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HomeMy WebLinkAboutApplication APPLICANT 5/26/2020City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Tree Felling Permit SPRINGMELD �q w - iRequired Project Information (Applicant: complete this section) .Applicant Name: Cf1UC/! SHc ��.AR7 Phone: S-09 • 967 , OY80 Cerny. AJ 14 --.. _.. _. 'Fax: _ Address: 7130 S 397W,4 £ ty .r-,—P10V49.UrJ k44 `/Y.7S3 Company: Q� L/ (`o,J2-,eACi oRJ GL c Address: d P W.Q JT. 17-7�' JiOk /6, //r(� OR 97 Y7 7 Property Owner: Cflyr C.fNt"F'Pi;'R 7) Phone:509 9167 OY80 Company: A✓/R ��IAddress: � � � u 1 _Fax: rN '. 38 AG.vWA 993S-3 � ASSESSOR'S MAP NO: /8030�2a �1 TAX LOT NOS . 00Y01 (Property Address: `Size of Property: � 9S 04/e Jj7 .TPRra/GFiE-ca, OR 9 7 `/ 7'7 / O Acres X Square Feet ❑ ', Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal:__ /J �ACHCD Signatures: Please si Associated Cases: n and rint our name and date in the appropriate box on the next Signs: Daqe. Case No.: Date: Reviewed Il Application Fee: $ Technical Fee: Posta a Fee: TOTAL FEES: $ PROJECT NUMBER: Revised 1/1/08 Molly Markanan I of q Signatures The uMeslgred acknowletl�rtletMe pYmrtalSOP In Ut-PP0�d0a @ cam¢ and av .a Appli®nt: d•4 --fit Dazs Segnatvre CNu cm .ryc PpARa Print n ue aPPawrts as erre a.IMr, pz onner� sranro omnlagn forme'aPPlma�ro axm nWher Pahalr. Owner: I", Segnatere Ci; Usk _ Sy c`PPA?a Print .,k V( a Mpllr 203 Tree Felling Permit Application Process 1. Applicant Submits a Tree Felling Permit Application to the Development Services Department The application must conform to the Tree Felling Permit Submittal Requirements Checklist on page 4 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Tree Felling Permit Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check • Planning Division staff conducts a detailed completeness check within 30 days of submittal. • The assigned Planner notifies the applicant in writing regarding the completeness of the application. • An application is not be deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. • Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application and Issue a Decision • This is a Type II decision and thus is made after public notice, but without a public hearing, unless appealed. • Mailed notice is provided to property owners and occupants within 300 feet of the property being reviewed and to any applicable neighborhood association. In addition, the applicant must post one sign, provided by the City, on the subject property. • There is a 14 -day public comment period, staring on the date notice is mailed. • Applications are distributed to the Development Review Committee, and their comments are incorporated into a decision that addresses all applicable approval criteria and/or development standards, as well as any written comments from those given notice. • Applications may be approved, approved with conditions, or denied. • The City mails the applicant and any party of standing a copy of the decision, which Is effective on the day it is mailed. • The decision issued is the final decision of the City but may be appealed within 15 calendar days to the Planning Commission or Hearings Official. R Av ed 1/1/Oa Polly Markarian 3 of 5 Tree Felling Permit Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ❑ Submitted Concurrently with Site Plan Review or Land Division applications, where applicable. ❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. , OA; C/_ c`.161c7- FEE Tree Felling Permit Application Form ! r K.A! o<.lAj ;, Copy of the Deed -raEopA2v`✓ iJiC[. Nli4Kr �y P,4Y.j �4 Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances. Narrative explaining the proposal and any additional information that may have a bearing in determining the action to be taken, including findings demonstrating compliance with the Tree Felling Permit Criteria as specified in SDC 5.19-125 (see page 4 of this application). NOTE: Before the Director can issue a Tree Felling Permit, information submitted by the applicant must adequately support the request. All of the Tree Felling Permit Criteria must be addressed by the applicant. Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. In certain circumstances, it is advisable to hire a professional planner or land use attorney to prepare the required findings. The Director or the Public Works Director may require the applicant to provide the services of a professional forester (approved by the City)., licensed hydrologist, or licensed landscape architect in order to address the standards in SDC 5.19-125 for undeveloped property greater than 10 acres in size or 15% slope or above an elevation of 670 feet. �. Three (3) Copies of a Plot Plan drawn to scale to include: .The species or common name of the trees The location of trees to be removed and their sizes �c The method of tree removal and the hauling route to be used gA description of any plan (Vegetation and Re -vegetation Report) to replace, landscape, or otherwise reduce the effect of the felling that addresses the applicable criteria in SDC 5.19-125. — ALL T2c'E.T 13,'INGR6Mo dEL`7 A2E rJl:Mi.✓ HDHJE Fooi ®Kr,✓ i Copy of the Plot Plan Reduced to 81/:" X 11", which will be mailed as part of the required neighboring property notification packet. Revises 1/1/08 Molly Mar nan 4 of 5 F6.19-125 Criteria The Director, in consultation with the Public Works Director and the Fire Chief shall approve, approve with conditions or deny the request based on the following criteria: A. Whether the conditions of the trees with respect to disease, hazardous or unsafe conditions, danger of falling, proximity to existing structures or proposed construction, or interference with utility services or pedestrian or vehicular traffic safety warrants the proposed felling. B. Whether the proposed felling is consistent with State standards, Metro Plan policies and Cily Ordinances and provisions affecting the environmental quality of the area, including but not limited to, the protection of nearby trees and windbreaks; wildlife; erosion, soil retention and stability; volume of surface runoff and water quality of streams; scenic quality; and geological sites. C. Whether it is necessary to remove trees in order to construct proposed improvements as specified in an approved development plan, grading permits and construction drawings. D. In the event that no Development Plan has been approved by the City, felling of trees will be permitted on a limited basis consistent with the preservation of the site's future development potential as prescribed in the Metro Plan and City development regulations, and consistent with the following criteria. 1. Wooded areas associated with natural drainageways and water areas shall be retained to preserve riparian habitat and to minimize erosion; 2. Wooded areas that will likely provide attractive on-site views to occupants of future developments shall be retained; 3. Wooded areas along ridge lines and hilltops shall be retained for their scenic and wildlife value; 4. Wooded areas along property lines shall be retained to serve as buffers from adjacent properties; S. Trees shall be retained in sufficiently large areas and dense stands so as to ensure against windthrow; 6. Large-scale clear -cuts of developable areas shall be avoided to retain the wooded character of future building sites, and so preserve housing and design options for future City residents. E. Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. F. Whether slash left on the property poses significant fire hazard or liability to the City. G. Whether the felling is consistent with the guidelines specified in the Field Guide to Oregon Forestry Practices Rules published by the State of Oregon, Department of Forestry, as they apply to the northwest Oregon region. K Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Revised 1/1108 Molly Markarian 5 of 5 Proposal Description -Tree Removal Narrative May 18, 2020 Owner - Chuck Shepard 509-967-0480 Applicant Rep — Kevin Picknell 541-580-0954 295 Oak St. Springfield, OR 97477 ASSESSOR'S MAP NO: 18030224 TAX LOT: 00501 In reference to the current plot plan in review with the City of Springfield. We are requesting to remove the following trees within the home footprint and within 10' of new home foundation. 10 (ea.) Oak tress — DBH listed individually on plot plan 2 (ea.) Pine Trees — DBH listed individually on plot plan West Lane Tree Service will be falling the trees. Tree tops and branches will be chipped on site. Additionally, they will be grinding the stumps to minimize disturbance to the area. The remaining tree roots will be removed with an excavator. I have attached 3 copies of scaled plot plan with the trees listed. E Lane County V=10a SEEMAG 1@130212 10 111111[-� mW 019- 29 27 in DISCLAIMER r aui owryeryce w TRENCIIING LENGTHS: ALL EARTHEN CUT AND .•. ' w is urwmM is m .xsoe .: rxiE 5 N YA.NMgIMAiE A 61t1 W M@LYM6Y.V�M NW. NAYSBfiWI YNEry WnMP1e50N4FOR O p�Ne VEIA�OBB7 WIA WMF9 d Ip4C OAK V glliyN6p�m+rvnu'E�oµlsN.vpry9 n3izoz° FLATWORK AREAS CviroMePm+ �Is¢,,..f/13/E@0 � Rw roRPL..� R �9g G<MGBLM/6WnT MTr.<W66 P. _ _ _ _ � SN00PIV9WAY- PiE.u03P 7 I i C�MPERVIOUS SURFACESF yveaiMrenxousau�cee._.-_ u�c PLOT PLAN TAX LOT:IDJl03NW5a1 TW OAKSTRCL: 6VRINGPIELD, OR M9�9 $R 8� ll C w �I ALL EARTHEN CUT AND ° FILL AREAS TO BE I MAXIMUM SLOPH OF 1;2 O p�Ne OAK $R 8� ll C 0 Fidelity National Title Company of Oregon PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the specified date, a policy or policies of title insurance describing the land and the estate or interest hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in Exhibit One. Copies of the policyfonns should be read. They are available from the offcewhich issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a/an Florida corporation. Please read the exceptions shown or referred to herein and the Exceptions and Exclusions set forth in Exhibit One of this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This preliminary report is for the exclusive use of the parties to the contemplated transaction, and the Company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the Company reserves the right to amend or supplement this preliminary report. Countersigned Q� P dein ryReport Pnn[ 05.20.20®08:20 AM OR—SPS-1-2680221908055 Fidelity National Title CompanyofOregon 800 Willamette Street, Ste 500, Eugene, OR 97401 (541)6835422 FAX (541)683-5437 PRELIMINARY REPORT ESCROW OFFICER: Sondra Johnson ORDER NO.: 60221906055 sondra.johnson@fnf.com Supplement 2 - Update for 541-683-5422 surveying purposes post close TITLE OFFICER: Londa Minyard TO: Fidelity National Title Company of Oregon 800 Willamette Street, Ste 500 Eugene, OR 97401 ESCROW LICENSE NO.: 960500242 OWNER/SELLER: G & B Farms, LLC, an Oregon limited liability company BUYER/BORROWER: Charles M. Sheppard and Joann Sheppard PROPERTY ADDRESS: Oak Street - Lot #8, Springfield, OR 97477 EFFECTIVE DATE: May 15, 2020, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM ALTA Owner's Policy 2006 $ 215,000.00 $ 738.00 Owner's Standard Proposed Insured: Chart as M. Sheppard and J oann Sheppard 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Charles M. Sheppard and Joann Sheppard, as tenants by the entirety 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF LANE, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF P aimina, Report Printed 05.20.20®08:20 AM OR ­SPS -1-26 8 02 219 0 80 5 5 Order No.: 60221906055 Supplement 2 - Update for surveying purposes post close EXHIBIT "A" Legal Description Lots 8, Block 11, AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD, as platted and recorded in Book 4, Page 78, lane County Oregon Plat Records, in Lane County, Oregon. Prdm nre Report PnnWd! 06.20.20@0&21 AM OR—SPS-1-2680221908055 Order No.: 60221906055 Supplement 2 -Update for surveying purposes post close AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any fads, rights, interests or claims, which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, which are not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing improvements located on adjoining land onto the subject Land), encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the subject Land. 5. Any lien or right to a lien for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6. [Intentionally Deleted] 7. [Intentionally Deleted] 8. [Intentionally Deleted] 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Private utility, including the terms and provisions thereof Recording Date: August 14, 2018 Recording No: 2018-037887 Affects: Reference is hereby made to said document for full particulars 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 14, 2018 Recording No: 2018-037888 Preliminary Report Pnnt 06.20.20@0&21 AM OR ­SPS -1-26 8 02 21908055 Order No.: 60221906055 Supplement 2 -Update for surveying purposes post close 11. Easement(s) for the purpose(s) shown below and rights incidental thereto asset forth in a document: In favor of: City of Springfield, acting by and through its Springfield Utility Board Purpose: Electric distribution, fiber optic and telecommunication lines Recording Date: August 15, 2018 Recording No: 2018-038188 Affects: Reference is hereby made to said document for full particulars 12. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 13. [Intentionally Deleted] 14. [Intentionally Deleted] 15. [Intentionally Deleted] 16. The proposed transaction may be subject to statutory requirements for the partitioning or subdivision of land pursuant to Chapter 92 of Oregon Revised Statutes. Violation may subject parties to both civil and criminal penalties. Furthermore, title insurance policies do not provide coverage against violation of these statutes. ADDITIONAL REQUIREMENTS/NOTES: A. This report is being updated for surveying purposes only. B. Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2019-2020 Amount: $770.61 Levy Code: 01924 Account No.: 0579175 Map No.: 18030224 00500 'Vacant Land including additional property' "Subject property has been assigned a newtax account number of 1903460 and Map 18030224 Tax Lot 00501. Amounts will be available next fiscal year (202G-2021)— Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. C. In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final 2006 ALTA Policy unless removed prior to issuance. D. Note: There are no matters against the party(ies) shown belowwhich would appear as exceptions to coverage in a title insurance product: Parties: Charles M. Sheppard and Joann Sheppard E. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. F. Note: Effective January 1, 2008, Oregon law (ORS 314.258) mandates withholding of Oregon income taxes from sellers who do not continue to be Oregon residents or qualify for an exemption. Please contact your Escrow Closer for further information. Preliminary Report Print 06.20.20@0&21 AM OR ­SPS -1-26 8 02 21908056 Order No.: 60221906055 Supplement 2 -Update for surveying purposes post close G. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEYABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW AGENT. H. Recording Charge (Per Document) is the following: County First Page Each Additional Page Lane $87.00 $5.00 Note: When possible the company will record electronically. An additional charge of $5.00 applies to each document that is recorded electronically. Please email your release to the following email address: MVLaneCounty@titlegroup.fntg.com Note: Please send any documents for recording to the following address: Portland Title Group Attn: Recorder 1433 SW 6th Ave. Portland, OR. 97201 Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Preliminary Report Print 06.20.20@0&21 AM OR ­SPS -1-26 8 02 21908056 EXHIBIT ONE 2000 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (00-17-06) EXCLUSIONS FROM COVERAGE The bllown, matters we damsel aautled M1am he coverage N his po ley and IM1e Cumpam, WII rat lay I— w damage, mYz, dl«net'slees or elyaaez Nat adds by sono 1. (a) Arty law, dtllmme a go/aranerdd regulation (IndWing but cot limited to building and xmI,) match g, regulatlng, morning or relatiig to OI he occrpaaY.us,megaymem of lM1e Lantl; QI) IM1e dvlaNa, tllmerd«aar location d airy Impmvemed ereclM an IM1e IoM; QII) m a zrMlwdon dlaM: « ON thirmaandl any v n; pa Ila es T of airy vin lronl(a) o theme modiflaws,y «limit the or govni rthemal breathed unces «2 This &elmlon 1(a) tices not motllty « IImI11M1e cwerrye pmNtletl mtlegCw»etl talc 5. (b)Alar mWcrowe polce powerThisRic 6duslm 1(b)ticesnot matllh lir limit he amage pmWQtlunin This etl Rick 6. 2. Rights W e nett domain. This Elusion does not modify «limit IM1e covera,e provides untl, emm tlRisk]or6. 3. Detects,Iiens,encunMnce;a rWordaims,«Nnspmatters (a) creates, nsuffered,the assumes or Worked to by TM1e Insures Claimant yards (b) not known to IM1e Camlarry, cot recorded In he Public Ravtlz at Date W Pdlcy, batknown to the Imvea Claimam ma ml disclosed In xrltlng to IM1e Company by the Imurea the ppm to IM1e date the Innes Claimaa became an Insures unlarthreptaki (c) poultry In no loss orbital b IM1e Irzrea Claimant, (a) a tacHng or created sWx4mt b Dale of Policy makeever, his dna ria[ motlh mllmlt icoverage amagetlrntlerCw act avid, b,t3,ucib);m (e) Channels In loss «dams r Mat cal ml age macro aaGlrctl II IM1e Imvetl Clatmab M1atl paid value the IIrwetl Moagage. 6 UrcnMsured to comply wNthe Insureappica a doinge bemutt aws of a edged hllure of lir Insured m comply v^N IM1e apglmde doing-bualnes laws N he 9ak wfare the Walz situates Invalidly 5. areas mat Inwinds antropal oftheIlanofa In ndiMartgaae Nat a of aI ora lamacreci ertlmcM by IM1e Insures M«Igage and Iz based rpm assay,datar a, Mmmasonunner of dtpndctlit or fied. taing law. 8 Arry calm, by r®car al dallaws halt he of leaaat coming the slate f dal dray m similar pe, is agdz law; tivt he barrmctlan creNlig IM1e Ilea al IM1e Iwzea Mdga3e lz (a) a ficauclusmall A nveymm ahaeason treader, a (b) a peMmtlat barakr M arty reason cot fides In he Covered! Rusk 13(b) of had pallcy. 1 Arry Manan he Titlerheads epares _ zmmhmpaxtlbyg aMat a®ordbat DgeofPouaraMetldNmwMili d dal arrretl Maag In dal %hic Records This Eclusm tloz rod mach a limit dal sove3p.dd udarCwretl Risk 11(b) The abwe pday form maybe issued to ambtl clM1er 9antlaN Cava Je a ExteMetl Coverage. In addition to TM1e aMce IXduzlam4om Coverage, the Exceptlons tram C verage Ina &ended Coverage poky NII also include the following Excepllom Ym Coverage SCHEDULE B - GENERAL EXCEPTIONS FROM COVERAGE Thlzpolcytlaez mtlmve Ne Companywill no pay costs, summers feesormperrses) which area by reason of 1. Taxes lir azsersmmS wfiicia are ml shown as wasting Ilms by the records of any laving aWMty halt Was does lir asesmems on real properly or by the Public Records, proceedings by a Wdlc agmry which may rel In fixes or assessments, or aboard alsuch packsmi walM1er or not shown by the recons of such agency «by1M1e Pubm Records. 2. Facts, all Imaedzmdaracke M1 are not shown by the FWIIC Real but wdcia coJtl be axadrca by an Impe tion of TM1e Land or by music, ingery olpamrs In pasesian thereof 3. Easmems,or dams d®zdnem, hat sMwn by the FWIIC Ravdz; peakeral ar eacephons, In rNmd a In Adz authorizing dal Issuance hereat water lights, daims «tlue to water. 6 Any encroachment, mcumbasue, violatlop wadan, lir averse circumstance affecting the TiAe that would be disclosed by an xwate and cm plate land survey of Has Land The tend "encroachment 'clauses emroacM1mmis d axisting Improamems located on Ne Land onto adjoining land, antl mamchmems omo the Lana minng Improvements located on aajdnirg land 5. Any Ilan for muccon, labor or material M1emdMe lir M1eaaner furnished or for mamm ons due to the State d Oregon for unemployment condensation or workers coca monarch, imported by l aw and not shown by Has Pu Ic Rel 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-1]SB) EXCLUSIONS FROM COVERAGE The bllowy mdtaz lie ea wkg, succeed from he coverage N his pdicy and he Company wall cot lay loss or damage, cons, attorneys' fees m susses hat adds by aon of 1. (a) Any law, oNlmme m gokistan al regulation (ndWng but cot limited to building and zmial reMctly, regulahg, morning oradhg to P) mM1eampaay.0:,mer{aynat of lM1e Lana: QII mM1e dalaNa, aimadal«amlaadan of any Imvmvemem sates m lM1e land: QN m Opt ma zrMlwdm dlaM: m irmmmdl wdemm: pa Ieof am wd dm of la, aamsu ooemat a las. This 3drrslm 1(a) does act modify m limit IM1e covaproduced mcepCkwae Pods 5. (b) �gavmmene udder PowerTheRisk Exdudm 1(b) does m[mMlhmlimit he sen proal do ain This Ext umo 8. 2. pRightsrobd N emdmm domain. 7a Exdusim tlos cot mMlh m Ileal[ IM1e coverage provided uMerCwerta Risk ] art 3. Defirds m)commul,s,mrcum montes, atlr —itce to ms, brothermatters d) preated, arnerea, assumes «agrees m car the Inmrea Claimant (b) .lahown d he Company,. becoNed In he Public Records N Data W Policy, but shown to he hatred Clamant ad modes etl In writing to TM1e Company by he haratl tlatmat poor to he adds he ImurM Claimant became an Imaea under hizpolcy, (c) aarltlrg In no lozzorck mage s he marred Grounds, (a) dtasng or creates aWswmt s Dale of Point dowerer, this does ml modify anmmt he coverage mobbed mderearerea Risk 9 and 10), or (a) aarmtlrg In loss or damage that would not have been commend II the Inures ClAmatl M1aa .,it valve forme Tee. AM data, by reason of the operation W federal bankruptcy, date Irrrlvemr « similar xade«s' rights laws, that he transaction credkg he em of he mated Itiod"i is (a) a hat dated conveyance or fraudulent tender, or (b) a paslemlal transfer for any reason not states In he Omeatl PoA 9 of his policy. AM lien an he Title for real estate times or assessments imposed by governmental summary and created or al ng between sate of Policy and he adds of recoradlrg of he deed or other Instrument of tmnssr In he RNIc Records hat pass Title az shown In Car le A. The abwe polcyform maybe issued d aX«a other 9aMaN Coverage or Extended! Coverage . In addition to IM aMpe Exdudaahom Coverage, the Excepeom nae Coverage In a &ended Coverage policy wall also include the following EvicepLaa Yom Coverage SCHEDULE B - GENERAL EXCEPTIONS FROM COVERAGE This comrades mtlmure Worst las «damage (ad e e Comparri rH Paycomm allomays' fees or supenses) whoa ars dramatic a: 1. Taxes lir azznanmts which are cot sM1axn as easy, Ilmz by the rands of any <. Any encroachm rs, encumbrance, Wdatlm, vacation, lir adverse Nrdmstax:e sting authority halt levet does lir asesmertls on real property «by the Fr611c affecting the Title that would be dYadsd byan actuate and compete land aneyol Recotlz; proceedings by a Wdlc zganry wM1lM may reach In lines or assessment; the Land TM1e term aoacca ' Imposes encroachments of Wztlng antl«zalzucM1po dngswatlafmmtsM1 n by the recortlsofsuch agemy Imprwmemslocaletl on hefindoma Mlalmng land, antl enamdmemz omolM1e abyhe FJAICRemNz. Lana W misting ImprwmeMZlacastl an Mldnlrg land 2.Facts, rights, Imaedzor Natms WnlM we ml shown by the Public Records but which S. Any lien for service; la., a mddal deadMe lir M1eaana dna d,afar could be aserdlma by an lmpeceon of the Land or by making Inquiry of persom In contributions sue to he State al Cagan for mmploynat mmpermd'm m workers possession thereat cpm pensNlan, imposed by lm and cot shown by the RNIc Re coal 3. Easements, or chains N®zmem, no shown by TM1e Public Ravius; azavaums or aaki In plans a In Ads a porting the Issuance hereat water ligtz, daims or title to wan. Pre icanary Report (Exhibit One) Printed 05.20.20 ® 08:21 AM OR—SPS-1-26802211)080% RESAFE,, Inquire before you wire! WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on howto implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: ttt0:/AW ib1.00V Internet Crime Complaint Center., http://wwwJc3.00v W. Fraud Alec Onginaz ER He Daze: V11=17 Cum tVa wDaze: V11=17 60221911005SW- WREM16(Mi Rev. 12/07117)i TMatl ® FN Nty Naziwiel Finannal, Ire. an&w an affiliate. AN rgrcs reseved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective April 9, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or 'We") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. 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PnvaryS Maz t Pnnt•d: 05.20.20®08:21 PM by lM SSCORPD0011.do lUpdatW: 01.01.20 Pag•9 ORf -F UC 1520.070001-802219080.55 Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve ourwebsites. Do Not Track. Currently our FNF Websites do not respond to 'Do Not Track' features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-partywebsites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information forthree main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. 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PnvaryS Maz t Pnnted: 05.20.20®08:21 PM by lM SSCORPD0911.do 1UpdatW: 01.01.20 Page 10 ORf-F UC 1520.070001-802219080.55 For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (httos://fnf.com/oases/californiaorivacv.asoxl or call (888) 413-1748. For Nevada Residents. You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFOQag.state.nv.us. 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PnvaryS Maz t Pnnted: 05.20.20®08:21 PM by lM 3SC0RPD0911.do11JpdatW: 01.01.20 Paell OR+-FUC 1520.470001-802219080.55 Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer PnvaryS Maz t Pnnted: 05.20.20®08:21 PM by lM SSCORPD0011Ad lUpdatW: 01.01.20 Page 12 OR+-FUC 1520.470001-802219080.55 GRANTOR'S NAME: Lane County Clerk 2019-044315 G 8 S Farms, LLC, an Oregon limited liability company Lane County Leads & Records 2018-037887 Affects: Reference is hereby made to said document for full particulars 10/03/2019 02:07:45 PM GRANTEES NAME Charles RPR DEED 001015100CASHIER 013pages $97.00 M Sheppard and Joann Sheppard 8150a Sin1 eSID 00 sal 0 AFTER RECORDING RETURN TO: Order his, 60221906055 -SJ Charles M. Sheppard and Joann Sheppard, as tenants by the entirety 2130 SO. 38TH AVE 'WEST RICHLAND, WA 99353 SEND TAX STATEMENTS TO: Charles M. Sheppard and Joann Sharpest 2130 SO. 3BTH AVE WEST RICHLAND, WA 99353 - APN: 0579175 Map: 18-03-0224-00500 Oak Street - Lot #8, Springfield, OR 97477 SPACE ABOVE THIS LINE FOR RECOROER's USE STATUTORY WARRANTY DEED G 8 B Farms, LLC, an Oregon limited liability company, which acquired title as G & B Farms, LLC, Grantor, r%t conveys and warrants to Charles M. Sheppard and Joann Sheppard, as tenants by the entirety, Grantee, the H following described real property, free and clear of encumbrances except as specifically set forth below, situated in Z the County of Lane, State of Oregon: U. Lots 8, Block 11, AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD, as IA platted and recorded in Book 4, Page 78, lane County Oregon Plat Records. in Lane County, Oregon. N Up ATION THE TRUE AND ACTUAL CONSIOEPFOR THIS CONVEYANCE IS TWO HUNDRED FIFTEEN O THOUSAND AND NO/100 DOLLARS (5215,000.00). (See ORS 93.030). Subject to: N N 1. Taxes assessments which are not shown as existing Ileus by the records of anytaxing authority that O levies taxes or Or assessments on realUP property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims, which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making Inquiry Of persons in possession thereof. 3. Easements, or claims of easement, which are not shown by the Public Records; ra amedlone or exceptions in patents or in Acts authorizing the issuance biennial; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing improvements located on adjoining land Onto the subject Land), encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the subject Land. 5. Any lien or night to a lien for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6. Property taxes in an undetenn ined amount, which are a lien but not yet payable, including any assessments collected with was to be levied for the fiscal year 2019-2020. 7. [intentionally Deleted] 8. [Intentionally Deleted] 9. Easement(s) for the purposes) shown below and rights Incidental thereto as set forth in a document Purpose: Private utility, including the terms and previsions thereof Recording Date: August 14, 2018 Recording No: 2018-037887 Affects: Reference is hereby made to said document for full particulars 0 oa 6iontneev—stor<gsl OR1 (wase: .,Is He Earl OR-FT-Fe06me umun1Ep2219sone STATUTORY WARRANTY DEED (continued) 10. Covenants, conditions and restridlons but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gentler identity, gender expression, medical condition or genetic Information, as set forth In applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Augustl4,2018 Recording No: 2018-037888 11. Easement(s) for the purposes) shown below and rights incidental thereto as set forth in a document: In favor of: City of Spongier, acting by and through its Springfield Utility Board Purpose: Electric distribution, fiber oti and telecommunication lines Recording Date: August 15, 2016 Recording No: 2018-038188 Affects: Reference is hereby made to said document for full particulars 12. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 13. The Company has an file a copy of the Operating Agreement for G & B Farms, LLC, an Oregon limited liability company, dated June 25, 2003. A copy of any amendments subsequent to the data of said Operating Agreement should be furnished for review prior to closing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. The Oregon Corporation Commission records show that as of September 6, 2019, G & B Farms, LLC is an active Oregon limited liability company and is currently in good standing. 14. Note: We find no Notice of Completion recorded an said Land. 15. If requested to issue an extended coverage ALTA loan policy, the following matters most be addressed: a) The rights of tenants holding under unrecorded leases or tenancies b) Matters disclosed by a statement as to parties in possession and as to any construction, Otani or repairs to the Land within the last 75 days. The Company must be noti5ed in the event that any funds are to be used for construction, alterations or repairs, of Any fads which would be disclosed by an accurate survey of the Land 16. The Proposed transaction may be subject to statutory requirements for the partitioning or subdivision of land pursuant to Chapter 92 of Oregon Revised Statutes. Violation may subject parties to both civil and criminal penalties. Furthermore, title insurance policies do not provide coverage against violation of these statutes. 17. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 18. Any facts, rights, interests or claims. which are not shown by the Public Records but which could be ascertained by an Inspection of the Land or by making inquiry of persons in possession thereof. 19. Easements, or claims of easement, which are not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, Grime or title to water. 20. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing improvements located on adjoining land onto the subject Land), encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the subject Land 21. Any lien or right to a lien for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed bylaw and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 22. Property taxes in an undetermined amount. which are a lien but not yet payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020. oad tas iy waireiudii orou0e morum.M: iB PM02 Os,FsFEUGw6A470031s P2tsCfio55 STATUTORY WARRANTY DEED (continued) 23. Easements) for the purpose(s) shown below and rights incidental thereto as set forth in a document Purpose: Private utility, including the terms and provisions thereof Recording Date: August 14, 2018 Recording No: 2018-037887 Affects: Reference is hereby made to said document for full particulars 24. Covenants, conditions and resblctlons but omitting any covenants or restrictions, if any, including but not limited to those based upon race, calor, religion, sex, sexual orientation, familial status, marital status, disability, handicap, co0onet origin, ancestry, source of income, gender, gender identity, gentler expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction Is permitted by applicable law, as set fodh in the document Recording Date: August 14, 2018 Recording No: 2018-037888 25 Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document' In favor of: City of Springfield, acting by and through its Springfield Utility Board Purpose: Electric distribution, fiber optic and telecommunication lines Recording Date: August 15, 2018 Recording No: 2018-038188 Affects: Reference is hereby made to said document for full particulare 26. Please be advised that our search did not disclose any open Deeds of Trust of record. if you should have knowledge of any outstanding obligation, please contact the Title Department immediately far further review prior to closing. The Oregon Corporation Comm lssiom records show that as of September 6, 2019, G & B Farms, LLC is an active Oregon limited liability company and is currently in good standing. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.30% 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195,305 TO 195.336 AND SECTIONS 5 T0, 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. IN WITNESS WHEREOF, the undersigned have executed this document on the date(.) set forth below. G & 8 s, LL-C, ,aannn 0r�9�Qn\limited liability company Brandon Dever. Member State of U_ County of f, [ZVj. / This instrument was acknowledged before me on / � � � r � by. Fauna, LLC, on Or n, Ilmlled Moodily company, Beordou Oavere, Member ` I NOtary bIC-$fate of 0 On OFFICIAL STAMP WNDAAMACHNSON �MyC fission Expires: OS- Z� NOTAWPURLIC-OREGON COMMISSION NO. aBW'fl9 MYCOMMSSION Ex%PESAUGUST 5, sire .-a I., Wel cam, 31, 4.I 1,tld.: W.tsII Pepa3 Oft- EJ1520 Oa0016022120xo After recording return to: Tom Poage Engineering & Surveying PO Box 2527 Eugene, OR. 97402 RECITALS: Lane County Clerk 2018-037887 Lane County Deeds & Records 08/14/2018 11:42:18 AM RPR-ESMT Cnt=1 Stn=41 CASHIER 04 10pages $sa 00 $11 00 $1000 $61 00 $132.00 DECLARATION OF PRIVATE UTILITY EASEMENT Whereas: G & B Farms, LLC, Hallin Park, LLC, and WH 200, LLC, all Oregon Limited Liability Companies and collectively the "DECLARANT" are the owners of certain parcels of real property, hereinafter referred to as the Property, said Property being located in the NW 1A and NE % of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said Property also being more particularly described as follows: See Exhibit "A", attached and by this reference made a part thereof. Whereas: A private water line may need to be extended along Oak Sheet, Ash Street and Pine Street to serve the Property or a portion of the Property. Therefore: By and though this instrument the DECLARANTS wish to establish the rights and responsibilities for a private utility easement along aforementioned streets for a private water line to serve the Property or a portion of the Property. The terms and conditions of this declaration of easement are outlined as follows: Terms and Conditions: I . RECITALS. The above Recitals are deemed true and correct and are incorporated herein by reference. 2. GRANT OF EASEMENT. By and through this instrument the DECLARANT does hereby establish a perpetual, non-exclusive easement over a ship of land, 10 feet in width, located adjacent to the right of way of Oak Street, Pine Street, and Ash Street as dedicated on the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon for the installation, maintenance and repair of a private water line. The Easement Area is more particularly described as follows: See Exhibit 'B", attached and by this reference made a part thereof. A depiction of the easement area is shown on Exhibit "C", attached and by this reference made a part hereof. 3. PURPOSE. The Easement is created for the benefit of the Property as describe August 9, 2018 4489_PRN-UTILITY-E01-A Page 1 in Exhibit "A" for the installation, maintenance and repair of a private water line to be located within the Easement Area. 4. USE OF THE BURDENED PROPERTY. The owners of Lots, over which the Easement Area is being granted herein, shall have the right to use that portion of their property encumbered by the Easement Area for any legally permitted use, as long as such use does not interfere with the right of use granted through this instrument. 5. PRIVATE GRANT. The Easement created by this instrument does not constitute a dedication or grant for public use. 6. MAINTENANCE AND REPAIRS. The owners of utilities shall bear all costs associated with the installation and maintenance of the private water line to be installed in the Easement Area. However, any repairs necessitated by the negligence or the misuse of the Easement Area on the part of the owners of encumbered by the Easement Area and their invitees, shall be the sole responsibility of the negligent party. Except in the case of an emergency, 24 hour notice shall be given to the owner's of Lots encumbered by the Easement Area prior to the commencement of any maintenance or repair. All work shall be performed by a licensed, bonded contractor and the repaired area shall be returned to its former condition once the repair work has been completed. 7. TAXES. The owner's of Lots encumbered by the Easement Area shall be responsible for the property taxes associated with the Easement Area. 8. INDEMNITY. Users of the Easement Area ("Users") shall assume all risks arising out of their use of the Easement Area. The owners of the utilities agree to save and hold harmless the owner's of Lots encumbered by the Easement Area from any third party claim, cost, damage or expense of any kind or nature arising out of or related to any negligent or wrongful act or omission occurring within the Easement Area during the course of exercising the rights granted herein by the owners of Lot 7, their successors, assignees or invitees. 9. BINDING EFFECT. The terms and conditions of this Easement shall run with the land and shall extend to and be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties identified herein. 10. WAIVER. No waiver of any right arising out of a breach of any covenant, term or condition of this Easement shall be a waiver of any right arising out of any other or subsequent breach of the same or any other covenant, term or condition thereof. 11. LEGAL PROCEEDINGS. If any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this Easement, the prevailing party in such proceeding shall be entitled to recover reasonable attorney's fees in such proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law. 12. ARBITRATION. Any claim, controversy or dispute arising out of this Easement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Lane County, Oregon. All provisions of this instrument, including the benefits and burdens, are binding on and inure to the heirs, August 9, 2018 4489_PRIV-UTILITY-E01-A Page 2 successors, assigns, transferees, and personal representatives of all parties who own any of the properties as described herein. Dated this day of S' , 2018 Grantor / Property Owner(s): George B. Baker, Member Brandon Devers, Member G & B Farms, LLC G & B Farms, LLC, State of OREGON County of LANE p This instrument was acknowledged before me on o 3 , 2018 �/ y Goer�eB.BalceY and Brandon Devers, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. OPPICIARBL SCT AMP ROBYN LEE 13ECKLEY COMMISSION O22 MYCOMMISSION O(PIRES JANUARY 09, 2021 •�`j Brandon Devers, Member WH 200, LLC Ro-t, L� 6'CjCt-'7 Notary Public - State of Oregon George B. Baker, Member WH 200, LLC State of OREGON County of LANE 11 This instrument was acknowledged before me on �- d- , 2018 p2r�By @eorge-B-.Bake d Brandon Devers, acting in their authorized capacity as Members of WH 200, LLC, an Oregon Limited Liability Company. OPPICIALSTAMP AOBYN LEE SECKLEY l / Nt�'fARY PUBLIC -OREGON COMMISSION N0.958127 MY COMMISSION EXPIRES JANUARY09, 2021 August 9, 2018 4489 PRN -UTILITY -E01 -A L"� ✓� rte� Notary Public- State of Oregon Page 3 successors, assigns, transferees, and personal representatives of all parties who own any of the properties as described herein. Dated this ) L"1 day of 0_� 4 Lc S-)- '2018 G ntor / P ty Own �(s): Ge ge B. Baker, Member Brandon Devers, Member & B Farms, LLC G & B Farms, LLC, State of OREGON County of LANE This instrument was acknowledged before me on g' y , 2018 By George B. Baker agdJkAg4eft4)�, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company, Geo e B. Baker, Member WN 200, LLC State of OREGON County of LANE OFFICIAL STAMP ROBYN LEE BECKLEY .i' NOTARY PUBLIC -OREGON COMMISSION NO. 9W127 MV COMMISSION EXPIRES JANUARY 09, 2021 Notary Public — State of Oregon Brandon Devers, Member WH 200, LLC Whis instrument was acknowledged before me on " IV , 2018 By George B. Baker and-Brandem-HEy2rs, acting in their authorized capacity as Members of WH 200, LLC, an Oregon Limited Liability Company. Notary Public— State of Oregon OFFICIALSTAMP ROBYN LEE BECKLEY 10 NOTARY PUBLIC -OREGON COMMISSION NO. 955127 MY COMMISSION EXPIRES JANUARY 09, 2021 August 9, 2018 4489 PRIV-UTILTTY-EOt-A Page George B. Baker, Member Brandon Levers, Member Hallin Park, LLC Hallin Park, LLC State of OREGON County of LANE This instrument was acknowledged before me on 'T. /' , 2018 (11� Byd�d Brandon Levers, acting in their authorized capacity as Members of Hallin Park, LLC, an Oregon Limited Liability Company and WH 200, LLC, an Oregon Limited Liability Company. AMPCKLEY*M] . g59G0�NUARY 09, 2021 August 9, 2018 4489 PRN -UTILITY -E01 -A Notary Public — State of Oregon Page 4 (62) Gege . Baker, Member HalorPazk, LLC State of OREGON County of LANE Brandon Devers, Member Hallin Park, LLC This instrument was acknowledged before me on p . / % , 2018 By George B. Baker aft44 ra»dea.-Devers, acting in their authorized capacity as Members of I-tallin Park, LLC, an Oregon Limited Liability Company and W}I 200, LLC, an Oregon Limited Liability Company. OFFICIALSTAMP BOBYN LEE BECKLEY NCTARYPUBLIC-OREGON COMMISSION NO.568127 MYCOMMISSION EXPIRES JANUARY09, 2021 August 9, 2018 4489 PRIV-UTILITY-E01-A Koh.., , c- & Notary Public — State of Oregon Page 4 Exhibit "A" Eleven (11) tracts of land located in the NW %, and NE 1/4 of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tracts being more particularly described as follows: Tract I: Lots 1 thru 9 (inclusive) and Lots 12 thru 18 (inclusive) within Block 11, of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: That portion of the vacated 2nd Street, as vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to Lot 9 Block 11 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Except: Any portion of the aforementioned Lot 9, Block 11 contained within the right of way for 2nd Street as conveyed to Lane County in a Warranty Deed recorded February 5, 1997, Reel 2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane County, Oregon. Tract II: Lots 1 thru 5 (inclusive) within Block 13, of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract III: Lots 1, 2, 4, 5, 6, and 10 within Block 24, Block 25, and Block G of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract IV: Block 26 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract V: Lots 1, 2, 3, 4, and 10 within Block 27 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract VI: Lot 9 within Block 4, Lots 13 and 14 within Block 10, Lots 1, 2, and 3 within Block 18, Lots 1 thru 10 (inclusive) within Block 28, and Lots 1 thru 8 (inclusive) within Block 29 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: That portion of 2nd Street vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to the Lot 9, Block 4 and Block D of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Also: That portion of Block D of the aforementioned Amended Plat of Willamette Heights Addition to Springfield that lies north of the westerly extension of the north margin of Oak Street, and northeasterly of the northeasterly margin of 2nd Street as conveyed to Lane County in a Warranty Deed recorded January 8, 1997, Reel 2253R Reception No. 97-01380, Lane County Oregon Deed Records, and southeasterly of the southwesterly extension of the northwesterly boundary of Lot 9, Block 4 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Tract VII: Block 19 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract VIII:Block 19 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and August 9, 2018 4489_PRIV-UTILITY-E01-A Page 5 recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract IX: Lots 1, 3, 5, 6, and 7 within Block 22 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon, Tract X: Lots 1, 2, 4, 5, 6, and 7 within Block 23 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract XI: Lots 1 thru 15 (inclusive) within Block 7 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. August 9, 2018 4489_PRfV-UTILITY-EOI-A Page 6 EXHIBIT "B" (Easement Area No. 1) A tract of land located in the NW '% and NE '% of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the south margin of Oak Street, the west margin of Pine Street, and the north margin of Ash Street, being more particularly described as follows: The North 10.0 feet of Lots 1 thru 8 (inclusive) of Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: The East 10.0 feet of Lots 1 and 18 of said Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: The South 10 feet of Lots 12 thru 18 (inclusive) of Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. (Easement Area No. 2) A tract of land located in the NW '/4 and NE %4 of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the north margin of Oak Street, being more particularly described as follows: The South 10 feet of Lots 13 and 14 of Block 10, Lots 5, 6, 7 and 8 of Block 29, Lot 10 of Block 27, Block 26, Lots 6, 7, and 8 of Block 25, and Block G of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. (Easement Area No. 3) A tract of land located in the NE 1/4 of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the south margin of Oak Street and the east margin of Pine Street, being more particularly described as follows: The North 10.0 feet of Lot 1 of Block 13, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon, and the West 10.0 feet of Lots 1 thru 5 (inclusive) of Block 13, of said Amended Plat of Willamette Heights Addition to Springfield. August 9, 2018 4489_PRIV-UTILITY-E01-A Pagel AvNNn 7�4 m unun 31VA%d.VmK 0 m h �Fxw e awgo drat dd � � 19 9NId 3F I LtlAfX AW� �j ^ NVAU —OU 8gb' AM ry 0 � '35Y3 AllllO �3ltlMk Otl I z MCtl .p'tfi I � �'lO0 d V w F V V flW e W i F dFy ^^ Q 3�1tl�Mb AM x 6 � ' x X�m is i B Ww< iya ( rJ I �� TY3 AYlW 3 vnma Ani A oa .WN 9 l' oce 0 m � ]itl3 AlIIW LYMN AM N ®itl3 AIfIW h 3ltlMu.p'w O W August 9, 2018 4489 PRN -UTILITY -E01 -A Page 8 Atter Recording, Return to. Lane County Clerk 2018-038188 Springfield Utility Board Lane County Deeds & Records 1001 Main Street 08115/2018 03:39:00 PM Springfield, OR 97477 RPR-ESMT rnr-ism=,CASHERes apages S30og81100sieoo$d DO $112.00 SPRINGFIELD UTILITY BOARD EASEMENT — ELECTRIC (Map 18-03-02-24 ,Tax Lot No.s 100 200 300. 400. & 500) THIS INDENTURE MADE and entered into this 13th day of August , 2018, by and between G & B Farms LLC an Oregon Limited Liability Company antl WILL 200 LLC an Oregon Limited Liability Comoanv , hereinafter referred to as the Gountor(s), and the CITY OF SPRINGFIELD. a municipal corporation of the State of Oregon, ailing by and through its SPRINGFIELD UTILITY BOARD, in Lane County, Oregon, hereinafter referred 0 as Grantee. WITNESSETH: FOR CONSIDERATION other than monetary and the acceptance by the Grantee, and for Grantee's use or holding of said easement for presets or future public use, Grantors) hereby grants, bargains, sells and conveys unto Grantee, a perpetual easement more particularly described and set forth in Exhibit A attached hereto and incorporated herein by reference. Said easement burdens and is over and upon the real property more particularly described and set forth in Exhibit B, attached hereto and incorporated herein by reference. A map depicting the easement area is noted as Easement No. 1 on Exhibit C, attached hereto and incoryomted herein by reference. The easement conveyance set forth herein grants to the Grantee, Springfield Utility Board, and its successors and assigns, the right to enter upon the real property more particularly described and set forth in Exhibit B for the purpose of constructing, installing, reconstructing, operating, maintaining, relocating, and replacing therein underground and above ground electric distribution fiber optic, and m g telecommunication lines, including pales, guy wires, vaults, transformers, and other necessary facilities, to remove and replace fences and lawns to the extent necessary to construct, maintain, and protect sad lines, �F to cut and trim trees and shrubbery, and to trim and remove all dead weak, leaning, or dangerous branches o ° or entire trees that are high enough to strike wires. No part diary building or permanent structure will be placed upon this easement by Grantor, other han pavement curbs, sidewalks, antl driveway aprons made � oy with such materials as Grantor deems appropriate, without the express consent of Grantee. Thiseasement Sr�SUdoes not restrict the installation of public ufilities or private water facilities provided such installations meet SEK i Grantee's approval. ow3 m 's TO HAVE AND TO HOLD sell easement unto Grantee and Grantee's heirs, successors and assigns Baio$ forever. 3? am blI4 Grantor further covenant and warrant that t the are the owners of the real property, more particularly r�3o`R1 described and sat forth a Exhibit B and that the property it free and clear of encumbrances and liens of whatsoever any, and character except all covenants the p tic record restrictions, encumbrances, easements, and liens, of any, affecting title which appear in the public records and any of those visible from a physical examination of the property. IN WITNESS WHEREOiiF, the Counters above named have hereunto set their hands and seals on <?.A ' / .2018. Grantor Property Owner(s): George B. Baker, Member G & B Farms, LLC Brandon Devers, Member G & B Farms, LLC State of OREGON County of LANE This instrument was acknowledged before me on �' 2018 By 6eewe-6^Cakaraxtl Brandon Devers, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. OFfrf`.101 SINAp � B09YH IFE eECI[LEy NorurvPuauc-oREcoN COMMISSION 1,0 9581 NN C0W $SKIN E%PAEa JgNWRY0%po \V a Grantor / Properly Owner sl: George B. Baker, Member WH 200, LLC Brandon Devera Member WH 200, LLC OffICINLSIMIP 60BYN lEEaPFpfY State of OREGON 0N MWA1kIR County of LANE OOMMIBSIOw NO. BSa1D V &ON E%PIRE9 JRtNMBY �, aaat This instrument eras acknowledged before me on 2018 By Geeigs ca:d Brandon B vers, acting in their authorized capacity as Members of WH 200, LLC, an Oregon Limited Liability Company. OfflgPLSTAMP^ Q _Y: a0aYr1 tEE 9ECpEY A ' NOTNiYWAN0.9e00N COMh16sI0N No. ssefv Notary Pubic —Sbte of Oregon ^�^SAISaIONEXpIgESJPAV1Y .zoal ACCEPTANCE OF EAS UTILITY BOARD. THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield a Municipal Corporation of the State of Oregon, acting by and through its Springfield Utility Board is hereby approved and the tttle or interest conveyed therein is hereby accepted. Springfield Utlli Board By: Dale Title: �1f14z7y7C� �1CalfZnA-c E✓G,IEYLW/e LP 0/6Ytannn'S After Recording, Return to: Springfield Utility Board 1001 Main Street Springfield, OR 97477 SPRINGFIELD UTILITY BOARD EASEMENT—ELECTRIC (Map 18-03-02-24 ,Tax Lot Nos 100, 200, 300. 400. & 500) THIS INDENTURE MADE and entered into this 13th day of August , 2018, by and between G & B Farms LLC an On, an Limited L'ab'I'N C.-- WH 200 LLC an Oregon L'm'ted L ability Comoanv hereinafter referred to as the Gambits), and the CITY OF SPRINGFIELD, a municipal corporation of the State of Oregon, acting by and through its SPRINGFIELD UTILITY BOARD, in Lane County, Oregon, hereinafter referred to as Grantee. WITNESSETH: FOR CONSIDERATION other than monetary and the acceptance by the Grantee, and for Grantee's use or holding of said easement for present or future public use, Grantm(s) hereby grants, bargains, sells and conveys unto Grantee, a perpetual easement more particularly described and set forth in ExhibitAattached hereto and incorporated herein by reference. Said easement burdens and is over and upon the real property more particularly described and set forth in Exhibit B, attached hereto and Incorporated herein by reference. A map depicting the easement area is noted as Easement No. 1 on Exhibit C, attached hereto and incorporeted herein by reference. The easement conveyance set forth herein grants to the Grantee, Springfield Utility Board, and its successors and assigns, the right to enter upon the real property more particularly described and set form in Exhibit B for the purpose of constructing, installing, reconstructing, operating, maintaining, relocating, and replacing therein underground and above ground electric distribution, fiber optic, and telecommunication lines, including poles, guy wires, vaults, transformers, and other necessary facilities, Be remove and replace fences and lawns to the extent necessary to construct, maintain, and protect said lines, to cul and trim trees and shrubbery, and to trim and remove all dead, weak, leaning, or dangerous branches or entire trees that are high enough to strike wires. No part of any building or permanent structure will be placed upon this easement by Grantor, other than pavement, curbs, sidewalks, and driveway aprons made with such materials as Grantor deems appropriate, without the express consent of Grantee. Thiseasament does not restrict the installation of public utilities or private water facilities provided such installations meet Grantee's approval. TO HAVE AND TO HOLD said easement unto Grantee and Grantee's heirs, successors and assigns forever. Grantor further revenant and warrant that ii/they are the owners of the real property more particularly described and set truth in Exhibit B and that the property is free and clear of encumbrances and liens of whatsoever kind and character except all covenants, conditions, restrictions, encumbrances, easements, and liens, if any, affecting title Which appear in the public records and any of those visible from a physical examination of the property. IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals on 2018. Gr for/ Pro an ne(s): Lf -71 / Geo B. Baker, Member Brandon Covers, Member G Farms, LLC G & B Farms, LLC Slate of OREGON County of LANE LI This instmment was acknowledged before me on , 2018 d bt/ By George B Bakerea9-8rea9eaBwaw acting in their authorized capacity as Members of G & B Farms, N LLC, an Oregon Limited Liability Company. OfPICMLSrAMP apB1'NtaEy HOfARY Witua.BgC.IL1EWN my COkIM181LpN dRRFB Nt1lNBy ra. 2ua1 G ntor/ perty ner(s): G ge B. Baker, Member H 200, LLC State of OREGON County of IANE Brandon Dever., Member WH 200, LLC This instrument was acknowledged before in. oa V. y y 2018 By George B Baker ia^ a a,,O�, acting in their authorized capacity as Members of WH 200, LLC, an Oregon Limited Liabi:7.wg'42'��'y C. a.z�Notary Public—State of Oregon MYCOMMafEB JNJd4RY W, 2tt1 ACCEPTANCE OF EASEMENT BY SPRING UTILITY BOARD. THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Coryorabon of the State of Oregon, acting by and through its Springfield Utility Board, is hereby approved, and the title or interest conveyed therein is hereby accepted. Springfield Uhhty and By Data EXHHIIT "A" (Grantor's property) A tract of land located in the NW %and NE % of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being more particularly described as follows: Lots 1 thru 9 (inclusive) within Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: That portion of the vacated 2nd Street, as vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to Lot 9, Block 11 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Except: Any portion of the aforementioned Lot 9, Block 11 contained within the right of way for 2nd Street as conveyed to Lane County in a Warranty Deed recorded February 5, 1997, Reel 2261, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane County, Oregon. EXHIBIT "B" (Easement Area No. 1— South side Oak Street) A tract of land located in the NW %and NE %of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tract being a 10 foot wide strip of land adjacent to the south margin of Oak Street, and a variable width strip of land adjacent to the northeasterly margin of 2n1 Street, and being more particularly described as follows Beginning at the northeast corner of Lot 1, Block 11, Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon, said point being at the intersection of the west margin of Pine Street and the south margin of Oak Street, 20.0 feet from, when measured at right angles to, the centerline of Pine Street and 30.0 feet from, when measured at right angles to, the centerline of Oak Street; thence southerly along the west margin of Pine Street, South 0°15'40" East 10.00 feet to a point that is 10.0 feet from, when measured at right angles to, last described south margin of Oak Street; thence leaving said west margin and along a line parallel to, and 10.0 feet southerly of, when measured at right angles to, last described south margin of Oak Street, bearing South 89°59'10" West 1740.80 feet; thence South 22'41'15" West 9.00 feet to a point that is 10.0 feet from, when measured at right angles to, the easterly margin of 2nd Street as conveyed to Lane County in a Warranty Deed recorded February 5, 1997, on Reel 2261, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane County, Oregon; thence along a line parallel to, and 10.0 feel easterly of, the last described easterly margin the following two (2) courses and distances: South 40°02'47" East 52.74 feet, and along the arc of a 751.47 foot radius curve right, the chord of which bears South 32'21'14" East 204.38 feet, a distance of 205.02 feet to a point on the north boundary of Lot 10, Block 11 of said Amended Plat of Willamette Heights Addition to Springfield; thence along said north boundary, North 89°58'23" West 11.01 feet to a point on last described easterly margin of 2nd Street; thence along said easterly margin the following two (2) courses and distances: along the arc of a 741.47 foot radius curve left, the chord of which bears North 32°31'51" West 197.13 feet, a distance of 197.71 feet, and North 40°02'47" West 45.85 feet to a point on the centerline of the vacated portion of 2nd Street, as vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon; thence leaving last described easterly margin of 2- Street, and along the centerline of last described vacated portion of 2nd Street, bearing North 23013'47" West 32.56 feel to the last described south margin of Oak Street; thence along said south margin, bearing North 89°59'10" East 1760.32 feet to the point of beginning, all in Lane County Oregon. " I �s I� I Poo an�wadsof wulaar sA�uL 3113nmut �m�vB yo JO lnd 03QV311r MOL ,00'09 fI MJOIg �f MOL n 7 s I„ a � A'OL S a-� 9 -= 0'OL sy 9 Y r ffffi OD � y IOO qg � pe_ 4 '0 SZ Q >cB mu°i — Aa cai F z m Moa M 'm y V y ��S \ �dp0_ of F I 0 X Xa M -= Vol o � .P6 «o in N _ b I^ O " I e v an�wadsof wulaar sA�uL 3113nmut �m�vB yo JO lnd 03QV311r MOL ,00'09 fI MJOIg n s I„ a � A'OL a-� -= r ffffi IOO qg � >cB mu°i — F cai m z y cp.IgO ��S \ �dp0_ of e an�wadsof wulaar sA�uL 3113nmut �m�vB yo JO lnd 03QV311r fI MJOIg 9NId-- -= ffffi IOO qg � >cB mu°i — F cai m z y ��S M .001 _ b / After Recording Return to: Lane County Clerk 2018-037888 Poage Engineering & Surveying, Inc. Lane County Deeds & Records P.O. Box 2527 08/14/2018 11:42:18 AM Eugene, OR 97402 RPR -REST Cm=1 sm=41 CASHIER 0411 pages $ss 00 $11 00 $1000 $61 00 $137.00 Until a change is requested, mail all tax statements to No Change DECLARATION OF CONDITIONS COVENANTS AND RESTRICTIONS FOR A PORTION OF THE AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS for a portion of THE AMENDED PLAT OF WILLAMETTE HEIGHTS ADDITION TO SPRINGFIELD ("Declaration") is made by G & B Farms, LLC and WH 200, LLC (both Oregon Limited Liability Companies and col- lectively the "Declarant"). RECITALS A. Declarant is the owner of all the real property (hereinafter referred to as the "Property') located in the NW '/e and NE'/4 of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said property being more particularly described as follows: See Exhibit "A", attached and by this reference made a part hereof. B. The Declarant intends to subject the Property to Covenants, Conditions and Restrictions set forth in this Declaration. All conveyances of the Property or any portion thereof shall be subject to this Declaration. C. The purpose of this Declaration of Covenants, Conditions, and Restrictions is to protect the value of the Property, for the benefit and enjoyment the Lot Owners. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, and occupied subject to the following covenants, conditions, restrictions, and all other provisions set forth in this Declaration, which shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof, and which shall inure to the benefit of each Owner. SECTION 1. DEFINITIONS 1.1 Declarant shall mean G & B Farms, LLC and WH 200, LLC, both Oregon Limited Liability Companies, and/or any person or entity that is assigned the rights to act and function as the Declarant, which assignment must be executed in writing and recorded in Lane County Property Records. 1.2 Declaration shall mean the covenants, conditions, restrictions, and all other provisions set forth in this Declaration. 1.3 Design Review Committee or DRC shall mean the Declarant or its assigned agent, whose purpose is to review building and structural improvements to be located on the Property for compliance with this Declaration. Conditions Covenants and Restrictions —Portion of Amended Plat of Willamette Heights Addition to Springfield July 27,2018 Paee 1 1.4 Development Period shall mean that period Declarant requires to sell or convey eighty percent (80%) of the Lots within the Property. 1.5 Home shall mean and refer to any portion of a structure situated on a Lot and designed and intended for use and occupancy as a residence. 1.6 Homeowners Association shall mean and refer to the Owners as defined in 1.4 above, its successors and assigns, organized and established to preserve and maintain the Property and to promote the health, safety and welfare of the occupants of the Property. The Homeowners Association (HOA) may be formed by the Declarant or the Owners at a future date. 1.7 Improved with respect to Oak Street shall mean roadway surface and subgrade improvements (asphaltic concrete pavement and/or gravel) and drainage improvements (roadside ditches, culverts, etc) meant to keep the roadway safe and in good condition. 1.8 Lot shall mean each of the separate parcels of real property comprising the Property described in the Exhibit "A" attached. 1.9 Oak Street, unless otherwise described herein, shall mean the improved portion of Oak Street between 2nd Street and the unnamed street along the most easterly boundary of the Amended Plat of Willamette Heights Addition to Springfield as described above in Recital A. 1.10 Owner shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or a purchaser in possession of a Lot under a land sale contract. 1.11 Plat shall mean and refer to the plat for Amended Plat of Willamette Heights Addition to Springfield as described above in Recital A. 1.12 Property shall have the meaning attributed to such term in the Recitals of this Declaration as more particularly described in Exhibit "A" attached. _ 1.13 Unimproved shall mean any portion of the Oak Street not improved with paving or gravel driving surface and intended to provide physical access for any portion of the Property with frontage on Oak Street. SECTION 2. STANDARDS FOR IMPROVEMENTS 2.1 Homes and Structures. A Lot shall comply with applicable city or county regulations governing dwellings and structures accessory to the dwelling. Except for greenhouses, all outbuildings must match the style, shape, materials and color of the Home. Only non-commercial greenhouses, 200 square feet maximum area shall be allowed on a Lot. Modular or pre -fabricated homes are not permitted. A Lot shall not contain any temporary structures except during construction of the Home. 2.2 Minimum Size and Restrictions. The minimum size of a Home shall be 1800 square feet. All construction of the Home shall be completed on or before the two-year anniversary of the date construction is commenced. All permanent structures are limited to gable, hip or shed roofs. Flat roofs are permitted provided the area of the flat roof is twenty percent (20%) or less of the total area of the roof. No wood shingles are permitted for rooftops. All roof vents must match the color of the roofing material. All exterior trim must be a minimum three inches in width. The exterior color of all structures must be harmonious with Homes on other Lots in the Property. The maximum height of the primary dwelling (excluding chimneys) shall not exceed thirty-five (35) feet measured from the highest ground elevation on which any portion of the foundation is located. All construction plans must follow the guidelines set forth herein. Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition m Springfield JUN 27,2018 Paee 2 2.3 Setbacks. All setbacks from property lines and roadways shall follow applicable city or county regulations. 2.4 Driveways. No more than one driveway access to Oak Street shall be allowed per Lot with a maximum width of 24 feet and a minimum width of 12 feet unless otherwise approved by the DRC. Driveway widths may match parking area widths when within 30 feet of the parking area or as approved by the DRC. All driveways must be constructed with an all-weather surface and in accordance with applicable city or county requirements. At a minimum all-weather shall mean a 12" depth of W-0" quarry rock on top of geotextile fabric, and maintained in a neat, well graded appearance. Gates shall be allowed on driveways as approved by the DRC. All driveways shall include two sleeves (min. 3" diameter), buried at minimum 36" depth below finish surface of driveway for future public or private utility use. 2.4.1 Driveway Approaches. The driveway approach is defined as the portion of the driveway located between the Oak Street paving surface and the lot side margin of the 10 foot setback from the right of way for Oak Street. The driveway approach shall be paved with asphaltic concrete to a minimum width of 20 feet with minimum radii of 10 feet where connecting to Oak Street or similar dimensions as approved by the DRC. 2.5 Utilities. All utilities must be underground and shall comply with all applicable state and county building codes. 2.6 Landscaping. The landscaping shall consist of trees which are primarily fifteen -gallon (15) size or larger, and shrubs which are primarily five -gallon (5) size or larger. All landscaping shall be completed on or before the two-year anniversary of the date construction of a Home is commenced. 2.7 Fencing. No fence height may exceed 5 feet in height with the exception that deer fencing may exceed 8 feet in height to protect garden spaces. All property line fencing to be New Zealand 6" round post with wire or as approved by the DRC. Fence screening around privacy areas interior to the lots shall be approved by the DRC. 2.8 Height Restrictions. No antennae, including ham radio antennas, or other structure (except a chimney) may exceed more than two (2) feet above the highest point of the house. No HVAC unit may be roof mounted. Solar panels may be roof mounted in a similar angle as the roof carrying the panels provided the solar panels have a variance of no more than ten (10) degrees difference from the angle of the roof. SECTION 3. GENERAL USE AND MAINTENANCE RESTRICTIONS In addition to any restrictions imposed by the Plat or by the instrument described above in Recital C, the following use and maintenance restrictions shall apply: 3.1 Maintenance. Each Owner shall be responsible for maintaining and keeping in good order and repair the Owner's Home and Lot, including any garage or outbuildings, yard, or any other open area within the Owner's Lot. 3.2 Use of Lots. Each Lot shall primarily be used for residential purposes. This restriction does not prohibit home offices or other home businesses provided that such offices or businesses shall not have any signage nor shall they impose traffic, noise or other burdens on other Lot Owners. No trailer, camper -truck, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any portion of the Property. 3.3 Agriculture. A Lot may be used for agricultural purposes that are in compliance with applicable city or county regulations and zoning provided that such purposes do not create a nuisance for the other Owners. Conditions Covenants and Restrictions —Portion of Amended Plat of Willamette Heights Addition to Springfield lulu 27, 2018 Pace 3 3.4 Irrigation. In addition to Oregon law restricting irrigation to non-commercial lawn or gardens of up to % acre, the Declarant reserves the right to impose additional restrictions of use to 1/8th of an acre (5,445 square feet) per residence for irrigation if drought conditions warrant limiting use for domestic water uses only. Drought conditions would be evident by water levels in the underground aquifer dropping below the intake of an Owner well and becoming non-productive (ie "drying up"). Determination of whether drought conditions warrant limiting use of water shall be the sole judgement of the Declarant, their successor or assigns. 3.5 Animals. No animals, livestock or poultry of any kind may be raised, bred or kept on a Lot except dogs, cats, or caged birds, provided that such animals are not kept, bred or maintained for any commercial purpose. The Owner of any dog or cat must keep the dog or cat on a leash or keep it confined in the Owner's Lot. No dog or cat may run free on the Property. Each Owner is responsible for cleaning up excrement or other unclean or unsanitary conditions caused by that Owner's animal. 3.6 Waste and Garbage. No part of a Lot may be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. No garbage, trash or other waste may be kept or maintained on any part of a Lot except in a sanitary container located within a structure or within a trash enclosure hidden from public view. All waste and garbage must be promptly and periodically removed. 3.7 Nuisances. No noxious, offensive or unsightly conditions are permitted upon any portion of an Owner's Lot, nor may anything be done on a Lot which is or may become an annoyance or nuisance. 3.8 Vehicle Parking and Storage. All recreational vehicle parking for longer than two (2) weeks must be screened off from the view of neighboring Lots. Occupancy of recreational vehicles by visiting guests is limited to a continuous thirty -day (30) period. A Lot shall not be used for longstanding or major overhaul of vehicles or heavy equipment in open sight, nor may Lot Owners store inoperable vehicles in open sight. 3.9 Noxious Vegetation. All noxious vegetation must be controlled on Lots where noxious vegetation is within 10 feet of Property boundaries unless adjacent owners agree or boundary is along the unimproved portion of the Oak Street. 3.10 Firearms. There shall be no discharging of firearms within the Property SECTION 4. JOINT MAINTENANCE AGREEMENT — OAK STREET Oak Street provides legal access to properties adjacent to it as well as to other unimproved public streets shown on the Plat. Oak Street is local access road under Lane County jurisdiction with a 50 — 60 foot wide right of way running from 2nd Street to the unnamed street on the east boundary of the Plat. As a local access road, Oak Street will not be improved or maintained by Lane County at this time. A portion of Oak Street has been improved by the Declarant to provide physical access to adjacent portions of the Property. The intent of this Declaration is to provide for maintenance of both existing and future improvements made to Oak Street in order to provide physical access to the Property adjacent to Oak Street. This agreement to maintain improvements of Oak Street, existing and future, shall be governed by the following terms: 4.1 Purpose. A maintenance agreement is necessary in order to keep the roadway surface in a safe and drivable condition. The roadway provides ingress and egress to and from the Property, and for installation of such public utilities as may be needed to serve the Property and adjacent properties as is common in public streets. 4.2 Permanent. The rights granted herein are intended to be permanent and run with the land. The rights, covenants and obligations contained in this Declaration shall bind, burden and benefit Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield July 27,2018 Pace 4 each Owner's successors and assigns. 4.3 Roadway Maintenance. The Owners shall be responsible for normal repair and maintenance costs necessary to maintain the Oak Street right of way in good condition between 2rd Street and the unnamed street on the east boundary of the Plat. Items required to be maintained include the roadway surface, drainage facilities (roadside ditches and culverts), trees and other landscaping. The roadway surface and drainage facilities for the road shall be paid for by Owners based on proportionate use of these. To determine proportionate use, for normal repair and maintenance of Oak Street, or when damaged by natural disasters or other events for which Owners are blameless, costs shall be shared on the basis of percentages resulting from dividing the frontage of each Owner along Oak Street by the total frontage of the Property on Oak Street. At the time of recording of this document the total frontage of the Property is 3,825 feet and the frontage for each Lot is shown on Exhibit "B", attached hereto and by reference made a part hereof. Each Owner shall be responsible for repairs, at its sole expense, for damage to the roadway because of negligence or abnormal use by an Owner, a member of an Owner's family, or an Owner's invitee. In addition, Owners shall be solely responsible for trees, landscaping, and driveway culverts along their own property frontage. Repairs and maintenance shall commence upon agreement by 60% of the owners. Any Owner whose primary access is via Oak Street may initiate a vote to commence repairs or maintenance to the roadway. Owners shall contribute to the cost of such repairs and maintenance on the terms stated above by making payment to the Owner initiating the work within thirty (30) days from the date proof of payment is presented. 4.4 No Interference. No Owner or other party shall in any way obstruct, impair or otherwise interfere with the rights of the other Owners with respect to use of the roadway, and except for temporary or emergency conditions, no one shall have the right to park, load or unload any vehicle in the easement roadway. 4.5 Utility Installation. Each Owner shall have the right to install, maintain and repair utility lines within the easement area adjacent to Oak Street as described in that certain Utility Easement granted to the City of Springfield, by and through its Springfield Utility Board in a document recorded August , 2018, Document No. 2018- , including but not limited to the placement of lines for electricity, water, sewer, gas, telephone, television, internet, or other such public or private utilities that may be available to serve the Property and subject to the Springfield Utility Board. The cost of any maintenance or repair of utilities located within the easement area will be the responsibility of the Owner of the Lot serviced by the utilities. 4.6 Restoration. Whenever an Owner's land adjacent to the roadway or easement area is disturbed due to the activities of another Owner installing, maintaining or repairing utility lines, the Owner responsible for the disturbance shall promptly repair the land to reasonably the same condition or better than prior to the activities. SECTION 5. GENERAL PROVISIONS 5.1 Enforcement. Any Owner shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions, and restrictions, and all other provisions now or hereafter imposed by this Declaration. Failure by any Owner to enforce any covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 5.2 Payment of Litigation Costs. The non -prevailing party shall reimburse the other parties for all costs and expenses, including fling fees, costs of depositions, discovery, expert witnesses and reasonable attorney's fees incurred in any suit, action, or arbitration arising out of or relating to this Declaration, including any appeal. 5.3 Amending Conditions Covenants and Restrictions. The Conditions Covenants and Restrictions contained herein can be amended once in any 12 month period upon agreement of 60% of the Owners or at any time with agreement by 75% of the owners. Conditions Covenants and Restrictions— Portion of Amended Plat of willamette Heights Addition to Springfield IuIV 27, 2018 Pate 5 5.4 Term. These Covenants shall run with and be binding on the Property and the Lots located therein and be binding on the parties, Owners, their heirs, successors and assigns, for a term of forty (40) years from the date of recordation, after which time they shall be automatically extended for another term of twenty (20) years unless terminated as evidenced by a document signed by the Owners of at least 75% of the Lots. SECTION 6. HOMEOWNERS ASSOCIATION 6.1 Membership. Each Owner of a Lot shall be a member of the Homeowners Association (HOA), if such is created by Declarant or its successor. 6.2 Creation. Declarant may create and establish the Homeowners Association at any time during the Development Period when, in the opinion of Declarant, it is necessary to provide for the maintenance of a common facility easement or to enforce these Covenants. After the Development Period, the Homeowners Association may be created when a minimum of seventy-five percent (75%) of the Lot Owners vote to establish such entity. 6.3 Powers. The HOA may be established to effectuate the purposes of this Declaration and shall have and exercise the following powers, duties and obligations,: (1) The powers, duties, and obligations granted to the HOA by this Declaration; (2) the powers, duties, and obligations of a nonprofit corporation pursuant to the general nonprofit corporation laws of the State of Oregon and of a homeowners association of a planned community pursuant to the Oregon Planned Community Act, as either or both may be amended from time to time; and (3) the power and duty to effectuate the powers of this Declaration, including, but not limited to, any additional or different powers, duties, and obligations necessary or desirable for the purpose of carrying out the functions of the HOA pursuant to this Declaration or otherwise promoting the general benefit of the Owners within the Property. 6.4 Voting Rights. Voting rights within the HOAwill be allocated as follows: The association will have two classes of voting membership: 6.4.1 Class A. Class A members will be all Owners with the exception of the Declarant (except that beginning on the date on which the Class B membership is converted to Class A membership, as described in 6.4.2 below, and thereafter, Class A members will be all Owners, including the Declarant). Class A members will be entitled to voting rights for each Lot owned. When more than one person holds interest in any Lot, all such persons will be members. The vote for such Lot will be exercised as they among themselves determine, but in no event will more than one vote be cast per Lot. 6.4.2 Class B. The Class B member will be the Declarant and will be entitled to three votes for each Lot owned. The Class B membership will cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: (1) When eighty percent (80%) of the Lots in the Property have been sold and conveyed to Owners other than the Declarant; or (2) at such earlier time as Declarant may elect in writing to terminate Class B membership. 6.5 Transitional Advisory Committee. The Declarant will form a transitional advisory committee to provide for the transition from administrative responsibility by the Declarant to administrative responsibility by the HOA. Not later than the day that sixtieth (60th) day after the Declarant has conveyed all interest in the Property to Owners, the Declarant will call a meeting of Owners for the purpose of selecting the Transitional Advisory Committee. The Committee will consist of three or more members selected by a simple majority the Owners. The Committee will have reasonable access to all information and documents which the Declarant is required to turn over to the HOA under the Oregon Planned Community Act. Conditions Covenants and Restrictions— Portion of Amended Plat of Willamette Heights Addition to Springfield luly 27,2018 Paee 6 6.6 Interim Board' Turnover Meeting. The Declarant will have the right to appoint an interim board of three directors or more, who will serve as the Board of Directors of the HOA until replaced by Declarant or their successors have been have been elected by the Owners at the turnover meeting described in this section. Declarant will call a meeting by giving notice to each owner as provided in the. Bylaws of the HOA for the purpose of turning over administrative responsibility for the Property to the HOA not later than one hundred twenty (120) days after Lots representing seventy-five percent (75) of the votes in the Property have been sold and conveyed to Owners other than Declarant. At the turnover meeting the interim directors will resign and their successors will be elected by the Owners. 6.7 Declarant Control After turnover. After the turnover meeting described in Section 6.5 above, Declarant will continue to have the voting rights of an Owner, should the Declarant remain an Owner. In addition, a majority of the Board of Directors of the HOA will be elected by Declarant, a Class B Member, with the Balance of the Board elected by the ClassA members. After termination of Class B membership, all directors will be elected by the Class A members. 6.8 HOA Rules and Regulations. The HOA may from time to time adopt, modify, or revoke such rules and regulations governing the conduct of persons and the operation and use of the as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the property within the Property. A copy of the rules and regulations, upon adoption, and a copy of each amendment, modification or revocation thereof, will be delivered by the HOA Board of Directors promptly to each Owner and will be binding upon all Owners and occupants of all Lots upon the date of delivery. The method of adoption of such rules will be as provided in the Bylaws of the HOA. 6.9 Liability. Neither the HOA nor any officer or member of its Board of Directors will be liable to any Owner for any damage, loss, or prejudice suffered or claimed on account of any action or failure to act by the HOA, any of its officers or any member of its Board of Directors, provided only that the officer or Board member has acted in good faith in accordance with the knowledge possessed by the member. SECTION 7. DESIGN REVIEW COMMITTEE / DRC 7.1 Declarant's Role. Declarant or its assigned agent shall exercise the architectural and site development review functions further described in this article. Declarant shall have the right to waive any of the building and use restrictions so long as such waiver does not adversely im- pact the present use and enjoyment of other Lots in the Property. 7.2 Architectural/Site Development Review. No building, structure, wall, fence, landscaping or any other improvement shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until the building plans, plot plan, landscape and irrigation plan, and material specifications (hereafter "a complete set of plans") showing the nature, kind, shape, height, materials, color, texture, location, and relationship to existing improvements and vegetation, shall be submitted to Declarant or its assigned agent and approved in writing. 7.3 Complete Set of Plans. A complete set of plans, as referenced herein, shall consist of building plans drawn to a readable scale (preferably one quarter inch equals one foot (1/4" = 1'), consisting of elevations, floor plans, roof plans and pertinent exterior details in order to clearly show all aspects of the proposed design. The plot plan and landscape and irrigation plans shall be drawn using typical Engineering scales (i.e. 1" = 20', 1"=40', 1" = 100') as appropriate for clarity and readability. 7.4 Review Process. Declarant shall conduct its architectural and site development review Conditions Covenants and Restrictions —Portion of Amended Plat of wiIlamette Heights Addition to Springfield luiv 27,2018 Pa¢e 7 functions as follows: 7.4.1 Submittal. Declarant shall have thirty (30) days after receipt of a complete set of plans to respond. If no written response is made, the plans are deemed approved and Declarant may not, after thirty (30) days from receipt of a complete set of plans, require any changes, prohibit or otherwise prevent the Lot Owner form commencing construction. 7.4.2 Conflict Resolution. If, however, within thirty (30) days after receipt of a complete set of plans, Declarant objects to or disapproves the plans, it shall provide the Lot Owner with a written statement identifying the concerns and objections thereto. Declarant shall cooperate with the Lot Owner and exercise its review function in a reasonable manner and further, may require mitigation measures as a condition for approving plans. 7.4.3 Site Development. The natural condition of any Lot shall not be intentionally disturbed by any person without first obtaining the written approval of Declarant. 7.5 Additional Requirements. Declarant and its assigns may adopt architectural and site development submittal requirements that more specifically describe the standards and specifications for what will qualify as a complete set of plans. These requirements may be modified as circumstances change. Dated this ' day of 1 "4 " "S >- , 2018. George B. Baker, Member G & B Farms, LLC STATE OF OREGON County of Lane Br�Devers, Memb G & B Farms, LLC n N This instrument was acknowledged before me on S?. / �- , 2018 By�nd Brandon Devers, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. ,Q George B. Baker, Member WH 200, LLC STATE OF OREGON County of Lane This instrument was acknowledged before me on $" J 1 2018 By �d Brandon DeversBrandon Devers, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. OFFICIAL STAMP ROBYN LEE BECKLEY NOTARY PUBLIC -OREGON COMMISSION NO. 958127 Notary Public —State of Oregon MV COMMISSION EXPIRES JANUARY 09, 2021 Conditions Covenants and Restrictions — Portion of Amended Plat of Willamette Heights Addition to Springfield July 27, 2018 Page 8 functions as follows: 7.4.1 Submittal. Declarant shall have thirty (30) days after receipt of a complete set of plans to respond. If no written response is made, the plans are deemed approved and Declarant may not, after thirty (30) days from receipt of a complete set of plans, require any changes, prohibit or otherwise prevent the Lot Owner form commencing construction. 7.4.2 Conflict Resolution. If, however, within thirty (30) days after receipt of a complete set of plans, Declarant objects to or disapproves the plans, it shall provide the Lot Owner with a written statement identifying the concerns and objections thereto. Declarant shall cooperate with the Lot Owner and exercise its review function in a reasonable manner and further, may require mitigation measures as a condition for approving plans. 7.4.3 Site Development. The natural condition of any Lot shall not be intentionally disturbed by any person without first obtaining the written approval of Declarant. 7.5 Additional Requirements. Declarant and its assigns may adopt architectural and site development submittal requirements that more specifically describe the standards and specifications for what will qualify as a complete set of plans. These requirements may be modgfie�umstances change. of 0---4 —SA , 2018. roe B. Baker, Member B Farms, LLC STATE OF OREGON ) County of Lane ) Member G & B Farms. LLC This instrument was acknowledged before me on F. J V 12018 0-7 By George B. Baker-a�rs, acting in their authorized capacity as Members of G & B Farms�Oregon Limited Liability Company. L/�' CiCL41 Ge ge B. Baker, Member Br Dovers, Member H 200, LLC OFFICIAL H 200 LLC ROBYN LEE BECKLEY NOTARY PUBLICOREGON STATE OF OREGON ) COMMISSIONN0o 127 County of Lane ) MV COMMISSION EXPIRESJANUARY 021 County This instrument was acknowledged before me on �' ) 12018 IPY By George B. Baker and-Br�ers, acting in their authorized capacity as Members of G & B Farms, LLC, an Oregon Limited Liability Company. ::::]mended EY NOTARY ef°zTN Notary Public — State of Oregon MY COMMISSIONOe, 2027Conditions Covenants andRestrictioorttono mended Plat of Willamette Heights Addition to Springfield i.d„» ?nip Pane 9 Exhibit "A" Six (6) tracts of land located in the NW '% and NE '% of Section 2, Township 18 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon, said tracts being more particularly described as follows: Tract I: Lots 1 thru 9 (inclusive) and Lots 12 thru 18 (inclusive) within Block 11, of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: That portion of the vacated 2nd Street, as vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to Lot 9 Block 11 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Except: Any portion of the aforementioned Lot 9, Block 11 contained within the right of way for 2nd Street as conveyed to Lane County in a Warranty Deed recorded February 5, 1997, Reel 2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane County, Oregon. Tract 11: Lots 1 thru 5 (inclusive) within Block 13, of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract I11: Lots 6, 7 and 8 within Block 25 and Block G of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract IV: Block 26 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract V: Lot 10 within Block 27 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Tract VI: Lot 9 within Block 4, Lots 13 and 14 within Block 10, and Lots 6, 7, and 8 within Block 29 of the Amended Plat of Willamette Heights Addition to Springfield, as platted and recorded in Book 4, Page 78, Lane County Oregon Plat Records, in Lane County, Oregon. Also: That portion of 2nd Street vacated by order recorded June 28, 1944 in Book 270, Page 6, Lane County Oregon Deed Records, in Lane County, Oregon, that would inure by law to the Lot 9, Block 4 and Block D of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Also: That portion of Block D of the aforementioned Amended Plat of Willamette Heights Addition to Springfield that lies north of the westerly extension of the north margin of Oak Street, and northeasterly of the northeasterly margin of 2nd Street as conveyed to Lane County in a Warranty Deed recorded January 8, 1997, Reel 2253R Reception No. 97-01380, Lane County Oregon Deed Records, and southeasterly of the southwesterly extension of the northwesterly boundary of Lot 9, Block 4 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield. Except: Any portion of Lot 9, Block 11 of the aforementioned Amended Plat of Willamette Heights Addition to Springfield contained within the right of way for 2nd Street as conveyed to Lane County in a Warranty Deed recorded February 5, 1997, on Reel 2261 R, Reception No. 97-07993, Lane County Oregon Deed Records, in Lane County, Oregon. Conditions Covenants and Restrictions - Portion of Amended Plat of Willamette Heights Addition to Springfield lulu 27,2018 Page 9 Cnndid..n Cw,nann and gezat¢ions—PortionofA .&d Plato!WIl.a. Heights Addition w 5,ingfidd Iuiv27,2018 Pae, 10 o w =a« o LL A !—' 6 8- u SyD 9R4 PGP 5S A, �g$� a 1® %0 u Cnndid..n Cw,nann and gezat¢ions—PortionofA .&d Plato!WIl.a. Heights Addition w 5,ingfidd Iuiv27,2018 Pae, 10 o w =a« o LL A !—' 6 8- u SyD 9R4 PGP 5S �g$� a 1® %0 u fpr 0 w 6 �z2 F E. 0 N x x � N A �r�,dl9 e o F N p F m a r F O O — X a Cnndid..n Cw,nann and gezat¢ions—PortionofA .&d Plato!WIl.a. Heights Addition w 5,ingfidd Iuiv27,2018 Pae, 10 o w =a« o LL A !—' 6 8- u SyD 9R4 PGP 5S �g$� a 1® %0 u Cnndid..n Cw,nann and gezat¢ions—PortionofA .&d Plato!WIl.a. Heights Addition w 5,ingfidd Iuiv27,2018 Pae, 10