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HomeMy WebLinkAboutDeed APPLICANT 11/9/2022Lane County Clerk 2021-060336 Lane County Deeds & Records 09/17/2021 10:05:19 AM RPR -DEED CII Stn=8 CASHIER 12 4pages After recording remm to� $20 00 $11 00 $1000 $61 00 $102.00 Andrew Y. Parks Amutd Gallagher P.C. 800 Willan,eue Seel. son, Son) Fugenc, Orc(,afn 97401 Until a change is requested, mail all lax statements to: 123 W. 6i' Street, Suite 130 Chico, CA 95925 STATUTORY WARRANTY DEED COUNTRYSIDE PARTNERS SPRINGFIELD, LLC, an Oregon limited liability company ('Grantor"), conveys and warrants to COUNTRYSIDE BRENTWOOD LLC, a Delaware liutited liability company (`Grantee'), the real propern� described on the attached E.hibit A, free of encumbrances except those of record. O (� Q- The true considcralion for this conveyance is Io change vesting. BETORL Sl(3NN(. OR V( IU'TIA(; TI IIS NA JRtNIFNI', II PFISON IRANSIA RR1NG ITE TITJJ': SHOUIJ) IN01 J1 I ABOUT 1-1 11, PI'.l(SON'S RIGHTS, If AN), UNDER ORS 1953(10, 195301 AND 19-, 305 TO 195.330 AND SI (TIONVS TO I I L.I I.APTI!R l,OkF(;ON I AV. S 2007, SF.(.T1ON5 2 TO 9 AND lJ 1C, CHAPTCR 855, OR1{GON 1. AW'520119ANDSI1C'll(e,vS210',(HVPIIRS,ORI(ONIAIX-52010-THIS (V INSTR17A1T-NT DORS NOT :UJ.OAGtSll OI' TW', PROPEMY DES(RIBI D IN IMS INsIRITNIF.N'l IN VIOLATION 01 AIJ ABILI LAND ISP. LAWS :AND RL(;L jTIONS, BI IORL SIGNING OR A( CE THIS INSTRLNIEN-1, I It, PP.RSOA VCQI:IRING PIU, TIT] TO TI Ili PItOPI'JOA SHOULD CI I R(K V ITI I TI IT WPROPItI:A1 I f (IT)' OR (OI RT)' PLANNI VG DI TARI'NIFNT TO N-TAIIW TD \T THF?, UNIT 012 LAND 131 ;INC TItANSlil 101)ISV 1, AAAIIJ t1IS'L\BJ,JSI IL'D TO I OR PARCEL, 15 DEFINED IN ORS 92,010 OR215.010, TO XTRIF'T ri II APPROA'I-D I SI J OP nFI 1.0'FOR1)\R(I1,'1'0 DETERMINE. N ANY LIMITS ON 1,A\AM 135 V; AINS] I ARh11',G OR PORISsI' PRA( IR LS,.AS DITIN N) IN OILS 30930, AND TO JNQUIRF.ABOIT TI TJ f IZIGlITS 01 NJ (4 BORING PROPLRPI MNERs,IF:ANY, I MNDJ ROBS 0 195.300, 195.301 AND 195305 '10 195.336 AVD SECTIONS 5 TO 11, (A LA mm 424, OREGON LAW'S 2007, Z SI'(. TONS 2'10 9 :AND F, CII,AP'rI A xs, ORI (.ON L,)AFS 2002. ANJ) S6('I'IONS 2'10 7, C Tf,PTR 8, m O1tL'GON LAWS 2010. F= DATED: September Vr, 2021 0 ZSignature pages follow. a c Ml Ll I - STATUTORY WARRANTY DEED Produced using RLID (wwvd.rlid.org) on 04/20/2022 at 3:50 PM Signature pages to Statutory W'arrann Dccdl GRANTOR: COUNTRYSIDE PARTNERS SPRINGFIELD, LLC, an Oregon limited liabilm, company H}: Name: We ley D. Hill Title: Managcc 2 -STATUTORY WARRANTY DEED Produced using RLID (W ..rlid.org) on 04/20/2022 at 3:50 PM [Norarc pages to Statutory Warranty Deed] A notary public or otter officer comofeitng this cer8ficate verifies only the identity of the individual who signed the dick rnent to which this certificate is attached, and not the truthfulness, aecoacy, of validity of thm document. STATE OF CALIFORNIA ) COUNTY OF eur -12F ) OnJ61r-S-4Se 5 , 2021 , before me, _��rae!<iA G V3t� , a notary public, personally appeared WESLEY D. HILL, as Manager of COUNTRYSIDE PARTNERS SPRINGFIELD, LLC, an Oregon limited liability company, who proved to me on the basis ofsatisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -PA-TRI-CIA L. BL00M COMM. #2272656 z rc Notary Public -California o z Butte County Signature: (Seal) M1 Comm. Ex kes Dee. 23, 2022 v 3 - STATUTORY WARRANTY DEED Produced using RLID (wwvd.rlid.org) on 04/20/2022 at 3:50 PM Exhibit A Legal Description Lots 9, 10, 11, 12 and 13, JEFF PARKER SUBDIVISION, as platted and recorded September 9, 2002, Reception No. 2002069738, Lane County Oregon Plat Records, in the City of Springfield, Lane County, Oregon. ALSO: A unit of land located in the West 1/2 of Section 31, Township t7 South, Range 2 West of the Willamette Meridian, said unit of land being more particularly described as follows: Beginning at a 5/8 inch iron rebar with yellow plastic cap stamped "PLS 655" marking the Southeast corner of Lot 12, JEFF PARKER SUBDIVISION, as platted and recorded September 9, 2002, Reception No. 2002-069738, Lane Ceunty Oregon Plat Records, in Lane County, Oregon; thence along the Southerly projection of the Easterly boundary of said Lot 12, South 00° 32'30" West 220.00 feet to a 5/8 inch iron rebar with yellow plastic cap stamped "ROBERTS SURV. INC..'; thence parallel with and 220 feet Southerly of the Southerly boundary of said For 12, North 891 41' 13" West 300.00 feet to a 5/8 inch iron rebar with yellow plastic cap stamped "ROBERTS SURV. INC.", said iron rcbar and cap being located on the Easterly boundary of Lot 13, JEFF PARKER SUBDIVISION; thence along the Easterly boundary of said Lot 13, North 00° 32' 30" East 220.00 feet to a 5/8 inch iron rebar with yellow plastic cap stamped "PLS 655" marking the Northeast corner of said Lot 13; thence along the Southerly boundary of said Lot 12, South 890 41' 13" East 300.00 feet to the point of beginning, all in the City of Springfield, Lane County, Oregon. 4 - STATUTORY WARRANTY DEED Produced using RLID (www.rlid.org) on 04/20/2022 at 3:50 PM TW ne PRELIMINARY TITLE REPORT SUPPLEMENTAL CASCADE ESCROW March 12, 2019 ATTN: MELISSA MITCHELL Report No: 0309361 811 WILLAMETTE STREET Your No: EU18-2117 EUGENE, OR 97401 Seller: EASTERN LANE FOREST PROTECTIVE ASSOCIATION Buyer: COUNTRYSIDE PARTNERS SPRINGFIELD, LLC PRELIMINARY REPORT FOR: Owner's Standard Policy $261,360.00 PREMIUMS: Owner's Standard Premium $855.00 Gov. Lien/Inspect Fee $35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(les) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: ( A T T A C H E D) Vestee: EASTERN LANE FOREST PROTECTIVE ASSOCIATION, AN OREGON NON-PROFIT CORPORATION Estate: FEE SIMPLE DATED AS OF: MARCH 07, 2019 at 8:00 A.M. Schedule B of the policy(les) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. No liability is assumed hereunder until policy has been issued and full policy prenuum has been paid. MAIN OFFICE FLORENCE OFFICE VILLAGEPLAEAOFFICE 811 WE.LAIvfl•:1TE ST. 715H 101' FLORENCE OREGON 97439 47M0 LAGEPL LOOPSUITE100 EUGENE OREGON 97401 M NG: PO BOX 508 "FLORENCE OREGON 97439 EUGENE, OREGON 97401 PH: (541) 687-2233' FAX: (541)4854)307 PH: (541) 999-8419' FAX: (541)999-8246 PH: (541) 653-8622' FAX: (541) 8441626 E -MAH.: WPO(rM'ASCADEUTLE.COM E -MAH.: PLORE4CEGDCASCADELITLE.COM EMAIL: VILLAGEPLAZA(D CADETITLEOOM Order No. 0309361 Page 2 Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Taxes, including the current fiscal year, not assessed due to Property of Forest Protection Agencies Property Exemption. I£ the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which said taxes were assessed, additional taxes may be levied. 7. The public record does not disclose if the premises herein described have a means of ingress and egress to and from a legally dedicated road or highway. Notwithstanding Paragraph 4 0£ the insuring clauses of the policy or policies to be issued, the policy or policies will not insure against loss arising by reason of any lack of a right of access to and from the land. B. Easement, including the terms and provisions thereof, granted Springfield Land and Water Company, by instrument recorded April 4, 1940, Reception No. B202 P436, Lane County Oregon Deed Records. 9. Easement, including the terms and provisions thereof, granted Mountain States Power co., by instrument recorded November 28, 1941, Reception No. 1941-104517, Lane County Oregon Deed Records. 10. Highway Construction Permit, including the terms and provisions thereof, to the State of Oregon, by and through its Oregon State Highway Commission, recorded July 26, 1966, Reception No. 1966-055452, Lane County Oregon Deed Records. 11. Access Easement Development and Maintenance Agreement, including the terms and provisions thereof, recorded January 24, 2006, Reception No. 2006-005403, Lane County Deeds and Records. In the above instrument Les Schwab Tire Centers of Oregon Inc., only granted the said access easement to The State of Oregon, by and through the State Board of Forestry and the State Forestry Department. The document should be re-recorded to incorporate The Eastern Lane Forest Protective Association as a benefitted party in the document, or a new easement should be obtained from Les Schwab Tire Centers of Oregon Inc. 12. Conditions and Restrictions in Access Easement Development and Maintenance Agreement, including the terms and provisions thereof, (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) recorded January 24, 2006, Reception No. 2006-005403, Lane County Deeds and Records. 13. We are advised that a property line adjustment is in process. This report will be amended at such time Cascade Title Company is provided a legal description of the intended parcel. Said amended report may be subject to additional matters as may be disclosed or imposed by the property line adjustment. Order No. 0309361 Page 3 19. For title insurance purposes in connection with any transaction involving real property interests held by non-profit organizations, Eastern Lane Forest Protective Association, an Oregon non-profit corporation, certified copies of the following will be required: a) Bylaws or, if none, constitution. b) Resolution authorizing the transaction. c) Minutes of the meeting at which said resolution was passed. NOTE: The property address as shown on the Assessor's Roll is: Aprox 1.5 Acres, The Northern 218 Feet Of 3150 Main Street Springfield, OR 97978 NOTE: Taxes, Account No. 0116957, Assessor's Map No. 17 02 31, 4900, Code 19-00, 2018-2019, in the amount of $0.00, EXEMPT. NOTE: A judgment search has been made on the above named Vestee (s) , and we find NONE except as set forth above. NOTE: As of the date hereof, there are no matters against COUNTRYSIDE PARTNERS SPRINGFIELD, LLC, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 29 months of the effective date of this report: NONE NOTE: This report is being supplemented to update the exception no. 6, and the taxes. NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. ec: Title Officer: TYLER YORK Order No. 0309361 Page 9 PROPERTY DESCRIPTION Beginning at a point on the North right-of-way line of the McKenzie Highway 9.929 chains North 890 99' West £roma point which is South Oo 29 1/2' West 25.289 chains from the Southwest corner of the Lucinda Comegys Donation Land Claim No. 81, Township 17 South, Range 2 West of the Willamette Meridian; from said beginning point run North 890 99' West along said North right of way line 300 feet; thence leaving said right of way line and run North Oo 29 1/2' East 1016.9 feet; thence South 890 99' East 300.0 feet; thence South Oo 29 1/2' West 1016.9 feet to the North line of said highway right-of-way line and the place of beginning, being a part of the J.C. Carter Donation Land Claim No. 50, said Township and Range, in Lane County, Oregon. T. CASCADE TITLE CO. MAP NO. 17-02-31-00 091 Ac a 3700 Q�r 1800 28 AC " �I _ h I 37695 � 1 AC "w I" 3600 S 1.04 AC I er w SV4 I 1900 Poixr I IN ELL COR a'n � e N CO ES OR L COCA --;-o-DLC 5814Ac Iw 4600 L 581 DLC8Ai 10.01 AC m 509AC PCL3 I I 11 I H PE 1 2100 ® I_5 -r I nee•axsa"w L 57 1.65 AC I us.ee' SE 2200 � 2200 rip i h 4700 N 170 1 g Ie 5.06 AC -- __ 302 S p SEE MAP 23°00 780 5200 j c 12 i 17033614 _ - --- 5.32 AC 11 PCL z 2 If I I 232.38' 4600 400 e1302A ---- 705 I -I I �I 2580 e i �i 13 2301 0.1 ac 270a es7AC0 1 iPmm 2802 ad 702 q ,w SEE MAP I� 1.27 AC 1.47 AC 5100 17033641 3.92 AC" - Q zaol •:"" PCL - SW Co I �r o = e 703 �`)r� SE COR SEE MAF DLC 58 v A. 1.01 ACg J C CARTER 30 1 DLC 58 17023131 3201 NE COR MCKENZIE HIGH 0.13A j a 9e 600 . 0 501 ear,�.ow nee•a3saw BRIGG o7a Ac 3200 I h. 3000 m t25 ACS-.�z PCL1 _ 496 AC „„".,ngw_ Lc 84 oosA I �� -I - Sao $3ggnnl 602 s3�•*E —1.84 GC aae.r ____I � _ rOn� �',a,3•w vola I _34823400 _ _ _ml 5.39028 502 , 1559 AC ........— 9.75 AC 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. i) ..,..a- ae, , ...Late, a--- Ca. a-, ..a yeas "lea, 11mie R. Het -lay ZColor, PUD11a :fat BreGaN pfietii gen "qN9 Camvia eon:..eirs. Fall 2oth, 1042. -LLL _ _ _ £ A S E PI £C@"T B1947 1 Filed forlRemord AF1940 9:59 O'alo.k A. M. W. E 511 d C ty Cloik y I'm E 1M. ) By Can L. I—Ie4 [th Deputy Y EASBID E-N':T I ig d T. L Gmrd.yl mad Fan r L G dries, In. 6tantome a— 1. .—arm nbod reel Ftppemty, boosted In Lane County, Oregon: Set do the North 11 f t a T C C t ➢'A C ad 5:59 admiam 1 th of vith ti Last line f Ce tF 1 P 111 A ilm d` Iger of acid North It.. 17.15 chain. to moat sue telly PI E ..a.., of aid Italy, eat line of amid slily. n axtenelon theeeoF'1n a dimem, ,due 46I6fi minis. a ..at of Southerly Shutheast"e of maid` claim,. Vieit to .aid -Southeast r7 chain. Beat I, its inter... ties lith the Out line of mold Railroad Rlgh o the ei.t'of beginning, containing B0 more. being real at T. C. Carter n C.--I.x': C1e1m I. T6wnatiip 17 South Runge 2 S.mt of the NSlla,,te .Ion of which: there in a slaugh which name in a general Northweetaxly lough Carries =surface enter In winter and :early spring sonths. Vu,.a.-£prlogfiad Land and at., Company I Oreron ec',eaetlan in rigetion business in the d,6trint .here said laid in donated and deslrea h ee the Care`s sees over th-1 ria above d ... r+bed far too marrying of Party and is Willing to clear out and onlerp the same :me as to carry off above deac food p-.Imom tq:a better v,a, than It has 1-1fora parried e Sppingfle ld Land end :Vlst.r Gone., Costley to c natru.t"a lateral t0 1 Lon tN "I f st line 2T,d feet North of theS th ll.., th II,6 _qqq ,batt. Hy rat.£ a atrnight line to the East III.. anelaereticn of the paymeut of One Dollar ('I.11) oanetpt of wdo, fa unaensignod, Gvsntare E1,. and Front unto he Lugene-Springfield Lend are Coxpoaatl on, a perpetual right to transport water-gare.a said Snthe .laugh n exiotIte e Iran. the `said peoperty^and .. r Cen.- 9r Camp ony j'by a ...ting :e agree. that It mill Olson tee ... 0 will .alar'. the meta 's busy not to a sad 12 feet"Wide, .end keen on to provide drainage for Surface water'at all tim.a stecept in Mises to o ultx-st find --Intel- 0 bridge eOr... Can along], suitable for Oros. a egalpgem-t. Ana the undet.1gred give `end grant —to the Rugene- ^ Compny the right of way for the c rseres tion of a lateral'. said V the poi at Indies tea above, said right of way to be nix f made I It.. of the lateral am menstruated, and the ri,. to ge upbe th. leap .a tract, -1..... me inteinra more, nIn. C smear eD le arca({. to the ...peaky Dove ama—ibed 1.Go leg upon ..is Frop.rt, ,suit. ; the o r th. right to fee at., p-mino thibugh the .lcugh or lateral the o Option fee 'fi ve (55 ya e fry date her , to p—, ore o ' . alone proper ty at tib.' F i of J�rg.aC per .er The co'.., deo .Itanfill` bridge a ,:`jou lateral/. and al..gh: 19 agreed that theord °aerean9 who .ver used herein shall be ,hall Snelua the ..110 of the C-1 ad the weed herein shell De .1nially binding noun and .bell Include the hot,., P , r -.I,ns of the Greater., i0 in to the lasso d.m.tlaar the Co.ntuxe neve a cuteh thia ayesement in aupli Cate, this 171h day ItND'& WATLR"COMPANY T. 1. Oaeaeer (I..,) FoI ny I. ...men (Sar l) itetyleeasvrer E IT egglounleD, that oa thie`ldlh our meg I.rnh, JTW P -101111y mean fole me, a I--- in and for aria :C0nty, t 0 metele ma T. I. Dmoo o I.e., um� L. O.,tlner, be 11 `,SSTW 7199-739997—C After Recording Please Return To: Bonnie McCoy Les Schwab Main Office PO Box 667 Prineville, Oregon on of Chief Deputy Clerk Lane 2006.005403 Lane County Deeds and Records $61,00 00775746200600054030110118 - 01/24/2006 03;35;10 PM RPR-ESMT Cntc2 Strict CASHIER 05 $5.00 $55.00 $10.00 $11.00 ACCESS EASEMENT DEVELOPMENT AND MAINTENANCE AGREEMENT PARTIES: Les Schwab Tire Centers of Oregon, Inc. ("Les Schwab") The State of Oregon, by and through the State Board of Forestry and the State Forestry Department (hereafter referred to as "ODF") The Eastern Lane Forest Protective Association ("ELFPA") RECITALS: A. Les Schwab owns the real property described on attached Exhibit A ("Les Schwab Property"). B. ODF and ELFPA own the real property described on attached Exhibit B, together with the fire protection facilities located thereon ("ODF Property'), which is located adjacent to and directly west of the Les Schwab Property. ELFPA appears as the owner of record on the deed of the ODF Property. The Forest Land Protection Agreement entered into between ELFPA and ODF, dated May 21, 1975 (hereafter referred to as the "Agreement') provides that upon termination of the Agreement the facility will remain the property of the forest protection district designated by the Oregon State Forester under ORS 477.225. C. Due to improvements being made on Main Street, as shown on Exhibit C, ODF and Les Schwab are having their accesses to Main Street affected and the parties desire to enter into this agreement (the "Agreement') to establish a shared access as shown on Exhibit C. D. The City of Springfield has or will construct the public portion of the improvements comprising 32" Street ("Public Road"), and will participate with the Oregon Department of Transportation in constructing the traffic signal and intersection of 32 rd Street and Main Street ("Intersection), all as shown on Exhibit C. Pursuant to an agreement between the City of Springfield and Les Schwab, Les Schwab is responsible for 100 percent of the cost to construct the Public Road and 25 percent of the costs to construct the Intersection, each to a maximum cost of $51,000 and $45,000, respectively. E. Les Schwab constructed the private portion of the improvements as shown on Exhibit C ("Private Road"). F. ODF will share in the costs to construct the Private Road, the Public Road and the Intersection as outlined herein in exchange for the easements granted herein providing access to the ODF Property over and across that portion of the Les Schwab Property comprising the Private Road. TERMS: First American Title I PO Box 10146 Eugene, C2 97460 Recorded by First American Title Insurance Company of Oregon as an accommodation only. No liability accepted for condition of title or validity, sufficiency, or effect of document. In consideration of the mutual covenants contained herein, the parties agree as follows: 3. Les Schwab hereby grants to ODF, its heirs, successors, assigns, tenants and agents a perpetual, non-exclusive access easement on, over and across that portion of the Les Schwab Property shown on Exhibit C as the Private Road, for the purpose of vehicular and pedestrian ingress to and egress from the ODF Property to 32nd Street and to Main Street. ODF may make regular, continuous use of the easement for vehicular and pedestrian traffic. ODF may maintain two access points for the ODF Property from the Private Road, one to be used for public access to the ODF Property and the other to permit access for ODF and for other State of Oregon vehicles and equipment, as shown on Exhibit C. 4. Les Schwab has constructed the Private Road and ODF accepts the same in its current as -built, condition. The parties acknowledge that the Private Road is a portion of the parking lot used for the business operated on the Les Schwab Property but will be maintained free of stationary items so that ODF traffic can continuously use the Private Road to access the ODF Property. Notwithstanding the foregoing, if any additional curb, gutter, or landscaping is required by a governmental authority on the western edge of the Private Road, if any, shall be completed and maintained at the sole cost and expense of ODF. ODOT will pay for one half the cost to construct the Private Road, for all of the cost to construct the curb, gutter and landscaping along the west side of the road, provided that ODF will not be required to pay more than Thirty -Four Thousand Dollars ($34,000.00) as its share of the total cost of constructing the Private Road. Les Schwab shall pay for all of the costs of performing the work related to the Private Road and upon completion will provide a bill to ODF for its share of the total costs. The bill shall include: (1) invoices and receipts supporting the amount of the total bill; (2) evidence that all such costs have been paid by Les Schwab; and (3) any other relevant documentation reasonably requested by ODF. ODF will pay a properly presented, undisputed bill within thirty (30) business days. ODF will also reimburse Les Schwab for one-half of the cost incurred by Les Schwab to pay the City of Springfield for Les Schwab's share of the Public Road and the Intersection, up to a maximum amount of Twenty -Five Thousand Five Hundred Dollars ($25,500) for the Public Road and Twenty -Two Thousand Five Hundred Dollars ($22,500) for the Intersection..- Upon completion of the Private Road, ODF shall reimburse Les Schwab for ODF's share of the Public Road and Intersection costs within thirty (30) business days of receipt by ODF of written proof that Les Schwab has paid all related fees to the City of Springfield for such work and that all of the work on the Public Road and the Intersection has been completed. Les Schwab is responsible for maintenance and repair of the Private Road and shall keep the Private Road in a safe condition at all times; provided, however, that both parties shall share equally the costs of all such maintenance and repair. Les Schwab shall periodically invoice ODF for its share of such costs and provide reasonable documentation and support for such expenditures. Following its review of maintenance and repair expenditures, ODF will pay its share of each such undisputed invoice within thirty (30) days of its receipt of the same. In the event Les Schwab fails to maintain or repair the Private Road, ODF may give notice to Les Schwab of such failure and if such maintenance and repair is not performed within a reasonable time, ODF shall have the right, but not the obligation, to perform such maintenance and repair, and Les Schwab agrees to pay its share of any such maintenance and repair costs. 6. ODF believes it has sufficient funds currently available and authorized within its biennial appropriation or limitation to pay its share of the costs under this Agreement. Notwithstanding the above, Les Schwab understands and agrees that ODF's payment of amounts outlined herein is contingent upon ODF receiving from the Oregon Legislative Assembly (including but not limited to the emergency board) appropriations, limitations or other expenditure authority sufficient to allow ODF, in the exercise of its reasonable administrative discretion, to continue to make such payments. If ODF is not allotted funds, by appropriation, appropriation limitation, grant or other funding source lawfully available to it for such purposes to continue making payments under this Agreement, ODF may, in its discretion, terminate the Agreement without penalty. Les Schwab understands and agrees further that this Agreement is made by the ODF in its official capacity as a state agency and not by its officers as individuals and that no such individual shall be personally liable for payment of such obligations. Subject to the limitations of Article XI, §7 of the Oregon Constitution and the Oregon Tort Claims Act (OTCA, ORS 30.260 through 30.300), ODF shall indemnify and hold harmless Les Schwab from and against any claims, suits, actions, losses, damages, liabilities, costs and expenses arising out of or relating to ODF's use of the Private Road. Les Schwab shall indemnify and hold harmless ODF from and against any claims, suits, actions, losses, damages, liabilities, costs and expenses arising out of or related to Les Schwab's use of the Private Road. For purposes of this Paragraph, use by a party's customers, agents, employees, invitees, lessees, mortgagees, guests, contractors and licensees shall be considered use by that party. Each party shall provide the other with written notice of any such claim, suit, action or proceedings and, upon request, reasonable assistance in the defense thereof; provided, however, that neither Les Schwab nor any attorney engaged by Les Schwab shall defend any claim in the name of ODF, the State of Oregon or any agency thereof, nor purport to act as legal representative of ODF or the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. ODF may, at its election and expense, assume its own defense and settlement in the event that it determines that Les Schwab is prohibited from defending ODF or that Les Schwab is not adequately defending ODF's interests, an important governmental principle is at issue or it is deemed by ODF to be in its best interest to do so. Each party hereby covenants and agrees that its use of the Private Road shall not interfere with the other's use of the same. ODF, at its sole cost and expense, and upon prior written notice to Les Schwab, may install (or contract to have installed) underground utility lines, cables or pipes within the Private Road, provided that no such line, cable or pipe shall block, impede or otherwise interfere with Les Schwab's use of the Private Road. Furthermore, neither party shall build, install, maintain or erect any structure or other improvement within the Private Road which interferes with the easement rights granted hereunder. Neither party shall park vehicles or store equipment within the Private Road in such a way that would interfere with the easement rights granted hereunder. During construction upon either the ODF Property or the Les Schwab Property, the constructing party shall use its commercially reasonable good faith efforts to not disturb the other party's business operation, use, or enjoyment of their property or the Private Road and under no circumstances will permit the Private Road to be blocked in a manner that blocks access to the other's property. 9. The parties agree to use their best good faith, commercially reasonable efforts to resolve all disputes arising out of the interpretation or enforcement of this Agreement. 10. The easements granted hereunder benefit, burden, run with, and are appurtenant to the Les Schwab Property and ODF Property and shall be binding upon the parties' heirs, successors, assigns, tenants and subtenants. Notwithstanding the foregoing, the easement granted hereunder and comprising the Private Road shall not benefit the ODF Property if on such property there is operated a business which derives twenty percent or more of its gross income from the retail sale or service of tires, wheels, brakes, alignment, shocks, or batteries for other than the vehicles owned or operated by the occupant of such property. The intent of this provision is to allow, for instance, ODF to service its own and other State of Oregon vehicles and equipment but to prevent ODF or a successor to provide such service to vehicles or equipment owned or operated by others. However, following the sale or transfer of the Les Schwab Property, in the event the Les Schwab Property is no longer used for the retail sale or service of tires, wheels, brakes, alignment, shocks or batteries, this restriction shall be void and of no further affect. it. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. The parties agree that the recitals appearing at the front of this document, and the Exhibits referenced therein, are hereby incorporated by reference into this Agreement. 12 Any notice required to be given under this Agreement shall be provided as follows: If to Les Schwab: Les Schwab Tire Centers of Oregon, Inc. P.O. Box 667 Prineville, OR 97754 Attn: Real Estate If to ODF: Oregon Department of Forestry 3150 Main Street Springfield, OR 97478 Attn: District Forester Or to such other address or addresses as Les Schwab or ODF may provide from time to time. 13. Pursuant to ORS 93.808, ODF hereby approves and accepts this easement grant from Les Schwab, as described in Exhibit C attached hereto. DATED to be effective December, 2005. LES SCHWAB TIRE CENTERS OF OREGON, INC. STATE OF OREGON acting by and through the STATE BOARD OF FORESTRY and the STATE FORESTRY DEPARTMENT By: ���By: Richard B. Borgman Clark W. Seely Senior Executive Vice President Associate State Forester STATE OF OREGON EASTERN LANE FOREST PROTECTIVE ASSOCIATION By: �, e Cary art President ) ss. County of Crook ) On this IP day of Jzwiud u�, 2005 before me, a Notary Public for the State of Oregon, duly commissioned art8 sworn, personally appeared before me Richard B. Borgman, to be known to be the Senior Executive Vice President of Les Schwab Tire Centers of Oregon, Inc., that executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed of said corporation, for the use and purpose therein mentioned, and on oath stated that he was authorized to execute said instrument. OF FICIAL SFAL BONNIE M. MCCOY NOTASY PUBLIC-ONEGON COMMISSION N0.368521 Notary Public for the State of gon MY COMMISSIONEXPRES JULY 10,2007 STATE OF OREGON ) ) as. County of Marion ) On this 2r day of hi26"6QL , 2005, before me personally appeared Clark W. Seely who being duly sworn stated that he/she is the Assistant State Forester, State Forestry Department, acting under the general supervision of the State Board of Forestry, and acknowledged the foregoing instrument to be the voluntary act of the State Forestry Department, and that he/she executed the foregoing instrument on behalf of said state agency, acting on behalf of a State of Oregon. ]ALSEAL to_ NOTARYPUBLIC FOR OREGON NOIC-Oto_ ,0NO.364205 My commission Expires:PMVCOMMI� S DEC. 30,2006_ STATE OF OREGON ) as. -- _ County ofi ) ------ _ — - On this,2-�02iday of A.t¢ bo , 2005, before me personally appeared Cary Hart who being duly sworn stated that he/she is the President, Eastern Lane Forest Protective Association, and acknowledged the foregoing instrument to be the voluntary act of the Eastern Lane Forest Protective Association, and that he/she executed the foregoing instrument on behalf of said state agency, acting on behalf of the Eastern Lane Forest Protective Association. O EA KRISFFICIAL O NOTARY OOKE if OREGON ' .391558gRY PUBLIC FOFO OR K PO. 20, 2009 My commission Expires: ai�do dCX)� May 12, 2005 q 7 Branch No. 02-035 ps' i y9 it A LEGAL DESCRIPTION LANDS OF LES SCHWAB TIRE CENTERS OF OREGON, INC (Tax Map 17-02-31-31, Tax Lots 4200, 4201, 4500, 4600, 4701, 4800, 4900 and pm of 4700) SITUATED in the City of Springfield, Lane County, State of Oregon in the Southwest 1/4 of Section 31 in Township 17 South, Range 2 West of the Willamette Meridian and described as follows: Commencing at the Southwest comer of the Lucinda Comegys Donation Land Claim No. 81, Township 17 South, Range 2 West of the Willamette Meridian, thence South 00° 30' 30" West 1667.7 feet to an iron pipe on the north margin of the McKenzie Highway (an 80.00 -foot wide right- of-way) ; thence North 89' 44' West 248.7 feet along said margin to an iron pin that marks the southeast comer ofthe lands that were conveyed to Les Schwab Tire Centers of Oregon, Inc. in that certain Bargain and Sale Deed that was recorded December 7, 1972 in Reel 615R at Reception No. 31607 in the Official Records of Lane County, State of Oregon (aka Tax Lot 4600) as said comer lies at the intersection of the north margin of the McKenzie Highway with the west margin of 33'a Street (a 60.00- foot wide right-of-way), which comer is the TRUE POINT OF BEGINNING of the lands described. herein; THENCE, leaving said TRUE POINT OF BEGINNING and along the south line of said lands - that were conveyed by Reception No. 31607 and the south line of the lands that were conveyed to Les Schwab Tire Centers of Oregon, Inc. by that certain Warranty Deed that was recorded January 16, 1996 in Reel 2131R at Reception No. 9602742 in the Official Records of Lane County, State of Oregon (aka Tax Lot 4700) as said lines are common with said north margin of the McKenzie Highway the following one numbered course: (1) NORTH 89° 44' 00" WEST 243.65 FEET to the southeast corner of the lands that are proposed for conveyance to, or have been conveyed to, the State of Oregon, which lands are described in EXHIBIT "A-1" and graphically shown on EXFE BIT "B" as said exhibits are attached hereto and made a part hereof; which southeast comer lies at the beginning of a tangent curve to the right; THENCE, along the east line of last said lands the following three numbered courses: (2) along said tangent curve to the right having a radius center that bears NORTH 00° 1600" E 40.00 FEET, a central angle of 23° 13'57", a long chord of NORTH 78' 07' 02" WEST 16.11 FEET, an arc length of 16.22 FEET to point of compound curvature to the right and (3) along said compound curvature to the right having a radius center that bears NORTH 23' 29'57" E 17.00 FEET, a central angle of 32° 49'36", a long chord of NORTH 50'05'15" WEST 9.61 FEET, an arc length of9.74 FEET to a second point of compound curvature to the right and (4) along said compound curvature to the right having a radius center that bears NORTH 56° 19'33" E 95.00 FEET, a central angle of 12°.03' 10", a long chord of NORTH 27° 38' 52" WEST 19.95 FEET, an arc length of 19.98 FEET to the southeast comer of the lands that were conveyedto the City of Springfield for road purposes bythat certain Bargainand Sale Deed that was recorded February 22, 2005 as Recorder's Number 2005-012390 in the Official Records of Lane County, State of Oregon, which lands are described in EXHIBIT "A-2" and graphically shown on LEGAL DESCRIPTION LANDS OF LES SCHWAS TIRE CENTERS OF OREGON, INC Page 1 of 5 EXH[B1T'B" as said exhibits are attached hereto and made apart hereof. THENCE, alongthe east, north and west lines of last said lands the following four numbered courses: (5) continuing along the are of last said curvature to the right having a radius center that bears NORTH 68` 22,43" E 95.00 FEET, a central angle of21'47'01 ", a long chord of NORTH 10'43'46" WEST 35.90 FEET, an arc length of 36.12 FEET to a. point of tangent line; (6) along said tangent line, NORTH 00° 09' 44" EAST 37.76 FEET; (7) NORTH 89° 44'00" WEST 60.00 FEET; and (8) SOUTH 00' 09'44" WEST 73.00 FEET to the northwest corner of said lands that are proposed for conveyance, or have been conveyed to, the State of Oregon; THENCE, along the west line of last said lands the following one numbered course: (9) SOUTH 45' 12'52" WEST 38.15 FEET to a point on the line that is common with the south line ofsaid lands that were conveyed by Reception No. 9602742 (aka Tax Lot 4700) and said north margin of the McKenzie Highway, THENCE, along last said south line and margin the following one numbered course: (10) NORTH 89' 44'00" WEST 3.30 FEET to the southwest comer of last said lands; THENCE, along the west tine of said lands and the west lines of the lands that were conveyed to Les Schwab Tire Centers of Oregon, Inc. in that certain Warranty Deed that was recorded July 10, 1995 in Reel 2077R at Reception No. 9537504 in the Official Records ofLane County, State of Oregon (aka Tax Lots 4800, 4701, 4900, 4200 and 4201) the following one numbered course: (11) NORTH 00° 32'30" EAST 463.90 FEET to the northwest corner of said lands; THENCE, along the northerly lines of last said lands the following three numbered courses: (12) SOUTH 89° 39'01" EAST 296.23 FEET, (13) SOUTH 00' 31' 18" WEST 112.00 FEET and (14) SOUTH 89' 34' 17" EAST 76.71 FEET to the east-northeast comer of said lands as said comer lies on the aforesaid west margin of 33`" Street; and THENCE, along last said margin and the east lines of said lands that were conveyed by Reception No. 9537504 (aka Tax Lots 4800, 4701, 4900; 4200 and 4201), the east line of the lands that were conveyed to Les Schwab Tire Centers of Oregon, Inc. in that certain Warranty Deed that was recorded February 14, 1973 in Reel 625R at Reception No. 736653 in the Official RecordsofLane County, State of Oregon (aka Tax Lot 4500) and the east line of said lands that were conveyed by Reception No. 31607 in the Official Records of Lane County, State of Oregon (aka Tax Lot 4500) the following one numbered course: (15) SOUTH 00° 30' 30" WEST 351.23 FEET RETURNING to the TRUE POINT OF BEGINNING and containing 157,519 Square Feet (3.62 Acres) more or less. Bearings and distances shown hereon were taken from record data and dat shown on the Survey Map by Daniel W. Baker that was fried August 26, 1996 as County Survey File No. 33732 in the Office of the County Survey of Lane County, State of Oregon. h2 .G -.-,o. 12131 LEGAL DESCRIPTION LANDS OF LES SCHWAB TIRE CENTERS OF OREGON, INC Page 2 of 5 EXHIBIT B LEGAL DESCRIPTION OF ODF PROPERTY Beginning at a point on the north right-of-way line of the McKenzie Highway 9.424 chains north 899 44 west from a point which is south 02 29Yz west 25.284 chains from the southwest corner of the Lucinda Comegys Donation Land Claim No. 81, township 17 South Range 2 West of the Willamette Meridian; from said beginning point run north 899 44 west along said north right of way line 300 feet; thence leaving said right of way line and run north 00 29Yz east 1016.4 feet; thence south 899 44 east 300.0 feet; thence south O9 29Yz west 1016.4 feet to the north line of said highway right-of- way line and the place of beginning, being a part of the J. C. Carter Donation Land Claim No. 58, said township and range, and containing 7 acres in Lane County, Oregon. "EXHIBIT U Goss hw tc�<� a14� s O/JF EA se