HomeMy WebLinkAboutComments APPLICANT 11/1/2007
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CIVIL
~~ Branch Engineering, Inc.
310 5th Street. Spnngfield, Oregon 97477. (541) 746-0637. Fax (541) 746-0389 "\
PRINCIPALS
James A Branch, P E . P L S
Rene Fabncant, S E , P E
Michael Lane Branch, P E
Damlen Gilbert, P E
November 1, 2007
Branch No 07-193
Mr Gary Karp
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 FIfth Avenue
Spnngfield, OR 97477
Re Lot LIne Adjustment for SC Spnngfield LLC
Journal Number SUB2007-00037
Dear Gary,
Attached are two copIes each of the follOWIng
1 The recorded Property LIne Adjustment Deed (2007-071866),
2 The recorded DeclaratIOn of RestnctlOns (2007-071865), and
3 The filed FInal Map of Property LIne Adjustment (CSF 40754)
Yours truly,
Rex A S
Survey Manager
. RECETVRD:
NOV 0 1 Z007
BY.,
,/
STRUCTURAL
TRAFFIC / TRANSPORTATION
SURVEYING
Recorded at the request of
and after recordmg return to
'~7-01I866 "
1111111111111111111111111111111111111111111111111 $46 00
00951655200700718660050050 10/19/2007 03 10 35 PM
RPR-DEED Cnt=1 Stn=5 CASHIER 06
S25 00 SII 00 SIO 00
for Lands descnbed m Exlublts A and B
Send Tax Slatements to
/Dtvision of Chief Deput.y Clerk
Lane CoYnt.V De.ds and Recorda
Branch Engmeenng, Inc
310 5th Street
Spnngfield, OR 97477
SC Spnngfield LLC
5440 loUIe Lane SUIte 102
Reno, NY 89511
The true cooSlderBhon for tins conveyance IS other than monetary
PROPERTY LINE ADJUSTMENT DEED
The parlles to t1us transfer are (I) SC Spnngfield LLC, a Oregon Delaware Llablllty Company,
heremafter referred to as Party I and bemg a Grantor/Grantee herem and (2) SC Spnngfield LLC,
a Oregon Delaware LIBbIllty Company, heremafter referred to as Party 2 and bemg a GrantorlGrantee
herem
TIlls Deed IS mtended to adjust the boundary Ime between a parcel of real ,n""".,> owned by Party
I and an adjommg parcel of real property owned by Party 2 The parnes are entenng mto t1us Deed
to agree on the property Ime separatmg therr parcels to comply WIth CIty of Spnngfield Land Use
RegulatIons and the prOVISlOns of Oregon ReVIsed Slatutes 92 190(4)
The legal descnpUon of Party I's y..y..., pnor to t1us adjustment IS all of the lands that were
conveyed as "Parcell" m that certaIn Trustees' Deed that was recorded Apnll O. 2006 at Recorder's
Nwnber 2006-024293 m the OffiCIal Records of Lane County, Slate of Oregon (bemg Tax Map 17-
03-25-11, Tax Lot 2300 at tune of recordatIOn oftlus document)
The legal descnpUon of Party 2's Y'.Y"'J pnor to t1us adjustment IS all of the lands that were
conveyed as ''Parcel 2" m that certam Trustees' Deed that was recorded Apnll 0,2006 at Recorder's
Number 2006-024293 m the OffiCial Records of Lane County, Slate of Oregon (bemg Tax Map 17-
02-30, Tax Lot 1800 at tune ofrecordauon oftlus document)
The Ime bemg adjusted herem IS the enUre common Ime between smd propertIes
WHEREAS the Parlles desIre to adjust therrcommon Ime and WHEREAS the PartIes are agreeable
to execute a transfer of property through means of an approved r --r-':' Lme Adjustment and t1us
Deed as smd Property Lme Adjustment was given Tenlal1ve Approval September 24, 2007 under
Case Number SUB2007-oo037 by the CIty of Spnngfield
THEREFOR, for purposes of accomphslung t1us Property Lme Adjustment
Party 2 hereby transfers and conveys all of Its nghl, Utle and mterest m and to the Y'""""J descnbed
on "Exlnblt A" to Party 1 as smd exlubltls attached hereto and made a part hereof And
Party I hereby transfers and conveys all of Its nghl, Utle and mteres! m and to the property descnbed
on "Exlublt BOO to Party 2 as swd exlublt IS attached hereto and made a part hereof
The descnpl1onofParty 1 's property aftertlus adJustmenl1sdescnbed on "ExlnbItA" attached hereto
and made a part hereof
The descnpnon of Party 2'5 r..'"'y......./ afterth1s adJustment IS descnbedon "ExhlbltBII attached hereto
and made a part hereof
PROPERTY LINE ADJUSTMENT DEED
(fax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800)
Pagelof5
Dated tlus
fa ffl
day of &~-I,bV
,2007
BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY UNDER CHAPTER
I, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)) TIllS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR AC,,= I wiG
TIllS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRlATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES [ANDl. TO 1)" 1 "KMlNE ANY LIMITS ON LA WSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 AND TO INQUIRE ABOUT
THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY. UNDER CHAPTER I,
OREGON LAWS 2005 (BALLOT MEASURE 37 (2004))
STATE OF NEVADA )
Couoty of Wasboe )SS
On ...fk hkr .J.iL, 2007 personally appeared the above named Jeffiy Belle, who
bemg duly sworn SOld that be IS thela Managrng Member of SC Spnngfield LLC, and that the above
mstrument was signed on bebalf of SOld hmlted habllIty company and acknowledged the foregomg
mstrument to be Ius voluntary act and deed
-.'" --...---...........-
e CODY JOHNSON
Notary Public State 01 Nevada
~RIc::clGedIllWzshol~
No 04-873192 expires FebJUllry821Xe
-.....- .. ..-.... ...........--.....--
NOtary~~~ -
My CommIssIon ExpIres fil.rw:.."Y k. Z<>t>Y
PROPERTY LINE ADJUSfMENT DEED
(Tax Map 17-03-25-1 I, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800)
Pagelof5
EXlDBIT A
TRACf 1 AFTER PROPERTY LINE ADJUSTMENT
(Tax Map ]7-03-25-11, Tax 1.012300 after adJustmenl)
SITUATED mthe CItyofSpnngfield, Lane County, SI.le of Oregon mthe Northeast ]/40fSecl1on
25 m Townslup 17 South, Range 3 West of the Wtl1ametle Mend,an and desenbed as follows
BEING. portIon of the lands that were conveyed as "Parcell" m that certam Trustees' Deed that
was recorded Apnl 10, 2006 .1 Recorder's Number 2006-024293 m the OffiCIal Records of Lane
County, Slate of Oregon, winch portlon IS more parltcularly descnbed as follows
BEING. portlon of "Parcel 3" of Land Parlll10n Pial Number 94-P049 I as recorded Apnl19, 1994
m lhe Land Parl'l1on PI.I Records of Lane County, State of Oregon, Ihe penmeter boundary of whIch
porlIon bemg more parllcularly descnbed as follows
BEGINNING .1. pomlonthe south Ime of saId "Parcel 3" ofLandParlIl1on PI.t Number94-P0491
and north margm of Mar cola Road (whIch margm IS offset 45 00 feet northerly of the north Ime of
the B B Powers Donal1on Land Claun Number 64 m TownshIp 17 South, Range 2 West of the
Wlllamette Memban) thai hes SOUTH 89' 57' 22" WEST 263 83 FEET from the southeast corner
of Sald "Parcel 3 ", THENCE,le.vmg sa,d POINT OF BEGINNING and crossmg mto smd "Parcel
3", along the followmg fifteen numbered courses (I) NORTH 44' 57' 15" EAST 19 81 FEET, (2)
NORTH 00' 02' 00" WEST 161 96 FEET, (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4)
SOUTH 83' 25'02" WEST 91 24 FEET. (5) SOUTH 89' 58'00"WEST241 50FEET,(6)NORTH
00' 02' 00" WEST 341 22 FEET, (7) NORTH 89' 58' 00" EAST 33 48 FEET, (8) NORTH 00' 02'
00" WEST 329 83 FEET, (9) SOUTH 89' 58' 0.0" WEST 144 65 FEET to. poml of non-tangent
curvature to the nghl, (10) along saId non-tangenl curvature to the nght, havmg a ra<bus center that
lies South 70' 38' 23" Easl738 5t Feet,. central angle of 4' 19' 30" and . long chord of North 21 ,
31' 22" East 55 73 Feet, an arc length of 55 75 Feet 10 . poml of non-tangent Ime, (II) along saId
non-tangenl Ime, NORTH 89' 58' 00" EAST 3855 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET, (13) NORTH 72' 43' 45" EAST 5471 FEET, (]4) SOUTH 89' 50'16" EAST 636 23 FEET,
and (15) SOUTH 60' 02' 00" EAST 70 75 FEET, to a poml on the eastlme of saId "Parcel 3",
THENCE, along saId easllme of "Parcel 3 " the followmg one numbered course (16) SOUTH 00'
02' 00" EAST 763 85 FEET to . poml that hes North 00' 02' 00" West 175 93 Feet from the
aforeS8ld southeasl comer of "Parcel 3", THENCE, leavmg smd east lme and poml and along the
followmg three numbered courses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (]8) SOUTH 00'
02'00" EAST 16195 FEET, and (19) SOUTH 45' 03'27" EAST 19 82 FEETto.pomtthat heson
the aforesmd south Ime of "Parcel 3" and S8ld north margm of Marc oJ a Road, and THENCE, along
saId soulh Ime of "Parcel 3" and saId north margm of Marcola Road, the fOllowmg one numbered
course (20) SOUTH 89' 57' 22" WEST 8003 FEET RETURNING 10 the POINT OF
BEGINNING and CONTAINING 14.29 Acres more or less
PROPERTY LINE ADJUSTMENT DEED
(Tax M.p 17-03-25-11, Tax 1.012300 & Tax Map 17-02-30, Tax 1.011800)
Page 3 of 5
J!,Anll>1fB
fRACT 2 AFTER PROPERTY LINE ADJUSTMENT
(Tax Map 17-02-30, Tax Lot 1800 after adjustment)
SITUATED m the CIty ofSpnngfield, Lane County, State of Oregon m the Southeast 1/4 ofSeclion
24 and Northeast 114 of SectIOn 25 m Townslup 17 South, Range 3 West of the Wlllamette Mendlan
and m the Southwest 114 ofSeclIon 19 and Northwest 114 of SectIon 30 m Townslup 17 South,
Range 2 West of the Wlllamette Mendlan and descnbed as follows
BEING a porlion of the lands that were conveyed as "Parcel I" and al\ of the lands that were
conveyed as "Parcel 2" m that certam Trustees' Deed that was recorded ApnllO, 2006 at Recorder's
Number 2006-024293 m the OffiCIal Records of Lane County, State of Oregon, wluchporuon IS
more partIcularly descnbed as follows
BEING a poruon of "Parcel 2" and a portIOn of"Pan:e1 3" of Land PartllIon Plat Number 94-P049I
as recorded Apn119, 1994 m the Land Partll10n Plat Records of Lane County, State of Oregon
together WIth adjolWDg lands to the east, the peruneter boundary ofwluch bemg more partIcularly
descnbed as follows
BEGINNING at a pomt on the south Ime of saId "Parcel 3" of Land PartllIonPlatNumber 94-P0491
and north margm ofMarcola Road (wluch margm IS offset 4500 feet northerly of the north Ime of
the B B Powers DonatIOn Land Chum Number 64 m Townslup 17 South, Range 2 West of the
Wtllamette Mend,an) that hes SOUTH 89' 57' 22" WEST 263 83 FEET from the southeast comer
of saId "Parcel 3 ", THENCE,leavmg saId POINT OF BEGINNING and crossmg mto s!lId "Parcel
3", along the folloWlDg fifteen numbered courses (I) NORTH 44" 57'15" EAST 19 81 FEET, (2)
NORTH DO' 02' 00" WEST 161 96 FEET, (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4)
SOUTH 83' 25'02"WEST91 24 FEET, (5) SOUlli 89' 58'00" WEST241 50FEET,(6)NORTH
DO' 02' 00" WEST 341 22 FEET, (7) NORTH 89" 58' 00" EAST 33 48 FEET, (8) NORTH DO" 02'
00" WEST 329 83 FEET, (9) SOUTH 89' 58' 00" WEST 144 65 FEET to a pomt of non-tangent
curvature to the fight. (10) along saId non-tangent curvature to the nght, havmg a radIUS center that
hes South 70' 38' 23" East 73851 Feet, a cenlIal angle of 4' 19' 30" and a long chord of North 21"
31' 22" East 55 73 Feet, an arc length of 5575 Feet to a pomt of non-tangent 1me, (ll) along saId
non-tangent1me. NORTH 89" 58' 00" EAST 3855 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET, (13) NORTH 72' 43' 45" EAST 5471 FEET, (14) SOUTH 89' 50'16" EAST 636 23 FEET,
and (15) SOUTH 60' 02' 00" EAST 70 75 FEET, to a pomt on the east 1me of said "Parcel 3",
THENCE, along s!lId east Ime of "Parcel 3" the folloWlDg one numbered course (16) SOUlli 00'
02' 00" EAST 76385 FEET to a pornt that hes North DO' 02' 00" West 17593 Feet from the
aforeSaId southeast comer ofuParcel31l, THENCE, leavmg said east line and pomt and along the
folloWlDgthree numbered courses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUlli DO'
02' 00" EAST 16195 FEET, and (19) SOUlli 45' 03' 27" EAST 19 82 FEETto apomt that hes on
the aforesa,d south Ime of "Parcel 3 " and s!lId nonh margm of Marcola Road, and THENCE, along
SaId south hoe of "Parcel 3" and smd north margm of Marcola Road, the followmg one numbered
course (20) NORTH 89' 57' 22" EAST 18380 FEET to s!lId southeast comer of "Parcel 3",
THENCE, along s!lId north margm of Marcola Road, the followmg one numbered course (21)
NORTH 89' 53' 35" EAST 23582 FEET to the southwest comer of the lands that were conveyed
for pubhc road purposes m that certam "Bargam and Sale Deed" that was recorded September 22,
1993 m Reel1880R at ReceplIon Number 9360016 m the OffiCIal Records of Lane County, State
of Oregon wluch southwest comer and conveyed lands are shown on the survey map by Damel W
Baker that was filed August 26, 1996 as CSF Number 33731 m the office of the County Surveyor
of Lane County, State of Oregon, THENCE, along saId west margm of saId conveyed lands, the
folloWlDg eIght numbered courses (22) NORTH 45" 04' 29" EAST 43 19 FEET, (23) NORTH DO'
02' 23" WEST 56 00 FEET to a pomt of non-tangent curvature to the nght, (24) along s!lId non-
tangent curvature to the nght, havmg a radIUS center that hes South 89' 58' 13" East 505 00 Feet, a
central angle of7' 03' 33" and a long chord of North 03' 33' 34" East 6218 Feet, an arc length of
6222 Feet to a pomt of non-tangent hne, (25) along said non-tangent \me, NORTH 21' 00' 50"
EAST 12220 FEET to a pomt of non-tangent curvature to the nght, (26) along saId non-tangent
curvature to the nght, haVIng arawus center that hes South 69.03' Ion East 490 00 Feet, a central
angle of 43" 07' 26" and a long chord of North 42' 30' 33" East 360 16 Feet, an arc leogth of368 80
PROPERTY LINE ADJUSTMENT DEED
(fax Map 17-03-25-ll, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800)
Page4afS
Feet to a pomt ofnon-tangentlme, (27) along s&d non-tangent hne, NORTH 64' 05' 11" EAST
579 54 FEET to a pomt of non-tangent curvature to the left, (28) along s81d non-tangent curvature
to the left, havmg a radIUS center that hesNorth2S' 57' 51" West 365 00 Feet, a central angle of63'
56' 04" and a long chord of North 32' 04' 07" East 386 49 Feet, an arc length of 40729 Feet to a
pomt of non-tangent Ime that hes on the west margm of31" Street as s&d margm IS shown on saJd
survey lDBp by Damel W Baker; and (29) along s&d west margm ofll" Street the NORTH 00' 02'
05" WEST 377 27 FEET to the northwest comer of saJd conveyed lands, THENCE, along the north
hne of saJd conveyed lands the folloWlDg one numbered co=e (30) NORTH 89' 5T 55" EAST
5 00 FEET to a poIDt on the west margID of saJd 31" Street as s&d margID was estabhshed ID that
certaIn Bargam and Sale Deed that was recorded October 19,1955 at Recepnon Number 68852ID
the OffiCIal Records of Lane County, State of Oregon, wIDch margID IS offset 30 00 feet westerly by
perpendicular measurement from the centerlme of s&d street, THENCE, along last saJd west
margm, the folloWlDg one numbered co=e (31) NORTH 00' 02' 05" WEST 738 89 FEET to a
poIDt on the south margID ofthe Eugene Water and Electnc Board UlIhty Comdor as saJd comdor
was conveyed to the City of Eugene by that certam Warranty Deed that was recorded October 27,
1947 ID Book 359 at pages 285-286 ID the Deed Records of Lane County, State of Oregon,
THENCE, alongS&d south margID of the Eugene Water and Electnc Board Utlhty Comdor and the
north IIDe of saJd "Parcel 3" of Land PartllIon Plat Number 94-P0491 the followmg one numbered
course (32) SOUTH 79' 42' 00" WEST 239370 FEET to the northwest corner ofs&d "Parcel 3"
as saJd corner IS common Wlth the northeast corner of the plat bound8Iy of" Austin Park South" as
platted and recorded November 18,1993 ID File 74 at Shdes 132-134 m the Plat Records of Lane
County, State of Oregon THENCE. along the east and south Imes of s&d plat of "Austm Park
South". the followmg two numbered courses (33) SOUTH 00' 02' 16" EAST 909 63 FEET and (34)
SOUTH 89' 57' 41" WEST 26013 FEET to a pomt on the east plat boundary of "Loch Lamond
Terrace FIrst AddllIon" as platted and recorded August 12, 1965 ID Book 46 at page 20 m the Plat
Records of Lane County, State of Oregon, THENCE, along S81d east plat bound8Iy, the folloWlDg
one numbered course (35) SOUTH 00' 02' 00" EAST 11288 FEET to a poIDt on the north plat
boundary of "NIcole Park" as platted and recorded December 2t, 1992 ID FIle 74 at Shdes 30-32 m
the Plat Records of Lane County, State of Oregon, THENCE, along saJd north plat bound8Iy and
the east plat bound8Iy of saJd ''NIcole Park", the folloWlDg two numbered courses (36) NORTH 89'
58' 00" EAST 6 20 FEET, and (37) SOUTH 00' 03' 40" EAST 259 95 FEET to a pOIDt on the north
IIDe of "Parcel 2" ofsaJd Land PartllIon Plat Number 94-P049I, THENCE, along S81d north IIDe of
"Parcel 2" the followmg one numbered course (38) SOUTH 89' 57' 37" WEST 99 65 FEET to a
pomtlymg on the northerly extensIOn of the eastlme of "Parcel I" of saJd Land Parl1IIOn Plat
Number 94-P0491, wIDchpowt IS the northeast comer of the lands that were descnbed w"ExlubIt
A" ofthatcertaw "Dec1aratlOnofProperty LIDe Adjustment" that was recordedApnl7, 1997wReel
2281R at ReceplIon Number 9722969 m the OffiCial Records of Lane County, State of Oregon,
THENCE, along saJd northerly extensIOn and S81d east IIDe as descnbed m saJd "DeclaralIon of
Property LIDe Adjusttnent", (39) SOUTH 00' 02' 16" EAST 515 90 FEET to the southeast comer
ofs&d "Parcell as S81d comer hes on the aforesaJd north margm of Marc 01 a Road, and THENCE,
along the south Ime of saJd "Parcel 3" and north Ime of Marcola Road, the followmg one numbered
course (40) NORTH 89' 5T 22" EAST 115539 FEET RETURNING to the POINT OF
BEGINNING and CONTAINING 86 0.9 Acres more or less
PROPERTY LINE ADJUSTMENT DEED
(fax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800)
PageS ofS
.
Branch Engineering, Inc
310 Fifth Street
Springfield, OR 97477
1111111111111111111111111111111111111111111111111
00951648200700718650040046 10119/2007 03
RPR-REST CnL.l SLn=5 CASHIER 06
$20 00 $10 00 $11 00
--~
,OO7.0m65
$41 00
/ Dividon of ChIef Deputy Clerk
Lane County Deeds and Records
,
Recorded at the request of and
after recording return to
10,35 P"
DECLARATION OF RESTRlCTlaNS
RECITALS
I) SC SPRINGFIELD LLC Grantor, I!. the owner of the land.. a.. conveyed m that certam Bargain and Sale
Deed recorded Apnl10 2006 at Recorder'.. No 2006-024293 In the Official Record" oCLane County,
State of Oregon
2) The owner I!. adJu!.ltng an eXisting property hne of ..aid land.. thereby creal10g Tract.. I and 2 as "aid
Tracts are de!.cnbed 10 attached Exhlblb A and 'B re~pectlVely
3) The owner IS hereby creating bUilding re..tnctlOn, on ,aid land.. mcludmg Tract:-. I and 2 In order to
comply with CIIY ofSpnngfield land use reqUirements regardmg the Property Lme AdJu<itment City of
Spnngfield Journal Number (SUB2007 00037)
NOW THEREFORE, BASED ON TilE FOREGOING RECITALS THE FOLLOWING
RESTRICTIONS ARE HEREBY DECLARED AS CONDITIONS AND RESTRICTIONS ON TRACT
I AS DESCRIBED IN EXHIBIT A
A) SpeCific Development Re!.tnctlon"
I) Exact zomng boundane.. Will be "urveyed and legal de...cnptlOn!. generated for the three zomng
dl!.tnct.. of "aid land.. a!. part oflhe planned land dlvl,>lon proce!... (Tentative SubdlVI"lon and Fmal
Plat)
2} The final configuration of Tract I and the ..urveyed and descnbed zomng dl,tnct boundanes wIiI
ahgn Tract I Will be entlrely wlIhln the Commuruty Commercial (CC) zonlR!;: dl\tnct
3) Direct frontage on the proposed collector ,treet I~ not requested a... part of the Property Line
AdJu..tment application The Tract I configuratIOn mcluded IR the application proVide!. direct
frontage to eXI\tlng Marcola Road Any connectIOn to the propo!.ed collector ..treet Will be by
easement and/or future property hne adJu..tment or land dlvl'lon proce..s
4) The owner of Tract I Will comply With the recently approved Zoning Map Amendment and It!.
Condition" of Approval 1 through 14 (Clly of Springfield Journal Number ZON2006 00054)
5) The eXlshng bUilding on the 'Ite !>hown ..traddlmg the !.outherly Tract I boundary Will be
removed before any bUIlding penmt!> are I!....ued
B) Extmgul"hmenl of Re..tncl1ons on Trdct I The r~tnctlon on Tract I ,hall extmgulsh upon either the
end date of the approved Master Plan, mcludmg any time hne exten!.lOns or final occupancy approval of
Tract I development whichever ..hall first occur
C) U..e of the Re..tncted Property The owner or occupier of the property affected by the!.e rcstnctlOns "hall
have the nght to u,e their property mcludmg the re...tncted areas for any purpo..e penmtted by the
Spnngtield Development Code a, long a, ..aid use doe!. not conflict With the re!olnctlons declared herem
D) Succc!o.."Otll m Intere...t The prOVISion.. of thb m'trument touch and concern and relate to the u!>c of
Tracl I of !.aId Property Lme AdJu..tmenl and are Intended to be covenan!'> and re"tnchon!. runnmg with
the land All proVISion!. ofthl!. lOstrument Includmg the benefit'> and burden" !>hall bind the heir<;
,ucce..,ot\ assigns, transferee.., and pct\onal representatives of all owner!. of Tract 1
E) The foregomg condition.. are for the benefit of and enforceable by SUit for injunctIVe rehef or for damage
or through the wlthholdmg of approval.. of Land U..e and Development Apphcatlon!. or Penm!'> at the
dl..cretlon of and by the City ofSprmgfield and their legal repee..entatlve!. succe...!.ors or a""lgn" and a
fadure by the City of Spnngfidd 10 enforce ...uch condition <;hall In no even! be deemed a waiver of the
CI!Y':. nght 10 do so thereafter
G) The true and actual con"'lderatlOn for thls declaration" other than monetary and mcludes the approval
of the Property Lme AdJu..tment (Journal Number SUB2007 00037) by the City of Spnngfield
IN WITNESS WHEREOF, I ~J7'ted thl' DECLARATION OF RESTRICTIONS on thl'> ~ day of
O'}~7[ ~ 2if/ly
~ _CODY JOHNSON
JeffBeZI , R~_...FIELD LLC Notary-Public Stat,otNevacla
_"" ~lW::ordtjh waro.Colrily
STAT OF9R~QN ' 1. ......",.. ..... _uc..
Countyof~W""'\'~ 'is M_"'_
On thIS ~ day of DL~ ,2007 before me personallY,appeared Jeff Belle and
aoknowlodged .he foregomg m'lrumenllo be h>> voluntary her: y ~ ""''5' IA"J J.-l ek ber
Notary Pubh~- ~r ~ tJuQJQ...
MyCommb!.lonExplre.. l;,,~n.u'1 t~. ?.i'J(XJ,
DECLARATION OF RESTRICTIONS
Page I 014
EXHIBIT A
TRACT I AFTER PROPERTY LINE ADJUSTMENT
(Tax Map 17-03-25-11, Tax Lot 2300 after adjustment)
SITUATED m the CltyofSpnngfield,Lane County, State of Oregon mtbe Northeast 114 of SectIOn
25 m Townsh1p 17 South, Range 3 West of the Wtllamette Menwan and descnbed as follows
BEING a portIon of the lands that were conveyed as "Parcell" 10 that certaIn Trustees' Deed that
was recorded ApnllO, 2006 at Recorder's Nwnber 2006-02429310 tbe OfficIal Records of Lane
County, State of Oregon, wh1cb portiOn IS more parl1cularly descnbed as follows
BEING a portIon of "Parcel 3" of Land PartItIon Plat Number 94,P0491 as recorded Apnl19, 1994
m the Land PartIl10n Plat Records of Lane County, State of Oregon, the peruneter boundaryofwluch
portIon bemg more parllcularly descnbed as follows
BEGINNING at a pomt on the south 1me of S8.ld "Parcel 3" of Land PartItIon Plat Number 94-P0491
and north margm of Marc 01 a Road (wlucb margm ,s offset 4500 feet northerly of the north lme of
the B B Powers Donal1on Land Claun Number 64 10 Townsh1p 17 South, Range 2 West of the
Wlllamette Mendlan) that lIcs SOUTH 89' 57 22" WEST 263 83 FEET from tbe soutbeast comer
of saId "Parcel 3" , THENCE, leavmgsaJd POINT OF BEGINNING andcrossmg mto SaId "Parcel
3", along the folloWlDgfrlleennumberedcourscs (I) NORTH 44' 57' IS" EAST 19 81 FEET. (2)
NORTH 00' 02' 00" WEST 16196 FEET, (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4)
SOUTH 83' 25' 02" WEST 91 24 FEET, (5) SOUTH 89' 58' 00" WEST241 50 FEET, (6) NORTH
00' 02' 00" WEST 341 22 FEET, (7) NORTH 89' 58' 00" EAST 3348 FEET, (8) NORTH 00' 02'
00" WEST 329 83 FEET, (9) SOUTH 89' 58' 00" WEST 144 65 FEET to a pomt of non-tangent
curvature to the ngbt, (10) along saJd non-tangent curvature to the ngbt, bavmg a radius center that
hes South 70' 38' 23" East 73851 Feel, a central angle of4' 19' 30" and a long cbord of North 21"
31' 22" East 55 73 Feel, an arc length of 55 75 Fectlo a pomt ofnon-tangentlme, (II) along S8.ld
non-tangenllme, NORTH 89" 58' 00" EAST 3855 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET. (13) NORTH 72" 43' 45" EAST 5471 FEET, (14) SOUTH 89' 50' 16" EAST 636 23 FEET,
and (IS) SOUTH 60' 02' 00." EAST 70 75 FEET, to a pomt on the east lme of saId "Parcel 3",
THENCE, along S8.ld eastlme of "Parcel 3" the followmg one numbered course (16) SOUTH 00'
02' 00" EAST 763 85 FEET to a pomt that hes North 00' 02' 00" West 17593 Feet from the
aforesald southeast comer of "Parcel 311. THENCE, leavmg saId east lme and pamt and along the
folloWlDg three numbered courses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUTH 00'
02' 00" EAST 161 95 FEET. and (19) SOUTH 45" 03' 27" EAST 19 82 FEETto a pomtthat hes on
the afOresaid soutb 1me of "Parcel 3" and S8.ld north margm of Marc 01 a Road, and THENCE, along
S8.ld south Ime of "Parcel 3" and S8.ld north margm of Marcola Road, the followmg one numbered
course (20) SOUTH 89' 57' 22" WEST 8003 FEET RETURNING to the POINT OF
BEGINNING and CONTAlNING 1429 Acres more or less
DECLARATION OF RESTRICTIONS
Page 2 .r 4
.
EXIllBIT B
TRACf 2 AFTER PROPERTY LINE ADJUSTMENT
(Tax Map 17-02-30, Tax Lot 1800 after adjustment)
SITUATED m the City ofSprmgfield, Lane County, State of Oregon m the Southeast 114 of SectIOn
24 and Northeast 1/4 ofSecUon25 m Townslup 17 South, Range 3 West of the W,lIamette Menchan
and m the Southwest 114 of Secllon 19 and Northwest 114 of SectIOn 30 m Townslup 17 South,
Range 2 West of the Wtllamette Mendlan and descnbed as follows
BEING a pottlOn of the lands that were conveyed as "Parcel I" and all of the lands that were
conveyed as "Parcel 2" m that cettaw Trustees' Deed that was recorded ApnlI 0, 2006 at Recorder's
Number 2006-024293 m the Official Records of Lane County, State of Oregon, which porllon IS
more parllcularly descnbed as follows
BEING a portton of"Pan:e12" and a portion of "Parcel 3" of Land ParlltlOO Plat Number 94-P049I
as recorded Apnl19, 1994 w the Land Parllllon Plat Records of Lane County, State of Oregon
together With adJouung lands to the east, the penrneter boundary of wluch bewg more particularly
descnbed as follows
BEGu .. ..,. G at a pomt on the south Ime of SlIld "Parcel 3 " of Land Parlltlon Plat Number 94-P049I
and north margIn of Marcola Road (wiuch margIn IS offset 4500 feet northerly of the north Ime of
the B B Powers Donatwn Land Claun Number 64 m Townslup 17 South, Range 2 West of the
Wlllamette Menchan) that hes SOUTH 89' 57' 22" WEST 263 83 FEET from the southeast comer
ofSllld "Parcel 3", THENCE, leavmg SOld POINT OF BEGINNING andcrossmg mto SlIld "Parcel
3", along the followmg fifteen numbered courses (I) NORTH 44' 57' 15" EAST 19 81 FEET, (2)
NORTH 00' 02' 00" WEST 161 96 FEET, (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4)
SOUTH 83' 25' 02" WEST 91 24 FEET, (5) SOUTH 89' 58' 00" WEST241 50 FEET, (6) NORTH
00' 02' 00" WEST 341 22 FEET, (7) NORTH 89' 58' 00" EAST 3348 FEET, (8) NORTH 00' 02'
00" WEST 329 83 FEET, (9) SOUTH 89' 58' 00" WEST 14465 FEET to a pomt of non, tangent
curvature to the nght, (10) along SOld non-tangent curvature to the nght, havmg a radIUS center that
hes South 70' 38' 23" East 73851 Feet, a central angle of 4' 19' 30" and a long chord of North 21'
31' 22" East 5573 Feet, an arc length of 5575 Feet to a pomt of non-tangent Ime, (II) along SOld
non-tangentlme, NORTH 89' 58' 00" EAST 38 55 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET, (13)NORTH 72' 43'45" EAST 54 71 FEET, (14) SOUTH 89' 50' 16" EAST 636 23 FEET,
and (15) soum 60' 02' 00" EAST 7075 FEET, to a pomt on the east Ime of SOld "Parcel 3",
THENCE, along SlUd east Ime of "Parcel 3" the followmg one numbered course (16) SOUTH 00'
02' 00" EAST 76385 FEET to a pomt that hes North 00' 02' 00" West 17593 Feet from the
aforeS8ld southeast corner of "Parcel 3", THENCE, Ieavlng satd east hne and pomt and along the
followmg three numbered courses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUTH 00'
02' 00" EAST 161 95 FEET, and (19) SOUTH 45' 03' 27" EAST 1982 FEETto apomt thathes on
the aforeSllld south hoe of "Parcel 3" and said north margm of Marcola Road, and THENCE, along
s31d south hne of"Parcel3n and SaId north margm of Marcola Road, the followmg one numbered
course (20) NORTH 89' 57' 22" EAST 18380 FEET to said southeast comer of "Parcel 3",
THENCE, along SOld north margIn of Marcola Road, the followmg one numbered course (21)
NORTH 89' 53' 35" EAST 235 82 FEET to the southwest comer of the lands that were conveyed
for publ1c road purposes in that certaLn "Bargam and Sale Deed" that was recorded September 22,
199310 Reel1880R at Recepllon Number 936001610 the OffiCial Records of Lane County, State
of Oregon wluch southwest comer and conveyed lands are shown on the survey map by Darnel W
Baker that was filed August 26, 1996 as CSF Number 33731 m the office of the County Surveyor
of Lane County, State of Oregon, THENCE, along SOld west margIn of SOld conveyed lands, the
followmgeight numbered courses (22) NORTH 45' 04' 29" EAST 43 19 FEET, (23) NORTH 00'
02' 23" WEST 56 00 FEET to a pomt of non-tangent curvature to the nght, (24) along SOld non-
tangent curvature to the nght, havmg a radiUS center that hes South 89' 58' 13" East 50500 Feet, a
central angle 0[7' 03' 33" and along chord of North 03" 33' 34" East 62 18 Feet, an arc length of
6222 Feet to a pOInt of non-tangent Ime, (25) along SOld non-tangent hne, NORTH 21" 00' 50"
EAST 12220 FEET to a polOt of non-tangent curvature to the nght, (26) along SOld non-tangent
curvature to the nght, havmg a mdlus center that hes South 69' 03' 10" East 490 00 Feet, a central
angleof43' 07' 26" and along chord of North 42' 30' 33" East 36016 Feet, an arc length of368 80
Feet to a pomt of non-tangent Ime, (27) along SOld non-tangent Ime, NORTH 64' 05' II" EAST
DECLARATION OF RESTRlCfIONS
Page3of4
57954 FEET to a pomt of non-tangent curvature to the left, (28) along sllld non-tangent curvature
to the left, havmg a radIUs center that hes North 25' 57' 51" West 365 00 Fee!, a central angle of63'
56' 04" and a long chord of North 32' 04' 07" East 386 49 Fee!, an arC length of 40729 Feet to a
pomt of non-tangent Ime that hes on the west margm of3I" Street as Sll1d margIn IS shown on sllld
survey map by Damel W Baker, and (29) along saJd west margm of3l" Street the NORTH 00' 02'
OS" WEST 377 27 FEET to the northwest corner of saId conveyed lands, THENCE, along the north
Ime of Sll1d conveyed lands the followmg one numbered course (30) NORTH 89' 57' 55" EAST
5 00 FEET to a pomt on the west margIn of saId 31" Street as Sll1d margIn was estabhshed m that
certam Bargam and Sale Deed that was recorded October 19, 1955 at ReceptIon Number 68852 m
the OffiCIal Records of Lane County, State of Oregon, winch margm IS offset 30 00 feet westerly by
peljlendlcular measurement from the centerhne of saJd street, THENCE, along last saJd west
margm, the followmg one numbered course (31) NORTH 00' 02' OS" WEST 738 89 FEET to a
pomt on the south margm of the Eugene Water and Electnc Board Ul1hty Comdor as saId comdor
was conveyed to the CIty of Eugene by that certam Warranty Deed that was recorded October 27,
1947 m Book 359 at pages 285-286 10 the Deed Records of Lane County, State of Oregon,
THENCE, along saJd soulh margm of the Eugene Water and Electnc Board Utlhty Comdor and the
north Ime of SaId "Parcel 3" of Land ParlIl10n Plat Number 94-P049 I the followmg one numbered
course (32) SOUTH 79' 42' 00" WEST 2393 70 FEET to the northwest corner of Sll1d "Parcel 3"
as saJd corner IS common Wlth the northeast comer ofthe plat boundary of "Austm Park South" as
platted and recorded November 18, 1993 m File 74 at Shdes 132-134 m the Plat Records of Lane
County, State of Oregon THENCE, along the east and south hnes of SaId plat of" AuslIn Park
South", the follOWIng two numbered courses (33) SOUTH DO' 02' 16" EAST 909 63 FEET and (34)
SOUTH 89' 57' 41" WEST 260 13 FEET to a pomt on the east plat boundary of "Loch Lomond
Terrace Fust AddItIon" as platted and recorded August 12, 1965 m Book 46 at page 20 m the Plat
Records of Lane County, State of Oregon, THENCE, along saJd east plat boundary, the followmg
one numbered course (35) SOUTH DO' 02' 00" EAST 112 88 FEET to a pomt on the north plat
boundary of "NIcole Park" as platted and recorded December 21, 1992 m FIle 74 at Shdes 30-32 m
the Plat Records of Lane County, State of Oregon, THENCE. along Sll1d north plat boundary and
the east plat boundary ofsaJd ''NIcole Park",the follOWIng two numbered courses (36) NORTH 89'
58' 00" EAST 6 20 FEET, and (37) SOUTH 00' 03' 40" EAST 259 95 FEET to a pomt on the north
Ime of "Parcel 2" of SaId Land ParlIl10n Plat Number 94-P049 I , THENCE, along saId north Ime of
"Parcel 2" the followmg one numbered course (38) SOUTH 89' 57' 37" WEST 99 65 FEET to a
pomtlymg on the northerly extenslOn of the east hne of "Parcel I" of Sll1d Land ParlIl10n Plat
Number 94-P0491, winch pomtlS the northeast corner oflhe lands that were descnbed m "Exlub,t
A" oftha! ceTtam "DeclaratIon of Property Lme Adjustment" that was recorded Apnl 7, 1997 m Reel
2281R at ReceptlOn Number 9722969 m the OffiCIal Records of Lane County, State of Oregon,
THENCE, along saJd northerly extenslOn and saJd east hne as descnbed m saJd "DeclaratIon of
Property Lme AdJustment", (39) SOUTH 00' 02' 16" EAST 515 90 FEET to the southeast comer
of saId "Parcell as Sll1d corner hes on the aforesaId north margm of Marc 01 a Road, and THENCE,
along the south lme of SaId "Parcel 3" and north hne of Marc 0 I a Road, the follOWIng one numbered
course (40) NORTH 89' 57' 22" EAST 115539 FEET RETURNING to the POINT OF
BEGINNING and CONTAINING 86 09 Acres more or less
DECLARATION OF RESTRICTIONS
Page 4 of4