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Home My WebLink AboutAgreement APPLICANT 5/30/2008 DECLARATION OF ACCESS AND MAINTENANCE AGREEMENT FOR PUBLIC LANDSCAPE 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 ./ 1 This Agreement IS entered Into between PeaceHealth, a Washington non- profit corporation, Wlllamalane Park and Recreation DiStrict, an Oregon special diStrict, and the City of Springfield, a municipal corporation of the state of Oregon 2 This Agreement IS made to comply with Condition 21 of the Conditions of Approval of RlverBend SubdivIsion Tentative Plan SUB 2005-00012 of the City of Springfield, dated May 10, 2005 which provides as follows "Condition 21 Prior to Final Plat approval, the applicant and the City shall enter Into an agreement prOViding for the long-term access and maintenance of the proposed public landscaping areas, public access ways and paths, and open public storm drainage systems" 3 PeaceHealth, a Washington non-profit corporation, IS the owner of the real property more particularly deSCribed and set forth In Exhibit A, attached hereto and Incorporated herein by reference The parties are entering Into this Agreement with reference to a Plat, a copy of which IS attached hereto and Incorporated herein by reference as Exhibit B Said Plat IS recorded as follows 4 This Agreement IS entered Into In order to proVide for the provISion and ongoing maintenance of landscaping, trails, associated trail and access way Improvements, and open pUblic storm drainage system necessary for the RlverBend Project " - 5 The parties hereto have agreed to speCific responSibilities concerning the cost for the installation, construction, and maintenance of the landscaping and trails and open public storm drainage systems Within the RlverBend Master Plan area 6 CONSIDERATION The conSideration for thiS Declaration of Access and Maintenance Agreement IS the reciprocal promises and responSibilities made and accepted by each of the parties to thiS Agreement NOW THEREFORE, based on the foregOing ReCitals which are expressly made a part of thiS Agreement the parties hereto agree to apportion the speCific responsibility I MAINTENANCE AND ACCESS AGREEMENT Page -1- l':' l'2n Date Recelved.~.r2.Do~ Planner. AL t']'; for the cost of Installation, construction, and maintenance of the landscaping, public access ways and paths, and the open public storm drainage systems as follows 1 Martin Luther Kina r'MLK") and Cardinal Wav. west of MLK (See Exhibit B) (a) City Will retain ownership of MLK median nght-of-way and Cardinal Way median nght-of-way, west of MLK (b) City will Install at City expense and maintain median trees, landscaping, and Irrigation system 2 MLK 30 foot Buffer LandscaDlna. (See Exhibit B) (a) PeaceHealth Will, at PeaceHealth's expense, Install and maintain street trees, and maintain landscaping and Irrigation system. City Will maintain street trees paid for and Installed by PeaceHealth but PeaceHealth has the option to replace the trees with other trees satisfactory to City PeaceHealth Will assume the replacement cost for trees Installed at PeaceHealth's option (b) If street furniture or other appurtenances, for example, benches, trash receptacles, par course equipment, etc, are paid for and Installed by PeaceHealth, PeaceHealth Will maintain these Unless arrangements are made to the contrary, other appurtenances that may be paid for and Installed by the City, Lane TranSit Dlstnct, or Wlllamalane Park and Recreation Dlstnct, Will be maintained by the furnishing party 3 MLK Multi-Use Trail (See ExhIbit B) (a) In accordance with the requirements of Condition 27 of the SubdiVISion Tentative Land Use DeCISion (SUB 2005-00012), PeaceHealth shall dedicate/reserve a minimum 25-foot public trail easement to the City for public access through the SubdiVIsion Such dedication/reservation shall be descnbed on the Final SubdiVIsion Plat or other Instrument acceptable to the City (b) City Will maintain ownership of the MLK Multi-Use Trail PeaceHealth Will, at PeaceHealth expense, construct and Illuminate trail Such construction and trail Illumination shall be Included In the Public Improvement Plans (PIP), and bUilt to City standards and speCifications (c) Where necessary for public safety City Will, at City expense, maintain trail surface City Will sweep trail (d) If street furniture or other appurtenances, for example, benches, trash receptacles, par course equipment, etc., are Installed by PeaceHealth, PeaceHealth Will maintain these Unless arrangements are made to the contrary, other appurtenances that may be Installed by the City, MAINTENANCE AND ACCESS AGREEMENT Page -2- <r J _( Date Received.~ z=g Planner' AL Lane Transit Dlstnct, or Wlllamalane Park and Recreation Dlstnct, will be maintained by the furnishing party (e) City will own, maintain, and power the Illumination system (f) PeaceHealth will be responsible for litter removal 4 Game Farm Road So Buffer (See Exhibit B) (a) PeaceHealth,'at PeaceHealth's expense, will Install and maintain all landscaping including trees and the Irrigation system PeaceHealth Will maintain all landscaping Including trees and the Irrigation system (b) If street furniture or other appurtenances, for example, benches, trash receptacles, par course equipment, etc , are Installed by PeaceHealth, PeaceHealth Will maintain these Unless arrangements are made to the contrary, other appurtenances that may be Installed by the City, Lane TranSit Dlstnct, or Wlllamalane Park and Recreation Dlstnct, Will be maintained by the furnishing party (c) PeaceHealth Will be responsible for all litter removal 5 Game Farm Road So Trail (See Exhibit B) (a) In accordance with the requirements of Conditions 28 and 29 of the SubdivIsion Tentative Land Use DeCISion (SUB 2005-00012), PeaceHealth shall dedicate/reserve a 25-foot Wide public trail easement to the City through the SubdivIsion Such dedication/reservation shall be descnbed on the Final SubdivIsion Plat or other Instrument acceptable to the City (b) PeaceHealth Will, at PeaceHealth's expense, construct and Illuminate trail Such construction and trail Illumination shall be Included In the Public Improvement Plans (PIP), and bUilt to City standards and speCifications (c) City Will maintain trail surface where necessary for public safety City Will sweep trail City Will be responsible for locating funding for trail/pavement preservation. City Will own, maintain, and power the Illumination system 6 Other Street Medlans-St ]oseoh's Place. RlverBend Dnve. and Cardinal Wav east of MLK (See Exhibit B) PeaceHealth, at PeaceHealth's expense, will Install street trees, and maintain landscaping and Irrigation system City Will maintain the street trees, however, PeaceHealth has the option to replace the trees PeaceHealth Will assume the replacement cost of the trees Installed at PeaceHealth's option 7 Other Street Parklna Stnos (See Exhibit B) MAINTENANCE AND ACCESS AGREEMENT Page -3- Date Received Planner. AL 5/30/2008' PeaceHealth, at PeaceHealth's expense, will Install and maintain landscaping and Irrigation system City will maintain the street trees, however, PeaceHealth has - the option to replace the trees with other trees satisfactory to City PeaceHealth will assume the replacement cost of the trees Installed at PeaceHealth's option 8 Riverside Trail (See Exhibit B) (a) In accordance with the reqUirements of Conditions 25 and 26 of the SubdivIsion Tentative Plan Land Use DeCISion (SUB 2005-00012), PeaceHea/th shall dedicate/reserve a 25-foot Wide public trail easement to Wlllamalane Park and Recreation District Such dedication shall be described on the Final SubdivIsion Plat, or other Instrument approved by the deSignee of the dedication (b) PeaceHealth, at PeaceHealth's expense, Will construct river path with Site Plan Improvements paid for by PeaceHealth, and Will do sweeping of trail PeaceHealth Will be responsible for any correction of heaVing caused by vegetation PeaceHealth Will be responsible for removal of a II litter (c) Except as specified In 8(b), Wlllamalane Park and Recreation District Will be responsible for the cost of surface maintenance and repairs and Will accomplish such maintenance and repairs with assistance from the City The payment of any funds by City to WI llama lane IS subject to the availability of City funding as determined In the total sole unfettered discretion of the City of Springfield Wlllamalane Park and Recreation District Will do slurry seals City Will consider assisting Wlllamalane Park and Recreation District with pavement preservation as time and funding allows (d) PeaceHealth Will construct Illumination system PeaceHealth Will maintain Illumination system, including installation and repair of light standards and bulbs (e) PeaceHealth Will maintain all landscaping, and Will be responsible for hazard tree mitigation (f) PeaceHealth Will maintain all slgnage along trail 9 Meadow Accesswav (See Exhibit B) (a) PeaceHealth, at PeaceHealth's expense, Will construct accessways with site plan Improvements, Will maintain and repair accessway surfaces, Will be responsible for sweeping and all litter removal PeaceHealth Will own, maintain, and power the Illumination system including Installation and repair of light standards and bulbs PeaceHealth Will construct and maintain any slgnage along accessways (b) City Will be responsible for electriCity costs of Illuminating the Meadow Accessway MAINTENANCE AND ACCESS AGREEMENT Page-4- Date Received. Planner AL 5 / ~" /.;;boy; . 10 Cardinal Wav Accesswav. and Maole Way Accesswav (See Exhibit B) (a) -PeaceHealth, at PeaceHealth's expense, will-construct accessways with site plan Improvements, will maintain and repair accessway surfaces, will be responsible for sweeping and all litter removal Wlllamalane will pay electricity bills to power the Illumination system on these accessways PeaceHealth will pay to Install and maintain light standards and bulbs PeaceHealth will construct and maintain any slgnage along accessways 11 Mallard Accesswav (See Exhibit B) (a) Peace Health, at PeaceHealth's expense, will construct accessway as part of SubdivIsion PIP PeaceHealth will be responsible for litter removal PeaceHealth will Install and repair light standards and bulbs PeaceHealth will construct and maintain any slgnage along accessway, as approved In PIP, PeaceHealth or Its successors and assigns will maintain the accessway and lighting along the accessway (b) City will maintain accessway surface where necessary for public safety City will sweep trail City will own, maintain, and pay for power to the Illumination system 12 Stormwater Detention Pond (See Exhibit B) PeaceHealth, at PeaceHealth's expense, will Install landscaping and Irrigation systems at the stormwater detention pond The landscaping shall be Installed as described In the approved Public Improvement Plans PeaceHealth will maintain all landscaping and Irrigation at the stormwater detention pond In a manner consistent with the City's Design and Procedures Manual 13 Peroetual ThiS Agreement IS perpetual and shall run with the land and benefits and burdens the real property described herein and shall bind all parties hereto and their respective heirs, successors, and assigns 14 Amendment ThiS document may not be amended or changed without the written consent of all parties hereto PEACEHEAlTH -y/~ Date! 7 - , By ~. MAINTENANCE AND ACCESS AGREEMENT Page -5Date Received s / So / :koB' Planner AL WILLAMALANE PARK AND RECREATION DISTRICT ..f /Il-i 0 10 Date B;I~,~ \ CITY OF SPRINGFIELD 4-1<:(; -()~ Date By QM'_ ~ t~;t~ f\: .I: t.. c.-', --C1 lL{ It <-{ <- ~ e_ tr' IH'\Jl-'''rr 0 : ; - ,r"ICD H,t. ,l'_ ' U . _;'1t. At:::. 1 .... I -~-~-""-~-~\>; c, '-I/61c::b- - GFi,(, c v, " " MTQRNEY MAINTENANCE AND ACCESS AGREEMENT Page -6- Date Received. sf :5"/:4>0 II' Planner. AL - A PARCEL OF LAND LOCATED IN THE NORTHEAST AND SOUTHEAST QUARTERS OF- SECTION 22, THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 23, THE SOUTHEAST QUARTER OF SECTION 15, AND THE SOUTHWEST QUARTER OF SECTION 14, ALL IN TOWNSHIP 17 SOUTH, RANGE 3 WEST, WlLLAMETTE MERIDIAN, LANE COUNTY, OREGON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE WILLIAM M STEVENS DONATION LAND CLAIM NO 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WlLLAMETTE MERIDIAN, THENCE NORTH 01045'25" EAST 5 00 FEET TO AN ANGLE POINT IN THE CENTER LINE OF DEADMOND FERRY ROAD (COUNTY ROAD NO 90), THENCE ALONG SAID CENTERLINE OF DEADMOND FERRY ROAD (COUNTY ROAD NO 90) NORTH 42038'13" EAST 180 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO DONALD A AND MELBA L McBROOM, RECORDED IN VOLUME 378, PAGE 289, LANE COUNTY OREGON DEED RECORDS, THENCE CONTINUING ALONG SAID CENTERLINE NORTH 42038'13" EAST 79 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS DESCRIBED IN THAT CERTAIN WARRANTY DEED TO ARLIE & COMPANY, AN OREGON CORPORATION, RECORDED OCTOBER 10, 2001 AS FEE NO 2001-066909, LANE COUNTY OREGON DEED RECORDS, THENCE LEAVING SAID CENTER LINE ALONG THE NORTHERLY AND EASTERLY BOUNDARIES OF SAID PARCEL THE FOLLOWING TWO(2) COURSES AND DISTANCES 1) SOUTH 33050'47" EAST 197 6 FEET, THENCE 2) NORTH 42038'13" EAST 593 52 FEET, MORE OR LESS, TO THE MIDDLE OF SPRING SLOUGH, THENCE ALONG THE MIDDLE OF SAID SPRING SLOUGH THE FOLLOWING SIXTEEN(16) COURSES AND DISTANCES 1) SOUTH 55017'48" EAST 4686 FEET, THENCE 2) SOUTH 37032'39" EAST 94 07 FEET, THENCE 3) SOUTH 46004'03" EAST 113 61 FEET, THENCE 4) SOUTH 50012'27" EAST 82 30 FEET, THENCE 5) SOUTH 58012'25" EAST 19 89 FEET, THENCE 6) NORTH 68006'39" EAST 77 47 FEET, THENCE 7) NORTH 74043'23" EAST 9453 FEET, THENCE 8) NORTH 78012'24" EAST 50 73 FEET, THENCE 9) NORTH 86041'53" EAST 5991 FEET, THENCE 10) SOUTH 74014'51" EAST 82 62 FEET, THENCE 11) SOUTH 49036'32" EAST 174 98 FEET, THENCE 12) SOUTH 19056'53" EAST 168 98 FEET, THENCE 13) SOUTH 35050'09" EAST 202 46 FEET TO THE NORTHEAST CORNER OF BALDY VIEW CONDOMINIUMS, RECORDED IN FILE 75, SLIDES 102-105, LANE COUNTY OREGON PLAT RECORDS,THENCE 14) SOUTH 28024'20" EAST 53419 FEET ALONG THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT RECORDED ON REEL 840R, INSTRUMENT NO 77-18900, LANE COUNTY OREGON DEED RECORDS TO THE SOUTHEAST CORNER OF SAID BALDY VIEW CONDOMNIUMS, THENCE 15) SOUTH 42003'32" EAST 50 64 FEET, THENCE 16) SOUTH 29021'12" EAST 377 40 FEET TO THE ORDINARY HIGH WATER LINE OF THE McKENZIE RIVER AS SHOWN ON U S ARMY CORPS OF ENGINEERS MAP MK 1-1-17, DATED MAY 2, 1947, THENCE FOLLOWING SAID ORDINARY HIGH WATER LINE IN A SOUTHWESTERLY DIRECTION 3075 73 FEET TO A POINT ON THE EASTERLY PROJECTION OF THE NORTH LINE OF A TRACT OF LAND CONVEYED TO F G YOUNG BY DEED RECORDED IN EXHIBIT A PAGE 1 OF 3 Date ReceIved. 5 j 50 ( :Wolf Planner. AL I -VOLUME 73, PAGE 508, LANE COUNlCf OREGON DEED RECORDS, BEARING SOUTH 43028'37" WEST FROM THE LAST POINT, THENCE NORTH 88010'40" WEST 129 07 FEET ALONG SAID EASTERLY PROJECTION TO THE NORTHEAST CORNER OF SAID F G YOUNG TRACT, THENCE CONTINUING ALONG SAID NORTH LINE NORTH 88010'40" WEST 967 44 FEET TO A POINT ON THE EASTERLY MARGIN OF THE VACATED SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SAID POINT BEING FURTHER DESCRIBED AS A POINT ON A 985 04 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF ARC BEARS SOUTH 69008'11" WEST, THENCE ALONG SAID EAST MARGIN LINE THE FOLLOWING TWO(2) COURSES AND DISTANCES 1) NORTHWESTERLY 33041 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19013'08", WITH A LONG CHORD OF NORTH 30028'23" WEST 328 87 FEET, THENCE 2) NORTH 40004'57" WEST 22902 FEET TO A POINT ON THE EAST MARGIN OF GAME FARM ROAD (COUNTY ROAD NO 3), THENCE ALONG SAID EAST MARGIN LINE OF GAME FARM ROAD THE FOLLOWING SIX(6) COURSES AND DISTANCES 1) NORTH 01049'36" WEST 12321 FEET, THENCE 2) NORTH 87039'55" WEST 5 01 FEET, THENCE 3) NORTH 01049'36" WEST 41558 FEET, THENCE 4) SOUTH 88018'32" EAST 501 FEET, THENCE 5) NORTH 01049'36" WEST 746 71 FEET, THENCE 6) NORTH 01007'36" WEST 2816 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF SPRINGFIELD IN THE DEED RECORDED ON REEL 843,INSTRUMENT NO 77-22531, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG THE SOUTH, EAST AND NORTH LINES OF SAID CITY OF SPRINGFIELD TRACT THE FOLLOWING THREE(3} COURSES AND DISTANCES 1) SOUTH 88016'40" EAST 427 60 FEET, THENCE 2) NORTH 02006'16" WEST 41160 FEET, THENCE 3) NORTH 88016'40" WEST 425 58 FEET TO A POINT ON SAID EAST MARGIN LINE OF GAME FARM ROAD, THENCE ALONG SAID EAST MARGIN LINE THE FOLLOWING FOUR(4} COURSES AND DISTANCES 1) NORTH 01007'36" WEST 110 62 FEET, THENCE 2) NORTH 02024'36" WEST 320 77 FEET, THENCE 3) SOUTH 87034'37" EAST 5 02 FEET, THENCE 4) NORTH 02024'36" WEST 12268 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAL TH, A WASHINGTON NON-PROFIT CORPORATION, DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED DECEMBER 31, 2001 AS FEE NO 2001-088572, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG THE NORTHERLY LINE OF SAID PEACEHEAL TH TRACT THE FOLLOWING THREE(3} COURSES AND DISTANCES 1) SOUTH 88013'23" EAST 347 59 FEET, THENCE 2) NORTH 01056'33" EAST 6502 FEET, THENCE 3) NORTH 01054'03" EAST 156 20 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAL TH, A WASHINGTON NON-PROFIT EXHIBIT A PAGE 2 OF 3 Date Received >! ~ (200 '(, Planner. AL CORPORATION, DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED DECEMBER 31, 2001 AS FEE NO 2001-088570, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG THE WEST, NORTH AND EAST LINES OF SAID PEACEHEAL TH TRACT THE FOLLOWING THREE(3} COURSES AND DISTANCES 1) NORTH 01"46'43" EAST 277 06 FEET, THENCE 2) SOUTH 88"16'40" EAST 170 27 FEET, THENCE 3) SOUTH 01 "41'36" WEST 277 23 FEET TO POINT ON THE NORTHERLY LINE OF SAID PEACEHEAL TH TRACT DESCRIBED IN SAID STATUTORY WARRANTY DEED RECORDED DECEMBER 31,2001 AS FEE NO 2001-088572, LANE COUNTY OREGON DEED RECORDS, THENCE EASTERLY ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR(4) COURSES AND DISTANCES 1) SOUTH 88"13'23" EAST 137 31 FEET, THENCE 2) SOUTH 24"56'24" EAST 654 70 FEET, THENCE 3} SOUTH 88"16'40" EAST 992 70 FEET TO A POINT ON SAID EAST LINE OF SAID WILLIAM M STEVENS DONATION LAND CLAIM NO 46, THENCE 4) SOUTH 24"52'35" EAST ALONG SAID EAST LINE 110 49 FEET TO A POINT ON THE WESTERLY PROJECTION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAL TH, A WASHINGTON NON-PROFIT CORPORATION, DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED DECEMBER 31, 2001 AS FEE NO 2001-088573, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG SAID PROJECTION AND THE NORTH LINE OF SAID PEACEHEAL TH TRACT NORTH 67"17'31" EAST 41991 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAL TH, A WASHINGTON NON-PROFIT CORPORATION, DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED DECEMBER 31,2001 AS FEE NO 2001-088573, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG THE WESTERLY LINE OF SAID PEACEHEAL TH TRACT THE FOLLOWING EIGHT (8) COURSES AND DISTANCES 1) NORTH 68"03'45" EAST 2035 FEET, THENCE 2} NORTH 25"57'14" WEST 174 70 FEET, THENCE 3} NORTH 33"09'02" EAST 67 76 FEET, THENCE 4) NORTH 22025'42" WEST 101 79 FEET, THENCE 5) NORTH 67"17'51" EAST 190 87 FEET, THENCE 6) NORTH 24 "52'35" WEST 150 24 FEET, THENCE 7) SOUTH 67"18'25" WEST 689 72 FEET TO A POINT ON SAID EAST LINE OF SAID WILLIAM M STEVENS DONATION LAND CLAIM NO 46, THENCE 8) NORTH 24"52'35" WEST ALONG SAID EAST LINE 627 21 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THOSE PORTIONS OF THE HEREIN DESCRIBED TRACT LYING BELOW THE ORDINARY HIGH WATER MARK OF SPRING SLOUGH, WHICH IS UNDER OWNERSHIP OF THE STATE OF OREGON EXCEPTING THEREFROM THOSE PORTIONS OF THE HEREIN DESCRIBED TRACT LYING BELOW THE ORDINARY HIGH WATER MARK OF THE McKENZIE RIVER, WHICH IS UNDER OWNERSHIP OF THE STATE OF OREGON CONTAINING 6,880,896 SQUARE FEET (157 964 ACRES), MORE OR LESS EXHIBIT A PAGE 3 OF 3 Date Received. >/30/:;i.ooj' Planner: AL _\"'''''-~''''.o.<R!I~ NT" """" ""'\O"''VO'.%.,,:~'':;>'.=... 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Z. ,,~ 0> z. ,m o. Z o .? "".... i z ! o~ ~O n i> \2~ i ~ I -m , , i 3: > Z~ 3:-<> >'Zz "'>0 nZ~ :J:n~ _m~ O>m ~C)";;j 0"'''' om> C7'~r= m Z -< >,/30 J20Dt "'ecelved: , Date", Planner AL D 8 ~ o z > ~ ~. o < ,~I :!I 1< ,s , I I I ~~~AY ~ ~ - =-------- -- I' I Conditions of Approval RlverBend SubdivIsion Tentative Plan Major Adjustment SUB 2006-00044 ~ r 7 fondltlon I. In the SubdivIsion Plat, show the location of the MDRlMS zoning district ~OUndary on Lot 8 CondItIon 2: The applicant shall maintain the continuity of the Baldy View Lane COrridor over the existing street alignment. The traffic barrier proposed on Sheet ST I 3 IS not approved The on- site driveway shall be constructed as depicted to create an 1ntersecoon WIth Baldy View Lane Install a stop Sign to control southbound driveway traffic at the Intersection J j j j j j ,- .,... '- CondItion 3: The Applicant shall dedicate public street right of way for future construction of St. Joseph's Place and Baldy View Lane as follows I St. Joseph's Place 76-feet WIde, extending eastward from R1verBend Drive to Baldy View Lane J 2 Baldy View Lane a) 25-feet WIde, extending southeastward along the SUbdiVISion boundary from St Joseph's Place to the north line (extended) of Tax Lot 200 (straight alignment) b) 50-feet WIde, extending southeastward from the north line (extended) of Tax Lot 200 to the south right-of-way line of the planned Loop Road (curved alignment) , , ConditIon 4. The southern portion of Baldy View Lane (located entirely WIthin the applicant's property and Including the public parking spaces required by RlverBend Master Plan Condition 28 shall be constructed as a public street. The public Improvements shall be Included In the Public Improvement Project (PIP) for the SubdiVISion Improvements, and shall Include provIsion for public storm drainage CondItIon 5: Prior to plat approval, the applicant shall obtain City Council approval of a Right of Way Use Agreement permit which authOrizes the construction and use of private Improvements In the St Joseph Place and Baldy View rights of way \ CondItIon 6: Execute and record Improvement Agreements against Lots 8 and 9 for paving, curb/gutter. Sidewalks, storm drainage, street lighting and street trees on St. Joseph's Place and Baldy View Lane The Improvement Agreement shall be submitted to the City Surveyor for review and recorded prior to Plat approval CondItIon 7: In accordance WIth R1verBend Master Plan Condition 355, the applicant's Public Improvement Plans for the RlverBend/St. Joseph Place Intersection shall allow for a range of alternate intersection forms by constructing underground condUit crossings of all approaches that are adequate to accommodate future traffic Signal faCilities CondItIon 8: The Public Improvement Plans for St. Joseph Place along the frontage of Lots 7 and II shall be deSigned to support a pedestrian friendly enVIronment WIthin the Mixed Use CommerCial District, conSistent WIth the purpose of the Nodal Development Overlay District SDC 41 0 I 0 (I )(a) The deSign shall Include a mid-block pedestrian crossing WIth a median refuge In a location that IS compatible With the antiCipated deSign of the future 12-foot lanes The deSign details for the pedestrian refuge and crossing deSign shall be determined during the PIP reVIew and J ... .\.. ~, Date ReceIved ~ /7 i> (200 Ii Planner AL ~ "' Rtver8end SubdMSlon Major Adju;unent' . , SUB200~0044 v \I 7( approval procesGhls cond1oon supercedes the reqUirement for a landscaped median In thiS location reqUired through SubdivIsion T entaove decIsion SUB2005-000 12 Cond1oon 5.-::] Condition 9: On the Final Plat, the applicant shall dedicate nght of way for Loop Road from Baldy View Lane across Lot a to the property line between Lot a and Lot 9 The nght of way dedication shall be 50 feet Wide j j Condition 10: Prior to or concurrent With the Final Plat, the applicant shall record against Lot a an Improvement Agreement for the full Improvement of Loop Road from the terminus of Baldy View Lane to the eastern property line k Condition II: In accordance with SDC Article 32020 (10) (b)(4) and R1verBend Master Plan Condition of Approval 41, the applicant shall execute an Improvement Agreement for Lots I ~ and 2 for full urban Improvements along the east Side of Game Farm Road South abutting the o site The Improvement Agreement shall be submitted to the City Surveyor for review and recorded prior to Plat approval J Condition 12: In accordance With SDC Article 32020 (10) (b)(4), the applicant shall execute an Improvement Agreement for full urban Improvements along the frontage of Deadmond Ferry Road abutting Lot 9 I Condition 13: The pedestrian crossing of R1verBend Drive located near the northern V boundary of Lot a shall be constructed With a deSign where the crossing of the northbound lanes IS offset to the south from the crossing of the southbound lanes DeSign details for this crossing shall be determined during the Public Improvement Plans (PIP) review process j Condition 14: To facilitate construction of flashing beacons and/or other warning deVices, should they be warranted In the future to accommodate a safe pedestrian/bicyclist crossing of R1verBend Drive, the applicant's Public Improvement Plans shall prOVide for the installation of electrical condUits across R1verBend Drive at crosswalk locations DeSign details for these conduit facilities shall be determined dUring the Public Improvement Plans (PIP) review process jcondltlon 15: In the SubdiVISion Plat, the public access easement connecting the public right of way east through the site to the public parking spaces and to the multi-use path shall Include the Sidewalk J Condition 16: Prior to Plat approval, the applicant shall prOVide a maintenance agreement for the area covered by the public access easement The maintenance obligations of the private Improvements shall be clearly Identified as being performed and paid for by the applicant (unless other arrangements have been made) The timing and enforcement of the maintenance agreement shall be Included In the agreement jcondltlon 17: In accordance With the R1verBend Master Plan, the Final Site Plan shall prOVide a Sidewalk connecting St. Joseph PlacelRlverBend Drive With the riverSide multi-use path northeast of the site and shall illustrate an acceptable grade tranSition from the street to the multi-use path jcondltlon 18: The public Improvement plans shall Include a Single sanitary sewer lateral to Lot 12 from the proposed a-Inch line In St Joseph Place or from an eXisting sanitary sewer manhole along the adjacent trunk line Tapping of the trunk sewer will not be permitted ~ /1>0 /;;k. 'i> I } R1verBend SubdMS,on Major Adjustment . _1 SUB2006-00044 Date Received Planner: AL 2 .. i j j / Condition 19: At the St Joseph PlacelR1verBend Drove intersection, gravity sewer lines shall be extended to the north and east to outside the public Improvement paving limIts The gravity lines shall be constructed at a sIze and depth necessary to serve full bUild out of the off-site basins to be served by the lines Condition 20. The storm drainage system wIthin the southern portIon of Baldy View Lane (located entirely within the boundary of the subject application on the applicant's property) shall be constructed to City of Sprongfield Public Works Standards In additIon, a temporary storm line shall be constructed to connect the public storm system In the southern portion of Baldy View Lane With the public storm system In RlverBend Drove Proor to PIP approval, the applicant shall submit the proposed design and construction plans for the temporary provate storm drain connection and a preliminary design showing the proposed Size, depth and location for the permanent public storm drainage system for approval by the CIty Engineer The temporary system shall be designed and constructed such that the future permanent system can be connected to the public systems In St Joseph Place and Baldy V,ew Lane WIth minimal cost or reconstruction of the public Infrastructure (]roor to plat approval, the applicant shall record a temporary public drainage easement for the installatIon of this pipe The temporary drainage easement shall be extinguished at the time an alternate public stormwater system IS constructed with the extension of St Joseph Place and Baldy V,ew Lane] CondItion 21: The droveway proposed at the east end of St. Joseph's Place shall be constructed uSing a curb return desIgn DesIgn details for thiS crossing shall be determined durong the Public Improvement Plans (PIP) revIew process RJver8end SubdIViSion Major Ac1Justment Date Received Planner AL !i'h<>(z"o'6 SUB2006-00044 3 Conditions of Approval RrverBend SubdivIsion Tentative Plan SUB2005-000 12 May 10, 2005 / CondItIon I: The lot area of Lot 8 IS Identified twice on Sheet T I 4 with different acreage calculations In the SubdivIsion Plat, provide the correct lot acreage CondItIon 2' In accordance wIth RlverBend Master Plan ConditIon 35, prior to Final Site Plan / Approval for the hospital, the applicant shall sign a non-remonstrance agreement covering V Improvements to the sections of R1verBend Drive north of Maple Way as described In RlverBend Master Plan Condition 35 The non-remonstrance agreement shall be submItted as part of the Development Agreement / CondItIon 3: To allow for constructIon of the City'S preferred future transportation system Improvements and to accommodate Increased traffic volumes at the intersectIon of R1verBend Drive and Cardinal Way East, no above-ground utIlity structures or below-ground utility vaults shall be located Within a 65-foot radIUS as measured from the intersectIon of the centerlInes of R1verBend Drive and Cardinal Way rights-of-way 'f v CondItIon 4: PrOVide a 12-foot medIan Width to accommodate the future median BRT split statIon platforms at RlverBend Drive and Cardinal Way ThiS condItIon IS the minimum necessary to assure the system's acceSSibility for passengers USing wheelchairS -/ CondItIon 5: The final subdIVIsion plat shall consistently depIct street rights-of-way as follows . RlverBend Drive - 95 feet . Cardinal Way at R1verBend Drive - 107 feet . McKenZIe Way - 76 feet from MLK Jr Parkway to Maple Way ThiS IS the minimum ~ necessary to accommodate a future 12-foot center turn lane through the segment of ~ McKenZie Way between MLK Jr Parkway and Maple Way A Illndssped . ..'-~,~.. wlth-a -Ff'ttft1'II....II. ..:if ORe mu:l e:t.d..: f-.:..:tes:tnaR f:rossmg i1:l'all-~.;. ..............., .........;...; '01 ..:"1.:. R:Jtl:Jre tur::n laRe Hlt~, tJ..: ::"':=::"ISlon Imp. V"'1WIlIIiWII"'~ u"J ~I.al: ~e ~tjiJ-,^,n In rne ;:':uuill: i~t maRS CUI b1:)ldeY\.d~~" :"'~J....._.......~ o...'tensl.....-..J j~-.c::.~ t.... t"'. .......;.,;.j c..~ :.......~1. ..-;...J~ ...~--McKerule Wa:t. Any modification of street designs shall be In accordance With the approved Public Improvement Plans 6oiVl) '8 ~~~ Zooo -t;Pl>~~ \ / CondItIon 6:-0n-future submittals to the City, including the Public Improvement Plans and s..i'~ Final Plat, the 70-foot WIde eastwara extenslon_oLthe loop road Within Lot 8 labeled as a C:l>J1> '\ "reserve strip" shall be shown as right-of-way Th~~way shall occur ~ 2-oob--Duottf With the Final Plat --------------. rondltlon 7 Prior to or concurrent With the Final Plat, the applicant shall record against Lot 8 ./ an Improvement Agreement for the full Improvement of the loop road from the terminUS of the proposed Improvements to the eastern property line ondltlon 8' In accordance WIth SDC ArtIcle 32020 (10) (b)(4) and RlverBend Master Plan , ond1t1on of Approval 41, the applicant shall execute Improvement Agreements for Lots I, 2 r full urban Improvements along the east Side of Game Farm Road South abutting the sIte prior to approval of the final plat eo,,))) 11 5'-18 'JD<>b --ClOD'fIt R/verBend SubdIVISIon t -.)..., 5UB2005-000 12 Date Received S- /3" 1= '1' Planner AL I I .'1 J / CondItIon 9: In accordance with SDC Article 32020 (10) (b)(4), the apphcant shall execute an Improvement Agreement for full urban Improvements along the frontage of Deadmond Ferry Road abutting Lot 9 - ~ CondItIon 10 Prior tcJOI'--~on urrent with the Final Plat, the apphcant shall record an Improvement Agreement, including a pro oA-for.J:!'placement of requIred parking spaces, for the Improvement of the eastern side of Maple Way al<>rigThe-unlmproved frontage of Maple Way of Lot 8, north of the intersection of Maple Way and the loop ro~ J CondItIon II : To Implement Master Plan ConditIon #28, the Pubhc Improvement Plans shall provIde at least 3 addItIonal on-street (or bay) pubhc parking spaces along Maple Way, Baldy V,ew Lane and/or the loop road east of Baldy View Lane to proVide a minimum of SIX total vehIcle parking spaces to accommodate citizens who wIsh to access the McKenzie River via the riverside multi-use path CondItIon 12: Pursuant to R1verBend Master Plan CondItIon of Approval #4S, the R1verBend/Cardlnal intersection shall be constructed with underground conduit croSSings of all approaches that are adequate to accommodate future traffic Signal fac1htles PrOVIsion for conduit crossings shall be Included In the Pubhc Improvement Plans CondItIon 13: Pursuant to R1verBend Master Plan CondItIon of Approval #81, construct the accessway from Mallard Ave to MLK Jr Parkway wIth the Initial subdIvIsion Improvements to the standards of SDC 32 040( 1)( d)2 Top of curb elevatIons shall be clearly shown on the J Pubhc Improvement Plans, and shall be at an elevation equal to or greater than the 500-year flood elevatIon To assure a safe and effiCient Interface With the slgnahzed MLKlRlverbend Drive intersectIon, whIch IS to be constructed by the City, as part of the RlverBend pubhc Improvement plan revIew process, the final deSIgn for thIs multI-use access way shall be as " ., approved by the Springfield CIty Engineer The required hghtlng for the accessway shall be - , .. ilAI:shown In the hghtlng plan I t.-\u ", 'J'JJj -, , CondItIOn 14: PrOVIde a street tree/street hghtlng easement along the east SIde of Martin Luther King Jr Parkway through the RlverBend site The easement shall be a minimum of 8 feet Wide and shall be located I 5 feet east of the curb The street tree easement may overlap the 25' pubhc traIl easement as shown In the CIty's cross-sectIon as updated 4/26/04 (see Condition 59, Exhibit A) The easement as deSCribed In this condItion shall be shown In the final plat _, ',;. i. S;ondltlon 15: The apphcant shall prOVide landscaping, Including street trees, for the entirety J of the apphcant's property frontage along the eastern Side of MLK Jr Parkway Street trees shall , 'be placed Within the street tree easement All street tree species and street tree spacing shall ,'. " ".-be pre-approved by the CIty ... j: j CondItIon J 6: In the Pubhc Improvement Plans, the street tree species shall be as prevIously approved by the CIty Northern red oak In the R1verBend Drive planter stripS and Armstrong red maple In the median, 'Urbanite' green ash In the planter stripS and 'Greensplre' linden In the median on Cardinal Way East, 'Jung1nger' American ash In indiVidual tree pits on McKenZie Way, 'Armstrong' red maple In the planter Strip on Maple Way, 'Redmond' American hnden, Zelkova 'Village Green' and 'Green Vase' street trees along the east SIde of MLK Jr Parkway frontage _ Any changes to the proposed street trees species and tree spacing (for the east Side of MLK Jr Parkway) shall be reViewed by the CIty dUring Pubhc Improvement Plan review , . '. ,. '-\.....,:: ,.....\ J I RJverBend SubdIVISIon 5UB2005-000 12 Date H.eCe,ved.4-~./~. s Planner AL. 2 -, Condition 17: Street tree spacing along R1verBend Drove, Martin Luther King Jr Parkway and / Cardinal Way shall not exceed 45 feet. Tree planting shall be continuous for the entire length V of the streets Trees shall be placed not closer than 35 feet from the perpendicular curb line of intersections of streets, nor Within 5 feet of alleys, provate droveways or fire hydrants j Condition 18. Street trees along McKenzie Way and Maple Way, shall be spaced at a minimum of 30-foot Intervals In accordance WIth SDC 32 050 (2) Tree planting shall be continuous for the entire length of the streets Trees shall be placed not closer than 35 feet from the perpendicular curb line of intersections of streets, nor Within 5 feet of alleys, provate droveways or fire hydrants J Condition 19: In the Final Plat, the proposed individual tree pIts on McKenzie Way shall allow at least 64 square feet per tree, With a minimum width of 4 5 feet [SDC 40 100 (4)(a)] Space between the tree and paving may be covered by an approved non-permanent hard surface Including, but not limited to grates, brocks on sand, paver blocks or cobblestones /' J Condition 20. In the Public Improvement Plans, all street trees shall be In conformance With the standards of SDC 32050 (5) Space between the tree and paving may be covered by an approved non-permanent hard surface including, but not limited to grates, brocks on sand, paver blocks or cobblestones Condition 21: Pro or to Final Plat approval, the applicant and the City shall enter Into an agreement providing for the long-term access and maintenance of the proposed public landscaping areas, public access ways and paths, and open public storm drainage systems Condition 22: In the Public Improvement Plans, the applicant shall prOVide final Irrigation system deSign draWings for all Irrigation placed Within the public rlghts of way and to maintain / the landscaping and street trees on the east Side of MLK Jr Parkway, for the entirety of the V subdiVISion area In addition to the information shown In sheets LS2 0-LS2 24, plans shall Include pOint of connection to potable water system, backflow deVices, Springfield Utility Board (SUB) water meters, sleeves under roadways to connect medians and planter strops, timers and locations Condition 23' In the Public Improvement Plans, Include/amend the follOWing street tree planting speCifications In additIon to or other than those indicated In the subdivIsion landscape I plans . All street trees shall be 2" caliper or greater [Englneerong DeSign Standards and Procedures Manual, 6 02 3] . In the Wider planter strops on RlverBend DrIve and Cardinal Way, place the trees In the back half of the planter strop closest to the Sidewalk [Engineering DeSign Standards and Procedures Manual, 6 02 5 5] . A 3 Inch layer of mulch shall be placed around the tree and kept 6" away from the trunk [Englneerong DeSign Standards and Procedures Manual, 6 02 5 7] I ConditIon 24. In the Public Improvement Plans, prOVIde a lighting plan for the Game Farm Road and Martin Luther King Jr Parkway off-street multi-use paths which demonstrates that lighting levels are conSistent With the Illumination standard of I E S Recommended Practice RP8 LIghting plans shall conSider the effects of adjacent tree canopies on lighting levels In cases where the applicant proposes to utIlIze adjacent street lighting to prOVide path lighting, such as , . 5/31> (ZoV% 5' Date Received Planner: AL I' :-J,J}. River8e-;'d S~bd/V/sl;n SUB1005-000 /1 -......\ h ...~ .' , ., 1, I on the east side of Martin Luther King Jr Parkway, submit documentation from the lighting engineer which venfies that tree canopies between the street and the path will not reduce lighting levels below the reqUired standard Light standards shall be Installed outsIde of the 2 foot clear zone on each Side of the path The City Will be responsible for maintaining the path lighting on Game Farm Road and Martin Luther King Jr Parkway Condition 25. In the Final Plat, a 25-foot Wide public trail easement for the nver path shall be shown extending north along the McKenZie River frontage for the entIrety of subdiVIsion Lot 8, to the common property line With Lot 9 The path shall be constructed With the SIte Plan Improvements In conformance With SDC 32 090 and the approved Master Plan The path shall be 12 feet WIde WIth a 2-foot clear area on each Side of the path free of above-ground obstructions The route alignment shall be staked In the field and approved by the project arbonst and an authonzed representative of the City of Spnngfield pnor to surveYing for the easement The route through the npanan area shall be Sited In conformance With Master Plan Condition of Approval #53 and SubdiVIsion Condition 63 A 2S-foot Wide public easement shall be dedicated/reserved through the SUbdiVISion Plat process or through another Instrument approved by the designee of the dedication (CIty of Spnngfield or W111amalane) and shall be recorded pnor to or concurrently With the plat Submit easement dedication documents for review by the City Surveyor pnor to filing '. , , Condition 26: In the Final Plat, a 25-foot Wide public trail easement for the nver path shall be shown extending along the McKenZie River frontage for the entirety of subdiVIsion Lot 9 The route shall be In conformance With Master Plan Condition of Approval #53 The route J alignment shall be shall be Sited In conformance With Master Plan Condition of Approval #53 and SubdiVIsion Condition 63 and staked In the field and approved by the project arbonst and an authonzed representative of the City of Springfield pnor to surveYing for the easement A 25- foot Wide public easement shall be dedIcated/reserved through the SubdiVISion Plat process or 1) n b through another Instrument approved by the designee of the dedication (City of Spnngfield or t> 0 W1l1amalane) and shall be recorded pnor to or concurrently With the plat Submit easement c.pJ cP/ ~ I dedication documents for review by the City Surveyor pnor to filing 6 7f! '11 SUI: Condition 27 A public tra,' easement WIth a minImum Width of 2S feet IS reqUIred to accommodate the MLK Jr Parkway multi-use path through subdiVIsion Lots 4. S, 6, 7, 8 and II and shall be shown In the SubdiVISion Plat Plans for the MLK Jr Parkway multi-use path construction shall be submitted With the Public Improvement Plans, and constructed With the subdiVIsIon Improvements In conformance With SDC 32090 and the approved Master Plan The j path easement shall run Immediately east of the 8-foot street lighting/street trees easement. The path shall be 12 feet Wide With a 2-foot clear area on each Side of the path free of above-ground obstructions A 25-foot WIde public easement shall be dedicated/reserved through the SubdiVIsion Plat process or through another Instrument approved by the City of Springfield and shall be recorded pnor to or concurrently With the plat Submit easement dedication documents for review by the City Surveyor pnor to filing ! Condition 28: A public trail easement With a minimum Width of 25 feet IS reqUired for the Game Farm Road multi-use path through subdiVIsion lots I, 2 and 3 The easement shall run east of the nght of way such that It IS setback from the future nght of way location on Game Farm Rd Plans for the path construction shall be submitted With the Public Improvement Plans and constructed With the subdiVISion Improvements In conformance With SDC 32090 and the approved Master Plan The path shall be 12 feet Wide With a 2-foot clear area on each Side of the path free of above-ground obstructions A 25-foot Wide public easement shall be RlVerBend SubdMSlon , . 1-\ I l~ I Date Received Planner: AL 5/ &> (;!DOS I 4 SUB2005-000 /2 J J j ded1cated/reser'led through the SUbdivIsion Plat process or through another Instrument approved by the CIty of Springfield and shall be recorded proor to or concurrent with the plat Submit easement dedication documents for review by the City SUr'leyor proor to filing CondItIon 29: Dedicate a 25-foot wide public trail easement along the frontage of the J property located at 17-03-22-00-903 (west of the SUB station) through separate Instrument proor to or concurrent with subdiVISiOn plat approval The construction specifications for this portion of the multi-use path shall be Included In the subdivIsion Public Improvement Plans CondItIon 30: In the Public Improvement Plans, tree species selection and placement within the Game Farm multi-use path buffer shall be designed such that the mature tree sizes shall meet vegetation clearance standards for the overhead electrocal transmission and dlstrobutlon Imes as follows . Transmission lines - 22' minimum clearance . D1strobut10n lines - 15' minimum clearance / CondItIon 31: In order to minimiZe sanitary sewer ser'llce lateral connections to the Trunk Sewer line, the Public Improvement Plans shall demonstrate that the sanitary sewer system designs have been modified to . Relocate the northern lateral ser'llng Lot 5 to the Cardinal Way sewer main . Eliminate the eastern lateral ser'lIng Lot 7, and use the proposed lateral approximately 200 feet south as a common lateral ser'lIng Lots 7 and 8 Record the necessary easement(s) for each lot to gain access to the lateral on the Final Plat CondItIon 32. Proor to recording the final plat, the applicant shall provide the City WIth a memorandum which states the maximum peak flow rate allowed to each sanitary lateral ser'llng / Lot 8 At the time of development for Lot 8, If the flow rate Increases to any of the laterals V over the values stated, an evaluation of the downstream system capacity and/or rerouting of on- site flows to alternate laterals may be required CondItIon 33' Within 60 calendar days of CIty Council acceptance of the public sanitary sewer Improvements constructed by the applicant to ser'le the subdivIsion, the applicant shall obtain the necessary permits from the CIty and shall complete the work necessary to connect each of the eXisting structures labelled "To Remain" WIthin the subdivIsion, that has plumbing fixtures within the structure, to the public sanitary sewer The location of each structure and Its connection to the public sanitary sewer shall be shown on the Public Improvement Plans for the subdiVISiOn As an alternative, the applicant may remove all structures from the property that have plumbing fixtures, or may provide a certification to the City'S BUilding Official and CIty Engineer that these structures are no longer used for human habitation and will not be used for human habitation until such time as they are connected to the public sanitary sewer CondItIon 34: Proor to or concurrent with the Final Plat, the applicant shall record an Improvement Agreement for Lot 8 to participate In the construction of the public sanitary sewer line extension In the loop road from the terminUS of the proposed Improvements to the eastern property line In the event thiS sanitary sewer line extension IS necessary for compliance with COnditiOn 33, then this public sanitary sewer main shall be constructed with the Public Improvement Plans RIver8end SubdMSlon J..~ I -' Date Received..~';'E_/-p,Og s Planner AL /,.. ,.. SU8200S-aOO/2 II j j j ConditIon 35: The apphcant shall Install a sanitary sewer lateral serving Lot 10 from the maInhne In Deadmond Ferry Road, and the eXisting on-site sewerage disposal system shall be decommissioned pnor to Final Plat approval CondItIon 36: The eXisting on-Site sewerage disposal systems for the eXisting structures labelled "To Remain" shall be decommissioned WIthin 60 calendar days of City Council acceptance of the pubhc sanitary sewer Improvements constructed by the apphcant to serve the subdivIsion ( CondItIon 37: The final design of the sanitary system shall be In accordance With requirements outhned In EDSP Section 2 02 I I Any vanat10ns from these standards shall be approved on a case-by-case basIs at the sole discretion of the City Engineer CondItIon 38: The apphcant shall record With the subdivIsion plat a sanitary sewer easement on Lot 9 that prOVIdes off-Site properties, Tax Lots 1802 and 90000, access to the future sanitary sewer hft station on Deadmond Ferry Road, or the sewer basin mapping shall be revised to show these off-Site properties being served by an alternate system ~ondltlon 39: The apphcant shall Install With the subdivIsion Improvements a pubhc 8-Inch sanitary sewer hne extending from MLK Jr Parkway at RlverBend Dnve to Game Farm Road Within the proposed pubhc accessway j CondItIon 40. Pursuant to RlverBend Master Plan Conditions of Approval 74 and 78, the apphcant shall prOVide final details and calculations for the selected stormwater detention methods or by-pass system, to mitigate a 25-year storm peak discharge rate greater than 45 cis from the Western BaSin and It'S tnbutary areas ThiS condition shall be satisfied pnor to the approval of the Pubhc Improvement Plans In the event comphance With thiS condition results In modifications to the Tentative Plan. reVISions to the Plan shall be In accordance to the Master Plan Conditions of Approval, Spnngfield Development Code, and the EDSP as determined by the City Engineer / CondItIon 41: Pnor to approval of the Pubhc Improvement Plans for the subdivIsIon, the City and the apphcant shall select the preferred stormwater system ahgnment for connecting the western basin and It'S tnbutary areas With the Deadmond Ferry Road stormwater system In the event comphance With thiS condition results In modifications to the Tentative Plan, reVISions to the Plan shall be In accordance to the Master Plan Conditions of Approval, Springfield Development Code, and the EDSP as determined by the City Engineer j CondItIon 42: The City reserves the nght to require the apphcant to revise the approved Stormwater Drainage Report to reflect the as-bUilt conditions If the constructed system vanes from the approved desIgn CondItIon 43 On the Final SubdivIsion Plat, the proposed 50-feet WIde pubhc drainage easement located on the north and east Sides of Lot 9 shall terminate at the upstream end of the eXisting natural swale (approximately 1,300 feet south of the north property hne) The extension of thiS pubhc easement beyond the natural swale Will be reviewed at the time of a future development apphcatlon for Lot 9 The Final Plat shall Include temporary pnvate drainage easements on Lot 9 for the benefit of Lot 8 and off-Site properties located east of Baldy View Lane and west of Lot 9 to prOVide drainage access to thiS 50-feet Wide pubhc drainage easement -, < Date Hece,ved.4~2/='" Planner: AL 6 '. RwerBend SubdMs/on SUB100S-OOO/l i J II j CondItIon 44 Private drainage easement(s) across Lot 9 for the benefit of off-site properties shall be a minimum of 14.feet wide and shall be In a logical location to provide service to the property as determined by the CIty Engineer The easement(s) may be Written as a temporary easement(s) subject to relocation with the approval of future development plans for Lot 9 At the time of future development for Lot 9 or the off-Site propertIes, whichever occurs first, the stormwater Infrastructure shall be constructed In the easement CondItIon 45: The City Engineer Will determine on a case-by-case basIs If any proposed additional City maintained curb Inlets that are not reqUired by the CIty of Springfield's EDSP are warranted CondItion 46: Prior to approval of the Public Improvement Plans, the applicant shall proVide a proposal, acceptable to the CIty Engineer, for handling drainage from the public SOO-year flood emergency accessway between Game Farm Road and MLK Jr Parkway , , J ConditIon 47. Prior to Final Plat approval the applicant shall prOVide Lots 10 and II With access to an approved stormwater system On the Final Plat, a private drainage easement shall ~ be recorded across Lot II to prOVIde Lot 10 With access to the public system, or alternate drainage provIsions to serve Lot 10 acceptable to the CIty Engineer shall be prOVided J CondItIon 48: Any fill sectIons reqUIred to constructed the future open channel on Lot 9 will require certificatIon by an engineer demonstrating encroachments Will not result In any Increase In flood levels per FEMA's "no rise" certificatIon gUIdelines CondItIon 49: The construction plans for the public pathway Within the f100dway of the j McKenZie River shall clearly indicate a finished grade of the pathway will be at, or below, existing ground elevations, or the applicant shall submit certification by an engineer demonstrating the encroachment Will not result In any Increase In flood levels per FEMA's "no rise" certificatIon gUIdelines j CondItIon 50: I OO-year flood elevation data shall be prOVided and shown on the Final SubdIVISion Plat, including the boundaries of the I OO-year flood plain and f100dway 'CondItIon 51: The project construction engineering team shall Include a geotechnical JJ engineering firm which Will be reqUired to have a representative on-site to observe trenching, excavation, cut and fill operations during the development of the project as may be reqUired by the Public Works Director or the CIty's BUIlding OffiCial CondItIon 52: Prior to the submittal of Public Improvement Plans, the applicant and the utility I prOVIders shall coordinate the final utility deSIgns and shall submit an Overall UtIlity Plan which demonstrates that all utilitIes shall be prOVided In a manner which IS not In conflIct With any requirements or conditions of thiS land use deCISIon, the RlverBend Master Plan, or the other land use deCISions for the subject property Utilities shall be Installed prior to Final Plat Approval f CondItIon 53. The applicant shall coordinate With the utility prOVIders to ensure that all ground-mounted utility eqUIpment shall be placed to reduce visual Impact All backflow deVices, utility vaults and transformers, natural gas pressure regulators and relief valves and other eqUIpment shall be screened With landscaping from rights of way and adjacent propertIes and located outside of vIsion clearance areas, multI-use path clear zones, and stormwater , , RlverBend SubdIVls'on~ Date Received Planner: AL 7 lJ- 1';.[,f,51 ~ '/3" ( 2ooS' I I ,". I'" .. h "... 5UB1005-00011 { management areas Landscape plans shall be amended as necessary and additional planting Installed as necessary to provide screening ThIs conditIon shall be met prior to for Final Plat approval CondItIon 54: A slope easement on adjacent propertIes IS preferred over the retaining wall desIgn concept for the Maple Way street Improvement If obtaining a slope easement IS not viable then the retaining wall shall have a minimum I OO-year design life and shall be constructed of a low maintenance material acceptable to the City Engineer CondItIon 55: Slope easements shall be recorded on the Final Plat or by separate document where fill sections are necessary for the stability and long-term maintenance of the elevated roadway extend beyond the public rights-of-way The easement may be extingUished upon future development applications that provide measures to ensure long-term roadway stabIlity as determined by the City Engineer J CondItIon 56: The proposed 14-foot wide sanitary sewer easement Oriented In the north- south directIon on the southern portion of Lot 3 shall be removed from the SubdiVISion Plat or recorded as a private easement J CondItIon 57: The proposed 14-foot wide public drainage easement Oriented In the north- south directIon at the southeast corner of Lot I shall be removed from the SubdiVISIon Plat or recorded as a private easement J J CondItIon 58: In the SubdIVISIon Plat, the location of the PUE and 25' public trail easement along the east sIde of Martin Luther King Jr Parkway through the applicant's property shall be as shown In the alternatIve deSign approved by the CIty, Identified as Exhibit A "Northern Segment of Parkway (TypIcal Cross SectIon)", Updated 4/26/04. The diagram IS reproduced below (not to scale) Exhibit A: UPDATED 4/26/04 NORTHERN SEG/'1ENT OF PARKWA Y (TYPICAL X-SECTION) t,4U< ~ PARKWAY RECOMt.lENDED TYPICAL CROSS-SECllON (NORTHERN SEGMENT (PEACEHEAL TH SITE) r-;J, ~~ , 88 ~~_"'"(N~ ~_ '\\\ 1111 I I I I ''''~ 5 , ' I "~ I 5... B :21 \? I".:"': 25 TRAlL EASEMENT \ I 1. PUE I"': '0 I?~ " " " l?~ " 915 ROW RtverBend SubdIVISIon " 'c Date Recelved...$I.J!_/:?oO'i Planner' AL I : \ SU8100S-00011 , . 7 ~ondltlon 59: Water, power, gas, and telecommunications lines shall be located within PUE's and In accordance with company specifications jcondltlon 60: In the Final Plat, Pubhc Ut1hty Easements shall be located as follows OR submit additional documentation from the ut1hty provIders which explains where additional or alternate PUEs or PUE widths are required I PUE Requlrect~ocatJon W,dth I east side of R1verBend Adjacent to ROW 10' Drive from MLK Jr Parkway to Maple Way 2 west sIde of R1verBend drive MLK Jr Parkway to Maple Way I 3 north side Cardinal Way I 4 south side Cardinal Way Is south side Maple Way east of R1verBend Drive to CUP 16 north side McKenzie Way 17 south side McKenzie Way 1 8 East side MLK Jr Parkway I 9 West side MLK Jr Parkway I Adjacent to ROW I 10' Final design of the Pubhc Improvements may require additional PUE widths or locations that are not apparent as part of the Tentative Plan review SaId PUE's, If any, shall be dedicated to the pubhc prior to or concurrent With the CIty's acceptance of the R1verBend SubdiVISion Pubhc Improvements or the CIty'S approval of the Final Plat, whichever comes first j Adjacent to ROW Adjacent to ROW Adjacent to ROW Adjacent to ROW No PUE IS proposed Zero bUilding setback No PUE IS proposed Zero bUilding setback 1 As shown In Exhibit A above l' IT IT 110' I All franchised ut1htles to be laid under sidewalk I All franchised utlht1es to be laId under sidewalk 114' Condition 61: Approval of access pOints IS hm1ted to the locations a, b, c, f, h, I, J, k, I, m, and n as indicated In the following table Approval of additional access pOints shall be determined In conjunctIon With future site development proposals Street ~ RlverBend Dnve I I I I I I . Rwer8end SubdMSlon Proposed Access Locotlon I a. Main hospital entrance Opposite the meadow lb. OCVI and Emergency Department entrance opposite Cardinal Way Ie. Central entrance/exit dnveway to the large (employee) parking lot on east Side I d. On west Side serving Lot 6, approxImately 300 feet north of Cardinal Way (future phase) e On the east Side serving Lot 4 near the south property hne (future phase) f. On east Side serving the south end of the planned employee parking lot on Lot 8 I g. To/from a dnveway serving of Lot 5 on the west Side of the street, approximately 200 feet south of Approved Implemented In Master or Approved Plan In thIS SubdIVIsIon V V V V V V V '/3./.,,,"Er , I SUB2005-000 12 Date Received Planner AL 9 I I Cardmal Vtf~'f, 1 ~ -C-4L,' I I I M.ol.. W.v I I I I I Cardinal Way (future phase) ~, , h. North sIde of Cardinal Way (full access), serving Lot 2, approximately 200 feet west of MLK I South Side of Cardinal Way (full access), serving Lot 3, approxImately 200 feet west of MLK v v ~~ J On Maple Way 80 feet south of McKenZie Way k. On the south Side of Maple W.y 100 feet west of R1verBend Drive I On the south Side of Maple Way 200 feet east of RlverBend Dnve m On the south Side of Maple Way 500 feet east of RlverBend Drive In. On the west Side of M.ple Way at the southern termmus of the street v V V V V . /Condltlon 62: In accordance with R1verBend Master Plan CondItion of Approval #2, The y npanan area boundary must be shown In the Final Plat and on all future plans submitted to the City The vanable WIdth setback shall be labeled "McKenzie River R1panan Area" J CondItIon 63: In accordance with R1verBend Master Plan Condition of Approval #2, the entire McKenZie River Rlpanan Area boundary shall be demarcated on site with a permanent monumentat10n system or otheIW1se dehneated with permanent site deSign features, In a manner approved by the City of Spnngfield, pnor to Final Plat CondItIon 64: Pursuant to Master Plan Condition of Approval #53, the routing of the path and/or path easement through the npar1an area across subdivISIon Lot 8 and 9 shall be estabhshed after a detailed site analysIs of topography, location of trees and other npanan vegetation and other eXisting conditions In order to preserve and protect the npanan area natural functions to the maximum extent while balanCing the need for recreation and resource protection, and In order to preserve future nverbank restoration options, the Final Plat shall show the location of the easement for the nver multi use path across subdivISion Lots 8 and 9 which IS generally located along the outer edge of the reqUired r1panan area away from the watercourse, or upland of the npanan area, WIth the path drainage falhng away from the watercourse [SDC 31 240 (2)(g)], except where existing tree groves require an alternate siting to aVOid Impacts Any segment meandering east of the westernmost portion of the npanan area to aVOId confhcts WIth the eXisting Douglas fir and maple groves shall be setback a minimum of 25 feet from top of bank Additional minor pedestnan & wheelchair acceSSible paths constructed with pervious matenals such as compacted gravel and/or bark may be Installed to provide additional recreational access to the nver's edge and/or nver overlook platformsUhe path/easement ahgnment shall be staked In the field and approved by the project arbonst and an authorIZed representative of the City of Spnngfield pnor to Final Plat subm1ttallA 25-foot Wide path easement shall be dedicated In the subdiVIsion Final Plat or shall be reconI;;Jd through separate Instrument pnor to Final Plat approval / CondItion 65: The npanan area restoratIon/enhancement landscaping on the entirety of Lot 8 shall be Installed with the Site Plan Improvements, pnor to Issuance of Final Occupancy for the hospital xi RNer8end SubdIVISIon "/ o SUB100S-a00/l Date Y4.eceiVed....!.f.!!;'t;ooJ" Planner AL J 10 v Condition 66. To comply with RlverBend Master Plan Condition #5, the required riparian area restoration/enhancement landscaping on subdivIsion Lots 4 and 9 shall be completed or bonded or Insured through other financial security approved by the Development Services Director prior to final plat approval ConditIon 67: The riparian planting plans shall be modified to prOVide additional tree canopy j on or adJacent to the bank throughout the entire COrridor, except where eXisting large canopy trees already eXist A mixture of high canopy deCiduous species and evergreens may be utilized to preserve Sight lines to the river Trees shall be spaced a maxImum of 10' apart Tree planting shall be a minimum of two trees deep throughout the riparian area bank or top of bank to create a continUOUS fringe of riparian vegetation along the river's edge ThiS condition may not be satisfied by increasing the quantity of Scouler Willow (5a/lx scou/erlana) live stakes Reaulred RlDarlan Tree Plantlni I. ~,- 10' max I Trees I '_ _~~~' r - __________________ _ -_.- <.... x-:s: -::::-7""'" - --=::.- - ..- -. "------"" ~ C~(/'- _-.~..:...~ __----:-'.. ..__ _~~ '---.....-/ --'.~' r ,_ _~~ \OHW j Condition 68. Any modification to the riparian planting plans required by other conditions of approval shall retain a minimum of 49 COniferous evergreen trees With a mature height equal to or greater than the building height Trees shall be placed to prOVide a Visual and nOise buffer between the riparian COrridor and the developed areas of the site In conformance With Master Plan Condition of Approval #25 f Condition 69: Ten percent of the total number of trees In the final riparian restoration planting plan for the subdiVISion portions of the riparian area shall be cottonwood (Populus trlchocorpa ssp balsamIfera Cottonwoods may be clustered In the northern, Wider end of the riparian area to augment the eXisting cottonwood grove j Condition 70: All areas seeded With native grasses shall be mOnitored and maintained by the applicant to prevent invasion by non-native grasses and forbs, to prevent the need for routine mowing Within the riparian area Any seeded areas which fall and revert to tall InvaSive grasses shall be In Violation of the Code and shall be replanted With a drought resistant dwarf turf mix whIch IS capable of outcompetIng invaSive weed species and which does not reqUire routine mowing, Irrigation' 'or ipPi1cat10n of fertilizers and herbiCides ~"\ ~: I R1verBend SubdIVISIon SUB2005-000 12 Date Received Planner AL slID /?po Pi I - / /I J j Condition 71: Provide notes In Riparian Planting Detail Sheets LS5 5 and LS56 which specify a minimum of 2" certified compost amendment for all planting Condition 72: All construction, grading, trenching, removal of invasive vegetation and planting In the riparian area and Within or adjacent to the eXisting trees groves shall be done In a manner which aVOids/reduces SOil compactIon to the maxImum extent practicable Upon completion of on-site staking of the river multi-use path and pedestrian paths Within the riparian area, and prior to commencement of work, PeaceHealth's construction manager shall arrange a site meeting to Include the project arborIst, all contractors performing work Within the riparian area and tree groves, and a representative from the City of Springfield Planning DIVISIon to diSCUSS the work to be performed and the methods to be used to aVOid SOil compaction J Condition 73: Any additional tree felling necessary to construct the subdiVISion public Improvements shall reqUIre another Tree Felling permIt from the CIty Condition 74: In order to ensure that the construction and planting of thiS stormwater management faCility Will fulfill the Intent of GRP and SDC poliCies and RlverBend Master Plan Condition #26, the final selection of the off-Site drainage alternative shall Include mitigation measures which replace the loss of GRP Natural Asset #4/NW Dralnageway as follows . The mitIgation shall prOVide an eqUivalent replacement hydrologiC functIon/capacity . The mitigation shall prOVide an eqUivalent replacement of tree canopy and vegetation type . The mitigation shall restore native vegetation The applicant shall submIt a mitigation plan for approval by the City prior to Final Plat submittal The approved mitigatIon shall be Installed or bonded prior to Final Plat approval I Condition 75: Prior to Final Plat submittal, the applicant shall submit documentation of reqUIred permits, If applicable, In conformance With SDC 35060 (9) In the case that a federal or state agency Issues a permIt that substantially alters the approved Tentative Plan, the applicant shall resubmIt the Tentative Plan for additIonal review j CondItion 76' If construction of the drainage system to serve the subdiVISion requires alteration of eXisting wetlands, the applicant may be reqUired to submit an approved Army CorpslDSL permit for the proposed wetland fill for review With the Public Improvement Plans and prior to approval of the subdiVISIon Final Plat j s/!O /2IDK Date Received' ~ / Planner AL I I r',. RlVerBend SubdMSlon 5UB1005-000 11 11 ( l 1 \ ~.' IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of PUblic Improvement, Includes WaIver of Right to Remonstrate) 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 Applicant(s), do covenant and agree with respect to the real property desCribed below as follows Applicant(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 Applicant(s) desires Development Approval from the City With respect to the follOWing Development Application SUB 2006-00044 3 The development Will cause both an Immediate and long-term demand on the various public faCilities of City and Lane County Including the specrfic 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 d1stnct 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) 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 rf 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 dlrecl10n of the City 6 (a) STREET IMPROVEMENTS along the frontage of Game Farm Road South to Include ~ surface paving, ~ storm sewers, 0 santlary sewers, ~ curbs, ~ gutters, ~ planter stnps, ~ street trees, ~ street lights, ~ Sidewalks (b) TRAFFIC SIGNALS at the intersection of N/A (c) OTHER IMPROVEMENTS N/A -" DiVISIon of Chi.f Deput.y Clel"'k Lane Col.Inty Deeds and Records Date Hecelved Planner. AL ~/;JDr2DO';; I 1111111111111111111111111111111" 1111111/11111111 00869713200600907440070075 12/20/200609 O9,12~" RPR-NTPO~IEN Cnl=2 Sln=15 CRSHIER 07 $5 00 $35 00 $10 00 $11 00 2006.o~m~ $61.00 AFTER RECORDING RETURN TO CITY OF SPRINGFIE~D - PUB~IC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 C\Doi:anerrl$.-.dSeWn;s~~ . .lnIemlIlFillll\OLK35\1~nlAgr-..ntbrG8meFarmRoadl!QC Paoe'a14 REVlSEDJ~2005 Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropnate City codes and ordinances Applicant acknowledges that It understands that the Improvements made will be those required to bnng the street to full urban standards for the then current functional classlficabon 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 SEE EXHIBIT "An ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE The legal descnpt10n In Exh1brt "N, attached hereto and Incorporated herein by reference, compnses the entirety of the property owned by the Applicant fronting Game Farm Road South subject to this Improvement Agreement Tax Map & Lot No 17-03-22, Lots 700, 800, 903 Property Address 3333 Game Farm Road South 8 City agrees that Applicant's execubon 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 condrt10ns of approval set forth therein g This agreement IS enforceable by the State of Oregon, Lane County or CiIy 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 nght 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 construcbon of the public Improvements that the development necessitates ThiS Improvement agreement waives the property owner's right to file a wntten remonstration It does not waive a property owner's nght to comment on the proposed d1stnct or any related matters orally or In wrrtIng 11 It IS the intention of the parties hereto that the covenants herein contained shall run With the land herein descnbed, 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 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 Execulion 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 pnor to ItS execution, and understands that execulion of the Agreement may result In Significant finanCial obligations Imposed upon the Owner of the Real Property Any prospecllve Purchaser of the property burdened by thiS Improvement Agreement should also thoroughly review C"\DowmtntsrdSeWltQ$lJnflW'oLocalS8lllnus\T~rylnllrnel.FiIe$\OlK3S"\I~~for~F'rmRoad(!oc: Pullll2of4 REVlSEDJ8f1Ul1ry 2005 <\ '" ~ "" ~ '" ' -g <!:....I ~<( OJ l.: ;J::Q) Q)I: _I: I1lI1l cO: 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 Planner AL '-/3<> /z.,0<6 "' C\Doalments.ndseuIng$\phrfal\LDCalSeltngs\Tl!l'I1:IQI1IrylnlemelF1Ies',QLK35\~_I~IllrGarreF~Roadcloc: Poge3"'4 REVlSEOJanuary 2005 WHEREFORE, the parties have hereu to set their hand th1S_ !~yIv' ,,,. ~/ (~:,~ ~~ - \2,.,."~,' . ~ ,>/ (TITLE) - (SEAL) (TITLE) STATE OF ORECjON } COUNTY OF t!>IlJJ\I-- SS BE IT REMEMBERED that on this /8 J> day of ----.ftr,um au- . ,200Lbefore me, the undersigned, a notary public ![1 a,Ad for said county and ::itate, personally appeared the Within named fl1..( K _ V~ 1\1___ whose 1denllty was proved to me on the bas1~ of sallsfactory eVidence and who by me duly swornlld1d say that Is/are the ( 11ltf EVf 1A.-hIl'L DffIU/ of ....... ~ ~ \ChI'\ and does acknowledge said Instrument to the frea:jct 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 Corporallon by authonty of rts Board of Directors IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal the day and year last above wntten JtiJ.4 ~~ An.k~ Notary Pu~r;gon- _OFFICIAL SEAl DOIlNA LEE JORDAN RlES NOTARY PUBlIC OREGON CIJwNISSION NO 389568 MY COMMISSION EXPfRES MAA 9 2009, CITY OF SPRINGFIELD By L_w~ Dennis P Ernst - City Surveyor STATE OF OREGON } Coutm' OF t.ANP SS BE IT REMEMBERED that on thiS /9 ~ay of ~Cfi"'l.!gl( , 200Lbefore me, the undersigned, a notary p~ 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 wrthIn 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 - - - --~- ;;k _ "'h'~' , ': ry Public for Oregon " ~)"4 -~I ~ OFFICiAl SEAL ~ ~ JON DRISCOLL ~J NOTARY PUBLIC - oREGON 'i.(\." COMM1SStQN NO 401645 r..olJlM1SSlON EXPI J N I "'~ OFFICIAL SEAL 'ioo ~ JON DRISCOLL ~ NOTARY PUBUC. OREGON '..... COMMISSION NO ~1845 ~ J ~O~M':'~O~ E~X~I~_.lANU"r22 ~~ ClOoamllnllrd~ ,.' ,..'" IlI:lIISettlnga\TIJRlIXlllIIYII'lI1lmeIFjlel\O~~lorGameFmnRoCdDe "-ge~ 01.. REVlSEO./anl.lary2lXlS '" Il ~ <l "- rn ........ '" ' " (I) ~~ () (1)1... ~(I) l!)1:: .....1:: ca.!!l 00. EXHIBIT A Legal Description Game Farm Road Soutb Improvement Agreement PeaceHealtb Property City of Springfield, Lane County, Oregon December 15, 2006 A tract ofland located m the northeast quarter ofSectJon 22, Townslup 11 South, Range 3 West, Wlllamette Menman, Lane County, Oregon and bemg more partIcularly descnbed as follows Beginning at the southwest corner ofParce12 as shown on Land Partitlon Plat No 2002-PI627, recorded December 10, 2002 as Document No 2002-095796, Lane County Deed Records, sald pomt marked by a 5/8 mch Iron rod With yellow plastlc cap stamped "SKINNER & ASSOC INC," thence comcldent WIth the southerly, easterly, northerly and westerly lmes of saId Parcel 2 the followmg five (5) courses and mstances 1) South 88016'40" East 42160 feet, thence 2) North 02006'16" West 411 60 feet, thence 3) North 88016'40 West 22651 feet; thence 4) South 02006'16" East 371 51 feet, thence 5) North 88016'41" West 20041 feet to a pomt on the east margm of Game Fann Road South (County Road No 3), thence along Said east margm !me of Game Fann Road South the followmg seven (1) courses 3l!d mstances ' 1) North 01001'36" West 31114 feet, thence 2) North 88016'40" West 5 01 feet, thence 3) North 01001'36" West 11062 feet; thence 4) North 02024'36" West 19237 feet to the begmnmg of a 35 00 foot radIus non-tangent curve concave southeasterly, from winch pomt the center of arc bears South 18040'51" East, thence 5) Northeasterly along the arc of Sald curve 23 48 feet, through a central angle of38026'24", With a long chord of North 30032'21" East 23 04 feet to the begmmng of a 40 00 foot ramus reverse curve, concave westerly; thence 6) Northerly along the arc of sald curve 8106 feet, through a central angle of 124042'41", WIth a long chord of North 12035'48" West 10 81 feet, thence 1) North 02"24'36" West 5 01 feet, thence leavmg sald margm Ime North 50032'40" East 25 18 feet to a pomt on a 12700 foot radms non-tangent curve concave southwesterly, from winch pomt the center of arc bears South 20019'00" West, thence southeasterly along the arc of sald curve 681 26 feet, through a central angle of 54009'49", WIth a long chord of South 42036'06" East 661 95 feet to the begmnmg of a 60000 foot radms compound curve concave southwesterly, thence southeasterly along the arc of Said curve 239.69 feet, through a central angle of 22053'21 ", WIth a long chord of South 04004'31" East 238 10 feet, thence South 01022'10" West 34814 feet, thence South 46016'21" West 5512 feet to the begmnmg of,a ?46 12 foot radms non-tangent curve concave northeasterly, from winch pomt the ~ ~ I, \' J., ' .' J -,.., ~\-l "," Date Recelved- 5 Is. ;200'(; Planner: AL center of arc bears North 11049'22" East, thence northwesterly along the arc of sllld curve 11046 feet, through a central angle of 25"39'06", WIth a long chord of North 65020'04" West 10954 feet, thence North 56025'50" West 8459 feet to the begmnmg of a 34094 foot radJ.us nOll-tangent curve concave southwesterly, from winch pomt the center of arc bears South 33046'16" West, thence northwesterly along the arc ofsmd curve 15839 feet, through a central angle of 26037'02", WIth a long chord of North 69032'15" West 15697 feet, thence North 82046'54" West 37 37 feet, thence North 53007'05" West 18 59 feet to a pomt on the east margm of Game Fann Road South (County Road No 3), thence along SllId east margm Ime of Game Farm Road South the followmg two (2) courses and wstances 1) North 01049'36" West 9325 feet, thence 2) North 01007'36" West 28.16 feet to sllld Point of Beginning. Con1ammg 6_604 acres, more or less The basIS ofbeanngs for tIns descnpnon IS the beanng between the found monuments markmg the northeast and northwest comers of the WillIam M Stevens Donanon Land C13lIll No 46, bemg North 88016' 40" West, Oregon State Plane Coordmate System (South Zone)_ End of descnpnon. REGISTERED .... PROFESSIONAl LAND SURVEYOR ~.frt ({J~,\ J.4l.lREGON \.J 15,2002 DANNY M DENNING . #56640 ~ I EXPIRES 1']../3// Di I Peaa!Heallh&Jbd"""" S\p'OO11lOO1301140_\legaIsIGFR MaIIltAgmt Legal Oes-rdee Oec:omber 10 21106 Page2of2 '" ?,130 {:;u>ot Dale Kecelved. r Planner. AL l{ , CURVE CI C2 C3 C4 C5 C6 EXHIBIT B CURVE TABLE LENGTH RAmUS DELTA 23 48' 35 00' 38"26'24" 8706' 4000' 124"42'41" 687 26' 727 00' 54"09'49" 23969 600 00' 22"53'21" 11046 246 72' 25"39'06" 1S8 39' 340 94' 26"37'02" =="" I i LINE I L1 11.2 11.3 IIA ILS 1L6 I L7 I~ " ~ Ll==L2 sn I u" It=-! ~ _ 878"40 5j "1;; (RJ ~r'l;; ... '" '" '" . ~ ~ 6604ACRES~ ~ . NOP0736"W rJ i /LI11062' l!I/ .~" ... E ;... '" on ~OO ~ ~ ~ ~b _ \0 \O~ o~ 1-,... o ;z: ~ \0 ~ '" ~ t- '" ? ;: r.:I ".l(5",;> .... t") PARCEL 1 ~ " o ~ ;z: to o 1-, o '" N8S"16'41"W 200 41'S88'16'4O"E :15.' "- 42760' '" - POINT OF BEGINNlNG ,...;:: sw CORNER PARCEL 2 i:I '" " ... S33"46'16"W (R) S '" '" 51\ ~ ~ PARCEL 2 1 1.6 (;;0 ~ .... PLAT TO ACCOMPANY LEGAL DESCRIPTION 11If"'n__ ~ tit.... PIIIh A..... - .... ___ _ 071104 CHD BRG N30"32'2l"E NI2'3S'4S"W 842"36'06"E S04"04'3I"& N6S"20'04"W N69"32'15"W I CHORD I 2304' 7087' 1 661 95 23810' 109 54' 15691' LINE TABLE I BEARING DISTANCE 1 N88"16'40"W 5 01 I N02'24'36''W 5 07 I N50"32'4O"E 2S IS I 846"16'21"W 5512 I N56"25'50''W 84 S9 N82'46'54"W 3737 1 N53"01'05"W IS 59 NOI"49'36"W 9325 1 NOI"07'36"W 28 16 I e J Date Received Planner AL 5 130 l.:1co S' I LEGAL DESCRIPTION GAME FARM ROAD SOUTII IMPROVEMENT AGREEMENT BETWEEN PEACEHEALTH AND Cl1Y OF SPRlNGFIELD Cl'!"i OF SPRINGFIELD, LANE COUNTY, OREGON 30 1140GFroofA DWG lDAT&. 12/15/2006 1SCAlE: 1~-2OO' ICONTOUR IN1ERVAL. KIA PROJECT NO 30U40 80 I SliKET' 1 OF 1 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In lieu of ImmedIate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) jN CONSIDERATION 9f the covenants herein recited, the City of spnnQfie.ld hereinafter referred to as CIty and P;;AI'.tlff.~rlt.k WA-5J1I,Ji!7p,v Jt?,4I-f~il:_/I!1'~!~~,.j hereinafter referred to as Appllcant(s) do' covenant and agree with respect to the real property described below as follows 1 Apphcant(s) warrants and represents to the CIty of Sprmgfield that .1 IS the owner of the property 110re particularly descnbed and set forth In Paragraph 7 below and as owner, has the authority to enter Inlo !hls Improvement Agreement with the City of Springfield 2 Apphcant(s) desires Development Approval from the CIty with respect to the following Development ApplIcatIon 3 The development writ cause both an Immediate and long-term demand on the vanous public facIlities of City and Lane County Includrng the specific pubhc Improvements necessitated by the development as set forth rn paragraph 6 4 This Improvement Agreement rs an alternative to Imposing a condition on Apphcant's development approval that the Applrcant make rmmedrate constructron of any pubhc Improvement that the jevelopment necessitates The objective IS to promote efficiency. coordrnatlon and spread costs by providing an opportunity for a dlstnct wide Improvement mechanism where construction occurs In a .:;oordmated project with Ihe partIcipation of adjacent and other properties In the area Instead of reqUlnng .mmedlate 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 nghtlo reqUire ::onstructlon of the Improvements In the future at City discretion 5 (a) Applicant and City agree that Applicant Wtll pay the cost of the following pubhc facIlity improvements described In Paragraph 6 In accordance with respective cost assumptton pO/ICY established by City at the time the City determines to undertake and complete such pubhc Improvements (b) Applicant and cIty acknowledge and agree that the cost of such Improvements and the Jortlon thereof to be paid by Apphcant are presently unknown and may be greater that the costs that would be apportroned If the improvements were constructed Immediately or by Applicant now or later (c) Applicant acknowledges that the Ilmmg of the construction of such Improvements IS wlthm ihe sole and exclUSIve direction of the CIty 6 (a) SJREET IMPROVEMENTS along the frontage of ~ /Z,'lf ~4~ 10 nelude (vfsurface paving (,....,.storm ~ewers, ( ) samtary sewers, (..-rGurbs {...,...-gutters. H planter strrps. (....,..- street trees, ~ slreet Ilghls. (..-rSldewalks (b) TRAFFIC SIGNALS at the Interseclion of (c) OTHER IMPROVEMENTS ..:\ppllcant acknowledges that the /ISt of marked rmprovements reflect those that would currently be "equlred under the appropriate City codes and ordmances Applicant acknowledges that It understands that the Improvements made will be those requIred to brrng the street to full urban standards for the then current functIonal classification of the street as those standards eXist at the Irme the Improvements are .1'lade and may therefore, drffer from the I1st of Improvements checked herem ~ DivisIon of ChIef Deputy Clerk Lane County Deeds and Re~ords ~OO6.o~m 1111111111111111111111111111111111111111111111111 $51,00 007747372006000447700500570112012006 01.55'34 pn RPR-AGRE Cnl=2 Sln=15 CASHIER 06 55 00 525 00 510 00 511 00 7 LEGAL OESCRIPTION (SEE EXHIBIT "A") Af"rtr/l.. KcCOlt.OIN/O RErth'tH' Tb C'TY' ~f ~Pftwt.f"/&"L.O- Pu'l.lC,. l.JottJCs {:kpr Z.Z!' FI(-"rH '5r -St'~IA1&FHil..D1 oll. q7477 Dat$ Received. Planner AL , S/3D I ;;!,oo% ~KA ..133'3> ~ A,~ Property Address Tax lot No !({)() / , IZiJo ;fJJoJJo<.J ~ "'(7-0; -2-'-- 3 City agrees that Applicant's execution and performance of Ihe terms of the Agreement will be jeemed to be In compliance with City s policy pertaining to Improvement requirements, and If Applicant ~omplles In every respect wIth all other apphcable laws of the State of Oregon, Lane County and City ~ppllcant shalf be entitled to Development Approval subject to the terms and condItions of approval Set ~orth therein :J ThIS agreement IS enforceable by the State of Oregon Lana County or City 10 APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER )OCUMENT$ NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ~CT 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 the Apphcant to bear inequitably or unfair :Jpon 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 nght to file e wntten remonstration It does not waIVe a property owner's nght to comment on the proposed dlstnct or any related ma~ers orally or In wnhng 11 Ills the Intention of the parties hereto that the covenants herein contaIned shall run WIth the land herem descnbed, and shall be tmdlng upon the heirs executors assigns admlnlstrafors and successors of the parties hereto and shall be construed to be a benefit and a burden upon the property herein descnbed This Agreement 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 descnbed In Section 6 ThiS may result In an assessment hen on the Rear Property deSCribed In SectIon 7 and slgmficant costs to the Owner and Purchasers, and their heirs successors and aSSigns An Applicant s signature on thiS Agreement mdlcates that the Applicant has thoroughly read thiS Agreement, understands It, has had the opportunity to consult legal counsel prior to ItS execulton and understands that execullon of the Agreement may result In slgmficant financIal obligatrons 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 deSCribed In Section 7 iy umb y , 2005' WHEREFORE~' ava sat lhe" 8Y~?' A~phcanl,#M,J'f"t cu-~ A /iJtI/IIII~,J ##iJ-iWltr ~ANUf7'N STATE OF OREGON ) 19~ )"";1 d-. , COUNTY OF LANE ) ~ On thiS ~ day of A[w.m Ow- ,20 0.) before me appeared ~ hQ ~ J' _ ,...~ "., , who being sworn did say that they are the PreSident and Secretary :'espectlVely of the co oralion, and that the seal affiXed hereto IS Its seal and that thIS deed was voluntarily sIgned and sealed In behalf of the corporation by authority of Its Board of DIrectors Before me By Applicant / -~~ Notary Public for Oregon Q My CommiSSion ExpIres /J}~ f J :ZOO I IBy _ OfFICIM.SEAL llOIINA LEE JORDA/t_ NOTARY PUBlIC OREGtW C~N0389588 itV"'~':'~A"rt'q'EXPlRE:rt"R 11_ RETURN TO CITY OF SPRlNGFtELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 ,- , ., v ~yor STATE OF OREGON ) ).. COUNTY OF LANE ) On this L8Ttt day of :r:A,lVUA.ft.V 200," there personally appeared before me benms P Ernst the City Surveyor for the ClIy of Spnngfield and signed the above document I I ! _ 0FFIClAL S..... GUY R DENT NarAFfYPUBuC<l COMMISSION NO ;~ MY COMMISSION Elll'lRES NOV 14, 2009 Notary Pubhc for Oregon My CommIssion Expires Alav. \.../ I l..t:JtjJ ~RO~ EXHIBIT "An RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT 225 FIFTIl STREET SPRINGFIELD, OREGON 97477 . ~.It EXHIBIT A A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, CITY OF SPRINGFIELD, LANE COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT NORTHWEST CORNER OF THE FIRST ADDITION TO BUENA VISTA SUBDIVISION, FILED IN BOOK 20, PAGE 25, LANE COUNTY PLAT RECORDS, SAID POINT BEING FURTHER DESCRIBED AS A POINT ON THE NORTHEASTERLY LINE OF THE VACATED SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SAID POINT BEING FURTHER DESCRIBED AS A POINT ON 985 04 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, FROM WHICH POINT THE CENTER OF ARC BEARS SOUTH 57'10'10' WEST, THENCE COINCIDENT WITH SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE 20572 FEET, THROUGH A CENTRAL ANGLE OF 11057'58", WITH A LONG CHORD OF NORTH 26050'48' WEST 20535 FEET TO THE INITIAL POINT OF THE LANDS HEREIN DESCRIBED, SAID INITIAL POINT MARKED BY A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP MARKED 'KPFF INC', THENCE CONTINUING NORTHWESTERLY COINCIDENT WITH SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO(2) COURSES AND DISTANCES 1) NORTHWESTERLY 12469 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07'15'10', WITH A LONG CHORD OF NORTH 3602722' WEST 12461 FEET, THENCE 2) NORTH 40004'57' WEST 229 02 FEET TO A POINT ON THE EAST MARGIN OF GAME FARM ROAD (COUNTY ROAD NO 3),THENCE ALONG SAID EAST MARGIN LINE OF GAME FARM ROAD THE FOLLOWING FIVE (5) COURSES AND DISTANCES 1) NORTH 01049'36' WEST 123 21 FEET, THENCE 2) NORTH 87'39'55" WEST 5 01 FEET, THENCE 3) NORTH 01'49'36' WEST 41558 FEET, THENCE 4) SOUTH 88018'32' EAST 5 01 FEET, THENCE 5) NORTH 01049'36' WEST 566 86 FEET, THENCE LEAVING SAID MARGIN LINE COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF CARDINAL WAY AS DEDICATED IN DOCUMENT NO 2005-002303, LANE COUNTY DEED RECORDS THE FOLLOWING SEVEN (7) COURSES AND DISTANCES 1) NORTH 58009'34' EAST 19 61 FEET, THENCE 2) SOUTH 81052'08" EAST 2178 FEET TO THE BEGINNING OF A 274 21 FOOT RADIUS NON- TANGENT CURVE, FROM WHICH POINT THE CENTER OF ARC BEARS SOUTH 14050'29' WEST, THENCE 3) SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 12539 FEET, THROUGH A CENTRAL ANGLE OF 26011'57', WITH A LONG CHORD OF SOUTH 62003'32" EAST 12430 FEET, THENCE 4) SOUTH 48031'30" EAST 84 08 FEET TO THE BEGINNING OF A 339 00 FOOT RADIUS NON- TANGENT CURVE CONCAVE NORTHEASTERLY, THENCE 5) SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 14800 FEET, THROUGH A CENTRAL ANGLE OF 25000'48', WITH A LONG CHORD OF SOUTH 65007'26" EAST 14682 FEET, THENCE 6) SOUTH 77037'50" EAST 3 41 FEET, THENCE . . 7) SOUTH 38004'42' EAST 6814 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF MLK PARKWAY AS DEDICATED IN DOCUMENT NO 2003-053912, LANE COUNTY DEED RECORDS, THENCE COINCIDENT WITH SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES 1) SOUTH 06012'25' WEST 495 94 FEET, THENCE 2) SOUTH 07"22'10' WEST 3789 FEET, THENCE 3) SOUTH 08040'15' WEST 154 09 FEET, THENCE 4) SOUTH 07"22'10' WEST 28183 FEET TO THE BEGINNING OF A 1144 50 FOOT RADIUS CURVE CONCAVE EASTERLY, THENCE 5) SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 20891 FEET, THROUGH A CENTRAL ANGLE OF 10027'30', WITH A LONG CHORD OF SOUTH 02008'25' WEST 208 62 FEET TO A POINT ON SAID NORTHEASTERLY LINE OF THE VACATED SOUTHERN PACIFIC RAILROAD RIGHT- OF-WAY, SAID POINT BEING FURTHER DESCRIBED AS A POINT OF CUSP OF A 89959 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, FROM WHICH POINT THE CENTER OF ARC BEARS SOUTH 57"56'33' WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 1328 FEET, THROUGH A CENTRAL ANGLE OF 00046'20', WITH A LONG CHORD OF NORTH 32026'37' WEST 13 28 FEET TO THE INITIAL POINT CONTAINING 366,942 SQUARE FEET (8 42 ACRES), MORE OR LESS '~1 n ver reen Land Title Con1pany " PRELIMINARY TITLE REPORT /' '\ TO: KPFF CONSULTING ENGINEERS EMAIL racheI gnffith@kpffclVllpdx com ATTN RACHELGRl.t'.t'lltl RE PEACEHEALTH , / Order reports and hsnng kIts online at (wv.wevergreenlandtIde com) .May 29, 2008 ELT-55549 Date Received ~ /:'0 /;)oul\ Planner: AL (I Main Office 165 I Centenmal Blvd Sprmgfield, OR 97477 Phone # (54J) 741-1981 Fax # (541) 741-0619 Branch Office. 875 Count!) Club Road Eugene, OR 9740 I Phone # (541) 687-9794 Fax # (541) 687-0924 1651 CENTENNIAL BLVD . SPRINGFiElD, OR 97477 POBOX 931 . SPRINGFiElD, OR 97477 PHONE 541 7411981 FAX 541 7410619 A. ~ ~ ~~ ~x~rgr~~~ TITLE INSURANCE SERVICES' ESCROW CLOSINGS 875 COUNTRY CLUB RD . EUGENE, OR 97401 POBOX 10211 . EUGENE, OR 97440 PHONE 541 6879794 FAX 541 6870924 ,May 29, 2008 Our Order No ELT-55549 2nd SUPPLEMENTAL TITLE REPORT PeaceHealth 123 InternatIOnal Way Spnngfie1d, Oregon 97477 Ann PhilIp Famngton Esltmated Premmm for P ARTlAL BILLING $200 00 TOTAL $200 00 Dear PhilIp We are prepared to Issue on request and on recordmg of the appropnate documents, a pohcy or polIcIes as applIed for, WIth coverages as mdlcated, based on this prehmmary report LEGAL DESCRIPTION: SEE ATTACHED EXHffiIT A ShOWing fee Simple tItle as of May 22, 2008, at 8 00 am, vested m PEACEHEALTH, a Washington non-profit corporatlon Subject only to th~ exceptIOns shown herem and to the terms, condlltons and exceptIOns contamed m the polIcy form No lIabIlIty IS assumed untIl a full premIum has been paid , . _, I Date ReceIved Planner: AL ~I!'o (Jovf' I I C ONTINU ED "IN OUR BUSINESS, YOU MATTER MOST" W'WW evergreenlandhtle corn ELT - 55549 Page 2 SCHEDULE B GENERAL EXCEPTIONS 1 Taxes or assessments wruch are not shown as eXlstmg lIens by the records of any taxmg authOrIty that leVIes taxes or assessments on real property or by the pubhc records, proceedmgs by a publIc agency wruch may result In taxes or assessments, or nol1ces of such proceedmgs, whether or not shown by the records of such agency or by the publIc records 2 Facts, rIghts, mterests or claIms wruch are not shown by the publIc records but wruch could be ascertamed by an mspectlOn of the land or by makmg mqUlry of persons m possessIOn thereof 3 Easements, or claims of easement, not shown by the public records, reserval10ns or exceptIOns In patents or m Acts authorIzmg the Issuance thereof, water rIghts, claIms or tItle to water 4 Any encroachment (of eXlstmg Improvements located on the subject land onto adJolmng land or of eXlstmg Improvements located on adJOlrung land onto the subject land), encumbrance, VIOlatIOn, varIatIOn, or adverse CIrcumstance affectmg the tItle that would be dIsclosed by an accurate and complete land survey of the subJect land 5 Any lIen, or nght to a lien, for servIces, labor, matenal, eqUlpment rental or workers compensatIOn heretofore or hereafter furmshed, Imposed by law and not shown by the publIc records CURRENT EXCEPTIONS 6 The real property taxes for the fiscal year 2007-2008 are exempted by vIrtue of charItable organIzatIOn The company assumes no lIabIlity should the exempt status be lIfted and taAes leVied . Map No 17-03-22-00-00902, Code 04-78, Account No 1-193141 (Current ExemptIOn $8,351,34100) . Map No 17-03-22-00-01000, Code 04-78, Account No 0187938 (Current ExemptIOn $20,757,31000) , . Map No 17-03-22-00-01201, Code 04-78, Account No 1167020 (Current ExemptIOn $44,826,113 DO) · Map No 17-03-22-00-01203, Code 04-78, Account No 1467958 (Current ExemptIOn $145,24915) · Map No 17-03-22-00-01400, Code 04-78, Account No 0187961 (Current ExemptIOn $88,735 00) 7 RIghts of the publ1c In any portIOn of Said premIses Iymg WIthin the lImIts of streets, roads and rughways . .....,.- . .~ r' ~ . 1<1 1M CONTINUED Date Received' Planner: AL dSi) /;100 F( ELT - 55549 Page 3 8 Any adverse claJrn based upon the assertIOn that the locatIOn of the McKenzIe RIver has moved and that any portIOn of the subject property has been created by artIfiCial means or has accreted to such portIOns so created, or based on the proVISIOns of ORS 274 905 through 274 940 9 RIghts of the pubhc and of governmental bollies m and to that portIOn of that portIon of the premIses herem descnbed Iymg below the lugh water mark of the McKenzIe RIver and the ownerslup of the State of Oregon m and to that portIOn lymg below the hIgh water mark thereof 10 Easement, granted to the Umted States of Amenca, mcludmg the terms and proVISIOns thereof, by mstrument Recorded August 6, 1947, Book 353, Page 220, Lane County Oregon Records 11 Easement, granted to the Umted States of AmerIca, mcludmg the terms and prOVISIOns thereof, by Instrument Recorded August 6,1947, Book 353, Page 224, Lane County Oregon Records 12 Easement, granted to the Umted States of Amenca, mcludmg the terms and prOVISIOns thereof, by mstrument Recorded August 6,1947, Book 353, Page 232, Lane County Oregon Records 13 Easement, granted to Mountam States Power Company, mcludmg the terms and prOVlSlons thereof, by mstrument Recorded October 28,1947, Book 359, Page 450, Lane County Oregon Records 14 Easement, granted to the Umted States of Amenca, mcludmg the terms and proVISIOns thereof, by mstrument Recorded August 9, 1950, ReceptJon No 25660, Lane County Oregon Records 15 Easement, granted to the CIty of Spnngfield, mcludmg the terms and prOVISIOns thereof, by mstrument Recorded October 11, 1988, ReceptIOn No 88-42601, Lane County Oregon Records (Affects Tax Lot 1200) 16 DeclaratJon of Easement, granted to Sycan B Corp, an Oregon corporatIOn, mcludmg the terms and proVISIOns thereof, by mstrument Recorded March 3, 1994, ReceptIOn No 94-15944, Lane County Oregon Records (Affects Tax Lot 800) 17 Improvement Agreement - Waiver of RIght to Remonstrate (m LIeu of Immediate ConstructIOn ofPubhc Improvement), mcludmg the terms and proVISIOns thereof, by mstrument Recorded August 9, 1996, ReceptIOn No 96-54265, Lane County Oregon Records CONTINUED Date Received 5) 30 .I ;!ooS( Planner: AL "' '.. ELT - 55549 Page 4 18 AnnexatIOn Agreement, mcludmg the terms and proVISIOns thereof, between the CIty of Sprmgfield, and Arhe & Company, an Oregon corporatIOn, by mstrument Recorded June 8, 2001, ReceptIOn No 2001-034714, Lane County Oregon Records ASSIgnment of AnnexatIOn Agreement, mcludmg the terms and provISIons thereof, from Arhe & Company, an Oregon corporatIOn, to PeaceHealth, a Washmgton non-profit corporatIOn, by mstrument Recorded December 31, 2001, ReceptIOn No 2001-088566, Lane County Oregon Records Said AnnexatIOn Agreement was amended by mstrument Recorded October 8, 2003, ReceptIon No 2003-098507, Lane County Oregon Records 19 AnnexatIOn Agreement, mcludmg the terms and proVISIOns thereof, between PeaceHealth, a Washmgton corporatIOn, and the CIty ofSpnngfield, by mstrument Recorded june 5, 2002, ReceptIOn No 2002-043161, and amended by mstrument Recorded October 8, 2003, ReceptIOn No 2003-098507, Lane County Oregon Records 20 Improvement Agreement, mcludmg the terms and proVISIons thereof, between the CIty of Sprmgfield, and PeaceHealth, by mstrument Recorded June 30, 2005, ReceptIOn No 2005- 048788, Lane County Oregon Records 21 Easement Agreement, mcludmg the terms and proVISIons thereof, between PeaceHealth, Inc, and John E Jacqua and Rosamond R jacqua, by mstrument Recorded August 19,2005, ReceptIOn No 2005-064895, Lane County Oregon Records 22 Gas PIpelme Easement, granted to Northwest Natural Gas Company, mcludmg the terms and prOVlSlons thereof, by mstrument Recorded January 23, 2006, ReceptIOn No 2006-004903, Lane County Oregon Records 23 DeclaratIOn of Access and Maintenance Agreement, mcludmg the terms and provlSlons thereof, between PeaceHealth a Washmgton non-profit corporatIOn, WIllamalane Park and RecreatIOn DIstrIct an Oregon speCIal dIstrIct, and the CIty of Spnngfie1d, a munICIpal corporatIOn of the State of Oregon, by mstrument Recorded May 10, 2006, ReceptIOn No 2006-032093 Lane County Oregon Records 24 Unrecorded Lease, mcludmg the terms and proVISIOns thereof, between Peacehealth, a Washmgton nonprofit corporatIOn, Lessor, and NSC PropertIes, LLC, an Oregon hmlted habllIty company, Lessee, as dIsclosed by Memorandum of Lease Recorded August 7, 2007, ReceptIOn No 2007-055315, Lane County Oregon Records (Affects Tax Lot 902) 25 Lme of Credit Deed of Trust, mcludmg the terms and provlSlons thereof, eAecuted by NSC PropertIes, LLC, an Oregon lrmIted habIlIty company, as to a leasehold mterest, as Grantor(s), to FIrst AmerIcan TItle Insurance Company, as Trustee, for the' benefit of Umpqua Bank, as BenefiCiary, Dated August 1,2007, Recorded August 7, 2007, Recepl10n No 2007-055316, OffiCIal Records of Lane County, Oregon, gIven to secure payment of a Note for $30,000,000 00 (Affects Tax Lot 902) ,Y' CONTINUED Date Received:~&oJY Planner AL -:1d'" (" ELT - 55549 Page 5 26 AssIgnment of Rents, as addltlOnal secunty for the payment of the mdebtedness secured by the Deed of Trust as Insured herem, which assIgnment was executed by NSC PropertIes, LLC, an Oregon hmlted hablhty company, as to a leasehold mterest, to Umpqua Bank by mstrument Recorded August 7, 2007, ReceptlOn No 2007-055317, Lane County Oregon Records (Affects Tax Lot 902) ~ 27 ASSIgnment of Lease for Secunty Purposes, as addItIOnal secunty for the payment of the mdebtedness secured by the Deed of Trust as Insured herem, whIch assignment was executed by NSC Properties, LLC, an Oregon hmlted hablhty company, to Umpqua Bank, an Oregon state-chartered bank, by mstrument Recorded August 7, 2007, ReceptlOn No 2007-055318, Lane County Oregon Records (Affects Tax Lot 902) 28 U C C Fmancmg Statement, mcludmg the terms and prOVISIOns thereof, between NSC PropertIes, LLC, Debtor, and Umpqua Bank, Secured Party, by mstrument Recorded August 7 2007, ReceptIOn No 2007-055319, Lane County Oregon Records (Affects Tax Lot 902) 29 Claim of LIen, In favor of Advanced Technology Group, lnc, In the amount of $231,08837, plus mterest, by mstrument Recorded March 6, 2008, RecepTIon No 2008- 012620, and amended to show partIal satIsfactIOn m the amount of $50,00000 by mstrument Recorded Apnl 8, 2008, ReceptIon No 2008-019632, Lane County Oregon Records (Affects Tax Lots 1001, 1201, 1203 and 1400) 30 Covenants, CondItIOns, and RestrIctIOns, but omIttmg restrIctlOns, If any, based on race, color, rehglOn or natIOnal OrIgin, Imposed by Instrument, Includmg the terms and provISIons thereof, Recorded Apnl 8, 2008, ReceptIOn No 2008-019743, Lane County Oregon Records NOTE Taxes, Map No 17-03-15-40-02200, Code 04-78, Account No 0150514,2007-2008, $2,85343, paId m full Taxes, Map No 17-03-14-00-01200, Code 04-78, Account No 0149938,2007-2008, $1,78903, paid m full Taxes, Map No 17-03-14-00-01600, Code 04-78, Account No 0149987,2007-2008, $2,113 82, paId m full Taxes, Map No 17-03-14-00-01800, Code 04-78, Account No 0150019,2007-2008, $1,838 13, pmd m full Taxes, Map No 17-03-23-22-00200, Code 04-78, Account No 0193753,2007-2008, $2 878 26, pmd m full Taxes, Map No 17-03-23-22-00300, Code 04-78, Account No 0193779,2007-2008, $5,11523, paid m full Taxes, Map No 17-03-23-22-00400, Code 04-78, Account No 1173879,2007-2008, $3,40764, paid In full Taxes, Map No 17-03-23-22-00500, Code 04-78 Account No 0193787,2007-2008, $1,801 56, paid m full contmued ... r lf~1 Ir\<"J ~ r", CONTINUED Date ReceiVed S-/30 / ~()D K Planner: AL ~ - , . , ELT - 55549 Page 6 NOTE contInued Taxes, Map No 17-03-23-22-00600, Code 04-78, Account No 0193761,2007-2008, $2,256 08, paid In full Taxes, Map No 17-03-23-22-00700, Code 04-78, Account No 0193803,2007-2008, $3,791 22, paId m full Taxes, Map No 17-03-22-00-00300, Code 04-78, Account No 0187821,2007-2008, $35,72543, paid In full Taxes, Map No 17-03-22-00-00700, Code 04-78, Account No 0187862,2007-2008, $10,313 34, paid In full Taxes, Map No 17-03-22-00-00800, Code 04-78, Account No 1400868,2007-2008, $2,996 06, paid In full Taxes, Map No 17-03-22-00-00902, Code 04-78, Account No 1193141,2007-2008, $27,898 79, paid In full Taxes, Map No 17-03-22-00-00903, Code 04-78, Account No 1693850,2007-2008, $2,96147, paid m full Taxes, Map No 17-03-22-00-01000, Code 04-78, Account No 0187938,2007-2008, $15,04728, paid In full Taxes, Map No 17-03-22-00-01001, Code 04-78, Account No 1052545,2007-2008, $2,57837, paId m full \ Taxes, Map No 17-03-22-00-01001, Code 04-78, Account No 4235352,2007-2008, $2,282 62, paId In full (Manufactured Structure) Taxes, Map No 17-03-22-00-01001, Code 04-30, Account No 1696564,2007-2008, $21209, paId m full Taxes, Map No 17-03-22-00-01100, Code 04-78, Account No 0187946,2007-2008, $1,853 64, paid m full Taxes, Map No 17-03-22-00-01201, Code 04-78, Account No 1167020 2007-2008, $65,74011, paid In full Taxes, Map No 17-03-22-00-01201, Code 04-30, Account No 1728458,2007-2008, $1,421 86 paId In full Taxes, Map No 17-03-22-00-01201, Code 19-00, Account No 1728466, 2007-2008, $2,063 12, paId In full Taxes, Map No 17-03-22-00-01202, Code 04-30, Account No 1167038,2007-2008, $8 48, paid In full Taxes, Map No 17-03-22-00-01203, Code 04-78, Account No 1467958,2007-2008, $145.24915, paid In full Taxes, Map No 17-03-22-00-01400, Code 04-78, Account No 0187961, 2007-2008, $4,402 82, paid In full Taxes, Map No 17-03-22-00-01400, Code 19-00, Account No 0187987,2007-2008, $3,065 22, paId m full ~ ~ ,I CONTINUED Date Received' #r>oJr Planner: AL ELT - 55549 Page 7 NOTE The addressees) of the property to be msured herem IS 353 DEADMOND FERRY ROAD, SPRINGFIELD, OREGON 97477 (17-03-15-40-02200) 277 DEADMOND FERRY ROAD, SPRINGFIELD, OREGON 97477 (17-03-14-00-01200) 199 DEADMOND FERRY ROAD, SPRINGFIELD, OREGON 97477 (17-03-14-00-01600) 3479 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477 (17-03-14-00-01800) 3661 BALDY VIEW LANE, SPRINGFIELD OREGON 97477 (17-03-23-22-00200) 3347 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477 (17-03-23-22-00300) 260 AND 270 HOSANNA LANE, SPRINGFIELD, OREGON 97477 (17-03-23-22-00400) NOT KNOWN (17-03-23-22-00500) 3351 AND 3353 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477 (17-03-23-22- 00600) 3307 BALDY VIEW LANE SPRINGFIELD, OREGON 97477 (17-03-23-22-00700) 3483 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-00300) 3387 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-00700) 3375 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-00800) 3311,3333,3355,3363,3377 AND 3383 RIVERBEND DRIVE, SPRINGFIELD, OREGON 97477 (17-03-22-00-00902) NOT KNOWN (17-03-22-00-00903) 3333 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-01000) 3420 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477 (17-03-22-00-01000) 3306 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477 (17-03-22-00-01001) 3211 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-01100) 3125 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-01201) NOT KNOWN (17-03-22-00-01202) NOT KNOWN (17-03-22-00-01203) 3113 GAME FARM ROAD, SPRINGFIELD, OREGON 97477 (17-03-22-00-01400) NOTE As of May 22, 2008, there are no hens for the CIty of Spnngfie1d INFORMATIONAL NOTE EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS Date Received S-- f 30 (;UJf>8' Planner: AL / / CONTINUED , ., ELT - 55549 Page 8 NOTE. SUPPLEMENTED TO UPDATE REPORT AND CHANGE LEGAL DESCRIPTION. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By //} _ // ~ / / ~~ /:t:_-~::;;e:-e_~ Joseph M SIlence TItle Officer CC KPFF Consultmg Engmeers Attn Rachel GrIffith (emaII rachel gnffith@kpffclVllpdx com) NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200 00 WILL BE CHARGED :;" /3D !,9.0o!r Data Received Planner. AL ,..,.r-..."'......). II I ~. ' ELT - 55549 Page 1 of4 Legal DescnptIOn EXHIBIT A A parcel of land located In the East half of SectIOn 22, the Northwest and Southwest quarters of SectiOn 23, the Southeast quarter of SectIOn 15, and the Southwest quarter of SectIOn 14, all m Townsmp 17 South, Range 3 West of the WIllamette MerIdian, m Lane County Oregon, and being more partIcularly descrIbed as follows Begmmng at the mIlIal pOint marked by a 5/8 mch Iron rod WIth yellow plaslIc stamped "KPFF INC", bearmg South 240 52' 35' East 18 10 feet from the Northeast corner of the Wilham M Stevens DonatIon Land Claim No 46, Townsmp 17 South, Range 3 West of the WIllamette MendIan, thence along the Southeasterly nght-of-way Ime of Deadmond Ferry Road (County Road No 90) the followmg three (3) courses and dIstances (I) North 42038' 13" East 18243 feet, thence (2) South 24052' 35" East 10 82 feet, thence (3) North 42038' 13" East 84 21 feet, thence leaVing sald nght-of-way line along the Northerly and Easterly boundanes of Parcel 1 as descnbed m Warranty Deed to Arhe & Company, an Oregon corporatIOn, Recorded October 10,2001, ReceptIOn No 2001-066909, Lane County Oregon Records, the follOWIng two (2) courses and dIstances (I) South 330 50' 47" East 166 75 feet, thence (2) North 42038' 13" East 593 52 feet, more or less, to the mIddle of Sprmg Slough, thence along the middle of sald SprIng Slough the followmg SIxteen (16) courses and distances (I) South 550 17' 48" East 4686 feet, thence (2) South 37032' 39" East 94 07 feet, thence (3) South 46004' 03" East 113 61 feet, thence (4) South 50012' 27" East 82 30 feet, thence (5) South 58012' 25" East 1989 feet, thence (6) North 680 06' 39" East 77 47 feet, thence (7) North 740 43' 23" East 9453 feet, thence (8) North 78012' 24" East 5073 feet, thence (9) North 860 41' 53" East 5991 feet, thence (10) South 71014' 51" East 82 62 feet, thence (11) South 49036' 32" East 17498 feet, thence (12) South 19056' 53" East 168 98 feet, thence (13) South 350 50' 09" East 20246 feet to the Northeast corner of Baldy VIew Condormrnums, Recorded m FIle 75, SlIdes 102-105 mcluslve, Lane County Oregon Plat Records, thence (14) South 280 24' 20" East 534 19 feet along the lme deSCrIbed m Boundary Lme Agreement Recorded on Reel 840R, ReceptIOn No 77-18900, Lane County Oregon Records, to the Southeast comer of saId Baldy VIew CondommnUlls, thence (15) South 42003' 32" East 50 64 feet, thence (16) South 290 21' 12" East 377 40 feet to the ordmary hIgh water 1me of the McKenzIe RIver as shown on U S Army Corps of Engineers Map MK 1-1-17, Dated May 2,1947, thence follOWIng Said ordmary mgh water 1me m a Southwesterly dIrectIOn to a pomt on the Easterly prOJectIOn of the North Ime of a tract ofland conveyed to F G Young by Deed Recorded m Volume 73, Page 508, Lane County Oregon Records, beanng South 43028' 37" West 3075 73 feet from the last pomt, thence North 88010' 40" West 12907 feet along sald Easterly projectIOn to the Northeast corner of saId F G Young Tract, thence contmumg along saId North Ime North 880 10' 40" West 940 75 feet to the mtersectIOn WIth the Easterly nght-of-way Ime ofMartm Luther Kmg Jr Parkway as descnbed m Bargam and Sale Deed to the CIty ofSpnngfield Recorded May 28, 2008, ReceptIOn No 2008-029632, Lane County Oregon Records, thence leaymg ~aId NortJ;1 cOll).cIdent WIth sald Easterly rIght-of-way Ime of the follOWIng twenty-five (25) courses and dIstanc.es (I) North 030 29' 25" East 26 35 feet, thence (2) North 060 41' 41" contrnued ..' -- CONTINUED Date Received 5/30 / .?Dol( Planner. AL ELT - 55549 Page 2 of 4 Legal DeSCrIptIOn West 2071 feet, thence (3) North 370 29' 22" West 398 feet to the beglnrung ofa 139695 foot radIUS non-tangent curve to the rIght, from wruch pomt the center of arc bears North 82021 12" East, thence (4) Northerly 9339 feet along the arc Said curve through a central angle of 030 49' 49", and WIth a long chord of North 050 43 53" West 93 37 feet to the begmmng of 1320 58 foot radIUS non-tangent compound curve to the rIght, from wruch pomt the center of arc bears North 880 02' 27" East, thence (5) Northerly 151 23 feet along the arc of Said curve through a central angle of 060 33 41", and WIth a long chord of North 0] 0 19' 18" East 151 IS feet, thence (6) North 11002' 22" East 2085 feet, thence (7) North 570 12' 51 ' East 54 30 feet, thence (8) North 030 43' 52" East 281 feet, thence (9) North 030 50' 47" East 9500 feet, thence (10) North 030 42' 08" East 244 feet, thence (11) North 40054' 42" West 7168 feet, thence (12) North 090 36' 24" East 461 07 feet, thence (13) North 070 22' 10" East 349 59 feet, thence (14) North 550 59' 52" East 73 81 feet, thence (15) North I r 52' 01" East 10700 feet, thence (16) North 46036' 12" West 103 72 feet, thence (17) North 070 22' 13" East 320 40 feet to the begmmng of a 728 00 foot radIUS curve to the left, thence (18) Northerly 366 73 feet along the arc of Said curve through a central angle of280 51' 47", and WIth a long chord of North 070 03' 41" West 36287 feet, thence (19) North 21030' 30' West 2854 feet to the begInrung of a 828 00 foot radIUS non-tangent curve to the left, from WhICh pomt the center of arc bears South 680 18' 47" West, thence (20) Northwesterly 22035 feet along the arc of Said curve through a central angle of 15014' 53", and With a long chord of North 29018' 40" West 21971 feet, thence (21) North 220 17' 10" East 33 41 feet, thence (22) North 40039' 26" West 76 00 feet, thence (23) South 760 08' 23" West 32 92 feet to the beglnrung of a 826 50 foot radIUS non-tangent curve to the left, from wruch pomt the center of arc bears South 45051' 56" West, thence (24) Northwesterly 399 92 along the arc of saId curve through a central angle of 270 43' 25 , and WIth a long chord of North 570 59' 46" West 396 03 feet, thence (25) North 240 50' 56" West 40 39 feet to a pomt on the South Ime of that tract ofland conveyed to Kay A Renken by Deed Recorded March 7, 2002, ReceptIOn No 2002-017959, Lane County Oregon Records heremafter known as pomt "A", thence comcldent WIth the Northerly hne of that tract ofland conveyed to PeaceHealth, a Wasrungton non-profit corporatIOn, deSCrIbed m the Statutory Warranty Deed Recorded December 31, 2001, ReceptIOn No 2001-088572, Lane County Oregon Records, the follOWIng three (3) courses and dIstances (1) South 880 13' 23" East 33860 feet, thence (2) North 0] 056' 33' East 6502 feet, thence (3) North 01054' 03" East 15620 feet to the Southwest comer of that tract ofland conveyed to PeaceHealth, a Wasrungton non-profit corporatIOn deSCrIbed m the Statutory Warranty Deed Recorded December 31, 2001, ReceptIOn No 2001-088570, Lane County Oregon Records thence along the West, North and East lines of smd PeaceHealth tract the follOWIng three (3) courses and dIstances (I) North 01046' 43" East 277 06 feet, thence (2) South 880 16' 40" East 170 27 feet, thence (3) South 01041' 36" West 277 23 feet to a pomt on the Northerly Ime of saId PeaceHealth tract deSCrIbed m smd Statutory Warranty Deed Recorded December 31, 2001, ReceptIOn No 2001-088572, Lane County Oregon Records, thence South 880 13' 23" East 13731 feet, thence South 24056' 24" East 27688 feet to a pomt of cusp of a 458 00 foot radIUS non-tangent curve to the nght, from wruch pomt the center of arc bears South 000 32' 01" East, continued ... , - ,.,' \".1' . CONTINUED Date Received S/3D /:WD8 Planner AL J ELT - 55549 Page 3 of 4 Legal DescnptlOn thence Easterly 18 03 along the arc of satd curve, through a central angle of 020 15' 21", WIth a long chord of South 890 24' 20" East 1803 feet, thence South 880 16' 40" East 381 59 feet, thence North 750 24' 41" East 33 83 feet, thence South 880 16' 40" East 556 15 feet to a pomt on the East Ime of said WIll1am M Stevens Donatlon Land Clatm No 46, thence comcIdent WIth satd East lme North 24052' 35" West 574 57 feet to the Pomt of BeglillUng, In Lane County, Oregon TOGETHER WITH the follOWIng descnbed tract Commencmg at the above satd pomt "A", thence along the South Ime of that tract of land conveyed to Kay A Renken by Deed Recorded March 7, 2002, ReceptIOn No 2002-017959, Lane County Oregon Records, North 880 ]3' 23" West 8 99 feet to the Southwest corner thereof bemg marked by a 5/8 mch Iron rod WIth a yellow plastic cap marked "KPFF INC", set per Lane County Survey No 39772, further descnbed as bemg on the Easterly nght-of-way of Game Farm Road (satd pomt bemg 3500 feet Easterly of the centerlme thereof, measured perpendIcular thereto), thence along said Easterly rIght-of-way hne the follOWIng three (3) courses and dIstances (I) thence South 020 24' 36" East 122 68 feet, thence (2) North 870 34' 37" West 502 feet South (satd pomt bemg 3000 feet Easterly of the centerlme thereof, measured perpendIcular thereto), thence (3) South 02024' 36" East 34 24 feet to the True Pomt of Begmmng of the herem descnbed tract, thence contmumg along saId Westerly nght-of-way the follOWIng five (5) courses and distances (I) South 020 24' 36" East 5 07 feet to the begmmng of a 4000 foot radIUS non-tangent curve to the nght, from whIch pomt the center of arc bears South 150 02' 52" West, thence (2) Southerly 8707 feet along the arc of saId curve through a central angle of1240 42' 41", and WIth a long chord of South 120 35' 48" East 70 87 feet to the begmmng of a 35 00 foot radIUS reverse curve to the left, thence (3) Southwesterly 23 48 feet along the arc of satd curve through central angle of380 26' 24", and WIth a long chord of South 30032' 21" West 23 04 feet to a pomt bemg 3000 feet Easterly of the centerlme thereof, measured perpendIcular thereto, thence (4) South 02024' 36" West 19237 feet, thence (5) South 01001' 36" East 110 62 feet to the Northwest corner of Parcel 1 per Lane County Land PartItIOn Plat No 2002-PI627, thence leavmg satd Easterly nght-of-way Ime along the North, East and South boundanes of satd Land PartitIOn Plat the follOWIng three (3) courses and dIstances (I) South 88016' 40" East 42558 feet to the Northeast comer thereof, thence (2) South 020 06' 16" East 411 60 feet to the Southeast corner thereof, thence (3) North 88016' 40' West 42760 feet to the Southwest corner thereof, satd pomt bemg further descnbed as a pomt on the Easterly rIght-of-way Ime of saId Game Farm Road (satd pomt bemg 30 00 feet Easterly of the centerlme thereof, measured perpendIcular thereto), thence along satd rIght-of-way lme the follOWIng two (2) courses and dIstances (I) South 01001' 36" East 28 16 feet, thence (2) South 01049' 36" East 9325 feetto the mtersectIOn WIth the Northerly rIght-of-way lme of Cardmal Way as descnbed In Bargatn and Sale Deed to the CIty of Spnngfield Recorded May 28, 2008, ReceptIOn No 2008-029632, Lane County Oregon Records thence leavmg saId Easterly nght-of-way lme along the Northerly nght-of-way lme of Cardinal Way and the Westerly rIght-of-way lme of Martm Luther Kmg, Jr Parkway the follOWIng ten (10) courses and distances (I) South 530 01' 05" contmued ... CONTINUED Date Received Planner AL ~1a.1=q; , / . . ELT - 55549 Page 4 of 4 Legal DescrIptIOn East 25 18 feet to the begJnrung of a radIUS of 329 50 feet non-tangential curve to the nght from wluch pomt the center of arc bears South 040 54' 22" West, thence (2) Easterly 31 75 feet along the arc of saId curve through a central angle of 050 31' 17", and WIth a long chord of South 820 19' 59" East 31 74 feet to the begInrung of a 33454 foot non-tangent compound curve to the nght, from whIch pomt the center of arc bears South 070 0 l' 20" West, thence (3) Easterly 157 53 feet along the arc of saId curve through a central angle of 260 58' 45 , and WIth a long chord of South 690 29' 18" East 156 08 feet, thence (4) South 560 22' 10" East 84 04 feet to the begmmng of a 250 00 foot non-tangent curve to the left, from WhICh pomt the center of arc bears North 37022' 58" East, thence (5) Southeasterly 109 14 feet along the arc of SaId curve through a central angle of 250 00' 48", and With a long chord of South 650 01' 26" East 108 28 feet, thence (6) North 460 16' 21" East 59 33 feet to the mtersectIOn With the Westerly nght-of-way line ofMartm Luther Kmg jr Parkway, thence (7) North 07022' 10" East 34874 feet to the begmrung of a 600 00 foot radms curve to the left, thence (8) Northerly 239 69 feet along the arc of SaId curve through a central angle of220 53' 21", and With a long chord of North 040 04' 31" West 23810 feet to the begmnmg ofa 727 00 foot radms compound curve to the left, thence (9) Northwesterly 687 26 feet along the arc of saId curve through a central angle of 54009' 50", and With a long chord of North 42036' 06" West 661 95 feet, thence (10) South 50032' 40" West 25 18 feet to SaId Pomt of Begmrung, m Lane County, Oregon EXCEPTING those portions of the herem descnbed tract Iymg below the ordmary hIgh water mark of Spnng Slough, whIch IS under ownerslup of the State of Oregon ALSO EXCEPTING those portions of the herem descnbed tract lymg below the ordmary high water mark of the McKenzIe RIver, wluch IS under ownershIp of the Stale of Oregon ALSO EXCEPTING the followmg descnbed tract Commencmg at the Northeast comer of the Wllham M Stevens DonatIOn Land ClaIm No 46, thence along the East Ime of saId DonatIOn Land ClaIm South 24052' 35" East 627 21 feet to the True Pomt of Begmmng of the herem deSCrIbed tract, thence leavmg s81d East Ime North 67018' 25" East 2502 feet to an angle pomt on the Southwesterly boundary of that tract ofland deSCrIbed m that Statutory Warranty Deed 10 PeaceHealth, a Waslungton non-profit corporation, Recorded December 31, 2001 ReceptIon No 2001-088573, LaIle County Oregon Records, thence along saId Southwesterly boundary the followmg seven (7) courses and dIstances (I) North 67" 18' 25" East 664 70 feet, thence (2) South 240 52' 35" East 15024 feet, thence (3) South 67" 11' 51" West 19087 feet, thence (4) South 220 25' 42" East 10179 feet, thence (5) South 330 09' 02" West 6776 feet, thence (6) South 25057 14" East 17470 feet, thence (7) South 680 03' 45" West 2035 feet, thence leavmg Said Southwesterly line along the South boundary Ime per the Plat of Baldy VIew CondomImums Supplemental Plat, FIle 75, Shde 1112, Lane County Surveyor's Office and the Southwesterly extenSIOn thereof South 670 IT 31" West 41991 feet to a pomt on Said East Ime of the WIlham M Stevens DonatIOn Land ClaIm No 46, thence comcldent With Said East lme North 24052' 35" West 46459 feet to saId POint of Begmmng, m Lane County, Oregon DatGlAecelved S}30/ilODb Planner: AL BARGAIN AND SALE DEED Tax Map & Lot Numbers 17-03-22 (on the date of execution) KNOW ALL BY THESE PRESENTS that the CIty of Springfield a municipal corporation In Lane County Oregon Grantor In Consideration of the acceptance by Peace Health a Washington nonprofit corporatlon, Grantee Grantor actlng by and through Its City Manager authorized by Its CIty CounCil hereby grants bargains sells and conveys unto the saId Grantee Its successors and assIgns all the iallowmg real property with the tenements hereditaments and appurtenances sItuated In the County of Lane and State of Oregon described as follows SEE ATTACHED EXHIBIT A TO HAVE AND HOLD, the above desCribed and granted premises unto the said Grantee Its successors and assIgns forever THE TRUE CONSIDERATION for this conveyance IS other than monetary APPROVED this 28th day of May ,200~ by the City Manager of the City of Springfield being duly authorized by the City Council to represent the City of Springfield In the above matter , ( emo1L~ ',I, Jeff Towery (A~ting) cftw irur-l_ AMY SOWA-(}ITY RECORDER R-e"J\'cw~~ 'f\t-l~ t\ft~itt;J~ \..~..... \'\::I.~M -:S-o~"'~-:S \..~\..~r:..~~~ D~c...:z.. ~ c...."t"'-t,-. S"l~., I a '6 BE IT REMEMBERED that on thIS 28th day of May ,200~before me, the underSigned a notary public In and for said County and State personally appeared the within named rJ ~wer~Clfle O"".~ld, whose Identity wHJ.PJi?ved to me on the basIs of satisfactory eVidence and who by me duly sworn dId say that he IS th'ePfCiij Manager of the within named municipal corporation and does acknowledge said Instrument to be the free act and deed of said mUnicipal corporation and that the sea! affixed to said Instrument IS the Corporate seal of said munIcipal corporation and that said Instrument was signed and sealed In behalf of said muniCipal corporation by authority of Its City Council STATE OF OREGON COUNTY OF LANE } 55 IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my offiCial seal the day and year last above written --...=...=.-~ . OFFICIAL SEAL _ AMY LSOWA NOTARY PUBLIC OREGON COMMISSION NO 397942 MY COMMISSION EX!.I~S~O\l 22 2009 ~;J] 4rw&'- N-OTARd PUBLIC FOR OREGON / kJld.-,;)oo q MY COMMISSION ExpiRES THIS INSTRUMENT Will NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRtNG FEE. TITLE TO THE. PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 DiVISion of Chief Deputy Clerk lane County Deeds and Records ZOO~.OZ96JJ $51 00 1111111111111111111111111111111111111111111111111 00999341200800296330060062 OS/28/2008 10,54,58 AM CRSHIER 07 RPR-DEED Cnl=1 Sln=6 $30 00 $11 00 $10 00 RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 Date Received Planner. AL ,-le,,, /.~oo'R I I C \[)"""",ool..1Id Sotlmg,"',n,RJ6\\l..oc:ol s.1lI0s.\To",pmlllJ' Inllllnel F,I.,IOLK6\D..d from lho C"y 10 P..t, H..lth for II. W liDOS MLK /1.0' doc REVISED M.~ 2005 > EXHIBIT A Legal DescrIption PIOneer Parkway ExtensIOn & Cardmal Way Vacation City of Sprmgfield, Lane County, Oregon May 15,2008 That certam tract ofland descnbed in Bargam and Sale Deed recorded June 06, 2003 as Reception Number 2003-053912, Lane County Deed Records, bemg a tract ofland located m the Northeast and Southeast quarters of SectIOn 22, TownshIp 17 South, Range 3 West, Wlllamette Mendlan, City of Spnngfield, County of Lane, State of Oregon, also bemg a portion of the land conveyed to Peace Health, a Waslungton Non-profit CorporatIOn In the Statutory Warranty Deeds recorded December 31, 2001 m Documenls 2001-088567, 2001-088571 and 2001-088572 In the Recorder's Office of said Lane County, more partIcularly descrIbed as follows BEGINNING at the southwest corner of the said StatutOl)' Warranty Deed lecorded as Document 2001-088567, saId corner also bemg the northwest corner of Lot 11 as shown on the SubdlVlslOn Plat entitled "FlfSt AdditIOn to Buena VISta" recorded It1 Book 20, Page 25 of Lane County, Oregon Plat Records and bemg marked by a 5/8 non rod as shown on the RecOld of Survey for ArlIe and Company filed m the Office of the Lane County SUlveyor on October 16, 2001 C S File No 37241, thence South 89'58'00" East 24 46 feet along the north lme of saId Lot 11, thence leavmg saId North lme North 13042'52" West 2813 feet to the begmmng ofa 763 OO-foot IadlUs non-tangent curve concave easterly the radIal beanng of whICh IS North 76'48'43" East, thence nO\~herly 14465 feet along SaId curve through a central angle of 10051 '43" to the begmnmg of a 1055 50-foot radIUS non-tangent curve concave easterly, the radial beanng of which IS North 84046'23' East, thence northerly 170 70 feet along Said curve through a central angle of 09015'59 " thence along the followmg five (5) courses and distances 1) North 05'24'56" East 13265 feet, thence 2) North 05'34'50' East 177 57 feet, thence 3) North 04'32'09" East 191 97 feet, tllence 4) North 06'51' 14" East 382 50 feet, thence 5) North 05'34 50 East 625 44 feet to the begmmng of a 727 OO-foot radIUS non-tangent curve concave westerly, the radial beanng of whIch IS North 84'40'12" West, thence northerly 16405 feet along saId curve through a central angle of 12055'43" to the begmllmg of a 828 OO-foot radIUS non-tangent curve concave southwesterly, the radial beanng ofwluch IS Sonth 82'09'03" West, thence northwesterly 977 33 feet along said curve through a central angle of 67037'45" to the easterly nght-of-way Ime of Game Fann Road (Count) Road No 3), which IS 35 00 feet ftom the centerhne of Game Fann Road when measured at a fight angle, thence South 04'11 '56" East 94 99 feet along the Said easterly right-of-way Ime to a 5/8" Iron rod, thence Sonth 89'21 '57" Wesl5 00 feet along saId easterly nght-of-way lIne to a 5/8' tron lOd 30 00 feet from the centerlIne of said Game Farm Road when measured at a fight angle, thence South 04' 11 ' 56" East 34 16 feet along the SaId easterly rIght-of-way lme, thence leavll1g Said eastelly flght-of-way lme North 48045'26" East 25 09 feet to the begmmng of a 727 OO-foot IadlUS non-tangent curve concave southwesterly, the radial beanng ofwluch is South 18031' 19' West, thence southeasterly 325 43 feet along Said curve through a central angle of25038'51" to the beguullng of a 789 aD-foot radIUS compound curve, thence southwesterly 36398 feet along said curve through a central angle of26025'53" to the begmmng of a 734 aD-foot ladms non-tangent curve concave westerly, the radIal beanng of whIch South 72'45'20" West, tllence southerly 3385 feet along SaId curve thtough a central angle of 02'38'32" to the begmmng of a 563 OO-foot radms compound curve, thence southerly 198 32 feet along Said curve tlu-ough a central angle of20'l 0'58", thence South 05'34'50" West 152 43 feet to the begmlllng of a 289 DO-foot radlUs concave northwesterly, thenee southwesterly 5790 feet along said curve through a central angle of 11 '28'42" to Ihe begummg of a 311 00- foot radlUs reverse curve, thence southwesterly 62 30 feet along saId curve through a central angle of 11028'42" , thence along the followmg SIX (6) courses and dIStances 1) South 05'34'50" West 108 20 feet, thence RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 C \Du<:um.n1l.nd SOn'"I.Ior",~)65\L(1",,] Seitmg.\Tomporory In'OI.Ol F,I..\O!..K6\D..d from ,0. C,ty 10 P.... H..llh far II. W .lonl MLK Rov do. REVISED M.y 2005m Date ~ece\Ved Planner" AL 5/3' 1;>0" If 2) South 00040'09" West 140 16 feet, thence 3) South 04025'05" West 517 55 feet, thence 4) South 05034'50" West 3789 feet, thence 5) South 06052'55' West 15409 feet, thence 6) South 05034'50" West 281 83 feet to the begmmng of a 1144 50-foot radIus curve concave easterly, thence southelly 208 91 feet along Said curve through a central angle of 10027'30" to the northerly ime of an abandoned 60 aD-foot wIde Southern PaCIfic RaIlroad fIght-of-way, and bemg the begllll1lng of a 985 04- foot non-tangent curve concave southwesterly, the ladial beallng of WhICh IS South 56009' 13" West, thence southeasterly 19245 feet along saId curve tluough a central angle of 11011 '38' to the POINT OF BEGINNING TOGETHERWITH That certam tract of land descrIbed In Bargam and Sale Deed recorded January 11,2005 as ReceptIOn Number 2005-002303, Lane County Deed Records, bemg a tract ofland located 111 the northeast quarter of Section 22, TownshIP 17 South, Range 3 West, W1l1arnette MendIan, Lane County, Oregon and bcmg morc partICularly descnbed as follows Commencmg at the southwest comer of that certam tract of land conveyed to the City of Spnngfield m the Deed recorded under Reel 843, ReceptIOn No 77-22531, Lane County Deed RecOlds, saId pamt bears South 46001'08" West 206622 feet from the northeast cornel ofthe Wllham M Stevens DonatIon Land Claim No 46, Townslnp 17 South, Range 3 West, Wlllamette MendIan, SaId pomt bemg further descnbed as a pomt on the east nght~of-way hne of Game Farm Road (County Road No 3) lymg parallel WIth and 30 00 feet easterly of the centerlme of Game FaUll Road, thence c0ll1cldent With said east nght~of-way Ime the followmg two (2) courses and dIstances 1) South 01007'36" East 28 16 feet, thence 2) South 0\049'36" East 9325 feet to the True Pomt of Begmnmg of thiS descnptlOn thence leavmg said east nght-of~way lme South 5300T05 East 25 18 fect to the begmnmg of a 329 50-foot radms non-tangent curve concave southetly, from which the radms pomt bears South 04054'22" West, thence easterly 31 75 feet along the arc of saId curve through a central angle of 05031' 17", WIth a long chord of South 82019'59' East 3174 feet to the begmmng ofa 334 54-foot radIUS non-tangent curve concave southwesterly, from which the radIUS pomt bears South 07001'20" West, thence southeasterly 15753 feet along the arc of saId curve through a central angle of26058'45", WIth a long chord of South 69029'18" East 15608 feet, thence South 56022'10" East 84 04 feet to the begmmng ofa 250 OO-foot radlUs non-tangent curve concave northeasterly, from whIch the radIUS pomt bears North 3 r22' 58" East, thence southeasterly 109 14 feet along the arc of said curve through a central angle of25000'48", With a long chord of South 6500T26" East 1 08 28 feet, thence NOlth 46016'21" East 50 58 feet to a pomt on the westerly nght-of-way line ofPlOneer Parkv..ay as descllbed In Road DedicatIOn Document filed In Document No 2003-053912, Lane County Deed Records thence comcldent WIth said westerly nght-of-way lme the followmg three (3) courses and dIstances 1) South Or22'10" West 14 87 feet, thence 2) South 0202T29" West 140 16 fect, thence 3) South 0601225" West 21 61 feet, thence leavmg said westerly nght-of-way Ime North 38004'42" West 6814 feet, thence NOlth 7703T50" West 3 41 feet to 1I1e begml1lng of a 339 OO-foot radms curve concave northeasteliy, thence northwesterly 148 00 feet along the arc of S!lld curve Ihrough a central angle of 25000'48", With a long chord of North 6500T26" West 146 82 feet, thence North 48031 '30" West 84 08 feet to Ihe begll1l1mg ofa 274 21-foot radms non-tangent cmve concave southwesteriy, from whlch the ,adms pomt bears South 41002'26" West, thence northwestetly 125 39 feet along the arc of said curve through a central angle of26011 '57' , With a long chord of North 62003'32" West 124 30 feet, thence North 81052'08' West 2178 feet, thence South 58009'34" West 19 61 feet to a pomt on sald east nght-of-way Ime of Game Farm Road, thence RETURNTQ CITY OF SPR1NGF1ElD PUBLIC WORKS DEPT 225 FIFTH STREET SPRINGFIELD, OREGON 97477 C ID"",menu .nd S.IIt"~llorn,g365\Locol S.lIrng.lTempo",}' Inle'""l FLI.,IOLK6\D..d from lne C'ly to P....H..lth ror R W .Ion~ MJ.J( R. d<>e REVISED M.) 2005 Date Received Planner AL S/3V 1"2008' , conlCldcnt with s31d east flght-of-way Ime North 01049'36" West 84 68 feet to the True Pomt of Beglllomg The basis of beaTings for thIS descnptlOll IS the beanng between the found monuments markmg the northeast and northwest corners of the WIlham M Stevens DonatIOn Land Claim No 46, bemg North 88" 16' 40" West, Olegon State Plane Coordmate System (South Zone) EXCEPTING THEREFROM A tract ofland located In Sectlon22, Township 17 South, Range 3 East, Wlllamette Melldran, Lane County, Oregon and bemg mOle partIcularly descllbed as follows BEGINNING at a 5/8 mch Iron IOd with a yellow plastic cap marked "KPFF lNC "set per Lane County Survey Number 39772, bell1g the most northerly nght-of-way monument set on Game Fann Road per saId survey (saId pomt bemg 3500 feet easterly of the centerlIne thereof, measUled perpendicular thereto), on the south Ime of that certam hact of land conveyed to Kay A Renken March 7th, 2002 recorded m Lane County Deed Docwnent Number 2002-017959, thence along saId south hne South 88013' 23" East, 8 99 feet, thence leavmg said south hne South 240 50' 56" East, 40 39 feet to the beglIUllng of a 826 50 foot radIUS non-tangent curve to the fight from wlllch pornt the center ofculve bears South 18" 08' 31" West, thence 399 92 feet along the arc of saId curve through a centra! angle of270 43' 25", with a long chord of South 570 59' 46" East, 396 03 feet, thence North 760 08' 23" East, 32 92 feet, thence South 40" 39' 26" East, 76 00 feet, thence Sonth 22" IT 10" West, 33 41 feet to the begrllillng of a 828 00 foot non- tangent curve to the nght from which pomt the center of curve bears South 530 03' 54" West, thence 220 35 feet along the arc saId curve through a centw1 angle of 150 14' 53" wIth a long chord of Sonth 290 18' 40" East, 219 71 feet, thence South 21" 30' 30" East, 28 54 feet to the begml1lng of a 72800 foot ladms non-tangent curve to the nght flam which pomt the center of curve bears South 680 30' 26" West, thence 36674 feet along the arc of said curve through a central angle of280 51' 47", with a long chord of South 07" 03' 41" East, 362 87 feet, thence South or 22' 13" West, 320 40 feet, thence Soulh 460 36' 12" East, 10372 feet, thence South 17052' 01" West 10700 feet thence South 550 59' 52" West, 7381 feet, thence South 07022' 10" West, 349 59 feet, thence South 09" 36' 24" West, 46107 feet, thence South 400 54' 42" East, 71 68 feet, thence South 03" 42' 08" West, 2 44 feet, thence South 030 50' 47" West, 95 00 feet thence Sonlh 03" 43' 52" West, 2 81 feet, thence South 57" 12' 51" West, 54 30 feet, thence South II" 02' 22" West, 20 85 feet to the begll1l1lng ofa 1320 58 foot radiUS non-tangent curve to the left from which pomt the center of CUlve beals South 850 23' 52" East, thence 151 23 feet along the arc of said throngh a cenlral angle of 06033' 41", with a long chord of South 010 19' 18" West, 15] 15 feet to the begll1nll1g of a 1396 95 foot non-tangent compound cnrve to the left from whIch pomt the center of curve bears North 880 02' 21" East, thence 93 39 feet along the arc of said curve thlOugh a central angle of 030 49' 49", with a long chord of South 050 43' 53" East, 9337 feel thence South 37" 29' 22" East, 398 feet, thence Sonth 06" 41' 41" East, 20 71 feet, thence South 03" 29' 25" West, 26 35 feet to a pomt on tlle North Ime of Lotll per the Plat of Fust AdditIOn to Buena VIsta filed III Book 20, Page 25, Lane County Plat Records, thence along saId north lme North 88010' 40" West, 26 69 feet to a pomt on the northeasterly lme of that certam abandoned Southern PaCific Railroad Right-of-way descnbed In Deed Document Number 9307441, Lane County Deed Records, saId pomt bemg further descnbed as a pomt of cusp of a 985 04 foot radIUs non-tangent curve to the left from wluch pomt the center of curve bears South 690 08' 11" West, thence 205 72 feet along the arc of smd CUI ve through a central angle of 11" 5T 58", wIth a long chord of North 260 50' 48" West, 205 35 feet to the begmmng of a 899 59 foot radIUS non~tangent curve to the fight from whIch pomt the center of curve bears South 570 10' 13" West, saId pomt bemg further descnbed as a pomt on the westerly flght-of- way lme of Martm Luther Kmg Parkway as shown on Land PartllIon Plat Number 2006-P2030 recorded m Lane County Survey Flle Number 39968, thence along saId westerly flght-of-way Ime the followmg eight (8) courses and dIstances I) 104 93 feet along the arc of said curve throngh a central angle of 06' 40' 58", WIth a long chord of North 01" 09' 39" East, 10486, thence 2) North 15004' 44" West, 8425 feet to the begmmng of a 1177 50 foot radIUS non-tangent curve to the fight from w\uch pomt the center of cnrve bears South 830 22' 55" East, thence RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS OEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 C\DoOllm...,..lldS'lIJn8'\'Tltf5J65~IS'tIInll'\T.mpo"')'lnl."""ril..\OLK6\D.odr,omlh.Cnylop,"c.li..llnforR I'..lo"gMLK Rev doc REVISED M.y :l005 Date ReceIved Planner AL S-/3" (~otJg I 3) 1546 feet along the alc of saId curve through a central angle of 000 45' 09", wIth a long chord of North 060 59' 39" East, 1546 feet, thence 4) North 07" 22' IS" East, 76 55 feet, thence 5) North 36" 01' 06" East, 6153 feet, thence 6) North or 22' 15" East, 527 00 feet, thence 7) North 06" 05' 52" East, 13503 feet, thence 8) North 07" 22' IS" East, 177 00 feet to a pomt on the southerly nght-of-way lme of Cmdmal Way as shown on said Land PartItIon Plat Number 2006-P2030, thence along said southerly nght-of-way lme the followmg seven (7) courses and dIstances I) North 42" 08' 08" West, 68 80 feet to tile beglluung of a 34250 foot radms non-tangent curve to the right flOm which pomt the center of curve bears North 12022' IS" East, thence 2) 14952 feet along the arc of said ClUve tluaugh a centlal angle of250 00' 48", wIth a long chord of North 65" 07' 21" West, 148 34 feet, thence 3) NOlth 48" 31' 25" West, 84 08 feet, thence 4) North 53" 12' 35" West, 6 12 feet to the begmmng of a 263 00 foot radms non-tangent curve 10 the left from whIch pomt the center of curve bears South 400 18' 59" West, thence 5) 11844 feet alollg the arc of saId curve throllgh a centlUl25" 48' 06", wlth a long chord of North 62" 35' 04" West, 11744 feet to the begmnmg of a 267 28 foot radIUS llon-tangent compound curve to the left from whIch pomt the center of curve bears South 100 14' 40n 'AT est, thence 6) 2065 along the arc of s8J.d compound curve tluough a central angle of 040 25' 39", wIth a long chord of North 81" 58' 09" West, 20 65 feet, thence 7) South 61022' 50ll West, 1843 feet to a pomt on the easterly nght-of-way of Game Farm Road South (saId pomt bemg 3500 feet easterly of the cenlellme thereofrneasured perpendIcular theleto), thence comcIdent wIth said easterly right-of-way lme North 0 1049' 36" West, 86 60 feet, thence leavmg said easterly nght-of-wav Ime South 53" 07' 05" East, 25 18 feet to the begmnmg ofa 329 50 foot radIUs non-tangent curve to the rIght from WhICh pomt the center of curve bears South 040 54' 22" West, thence 3175 feet along the arc of said curve tluough a cenna! angle of 05" 31' 17", wIth a long chord of South 82" 19' 59" East, 31 74 feet to tile begllmmg of a 334 54 foot ,"dIUs non-tangent compound curve to the nght from whIch pomt the center of curve bears South 070 01' 20" West, thence 157 53 feet along the arc of said compound curve through a central angle of 26" 58' 45", with a long chord of South 69" 29' 18" East, 15608 feet, thence South 56" 22' 10" East, 84 04 feet to the begmmng of a 250 00 foot radIUS non-taIlgent curve to the left from whIch pomt the center of curve beals North 370 22' 58" East, thence 109 14 feet along the arc of said curve through a central angle of25" 00' 48", with a long chord of South 65" 07' 26" East, 10828 feet, thence North 46" 16' 21" East, 59 33 feet, thence North 07" 22' 10" East, 348 74 feet to the begmmng of a 600 00 foot IadlUs non-tangent curve to the left nom which pomt the center of curve bears North 82" 37' 50" West, thence 239 69 feet along the arc of saId curve through a central angle of22" 53' 21", with a long chOld of NOlth 04" 04' 31" West, 23810 feet to the begInrung of a 727 00 foot radIUs non-tangent compound curve to the left from WhICh pomt the center of curve bears South 740 28' 49" West, thence 687 26 feet along the arc of saId compound curve through a central angle of 54" 09' 49", wIth a long chord of North 42" 36' 06" West, 661 95 feet, thence South 50" 32' 40" West, 25 18 feet to a poml on the easterly-nght-of-\I\ay hne of Game Farm Road South (bemg 30 00 feet from the centerline thereof, measUl ed perpendIcular thereto), thence COIncIdent wIth the said easterly nght-of-way lme the followmg three (3) courses and dIstances 1) North 02" 24' 36" West, 34 24 feet, tilence 2) South 8r 34' 37" East,S 02 feet (said pomt bemg 35 00 feet eastelly ofthe centerlme thereof, measured perpendlculaJ. thereto), thence 3) North 02" 24' 36" West, 122 68 feel to tile POINT OF BEGINNING All as shown on ExhIbIt IB', attached hereto and by thIS reference made a part hereof RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 C IDoOtlmenll.nd S.lIInll"l..nI8J65\L_1 SOllon~J\T.mporary lolern<! F,le.IOLI<61D...! r'om 10. C,ty '" Pet"" H..ltn fot R W .Ion~ MLK Rev dac: REVISED May ZOO} Date Received Planner AL sj.Jo (.;may , . EXHlBIT '3' ~ 17771 PUBLIC ROAD DEDICATION PER ILLcl RECEPTION NO 2003-053912 ) ~~~ PUBLIC ROAD DEDICATION PER -~ RECEPTION NO 2005-002303 0" t '::l ~<i! ~..: fX.0> <D'2 iii.!!! ClO- \:"I() 1! '%% () 1b ?t. 0 '%~ -t.:t ?t.O 0'0 .;.t ,&7", o ~ ~"6 ,&7,?, ''1> ~-o 0'1> 'f;, CO ~ SCALE 1" = 300' PLAT TO ACCOMPANY LEGAL DESCRIPTION J1!If'If'l~__ ,.,.., m s.w. Fmtl A.... ..... .... I _ ""'- ll12O< -..... MLK JR PARKWAY & CARDINAL WAY RlGIIT-OF-WAY TRANSFER CITY OF SPRlNGFlELD, LANE COUNTY, OREGON SECTIONS 22 & 23, TOWNSHIP 17 SOUTH. RANGE 3 WEST 301 14078-MLK-CARDINAL-VACATION I DATE 05-152OOB I SCALE 1 "300 ~ CONTOUR INTERVAL Nfl; !PROJECT NO 301140 78 I SHEET- BARGAIN AND SALE DEED Tax Map & Lot Numbers 17-03-22 (on the date of execution) KNOW ALL BY THESE PRESENTS that Peace Health a Washlnqton Non-Profit CorDoratlon Gran\or(s) m Consldera\lon of the acceptance by the CIty of Spnngfleld Oregon Grantee and the use or holding of said property for present or future public use by Grantee Grantor hereby grants, bargainS sells and conveys unto the said Grantee Its successorS and assigns all the following real property with the tenements heredItaments and appurtenances situated In the County of Lane and State of Oregon bounded and descrrbed as follows SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE THE SAME IS HEREBY and forever dedIcated to the public to be used as PUBLIC ROAD TO HAVE AND HOLD the above descnbed and granted premIses unto the said Grantee Its successors and assigns forever THE CONSIDERATION for thIs conveyance IS other than momtarv IN WITNESS WHEREOF th~ 3/ed have hereunlo sel the" hands and seals this 51~~::ureda~ '2008;;~;~~E~;~ "re"'n""' Pnnt name (Title & Company) Signature Pnnt name (Title & Company) STATE OF OREGON COUNTY OF LanE } 55 , BE IT REMEMBERED that on this 2Znd day of May 20~ before me the underSigned a notary pubhc In and for said County and State personally appeared the Within named Me] Pvne whose IdentIty was proved to me on the baSIS of satisfactory eVIdence and who by me duly sworn, did say that he: Is/at~ the Senwr V~ce PreSldent of Pe::!J,-eHeal t.h and does acknowledge said Instrument to be the free act and deed of said Corporation and that the seal aHlxed to saId Instrument IS the Corporate seal of saId Corporahon, and that saId Instrument was SIgned and sealed In behalf of said Corporation by authonty 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 wntten ~QQQO- \.A \\'ee' cA':JZ _ Notary Pubhc fol..Qregon . 61~lpIIO My Comml:tslon Expires _-. ---~~;~~-;~~~="1 STELLA Y Me CASE j NOTARY PUBLIC OREGON ( , COMMISSION NO 402822 '. Y MMISSION EXPIRES FE~ ?6 __29.12". THE l?-*rt'T?'fl"-r--t't~'trrS'tf - ment conveYing title or mterest to the CIty of Springfield a Municipal Corporation of the State of Oregon IS hereby approved and the tItle or Interest conveyed therein IS hereby accepted CITY OF SPRINGFIELD By iL~ A W~y DenniS P Ernst ~ City of Spnngfield Surveyor /'1,. V 2 'S. 20,0,'3 Date DiViSion of Chief Deputy Clerk Lane County Deeds and Records ~~~8.~~~m 11111111111111111111111111111111111111111111111 00999340200'0029632007007: OS/28/2008 10 54'58 AM CRSHIER 07 $56 00 RPR-OEEO Cnhl Sln=6 $35 00 $11 DO $10 00 RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD FINANCE DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 C IDocumoou ond SO'1I081Iph,f.,lLooll So"m8,ITomporary lo,.met F,I..IOLKF5DlRJvorbood MLK odd'[Iooal It W ded,oauoo Rov do< REVISED SOplomber 1004 Date Hec61ved Planner. AL r!30!'J..DoS- , EXHIBIT A A tract of land located m SectIon 22, Townslup 17 South, Range 3 East, Wlllamette Mendmn, Lane County, Oregon and bemg more partIcularly descrIbed as follows BEGINNING at a 5/8 mch Iron rod wIth a yellow plastiC cap marked "KPFF INe " set per Lane County Survey Number 39772, bemg the most northerly nght-of-way monument set on Game Faml Road pel saId survey (said pomt bemg 35 00 feet easterly of the centerlme thereof, measured perpendIcular thereto), on the south hne of that certam tract ofland conveyed to Kay A Renken March 7th, 2002 recorded III Lane County Deed Document Number 2002-017959, thence along saId south lme South 88" 13' 23" East, 8 99 feet, thence leavmg sard south Ime South 24" 50' 56" East, 40 39 feet to the begmmng of a 826 50 foot radms non-tangenl cnrve to the nght from wlnch pomt the center of curve beals South 18" 08' 31" West, thence 399 92 feet along the arc of saId curve throngh a central angle of27" 43' 25", wIth a long chord of South 57" 59' 46" East, 396 03 feet, thence North 76" 08' 23" East, 32 92 feet, thence South 40" 39' 26" East, 76 00 feel, thence South 22" IT 10" West, 33 41 feet to the begmmng of a 828 00 foot non-tangent curve to the nght from which pomt the center of cnrve bears South 53" 03' 54" West, thence 220 35 feet along the arc smd curve thlOUgh a central angle of 15014' 53", wIth a long chord of South 29018' 40" East, 219 71 feet, thence South 21" 30' 30" East, 28 54 feet to the beglluung of a 728 00 foot radms non- tangent curve to the nght from whIch pomt the center of curve bears South 680 30' 26" West, thence 366 74 feet along the arc of saId curve tluough a central angle of280 51' 47", wIth a long chord of South 07" 03' 41" East, 362 87 feet, thel1ce South OT 22' 13" West, 320 40 feet, thence South 46" 36' 12" East, 103 72 feet, tllence SOUtll 17" 52' 01" West, 10700 feet, thence South 55" 59' 52" West, 73 81 feet, thence South 07" 22' 10" West, 349 59 feet, thence South 09" 36' 24" West, 461 07 feet, thence South 40" 54' 42" East, 71 68 feet, thence SOUtll 03" 42' 08" West, 2 44 feet, thence South 03" 50' 47" West, 95 00 feet, thence South 03" 43' 52" West, 2 81 feet, thence South 57" 12' 51" West, 54 30 feet, thence South 11" 02' 22" West, 20 85 feet to the begmnmg ofa 132058 foot radIUs non~tangent curve to the left from whIch pomt the center of curve bears South 85" 23' 52" East, thence 151 23 feet along the arc of saId through a central angle of 06" 33' 41", wIth a long chord of South 01" 19' 18" West, 151 ]5 feet to the begmmng of a 1396 95 foot 11011- tangent compound curve to the left from whIch pomt the center of curve bears North 880 02' 27" East, thence 93 39 feet along the arc of saId curve through a centra] angle of 03049' 49", with a long chord of South 05" 43' 53" East, 93 37 feet, thence South 37" 29' 22" East, 3 98 feet, thence South 06" 4]' 41" East, 20 71 feet, thence South 03" 29' 25" West, 26 35 feet to a pomt on the North hne of Lot 11 per the Plat ofFlTSt Addlhon to Buella VIsta flied m Book 20, Page 25, Lane County Plat Records, thence along sard north hne North 88" 10' 40" West, 26 69 feet to a pomt on the northeasterly line of that certam abandoned Southern PacIfic RaIlroad RIght-of-way descnbed m Deed Document Number 9307441, Lane County Deed Records, said pomt bemg further descnbed as a pomt of cusp of a 985 04 foot radIUs non-tangent curve to the left from whIch pomt the center of curve bears South 690 081 lIlt West, thence 205 72 feet along the arc of sald curve through a central angle of 11" 5T 58", wIth a long chord of North 26" 50' 48" West, 205 35 feet to the begmnmg of a 899 59 foot radIus non-tangent curve to the nght from whIch pomt the center of curve bears South 57010' 1311 West, saId pomt bemg further descnbed as a pomt on the westeIly nght-of-way lll1e ofMartm Luther Kmg Parkway as shown on Land PartItIOn Plat Number 2006- P2030 recorded m Lane County Survey Flle Number 39968, thence along sa,d weslerly nght-of- way hne the followmg eIght (8) courses and dIstances 1) ] 0493 feet along the arc of saId curve through a central angle of 060 40' 58", wIth a long chord of North 01" 09' 39" East, 10486, thence 2) North 150 041 44" West, 8425 feet to the begmIllDg of a 1177 50 foot radIUs non-tangent curve to the nght from whIch pomt the center of curve bears South 830 22' 55" East, thence 3) 1546 feet along the arc of said curve through a central angle of 00" 45' 09", wIth a long chord of North 06" 59' 39" East, ]5 46 feet, thence 4) North 07" 22' 15" East, 76 55 feet, thence 5) NOlth 36" 01' 06" East, 61 53 feet, thence G) North 070 22' 15" East, 527 00 feet, thence 7) North 06" 05' 52" East, 135 03 feet, thence 8) North 07" 22' 15" East, 177 00 feet to a pomt on the southerly nght-of-way Ime of Card mal Way as sbown on sard Land PartltlOn Plat Number 2006-P2030, thence along said southerly nght-of-way lme the followmg seven (7) courses and dIstances RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD FINANCE DEPT 225 F!FTH STREET SPRINGFIELD OREGON 97477 C\Do<:umon".ndSCltlni,lph,for\Loc:lISClUng,ITompoJIryln'o",eIF,Io,IOWSDIR,.orbond MLK.,khtlo".J1!.Wdod,tllioll-Rovdoe REVISED SoplOmbe, 2004 Date ReceIved Planner AL S/:Jo I~r: I 1) North 420 08' 08" West, 68 80 feet to the begmmng of a 342 50 foot radIUs non-Iangent curve to the nght from whIch pomt the center of curve bears North 12022' 15" East, thence 2) 14952 feet along the arc of said curve through a central angle of250 00' 48", wIth a long chord of North 650 07' 21" W esl, 148 34 feet, tllence 3) North 480 31' 25" West, 84 08 feet, thence 4) North 530 12' 35" West, 6 12 feet to the begllullng of a 263 00 foot radIUS non-tangent curve to the left from whIch pomt the center of curve bears South 400 18' 59" West, thence 5) 11844 feet along the arc of saId curve through a centra1250 48' 06", wIth a long ChOld of North 620 35' 04" West, 117 44 feet to the begmmng of a 267 28 foot radIUS non-tangent compoWld curve to the left from which pomt the center of curve bears South 100 14' 40" West, thence 6) 2065 along the arc of smd compound curve through a central angle of 040 25' 39", With a long chord of North 810 58' 09" West, 20 65 feet, Ihence 7) South 61022' 50" West, 1843 feet to a pomt on the easterly nght-of-way of Game Farm Road South (satd pomt bemg 3500 feet easterly oftlle centerlme thereof measured perpendIcular thereto), thence COlDCldent With sald easterly nght-of-way lme North 01049' 36" West, 86 60 feet, thence leavmg Sald easterly nght-of-way Ime South 530 07' 05" East, 25 18 feet to the begllUllng of a 32950 foot radlUs non-tangent curve to the nght from which pomt the center of curve bears South 040 54' 22" West, thence 31 75 feet along the arc of SaId curve through a central angle of 05031' IT', With a long chord of South 820 19' 59" East, 31 74 feet to the begmnmg of a 334 54 foot radIUS non~ tangent compOlll1d curve to the nght from wluch pomt the center of curve bears South 070 01' 20" West, thence 157 53 feet along the arc of saId compound curve through a central angle of260 58' 45' ,wIth a long chord of South 69029' 18" East, 15608 feet, thence South 560 22' 10" East, 84 04 feet to the begummg of a 250 00 foot radIUS non-tangent curve to the left from WhICh pomt the center of curve bears North 370 22' 58" East, thence 109 14 feet along the arc of saId curve through a central angle of250 00' 48", WIth a long chOld of South 650 07' 26" East, 10828 feet, thence North 46016' 21" East, 59 33 feet, thence North 070 22' 10" East, 348 74 feet to the begmnmg of a 600 00 foot radIUS non-tangent curve to the left from whIch pomt the center of cnrve bears North 820 37' 50" West, thence 23969 feet along the arc ofsald curve through a central angle of220 53' 21 ", WIth a long chord of North 04004' 31" West, 238 10 feet to the begmmng of a 727 00 foot radiUS non-taIlgent compound curve to the left from wluch pomt the center of curve bears South 740 28' 49" West, thence 687 26 feet along the arc of SaId compound curve through a central angle of 54009' 49", WIth a long chord of North 420 36' 0611 West, 66195 feet, thence South 500 32' 40" West, 25 18 feet to a pamt on the easterly-nght-of-way 1me of Game Fanu Road South (bemg 30 00 feet from the centerlme thereof, measured perpendIcular thereto), thence c01l1cldent WIth the sald easterly fIght-of-way lIne the followmg three (3) courses and dIstances 1) North 020 24' 36" West, 34 24 feet, thence 2) South 870 34' 37" East, 5 02 feet (sald pomt bemg 35 00 feet easterly of the centerlme thereof, measured perpendlCular thereto), thence 3) North 020 24' 36" West, 122 68 feet to the POINT OF BEGINNING All as shown on ExlubIt 'B', attached hereto and by tlus reference made a part hereof RETURN TO CITY OF SPRINGFIELD PUBLIC WORKS OEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD FINANCE DEPT 225 FIFTH STREET SPRINGFIELD OREGON 97477 ClDocumenu Md Seu,nplph,r..-lLoCIII S."'''g,ITcmpor,ny ],,[=1 fJI..\OLKFSDlRJvcrbcnd MLK addllKl/lll1 R W dcd":.,,on Rev doc REVISEDScplcmbc< 2004 Date Received Planner AL >hof~'r \ , , , I I I ! PLAT TO ACCOMPA.1IJY LEGAL DESCRIPTION \ --' ~ I _J --./ 1 , ! EA"HIBIT 'B S88013'23'E 899' S24050 56"E 4039' ~ ~ ~' L.;, N76008'23"E 3292' "0 ~-1 ij)<( u c])..: !XC]) <DC: ....c: ro.!!! O~ - 3000' S40039'26'E 7600 i I I 1 i ! \ \ NORTH o Ir687 26' R~727 00' ll.~S4'09'49" N42036'06 'VI 66195' Ir220 35' R~828 00' /I~15014'53" S2901 8'40"E 21971 , I I 1 I I i PARCEL 1 I I 1 I 1 I L~239 69'- R~600 00' -- /1-22'53'21 " N04'0431"W 238 10' L~366 74 <<-728 00 "'~2805I'47" S07'03'41"E 36287' P-\RTITION MATCH LINE SEE SHEET 5 PLAT 1\0 PARCEL JJ 2002-P1527 , _N82~F SO"W I 140MLK NEW-DEDICATION I1I'f:'/'71 c_... __ w.aII m LW Fftb A_ ......- PorUend, o~ 072041 501-2%14U1 MLK JR. PARKWAY & CARDINAL WAY RlGID-OF-WAY DEDICATION CITY OF SPRINGFIELD, LANE COUNTY, OREGON SECTIONS 22 & 23, TOWNSIllP 17 SOUTH, RANGE 3 "''EST I DATE. 05-16-2008 I SCALE 1 -100 ICOt-n'OTJR lN1'ERVAL.Nfl>: PROJECT NO 30114078 ISHEET lOF4 1 PLAT TO ACCOMPANY LlWAL DESCRlPTlON II!1:lJ ,n"s.......""':: ..... 2500 PllIl"Ikod. 0,... 8n0.41 SOS=-32Sl , , i .' I I I I ~ '" 553"07 uS E, ~ 2518' ~ ~O' g ~ '" OJ 0 ",<> <l" <> :...'" o z 1 I 1 S61"2250"W- 1843' I L=20 65--1. R~267 28' ! L\~04"25'39' i N81"58 09"W 1 1206S' I I ! I i , ! ! P":..RCEL I PARTIf10l'. EXHIBIT 'B " L=239 69' I R~600 DOT-- L\~22"53'2I' I N04"04'31"W' 238 10' I t ! i I I MATCH LINE SEE SHEET 4 PLAT NO ! PARCEL IT NORTH 2002-P1627 N82"37'SO'W 1 , 1 ! i ! , L~31 75' ~R=329 50' "=05"31' 17" S82"19'S9"E , 3174' ~ o S'I ~ o ;.. o '" p; o _ r:;;: "'" ",,," 0'" >:: L=15753' R=334 54' "=26"58'45" S69"29'18"E 15608' L=109 14' R~250 00' Ll=25000'48" S65"07'26"E 10828' N46"16'21"E 5933' PARTITION L=14952' R=342 50' "=25"00'48' N6S"OT21 "W 14834 \ i I t 1 I I 1 PiA T ,",0 f" '" ~O CV <:> "'" '" '" <:> 2; 2006-P2030 PARCEL I Date Received Planner AL sj30 !-:mD9: I I MATCH LINE SEE SHEET 6 '" MLK JR PARKWAY & CARDINAL WAY RIGHT-OF-WAY DEDICATION CITY OF SPRINGFlELD, LANE COUNTY, OREGON SECTIONS 22 & 23, TOWNSHIP 17 SOUTH. RANGE 3 WEST . L=36674./ R=728 00' 1I=28"SI'47" 807"03'41 ~E 362 87' ~ ~o - "" "'0 "cv "'''' <:> " ~ o _ - 01 0, Ii) " 01 '" "" o '" '" 1140MLK NEW-DEDICATION I DATE 05-16~2008 I SCALE. 1 -"I 00 ICOi'n'OUR INTERVAL N//1 I PROJECT NO 301140 78 ISHEEI' 2 OF 4 EXHIBIT 'E' NORTH I i!< o _ ~ '" 0. '" r> '" " v- a '" '" MATCH LINE SEE SHEET 5 P'ill:rTJON / I r ! I ! PL.:;T NO 2006-P2030 PARCEL I ~ . i I , i I 1 PARCEL 2 o - a g" , '" "", g i!< ;. ~ ~~ '" ~ 01 10 C v- '" ~ . . ~ ~' <.; , I ~ "0 al >-1 ~<( al.... !XGl c: 2c: ell.!!! Ca.. , \ I \ II N N07'22IS"E . '" 76 5S' . \ '" ~~W l ~ ~83'22'SS"~ {J;6~~~;~~ i ... 1546' I <p~\ SS7'5~;1~~:W '-s03"43'S2"W : ~ ~ 2811 I , " - \: >j. ~ - MAJCH 1.II!E SEE "111>0;1 I PLAT TO ACCOMPANY LEGAL DESCRlPI10N lI40MLK NEW-DEDICATION P'IRCEL 3 I 03'42'OS"W 2 44 S03'SO'47"W / 95 00 11lillJ"" ' , tI c_ ""*-' ms.w FtrthA\"IIIlUe ..... .... ~ 0regQn ii72041 ......,. ..,., MLK JR PARKWAY & CARDINAL WAY RlGHT-OF-WAY DEDICATION CITY OF SPRINGFIELD, LANE COUNTY, OREGON SECTIONS 22 & 23, TOWNSHIP 17 SOUTH. RANGE 3 WEST DATE. 05-152008 SCALE.. 1"=100 CONTOURlNTERVA!.-N/A PROJECT NO 301140 78 I SHFXI" 3 OF 4 EXHlBIT 'B' \ NORTH 1 I 1 ~ S83"22'55"E .z. .\ .... ~ '" ~'h YATCH LINE SEE SHEET 6_ ~ t:. '" ~z lr1546 R=1l7750' 1l.=0"4S'09" N06"59'39"E 1546 . ,,-803"50'47"W / 9500 ! 1 1 , 1 lr10493\ Sl1"02'22"W R=899 59' 20 85' 1l.=6"4Q'S8" NOI"0939'E 104 86' \ N 87"49 10" E --'S03"43'52"W 281' ~<;>OO(l 0.4- ". 0 ':> L=205 72 R=985 04' 1l.=II"S7'S8" N26"50'48"W 205 35' L=15123' . --------R=1320 58' 6=60.33'41 " SOl "19 18"W 151 IS' N 86"11'01" E 1 1 I I I , ! 1 I , , 1 I ! ! I \ >"~ "01> > 569 \ \ \ ...-- L=93 39' ______ R=13959S .6=3049'49" SOS"43'S3"E 9337 S37"29'22"E 3 98' 05"4I'41"E 2071' \\..S03"29'25oW 26 3S' \ N88"1O 40"W ~O" <to 26 59' 5\ ;S>\) '1\5\1- LOT 11 l'\\< 0.'.1",,,1- v \ Date ReceIved Planner AL 5 h /;loo,1 , I PLAT TO ACCOMPANY LEGAL DESCRlITlON 1140MLK NEW-DEDICATION It.I;Yif~ c___ ~ 1f18.WAfthAYIf\Ua ..... .... PorIknd,. 0nG0ct 872041 ~227"'" MLK JR PARKWAY & CARDINAL WAY RIGHT-OF-WAY DEDICATION CITY OF SPRlNGFlELD, LANE COUNTY, OREGON SEcnONS 22 &. 23. TOWNSHIP 17 SOUrH. RANGE 3 WEST I DATE 05-16--2008 SCALE 1 "'100 CONTOUR INTERVAL Nt}, PROJEctNO 30114078 ISHEsr 40F4 REVDew COpy After recordmg, please return to Donald A Gallagher, Jr Arnold Gallagher Saydack, et al 800 WIllamette Street, Smte 800 Eugene, OR 97401 TEMPORARY PUBLIC ACCESS EASEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washmgton non- profit corporatIOn heremafter referred to as "Grantor" and the CITY OF SPRINGFIELD a mU11lclpal corporatIOn organIzed and eXlstmg under the laws of the State of Oregon, herem after referred to as "Grantee" or "CIty" RECITALS A. Grantor owns the real property deSCrIbed as That certam tract ofland descnbed m the Statutory Warranty Deed recorded on December 31, 2001 m ReceptIOn No 2001-088572 m the Recorder's Office of Lane County, B The easement IS a vanable Width temporary publIc access easement descnbed on ExhibIts A & B attached hereto and by thIS reference mcorporated herem ("Temporary Pubhc Access Easement" area), AGREEMENT 1 Grantor grants to CIty temporary public access for the purpose of provIdmg vehIcular and pedestnan mgress/egress to the Temporary Pubhc Access Easement area depIcted m ExhibIt B 2 The Temporary Pubhc Access Easement shall expIre upon the acceptance by the Grantee of future pubhc Improvements connectmg the extensIOn of St Joseph Place eastward from RIverBend Dnve to Baldy VieW Lane 3 The Grantor shall be oblIgated to mamtam at ItS own expense SIdewalks and dnveway areas WIth the Temporary Public Access Easement Area for the duratIOn of thIS Easement Mamtenance oblIgatIOns shall mclude penodIc sweepmg of dnveway meas, and keepmg SIdewalk and dnveway surfaces m usable condItIOn DateRecelved '/30 (;;looK Planner AL I FOR GRANTOR FOR GRANTEE/CITY. PeaceHealth ~ ~ City of Springfield By Name TItle Mel Pvne Semor VICe PresIdent By Name TItle STATE OF OREGON ) SS County of Lane ) The foregomg mstrument was acknowledged before me thIs 22nd day of May, 2008, by Mel Pyne as Semor VIce PresIdent of Peace Health, a Washmgton non-profit corporatIOn I'~~~-._-"-'_.~ --. --.-____'lI: ! . OFFICIAL SEAL I' , STELLA Y MC CASE ! NOTARY PUBLIC OREGON , COMMISSION NO 402822 o MY COMMISSION EXPIRES FEB 26, 2010 : ST A T'E-c3T OREt}C)]'T-==="T---=~ ss ~~ \K \i'V\c0.Ct\=v- Notary PublIc for dJgon My CommIsSIOn ExpIres ,~J ~ lrLtJ () County of Lane ) The foregomg mstrument was acknowledged before me thIs day of , 2008, by as of the CIty of, Spnngfield, a mlllllcIpal corporatIOn Olgamzed and eXlstmg under the laws of the State of Oregon Notary Public for Oregon My CommISSIOn ExpIres Date Received. 5/ 3D f;J.OD? . I Planner AL EXHIBIT 'A' Legal DescnptlOn Temporary l'ublIc Access Easement City of SpnngfieId, Lane County, Oregon May 22, 2008 A tract ofland located m the Northeast and Southeast quarters of SectIOn 22 Township 17 South, Range 3 West, IN Illamette Mendlan, CIty of SprIngfield, County of Lane, State of Oregon, bemg a portIOn of the land conveyed to PeaceHealth, a Washmgton Non-plOfit CorporatIOn m the Statutory Wananty Deeds lecOIded on December 31,2001 m Document 2001-088572 m the Recorder's Office of SaId Lane County, more partIcularly descrIbed as follows BEGINNING at a pomt on the easterly 1me of the WIlham M Stevens DonatlOn Land CI31m No 46, TownshIp 17 South, Range 3 West, Wlllamette Mend13n, s31d pomt bemg a pomt of cusp of a 262 00 foot radIUS curve concave southwesterly, from which pomt the center of curve bears South 53026' 13" West, saId pomt bears South 24052 '35" Edst 1131 80 feet from the northeast comer of saId WIlham M Stevens DonatlOn Land CI31m No 46, thence southeasterly 1eavmg S31d easterly hne 53 44 feet along the arc of SaId curve through a central angle of 11041' 12' , thence Sonth 24052'35" East 78 62 feet, thence Nortl1 59037'51" West 7 91 feet, thence North 26000'46" West 15 91 feet, thence Nonh 07035'51" East 7 03 feet to the beglllmng of a 628 50 foot radIUS non-tangent curve concave southwesterly, from whIch pOl11t the center of curve bears South 62043'41" West, thence northwesterly 226 04 feet along the arc of SaId curvc through a central angle of20036'24", thence South 41023 '31" West 5 50 feet to the begInnmg of a 623 00 foot radlllS non-tangent curve concave southwesteIly, from whIch pomt the center of curve bears South 42007' 40" West, thence northwesterly 36 16 feet along the arc of saId curve through a central angle of 03019'33", thence North 51011 '53" West 94 58 feet to the begmnIng of a 273 00 foot radIUS curve concave southwesterly, thence northwestetiy 61 00 feet along the arc of said curve through a central angle of 12048'07", thence North 64000'00" West 21523 feet, thence North 57035'53" West 6348 feet to the begmmng of a 63 00 foot radIUS non- tangent curve concave northwesterly, from WhICh pomt the center of curve bears North 53002'46" West, thence nonherly 31 70 feet along the arc of SaId curve thlOugh a central angle of28049'47" to the beglillllllg of a 57 00 foot radIUS compound curve concave southwesterly, thence northwesterly 6736 feet along the arc of saId curve through a centIal angle of 67042'27", thence South 88016'40" East 68 36 feet to the begmnmg of a 108 00 foot radIUS non-tangent curve concave southwesterly, from which pomt the center of curve bears South 64008'38" West, thence southerly 4336 feet along the arc of SaId curve thlOugh a central angle of 23000'06" to the begInmng of a 58 00 foot radlus reverse curve concave northeasterly, thence southeasterly 61 90 feet along the arc of SaId curve through a centra1aIlgle of 61 008'44", thence South 64000'00" East 18906 feet to the begnmmg of a 316 00 foot radIUS curve concave southwesterly thence southeasterly 70 61 feet along the arc of Said curve through a central angle ofl2048'07", thence South 51011 '53" East 94 58 feet to the begml11ng of a 66600 foot radIUS curve concave southwesterly, thence soulheasterly 3 67 feet along the arc of SaId curve through a central angle of 00018' 58" thence South 24052'35" East 31 04 feet to the begmnlllg of a 312 00 foot radms curve concave northeasterly, thence southeasterly 10205 feet along the arc of sald curve through a central angle of 18044'25" to the begmnmg of a 262 00 foot radIUS reverse curve concave southwesterly, thence southeasterly 32 25 feet along the arc of Said curve through a central angle of 07003 '13" to the True Pomt of Begmnmg Contammg 25,532 square feet (0 586 acres), more or less Date Received Planner AL S-- !.;JD ! '2008' I The basIS of beanngs for thIS descnptlOn IS the beanng between the found monuments markmg the northedst and northwest comers of the Wllham M Stevens DonatIOn Land ClaIm No 46, bemg North 880 ] 6' 40" West, Oregon State Plane COOldmate System (South Zone) All as shown on ExlubIt 'B', attached hereto and by thIS reference made a part hereof I" ", REGISTERED PROFESSIONAL LAND SURVEYOR LM~ ~ REGON ~ ~ 15, 2002 DANNY M DENNING #56640 RlverBend SubdIVIsion S Iplj01000\301140 7S-PlatlDocs\legal de5\30114078 Ace Esmtdoc May 21 2008 Page2of2 !EXPIRES 12-31~Oq Dat~ ReceIved Planner AL 5/50 (:loo 8" I EXHIBIT 'B' ~ \ "lr:: CORNER OF WILLIAM M \ STEVENS DLC NO 46 , \ , \ \ \ \ \ \ S24'5235 E 3104 i$> /j~ '"<0''' <t* / <5'~ ./, "'<5' <5'./ tp .5' .5'0 \ "'\ ~\~ " " ~ ~ ~~ <J' 90\", 0\'- (> ~\~ ..-'.... ~\~ O\<g ,,\ 0'\ , \ I CURVE TABLE I CURVE I LENGTH I RADIUS Cl 15344 26200 I C2 226 04' 628 SO' I C3 36 16' 62300 I C4 6100 27300 I C9 70 61 316 00 I cia I 167 66600 I Cl] 11020513]200 I C 12 1 32 25 I 262 00' I I DELTA I 11 '41 ]2' 1 20'3624 1 03'1933 I 12'4807' I 12'4807 I 00'1858' 18'4425' 1 07'0313 I Date Received Planner AL N07'3551 E 703' PLAT TO ACCOMPANY LEGAL DESCRIPTION 301l40-PUBL-'\CC-ESMT I1!I1'I"'D Corwuftina E~ 1/i1,;1,/111t1 8 W Fifth Annue .... 250. PorUand, O"'lJOtl "1204- 6Oa-227~2lS1 IDATL OS/22/08 TEMPORARY PUBLIC ACCESS EASEMENT ISCA.E I 050 PEACEHEALTH I CO'TIQUR Ii'<TERVAL N/A RIVERBEf'1D SUBDIVISION jPROJCCT>'C) 30114078 SPRINGFIJ:LD, lANE cout'. TI, OREGON I SHceT 1 OF 2 EXHIBIT 'B S88'I640'E "\ 68 36 ~ ",/ oQ'i'~ S%:o\t-\' \'-t- / "+ -"f", ",,,-0.;> "16~...:z0 ,s6~ "DO 1{l9 00 e <S , 00, '03< ,sO 1v01,OOO Pr (0 S{I <IS 0 l{? 0-10 <3 '<e,s 'J", - I CURVE TABLE I CURVE I LENGTH I RADIUS I C4 61 00' I 273 00 C5 31 70 I 63 00 C6 67 36 I 5700' C7 43 36 108 00 CB 61 90 58 00 C9 7061' 31600 DELTA 12'48 07 28'49 47 67'4227" 23'0006 61 '0844 12'48'07 Date Received Planner AL S-/30 (:loo9 / PLAT TO ACCOMPANY LEGAL DESCRIPTIOI'< 301140 PUBL-ACC-CSMT ~c~n~;h~ III.MiIIJM 111 8 W RRb A.VII'lIJe ..... 2500 Por~ O~n 1720. 503-2274251 I DATE OS/22/08 TEMPORARY PUBLIC ACCESS EASEMENT ISCALC l 0 so PEACEHEALTH !CONTOUR INTERVAL NjA RfVERBCND SVBDlVlS10r-. 1 ROJECT 1,0 30114078 SPRINGfIELD, LANe COUNTY OREGON I.sH~ET 2 O~ 2 ~1116 'HEW COpy PUBLIC WAY USE AGREEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washmgton non- profit corporatIOn, heremafter referred to as "Grantee, and the CITY OF SPRINGFIELD, a mUl1lclpal corporation orgal1lzed and eXlstmg under the laws of the State of Oregon, heremafteI referred to as "Grantor" or "Clty " WITNESSETH SectIOn 1 DefimtlOns Secl10n I I As used m thlS Agreement, all words and phrases shall have thelr customary usage and meanmg, provIded, however, that the terms defined m SectIOn 4 600 of the Sprmgfield MUl1lClpal Code shall have the meal1lng set forth therem, and the followmg terms shall be defined as follows SectIOn 1 I 1 "CIty" shall mean the CIty of Spnngfield and all areas wlthmlts corporate boundaries, mcludmg as those boundanes may be changed from tIme to tIme m the future SectIon I 1 2 "Councll" shall mean the common councIl of CIty as set forth m Arl1cle III of the Spnngfield Charter SectIOn I I 3 "Person" shallmclude an mdlvldual, corporatlOn, assocJatlOn, firm, or any other busmess entIty havmg the legal authonty to do busmess wlthm the state of Oregon Secl10n I 2 As used herem, the smgular number may mclude the plural and the plural number shallmclude the smgular SectIOn I 3 Unless expressly provlded to the contrary herem or m the SpnngfieJd Munlclpal Code, any actIOn authonzed or reqUIred to be taken by City pursuant to thiS Agreement may be taken by the Councll or by the CIty Manager or any offiCIal or agent deslgnated by the Councll or the CIty Manager SectIOn 2 RI!!hts Granted SectIOn 2 I Grantor hereby grants to Grantee the nght to use the pubhc way deSignated as St Joseph Place as shown on the RIverBend Phase II plat recorded ("Pubhc Way") SectIOn 2 2 Subject to the condItIOns and reservatIOns set forth herem, and the provlsIOns of the Spnngfield MUl1lcIpal Code, CIty grants to Grantee the nght, pnvllege and power to construct, use and mamtam a pnvate dnve and sldewalks ("FacIhl1es") on the Pubhc Way and further grants Grantee all other nghts, pnvIleges and powers necessary or mCldent to the use, constructIOn and mamtenance of such Faclhl1es PUBLIC WAY USE AGREEMENT - 1 Date Received s;- / 'lo l;)v 0 g Planner AL I I Page I of 5 SectIOn 2 3 The nghts granted herem shall not confer on Grantee any nght, lItle or mterest m any PublIc Way beyond that expressly conferred by the provlslOns of thIs SectlOn 2, nor shall It confer any nght or pnvllege to use or occupy any other property of Clty or any other enhty SectIOn 3 Reserved RI!!hts Sechon 3 1 CIty reserves the nght, without lImitatIOn, to SectIOn 3 I I construct, mstall, mamtam and operate any publIc Improvement, work or facllIty m, on, over or under the Pubhc Way, SectIOn 3 I 2 perform or authonze or direct the performance of any work that Clty may find deSIrable or convel1lent m, on, over or under any PublIc Way, or SectIOn 3 I 3 vacate, alter, or close any Pubhc Way SectIOn 3 2 Whenever City shall perform or cause or permIt to be performed, any work m the PublIc Way or the vlcmlty of the Pubhc Way where such work may dlsturb or mterfere wlth the FaCllItles, Clty shall, or shall reqUlre Its permlttee, to nohfy, m wntmg, Grantee sufficlentIy m advance of such contemplated work to enable Grantee to take such measures, mcludmg removal or relocahon of such FacllIhes, as may be deemed necessary to protect such FacIlIhes, at Its own expense SectIOn 33 Whenever Clty shall vacate any PublIc Ways for the convel1lence or benefit of any person or governmental agency and mstrumentahty other than CIty, Grantee s nghts shall be preserved as to any of Its FacllIlIes then eXlstmg m such Pubhc Way SectIOn 4 Care of FacIlitIes SectlOn 4 I The FaCllIhes shall at all hmes be mamtamed and operated m a safe, substantIal and workmanlIke manner SectIOn 4 2 For the purpose of carrymg out the proVIsIOns OfthlS sectIOn, Clty may provIde such speclficahons relatmg thereto as may be necessary or convel1lent for fhe publIc health, safety and welfare, or for the orderly development of Clty Clty may amend and add to such spec1ficatlOns from tIme to hme SectIOn 5 ActIVItIes III the Public Wav SectIOn 5 1 Grantee shall obtam such permlts as may be reqUlred by law pnor to commencmg the construchon, extensIOn or relocatlOn of any of ItS FaCIlItIes m the PublIc Way Sechon 5 2 Pnor to commencmg any constructIOn, extenslOn or relocatIOn ofFacllIhes m the PublIc Way, Grantee shall file drawmgs, m such form as may be acceptable to the CIty Engmeer, showmg the locahon of eXlstmg facllIl1es and facllIhes to be constructed, mamtamed, or relocated Followmg completIOn of such constructIOn, extensIOn, or relocatIon, Grantee shall file drawmgs and maps, m such form as may be acceptable to the CIty Engmeer, showmg the FaClhhes as actually constructed, extended, or relocated PUBLIC WAY USE AGREEMENT - 2 Date t(6celved Planner AL ~/3D (.;1008' / f Page 2 of 5 Section 5 3 Except m an emergency, Grantee shall make no excavatIon, openmg, or other mtrusIOn mto the PublIc Way wIthout havll1g first obtamed such pernl1t as may be required by law Seclion 5 4 In performmg all work m the PublIc Way, Grantee shall, at all tImes, conduct such work m 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 openmg, excavatIon or other mtruslon mto the PublIc Way, Grantee shall promptly restore the PublIc Way to the SaIne condItIOn m whIch It was pnor to the openmg, excavatIon or mtruslOn, all m accordance with Clty Standard ConstructIon SpeclficatlOns as then m effect, provlded, 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 m 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, m addItIOn, pay a penalty equal to two tImes the full cost of such restoratIon I SectIOn 6 Safety Standards and Work SDecIlicatlOns SectIOn 6 I The FacIlllles of Grantee shall at allllmes be mamtamed m a safe, substanllal and workmanlrke manner SectIon 6 2 For the purpose of carrymg out the provISions of this sectIOn, CIty may provide such speClficatlOns relatmg thereto as may be necessary or convement for publIc safety or fhe orderly development of Clty CIty may amend and add to such speclficatIOns from llme to tIme SectIOn 7 IndemmficatlOn and Insurance SectIon 7 1 Grantee shall defend, mdemmfy and hold harmless City, Its agents, servants and employees from and agamst all claIms, demands and Judgments (mcludmg attorney fees) made or recovered agamst them mcludmg but not lrmHed to damages to real or tangible personal property or for bodIly mJury or death to any person, ansmg out of, or 111 connectIOn wIth thIS Agreement, to the extent of such damage, mJury or death IS caused or sustamed m connectIOn wHh the performance by Grantee or ItS employees, servants or agents SectIon 7 2 Grantee wIll, at all times, carry a Commercial General LJabIlHy msurance polIcy for at least $1,000,000 combmed smgle lrmlts per occurrence and at least $2,000,000 111 the aggregate, for BodIly Injury, Property Damage, and Personal Injury CIty, ItS agents, employees and offiCials all whIle act111g wIthm theIr offiCIal capacIty as such, shall be named as an add1ll0nal 111sured on the polrcy of msurance A current PUBLIC WAY USE AGREEMENT - 3 Date Received. s-,13<>,I 200 i Planner AL Page 3 of 5 certIficate ofmsurance eVldencmg any polIcIes reqUIred by thIS Agreement shall be on file WIth Clty at all tunes A 3D-day notlce of cancellatIon clause shall be mcluded m said certificate Clty has the nght to reject any certificate for unacceptable coverage and/or compames SectIOn 8 Assnmment of Ru.'hts SectIOn 8 I Except as provIded m this sectIOn, Grantee shall not assign or otherwise transfer this Agreement or all or any portion of ItS nghts or obligatIons hereunder to any entIty, except an entIty wholly owned by Grantee or by any parent of Grantee, WIthout the pnor wntten consent of City, whlch consent shall not be unreasonably WIthheld or delayed Grantee shall gIve CIty not less than thIrty (30) days' wntten notIce of any such transfer or assIgnment For the purpose of determmmg whether or not It will consent to such transfer or aSSIgnment, Clty may, wlthm thlrty (30) days of recelvmg notlce of the proposed transfer or aSSIgnment, conduct a reVlew of the financial or techmcal abIlIty of the proposed transferee or assIgnee SectIOn 8 2 ThIs Agreement and each of the partIes respectIve nghts and obligations under thlS Agreement, shall be bmdmg upon, and mure to the benefit of, the partles hereto and each of theIr successors and assIgns SectIOn 9 TermmatlOn of A!!reement SectIOn 9 I ThiS Agreement shall termmate at such tIme as City constructs a public roadway on the PublIc Way SectIOn 9 2 Upon the fallure of Grantee, after SIxty (60) days' notIce and demand m wntmg, to perform promptly and completely each and every term, condItion or obligatIOn lmposed upon lt under or pursuant to thiS Agreement, CIty may termmate thiS Agreement SectIOn 10 Remedies SectIOn 10 I All remedles and penalties under thlS Agreement, mcludmg termmatlOn of the Agreement, are cumulatlVe, 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 penaltles contamed m thIS Agreement, mcludmg tenmnatlon of the Agreement, are not exclusIve, and CIty reserves the nght to enforce the prOVISIOns of any ordmance or resolutIOn and to avallltself of any and all remedles available at law or m eqmty Failure to enforce shall not be construed as a walver of a breach of any term, condItIOn or obligatIOn Imposed upon Grantee by or pursuant to thIS Agreement A specIfic Waiver of a partlcular breach of any term, condItIOn or obligatIon Imposed upon Grdntee by or pursuant to thiS Agreement shall not be a waiver of any other or subsequent or future breach of the same or of dny other term, condItIOn or oblIgation, or a Waiver of the teml, condltIon or obligatIOn Itself SectIOn 11 ComDlete A!!reement Date Received ~ / 30 !~()Cg Planner AL I PUBLIC WAY USE AGREEMENT - 4 Page 4 of 5 SectIOn II I ThlS Agreement represents the whole agreement between the parties and shall supersede all other agreements and understandmgs, whether oral or m wntmg, between the partles with respect to the subjects covered by thIS Agreement ThIS Agreement may not be modIfied excepf by a wntmg executed by both partIes to the Agreement IN WITNESS WHEREOF, the parties, by thelr duly deslgnated representatives have executed thlS Agreement as ofthls~ day of ~d ,2008 FOR GRANTEE FOR CITY PeaceHealth \ City of Spnngfield By Name TItle ~ By Name Tltle Mel Pvne Semor Vice Presldent STATE OF OREGON ) ss County of Lane ) The foregomg mstrument was acknowledged before me thIS nnd day of May, 2008, by Mel Pyne as Semor Vlce Presldent ofPea~eHea1th, a Washmgton non-profit corporatIOn : 18&'-"'''''~~~~-SSSS11 ~m0-- ~ \'Y'CQcvb-c f ~ STELLA Y Me CABE (' ~ NOTARY 'dBlICOREGON 1') NotaryPubhc for egon . rOrJiMk,,,'ClN 1'10 402822 ~l My CommlSSIOn Explres ~ \-9-(0 II 0 J MY COMMISS!,)N E' Q,r;:ES t::E8 26 20101 I I ST A Tb-~GON'ss~J'>-=-':"'~-".,,; SS County of Lane ) The foregomg mstrurnent was acknowledged before me thIS' day of 2008, by as of the Clty of Spnngfield, a mumclpal corporatIOn organIzed and eXlstmg under the law of the State of 01 egon Notary Pubhc for Oregon My CommIssIOn Explres Date Received ,,- /31> {:bot: , Planner AL PUBLIC WAY USE AGREEMENT - 5 Page 5 of 5 ,- RIEVDEW COpy 4fter recordmg, please return to CIty of Spnngfield 225 FIfth Street Spnngfield, OR 97477 Attn Demus Ernst, CIty SnrveyOl PUBLIC TRAIL EASEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH a Waslungton non- profit corporatlOn, helemafteI refeIred to as "Grantor," and the CITY OF SPRINGFIELD a mUIllclpal LOlporatlOn orgaruzed and cXlstrng under the laws of the State of Oregon, heremafter referred to as "Grantee" or "CIty" RECITALS A. GrantOl owns the real property descnbed as Parcell ofPartJtlOn Plat No 2002-P1627, filed as County Survey No 37813 m the office of the LaIle County Surveyor, recorded d~ ReceptIOn No 2002-095796, Lane County Deed Records ("Grantor's Property"), B As a condJtlOn of the tentatIve subd,vlslOn approval (CondJtlOn #29 of SUB2005-000l2), Grantor IS oblIgated to grant Grantee a publIc trail easement under the terms contamed herem, C The easement lS a 30-foot-wIde publIc trail easement descnbed on Exhibit A and -Exhibit B attached hereto and by tillS reference mcorporated herem ("Game Farm Road South- TraIl"), AGREEMENT 1 Grantor grants to City a perpetual non-excluslve publIc traIl eaqement on the Game Fann Road South Tim] 2 The Game Farm Road South TraIl shall be avallable for the publIc to use as a multI-use path 3 The Game Farm Road South Trall shall be repaIred and mamtamed by the parttes m accordance WIth SectIOn 5 of the DeclaratIOn of Access and MaIntenance Agreement for PublIc Landscape Areas, PublIc Accessways and Paths, and Open PublIc Storm Dramage Systems m Order to Comply WIth CondItion 21, CondltJons of Approval, RlVerBend SubdlVlslOn TentatJve Plan SUB 2005-00012 of the CIty of Spnngfield dated May] 0, 2005, and recorded on May 10 2006, ReceptIOn No 2006-032093 PUBLIC TRAIL EASEMENT - 1 Date Received rh", / ;Zoo 'il: Planner At I I , By Name Title Mel Pvne Senlor Vlce Presldent FOR GRANTEE/CITY THE CONVEYANCE set forth 111 tillS mstrument conveYIng tJtle or Interest to the CIty of SprIngfield a MunIcIpal CorporatIOn of the State of Oregon, 1S hereby approved, and the tItle or mterest conveyed thereIn IS hereby accepted CI fY OF SPRINGFIELD By Demus P Ernst - CIty of Spnngfield Surveyor STATE OF OREGON ) ss County of Lane ) The foregomg mstrument was aoknowledged Ma~ ,2008, by Mel pyne PeaceHealth a WashIngton non-profit corporanon before me tins 22nd day of as Sen10r V1ce PreS1denlif r('" .'-'--~'...:....y.&.7":~---- -::: _ -:: l I. OFFIC]Al SEAl II STELLA Y MC CASE ~ ! ' 'NOTARY PUBLIC OREGON , , COMMI~SION NO 402822 I LM.:~<:M~~I2,~~(P-'RES FEB 26,2010, ""'''" - -,...:.-........:;~..~_._-_.--~ ~ U- \I\"0y(10b.e- Notary Publ1c for ~egon My ComrmsslOn ExpIres a\.41Q1 \'0 , f STATE OF OREGON ) ss County of Lane ) The foregomg 1l1strument was acknowledged before me thIS day of , 2008, by as of the Clly of Spnngfield, a mUl1lclpal corporatIOn organIzed dlld eXIstIng under the laws of the State of Oregon Notary PublIc for Oregon My CommIsslOn Explres PUBLIC TRAIL EASEMENT - 2 Date Received._X/.::J~/ .2DO 3' Planner AL EXHIBIT 'A' Legal Description Public Trail Easement City of Springfield, Lane County, Oregon May 22, 2008 A tract ofland located ill the Northeast and Southeast quarters of SectIon 22, Townshlp 17 South, Range 3 West, Wll1amette MendIan, CIty ofSprmgfield, County of Lane, State of Oregon, bemg a portlOn of Parcel I ofPartltlOn Plat No 2002-PI627, filed as County Survey No 37813 ill the office of the Lane County Surveyor, recorded as ReceptIon No 2002,095796, Lane County Deed Records, more particularly descnbed as follows BEGINNING at the southwest corner of SaId Parcel I of saId PartItIOn Plat No 2002.P1627 SaId pOlllt bemg further descnbed as a pOlllt on the easterly nght-of-way Ime of Game Fann Road S (County Road No 3), thence along Said easterly nght-of-way lme North 01007'36" West 371 14 feet to the north Ime of SaId Parcel I, thence leavlllg SaId easterly nght-of-way Ime along said north hne South 88016'40" East 30 04 feet to a pomt on a Ime lymg 30 00 feet easterly of and parallel WIth, when measured at nght angles to, SaId easterly nght-of-way Ime of Game Farm Road S , thence along saId parallel1me South 01007'36" East 371 14 feet to a pomt on the southerly 11l1e of SaId Parcel I, thence along SaId southelIy Ime North 88016'41" West 30 04 feet to Pomt of Begmmng 'Contammg 11,134 square feet (0 256 acres), more or less The basls of beanngs fOI tlus descnptIon IS the beanng between the found monuments markIng the northeast and northwest comers of the Wllllanl M Stevens DonatIon Land ClaIm No 46, bemg North 88016' 40" West, Oregon State Plane Coordmate System (South Zone) All as shown on Exlublt 'B', attached hereto and by tlus reference made a part hereof f , REGISTERED PROFESSIONAL LAND SURVEYOR tfl~ #'l !{le.Mv 4"t~ OREGON V AN 15,2002 DANNY M DENNING #56640 I eXPIRES 12-- 3/-0Q I Date ReceIved Planner AL sf.:JO /::>0<>S/ , -l ~S< "'r-' ::0 -l I / '" TAX LOT 1912 LOT 12 TAX LOT 1913 LOT 13 I TAX LOT 2000 p ;po ;s:: "I t'J s ~ ~ :::a :;: :;:: " ::<l CI (fJ I I I \- EXHIBIT 'B' S88'I640 E . 3004' . W -I> Z ~ en o 0 ~ d ~ ~ --;; ....'"4_.......S .... W 0..... w .:. ~ !>:l ~ 0'1 :E ~ t1 :> [) " '" !!J 1+ PARCEL 1 1 68 ACRES PARTITION PLAT NO 2002-P1627 - 3000 - 3004 \N88'1641'W ~ SW CORNER OF PARCEL 1 POINT OF BEGINNING Date ReceIved 5 / ~D / ::2oof( / Planner AL PLAT TO ACCOMPANY LEGAL DESCRIPTION f1!I'tFn .......... .,-. "'-"M mBW' F!fItJA_ .....2lIlIO PortIsDd., Or"lPl 07204 503-Uf..u&t PUBLIC TRAIL EASEMENT PEACEHEALTH RIVERBEND SIJBDMSION SPRINGFIELD, LANE COIJNTY, OREGON PARCEL 2 2 32 ACRES NBSOl640 W 42760 30 1140-PUBL- TRAI-ESMT I DATE OS/22/08 ISCALC I .. 50 ) CONTOUR INTERVAL N/A i PROJECT NO 30114078 ISHEE! 1 OF 1 After recordmg, please return to WIllamalane Park and RecreatIon Dlstnct 250 S 32nd Street Spnngfield, OR 97478 Attn Bob Keefer ~EV~EW COPY PUBLIC TRAIL EASEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washll1gton non- profit corporatlOn, heremafter referred to as "Grantor," and WILLAMALANE, a speclal purpose park and recreatlOn dlstnct duly formed under the laws of the State of OIegon, heremafter referred to as "Grantee" REClT ALS A As a condItlOn of the tentatlve subdIVlslOn approval (CondItion #26 of SUB2005-000l2), Grantor IS oblIgated to grant Grantee a publIc trail easement under the terms contamed herem, B. Grantor owns Lot 9 as shown on the plat for RlverBend Phase 2, recorded m the officIal records of Lane County on ,ReceptIOn No ("Plat"), C The path IS referred to on the Plat as part of the Rlverslde Trml, D. The portion of fhe RiverSide TrmI located on Grantor's Property has not been constructed, E The parties shall agree upon the exact locatIOn of the portIOn of the Rlverslde Trml to be located on Grantor's Property and shall amend thlS Easement to provlde the legal descnptIon of the actuaIlocatlOn of the RIverSide Trm] on Grantor's Property AGREEMENT 1 Grantor grants to Grantee a perpetual non-exclusIve 25-foot publIc trml easement on that portIOn of Grantor's Property mutually agreed upon by Grantor and Grantee 2 The RlverSlde Trml shall be avaIlable for the publIc to use as a multI-use path 3 When the locatIOn of the RlverSlde 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 fo the same specificatIOns as the developed portIOn of the RlverSlde TraIl 4. The Rlverslde Trml shall be repmred and mamtamed by the parties m accordance with Section 5 of the DeclaratIon of Access and Mamtenance Agreement for PublIc Landscape Areas, PublIc Accessways and Paths, and Open PublIc Storm Dram age Systems m Order to PUBLIC TRAIL EASEMENT - I Date Received Planner AL '/3<> (:J;:,D9f I Comply wIth CondItIon 21, CondltlOns of ApplOval, RlverBend SubdIvISIon TentatIve Plan SUB 2005-00012, of the Clty of Spnngfield dated May 10, 2005, and recorded on May 10, 2006, ReceptlOn No 2006-032093 FOR GRANTOR FOR GRANTEE PeaceHealth WtlIamaIane By Name TItle Mel Pvne Semor VIce PreSident B~,,-f~ \C..-L Name Q. bAr~ \N I~~___ TItle S.......D~(""I..r~. . ~ STATE OF OREGON ) SS County of Lane ) The foregomg mstrument was acknowledged before me thiS 22nd day of May, 2008, by Mel Pyrte as Sem.<;>r VI_ce PreSIdent of Peace Health, a Washmgton non-profit corporatIOn ~--_._~~~,,-,-~ I OFFICIAL SEAL ',,; Clb.-,,,m ~ (\ 1\ C \ STELLA Y MC CASE f' ~ I!J)&CC \ ~ ~ Y ICI D QJL NOTARY ~IJBLlC OREGON . . COMI",~,>ION NO 402822 J Notary PublIc for regon ,-~~~~!:'~~~.~t~~~!~6~~ My CommlsslOn Explres Q\ qlo 110 STATE OF OREGON ) , ss County of Lane ) The foregomg mstrument was acknowledged before me thlS .J ~ day' of '{()0vwI ,2008, by 'Bu1r ~\(~,w,,\ as ~l~ of W1l1a~lane, an Oregon Ften :p~(.dit e8rpAJ.~h n 01b,;.u~1.6~J uaJ CXi.:llu1cs under the laws of the State of Oreaon .sf~G,.1 P~-f>.k. p.o._I<...~ r"v'''T'''', 4."t,..t ....1'1 ~or -nc.L tr'- e [t- --~"~2~-","'"_"_",,,,,,,,," ~ OFFICIAL SEAL MUSETTA DIXON NOTARY PUBUC-DREGON i COMMISSION NO 415118 ~- ~COMMIS3IQN EXPIRES MAR 27,2011 -- - - ~ ---~ ~ .:': '- '~'.3:''':::' ~-'... ~ (', \Ju,,~ Notary PublIc for Oregoti ! I My CommlsslOn ExpIres 3 Q 1 {I PUBLIC TRAIL EASEMENT - 2 Date ReceIVed . Planner AL 5/"30 I Zeol?' lI'1lEVBEW COP)f IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) I 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 Corporalion, 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 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, coordlnatron, 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) 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 constructron of such Improvements IS w]thln the sole and exclUSive direction of the City 6 (a) STREET IMPROVEMENTS along the frontage of Deadmond Ferry Road to Include [g] surface paving, [g] storm sewers, [g] sanitary sewers, [g] curbs, [g] gutters, [g] planter stripS, [g] street trees, [g] street lights, [g] Sidewalks (Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of3 Date Received ,; / 311 ~.. 3' , , Planner AL (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 Lot 9 of 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 conslderat]on 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 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 deSCribed In Section 7 Page2013 Date Received. ~ JJo /:Ji>D i Planner AL . WHEREFORE, the partle3Jlave hereunto set their hand this day of May ~/ ./ // , 20~ ~~~ 22nd PEACEHEALTH (SEAL) Senl0r Vlce Presldent (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF Lar e } 55 BE IT REMEMBERED that on this 22nd day of May ,200~before me, the undersigned, a notary public In and for said County and Slate, personally appeared the within named Me] Pyne whose Identity was proved to me on the basIs of satisfactory eVidence and who by me duly sworn, did say that he Is/~rf! the Semor V1ce Pres1dent of PeaceHealth 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 :f~S,--~~--,_"~...::....~ ':'=-::;__':"=>-:=;:~) ! . OFFICIAL SEAL ~ , . , , STELLA Y MC CASE Ii I N01 ARY ,'UBlIC OREGON COMM'hION NO 402822 r~"Mf.9~~IS!~ ~~S.~t'!.:.6_ ~1~1 ~Wvx. IJ \1\"(',00 \'Y- Notary PubllGJnr 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 salisfactory 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 .- /lp /.20OIf Planner AL I" Page3of3 REVIEW COpy 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 SUB2006-00044 I I CONDITIONS(S) #6 I IN CONSIDERATION of the covenants herein recited, the City of Spnngfleld, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Applicant(s), do covenant, and agree with respect to the real property descnbed below as follows 1 Applicant warrants and represents to the City of Spnngfleld that It IS the owner of the property more particularly descnbed and set forth In Paragraph 7 below and, as owner, has the authonty to enter Into this Improvement Agreement with the City of Spnngfleld 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 vanous 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 dlstnct wide Improvement mechanism where construction occurs In a coordinated project with the partiCipation of adjacent and other properties In the area, Instead of requlnng Immediate Improvement In conjunction with each development applicalion There IS no guarantee, however, that such a coordinated project will be pOSSible and the City reserves the nght 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 descnbed In Paragraph 6 In accordance with respective cost assumption policy established by City at the lime 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 presentfy 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 [gJ surface paving, [gJ storm sewers, 0 sanitary sewers, [gJ curbs, [gJ gutters, o planter stnps, [gJ street trees, [gJ street lights, [gJ Sidewalks (Bar Code Slicker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 013 Date Received. ~~l3D,I ;IooS; Planner: AL (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 appropnate City codes and ordinances Applicant acknowledges that It understands that the Improvements made will be those required to bnng 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 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 nght 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 cond]tlon 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 nght to file a written remonstration It does not waive a property owner's nght to comment on the proposed dlstnct 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 descnbed, 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 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 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 pnor 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 pnor 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 Page2of3 Date Received s' /30 /.:100 '1t Planner AL / WHEREFORE, the pa~ave heJeynto set their hand this day of May / /, ,/ /' /' ,20L /~~ 22nd (SEAL) PEACEHEALTH Serlor Vlce President (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF Lane } 55 BE IT REMEMBERED that on this 22nd day of me, the undersigned, a notary public In and tor appeared the within named Mel Pyne whose Identity was proved to me on the baSIS of salisfactory eVidence and who by me duly sworn, did say that he Is/iilVE1the Semor Vlce Presldent of PeaceHealth 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 May ,200~before said County and State, personally IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written '''''.!>'~~'''""'- '.--- '~--~-'-!' t. OFFICIAL SEAL , STELLA Y MC CASE I ' NOTARY ,'UBLIC OREGON COMMlfSION NO 402622 ~ MY COMMISSION EXPIRES FEB 26, 2010 ...~__ _-__'.:.:=--.: o~_~ ..;.~~~....."""_.___, ~QQ \j. XY\cC'ob~ Notary Public fg)- 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 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 Page3of3 Date Received. ~/&/.;;oDg Planner AL r REV~EW COPY 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 I CONDITIONS(S) #7 and #34 1#10 IN CONSIDERATION of the covenants herein recited, the City of Spnngfleld, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Applicant(s), do covenant, and agree with respect to the real property descnbed below as follows 1 Appllcant(s) warrants and represents to the City of Spnngfleld that It IS the owner of the property more particularly descnbed and set forth In Paragraph 7 below and, as owner, has the authonty to enter Into this Improvement Agreement with the City of Spnngfleld 2 Applicant(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 vanous 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 dlstnct 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 nght to require construclion 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 descnbed 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 east property line of Lot 8 to Include [8J surface paving, [8J storm sewers, [8J sanitary sewers, [8J curbs, [8J gutters, [8J planter stnps, [8J street trees, [8J street lights, [8J Sidewalks (Bar Code StICker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of3 Date Hecelved r/30 /2vc> 8' Planner: AL (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 bnng 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 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 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 nght to file a written remonstration It does not waive a property owner's right to comment on the proposed d]strlct 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 descnbed, 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 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 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 deSCribed In Section 7 Page2of3 , Date Received Planner AL 1$D!:J.o08' , .. , WHEREFORE, the pa~ have hereunto set their hand this day of May ~ / /// , 20~ ~~ 22nd (SEAL) PEACEHEALTH Senlor Vlce (TITLE) Presldent \ (SEAL) (TITLE) STATE OF OREGON COUNTY OF La!'-. } 55 BE IT REMEMBERED that on this 22nd day of me, the undersigned, a notary public In and for appeared the within named Mel Pyne whose Identity was prove<;J to me on the baSIS of satisfactory eVidence and who by me duly sworn, did say that he Is/a'r.e' the Semar Vlce Presldent of PeaceHealth 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 authonty of ItS Board of Directors May ,200~efore said County and State, personally IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal the day and year last above wntten [j=-Q.-~'~" ---.,. "''- -" - ---~~'.-----1 . OFFICIAL SEAl STELLA Y MC CASE , NOTARY PUBLIC OREGON I COMM/I'SION NO 402822 I MY COMMIS~,)N EXPIRES FEB 26, 2010 I ~~~>;e.~~~~~~-_ __ __ . CITY OF SPRINGFIELD 9hwOct \J- ~,QO\Q.IL.- Notary Public tW Oregon 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 wntten Notary Public for Oregon Page3of3 Date Received s/.'la {;;loof{ Planner Al " :val For Final Plat Submission/Transmitt For Final Plat Submission/Transmittal (TO PLANNING) Name of Plat: Riverbend, Phase II I have checked through submitted documents, and the folloWIng have been submItted / 'S,C)"ed? [g Mylar of plat (and bond copy for PlannIng) . v/ IT)2) BargaIn & Sale Deeds (R 0 W ) v" n' (3) Improvement Agreements v" ff(2) PublIc Trml Easements ../" GY'Temporary PublIc Access Easement / ~PublIcWayUseAgreement (rJo~ ~;~...eJ by C,'f''f. lIeedj rev,~~.I>."C,t'f ;';#'1) ~eurrent Tlt1e Report ~ A coPy oj each of the prevIOus {or Planmng These documents are the only ones the Survey DIVISIOn reqUlres for the FInal Plat submlSSlOn and filIng S'_IY~~ City InstructIOns ThIS fann IS to a("company the plat and the <;upportmg document~ to th<.. Public Works Department of the City ot Spnngticld at the tune of findl plat ~ubmlttal The purpose IS pnmanly to notIfy the plannmg office that the Surveymg DlvlslOn ha~ n..,(,.clved all the documents It reqUire,> for final plat submIttal County InstructIOns ThiS tonn I~ to au,ornpany the plat and the :-.upportmg documents to the Lane County Surveyor's OffiLe at the time of findl ~ubmJttal tor recording The purpmc IS pnmanly to notify that otfic"e of whKh Item.... need to be rewrded :-.nnultaneously With the plat, but 11 al....o Sc"rvc,,~ to remmd the developer/surveyor that these document.;; need to be mcludcd In the final submittal package to the County Surveyor Date Received s./3~!- .>00":_ Planner AL V \SURVEy\Plat Drawmgs\Cogo'd Dmwlng::. & LLltLrs\SubdlVlslOo::._on plat BOB _ & RVICW commcnts\Rlvcrbeod\plat submittal Imn::.mlltal to planmng dOL BARGAIN AND SALE DEED Tax Map & Lot Numbers 17 -03-22 (on the date of execution) KNOW ALL BY THESE PRESENTS, that the CIty of Springfield, a municipal corporatIon, In Lane County, Oregon, Grantor, In ConsIderatIon of the acceptance by Peace Health, a WashIngton nonprofit corporation, Grantee, Grantor actIng by and through ItS CIty Manager authorized by ItS CIty Council, hereby grants, bargaIns, sells and conveys unto the saId Grantee, Its successors and assIgns, all the follOWing real property, with the tenements, hereditaments and appurtenances, situated In the County of Lane and State of Oregon, desCribed as follows SEE ATTACHED EXHIBIT A TO HAVE AND HOLD, the above desCribed and granted premises unto the saId Grantee, ItS successors and assIgns forever THE TRUE CONSIDERATION for thIS conveyance IS other than monetary APPROVED this 28th, day of Mav ,2001L- by the CIty Manager of the City of SpringfIeld beIng duly authorized by the CIty CounCil to represent the City of Springfield In the above matter ~ (~ ' , , ,r ~ ~~ Gnm Al-ut--=C~ ~~AGER Jeff Towery (Actlng) tftw itw- ~'" . AMY SOWA-tJITY RECORDER ' ~~'l\\Sw\Sc. j'\N'" ?\,,\""\"t()u~ l"'" "" ,"On M ---r- - \"-""'c"\) .....:> .......'<- ~ \"""< ...."Dt>~t->~ c~coZ- ~ ;-' <;;1,., 1<::>" BE IT REMEMBERED that on this 28th day of Mav ,200R before me, the underSigned, a notary public In and for said County and State, personally appeared the withIn named Sw IOwer~6",,,, 0, """,;.,;, whose Identity wC8~p'[.Ilved to me on the basIs of satisfactory eVidence and who by me duly sworn, did say that he IS th'e!irCiTt Manager of the WIthin named mUnICipal corporation and does acknowledge said Instrument to be the free act and deed of saId mUnICipal corporation, and that the seal affIxed to said Instrument IS the Corporate seal of said mUnICipal corporatIon, and that said Instrument was Signed and sealed In behalf of saId mUnICIpal corporation by authOrity of ItS City CounCIl I. STATE OF OREGON COUNTY OF LANE } SS IN TESTIMONY WHEREOF, I have hereunto set my hand and affIxed my offiCial seal the day and year last above written _ _ _ ~-~ .-~.- ..::::.;::::..:.::::::::::.-::::r_ -- ~:- ---I i OFFICIAL SEAL 1(1) AMVLSOWA 1 NOTARY PUBLIC OREGON COMM]SSION NO 397942 ~ ~ ~ _ _ .~~ C?M!:II~S~~~~ov 22 :OO! ~::IL~:if:;;GON Ik;;?';;'~,)otJq MY COMMISSION EXPIRES THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 D.v.s.on of Ch.ef Deputy Clerk Lane County Deeds and Records 200~.029D33 /I" 111111/1/11/111/1/111 "" I/' "/111111111/ $51. 00 109993~12~18002963300600j2 OS/28/2008 10:54:58 AM RPR-DEED Cnl=l Sln=6 CASHIER 07 $30 00 $11 00 $10 00 Date Received Planner AL d3D (:Joo It I I RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 C \Documenl~ end Settlllgs\erns8365\Local SeUmgs\ I emporary Internet FlIes\OLK6\Deed frum the City 10 Pence Health for R W along MLK Rev doc ReVISED May 2005 EXHIBIT A Legal DescriptIOn Pioneer Parkway Extension & Cardmal Way Vacation CIty of Sprmgfield, Lane County, Oregon May 15, 2008 That certam tract ofland dcscnbed m Bargam and Sale Deed recOlded June 06, 2003 as Recephon Number 2003-053912, Lanc County Deed RecOlds, bC1l1g a tract ofland located m the Northeast and Southeast qumtels of SectlOn 22, Township 17 South, Range 3 West, Wlllamette MelldJan, City ofSpnngfield, County of Lane, State ofOlegon, also bemg a pOltlOn of the laIld conveyed to Peace Health, a Washmgton Non-plOfit CorpOlahon 111 the StatutOlY Wananty Dccds lccOlded Dccember 31, 200lm Documents 2001-088567, 2001-088571 and 2001-088572 m the Recordel's Office of smd Lane County, more pmhculmly descllbed as follows BEGINNING at the southwest corner of the smd StatutOlY Wmranty Deed IecOlded as Documenf 2001-088567, smd corner also bemg the northwest corner of Lot 11 as shown on the SubdIvIsIOn Plat entItled "Fnst AdditIOn to Bucna VIsta" lecOlded 111 Book 20, Page 25 of Lane County, Orcgon Plat Records and bemg mal ked by a 5/8" non rod as shown on the RecOld of Survey fOl Arhe and Company tiled 111 the Office of the Lane County SurveyOl on October 16, 2001 C S FIle No 37241, thence South 89058'00" East 24 46 feet along the north hne ofsmd Lot 11, thence Icavmg smd NOlth lme NOlth 13042'52" West 28 13 feet to the begmnlllg 01 a 763 OO-foot ladIus non-tangent curve concave easterly, the radJaI beanng of which IS North 76048'43" East, thence northcrly 14465 feet along smd curve through a cenhal angle of 10051 '43" to the beg1l1111ng ofa 1055 50-foot ladlUs non-tangent curve concave ea~terly, the IadJaI bearlllg of which IS North 84046'23" East, thence nOlthelly 17070 feet along smd CUlve through a central angle of 09015'59", thence along the follow1l1g five (5) courses and dlstances I) North 05024' 56" East 132 65 feet, thence 2) NOlth 05034' 50" East 177 57 feet, thence 3) NOlth 04032'09" East 19197 feet, thence 4) North 06051' 14" East 382 50 feet, thence 5) North 05034'50" East 625 44 feet to the begllllllng of a 727 OO-foot ladlUs non-tangent CUlve concave westelly, the radJal beanng ot WhICh IS North 84040' 12" West, thence northerly 16405 feet along SaId curve through a cenhal angle of 12055'43" to the begllln1l1g of a 828 OO-foot radIUS non-taIlgent curve concave southwestelly, the radJaI beanng ot whIch IS Sonth 82009'03" West, thence northwesterly 977 33 feet along SaId cUlve through a central angle of 67037'45" to the eastelly nght-of-way hne of Game Fann Road (County Road No 3), which IS 35 00 feet from the cente1l1l1e of Game Falm Road when measured at a nght angle, thence South 04011 '56" East 94 99 feet along the Said easterly lIght-of-way llI1e to a 5/8" Hon IOd, thence South 89021 '57" West 5 00 feet along Said easterly nght-of-way llI1e to a 5/8"Iron rod 30 00 teet from the centel11l1e of said Ganle Fmm Road when measured at a lIght angle, thence South 04011 '56" East 34 16 feet along the SaId easterly lIght-of-way hne, thence leavll1g Said easterly nght-of-way 11l1e North 48045'26" East 25 09 feet to fhe begnllimg of a 727 OO-foot ladms non-tangent curve concave southwesterly, the radIal beanng ofwhlch lS South 18031' 19" West, thence southeastelly 325 43 feet along sard curve through a centtal angle ot 25038' 51" to the beg1l1111ng of a 789 OO-foot ladms compound eurve, thence southwesterly 36398 feet along SaId CUlve tlllough a central angle of26025'53" to the begllllllng of a 734 OO-foot ladlUs non-tangent curve concave westerly, the IadIal beanng of whlCh South 72045'20" West, thence southerly 33 85 feet along Said curve tluough a cenhal angle of 02038'32" to the beg1l1111ng ofa 563 OO-toot radlUs compound CUlve, thence southelly 19832 feet along Said curve through a central angle of200\o'58", thence South 05034'50" West 15243 feet to the beg1l1111ng ot a 289 OO-foot ladlUs concave northwesterly, thence southwestelly 5790 feet along SaId curve thlOugh a cenhal angle of 11028'42" to the beg1l1111ng of a 311 00- foot radlUs leverse curve, thcnce southwestelly 62 30 feet along smd curve tlllough a cenhal angle of II 028 42" , fhence along the followmg SIX (6) COUlses and dlstances Date Received '/3D! 2JJolf I) SoutII 05034'50" West 10820 teet, thence Planner AL " RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 C \Docllments and Sel1mgs\crnsllJ65\Local SelllllgsiTemporary Inlernet flles\OLK6\Deed fromlhe City 10 Peace lleahh for R W along MLK Rev doc REVISED May 2005 2) South 00040'09" West 14016 feet, thence 3) South 04025'05" West 517 55 feet, thence 4) South 05034'50" West 3789 fcet, thence 5) South 06052'55" West 15409 feet, thence 6) South 05034'50" West 281 83 ieet to the begmnmg of a 1144 50-foot radIUs curve concave easterly, thence southerly 20891 feet along smd curve through a eentJal angle of 10027'30" to the nOltheIly Ime of an abandoned 60 OO-foot wide Southern Pacdie Rmlroad nght-of-way, and bemg the begml1mg ofa 98504- foot non-tangent CUIve concave southwesterly, the ladlal beallng of which lS South 56009'13" West, thence southeasteIly 19245 teet along saId CUIve tluough a central angle of 11011 '38" to the POINT OF BEGINNING TOGETHERWITH That certam tract ofland descllbed m Bargam mld Sale Deed IecOlded January 11,2005 as ReceptJon Number 2005-002303, Lane County Deed RecOlds, bemg a tract of land located m the northeast quarter of,SecflOn 22, TownshlP 17 South, Range 3 Wesf, Wlllamette Melldlan, Lane County, Oregon and bemg more partlcularly descllbed as follows Commencmg at the soufhwest comer of that celiam fract ofland conveyed to the Clty of Spllngfield m the Deed recOlded under Reel 843, Recepl10n No 77-22531, Ldne County Deed Records, smd pomt bears South 46007'08" West 2066 22 feet flOm the northeasf corner ofthe Wllham M Stevens DonatlOn Land Clmm No 46, TownshlP 17 South, Range 3 West, Wlllamette Mendlan, smd pomt bemg fUIihel descllbed as a pomt on the east llght-of-way hne of Game Farm Road (County Road No 3) lymg parallel with and 30 00 feet easterly of the centerlme of Game Farm Road. thence cOlllcldent wlth 5md east llght-of-way hne the followlllg two (2) courses and dlstances 1) South 01007'36" East 28 16 fcet, thence 2) South 01049'36" East 9325 feet to the Trne Pomt of Begmnmg of tlllS descllptlOn, thence leavmg smd east llght-of-way hne South 53007'05" East 25 18 feet to the begmmng of a 329 50-foot radms non-tangent CUi ve concave southeIly, from whIch the radms pomt bears South 04054'22" West, fhence easterly 3175 feet along the mc of smd CUlve fhrough a central angle of 05031 ' 17", wlth a long chOld of South 82019'59" East 31 74 feet to the begm11lng 01 a 334 54-foot radms non-tangent CUlve concave southwesterly, from whIch the wdms pomt bems South 07001 '20" West, thence southeasterly 15753 feet along the arc ofsmd curve thlOugh a central angle of26058'45", wlth a long ChOld of South 69029' 18" East 15608 feet, thence South 56022'10" East 84 04 teet to the beglllnmg of a 250 OO-foot radms non-tangent curve concave northeasterly, irom WlllCh the radms pomt bears NOlth 37022'58" East, thence southeasteIly 109 14 feet along the arc ofsmd curve through a central angle of 25000' 48", with a long chold of South 65007'26" East 108 28 feet, thence NOlih 46016'21" East 50 58 feet to a pomt on the wesfeIly llghf-of-way hne of PIOneer Parkway as descllbed m Road DedlcatJon Document filed 111 Document No 2003-053912, Lane County Deed Records, thence c0111cldent wlth smd westerly llght-of-way hne the followll1g tluee (3) courses and dIstances 1) South 07022'10" West 14 87 feet, thence 2) South 02027'29" West 140 16 fect, thencc 3) South 06012'25" West 2161 feet, thence Date Received Planner AL ,/':30/;;>'00g , leavmg smd westerly nght-of-way Ime NOlih 38004'42" West 68 14 feet, thence NOlth 77037'50" West 341 feet to the begm11lng of a 339 OO-foot radms curve concave northedsterly, thence northwesterly 148 00 feet along the mc of smd cUlve tluough a central mlgle of 25000'48", wIth a long chord of North 65007'26" West 146 82 feet, thence NOlih 48031 '30" West 84 08 feet to the begmmng ofa 274 21-foot radIUS non-tangent curve concave southwesterly, from which the radIUS pomt bears South 41002'26" West; thence northwesterly 125 39 feet along the mc of smd curve thlOugh a central angle of26011 '57", wlth a long chord of North 62003 '32" West 12430 feet, thence NOlih 81052'08" West 21 78 feet, thence South 58009'34" West 1961 feet to a pomt on smd east nght-of-way lme of Game Faml Road, thence RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD OREGON 97477 C \lJocu1l1cnts and Selllngslerns8365\Local Sellll1gs\Temporary Internet Flles\OLK6\lJeed frOllllhe Clly to reace Health for R W along MLK Rev doc REV/SED May 2005 comcldent with smd east nght-of-way Ime NOlth 01049'36" We;t 84 68 fcct to the True romt of Begmning The baSIS ot bearmgs for tins descllptIon IS the beallng between the found monumcnts mdlk1l1g tlIe northeast and northwest COlneIS of the Wilham M Stevcns DonatIOn Land Clmm No 46, bemg NOlth 88016' 40" West, Olegon State Pldnc COOldmate System (South Zone) EXCEPTING THEREFROM A tIact of land located m ScctIon 22, TownshlP 17 South, Range 3 East, WlIlamette Mendmn, Lane County, Orcgon and bemg morc partlculmly descnbcd as follows BEGINNING at a 5/8 mch non lOd wIth a yellow plasl1c cap mmked "KPFF INC " set per Lane County Survey Nnmber 39772, bemg thc most northerly nght-of-wdY monurnenf sct on Gamc Farm ROdd per smd survey (said pomt bemg 3500 feet castelly of the ccnterhne thereof, measmed pmpendIculm theIeto), on the south Ime of that certam tIact ofland conveyed to Kay A Renken March 7th, 2002 recorded m Lane County Deed Document Number 2002-017959, thence along smd south Ime South 880 13' 23" East, 8 99 feef, fhence leavmg smd south lme South 240 50' 56" Edst, 40 39 feet to the begmmng of a 826 50 foot radms non-tangent curve to the nght flOm whlch pomt the center of curve bears South 180 08' 31" West, thence 399 92 feet along the arc of smd curve tluough a central angle of270 43' 25", wlth a long chord ot Soufh 5T 59' 46" East, 396 03 feet, thcnce NOlth 760 08' 23" East, 32 92 feet, thence South 400 39' 26" East, 76 00 feet, thence South 220 17' 10" West, 33 41 feet to the begmnmg of a 828 00 foot non- tangent curve to the nght from whlch pomt the center of cmve bems South 530 03' 54" West, thence 220 35 feet along the arc smd cmve thlOugh a centJal anglc of 15014' 53", WIth a long chord ot South 29018' 40" East, 219 71 feet, thence South 21030' 30" East, 28 54 feef to thc begmnmg of a 728 00 foot radms non-tangent curve to the nght from whIch pomt the center of CUlVC bears South 68030' 26" West, thence 366 74 feet along the arc ofsmd curve through a central angle of280 51' 47", WIth a long chord of South 070 03' 41" East, 362 87 feet, thence South 070 22' 13" West, 320 40 feet, thence South 46036' 12" East, 103 72 feet, thence South 17052' 01" West, 10700 feet, thence South 550 59' 52" West, 73 81 feet, thence South OT 22' 10" West, 34959 fect, thence South 090 36' 24" West, 461 07 feet, thence Soufh 40054' 42" East, 71 68 teet, thence South 030 42' 08" West, 2 44 feet, thence South 030 50' 47" West, 95 00 feet, thence South 030 43' 52" West, 2 81 feet, thence South 57012' 51" West, 54 30 feet, thence South 110 02' 22" West, 20 85 feet to the beglIU1mg of a 1320 58 foot ladlUs non-tangent curve to the left from WhlCh pomt the center of curve bears South 850 23' 52" East, thence 151 23 feef dlong the arc ofsmd fluough a central angle of 060 33' 41", wlth a long chord of South 0]0 19' 18" West, 15115 feet to the begmmng ofa 1396 95 foot non-tdngent compound CUlve to the left from winch pomt the center ot curve bears North 880 02' 27" East, thence 9339 feet along the mc ot smd curve through a central angle of 03049' 49"; wrth a long ChOld of South 050 43' 53" East, 93 37 feet, thence South 3T 29' 22" East, 398 feet, thence South 060 41' 41" East, 20 71 feet, thence South 030 29' 25" West, 26 35 feet to a pomt on the North hne of Lot 11 per the Plat ofFust AddltIon to Buena Vlsta filed m Book 20, Page 25, Lane County Plat Records, thence along smd north hne North 880 10' 40" West, 26 69 feet to a pomt on the noriheastedy Ime of that certam abandoned Southern PaCIfic Rmlroad Right-of-way descllbed m Deed Document Number 9307441, Lane County Deed Records, smd pomt bemg fmiher descnbed as a pomt of cusp of a 985 04 foot radms non-tangent curve to the left from which pomt the centel of curve bears South 690 08' 11" West, thence 205 72 feet along the arc of smd curve tlnough a central angle of 11057' 58", With a long chOld of NOlih 260 50' 48" West, 205 35 feet to the begmnmg of a 899 59 foot radiUS non-tangent CUl ve to the nght from which pomt the center of curve bears South 5T 10' 13" West, smd pomt bemg further descllbed as a pomt on fhe westerly nght-of- way lme of Martm Luther Kmg Parkway as shown on Land PmiltIon Plat Number 2006-P2030 recorded m Lane County Survey FlIe Number 39968, thence along smd westerly llght-of-way Ime the followmg eight (8) COUlses and distances I) 10493 feet along the mc ofsmd curve through a central angle of 060 40' 58", wrth a long chord of North 01009' 39" East, 10486, thence 2) North ISO 04' 44" West, 8425 feet to the begnU1mg of a 1177 50 foot ladms non-tangent cUlve to the nght from whIch pomt the center of curve bems South 830 22' 55" East, thence Date Received sI'5D (~oo~ Planner. AL '/ RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 C \Documents and Setlmgs\erng8365\Local Selllllgs\lclllpormy Interne! f1lesIOLK6\Deed frollllhe Clly to Pnce HCAllh fOf R W along MLK Rev doc REVISED May 2005 3) 15 46 feet alollg the ale of said curve through a central angle of 00045' 09", wIth d long chord of North 060 59' 39" East, 15 46 feet, thencc 4) North 070 22' 15" East, 76 55 feet, thence 5) NOlih 360 01' 06" East, 6153 feet, thence 6) NOlth 070 22' 15" East, 527 00 feet, thencc 7) North 060 05' 52" East, 13503 feet, thence 8) North or 22' 15" East, 177 00 teet to a pomt on the southerly Ilght-of-way 1me of Cardmal Way as shown on said Land PartItIon Plat Number 2006-P2030, thence along SaId southelly nght-of-way Ime the tollowmg seven (7) COUlses and dIstances I) North 420 08' 08" West, 6880 feet to the beglnnmg ofa 34250 foot radIUS non-tangent curve to the nght flOm which pomt the center of CUI ve bears North 120 22' 15" East, thence 2) 14952 feet along the alC of smd curve through a central angle of250 00' 48", with a long chord ofNolih 650 07' 21" West, 14834 feet, thence 3) North 480 31' 25" West, 84 08 feet, thence 4) North 530 12' 35" West, 6 12 feet to the begmI11ng of a 263 00 foot radIUS non-tangent curve to the left from which pOll1t the center o[ cUlve bems South 400 18' 59" West, thence 5) 11844 feet along the MC ofsmd curve through a centIal250 48' 06", wlth a long chord of North 620 35' 04" Wesf, 11744 feet to the beg1l1I11ng of a 267 28 foot radiUS non-tangent compound curve to the left from whIch pOll1t the center of curve bems South 100 14' 40" West, thence 6) 2065 along the mc ofsmd compound cUlve tluough a central angle of 040 25' 39", wlth a long chord ot North 81058' 09" West, 20 65 feet, thence 7) South 61022' 50" We sf, 18 43 feet to a pomt on the easterly nght-of-way of Game FaIln Road South (said pomt bemg 3500 feet eastelly of the centellme thereo[measured perpendlculm thereto), thence comcldent with smd easterly nght-of-way hne North 01049' 36" West, 8660 feet, thence leavmg Said easterly nght-of-way Ime South 530 07' 05" East, 25 18 feet to the beglI111mg of a 329 50 foot radIUS non-tangent curve to the nght from whlch pomt the centeI of CUI ve bears South 040 54' 22" West, thence 31 75 feet along the arc of smd CUI ve through a central angle of 050 31' 17", wIth a long chord of South 820 19' 59" East, 31 74 feet to the begInnmg of a 334 54 foot ladlUs non-tangent compound curve to the nght [rom whlch pomt the centel of CUI ve bears South 070 01' 20" West, thence 157 53 feet along the alC of Said compound curve through a centwI angle of 260 58' 45", with a long chold of South 690 29' 18" East, 15608 feet, thence South 560 22' 10" East, 84 04 feet to the beglI111mg of a 250 00 foot radIUS non-tangent curve to the left flOm whlch pomt the center of curve bears NOl th 3 r 22' 58" East, thence 109 14 feet along the arc of Said curve tluough a central dngle of250 00' 48", with a long ChOld of South 65007' 26" East, 10828 feet, thence North 460 16' 21" East, 59 33 feet, thence North 070 22' 10" East, 348 74 feet to the begllm1l1g o[ a 600 00 foot ladlUs non-tangent curve to the left flom which pomt the center ot curve bears North 820 37' 50" West, thence 23969 feet along the mc ofsmd curve tluough a central angle of220 53' 21 ", with a long chord of North 040 04' 31" West, 238 10 feet to the begilming of a 727 00 foot ladlUs non-tangent compound CUI ve to the left from whlch pomt the center o[ CUI ve bears South 740 28' 49" West, thence 687 26 feet along the mc of smd compound curve through a central angle of 54009' 49", wlth a long chord of North 420 36' 06" Wesf, 661 95 feet, thence South 500 32' 40" West, 25 18 teet to a pomt on the easterlY-Ilght-ot-way lme of Gdme Farm Road South (bemg 30 00 feet flOm the centerlme thereof, measurcd perpendicular thereto), thence c01l1cldent with the smd eastelly ught-of-way Ime the followmg three (3) COUlses and distances 1) North 020 24' 36" West, 3424 feet, thence 2) South 870 34' 37" East, 5 02 feet (smd pomt be1l1g 3500 feet easterly of the ccnterhne thereof, measured perpendtculm theleto), thence 3) North 020 24' 36" West, 12268 feet to the POINT OF BEGINNING. All as shown on Exlublt 'B', attached hereto and by fhIS reference made a pmi hereof Date Received Planner AL RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT ,225 FIFTH STREET, SPRINGFIELD, OREGON 97477 ../...., I ::bok I i C \Documentq and Sel1mg~\ern88J65\Lllcal SetllngslTcmporary Illternct Fllc5\OLK6\Deed from the CIty to Pe~ce lIea!!h for R W along MLK Rev doc REVISCD May 2005 EXHIBIT B' ~ PUBUC ROAD DEDICATION PER RECEF'I10N NO 2003-053912 ~ PUBLJC ROAD DEDlCATION PER ~"~, RECEF'I10N NO 2005-002303 SCALE l' = 300' Date Received S' J.~o /2 Planner AL ' / PLAT TO ACCOMPANY LEGAL DESCRIPTION ".,rn c--I IIlliIJ///I m s.w. FIfth "..... ..... .... --.....1 -..... 30114078-MLK-CARDlNAL-VACATION MLK JR PARKWAY & CARDINAL WAY RIGHT-OF-WAY TRANSFER CITY OF SPRINGFIELD, LANE COUNTY. OREGON SECTIONS 22 & 23. TOWNSHIP 17 SOUTH. RANGE 3 WEST I DATE. 05-152008 SCAIJ!: 1 -300 CONTOUR INrERVAL Nj} 'l>ROJECT NO 301140 78 I SHEEr' BARGAIN AND SALE DEED Tax Map & Lot Numbers 17 -03-22 (on the date of execution) KNOW ALL BY THESE PRESENTS, that Peace Health, a Washlnqton Non-Profit Corporation Grantor(s), In ConSideratIon of the acceptance by the City of Springfield, Oregon, Grantee, and the use or holding of saId property for present or future publIC use by Grantee, Grantor hereby grants, bargains, sells and conveys unto the said Grantee, Its successors and assigns, all the following real property, with the tenements, heredItaments and appurtenances, situated In the County of Lane and State of Oregon, bounded and desCribed as follows SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE THE SAME IS HEREBY and forever dedicated to the publIC to be used as PUBLIC ROAD TO HAVE AND HOLD, the above desCribed and granted premIses unto the saId Grantee, ItS successors and assigns forever THE CONSIDERATION for thIS conveyance IS other than monltarv IN WITNESS WHEREOF, the Gr~ above n9J:l)ed have hereunto set their hands and seals this 2?nd , day of M~ / //' ~/ ,2008 ~v/. PEACEHEALTH Signature Pnnt name / ~P1l1 nr---.JL, rot.:> Pro..::..' (Innr (TItle & Company) Signature Print name (Title & Company) STATE OF OREGON COUNTY OF LafoE } 55 BE IT REMEMBERED that on thiS 22nd day of May ,20 08 before me, the underSigned, a notary publIC In and for said County and State, personally appeared the WithIn named Me] Pyne whose Identity was proved to me on the basIs of satIsfactory eVidence and who by me duly sworn, did say that he IS/afr/! the Sen:wr Vlce Presldent of PeaceHealth 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 .r=..;.":' .;.:::;::oc;...~'~."._. "-,~'-~"-'.-~"".-.".-~ 1. OFFICIAL SEAL I , STELLA Y MC CASE j ~ ! NOTARY PUBLIC OREGON · ~ ' COMMISSION NO 402622 '~ Y MMISSION E)(PIRES FEB26, 2010, THE ,~'~8L~;!!;f~M<,H:t?H:~;;'-'~' ment conveYing tItle or Interest to the City of Springfield, a Municipal Corporation of the State of Oregon, IS hereby approved, and the tItle or Interest conveyed therein IS hereby accepted ~QQO- \A rV'eC' C1,~ Notary PubliC for~regon AI~lc/IO M~ommls~lon Expires CITY OF SPRINGFIELD By fL~~A>f Denms P Ernst - City of Spnngfleld Surveyor rldv 2'1 2' OLl,''! Date D.vlslon of Ch.ef Deputy Clerk Lane County Deeds and Records ~~~~.~~~m $56,00 Date Hecelved Planner AL S' / 30 /~v'iJ f ~ 1111111111 1111111111111111111 111111111111111 III '09993402006002963200'0072 OS/28(2008 10:54:58 AM CASHIER 07 RPR-DEED Cnt=l Stn=6 $35 00 $11.00 $10 00 J RETURN TO CITY OF SPRINGFIELD. PUBLIC WORKS DEPT. 225 FIFTH STREET. SPRINGFIELD, OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD - FINANCE DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 (, \Docullleuts and SelhngslplJlfar\Local Selllngs\TemporalY Jnlemel FIJes\OLKF5D\Rlvelbelld MLK Bdcllllonal R W dedleBllon Rev doc REVIseD September 200<1 EXHIBIT A A tract of land located m SectIOn 22, Townslllp 17 South, Range 3 East, Wlllamettc MendIan, Lane County, Oregon and bemg more patl1cularly descnbed as follows BEGINNING at a 5/8 mch non lOd with a yellow plastIc cap marked "KPFF INC " set per Lane County Survey Number 39772, bemg the most northerly nght-of-way monument set on Game FaInl Road per satd survey (satd pomt bemg 35 00 feet eastetly ofthe centerlme thereof, measUlcd pelpendlcuIar thereto), on the south Imc of that certam tract ofland conveycd to Kay A Renken MaIch 7th, 2002 recorded m Lane County Deed Document Number 2002-017959, thence along smd sonth Ime South 88013' 23" East, 8 99 feet, thence leavmg satd south lme South 240 50' 56" East, 40 39 feet to the beg1l1l1lng of a 826 50 foot radlUs non-tangent curve to the nght from which pomt the centel of CUrve beats South 18008' 31" West, thence 399 92 feet along the arc of satd CUrve through a cenl1al angle of270 43' 25", With a long chord of South 570 59' 46" East, 396 03 feet, fhencc North 760 08' 23" East, 32 92 feet, thence South 40039' 26" East, 76 00 feet, thence South 220 IT 10" West, 33 41 feet to the beglll1l1ng of a 828 00 foot non-tangent curve to the nght fiom whlch pomt the center of curve bears South 530 03' 54" West, thence 220 35 feet along the mc sald curve tluough a central aIlg1e of 150 14' 53", wlth a long chord of South 290 18' 40" East, 21971 feet, thence South 21030' 30" East, 28 54 feet to the begnllllng of a 728 00 foot radlUs non- tangent curve to the nght from whIch pomt the center of curve bears South 680 30' 26" West, thence 366 74 feet along the atC ofsmd curve through a centlal aIlgle of280 51' 47", WIth a long chOld of South 070 03' 41" East, 362 87 feet, thence South 070 22' 13" West, 320 40 feet, thence South 46036' 12" East, 103 72 feet, thence South 170 52' 01" West, 10700 feet, thence South 550 59' 52" West, 73 81 feet, thence South or 22' 10" West, 349 59 feet, thcnce South 090 36' 24" West, 46107 feet, thence South 400 54' 42" East, 7168 feet, thence South 030 42' 08" Wcst, 2 44 feet, thence South 03050' 47" West, 95 00 feet, thence South 030 43' 52" West, 2 81 feet, thence South 57" 12' 51" West, 5430 feet, thence South 11002' 22" Wcst, 20 85 feet to the begml1lng ofa 132058 foot radllls non-tangent curve to the left flOm which pomt the centel of curve bems South 85023' 52" East, thence 15123 feet along the atC of said through a cenl1al angle of 060 33' 41", WIth a long chord of South 01019' 18" West, 151 15 fcet to the beglilllmg ofa 139695 foot non- tangent compound curve to the left flOm which pomt the center of CUrve beals North 880 02' 27" East, thence 9339 feet along the mc ofsatd curve tluough a centlal angle of 030 49' 49", With a long chord of South 050 43' 53" East, 93 37 feet, thence South 370 29' 22" East, 3 98 feet, thence South 060 41' 41" East, 20 71 feet, thence South 030 29' 25" West, 26 35 feet to a pomt on the North Ime of Lot II per the Plat ofFust AdditIOn to Buena Vlsta filed m Book 20, Page 25, Lane County Plat RecOlds, thence along SaId nOlth hne North 880 10' 40" West, 26 69 feet to a pomt on thc northeastcrly Ime ofthat certam abandoned Southem Paclfic Rathoad Rlght-of-way descnbcd 111 Deed Document Number 9307441, Lane County Deed Rccords, satd pomt bemg further dcscllbed as a pomt of cusp of a 985 04 foot radlUs non-taIlgent CUrve to the left from whIch pomt thc centel of CUrve beals South 690 08' II " West, thence 205 72 feet along the arc of SaId CUrve tlllough a central angle of 11 051' 58", With a long chord of North 26050' 48" West, 20535 feet to the begnU1mg of a 899 59 foot radllls non-tangent curve to the 11ght flom whIch pomt the center of curve beats South 570 10' 13 " West, said pomt bemg further descnbed as a point 011 the westerly llght-of-way Ime of Matim Luther Kmg Parkway as shown on Land Patl1tlOn Plat Number 2006- P2030 recorded m Lane County Survey FIle Number 39968, thence along smd wcsterly llght-of- way hne the followmg eJght (8) cowses and dlstances 1) 10493 feet along the aIC o[sald Clllve thlOUgh a cenl1al angle of 060 40' 58", With a long chold of North 01009' 39" East, 10486, thence 2) NOlth 150 04' 44" West, 8425 feet to the begUll11ng of a 1177 50 foof IadlUs non-tangent curve to the nght from whlch pomt the center of CUrve beats South 830 22' 55" East, thence 3) 1546 feet along the aIC ofsatd curve tlllough a central angle of 000 45' 09", With a long ChOld of North 06059' 39" East, 1546 feet, thence 4) North 070 22' 15" East, 76 55 feet, thence 5) North 360 01' 06" East, 6153 feet, thence 6) North 07022' 15" East, 527 00 feet, thence 7) North 06005' 52" East, 135 03 feet, thence 8) NOlih 070 22' 15" East, 177 00 feet to a pomt 011 the southelly flght-of-way lme ofCaldmal Way as shown on satd Land PmiIl10n Plat Numbel 2006-P2030, thcnce Date ~ecelved S /:!i> / :Joo S-' Planner. AL I along satd southerly llght-of-way hne the followmg seven (7) courses and dlstances RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD - FINANCE DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 C \Documents and Selhngs\plufarlLocal Setlmgs\Temporary Internet Flles\OLKf5D\Rlvclucnd MLK addulonal R W dedication Revdoc REVISED September 2004 1) NOlih 42008' 08" West, 68 80 feet to the begmnmg of a 34250 foot radIUs non-tangent curve to the nght flOm wInch pomt the center of curve bears North 120 22' 15" East, thence 2) 149 52 feet along thc arc of Said curve through a centIaI angle of 25000' 48", wIth a long chord of North 650 07' 21 " West, 148 34 feet, thence 3) North 480 31' 25" West, 8408 feet, thence 4) NOlih 530 12' 35" West, 6 12 feet to the begmnmg ofa 26300 foot radIUS non-tangent curve to the left flOm winch pomt the center of curve bears South 400 18' 59" West, thence 5) 11844 feet along the arc ofsmd curve through a centJa1250 48' 06", with a long ChOld of NOlih 620 35' 04" West, 11744 feet to the begmmng of a 26728 foot radIUs non-tangent compound curvc to the left from whlch pomt the center of curve bears South 100 14' 40" West, thence 6) 2065 along the arc ofsmd compoillld curve tluough a centIal angle of 040 25' 39", wIth a long chOld ofNOlth 81058' 09" West, 20 65 feet, thence 7) South 610 22' 50" West, 18 43 feet fa a pomt on the easteIly nght-of-way of GaIlle Farm Road South (smd pomt bemg 35 00 feet eastelly ofthe centerlme thereof measured perpendIcular thel eta), thence comcldent with SaId eastcIly ught-of-way 11l1e North 01049' 36" West, 86 60 feet, thence leavmg said easteIly nght-of-way Ime South 530 07' 05" East, 25 18 feet to the begnU1mg of a 329 50 foot radIUS non-tangent curve to the ught flOm whIch pomt the center of curve bears South 04054' 22" West, thence 31 75 feet along the arc of smd curve fhrough a central angle of 050 31' 17", wIth a long chold of South 820 19' 59" East, 31 74 feet to the beglillung of a 33454 foot radIUS non- tangent compound curve to the ught flOm wluch pomt the center of curve bears South 070 01' 20" West, thence 157 53 feet along the mc ofsmd compound curve through a central mlg1e of260 58' 45", with a long chOld of South 690 29' 18" East, 15608 feet, thence South 560 22' 10" East, 8404 feet to the begllU1mg of a 25000 foot IadlUs non-tangent curve to the left from whlch pomt the center of curve bears NOlth 370 22' 58" East, thence 109 14 fcet along the arc ofsmd curve through a central aIlgle of250 00' 48", wlth a long chord of South 650 07' 26" East, 10828 feet, thence North 460 16' 21" East, 5933 feet, thence NOlih 07022' 10" East, 348 74 feet to the bcglnn1l1g of a 600 00 foot radIUS non-tangent curve to the left flOm whlch pomt the ccnter of CUlve bems North 820 37' 50" West, thence 239 69 feet along the mc of saId curve through a central angle of220 53' 21", wIth a long chord of North 040 04' 31" West, 238 10 feet to the beglnnmg of a 727 00 foot IadlUs non-tangent compound curve to the left from WhlCh pomt the center of Cill ve bears South 740 28' 49" West, thence 687 26 feet along the arc of SaId compound curve tluough a central angle of 54009' 49", wlth a long chold of North 42036' 06" West, 661 95 feet, thence South 50032' 40" West, 25 18 feet to a pomt on the easterly-nght-of-way 11l1e of Game Fanll Road South (bemg 30 00 feet flOm the centeIlme thcreof, measmed perpendlcular theJeto), thence comcldent wlth the smd casteIly llght-of-way Ime the followmg tluee (3) COUlses and dIstances 1) NOlih 020 24' 36" West, 34 24 fect, thence 2) South 870 34' 37" East, 5 02 fcet (saId pomt bemg 3500 feet easterly of the centerlme thereof, measured perpendIculm thereto), thence 3) North 020 24' 36" West, 12268 feet to the POINT OF BEGINNING All as shown on Exlnblt 'B', attached hel eto and by tlllS reference made a part hereof Date ReceIved ~/3o (::lPP~ Planner AL './ RETURN TO CITY OF SPRINGFIELD- PUBLIC WORKS DEPT - 225 FIFTH STREET, SPRINGFIELD, OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD. FINANCE DEPT. 225 FIFTH STREET. SPRINGFIELD, OREGON 97477 C \Documents Md Selllngs\pblfar\Locnl Setungs\Temporary [nternel Flles\QLKF5D\Rlvclbelld MLK addItional R W dedicatIOn Rev doc RI:YlSBO Seplernber,2004 \ --' \ L EXHIBIT 'B' 3500 ~ N02'2~~6"~ 122 68' \ S88' 13'23"E 899' 824'5056' E 4039' '" o ~ . ' -...:::. .. I I , I I --' - f 3000' S40"39'26"E 7600 -c Q) >...J (jj<( o <1>... 'l:::Q) (!jC:: ...c:: ro.!!! Do.. N76'08'23"E 3292' lF687 26' R=727 00' .'\=54'09'49" N42'36'06"W 661 95' lF220 35' R=828 00 6=15'14'53" 329' 18 40"E 21971' NORTH ---,.' PARCEL I P'lRTITlON I I i i I I , ! i I I ! , L--239 69' R=600 00' 6=22'53'21" N04"04'31"W 238 10' L=366 7~ ,,=728 00 6=28"51'47" S07'03'41"E 362 87' -../ I MATCH UNE SEE SHEET 5 PLAT >/0 PARCEL Il \ , I I PLAT TO ACCOMPANY LEGALDESCRlPTION 2D02-P1627 ! ~82~7'SO"W 1140MLK NEW-DEDICATION 1JJ1l/J,. I. II, "I . c___ mB.WFlftbA_ ..... 2000 Por'IYnd. O,.gon ~ I _7..... MLK JR PARKWAY & CARDINAL WAY RIGHT-OF-WAY DEDICATION CITY OF SPRINGFIELD, LANE COumY, OREGON SECTIONS 22 & 23, TOWNSIDP 17 SOUTH, RANGE 3 WEST I DATE.. 05-16-2008 ISeAL&.. 1 -100' I CONTOUR lNF'ERVAL..NIi- ~ IPROJ'l'...cTNO 30114078 SHEET 1 OF 4 I i 1 , Ii i I' i i i I t i I \ I I I I ' S53'0705"E \ 2518' I i ~O 1 I I S61'22'50"W- 1843 I L=20 65'-1 R=267 28' , 1l=04~25'S9n ' N81 '58 09"W 12065' I , P"-:..RCEL r EXHlBIT B' +-\1 L=239 69' I I , MATCH LINE SEE SHEET 4 R=600 00' I ",=22'53'21" N04'04'31"W 238 10' L=36674./ R=728 00' L\=28'51 '47" 807003'41 "E 362 87' PARTITlOl'; PLAT "10 I PARCEL IT NORTH 1002,P1627 N82"37'50"W '" ~ - <,:>0 "," .,. " ::....,co o Z QL=31 75 R=329 50' 1'.=05'31'17' S82'19'59"E ,;174' ,0 " ~ o "- a CIl L=15753' R=334 54' ",=26'5845" S69'29'18"E 15608' M o , ~ '<t "" "'''' , '<t 1;", 2; ~ to , '<t i:Jo , '" "'" o '" L=109 14' R=250 00' 6==25"00148" S65'0726"E 10828' N46'16'21"E 5933' , , , , i I I I I \ I PARTITION L=1~9 52' R=342 50' 1'.=25'OO'4S" N65"07'21 "W 14834' , i I I I PLAT "<0 Fl '" ~ ' , 0 '" 0 f'" " " o ~ 2; 2006-P2030 PARCEL 1 Date Received Planner AL sh./;u,oS/ I ~ c _ ~ 0; " '" '" 0; , '<t I; '" '" , I I ! I I PLAT TO ACCOMPANY LEGAL DESCRIPTION MATCH LINE SEE SHEET 6 0., 1140MLK NEW-DEDICATION lOAm 05-16-2008 ISCAlE 1 "100 ICONTOUR INTERVAL..N/~ PRo...TECT NO 301140 78 ISHEET 2 OF 4 ~ If'I$f~j """"""'.....-. IIsl.i'i:!iliM m B.W Fifth At<<lUe ..... 2'" P.ortlDl. OJellClln tl72tJ.C.1 -=..... MLK JR PARKWAY & CARDINAL WAY RIGHT-OF-WAY DEDICATION CITY OF SPRINGF1ELD, LANE COUNrY, OREGON SECTIONS 22 & 23, TOWNSHIP 17 SOUTH. RANGE 3 WEST 1.=1546' R= 1177 50' 6=0.45'09" N06'59'39"E 1546' S57'12'51"W 54 ~D' D3'43'52"W 281' - MATCH LINE SEE ;;tli~J..? 1140MLK NEW-DEDlCATION IDATE 05--16-2008 ISCALE 1-=100 I CONTOUR INTERVAL-Nt" PROJECT NO 301140 78 ISHEET 3 OJ;' 4 EXHIBIT B' NORTH MATCH LlNE SEE SHEET 5 P-illYTTION ) PLAT NO 2006-P2030 PARCEL 1 I ~l ~ < . I i ! PARCEL 2 in - o - 0 ",,,- , '" t>'" 2; PARCEL 3 I N07'22'15"E 7655' I I , , i i '\ "- PLAT TO ACCOMPANY LEGAL DESCRIPTION t1'!Ilf'I'D c_ ~ fII,;MI tt1 s.w FIfth AYIClN ..... 2600 ..~ ::::: 872041 I t< o _ ~ '" '" "' fI '" "- " o '" '" 2; I f? " , "'''- \0 0 :?'~ '" \0 o " '" <l'~ -" 0;;- .? <50 /03'42'08"W ,. 0' 244' 'i? ~ rS03'50'47"W / 95 00 MLK JR PARKWAY & CARDINAL WAY RIGHf-OF-WAY DEDICATION Cl1Y OF SPRINGFIELD, LANE COUN1Y, OREGON SECTIONS 22 & 23. TOWNSHIP 17 SOUTII. RANGE 3 WEST ., . ~ .' .....::: "" ~..J -<{ ~ Q)L.: /Xal <DC: ....c: Ill.!!! 00.. EXHlBIT B ~ S83'22'55 E \ i~ ~\ , MATCH LINE SEE SHEET 6 'j. ~ i ,,- '" ! '\ , L=10493\ Sll'02'22"W i R=899 59' 20 85' I <1-6'40'58" I NO I '09'39"E " I 104 86' \ \ N 87"49'10" E ! i I ! L=I546 R=1l7750 <1-0'45'09" N06'59'39"E 1546' S57"12'51"W 5430' 03"5047"W 9500 S03'43'52"W 281' NORTH , I I ~ i L=15123' "--R=I320 58' 1l=6"33'41" SOI'191B"W I 151 IS' NB6"1l'01"E , L=93 39' ~ R=1396 95 1l=3'49'49" S05"43'53"E 9337 S37"29'22"E 3 98' 06"4141"E \. S03"~~'~~:W 2635' \ NB8'lO 40"W ~O1\ 'to 26 69' st loP\) ",st" WT 11 y\J< llUY,1\I'> \ Date Received Planner AL 5/30/~D8 PlAT TO ACCOMPANY LEGAL DESCR1?I'lON Jj'~.Ji':&J, c____ IIlliIIM 111 Lw. Fifth A~ - ...,. PortIaI" 0nI;I0Il &72041 .-=-om MLK JR PARKWAY & CARDINAL WAY RIGHT-OF-WAY DEDICATION CITY OF SPRlNGFlELD, LANE COUN1Y, OREGON SECTIONS 22 & 23, TOWNSHIP 17 SOUTH, RANGE 3 WEST 1140MLK NEW-DEDICATION I DATE 05-16-2008 ISCAlK. 1 "'100' CONTOUR nrrERVAL NJ" IPROJECTNO 30114078 \SHEET 40F4