HomeMy WebLinkAboutDeed APPLICANT 12/10/2021EXHIBIT 5.a.
T
CA
TREE ETLF
CO.
STATUS OF RECORD TITLE REPORT
SCHIRMER SATRE GROUP Date: JANUARY 23, 2019
ATTN: HALEY CAMPBELL Our No: CT -0311290
375 WEST 4TH AVE SUITE 201 Charge: $300.00
EUGENE, OR 97401
As requested, Cascade Title Co. has searched our tract indices as to the following
described real property:
( A T T_ A C H E D)
and as of: JANUARY 17, 2019 at 8:00 A.M., we find the following:
Vestee:
CITY 0^ SPRINGFIELD,
a municipal corporation acting by and through the
SPRINGFIELD UTILITY BOARD
Said property is subject to the following on record matters:
1. Taxes, including the current fiscal year, not assessed due to Municipal Exemption.
If the exempt status is terminated under the statute prior to the date on which the
assessment roll becomes the tax roll in the year in which said taxes were assessed,
addit-onal taxes may be levied.
2. Util-ty Easement, includ-ng the terms and provisions thereof, granted City of
Springfield, a municipal corporation, acting by and throuch its Springfield-Jti1_ty
Board, by instrument recorded ?larch 3, 1981, Reception No. 1981-009404, Lane County
Official Records.
3. Private Variable Width Access n U=ility Easement and Maintenance Agreement,
including the terms arc provisions thereof, recorded March 28, 2001, Reception No.
2007-020544, Lane Courty Deeds and Records.
NOTE: Taxes, Account No. 1369881, Assessor's `lap No. 18 02 03, #302, Cade 19-01,
2018-2019, in the amount of $0.00, EXEMPT.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 WBLAMETTE ST. 715 HWY 101 * FLORENCE, OREGON 99439 4750 VILLAGE PLAZA LOOP SUITE 100
EUGENE, OREGON 99401 MAILING: PO BOX 508' FLORENCE, OREGON 97439 EUGENP, OREGON 97401
PH: (541)687-2233'FAX: (541)485 0307 PH: (541)997-MI7•FAX: (541)997-8246 PH: (541) 653A622" FAX: (541)8444626
E-MAIL: INFOWCASCADFTITTFLOM EMAIL: FIORFNCE00ASCADFTITURCOA E-MAIL: VILLAGEPL'ZA@CASCADETITLFCOM
Order No. 0311290
Page 2
This report is to be utilized for information only. This report is not to be used as a
basis for transferring, encumbering or foreclosing the real property described.
The liability of Cascade Title Co. is limited to the addressee and shall nci exceed the
premium paid hereunder.
CASCADE TITLE CO., by:
lg/rh: Title Officer: KURT BEATY
Crder to. 0311290
Page 3
PROPERTY DESCRIPTION
A parcel of land in the Northeast quarter of Section 3, Township 18 South, Range 2 Wes_
Willamette Meridian, in Lane County, Oregon, described as follows: Beginning at the
1577 Lane County brass cap monument marking the South -Southwest corner of said Donation
Land Claim No. 37; _hence South 00' 05' 42" West 75.00 feet distant; thence North 69'
20' S7' West 213.60 feet distant; thence North 00' 05' 42" East 130.00 feet distant;
thence North 46' 38' 59" West 84.96 feet distant to a point on a curve, tee center of
which bears North 46° 38' 59" West; thence along the arc of said curve to the left
having a radius of 45.00 feet, chroug'n a central angle of 64° 08' 31", an arc distance
of 50.38 feet; thence North 29` 05' 42" East 108.51 feet distant; thence Soath 81° 22'
27" East 202.24 feet distant to said West line of the 'P. Maynard Donation Land Claim No.
37; thence South 00° 05' 42" West alone as d West line, 300.00 feet to the point of
beginning, in Lane County, Oregon.
EXHIBIT 5.b.
SUPPLEMENTARY
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
MOUNTAINGATE SECOND ADDITION
("MOUNTAINGATE 2nd ADD")
AND
ANNEXATION TO MOUNTAINGATE SUBDIVISION
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE SECOND ADDITION
("MOUNTAINGATE 2nd ADD") AND ANNEXATION TO MOUNTAINGATE
SUBDIVISION (`Supplementary Declaration") is made by MountainGate Development LLC
("Original Declarant") and Alberts Development LLC ("Declarant").
RECITALS AND OBJECTIVES
A. Declarant is the owner of all the real property and improvements thereon located in Lane
County, Oregon, described as: Lots 115-178 inclusive and shown on the final plat map of
MOUNTAINGATE SECOND ADDITION as platted and recorded on 28 A�czi
_ _, 2007, in the Plat Records of Lane County, Oregon, and assigned Recorder's
Number 2007-2052/ in the Official Records of Lane County, State of Oregon
("MOUNTAINGATE 2"d ADD„ or "2"d ADD")
B. MOUNTAINGATE 2nd ADD is part of a larger 338 -acre area, known as "MountainGate,
A Proposed Residential Development" which received Master Plan Approval from the
City of Springfield, dated May 13, 1998 (Spr. Journal No. 95-02-39), the notice of which
was recorded April 19,1999 at Reel 2540, Instrument No. 99035359, in Lane County
OFFICIAL Records ("the Master Plan Property").
C. The final plat for MOUNTAINGATE SUBDIVISION was recorded on May 10, 2005 in
Lane County Deeds and Records at Recorder's Reception No. 2005-033764. The plat
contained 71 lots and the owner and declarant of MOUNTAINGATF. SUBDIVISION
("MOUNTAINGATE") was MountainGate Development, LLC ("Original Declarant')
The Original Declarant recorded a "DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE
SUBDIVISION" on May 10, 2005 in Lane County Deeds and Records at Recorder's
Reception No. 2005-033770 ("the CC&Rs").
D. The Original Declarant, in the CC&Rs, created a nonprofit corporation, The
MountainGate Lot Owners Association ("the Association"), whose members are all the
owners of Lots within MOUNTAINGATE.
MODNTA GATE 2"" ADD DECLARATION OF CC&RS-PAGE 1 OF 12
AfW recordmg return to
Lono Bnu* Surveyors
E. The final plat for MOUNTAINGATE FIRST ADDITION was recorded by the Declarant
on April 3, 2006 in the Plat Records of Lane County, Oregon, State of Oregon
(MOUNTAINGATE 1"ADD"). The Declarant also recorded a SUPPLEMENTARY
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR MOUNTAINGATE FIRST ADDITION ("MOUNTAINGATE 1"
ADD") AND ANNEXATION TO MOUNTAINGATE SUBDIVISION on April 3, 2006
at Reception No. 2006-022568 which annexed MOUNTAINGATE 1" ADD to
MOUNTAINGATE and applied the CC&Rs to all the lots within the 1"ADD.
F. By adoption of this Supplementary Declaration it is the intent of Declarant and the
Original Declarant to annex MOUNTAINGATE 2"d ADD to MOUNTAINGATE and to
adopt the CC&Rs for the 2nd ADD as a general plan of improvement and development for
all the Lots therein.
G. It is the intent of the Declarant and the Original Declarant to include future owners of
Lots described and depicted on the plat of MOIINTAINGATE 2nd ADD ("2nd ADD
OWNERS") as full and equal members of the Association, prior to turnover as hereafter
described, for the purpose of assessments and the enforcement of use and other
restrictions set forth in the CC&Rs. It is their further intent that the 2"d ADD Owners
will become full voting members of the Association after turnover, provided however,
that for purposes of review and approval of house and other improvement plans, the
Declarant and, after turnover occurs, a committee or association of 2" ADD Owners,
shall act and function as the Architectural Review Committee as described in Article 6
herein.
NOW THEREFORE, Declarant and the Original Declarant declare that
MOUNTAINGATE 2"d ADD shall be held, transferred, sold, conveyed, and occupied subject to
the Oregon Planned Community Act as may be amended from time to time (ORS 94.550-94.783)
and further subject to CC&Rs of MOUNTAINGATE except as modified herein which shall run
with the land, which shall be binding on all parties having or acquiring any right, title, or interest
in MOUNTAINGATE 2"d ADD or any part thereof, and which shall inure to the benefit of the
Association and of each Owner.
ARTICLE 1
DEFINITIONS
The terms and provisions of ARTICLE 1 of the CC&Rs are hereby adopted and incorporated
herein except for and with the following changes, amendments and additions:
1. Lot shall mean a platted lot within MOUNTAINGATE 2"d ADD. Except as may
hereafter be stated or distinguished in this Supplementary Declaration, all of the
terms defined in Article 1 of the CC&Rs shall mean, refer toand include all the
platted lots and Owners thereof located within MOUNTAINGATE 2"d ADD.
MGLNTAmoATE 2110 ADD DECLARATION OF CC&RS-PAGE 2 OF 12
2. All references herein to the "Architectural Review Committee" or "ARC" shall
mean and refer to the Declarant or any committee created by the Declarant until
turnover, as described hereafter, should occur.
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The terms and provisions of ARTICLE 2 of the CC&Rs are hereby adopted and incorporated
herein except for and with the following changes:
1. Second Addition. Declarant and the Original Declarant hereby declare that
MOUNTAINGATE 2°d ADD shall be held, transferred, sold conveyed,
encumbered and occupied subject to this Supplementary Declaration and is more
particularly described as follows:
MountainGate Second Addition as platted and
recorded lybrc/i 2& , 2007, in the
Plat Records of Lane County, State of Oregon and
assigned Recorder's Number 2007-,,b51/
in the Official Records of Lane County, State of
Oregon and located in the City of Springfield,
County of Lane, State of Oregon
("MOUNTAINGATE 2nd ADD").
ARTICLE 3
OWNERSHIP AND EASEMENTS
The terms and provisions of ARTICLE 3 of the CC&Rs are hereby adopted and incorporated
herein in their entirety.
ARTICLE 4
LOTS AND HOMES
The terms and provisions of ARTICLE 4 of the CC&Rs are hereby adopted and incorporated
herein in their entirety.
ARTICLE 5
DEVELOPMENT PLAN
FOR
MOUNTAINGATE SUBDIVISION
The terms and provisions of ARTICLE 5 of the CC&Rs are hereby replaced and superceded in
their entirety by the following:
Introduction. Phase III -B of the MountainGate development (platted as MountainGate, 2"d
MOUNTAINGATE 2"° ADD DECLARATION OF CC&Rs—PAGE 3 OF 12
Addition) consists of 64 lots that have been approved as a residential subdivision under the
provisions of MountainGate Master Plan Approval (City File 95-02-0039) and Springfield
Development Code (SDC) standards contained in SDC Article 35 - Subdivisions, SDC Article 38
- Tree Felling, and SDC Article 26 - Hillside Development. This document satisfies the
requirements of the Hillside Development and Master Plan approvals for a comprehensive
"Hillside Development Plan" for the subdivision to guide the construction of dwellings on the
individual lots. This plan incorporates the referenced reports required by the Hillside
Development article and the City of Springfield, Developer, and future owners will use the
approved Hillside Development Plan to assure that tree felling, grading, construction, and future
use will conform to subdivision conditions and provisions of the Master Plan requiring the
protection of trees, drainages, and slopes.
The Hillside Development Plan includes a lot by lot description of conditions that will affect the
design and location of structures and driveways, including special foundation requirements on
some lots. The plan also includes general guidelines for the entire subdivision contained in
required reports and final plans. The structure of the remainder of this document is as follows:
1. Tree Preservation Plan
2. Five Protection Standards
3. Geotechnical Requirements
4. Grading, Slopes, and Drainage Guidelines
These requirements of the Hillside Development Plan are hereby incorporated into these CC&Rs.
A copy of the approved geotechnical report is attached as Exhibit "A" and individual lot plans
are attached as Exhibit "B" and by this reference incorporated herein.
Tree Preservation Plan
The purpose of this plan is to summarize and implement measures adopted to maintain aesthetic
erosion control value of trees and native vegetation within the MountainGate, 2"d Addition
Subdivision as established by the approved tree felling permit, the final forester's report, Hillside
Development Plan, and individual Springfield Development Code (SDC) standards.
Tree Removal — General
SDC requires that a tree felling permit be obtained for the removal of more than five trees greater
than five inches in diameter at breast height. However, a tree felting permit is not required for
the initial removal of trees from the lots during preliminary grading or the construction of the
approved dwelling footprint and driveway provided that no tree removal is allowed within
building or vegetative setback areas without prior city approval through the LDAP or building
permit process. For established vegetative setback areas, a tree felling permit is required for the
removal of more than five trees that are greater than five inches in diameter at breast height.
Additional restrictions for tree removal exist within the tree conservation easement and
vegetative setback areas as described below.
MGumT GArE 2N° ADD DECLARATION GF CC&RS-PAGE 4 of 12
Tree Conservation Easement
Two private tree conservation easements have been established on the recorded Subdivision Plat
for MountainGate, 2"d Addition. One tree conservation easement is located upon a portion of
Lots 115-117, 122, 124, 126, 129-130, 139, 141, and 143. The second tree conservation
easement is located upon a portion of Lots 145, 155-156, 158-160, and 172. The purpose of these
areas are to preserve the existing forest along the northern and eastern side of the development as
an inventoried natural resource and viewshed from lower elevations pursuant to City Council
Resolution 8415. The tree conservation easements contain primarily Oak and Douglas fn trees, a
few maple trees, and various species of native understory vegetation.
No activity, except for those expressly listed below, may occur within the tree conservation
easement area. Those activities that may occur in any tree conservation easement are: 1)
removal of diseased or dangerous trees as determined by a professional forester or arborist and
approved by the city and 2) removal of non-native vegetation including blackberries, scotch
broom, and ivy by light-duty machinery. Those activities that may occur only in site-specific
portions of the tree conservation easement are: 1) installation and maintenance of public and
private utilities within perimeter tree conservation easements along Lots 126, 129, 130, 145, 155,
156, and 158 provided the work is completed under the supervision of a professional forester and
performed with the least impact to the natural environment, 2) a shared driveway maybe
constructed and maintained in the tree conservation easement across Lots 126, 129 and 3)
dwellings maybe constructed in the tree conservation easement where building envelopes are
specified on the attached individual lot plans for Lots 126 and 129.
Vegetative Setback Areas
There are two private vegetative setback areas that have been established on the recorded
Subdivision Plat for MoumainGate, 2"d Addition. The vegetative setback areas are located upon
a portion of Lots 151-152, 161-162, 164-167, and 178. The purpose of this area is to retain or
create an internal buffer of trees and native vegetation along internal property lines and protect
the forest viewshed from lower elevations. This may be achieved by pruning and shaping
existing, healthy trees; by thinning younger existing trees to encourage growth into healthy
properly spaced mature trees or by planting new trees. The vegetative setback areas contain
primarily Oak and Douglas fir trees, a few maple trees, and various species of native understory
vegetation.
No structures other than fences shall be located within the vegetative setback areas, except those
that may be required for soil stability such as retaining walls or others as determined by a
geotechnical engineer licensed in the State of Oregon and approved by the city.
No native vegetation may be removed from within vegetative setback areas except as necessary
to meet fuel break.standards for fire protection and diseased or dangerous trees as determined by
a professional forester or arborist and approved by the city.
Trees and understory may otherwise be thinned and pruned to enhance their health and
Mon rT o= 2NO ADD DECLARATION OF OURS PAGE 5 OF 12
appearance and to meet fire protection standards. Non-native vegetation including blackberries,
scotch broom, and ivy may be removed by light-duty machinery.
Fencing is allowed along the internal boundary of the vegetative setback areas provided that it is
not a solid fence such as wood or block but consists of wrought iron or other open fencing
materials as approved by the Architectural Control Committee for the development.
Maintenance and repair of utilities and access for such purposes within the vegetative setback
area is allowed provided that care is taken to prevent damage to trees.
Acceptable Replacement Trees/Planting Standard
Trees replaced within a tree conservation easement or vegetative setback area as established on
the recorded Subdivision Plat of MountainGate, 2"d Addition shall be of a native species
specified for hillside development in Section 6 of the City of Springfield Design Standards and
Procedures Manual.
Tree replacement is acceptable when, for example, a mature tree has a broken top. The mature
tree in this circumstance could be removed and replaced by an acceptable replacement tree.
Otherwise, the tree shall be pruned and shaped to improve its health and appearance.
Tree planting shall follow the procedures contained in Section 6 of the City of Springfield Design
Standards and Procedures Manual.
Street Trees
During the subdivision process no trees or tree groupings have been protected, or identified, for
potential qualification as street trees that will meet City requirements.
However there maybe individual trees, tree clusters and tree groupings located close enough to
the street curb that they could qualify as street trees if not damaged or removed with house and
driveway placement. Generally trees within 20 feet of street right-of-way may qualify as street
trees. Groupings of trees even beyond the 20 foot distance may be retained in lieu of City
required street trees along the lot street frontages. Hardwood trees must be located at least 5 feet
and conifers must be 10 feet behind curbside sidewalks. Street trees should be 10 to 20 feet from
street lights. Specific standards regulating the use of existing native trees as street trees are
contained in Section 6 of the City of Springfield Design Standards and Procedures Manual.
Tree Protection During Construction
During house and driveway construction trees selected as native street trees as discussed above
under "street trees" shall be protected with construction fencing. Construction fencing shall be
placed between the construction site and tree conservation easement or vegetative setback area to
protect trees and shall be a minimum of 5 feet from trees in the conservation easement or
vegetative setback areas.
MO"TA GATE 2'm ADD DECLARATION OF CC&R PAGE 6 OF 12
Hazard Trees
Hazard trees are not identified, but are present within the boundaries of MountainGate, 2"a
Addition. Property owners are responsible for identification and removal of hazard trees with
verification by a professional forester or arborist and approved by the city through an LDAP or
subsequent tree felling permit process.
Fire Protection Standards
Due to the forested setting of this subdivision certain fire protection measures should be observed
to help protect dwellings within a forested environment from the dangers of wildfire.
The subdivision has been designed and constructed so that all dwellings will be located in close
proximity to fire hydrants that are to be used for fire protection. Further any lots deemed by the
City Fire Marshall to be located within a vegetated area subject to wildfire the building(s) shall
have a Class A or B roof in accordance with the Oregon State Structural Specialty Code. In
addition landscaping within the lots should establish fuel breaks around the dwellings that
discourage the spreading of wildfire. There are two levels of fuel breaks based upon proximity to
the dwelling:
• Primary Safety Zone: The primary safety zone is a firebreak extending a minimum of 30
feet in all directions around the dwelling except however that it shall not extend into the
tree conservation easement or vegetative setback areas. The goal within the primary
safety zone is to exclude fuels that will produce flame lengths in excess of one foot.
Vegetation within the primary safety zone could include green lawns and low shrubs.
Trees should generally be spaced with greater than 15 feet between the crowns and
pruned to remove dead and low branches.
Secondary Fuel Break: The secondary fuel break extends a minimum of 100 feet
downslope from the primary safety zone. The goal of the secondary fuel break is to
reduce fuels so that the overall intensity of any wildfire would be lessened and the
likelihood of crown fires and crowning is reduced. Vegetation within the secondary fuel
break shall be pruned and spaced so fire will not spread to the Primary Safety Zone via
the tree crowns. Small trees and brush growing underneath larger trees should be thinned
or pruned to prevent spread of fire up into the crowns of the larger trees. Dead fuels shall
be removed.
Fuel breaks may not extend beyond the boundary of the affected lot unless an easement exists
upon the adjacent property that allows for such use.
Geotechnical Requirements
A geotechnical investigation for the second addition portion of the MountainGate development
MOONTA OATF 2'• ADD DECLARATION OF CC&RS-PAGE 7 O 12
has been conducted by KA Engineering. KA Engineering prepared a report dated January 19,
2007 that provides specific recommendations for the level of geotechnical review appropriate for
the individual lots. The geotechnical report is attached to this Hillside Development Plan to be
used with individual lot development. An evaluation of the building sites is to be conducted by a
geotechnical engineer prior to house construction. Either of three levels of review is required
depending upon specific site conditions. The attached geotechnical report lists the requirements
for the levels of evaluation specified for each lot.
Grading. Slones. and Drainage
Grading. Slones, and Drainage
There shall be no interference with the established drainage patterns or systems over or through
any other lot or common area or any adjacent property unless adequate alternative provisions are
made by a licensed engineer for proper drainage and approved by the city engineer. The term
established drainage shall mean predominant slopes, the drainage swales, conduits, inlets, and
outlets designed, maintained, and constructed for MoumainGam, 2"" Addition.
Stormwater sewer laterals have been extended to each lot for conveyance of roof drains, building
foundation drains, and private property surface drainage.
Private Storm Drainage Easements
A private storm drainage easement has been designated on the recorded plat and is located across
a portion of Lot 115. Management goals of the drainage easement include the maintenance and
enhancement of natural, scenic and environmental qualities while maintaining storm water
quality and a functional storm water system. All effort shall be made to avoid allowing any
pesticides, herbicides, fertilizers, petroleum-based products or other hazardous or foreign
substances from entering or contaminating the easement. Natural vegetation shall not be
disturbed except as necessary for maintenance, to reduce fire hazards or to control noxious and
invasive overgrown vegetation such as blackberry vines. No tree shall be cut within the drainage
easement except for diseased, dead, damaged or hazardous trees. No building shall be allowed
within the drainage easement. -
The lot owner(s) shall perform any maintenance necessary to cause drainage to occur as planned.
Provided, that any maintenance, repair or other work necessary as the result of any wrongful act
or omission of another party shall be performed by that party. If that party fails to do so, the
same shall be performed by the homeowners association subject to reimbursement as provided in
the CCRs.
Subsurface drainage systems and open swales or ditches have been constructed in certain
locations along the back side of curbs or sidewalks within the public street rights-of-way. The
purpose of these systems is to improve individual lot drainage and intercept water in sloping
areas and direct it into the public storm water system. These drainages are within the City street
maintenance system and shall not be blocked or diverted by adjacent lot owners.
MOONTA GATE 2ND ADD DECLARATION of cc&m-PAGE 8 OF 12
ARTICLE 6
ARCHITECTURAL. AND SITE DEVELOPMENT REVIEW
The terms and provisions of ARTICLE 6 of the CC&Rs are hereby adopted and incorporated
herein except for and with the following changes, provided further that the function and authority
of the Architectural Review Committee ("the ARC") as it relates to approval of house and
improvement plans and site development shall be administered and conducted for Lots within
MOUNTAINGATE 2nd ADD by the Declarant until such time that turnover, as hereafter
described, occurs:
ARC Prior to Turnover. Prior to turnover, Declarant reserves the right to create a
committee to assist it or any successor declarant in the performance of the duties,
responsibilities and functions of the ARC as described herein. Declarant further reserves
the right to create rules and regulations for the operation of this committee and further to
allow it to continue to function after turnover has occurred so long as the original
Declarant or, if turnover bas occurred for MOUNTAINGATE, the Association concur in
a written document that shall be recorded as an amendment to this Supplementary
Declaration.
ARTICLE 7
ASSOCIATION
The terms and provisions of ARTICLE 7 are hereby adopted and incorporated herein except for
and with the following changes:
1. By acceptance of a deed to a lot in MOUNTAINGATE 2"d ADD, the Owner (2nd
ADD Owner') agrees to become a member of the Association described in Article
7 of the CC&Rs and to pay assessments in accordance with Article 10. 2" ADD
Owners further agree that they shall not be entitled to any votes in the Association
until turnover by the Declarant occurs.
2. Prior to turnover, Declarant may, but is not required to, form a subassociation of
the 2nd ADD Owners to perform any function and assume any duties or
responsibilities that are delegated to it by Declarant so long as such are not in
conflict with other provisions of the CC&Rs or this Supplemental Declaration.
The subassociation shall be established by Declarant's recordation of a
supplemental declaration in accordance with Section 2.2 of the original CC&Rs
described herein. Such subassociation may continue to exist and function even
after turnover has occurred so long as the Original Declarant, or if turnover has
occurred for MOUNTAINGATE, the Association concur as evidenced by
recordation of a document to that effect, except that if either the Original
Declarant or the Association do not concur, then the subassociation shall cease to
function and exist and all of the 2"d ADD Owners shall, upon the date of turnover,
MOO TAMGATE 2NO ADD DECL 710N OF CC&.RS—FADE 9 OF 12
become voting members of the Association.
3. If a subassociation of 2"d ADD Owners is created, it can function and operate in
accordance with the authority granted by this Article to the Association, so long as
it does not take action which conflicts with any other provisions of the CC&Rs or
this Supplemental Declaration.
4. Declarant shall be a member of the Association so long as it owns a Lot in
MOUNTAINGATE 2nd ADD but shall not have any votes.
ARTICLE S
DECLARANT CONTROL
The terms and provisions of ARTICLE 8 of the CC&Rs are hereby adopted and incorporated
herein except that the provisions therein apply only to the Original Declarant as to
MOUNTAINGATE and to the Declarant for MOUNTAINGATE 2nd ADD.
ARTICLE 9
DECLARANT'S SPECIAL RIGHTS
The terms and provisions of ARTICLE 9 of the CC&Rs are hereby adopted and incorporated
herein except that the provisions therein apply only to the Original Declarant as to
MOUNTAINGATE and to the Declarant for MOUNTAINGATE 2nd ADD.
ARTICLE 10
FUNDS AND ASSESSMENTS
The terms and provisions of ARTICLE 10 of the CC&Rs are hereby adopted and incorporated
herein except for and with the following changes:
1. Initial Assessment. Upon purchase of a Lot from the Declarant, 2nd ADD
Owners will be charged an initial assessment of $100 which shall be in addition
to any other assessment or fee described herein and which shall be payable to the
Association at the time of or prior to the purchase. The Declarant may establish
other fees or charges that are payable at the time of purchase.
2. Assessments for MOUNTAINGATE 2A ADD. It is the intent of the Declarant
in adopting this Supplementary Declaration to require the purchasers of Lots
within MOUNTAINGATE 2"d ADD to pay assessments to the Association in
accordance with the terns and provisions of this Article in amounts and shares
that are equal to those paid by the owners of Lots in MOUNTAINGATE,
including, but not limited to, the initial assessment described in paragraph 1
above.Bly execution of this Supplementary Declaration, the Association agrees to
accept 2" ADD Owners as voting members of the Association upon turnover of
MOUNTAINGATE and turnover by the Original Declarant by the Declarant of
MOIWFAWGATE2iO ADD DECLARATION OF CC&R PAGE 10 OF 12
MOUNTAINGATE 2' ADD, except that the function and responsibilities of the
ARC may continue to be conducted separately for each phase or addition of the
Master Plan Property even after turnover.
ARTICLE 11
GENERAL PROVISIONS
The terms and provisions of ARTICLE 11 of the CC&Rs me hereby adopted and incorporated
herein except for and with the following changes:
Declarant may not amend, alter or change the original CC&Rs or this Supplemental
Declaration without the written concurrence of the Original Declarant or, if turnover has
occurred, the written concurrence of the Association, which concurrence shall be
recorded in Lane County Property Records.
IN WITNESS WHEREOF, Declarant and the Original Declarant have executed this
instrument this 21 day of MAR4k 2007.
ALBERTS //DEVELOPMENT LLC
By: Todd M. Al s, Managing Member
MOUNTAINGATE DEVELOPMENT
LLC
By: Michael P. Evans, Managing Member
STATE OF OREGON )
) ss.
County of LANE )
This instrument was acknowledged before me on sZ , 2007 by MICHAEL P.
EVANS, Managing Member of MountainGate Development, LLC.
IQ
TTA S L SEAL�gAlG�LDRETPA 5 t;i5dPMdW ^"'O�l
Noraav PuaucorlEcoN Notary Public for Oregon
COMMISSION N0. 399211
MY W MMISSION EXPIRES NOV. 30, 2009 My commission expires: // -3U 1
MOl1NTAEQGATE 2N° ADD DECLARATION OF CC&RS—PAGE 1 I OF 12
STATE OF OREGON )
ss.
County of LANE )
This instrument was acknowledged before me on /✓(&a 2 % , 2007 by TODD M.
ALBERTS, Managing Member of Alberts Development, LLC.
OFFICIAL SEAL
LORETTA S CHAPMAN D
NOTARY PUHUC-0REGON
COMMISSION NO. 399211
?1AYMMISSION D(P]HES NOV, 30, 2009 Notary Public for Oregon
My commission expires:
MOUNTAINGATE 2 -ADD DECLARATION OF CC&RS-PAGE 12 OF 12
EXHIBIT 5.c.
HILLSIDE DEVELOPMENT PLAN
INDIVIDUAL LOT LAYOUT
MO UNTAINGA TE 2ND ADDITION
INDEX SHEET
SPRINGFIELD, LANE COUNTY, OREGON
SURVEYED: JANUARY 9, 2007
SGUE.. 1"-400'
400' 0 400' 800'
LOT 172 - MOUNTAINGATE 2ND ADDITION
LOO STANDARDS AND GUIDELINES
• 35X LOT COVERAGE PER SPRINGFIELD DEVELOPMENT CODE 16.040
• SPRINGFIELD LAND AND DRAINAGE ALTERATION PERMIT (LDAP) REQUIRED FOR EROSION CONTROL
• CLASS A OR B ROOFING IS REOUIRED
•SUBJECT TO FIRE PROTECTION PLAN
• WE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, VEGETARON REMOVAL AND FENCING (SEE CC&Rs)
• LEVEL I FOUNDATION ENGINEERING STANDARD (SEE GEOTECH REPORT)
• SIDEWALK REOUIRED
• HAZARD TREES NOT SHOWN AND MAY BE PRESENT, TO BE DETERMINED BY BUILDER AT TIME OF CONSTRUCTION.
REOUIREO SIDEWALK
Q '
REOUIRED
SIDEWALK
10.00' PU£ &
SLOPE EASEM£N
d=047344"
R=275.00'
AL=21.10'
C11=03108531f
CL=21.09'
r
\ "e
VARIABLE O
PRIVATE ACCESS -
& UTILITY EASEMENT
910
920
N.
1
172
24673 Sr "� P
/ (�pb
10.00' 950
A=64V831"
R=45.00'
`���` ISM AL=50.38'
og' CH=S13'0954W
�TP24wa•._ CL=47.79'
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL
PURPOSES TO ASSIST IN INDMDUAL LOT DEVELOPMENT.
REFER TO THE SUBOMSOV PLAT, RECORDING No.
uo7-zoSz1_, RECORDED COVENANTS, CONDITIONS AND
RESTRICTIONS, RECORDING Nos. 2005-03370 AND
zm�_zoszz AND CITY OF SPRINGFIELD DEVELOPMENT
SERVICE DEPARTMENT FILES FOR FULL DETAILS.
SCALE 1 "=50'
LOT 173 - MOUNTAINGATE 2ND ADDITION
LUT STANDARDS AND GUIDELINES
• .15$ LOT COVERAGE PER SPRINGFIELD DEVELOPMENT CODE 16.040
• SPRINGFIELD LAND AND DRAINAGE ALTERANON PERMIT (LDAP) REOUIREO FOR EROSION CONTROL
• CLASS A OR B ROOFING IS REOUIRED
• SUBJECT TO FIRE PROTECTION PLAN
• TREE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, VEGETATION REMOVAL AND FENCING (SEE CC&R's)
• LEVEL I FOUNDATION ENGINEERING STANDARD (SEE G£OTECH REPORT)
•SIDEWALK REQUIRED
• HAZARD TREES NOT SHOWN AND MAY BE PRESENT, TO BE DETERMINED BY BUILDER AT NMF OF CONSTRUCTIONN,
— _ �REQUIRED SIDEWALK
VARIABLE WIDTH `
PRIVATE ACCESS
& UTILITY EASEMENT
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL
PURPOSES TO ASSIST IN INDIVIDUAL LOT DEVELOPMENT.
REFER TO THE SUBOMSION PLAT, RECORDING No.
_SDS 21, RECORDED COVENANTS, COND/NONS AND
RESTRICTIONS RECORDING Nos. 2005-OJJ70 AND
AND CITY OF SPRINGFIELD DEVELOPMENT 50
SERVICE DEPARTMENT FILES FOR FULL DETAILS
SGKE.- 7 "=50'
0 50' 100'
LOT 174 - MOUNTAINGATE 2ND ADDITION
LOT STANDARDS AND GUIDELINES
• .:SZ LOT COVERAGE PER SPRINGFIELD DEVELOPMENT CODE 16.040
• SPRINGFIELD LAND AND ORNNAGE ALTERATION PERMIT (LDAP) REQUIRED FOR EROSION CONTROL
• CLASS A OR 8 ROOFING IS REOUIRED
• SUBJECT TO FIRE PROTECTION PLAN
• TREE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, VEGETATION REMOVAL AND FENCING (SEE CC&R's)
• LEVEL I FOUNDATION ENGINEERING STANDARD (SEE GEOTECH REPORT)
• SIDEWALK REQUIRED
• HAZARD TREES NOT SHOWN AND MAY BE PRESENT; TO BE DETERMINED BY BUILDER AT RME OF CONSTRUCTION.
r REQUIRED SIDEWALK
I 10.00' 0.x
& .ttoPe
EASEMENT
10.00'
_ VARIABLE WIDTH
PRIVATE ACCESS
& UTILITY EASEMENT
d=173379"
R 84. �'
_ CN=N7748'29'g' SLOP
- _-�93• 174 EASEMENT
128 SF
4=812473"'�" S86'4705'E 842
R=15.00' Ayj>• m.70R 9>0
N=21.31'
CH=N36'4O'18)V
CL=19.56'
'l�'SSlCA
�A'/per zea
990
d=114656"
R=32500'
AL 6683'
CH=N712856'W
CL=66.71' I
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL a,
PURPOSES TO ASSIST IN INDMDUAL LOT DEVELOPMENT. �1
REFER 70 THE SUBOMSION PLAT, RECORDING No. SG7fE.• 1 "=50'
RECORDED COVENANTS CONDITIONS AND
RESTRICRONS RECORDING Nos 2005-03370 AND
zoos-2oszz AND CITY OF SPRINGFIELD DEVELOPMENT 50 0 50' 100'
SERVICE DEPARTMENT FILES FOR FULL DETAILS.
LOT 175 - MOUNTAINGATE 2ND ADDITION
LOT STANDARDS AND GUIDELINES
• 35% LOT COVERAGE PER SPRINGFIELD DEVELOPMENT CODE 16.040
• .'iPRINGF/fl0 LAND AND DRAINAGE ALTERA71ON PERMIT (LOAP) REOUIRED FOR EROSION CONTROL
• CLASS A OR B ROOFING IS REOUIRED
• suBJECT TO FIRE PROTECTION PLAN
• TREE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, V£GETADON REMOVAL AND FENCING (SEE CC&R's)
• LEVEL 11 FOUNDATION ENGINEERING STANDARD (SEE GE07ECH REPORT)
• SIDEWALK REQUIRED
• HAZARD TREES NOT SHOWN AND MAY BE PRESENT' TO BE DETERMINED BY BUILDER AT TIME OF CONSTRUCTION.
10.00' PUE
EASEMENT SCOPE
EASEMENTREQUIRED SIDEWALK
1 ' j'
d=8i73JJ" I I,
OFFSITE EASEMENT 1 `�
No. 3to
+
_ 7
6.7i
Xp srz53712461
22.47
/ d` �, Qy --UNDESIRABLE,
$2 i - d=103491" \6i
R=275
A76y1\ LOCAjION; .
L=59.'
/0 $•
g°� �.��� •fib•/tib� 2 /yC�ry(=N241'18T,
506j SLOPE9
o_
OFFSITE FASFMENT
No. 2
�Cyu i
EASEMENT LINE TABLE
LINE
I DIREC770N
1 DISTANCE
El
I SJ4.433J'W
16.39"
175
�OI55 SF
'c
5
Boyo
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL
PURPOSES TO ASSIST IN INDIVIDUAL LOT DEVELOPMENT
REFER TO THE SUBDIOSION PUT, RECORDING No.
_z_co_i _2oSz1 , RECORDED COVENANTS CONDITIONS AND
RESTRICTIONS, RECORDING Nos. 2005-03370 AND
zoos zo5zz AND CITY OF SPRINGFIELD DEVELOPMENT
SERVICE DEPARTMENT FILES FOR FULL DETAILS.
d=2139176"
R=275.00'
AL=10392'
CH=S66'J251 T
CL=10330'
A=117817"
R=27500'
AL=54.26'
CH=S6t2227T
CL=54.17'
SCALE.. 1"=50'
LOT 176 - MOUNTAINGATE 2ND ADDITION
LOT STANDARDS AND GUIDELINES
• .35% LOT COVERAGE PER SPRINGFl£LD DEVELOPMENT CODE 16.040
• SPRINGFIELD LAND AND DRAINAGE ALTERANON PERMIT (04P) REOUIRED FOR EROSION CONTROL
• CLASS A OR B ROOFING IS REOUiRED
• SUBJECT TO FIRE PROTECTION PLAN
• TREE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, VEGETADON REMOVAL AND FENCING (SEE CC&R's)
• ITWL I FOUNDATION ENGINEERING STANDARD (SEE CE07ECH REPORT)
•SIDEWALK REOUIRED
• HAZARD TREES NOT SHOWN AND MAY BE PRESENT, TO BE DETERMINED BY BUILDER AT TIME OF CONSTRUCTION.
i it
10.00' PU£
& SLOPE
EASEMENT
REOUIRED
SIDEWALK -
R=325.00'
AL=8535'
C71=1158104103V
Cl. =85.11'
VARIABLE WIDTH
PRIVATE ACCESS
& UT!!/TY EASEMENT
E COYSE"WN EASEMENT
SLOPE
EASEMENT `� \ Jao
176 J7.86'
Ss� - 4� SF
-"JO. 70' 1 b�
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL
PURPOSES TO ASSIST IN INDIVIDUAL LOT DEVELOPMENT.
REFER TO THE SUBOMSION PLAT, RECORDING No.
1. RECORDED COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDING Nos. 2005-03370 AND
zoo7_2o5 zz AND CITY OF SPRINGFIELD DEVELOPMENT
SERVICE DEPARTMENT FILES FOR FULL DETAILS
\ DRIVEWAY
S LOCATION
SCALE.' 1"650,
LOT 177 - MOUNTAINGATE 2ND ADDITION
LOT STANDARDS AND GUIDELINES
• j5Z LOT COVERAGE PER SPRINGFIELD DEVELOPMENT CODE 16.040
• SPRINGFIELD LAND AND DRAIA14GE ALTERA17ON PERMIT (LDAP) REOUIRED FOR EROSION CONTROL
• CLASS A OR B ROOFING IS REOUIRED
• SUBJECT TO FIRE PROTEC77ON PLAN
• TREE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, WGETA77ON REMOVAL AND FENCING (SEE CC&Rs)
• LEVEL I FOUNDATION ENGINEERING STANDARD (SEE GEOTECH REPORT)
• SIDEWALK REOUIRED
• iMZARD TREES Nor SHOWN AND MAY BE PRESENT- TO BE DETERMINED BY BUILDER AT TIME OF CONSTRUCTION.
VARMBLE W0714 PRIVATE EASEMENT rO -
177
1125J SF
N
10.00' PUE SLOPE
& SLOPE FA
EASEMENT
UNDESIRABLE .21
DRIVEWAY LOCAnON
R=275.00'
AL=41.21"
CH=N63*25*221V
CL=41.17'
THIS DOCUMENT IS PROVIDED FOR INFORMATIOA64L
PURPOSES TO Assisr IN INDIVIDUAL LOT DEVELOPMENT
REfER TO THE SUBDIVISION PLAT, RECORDING No
RECORDED COVENANT5, CONDITIONS AND
RESTRICTIONS, RECORDING Nos. 2005-OJJ70 AND
2�sLc��Ea AND CITY OF SPRINGFIELD DEVELOPMENT
SEROCE DEPARTMENT FILES FOR FULL DETAILS
�g
'-�9w
REOURED SIDEWALK
snif.- i=50'
LOT 178 - MOUNTAINGATE 2ND ADDITION
LOT STANDARDS AND GUIDELINES
• a5% LOT COVERAGE PER SPRINGFIELD DEVELOPMENT CODE 16.040
• 5PRINGFIELO LAND AND DRAINAGE ALTERATION PERMIT (LDAP) REQUIRED FOR EROSION CONTROL
• CLASS A OR B ROOFING IS REQUIRED
• SUBJECT TO FIRE PROTECTION PLAN
• iREE CONSERVATION EASEMENT - RESTRICTS BUILDING LOCATION, VEGETATION REMOVAL AND FENCING (SEE CC&RW
• LEVEL I FOUNDATION ENGINEERING STANDARD (SEE GEOTECH REPORT)
• !JDEWALK REQUIRED
• ILAZARD TREES NOT SHOWN AND MAY BE PRESENT., TO BE DETERMINED BY BUILDER AT TIME OF CONSTRUCTION.
OFFSITE EASEMENT No. 1
14.00' PRIYATE UTILITY EASEMENT
FOR THE BENEFIT OF LOT 178
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL
PURPOSES TO ASSIST IN INDIKOUAL LOT DEVELOPMENT.
R£FfR TO THE SUBDIVISION PLAT, RECORDING No.
zoos-_ szl , RECORDED COVENANTS, CONDITIONS AND
RESTRICDONS, RECORDING Na 2005-03170 AND
2 b7-2osz2- AND CITY OF SPRINGFIELD DEVELOPMENT
SERVICE DEPARTMENT RIES FOR FULL DETAILS.
SCALE 1 "=50'
SIDEWALK
F717", -
MOUNTA NGATE 2ND ADDITION m
add
Jaw,
N6742567it 95q�.
f.8
& SASE
C Eummn
17
h
QFF5W FASMAT No. f
FOR 71E%'N£AT OF LOT IM la 10>
NspQ?s6� .`
After 000 d gnus to: Olson &Moms,380 Q Snag Suite 200, Ssringfidd, OR 97477
FVRO3ECf WM- MwnminpyeLLS1BBBSPONOFNC JsP 3Bt mtOM*,1,W P,g2of2
MOUNTAINGATE 2ND AMMON
A'
k
Ager reeort ing retufn to: Olson & Mortis, 380 Q Street, Suite 200, Springfield, OR 97071
L:kROIECfSWM-MawYvrgv¢`LORRESPoNOENCEPM1sse 3B�LMih.11dm peg2of2
IWAill-111IM7 "-
1570 Mohawk Boulevard • Springfield, OR 97477 260 Country Club Rd, Ste 120 - Eugene, OR 97401
P.O. Box 931 •Springfield, OR 97477 i;,••, PO. Bax 10211 • Eugene, OR 97440
Phone: 541 741.1981 Phone: 541.687.9]94
Fax 541.741 0619
•' Faz: 541.68].0924
E
vtrgM
TITLE INSURANCE SERVICES • ESCROW CLOSINGS
July 05, 2015
Order No. 18-16473
AMENDED TITLE REPORT
Springfield Utility Board
Partial Billing
$200.00
223 "A" Street
Additional Chain
$250.00
Springfield, OR 97477
Attn: Jack Foster
e-mail: jackf@subutil.com
TOTAL
$450.00
Dear Jack Foster:
We are prepared to issue on request and on recording of the appropriate documents, a policy or policies
as applied for, with coverage's as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
SEE EXHIBIT "A" ATTACHED HERETO
Showing fee simple title as of June 29, 2018, at 8:00 a.m., vested in:
818 SJL. LLC. an Oregon limited liability company
Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the
policy form. No liability is assumed until a full premium has been paid.
Order No.: 18-16473
Page 1 of 6
SCHEDULE B
GENERAL EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records; proceedings by a
public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a
correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation
heretofore or hereafter furnished, imposed by law and not shown by the public records.
CURRENT EXCEPTIONS:
6. The Assessment Roll and the Tax Roll disclose that the premises herein described have been
specially assessed as Forest Land. If the land becomes disqualified for the special assessment
under the statute, an additional tax may be levied for the number of years in which the land was
subject to the special land use assessment. (Affects Tax Lot 100 only)
7. Easement for electric transmission and/or distribution line, granted to the City of Springfield, a
municipal corporation, acting by and through its Springfield Utility Board, and unto its successors
and assigns, including the terms and provisions thereof, by instrument Recorded March 3, 1981,
Reception No. 8109404, Lane County Oregon Records. (Affects Tax Lot 100 only)
8. Notice of Court Order and Final Judgment and Entry of Injunction Affecting Real Property,
including the terms and provisions thereof, by instrument Recorded January 4, 1985, Reception
No. 85-00353, Lane County Oregon Records. (AFFECTS ALL PARCELS)
9. Notice of Real Property Subject to Master Plan Pursuant to Article 37 of the Springfield
Development Code, including the terms and provisions thereof, by instrument Recorded April 13,
1999, Reception No. 99-035359, Lane County Oregon Records. (AFFECTS ALL PARCELS)
EXCEPTIONS THAT AFFECTS PARCELS 2 THROUGH 6 ONLY.
10. Agreement with Alberts Development, LLC, including the terms and provisions thereof, by
instrument Recorded August 1, 2002, Reception No. 2002-058266, Lane County Oregon Records.
11. Notes as shown on the recorded plat as follows:
(a) No buildings, structures, trees, shrubbery or other obstructions shall be placed on or located
within the public utility easements.
(b) The subject property lie entirely in Zone X (Areas outside the 500- year flood plan) as shown
on Federal Emergency Agency Flood Insurance Rate Map/Panel Nos. 41039C1166 F with
effective date of June 2, 1999.
(d) The Private Vegetation Setback Easement and Tree Conservation Easement are further noted
in the conditions, covenants and restrictions recorded with this plat.
Order No.: 18-16473
Page 2 of 6
12. Public Utility and Slope Easements as shown on the recorded plat.
13. Covenants, Conditions, and Restrictions, but omitting restrictions, if any, based on race, color,
religion or national origin, imposed by instrument, including the terms and provisions thereof,
Recorded May 10, 2005, Reception No. 2005-033770, supplemented by instrument Recorded
April 3, 2006, Reception No. 2006-022568 and amended by instrument Recorded June 19, 2006,
Reception No. 2006-042371, further supplemented by instrument Recorded March 28, 2007,
Reception No. 2007-020522, Lane County Oregon Records.
14. Levies and Assessments, if any, by virtue of the fact that the Covenants, Conditions and
Restrictions contain among other things provisions for said levies and assessments of the
Mountaingate, Homeowners'Association.
15. Private Vegetation Set Back Easement as shown on the recorded plat.
16. Declaration of 14 -foot Private Utility Easement, including the terms and provisions thereof, by
instrument Recorded March 28, 2007, Reception No. 2007-020545, Lane County Oregon
Records.
17. Declaration of Private Access Easements, including the terms and provisions thereof, by
instrument Recorded March 28, 2007, Reception No. 2007-020546, Lane County Oregon
Records.
18. Lien Assessment Due on Sale, a one time assessment fee of $100.00, including the terms and
provisions thereof, by instrument Recorded November 1, 2007, Reception No. 2007-074511,
Lane County Oregon Records.
19. Deed Restriction and Notice of Potential Lien (Sidewalks), including the terms and provisions
thereof, by instrument Recorded November4, 2010, Reception No. 2010-056162, Lane County
Oregon Records.
20. Deed Restriction and Notice of Potential Lien (Street Trees), including the terms and provisions
thereof, by instrument Recorded November 4, 2010, Reception No. 2010-056163 Lane County
Oregon Records.
21. Mortgage, including the terms and provisions thereof, executed by 818 SJL, LLC, an Oregon
limited liability company, as Mortgagor, to Eugene W. Gramzow, Trustee of the Eugene W.
Gramzow Revocable Trust, dated February 3, 1998, as Mortgagee, Dated January 31, 2014,
Recorded July 11, 2014, Reception No. 2014-026749 Official Records of Lane County, Oregon,
given to secure payment of a Note for $6,191,250.00. (AFFECTS ALL PARCELS).
Order No.: 15-16473
Page 3 of 6
NOTE: Taxes, Mao No. 18-02-03-10-00100, Code 19-00, Account No. 1724473, 2017-2018,
$93.51, paid in full. (Parcel 1)
Taxes, Map No. 18-02-03-10-06000, Code 19-00, Account No. 1792892, 2017-2018,
$756.60, paidin full. (Parcel 2)
Taxes, Map No. 18-02-03-10-06100, Code 19-00, Account No. 1792959, 2017-2018,
$730.00, paid in full. (Parcel 3)
Taxes, Map No. 18-02-03-10-06200, Code 19-00, Account No. 1792918, 2017-2018,
$441.47, paid in full. (Parcel 4)
Taxes, Map No. 18-02-03-10-06400, Code 19-00, Account No. 1792934, 2017-2018,
$517.29, paid in full. (Parcel 5)
Taxes, Map No. 18-02-03-10-06500, Code 19-00, Account No. 1792942, 2017-2018,
$201.44, paid in full. (Parcel 6)
NOTE: The address of the property to be insured herein is: Unknown S. 66th PI., Springfield, OR
97478 (Parcels 1, 2 and 3). Unknown Jessica Drive, Springfield, OR 97478 (Parcels 4, 5 and 6)
NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) 818 SJL, LLC, and as of
June 29, 2018, none were found.
NOTE: As of June 29, 2018, there are no liens for the City of Springfield.
BARGAIN AND SALE DEED RECORDED JULY 11, 2014, FROM EUGENE W. GRAMZOW,
TRUSTEE OF THE EUGENE W. GRAMZOW REVOCABLE TRUST, DATED FEBRUARY 3,
1998, TO 818 SJL, LLC, AN OREGON LIMITED LIABILITY COMPANY, RECEPTION NO.
2014-026748.
TRUSTEE'S DEED RECORDED JANUARY 6, 2014, FROM ROBERTA. SMEJKAL, ATTRONEY
AT LAW, TO EUGENE W. GRAMZOW, TRUSTEE FOR THE EUGENE W. GRAMZOW
REVOCABLE TRUST DATED FEBRUARY 3, 1998, RECEPTION NO. 2014-000242.
NOTE: AMENDED TO CORRECT TAX LOT FOR PARCEL 3
Very truly yours,
EVERGREEN LAND TITLE COMPANY
HOME OFFICE
By:
Joseph M Silence
Title Officer
cc:
NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR
ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE
CHARGED.
Order No.: 18-16473
Page 4 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1: MAP 18.02-03-10-00100
Beginning at the Brass Cap marking the Southwest corner of the T. Maynard Donation Land Claim No.
44, Township 17 South, Range 2 West of the Willamette Meridian; run thence South 89' 11' 45" East
381.00 feet; thence South 1' 43' 43" West 322.66 feet; thence South 88' 11' 45" East 385.82 feet to a
point on the boundary of EASTHAVEN SUBDIVISION, as platted and recorded in File 75, Slide 192, Lane
County Oregon Plat Records; run thence along said boundary South 1' 48' 15" West 212.20 feet; thence
South 26' 39' 33" East 139.62 feet; thence South 1' 56' 38" West 135.43 feet; thence South 6' 22,13"
West 64.77 feet; thence South 2' 02'43" West 150.07 feet; thence North 88' 11'45" West 99.22 feet;
thence South 14' 40' 05" West 115.77 feet; thence South 1' 43'43" West 360.53 feet; thence South 68'
40'48" East 100.41 feet; thence South 61' 47'36" East 117.80 feet; thence South 57' 59' 24" East
144.93 feet; thence leaving said Plat boundary South 79' 42' 24" East 30.13 feet; thence South 1' 43'43"
West 982.36 feet; thence North 79' 44'26" West 202.24 feet; thence South 30' 43' 43" West 108.51 feet;
thence along the are of a 45.00 foot radius curve to the right, the long chord of which bears South 12' 54'
46" West 47.79 feet; thence South 45' 00' 58" East 84.96 feet; thence South 1' 43'43" West 130.00 feet;
thence South 67' 42' 56" East 213.60 feet; thence South 1' 43'43" West 462.56 feet; thence North 87'
44'49" West 973.06 feet; thence North 22' 16' 34" East 923.00 feet; thence North 30' 46' 57" West 92.67
feet; thence North 25' 19' 10" West 96.02 feet; thence North 11' 10' 22" West 131.49 feet; thence North
73' 44' 26" East 54.57 feet; thence South 32' 30' 48" East 121.36 feet; thence along the are of a 46.00
foot radius curve to the right, the long chord of which bears North 41' 07' 32" East 13.55 feet; thence
North 32' 30'48" West 226.16 feet; thence North 70' 10' 22" East 99.84 feet; thence North 47' 26' 51"
West 44.47 feet; thence North 37' 15' 32" East 109.21 feet; thence North 22' 44' 11" West 90.47 feet;
thence North 50' 31' 56" West 154.11 feet; thence North 42' 50' 03" East 66.07 feet; thence North 38' 52'
01" West 108.94 feet; thence along the arc of a 275.00 foot radius curve to the left, the chord of which
bears South 45' 37' 06" West 31.51 feet; thence North 47' 39' 57" West 248.05 feet; thence North 37' 15'
32" East 342.39 feet; thence North 13' 17' 28" East 195.36 feet; thence North 41' 45' 21" East 174.09
feet; thence North 5' 58' 51" East 75.67 feet; thence North 46' 38' 24" West 189.35 feet; thence North
45' 35' 29" East 135.84 feet; thence along the arc of a 225.00 foot radius curve to the right, the long
chord of which bears North 51' 10' 19" West 125.34 feet; thence South 55' 29' 32" West 182.62 feet;
thence North 41' 17' 19" West 417.51 feet; thence North 56' 02' 20" West 151.40 feet; thence North 86'
14'33" West 148.92 feet; thence South 69' 43'24" West 80.92 feet; thence South 77' 57' 10" West
284.96 feet; thence South 80' 04'49" West 255.33 feet; thence North 3' 19'06" East 72.16 feet; thence
North 87' 09' 32" West 547.55 feet; thence North 17' 24'27" East 189.27 feet; thence North 56' 32' 00"
East 176.59 feet; thence North 67' 42' 52" East 175.03 feet; thence North 64' 42'01 " East 105.13 feet;
thence North 71' 09' 08" East 43.10 feet; thence South 38' 44'40" East 138.76 feet; thence South 67' 09'
44" East 78.73 feet; thence South 86' 40' 54" East 235.61 feet; thence North 14' 04' 12" East 214.76
feet; thence North 01' 38' 01" East 33.53 feet; thence North 84'18' 16" East 101.71 feet; thence North
01' 38' 01" East 223.63 feet; thence along the arc of a 20.00 foot radius curve to the right, the long chord
of which bears North 86' 14' 53" East 24.49 feet; thence South 55' 59'27" East 10.48 feet; thence North
34' 00' 33" East 60.00 feet; thence North 55' 59' 27" West 10.48 feet; thence along the arc of a 20.00 foot
radius curve to the right, the long chord of which bears North 18' 13'47" West 24.49 feet; thence along
the arc of a 180.00 foot radius curve to the left, the long chord of which bears North 11' 39' 02" East
49.36 feet; thence South 86' 05'48" East 105.66 feet; thence South 1' 57' 15" West 110.92 feet; thence
South 88' 07' 08" East 26.00 feet; thence North 1' 57' 15" East 110.00; thence South 86' 11' 43" East
113.02 feet; thence South 88' 07' 08" East 302.54 feet; thence South i' 57' 15" West 483.01 feet to the
Place of Beginning, in Lane County, Oregon.
Order Nc.: 18-16473
Page 5 M 6
PARCEL 1 CONTINUED:
EXCEPTING THEREFROM, all that portion lying within the Boundary lines of MOUNTAINGATE 1ST
ADDITION, as platted and recorded April 3, 2006, Reception No. 2006-022556, Official Records of Lane
County, Oregon.
FURTHER EXCEPTING THEREFROM, all that portion lying with in the Boundary lines of
MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No.
2007-020521, Official Records of Lane County, Oregon.
PARCEL 2: MAP 18.02.03.10.06000
Lot 172, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No.
2007-020521, Official Records of Lane County, Oregon.
PARCEL 3: MAP 18-02-03-10-06100
Lot 173, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No.
2007-020521, Official Records of Lane County, Oregon.
PARCEL 4: MAP 18-02-03-10-06200
Lot 174, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No.
2007-020521, Official Records of Lane County, Oregon.
PARCEL 5: MAP 18-02-03-10-06400
Lot 176, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No.
2007-020521, Official Records of Lane County, Oregon.
PARCEL 6: MAP 18-02-03-10-06500
Lot 177, MOUNTAINGATE 2ND ADDITION, as platted and recorded March 28, 2007, Reception No.
2007-020521, Official Records of Lane County, Oregon.
Order No: 18-16473
Page 6 of 6
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EXHIBIT 7.a.
ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Springfield Utility Board ("APPLICANT").
RECITALS
A. APPLICANT owns the parcel(s) of land legally described in Exhibit. A, the Property. The
property is proximate to the jurisdictional limits of the City and is subject to annexation by
the City of Springfield following minor boundary change processes.
B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated
for Assessor's Map No. 18-02-03-00, Tax Lots 00302.
C. APPLICANT wishes to annex the Property to the City and seeks support fromthe City for
the annexation. The Springfield Common Council has adopted Resolution No.
supporting the annexation.
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan
and is zoned LDR with Urbanizable Fringe Overlay (UF -10) according to the Springfield
Zoning Map.
E. Annexation of the Property requires a showing under SDG 6630(2) that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Metro
Plan Policy 8a and 8b, p.II-G4, and such showing is supported by the substantial evidence
in the record of the proceeding on this annexation. City staff has determined the minimum
level of key urban services is currently available to the Property.
F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment
and agreement to the allocation of financial responsibility for public facilities and services
:for the Property and other users of the facilities, sufficient to meet the City's requirements
for the provision ofkey urban services, including long term public sanitary sewer,
stormwater management systems, interconnected transportation systems, and Fire and Life
Safety services necessary for an affirmative City recommendation for the annexation
request.
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477Attn: Current Development Division
ANNEXATION AGREEMENT — Page 1 of 6
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G. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
• An existing public sanitary sewer system is located approximately 65 feet west of the
Property within Jessica Drive and is also located in S. 666 Place and has sufficient
capacity to serve the Property.
H. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Propertyis also necessary to
support a finding that this key urban service is available to serve. the Property.
• An existing public storm sewer was constructed with the. adjacent Mountaingate
Phase 3B Subdivision. This system was sized to accommodate the property.
I. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
• The Property has access to S. 66°h Place via. a private access easement.
• The Property also has frontage on a portion of Jessica Drive, which may have an
emergency access path extended to the east to have a secondary emergency access to
future private development.
• An access easement of sufficient width to construct a 20' wide emergency access and
sufficient width slope easement to construct the emergency access will be required
from the end of the existing Jessica Drive will be required. The total width of these
easement will be 70', with 35' (10' emergency access easement and 25' slope
easement) to either side of the lot lige between tax lots 18-02-03-00-00302 and 18-
02-03-10-00100, which would have been the future centerline of Jessica St.
J. In order to facilitate orderly development of the. Property and ensure the full provision of
key urban services that are satisfactory to the. City and meet the City's conditions for an
affirmative recommendation for annexation to the Common Council, and in exchange for
the obligations of the City set forth below, APPLICANT shall comply with all requirements
imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to
perform the obligations set forth in this section.
1.1. APPLICANT shall bear the obligation to provide for and cooperate with future
development that may occur to the east of Jessica Drive that may require emergency access
and connection to utilities.
ANNEXATION AGREEMENT — Page 2 of 6
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I.I.I. Allow and cooperate with a future private developer to extend the public sanitary
sewer system through the Property frontage on Jessica Drive to the eastern property
boundary of Tax Lot 1802020000401 upon request of the City of Springfield.
1.1.2. Dedicate an easement for a future emergency access width of 20 feet, with a slope
easement of 25 feet wide (for an overall width of 70') as measured from the existing
center line of Jessica Drive. 10' of the easement with a 25' slope easement to be on
Tax Lot 18-02-03-00-00302, and 10' of the easement with a 25' slope easement on
Tax lot 18-02-03-10-00100. For the benefit of Tax Lot 18-02-02-00-00402 and 18-
02-02-00-00401. This easement can be written to be extinguished when Tax Lot 18-
02-02-00-00402 develops with sufficient access that this isn't needed.
1.1.3. If needed, this emergency access and sewer will be constructed as part of a PIP to be
paid for by and constructed by the future developer of tax lot 1802020000402.
1.2. Provide and be financially responsible for the .provision of any additional urban
facilities and services identified during the review and approval of the Site Plan as
necessary to serve the development of the Property, including the construction and
maintenance thereof.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property, to the City before the Common Council and
support APPLICANT's defense of any appeal of a decision to the City. However, the City
will not assume any financial responsibility to provide legal counsel on appeal.
3. Covenants Running With the Land. It is the intention of the parties that the covenants herein
are necessary for the annexation and development of the Property and as such shall run with the
Property and shall be binding upon the heirs, executors, assigns, administrators, and successors
of the parties hereto, and shall be construed to be a benefit to and burden upon the Property.
This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane
County Deeds and Records. This Agreement may be assigned by APPLICANT and shall
benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a
precondition. to the support of the City for annexation of the Property described in Exhibit A to
the City. Accordingly, the City retains all rights for enforcement of this Agreement.
4. Limitations on the Development. No portion of the Property shall be developed prior to the
approval of a Site Plan for the proposed development.
5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions,
consents and all other documents necessary to obtain the public facilities and services described
herein as benefiting the Property, under any Improvement Act or proceeding of the State of
Oregon, Lane County or the City and to waive all rights to remonstrate against these
ANNEXATION AGREEMENT—Page 3 of 6
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improvements. APPLICANT does not waive the right to protest the amount or manner of
spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or
operate unfairly upon the Property. APPLICANT waives any right to file a written
remonstrance against these improvements. APPLICANT does not waive its right to comment
upon any proposed Local Improvement District (LID) or any related matters orally or in writing.
7. Modification of Agreement. This Agreement may only be modified in writing signed by both
parties. Any modifications to this Agreement shall require the approval of the Springfield
Common Council. This Agreement shall not be modified such that the minimum level of key
urban facilities and services as defined in the Metro Plan Policy Sa and. 8b, p.II-C-4 and as
required herein are not provided in a timely manner to the Property.
Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to the
use and development of this Property. Nothing herein shall be construed as City providing or
agreeing to provide approval of any building, land use, or other development application or
Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT.
APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal
permits and any other approvals as may be required.
9. Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tigard (512
U.S. 114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1,
required herein, are roughly proportional to the burden and demands placed upon the urban
facilities and services by the development and to the impacts of the development of the
Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v.
City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions
described herein.
10. Ballot Measure 37. APPLICANT knows and understands any rights it may have under Oregon
Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2,
2004. APPLICANT for itself and its heirs, executors, assigns, administrators and successors
hereby waives any claim or cause of action it may have under such ORS provisions against the
City.
11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such
enforceability or invalidity shall not affect the enforceability or validity of any other provision
of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the
rights and liabilities of the parties hereto shall be determined in accordance with the laws of the
State of Oregon -
DATED this day of , 20
ANNEXATION AGREEMENT — Page 4 of 6
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IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
By:
STATE OF OREGON ss
COUNTY OF LANE. J
Date
BE IT REMEMBERED that on this day of , 20Q before me,
the undersigned, a notary public in and for said County and State, personally appeared the
within named insert named here whose identity was proved to me on the basis of satisfactory
evidence and who executed the within instrument and acknowledged to me that insert name here
executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official scat the day and
year last above written,
NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES
vp�
ANNEXATION AGREEMENT — Page 5 of 6
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CITY OF SPRINGFIELD
as
City Manager
STATE OF OREGON } SS
COUNTY OF LAND JJJ
BE IT REMEMBERED that on this day of 200_ before me, the
undersigned, a notary public in and for said County and State, personally appeared the within
named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and
who by me duly sworn, did say that he is the City Manager of the within named municipal
corporation and does acknowledge said .instrument to be the free act and deed of said municipal
corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal
corporation, and that said instrument was signed and sealed in behalf of said municipal corporation
by authority of its Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES
ANNEXATION AGREEMENT —Page 6 of 6
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EXHIBIT 7.b.
EASEMENT
Tax Ni Lot Numbers: 181100 (on the date of execution)
THIS INDENTURE MADE and entered Impthis y4h dayof Gqzivml2020byarMbetseen Cfty
of Springfield, a Municipal Corporation of the State of Oregon acting byand through Springfield Utility Road,
hereinafter referred to as the Grantor(s), and the CITY OF SPRINGFIELD, a municipal corporation, in Lane
County, Oregon, hereinafter referred to as the Grantee.
IMTNESSETH: In Consideration oaths acceptance by Grantee and the use or holding of said easement for
present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey unto the Grantee, a
perpetual easement 20 feat in width, together with the right to go upon said easement area hereinafter
described in Exhibit "A" and depicted in Exhibit'C'. both attached hereto and made a pad hereof, for the
purpose ofconstructing, reconstructing, maintaining and using a secondary emergency vehicle access which
may hereafter be Installed on the easement area and a perpetual easement 15 met in width, tWetherwith the
dghl to go upon said easement area hereinafter described in Exhibit W, attached hereto and made a part
hereof, and depicted in said Exhibit"C° forthe purpose of constructing, reconstructing maintaining and using
a slope to support emergency vehicle access infrastructure which may hereafter be installed on the easement
area.
Said easements are not exclusive and the owners or occupiers of the lands affected by these easements
shall have the right to use their property, including the areas described as the easements, for any purpose as
long as the owners or occupiers do not interfere with the use of the Casements as granted by this instrument.
The Access Easement Area described in said Exhibit'A" is solely for the purpose of semntlary
emergency vehicle access. If at any paint after construction of a secondary emergency access through
the Access Easement Area such access becomes redundant and unnecessary due to the subsequent
availability of alternate means of secondary access, the subject semntlary emergency access shall be
removed from the Access Easement Area and the affected area shall be returned, W the extent feasible.
topreconstructioncontlidons. Costs associated with removal of the secondary emergency access and
rehabilitation of the construction footprint shall not be borne by Grantor, its successor or assigns. At such
time as secondary emergency vehicle access is not necessary, whether improvements were Constructed
or not, the access rights herein shall automatically terminate without the need for further process by
Grantor, fts sumessom or assigns and the City of Springfield will promptly record a vacation document in
the Lane County Oregon Official Records.
The desgn and construction of a secondary emergency access through the Access Easement Area shall
be limited to a 20 -feat wide, compacted gravel resolve , or as may otherwise he required in satisfaction of
applicable the apparatus access standards. Furtbermom, alockable gate shall be placed at both ends of
the secondary emergency access. The costs for designing and constructing the secondary emergency
access shall not be bums by Grantop its successor or assigns.
The Slope Easement Area described in Exhibit "B' is solely for the purpose of slope stability and grading
necessary for construction of improvements within the Access Easement Area.
The cost of any maintenance or repair of any access or slope Improvements within the easement areas shall
be split equally between the owners of those beneftted properties uVilzing the improvements. Following any
such maintenance or repairs, the surrounding area shall be returned to equivalent or better condition Nan
before said maintenance or repairs.
TO HAVE AND TO HOLD the above easement unto the said Grantee, its successors and assigns forever.
Lane County Clark 2020-056749
Lane County Deeds and Records
IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII $107.00
01900991203000661490060069
10/02/2020 09:10:13 AM
HER ESMT Gd -1 Pg5=5 Stn=2 CASHIER 12
$25.00 $10,00 51,00 Wes
RETURN TO: CITY OF SPRINGFIELD -PUBLIC WORKS DEPT -225 FIFTH STREET -SPRINGFIELD, OREGON 41477
Hill. nns—W'A—e nr—ia licsoc sepe—rc mor
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IN WITNESS l4MEREC E, the Grantors abovo named have hereunto set their hands and seals this
/'Q , day of SS.prtll I,a r 2020.
Signature: G—
Jeff Ninion, General Manager
STATE OF OREGON
COUNTY of LANE j SS
BE IT REMEMBERED that on this_day of� tr 2820 before me, the
undersigned, a notary public in and for said County and le, personally appeared the within named Jeff
Nelson whose identity was proved tome on the basis of satisfsetory evidence and who by me duly swam, did
say that he is the General Manager of the within named Springfield Utility Board and does acknowledge said
Instrument to be the free act and deed of said Springfield Utility Board, and that said instmmantwas signed
and sealed in behalf of said Springfield Utility Board by authority of its Board of Directors
IN TESTIMONY WHERE0F, I have hereunto set my hand and affixed my official seal the day and year last
above written.
ar uoaLnsxr
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wau donrcox NotaryP lic for regon
COMM65'AM M0. 990tH
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THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a
Municipal Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein Is
hereby accepted.
CITY OF SPRINGFIELD
By:
CM1ns Moorheatl- City of Springfield Surveyor Date
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EXHIBIT A
Desception of Access Easement Area
BEING a portion of Nose lands conveyed in that Statutory Warranty Deed recorded November 2, 2018 as
Reception Number 2010-051267 as recorded in the Lane County Oregon Official Records : said portion
being a strip of land in the northeast portion of said lands', said strep being 20.00 feet wide, by
perpendicular measurement and having the following boundaries:
Northerly — the course bearing South 67°42'66" East in the Parcel i description of the aforesaid deed
Southerly —a line being parallel to and 20.00 feet southwester , by perpendicular measurement, of
the northerly easement boundary
Westerly — the southeasterly boundary of Lot 178, MountainGate 2^' Addition as platted and recorded
in the Lane County Oregon Plat Records
Easterly —the easterly bon near, of the aforesaid Statutory Warranty Deed
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
NOVEMBER 200)
RENEE CLOUOUGH
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EXHIBIT B
Description of Slope Easement Area
BEING a portion of those lands conveyed in that Statutory Warranty Deed mcordod November 2, 2018 as
Reception Number 2016-051267 as recorded in the Lane County Oregon Official Records', said portion
being a stripe land in the northeast portion of said lands', said strip being 15.00 feet wide, by
perpendicular measurement and having the following boundaries:
Northerly — a line being parallel to and 20.00 feet, by perpendicular measurement, of the course
bearing South 67°42'56' East in the Parcel 1 description of the aforesaid deed, also being the
southerly boundary of the Private Access Easement Area described in Exhibit A of this document
Southerly —a line being parallel to and 15 00 feet southwesterly, by perpendicular measurement, of
the northerly easement boundary
Westerly — the southeasterly boundary of Lot 178. Mountaini 2,� Addition as platted and recorded
in the Lane County Oregon Plat Records
Easterly—the easterly boundary of the aforesaid Statutory Warranty Deed
P.EGISTERE0
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
NOVEMBER 2007
RENEE CLOUOUGN
6g 162LS
RENEWAL DATH 12131/21
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EXHIBIT C
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(GEED N119-051267)
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
NOVEMBER 30. 2001
RENEE LLOUGII
69162LS
EXPIRES: December 30. 2021
O 60
PROJECT No. 18-484
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