egress as set forth 1n Barga1n and Sale Deed recorded Aprll 10, 2001, Recept10n No. 2001-020394, Lane County Offlc1al Records, and as set forth in Indlvldual Warra~ty Deed recorded April 11. 2001, Recept10n No. 2001-020720, Lane County Off1clal Records 40. Annexatlon Agreement, lncludlng the terms and provls10ns thereof, between the Clty of Sprlngfield and Arlle & Company, an Oregon corporatloD, recorded June 8, 2001, Receptlon No_ 2001-034714, Lane County Officlal Records. Asslgnment of Annexatlon Agreement, lncluding the terms and provlslons thereof, from Arlle & Company, an Oregon corporatlon, to PeaceHealth, a Wash1ngton non-proflt corporatlon, recorded December 31, 2001, Recept10n No. 2001-088566, Lane County Offlcial Records 41. Easements set forth In that certaln Lot Llne AdJustment Deed recorded October 2, 2001, Recept10n No 2001-064919, Lane County Offlclal Records. 42 Easement for bank protectlon and channel lmprovement, includlng the terms and provisions thereof, granted United States of Amerlca, by lnstrument recorded August 9, 1950, Book 420, Page 535, Lane County Oregon Deed Records. (Affects McKenZle Rlver) 43. Easement for bank protectlon and channel lmprovement, includlng the terms and provlsions thereof, granted Un1ted States of Amerlca, by lnstrument recorded August 6, 1947, Recorder's No. 353, Book 216, Lane County Oregon Deed Records (Affects McKenzie Rlver) 44. Annexatlon Agreement, lncludlng the terms and provlsions thereof, between PeaceHealth, a Washlngton corporatlon and the Clty of Spr1ngfleld, recorded December 06, 2002, Recept10n No. 2002-035013, Lane County Offlclal Records. Date Received: contlnued- APR 1 4 2008 Original Submittal 45 Amendment to the PeaceHealth/Clty of Sprlngfield Annexation Agreements, lncludlng the terms and provlslons thereof, recorded October 08, 2003, Receptlon No. 2003- 098507, Lane County Offlclal Records. 46 Annexatlon Agreement, lncludlng the terms and prOV1Slons thereof, between PeaceHealth, a Washington corporatlon and the Clty of Sprlngfleld, recorded June 05, 2002, Receptlon No 2002-043161, Lane County Offlclal Records 47 Improvement Agreement, lncludlng the terms and provlslons thereof, between the Clty of Sprlngfleld and peacehealth, recorded June 30, 2005, Receptlon No 2005-048788, Lane County Official Records 48 Easement Agreement, including the terms and provislons thereof, between Peacehealth, Inc., and John E. Jacqua and Rosamond R., Jacqua, recorded August 19, 2005, Receptlon No 2005-064895, Lane County Officlal Records 49 Declaration of Access and Malntenance Agreement for publlC landscape areas publlC accessways and paths and open publlC storm drainage systems, lncludlng the terms and provlslons thereof, recorded May 10, 2006, Receptlon No 2006-032093, Lane County Offlclal Records. 50. Declaratlon of Restrictlons, lncludlng the terms and prOV1Slons thereof, recorded December 1, 2006, Receptlon No. 2006-086565, Lane County Offlclal Records. 51. Lease Agreement dated December 28, 2005, Peacehealth, lessor, NSC Propertles, LLC, Lessee, memorandum of WhlCh was recorded August 7, 2007, Receptlon No. 2007-055315, Lane County Officlal Records (Affects a portion) Securlty Assignment, Asslgnment of Rents and UCC Financing Statement, for security purposes from the lessee to Umpqua Bank, recorded August 7, 2007, Receptlon Nos. 2007-055317, 2007-055318 and 2007-055319, Lane County Officlal Records 52. Deed of Trust (Llne of Credlt), includlng the terms and provlslons thereof, executed by NSC Properties, LLC, an Oregon limited liablllty company, Grantor, to Flrst Amerlcan Tltle Insurance Company, Trustee, for the beneflt of Umpqua Bank, Beneflclary, dated'August 1, 2007, recorded August 7, 2007, Receptlon No. 2007- 055316, Lane County Offlclal Records, to secure payment of a note ln the amount of $30,000,000.00. (Affects the leasehold lnterest) 53. Improvement Agreement lncluding notlce of potential assessment llen, lncludlng the terms and provisions thereof, between Peacehealth, a Washlngton non-profit corporatlon, and the Clty of Sprlngfield, recorded January 20, 2006, Receptlon No 2006-004477, Lane County Offlclal Records 54 Gas Plpellne Easement, includlng the terms and provislons thereof, granted Northwest Natural Gas Company and its successors and asslgns, recorded January 23, 2006, Reception No. 2006-004903, Lane County Officlal Records 55 A claim of lien for labor and/or material, filed by Advanced Technology Group, Inc.~ recorded March 6, 2008, Receptlon No, 2008-012620, Lane County Offlcial Records, In the amount of $231,088.37 Date Received: contlnued- APR 1 4 2008 Original Submittal___ Th1S report is to be util1zed for information only Th1S report is not to be used as a basis for transferr1ng, encumber1ng or foreclos1ng the real property descr1bed. The llabillty of Cascade Tltle Co. 1S llmlted to the addressee and shall not exceed the prem1um pa1d hereunder CASCADE TITLE CO., by sm/T1tle v) / Offlcer- BOYD STEELE cC' KPFF CONSULTING ENGINEERS 1I.TTN: DANNY DENNING FAX NO.. 503-274-4681 Date Received: APR 1 4 2008 Original Submittal PROPERTY DESCRIPTION PARCEL 1 (Original purchase parcel) A parcel of land located ln the Northeast and Southeast quarters of Sectlon 22 and the Northwest and Southwest quarters of Sectlon 23, all of Townshlp 17 South, Range 3 West, Wlllamette Merldlan, and being a portlon of the Wllllam M. Stevens Donatlon Land Clalm No 46, more partlcularly described as follows' Commenclng at the Northeast corner of Wlll1am M. Stevens Donatlon Land Clalm No. 46, in Townshlp 17 South, Range 3 West, Wlllamette Merldlan; thence South 260 39' 56" East along the East llne of sald Wllliam M. Stevens Donation Land Clalm No. 46, 1426 47 feet; thence South 630 18' 39" West, 225.00 feet to the Northwest corner of that property descrlbed on Reel 1747, Instrument No 92-11169, Lane County Oregon Deed Records and the true point of beglnnlng, thence South 260 39' 56" East, parallel wlth the East Ilne of sald Wllllam M Stevens Donatlon Land Clalm No 46, 959 30 feet to a pOlnt on the South llne of that certain tract of land conveyed to L. Slmmons by deed recorded September 28, 1898, in Book 46, Page 179, Lane County Oregon Deed Records; thence East along sald South llne, 60 38 feet, more or less, to a point which lS West, 191.4 feet from the East llne of sald Wllllam M Stevens Donatlon Land Clalm No 46; thence South 510 49' 18" West 716 90 feet, more or less, to a pOlnt which is 1750.00 feet East of the Northwest corner of that certaln tract of land conveyed to Tom R Wester, et ux, by deed recorded July 3, 1964, Receptlon No. 61726, Lane County Oregon Deed Records, thence West along said Wester line, 189 64 feet to a point on the West bank of the McKenZle Rlver; thence Southwesterly along said West bank of the McKenZle Rlver the followlng courses. South 250 45' 25" West, 61.79 feet, thence South 240 04' 33" West, 118.20 feet; thence South 140 35' 19" West, 92 91 feet; thence South 170 16' 35" West, 69.99 feet, thence South 30 36' 10" East, 64 50 feet, thence South 10 28' 52" West, 75.75 feet, thence South 20 12' 55" East 101 88, more or less, to a pOlnt on the Easterly extenslon of the North llne of a tract of land conveyed to F.G. Young by deed recorded ln Book 73, Page 508, Lane County Oregon Deed Records, thence leavlng said West bank of the McKenZle Rlver North 890 58' 00" West, 101.75 feet to the Northeast corner of sald F.G Young tract, thence North 890 58' 00" West, 994.81 feet to a 5/8 lnch lron rod on the Easterly margin of the vacated Southern Pacific Rallroad rlght of way; thence Northwesterly, 330.41 feet along the arc of a 985.04 foot radlus curve left, (the chord of which bears North 320 15' 43" West, 328 87 feet) to a 5/8 lnch lron rod; thence contlnulng along sald Easterly margln of the vacated Southern Paclflc Rallroad right of way North 410 52' 17" west, 229.02 feet to a 5/8 inch lron rod on the Easterly margln of Game Farm Road (County Road No.3) sald pOlnt belng 35 00 feet from, when measured at right angles to, the centerllne of sald Game Farm Road as establlshed ln County Survey Flle No, 33854, thence North 30 36' 56' West along sald Easterly margln of Game Farm Road, 123.21 feet to a 5/8 lnch lron rod; thence contlnulng along sald East margln North 890 27' 15" West, 5 01 feet to a 5/8 lnch lron rod, sald lron rod belgg 30 00 feet from, when measured at right angles to the centerllne of sald Game Farm Road, thence contlnulng along sald East margin North 030 36' 56" West, 110.15 feet; thence leaving said East margln East, 279 43 feet; thence North 40 31' 37" East, 1082 06 feet to a 5/8 lnch iron rod marklng the Southeast corner of that property conveyed to the C~ty of Sprlngf~eld as descrlbed ln that deed recorded on Reel 843, Instrument No 77- 22531, Lane County Oregon Deed Records, thence North 30 53' 37" West along the East llne of sald Clty of Sprlngfleld property, 19 94 feet; thence leaving sald East line South 89058' 00" East, 101299 feet, thence South, 18.21 feet; thence South 89058' 00" East, 322.04'feet; thence Northeasterly 106.97 feet along the arc of a 105.74 foot radius curve left (the chord of which bears North 520 45' 21" East, 102.47 feet), thence North 31' 36' 21" East, 42 87 feet; thence North 350 11' 42" East, 13 52 feet, thence South 48. 25' 14" East, 13.20 feet to the pOlnt of beglnnlng, all ln Lane County, Oregon. EXCEPT all that port~on described ln deed to the Clty of Springfleld recorded June 13, 2003, ReceptlOn No. 2003-053912, Lane County Deeds and t:1aU~dReceived: continued - APR 1 4 2008 Original Submittal PROPERTY DESCRIPTION - continued - PARCEL 2 (Parcel A per survey) A parcel of land located in the Northeast 1/4 of Sectlon 22, and the Northwest 1/4 of Sectlon 23, Township 17 South, Range 3 West, Wlllamette Merldlan, more partlcularly descrlbed as follows; Commenclng at the Northeast corner of the Wllllam M Stevens Donatlon Land C1alm No 46, Townshlp 17 South, Range 3 West, Wlllamette Merldlan, thence South 260 39' 56" East along the East llne of sald Wllllam M Stevens Donatlon Land Clalm No 46, 981 30 feet to the true pOlnt of beglnnlng; thence South 260 39' 56" East along sald East llne, 445 17 feet to the Northeast corner of that property as descrlbed ln that deed recorded on Reel 1747, Instrument No. 92-11169, Lane County Oregon Deed Records; thence leavlng sald East llne South 630 18' 39" West, 225 00 feet to the Northwest corner of that property descrlbed ln sald deed recorded on Reel 1747, Instrument No. 92-11169; thence North 480 25' 14" West, 13 21 feet, thence South 350 11' 42" West, 13.52 feet, thence South 310 36' 21" West, 42.87 feet; thence Southwesterly, 106 97 feet along the arc of a 105.74 foot radius curve right, (the chord of WhlCh bears South 52045' 20" West, 102 47 feet); thence North 89058' OQ" West, 322 04 feet, thence North, 18.21 feet, thence North 890 58' 00" West, 1012.99 feet to a pOlnt on the East Ilne of that property conveyed to the Clty of Springfleld as descrlbed in that deed recorded on Reel 843, Instrument No, 77-22531, Lane County Oregon Deed Records; thence along said East llne North 30 53' 37" West, 391 66 feet to a 5/8 inch lron rod marklng the Northeast corner of sald Clty of Sprlngfleld property, thence South 890 56' 00" West along the North 11ne of sald Clty of Sprlngfle1d property, 425.58 feet to a 5/8 lnch lron rod on the East margln of Game Farm Road (County Road No 3), 30 00 feet from, when measured at rlght angles to, the centerllne of sald Game Farm R6ad, thence North 20 54' 56" West along sald East margln, 110 62 feet to a 5/8 lnch lron rod, thence North 40 11' 55" West along sald East margin 320.76 feet to a 5/8 inch lron rod, thence contlnulng along sald East margln North 89021' 57" East, 5 OO,feet to a pOlnt, 35.00 feet from, when measured at right angles to the centerllne of sald Game Farm Road; thence contlnulng along sald East margln North 4' 11' 56" West, 122 68 feet to a 5/8 lnch lron rod; thence leavlng sald East margln North 890 59' 16" East, 347.61 feet to a 5/8 lnch iron rod; thence North 000 09' 13" East, 65 02 feet to a 5/8 lnch lron rod, thence North 000 06' 43" East, 156 20 feet, thence North 890 59' 16" East, 308 00 feet; thence South 260 43' 44" East, 654.70 feet, thence North 890 56' 00" East, 992.70 feet to.the pOlnt of beglnnlng, In Lane County, Oregon EXCEPT all that portlon 13, 2003, Reception No County, Oregon. descrlbed In deed to the Clty of Springfield recorded June 2003-053912, Lane County Deeds and Records, In Lane contlnued- Date Received: APR 1 4 2008 Original Submittal, ,I ~ - ~ I \;. , PROPERTY DESCRIPTION - contlnued - PARCEL 3 (Westerly parcel) A parcel of land located in the Northeast 1/4 of Sectlon 22, Townshlp 17 South, Range 3 West, Wlllamette Merldian, more partlcularly descrlbed as follows Commenclng at the Northeast corner of the Wllllam M Stevens Donatlon Land Claim No 46, Townshlp 17 South, Range 3 West, Wlllamette Merldlan, thence South 260 39' 56" East along the East line of sald Wllliam M. Stevens Donation Land Claim No. 46, 981 30 feet, thence South 890 56' 00" West, parallel wlth the North line of said Wllllam M. Stevens Donation Land CIa 1m No. 46, 1484 63 feet; thence South 00 00' 58" East, 188.22 feet to a 5/8 lnch lron rod marklng the Northeast corner of that property conveyed to the Clty of Sprlngfleld as descrlbed ln that deed recorded on Reel 843, Instrument No 77-22531, Lane County Oregon Deed Records, thence South 30 53' 57" East along the East llne of sald Clty of Springfield property, 411.60 feet to a 5/8 inch iron rod marklng the Southeast corner of sald Clty of Sprlngfleld property and the true pOlnt of beginnlng, thence South 40 31' , 37" West, 1082 06 feet, thence West 279 43 feet to a point on the East margln of County Road No.3 (Game Farm Road), 30 00 feet from, when measured at rlght angles to the centerline of sald Game Farm Road, thence North 30 36' 56" West along sald East margln of Game Farm Road, 305 43 feet 1:0 a 5/8 lnch lron rod; thence North 890 54' 08" East along said East margln of Game Farm Road, 5.01 feet to a 5/8 lnch lron rod, sald pOlnt being 35,00 feet from, when measured at rlght angles to the centerllne of sald Game Farm Road; thence North 3036' 56" West'along sald East margln of Game Farm Road, 746.71 feet to a 5/8 lnch lron rod, thence North 20 54' 56" West along the East margln of Game Farm Road, 28 16 feet to a 5/8 lnch lron rod on the South Ilne of the aforementloned Clty\of Springfield property, thence North 890 56' 00" East along sald Souch Ilne, 427 60 feet to the pOlnt of beginnlng, all in Lane County, Oregon. PARCEL 4 (38+/- acres East of Baldy Vlew) A parcel of land located ln the Southwest 1/4 of Sectlon 14 and the Northwest 1/4 of Sectlon 23, all of Townshlp 17 South, Range 3 West, Willamette Meridian, more partlcularly descrlbed as follows: Commenclng at the Lane County Brass Cap marklng the Northeast corner of the Wllllam M. Stevens Donation Land Clalm No, 46, TowTIshlp 17 South, Range 3 West, Wlllamette Merldian, thence South 260 39' 56" East along the East Ilne of sald Wllllam M. Stevens Donation Land Clalm No 46, 18.58 feet, thence leavlng sald East llne North 630 20' 04" East, 25 00 feet to a pOlnt pn the East margln of Baldy view Lane and the true point of beginning; thence South 260 39' 56" East along sald East margln of Baldy View Lane, 609.58 feet; thence leavlng sald East margln of Baldy Vlew Lane North 650 31' 04" East, 664.70 feet; thence South 260 39' 56" East, 150 24 feet to a pOlnt on the ,North line of BALDY VIEW CONDOMINIUMS as platted and recorded on Flle 75, Slldes 102-105, Lane County Oregon Plat Records; thence South 650 30' 31" West along sald North Ilne of BALDY VIEW CONDOMINIUMS, 190.87 feet to a 5/8 lnch lron rod marklng the Northeast corner of the Varlable Property per BALDY VIEW CONDOMINIUMS SUPPLE!1ENTAL PLAT as platted and recorded on Flle 75, Slldes 1112 and 1113, Lane County Oregon plat Records; thence South 240 13' 03" East along the East Ilne of sald Varlable Property, 101.79 feet to a 5/8 inch lron rod, thence South 310 21' 41" West along the East llne of said Varlable Property, 67.76 feet to a 5/8 inch iron rod, thence South 270 44' 34" East along the East Ilne of sald Varlable Property, 174 70 feet to a 5/8 lnch iron rod, thence South 660 16' 24" West along the East line of sald Varlable Property, 20.35 feet to a 5/8 lnch lron rod marklng the lnterior ell of aforementloned BALDY VIEW CONDOMINIUMS; thence South 260 39' 52" East, 217.83 feet to a 5/8 lnch lron rod marklng the Southwest, corner of sald BALDY VIEW CONDOMINIUMS; Date Received: contlnued- APR 1 4 2008 Original Submittal " PROPERTY DESCRIPTION - contlnued - (Parcel 4) thence South 650 31' 25" West, 394 90 feet to a pOlnt on the East margln of Baldy Vlew Lane, sald pOlnt belng 25 00 feet from, when measured at rlght angles to, the East Ilne of the aforementloned Wllllam'M. Stevens Donatlon Land Clalm No 46, thence South 260 39' 56" East along sald East margln, 217.08 feet; thence leavlng' said East margln of Baldy Vlew Lane North 650 30' 04" East, 1189 98 feet, thence South 260 39' 56" East, 296.80 feet, more or less, to the meander 11ne of the McKenzle Rlver, thence Northeasterly along sald meander Ilne to a point ln the center of Spring Slough, said pOlnt being North 330 20' 14" East, 281.18 feet from the last descrlbed pOlnt; thence leavlng sald meander 11ne along the centerllne of sald Slough the following courses, North 310 08' 33" West, 190 50 feet; thence North 310 08' 33" West, 127 50 feet, thence North 43" 50' 53" West, 50 64 feet to a 5/8 ~nch lron rod marklng the Southeast corner of the aforementloned BALDY VIEW CONDOMINIUMS, thence North 300 II' 41" West along the Ilne descrlbed ln that Boundary Agreement recorded on Reel 840R, Instrument No 77- 18900, Lane County Oregon Deed Records, 534 19 feet to a 5/8 lnch lron rod marklng the Northeast corner of said BALDY VIEW CONDOMINIUMS; thence along the centerline of aforementloned Sprlng Slough the following courses North 37' 37' 30" West, 202 46 feet; thence North 210 44' 14" West, 168 98 feet; thence North 510 23' 53" West, 174 98 feet, thence North 730 02' 12" West, 82 62 feet, thence South 840 54' 33" West, 59 91 feet, thence South 760 25' 04" West, 50 72 feet; thence South 720 56' O~" West, 94 53 feet, thence South 660 19' 19" West, 77.47 feet, thence North ,590 59' 46" West, 19.89 feet, thence North 510 59' 47" West, 82.30 feet; thence North 470 51' 24" West, 113.61 feet, thence North 390 19' 59" West, 94 07 fe~E; thence North 570 05' OS" West, 46 86 feet, thence leaving sald centerllne of Sprlng Slough South 400 50' 53" West, 593.52 feet, thence North 350 38' 07" West, 166.74 feet to a pOlnt WhlCh lS 30.00 feet from, when measured at rlght angles to, the centerline of County Road No, 90 (Deadmond Ferry Road) , thence South 400 50' 53" West, parallel wlth sald centerllne o~ County Road No 90, 239.58 feet to the pOlnt'of beglnnlng, all ln Lane County, Oregon PARCEL 5 (Rhoads parcel) Beglnnlng at a pOlnt ln the East Ilne of the Wllliam M Stevens Donatlon Land Clalffi No 46, ln Townshlp 17 South, Range 3 West of the Wlllamette Merldian, South 260 08' East 1526.44 feet from the Northeast corner of the above clalm, thence South 260 08' East 623 18 feet to the meander line of the McKenzle Rlver; thence Northeasterly 1320,0 feet along above meander Ilne, thence North 260 08' West 185.0 feet, thence South 660 02' West 1215.0 feet to the pOlnt of beglnning, all ln Lane County, Oregon EXCEPTING that portlon of the above property conveyed to Frank D Cronln and Virginla C. Cronln by Statutory Warranty Deed recorded on April 24, 1984 ln the Lane County Offlcial Records, Reception No 84-17725, WhlCh lS more particularly described as follows. Beg~nnlng at a pOlnt in the East llne of the Wllllam M - Stevens Donatlon Land CIa 1m No. 46, Townshlp 17 South, Range 3 West of the W111amette Merldlan, South 260 08' East 1526.44 feet from the Northeast corner of the above clalm, thence North 660 02' East 226.0 feet, thence South 260 08' East 110.0 feet, thence South 660 02' West 226.0 feet, thence North 260 08' West 110 0 feet to the place of beglnning, ln Lane County, Oregon contlnued- Date Received: / APR 1 4 2008 Original Submittal PROPERTY DESCRIPTION - continued - PARCEL 6 (Jacobson parcel) Beglnnlng at a point in the Easterly line of the Wllllam N. Stevens and wlfe Donatlon Land Clalm No. 46, Townshlp 17 South, Range 3 West of the Wlllamette Merldlan, 1426.44 feet South 260 38' East from the Northeast corner of sald Clalm No. 46; thence contlnulng along said Easterly line South 260 38' East 973 66 feet, more or less, to the Southeast corner of that tract conveyed to C B. Conley and Lola Barr Conley, husband and wlfe, by deed recorded October 14, 1938, in Book 197, Page 28, Lane County Oregon Deed Records; thence West 251 71 feet along the South llne of sald Conley tract, thence North 260 38' West parallel wlth the Easterly line of sald Clalm No. 46 to a pOlnt WhlCh bears South 630 22' West 225 0 feet from the pOlnt of beglnnlng; thence North 630 22' East 225.0 feet to the pOlnt of beglnning, In Lane County, Oregon. PARCEL 7 (Deadmond Ferry parcel) Beglnnlng at a pOlnt on the South Ilne of County Road No. 90, sald pOlnt belng 489 0 feet North 890 55' West from an lron plpe, WhlCh accordlng to records l~ 16.8 feet South 260 38' East and 57 34 chalns South 890 55' East from the Northwest corner of the Wllllam M. Stevens Donation Land Claim No. 46 in Townshlp 17 South, Range 3 West of the Wlllamette Merldlan, and runnlng thence North 890 55' West parallel to the North llne of sald clalffi, 169.8 feet more or less to the East llne of that certaln tract conveyed by John Haxby and Esther Haxby, to Earl H Brown and Eva L. Brown, thence South along the East line 274 2 feet; thence East 169.8 feet, more or less, to the West Ilne of the tract conveyed by John Haxby and Esther Haxby to Opal Irene Allen; thence North 274.2 feet to the place of beginnlng, all belng ln Sec~lon 15, of sald Townshlp and Range, ln Lane County, Oregon. PARCEL 8 Beglnning at a point 20 feet North 660 02' East from a point in the East Ilne of the Willlam M Stevens Donatlon Land Claim No. 46, in Township 17 South Range 3 West of willamette Merldian, South 260 08' East 16 54 chalns from the Northeast corner of said clalm; and runnlng thence North 660 02' East 400 feet, thence' South 260 08 East 217 8 feet; thence South 660 02' West 400 feet, thence North 260 08' West 217 8 feet to the place of beginnlng, ln Lane County, Oregon. PARCEL 9. A portlon of Government Lot 11 lying in 'the Northwesterly portlon of Sectlon 23, Townshlp 17 South, Range 3 West of the wil1amette Merldlan, more partlcularly descrlbed as follows. Beginnlng at a pOlnt on the East Ilne of the Wllliam M. Stevens Donatlon Land Claim No. 46, Townshlp 17 South, Range,3 West of the Willamette Meridlan, WhlCh lS South 260 08' East 1526.44 feet from the Northeast corner of said Donation Land Clalm No. 46; thence North 660 02' East 226 feet; thence South 260 08' East 110 feet; thence South 660 02' West 226 feet; thence North 260 08' West 110 feet to the pOlnt of Rece,,-,ed', beglnnlng, ln Lane County, Oregon. {)ate APR , ~ 1008 I. contlnued- Or\g\na\ Subm\tta\---- <' PROPERTY DESCRIPTION - cont1nued - (Parcel 9) EXCEPT FROM ALL OF THE ABOVE DESCRIBED PARCELS 1 THROUGH 9: All that port1on conveyed to the C1ty of Spr1ngf1eld by deed recorded January 11, 2005, Recept10n No 2005-002303, Lane County Offic1al Records ALSO EXCEPT FROM ALL OF THE ABO\~ DESCRIBED PARCELS 1 THROUGH 9: All that port1on descr1bed 1n deed to the City of springfield recorded June 13, 2003, Recept10n No ./ 2003-053912, Lane County Off1c1al Records. ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PARCELS 1 THROUGH 9: All that port1on descr1bed 1n the plat of RIVERBEND, PHASE 1, as platted and recorded May 10, 2006, Recept10n No. 2006-032092, Lane County Deeds and Records ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PARCELS-l THROUGH 9: All that port1on descr1bed 1n deed to the Lane County, a pol1t1cal subd1v1s1on of the State of Oregon, recorded September 28, 2006, Recept10n No. 2006-070659 Lane County Off1c1al Records, all 1n Lane County, Oregon. Date Received: APR 1 4 2008 j Original Submittal NilBlY~" ,-,' /~n~+, 1 r, ~ 3 4 EI E. 7 RiverBend Final Plat 'fl,,\, ' . '*1, ",. Outitanding IteminThm?ti:~ ~w' ':'" tom.m.e.nt e" , , :"4Vjffge,ap , If' Sl~tu~ , : Respgn~~~:4:$l$"jh Reservation Document for Public Trail Easement on LOT 9 - Jim D closed City will review encumbrances on proposed Lot 9 (draft revIew copy emalled to Carole 2/20/08) Andy L and decide whether sheet notes with reservatron document are sufficient as submitted Reservation Document for Game Farm Rd 30-foot Public Trail Easement across off site Parcel 1 - (draft review copy em ailed Carole 2/20/08) Public Way Use Agreement - (draft review copy emalled to Carole 2/20/08) Denms Ernst Len Goodwin On the plat draWings, the words "River Path" shall be changed Cullen to "Riverside Trail" to be consistent with recorded Maintenance Agreement and Lot 9 trail easement above 9 - (In progress Cullen Pearcy/Danny DennlnQ) Decide where to draw the ROW line for the north edge of Cardinal way, between MLK and Game FarmRoad This affects the area of subdivIsion Lot 2 and of the area of the entire subdivision, which In turn affects the calculation of the Plat Final Application Fee (fee calculatron to be performed by the City) Cullen / Danny Decide how to depict the west edge of subdlvslon Lot 4 We Danny have not shown the 25-foot.wlde MLK public trail easement because It IS not reqUired Maintain or change this approach? Plat needs to show permanent monument showing elevation Danny Page 1 of 12 closed closed closed closed closed closed No response has been received from Staff Applicant assumes the documents are acceptable as submitted No further actron reqUired City has approved proposed reservation document City has reviewed ROW Use Agreement Carole confirmed approval on 3/5/08 Annotations on plat sheets changed as proposed Meeting agreed that the small encroachment of Sidewalk onto PUE (about 13ft) is acceptable and that KPFF would change the easement type to "Combined PUE & Sidewalk Easement" to be shown on next submittal 1) Meeting accepted the PUE Widening to 30' In preference to separate Qwest easement 2) KPFF will have survey crew map the MLK construction against the proposed nght.of.way and forward to Owner & City for deCISion The concern IS whether the 10' PUE IS suffiCient for the Sidewalk or whether the Sidewalk requires a separate easement 3) Mapped & venfied by KPFF Plat reflects situation on the ground. Applicant's surveyor set Permanent Monument on 2/26/08 Date Received: APR 1 4 2008 Original Submittal 080226-Appllcant-Response080414 "lLead ~":~0':iJ"$1i(y) 'IRespqIfse '-Fiii~RI~~~oin' 'N~~9UNTY, 18ft ce~ectt1123tQ8)' , SW.'.{"d ',<,<\ ~!' /.~ y;"", Only the property owned by Peace Health should be Included Danny closed 1) DISCUSSions with DenniS Ernst concerning within the plat ReVise the exterior boundary lines and vacating tracts previously dedicated to the City for Surveyor's Certificate to depict what IS Included In the deeds MLK and title report RlverBend Final Plat N wl/w' o '~I' 1 General 1a I) The rlght.of.way of Martin Luther King, Jr Parkway and the westerly portion of Cardinal Way should not be Included Within the boundary of the subject property, as they have already been conveyed to the City and are not Included In the deeds of the subject property or the title report closed General JlmD Andy L Carole Danny Cullen 1 b General II) Deadmond Ferry Road, along the north boundary of Lot Danny 9, IS a County Road and the boundary of the plat should run along the southerly boundary of the right-of-way closed 1 c General III) A 25' rlght.of.way Baldy View Lane has also been Danny closed formerly dedicated to the public It appears that former dedications of Baldy View Lane extend slightly farther south than what IS shown Has thiS portion been vacated? Date R 3ceivec . APR " 4 2008 Original submittaL Page 2 of 12 " I 2) Plat Boundary and Certificate have been revised to show that right-of-way for MLK Jr Parkway IS excluded from Dlat 1) Planning Will diSCUSS With City Attorney KPFF Will proVide exhibit for diSCUSSion Meeting agreed that the full public ROW vacation process IS unWieldy because the Vacation article of the City's Development Code IS a 'one size fits all' procedure At present, there are no prOVIsions In the City'S Code for a scaled.back vacation process to accommodate minor adjustments to public ROW Applicant and City staff Will research pOSSible mechanisms to adjust the ROW configuration Without requIring the full vacation process Emergency Ordinance was tabled as pOSSible mitigation for schedule delay 2) Updated MLK legal descnptlon submitted to City on 3/27/08 Plat draWings updated to reflect current legal deSCription 3) On 4/3/08 City confirmed Applicant to proceed With plat as updated Plat Boundary and Certificate have been adjusted to exclude dedicated rlght-of.way for Deadmond Ferry county road ThiS plat submIttal shows the corrected boundary ThiS submittal Includes revised lot closures With Lot 9 and the overall subdiVISion closures corrected to reflect thiS boundary change Applicant believes these are granted easements, not dedicated right-of-way County confirmed In writing (Michael Jackson, 4/1/08) that they have no record of any dedications for Baldy View Lane No right-of-way vacation applications have been made by the Applicant 080226-Appllcant-Response080414 RlverBend Final Plat No 2 General " -Comment '~dX The extenor monuments, where there are changes In the Cullen direction of the boundary, must be set pnor to recording per ORS 92 060(5) The Post Monumentatlon certificate on Page 22 seems to Indicate that these will be set at a later date Please use a different symbol for the monuments set pnor to recording, and the ones set after recording, and revise post. mon certificate Can the boundary of Lot 9 along the northerly portion of the Cullen slough be monumented? It seems that If there are found monuments In that area others could be set 2.General 4 General The centerlines of nght-of-ways must be monumented per Cullen ORS 92 060(2) t,General Please make a note on each page that the dimenSions shown Cullen along boundary are record per CSF 39772 or LPPN 2006- P2030 Perhaps the dimensions should be In parentheSIS or shown with a ..... with applicable reference, so that It IS clear the dimensions are not necessanly the measured distance between monuments EiGeneral It would be helpful to have a legend on each page showing the Cullen monument symbols used on that particular paQe 7 General There are several eXisting easements noted In the title report Cullen / that are not shown on the plat These should be shown with as recording numbers given If they are to be extingUIshed, please provide documents showing they have been vacated, or updated title report With easement references removed E: General The Declaration appears to be a duplicate of Phase 1 and refers to some, but not all, of the newly created easements They should either all be listed, or stated generally (Ie dedicate all PUE's as shown, all Public Storm Drainage Easements, all Slope Easements, etc) If they are to be created by separate documents, Indicate that In the declaration, also (Ie create by separate documents the Orlvate easements as shown on the DIal. ete ) Does the Floodway information need to be on all sheets? If It were only on Sheet 1 It would make areas With a lot of detail easier to read, Recommend uSing different Iinotypes for Flood Hazard Boundary and Floodway (or pOSSible a light hatching on Sheet 1 to indicate which IS what IS "In" those areas Cullen Cullen / Danny 9 General Page 3 of 12 Status' closed closed closed closed closed open closed closed R~poiijj,,~" Symbols have been changed on the Plat Applicant's surveyor IS planning to set monuments at these locations pnor to recording plat Symbols have been changed on the Plat Applicant's surveyor believes monuments can be set at the Indicated locations, and IS planning to set these pnor to the plat recording Plat has been reVised Planning to set monuments at these locations Note has been added to all sheets stating that" The extenor boundanes on thiS plat and their measured dimenSions as shown hereon, are per County Survey File No 39772" A symbol legend has been added to all sheets These eXisting easements have been added to the plat, to be consistent With the title report Concurrent With thiS plat reView, the Applicant IS working With Cascade TItle to remove some easements that have been qUItclaimed, and requesting release or diSSolution of Interest In others If these are successfully dlsolved pnor to the plat recording, the relevant plat sheets Will be reVised to reflect the easement diSSolution Declaratalon has been reVised to address thiS review comment Plat has been reVised Date Received. APR 1 4 2008 Original Submittal 080226-Applrcant-Response080414 Nq'!t 10 General 11 General 12 General 13 Sheet 1 14 Sheet 1 15 Sheet 1 16 Sheet 1 17 Sheet 1 18 Sheet 1 RlverBend Final Plat , 1!:ea7filifia6u, ~,tCJtUSt Cullen closed Cullen ~~!!pon~;\ Plat has been revised Plat has been revised ,~~ " ~~ Co1!i1Pe!!.tr::'~' ';4=: Include SE Quarter of Section 22 In Title Block on all pages Make changes on all pages to Tax Lot Information In lower left corner (edits are noted In bold) 17-03-14.4 17.03-14 TL's 1200, 1600 & 1800 17-03-23-22 Update expiration date on Surveyor's Stamp Revise boundaries (bold lines) as noted In #1 above Give description of monument found at Northwest corner of DLC 46 Label NE Corner of DLC as Initial POint Remove "Exact Copy" statement Label Adjoining subdiVISions (Ie First Add to Buena Vista and Baldy View Condo) Label southeasterly boundary as Ordinary High-Water Line and easterly boundary as Spring Slouqh Include recording numbers for Improvement agreements In Note 4 Table Cullen closed Cullen closed Cullen closed Cullen closed Cullen closed Cullen closed Cullen open Plat has been reVised Plat has been reVised Plat has been reVised Plat has been reVised Plat has been reVised Plat has been reVised The Applicant plans to record three (3) Improvement Agreements concurrent With plat The Applicant plans to Insert these Recording Numbers by hand In the spaces provided on the plat, at time of recording the plat 19 Sheet 1 Legend 20 Sheet 1 (a) Legend Add a symbol Indicating monuments to be post- Cullen closed Plat has been reVised monumented 21 Sheet 1 (b) Legend Typo "Partition" I Cullen closed 1 Plat has been reVised 22 Sheet 1 (c) Legend Include "IN" abbreViation for Index Number of Cullen closed Plat has been reVised Lane County Corner Records 23 Sheet 2 Show r/w width along Deadmond Ferry Road Cullen / closed Plat has been reVised Dannv 24 Sheet 2 Bearing along west side of Lot 10 does not match Surveyor's Cullen closed Plat has been reVised Certificate 25.Sheet 2 Separate table below for Curve 3 can be eliminated Are C119. Cullen closed Plat has been reVised to eliminate redundant table C122 shown on this page? Curves C119 and C122 are shown on this sheet (lower right) 2€.Sheet 3 Make lines along MLK, Jr Pkwy right-of-way bold, since It IS not Danny closed Plat has been reVised per review comment part of platted property 27 Sheet 3 The alignment of MLK, Jr Pkwy does not match the deed or Danny closed A dedication deed for the new/proposed ROW of what the county surveyed (CSF #40328) Has there been a MLK & Cardinal Way has been submitted to the City recorded reVISion, or are there portions being dedicated on this for recording and matches what IS shown on plat plat? If so, It should be delineated on the plat Refer to Applicant Response to County Comment 1A above 28 Sheet 3 Indicate that St Joseph Place IS being dedicated I Cullen I closed IPlat has been reVised 29 Sheet 3 Initials for cll.clllntersectlon should be MLK and ST J Cullen I closed IPlat has been reVised 301 Sheet 3 Move "L-5" and "L-6" to base of arrow Cullen I closed IPlat has been reVised 31 Sheet 3 Include the portion of E-19 where It meets St Joseph Place Cullen closed Plat has been reVised (NE corner of map) 32 Sheet 4 What does the chord Information pertain to on the left side of Cullen closed This was an errant label, Plat has been reVised Curve Table? 33 Sheet 4 Distance of tangent along MLK, Jr Pkwy, between Cardinal Cullen closed Plat has been reVised, Sheet 5 has been corr(jted Way and a pOint near SE comer of LPPN 2002-P1627, IS to show 235 11 Date Receive : shown as 235 11 on pq 4, but on Pq 5 It IS shown as 232 80 341 Sheet 5 Info for C29 In Curve Table IS Incorrect I Cullen 1 closed 1 Plat has been reVised APR 1 '1 290ft 35 Sheet 6 What IS E.13? If It IS road r/w, It should be monumented, Cullen closed Plat has been reVised shown With a solid line and named Page 4 of 12 Original SubmittaL 080226-Appllcant-Response080414 RlverBend Final Plat 37 Sheet 7 38 Sheet 10 1!'P[ffment ~ Lead ~~ To avoid confusion, please use a different line type than that of Cullen easements to distant found monuments (Ie monument "59") C50 IS listed twice In Curve Table, but C54 IS not Included Cullen Distances between monuments along LPPN 2006.P2030 do Cullen not match what IS shown on plat Label First Add to Buena Vista Move "L54" and "L55" to base of arrow The limits of E13 are unclear "L59", "L60" & "L61" are displaced Will there be additional dedication for rlw to round out curve for Andrew Baldy View Lane? If so, It should be shown ",Status,. J 'Bespbnse closed Plat has been revised , I N~; '" ,~ 36 Sheet 6 closed Plat has been revised closed Plat has been revised 39 Sheet 12 4C'Sheet 12 41 Sheet 14 Cullen Cullen Cullen closed Plat has been revised closed Plat has been revised closed Plat has been revised 42 Sheet 15 closed 1) None proposed, but KPFF Will seek c1anficatlon of the question from County 2) County confirmed In wntlng (Michael Jackson, 4/1/08) that County has no Junsdlctlon over Baldy View Lane and that "Lane County would not have any authonty for a Vacation" 3) City confirmed that all easements for Baldy View Lane should be shown on the plat I 4~ISheet 15 Check limits of dedications It appears that It should be Reel Cullen closed Plat has been revised 279/32298 (not 8544777) that ends at the south line of TL 1802 4;: ISheet 15 CSF 39772 shows the Waterline Easement continuing Danny closed Waterline Easement has been revised on plat southerly, but plat shows It terminating at boundary line Give Recordlnq number of Waterline Easement 451Sheet 16 I"L47'" "L50" & "L51" are displaced Cullen closed Plat has been revised 46 Sheet 16 Label "Ordinary Hlqh Water Line" and "Spnng Slough" Cullen closed Plat has been revised 4i'Sheet 16 Lot 9 River Frontage note IS on thiS page twice (see comment Cullen closed Plat has been revised "c" on page 23 reqardlng thiS easement) 48 Sheet 17 Note regarding Lot 9 Drainage easement IS on there twice Cullen closed Plat has been revised 49 Sheet 18 Include beanng of southeasterly boundary along TL 1300 Cullen closed Plat has been revised 50 Sheet 19 Labellnrtlal POint Cullen closed Plat has been revised 51 Sheet 19 Show full RIW of Deadmond Ferry Road Give Width of RIW Cullen closed Plat has been revised 5?Sheet 19 The 10' easement Rec 88-41977 should be pOinting to the Cullen closed Plat has been corrected to show easement per more southerly dashed lines The Book 136/Page1097 are the review comment reference of the Commissioners Journal accepting that deed 531Sheet 19 ISeveral "L#'s" are displaced In the northeasterly corner 1 Cullen closed Plat has been revised 541 Sheet 19 IGlve recording number for waterline easement 1 Cullen closed Plat has been revised 55 Sheet 19 The recording #'s listed near monument 19, should be "End of Cullen closed Plat has been revised #854477, Beqlnnrnq of #32298 561 Sheet 20 ILabel Spnnq Slouqh Cullen closed Plat has been revised 57 Sheet 20 Check beanng west of monument 73 Surveyor's Certificate Cullen closed Plat shows correctly Beanng corrected to 71-14'- calls It 740 51"ln Surveyor's Certificate 58 Sheet 21 Is thiS page needed? Are the Zones likely to change In the Andrew closed ThiS sheet IS required per a City condition of future? approval from the subdivIsion Refer to #1 of SUB2006.00044 Date Received: APR 1 4 2008 Page 5 of 12 Onglnal SubmIttal 080226-Appllcant-Response080414 RiverSend Final Plat 'I" " NoH' ,,,,eOfllrnent , " . " Cead~~tatus.( ',ZRe~ponse ~.:~': 59 Sheet 21 Remove Exact Copy statement Dannv closed Plat has been revised 60 Sheet 22 Surveyor's certificate Paragraph 2 Indicate that the Northeast Cullen closed Plat has been revised Corner of DLC #46 IS the Initial POint 61 Sheet 22 Surveyor's cerliflcate Descnphon should be along the Danny closed Plat has been revised southerly boundary of Deadmond Ferrv Road 62 Sheet 22 Surveyor's certificate Check course 10 along Spnng Slough Cullen closed Plat has been revised Map has different beannQ 63 Sheet 22 Surveyor's certificate "15 Courses" list (last paragraph of first Cullen closed Plat has been revised column) Course 11s not the same as shown on Map, Course 6 Distance IS different than map, Course 13 chord beanng IS different 64 Sheet 22 Surveyor's certificate "6 Courses" list (middle column) The Cullen closed Plat has been revised. second course IS missing After the 110 62' course, there should be a course of N02024'36W 192.37, before the curve (shown on page 3 ), Spelling of northerly In course 2 & 3 65 Sheet 22 Surveyor's certificate "3 Courses" list (after "Along the Danny west ") Course 1, Map shows N 1046' 43"E, Course after Course 3, Map shows 137 31 6E;Sheet 22 Narrative The narrative states that the boundary resoluhon IS Danny as shown on CSF # 39772, except for TL 100 and Lot 3 What IS TL 100? What Tax Map? The boundary shown IS not the same as CSF # 39772 along Deadmond Ferry and Baldy Lane In Lot 9 67 Sheet 22 Post-Mon Certificate The Penmeter of the plat must be Cullen monumented before the recording of the plat If open circle symbols are to Indicate monuments set after recording make the monuments set before a different svmbol 68,Sheet 22 References I don't see any reference used from the county Danny survey of MLK, Jr Pkwy (CSF# 40328) It seems that since the road cuts through the middle of the plat that there should be some references used from that survey 6S'Sheet 23 Declarahon (see note 8 In general comments) Danny 70 Sheet 23 71 Sheet 23 Question marks after word "Acknowledgement" Recommend putting recording information for easements on the plat Just once and making a cross reference note to see Sheet 23 (Ie Lot 9 River Frontage Reservation) Cross reference on the last page with the easements "E#" shown on mao Cullen Danny Page 6 of 12 closed Plat has been reVised closed Narrative has been reVised closed Plat has been reVised closed Plat has been reVised to show reference to Survey CSF# 40328 closed Declaratalon has been reVised closed closed Plat has been reVised Declaration and pertinent sheets have been reVised per comment Date Received: APR 1 4 2008 Onglnal Submittal 080226-Appllcant-Response080414 ,;.f&It'omm9111.y, ";;w@w '." ~;<A\; IL;'e~c!"'I~.tus'"T0!' "I~esponse!i:~,,""" , arPlat"'C9mm~nt$~!I1 the'Cit9' of S ' '~~eC1iveaf!l/31/08~,!t'y: ~~, /-" ,"~# e'/ >.'>. ~'- .#h 1'tdt: f~ ..:."''. / / -' -...-... These 'edti'm/eats ~ Jrf:aadtflOn to'()ommeiltsvrovideo bV Lane CouiftViSurv?rv:or'StQ/flcJ;;feceJve(/ 1/23/08 1 General Please send me copies of documents extinguishing eXisting Danny closed Documents have been sent easements of record 2 General Please send me the CAD file for this plat as we discussed at Cullen the pre-submittal meetlnq 3 General Once the county surveyor's office comments and these comments have been addressed, please send both of us a revised copy of the plat At this time no field Issues have been addressed, no check made on the calculations or checks made on the eXlstlnQ easements of record 4 Sheet 1 Show general location of common areas Note the citation for Andrew the CC & R's to be recorded with the plat Each sheet should Danny show the specific location of all common areas and a reference to the CC & R's PiP RiverBend Final Plat 5,Sheet 1 6 Sheet 1 7 Sheet 1 8 Sheet 1 9 Sheet 1 10 Sheet 1 11 Sheet 2 12 Sheet 2 13 Sheet 2 14 Sheet 3 15 Sheet 3 Danny Cullen Cullen Label Initial POint Use a different line type for Flood Hazard Boundary and Floodwav Complete plannlnq lournal number (All sheets) Cullen Show distance between DLC corners Cullen All eXisting easements must be show or noted on the final plat Cullen Remaining easements Will be checked against the updated title report that you Will be providing later (Applies to all sheets) You may want to consider showing your sheet gnd to make It easier for someone to find the nqht sheet Show nqht of way Widths on Game Farm Road Monument 85 not noted In table Show location of easement 31 If you are creating It at this time (Do the same for any other sheets where this easement IS shown) Cullen Cullen Cullen Cullen Andrew The label for the MLK-SJP has an Incorrect abbreviation for station 10+00 (ST J not COW) There are a lot of dashed line types on the street sheets I would suggest uSing more different line types to make easier to tell which easement IS which Consider a public line type, a pnvate line type and maybe a temporary line type (Do the ,same for all sheets) Cullen Cullen Page 7 of 12 closed open open closed closed closed closed closed closed closed closed closed closed closed WAWF ,>''0"91 , CAD file has been sent To be completed after all comments have been addressed 1) KPFF to forward to City copy of Common Areas Map Sent to Denms Ernst 2/27/08 2) Reference to CC&Rs added to NOTES on Plat Cover Sheet The CC&Rs contain a map delineating the Common Areas referenced In the Maintenance Agreement Plat has been reVised Plat has been reVised Plat has been reVised Plat has been reVised These eXisting easements have been added to the plat, to be consistent with the title report Concurrent with this plat reView, the Applicant IS working with Cascade Title to remove some easements that have been qUitclaimed, and requesting release or diSSolution of Interest In others If these are successfully dlsolved pnor to the plat recording, the relevant plat sheets Will be reVised to reflect the easement diSSolution Plat has been reVised Plat has been reVised Plat has been reVised A temporary public access easement has been added to the plat It Will automatically erase with dedication of permanent easement concurrent with future site development Plat has been reVised Plat has been reVised Date Received: APR 1 4 2008 Onglnal Submittal 080226-Appllcant-Response080414 RlverBend Final Plat Ngj, C011l{1lent~ ''Wi <,.:; ":<i'a,,< Lead <Staiu~'< ,8; Re!?litmse~ , ~~,-i'\.~''- << 16 Sheet 4 Show the beannQ on the centerline of Game Farm Road Cullen closed Plat has been revised 17 Sheet 4 Move label L5 so that It's more readable Cullen closed Plat has been revised 18 Sheet 5 The square found monument symbol by the legend leads me Cullen closed Plat has been revised to believe these monument were set by P2030 You need to differentiate monuments set by the Rlverbend , Phase I plat from those set In the later partition plat 19 Sheet 6 What IS the dashed line from Mon 59 to the East PT mon on Cullen closed Plat has been revised Rlverbend Dnve? If this IS Just a tie, use a different line type that the easement line tvpe 20 Sheet 6 There IS a dashed line running Southeast parallel with Baldy Cullen closed This IS the east line of road easement per Reception View Lane In the VIClnltv of Mon 18 What IS this? No 32290 21 Sheet 6 Label easement parallel with the line Mon 18 IS on Cullen closed Plat has been revised 22 Sheet 9 Move labels L23 and L 24 so they are more readable Cullen closed Plat has been revised 23 Sheet 10 The distances along the westerly nght of way of MLK do not Cullen closed Plat has been revised match the Partition plat If they are different, show both distances (Also see note for sheet 5. note 1) 24 Sheet 11 Set Rlpanan boundary monument where It Intersects the Cullen closed Plat has been revised Southerly property line and show tie to the Southeast corner 25 Sheet 11 The McKenzie River Conservation easement (2005-064895) Cullen closed Plat has been revised has a certain location descnbed In the document DimenSion It's location like you would for any other easement (Do the same for all other sheets where it is shown) 26 Sheet 11 Show the dimenSions of the location of the nght of way Cullen closed Plat has been revised easement to the USA Vol 353, Paqe 220 27 Sheet 13 Move L 37 to end of leader Cullen I closed I Plat has been revised 28 Sheet 13 What does the L=3251 82 feet go to? Cullen closed Direct tie from the end of the Spnng Slough Course to the Southeast Corner of the Plat All beanngs and distances of boundary segments cOincident with OHW have been removed 29 Sheet 13 Move label L 31 so that It'S more readable Cullen I closed I Plat has been revised 30 Sheet 14 Please show correct name for the street segment gOing Cullen / closed Meeting (2/26/08) agreed It would be suffiCient to Northeasterly off the end of Baldy View Lane Andrew denote on Plat as "Future Street" Plat has been revised as agreed 31 Sheet 14 Consider revIsing Notes 1 and 2 with the agreement or deed JIm 0 closed Similar to County comment 1A above See restnctlon document we talked about at the pre-submittal Andy L response to that comment meeting 32 Sheet 15 Label Baldy View Lane I Cullen 33 Sheet 15 You Will need to set the most Northerly corner of lot 8 and the Cullen pOint where the easterly nght of way of Baldy View Lane Intersects the Northwesterly line of Lot 8 34 Sheet 15 A monument must be set at the centerline intersection of Baldy Cullen View with the outer boundary 35 Sheet 18 Show the beanng of the line In the Northwest corner of the Cullen sheet 36 Sheet 19 Move label L 63 and L67 to the ends of the leaders I Cullen 37 Sheet 19 Move the L - labels along the Southwest Side of tax lot 1201 to Cullen the ends of the leaders and so they are readable I closed closed I Plat has been reVised Plat has been reVised closed Plat has been reVised closed Plat has been reVised I closed closed I Plat has been reVised Plat has been rev~ate ~eceived: APR 1 4 2008 Page 8 of 12 080226-~etl-I$uPm~~0414 No 38 Sheet 20 RiverBend Final Plat COmf!1~!I( . f,% . DUring the field check an evaluation will be made as to If additional monuments or reference monuments can be set along the slough 39 Sheet 22 As per the county surveyor comments to exclude dedicate roadways from the plat, please amend the description and discuss In the narrative 'JL~{i.%1f::j St!l~US Danny open Dennis Danny closed Page 9 of 12 . Respdlise KPFF will site-Inspect for each of the proposed boundary monuments where the slough would prevent practical placement Will address with City and with County for concurrence at time of setting monuments Description and narrative have been reVised Date Received: APR 1 4 2008 Onglnal Submittal 080226-Apphcant-Response080414 \ 1118ii1&$sysyfr~1 Lead I StatUs ,';."',IResponse' "om theA~~it~piingfield!~2nd Review, R~Ce!~~ ,~ , 8 -... ' ">... ' ,> -...>.0'&.'111&,*,');;"*,,, A -.. ,%:>-" ,'-, Thesfloomijient!are.:.qenerate!Jlfltiwrevlewmg the As.bUdfJ1Jt1tJJicvmprovfi'ment plane against thfNll~~~: ,< ; The as-bUllts show a pond on the westerly portion of Lot 11 Andrew closed City requires verification that flows Will not exceed with a spill way on the northerly Side No easement has been pre-development conditions proVided to overflows to be conveyed to some other drainage faCility RlverBend Final Plat 'f.l'o lk~' i*l~omment ' ~ij , 1 Sheet 2 2 Sheet 3 The public access easement to the pond needs to be show In Cullen a definite location unless It covers all of the lot and that clearly describe In the note You may want to provide a temporary easement and a deed restriction for the creation of the future perman anent easement 2.Sheet 3 There appears to be an un-labeled easement near the label for Cullen curve C123 Nease label It and show the dimenSions 4 Sheet 3 Should line L3 be a curve? Cullen e:Sheet 3 It appears there may be utilities (private?) out Side of the nght Andrew / of way and not In an easement on both Sides near station Peter 11 +00 of St Joseph Place E;Sheet 3 There IS a storm drain line gOing to a catch basin In Lot 7 near Andrew / station 12+0468 ThiS needs an easement (public or pnvate?) Peter 7 Sheet 3 Is that a well on Lot 1? Is thiS to be abandoned or do you Andrew / need easements for overhead power and other potential uses? Peter 8 Sheet 3 There IS a ditch On Lot 7 with a Inlet structure Where IS the public or pnvate easement for thiS? Andrew / Peter 9 Sheet 4 Near the northwest corner of Lot 2 there are storm drain faCilities that drain to the north along Game Farm Road and enter and easement provided on Lot 1 ProVide public or pnvate easements for drainage across Lot 2 Andrew / Peter closed closed closed closed closed closed closed closed 10 Sheet 4 On lot 8 there IS a public trail easement (E-7) The recent site Andrew / closed plans for lot 8 show more walkways through Lot 8 If these can Peter be used by the public the nght for there use needs to be dedicated Please look at Lot 8 and see what public or pnvate easements may be needed or deed restnctlon created to Insure thev Will be dedicated In the future Page 10 of 12 On 3/18/08 KPFF submitted a Memo (dated 3/3/08) to the City, venfylng that spillway flows are for extreme events only. and that flows cannot exceed pre-development conditions Additionally, a public drainage easement has been added to the plat, to address the review comment On 3/19108 CltV confirmRrl aooroval of thR MRmn_ Similar to Comment 13 above from City 1 st Review Comments A temporary public access easement has been added to the plat It Will automatically erase with dedication of permanent easement concurrent with future site development Plat has been revised Easement line type was changed to better Identify the easement Line segment "L3" IS a tangent Meeting (2/26/08) agreed thiS explanation IS sufficient Pnvate utilities (Irrigation, electncal for signs) Meeting agreed thiS explanation IS suffiCient SD connection from Lot 7, pnvate Meeting agreed thiS explanation IS suffiCient Our survey file shows a well No action IS planned at thiS time Meeting (2/26/08) agreed thiS explanation IS suffiCient Duplication of Comment 6 above See response to that comment EXisting culvert that conveys pnvate rain runoff only, therefore no easement or further action required Meeting (2/26/08) agreed thiS explanation IS suffiCient Only Meadow Path IS a "public trail" Meeting (2/26/08) agreed thiS explanation IS suffiCient Date Received: APR 1 4 2008 Onglnal Submlttal__ 080226-Apphcant-Response080414 RlverBend Final Plat No 11 Sheet 5 Commenf:/:;~~' Lead The as-built plans show easement E3 as Including drainage as Andrew / well Include drainage with this easement or change the as- Peter built plans to match the plat 12 Sheet 5 The as-bullts Indicate that there are street lights outside the Andrew easements along MLK Please review the street lights along all right of ways and make sure they are In easements 1~iSheet 9 There appears to be a utility vault on the west side of Rlverbend Dr that IS outside the PUE Andrew 14 Sheet 10 There IS a catch basin located on Lot 4 with the as-bullts Andrew Indicate to be private Show private drainage easements for all private drainage Infrastructure Page 11 of 12 , St,!rfl:: closed closed closed closed , ResnonsP&~t::'\ ~ "E2X:t~ ~ -.. Drainage not Intended to be Included The source of the confusion IS two remnant errors on the PIP "A" As-built Sheets C 12 3 and C7 4 Corrections were made to the vellums at the City on 3/7/08 Plat sheets depict the easements correctly Meeting (2/26/08) requested that KPFF review and comment further on this Issue 1) Applicant assumes review comment IS directed at pathway lighting because they are the only lights shown along MLK on the RlverSend Public Improvement Plans 2) Path lights are within the 14' PUE (ref Detail 6 on Sheet C12 3) 3) Street lighting for MLK was the responsibility of that County project and the lighting fixtures have not been surveyed by the Applicant They should be located within 8' of the curb of MLK, which IS being platted as an "8-foot Street Tree & Street Light Easement" (per the detail Identified above) NOTE. per reSDonse to the comment above, that an error gn the as-bwlts In this detail was corrected on 3/7/08 The City Review correctly Identifies vaults that are outSide of the 10-foot PUE KPFF VISited the site and surveyed the location of the vaults (29' from ROW) The vaults Identified are speCifically for TEMPORARY POWER to the construction site trailers These vaults are the responsibility of the Contractor and Owner Private connection to storm drainage for LOT 4 Meeting (2/26/08) agreed this explanation IS sufficient Date Received: APR 1 4 2008 Original SubmittaL 080226-.A:pplrcant-Response080414 .. ' .. I- RiverSend Final Plat Noyi" COm_t:,\" ~~l!d 15 Sheet 13 There appears to be a detention pond located Northwest of the Andrew path on Lot 8 Show public or private drainage easements for a drainage Infrastructure Please Include overflow route If there IS a spillway 16 Sheet 14 It looks like there IS a new power line gOing to the new Andrew structure bUilt near the river on lot 8 PrOVide and easement for thiS and other utilities that may serve It Page 12 of 12 Status closed closed ~~ Response:>')/' There IS a temporary stormwater Infiltration pond (for the duration of construction) between the hospital and the river There IS a private stormwater detention pond between the hospital and RlverBend Drive It's not clear which one IS being referred to, but both are private and are adequately served Meeting (2/26/08) agreed thiS explanation IS suffiCient ReView comment appears to be directed at service to the River House EXisting electriC power and telephone Line easement (Reception No 22343) has been qUitclaimed by SUB SUB has confirmed (Ed Head, 4/9/08) that they have no Interest or need for any easements In thiS vIcinity The power feed to the River House IS a Single, private supply to a Peace Health-owned faCIlity and as such does not require an easement Date Received: APR 1 4 2008 Original SubmlttaL_ 080226-Appllcant-Response080414