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HomeMy WebLinkAboutApplication APPLICANT 9/12/2008 . .. Phone: 541-686-3828 IFax: . 541-335-2595 Applicant Name: Philip Farrinqton. AICP .Icompanv: PeaceHealth IAddress: 123 International Way, Sprinqfield OR 97477 '\".':" ".~._",,,.,,..,,..~ A"""-'" or'",. "_.>I"~,' ~ .:.,..,-.,.,,~,... ..'......-....... ,"'_~,.,;"..,,"''',_,,_.,;..;, .... -r,'''~' .. y,.-'- '"...,...A"'.......~ _--"-~- . "...;JfWi\",''''''-,>,.W"!y,,,- ",''':~ '-' 4 .. IAPPIi~ant's Rep.: Andrew Haliburton. Phone: 503-227-3251 Icompanv: KPFF Ccinsultinq Enqineers . Fax: 503-274-4681 IAddress: 111 SW Fifth Avenue, Suite 2500, Portland, OR 97204 ~,~,,"o.'''''''nqii2,"..: "''''.J%'"S:'''''''''''''.",*,=~''''''.'Li'Ctl1:.;'.'';.1r;,'0;- '""',x:m,,,_.";"::'\_,.Y',-, ".H.'-'''''''',V.,-"~'',*,;_'',,.1\"' """,=:,,,,--, ,,-~.,,,,,,,,,,'-,.'"'-'.",,,,,",~,.,'_.'~ "?, . !property Owner: Same as Applicant Phone: Icompanv: Fax: ~d.d~.~.~~~.... ,,~,,'~,,~,"'_,=v'.. .~..~. .'~'"''_'''_''' '. ......, .,,".. ...=..==" ..._....".",.c..,,~. . ...-r. ..'=. IASSESSOR'S MAP NO: 17032200 ITAX LOT NOeS): 4100 I Property Address: 3333 RiverBend Drive. Sprinqfield, Oregon ISize of Prope~tv: . 56.82 . Acres ,[2<:] I Proposed Name of Subdivision: RiverBend Ph II Partition of Lot 8 I I I 1 1 '''j I Square Feet 0 I .....J I I I I ',F:o:''''.,;:'".:;.. ...c. ." ,~.. . ,,: ,ri:',",' ~",'''#;.I~:;~ .1""w:~.,.,,>'.:-lli':.~ ., ''''.'j ,ito"''!'. . _'> ",'" ".."',,,.'.""C "',''-'"''.''-'''.>;';.'' t;l }""".%..,.'" ,-":.,."-,~.,.,,,, '~;0' Description of If you are filling in this form by hand, please attach your proposal description to ~his application. ProDosal: PI~ac;p .5PP "tt~ Ni'l~ri'ltiv", i'lndFxhihit Existing Use: Medical Sei:vices, Mixed-Use Commercial, Medium Densitv Residential .1# of Lots/Parcels: 2lAvq. Lot/Parcel Size: n/a' sf IDensitv: n/a du/acre our name and date in the a riate box on the next , , Associated Applications: PREWm ~ ()()()C;;r Signs: ~ J . ./ J\, 'pre-Sub Case No.: PR.t;:,;) ooS _oooii Date: -r[/18' Reviewed by: Lh-" Case No.: ~5 2fb~ - 0fD 4<" Date: q 1/7/ r.c?i Reviewed by: -b-n.-I L n IAPPlication Fee: $ YfJ?-1 ~ ITechnical Fee: $ iN~ .5~ I Postage Fee: $/~O ITOTAL FEES: 5dl-(/Sb PROJECT NUMBER: PK - ~[ Revised 1/1/08 Moiiy Markarian 1 of 2 . Land Division Tentative I$plication Process . , 1. Applicant Submits a Land Division Tentative Application for Pre-Submittal . The application must conform to the Land Division Tentative Submittal Requirements Checklist on pages 4-6 of this application packet. . . . A pre-submittal meeting to discuss completeness is mandatory, and pre-submittal meetings are conducted every Tuesday and Friday, from 10:00 am -. noon, . , Planning Division staff strives to conduct pre-submittal meetings within five to sevE!n . ,working days of receiving an application. 2. Applicant and the City Conduct the Pre-Submittal Meeting . The applicant, owner, and design team are strongly" encouraged to attend the pre- submittal meeting. . . The meeting is held with representatives lfrom Public Works Engineering and Transportation; Community Services (Building), Fire Marshall's office, and the Planning Division and is scheduled for 30 to 60 mi~utes. . . . The Planner, provides the applicant with a .Pre-Submittal Checklist specifying the item.s required to make the application complet ~ if it is not already complete, and the applicant has 180 days submit a complet~ application to' the City. 3. Applicant Submits a Complete Application, City Staff Review the Application and Issue a Decision , . A complete application must conform to t le Land Division Tentative Submittal. Requirements Checklist on pages 4-6 of this application packet. . . A Type II decision, made after public noti~e, but without a public hearing, unless appealed, is issued within 120 days of su~mittal.of a complete application. . Mailed notice is provided to property own~rs and occupants within 300 feet of the property being reviewed and to any applicable neighborhood association. In addition, the applicant must .post one sign, provided by the City,: on the subject property.. . There is.a 14-day public comment period, starting on the date notice is mailed. . Applications are distributed to the Development Review Committee, and their comments are' incorporated into a decision that addresses all applicable approval criteria and/or development standards, as well as any written comments from those given notice: . Applications .may be approved, approved with conditions,or denie~. . At the applicant's request, the Planner can provide a copy of the draft land use decision prior to issuing the final land use decision. . . The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. ' . The decision issued is the final decision of the City but may be appealed within 15 calendar days to the Planning Commission or Hearings Official. Date Received: SEP 1 2 2008 Original St:bmitt?! . Eighteen (18) Copies of the Following Plan Sets for Suomittal ~ All of the following plans must include the scale appropriate to the area involved and sufficient to show detail of the plan and related data, north arrow, and date of preparation. ~ . All plan sets must be. folded to 8'12" by 11" and bound by rubber bands. a. Site Assessment of Existing. Conditions. ~ Prepared by an Oregon licensed Landscape Architect or Engineer ~ Vicinity Map ~ The name, location, and dimensions of all existing .site features including buildings, . curb cuts, trees, and impervious surface areas, clearly indicating what is remaining and what is being removed. For existing structures to remain, also indicate present use and required setbacks from proposed property lines. ~ The name, location, dimensions, direction of flow and top of bank of all watercourses and required riparian setback that are shown on the Water Quality Limited Watercourse Map on file in the Development Services Department ~ The laO-year floodplain and floodway boundaries on the. site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment . or Letter of ("lap Revision ~ The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the Wellhead .Protection Areas Map on file in the Development Services Department ~ Physical features including, but not limited to trees 5" in diameter or greater when measured 4 V2 feet above the ground, significant clusters of trees and shrubs, riparian areas, wetlands and rock outcroppings ~ Soil types and water table information as mapped and specified in the Soils Survey of Lane County. A Geotechnical Report prepared by an Engineer must be submitted concurrently if the Soils Survey indicates the proposed,development area ilas unstQ.bl~ soils and/or a high water table ' Date KecelVeO. . b. Land Division Tentative Plan . SEP 1 2 2008 . ~ Prepared by, an Oregon licensed Land Surveyor . .. ~ City boundaries, the Urban Growth Boundary, and ~ny special sBO~ga~Ps~m~~itt"l boundaries or railroad right-of-way which cross or abut the proposed land division , ~ Location and width of all existing and proposed easements on and abutting the proposed land division ~ Boundaries of entire area owned by the property owner,of which the proposed land division is a part, as well as dimensions and size of each parcel and the approximate dimension.s of each building site indicating the top and toe of cut and fillslopes to ~cale ~ Location and type of existing and proposed street lighting, including type, height, and area of illumination ~ Location, widths, conditions, and na.mes of all existing and propos'ed streets, alleys, . dedications or other right-of-ways within o.r adjacent to the proposed land division. Proposed streets should also include approximate radius of curves and grades and relationship to any projected streets as shown on the Metro Plan, TrarisPlan, Conceptual Development Plan, or Conceptual Local Street Map. Revised 1/1/08 Molly Markarian 3 of 5 .-. . .. in SDC 5.19-100 D A wetland delineation approved by the Oregon Division of State Lands must be submitted concurrently ,:"here there is a wetland on the property D Any required federal or state permit must be submitted concurrently or evidence the permit applic;ation has been submitted for review D. Where any grading, filling or excavating is proposed with the development, a Land and Drainage Alteration permit must be submitted prior to development DWhere applicable, any Discretionary Use or Variance as specified in SDC 5.9-100 and 5.21~100 D An Annexation application, as specified in SDC 5.7-100, where a development is proposed outside of the city limits but within the City's urban service area and can be served by sanitary sewer D All public improvements proposed to be installed and to include the approximate time of installation and method of financing C:-::':.' .,1(, '. Date Received: SEP 1 2 2008 . Original submittal Revised 1/1/08 Molly Markarian 5 of 5 CITY OF SPRINGFIELD VICINITY MAP SUB2008-00043 3333 RiverBend Drive .--' SITE Map 17-03-22-00 Tax Lot 4100 North . -.-- ~ '". : ~:. "~ ~'Vl I{I. I~ ,," I~ ,\,. ~ J ~:~ :1" 1;1" <0\ . I ii~~\0' 80 1"- S41.2'....Y I ~ i= 20':1.96' : lil~ .<<: I ~ -----;\-------, -~~z__ ----- I ---~.rT,------7- I ., /J.# II S33""t'2t'''' , I 227,74' I ': J I : 'JEST I II 60.36' I ' . ~' ______ _ . I . __ oL_________ T . J---- I I .----------~---------J - I I 'I' _t. I 5.32308 5.32309 5.37241 ~ - ~ . ... c + < }--t;----- "".'- r:1 ,.-f;!!7 ;0 , ~20.es' 1-499 . . . . 'I' 3700 'I' 7.80 AC. 3.5lI AC.S. "l' 0 0 \'! 0 0 0 0 0 0 01 0 0 ~,_._~. LO 4 n..ct^ ^n.~~._.. I") ,~ I") o ,... ~ I ..lCll,bo::! a.. ~ tn\<<llAl-~<<ll w r B0te Rfjl'l@ived: SEP. 1 22008 Original Submittal .~. ~/~ 11 - , NORTH ~ ~~. rG / SCALE: 1"=50' 1 LEGEND <S==8::> PUBUC ACCESS POINT EXIST. CURB UNE EXIST. BUILDING OUlUNE E EXIST. ELECTRICAL UNE FO EXIST. FlBER OPTIC UNE G EXIST. GAS UNE Date Received: SEP 1 2 2008 PARCEL 8.2 PARCEL AREA = Original Submittal SHMC LOT 8 PARTITION PH-RIVERBEND KPFF ~ 07/28/08 ':'. "," ; '~i::)~...'::':,::::-,-_>;, ,COMUII i~~'fngine':~(s U.S. 8ancorp Tower, 1.11 SW 5th Avenue, Suite 250.0. Portland, OR 9720.4 (50.3) 227-3251 FAX (50.3) 274-4681 M E M 0 RAN DUM DATE: TO: CC: September 11, 2008 Planner. on Duty - City of Springfield Andy limbird - Project Planner, City of Springfield Philip Farrington, Director of Land Use Planning, PeaceHealth Oregon Andrew Haliburton . FROM: RE: Partition Tentative Plan for LOT 8, RiverSend Phase II . PROJECT NO.: 301140.36 Enclosed please find the application for Partition Tentative Plan for LOT 8, RiverSend. Please note the .. following, regarding this submittal: . With approval of the Project Planner, caples of previously-approved plan~ have been submitted for reference to details of completed on-site and public'improvements, . At the request of the Project Planner, the order of plan sheets has been re-arranged to group together Tentative Land Division Plan and Site Assessment views for each layout grid of the subject site, . Submittal of the Stormwater Scoping Sheet has been waived by the Public Works Department (ref. email from Matt Stouder, dated 9/11/08 (copy included with this submittal). . Date Received: SEP 1 2 2008 Original Submittal . Page.1 of 1 MEMORANDUM TO: FROM: DATE: RE: Andy Limbird Donald A. Gallager, k September 4, 2008 PeaceHealth / NSC Ground Le,ase Mr. Limbird, Phil Favington at Peace Health asked me to send you a memo addressing some of your comments in the Tentative Land Division Application Pre-Submitted Checklist. Attached is a draft Declaration of Reciprocal Easemen1 ("Declaration"). Sec1ion 1.2 of the Declaration provides for an easement between Parcel I and Parcel 2 of . the RiverBend Lot 8. Section 1.2 gives each Parcel the right to locate any utility lines on.the other Parcel. . Section 1.3 allows building encroachments from one Parcel to the other Parcel. The existing sky bridge is not covered by Section 1.3, because the sky bridge was built by PeaceHealth and is owned by PeaceHealth. The sky bridge is part of the hospital building. The . Owner of the NSC building does not have any ownership in the sky bridge but has a contractual right to use the sky bridge. . Section 1.1 of the Declara1ion grants cross-easements for vehicle and pedestrian traffic as well as the right to park in parking areas on the Parcels. ~ . Pleasdet me know if you need any additional information concerning the attached Declaration. ' r . N:IP - T\PeaceHealth Oregon Region 13967\NSC Ground Lease I 3967-20\Memos\DAG to Andy Limbird.doc Date Received: SEP t 2 2008 Original Submittal I REQUEST FOR PARTITION TENTATIVE PLAN APPROVAL PROJECT NAME: APPLICANT I OWNER: LEGAL DESCRIPTION: PROPERTY ADDRESS: CURRENT ZONING: PROJECT SUMMARY:' ;t~':'. ,'.:J.....'I '. \" "f-', Partition of Lot 8 of RiverSend Phase II Subdivision - .....' .~1, .. .....-.,,,. PeaceHealth Oregon Region Tax Map 17032200, Tax Lot 4100 (based on RiverSend Phase II Subdivision Plat, recorded 3 June, 2008) . .3333 RiverSerid Drive, Springfield, Oregon MS -Medical SelVices ..:(Proposed Parcel 1) MS - Medical Services MUC- Mixed Use Commercial - .. . (Proposed Parcel 2) MDR - Medium Density Residential Lot 8 at PeaceHealth's RiverSend Subdivision, Phase II contains Sacr~d Heart Medical Center at RiverSend, which includes the new Sacred Heart hospital, Oregon Heart and Vascular Institute, two parking structures, and two medical office buildings. The Applicant is requesting a land partition of Lot 8 (total area . 56.819 acres) to create two (2) parcels. One parcel is approximately delineated by the footprint of the Northwest Specialty Clinics medical office building (approximately 0.763 acres; identified on the accompanying Partition Plan as Parcel 1); the secO'nd parcel cOrllprises the remainder of Lot 8. APPLlCASLE LAND USE DECISIONS: I Land Use Decision I LRP2005-0001 i LRP2006-00010 I LRP2006-00022 . I SUS2005-00012 I SUS2006-00044 I DRC2005,00019 I DRC2006-00059 I I I Application Name RiverSend Master Plan RiverSend Master Plan Amendment RiverSend Master Plan Amendment Subdivision Tentative Plan Subdivision Tentative Plan Major Adjustment Site Plan Review Site Plan Modification Major Approval Date March.21,2005 June 19, 2006 September 1, 2006 March 24, 2005 . September 7, 2006 April 13, 2005 September 7, 2006 I I I I I I I I This partition request complies with the above decisions and applicable land (jivision submittal requirements and approval criteria, as outlined below. Lot 8' Partition - 9/12/98 \ Page 1 Date Received: . SEP.l 2 2008 Original Submittal PeaceHealth 7: Applicable zoning districts and the Metro Plan, designation of the proposed larid.1 division and of properties within 100 feet ofthe boundary of the subject property., Aoolicant's Resoonse: All applicable zoning districts are depicted on the Zoning Plan shown on the Cover Sheet. ,"', . .,.".:.,. 8, . The dimensions (in feet) and size (either in square feet or acres) of each lot/parcel and the approximate dimensions of each building site, where applicable, and the top and toe of cufand fill slopes to scale, Aoolicant's Resoonse: The plans show the line and curve information for all segments of the boundary lines, the size of each parce"in acres, and all building outlines on the site. There are no significant cut or mi slopes within the boundaries of the subject property. , 9: The location, outline to scale and present use ofall existing structures to remain on ' the property after platting and their required setbacks from the proposed new property lines: ....... . Aoolicant's Resoonse: The.'ocation and outline to scale of all existing structures to remain on the property after platting are shown on the Partition J entative Plan. The Northwest Specialty Clinics (NSC) building on the proposed Parcel 1 is under construction so there is no present use but will house medical offices/services, consistent with the permitted use, Other buildings on Lot 8 will house a hospital and other medical offices/services consistent with underlying MS zoning and the use permitted by the RiverBend Master Plan and subsequent land use approvals. All existing buildings .on the subject property lie within the .Medical Service (MS) zoning district. Per City Code Section 32-515'(Base Zone Developmeni'Standards for MS) no iritedor side arrear setback requirements are applied within the MS Zone. Front Yard setback is 10 feet. per City Code Section 33-1020-B (Nodal Development Overlay District), maximum front yard setback is 20 feet, This application satisfies the applicable building setback requirements and is consistent with}he earlier Site Plan approval granted to construc! the NSC building. 10. The location and size of existing and proposed utilities and necessary easements and dedications on and adjacent to the site, including but not limited to sanitary sewer mains, stormwater management systems, water mains, power, gas, telephone, and' cable TV. Indicate the proposed connection points. Aoolicant's Resoonse:.' The location of existing utilities and existing easements and dedications on , and adjacent to the site, including sanitary sewer mains, storm watefmanagement.systems, water rTlli/ins, power, gaJ; and communications are identified on the plans. Existing utilities are shown on the Site Assessment sheets. Existing easements are shown on the Tentative Land Division sheets, Due to the large property area and the large volume of the City Project Planner has approved the submittal of accompanying record documents and plans, Specific information about the existing property lines, easement lines, site facilities, and adjacent public improvements can be found in the RiverBend Phase /I Subdivision Plat, SHMC site plans, and the PeaceHealth RiverBend Campus Section A and B Public Improvement Plan, Record Drawings, respectiwily. . These plan sets are referenced 6n the Site Assessment. There are no proposed utilities. 'd' , associated with this application. ,. ., . . Date Receive . ,\~,,'l'.::. ,.,::1,~': ';:.~ SEP 1 2 2008 i },1 :'~I ~:~'.rl~. ; Lot 8 Partition - 9/12/08 .~. , Page 3 . Oriainal Submittal . P"eaceHealth i: f.'lf,-^;.t. . 4. Physical features including; but not limited to, significant clusters of, trees and shrubs, watercourses. shown on the (WLQW) Map and their riparian areas, wetlands, and rock outcroppings; Aoolicant's Resoonse: The McKenzie River and the associated Riparian Area Boundary and Conservation Easement are shown on the Site Assessment.' Significant clusters of trees are shown on the SHMC Site Plan (copy included with this application), but thEW do not affect this application. No wetlands. or rock outcroppings occur on the subject property. 5. Soil types and water table information as mapped and specified in the Soils Survey of Lane County; and Aoolicant's Resoonse: Soil types and watf:ir table information.as specified in the Soils Survey of Lane County are shown on the Site Assessment. Soil type on the subject property is predominantly Malabon Silty Clay Loam (75), with some Newberg Fine Silty Loam (95) present. The majority of the subject property is fully developed and,improved, 6. Natural resource protection ar~as as specified in Section 4,3-117. I: Aoolicant's Resoonse: The McKenzie River Ripaiian.Area Boundary is shown on the Site Assessment. . , C. A Stormwater Management Plan drawn to scale with existing contours at 1.foot intervals and percent of slope that precisely maps and addresses the information described below. In areas where the percent of slope is 10 percent or more, contours may be shown at 5-foot intervals. This plan shall show the stormwater management system for the entire development area, Unless exempt .by the Public Works Director, the City shall require that an Oregon licensed Civil Engineer prepare . the plan. Where plants are proposed as part of the stormwater management system, an Oregon Licensed Landscape Architect may also be required. The plan shall include the following components: . . 1, Roof drainage patterns and discharge locations; ). 2. Pervious and impervious area drainage patterns; 3, The size and location of stormwater. management systems components, including but not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality measures; and natural drainageways to be retained; 4, Existing and proposed site elevations, grades and contours; and '5, A stormwater management system plan with supporting calculations and documentation as required in Section 4.3-1.10 shall be submitted supporting the proposed system. The plan, calculations and documentation shall be consistent with the Engineering Designs Standards and Procedures Mal,lual to allow staff to determine if the proposed storniwater management system will accomplish its purposes.' . d" . Date ReceIVe " SEP \ 2 2008 PeaceHealth Page 5 Lot 8 Partition - 9/12/08 original submittaL- ,"'. This application does not affect the previously approved analyses because no changes or additions to existing improvements are proposed. Improvements on right-of-way within, or adjacent to the subject pr9perty have been completed or have been agreed to in recorded Improvement Agreements, as listed in the submitted title report. Right-of-wayand street widths of adjacent streets are all shown of the Record Drawings referenced on the plan sheets in this'application. The subject property does not have frontage on an ODOT facility. E. A Future Development Plan. Where phasing or large lots/parcels are proposed, the. Tentative Plan shall include a Future Development Plan that: . 1. Indicates the proposed redivislon, including the boundaries and sequencing of each pr~posed redivision at minimum urban' density for proposed phasing, ~ny lot/parcel that is large enough to further divide, or a plot plan showing building foot prints for MDR and HDR minimum densities;' ., 2. Addresses street connectivity between the various phases of the pr9posed development based upon compliance with TrimsPlan, the Regional Transportation Plan (RTP), applicable Refinement Plans, Plan Districts, Master Plans, Conceptual, Development , Plans" or the Conceptual ~ocal Street Map anc! this Code; 3. Accommodates other required:public improvements, including but not limited to,. sanitary sewer stormwater management, water and electricit~;., 4. " Addresses physical features, ircluding but not limited to, significant;clusters of . trees and shrubs, watercourses shown on theWaterQuality Limited Watercourse Map and their associated riparian areas, wetlands, 'rock outcroppings and historic features; and 5. . Discusses the timing and financial provisions relating to phasing. Aoolicant's Resoonse to Section E: No further subdivision or land division phasing'.of the subject property (Lot 8) is planned beyond this Application. As such, a Future Development Plan is not . .' . . ~ included in this application. '" F. Additional information and/or applications required aUhe time of Tentative Plan application . . submittal shall include the following items;where applicable: . ~, , 1. A brief narrative explaining the purpose of the proposed land division and the existing use of the property; . ,. Aoolicant's Resoonse: This document selVes as the'narrative explaining the purpo.se of the proposed land division and existing use of the property. Dat~ Received:. SEP 1 2 2008 Lot 8 Partition - 9/12/08 . . original Subl"l1Mb>L'-I~~W, Rage 7 . ./ ." . SDC Section 3.3-400 F/oC/do/ain Over/av District: . All previous land use applications for development within the RiverBend Subdivision have been reviewed and approved for compliance with the procedures and standards of this Section. The relevant land use decisions are referenced at the beginning of this application and the findings are in the public record. No changes are being requested under this Section, and the proposed parlitioning of the subject properly into Parcel! and Parcel 2 complies with these standards. SDC Section 3.3-1000 Noda/ Deve/ooment Over/av..District: The proposed parlitioning of the subject properly into Parcel! and Parcel 2 complies with the requirements of this Section. 5. How the Tentative Plan addresses Discretionary Use criteria, where applicable; Aoolicant's Resoonse: There are no discretionafY usesidentified for this parlition. 6. A Tree Felling Permit as specified in Section 5.19-100; Aoolicant's Resoonse: Not applicable. No tre~s will be felled as parl of this application. 7. A Geotechnical Report for slopes of 15 percent or greater and as specified In Section 3.3-500, and/or if the required Site Assessment in Section 5.12.120B..indicates the prop.osed development area has unstable soils and/or high water table as specified in the Soils SUlvey of Lane County; Aoolicant's Resoonse: Not applicable as there is no development proposed with this application. All existing development was constructed in accordance WITh previously submitted geotechnical information. 8. An Annexation application as specified in Section 5.7-100 where a development is. pr9Posed outside of the city limits but within City's urban growth boundary a,nd can be serviced by sanitary sewer; Aoolicant's Resoonse: Not applicable. The subject properly is within the City limITs. 9. . A wetland delineation approved by the Department of State Lands shall be submitted concurrently where there is a wetland on the property; -.,'. :. { Aoolicant's Resoonse: NiJ{applicable. The subject properly has no wetfands. 10. Evidence that any required Federal or State permit has been applied for or approved sha,1I be submitted concurrently; 0\ . . " I:";' Aoolicant's Resoonse: Not applicable. No such state or federal permits are applicable to this application. Date Received: SEP 1 2 2008 . Lot 8 Partition -: 9/12/08 . Page 9 Original Sutmli~c APPLICANT'S DEMONSTRATION OF CO'MPLIANCEWITH CITY OF SPRINGFIELD'S PARTITION STANDARDS - CHAPTER 5, SECTION 5,12-125. 5:12.125 Tentative Plan Criteria A. The request conforms to the provisions of this Code pertaining tolotlparcel size and dimensions. Aoolicant's Resoonse: The subject area to be partitioned, Lot 8, is approximately 56 ac;e1 in size, wiih the vast majorffy of that lot wffhin the Medical SelVices (MS) zoning district. SDC 32-515 identifies 3 acres as the minimum area for MS zoning, and SDC 32-515(1) states that the minimum development area must be at least 1 acre. Consistent with these Code provisions, the. development 'authorized for Sacred Heart Medical Center at RiverBend (DRC2006-00059) included the NSC building site proposed forpartitiorying and approximately 47 acres within Lot 8. The dimensions of proposed Parcell (the parcel that includes the NSC building) and Parcel 2 (the . . . remainder of Lot 8) are shown on the Tentative Land Division Plan. The proposal complies with building setback standards for development In the MS zone outlined in SDC 3.2-515. B. . The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. . Aoolicant's Resoonse: The proposed partition parcel is zoned Medical SelVices and designated Commercial on the Metro Plan and Gateway Refinement Plan diagrams. The remainder of Lot 8 is zoned MS, Mixed Use Commercial (for the portion west of RiverBend Drive) and Medium Density Residential (the portion along the river, and the portion east of. Baldy View Lane and north of the future Loop Road). These areas are zoned consistent with their Plan designations. 'Because the proposed partition does not alter existing zoning - which has been deemed to be consistent with Plan diagrams through earlier land use: approvals - and remains consistent with earlier approval of the RiverBend MasterPlan, therequest complies with this criterion. ' C. Capacity requirements of public and private facilities, includi,'-g but not limited t~, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded and the public improvements shall be available to senie the site at the time of development, unless otherwise provided for by this Code and other applicable regulations. The Public Works Director or a utility provider shall determine capacity issues. Aoolicant's Resoonse: Consistent with the above criterion, the capacity requirements needed to selVe the NSC building development on proposed Parcell and on the remaiiJder of the medical center on Parcel 2 . have been fully addressed and constructed per earlier land use approvals (i.e., LRP2006-00010, DRC2006- . 0059 and Public./mprovement Plans). . . ... Date Received: ,--," ':,-' . .'o' SEP 1 2 2008 ..... LotN'artition c ?/1.2108) Page 11 . Original Submittal . PeaceHealth . Aoolicant's Resoonse: The proposal will establish a new parcel (Parcel 1 ) that will encompass and include the NSC building. The remainder of existing Lot 8.- which is commonly owned by PeaceHealth along with Parcel 1 - will be included in the proposed Parcel 2. Further development on Parcel 2 could be accomplished consistent with the above criterion, as allowed by Code requirements and provisions of the approved RiverBend Master Plan (LRP2006-00010). .. ,- ,- H. Adjacent land can be developed or Is provided access that will allow its development as specified in this Code. _ Aoolicant's Resoonse: Land adjacent to the proposed parcels can be developed as identified in the approved RiverBend Master Plan (LRP2006-00010). The proposed partition does not affect access or development potential of land on or adjacent to the subject site or elsewhere on or adjacent to the. RiverBend Master plan boundary. I. Where the Partition of property that is outside of.the city limits but within the City's urbanizable area and no concurrent annexation application is submitted, the standards specified below shall also apply. . Aoolicant's Resoonse: Not applicable. The property is located within the city limits. Date Received: \ SEP 12 2008 ;-::',1 Original submittal Lot 8 Partition - 9/12/08 Page 13 PeaceHea/th Page I of 1 , Tova Purnell From: STOUDER Matt [m~touder@ci.springfield.or.us] Sent: Thursday, September 11, 20081:12 PM To: Tova Purnell Subject: RE: Stormwater Scoping Sheet Hi Tova, After looking at your proposal, I've determined for the limited scope of work that we can waive the requirement on this application for a stormwater scoping sheet. You will still need to meet the requirements for tentative partition in the Springfield Development Code though. Please just print this email and use it in lieu of the scoping sheet when turning in your application. If there are. any questions at the intake, they can be directed to me. Thanks, Matt Stouder, PE Supervising Civil Engineer City of Springfield Ph (541) 736-1035 mstouder(Q)ci. sori nofield. or. us From: Tova Purnell [mailto:Tova.Purnell@kpffcivilpdx.com] Sent: Thursday, September 11, 2008 12: 10 PM To: STOUDER Matt " Subject: Stormwater Scoping Sheet Hi Matt, Please find a Stormwater Sccoping Sheet attached for completion. I have filled out the top with our project information. If you could complete this and forward it back to me by the end of the day it would be greatly appreciated as I am trying to complete a Tentative Submittal Application due first thing Friday morning. I apologize for the short notice and appreciate your help. Thanks, Tova Purnell Project Administrator KPFFConsulting Engineers 111 SW Fifth .Avenue, Suite 2500 Portland, OR 97204 503-542-3817 Direct Date Received: SEP 1 2 2008 Original Submittal 9/11/2008 ., " DECLARATION OF COVENANTS, .. C.9NDITIONS AND RESTRICTIONS DECLARANT: PEACEHEALTH, a Washington non-profit corporation . SITE NAME: RIVERBEND CAMPUS SITE ADDRESS: City of Springfield, Oregon AFTER RECORDING RETURN TO: PEACEHEALTH 1255 Hilyard Street Eugene, OR 97401 Attention:. Chief, Financial.Officer SPACE BELOW THIS LINE FOR USE OF COUNTY RECORDER'S Oi"r'ICE . Division of Chief Dep~ly Clerk' ~~ne County Deeds and Records .l~~~m~m~J' 11111'1' 1111111111111111111111111111111111 .$256.00 00988 1J4210 100: 97 130'l70'.74 .. . . 04/08/200803:50:21 PM RPR-REST Cnt=l Stn=6 CRSHIER 07 $235.00 $10:00 $11.00 tJ:;:,',_-,' '..... . Date Received:' SEP 1 2 2008 " :"~; .. . . ' Original Submitt~1 . . ~':~!~ijh~".,:,..J ::"'<-'1', 1.4 Common Areas '-'Common Areas" means the areas within the Propelty which are designated for the common use and benefit of all Owners a;ld Occupants. The Common Areas incorporate ' all Common Area'Improvements, to the extent not dedicated to a public entity, located within the Common Areas including, by way of illustration, but not by way oflimitation,. the following: public.righ(of-way landscaping, including, but not limited to, tree wells or strect trces; sidewalks; drainage ditches; irrigation; any public trail system; entry monuments; directional signage. and all othe,r general purpose sign age; and related lighting systems and fixtures. Attached hereto as Exhibit C is a map delineating the Common Areas, The Common Areas may be modified from time to time as provided in . Section 7.2. 1.5 Designated Voter "Designated Voter" means that individualliamep in a written notice given by an . Owner to the Seci.etary which notice sets fot:th (a)"the address oftheJksignated Voter for . such' Owner, and (b) the numbei. of votes which shall be'voted by such Designated Voter. . 1.6 DevelopmentPlans "Development Plans" means plans fm.the development of any Third-Party I mprovemen ts. '1.7 Development Standal'ds ':Development Standards"mcans the standar~s for improving thc Propcrty, attach cd hereto as Exhibit B. .- 1.8 Director. "Director" lneans a membet:.oftheBoard. 1.9 Environmental Cost "Environnicntal C~st" ineludcs, but is not limitcd.to, costs and damages arising from or relating to: (a) any.violatio;l of, or noncompliill1ce with, any applicablc . Environmcntal Laws; (b) daiins for damag~s, rcsponse costs, audit costs,:iines, fces or .other rcliSf relating to matters addressed in any applicable Environmental Laws; (c) injunctive relief relating to rnatters addressed in any applicablc Environnlcntal Laws, and (d) Hazardous'Substance Releases. Costs and damagesasused in this Section.shall include, but are not limited to: (i) costs of evaluation, assessment, testing, analysis, . . ~ . clcanup, t~emediati.on,'I'emoval,disposal, monitoi.ing and maintenance, (ii) fees of. attorneys. engineers. consultants, and experts, whether .or not taxable as costs incurrcd at, .. , ,'~ Date Received: PAGE 3 ;1,1"... ,'" . '1/RivcI'BcI1d CCRs AS RECORDED 2008-4-8.doc] SEPl 2 2008 ..... : ,to , 0.' Orlglna! Submittal -. 1.16 Occupant "Occupant" means any Owner, licensee, tcnantor subtenant in lawful possession of all or any portion ofthe'Propiaty. - ] .17 Officer "Officer" means either the Prcsidcnt or Secretary of the Association or any . . . acklitional person as may be so designated by the Board. 1.18. Owner " "Owner" mcans PeaceHealth or the owner of any lot, parcel or portion of thc Property or any party in lawful posscssion of any lot;parcel or portion of the Propelty pursuant io a ground lease, and any successor of such ground lessee's. interest under a ground lcase.. . . ;. 1.19 PeaceHealth "PeaceHealth" means PcaceHealth, a Washing'ton non-profitcorporation,.its successors and assigns. - 1.20 President . "PI'esident" means the Presidcnt of the Association, selected in accordancc with Section 3.]5. 1.21 Pl"Operty , "Propeliy" n1ea11s the real property ih Lane County, Oregon legally describcd on thc attached Exhibit A hereto. 1.22 Reviewer "Reviewer" means PeaceHealth. 1.23 Secretary . "Secretary" means the Secretary of the Association,selected in accordance. with . SectiOli 3.15. \. 1.24 Third Party Improvements "Third Party Improvements" nleans any improvements made to any Third Party Pa;"cel by an Owner other than PeaceHealth. Date Received: '. ': ~-!:: I/RivcrBclld CCRs ^S REC01~bE1) 2008-4w8.dtlc) SEP 1 2 2008 PAGE 5 ". I.,' ".' Original submittal \ 2.1.1,9 Theright to record a map delineating the Common Areas 2,1.1.10 The right to 'enforce theseCC&Rs and the Development . Standards to .the extent the Association is not obligated to enforce them or fails to d? so. 2, 1,1,11_ The right to approve storage, treatment; deposit, placement or disposal of any Hazardous Substance, 2.1.1,12 The right to approve any change in the prohibited uses of the Propeliy as set forth in Sections 6.15 and 6.16. 2.1.1.13 The right to grant or revoke the license for use of the Common Areas, or pOliions thereof, pursuant to Section 7.1 herein, and to evict anyone fTom the Common Areas 'who fails to"comp1x with applicable law~. 2.1.1.14 The right to enforce the rules or regulations of the Association to the extent it fails to do so, 2, 1..1,15 Except in the,case of an emergency or an agency order requiring irnmediate action, PeaceHealth shall have. the right to approve or disapprove any proposed investigatory, remediation, dean-up or removal actions of the Association' which are required pursuant to its environrriental responsibilities under Section 6.1.2 with respect to the Common Areas, PeaccHealth shall havc the right to requirc the Association. to request oversight from DEQ .of any investigatory, containnient, remediation and removal activities and/or require the Association t~ s~ek a statement from DEQ of "No I Further Action," ' ( . 3. RIVERBEND TENANTS' ASSOCIA nON 3.1 Formation The Association shall be known as the RiverBend Tenants' Association and shall be formed by PeaceHealthas a Washington nonprofit corporation as soon as practicable after thc recording of these CC&Rs and completion of the Common Area Improvements,' . but in no event later than the recording of a memorandum of ground lease for any 'Third . Party Parcel. All Owners shall be members of the Association, The Association shall act through the Board, the membership of which shall be established pursuant to.Section 3.5, herein, . Date Received: , SEP 1 2 2008 Original Submitt;>1 PAGE7 j/RivcrBcnd CCRs AS HECOI~DED 2008.,4.S:doc] , .. . 3.3.1.9 Defend and indemnify PeaceHealth from any liability for all claims, damages, expenses, costs or fees arising from the duties or obligations of the Association, including, but not limited to, bodily injury, propelty damage, or thc clean-up, remediation or removal of any Hazardous Substance Release. . . . ' '.; . 3.3,1.10 Obtain policies of insurance as may be necessary or appropriate, naming PeaceHealth and all Owners as'an additional insured, to protect the Association against claims or loss arising from or occurring on the Common Areas or the operation of the. Association. The types and amounts of coverage shall be as the Boal:d may from time to time deem appropriate for the' protection of the Association,~its members, Directors, officers and employees, ' 3.3.1.11 Contract for such services including, without limitation, legal and accounting'services as may be necessary or appropriate to manage the affairs of the Association properly and in accordance with these CC&Rs, whether the personnel performing such services. are employed directly by the Association or by a manager or managenlentfirm or agent retained by the Association. 3.3.1.12 Appoint conilllittees from among the Directors and appoint non-Board members to suc,h committees as,the Board maydetermine from time to time to be appropriate to assist in the conduct of the affairs .of the ,Association and delegate to any. such committee any autllority as the Board may deem appropriate, subject in all cases to . the provisions of the CC&Rs.' ' . , 3.3.1,13 Propose lilodifications; reductions or expansions 6fthe Common Areas to PeaccHcalth. ' , 3.3.1. I 4 Execute amcndments, additions or deletions to the CC&Rs . . . , and tlle Development Standards. 3.4 Voting by Mail ' Voting by any party eiltitled to vote may bc by mail, or othenneans acceptable to thc Board, with respect to any mattcr bcforc thc Board.or the Association. In any case in which voting by mail is neccssary or desirablc, the. Secrctary shall givc writtcn notice to any party entitled to votc, which noticc shaJI (a) include a written resolution or ballot, setting forth the proposed actions or candidates (b) state'that any party cntitled to votc is entitled to vote by Illail for or. against such resolutions or candidatcs and (c) specify a datc not less than twenty-five (25) days after the date.of such' notice by which all votes must be received at the principal offic.e of the Association. Votes J'eceived after the,date'specified shall not be effective. " . Date Received: SEP 1 2 2008 [/RivcrBcnd CCI{s ^S.RI~CORI.)ED 2008-~-8.d(1cl Original Submittal PAGE 9 , " ' ., , ,'('-,,11. \ .j ~ ~ '; - , . provision of these CC&Rs and shall detenrtine among theri1selves how their votes will be cast and who their Designated Voters shall be. If such persons or entities cannot agree on how their votes will be cast, their vote will not count. 3.5.4 Meetil,lgs of Owners to Elect-Directors.-' Any meeting of Owners Jor the purpose of eJecting Directors shall be conducted in . . accordance with the following procedures: . . . 3.504.1 The first such meeting shall be held no later than thirty (30) days after at least two Owners are inpossession of a Third Party Parcel. . Subsequent meetings shall be held no latei" than thirty (30) days prior to the e~piration of the term of any Director or such time that a majority of Designated Voters request such meeting. 3.5.4.2 Any m~eeting pursuantto this Section 3;5.4 shall be _ held at such place within Lane County, Oregon as may be designated by the Board. The Secretaj'y shall give wri{t~n notice of the place and time of any such meeting to each Designated Votcr entitled to vote at such meeting at least ten (10), but not more than sixty (6.0), days prim. to the date set for such meeting, which notice shall state thepUlpose, time, and place of the meeting.. The Secretary shall be responsible to notify a Designated Voter of a meeting only if the Owncrfor which sucll Designated Voter is designated to . vote has given. written noticc to the Secrctary setting forth such Designated Voter's name and address at least fifteen (15) days prior to thc giving of the notice of the meeting. Notice of any such. meeting may be ,waived by' any Designated V otei. or by PeaceHealth at any time. No Designated Voter who is present, at a meeting may object to the adequacy or timeliness of the notice given. . . 3,5.4,3 -Any Designated V9ter may give a proxy to any person, so long as such proxy is in writing, signed by such Designated Voter, and filed with the Secretary. A proxy shall expire on the earlier of (a) eleven (II) months after the date of the proxy; (b) thc date ofthe expiration or.earlier termination of the ground lease . , I . . . for which the Designated V oter is designated to vote; (c) the date that the Owner for. which the Designated Vo.teris designated to vote no longer is an Occupant; or (d) the date of the meeting 'at which a vote is to be held for which proxy is grailted.. 3.5.4.4 The presenc.e, in person or by proxy, of Designated Voters entitled to east at least fifty-one. percent (5J.%) of the total votes entitled to be east. at any meeting shall constitute a quorum; When voting is by mail pursuant to the. provisions ofSectiori 3,4, a quorum shall be constituted if the numbei. of votes cast equals at least fifty~one percent (51 %) of the total votcs entitled to be cast. \;\.1- . Date Received; . SEP 1 2 2008 . P/\GEII . . f/[{ivcd3CI1\1 CCRs AS RECORDED 200ff:4:S.d?c] _l'" .~.~;' . Origin?1 Submitta.l to Section 3.15.3,.suchmeeting m~S/bescheduled by the President or, if the meeting is also for the purpose of clecting a successor President or rernoving the Presidcnt, any othcr Director. . 3.9.4 Place of Meetings Mcctings ofthc Board shall beheld at such place within Lanc County,Orcgon, as may be designatcd from timc to time by the Board. 3.9.5 Notice The Secretary .shall give writtcn notice to cach Director of each Board nlccting at. lcast ten (10) but not more than sixty (60) days prior to thcdatcsctfor such meeting, stating the purpose, timc, and placc of the meeting. Notice shall bc ;;ent to the address of each Director as listed on the books of the ~ssociation, or to such other address as any. Director may designate by written notice to the Secretary given at least ten (10) days prior to thc giving of notice of the meeting. Notice of any mceting may be .waived by any, Director at any time. No Director who is present at a meeting may object to the adequacy or timelincss ofthc notice given. When a meeting is adjoumed for fewer than sixty (60) days, whether or not a quomm is present at the adjourned meeting, no notice of the resumption or reconvening of such adjourned meeting need bc givcn othel: thmi by announccmcnt at the mccting at which such adjournmcnt takes place: 3.10 Voting by the Board Each Director shall have one (1) votc. So long as a quorum is constituted and in attcndance, a majority vote of the Directors' shall bind the Association. For capital expenditurcs to pc made by thc Association, at lcast 51 % of the vote of a quorum 1,11uSt votc in favor of the expenditures. . 3.11 P.'oxies Votes by Directors Not Allowed. . A Dires;tor may not vote by proxy. 3.12 Quorum 'The presellce of a majority of the Directors, including a majority of Peace Health Directors, shall constitute a quorum for voting at a Board meeting, When \~oting is by mail pursuant to the provisions of Section 3.4, a quorum shall be constituted if the mimber of votes cast equals at least fifty-oile percent (5] %) of the total votes entitled to be cast ThcBoard shall havc the power to calland/or adjourn a mecting cvcn ifless than a quorum is present. Date Received: SEP 1 2 2008 PAGE 13 VRivcrl~cnd CCRs AS.RI:CORDFD 2008-4-S.docJ Original Submittal " .'. ! 3:15.4 Pr'esident The President shall be the chief executive officer of the Association. The . President shall have all of the general powers and'duties norn1ally incident to the office. 3.15.5 Secretal'Y . .' The Secretl\ry shall keep the minutes of all proceedings ofthe Board and all other Association recordsand.shall attend to the giving of all notices to the Board and other notices pursuant to these CC&Rs or requir~d by law. The Secretary shall be responsible for Association funds and shall keep full al}d accurate financial records and hooks of account sufficient for proper accounting purposes showing all receipts and disbursements necessary for the preparation of all required financial data and tax returns. The Secretary shall be responsibkfor the deposit of all Association funds in such depositories as may from time to time be designated by the Board, and shall disburse Association funds for such purposes as may be perrnitled under these CC&Rs. The Secretary shall pe\-[01111 all other duties incident to the office of secretary of the Association oi. as may be directed by the B.oard. The Secretary shall perfOlin.all.ofsuch duties at the expense of the Association: 3.16 Execution ofInstruments All agreements, contracts, and othel~ instmments of the Association shall be executed by stich person or persons as may be designated from time.to time by resolution of the Board. ' . 4. ASSESSl)1ENTS 4.1 Annual Assessments 4.LJ 'Authority to Assess , Bubject to thc limitations and requirements set forth in this Section 4.1.1, the '. . t. Association shall have the authority to levtaJ]llUal assessments to pay all expenses . associated with the Association's performance of its powers, duties, re~ponsjbilities and :obligations under theseCC&Rs, Including without limitation the powers, duties, responsibilities and obligations set forth in Section 3.3; to pay all utility, insurance, maintenance, repair; replacement and other expenses inculTed with respect to the Common Areas and to maintain the reserve funds described in Section 3.3.1.6. In addition, any such assessment shall include, without limi\aiion, the.costs of the . maintenance or repair of improvements located within dedicated portions of the Propeliy . which have been dedicated and accepted by a govemmental agency. The Association shall bill each Owner and/or Occupant for their.share of the assessments as determined in Date Received: [lRivcrlknd.CCRs AS RECORDED 2008i~~8~doc] . ~ SEP 1 2 2008 PAGE 15. .:$'\~'i"f"lr'~,... :,'" J. to, " Original Submittal the, commencement date of each succeeding fiscal year, the Association shall prepare and make available to the Owners, at the office, of the Secretary, a proposed budget of the estimated costs and expenses to be incurred'by the Association during the'following fiscal year ill performing its functions hereunder. The budget will be accompanied by a . schedule showing the annual assessmcnts to b,e assessed to the Owners for the following fiscal year. Failure of the Association to prepare:tl1c budget alld accompanying schedule . shall not relieve the Owners of their obligations to p~y an.nual assessments for the'fiscal year which would have been covered by the budget. In the. event the Associatioll does not prepare the budget and accompanying schedule withill ten (10) days prior to the commencement date of any fiscal year, the,Association shall continue to le'!y and collect annual and special assessments at the level of the previous, fiscal year, pius an increase of . not more than ten percent (10%) if approved by the Board. Then, at the time the . Association adopts its budget, sueh budget1shall be effective as of the first day oft)1e corresponding fiseal year. In the event the amount of the budgeted annual assessments is in excess.of the amount aetually paid by the Owners for such fiscal year, then the Owners shall pay the amount bf such excess to the Secretary within thirty (30) days after thc effective date of notiee to the Owners of the proposed budget. In the eventthe amount'of the budgeted annual assessments is less than the amount actual1y paid by the Owners for such fiscal year, then the Association shalleithe.r apply the excess to the Owners' next due installments of annual assessments orrefund the excess. Excluding taxes, insurance, utilities, repair or replacement ofComl11onArea Improvements, and damage and destruction not within the reasonable contr()1 of the Association, in no event shall costs and expenses incurred by the Association increase more than lO% over the previous fiscal,., year on a per square foot basis. . . ., 4.2,3 Audits An Owner, its agents and accountants, shall have the right to examine and audit the Association's'bcioks and records relating to any cost or item that is assessed to Owner upon ten (10) days written. request by Owner to the Association, ' If an Owner disputes the accuracy of the Associatioil's assessment, the. Owner shal1 still pay the amount shown owing pending completion of the audit. If-an Owner's audit of the books and records shows that the amounts shown on the assessment are five percent (5%) or more higher than the aetual amount owed by the Owner, the Association shall, on demand, reimburse tne Owner for all reasonable costs of conducting the audit. Any overpayment or underpayment of the annual assessment shall be adjusted by the pmiies within ten (1 0) business days after the audit is completed" The Assoeiation shall keep complete and accurate books and records relatingtoall expensesifor a period of three (3) years, which l:ecords shall be kept in accordance with generally accepted accounting principles consistently applied, The Association shall provide each Owner with a copy cif any audit furnished toar received froln.any other Owner. An Owner shall not have the right to Date Received: SEP 1 2 2008 PAGE 17 IIR!veri?Clid CCRs AS RECORDED 2008-4"-8.dllCj Original ~ubmittal 5.3 Approval Rc.vicwcr may approve proposed Third Party Improvements as submitted ar subject them to' such specificcanditians as'Xeviewer may reasonably determine to be appropi"iate to meet the CC&Rs and the Development Standards, Any disapproval of the Third P;rty Impravementsshall specify the reasons {or disapproval in reasanable detail in a written notice of nonconformance, Reviewer shall have thirty (30) calendar days to approve or reject any Development Plans submitted or re-submitted Ul1der Sections 5.1 or 5.3, FailureofReviewer to act within.said:time shall be deemed approval afthe proposed . Third Party Impravements. 5.4 Commencement of W.ork As soon as practicable after the receipt of approval by Reviewer, if the Owner elects to prO'ceed with. the Third Pmiy Improvements,' the Owner shall satisfy any and all, , conditions O'f such approval, secure all necessary gavemmental permits and approvals, , and promptly cO'mmence construction of the Third Party Impravements, Approval of any Third Party Improvements shall automatically be deemed revaked ane year after issuance unless constructian of the Third Party ImpJ'ui'ements has commenced or the Owner has applied far and received an extensian of tirne from the Reviewer. ' 5.5 Completi~n of Work Any approved Third Party Improvements shall be substantially campleted within twO' (2) years aft~r the date of cammencenient .of construction. Landscaping shall be campleted within six (6) months aftcr substantial canlpletion O'f associated Third Party. Improvcments unlcss weather conditions or timc ofyearintcrfere with thc ability to rcasanably complete such landscaping. In all cases"such landscapingmustbe COJilpleted . within nine (9) months af substantial completiOJi of Third Party Improvcmcnts. Promptly after completion af any Third Party Impi'ovement, the Owner shall give writtcn notice of completion to Reviewer. Such natice shall be accampanied by a certificate'of the Owncr, in a form and content reasonably satisfactory, to' Reviewer,. that such work has been undcrtaken and completed in campiiance with the approved plans and these' CC&Rs, Within thirty (30) days after the effective date of such.natice, Reviewer may, at its option, inspect the campleted.Third Party Improvements and give written ilatice to' the Owner O'f any respects in which tile completed Third Party Improvements fails to' conform to' the, plans therefor as approved. Such notice sh\lll specify a re'!,sonablc period, which shall bc not Jess than thirty(30) days, during which the Owner may rcmcdy the noncanformance. If Reviewer does not give notice O'f nonconformancc within thirty (30) days after the datc .af rcceipt of thc notice of completian, the Third Party Improvements shall be conClusively . pr~su'med to be approved as completed. . Date Received: SEP 1 2 2008 rtRivcrBcnd CCRs AS I~ECORDr:1) 2(}{~8~~~~~d(]fJ . Original Submittal PAGE 19 " ".' . i:.' ~ r ("Variance Request").PeaceHealth will evaluate each Variance Request and will nC)tify the Owner, in v.:riting, of its decision within fifteen (15) Business Days.of receipt of a . Variance Request. The Variance Request shall be approv~d only ifit can be determined that: (a) enforcement of the standard in qu~stion would cause development constraints which would make the Third Party Parcel significantly more difficult to dcvclop than other Third Party Parcels subject to the same standards; (b) there would be no mater'ial adverse impact to adjacent existing development orto the provision of basic services to the Property and other Owners; and (c) the,proposed variance meets the overall objectives of the Master Plan and the objectives of the relevant sections of such plan. Reasoriable .. , ' conditions related to the variance may be required as part of the variance approval. Variance Requests for signage shall not be'unreasonably denied ifit is determined that: (i) there would be no material adverse impacHo adjacent existing or future development; and (ii) the proposed variance meets the ovej.all objectives of the Master Plan .and the. . objectives of the relevant sections of such plan. Reasonable conditions related to the variance. may be required as part of the var:,iance approval. . . . .6. PROPERTY USE AND RESTRICTIONS .6.1 Landscaping and Maintenailce . I . " Each Occupant shall maintain in good condition the property Jeasedor owned by such o.ccupant, and any Third Party Improvements thereon, at such Occupant's expense. Required maintenance and repair shall include but are not limited to' (a) rmiintenance of all parking areas, private drives, curbs, and walkways in accordance with these CC&Rs in . . a clean and safe condition, including, repairing, and restriping as often as is necessary; (b) maintenance of landscaping in ano attractivc, neat, orderly, and cut condition at all times free of brush, weeds,and debris; (c) cleaning, mainten;mce, and rdar)lping of any external lighting fixtures; (d) maintenance of exteriors. of buildings inan a\tractive and. neat condition at all times; and ( e) maintenance in conformance with the Development Standards.. . . 6.1.1 Association's General Responsibilities . ' The Association shall maintain, repair and replace Common Area Improvements, and maintain and repair improvements in sllch dedicated public rights.of-way where such . maintenance or repair is required by a public agency, in a first class condition and in . accordance with the Development Standards, Maintenance shall inClude ordinary upkeep, litter remO\ial, repair of physical damage due to any cause and maintaining the overall . . . aesthetic appcarance of the Common Area Improvements, Date Received: SEP 1 2 2008 [/RivcrBcnu CCRs AS RECORDED 200g-4-8.doc] Original Submitt~1 PAGE2l ,~ . . potential hazard in the opinion of the Association, the Associatio;] may have such waste . immediately removed and charge the expel1se of such removal to the Occupant. 6.5 Improvements in the Common Areas . . . No improvements of any type shall be erectcd or maintained by any Occupant so as to trespass or encroach upon the Common ~rcas. " .6.6 . .Air Quality . ~- No open burning shall be permitted on the Property. 6.7 Watel- Quality Neither the Association, lior any Occupant shall discharge, allow; or suffer the dis.charge of treated or untreated sewage oi. other materials into 1he sanitary sewer system of the Propelty unless it is in conformance with all applicable laws, codes and ordinances and drinking p~otection regulations. 6.8 Noise, Odor, Heat and Glare . No objectionable noise, odor, heat or glare which is detectable beyond the Propcrty shal1 be al1owed, except as reasonably necessary during construction of-Third PaJiy Improvements.. , 6.9 Vibration No vibration which is discernible without the aid of instruments shal] be permitted beyond the. boundary of the Property, except as reasonably necessary during construction of Third Party Improvements. 6.10 Waste Materials All materials, including waste materIals, shall be stored in a mannel:which wil1not attract or aid in the propagation of insects, ,birds, and/or rodents or other vectors or in any . way create a health hazard. . , 6.11 Use of Hazardous Substances The Association shall be permitted to usc, handle or store Hazardous Substances only as iJecessary to carry out its obligations under these CC&Rs. to maintain, repair or replace Common Area Improvements... .. . " I . .' Date Received: SEP 1.2 2008 .'; '., . '-~,. Original Submittal PAGE 23 11RivcrBcnd ~X'Rs AS RECORDFI) 200S-4-&.doc] . " . 'I'. . . identified in the Springfield Development Code and are further restricted by the Master . Plan and by these CC&Rs. 6.15.1 SpecitkPr6hibited Uses. . 6.15.1.1 Uses which predominately use, handle, generate, disposc of, transport or transfer Hazardous Substan:ces. The incidental use of Hazar~ous Substances in conjunction with uses permitted by these CC&Rs shall be allowed. Retail. .. facilities shall be permitted to stock and seli Hazardous Substances that are normally stocked and sold.by like and simiIar businesses in' other locations; provided,no retail facility shall be permitted to stock or sell Hazardous Substances in bulk quantities on the Property. 6.1~.1.2 Entertainment activities which include an adult arcade, adult books~ore, adult cabaret, adult theater, adult vidco stqres, escort agen.c'y, nude .modeling establishment or other sexually oriented adult business. As used herein, the term an "adult book store". or "adultvidco ~tore"shall n.ot prevent a full-lil1e book store or a full-line video store from can;ying adult rnaterials so long as such n;aterials are incIdental to its over-all operations and are discretely stocked and handled. Nothin.g contained within this Section 6.15.1.2 shall be constmed to restrict or preclude the usc of thc Property as a "bar," "tavern," or "cocktail lounge," nor shall this Section 6.15.1.2 bc construed to .p;.event the sale of alcoholic beverages on the Propelty. 6.16 Additional Prohibited Uses' Notwithstanding Section 6.15, thc following uscs shall be prohib,itcd on all Third Party Parcels: The pcrformance of any activity in violation of Peace Health's cthical policies, including but not limited to, abortion, euthanasia, physician assistcdsuicidc, and rcsearch involving the use of embryonic stem cells from. the destruction of human . embryos or the tissue of aborted fetuses. . The performance of any of the aforesaid prohibited procedures, services or activities with the knowledge and acquiescencc of Occupant or Owner shall constitute a violation of these CC&Rs. , . 'C 6.17 Conflict Between These CC&Rs and the Mastel' Plan Hthereis any conflict between these CC&Rs and the Master Plan, any ground . lease or other lease, the morc restrictive provisions shall apply. . 7. COMMON AREAS 7.1 Ownership and Right of Use PeaceHeaIth owns fee simple title to the Common Areas and shall continue to own fee simple title to the Common Areas untiIPeaceHeall:!>l!inl;!~Qtb\3tOOe divests its SEP 1 2 2008 . P^Gl~ 25 [/RivcrBclld CCRs AS RECORDI:.D2008-4-8.doc}. " " . Original submittal .- 8.2 Purpose of Easement Any easement Qver the Property sh~ll only be for the purpose of installing, maintaining, repairing apd replacing public or private utility lines, communication Ijnes, and rclated facilities reasonably necessary and/or convenient for the development of the Property and/or a Thii"d'p'arty Parcel. The precise location of the easement shall be subject to the prior approval of the Owner of any portion of the Property over which the easement crosses ("Servient Parcel") and peaceHealth if the applicable Third Party Parccl is subject to a ground lease; which approval shall not be'unreasonably withheld, conditioned or delayed. It shall. be reasonable for the Owher or PeaceHealth to object'to a proposed easement if the same is to be located in an area in which the Owner of the Servient Parcel intends to construct any above grade improvements in the easement. right-of-way OJ'thc easement, and/or the right-of-way related to same encroaches upon any existing improvements. Any requestecl.easement over a Third Party Parcel shall be in . ",'riting and delivered to the Owner and PeaceHealth; together with the information referenced in Section 8.1(a) -(d) above. The affected Owner shall have a period of fifteen (15) business days within which to approve or disapprove the proposed easement. 8.3 Responsible Party . The party requesting an easement (the "Benefited Party"), ifapproval is granted, shall be responsible for all costs and expenses related to the installation of the facilities . for which the easement is intended, all of which shall be placed underground to the extent reasonably possible. The Benefited Party shall cause a1l work involved to be performed. so as to not unreasonably interfere with the use and enjoymcnt of the Servient Parcel and shall promptly restore the surface of the area involved to the condition existing prior to . the commencenlent of any work by the Benefited Party. The Benefited 'Party shall . defend, i6demnify and hold the lessee of the Servient Parcel ha~ml~ss fi'om all loses; costs and cxpenses (including reasonable attorney fees), arising out of and/or related to the work performed by the Benefited Party relating to the easement. The Benefited Pmiy shall provide liability coverage, in a commercially reasonable amount, and written by a company authorized to do business in the state of Oregon and otherwise reasonably acceptable to the lessee of the Servient Pm'cel. In the eve'nt that the existence of the easement granted pursuant to the provisions of this Section 8.3 results in any ad valorem p;.operty tax liability to either PeaeeHealth!,or the OWlier of the Servient PatTe], the Benefited Party shall pay the amount of any such tax: .8.4 Relocation of Easement . . The Owner of a Servient Parcel may, from time to time, at its costs and expense, relocate an easement and the facilit.ies located therejnand the following sha1l be applicable: (a) there sha1l not be any interruption of utility services, and (b) all costs and expenses associated with such relocation shall be the responsibility of the lessee 'of the . .. Date Received: PAGE27 rm.ivcrBcnd CCRs AS REC()i~])ED 2008c4-8.docj I" 'i~ '., SEP 1 2 2008 Original SubmittaL r 'r- , 10. ENFORCEMENT / PeaceI-lealth and the Association sh!ill have the right to enforce all of thc covell ants, conditions, restrictions, reservations, easements, and changes now or hereinafter imposed pursuant to any provision of these CC&Rs by any appropriatc proceeding at law 'or in equity, subject'to any 'limitations i~lposed by these CC&Rs, Any remedies specifically provided herein are nonexclusive and cumulative and are in addition tei all other remedies available to PeaeeI-lealth and the Association at law or in equity, Any Occupant shall have"the right to petition any court of conipetent jqrisdiction to require specific performance of any provisions of these CC&Rs. The Association reserves the right to perfonn the landscaping and maintenance obligations Of Section 6.] , if Owner and/or Occupant fail to perform such obligations within ten (10) days after written notice. ,The cost of such enforcement by PeaceI-lealth and the Association, includjng but not limited to, interest, costs and expenses of collection and reasonable attorney fees, will be assessed to the Owne'r and/or Occup'ant, and PeaceI-lealth and the, Association reserve the right to secure a li<;n against the Owner's 'Third Party Improvements for failure to pay s~chassessmentwithin a reasonable time. 11. GENERAL PROVISIONS ] 1.1 Duration . . These Covenants, Conditions, and Restrictions shall run with and biild, benefit, and burden the Propei.ty, PeaceI-lealth, all Occupants, and the sublessees, invitecs, and guests of all Occupants until Ninety-Nine (99) years from the Effective Date unless . extended by PeaceI-lealth as follows: PeaceI-l'ealth shall have'thc right to renew these CC&Rs for an unlimited number of successive five-(S) year periods by'recording a notice to that effect in the real property records of Lane County, Oregon prior to' the original expiration ditto. as stated above or the expil:ation date of the following renewal.period. 11.2 Severability In the event any provision of these CC&Rsis determined to be iJ1valid or , unehforceable, that determination shall not affect the validity or enforceability of any' other provision or of the same provision to a different situation. --, . 11.3 NOli-Waiver . . . . . ';' , . Any failure of the Association or ofPeaceI-lealth to enforce a covenant, condition, or restriction contained in these CC&Rs shall not be deemed to constitute a waivet of the Association's right or.ofPeaceI-lealth's rightto enforce that or any other covenant, condition, or restriction contained in these,CC&Rs. . Date Received: SEP 1 2 2008 PAGE 29 I'lRivcrl3cnd celts AS.RECORDED 200S-4-8,(]oc] .il" '''. . Original Submittal PeaceI-lealth. 1255 I-lilyard Street Eugene, OR 97401 Attention: Chief Executive Officer Copy to: Peac;eI-lealth Legal Department 14432 SE Eastgate Way, Suite 300 Bellevue, WA98007-6412 . Attention: Senior Vice President of Legal, Services 11.10 Attorneys' Fees In thc event suit, action, arbitration'or other proceeding of any nature whatsocver, , j . including, without limitation, any proceeding under the U.S. Bankruptcy Code, is instituted to interpret or enforce any proviSion of these CC&Rs, or ~ith respect to any dispute relating, to these CC&Rs, including, without limitation, any action which a declaration of rights is sought, the prevailing party.therein shall be cntitled to recover froni thc losing party its reasonable attorney fees and all other costs and expenses actually incurred and reasonably necessai'y in connection therewith, and any other sum as the court or arbitrator may adjudgc reasonable as attomeys' fees, costs and expenses, at ti'ial and oil any appeal. 11.11 Dispute Resolution' If a dispute arising under or involving interpretation'of these, CC&Rs (othcr than a dispute involving nonpayment of assessments) cannot be resolved through negotiations between PeaceHealth and the Association, 'or an Occupant to the extent the dispute' involves their intercsts, the parties shall submit the dispute to nonbinding mediation. Any , pmty may request mediation. The requestilig party must suggest an independent mediator 'with the request for mediation. If the, parties cannot agree on a mediator, any party may apply to the Presiding Judge, Lanc County,Circuit COUlt, for appointment of a mcdiatoL The-partics shall share equally in the fees ,and costs of the mcdiator, Each patty shall be rcsponsible for, its own attorney fces, Mcdiation shall be in. Lane County, Oregon, unless the pmties agrec othcrwise. If a dispute is not j'esolved by mediation, the palties may, bu.t are not required to, agl'ee'to submit the dispute to binding arbitration; in su~h casc, thc pmtie~ shall agree upon the arbitrator, or if they are unable to agl'ee, to seek"appointment of ap arbitrator from the presiding judge, Lane County Circuit COUlt pursuant to the' '.Commercial Arbitration Rules of the American Arbitration Association with the prevailing pmtyawarded its fees and costs.' If a dispute cannot be resolved by mediation, , and the parties do not agree to submit the disputeto arbitration, any pmty may filc a lawsuit to resolve the dispute in a COUlt with proper jurisdiction located in Lane County, Oregon. In case of a\l emergency, a party may request emergency injunctiv,e relief prior to going through the claims procedure outlined in this Section. Except to the extent "', II Date Received: .. SEP 1 2 2008 PAGE3l {/RiverBcnd.CCRs AS RECORDED 2008-4-8.doc]' . . . -'. Ori"ina\ submIttaL '" 'EXHIBIT A LEGAL DESCRIPTION OF THE PRQPERTY i\ pr,rcc] of hmd loeEtcd in the wut]lIvcSI, qmuicr of Section JAund Ih" ~asl half of Section 22, the wcst halfofScction 23, the southcast quarter ()fSecllon IS, an in Township 17 South, R;1l1gc' 3 West, Willmn,,;te Meridian,.Lanc County, Oregon and being more parlicidurly described us. . [oHows: ' Commenting al the northciJstcomer "(lhc'vVilli"jn J\t"St"vcns Donation l...:llld Claim No,4t;, To\vnship 17 Sl.Hllh, Rallge 3 W""t, Willamdte Meridian; thOllGe along'tho cast line of said Donation] ,ll1d Claim South 14"52'35" Fast,.592.67 ]"e~l; thence leaving said caitlin" NOl:th 880] 6'40" Wes'., 27.96 ]"oetlo the Trlle Point ofBegiuuiugoftlle herein described tract; thence South 24{' 52! 35" E?-sf, 420.30 feet to the b~giiUlitig;of a ~12.00 foot radius curvecoucavc not'lhcaslcriy; iheru.:,eSotllhcTly t 02.05 feel aJ~ng the ru.'c of said curve "thn>\.1gh ~\ ~,eillral angle 'of 18"44'26", with a long cbord of South 340 1'1' 48" East, 101,,60 feor 10 the'begimiing of262.00 foot raclJus reverse c\lrve cone'lVCSOUlbv.'esterly: thence southeaslerly 85.70 lectalong the arc of said cw"" through a ceI11I'al'aoglc,ofJ80 44' 26", witha long'chord o[South 340' 14' 48" East, . 85,31 fect; Ihence South 24" 52'35" East. 282.30 feet; thence North 67Q 17' 31" East. 268.22 feet to tho beginning 'of a 635.00 foot radius"curvo COJ1cnvc northerly;' thence easterly' 122.52 feet along: 'the are of said clH'\.'6 through "a ceniral ang!eof I] c 03' 18n, with a long chord ofNonh 61 <;) 451 52u'EitSl-~ 122.33 fect;'thence South 22c '42'~91!East~ 430.93 feet. to the ordinary high water line of the McKenzie River as shown on US. Army Corps of Enginect's Map MK 1-1..17. dal1'd May2; 1'147;, thc:ncc:<foHo\ving sa.id ordinC:trj.~ high water Iil~e In a so'uth.."vcst~Tly dire-ction 2048.77 feet to.a point on the easterly-projection oftbe norOr,1111c of a tract of.1nnd eo.nvCYLX! 10 F,G, Young by deed recorded in Volume T;, Page 50S, L.mc Counly Oregt?n"deetl Tccon.ls} bearing South ,j5"',12'31" \Vesi from th~ last point; .' thence along sa;d easierly projection North ,8fPJ.014011 \\JCSt1 1'29:07 feet- to the northcasl-corncr of said F.G. 'J:'ollng trac-l; lhens;e continuing,:along said north line North 8S~:l.O'40" \Ycst, 967.44 feet t(~ the nor(}1\vest c-orner of tol' 1 j '~First Additiol1 'to Buena Vi$t.1l1~ '~aid'po\nt.al'O{) l~eing the- southwest comer,ot' that certain tracl ol-Ianddescribed in statutory warmllty deed recorded as Document.ljulnber 2001-0SRS67; said pO.lnt-t:.dso being onthe cast hne oft.hc. Sout.hcl11 Pac-ilk Railr()acl tract abandonecllo the City ofSpri'ngfielcl in Deed No. 930744], said poil1t being huihcr described as () poinLof cusp of a 98:t.04 foot. radiu,s non-tangent curve concm'"c sourhwesterly, from which point the center ;)[ arc bears South 69"08'] I" West; thellce northwcst0dyalong said least'line. fmd tile arc of said curve 205.53 fect~ through a, cC.lllra.1 angle of I : 057'1 S". with a long chord of NOI'lI> 26"50'2S" Wesl, 21)5.] 6 teet to the southeast corner of lot 3, Rivcrhcnd, Phase J, filed as County Sun.'(;y"File-Numb(:r 3'9B13~ Lane County Survey Records_~ said point being further describ(eJ as a point of cusp'of ~ R99.59 foot ri1dil)S non-timgcnL curve concave caster]y, from I....hieh point the center oIme bears NOrlh 87''48'38'' East:tJlencc Jeavio)b Date Received: , " SEP 1 2 2008 . flRivcrBcnd CCR5 AS RECORDEi) 2008.4,8.docj Original Submittal PAGE 33 radius non-tangent reverse curve concave \vesterly, fl'oJl1. whicl1 point the center of arc bears Norlh 40'114'21" \Ves(~ tbem.:e 5) Ilonhcrly 87.07.feet along the <II" of said curve through a c€l1~r31'anglc-of i2k' 42141",. , with a long chord o[Nimh 12< 35' 48" Wesl, 70.87 fect; thence 6) NOl1h 02' 24' 36" West, 19.30 fect; thence 7) South 87" 34' 37" Ea;;t ),02 fed . S) No"h'02'24'36" West, 122,68 [(;c,t to the northwest corner of thai cCliainlracl ofland conveyed (0 P~1ce Health, a Washington non-profit corporntioll. described in the slatntory \yaml11ty deed recorded December 31, lOOI ns Fcc No, 2001.088572, Lane . COlmly Or.egon Deed Records; thence lea\'ing said cast marginlillt' a.iong the northerly line of said Pc~cc Health tract the tollowing three (3) eOl1l'ses '11ld distances: . I) South 88'13'2.3" Eilsl347.59 feet; lhenee 2) Nortb 01"56'33" East, 65.02 feet: thence 3) North 01054'03" East, 150,90 reel; thence bn'iug snid nortldinc NOrlh 90"00'(j0" East, 170,78 'rCc1; tlience SOUUl 88013'23" East, 137.3 J fec; to ~ point on the northerly line ofs~id Peace tlc-alth tract described in said sbtntOlY \V~rranty deed recorded December 31,2001 ilS Fee No, 2001-088572. Laile County Oregon Deed Records; .thence Souib 24"56'24" East, 276.88 [cot to'a poim of cusp ~f a 458.00-1'001 radius non-tangent curve concave soulherly, from wllieb point Ihc center or arc beurs Soulh 00"32'0[" E:lSt: thence . easterly along the arc of said curve 18,03 fect, through ii central angle of 020] ~'211', with u Ions chord o[South 89'~24'20" East, 18'(J3 fcct; thence SOIlt.h 88"16'40" East, 381.59 feel: thenec 'Nmth 75"24'41" East, 33.83 feet; thence ,South R8<'16'4()" East, 528.19 feet to said Point of Beginning. .. Cont<1ining 5,022 n6 square feet. U J 5.3,07 acres), more or leos f. HEGIS1EIlED '-I PROFESSIONAL, I' LAND SURVEYOR " ',(~ #-( /JJAvt/'vfprS 4'.>~EGON " , JAt.{, 1S, 2002 . '- DMJNY M. Dr=NNING ~!;'6640 .# l!~~!'~~~~.,!2i..:).LllT9] Date Received: , SEP 1 2 2008 Original SUbmittaL PAGE 35 f/R;vcrlknd CCR~ AS RECORDED 200g-4-&.doc] .' RiverBend Campus Design Guidelines,' INTRODUCTION Guidino Prinr.iryles '. RiverBend is a mixed-use development within the RiverBend Campus, located in Springfield Oregon, The Campus embodies a totally integrated community' adjacent to the McKenzie River. It is intended to be'a live/work community set within a special environment that lifts the spirits. RiverBend is committed to the protection and enhancement of this beautiful setling while creating opportunities for all members of the,community, and visitors, to engage in nature as an integral part of the living and healing process,'To'this end, all development shall strive to protect the existing natural features, while maintaining the best possible views' of the river, trees and the panoramic views of the Coburg Hills. Buildings shall be positioned, so that they blend with the natura;'features of the site and th~ir surroundings, Each development project within the site shall complement the landscape and deepen people's appreciation of the site, " . The camRus creates a pedestrian friendly mixed-use development that encourages transit use, walking and bicycling, The hospital; which is the primary employment center of the campus. and the BRTtransit . station have been centrally located to provide easy access, within walking distance. to the entire development. Medical Services, Medium Density Residential and Core Commercial Development have been located so that these services are'also available within,easy walking distance, Parks, open space and public spaces have been provided throughout ~he campus, . The m'aster plan for RiverBend does not rely on a strong.geometric pattern: axial grid or other, formal circulation structures' Rather, it is based on the natural systems of the, site and i~tended to enhance the identifiable'site amenities that already exist .' Open space, pedestrian and bike paths are locaied throughout the site and are intended to connect residents, employees and visitors to ihe entire community, . . The new campus will have a r'egional hospital that is committed to providing patient and family centered care that honors the total patient experience in a healing'environment. Accessory Medical, Services, such as Medical Office Buildings,and a Continued Care Residential Community, are planned to compliment this. mission. A variety of residential living choices are included in the development,to accommodate a wide range of preferences and market segments, These are intended to include senior living units, condominium ownership, townhouse ownership, ,garden apartment rental units and rental apartments above retail and commerci~1 space, ' It is the goal of the development to allow businesses La be located'in a variety of settings, These will include facilities that support stand-alone' medical services.professional'offices 'buildings; as weli as retail and a mix of commerciai with reSidential uses, The pbjective is to provide a variety of living, working, and shopping experiences for the entire RiverBend community'es well as the greater Lane County region, Date .Received: SEP 1 22008' Original Submittal ,,/1' :.' PAGE 37 [/Rivcrl1cnd celts AS RECORDED 200S-4-g.docl RiverBend Campus Design Guidelines BUILDING MATERIALS GUIDELINES Guideline Use materials that create a sense of permanence and that of timeless elegance are strongly encouraged., Descriotion In order to promote a unified architectural character throughout the campus, a similar palate of building materials shall be utilized, The utilization of quality wall materials will provide. a sense of permanence and will r~duce unsightly maintenance needs. Articulation of wall materia is shall be expressive with attention paid to providing a variety ot depth, visual relief and texture to the building. Reouired o The base of each building shall be of a material that 'expresses the strength of supporting the upper walls as 'well as the physical requirements of protecting the building from the ground elements, Stone, concrete, pre-cast concrete masonry units or brick are an appropriate expression. '0 Wall materials. shall be predominantly brick masonry, o Roof materials; visible from the street or sidewalks, shall provide texture and visual relief, Standing, seam metal roofing, tile, slate or synthetic materials that replicate natural roofing materials are acceptable. . o Windows shall have articulated frames, sills and headers, Mirror glass is not allowed. o Doors shall have' large glass areas and shall be articulated in order to provide a welcoming experience, Narrow style door frames shall be used. , o All on-site or on building mechanical storage or trash containments should be located away from major entrances to the facility. o Architectural Screens shall be provided to hide mechanical, storage or trash containments, These shall be built of the same materials as the primary building's that they serve. o Natural, understated and subdued building colors shall be the predominant building color. Not Permittec;j o Plain concrete masonry units, such as concrete block. o Exterior Insulation Finish Systems (EIFS) or other synthetic plaster wall coverings, o Canvas awnings, tent structures and other "non-permanent" building elements, o Unarticulated roofing materials or brightly colored materials, o Brightly painted or overtly bold colors. Date Received: SEP 1 2 2008 Original Submittal' I'AUE 39 flRivcrBcnd CCRs AS RECORDED 2.008.4.8.{loc] -' RiverBend Campus Design Guidelines Roof Garden plant material should be selected for its visual interest and its ability to thrive in the limited soil environment. The plant material should be established in patterns which are interestjng for both those using the garden and those who view it from above. ' o Automatic Underground Irrigation Systems /' The entire campus should be integrated with efficient underground irrigation systems. All systems should be established to be able to be monitored and adjusted over time to ensure sufficient water is being used without over watering areas, o Plant material shall be selected for environmental suitability, naturally disease- resistance and shall be ecologically appropriate for the climate and environment of RiverBend, o Landscape material selected shall minimize the use of fertilizers, minimize the use of extensive watering, and minimize maintenance including excessive pruning or weeding. ' Not Permitted o Natural'and/or man made elements that impact the quality and character of the , McKenzie River. o Use of plants that require excessive maintenanceand/or pruning or are not' indigenous to the general landscape culture of Oregon. o Large expanses of unplanted unpaved plazas, parking lots or other paved areas. o Expansive areas of bark, mulching or unprotected earth. o Asphalt concrete walkways, Date' Received: , SEP f 2 2008 Original Submittal rmivcrBcnc1 CCRs AS RECORDED 200S.~.8.d(lcj P^GE-tl RiverBend Campus Design ,Guidelines SIGN GUIDELINES Guideline Signs shall be architecturally compatible and shall contribute to'the.character of the campus, . " Descriotion Signs shall not detract from the architectural qualities of the buildings or landscape, 'Directional signs, used to identify and direct vehicular and pedestrian traffic s~ali be designed consistently throughout the camp~s " Signage should follow a unified theme, and should follow the model of the SHMC: Reouired o Site Identification Signs Each individually developed building shall have on site identification sign.' In the' event that the primary building occupant occupies 65% or more of the total gross square footage, 'the primary occypant may display their business name'on the site sign, below the building address Inan area not to exceed six square feet.' Name may be comp!eted in occupant's logo style, ' . - ' o Building Identification Signs Each building shall be allowed one buil~ing identification sign, The purpose this sign shall be to display the name of the building once a vehicle or pedestrian has reached ,the parking,area, This sign shall be freestanding, located in the proximity of the building entrance, and not visible.form the public thoroughfares, This sign shall be integrated into the building landscape, Sign shall be constructed of stone or masonry compllmentary'to' lhebuilding architecture. Sign shall be'single.sided and illuminated only by ground mount lights,. ' . No individual tenant names may be installed on this sign except if the primary tenant in the building occupies 65% of the total gross square footage or more of the , st(ucture, In that case, their name may also be installed on this sign in an area directory below the building name, not to exceed 9 square feet in total. This tenant name shall be allowed in their logo style, applied in cut individual letters, . . The overall size of this sign shall not exceed 4 feet in heiglit and 6 feet in width excluding the-base, but in,no case shall sign exceed 6 feetin height wMnmounted on base, '. " ,. Not Permitted'~ No bUilding'mou'n,;ed signs are allowed, except for bUilding address, These shall not exceea 12" in height and may not be illuminated. Building addresses to be individual dimensional 'characters and must be incorporated into building design and finishes, o o Campus logos and architectural symbols are not permitted as part of any building, Nor may any business logo be incorporated into any building facades, " , . . Date Received: I/RivcrB:nd CCRs AS ]~ECORDED 2008-4-8.docl SEP 1 2 20D8 Original Submittal P^GL~43 . " RiverBend Campus Design Guidelines STREETSCAPE GUIDELINES " Guideline RiverBend streetscape and site furniture guidelines are intended to create a distinctive sense of place that provides'a pedestrian friendly atmosphere through out the cam, pus, . ., Descriotion Proposed site amenities shall provide ample pedestrian gathering'spaces, gateways to the site and build'ings, pockei'parks. seating areas and distinctive art and architectural' detailing to create a senSe of place approphate for the Pacific Northwest and the , RiverBend campus, ,- . Site furniture includes: kiosks, gazebos, trash receptacies, outdoor seating, bike racks, storage sheds, and utility and trash enclosyres fences and other site amenities, . These shall conform to the design intent and materials already established at SHMC. ReC1uired o Trash, utility and storage areas shall be enclosed and screened in such a way that they are not visually accessible,to pedestrians and building inhabitants, Thes~ shall be compatible with the materials and a'rchitectural details of the primary buildings on ~e~e, ' , ' . . " o Detailing of site furniture, hardscape and other amenities that provide character, texture and historical style to provide visual delight. o o Covered seating areas and bike storage areas in places of waiting and gatllering,' Site arl and sculpture ,that enhances. delights and provi<!es a sense of piace Fencing shall be of enduring materials that offer a variety of scale and detail. o '-\i."'~' . .~~ Dab~ Received: ,SEP1 2 2008 Original submittal . [/RivcrHcnd ceRs AS RECORDED 2008-4-8,doc) ,\ l'^GE 45 . .-. RiverBend Campus D'esign Guidelines EXHIBIT C MAP OF COMMON AREAS .....~.,.>..,.,,,:. ..,'",.,- "." .~:-.""",",..-, ~"......'.. .', ,,~,_.._.. ...~ "" ! 11f ~ ~~, ~. ',' .r .~ ;;: :;~ t.; ~g /' /'" ! I , I ! , " ; , ~ ,~ ., ~i .#\~ ,'~ , , -, 'jr~-:" "~'7!l,r=r=:-~~,--..; L, "___~~ ._ '" " I' lJ ~jj r'"''''~-r'":::-"F ..~^r "-"/.' \_eJ/ -'I (:~:J'=:~'~, :~r~n ~'it' i' - '! ,,-...-..~l!(L f.. \. ' I ~~.. ~-~~'""".. r -;;.,.. (" " ~/p' ,/ Ii-'- .'-.; I'~' . ~"""'''. " ~! {' r ''o~;:::YJ_' _ H.~ --~.: i __ l nil A .~~ 'f~~ ........ c~ .~~ }~ I~: l~~ . '..>" " >';.;;.:(,~ , .-;>-' \- (" - . . ~(~ LS\5 i I~~ (;7'~ , J: < n~ ,~ o~ n ~Q I ~,~ ~ .0 >'< ", ~'" g ~, . ~~ << ~~ '2 0 n ,. :f, " 10lJ U !~ j! ! ""ti Il!: . '. i 1- , ~ ~ d I C" j I [/Rivcrlknd CCRs AS IU:CC.W.DED 2008~4.g,docJ : ~_.;/, _ .............1IOK<I.WAY ~?- '''\'' " ~~~, <,..',,; .:/\ \ ", ~ ( , ,," . \ . \ ) \" /\0 / .\/' v / " ",..,.."".:\ " ",..-'" -"j . ". ~ \\ ", ""'<'\ . ~~\ :\,\ - ,,/ "<,,' ~ ,,/ ". . r~" ., " / / .-..' ,,//// .... .. '-" " ",., '.. ~, '~;iIl;II:r))..I,:'r::J 'jT;;I, . ~,"'!" ....!~I ".i"." ~1..I~i" ,.~: . ~ !g' ; i i..!-:U d ,:;_ rl!; ;: ..<115 ~'::;i~~l.i!e;~j$';;:Ft: ~1S :h: o::~ ;;!!:t 'I;ii!!j~'l'i'!'i,j, ~1',!.j~ !;~ ~!i " I ".1 ,I" .', ~~j"!,,,O:A..;JLj.,.~~1..l..i.!~i5 i . ~,"J~ ~I~ 1.'~~il".'~,:/I;cld::'r.lln' ~: "',' ...... " "::'-:;:...:':-::::-"~'~" '. Date Rlaceived: ' SEP 1 22008 P^GE 47 Orlalnal submittal . .\ , DECLARATION OF RECIPROCAL EASEMENTS \ This Declaration of Reciprocal Easements IS made by PeaceHealth, a Washington Corporation, hereinafter referred to as Declarant. . Recitals: ,A. Declarant is the owner of that certain real property'in Lane County, Oregon, and more particularly described on Exhibit A attached hereto' and by this reference incorporated , herein ("RiverBend Lot 8"). .. ' B. Declarant is partitioning the RiverBend Lot 8 into two separate parcels. Parcel I. is described on Exhibit B attached hereto and by this reference incorporated herein ("Parcel I"). Parcel 2 is described on Exhibit C attache(] hereto and by this reference incorporated herein ("Parcel 2"). C. Declarant desites to create reciprocal easements on the RiverBend Lot 8 for the , benefit of the Owners of any and all portions of Parcels I and 2 and their respective heirs, successors, assigns, grantees, mortgagees, tenants, and subtenants. ' AGREEMENT: Date Received: SEP 1 2 2008 NOW, THEREFORE, DeClarant hereJ:>y declares as follows: I. Easements. Original Submittal 1.1 Ingress, Egress, alld, Parking. Declarant declares, grants, creates, and reserves for Declarant, its assigns, grantees, and successors in interest having record title to any portion of the RiverBend ~ot 8 (hereinafter referred' to ,in, the aggregate as "Owners") 'and each Owner's respective employees, agents, patients, invitees, and , tenants, and the employees, agents, patients, and invitees of each Tenant and for the benefit of and' as a burden upon the RiverBend Lot 8 an appurtenant non-exclusive easement for the purpose of ingress and ~gress by vehicular and pedestrian traffic, and for vehicle parking upon, over, across;; and through the RiverBend Lqt 8 at designated parking areas. 1.2 Utility Lines. Declarant declares, grants, .creates, and reserves for itself and for each Owner, and for the benefit of and as a burden upon the RiverBend Lot 8, ari appurtenant non-exclusive easement "under, through, and across the RiverBend Lot 8, for the installation, maintenance, repair" and replacement' of water, dr~inage systems or structures, water mains, storm drains, sewers; water .sprinkler, lines, telephone or electric conduits or systems, gas mains, and other public utility facilities necessary for the orderly development and operiltion of the RiverBend Lot 8. The rights granted pursuant t6 such easements shall, at all times be exercised in such manner, as to cause the least i~terference with the normal operation of the RiverBend Lot 8 and provided further, except in an , emergency, the right-of any Owner to enter upon the Parcel of any other Owner for the , . Page I-DECLARATION OF RECIPROCAL EASEMENTS -C:\Do~uments and Settings\TPume1I\Local Settings\Temporary Intemet'Files\OLK63\Dec1aration ofRecipricol Easements 090408.doc exercise of any right purs~ant to such easements shall be conditioned upon obtaining 'the prior written consent of such other Owner for the exercise of any righ( pursuant to such easements, which consent shall, not be unreas()nably withheld or delayed. . All systems, structures, mains, sewers, conduits, ljnes, and other public utilities shall be installed and maintained below the surface of ground level of such easements.' In the event an Owner deems it necessary to cause the installation 'of a stonn drain, utility lihe, or sewer cross the RiverBend Lot 8, subsequent to the initial paving and improving thereof, the respective Owner' agrees not to unreasonably withhold the granting of any necessary additional easements. Such Owner may withhold its consent if such ipstallation would' unreasonably interfere with the operation of any business on the RiverBend Lot 8 or with Owner's plans, for th() development of its Parcel. The Owner making or causing such installation shall, at its sole cost and expense, completely restore to its: original condition .' all improvements and surfaces disrupted as a result of such installation. In the event it should be necessary to grant any of'the foregoi~g easements and rights to local utility companies as a condition of their providing or continuing service, such rights shall be granted. 1.3 Building Encroachmellts. Each Owner, as grantor with respect to its Parcel, hereby grants to each other Owner as grantee and for the benefit of its Parcel, an e~sement for any emergency exit from a building (not to exceed six feet) or any portion of any building on structures on any parcel (including, but not limited to, subsurface support elements required for the ~onstruction or reconstruction of such building or structures) which may encroach on' to or over an adjoining Parcel. Provided, the encroachment easement shall not extend to encroachments which are intentional or which materially and adversely affect the location,otientation, design, or construction of improvements to be ~onstructed on the Parcel upon which. the encroachment has taken place unless first approved in writing by the Owner ,of the affected parcel. The easement granted herein shall last so long as the building of which such encroachment is a part is standirig. ,2. Notices. Any notice or demand given or served by any Owner to another shall 'not be deemed to have been .duly given or"served, unless in writing, perso.nally delivered, or forwarded by postage prepaid certified; or registered mail, return receipt requested, or by another commercially recognizable means of delivety Which maintains delivery records .(such as federal . 'express) addressed to the address of the 'Owner shown on the real property taX records. N()tices and demands shall be deemed effective upon receipt. The person(s) and place(s) to which notices are to be given may be changed by the Owners, by written notice to the 'other Owners. 3. Attorney's Fees. In the event legal proceedings are commenced to enforce any of the terms of this Declaration, the prevailing party in such action or any appeal, shall have the right to recover reasonably attorney's fees and costs from the other party to be fixed by the court , in the same action. 4. Duration. ' The easements contained herein shall be perpetual. Date Received: SEP 12 2008 "Page 2'- DECLARA nON OF RECIPROCAL EASEMENT~ 'Original Submitt,,1 C:\Do~uments and Settings\TPumell\Local Settings\Temporary Internet Files.\OLK63\Declaration ofRecipricol,Easements 090408.doc 5. Modification alld Approval. Except' as otherwise provided' herein, any approvals required under this Declaration or any modification to this Declaration requires the Written consent executed by all of the Owners. . 6. General Provisions. 6.1 Nota Public Dedicatiort. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the RiverBend Lot 8 to the general public or for any public purposes whatsoever. It being the intention of Declarant that this Declaration be strictly limiteq to and for the purposes herein. 6.2 Captions. The captions in this Declaration are for convenience only and do not constitut~ a part of the provisi~~s hereof.' ' 6.3 Governing Law. This Declaration shall be construed and enforced in - accordance with and governed by the iawsof the State of Oregon.' . 6.4 Inurement. This Declaration and easements, covenants, benefits, and obligations created hereby, shall inure to the benefit of and be binding upon each Owner and its assigns. Acceptai1ce of any deed or other conveyance of an estate in the RiverBend Lot 8 after recotding ofthis Declaration sliall be an acceptance of the terms of this Declaration. PEACEHEALTH By: Title STATE OF OREGON ) ) ss. County of Lane ) This instrument was acknowledged before me this _ day of for PeaceHealth. 2008, by . Notary Public for Oregon My commission expires: ) Date Received: SEP 1 2 2008 Ori9i,nal submittal. , Page 3 ~ DECLARATION OF RECIPROCAL EASEMENTS C:\Documents and,Scttings\TP1,lmell\Local Settings\Tcmporary Internet ~iles\OLK63\Declaratjon of Recipricol Easements 090408.doc Exhibit A RiverBend Lot 8 . Lot 8 Subdivision oCRiverBend, Phase #2 as platted and recorded as CSFileNo. 41070, Document number 2008-030895, Division of Chief Deputy Clerk, Lane County Deeds and , " Records. Date Received: SEP 1 2 2008 Original Submittal Exhibit A Page 1 Exhibit B Parcell \ ' Parcel I Land Partition Plat Number 2008-P , ! Date Received: SEP 1 2 2008 . Original Submittal , Exhibit B Page 1 Exhibit C Parcel 2 ' Parcel 2, Land Partition Plat Number 2008-P . " Date Received: SEP f 2 2008 Original Submittal Exhibit C lage 1 ~ ~!:; ~ I~ <..' . , ~ ~'1-+b1>ec ,:)~~~es \ ~ " . :; <I' .' , .~..I~ '>\; 19 -;. . ' " " <0 .... e Data Received: ... $ I il 1 SE:P 1 2 2008 .1# . ~ ~ VI Original Submittal ~ ~ .it , \ .'(,0 '0. \ \\. .~\ " . . \ \, \ \"-\ " ~o 0<7 {:J~ ~Cll '<7 'I'M ~-::o rs:r " "tr ~ .... e ... $ R " " ~ ~ ~ ~ .... ~ .... e S " ... ... . / Date Ree$iv@d: SEP f 2 '2008 ' b.. Original Submittal 1 1 ~ .ve~,: .J...J ,- ~. i -"- Land Title ~ee14 . - .. -0 j ~ ~ ~ II COtl1pany PRELIMINARY TITLE REPORT i' '\ TO: KPFF CONSULTING ENGINEERS EMAlL: rachel.griffith@k:pffcivilpdx.com ATTN: RACHELGRIFFITH RE: .PEACEHEALTH , '-. ./ Order reports and listing kits online at (www.evergreenlandt.itle.com) Sept.em&1t.1O,2008 ELT-55927 ' ,. .'. ,'," ,1'- Main Office: 1651 Centennial Blvd. Springfield, OR 9747i Phone # (541) 741-1981 Fax # (541); U-0619 Branch Office:, . . "." 875 Country Club Road Eugene, OR 97401 ' Phone # (541) 687-9794 ]'ax # (541) 687-0924 ELT - 55927 Page 2 SCHEDULE B ,.. GENERAL EXCEPTIONS I.. Taxes or assessments which are 'not shown l;1S existing liens by the records of any taxing authority that levies taxes'or assessments on real property or by the public records; proceedings' by a public'agency which may result in taxes'or assessments, or notices of such proceedings, . whether or not shown by the records of such agency or by the public records. ,2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession . thereof. ' 3. Easements, or claims of easement, not shown by'the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located.on adjoinillg land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed,by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed bylaw and not shown by the public records. ' . CURRENT EXCEPTIONS .6. 2008-2009 Taxes, a lien not yet due or payable. . , 7. The nial property taxes for the fiscal year 2007-2008 are exempted by virtue of charitable organization. The company assumes no liability should the exempt status be lifted and taxes levied. · Map No. 17-03-22-00-00902, Code 04-78, Account No. 1193141 (Current Exemption: $8,351,341.00) . . · Map No. 17-03-2'2-00-01000, Code 04-78, Account No. 0187938 (Current Exemption: $20,757,310.00) · Map No.'17-03-22-00-01201, Code 04-78, Account No. 1167020 (Current Exemption: $44,826,113.00) , · Map No. 17-03-22-00-01203, Code 04-78, Account No. 1467958 (Current Exemption: $145,249.15) . · Map No. 17-03-22-00-01400, Code 04-78, Account No. 0187961 (Current Exemption: . $88,735.00) CONTINUED Data Receivec:i: SEP 1 2 2008 !,.. OrigInal Submittal . \'0' :.~. '. ELT - 55927 Page 4 17. Annexation Agreement, including the terms and provisions thereof, between the City of Springfield, and Arlie & Company, an Oregon corporation, by instrument Recorded June 8, 2001, Reception No. 2001-034714, Lane County Oregon Records. Assignment of Annexation Agreement, including the terms and provisions thereof, from Arlie & Company, an Oregon corporation, toPeaceI-lealth, a Washington non-profit corporation, by instrument Recorded December 31, 2001, Reception No. 2001-088566, Lane County Oregon Records. ' Said Annexation Agreement was amended by instrument Recorded October 8, 2003, Reception No. 2003-098507, Lane County Oregon Records. 18. Annexation Agreement, including the terms and provisions thereof, between PeaceHealth, a Washington corporation, and the City of Springfield, by instrument Recorded June 5, 2002, Reception No. 2002-043161, and amended by instrument Recorded October 8, 2003, Reception No. 2003-098507, Lane County Oregon Records. 19: Improvement Agreement, including the terms and provisions thereof, between the City of Springfield, and PeaceHealth, by instrument Recorded June 30, 2005, Reception No. 2005- 048788, Lane County.0regon Records. 20. Easement Agreement, including the terms and provisions thereof, between PeaceHealth, Inc., and John E. Jacqua and Rosamond R. Jacqua, by instrument Recorded August 19,2005, Reception No. 2005-064895, Lane County Oregon Records. . 21. Gas Pipeline Easement, granted to Northwest Natural Gas Company, including the terms and provisions thereof, by instrument Recorded January 23, 2006, Reception No. 2006-004903, Lane County Oregon Records. . 22. Declaration of Access and Maintenance Agreement, including the terms and provisions thereof, between PeaceHealth, a Washington non-profit corporation, Willamalane Park and Recreation District, an Oregon special district, and the City of Springfield, a mmiicipal corporation of the State of Oregon, by instrument Recorded May 10,2006, Reception No. 2006-032093, Lane County Oregon Records. 23. Unrecorded Lease, including the terms and provisions thereof, betWeen Peacehealth, a Washington nonprofit corporation, Lessor, and NSC Properties, LLC"an Oregon limited liability company, Lessee, as disclosed by Memorandwn of Lease Recorded A-ugust 7,2007, Reception No. 2007-055315, Lane County Oregon Records. (Affects Tax Lot 902) , 24. Line of Credit Deed of Trust, including the terms and provisions thereof, executed by NSC Properties, LLC, an Oregon limited liability company, as to a leasehold interest, as Grantor(s), to First American Title Insurance Company, as Trustee, for the benefit of Umpqua Bank, as Beneficiary, Dated August 1,2007, Recorded August 7,2007, Reception No,2007-0SS316, Official Records of Lane County, Oregon, given to secure payment of a Note for $30,000,000.00. ,(Affects Tax Lot 902) Date Received: , , , ' ..\.- CONTINUED SEP 1 2 2008 '..'" " ~ t., Original submittal i i' " , ELT - 55927 Page6 36. Construction Lien in favor of Jared Nesbitt, Claimant, in the amount of$32,634.00 including costs, by instrument Recorded June 19,2008, Reception No. 2008-034441, Lane County Oregon Records. 37. Construction Lien in favor oftvlorse Bros., Inc. dba Knife River, Claimant, in the amount of $472,309.79 including costs, by instrument Recorded June 23, 2008, Reception No. 2008- . 035086, Lane County Oregon Records. NOTE: Taxes, Map No. 17-03-23-22-00500, Code 04-78, Account No. 0193787, 2007-2008, $1,801.56, paid in full. . Taxes, Map No. 17-03-23-22-00600, Code 04-78, Account No. 0193761, 2007-2008, $2,256.08, paid in full. Taxes, Map,No. 17-03-23-22-00700, Code 04-78, Account No. 0193803,2007-2008, . $3,791.22, paid in full. . Taxes, Map No. 17-03-22-00-00300, Code 04-78, AccoUnt No. 0187821, 2007-2008, $35,725.43, paid in full. , Taxes, Map No. 17-03-22-00-00700, Code 04-78, Account No. 0187862,2007-2008, $10,313.34, paid in full. (Includes Additional Property) Taxes, Map No. 17-03-22-00-00902, Code 04-78, Account No. 1193141,2007-2008, $27,898.79, paid in full. Taxes, Map No. 17-03-22-00-01000, Code 04-78, Account No. 0187938, 2007-2008, $15,047.28, paid in full. . Taxes, Map No. 17-03-22-00-01001, Code 04-78, Account No. 1052545,2007-2008, $2,578.37, paid in full. . Taxes, Map No. I 7-03-22-00-01001,-Code 04-30, Account No. 1696564,2007-2008, $212.09, paid in full. ' ' Taxes; Map No. 17-03-22-00-01201, Code 04-78, Account No. 1'167020,2007-2008, $65,740.11, paid in full. Taxes, Map No. 17-03-22,00-01201, Code 04-30, Account No..1728458, 2007-2008, $1,421.86, paid in full. (Includes Additional Property) ,Taxes, Map No. 17~03-22cOO-01201, Code 19-00, Account No. 1728466,2007-2008, $2,063.12, paid in full.' ; . Taxes; Map No. 17-03-22-00-01203, Code 04-78, Account No. 1467958,2007-2008, $145,249.15, paid in full. . . Taxes, Map No. 17-03-22-00-01400, Code 04-78, Account No. 0187961, 2007-2008, $4,402.82, paid in full. (Includes Additional Property) , Taxes, Map No. 17-03-22-00-01400, Code 19-00, Account No. 0187987, 2007-2008, $3,065.22, paid in full. Taxes for 2008-2009 tax year will be assessed to Map No. 17-03-22-00-04100. , ' Date Receiv.ed: SEP 1 2 2008 " CONTINUED "I. . Original submittal- Tt-H.:;-iftiJAr)' is TO /\SSlST LOC.LIT!NG Pf'lOPERTY THE COMPJ.\NY ,I\SSUMES NO LIABiliTY FOR INACCURACIES. 'N COURTESY OF ' W + E EVERGREEN LAND TITLE CO 741-'001 , . _.-8., '-~,-~"'I "" r:) f:1 ~(4.<.I"":=-1":),~ o 0 o~,,-:<. fflG1 W [)"-4)-78 600 'N~ . ...,.9t"=,"" - -fU6+' "':1 IIJI . ,0.55 AC.--- c: -A\">)~ - - - - 0 0 0 0 GOO 0 0 0 0 8 0 0~'11o.~02, ~Ji~l~ . .~\. _.1OOe~' o. " - . . 004;1~h~; . .. ". c""'1:'f~-'':...",..., ~~. .:~..' ~~B.'~~ ~:.....:...~...,... ---~"\.}; :.':;,~/jr~ (VAC.~R ~';2:r/9Ioost61 iOJiOJ.A1......'1I3 -t~J~ '\.~ 0 ~ b ~:;i '\~ "EE fI1bP 17 03 22 I 2 0' 0 ..",,'., '\~, . 0 '~~ . t, 000000000'0. '.01 ~~~, ~~ iOJiOJ4~/8 ~~. 0 0 0 0 0 0 0 0 0 0 0'0 0 0 17- 03-22- 2 '~ '\~ '-~ ~'\. , iOJiOJ4-1{JJ.b,~;:!;~, ,,~'\ '-?\, ~ ~'\, <:-CAROINAL WAY___ ~<:, ~ /~ X ~~C" \fl~" ~0x"'" ~ d . 2'1;~ peL {'J ~.;. ~,...... ,...~ ~~\ . '~I~~ 5.39813"- '\ ~;,. ~~ \ r. ~ ," . f.S.3996B . \,'\~ \!.b :s:w ~ d: 'fj~,JY M. -.,,~ ...C'''' <? 'S$a'l\l"e'~~: i ,.~, - '\~:'-:>9 ~';\.I --,-"77~-_ . ~:<: AVE '\I; S,il~,8.J.~ ; t-3ee K.:' 1/' ,'\;;' -""-34<J2J ~" '"' ".,:oniC .. \tm7 3955'" ~_ : peL 2 '" '- ;-t". 2./1~ 5~' ~ ~ "t'{ ~ S~45~~ ,,~ ~ i 2,00 AC, ,.~ ,~fbA , " 1-200, ~ AVENUE (3200) 004-13 o 0 0 0 TlNAMOU "'I c .... h~ ~ c_ .-------- c' c c C_r .( c c- ---,------ I 24W' ( ---. I c::- ] ( , C I , ( ._~'+- -----'''' +95 I M-GS (: '-.1 I C I ( -0/3-22-2c I I - -I'J, 1 2W7 I 1 I -I- I' I I 12 ( ...... 1.:.1 '.:J ( 004-76 -<.==-- .1 '~?'d' I/Y! A.,j? / /_ c -:3 _ Z Z -c.(, o ( I I I 00 >- '" '" <r >- '" SEE l') '" l') ,0 ..... "E,OOOQOOQOOOOO 004-23 '" !;: '" :;1) Q, ~ 004-30 w w '" A +'""i"'.J'..#-M......-~:V "',''''' 0, ''''~'I ' 'f AHt'u< .... ,~~~.J!r.<5- ......, ,...,,-, '"" '" Date Received: SEP 1 2 2008 OrigInal Submittal Division of Chief Deputy Clerk Lane County Deeds and Records l~~l.~~~m After Recording Return to: Roger M. Saydack Arnold Gallagher Saydack Percell Roberts & Potter, PC P.O. Box 1758 Eugene,O.R 97440-1758 III" II "" I "111111111111111111111 1111111111 00247J682J0101885720J50055 12/31/2001 08:17:26 AM RPR-DEED Cnt=l Stn=6 CASHIER 05 $25.00 $11.00 $10.00 $46.00 --, ,- Until a Change is Requested Mail Tax Statements To: PeaceHealth, a Washington Non-profit Corporation P.O. Box 1479 Eugene, OR 97440-1479 (\ '/ yRANTEE: PeaceHealth, a Washington Non-profit Corporation P.O. Box 1479 Eugene, OR 97440-1479 -------' -- GRANTOR: Arlie & Company, an Oregon Corporation 722 Country Club Road Eugene, OR 9740 I After Recording Return To: Western Title & Escrow Company 497 Oakway Rd Suite 340. Eugene OR 97401 ~O - 0:5 03 <f 0 I STATUTORY WARRANTY DEED Arlie & Company, an Oregon corporation, hereinafter called Grantor, hereby conveys and warrants to PeaceHealth, a Washington nOli-profit corporation, hereinafter called Grantee, and all of Grantee's heirs, successors and assigns, all of that certain real property with all tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining, situated in the County of Lane, State of Oregon, described as follows, to-wit: See Exhibit A attached hereto and by this reference specifically'made a part hereof, together with the Grantor's interest, as Lessor, under any and all leases pertaining thereto. To Have and to Hold the same unto the Grantee and Grantee's heirs, successors and assigns forever. And the Grantor hereby covenants to and with the Grantee and Grantee's heirs, successors and assigns that the real property is free from all liens and encumbrances except as shown on Exhibit Battached hereto. The true and actual consideration for this conveyance stated in terms of dollars is Ten Million Six Hundred Seventy-eight Thousand Six Hundred Seventy-two Dollars ($10,678,672).**which is paid to an accomodator pursuant to an IRS 1031 Exchange. In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to ,companies and to individuals. Date Received: STATUTORY WARRANTY DEED - 1 N:\P -1\PeaceHcalth Oregon Region 13967\Arlie & Company 13967-0004\DOt:umenlS\Stat.War.Deed.Parcel A,wpd SEP 1 22008 Original Submit\al ) EXHIBIT A A parcel of land located in the Northeast 1/4 of Section 22, and the Northwest 1/4 of Section 23, Township 17 South, Range 3 West, Willamette Meridian, more particularly described as follows: Commencing at the Northeast corner of the William M. Stevens Donation Land Claim No. 46, Township 17 South, Range 3 West, Willamette Meridian; thence South 260 39' 5611 East along the East line of said William M. Stevens Donation Land Claim No. 46, 981.30 feet to the true point of beginning; thence South 260 39' 56" East along said East line, 445,.17 feet to the Northeast corner of that property as described in that deed recorded on Reel 1747, Instrument No. 92-11169, Lane County Oregon Deed Records; thence leaving said East line South 630 18' 39" West, 225.00 feet to the Northwest corner of that property described in said deed recorded on Reel 1747, Instrument No. 92-11169; thence North 480 25' 14" West, 13.21 feet; thence South 350 11' 42" West, 13.52 feet; thence South 31" 36' 21" West, 42.87 feet; thence Southwesterly, 106.97 feet along the arc of a 105.74 foot radius curve right, (the chord of which bears South 520 451 20" West, 102.47 feet); thence North 890 58' DO" West, 322.04 feet; thence North, 18.21 feet; thence North 890 58' 00" West, 1012.99 feet to a point on the East line of that property conveyed to the City of Springfield as described in that deed recorded on Reel 843, Instrument No. 77-22531, Lane County Oregon Deed Records; thence along said East line North 30 53' 37" West, 391.66 feet to a 5/8 inch iron rod marking the Northeast corner of said City of Springfield property; thence South 890 56' 00" West along the North line of said City of Springfield property, 425.58 feet to a 5/8 inch iron rod on the East margin of Game Farm Road (County Road No.3), 30.00 feet from, when measured at right angles' to the centerline of said Game Farm Road; thence North 20 54' 56" West along said East margin, 110.62 feet to a 5/8 inch iron rod; thence North 40 11' 55" West along said East margin 320.76 feet to a 5/8 inch iron rod; thence continuing along said East margin North 890 21' 57" East, 5.00 feet to a point, 35.00 feet from, when measured at right angles to the centerline of said Game Farm Road; thence continuing along'said East margin North 40 11' 56" West, 122.68 feet to a 5/8 inch 'iron rod; thence leaving said East margin North 890 59' 16" East, 347.61 feet to a 5/B inch iron rod; thence North 000 09' 13" East, 65.02 feet to a 5/8 inch iron rod; thence North 000 06' 43" East, 156.20 feet; thence North 890 59' 16" East, 308.00 feet; thence South 260 43' 44" East, 654.70 feet; thence No~th 890 56' 00" East, 992.70 feet to the point of beginning, in Lane County, Oregon. Date Received: SEP 1 2 2008 Original Submittal " Annexation Agreement, including the terms and provisions thereof. between the City of Springfield and Arlie &. Company. an Oregon ct>rporation, recorded June 8, 2001, Recorder's Reception No. 2001-034714, Lane County Oregon Official Records. Fence lineencroacbment along t:he "North line as disclosed by Branch Engineering Survey, Project No. 94-157. An.easement created'by instrument, including the terms and provisions thereof. ' Recorded: April 18. 1977 Recorder's Reception No. 77-22531 Lane County o_~,,~.. Official Records In favor of: City of Springfield Easement:sset forth in that: certain Lot'Lirie Adjust:ment Deed recorded Oct:ober 2. '2001, Recorder's Reception No. . 2001-064919, Lane County Oregon Official Records. Date Received: SEP 1 2 2008 Or:g!l"'ll Submittal .. ,,, ji- Division of Chief Depuly Clerk Lane Counly Deeds and Records 2~~I.~~~o~1 After Recording Return to: Roger M. Saydack Arnold Gallagher Saydack Percell Roberts & Potter, PC P.O. Box 1758 Eugene, OR 97440-1758 II 11111111111111111" 111111111111 "" 111111111 $46.00 0~2470632001008156700500~0 RPR-DEED Cnl=1 Sln=6 cRJ3~W~0~1 08:17:26 AM $25.00 $11.00 $10.00 -- ~ Until a Change is Requested Mail Tax Statements To: PeaceHealth, a Washington Non-profit Corporation P.O. Box 1479 Eugene, OR 97440-1479 -- --- ['" // GRANTOR: Arlie & Company, an Oregon Corporation 722 Country Club Road Eugene, OR 97401 GRANTEE: PeaceHealth, a Washington Non-profit Corporation P.O. Box 1479 Eugene, OR 97440-1479 ~ ---- -- ~ After Recording Return To: Western Title & Escrow Compimy 497 Oakway Rd Suite 340, Eugena OR 97401 30 - 0';03'1- 0 I STATUTORY WARRANTY DEED Arlie & Company, an Oregon corporation, hereinafter called Grantor, hereby conveys and warrants to PeaceHealth, a Washington non-profit corporation, hereinafter called Grantee, and all of Grantee's heirs, successors and assigns, all of that certain real property with all tenements, hereditaments and appurtenances thereto belonging or ill any wise appertaining, situated in the County of Lane, State of Oregon, described as follows, to-wit: See Exhibit A attached hereto and by this reference specifically made a part hereof, together with the Grantor's interest, as Lessor, under any and all leases pertaining thereto. To Have and to Hold the same unto the Grantee and Grantee's heirs, successors and assigns forever. And the Grantor hereby covenants to and with the Grantee and Grantee's heirs, successors and assigns that the real property is free from all liens and encumbrances except as shown on Exhibit B attached hereto. The true and actual consideration for this conveyance stated in terms of dollars is Sixteen Million Three Hundred Fifty-four Thousand Twenty-three Dollars ($16,354,023). ** which is paid to an accomodator pursuant to an IRS 1031 Exchange. In construing this deed, where the context so requires, the singular includes the plural and all grammatical ,changes shall be made so that this deed shall apply equally to companies and to individuals. . .) ~ Date Received: STATUTORY WARRANTY DEED-1 N:\P.-1\PeaceHeallh Oregon R~gion 13967\Arlie & Company 139b7-Q004\Documents\StaI.War.Deed . ' .,' SEP 1 2 2008 Origil'la\ Submittal 'J .. -c (I) co > = G5 = ...... (ij u ('oJ lD - - 0::: - 'E lD Q.. .a LlJ '" - (I) (J) (Q 0 (ij c '6> 'C 0 EXHIBIT A A parcel of land located in the Northeast and Southeast quarters of Section 22 and the Northwest and Southwest quarters of Section 23, all of Township 17 South, Range 3 West, Willamette Meridian, and being a portion of the William M. Stevens Donation Land Claim No. 46, more particularly described as follows: Commencing at the Northeast corner of William M. Stevens Donation Land Claim No. 46 in Township 17 South, Range 3 West, Willamette Meridian; thence South 260 39' 56" East along the East line of said William M. Stevens Donation Land Claim No. 46, 1426.47 feet; thence South 630 18' 39" West, 225.00 feet to the Northwest corner of that property described on Reel 1747, Instrument No. 92-11169, Lane County Oregon Deed Records and the true point of beginning; thence South 260 39' 56" East, parallel with the East line of said William M. Stevens Donation Land ~laim No. 46, 959.30 feet to a point on the South line of that certain tract of land conveyed to L. Simmons by deed recorded September 28, 1898, in Volume 46, Page 179, Lane County Oregon Deed Records; thence East along said South line, 60.38 feet, more or less, to a point which is West, 191.4 feet from the East line of said William M. Stevens Donation Land Claim No. 46; thence South 510 491 1811 West 716.90 feet, more or less, to a point which is 1750.00 feet East of the Northwest corner of that certain tract of land conveyed to Tom R. Wester, et ux, by deed recorded July 3, 1964, Reception No. 61726, Lane County Oregon Deed Records; thence West along said Wester line, 189.64 feet to a point on the West bank of the McKenzie River; thence Southwesterly along said West bank of the McKenzie River the following courses: South 250 45' 25" West, 61.79 feet; thence South 240 04' 33" West, 118.20 feet; thence South 140 35' 19" West, 92.91 feet; thence South 170 16' 3511 West, 69.99 feet; thence South 30 361 10" East, 64.50 feet; thence South 10 28' 52" West, 75.75 feet; thence South 20 12' 55" East 101.88, more or less, to a point on the Easterly extension of the North line of a tract of land conveyed to F.G. Young by deed recorded at Page 508 of Volume 73, Lane County Oregon Deed Records; thence leaving said West bank of the McKenzie River North 890 58' 00" West, 101.75 feet to the Northeast corner of said F.G. Young tract; thence North 890 58' 00" West, 994.81 feet to a 5/8 inch iron rod on the Easterly margin of the vacated Southern Pacific Railroad right of way; thence Northwesterly, 330.41 feet along the arc of a 985.04 foot radius curve left, (the chord of which bears North 320 IS' 43" West, 328.87 feet) to a 5/8 inch iron rod; thence continuing along said Easterly margin of the vacated Southern Pacific Railroad right of way North 41" 52' 17" West, 229.02 feet to a 5/8 inch iron rod on the Easterly margin of Game Farm Road (County Road No.3) said point being 35.00 feet. from, when measured at right angles to, the centerline of said Game Farm Road as established in County Survey File No. 33854; thence North 30 36' 56" West along said Easterly margin of Game Farm Road, 123.21 feet to a 5/8 inch iron rod; thence continuing along said East margin North 890 27' IS" West, 5.01 feet to a 5/8 inch iron rod, said iron rod being 30.00 feet from, when measured at right angles to the centerline of said Game Farm Road; thence continuing along said East margin North 030 361 56" West, 110.15 feet; thence leaving said East margin East, 279.43 feet; thence North 40 311 37" East, 1082.06 feet to a 5/8 inch iron rod marking the Southeast corner'of that property conveyed to the City of Springfield as described in that deed recorded on Reel 843, Instrument No. 77-22531, Lane County Oregon Deed Records; thence North 30 53' 37" West along the East line of said City of Springfield property, 19.94 feet; thence leaving said East line South 890 58' 00" East, 1012.99 feet; thence South, 18.21 feet; thence South 890 58' 00" East, 322.04 feet; thence Northeasterly 106.97 feet along the arc of a 105.74 foot radius curVe left (the chord of which bears North 520 45' 21" East, 102;47 feet); thence North 31" 36' 21" East, 42.87 feet; thence North 350 11' 42" East, 13~52 feet; thence South 480 251 14" East, 13.20 feet to the point of beginning, all in Lane County, Oregon. ~r , Terms and provisions .of easem~nt, including obligations for maintenance as established by Oregon law or as contained in instrument, Recorded: April 18, 1977 Recorder's Reception No. 77-22531 Lane County Oregon Official Records Between: City of Springfield Option to Re-Purchase a portion of this property by Joseph D,. Bando and Leonora P. Bando, as disclosed by Statutory Warranty Deed, recorded December 4, 1985, Recorder's Reception No. 85-43721, Lane County Oregon Official Records. AnneXation Agreement, including the terms and provisions thereof, between the City of Springfield and Arlie & Company, an Oregon corporation, recorded June 8, 2001, Recorder's Reception No. 2001-034714, Lane County Oregon Official Records. Easements set forth in that certain Lot Line Adjustment Deed recorded October 2, 2001, Recorder's Reception No. 2001-064919, Lane County Oregon Official Records. Date Received: SEP 1 2 2008 Original Submittal 225 Fifth Street Springfield, Oregoll 97477 54] -726-3759 Phone' Job/Journal Number SUB2008-00043 SUB2008-00043 SU1:\2008-00043 Payments: Type of Payment CreditCard cRcceint I ~_:JI"l,~~!1 ELO iii',-: ~:.. lib - . ..:.,: C" of Springfield Official Receipt D~.elopmellt Services Department Publie Works Department RECEIPT #: 3200800000000000653 Date: 09/12/2008 Description CTY Partition Tentative Plan + 5% Technology Fee Postage Fee Type 11- $160 Paid By PHILIP l' FARRINGTON/PROP PL DVP Item Total: Check Number Authorization Received By Batch Number Number How Received Id 041451 In Person Payment Total: Date Received: SEP 1 2 2008 Original submittal Page I of I II :29:39AM Amount Due 4,871.00 243.55 160.00 $5,274.55 Amount Paid $5,274.55 $5,274.55 9/1 2/2008