The URL can be used to link to this page

Home My WebLink AboutPlat, Subdivision APPLICANT 6/6/2008 PLAT DOCUMENT # Division of Chief Deputy Clerk ~nnO.MMn~ Lane County Deeds and Records 'UUU UwUU~v 111111111111111 11111 11111111111111l1li1111 _$156,_qO_ 01001' 44200:0j308~50010019 06/03/200801:27:37 PM RPR-SUBD Cnt=l Stn=l CASHIER 05 $5 00 $130 00 $10 00 $11 00 This document is a SUBDIVISION RIVERBEND, PHASE II Owner: Peace Health Non-Profit CorooratlOn Dedicatee: City of SDringfield - - Twn. 178 Rng. 3W Sec. 14.15.22.23 LANE COUNTY DEEDS & RECORDS RECEIVED 11 -Lots -1.L - StIckers -L - Res Numbers JUN 6 2008 By~ a~ AFTER RECORDING RETURN TO Lane County Surveyor's Office . '- Afte~ recordmg, please return to' _f (' I \ -g"",i,J :rJallag,h.., J. CIty l?-\ 5tl'"\.\'\ q-t\ e C\ ;'.:meld GJlIagh~:- :2f.j da~k, €It al '22-0 :f= \ 4\-\ 0\- SOO"W,;L.~:t~ !Jt~~~, Stille 80,0 S~i'L\\.1t..e\d I DR ql~11 P":~n~,OP974Ql A..\m C'+-y q,l.L~,Je'fl5Y RECEiVED JUN 6 200811.. S '1~ 'T'-ce-cf:> By:- 6~~_ 'Re..c.a:. '("OL.P (J> \"'\ 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 mumclpal corporalton orgamzed and eXlstmg under the laws of the State of Oregon, heremafter referred to as "Grantee" or "City" RECITALS A Grantor owns the real property descnbed as That certam tract of land descnbed 10 the Statutory Warranty Deed recorded on December 31, 200110 Receplton No 2001-08857210 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 (" femporary PublIc Access Easement" area), AGREEMENT 1 Grantor grants to City temporary publIc access for the purpose of provldmg vehicular and pedestnan mgress/egress to the Temporary PublIc Access Easement area depicted 10 Exhibit B ^ 2 The Temporary PublIc Access Easement shall expire upon the acceptance by the Grantee of future publIc Improvements connectmg the extensIOn of St Joseph Place eastward from RlverBend 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 oblIgaltons shall melude penodlC sweepmg of dnveway areas, and keepmg sidewalk and dnveway surfaces 10 usable conditIOn Division of Chief Depuly Clerk Lane Counly Deeds and Records l~~~.~J~~~~ 1111 "1111111 III """ 1111111 ""111111 III $51.00 0111J829200~00~089610600g9 06/03/200801:27:37 PM RPR-ESMT Cnl=l Sln=l CASHIER OS $30 00 $10 00 $11.00 I RECEIVE[ JUN 6 2008 FOR GRANTOR. FOR GRANTEE/CITY: By: t?~ ~ City of Sprmgfield PeaceHealth By Name Title Mel Pvne Semor VICe President By Name Title ~~~v~ CHilS /VlOOILHE Af} Cay SorLvtvOIL (AIC.! STATE OF OREGON ) ss County of Lane ) i-: ~ """"=-~--------J I. OFFICIAL SEAL :., STELLA Y MC CASE I , 'NOTARY PUBLIC OREGON , COMMISSION NO 402822 STA ~~26t~~~0{J~IR=~~~~6:..2~~ ss 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 ~~.\)C ~Qub. Notary Public for Ch-~;gon My COlllimsslOn Expires -.dJ ~ (01-' () County of Lane ) The foregomg mstrument was acknowledged before me thiS 3D{tr. day of fV\ 0.." ,2008, by (I,r,'S Moor'r,ta.'d. as (If-)' SV{uevor: AIL of the City of Spnngfield, a mumclpaI corporation orgamzed and eXlstmg under the laws of the State of Oregon ~ N\~'}_ ~ U MY COMM'. SEAl. ENT ~.QREGON :0 399556 ., NOY 14.2009 L'V.'A.l'~ O~ Notary Publit for Oregon My COIlliUlsslOn Expires Jt:, V 14.'-0<:1 't .... {I) OFFlCiAL sEAl. GUY R DENT NOTARY PUBUC.QREGON COMMISSION NO 399556 MY COMMISSION EXPIRES NOY 14,2009 Approved and accepted by City onspr~d ,~ A.A...A,I-(~Ity Surveyor) Tu7J6 'i,'. ?=1(Da te) , -(. EXHIBIT 'A' Legal Description Temporary Public Access Easement City of Springfield, Lane County, Oregon May 22, 2008 A tract ofland located m the Northeast and Southeast quarters of SectIOn 22, Townslup 17 South, Range 3 West, WIIlamette MendJan, CIty of Spnngfield, County of Lane, State of Oregon, bemg a portIOn of the land conveyed to PeaceHealth, a Washmgton Non-profit CorporatIOn m the \ Statutory Wananty Deeds tecorded on December 31, 200] lD Document 200] -088572 m the Recorder's Office of saId Lane County, more parttcularly descnbed as follows BEGINNING at a pomt on the easterly Ime of the Wllham M Stevens DonatIOn Land ClaIm No 46, T oWllshlp 17 South, Range 3 West, Wlllamette Mend13n, saId pom! bemg a pomt of cusp of a 262 00 foot radIUs curve concave southwesterly, from wluch pomt the center of curve bears South 53026' 13" West, saId pomt bears South 24052'35" East 1131 80 feet from the northeast comer of said WllhamM Stevens DonatIOn Land ClaIm No 46, thence southeasterly leavmg saId easterly line 53 44 feet along the arc of Said curve through a central angle of 11041' 12", thence South 24052'35" East 78 62 feet, thence North 59037'51" West 7 91 feet, thence North 26000'46" West 15 91 feet, thence North 07035'51" East 703 feet to the begll1mng of a 628 50 foot radIUS non-tangent curve concave southwesterly, from whIch pOll1t the center of curve bears South 62043'41" West, thence northwesterly 22604 feet along the arc of saId curve through a central angle of20036'24", thence South 41023'31" West 5 50 feet to the begmnmg of a 623 00 foot radIUS non-tangent curve concave southwesterly, from whIch pomt the center of curve bears South 42007'40" West, thence northwesterly 3616 feet along the arc of saId curve through a central angle of 03019'33", thence North 51011 '53" West 94 58 feet to the begmmng of a 273 00 foot radIUS curve concave southwesterly, thence northwesterly 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 pomtthe center of curve bears North 53002'46" West, thence northerly 31 70 feel along the arc of saId curve thlOUgh a central angle of28049' 47" to the beguunng of a 57 00 foot radiUS compound curve concave southwesterly, thence northwesterly 6736 feet along the arc of sa1d curve through a central angle of 67042'27", thence South 88016'40" East 68 36 feet to the beglllnmg of a 10800 foot radIUS non-tangent curve concave southwesterly, from winch POm! the center of curve bears South 64008'38" West, thence southerly 43 36 feet along the arc of said curve through a central angle of23000'06" to the begmmng ofa 5800 foot radms reverse curve concave northeasterly, thence southeasterly 61 90 feet along the arc of Said curve through a central angle of61008'44", thence South 64000'00" East 189 06 feet to the begmnmg ofa 31600 foot radms curve concave southwesterly, thence southeasterly 70 61 feet along the arc of saId curve through a central angle of12048'07", thence South 51011 '53" East 94 58 feet to the begmmng of a 66600 foot radms curve concave southwesterly, thence southeasterly 3 67 feet along the arc of satd curve through a central angle of 00018'58", thence South 24052'35" East 31 04 feet to the begmnmg of a 312 00 foot radIUS curve concave northeasterly, thence southeasterly 10205 feet along the arc of saId 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 BegmnmgREC =:, V E 0 Contammg 25,532 square feet (0 586 acres), more or less JUN 6 Z008 /)f2 By: ( ~- The basis of beanngs for tlus descnptlOn [S the beanng between the found monuments markmg the northeast and northwest comers of the Wilham M Stevens Donation Land Claim No 46, bemg North 880 16' 40" West, Oregon State Plane Coordmate System (South Zone) All as shown on Exhtblt 'B', attached hereto and by this reference made a part hereof REGISTERED PROFESSIONAL LAND SURVEYOR f~M f1 . k.. . . . ~<: REGaN "-J i\N 15, 2002 DANNY M DENNING #56640 " , , I EXPIRES /2- 31 ,09 i RECEIVED RlverBend SubdIVISIon S Ip\301000\301140 7B-P~RDocsllegar des13011407B Arx Esmtdoc May 21, 2000 Peg.2012 JUN 6 2008 Iff By:, . J ..~ EXHIBIT 'B' NE CORNER OF WILLIAM M STEVENS DLC NO 46 '\ RECEIVED JUN 6 2008 By: of: S24.52'35 E 31 04' ."'" ~% ."'''<$oil 0)':4 / <1'" :t. "'U> U> :tip <5'& o "" ~y " .,,~~ <j;" {s.<:;> I CURVE TABLE CURVE I LENGTH I RADIUS I I CI 1 5344' 1 26200 1 I C2 I 22604' I 628 SO' 1 I C3 1 36 t 6' I 623 DO' 1 I C4 I 6 I 00 I 273 00 I I C9 170611316001 I CIO I 367' 166600 I I CII 110205'131200'1 I CI2 13225 126200' 1 DELTA 11.41'12" 20.3624" 03.1933" 12.48'07" 12.48 07 00.1858' 18.4425' 07.03 13" N07.35'5 I"E 7 03 N26.00'46"W IS 91 N59.37'51"W 7 91' 11If'FD___ ~111S.WFlfthA""" ..... .... POf~ 0tt0g0ft 87204 50"'2214211 PLAT TO ACCOMPANY LEGAL DESCRIPTION 301140 PUBL-ACC-E5MT TEMPORARY PUBLIC ACCESS EASEMENT IDm OS/20/08 ISCALE I .. 50 PEACEHEALTH fCONTOUR INTERVAL "/A --- ..-RIVERBEND SUBDIVISION PROJeCT liO 3011'4078 SPRINGFIELD, LANE COUNlY, OREGON 15HEET 1 OF> . ~, S88"16'40.E 6836 " ""S '1!.."o ~ :;>" ()~'Ztv I CURVE TABLE I CURVE ILENGTHj RADIUS I I C4 61 00' 27300 I C5 I 31 70' I 63 00 I , C6 I 67 36 I 57 00' [ I C7 I 43 36' 1 108 00 1 I C8 I 6190 1 5800 1 1 C9 17061' 131600 I EXHIBIT 'B' .~ /' .o<O~ \;~:o\~'v ___ 't>J' &O~ "1'000 189 OO,,!!: <Ss. 00 .:J<.s Q 4'0" .00 "'r (0 S8 <IS 00 Tv 0-10 <.:J' '/Q;;.s ~" I DELTA I 12.4807" J 28.49'47" I 67.4227 23.0006' 61"0844. 12.48'07' - RECEIVED JUN 6 2008 By: ax I1fI:F?1 c.............--. ~ 1111. FlftJI...... ..... .... PorIlMd. Oregofl 8720.. GOI-U742G1 PLAT TO ACCOMPANY LEGAL DESCRIPTION 301140 PUBL-ACC ESMT TEMPORARY PUBLIC ACCESS EASEMENT JDATE 05/"/08 'SCALE] '" 50 PEACEHEALTH I CONTOUR INTERVAL. N/A RIVERBEND SUBDIVISION I FROJEl'T "'0 301104078 SPRlNGFIELD, LANE COUNTY, OREGON [S!lEEr 'OF> Division of Ch Deputy Clerk Lane County Deeds and Records PUBLIC TRAIL EASEMENT l~~~.~J~~~1 ) II 1/ 1/ II "" III II 1/ 111111111 "1/11111 "" III $31. 00 J1J0083~200;00308970021027 06/03/2008 01:27:37 p~ RPR-ESMT Cnt=l Stn=l CASHIER 05 $10.00 $10,00 $11 00 RECEIVED After recordmg, please return to: WIllamalane Park and Recreation Dlstnct 250 S 32nd Street Spnngfield, OR 97478 Attn Bob Keefer JUN 6 2008 "'PuJa.d..ve..; THIS AGREEMENT entered mto by and between PEACEHEALTH, aBq~n~)6ll- 'Y"~ profit corporatIOn, heremafter referred to as "Grantor," and WILLAMALANE, a s,e~,aJ jJUJl'v>c ~(d.u:!. park and recreatIOn dlstnct duly formed under the laws of the State of Oregon, heremafter c..o-r'1 referred to as "Grantee" RECITALS A As a condltzon of the tentatlve subdlVlszon approval (ConditIOn #26 of SUB2005-000 12), 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 10 the offiCial records of Lane County on "3 JLllIP 'Zm:8 Reception No ;>,Doll '1~<; ("Plat"), C. The path IS referred to on the Plat as part of the RiverSide Trml, D. The portIOn of the RiverSide Trail located on Grantor's Property has not been constructed, E The parties shall agree upon the exact locatIOn of the portIOn of the RiverSide Trail to be located on Grantor's Property and shall amend tIllS Easement to provide the legal descnptlOn of the actual locatIOn of the RiverSide Trail on Grantor's Property AGREEMENT 1 Grantor grants to Grantee a perpetual non-exclUSive 25-foot public trail easement on that portIOn of Grantor's Property mutually agreed upon by Grantor and Grantee 2. The RiversIde Trail shall be avaIlable for the public to use as a multi-use path 3 When the locatIOn of the RiverSide Trail on Grantor's Property has been agreed upon by the parties, Grantor shall construct a multi-use path 12-feet WIde wlth a 2-foot clear area on each Side of the path free of aboveground obstructIOns The path shall be constructed to the same specifications as the developed portIOn of the RiverSide Trail 4. The RiverSide Trail shall be repaired and 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 Dramage Systems 10 Order to PUBLIC TRAIL EASEMENT - 1 Comply with Condition 21, ConditIOns of Approval, RiverBend SubdlVlslOn Tentative Plan SUB 2005-00012, of the City of Spnngfield dated May 10, 2005, and recorded on May 10, 2006, ReceptIOn No 2006-032093 FOR GRANTOR: FOR GRANTEE: PeaceHeaIth Willamalane By Name Title MeI Pvne Semar Vice President B~~. v.....-L Name Q. b......... \N ICe&>"";' Title 'S~\'''-'",~.\-~. .; "'" STATE OF OREGON ) SS County of Lane ) The foregomg mstrument was acknowledged before me thiS 22nd day of May, 2008, by Mel Pea emor Vice President of Peace Health, a Washmgton non-profit corporatIOn L -." ." _" _ .'~l . OFFICIAL SEAL ~ STELLA Y MC CABE I , NOTARY "UBlIC OREGON I COMMISSION NO 402822; MY COMMISSION EXPIRES FEB 26 2010,- ~-----...-:.......~'::..::...:.,..~ '---. . -. -. ~'.. - - ~ STATE OF OREGON ) ~ffi~fo~e~cCn~ My CommiSSiOn Expires 8.\,Qlo! 10 SS County of Lane ) The faregomg mstrument was acknowledged before me thiS d ~ day of i\lClLI .2008, by 'Birlr- ~R~,w,,\ , ,as ~l~ of Wi!la~lane, an Oregon R~:: ;:~~:1-: ~e~;" ~'b-'u,""(. "UU ~",'ul,c, under the laws of the State of Oregon s,.."..1 P~'f'.k. po.olo...'I<l r.........t.o" <l.1)~"4t ....1" -tONh-.L e#- j- ~- - - 'c.", '~-=-='3.- -', - '......."." ".' . OFFICIAL SEAL MUSETTA DIXON NOTARY PUBUC-QREGON COMMISSION NO 415118 ~'" C!~~":,"~",,~,~ ~chJ '1'rillorlb::. ('. \J I '-y'^" Notary Public for Oregofi I: I My CommiSSiOn Expires 3 Q 1 {I RECEIVED - Accepted and approved by Wlllamalane Park and Recreation District E3". ~ ~~ ~:~,"--t~ .~ .\. I [P/3/~ JUN 6 2008 ())2 PUBLIC TRAIL EASEMENT - 2 . RECEIVED " IMPROVEMENT AGREEMENT JUN 6 2008 INCLUDING NOTICE OF POTENTIAL ASSESSMENT ~N .I~~~ (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of RII!iJj)n~emo~ate) ~vdtd CAT PI. I CONDITIONS(S) #7 and #34 1#10 REFERENCE DOCUMENTATION I DECISION I SUB2005-00012 I SUB2006-00044 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 1 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 Applicatron SUB 2005-00012 and SUB2006-00044 3 The development will cause both an Immediate and long-term demand on the various publiC faCilities of City and Lane County Including the specific public Improvements necessitated by the development as set forth In paragraph 6 4 This Improvement Agreement IS an alternative to Imposing a condition on Applicant's development approval that the Applicant make Immediate construction of any public Improvement that the development necessitates The objective IS to promote efficiency, coordination, and spread costs by providing an opportunity for a district wide Improvement mechanism where construction occurs In a coordinated project With the partlclpatron of adjacent and other properties In the area, Instead of requIring Immediate Improvement In conjunction With each development applicatron 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 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 [gJ surface paving, [gJ storm sewers, [gJ sanitary sewers, [gJ curbs, [gJ gutters, [gJ planter stripS, [gJ street trees, [gJ street lights, [gJ Sidewalks RECEIVED r- JUN 6 2008 (j)2 Division of Chief Deputy Clerk 2MO.Mnogo Lane County Deeds and Records UUg U~Ug g /1/111 "" 11/1/ """" "111111""" """11 $41.00 0.~008~1200800308980030031 06/03/200801:27:37 PM RPR-AGRE Cnt=2 Stn=l CASHIER O~ $~ 00 $1~ 00 $10 00 $11.00 By: AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of3 . . (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 approprrate City codes and ordrnances 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 time the Improvements are made and may, therefore, differ from the list of Improvements checked herern 7 LEGAL DESCRIPTION The 3 real property descrrbed as Lot 8 of RlverBend, Phase II, J,J-t).... ZOO?; . and recorded In Land County on WDB - 3o'i',Cj~ dated 8 City agrees that Applicant's execution and performance of tbe terms of the Agreement will be deemed to be rn compliance With City's polir.y pertarnlng to Improvement requirements, and If Applicant complies In every respect With all other applicable laws of the State of Oregon, Lane County, and City, I\pplicant shall be entitled to Development Approval, subject to the terms and condItio, 'S of approval set forth therern 9 ThiS agreement IS enforceable by the State of Oregon, Lane County f 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 rrght 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 ~ald p~operty of Applicant Applicant's acceptance of the non-remonstrance condition I~ 1 conslderatron for the City's waiver of the requirement for the Immediate constructlG'l of the public Improvements that the development necessitates ThiS Improvement agreement waives the property owner's rrght to file a wrrtten remonstration It does not waive a property owner's rrght to comment on the proposed dlstrrct or any related matters orally or rn wrrtrng 11 It IS the rntentron of the parties hereto that the covenants herern contarned shall run With the land herern descrrbed, and shall be blndrng 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 herern descrrbed 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 descrrbed In Section 7 and their heirs, successors and assigns These reqUirements rnclude but are not limited to the payment for the public Improvements descrrbed In Section 6 ThiS may result rn an assessment lien on the Real Property descrrbed In Section 7 and significant costs to the Owner and Purchasers, and their heirs, successors and assigns An Applicant's signature on thiS Agreement rndlcates that the Applicant has thoroughly read thiS Agreement, understands It, has had the opportunity to consult legal counsel prror to ItS execution, and understands that execution of the Agreement may result In significant frnanclal 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 ie al counsel prror to purchasrng the property, and understarli!]1!!:,t~il\1t#1 ~sult In a significant financial obligatron Imposed upon any 1r'a~<U~I~n Wescrrbed rn Section 7 JUN 6 2008 By: tl/ Page2of3 . . WHEREFORE, the pa~ have hereunto set their hand this day of May ~ /' /// , 20~ ~/ 22nd . (SEAL) PEACEHEALTH Senlor Vlce Pres1dent (TITLE) .(SEAL) (TITLE) STATE OF OREGON COUNTY OF La"-e } 55 BE IT REMEMBERED that on this 22nd day of_ May ,20~before me, the undersigned, a notary public In and TOr said County and State, personally appeared the within named Mel Pyne whose Identity was provec;J to me on the baSIS of satisfactory eVidence and who by me duly sworn, did say that he Is/a'r.e' the Sem.or V~ce Pres~dent 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 b! 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 -. -,"---- ~.,) . OFFICIAL SEAL I STELLA Y MC CASE , NOTARY PUBLIC OREGON COMMISSION NO 402822 MY COMMISSION EXPIRES FEB 26 2010 .;...:. S::-S-'::-2"::-'::-,::",,::...:::... -.....-~ -....!.....:-.~. :~O,s,~'~~ IX; ,; ,;,;:-' Ernst - City Surveyor A I L- a V',:.s Moor h eod I Sh:Q0tA \A- ~_(l~~ Notary Public tb~ Oregon STATE OF OREGON } COUNTY OF L o..^ -e.. 55 BE IT REMEMBERED that on thiS 3ot'lday of N\ A'I ,200 8 before me, the undefslgned, a notary public In and for said County and State, personally appeared the Within named Ee;I" "7\f ::l,:~l1qse Identity was proved to me on the baSIS of satisfactory eVlden~e,sa'r'i\fQwn'o eXEl&uted 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 ~ OffiCIAL SEll!. GUY R DENT NOTARY PUBUC-OREGON . COMMISSION NO 399556 MY COMMISSION f)(PIRfS NOV 14,2009 ..........,.. -- -, - , A~ O=::- Notary Public for Oregon RECEIVED JUN 6 2008 By: tI/: Page3of3 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 J IN CONSIDERATION of the covenants herein recited, the City of Spnngfleld, hereinafter referred to as City, and Peace Health , a Washington Non-Profit Corporation, hereinafter referred to as Appllcant(s), do covenant, and agree with respect to the real prqperty descnbed below as follows 1 Applicant(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 an~, 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 res, -'3ct to the following Development Applicatron SUB2005-00012 3 The development will cause both an Immediate and long-term demand on the vahous 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 condltll.n on Applicant's I development approval that the Applicant make Immediate constructl';n of any public I Improvement that the development necessitates The objective IS to promote efficiency, coordination, and spread costs by proViding an opportUnity for a dlStnct I wide Improvement mechanism where construction occurs In a coordinated prC?ject With the participation of adjacent and other properties In the area, Instead of requlnng I Immediate Improvement In conjunction With each development ap' 'Icatlon There IS no guarantee, however, that such a coordinated project will be po .olble and the :Clty reserves the nght to require construction of the Improvements In ''"Ie future at :Clty discretion I 5 (a) Applicant and City agree that Applicant will pay the cost of the following pyblic 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 I (b) Applicant and City acknOWledge and agree that the cost of such ImprovemElnts and the portion thereof to be paid by Applicant are presently unknown and maYt 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 Deadmond Ferry Road to Include ~ surface paving, ~ storm sewers, [8J sanitary sewers, [8J curbs, ~ gutters, ~ planter stnps, ~ street trees, [8J street lights, ~ sidewalks RECEIVED Division of Chief Deputy Cle~k Lane County Deeds and Reco~ds JUN 6 ~ B .~~ -R~UI~ckJ y. ' UJ>f'i ~OO~.OJO~~~ 11111111111111111111111111111111111111111 $41. 00 l110l832200 :013 l899 '0311H38 06/0312008 01 :27 :37 PM RPR-AGRE Cnt=2 Stn=l CASHIER oe $e 00 $le 00 $10 00 $11 00 AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of3 RECEIVED (b) TRAFFIC SIGNALS at the Intersection of N/A JUN 6 2008 (c) OTHER IMPROVEMENTS N/A By: /J[L Applicant acknowledges that the list of marked Improvements reflect those that would currently be reqUIred under the appropriate City codes and ordinances Applicant I acknowledges that It understands that the Improvements made will be those required to I 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 I may, therefore, differ from the list of Improvements checked herein 7 LEGAL DESCRIPTION The ?-, real property described as Lot 9 of RlverBend, Phase II, ~\(~-.2,T)~")~ and recorded In Lane County on 2-0(")'[3 _ ,:>'nS'75 dated 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 pertalnllig to Improvement requirements, and If Applicant complies In every respect With all bther applicable laws of the State of Oregon, Lane County, and City, Applicant shall be I 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, PETITI0NS , , CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTI\IN THE ABOVE , LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PR'}CEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE '\LL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant doec not walvelany 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 condltron IS In consideration for the City's waiver of the requirement for the Immediate construction of the pl!Jblic Improvements that the development necessitates This Improvement agreement waives the property owner's right to file a written remonstration It does not waive a pro~erty owner's right to comment on the proposed district or any related matters orally or In wrltrng 11 It IS the intention of the parties hereto that the covenants herein contained shalll 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 De a benefit and a burden upon the property herein described This Agreement shalll be recorded In the Lane County Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospectrve purchaser of this property, you are advised to discuss this Agreement With an Attorney of your choice Execution and recordatron of this Agreement will place requirements on the Owner and any subsequent purchaser of the Real Properly 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 ~nd Purchasers, and their heirs, successors and assigns An Applicant's signature on this Agreement Indicates that the Applicant has thoroughly read this Agreement, I understands It, has had the opportunity to consult legal counsel prior to ItS execution, I and understands that execution of the Agreement may result In significant flnanelal I obligations Imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by this Improvement Agreement should also thoroughly revlkw 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 WHEREFORE, the partlehhave hereunto set their hand this day of May~ /~ . ,20~ ~~~- 22nrl . (SEAL) PEACEHEALTH Senlor Vlce Presldent (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF Lar e } 55 BE IT REMEMBERED that on this 22nd me, the undersigned, a notary public In 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/~rf1 the Semor Vice Presldent of PeaceHealth and doe;:; 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 '1Y authorrty of ItS Board of Directors day of May ,200 8 before and for said County and State, personally IN TESTIMONY WHEREOF, I have hereunto set my hand and affixE'" my official, seal the day and year last above wrrtten 1]' ^.~~~rEh~i~:---) , NOTARY ?UBLIC OREGON I COMMI"~ION NO 402822 ~~~,N~~!':~6.:.2~~0_ CITY OF SPRINGFIELD ~Q\Xl!A \l \'\ ~Co be Notary PUblic{Jbr Oregon By K g~;:'3 ~~~h ~~ ~rveyor, Ale STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this 30 day of fvlAy ,200 ~ before me, the underSigned, a notary public In and for said County and State, personally appeared the Within named -5.__: ."''; ~ ~rr.:t-w~ose Identity was proved to me on the '--Ivd ,NIDj)r,,<:o.C:l, Ie d h h t d basIs of satisfactory eVidence ana wno e ecute t e Wit In Instrumen an acknowledged to me that he executed the same freely and voluntarrly IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above wrrtten . ., OFFICIAL SEAL GuY R DENT NOTARY PUBUC.QREGON COMMISSION Nl1 399556 MY COMMISSION EXPIRES NOV 14,2009 ~IJ'> IIRCJ_ ~ ""'" Notary - Iic for Oregon ... ......... ~..... . RECEIVED JUN 6 2008 ax - By~ Page3of3 c IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN i (In lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) , REFERENCE DOCUMENTATION I DECISION I SUB2006-00044 I , CONDITIONS(S)' #6 I I IN CONSIDERATION of the covenants herein recited, the City of Spnngfleld, herel~after referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter I 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 I 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 , I 2 Appllcant(s) desires Development Approval from the City with respect to the follo~lng Development Application SUB2006-00044 I 3 The development will cause both an Immediate and long-term demand on the vanous , public facllilies of City and Lane County including the specific public Improvements I necessitated by the development as set forth In paragraph 6 I 4 This Improvement Agreement IS an alternative to Imposing a condition on Applicant's I development approval that the Applicant make Immediate construction of any public I Improvement that the development necessitates The objective IS to promote I effiCiency, coordination, and spread costs by providing an opportunity for a dlstnct I wide Improvement mechanism where construction occurs In a coordinated project With the participation of adjacent and other properties In the area, Instead of requlnng I Immediate Improvement In conjunction With each development application There IS I no guarantee, however, that such a coordinated project will be possible and the City I reserves the nght to reqUire construction of the Improvements In the future at ~Ity discretion I 5 (a) Applicant and City agree that Applicant will pay the cost of the following public I 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 I (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 mayl be greater than the costs that would be apportioned If the Improvements were I constructed Immediately or by Applicant now or later I (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 I [gJ surface paving, [gJ storm sewers, 0 sanitary sewers, [gJ curbs, [gJ gutters, o planter stnps, [gJ street trees, [gJ street lights, [gJ Sidewalks RECEIVED Division of Chief Deputy Clerk Lane County Deeds and Records l~~~.~J~9~~ JUN 6.. 2.098 ~ r"'frov~ ~rd..d By: ~~ - (OP1 11111"11111111 II 111111 "" II"" III ""111111111 $41 ,00 0100083320080030900003003306/03/200801 :27:37 PM RPR-AGRE Cnt=2 Stn=l CASHIER O~ $~ 00 $1~ 00 $10 00 $11 00 AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET _ SPRINGFIELD OR 97477 I Page 1 of3 .' I RECEIVED (b) TRAFFIC SIGNALS at the intersection of N/A JUN 6 2008 (c) OTHER IMPROVEMENTS N/A By: ()~ Applrcant acknowledges that the list of marked Improvements reflect those that would currently be required under the approprIate City codes and ordinances App'lrcant I acknowledges that It understands that the Improvements made will be those requl~ed 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 Imay, therefore, differ from the Irst of Improvements checked herein 7 LEGAL DESCRIPTION The real property desCrIbed as Lots 8 and 9 of the plat RlverBend, Phase II, dated ..2, , I 'Avoh ?DO'8 ,and recorded In Lane County on 2...ooS- 3.089S 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 applrcable laws of the State of Oregon, Lane County, and City, Applicant shah 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 WAIVER'c PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE AB0VE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING' OF , THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHlil TO REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive jany rIght to protest the amount or manner of spreading the assessment thereof, If the same shall appear to the Applrcant to bear inequitably or unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condItion IS In conslderatJon for the City's waiver of the reqUirement for the Immediate construction of the p~blic Improvements that the development necessitates ThiS Improvement agreement wal~es the property owner's rIght to file a WrItten remonstration It does not waive a property I 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 I 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 I be recorded In the Lane County Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applrcant or a prospective purchaser of thiS property, you are adVised to , diSCUSS thiS Agreement With an Attorney of your chOice Execution and recordalron: of , thiS Agreement Will place reqUirements on the Owner and any subsequent purchase~ of the Real Property deSCrIbed In Section 7 and their heirs, successors and assigns I These requirements Include but are not limited to the payment for the pul;llrc 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 a,nd Purchasers, and their heirs, successors and assigns An Applicant's signature on thiS I Agreement Indicates that the Applicant has thoroughly read thiS Agreement, I 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 I obligations Imposed upon the Owner of the Real Property Any prospective Purchaser I of the property burdened by thiS Improvement Agreement should also thoroughly review I thiS Agreement, consult With legal counsel prIor to purchaSing the property, and I understand that thiS Agreement may result In a Significant finanCial obligation Imposed upon any Owner of the Real Property deSCrIbed In Section 7 Page2of3 WHEREFORE, the p~ave hereynto set their hand this day of May /" /. // /' ,20~ /~~ 22nd .(SEAL) PEACEHEALTH Serlor Vlce Presldent (TITLE) . (SEAL) (TITLE) STATE OF OREGON COUNTY OF Lane } ss 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 satisfactory eVidence and who by me duly sworn, did say that he IS/qI~ the Semor V1Ce Presldent of PeaceHealth and does acknowledge said Instrument to be the free act and deed ot 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 offlclallseal the day and year last above written ,...,:::>-~-,.~-~~- :-."":-= = "-:- -~~"::::,,\ :. OFFICIAL SEAL, ' STELLA Y MC CASE I ' NOTARY "UBLlC OREGON f j COMMIFSION NO 402822 j (lMI2~M.,~~.gN}~PJR~~F=E~ ~s... 22~~ ~Q. \!-. mC'l\::,'t~ Notary Public ~ Oregon ~:~o's'q:~ :J-:..,," ,"v;- ~, II;>' - City Surveyor A I ( C ~ I','j I\'\,oor" e.o..a I STATE OF OREGON } ss COUNTY OF l.ANe. BE IT REMEMBERED that on thiS 3Qtl-,dayof fV\ C\. 'i ,2008 befpre me, the underSigned, a notary public In and for said County and State, personally appeared the Within named ~cr;" "" r: ~1f),9f w)1~e Identity was proved to me on :the baSIS of satrsfactory eVlde'hc~~ ~"Br wliO '&'ecuted 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 . OffiCIAL SEAL GuY R DENT NOTARY PUBUC-QREGON COMMISSION NO 399556 MY COMMISSION EXPIRES Nav 14, 2009 A~o=-' Notary Public for Oregon ... ~ .... ~ ~'''''' ,.., RECEIVED JUN 6 2008 By: (JrJ? Page3of3 . After recordmg, please return to. City of Spnngfield 225 Fifth Street Spnngfield, OR 97477 Attn Denms Ernst, CIty SurveyOl Division of Chief Depuly Clerk ~OOD.O'0901 Lane Counly Deeds and Records , U V 111111111111111111111111111111'1111111111 III $41.00 01100834210:00309 100400'7 . 06/03/200801:27:37 PM RPR-ESMT Cnl=1 Sln=1 CASHIER 05 $20 00 $10 00 $11 00 PUBLIC TRAIL EASEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washmgton non- profit corporatIOn, herel11after refeHed to as "Grantor," and the CITY OF SPRINGFII:LD, a mUlllclpal COlporatIOn orgamzed and eXlstmg under the laws of the State of Oregon, heremaftel refeHed to as "Grantee" or "City" RECITALS A Grantor owns the real property descnbed as Parcell of Par tIll on Plat No 2002-PI627, filed as County Survey No 37813 m the office of the Lane County Surveyor, recorded as ReceptIon No 2002-095796, Lane County Deed Records ("Grantor's Property"), B As a conditIon of the tentative subdlVlsIOn approval (ConditIOn #29 of SOO2005-00012), Grantor IS oblIgated to grant Grantee a publIc trail easement under the terms cont3lned herem, C The easement IS a 30-foot-wlde publIc tral] easement descnbed on ExhIbit A and - ExhIbIt B attached hereto and by tlus reference mcorporated herem ("Game Fann-Road South__ TraIl"), AGREEMENT 1, Grantor grants to City a perpetual non-exclUSIve publIc trail easement on the Game Fann Road South TlaJ! 2. The G3Ine Farm Road South Trail shall be avatlable for the publIc to use as a multi-use path 3. The Game Farm Road South Tratl shall be repaired 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 Opcn PublIc Storm Dramage Systems m Order to Comply WIth ConditIOn 2], CondItIOns of Approval, R1verBend SubdlVlsIOn Tental1ve Plan SUB 2005-00012, of the City of Spnngfield dated May 10, 2005, and recorded Oll May 10,2006, ReceptIOll No 2006-032093 - RECEIVED PUBLIC TRAIL EASEMENT - I JUN 6 2008 'j)" "'.. L. TV'ci I By. Ea.s~ - ~=,~d . (..Op't , FOR GRANTOR: PeaceHealth By Name Title Mel Pvne Senlor Vlce President FOR GRANTEE/CITY' [HE CONVEYANCE set forth rn tlllS rnstrument conveymg title or rntcre,t to the CIty of Spnngfield, a Murucipal CorporatIOn of the State of Oregon, IS hereby approved, and the title or Interest conveyed therem IS hereby accepted C1TYOr-~~ Vv~ -~:;~~U:- 3","<. CIty of Spnngfield Surveyor I A Ie th. r,'J Mo(Y' h e~ d I>y STATE OF OREGON ) ss County of Lane ) The foregOIng Instrument was aoknowledged Ma, ,2008, by Mel Pyne PeaceHealth, a WashIngton non-profit corporatIon before me thIS 22no day of as Senlor Vlce Presldenef 'l"'- --:"'---:.-::'$": .:: = ~ .., ,." c. Cj . OFFICIAL SEAl '" STELLA Y MC CASE ': ,." NOTARY PUBLIC OREGON " COMMIFSION NO 402822 " ~ MY COMMISSION EXPIRES FEB 26 2010,: ~-----::-~~~'''....7..:::."'~ -~. ,_....:::~ ~ U--m:(\f1~_ Notary Pubhc for Ql.egon !:'lltl/_/ln My COmnusslOn EXpIres ~ STATE OF OREGON ) ) ss County of Lane The foregOIng Instrument was acknowledged before me thIS ?:, (J day of ~ -- .2008, by C/.((l(~ !-<t[Y,(lf,eM as Grr( "d"ve{('v' AJc. of the CIty of Spnngfield, a munICIpal corporatIOn orgamzed and eXIstIng under the laws of the State of Oregon ~........._---- ~, ~ ~ ~.J/D~ Notary Pubhc for Olegon My CommiSSIOn Expires "lev l Y. ?CO'1 . OFFICIAL sEAL GuY R DENT NOTARY PUBUC-0REGON COMMISSION IW 399556 MY COMMI,SION [)(PIRES NOV H, 2009 "..~..~...-..-.. RECEIVED PUBLIC TRAIL EASEMENT - 2 JUN 6 Z008 a~ By: EXIDBIT 'A' Legal Description Public Trail Easement City of Springfield, Lane County, Oregon May 22, 2008 A tract of land located III the Northeast and Southeast quarters of SectlOn 22, TownshIp 17 South, Range 3 West, WlIlamette Mendlan, CIty ofSpnngfield, County of Lane, State of Oregon, bemg a portIOn of Parcel I ofPartltlOn Plat No 20U2-PI627, tiled as County Survey No 37813 10 the office of the Lane County Surveyor, recorded as Receplton No 2002-095796, Lane County Deed Record~, more partlcu,larly descnbed as follows BEGINNING at the southwest corner of Said Parcel I of saId PartItIOn Plat No 2002-PI627, Said pomt bemg further descnbed as a pOInt on the easterly nght-of-way Ime of Game Fann Road S (County Road No 3), thence along Said easterly nght-of-way Ime North 01007'36" West 371 14 feet to the north Ime of Said Parcell, thence leaVIng Said easterly nght-of-way hne along said north hne South 88016'40" East 30 04 feet to a pomt on a hne Iymg 30 00 feet easterly of and parallel Wllh, when mea;ured at nght angles to, saId eastelly nght-of-way Ime of Game Farm Road S , thence along Said parallel Ime South 01007'36" East 371 14 feet to a pomt on the southerly Ime of Said Parcell, thence along Said southetly Ime North 88016'41" West 30 04 feet to Pomt of Begmmng Contammg 11,134 square feet (0 256 acres), more or Icss The baSIS of beanngs fO! thiS descnpl10n IS the beanng between the found monuments markmg the northeast and northwest comers of the WIlham M Stevens Donal1on Land ClaIm No 46, bemg North 88016' 40" West, Oregon State Plane Coordmate System (South Zone) All as shown on Exhlbtt 'B', attached hereto and by tillS leference made a part hereof REGISTERED PROFESSIONAL LAND SURVEYOR ,(fl~. M ~" , OREGON V AN 15,2002 DANNY M DENNING #56640 ~ RECEIVED lEXPIRES /2-- 3/-0Q I JUN 6 2008 12Y; By~ ~~ "'t""' :::~ / ." TAX LOT 1912 LOT 12 EXHIBIT 'B' 888'1640 E 3004' p - > :-" :s:: '" zl t'j -" :: ~ z CIl CIl 0.0 0 'l ~d ~~~ TAX LOT 19]3 '" "'~_-S '" LOT 13 " ~ - '" 0- '" ~'" ",-" '" tl :E '" t1 '" (J) ,. () '" t'J !!J 1+ TAX LOT 2000 PARCEL I ] 68 ACRES RECEIVED JlN 6 2008 By~ a Y- PARTITION PLAT NO 2C02-P1627 - 3000 - 3004 \N88'1641"W-- -... \.. SW CORNER OF PARCEL I POINT OF BEGINNING PLAT TO ACCOMPANY LEGAL DESCRIPTION /1!Ifrn c........ .-. ~tt1B.WFil'thAnrlUII ..... uoo Portlv.d, OrltQOll 81204 5O~:U7"U1 PARCEL 2 2 32 ACRES NB8-16 40 W 42760 PUBLIC TRAIL EASEMENT PEACEHEALTH RIVERBEND SUBDIVlSION SPRINGFIELD, LANE COUNTY, OREGON 301140- PUBL- TRAI. ESMT I DATE OS/22/08 IscALe I "50 I CONTOuR INTERVAL. N/A I PROJECT NO 30114078 ISHEET 1 OF' I .. RECEIVED PUBLIC WAY USE AGREEMENT JUN 6 Z008 u..~ Po.b Ilc. WClA-j duI B . Alr~:-J2J.CIlI' . y. - (.bP1 THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washmgton non- profit corporatIOn, heremafter referred to as "Grantee," and the CITY OF SPRINGFIELD, a murncIpal corporatIOn orgaruzed and eXIstmg under the laws of the State of Oregon, heremafter referred to as "Grantor" or "CIty " WITNESSETH: SectIon 1 DefmltIons. SectIOn I I As used m this Agreement, all words and phrases shall have theIr customary usage and meanmg, provIded, however, that the terms defmed m SectIOn 4 600 of the Spnngfield MurncIpal Code shall have the mearung set forth therem, and the followmg terms shall be defmed as follows SectIOn I I I "CIty" shall mean the City of Spnngfield and all areas WItInn Its corporate boundanes, meludmg as those boundanes may be changed from tlIDe to tIme m the future SectIOn 1 I 2 "CouncIl" shall mean the common councIl of CIty as set forth m Artlele III of the Spnngfield Charter SectIOn 1 I 3 "Person" shallmclude an mdIvldual, corporatIOn, assOCiatIOn, finn, or any other busmess entIty havmg the legal authonty to do bus mess wItInn the state of Oregon SectIOn I 2 As used herem, the smgular number may melude the plural and the plural number shallmelude the smgular SectIOn 1 3 Unless expressly provIded to the contrary herem or III the Spnngfield MunlClpdl Code, any actIOn authonzed or reqUired to be taken by City pursuant to thIs Agreement may be taken by the Council or by the City Manager or any offiCial or agent deSignated by the Council or the City Manager SectIon 2 RJ!!hts Granted_ SectIOn 2 1 Grantor hereby grants to Grantee the nght to use the public way deSIgnated as St Joseph Place as shown on the RIverBend Phase II plat recorded . '? ,b c 2<106' . ("Public Way") SectIOn 2 2 Subject to the condItIOns and reservatIOns set forth herem, and the proVIsIOns of the Spnngfield MunICipal Code, City grants to Grantee the nght, pnvIlege and power to construct, use and mamtam a pnvate dnve and SIdewalks ("FaCIlitIes") on the Public Way untIl such tlIDe as a public street IS constructed on the Public Way and further grants Grantee all other nghts, pnvtleges and powers necessary or mCIdent to the use, constructIOn and mamtenance of such FaCIlitIes After recording rGtum fo Lane COUnty Surveyors Division of Chief Deputy Clerk Lane County Deeds and Records l~~~.~J~~~l PUBLIC WAY USE AGREEMENT - 1 11111111 1III III 11111111 "'"11111111111 $46,00 1110083~2J0~0~30902005'050 06/03/200801:27:37 PM RPR-ESMT Cnl=1 Sln=1 CASHIER 05 $25 00 $10 00 $11 00 RECEIVED JUN 6 Z008 SectIon 2 3 The nghts granted herem shall not confer on Grantee ~~~ "'" iJ. ~ Interest In any PublIc Way beyond that expressly conferred by the prOVISIOns oftlus SectIOn 2, nor shall It confer any nght or pnvllege to use or occupy any other property of City or any other entIty SectIOn 3 Reserved Rt!!:hts SectIOn 3 I CIty reserves the nght, Without l11D1tatlOn, to SectIOn 3 I I construct, mstall, maIntam and operate any publIc rmprovement, work or faCIlIty In, on, over or under the PublIc Way, SectIOn 3 I 2 perform or authonze or dITect the performance of any work that City may fmd desirable or converuent m, on, over or under any PublIc Way, or SectIOn 3 I 3 vacate, alter, or close any PublIc Way SectIOn 3 2 Whenever City shall perform or cause or permit to be performed, any work m the PublIc Way or the VIClDlty of the PublIc Way where such work may disturb or Interfere With the FacilitIes, City shall, or shall reqUire Its perrmttee, to notify, In wntIng, Grantee suffiCiently In advance of such contemplated work to enable Grantee to take such measures, mcludmg removal or relocalion of such FacilItIes, as may be deemed necessary to protect such FaCIlItIes, at ItS own expense Seclion 33 Whenever Clty shall vacate any PublIc Ways for the converuence or benefit of any person or governmental agency and mstrumentalIty other than City, Grantee's nghts shall be preserved as to any of ItS FaCIlItIes then eXlstmg m such PublIc Way SectIOn 4 Care of FaclhtIes. SectIon 4 1 The FaCIlItIes shall at all tImes be mamtamed and operated m a safe, substantml and workmanlIke manner SectIOn 4 2 For the purpose of carrymg out the proVISIOns oftlus sectIOn, City may proVide such speCificatIOns relatmg thereto as may be necessary or convement for the public health, safety and welfare, or for the orderly development of City City may amend and add to such specificatIOns from tIme to tune SectIon 5 ActIVItIes 10 the Pubhc Wav. SectIOn 5 I Grantee shall obtam such perrmts as may be reqUITed by law pnor to commenCIng the constructIOn, extensIOn or relocatIOn of any of ItS FaCIlItIes m the PublIc Way SectIon 5 2 Pnor to commencmg any constructIOn, extensIOn or relocatIOn of FaCIlItIes m the Public Way, Grantee shall file drawrngs, m such form as may be acceptable to the City Engmeer, ShOWIng the locatIon of eXlstmg faCIlIties and faCIlItIes to be constructed, mamtamed, or relocated FollOWIng completIOn of such constructIOn, extenSIOn, or relocatIOn, Grantee shall file draWIngs and maps, m such form as may be acceptable to the City Engmeer, showrng the FaCIlIties as actually constructed, extended, or relocated PUBLIC WAY USE AGREEMENT - 2 Page 2 of5 RECEIVED JUN 6 2008 SectIOn 5 3 Except m an emergency, Grantee shall ~ake no excavaBy~mag,:~ a ~ other mtruslOn mto the PublIc Way WIthout havmg fIrst obtamed such pemut as may be requITed by law SectIOn 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 tune to tune SectIOn 5 5 If at any tune Grantee shall make any operung, excavatIOn or other mtruslOn mto the PublIc Way, Grantee shall promptly restore the PublIc Way to the same condItIOn m winch It was pnor to the openmg, excavatIOn or mtruslOn, all m accordance WIth CIty Standard ConstructIOn SpecIfIcatIOns as then 10 effect, provIded, however, that at any tune CIty may effect such restoratIOn, the full cost thereof shall be paId by Grantee SectIon 5 6 Should Grantee fall 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 reunburse CIty for the full cost of such restoration and, m addItIOn, pay a penalty equal to two tunes the full cost of such restoration SectIOn 6 Safetv Standards and Work SoeclficatlOos. SectIOn 6 1 The FacIlIties of Grantee shall at all tunes be mamtamed m a safe, substantial and workmanhke manner SectIOn 6 2 For the purpose of carrymg out the proVISIOns of tins sectIOn, CIty may provIde such specIficattons relatmg thereto as may be necessary or convement for publIc safety or the orderly development of CIty CIty may amend and add to such specIfIcatIOns from tune to time SectIon 7 IndemmficatIon and Insurance. SectIOn 7 I Grantee shall defend, mdemmfY and hold harmless CIty, Its agents, servants and employees from and agamst all c1auns, demands and Judgments (mcludmg attorney fees) made or recovered agaInst them mcludmg but not luruted to damages to real or tangIble personal property or for bodIly mJury or death to any person, ansmg out of, or 10 connectIOn WIth tins Agreement, to the extent of such damage, mJury or death IS caused or sustaIned m connectIOn WIth the performance by Grantee or Its employees, servants or agents SectIOn 7 2 Grantee WIll, at all tunes, carry a CommerCIal General LIabIlIty msurance polIcy for at least $1,000,000 combmed smgle luruts per occurrence and at least $2,000,000 m the aggregate, for BodIly Injury, Properly Damage, and Personal Injury CIty, ItS agents, employees and offiCIals, all wlnle actmg wItlun theIT offiCIal capacIty as such, shall be named as an addItIOnal msured on the polIcy of msurance A current PUBLIC WAY USE AGREEMENT - 3 Page 3 of5 certificate of msurance evidencmg any policIes requued by tins Agreement shall be on file wIth CIty at all tlllles A 30-day notice of cancellatIOn clause shall be mcluded m Said certificate CIty has the fight to reject any certificate for unacceptable coverage and/or comparues SectIOn 8 AssIlmment of Rt!!"hts . SectIOn 8 I Except as provIded m tins sectIOn, Grantee shall not asSIgn or othefWIse transfer tins 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, wluch consent shall not be unreasonably wIthheld or delayed Grantee shall gIVe CIty not less than tlnrty (30) days' wntten notIce of any such transfer or asstgnment For the purpose of deterrmrung whether or not It WIll consent to such transfer or asSIgnment, CIty may, wlthtn tlurty (30) days ofrecelvmg notice of the proposed transfer or asSIgnment, conduct a revIew of the financIal or techrucal abIlity of the proposed transferee or assIgnee SectIOn 8 2 Tlus Agreement and each of the partIes' respective nghts and obligatIOns under tlus Agreement, shall be bmdmg upon, and mure to the benefit of, the partieS hereto and each of thelf successors and assIgns SectIon 9 TermmatlOn of A!!"reement SectIOn 9 I Tlus Agreement shall tenmnate at such time as a public roadway IS constructed on the Public Way SectIOn 9 2 Upon the failure of Grantee, after SIXty (60) days' notice and demand m wntmg, to perform promptly alld completely each and every term, condItIOn or obligatIOn Imposed upon It under or pursuant to tins Agreement, CIty may termmate tlus Agreement SectIOn 10 RemedIes. SectIOn 10 I All remedIes and penaltIes under tins Agreement, mcludmg termmatlOn of the Agreement, are cumulative, and the recovery or enforcement of one IS not a bar to the recovery or enforcement of any other such remedy or penalty The remedIes and penalties contamed m tlus Agreement, mcludmg termmatlOn of the Agreement, are not exclusIve, and CIty reserves the nght to enforce the prOVISlOns of any ordmance or resolutlOn and to avarlltself of any and all remedIes aVailable at law or m eqUIty Failure to enforce shall not be construed as a waiver of a breach of any term, condItion or obligatlOn Imposed upon Grantee by or pursuant to tlus Agreement A specIfic waiver of a partIcular breach of any term, condItlOn or obligatIOn lIllposed upon Grantee by or pursuant to tlus Agreement shall not be a waIver of any other or subsequent or future breach of the same or of any other term, condItion or obligatIOn, or a waiver of the term, condltlOn or obligatIOn Itself R E C E IVE D SectIon 11 Comnlete A!!"reement PUBLIC WAY USE AGREEMENT - 4 JUN 6 2008 By: t2~ Page 4 of5 SectIOn 11 1 This Agreement represents the whole agreement between the parties and shall supersede all other agreements and understandmgs, whether oral or m wntmg, between the parties with respect to the subjects covered by this Agreement This Agreement may not be modified except by a wntmg executed by both parties to the Agreement IN WITNESS WHEREOF, the parties, by theu duly designated representatives have executed this Agreement as oftlus~ day of 1'YDAr- .. 2008 R E C E IVE D FOR GRANTEE: FOR CITY: PeaceHealth ~ By Name Title Me! Pvne Semor Vice President STATE OF OREGON ) ss County of Lane ) JUN 6 2008 ;J;L Id . , ~ '/4' O:;;"rdW/,t/ ~/ 7k" ~A"EC" /P'.A'" V The foregomg mstrument was acknowledged before me this 22nd day of May, 2008, by Me! Pyoe as Semor Vice President of Peace Health, a Washmgton non-profit corporalion j~=:' - = :.. - - -...~--=-"""""'=c . Of-FICIAL SEAL- . '~! STELLA Y MC CASE I{ NOTAR~ "JBlIC OREGON COMMIS"IClN NO 402822 ' MY COMMISSI,)N [XP,RES fEB 26, 201Oi~ STA 180~~"I'""-_""-",,,,-,,,~' ss County of Lane ) ~Q)CA..- Uc YY'cQqh..L Notary Public for ~egon My ComrmsslOn Expires cQ 1&0 II 0 , , The foregomg mstrument was acknowledged before me this s,<:l day of ~A-t- 2008, by LE:h-C G",,<>o<..I.....r . ask."" ?tJ OIl2.....q~iL of the City of Spnngfield, a mumclpal corporatIOn orgamzed and eXlstmg under the law of the State of Oregon lJ.. ~O...-- Notary ;u~or Oregon My CommissIOn Expues ;...iD oJ I Y. 2-cc "! I) OFFICIAL SEAL GuY R DENT NOTARY PUBUC-0REGON COMMISSION NO 399556 MY COMMISSION EXPIRES NOV 14,2009 Alf1'roved an~ accepted by ~~ PUBLIC ~ )\ Y uSE AGREEMENT _ 5 CIty of SprIngfIeld (CIty Surveyor) 66/03/0$ Page 50f5 - '-Phil- JOURNh~ ~~~ORT JOURNAL NUMBER '5 ()r3ZfJO<Z - /)()()jt1 TAX ASSESSOR MAP # TAX LOT # APPLICANT NAME DWELLING UNITS ESTIMATED POPULATION '--f?A.AJ-Vt ~~ - tJ~~ ~ I I I I ., ACRES OWNER NAME PROPERTY LOCATION CITY LIMITS(Y/N) UGB (Y/N) KEY LOT(Y/N) ASSOCIATED LOTS DATE SUBMITTED .1 I I DATE ACCEPTED STAFF CONTACT DRC DATE SPRINGFIELD ZONING STAFF DECISION(LTR), DATE J j~' ~/)) METRO PLAN DESIGNATION REFINEMENT PLAN DESIGNATION REFINEMENT PLAN NAME PLANNING COMMISSION DECISION DATE HEARINGS OFFICIAL DECISION DATE (only ifUGB) BOARD OF COMMISSIONERS DECISION DATE (only ifUGB) (] / ~ CITY COUNCIL DECISION DATE APPLlCA TIONIREQUEST APPROVED (Y/Nl (Zone change, Metro Plan) EFFECTIVE DATE EXPIRATION DATE OTHER ASSOCIATED APPLICATIONS LAST UPDATE I I I ~ CONDITIONS COMMENTS