HomeMy WebLinkAboutPacket, Pre PLANNER 8/5/2021Pre -Submittal Meeting
Development and Public Works Department
Reem 61
PRE -SUBMITTAL MEETING DATE:
Friday, August 13, 2021
11:00 a.m. - 12:00 p.m.
DPW Conferenee Room 616
Pre -Submittal (Subdivision Plat) #811 -21 -000209 -PRE 811-21-000086-PROJ BRFI Gateway
Assessor's Map: 17-03-22-00 TL: 2109, 2200, 2218, 2219, 2300
Address: 3000 Gateway St
Existing Use: Shoppes at Gateway
Applicant has submitted plans for 22 -lot subdivision based on lease boundaries
Meeting: Friday, August 13, 2021 11:00 — 12:00 via MS Teams
SITE
VICINITY MAP
811 -21 -000209 -PRE Pre -Submittal Meeting
17-03-22-00 TL 2109, 2200, 2218, 2219 & 2300
3000 Gateway St.
BRFI Gateway LLC
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VICINITY MAP
811 -21 -000209 -PRE Pre -Submittal Meeting
17-03-22-00 TL 2109, 2200, 2218, 2219 & 2300
3000 Gateway St.
BRFI Gateway LLC
�ity of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
SPRINGMELD
w *
jApplication Type (Applicant: check one)
Partition Plat Pre -Submittal: Subdivision Plat Pre -Submittal:
Partition Plat Submittal: ❑ Subdivision Plat Submittal:Required Project Information ❑
(Applicant; complete this sectio
Applicant Name: Bo Cromelin - Phone: 458 210-3474
Company: BRFI Gateway, LLC Fax:
Address: 11611 San Vicente Boulevard, Suite 900, Los Angeles, CA 90049
Applicant's Rep.: Renee Clough, P.L.S., P.E., AICP
Phone: (541)746-0637
Company: Branch Engineering, Inc
Fax:
Address: 310 5th Street, Springfield, OR 97477
Property Owner: BRFI Gateway, LLC
Phone: (458)210-3474
Company:
Fax:
Address: 11611 San Vicente Boulevard, Suite 900, Los Angeles, CA 90049
ASSESSOR'S MAP NO: 17-03-22
TAX LOT NOS : 2109, 2200, 2218, 2219, 2300
Property Address: 3000 Gateway Street, Springfield, OR 97477
Size of Property: 56.54 Acres N Square Feet ❑
Proposed Name of Subdivision: THE SHOPPES AT GATEWAY
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: 22 LOT SUBDIVISION
Existin Use: Community Commercial
Tentative Case #:811-21-000112-TYP2
# of Lots Parcels: 22
Av . Lot Parcel Size: 111,948 sf Densit : N/A du acre
Si natures: Please si nand orint your name and date in the arlUrODriate box on the next a e.
completeRequired Project Information (City Intake Staff., this section)
Associated Applications:
Pre -Sub Case No.:
Date:
Reviewed by;
Case No.:
Date:
Reviewed by:
A lication Fee: $
Technical Fee: $
Postage Fee: $0
TOTAL FEES: $
PROJECT NUMBER:
Revised 10.14.13 ki 1 of 6
August 3, 2021 � _AjJ lr64 nch
ENGINEERING=
FINAL PLAT REVIEW COMPLIANCE FOR 5Ynr19'—'
THE SHOPPES AT GATEWAY
AKA THE SHOPPES AT GATWAY SUBDIVISION (811-21-000112-TYP2)
TM 17-03-22; TLS 2109, 2200, 2218, 2219, 2300
Branch Engineering Inc. Project No. 21-035
This application is a submittal of the Final Plat for a Subdivision known as The Shoppes
at Gateway at Map 17-03-22; Tax Lots 2109, 2200, 2218, 2219, and 2300. The Tentative Site Plan
Review was granted approval on June 18, 2021 under File Number 811-21-000112-TYP2. The
following explains how each condition of approval is satisfied.
1. Prior to approval of the Final Subdivision Plat, the applicant must prepare and submit
an amended reciprocal access easement and agreement that includes Lots 1-22 of the
subdivision area along with Tax Lots 2305 & 2307. The reciprocal access easement
agreement must detail the legal and physical access provided to the entire site, as well
as internal traffic circulation on the private loop road, shared driving aisles, shared
driveways, and shared parking lots serving the subdivision area.
A draft Declaration of Easements is included in this submittal. It will be recorded concurrent with
the plat and includes provisions for access throughout the site.
2. Prior to approval of the Final Subdivision Plat, the applicant shall amend the reciprocal
access easement and agreement affecting Lots 1-22 of the subdivision area and Tax Lots
2305 & 2307 to accommodate existing private sanitary sewer laterals that cross the site.
A draft Declaration of Easements is included in this submittal. It will be recorded concurrent with
the plat and includes provisions for existing sanitary sewer laterals throughout the site.
3. Prior to approval of the Final Subdivision Plat, the applicant must complete installation
of the seven vegetated treatmentswales along the western edge of the site to the
satisfaction of the City. The design and configuration of the treatment swales shall be as
originally approved in the Minor Site Plan Modification for the Gateway Mall
reconfiguration project in 2014 (Case TYP114-00031), and as described in the Corrective
Work Summary prepared by h.
Progress has been made on the tasks described in the Corrective Work Summary. It is anticipated
the site will be ready for inspection in the next few weeks.
4. Prior to approval of the Final Subdivision Plat, the applicant must amend the reciprocal
access easement and agreement affecting Lots 1-22 of the subdivision area and Tax Lots
2305 & 2307 to accommodate stormwater cross -drainage and shared stormwater
facilities serving the site
A draft Declaration of Easements is included in this submittal. It will be recorded concurrent with
the plat and includes provisions for stormwater cross -drainage and shared stormwater facilities
throughout the site.
EUGENE -SPRINGFIELD ALBANY
310 5^" Street, Springfield, OR 97477 1 p: 541.746.0637 1 w•"A' . branch a ng in ee ri ng.com
Final Plat Review Compliance
The Shoppes at Gateway
August 3, 2021
5. The reciprocal access easement and agreement and the stormwater Operations &
Maintenance Agreements must provide for perpetual maintenance of the private
stormwater facilities serving the entire site. The O&M Agreement must designate the
entity responsible maintaining the system and must be distributed to all owners and
tenants of the affected subdivision area.
A draft Declaration of Easements is included in this submittal. It will be recorded concurrent with
the plat and includes provisions for the private stormwater facilities.
6. Prior to approval of the Final Subdivision Plat, the applicant must amend the reciprocal
access easement and agreement affecting Lots 1-22 of the subdivision area and Tax Lots
2305 & 2307 to accommodate shared use and access to the water system facilities,
including private fire hydrants and building fire suppression systems.
A draft Declaration of Easements is included in this submittal. It will be recorded concurrent with
the plat and includes provisions for accommodating shared use and access to the water system
facilities, including private fire hydrants and building fire suppression systems throughout the
site.
7. Concurrent with recording of the Final Subdivision Plat, the applicant must record the
amended reciprocal access easement and agreement against Lots 1-22 of the subdivision
area and Tax Lots 2305& 2307 and must provide a recorded copy of the reciprocal
agreement to the city.
The Declaration of Easements will be recorded concurrent with the plat and a copy will be
submitted to the city once it is recorded.
Branch Engineering, Inc.
FIs AmeNcan T/Ne Insurance Company
First American 2892 Crescent Avenue
Eugene, OR 97908-7397
- Phn-(541)984-2900
Fax - (877)783-9167
AMENDED PUBLIC RECORD REPORT
FOR NEW SUBDIVISION OR LAND PARTITION
THIS REPORT IS ISSUED BY THE ABOVE-NAMED COMPANY ("THE COMPANY") FOR THE EXCLUSIVE USE
OF:
Branch Engineering
310 5th ST
Springfield, OR 97477-4643
Phone: (541)746-0637
Fax:
Date Prepared
:July 19, 2021
Effective Date
: 8:00 A.M on July 14, 2021
Order No.
: 7199-3784126
Subdivision
The information contained in this report is furnished by First American Title Insurance Company (the
"Company") as an information service based on the records and indices maintained by the Company for
the county identified below. This report is not title insurance, is not a preliminary title report for title
insurance, and is not a commitment for title insurance. No examination has been made of the Company's
records, other than as specifically set forth in this report. Liability for any loss arising from errors and/or
omissions is limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will
have no greater liability by reason of this report. This report is subject to the Definitions, Conditions and
Stipulations contained in it.
REPORT
A. The Land referred to in this report is located in the County of Lane, State of Oregon, and is
described as follows:
As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof.
B. As of the Effective Date, the tax account and map references pertinent to the Land are as
follows:
As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof.
C. As of the Effective Date and according to the Public Records, we find title to the land apparently
vested in:
As fully set forth on Exhibit "B" attached hereto and by this reference made a part hereof
D. As of the Effective Date and according to the Public Records, the Land is subject to the following
liens and encumbrances, which are not necessarily shown in the order of priority:
As fully set forth on Exhibit "C" attached hereto and by this reference made a part hereof.
Public Record Report for New Subdivision or Partition
Page 1 of 16 (Ver. 20080422)
First American Title Insurance Company
Public "cord Report for New Subdivision or Land Partition
Order No. 7199-3784126
EXHIBIT "A"
(Land Description Map Tax and Account)
SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHEAST 1/4
OF SECTION 21 AND SOUTHWEST Y4 OF SECTION 22, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE
WILLAMETTE MERIDIAN, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
ALL THOSE LANDS CONVEYED AS PARCELS I, II AND III OF THAT SPECIAL WARRANTY DEED
RECORDED ON AUGUST 1, 2017 AS RECEPTION NUMBER 2017-037745 IN THE LANE COUNTY OREGON
OFFICIAL RECORDS, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY HARLOW ROAD RIGHT-OF-WAY MARGIN
AND THE EASTERLY INTERSTATE 5 RIGHT-OF-WAY MARGIN; THENCE ALONG SAID INTERSTATE 5
RIGHT-OF-WAY MARGIN NORTH 04°5259" EAST, 310.02 FEET TO THE NORTHWEST CORNER OF
PARCEL IV AND SOUTHWEST CORNER OF PARCEL II, BOTH OF THE AFORESAID DEED RECORDED AS
RECEPTION NUMBER 2017-037745, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG
THE COMMON LINE BETWEEN SAID PARCELS II AND IV SOUTH 89024'18" EAST, 619.25 FEET TO AN
ANGLE POINT; THENCE CONTINUING ALONG SAID COMMON LINE NORTH 68050'35" EAST, 194.68 FEET
TO THE WESTERLY MARGIN OF BEVERLY STREET, ALSO BEING AN ANGLE POINT IN THE SOUTHERLY
BOUNDARY OF THOSE LANDS CONVEYED IN THAT WARRANTY DEED RECORDED ON MARCH 13, 1990
AS INSTRUMENT 9011882 ON REEL 1620R IN THE LANE COUNTY OREGON OFFICIAL RECORDS;
THENCE ALONG THE BOUNDARIES OF SAID INSTRUMENT 9011882 THE FOLLOWING FIFTEEN
COURSES: (1) NORTH 21009'23" WEST, 53.97 FEET, (2) SOUTH 68°53'09" WEST, 217.49 FEET, (3)
NORTH 89°49'43" WEST, 365.85 FEET, (4) NORTH 04°52'19" EAST, 598.92 FEET, (5) SOUTH 85°07'43"
EAST, 192.35 FEET, (6) SOUTH 04°52'19" WEST, 146.92 FEET, (7) SOUTH 85"0741" EAST, 179.07
FEET, (8) NORTH 04°52'19" EAST, 4.8S FEET, (9) SOUTH 85°0741" EAST, 35.78 FEET, (10) NORTH
34°53'51" EAST, 84.20 FEET, (11) SOUTH 85°0741" EAST, 429.71 FEET, (12) SOUTH 04°08'20" EAST,
65.26 FEET, (13) 290.59 FEET ALONG A TANGENT 228.00 FOOT RADIUS CURVE TO THE RIGHT
THROUGH A DELTA ANGLE OF 73°01'29" WITH A 271.32 FOOT CHORD BEARING SOUTH 32°22'24"
WEST TO A POINT OF TANGENCY, (14) SOUTH 68°53'09" WEST, 166.78 FEET, (15) SOUTH 21°0923"
EAST, 53.93 FEET TO THE EASTERLY MARGIN OF BEVERLY STREET, ALSO BEING A POINT ON THE
SOUTHERLY BOUNDARY OF THE AFORESAID PARCEL II; THENCE CONTINUING ALONG SAID
SOUTHERLY BOUNDARY NORTH 58°5035" EAST, 577.05 FEET TO THE WESTERLY MARGIN OF
GATEWAY STREET, SAID MARGIN LYING 40.00 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT,
OF THE CENTERLINE OF SAID GATEWAY STREET; THENCE ALONG SAID WESTERLY MARGIN 248.05
FEET ALONG A 2904.79 FOOT RADIUS CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 04°5334"
WITH A 247.98 FOOT CHORD BEARING NORTH 099549" WEST TO THE SOUTHERLY CORNER OF THE
GATEWAY STREET RIGHT-OF-WAY DEDICATION CONVEYED AS SOUTH ENTRANCE IN THAT BARGAIN
AND SALE DEED RECORDED MARCH 8, 1990 AS INSTRUMENT 9011194 ON REEL 162OR IN THE LANE
COUNTY OREGON OFFICIAL RECORDS, SAID POINT LYING AT RIGHT ANGLES TO STATION 6+54.43 OF
THE AFORESAID CENTERLINE OF GATEWAY STREET; THENCE ALONG THE WESTERLY BOUNDARY OF
SAID DEDICATION THE FOLLOWING SEVEN COURSES: (1) NORTH 39°35'14" WEST, 46.13 FEET, (2)
NORTH 05°32'09" WEST, 93.25 FEET, (3) NORTH 14°3431" EAST, 24.98 FEET, (4) NORTH 04°00'17"
WEST, 10.01 FEET, (5) NORTH 86°05'37" EAST, 4.00 FEET, (6) 169.47 FEET ALONG A 2917.79 FOOT
RADIUS CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 03°19'40" WITH A 169.44 FOOT CHORD
BEARING NORTH 02°14'33" WEST, SAID CURVE LYING 53.00 FEET WESTERLY, BY PERPENDICULAR
MEASUREMENT, OF THE AFORESAID CENTERLINE OF GATEWAY STREET, (7) 11.62 FEET ALONG A
COMPOUND 127.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 05°14'32"
WITH A 11.62 FOOT CHORD BEARING NORTH 0200233" EAST TO THE SOUTHERLY CORNER OF THE
GATEWAY STREET RIGHT-OF-WAY DEDICATION CONVEYED IN THAT BARGAIN AND SALE DEED
RECORDED OCTOBER 9, 2008 AS RECEPTION NUMBER 2008-056324 IN THE LANE COUNTY OREGON
OFFICIAL RECORDS, SAID POINT LYING 52.49 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT,
OF STATION 9+94.42; THENCE ALONG THE WESTERLY BOUNDARY OF LAST SAID DEDICATION THE
FOLLOWING SIX COURSES: (1) NORTH 01015'06" EAST, 94.59 FEET TO A POINT LYING 51.38 FEET
WESTERLY, BY PERPENDICULAR MEASUREMENT, OF STATION 10+87.32, (2) NORTH 00°55'13" EAST,
43.90 FEET TO A POINT LYING 52.16 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT, OF
Public Record Report for New Subdivision or Partition
Page 2 of 16 (Ver. 20080422)
First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. 7199-3789126
STATION 11+30.43, (3) NORTH 03°4859" EAST, 73.23 FEET TO A POINT LYING 51.23 FEET WESTERLY,
BY PERPENDICULAR MEASUREMENT, OF STATION 12+02.36, (4) NORTH 04°29'00" EAST, 113.43 FEET
TO A POINT LYING 51.75 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT, OF STATION
13+14.60, (5) 20.40 FEET ALONG A TANGENT 40.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A
DELTA ANGLE OF 29°1335" WITH A 20.18 FOOT CHORD BEARING NORTH 19°05'48" EAST TO A POINT
OF TANGENCY, SAID POINT LYING 46.88 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT OF
STATION 13+34.19, (6) NORTH 33°4235" EAST, 14.40 FEET TO A POINT LYING 40.00 FEET WESTERLY,
BY PERPENDICULAR MEASUREMENT, OF STATION 13+46.83; THENCE ALONG THE AFORESAID
WESTERLY MARGIN OF GATEWAY STREET LYING 40.00 FEET WESTERLY, BY PERPENDICULAR
MEASUREMENT, OF THE CENTERLINE NORTH 05°09'01" EAST, 722.78 FEET TO THE SOUTHERLY
CORNER OF THE GATEWAY STREET RIGHT-OF-WAY DEDICATION CONVEYED AS NORTH ENTRANCE IN
THAT AFORESAID BARGAIN AND SALE DEED RECORDED AS INSTRUMENT 9011194, SAID POINT LYING
AT RIGHT ANGLES TO STATION 20+69.61 OF THE AFORESAID CENTERLINE OF GATEWAY STREET;
THENCE ALONG THE WESTERLY BOUNDARY OF LAST SAID DEDICATION THE FOLLOWING EIGHT
COURSES: (1) NORTH 27°2835" WEST, 46.37 FEET, (2) ALONG A LINE LYING 65.00 FEET WESTERLY,
BY PERPENDICULAR MEASUREMENT, OF THE AFORESAID CENTERLINE OF GATEWAY STREET NORTH
05°09'01" EAST, 91.29 FEET, (3) NORTH 23°4945" EAST, 24.98 FEET, (4) ALONG A LINE LYING 57.00
FEET WESTERLY, BY PERPENDICULAR MEASUREMENT, OF THE AFORESAID CENTERLINE OF GATEWAY
STREET NORTH 05009'01" EAST, 10.00 FEET, (5) SOUTH 84°51'19" EAST, 4.00 FEET, (6) ALONG A LINE
LYING 53.00 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT, OF THE AFORESAID CENTERLINE
OF GATEWAY STREET NORTH 05°09'01" EAST, 138.73 FEET, (7) 48.56 FEET ALONG A TANGENT 127.00
FOOT RADIUS CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 21°5432" WITH A 48.27 FOOT
CHORD BEARING NORTH 16°06'17" EAST, (8) 20.27 FEET ALONG A REVERSE 53.00 FOOT RADIUS
CURVE TO THE LEFT THROUGH A DELTA ANGLE OF 2105432" WITH A 20.14 FOOT CHORD BEARING
NORTH 16°06'17" EAST TO A POINT OF TANGENCY WITH THE AFORESAID WESTERLY MARGIN OF
GATEWAY STREET LYING 40.00 FEET WESTERLY, BY PERPENDICULAR MEASUREMENT, OF THE
CENTERLINE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL III OF THE AFORESAID
DEED RECORDED AS RECEPTION NUMBER 2017-037745; THENCE ALONG THE NORTHERLY BOUNDARY
OF SAID PARCEL III SOUTH 89°57'55" WEST, 862.86 FEET TO THE NORTHEASTERLY CORNER OF THE
INTERSTATE 5 RIGHT -O- WAY DEDICATION CONVEYED AS PARCEL 1 IN THAT GENERAL JUDGMENT
RECORDED APRIL 6, 2007 AS RECEPTION NUMBER 2007-022874 IN THE LANE COUNTY OREGON
OFFICIAL RECORDS, SAID POINT LYING 534.78 FEET EASTERLY, BY PERPENDICULAR MEASUREMENT,
OF STATION 466+78.88 OF THE CENTERLINE OF THE AFORESAID INTERSTATE 5; THENCE ALONG THE
SOUTHERLY BOUNDARY OF LAST SAID DEDICATION THE FOLLOWING FIVE COURSES: (1) SOUTH
04°52'59" WEST, 10.10 FEET TO A POINT LYING 534.78 FEET EASTERLY, BY PERPENDICULAR
MEASUREMENT, OF STATION 466+88.98, (2) NORTH 8905946" WEST, 135.00 FEET TO A POINT LYING
400.26 FEET EASTERLY, BY PERPENDICULAR MEASUREMENT, OF STATION 467+00.46, (3) SOUTH
88°21'48" WEST, 92.46 FEET TO A POINT LYING 308.40 FEET EASTERLY, BY PERPENDICULAR
MEASUREMENT, OF STATION 467+10.96, (4) SOUTH 81°58'33" WEST, 80.78 FEET TO A POINT LYING
229.66 FEET EASTERLY, BY PERPENDICULAR MEASUREMENT, OF STATION 467+29.00, (5) SOUTH
87°50'22" WEST, 80.26 FEET TO A POINT LYING 150.00 FEET EASTERLY, BY PERPENDICULAR
MEASUREMENT, OF STATION 467+38.85; THENCE ALONG THE AFORESAID EASTERLY INTERSTATE 5
RIGHT-OF-WAY MARGIN SOUTH 04°5259" WEST, 2306.77 FEET, RETURNING TO THE POINT OF
BEGINNING.
Map No.: 17-03-22-00-02218, 17-03-22-00-02109, 17-03-22-00-02200, 17-03-22-00-02300 and 17-03-
22-00-02219
Tax Account No.: 1459146, 1054251, 0188373, 0188449 and 1489812
Public Record Report For New Subdivision or Partition
Page 3 of 16 (Ver. 20080922)
First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. ]1N-3]84126
EXHIBIT "B"
(Vesting)
BRFI Gateway, LLC, a Delaware Limited Liability Company
Public Record Report for New Subdivision or Partition
Page 4 of 16 (Ver. 20080422)
First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. 7199-3784126
EXHIBIT"C"
(Liens and Encumbrances)
1. Taxes for the fiscal year 2021-2022 a lien due, but not yet payable
2. City liens, if any, of the City of Springfield.
3. Easement, including terms and provisions contained therein:
Recording Information: lune 23, 1926 as Book 148, Page 571, Deed Records of
Lane County, Oregon
In Favor of: Mountain States Power Company
For: Electric transmission lines and/or electric distribution
system
4. Easement, including terms and provisions contained therein:
Recording Information: November 04, 1936 as Book 189, Page 24, Deed
Records of Lane County, Oregon
In Favor of: Eugene -Springfield Land & Water Company
For: Irrigation ditches and canals
The above easement was assigned by numerous documents, the last of which was Quitclaim Deed,
Recorded February 22, 1989, Reception No. 89-08203, in the aforesaid land records.
5. Limited access provisions contained in Deedto the State of Oregon, by and through its State Highway
Commission recorded June 28, 1957, Reception No. 16055, which provides that no right of easement
or right of access to, from or across the State Highway other than expressly therein provided for shall
attach to the abutting property.
6. Limited access provisions contained in Deedto the State of Oregon, by and through its State Highway
Commission recorded May 15, 1958, Reception No. 38851, which provides that no right of easement
or right of access to, from or across the State Highway other than expressly therein provided for shall
attach to the abutting property.
7. Easement, including terms and provisions contained therein:
Recording Information: October 30, 1959, Reception No. 82151
In Favor of: Eugene Water & Electric Board
For: Electric power, telephone and telegraph equipment,
lines and poles
B. Easement, including terms and provisions contained therein:
Recording Information: November 03, 1959, Reception No. 82428
In Favor of: Eugene Water & Electric Board
For: Electric power, telephone and telegraph equipment,
lines and poles
9. Easement, including terms and provisions contained therein:
Recording Information: February 21, 1962, Reception No. 60269
In Favor of: Pacific Power & Light Company
For: Electric transmission and distribution fines
Public Recad Report far New Subdivision or Patton
Page 5 of 16 (Ver. 20080422)
First American Title Insurance company
Public Record Report for New subdivision or Land Pardbon
Order No. 7199-3784126
10. Easement, including terms and provisions contained therein:
Recording Information: February 21, 1962, Reception No. 60270
In Favor of: Pacific Power & Light Company
For: Electric transmission and distribution lines
11. Easement, including terms and provisions contained therein as disclosed by the following document::
Recording Information: May 21, 1962, Reception No. 70248
In Favor of: Pacific Power & Light Company
For: Electric transmission and distribution lines
12. Easement, including terms and provisions contained therein as disclosed by the following document:
Recording Information: May 21, 1962, Reception No. 70248
In Favor of: McKenzie Water Control District
For: Floodway and ditches
13. Easement, including terms and provisions contained therein
Recording Information:
September 24, 1976, Reception No. 76-50098
In Favor of:
City of Springfield
For:
Drainage purposes
14. Easement, including terms and provisions contained therein:
Recording Information:
September 24, 1976, Reception No. 76-50099
In Favor of:
City of Springfield
For:
Drainage purposes
15. Easement, including terms and provisions contained therein:
Recording Information:
February 08, 1980, Reception No. 80-07062
In Favor of:
City of Springfield
For:
Public utilities
16. Disposition and Development
Agreement and the terms and conditions thereof:
Between:
The City of Springfield
And:
Gateway Mall Limited Partnership
Recording Information:
October 21, 1988, Reception No. 88-44251
Modification and/or amendment by instrument:
Recording Information: March 13, 1990, Reception No. 90-11886 and February 11, 1998 as
Instrument No. 1998-09140
17. Waiver, Consent to Pay Assessment, Agreement to Pay Certain Improvement Costs, and Agreement
for Provision of Surety including the terms and provisions thereof:
Recorded: October 21, 1988, Reception No. 88-44252
Executed by: Gateway Mall Limited Partnership
18. Easement, including terms and provisions contained therein:
Recording Information: September 28, 1989, Reception No. 89-43900
In Favor of: Eugene Water & Electric Board
For: Underground electric distribution line
Public Record Report for New Subdivision or Partition
Page 6 of 16 (Ver. 20080422)
nrst American Title insurance company
Public Record Report for New Subdivision or rand Partition
Order No. 7199-3784126
19. Easement, including terms and provisions contained therein:
Recording Information: February 23, 1990, Reception No. 90-08986
In Favor of: Rainbow Water Fire District
For: Underground water line
20. Easement, including terms and provisions contained therein:
Recording Information: March 08, 1990, Reception No. 90-11195
In Favor of: City of Springfield
For: Storm sewer line and traffic signal devices
21. Construction, Operation and Reciprocal Easement Agreement, including terms and provisions thereof.
Recorded: March 13, 1990, Reception No. 90-11883
Modification and/or amendment by instrument:
Recording Information: June 13, 2003 as Instrument No. 2003-053669
Modification and/or amendment by instrument:
Recording Information: October 29, 2013 as Instrument No. 2013-056807
Modification and/or amendment by instrument:
Recording Information: June 10, 2014 as Instrument No. 2014-021249
Assignment and Assumption Agreement and the terms and conditions thereof, recorded March 07,
2017 as Instrument No. 2017-011363.
22. Unrecorded Separate Agreement and the terms and conditions thereof:
Between: Gateway Mall Limited Partnership
And: Dayton -Hudson Corporation (Target), as disclosed by
memorandum thereof
Recording Information: March 13, 1990, Reception No. 90-11884
23. Lease and the terms and conditions thereof
Lessor:
Gateway Mall Limited Partnership a South Dakota limited
partnership
Lessee:
Sears, Roebuck and Co., a New York Corporation
As disclosed by:
Memorandum of Lease
Recorded:
April 09, 1990
Recording No.:
Reception No. 90-16157
(Affects a portion)
Agreement of Subordination, Non -Disturbance and Attornment, including the teens and provisions
thereof, recorded January 06, 2016 as Instrument No. 2016-000456
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC and (as successor -
in interest), as lessor, Sears, Roebuck and Co., a New York corporation, as tenant, dated September
19, 2017, and recorded September 20, 2017 as Instrument No. 2017-047246.
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
Public Record Report for New Subdivision or Partition
Page 7 of 16 (Ver. 20080422)
28. Easement, including terms and provisions contained therein:
Recording Information: September 26, 1997 as Instrument No. 1997-65399
In Favor of: City of Springfield
For: Public utilities
29. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease
Lessor:
First American Title Insurance company
Lessee:
Cinemark USA, Inc., a Texas Corporation
Public Record Report for New Subdivision
or Land Partition
Recorded:
Order No. 7199-3784126
Recording Information:
24.
Lease and the terms and conditions thereof:
Lessor:
Gateway Mall Partners, a South Dakota general partnership
Lessee:
United Merchandising Corp., a California Corporation
As disclosed by:
Memorandum of Lease
Recorded:
April 11, 1995
Recording No.:
Instrument No. 1995-19998
(Affects a portion)
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown
herein.
25.
Easement, including terms
and provisions contained therein:
Recording Information:
lune 18, 1996 as Instrument No. 1996-40795
In Favor of:
Springfield Utility Board
For:
Utility purposes
26.
City of Springfield Improvement
Agreement and Application for Sewer Hookup, including terms and
provisions thereof.
Recorded:
June 20, 1996 as Instrument No. 1996-41612
27.
Easement, including terms
and provisions contained therein:
Recording Information:
October 30, 1996 as Instrument No. 1996-73241
In Favor of:
Springfield Utility Board
For:
Utilities
28. Easement, including terms and provisions contained therein:
Recording Information: September 26, 1997 as Instrument No. 1997-65399
In Favor of: City of Springfield
For: Public utilities
29. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease
Lessor:
Gateway Mall Partners, a South Dakota general partnership
Lessee:
Cinemark USA, Inc., a Texas Corporation
Dated:
November 25, 1997
Recorded:
September 07, 1999
Recording Information:
Instrument No. 1999-077472
(Affects a portion)
Subordination, Non -Disturbance and Attornment Agreement, including the terms and provisions
thereof, recorded Janaury 06, 2016 as Instrument No. 2016-000457.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC and (as successor-
ininterest), as lessor, CINEMARK USA, INC., a Texas corporation, as tenant, dated September 19,
2017, and recorded September 20, 2017 as Instrument No. 2017-046716.
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
Public Record Report Por New Subdivision or Partition
Page 8 of 16 (Ver. 20080422)
• First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. 7199-3784126
30. Easement, including terms and
provisions contained therein:
Recording Information:
November 16, 2001 as Instrument No. 2001-076670
In Favor of:
City of Springfield, acting by and through its Springfield
Utility Board
For:
utility
31. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease.
Lessor:
GGP - Gateway Mall, L.L.C., a Delaware limited liability company
Lessee:
RCI Realty, LLC, a Georgia limited liability company
Dated:
December 31, 2001
Recorded:
March 01, 2002
Recording Information:
Instrument No. 2002-016301
(Affects a portion)
Assignment of Rights in Lease,
including the terms and provisions thereof,
Dated: October 11, 2002
Recorded: October 30, 2002
Document No.: Instrument No.
2002-084778
An assignment of the Lessee's
interest in said lease was
Executed By:
Amrest, LLC, a Delaware limited liability company
To:
Apple Oregon, LLC, a Delaware limited liability company
Dated:
October 10, 2012
Recorded:
October 16, 2012
Recording Information:
Instrument No. 2012-053095
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
32. Easement, including terms and
provisions contained therein:
Recording Information:
June 04, 2002 as Instrument No. 2002-042936
In Favor of:
City of Springfield, a municipal corporation, acting by
and through its Springfield Utility Board
For:
utilities
33. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease.
Lessor: GGP-Gateway Mall L.L.C., formerly known as Gateway Mall
Partners, a South Dakota general partnership
Lessee: OCB Restaurant Co., a Minnesota corporation, as successor by
merger to OCB Realty Co.
Term: 5 years
Dated: lune 06, 2003
Recorded: June 13, 2003
Recording Information: Instrument No. 2003-053841
(Affects a portion)
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
The assignment of Lessee's interest under the lease.
Assigned By: OCB Restaurant Co., a Minnesota corporation, as successor by
merger to OCB Realty Co.
Assigned To: ORGS LLC, a Delaware limited liability company
Public Record Report for New Subdivision or Partition
Page 9 of 16 (Ver. 20080422)
First American Title Insurance Company
Public Record Report for New Subdivision or t rcl Partdion
Order No. 7199-3784126
Dated: June 06, 2003
Recorded: June 13, 2003
Recording No.: Instrument No. 2003-053842
(Affects a portion)
Grant Deed (Improvements), including the terms and provisions thereof,
Recorded: June 13, 2003
Document No.: Instrument No. 2003-053843
(Affects only improvements owned by ORG5, LLC)
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
34. Lease and the terms and conditions thereof
Lessor:
ORG5 LLC, a Delaware limited liability company
Lessee:
ORG Properties LLC, a Delaware limited liability company
As disclosed by:
Memorandum of Lease
Recorded:
June 13, 2003
Recording No.:
Instrument No. 2003-053847
35. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease.
Lessor:
ORG Properties LLC, a Delaware limited liability company
Lessee:
O.R.G. Restaurants, LLC, a California limited liability company
Term:
15 years
Dated:
June 06, 2003
Recorded:
June 13, 2003
Recording Information:
Instrument No. 2003-053850
(Affects a portion)
Modification and/or amendment
by instrument:
Recording Information:
May 07, 2013 as Instrument No. 2013-024627
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
36. Non -Disturbance and Attornment Agreement, including terms and provisions thereof.
Recorded: June 13, 2003 as Instrument No. 2003-053851
37. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease.
Lessor: GGP-Gateway Mall, L.L.C., a Delaware limited liability company
Lessee: Kohl's Department Stores, Inc., a Delaware corporation
Term: Term expiring January 31, 2027, subject to 8 separate options to
extend the term for successive periods of 5 years each
Dated: August 15, 2005
Recorded: November 15, 2005
Recording Information: Instrument No. 2005-090944
(Affects a portion)
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC (as successor -in -
interest), as lessor, KOHL'S DEPARTMENT STORES, INC., a Delaware corporation, as tenant, dated
September 19, 2017, and recorded September 20, 2017 as Instrument No. 2017-046717.
Public Record Report for New subdivision or Partition
Page 10 of 16 (Ver. 20880422)
First American Title Insurance Company
Public Record Report for New Subdivision or band Partition
Order No. 7199-3784126
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
38. Easements, including the terms and provisions thereof, contained in that General Judgment entered
in Lane County Circuit Court Case No. 160600821, and recorded April 06, 2007 as Instrument No.
2007-022874
39. Landlord Agreement and the terms and conditions thereof:
Between: Apple Oregon, LLC, a Delaware limited liability company
And: GGP-Gateway Mall, LLC, a Delaware limited liability
company
Recording Information: December 26, 2012 as Instrument No. 2012-066081
40. Lease and the terms and conditions thereof:
Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company
Lessee: Wal-Mart Stores, Inc., a Delaware corporation
As disclosed by: Memorandum of Lease
Recorded: December 27, 2012
Recording No.: Instrument No. 2012-066273
(Affects a portion)
Subordination, Non -Disturbance and Attornment Agreement, including the terms and provisions
thereof, recorded February 04, 2016 as Instrument No. 2016-004754
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, including terms and provisions thereof by and between
BRFI Gateway, LLC (as successor -in -interest), as lessor, Wal-Mart Stores, Inc. a Delaware
corporation, as tenant, dated September 19, 2017, and recorded September 20, 2017 as Instrument
No. 2017-046715.
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
41. Payment and Performance Bond, including terms and provisions thereof.
Recorded: March 28, 2013 as Instrument No. 2013-016861
42. Unrecorded lease dated July 23, 2010, as amended, by and between BRFI Gateway, LLC
(successonn-interest), as landlord, and Cabela's Wholesale, Inc., a Nebraska corporation, as tenant.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination
Agreement, Acknowledgment of Lease Assignment, Estoppel, Attornment and Non -Disturbance
Agreement, by and between BRFI Gateway, LLC (as successor -in -interest), as lessor, Cabela's
Wholesale, Inc., a Nebraska, as tenant, dated September 19, 2017, and recorded September 20,
2017 as Instrument No. 2017-046718.
43. Unrecorded lease dated June 28, 2013, as amended, by and between BRFI Gateway, LLC
(successonn- interest), as landlord, and Marshalls of MA, Inc., a Massachusetts corporation, as
tenant.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC (as successor -m -
Public Record Report far New Subdivision or Partition
Page 11 of 16 (Ver. 20080422)
First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. 7199-3784126
interest), as lessor, Marshalls of MA, Inc., a Massachusetts corporation, as tenant, dated November 8,
2017, and recorded November 09, 2017 as Instrument No. 2017-055692.
44. Lease and the terms and conditions thereof:
Lessor: GGP - Gateway Mall L.L.C., a Delaware limited liability company
Lessee: Wingmen V, LLC, a Washington limited liability company
As disclosed by: Memorandum of Lease
Recorded: May 17, 2013
Recording No.: Instrument No. 2013-026684
(Affects a portion)
45. Restrictions implied by that certain Memorandum of Lease from GGP - Gateway Mall L.L.C., a
Delaware limited liability company, Lessor, to Wingmen V, LLC, a Washington limited liability
Company, Lessee, recorded May 17, 2013 as Instrument No. 2013-026684.
46. Notice of Operations and Maintenance Agreement, including terms and provisions thereof.
Recorded: February 26, 2014 as Instrument No. 2014-006757
47. An unrecorded lease and the terms and conditions thereof, disclosed by instrument recorded May 05,
2014 as Instrument No. 2014-016278.
Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company
Lessee: Hobby Lobby Stores, Inc., an Oklahoma corporation
Dated: March 31, 2014
Term: SO
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, including terms and provisions thereof by and between
BRFI Gateway, LLC (as successor-in-interest), as lessor, Hobby Lobby Store, Inc., an Oklahoma
corporation, as tenant, dated September 19, 2017, and recorded September 20, 2017 as Instrument
No. 2017-046719.
48. Unrecorded lease dated September 30, 2014, as amended, by and between BRFI Gateway, LLC (as
successor-in-interest), as lessor, Gateway Health Club, LLC, an Oregon limited liability Company, as
tenant.
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC (as successor-m-
interest), as lessor, Gateway Health Club, LLC, an Oregon limited liability company, as tenant, dated
September 19, 2017, and recorded September 20, 2017 as Instrument No. 2017-050793.
49. An unrecorded lease and the terms and conditions thereof, disclosed by instrument
recorded February 24, 2015 as Instrument No. 2015-007001.
Lessor: GGP-Gateway Mall, LLC, a Delaware limited liability company
Lessee: Ulta Salon, Cosmetics & Fragrance, Inc., a Delaware Corporation
Dated: February 10, 2015
Public Record Report for New Subdivision or Partition
Page 12 of 16 (Ver. 20080422)
First American Title Insurance Company
Public R curd Report for New Subdivision or land Partition
Order No. 7199-3784126
50. Lease and the terms and conditions thereof
Lessor:
GGP-Gateway Mall, L.L.C., a Delaware limited liability company
Lessee:
Ross Dress for Less, Inc., a Virginia corporation
As disclosed by:
Memorandum of Lease
Recorded:
March 13, 2015
Recording No.:
Instrument No. 2015-009799
(Affects said land and other properties)
The lease above being subordinated to the Insured Mortgage by virtue of a Subordination,
Nondisturbance and Attornment Agreement, by and between BRFI Gateway, LLC and (as successor-
ininterest), as lessor, ROSS DRESS FOR LESS, INC., a Virginia corporation, as tenant, dated
September 19, 2017, and recorded October 16, 2017 as Instrument No. 2017-050792.
51. Subordination, Non -Disturbance and Attornment Agreement, including terms and provisions thereof.
Recorded: May 13, 2015 as Instrument No. 2015-020736
(Affects said land and other properties)
52. Deed of Trust and Assignment of Rents.
Grantor/Trustor: BRFI Gateway, LLC, a Delaware Limited Liability Company
Grantee/Beneficiary: Wells Fargo Bank, National Association
Trustee: First American Title Insurance Company, a Nebraska Corporation
Amount: $59,500,000.00
Recorded: September 20, 2017
Recording Information: Instrument No. 2017-046713
(Affects said land and other property)
Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on
said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that
the beneficiary will issue a proper request for full reconveyance.
Modification and/or amendment by instrument:
Recording Information: January 20, 2021 as Instrument No. 2021-003840
Re-recorded January 26, 2021 as Instrument No. 2021-005399.
53. Public Access and Maintenance Easement Agreement for Bicycle and Pedestrian Facilities, including
terms and provisions thereof.
Recorded: July 25, 2018 as Instrument No. 2018-034455
(Affects Taxlot 2109 and Taxlot 2200)
54. Unrecorded leases or periodic tenancies, if any.
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount: $185,508.82
Map No.: 17-03-22-00-02218
Property ID: 1459146
Tax Code No.: 01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount: $19,568.50
Map No.: 17-03-22-00-02109
Public Record Report for New Subdivision or Partition
Page 13 of 16 (Ver. 20880922)
First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. 7199-3764126
Property ID: 1054251
Tax Code No.: 01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount: $945,103.70
Map No.: 17-03-22-00-02200
Property ID: 0188373
Tax Code No.: 01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount: $178,642.31
Map No.: 17-03-22-00-02300
Property ID: 0188449
Tax Code No.: 01900
NOTE: Taxes for the year 2020-2021 PAID IN FULL
Tax Amount: $91,023.01
Map No.: 17-03-22-00-02219
Property ID: 1489812
Tax Code No.: 01900
NOTE: This Public Record Report -Subdivision does not include a search for Financing Statements fled in
the Office of the Secretary of State, or in a county other than the county wherein the premises are
situated, and no liability is assumed if a Financing Statement is filed in the Office of the County
Clerk covering Fixtures on the premises wherein the lands are described other than by metes and bounds
or under the rectangular survey system or by recorded lot and block.
Public Record Report for New subdivision or Partition
Page 14 of 16 (Ver. 20080422)
First American Title Insurance Company
Public Record Report for New Subdivision or Land Partition
Order No. 7199-3784126
DEFINITIONS, CONDITIONS AND STIPULATIONS
1. Definitions. The following terms have the stated meaning when used in this report:
(a) "Customer": The person or persons named or shown as the addressee of this report.
(b) "Effective Date": The effective data stated in this report.
(c) "Land": The land specifically described in this report and improvements affixed thereto which by law constitute real
Property.
(d) "Public Records": Those records which by the laws of the state of Oregon impart constructive notice of matters relating to
the Land.
2. Liability of the Company.
(a) THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO
REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TORE INSURANCE COMMITMENT OR
PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY
FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER
PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN
CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR
FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS,
AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF
THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICANTS SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY
AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE
LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND
AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY
DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR
PROPRIETY OF RECIPIENTS USE OF THE INFORMATION HEREIN.
(b) No costs (including, without limitation attorney fees and other expenses) of defense, or prosecution of any action, is
afforded to the Customer.
(c) In any event, the Company assumes no liability for loss or damage by reason of the following:
(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.
(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, liens or encumbrances, or claims thereof, which are not shown by the Public Records.
(4) Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey would
disclose.
(5) (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof,
(iii) water rights or claims or title to water.
(6) Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to
In this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(7) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment on the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a sepaatlon in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance venting
from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date
hereof.
(8) Any governmental police power not excluded by 2(d)(7) above, except to the extent that notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land
has been recorded in the Public Records at the effective date hereof.
(9) Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to o actually
known by the Customer.
Charge. The charge for this report does not include supplemental reports, updates or other additional services of the
Company.
Public Record Report for New Subdivision or Partition
Page 15 of 16 (Ver. 20080422)
First American Title Insurance Company
2892 A
t Crescenvenue
First American Eugene, OAvenue
Illegal Restrictive Covenants
Please be advised that any provision contained in this document, or in a document that is attached,
linked, or referenced in this document, that under applicable law illegally discriminates against a class of
individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation,
gender identity, familial status, disability, national origin, or any other legally protected class, is illegal
and unenforceable by law.
Public Record Report for New Subdivision or Partition
Page 16 of 16 (Ver. 20080922)
Recorded at the request of
and after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
OWNER'S
for
THE SHOPPES AT GATEWAY
WHEREAS BRFI Gateway, LLC, a Delaware limited liability company, hereinafter referred to
as "the plattor," is the owner of those lands described in that Special Warranty Deed recorded on
August 1, 2017 as Reception Number 2017-037745, in the Lane County Oregon Official
Records.
WHEREAS the platter desires to record a subdivision plat that subdivides said lands, creating
22 separate legal lots;
Know all men by these presents that the plattor hereby concurs with the platting and recording of
said Subdivision Plat as said plat subdivides said lands.
Dated this _ day of , 2021.
BRFI Gateway, LLC
Name:
Position:
STATE OF )
)ss
County of )
There personally appeared before me the above named ,
of BRFI Gateway, LLC, a Delaware limited liability company, who is known to me to be the
identical individual who executed the foregoing instrument and does hereby acknowledge said
instrument to be his/her voluntary act and deed.
Notary Public for
My Commission Expires:
ENCE TO PLATTING
Page 1 of 1
Recorded at the request of
and after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
Grantor:
Grantee:
BRFI Gateway, LLC
BRFI Gateway, LLC
3000 Gateway Street
3000 Gateway Strect
Springfield, OR 97477
Springfield, OR 97477
DECLARATION OF RESTRICTIONS
BE IT KNOWN, that BRFI Gateway, LLC, a Delaware limited liability company, does hereby
declare a restriction over the following described property:
Lots 3, 4, 5, 6, 7, 8, 10, and 18 of The Shoppes at Gateway as platted and recorded in the Lane
County Oregon Plat Records.
SAID RESTRICTION, unless otherwise authorized by the City of Springfield, requires Lots 3, 4,
5, 6, 7, 8, 10, and 18 to remain under common ownership. Each lot may be released in part or in
groups at the time that the wall(s) between the lots meets or exceeds the standards specified for fire
wall requirements on a zero -lot line in the Oregon Structural Specialty Code applicable at the time of
release.
IN WITNESS WHEREOF, of BRFI Gateway, LLC
has executed this Declaration of Restrictions on this day of ,
2021.
Name:
Position:
STATE OF )
)ss
County of )
There personally appeared before me the above named of
BRFI Gateway, LLC, a Delaware limited liability company, who is known to me to be the identical
individual who executed the foregoing instrument and does hereby acknowledge said instrument to
be his/her voluntary act and deed.
Notary Public for
My Commission Expires:
Page 1 of 1
Return to:
Springfield Utility Board
1001 Main Street
Springfield, OR 97477
DISCLAIMER AND RELEASE OF INTEREST
SPRINGFIELD UTILITY BOARD
This space reserved for Lane County Ueeds & Records
KNOW ALL PERSONS BY THESE PRESENTS, that the City of Springfield, a municipal corporation of the State of
Oregon, acting by and through its Springfield Utility Board, does hereby disclaim, relinquish, and release any
interest which the Springfield Utility Board acquired by virtue of the following easements, more particularly
described and set forth as follows:
A portion of an easement for a power line set forth in an instrument recorded on: October 30, 1959 at
County Recording Number 82151 on Reel 142D, Lane County Official Records, Lane County, Oregon,
said instrument being an easement from Hazel Calef to the City of Eugene acting by and through the
Eugene Water and Electric Board which has been conveyed to the City of Springfield acting by and
through the Springfield Utility Board. Said portion being all that easement area lying westerly of the
westerly right-of-way margin of Gateway Street.
A portion of an easement for a power line set forth in an instrument recorded on: November 3, 1959 at
County Recording Number 82428 on Reel 142D, Lane County Official Records, Lane County, Oregon,
said instrument being an easement from Anna Boyd Davis Reed and Richard W. Reed to the City of
Eugene acting by and through the Eugene Water and Electric Board which has been conveyed to the
City of Springfield acting by and through the Springfield Utility Board. Said portion being all that
easement area lying westerly of the westerly right-of-way margin of Gateway Street.
All of that permit and easement for EWEB Pole No. 18686 and underground electric distribution
recorded on: September 23, 1989 at County Recording Number 8943900 on Reel 1595R, Lane County
Official Records, Lane County, Oregon, said instrument being an easement from Gateway Mall Limited
Partnership to the City of Eugene acting by and through the Eugene Water and Electric Board which
has been conveyed to the City of Springfield acting by and through the Springfield Utility Board.
THIS DISCLAIMER AND RELEASE is executed for the purpose of disclaiming and releasing any interest which the
City of Springfield, by and through the Springfield Utility Board, might have acquired by virtue of the
easement(s) set forth in the above recorded easements recorded at Lane County Oregon Deed Records, in
Lane County.
CONSIDERATION: The consideration for this Disclaimer and Release of Interest is other than monetary.
IN WITNESS WHEREOF, the City of Springfield, acting by and through the Springfield Utility Board, has caused
this instrument to be signed, executed, acknowledged, and delivered in its name, stead and behalf by
its Chair, thereunto duly authorized.
The City of Springfield, A Municipal Corporation, Acting by and through
the Springfield Utility Board
By
(Name)
Springfield Utility Board Chair
STATE OF OREGON, County of Lane ) ss.
BE IT REMEMBERED, that on the day of 2021, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared the within named
as Chair of the Board of Directors for the Springfield Utility Board
known to me to be the identical individual described in and who executed the within instrument and
acknowledged to me that he/she/they are the same freely voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last
written above.
Notary Public of Oregon
My commission expires: