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HomeMy WebLinkAboutDeed APPLICANT 7/19/2007 Recorded at the request of and after recordmg return to for Lands descnbed m ExhIbIts A and B Send Tax Statements to Branch Engmeenng, rnc 310 5th Street Spnngfield, OR 97477 SC Spnngfield LLC 5440 LOUIe Lane SUIte 102 Reno, NY 89511 The true conslderalton for tills conveyance IS other than monetary PROPERTY LINE ADJUSTMENT DEED The partIes to thIs transfer are (I) SC Spnngfield LLC, a Oregon Delaware LIabilIty Company, heremafter referred to as Party I and bemg a Grantor/Grantee herem and (2) SC Spnngfield LLC, a Oregon Delaware LIablhty Company, heremafter referred to as Party 2 and bemg a Grantor/Grantee herem This Deed IS mtended to adjust the boundary lme between a parcel of real property owned by Party I and an adJommg parcel ofreal property owned by Party 2 The partIes are entermg mto thIs Deed to agree on the property lme separatmg their parcels to comply wIth CIty of Spnngfield Land Use RegulatIOns and the proVISIOns of Oregon ReVIsed Statutes 92 190(4) The legal descnptlOn of Party I's property pnor to thIs adjustment IS all of the lands that were conveyed as "Parcell" 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 (bemg Tax Map 17- 03-25-11, Tax Lot 2300 atltme ofrecordalton of this document) The legal descnptlOn of Party 2's property pnor to thIs adjustment IS all of the lands that were conveyed as "Parcel 2" m that certam Trustees' Deed that was recorded Apnl 10, 2006 at Recorder's Number 2006-024293 m the Official Records of Lane County, State of Oregon (bemg Tax Map 17- 02-30, Tax Lot 1800 at tIme of recordatIOn of this document) The lme bemg adjusted herem IS the entIre common lme between SaId propertIes WHEREAS the PartIes deSIre to adJust theIr common lme and WHEREAS the Parties are agreeable to execute a transfer of property through means of an approved Property Lme Adjustment and thiS Deed as SaId Property Lme Adjustment was gIven Tentaltve Approval September 24, 2007 under Case Number SUB2007-00037 by the CIty ofSprmgfield THEREFOR, for purposes of accomphshmg thIS Property Lme Adjustment Party 2 hereby transfers and conveys all of ItS nght, lttle and mterest m and to the property descnbed on "Exlubll A" to Party 1 as SaId exhIbIt IS attached hereto and made a part hereof And Party I hereby transfers and conveys all of ItS nght, lttle and mterest m and to the property descnbed on "ExhIbIt B" to Party 2 as SaId exhlblllS attached hereto and made a part hereof The descnplton of Party I 's property after thIs adjustment IS descnbed on "ExhIbIt A" attached hereto and made a part hereof The descnptlOn of Party 2's property after thIS adjustment IS descn bed on "Exhl bIt B" attached hereto and made a part hereof PROPERTY LINE ADJUSTMENT DEED (Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800) Page 1 of5 Dated thIs day of ,2007 SC Sprmgfield LLC, a Delaware LIability Company SIgned Pnnt Name TItle Managmg Member BEFORE SIGNING OR ACCEPTING THIS 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)) THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LA WS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES [AND], TO DETERMINE 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 OREGON ) County of Lane )SS On _, 2007 personally appeared the above named . who bemg duly sworn SaId that he IS the/a Managmg Member ofSC Spnngfield LLC, and that the above mstrument was sIgned on behalf of saId lImIted lIabIlIty company and acknowledged the foregomg mstrumentto be hIS voluntary act and deed Notary PublIc for Oregon My CommissIOn Expires PROPERTY LINE ADJUSTMENT DEED (Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800) Page 2 ofS EXHIBIT A TRACT 1 AFTER PROPERTY LINE ADJUSTMENT (Tax Map 17-03-25-11, Tax Lot 2300 after adjustment) SITUATED m the CIty ofSpnngfield, Lane County, State of Oregon m the Northeast 1/4 of SectIOn 25 m Township 17 South, Range 3 West of the WIllamette Mendtan and descnbed as follows BEING a portIOn of the lands that were conveyed as "Parcell" m that certam Trustees' Deed that was recorded ApnlIO, 2006 at Recorder's Number 2006-024293 m the Offictal Records of Lane County, State of Oregon, whIch portIOn IS more partJcularly descnbed as follows BEING a portion of "Parcel 3" of Land PartItIOn Plat Number 94-P0491 as recorded Apn119, 1994 m the Land PartItIOn Plat Records of Lane County, Stale of Oregon, the pen meter boundary of which portIOn bemg more partIcularly descnbed as follows BEGINNING at a pomt on the south line of said "Parcel 3 " of Land PartltJon Plat Nwnber 94-P049I and north margm of Marcola Road (which margm IS offset 4500 feet northerly of the north lme of the B B Powers DonatIOn Land Claim Nwnber 64 m TownshIp 17 South, Range 2 West of the WIllamelle Mendlan) that lies 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 Said "Parcel 3", along the followmg fifteen numbered courses (I) NORTH 44' 57' 15" EAST 19 81 FEET, (2) NORTH DO' 02' 00" WEST 16196 FEET, (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4) SOUTH 83' 25'02" WEST91 24 FEET, (5) SOUTH 89' 58' 00" WEST241 50 FEET, (6) NORTH DO' 02' 00" WEST 34122 FEET, (7) NORTH 89' 58' 00" EAST 3348 FEET, (8) NORTH DO' 02' 00" WEST 32983 FEET, (9) SOUTH 89' 58' 00" WEST 14465 FEET to a pomt of non-tangent curvature to the nght, (10) along Said non-tangent curvature to the nght, havmg a radIUS center that lies South 70' 38' 23" East 738 51 Feet, a central angle of 4' 19' 30" and a long chord of North 21' 31' 22" East 55 73 Feet, an arc length of 55 75 Feet to a pomt of non-tangent lme, (II) along Said non-tangent lme, NORTH 89' 58' 00" EAST 3855 FEET, (12) NORTH 44' 58' 00" EAST 102 82 FEET, (I 3) NORTH n' 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 eastlme of saId "Parcel 3", THENCE, along Said eastlme of "Parcel 3" the followmg one numbered course (16) SOUTH DO' 02' 00" EAST 763 85 FEET to a pomt that lies North DO' 02' 00" West 175 93 Feet from the aforesaId southeast comer of "Parcel 3", THENCE, leavmg Said east line and pomt and along the followmg three numbered courses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUTH DO' 02' 00" EAST 161 95 FEET, and (19) SOUTH 45' 03' 27" EAST 19 82 FEET to a pomt that lies on the aforeSaid south line of "Parcel 3 " and Said north margm of Marcola Road, and THENCE, along Said south lme of "Parcel 3" and Said 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 CONTAINING 1429 Acres more or less PROPERTY LINE ADJUSTMENT DEED (Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800) Page 3 of 5 EXHIBIT B TRACT 2 AFTER PROPERTY LINE ADJUSTMENT (Tax Map 17-02-30, Tax Lot 1800 after adjustment) SITUATED 10 the CIty ofSpnngfield, Lane County, State of Oregon 10 the Southeast 1/4 of SectIOn 24 and Northeast 1/4 of SectIOn 25m Township 17 South, Range 3 West of the WIllamelte Mendlan and 10 the Southwest 1/4 of SectIOn 19 and Northwest 1/4 of SectIOn 30 10 TownshIp 17 South, Range 2 West of the WIllamelte Mendlan and descnbed as follows BEING a portIOn of the lands that were conveyed as "Parcel I" and all of the lands that were conveyed as "Parcel 2" 10 that certam Trustees' Deed that was recorded Apnll 0, 2006 at Recorder's Number 2006-024293 10 the OffiCIal Records of Lane County, State of Oregon, which portIOn IS more partIcularly descnbed as follows BEING a portIOn of "Parcel 2" and a portIOn of "Parcel 3" of Land PartItIon Plat Number 94-P049I as recorded Apnl 19, 199410 the Land PartitIon Plat Records of Lane County, State of Oregon together wIth adJommg lands to the east, the penmeter boundary of whIch be 109 more partIcularly descnbed as follows BEGINNING at a pomt on the south lme of said "Parcel 3 "of Land PartItIOn Plat Number 94-P0491 and north margm of Marcola Road (whIch margm IS offset 45 00 feet northerly of the north lme of the B B Powers DonatIOn Land ClaIm Number 64 10 TownshIp 17 South, Range 2 West of the WlIlan1elte Mendlan) thatltes SOUTH 890 57' 22" WEST 263 83 FEET from the southeast comer of said "Parcel 3", THENCE, leavmg said POINT OF BEGINNING and crossmg IOta said "Parcel 3", along the followmg fifteen numbered courses (I) NORTH 44057' 15" EAST 19 81 FEET, (2) NORTH 000 02' 00" WEST 16196 FEET, (3) SOUTH 890 58' 00" WEST 18835 FEET, (4) SOUTH 830 25' 02" WEST 9124 FEET, (5) SOUTH 89058' 00" WEST 241 50 FEET, (6) NORTH 00002' 00" WEST 341 22 FEET, (7) NORTH 890 58' 00" EAST 33 48 FEET, (8) NORTH 000 02' 00" WEST 329 83 FEET, (9) SOUTH 890 58' 00" WEST 14465 FEET to a pomt of non-tangent curvature to the nght, (10) along Said non-tangent curvature to the nght, havmg a radIUS center that ltes South 700 38' 23" East 738 51 Feet, a central angle of 4 0 19' 30" and a long chord of North 210 31' 22" East 55 73 Feet, an arc length of 55 75 Feet to a pomt of non-tangent lme, (11) along saId non-tangentlme, NORTH 89058' 00" EAST 3855 FEET, (12) NORTH 44058' 00" EAST 102 82 FEET, (13) NORTH 720 43' 45" EAST 5471 FEET, (14) SOUTH 89050' 16" EAST 63623 FEET, and (15) SOUTH 600 02' 00" EAST 7075 FEET, to a pomt on the eastltne of said "Parcel 3", THENCE, along Said east lme of "Parcel 3" the followmg one numbered course (16) SOUTH 000 02' 00" EAST 763 85 FEET to a pomt that ltes North 000 02' 00" West 175 93 Feet from the aforesaid southeast comer of "Parcel 3", THENCE, leavmg saId east hne and pomt and along the followmgthree numbered courses (17) SOUTH 89058' 00" WEST 197 82 FEET, (18) SOUTH 000 02' 00" EAST 161 95 FEET, and (19) SOUTH 450 03' 27" EAST 19 82 FEET to a pomtthat ltes on the aforesaid south lme of "Parcel 3" and Said north margm of Marc 01 a Road, and THENCE, along saId south hne of "Parcel 3" and Said north margm of Marcola Road, the followmg one numbered course (20) NORTH 890 57' 22" EAST 18380 FEET to Said southeast comer of "Parcel 3", THENCE, along saId north margm of Marcola Road, the followmg one numbered course (21) NORTH 890 53' 35" EAST 23582 FEET to the southwest corner of the lands that were conveyed for publtc road purposes 10 that certam "Bargam and Sale Deed" that was recorded September 22, 199310 Reel1880R at ReceptIOn Number 936001610 the OffiCial Records of Lane County, State of Oregon whIch southwest corner and conveyed lands are shown on the survey map by DanIel W Baker that was filed August 26,1996 as CSF Number 3373110 the office at the County Surveyor of Lane County, State of Oregon, THENCE, along Said west margm of Said conveyed lands, the followmg eIght numbered courses (22) NORTH 45004' 29" EAST 43 19 FEET, (23) NORTH 000 02' 23" WEST 56 00 FEET to a po lOt of non-tangent curvature to the nght, (24) along Said non- tangent curvature to the nght, havmg a radIUS center thatltes South 890 58' 13" East 505 00 Feet, a central angle ofr 03' 33" and a long chord of North 03033' 34" East 6218 Feet, an arc length of 6222 Feet to a po lOt of non-tangent hne, (25) along Said non-tangent ltne, NORTH 21000' 50" EAST 122 20 FEET to a pomt of non-tangent curvature to the nght, (26) along said non-tangent curvature to the nght, havmg a radIUS center that ltes South 690 03' 10" East 49000 Feet, a central angle of430 07' 26" and a long chord of North 42030' 33" East 36016 Feet, an arc length of368 80 PROPERTY LINE ADJUSTMENT DEED (Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800) Page 4 of 5 Feet to a pomt of non-tangent lme, (27) along said non-tangent hne, NORTH 640 050 II" EAST 579 54 FEET to a pomt of non-tangent curvature to the left, (28) along said non-tangent curvature to the left, havmg a radIUs center that hes North 25057051" West 365 00 Feet, a central angle of63 0 56' 04" and a long chord of North 320 040 07" East 386 49 Feet, an arc length of 40729 Feet to a pomt of non-tangent lme that hes on the west margm of 31 51 Street as said margm IS shown on said survey map by Damel W Baker, and (29) along said west margm of31 51 Street the NORTH 00002' 05" WEST 377 27 FEET to the northwest comer of said conveyed lands, THENCE, along the north lme of saId conveyed lands the followmg one numbered course (30) NORTH 890 57' 55" EAST 5 00 FEET to a pomt on the west margm of said 31,t Street as said margm was estabhshed mthat certam Bargam and Sale Deed that was recorded October 19, 1955 at ReceptIOn Number 68852m the OfficIal Records of Lane County, State of Oregon, whIch margmls offset 3000 feet westerly by perpendIcular measurement from the centerlme of said street, THENCE, along last said west margm, the followmg one numbered course (31) NORTH 00002' 05" WEST 73889 FEET to a pomt on the south margm of the Eugene Water and Electnc Board Ul1hty Corndor as Said corndor 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 mthe Deed Records of Lane County, State of Oregon, THENCE, along Said south margm ofthe Eugene Water and Electnc Board Ul1hty Corndor and the north lme of saId "Parcel 3" of Land Parl1l1on Plat Number 94-P049I the followmg one numbered course (32) SOUTH 790 42' 00" WEST 239370 FEET to the northwest comer of said "Parcel 3" as Said comer IS common wIth the northeast comer of the plat boundary of "Austm Park South" as platted and recorded November 18, 1993 m FIle 74 at Shdes 132-134m the Plat Records of Lane County, State of Oregon THENCE, along the east and south hnes of Said plat of "Austm Park South", the followmg two numbered courses (33) SOUTH 000 02' 16" EAST 909 63 FEET and (34) SOUTH 890 57' 41" WEST 260 13 FEET to a pomt on the east plat boundary of "Loch Lomond Terrace FIrst 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 saId east plat boundary, the followmg one numbered course (35) SOUTH 000 02' 00" EAST 11288 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 Said north plat boundary and the east plat boundary of said "NIcole Park", the followmg two numbered courses (36) NORTH 890 58' 00" EAST 620 FEET, and (37) SOUTH 00003' 40" EAST 25995 FEET to a pomt on the north lme of "Parcel 2 " of Said Land Parl1tlOn Plat Number 94- P0491, THENCE, along Said north Ime of "Parcel 2" the followmg one numbered course (38) SOUTH 890 57' 37" WEST 99 65 FEET to a pomt lymg on the northerly extensIOn of the east Ime of "Parcel I" of Said Land PartitIOn Plat Number 94-P0491, whICh pomt IS the northeast comer of the lands that were descnbed m "ExhIbIt A" of that certam "DeclaratIOn of Property Lme AdJustment" that was recorded Apnl 7, 1997 m Reel 2281 R at ReceptIOn Number 9722969 m the OffiCIal Records of Lane County, State of Oregon, THENCE, along Said northerly extensIOn and Said east lme as descnbed m Said "DeclaratIOn of Property Lme AdJustment", (39) SOUTH 000 02' 16" EAST 51590 FEET to the southeast comer of Said "Parcell as Said comer hes on the aforesaid north margm of Marc 01 a Road, and THENCE, along the south lme of said "Parcel 3" and north lme of Marc 01 a Road, the followmg one numbered course (40) NORTH 890 57' 22" EAST 115539 FEET RETURNING to the POINT OF BEGINNING and CONTAINING 86 09 Acres more or less PROPERTY LINE ADJUSTMENT DEED (Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800) Page 5 of5 , Recorded at the request of and after recOJ dmg retum to Branch Engmeellng, Tnc 310 FIfth Street Springfield, OR 97477 DECLARATION OF RESTRICTIONS RECITALS I) SC SPRINGFIELD LLC, Grantor, IS the owner of the lands as conveyed m that certam Bargam and Sale Deed recorded Apnll0, 2006 at Recordel's No 2006-024293 m the OffiCIal Recolds of Lane County, State of Oregon 2) The owner IS adJustmg an eXlstmg pJOperty hne of saId lands, theleby creatmg Tracts 1 and 2 as saId Tlacts ate descnbed m attached ExhIbIts 'A' and 'B' respeCl1vely 3) The owner IS hereby creatmg bUlldmg restnctlOns on saId lands m order to comply WIth CIty of Spnngfield land use leqUlrements regaldmg the Propelty Lme Adjustment City of Spnngfield Joumal Number SUB2007-00037) DE CLARA TION OF RESTRICTIONS A) Resltlctlon Declared on Tract I, as descnbed m attached Exlublt 'A' 1) Exact zonmg boundanes WIll be surveyed, and legal descnptlons generated, for the three zomng dlStllCtS of s81d lands as part of the planned land dIVISIon process (Tental1ve SubdiVISIon and Fmal Plat) 2) The final configuratIOn of TI act 1 and the SUI veyed and descnbed zonmg dlstnct boundanes will align Tract 1 WIll be enl1rely wlthm the Commumty CommercIal (CC) zomng d,stnct 3) DIrect fJOntage on the ploposed collector street IS not requested as part oflhe Property Lme Adjustment apphcatlOn The Tlact ] configuratIOn mcluded m the apphcatlon prOVIdes dIrect frontage to eXlstmg Matcola Road Any connectIOn to the proposed collectOJ street WIll be by easement and/or future property hne adjustment or land dIVISIOn pJOcess 4) The owner of Tract 1 WIll comply WIth the recently approved Zonmg Map Amendment and It'S CondItIOns of Approval (CIty ofSpnngfield JOUlnal Number ZON2006-00054) 5) The eXlstmg bUlldmg on the SIte, shown straddhng the southerly Tract 1 boundary, WIll be removed before any bUlldmg penmts are Issued B) Extmglllshment of RestnctlOns on Tract] The restllctlOn on Tract] shall extmgulsh upon completlOn of the planned land dIVISIOn process C) Use of the Restncted Property The owner or occupIer of the property affected by these restnctlons shall have the nght to use theIr pIoperty, mcludmg the restllcted areas for any purpose permItted by the Spllngfield Development Code as long as saId use does not confhct WIth the lestncl10ns decl81ed helem D) Successors m Interest The proVISIons of thIS mstrument touch and concetn, and I elate to the use of Tract 1 of satd Property Lme Adjustment, and are mtended to be covenants and restllctlOns runnmg WIth the land All proVISIons of thIS mstrument, mcludmg the benefits and burdens, shall bmd the hetrs, , successors, assIgns, transferees, and personal representatIves of all owners of Tract 1 E) The fOJegomg condItIOns are for the benefit of and be enforceable by Slllt for mJunctlon lehef or for damage by the City of Spl mgfield and theIr legal represental1ves, successors OJ aSSIgnS, and a faIlure by the CIty of Sprmgfield to enforce such condItIon shall m no event be deemed a waIver of the City'S nght to do so thereafter G) The true and actual conslderatlOn for thIS declaratlOn IS other than monetary, and mcludes the approval of the Property Lme Adjustment (Joumal Number SUB2007-00037) by the CIty of Sprmgfield IN WITNESS WHEREOF, I have execnted this DECLARATION OF RESTRICTTONS on thIS ,2007 day of Jeff Belle, SC SPRINGFIELD LLC STATE OF OREGON County of Lane } 55 On thIS day of ,2007, before me pel son ally appeared !effBelle and acknowledged the foregomg mstrument to be hIS voluntary act and deed Notary Pubhc for Oregon My CommIssIon Expires DECLARATION OF RESTRICTIONS Page 1 of 4 , ElU1J..1jIT A TRACT 1 AFTER PROPERTY LINE ADJUSTMENT (Tax Map 17-03-25-11, Tax Lot 2300 after adjustment) SITUATED m the CIty ofSprmgfie1d, Lane County, State of Oregon ill the Northeast 1/40fSecl1on 25 m Townslup 17 South, Range 3 West of the WIlIamette Mendlan and descrIbed as follows BEING a portIOn of the lands that werc conveyed as "Parcell" mthat certam Trustees' Deed that was recorded Apn110, 2006 at Recorder's Number 2006-024293 m the OffiCIal Records of Lane County, State of Oregon, whIch portIOn IS more partICularly descllbed as follows BEING a portIOn of "Parcel 3" of Land PartItIOn Plat Number 94-P0491 as recorded Apnl19, 1994 m the Land PartItIon Plat Records of Lane County, State ofOlegon, the penmeter boundary of whIch porlton bemg more partICularly descnbed as follows BEGmrul~G at a pomt on the south lme of SaId "Parce13" of Land PartitIOn Plat Number 94- P0491 and north margm of Marcola Road (wluch margm IS offset 4500 feet northerly of the north Ime of the B B Powers DonatIOn Land Chum Number 64 m TownshIp 17 South, Range 2 West of the WIllamette MerIdIan) that lies soum 89" 57' 22" WEST 263 83 FEET from the southeast comel of SaId "Parcel 3 ", THENCE, leavmg saId POINT OF BEGINNING and crossillg mto SaId "Parcel 3", along the followmg fifteen numbered courses (1) NORm 44" 57'15" EAST 19 81 FEET, (2) NORTH 00" 02' 00" WEST 16196 FEET, (3) soum 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 33 48 FEET, (8) NORTH 00" 02' 00" WEST 32983 FEET, (9) SOUTH 89" 58' 00" WEST 14465 FEET to a pomt of non-tangent curvature to the nght, (10) along SaId non-tangent curvature to the nght, havmg a radIUS center that bes South 70" 38' 23" East 73851 Feet, a central angle of 4" 19' 30" and a long chord of North 21" 31' 22" East 55 73 Feet, an arc length of 55 75 Feet to a pomt of non-tangent1me, (11) along SaId non-tangent Ime, NORTH 89" 58' 00" EAST 38 55 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 eastlme of SaId "PaIcel 3", THENCE, along SaId east Irne of "Parcel 3 " the followrng one numbered course (16) SOUTH 00" 02' 00" EAST 763 85 FEET to a pornt that lies North 00" 02' 00" West 17593 Feet from the aforeSaId southeast comer of "Parcel 3", THENCE, leavmg SaId east Irne and pornt and along the followmg three numbered courses (17) SOUTH 89" 58' 00" WEST 197 82 FEET, (18) SOUTH 00" 02' 00" EAST 16195 FEET, and (19) SOUTH 45" 03'27" EAST 1982 FEETto apomtthatlles on the aforeSaId south Ime of "Parcel 3" and SaId north margm of Marc 01 a Road, and THENCE, along SaId southlrne of"ParceI3" and SaId northmargm of Marcola Road, the followmg one numbered course (20) SOUTH 89" 57' 22" WEST 80 03 FEET RETURNING to the POINT OF BEGINNING and CONTAIN1NG 1429 Acres more or less DECLARATION OF RESTRICTIONS Page 2 of 4 EXHIDIT B TRACT 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 1/4 of SectIOn 24 and Northeast 1/4 of SectIOn 25 m Townslup 17 South, Range 3 West of the Wdlametle MeridIan and III the Southwest 1/4 of Section 19 and Northwest 1/4 of SectIOn 30 III TownshIp 17 South, Range 2 West of the Willametle MeridIan and deSCribed as follows BEING a portIOn of the lands that were conveyed as "Parcel I" and all of the lands that were conveyed as "Parcel 2 " m that certalll Trustees' Dced that was recorded Apnll 0, 2006 at Recorder's Number 2006-024293 m the Officml Records of Lane County, State of Oregon, whIch portIOn IS more partIcularly deSCribed as follows BEING a portion of "Parcel 2" and a portIOn of "Parcel 3 " of Land PartItion Plat Number 94-P0491 as rccorded April 19, 1994 III the Land PartitIOn Plat Records of Lane County, State of Oregon together WIth adjoJllJllg lands to the east, the penmeter boundary ofwluch bemg more partIcularly deSCribed as follows BEGINNING at a pomt on the south Ime of saId "Parcel 3 " of Land PartItion Plat Number 94-P0491 and north margtn of Marc 01 a Road (winch margm IS offset 4500 feet northerly of the north Ime of the B B Powers DonatIOn Land Claun Nwnbel 64 m Townslnp 17 South, Range 2 West of the Willametle MeridIan) that lIes SOUTH 89' 57' 22" WEST 263 83 FEET from the southeast comer of Said "ParceI3", THENCE, leavmg said POINT OF BEGINNING and crossmg mto Said "Parcel 3", alongthefollowmg fIfteen numbered COUlses (1) NORTH 44' 57' 15" EAST 19 81 FEET, (2) NORTH DO' 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" WEST 241 50 FEET, (6) NORTH DO' 02' 00" WEST 341 22 FEET, (7) NORTH 89' 58' 00" EAST 3348 FEET, (8) NORTH DO' 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 Said non-tangent curvature to the nght, havmg a radIUS center that lIes 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 !me, (11) along ~ald non-tangent 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, (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 hne of saId "Parcel 3", THENCE, along SaId east Illle of "Parcel 3" the followmg one nwnbered course (16) SOUTH 00' 02' 00" EAST 763 85 FEET to a pomt that hes North DO' 02' 00" West 17593 Feet from the aforesaid southeast comer of "Parcel 3", THENCE, leavmg saId east Ime and pomt and along the followmgthree nwnbered courses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUTH DO' 02' 00" EAST 16195 FEET, and (19) SOUTH 45' 03' 27" EAST 19 82 FEET to apomtthathes on the aforeSaId south hne of "Parcel 3" and Said north margm of Marc 01 a Road, and THENCE, along Said south hne of "Parcel 3" 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 SaId north margm 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 pubhc road purposes m that certam "Bargam and Sale Deed" that was recorded Septembel 22, 1993 m Reel 1880R at ReceptIOn Numbel 9360016 m the OffiCIal Records of Lane County, State of Oregon whIch southwest comer and conveyed lands are shown on the survey map by Darnel W Balcer that was filed August 26,1996 as CSF Nwnber 33731 m the office of the County Surveyor of Lane County, State of Oregon, THENCE, along Said west margtn of Said conveyed lands, the followmg 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 right, (24) along smd non- tangent curvature to the nght, havmg a radIUS centel that hes South 89' 58' 13" East 50500 Feet, a central angle of 7" 03' 33" and a long chord of North 03' 33' 34" East 62 18 Feet, an arc length of 62 22 Feet to a pOlllt of non-tangent Ime, (25) along SaId non-tangent Ime, NORTH 21' 00' 50" EAST 122 20 FEET to a pomt of non-tangent curvature to the nght, (26) along ~ald non-tangent curvature to the nght, havmg a radIUS center that hes South 69' 03' 10" East 49000 Feet, a central angle of 43' 07' 26" and along chord of North 42' 30' 33" East 360 16 Feet, an arc length of368 80 Feet to a pomt of non-tangent hne, (27) along saId non-tangent lme, NORTH 64' 05' 11" EAST DECLARATION OF RESTRICTIONS Page 3 of4 57954 FEET to a pomt of non-tangent curvature to the left, (28) along smd non-tangent curvature to the left, havmg a radIUs center that lIes North 250 570 51" West 36500 Feet, a central angle of63 0 56' 04" and a long chord of North 320 04' 07" East 386 49 Feet, an arc length of 40729 Feet to a pomt of non-tangent Ime that lIes on the west margm of 31" Street as saId margm IS shown on smd survey map by Darnel W Balm, and (29) along smd westmargm of31" Street the NORTH 00002' 05" WEST 3 77 27 FEET to the northwest corner of saId conveyed lands, THENCE, along the north Ime of sald conveyed lands the folloWIng one numbered course (30) NORTH 890 57' 55" EAST 5 00 FEET to a pomt on the west margm of saId 31 " Street as saId margm was establIshed 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 perpendicular measurement from the centerlIne of saId street, THENCE, along last saId west margm, the folloWIng one numbered comse (31) NORTH 000 02' 05" WEST 738 89 FEET to a pomt on the south margm of the Eugene Water and E1ectl1c Board UtIlIty Comdor as said comdOl was conveyed to the CIty of Eugene by that certam Warranty Deed that was recorded Octobel 27, 1947 m Book 359 at pages 285-286 m the Deed RecOlds of Lane County, State of Olegon, THENCE, along SaId south margm of the Eugene Water and ElectriC Board Unllty Comdor and the north Ime of SaId "Parcel 3" of Land Parl1tlOn Plat Number 94- P0491 the followmg one numbered course (32) SOUTH 79042' 00" WEST 239370 FEET to the northwest comer ofsmd "Parcel 3" as SaId corner IS common With the northeast corner of the plat boundary of "Austm Park South" as platted and recorded November 18, 1993 m FIle 74 at SlIdes 132-134 ill the Plat Records of Lane County, State of Oregon THENCE, along the east and south Imes of saId plat of "Austin Park South", the follOWIng two numbeled courses (33) SOUTH 00002' 16" EAST 909 63 FEET and (34) SOUTH 890 57' 41" WEST 260 13 FEET to a pomt on the east plat boundary of "Loch Lomond Terrace Frrst 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 SaId east plat boundmy, the follOWIng one numbered course (35) SOUTH 000 02' 00" EAST 11288 FEET to a pomt on the north plat boundary of "Nicole Park" as platted and recorded December 21, 1992 m FIle 74 at SlIdes 30-32 m the Plat RecOlds of Lane County, State of Oregon, THENCE, along SaId north plat boundary and the east plat boundary of SaId "Nicole Park", the follOWIng two numbered courses (36) NORTH 890 58' 00" EAST 620 FEET, and (37) SOUTH 00003' 40" EAST 25995 FEET to a pOInt on the north lme of "Parcel 2 " of saId Land Parl1non Plat Number 94- P0491, THENCE, along SaId nOl1h Ime of "Parcel 2" the followmg one numbered course (38) SOUTH 89057' 37" WEST 99 65 FEET to a pomt Iymg on the northerly extensIOn of the east lIne of "Parcel I" of said Land Parl1tlOn Plat Number 94-P0491, winch pomt IS the northeast corner of the lands that were descnbed In "Exlnblt A" of that certam "DeclaratIOn of Property Lme Adjustment" that was recorded Apnl 7, 1997 m Reel 2281R at ReceptIOn Number 9722969 m the OffiCIal Records of Lane County, State of Oregon, THENCE, along SaId northerly extensIOn and SaId east lme as descnbed m SaId "DeclaratIOn of PlOperty Lme AdJustment", (39) SOUTH 000 02' 16" EAST 515 90 FEET to the southeast corner of SaId "Parcell as SaId corner lIes on the aforeSaId north margm of Marc 01 a Road, and THENCE, along the south Ime of saId "Parcel 3 " and north Ime of Marcola Road, the follOWIng one numbered course (40) NORTH 890 57' 22" EAST 115539 FEET RETURNING to the POINT OF BEGINNING and CONTAINING 86 09 ACles more or less DECLARATION OF RESTRICTIONS Page 4 of 4