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HomeMy WebLinkAboutPlat, Subdivision PLANNER 8/6/2008 , Surveying Approval For Final Plat Sub.L.LAission Name of Plat: 7.iiDMA~ F"o)< R1Z.TITi ON I have checked thrgugh submitted documents, and the followmg have been submitted [t"~lar of plat (and bond copy) r;;:Y'(1) Concurrence(s) / Consent Affidavlt(s) (and copIes for Plannmg) o (1) Ongmal signed Improvement Agreement(s) (and copies for Planrung) - 0 (1) Ongmal sIgned Easement(s) (and copies for Planmng) o o *UPDATED* Post-MonumentatlOn Deposit Form and Fee o These documents are the only ones the Survey DIVISIOn reqUIres for the Fmal Plat submiSSIOn Smcerely, Denms Ernst ~ Date Recl:l!\fEid AUG - 6 2008 Ongmal Submittal V \FORMS - PUBLIC WORKS\Engmeenng DlV1SlOn\SatIsfactlon Survey\SURVEY SECTION\Checkhst for City Plat Checker only\ARCHIVE\Surve} mg Appro\ al Memo doc SubdiVISIon Guarantee Guarantee No 7199-1134075 Page 1 of 5 ~ ... N C.., ~.. <, . . ~_ "'" 1# First American First Amencan Title Lnsurance Company of Oregon 600 Country Oub Road Eugene, OR 97401 Phn - (541)484 2900 Fax - (541)484-7321 SUBDIVISION GUARANTEE For the Proposed Plat of: Q &. Pioneer Parkway GUARANTEE NO 7199-1134075 FEE $ 0.00 YOUR REF First American Title Insurance Company of Oregon reports to The Oregon Real Estate Commission, and any County or City Within which said subdiVISion or proposed SubdIVISion IS located That, according to the public records which Impart constructive notice or matters affecting btle to the premises hereinafter referred to, we find That the last deed of record runs to Skyvlew, LLC, a Utah Limited Liability Company, as to a 50% Interest and South Plaza II, LLC, an Oregon Limited Liability Company, as to a SOOfo Interest, as tenants In common We also find the follOWing apparent encumbrances, which Includes "Blanket Encumbrances" as defined by ORS 92 305 (1), and also easements, restrrctlve covenants and rrghts of way prror to the effective date hereof 1 Taxes for the fiscal year 2008-2009 a Iren due, but not yet payable 2 The rrghts of the publiC In and to that portion of the premises herein descrrbed lYing Within the Irmlts of streets, roads and highways Date Received: AUG - 6 2008 Onglnal Submittal First Amencan TFtle SUbdiVISIon Guarantee Guarantee No 7199-1134075 Page 2 of 5 3 Covenants, conditions and restrictions, including the terms and provIsions thereof, contained In Declaration recorded December 06, 1945 In Book 304, Page 53, Deed Records of Lane County as follows "1 No residence smaller than 800 Sq Ft and costing less than Four Thousand Dollars ($4,00000) shall be permitted on any part of this land and each bUilding constructed or placed on said land shall, within ninety days of Its erection, be painted with two coats of good quality paint 2 Before anyone occupy a permanent residence on any part of these premises, said residence shall be connected With a standard septic tank which shall be properly maintained at all times and the absorption field of said septic tank must pass approved requirements " 4. Easement, including terms and provIsions contained therein Recording Information April 19, 1974, Reception No 74-15867, Dffioal Records of Lane County, Oregon In Favor of' City of Springfield For sallltary sewer/storm drainage facIlity 5 Easement, Including terms and provIsions contained therein. Recording Information November 15, 1988, Reception No 88-47911, Official Records of Lane County, Oregon In Favor of City of Springfield For storm drainage facIlity and/or sallltary sewer 6 Easement, Including terms and provIsions contained therein Recording Information' March 27, 2007, Reception No 2007-020308, Official Records of Lane County, Oregon In Favor of City of Springfield, a mUlllclpal corporation, In Lane County, Oregon For public utilities 7 Line of Credit Trust Deed, including the terms and provIsions thereof, given to secure an Indebtedness of up to $6,920,000 00 Grantor Skyvlew, LLC, a Utah Limited Liability Company, as to a 50% Interest and South Plaza II, LLC, an Oregon Limited Liability Company, as to a 50% Interest BenefiCiary Umpqua Bank Trustee First American Title Insurance Company Dated' April 06, 2007 Recorded April 10, 2007 Recording Information 2007-023812, Official Records of Lane County, Oregon Date Received: AUG - 6 200S FIrst Amencan ntJe Onglnal Submittal SUbdiVISion Guarantee ) Guarantee No 7199-1134075 Page 3 of 5 8 Assignment of leases and/or rents and the terms and conditions thereof Assignor Skyvlew, LLC, a Utah limited liability Company, as to a 50% Interest and South Plaza II, LLC, an Oregon limited liability Company, as to a 50% Interest AsSignee Umpqua Bank Recorded Apnl 10, 2007 Recording Information 2007-023813, Official Records of Lane County, Oregon 9 FinanCing Statement, indicating a Secunty Agreement Debtor Skyvlew, LLC, a Utah limited liability Company and South Plaza II, LLC, an Oregon limited liability Company Secured Party Umpqua Bank Recorded May 11, 2007 Recording Information 2007-32076, Official Records of Lane County, Oregon 10 Easement, including terms and provIsions contained therein Recording Information January 23, 2008, Reception No 004243 In Favor of Qwest Corporation For telecommUnication facilities 11 Declaration of Reciprocal Easements, Covenants, Conditions and Restrlctlons, including terms and prOVISions thereof Recorded July 24, 2008, Reception No. 2008-042806 12 Lease and the terms and conditions thereof as disclosed by Memorandum of Lease Lessor Skyvlew, LLC, a Utah limited liability company and South Plaza II, an Oregon limited liability company Lessee Walgreen Co , an IllinOIS corporation Recorded July 24, 2008 Recording Information 2008-042807 NOTE Taxes for the year 2007-2008 PAID IN FULL Tax Amount. $3,730 70 Map No 1703271003300 Property lD 0228104 Tax Code No 01900 We have also searched our General Index for Judgments and State and Federal liens against the Grantee named above and find -NONE- The premises are In Lane County and are descnbed as follows' The land referred to In this report IS descnbed In Exhibit A attached hereto !)qte Reeeived: 1 AUG - 6 2008 FIrst Amencan T7tfe Onglnal Submittal SubdiVISion Guarantee Guarantee No 7199-1134075 Page 4 of 5 THIS IS NOT A TITLE GUARANTEE since no examination has been made of the title to the above desCribed property Our search for apparent encumbrances was limited to our Tract Indices and therefore above listings do not Include additional matters which might have been disclosed by an examination of the record title We assume no liability In connection With thiS SubdiVIsion Report and will not be responsible for errors or omissions therein Dated January 18, 2008 First American Title Insurance Company of Oregon, By -~r~/" ~ Ifcinald Denton, Authorized Signatory RAD/RAO Date Received AUG - 6 2008 First AmenCiln Tide OngInal Submittal , . SubdIVISion Guarantee Guarantee No 7199-1134075 Page S of S ExhibIt "A" Real property In the County of Lane, State of Oregon, described as follows A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE NORTH MARGIN OF "Q" STREET, SAID POINT BEARING NORTH 30 00 FEET FROM A POINT ON THE SOUTH LINE OF THE JACOB HALSTEAD DONATION LAND ClAIM NO 47 WHICH BEARS SOUTH 89052'14" EAST 697 61 FEET FROM niE SOUTHWEST CORNER THEREOF AND NORni 89052'14" WEST 2605 90 FEET FROM A BRASS CAP REFERENONG THE NORniWEST CORNER OF niE E W POWERS DONATION LAND ClAIM NO 49, THENCE LEAVING SAID NORTH MARGIN OF "Q" STREET BEARING NORTH 455 77 FEET, THENCE PARAllEL Wffi-l SAID SOUTH LINE OF THE JACOB HAlSTEAD DONATION LAND ClAIM NO 47 SOUTH 89052'14" EAST 156 00 FEET TO A POINT ON THE WEST MARGIN OF PIONEER PARKWAY WEST, SAID POINT BEING 80 00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF THE SOUTHERN PAORC RAILROAD RIGHT-OF-WAY AS DEPIcrED ON COUNTY SURVEY FILE 40183, ON FILE IN THE LANE COUNTY SURVEYOR'S OFACE, THENCE ALONG SAID WEST MARGIN OF PIONEER PARKWAY WEST SOUTH 14001'45" EAST 409 17 FEET, AND SOUTH 35026'29" WEST 72 37 FEET, REl1JRNING TO SAID NORTH MARGIN OF "Q" STREET; THENCE ALONG SAID NORTH MARGIN OF "Q" STREET NORTH 89052'14" WEST 213 24 FEET TO THE POINT OF BEGINNING, All IN LANE COUNTY, OREGON Tax Parcel Number 0228104 Date Received: AUG - 6 2008 Onglnal Submittal First American Title erR".I",,',I',;,IUlQD'VIIV ".... Ameri.... TltIo TL 17032710033001 APN0228104 POBox 10146 FIrStAM #7191-978162 CGF Bugene,OR 97440 ;.,- RETURN RECORDED DOCUMENT TO to/V /t" Walgreen Co Real Estate Law Cep! 104 Wilmot Road, MS #1420 Ceerfield, illinOis 60015 Attn Charles Kaufman Store #10812 ( D,v,sion of ChIef Depuly Clerk Lane County Deeds and Reco~ds " l008.0~l806 $131.00 This Instrument Prepared by Knstme Ilda 104 Wilmot Road Deerfie/d, /IImols 60015 11111" 11111111111111111111111111111111111111 '1'14417200~0J428060210213 RPR REST C l 2 Sl 07/24/200803:40:16 PM - n = n=15 CASHIER 02 $5 00 $105 00 $10 00 $11 00 DECLARATION OF RECIPROCAL EASEMENTS. COVENANTS. CONDITIONS AND RESTRICTIONS THIS DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS, CONDITIONS AND i~ICTIONS (this 'Declaration") IS made and entered Into as of this 1M... day of ) . ?.n07, by SKYVIEW, LLC, a Utah limIted liability company, and SOUTH PLAZA II, LL , an 'Oregon limited liability company (hereinafter, JOintly and severally, referred to as the 'Declarant") RECITALS. A Declarant IS the owner of certam real property situated In the City of Spnngfield, County of Lane, State of Oregon, compnsed of the following two (2) parcels (the 'Property") (I) that certain parcel Identified as a subdivIsion of "Lot 3300", and legally descnbed on Exhibit A attached hereto and Incorporated herein by this reference (hereinafter sometimes referred to as 'Parcel A"), and (II) that certain parcel IdentIfied as a subdivIsion of Lot 3300, and legally described on said ExhIbit A (hereinafter sometimes referred to as 'Parcel B") B Declarant Intends to develop Parcel B for use by Walgreen (as hereinafter defined) C The Parcel A Owner Intends to sImultaneously or thereafter develop or allow or cause the development of Parcel A D Declarant deSires to Impose certain easements upon the Parcels, and to establish certain covenants, conditions and restnclions WIth respect to said Parcels, for the mutual and reciprocal benefit and complement of Parcel A and Parcel B, and the present and future owners and occupants thereof, on the terms and conditions hereinafter set forth NOW, THEREFORE, In conSideration of the above premises and of the covenants herein contained, Declarant hereby declares, covenants and agrees that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, ~asements, restnctlons and conditions hereinafter set forth In this Declaration, so that said Parcels shall be maintained, kept, sold and used In full compliance With and subject to this Declaration and, In connection therewith, Declarant on behalf of Itself and ItS successors and assIgns, declares as follows LP 10627674 \ 341]8-66399 .' AGREEMENTS 1 Definitions For purposes hereof (a) The term "Owner" or "Owners" shall mean the Parcel A Owner (as to Parcel A), and the Parcel B Owner (as to Parcel B), and any and all successors or assigns of such persons as the owner or owners of fee simple title to all or any porllon of the real property covered hereby, whether by sale, assignment, mhentance, operation of law, trustee's sale, foreclosure, or otherwise, but not Includmg the holder of any lien or encumbrance on such real property (b) The term "Parcel" or "Parcels" shall mean each separately Idenltfied parcel of real property now constltutmg a part of the real property subjected to thiS Declaration as descnbed on Exhibit A, that IS, Parcel A and Parcel B, and any future subdiVISions thereof (c) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, mVltees and licensees of (I) the Owner of such Parcel, andlor (II) such tenant(s) or occupant(s) (d) The term "Common Area" shall mean those portions of Parcel A and Parcel B that are outSide of exterior walls of bUildings or other structures from time to time located on the Parcels, and which are either unrmproved, or are Improved as (wrthout limitation) parkmg areas, landscaped areas, dnveways, roadways, walkways, light standards, curbmg, paving, entrances, eXits and other Similar extenor site Improvements (e) The term "Walgreen" or "Walgreens. shall mean Walgreen Co, an IIImols corporation (or any of ItS affiliates, Subsldlanes, successors or assigns) Walgreen shall be deemed a third party benefiCiary to thiS Declaration (f) The term "Walgreen Lease" or "Walgreens Lease" shall mean that Lease of Parcel B from the Parcel B Owner, as landlord, to Walgreen, as tenant, and any amendments, extensions or replacements thereof (g) The term "Site Plan" shall mean that site plan of the Parcels attached hereto as Exhibit B and by reference made a part hereof Except as may be otherwise prOVided m thiS Declaration, the Site Plan IS for ,denllflcatlon purposes only (h) The term "Dnveway", smgularly, and "Dnveways", collectively and severally, shall mean each and all the dnveways and related dnveway Improvements, pavmg, curbmg, entrances and eXits, m the location on Parcel B as shown on the Site Plan 2 LP 10627674 \ 34118 66399 2 Easements 2 1 Grant of Reclorocal Easements Subject to any express conditions, limitations or reservations contained herein. Declarant hereby declares, grants and establishes that the Parcels, and all Owners and Permittees of the Parcels. shall be benefited and burdened by the following nonexclusive, perpetual and reciprocal easements which are hereby Imposed upon the Parcels and all present and future Owner's and Penmttees of the Parcels (a) An easement for reasonable access, Ingress and egress over all Dnveways as presently or hereafter constructed and constituting a part of Parcel B, so as to provide for the passage of motor vehicles and pedestnans between Parcel A, and to and from all abutting streets or nghts of way furmshlng access to Parcel B, (b) An easement upon, under, over, above and across the Common Areas of the Parcels for the discharge, drainage, use, detention and retention of storm water runoff In the manner and In the location indicated on the Site Plan, and to Install, maintain, repair and replace storm water collection, retention, detenllon and dlstnbutlon lines, condUits, pipes and other apparatus under and across those portions of the Common Areas Indicated on the Site Plan The storm water detention areas, If any, Indicated on the Site Plan, and all lines, condUits, pipes and other apparatus for water drainage, and all storage systems necessary In connection thereWith, shall be hereinafter called the "Water Detention and Drainage FaCilities" The easement granted herein shall Include the right of reasonable Ingress and egress With respect to the Water Detention and Drainage FaCilities as may be reqUired to malntam and operate the same The Water Detenllon and Dramage Facilities reqUired for Parcel B shalllmtlally be constructed by the Declarant In accordance With the Site Plan and pursuant to Plans approved by Walgreen under the Walgreen Lease, as a part of the mlllal development of the Walgreens Improvements on Parcel B under the Walgreen Lease Once constructed by the Declarant (I) the Water Detention and Drainage FaCilities reqUired for Parcel B shall not be modified, altered, relocated or otherwise changed, Without the prior written consent of all Owners and Walgreen (dunng the contmuance of the Walgreen Lease), and, (II) each Owner shall operate and malntam, or cause to be operated and maintained, 10 good order, condition and repair, the Water Detention and Drainage FaCilities located upon Its Parcel and make any and all repairs and replacements that may from lime to time be reqUired With respect thereto, (c) An easement under and across those parts of the Common Areas that are not wlthm any permiSSible bUilding areas shown on the Site Plan, for the mstallatlon, maintenance, repair and replacement of water mains. storm drains, sewers. water spnnkler system lines, telephone or electrical condUits or systems, cable, gas mams and other utility facllllles necessary for the orderly development and operallon of the Common Areas and each building from time to time located Within the Parcels, prOVided that (i) the nghts granted pursuant to such easements shall at all times be exerCised In such a manner as not to Interfere materially With the normal operation of a Parcel and the bUSinesses conducted therein, (II) the exact location of any utilities shall be subject to the approval of the Owner(s) of the burdened Parcel(s), such approval not to be unreasonably Withheld, delayed or condllloned, and (III) except In an emergency, the right of any Owner to enter upon the Parcel of another Owner for the exercise of any right pursuant to such easements shall be conditioned upon provldmg reasonable prior advance wntten notice to the other Owner (and, as to any entry upon Parcel B dUring the continuance of the Walgreen Lease. Walgreen) as to the time and manner of entry All such systems, structures, mams, sewers, condUits, lines and other public utilities shall be mstalled and mamtamed below the ground level or surface of the Parcel (except for such parts thereof that cannot and are not Intended to be placed " 3 LP 10627674 \3411866399 " below the surface, such as transformers and control panels, which shall be placed In such location as approved by the Owner of the affected Parcel and Walgreen, such approval not to be unreasonably withheld, delayed or condllloned Once the initial construction of Parcel B shall be completed by the Owner of Parcel B pursuant to the Walgreen Lease, thereafter no additional utility easements affecting Parcel B shall be Installed without Walgreen's consent (durrng the continuance of the Walgreen Lease), which consent Walgreen shall not unreasonably withhold, delay or condition, and (d) An easement for the parking of vehicles In the parking areas deSignated as part of the Common Areas of the Parcels, as such parking areas are indicated on the Site Plan and as the same may be modified or removed from time to lime by the Owner of the Parcel upon which the parking areas are located(the "Parking Easement") (e) An easement upon Parcel B In the area shown on the Site Plan for the construction, reconstrucllon, replacement, operallon, maintenance and repair of a sign structure, such sign to be two sided 100 square feet per side (for an aggregate of 200 square feet total In size (such sign herein referred to as the "Parcel B Sign") The easement granted herein shall be over, under, upon and across that portion of Parcel B Identified on the Site Plan, and shall Include the nght of reasonable access over, under, upon and across Parcel B to Install, replace, m8lnt8ln, repair and operate the Parcel B Sign and a utility line, pursuant to the terms and conditions set forth In paragraph 2 1(c) above, In order to provide such Parcel B Sign and all panels thereon With power to Illuminate the same Once the Parcel B sign IS constructed, the Parcel B Owner shall thereafter maintain, operate, Illuminate and repair such Parcel B Sign and utility line The cnterra for the Parcel B Sign and all sign panels to be Installed on the Parcel B Sign are set forth In Exhibit C Seventy- five percent (75%) of the area of the Parcel B Sign shall be for the use of Walgreen dunng the continuance of the Walgreen Lease (or for the use of such other persons or entities as Walgreen, durrng the continuance of the Walgreen Lease, shall permit) and, after the expiration or termination of the Walgreen Lease, for the exclUSive use of the Owner andlor Permittees of Parcel B as the Owner of Parcel B shall determine The balance of the panel area of the Parcel B Sign shall be for the use of those Permittees of Parcel A as approved by the Parcel A Owner for such purpose (f) An easement upon Parcel A In the area shown on the Site Plan for the construction, reconstruction, replacement, operation, maintenance and repair of a sign structure to be two sided and 100 square feet per side, 200 square feet total In size (such sign herein referred to as the "Parcel A Sign") The easement granted herein shall be over, under, upon and across that portion of Parcel A Identified on the Site Plan, and shall Include the rrght of reasonable access over, under, upon and across Parcel A to Install, replace, maintain, repair and operate the Parcel A Sign and a utility line, pursuant to the terms and condrtlons set forth In paragraph 2 1(c) above, In order to provide such Parcel A Sign and all panels thereon With power to illuminate the same Once the Parcel A Sign Is constructed, the Parcel A Owner shall thereafter maintain, operate, Illuminate and repair such Parcel A Sign and utility line Twenty-five percent (25%) of the area of the Parcel A Sign shall be for the use of Walgreen dunng the continuance of the Walgreen Lease (or for the use of such other persons or entllles as Wal'lreen, dunng the continuance of the Walgreens Lease, shall permit) and, after the expiration or termination of the Walgreen Lease, for the exclUSive use of the Owner andlor Permittees of Parcel B as the Owner of Parcel B shall determine The balance of the panel area of the Parcel A Sign shall be for the use of those Permittees of Parcel A as approved by the Parcel A Owner for such purpose 4 LP 10627674 \ 34118-66399 2 2 Indemnification Each Owner having nghts with respect to an easement granted hereunder shall Indemnify and hold the Owner whose Parcells subject to the easement (Including Walgreen, In the case of the Owner of Parcel B) harmless from and agamst all claims, liabilities and expenses (including reasonable attorneys' fees) relating to accidents, InJunes, loss, or damage of or to any person or property anslng from the negligent, intentional or willful acts or omissions of such Owner, ItS contractors, employees, agents, or others acting on behalf of such Owner 2 3 Access Ooenlnn The openings and access pOints contemplated between the Parcels for use of the Dnveways, are shown on the Site Plan, and such openings and access pOints between the Parcels for use of the Dnveways, as contemplated pursuant to paragraph 2 1(a) above, are hereinafter called the "Access Openings" The Access Openings shall In no event be blocked, closed, altered or changed to any material extent or removed, and shall at all times remain In place as shown on the Site Plan, proVided, however, an Owner of any Parcel on which a Dnveway IS located shall have the nght to temporanly block or close such Dnveway from time to time In cases of emergency or as reasonably necessary to maintain, repair or resurface such Driveway, or as may be reqUired for the construction, repair or maintenance of any of the lines and faCilities descnbed In paragraph 2 1(c) hereof There shall be maintained between the Access Openings a smooth and level grade tranSition to allow the use of the Dnveways for pedestnan and vehicular Ingress and egress as set forth In paragraph 2 1 above Except With respect to the Access Openings, each Owner shall be permitted to maintain a fence, curbing, landscaping or other Improvements along the boundary line of ItS Parcel 2 4 Reasonable Use of Easements (a) The easements herein above granted shall be used and enjoyed by each Owner and ItS Permittees In such a manner so as not to unreasonably Interfere With, obstruct or delay the conduct and operations of the business of any other Owner or ItS Permittees at any time conducted on Its Parcel, Including, Without limitation, public access to and from said bUSiness, and the receipt or delivery of merchandise In connecbon therewith (b) Once the Water Detention and Drainage FaCilities are Installed pursuant to the easements granted In paragraph 2 1 (b) hereof, andlor utility lines, systems and equipment are Installed pursuant to the easements granted In paragraph 2 1(c) hereof, no permanent bUilding, structures, trees or other Improvements InconSistent With the use and enjoyment of such easements (excluding Improvements typically found In common areas of shopping centers) shall be placed over or permitted to encroach upon such water detention, drainage and utility installations The Owner of the Parcel served by such Installations shall not unreasonably Withhold ItS consent to the reasonable relocation of such Installations requested by the Owner of a Parcel where such installations are located, at such requesbng Owner's sole cost and expense, so long as water detention and drainage services or ublity services, as applicable, to the other Owner's Parcel are not unreasonably Interrupted and the remaining proVISiOnS of thiS paragraph 2 4 are complied With (c) Once commenced, any construction undertaken In reliance upon an easement granted herein shall be diligently prosecuted to completion, so as to minimiZe any Interference With the bUSiness of any other Owner and ItS Permittees Except In cases of emergency, the nght of any Owner to enter upon a Parcel of another Owner for the exercise of any right pursuant to the easements set forth, or to prosecute work on such Owner's own Parcel If the same Interferes With utility or drainage easements or easements of Ingress, egress or access to or In favor of another Owner's Parcel, shall be undertaken only In such a manner so as to minimiZe any Interference With the bUSiness of the other Owner and ItS Permittees In such case, no affirmative monetary obligation shall be Imposed upon the 5 LP 10627674134118-66399 other Owner (and/or, dUring the continuance of the Walgreen Lease, Walgreen), and the Owner undertakmg such work shall with due diligence repair at Its sole cost and expense any and all damage caused by such work and restore the affected portion of the Parcel upon which such work IS performed to a condition which IS equal to or better than the condition which eXisted prior to the commencement of such work In addition, the Owner undertaking such work shall pay all costs and expenses associated therewith and shall mdemnlfy and hold harmless the other Owner(s) and ItS Penmttees from all damages, losses, liens or claims allnbutable to the performance of such work 3 Mamtenance 3 1 General. Until such time as Improvements are constructed on a Parcel, the Owner thereof shall mamtam the same 10 a clean and neat condition and shall take such measures as are necessary to control grass, weeds, blowlllg dust, dirt, lIl1er or debris 3 2 BUlldmos and Aoourtenances Thereto Each Owner covenants to keep and maintain, at ItS sole cost and expense, the bUlldlng(s) located from time to time on ItS respective Parcel 10 good order, condition and repair Once constructed, In the event of any damage to or destruction of a bUilding on any Parcel, the Owner of such Parcel shall, at Its sole cost and expense, With due diligence either (a) repair, restore and rebuild such bUlldmg to Its condlllon pnor to such damage or destruction (or With such changes as shall not conflict With this Declaration), or (b) demolish and remove all portions of such damaged or destroyed bUlldmg then remaining, mcludlng the debns resulting therefrom, and otherwise clean and restore the area affected by such casualty to a level, graded condition Nothmg contallled 10 this subparagraph 3 2(b) shall be deemed to allow an Owner to aVOid a more stringent obllgallon for repair, restoration and rebUilding contallled In a lease or other wntten agreement between an Owner and such Owner's Permittee Each Parcel shall comply With applicable governmental parking ratio reqUIrements Without taking mto account the parkmg proVided on the other Owner's Parcel, such that each Parcel shall be self suffiCient for vehicular parking 3 3 Common Area Each Owner of a Parcel covenants at all times dunng the term hereof to operate and mamtaln or cause to be operated and maintained at ItS expense all Common Area located on ItS Parcel In good order, condition and repair FollOWing the construction of Improvements thereon, maintenance of Common Area shall mclude, Without limitation, malntamlng and repalnng all Sidewalks and the surface of the parking and roadway areas, removlllg all papers, debns and other refuse from and penodlcally sweepmg all parking and road areas to the extent necessary to malntam the same In a clean, safe and orderly condition, malntalnmg appropriate Iightmg fixtures for the parking areas and roadways, maintaining markmg, dlrecllonal signs, lmes and stnpmg as needed, malntamlng landscapmg, malntamlng slgnage In good condition and repair, and performmg any and all such other duties as are necessary to mamtaln such Common Area 10 a clean, safe and orderly conditIOn Except as otherwise expressly prOVided 10 thiS Declaration, once constructed, In the event of any damage to or destruction of all or a portion of the Common Area on any Parcel, the Owner of such Parcel shall, at Its sole cost and expense, With due diligence repair, restore and rebUild such Common Area to Its condition pnor to such damage or destruction (or With such changes as shall not conflict With thiS Declaration) Each Owner reselVes the nght to alter, modify, reconfigure, relocate andlor remove the Common Areas or bUlldln~ areas on ItS Parcel, subject to the follOWing conditions (I) the reciprocal easements between the Parcels pursuant to paragraph 2 1 (a) shall not be materially Impaired, (II) the Driveways and mgress and egress thereto, and to and from the Parcels and adjacent streets and roads, shall not be so altered, modified, relocated, blocked andlor removed, except In cases of emergency or as reasonably necessary to maintain, repair or resurface a Driveway, Without the express wntten consent of all Owners and Walgreen (dunng the continuance of the Walgreen Lease) (which consent shall not be 6 LP [0627674 \34[ 18-66399 unreasonably withheld, delayed or conditioned, and (III) the same shall not violate any of the provIsions and easements granted In paragraph 2 4 Construction of ImDrovements Every bUilding (Including Its appurtenant Common Area Improvements), now or In the future constructed on Parcel A, shall be constructed, operated and maintained so that the same IS In compliance with all applicable governmental requirements The Driveways shall be constructed and completed by the Owner of Parcel B at the same time as such Owner develops Parcel B for Walgreen under the Walgreen Lease (In accordance with plans approved by Walgreen under the Walgreen Lease) 5 Restrictions 5 1 General Each Parcel shall be used for lawful purposes In conformance with all restrictions Imposed by all applicable governmental laws, ordinances, codes, and regulations, and no use or operation shall be made, conducted or permitted on or with respect to all or any portion of a Parcel which IS Illegal In addlllon to the foregOing, throughout the term of thiS Declaration, It IS expressly agreed that neither all nor any portion of any Parcel shall be used, directly or Indirectly, for purposes of a cocktail lounge, bar, any other establishment that sells alcoholiC beverages for on-premises consumption (unless such cocktail lounge, bar or other establishment IS located In, or IS operated In connection with, a restaurant), diSCO, bowling alley, pool hall, billiard parlor, skating rink, roller rink, amusement arcade, a theater of any kind, children's play or party faCIlity, adult book store, adult theatre, adult amusement faCility, any faCIlity selling or displaYing pornographic matenals or haVing such displays (except as may be InCidental to a book, record or Video store, prOVided such sale of pornographic matenals IS not the primary purpose of such a faCIlity), second hand store, odd lot, closeout or liqUidation store (except a manufacturer's or retailer's outlet store shall be permitted hereunder), auction house, flea market, educational or tralmng faCility (including, Without IImltallon, a beauty school, barber college, school or other faCIlity catering primarily to students or trainees rather than customers), gymnasium, sport or health club or spa (except a day-spa, and a work-out faCIlity containing no more than 3,500 square feet, such as "Curves", shall be permitted on Parcel A), blood bank, massage parlor, funeral home, the outdoor hOUSing or raising of ammals, the sale, leaSing or storage of automobiles, boats or other vehicles, any Industrial use (including, Without limltallon, any manufactunng, smelting, rendering, breWing, refimng, chemical manufactUring or processing, or other manufactunng uses), any mining or minerai exploralron or development except by non- surface means, a car wash, a carnival, amusement park or Circus, an assembly hall, off track betting establishment, bingo hall, any use InvolVing the use, storage, disposal or handling of hazardous materials or underground storage tanks, any use which may materially or adversely affect the water and sewer services supplied to either Parcel, a church, temple, synagogue, mosque, or other house of worship, or any faCIlity for the sale of paraphernalia for use With IlliCIt drugs, office use (except that office use InCidental to a retail use and as permitted by Section 5 2(11) and any bank, a financial services, Insurance, realtors and a title company office shall be permitted under thiS Section 5 1, or any use which creates a nUisance Notwithstanding anything contained In thiS Section 5 1, an Owner shall not be deemed to be In Violation of thiS Section 5 1 If a vlolallon of any of the prohibitions under thiS Secllon 5 1 IS a result of the use of such Owner's Parcel, or any portion thereof, by a Ihlrd party tenant, sub-tenant or other occupant Without such Owner's consent, and such Owner takes reasonable action to enJoin such use 52 Additional Parcel Restnctlons Throughout the term of the Walgreens Lease, It IS expressly agreed that Parcel A shall not be used, directly or indirectly, for anyone or more of the follOWing purposes (I) the operation of a drug store or a so-called prescription pharmacy or 7 LP 10627674 \34118 66399 prescnptlon ordering, processing or delivery facility, whether or not a pharmacist IS present at such facIlity, or fDr any Dther purpose requiring a qualified pharmacist Dr Dther person authonzed by law tD dispense medicinal drugs, directly or Indirectly, for a fee Dr remuneration of any kind, (II) the operation of a medical dlagnosllc lab and/or the provISion of treatment (other than as part of a medical, dental, physIcian, surgical or chiropractic officers], which officers] shall not be restricted by this subsection [II)), (III) the sale of so-called health and/or beauty aids and/or drug sundries (not applicable to any sales tD which no more than 200 square feet of floor or display area are so devDted or which IS incidental to the operatlDn of barber shop or beauty or hair salon, prOVided, however, In no event shall Landlord permit or suffer the operation of a store similar In nature to Sally's Beauty Supply or GNC store), (IV) the operatlDn of a bUSiness In which phDtofinlshlng services (including, without limitation, digital phDtDgraphlc processing or printing, or the sale of any other Imaging services, processes or goods) and/or photographic film are offered for sale, (v) the operation of a bUSiness In which greellng cards or gift wrap are offered for sale, and (VI) the operation of a bUSiness In which prepackaged food Items for off- premises consumption are offered for sale (except that thiS clause (VI) shall not be applicable to (x) any sales of such Items for which no more than 150 square feet of a tenant's or occupant's floor or display area IS so devoted, and (y) the sale of such Items In connection with a delicatessen or a "take-out" or ''fast food" restaurant (I e a restaurant without table service)), prOVided, however, that the operatlDn of a convenience store, Including a convenience store located within, or associated With, a gas stabon shall not be permitted) 6 Insurance. Each Owner shall procure and maintain general andlor comprehenSive public liability and property damage Insurance against claims for personal injury (including contractual liability arising under the indemnity contained In paragraph 2 2 abDve), death, or property damage occurnng upon such Owne~s Parcel, with Single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,00000) including umbrella coverage, If any, and naming each Dther Owner and Walgreen dunng the continuance of the Walgreen Lease (proVided the Owner obtaining such Insurance has been supplied with the name of such other Owner In the event of a change thereof) as additional Insureds Walgreen (whether as tenant under the Walgreen Lease or In the event Walgreen becomes an Owner of a Parcel) may elect to self Insure andlor carry Insurance reqUired hereunder under master or blanket pDlicles of Insurance UpDn reasonable request by an Owner, an Owner shall furnish or request ItS tenant, as applicable, to furnish to the requesllng party, certificates of Insurance or eVidence of self-Insurance, If applicable, or other reasonable eVidence indicating that Insurance meeting the reqUirements hereDf has been obtained hand IS In full force and effect 7 Taxes and Assessments Each Owner shall pay all taxes, assessments, or charges of any type leVied or made by any governmental body or agency With respect to Its Parcel 8 No Rlahts In Public. No Imalled Easements Nothing contained herein shall be construed as creating any rights In the general public or as dedlcallng for public use any portion of Parcel A or Parcel B No easements, except those expressly set fDrth In paragraph 2, shall be Implied by thiS Declarallon, In that regard, and Without limiting the foregOing, no easements for parking, slgnage, drainage or ublitles are granted or Implied 9 RemecJ.es and Enforcement 9 1 All Leoal and EOUltable Remedies Available In the event of a breach or threatened breach by any Owner Dr ItS Permittees of any of the terms, covenants, restnctlons or conditions hereof, the other Owner(s) and Walgreen shall be entitled forthWith tD full and adequate relief by injunction andlor all such other available legal and eqUitable remedies from the consequences of such breach, including payment of any amounts due andlor speCific performance Walgreen shall 8 LP 10627674 \ 34118-66399 have the nght, but not the obligation, to enforce this Declaration on behalf of the Owner of Parcel B, andlor to cure a breach or default hereunder by the Owner of Parcel B, which enforcement or cure shall be accepted by the other Owner(s) as If effected by the Owner of Parcel B 92 Self-Help In addiTIOn to all other remedies available at law or 10 eqUity, upon the failure of a defaulllng Owner to cure a breach of this Declaration wlthm thirty (30) days followmg wntten notice thereof by an Owner or Walgreen (unless, With respect to any such breach the nature of which cannot reasonably be cured within such 3D-day penod, the defaultmg Owner commences such cure wlthm such 3D-day penod and thereafter diligently prosecutes such cure to completIOn), Walgreen or any Owner shall have the nght to perform such obligation contained 10 this Declaration on behalf of such defaultmg Owner and be reImbursed by such defaultmg Owner upon demand for the reasonable costs thereof together With Interest at the pnme rate charged from time to time by Bank of Amenca (Its successors or assigns), plus two percent (2%) (not to exceed the maximum rate of Interest allowed by law) 9 3 Lien Rlohts Any claim for reimbursement, Including Interest as aforesaid, and all costs and expenses mcludmg reasonable attorneys' fees awarded to any Owner (or to Walgreen In connecllon With the exerCise of ItS nghts set forth In paragraphs 9 1 and/or 9 2 above) 10 enforcmg any payment 10 any SUit or proceeding under this Declaration shall be assessed agamst the defaulting Owner In favor of the prevailing party and shall constitute a lien (the "Assessment lien") against the Parcel of the defaulting Owner unlIt paid, effective upon the recording of a notIce of lien With respect thereto 10 the Office of the County Recorder of Lane County, Oregon, proVided, however, that any such Assessment lien shall be subject and subordmate to (I) liens for taxes and other pUblic charges which by applicable law are expressly made supenor, (II) all liens recorded In the Office of the County Recorder of Lane County, Oregon pnor to the date of recordation of said notice of lien, and (III) all leases entered Into, whether or not recorded, pnor to the date of recordallon of said notice of lien All liens recorded subsequent to the recordation of the notice of lien descnbed herem shall be JUnior and subordmate to the Assessment lien Upon the timely cunng by the defaulting Owner of any default for which a notice of lien was recorded, the party recording same shall record an appropnate release of such nollce of lien and Assessment Lien 9 4 Remedies Cumulallve The remedies speCIfied herein shall be cumulative and 10 addition to all other remedies permitted at law or In equity 95 No Termination For Breach Notwlthstandmg the foregOing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescmd, or otherwise terminate thiS Declaration No breach hereunder shall defeat or render Invalid the lien of any mortgage or deed of trust upon any Parcel made In good faith for value, but the easements, covenants, conditions and restnctlons hereof shall be binding upon and effective agamst any Owner of such Parcel covered hereby whose title thereto IS acquired by foreclosure, trustee's sale, or otherwise 9 6 .Irreoarable Harm In the event of a Violation or threat thereof of any of the proVISions of paragraphs 2 and/or 5 of thiS Declaration, each Owner agrees that such Violation or threat thereof shall cause the nondefaultmg Owner andlor Its Permittees to suffer Irreparable harm and such nondefaultmg Owner and ItS Permittees shall have no adequate remedy at law As a result, 10 the e 'ent of a Violation or threat thereof of any of the proVISions of paragraphs 2 andlor 5 of thiS Declarallon, the nondefaultlng Owner and Walgreen, 10 addition to all remedies available at law or otherwise under thiS Declaration, shall be entitled to mJunctlve or other eqUitable relief to enJoin a vlolahon or threat thereof of paragraphs 2 andlor 5 of thiS Declaration 10 Tann The easements, covenants, conditions and restrrctlons contained In thiS Declarallon shall be effective commencmg on the date of recordation of thiS DeclaratIOn In the office of the Lane County Recorder, Oregon, and shall remain In full force and effect thereafter In perpetUity, unless 9 LP 10627674\3411866399 this Declarabon IS modified, amended, canceled or tenmnated by the written consent of all then record Owners of Parcel A and Parcel 8 10 accordance with paragraph 11 2 hereof 11 Miscellaneous 11 1 Attomevs' Fees In the event a party (mcludlng Walgreen) mstltutes any legal action or proceeding for the enforcement of any right or obligation herem contamed, the prevailing party after a final adjudication shall be entitled to recover ItS costs and reasonable attorneys' fees mcurred 10 the preparation and prosecution of such action or proceeding 11 2 Amendment (a) The parties agree that the proVIsions of this Declaration may be modified or amended, In whole or 10 part, or terminated, only by the wntten consent of all record Owners of Parcel A and Parcel 8, as eVidenced by a document that has been fully executed and acknowledged by all such record Owners and recorded 10 the official records of the County Recorder of Lane County, Oregon (b) Notwithstanding subparagraph 11 2(a) above to the contrary, no tenn/nabon of this Declaration, and no modification or amendment of this Declaration shall be made nor shall the same be effective unless the same has been expressly consented to In wntlng by Walgreen (dunng the contmuance of the Walgreen Lease) 11 3 Consents Wherever In this Declaration the consent or approval of an Owner IS reqUired, unless otherwise expressly proVided herein, such consent or approval shall not be unreasonably Withheld or delayed Any request for consent or approval shall (a) be 10 wnling, (b) SpeCify the section hereof which requires that such notice be given or that such consent or approval be obtained, and (c) be accompanied by such background data as IS reasonably necessary to make an mfonTIed deCISion thereon The consent of an Owner or Walgreen under thiS Declaration, to be effective, must be given, denied or conditioned expressly and 10 wntlng Dunng the contmuance of the Walgreen Lease, any consent by the Owner of Parcel B, to be effective, shall also reqUire the consent of Walgreen Any consent of Walgreen may be given, denied or conditioned by Walgreen 10 Walgreen's sole and absolute discretion 11 4 No Waiver No waiver of any default of any obligation by any party hereto shall be Implied from any omiSSion by the other party to take any aclion With respect to such default 11 5 No Aoency Nothing 10 thiS Declaration shall be deemed or construed by either party or by any third person to create the relationship of pnnclpal and agent or of limited or general partners or of JOint venturers or of any other association between the parties 11 6 Other Prooertv The easements herem granted are also appurtenant to any land that may hereafter come Into common ownership With a Parcel which IS contiguous to such Parcel An area phYSically separated from a Parcel but haVing access thereto by means of the publiC ways or private easements shall be deemed to be contiguous to such Parcel 11 7 !;!eoaratlon of a Parcel If a Parcel IS hereinafter diVided Into two (2) or more parts by separation of ownership, each party owmng a part thereof shall enJoy the benefit of the easements granted to such Parcel 11 8 Transfer of OwnershlD Whenever a transfer of ownership of a Parcel occurs, the liability of the transferor for any breach of covenant occumng thereafter shall automatically tennmate With respect to such transferor Any transferee shall automalically assume and be bound by the 10 LP 10627674 \ 34118-66399 burdens and obligations hereunder runnmg with the land to the owner of the Parcel or portion thereof being transferred 11 9 Covenants to Run with Land It IS mtended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create eqUitable servitudes m favor of the real property benefited thereby, shall bmd every person havmg any fee, leasehold or other Interest therem and shall Inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives 11 10 Grantee's Acceotance The grantee of any Parcel or any portion thereof, by acceptance of a deed conveymg \IlIe thereto or the execution of a contract for the purchase thereof, whether from an ongmal party or from a subsequent owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrlclions and obligations contamed herem By such acceptance, any such grantee shall for himself and hiS successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and With the other party, to keep, observe, comply With, and perform the obligations and agreements set forth herem With respect to the property so acqUIred by such grantee 11 11 Seoarabllitv Each proVIsion of thiS Declaration and the application thereof to Parcel A and Parcel B are hereby declared to be mdependent of and severable from the remainder of thiS Declaralion If any proVIsion contained herem shall be held to be mvalid or to be unenforceable or not to run With the land, such holdmg shall not affect the validity or enforceability of the remamder of thiS Declaralion In the event the validity or enforceability of any proVIsion of thiS Declaration IS held to be dependent upon the eXistence of a specific legal descnptlon, the parties agree to promptly cause such legal descnptlon to be prepared Ownership of both Parcels by the same person or entity shall not termmate thiS Declaration nor In any manner affect or Impair the validity or enforceability of thiS Declaration 11 12 Interoretatlon The rule of strict construction does not apply to the grants herein The grants herem shall be given a reasonable construction to cany out the Intention of the parties hereto to confer a commercially usable nght of enjoyment on each grantee 11 13 Termmatlon The grantee of the easement granted hereunder may terminate such easement by recording a release thereof With the Office of the Recorder of Deeds of Lane County, Oregon With directions for delivery of the same to the grantor of such easement at ,ts address given pursuant hereto, whereupon, all nghts, dulies and liabilities hereby created shall terminate as to such easement except for liabilities Incurred hereunder pnor to such termination 11 14 Time of Essence Time IS of the essence of thiS Declaration 11 15 Enllre Aoreement ThiS Declaration contains the complete understanding and agreement of the parties hereto With respect to all matters referred to here,n, and all pnor representations, negotlallons, and understandmgs are superseded hereby 11 16 Notices Nollces or other commumcatlon hereunder shall be m wrltmg and shall be sent certified or registered mall, return receipt requested, or by other national ovemlght couner company, or personal delivery Notice shall be deemed given upon receipt or refusal to accept delivery Each party and Walgreen may change from time to time their respective address for nollce hereunder by like notice to the other party and Walgreen Notice given by any Owner hereunder to be effective shall also Simultaneously be delivered to Walgreen (dUring the contmuance of the Walgreen lease) The notice addresses of the Parcel A Owner, the Parcel B Owner and the, and Walgreen are as follows 11 LP 1062767 4 \ 34118-66399 / . Walareen Walgreens Attenllon Law Department Mall Stop No 2252 200 Wilmot Road Deerfield, illinOis 60015 Parcel A Owner SkYVlew, LLC and South Plaza II, LLC 515 W Pickett Circle, #400 Salt Lake City, Utah 84115 Parcel B Owner SkYVlew, LLC and South Plaza II, LLC 515 W Pickett Circle, # 400 Salt Lake City, Utah 84115 11 17 Govemlno Law The laws of the State In which the Parcels are located shall govern the interpretation, validity, performance, and enforcement of this Declarallon 11 18 Estoooel Certificates Each Owner, Within twenty (20) day of Its receipt of a wntten request from the other Owner(s) or Walgreen, shall from time to time proVide the requesting Owner or Walgreen, a certificate binding upon such Owner stating (a) to the best of such Owner's knowledge, whether any party to this Declaration IS In defau~ or Violation of thiS Declaration and If so Identifying such default or Violation, and (b) that thiS Declaration IS In full force and effect and Identifying any amendments to thiS Declaration as of the date of such certificate 11 19 Bankruotcv In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that thiS Declarallon shall, to the maximum extent permitted by law, be considered an agreement that runs With the land and that IS not rejectable, In whole or In part, by the bankrupt person or entity IN WITNESS WHEREOF, the parties have executed thiS Declaration as of the date first wntten above DECLARANT SKYVIEW, LLC, a Utah limited liability company B~~ , - - Its )('-H1q,~ and SOUTH PLAZA II, LLC, an Oregon limited ::bll~ Its~ V 12 LP 10627674 \ 34118-66399 STATE OF UTAH COUNTY OF CoIl\- 11iI\4'J ) )ss ) I, the undersigned, a Notary Public m and for said County, In the Slate aforesaid, do hereby certify that 1:?v fJY W X , the tJlvtVW1P V of SKYVIEW, LLC, a Ulah limited liability company (the .Company"), personally kn~be the same person whose name IS subscnbed to the foregomg Instrument, appeared before me thiS day In person and acknowledged that he signed, sealed and delivered the said mstrument, as hiS own and free and voluntary act, and as the free and voluntary act of the Company, for the uses and purposes therem set forth Given under my hand and notanal seal thiS '2fl\Vlday of Iv'\qvuVI NO:mj~J1~Y (I __TRAclTAYlOR 11I1Il':=,~~~u: ...~~D\'('" 14111 -- I!loD. 011201/20" LP 10627674 \ 34118-66399 My Commission Expires 01-24- \I STATE OF ~GtorJ) )ss COUNTY OF 1/'1< _~,~ ) I, the undersigned, a Notary Public In and for said County, III the State aforesaid, do hereby certify that 'h-c",~I\,-O ~ ,the M. -.)""\ of SOUTH PLAZA II, LLC, an Oregon limited liability company (the "Company"), personally known to me to be the same person whose name IS subscribed to the foregolllg Instrument, appeared before me thiS day III person and acknowledged that he signed, sealed and delivered the said Instrument, as his own and free and voluntary act, and as the free and voluntary act of the Company, for the uses and purposes therelll set forth Given under my hand and notanal seal thiS "31,"*-dayof 1'IA-AiU+-l- 2--001 ~ >rrl-'-11~L- Notary Public -- ~--- -~...,......,. ---- l:Jl"'-'''''. ". . ~ YMIElLE ~ IE";' ~: y :'1]~'" ; I ~_ JI~ltlUl. :!JlOO, __ -<.-"-0..---'- _- --._~"_ My Commission Expires '1-[,06 OFFICIAL SEAL .I TRUMBLE NOTPRY PUBUC-OREGON COMMISSION NO 382849 _ ~Y_COMMIS~~N ~XI'I~S S~PT07, 20~ LP 10627674 \ 34118..6399 Exhibit A Exhibit B List of Exhibits Legal Descr/ptlons of Parcels A and B Site Plan LP 10627674\]4118-66399 legal DescriptIon of Overall Boundary Assessor's Map 17-03-27-10, Tax lot 3300 A parcel of land lYing In the northeast quarter of Section 27, Township 17 South, Range 3 West of the Wlllamette Meridian, being more particularly described as follows Beginning at a pOint on the north margin of "Q" Street, said pOint bearing NORTH 30 00 feet from a pOint on the south line of the Jacob Halstead Donation land Claim No 47 which bears South 89051'46" East 697 59 feet from the southwest corner thereof, thence leaVing said north margin of "Q" Street bearing NORTH 455 77 feet, thence parallel with said south line of the Jacob Halstead Donation Land Claim No 47 South 89051'46" East 156 00 feet to a pOint on the west margin of Pioneer Parkway West, said pOint being 80 00 feet from, when measured at right angles to, the centerline of the Southern Pacific Railroad Rlght- of-Way as depicted on County Survey File 40183, on file In the lane County Surveyor's Office, thence along said west margin of Pioneer Parkway West South 14001'45" East 40915 feet, and South 35026'29" West 72 37feet, returning to said north margin of "Q" Street, thence along said north margin of "Q" Street North 89051'46" West 213 22 feet to the pOint of beginning, all In lane County, Oregon EXHIBIT "U" Legal Description of the Parcel "A" Property A parcel of land lYing In the northeast quarter of Section 27, Township 17 South, Range 3 West of the Wlllamette Meridian, being more particularly described as follows Beginning at a pOint on the north margin of "Q" Street, said pOint bearing NORTH 30 00 feet from a pOint on the south line of the Jacob Halstead Donallon Land Claim No 47 which bears South 89"51'46" East 697 59 feet from the southwest corner thereof, thence leaving said north margin of "Q" Street bearing NORTH 259 82 feet to the True POint of Beginning, thence continUing NORTH 195 95 feet, thence parallel with said south line of the Jacob Halstead Donation Land Claim No 47 South 89"51'46" East 15600 feet to a pOint on the west margin of Pioneer Parkway West, said pOint being 80 00 feet from, when measured at right angles to, the centerline of the Southern Pacific Railroad Right-of-Way as depicted on County Survey File 40183, on file In the Lane County Surveyor's Office, thence along said west margin of Pioneer Parkway West South 14"01 '45" East 168 10 feet, thence leaving said west margin of Pioneer Parkway West bearing South 75"58'45" West 134 33 feet, thence North 89"57'13" West 66 42 feet to the True POint of Beginning, all In Lane County, Oregon Containing 33,074 square feet, more or less EXHIBIT" A -2. " Legal Descnptlon ofthe Parcel "B" Property A parcel of land lYing In the northeast quarter of Section 27, Township 17 South, Range 3 West of the Wlllamette Meridian, being more particularly described as follows Beginning at a pOint on the north margin of "Q" Street, said pOint bearing NORTH 30 00 feet from a pOint on the south line of the Jacob Halstead Donation Land Claim No 47 which bears South 89051 '46" East 697 59 feet from the southwest corner thereof, thence leaving said north margin of "Q" Street bearing NORTH 25982 feet, thence South 89057'13" East 66 42 feet, thence North 75058'45" East 134 33 feet to a pOint on the west margin of Pioneer Parkway West, said pOint being 80 00 feet from, when measured at right angles to, the centerline of the Southern PaCifiC Railroad Right-of-Way as depicted on County Survey File 40183, on file In the Lane County Surveyor's Office, thence along said west margin of Pioneer Parkway West South 14001'45" East 24105 feet, and South 35026'29" West 72 37 feet, returning to said north margin of "Q" Street, thence along said north margin of "Q" Street North 89051'46" West 213 22 feet to the pOint of beginning, all In Lane County, Oregon Containing 62,319 square feet, more or less EXHIBIT B SITE PLAN IATTACHEDl. 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