HomeMy WebLinkAboutApplication APPLICANT 6/21/2022City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
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EE
Application
Partition Plat Pre -Submittal: ❑ Subdivision Plat Pre -Submittal:
Partition Plat Submittal: Subdivision Plat Submittal:
Required. ect Information (Applicant: complete this section)
Applicant Name: Bo CromelinPhone: 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 11,10(s): 2109, 2200, 2218, 2219, 2300
Property Address: 3000 Gateway Street, Springfield, OR 97477
Size of Property: 56.54 Acres ® Square Feet ❑
Proposed Name of Subdivision: THE SHOPPES AT GATEWAY
Description of If you are filling in this farm by hand, please attach your proposal description to this applimhon.
Proposal: 22 LOT SUBDIVISION
Existin Use: Community Commercial
Tentative Case #:811-21-000112-TYP2
# of Lots/Parcels: 22 Avg. Lot Parcel Size: 111,948 sf Density: NSA du/acre
Si natures: Please si n and rint your name and date in thea ro riate box. on the next a e.
Required Project Information (City Zntake Staff: complete this section)
Associated Applications:
Pre -Sub Case No.:
Date:
Reviewed by:
Case No.: `611 - 17-- no o15b -Typ l
1 Date: UI 2f I7A9-2 lReviewedby:
(/
Application Fee: $
Technical Fee: $
1Postage Fee: $0
TOTAL FEES: $
1 PROJECT NUMBER:
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Owner Signatures
This application form is used for both the required pre -submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
timelines, information, requests and requirements conveyed to my representative.
Date:
Signature
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
C" —1 Date: 6
Signature(
10L� Yal,u�
Print
Revised 10.14.13 kl 2 of 6
Land Division Plat Application Process (see next page for a diagram of this process)
1. Applicant Submits a Land Division Plat Application for Pre -Submittal
• The application must conform to the Land Division Plat Pre -Submittal Requirements
Checklist on pages 4-6 of this application packet.
• A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal
meetings are conducted every Tuesday and Friday, from 10:00 am - noon.
• Planning Division staff strives to conduct pre -submittal meetings within five to seven
working days of receiving an application.
2. Applicant and the City Conduct the Pre -Submittal Meeting
• The applicant, owner, and design team are strongly encouraged to attend the pre -
submittal meeting.
• The meeting is held with representatives from Public Works Engineering and
Transportation, Community Services (Building), Fire Marshall's office, and the Planning
Division and is scheduled for 30 to 60 minutes.
• The Planner provides the applicant with a Pre -Submittal Checklist specifying the items
required to make the application complete if it is not already complete, and the
applicant has 180 days submit a complete application to the City.
3. Applicant Submits a Complete Land Division Plat Application
• When the applicant has addressed all items on the Pre -Submittal Checklist and the
City Surveying Section has notified the applicant's surveyor that the plat and other
documents are sufficiently refined, the applicant can submit a complete application to
the City Survey Section located in the NW Quad of City Hall.
• The application must conform to the Land Division Plat Submittal Requirements
Checklist on page 6 of this application packet.
• If the submittal is deemed complete, the City Survey Section will sign -off on the City
Survey approval sheet and send the applicant to the Development & Public Works
Department for application submittal and fee collection.
• Planning staff checks and signs the mylars.
4. Applicant Records Plat at Lane County & Submits Plat and Documents to City
• After Planning staff checks and signs the mylars, the plat may then be recorded by the
applicant's surveyor at Lane County.
• After plat has been recorded at Lane County, applicant submits five (5) recorded, rolled
paper copies of the plat and three (3) copies of required documents to the
Development & Public Works Department prior to the issuance of building permits.
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LAND DIVISION PLAT APPLICATION PROCESS
Applicant submits land division plat application for pre -submittal
(See Land Division Plat Pre -Submittal Requirements Checklist)
City departments review application for completeness and hold pre -submittal meeting to
discuss completeness issues with applicant and applicant's representatives.
Applicant addresses incomplete items. City Surveyor checks application and returns
comments to applicant's surveyor.
Applicant's surveyor corrects plat City Surveyor conducts field check and
and returns to City Surveyor. returns comments to applicant's surveyor
Applicant's surveyor sets new monuments
and flags existing ones.
Once no errors appear on the plat and a current title report is submitted, applicant's
surveyor is given ok to submit complete land division plat application.
After ok given from City Surveyor and applicant has addressed all incomplete items from
pre -submittal, applicant submits complete application to the City Survey Section
(See Land Division Plat Submittal Requirements Checklist)
City Survey Section signs -off on City Survey approval sheet and sends the applicant to the
Development & Public Works Department for application submittal and fee collection.
Planning staff checks and signs mylars and notifies applicant's surveyor of approval.
Applicant takes plat and accompanying documents to Lane County for recording.
Applicant brings copies of recorded plat and documents to Development & Public Works
Revised 10.14.13 kl 4 of 6
Land Division Plat Pre -Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. Any applicable application, technology, and postage fees, are
collected at the pre -submittal and submittal stages.
❑ Land Division Plat Application Form
❑ Letter Addressing Conditions of Approval - lists and addresses each condition of
approval, detailing the actions taken and current status of each item.
❑ Five (5) Paper Copies of the Plat stamped and signed by the surveyor.
❑ Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all
common areas, dedicated areas, and easement areas that are not simple parallel offsets.
❑ Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being
divided. The title report must be dated within 30 days of submittal at the time of the final
submittal. An older report is OK at the pre -submittal stage.
❑ Two (2) Copies of Each of the Reference Documents and Plats listed on the plat.
❑ Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest
title to the owner listed on the plat), existing easement deeds, and documents listed as
exceptions in the title report, etc.
❑ Two (2) Draft Copies of any street dedications.
❑ Two (2) Draft Copies of Any New Easements or Restrictions being created by
separate document, improvement agreements, maintenance agreements, joint use
ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other
documents that will be recorded together with the plat or that are required by the
Conditions of Approval.
❑ Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by
the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by
separate document is required from all Trust Deed, mortgage, or other secured loan
interest holders against the property to be recorded simultaneously with the plat IF any
public dedications or easements are being made and/or any other interests are being
transferred to the public per ORS 92.075 (2-4).
❑ Copies of Wetland Documents as required.
❑ Copies of ODOT Access Permits as required.
❑ Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
❑ Verification that Street Tree Agreement is in Progress as required.
❑ Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as
required.
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❑ Post Monumentation Deposit as required for subdivisions only. City Survey Section
has current fee schedule and templates.
❑ Location of Any Floodways in accordance with SDC 3.3-400.
❑ Existing Easements Clearly Identified with Their Recorded Reference.
❑ New Easements and Reserve Strips Referenced in Owner Certificates of
Dedication and Purposes of Easements Identified on Plat.
NOTE: When, as part of the approval process, the application has been conditioned so that the
recordation of a document is required, the applicant shall be responsible for paying the Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right -of -Way.
Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
Q Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. The application, technology, and postage fees, where applicable, are
collected at the time of complete application submittal.
Q Land Division Plat Application Form
0 Two (2) Copies of the Deed
Two (2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
FXj Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp.
Z Copy of the Mylar on Bond Paper
0 Original and Copy of all Required Documents with signatures where appropriate.
Revised 10.14.13 kl 6 o1`6
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
BRF1 Gateway, LLC
c/o Balboa Retail Advisors, LLC
11611 San Vicente Boulevard, Suite 900
Los Angeles, CA 90049
Attention: Adam Miller
DECLARATION OF EASEMENTS
(The Shoppes at Gateway)
This DECLARATION OF EASEMENTS ('Declaration') is made as of the Z oma' day
of 3 r,e 2022, by BRFI Gateway, LLC, a Delawaze limited liability company ('Declarant").
RECITALS:
A Declarant is the owner of that certain real property located in the City of
Springfield, County of Lane, State of Oregon, as more particularly described on Exhibit "A"
attached hereto and depicted on Exhibit "B" attached hereto (the "Site Plan') located within the
shopping center commonly (mown as The Shopper at Gateway. The real property within said
Exhibit "A" is composed of sub -parts individually referred to as a "Lot' and collectively, the
"Lots" or the "Property", and are identified on the Site Plan as Lots 1-22 and Tax Lot 2305.
B. Declarant will hereafter hold and convey title to all and every portion of the
Property subject to the easements and covenants herein set forth, it being the intention of Declarant
that the provisions of this Declaration shall run with the land and bind and benefit the Property,
Declarant, as the current owner of the Property, each and every successor owner of the Property;
and every portion thereof and each person or entity having an interest in the Property, and every
portion thereof, derived through any such owner.
DECLARATION:
NOW, THEREFORE, Declarant hereby covenants and declares that the Property is now
held and shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the
easements and covenants herein set forth.
Definitions.
(a) "Access Drives" is defined in Section 3.
(b) "Declarant' initially is the signatory to this Declaration, and upon the first
conveyance of Lot following the recordation of this Declaration, Declarant shall thereafter be the
owner (and its successors -in -interest) of that certain real property located in the City of Springfield,
County of Lane, State of Oregon as depicted on Exhibit "B" attached hereto as "Lot 5" ("Lot 5").
If Lot 5 is subdivided, then thereafter Declarant shall be the owner (and its successors -in -interest)
4834-9649 0609,5
of one of the newly subdivided lots as identified by Declarant in an instrument recorded
concurrently with the creation of such subdivision.
(c) "Dominant Estate" is defined in Section 6.
(d) "Grantee" is any owner (including Declarant) of a Dominant Estate.
(e) "Grantor" is any owner (including Declarant) of a Servient Estate.
(1) "Mall Lots" are Lots 3 — 8 and 18 as shown on the Site Plan.
(g) "Mall Adjacent Lots" are Lots 1, 9, 10, 19 and 20 as shown on the Site
Plan.
(h) "Occupant' is any Person, together with all officers, directors, partners,
employees and agents of such Person, entitled by fee ownership, leasehold interest or license to
the exclusive occupancy of all, or any portion of, a Lot.
(i) `Permittees" are owners of the Lots and all Occupants and their respective
officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees,
licensees and concessionaires insofar as their activities retate to the intended use of the Property.
6) "Person" is any individual, partnership, firm, joint venture, association,
corporation or any other entity.
(k) "Servient Estate" is defined in Section 6.
(1) "Stormwater Facilities" is defined in Section 5.
(m) "Sub -Declaration" is a separate declaration recorded by Declarant against
one or more Tots.
(n) "Utility Facilities" is defined in Section 4.
2. Parking Easement. Declarant hereby reserves to itself and grants to each successor
owner of a Benefitted Lot (see first column below) for its and their respective use, and for the use
of their respective Permittees, in common with all others entitled to use the same, a nonexclusive
easement upon those portions of a Burdened Lot (see second column below) that are improved
with parking areas from time to time (the "Common Parking Area") for the passage and parking
of vehicles and for the passage and accommodation of pedestrians.
Benefited Lot Burdened Lot
Lots 3-8 and 12-18 Lots I, 2, 9, 10, 19 and 20
Declarant shall have the right to: (i) eject or cause the ejection from the Common Parking
Area any person not authorized to use such Common Parking Area; (ii) designate exclusive
parking rights within the Common Parking Area for the benefit of certain Permittees; (iii) establish
and enforce reasonable rules and regulations covering the use of the Common Parking Area; (iv)
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4834-8649-0609.5
utilize the Common Arca Parking for other activities provided the satne do not materially reduce
or prohibit access to and from a Benefitted Lot or reduce the number of available parking spaces
such that a Benefitted Lot no longer satisfies all applicable governmental parking requirements;
and (v) prescribe certain sections within the Common Parking Area, or on other land outside the
Common Parking Area within a reasonable distance from the nearest boundary of the Property,
for use as parking by the employees of the Occupants of a Benefitted Lot. Each owner of a
Benefitted Lot shall require such employees to use only such sections as are so prescribed for
employee parking. Developer may permit the construction of new buildings, and/or the
reconfiguration of the parking stalls and drive aisles, within the Common Parking Area provided
that doing so does not cause a Benefitted Lot to no longer satisfy all applicable governmental
parking requirements. In the case of the construction of new buildings, the area upon which they
arc located shall cease being subject to the parking easement granted under this Section 2 and shall
no longer be considered Common Parking Area.
3. Access Easement. Declarant hereby reserves to itself and grants to each successor
owner of a Benefited Lot (see first column below), for its and their respective use and for the use
of its and their respective Permittees, in common with all others entitled to use the same, a
nonexclusive easement upon those portions of Burdened Lot (see second column below) that are
improved with driveways from time to time (the "Access Drives") for pedestrian and vehicular
ingress mid egress to and from the Benefited Lot and the public streets adjacent to the Burdened
Lot.
Benefited Lot Burdened Lot
Lots 1-22 and Tax Lot 2305 Lots 1, 2, 9, 10, 19 and 20
Subject to compliance with applicable governmental requirements, Declarant shall have the right,
from time to time, to relocate any of the Access Drives provided that: (i) such relocation shall be
performed without expense to any other Lot owners and only after thirty (30) days' written notice
thereof has been given to such owners; (ii) during such relocation work, Declarant provides
reasonable substitute ingress and egress to and from each Benefited Lot affected by such relocation
and the public streets adjacent to the Burdened Lot; and (iii) the relocated Access Drives shall
provide reasonable ingress and egress to and from each such Benefited Lot and the public streets
adjacent to the Burdened Lot.
Access to Beverly Street over that portion of the Property identified as "REA Access
Easement" on Exhibit `B" attached hereto is provided to the Lots pursuant to that certain
Construction, Operation and Reciprocal Easement Agreement dated March 13, 1990, recorded on
March 13, 1990, as Reception No. 90-11883 in the Official Records of Lane County, Oregon, as
amended.
4. Utilities Easements and Mall Lot Easements.
4.1. Utilities Easements. Declarant hereby reserves to itself and grants to each successor
owner of a Lot, for its and their respective use and for the use of its and their respective Permittees,
nonexclusive easements for the use, maintenance, repair and replacement of sanitary sewers, storm
drains, water and gas mains, electrical power lines, cable television, telephone lines and other
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4834-8649-0609.5
utility lines serving the respective Lots as of the dale hereof (collectively, "Utility Facilities") in
their respective locations existing as of the date hereof. All of such Utility Facilities shall be
underground unless (i) the same are aboveground as of the date hereof or (ii) otherwise approved
in writing by Declarant, exercised in its sole and absolute discretion. The foregoing utility
easements only apply to Utility Facilities existing as of the dale hereof. If an owner desires to
install new Utility Facilities over another owner's Lot, then such owner must obtain a separate
easement from the other owner, and in no event may such easement be located under any building
located on the other owner's Lot.
The Grantee of any of the foregoing utility easements shall be responsible as between the
Grantor and the Grantee thereof for the maintenance, repair and replacement of all Utility Facilities
benefiting the Grantee's Lot. Prior to the commencement of any such maintenance, repair or
replacement, the Grantee must obtain the Grantor's approval of the following, which approval
shall not be unreasonably withheld or delayed: (i) a schedule identifying the commencement and
completion dates and the hours that the work will be performed; (ii) the plans for the work; (iii)
the identity of the Person performing the work; (iv) a certificate of liability insurance from the
Person performing the work satisfying the minimum limit of liability insurance required of the
Grantee under the Sub -Declaration (or such lower amount as the Grantor may approve) naming
the Grantor as an additional insured; and (v) such other items or information as the Grantor may
reasonably request. The foregoing items and information must be delivered to the Grantor at least
thirty (30) days prior to the scheduled commencement of the work. Notwithstanding the foregoing,
(A) in the event of an emergency that necessitates immediate action, the Grantee may commence
the work without first submitting the items and information set forth in clauses (i) through (v)
above and obtaining Grantor's consent, but Grantee must submit such items and information to
Grantor as soon thereafter as possible and the Person performing the work must be a licensed
contractor and (B) if the work will be performed by the utility company then (1) Grantor's approval
under clause (iii) above will not be required and (2) the items and information under clauses (ii),
(iv) and (v) above will not be required if the terms of the easement agreement with the utility
company do not allow the Grantee to obtain the same from the utility company. All such work
shall be performed in accordance with the approved plans (except in the case where approved plans
are not required, as provided above), without cost or expense to the Grantor and in such manner
as to cause as little disturbance in the use of the Servient Estate as may be practicable under the
circumstances. Upon the completion of such work, the Grantee shall restore the portion of the
Servient Estate affected by such work to the same condition as it was before the commencement
of the work and in accordance with the approved plans (except in the case where approved plans
are not required, as provided above).
The Grantor of any of the foregoing utility easements shall have the right from time to time
to relocate any Utility Facilities on its Lot provided that such relocation shall be performed only
after thirty (30) days' written notice thereof has been given to the Grantee, and such relocation:
(i) shall not interfere with or diminish the utility services to the Grantee; (ii) shall not reduce or
unreasonably impair the usefulness or function of such Utility Facility; (iii) shall be performed
without cost or expense to Grantee and (iv) shall not be located within public easements except for
perpendicular crossings or as otherwise approved by the City of Springfield.
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4834-8649-0609.5
4.2. Mall Lot Easements.
(a) Mall Utilities. Declarant reserves for itself and grants to each successor
owner of a Mall Lot, for its and their respective use and for the use of its and their respective
Permittees, a non-exclusive easement through each Mall Lot for (i) the utility, wiring, heat,
plumbing and other service elements serving the respective Mall Lots as of the date hereof
(collectively, the "Mall Utilities") in their respective locations existing as of the date hereof, and
(ii) reasonable access required to effectuate and continue the proper operation of the improvements
served by the Mall Utilities. The foregoing utility easement only applies to Mall Utilities existing
as of the date hereof. If an owner of a Mall Lot desires to install new utilities within another
owner's Mall Lot, then such owner must obtain a separate easement from the other owner. The
provisions of the second and third paragraphs of Section 4.1 pertaining to the Utility Facilities
shall apply to the Mall Utilities; provided, however, to the extent any Mall Utilities (or any portion
thereof) are used in common by two or more Mall Lots, Declarant shall, at Declarant's cost, be
responsible for the maintenance, repair and replacement of those Mall Utilities (orportion thereof)
that are used in common. Any Mall Utilities (or any portion thereof) that are not used in common
shall be maintained, repaired and replaced by the owner of the Mall Lot that uses such Mall
Utilities (or portion thereof) at such owner's cost.
(b) Encroachment. Declarant reserves for itself and grants to each successor
owner of a Mall Lot, for its and their respective use and for the use of its and their respective
Permittees, a non-exclusive easement upon each Mall Lot and Mall Adjacent Lot for the purpose
of accommodating any present or future encroachment as a result of engineering errors,
construction, reconstruction, repairs, settlement, shifting, or movement of any portion of the Mall
Lots or the existing improvements thereon as of the date hereof, or any other similar cause, and
any encroachment due to building overhang or projection existing as of the date hereof, together
with reasonable access required to maintain and repair the encroachment. Architectural and/or
building features are known to, or believed to, encroach from certain Mall Lots onto certain Mall
Adjacent Lots as depicted on Exhibit "C" attached hereto. The Grantee of the foregoing
encroachment easement (a) shall not, in the exercise of such easement, damage the improvements
on the Grantor's Lot or interfere with the business operation conducted thereon and (b) shall ensure
that the encroachment complies with all applicable laws of the City of Springfield (including but
not limited to applicable building and fire code setbacks). The encroachment easement (i) does
not apply to any improvement constructed after the date hereof other than a replacement of an
improvement existing as of the date hereof, provided such replacement is in the same location as
the previous improvement and (ii) shall terminate as to a Mall Lot when the existing improvement
on such Mall Lot no longer exists, unless such improvement is replaced by a new improvement in
the same location within one year.
4.3 Lots 14-16 Encroachments. Architectural and/or building features are known to, or
believed to, encroach from Lots 14-16 onto Lot 10 as depicted on Exhibit "C" attached hereto
("Lot 14-16 Encroachments"). Declarant reserves for itself and grants to each successor owner of
Lots 14-16, for its and their respective use and for the use of its and their respective Permittees, a
non-exclusive easement upon Lot 10 for the purpose of accommodating the Lots 14-16
Encroachments.
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4834-864-0609 5
5. Stormwater Drainage and Ouality. Declarant reserves for itself and grants to each
successor owner of a Lot a nonexclusive easement for (i) surface drainage over the drainage
patterns and systems established for the Property and (ii) stormwater drainage into the stormwater
quality facilities serving the Property (the "stormwater Facilities"). No owner of a Lot shall
interfere with the established drainage pattern over its Lot from adjoining or other Lots unless such
owner makes adequate provisions for proper drainage approved in writing by Declarant. The
"established drainage pattern" is the drainage pattern existing as of the date hereof. Declarant shall
be responsible for the maintenance of the Stormwater Facilities.
6. Dominant and Servient Estates. Each easement granted pursuant to the provisions
hereof is expressly for the benefit of the Lot of the Grantee, and the Lot so benefited shall be the
dominant estate (the "Dominant Estate") and the Lot upon which such easement is located shall
be the servient estate (the "Servient Estate"), but where only a portion thereof is bound and
burdened, or benefited by a particular easement, only that portion so bound and burdened, or
benefited, as the case may be, shall be deemed to be the Servient Estate or Dominant Estate, as the
case may be. Any easement granted pursuant to this Declaration may be abandoned or terminated
by execution of an agreement so abandoning or terminating the same, by the owners of the
Dominant Estate and Servient Estate.
7. Prohibition Against Granting Easements. No owner shall hereafter grant an
easement or easements of the type set forth in this Declaration for the benefit of any property not
within the Property, without the prior written approval of Declarant, exercised in Declarant's sole
and absolute discretion.
8. Notices. Any notice, demand, communication, certification, approval, consent,
invoice and/or request (individually referred to as "notice"), required or allowed hereunder to be
given to or by an owner shall be made in writing and shall be delivered by a nationally recognized
overnight courier service or express mail service (such as, but not limited to, Federal Express).
Notice shall be deemed given when actually received or refused by the party to whom the notice
was sent, as evidenced by the delivery service's records.
Notice to Declarant shall be delivered to the following address or such other address(es) as
Declarant shall designate by notice properly delivered in accordance with this Section 8:
BRFI Gateway, LLC
c/o Balboa Retail Advisors, LLC
11611 San Vicente Boulevard, Suite 900
Los Angeles, CA 90049
Attention: Asset Manager
Notice to any owner other than Declarant shall be delivered to the address most recently
given by such owner to Declarant any other owner in accordance with this Section 8 or, if no such
address shall have been given, then to the street address of such owner's Lot.
9. Term. The term of this Declaration and the easements established hereunder shall
be perpetual.
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4834-8649-0609.5
10. Amendment. This Declaration may be amended only by a document executed and
acknowledged by each owner and recorded in the Official Records of Lane County, Oregon;
provided, however, (a) Declarant may, by a document executed and acknowledged only by
Declarant and recorded in the Official Records of Lane County, Oregon (i) amend Section I(b) to
reflect a different Lot owner to be the Declarant hereunder or (ii) replace Exhibits "A" and "B" to
reflect any subdivisions of, or lot line adjustments or other changes to, the Lots and (b) Section 4.2
may be amended by a document executed and acknowledged by each owner of the Mall Tots and
recorded in the Official Records of Lane County, Oregon.
11. Severability. If any one or more of the provisions of this Declaration are held by a
court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions of this Declaration shall not be affected or
impaired in any way.
12. Attorneys' Fees. If any owner brings any action or proceeding against another
owner for the adjudication of any rights under this Declaration, the prevailing owner shall be
entitled to recover from the other owner all costs and expenses, including reasonable attorneys'
fees, incurred by the prevailing owner as determined by the court.
13. Covenants RunniniZ with the Land. This Declaration shall hind and inure to the
benefit of Declarant and cacti successive owner of the Property, or any portion thereof; provided,
however, each owner of a portion of the Property, including Declarant, shall only be bound by the
terms of this Declaration during such owner's period of ownership.
14. Governing Law. This Declaration shall be governed by and interpreted in
accordance with Oregon law.
15. Nonmereer. Although, at the time of the execution and recordation of this
Declaration, Declarant is the fee owner of both the Dominant Estate and the Servient Estate, it is
the express intent of this Declaration that the Doctrine of Merger shall not apply as to the easements
established hereunder. The easements established hereunder shall continue unless such easement
are specifically terminated by a mutually executed and recorded agreement of the owners of the
Dominant Estate and Servient Estate. This mmnnerger provision is perpetual, shall run with the
land, and shall be binding upon and inure to the benefit of the respective successors and assigns of
the Servient Estate and the Dominant Estate and all parties and persons claiming under them.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first
above written.
BRFI Gateway, LLC,
a Delaware limited liability company
Title: Vit:« (-i c:.de,-�-
_7_
4834-8649 0609.5
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los Angeles
On 'l lrvie 7G 2O2Z —, before me, N4(<r tet ttZ dv)
Onset none ane aefi ofma ofrce,)
Notary Public, personally appeared Tern c-6 i iu.4t 2 K. -f
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are'
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
xieq+nsnencoxoon
WITNESS my hand and official seal.
""+'+'°°°`C°""""
M 52
Cammrssim.22951fi0
RE
c.m+-c.n.a �.• n. Zan
Signatures 2� yuat- Low (Seal)
-8-
4894-8649-0609.5
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT "A"
-I-
4834-864M6095
Aranch
E'N`GINEERING_
SM1977
May 20, 2022
EXHIBIT A
DECLARATION OF EASEMENTS
SHOPPES AT GATEWAY
Branch. Engineering Inc. Project No. 21-035
Situated in the City of Springfield, Lane County, State of Oregon in the Southeast '/ of
Section 21 and Southwest '/ of Section 22, Township 17 South, Range 3 West of the
Willamette Meridian, described more particularly as follows:
Tax Lot 2305
All those lands conveyed as Parcel A' of that Special Warranty Deed recorded on _August
1, 2017 as Reception Number 2017-037745 in the Lane County Oregon Official Records
Lots 1-22
Lots 1-22 of The Shoppes at Gateway as platted and recorded in the Lane County Oregon
Plat Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DiGITAi 1 Y SIGNED
OREGON
NOVEMBER 30, 2007
RENEE CLOUGH
69162LS
RENEWAL DATE: 12/30/23
EUGENE -SPRINGFIELD ALBANY
310 Sh Street, Springfield, OR 97477 1 P: 541.746.0637 1 �. branch en g ince ri ng.com
EXHIBIT "B"
SITE PLAN
EXIIIBIT"
-I-
4834-8649 06095
EXHIBIT "C"
EXHTBTT C'
-I-
4834-864M609 5
L
aa3a-864M6oes
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los
On JUnP 205 ?-OZ-L before me, K( - F66
(insert name and title o he office) $
personally appeared A.r,�4 'Fr U6V\014X1Gv
who proved to me on the basis of satisfactory evidence to be he persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. »»14.,..,:»r, to»oox
m9,y >pam caopmia
Cgnmhsldrlet $39 p �
v Ces. [}poly Jun 31. $033
Signature �'-"•"tip-c,., t r (Seal)
Recorded at the request of
and after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
OWNER'S CONCURRENCE
for
THE SHOPPES AT GATEWAY
WHEREAS BRFI Gateway, LLC, a Delaware limited liability company, hereinafter referred to
as "the platter," 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 platter hereby concurs with the platting and recording of
said Subdivision Plat as said plat subdivides said lands.
Dated this ZO'" day of .. . 2022.
BRFI Gateway, LLC
Position: Va— �r ydev+
STATEOF Cp.ltirovrsla )
)ss
County of Lcr, 111 . los )
There personally appeared before me the above named --yQ-d 'P'Wtodh.. 1/tc t�res,de.h
of BRFI Gateway, LLC, a Delaware limited liability company, who is kn6wn 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.
xuxxi. risxen ioxoox Notary Public for Cat,t'r .n,n
.ry v�e�m. c.morm:
r My Commission Expires: 3� 29t 7-023
Come. Earn lw ]L IDn
CONCURRENCE TO PLATTING
Page 1 of 1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validit of that document.
State of California
Countyof L� Amr(eS )
On Qre 20 -202Z before me, u rata f � L
(insert name and title oft a officer
personally appeared Jaaced' 'TfLsb22Af-�
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
p,Eq Lowes
„x.m a�err.. E.rramia
C Wnmisnm M 2I9M
Signature V.Akki4a.`�n.�--
•Y C�'T^ EapUe3lun 3L 3031
(Seal)
Recorded at the request of
and after recording return to:
Branch Engineering, Inc.
310 Fiflh Street
Springfield, OR 97477
Grantor:
Grantee:
BRFI Gateway, LLC
BRFI Gateway, LLC
3000 Gateway Street
3000 Gateway Street
Springfield, OR 97477
Springfield, OR 97477
DECLARATION OF RESTRICTIONS
BE IT KNOWN, that BRFI Gateway, LLC does hereby declare a restriction over the following
described properly:
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 walls) between the lots meets or exceeds the standards specified for fire
wall requirements on a zero -lot line in the Oregon Structural Specialty Code (the "Code") applicable
at the time of release. BRFI Gateway, LLC may satisfy the aforementioned requirement by
providing reasonable evidence that the wall(s) meet or exceed the standards specified for fire wall
requirements on a zero -lot line in the Code.
IN WITNESS WHEREOF,&,,_��l,•-+��. \]:,,Prus:.(.. of BRFI Gateway, LLC
has executed this Declaration of Restrictions on this 2gµ day of
2022
Position: Ute ?res:./...-+
STATEOF )
)ss
County of LLL, p.snc�tc3 )
xineu nsxfl Eorvvox
Na LM nW j,j Ctl ty
I lc, ln�elef Cnunry
LPIm155�On 13395360 LIE -
There personally appeared before me the above named Ckr..et PL't"SL-t , Vie, of
BRFI Gateway, LLC, who is known to me to be the identical individual who executed the foregoing
instrument and does hereby acknowledge said instrument to be his voluntary act and deed.
Notary Public for Oregeu-c�t,
My Commission Expires: Tv e z$ '7nZg
r
Page 1 of 1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County ofL-�
On 3vn2 7_r,.12OZ`Z before me, Mk +, LavN<301`-) tees
(insert name and title of the officer
personally appeared teCk -?f 156210 ti -4
who proved to me on the basis of satisfactory evidence to 6e the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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rebs County
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