HomeMy WebLinkAboutDeed APPLICANT 12/14/2022Lane 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.
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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
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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
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