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Home My WebLink AboutApplication APPLICANT 7/30/2008 (j City of Spnngfleld Development Services Department 225 Fifth Street Spnngfleld, OR 97477 PRE.SUBMITTAL REC'D JUN 3 0 Z008 land Division Plat Partition, SubdivIsion Applicant Name' Bret Fox, Manager Icompany: IAddress' , IAPPllcant's Rep.: Lloyd L Tolbert Icompany: IAddress: , I Property Owner: Bret Fox Manager Icompany: IAddress: , IASSESSOR'S MAP NO: 17-03-27-10 ITAX LOT NOeS): 3300 I Property Address: 104 West Q Street, Springfield, Oregon 97477 ISlze of Property: 219 I Proposed Name of SubdivIsion. Parkway Center Land O[v[s[on 801-596-7711 Thomas Fox Properties 801-596-7161 515 W Pickett Circle #400, Salt Lake City, Utah 84115 Tolbert Assoc[ates, LLC Iphone: IFax. 541-359-8426 541-747-0177 POBox 70224, Eugene, Oregon 9740 I Phone: 801-596-7711 Skyvlew, LLC and South Plaza [I. LLC Fax: 801-596-7161 515 W Pickett Circle #400 Salt Lake City, Utah 84115 Acres ~ Sauare Feet 0 I Description of If you are filling In thiS form by hand, please attach your proposal descriptIon to thiS application Proposal. i?3rtltlOn the developed parcel mto 2 pieces for nurposes of sohttmg ownershlO I LMJ/CC (retad) - Walgrcens, First Tech CredIt I EXlstmCl Use. Ilnonn Tentative Case #: SUB2008-00006 1# of Lots/Parcels: 2 lAva. Lot/Parcel Size: 47,000 sf Joenslty. du/acre SI~l"atures: Please Sl nand nnt vour name and date In the a roonate box on the next oa .. , I I I jlll~1 III ,.~ . -. I el ASSOCiated ApplicatIons: <Sru61.lJlll:,-1-RvY' _ (T c.v.;\'\ Pre-Sub Case No.: 'VI,( Z6b~~ (J]:f13 Date: G/~--!()~ ReViewed by: ~ Icase No Date ReViewed by' IAPpllcatlon Fee' $ 1; ~( /),-/" ITechnlcal Fee: $ n I Postaqe Fee: $0 ITOTAL FEES. $ 0~/P/ I PROJECT- NUMBER. ~'ZOOro- rmlfL( Rev[sed 1/1/08 Molly Markarian ~ ' ~ 0'61 D 6 J (~' CO.A-vv< p~~ ~ 1 of 6 . . Owner Signatures This applicatIOn form IS used for both the required pre-submittal meeting and subsequent complete applicatIon submittal Owner signatures are required at both stages In the application process An application without the Owner's ongmal signature will not be accepted. Pre-Submittal The undersigned acknowledges that the mformatlon In this application IS correct and accurate for scheduling of the Pre. Submittal Meeting Owner: ~ Slgrlatu"re .--- //~ Date: 5/8/2008 ?!: (",::I- f?r.J... Pn nt Submittal I represent thIs application to be complete for submittal to the City ConSistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the Information Identified by the Ctty as necessary for processmg the applIcation IS provIded herem or the Information will not be provIded If not otherwise contained within the submittal, and the City may begm processmg the application with the information as submitted This statement serves as written notice pursuant to the requirements of QRS 227 178 pertaining to a complete application Owner. ~ Signature ~ 7!~pr ~ Date: Print PRE.SUBMllTAL REC'O JUN 3 0 2008 ReVised 1/1/08 Molly Markanan 2 of 6 .' LAFLEUR Karen Subject Location PRE2008-00043 Pre-Submittal Meeting (Partition Plat) Parkway Center - Molly _SP _ConfRm616 Tue 7/8/2008 11 00 AM Tue 7/8120081200 PM Start End. Recurrence (none) Meetmg Status. Required Attendees: Meebng organIZer LAFLEUR Karen, MARKARIAN Molly, Pre-Submlltal Plat Meebngs, HOPKINS Steve A Pre-Submittal Meeting for a Partillon Plat has been scheduled for Tuesday, July 8,2008 @ 11 00 - noon In DSD 616 The planner assigned to thiS applicabon IS Molly Markanan, but Steve Hopkins will attend the meeting for Molly who IS on vacation The applicant submilled plans to plat a two-lot partillon @ 104 W Q Street (Parkway Center) Please confIrm your attendance at the meebng Thanks Karen PRE.SUBMITTAL REC'D JUN 3 0 2008 1 CIty 01 Spnngfield Development ServIces Department 225 FIlth Street Spnngfield OR 97477 541-725-3753 Phone 541-726-3689 rax Pre-Su bmittal Meeting Case Number Assigned: PRE2008-00043 Datc <;;uhmlttcd 6/30/2008 PrOlc<.t Namc PARKWAY CENTER PrOject DcscnptlOn' Pre-Submittal for PartItIon Plat for a 2 parcel partItIon for Parkway Center at the NW corner of PIOneer Parkway and W Q Street Apph<.atlOn Type PartItIOn Plat Job 4ddrc~s 104 W Q ST As~cs,ol 's & Tax Lot #. 1703271003300 ~ ;;;7 ~~-r ~:". I :r ';i-~ .'--;;-:- ~; I'" ~ -I~-'-". { . Meepng'~~~elTime ~ ,'~ "' _ 'fuesday;,July-8; 2008 _7 ;) l \ '- ~ f'ri:'-.. _ ,. ,> : " " - ';. c: ..' Meepng'R,obom c -n _' . '615/616. ':: ,-,' ,'-. -,"_ ~- :' ,_ c' =' - ~~-~' "_ rlal;n'e(i"\l~. i'1Y\'-~'; . :7rL;'~c. :-:U:~, -, -'-~' ~- J '\ ~ J lIt 11' ' .. ~ ~ . _ <. . ,.( 11ft' ::~ -~ = ~ ; _ - - . _ ' ~ - "_ _ ~ ~ _ ';'. - , , ('l~ I f to,.! - '~ - - !... - ~ t ~"' ~ .. ~ - € ~ ~ '" - - ;, _ _.... ~.u-J,_, ___ __~~~ . - r~ ~ ' ~,~ ;I ~ ._, _ ,'._ -J \_..1..-'" -:. DISCLAIM EI{ AppllcdtlOnS will not be exempt from Development Code or procedural amendments that may occur bllween the tIme of the Pre-Submittal Meetmg and SubmiltaI of the Application for Development ReVieW Please contact our ollicc at 54 I -726-3753 with any questIons or concerns A Planner II ,II be aSSIgned the followmg busmess da} and WIll eontdet you to confirm the meetlllg date and time PRE-SUBMITTAL REC'O JUN 3 0 2008 Plan lohPnnl rrt 6/30/2008 145 I4PM Pre-Submittal ~eeting Development Services Department Room 615/616 PRE-SUBMITTAL MEETING DATE: Tuesday, July 8, 2008 I PRE-SUBMITTAL MTG #PRE2008-00044 (pART PLAT) KNIGHTS $336 Assessor's Map 18-02-06-42 TL 2600 Address, 3600 Garden Avenue EXIstmg Use: Residential ApplIcant submitted plans to plat a three-lot partItion Meeting Daterrlme' Tuesday, July 8, 2008 DSD 616 10:00 -11:00 a.m. Planner Andy Limbird 2 PRE-SUBMITTAL MTG #PRE2008-00043 (PART PLAT) SKYVIEW, LLC $336 Assessor's Map 17-03-27-10 TL 3300 Address 104 W "Q" Street Existmg Use: LMIICC (retail) - Walgreens, First Tech CredIt Umon (Parkway Center) ApplIcant submItted plans to plat a two-lot partItIOn Meetmg Daterrlme Tuesday, July 8, 2008 DSD 616 11:00 - noon Planner Molly Markarian PRE.SUBMITTAl REC'O JUN 3 0 200B \...11 {OF SPRINlu~"~LJD VICII;.. i MAP PRE2008-00043 104 W Q St/6 W Q St/1810 & 1820 Pioneer Parkway West ~..~ Map 17-03-27-10 Tax Lot 3300 PRE.SUBMITTAl REC'D JUN 3 0 2008 , ~. WRITTEN STATEMENT PARTITION FOR SKYVIEW, LLC & SOUTH PLAZA II, LLC TENTATIVE CASE NO. SUB2008-00006 MAP 17-03-27-10 TAX LOT 3300 JUNE 1,2008 This wntten statement IS mtended to address the conditIOns of tentative plan approval and diSCUSS how each has been satisfied m the Fmal Plat ApplIcatIOn The partitIOn plat was given conditional approval under Tentative Case No SUB2008-00006 The conditions of approval and our response to each are as follows ConditIOn # I - Prior to plat approval, the applIcant shall propose separate private utility easements for all utIlIty IIne~ benefitting both parcels and separate access and use/maIntenence easements benefitting both parcels to the satisfactIOn of the CIty In additIOn, prIOr to plat approval, the applIcant shall record and document such approved easements on the plat A draft copy of the Declaration of Easements for Access, Dnveway & Parking, UtilItieS and MlUntenance IS mcluded With thiS packet ConditIOn # 2 - ExcavatIOn or filling In the VICinIty of the five eXisting street trees, as well as any future removal of these trees, must conform to the standards of the SDC and EDSPM Depending on the locatIOn of the trees, maintenance shall be performed by the property owner or the CIty as per SDC 4 2- 140C SkYVlew, LLC, South Plaza II, LLC and the Walgreen Company have hired landscapmg mlUntenance companies to care for the property The owners and tenants pledge to mamtllin the property per SDC 4 2-140 C and to conform to the standards of the SDC and EDSPM ConditIOn # 3 - PrIOr to plat approval, the applIcant shall plant 12 additIOnal street trees of at least two Inches m calIper along the subject property's Q Street and PIOneer Parkway frontages lftrqffic VISIOn, street lIghting, Slgn~, or publIc utilItIes prevent the planting of any of the 12 reqUIred additional street trees, the applIcant shall demonstrate such COnfliCtS to the satIsfactIOn of the CIty New street trees shall be selected from the List of Acceptable Street Trees for planter StrIpS WIth overhead power lines as lIsted In the EDSPM, and the new street trees shall be Installed as specz.fied m the EDSPM All tree nursery tag' Identifjl/ng the type of street tree shall remain on the street trees until plat approval Depending on the locatIOn of the trees, mamtenance ~hall be performed by the property owner or the CIty as per SDC 42-140 C Bret Fox (site owner/manager) met on site WIth Molly Markanan, (With the CIty ofSpnngfield) Ms Markarian Identified the locatIOns where additional trees were to be planted and the owner directed Its landscaper to plant trees m those locations All the addItIOnal trees reqUIred, as agreed m the on-sIte meetmg, were planted by Apnl 30, 2008 ConditIOn # 4 - PrIOr to plat approval, the applIcant shall record and document the proposed PUE In the northeast corner of Parcel B and the southwest corner of Parcel A on the plat Can the CIty please proVide the PUE format? PRE.SUBMITTAl REC'O JUN 3 0 2008 . . ., ConditIOn # 5 - PrIOr to plat approval, the applIcant shall record and document on the plat a 10-foot WIde PUE centered on SUB's primary cable and vaults on the subject property as reqUIred by this deCIsIOn and the decIsIOn assocwted with Case No DRC2006-00085 Can the City please proVIde the PUE format? ConditIOn # 6 - Prior to plat approval, the applIcant shall record and document on the plat afive-foot WIde PUE centered on Northwest Natural's gas facIlity on the subject property Can the City please proVIde the PUE format? ConditIOn # 7 - PrIOr to plat approval, the applIcant shall correctly Identify eXIsting bicycle parkmg on the EXisting ConditIOns sheet of the plan set A corrected site plan/sheet of the plan set was completed by Weber Engmeenng and delIvered to Ms Markanan ConditIOn # 8 - PrIOr to plat approval, the applIcant shall prOVide the minimum long-term bicycle parking spaces reqUIred for ea~h bulldmg Ms Markanan met With both the owner and owner's general contractor to descnbe how the bike parking should be modified Bike parking was modIfied by the general contractor, as dIrected, by Apnl 30, 2008 ConditIOn # 9 - PrIOr to plat approval, the applIcant shall brmg eXisting bicycle parking Into conformance With SDC standards As such, the bicycle parking adjacent to the northeast corner of the Wallgreens bUilding shall be separatedfrom motor vehIcle parking by a barrier or curb In additIOn, all eXIsting bIcycle parkmg spaces adjacent to each of the bUildings ~hall be re-posltlOned or re-Iocated to meet the dimensIOnal standards ofSDC 4 6-I45 B ~Ince the current configuratIOn makes access to and uu of many of the space~ Impossible Finally, slgnage dIrecting customers to the bIcycle parking shall be prOVIded at the entrance to the Wallgreens building Since eXlstmg bIcycle parkIngfacllItles for that building are not dIrectly ViSible and obvIOUS All bIke parkmg on the subject property was changed and made to be conformmg as descnbed m CondItIOn #8 above ConditIOn #IO - PrIOr to plat approval, the applIcant shall remove the statement that there are no reqUired setbacks from property lines from all \heet' of the plan set To be done by Engmeer ConditIOn # II - VISIOn clearance areas shall be maintained at each access to a publIc street and on the corner of the property as per SDC 4 2-130 V ISlOn clearance, as reqUIred by City code, IS and shall be mlUntlUned at each access to a publIc street and on the corner ofthe property PRE-SUBMITTAL REC'O JUN 3 0 2008 PARTITION FOR THOMAS-FOX PROPERTIES - SUB 2008-00006 LOT CLOSURES - 6/1/08 OVERALL BOUNDARY 5033 939 2437 098 N 00000'00" W 455 770 5489 709 2437 098 S 89052114" E 155 995 5489 356 2593 093 S 14001'4511 E 409 172 5092 389 2692 283 S 35026'29" W 72 334 5033 457 2650 338 N 89052'14" W 213 241 5033 939 2437 098 Closure Error D~stance> 0 000 Total D1stance> 1306 513 Polyl~ne Area 95391 1 sq ft, 2 19 acres PARCEL 1 5293 705 2437 098 N 00000'00" W 196 004 5489 709 2437 098 S 89052'14" E 155 995 5489 356 2593 093 S 14001'45" E 168 122 5326 249 2633 848 S 75058'45" W 134 328 5293 705 2503 523 N 90000'00" W 66 424 5293 705 2437 098 Closure Error D1stance> 0 000 Total D1stance> 720 873 Poly11ne Area 33077 5 sq ft, o 76 acres PARCEL 2 5033 939 2437 098 N 00000'00" W 259 766 5293 705 2437 098 N 90000'00" E 66 424 5293 705 2503 523 N 75058'45" E 134 328 5326 249 2633 848 S 14001'45" E 241 050 5092 389 2692 283 S 35026129" W 72 334 5033 457 2650 338 N 89052'1411 W 213 241 PRE.SUBMITTAL REC'O 5033 939 2437 098 Closure Error D1stance> 0 000 JUN 3 0 2008 Total D1stance> 987 144 Po1y11ne Area 62313 6 sq ft, 1 43 acres '" .....(It, ~ """ First American First Amencan TiUe Insurance Company 0' Oregon 600 Country Oub Road Eugene, OR 97401 Phn - (541)484-2900 Fax - (541)484-7321 Order No 7191-909803 January 22, 2007 FOR OUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT: CYNTHIA FOSTER, Escrow Officer/Closer Phone (541)484-2900 - Fax (541)484-7321 - Emall cgfoster@firstam com First Amencan "Title Insurance Company of Oregon 600 Country Club Road, Eugene, OR 97401 FOR ALL OUESTIONS REGARDING THIS PREUMINARY REPORT. PLEASE CONTACT" Ronald Denton, "Title Officer Phone (541)484-2900 - Fax (541)484-7321 - Emall radenton@firstam com " 3rd Supplemental Preliminary Title Report ALTA Owners Standard Coverage Liability $ PremIum $ ALTA Owners Extended Coverage lJabdlly $ Premium $ Al TA Lenders Standard Coverage lJab,llly $ 7,000,00000 PremIum $ AlTA Lenders Extended Coverage lJabdlly $ Premium $ Endor5ement PremIUm $ Govt Service Charge Cost $ Other Cost $ 8,325 00 SfR 5000 We are prepared to Issue "Title Insurance Policy or Policies m the form and amount shown above, msunng btle to the followmg descnbed land The land referred to In thiS report IS descnbed m Exhibit A attached hereto and as of January 17, 2007 at 8 00 am, title vested In 5kyvlew, LLC, a Utah limited liability Company, as to a 50% mterest and South Plaza II, LLC, an Oregon Limited liability Company, as to a 50% mterest SubJect to the excepbons, exduslons, and sbpulabons which are ordmanly part of such Policy form and the followmg 1 Taxes for the year 2006-2007 Tax Amount Unpaid Balance Code No Map & Tax Lot No Property ID No $ $ 01900 1703271003300 0228104 3,625 35 2,41690, plus Interest and penalbes, If any ThIs report IS for the exduslve use of the parties herem shown and IS prellmmary to the Issuance of a btle Insurance polley and shall become VOid unless a policy IS lSSuecl, and the full premium paid PRE.SUBMIITAL REC'D JUN 3 0 2008 Preliminary Report Order No 7191-909803 Page 2 of 5 2 The rights of the public m and to that portion of the premises herem described Iymg wlthm the limits of streets, roads and highways 3 Covenants, conditions and restrictions, mdudmg the terms and provIsions thereof, contamed m Declaration recorded December 06, 1945 m Book 304, Page 53, Deed Records of Lane County as follows "1 No residence smaller than 800 Sq Ft and costmg less than Four Thousand Dollars ($4,000 00) shall be permitted on any part of thiS land and each bUlldmg constructed or placed on said land shall, wlthm nmety days of Its erection, be painted with two coats of good quality pamt 2 Before anyone occupys a permanent residence on any part of these premises, said residence shall be connected with a standard septic tank which shall be properly mamtamed at all times and the absorption field of said septic tank must pass approved requirements " 4 Easement, mcludmg terms and proVIsions contamed therein Recordmg Information Apnl 19, 1974, Reception No 74-15867, Offioal Records of Lane County, Oregon In Favor of City of Spnngfield For Sanitary sewer/storm drainage faCility 5 Easement, mcludmg terms and provIsions contained therem Recordmg Information November 15, 1988, Reception No 88-47911, OffiCial Records of Lane County, Oregon In Favor of City of Spnngfield For Storm drainage facility and/or sanitary sewer 6 Lme of Credit Trust Deed, mcludmg the terms and provIsions thereof, given to secure an Indebtedness of up to $1,665,000 00 Grantor Skyvlew, LLC, a U~h limited liability company, as to 50% mterest and South Plaza II LlC, an Oregon limited liability company, as to 50% Interest Beneficiary libertyBank Trustee Western Pioneer 1itle, a DIVISion of Rrst Amencan 1itle Insurance Co of Oregon Dated February 28, 2005 Recorded March 04, 2005 Recording Information 2005-015343 7 Any conveyance or encumbrance by Sky View, LLC and South Plaza II, LLC should be executed pursuant to their Operating Agreement, a copy of which should be submitted to thiS office for Inspection - END OF EXCEPTIONS - NOTE We find no Judgments or United States Internal Revenue liens agamst Skyvlew LLC and South Plaza II, LLC First Amencan TJt1e PRE.SUBMITTAL REC'D JUN 3 0 2008 Prellmmary Report Order No 7191-909803 Page 3 of 5 Situs Address as dlsdosed on Lane County Tax Roll 104 Q Street, Springfield, OR 97477 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc Skyvlew LLC cc LJbertyBank 899 Pearl Street, Eugene, OR 97440 PRE.SUBMllTAl REC'O JUN 3 0 2008 First Amencan Title Preliminary Report Order No 7191-909803 Page 4 of 5 ~ ' . , - First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POUCY (10/17I92) The followlOg matters are expressly excluded from the coverage of thIS poIq and the Company WIll not pay loss or damage, costs, attorneys' fees or expenses whrch anse by reason of 1 (a) Any law oo:lInance or governmental regulatJon (lncllJdlng but not hmrted to building and zoning laws, ordinances or regulaoons) restncbng regulating prohltlltmg or relating to (l) the OCClJpancy use or en]OYfTleflt of the land, (ii) the character, dunertSlOns or IocaOOn of any Improvement now Of hereafter erected on the land (Ia) a separation In ownership ora change UI the~....~~,..or a~ of the land or any parcel of whICh the land IS or was a part or (IV) environmental protedJon or the effect of any VIolation of these laws ordinances or governmental regulattons except: to the extent that a nabce of the enforcement thereof or a nollce of a defect, lien or encumtlrance resuitmg from a Vlolatlon or aneged VIOlabon affectmg the land has been recorded In the public remrds at Date of Polky (b) My governmental pohce power not excluded by (a) above,. except to the extent that a nota 0' the exercise thereof or a notice 0' a detect. lien or encumbrance resulting from a vIoIabon or alleged VIOlation affecting the land has been recorded In the public rec:Drds at Date of PolICy RIghts of eminent domain unless nobce of the exerose thereof has been reomled In the publIC records at Date 0' PolICY but not excluding from coverage any taking whldl has OCClJrred pnor to Date of PoliCY whICh would be binding on the nghts of a purchaser for value WIthout knowledge. Defects liens, encumbrances, adverse claIms or other matters (a) created suffered, assumed Of agreed to by the IIlSUred c1aunant (b) not known to the Company, not recorded In the publIC records at Date of PolICy but known to the Insured claImant and not dISclosed In wrltmg to the Company by the Insured claimant pnor to the date the Insured claimant became an InsUred under this polJcy, (c) resulting In no loss or damage to the nsured c1aunant (d) attadung or created subsequent to Date of PolIcy (except: to the extern: that thIS poley insures the pnorIty of the hen d the Insured mortgage over any statutory IlerI for serw:es labor or material or the extent InSlJrance IS afforded herein as to assessments for street IIT....~,,_..~...; under _..__..~_.l or completed at date of poUcy) or (e) resulting In klss or damage wtuch would not have been sustamed If the Insured dalffiant had paid value for the Insured mortgage. 4 Unenforceabihty of the nen of the Insured mortgage because of the Inability or fallure of the Insured at Date of Polley or the lnablr~ or faIlure of any subsequent owner of the Indebtedness to comply with the applicable dOIng bUSIl1eSSR laws of the state In which the land IS g1JJated 5 Invalidity or unenforceabihty of the lien of the Insured mortgage or claIm thereof wtuch anses out of the transadJon evidenced by the msured mortgage and IS based upon usury or any consumer credit protectlon or truth in lending law 6 Arrof statutory ben for servICeS, laborer matenais (or the c1aun of pnonty 01 any sta1JJtoly lien for servICeS labor or materials over the hen of the II'lsured mortgage) anSlng from an lmpl'OllefTlent or wort: related to the land which is contracted for and commenced subsequent to Date of Policy and IS not financed In whole or In part by proceeds of the IndebtednesS secured by the lf1Sured mortgage whrch at Date of Policy the Insured has advancecl or IS obngated to advance 7 Any claim which anses out of the transaction creating the mterest of the mortgagee Insured by thiS poley by reason of the operation of federal bankruptry, state inSOlvency, or Sllllilar creditors' rights laws that IS based on (i) the ......""'........., creatIng the Interest: of the Insured mortgagee being deemed a fraLKlulent conveyance or fraudulent transfer, or (1I) the subordlllatJon of the interest of the Insured mortgagee as a result of the apprlCabon of the dodrllle of equitable subordinatIOn or (III) the transactJon creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferentlal transfer results from the failure (a) to bmeJyrecord theulstrument: ofbanSfer,or (b) of such recordation to Impart notlce to a purchaser for value or a )tJdgmentor lien credltor ALTA OWNER'S POUCY (10/17/92) The followmg matters are expressly eJl:c1uded from the coverage of ttus pohcy and the Company WIn not pay loss Of damage, costs attorneys' fees or expenses wtud1 anse by""""" of I (a) Any law ordmance or governmental regulation (Including but not IlITuted to bUIlding and zoning laws ordlOances or regulations) restrICtIng regulating proMlltmg or relatlng to (I) the OCOJpancy use or enjOyment of the land (U) the character dimensions or location of any Impmvement now or hereafter erected on the land, (Iii) a separation In ownership or a change In the dimenSions or area of the land or any parcel of wtuch the land IS or was a part or (Iv) enVIronmental protection or the effect of any VlOIatJon of these laws ordInances or gDIIemmental regulabons except: to the extent: that a notlceof the enforcement thereof or a notlceofa defect, lien or encumbrance resuftJng from a VIOlatIon or aUeged VIOlatIOn affecting the land has been recorded In the public records at Date of Policy (b) Any governmental police power not excluded Oy (a) above, except: to the extent that a notice 0' the exercISe thereof or a nobce of a defect lien or enClJmbrance resulting from a VIOlabon or alleged VIOlation affecting the land has been recorded In the pubbc records at Date of Pol.cy RJ;jhts of emment: domain unless nota of the exercise thereof has been rE!COfded In the publIC records at Date of Policy WI: not exdudllTQ from coverage any talang wtuch his ~pno;: to Date of PolIcy whICh wouJd""be-tifid"1Ilg on the nghts of a purd1aser for value Wlthout: knowledge. Defects liens enaJrnbrances, adverse dalms, or other matters (a) created suffered ~assumed or agreed to by the Insured claimant (b) not known to the Company, not recorded In the public records at Date of Policy, but knDNn to the II1SUred claimant and not dsdJsed In wnbng to the Company by the If1SUred dallnant pnor to the date the Insured clamant became an IlSUred under thls policy (c) resulting m no loss or damage tD the IIlsured dalffiant (d) attaching or aeated subsequent to Date of Policy or (e) resulbng In loss or damage whICh would not have been SllStlmed If the II'lsured claimant had paId value for the estate or Interest: Insured by thIS policy 4 AIry clam, whICh artses out of the transacbon vestlOg In the IlSUred the estate or Interesl: ircsured by thIS policy by reason of the Qper.lbon of federal bankruptcy state II'1SoIvmcv or Slmaarcrecfit:ors' ngtm;laws that IS ba.sedon (i) the transactlon creabng the estate or Interest Insured by thiS policy being deemed a fraudulent conveyance or fraudulent transfer or (II) the transactlon creatlng the estate or Interest Insured by thIS policy beu1g deemed a preferential transfer except wl1ere the preferential transfer results from the failure (a) to bmeIy record the IIlstrument of transfer or (b) ofsuchrecordatJon to Impart notlce to a purchaser for value ora Judgment or lien creditor SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard poGcy form will ctrnam III Schedule B the follOWing standard exceptions to coverage 1 Taxes or a~~~.._... whrch are not shown as exlsbng liens by the records of any taXIng authonty that levies taxes or assessments on real property or by the publIC records proceedIng by a public agency which may result In taxes or assessments, or notxe 0' such proceedings whether or not shown by the records of such agency or by the publIC records. 2 Facts nghts Interests or dalfTlS whICh are not shown by the puti.: records but whICh could be ascertalTled by an Inspection of said land or by malang Inquiry of persons Inpossesslonthereol' Easements or clauns of easement, not shown by the publIC rec:Drds reservabons or excepbons In patents or In Acts authorwng the Issuance thereof, water nghts claims or title to water 4 Ally encroachment (of e:cstmg Improvements located on the sub)ed: land onto adJOlntng land or of exlst!ng IIT...._ _.'_-" located on adjoining land onto the subject land) efIQJmbrance, IIlOtabon vanatlon, or adverse OrOJrnstance affectmg the tftle that woold be dIsclosed by an accurate and complete land survey of the sub]ed: land Any nen or nght to a hen for serVlCes labor matenal equipment rental or workers compensation heretofore or hereafter furnished, Imposed by law or not shown by the pubhc records NOTE A SPEOMEN COPY OF THE POUCY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI149 Rev 6-06 First Amencan rille PRE.SUBMITTAl REC'D JUN 3 0 2008 PrelimInary Report Order No 7191-909803 Page 5 of 5 Exhibit "A" Real property In the County of Lane, State of Oregon, descnbed as follows BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE JACOB HAlSTEAD DONATION LAND CLAIM NO 47, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, WITH THE WESTERLY RIGHT OF WAY LINE OF THE SOUTHERN PADRC RAILROAD, WHICH POINT OF INTERSECTION IS 1027 FEET EAST OF THE SOUTHWEST CORNER OF THE SAID HAlSTEAD CLAIM NO 47, THENCE NORTH 140 WEST 501 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF THE RAILROAD, THENCE WEST 20821 FEET TO THE EAST LINE OF THAT CERTAIN PROPER1Y DESCRIBED IN INSTRUMENT RECORDED JUNE 20, 1975, REEL 747, RECEPTION NO 75-24839, OFRCIAL RECORDS OF LANE COUN1Y, OREGON, THENCE SOUTH 486 12 FEET TO THE CENTER OF THE COUN1Y ROAD AND THE SOUTH LINE OF THE SAID HAlSTEAD CLAIM NO 47, THENCE EAST ALONG THE SAID SOUTH LINE TO THE PLACE OF BEGINNING, IN LANE COUNlY, OREGON SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACf OF LAND A PARCEL OF LAND LYING IN THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 27, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE TRACf OF LAND CONVEYED TO JOSEPH VANICEK AND ALBINA VANICEK, HUSBAND AND WIFE, BY THAT CERTAIN DEED RECORDED ON MARCH 14, 1940, IN BOOK 197, PAGE 501, LANE COUN1Y OREGON DEED RECORDS, SAID PARCEL BEING DESCRIBED AS FOLLOWS 8EGINNING AT A POINT SOUTH 2737 10 FEET AND EAST 81778 FEET OF THE WESTERLY NORTHWEST CORNER OF THE JACOB HAlSTEAD DONATION LAND CLAIM NO 47 IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, THENCE SOUTH 120 11' 58" EAST 470 40 FEET ALONG THE WESTERLY RIGHT OF WAY OF THE SOUTHERN PACIRC RAILROAD COMPANY, THENCE NORTH 880 00' 37" WEST 108 30 FEET ALONG THE NORTHERLY RIGHT OF WAY OF A COUNlY ROADWAY COMMONLY KNOWN AS "Q" STREET, THENCE NORTH 370 19' 14" EAST 72 37 FEET TO A POINT WESTERLY AND 25 FEET OPPOSITE THE 2ND AND 3RD STREET COUPLET ENGINEER'S CENTERLINE STATION_LW 31 *95 l' 0 T , AS SURVEYED IN 1972 BY THE LANE COUN1Y DEPARTMENT OF PUBLIC WORKS, THENCE NORTH 120 11' 58" WEST 40938 FEET, THENCE SOUTH 880 00' 37" EAST 51 53 FEET TO THE POINT OF BEGINNING, IN LANE COUN1Y, OREGON Tax Parcel Number 0228104 First Amencan Tftle PRE.SUBMIITAl REC'D JUN 3 0 2008 ~ 228104, 17 03 27 10 03300 ." WPT' 7l91;-503862CL \S-- 10' \\--' Division of Chief Deputy Cle~k Lane County Deeds and Reco~ds , 2~~~.~I~j~2 $36,00 < _' ....., Ilr ,+ ~, ~ - TH I "" 111111- "'I 111111111"1'''"111111111 III l'6732852'1501153420030038 03/04/200502:26:16 PM RPR-OEED Cnt=l Stn=l CASHIER 05 $15 00 $11 00 $10 00 After recording return to Western Pioneer Title PO Box 10146 Eugene, OR 97440 Until a c~ange IS requested all tax statements shall be sent to the followmg address Skyvlew, LLC 515 W. Plckett Clrcle #400 Salt Lake Clty, UT 84115 File No 7191-503862 (csl) Date February 28, 2005 STATUTORY WARRANTY DEED Ralph Lane Walker, Jr. Trustee or successors In trust under the Walker LIving Trust dated April 30, 1999, Grantor, conveys and warrants to Skyvlew, LLC, a Utah limited liability company as to 50% Interest and South Plaza II LLC, an Oregon limited liability company as to 500/0 Interest, as tenants In common, Grantee, the following described real property free of liens and encumbrances, except as speCifically set forth herein See attached ExhIbit "An ThIs property IS free from liens and encumbrances, EXCEPT' THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS 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 UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 The true conSideration for thiS conveyance IS $2,220,000 00 paid to a qualified intermedIary as part of an IRC 1031 exchange (Here comply WIth requirements of ORS 93 030) Dated thiS 2nd day of March ,20~ Page 1 of 2 PRE.SUBMITTAL REC'O JUN 3 0 2008 " , APN 228104 Statutory Warranty Deed - contmued File No 7191-503862 (csl) Date 02t28/2005 ~~wa~"T::l~ ~ STATE OF Oregon ) )ss County of Lane ) This Instrument was acknowledged before me on thl~aY of JVlJiyd-- by lNlIpdt Lane Walker, Jr , Trustee ( r Ralph ~ L v Cindy Lindy Notary Public for Oregon My commission expires ,20~ , OFFICIAL SEAL , . l:!NDY ~JY . , NOTARY PUBlIC-oREGON U COMMISSION NO 364069 r MfC0MM5SION EXPI!lES DECEMBER 29,2006 PRE-SUBMITTAL REC'O JUN 3 0 2008 Page 2 of 2 'i . . \ Page No 4 Our No 1993S5-RD EXHIBIT "A" BegInnIng at the IntersectIon of the South llne of the Jacob Halstead Donatlon Land Clalm No 47, TownshIp 17 South, Range 3 West, Wlllamette MerIdIan, wIth the Westerly rIght of way lIne of the Southern Paclflc RaIlroad, WhllCh pOJ.nt of Intersectlon 15 1027 feet East of the Southwest corner of the sald Halstead Clalm No 47, thence North 140 West 501 feet along the Westerly rIght of way lIne of the rallroad, thence West 208 21 feet to the East lIne of that certaIn property descrIbed In Instrument recorded June 20, 1975, Peel 747, ReceptIon No 75-24839, OffIcl.al Records of Lane County, Oregon, thence South 486 12 feet to the center of the County Road and the South lIne of the saId Halstead Cla~m No 47, thence East along the sa~d South l~ne to the Il place of beg~nn~ng, 1n Lane County, Oregon SAVE AND EXCEPT THEREFROM the follow1ng descr1bed tract of land A parcel of land ly~ng ~n the Northeast one-quarter JNE 1/4) of SectIon 27, Townsh~p 17 South, Range 3 West, W~llamette Mer~d~an, and beIng a portIon of the tract of land conveyed to Joseph Van1cek and Alb~na Van~ceY husband and WIfe, by that certaIn deed recorded on March 14, 1940, In Book 197, Page SOl, Lane County Oregon Deed Records, saId parcel beIng descrIbed as foliows BegInnIng at a pOInt South 2737 10 feet and East 817 78 feet of the Westerly Northwest corner of the Jacob Halstead DonatIon Land ClaIm No 47 In SectIon 27, TownshIp 17 South, Range 3 West, Wlllamette f4erldlan, thence South 120 11' 58" East 470 40 feet along the Westerly rIght of way of the Southern PaCIfIc RaIlroad Company, thence North 8So 00' 37" Nest 108 30 feet along th~ Northerly rIght of way of a County roadway commonly known as "Q" Street thence North 370 19' 14" East 72 37 feet to a pOInt Westerly and 25 feet OpposIte the 2nd and 3rd Street Couplet Eng~neer's Centerl~ne Stat~on LW 31+95 pot , as surveyed 1n 1972 by the Lane County Department of Publ~c Works, thence North 120 11' 58" West 409 38 feet, thence South 8So 00' 37" East 51 53 feet to the pOInt of beg1nnlng, 1n Lane County, Oregon PRE.SUBMIITAL REC'O JUN 3 0 2008 ~ . ' LANE "...''''''~.i. ",uAvDLORS OFFICE DEPAR'DIBNT OF PUBLIC WORKS ,Ulu....... NO. 12262 PAGE 1 OF 2 PILE NO: 17-03-48 NE ""v.......... REPORT NORTHEAST CORNER BENJAMIN F. POWERS DONATION LAND CLAm #49, NORTHWEST CORNER E.W. POWERS DONATION LAND CLAIM #49, IN SECTION 26 OF TOWNSHIP 17 SOUTH RANGE 3 WEST. G.L.O. NOTES DATED: 1854 \..V............: SET POST ACCESSORIES: NOTHING NOTED BY: J. WELSH (VOL.D13, 1'.17) REESTABLISEMBNT NOTES DATED: BY: C,M, COLLIER 1886 (CS #531 . VOL.1) 1888 (CS #580 - VOL. 2) JSv..u.l&....... RECOVERED: FOUND LARGE SANDSTONE BURIED IN '-""-"DR OF ROAD. MONUMENT SET: NOTHING NOTED. ACCESSORIES ESTABLISHED: NOTHING NOTED. REESTABLI.,mlll7"1T NOTES DATED: 1909 BY: H.W. LIBBY (BUCKETFILE BK.71 1'.107) JSV.LI.J....CB RECO'vDADlJ: NOTHING NOTED. -.;v.......... SET: 1" IRON ROD 2' LONG. ACCESSORIES ESTABLISHED: NOTHING NOTED. REESTABLISEMBNT NOTES DATED: 1946 BY: E.N. THOMPSON (FIELD BOOK 22, 1'.8) (CSF #6341) DV.LI.J&'Wlo RECOVERED: I.P. MONUMENT SET: NOTHING NOTED. ACCESSORIES ESTABLISHED: [1] I.P. NORTH. 25.81'. [2] I.P. SOUTH @ 22.5'. RBESTABLISEMBNT NOTES DATED: 1948 BY: E.N. THOMPSON (FIELD BOOK R-S, ROBB SURVEY. ALSO FIELD BOOK Mc-M, McPHERSON SURVEY) EII.LI.J&'CE RB...vv.....BD: [1] I.P. NORTH. 25.81'. [2] I.P. SOUTH. 22.5'. MONUMKN"l' SET: NAIL & SHINER. J''''''''''''SORIES ESTABLISHED: NOTHING NOTED. REBSTABLISEMBNT ..".....s DATED: 1968 EII.LI.J&'CE RB...vv.........: RAILROAD SPIKE. HlNlJMBN'l' SET: NOTHING NOTED. ACCESSORIES ESTABLISHED: NOTHING NOTED. BY: O. CASWELL (CSF #15293) REESTABLISHMENT .'u~..s DATED: 1971 BY: B. GRIFFITH (LCPW RE-ESTAB. #4360) EII.LI.J""Wlo RECOVERED: RR SPIKE. MONUMENT SET: BRASS CAP IN CONCRETE, COVERED WITH MANHOLE. ACCESSORIES ESTABLISHED: NOTHING NOTED. NOTE ON RE-ESTAB SHEET, DATED 1978: "COR. OK". PRE.SUBMIlTAl REC'D JUN 3 0 2008 LANE ,'""'....IW.&.\~~ OUA'ti'a.a.ORS OFFICE DBPAR'.l1mNT OF PUBLIC WORXS ............... NO. 12262 PAGE 2 OF 2 PJ:LB NO: 17-03-48 NE RBBSTA1>T.TQ'BMBN'T ........",s DATED: 1991 BY: J. BRANCH (CSF #30172) ..v.u.J.......... RB..."...o..o.BD: FOUND A 2 3/4" LANE COUNTY BRASS CAP DATED 1971. MJNUMBN'l' SET: NOTHING NOTED. ACCBSSOlUBS BSTABLISBBD: NOTHING NOTED. ,""vl&\.&.lIAA .6 v .,LU.6I:.\""..6 .....u.J....\A RBCOVBRBD: FOUND A LANE COUNTY PUBLIC WORXS DEPT. BRASS CAP, CONCRETED IN A 9" I. D. MONUMENT CASE, APPROX. 12" BELOW THE SURFACE OF "Q" ST. IN SPRINGFIELD. MJNUMBN'l' SET: NONE. ACCBSSOlUBS BSTABLISBBD: 1993 [3] A SMALL BRASS STEM CAP BEARS N S6040'39"E @ 42.32', SET FLUSH IN N'LY CURB OF "Q" ST., MARKED "RP1 1993 LCSO". 1993 [4] A SMALL BRASS STEM CAP BEARS S 6S048'S2"E @ S7.3S', SET FLUSH IN S'LY CURB OF "Q" ST., MARKED "RP2 1993 LCSO". 1993 [S] A SMALL BRASS STEM CAP BEARS S SS"34'3S"W @ 40.8S', SET FLUSH IN S'LY CURB OF "Q" ST., MARKED "RP3 1993 LCSO". 1993 [6] A SMALL BRASS STEM CAP BEARS N S7040'03"W @ 44.08', SET FLUSH IN N'LY CURB OF "Q" ST., MARKED "RP4 1993 LCSO" "'_I....'..~ AND \.J.l..a.a.& .u.,,~u.Al...JATION: EQUIPMENT USED: WILD TC1000 TOTAL STATION, TOS 48SX DATA COLLECTOR. BEARINGS BASED ON SOLAR OBSERVATION. DATE: JAN. 26, 1993 BY: BOB THURMAN, PLS, ET II 7i.~ PRESENT: JON TESDELL, ET I J T FOUND &RA55 C/IlP t.I SECTION DIAGRAM GRID MO ,CAL' I- ... \II ~ l- I/) I T 17 S R 3 W .., l'f'f~~] 'a1>4' I'I'IIC,l 'RP I' ./ _ SID&WALK ~ I S 2:: X C 4: "Q" ~ S.E,C:OR. oJ. HALSTI!AO D.L C NO 47 I_(5) "U'3' l'IU(+1 'RPt' IID&WAl,." ~ '\ ; REGISTERED " PROFESSIONAL LAND SURVEYOR K'fZ,.~ 'i="''7'~ -=..... 't/on OREGON JUl.'116 1971 KENNETH ROBERT EZEll 952 ~ I YA~iAhA C' 1f SPRIN.-GFIE.LU I .,..<1;;' , V.':> q...... I ,;{t.' (~'?<..~ .,., ","'" " -",I I I I :3;: .... II> PRE.SUBMIn AI REC'D h JUN :I II 2008 , . LANE COUNTY SURVEYORS OmCE DEPARTMENT OF PUBLIC WORKS f ..IE] OF 3 FILE NO 17-03-47 WNW TRGCDB 1703847040 INDEX NO 1 4 8 3 3 CORNER REPORT THE WESTERLY NORTHWEST CORNER OF THE JACOB HALSTED DONATION LAND CLAIM #47, IN TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN NOTE FOR TIIE FULL HISTORY OF TIllS CORNER SEE LCSO RE-EST AB #] 0972, DATED 1988 I' DATE ]990 I SURVEYOR J STRINGER & B BOTIIEL (LCSO) 1 SOURCE LCSO RE-ESTAB 11695 I MONUMENT PK NAIL SET BY C]TY OF SPRlNGFIELD , FOUND AND LCSO BRASS CAP 2-1/2" BELOW ACP (SET IN RE-ESTAB 10972) I. MONUMENT REMOVED FOUND CAP, ADDED "]990", RESET CAP FLUSH WI ACP SET FOOTNOTE 1 BEARING OBJECTS] -8 BEARING OBJECT 9 FOUND CITY OF SPRlNGFIELD LEAD AND TACK SE'L Y @ 52 60 BEARING OBJECT 10 I FOUND C]TY OF SPRINGFIELD LEAD AND TACK SW'L Y (aj 52 45' I BEARING OBJECT]] FOUND CITY OF SPRINGFIELD LEAD AND TACK N'L Y (Ii) 3306' I BEARING OBJECT ]2 SET ]-1/2" BRASS STEM CAP IN CURB MARKED "RP-] 1990" BRS NE'LY (a) 56 08' I BEARING OBJECT] 3 SET 1-1/2" BRASS STEM CAP IN CURB MARKED "RP-2 1990" BRS NW'L Y (a) 48 06' FOOTNOTE 1) TIIE HISTORY OF BEARING OBJECTS I THROUGH 8 ]S DETAILED IN LCSO RE-EST AB 10972 (1988), NONE OF WHICH WERE FOUND IN RE-ESTAB ] ]695 (1990), WHICH FOLLOWED RECENT ROAD RECONSTRUCTION (SEE FOOTNOTE) NOTE BOLDED ENTRIES IN TIIE ABOVE TABLE WERE FOUND AND ARE FURTHER DESCRIBED IN 'EVIDENCE RECOVERED' BELOW ACCESSORIES OF RECORD INCLUDED IN HISTORY TABLE ABOVE AND NOT NOTED IN EVIDENCE RECOVERED BELOW WERE SEARCHED FOR AND NOT FOUND CORNER EVIDENCE IN APRIL OF 2005 THIS LCSO CREW FOUND AND TIED TIIE CORNER MONUMENT AND ALL REMAINING ACCESSORIES PRIOR TO CONSTRUCTION OF A NEW TRAFFIC ROUNDABOUT JUST EAST OF TIIE CORNER AT TIlA T TIME WE SET NEW ACCESSORIES TO PRESERVE TIIE POSITION OF TIIE CORNER. EVIDENCE RECOVERED (4/28/2005) AT TIIE CORNER POSfTlON WE FOUND TIIE 1988 LCSO BRASS CAP, WH]CH HAD BEEN RESET AND STAMPED ']990' IN RE-ESTAB ]1695 FIRM AND 2" BELOW TIIE ASPHALT ROAD SURFACE OF HAYDEN BRIDGE ROAD 1990 (11] FOUND LEAD AND TACK IN TOP OF CONCRETE CURB AT A CURB INLET BEARS NO'03'00"E@3305' (RECORD = N'L Y @33 06') 1990 (12] FOUND 1-]12" LCSO BRASS STEM CAP MARKED RPI ]990", IN TOP OF CURB, BEARS N53'56'20"E (aj 56 08 (RECORD=NE'LY@5608') = 1990 (131 FOUND 1-112" LCSO BRASS STEM CAP MARKED "RP2 ]990", IN TOP OF CURB, BEARS N46'06 OQ"W@48 05 (RECORD = NW'L Y @ 48 06') MONUMENT SET NO NEW MONUMENT WAS SET WE ACCEPTED THE FOUND BRASS CAP SET BY TIlE LCSO IN ] 988 (SEE RE-EST AB 10972) AS MARKING TIIE DLC CORNER. ACCESSORIES ESTABLISHED (4/28/2005) 2005114) SET ]-1/2" BRASS BIJITON STEM-CAP STAMPED 'LCSORPI 2005', IN TOP OF CONCRETE CURB, BEARS S3'59'40"E@ 249 24' TIIE CAP FALLS ALONGTIIE EAST SIDE OF LAURA ST AND 6' NORTII OF MAILBOX FOR HOUSE #2345 (CONTINUED) PRE-SUBMITTAL REC'O JUN 3 0 2008 LANE COUNTY SURVEYORS OFFICE DEPARTMENT OF PUBLIC WORKS , _"E 2 OF 3 FILE NO 17-03-47 WNW TRGCDB 1703847040 INDEX NO "\ 4 8 3 3 ( CORNER EVIDENCE CONTINUED) 2005 [15] SET 1-1/2" BRASS BUlTON STEM-CAP STAMPED LCSO RP2 2005 IN TOP OF CONCRETE CURB ALONG THE SOUTH SIDE OF HAYDEN BRIDGE ROAD, BEARS S82"46'50' W @ 25918 2005 [16] SET 1-1/2" BRASS BUlTON STEM-CAP STAMPED "LCSO RP3 2005", IN TOP OF CONCRETE CURB ALONG THE NORTII SIDE OF HAYDEN BRIDGE RO"UJ, BEARS N82"28'50"W@26025' IN NOVEMBER OF 2006 TIlE LCSO CREW RETURNED TO THE CORNER AREA THE ROUNDABOUT AND ROAD CONSTRUCTION HAD JUST BEEN COMPLETED THE CORNER MONUMENT AND SOME OF ITS ACCESSORIES HAVE BEEN DESTROYED WE FOUND AND ESTABLISHED TIlE FOLLOWING ACCESSORIES EVIDENCE RECOVERED (11/14/2006) THE BRASS CAP MARKING THE D L C CORNER WAS DESTROYED BY TIlE JUST -COMPLETED ROAD RECONSTRUCTION ITS POSITION FALLS IN TIlE MIDDLE OF THE EASTBOUND DOUBLE LANES GOING INTO TIlE ROUNDABOUT 1990 1111,1990 1121. 1990 113], AND 2005 (151 WERE ALL DESTROYED BY THE CONSTRUCTION WORK 2005 [14] "RPI" FOUND 1-1/2" BRASS BUlTON STEM-CAP STAMPED "LCSORPI 2005', IN TOP OF CONCRETE CURB, BEARS S3'59'50"E@24924' (RECORD ~ S3'59'40"E@249 24') 2005116] "RP3" FOUND 1-112" BRASS BUlTON STEM-CAP STAMPED , LCSO RP3 2005", IN TOP OF CONCRETE CURB ON THE NORTH SIDE OF HAYDEN BRIDGE ROAD, BEARS N82'28'50"W @260 25' (RECORD = N82'28'50"W @ 260 25') MONUMENT SET NO NEW MONUMENT WAS SET THE BRASS CAP WAS DESTROYED DURING THE ROAD RE- CONSTRUCTION IN TIlE PAST YEAR FOR REASONS OF SAFETY AND CONVENIENCE WE DECIDED NOT TO REMONUMENT TIlE CORNER POSITION WE SET NEW ACCESSORIES NEARBY wmCH ARE INTERVISIBLE AND CAN BE OCCUPIED OR TIED ACCESSORIES ESTABLISHED (11/14/2006) 20061171 "RP2" SET 1-1/2" BRASS BUlTON STEM-CAP, STAMPED "LCSO RP2 2006", BEARS N8'42'00"E@4574' THE CAP IS SET IN THE NEW CONCRETE SIDEWALK, 5' NORTII OF THE CURB ALONG THE NORTII SIDE OF HAYDEN BRIDGE ROAD, AND 9 EASTERLY OF A CATCH BASIN 20061181 "RP4" SET 1-1/2" BRASS BUlTON STEM-CAP, STAMPED 'LCSO RP4 2006", BEARS N76'18'20 E@ 14036' THE CAP IS SET IN A FLAT CONCRETE SURFACE ALONG THE EAST SIDE OF A PEDESTRIAN CROSSING THAT CUTS THROUGH A CONCRETE MEDIAN, 2' BEHIND THE BACK OF CURB 2006119] "RP5" SET 1-1/2" BRASS BUlTON STEM-CAP, STAMPED "LCSO RP5 2006", BEARS ST46'30'E@4574' THE CAP IS SET 2' NORTHEAST OF THE BACK OF SIDEWALK AND 6' WEST OF A WATER VALVE, AND IS' SOUTH OF TIlE SOUTH CURB OF HAYDEN BRIDGE ROAD NOTES AND OTHER INFORMATION BASIS OF BEARING .<\ SOLAR OBSERVATION WAS MADE USING THE HOUR-ANGLE METIIOD GEOGRAPHIC MAP LOCATION FOR FINDING THE CORNER AREA - NOT OF SURVEY GRADE ACCURACY NOTE THE LAT AND LONG WERE TAKEN WITII A HAND-HELD GARMlN GPS UNIT AT "RP5" (2006 [19J) THE DLC CORNER POSITION BEARS NT46'30"W@45 74' FROM "RP5" NAD 83/91 VALUES LATITUDE N 44'04'14 7' LONGITUDE W 123'01'47 9' EQUIPMENT USED WILD TC-IOOO TOTAL STATION HP-48 GX DATA COLLECTOR GARMlN GPSIlI GPS UNIT DATE OF SURVEY NOVEMBER 14 2006 BY PEDER ALLISON, PLS, ETII P.4H JON TESDELL LSI ET 11 .l T RYANERJCKSON,rj:&~tJBM1fTAL PEC'D JUN 3 0 2008 LANE COUNTY SURVEYORS OFFICE DEPARTMENT OF PUBLIC WORKS ~OUNDA~ 2006(18) "RP4" SET 1-1/2' BRASS CAP 'LCSO RP4 2006' BEARS N76.18'20'E @ 14036' ~\ --- 1;/( 2006 (17) "RP2" SET 1-1/2' BRASS CAP 'LCSO RP2 2006' BEARS N8'42'00'E @ 4574' \ 8\ \ I \ 2005 (16) "RP3" rOUND 1-1/2' BRASS CAP 'LCSO RP3 2005' BEARS N82.28'50'1J @ . 260 25' . ~ \0 ..: o '" \~ o 02 co ;z UJ o ~ ( 1 L ~ . I ~ 2006 (19) "RP5" SET 1-1/2' BRASS 'LCSD RP5 2006' BEARS S7'46'30'E @ 4574' PRE.SUBMIITAl REC'O JUN 3 0 2008 PAGE 3 OF 3 FILE NO 17-03-47 WNW INDEXl'IO. i 4 3:3 2> 6 ~- NO SCALE SECTION DIAGRAM Tl7S R31J SEC22 C I 45 C\J L C\J I C46 K u I w (/) 1C47 1 I \ 2005 (14) "RP1" FOUND 1-1/2' BRASS CAP 'LCSO RPl 2005' BEARS " S3.59'50'E @ 24924' . ~- LAURA STREET CAP , REGISTERED PROFESSIONAL LAND SURVEYOR , 'ifL0' ~. 9'-- OREGON JANUARY 20 , 989 JOHN L MATTHEWS JR , 2383 / RENEWAL DATE 12/31/06 1"0 5/8" IRON REBAR SOUTHEAST CORNER OF KING NHHUR SUBDMSION AS SHOWN IN REI" 1 'i.\ \ ;~rrPON5~f8AR po REI" 1 ~i ~ ~1 \ \ \ "~~\ 15600 5157 self'5146'E, 20757 If. \ \~ Ie ~ \\ \~ ~~ ~ \; ~ \~ ir t>l \"- f t21 .... \ ';C \t \ "0 ~ 1\' \ \ ~ ' I ~ \ t>l \ ~ \ '\ '0;\ ~~ \ g' ~ \ %,' ~ \ c~\ 'Ii. \ ~,g \ \'\ ' , \ \ \ THE PURPOSE: or THIS SURVEY IS TO MDNUMENl THE PROPERlY SHOWN AS TAl( lOT IJ300 ASSESSORS MAP NO 17-03-21-10 AND DESCRIBED IN WARRANl'l' DEED RECOROfO ON REEl 2547 RECEPTION NO 99042604 LANE COUNTY OREGON OEEO RECORDS THE NORTH RIGHT_ OF-WAY LINE or Q STREET WAS ESTABliSHED 8'1' HOLDING 3000 FED NORTHERLY fROM THE CHIITRUNE THE CENTERLINE or 0 STREO WAS ESTABLISHED BY HOUNG mE SOUTHEAST CORNER or OOf<ATION lAND CLAIM NO 47 AND THE NORTHWEST CORNER or DONATION LAND CLAIM NO 49 AND PROJECTING A LINE WESTERLY fROM SAID NORTHWEST CORNER THE WESTERLY RIGHT-Of-WAY LINE or PIONEER PAAKWAY WEST (OLD 2ND SlREET) WAS ESTABLISHED BY HOLDING THE 5/6" IRON REBAR MARKING THE SOUTHEAST CORNER or KING ARTHUR SUBDMSION AND THE sit!' IRON REBAR THAT BEARS SOUTH 140145 E 29781 fEET AND PROJECTING A UNE SOVTHEASTERLY fROM THE LAST MENTIONED REBAR THE CENTERLINE Of LAURA STREET WAS ESTABLISHED BY HOLDING THE WEST-NORTHWEST CORNER or DONATION lAND CLAll.l NO 47 AND THE CENTERUNE-CENTERUNE INTERSECTION Of SHELlEY STREET AND LAURA STREET WHICH WAS COl.lPUTED fROM THE REfERUICE MONUl.lENTS THE WEST BOUNDARY WAS ESTABLISHED PARAlLEL TO AND 69759 fEET fROIA THE CENTtRLlNE Of LAURA STREET AS PER REfERENCES II THE NORTH BOI.lNOAR'f WM, ESTABLISHED BY fiRST INTERSECTING THE CENTERLINE Of Q STREET WITH THE WEST RIGHT-Of-WAY LINE Of THE SOUTHERN PACifiC RAlLROAD THEN RUN AlONG THE RAILROAD RIGHT-Of-WAY LINE SOl 00 fEET THEN RUN PARALLEL TO THE CENTERLINE Of 0 STREET THE FILLET LOCATED AT THE SOUTHEAST BOUNDARY WAS ESTABLISHED USING DATA Of RECORD AS PER REfERENCE 4 AND SHOWN HEREON l.lONUMEN1S WERE SET AT THE INTERSECTION Of THE NORTH AND WEST BOUNDARIES WEST BOUNDARY AND NORTH RIGHT-Of-WAY LINE Of 0 STREET AND THE NORTH BOUNDARY AND THE WESTERLY RIGHT- OF-WAY LINE OF wrST PIONEER PARKWAY AND SHOWN HEREON THE CALCULATED OtSTANCE Of THE WEST LINE Of DONATION lAND ClJ\Il.l NO 47 IN REfERENCE 2 IS 143 fEEl SHORTER TIiEN MY CAlCULATED DIS1ANCE WHICH IS PROBABLY FROM THE WAYS EACH Of US ESTABliSHED THE SOVTH LINE or SAID DONATION lAND CLAlU LINE REFERENCES ( )1 CSf 24570 BY ROBERTS fiLED OECEl.lBER 26 1980 ( )2 CSf 16149 BY STEMM FILED DECEl.lB(R 1969 ( )J C Sf 27167 BY OlSON fiLED fE8RUARY 20 1987 ( )4 WARRANTY DEED RECORDED ON REEL 2S47 RECEPTION NO 99042604 LANE COUNTY OREGON DEED RECORDS LANE COUNTY SURVEYOR S OHlcr RE-ESTABLISH CORNER REPORT INDEX NO S )5 111910 ( )6111911 ( )7/'2262 ( )Bll0972 ( )9111695 )10 CITY Of SPRINGfiELD CENTERLINE ~ONUMENTATION BOOK )11 WARRANTY DEED RECORDED ON REEL 747R RECEPTION NO 7524839 LANE COUNTY OREGON DEED RECORDS 1 WEST-NORTHWEST CORNER JACOB IW..S1'EAD DONATION LAND CLAlt.! NO 47 fD 2-J/4 LANE COUNTY I ~i{...~~pS g':;'~5E 1988 &: 1990 i SEE REf 6 &: 9 \1, l~ tt:-:;'.... ~~~ 13 ,,:, --.!..u ~;~ 1~ ~g~ l5 iII.... l'.i 18 TAX LOT #3300 219 ACRES 't FD LEAD I t: "'TACK ~ REf 10 (4305)10", ~~ "" ~~.e-; SHELLEY 1:- ~; rJJ STREET n "> 4265 i!: (4285)10 ~ :s~~ ro LEAD I ~3.::::i 6: TACK "'Il:C REF 10 ~ ~ ~ ~ ~ c :T o z N8~51 48"W 21322 (N88003rW) (10830)4 N895T 40W ~30_ b-------- _ (697592:.'-1: NORTH 3000 -'t- ~0l!18--1l-- _ SOUTHWEST CORNER JIOOB HAlSTW> OOtIATlON v.ND ClAIloI NO 47 COI.lPUTED POINT S895145E JJ9056 "Q" STREET ASSESSOR S t.IAP NO 17-03-27-10 TAX LOT 13300 PLon[R - IiP.3O OCSIC~ET ,~~ CNl~101;( - liP '~16.()J, flU! _ ~OHTl~tNT>.L "'.....NlI JPC-."'1 NARRATIVE NOTES 1) t..IEASURED BEARINGS AND DISTANCES EQUAl OATA Of RECORD UNLESS OTHERWISE NOTED 2) THE CENTERLlNES OF Q STREET AND LAURA STREET ARE ALSO CONSIDERED TO 8E THE DONATION LAND ClAIM LINES AS SHOWN IN PASTSUR\IEYS J) OUR r1ELD WORK WAS PERFORMED IN 2004 AND BECAUSE Of ROAD CONSTRUCTION ON HARLOW ROAD THE WEST -NORTHWEST CORNER OF DONATION lAND ClAIM NO 47 I.lAY HAVE SEEN DESTROYED ! N I LANE COt.tH~ SISIV[v~S OFFICE C S FILE NO 40/83- FILlNI> O~TE ~l'..~AN'O"1 rc:::- RECORD OF SURVEY LOCATED IN NEt /4 SECTION 27 T17S R3W W M (CITY OF SPRINGFIELD) LANE COUNTY OREGON FOR THOMAS FOX PROPERTIES BY ROBERTS SURVEYING INC POBOX 7155 EUGENE, OREGON 974D1 PHONE (541 )-345-1112 SCALE 1 5D' DECEMBER 15, 2DD6 LEGENO . t..IONUUENTS fOUND AS NOTED MONUl.lENTS sa 5/8 X ~ IRON REBAR WITH YELLOW PlASTK: C"P STAt..IPEO ROSERTS SURV INC COl.lPUTEO POINT NOTHING rOUND OR sa DATA OF RECORD DENOTES LINE NOT TO SCALE COUNTY SURVEY fiLE NO o , ( ) -1r- CH SOlltHWE'ST CORNER WC SPENCER DONATION LAND ClAIlIl NO 50 ro 2-3/ff lANE COUNTY SURVEYORS OffiCE BRASSC/l,PDATmlg91 SEE REF 6 fD 1-1/7 lANE COUNTY SURVEYORS OFfICE 8RASSC/l,PQATEOI99T REfERENCE MONUf.lENT SEE REf S (-\'5.5 -\'5.51;00-11> <s It '<5 '<5 g;)s ~ (EAST 78471)3 N895140W 7a469 - -1f-- OONATION lANDClAlM LINE NORTHWEST CORNER E.W POWERS OONAllON LAND ClAIlr,l NO 49 ro 2-J/~ lANE COUNTY PUBLIC WORKS DEPT ~RAJ6N\9CitNV"~E1971 SEERE,7 Sotmlu.sT CORNER """" HAlSTW> DONATION l>>ID ClJ.IIol COf.lPUJEDPOINT SEE REf 5 " . . " fO 2-3/1i lANE COUNTY SURVEYORS OffiCE BRASS CAP DATED 1991 REfERENCE r..lONlI~ENT SEE REf 5 FO I-liT LANE: COUNTY SURVEYORS OfFICE BRASS CAP DATED 1991 REFERENCE MONUIolENl SEE REf 5 (1461)5 NO 47 ( Rt:(;l5T~JlEO :A~O;E;uS~LIl ~- PRE-SUBMITTAL REC'D JUN 3 0 Luuo 4 \. . / ----r--- c\)\[~ \ ~ I DEClARATION OF EASEMENTS FOR ACCESS, DRIVEWAY AND PARKING, "TIUTlES, 1 I AND MAINTENANCE RECITALS A Skyvlew, LLC, a Utah Limited Liability Company and South Plaza II, LLC, an Oregon Limited Liability Company (Deciarants) are the owners of the follOWing descnbed real property Parcels 1 and 2 of Lane County Land Partition Plat No recorded , 2008, Document No 2008- the Lane County Oregon Deeds and Records , of B Parcels 1 and 2 were created by wmsr partition, tentative approval of which was granted by the City of Spnngfield, Case No SUB2008-00006 Approval was conditioned upon the creation of access and parking nghts on and across Parcel 1 and Parcel 2 for the benefit of Parcels 1 and 2 C The purpose of thiS Instrument IS to create mutual, reciprocal dnveway, parking and utility easements, and a maintenance agreement over the area depicted on Exhibit A attached hereto The easements granted by thiS Instrument are Intended to be appurtenant to and benefit both Parcel 1 and Parcel 2 DECLARATION OF EASEMENT 1 Easements Created Declarants hereby create and grant the follOWing perpetual, nonexclUSive and reciprocal easements to serve Parcels 1 and 2 1 1 A reciprocal access and dnveway nght of way over and across Parcels 1 and 2 The access dnveway IS generally located as depicted on Exhibit A 1 2 A reciprocal parking easement over and across Parcels 1 and 2 The current location of the parking on Parcel 2 IS depicted on Exhibit A The owners of Parcels 1 and 2 may reconfigurefthe parking location on Parcels 1 and 2 so long as any such reconfiguratlon complies With at 1'>>..0.( f(r>U\ f- least the minimum parking reqUIrements of the City of Spnngfield --:v Xfl"<' () .J 11 Mtll\18113S1 g,;,ar. to support the use on Parcels 1 and 2 (po-.x AFTER RECORDING RETURN TO: Bret Fox Thomas Fox Properties 515 W Ptckett Crrcle, # 400 Salt Lake City, Utah 84115 PRE.SUBMITTAL REC'D JUN 3 0 Z008 1 3 A reciprocal easement over Parcel 1 and Parcel 2 for the construction, maintenance, and repair of the private utilities The utilities Include, but are not limited to, SUB electriC, SUB water, phone, cable, gas, SaIl!tary .llew_~r Sel"l.'lce,_a,ncj storm ctraln~g~~Y21ellJsJh~1-s_eJye the Individual umts Said private utilities are located over and across said Parcels 1 and 2 although the exact locations of the underground utilities are not known ThiS easement IS Intended as a blanket easement to cover the utilities as they are currently located Any relocalion of the eXisting utilities or construction of new utilities shall be approved by the owners of the Parcel encumbered by the ulililies The owner (or the owner\; agent) of each umt shall have the perpetual right to enteLupon the land contalmng_utllitles at any_reasonable tlmeJo_malntaln and/or repair underground utilities on the condition that the property shall be returned to the same condition as eXisted prior to such maintenance andlor repair A sketch illustrating the approximate locations of the easements IS attached as Exhibit A 2 Easement PrOVISions The terms of these easements are as follows 2 1 Puroose The easements are for vehicular, bicycle and pedestrian access, driveway use, parking, utllilies, and maintenance of driveway, parking areas and ulilitles The easements are Intended to benefit both Parcel 1 and Parcel 2 The use of the easements shall be on a regular, conlinuous, nonexclUSive, non- priority baSIS, benefiting the current owner and ItS successors, assigns, lessees, mortgagees, Invltees, guests, customers, agents and employees These easement rights shall not lapse due to failure to use the easements on a continuous baSIS 2 2 Use of Burdened Prooertv The owner or occupier of Parcels 1 and 2 shall have the right to use their property, Including the area deSCribed In the easements, for any purpose prOVided the owner or occupier does not Interfere with the reasonable use of the easement as granted by thiS Instrument No bUilding, shrub, tree or other phYSical Impediment shall be placed within the easement area by any person In such a manner as to Interfere with or preclude ItS use as an access, driveway and parking area for Parcels 1 and 2 2 3 Private Grant The easement created by thiS Instrument does not constitute a dedication or grant for public use 2 4 Maintenance and Reoalrs The cost of normal maintenance or repair of the easements shall be apportioned equally between the owners of Parcels 1 and 2 The cost for exceptional or unusual maintenance or repair occasioned solely by the actions of the owner or occupier of one parcel only shall be borne exclusively by the owner or occupier necessitating the repair or maintenance 2 5 Real Prooertv Taxes Real property taxes shall be paid by the fee title holder PRE-SUBMITTAL REC'O JUN 3 0 2008 " 2 6 Matters of Recorg The easements created by this instrument are subject to all hens, encumbrances, easements, reservations, restrictions, covenants and conditions of record 3 Enforcement If any Sl.lIt, a-ctlon, or other proceeding or appeal ttierefrom, is Instituted to enforce, compel or clarify any right or obligation created IrI this IrIstrument, the prevalhng party shall be entitled to receive from the adverse party, In addition to costs and disbursement, an award of reasonable attorney fees to be set by the trial or appellate court 4 Successors In Interest. Recordation The prOVIsions of thiS IrIstrument touch and concern, and relate to the use of Parcels 1 and 2 and are Intended to be covenants and restrictions runnlrlg With the land ThiS document shall be recorded In the Real Property Records of Lane County, Oregon All the prOVISions of thiS Instrument, IrIcludlng the benefrts and burdens, are binding on and lrIure to the heirs, successors, assigns, transferees, and personal representatives of all parties who own either Parcel 1 or 2 5 No Meraer The easements created by thiS Instrument shall remain separate from the fee title, so It may run With the land and benefit the heirs, successors and assigns of the owners of the benefited properties ThiS Instrument and agreements herein are not subject to the doctrine of merger 6 Construction The reCitals and all exhibits attached to thiS Instrument are Incorporated herein by thiS reference Whenever reqUired by the context, the Singular shalllrlclude the plural, and the masculine shalllrlclude the femlrllne, and vice versa Dated thiS _ day of 2008 PRE-SUBMITTAL REC'D JUN 3 0 Z008 DECLARANTS SkYVlew, LLC South Plaza II, LLC By By Its Its STATE OF OREGON ) ) ss ) County of Lane This Instrument was acknowledged before me on as of SkYVlew, LLC , 2008, by Notary Public for Oregon My commiSSion expires STATE OF OREGON ) ) ss County of Lane ) This Instrument was acknowledged before me on as of, LLC , 2008, by Notary Public for Oregon My commiSSion expires PRE-SUBMITTAL REC'D JUN 3 0 2008 ; , EXHIBIT "A" .,'),<S> ....v \ \ I (B) ..t4 ~ I". . ,~~, ::-11'-- "~i~"L I'~'t ~.," ~= - 0 i 7jf-:':-- LrL: . -- . ---' ~\- \ :' COLJl"R?,.,., i3tfl!l'J.>t3 - -(il$ ~A':;~ /IN''"':;:::1i''!Y .,'.11.. ,- '., ~ ., " ~~-~.pAR , -"SJ 01..t - . . -; NOT TO SCALE It) 0> : It) 0> ~ ~ ~ ,~ . _11 . ~~~~t-- jJ 1 I IJJJ; ;lKOiERT>r !.#}[ ( """ r f r-.. 66.42' ,I ~ ~. 89'57'13" W 10 I ' .,#' ~ I [ ,um._ r ....v j; : :: ~~~-=1 D:: -oT .. q T ~ :! ~;;!;r', -',- ~-'~;;;"'-~ ~ ;-...., fI !(IP '" j'.... I ~t.., HU->!'L ~ : f- ~~I$ 21!~ PARCEL B -~ ~ r ;.s: 162'~1~jo SQ FT ~ ~J << H 7-:: 'S1j~ I ""H" " ;" .....-- ( "....... ;<O{fr ~ .........~.-. I. ; J.:: '" I n5,;.-"'f '..~ --=-- ,\ l .'.J') ,'(4(}... ; I 1;' I ~~: ~ ~~ ~.~.. <~r : u ~%'<.~. rf~,,- Jrrl'~{ f)f"::ftJ1'1"tfii~~ t>?$:rF' UM: 1 t t 1 t f rf ~ ~ I ~ g~. .. \~ .' - 0 \() ~ \ ill' \ m - €- "Q" STREET I --------- ... "