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..,
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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.
LP 10627674\34]]866399
i
EXHIBIT "ll_"
FOR
PARKWA Y CENTER
JANUARY 29, 2008
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PREPARED BY
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POBOX 70224
(83 CENTENNIAL LOOP. SUITE 1)
EUGENE, OREGON 97401
(541) 359-8426 fAX (541) 747-0177
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