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Deed APPLICANT 11/3/2022
Found RK nal% j S. F>t�z7432 isB9 44'E% X829. 08J (J30.96') �59yG T Founo' P. K. na./ 5 Z6 /✓%✓-Corner Loi /iaGSFA'ZJ¢32�V- m 8 - B/ock 98 �Fn �sEf�00/ha/%� --��{� .//�4�es para//e. 89X4£ (/a��svzs/r c �1: - ; 223 = S89 %14 E � 'LoB,o27� 7/33" 532��"Qe� //9• �.�sa9 ¢¢238./8"yG O� \$e Tc. /3200 !♦J�� Q O. Q -N 7, A; / AQ; o sa9•S/ % 7" 3 FILED DEC 0 5 1991 COUNTYCIEW fOR lAlE OOIMTY Oq. BYj�• F ii.e. e ZZ3 // O. P- 3 3 737 •Sq. GEr,'ENL7 Sef S/B".r 30're/r�>a/-cir�9 /-oo�wi/h ye/%/v ,o/asfic caP sfamoea "LS /03¢ NDP✓UE.SS ` po Se�6odT�ai/ /vi/i5 6iass svasiiei stamped G S Dead afd or retold survey dg/a - – - � � Found brass cap P sfarn�d 'T EA" 5�B" /'C/n�rG//7�t ro d ,COnfrO/ Po/inf /6// set /i, /prior yi�cenf " Nanz7 i\C suruay 6y Krm �=/337�.553 V U/J/ESS of�7B✓'lniso 25 c+� �R• /879.86 -[L .sg2°ssL0E L.-32 701 Ic �cYJ6 U/lCl .\ , 77 3/ 3/" 2 ✓ie/N /vO' B3, 7', 8E' Easemer� a eec.7/6/g ^q b INOTE Sfy cit/eria /i� /✓1r< J� o�r�firi9 frdc� areas 9rar/fEo over /h/s Por/ i2 1 � of ,parte/% /t/�cBssary iaccess �� maiT/tt2iiarz'2 / on � //Jd ✓io'ua/ si��' sPeci�c /7dsis. ol� �'. `NF COUNTY SURVEYORSOFFICE IILF NU OZS �FI L INU��..rEl 914wP0172 L�tND ,drlRriTiorv.�ar.cio. mor!: �3QomQ�/9 iFound s� �v �Faund P, K, r/ai% � Fovnd 5/8 ""26ar /n N��v/sc �ou�d .i� C SF ,vz7ij3z fia✓eise ,PE'COrd / � OU7`7�ai True Po/i�/ 7, A; / AQ; o sa9•S/ % 7" 3 FILED DEC 0 5 1991 COUNTYCIEW fOR lAlE OOIMTY Oq. BYj�• F ii.e. e ZZ3 // O. P- 3 3 737 •Sq. GEr,'ENL7 Sef S/B".r 30're/r�>a/-cir�9 /-oo�wi/h ye/%/v ,o/asfic caP sfamoea "LS /03¢ NDP✓UE.SS ` po Se�6odT�ai/ /vi/i5 6iass svasiiei stamped G S Dead afd or retold survey dg/a - – - � � Found brass cap P sfarn�d 'T EA" 5�B" /'C/n�rG//7�t ro d ,COnfrO/ Po/inf /6// set /i, /prior yi�cenf " Nanz7 i\C suruay 6y Krm �=/337�.553 V U/J/ESS of�7B✓'lniso 25 c+� �R• /879.86 -[L .sg2°ssL0E L.-32 701 Ic �cYJ6 U/lCl .\ , 77 3/ 3/" 2 ✓ie/N /vO' B3, 7', 8E' Easemer� a eec.7/6/g ^q b INOTE Sfy cit/eria /i� /✓1r< J� o�r�firi9 frdc� areas 9rar/fEo over /h/s Por/ i2 1 � of ,parte/% /t/�cBssary iaccess �� maiT/tt2iiarz'2 / on � //Jd ✓io'ua/ si��' sPeci�c /7dsis. ol� �'. `NF COUNTY SURVEYORSOFFICE IILF NU OZS �FI L INU��..rEl 914wP0172 L�tND ,drlRriTiorv.�ar.cio. mor!: �3QomQ�/9 iFound s� �v �Faund P, K, r/ai% � Fovnd 5/8 ""26ar /n N��v/sc �ou�d .i� C SF ,vz7ij3z fia✓eise fra✓erse rCSF Al/ory Qa✓ec/ovcr and .427432% �d not Uncover N I J I My. y�i e 'U c P Q 0..53',4c. 0Q N r 93 �'ssio ��i/%c= G Sd6•� 4/E- 87./6' � 530 x{45 E'LF.�.dj 4/(,2g„ --' as homer of ca ✓as \\\ L - 9G.34 ��d�s is o�8 northC�y of C F Tp N/Cot->' of 3� —*�-� �'-��..•��000'en de�ordd/✓e fence I ti� `,� 92, o� ZON//V4': L orf Easf L/•qh/ me-"�.y /i2forc/r/y mod o%um /i7dusfiia/ �� vyiffi C,.fy 12 fa/d /1 esf sip sot ih s/de-�00/�6 3/ coo Bari /9 ✓`SBJ� Ke/%y %nixed �is� ds/ricf �J 3. oo ' from norf/ieas� cornet Nori�i sidF - Comrnur/iy �ommBr- /Pct'/ /3g/�/nsf � 8546ass /✓,4Q<1471(/Z-- T co / wiYh7/`iB conO or/a/aocra✓a/ cia/ frac/ o�roo/ d/oo/icab/E .3fd1t/fes re9ardi�9 �aTfifioris, >/>e dri�isior7 /res ire scire.�yed mow' /nor/Ume��eo/as EXLiC7' �� CE,2T/F/C.4T� �i/a Lem �rr�rssf,L�ia6y ccr�f f`ia� f�is /s arm sxacf cgoy o>e ><i� Viiia/�rffio.� maw �d stii�y for Gd�e/%s 511 Fau�d s/ /e/jar 3e/ /Il . S iI'Zii. i✓'r72F4e eile;W.7s 1Srd"TSE/,y�ivT SoU/'CEs ��r.7//nErl� /b SU�P!/EY QNl7 �(/2T/T/Oit/�(� Q s. or/ >h 3 frau Fo 2 C,4TELLUS /� f5Ls3 s/✓%4s�%4-� ss-Ti7s- P�/r /yr/ 6C;'— // /703353 -/TL. Z"G. /8cx30 �z/9er��, Ore o�9ygo2 ow.v�es: SF f�(G/F/c ,�,PO�E".f�TiES //✓c SU.P//EY GD�PET�Q .SDUTs'ERN TQC/F/G' T/P,4NSPOrP/SI7-/0/✓ �/o CATEGG US ✓UNE" //, /99/ 20/ mss/oN �T!-���T _5u�r><2S0 ATTENT/ON. i�ESG,p/f�T/Oil/. Bagr�nin9 a/ the in%rsec>iori of the souther/y ,iyh o{ quay /ire of y/a > S/rte/�eiix� a biro roars//e/r✓ifh '110/3300 �e/so�7f�r/y o/'ffiecerrf er/rr,� df/ercof�d�dlf� caste%/ ri9/i� o�syay /i>e oyTfiiid Sfree/�beir> ,Dara//e/ �i/h ar�d.3.� 00 /eef easf�r-/y o�rf� cerr�er/iref�ereaf� iii f/ie Cfy of S,oiir/y�ie%; Ore9or/,I fi/7or7Ce South O.3Z3re "!t%sf /ZO. Do fee/ a/or�9 /y% cash 1117& of Third S><rcef � a Poin21 ao a moire ,oaia//e/ rviffi and /20.00 feeisou//rer/y of fire sotifii 1191/ a/ way lig of,01-�1rirS{izw; /hence, Souf/2B9¢�Eas2/ X8,02 fees/a/airy saioroara//e//ire fo � ,00in>< on the .sau/i5sr�esfcr/y /ire or1/ra/ cBriaiir fi��Gonvey- ed /i2 14& peed ro n Soc 1f>ern aci a G am0any %the Oregon S/a>le /!q/'way �oarfinen / oa�ed4on/Z9, /9s2 and6er.>9 f/re socrfhei/y rroh/ of way /rie of /i5e rJ/%�r/zie �9fiwa/�; /JSerrce�, South-32°2J!'SJ`Easf 7/.33 f�'><a/on9 saioi.southsr�slei/y /ire /o a 600' na// A -111i was/>er 12iar,�ii�9 the /rV/2-14G ffier2ce, 362 D6 feet a/onq /rye arc of a cures fo ffie /eft haviny a raoius of �%.dJ �cf fo a %B"rsii>�rcri>9 roo/6�r irry Sou/%r SS /030 Eas r3 OB fee/ fromdesciifi- �,ctori7 ; erre&, rl/orf D°32'� Eases /9773 fee/ f a iror2 ,0112 se / on 755e a/z- In g 37. 9a feet c 71117- t/ir2qq a/orgy .sato/ o%dreafiorr gs rf �/%ws //>e arc af'a cG/rve /o fhe rr9hf /raving a raDvs of as oo fc�><fo a ,00ii7r/ wfJrG'%> bears Sour'/>' 42'SS D6 Eas/3 . 3 f�f 1%0172 fi5e /as/ dsscri' edpoirr/,- er>ce, �ou>f>O'sG/Z' �f=s>120%99 faey a/or2q said ded ca2riorr fo 1f2s n>osf saC2ii- Sd.33 feel to arr arrJC/e ooinf rr> tf� sou/h /ie �'saia 41�ca>ior> 1%ence, NrfrS 036/Z ids/ /7/3 def a/or>9 said dedca><iori fo an d�q e ,00rir &1&111; lfier7ce, GonveyBc,'/ /0 f/i' e C/y of sPrr���/d r%� ga;fc/aim ded recorded a/ ,Pee/ /3g/ham, /ns/rtiir>er>/ /I/ 8�6oss; /he/�ce, Qd5 06 fee/ a/on9 f/�e arc of a cur�2 0 /iie /efi/ haviry a rus o/ /8779/ fee% fo a point Orr lire wes/ rigqfif of way /ne of Sou/h Foorih Street rvfiic/i bears SoufS 1:5 J'Z/j8s//as/�scri6- E pour; cr>c� Soci1 O°o8' 3 `/�esr/ G6 Bz def a/129 salol ri h 'way /ire o a �oi� on t c rbr/h right of wa /� of B ".Sfresf• 111'&1&&, Sou1i5 B9°.si' mss/ /,rOr/f2 /ire B" s reef fo a ooin/ C5,17 re Das r9hf of way /r ce o" ThirdSyiee/; dhenca, /ifOrff7 0a/Ovy said right of way 91-P01?2 ZAAV PG.PT/T/ON PL.rlTis/O. SANE CUl1NTY SURVEYORS OFFICE cS FILE NO 30260 FILING DATE! ,57:47--`o� cQL/101,;P //,4 Orr /7749 1112& /o a chin/ Orr arice per/ Al h ano'/moo. OD feet - ' the Se�vrae = an� �Twwr Se sou.55er/y of f/re sovffi 119/11 o/' way /rire ofili,� ��i>- ed fo rrre lhaf z1E // hwa r`i7a/>cG' A/orfi/ 89° es/ 3-3 DO fee,/ e/>cG' /�Or/%r O'3Z:3ro'�as 0.00 fee a Porr/i Orr fire so z1e /�9hsia f/7orrcc� Sou>y7 89 ¢ 'East 1/988 �>< �f e d/orr9 saio�/i>e /o f/i-e /�ifia/ �ir>d 1i� Sroi-ir/��e/d, • /s f/ Lame Co�r�r� Ore9ori- car SUR�/EYORS LIFi�/D,G ✓/T � s/afB of Ori' Orr Courrrly of Larre � ss. /, Dau/a Lee�rriess, a �9%sf�rcd�rofessiorra/ L arrd <S�rucyo � do hereby c-er/rFy lhaf / ha✓e corre+cf/y sir✓eyed ar>o'//>ar>�iire�rry�r,oarce/s��a.�x�. z and .3 arrd recor�ersd corrrEi- mor>crr»err/s ds s�iovvvrr Orr fho a//ach d Pdr/` /or7 r7'Jap �sheef /of zJ, tau/a ee Nrr2e�s Su.6scri.6ed acrd sv�orrr /a before 12>e /iiis1� day o2C �j� f� /I/orY/7 d- X16 �.y-cas> /1 - 6'2 ree/ a/on9 7r7e socrirr 1112& Seo>1, /99/ �` ar e Ica .ore sirs e sou/i> /ire of ffia�sUr�y /"eCOYCJ/eC�a 1,/e /drre C -o �12f Sur✓eyors 1 11, U//de� Zbf92 �. 2669 7`o /fie soulheasf corner of'saidSor✓ey; 1h2r/ce, �r/f 2%3Q8'Easf 2/8 95;C -el d/0rry /he eas/ /ire of said sur✓e e /7o eas>< Corr7er 7/�rc• - y o,IJE�iCdT/ON• of Orr fie sotif/7gr/ riq h� � luay /ire of //ie Z%e yyhway; tfienca/o/7 Said r/ h>` of'1-va rr,2 �NOG�/ALL rYl2/V SFGaC-ifc F�ro�r>ics /roc., a corPora- q i fo da/ or anized arrd exisfir c user f/2e /eves of � >o/fowir/q coursos arid' ms's/ rrces: �I/. 9z f� d/or/q i' 9 q f/i-e arc o/ ep cc rv2 fo `/je rig fie✓r 2y a r es or ' the Sfdfe of _L�/aware and SoUI/em ��ifie Tans - /g79,86 >o a cel 2/v✓iich ars Soc 1h °06 ZO'Eas/_ Por/d Torr Comoar>y, du/y orgarrzedarrdex sfinq �1/ 92 f�f from lfie �asf oescii6�rPori7 rffe x49 sourf i BZ' under ffe taws of /he Sdfc of L�/aware are fho OB Earf 98.68 �C2f; lhencE, Soufh 80 °08 East' 99 2Z c� ; o�t'ners- of /fie above desGiibeor /rae>; 1f7af dfiey fherrce, Soci7`fi 79 °o6'Eas7` 99.7 fee ; /frE'rrce, Sou/r5 8 5B' caused f/>e -san>e >0 649 ,oarfifior/edas siiosvr>; Eas/ 628.65 & 5hc rrce, So u/h 79 58 Ed f 66.93 ee < :g/7o/ /hey hereby 'edea/e for7f2e P�rooses ii>o - lhence 96.3�f a/o�9 fie arc o d ccir✓e fo / e e f ca�eor /fie easemer�/s siiowr/ or tfre d73acfed havirq' a r�is ofS/59 58 �e/ fo a ooirr/ whicf boars Fdrlrtor r>do SovrEi58o`Z��tS'Eas/96.33 feet frorrr f/re �.s/o�'scri�<'c� /N GI//Til/Ess ///,1/E.P�O�-fi/ie corroord>io/rs %rave loin e rce Sou 80 S5 3D �asr/ 66-93 �� ffrerxPr caused f/rrs / 7s/rune f fo 6e exee/ifEnr on Souf/r 8/�55:30'Easf /6.Z8 four/ fo lf2e nor/firdas/coiner /heir 6o'ha/f �ur-s«�->/ f /15&11 6y -/avers ora res�- o>` a frac escri6edii7 ir�s�i�rr,�r�f recororec/a>l.Pee//o9, /u�orr ofif 6oaro' of diecfors. /r7sfrr/rr7Er>l1/�. �os¢o; fi5errce, /eaviirg said soU wes>�°rPlr - eNioK QG ,oerfcs /`..rte' i�I+�r - W 1 Sice �ot�l7 � Ac..irr�r 6eu9T*Ky 1r5e ariesf //ire o>l' ser /rdcf o f socit wE•s/ Goin- a� �deific T1'aresoor/ �'� Co�Iany er ffieraof err a /re amara'//e/ vvif� arod7S. oofoef �ri/> / � 2r/y of fire cer <er/rte of f/>e Sou ferry �o�cifc 7rdrs�r k r4a /afar Cornyary r»aii� /ire ffieree, South B°58Eas< VICE PKIPFIDEHT SECRETORY 1620. /D %/ a/Orro caro/ �i-d//e/ /i>e f a Poin Orr / e dC/CNOdYGEDCE/NENT E� 1111& of �� >C �dc�Gon�cyc�r /o are9orriaa �i/roao' STATE OFGpL/PORN/Q 2s.5. C., reGoro%o'O� o62r 7, /99ori7 �o/ume 25, o�r�' 223 /ane COUNTY FSANF C/SCOP Got/ny l�ecn�iPecords; f/rerxe, Souf/r o'Z "/G�sf /52592f Or> ti5e e / of , /99/ a i a/ory< aio Das / /i re fq a Dor D a ric nary//o/ lvif and are/ 75. GOe/ sov'i2i/y of Said �G i>fer/ >e - y<�rese /fiorl/i JB SB �sf /G2/. />�c>` d/Ong sai',oara/�f /%ire <v%tjr resoec�rre/y, of SO�TNEq„ �<,T.< T�,vs�+xrpvrcv GMtxq�iro a or/ /moi& 120r lire o ac Er>or/&Dyad fo rr>c� fhaf ffiey were /iia>�ssrvey recordoo d/ f% Lane Cocirrfy Sui✓eyors fisc /der>ficg/ persor> /ro execv /ed lfie avore �/ ze Order t/. 27718 ffience (/or/f /% oz East /S.Oo /i>s/rurr/errf on 649/a/o said corPor ar�ior� by �e/ fo air riorr Prh sc�f /irer�/r.,- ri5er2c�, NoifiS a s8' est as/hoi i y oii>'s' boart�' o� Oii'eGfors ar�o'1ho�t 9 �6elrry said exect/�or> /s f/2e err 6o.Oo�eey sourfi�r/v o/' sato' Ger/>`er/rre�ro a flee ger/ and deed ,Oori7>l- /ii-er7ce, �r/h 73 3G ;5s /�Z92%fd/or>9 ctr�_,sgi0' coGry rafi r> sa/d survey /i/e ar/d e r;o�/5 /i2e of 'fist fracf N,1 i�ob7rc .4PP.P40VAL and ,e Bc. fY/10 AGK/ they were fie execufe0'�e , 'Orr /✓-eha/f � s� �ril�i of irs boar 5af said' exec�i la�drlee�sr of •'�'.. ��IIF RI•��u S1N .p11NCUCO.:MiN'� Cfy Surveyor �� � r�•-- r%a�/7/7//l�C �ornrrlissior> Orrec/ori �b� FILED .. F amawm EI �LiCT Co0}� CECT/�/GLiTE ami/� Lee yrr�ss� hereby cert y /fiai this /s �r2 erac7/ copy of fhe fi>d/��7�ia-�/7ia� ain' survey f r C�2��//mss /i2 ,�t•.35 vq' O/ 02� saiv/ .//auo vie r✓49.W zve-57 1�/AI4 L PLI i2T/ T/OrV F0,2 C4TELL US /� 0385 TG.200�20¢ /x-0.3-35,3-/ TL./2y00�/✓DODO GY //Zo Lir/By 1,111/ iPo!, /10. s EG/C,ENE , �•4��jaN 97¢OZ 03� 3¢Q -/8Sz ss/EET 20F2 c%b 256/2 r 33 LAND PARTITION PLAT NUMBER 2003 -PO SSG �T PARTITION PLAT FOR LANE COUNTY SURVEYORS OFFICE '1J INV IO�T PACIFIC TIMER O !� D FILING'DA Eo j. REREPLAT OF PARCEL 1 OF LAND PARTITION PLAT No. 91-PO172 LaneCou of Deeds Deputy Clerk 2003.080934 PLAT I Lane County Deeds and Records S. 1/2, SEC. 35, T.17S., R.3V., W.M. 111111111$ 11111111111111111111111111111111 $6100 00477185200300809340010017 08/22/2003 02;02;41 PM SPRINGFIELD, LANE COUNTY, OREGON RPR -PART Cnt=1 Stn=8 CASHIER 05 wECQtilJEf3 $40.00 $10.00 $11.00 GRA S CAP TIE QATE: 7. a f 2oa3 � pBRASS CAP STAMPED "DEA" JULY 31, 2003 CohTY °=R±' E / �ON7ROL POAD x�7^ C/] * VINCENT" NAD 27 N=877219.032 SCALE\ E=1337884.553 1 =100$ 1^0f SET 5�8"x30" REBAR VY RED PLASTIC CAP : !' ARKED "REF MON BHE" - 2.0 FEET SOUTHERLY, ON LINE qj L SOUTH 'A' STREET (00 rOOT RIV) RIGHT -DF I, y / S 89%44'00" E VARIESwr Oy4 86.88* DELTA=44.4202"*0) �2+% FND 60d NAIL RADIUS --496.07 '4 ? R v W/ WASHER ARC --387.02 �l" [::70.00 INITIAL POINT BEARING=S 56'3659" E p h _ _ LAND PARTITION ORD=377.28 p I 0jp `2/4Q' =n p� �� _ *(2) PLAT No. 91-POI72 p t v/ t f t 4 Q Sof , R=5759.58 PARCEL 1 �ti I t �y I 3 d Lc S` o* i'4D" E 1Lb 4 89294 SR E t �y Q @� FOOT 46.33 03672 E // �4> 5 8215'25+ ©TAL 52'PO �7g5800+£23573 17.13*p N 87:6'38" E 348.48*(2) _IRON5f20D (2) v FND 5/8" f4: (3) ° IRON ROD (2) S 6373 �=631'05' R=1159.57 (?)-� 9227*(2) $FND Sl8' 230.66 *(2) B S. S 783@22+ ._ _ 8055• A=818'07" _ y L=3@3.47 IRON 'ROc (I) 1 S £ 3@�/ W N 66.93 (� £ R=24.87 R-6.00.00 Lc=S 8T4159" W Ci 0 p -14*(2) L=134.01 L=147.89 381.72 0.42 SOUTH 4+ LC=N 8111'31' ty Lc --S 7458'00' Vy 25.00 0.18 WEST j B j 16t FND 5/8" iy0 O e of 133.89 147.81 120' r' S ' IRON ROD (2) S „`o� SE 5`8 x30' REBAR u ��/ PARCEL S 026'06" 1% 78'5@'02• a ,o• o �' N v VYj RtD PLASTIC CAP (( EENN''S� 40.00*(2) X00 £ N O o 510 SP u5 ,N 78 0 FEEEDT "REF MON , N UNE 4' N 137766 CRESS IPROPROSEb) FND 518" 785800"f 23,45*(1j N 8626'QO'FE) _ (3+TY y EXISTING RAILROAD >5• UNSURVEYED RREMAINDER IRON OD (2) ) Z 3 Cl3JiERUNE RIGHT-OF-WAY 4 gJSS>"Jy •�� 184,80*(2) S 010 HEREON !y DEDICATED **(j IRON SROD (2) 86-26'000 lY 193.60* (3 66.82**(Q=14'4759'**Q) 00490ACRES FT 5//8" 785860• R=1877.91 2,153 SO. F7 IRON kOD (3) S 8951'17' W 273.65*") Lc-� �� TS" E N 7858'00' ly /43!.70.... _. 5 S 7858'00" E 1618.9**(3) LEGEND OO FOUND MONUMENT AS NOTED SET 5/8' X 30" REBAR W/ YELLOW PLAS7IC 0 CAP MARKED '8 LZHISER HUBBA% UNLESS OTHERWISE NOTED 0 COMPUTED POINT, N07HING FOUND NOR SET DENOTES MEASURED BEARINGS AND * RECORD EFROM REFERENCE DATA OF DENOTES RECORD INFORMATION (X) 5K* ACCEPTED AND INCORPORATED HEEREIN A / DENOTES UNE NOT TO SCALE (III ALL DISTANCES SHOWN ARE IN FEET INDEX PAGE I BOUNDARY INFORMATION PAGE 2 PARCEL DETAILS PAGE 3 NARRATIVE, CERTIFICATE, DECLARATION, APPROVALS Planer. HP3500CPDaign3el Ink: IIPCI892AInk Film: CwfinmWMyIm RC4M2 _NOTES: EASEMENTS: EASE E, NTS: REFERENCES: ONO BUILDING, STRUCTURE, TREE$ SHRUBBERY PARCEL I IS SUBJECT TO THE FOLLOWING THE RIGHT-OF-WAY DEDICATION FOR 1) LAND PARTITION PLAT No. 91-POI72 OR OTHER OBSTRUCTION MAY BE PLACED EASEMENTS (NOT SHOWN): SOUTH 5th STREET IS SUBJECT TO THE LANE COUNTY PLAT RECORDS N 11172'00' IN A PUBLIC UTILITY EASEMENT. FOLLOWING EASEMENT (NOT SHOVSN) : BY PAULA LEE NORNESS, DATED 15.00=kScQ) 2)PARCEL I IS SUBJECT TO RIPARIAN AREA ()EASEMENTS IF ANY LYING WITHIN THE FORMER RAILROAD NIGHT-O�-WAY. (NONE HAVE BEEN 1) AGREEMENT RECORDED OCTOBER 31 1996 AT 12/19/91 FILED AS COUNTY SURVEY FILE No. 30259 & 30260, LANE PROTECTION AND ENHANCEMENT IDENTIFIED) REEL 2231R RECEPTION No. 96-73'568, LANE COUNTY OFFICIAL RECORDS. REQUIREMENTS AS OUTLINED IN LAND COUNTY 01'FICIAL RECORDS. 11392DAND DECISIONS, 2003 00009 RC 2002- 2)AT REELE223ERC REDCEP77ONT No. 931 1`/3368 2) SURVEY BY PAULA LEE NORNESS, DATED LANE COUNTY OFFICIAL RECORDS. WILL 12/23/98, FILED AS COUNTY SURVEY FILE 3)DEVELOPMENT OF PARCEL I IS SUBJECT BE REPLACED BY A 24 FOOT PUBLIC SERER PARCEL 2 IS SUBJECT TO THE FOLLOWING No. 35612, LANE COUNTY OFFICIAL RECORDS. TO THE CREATION OF THOSE EASEMENTS EASEMENT. 4)PARCEL IIS SUBJECT TO AN AGREEMENT TO PROVIDE A PUBLIC ACCESS EASEMENT FOR A FUTURE S,DEWALKIBIKE PATH CONNECTION TO THE MILL RACE AND ABANDONED RAILROAD BRIDGE. 5)T 4E EXCEPTION (INDENTURE) RECORDED MARCH 17, 1928, BOOK 155 PAGE 625 RECEP71ON No. 88522 IN EHE OFFICIAL RECORDS OF LANE COUNTY, OREGON LIES NOW WITHIN THE RIGHT-OF-WAY OF SOUTH A' STREET. LE EASEMENTS (NOT SHOWN) : 3) SURVEY BY DAVID L BROVIN, DATED DRAIN 3)RIGHTS ACCRUING TO THE WOOD STAVE DRAIN AND PRIVATE SANITARY LINE SHOWN ON ')EASEMENTS, 1F ANY, LYING WITHIN THE FORMER 10/20/95, FILED AS COUNTY SURVEY FILE THE RECORDED PARTITION PLAT LPPN 91-POI72, RAILROAD RIGHT-OF-WAY No. 33118, LANE COUNTY OFFICIAL RECORDS. A 14 FOOT STORM DRAIN EASEMENT WILL BE DEDICATED HAS BEEN AB DONED AND LIES WITHIN 2)RECEPTION No 3319 OFCTHE LAN COUNTY THE 24 FOOT PUBLIC SEWER EASEMENT TO BE OFFICIAL RECORDS, DEDICATED. REGISTERED 3)AGREEMENT RECORDED OCTOBER 31 1996 AT PROFESSIONAL COUNTY 0 CALERECORDS 96-73368, LANE LAND (JASURVEYOR 4)7 FOOT PUBLIC U77UTY EASEMENT AS SHOWN ON THE RECORDED PLAT, LPPN 91-P0172. OREGON JULY 30. 1976 CLELL GOODWIN 1078 EXPIRES JUNE 30, 2005 PROJECT No. 212701 DWG. No. 212701FPP GRD LAND PARTITION PLAT NUMBER OC -0 0 698 PARTITION PLAT FOR UNION PA CIFIC RAI t ,R OA11./ REPLAT OF PARCEL 1 OF LAND PARTITION PLAT No. 91-PO172 S. 112, SEC. 35, T.17S", R.317., 17.11. SPRINGFIELD, LANE COUNTY, OREGON °^' COUN ., SOUTH 'A' STREET (60 FOOT R/TT) S 86 44'00" E 88*Q JN RHE" 12.5 FOOT PUBLIC 0 FEET ACCESS EASEMENT ITHRLY ON LINE DEDICATED HEREON ON /NE UTILITY EASEMENT PER LAND N PARTITION PLAT No. 91-0172 LANE COUNTY OAFICIAL PLAT RECORDS. PUBLIC SEWER EASEMENT TO BE DEDICATED BY SEPARATE DOCUMENT (SEE NOTE 3) 24 FEET \ - i JULY 319 2003 SCALE 1 "=100' E-4 -- --- RIGHT-OF-WAY VARVES I A=44-42-02-* (I) I I I R=496.07 Lc 37628 59" E l��Oc1 I I 1 .tv RY: I PUBLIC WATERLINEI Ind I �q EASEMENT TO 7DOCUMENT 1Qj DEDICATED BY SEPARATE f x \ \ (SEE NOTE 3) I 1 \ \ (APPROXIMATE LOCATION OF 1 \ EXISTING 14 FOOT STORM (SEWER EASEMENT AS 24 SHOWN ON LAND PART711ON PLAT No. M cy PARCEL i J \ \ 91-P0172, LANE COUNTY \ \ OFFICIAL PLAT RECORDS ,I S 7858'00" E 2.050 ACRES \ \ \ \ I I (NOT LOCATABLE) / / i 1 50.32 z 89294 SQ. FT. \ \ 0-.36-12- E \ I RIGHT-OF-WAY N17.13 \ S DEDICATED OJ 0=818'07" R=924.87 L=134.01 Lc=N 8111'31" IV 133.89 _ '8' HERE( 14 FOOT STORM SEWERq�* �l " f EASEMENT TO BE DEDICATED \ BY SEPARATE DOCUMENT\ 7' PUBLIC UTILITY EASEMENT (SEE NOTE 3)\i \ \_ 1 DEDICATED HEREON -� VARIES ' \ \ VARIABLE WIDTH 25.00 + i PUBLIC SEWER EASEMENT S 036'12" F! TO BE DEDICATED 28.88 25.00 BY SEPARATE DOCUMENT SP / i `U p. R. R. -� SET 5/8"x30" REBAR W/ RED PLASTIC CAP MARKED "REF MON BHE" 1.0 FEET A=1528'34" NORTHERLY, ON LINE �=631'05" R=1159.57 L=313.21 R=1300.00 LC=S 85 57 50" IV LEGEND L=147.89 312.26 Lc=S 745800" IV O FOUND MONUMENT AS NOTED 147.81 SET 5/B" X 30" REBAR 1Y/ YELLOW PLASTIC ® CAP MARRED "BALZHISER HUBBARD" UNLESS OTHER117SE NOTED o COMPUTED POINT, NOTHING FOUND NOR SET DENOTES MEASURED BEARINGS AND * DISTANCES ECORD FROM REEF ENCE (Xj 7A OF ALL DISTANCES SHOI11V ARE IN FEET LANE COUNTY SURVEYORS OFFICE C.S. FILE No. -a a I Ly iL FILING DATE;6 Aa Division of Chief Deputy Clerk 2003.080931 Lane County Deeds and Records IIIIIII11111 II1111111111111111111111111111111 $61.00 00477185200300809340010017 RPR-PARTCnt=1 Stn=8 CASHIER 0053 04:02;41 PM 1 $40.00 $10.00 $11.00 L, -- STATE 917Y 126 I i 1 R/W 1 70.00 I I I I !1 I 1 I I I I I IN 87'4639" E 1 ACRES I I >S 43 83 " I'/ JQ. FT. I HIGHWAY EASEMENT 50.00 1 RECEP77ON No.R9861268D �-RECORDED JULY 6, 1965 fes- 120' Sp I t 0=32818" R=1159.57 I 70.26 Lc=S 8433'45" E REGISTERED 70.25 r PROFESSIONAL LAND SURVEYOR OREGON JULY 30. 1976 CLELL GOODWIN 1078 EXPIRES JUNE 30, 2005 PROJECT No. 212701 Pbnu: fIP 350pCP Design J3dDWG. No. 212701FPP Ink: DWG. Film: C-IiComine--nml MyIa JYC 4M2 LAND PARTITION PLAT NUMBER [4111 UQ -ICU C PARTITION PLAT FOR LANE COUNTY SURVEYORS OFFICE UNION A CIFI C -RAILROAD"" FILING FILE OATS 2 —Af4 -" REPLAT OF PARCEL 1 OF LAND PARTITION PLAT No S. 1/2, SEC. 35, T.17S., R.3W., TY M. SPRINGFIELD, LANE COUNTY, OREGON JULY 31, 2003 NARRATIVE SURVEYOR'S CERTIFICATE 1, CLELL G00097M, A REGISTERED PROFESSIONAL LAND SURVEYOR, BEING DULY SWORN ON 4WTH PROP RYMONUMENTS PARCEL I OF ETCHEE FOLLOWWG DESCRIBED PLAT. - (PARCEL 2 UNSURVEYED) TAX MAP 17-03-35-31 TAX LOT 13400 DECLARATION TONY K. LOVV ASSISTANT ECRETARY GENERAL MANAGER, REAL ESTATE ACKNOWLEDGEMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) INSTRUMENT. WT S MY HAND AND OFFICIAL SEAL C61cft91 LKABY-StySaf Nchsak� �GY -4 D, L OL'Rq�AF fA1 Ccr,.n. ers.Oss Pp ZJC9 NOTAR PUBLIC APPROVALS C1 O,�F SPRINGFIELD: MANAGER b- DATE CITY SURVEYOR �. COUNTY:LANE / i / COUNTY (R L)/ , 91-P0172 IIECORDED s.,Tc:2 tiAz 2003 CpUMT CLERK Division of Chief Deputy Clerk 003.080939 Lane County Deeds and Records �IIII IIIIT llllllllllllliIII 1111111[111111111111 $61,00 00477185200300809340010017 08/22/2003 02:02:41 PM RPR -PART Cnt=1 Stn_0 CASHIER 05 $40.00 $10.00 $11.00 WATER RIGHTS STATEMENT ACCORDING TO THE STATE WATER RESOURCES DEPARTMENT, NO RIGHTS EXIST ON THIS TRACT. SOLAR STATEMENT THERE ARE NO APPLICABLE SOLAR ACCESS STANDARDS 1N BOOTH KELLEY OR COMMUNITY COMMERCIAL ZONES ZONING CLASSIFICATION MUC - METRO PLAN & DOWNTOWN REFINEMENT PLAN BKMU - BOOTH -KELLY MIXED USE DISTRICT OWNER & PARTITIONER UNION PACIFIC 1800 FARNHAM STREET OMAHA, NEBRASKA 68102 SURVEYOR CLELL GOODWIN BALZHISER & HUBBARD ENGINEERS 975 LINCOLN ST. EUGENE, OR. 97401 (541) 685-8478 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 30, 1976 CLELL GOODWIN 1078 EXPIRES JUNE 30, 2005 (91) 1"75.111 (541) W501 PROJECT No. 212701 OWG. No. 212701FPP GRD name urnuoeruevgn let Fill HPwmewa[M Film: Cnntlnemal Mydar IPC AM2 AFTGR RECORDING RETURN TO: CASCADE TITLE COMPANY 811 WILLAMETTE ST., EUGENE, OR 97401 CD C -n) �5T)01(0(�' �Ao AFTER RECORDING �j,URN r1,0: Patricia L. C:`hapxnan Cil eaves Swearingen L I... I' 975 O ik Street. Suite 800 11.u�ene, Ore o -on 97401 Lane County Clerk Lane County Deeds and Records r� w OR: '� 2018.001100 01/12/2018 091823'954 RM RPR -DEED Ont=1 St.n=9 CASHIER 11 $25.00 $11.00 $21.00 $10.00 011E(.SON Sri'ATUTORY SPECIAL WARRANTY DEED I�11NI)ALL, DEVFII.C)I-)M1 NrF GROU.11, I�.I-�.�., an Oregon limited liability company. Grantor., conveys and specially warrants to KARL)"I KO, LLC, an Oregon limited liability company, Grantee, the real property more particularly described on Flxhibit A attached hereto, 1. ree of C11C 1r11brarices created or suttered by the Clrantor except as set-10rth on Elxhibit B attached hereto. The true: consideration Loi- this conveyance is $1,250,000. Until a change is requested, all tax statements are to be sant to the following address.- rl'ax Accowit Numbers: 1662673 and 1662665 I3LF~ -)RI. SIGNING" OR��C�C'LaPrI�IN I '1,11.15 INSTR[_JMENZ�. THI"" PI.RSON TI�ANSFERRI.NG FEE T1.1'1. -..E SIJOULD I.NOUIRI� ABOL... JT r.1111L I'I�RSOVS RIC-1IIFES4 IF ANY, LJND1-1R [)RS 195. W 195.301 AND C HA PTE" R 4/"24 OREGON I.AW INS'FRL_1M1�N"I} INSTRLJMENT [)RI; (( Nj I / W%4 2007 195.305 TO 195.3-36 ANIS SISC 1 S1- C S 2 ri`(-) 9 AND 17_ TIONS 5To II C1IAPrFUR 95"-), S 2009, AND SECTIONS 2 TO 7, C -1IA.PTI1R S, 0R.EGON I,AWS ?010. "T141S DOES NC)rl' Al. -,LOW USF C)Ii rI,LI 4 PROPF,RrI,Y DFSC_`RI13.ED IN rI�HIS IN VIOLATION OF APPLICAI3I-jE LAND USF LAWS ANI.-) RF�CILJI,ArI,IC�NS. BEFORE SI NINC� OR ACCEPTING eI7HIS IN rI�RUM�.N�I}, TI -1I. PERSON ACQUIRING FL.I1 TITLE TO TIE PfZOI'LRrI,Y SI1OUl:i) CHECK �Ni]441 TIIL AI'I'R[)I'RIA"1,F; �'IrIryY )I COUN PLANNING I)I_sI'AR"1,I1�Il-1N'l rl,C:) VI�I�II{ Y rI-'HAT rIJHE LJNFF OF DANE) BEING FI"RANSFFR.RFI) IS A I...,AWFUI-1I.-.Y ESTABI-]SHED LOT OR PARC,F L, AS DEFINED IN ORS 02.010 CSR 215.010. rI�C) VERIFY THE AI'PR-OVED USES [ Ii IIIS LUr1� �R I'AI�C_`I=:I�� "1. � L�LrTI RMINI� ANY LIMIrFS ON L;� 'SL1IrI�5 f'�L'AINST FARMING' OR I�[�I�F�SrI, I'I�AC�rI�IC:1: 1 g.5 wo, 195.301 AND 19'"'530,45 "I'lo 195. X36 AND S1.CTIONS OREG"ON LAWS 2007, SECTIONS L TO 9 AND 17, C HAPrF I.. -.'R 1 1 N t.. S A_s �-' r , N , �� �, \�-� 1.... LPr. ' 1 lJ R �_� 1 JGN 1l 1 LI �l l� Srl'A'Ftt d OF OREGON C o utity off -,ane 5 TO 11, CHAPTER 412-4. 85,-")-, O1.REG' `JN LJ1 f.WS 2009, KENDALL DEVELOPMENT GROUP, LL.C,, an Orego By: united liabili C( David E. Ble�7ett, Mana()er The foregoing instrLI111e11t was acknowledged before nye this 10 by David I . Blewat, Manager of Kendall DeveloPinent �jroupw t..I_:.C. OFFICIAL STAMP CHRISTIE DAWN WITHAM MY COMM NOTARY PUBLIC -OREGON COMMISSION NO. 963377 ISSION EXPIRES JUNE 12, 2021 y' day of J anuCtry, "' 018 Notary Public or Oregon OREGON S"I`A"I'U'l- 7RY SPI.,L'IAL WARIZANJ'Y DLF,,D Pa�c 2 of 2 n EXHIBIT A PROPERTY DRSr,-.1RTPF--1-'10N P-AhCEL 21 W r e 'Y••. r�L r ` ti, .Yl r�' jr- r� cl j' ^y 1Ai t, r^a }{�l (D 'jr � v! Lei W t :_~ .D .J.- ri ` _J.- :-,1 f P a .a..' , ._._ :o f i� a ri ria 1.... L..! i a ..... i i..i i l w [ _ i �% L �-.! L. L ..i ..f.. F4i ,_.. w� 1... k^ . �. �. Lam, \ ] yy, .f- •� - r, .� - 3 } r- �^- r -Y 'Y� {... Y♦ ° 7 rti.. p r - ;•� ..... 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C� � �. �? � " �7 � � � �� t .� � � � ` C: �� � � ` :� : �:�.: t � ...... r� � f �:� t. LJ � r` •� r^ -r r the _. ��t ��es;��i �d F)oi �; _h�nC-1r�� ,i:.��th 8� 08' � " ��: fi ��� . 6� f��et r�t.ir�ui�iL� �1�,r�tf r -•, r r �a ] :1' ... Et i- 7 .r." ^v •'•♦ t, `t� y , r• y yj •�. Y 's . ! r •. si y-� �•• yF r ] ♦ r• �E .y^, •;... r .^v i^� '^� �� E i^ L�.} i w_I L -i \ ♦: ! .� C.. ..1. . \.. ': 1 \rl ? i.ri _.t._ \�L 1 L.�+ 1 L �J i'r:f :_.c �/� ,...L. r L.- o a �� �./ _.i.. t.. r �.� �... n c \... ' i..) o/ � 1 8 V 0 `. � � C t � ++--�--++ a s t .1 A . t. 1� � �:�� 1 .r1S4 � i l \I rti amine ;nd said rig!-;t-� �-..f�c�� 1ine t f-, a po, i ; t �����:�, Sol s rti r••y C , r•, r' �.0 ,-t p01111_ . I `.�� n e >S'c.,uth 8 58 ' 00 East � • ' . 0 timet- t -� -rn - PC, -1 _begim irlgr i__ a.!r, ra 1 \� a , Lj a n iii 1 y , 0 ..r L) Tl . i f ! Y \.J L� s ' i� I w�! _ .�.. r F_� T ' .J r {-- ~ ��-♦y L L� �_ L .• ..i ..i �.A :J •r " f i Uj F-1. ;__,f r .t .l L C..7. • . e�.� L. t.A „ .;. t..- "J t .. .. .Z... .s.. J� c:.�. . �' +..r o :A.. s-� Exhibit A Page 1 EXHIBIT' B Exceptions 1. Rights of the public to any portion of'the Land lying within the area conznionly known as South "A" Street (McKenzie Highway). ase � tints, nates, con.ditic ns, restrictions, and spur tracks as shown, set forth, and/or 1 delineated on the recorded Plat of Land Partition Flat. No. 91-1'017?, [fled Dec:eniber 1991, l _,ane C_ OLInty Official Records. 3. F:%asenient Agreement, ilI lciding dice tcrnis and provisions thereof; between SocIthern I'ac;i f is Transportation Conipany. a Delaware Corporation., Grantor, and the City of. Springfield, recorded October 31, 1996. Reception No. 1996-07-')'-168, Lane County official Records. 4. li;LIsel-nent's) for the Purposed s) shown below and rights incidental thereto, as cyranted ill a dOCLIIIIent: Granted to: P rpose: I�ecord ing Date: I�ecor i ng N o : Reconstruc:tIon Finance Water and sewer line Noven-iber 30, 1.951 61683 r ' Corporation 5. Limited access to and from. the Land as set I' rth in Decd shown below, which pro that there shall be no right of eascinent or right of access to, frons or across the I lighway ether than as expressly provided for in said Deed: . rantor: Grantee: Ikecorelin- Irate: Recording No.: vides State Southern Pacific C'onipany, a corporation o 'the State of Del..iiw-ince State of Oregon, by and through its Mate Highway Con-inlission r IIIay 9, 953 4968 6. Matters contained in that certain doctInw,�,nt Entitled: I)ated: I'xec:ute y: Recording Date: Recording No.: Agreenie nt Novernber 1, 1945 Southern Pacific: Company, a corporation, its successors assigns and Reconstruction 1, inance Corporation, a corporation Deceinber ?2, 1951 633?3 IWerenee is hereby made to said document for full particulars. and P A G F` 1 7. kasernent(s) 16r the purpose(s) shown below and rights incidental thereto as delineatcd or as offered dor dedication, on the map of said tract/plat; PUI`pose: Public; t_Jtility Fasenient and Storm Sewer Fasen-lent Reservation, exception or ether severance of minerals, contained in or disclosed by w lnstrUMCIA, In few or of: S1' Paclilc Properties Inc., a corporation duly organized and. e xistina under the laws cif the Mate of Delaware Reservation ol`: all minerals and mineral rights, interests, and royalties, HICIUdino wvit110ut limiting the generality thereof; oil, gas, and other hydrocarbon substances, as well as metallic or ether solid niincrals Recording Date: I)ccembc:r 2 , 1991 Recording No.: 91-61914 9. Minerals and mineral rights as reserved by SF, Pacific Properties, Inc., in deed recorded December 23, 1991, Reception No. 1991-061914, and deed recorded December 30, 199 , Reception No. 1998..104003, Lane County Official Records. 10. Matters contained in that certain document Intltled: Agreement Dated: October 9, 1996 1 Ac:cuted by: Southern Pacific Transportation Com and the City of Spring.Iield Recording bate: October 31, 1996 Recording, No: 1996-73368 pang, a I.)elawarc corporation Which provides for, amino ether things: Sewer pipe; line and maintenance, R.6crence is hereby made to said doCUment for full particulars. l ] . An Ordinance Approving the Springfield Downtown turban Renewal flan and Report, including the terms and provisions thereof; City of Sprinuileld Ordinance; No. 6210. by instrument recorded December 7, '1007, Reception No. 2007-081042, Lane `c�c►nty Deeds C"tild Records. 1 ?. Easement Deed by Court Order in Settlement of Landowner Action, incluC. Ino the terms and provisions thereof, recorded September I2, 2013, Reception No. 2013-0495,53., Dane County Deeds and. Records. 13. l .asements, if any, lying within the fiormer Railroad Right -of Way. Lxiiii3[l' B f i ") RECORD OF SURVEY OF A PORTION OF PARCEL 1 AND ALL OF PARCEL 2, LAND PARTITION PLAT 91-PO172 LOCATED IN THE SOUTHEAST AND SOUTHWEST 1/4 OF SECTION 35 TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN CITY OF SPRINGFIELD, LANE COUNTY, OREGON FIELD SURVEYED: 27 MAY 2020 THE PURPOSE OF THIS SURVEY IS RESOLVE AND MONUMENT THAT TRACT OF LAND DESCRIBED IN DEED TO KAROTKO LLC, RECORDED AS DOCUMENT NO. - 2018-001700, LANE COUNTY DEED RECORDS. THIS OUTBOUND SURVEY IS IN PREPARATION FOR A FUTURE SUBDIVISION OF THE PROPERTY SHOWN HEREON. FOUND MONUMENT AS NOTED LANE COUNTY SURVEYORS OFFICE CSF NU. U5(Z�00 FILE DATFZ5JEPTZO C SET 11/8• BRASS DISC ON MAY 27, 2020 Q THE PURPOSE OF THIS SURVEY IS RESOLVE AND MONUMENT THAT TRACT OF LAND DESCRIBED IN DEED TO KAROTKO LLC, RECORDED AS DOCUMENT NO. - 2018-001700, LANE COUNTY DEED RECORDS. THIS OUTBOUND SURVEY IS IN PREPARATION FOR A FUTURE SUBDIVISION OF THE PROPERTY SHOWN HEREON. S 87.46136" W 230.65' (R2) •8• S 97-16'38'W 230.66' (Rl) 'B' FOUND 5/8" IRON ROD WITH 5B]°41'46"W 230.65' YELLOW PLASTIC CAP"NORNESS FOUND 5/8" IRON ROD LS 1034" SET IN CSF 30259 CAP ILLEGWPLATIN Q $ STIC FOUND MAG NAIL+SHINER"ILLEGIBLE" N;°SR'Op"W 38214 (R1)(R2 (HELD) WITH CSF "ILLEGIBLE" Q 69 NO REFERENCE 9.02.BAS 52^ ) 5 25°24'44" W, 0.37' T�3 Q1 PER OREGONCOORO/FBEA 871q' •L" (OCRS)E El6R NENCE SYSTEM J. N 0'28'06" E 40.00' (111)(112) N 00°23'14• E 40.00' FOUND 5/8" IRON ROD WITH — ORANGE PLASTIC CAP "ILLEGIBLE" SET IN CSF 35612 (HELD) REGISTERED z CSF 30259 00 3 579.58'00" �$ 51.09' (R3f E N 86.02'41" W 287.16'(R3) N N 86°07'33" W•�+ 287.16' y FOUND 5/8" IRON ROD HELD ON EAST LINE N 10°57'08" E FOUND 5/8" IRON ROD WITH 2.92' OF TRUE CORNER SET IN ORANGE PLASTIC CAP "ILLEGIBLE" CSF 30259 SET IN CSF 35612 (HELD) 578.58'00^E 213.45'(RS)(R2) N 79V 2"w 213.45' PProb 51 p1 GEND: 'H' 586.26'00"W 184.RD(R1)(R2) / 58621'08" W 184.80' FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP "ILLEGIBLE" SET IN CSF 35612(HELD) 0 FOUND MONUMENT AS NOTED 0 SET 11/8• BRASS DISC ON MAY 27, 2020 Q SET 5/8" X 30" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED "KPFF INC" ON MAY 27, 2020 ORIGIN OF MONUMENT THE BASIS OF BEARINGS FOR THIS SURVEY IS THE OREGON COORDINATE DENOTED RECORD DATA FROM REFERENCES BELOW CSF COUNTY SURVEY FILE NUMBER, LANE COUNTY SURVEY RECORDS REFERENCE SYSTEM (OCRS), EUGENE ZONE. THE RESULTANT BEARING BETWEEN MONUMENTS T AND W IS NORTH 79'02'52" WEST. ASS CAP AS A REFERENCE MONUMENT, NORTH OF THE TRUE CORNER, ON THE RLY PROPERTY LINE DUE TO CATCH PARCEL I OF SAID TRACT WAS ESTABLISHED AS PARCEL 2 OF LAND PARTITION AT ACFUAL LOCATION PLAT 91-PU372 (C.S.F.#30259) HOLDING MONUMENTS'A','B', AND AND 8'56" E, 3.00' RECORD INFORMATION ON SAID PARTITION PLAT. THE WESTERLY AND NORTHERLY LINE OF PARCEL 2 OF SAID TRACT WAS 582°33'52'E ESTABLISHED HOLDING MONUMENTS'L','A','B','C,'D','E'AND RECORD 9&68'INFORMATION AS SHOWN ON C.S.F.#35612. I—N 18]98fi �, E98.68'(R2)(R3)580°Og•�� ^ 9922' THEEAESTAB�ERLYHED SOUTHERLYCTWAv OF PFRCE A=1°16'40" E99.22'(R2)(R3 S 797252^E99.7 H',FIMIDTR MONUMENE AND RECORD ) •SO(1T1.92' 4 =ASTREET INFORMATION AS SHOWN ON GS.F.#35612. 579.0$. 2 RR3)E"E9974(R31 KAROTKO LLC 5795J9b2'S6+E273.30•CLIENT: SS21,.30'(R2)(R3)REFERENCES: PORTION OF PARCEL 1 LA LANE COUNTY SURVEY FILE NO. 12 OOm w _ R2-LANECOUNTYSURVEYFILLN0.356R1- e PP 91-P0172 TH VELLOWPASO CAPDNOIRNE55 n 579b252^E 38425 __� R3-4NECOUNTY SURVEY FILL N0.30259 201Q. bo o m L51034" SET IN CSF 30259(HELD) o ^- 3 7g• 79°0252"E SOD" 0 o PARCEL2 m o E 304.26' 51.09' PARCEL2 (R2)(R3 2 z DOCUMENT NO. 2018-001700 3 PP 91-P0172 ) 'D' _ - n - FOUND 5/8" IRON ROD WITH S 88"8252"E —� n o PARCELI YELL OW PLASTIC CAP "NORNE55 LS 3 $ / 66.93• c Z ry c 1034" ROD WAS DRIVEN ATP ,$' L DOCUMENT NO. 2018-001700 ANGLE UNDER A TREE ROOT SET IN $� 579°Sg. C2 'E' 00"E 6600•,-_. S 87.46136" W 230.65' (R2) •8• S 97-16'38'W 230.66' (Rl) 'B' FOUND 5/8" IRON ROD WITH 5B]°41'46"W 230.65' YELLOW PLASTIC CAP"NORNESS FOUND 5/8" IRON ROD LS 1034" SET IN CSF 30259 CAP ILLEGWPLATIN Q $ STIC FOUND MAG NAIL+SHINER"ILLEGIBLE" N;°SR'Op"W 38214 (R1)(R2 (HELD) WITH CSF "ILLEGIBLE" Q 69 NO REFERENCE 9.02.BAS 52^ ) 5 25°24'44" W, 0.37' T�3 Q1 PER OREGONCOORO/FBEA 871q' •L" (OCRS)E El6R NENCE SYSTEM J. N 0'28'06" E 40.00' (111)(112) N 00°23'14• E 40.00' FOUND 5/8" IRON ROD WITH — ORANGE PLASTIC CAP "ILLEGIBLE" SET IN CSF 35612 (HELD) REGISTERED z CSF 30259 00 3 579.58'00" �$ 51.09' (R3f E N 86.02'41" W 287.16'(R3) N N 86°07'33" W•�+ 287.16' y FOUND 5/8" IRON ROD HELD ON EAST LINE N 10°57'08" E FOUND 5/8" IRON ROD WITH 2.92' OF TRUE CORNER SET IN ORANGE PLASTIC CAP "ILLEGIBLE" CSF 30259 SET IN CSF 35612 (HELD) 578.58'00^E 213.45'(RS)(R2) N 79V 2"w 213.45' PProb 51 p1 GEND: 'H' 586.26'00"W 184.RD(R1)(R2) / 58621'08" W 184.80' FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP "ILLEGIBLE" SET IN CSF 35612(HELD) 0 FOUND MONUMENT AS NOTED 0 SET 11/8• BRASS DISC ON MAY 27, 2020 Q SET 5/8" X 30" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED "KPFF INC" ON MAY 27, 2020 ORIGIN OF MONUMENT () DENOTED RECORD DATA FROM REFERENCES BELOW CSF COUNTY SURVEY FILE NUMBER, LANE COUNTY SURVEY RECORDS CURVE TABLE ...4"3) FOUNDS/8"IRON R=5759.58' ROD NO CAP SET DELTA=0.29'51" IN CSF 35612 L=50.00' LC=580'12'55"E 50.00'(R2) N 78•,8,00" 40.W,(Rl)47. (R14 G' FOUND 5/8" IRO! ROD NO CAP SET IN CSF 35612 Q� ' ROD �� WITH ORANGE PLASTIC 302'52" CAP"(LEGIBLE" SET IN CSF 40.0035612(HELD) SCALE 60 0 30 60 120 1 INCH = 60 FEET SHEET 1 OF 1 JOB NO. 1800290 FILE: 20200903-1800290-ROS.DWG OR GON CURVE# LENGTH RADIUS DELTA CHORD CHORDBEARING JUNE 0, 1997 111 SW Fifth Ave., Suite 2400 TROY T. TETSUKA Cl 41.92' 1879.86' 001.16'40" 41.92' 584.11'12"E 28at Portland, OR 97204 cz Soon, 5759.58• 000°29'51" 50.00' S80"17'47"E 0:503.227.3251 TAX MAP 17033531, TAX LOTS 13500,13600 RENEWAL 6/30/2022 F: 503.224.4681 1Tff www.kpf.com STATUS OF RECORD TITLE REPORT 2ND SUPPLEMENTAL THE SATRE GROUP Date: OCTOBER 17, 2022 ATTN: RICHARD M. SATRE Our No: CT -0319338 375 WEST 4TH AVENUE, SUITE 201 Charge: $300.00 EUGENE, OR 97401 As requested, Cascade Title Co. has searched our tract indices as to the following described real property: ( A T T A C H E D) and as of: OCTOBER 12, 2022 at 8:00 A.M., we find the following: Vestee: KAROTKO, LLC an Oregon limited liability company Said property is subject to the following on record matters: 1. Taxes, Account No. 1662665, Assessor's Map No. 17 03 35 3 1, 413500, Code 19-99, 2022-2023, in the amount of $18,884.46, NOW DUE AND PAYABLE. Taxes, Account No. 1662673, Assessor's Map No. 17 03 35 3 1, 913600, Code 19-99, 2022-2023, in the amount of $4,379.14, NOW DUE AND PAYABLE. 2. City liens, if any, as levied by the City of Springfield for which no search was made. (Please inform us if a search is to be made.) 3. Easement, including the terms and provisions thereof, granted Reconstruction Finance Corporation, by instrument recorded November 30, 1951, Reception No. 1951-061603, Lane County Oregon Deed Records. 4. Access Restrictions, including the terms and provisions thereof, contained in deed from Southern Pacific Company, a Corporation of the State of Delaware to State of Oregon, by and through its State Highway Commission recorded May 29, 1953, Reception No. 1953-004960, Lane County Oregon Deed Records. 5. Agreement, including the terms and provisions thereof, recorded December 22, 1951, Reception No. 1951-063323, Lane County Oregon Deed Records. 6. Easements, notes, conditions, restrictions, and spur tracks as shown, set forth, and/or delineated on the recorded Plat of Land Partition Plat No. 91-P0172, filed December 5, 1991, Lane County Official Records. MAW OFHCE FLORENCE OFFICE V[LLAGEPLAZAOMCE 811W LAMETTESM 915 HWY 101' FLORENCE OREGON 97439 47M VE,LAGE PLAZA LOOP SUITE 100 EUGENE, OREGON 97401 MAN.[NG: PO BOX 508' FLORENCE OREGON 97439 EUGENE OREGON 97401 PH: (541) 689-2233 * FAX: (541)185-0309 PH: (541) 99]341] * FAX: (541)9978246 PH: (541) 653-8622 * FAX: (541) 8444626 Order No. 0319338 Page 2 7. Easement Agreement, including the terms and provisions thereof, between Southern Pacific Transportation Company, a Delaware Corporation, Grantor, and the City of Springfield, recorded October 31, 1996, Reception No. 1996-073360, Lane County Official Records. B. Minerals and mineral rights as reserved by SF Pacific Properties, Inc., including the terms and provisions thereof, in deed recorded December 23, 1991, Reception No. 1991-061914, and deed recorded December 30, 1998, Reception No. 1998-104003, Lane County Official Records. 9. An Ordinance Approving the Springfield Downtown Urban Renewal Plan and Report, including the terms and provisions thereof, City of Springfield Ordinance No. 6210, by instrument recorded December 7, 2007, Reception No. 2007-081042, Lane County Deeds and Records. 10. Easement Deed by Court Order in Settlement of Landowner Action, including the terms and provisions thereof, recorded September 12, 2013, Reception No. 2013-049553, Lane County Deeds and Records. NOTE: The property address as shown on the Assessor's Roll is: 575 6 705 South A Street Springfield, OR 97477 NOTE: This report is being supplemented to update the taxes, remove prior exception nos 1 and 10, and update the current plant date. This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: kk: Title Officer: TYLER YORK Order No. 0319338 Page 3 PROPERTY DESCRIPTION PARCEL 1: Parcel 2 0£ LAND PARTITION PLAT NO. 91-P0172, filed December 5, 1991, in Lane County Official Records, in Lane County, Oregon. PARCEL 2: Beginning at the iron rod marking the Northwest corner of Parcel 2 0£ Lane County LAND PARTITION NO. 91-P0172 being on the Southerly right-of-way line of South "A"; thence, South 78° 58' 00" East 309.25 feet along the South right-of-way line of South "A" to the reinforcing rod marking the Northeast corner of said Parcel 2; thence, South 78° 58' 00" East 51.09 feet along the South right-of-way line of South "A" to a point; thence, South 79° 58' 00" East 66.93 feet continuing along said Southerly right-of-way line to a point; thence, continuing 50.00 feet along said Southerly right-of-way line as it follows the arc of a curve to the left having a radius of 5759.58 feet to a reinforcing rod marking the Northeast corner of that tract described in that deed filed at Reel 1009R, Reception No. 7992793, Lane County Official Records, which bears South 80° 12' 55" East 50.00 feet from the last described point; thence, South 11° 02' 00" West 170.00 feet along the East line of the last above described tract to a reinforcing rod marking the Southeast corner thereof; thence, North 78° 50' 00" West 90.00 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, South 86° 26' 00" West 189.80 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, North 78° 58' 00" West 213.95 feet along the South line of said tract being a line parallel with the Northerly line of Parcel 2 0£ said partition (being the South right-of-way line of South "A") to a reinforcing rod set on the Southerly projection of the East right-of-way line of Seventh Street; thence, North 0° 28' 06" East 90.00 feet along the South line of said tract being said Southerly projection of the East line of Seventh Street to a reinforcing rod; thence, North 78° 58' 00" West 387.19 feet along the South line of said tract being a line parallel with said Northerly line of Parcel 2 to a "PK" nail and washer set on the Southerly projection of the East right-of-way line of Sixth Street; thence, South 87° 96' 38" West 230.65 feet along the South line of said tract to a reinforcing rod marking the angle point in the North line of Parcel 1 0£ said Partition; thence, North 2° 13' 98" East 218.95 feet along the North line of said Partition to an angle point in the North line of said Partition Plat on the South right-of-way line of South "A"; thence, 91.92 feet along said North line and said right-of-way line as it follows the arc of a curve to the right having a radius of 1879.86 feet to a point which bears South 89° 06' 20" East 91.92 feet from the last described point; thence, South 82° 08' 00" East 98.68 feet continuing along said North line and said right-of-way line to a point; thence, South 80° 08' 00" East 99.22 feet continuing along said North line and said right-of-way line to a point; thence, South 79° 08' 00" East 99.79 feet continuing along said North line and said right-of-way line to a point; thence, South 78° 58' 00" East 273.30 feet to the point of beginning, in Springfield, Lane County, Oregon. EXCEPT THEREFROM Parcel 2 0£ LAND PARTITION PLAT NO. 91-P0172, filed December 5, 1991, in Lane County Official Records, in Lane County, Oregon. T. CASCADE TITLE CO. MAP NO. 17-03-35-31 ) au , + MAIN STREET >'S ng�>t •ng n 1WQ0 tON 2 15 ,, a 10301 X0.18 A0 a'\s _�12 C�`- if I 3 µ• >s l r _ � t 11100 --_,_-•-a« 10300 IBB i --_ 1001 iY AO `. q+q+ � 13500 411 AC nnf i x.�m.w a `HfHYff/flfHfH>'f/ X 51 mm n lOtOd i .ps .os dlI l 1 s 6 a• g• ' g� 1p a 10301 X0.18 A0 a'\s _�12 SOu�ET 0 . M/GG R,gcF SG AUG �s'"� THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON. Approved as to Face General Solicitor Veceader 28, 1943. NOTARIAL ACKNOWLEDGEAENT SOUTHERN PACIFIC COMPANY STATE. OF CALIFORNIA, ) 33. CITY AND COUNTY OF SAN FRANCISCO, ) On this_A.J—t- day ......._.194J- before :"a a�'Nota—ry Public in and for the City and County of San Francisco, State of California. personally appeared ............ known to as to be respectively, of SOUTHERN PACIFIC COMPANY, the corporation do— scribed in and that executed the within instrument, and also known to on, to be the persons who executed it on behalf of the corpora— tion herein named and they acknowledged to me that such corporation executed the .. IN WITNESS WHEREOF, I have hereunto sot my hand and affixed my official seal at my office in the City and County of San Francisco, State of California, the day and year in this certificate first above written. Rotary -Public 1. ' d for the City and county od San Frwc.b.u., St.,. of Wiftrnix. on. PM a y7 :.'."......:.�$:'. .-._.. .._r.., ... .....,. .......: ..... .. .. ...: :.. _":`.'i.v:ox:''...... _ .. ,. .0.•%'N now Am XW sir T ..: :._......:.. .:..(;Cl10'AN7C4 .a corporation -of' the Staa►te, of. Delaware in cans#,d.ratSori of the sum -of One. (1) Dollar, to it.,paid by; ths;.STATE 07,G) RGOMA,� • aoes- he3Re - • 0 ,4 'by and thrpugh . ita STATS. �iIGli�fAY -s Ter 41.1, -that' ece-.-Or ..ysarcai:..ot - S�1'3'a2ld 3 $It- g',ta } � erta C iii -p �, �'•:�•��:.. ::. ~;.��,x�. 31tuate9 lying exi$ being in the City of $priYagfield y County : of ,us,•..•_•. ;..Y • m r- �:..�tate: of Oregon, being a portion- of the land described -in deed. dated October 21 1890 from the. Sprint3elai_ Itivestraaarit an Poser.: Company to the Oregonian. Railroad Company7, recorded October 7, 89D in Volume.25y P&90.223:..of..Deeds, LaTi ' County recordapa l yarticularly described as follows$ :- Commencing at the intersection of the southerly line of :*ain- Street with -•the easterly line of Th :...:.�.....:. _,...k.._._.['. z M... ...:. Street . in. -the City of Springfield, according to the,, ding recorded plat thereof; thence southerly along. the easterly line of Third Strbet, 120 feet o the K northwest corner -of the land described in that certain ......... _..:.._ :: deed dated October 2 1890,from the Springfield Invest-' meet and Power Company to the -Oregonian Railroad GamgfLnyi • _ ... 1 recorded October 79 1890 in Volumes 25, Wage 223 of Deedsy -A Lane County records- thence South 891) 44f East patrallel. • , _. K with and lao feet distant Southerly measured at right } angles Tea osi' the Southerly . line of Main Street feet to the actual point of beginning of the parr�ti- :..:�.>.......:.:...-land to.be-desrr.ibad; ttk* e.con[tinuing. Sou f{�t�•'� East, parallel with and 120 .feet distant S.pu� �� ����_�+'� measured at right angles from said southet5,ti Main Street, 730.98 fest to a point that.: taut Northerly, measured at right angled - ally located center line of the main tri Pacific Company; thence South 780 58C E_ -.- and 375 feet distant northerly at righV, _ . __.._..• • �.. «eente�+:.l_'Ma i- tragi ::1�73.2Q f e:set:s = ir� northerly corner of the Land described { deed dated kugust -29 .1944 from the Sauth ` Company to. W, Paaaul:•Ciarke recorded Jan +s 1 ' h 4 ,", B;:- thence Book 28t?.�::.. a 696 of Dee s_ bane Count >. ....,, .. Samth 11.2 8t� along the, westerlyf..le eh'"t li%iai �, deatar.#:be+i 3x� sa3�t meed dated k4ust 29 '1944 at ®e� } Y.�Al:�(k�',r'�!f1�9 Yr.fY6:�4?1''.t••�f:R'.:u`.. n`.if�Ti_)�I�Ferthllil W__ �'I�Y:'VaT1P:�e+�.'. iMTs.•� ...s .:J+h•t!:-:R t ►: s '... :i. 30a W02to "w93 feet to apolzit; ` r ht -having W-10 to ryr � �►t, • �b •o'ar!!:,.. lett '...1;s� o;.a.r {;'q._'. r. 3+S=t4s+'-r3i'..*`. ..r�;rAY fi•al�s. of said - . p;, Pd�G1'd .... t:11f�1'::. a :and. an. arc- tetet k'�'}':i�?i?s;+`.i�;"'iw%'..,'•. .. .. ..... � .,={YCr'1�y�Yi �R,�Y'.' ",�'9ri. ..• Y.Jti: C-aiu:.."�::?r:!.a:1C4Mb! ?Si:xi1.xt!. ^r r� YS`y.S.aiY^��Y..i;iSxe,c 4:c('•,:�N.::'wi^wal:.`�- .�Yb..Gt, "e♦!: .. w.A F N.'i`: W - i g�y�►�`p A7-.b'v56,.F n::: -�1]i ^.; ..:.:.:'i':•:,"�'. .. .. ;..`' �e. �M �i�,.MF :... ).'..,, ,•:Y�, �. � �� :..`:�: -�` :- �>��; tile• � U. .yt"i:aY .:s �i'4n+?., rCKI'•\. ;.: .....S:nl „'+,i: •:'4•. .. - vF..+xr.lf,.. F.....: .. 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"•,'M1l* M1 b'3.'-y'.5"5'i"ti>... /eYiF .... _...:..-....-.-. ..-........:�y� -��yys� 'y ` ....__.:_ t. _. .. �. � .. ,� ,..;, a wa uwgw^•. xM1'+Ps VSP 3.7,•64 �l lg�t7 �n�.r lAo th •vi ..., .�� :..:' �'��� 7�i��V ��i1S� -,�Tl� r �w#� V.0 thence -Northwesterly. along, a left having a radiva of 18796 feet tt anti to said:'. •- .. , Surve at last mentioned pd -DA hers North 133o 281 9Fest and chord of said curve bears North 840 17i gest ` 1. feet), an are distance of 57.96 feet ...... _ 110 :bleat 9,94w68 .feet • thence -Sorth s : �i t e $: 99r x::.. , '�...�• ,=..;,.:.rs :_... ....... fa+st.; Amt 34 Weat, 99•�•�ss�;.;::th�antta.:�ax�h:%._:--,: _,:,, . .. „. $. 1pi� tSi:s .39et3 :ii8at fiiC a jbafnti thetic0tarth>+ 2� t 5?a' fife t, 71..33 feifio '.� point 'of be inning *:u� , ......._.... , ;,.,. X. ,.,., .... _ ...............staining ., an -area of '3:�.b" ores y '.OT Z 10,94 ;.: a .. _ .. , .... - .. ... ......,..:.,...... ...., _.. - ,:a,rw'•,jj+,'. Ll:CEPTII�G AND RESttIN to the grant or -hemi% ft$'::an**0--•r�y.=,�';` sons and assigns, unlimited access to --the highwag'tv'•ba pJacs$:.on •':._......,'; .: the above described..:parcel _of._IpAd and . all, oil, oil. rights., .:......:.. . 4�,r.r;,.: minerals, mineral rights, natural gas, natural gas rights, and an :U other hydrocarbons by whatsoever name known that .may be Within::or . �:. • .. _.;".:; - under•the parcel of land hereinbefore describedt without, however, the right ever to drill, dig or mine through the surfaes of said. ._.. land therefor, or otherwise develow same in such manner .as .to' on.; danger the safety . of- any -'highway that --male =be- construetafd' -ori`The':"_ Land hereby conveyed, or to endanger, disturb or„otherwise affect any drainage, approaches, structures or any other highway facility' whatsoever appurtenant thereto. The pramises herein described are here to that certain mortgage or deed of trust, for Mortgage from Southern Pacific Co ` w� �,. •.. s of Commerce in New York (to which the Guar Yeti 'New York is sucCB'. ssor�' d t d March lg l92�` ., 4' C ; cmpgay ages ly eafven iziti isii�aa se gaisi aie+ t: ®fie released a3' s ve of this xr d to one e f :th® of •1 r �.. rv. t f:.i.:Y.h,r.y. he.n'y`_,i:r.4i= ¢. r'.3.♦ :J.:L.n .r.: (. .. ��YV�YL•.r.�9.. l�'��V'i5.��i� Y:.ia _ C. r..n. � 3 •;:�: `. ;.f,J,,��t ;�#<��,,�:;:': j�,��,y �,;. '.��., `:';'�e`��+e�311s iniD!ai'as it affeais 'ths hereinabove. ve y �e+.r..... .. , . r , • : iro tx 7y�P'' w •1` Zrc r� S;r3� F :gin. .. ,.. +�”: tanement9heredita- , a.3n�3 } s TiC�.�,_li?•-t ^' i'.'F�af'fr':.:9,`,`•:Sw`+'�r. ,�Y.t _c`"`.�`�'. ," � :'�� � .':� lse appertain - J, ,. ai��zd�:�:tya�g3ng.flr. is a� ppertain- .,,{{•�bt�•+s,S'."..�'�.'A:Yht�'siC1:t1➢}.b'�'!:t"LSK:::Msz�:.:rrr,:aeiP,`_re'•..:•:�:"xs:�.:,.•.:.;;, s.�A,ua..• :.v.�i:apt.~r::�.:::.-..art*t�a'.�.t.•s5r.'�::.'.@ 4• a'�Tl+�t`-s�+�t3 Yfl.�Tj^�('r ija 4•'��r`•'�,A�:.�'J, � ,,,y, � .t x.. s. i 4p �a�i•C,7s�F�l xah-lxs"s m�,�i:�,: .,}:, �:'., ...c :^'d.Sr ,T:r;¢'•. ,. ..cm.". .. 'F irK.ry '' ssY,.ti {�sga_y 3i�t:e �: °;,.::i:: 'h' ♦,rt^.' ..�i?. ..r _ .. C tlrev-' ,...,.. ..,Y.°�'+,....'-,."_i..tiriawjy:a::yiafii=.•>eG:''r:'.:4th,'+°''.2>,'.','t�'`.'?i::.};a'.i::,;=� ._ .. _ �`i+ r 5 a � a'R�y Q q.y0.' 1 iyr,..i as.•y3 5t NY. a xT ora+•:. {,y, � t'•'r::Ic. ,s :.<: • �• ,}e"-.CiakS'�� o 'J_k...s'"�+rrn r is "b� rt 3't* L �. y f- i �flx �, : a"'�,'.x . '[!Yfr ' {'F.. ti J , • .+.,.,:.:v: ;: AY• e A 5'x Ye ''C_-'� �' xiiS'S'` z ax�,t�e.A`Yary -A ;-+i'��Sv� 4'Ara wf-„ ,"4Nt-.> p "t�y�� 2; �e,�t(3.Y ri o SSY,zyk.,,r�,�ry-.,v�. t>:.:reg r ..Ir...•: .. - 1 ��5 ," �'_ z a .. � ., ,.. •. -. .. ?n�mlJY's (4 :. '. . hu4`?4'.f,;=!3.(:aYt:^F'�':'-�' :. ., '. ,a. TrrY w 1 A x. > ui.s, �: '•'.,, -._+ -. .• x u �r.'1 r _`M+N.W %�' a#: 'r,;i.r,.r'.ar>u%a::,�.=�'.:rS:ii:":v.'s".si.Lk'Y�r.'+:4iAiv"KktFltiKbfbaY+P.twll:k:%o-F,: AC3:6s'a i+.?sc;•�,r:xn's•tr�:'.n:4•a.: ..... . PIZ, R My,FF and wla* hnd. also, all it estateright therein and thereto* To HAVE .AND TO HOLD7 the above described MA 41: .pita -.8' CoMaSSION Its.successors Sad assl&s'p, ...]N,VTTNBSS,WfMMFI 89UTWX -..PACIFIC -COMPAIM--fi"r .. ..... thias 1 0 presents to be executed by'Its 'proper officers - thereunto; AU2.7 authorized and its corporate seal to 'be hereunto af f iked this d -Y of y A. D. 19530 SOUTMN P&�IFIC COUP . . . . . . . . . . . . X J,4 ASSISI i „tl -.i,Y. 1.1,.. .:�:R ,K*ON M9, k _ _ -.\s• ...J•.e B .`.,SJs -,;,:. •:.kip'. �t a .:d•• <:¢E - '.�;'. ':l;,i. _ s;�`Z.:.-,• :a:..' .,. ,uy, b k(t+I!t}:31.•aL-• iy.'% n��, .,o -:,t,:'! ...ia•.:%'°Y w,:3n ,�ff ,'�{Gt ^4: .. ..:.r�. „ :: i. ., a tti:�7.. a'>s'>:e aa•�}>':t''�`:' ;::^`•r'.. '»rr�nay:.•:yr.�'.�a,.�s.�iz:M:S:::i:tika^:s:.:. x^::�ip�, i.xiaf.`tw�%',,�`.'tYxx.:,ik,�,'''�<4'H(iYKYffP,:$i30.�bti,RSo” s::. v-..�,,,, ,. ,,_..ar•'>4'i#a4rif.'.lie^,s?7<S,w:NJ,ia..xs,w..:.,:=.r.- ., m. z 1 <-..r.»rma.!m:a.,wrRewa d>,x:f}:a+%rx!v::s'...':»q .a��'..,.+;..u.y, �l!., ..,r„ 5'„.:... .I.. . w th• .-... ., t:..,... v.:L>:::.e:..':,..i. ..::....:»...-..:....'_..:. .. rsx':•x-eariti:.i:J.nai: FtN n)l i. ••ry it .. ..%.yam. .,...•_ t • - • ...ry _ .. - .. .. S: .. STATE AL-1.�t.OPSy■ gR '. ..... R .-�.. '....: .u" J:'...r::iY'a"4::`.a."Cf••f •:a'..1...L tih„YI',.'-.. ill �+0aaty O Sari f.on.6iaa On this w day.'ot f in the- year T2 onaand �t'ine Hundred and Fitt ! w..... ;r t..ro:. .t sllnaL s%... :t y. ... .s .'„ .,..r.1...,r.•.•..•r,.. ... ,.,..- „<•, sy�i • ffy�K, ygjr .. ,4r ^ ♦ 3 o V .. .. .. .. .. .. a l s..>.•.�' •_I a,._. - .,^n:K_.•r.:+n-Y:,rL'.r1., d.X'�a y . aNota ibl is in arA for the Gaunty _._:__: tti State ..of -C"orni a= petr8jDAa 11y _:+PPeared , . :W W.�- 1-1J LK_ arai T.F. RY .known°- o me: to beGhe Vide... President and Assistant geeretao, :. respec iyelyt of the�corperation described in and that executed .k the witbin instrument, and also known to me to be the persona..: s} who executed it on behalf of the corporation. -therein -'named.. and ... -they acknowledged to me that '-•such •corporation exec�xtied "tkxe"'witb- `-°`-`"_ in instrumentpursuant to its by-laws or a resolution or its BoarC- of Directo ... ... .... _..._ .... ._.......,.,.,..:.. ... '.. ' , 7. Pee , • .. _ ...: '_�:: IN WITNESS WHMOPI -I .have -.hereunto' set. my hand. and affixed my official seal at my office in the County of San Francisco' the day and year in this certificate first above r; written. .:.�.x.$..:..:.�' • n.n••.... ••L J'�•'Y,y 1Fi i,BF•�N �l•M1F»�. .. - . j�1 J yi4T`yyA wyrf8 Y( • .,_ _.. - _ ... ..� ,.tLi O ary Pub is n and f o the :{ County of Ban Francis , ;s n State of California. CommissionMy Expires:�=aa`e.nber 19 1 y> '• r- �-I 1-' 10 W1. „ _ - .♦ y .• .. .• .. .r , i!9:4'.,t,•�%"9..•:, :x":: <ti%•:s. n:,i..: '•In: .. t.. n I..sy r 'u-..... . .. . . n: �,:,i; ':. •' '� 'iii::{�•x ' xbrythb .v.: ...... .. ..::..... .......... ...th:�s:=-g'��'It's>=a:C4��S'a Ya/Ifia.W '�':.2"6�`#"` ''Yiv,Y�az:AR,"1, .:,a�:; .....,. ..tea':. i':' ... .. •b: .. _ . w.yi Y•'^�S'1^:vKisCr„r".,'•'M,'w,:Sa•.'-yN'.,,.'.•:'t'.. "K:<_':':'.:`:::.�.5:'9l'• ei.-<�_•: •n ' --':?":.:": ,-. 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K'$.'fiH ' �c'J.:%-'• "!O, .r ins, Y•.0 3.i6!:i `}.4.:1f:�.v5•'�j, • k):'y;•iy `:,f ' gni.;" +ra, �...{,,.�� .x:Y t.;,:: .,c. ,;.:,1;7;• k> ... ,a, :+t^4>: g�°(����i"..g'��Y•���.yy„ti,5i:<r �iriV.t�++';::yy!y'J:,-��4i�,Y.t:�H:-±.!✓<�iSu!rE}i'' •'S.� :,`�,.di �'�:,.. : ..,- <1 s<:it..- .ib .�A:i�n_'' �,ua.•,'a3a`''A`.4':'YL. k.'.+%R;lr'!f`yb:. '. t.7":i{1''..`; a' i;ti• •:f.-i•Y:'• �F^�-: :'=",:st:, F��` 5::. r$�:SN<iaig:, Gy';:tp�iYa "r2d . �+:.f .:y. :"i - t.,�:' �: Y. •� ��},.' ��t�%�xt"�:�ti:;ysi�s: �+s��"�:�:YiS�'.z'£�c:r„�^,:tas.>:r��:s,7c: J�'t',':a' r.,>n:ai-<i,+:Su,Ct}, �•xlRi:�_e .• .... .. . ��L{ 967,46® ,( AGREEMENT RELMIS: CF -618.57 3 �Q• THIS INDENTURE, made this 9th day of October, 1996, by and is -I between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware } corperatipn, herein termed "Railroad," and CITY OF SPRINGFIELD, A._,. address:. 225 North Fifth Street, Springfield, Oregon 97478, herein W-RIOCT.31'96HOSREC 135.00 u termed "Grantee"; _0CT.31'96H08PPUN0 10.0 WITNESSETH: 1� 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate a longitudinal 49 - inch sewer pipeline together with seven (7) right angle crossings, hereinafter referred to as "structure," in, upon, along, across and beneath property and tracks of Railroad, at or near Mohawk Junction, in the County of Lane, State of Oregon, crossing the ',3 - centerline of said tracks at Engineer's Station points, from Milepost CF -620.61 to CF -618.71, more specifically in the locations ,o shown on the print of Railroad's Drawing No.'s CF -618.71-L, Sheet No. 11 dated 5-2-93, and LD -1474, Sheets No. 1, 2 and 3, dated 5-5- 93; also, various drawings showing crossing 1 through 7, all j; attached and made a part hereof. (: Said structure shall be installed in accordance with minimum requirements of Form C. 5. 1741, also attached and made a part hereof. �.. Upon execution hereof, Grantee shall pay Railroad the sum of six Hundred Ten Dollars ($610) partially to defray cost of fl handling. In addition, as monetary consideration for the rights herein granted, Grantee shall pay to Railroad the sum of Sixty Thousand Fou[ Hundred Twenty Dollars ($60,420). �. 2, Project markers in form and size satisfactory Railroad, w identifying the facility and its owner, willllbeeinstalled and � RETJRNTe: Aide e sLreR SPTC.0.SPTCOOCIgllal )BLO 915 DENvER,COLORAOa 80295 ) L 771 lep—I m m (am tY mno nl Cwuaul PIE Xry . 01/il/92 96'73368 '(<%+ constantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such ' markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. ' 3. There is reserved unto Railroad, its successors and .i( assigns and anyone acting with the permission of Railroad the right (consistent with the rights herein granted( to construct, recon- struct, maintain and use existing and future railroad tracks, ,a facilities and appurtenances and existing and future transport& - tion, communication (including fiber optic telecommunication systems) and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens �9 and claims of title which may affect said property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 5, The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said .� �.� property is not commenced within three (3) years from the date first herein written. 6. Grantee shall bear the entire cost and expense of ` constructing, reconstructing and maintaining said structure upon said property. Grantee, its agents and employees, subject to the provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure provided that; (a) Grantee shall give Railroad's division superintendent at least five (5) days' written notice prior to commencement of any work on said except emergency repairs in which event, Grantee shall notify Railroad's authorized representative by phone; odic Ra I and 2 Inat 'Ppp[ovxtl a to fma Ey repent faunae! PIC all v. 1991 Pov. 011311m 9G73368 ' y: (b) Grantee, at least five (5) days prior to performing any digging activities on the premises of Railroad, must call 1 -W -AT - '.';,j FIBER (available 24 hours) to receive a Qwest Communications Corporation control number. Grantee will be advised if a telecommunications system is buried anywhere on or about the premises of Railroad in the location where Grantee will perform such digging activities. if there is a telecommunications system, Grantee will be advised as to the owner of the telecommunications system and provided instructions on arranging for a cable locator and will be advised whether relocation or other protection for the telecommunications system is required prior to beginning any work on the premises of Railroad. Grantee agrees to reimburse Railroad forthe cost and expense furnishing any materials or performing any labor in to pe connection with the construction, reconstruction, maintenance and Radion i removal of said structure, including, but not limited to, the installation and removal of such ork and other protection s, an of such beneath along Railroad's tracks, and the -..a, i e s necessary. watchmen, flagmen and inspectors as Railroad deems necessary. , �r r Grantee agrees to reimburse Railroad and/or the owner of the telecommunication system for all expenses which either may incur which expenses would not have been incurred except by the reason of the use of said premises by Grantee, its agents, employees at invitees including relocation costs or any damages incurred by such owner due to the injury to the telecommunication system. 7. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, alter, relocate said structure or otherwise improve said structure upon receipt of written notice from Railroad so to do. �..'� 8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become ,(. or became effective, including, without limitation, those relating j- to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of i such compliance upon request of Railroad. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder 3 I i t�. S L ■ 'nop..... m, -a n,a n.v 1, i^•,i 9673368 , as a result of Grantee's use, presence, operations or exercise of the rights granted hereunder, Grantee shall, at its expense, be obligated to clean all property effects thereby, whether owned or controlled by Railroad, or any third person, to the satisfaction of Railroad (insofar as the property owned or controlled by Railroad is concerned) and any governmental body having jurisdiction in the matter. Railroad may, at its option, clean Railroad's premises; if a Railroad elects to do so, Grantee shall pay Railroad the cost of such cleanup promptly upon the receipt of a bill therefor. Grantee agrees to investigate, release, indemnify and defend Railroad from and against all liability, cost and expense (including, without limi.tati.on, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Railroad as a -In result of Grantee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during ( ri the time this indenture is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligence of Railroad, its officers, agents or employees. D. As part consideration, Grantee agrees to pay Railroad an .: .: amount equal Co any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the date first herein written. l� 10. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee tails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. I� 11. No work on Railroad's premises shall be commenced by any contractor for Grantee until such contractor has entered into Railroad's standard Contractor's Right of Entry agreement covering such work. sk ... A I I �kRmv"Y m mlc no LV '% mrnl Vov n'sul PIY xny l ' Psv. YI/R]/R 9673368 12. To the extent allowed by law, Grantee agrees to and shall indemnify and hold harmless Railroad, its officers, agents, and employees from and against any and all claims, demands, losses, damages, causes of action, suits, and liabilities of every kind (including reasonable attorneys' fees, court costs, and other expenses related thereto) for injury to or death of a person or for T�. loss of or damage to any property, arising out of or in connection f with any work done, action taken or permitted by Grantee, its subcontractors, agents or employees under this indenture. It is the express intention of the parties hereto, both Grantee and ^j Railroad, that the indemnity provided for in this paragraph T indemnified Railroad for its own negligence, whether that Mnegligence is active or passive, or is the sole or a concurring cause of the injury, death or damage; provided that said indemnity shall not protect Railroad from liability for death, injury or damage arising solely from the criminal actions of Railroad, its officers, agents and employees. ' The word "Railroad" as used in this section shall be construed to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. 13. Should Grantee, its successors or assigns, at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, �. Grantee, at its awn cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in -{ such event fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense 5 qt i L .tpP�ovotl n [o Pom by 6eno eal Cou val P1C May 1. 1191 Aay. 610111 f' 9673368 Grantee agrees to pay to Railroad upon demand, or Railroad may, at its option, assume ownership of said structure. 14. The parties intend that the promises and obligations of this indenture shall constitute covenants running with the land so as to bind and benefit their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. a SOC By Art CITY OF SPRINGFIELD (Title) ci[yNem.,r By V9x. CD.,la.. (TQIe) Ci[y R66ard,r)Mt-1 ppRggEVIEWED 3 APPROVED DATE OFFICE OF CITY ATTORNEY 1.1 ??' ACKNOWLEDGEMENT "I State of Colorado ) �' )SS j City /and County of Denver ) In U�`Ot` � (R94 before me, Alisongas, Notary Public, ersona 11 a y ppeared 7� !. m 11Dil personally known to me (or proved to me on the basis of �i satisfactory evidence) to be the persons) whose name(s) is/are r: subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized c apa city (1 es), and that by his/her/their signature(s) on the instrument the person(s), or their entity upon behalf of which the person(s) acted, executed the instrument. r , f I 1 WITNESS my hand and official seal. I 1 �p�PPY, PpB`i ). c 1. Signature A l 7 m o (Sea 9rFOF CO��Qpo � '. MyCommlttim Explrts2dt•97 i MOHAWK JCT. PAMSED 48' RCP LOSMT1N a S w . j L LANE COUNTY. OREWN YROMS£O 98' NCP LONGITMENM SEWER LINE �l V. �l 9673368 l` w o' t <e. 1 ..tlp4— 6 G W E COUNTY ORECA�, __. L E G END______ _, _., SouthamPscrfic '. •� j0V PAG_PROPERTY LINES,_ _ immmm�uY�'n M1ar. • d pgOf�g—§,Gp)_DyfrlJq,41$PL SEWER LINE„•=007fi Fl _ MOHA, ' - -- 3KiIOKS—aF 6FA2PL LINE-RIISIGE—pP PROPOSED a3'RCP LONOITUWIAI' SOO, PAG. 4/W ...OMITS METFOR ROPOLITAN WASTt ]' 200' =—.57 nmoen ' �rt NMCH 11, ]993 o�stl � r4 ;. Eqrq x,a 9�n�}3' >n SP1 7r✓vat `, � ��'. � �;, ; . ,ice 11_Iv\, 1^1 _���Il�tY✓61,'i','. r. Y'M..r+/VJ.n W 1 �Ci �,_.,: -fir. • ei r .._ 1� .,._;..: ...raj Mou DibifE Ifii 1 1 1 � VA% 1n v 4 '7 / s rmo>3v k z Z ' 5017TI''a- Pazd L� �-?=,:�,'.•jYl"7I�+=i � c, to �o>T1 o �s1i �! y �li 5oi D ST. �1 SpyTH I i 'i'�"'F 7 0. � R 41 M . m .................... . . . . . ..... TRACKS im tip S k NOM Rx LEGEND r0l , —Ru, N.. I �--60N.LCMQ e0 5y:,ggs) LRRE COUNTY. OREGON II Co q SOUTHERN PACIFIC ONES vN AeO ncl En6FHaiR MOHAWK JCT, I.OFOSED LONIRTODINAL SEWER LINE tY FOR M�PQLITA.N WASE WATER MANAGEMENT COMMIOSSI. rig) R 41 M . m TRACKS im tip S k NOM Rx LEGEND r0l , —Ru, N.. I �--60N.LCMQ e0 5y:,ggs) LRRE COUNTY. OREGON Co I SOUTHERN PACIFIC ONES vN AeO ncl En6FHaiR MOHAWK JCT, I.OFOSED LONIRTODINAL SEWER LINE tY FOR M�PQLITA.N WASE WATER MANAGEMENT COMMIOSSI. rig) SO 1 i- i �'�- _ i i �, � i. �� � �. ,i I.: c ': I i. i �; r.• L .:.. .....� .:�w.. LD - 1474 ..'t• N ll a� / Ik I 1 No, t WiE ---w. OREGON jSGuthem P;cific Lines � FAONpWK JCT. PROPOSED pC•'IqCp [DNGITUpR1AL SEWER LINE TOR 'METNOPq.fIAN WASTEWATER MANAC.EIENT COMMISSION vw 1-.200 1 ol0.rm sE r A em®r s 26 w2 mCP ".m 61 mW -1474 cm NACCN 11 199 rms 2 mrnr. .. wx:ara NC -' ••YF a. + IN ID �. NOTE: For LEGEND refer m sheer No. 1 rm. r.ta No. 38 WHAYK JCTI. VPOPOSED ae•-BWNG MN' FOA M WASTE ANAL AENT MANAGEaENT COMMIS; w r.zoo mra4 a CF 61 b CF w 61 m tF cm HNICH 11,199 m P 66 l TI , Y I I 967-3368 NC. 63 CLAIM Re v " r ] GL c^cG 4� P t k I 0 v �c. g m ] GL c^cG 4� P E G : CR055/�/6 N0./ c^cG 4� P CR055/�/6 N0./ °y e ✓'ad'^"o"° - oU�-' •r alp C9 ° a�l C y� ' �Y r � z ASE vv�q u�'• A4�� � 2' �b oo�'� �C '^ l�lr � Q � Q 5 � °°�B,v^�^. fro,. s°$,•�,.�• ��°n e� ��p°�'"¢ 5¢g�Q Lz • v,$ 8 �� �� n ,.� aI � .. �. I GQ 'Emil R o ����' � " � �. �,�OS 3/N6 N0.2 a I r 9II N f i ° e e N S if �\ CL_ i m°m1 66 I 1 emO Zq IIE in dl m s 9 a 1 a � r 9II N f i N S if �\ CL_ i m°m1 66 I 1 emO Zq IIE in dl m s 9 a 1 PARA4LEL PlPC- �� "x 9II N f i PARA4LEL PlPC- �� "x SW mi i 6�4 A 9 9 "° €OSP°fa Qo� M iJ Y Y fl i a GG FN p E P N u' NpNpNp N � 9 P g N S�®��ngo 3P n $4karyz� mi i 6�4 "° €OSP°fa Qo� as a GG FN p E P N I Grao55Lc/G No 3 £6� agPn;� 'd673368 p GROSS/NG NO 4 6 x '�yyy j a C jF{ IN nm a 61 � nZ GROSS/NG NO 4 6 a C jF{ IN GROSS/NG NO 4 6 Y N L z� 'm N i1$y1�F� R3�rA Nn0 i e w N N P z� 'm i1$y1�F� c Nn0 i z s' CrzossiNG. No 5 n L i( ;,; 9673368 ,,i ' � �'g o e Cft�Sooa QQ.e � dp �t 5aezp'°p6 and qq9 p"❑ r 9 Ego 5Y� n n tJ �a F� py a A GRos s/NG ,UOQ 6 2 c »� y 7 », . � . � 967336s I.W. H g El cn I.W. H g cn S1.1.00... h—bl Wll 1W MT 96 9 a 23 2231 R U�. C-1, Ock �11 �0-,R - -,7:* aT 28571 g1g E 9391 RECORDED AT REQUEST OF 1!� EVERMUM 12M TITLE 10 WHEIN RECORDhD MAIL TO 2 D — GFOUP Hau I KerAall Develosrpant/, LTC s" R 0, 13 C-4 11 j y MOOS, Eugene, oregon 9.7440 Citv State zip L MAIL TAX STATEMENT TO (Same as above) 98104003 9892= 701mmEc 15.00 C. 911 EC.3079SN04PFUND 10.00 9982DEC.30�'78000�T FUND 20.00 SIUM AUM T)aA Lrm I'm xxC0==,A a= BARGAIN AND SALE DEED SF PACMC PROPERTIES INC., a corporation duly organize� xisting iku r the laws of ft I - rde_cn� State of Delaware, Grantor. coaveys to KENDALL DEVELOPNiENT-, LL , aa Oregon limited fiability company, Grantcc� that cerWn real property situated in the County of Lane, State of Oregon, more particularly described in Exhibit A, attacl�ed and hereby madr. a pae hereof, G=tor excepts.ftra the property hcrtby conveyed aad reserves unto itscif, its surcmors; and assi9w, all minerals and mineral rights, interests, and royalties, including vAthout lirniting the generality thereof, oil, ps, and otbor hydrocarbon sabstarces, as well as ma-taffic or other solid minerals, in and un& -r said property; however, Grantor or its successors and assigns, shall not have ihe right for any purpose whatso�_vvr to enter upon, into or through tl�c surface of said property in co1mcction therewith. T'he true consideration for this conveyance is- .$657046.00 ef-91, TI -RS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TIUS INSTRUMENT IN 'VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGN-rNG OR ACCEPTING IMS INSTRUNMiT, TRE PERSON ACQUIGUNG FEE TME TO THE PROPERTY SHOULD CHECK WM-I THE APPROPRIATE CITY OR COUNTY PLANNING DEPAkTMENT TO VERIFY APPROVED USES AND TO DETERIAZIE ANY LUMS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. IN WITNESS VXiE—REOF, Grantor has caused this Bargain and Sale Deed to be ex"uted fliis 2L2 day of L-xc _g 6:tl�e,r, __ , 1998. SF PACIFIC PROPERTIES INC, By:_ Tide: We Pre nt A r a M04003 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss' County of 'h.' -I un 1-1-Lq , Velore me, personally appeared—IY&Zda" persofially known to me proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) a subscribed to the wlthIn instrument and acknowledged to me that he—"I�exoculad the same In 44;4"x0qT3 authorizod capacity(les), and that by sIgnature(s) on lhe Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Insirum6nt. WIT NESS my hand and official sea]. pl� Notsfy sell 0-1�6 4 LhIMIA4 OPTIONAL Though the hulomation balow Is rot required bylaw, ilmaryprove vattiabri, 10A;ersons relying on the document and couldpravent Imudulam removal and ra�!ffarhmenf of Vs lotm to another document Description of Attached Dymipument Title or Type of Document: Document Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 1:1 Individual EJ Corporate Officar — Title(s): 0 Partner — 0 Umited 0 General 0 Attorney In Fact 13 Trustee • Guardian !a.- Conservator • OlhF�r — SIgner Is Representing: 01997N&bMWNDUryA&ttdatidn-03�oOoSo;aA�o, P.O. 1laK2402-ChwjftMCA 9131�2402 Pma. No. SOOT RwFdar Can TbI4�ma t400,676.op 2K (D -P� Lj . 1% -P� Lj 13 0 ELT -28571-A FROPERTY PAGE I OF I Beginning at the iron rod marking the Northwest corner of Parcel 2 of Lane County band Partition No. 91-POL72 being on the So-itherly right-of-way line of South "A"i thEncel South 78' 58' 0 *1 0 East. 304.25 feet along the South right-of-way line of South 1. . "A" to the reinforcing rod marking the Northeast corner of said Parcel 21 thence, South 78' SS' 00" East 51.09 feet along the South right-of-way line of South "A" to a pointl thence, South 794 58' 00" Bast 66.93 feet continuing along said Southerly right-of-way line to a point; thence, continuing 50.00 feet along said Southerly right-of-way line as it� follows the are of a curve to the left having a radius �of 5759.58 feet to a reinforcing rod marking the Northeast corner of that tract described in that deed filed at Reel 1009R, Instrument No. 79 42743, Lane County, Oregon Official Records whicb1bears South 80' 12' 55" East 50.00 feet from the last described po4ntl thence. Soiith 115 02' 00" West 170.00 feet along the East line of the last above-described tract to a reinforcing rod mA;kin4 the Southeast corner thereof; thence, North 78'. 58' 00" West Moo feet along the South line of said tract to a reinforcing rod marking an angle. point thereing thence, South 861 26, 004, West 184.80 feet along the South line of. said tract to a reinforcing rod marking an angle point thereinj thences North 78' S6' 00" West 213.45 feet along the South'line of said tract, being a line parallel with the Northerly line of Parcel 2 of said partition (being the South right-of-way line of South "A") to a reinforcing rod set on the Southerly projection of the Bast right-of-way line of Seventh Street,.thence, North G' 28' 06" East 40.00 feet along the South line of said tract being. -said I iz Southerly projection of the East line of Seventh Street to a N reinforcing rod- thence, North 78' 58' go" West'387.14 feet .,Ip , d along the South line of said tract being a line parallel with said Northerly line of Parcel 2 to a "?V nail and washer set on the Southerly projection of the East right-of-way line of Sixth Street; thence, South 87' 46' 38" West 230.65 feet along �he South line of said tract to a reinforcing rod marking the angle point in the North line of Parcel I of said Partitionj thence, North 2' 131 4a" East 218.95 feet along the North line of said Partition to an angle point in the North line of said Partition Plat on the South right-of-way line of South "Aml thence, 41.92 feet along said North line and said right-of-way line an it follows the arc of a curve to the right having a radius of 1879.86 feet to a point which bears South 840 06' 20" East 41.92, feet from the last described point; thence, South 82' e8' go" East 98.68 feet continuing along said North line and said right-of-way line to a point; thence, South 00' 08' 00" East 99-22 feet continuing along said North line and said right-of-way line to a point; thence, South 79' 08' go" East lit 99.74 feet continuing along said North line and said right-of-way line to a point; thence, South 78* 58' 00" East 273.30 feet to the Point of Beginning. in Spring;#��ld, Lane County, Oregon. .... . ... ... 1. .61 98104003 awl- %: 7A 16 ai 0-2 MY Slate of OTegon C*urkty of Lane — ss. 1, the County'Oerk, In and for the Saki gerafy, that the Wthin Counw, do hereby far record at instnLment was recelv9d 198 DEC 30 A91*09 '2499R Net Une County OFFICIAL Records Une County CJeTk Add By: County Clerp. '14. ra 5N. Ijdd al v M " -Ar., X" R wr0" 0 4'�� �,Alu Ordinance No. 6210 (General) oil 11TISIMAY VINXII 11*111111 11C J. ;!I IMAM a qla P I 111A ADOPTING A SEVERABILTIY CLAUSE ACCOMPANIED BY THE DOWNTOWN URBAN RENEWAL PLAN Division of Chief Deputy Clerk Lan. County Dead- and fla..rds 2007-08IN 1111111111111111111111111111111111111111111111111 $426 00 00961785200700810420830830 12/07/2007 01:49:16 PM RPR-ORDN C�t=l Stn=1 CASHIER 05 $425.00 $11.00 AFTER RECORDING PLEASE RETURN TO: CITY OF SPRINGFIELD PUBLIC WORKS DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OREGON 97477 Ordinance No. 6210 (General) AN ORDINANCE APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEWAL PLAN AND REPORT; AND ADOPTING A SEVERABILITY CLAUSE WHEREAS, the Common Council has determined that there is need for a Downtown Urban Renewal Plan for the following reasons: 1) The existence of inadequate streets, rights of way, open spaces, recreation facilities, and utilities (including, for example, storm water systems and sanitary sewer trunk lines and laterals); 2) the existence of buildings and structures for industrial, commercial, and residential use with problematic exterior spacing, design, and physical construction (including obsolescence, deterioration and mixed character of uses); 3) Properties and lots in irregular form, shape and dimensions limiting usefulness and development; 4) Lack of proper utilization of areas resulting in a stagnant and unproductive condition of lands potentially useful and valuable for contributing to the public health, safety, and welfare; and 5) Economic deterioration and disuse of property. WHEREAS, given the preceding information, the area within the Downtown Urban Renewal Plan boundary is blighted; WHEREAS, the rehabilitation and redevelopment outlined in the Downtown Urban Renewal Plan, incorporated herein by reference, is necessary to protect the public health, safety or welfare of the municipality; WHEREAS, the 2001 Springfield Charier, Section 49, requires voter approval before the City Council can approve an Urban Renewal District Plan that includes allocating property taxes; WHEREAS, Ballot Measure 20-131 presented to the voters of the City of Springfield on November 6, 2007 for their approval of the question of the allocation of such taxes before the City Council approval of any Urban Renewal Plan; WHEREAS, the results of that election approved Ballot Measure 20-131 so that the City Council may comply with the provisions of Section 49 of the 2001 Springfield Charter and state law; WHEREAS, Oregon law also requires that adoption of an Urban Renewal Plan be approved by the City Council in thejurisdiction included in the Urban Renewal District; WHEREAS, the City of Springfield is a municipal corporation organized and existing under and pursuant to the laws of the State of Oregon and the 2001 Springfield Charter; WHEREAS, on December 6, 2004, the City transferred its authority to exercise the powers of the urban renewal agency to the Springfield Economic Development Agency in accordance with OAR 457.055 and all duties and obligations of the urban renewal agency within the jurisdiction of the City were thereafter assumed by the Springfield Economic Development Agency. WHEREAS, the Springfield City Council, the governing body of the municipality, received the proposed Downtown Urban Renewal Plan and Report from the Springfield Economic Development Agency, the City's urban renewal agency; WHEREAS, the Downtown Urban Renewal Plan and Report was forwarded to the governing body of each affected taxing district and the Springfield Economic Development Agency has consulted and conferred with those taxing bodies; WHEREAS, Notice was sent out to the electors registered in Springfield and within the proposed Downtown Urban Renewal Plan area on or about November 9, 2007, that the Springfield City Council would conduct a Public Hearing on November 19, 2007, at 7:00 p.m. in the Springfield City Council Chambers of Springfield City Hall, 225 Fifth Street, Springfield, OR 97477; WHEREAS, a public hearing was conducted on November 19 and testimony received on an ordinance adopting the Downtown Urban Renewal Plan, the boundaries of which are shown on the Downtown Urban Renewal Plan map; WHEREAS, the City Council found that the Downtown Urban Renewal Plan and Report meets the content requirements for urban renewal plans as described in ORS 457.085; WHEREAS, the maximum indebtedness that can be incurred under the proposed Downtown Urban Renewal Plan is $43,010,000; WHEREAS, the Springfield City Council determines and finds that the urban renewal plan conforms to the Eugene -Springfield -Metropolitan Area General Plan which is the comprehensive plan for the City of Springfield and which provides policy direction for economic and land use development within the city; WHEREAS, Section 1200 of the Downtown Urban Renewal Plan specifies that SEDA will provide relocation assistance and housing for displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing persons already on priority waiting lists for existing federally subsidized housing; WHEREAS, if acquisition of real property is necessary, it will be provided for through later amendments to the Downtown Urban Renewal Plan as specified in Section 900(C)(1), which requires approval of property acquisitions for the purposes specified in Section 700(A) of the Plan by resolution of the Springfield Economic Development Agency and the Common Council; WHEREAS, adoption and carrying out of the urban renewal plan is economically sound and feasible based on the information included in the Report incorporated in the Plan; and WHEREAS, the City of Springfield, as the governing municipality of the Plan, assumes and shall complete any activities prescribed it by the urban renewal plan. NOW, THEREFORE, BASED ON THE FOREGOING RECITALS THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD, ORDAINS AS FOLLOWS: ORDINANCE NO. 6210 SECTION 1. APPROVAL OF ORDINANCE AUTHORIZING AN URBAN RENEWAL PLAN ALLOCATING TAXES FROM DOWNTOWN PROPERTIES TO THE DOWNTOWN URBAN RENEWAL PLAN. The Common Council of the City hereby approves the Downtown Urban Renewal Plan and Report set forth in Exhibit A, allocating taxes from downtown area properties to the Downtown Urban Renewal Plan. SECTION 2: ADOPTION OF THE STAFF REPORT. The Staff Report attached hereto as Exhibit B, and the findings and determinations contained therein, are incorporated herein by reference and are hereby adopted. - SECTION 3. NOTICE OF ADOPTION OF THIS ORDINANCE. Within 4 days of the adoption of this Ordinance approving the Downtown Urban Renewal Plan, notice of this action shall be published in the Register Guard, the newspaper having the greatest circulation within the City of Springfield and published nearest to the City of Springfield. SECTION 4. ADDITIONAL AUTHORIZATIONS. The City Manager, the City Recorder, the City Finance Director, and the City Attorney, and each of them acting individually, are hereby authorized, empowered and directed, for and on behalf on the City, to carry out the purposes and intent of the Downtown Urban Renewal Plan. SECTION 5. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect after its second reading and upon its adoption at a regular meeting of the Common Council of the City and approval by the Mayor. SECTION 6. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that holding shall not affect the validity of the remaining portion of this Ordinance. ADOPTED by the Common Council of the City of Springfield by a vote of 5 for and 1 against, this 26tlday of November , 2007. APPROVED by the Mayor of the City of Springfield, this 26th daycof November 2007. ATTEST: Mayor City Record fEVEWED FEND Ad To r-of.:�; 1 DATE:.���SS11�. OFFICE OF Gil Y Al AIMEY ORDINANCE NO. 6210 Downtown Urban Renewal Plan Part One: RENEWAL PLAN Part Two: REPORT ON THE PLAN Springfield Oregon November 26, 2007 ~ �§ .� . a _� ! � } � ��\�. : Lt<y: yd /« x .� � \ \ DOWNTOWN URBAN RENEWAL PLAN This urban renewal plan and report was prepared with funding assistance from the City of Springfield. Springfield citizens participated in 2 townhalls leading to the preparation of the Downtown Urban Renewal Plan and Report. Staff Assistance Gino Grimaldi, City Manager Jeff Towery, Assistant City Manager William Grile, Development Services Director John Tamulonis, Community Development Manager Mark Metzger, Planning Supervisor Courtney Griesel, Planner Urban Renewal Consultant Charles Kupper, Spencer & Kopper Downtown Urban Renewal Plan November 26, 2007 Downtown Urban Renewal Plan Table of Contents 100. The Downtown Urban Renewal Plan 4 200. Citizen Participation 5 300. Relationship to Local Objectives 7 400. Proposed Land Uses 12 500. Outline of Development 14 600. Description of Potential Projects to be Undertaken 16 700. Property Acquisition Procedures 22 800. Property Disposition and Redevelopers' Obligations 23 900. Amendments to the Urban Renewal Plan 24 1000. Maximum Indebtedness 25 1100. Financing Methods 26 1200. Relocation 26 1300. Definitions 27 Exhibit 1 -Boundary Map and Legal Description 29 Exhibit 2 -Zoning Map and Plan Diagram 36 Appendix 1 38 Appendix 2 42 Downtown Urban Renewal Plan November 26, 2007 3 100. THE DOWNTOWN URBAN RENEWAL PLAN A. General The primary goal of this Downtown Urban Renewal Plan is to assist in the revitalization of business and elimination of blight in the downtown area. Urban renewal is ideal for the encouragement of the type of high quality, commercial, industrial, residential and mixed use development that is vital to the economic growth of the City of Springfield. This cannot readily be done without public involvement due to multiple ownerships; high land prices; and a mix of uses that are not conducive to development. The Downtown Urban Renewal Plan includes projects, activities, and actions that treat the causes of the blight and deterioration in the Downtown Urban Renewal Area. The Springfield Economic Development Agency (SEDA), will act as the Urban Renewal Agency to administer the Downtown Urban Renewal Plan. SEDA is comprised of individuals serving as mayor and members of the Springfield City Council, along with two representatives from the Lane County Board of County Commissioners. SEDA currently administers the Glenwood Urban Renewal Plan. The Downtown Urban Renewal Plan consists of Part One — Text and Part Two — Exhibits. This Plan has been prepared pursuant to Oregon Revised Statutes (ORS) Chapter 457, the Oregon Constitution, and all applicable laws and ordinances of the State of Oregon and the City of Springfield respectively. All such applicable laws and ordinances are made part of this Plan, whether expressly referred to in the text or not. The Downtown Urban Renewal Area is a single geographic area with a single continuous boundary within which a variety of activities and projects are contemplated in order to eliminate blight and the causes of blight. The Plan's activities and projects are intended to create an environment conducive to private sector and development of uses compatible with the purposes of this Plan The Downtown Urban Renewal Plan was approved by the City Council of the City of Springfield on November 26, 2007 by Ordinance No. 6210 after recommendation by the Springfield Economic Development Agency Board on November 19, 2007. B. The Renewal Plan Area Boundary The boundary of the Renewal Area is shown in (Map) Exhibit 1 — Page 1, attached to this plan. A legal description of the project boundary is shown in Exhibit I — Page 2, attached to this Plan. Downtown Urban Renewal Plan November 26, 2007 4 200. CITIZEN PARTICIPATION This Urban Renewal Plan was developed under the guidance of the Springfield City Council. In June 2007, the Committee for Citizen Involvement approved a participation plan that included public drop-in meetings, direct mail communications, media articles and other methods of engaging the general public and citizens within the Renewal Plan Area. Staff conducted two broadly advertised public meetings, inviting the general public to discuss urban renewal concepts, and the elements of the draft renewal plan. All meetings were open to the public for discussion and comment. Press releases and news stories about the public meetings and plan development contributed to public awareness and public involvement. In formulating the plan, City and SEDA staff drew from the findings and recommendations of three recent public planning efforts: the Springfield Station Specific Area Plan (2002); the AIA Downtown Charrette 2006; and the updated Downtown Refinement Plan (2005). These planning activities themselves included a high level of public participation in the assessment of downtown needs and in the formulation of recommended solutions. -Staff presented briefings to the Springfield Chamber of Commerce, Springfield Rotary and other community, business, and service organizations. Staff also responded to numerous individual public inquiries about the proposed plan and boundaries that were spurred by media articles and advertisements about the public meetings. Downtown Urban Renewal Plan November 26, 2007 Early in the formation of the Plan, the governing bodies for the Springfield School District 19, the Springfield Utility Board and the Willamalane Park and Recreation District were briefed on the proposed Downtown Urban Renewal Plan. The elected officials comprising these entities were encouraged to give their comments and suggested project ideas. Willamalane submitted conceptual projects that were added to the draft project list for the Urban Renewal Area. Formal review of the Downtown Urban Renewal Plan was conducted by the Springfield Planning Commission in advance of hearings by the City Council. A public hearing on the Plan was held by the Springfield Planning Commission on October 2, 2007. The Planning Commission voted, 7 yes's and 0 no's, to recommend that the Springfield City Council approve the Downtown Urban Renewal Plan at the conclusion of that hearing. As required by - i ORS.457.l20, notice was Z r • provided announcing an j� opportunity for the public hn formulating the plan, City and SEDA staffdrew from the findings to provide comments on and recommendation ofthree recentpublu planning efforts. the draft Downtown Urban Renewal Plan at a public hearing at the Springfield City Hall on November 19, 2007 at 7:00 p.m. The Springfield City Council held the public hearing, received testimony about the draft Plan from the general public along with comments from affected taxing districts. On November 26, 2007 after considering the public testimony about the draft Plan and specifically considering the comments from affected districts, the City Council adopted the draft Plan by non -emergency ordinance. Downtown Urban Renewal Plan November26, 2007 300, RELATIONSHIP TO LOCAL PLANS AND OBJECTIVES The purpose of this Urban Renewal Plan is to eliminate blighting influences found in the Urban Renewal Area, to further goals and objectives outlined in the Eugene -Springfield Metropolitan Area General Plan (Metro Plan), and the Downtown Refinement Plan and to implement development strategies and objectives for the Downtown Urban Renewal Area. The Springfield Station Specific Area Plan (2005), AIA Downtown Charrette (2006) and Springfield Tomorrow planning efforts also contributed to the assessment of downtown needs and to a statement of goals, objectives and activities for revitalizing the downtown. The Urban Renewal Plan is consistent with Metro Plan and the Downtown Refinement Plan and implements the goals and objectives outlined below. Restoring and enhancing the historic Millrace would create an attractive amenityfor downtown. 301. DOWNTOWN URBAN RENEWAL GOALS The eight goals of the Downtown Urban Renewal Plan are not newly discovered or unique to Springfield. They are derived from previous planning efforts and adopted planning policy documents including the Downtown Refinement Plan, and the Metro Plan with its associated functional plans. As broad categories of intent, the Downtown Urban Renewal Goals are listed below: A. Promote Public and Private Improvement B. Rehabilitate Building Stock C. Improve Streets, Streetscapes, Parks and Open Spaces D. Make Utility Improvements E. Construct or Rehabilitate Parking Facilities F. Construct or Rehabilitate Public Facilities Downtown Urban Renewal Plan November 26, 2007 7 G. Improve and Expand Housing Opportunities H. Improve Public Signage and Make Gateway Improvements to the Downtown Each of these goals is further defined in Appendix 1 of this document. Achieving these goals is the objective of the combined projects listed in Section 600. The eight goals embody the spirit, optimism and commitment of downtown property owners, businesses, community organizations, and the general public. They establish a positive vision for downtown Springfield. These goals are deliberately achievable and intended to recognize the value of enduring public-private partnerships. They are also intended to encompass the goals and reflect the vision of the Downtown Refinement Plan. Attractive redevelopment that provides off-street parking would benefit downtown, This cross-section diagram shows mixed-use development with parking located in an off-street court with alley access. The Downtown Refinement Plan's goals are listed below: Create a Pedestrian and Transit Friendly Downtown. Develop a setting that is conducive to walking, bicycling and transit while providing accessibility to regional automobile and, freight networks. Provide safe and walkable streets. Preserve the Past. Enhance the downtown's future character by preserving the best of its past. Promote appropriate in -fill construction and historic preservation of the existing buildings. Downtown Urban Renewal Plan November 16, 2007 Reconnecting downtown to the Willamette River is an important goal for downtown redevelopment. Reconnect to Key Natural Resource Features. Connect the downtown with the Millrace and Island Park, and provide opportunities for appropriate downtown uses adjacent to these areas. Alive After Five. Encourage evening activity in the downtown with dining, cultural and entertainment opportunities for all ages. Increase housing development in the downtown to generate the 18 to 24-hour city. Revitalize the Downtown with New Uses. Create new opportunities for office, commercial, residential, civic, and mixed uses. Encourage high-density uses that are transit -oriented and located within a short walk from Springfield Station. Ensure Adequate Parking. Provide parking that supports a vital downtown Create Civic Gathering Places. Create great public spaces, both large and small. Consider creation of a town square. Identify Catalyst Projects. Identify projects that will spur growth in the downtown, including improvements that can be successfully accomplished in the short term. Downtown Urban Renewal Plan November 26, 2007 Create Downtown Partnerships. Collaborate with Lane Transit District, the Springfield Renaissance Development Corporation, and other groups to coordinate efforts and build community support. Establish a Positive Identityfor the Downtown. Work with downtown business interests and the Springfield community to foster a positive identity and sense of pride for the downtown. Develop the Downtown as the Gateway to Springfield. Work to achieve a visual impression in the Downtown that reflects well on the rest of the City. Public parking areas can be redeveloped as multi -use plazas which could serve as public gathering areas for special events. 302. CONSISTENCY WITH LOCAL AND REGIONAL PLANNING OBJECTIVES AND POLICIES ORS 457.085 requires that an urban renewal plan relate to definite local objectives. The Eugene -Springfield Metropolitan Area General Plan (Metro Plan) is currently the City's comprehensive land use plan. It was adopted locally and acknowledged by the Land Conservation and Development Commission (LCDC) in 1982 and amended in 1987. The Metro Plan is Springfield's comprehensive plan and controlling land use document. The Metro Plan considers a wide range of goals and policies relating to land uses, traffic, transportation, public utilities, recreation and community facilities, economic development, housing and environmental protection. The Downtown Urban Renewal Plan advances many of those goals. Downtown Urban Renewal Plan November 26, 2007 10 As used in this document, the term "Metro Plan" refers not only to the Eugene - Springfield Metropolitan Area General Plan as a document in itself, but also those adopted neighborhood and special purpose/functional refinement plans which implement and are subservient to the Metropolitan Area General Plan itself. Periodic review of the Metro Plan was completed locally and approved in accordance with the post - acknowledgment procedures of ORS 197 in 2006. Other portions of the Metro Plan which affect the Urban Renewal Plan, such as the Downtown Refinement Plan (regulating land use in the entire area included in the Downtown Urban Renewal Plan), Willamalane Parks and Recreation Comprehensive Plan, and the TransPlan (special purpose/functional refinement plans of the Metro Plan) were adopted by the City Council, and approved in accordance with state post -acknowledgment procedures. The projects in the Urban Renewal Plan also advance goals and objectives set forth in other adopted plan documents. These findings are outlined in Appendix 2. Projects listed in the Downtown Urban Renewal Plan project list are supported by policies from the Metro Plan, the Downtown Refinement Plan, Trans Plan, and the Willamalane Comprehensive Plan. Redevelopment ofthe Main Sneet/South A Street Corridor is the focus ofthe Downtown Urban Renewal Plan. Downtown Urban Renewal Plan November 26, 2007 11 400. PROPOSED LAND USES The projects and uses proposed by the Downtown Urban Renewal Plan conform to the land use designations and zoning within the Renewal Area and are consistent with the Metro Plan Diagram, Downtown Refinement Plan, and Springfield Zoning Map. Exhibit 2 includes the Metro Plan Diagram, Downtown Refinement Plan Diagram, and the Zoning Map for the Urban Renewal Area. The Downtown Urban Renewal Plan includes approximately 417 acres* of residential, commercial, industrial and publicly zoned lands. About 268 acres of residential, commercial and industrial lands are "non-exempt' properties that will contribute tax increment revenues to the Renewal Area. Table 1 presents the distribution in acres and percentage for these uses. Table 1. Downtown Urban Renewal Area Uses by Acreage and Percent' • The entire Downtown Urban Renewal Area includes 537 acres. This number includes all sheets and right-of-ways. Streets and right-of-ways do not carry zoning designations. °• Public and tax-exempt lands such as parks, public buildings, churches and fraternal organizations are excluded from these figures. Table 2 briefly describes the land uses allowed within the zoning districts represented within the Downtown Urban Renewal Area. Table 2. Downtown Plan and Zoning Designation and Description of Uses Land Use Total Non- Residential** Commercial** Industrial** Downtown Parcel Acres Exem t P Parcel I.ow Density Residential Medium Density Res. High Density Residential Community Commercial Mixed -Use Commercial Heavy Industrial Light -Medium Ind, Urban multi -family housing types. The prescribed development density is between Acres** Mixed -Use ResuNamal High Density Booth Kelly MU Renewal Area family types, often reaching more than 3 stories in height. The prescribed density is between 20 and 40 units per acre. 417 268 49 acres/ 12% 91 acres/ 23% 128 acres/ 28% • The entire Downtown Urban Renewal Area includes 537 acres. This number includes all sheets and right-of-ways. Streets and right-of-ways do not carry zoning designations. °• Public and tax-exempt lands such as parks, public buildings, churches and fraternal organizations are excluded from these figures. Table 2 briefly describes the land uses allowed within the zoning districts represented within the Downtown Urban Renewal Area. Table 2. Downtown Plan and Zoning Designation and Description of Uses Land Use Description of Uses Designations Low Density This designation includes single-family residential with duplexes and some Residential auxiliary uses allowed (foster care, day care, etc.). Development density is limited to 10 dwelling units per acre. Medium Density This designation includes apartment complexes, condominiums and other Residential multi -family housing types. The prescribed development density is between 10 and 20 dwelling units per acre. High Density This designation includes apartments and condominiums and other multi - Residential family types, often reaching more than 3 stories in height. The prescribed density is between 20 and 40 units per acre. Downtown Urban Renewal Plan November 26, 2007 12 Mixed -Use Mixed-use Residential allows a compatible mix of multi -family housing types Residential with small scale commercial uses. No more than about 20% of the development can be commercial. Residential uses dominate. Community This category includes more commercial activities than neighborhood Commercial commercial but less than large malls and retail centers. Such areas usually develop around a small department store and supermarket. The development occupies at least five acres and normally not more than 40 acres. This category contains such general activities as retail stores; personal services; financial, insurance, and real estate offices; private recreational facilities, such as movie theaters; and tourist -related facilities, such as motels. Mixed -Use Mixed -Use Commercial allows for a compatible mix of commercial and Commercial multi -family residential uses with commercial uses dominating on the ground level. Mixed-use commercial developments often feature ground -level commercial uses with apartments or other residential uses upstairs. Special design standards are intended to make development attractive and pedestrian - friendly. Nodal The downtown core area is designated for nodal development by the Metro Development Plan. The Nodal Development Overlay applies to the area downtown zoned Overlay Mixed -Use Commercial and Mixed -Use Residential. Mixed-use implements (applied to the nodal development designation described in the Metro Plan. Nodal Mixed -Use development is a mixed-use pedestrian -friendly land use pattern that seeks to Residential and increase concentrations of population and employment in well-defined areas • Commercial) with good transit service, a mix of diverse and compatible land uses, and public and private improvements designed to be pedestrian and transit oriented. Light -Medium This designation accommodates a variety of industries, including those Industrial involved in the secondary processing of materials into components, the assembly of components into finished products, transportation, communication and utilities, wholesaling and warehousing. The external impact from these uses is generally less than Heavy Industrial. This designation may also accommodate supporting offices and commercial activities. Heavy Industrial This designation generally accommodates industries that process large volumes of raw materials into refined products and/or that have significant external impacts. Examples of heavy industry include: lumber and wood products manufacturing; pgper, chemicals and primary metal manufacturing; large-scale storage of hazardous materials; power plants; and railroad yards. Such industries often are energy -intensive, and resource -intensive. Booth Kelly This designation is unique to the former Booth Kelly Mill site, south of the Mixed -Use intersection of South A and 5' Streets and provides for a mixed-use employment center that compliments the downtown area. A variety of commercial. Industrial, residential and recreational uses are allowed within the area. A conceptual development plan and site plan review is required to ensure that land use conflicts are minimized and that the full potential of the site is maximized. Downtown Urban Renewal Platt November 26, 2007 13 500. OUTLINE OF DEVELOPMENT Projects designed to eliminate blight and deterioration in the Urban Renewal Area are key components of the Downtown Urban Renewal Plan. Blighting conditions found in the downtown area constrain future development called for in the Downtown Refinement Plan and other City planning documents. The Plan's projects and activities include: 1. Improvements to streets, curbs, and sidewalks, as described in Section 600A of this Plan, will address blighting conditions noted in Section 100A of the Report on this Plan, and will encourage new development in the project area, also addressing pedestrian and vehicular safety problems; 2. Improvements to water, storm and sanitary sewer infrastructure, as described in Section 600A of this Plan, will address blighting conditions noted in Section 100A of the Report on this Plan, and will encourage new development in the project area; 3. Improvements to the visual appearance of the Renewal Area, as described in Section 600A of this Plan, will provide a safer, more attractive pedestrian environment, including streetscape and landscape improvements, and development of public parks and open spaces, as described in Section 100A of the Report on this Plan; 4. Improvements to existing public parking facilities and construction of new public facilities as needed to meet current and future needs, as described in Section 600A of this Plan, will address the current parking conditions noted in Section 100A of the Report on this Plan; 5. Financial assistance to rehabilitate and renovate blighted properties in the Renewal Area, as described in Section 600B of this Plan will address blighting conditions noted in Section 100A of the Report on this Plan; 6 Financial assistance to encourage new construction, as described in Section 600B of this Plan, will address conditions noted in Section 100A of the Report on this Plan, and contribute to economic and social revitalization within the Renewal Area; 7. Acquisition and disposal of land for public improvements, rights-of-way, utility improvements, and private development, as described in Section 600C of this Plan, will address conditions noted in Section 100A of the Report on this Plan; and 8. Administration and support of the Renewal Agency and the Downtown Urban Renewal Plan, as described in Section 600D of this Plan, will assure the plan is carried out effectively, as noted in Section 400 of the Report on this Plan. Downtown Urban Renewal Plan November 26, 2007 14 Please refer to Section 600 of this Plan for further description of potential urban renewal projects to be undertaken within the Downtown Urban Renewal Area. Downtown Urban Renewal Plan November 16, 2007 15 600. DESCRIPTION OF POTENTIAL PROJECTS TO BE UNDERTAKEN In order to achieve the objectives of this Plan, the following activities will be undertaken on behalf of the City by the Springfield Economic Development Agency (SEDA) the City's Urban Renewal Agency in accordance with applicable federal, state, county, and city laws, policies, and procedures. SEDA may fund these activities in full, or in part, or seek other sources of funding for them. The list of projects was developed during the public involvement process as the most important projects to undertake. The intent in describing these projects and activities includes establishing, through this Plan, the general and specific authority to undertake these projects and activities within the Urban Renewal Area. It is not assumed that these projects will be entirely funded with urban renewal fonds. It is not possible to foresee all the changing conditions and events that may occur during the life of this Plan. Such projects will be added to the plan by amendment, if such amendment is required by Section 900 of this plan. These projects and activities may be modified, or expanded upon as needed to meet renewal plan objectives. Changes will be undertaken in accordance with procedures for amendments to this Plan. A. PUBLIC IMPROVEMENTS Public improvements include the construction, repair, or replacement of sidewalks, streets, parking, parks and open spaces, pedestrian amenities, water, sanitary sewer and storm sewer facilities, wetlands and riverside/riparian improvements, and other public facilities necessary to carry out the goals and objectives of this Plan. South "A"Street also serves as Oregon State Hwy 116, Business Route, carrying a high volume of traffec Downtown Urban Renewal Plan November 26, 2007 16 1. Street Construction and Circulation Improvements. These provide the construction of improvements throughout the Urban Renewal Area and include, but are not limited to, landscaping, construction, reconstruction, repair or replacement of streets, sidewalks, bike and pedestrian amenities, public transit facilities, and acquisition of land, right of ways, easements and other land rights. Identified projects include but are not limited to: • South A and Main Street couplet redesign; • North A "Civic Street" curb and streetscape improvements; and • Pedestrian amenity improvements on A Street from 8s' to Mill Street. Other specific oroiects may be identified during the life of this plan 2. Infrastructure and Utilities Improvements. These activities allow SEDA to construct and improve infrastructure and utilities throughout the Downtown Urban Renewal Area. These projects include, but are not limited to, construction, reconstruction, repair, upgrading, and over sizing or replacement of electric, water, sanitary sewer and storm drainage facilities, relocation of overhead line to underground locations, and acquisition of land, right of ways, easements and other land rights. SEDA shall, as deemed appropriate; assist the utility providers in building new links and repairing and upgrading selected portions of these utility service systems to enhance opportunities or secure development. Identified projects including, but not limited to: • Undergrounding of overhead utilities from Mill to 10`" Street and between So. A and B Street; and • Stormwater system upgrades to provide adequate capacity for a fully developed renewal area. Other specific oroiects may be identified during the life of this plan. 3. Public Facilities Improvements. These activities include construction and improvement of public facilities throughout the Downtown Urban Renewal Area including the list below and the brief explanations following: • Relocation of a Downtown fire station; • Construction of a Springfield Library building; • Downtown parking construction and upgrades; • Downtown public art showcases; • Island park Facilities Upgrades; • Springfield Museum improvements; • School District facility upgrades; and • Millrace improvements, restoration; and supporting land acquisition The relocation of a Downtown fire station will provide better coverage of service to the Downtown area. Complete coverage will become increasingly important as the population, both commercial and residential, within the Downtown Urban Renewal Area rise. Construction of a new Springfield Library facility will allow for future expansion while adequately serving the patrons of today. With a larger facility the Library will be able to offer increased services, attracting additional citizens to the Downtown area. Convenient, safe, visible parking facilities are necessary supports for any downtown business center. Downtown parking upgrades and the construction of a new parking Downtown Urban Renewal Plan November 26, 2007 17 facility will provide much needed parking to the retail core of Downtown, as well as to surrounding employment and residential centers. Downtown art such as the murals that currently grace the walls of downtown buildings create an interesting and attractive environment that replaces the graffiti and deteriorating building exteriors that are typical of blighted areas. Visitors to these sites add to the downtown economy as many shop and eat in the downtown as well. Improving Island Park Facilities will enhance the Pak environment along the waterfront and within the Downtown Core. Parks increase the quality of life by serving as enjoyable gathering places for visitors, residents, and employees of the downtown area. Improvements to the Springfield Museum facility will increase Downtown visits and foot traffic by providing an enhanced amenity and honoring Springfield heritage and pride. Upgrades to School District 19 facilities will increase the quality of learning environment and efficiency of services provided to affected students and surrounding residences. Restoration and improvements to the Springfield Millrace/pond will increase the land value while providing a healthy amenity, for the Downtown area. A portion of the Millrace/pond is located outside both the Springfield city limits and the Downtown Urban Renewal Boundary. The Urban Renewal Agency may make improvements to the Springfield Millrace/pond in its entirety, possibly extending outside the city limits and the urban renewal boundary as these improvements will ensure the quality and sustainability of the entire project. Public improvements such as those listed above are important supports to the function of a healthy downtown. Parks, the Springfield Museum, the Island Park Facilities, and the Millrace/pond improvement projects are positive attractors to the downtown area and provide services and amenities to visitors downtown, residents, retail and service firms, as well as, employees. Projects within the Renewal Area, extending outside the boundary, such as the Millrace/pond, may exist. Provisions have been made within the project list, included as Tables 6 and 9 in the Report on this Plan, for such circumstances. Other specific ejects may be identified during the life of this plan. 4. Parks, Recreation, Pedestrian and Bike Corridors, and Other Public Amenity Improvements. These activities will include, but are not limited to, pedestrian, bicycle and transit connections linking the Renewal Area with adjacent areas in and around Downtown. Improvements to these connections may include, but are not limited to, street lighting, trash receptacles, benches, historical markers, street trees and landscaping, and signage. Actual projects may include, but are not limited to: Downtown Millrace Access, Restoration, and Improvements Downtown Parks Development and Improvements Other specific projects may be identified during the life of this plan. Downtown Urban Renewal Plan November 26, 2007 18 Pada increase the quality ofltfe by serving as enjoyable gathering places for visitors, residents, and employees ofthe downtown SEDA may participate in funding the design, acquisition, construction or rehabilitation of existing or new park sites or other appropriate public spaces, or parks or public facilities within the Urban Renewal Area, including improvements listed in the Willamalane Parks and Recreation Comprehensive Plan. These park and pedestrian -friendly improvements include suitable signage, markers, art and related improvements to signify the major assets in the Renewal Area and the entrances to the City. These projects will improve the visual appearance of the Renewal Area by adding public amenities downtown. 5. Public Safety Improvements. To achieve the objectives of this Plan, and to target public investments in a manner which benefits the Renewal Area and Springfield residents, the SEDA is authorized to improve, acquire or construct safety-related, health, and public -service -related facilities within the Urban Renewal Area. Downtown Urban Renewal Plan November 26, 2007 19 B. PRESERVATION, REHABILIATION, DEVELOPMENT AND REDEVELOPMENT St. Vincent DePaul mixed-use residential development caters to a wide variety ofcommunin offering ground floor commercial and office space as well as low income living units above. 1. Redevelopment through New Construction. It is the intent of this Plan to stimulate new investment by public, private, non-profit, or community-based organizations by facilitating redevelopment of underutilized property, and in particular, to assure that new investments serve to benefit the existing residents and businesses in the area. Redevelopment through new construction may be achieved in two ways: (a) By public or private property owners, with or without financial assistance by the Agency; (b) ' By acquisition of property by the Agency for redevelopment or resale to others for redevelopment. Downtown Urban Renewal Plan November 26, 2007 20 2. Redevelopment and Rehabilitation Financing. As it may deem appropriate in order to achieve the objectives of this Plan, SEDA may set guidelines, establish loan programs and provide below-market interest rate and market rate loans and provide such other fors of financial assistance to property owners and those desiring to redevelop, rehabilitate, and acquire property. These grant and loan programs will be consistent with the provisions set forth in Section 800 of this Plan. Any grant and loan programs developed for owner-occupied residential structures will be Invited to assistance for primarily low- and moderate income households in correcting health and safety problems and substandard housing. 3. Preservation, Rehabilitation, and Conservation. Projects and activities in this category will enable SEDA to advance renewal and comprehensive plan goals for (i) improving Springfield's economy, and (ii) improving the appearance and vitality of the Downtown area. As allowed by state and federal law, SEDA may participate, through loans, grants, or both, in assisting development of new public and private buildings and facilities in the renewal area by establishing grant and loan programs. These programs might include, for example, grants and loans for private building fagadc improvements and for eliminating substandard structural conditions and interior remodeling. SEDA may make this assistance available as it deems necessary to achieve the objectives of this Plan. C. PROPERTY ACQUISITION AND DISPOSITION In order to carry out the objectives of this Plan, SEDA is authorized to acquire land or buildings for public and private development/redevelopment purposes. The procedures for acquiring and disposing of property are described in Sections 700 and 800 of this Plan. D. PLAN TECHNICAL STUDIES AND ADMINISTRATION Administration of the Downtown Urban Renewal Plan and implementation of its projects and activities will be done in an effective, efficient and financially responsible manner. SEDA funds may be utilized to pay indebtedness associated with preparation of the urban renewal plan, to carry out design plans, miscellaneous land use and public facility studies, engineering, market analyses and programs, and other technical studies as may be needed to fulfill the Plan's goals. SEDA funds may be utilized to pay for marketing materials and programs to assist in carrying out the objectives of the redevelopment plan. Downtown Urban Renewal Plan November 26, 2007 21 700. PROPERTY ACQUISITION PROCEDURES Acquisition of real property may be necessary to advance the goals of this Plan. Property for public or private preservation, rehabilitation, development, or redevelopment may be acquired by gift, eminent domain or any other lawful method when acquisition is needed for development or redevelopment. SEDA is authorized to acquire property within the Urban Renewal Area, if necessary by any legal means to achieve the objectives of this Plan. Property acquisition, including limited interest acquisition, is hereby made a part of this Plan and may be used to achieve the objectives of this Plan. All acquisition of property by SEDA must comply with Section 900 of this Plan. A. ACQUISITION REQUIRING CITY, COUNCIL RATIFICATION. City Council ratification is required for SEDA acquisitions for the following purposes: 1. Assembling land for development by the public or private sector. Such acquisition shall be undertaken only following completion of an amendment to this Plan as set forth in Section 900.0 of this Plan. The City Council shall ratify the amendment to this Plan by resolution. 2. Where conditions exist that may affect the health, safety and welfare of the Area and it is determined that acquisition of such properties and demolition of the improvements thereon are necessary to remove substandard and blighting conditions, acquisition shall be undertaken only following completion of an amendment to this Plan as set forth in Section 900.0 of this Plan. The City Council shall ratify the amendment to this Plan by resolution. 3. Acquisition for any purpose that requires the use of the Agency's powers of eminent domain. Such acquisition shall be undertaken only following completion of an amendment to this Plan as set forth in Section 900.0 of this Plan. The City Council shall ratify the amendment to this Plan by resolution. B. ACQUISITION NOT REQUIRING CITY COUNCIL RATIFICATION. Land acquisition not requiring City Council ratification requires an amendment to this Plan as set forth in Section 900.13 of this Plan. The minor amendment to the Renewal Plan may be adopted by the Renewal Agency by Resolution. The Agency may acquire land without Council ratification where the following conditions exist: I. Where it is determined that the property is needed to provide public improvements and facilities as follows: a. Right-of-way acquisition for streets, alleys or pedestrian ways; b. Right-of-way and easement acquisition for water, sewer, and other utilities c. Property acquisition for public use or for public buildings and facilities 2. Where the owner of real property within the boundaries of the Area wishes to convey title of such property by any means, including by gift. Downtown Urban Renewal Plan November 26, 2007 22 C. PROPERTIES TO BE ACQUIRED At the time this plan is prepared, no properties are identified for acquisition. If plan amendments to acquire property are approved, a map exhibit shall be prepared showing the properties to be acquired and the property will be added to the list of properties to be acquired. The list of properties acquired will be shown in this section of the Plan. The map exhibit shall be appropriately numbered and shall be included in Part Two as an official part of this Urban Renewal Plan. 800. PROPERTY DISPOSITION AND REDEVELOPERS' OBLIGATIONS A. PROPERTY DISPOSITION AND REDEVELOPMENT The SEDA is authorized to dispose of acquired property by sale, lease, exchange, or other appropriate means for redevelopment and development uses and purposes specified in this Plan. If property is identified for public acquisition in this Plan, SEDA proposes to commence disposition of property within five (5) years from the date of identifying those properties in this plan, and to complete disposition within ten (10) years from such approval. Publicly acquired properties may be disposed by sale, lease, exchange or dedication or by any other lawful means when disposition is deemed necessary for the following purposes: 1. Road, street, pedestrian, bikeway, and utility projects, and other right-of-way improvements listed in Section 600 of this plan. 2. Construction of public facilities in Section 600 of this plan. 3. Redevelopment by private redevelopers for purposes consistent with the goals of this plan. Such disposition will be in accordance with the terms of a Disposition & Development Agreement between the Developer and SEDA and with the developer's obligations pursuant to Section 800 B of this Plan. SEDA may dispose of any land it has acquired at fair reuse value and may define the fair reuse value of any land. B. DEVELOPERS' OBLIGATIONS Developers seeking assistance by SEDA through the benefit of one or more of the Agency's projects or activities within the Urban Renewal Area will be subject to controls and obligations imposed by the provisions of this Plan, including the following requirements: 1. The developer shall develop or redevelop property in accordance with the land - use provisions and other requirements specified in this Plan and in the legally Downtown Urban Renewal Plan November 26, 2007 23 applicable local land use plans and zoning provisions for the Downtown Urban Renewal Area. 2. SEDA may require the redeveloper to execute a development agreement acceptable to the Renewal Agency as a condition of any form of assistance by the Renewal Agency. The developer shall accept all conditions and agreements as may be required by the Renewal Agency in order to receive assistance from the Agency. 3. The developer shall submit to SEDA (or its designated agent) for Agency review and approval, all plans and specifications for construction of SEDA-assisted improvements prior to distribution of these improvements to other reviewing bodies as required by the City's building permit review procedures. 4. Any private project benefiting from SEDA assistance shall commence and be completed within a reasonable time, as determined by SEDA. 5. Any developer benefiting from SEDA assistance shall not affect any instrument whereby the sale, lease, or occupancy of the real property, or any part thereof, is restricted upon the basis of age, race, color, religion, sex, marital status, or national origin. 900. AMENDMENTS TO THE URBAN RENEWAL PLAN It is anticipated that this Downtown Urban Renewal Plan will be reviewed periodically during the life of the Plan. The Plan may be changed, modified, or amended as future conditions warrant. Types of Renewal Plan amendments are: A. SUBSTANTIAL AMENDMENTS Substantial amendments consist of: 1. Increases in the Downtown Urban Renewal Area boundary in cumulative excess of 1% shall be a substantial amendment requiring approval per ORS 457.095 and notice as provided in ORS 457.120. 2. Increasing the maximum amount of indebtedness to be issued under the plan shall be a substantial amendment requiring approval per ORS 457.095 and notice as provided in ORS 457.120. B. AMENDMENTS NOT REQUIRING SPECIAL NOTICE The following Plan amendments will require approval per ORS 457.095 but will not require special notice as provided in ORS 457.120: 1. The addition of improvements or activities which represent a substantial change in the purpose and objectives of this Plan, and which cost more than $500,000, Downtown Urban Renewal Plan November 26, 2007 24 shall be a substantial amendment requiring approval per ORS 457.095, but not requiring notice as provided in ORS 457.120. The $500,000 amount will be adjusted annually from the year 2008 according to the "Engineering News Record" construction cost index for the Northwestern United States. 2. The addition of improvements or activities that substantially alter the goals and objectives of the Urban Renewal Plan. C. AMENDMENTS REQUIRING APPROVAL BY CITY COUNCIL ONLY The following Plan amendments must be approved by the Renewal Agency by resolution and presented to City Council for required approval by City Council resolution: 1. Acquisition of property for purposes specified in Sections 700A of this Downtown Urban Renewal Plan. D. MINOR AMENDMENTS Minor amendments may be approved by the Renewal Agency in resolution form. Such amendments are defined as: 1. Amendments to clarify language, add graphic exhibits, make minor modifications in the scope or location of improvements authorized by this Plan, or other such modifications which do not change the basic planning or engineering principles of the Plan. 2. Acquisition of property for purposes specified in Section 700 Bl and B2 of this Plan. 3. Addition of a project substantially different from those identified in Sections 600 of the Plan or substantial modification of a project identified in Section 600 if the addition or modification of the project costs less than $500,000 in 2008 dollars. 4. Increases in the urban renewal area boundary not in cumulative excess of 1 %. 1000. MAXIMUM INDEBTEDNESS The Maximum Indebtedness authorized under this plan is forty-three million, ten thousand dollars ($43,010,000). This amount is the principle of such indebtedness and does not include interest or indebtedness incurred to refund, or refinance such indebtedness. Downtown Urban Renewal Plan November 16, 2007 25 1100. FINANCING METHODS /_RNW0110"T.111 The Urban Renewal Agency may borrow money and accept advances, loans, grants and other forms of financial assistance from the federal government, the state, city, county or other public body, or from any sources, public or private for the purposes of paying indebtedness incurred in undertaking and carrying out this Plan. In addition, the Agency may borrow money from or lend money to a public agency in conjunction with a joint undertaking of a project authorized by this Plan. If such funds are loaned, the Agency may promulgate rules and procedures for the methods and conditions of payment of such loans. 1:711►_- R N.7d8IdN 80WI/•\0119111 This Plan will be financed in whole, or in part, by tax increment revenues. The ad vaknum taxes levied by all taxing districts in which all or a portion of the Urban Renewal Area is located shall be divided as provided in Section 1 C, Article D: of the Oregon Constitution and ORS 457.420 to 457.460. C. PRIOR INDEBTEDNESS Any indebtedness permitted by law and incurred by the Urban Renewal Agency or the City in connection with preplanning for this Urban Renewal Plan shall be repaid from tax increment proceeds generated pursuant to this section. 1200. RELOCATION To the extent required by law, SEDA will provide relocation assistance to all persons or businesses displaced temporarily or permanently by project activities. As required, those displaced will be given assistance in finding replacement properties. As required, all persons or businesses which may be displaced will be contacted to determine specific relocation needs and will be provided information on available housing or commercial/industrial property as may be applicable, and will be given assistance in moving. All relocation activities will be undertaken and payments made in accordance with the requirements of ORS 35.500 - 35.530 and any other applicable laws or regulations. Relocation payments will be made as provided in ORS 281.060. Payments made to persons displaced from dwellings will assure that they will have available to them decent, safe, and sanitary dwellings at costs or rents within their financial reach. As required, payment for moving expenses will be made to residents and businesses displaced. SEDA may contract with Oregon Department of Transportation or other parties to help administer its relocation program. Downtown Urban Renewal Plan November 26, 2007 26 1300. DEFINITIONS The following definitions will govern the construction of this Plan unless the context otherwise requires: "Agency", "Renewal Agency", "Urban Renewal Agency", "Springfield Economic Development Agency", or "SEDA" means the Urban Renewal Agency of the City of Springfield, Oregon. "Area" means the area included within the boundaries of the Springfield Downtown Urban Renewal Plan. "City" means the City of Springfield, Oregon. "City Council" means the City Council of the City of Springfield, Oregon. "Comprehensive Plan" means the City's Comprehensive Land Use Plan and its implementing ordinances, policies, refinement plans, and development standards. "County" means the County of Lane, State of Oregon. "Displaced" person or business means any person or business that is required to relocate as a result of action by the Urban Renewal Agency to vacate a property for public use or purpose. "Disposition and Development Agreement" means an agreement between the Urban Renewal Agency and a private developer which sets forth the terms and conditions under which will govern the disposition of land to a private developer. "Exhibit" means an attachment, either narrative or map, to the Urban Renewal Plan for the Springfield Downtown Urban Renewal Area, Part Two -Exhibits. "ORS" means Oregon Revised Statute (State Law) and specifically Chapter 457 thereof. "Plan" means the Urban Renewal Plan for the Springfield Downtown Urban Renewal Area, Parts One and Two. "Plan Area" means the area included within the boundaries of the Springfield Downtown Urban Renewal Plan. "Planning Commission" means the Planning Commission of the City of Springfield, Oregon. "Project, Activity or Project Activity" means any undertaking or activity within the Renewal Area, such as a public improvement, street project or other activity authorized and for which implementing provisions are set forth in the Urban Renewal Plan. Downtown Urban Renewal Plan November 26, 2007 27 'Public Safety Project' means projects intended to assist police, fire, ambulance, and emergency services in the City of Springfield or in Lane County within the Plan Area. "Renewal Area" means the area included within the boundaries of the Springfield Downtown Urban Renewal Plan. "Report" means the report accompanying the Plan, as provided in ORS 457.085 (3). "Developer" means any individual or group acquiring property from the Urban Renewal Agency or receiving financial assistance for the physical improvement of privately or publicly held structures and land. "SEDA" means the Springfield Economic Development Agency. "Text" means the Urban Renewal Plan for the Springfield Downtown Urban Renewal Area, Part One - Text. "Urban Renewal Area", "Springfield Downtown Urban Renewal Area', "Urban Renewal Area", or "Renewal Area" means the geographic area for which this Urban Renewal Plan has been approved. The boundary of the Urban Renewal Area is described in Exhibits made apart of this plan. Attachments to the Springfield Downtown Urban Renewal Plan: Exhibit 1 -Boundary Map and Legal Description Exhibit 2 -Zoning Map and Plan Diagram Appendix 1— Detailed Goal Description Appendix 2— Detailed Outline of Consistency with Local and Regional Planning Objectives Downtown Urban Renewal Plan November 26, 2007 28 EXHIBIT 1 (continued) Downtown Urban Renewal Boundary Legal Description Beginning at the Northeast corner of the intersection of "E" Street and Pioneer Parkway West (formerly 2n" Street), said point is the Southwest corner of Lot 10, Block 93 of Washburne's Subdivision of the Springfield Investment and Power Company's Addition to Springfield, as platted and recorded in Book 2, Page 73, Plat Records of Lane County, Oregon (current tax lot 17-03-35-23-03800); thence Southerly along the Easterly right of way line of Pioneer Parkway West (formerly 2n" Street) 645 feet, more or less to the Northeast corner of "C' Street and Pioneer Parkway West (formerly 2n" Street), said point is the Southwest corner of Lot 5, Block 26 of the Map of Springfield as platted and recorded in Book I, Page 1, Plat Records of Lane County, Oregon; thence Easterly along the Northerly right of way of "C' Street 527 feet, more or less to the Southeast comer of Lot 7, Block 29, of the Map of Springfield as platted and recorded in Book I, Page 1, Plat Records of Lane County, Oregon; thence Southerly 186 feet, more or less, across "C' Street and along the Westerly line of Lot 1, Block 28 of the Map of Springfield as platted and recorded in Book I, Page 1, Plat Records of Lane County, Oregon to the Southwesterly corner thereof; thence Easterly along the Northerly line of an alley 462 feet, more or less to the Southeast corner of Lot 4, Block 7 of Kelly's Addition to Springfield, platted and recorded in Volume W, page 20, Plat Records of Lane County, Oregon, said point is on the Easterly right of way of 5' Street (Southwest corner of current tax lot 17-03-35-24- 13100); thence Southerly along the Easterly right of way of 5" Street 134 feet, more or less, to the Southwest corner of above said Block 7, said paint the Northeast corner of 5'" Street and "B" Street; thence Easterly along the Northerly right of way line of "B" Street, 324 feet, more or less to the Northeast corner of "B" Street and 6" Street, said point is the Southwest corner of Block 74 of the Springfield Investment and Power Company's Addition, as platted and recorded in Volume 25, Page 306 and 307, plat records of Lane County, Oregon; thence Southerly along the Easterly right of way of 6o' Street 185 feet, more or less, to a point of intersection with the Northerly line of an East-West alley in Block 73 of Springfield Investment and Power Company Addition to Springfield, Oregon, said point is also the Southwest corner of the East Parcel of the Springfield Dental Arts Condominiums plat, filed and recorded on File 75, Slide 78, Plat Records of Lane County, Oregon; thence Easterly along the Northerly line of said alley 320 feet, more or less, to a point on the Westerly right of way of 7t" Street; Downtown Urban Renewal Plan November 26,-2007 30 thence Northerly along the Westerly right of way 185 feet, more or less to the Northwest corner of 7� Street and "B" Street, said point is the Southwest corner of Lot 20, Block 74 of the Springfield Investment and Power Company Addition (southwest comer of current tax lot 17-03-35-24-15700); thence Easterly along the Northerly right of way of "B" Street 504 feet, more or less, to the Southeast comer of Lot 12, Block 76 of the Springfield Investment and Power Company Addition; thence Southerly 185 feet, more or less, across "B" Street and along the common lot line between Lots 8 and 9, of Block 71 of the Springfield Investment and Power Company Addition to the North line of an East-West alley (southwest corner of current tax lot 17- 03-35-42-01300); thence Easterly along the Northerly line of last said alley, 64 feet, more or less, to the Southwest corner of Lot 6, Block 71 of the Springfield Investment and Power Company Addition; thence Southerly across last said alley and along the Westerly line of Lot 15, Block 71 of the Springfield Investment and Power Company Addition, 134 feet, more or less, to the Southwest corner thereof, said point lies on the Northerly right of way line of "A" Street; thence Easterly along the Northerly right of way of "A" Street 1515 feet, more or less to the Northwest corner of "A" Street and 12� Street (southeast corner of current tax lot 17- 03-35-41-00700); thence Northerly along the Westerly right of way of 12" Street 135 feet, more or less, to a point of intersection with the Northerly line of an East — West alley, said point is the Southeast corner of Parcel 2 of Land Partition Plat No. 2003-P1728, filed December 2, 2003 at Reception No. 2003-116045, Lane County Deeds and Records in Lane County, Oregon (southeast corner of current lax lot 17-03-35-14-18402); thence Easterly along the Northerly line of the last said alley and across 10 Street, 1020 feet, more or less, to the point of intersection of the Easterly right of way line of 14" Street and the Northerly line of an East — West alley (southwest corner of current tax lot 17-03-36-23-13600); thence Southerly along the Easterly right of way of 14'" Street, 321 feet, more or less, to a point of intersection with the Northerly line of an East — West alley (southwest corner of current tax lot 17-03-36-32-01800) thence Easterly along the Northerly line of last said alley, 436 feet, more or less, to the Southeast corner of Lot 3, Block 5, of the Molly B. Scott Addition, Book 12, Page 7, Plat Records of Lane County, Oregon; thence Northerly along the Easterly line of last said Lot 3, 54 feet, more or less, to the Southwest Corner of Lot 2, Block 5 of last said Molly B. Scott Addition; thence Easterly along the Southerly line of Lots 1 and 2 of said Block 5, 234 feet, more or less, to the Southeast comer of Lot 1 of said Block 5; Downtown Urban Renewal Plan November 26, 2007 31 thence Southerly along the East line of the P. Brattain Donation Land Claim No. 63, 23 feet more or less, to the Northwest corner of a tract of land described in a deed from Charles A. Edwards and Elisabeth M. Edwards to Edward B. Schuck, Sr. and Gladys A. Schuck recorded for public record May 4, 2004 at Reception No. 2004-033182, Lane County Deeds and Records, Lane County, Oregon (current tax lot 17-03-36-31-04702); thence Easterly 229 feet, more or less, along the Northerly line of the last said tract and along it's prolongation across 10' Street to a point of intersection with the Easterly right of way of 16' Street; thence Southerly 89 feet, more or less, along the Easterly right of way of 16, Street to the Southwest corner of Lot 41 of H. L. & T. B. Stewarts Plat of Acreage Lots, filed and recorded in Book 3, Page 5, Lane County, Oregon Plat Records (southwest corner current tax lot 17-03-36-31-03700); thence Easterly 606 feet, more or less along the Southerly line of Lots 41, 40 and 39 of last said Plat to the Southeast corner of Lot 39 of said plat (southeast corner current tax lot 17-03-36-31-02000); thence Northerly 34 feet, more or less to Northwest corner of Parcel 1 of a Record Survey for James B. Pesiri, filed December 28, 1981 as County Surveyor's File No. 25296 in the office of the Lane County Surveyor ( northwest corner of tax lot 17-03-36- 31-01401); thence Easterly 229 feet, more or less, along the North line of Parcels 1 and 2 of above said Survey extended to intersect with the Easterly right of way of 1 e Street; thence Southerly 34 feet, more or less, along the Easterly right of way of 18" Street to the Southwest corner of Lot 37 of the H. L. & T. B. Stewarts Plat of Acreage Lots, as platted and recorded in Book 3, Page 5, Lane County, Oregon Plat Records ( southwest corner of tax lot 17-03-36-31-00200); thence Easterly 417 feet, more or less, along both the South line of above said Lot 37 and along the South line of Lot 21 of the H. L. & T. B. Stewarts Plat No. 2 of Acreage Lots, as platted and recorded in Book 3, Page 36, Lane County, Oregon Plat Records, extended across 19' Street to the Southwest corner of Lot 20 of last said Plat; thence Northerly along the Easterly right of way of 19'" Street 29 feet, more or less to the Northwest corner of that tract of land conveyed by a deed from Collins Enterprises, Inc to Collins Cauble Investments, LLC, recorded for public record July 26, 2000 at Reception No. 2000-042804, Lane County Deeds and Records, in Lane County, Oregon (current tax lot 17-03-36-42-00900); thence Easterly 189 feet, more or less along the extended North line of last said deed to a point on the common North — South lot line of Lots 19 and 20 of the H. L. & T. B. Stewarts Plat No. 2 of Acreage Lots, as platted and recorded in Book 3, Page 36, Lane .County, Oregon Plat Records; thence Southerly 29 feet, more or less, along the West line of Lot 19 of last said Plat, to the Southwest comer thereof; Downtown Urban Renewal Plan November 26, 2007 32 thence Easterly 209 feet, more or less, along the south line of Lot 19 of last said Plat extended to intersect with the Easterly right of way of 20'" Street which is also the Westerly line of Nicholas Gardens, as platted and recorded March 26, 1940 in Book 11, Page 1, Plat Records of Lane County, Oregon; thence Northerly 46 feet, more or less, along the West line of Nicholas Gardens to the Northwest comer of Lot 1, Block A of said plat (northwest corner of current tax lot 17-03- 36-42-02500); thence Easterlyl30 feet (plat record) along the Northerly line of said Lot 1 to the Northeast comer thereof, said point is on the Westerly right of way of 21'` Street (northeast comer of tax lot 17-03-36-42-02500); thence Northerly along the Westerly right of way of 21a' street, 50 feet, more or less to a point of intersection with the prolongation of the Northerly right of way of "A" Street; thence Easterly, 665 feet, more or less, along the Northerly right of way of "A" Street to the Northeast corner of "A" Street and 23rd Street, said point is the Southwest corner of Lot 1, Block 2 of the Second Addition to Nicholas Gardens, as platted and recorded in Book 12, Page 11, Plat Records of Lane County, Oregon (the southwest corner of current tax lot 17-03-36-14-06700); thence Southerly 345 feet, more or less, along the Easterly right of way of 23rd Street and it's prolongation to a point of intersection with the Southerly right of way of Main Street (McKenzie Highway); thence Easterly 169 feet, more or less, along the Southerly right of way of Main Street to it's intersection with the Easterly right of way of South 230 Street (the northwest comer of current tax lot 17-03-36-41-02500); thence Southerly 302 feet, more or less, along the Easterly right of way of South 23f° Street to a point of intersection with the South right of way line of South "A" Street; thence Westerly 450 feet, more or less, along the Southerly right of way of South "A" Street to the former Southeast corner South 22"d Street and South A Street (the Southerly extension of South 22"d Street has now been vacated); thence Southwesterly, 1400 feet, more or less, across the Southern Pacific Railroad right of way to a point on the Southerly line thereof, said point being the Northeasterly corner of a tract of land surveyed for Georgia Pacific Corporation, filed in office of the Lane County Surveyor as County Surveyor's File No. 27395 (the northeast corner of current tax lot 18-03-01-00-3800); thence Southerly 440 feet, more or less, along the East line of last said survey and the prolongation of it to a point of intersection with the Southerly line of the Mill Race as surveyed for the City of Springfield and filed in the office of the Lane County Surveyor as County Surveyor's File No. 29701 to 29705, said Southerly line of the Mill Race is also the City Limits line in this location; Downtown Urban Renewal Plan November 26, 2007 33 thence Westerly 1360 feet, more or less, along the City Limits line as it follows the South line of the mill race as defined in last said survey to it's most Westerly terminus; thence continuing along the City limits line, Northerly 40 feet, more or less to the centerline of the millrace; thence continuing along the City limits line, which runs along the centerline of the Mill Race, Northwesterly 1000 feet, more or less to the intersection with the South line of Section 36, Township 17 South, Range 3 West of the Willamette Meridian; thence Westerly 1250 feet, more or less, along the City Limits line which is the South line of above said Section 36, to the Southwest corner thereof, being common to Sections 36, 35, 2 and 1; thence continuing along the City limits line, which follows the South line of Section 35, Township 17 South, Range 3 West of the Willamette Meridian, 3300 feet, more or less, to a point of intersection with the Southeasterly line of Block 14 of the Amended Plat of Willamette Heights Addition to the City of Springfield, as platted and recorded in Book 4, Page 78, Lane County, Oregon Plat Records (current tax lot 18-03-02-21-00200); thence continuing along the City limits line, which follows the Southeasterly line of Block 14 of last said plat (South 49' 10' West plat record), 40 feet, more or less, to an angle point in the North — Northeasterly right of way line of Central Boulevard; thence continuing along the City limits line, which follows the Northeasterly right of way of Central Boulevard, South 40' 50' East (plat record) 15 feet, more or less, to a point of intersection with the prolongation of the Southeasterly right of way line of Perry Street (now vacated); thence continuing along the City limits line, which follows the Southeasterly line of Perry Street (now vacated), South 57' 05' 30" West (plat record) 245 feet, more or less, to the most Northwesterly corner of Lot 3, Block 9 of last said plat; thence continuing along the City limits line, which follows the Westerly line of said Lot 3, 100 feet (plat record) to the Southwest corner thereof; thence continuing along the City limits line, which follows the Northerly right of way line of Valley View Avenue along Lots 4 and 5 of last said plat, 145 feet, more or less, to a point of reverse curve of last said plat, said point being the end of a curve with a radius of 31.9 feet as well as the beginning of a curve with a radius of 40 feet; thence continuing along the City limits line across Valley View Avenue, Southwesterly 40 feet (plat record) to the most Easterly point of Block C of the Amended Plat of Willamette Heights (current tax lot 18-03-02-21-01300); thence continuing along the City limits line, which follows the Northwesterly and Westerly right of way line of Mohawk Avenue, 426 feet, more or less to the Southeast comer of Block C, said point is Northwest corner of Mohawk Avenue and High Street; Downtown Urban Renewal Plan November 26, 2007 34 thence continuing along the City limits line, Westerly 178 feet (plat record) along the Northerly right of way of High Street to an angle point where it becomes Third Street; thence continuing along the City limits line Northwesterly and Northerly 1270, feet more or less, along the Northeasterly and Easterly right of way line of Third Street to a point 28.8 feet South of the South Line of Section 35, Township 17 South, Range 3 West of the Willamette Meridian (see current tax map 17-03-35-33); thence continuing along the City limits line, Westerly on a line parallel with and 28.8 feet South of the South line of said Section 35, 840 feet, more or less, to the centerline of the Willamette River; thence continuing along the City limits line in the Willamette River, Northerly and Westerly 2,600 feet, more or less to a point perpendicular to the most westerly point of that tract of land described in a deed from Rosemary E. Philpott, V. Iris Jacobson and Gladys V. Olson to Willamalane Park and Recreation District, filed and recorded June 29, 1972, at Reception No. 6144, Lane County Official Records in Lane County, Oregon (current tax lot 17-03-34-14-11300); thence leaving the City Limits line and centerline of the Willamette River on a line perpendicular to the City limits line, Northeasterly 350 feet, more or less, to the most Westerly point of the last said tract; thence along the Northerly line of last said tract, 480 feet, more or less, to a point of intersection with the southerly extension of the East line of that tract of land described in a deed from Michael Kuenne and Reba Kuenne to Reba Lynne Kuenne, filed and recorded May 16, 2003 at Reception No. 2003-044592, Lane County Deeds and Records in Lane County, Oregon (current tax lot number 17-03-34-14-11500); thence Northerly 280 feet, more or less, along the southerly prolongation of the East line of the above said tract, along said East line, and along the northerly prolongation of said East line to a point of intersection with the Northerly right of way line of "D' Street; thence Easterly 840 feet, more or less, along the Northerly right of way of "D" Street to the Southeast corner of Lot 7, Block 21 of Emerald Heights, as platted and recorded October 26, 1909, in Book 4, Page 14, Plat Records of Lane County, Oregon, also being the Northwest corner of "D" Street and Mill Street, (southeast corner of current tax lot 17- 03-35-23-07000) thence Northwesterly 330 feet, more or less, along the Westerly right of way of Mill Street to the Northwest corner of Mill Street and "E" Street, said point is the Southeast corner of Lot 5, Block 18 of above said Emerald Heights (southeast corner of current tax lot 17-03-35-23-02400); thence Easterly 745 feet, more or less, along the Northerly right of way of "E" Street to the Northeast corner of "E" Street and 2n° Street, said point is the Point of Beginning for this description. Downtown Urban Renewal Plan November 26, 2007 35 EXHIBIT 2 (continued) METRO PLAN DIAGRAM (EXCERPT OF RENEWAL BOUNDARY) Plan Diagram D.otown Urban Renewal Plan November 26, 2007 37 1. Aa_p elf fvin�5uucicm�l�w,6nc11�e.ummmr,W 1: uu [+,+M wwrea[ � qF. Wrflt.Wfu]W pl:aw uvfr'arvq wwnW � [rmnfa-eW � femme lYn wwn. Nefr-�� ti-nMr>•rru ❑ MIf4'eW ® Pm'nuyl El L nnan n[[CmM Eq Mlam�rtW Nif'(:rlW Cmc ■ Ir'4 re Or,[a,a 0 MIMLLfi rryWnW 1:1 A .... it ®N[w nnw ipelY�"nn F]mW 0 ....... D.otown Urban Renewal Plan November 26, 2007 37 APPENDIX 1. DETAILED GOAL DESCRIPTION A. Promote Public and Private Development Goal: To promote public and private development, redevelopment, and rehabilitation within the Urban Renewal Area to help createjobs, tax revenues, and self sustaining, vital and vibrant commercial and industrial areas. Objectives: 1. Enhance the environment for development and investment through improvements to streets, streetscapes, parks, and public buildings and spaces. 2. Assist property owners in rehabilitating buildings so they can accommodate more intensive commercial, mixed-use, and industrial activity; 3. Help create economic vitality by creating activities and encouraging uses that bring a significant number of jobs, employees, potential shoppers and investors throughout the Renewal Area. B. Rehabilitate BuildingStock tock Goal: To upgrade the stock of existing structures in the Renewal Area which contribute to its unique character, but which are run down or do not meet current State Building and Specialty Codes' requirements. Objectives: 1. Improve the appearance of existing buildings in order to enhance the overall aesthetics of the Renewal Area. 2. Help in improving the safety of older buildings in regard to seismic stability, fire safety, building code compliance and accessibility to persons with disabilities. 3. Redevelop buildings and areas that are currently inconsistent with the goals and objectives of this plan so that the improvements benefit the entire economic development effort for the community and property owners. C. Improve Streets, Streetscapes, Parks and Open Spaces Goal: To improve existing streets and both on -street and off-street parking; to improve and enhance parks and open spaces, like multi -use paths, as an integral part of the area, and to enhance livability. - Downtown Urban Renewal Plan November 26, 2007 38 Objectives: 1. Enhance streetscapes by installing street lighting, street furniture, banners, awnings, planters and other amenities. 2. Fund sidewalk and alleyway connections and improvements. 3. Reconstruct and improve existing roadways where needed and in a manner meeting the objectives of this Plan. 4. Address and improve pedestrian safety along heavily traveled streets through the Urban Renewal Area. 5. Create additional open space areas and pedestrian spaces that are attractive areas for residents and employees and that stimulate economic activity and enhance livability. D. Improve Utilities Goal: Improve and update utilities to allow more efficient, intensive, and productive development of the areas. Objectives: 1. Construct new, upgrade, underground, or reconstruct existing utilities (including water, electrical, sanitary and storm sewers, and telecommunications) as necessary to encourage and permit development of private properties, and supportive public amenities. E. Parking Goal: Develop convenient attractive parking facilities close to shopping, entertainment, and business destinations. Objectives: 1. Construct public parking to support businesses and activities in the Downtown Urban Renewal Area that is visible, safe and conveniently located. 2. Install signage that clearly directs citizens to available public parking. F. Public Facilities Goal: Maintain, acquire and develop public parks and open spaces, and public safety, health, and other facilities, to maintain and enhance public use, safety, and enjoyment of the Renewal Area. Downtown Urban Renewal Plan November 26, 2007 39 Objectives: 1. Ensure that public safety facilities within the Renewal Area are adequate to support and protect existing and proposed development in the Renewal Area. 2. Evaluate the adequacy of other public facilities serving the Renewal Area and ensure their compatibility with the surrounding development and proposed redevelopment in the area. 3. Ensure that public parks and open spaces are adequate to serve existing and proposed development. G. Housing Goal: Provide for new and rehabilitated housing opportunities that collectively reflect a diversity of housing types, occupancy (rental and owner -occupied), and income levels in the City. Support housing development that is geared to support the area's goals for generating new employment. Objectives:. 1. Provide a wide range of housing opportunities to accommodate households at all income levels, including low-, moderate-, and upper-income rental and owner - occupied housing, which support prospective residential markets in, adjacent to, and near the renewal area. 2. Provide assistance to help maintain and assist in the rehabilitation of the stock of existing housing in the renewal area. 3. Assist in the development of quality housing for a range of household incomes and characteristics that are unique to the desired urban, Downtown atmosphere. H. Improve Public Entrance and S'ynage Goal: Assist in funding for a program of entrance beautification and signage indicating cultural, historical, natural, and tourism landmarks within the renewal area. Objectives: 1. Provide urban renewal funds for signage and entrance improvements in spaces within the urban renewal area reflecting the community's history, culture, natural areas, tourism opportunities, and welcoming attitude. 2. Provide assistance in implementing year round "color and movement" such as banners, hanging flower baskets and holiday decorations. Downtown Urban Renewal Plan November 26, 2007 40 3. Increase public signage, both directional and informational, especially for functions related to tourism, special community events, and seasonal occurrences. Downtown Urban Renewal Plan November 26, 2007 41 APPENDIX 2 CONSISTENCY WITH LOCAL AND REGIONAL PLANNING OBJECTIVES The following is a list of the supporting policies for each of the projects and indicate the conformance of the Plan to local land use plans and policies. (Projects are referenced by letter according to the project list spreadsheet in the Report accompanying this Plan.) A. STREET CONSTRUCTION AND CIRCULATION IMPROVEMENTS Metro Plan Policies: System Wide Policy F.10: Protect and manage existing and future transportation infrastructure. System Wide Policy F.11: Develop or promote intermodal linkages for connectivity and ease of transfer among all transportation nodes. System Wide Policy F.13: Support transportation strategies that enhance neighborhood livability. Transportation System Improvements: Roadways Policy F.14: Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. Downtown Refinement Plan Policies Access, Circulation, and Parking Element Policies 1-8: 1. The City shall pursue funding of identified bicycle and pedestrian improvement projects within the Downtown area to place these projects in the "Programmed' category in Transplant. 2. The City and Willamalane shall work cooperatively to obtain easements or other instruments to enable construction of park -to -park multi -use paths, including Island Park to Dorris Ranch; Dorris Ranch to Clearwater Park and the Mill Race from the Middle Fork of the Willamette to the confluence at the Springfield Bridges. 3. The City shall evaluate the distribution of public off-street puking in the Downtown and prepare a strategy to address the equitable balance of these resources. 4. The City shall consider formation of a Downtown Association to partner with the City on parking solutions and enhancing the pedestrian experience. Downtown Urban Renews( Plan November 26, 2007 42 5. The City shall work with LTD to facilitate the success of the BRT system [EmX Line], encourage local businesses to participate in LDT ridership programs, and co-sponsor Transportation Demand Management techniques. 6. The City shall work with ODOT to take full advantage of the opportunities presented by the designation of Main Street as Special Transportation Areas and will pursue a similar designation for South A Street. 7. The grid street system within the Downtown Refinement Plan area, including streets and alleys, shall be maintained to the greatest extent practicable, except where issues of public safety and security may become a concern for public buildings. 8. The City shall study, and where appropriate, implement a plan to improve auto, pedestrian, and bicycle access to the Booth -Kelly site and the Mill Race. Oregon Transportation Plan: Development of an Integrated Multimodal System: Policy 1.1: Plan and develop a balanced, integrated transportation system with modal choices for the movement of people and goods. Downtowns and Economic Development: Policy 3.3: Provide transportation improvements to support downtowns and to coordinate transportation and economic development strategies. B. Infrastructure and Utilities Improvements Metro Plan Policies: Public Facilities and Services Element: Stormwater Policy G.14: Implement changes to stormwater facilities and management practices to reduce the presence of pollutants regulated under the Clean Water Act and to address the requirements of the ESA. Public Facilities and Services Element: Stoanwater Policy G.16: Manage or enhance waterways and open stoanwater systems to reduce water quality impacts from runoff and to improve stormwater conveyance. Downtown Refinement Plan Policies: Design Element Policy 3: Alternative methods of lessening the negative aestbetic character of overhead electric lines in the Downtown area shall be examined and pursued by SUB. This may include: 1) undergrounding new service connections and "clean-up" Downtown Urban Renewal Plan November 26, 2007 43 of overhead express feeders in the near future, and 2) possible undergrounding of all lines in the future. C. PUBLIC FACILITIES Metro Plan Policies: Public Facilities and Services Element: Schools Policy G.21: The cities shall initiate a process with school districts within the UGB for coordinating land use and school planning activities. The cities and school districts shall examine the following in their coordination efforts: a. The need for new public school facilities and sufficient land to site them D PARKS. RECREATION, PEDESTRIAN AND BIKE CORRIDORS AND OTHER AMENITIES E. (COMBINED WITH PROSECT CATEGORY x) F. WILLAMALANE PARKS IMPROVEMENTS Metro Plan Policies: Transportation System Improvements: Bicycle Policy F.22: Construct and improve the region's bikeway system and provide bicycle system support facilities for both new development and redevelopment/expansion. Transportation System Improvements: Bicycle Policy F.24: Require bikeways to connect new development with nearby neighborhood activity centers and major destinations. Transportation System Improvements: Pedestrian Policy F.26: Provide for a pedestrian environment that is well integrated with adjacent land uses and is designed to enhance the safety, comfort, and convenience of walking. Transportation System Improvements: Pedestrian Policy F.27: Provide for a continuous pedestrian network with reasonably direct travel routes between destination points. Parks and Recreation Facilities Element Policy H.1: Develop a system of regional - metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management programs. The Metro Plan and system should include reservoir and hill parks, the Willamette River Greenway, and other river corridors. Parks and Recreation Facilities Element Policy HA: Encourage the development of private recreational facilities. Downtown Urban Renewal Plan November 26, 2007 44 Parks and Recreation Facilities Element Policy H.5: Develop mechanisms and processes by which residents of an area to be served by a neighborhood park, neighborhood center, or play lot can participate in the design, development, and maintenance of the facility. Downtown Refinement Plan Policies: Economic Element Policy 5: The City shall support Willanu lane's efforts to develop Parks and open spaces in the Refinement Plan area consistent with the Willamalane Park and Recreation Comprehensive Plan. Design Element Policy 2: The City and Willamalane shall continue to develop and integrate the elements of the river, bridge, White Horse, Millrace and Island Park to enhance historic, recreational, and aesthetic values and promote tourism. Public Spaces Element Policies 1-4: 1. The City shall encourage the development and use of sites throughout Downtown for displays, exhibits, festivals and other events of public interest. 2. The City and Willamalane shall continue to explore the creation and development of public space improvements in the Downtown including a Downtown overlook and improved pedestrian access to Island Park, the Millrace, and the historic Briggs Ferry Landing. 3. The City shall endeavor to maintain funding for maintenance programs on Downtown streets, sidewalks, and City-owned public spaces. 4. The City, in cooperation with downtown businesses, should identify funding for, design, and construct a New Main Street plaza at the location of the parking lot on the south side of City Hall. The plaza would serve as the primary civic gathering public space in the core of the downtown. The design would explore whether it should be a dual use as both parking and plaza, or be converted to all plaza. The long-term vision for this space would include reconstruction of the south side of City Hall to complement the plaza. Willamalane Plan Strategies: Parks and Open Space Strategy: Provide Parks, open spaces, river access, and pathways, while respecting private property rights. Community Recreation and Support Facilities: Provide community recreation and support facilities that facilitate a wide variety of activities, create community gathering places, and enhance community pride. Downtown Urban Renewal Plan Nmember 26, 2007 45 G. REDEVELOPMENT THROUGHNEw CONSTRUCTION Metro Plan Policies: Economic Element Policy B.13: Continue to encourage the development of convention and tourist -related facilities. Economic Element Policy B.14: Continue efforts to keep the Eugene and Springfield central business districts as vital centers of the metropolitan area. Downtown Refinement Plan Policies: Economic Element Policy 3: The City shall maintain a variety of strategies and funding sources as incentives to development and redevelopment of the Downtown. This should include, but not be limited to: State Revolving Loan Funds; Industrial Development Revenue Bonds; Oregon Business Development Fund; state lottery funds; CDBG grants and loan programs; tax increment financing; local improvement districts; economic improvement districts; and, special assessment districts. Economic Element Policy 4: As the design and construction of the Justice Center evolves, the City shall work with nearby businesses and property owners to take advantage of opportunities to develop sites or structures to accommodate the various support uses that are likely to seek this proximity. Economic Element Policy 7: The City shall support efforts to attract shoppers to the Downtown, including but not limited to specialty events such as festivals and parades, and recurring activities such as a "Farmer's Market" Economic Element Policy 8: The City shall support the retention of local businesses and the relocation of new business to Downtown. Oregon Transportation Plan: Creating Communities: Policy 4.3: Increase access to goods and services and promote health by encouraging development of compact communities and neighborhoods that integrate residential, commercial and employment land uses to help make shorter hips, transit, walking and bicycling feasible. Integrate features that support the use of transportation choices. H. PRESERVATION, REHABILITATION, AND CONSERVATION E. UPGRADES TO FIRE PROTECTION AND EMERGENCY RESPONSE SYSTEMS Metro Plan Policies: Historic Preservation Element Policy Ll: Adopt and implement historic preservation policies, regulations, and incentive programs that encourage the inventory, preservation, Downtown Urban Renewal Plan November 26, 2007 46 and restoration of structures; landmarks; sites; and areas of cultural, historic, or archaeological significance, consistent with overall policies. Historic Preservation Element Policy I.2: Institute and support projects and programs that increase citizen and visitor awareness of the area's history and encourage citizen participation in and support of programs designed to recognize and memorialize the area's history. Downtown Refinement Plan Policies: Design Element Policy 8: The City shall support efforts by Downtown businesses to make building fagade improvements. Willamalane Plan Strategies: Rehabilitation Strategy: Upgrade and revitalize existing parks and recreation facilities to provide recreation opportunities, protect recreation resources, improve the environment, enhance user safety, and improve accessibility for people with disabilities. I. Properly Acquisition and Disposition Metro Plan Policies: Economic Element Policy 16: Utilize processes and local controls which encourage retention of large parcels or consolidation of small parcels of industrially or commercially zoned land to facilitate their use or reuse in a comprehensive manner rather than piecemeal fashion. I TECHNICAL, FINANCIAL AND DESIGN PLAN DRAFTS AND UPDATES Metro Plan Policies: Downtown Refinement Plan Policies: Access, Circulation, and Parking Element Policy 3: The City shall evaluate the distribution of public off-street parking in the Downtown and prepare a strategy to address the equitable balance of these resources Access, Circulation, and Parking Element Policy 8: The City shall study, and where appropriate, implement a plan to improve auto, pedestrian, and bicycle access to the Booth -Kelly site and the Mill Race. Downtown Urban Renewal Plan November 26, 2007 47 4tA F pp r wi,#'. DOWNTOWN URBAN RENEWAL PLAN REPORT This urban renewal plan and report was prepared with fonding assistance from the City of Springfield. Springfield citizens participated in 2 townhalls leading to the preparation of the Downtown Urban Renewal Plan and Report. Staff Assistance Gino Grimaldi, City Manager Jeff Towery, Assistant City Manager William Grile, Development Services Director John Tamulonis, Community Development Manager Mark Metzger, Planning Supervisor Courtney Griesel, Planner Urban Renewal Consultant Charles Kupper, Spencer & Kopper Downtown Urban Renewal Plan -Report November 26, 2007 Report on the Downtown Urban Renewal Plan Table of Contents Project Background 4 Definition of Blighting Conditions 6 100. Description of Existing Conditions in the Urban Renewal Area 7 100A. Physical Conditions 7 10011. Social Conditions 13 100C. Economic Conditions 14 200. Expected Fiscal, Service and Population Impacts of Plan 15 300. Reasons for Selecting the Urban Renewal Area 16 400. Relationship between Each Potential Project Activity and Existing Conditions in the Project Area 17 500. Financial Analysis of Plan 20 500A. Estimated Project Cost and Revenue Sources 20 500B. Anticipated Start & Finish Dates of Project Activities 22 500C. Estimated Expenditures and Year of Debt Retirement 22 500D. Impact of Tax Increment Financing 27 500E. Financial Feasibility of Plan 29 600. Relocation 29 600A. Properties Requiring Relocation 29 600B. Relocation Methods 29 600C. Housing Cost Enumeration 29 Appendix 1. Census Tracts within Urban Renewal Boundary 31 Dwntown Urban Renewal Plan -Report November 26, 2007 3 REPORT ON THE DOWNTOWN URBAN RENEWAL PLAN PROJECT BACKGROUND The primary purpose of the Downtown Urban Renewal Plan is to revitalize the core historic downtown commercial and industrial areas of Springfield. The intent is to increase commercial activity, improve existing building facades, and promote pedestrian amenities and community activities. The Renewal Plan builds upon other work and study efforts focused on downtown. They include the Downtown Refinement Plan (Adopted 1986, Updated 2005), the Booth -Kelly Mixed -Use District (1986), the TransPlan (2001), and the Willamalane Parks and Recreation Comprehensive Plan (2004). The Land Use Element If. 13) in the Downtown Refinement Plan forms a good general summary of the current state of conditions within the Downtown Urban Renewal Area. It states: "The Downtown area is where the original field with a spring in it was located (now an apartment complex) after which Springfield was named. It also contains the area that was in the original town plat of Springfield filed by Elias Briggs. Since that time, the Downtown area has functioned as the City's heart, and continues to do so even though the City has spread out, and other important nodes have developed on east Main Street, and in the Mohawk and Gateway areas. A significant retail base remains in the Downtown, and professional offices and services are increasing. The southeast portion of the Downtown is the location of several mill sites, which provide employment and a customer pool which Downtown businesses benefit from. Beginning in the 1970's, and worsening in the recession/depression of the early 1980's, the Downtown community has been wrestling with an increasing vacancy rate. The situation seems to be improving somewhat as evidenced in recent reports of the Springfield Downtown Association. Although businesses are still leaving the area, new businesses and expansions of existing businesses are approximately matching the rate of exodus. Trends are not clearly identifiable in recent land use changes: a variety of types of uses have left, and a variety have located in Downtown. The Booth -Kelly site has long fascinated visionaries in the Downtown community. The proximity of the site to Downtown, and the potential redevelopment of the site utilizing its amenities (millrace and pond, forested slopes, rail access, etc.) could prove to be very beneficial to the Downtown. Much of the site is currently vacant and inaccessible, and the existing development does not take advantage of the site amenities. Redevelopment of the site would be very expensive, but could be accomplished in a cohesive fashion over a long period with the development plan concept presented in the Booth -Kelly Development Area policies herein. Downmwa Urban Renewal Plan -Report November 26, 2007 It is desired and anticipated that the eventual redevelopment of the Downtown area will feed upon itself: that is, new and expanded development will attract more news development. This will eventually make use and delivery of public services more cost-effective and increase demand for Downtown land and buildings resulting in a rise in property values to a point that development will be more economical than retaining a property's vacant status. However, most of the problems are physical and need funds to be built or that vision will not be realized. The Downtown Urban Renewal Plan is intended to be the combination of projects and funding to overcome the problems and achieve the goals in the Downtown Refinement Plan (pp. 14-15): "The following goals embody the spirit, optimism and commitment Downtown property owners, businesses and community organizations have ascribed to their vision of Downtown Springfield. These goals are deliberately achievable and intended to recognize the value of enduring public-private partnerships. Create a Pedestrian and Transit Friendly Downtown. Develop a setting that is conducive to walking, bicycling and transit while providing accessibility to regional automobile and freight networks. Provide safe and walkable streets. Preserve the Past. Enhance the downtown's future character by preserving the best of its past. Promote appropriate in -fill construction and historic preservation of the existing buildings. Reconnect to Key Natural Resource Features. Connect the downtown with the Millmce and Island Park and provide opportunities for appropriate downtown uses adjacent to these areas. Alive After Five. Encourage evening activity in the downtown with dining, cultural and entertainment opportunities for all ages. Increase housing development in the downtown to generate the 18 to 24-hour city. Revitalize the Downtown with New Uses. Create new opportunities for office, commercial, residential, civic, and mixed uses. Encourage high-density uses that are transit -oriented and located within a short walk from Springfield Station. Ensure Adequate Parking. Provide parking that supports a vital downtown. Create Civic Gathering Places. Create great public spaces, both large and small. Consider creation of a town square. Identify Catalyst Projects. Identify projects that will spur growth in the downtown, including improvements that can be successfully accomplished in the short term. Create Downtown Partnerships. Collaborate with Lane Transit District, the Springfield Renaissance Development Corporation, and other groups to coordinate efforts and build community support. Downtown Urban Renewal Plan -Report November 26, 2007 Establish a Possible Identhy for the Downtown. Work with downtown business interests and the Springfield community to foster a positive identity and sense of pride for the downtown. Develop the Downtown as the Gateway to SpringTeld. Work to achieve a visual impression in the Downtown that reflects well on the rest of the City. DEFINITION OF BLIGHTING CONDITIONS The Oregon Legislature has established a system to finance urban renewal. Oregon Revised Statute Chapter 457 describes how the system works. This law gives cities and counties urban renewal powers. These powers provide a way to finance projects to remove "blight." Addressing blight is central to the purpose of urban renewal plans. The Oregon Revised Statutes (ORS 457.010) defines "blight' as follows (underlining is added for emphasis, and numeration is added for clarity): 'Blighted areas mean areas which, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions: - 1. The existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of those uses, which are unfit or unsafe to occupy for those purposes because of any one or a combination of the following conditions: a) Defective design and quality of physical construction; b) Faulty interior arrangement and exterior spacing; c) Overcrowding and a high density of population; d) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; e) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; i) An economic dislocation, deterioration or disuse of property resulting from faulty planning; g) The division or subdivision and sale of property or lots of irregular form and shape and inadequate size or dimensions for property usefulness and development; and h) The laying out of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; 2. The existence of inadequate streets and other rights-of-way, open spaces and utilities; 3. The existence of property or lots or other areas which are subject to inundation by water; Downtown Urban Renewal Plan -Report November26, 2007 4. A prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered; 5. A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety, and welfare; or 6. A loss of population and reduction of proper utilization of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere." Note that it is not necessary for each of the cited conditions to be present in the renewal area, or that these conditions are prevalent,in each and every sector of the urban renewal area. 100. DESCRIPTION OF EXISTING CONDITIONS IN THE DOWNTOWN URBAN RENEWAL AREA 100A. PHYSICAL CONDITIONS 1. Land Area The Downtown Renewal Area contains approximately 537 acres of land area. ORS 457.420 provides that the total land area of a proposed urban renewal area, when added to the land area of existing renewal areas may not exceed 15% of the City's land area. The City's current land area is approximately 9791 acres. The total of all acreage in renewal areas, including the Glenwood Urban Renewal Plan Area (618 acres), is 1155 acres. This represents 11.8% of the City's land area. Total renewal area acreage is within the 15% limitation prescribed by ORS 457.420. 2. Existing Land Use and Development The Downtown Urban Renewal Area consists primarily of Heavy Industrial and Community and Mixed -Use Commercial. Included in this type of commercial is the Booth -Kelly District which provides for a mixed use employment center that complements Downtown Springfield. The next largest land use is for Low Density residential purposes. There are a very limited number of residential uses scattered throughout the project area. The majority of this residential is found in the Willamette Heights Neighborhood located in the South West corner of the Urban Renewal Area. Commercial development is concentrated along Main Street, running through the project area. This development is mostly strip commercial and serves the Downtown and surrounding communities with a range of services, convenience, and some comparison shopping opportunities. The Downtown Urban Renewal Area contains about 680 tax lots. Of these, 127 are tax exempt. The zoning of all tax lots are shown by acres in Table 1 on the following page. Downtown Urban Renewal Plan -Report November 26, 2007 7 Table 1. Zoning Within the Downtown Urban Renewal Boundary Zone Designation Approximate Acres % of Total Low Density Residential 48.96 12.2% Medium Density Residential 4.71 1.1% High Density Residential 6.59 1.6% Mixed -Use Residential 1.27 .3% Residential Total 61.53 15.3% Community Commercial 74.51 18.5% Mixed -Use Commercial 41.8 10.4% Commercial Total 116.31 28.9% Heavy Industrial 109.25 23.3% Li ht -Medium Industrial 28.32 7.04% Booth Kelly Mixed -Use 76.16 18.9% Industrial Total 213.83 48.3% Public Land and Open Space 25.53 6.5% Total Parcel Acres* 417.20 100.0% * The entire Downtown Urban Renewal area includes 537 acres. This number includes all streets and rights-of-way. Streets and rights-of-way do not carry zoning designations and are not included in total parcel acre counts. Table 1 depicts the current zoning districts in the Downtown Urban Renewal Area. Public land and open space encompass 6.5%; mixed-use and community commercial make up 28.9% of the uses planned for the Downtown area; while total residential uses are zoned for about 15.3% and total industrial are zoned for 48.3%. Currently, within the Urban Renewal Area, almost 102 acres, or roughly 25%, stand vacant. The majority of this vacant land is in Commercial (12.7%), Residential (7.5%), and Industrial (4.2%) zones. The renewal area boundary was drawn to create a project area that encompasses the core of Downtown commercial and mixed-use, while providing for public open space improvements along the Willamette River, Mill Pond and Mill Race, and within the Downtown urban core. Actions undertaken in the Downtown Urban Renewal Area will help make more productive use of land in Downtown. 3. Conditions -Buildings and Structures Recognition of blighted conditions within the urban renewal area go back to the early 1980's. The 1984 "Downtown Tomorrow" report of the Springfield Downtown Commission, opens with this observation of conditions in the Downtown: "Downtown Springfield has needed revitalization for a long time. The jumbled mix of signs, vacant buildings, ragged patches of landscaping, crumbling sidewalks, and heavy vehicle Downtown Urban Renewal Plan -Report November 26, 2007 8 through -traffic vividly portray a lack of care and a message of neglect." The report continues on to list goals and projects for the downtown, some of which are still recommended as part of this plan. Based on the property class codes assigned to properties by the Lane County Department of Assessment and Taxation, there are just over 100 acres of vacant property within the Downtown Urban Renewal Area. About 72 vacant acres are taxable and would contribute tax increment revenues to the Urban Renewal Area if developed during the life of the Downtown Urban Renewal Plan. Table 2 summarizes the taxable vacant acreage within the Plan Area by zoning district. Table 2. Vacant Taxable Property by Zoning District Zone Designation Acres Low Density Residential 19 Medium Density Residential 2 Community Commercial 28 Mixed -Use Commercial 8 Heavy Industrial 6 Li bt-Medium Industrial 8 Booth Kelly Mixed -Use 1 Total 72 There are newly 550 buildings in the Downtown Urban Renewal Area. A survey of downtown buildings in 2004 revealed that 59% of downtown structures fit the Department of Housing and Urban Development's (HUD) criteria for blight. This is significantly higher than the threshold required to qualify for HUD's Community Development Block Grant program designation as a blighted area. The condition of some of these properties may make it economically infeasible to rehabilitate or repair them. A windshield survey of the Urban Renewal Plan Area in 2007 shows that the Plan Area contains buildings in various states of disrepair including residential properties (along South Mill and South 18"); commercial properties (along Main Street and South "A"); and industrial properties (along South Mill). These buildings show evidence of extensive deterioration of roofing, siding, foundations, steps, and exterior trim. Repairing and maintaining downtown buildings is essential for the recovery of any historic district. High vacancy rates and tenant turn -over have characterized the Urban Renewal Area. Commercial lease rates today remain low compared to the remainder of the Eugene - Springfield market. This has made it difficult for property owners to maintain existing buildings and has worked against privately financed rehabilitation and redevelopment. This has contributed to the continuing deterioration and blight conditions in the downtown area. Downtown Urban Renewal Plan -Report November 26, 2007 Lane Transit's Springfield Station, completed in 2005, was the first new construction in downtown Springfield since 1987. New construction and restoration activities have followed. St. Vincent de Paul's Royal Building, a new 5-story mixed-use development, is nearing completion. Additional projects include the restoration of the historic Gerlach building by the Emerald Arts Center and development of the Richard Wildish Community Theatre by the Springfield Renaissance Development Corporation. Each of these projects received significant subsidies in the form of public investment and private donations to cure blighted conditions in the structures. These projects would not have been possible without public investment. These situations reinforce the need for the establishment of an urban renewal area to support redevelopment and revitalization downtown. 4. Conditions — Streets, Intersections, Sidewalk, and Storm Drainage The general condition of the basic street and storm drainage infrastructure in the project area is typical with that of an older town. The following is a brief description of the construction type and current conditions assessment: Most of the Downtown Urban Renewal Area was developed through donation land claims in the 1850's and constructed in the traditional block segment footprint over several decades. The streets are well-defined by curbs and gutters. Most of these streets are improved to city standards, with the exception of the Willamette Heights area where some unimproved streets still remain. Although many of the street components are older, the Maintenance Division continues to perform maintenance and repair activities to extend the useful life of the asset. Some of these preventive activities include crack and slurry sealing of streets, asphalt overlay and repair, curb, gutter and sidewalk repair, street sign and signal maintenance, etc. In the Urban Renewal Area, the majority of the streets are improved - curb and gutter with an asphalt surface. Most of these streets were constructed decades ago. Timely preventative maintenance and structural enhancements have maintained the integrity of these assets. Unimproved and substandard streets are found in the areas south of the Main and South "A" Streets condor. Main and South "A" Streets (ODOT right of way) from the Willamette River bridges, east to 19's Street, are deteriorating fairly rapidly. Eventual reconstruction will be necessary for few other collector segments in the Renewal Area due to age. Typical improved street intersections consist of standard sidewalks with access ramps, curbs, gutters, signage, and traffic/pedestrian control in place. Continuous sidewalks populate most of the area, however many are old and deteriorating to the point of needing replacement. Varying types of access ramps provide a continuous corridor throughout most of the area. There are 12 intersection traffic signals within the Urban Renewal Area. All of these control signals are owned by the State but maintained by the City. Signage at intersections and along street segments is uniform and consistent. The Urban Renewal Area has a total of 287 street lights. Street lights along Main and Downtown Urban Renewal Plan-Report November 26, 2007 10 South "A" are being modernized with high voltage type lighting with some older low voltage yellow type lighting that will require updating. A functioning storm water drainage system exists for most of the Renewal Area, with some roadside ditches residing south of Main Street. The age of the storm pipe system ranges from 1950s to 1990s and is comprised of mostly concrete pipe. Capacity of storm pipe ranges from 4 to 65 inches. There is a need to replace aging and undersized lines through rehabilitation projects. The sanitary system is predominately concrete pipe, changing to PVC pipe whenever lines are rehabilitated. The older lines in this area date back to 1948. Pipeline sizes on sewer main lines ran 8 to 24 inches with trunk lines up to 60 inches. Bicycle opportunities are less than desirable as the Downtown currently has no designated, striped east -west routes. There is only one bike path along Pioneer Parkway within the Urban Renewal Area. Shared sidewalks with pedestrians or streets with cars, does not engender this efficient travel alternative. 5. Conditions - Public Parking Off-street parking remains a real and perceived issue for downtown merchants. Although there almost a thousand spaces (both on and off-street) in the Downtown Mixed -Use area, many are occupied by employees, many are restricted by permit only, and the lager lots are not close to the businesses most in need. The lack of parking has had a negative affect on the level of economic investment in the area. The City enforces all on -street spaces or publicly owned spaces in this area, but the two hour time limit is not proving to be an effective deterrent to prolonged and non -business use. Notwithstanding all of the benefits that will accrue from an improved pedestrian environment, few downtown businesses can survive on a customer -based derived solely from foot -traffic. 6. Conditions - Visual Appearance The commercial core of the Downtown area is aligned along Main Street (ODOT Highway 126) and South "A" Street east of the Springfield bridges. Both are part of the State Highway system under the jurisdiction of the Oregon Department of Transportation (ODOT). Main Street and South "A" are characterized by a mix of older, "main street" style commercial properties with mostly on -street parking and strip commercial and industrial development of varying styles and quality, most fronted by parking lots. The "main street" area has several vacant storefronts and generally shows need of fagade updating and repair. There are overhead power lines throughout the area, adding to the visual clutter. Attractive street furniture, signs, awnings, banners, trees, landscaping, and other visual amenities are inconsistent and scattered. The Mill Race and Pond, located along South "A", has been in a state of disrepair since its donation to the City in the mid -1980's. Since that time, the City has refurbished portions of the water amenity and adjoining Booth -Kelly complex, but major repairs and improvement projects still remain to be completed. The current physical appearance and Downtown Urban Renewal Plan -Report November 26, 2007 11 access restrictions to the site hinder future development. While physical appearance is not specifically listed as a condition of blight in ORS 457, the appearance of modem industrial sites including green space, plantings, improved business frontage and puking areas, low external impacts, etc. are important to economically productive industrial and commercial sites as well as the nearby properties. Economically underproductive sites are considered blighted. As development and redevelopment occurs in surrounding areas the Mill Race and Pond should be evaluated to see if the facility may be redeveloped and improved so that it may be more productive economically while enhancing the area's overall redevelopment. 7. Conditions — Land and Building Values It is anticipated that the 2007-08 tax roll will establish the initial base of assessed values for the Renewal Area. The figures are not yet available for the total assessed valuation for the Downtown Urban Renewal Area for that year. The total assessed value of property within the Urban Renewal Area for the 2006-07 tax year, subtracting non-taxable properties ($54,567,634) is calculated at approximately $122,500,000 in land and building values. The total assessed value of the Downtown Urban Renewal Area, excluding non-taxable properties, represents about 3.8% of the total property valuation within the City of Springfield. When added to the total frozen base value within the Glenwood Urban Renewal Area ($106,986,910) the total assessed value for all urban renewal areas in the City of Springfield equals about 7.3%. Total certified values within all renewal areas therefore are expected to be well within the maximum 15% of total valuation allowed by urban renewal law. 8. Conditions — Investment and Utilization of Land Real property values within the Downtown Urban Renewal Area are largely concentrated in commercial and industrial property classifications. The overall value of land compared to the value of improvementson that land is extraordinarily low for an urban area, especially an area that represents a major concentration of industrial uses and is developed to nearly urban densities. The real market value of land in the Urban Renewal Area is $64.05 million and the real market value of improvements is $163.2 million. The ratio of building value to land value is just over 2.5:1. Matureurbanareas, especially those that include so much commercial, public, and industrial building, are expected to exhibit improvement to value ratios in the 4:1 or 5:1 range. The Downtown Renewal Area falls just below this range which points to a lack of investment in the Downtown, under -utilization of land, depreciated values, and a loss of tax generating revenue for the project area. Downtown Urban Renewal Plan-Reporl November 26, 2007 12 100B. SOCIAL CONDITIONS The 2000 Census is the most recent source for comprehensive demographic data that is specific to the Downtown Urban Renewal Area. The Downtown Urban Renewal Boundary does not coincide with local census tracts and block groups. However, block groups within Census Tracts 3202, 3300, 3400, and 3500 fall within the portions of the Urban Renewal Area. Table 3 below summarizes the estimated income and housing characteristics of residents within the Urban Renewal Area. Table 4 shows the percentage of owner occupied dwelling units and renter occupied units. Table 5 shows the population within the Urban Renewal Area by race. It is not possible within the scope of this analysis to accurately estimate the exact number of residents and their demographics for the area within the Urban Renewal Area without including fragments of the census tracts and block groups that are outside of the Urban Renewal Boundary. The information below is meant to provide only general information on income and housing characteristics of residents within the area. Table 3. Population and Income by Census Tract within the Urban Renewal Area Census Total Median Percentage of Low -Moderate Tract Population Household Income Households Income 32.02 4,066 34,273 28.7% (BG 1)* 55.0% BG 2)- *3 3 6,775 30,163 59.4% 34 4,706 27,679 60.1%(BG 3)- 59.2% BG 4 35 3406 44,053 25.0% * "BG" represents a division of a Census tract called a Block Group. The largest percentage of residents, within the Urban Renewal Area, live in census tracts 33 and 34. Tract 34, Block Group 4 is almost wholly contained within the Urban Renewal Area and the statistics for this subarea are perhaps the most representative of the area as a whole. Tract 35 is largely outside of the urban renewal area and is least representative of the area. Table 3 shows that the majority of residents in the area have a median household income ranging between $27,679 (Tract 34) and $30,163 (Tract 33). Tract 35 has the highest household income at $44,053. The median household income for Lane County is $36,942. The City of Springfield participates in HUD's Community Development Block Grant (CDBG) program which targets funding for low income neighborhoods. Eligibility for CDBG funding requires an assessment of the percentage of households living at or below the federally established "low -moderate income" level. In the Downtown Urban Renewal Area, the majority of households (roughly 55 to 60 percent) fall within the low - moderate income classification. Downtown Urban Renewal Plan -Report November 26, 2007 13 Table 4. Housing Tenure by Census Tract within the Downtown Urban Renewal Area. Census Tract Percentage of Owner Occupied/ Renter Occupied Census Tract 32.02 Dwelling Units 32.02 50.5/ White 49.5 33 52.3/ 89% 47.7 34 49.1/ 11% 50.9 35 83.4/ Black 16.6 Home ownership is sometimes an indicator of income and neighborhood stability. Table 4 shows that between 49 and 51 percent of all dwelling units are renter occupied. In Lane County 37.7 percent of dwelling units are renter occupied. Table 5. Racial Composition by Census Tract within the Downtown Urban Renewal Area. The racial composition (white to non-white) of the Urban Renewal Area is similar to that of Lane County. The Hispanic population within the area is significantly higher that the county as a whole. Table 5 shows that in census tracts most representative of the Urban Renewal area Hispanics make up between 8 and 11 percent of the population, compared to just 4% for Lane.County. The growing Hispanic presence and influence within the Urban Renewal Area can be seen in the growing number of shops and services catering to Hispanic households that have been established in the area. 100C. ECONOMIC CONDITIONS See Sections 100A & 10013, Table 3 for discussions on economic conditions. Downtown Urban Renewal Plan -Report November 16, 2007 14 Lane County Census Tract 32.02 Census Tract 33 Census Tract 34 Census Tract 35 White 90% 87% 89% 89% 92% Hispanic 4% 11% 9% 8% 5% Black 1% 1% 0% 1% 0% American Indian and Alaska Native 1% 1% 1% 3% 1% Asian 2% 2% 1% 0% 2% Native Hawaiian and Other Pacific Islander 0°h 0% 0% 0% 0% Some other race 2% 5% 4% 3% 1 % Two or more races 4% 5% 4% 4% 4% The racial composition (white to non-white) of the Urban Renewal Area is similar to that of Lane County. The Hispanic population within the area is significantly higher that the county as a whole. Table 5 shows that in census tracts most representative of the Urban Renewal area Hispanics make up between 8 and 11 percent of the population, compared to just 4% for Lane.County. The growing Hispanic presence and influence within the Urban Renewal Area can be seen in the growing number of shops and services catering to Hispanic households that have been established in the area. 100C. ECONOMIC CONDITIONS See Sections 100A & 10013, Table 3 for discussions on economic conditions. Downtown Urban Renewal Plan -Report November 16, 2007 14 200. EXPECTED FISCAL, SERVICE, AND POPULATION IMPACTS OF PLAN Urban renewal plan activities are aimed at alleviating traffic, parking and pedestrian safety problems, at repairing and redeveloping property within the area, and at upgrading lighting, streets, sidewalks, open space conditions and providing new or upgraded infrastructure in the Renewal Area. The Urban Renewal Plan is expected to facilitate planned, orderly growth as anticipated in the Eugene -Springfield Metro Area General Plan and Downtown Refinement Plan. The Plan is not expected to result in a need for any additional police, fire, or other emergency services beyond those already contemplated by the City and other service providers. The Renewal Area Boundary includes some proposed housing development. Carrying out the Renewal Plan is expected to result in slight population growth in Downtown. But that growth is included in the overall population growth of the City of Springfield over the next 20 years and the fiscal impacts are not significant relative to growth in other parts of the much larger Springfield city limits. And therefore, carrying out the Plan is expected to have no impacts on Springfield School District 19, given the Downtown Urban Renewal Area's small size relative to the size of Springfield School District 19. Carrying out the Renewal Plan is not expected to have any additional impact on water and sewer service needs, since the utilities' planning include providing services to these and other utilities in the. urban renewal area. Project activities are not expected to require the relocation or removal of any residential or commercial properties by the renewal agency. Carrying out the Renewal Plan will require the use of tax increment revenues. The tax impacts of the Renewal Plan are discussed in detail in Section 500 D of this report. The Downtown Urban Renewal Plan is expected to produce positive fiscal and service impacts for downtown. Among the public benefits of the renewal plan are: • Street and circulation improvements will improve public safety and convenience. • Infrastructure improvements will provide better utility service and decrease public maintenance costs • New businesses will provide additional shopping convenience and reduce vehicular trips and time. • New development will enhance the river experience. • Rehabilitation programs will preserve and renew properties in, and around, downtown commercial areas along Main Street and South A. • An increase in construction expenditures and purchases in the Urban Renewal Area will create secondary jobs. • The Urban Renewal Plan will help the City of Springfield fund a number of projects listed in the City's Capital Improvements Program in the Downtown Refinement Plan for the Urban Renewal Plan Area. Downtown Urban Renewal Plan -Report November 26, 2007 15 • The Urban Renewal Plan will develop the opportunity areas along the Mill Pond/Race, currently without suitable streets, public access or infrastructure for tourism, mixed commercial-residential, or other major development by providing urban standard roads, supportive urban services and utilities, area-wide storm drainage systems, and allowing public access and protection of the waterfront areas. The public and private investments made in the Urban Renewal Area are likely to encourage new investment in adjacent areas. The value thus created can not be quantified, but observation of renewal programs around the state indicates that there are spillover investment effects from a successful renewal program. There are other positive effects of a renewal program that do not lend themselves easily to quantification, for they are quality of life issues. Maintaining Main Street and South "A" as the primary arteries of the area, improving housing, expanding cultural, and shopping opportunities within the area, and improving the appearance of downtown, all have value to this area's sense of community. In fact, these qualities have been expressed as important community values and directly influenced creation of this renewal plan and its projects. The expenditure of tax increment funds is expected to produce new property values for the City of Springfield. The Renewal Plan is estimated to be completed by the year 2027. During that period, property values in the Renewal Area are expected to increase by approximately $322 million. At current property tax rates, the new property values anticipated in the renewal area will contribute over $4.3 million in property tax revenues in the first year after the project is ended. Of that revenue, approximately $1.5 million will return to the City of Springfield. That property tax revenue will continue to grow thereafter as a result of increases in annual assessments. 300. REASONS FOR SELECTING THE URBAN RENEWAL AREA The Urban Renewal Plan Area was selected based on Downtown Refinement Plan and the Eugene Springfield Metro Area General Plan goals, objectives, and policies and on the existence of blighting conditions within the area. The project area evidences the following characteristics of blight: • A lack of proper utilization of land planned for tax producing purposes. • Deficiencies in streets, curb, sidewalk, water and sewer services in the project area. • Deficiencies in public recreation and open space opportunities. • Poor visual and aesthetic conditions, contributing to a low level of investment in The project area. • Poor building conditions in the project area. • A prevalence of low values and lack of investment in the project area, and reduced tax receipts resulting there from. For further discussion of the above characteristics of blight, please see Section 100, "Description of Existing Conditions in the Urban Renewal Area." Conditions within the Downtown Urban Renewal Plan-Report November 26, 2007 16 Renewal Area exist and satisfy the definitions of blight in ORS 457.010. Treating and curing these conditions me reasons for selecting this renewal area. 400. RELATIONSHIP BETWEEN POTENTIAL PROJECT ACTIVITIES AND EXISTING CONDITIONS IN THE DOWNTOWN URBAN RENEWALAREA The Downtown Urban Renewal Area suffers from multiple physical issues ranging from deteriorated infrastructure systems such as streets, sidewalks and buildings to undersized and outdated sanitary sewer and storm -water. facilities. The plan area struggles to retain commercial and retail tenants. Vacancy rates are high and parking is poor. The example projects listed in Tables 6 and 9 of this Report (pages 21 and 30), and discussed in Section 600 of the Urban Renewal Plan (pages 14 — 19), address needed Urban Renewal Area improvements. These improvements, with brief descriptions of existing plan area conditions, are outlined in the paragraphs below. STREET CONSTRUCTION AND CIRCULATION IMPROVEMENTS The general condition of the street infrastructure in the project area is Typical with that of an older town. Most of the streets in the Urban Renewal Area were constructed decades ago. Unimproved and substandard streets are found in the areas south of the Main and South "A' Streets corridor. Main and South "A" Streets from the Willamette River bridges, east to 19" Street, are deteriorating. Eventual reconstruction will be necessary for other collector segments in the plan area due to age. As outlined in project category A. Street Construction and Circulation Improvements, Tables 6 and 9, street construction and circulation improvements would be performed throughout the Renewal Area to improve the traffic infrastructure and lower the current City cost of maintenance. Examples include the redesign and construction of the South "A" and Main Street couplet and North "A" curb and streetscape improvements. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion of example projects.) The current streetscape in the Urban Renewal Area consists of little to no pedestrian amenities. Street trees can be found along both Main Street and South "A" but sidewalks area narrow in areas, rarely providing amenities such as benches, trash receptacles, or planters. Awnings are inconsistent, exposing pedestrians to the elements. As outlined in project category A. Street Construction and Circulation hnprovearents, Tables 6 and 9, streetscape activities and pedestrian amenities would improve the visual appearance of the area, and provide a better climate for new investment in the project area. An example may include improvements to pedestrian level street lighting. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion of example projects.) INFRASTRUCTURE AND UTILITIES IMPROVEMENTS The current storm water drainage system in the Urban Renewal Area is functioning for the majority of the area. Roadside ditches can still be found Downtown Urban Renewal Plan -Report November 26, 2007 17 along some areas of South Main Street. The age of the storm pipe system range from the 1950's to the 1990's and is comprised mostly of concrete pipe. There is a need to replace aging and undersized lines. Similarly, the sanitary sewer system consists primarily of concrete pipe, dating from the late 1940's changing to PVC pipe when lines have been rehabilitated. As outlined in Tables 6 and 9, project category B, Infrastructure and Utilities Improvements would be made throughout the Renewal Area. These improvements would upgrade the existing dated systems, to current acceptable standards, decreasing the yearly cost of maintenance and increasing the overall efficiency. Example projects include construction, reconstruction, repair, upgrading, and over sizing or replacement of electric, water, sanitary sewer and storm drainage facilities, and relocation of overhead line to underground locations. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion on proposed projects.) PUBLIC FACILITIES, PARKS, RECREATION, PEDESTRIAN, AND OTHER AMENITY IMPROVEMENTS The current state of public facilities, parks, and other amenities in the Urban Renewal Area lend to deteriorating buildings, undersized public facilities, and parks needing improvements and upgrades. The current Springfield Public Library has outgrown its small space in City Hall. This constriction limits the ability to offer amenities to community members. Public open space and parks within the area are in need of facility and access improvements. As outlined in Tables 6 and 9, project categories C. Public Facilities and D. Parks, Recreation, Pedestrian, and Bike Corridors and Other Amenities, redevelopment of and improvements to public buildings, parks, and open spaces would treat deficiencies and increase the number of visits to the Downtown area. Example projects include a new Springfield Public Library building, additional public art displays, park upgrades and expansions, the construction of a federally qualified health center, Springfield Museum improvements, and the addition of, or improvements to, public performance spaces. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion on proposed projects.) Parking remains a real and perceived issue for downtown merchants. The lack of parking has had a negative affect on the level of economic investment in the area. Not withstanding all of the benefits that will accrue from an improved pedestrian environment, few downtown businesses have been able to survive on a customer base derived solely from foot -traffic. As outlined in Tables 6 and 9, project category C. Public Facilities, puking improvements and additions would make it easier for tourists and visitors to shop, or take advantage of recreational opportunities, thereby encouraging expenditures and new investments in the area. Example projects addressing parking needs include the construction of a downtown parking structure, off-street surface parking construction and rehabilitation, and the development of a dual use parking/civic plaza. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion on proposed projects.) Downtown Urban Renewal Plan -Report November 26, 2007 18 PUBLIC SAFETY IMPROVEMENTS AND UPGRADES TO FIRE PROTECTION AND EMERGENCY RESPONSE SYSTEMS Fire -Station 4 serves the downtown area. It is currently undersized for the area it serves. As Glenwood (neighboring the Downtown Renewal Area) incorporates to the City of Springfield, Fire -Station 4 would be expected to extend its service to include this area as well as the Downtown Renewal Area. As outlined in Tables 6 and 9, project category E. Upgrades to Fire Protection and Emergency Response System, may fund the relocation of Fire -Station 4 to more adequately serve the Renewal and surrounding areas and ensure standards are met for emergency response times. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion of the project category.) REDEVELOPMENT, PRESERVATION, REHABILITATION, AND CONSERVATION The City does not currently offer assistance to private building owners in the Urban Renewal Area for rehabilitation or redevelopment. Many of the buildings would benefit from both fagade improvements and safety upgrades. As outlined in Tables 6 and 9, project categories F. Redevelopment of Commercial, Residential, Industrial, Etc. Through New Construction and G. Preservation, Rehabilitation, and Conservation, assistance for rehabilitation and new development would attract new investment to the area, and improve the building conditions and blighted appearance of the area. Examples of projects include the funding of a downtown redevelopment assistance program for new construction, a downtown building fagade improvements program, the creation of a downtown restoration and rehabilitation fund, and efforts in historic preservation. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion of the project categories.) PLANNING, TECHNICAL STUDIES, AND ADMINISTRATION As outlined in Tables 6 and 9, project categories J. Plan Administration and I. Technical, Financial, and Design Plans that include administration and planning activities would assure the Plan is carried out effectively and in conformance with applicable managerial and fiscal requirements. Included actions would be the funding of staffing and related support services. (Please refer to the attached Urban Renewal Plan, Section 600, for further discussion of the project category. Downtown Urban Renewal Plan-Reporl November 26, 2007 19 500. FINANCIAL ANALYSIS OF PLAN 500A. ESTIMATED PROJECT COST AND REVENUE SOURCES Table 6 shows the estimated total costs of the Downtown Urban Renewal Project. These costs are the total anticipated costs, allowing for 5% inflation during the life of the project. The principal method of funding the project share of costs will be through use of tax increment financing as authorized by ORS 457. Revenues are obtained from anticipated urban renewal bond proceeds and the proceeds of short term urban renewal notes. Table 6 shows that the total costs of project activities to the Urban Renewal Agency are estimated at $25,020,000 in 2007 dollars. A 5% annual inflation is assumed for the project costs. The Maximum Indebtedness authorized under this plan is $43,010,000. This amount is the principle of such indebtedness and does not include interest or indebtedness incurred to refund or refinance such indebtedness. The capacity for urban renewal bonds is based on projections of urban renewal revenues. Anticipated annual revenues are shown in Table 7 of this Report. Table 7 anticipates there will be 6 long-term bond issues during the life of the Plan. Bonds will be issued as revenues, project requirements, and overall bond market conditions dictate. In addition, the Renewal Agency will apply for, and make use of funding from other federal, state, local, or private sources as such funds become available. Downtown Urban Renewal Plan -Report November 26, 2007 20 Table 6. Proposed Downtown Urban Renewal Projects August 31, 2007: Estimated Costs and Completion Dales Project Expected Completion SEDA Share A. Street Construction and Circulation Ito rovements 2021 5 000,000 South A & Main Street Couplet Rede ign and Construction $2,200000 NoM A "Civic Street' Curb and Streetscac kn rovements $1,000,000 Downtown District Pedconan Level Street lighting $1,300,000 Pedestrian Corridor hn mvements $500,000 B. Infrastructure and Utilities losrovements 2022 1470000 Utility Undergrounding and/or Relocation Pro ects $970,000 SmrmwatcrS stem Improvements $500,000 C. Public Facilities 2025 6 100 000 Springfield Libr Building $1,000,000 Downtown Parking Structure $2,775,000 Downtown -Stott Surface Parlong Constmction and Rehabilitation $250,000 Downtown Public An $500,000 Island Park Fmilifies t1p,rades and Ex accoons Includin Parkin $1,000,000 Fcd,,mltv Onalifitii Health Centu $150,000 Siximutiold Museum $100,000 Main Street Dual Use Parkin Civic Plaza (Between Museum and A Center) $75,000 Public Performance Sp. to rovements $250,000 D. Parks Recreation Pedestrian and Bike Corridors and Other Amenities 2021 1 $2,050,000 Downtown Millrace Access, Restomfioo, and Improvements 1 $800,000 Downtown Parks Development and lm warats $600,000 Downtown "EntranodGateway" hn rovements $500,000 Downtown Public/Private Si nae Ito ro mens $50,000 St nS ace Tree Froman $100,000 E. Uparades, to Fire Protection and Emerpeary Restionse S stem 2025 JIRO 000 Fire Station Relocation $3,500,000 F. Redevelopment of Commercial. Residential. Industrial. etc. Throuah New Construction S1.900.000 Downtown Redevelopment Assistance Pmgmm(NCw Construction 2022 $1,900,000 G. Preservation Rehabilitation and Conservation 2018 $2650,000 Downtown Building Fafade Ito rovemenl Pro un $250,000 Downtown Restoration and Rehabilitation Fund $2,000,000 Historic Preservation $400,000 IL Provertv Ac uisition and Disposition NIA 0 1. Technical Financial and fission Plans 2011 $600,000 $600,000 J. Plan Administration 2026 $1,700,000 Staffing end SW,ort Services $1,700,000 K. Project Ideas Rem, irinEx ansion of Current Boundaries S50.000 South Mill Pond/Race Annexations (Improvements may N made without annexation or boundary expansion if outlined in Plan and approved by Larne Count $50,000 TOTAL ESTIMATED PROJECT COSTS $25,020,000 Note: Cost estimates are in 2007 dollars. SEDA Share Downtown Urban Renewal Plan -Report November 26, 2007 21 500B. ANTICIPATED START & FINISH DATES OF PROJECT ACTIVITIES The project activities shown in Tables 6 and 9 will begin in 2008. The sequencing and prioritization of individual project activities shown in these tables will be done by SEDA and any citizen advisory bodies that SEDA calls upon to assist in this process. The priority of projects and annual funding will be as established in the annual budget process. Completion dates for individual activities may be affected by changes to local economic and market conditions, changes in the availability of tax increment funds, and changes in priorities for carrying out project activities, especially with public partners like Willamalane Parks District, School District 19, Lane County, the Oregon Department of Transportation and others. It is estimated that all activities proposed in this plan will be completed and project indebtedness paid off by 2027. At that time, the tax increment provisions of this plan can be ended. 500C. ESTIMATED EXPENDITURES AND YEAR OF DEBT RETIREMENT It is estimated that the Downtown Urban Renewal Plan Area will collect tax increment revenue between the years 2008 and 2027. It is estimated that the Plan Area will produce $46.19 million in tax increment receipts in that period. These funds will be utilized to finance project activities and pay debt service costs, including interest, associated with undertaking these project activities. It is anticipated that available project revenues and funds accumulated in a special fund for debt redemption will be sufficient to refire outstanding bonded indebtedness in the year 2028 and terminate the tax increment financing provisions of the project. After all project debt is retired and the project closed out, it is estimated that there will be surplus tax increment funds. These funds will be distributed to taxing bodies affected by this plan, as provided in ORS 457. Table 7 of this Report shows the anticipated tax increment receipts for each year of the project and the use of those receipts. Table 7 follows on the next pages. For financial feasibility of the Downtown Urban Renewal Plan, please see Section 500E of this report. Downtown Urban Renewal Plan -Report November 26, 2007 22 Table 7. Cash Flow Table Relating to $25.02 Million in Project Expenditures - 2008 to 2013 - Resources and Requirements a. Resources 2008-09 2009-10 2010-11 2011-12 2012-13 Beginning Balance 0 $2,435 $29,305 $56,863 $186,363 Resources A. Tax increment Revenue 37,064 272,008 522,334 573,762 889,086 B. Bond Proceeds I longterm $0 $1,635,784 $0 $0 $3,635,076 C. interest $371 $19,078 $5,223 $5,738 $45,242 Total Resources $37,435 $1,929,305 $556,863 $636,363 $4,755,766 b. Project Requirements To Long teen Debt Service $0 $225,000 $225,000 $225,000 $725,000 Projects funded long and short debt $35,000 $1,675,000 $275,000 $225,000 $3,800,000 Total, projects and Debt Service $35,000 $1,900,000 $500,000 $450,000 $4,525,000 Ending Balance $2,435 $29,305 $56,863 $186,363 $230,766 Downtown Urban Renewal Plan -Report November 26, 2007 23 Table 7 Cont. Cash Flow Table Relating to $25.02 Million in Project Expenditures — 2013 to 2018 Resources and Requirements a. Resources 2013-14 2014-15 2015-16 2016-17 2017-18 Beginning Balance $230,766 $272,541 $289,337 $322,526 $356,731 Resources A. Tax increment Revenue 1,353,242 1,427,521 2,235,830 2,596,861 2,911,120 B. Bond Proceeds _ longterm $0 $0 $0 $10,299,381 $0 C. Interest $13,532 $14,275 $22,358 $128,962 $29,111 Total Resources $1,597,541 $1,714,337 $2,547,526 $13,347,731 $3,296,962 b. Project Requirements To Long term Debt Service $725,000 $725,000 $725,000 $2,141,000 $2,141,000 Projects Funded long and shortdebt $600,000 $700,000 $1,500,000 $10,850,000 $750,000 Total, projects and Debt Service $1,325,000 $1,425,000 $2,225,000 $12,991,000 $2,891,000 Ending Balance $272,541 $289,337 $322,526 $356,731 $405,962 Downtown Urban Renewal Plan -Report November 16, 2007 24 Table 7 Cont. Cash Flow Table Relating to $25.02 Million in Project Expenditures — 2018 to 2023 Resources and Requirements a. Resources 2018-19 2019-20 2020-21 2021-22 2022-23 Beginning Balance $405,962 $448,484 $512,551 $547,011 $585,250 Resources A. Tax increment Revenue 3,028,240 3,148,581 3,469,092 3,601,556 3,737,663 B. Bond Proceeds $4,100,000 $1,350,000 $1,450,000 long term $0 $0 $3,346,545 $0 $0 C. Interest $30,282 $31,486 $68,156 $36,016 Total Resources $3,464,484 $3,628,551 $7,396,344 $4,184,583 b. Project Requirements To Long tear Debt Service $1,916,000 $1,916,000 $2,749,333 $2,249,333 $2,249,333 Projects funded long and short debt $1,100,000 $1,200,000 $4,100,000 $1,350,000 $1,450,000 Total, projects and Debt Service $3,016,000 $3,116,000 $6,849,333 $3,599,333 $3,699,333 Ending Balance $448,484 $512,551 $547,011 $585,250 $660,956 Downtown Urban Renewal Plan -Report November 26, 2007 25 Table 7 Cont. Cash Flow Table Relating to $26.02 Million in Project Expenditures — 2023 to 2027 Resources and Requirements Beginning Balance Resources A. Tax increment Revenue B. Bond Proceeds long term C. Interest Total Resources b. Project Requirements To Long teen Debt Service Projects funded long and short debt Total, projects and Debt Service Ending Balance 3,877,513 4,021,209 4,168,856 4,320,564 $0 $5,020,090 $0 $0 775 $90,413 $41.689 $43,206 7 $2,249,333 $3,416,000 $2,000,000 $0 $2,100,000 $5,600,000 $2,200,000 $3,500,000 $4,349,333 $9,016,000 $4,200,000 $3,500,000 $227,911 $343,623 $354,167 $1,217,936 Downtown Urban Renewal Plan -Report November 26, 2007 26 500D. IMPACT OF TAX INCREMENT FINANCING The passage of Ballot Measure 50 (BM50) has changed Oregon's property tax system, and the impacts of urban renewal on taxpayers, and other taxing bodies. Prior to BM50, collection of tax increment revenues for a renewal agency resulted in an increase in the taxpayer's property tax rate. Taxing bodies suffered no revenue losses, unless there was overall compression of property tax revenues. Revenues Foregone by Affected Taxing Bodies Table 8 shows the anticipated cumulative incremental values in the Renewal Area over the life of the Plan and the anticipated property tax revenues foregone as a result of taxing bodies not being able to apply their permanent BM50 tax rates to those values. Present Value of Revenues Foregone Table 8, the revenues foregone, provides a Present Value calculation of the revenue foregone over a twenty year period. In [his calculation, the annual revenues foregone by the taxing bodies are discounted by 3.5%. That produces a lower, realistic picture of the present day revenues that might be foregone by the taxing bodies over the life of the Plan. Two additional notes should be made about revenues foregone by affected taxing bodies. One, Tables 7 and 8 both assume that all the new values in the Downtown Renewal Area would occur, even without the investment of urban renewal funds. It is more realistic to assume that the public expenditures on renewal activities will have some effect on the growth of values within the Urban Renewal Area. If one makes that assumption, some of the values which are used to calculate revenue foregone would not materialize at all. This assumption is not made, here, but if it were used, it would further reduce the revenues foregone by the affected taxing bodies. Two, some will look at the total revenues foregone, and assume that the total shown is lost immediately. As the revenue foregone tables show, these revenues are foregone annually, over an extended period of time, not all at once. Given the size of the total budgets of the taxing bodies, the annual revenues foregone usually represent only a minor percentage of their total budgets. Impact on Schools Under the current method of funding K-12 level education, the urban renewal program will not result in revenue losses for those educational units of government. Downtown Urban Renewal Plan -Report November 26, 2007 27 Financial Impact of Plan after Indebtedness is Repaid. When all the projects contained in the Urban Renewal Plan are completed, an estimated $321.7 million in assessed values will be placed back on the tax roll. In the following year, property tax revenues generated by those values are estimated to he approximately $4.32 million. The tax impact on each of the overlapping taxing bodies is shown in Tables on the following pages. Table 8. Taxes Foregone by Affected Taxing Bodies Urban Renewal Plan - $25.02 Million in 2007 cost Estimated Revenue foregone 19 Year Period Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total $3,967,663 $14,716,770 $6,125,466 $14,470,155 $696,196 $1,922,100 PV@3.5% $2,388,675 $10,438,743 $4,344,850 $10,263,816 $493,818 $1,363,364 Note: Under the current method of funding K-12 level education, the urban renewal program will not result in revenue losses for those educational units of government. PV = Present value of the revenue foregone. This adjusts future dollars to 2007 dollar totals. Downmwn Urban Renewal Plan -Report November26, 2007 28 Lane County Tax rate Sofld Tax Rate Will Park & Rec Tax Rate SD19 Tax Rate ESD Tax Rate LCC Tax Rate 1.2726 4.7203 1.9647 4.6412 0.2233 0.6165 Cumulative New Incremental Values in area Foregone On New Values Foregone On New Values Foregone On New Values Foregone On New Values Foregone On New Values Foregone On New Values $2,759,801 $3,512 $13,027 $5,422 $12,809 $616 $1,701 $20,253,797 $25,775 $95,604 $39,793 $94,002 $4,523 $12,486 $38,893,078 $49,495 $183,587 $76,413 $180,511 $8,685 $23,978 $42,722,439 $54,369 $201,663 $83,937 $198,283 $9,540 $26,338 $66,201,507 $84,248 $312,491 $130,066 $307,254 $14,783 $40,813 $100,762,650 $128,231 1 $475,630 $197,968 $467,660 $22,500 $62,120 $106,293,424 $135,269 $501,737 $208,835 $493,329 $23,735 $65,530 $166,480,294 $211,863 $785,837 $327,084 $772,668 $37,175 $102,635 $193,362,704 $246,073 $912,730 $379,900 $897,435 $43,178 $119,208 $216,762,479 $275,852 $1,023,184 $425,873 $1,006,038 $48,403 $133,634 $225,483,249 $286,950 $1,064,349 $443,007 $1,046,513 $50,350 $139,010 $234,443,839 $298,353 $1,106,645 $460,612 $1,088,101 $52,351 $144,535 $258,309,146 $328,724 $1,219,297 $507,500 $1,198,864 $57,680 $159,248 $268,172,449 $341,276 $1,265,854 $526,878 $1,244,642 $59,883 $165,328 $278,306,993 $354,173 $1,313,692 $546,790 $1,291,678 $62,146 $171,576 $288,720,236 $367,425 $1,362,846 $567,249 $1,340,008 $64,471 $177,996 $299,419,844 $381,042 $1,413,351 $588,270 $1,389,667 $66,860 $184,592 $310,413,691 $395,032 $1,465,246 $609,870 $1,440,692 $69,315 $191,370 $321,709,869 $409,408 $1,518,567 $632,063 $1,493,120 $71,838 $198,334 Total $3,967,663 $14,716,770 $6,125,466 $14,470,155 $696,196 $1,922,100 PV@3.5% $2,388,675 $10,438,743 $4,344,850 $10,263,816 $493,818 $1,363,364 Note: Under the current method of funding K-12 level education, the urban renewal program will not result in revenue losses for those educational units of government. PV = Present value of the revenue foregone. This adjusts future dollars to 2007 dollar totals. Downmwn Urban Renewal Plan -Report November26, 2007 28 500E. FINANCIAL FEASIBILITY OF PLAN Table 8 in Section 500 of this Report on the Plan shows the estimated costs of project activities at $25.02 million. Table 9 provides additional details pertaining to how costs were estimated. The principal source of revenue to carry out project activities will be annual tax increment revenues of the Renewal Agency. Anticipated tax increment revenues are shown in Table 8. The tax increment revenues shown in Table 8 are based on the following assumptions: The revenues shown in Table 8 are expected to be sufficient to carry out all project activities currently shown in the Urban Renewal Plan, and to retire project indebtedness within a 21 -year period. It is financially feasible to carry out the Urban Renewal Plan for the Downtown Urban Renewal Area. 600. RELOCATION 600A. PROPERTIES REQUIRING RELOCATION No relocation is anticipated at the adoption of this plan. 600B. RELOCATION METHODS - If in the implementation of this Plan, persons or businesses should be displaced by action of the SEDA, the Agency shall, as required by law, provide assistance to such persons or businesses to be displaced. Such people and businesses displaced will be contacted to determine their individual relocation needs. As required, they will be provided information on available space and will be given assistance in moving. All relocation activities will be undertaken and payments made in accordance with the requirements of ORS 281.045 - 281.105 and any other applicable laws or regulations. Relocation payments will be made as provided in ORS 281.060. 600C. HOUSING COST ENUMERATION The Downtown Urban Renewal Plan does not anticipate removing existing housing units. New housing is expected to be developed in the mixed use zones of the Urban Renewal Plan Area. A portion of units are expected to be rental housing units for low- to moderate -income residents. In addition, private development may build upwards (allowed under existing plan designations and zoning and at an average density of 15 units per acre). These would likely be priced for sale or rent to upper middle and upper income households as described in recent housing market analyses. Downtown Urban Renewal Plan -Report November 26, 2007 29 Table 9. Project Estimating Detail (Reflects Detail From Table 6) A S C D I E P 1 November 27, 200]'. E51imaLLN Costa and Com letion Dates 1 2 Ex cte0 SEDA OWER TOTAL PROJECT 3 PROJECT Completion SNARE SHARE CATEGORY COS _ 4 I 5 _ 911996606... 116990000 6 Somb A@Mein Street CoupleRedesign avd Cotmttvction $?200,000 $6,990,000 - _._ Stmwcepe Tmpr9vemmm _ $1,"0000 $2,000.0001 _ ] NoMrser Pecewbmd 6 Downtown Dimdm Pedstrien Level Street Lighting $1300,000 $$00000'. District 9 YWes[dart Cotndor lm rovemenis $W" $"00,0,000! 10 11 RInf.9Nn.n r. o.,n1r"Ywlmnmwmmla - 2022 $1,4/0,000 $9,154.4" 15,11211,11111) 12 Utility UndergmwdinganNarlelocvlionProlecis _ - $9700" $2,250,000 13 StormwaterS stem lm mveeents $W0,000I $2,100,000 14 _ T 2025 $$(IM.fi6D_ $1f1]5000 E1B 2]5 000 1$CP M1'lLocal, 16 9 - LibBuildin $i,"0,0" $2,W0,000$2,W0,0001] ov Downtownd n Pmkinge Surface 10 Downmwn POff ublic et Surtace Parking Construction are Rehabilimli9n- 19 Plummwn Public An _ es end Bx Incl9din Parker 20 Islu9d Park PacililicsU ad hs^sions( zt Federallyd Cerner $2,2/5,000 $$100,000 1 $250,0"1 $100,0001 1500,0"I $"0,0001 _ $3,"0,000 _. _$1,000,0" $150,000 $t 350,000 Measuar 22 S no bred Museum 23 Main Street Duel Use harkinP/Civic Plan etween Museum and AM Center) _ 24 Public PerComanceS Ie my meets 25 ° —. $100,000 _ $]5,0" $75,000 _ $250000 $150,000 —._. _ 26 202] _52,050.044 $600,000 _ 12.075.000 $1 000000 $4.12S.4W1 2] D9womum Milbazx Acav Rcstma0on and lmprovemenv _ _ __ 26 Downtown Parks lkvelo mem and lmpr ovemrnts_ - 29D9wnmwn "Frmanrelfmmwvv" Improv®rats - �_ $600,000 _ $1]5,000 $725,000 $500,000 _ _ 30 Down[own PpblicNrivem Si nage lm mvemees $50,00 $125,000 31 SIreeVOpen Space Tree Propose_ 32 33 $100,0_00 $50 ow 52.004,444$5500.000 $3.54440.0 _ 34 Fire Manor Relocation $3500,000 35 36 C-arr 2022 $1.940.4" $2000,0" sfi.900.000 'll No 000 $8,400,0001 3]Oowmoxm Rniwelo--tAssismnce Procw C9revumion $1,900,0" 38 rn..vsr nn a.x.n"mRnn rveYnn 1 39 f. P ,ad C -sic 281.6 $2,650.004' V-44 6 $250,000 $750000 40 DownWwn Building Facade lm rovemce Program 41 Downmwn Resmmtionwdltelarelimnon Peal _ $2,000,000 S5.800,000 42 Mean.,PreurvsOon 43 44 $400,000 $900,000 tLA _ $IL $4 59 45 46 5200000 $200,000 - 47 1 Tane iol, Ftinonchiliad Bridge Pimp) 2479 5544,444 $600,000 46 49 - _.. _. _.... _... 11.500,000 84 51.2110.904 50 1 dm 202fl 51 SmRn end Suntrn Services ffi, $1,700,000 52 53 NIA 050,400 S200M $20M &I 55 TOTAL ESTIMATED PROJECT COSTS S4684000 171 860.000 56 125 020 000 H5] SEDA 58 Nobe: Cast es4mabes are In 2007 dollars. 5hars Deveb r/Ca Total Pto'ect M., Share I Cal el, Cost Downtown Urban Renewal Plan -Report November 26, 2007 30 APPENDIX Downtown Urban Renewal Plan -Report November 26, 2007 31 RECORDING COVER SHEET (Please print or type) This cover sheet was prepared by the person presenting the instrument for recording. The information on this sheet is a reflection of the attached instrument and was added for the purpose of meeting first page recording requirements in the State of Oregon, and does NOT affect the instrument. ORS 205.234 Lane County Clerk e[ After recording return to: ORS 205.234(1)(c) Lane County Deeds and Records 2013-0053 Level 3 Communications, LLC 1111111111111111111111111111111111111111111111111 $252.00 NIS - ROW C/o Christina Buffington 01394490201300495530430431 1025 Eldorado Blvd. RPR-TRRN Cnt=1 Stn_S CASHIER 008309:18;38 AM Broomfield, CO 80021 $215.00 $10.00 $16.00 $11.00 1. Tltle(s) of the transaction(s) ORS 205.234(1)(a) Easement Deed by Court Order in Settlement of Landowner Action 2. Direct party(ies) / grantor(s) Sharon Zografos Steven K. & Kathy T. Simpson Da,ld L. E Call P. Vfclr Darren Robert Ricketts (see Exhibit 1) 3. Indirect party(ies) / grantee(s) Level 3 Communications LLC WilTel Communications LLC Qwest Communications Company LLC 4. True and actual consideration: ORS 205.234(1) Amount in dollars or other $ .00 Other: 6. Satisfaction of lien, order, or warrant: ORS 205.234(1)(f) ❑ FULL ❑ PARTIAL 8. Previously recorded document reference: Name(5) & Address(es) ORS 205.234(1)(b) N:im,(c) &Addre -,(cs) C -- _5.2= �'. S. Send tax statements to: ORS 205.231(1)(c) j Level 3 Communications LLC 1025 Eldorado Blvd. Broomfield, CO 80021 7. The amount of the monetary obligation imposed by the lien, order, or warrant: ORS 205.234(1)(f) 9. If this instrument is being re-recorded complete the following statement: 'Rerecorded at the request of to correct previously recorded in book and page , or as fee number ORS 205.244(2) Certified to be arU copy oI Dated Mary LUNITED STATES DISTRICT COURT USDisFOR THE DISTRICT OF OREGON By Dep EUGENE DIVISION Pages_ SHARON ZOGRAFOS, et al., for themselves and for all others similarly situated, Plaintiffs, V. QWEST COMMUNICATIONS COMPANY, LLC, et al. Defendants. Case No. 6:00-cv-06201-AA EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION WHEREAS, the parties to the above -captioned class action (the "Action") entered into a Oregon Class Settlement Agreement, as of September 21, 2012, (the "Settlement Agreement') (terms capitalized herein and not otherwise defined shall have the meanings ascribed to them in the Settlement Agreement); WHEREAS, on "�(,I, __ �L, 2013, the Court entered a final Order and Judgment approving the. Settlement Agreement and ordering that this Action may be settled as a class action on behalf of the following class: A class (the `Settlement Class") defined as: a class comprising all Persons who own or who claim to own, for any period of time during a Compensation Period, any Covered Property, provided, that "Settlement Class" or "Class" does not include: (1) Right -of -Way Providers and their predecessors, successors, parents, subsidiaries, and affiliates, past or present; (2) federal, state, and local governmental entities; (3) Native American nations and tribes; or (4) any Person who files a valid and timely exclusion on or before the Opt -Out Deadline. Members of this Class are referred to below as Class Members; EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION WHEREAS, the Settlement Agreement provides for the entry of an Easement Deed by Court Order in Settlement of Landowner Action by which the Settling Defendants acquire, to the extent that Class Members have the right to transfer it, a permanent telecommunications easement in the Right of Way adjacent to the property of each Class Member; THEREFORE, IT IS HEREBY ORDERED AND AD.NDGED THAT: 1. To the extent that each Class Member owns rights in the Easement Premises (as hereafter defined), the Class Member (the "Grantor") hereby grants to whichever of Qwest Communications Company, LLC, Level 3 Communications, LLC, and WilTel Communications, LLC has Designated for inclusion under the Settlement Agreement the Right of Way which adjoins, underlies or includes Covered Property owned by the Class Member, together with its successors, assigns, and licensees (the "Grantee"), a permanent telecommunications easement in the Easement Premises. For each county in which this Easement Deed by Court Order in Settlement of Landowner Action is being recorded, a list of affected Class Members and their affected parcels is attached as Exhibit 1. Exhibit 1 shall describe Class Members' affected parcels with the following information, to the extent that it is in the Database of Identification Information: owner name; owner mailing address; tax map identification number; tax parcel identification number; lot number; and section, township, and range. Exhibit l may describe Class Members' affected parcels with any other available information. 2. The terms and conditions of the permanent telecommunications easement that is the subject of this Easement Deed by Court Order in Settlement of Landowner Action are: a perpetual easement and right of way (hereinafter, together with the rights and privileges herein granted, the "Easement') and right to place, lay, bury, construct, install, operate, repair, maintain (including aerial patrol), renew, rebuild, replace, upgrade, expand, relocate, and remove 2 EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION fiber optic cables, copper cables, coaxial cables or other cables through which voice, data, video or other signals are transmitted, conduits, inner ducts, hand holes, splice vaults, poles, optical or electronic equipment, regenerator huts, marker posts or signs, and other related facilities appropriate for installation, use, or maintenance of such cables (collectively, the "Telecommunications Cable System"), in, on, over, under, through and/or across the Easement Premises. The Easement Premises means all that real property that (a) either (1) is included within a parcel of property that is described in Exhibit 1 or (ii) has a common boundary with a parcel of property described in Exhibit 1 (the "Grantor's Property") (for purposes of this Telecommunications Cable System Easement Deed, a parcel of property shall be deemed to have a common boundary with the Easement Premises if it is separated by a non -navigable river or a street, road, or highway, other than a numbered state or federal highway) and that (b) (i) is or was used as a railroad right of way ("Railroad Right of Way") and (ii) is on a side of the centerline of the Railroad Right of Way that is next to the Grantor's Property (the "Grantor Side"), and (iii) extends no more than ten (10) feet on each side of the Grantee's Telecommunications Cable System (A) as it existed on October 29, 2012 (B) where the actively used components of the Grantee's Telecommunications Cable System are moved or placed, provided, however, that only a single 20 -foot easement per moved component may exist at any point in time in the Easement Premises, and the width of the moved component's Easement Premises shall be reduced on one side and increased by an equal linear footage on the other side wherever necessary in order that it shall in all places remain solely within the limits of a single Grantor Side of the Railroad Right of Way, and (C) where new components we installed to connect the existing Telecommunications Cable System to the edge of the Right of Way. The 3 EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION Easement shall be construed to grant Grantee all rights necessary to abandon in place unused components of Grantee's Telecommunications Cable System. The Easement shall not include the right to construct on the Easement Premises regenerator huts and similar structures ("Buildings") in addition to those existing on October 29, 2012. The Easement shall include the rights to repair, replace, and expand existing Buildings, provided, however, that no such repair, replacement, or expansion shall increase the site that the Buildings occupy, or the height of any Building, by more than twenty-five percent. The Easement does not permit the construction of microwave towers, cell towers, or other components of a primarily aboveground statewide Telecommunications Cable System. The Easement includes the right to temporarily use the entire Grantor Side of the Railroad Right of Way for construction or maintenance, so long as Grantee uses its best efforts not to interfere with any real property which, although within the boundaries of the Easement Premises, is actually being used by Grantor, provided, however, that in no event shall Grantee be prohibited from using such real property if it is commercially reasonable to do so under the circumstances or if Grantee's Telecommunications Cable System is currently located within such area. The Easement shall include the right of reasonable ingress and egress to and from the Easement Premises over that portion of the Grantor's real property that underlies the Railroad Right of Way and, for repair and maintenance, over any existing private roads of Grantor, where access from public or railroad roads is not reasonably practical, provided Grantee has made commercially reasonable efforts to give prior notice to Grantor of Grantee's use of Grantor's private roads. Grantee shall not he liable for damages caused by its removal of trees, undergrowth, and brush within the Easement Premises necessary or appropriate for the enjoyment of the Easement. Nothing contained herein shall constitute a waiver of any right that 4 EASEMENT DEED BY COURT ORDER M SETTLEMENT OF LANDOWNER ACTION Grantor may have for any damages to Grantor's property outside of the Easement Premises caused by Grantee's action. If Grantee's action causes damage to any of Grantor's existing improvements, including houses, garages, shops, sheds, and fences, or growing crops, which are within the Easement Premises, Grantee shall pay reasonable compensation to the Grantor for such damage to the extent provided by law. From and after [date of final approvafl, subject to all the restrictions and limitations stated herein, the Easement includes the right to construct and install additional components of a Telecommunications Cable System within the Easement Premises. Grantee agrees that, unless (a) it is required to do so by the railroad or other owner of Railroad Right of Way or (b) it is commercially reasonable under the circumstances to do so, it will not install additional components of a Telecommunications Cable System in the area of the Easement Remises that is outside a parallel fence constructed by the railroad or other owner of Railroad Right of Way or is actually being used by the Grantor or its successor, provided, however, that the foregoing shall not be binding upon Grantee if Grantee's Telecommunications Cable System is currently located within such area. If Grantee's action causes damage to any of Grantor's existing improvements, including houses, garages, shops, sheds, and fences, or growing crops, which are within the Easement Premises, Grantee shall pay reasonable compensation to the Grantor for such damage to the extent provided by law. The Easement includes all rights necessary to the lawful occupation of the Easement Premises by an existing Telecommunications Cable System, and by any additional Telecommunications Cable System that is constructed and installed by or on behalf of Grantee in the Easement Premises and that is owned or operated by either (a) Grantee or (b) any person or entity to which Grantee sold, granted, leased, or otherwise transferred or may hereafter sell, 5 EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION grant, lease, assign, or otherwise transfer, all or any part of the rights in or use of such Telecommunications Cable System. The Easement, however, does not apply to any Telecommunications Cable System that existed on October 29, 2012, but that was acquired by Grantee after that date (unless such Telecommunications Cable System or component thereof was acquired from any of Sprint Communications Company L.P.; Qwest Communications Company, LLC, &Ida Qwest Communications Corporation; Level 3 Communications, LLC, Level 3 Communications, Inc., and Level 3 Telecom Holdings, Inc.; WilTel Communications, Inc.; WilTel Communications, LLC; and Williams Communications, LLC, fTJa Williams Communications, Inc., f/k/a Vyvx, Inc.). No oil, gas, or other mineral rights are granted and no existing oil, gas, or other mineral rights are expanded, limited, or affected by this instrument, provided, however, that Grantor shall not use a method of extraction that interferes with or impairs in any way the Easement, the Telecommunications Cable System, or the exercise of Grantee's rights herein. Grantor shall not, nor shall Grantor authorize others to, construct or create any road, reservoir, excavation, obstruction, structure, or building or change the land grade on, in, over, under, through, or across the Easement Premises without the prior written consent of Grantee, provided that nothing herein shall be construed to affect the rights and obligations of any railroad with respect to the use, improvement, or alteration of its Railroad Right of Way, as provided in any agreement between the railroad and the Grantee, by applicable law, or otherwise. It is understood and agreed that the Easement is not exclusive and is subject to all pre- existing uses and pre-existing rights to use the Easement Premises, whether such uses are by Grantor or others and whether for surface uses, crossings, or encroachments by communication 6 EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION companies or utilities. It is further understood and agreed that Grantor retains all of its existing rights, if any, to grant, convey, assign, and restrict any and all rights (including future rights and uses) on the Easement Premises, provided, however, and notwithstanding the foregoing, that Grantor shall not use or authorize others to use the Easement Premises in a manner that interferes with or impairs in any way Grantee's Telecommunications Cable System or the exercise by Grantee of the rights granted herein. Subject to the terms hereof, Grantee shall have all other rights and benefits necessary or useful to the full and complete enjoyment and use of the Easement for the purposes stated herein, including the right to sell, grant, lease, or otherwise transfer all or any part of the rights in or use of the Telecommunications Cable System. Grantor conveys the Easement without warranty of title to any property interest in the Easement Premises. This instrument does not address and shall not affect any real property rights, including the priority of interests, between Grantor and any railroad or between Grantee and any railroad, or any of their predecessors, successors, past or present predecessors in interest, successors in interest, successors in title, members, partners, parents, subsidiaries, affiliates, - lessees, assigns, and past, current, or future licensees or assignees. This Easement is not intended to impact or diminish any railroad's existing rights or property interests in the Right of Way. This Easement shall not be construed to permit Grantee to interfere with railroad operations. This Easement also shall not permit any component of a Telecommunications Cable System to remain in a Railroad Right of Way except (a) under existing or future agreements with the railroad or (b) in any Railroad Right of Way in which no railroad operates and no railroad retains any right, title, or interest. This Easement also shall not permit any new components to be installed to connect the existing Telecommunications Cable System to the edge of the Right 7 EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDO WNERACTION of Way in any Railroad Right of Way as to which the Interstate Commerce Commission or the Surface Transportation Board has entered an order, pursuant to 49 U.S.C. § 10903, that the railroad is authorized to cease to provide or maintain rail service over that right of way and the railroad no longer provides or maintains rail service over that line, provided that if the railroad does not cease such rail service or later reactivates such service, then this limitation shall not apply. This Telecommunications Cable System Easement Deed is executed and delivered on behalf of Grantor for the purpose of granting the Easement to Grantee in, on, over, under, through and/or across the Easement Premises to the full extent of Grantor's right, title or interest, if any, in or to the Easement Premises, and the Easement granted hereby shall affect the Easement Premises only to the extent of Grantor's right, title, and interest therein. Grantor and Grantee agree that this Telecommunications Cable System Easement Deed shall not grant any rights to the Easement Premises, or any portion thereof, in which Grantor holds no right, title or interest. No rights reserved to Grantor herein shall be deemed to expand rights reserved to Grantor under any other easement, right of way, license, lease, or any similar instrument or court order. No limitation herein on the rights of Grantee shall be deemed to limit rights heretofore granted by Grantor or its predecessors in interest under any other easement, right of way, license, lease, or any similar instrument or court order. The terms and provisions of this instrument shall constitute covenants running with the land and shall be binding upon and inure to the benefit of the Settling Defendants, the Grantor, their successors, assigns, personal representatives, and heirs. S EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION This instrument fully sets forth the terms and conditions of the Easement. There are no oral or other written agreements between Grantor and Grantee that modify, alter, or amend this instrument. TO HAVE AND TO HOLD the Easement, rights and privileges unto Grantee, its successors and assigns in perpetuity or until such time as Grantee shall cause the Easement to be released of record. 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Torp LLP 888 -SW Fifth_ _Ina.—, Suite 1600 Portland,_OR 972.04 THIS "I'It115'CDPF,ll. medeon. January_ It, 2018--------gigemonp _yxY_ ---- KaLQl kp, LLCI an Orcoulimited 1 it tp_ea P_ y_ _. . s --Cascade I [1_Co Gnlnor. _ ___ - - _. .1 IIuste ,and K d_ U .vel p t G p L C 0. 14 1 t d 1 b 1 t_ p Y s Dena <imp, wI 5f5lF, _Ttd Ganh ocThly pram luge'n II nd wwcya 1 ,,,tms.,w I I:alcthcpmp- crly in Lars re,Coaaty, Oresan, de..¢Ibed as Ind.—(load d""I c"f efpmperyj. See Exhibit A attached hereto. rage fin lah all and aingolu the tentmolu, heredInnanm and appurn,mance5 Cnd all other dghts llm[euoN belonging or IF any x ay es)lar eppert.- 6 ne eF.a, led pmG¢d f d IIa.In e.'berrafer It 1-1, rileal is an nea,on III the peoper, PoRTH E In F Ile 111111RIK11 lePORMaNCn IF me I:[rtemn:miCrvumr Fe 'a"a.cdui yoymx n I: I ...... t o e. Hn31IL6Il I' TI waanJ, d 001100 ($750,000.00).-- K'.se • I e,a .r. n.ybvn e° ne a r6T.. o: FIe.... Vuyn -e n. -al .,a,, 11 1930 2021 ShIlld cal18111 n b t II -.n'. n o - n' x e e v t..w s -u - It Irn r„� n r nei, ea e aUll o� �n Int In nn rce r n v nd .m n o -m,. 'v=nl n n: e.r. .,.nnn.. �. n, n, r 1 n 5 ,., I T rt g.on rmldo J y-: oo orvoo.eo n. y b uEla or ' 1 M1uw VIII no,:o F. -II 11 y ara link,a o..e(n:c b.Id g If, I,0. +,1,m,yvc da In- 111 .1 11 a..m,me. nu,n, - - _nmNrwlmmn .ss,,<,., m, ,n-, "I IFI I_..__ aIIl "a—, TE r=ovenr=san=uw,"r "InCl1v ea we 1n1.w.- :h: aner m9, and e.. e.nFIF'IL siu.nrtcd in mn WARNING: Unless parlor Provides bereficiary wiM evidence a insurance coverege as capered by the ...user or lean agreement between them, benchi iary racy phaeton, imurance a eartor s expense to proved heaticiary s inmrest. This insurance may, but need not, also pro[eu$anror's interest if the collateral becomes d®,aged, Me.vemge purchased by benefinary may not Pay any claim made by or spatial grantor. Grantor may later ca erl Me coverage by providing evidence Mat grsoner has obtained pmpedy coverer, elsewhere. Grantor is responsible for the cost fany insurance coverage purchased by bereficinry, wldch cost may N added to garter's contract or loan halance. If it is so added. the interest Rate on the underlying contract or loan will apply to it. The effect. -ante of c.cc.,e nmy be the dam grari grin........ lapse l or Or dam grantor failed to provide proof of covet- . are. The covoragc beoeFlcinry purchases may be considerably mare expensive flan insurance grarim might o lows vise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance "abon wren imposed by ap,he, ble paw. ,®error xamnu 6. me poach ofus man,,,N N1by Nesbcs do[ribeeres, malickWnhmartbass. me),- lingularmtlnee dr show, ane nn Ser. divas, etNU b, mace» river. mma- IN lVTPNESS WffEREOP, gran., has enecumd this in unman the date art d dare; any sig tme as of a business or other entity u more with tree authority of that rntity, lar t o, Li C 9MPoRlRNTRORICE Debt, byllningoul,vmlNe.erwvnnryp)m$y 1b11a lnaplMkWla It wmm,�ly (q. apphi aM Me benrlkNry GeOr a crm=..0 weal Ia tlalYlad In Me RIM .Lendln9 Act anal 6a r nage: ulatlon Z, Me bewllcary MUST comply with the AR and - --- --- - "I. Sulders by meLny aq,dred dleciverve. It eompllwlee IM who Acus not requires it .,and tiro nODuo `STATE OF OREGON, County of -This record was ahnowpdged before me be __.__ ....... ._.. ,__.__.., by d NH ThiemconWuack------g------- me un. ...____-_.. _._-,._Y.-1Z,_.___...____., 1/ f PdIQtko-p L/LCA _,_- _ --- ____ [my Public for Og J My commission ,slue\ REQUEST FOR FULL REWNVEYANCE (To W usual only when obl"gMlom have been paid.) _ _ _ _----- ------------ _-Truau. '1M whnignetli[ 11K leg. owner anJ M1.IhrOfwl phbledna[ cswN by Ne faegoingvundeed All [roper [smMby th witbtJ have been fiats lid w,d mtielW. Yuu I¢,ebY a,u Jimn<J, on %oo.i W yuu ureal lume —ii,tu Ynu unhr 1M useve ofrw awl dem a smsnwa ovwenn. aires. all ,vita N irdm¢d—, seb.RR ay the trove. ovEich a,e h.—a as You Mewila bgMerwllb tLe. awd) and m mm., wiWm wamnlY. m As swan, aabd by 1.wo. d .lrv6 hM.n,ea4¢ o ow whi by Ynu undo, lM wvaa. MW its .1 d. --m .... _. _.. _... Unna seven so not lase or dextro Ib" T ..1. ul,..a Enron OR s bar rine wMr-0 11 "ores,R.m aborad fedi almean _ ry ..._.. _. I. "ore reconveyance is ln.de. RnneRciwy EXHIBIT A Real Property PARCEL l: Parcel 2 of Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records, in Lane County, Oregon. PARCEL 2: Beginning at the iron rod marking the Northwest corner of Parcel 2 of Lane County Land Partition No. 91-P0172 being on the Southerly right-of-way line of South "A"; thence, South 780 58' 00" East 304.25 feet along the South right-of-way line of South "A" to the reinforcing rod marking the Northeast comer of said Parcel 2; thence, South 780 58' 00" East 51.09 feet along the South right-of-way line of South "A" to a point; thence, South 790 58' 00" East 66.93 feet continuing along said Southerly right-of-way line to a point; thence, continuing 50.00 feet along said Southerly right -of way line as it follows the are of a curve to the left having a radius of 5759.58 feel to a reinforcing rod marking the Northeast corner of that tract described in that deed filed at Reel 1009R, Instrument No. 7942743, Lane County, Oregon Official Records which bears South 800 12' 55" East 50.00 feet from the last described point; thence, South 110 02' 00" West 170.00 feet along the East line of the last above described tract to a reinforcing rod marking the Southeast corner thereof; thence, North 78° 58' 00" West 40.00 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, South 860 26' 00" West 184.80 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, North 780 58' 00" West 213.45 feet along the South line of said tract being a line parallel with the Northerly line of Parcel 2 of said partition (being the South right-of-way line of South "A") to a reinforcing rod set on the Southerly projection of the East right-of-way line of Seventh Street; thence, North 00 2B'06" East 40.00 feet along the South line of said tract being said Southerly projection of the East line of Seventh Street to a reinforcing rod; thence, North 780 58' 00" West 387.14 feet along the South line of said tract being a line parallel with said Northerly line of Parcell to a "PK" nail and washer set on the Southerly projection of the East right-of- way line of Sixth Street; thence, South 870 46' 38" West 230.65 feet along the South line of said tract to a reinforcing rod marking the angle point in the North line of Parcel 1 of said Partition; thence, North 20 13' 48" East 218.95 feet along the North line of said Partition to an angle point in the North line of said Partition Plat on the South right-of-way line of South "A"; thence, 41.92 feet along said North line and said right-of-way line as it follows the are of a curve to the right having a radius of 1879.86 feet to a point which bears South 840 06' 20" East 41.92 feet from the last described point; thence, South 820 08' 00" East 98.68 feel continuing along said North line and said right-of-way line to a point; thence, South 800 08' 00" East 99.22 feet continuing along said North line and said right-of-way line to a point: thence, South 79° 08' 00" East 99.74 feet continuing along said North line and said right-of-way line to a point; thence, South 780 58' 00" East 273.30 feet to the point of beginning, in Springfield, Lane County, Oregon. EXCEPT TI IEREFROM Parcel 2 of Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records. Em IIRIT A PAGeI CIVIL California all-purpose Certificate of 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 _Riverside_ss On is cc_ , 20L7, before me, _Carol A. Wilson_, Notary Public, personally appeared G_C o rrc_ g . r- 0+ k 0 ----- who proved to me on the basis of satisfactory evidence to be the person(iv( whose name is/ay6 subscribed to the within instrument and acknowledged to me that he/si executed the same in his/Wr/ter authorized capacity(io,and that by his/t)er/tlh@Ir signature(A on the instrument the persona, or the entity upon behalf of which the person( 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. % �� GCAROL 221180 Signature 2a-C� 7r1.�yJ ..^ COMM .A.a2zzttfio terf� XOTAa'111CCD,Si nature of Nota ryPublic as 1MN � Comm. Ex .DEC 6, 2[127 My comrassionexrites 06 DEC aBF1.3C11 v"/ i (Notary Seal) _ OPTIONAL SECTION DESCRIPTION OF ATTACHED DOCUMENT '7615 645111E- Title,Typc of Document�ll. S7`�Oec.�,_. Document Date 45at, : _201 7 _ Numberof Pages -3 t -)'L %}cKneW ed- CAPACITY(IES) CLAIMED BY SICNER Nantaof Slg.cr(s) 6eo0 C ' "litle(s) j`�q6fla- "/" Sigoaris Representing: _ California Acknowledgment/ as of Jan 1, 2015 Y.STER,RECOROINO RMRN TO: CASCADE I ITLE WMPANY 811 W UAMErtF ST. EOCENE. ORS7401 �✓ Q-V)DDIt00 y1N AFTER ECORDING RETURN TO: Lane County Clerk 2018.001102 Gleaves Swearingen Lane County Deeds and Records EugAttnene, Oregon r goricia Suite $51.00 975 Oak Street, 7401 an IIIIIIIIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIIVIIIIII 01/12/2018 09,23:54 AM RPR-ADDM Cnt=1 Stn=9 CASHIER 11 $25.00 $10.00 $11.00 $21.00 ADDENDUM TO TRUST DEED RECITALS A. On this January 11 _ , 20 I8_. Karotko, LLC, an Oregon limited liability company ("Borrower" or "Grantor") executed and delivered to Kendall Development Group L.L.C., an Oregon limited liability company ("Lender" or "Beneficiary") that certain Trust Deed recorded of even date, Instrument No. 2-0 B -1" 7 Gl._ , Lane County Official Records ("Original Trust Decd"). B. Grantor and Beneficiary desire to modify, supplement and amend the Original frust Deed, as more particularly set forth below in this Addendum to Trust Deed ("Addendum"): ADDENDUM Improvements and Alterations: Maintenance. 1.1 Improvements. Beneficiary understands that Grantor has acquired the Property for the initial purpose of improving it as replacement building for Ramsey-Waite's showroom and pares and service departments. However, Grantor shall not make or cause to be made any additions, repairs, improvements or alterations to the Property at any time prior to full payment of the Note secured by the Trust Deed without having first obtained the written consent of Beneficiary, which will not be unreasonably delayed, conditioned or denied. As a condition of giving consent, among other conditions, Beneficiary may require Grantor to provide a copy of the plans and specifications for the proposed improvements and may require evidence that Grantor's contractor is licensed, bonded and insured, but Beneficiary may not require a construction or completion bond or other security to cover the proposed costs of construction. All alterations and improvements constructed by or for Grantor shall be completed by a licensed contractor in a good and workmanlike manner, lien free, and in strict compliance with the plans and specifications approved in advance by Beneficiary; if Beneficiary has not responded in writing to a request from Grantor for approval or consent under this paragraph within ten (10) business days after Grantor's request, Grantor's request for approval or consent will be deemed to be granted. All improvements now located or which shall hereafter be placed on the Property shall remain a part of the Property and shall not be removed at any time prior to full payment of the Purchase Price without the prior written consent of Beneficiary. 1.2 Maintenance. Grantor shall not commit or suffer any strip or waste of the Properly and shall maintain the Property, and all alterations thereof and additions thereto in good condition and repair, ordinary wear and tear and uninsured casualty excluded. 2. Environmental Matters. At no time prior to full payment of the Note secured by the Trust Decd may Grantor: (i) bring or use any Hazardous Materials on, in or about the Property except in compliance with all applicable federal, state and local laws and ordinances; and (ii) without the prior written consent of Beneficiary (which consent may be withheld in Beneficiary's sole and absolute discretion), place any underground storage tanks on the Property or store Hazardous Materials in containers larger than 25 gallons each. If at any time the presence of Hazardous Materials on the Property caused or released by Grantor or Grantor's employees or contractors results in contamination of the Property, Grantor will indemnify, defend and hold Beneficiary harmless from and against any and all liabilities, claims, damages, costs and expenses of any kind and nature, including, without limitation, legal, accounting, consulting, engineering or other expenses which may be imposed upon Beneficiary by any other person or entity (including a governmental entity) which arise as a result of any contamination. 3. Compliance with Laws. Until the Note secured by the Trust Deed is paid in ILII, Grantor shall promptly comply and shall cause all other persons to comply with all laws, ordinances, regulations, directions, rules and other requirements of all governmental authorities applicable to the use or occupancy of the Property. 4. Liens. Until the Note secured by the Trust Deed is paid in full, Grantor shall keep the Property free from construction and all other liens and save Beneficiary harmless therefrom and reimburse Beneficiary for all costs and attorney fees incurred by Beneficiary in defending against any such liens until the Purchase Price is paid in full. 5. Insurance. At all times prior to full payment of the Note secured by the Trust Deed, Grantor shall (i) keep all buildings and improvements now or hereafter erected on the Property insured for not less than the replacement value of the improvements against loss or damage by fire or other casualty with extended coverage, vandalism coverage, and ordinance coverage endorsements with loss payable to Beneficiary in an amount not less than $750,000 (or the full insurable thereof, if less than $750,000) and the balance to Grantor; and (ii) keep in force a policy of comprehensive public liability insurance insuring Beneficiary and Grantor against any liability arising out of the ownership, use, occupancy or maintenance of the Property and all areas appurtenant thereto in an amount of not less than $2,000,000 combined single limit coverage. Grantor shall pay all insurance premiums as and when payable. Grantor shall deliver to Beneficiary a certificate from the insurer confirming the amount of coverage and stating that coverage will not he canceled or reduced without a minimum 30 days' prior written notice to Beneficiary. In the, event of any loss, Grantor shall give immediate notice to Beneficiary, and all proceeds may, at the option of Beneficiary, be retained and applied by Beneficiary toward payment of all amounts owed under this Agreement, or be paid wholly or in part over to Grantor upon such conditions as Beneficiary may determine for the restoration and repair of the improvements. The liability policy shall provide that it is prior to payment of claims and that any liability policy obtained by Beneficiary will not contribute to the payment of any claim paid by Grantor's liability insurer. Paget of4 6. Assienment of Leases and Rents. As additional security for payment of the Note secured by the Trust Deed, Grantor hereby assigns to Beneficiary all leases on the Property, and all rents derived from the Property, subject to Grantor's right to collect the rents so long as Grantor is not in default under the "Crust Deed or the Note secured thereby. 7. Indemnification. Grantor shall forever defend, indemnify and hold harmless Beneficiary from any claim, loss or liability arising out of or in any way connected with Grantor's ownership, possession or use of the Property, Grantor's conduct with respect to the Property or any condition of the Property arising during Grantor's period of ownership of the Property. In the event of any litigation or proceeding brought against Beneficiary arising out of or in any way connected with the matters in the foregoing sentence, Grantor shall, upon notice from Beneficiary, vigorously resist and defend such litigation or proceeding through legal counsel reasonably satisfactory to Beneficiary and indemnify Beneficiary from all costs related thereto. 8. Restriction on Assisnment and Encumbrances. Until the Note secured by the Trust Deed is paid in full, Grantor shall not sell or transfer or enter into an agreement to sell or transfer any interest in the Property or permit any lien or encumbrance to attach to the Property or Grantor's interest under this Agreement without the prior written consent of Beneficiary, which consent may not be unreasonably delayed, conditioned or denied, except as follows: 8.1 Affiliates. Grantor may transfer any interest in the Property to an entity ("Transferee Entity") if the majority of the ownership interests in the Transferee Entity are held by an owner of Grantor, or to a trust the lifetime beneficiary of which is an owner of Grantor; 8.2 Earnest Monev Agreement. Grantor may enter into an agreement to sell or transfer any interest in the Property, as long as the agreement requires payment in full of the Note at or prior to the closing of the agreement to sell or transfer; 8.3 Partial Release. Grantor may enter into an agreement to sell or transfer any part of the Property that constitutes a legal lot or parcel, or other lawfully established unit of land, as long as Beneficiary is paid, at and through the closing, an amount that is no less than the lesser of: (a) the amount outstanding to Beneficiary under the Note secured by this Trust Deed, or (b) the "ProRata Amount," as defined in the next sentence. The PloRata Amount is a percentage of $750,000, the numerator of which is equal to the square footage of the land in the legal lot or parcel to be sold and the denominator of which is the square footage of the land comprising the Property. 9. Effect of Addendum. This Addendum is entered into and made a part of the Original Trust Deed as if attached to and set forth in the Original frust Deed. All references in the Original 'frust Deed and this Addendum to the "Trust Deed", "this instrument" or "this deed" (or words of similar import) are intended to refer to the Original Trust Deed as modified, supplemented and amended by this Addendum, and in the event of any conflict between the provisions of the Original Trust Deed and this Addendum, the provisions of this Addendum will control. [Signatures of Following Page] Peg, 3 ot4 IN WITNESS W YEREOF, the parties have executed this instrument effective as of the date first above written. LENDER: BORROWER: KEN D F.V EI )P UP L.L.C. KAROTKO LLC � By: _ By: O D vid E. Ble -ett, Mana&rV George K ello, Manager S'I'A'I r OF OREGON ) )SS. County of 12 . ) This instrument was acknowledged before me on jMW 201� by David E. Blewetl as Manager and on behalf of Kendall Development L OFFICIAL STAMP-"--- CHRISTIE DAWN WITHAM NOTARY PUBLIC-0REGON COMMISSION N0.963311 MY COMMISSION EXPIRES JUNE 12, 2021 Notary Public for Oregon ^ / My Commission Expires: S" FA FE OF.CAL.IFORNIA ) )ss. County of �,) This instrument was acknow2dYK'r�d before me on 20 , by 7C 010 George Karotko, as Manager and on beh df .1 01 LLC. `y —Notary Public for California My Commission Expires: 008725iw024i9131507Q Page 4 oC4 CIVIL CODE § 1189 California all-purpose Certificate of 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. Stale of California County of _Riverside_ss On L5— -Dec , 201, before me, _Carol A. Wilson—, Notary Public, personally appeared �-a r c f R 0 who proved to me on the basis of satisfactory evidence to be the personjsj whose namnX IsIXe subscribed to the within instrument and acknowledged to me that helsWltVyy executed the same in hist r/thefr authorized capacity(iex,,and that by his/net/tVir signature$) on the instrument the persona or the entity upon behalf of which the person(:] 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 �L/Ld'C_'itiJ Signature of Notary Public My Commission spires 06 DEC 2aV / (Notary Seal) CAROLA. WILSON COMM, # 2221180 s Nor"y"ei:•CNLIIDIININ n RNERSIDE COUNTY DOmm. 6 .DEC. 6, 2021 OPTIONAL SEC1' ION DESCRIPTION OF ATTACHED DOCUMENT // YJ0.55 5. 14ST Title or Type of Document A6�C'Yl�ll sw e� cf2 �� %tLl %iPB Sdn .-�'na Ie ci OR Document Date 16 IxedC)/'Z NumberofPa es < CAPACITVHES) CLAIMED BY SIGNER Nameof Signa(s) Signer is Repasenting: California A&n.wWgment /., uf.lan 1, 2015 ALIN RECORDING RETURN TO: Lane County Clerk 2018003121 CASCADE TITLE COMPANY Lane County Deeds and Records C WILNMEIIESI,EUGENE, OR97401 CIIIIIIIIIIII llllllllllllillllll llllllllVIIIIII $87.00 Eull-0,1-71 mm T 0300)&o 01699784201800037270050052 01/25/2018 01:01:42 PM RPR -DTR Cntvl Stnel CASHIER 05 $25.00 $20.00 $10.00 $11.00 $21.00 RECORDING COVER SHEET (Please Print or Type) I ---------- - - - - — ___--_---------------------------------------------- AFTER RECORDING RETURNIO: JUS FIN DEN I ON, I ONKON TORP LLC 888 SW FIFTH AVENUE STE 1600 PORTLAND, OR 97204 1) TITLE(S) OF THE TRANSACTION(S) ORS 205.234(a) IRES'IDEED 2) DIRECT PARTY / GRANTOR(S) ORS 205.125(1)(6) and 205.160 KAROTKO. LLC. AN OREGON LIMITED LIABILI'I Y COMPANY 3) INDIRECT PARTY/ GRANTEE(S) ORS 205.125(1)(a) and 205.160 KENDALL DEVELOPMENT GROUP L.L.C.AN OREGON LIMITED LIABILITY COMPANY 4) TRUE. AND ACTUAL CONSIDERATION 5) SEND TAX STATEMENTS TO: ORS 93.030(5) Amount in dollars or other NO CI IANGE $ ❑ Other 6) SATISFACTION of ORDER or WARRANT 7) The amount of the monetarN ORS 205.125(1)(c) obligation imposed hN the order CHECK ONE: ❑FULL or warrant. ORS 205.125(1)(c) (If applicable) ❑ PAR TIAL S 8) If this instrument is being Re -Recorded, complete the following statement, in accordance with ORS 205.244: "RERECORDED AT THE REQUEST OF CASCADE 'I I LE COMPANY TO CORRECT THE DATE ON TI IF TRUST DEED FROM 01/11/2018 "r0 01/12/2018 PREVIOUSLY RECORDED IN BOOK N/A AND PAGE N/A , OR AS FEE NUMBER 2018-001701 THISTRUSTI)ELTJ. rnmcn, Ja L' amoa -_ _I(dL tk9, LLC,. -ap_0 ra limited -liability cOr p__y CaweardoI Co. as Tmsme, and K -dall ll --1 p t( p L L C. g ] i.iled_1 6 Itty R y p. fvy, WT4ESSpTiLThanalwulfeva:. bly ;balgdn II evrl 1 wilhlwn of'rl" Nclm[r mme msL eny a Len Connly, Oneeon, loorabralas follows I@gnI des reeren oJyrzperal: See Exhibit A attached hereto. wgNmr will all fallsln lar III dramoncs,h dt .d Rpurt,ionaras and all other Ishii h 1 b any way mr, or on-lo"-'"2d'i 8 and Roan an, e. In,Ionel' d [on""I14x no' IIL—ft,a l"T ILI ar usod in mn_ a"ooe wrCr Ihcpropalg ORTx2PORPN't0 -URIN P6RFDRMi f Fgznc -n amd mrncsonaF ____ _Se 11d;ed�3ft} Th nand d 01- , 000 00) of 1 _ Iwmn Nng.a v - ..eot fors-1 rs- . a1no1e1d wkEno.01 I r,of.eloeor-�r-II b -, oq rlu lml InI r LILT '110oL In IlLon r,rroPon a uonov: mmcmd fl rb- sr ma 'Twrta4 and... a, ,1 1. 1 1 11nJ:,uc d .on^rod dbh ee idi ino unlb {J pnvemm ny b_mvx mod, dD-a ordes:I II u'np I! l P) a Y JeL �m1kan. a. I. 1 n,�_u I.a ea rlY o�enr d 11 'nol n onI I III—IIII-I s'd r l r ndoynrbs. ud, bvmfna v.xr lmm on 11 w,�o r '... .... 1., 1cn nnn nn ' m nJLss nc�mLe[wu o-psu¢aOhe uuMCFnw:red in ma .ra le., da I-" w �l l% CTe6�oiiGo evl o't}-I Win• I vFWgp nG l:ERlpxro: aa...... eal._o..Ral «,o1no 4..v G,'.e,. GDF TIRE CO j .. w Cuww FI zT m0;lDEEO Erm _KaIroton, LLC nonOregen 1AC j56 M K Lr [ Daiar Sygf ld OR 9]G]7 -- -- _- Lane Cool Clerk wornrIcemsin- -- -- - - q - Lane County Deeds and Records 18411N Cascade Title Co. (Q " 1 6` I,Illlllllllllllllllllllllllllllllllllllllllllllf A" ox 9/ 9i m X52.°° -Ze d i] n vel_. t Gronp L.L C., 0169)50520160001]010040045 6 iald 8[ I'll. 260 °912354 QM .805�i in 83]04_______ R01/1 PR -DTR Cnt_i Stna9 CASHIER212018 -epee, mreAInn_-.__ $20.00 810.00 $11.00 $21.00 -Toaxon pJustin penton.rp ToLLP THISTRUSTI)ELTJ. rnmcn, Ja L' amoa -_ _I(dL tk9, LLC,. -ap_0 ra limited -liability cOr p__y CaweardoI Co. as Tmsme, and K -dall ll --1 p t( p L L C. g ] i.iled_1 6 Itty R y p. fvy, WT4ESSpTiLThanalwulfeva:. bly ;balgdn II evrl 1 wilhlwn of'rl" Nclm[r mme msL eny a Len Connly, Oneeon, loorabralas follows I@gnI des reeren oJyrzperal: See Exhibit A attached hereto. wgNmr will all fallsln lar III dramoncs,h dt .d Rpurt,ionaras and all other Ishii h 1 b any way mr, or on-lo"-'"2d'i 8 and Roan an, e. In,Ionel' d [on""I14x no' IIL—ft,a l"T ILI ar usod in mn_ a"ooe wrCr Ihcpropalg ORTx2PORPN't0 -URIN P6RFDRMi f Fgznc -n amd mrncsonaF ____ _Se 11d;ed�3ft} Th nand d 01- , 000 00) of 1 _ Iwmn Nng.a v - ..eot fors-1 rs- . a1no1e1d wkEno.01 I r,of.eloeor-�r-II b -, oq rlu lml InI r LILT '110oL In IlLon r,rroPon a uonov: mmcmd fl rb- sr ma 'Twrta4 and... a, ,1 1. 1 1 11nJ:,uc d .on^rod dbh ee idi ino unlb {J pnvemm ny b_mvx mod, dD-a ordes:I II u'np I! l P) a Y JeL �m1kan. a. I. 1 n,�_u I.a ea rlY o�enr d 11 'nol n onI I III—IIII-I s'd r l r ndoynrbs. ud, bvmfna v.xr lmm on 11 w,�o r '... .... 1., 1cn nnn nn ' m nJLss nc�mLe[wu o-psu¢aOhe uuMCFnw:red in ma .ra le., da ktl WARNING: Unless mentor provides beneficiary vilb evidence of insurance coverage as required by that conlreat or loan agreement between th earm benefcinry may purchase inamence at Samoan's expense m pmmet benefeiory's hadmat. ]tis inswance may, but oedd not, also pwmcl gfanlor's interest. If the callaleaal becomes damaged, Ne coverage tumbled by beneficiary may not pay any claim made by or against grantor, Crtantor may ]star cancel dm coverage by providing evidence may former bas offered! property coverage elsewhere. Granror is responsible for Necml of any innuance coveynge pmchas� by berefciNy, which cost may be added to grantor's rotational or loan balance. If it is w add W, Ne infori rate on Uae nmlerlying coI ., or Imam will apply to ir. ]Te dbucdvt dere of coverage may be thre dam gtanmr's Orkdr coverage la➢svl or Nc dale Smarm, failed do provide➢roof of wveo age, lfie coverage beneficiary purchases may be comidambly more expensive Who insurance S antor Not dderuise nam atone and may not satisfy any need for property, damage ewerage or any mandatory liability humane ral iirememu imposed by applica- ble for. la mn[auidThs.res—,w..IM1CWemd.i'doo.the o.'assials. The Find uI all pamWieal G" Nall be area or NV IM1ic We rami awl apply 1aal11 a boainau, dder-due sad mindnsuart. LN NVTTNESS WYMMOF, gmnmr has execumd This Insb„roent Out dam staled above; any s' Ime on of a business Or other entity is made with Ise aathonty or that entity. Ka[ [ o, LLC 9M VON[WRXOTICE aek(q by IlnlnB Gaal WM1 andWe Warmnry Ivy OBy (b) aelnappksurnalrin!Is, (ay le I. teabbaM Ne bng Act and - or wage[ v er.101 n, the ten Is tlallnvd S Na ThI, IWithnthe9 act and Uao[g¢ [ Fegoletlan Z, the EGenatklery MUST on. ff i With IM1a act add -- - - - Itt la nrotnon.dou JYranked dle�gYmv tl eomp inea'MN Ne SLATE GF OREGON, Goumy of �. Tlda rewm was acmmwltagea bermre me on __.. _. ____. by T hiannotdWesacknowledgedberoremeon ... ._._21)12----- --- — ___, by_GrQxpa_KazetKs---- ---------- --- ________..__--- ------- ------------ .______— aS U.Nobeetz _____ ___._.\ -..-.------ _--- ____--- _--- _____ _____ __---- ofof- _. RaiAtk4.i_ LL_C-__... .............. K vlc.�/ecaglrn c'n %' orommuurcPorQ sou J My mmnsaon expare'� REQUEST FOR FULL RECONVEYANCE go be used may wren abl"paLlpia M1rve been peld.y Ta __ - __- — ____-. _� _____ -d----.--xmalee iM1e ondeoirped iaLM leµlowns and rola of Wl uar.astt'.dr'defmrc n8uniatT li,u'doodraredb'lludo Iddon. (Wry path antl sedefiN. Yw rertbyare direMA, ^n pYmmL a pmm(vny errant ewi^g Lmy^u wMIM Lams orYe VusL dxd u pursumLN r®iNe. a mnasl W enamels d waedW en erumi by abe wet had {which art da isol To YW anolah areader wi. We mot hoo) and .—mrY. wbbm wmnmiy, b Ne For. tleig- na¢dbYLRiumevrLbcvuaLtlad, meveLvttnuw deltlbYY^uwMOctai¢. MVJ Pctai'wvry-a-ddaomennty _. Nol Po ^L bat or this Ton,t Oru THE E wmM1 it eecmre. BON should be dallveed to the trustee for celudn --- - - - - - oelaretecmnveyanceiairetle. B-eficoty EXHIBIT A Real Properly 19111 401111115 Parcel 2 of Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records, in Lane County, Oregon. PARCEL 2, Beginning at the iron rod marking the Northwest corner of Parcel 2 of Lane County Land Partition No. 91-P0172 being on the Southerly right-of-way line of South "A"; thence, South 780 58' 00" East 304.25 feet along the South right-of-way line of South "A" to the reinforcing rod marking the Northeast corner of said Parcel 2; thence, South 780 58' 00" East 51.09 feet along the South right-of-way line of South "A" to a point; thence, South 790 58' 00" East 66.93 feet continuing along said Southerly right-of-way line to a point; thence, continuing 50.00 feet along said Southerly right-of-way line as it follows the arc of a curve to the left having a radius of 5759.58 feet to a reinforcing rod marking the Northeast comer of that tract described in that decd filed at Reel 1009R. Instrument No. 7942743, Lane County, Oregon Official Records which bears South 80° 12' 55" East 50.00 feet from the last described point; thence, South I I° 02' 00" West 170.00 feet along the East line of the last above described tract to a reinforcing rod marking the Southeast corner thereof; thence, North 780 58' 00" West 40.00 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, South 86° 26' 00" West 184.80 feet along the South line of said tract to a reinforcing rod marking an angle point therein; thence, North 78° 58' 00" West 213.45 feet along the South line of said tract being a line parallel with the Northerly line of Parcel 2 of said partition (being the South right-of-way line of South "A") to a reinforcing rod set on the Southerly projection of the East right-of-way line of Seventh Street; thence, North 0° 28'06" East 40.00 feet along the South line of said tract being said Southerly projection of the East line of Seventh Street to a reinforcing rod; thence, North 78° 58' 00" West 387.14 feet along the South line of said tract being a line parallel with said Northerly line of Parcel 2 to a "PK" nail and washer set on the Southerly projection of the East right-of- way line of Sixth Street; thence, South 87° 46' 38" West 230.65 feet along the South line of said tract to a reinforcing rod marking the angle point in the North line of Parcel 1 of said Partition; thence, North 2° 13' 48" Past 218.95 feet along the North line of said Partition to an angle point in the North line of said Partition Plat on the South right-of-way line of South "A"; thence, 41.92 feet along said North line and said right-of-way line as it follows the arc of a curve to the right having a radius of 1879.86 feet to a point which bears South 84° 06'20" East 41.92 feet from the last described point; thence, South 82° 08' 00" East 98.68 feet continuing along said North line and said right-of-way line to a point; thence, South 80° 08' 00" East 99.22 feet continuing along said North line and said right-of-way line to a point: thence, South 79° 08' 00" East 99.74 feet continuing along said North line and said right-of-way line to a point; thence, South 78° 58' 00" Last 273.30 feet to the point of beginning, in Springfield, Lane County, Oregon. EXCEPT THEREFROM Parcel 2 of Land Partition Plat No. 91-P0172, filed December 5, 1991, in Lane County Official Records. EXHIBIT A PAGaI California all-purpose Certificate of 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 Stale of California County of—Riverside On iS , 2017, before me, _Carol A. Wilson_, Notary Public, personally appeared a 1- v F i o ---- who proved to me on the basis of satisfactory evidence to be the personiX whose name islar6 subscribed to the within instrument and acknowledged to me that helsjr¢/thAy executed the same in his/t,>6bi authorized capacity(ie4 and that by his/16rlth@ir signature(A on the instrument the person!$), or the entity upon behalf of which the person(' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAROL A. WILSON Signature _ iiaL u tJ °` COMM. 02221180 Signature of Notary Public NOTARY OT RY MiNa OAUM", Comm. Exp. DEC. 6, COUNTY My Commission expires 66 DEC 2dP1,2G 1r (Notary Seal) OPTIONAL SECTION DESCRIPTION OF ATTACHED DOCUMENT 705 Title or Type of Document Tr'u ,-r 0 0 � n Ip" ,+q Document Date .CS—pie _ ?O/ ';7 Number of Pages lT_ry1-5�1<.,iof Yl�LZ` CAPACITY(IES) CLAIMED BY SIGNER Namc of Signers) 6r"o- L<L" I Weis) 111611_d -Q.0 r- Sleru,,Rcprescrrcing_.. Califorala Ackaowledgmeat! ax of Jaa 1, 2015 AFTER RECORDING RETURN TO: Lane County Clerk 2018.003128 9ASCADE TITLE COMPANY Lane County Deeds and Records 311 WILLAMETTE ST, EUGENE, OR 97401 CT-7UO IIIIIIIII IIIIIIIIIIIIIIII 111111111VIII VIII III EujV -0g -041( AM $12.00 01699785201800037280060066 01/25/2018 01:01:42 PM RPR-RDDM Cnt=1 Stn=1 CASHIER 05 $30.00 $10.00 $11.00 $21.00 RECORDING COVER SHEET (Please Print or Type) --------------------------------------------------------------------- AFTER RECORDING RETURN TO: GLEAES SWEARINGEN 975 OAK STREET STP. 800 EUGP.NE,OR 97401 AI'TN: PATRICIA L. CHAPMAN I) IT FLE(S) OFF HE IRANSACI'ION(S) ORS 205.234(x) ADDF_NDOM'I RUST DEED 2) DIRECT PARTY / GRANTOR(S) ORS 205.125(1)(6) and 205.160 KAROTKO, LLC, AN OREGON LIMITED LIABILITY COMPANY 3) INDIRECT PARTY / GRANTEE(S) ORS 205.125(1)(a) and 205.160 KENDALL DEVELOPMENT GROUP L.L.0 AN OREGON LIMITED LIABILITY COMPANY 4) TRUE AND ACTUAL CONSIDERATION 5) SEND TAX STATEMENTS TO: ORS 93.030(5) -Amount in dollars or other NO ('IIANCE $ F-1 other 6) SATISFACTION of ORDER or WARRANT 7) The amount of the monetary ORS 205.125(I)(e) obligation imposed by the order CHECKONE: ❑PULL or warrant. ORS 205.125(I)(c) (11 applicable) F7 PARTIAL S 8) if this instrument is being Re -Recorded, complete the following statement, in accordance with ORS 205.244: -RERECORDED AT THE REQUEST OF CASCADE, TITLE COMPANY TOCORRECT THEDATEON THF: TRUSTDEED FROM 01/11/1018 10 01/11/2018 PREVIOUSLY RECORDED IN BOOK N/A AND PAGE: N/A .ORAS FEE NUMBER 2018-001702 Nr7Ea RrDORNNG RETURN TO: CPSCADF TITLE COMPANY 811 w" tANWoF ST EUGENE, OR 57401 o-rV�001kD0 ✓t IN RECO AFTERRDING RETURN TO: Gleaves Swearingen 975 Oak Street, Suite 800 Eugene, Oregon 97401 Ann: Patricia L. Chapman RECITALS: Lane County Clerk 202-001MLane County Deeds and Records J11�Y 11111111111111111111111111111111111111111111111 $67,00 01697506202800e17920050058 01/12/2018 09:23:54 AM RPR-ADDM Cnt=1 Stn=9 CASHIER 11 $25.00 $10.00 $11.00 $21.00 ADDENDUM TO TRUST DEED A. On this Sanuayl/V 12 , 2018. Karotko, LLC, an Oregon limited liability company ("Borrower" or "Grantor") executed and delivered to Kendall Development Group L.L.C., an Oregon limited liability company ("Lender" or "Beneficiary") that certain Trust Deed recorded of even date, Instrument No. Zc 18 r'? V I Lane County Official Records ("Original 'frust Deed"). B. Grantor and Beneficiary desire to modify, supplement and amend the Original Trust Deed, as more particularly set forth below in this Addendum to Trust Deed ("Addendum") ADDENDUM: Improvements and Alterations; Maintenance. 1.1 Improvements. Beneficiary understands that Grantor has acquired the Property for the initial purpose of improving it as replacement building for Ramsey-Waite's showroom and parts and service departments. I Iowever, Grantor shall not make or cause to be made any additions, repairs, improvements or alterations to the Property at any time prior to full payment of the Note secured by the Trust Deed without having first obtained the written consent of Beneficiary, which will not be unreasonably delayed, conditioned or denied. As a condition of giving consent, among other conditions. Beneficiary may require Grantor to provide a copy of the plans and specifications for the proposed improvements and may require evidence that Grantor's contractor is licensed, bonded and insured, but Beneficiary may not require a construction or completion bond or other security to cover the proposed costs of construction. All alterations and improvements constructed by or for Grantor shall be completed by a licensed contractor in a good and workmanlike manner, lien free, and in strict compliance with the plans and specifications approved in advance by Beneficiary; if Beneficiary has not responded in writing to a request from Grantor for approval or consent under this paragraph within ten (10) business days after Grantor's request, Grantor's request for approval or consent will be deemed to be granted. All improvements now located or which shall hereafter be placed on the Property shall remain a pari of the Property and shall not be removed at any time prior to full payment of the Purchase Price without the prior written consent of Beneficiary. 1.2 Maintenance. Grantor shat l not commit or suffer any strip or waste of the Property and shall maintain the Property, and all alterations thereof and additions thereto in good condition and repair, ordinary wear and tear and uninsured casualty excluded. 2. Environmental Matters. At no time prior to full payment of the Note secured by the Trust Decd may Grantor: (i) bring or use any Hazardous Materials on, in or about the Property except in compliance with all applicable federal, state and local laws and ordinances; and (ii) without the prior written consent of Beneficiary (which consent may be withheld in Beneficiary's sole and absolute discretion), place any underground storage tanks on the Property or store Hazardous Materials in containers larger than 25 gallons each. If at any time the presence of Hazardous Materials on the Property caused or released by Grantor or Grantor's employees or contractors results in contamination of the Property, Grantor will indemnify, defend and hold Beneficiary harmless from and against any and all liabilities, claims, damages, costs and expenses of any kind and nature, including, without limitation, legal, accounting, consulting, engineering or other expenses which may be imposed upon Beneficiary by any other person or entity (including a governmental entity) which arise as a result of any contamination. 3. Compliance with Laws. Until the Nate secured by the Trust Deed is paid in full, Grantor shall promptly comply and shall cause all other persons to comply with all laws, ordinances, regulations, directions, rules and other requirements of all governmental authorities applicable to the use or occupancy of the Property. 4. Liens. Unlit the Note secured by the Trust Deed is paid in full, Grantor shall keep the Property free from construction and all other liens and save Beneficiary harmless therefrom and reimburse Beneficiary for all costs and attorney fees incurred by Beneficiary in defending against any such liens until the Purchase Price is paid in full. 5. Insurance. At all times prior to full payment of the Note secured by the "frust Deed, Grantor shall (i) keep all buildings and improvements now or hereafter erected on the Property insured for not less than the replacement value of the improvements against loss or damage by fire or other casualty with extended coverage, vandalism coverage, and ordinance coverage endorsements with loss payable to Beneficiary in an amount not less than $750,000 (or the full insurable thereof, if less than $750,000) and the balance to Grantor; and (ii) keep in force a policy of comprehensive public liability insurance insuring Beneficiary and Grantor against any liability arising out of the ownership, use, occupancy or maintenance of the Property and all areas appurtenant thereto in an amount of not less than $2,000,000 combined single limit coverage. Grantor shall pay all insurance premiums as and when payable. Grantor shall deliver to Beneficiary a certificate from the insurer continuing the amount of coverage and stating that coverage will not be canceled or reduced without a minimum 30 days' prior written notice to Beneficiary. In the event of any loss, Grantor shall give immediate notice to Beneficiary, and all proceeds may, at the option of Beneficiary, be retained and applied by Beneficiary toward payment of all amounts owed under this Agrccmcm, or be paid wholly or in part over to Grantor upon such conditions as Beneficiary may determine for the restoration and repair of the improvements. The liability policy shall provide that it is prior to payment of claims and that any liability policy obtained by Beneficiary will not contribute to the payment of any claim paid by Grantor's liability insurer. N,2oto 6. Assignment of Leases and Rents. As additional security for payment of the Note secured by the Trust Deed, Grantor hereby assigns to Beneficiary all leases on the Property, and all rents derived from the Property, subject to Grantor's right to collect the rents so long as Grantor is not in default under thu Trust Deed or the Note secured thereby. 7. Indemnification. Grantor shall forever defend, indemnify and hold harmless Beneficiary from any claim, loss or liability arising out of or in any way connected with Grantor's ownership, possession or use of the Property, Grantor's conduct with respect to the Property or any condition of the Property arising during Grantor's period of ownership of the Property. In the event of any litigation or proceeding brought against Beneficiary arising out of or in any way connected with the matters in the foregoing sentence, Grantor shall, upon notice from Beneficiary, vigorously resist and defend such litigation or proceeding through legal counsel reasonably satisfactory to Beneficiary and indemnify Beneficiary from all costs related thereto. S. Restriction on Assignment and Encumbrances. Until the Note secured by the 'frust Deed is paid in full, Grantor shall not sell or transfer or enter into an agreement to sell or transfer any interest in the Property or permit any lien or encumbrance to attach to the Property or Grantor's interest under this Agreement without the prior written consent of Beneficiary, which consent may not be unreasonably delayed, conditioned or denied, except as follows: 8.1 Affiliates. Grantor may transfer any interest in the Property to an entity ("Transferee Entity") if the majority of the ownership interests in the Transferee Entity are held by an owner of Grantor, or to a trust the lifetime beneficiary of which is an owner of Grantor; 8.2 Earnest Money Agreement. Grantor may enter into an agreement to sell or transfer any interest in the Property, as long as the agreement requires payment in fill] of the Note at or prior to the closing of the agreement to sell or transfer; 8.3 Partial Release. Grantor may enter into an agreement to sell or transfer any part of the Property that constitutes a legal lot or parcel, or other lawfully established unit of land, as long as Beneficiary is paid, at and through the closing, an amount that is no less than the lesser of. (a) the amount outstanding to Beneficiary under the Note secured by this Trust Deed, or (b) the "ProRata Amount," as defined in the next sentence. The ProRata Amount is a percentage of $750,000, the numerator of which is equal to the square footage of the land in the legal lot or parcel to be sold and the denominator of which is the square footage of the land comprising the Property. 9. Effect of Addendum. This Addendum is entered into and made a part of the Original Trust Deed as if attached to and set forth in the Original Trust Deed. All references in the Original Trust Deed and this Addendum to the "frust Deed", "this instrument" or "this deed" (or words of similar import) are intended to refer to the Original Trust Deed as modified, supplemented and amended by this Addendum, and in the event of any conflict between the provisions of the Original Trust Deed and this Addendum, the provisions of this Addendum will control. [Signatures ofFolloning Page] Page 3 orb IN WITNESS WHEREOF, the parties have executed this instrument effective as of the date first above written. LENDER: BORROWER: KEND BV8 P UP L.L.C. KAROTKO LLC By: _ � --_ By: - D vid I?. 61e sett, Manager George K, ko, Manager STATE OF OREGON ) )SS. County 0flng, , ) a This instrument was acknowledged before me on J �� 201 g by David E. Blewettas Manager and on behalf of Kendall Development L.L.C. OFFICIAL STAMP -- - — CHRISTIE DAWN WITHAM NOTARY PUBLIC-0REGON COMMISSION N0. 963377 FtMMISSION EXPIRES JUNE 12, 2021 Notary Public for Oregon My Commission Expires: SfAl IYYik,QALIFORNIA ) )ss. County of This instrument was acknowbx4ga before me on _ 20 , by George Karotko, as Manager and on behalf o-b�wotko, LLC. !L Notary !'ublic Cor California My Commission Expires: 009725100024/513150712 Nage 4 of 4 CIVIL CODE § 1189 California all-purpose Certificate of Acknowledgment A Notary Public or otherofficer 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 —Riverside ss On 15- -J cc , 201, before me, Carol A. Wilson_, Notary Public, personally appeared - ro r'�i c— �a r o ti who proved to me on the basis of satisfactory evidence to be the personM whose name Islpate subscribed to the within instrument and acknowledged to me that helsb4ltom executed the same in hist rllhefr authorized capacity(ie4and that by hislWrith,€ir signature$) on the instrument the persona or the entity upon behalf of which the perso# 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 ��YU Signature of Notary Public My Commission expires 06 DEC 2817. a)b �i/ (Notary Seal) CAROL A. WILSON COMM. #2221180 NOTARY WNLIC �pyN011Nia RIVERSIDE COUNTY Canm. 6 DEC. 6, 2021 OPTIONAL SECTION DESCRIPTION OF ATTACHED DOCUMENT 11"3 5' Tih}ST tle or Type of Document�� ri jCr �S� %I PC'Ck� Document Date IS bey 22 Number of Pages _ Z/ ti, cln-/ CAPACITY(IES) CLAIMED BY SIGNER Nnmcof Signcr(s) GCb O !/1I Signer is Represcniing. _. California AckrorModgment /ins of Jan 1, 2015