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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 r J f F � t T s 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: