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HomeMy WebLinkAboutApplication APPLICANT 11/30/2022THE SATRE GROUP Land Use Planners, Landscape Architects, Environmental Specialists 375 West 4' Avenue, Suite 201, Eugene, Oregon 97401 (541)686-4540 w .satregroup.com TRANSMITTAL TO: City of Springfield DATE: November 15, 2022 225 5^ Street PROJECT: Willamette Valley Oregon Temple Springfield OR 97477 Major Replat Plat CLIENT PROJ #: ATTN: TRANSMITTED: Herewith Separate Cover Other SG PROJ #: 2135 DISPOSITION: For Your Approval For Your Information/Use X For Reply TRANSMITTED: #Copies Item Dated No. Pages A paper copy and a CD of a: Major Replat Plat Submittal Application Packet Various Several REMARKS: This Major Replat Plat Submittal Application Packet is hereby submitted for processing. The submittal package includes: 1. This Transmittal 2. Application Fee 3. Application Form 4. Vesting Deeds (2 copies) 5. Title Report (2 copies) 6. Private Utility Easement (2 copies) 7. Sidewalk Easement (original and copy) 8. Plat (original and copy) We look forward to your assistance with the project. Do not hesitate to contact us should you have any questions or need any additional information. Thank you. COPIES TO: Agency x File X Consultant Team X Client X Other BY: Rick Satre, AICP, ASLA, CSI �ity of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Major Replat Plat SPRINGFIELD W % I..tiontype (Applicant., check ci Re lat Plat Pre -Submittal: LJ Ma'or Re lat Plat Submittal Required Project Information (Applicant. complete this) Applicant Name: The Church of Jesus Christ of Latter-daV Saints Phone: Company: The Church of Jesus Christ of Latter-day Saints E-mail: Address: 50 East North Temple Street 10th Floor Salt Lake City, UT 84150 Applicant's Rep.: Rick Satre Phone: 541 686-4540 Company: The Satre Group E-mail: Address: 375 W. 4th Avenue Suite 201 Eugene, OR 97401 PROPERTY i `.: See Pa e2 to add additional roperties) Assessor's Ma #: 17-03-15-40 Lot: 3200 Property Address: Not addressed; See Map and Tax Lot Above Property Owner: The Church of Jesus Christ of Latter-day Saints Phone: Address: 50 East North Temple Street, 10th Floor, Salt Lake City, UT 84150 E -Mail: Name of Subdivision: ` Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Develop a new Temple for the Church of Jesus Christ of Latter-day Saints Existing Use: Vacant land I Tentative Case #: # of Lots Parcels: 4 Av . Lot/Parcel Size: sf Densit : du/acre Si natures: Please sign and print your name and date in the appropriate Required Project Information (City Intake Staff., Associated Applications: box on the next pacle. complete this section) Pre -Sub Case No.: Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ Technical Fee: Posta a Fee: $0 TOTAL FEES: $ PROJECT NUMBER: Revised 10.14.13 kl 1 of 8 Additional Properties : Revised 10.14.13 KL 2 of 12 PROPERTY 2 Assessor's Ma #: 17-03-15-40 Tax Lot #: 3300 Property Address: Not addressed; See Map and Tax Lot Above Property Owner: The Church of Jesus Christ of Latter-day Saints I Phone: Company: The Church of Jesus Christ of Latter-day Saints E-mail: Address: 50 East North Temple Street, 10th Floor, Salt Lake City, UT 84150 PROPERTY 3 Assessor's Ma #: 17-03-15-40 Tax Lot #: 3400 Property Address: Not addressed; See Map and Tax Lot Above Property Owner: The Church of Jesus Christ of Latter-day Saints I Phone: Company: The Church of Jesus Christ of Latter-day Saints I E-mail: Address: 50 East North Temple Street, 10th Floor, Salt Lake City, UT 84150 Revised 10.14.13 KL 2 of 12 PROPERTY 4 Assessor's Ma #: 17-03-15-40 Tax Lot #: 3500 Property Address: Not addressed; See Map and Tax Lot Above Property Owner: The Church of Jesus Christ of Latter-day Saints phone: Company: The Church of Jesus Christ of Latter-day Saints E-mail: Address: 50 East North Temple Street, 10th Floor, Salt Lake City, UT 84150 Revised 10.14.13 KL 2 of 12 Owner Signatures This application form is used for both the required pre -submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Date: S-i(o - Signatur racy D�auiF1S Print ii The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf, I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. r.� �� Date: S- ! - 2022 Sign Cogzy Di:::)Nne Lx Print The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. C -r DDate: f-Ifo-zozZ Signature CoREy D DAAI;&" Print Revised 10.14.13 kl 3 af 4: The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Date: S- l b —Zo-zz Signatur Cozey D L>"jN,s Submittal: Property 1: Submittal 1 represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: O�—� Date: 11/11/2022 Signaturfa Corey D. Daniels Print is I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: 11/11/2022 Signaturfe s: Submittal 1 represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the Information identified by the City as necessary for processing the application is provided herein or the Information will not be provided If not otherwise contained within the submittal, and the City may begin processing the application with the Information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: 11/11/2022 Signatur Revised 10.14.13 kI 4 of 8 4: 1 represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. !f7 0�� Date: Signatur Print Major Replat Plat Application Process (see next page for a diagram of this process) 1. Applicant Submits a Major Replat Plat Application for Pre -Submittal • The application must conform to the Major Replat Plat Pre -Submittal Requirements Checklist on pages 7-8 of this application packet. • A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal meetings are conducted every Tuesday and Friday, from 10:00 am - noon. • Planning Division staff strives to conduct pre -submittal meetings within five to seven working days of receiving an application. 2. Applicant and the City Conduct the Pre -Submittal Meeting • The applicant, owner, and design team are strongly encouraged to attend the pre - submittal meeting. • The meeting is held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall's office, and the Planning Division and is scheduled for 30 to 60 minutes. • The Planner provides the applicant with a Pre -Submittal Checklist specifying the items required to make the application complete if it is not already complete, and the applicant has 180 days submit a complete application to the City. 3. Applicant Submits a Complete Major Replat Plat Application When the applicant has addressed all items on the Pre -Submittal Checklist and the City Surveying Section has notified the applicant's surveyor that the plat and other documents are sufficiently refined, the applicant can submit a complete application to the City Survey Section. • The application must conform to the Replat Plat Submittal Requirements Checklist on page 8 of this application packet. • If the submittal is deemed complete, the City Survey Section will sign -off on the City Survey approval sheet and send the applicant to the Development & Public Works Department for application submittal and fee collection. • Planning staff checks and signs the mylars. 4. Applicant Records Plat at Lane County & Submits Plat and Documents to City • After Planning staff checks and signs the mylars, the plat may then be recorded by the applicant's surveyor at Lane County. • After plat has been recorded at Lane County, applicant submits five (5) recorded, rolled paper copies of the plat and three (3) copies of required documents to the Development & Public Works Department prior to the issuance of building permits. Revised 10.14.13 kl 5 of 8 MAJOR REPLAT PLAT APPLICATION PROCESS Applicant submits Major Replat plat application for pre -submittal (See Replat Plat Pre -Submittal Requirements Checklist) City departments review application for completeness and hold pre -submittal meeting to discuss completeness issues with applicant and applicant's representatives. Applicant addresses incomplete items. City Surveyor checks application and returns comments to applicant's surveyor. Applicant's surveyor corrects plat City Surveyor conducts field check and and returns to City Surveyor. returns comments to applicant's surveyor Applicant's surveyor sets new monuments and flags existing ones. Once no errors appear on the plat and a current title report is submitted, applicant's surveyor is given ok to submit complete Replat plat application. After ok given from City Surveyor and applicant has addressed all incomplete items from pre -submittal, applicant submits complete application to the City Survey Section (See Malor Replat Plat Submittal Requirements Checklist) City Survey Section signs -off on City Survey approval sheet and sends the applicant to the Development & Public Works Department for application submittal and fee collection. Planning staff checks and signs mylars and notifies applicant's surveyor of approval. Applicant takes plat and accompanying documents to Lane County for recording. Applicant brings copies of recorded plat and documents to Development & Public Works. Revised 10.14.13 kl 6 of 8 Major Replat Plat Pre -Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. m Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. Any applicable application, technology, and postage fees, are collected at the pre -submittal and submittal stages. m Major Replat Plat Application Form m Letter Addressing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each item. m Five (5) Paper Copies of the Plat stamped and signed by the surveyor. m The word "Major Replat" shall be shown in the title block m The name or reference number of the previous Plat and any additional recording information shall be retained in the title of the Replat m Blocks, lots/parcels and portions thereof which are being replatted shall be identified, where applicable m Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all common areas, dedicated areas, and easement areas that are not simple parallel offsets. m Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being divided. The title report must be dated within 30 days of submittal at the time of the final submittal. An older report is OK at the pre -submittal stage. m Two (2) Copies of Each of the Reference Documents and Plats listed on the plat. m Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest title to the owner listed on the plat), existing easement deeds, and documents listed as exceptions in the title report, etc. NhD Two (2) Draft Copies of any street dedications. © Two (2) Draft Copies of Any New Easements or Restrictions being created by separate document, improvement agreements, maintenance agreements, joint use ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other documents that will be recorded together with the plat or that are required by the Conditions of Approval. N U Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by separate document is required from all Trust Deed, mortgage, or other secured loan interest holders against the property to be recorded simultaneously with the plat IF any public dedications or easements are being made and/or any other interests are being transferred to the public per ORS 92.075 (2-4). N/A[:] Copies of Wetland Documents as required. N/A[] Copies of ODOT Access Permits as required. Revised 10.14.13 kl 7 of 8 N/A ❑ Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a template, as required. N/A❑ Verification that Street Tree Agreement is in Progress as required. N/A ❑ Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as required. 0 Location of Any Floodways in accordance with SDC 3.3-400. n Existing Easements Clearly Identified with Their Recorded Reference. ❑✓ New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right -of -Way. Major Replat Plat Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. [V Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. [6 Major Replat Plat Application Form [� Two (2) Copies of the Deed [r7j Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. Rf Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. Z Copy of the Mylar on Bond Paper lid Original and Copy of all Required Documents with signatures where appropriate. Revised 10.14.13 kl 8 of 8 Lane County Clerk 2022-044115 Lane County Deeds & Records 10/25/2022 09:21:55 AM RPR-ESMT Crt=l Str=8 CASHIER 12 1lpages When Recorded. Mail To: $ss 00 $11 00 $1000 $61 00 $137.00 200 International Way, LLC Atm: Director of Real Estate PO Box 529 Eugene, OR 97440 With a Cony To: The Church of Jesus Christ of Latter-day Saints Atm: Corey Daniels 50 East North Temple Street, 10°i Floor Salt Lake City, Utah 84150 Tax Parcel Nos.: 17-03-15-40-03500 and 17-03-15-40-03600 (Space Above for Recorder's Use Only) UTILITY EASEMENT AGREEMENT thisHIS Ul'IT F�tSEMENT AGREEMENT (this "Agreement") is made and entered into on day of C � , 2022 (the "Effective Date"), by and between THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole ("Grantor"), and 200 INTERNATIONAL WAY, LLC, an Oregon limited liability company ("Grantee"). Grantor and Grantee are at times referred to herein individually as "Party" and collectively as "Parties". RECITALS A. Grantor is the owner of that certain real property located in Springfield, Lane County, Oregon, more particularly described on Exhibit A attached hereto and incorporated by this reference (the "Grantor Property"). B. Grantee is the owner of certain adjacent real property, more particularly described on Exhibit B attached hereto and incorporated by this reference (the "Grantee Property"). C. Grantee desires a perpetual, non-exclusive utility easement (the "Easement") on, over, across, under and through a certain portion of the Grantor Property, more particularly described on Exhibit C attached hereto and incorporated herein by this reference (the "Easement Area"), to benefit the Grantee Property, for the purposes more fully set forth in this Agreement. D. Grantor is willing to convey the Easement to Grantee, subjectm and in conformance with the terms and conditions set forth in this Agreement. E. A portion of the Grantee Property, which prior to a property line adjustment was a part of Lot 3 ofthe Liberty Professional Center, was benefittedby aneasement over Che salve portion ofthe Grantor Property as the Easement Area (the "Original Easement"). The Original Easement is shown as "5.00' PRIVATE UTILITY EASEMENT" on the Liberty Professional Center plat recorded October 25, 2007, Reception No. 2007-072835. For the avoidance of doubt, this Agreement is intended to benefit all of the Grantee Property and supersedes and replaces for all purposes relating to the Original Easement that certain Declaration of Easements recorded October 25, 2007, Reception No. 2007-072836, modified by 4856-0015-4165.,,3 Termination and Release of Easement Rights recorded January 8, 2021, Reception No. 2021-001470, and re-recorded January 11, 2021, Reception No. 2021-001939. TERMS AND CONDITIONS I. Grant of Utilitc Easement. For sufficient consideration having been received and acknowledged by Grantor, Grantor does hereby convey, without warranty, unto Grantee, for the benefit of the Grantee Property, a non-exclusive easement on, over, across, under and through the Easement Area for the purposes of constructing, replacing, relocating, removing, operating, using, maintaining, and repairing various utility facilities located or to be located therein exclusively serving the Grantee Property (collectively, the `Improvements"). Grantee hereby agrees that the Improvements shall be constructed and placed underground and shall not be visible from the surface of the Grantor Property. All costs of the Improvements and all construction, replacement, relocation, removal, operation, use, maintenance and/or repair thereof, shall be the sole responsibility of Grantee. 2. Access. Grantee and its agents, servants, employees, consultants, contractors and subcontractors (collectively, "Grantee's Agents") shall have the right to enter upon the Easement Area solely for the purposes permitted by this Agreement. Grantee shall enter upon the Easement Area from existing roads at its sole risk and hazard. In the event Grantee needs to access the Easement Area to perform any maintenance, repair, or restoration work on the Easement Area, Grantee shall (i) use reasonable efforts to minimize any interference or disruption to Grantor's use and occupancy of the Easement Area, (ii) provide at least seventy-two (72) hours advance written notice, mid (iii) perform such work on days other than Sunday. In the event of an emergency, Grantee shall not be required to provide advance notice of such entry and may perforin work on Sunday (but only to the minimum extent necessary to cure or remediate such emergency). 3. Reservation by Grantor. Notwithstanding anything to the contrary stated herein, Grantor hereby reserves the right to use the Easement Area for any use not inconsistent with Grantee's permitted use of the Easement Area; provided that Grantor shall not construct or allow construction by any third party of any building or other permanent, vertical structure in the Easement Area. Without limiting the above, Grantor reserves the right (i) to relocate or require the relocation of the Improvements and the Easement Area at any time at Grantor's cost and expense, provided that such relocation provides Grantee with comparable easement rights and functionality and such relocation terminates the use of the easement in its prior location, and (ii) to grant additional rights, easements or encumbrances to other third parries to use or occupy the Easement Area (or the surface of the Grantor Property above same). Grantee hereby understands and agrees that this Easement is granted on a non-exclusive basis and that other third parties have been, and/or may be in the future, granted the right by Grantor to use the Easement Area and/or surrounding areas in a way that does not materially prevent or impair the use or exercise of the easement rights granted hereby. 4. Condition of Easement Area. Grantee accepts the Easement Area and all aspects thereof in their "AS IS," ..WHERE IS" condition, without warranties, either express or implied, "WITH ALL FAULTS," including but not limited to both latent and patent defects, the existence of hazardous materials, if any, and any other easements, rights, or other encumbrances affecting the Easement Area. 5. Maintenance and Restoration. Grantee, at its sole cost and expense, shall maintain and repair the Improvements and any and all related improvements installed by Grantee, in good order and condition. Grantee shall promptly repair any damage to the Grantor Property and Grantor's improvements located thereon (including, without limitation, any and all landscaping, trees, fences, water and/or irrigation pipes, lines and ditches, curbs, gutters, asphalt surfaces, signs, lighting, buildings, etc.) caused by Grantee and/or Grantee's Agents, and shall restore the Grantor Property and the improvements thereon to the same or better condition as they existed prior to any entry onto or work performed on the Grantor Property by 4856.6015-4165.,3 Grantee and Grantee's Agents. Grantee's restoration responsibilities shall also include, but not be limited to leaving the Grantor Property in a condition which is clean, free of debris and hazards which may be caused by Grantee's activities, and subject to neither, environmental hazards nor liens caused by Grantee's activities. 6. Construction of the Improvements. Grantee will conduct all construction activities in a good aid workmanlike manner in compliance with all laws, rules, and ordinances, both present and future. 7. Compliance with Laws Grantee will comply with all present or future laws, statutes, codes, acts, ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of and agreements with all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any building, zoning and ]and use laws. 8. Insurance. Prior to entering onto the Easement Area, Grantee shall maintain, or shall cause to be maintained, policies which, at a minimum, provide Grantor the protections set forth below. Additionally, Grantee will ensure that prior to entering onto the Easement Area or the Grantor Property, all of Grantee's Agents and other such parties who assist with the Improvements or use the Easement Area are either covered under the terms of Grantee's insurance policies, or that each obtain similar policies and which, at a minimum, provide Grantor the same protections. Upon request from Grantor, Grantee shall provide certificates to Grantor evidencing such insurance. 8.1. Liability Insurance Coverace and Limits; A commercial general liability insurance policy insuring Grantee's interests against claims for personal injury, bodily injury, death, property damage occurring on, in or about the Easement Area and the ways immediately adjoining the Easement Area, with a "Combined Single Limit" covering personal injury liability, bodily injury liability and property damage liability of not less than Two Million Dollars ($2,000,000.00). The coverage set forth above shall be primary coverage and shall apply specifically to the Easement Area, activities on the Grantor Property, and adjacent areas; 8.2. Workers' Comnensation Insurance. All Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts and/or applicable law; and 8.3. Automobile Insurance. Automobile Liability insurance with a minimum limit of not less than One Million Dollars ($1,000,000.00) Combined Single Limit per accident, and coverage applying to "Any Auto." 9. indemnification. Grantee hereby agrees to indemnify, save, defend (with counsel reasonably acceptable to Grantor) and hold harmless Grantor, and any entity controlling, controlled by, or under control with Grantor, and its and their Affiliates' officers, directors, employees, managers, members, agents and servants ("Affiliates") from and against any and all liens, enetunbrances, costs, demands, claims, judgments, and/or damage ("Damages") that may be incurred by Grantor or its Affiliates as a result of any liabilities, damages, judgments, costs, expenses, penalties, and/or injuries to persons or property to the extent caused by or arising out of, either directly or indirectly, (i) the use of the Easement Area by Grantee or Grantee's Agents; (ii) any entry onto the Easement Area or the Grantor Property by Grantee or Grantee's Agents; and (iii) any work performed on the Easement Area by Grantee or Grantee's Agents, except to the extent deemed by a court of competentj urisdiction to have been caused by Grantor's or its Affiliates' gross negligence or willful misconduct. Grantor hereby agrees to indemnify, save, defend (with counsel reasonably acceptable to Grantee) and hold harmless Grantee and its Affiliates from and against any and all Damages that may be incurred by Grantee or its Affiliates as a result of any liabilities, damages, 4856-00154165.v3 judgments, costs, expenses, penalties, and/or injuries to persons or property to the extent caused by or arising out of, either directly or indirectly, (i) the use of the Easement Area by Grantor or Grantor's Agents; and (ii) any work performed on the Easement Area by Grantor or Grantor's Agents, except to the extent deemed by a court of competent jurisdiction to have been caused by Grantee's or its Affiliates' gross negligence or willful misconduct. 10. Liens. Grantee shall keep the Easement Area and the Grantor Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by, through, for, or under Grantee, and shall indemnify, hold harmless and agree to defend Grantor from any liens that may be placed on the Easement Area and/or the Grantor Property pertaining to any work performed, materials furnished, or obligations incurred by, through, for, or under Grantee or any of Grantee's Agents. Any such liens shall be released of record within thirty (30) days. 11. Remedies. 11.1. Self -Help and Other Remedies. If any Party defaults in the performance of its obligations hereunder and the default is not cured within ten (10) days following delivery of written notice to such defaulting Party, then the non -defaulting Party shall have the right to (i) perform such obligation on behalf of the defaulting Parry, in which event such defaulting Party shall reimburse such non -defaulting Party for all amounts expended by the non -defaulting Party on behalf of the defaulting Party, together with interest thereon at the lesser of twelve percent (12%) per annum or the maximum amount permitted by law from the date the amounts are expended a til the date repaid; and/or (ii) exercise any other rights or remedies available to the non -defaulting Party either at law or in equity. 11.2. injunctive Relief. in the event of a breach by any Party hereto of any obligation of such Party under this Agreement, the non -defaulting Party shall be entitled to injunctive relief mandating compliance herewith, and shall he entitled to obtain a decree specifically enforcing the performance of the obligations created hereunder. The undersigned hereby acknowledge and stipulate the inadequacy of legal remedies and irreparable harm which would be caused by the breach of this Agreement, and such non - defaulting Party shall be entitled to relief by any and all other available legal and equitable remedies from the consequences of such breach. Any costs and expenses of any such proceeding, including reasonable attorney's fees, shall be paid by the defaulting Party. 11.3. Non -Waiver. No delay or omission of any Party hereto inthe exercise of any rights created hereunder shall impar such right, or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of an event of default hereunder. A waiver by any Party hereto of a breach of, or default in, any of the terms, provisions, and conditions of this Agreement by the other Parry shall not be construed to be a waiver of any subsequent breach thereof or of any other term, condition, or provision of this Agreement. Except as otherwise specifically provided in this Agreement, no remedy provided in this Agreement shall be exclusive, but instead all remedies shall be cmnulalive with all Other remedies provided for in this Agreement and all other remedies at law or inequity which are available to the Parties hereto. 12. Notices. All notices, demands, statements, and requests (collectively, the "Notice") required or permitted to be given trader this Agreement must be in writing and shall be deemed to have been properly given or served as of the date hereinafter specified: (i) on the date of personal service upon the Party to whom the notice is addressed or if such Party is not available the date such notice is left at the address of the Party to whom it is directed, (ii) on the date the notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date the notice is delivered by a courier service (including Federal Express, Express Mail, Lone Star or 4856-0015-4165.0 similar operation) to the address of the Party to whore it is directed, provided it is sent prepaid, retain receipt requested. The addresses of the signatories to this Agreement are set forth below: If to Grantor: The Church of Jesus Christ of Latter-day Saints Attu: Real Estate Services Division (PN 501-5855) 50 East North Temple Street, 12' Floor Salt Lake City, Utah 84150 If to Grantee: 200 International Way, LLC Attn: Director of Real Estate PO Box 529 Eugene, OR 97440 13. Miscellaneous. 13.1. Bindin, Effect Except as expressly stated herein, the provisions of this Agreement shall run with the land be binding upon and inure to the benefit of the Parties hereto, as well as the successors and assigns of such persons. 13.2. Partial Invalidity. If any term, covenant, or condition of this Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant or condition to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenants or condition of this Agreement shall be valid and shall be enforced to the extent permitted by law. 13.3. Captions. The captions mid headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants or conditions contained herein. 13.4. Relationship of the Parties. Nothing contained herein shall be construed to make the Parties hereto partners orjoint venturers, or render any of such Parties liable for the debts or obligations of the other Party hereto. 13.5. Amendment. This Agreement may be canceled, changed, modified, or amended in whole or in part only by the written and recorded agreement of the Parties or their successor and assigns (as determined by the provisions herein). 13.6. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument, but all of such counterparts shall constitute but one Agreement. 13.7. Attorney Fees. In the event any legal action or proceeding for the enforcement of any right or obligation herein contained is commenced, the prevailing Party in such action or proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 13.8. Dedication. Nothing herein contained shall be deemed to be agift or dedication of any portion of the Grantor Property to the general public or for the general public or for any public purpose whatsoever, it being the intention that this Agreement shall be strictly limited to and for the purposes herein expressed. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not specifically benefitted by the terms and 4856-0015-4165.,3 provisions hereof. Grantor shall have the right to perform any act, or do anything, from time to time that Grantor may deem necessary or desirable to assure that no public gift deduction (or deemed gift dedication) occurs. [SIGNATUPESAND ACKNOWLEDGMENTS TO FOLLOW] 4856-0015-4165.0 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. GRANTOR: THE CHURCH OF .fFSUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole ��iJ.7"n R1d Its: Authorized Agent STATE OF UTAH ) 55 COUNTY OF SALT LAKE ) On this f7t`A-P' day of ( _.. 2022, before me personally appeared'0 ,.l 16,taea whose identity is personally known to or proved to me on the basis of satisfactosidence, and who, being duly sworn (or affirmed), did say that he is the Authorized Agent of THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, and that the foregoing document was signed by him on behalf of said corporation in his capacity as Authorized Agent. WITNESS CESS my hand and official seal. ,� 7 C ✓ L ( !-'rel;-1."_ Notary Public for the State of Utah My Commission Ends:'T W .a !, LORI GII RRERCb caOraRv vuavc . sraT 5 uxax My Canm. exp 06/04/2083 CC`MmsMIcn # 706043 (seat) 4856-0015-4165.0 GRANTEE: 200 INTERNATIONAL WAY, LLC, an Oregon limited liability company �y. . dr Name: � r4rRistina� .� Its: Manager STATE OF OREGON) ss COUNTY OF LANEI �7 On thisday of : :ke . 2022, before me personally appeared Dan Giustina who indicated to me that he is a Manager of 200 INTERNATIONAL WAY, LLC, an Oregon limited liability company, and that he duly acknowledged to me that he executed the foregoing instrument as a free and voluntary act for and on behalf ofthe said limited liability company. WITNESS my hand and official seal. OFFICIAL STAMP MY OOM �SAfl11{LIN CAGY lyy 1y Public for the State oy"9regon , < NOTA C - OREGON COMMISSION NO. 1002785 MISSION EXPIRES AUGUST 11, 2024 My Commission Ends: '�'r� 4856-0015-4165.,3 EXHIBIT A (Legal Description of the Grantor Property) That certain real property located in Lane County, Oregon, described as follows: Lot 4, LIBERTY PROFESSIONAL CENTER, as platted and recorded October 25, 2007, Reception No. 2007-072835, Lane Cranny y Deeds and Records, in Lane County, Oregon. 4856-0015-4165.0 EXHIBIT B (Legal Description of the Grantee Property) That certain real property located in Lane County, Oregon, described as follows: Lot 5, LIBERTY PROFESSIONAL CENTER, as platted and recorded October 25, 2007, Reception No. 2007-072835, Lane County, Oregon, TOGETHER WITH: Beginning at the Northeast corner of Lot 5, LIBERTY PROFESSIONAL CENTER, as platted and recorded October 25, 2007, Reception No. 2007-072835, Lane County Deeds and Records, in Lane County, Oregon, and running thence along the North line of said Lot 5 North 89° 58' 03" West, 330.49 feet to the Northwest corner of said Lot 5; thence North 0° 00'56" West, 100.00 feet; thence South 89'58'03" Fast, 331.42 feet to the East line of Lot 3 of said LIBERTY PROFESSIONAL CENTER; thence along the East line of said Lot 3 South 0'31'00" West, 100.00 feet to the Point of Beginning, in Springfield, Lane County, Oregon. 4856-0015-4165.v3 EXHIBIT C (Description of the Easement Area) That certain real property located in Lane County, Oregon, described as follows: A 5.00 foot wide strip of land lying in the Southeast Quarter of Section 15, Township 17 South, Range 3 West of the Willamette Meridian, in Springfield, Lane County, Oregon, said strip being a portion of Lot 4, LIBERTY PROFESSIONAL CENTER, as platted and recorded October 25, 2007, Reception No. 2007-072835, Lane County Deeds and Records, and being more particularly described as follows: Beginning at a point on the North line of that 10.00 foot Public Utility Easement along the south line of Lot 4, LIBERTY PROFESSIONAL CENTER, as platted and recorded October 25, 2007, Reception No. 2007-072835, Lane County Deeds and Records, as created by said plat, said Point of Beginning being North 0° 00' 58" West, 10.00 feet and North 89° 46' 52" West. 7.00 feet from the Southeast corner of said Lot 4; thence along said North line North 89' 46' 52" West, 83.00 feet; thence leaving said North line and running North 0° 00' 58" West, 5.00 feet, thence South 89" 46' 52" East, 83.00 feet to a point on the West fine of that 14.00 foot Public Utility Easement centered on the line between Lot 4 and Lot 5 of said LIBERTY PROFESSIONAL CENTER, as created by said plat; thence along said West line South 0° 00' 58" East, 5.00 feet to the Point of Beginning, in Springfield, Lane County, Oregon. REGISTERED PROFESSIONAL ` LAND SURVEYOR CflGON dt)`=h, Stl0 MjCHAEL.X Rt. DANREENS fic652 _ --RENEwAI OATE:2 3 f. yo2 3, 4856-0015-4165mQ EASEMENT Tax Map & Lot Numbers 17-03-15-40 Tax Lots 3300,I& 3500 LL(on the date of execution) -• THIS INDENTURE MADE and entered into this!day of 'VOU61n OY✓ , 2021 by and between THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS. a Utah corporation sole , hereinafter referred to as the Grantor(s), and the CITY OF SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as Grantee. WITNESSETH: In Consideration of the acceptance by the Grantee, and for Grantee's use or holding of said easement for present or future public use, Grantor(s) hereby grants, bargains, sells and conveys unto the said Grantee, a perpetual easement variable feet in width, together with the right to go upon said easement area hereinafter described in Exhibit "A" for the purpose of constructing, reconstructing, maintaining and using a CONCRETE MULTI -USE SIDEWALK , which may hereafter be installed on the following described property, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE TO HAVE AND TO HOLD said easement unto said Grantee and Grantee's heirs, successors and assigns forever. THE CONSIDERATION for this conveyance is none. IN WITNESS WHEREOF, the Grantor(s) above named have hereunto set their hands and seals on Dv2"ar 7 � �202.7, SIGNATURE: PRINT NAME: Craig E. Weldmer STATE OF UTAH ) :as COUNTY OF SALT LAKE ) Authorized Aaent (TITLE) The Church of Jesus Christ of Latter -Day Saints. a Utah corporation sole (COMPANY) On this 0- day of /U 6JLi7hbLr , 2022, personally appeared before me CRAIG E. WEIDMER personally known to me to be an Authorized Agent of THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, who acknowledged before me that he signed the foregoing instrument as Authorized Agent for said Corporation, and that said instrument is the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said Corporation and that said Corporation executed the same. WITNESS my hand and official seal. LORIGUERRERO NOTARY WRI6 ST7E CPI7fAN MYCOMn" nE f 7/233 A'ry u lic for the State of Utah THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby accepted CITY OF SPRINGFIELD 0 Springfield Engineering/Surveying AFTER RECORDING RETURN TO: ATTN: SURVEYING CITY OF SPRINGFIELD DEVELOPMENT & PUBLIC WORKS DEPT 225 FIFTH ST. SPRINGFIELD, OREGON 97477 Date EXHIBIT "A" Legal Description Public Variable Width Concrete Multi -Use Sidewalk Easement A strip of land of varying width tying in the Southeast Quarter of Section 15, Township 17 South, Range 3 West of the Willamette Meridian, in Springfield, Lane County, Oregon, said strip being a portion of Parcel 1 of LAND PARTITION PLAT NO. - P as platted and recorded , 20 Reception No. 20 Lane County Deeds and Records, in Lane County, Oregon, and being more particularly described as follows: Beginning at a point on the North line of that variable width sidewalk easement recorded September 24, 2008, Reception No. 2008-053695, Lane County Deeds and Records, said Point of Beginning being North 0° 00' 58" West, 7.99 feet and South 88° 34' 55" West, 57.53 feet from the Southwest corner of Lot 5, LIBERTY PROFESSIONAL CENTER, as platted and recorded October 25, 2007, Reception No. 2007-072835, Lane County Deeds and Records, and running thence along the North line of said variable width sidewalk easement the following two (2) courses: 1) South 880 34' 55" West, 81.86 feet; thence 2) North 890 47'00" West, 145.14 feet; thence along the North line of that variable width sidewalk easement recorded January 16, 2009, Reception No. 2009-002197, Lane County Deeds and Records, North 890 47' 00" West, 337.20 feet; thence along the arc of a non -tangent curve to the left, having a radius of 499.00 feet, the chord of which bears North 860 34' 40" East, 60.12 feet, a distance of 60.15 feet; thence along the arc of a 1851.00 foot radius curve to the right, the chord of which bears North 890 58' 48" East, 441.90 feet, a distance of 442.95 feet; thence along the arc of a 499.00 foot radius curve to the left, the chord of which bears South 860 44' 51" East, 62.37 feet, a distance of 62.41 feet to the Point of Beginning, in Springfield, Lane County, Oregon. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON July 11 , 11000 MICHAEL R. DAHRENS 60052