Loading...
HomeMy WebLinkAboutDeed APPLICANT 12/30/2022CASCADE ESCROW ATTN: MELISSA MITCHELL 811 WILLAMETTE STREET EUGENE, OR 97401 PRELIMINARY TITLE REPORT 2NU SUPPLEMENTAL July 8, 2015 Report No: 0288999 Your No: EU15-0601 Seller: ON THE NAY, INC. Buyer: GORRECHT DOLLAR PRELIMINARY REPORT FOR: Owner's Standard Policy Commercial Extended Loan Policy (SIMUL) PREMIUMS: Owner's Standard Premium Commercial Extended Loan Premium (SIMUL) OTIRO Endorsement Gov. Lien/Inspect Fee *0288999* $490,000.00 $633,500.00 $1,330.00 $709.00 $100.00 $35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of CHICAGO TITLE INSJRANCE COMPANY, in the usual form insuring the title to the land described as follows: Vestee: ( A T T A C H E D) ON THE WAY, INC. an Oregon corporation Estate: FEE SIMPLE DATED AS OF: JUNE 24, 2015 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPT -IONS (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 net 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. No liability is assumed hereunder until policy has been issued andfull policypremium has been paid MAIN OFFICE FLORENCE OFFICE 811 WILLAMETTE ST. • EUGENE, OREGON 97401 715 HWY 101 + FLORENCE, OREGON 97439 PH: (541) 687-2233 • FAX: (541)485-030/ PH: (541) 997-8017 + FAX: (541)997-8246 E-MAIL: INFO@CASCADF.TITLE.COM E-MAIL: FLORENCE@9SO?A,EE U1 -h E1Nft: OCT 14 2015 Order No. 0288999 Page 2 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Taxes for the fiscal year 2015-2016, a lien not yet payable. 7. Taxes, Account No. 0333060, Assessor's Map No. 17 03 36 4 2, },2500, Code 19-99, 2014-2015, in the amount of $3,540.79, DUE PLUS INTEREST. 8. Power line Easement, including the terms and provisions thereof, granted to Mountain States Power Company, a Delaware corporation, by instrument recorded January 25, 1947, in Book 340, Page 288, Lane County Oregon Deed Records. 9. Reservation of any existing utility easements to the City of Springfield, in street vacations recorded April 27, 1961, Reception No. 30318, and re-recorded July 7, 1966, Reception No. 53197, Lane County Oregon Deed Records. 10. Slope easement to the State of Oregon and storm sewer easement to the City of Springfield in instrument recorded August 17, 1966, Reception Mo. 57909, Lane county Oregon Deed Records. 11. Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, in Lane County, Oregon, by instrument recorded June 02, 1966, Reception No. 49409, Lane County Oregon Deed Records. 12. Agreement, including the terms and provisions thereof, recorded October 24, 1984, Reception No. 8441492, Lane County Official Records. 13. Deed of Trust, including tae terms and provisions thereof, executed by On The way, Inc., an Oregon corporation, to Cascade Escrow, Trustee, for the benefit of SELCO Community Credit Union, Beneficiary, dated August 24, 2005, recorded August 25, 2005, Reception No. 2005-066600, Lane County Deeds and Records, to secure payment of a note for $250,000.00. 14. Assignment of rents due or to become due and accruing from said property, including the terms and provisions thereof, from On The way, Inc., an Oregon corporation, to SELCO Community Credit Union, dated August 24, 2005, recorded August 25, 2005, Reception No. 2005-066601, Lane County Deeds and Records. 15. Financing Statement recorded August 25, 2005, Reception No. 2005-066602, Lane County Deeds and Records, lists On The Way, Inc., as Cebtor, and SELCO Community Credit Union, as Creditor, with security information obtainable from creditor. 16. Shared Parking Agreement, including the terms and provisions thereof, between On The way Inc., and Springfield Fraternal Order of Eagles, recorded January 27, 2006, Reception No. 2006-036256, Lane Coun�y Deeds and Records. Date Receiver,;: OCT 14 2015 Orimnai Submittal �..__. Order No. 0288999 Page 3 17. Ordinance No. 6210 approving the Springfield Downtown Urban Renewal Plan and Report, including the terms and provisions thereof, recorded December 7, 2007, Reception No. 2007-081042, Lane County Deeds and Records. 18. A certified copy of the Board of Directors' Resolution authorizing and directing the sale or mortgage of the subject property, should be provided prior to closing. (On The Way, Inc.) 19. A copy of the Articles of Organization and/or Operating Agreement of Gobrecht Dollar LLC, should be furnished to Cascade Title Company for the purpose of ascertaining members authorized to execute on behal' of the Limited Liability Company. 20. In lieu of the signatures of all the members and/or managers, we will require a Consent Resolution by all of the members and managers of Gobrecht Dollar LLC, consenting to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to sign for said limited liability company to be provided prior to closing. 21. Prior to writing an ALTA MORTGAGEE'S policy, Cascade Title Company should be furnished with a statement as to parties in possession and as to any construction, alterations or repairs to the premises within the last 75 days. We also request that we be notified in the event that any funds are to be used for construction, alterations or repairs. Exception may be taken to such matters as may be shown thereby. 22. An accurate survey of these premises showing boundary lines, and location of improvements and easements, should be furnished for our file prior to our writing an ALTA Mortgagee's Policy. Exception may be taken to such matters as may be shown thereby. NOTE: The property address as shown on the Assessor's Roil is: 2014 s 2020 Main Street Springfield, OR 97477 120 21s1: Street Springfield, OR 97477 NOTE: A judgment search has been made on the above named Vestee(a), and we find NONE except as set forth above. NOTE: As of the date hereof, there are no matters against GOBRECHT DOLLAR LLC, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: The proposed _nsured is North Cascades Bank. NOTE: This report is being Supplemented to update the policy and premium amounts, escrow officer, and show exception no. 6. 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 natters shall be arbitrated at the option of either the Company or rhe Insured as the exclusive remedy of the parties. Diad-? Received: OCT 14 2015 Originai Submittal � Order No. 0288999 Page 4 This report is preliminary to the issuance of a policy of title insurance and shall hecome null and void unless a policy is issued and the full premium paid. Cascade Title Co. mh: Title Officer: KURT BEATY Cc: WAIKER FAMILY DEVELOPMENT INC. & REAL ESTATE SERVICES ATTN: COREY WALKER EMAIL: WALKERFAMILYRE@YAHOO.COM Cc: BARNHART ASSOCIATES REAL ESTATE ATTN: DAVID HOLLAND EMAIL: DAVIDH@BARNHARTASSOCIATES.COM Cc: NORTH CASCADES BANK EMAIL: JASON,UNDERWOOD@NORTHCASCADESBANK.COM EMAIL: AUDREY.FO%@NORTHCASCADESBANK.COM Q24@ Received: OCT 14 2015 Original Submittal_ ` ,-1 Order No. 0288999 Page 5 PROPERTY DESCRIPTION Lot 1, Black A, NICHOLAS GARDENS, as platted and recorded in Book 11, Page i, Lane County Oregon Plat Records, in Lane County, Oregon. ALSO: Beginning at the Southwest corner of Lot C in Block A in said NICHOLAS GARDENS, said Southwest corner of Lot C also being the Southwest corner of the original plat of NICHOLAS GARDENS; run thence North 0° 06' West along the West line of Lot C, 122.0 feet to the Southwest corner of said Lot 1, Block A; thence South 89' 53' East along the South line of said Lot 1, 86.5 feet; thence Northeasterly along said Lot 1, 70.0 feet to a point 40.0 feet South 0° 06' East of the Northeast corner of said Lot 1, Block A; thence South 89° 53' East 33.5 feet; thence South 21_° 57' East along the West line of County Road as described in Book 256, Page 216, Lane County Oregon Deed Records, in Lane County, Oregon, 98.1 feet; thence South 0° 06' East 84.0 feet to the South line of said Lot C; thence North 89° 53' West along the said South line of Lot C, 201.0 feet to the point of beginning, in Springfield, Lane County, Oregon. TOGETHER With that portion of vacated 21st Street itering to said lot by Ordinance No. 2137, recorded July 07, 1966, Reception No. 53197, Lane County Oregon Deed Records: Beginning at the angle point in the East line of Lot 1, Block A, of the NICHOLAS GARDENS PLAT; thence North O° 06' West, along the East line of the said Lot 1, 40.0 feet to the Northeast corner thereof; thence South 34' 14' 30" East 48.54 feet to a point on the North line of Lot C; and thence North 89° 53' West, parallel to the North line of Main Street, 27.5 feet to tte point of beginning, in Lane County, Oregon. Da'�c OCT 14 2015 Cr gj,-�ai SuL-;r 7i:a _ CASCADE TITLE CO. MAP NO. 17-03-3642 O?c $1001 s 2100 --—- VO _ is 2500 As�-,. "3 VACP l P 901`\\a�27Q ff\\ 2200 2300 :2400 24 1�1 1.38 AC ___ W �`J - � $-I- c i a 24 aes• ..sr �o es ua• m ®� q$�°b �f.5fff ffffff jfffI gf ciff{!>/��f���>'>✓�dds>'�f�,.>�f�ddBj I� 1 ' 4 21 �s 6,6 : 9: 4300 7� 6 410 a 3 M i 2 7 s §9 49p9 , a w 0900 80 700 w ;oma W 410 o m W '^ a u• i L 00' i i i i • I U) AC: i i i 5300 ; i 540b ; ; ; VJ 556 10� 11' 12 e5 ' 4� 15� ' N 10' 76 17 18 , ` THIS MAP IS TO ASSIST LOCATING PROPERTY. DuLL' RCG?,i1:q ..: CASCADE TITLE CO. ASSUMES NO LIABILITY FOR INACCURACIE 4 2055 0 Ed.�6{BNT FOR HIGBT-0F.WpY Cor and in rmsido WN, n4 the x"m of One DWI., @I W), ,r iNt n3:e:v.n1 is T_,, nvl.nm.l- ,.dged, a :vyAtsf-v is Ler6, gr.,,j to lf.v L'dn 56en Powe.Campy:y. a DWl ..nva rine nw ;nm+av and nc wi ' b"'n' mifh IN fight I. mn;r :md m60.in nn dnBtnc pm rr Im 1.-0epL.n:r .•v :,rrivl rnbl�� li :n unndSfinN of fn.,.4nllvminp: ..............._ ._........_.. _ .. ... ........... .__....__. nn'nun, n:•sn:u��ni:,w and fisen,�a n::�r:•mr_xnd m . iati.a :. trar nn:Lx nr rrax IM1nt..a,.>� .rf�.r Il:r ::mtrn:..tio:. : n rm 1npnra Y���� nr vnld vlri:b9:. nmrcr, talrpLnna ::, nLlr liu.. I vnv�n hil I �rtaperl� ml.:Oeingi'.„ ..._.. Nl eb.,;.l.ttsj.. D t nit: 1,:m1 0.., G:. a:nm. "t m, .It : wmr. r,: r cn:nl,n tr. ..d a ��A,11 ata r u„ ,.I, r: :.w:.. w�.. :. mid iNi�r:ar..r.y ,.�d 11'. n;rm Ibr u:r om nn:A ale x Ilct "I'dm:onb:i 9mtas m r Cnm- rv. ":b' :via dull b. LNiI n.Pa: rll�'��, n•:. r ibnn.a: vlrim m:y b. „on: n:M1�tL.. ln..... vLn.. dreeriArd. 15'lT RlS !a..... I 1...:..... !u:A —.1 S _.... I . 24._...._...,. AN, nl A. amaze R'.ac2Ivec: OCT 14 2015 (:r:nlr.:1 Ruhmri2l M1” �`�`NPSi;i oeF� Ed.�6{BNT FOR HIGBT-0F.WpY Cor and in rmsido WN, n4 the x"m of One DWI., @I W), ,r iNt n3:e:v.n1 is T_,, nvl.nm.l- ,.dged, a :vyAtsf-v is Ler6, gr.,,j to lf.v L'dn 56en Powe.Campy:y. a DWl ..nva rine nw ;nm+av and nc wi ' b"'n' mifh IN fight I. mn;r :md m60.in nn dnBtnc pm rr Im 1.-0epL.n:r .•v :,rrivl rnbl�� li :n unndSfinN of fn.,.4nllvminp: ..............._ ._........_.. _ .. ... ........... .__....__. nn'nun, n:•sn:u��ni:,w and fisen,�a n::�r:•mr_xnd m . iati.a :. trar nn:Lx nr rrax IM1nt..a,.>� .rf�.r Il:r ::mtrn:..tio:. : n rm 1npnra Y���� nr vnld vlri:b9:. nmrcr, talrpLnna ::, nLlr liu.. I vnv�n hil I �rtaperl� ml.:Oeingi'.„ ..._.. Nl eb.,;.l.ttsj.. D t nit: 1,:m1 0.., G:. a:nm. "t m, .It : wmr. r,: r cn:nl,n tr. ..d a ��A,11 ata r u„ ,.I, r: :.w:.. w�.. :. mid iNi�r:ar..r.y ,.�d 11'. n;rm Ibr u:r om nn:A ale x Ilct "I'dm:onb:i 9mtas m r Cnm- rv. ":b' :via dull b. LNiI n.Pa: rll�'��, n•:. r ibnn.a: vlrim m:y b. „on: n:M1�tL.. ln..... vLn.. dreeriArd. 15'lT RlS !a..... I 1...:..... !u:A —.1 S _.... I . 24._...._...,. AN, nl A. amaze R'.ac2Ivec: OCT 14 2015 (:r:nlr.:1 Ruhmri2l M1” OCT 14 2015 r.,,ninal SuumiHal 8. ..aft NYSi�lfil tial 0O Vmffmdz- sad iPtA7ta[. 42 �ri�a�lft •_ Xte `iE r .sDttS!gs. D►Id.e PODTid, eo aaa U V:7 v Wit$ .. on.�uttnta aed:oDgapt�d t• aid d Le. Mltti�_Dao"Won .6tntp(tty'lyltd..x'6:50?i �'�� to tWMt's..ftiat aid .naagtto:yDotit¢ falu'.yf yesd tasoo ypyitry W sDf' gist'faipu atilt �o,�fY. tivt Of�e¢ Caiman a! t!� 4�Y4 �.SP!i! - pwwyMang 1 .... r W tEfrw)Z,tMdtt'ir eLy tDtt:lYitt ti! t z :a. xllel I tW Itl►ifN iwrr....:t,..�v-c�� . � y? mf � tof tumae Chi'CI � b! ti s II.' mt' tW sn Sf lnd atrwIt v. ate, seyiti' D 'w rtiCC.".-vc6: OCT 14 2015 Gr;y;oai Su'ama2al____ih thi ' 7d( IYIIWUi E N0.eIIU. 1. G1111am E Meaeell, XeW-rai TraaL fields Urogon hgb¢}ry.;;certify that th E roeoin ... _.,«vncaa oatoelL. , ::Aji7�ZY61...`•�•—•�—, — F> !y�M' City of $priajfial Da'LO Received: OCT 14 2015 Gr;ginaf Submittal____r�t___ Date Received: OCT 14 2015 Gricginai Submittal. +nsa INnLIVTURE :=11 mad mnni:cipal corporation, in Lnne County -LOie a yLL2'O as the Gxsntee, _ Son 4are£na€teY=iii :w That .the Grancorsfar and. in a, one dollar tq bond paid, do hereby grant, bargains aell'attd:-convedollar . tq a Perpetual easement . 14 feet`iri ted and, together with to go upon said easement area hereinafter described for the-, const uctia&,. reconstructing, maintaining and using,a-sanital which\may hOrea£tor be installedon the following described, to -crit : Beginning at the Norihrast corner of Lot 1, Hock A in the Plat of..Nlcale as ...,dad in V.I. it, page .I, Lane Co.;,,, Oregon.1ilat Becordsi thence - 14.0 feet along the at line of said Lee I to a poi nt; thence S. 89°'S3' feet Pe1a11e1 to the north It. of :aid It tsto the 6aie line of ealL'L'a e Vest Bight of Way line of 21st street; thence N. 0° 061.V. 14 faab dddg. G of Way line to the Northeast corner of -Lot 1; then. N. 89' 53' W, 130.0 therth-line of Let 1, to the Point of Beginning, all i4 the City of, Sp Lane County, Oregon. TO HAVE AND TO EOL➢"the above easement,-to-tbe-sglitGs-ontee� ; and assigns Yorever. °_ _ INADB2T35RJ�'CHEBgypr Tpe,,Grantors do hsrebygipa add grgdY'-fai 'y City Of Springfield, a construction. easement of- 16..,Eaue 1A elmg and abutting the SE z.If side and for .the 30' ft. of .the afnreneentioned and 'described e Purpose of giving a work area Lorin thepcornaetual. ease—� S of"s as Raver within the perpetual easement, +TO HAVE AND. TO HOLD said construction easement ulito`Che�6aldi _. Springfield and to Sts successors and e4aigns, during _tb-'-is -n of the sanitary sewer. Upon the consrruetpon. of the ssitiCary Its acceptance far use, the construction essement'ifeteiit;'1l3mei become void. - INWITNESS WHEREOFthe Or toxo abve name p ' hands And seals this 2� day of - ylgeI p.> ei1 STATE -OF ORECOH County of LONG) ss BE IT REMEDR before.=.,. 5 OCT 1 4 2015 OCT 7-WMAR. the OPTLugald Cooacil{regfaoill to 0-4 SO "oe" Wet"m Pon Property 1. the "4:1 teppe V3iRM- ren U In the beat Cot � Ato,�=fi P.-grehe -fer. MMMS. I-Wftl aotire of the proposed-Prepesty ti eed posted, and 10003, ft. Springfield City Council ret City ilaU 69 W6-47. Joer '13. 1965, at 4he pwpoav�d �erty �tLoo� end_no Veto of. . ..... Ime Tmg@ , no Spria, -M City CQoorll d rd.ft.i Oteft erjS The Creeell fief, that . j X 1"Velly vublL.h.d eed posted; net .6 66J . A IMp, nede to VOCAftem at the hes Springfield or Lamo C000ry refet; nor t6 epb7.lo{ptorest Pill Sn ti' lovalred by the prq to the bt totereet, .1 me pohlit w loom"- t of involved. fle.tl:. 2: The folla.1n, doortnrd alie Property is no dit doctored -W be .red; Y. 21.t abm7t m Seer Mae froo, mme. 56 h no aeon lZj'e pj"'r'4-- Uncles alrdems. ae slatted red .rn m t o x V, peret b."s u1.0, feet amth 89- ss, 'i - corner of the Out Alre Of the Coility'ladd oiKd Da"G Received: OCT 14 2M cr;gmaiSubail""al �6e Otdlifieae se: 2137 .;1*0 of flat Strut ap So 1 taeeta 9owm 34" 14 30 But 43.54 Ud b?a point.�ai tbg3Wdet6 l as :.�i41iy �, . of lot C.t and tk#ate Rntli 690 51 gaai pass11'ei Ee ;n P?rm}1 3 z 1. Al Wainv evt 27 5'feat to the Pofat eY Btl4imfna ^ .- B public Utility wemnnt shall be retainag:by the CICy `rsotpifWd aver the Pollowiag dwribed Asea p B.agimlag At the oorthaeat meear of lot 1 Blook A of that o14 Goodwill+�. gasdaPIBC wae C issdad SS Vol 11 ps$e'li i3ne Qeoo�ykPi g4'e, late ty. Orrgoa, thane eeotb Ob 06 Beet slang ebe an bf i Said tot 1, 14.0 feet, tkenee Booth 890 530 Best; 9,644a. thedoe 'Wntth 240 W .30'- Wast at 16.99 feat, to eb0_PoEOt of bag Bpringfteld. Lana Comity. OCagan. ✓ In eddicim ithmeoeo. e- coaetavetiw wane. of 16 feet si th al _ and Abutttag she BeenaiEa oP tha abev6 desesibed yatpEtoaUapaemwt .hall be rataiaed by the City of aptiogfleld-for tba puxp>ea n; giofog 3 W', a work area dosing the conateattlm of a aanitasy eod'a stexid. sager withttl the perpneed, owenent, mid emtieaiio8 wwAalabasaldd — woo complatim aed-attep[anna of the said atom and. Suit", emrs .saeHev 3; Ie L a'foeehar ooedtefon of 'e4fa vatntim tient mthing emteinad Ii, thie ardbi nee Abell cavae ar requite the.moan,-er the 'Y F abaodemmt if =7 .ever. vntaz mia gas omla,-eosdoft =,de(3cs of fatneed for any Public ..+vice invt by mewl agraomt bbvtWh the .,'it agaacy holdtog soch right a" the Peapnt, waits in vhm tba;tltteute vacated Property .ball test. eactLw 4s The City Beeocder fa diraeeed te�i1'BR .sP.t639 d g„y}ek iha�lnve Coney, Clark. lane Cwaty Aaafabst�,r8bd� FE ..... ltae Ceastg-8weveyae. t yt Sactioo 5; no Conch dniarse clue it fa note on fenabe Pybtte' p valtote AOA interact that tbis nannies teka effect i�eEia bl'y off 1{e _is'�"� wsaga and that m ®esg®ty to debiared to eriac end floc tbtti .. oe J - by__,� .. by'Eb'b. mAYus: ._... :._.. nsy Passed by the Cm017 And eyprowed by the.Wayx et Cha-CfCy-af'6�rt y'M. field this 2316 447 of Jana. 1966.. J b.B 1Jcc11ay. APPJOtt Cm HALL I goidEK- t o Willim E. ilsveell' City vanover S T+ DWO Received: OCT 14 266 Criginai Submittal Date Received: OCT 1 § 2015 Criginai Submittal. ri' - ..'mw•+ ` HLCHMRY COam,P6PMIT s d1 K .. t9ch Streat, Jlee Street Section ... ." . HCKanzIB.Sigbmay """ln 'corisj'�eie fon'ro'�"-tAEeb"iftv"dYg@Ey �y�.adyeLp"n and the Ste to of Oregan, by and through Its O 1, r . dataa State Mfghwaq cusaal.. 6mlnd cH q$$ 'of SpringField• a municipal, eOrp.rat led, Wit fa hereby agreed that the '0r¢g6d c Comml4 elan• it. Bg¢nt9, empiayaee, antl o--t'--tor. u_ ReMC�ege�l[ .1 enter . -P.. tM14 teal p pax [y by the e.d.l.ig.nd as dercribed 1. &U,4 _ Lehi County.0eed Record e distance not to estate F1Te (5)+ - feet pe re iLel to the existing right of y!pf HCKenate Highway, to finish oto - L A¢ Qoi glpok MASAMlm Aaidste, da�q./>'frY Pes� e9 t, d ddlil.u.1, none feet pravida emrm drains, fecilltlee -.1-11 the eflid highway, andfusher• is I. hdrab,� that the City of Sprfng field, itc ¢gen employee¢ and cout iee[arB•�ney:enter upon real property after construe ti on I- --Intel. said .t m erefnaga feet lttlet; psavidi 1. The slopes will be finished in prinoinlikame.n er ah'•'6f 11 no["escee steepness evo (P) feet -bawl zontaF Eo-2'na (11 foot weatitel-,-__.` 2. E.I. ting dag.... the. vi tl be a s[cted. vhard di.[urb¢d,mT.iodj With .aibeehad aket-h may and lettertltm ms City or spriagaald.. ]. Any neteatery me intenence of any et..a-draft.,. facilities '1nc Lulling::E b..insinatelled on grantor's properly for the purpose of removal. of., rmay be den. by the Ci[y of S,riAkl.Cd. no Stere H,,h,y-Cnmm1l will not be responsible for said operation or maintenance. --. 4. Shrubs or other improvements within the elope area ill be paid for -es '_Fane-' .mm 5. Other T of the work, antl any poy-ante to be made- hereunder, tba,ura fully release [M1e State Highvey Camot aai.e from any further ay i -Pt -u .... I covered herein., - - STATS OP DRB,CApN teener W.... say that An. UCl"1 4 2015 0r;ginai S u b m ttal_ f ttisd;, UCl"1 4 2015 0r;ginai S u b m ttal_ f Ceig;ral somiaal 4 _- CITY OF'SPRINGFIELD`,''a munacapaY coxpexat . herelnaEfer referred; to as City` SN `CONSIDE iwN for the "receipt of , the 'is ... nce"of an occupancy�peritiG+£oi�tfi ontheproperty more partia6larlydeacritie Exhibit "A," attached hereto and'-ihcorpb/ra rnner agree. as Eo llova! - 1. At the time that that'-pdrtion'oP to the south of the real property mora spa: set forth in Exhibit "A" is improved-,'o.ne landscaping more particularly descri'4d,, "B," attached hereto and incorporated here 2. At the time that that portion of to the East of the real property more. part set forth in Exhibit "A" is improved ribyPA landscaping more particularly descrbedh'a "B," attached hereto and incorporated.Aere 3. It in the intention of the pArEie menta and covenants herein containcd:by:-s, the land her^in described, .and sh ll be S e.:... ihora, 4ors, ndmipiak eryfor d a -hers to, and shall be conatruedb to be a ber Aannn MENT -�1 - _. r.. ._. f iJuie Yw.L"YQ-1 0Q': OCT 1 4 2015 Odglnai Submittal—TP- i�4te �cce�v�c. OCT 14 20115 `'-- Calle Received: OCT 1 4 2615 CrQinai Subinffal_ GCT 14 2515 Cris icat Su;:rivai� GC i 1 4 2315 cwemy ,.orpor8[1on so set iia our NdE :. ;- resentativa. —agent andspok_`eeparsonEq: sig' all legal, normal ind foreign do - authorized by the Constitution and JCh this Church. This authority; includss! to, the .signing of checks,;::opaning,an both, cheeking.-and savings.:accounta.' j:. - corporation papers or documents Nati Respectfully, -' Jeanette D. Stinson, precutive Secretary, . Board of Dirac ors I. Tbv. 7111,Mn Seith'.;do:har¢Dy aoc: end- duties:, thatare listed:=above and= Honestly carry, out thoae reepon abill the;best of ry�gb1 and�grifyii Dace RLceived: OCT 1 4 2015 Originai Submi_ra! jV� D aie Rccelvec: OCT 1 4 2015 Crlginal Subm al_Tig—�1 After Recording Return To: Planning Department City of Springfield 225 Fifth Street Springfield, OR 97477 Send All Tax Statements To: Springfield Eagles Lodge PO Box 656 Springfield, OR 97477 Division of Chief Deputy Clerk Lane County Deeds and Records 200640629 $46.00 00776670200600062960050037 0106 01:10:38 P RPR-RGRE Cnt=1 6tn=1 CRSHIER it IER 04 625.00 $10.00 811.00 SHARED PARKING AGREEMENT PARTIES: On The Way Inc. Owner of the real property more particularly An Oregon not for profit corporation described and set forth in Exhibit A. hereinafter "On The Way'. Springfield Fraternal Order of Eagles Owner of the real property more particularly An Oregon Fraternal Organization described and set forth in Exhibit B. hereinafter "Eagles Lodge". RECITALS: A. On The Way Inc., as Applicant, has applied for change of use approval to allow for e former antique store to be used as a church under City of Springfield Journal No. DRC2005-00079. B. Eagles Lodge has a developed property with parking lot immediately to the west of the site owned by On The Way, C. The City of Springfield has issued a Tentative Site Plan Approval, with conditions in response to On The Way's site plan submission. Condition #1 of the City of Springfield's Tentative Site Plan Approval for On The Way requires the Applicant to provide additional parking in accordance with Section 18.070(8) of the Springfield Development Code. Where parking cannot be accommodated on the site, the City may allow parking provided via shared parking agreements. D. The following described shared parking agreement appertains to and serves the Eagles Lodge site and building and the On The Way site and building. THIS SHARED PARKING AGREEMENT IS MADE UNDER THE FOLLOWING TERMS: General: On The Way and Eagles Lodge create this shared parking agreement. This agreement and obligations created hereunder shall run with the land and burden and benefit all existing and subsequent owners of the properties described in Exhibits A aB, their N21'e Received: SHARED PARKING AGREEMENT Page -1- OCT 14 2015 Grigirral Submittaf�"� representatives, heirs, successors, assigns in perpetuity. Future owners shall be bound by all terms of these agreements. However, this agreement may be amended from time to time upon unanimous agreement of the property owners and the City of Springfield and recording such amendment in Lane County Oregon Deed Records; or, terminated by the City of Springfield if the City, in Its discretion, determines such shared parking is no longer needed and in such event the City shall record Notice of its termination in Lane County Oregon Deed Records. 2. Shared Parking: The Eagles Lodge and On The Way sites are designated as Community Commercial uses. Non-exclusive use of and access to the common parking lots is hereby granted to all users, owners, permittees, employees and invitees of Eagles Lodge and On The Way subject to the following conditions: a. Eagles Lodge will provide a minimum of 10 parking spaces that will be made available to On The Way subject to the terms of this agreement; b. On The Way will provide a minimum of 10 parking spaces that will be made available to Eagles Lodge subject to the terms of this agreement; C. On The Way may use the parking on the Eagles Lodge property to the extent that such parking is available, and does not, or will not result in inadequate parking available to Eagles Lodge; d. Eagles Lodge may use the parking on the On The Way property to the extent that such parking is available, and does not, or will not result in inadequate parking available to On The Way; e. Eagles Lodge and On The Way shall work together to coordinate events in order to effect the terms of this shared parking. In the event the coordination of a particular date cannot be obtained, Eagles Lodge and On The Way shall utilize other measures to provide adequate parking. Such measures may include but not be limited to public transportation, ride sharing, and exploration of other parking options such as shared packing with Paramount Center. 4. Indemnification and Liability Insurance: Each property owner agrees to indemnify and hold the other parcel owner harmless from any and all liability arising out of any act or omission with regard to the maintenance and use of the shared parking lot and appurtenances thereto caused by said property owner or owner employees, tenants, invitees, patrons, or permittees. Each parcel owner shall procure at its own expense a policy of liability insurance protecting parcel owners from any claims or liabilities arising out of maintenance and use of the common parking and their appurtenant structures. Such policies shall provide coverage in a commercially reasonable amount as agreed upon by the parcel owners from time to time. In no event may the coverage be less than 1 million dollars, single limit. 5. Disputes This agreement may be enforced by any of the property owners or by the City of Springfield by any remedy available at law and equity. The property owner shall be entitled to recover monetary damage they sustain as a result of violation of the agreement in addition to the equitable relief for such violation. Dale e Received: SHARED PARKING AGREEMENT Page -2- OCT 14 2015 Gdginai Submittal ' %rn Any dispute among the property owners conceming or related to this agreement or obligation created hereunder, shall be settled in arbitration before a single arbitrator using the rules of Commercial Arbitration of The American Arbitration Association or in accordance with ORS 36.300 at. seq. (1997) or any similar successor statute, whichever process is selected by the party initiating the arbitration. Arbitration shall occur in Lane County Oregon. A party substantially prevailing in the arbitration shall also be entitled to recover such amounts for its costs and attorney fees incurred in connection with the arbitration, which shall be determined by the arbitrator. The arbitrators award may be entered into any court having jurisdiction. Nothing herein has or shall prevent a parcel owner from a resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate. Springfield Eagles Lodge STATE OF OREGON } ss. County of Lane ) sonally appeared , who stated that he/she is the of Spriegfield Eagles Lodge and acknowledged the foregoing to be his! r voluntary act and deed this 23 day of 1 4411 , 2b0. _ O 200b OFFICIAL SEAL I:"IA SANTiApp W'SSIO AC- OREGON 0. � i631oNE1(pI EsdUN,z Notary Public for Oregon: d oor My Commission Expires: U On The Way, Inc STATE OF OREGON) )Ss. County of Lane ) // // �Personajly appeared L-Ofh4rilP_ %Y%• 4/45 who stated that he/she is the FtStar'vff of On The Way, Inc and acknowledged the foregoing instrument to be his/her voluntary act and deed thisiR�L day of LtA.E" , 2000.6 Notary Public for Oregon: OFFICIAL SEAL y Commission Expires: O MARIA L SANTIAGO 1 NOTARY PUBLIC -OREGON COMMISSION NO. 358313 My COMMISSION EXPIRES E& Rafe Rcceived: SHARED PARKING AGREEMENT Page -3- OCT 1 tI 2015 Originai Submittal_Yll' EXHIBIT A m zsoo � .�nl r•� ]�r.a V' t II On The Way Inc.C C i I Ike (° °�r �; B _ c MCKENZIE HI'G IW.W Ial ,I•T� II I'. I''. f I F Property Description Lot 1, Block A. NICHOLAS GARDENS, as platted and recorded in Volume 11, Page 1, Lane County Oregon Plat Records, in Lane County, Oregon; ALSO beginning at the Southwest comer of Lot C in Block A in said NICHOLAS GARDENS, said Southwest Corner of Lot C also being the Southwest comer of the original plat of Nicholas Gardens, run thence North 00 06' West along the West line of Lot C, 122.0 feel to the Southwest comer of said Lot 1, Black A, thence South 89° 53' East along the South line of said Lot 1, 86.5 feet, thence Northeasterly along said Lot 1, 70.0 feet to a point 40.0 feet South 00 06' East of the Northeast Comer of said Lot 1, Block A, thence South 89° 53' East 33.5 feet; thence South 210 57' East along the West line of County Road as described in Volume 258, Page 216, Lane County Oregon Deed Records, in Lane County, Oregon, 98.1 feet; thence South 0.06' East 84.0 feet to the South line of said Lot C, thence North 890 53' West along the Bald South line of Lot C, 2010.feet to the point of beginning, in Springfield, Lane County, Oregon. TOGETHER with that portion of vacated 21" Street inuring to said lot by Ordinance #2137, recorded July 7, 1966, Reception No. $3197, Official Records of Lane County, Oregon; Beginning at the angle point in the East line of Lot 1, Black A, of the Nicholas Gardens Plat; thence North 00 06' West, along the East line of the said Lot 1, 40.0 feet to the Northeast comer thereof; thence South 340 14' 30" East 48.54 feet to a point on the North line of Lot C; and thence North 8F 53' West, parallel to the North line of Main Street, 27.5 feet to the Point of Beginning. `u`ki@ Received: SHARED PARKING AGREEMENT Page -4- OCT 14 2015 Cr;g�ilaf Suam"rltai_ ry'I� EXHIBIT B Property Description Easterly portion of the East one-half (%) of the West one-half (%1) of Lot 24 of the H.L 8 T.B. Stewart's Plat Number 2 of Acreage Lots as platted and recorded in Volume 3, Page 36, Lane County Oregon Plat Records, being a part of the James Ebbert Jr. Donation Land Claim Number 74, Township 17 South, Range 3 West of the Willamette Meridian and being described as follows: Beginning at a point on the North right-of-way line of Main Street, said point being 41.52 feet South 890 43'3r East of the West line of said East % of the West Y. of Lot 24, as it intersects with the North right-of-way line of Main Street; Running thence North 00 18'46" East 164.12 feet, said line running along the West face of the West wall of the Raintree Tavern; thence South 89° 43'37" East 9.775 feet; thence South 00 00'20" West 164.16 feet to the North right-of-way line of Main Street; thence along said right-of-way line North 890 43'3r West 10.655 feet to the point of beginning, in Lane County, Oregon. Date ( Ccai-ve: : SHARED PARKING AGREEMENT Page -5- OCT 14 1013 Griginal Suumittal_ �_ 3UW tVn ,OOtj itW N _ 11CO �'•�1aW N It '}f'� 1000 y V+ —sa_l A:I rimc. S - Cltx B i 1�3e� + , t iti C lata I o' x.. -r, _ _ _i•._S__McKENZtE !;_ ii(�G'� .e HI' <i e t i ''W'"•� -i '�^ w, I' o°°i i i' w I i gni �x:ii Property Description Easterly portion of the East one-half (%) of the West one-half (%1) of Lot 24 of the H.L 8 T.B. Stewart's Plat Number 2 of Acreage Lots as platted and recorded in Volume 3, Page 36, Lane County Oregon Plat Records, being a part of the James Ebbert Jr. Donation Land Claim Number 74, Township 17 South, Range 3 West of the Willamette Meridian and being described as follows: Beginning at a point on the North right-of-way line of Main Street, said point being 41.52 feet South 890 43'3r East of the West line of said East % of the West Y. of Lot 24, as it intersects with the North right-of-way line of Main Street; Running thence North 00 18'46" East 164.12 feet, said line running along the West face of the West wall of the Raintree Tavern; thence South 89° 43'37" East 9.775 feet; thence South 00 00'20" West 164.16 feet to the North right-of-way line of Main Street; thence along said right-of-way line North 890 43'3r West 10.655 feet to the point of beginning, in Lane County, Oregon. Date ( Ccai-ve: : SHARED PARKING AGREEMENT Page -5- OCT 14 1013 Griginal Suumittal_ �_ If x5fP1 V^' e,(Iv Ordinance No. 6210 (General) AN ORDINANCE APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEWAL PLAN AND REPORT; AND ADOPTING A SEVERABILTIY CLAUSE ACCOMPANIED BY THE DOWNTOWN URBAN RENEWAL PLAN AFTER RECORDING PLEASE RETURN TO: CRY OF SPRINGFIELD PUBLIC WORKS DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OREGON 87477 Division of Chief Deputy Clerk 2001.681V72 Lane County Deeds and Records $426.00 00961785200700810420830830 12/07/2007 01,49.16 M RPR-0RDN Cnt=1 Stn=T CASHIER 05 $415.00 $11.01) Dei$ RteCeive6: OCT 14 2015 original Submittal ' yl- i1k�r1 Ordinance No. 6210 (General) AN ORDINANCE APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEWAL PLAN AND REPORT; AND ADOPTING A SEVERABILTIY CLAUSE ACCOMPANIED BY THE DOWNTOWN URBAN RENEWAL PLAN Olvtslen epu of Chief Dty Clerk �n Lane County Deeds and RfecordlIs 2007461V11Z IIIIIIIIIIII'IIIIIIIIIIIIIIIIII�IIIIIIIlIIIIIII $426.00 00961785200700810420630830 12101/200101:49:16 PM RPR-ORDN CnL=1 Stn=1 CASHIER 06 $415.00 $11.00 AFTER RECORDING PLEASE RETURN TO: CITY OF SPRINGFIELD PUBLIC WORKS DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OREGON 87477 Da"t-@ Received OCT 14 2015 Original Submit�al� Ordinance No. 6210 (General) AN ORDINANCE APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEWAL PLAN AND REPORT; AND ADOPTING A SEVERABILITY CLAUSE WHEREAS, the Common Council has determined that there is need for a Downtown Urban Renewal Plan for the following reasons: 1) The existence of inadequate streets, ... rights of way, open spares, recreation facilities, and utilities (including, for example, storm water systems and sanitary sewer trunk lines and laterals); 2) the existence of buildings and structures for industrial, commercial, and residential use with problematic exterior spacing, design, and physical construction (including obsolescence, deterioration and mixed character of uses); 3) Properties and lots in irregular form, shape and dimensions limiting usefulness and development; 4) Lack of proper utilization of areas resulting in a stagnant and unproductive condition of lands potentially useful and valuable for contributing to the public health, safety, and welfare; and 5) Economic deterioration and disuse of property. WHEREAS, given the preceding information, the area within the Downtown Urban Renewal Plan boundary is blighted;. ' WHEREAS, the rehabilitation and redevelopment outlined in the Downtown Urban Renewal Plan, incorporated herein by reference, is necessary to protect the public health, safety or welfare of the municipality; WHEREAS, the 2001 Springfield Charter, Section 49, requires voter approval before the City Council can approve an Urban Renewal District Plan that includes allocating property taxes; WHEREAS, Ballot Measure 20-131 presented to the voters of the City of Springfield on _ November 6, 2007 for their approval of the question of the allocation of such taxes before the City Council approval of any Urban Renewal Plan; WHEREAS, the results of that election approved Ballot Measure 20-131 so that the City Council may comply with the provisions of Section 49 of the 2001 Springfield Charier and state law; WHEREAS, Oregon law also requires that adoption of an Urban Renewal Plan be approved by the City Council in the jurisdiction included in the Urban Renewal District; WHEREAS, the City of Springfield is a municipal corporation organized and existing under and pursuant to the laws of the State of Oregon and the 2001 Springfield Charter; WHEREAS, on December 6, 2004, the City transferred its authority to exercise the powers of the urban renewal agency to the Springfield Economic Development Agency in accordance with OAR 457.055 and all duties and obligations of the urban renewal agency within the jurisdiction of the City were thereafter assumed by the Springfield Economic Development Agency. WHEREAS, the Springfield City Council, the governing body of the municipality, Da LO ReceiveId: received the proposed Downtown Urban Renewal Plan and Report from the Springfield OCT 14 2015 Economic Development Agency, the City's urban renewal agency; WHEREAS, the Downtown Urban Renewal Plan and Report was forwarded to the goveming body of each affected taxing district and the Springfield Economic Development Agency has consulted and conferred with those taxing bodies; WHEREAS, Notice was sent out to the electors registered in Springfield and within the proposed Downtown Urban Renewal Plan area on or about November 9, 2007, that the Springfield City Council would conduct a Public Hearing on November 19, 2007, at 7:00 p.m. in the Springfield City Council Chambers of Springfield City Hall, 225 Fifth Street, Springfield, OR 97477; WHEREAS, a public hearing was conducted on November 19 and testimony received on an ordinance adopting the Downtown Urban Renewal Plan, the boundaries of which are shown on the Downtown Urban Renewal Plan map; WHEREAS, the City Council found that the Downtown Urban Renewal Plan and Report meets the content requirements for urban renewal plans as described in ORS 457.085; . WHEREAS, the maximum indebtedness that can be incurred under the proposed Downtown Urban Renewal Plan is 143,010,000; WHEREAS, the Springfield City Council determines and finds that the urban renewal plan conforms to the Eugene-Springfield-Metropolitan Area General Plan which is the comprehensive plan for the City of Springfield and which provides policy direction for . economic and land use development within the city; WHEREAS, Section 1200 of the Downtown Urban Renewal Plan specifies that SEDA will provide relocation assistance and housing for displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing persons already on priority waiting lists for existing federally subsidized housing; ' WHEREAS, if acquisition of real property is necessary, it will be provided for through later amendments to the Downtown Urban Renewal Plan as specified in Section 900(C)(1), which requires approval of property acquisitions for the purposes specified in Section 700(A) of the Plan by resolution of the Springfield Economic Development Agency and the Common Council; WHEREAS, adoption and carrying out of the urban renewal plan is economically sound and feasible based on the information included in the Report incorporated in the Plan; and WHEREAS, the City of Springfield, as the governing municipality of the Plan, assumes and shall complete any activities prescribed it by the urban renewal plan. NOW, THEREFORE, BASED ON THE FOREGOING RECITALS THE lia2e RcIVCta COMMON COUNCIL OF THE CITY OF SPRINGFIELD, ORDAINS AS - OCT ) ! 2015 FOLLOWS: Grriigina; Submfttat �_ ORDINANCE NO. 6210 SECTION 1. APPROVAL OF ORDINANCE AUTHORIZING AN URBAN RENEWAL PLAN ALLOCATING TAXES FROM DOWNTOWN PROPERTIES TO THE DOWNTOWN URBAN RENEWAL PLAN. The Common Council of the City hereby approves the Downtown Urban Renewal Plan and Report set forth in Exhibit A, allocating taxes from downtown area properties to the Downtown Urban Renewal Plan. SECTION 2: ADOPTION OF THE STAFF REPORT. The Staff Report attached hereto as Exhibit B, and the findings and determinations contained therein, are incorporated herein by reference and are hereby adopted. SECTION 3. NOTICE OF ADOPTION OF THIS ORDINANCE_ Within 4 days of the adoption of this Ordinance approving the Downtown Urban Renewal Plan, notice of this action shall be published in the Register Guard, the newspaper having the greatest circulation within the City of Springfield and published nearest to the City of Springfield. SECTION 4. ADDITIONAL AUTHORIZATIONS. The City Manager, the City Recorder, the City Finance Director, and the City Attorney, and each of them acting individually, are hereby authorized, empowered and directed, for and on behalf on the City, to carry out the purposes and intent of the Downtown Urban Renewal Plan. SECTION S. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect after its second reading and upon its adoption at a regular meeting of the Common Council of the City and approval by the Mayor. SECTION 6. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and. independent provision and that holding shall not affect the validity of the remaining portion of this Ordinance. ADOPTED by the Common Council of the City of Springfield by a vote of 5 for and 1 against, this 26t1day of November , 2007. APPROVED by the Mayor of the City of Springfield, this 26th day'gf November 2007. ATTEST: 4Mayorp _ City Record REVIEWED (`, '°Pf,CVEO A TOFOF%I DATE:5 .rr cL�—..1 OFFiCEOFC11V" O N Y OCT 14 2015 ORDINANCE NO. 6210 1niPJ Downtown Urban Renewal Plan Part One: RENEWAL PLAN REPOR Part Two: ON THE PLAN Springfield Oregon November 26, 2007 date RcceivMw: OCT 1 A 2015 r r: d DOWNTOWN URBAN RENEWAL PLAN ACKNOWLEDGEMENTS This urban renewal plan and report was prepared with funding assistance from the City of Springfield. Springfield citizens participated in 2 townhalls leading to the preparation of the Downtown Urban Renewal Plan and Report. Staff Assistance Gino Grimaldi, City Manager Jeff Towery, Assistant City Manager William Grile, Development Services Director John Tamulonis, Community Development Manager Mark Metzger, Planning Supervisor Courtney Griesel, Planner Urban Renewal Consultant Charles Kopper, Spencer & Kupper Downtown Urban Renewal Part November 16, 1007 iJ 411- Downtown Urban Renewal Plan Table of Contents 100. The Downtown Urban Renewal Plan 4 200. Citizen Participation 5 300. Relationship to Local Objectives 7 400. Proposed Land Uses 12 500. Outline of Development 14 600. Description of Potential Projects to be Undertaken 16 700. Property Acquisition Procedures 22 800. Property Disposition and Redevelopers' Obligations 23 900. Amendments to the Urban Renewal Plan 24 1000. Maximum Indebtedness 25 1100. Financing Methods 26 1200. Relocation 26 1300. Definitions 27 Exhibit 1 -Boundary Map and Legal Description 29 Exhibit 2 -Zoning Map and Plan Diagram 36 Appendix 1 38 Appendix 2 42 Downtown Urban Rertewa! Pian November 26, 2007 3 2515 lfvv