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Home My WebLink AboutApplication APPLICANT 9/29/2022#04987 Chick-Fil-A Restaurant PLA Springfield, Oregon A Land Use Application For: Type I Property Line Adjustment Submitted: August 18, 2022 Applicant: 4G Development and Consulting P.O. Box 270571 San Diego, California 92198 Contact: Andrew Hunt Phone: 760.214.8362 Prepared by: DOWL 720 SW Washington Street, Suite 750 Portland, Oregon 97205 Contact: Mike Towle Phone: 971.280.8641 BOWL PAGE INTENTIONALLY LEFT BLANK #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 Table of Contents I. Introduction...................................................................................................4 GENERAL INFORMATION...........................................................................................................4 II. Project Summary............................................................................................5 EXISTINGCONDITIONS.............................................................................................................. 5 PROJECTDESCRIPTION............................................................................................................. 7 III. Springfield Development Code.......................................................................8 SECTION5.16.100 PROPERTY LINE ADJUSTMENTS..........................................................................8 SECTION 3.2-315 BASE ZONE DEVELOPMENT STANDARDS.............................................................. 10 IV. Conclusion....................................................................................................11 Appendix 1. Application Form 2. Lot of Record Information 3. Tentative Plat List of Tables Table 1: Surrounding Uses..................................................................................................................5 Table 2: Lot Line Adjustment Summary Table......................................................................................7 List of Figures Figure 1: Vicinity Map Figure 2: Zoning Map. 3 .............................................. 7 Errorl Bookmark not defined. #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 Introduction General Information Applicant: 4G Development and Consulting P.O. Box 270571 San Diego, California 92198 Contact: Andrew Hunt Phone: 760.214.8362 Email: ahunt@4Gdev.com Prepared by: COWL 720 SW Washington Street; Suite 750 Portland, OR 97205 Contact: Mike Towle Phone: 971.280.8641 Email: mtowle@dowl.com Project Location 3350 Gateway Street Springfield, OR 97477 Tax Lot ID Numbers: T17-R3W-S22-20-TL01300 T17-R3W-S22-20-TL01600 Zoning: Community Commercial (CC) Comprehensive Plan: Commercial Project Site Area: 4.49 acres #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 Project Summary Existing Conditions The project site consists of two (2) tax lots (17-03-22-20-01300 and 17-03-22-20-01600) totaling approximately 4.49 acres located southwest of the intersection between Beltline and Gateway Street in the City of Springfield. Tax lots 17-03-22-20-01300 and 17-03-22-20-01600 are separate, legal lots of record. Lot of record information is included with this application as Appendix 2. Both tax lots are currently zoned Community Commercial (CC) with a comprehensive plan designation of Commercial. A vicinity and zoning map are included as Figure 1 and Figure 2 of this narrative, respectively. The project site is developed with an existing motel and restaurant facility, all of which will be demolished to prepare the site for a new restaurant facility. Additional information regarding the redevelopment proposal was previously submitted with a site plan review application, which is currently under review but has not been assigned a project tracking number at this time. The proposed location of the new restaurant warrants the relocation of the western and southern property boundaries to prevent the restaurant building from straddling property lines and to consolidate all site improvements associated with the restaurant, including parking and drive aisles, within a single lot. Surrounding uses are identified in Table 1 below. Table 1: Surrounding Uses Zoning Use North CC Community Commercial South CC Community Commercial East CC Community Commercial West CC Community Commercial #04987 Chick-Fil-A Gateway and Beltline PLA Figure 1: Vicinity Map Figure 2: Zoning Map 2022 #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 Project Description 4G Development and Consulting (the applicant) is requesting City approval of a Property Line Adjustment (PLA) to adjust the common property line between tax lots 17-03-22-20-01300 and 17-03-22-20-01600 to consolidate all parking within a single lot and create a larger lot for future development. Tax lots 17-03- 22-20-01300 (further identified as Lot 2, Block 2 in the Puerta Subdivision Plat) and 17-03-22-20-01600 (further identified in Exhibit A of quitclaim deed 98-13132) were both created consistent with applicable regulations and are therefore legal lots of record and therefore eligible for adjustment. Table 2, below, identifies the existing and post -adjustment lot sizes. Table 2: Lot Line Adjustment Summary Table Tax Lot ID Existing Acreage Proposed Acreage 17-03-22-20-01300 0.50 acres 1.92 acres 17-03-22-20-01600 3.99 acres 2.57 acres The adjusted properties are shown on the tentative plat, included as Appendix 3. The copy of the preliminary title report, deeds, and other supporting legal lot documents are included with this application as Appendix 2. Both tax lots are under common ownership. Shared access and utility easements between future tenants can be established as necessary. No changes to the sites existing uses, landscaping, open spaces, parking, or existing access are proposed with this application. #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 III. Springfield Development Code The applicable Springfield Development Code (SDC) provisions are set forth below with findings demonstrating the project's consistency with these standards. Section 5.16.100 Property Line Adjustments. 5.16.105 Purpose and Applicability. (A) These regulations are intended for the review of Property Line Adjustments and are separate from lane County Deeds and Records lot/parcel consolidation policies. A Property Line Adjustment is the relocation of a common boundary between 2 abutting properties. A Serial Property Line Adjustment is the relocation of more than 1 common property line involving 2 or more abutting properties. Serial Property Line Adjustments can be reviewed individually or combined in a single application as specified in SDC 5.16.115. Response: No serial property line adjustment is proposed with this application. Lot of record information is included with this application as Appendix 2. (B) Property Line Adjustments may occur within a recorded Subdivision or Partition, as specified in this section, as long as the adjustment is not a reconfiguration of or an increase or decrease of the number of lots in a Subdivision. In this case, the Replat review process specified in SDC 5.12.165 applies. Response: Tax lots 17-03-22-20-01300 and 17-03-22-20-01600 were created as separate lots of record, as evidenced by the lot of record documentation included with this application as Appendix 2. The proposed property line adjustment will adjust the western and southern property of tax lot 17-03-22-20-01300 to increase the lot area to encompass the future restaurant building and associated site improvements within a single lot. The property lines being modified are between a lot within a recorded subdivision (tax lot 17-03-22- 20-01300) and a lot created by deed (tax lot 17-03-22-20-01600). The requested adjustment will not reconfigure, increase or decrease of the number of lots in the Puerta Subdivision. Therefore, the replat review process specified in SDC 5.12.165 does not apply. 5.16.115 Review. (A) Single Property Line Adjustments are reviewed under Type 1 procedure. Response: This PLA request is for a single property line adjustment. Therefore, the application is subject to review under the Type I procedure. (B) Serial Property Line Adjustments may be combined into a single application. If the latter occurs, serial Property Line Adjustments are reviewed under Type 2 procedure. Response: A serial property line adjustment is not proposed with this application. Therefore, the proposed property line adjustment is not subject to review under the Type 2 procedure. #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 5.16.125 Criteria. The Director shall approve, approve with conditions, or deny the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property line Adjustment shall not: (A) Create a new lot/parcel; Response: The proposed property line adjustment will relocate the western and southern property line of tax lot 17-03-22-20-01300, effectively enlarging tax lot 17-03-22-20-01300 from .50 acres to 1.92 acres and reducing tax lot 17-03-22-20-01600 from 3.99 acres to 2.57 acres. No new lots/parcels are created as a result of the proposed property line adjustment. (B) Create a landlocked lot/parcel; Response: No landlocked lot/parcel will be created as a result of the proposed property line adjustment. Additionally, the proposed property line adjustment will not restrict the establishment of a shared access agreement between the primary tenant/owner and future tenants. (C) Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in this code; Response: As summarized in Table 2 of this narrative and reflected on the Tentative Plat (Appendix 3), the resulting lot area for each tax lot will be greater than 6,000 square feet, the minimum lot size established for lots in the CC zoning district. (D) Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application; Response: The relocated property lines will not violate any previously established conditions of approval on the lots/parcels involved in the application per this requirement. (E) Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcels; or Response: Both tax lots are under common ownership and as such, the property line adjustment will not detrimentally alter the availability of existing public and/or private utilities between tax lots 17-03-22-20-01300 and 17-03-22-20-01600. Future development of the project site and shared utilities, access, and parking will be outlined in a reciprocal agreement between the primary tenant/restaurant and the secondary tenants for future Pad A and Pad B at the time of sale or future development of each pad. Existing private and public utilities are described in further detail in the site plan review application for the restaurant facility filed as a separate application. #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 (F) Increase the degree of non -conformity of each lot, parcel or structure that is non-conformingat the time of application. Response: The property line adjustment will occur between two tax lots whose use and configuration conforms to SDC provisions in the existing and future configuration. Therefore, the proposed property line will not increase the degree of non -conformity of each lot, consistent with this provision. Section 3.2-315 Base Zone Development Standards Response: The proposed property line adjustment will relocate the western and southern property line of tax lot 17-03-22-20-01300, enlarging tax lot 17-03-22-20-01300 from .50 acres to 1.92 acres and reducing tax lot 17-03-22-20-01600 from 3.99 acres to 2.57 acres. Both resulting lot sizes will be larger than the minimum lot size (6,000 square feet). Existing street frontage for each tax lot will exceed 50 -feet, consistent with this requirement. 10 CarweMl2aPYP DYakr Oe.Nonnen SMnOFN MC [L Arlt Ga M.lm ar.r 6OaOavwFMt 6Oo0 FalrFF re.[ 6,000"Wi 6Ooo .w•re MN LL 1, 5'., lf) SO hM SO MFI 5O Wt MWI MPF W&LatY 01 YtrLNn5Ytl1 "ft WIFFr Mn P..m wpY1NYj FrpIY1p1 NF•M.•rr LMrv•r.l re....q. OFMw.rFMMan'1 M.FrrazMR' L.aP•rt•1 La.e.w R.6F0 mkh N•r4naFwoAry M wrw.lpn'Mw^.n4xFbFr.FFn SFabrr•el ah CFaF i.rq]Mn 15prt.n Mrw FlrgF• M•w wFa LMA awa 15066 Lmun Mel YYni.•n LutlrapYq VerNrnFFYmwn WdLL(iq nu W�num rpu:em.nrl0:MFaq WrdpaLn F61Y cmm6rFk ailYFaF MYFM bFIFu 6ury SFab�u al mIL GOOF 20 AFrurrldarwFla.wwm.m ru LIFIfn.m PFMg. bFJiq Frq vFiiLlMr iS PFrrFr6 LFVPFr[4 caw.FOF IbnnFa anph NF.amdLMolx 6aM6m F•M Lv.wgF 6N1krV.i rx1L coax MnbnPF6 SFe.a.tzKSMel Fab #SY Frani. StlFL15EF Y•m •M 1Noirgr Lm Mer YU &i6rp SFIMee 16F" IOFM 1O FM 16 F.e PMh9.artrmr•aaaMFw NorFp. 7 F SF" 5FFN 5F.1 FFPIFG N SkF. MFr YNa Sem...~ Auw4 MLW .P CI Deamu BaAarrp AlM4 10 FW IOFM 1O F.N 16F.e PFhYp.�' 00eoa 3. 7FFe 5Fw 5F.m SFm $NEEM YNbFP L"M M-00) MFF MM.a MFFFIPLMFpFLYb hbr ft., IMft M LOn w Nan "M NFW Or'M0R •M nV+rVnSMFPoA1MyirF0.iPlI9 6y ryFr Wim);-_}uia vwb5a4M FwTLrFnJIrF•.biaF{Fi IM • G1Me.yr.prrA•Nrn XNn •faIFM3]GLrIFeF YA VMiAM.tl1 PV IDULeY 15Ma1amFnF�Mw F14E TM WDM PW[PN vm.n.Mmy.�lpNerYmp�1. 20 F. No". man Nipnnvtba:l M. UN MM M. Pn Ftl[ meq YFOIII • a•1•� of 50 Wr Response: The proposed property line adjustment will relocate the western and southern property line of tax lot 17-03-22-20-01300, enlarging tax lot 17-03-22-20-01300 from .50 acres to 1.92 acres and reducing tax lot 17-03-22-20-01600 from 3.99 acres to 2.57 acres. Both resulting lot sizes will be larger than the minimum lot size (6,000 square feet). Existing street frontage for each tax lot will exceed 50 -feet, consistent with this requirement. 10 #04987 Chick-Fil-A Gateway and Beltline PLA August 18, 2022 No development is proposed with this property line adjustment. Compliance with maximum lot/parcel coverage, minimum landscaping, parking, loading and vehicular circulation and setbacks, building setbacks, and building height are addressed for the new restaurant development within the pre -development site plan review application submitted separately from this PLA. IV. Conclusion As evidenced throughout this narrative and attached exhibits, the proposed property line adjustment meets the governing approval criteria. Therefore, the applicant respectfully requests City approval of this request. 11 Appendix 1 Application Form 'pity of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Property Line Adjustment SPRINOFI� Required Project Information ., Applicant Name: Steve Schwartz Company: Chick-fil-A, Inc. Phone: 303.519.7206 Fax: Address: 15635 Alton Parkway, Suite •Andrew Bunt Applicant's Rep.: Phone: 760.214.8362 Company: 4G Development & Consulting, Inc. Fax: Address: PO Box 270571, San Diego, CA PROPERTY 1 Assessors Ma #: 1703222001600 Tax Lot #: 1703222001600 Property Address: 3350 Gatewav St, Springfield, OR 97477 Pro ert Owner: Richard Boyles ___[ Company: Syoan B Corp. Phone: (541) 746-2590 Fax• Address: 840 Beltline Road, Suite 202, Sprinqfield, OR 97477 PROPERTY 2 Assessors Ma #: Tax Lot #: Property Address: Property Owner: Phone: Company: Fax: Address: Description of Ityou are fillinq in this Form by hand, please attach your proposal description to this application. proposal: proposed Chick-£il-A fast food restaurant with dual drive-thru lanes. Signatures: Please sin and print vour name and date in the appropriate box on the next page. Required Project Information (City Intalre Staff., complete this section) Associated Applications; Case No.: Date: Reviewed by: Application Fee: Technical Fee: Postage Fee: 0 TOTAL FEES: PROJECT NUMBER: Rrvlspd 6/6/11 Liz Miller I of 4 Signatures The undersigned acknowledges that the information in this application is correct and accurate. Andrew R. =„UMw�. Hunt Date: 09.02.2022 Signature Andrew R. Hunt it me applicant is not me owner, me owner notary grana permission for me applicant to act In es/ner Property S CA Owner 1: �J ®n" //' J _ / , /c E_5!(�sYt � Date: _ gnature It Me applicant is not the owner the owner hereby grants permission fair the applicant M act In his/her behalr. Property Owner 2: Date Signature -- - -C Print RrO,sd 6/6111 Liz Miller 2 of 4 Property Line Adjustment Application Process 1. Applicant Submits a Property Line Adjustment Application to the Development & Public Works Department The application must conform to the Property Line Adjustment Submittal Requirements Checklist on page 4 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Property Line Adjustment Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check • Planning Division staff conducts a detailed completeness check within 30 days of submittal. • The assigned Planner notifies the applicant in writing regarding the completeness of the application. • An application is not deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. • Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application & Issues a Decision • This is a Type I decision and thus is made without public notice and without a public hearing since there are clear and objective approval criteria and/or development standards that do not require the use of discretion. • Decisions address all the applicable approval criteria and/or development standards. • Applications may be approved, approved with conditions, or denied. • The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. • The decision issued is the final decision of the City and may not be appealed. Revised 6/6/11 Liz Miller 3 of 4 Property Line Adjustment 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. The applicable application, technology, and postage fees are collected at the time of complete application submittal. ❑ Property Line Adjustment Application Form ❑ Copy of the Deed for all properties involved in the property line adjustment. ❑ Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances for all properties involved in the property line adjustment. ❑ Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken, including findings demonstrating compliance with SDC 5.16-125, Property Line Adjustment Criteria. ❑ Three (3) Copies of a Preliminary Survey including the following: ❑ Prepared, stamped, and signed by an Oregon licensed land surveyor ❑ Scale appropriate to the area involved and the amount of detail and data ❑ North arrow, date of preparation, and title, i.e. Proposed Property Line Adjustment Survey ❑ Boundaries of the lots/parcels involved, including dimensions and area ❑ Zoning and plan designation of the lots/parcels ❑ Existing property line and proposed property line, clearly differentiated by line type ❑ Location and outline to scale of all existing structures, including required setbacks from current property lines and proposed property lines ❑ Location, widths, and names of all existing streets, alleys, or other rights-of-way within or adjacent to the lots/parcels and the location and width of driveways ❑ Location of all public and private easements and utility lines within or crossing the lots/parcels. For properties outside the city limits, location of all septic tanks and drain fields. ❑ Reference to the recorded Subdivision or Partition by name or reference number and blocks, lot/parcel numbers, where applicable Revised 6/6/11 Liz Miller 4 01`4 Appendix 2 Lot of Record Information RANDY PAPE BELTLINE 1%9 1700 r i 1400 1300 ZVt ~ BELT 00 1201 1100 1 00 1300 1400 1600 904 KRUSE 1900 w 901 i a` 905 0 Taxlot Lot of Record F —I PLSS Section 0 Deed 98-13132 I�n Chick-Fil-A Gateway & Beltline 0 Puerta Plat (Lot 2, Block 2) U rw Dale: Ju 28,2022 o s7. Ts Iso *DOW L Fgure 1 JM—Ing aPa JIW,= 1 18 PM Uw'ssoding Fmou of Land Monag—K,Shh ofQgon, Shh of Ogon WT, Shh of 0mgon GEO, rsn Canada, r ,HERE, Garan, ZMnolgm, M., LEGS, EPA USDA ®pALTA Commitment for Title Insurance )G— First Ame'ric'an ISSUED BY Commitment First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENTTO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, FirstAmerican Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within 90 days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title Insurance Company Kenneth 0. DeGiolgio, President Greg L Smit%, Secretary If this jacket was created electronically, it constitutes an original document This page & only a part ofa 2016 AL TAO Camoxb ant for Title Iruurenre &sued by Hat Am vimn Title Incur m Corpany. This Cbrrxrx ent is wt valid ewthout the Notion; the Cbrrmh nt m l sue iblicy; the Corrmb nt Conditiom; Shcadule A� Schedule 8, Part I-Requlmn or; Schedule 8, Pan II{xrepbom Copyright 2066-2016 American Land title Association. All rights reserved. The use of this Forth (or any derivative thereol) is restriclod to ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Tide Association. 1. DEFINITIONS (a) "Knowledge" or" Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that bylaw constitute real property. The term"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extant that a right of access wand from the Landis to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Comrnbnent (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established understate statutes at the Commitment Data for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Titre": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terrnnates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Comrnbnent at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Data, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment S. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title orcreate the Mortgage covered by this Commitment. (b) The Company shall not be liable under Comrntrrent Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the rratterand did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Comrnbrent was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(axi) through 5(axiii) or the Proposed Policy Amount (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Comrnbrent unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. This page & only a partofa 2016 AL TAO Comnxbrent for Title Iru ce &sued by HatAmerioon Title Incur m Company. This Comnxbrente; not valid ewthout the Notim; the Commtment m &sue Policy,' the Cbm xt ent Corditbre; Shcedule A� Schedule 3,, part I-Requlmn &; Schedule 8, Pan II{xrepbom Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license tom the American Land Title Association. S. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commi bent. (b) Any claim must be based in contract and must be restricted solely to the terns and provisions of this Commitment (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commi bent (d) The deletion or modification ofany Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terns and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the lirnted purpose of issuing title insurance comrntmenta and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. S. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the fime that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. This page & only a partofs 2016 AL TAO Comnxbrent for Title Iruu ce &sued by HatAmerioon Title Insur m Conp any. This Comnxbrentis not valid ewthout the Notion; the Com tment m Issue Policy,' the Cbm xt ent Corditbre; Sb$edule A� Schedule 8, part I-Requlmn &; Schedule 8, Pan II{xrepbom Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Association. .t ALTA Commitment for Title Insurance j •rstAmezi6w ISSUED BY Schedule A First American Title Insurance Company Transaction Identification Data for reference only., Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office's ALTA& Registry ID: Commitment No.: NCS-1090350-LA2 Property Address: Randy Pape Beltline and Gateway, Street, Springfield, OR Revision No.: Issuing Office: 4380 La Jolla Village Drive, Suite 110, San Diego, CA 92122 Loan ID No.: Issuing Office File No.: NCS-1090350-LA2 SCHEDULE A 1. Commitment Date: April 18, 2022 at 8:00 a.m. 2. Policy to be issued: (a) ® ALTA& 2006 Owners Standard Coverage Policy Proposed Insured: Chick-fil-A, Inc., a Georgia corporation Proposed Policy Amount: $8,000,000.00 $12,600.00 (b) ® ALTA& 2006 Loan Policy Proposed Insured:To Be Determined Proposed Policy Amount: $TBD $TBD (c) ❑ 2006 ALTA@ Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple 4. The Title is, at the Commitment Date, vested in: Sycan B Corp., an Oregon corporation, as to an undivided 80.0% interest and Olympic Street, LLC, an Oregon limited liability company, as to an undivided 20.0% interest, as undivided Tenants in Common, as to Parcel I and SYCAN B CORP., an Oregon corporation, as to an undivided eighty percent (80%) interest, and OLYMPIC STREET, LLC, an Oregon Limited Liability Company, as to an undivided twenty percent (20%) interest, as Tenants in Common, as to Parcel II S. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page & only a part ofa 2016 AL TAO Cwmnxbmnt for Title Iruurance &sued by Hat Amerimn Title Insurance Corryuny. This Commibrent is wt valid Wthout the Nonce; the Commihmnt m Issue iblicy; the Conmibrent Conditiom; Shcelule A� Schedule 8, part I-Requlmn &; Schedule 8, Pan II{xrepbom Copyright 2066-2016 American Land Title Association. All tights reserved. The use of this Forth (or any derivative Ihereol) is restricled to ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reorinred under license from the American land Title Association. FIRST AMERICAN TITLEINSURANCE COMPANY By: Authorized Signatory If there are any questions concerning this Commitment, please contact: Jacqueline Erum at jerum@frstam.com First American Title Insurance Company National Commercial Services 777 South Figueroa Street, Suite 900 Los Angeles, CA 90017 (213)271-1700 phone This page & only a partofa 2016 AL TAO Comnxb snt for Title Iru ce &sued by Hat Amsrimn Title Incur m Corryeny. This Conm entis not valid ewtbout the Notion; the Comm nt m /slue Policy; the Cbmm nt Conditiom; Shcadule A� Schedule 8, part l-Requlra m&; Schedule 8, Pan II{xrepbom Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restriced m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance First American ISSUED BY Schedule BI & BI First American Title Insurance Company i ...errora�namw�feF.�uiia�Yf�nv� SCHEDULE B, PART Requirements Al of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This page & only a paRofa 2016 AL TAO Cwmnxb ant for Title Insurance &sued by Hat Am vimn Title Insurance Corryeny. This Commibrent is wt valid Wthout the Nonce; the Commihmnt m lia; a iblicy; the Commibrent Conditiom; Shcadule A� Schedule 8, part l-Requlmn &; Schedule 8, Pan II{xcepbom Copyright 2066-2016 American Land Title Association. All tights reserved. The use of this Form (or any derivative thereol) is restricled to ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are =hihited. Reprinted under license from the American land Title Aaeodation. j f ALTA Commitment for Title Insurance FII SL{ ,4.wcrICtlw ISSUED BY Schedule BI & BII (Cont. First American Title Insurance Company ...�f-nlsmamw�[eF.�uiia�Yf��ev� SCHEDULE B, PARTII Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 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. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing improvements located on adjoining land onto the Land), encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the Public Records at Date of Policy and not otherwise excepted from coverage herein. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the Company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the Land. In the event of new construction or remodeling the following is required: This page & only a paRofa 2016 ALTAO Cwmnxb ant for Title Insurance &sued by RmtAmemmn Title Insurance Corryeny. This Commibrentis wt valid ewthoutthe Nonce; the Cbnmi nt m lia; a iblicy; the Conmibrent Conditiom; Shcadule A� Schedule 8, partl-Requimn &; Schedule 8, Pan II{xcepbom Copyright 2066-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative Ihereol) is restricled to ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are =hihited. Reprinted under license from the American land Title Aaeodation. i. Satisfactory evidence that no construction liens will be fled; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Any defect, lien, encumbrance, adverse claim, or other wetter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met. 7. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 8. Intentionally Deleted. 9. City liens, if any, of the City of Springfield. Note: A SEARCH WILL BE DONE UPON REQUEST 10. Unrecorded leases or periodic tenancies, if any. 11. Any conveyance or encumbrance by Sycan B Corp, should be executed pursuant to a proper resolution of the shareholders voted on at a duly called meeting of the shareholders in accordance with the By -Laws or other authority of the corporation. Certified copies of the resolution authorizing the conveyance and encumbrances and of the minutes of the meeting of the shareholders and copies of the By -Laws or other authority for such conveyance or encumbrance should be furnished for examination. The resolution should specify the officers authorized to sign on behalf of the corporation. 12. Any conveyance or encumbrance by Olympic Street LLC should be executed pursuant to their Operating Agreement, a copy of which should be submitted to this office for inspection. THE FOLLOWING EXCEPTIONS ARE AFFECTS PARCEL I: 13. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 14. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission recorded November 25, 1966, Reception No. 67649 Deed of Records, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 15. Easement, including terms and provisions contained therein: Recording Information: July 21, 1972, Reception No. 9831 In Favor of: City of Springfield, a municipal corporation 16. Easement, including terms and provisions contained therein: Recording Information: November 06, 1972, Reception No. 27017 In Favor of: Pacific Power 8. Light Company, a corporation This page & only a partofa 2016 AL TAO Cwmnxb snt for Title Iru ce &sued by Hat Amerimn Title Insur m Corryeny. This Comnxbrente; cwt valid ewthout the Notion; the Comm nt m Issue Policy; the Comm nt Conditiom; Shcadule A� Schedule 8, part I-Requlra m&; Schedule 8, Pan II{xrepbons Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restriced m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Association. For: right of way 17. Easement, including terms and provisions contained therein: Recording Information: March 07, 1973, Reception No. 73-9791 In favor of: Pacific Power 8. Light Company, a corporation For: right of way 18. A lease, including the terms and provisions, dated December 11, 1971, executed by Charles F. Larson, Jr. as lessor and Jim E. Hemstreet as lessee, recorded April 02, 1976 as Reception No. 76- 15350 of Official Records. By mesne instruments of record, the Lessee's interest in said lease has been assigned and/or conveyed to Alis Hospitality, an Oregon limited liability Company by instrument recorded December 07, 2012 as Instrument No. 2012-062954, and instrument recorded December 11, 2012 as Instrument No. 2012-063355. By mesne instruments of record, the Lessee's interest in said lease has been assigned and/or conveyed to BOEV, LLC, by instrument recorded October 22, 2014 as Instrument No. 2014-041794. Assignment of Lease by instrument: Recording Information: October 29, 2020 as Instrument No. 2 02 0-0626 10 19. Limited access provisions contained in Deed from Sunset Investment LLC, an Oregon limited liability company, successor in interest to Sunset Investments Limited Partnership, an Oregon limited partnership to the State of Oregon, by and through its Department of Transportation recorded October 06, 2009 as Instrument No. 2009-056577 Deed of Records, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 20. Limited access provisions contained in Deed from Shilo Inn, Springfield, LLC, an Oregon limited liability company the State of Oregon, by and through its Department of Transportation recorded October 06, 2009 as Instrument No. 2009-056578 Deed of Records, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 21. Permanent easement for wall maintenance, including terms and provisions thereof. Recorded: October 06, 2009 as Instrument Nos. 2009-056577 and 2009- 22. Lease and the terns and conditions thereof Lessor: Shilo Management Corporation, dba Shilo Inn Lessee: Elmers Restaurants, Inc. As disclosed by: Warranty Deed Recorded: November 10, 2011 Recording No.: Instrument No. 2011-051261 Lessors interest is now held of record by Sterling Savings Bank, a Washington state chartered bank: By Instrument: Assignment of Lease Recorded: November 10, 2011 Recording No.: Instrument No. 2011-051263 This page & only a partofa 2016 AL TAO Cwmnxb snt for Title Iru ce &sued by HatAmerimn Title Insur m Corryeny. This Comnxbrente; cwt valid ewthout the Notion; the Comm nt m Issue Policy,' the Comm nt Conditiom; Shcadule A� Schedule 8, part I-Requlra m&; Schedule 8, Pan II{xrepbons Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restriced m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Association. 23. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Boev, L.L.C., an Oregon Limited Liability Company Grantee/Beneficiary: Summit Bank Trustee: Cascade Title Company Amount: $2,000,000.00 Recorded: October 22, 2014 Recording Information: Instrument No. 2014-041795 24. Assignment of leases and/or rents and the terns and conditions thereof: Assignor: Boev, L.L.C., an Oregon limited liability company Assignee: Summit Bank Recorded: October 22, 2014 Recording Information: Instrument No. 2014-041796 LI:IitHl[aNall� [Hi:(MgJINI� 6'fe1:1�e1tltltM67Ye1:iNti�IF 25. Subject property is under CITIES AND TOWNS EXEMPTION and is tax exempt. Any change in ownership before delivery of assessment roll may result in tax liability. Account No. 0188217. 26. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 27. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission recorded November 25, 1966, Reception No. 67649 Deed of Records, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 28. Easement as shown on the recorded plat/partition For: Public utilities Affects: See plat for exact location 29. Relinquishment Deed, including terns and provisions thereof. Recorded: January 21, 2020 as Instrument No. 2020-003155 30. The forced removal or remediation of any existing structure, or any part of it, because any portion of it was built without obtaining a building permit from the proper government office or agency. 31. Limited access provisions contained in Deed to the City of Springfield, a municipal corporation of the State of Oregon, recorded January 20, 2021 as Instrument No. 2021-004085 Deed of Records, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 32. Covenants, conditions and restrictions contained in Deed. Executed by: The State of Oregon, by and through its Department of Transportation Recorded: January 20, 2021 Recording Information: Instrument No. 2021-004085 33. Property Line Adjustment Deed, including terns and provisions thereof. Recorded: September 24, 2021 as Instrument No. 2021-061809 This page & only a partofa 2016 AL TAO Cwmnxb snt for Title Iru ce &sued by HatAmerimn Title Insur m Corryeny. This Comnxbrente; wt valid ewthout the Notion; the Comm nt m Issue Policy; the Comm nt Conditiom; Shcadule A� Schedule 8, part I-Requlra m&; Schedule 8, Pan II{xrepbons Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivalive thereof) is restriced m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Asspd.fion. 34. Any facts, rights, interests or claims that may exist or arise by reason of the following matters disclosed by an ALTA/NSPS survey made by SB.F Land Services on November 12, 2021 last revised November 29, 2021, designated 2021-014-78: (A) Traffic signal junction box extends over the easterly boundary by an undisclosed distance onto the subject property; (B) Signs in the southeasterly corner extend over the easterly boundary by undisclosed distances, ownership unknown; (C) Signs extend over the southerly boundary by undisclosed distances, ownership unknown; (D) Concrete extends over the southerly boundary by an undisclosed distance, ownership unknown; (E) Power vault on the east side of the subject property does not fall within easement; (F) Electric transformers on the east and south portions of the subject property do not fall within an easement. -END OF EXCEPTIONS - This page & only a partofa 2016 AL TAO Cwmnxb nt for Title Iru ce &sued by HatAmerimn Title Incur m Corryvny. This Conwxb ntis wt valid Wthout the Notion; the Comm nt m lssue Policy; the Comm nt Conditiom; Shcadule A� Schedule 8, part I-Requlra m&; Schedule 8, Pan II{xrepbom Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivalive thereof) is restriced m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Asspd.fion. INFORMATIONAL NOTES NOTE: We find no matters of public record against Chick -fl -A, Inc. that will take priority over any trust deed, mortgage or other security instrument given to purchase the subject real property as established by ORS 18.165. NOTE: Taxes for the year 2021-2022 PAID IN FULL Tax Amount: $23,166.33 Map No.: 17-03-22-20-01600 Property ID: 1041506 Tax Code No.: 01900 NOTE: Taxes for the year 2021-2022 PAID IN FULL Tax Amount: $81,872.78 Map No.: 17-03-22-20-01600 Property ID: 1104866 Tax Code No.: 01900 (Affects Improvement only for Parcel I) NOTE: Taxes for the year 2021-2022 PAID IN FULL Tax Amount: $2,271.24 Map No.: 17-03-22-20-01600 Property ID: 5275159 Tax Code No.: 01900 (Affects Personal Property on Parcel I, assessed to Alis Hospitality) NOTE: Taxes for the year 2021-2022 PAID IN FULL Tax Amount: $1,709.28 Map No.: 17-03-22-20-01600 Property ID: 5329923 Tax Code No.: 01900 (Affects Personal Property on Parcel I, assessed to Southern Oregon Elmers LLC) NOTE: This Preliminary Title Report does not include a search for Financing Statements filed in the Office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is fled in the Office of the County Clerk covering Fixtures on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and block. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: Statutory Warranty Deed recorded October 29, 2020 as Instrument No. 2020-062629, BOEV, LLC to Sycan B Corp and Olympic Street, LLC. Warranty Deed recorded September 30, 2021 as Instrument No. 2021-063161 to Sycan B Corp., an Oregon corporation, as to an undivided 80% interest, and Olympic Street, LLC, an Oregon Limited Liability Company, as to an undivided 20% interest, as tenants in common This page & only a partofa 2016 AL TAO Cwmnxb snt for Title Iru ce &sued by Hat Amsrimn Title Insur m Corryeny. This Comnxbrente; wt valid Wthout the Notion; the Comm nt m Issue Policy; the Comm nt Conditiom; Shcadule A� Schedule 8, part I-Requlra m&; Schedule 8, Pan II{xrepbons Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivalive thereof) is restricted m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Asspd.fion. Situs Address as disclosed on Lane County Tax Roll: 3350 Gateway Street, Springfield, OR 97477 This page & only a partofa 2016 AL TAO Conwm snt for Title Iru ce &sued by Hat Amsrimn Title Insur m Corryeny. This Conwm ente; riot valid mabout the Notion; the Comm nt m Issue Policy; the Comm nt Cond1bom; Shcadule A� Schedule 8, part I-Requlra m&; Schedule 8, Pan II{xrepbons Copyright 2006-2016 American Land Title Association. All rights reserved The use of this Form (or any derivalive thereof) is restriced m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are mhihited. Reprinted under license from the American Land Title Assad.fion. ISSUED BY RnstAmmican First American Title Insurance Company Exhibit A File No: NCS-1090350-LA2 File No.: NCS-1090350-LA2 The Land referred to herein below is situated in the County of Lane, State of Oregon, and is described as follows PARCEL I: BEGINNING AT A2 INCH IRON PIPE FOUND MARKING THE INITIAL POINT OF PUERTA SUBDIVISION, AS PLATTED AND RECORDED IN BOOK 53, PAGE 2, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON, SAID INITIAL POINT DESCRIBED AS BEING SOUTH 613.80 FEET AND EAST 646.49 FEET FROM THE NORTHWEST CORNER OF THE WILLIAM STEVENS DONATION LAND CLAIM NO. 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE SOUTH 890 55'35" WEST ALONG THE NORTHERLY LINE OF LOT 1, BLOCK 1, IN SAID PUERTA SUBDIVISION, 150.0 FEET TO A FOUND 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00 04'25" EAST ALONG THE WESTERLY LINE OF SAID LOT 1 AND THE EASTERLY RIGHT OF WAY LINE OF GATEWAY STREET 300.0 FEET TO THE SOUTHERLY SOUTHEAST CORNER OF SAID PUERTA SUBDIVISION; THENCE SOUTH 890 55'35" WEST ALONG THE MOST SOUTHERLY LINE OF SAID PUERTA SUBDIVISION 80.0 FEET TO A 5/8 INCH IRON ROD AND THE SOUTHEAST CORNER OF LOT 2, BLOCK 2, IN SAID PUERTA SUBDIVISION, AND THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID MOST SOUTHERLY LINE SOUTH 890 55' 35" WEST 150.0 FEET TO A 5/8 INCH IRON ROD AND THE SOUTHWEST CORNER OF SAID PUERTA SUBDIVISION; THENCE NORTH 00 04'25" WEST ALONG THE WESTERLY LINE OF SAID PUERTA SUBDIVISION 277.15 FEET TO A 5/8 INCH IRON ROD SET ON THE SOUTHERLY RIGHT OF WAY LINE OF EAST BELT LINE ROAD AS SAID RIGHT OF WAY LINE WAS FOUND TO HAVE BEEN MONUMENTED BY THE OREGON STATE HIGHWAY DEPARTMENT; THENCE SOUTH 830 39' 16" WEST ALONG SAID MONUMENTED RIGHT OF WAY LINE 236.36 FEET TO A FOUND 5/8 INCH IRON ROD MARKED SHRW 358+00; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE NORTH 890 57' 14" WEST 28.44 FEET TO A 5/8 INCH IRON ROD; THENCE SOUTHERLY ALONG THE ARC OF A CERTAIN SPIRAL CURVE RIGHT (THE CHORD OF WHICH BEARS SOUTH 370 30' 33" WEST 4.87 FEET) ON THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY I-5 TO A POINT ON THE WESTERLY LINE OF SAID WILLIAM STEVENS DONATION LAND CLAIM NO. 46; THENCE SOUTH 00 05'49" EAST ALONG SAID LINE 498.31 FEET TO A 5/8 INCH IRON ROD BEARING SOUTH 00 04' 25" EAST 250.78 FEET AND SOUTH 890 55' 35" WEST 416.15 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 890 55' 35" EAST 416.15 FEET TO A POINT ON SAID WESTERLY LINE OF GATEWAY STREET; THENCE NORTH 00 04'25" WEST 250.78 FEET TO THE TRUE POINT OF BEGINNING, ALL BEING IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, IN LANE COUNTY, OREGON. EXCEPTING THEREFROM, THE FOLLOWING PARCEL OF LAND PREVIOUSLY TRANSFERRED TO THE OREGON DEPARTMENT OF TRANSPORTATION: A PARCEL OF LAND LYING IN THE WILLIAM M. STEVENS DONATION LAND CLAIM NO. 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, LANE COUNTY, OREGON AND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE QUITCLAIM DEED TO SUNSET INVESTMENTS LIMITED PARTNERSHIP, RECORDED FEBRUARY 26, 1998, RECEPTION NO. 9813132, LANE COUNTY OFFICIAL RECORDS, THE SAID PARCEL BEING THAT PORTION OF SAID PROPERTY INCLUDED IN A STRIP OF LAND 98.50 FEET IN WIDTH, LYING ON THE SOUTHERLY SIDE OF THE CENTER LINE OF THE RELOCATED BELT LINE HIGHWAY, WHICH CENTER LINE IS DESCRIBED AS FOLLOWS: BEGINNING AT ENGINEER'S CENTER LINE STATION 'BL' 354+00.00, SAID STATION BEING 2,420.96 FEET SOUTH AND 1,275.21 FEET EAST OF THE NORTHWEST CORNER OF THE ASHLEY C. STEVENS DONATION LAND CLAIM NO. 45, TOWNSHIP 17 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN; THENCE SOUTH 870 58,13" EAST 1,000.00 FEET TO ENGINEER'S CENTER LINE STATION 'BL' 364+00.00, IN LANE COUNTY, OREGON. PARCEL II This page & only a paRofa 2016 AL TAO Cwmnxb ant for Title Iruurance &sued by Hat Amerimn Title Insurance Corryuny. This Commibrent is wt valid ewthout the Nonce; the Commih nt m /slue iblicy; the Conmi nt Conditiom; Shcadule A� Schedule 8, part l-Requlmn &; Schedule 8, Pan II{xrepbom Copyright 2066-2016 American Land Title Association. All tights reserved. The use of this Form (or any derivative Ihereol) is restricled to ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American land Title Association. BEGINNING AT A POINT 415.70 FEET NORTH 890 55' 35" EAST OF A POINT ON THE WEST LINE OF THE WILLIAM STEVENS DONATION LAND CLAIM NO. 46, IN TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, 764.68 FEET SOUTH 00 04'25" EAST FROM THE NORTHWEST CORNER OF SAID CLAIM NO. 46; THENCE CONTINUING SOUTH 00 04'25" EAST 150.00 FEET ALONG THE WESTERLY LINE OF THAT ROAD DEEDED TO LANE COUNTY, OREGON, BY INSTRUMENT RECORDED JANUARY 12, 1967, CLERK'S FILE NO. 71908, LANE COUNTY OREGON RECORDS; THENCE SOUTH 890 55'35" WEST 150.00 FEET; THENCE NORTH 00 04'25" WEST 150.00 FEET; THENCE NORTH 890 55' 35" EAST 150.00 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON, MORE RECENTLY DESCRIBED AS LOT 2, BLOCK 2, PUERTA SUBDIVISION, AS PLATTED AND RECORDED IN VOLUME 53, PAGE 2, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY OREGON. LESS AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF SPRINGFIELD FOR ROADWAY RIGHT OF WAY PURPOSES. EXCEPTING THEREFROM THAT PORTION OF LAND DEDICATED TO THE PUBLIC AS DESCRIBED IN DEED RECORDED FEBRUARY 05, 2020 AS INSTRUMENT NO. 2020-005894. This page & only a partofa 2016 AL TAO Comnibrent for Title Iru ce &sued by HatAmerimn Title Incur m Corryeny. This Comnibrentis not valid ewthout the Notim; the Comm nt m Issue Policy,' the Cbm agent Conditiom; Shcadule A� Schedule 8, part I-Requlmn &; Schedule 8, Pan II{xrepbom Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivalive thereof) is restricted m ALTA licensees and ALTA members in good standing as of the date of use. NI other uses are prohibited. Reprinted under license from the American Land Title Association. P U E R T A 5 U B D I V 15 1 ON SEC. 22 T17 R 3 W W.M. LANE COUNTY, OREGON DEDICATION SURVEYORS AFF/DAVIT H Y ,f,:-!/nP•••• M„lees ve11 �L.. �z. 081, w .(n. rN R�rvts - F� ACKNOWLEDGEMENT q osEcaN � ', k +rn rc ov s s w b0 Lao C'✓e fY Perzny Ceenn: un �. d i � rrrq ^T tn. pv ig 0� •� a see y.es ,..�mo< a ;k d SURVEYORS AFF/DAVIT H Y ,f,:-!/nP•••• M„lees ve11 �L.. �z. APPRO(/AL5 .(n. rN R�rvts - r su w b0 Lao C'✓e fY Perzny Ceenn: un �. d i � rrrq ^T tn. pv 0� •� a see y.es ,..�mo< a ;k d W DE5CR/P7/0N F� h n a-.rvr-cNeszrw�� V:..lf n. airs a<+n 0 C Ill19266 1 wH APPRO(/AL5 .(n. rN R�rvts - r su Lao C'✓e fY Perzny Ceenn: un �. d i � rrrq ^T tn. 1690 AFTER RECORDING RETURN TO: Richard L. Larson JOHNSON, CLIFTON, LARSON At CORSON, P.C. 975 Oak Street, Suite 1050 Eugene, Oregon 97401 9sr-oz-aysy UNTIL A CHANGE IS REQUESTED MAIL ALL TAX STATEMENTS TO: Sunset Investments Limited Partnership P 0 Box 10667 Eugene, Oregon 97440 "mat RECORDING RETURN TO: (�81'�1'�2 Faep E ft.m.iNNr or ou DmIsm Noe = 8.26'95g0PAEC 15.00 .0...oeeraaa 's0MR.26' 98Ap2PFON0 10.00 NC FEE.26'95g02AdT FOND 20.00 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, That SUNSET INVESTMENT CO., hereinafter "Grantor," for the consideration hereinafter stated, does hereby remise, release, and quitclaim unto SUNSET INVESTMENTS LIMITED PARTNERSHIP, an Oregon limited partnership, hereinafter "Grantee", and unto Grantee's heirs, suc Lessors, and assigns all of Grantor's rights, title, and interest in that certain real property with the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, situated in the County of Lane, State of Oregon, described as follows: Legal description on attached Exhibit "A", consisting of 1 page. To have and to hold the same unto the said Grantee and Grantee's heirs, successors, and assigns forever. The true and actual consideration for conveyance is: contribution to limited partnership. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. QUITCLAIM DEED - Page 1 9tl1313G -In construing this deed„ where the context at requires, the singular includes the plural and all grammatical changes shall be made 6o that this deed shall apply equally to corporations and to individuals. IN WITNESS WHEREOF, the Grantor has executed this instrument this 25th day of February, 1998. SUNSET INVVESTMENT CC, BY,. Charaoo P. Laraon, Managing Partner GRANTOR STATE OF OREGON ) 66 County of Lane ) y On this 25th day of February, 1998, before me, 466EIA LFtLF157wo the undersigned Notary Public, personally appeared Charles F. Largon, personally known to me / proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal. assau.sASAUCEPotary Publac for Ore on ., tlRll ]Ao M Commission Expires: ]a�✓/Id No]IA", 9mn, Y f4AW55gN,p 09BdR Rramwrnuw¢sa]..iex QUITCLAIM DEED - Page 2 I ' 9813132 EXHIBIT "A" The tadmfased To'bsdd,Polity is desebed as fenews: Beginning at a 2 inch Roo pipe found marking the hddal point of PUERTA SyrBDI VISION, as planed and recorded inBook 53, Page 2I.= County OregonPlat Record; in Laos County, Oregon, said iallial point described as being South 613.80 fat and But 646.49 her gem the Norihwastcoeaofthe Wiliiam Stevens Donation Land Calm No. 46, Towesbip 17Scutb, Range 3 Westafthe Wthmelm MosMie; theme -South 85°55'35"Wartaloogthe iorthadyline oflot 1,Black1, in said PUERTA SUBDIVISION, 150.0 feet to afoued5/8 inch rte rod mer)�zigthe Norlhww mmwoflaid Lot 1; thence South 0o 04' 25"East a[odg the Westerly line ofsaid Lot 1 od the Eestalyright ofway tine of Gateway Street 300.0 tet m the Semhaly Southeancamaafsafd PUERTA SUBDIVISION; thence South 89' 55'35" Wastud0ngt1temast Southerly I'me afsild PUERTA SUBDIVISION 80.0 fat we 5/8 inch von rad and the Southeast tamer ofLot 2, Black 2, in said PUERTASUBDIVISION, end the True point ofbeg®ng affix, tracthencin describ4- tuna eominuiog along said mon Southerly Has Smth890 55' 35" West 150.0 het m a5/8 Toch frmred aM the Scuthwbn emerafsaid PUERTA SUBDIVISION; them North 0.04' 25"Wen along the Westerly line ofed PUERTA SUBDIVISION 277.15 feet ao a 5/8 inch iron rod set an the Southerly right ofway Ona efEast Belt Lt.. Road as said right ofway line was food to have been contaminated by the Oregon State Siigieway Deparseent thence South 83° 39.16"Wese alms said emumeatedright ofway line 236.36 fee to a found 3/8 inch iron and marked SERW 358:01; thee- contlnuins along said right ofway line North 89" 57' 14" Wess 28.44 fat to a 5/8 inch Ron it; thee. Southerly along the ue of a certain spial curve right (the fang chard ofwhich beam South 37' 30' 33" Went 4.87 feet) on the Easterly right of way line ofPEghway I-5 to apdint m the Westerly line ofsaid Willies Stmmn Demotion Lend Claim No. 46; theme South 0° 05'49" East along said line 498.31 feet to a 5/x, inch iron and hearing SouthT 04' 25"East 250,78 feet ed South 89° 55' 35" West 416.15 fee from the true point ofbegimivg; thence North 89" 55'35" East 416.15 feet to a point m said Westerly tiro of Gateway Street; thence Nath P 04' 25"West 250.78 feetm the true pointofbighaft.11 being in the Northwest quarter of Seedan22, Township 17 South, Range 3 West ofthe Wih mmeMa die,, in Sane Comty, Oregon. Stare of Oregon County of Lane — ere, 'n tya'i. in and fw Na ,u hueby insw,nent waa,we I orr m at Fin p p'98FEE26ax 9:13 aaai 238.717 Exhibit A tape Conry...... aecoms Page 1 of 1 tare Cou/ty�cien �annaan --- 4 Appendix 3 Tentative Plat v 2 i It UU C ■-1 In I I I I I I I I I� 4 OLD HWY 69 RANDY PAPE BELTLINE ----------------------- 131.47'— 104x5' — — — — g9947'22w— — — — ---------— 54azae 1sw- J EASEMENTTO ODOT FOR WAALLMAINTENANCL I\ \ I\ \\\\\ 14.00' EASEMENT FOR \ PUE PER PLAT OF I\ PUERTA SUBDIVISION 7/71 I\ I \ I\ \ I\ TAX LOT 17032220016001 \ 3.99 ACRES 1 _ I I \ I [41 — _ O.D.O.T RW ADJUSTED PROPERTY LINE PER EXCEPTION 2021-061809 I Naaoo•29w----=__-- I TAX LOT 1703222001300 0.50 ACRES N b �0 m PROPERTY D LINES TO BE I CO) ADJUSTED m NEU01'33w -m-I 10.00' 1.'59.92' s "I[ �33*E\ 1 11 _\ 10.00'EASEMENT FOR SANITARY SEWER TO CITY OF SPRINGFIED _ I I I I � I j I I rm— I 9 11 ------ ----7777-A I I- \10.00'x EASEMENTTT TO PACIFIC POWER _ 41aaz•! 4.0'x 15.00' EASEMENT FOR PACIFIC POWER ----------------- - — --- ----------I---- Ell - 1 40.00' HALF RC -- I — ------------------------------------- 4 3 i I I III ROW --.1 III I K E OREGON UTILITY NOTIFICATION CENTER 1-800-332-2344 LEGEND ATTENTION: OREGON LAW REQUIRES YOU TO FOLLOW RULES ADOPTED BY THE OREGON UTILITY NOTIFICATION CENTER. THOSE RULES ARE SET FORTH IN OAR 952-001-0010 THROUGH OAR 952-001-0090. YOU MAY OBTAIN COPIES OF THE RULES BY CALLING THE CENTER. (NOTE THE TELEPHONE NUMBER FOR THE OREGON UTILITY NOTIFICATION CENTER IS (503) 232-1987.) 1 1 PROPERTY LINE O DOT RW EASEMENT TAX LOT LINE OLD TAX LOT LINE CENTERLINE 30 0 30 60 SCALE IN FEET E o00� 0 o \\ po� Qo0 0 Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 R C B 40'6OOWL 720 SW Washington Street, #750 Portland, Oregon 97205 971-280-8641 FSR# 04987 REVISION SCHEDULE NO. DATE DESCRIPTION CIVIVS PROJECT M 10841.01 PRINTED FOR LAND USE DOCUMENTS DATE A12021 11/10 DRAWN BY JLG D ma iarcwaz mhmm�inai --- dalAfiles pmticcN fm abwenmeiprgW Z m Y^cl b<rcproLxiinanY marry rxtfiout G uprcsz vnllmarvabalcasml kom LU aHCnizel pmptl rcprcsWa4ves. LU SHEET o EXISTING "CONDITIONS (n SHEET NUMBER PLA1.0 _= 22.90' C t N i w In mm d4OIS 4 OLD HWY 69 RANDY PAPE BELTLINE m 104.55' _ - _ sJflZ°5131.47IN ' ------ - __81�-___-- S85°44 ------ EASEMENTTO I in� ODOT FOR WALL F, O) MAINTENANCE O. j1/ c\ N W fo r _ to u6lilo ZIP- ADJUSTED PR 18.03' TAX LOT 1703222001600 2.57 ACRES O.D.O.T RW I QP ER LINE PER EXCEPTION 2021-061809 I 14.00' EASEMENT.FORI/-N88'00'29"W PUE PER PLAT OF I 129.51' PUERTA SUBDIVISION I -- ------------------- I STOP \� I j I MM TAX LOT 17 01300 j 1.92 ACRES I III I III l0 _ 10.00'EASEMENT FOR SANITARY SEWER TO CITY OF SPRINGFIED PROPOSED PROPERTY LINE I S88°_00'57"E 272.28' - - - - EA 3 � I� ME N N ol- Z K LEGEND I� ID Cm G D I � CA m N88°01'33"W I 1m 11 10.00' I 40.00' j HALF ROW I 1EAE 15.00' 10.00'x 200'. ENT FOR EASEMENT TO POWER'ACIFIC POWER OREGON UTILITY -------- _ NOTIFICATION CENTER _E - - - - - - - - - - I 1-800-332-2344 4 1 3 1 2 ATTENTION: OREGON LAW REQUIRES YOU TO FOLLOW RULES ADOPTED BY THE OREGON UTILITY NOTIFICATION CENTER. THOSE RULES ARE SET FORTH IN OAR 952-001-0010 THROUGH OAR 952-001-0090. YOU MAY OBTAIN COPIES OF THE RULES BY CALLING THE CENTER. (NOTE THE TELEPHONE NUMBER FOR THE OREGON UTILITY NOTIFICATION CENTER IS (503) 232-1987.) 1 1 PROPERTY LINE O DOT RW EASEMENT TAX LOT LINE OLD TAX LOT LINE CENTERLINE 30 0 30 60 SCALE IH FEET R a W® oo�D 0 po� (700 Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 720 SW Washington Street, #750 Portland, Oregon 97205 971-280-8641 W Q C Q a J � 06 z 0 W Q'o d Uj'LL J^^ V B 2 IL V N FSR# 04987 REVISION SCHEDULE NO. DATE DESCRIPTION CIVIVS PROJECT M 14841.01 PRINTED FOR LAND USE DOCUMENTS DATE A12021 11/10 DRAWN BY JLG (n immi icacwaireacamse�iaai dal8 files praticcN fm abwenmeiprgW z mY^y be rcproLxiinanY mvrrl WlFaY G exPrezz vnllenarvnbalcmvnlim LU aHCnizel pmRtl rcprcsWa4ves. LN SHEET D ROPOSED "PLA CO SHEET NUMBER PLA2.0 _=