HomeMy WebLinkAboutItem 12 McKay Investment Company Ballot Measure 37 Claim Regarding Property at the Intersection of Mohawk and Centennial Boulevards (Mohawk Center).
Meeting Date: May 21, 2007
Meeting Type: Regular Session
Department: Development ~vices
Staff Contact: Mark Metzger 8'\A...-
S P R I N G FIE L D Staff Phone No: 726-3775
C I T Y C 0 U N C I L Estimated Time: 20 minutes
ITEM TITLE: MCKAY INVESTMENT COMPANY BALLOT MEASURE 37 CLAIM
REGARDING PROPERTY AT THE INTERSECTION OF MORA WK AND
CENTENNIAL BOULEV ARDS (MOHAWK CENTER).
Conduct a public hearing concerning a Ballot Measure 37 claim by McKay Investment
Company and act on the demand in one of the following ways: 1) deny the demand; or 2)
declare the demand to be a valid demand and pay the amount of compensation due to the
owner of the property; or 3) declare the demand to be a valid demand and modifY, remove
or choose not to apply the land use regulation(s) which are the basis for the claim.
McKay Investment Company has filed a "demand for compensation" claim, asserting that
the rezoning of its property near the intersection of Mohawk and Centennial Boulevards
caused a reduction in the value of that property. At issue is whether the claim is a valid
demand under Springfield Municipal Code Sections 2.900-2.995 which implements state
statutes pertaining to Ballot Measure 37.
ATTACHMENTS: Attachment 1: Staff Report
Attachment 2: Resolution in the Matter of McKay Investment Company's Demand for Real
Property Compensation
Attachment 3: McKay Investment Demand for Compensation Application (12/1/06)
Attachment 4: McKay Investment Supplemental Application Materials (3/23/07)
In November 2005, property owned by McKay Investments was rezoned from Major Retail
Commercial to Mixed-Use Commercial as part of a formal designation of the area for nodal
development. McKay asserts that the new plan designation and zoning imposes restrictions
on the use of the property that has caused a loss in value estimated to be $2,523,000. This
loss is attributed to standards found in Articles 40 (Mixed Use Zoning Districts) and 41
(Nodal Development Overlay District) of the Development Code that combine to prohibit
large format retail uses (larger than 50,000 sq. ft.) and that impose design standards that
would be more expensive to build than other development under the previous zoning.
Letters from Richard Duncan (Duncan & Brown), and Alan Evans (Evans, Elder and
Brown), provide opinions ofthe estimated financial impact of the rezoning. These opinions
form the basis of the applicant's claim and are included in Attachment 3.
AGENDA ITEM SUMMARY
ACTION
REQUESTED:
ISSUE
STATEMENT:
DISCUSSION/
FINANCIAL
IMP ACT:
Based on the findings provided in the staff report, the City Manager recommends that the
City Council declare the McKay Investment demand to be valid and that the Council choose
not to apply the standards found in Articles 40 and 41 of the Springfield Development Code
that prohibit buildings with footprints larger than 50,000 square feet and require other
design elements that might limit a large format retail use on the subject site. It is further
recommended that the effective date of this action coincide with the signing of a
development agreement by McKay Investment Company and the City specifYing those
development standards in Articles 40 and 41 that will be retained or modified, and those not
to be enforced on the subject site. This agreement will be brought back to the Council for
approval.
Article 31 (Site Plan Review) and all other applicable elements of the Development Code
shall be applied to any future development on the site. These are not subject to waivers
under Measure 37. Pertaining to traffic issues, Sections 31. 070 and 32.020 2 (e) of the
Code requires the improvement of existing transportation facilities or the installation of new
facilities to mitigate the impact of new development, when a need is demonstrated by a
transportation impact analysis. Similar provisions will apply to the impact of development
on other infrastructure. .
Demand for Real Property Compensation
City of Springfield
File Number LRP2006-00033
Staff Report
. Applicant
Date of Application
December 1, 2006
..McKay Investment Company, LLC
2350 Oakmont Way, #204
Eugene, OR 97401
485-4711, Fax 485-4714
Applicant's Representative
, James W. Spickerman
Gleaves, Swearingen Potter & Scott LLP
975 Oak Street
Eugene, OR 97440-1147
686-8833, Fax 345-2034
Current Plan Designationl Zoning
Metro Plan: Mixed Use
Zoning: Mixed Use CommerciaV Nodal
Develo ment Overla
Cause of Claim
Rezoning to Mixed Use Commercial prevents
the location oflarge-format retail uses on the
site and requires design standards not required
b the rior zonin .
Ma 17-03-25-34, Tax Lot 3900
Prior Plan Designationl Zoning
Metro Plan: Major Retail Center
Zoning: Major Retail Commercial
Claimed Reduction of Value
$2,523,000
Executive Summary
McKay Investment Company has filed a demand for compensation claim under provisions of the
Springfield Municipal Code, Sections 2.900-2.995-Demands for Real Property Compensation.
The Municipal Code requires the City Manager to review any demand for compensation and
make a recommendation to the City Council regarding the merits of the claim. According to
Section 2.940 (1), an application qualifies for compensation consideration ifthe owner has shown
. that all of the following criteria are met:
(a) The city has either enacted or enforced a land use regulation that restricts the use of
private real property or any interest therein;
(b) The restriction on use has the effect of reducing the fair market value of the subject
property or any interest therein;
(c) The identified land use regulation was enacted, enforced or applied after the current
owner of the property (the owner) became the owner; and
(d) The identified regulation is not an exempt regulation as defined in section
2.920(1)-(4).
McKay Investment Company owns about 11 acres of property near the intersection of Mohawk
and Centennial Boulevards. McKay claims that the city's action to rezone the subject property
Measure 37 Demand for Compensation
McKay Investments LRP2006-00033
May, 24, 2007
ATTACHMENT
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restrictions to the use of the property which caused a loss in value estimated to be $2,523,000.
This loss is based on restrictions found in Articles 40 and 41 of the Development Code that would
prohibit large format retail uses (larger than 50,000 sq. ft.) and impose design standards that
would be more expensive to build than other development under the previous zoning.
(})
Mohawk Center
8M 37 Claim
r:J Subject Property
100 0 100 200 Feet
1""""""1 '
Documentation provided by the applicant in the form of letters from Richard Duncan (Duncan &
Brown), and Alan Evans (Evans, Elder and Brown), are credible statements of support for the
applicants claim. The applicant has an offer on the property from a large format retailer in the
Measure 37 Demandfor Compensation
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applicants claim. The applicant has an offer on the property from a large format retailer in the .
. amount of $5,600,000. Duncan estimates the value of the property at the amount of the offer
made to the applicant on the site. Evans provides (idditional information that reduces the
estimated loss by $3,077,000. The total estimated loss is $2,523,000. .
A report published by the Oregon Transportation and Growth Management Program states that
.. mixed use development is considered riskier than traditional commercial development and often
requires significant public investment/subsidy. The Mohawk Specific Area Plan adopted by the
city in 1999, stated that a significant public investment in the subject site would be needed for a
. quality mixed-use development to be viable. Leland Consulting estimated that a $2,000,000
public investment would be needed for the Mohawk site. No public investment mechanism is
presently available for the Mohawk site.
. The applicant has demonstrated ownership of the subject property since 1963, although an
internal transaction technically changed the ownership for Measure 37 purposes on January 1,
2000.
Articles 40and 41 of the Springfield Development Code and the standards that they apply are not
regulations that are exempted from Measure 37 compensation under state law or by the Municipal
Code.
Conclusion and Recommendation
The investigation and findings prepared by staff support the demand claim submitted by the
applicant. Based on those findings, it is the recommendation of the City Manager that the City
Council not apply the s,tandards found in Articles 40 and 41 of the Springfield Development Code
which are the basis for the claim. The staffreport which follows provides additional detail
. concerning the procedures and criteria for decision making with regard to the demand claim.
I. Introduction
Ballot measure 37 was approved by the voters of the state of Oregon on November 2, 2004. The
measure amended ORS Chapter 197 to require, under certain specific circumstances, payment of
compensation to present owner of real property if government land use regulations reduce fair
market property value.
Ballot Measure 37 provides that in order to receive compensation, the property owner must make
a written "demand for compensation" to the government entity enacting or enforcing a land use
regulation that allegedly restricts the use of their property and has had the effect of reducing the
fair market value of the property. The measure allowed the government entity 180 calendar days
to act on the demand claim before the property owner is allowed to file an action in circuit court
for just compensation, and obtain attorney's fees. On May 10,2007, the Governor signed HE
3546 into law. HE 3546 extends by an additional 360 days the time for state and local
governments to make final decisions on claims filed under Ballot Measure 37 (ORS 197.352) on
or after November 1,2006.
Measure 37 Demandfor Compensation
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Ballot Measure 37 requires payment of just compensation for any reduction in fair market value
ofthe real property resulting from e~actment or enforcement of the land use regulation as of the
date the owner makes written demand for just compensation. The measure also provides that in
lieu of payment of just compensation a city may decide to modify, remove or not apply the land
use regulation causing the alleged reduction in fair market value instead of payment.
On December 2, 2004, the Council adopted a process for considering demands for compensation.
The procedure requires a minimum amount of factual and analytical information be included with
the demand for compensation at the time the city accepts any written demand for compensation.
These provisions establish ~ prompt, open, thorough and consistent process that gives property
owners an opportunity to present their demands to the city; informs the public of the demands
\ made and their resolutIon. The process is intended to preserve and protect limited public funds
and to establish a record of the city's decision capable of circuit court review.
. .
The remainder of this report describes the procedures followed and the analysis conducted by
staff, as prescribed in Sections2.900-2.995 of the Springfield Municipal Code. Unless otherwise
noted, section citations refer to the Springfield Municipal Code.
II. Procedures for Processing Demand Claims
. OptionalPre~Demand Conference (Section 2.925)
Before submitting a demand, the owner may request and attend a pre-demand conference with the
City Manager to discuss the demand.. The purpose of the pre-demand conference is to encourage
the owner to provide a summary of his /her demand to the City Manager and to enable the City
Manager to provide information to the owner about procedures and regulations that may affect
the'demand.
Finding #1: On November 7 and again on November 27,2005, staff met with the applicant to
discuss the nature of their pending claim to determine if any action could be taken that would
avoid the claim. It was determined that only a change back to the pre-existing Metro plan
designation and zoning would resolve the basis of the demand claim.
Demand Application (Section 2.930)
An owner seeking to file a demand must be the present owner(s) ofthe property that is the subject
of the demand. The owner is responsible for the completeness and accuracy ofthe application
and supporting data. Unless specifically waived by the City Manager, the information listed in
Section 2.930 of the Municipal Code must be included in the demand application. Among other
requirements, the owner is requested to specifically identify:
. All sections of the Springfield Municipal Code, Springfield Development Code, or other
current land use regulation that allegedly restrict(s) the use of the real property and allegedly
causes a reduction in the fair market value ofthe property. .
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. The proposed use of the property; theamount ofthe demand and the'fair market value ofthe
property before and after application ofthe identified land use regulation.
The demand application must include an appraisal by an appraiser licensed by the Appraiser
Certification and Licensure Board of the state of Oregon supporting the amount of the demand.
'. . .:
. '
Finding #2: The applicant filed a demand claim on December 1, 2006. Staff reviewed the
materials included with the claim against the submission requirements found in Section 2.930 and
found the application to be incomplete. Staff responded to the applicant with a letter on
December 14, 2006 describing the required information that was missing from the application.
On December 18, 2006, the applicant's representative responded with a letter indicating that
additional information would be submitted and that they would suspend the 180-day time line
until the supplemental information was submitted.
On March 23,2007, the applicant submitted supplemental information to make the application
more complete. Staff proceeded to process the claim based on the new information.
Information Gathering and Optional Public Meeting (Section 2.942)
The city's adopted procedure for processing claims includes provisions for a public meeting
concerning the demand claim. The process requires that notice of the demand for compensation
is to be sent to the owner of the subject property and to the owners of property within 300 feet of
the property. .
The demand notice is intended to inform nearby owners of the basis of the demand and the
amount of the compensation sought. The notice solicits public comment and provides for a
public meeting to be held, if requested, by any of the owners who were notified. The notice sets a
deadline date for submitting written comments.
Finding #3: On April 2, 2007, a notice of the demand claim was sent to the applicant and to.
property owners within 300- feet of the subject site. An affidavit of service concerning the notice
is on file with the Development Services Department.
The notice explained Ballot Measure 37 and summarized the demand claim filed by applicant.
The notice offered to convene a public meeting regarding the claim if anyone requested such a
meeting. The close of the comment period was April 12, 2007. No response to the notice, either
oral or written, was received. No public meeting was requested.
City Council Public Hearing with 300-foot Notice (Section 2.945)
Section 2.945 requires the City Manager to schedule a public hearing with the City Council upon
completion of the written recommendation for the demand. The City Manager is also required to
mail written notice of the public hearing to the owner(s) ofthe subject property, owners of
I
properties within 300 feet, neighborhood groups, agencies or other interested parties. The notice
must be sent not less than 20 calendar days before the public hearing.
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Finding #4: Notice of a public hearing on the demand claim was mailed to all property owners
and residents within 300 feet of the subject property on May 1,2007. An affidavit of service is
on file with the Development Services Department.
III. Criteria for Review of Demand Claims (Section 2.940)
The Measure 37 procedure requires the City Manager to review any demand for compensation
and make a recommendation to the City Council regarding the merits of the claim: According to
Section 2.940 (1) of the Springfield Municipal Code, an application qualifies for compensation
consideration if the owner has shown that all of the following criteria are met:
(a) The city has either eliacted or enforced a land 1fse rf;gulation that restricts the use of
private real property or any interest therein; ..
(b) The restriction on use has the effect of reducing the fair market value of the subject
property or any interest therein;
(c) The identified land use regulation was enacted, enforced or applied aflerthe current
owner of the property (the owner) became the owner; and
(d) The identified regulation is not an exempt regulation as defined in section
2.920(1)-(4).
Review Criteria Findings and Conclusions
"(a) The city has either enacted or enforced a land use regulation that restricts the use of
private real property or any interest therein;"
Finding #5: On November 7, 2005, the City Council approved a Metro Plan Diagram amendment
and zone change (Ordinance 6145) on the subject property from Major RetailCommercial
(MRC) to Mixed-Use Commercial (MUC), and applying the Nodal Development Overlay.
Article 40 of the Springfield Development Code describes the development standards and
allowed uses for the MUC zoning district. Article 41 describes development standards and uses
that are specifically prohibited within the nodal overlay district.
MUC zoning and the nodal overlay district prohibit a number of commercial uses that are allowed
in the MRC zone. These include, but are not limited to:
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
(i)
(j)
(k)
Car washes.
Auto Parts stores.
Recreational vehicle and heavy truck sales/rental/service.
Motor vehicle sales/rental/service.
Service stations, including quick servicing.
Tires, sales/service.
Transit park and ride, major or minor, except under a shared parking arrangement
with another permitted use.
Agricultural machinery rental/sales/service.
Boats and watercraft sales and service.
Equipment, heavy, rental/sales/service.
Manufactured dwelling sales/service/repair.
./
6
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McKay Investments LRP2006~00033
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Finding #6: MUC zoning prohibits any single use to have a building footprint larger than 50;000
square feet (70,000 square feet for grocery stores). MRC has no such size limitation, on building
footprint. Large format retail uses often have a footprint of more than 100,000 square feet, thus
restricting the variety of commercial/retail uses allowed on the applicant's site.
Article 40 and 41 apply design standards that are not required for MRC developments. These
. standards are aimed at making developments within mixed-use zones more "pedestrian friendly"
and more attractive than in other commercial zoning districts. These standards may cause some
increased construction costs for the developer.
Conclusion:
, The fmdings support the applicant's claim that the City has enacted a land use regulation that
restricts th~ use of the subject property.
~'(b) The restriction on use has the effect of reducing the fair market value of the subject
properly or any interest therein;"
Finding#7: Letters from Richard Duncan, MAl, SRA (Duncan & Brown, Real Estate Analysts),
and Alan Evans (Evans, Elder and Brown Inc.), were submitted by the applicant. Richard
Duncan estimates the value ofthe land (as vacant) at $5,600,000, based on an existing offer on
the property. Alan Evans states, "The imposition of the MUC zoning makes the property
unusable for its highest and best use, which is for a major retail format anchor store. This use is
consistent with theowner'spresent offer of$5,600,000."
Finding #8: In his letter, Alan Evans describes complexities in the sale of the property that would
reduce the figure cited by Duncan from $5,600,000 to $2,523,000: Evans states, "Ifthe property
is sold as-is, with MUC zoning in place, we would have to capitalize the existing net operating
income of approximately $300,000. The capitalization rate would be heavily weighted by the
physical and functional obsolescence of the present improvements, the short-term nature of most '
of the leases, and the fact that the property is contaminated and subject to a DEQ clean-up. A .
market rate cap without these factors would be approximately 7.5%. With these mitigating
factors, I believe that the appropriate cap rate would be between 9.5% andlO%, say 9.75%. This '
results in a value of $3,077 ,000. Therefore the loss in value is $2,523,000" [$5,600,000-
$3,077,000].
Finding #9: Mixed-Use Commercial zoning allows multi-family residential development to be
integrated into commercial developments, a privilege not allowed in the Major Retail
Commercial. However, the Oregon Transportation and Growth Management Program notes that
. mixed-use projects are considered "fmancially riskier than traditional developments and public
incentives often play an important role in the success of such projectsl." In Eugene, Broadway
Place received about $11.84 million in city subsidies for the development on a 2.5-acre parcel.
The subject site is about 11 acres in size.
Finding #10: "Any significant project with quality design standards, landscaping, lighting, and
other amenities will most assuredly need some form of public assistance." This was the finding
of ECONorthwest as expressed in a memorandum that is included in Appendix C of the Mohawk
Boulevard Specific Development Plan which was adopted by the city in 1999. The memorandum
I Smart Development Case, Studies: Broadway Place, Oregon Transportation and Growth Mamigement
Program. (http://www.oregon.gov/LCD/TGM/docs/CaseStudies/Broadway.pdt)
Measure 37 Demandfor Compensation 7
McKay Investments LRP2006-00033
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reiterated that "without such intervention, and public assistance, it is unlikely that a 'clear and.
rebuild' solution involving building standards and design quality, and project aesthetics is
possible." .
Dave Leland, of Leland Consulting, was also hired under an Oregon Transportation and Growth
Management program grant in 2005 to advise McKay Investments on a redevelopment strategy
for the Mohawk Center site. Leland was familiar with the Mohawk site, having contributed to the
economic analysis compiled for the ECONorthwest memorandum. His finding again stated that .
the site would require a public investment of about $2,000,000 in order for a quality mixed-use
development to be successful at the Mohawk location.
Conclusion:
. .
. .
The findings support the applicant's claim that the restriction on use of the subject property due to
the rezoning toMUC has had the effect of reducing the fair market value ofthat property. To be
successfully developed, a significant public investment in the site would be required.
(c) The identified land use regulation was enacted, enforced or applied after the current
owner of the property (the owner) became the owner;
Finding #11: The applicant submitted a title report, and warranty deeds showing original
ownership dating to 1962. An internal transaction within the family business resulted in a
technical change in ownership that dates to January 1,2000. The change in Metro Plan
designation and zoning that is the basis of this claim occurred in November 2005.
Conclusion:
The finding supports the applicant's claim that the rezoning to,MUC was enacted, enforced or
applied after the applicant became the owner.
(d) The identified regulation is not an exempt regulation as defined in section
2.920(1)-(4)
Measure 37 exempts certain land use regulations from cornpensation claims. These exempt
regulations are listed in section 2.920 (1)-(4) ofthe Springfield Municipal Code, and are shown
below.
. (1) Restricts or prohibits activities commonly known and historically recognized as
public nuisances under common law; including but not limited to Springfield
Municipal Code chapter 5 as amendedfi'om time to time and the criminal laws of
the state of Oregon and the city of Springfield;
(2) Restricts or prohibits activities for the protection of public health and safety such
as fire and building codes,. health and sanitation regulations, solid or hazardous
waste regulations, drinking water protection, and pollution control regulations;
(3) Is required in order to comply with federal law;
(4) Restricts or prohibits the use of property for th~ purpose of selling pornography
or peiforming nude darcing; or
,Measure 37 Demandfor Compensation
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Finding #11: Article 40. (Mixed Use Zoning Districts) and Article 41 (Nodal Development
Overlay District), were not implemented to prohibit common nuisances; address public health or
safety issues; nor to comply with federal law. Thearticles do not prohibit the sale ofpomography
or nude dancing...
. . .
Sections 40.0 10 and 41.010 of the Development Code describe the purpose and applicability of
the Mixed-Use Zoning and Nodal Development Overlay districts. Generally, the purPoses stated
in these articles focus on implementation of transportation related land use policies found in the
Eugene-Springfield Area Transportation Plan (TransPlan) and the Metro Plan.
Section 40.010(1), Mixed-Use Commercial District, states that the "primary objectives ofthe
MUC district are to expand housing opportunities; allow businesses to locate in a variety of
settings; provide options for living, working, and shopping environments; facilitate more
intensive use of land while minimizing potentially adverse impacts; and to provide options for
-. pedestrian-oriented lifestyles."
Conclusion:
The finding shows the Mixed-Use Zoning District and Nodal Overlay Districts are not exempted
regulations under Section 2.920(1)-(4) of the Municipal Code.
IV. Recommendation of the City Manager (Section 2.942)
It is the opinion of staff that the procedural findings and the findings pertinent to the criteria for
evaluating compensation claims show that due process under the Municipal Code Section 2.900-
2.995 has been followed and that the applicant's compensation claim is valid.
It is the recommendation of the City M~ager that the City Council find that theMcKay
Investment Company demand for real property compensation to be a valid claim and that the
Council authorize the City Manager to modify, remove, or not apply the elements of Article 40
and Article 41 of the Springfield Development Code that are the basis for the demand claim,
rather than paying compensation to the property owner. It is further recommended that the
Council's decision in this matter take effect upon the signing of a development agreement
negotiated by the City Manager or his designate, between the City of Springfield and McKay
Investment Company, specifically definingthose development standards from Article 40 and
Article41 that will be retained or modified, and those not to be enforced onthe subject site.
V. City Council Consideration and Decision (Section 2.947)
The Municipal Code states that the hearing before the City Council shall be based upon the
recommendation of the City Manager and all information and comments submitted to the City
Manager and other materials provided by the City Manager relevant to the application and all
other information and comments provided to the City Council subsequent to the City Manager's
- recommendation.
Upon conclusion of the public hearing on a demand application and the City Manager's
recommendation the City Council shall take one or more of the following actions on the demand:
Deny the demand; or
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. Declare the demand to be a valid demand and pay the amount of compensation, if any, due to
the owner of the property; or
. Declare the demand to be a valid demand and modify, remove or choose not to apply the land
. use regulation(s) which are the basis for the claim. .
If the City Council removes, modifies, or does not apply the identified land use regulations, it
may in its discretion put back into effect with respect to the property, all of the land use
regulations in effect at the time the owner acquired the property. It is the recommendation ofthe
City Manager that the Council not apply those restrictive standards that were applied under the
new Mixed-Use Commercial zoning that are the basis for McKay Investment's claim.
The final decision on a demand which is the subject of a City Manager recommendation shall be
made by the City Council after review under the criteria enumerated in sections 2.940, 2.945 and
2.947 of the Springfield Municipal Code. The Council's decision shall be based upon
consideration of whether the public interest would better be served by granting compensation, the
amount of compensation, if any, whether any exceptions to the requirement for compensation
apply or whether the regulation should be modified, removedor deemed noUo apply to the .
property.
Follow-up on the Council Decision
Within seven calendar days after the City Council renders a decision on the demand, a copy of the
City Council decision shall be sent by mail to the owner a.nd to each individual or entity that
participated in the City Manager or City Council review process, provided a mailing address was
provided to the city as part of the review process.
Measure 37 Demand for Compensation
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Resolution No.:
A Resolution Concerning McKay Investment Company's
Demand For Real Property Compensation
. ,
. . .
WHEREAS on November 2,2004, the voters of the state of Oregon approved
Ballot Measure 37 and thereby amended ORS Chapter 197 to require, under certain .
specific circumstances, payment of compensation to the present owner of real property if
government land use regulations reduce fair market property value; and
WHEREAS Ballot Measure 37 authorizes the city to adopt and apply procedures
for processing demands for just compensation; and
WHEREAS, the City Council adopted Ordinance No. 61 02 [effective December 2,
2004] adding Sections 2.900 through 2.995 to the Springfield Municipal Code prescribing
how to process demands for compensation under Ballot Measure 37; and
. WHEREAS Section 2.930 of the Springfield Municipal Code requires thatin
order to receive compensation, a present owner of real property must make a written
"demand for compensation," providing the city with pertinent information needed to
determine the validity of the claim and the alleged reduction in fair market value that is
attributable to a land use regulation applied by the city.
WHEREAS, McKay Investment Company LLC, filed a Ballot Measure 37 demand for
compensation under the provisions of Municipal Code Section 2.900 on December 1, 2006;
alleging that the action to designate and rezone their property at the intersection of Mohawk and
Centennial Boulevards from Major Retail Commercial to Nodal Development Area-Mixed-Use
Commercial, has reduced the fair market value of the property; and
WHEREAS the City Manager has investigated the validity of the demand claim and has
made findings with respect to the procedures and criteria for deciding the validity of a claim; and
WHEREAS notice of the McKay Investment Company demand claim was mailed to all
property owners residents within 300 feet ofthe subject property and received no comment
during the designated comment period; and
WHEREAS, the City Manager has prepared and submitted a recommendation concerning
the McKay Investment Company to the City Council; and
WHEREAS, the City Council held a public hearing on the McKay Investment Company
demand claim on May 21, 2007 and has considered the testimony received at that hearing:
ATTACHMENT
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NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds and
. determines that the McKay Investment Company demand for real property compensation to be a ..
valid claim and authorizes the City Manager to modify, remove, or not apply the elements of
Article 40 and Article 41 of the Springfield Development Code that are the basis for the
demand claim, rather than paying compensation to the property owner, McKay
Investments Company.
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon the signing of
a development agreement negotiated by the City Manager or his designate, between the City of
Springfield and McKay Investment Company, LLC specifically defining those development
standards from Article 40 and Article 41 that will be retained or modified, and those not to be
enforced on the subject site.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of_for
and_against, this 21st day of May, 2007.
Mayor
ATTEST:
City Recorder
REVIEWED & APPROVED AS TO FORM
DATE:
OFFICE OF CITY ATTORNEY
r)
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PROPERTY OWNER INFORMATION (Please type or print)
McKay Investment Company, LLC .
Name of Property Owner
Name of Firm
2350 Oakmont Way, #204 .
Street Address
Eugene,OR97401
City, State, Zip
485-4711
Phone
Public Meeting
Private Real Property Description
City of Springfield
Development Services Department
225 Fifth Street
Springfield/OR 97477
541.726.3753
DEMAND FOR COMPENSATION
UNDER BALLOT MEASURE 37
James W. Spickerman
Name of Representative (If Any)
Gleaves Swearingen Potter & Scott LLP
Name of Firm
.975 Oak Street, Suite 800
Street Address.
Eugene, OR 97440-1147
City, State, Zip
686-8833
Phone
345-2034
Fax
Does Owner request a public meeting? Yes
No .x
A Demand shall be for a single property or separate contiguous properties under the same ownership.
Map and Tax Lot #
Site Address
17-03-25-34. tax lot 3900
1650 Centennial Boulevard, Springfield, OR
Fee Title
Owner's Interest in the Real Property
R~QUIRED ATTACHMENTS (SEE REVERSE OF THIS FORM) AND COMPLETENESS
This Demand and all attachments required on the reverse side of this form must be provided before acceptance by the
City Manager. Only after acceptance will the 180 day processing period commence as specified under Ballot Measure 37.
(Springfield Municipal Code Sec. 2.900 et sec.)
NOTARIZED SIGNATURES
Notary Stamp
I, J. Douglas McKay, Member in McKa
depose and say that r/we am/are the owner
i the subject of this Demand and the same i
X
Owner Signature
Subscribed to me this ~O"" day of 11 OV ~
20~. Notary Signature
DISCLAIMER NOTICE:
Approval of compensation or modification, removal or non -application of land use regulation does not warrant or otherwise guarantee that the present property owner
or any successors interest can legally use the subject property for the purpose, or in the manner, approved by the City as such use or purpose may impact third parties,
including rights established by Covenants, Conditions and Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions or contracts.
STAFF COMPLETES ~IS SECTION
Date Demand Submitted . /'1/1 W . .. Received by:
I
Date Demand Accepted for Processing
.~. ~-fih~
\.
File#
ATTACHMENT
.3-:-1
CHECKLIST & REQUIRED ATTACHMENTS TO BE SUBMITTED BY PROPERTY OWNER
DEMAND FOR COMPENSATION - BALLOT MEASURE 37
Reference Springfield Municipal Code Sections 2.920(4),2.930 and 2.940
1. Application Form. A completed application form (the front page of this packet must be filled out) to include: a) The name,
mailing address, telephone number and authorization signatures for all the property Owners or contract Owners; b)The
designated Owner or agent who is the Owner's designated representative regarding the processing of the application; and c)
Every Lessee and Lessor of the property and their mailing address and telephone number. Please use additional sheets if all
the information cannot fit on the front page.
2. 'Property Description. A legal description and tax lot number of the property as well as a street address for the property
(if any). .
3. Title Report A title report issued within 30 calendar days of the application's submittal, including: a) Title history; b) A
statement of the date the Owner acquired Ownership of the property; c) The ownership interests of all Owners of the
, property; d) Every person or entity holding a lien against or security interest in the property, and (e) Every person or entity
holding a future, contingent, or other interest of any kind in the property. .
- -,..
---.:. 4. Copy of Regulations Applicable to the Demand. A statement speCifically identifying all the sections of the Springfield
Municipal Code, Springfield Development Code, or other current land use regulation that allegedly restrict(s) the use of the
real property and allegedly causes a reduction in the fair market value of the property.
5. Demand Statement. A statement specifying: a) The proposed uSe of the property; b) The amount of the Demand and th~
fair market value of the property before and after application of the identified land use regulation; c) To whom any
compensation detennined must be paid and why the Owner is entitled to compensation under the requirements of the
provisions added to ORS Chapter 197 by Ballot Measure 37 (see also Item 6 below). , .
6. Demand Criteria. A statement addressing 2l! of the following criteria: a) The City has either enacted or enforced a land use
regulation that restricts the use of private real property or any interest therein; b) The restriction on use has the effect of
reducing the fair market value of the subject property or any interest therein; c) The identified land use regulation was
enacted, enforced or applied after the current Owner of the property (the Owner) became the Owner; and d) The identified
regulation is not an exempt regulation as defined in SMC Section 2.920(4).
7. Appraisal. An appraisal by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon
supporting the amount of the Demand that addresses the following issues: a) The appraisal must expressly note all existing
infrastructure limitations and value the property without an assumption that the infrastructure will be improved at
governmental expense or through discretionary governmental action; b) The appraisal must expressly address and indicate
the amount of the alleged reduction in the fair market value of the property at the time a complete Demand is submitted to
the City by showing the difference in the fair market value of the property resulting from .enactment or enforcement of each
. of the identified regulations individually identified in the Demand and after the application of all of the identified regulations
cumulatively; and c) The appraisal must expressly consider the effect of the aforesaid Ballot Measure 37 on the availability
of other real property including the extent to which the supply of such other real property is or will be increased due to the
non-enforcement, discontinuance, repeal or waiver of regulations following the passage of Ballot Measure 37 (see also Item
11 below).
8. Additional Documentation. Copies of any leases or Covenants, Conditions and Restrictions ("CCR's) applicable to the real
property, if any, that impose restrictions on the use of the property. .
9. Access to Property. Written permission for access to the property by the City Manager or his/her designee including but
not limited to agents or appraisers necessary to evaluate and appraise the property and the Demand for purposes of
determining whether or not regulation(s) have had the effect of reducing the fair market value of the property.
_ 10. Fee. A Demand shall include a fee established by Council resolution to at least partially cover the City's cost of processing
the Demand. If a Demand is determined to be a Valid Demand the City shall reimburse the Owner for any fee paid.
_ 11. Statement Regarding Exempt Land Use Regulations. A statement by the Owner making the Demand of why the
following exemptions to the requirement for compensation do not apply: a) Restricts and prohibits commonly and
historically recognized public nuisances under common law, including but not limited to SMC Chapter 5 as amended from
time to time and the criminal laws of the State of Oregon and the City of Springfield; b) Restricts or prohibits activities for
the protection of public health and safety, such as fire and building codes, health and sanitation regulations, and pollution
control regulations; c) Is required to comply with federal law; d) Restricts or prohibits the use of property for the purpose of
selling pornography or performing nude dancing; or e) Was enacted prior to the date of the acquisition of the property by
the Owner, or prior to acquisition by a family member of the Owner who owned the subject property prior to the acquisition
or inheritance by the Owner, whichever came first [if "family member" status is claimed, it must also be addressed in .the
title report required by Item 3. above]. .
3-2
December 1,2006
Hand Delivered
Attn: Greg Mott or Gary Karp
. City of Spririgfield
Development Services Department ...
225 Fifth Street
Springfield, OR 97477
. Re: Demand for Compensation Under Ballot Measure 37
Dear Development Services Department:...
, '
. ' - .
. .
This firm represents McKay Investment Company, LLC in its demand
pursuant to Ballot Measure 37 for waiver or compensation pertaining
to land use regulations for property located at 1650 Centennial
Boulevard, Springfield, Oregon, map no. 17-03-25-34, tax lot 3900.
Attached as Exhibit A is the status of title report confirming our
client's ownership 9f the subject property.
McKay Investment Compariy, LLC intends to construct a major
commercial development on the subject site. More specific information
concerning the proposed development may become available during
the processing of this claim..
As you know, Ballot Measure 37, ORS 197.352(1), provides that if any
land use regulation placed on properties has the effect of "reducing the
fair market value of the property, or any interest therein...," the owner
of the property must be paid compensation for the loss of value or the
land use regulations waived. The subject property was conveyed to
McKay Investment Company by Warranty Deed on August 1, 1962. . A
copy of that deed is attached as Exhibit B. That company, a co-
partnership, included as partners J. Douglas McKay and Linda Lee
McKay which is reflected in Exhibit B.
On January 1,2000, the subject property was conveyed by McKay
Investment Company, aka McKay Investment Co., a partnership, to
McKay Investment Company, LLC by Warranty Deed. A copy of that
3-3
Pho~e
(541 )686-8833
Fax;
(541) 345-2034
975 Oak Street
. Suite 800
Eugene, Oregon
97401-3156
Mailing Address:
P.O. Box 1147
Eugene, Oregon
97440-1147
Email:
info@orbuslaw.com
Web-Site:
www.orbuslaw.com
Sean M. Bannon
Frederick A Batson
Jon V Buerstatte
Joshua A. Clark
A. ]. Giustina
Thomas P E. Herrmann*
Dan Webb Howard
Stephen O. Lane
William H. Martin*
Laura T Z. Montgomery*
Tanya C O'Neil
Standlee G. Potter
Ian T Richardson
Martha]. Rodman
Douglas R. Schultz
Malcolm H. Scott
James.W Spickerman
Kate A Thompson
Jane M. Yates
· Also admitted
in Washington
City of Springfield
.Development Services Department
.. December J, 2006
Page 2
deed is attached as Exhibit C. McKay Investment Company, LLC
included as members J. Douglas McKay and Linda McKay Korth,
members of the original partnership. A copy of the first page of the
January 1,2000 Operating Agreement confirming the continued
ownership is attached as Exhibit D.
While it may not be the case that some tran.sfers between one entity
and another entity constitutes a change in ownership, here J . Douglas
McKay and Linda McKay Korth have retained ownership of the
property "or an interest therein" from the date of the 1962 conveyance.
Our client seeks compensation for the effect on the value of the
property for all land use regulations applied to the subject property
since that 1962 date or a waiver of those regulations. Adequate
compensation for the burden of regulations adopted since 1962 would .
exceed that indicated in the appraisal referenced below.
I am aware that some local governments. have claimed some transfers
to limited liability companies constitute a change in ownership. As.
indicated above, particularly in this instance, we do not believe that is
the case. For purposes of this claim, should there be a final decision
on that issue at the Oregon Supreme Court or the Oregon Court of
Appeals determining such a transfer is a change in ownership, we
demand compensation or waiver of all nonexempt regulations applied
to the property since January 1,2000. . Regulations applied to the
property since that 2000 date for which waiver or compensation is
sought include, but are not limited to, application of the Nodal
Development Overlay designation to the property, the Mixed-Use
Commercial designation, all provisions of the Springfield Development
Code in Article 31, Minimum Development Standards and Site Plan
Review Standards, and Article 32, Public and Private Improvements.
Attached as Exhibit E is a letter from Richard J. Duncan, MAl, SRA,
Duncan & Brown, establishing the effects of the Mixed-Use
Commercial zone on the value of the subject property.
Attached as Exhibit F is a supplemental letter provided by Alan Evans
pertaining to the effect on value of these regulations and, in particular,
the effect of site review requirements on the value of the property. Mr.
Evans has' been a commercial real estate broker with a primary focus
on retail real estate for more than 20 years.
The intent is to include in this claim all necessary information for the
City to process the Measure 37 claim. While there may be individual
3-4
requirements of the City ordinance for such a claim which may not be
addressed here, ORS 197.352 does not contain such requirements but
. only the.requirement of a demand on the government body. If there is
additional information that would be of assistance in processing this
claim, please advise me..
. Attachments:
Filing Fee $500
Exhibit A Title Report.
Exhibit B Warranty Deed (1962)
Exhibit C Warranty Deed (2000)
Exhibit D . Operating Agreement (1/1/00, 1st page)
Exhibit E Duncan & Brown Report (9/19/06)
Exhibit F Alan Evans supplement letter (11/28/06)
Jca
cc: McKay Investment Company, LLC (wiD att)
Joseph J. Leahy (wiatt)
3-5
First American Title Insurance Company of Oregon
600 Country Club Road
, Eugene, OR 97401
Phn - (541)484-2900
Fax - (541)484-7321
FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT:
Ronald Denton, Title Officer .
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: radenton@firstam.com
Alan Evans
101E Broadway #101
Eugene, OR 97401-3114
, ,Order No.: 7199-912425
November 16, 2006
Attn:
Phone No.: (541)345-4860 - Fax No.: (541)345-9649
Email: alan@eebcre.com '
Re:
1st Supplemental Preliminary Title Report
AL TA Owners Standard Coverage Liability $ Premium $
, AL T A Owners Extended Coverage Liability $ Premium $
AL T A Lenders Standard. Coverage Liability $ Premium $
AL T A Lenders Extended Coverage Liability $ Premium $
Endorsement , Premium $
Govt Service Charge Cost $
Other Preliminary Title Report Cost $ 0.00
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
, title to the following described land:
The land referred to in this report is described in Exhibit A attached hereto.
and as of November 09, 2006 at 8:00 a.m., title vested in:
McKay Investment Company, LLC, an Oregon limited liability company, as to Parcel I, Cuddeback
Investments, Inc., an Oregon corporation, as to Parcel II and Wells Fargo Bank, successor in interest to
the First National Bank of Oregon, a national banking association, as to Parcel III
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless ~ policy is issued, and the full premium paid.
3-6
3.
Order No.: 7199-912425
Page 2 of9
". "
. .
'. '
, '
.' '
Taxes for the current fiscal year are reduced by reason of Religious Exemption. If the exempt
status is terminated under the statute prior to July 1, said property will be taxed at 100% of the
assessed value.
., (Parcel I)
2.
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property ID No.: ,
(Parcel III)
Taxes for the year 2005- 2006
'. Unpaid Balance: $
Taxes for the year 2004-2005
> Unpaid Balance: $
Taxes for the year 2003-2004
Unpaid Balance: $
Taxes for tl}e year 2002-2003
Unpaid Balance: $
Taxes for the year 2001-2002
Unpaid Balance: $
Taxes for the year 2000-2001
Unpaid Balance: $
Taxes for the year 1999-2000
Unpaid Balance: $
Taxes for the year 1998-1999
Unpaid Balance: $
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property ID No.:
(Parcel I)
$
$
01900
1703253404402
0212124
7,771.08
7,771.08, plus interest and penalties, if any
7,599.88, plus interest
7,454.14, plus interest
7,240.17, plus interest
6,614.82, plus interest
6,489.17, plus interest
6,332.38, plus interest
6,401.64, plus interest
6,223.13, plus interest
$
$
01900
1703253403900
0212033
68,793.79
68,793.79, plus interest and penalties, if any
First American Title.
3-7
Taxes for the year 2006~2007
Tax Amount ' $
.'.Unpaid Balance: $ .,.,
Code No.: ,.01900
Map & Tax Lot No.: 1703253403900
, Property 10 No.: 5007784
(Personal Property assessed to Bi-Mart Corp #603) .
4,085.54
4,085.54, plus interest and penalties, if any;
5. Taxes for the year2006-2007
TaxAmount $ 414.69
Unpaid Balance: $ 414.69, plus interest and penalties, if any.
Code No.: 01900
Map & Tax Lot No.: 1703253403900
Property 10 No.: 5120082
(Personal Property assessed to Abby's Pizza Inn)
6. Taxes for the year 2006-2007
. Tax Amount $ 1,158.18
Unpaid Balance: $ 1,158.18, plus interestand penalties, if any.
Code No.: 01900
Map & Tax LotNo.: 1703253403900
Property 10 No.: 5361058
(Personal Property assessed to Wendy's Old Fashioned Hamburgers)
7. Taxes for the year 2006-2007
Tax Amount $, 187.65"
Unpaid Balance: $ 187.65, plus interest and penalties, if any
Code No.: 01900
Map & Tax Lot No.: 1703253403900
Property 10 No.: 5503279
(Personal Property assessed to Dollar Store #901)
8.
Taxes for the year 2006-2007
Tax Am,ount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property 10 No.:
(Parcel II)
$
$
01900
1703253404101
0212074
22,344.48
22,344.48, plus interest and penalties, if any
9.
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property 10 No.:
$
$
01900 '
1703253404101
5084841
850.11
850.11, plus interest and penalties, if any
. Rrst American Title
3-8
(Personal Property assessed to Taco Bell #372) .
Order No.: 7199-912425
Page 4 of 9
10. Taxes for the year 2006"2007
Tax Amount $ .. 2,643.62
Unpaid Balance: $ 2,643.62, plus interest and penalties, if any
Code No.: 01900
Map & Tax Lot No.: 1703253404402
Property ID No.: 5347172
(Personal Property assessed to Wells Fargo Bank #92471 Inc.)
, . .
11. The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads and highways.
12. Easement, including terms and provisions contained therein:
Recording Information: September 19, 1961, Reception No. 44347
In Favor of: Northwest Natural.Gas Company, a corporation
For: Utilities
. (Parcel I)
13. Easement, including terms and provisions contained therein:
Recording Information: February 05, 1963, Reception No. 98548
In Favor of: The First National Bank of Oregon, Portland
For: Customer parking
(Parcel I)
14. Easement, including terms and provisions contained therein:
Recording Information: June 11, 1963, Reception No. 13832
In Favor of: City of Springfield
For: Public utilities
(Parcel I)
15. The terms and provisions set forth in that certain easement from The First National Bank of
Oregon, Portland, a national banking association, to McKay Investment Co., a partnership,
recorded June 25, 1963, Reception No. 15462, being an easement for pipelines and ingress &
egress.
(Parcels I and III)
16. Reservation of utilities in vacated street area and the right to maintain the same as set forth in
Ordinance No. 1808, a copy of which was
Recorded November 22, 1963, Reception No. 34155.
And re-recorded May 01, 1972, Reception No. 97020.
17. The terms and provisions contained in that certain easement from Hazel P. Peterson to McKay
Investment Company, a partnership, recorded January 04, 1968, Reception No. 9941, being an
easement for sewer line or other underground utility.
(Parcel I)
Rrst American Title
3-9
Order No.: 7199-912425
Page 5 of 9
Lease and the terms and conditions thereof:
Lessor: . . McKay Investment Company, a partnership.
Lessee: . Taco Bell, a California corporation
Recorded: ... November 14, 1968
Recording. Information: '.45029
(Affects Parcel II)
19. Easement, including terms and provisions containedtherein:
Recording Information: November 06, 1973, Reception No. 73-50317
In Favor of: City of Springfield
(Parcel I)
20. Easement, including terms and provisions contained therein:
Recording Information: January 17, 1977, Reception No. 77-02804
. In Favor of: City of Springfield, acting by and through its Springfield Utility
Board
For: Water transmission or distribution line
(Parcel I)
21. Easement, including terms and provisions contained therein:
Recording Information: . January 17, 1977, Reception No. 77-02805
In Favor of: City of Springfield, acting by and through its Springfield Utility
Board
For: Water transmission or distribution line
(Parcels I and II)
22. Easement, including terms and provisions contained therein:
Recording Information: September 14, 1998, Reception No. 98-73229
In Favor of: City. of Springfield, acting by and through its Springfield Utility
Board
For: Public water utility
(Parcell)
, .
23. Right, title and interest of PMD Restaurants, LLC, by reason of its execution of Financing
Statement recorded May 13, 1999, Reception No. 99-43178.
The present ownership and other matters affecting said interest are not shown herein.
(Parcels I and II)
And by Financing Statement recorded February 16,2005, Reception No. 2005-011519.
24. Declaration of Cross Easements, including terms and provisions thereof.
Recorded: November 22, 2005, Reception No. 2005-093358
Affects: Parcels I and II
.Rrst American Title
3-10
Order No.: 7199-912425
Page 6 of 9 .
Covenants/ conditions, restrictions and/or easements; but deleting any. covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604{c), of the United States Codes:
. Recording Information: .. November 22, 2005, Reception No. 2005-093359
Affects: Parcel I
. 26. Lease with Redundant Cartridge, Inc., dated April 22,2003, as amended.
Lease with Jennifer Williams, dba, Shabryls, dated July 10, 2002.
. - - .
. . .
. .
Lease with Janis West,dba Z-Coil, dated May 18, 2005.
Leasewith Bi-MartCorporation, dated December 09, 1964, as amended.
Lease with Stanley T. Merrell and Connie J. Merrell, dated July 06, 1988, assigned to Springfield
Taco, a partnership, as disclosed by Assignment of Leases recorded November 30/ 2005/
Reception No. 2005-095349, Official Records of Lane County, Oregon.
(Parcel II)
27. Unrecorded leases or periodic tenancies, if any.
- END OF EXCEPTIONS -
NOTE: Taxes for the year 2006-2007 PAID IN FULL
Tax Amount: 403.06
Map No.: 1703253403900
Property 10: 5487960
Tax Code No.: 01900
(Personal Property assessed to Stepina's Famous Pizza)
NOTE: Taxes for the year 2006-2007 PAID IN FULL
Tax Amount: $409.90
Map No.: 1703253403900
, Property ID: 5515083
Tax Code No.: 05229
(Personal Property assessed to Schwan's Home Service Inc.)
Situs Address as disclosed on Lane County Tax Roll:
1600, 1650,1705, 1710, 1780, 1782 and 1792 Centennial Blvd.; 1489, 1449, 1453, 1455, 1457, 1459,
1461, 1469, 1471, 1475, 1479, 1483, 1485, 1487, 1491, 1493/ 1499, 1505/ 1507/ 1509, 1511, 1519 and
1521 Mohawk Blvd.; and 1250, 1480, 1484, 1486 and 1488 18th Street, Springfield, OR 97477
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
cc:
cc: McKay Investment Co LLC
cc: Alan Evans, Evans Elder & Brown Inc.
101 E Broadway #101, Eugene, OR 97401-3114
.first American Title
3-11
First American Title Insurance Company of Oregon
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (10/17/92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
, by reason of: .
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, Or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions Ot location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the iand or any parcel of which the land is or was a part; or (Iv) environmental protection, or
.the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which wouid be binding on the tights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;' ,.
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and' not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Poiicy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien
for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of
policy); or '
(e) resutting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage..
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereOf, whiCh arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
. '6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has' advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights iaws, that is based on:
(I) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doc:trine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer, except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for vaiue or a judgment or lien creditor.
ALTA OWNER'S POLICY (10/17/92)
The follOWing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of: .
1. ,(a) Any law, ordinance or governmental regulation (including but. not limited to building and zoning iaws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or iocation of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resutting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ",
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which wouid be binding on the rights of a purchaser for value without knowledge.
3. Defects; liens, encumbrances, adverse claims, Or other matters:
(a) created. suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resutting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insur~ the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer resuits from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor,
SCHEDULE OF STANDARD EXCEPTIONS
The ALTA standard policy form wiil contain in Schedule B the following standard exceptions to coverage:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the publiC
records; proceeding by a public agency which may resutt in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or
by the publiC records.
2. Any facts, rights, interests, or claims which are not shown by the pUblic records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the publiC records, unpatented mining claims; reservations or exceptions in patents or in Acts
authorizing the issuance thereof; water rights, claims or title to water.
4, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose.
NOTE: A SPECIMEN COpy OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST
Tl 149 Rev. 5-99
Rr:st American Title
3-12
Real property in the County of Lane, State of Oregon, described as follows:
PARCEL I:
BEGINNING AT A POINT BEING NORTH 89041' 53" WEST, 308.56 FEET (RECORD 308.64 FEET) FROM
THE SOUTHEAST CORNER OF BLOCK 6 OF MOHAWK FIRST ADDmON, AS PLATTED AND RECORDED IN
. BOOK 15, PAGE 23, LANE COUNlY OREGON PLAT RECORDS; AND RUNNING THENCE NORTH 40 24' 51".
EAST, 104.16 FEET; THENCE NORTH 700 22' 19" WEST, 133.23 FEET TO THE EASTERLY MARGIN OF
MOHAWK HIGHWAY; THENCE ALONG SAID EASTERLY MARGIN NORTH 290 13' 07" EAST, 194.69 FEET;
THENCE LEAVING SAID EASTERLY MARGIN AND RUN SOUTH 600 47' 00" EAST, 90.00 FEET; THENCE
NORTH 290 13' 07" EAST, 95.00 FEET; THENCE SOUTH 15047' 00" EAST, 7.07 FEET; THENCE SOUTH
60047' 00" EAST, 5.00 FEET; THENCE NORTH 29013' 07" EAST, 80.00FEET; THENCE NORTH 60047'
00" WEST, 5.00 FEET; THENCE SOUTH 74013' 00" WEST, 14.14 FEET; THENCE NORTH 60047' 00"
WEST, 85.00 FEET TO SAID EASTERLY MARGIN OF MOHAWK HIGHWAY; THENCE ALONG SAID
EASTERLY MARGIN NORTH 290 13' 07" EAST, 183.70 FEET; THENCE LEAVING SAID EASTERLY MARGIN
RUN SOUTH 890 44' 15" EAST, 165.65 FEET TO THE EAST LINE OF SAID BLOCK 6; THENCE ALONG
SAID EAST LINE NORTH 00 13' 30" EAST, 21.71 FEET; THENCE LEAVING SAID EAST LINE RUN SOUTH
89046' 30" EAST, 141.99 FEET; THENCE NORTH 70006' 00" EAST, 30.02 FEET; SOUTH740 28' 08"
EAST, 62.15 FEET; THENCE SOUTH 89053' 24" EAST, 152.99 FEET; THENCE NORTH 58049' 12" EAST,
25.85 FEET; THENCE SOUTH 890 48' 26" EAST, 34.65 FEET TO THE WEST MARGIN OF 18TH STREET;
THENCE ALONG SAID WEST MARGIN SOUTH 00 11' 34" WEST, 692.06 FEET TO THE NORTH MARGIN OF
CENTENNIAL BOULEVARD; THENCE LEAVING SAID WEST MARGIN AND RUNNING ALONG THE NORTH
MARGIN OF CENTENNIAL BOULEVARD THE FOLLOWING FOUR (4) COURSES: 1) NORTH 890 49' 36"
WEST, 252.70 FEET; THENCE 2) ALONG THE ARC OF A 1708.48 FOOT RADIUS CURVE TO THE RIGHT,
THE CHORDS OF WHICH BEARS NORTH 860 19' 36" WEST, 208.60 FEET, A DISTANCE OF 208.73 FEET;
THENCE 3) ALONG THE ARC OF A 2317.33 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH
BEARS NORTH 860 19' 36" WEST, 282.94 FEET, A DISTANCE OF 283.12 FEET; THENCE 4) NORTH 890
49' 36" WEST, 5.42 FEET; THENCE LEAVING SAID NORTH MARGIN RUN NORTH 0010' 24" EAST, 14.34
FEET TO THE POINT OF BEGINNING, IN SPRINGFIELD, LANE COUNlY, OREGON.
PARCEL II:
BEGINNING AT A POINTON THE SOUTHEASTERLY MARGIN OF MOHAWK HIGHWAY, SAID POINT BEING
NORTH 890 44' 15" WEST, 110.08 FEET FROM THE NORTHEAST CORNER OF BLOCK 6 OF MOHAWK
FIRST ADDmON, AS PLATTED AND RECORDED IN BOOK 15, PAGE 23, LANE COUNlY OREGON PLAT
RECORDS; AND RUNNING THENCE ALONG SAID MARGIN, NORTH 290 13' 07" EAST, 195.33 FEET;
THENCE LEAVING SAID MARGIN RUN SOUTH 890 48' 27" EAST, 455.08 FEET TO THE WEST MARGIN OF
18TH STREET; THENCE ALONG SAID WEST MARGIN SOUTH 0011' 34" WEST, 273.00 FEET; THENCE
. LEAVING SAID WEST MARGIN RUN NORTH 89048' 26" WEST, 34.65 FEET; THENCE SOUTH 58049"12"
WEST, 25.85 FEET; THENCE NORTH 890 53' 24" WEST, 152.99 FEET; THENCE NORTH 740 28' 08"
WEST, 62.15 FEET; THENCE SOUTH 700 06' 00" WEST, 30.02 FEET; THENCE NORTH 89046' 30" WEST,
141.99 FEET TO THE EAST LINE OF SAID BLOCK 6; THENCE ALONG SAID EAST LINE NORTH 00 13' 30"
EAST, 109.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 6; THENCE NORTH 890 44' 15"
WEST, ALONG THE NORTH LINE OF SAID BLOCK 6, 110.08 FEET TO THE POINT OF BEGINNING, IN
SPRINGFIELD, LANE COUNlY, OREGON.
PARCEL III:
Arst American Title
3-13
BEGINNING AT THE STONE MARKING THE SOUTHEAST CORNER OF THE A. M. POWERS DONATION
LAND CLAIM NO. 69, TOWNSHIP 17 SOUTH RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE, .
NORTH 890 48' 27" WEST 1449.97 FEET ALONG THE SOUTH LINE OF SAID DONATION LAND CLAIM NO.
69 TO A POINT; THENCE, NORTH 00 13' 30" EAST 99.15 FEET TO AN IRON PIPE MARKING THE INmAL
POINT OFMOHAWK FIRST ADDmON ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15,
PAGE 23 OF PLATS OF THE RECORDS OF LANE COUNTY,OREGON; THENCE, NORTH 89041' 53" WEST
..308.64 FEET TO THE TRUE POINT OF BEGINNING: THENCE, NORTH 89041' 53" WEST 200.00 FEET
. ~ ALONG THE SOUTH LINE OF BLOCK 6 OF SAID PLAT TO AN IRON PIPE SET ON THE EASTERLY MARGIN
OF MOHAWK HIGHWAY; THENCE, NORTH 29013' 07" EAST 165.00 FEET ALONG THE EASTERLY
.. MARGIN OF MOHAWK HIGHWAY TO A POINT; THENCE, SOUTH 700 22' 19" EAST 135.00 FEET TO A
POINT; THENCE, SOUTH 40 24' 51" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING IN
SPRINGFIELD, LANE COUNTY, OREGON.
. ALSO:
BEGINNING AT A POINT BEING NORTH 89041' 53" WEST 308.64 FEET AND NORTH 40 24' 51" EAST
100.00 FEET FROM THE INITIAL POINT OF MOHAWK FIRST ADDmON, AS PLATTED AND RECORDED IN
BOOK 15, PAGE 23, LANE COUNTY OREGON PLAT RECORDS, BEING IN TOWNSHIP 17 SOUTH, RANGE 3
WEST OF THE WILLAMETTE MERIDIAN; RUN THENCE NORTH 40 24' 51" EAST 4.15 FEET; THENCE
NORTH 700 22' 19" WEST 133.24 FEET TO THE EASTERLY LINE OF MOHAWK HIGHWAY; THENCE
ALONG SAID EASTERLY LINE SOUTH 290 13' 07" WEST 4.06 FEET;THENCE LEAVING SAID EASTERLY
LINE SOUTH 700 22' 19" EAST 135.00 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY,
OREGON.
Tax Parcel Number: 0212033 and 0212074 and 0212124
First American Title
3-14
TO HAVE AND T~ HOLD th~ said premises. with their 'appurtenances unto the said GranteeS.
i ~s suc?essors Xe:iz3c and asSIgnS forever. And the said Grantor s do hereby covenant to and
wIth the sald.Grantee ,that they are the Owner s in fee simple of said remises' that t e
free from all mcumbrances. except the lien of taxes for the ye~r 1962-63. h yare
and that they will warrant and defend the same from all other
lawful claims whatsoever,
Dated: August 1.1962
"";-.\
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(SEAL)
(SE~L)
(SEAL)
.':", ~ \
STATE OF OREGON, COUNTY OF L\NE, ss: ....';"'::/
On this SIr( day of Augu\t 1962 '. ~ :;.5
personallr. c,ame before me, a Notary PubIiclD and for said ,,' ,,-::;
county, the within named Harlan E. \carter' . ]r~-.;
an~ H,~~~I]' Y'.:; Carter. hUS~hd and ; ~'," ~,5:]
)V'~~~~ T I c;;."',":-: \ I " .!! Qj_: ~
.t~~il.'f''''''~Ari~ to be tbe identicalpel:son S de. .~ ,. t.l"_.
!'xi_b..lldli._iii)l1ji;l'.::~<e~euted the within instrurh.ent, and ;\ \ i~:S~
:'aCl(If'l;witmlf dy.~<l\~t they executed th\ame I L' g ~"S:;;
~fr~l ~ 1!.~""~rj;r. fi!:t' the uses and })Urposes herein '~t.I g ~~
~~ U C'?:*~ ~ g~.rS
~ :and3;eal this day and year last a ave' I e Q l e
% ". .....~,..{ \ !s t~.gri
", -f;>-~ .......' ~ . \ .oJ .. _ ,~
'''II,f.; OF \,' ... 0.... III S-=-_
""lit f1)'\ ~ I _ Q €~ ;: ~
Notary Public for Oregon. C).to . C) ~ a
: :;g ....;g:g~
'fI)CJ '"Q ~.5
T,'LE A~9R~eor-EJ~~PANY, EUGENE OA'!:OON
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3-15
Exhibit (
541 485 0307 . P.23
r
DIVISXON O~ CHIEF DEPUTY CLERK
LANE COUNTY DEEDS AND RECORDS
----.,'
11111 II 111111I1111111I111111 "/fII/111I
e~e094012e00e132700! .
2000081327 2:50:57 P" 01/10/2000
RPR DEED 1 - I CASHIER Ill!
215.03 U.M Ul.llIA
46,00
After Recording Return to:
UutiJ a change is n:qaestcd all tax statements
sball be sent to the following address:
John C. Watkinson . .
Watkinson LaW Rubenstein Lashway &: Baldwin, P.C.
101 East Broadway. Suite 101
Eugcne,OR 91401-3114
,.
WARRANTY DEED - STATVrORY ~
i
McKay Investment Company, aka McKay Investment Co,) a partnership,Grantor,conv(,ys and
warrants to McKay Investment Company. LLC, an Oregon limited liability. Grantee. the following
described real property free of encumbrances except as speei:6cally set forth herein:
Legal description on attached Exhibit A
Subject to: Reservations.' rights-of-way, easements, conditions and restrictions of record,
leasehold int(,J"ests, and monetary encumbrances suffered or created by Grantor.
nns INSTRUMENT WILL Nor Al.1.OW.\JSE OF THE PROPERTY DESCRlBED IN. nns
INSTRUMENr IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING TInS INSTRUMENT. 1HE PERSON ACQUIRING FEE
TlTLETOTHEPROPERTY SHOULD CHECK wrmnm APPR.OPRIATE CITY ORCOUNIY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
LIMITS ON LA WSUITSAGAINSTFARMlNGORPORESTPRACTICES AS DEFINED lNORS
. 30.930.
The liability and obligations of Grantor to Grantee and Gnntee's successors and assigns under the
warranties and covenants contained herein or provided by law shall be limited to the amount. nature
and terms of any right of indemnification ayailable to Grantor under any title insurance policy, and
Grantor shall have no liability or obligation except to the extent that reimbursement for such liability
or obligation is available to Grantor under any such title insurance policy. The limitations contained
herein expressly do not relieve Grantor orany liability or obligations under this instrument) but merely
define the scope, natur~ and amount of such liability or obligations.
The true consideration for this conveyance is other than money.
Warranty Deed - 1
S:\M'MCKA"ilc.LLC\8~IJ.CF.Dc&1wpd
. . _' I' ..
3-16
~l~~(
J. D gJasMcKa.... ........
~.~~Wvi
tin . McKaYKort~. .. . ........ .... ...
. P.24
County of Lane
. . .
. .~ instrument was ackt10wledged before me this ~day of January, 2000 by 1. Douglas
McKay and Linda McKay Korth as authorized partnefS ~ay Investment Company. .
0fR:W.8EAL
'TRACy A. KeU.OGG
. II)TMYPuSLlC-OREGOiI
COOJSmN NO. 069340
EXPlIlB NOV. f$ zaou
. ...;,.:.ot;
Warranty Deed ~ 2
{{tI.iJJJ ~
Notary Public or Oregon I \
My Conunission Expires: I 13 au
3-17
" '.
PARCELl: .
Beginning at a point on the SoUth line of the A M Powers Donation Land Claim No. 69. Township
17Soutb, Range 3 West of the WillametteMeridian, 1450.7 feet North 89057' West of the Southeast
comer thereof, then North Oll 03' East 287.16 feet; thence South 890 57' East 465.3 feet; thence
South 00 03' West 287.16 feet; thence North 896 57' West 465.3 feet to the place of beginning. in
Lane County, Oregon .
EXCEPT that portion described indeed to the City ofSpringfleld recorded July 25, 1957, Reception .
No. 18049, Deed Records ofI..ane County, Oregon. . .
ALSO EXCEPT that portion descn'bed in deed to the City of Springfield, reCorded November I,
1971, Reception No. 70906, Official Records oCLane County, Oregon.
TOGETIIER WlTI:I that portion of vacated Centennial Boulevard which would inure to said parcel
in accordance to law, as vacated by Vacation Ordinance No. 1808, recorded November 22, 1963,
.. Reception No. 34155, Deed Records of Lane County, Oregon.
EXCEPT that portion de:scn"bed in deed to the City of Springfield recorded June] I, 1963, Reception
No. 13833, Deed Records of Lane County, Oregon. .
PARCEL ll;
Beginning at a point which is North OD 03' East 433.89 feet from a point On the South line of the
AlbansoQ M. Powers Donation Land Claim No. 69, Township 17 South. Range 3 West of the
Willamette Meridian, which last mentioned point is 1450.7 feet North 890 57' West from the
F Southeast corner of said claim, from said beginning point run North 0003' East 586.93 feet; thence
South 890 57' East 465.3 feet; thence South 00 03' West 586.93 feet; thence North 890 57' West
465.3 feet to the place ofbegiMing, in Lane County. Oregon.
EXCEPT: Beginning at a point on the Easterly margin of Mohawk Highway, said point being North
89c 44' 15" West 110.08 feet and North 290 13' 7" East 145.31 feet from the Northeast comer of
Block 6, MOHAWK FIRST ADDITION as platted and recorded in Book 15, Page 23, Lane County
Oregon Plat Records; thence along the said Easterly margin North 29" 13' 7" East 50 feet; thence
. leaving said Easterly margin South 890 48' 27" East 100 feet; thence parallel with said Easterly
margin South 290 13' 7. West 50 feet; thence North 890 48' 27" West 100 feet to the point of
beginning, in Section 25, Township 17 South, Range 3 West of the WllJamette Meridian in Lane
. County, Oregon.
ALSO EXCEPT that portion described in deed to the City of Springfield recorded February 20, 1959,
Reception No. 60561~ Deed Records oftane County, Oregon. .
PARCEL ill:
Beginning at a point North 890 57' West 1450.7 feet and North 0003' East 850.00 feet from the
Southeast comer of the A M.Powers Donation Land Claim No. 69 in Township 17 South. Range
EXHlBO' A
Page 1 of 3 pages
La:
., ...... -- '_:.", . ..
. ..... ~~", .. 1-'~_4' ~ .":':':'<~.:.l,-':t . ...,,_.......,. .
3-18
3 West; run then<<l North 00 OJt,East 170.4 feet; thence North 890 57' West 14.75 feet to the
Southeasterly line of the County Road; thence along said line of County Road South 290 O~ West
194. 97 feet~ thence South 890 57' East 109.6 feet to the point ofbeginning. in Lane County, Oregon.
. .
.. . '. . . '. .
. . .
. . .
.. . EXCEPT: Beginning at a point on the Easterly margin ofMobawk Highway,. said point being North
89044' 15" West 110.08 feet and North 29Cl 13' 7M East 145.31 feet from the Northeast comer of
Block 6. MOHAWK FIRST ADDmON, as platted and recorded in Book 15, Page 23, Lane County
Oregon Plat Records; thence along the said Easterly margin North 290 131 7"East 50 feet; thence
. leaving said Easterly margin South 896 48' 27. East 100 feet; thence parallel with said Easterly
margin South 290 13' ?"West 50 teet; thence North 89D481 27" West 100 feet to the point of
. . beginning, in SeCtion25, Township 17 South, Range 3 West oftheWillamette Meridian in Lane .
County, Oregon. .
. PARCEL IV:
. .. Beginning ata point NorthOll 03' East 287.16 feet and 1450.7 feet North 890 57' West of the
Southeast corner of the A M. Powers Donation Land Claim No. 69. Township 17 South, Range 3 .
West ofthe Willamette Meridian; thence North 0003' East 146.73 feet; thence South 890 57' East
465.3 feet; thence South 00 03' West 146.73 feet; thence North 890 57' West 465.3 feet to the place
of beginning, in Lane County, Oregon.
. EXCEPT that ponion described in deed to the City of Springfield, recorded July 20, 1959, Reception
No. 60561, Deed Records of Lane County, Oregon. . . .
. .
PARCEL V:
All of Block 6 in the MOHAWK FIRST ADDITION to Springfield, Oregon.
. ALSO that portion of vacated Centennial Boulevard which would inure to said parcel in accordance .
to Jaw, as vacated by Vacation Ordinance No. 180S, recorded November 22, 1963, Reception No.
34155, Deed Records of Lane County. Oregon.
EXCEPTING THEREFROM: BegiMing at the Northeast comer of Block 6, MOHAWK FIRST
ADDITION to Springfield, as platted and recorded in Lane County Plat Records~ run thence North
89045' 3011 West 93 feet; thence South 290 13' West 150 feet parallel with and along the Mohawk
Highway; thence South 89D 45' 30" East to a point which is South oa ]3' 30" West below the point
of beginning; thence North 00 13' 30" East to the place of beginning, in Lane County, Oregon.
ALSO EXEPT: Beginning at the stone marking the Southeast corner of the A. M. Powers Donation
Land Claim No. 69, Township 17 South, Range 3 West oftbe Willamette Meridian; thence North 890
.48' 27" West 1449.97 feet along the South line of said Donation Land Claim No. 69 to a point; thence
Nonh 00 13' 30" East 99.15 feet to an iron pipe marking the Initial Point of MOHAWK FIRST
ADDITION according to the plat thereof recorded in Volume IS, Page 23 of plats of the Records
of Lane County, Oregon; thence North 890 41' 53" West 308.64 feet to the TRUE POINT OF
BEGINNING; thence Nortb 890 4]' 53" West 200.00 feet along the South line ofBlock 6 of said plat
to an iron pipe set on the Easterly margin of Mohawk Highway; thence North 290 13' 07" East
16S.00 feet along the Easterly margin of Mohawk Highway to a point; thence South 100 22' 19" East
EXHIBIT A
Page 2 of 3 pages
l.CF
i...
." ..'~" '.'
3-19
. 135.00 teet to a point; thence South 4024' 51" West 100.00 feet to the true point ofbegirining in
. Springfield, Lane County, Oregon. . . . . .
· ALSO EXCEPT: Beginning at a point bclng North 89041' 53" West 308.64 feet and North 4024'
51" East l00.00feet from the Inidal Point of MOHAWK FmST ADDITION, as platted and
recorded in Book 15, Page 23, Lane County Oregon Plat Records. being in Township 17 South,
Range 3 West of the Willamette Meridian; run thence North 4024' 51" Ea.st 4.15 feet; thence North
70022' 19" West. 133.24 feet to the Easterly line of Mohawk Highway; thence along said Easterly
line South 290 13' 07" West 4.06 feet; thence leaving said Easterly line South 700 22' 19" East .
135.00 feet tome Point of Beginning, in Lane County, Oregon. ... .
ALSO EXCEPT: Beginning at a POint 10 feet South 290 13'West of the point ofiniersection of the
Easterly right-of..way line of Mohawk Boulevard and the prolongation of the Northerly right-of-way
line of"M"Street, said point of beginning being South 290 13' West 333.7 feet from the Northwest
.. comer of Block 6, MORA WK FIRST ADDITION, as platted and recorded in Book 15, Page 23,
Lane County Oregon Plat Records; ihence South 600 47' East 85.0 feet; thence North 740 13'East
14.14 feet; thence South 600 47' East 5.0 feet; thence South 290 13' West 80.0 feet; thence North
60047' West S.O feet;thencc North 15047' West 14.14 feet; thence North 60047' West 85.0 feet;
.. thence North 29" 13'.East 60.0 feet to the point of beginning in Lane County, Oregon. .
ALSO EXCEPT: Beginning at a point 10 feet North 290 13' East ofthe point of intersection of the ..
Easterly right of way line of Mohawk Boulevard and the prolongation of the Southerly right of way
line of"M" Street, said point of beginning being South 290 13' West 393.7 feet from the Northwest
corner of Block 6, MOHAWK FIRST ADDITION. as platted and recorded in Book ]5, Page 23,
Lane County Oregon Plat Records; thence South 600 47' East 60.0 feet; thence South 290 131 West
100.0 feet; thence North 6OD47' West 60 feet; thence North 290 13' East 100 feet to the point of
beginning, in Lane County, Oregon.
f:;.
ALSO EXCEPT: Beginning at a point being South 290 13'West 393.7 feet and South 600 47' East
60.00 feet from the Northwest corner of Block 6) MOHAWk FIRST ADDmON, as platted and
recorded in Book 15, Page 23, Lane County Oregon Plat Records; thence South 600 47' East 25 feet;
thence South 150.47' East 7.07 feet; thence South 29D 13' West 95.00 feet; thence North 60047'
West 30.00 feet; thence North 290 13' East 100.00 feet to the Point of Beginning, in Lane County,
Oregon.
PARCEL VI:
Beginning at a point on the Easterly margin of Mohawk Highway, said point being North 89~ 44' IS"
West 110.08 feet and North 290 13' 7" East 145.31 feet from the Northeast comer of Block 6,
MOlIA WK FIRST ADDITION, as platted and recorded in Book 15, Page 23, Lane County Oregon
Plat Records; thence along the said Easterly margin North 290 13' 711 East 50 feet; thence leaving said
Easterly margin South 890 48' 27" East 100 feet; thence parallel with said Easterly margin South 29 D
13' 7" West 50 feet; thence North 89" 48' 27" West 100 feet to the point ofbeginnmg. in Section 25,
Township 17 South, Range 3 West of the WiJlamette Meridian in Lane County, Oregon.
EXHIBIT A
Page 3 of3 pages
LCF
3-20
TOTAL P.27
OPERATING AGREEMENT
of
McKAY INVESTMENT COMP ANY,LLC,
an Oregon Limited Liability Company
1. Douglas McKay, Linda McKay Korth,
Tracie A. McKay Shojai, Kelly Korth Thakkar,..
Amy L.McKay Romero, Kimberly KorthWilliams
and Steven James Korth
(Sometimes referred to herein individually as a "member"
or collectively as "members")
RECITAL
EFFECTIVE
DATE:
January 1 , 2000
A. The parties are currently conducting operatiorisas a partnership, under a partnership
agreement dated October 25, 1997 (Partnership). The Partnership is engaged in the business of
acquiring and managing real property for investment purposes under the name McKay Investment.
Company, an Oregon general partnership. The parties now wish to convert their partnership to a.
limited liability company, under the Oregon Limited Liability Company Act (Act).
B. The members intend that this conversion shall be treated as a tax-free exchang~ under S721
of the Internal Revenue Code of 1986, as amended (Code), that is not considered a taxable sale or
exchange under Code S708 and will not result in a termination of the Partnership for federal income
tax purposes.
C. To convert the Partnership into a limited liability company, each of the members will
contribute his or her respective interest in the Partnership to the Company on the Effective Date in
exchange for an interest as a member of the Company. After this conversion, each member's interest
in the profits and losses and capital of the Company will be the same as the member's prior interest
in the profits and losses and capital of the Partnership, and the business of the Partnership will
continue to be carried on by the Company.
D. The Partnership was formed and the Company will continue to be operated for the purposes
of: (i) owning and managing the property described on attached Exhibit A (Property); (ii) aggregating
the assets of the members for efficient investment; (iii) facilitating the administration of the Property;
(iv) providing an efficient method of transferring interests in the Property; (v) protecting the business
of the Company and the Property from being disturbed by the members and their creditors, except
McKay Investment Company, LLC,
Operating Agreement - 1
S:\M\MCKA YIC.LLC\Business\OP3.AGR.wpd
3-21.
COREY S. DINGMAN
JASEN D. HANSEN
ASSOCIATES
mOMAS S. MORGAN
ALAN CLARK
, DAVID 1. CELLERS
. LEAH CARTER
CLINT BECRAFT
RICHARD ].DUNCAN;MAl, SRA
. September 19,2006
OF COUNSEL
JOHN H. BROWN, MAl
RE: Mohawk Property
Springfield, OR
McKay. Investment Company, LLC
.2350 Oakmont Way, Suite 204
Eugene, OR 97401
Dear Ms. Korth -
. This letter is in response to our recent conversation regarding the approximate 9 acres as
referred to above that is located adjacent to the Bi-Mart property on Mohawk Blvd. in
Springfield. You were interested in my input concerning any potential loss of value due
to the change in zoningfrom Major Retail Center to Mixed-UseCommercial.
As a basis for discussing loss, the $5,600,000 offer you have on the property would seem
to be a good starting point as a basis of the' value of your property "as vacant" under its
prior zoning of MRC, which I understand would have to be the~.zoning for this buyer. The,
rezone of properties to Mixed-Use Commercial under the Springfield code is somewhat
similar to that in the Eugene code. Although Mixed Use zoning has occurred, both
communities are having difficulty attracting redevelopment into these mixed-use areas.
The main problem is the high cost that is incurred in this type of development. Mixed use
developments have not been shown to be financially feasible in either community. Mixed
use commercial development may be successful at some point in the future, but to date
mixed use projects are generally untested. I have had discussions with several developers
who have tried to develop projects that fit within these mixed:,use areas. To date all have
said that without major subsidies the projects simply do not "pencil out". The main
reason is because of the high increase in development costs that do not return a
significant amount of income to cover the cost. The building and site cost components for
development are the most difficult to control, because there are so many different
building elements that are brought together. In most situations where these projects have
been "successful", either land is acquired at a very low cost and/or there are government
subsidies or abatements that allow for .an increased cash flow, or reduced cost; usually
occurring when land is given or sold cheaply. A great example of that currently is the old
Sears site in Eugene, in which the City is looking to offer the property at a nominal price
simply to attract a mixed-use project. After reviewing the Springfield development code
1260 CHARNELTON STREET, EUGENE, OREGON 97401
(541) 687~1938/683-3400 FAX (541) 683-0932 info@duncanbrown.com
ROSEBURG, O~~ (541) 673-3300
. .
and other proposed projects, it would seem that a large reduction in the value of the land
would be required before a project might be successful. .
After reviewing the information on mixed-use projects, it's evident that likely the highest
. and best use of the property is as it currently exists, because the return to value based on .
current income exceeds the value of the "mixed use zoned" land "if vacant" if a new
project is required to be a mixed-use development (as discussed above). Truly, if
. someone is to buy today under the current zoning, that buyer would look to the existing
property and its current income stream as the basis of value. I do not believe a buyer
today would add value with the hope that at some unknown future date the property could
be redeveloped. I would venture to say that, at this point, the Mohawk area of Springfield
. is one of the less desirable locations for a mixed-use project. The economics and
demographics of some of the other mixed-use areas in Eugene-Springfield would likely.
better afford an opportunity for a more successful project.
'n ,
.' . :
Since the conclude Highest and Best Use of the property currently is as it exists, a simple
income approach.will offer a general value range for the property. A typical buyer would
expect a property .of this caliber to be purchased for an overall rate in the .075 to .080
.. .. range. Based on a review of the property's 2005 andyear-to-date 2006 income and
expense information, the expected net operating income (NOI) would be about $275,000
. to $300,000. Based on the above discussed overall rates and expected NOI, the current
value of the property based on its income/expense data is well below the current offer of
$5,600,000.
Hopefully this information will help in your decision as to how to best work with that
property.
Respectfully Submitted,
WuiA
Richard J. Duncan, MAl, SRA
Duncan & Brown
3-23
Mr. James Spickerman
Gleaves, Swearingen, Potter & Scott, LLP
975 Oak Street, Suite 800
Eugene, OR 97401
. Dear Jim:
I have reviewed the letter that Rick Duncan has written and wish to offer some
supporting evidence of loss of value. The imposition of the MUC zone makes the
property unusable for its highest and best use, which is for a major retail format anchor
store. This use is consistent with the owner's present offer of $5,600,000.
If this property is sold as-is, with the MUC zoning in place, we would have to capitalize
the existing net operating income of approximately $300,000. The capitalization rate
would be heavily weighted by the physical and functional obsolescence of the present
improvements, the short-term nature of most of the leases, and the fact that the property
is contaminated and subject to a DEQ clean up. A market rate cap without these factors
would be approximately 7.5%. With these mitigating factors, I believe that the
appropriate cap rate would be between 9.5% and 10%, say 9.75%. This results in a
value of $3,077,000. Therefore the"!oss in value is $2,523,000.
You have asked me for an opinion about the lossin value associated with Site Review.
This is a more difficult task as there is a great deal of subjectivity involved but I will
attempt to quantify for you as best I can. For a major format retailer to prepare the
submittals necessary for site review, an applicant can expect to pay at least $300,000 in
professional and City fees associated with a complete submittal, and expect that it will .
. add at least six to ten months to the project between the time getting to completeness
and the one hundred and twenty day period in which the City has to respond. If we
assume an implicit cost of funds of 9% and split the range in time and say eight months,
then the loss of value associated with the time this adds to the project is $378,000.
If I can be of further assistance, please do not hesitate to ask.
Sincerely,
c:u.-- E- t/~
Alan Evans
101 East Broadway
Suite 10 1
Eugene, OR 97401
TEL: (541) 345-4860
FAX:. (541 )345-9649.
3-24
LO
N
I
M
fV of Springfield Official Receipt
. b\Cvelopnient Services Department
Public Works Department
225 Fifth Street
Springfield, Oregon 97477
541-726.,.3759Phone
1:42:20PM
.. Job/Journal Number.
LRP2006-00033
Amount Due
500.00
$500.00
Payments:
Type of Payment
Check
Received By
Authorization
Number How Received
Paid By
Amount Paid
OAK LEAF PROPERTY MGMT emm
8744
$500.00
$500.00
..1~'
cReceintl
Page 1 of 1
3-26
12/1/2006
HAND DELIVERED
March 23, 2007
Mark Metzger
~lanner Supervisor
Development Services. .
City of Springfield
225 Fifth Street
Springfield, OR 97477
Re: Ballot Measure 37 Demand Application No. LRP 2006-00033
Claimant: J. Douglas McKay/linda McKay Korth/McKay
Investment Company, LLC
Dear Mr. Metzger:
This will address the Application COI?pleteness Review wherein it was
indicated additional items were necessary for a complete Measure 37
application.. While noting that many of the requirements of
Springfield's ordinance are not requirements of Ballot Measure 37,
therefore, not necessary for a valid claim, those items~ill be
addressed herein.
Paragraph 3. A title history as part of the title report.
As indicated in the submittal of December 1, 2006, the subject
property was conveyed by McKay Investment Company, aka McKay
Investment Co., a Partnership, to McKay Investment Company, LLC,
by warranty deed on January 1, 2000. While the claimant believes the
"date of ownership" for purposes of a Measure 37 claim would
commence in 1962, when the partnership first C9.me into ownership of
the property, this claim only seeks waiver of land use regulations
imposed since the January 1, 2000 date. .
The title report clearly shows McKay Investment Company, LLC
remains in title to the property. Attached hereto as Exhibit 1 is a
listing kit from Cascade Title Co. which sets forth the last date of
transfer on the fourth page of that listing kit and contains, as part of
the kit, the last deed of record, the deed conveying the property from
the partnership to the LLC.
.RECEP,'."';~I)
R 'u :l '.i IUOl
'lAj~r\ .J <) . ~ '
ATTACHM NT
4-1 lEY:
~
. ,.. ",' ..
,I, ~
'~~GteaJes:: .':
"Sweari~gm,. '.'
..., Potter. .&.:: ..,
Scott~p >':$~
~r
..~22.',' y-
.:~~~.<., ,.
Phone.
(541) 686-8833
Fax.
(54 J) 345-2034
975 Oak Street
Suite 800
Eugene, Oregon
97401.3156
Mailing Address:
P.O. Box 1147
Eugene, Oregon
97440-1147
Email:
info@gleaveslaw.com
Web.Site.
www.gleaveslaw.com
FrederickA Batson
Jon V Buerstatte
Joshua A Clark
Daniel P Ellison
A J. Giustina
Thomas P E. Herrmann'
Dan Webb Howard
Stephen O. Lane .
William H. Martin'
Walter W Miller
Laura T Z. Montgomery' .
Tanya C O'Neil
Standlee C. Potter
Martha J. Rodman
Robert S. Russell
Douglas R. Schultz
Malcolm H. Scott
James W Spickerman
Kate A. Thompson
Jane M. Yates
'Also admitted
in Washington
Mark Metzger
Planning Supervisor
March 23,2007
Page 2
Paragraph 4. All of the specific code sections that are believed to be
relevant to the claim.
In Article 40 of the Springfield Development Code, Springfield Mixed-
Use Zoning Districts, all sections pertaining to the MUC Mixed-Use
Commercial District.
Article 41 Nodal Development Overlay District (INDO).
Paragraph 6. A statement addressing the Demand Criteria.
The demand criteria are addressed as follows:
(a) The City has either enacted or enforced a land use regulation
that restricts the use of private real property or any interest
therein.
On November 7,2005, the Cityof Springfield adopted Ordinance 6145,
which applied the Mixed-Use Commercial zoning designation and the
Nodal Development Overlay district to the subject property. These
zoning districts imposed restrictions requiring mixed use,pedestrian
oriented development which are inconsistent with the demographics of
the area and result in h.igh cost of development. Mixed-use
development would not be financially feasible at this site. The
ECONorthwest report, Appendix C of the Mohawk Boulevard Specific
Development Plan, bears out the fact that the economic profile of this
area limits the potential of market forces to generate the substantial
redevelopment contemplated by the MUC and nodal designations.
(b) The restriction on use has the effect of reducing the fair market
value of the subject property or any interest therein.
For the reasons above and as stated in the appraisals submitted as
Exhibits E and F of the claim, the restrictions do have the effect of
reducing the fair market value of the subject property.
(c) The identified land use regulation was enacted, enforced or
applied after the current Owner of the property became the
Owner.
The regulations sought to be waived were imposed on November 7,
2005, a date subsequent to the commencement of ownership.
4-2
Mark Metzger
Planning Supervisor
March 23, 2007
Page 3
(d) The identified regulation.is not an exempt regulation as defined
in SMC Section 2.920(4).
a. The regulations do not prohibit activities commonly known .
and historically recognizes public nuisances under common
law, Springfield Municipal Code or the criminal laws of the
State of Oregon and the City of Springfield. The regulations
are land use regulations intended to guide the type of
development on the site.
b. The regulations do not restrict or prohibit activities for the
..protection of public health and safety.
c. The regulations are not required in order to comply with
federal law. .
d. The regulations to be waived do not restrict or prohibit the
use of the property for the purpose of selling pornography or
performing nude dancing.
e. The regulations sought to be waived were not applied to the
subject property prior to acquisition of the property by the
Owner.
Paragraph 7. An appraisal to justify the Claim.
Appraisals to justify the Claim were attached to the original demand
for compensation under Ballot Measure 37 as Exhibits E and F. The
appraisals were submitted to comply in full with the requirements of
Ballot Measure 37.
With regard to the ordinance requirement that the appraisals
expressly consider the effect of Ballot Measure 37 on the availability of
other real property, such a consideration is irrelevant to the
considerations here. The situation is unique in that it involves a large,
partially vacant, underutilized tract of property previously designated
MRC Major Retail Commercial district that has been restricted by the
imposition of the MUC district and INDO, Nodal Development Overlay.
To our knowledge, few Measure 37 claims have been filed in the City of
Springfield and none of those filed would make available a large tract
of commercially zoned property, such as this site.
4-3
.. Mark Metzger
Planning Supervisor
March23,2007
Page 4
"Paragraph 8. Anyadditional documentation applicable to the
property.
Attached as Exhibit 2 is the title report with copies of documents
referenced in the title report.
As is apparent, none of the encumbrances affects the present value of
the land with the 2006 land use regulations in place, as compared to
the previous value, prior to imposition of new land use regulations.
The same encumbrances existed before and after imposition of the
land use regulations, therefore, the encumbrances are of no effect for
purposes of evaluating this claim.
Paragraph 9. Written permission for staff to access the property.
Attached as Exhibit 3 is written permission for staff to access the
property which, in any event, has unrestricted access.
Paragraph 11. A statement regarding exempt land use regulations.
This statement has been set forth above at paragraph 6(d).
On behalf of the client, we ask that the application be deemed
complete and the time line resumed.
ou have any questions.
Attachments: Exhibits 1-3
Jca
cc: Steve Korth(w 10 attachments)
. J. Douglas McKay (w/o attachments)
Linda McKay Korth (w 10 attachments)
Joseph J. Leahy (wi attachments) .
4-4
AUG-24-2006 16:35.
Exhibit 1
LANE COUNTY REGIONAL LAND INFORMATION DATABASE
. Site Address: 1650 CfNTENNIALBLVD
Map & Tax Lot #: 17-03-25-34-03900 ..
b & T Account #: 0212033
[ Convert to ~qF Docul1),en,t
~qi~llnterest Code:
r
: Tax Map::~::I' [
, .0. . .
Detail Map
~,
Vi.ew Tax Map J
Vicinity Map
)
I ,-'
I _.
X-Coord: 4263959
Site Address Information
House Suffix Prediro
1650.
Site Address State Plane Coordinates
y -Coord: 880994
Mailing City
SPRINGFIELD
Create Date: 1984-02-10
Land Use
Street Name
CENTENNIAL
State
PostDir.
Street Type
BLVD
Zip+4
3362
Unit Type Unit
OR
Zip Code
97477
Update Date:
Carrier Route
C013
Land use. in/ormation has not been field veJifili'o.
land Use Code and Description:
Use Code and Description:
Zoning
Code:
5410
R
Description:
GROCERY STORES, WIlli OR WITHOUT FRESH ME
RETAIL
Zoning Jurisdiction:
Parent Zone 1:
Boundary Information
General
Incorporated City Limits:
Urban Growth Boundary:
Fire Protection Providers:
Plan Designation:
Node:
2000 Census Tract:
2000 Block Group:
Year Annexed:
Annexation #:
2004 Transportation Analysis
Please verify zoning Information with local jurisdIction. L,me County overlay lones lire not currenUy
shown in RLiD.
Code:
SPR
MUC
Description:
SPRINGFIELD
MIXED USE COMMERCIAL
Please verify boundary information with local jurisdiction.
SPR
SPR
SPRINGFIELD
SPRINGFIELD
B
Y
3400
~
194$
NODAL DEVELOPMENT
MOHAWK NO
44
4-5
Emerald People's Utility District:
Soil Water Conservation
District:
Soil Water Conservation District 0
Zone:
Political Districts
Election Precinct
County Commissioner District
County Commissioner.
State Representative District:
State Representative Name:
City Council Ward:
City Councilor Name:
State Senate District:
State Senator:
LCC Board Zones:
EWES Commissioner District:
Lane County Assessor's Office I Account Number: 02120331
Property Owner
Owner1 Name: MCKA Y INVESTMENT CO LLC
Owner Address: 2350 OAKMONT WAY STE 204
AUG-24-2006
Zone:
Approximate Acreage:
Approximate Square Footage:
Environmental Findings
Metro Flood Hazards:
Metro Wetlands:
FEMA Flood Hazard Zones
FIRM Map Number:
41039C1161F
Code:
X
Soils
Soil Map Unit Number:
32
6
119
Schools
District
Elementary. School:
Middle School:
High School:
Service Districts
L TD Service Area:
L TO Ride Source: .
Ambulance District:
541 485 0307
P.02
13.85
603,306
Please varn'yenvironmental information with local iuri$dictlon.
Nole. Some parcels may extend onto adjacent FIRM maps. Re\listration between parcel boundllrie~ and
flood nazar('j zones i$ apprOlCimllte. Community numbGrs Me based on the current city limits and may not
reflect boundaries at the date of map publication. Consult FIRM maps or appropriate authonty.
Community Number: Post - FIRM Date: Panel Printed? (Y/N):
415592 1985-09-27 Y
Description:
Areas detennined to be outside of 500-year flood.
Soil Type Description:
COBURG-URBAN LAND COMPLEX
.. AWBRIG-URBAN LAND COMPLEX
. SALEM-URBAN LAND COMPLEX
Percentage
of Tax Lot:
54
31
15
Code:
19
255
584
664
Name:
SPRINGFIELD
MAPLE
SPRINGFIELD
SPRINGFIELD
YES
YES
EC Area: EAST/CENTRAL
Provider. SPRINGFIELD DEPT OF FIRE &
, LIFE SAFETY
EAST LANE
102304
2
BILL DWYER
12
E. TERRY BEYER
SP3
ANNE BALLEW
6
WILLIAM MORRISETTE
3
SPRINGFIELD
Map & Tax Lot: 17-03-25-34-03900
4-6
AUG-24-2006 16:35
Annee Devereaux
.541485 0307
P.03
City
. EUGENE
.. Taxpayer
Taxpa~Etr Name: MCKAY INVESTMENT CO LLC
Taxpayer Address: 2350 OAKMONT WA Y STe 204
State
OREGON
.Counby
UNITED STATES
Zip Code
97401
City State
EUGENE . OREGON
Property Legal Description
Township: 17 Range: 03
Subdivision Type: Subdivision Name:
LotlTractlUnit Number: Tl 03900
Subdivision Number.
Racording Number:
Property Value and Taxes
Land Value
Real M~[ket
175,139
142,390
148,318
145,410
145,410
2,364.300
2,003,640
1,926,580
1,870,470
1,781,400
1,681,230
3,656,457
Taxable Varue
Country
UNITED STATES
Zip Code
97401
Section: 25
Quarter: 34
Division/Phase:
Improvement Value
Real Mar.J5.et
5,202,580
4,229,740
4,405,980
4,319,590
4,319,590
.4,229,790
3,584,570
3,620,780
3,515,320
3,030,450
2,748,100
667,390 .
Exemption Amount Regular (EAR)
Tax Year
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
Total Value
Real M_g!~et Assessed
5,377,719 4,523,847
4,372,130 4,372,130
4,554,298 4,554,298
4,465,000 4A65,000
4,465,000 . 4,465,000
6,594,090 4,356,044
5,588,210 4,229,169
5,547,360 4,105,989
5,385,190 3,986,397
4,811,850 4,811,850
4,429,330 4,429,330
o
Frozen Assessed Value (FZNPU)
Tax (See Explanation of Tax)
63,410.57
60,109.91
61,995.90
60,492.20
63,204.52
69,184.87
69,941.57
67,991.07
. 67,737.25
75,016.75
69,524.99
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
Current Exemptions
Tax Year
2005
Explanation of Tax
The tax shown is the amount certified in October, unless a value change has been processed on the property.
Value changes typically occur as a result of appeals, clerical errors and omitted property. The owner either
initiates the change, as in the case of appeals, or is notified by the department, in the case of clerical errors and
omitted property. .The amount shown is the full amount of tax for the year indicated and does not include any
discounts offered, payments made, interest owing, or previolis years owing.
Amount
667,390
Description
Religious
4-7
AUG-24-2006 16:35
Annee Devereaux.
Account Status
@ Active for the 2005 Tax Year
New Account Scheduled to be .
o Active for the 2006 Tax Year.
@) Locally Assessed
() PenctiD9....Seg/Merge
o Pending Value Change
o Delinquency
o Delayed Foreclosure
o Bankruptcy
.0 Code Split Indicator
Remarks:
541 485 0307
.P.04
~u.~m~r.am (if applicable)
Code: ..
General Information
Property Class:
Statistical Class:
Neighborhood Code:
Property Use Type:
Account Type:
Category:
Mortgage Company Name:
Total Acreage for this Accoont13.91
Fire Acres: .
Tax Code Area (Levy Code): 01900 Lane County Assessment and Taxation 2005:2005 Billing Rates
CITY OF SPRINGFIELD
LANE COMMUNITY COLLEGE
LANE COUNTY
LANE EDUCATION SERVICE DISTRICT
SPRINGFIELD ECONOMIC DEVELOPMENT AGENCY
SPRINGFIELD SCHOOL DISTRICT 19
WILLAMALANE PARK & RECREATION DISTRICT
201
453
81904
RP
LAND AND IMPROVEMENTS
Sales Information
Sales Sales
Date: Price:
01-04-
2000
Manufactured Structures
Grantor:
Grantee:
Description: .
COMMERCIAL. IMPROVED
SHOPPING CENTER
MCKAY INVESTMENT MCKAY INVESTMENT CO
CO LLC
SearCh Results INew Prope~ ~!Ch IAppl!~alions Manu
4-8
Instrument
#:
2000-
001327
Analysis .
Code~
~
Mult
Acct?:
Y
AUG-Z4-Z006 .16: 36 .
;....
Annee Devere.aux
r
DIVISION OF CHIEF DEPUTY CLERk
LANE COUNTY DEEDS AND RECORDS
._~,
III III ~ 1111111II1I1Il1II1~11I1Il11 J Ilf
00009401200001327005 .
2000091327 . 2:50:57 PM 01/te/2000
RPR DEED 1 - I CASHIER l!l!
2~.~R tt.AA tR.ftA
45,80
After Recording Return to:
Jolm C. WatJanson
Watkinson LaUd Rubenstein Lashway &1 BaldwiD, P.C.
101 East Broadway, Snitc 101
Eu~ne, OR 91401-3114
Until a change is requested all tax 5latementl
shalJ be sent to the following address:
NO CHANGE
I -
WARRANTY .DEED - STATUTORY FORM
McKay Investment Company, aka McKay Investment Co.t a partnership, Grantort conveys and
warrants to McKay Investment Company, LLC, an Oregon limited liability, Grantee, the following
described real property free of encumbrances except as specifically set forth herein:
. Legal description on attached Exhibit A
Subject to: Reservations. rights-of.way, easements, conditions and restrictions of record,
leasehold interests, and monetary encumbrances suffered or created by Grantor.
nns'INSTRUMENT WILL Nor AlLOW USE OF TIm PROPERTY DESCRIBED IN nus
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
. BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, nIB PERSON ACQUIRING FEE
TITI..ETOTHE PROPERTY SHOULD CHECK WITH TIm APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
LIMITS ON LA wsurrs AOAINSTF ARMINGORFORESTPRACTICES AS DEFINED INORS
30.930.
The liability and obligations of Grantor to Grantee and Gmrtee's successors and assigns under the
warranties and covenants contained herein or provided by law shall be limited to the amount, nature
, and terms of any right of indemnification available to Grantor under any title insurance policy, and
Grantor shall bave no liability or obligation except to the extent that reimbursement for such liability
or obligation is available to Grantor undeT any such title insurance policy. The limitations contained
herein expressly do not relieve Grantor of any liability or obligations under this instrument) but merely
define the scope, nature, and amount of such liability or obligations.
The true consideration for this conveyance is other than money.
Warranty Deed - 1
S:IMIMCKA Y1C.LLC\llusincss\I.CF.~wpd
4-9
P.23
I
. .
541 485 0307 . P.24 .
This conveyance is effective January 1~.2000.
. . .
..~(~2tf
J. 0 glasMcKa . ....... . .
. .
.~0~~d
Lin a McKay Kon1r . ..
STATE OF OREGON )
) SS.
County of Lane )
. . ,
. ... This instrument was acknowledged before me this . ~ day of January, 2000 by 1. Douglas .
McKay and Linda McKay Korth as authorized partners ~ay Investment Company. .
{( tI.LIN ~
Notary Public or Oregon I \
My Commission Expires: I 13 OU
_ 0fR::W.~
'TRACy A. KELlOGG
II01'Mff PUBLI; - OREOOij
C:OO~N NO. 059341
. IIYCOU EXPIIl!:S.NOV'. u. 2aQO
Warranty Deed.. 2
" .,' ,. " '. ..,
4-10
I
AUG-24-2006 16:36
541 485 0307
Annee Devereaux
EXIDlJlT A
PARCELl: ..
Begjnning at a point on the South line of the A M Powers Donation Land Claim No. 69. Township
17South, Range 3 West of the Wlllamette Meridian, 1450.7 feet North 890 51 West of the Southeast
comer thereot; then North 00 03' East 287.16 feet; thence South 890 57' East 465.3 feet; thence
South 0003' West 287.16 feet; thence North 890 57' West 465.3 feet to the place of beginning, in
Lane County, Oregon .
EXCEPT that portion described in deed to the City ofSpringfleld recorded July 25,1957, Reception
. - No. 18049, Deed Records of Lane. County, Oregon.
ALSO EXCEPT that portion descn'bed in deed to the City of Springfield, recorded November 1,
1971, Reception No. 70906, Official Records of Lane County, Oregon.
TOGETHER WlTI:I that portion of vacated Centennial noulevard which would inure to said parcel
in accordance to law, as vacated by Vacation Ordinance No. 1808, recorded Nov~ber 22, 1963,
Reception No. 34155, Deed Records of Lane County, Oregon.
EXCEPT that portion de:scnbed in deed to the City of Springfield recorded June] I, 1963, Reception
No. 13833, Deed Records of Lane County, Oregon.
PARCEL ll:
Beginning at a point which is North OD 03' East 433.89 feet from a point on the South line of the
AIbanson M Powers Donation Land Claim No. 69, Township 17 South. :Range 3 West of the
Willamette Meridian, which last mentioned point is 1450.7 feet North 890 57' West from the
Southeast comer of said claiIn. from said beginniQg point run North 00 031 East 586.93 feet; thence
South 890 57' East 465.3 feet; thence South 00 03' West 586.93 feet; thence North 890 57' West
465.3 feet to the place ofbeginnin.g, in Lane County~ Oregon.
EXCEPT: Beginning at a point on the Easterly margin of Mohawk Highway, said point being North
89044115" West 110.08 feet and North 290 13'7" East 145.31 feet from the Northeast corner of
Block 6, MORA WK FIRST ADDITION as platted and recorded in Book 15, Page 23, Lane County
Oregon Plat Records; thence along the said Eastmy margin North Z9" 13' 7" East SO feet; thence
leaving said Easterly margin South 890 48' 27t1 East 100 feet; thence parallel with said Easterly
margin South 290 13' 7- West 50 feet; thence North 890 48' 27t1 West 100 feet to the point of
beginning, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian in Lane
County, Oregon.
ALSO EXCEPT that portion described in deed to the City of Springfield recorded February 20, 1959,
Reception No. 60561, Deed Records of Lane County, Oregon.
PARCEL ill:
Beginning at a point North 890 S7' West 1450.7 feet and North 00 03' East 850.00 feet from the
Southeast corner of the A M. Powers Donation Land Claim No. 69 in Township 17 South, Range
EXHIBIT A
Page 1 of 3 pages
LCF
.. 1..... __ '_~.". . "
". ',"
... I. '.
~ . .:. '. . ___"..' r..
,,\-"ill.
. :':-' ...,:.:.!.I:-.=.'-_I ......_...._,. .
4-11
P.25
AUG-24-2006 16:36
.AnneeDevereaux
541 485 0307
P.26
3 West; run thence North 00 031 East 170.4 feet.; thence North 890 57' West 14.75 feet to the
Southeasterly line of the County Road; thence along said line of County Road South 29 II <J9l West
194.97 feet; thence South 890 S7'East 109.6 feet to the point ofbeginning,in Lane County, Oregon.
EXCEPT: Beginning at a point on the &sterly margin of Mohawk Highway, said point being North
89044' 15" West ] 10.08 feet and North 291:1 13' 7" East 145.31 feet from the Northeast comer of
Block 6, MOHAWK FIRST ADDmON) as platted and recorded in Book 15, Page 23, Lane County
Oregon Plat Records; thence along the said Easterly margin North 29" 1317" East 50 feet; thence
leaving said Easterly margin South ~90 481 27" East 100 feet.; thence parallel with said Easterly
margin South 291:1 1317" West SOfeet; thence North 890 4S' 27" West 100 feet to the point of
beginning, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian in Lane
County, Oregon.
PARCEL IV:
Beginning at a point North 011 031 East 287.16 feet and 1450.7 teet North 890 57' West of the
Southeast corner of the A M. Powers Donation Land Claim No. 69, Township 17 South, Range 3
West ofthe WiUamette Meridian; thence North 0003' East 146.73 feet; thence South 890 57'East
465.3 feet; thence South 00 03'West 146.73 feet; thence North 890 57'West465.3 feet to the place
of beginning, in Lane County, Oregon.
EXCEPT that portion described in deed to the City of Springfield, recorded July 20, ] 959, Reception
No. 60561, Deed Records of Lane County, Oregon. .
PARCEL V:
All of Block 6 in the MOHAWK FIRST ADDITION to Springfield, Oregon. .
ALSO that portion of vacated Centennial Boulevard which would inure to said parcel in accordance
to law, as vacated by Vacation Ordinance No.1 808, recorded November 22. J963, Reception No;
34155, Deed Records of Lane County, Oregon. -
EXCEPTING THEREFROM: Beginning at the Northeast corner of Block 6, MOHA WI< FIRST
ADDITION to Springfield, as platted and recorded in Lane County Plat Records; run thence North
890 45' 30" West 93 feet; thence South 290 13' West 150 feet parallel with and along the Mohawk
Highway; thence South 890 45' 30" East to a point which is South 00 13' 3011 West below the point
of beginning; thence North 00 13' 30" East to the place of beginning, in Lane County, Oregon.
ALSO EXEPT: Beginning at the stone marking the Southeast corner of the A. M. Powers Donation
Land Claim No. 69, Township 17 South, Range 3 West of the WtllametteMeridi~ then~ North 890
48' 27" West 1449.97 feet along the South line of said Donation Land Claim No. 69 to a point; thence
Nonh OQ ]3' 30" East 99.15 feet to an iron pipe marking the Initial Point of MOHAWK FIRST
ADDITION according to the plat thereof recorded in Volume IS, Page 23 of plats ofthe Records
of Lane County, Oregon; thence North 89" 41' 53" West 308.64 feet to the TRUE FOINT OF
BEGINNING; thence Nortb 89Q 41' 53" West 200.00 feet along the South line of Block 6 of said plat
to an iron pipe set on the Easterly margin of Mohawk Highway; thence North 29D 13' 07" East
165.00 feet along the Easterly margin of Mohawk Highway to a point; thence South 70022'19" East
EXHIIllT A
Page 2 of) pages
. l.CF
i ...
. .. .~. . - ':. .
4-12
AUG-24-2006. 16:~6.
Annee Devereaux
541 485 0307
P.27
135.00 &et to a point; thence South 4024' 5111 West lOO~OO feet to the true point of beginning in
Springfield, Lane County, Oregon.
ALSO EXCEPT: Beginning at a point being Nonh 890 41' 53" West 308.64 feet and North 4024'
51 II East 100.00 feet from the Initial Point of MOHAWK FIRST ADDITION, as platted and
recorded in Book IS, Page 23, Lane County Oregon Plat ReCords, being in TOWnship 17 South,
Range 3 West of the WillametteMeridian; nm thence North 40 24' 51" East 4.15 feet; thence North
700 22' 19" West 133.24 feet to the Easterly line of Mohawk Highway;.thence along said Easterly
Une South 290 13' 07" West 4.06 feet; thence leaving said Easterly line South 700 22'19" Ea5t
135.00 feet to the Point of Beginning, in Lane County, Oregon.
ALSO EXCEPT: Beginning at a point 10 feet South 29013' West of the point of intersection of the
Easterly right-of.way line ofMohawk Boulevard and the prolongation of the Northerly right-of-way
line of"M" Street, said point of beginning being South 290 IJ' West 333.7 feet from tbe Northwest
comer of Block 6, MOHAWK FIRST ADDmON, as platted and recorded in Book 15, Page 23,
Lane County Oregon Plat Records;fhence South 60047' East 85.0 feet; thence North 740 13' East
14.14 feet; thence South 600 47' East 5.0 feet; thence South 290 13' West 80.0 feet; thence North
600 47' West 5.0 feet; thence North] 50 47' West 14.14 feet; thence North 600 47' West 85.0 feet;
thence North 29" 13' East 60.0 feet to the point of beginning in Lane County, Oregon.
ALSO EXCEPT: Beginning at a point ]0 feet North 290 13' Eastofthe point ofintersection of the
Easterly right of way line of Mohawk Boulevard and the prolongation of the Southerly right of way
line of"M. Street. said point of beginning being South 290 13' West 393.7 feet from the Northwest
corner of Block 6, MOliA WK FIRST ADDITION. as platted and recorded in Book 15, Page 23,
. Lane County Oregon Plat Records; thence South 600 47'East 60.0 feet; thence South 290 13' West
100.0 feet; thence North 6QD 47' West 60 feet; thence North 2911 13' East 100 feet to the point of
. . beginning. in Lane County, Oregon.
ALSO ExCEPT: Beginning at a point being South 290 13' West 393.7 feet and South 600 47' East
60.00 feet from the Northwest comer of Block 6. MOHAWK FIRST ADDmON, as platted and
recorded in Book] 5. Page 23, Lane County Oregon Plat Records; thence South 60 D 47' East 25 feet;
thence South-I50 4T East 7.07 feet; thence South 290 13' West 95.00 feet; thence North 600 4T
West 30.00 feet; thence North 29" ]3' East 100.00 feet to the Point of Beginning, in Lane County,
Oregon.
PARCEL VI:
Beginning at a point on the Easterly margin ofMobawk Highway, said point being North 89<;1 44' 15"
West 110.08 feet and North 290 13' 7" East 145.31 feet from the Northeast corner of Block 6,
MOHA WI< FIRST ADDITION, as platted and recorded in Book IS, Page 23, Lane County Oregon
Plat Records; thence along the said Easterly margin North 290 ] 3' 7" East 50 feet; thence leaving said
Easterly margin South 89Q 48' 27" East 100 feet; thence parallel with said Easterly margin South 290
13' 7" West 50 feet; thence North 890 48' 27" West ]00 feet to the point of beginning. in Section 25,
Township 17 South, Range 3 West of the WiJlamette Meridian in Lane County, Oregon.
EXHIBIT A
Page 3 of 3 pages
LCF
TOTAL P.27
4-13
. Exhibit 2
First American
First American Title Insunmce Company of Oregon
600 Country Dub Road
Eugene, OR 97401
Phn' (541)484-2900
Fax - (541)484-7321
: FOR ALL QUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT:
. Ronald Denton, Title Officer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: radenton@firstam.com
. Alan Evans
101 E Broadway#101
Eugene, OR 97401-3114
Order No.: 7199-912425
November 16, 2006
Attn:
Phone No.: (541)345-4860 - Fax No.: (541)345-9649
Email: alan@eebcre.com
Re:
1st Supplemental Preliminary Title Report
AL T A Owners Standard Coverage Uability $ Premium $
AL T A Owners Extended Coverage Uability $ Premium $
. ALTA Lenders Standard Coverage Liability $ Premium $
ALTA Lenders Extended Coverage Uability $ Premium $
Endorsement Premium $
Govt Service Charge Cost $
Other Preliminary Title Report Cost $ 0.00
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
. The land referred to ili this report is described in Exhibit A attached hereto.
and as of November 09, 2006 at 8:00 a.m., title vested in:
McKay Investment Company, LLC, an Oregon limited liability company, as to Parcel I, Cuddeback
Investments, Inc., an Oregon corporation, as to Parcel II and Wells Fargo Bank, successor in interest to
the First National Bank of Oregon, a national banking association, as to Parcel III
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
4-14
Order No.: 7199-912425
Page 2 of 9
. .
L Taxes for the current fiscal year are reduced by reason of Religious Exemption. If the exempt
status is terminated under the statute prior to July 1, said property will be taxed at 100% of the
assessed value.
(Parcel I) .
2.
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property 10 No.:
. (Parcel III) .
$
$
01900
1703253404402
0212124
Taxes for the year 2005-2006
Unpaid Balance: $
Taxes for the year 2004-2005
Unpaid Balance: $
Taxes for the year 2003-2004
Unpaid Balance: $
Taxes for the year 2002-2003
Unpaid Balance: $
Taxes for the year 2001-2002
Unpaid Balance: $
Taxes for the year 2000-2001
Unpaid Balance: $
Taxes for the year 1999-2000
Unpaid Balance: $
Taxes for the year 1998-1999
Unpaid Balance: $
3.
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
. Code No.:
Map & Tax Lot No.:
Property 10 No.:
(Parcel I)
$
$
01900
1703253403900
0212033
1,771.08
7,771.08, plus interest and penalties, if any
7,599.88, plus interest
7,454.14, plus interest
7,240.17, plus interest
6,614.82, plus interest
6,489.17, plus interest..
6,332.38, plus interest
6,401.64, plus interest
6,223.13, plus interest
68,793.79
68,793.79, plus interest and penalties, if any
First American Tlffe
4-15
.. . .
Order No.: 7199-912425 '
Page 3 of9 ,
4. Taxes for the year 2006-2007
Tax Amount $ 4,085.54
Unpaid Balance: $ 4,085.54, plus interest and penalties, if any.
Code No.:" 01900
Map & Tax Lot No.: 1703253403900
Property ID No.: 5007784
(Personal Property assessed to Bi-Mart Corp #603)
5. Taxes for the year 2006-2007
. Tax Amount $ 414.69
Unpaid Balance: . $ 414.69, plus interest and penalties, if any.
Code No.: 01900
Map & Tax Lot No.: 1703253403900
Property ID No.: 5120082
(Personal Property assessed to Abby's Pizza Inn)
6. Taxes for the year 2006-2007
Tax Amount $ 1,158.18
.' Unpaid Balance: $ 1,158.18, plus interest and penalties" if any. .
Code No.: 01900
. Map & Tax Lot No.: 1703253403900
PropertyID No.: . 5361058 .
(Personal Property assessed to Wendy's Old Fashioned Hamburgers)
7. Taxes for the year 2006-2007
Tax Amount $ 187.65
Unpaid Balance: $ 187.65, plus interest and penalties, if any
Code No.: 01900
Map & Tax Lot No.: 1703253403900
Property ID No.: 5503279
(Personal Property assessed to Dollar Store #901)
8.
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
. Code No.:
Map & Tax Lot No.:
Property ID No.:
(Parcel II)
$
$
01900
1703253404101
0212074
22,344.48 ,
22,344.48, plus interest and penalties, if any
9.
Taxes for the year 2006-2007
Tax Amount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property ID No.:
$
$
01900
1703253404101
5084841
850.11
850.11, plus interest and penalties, if any
Arst American TJtfe
4-16
. Preliminary Report
Order No.: 7199-912425
Page 4 of 9
(Personal Property assessed to Taco Bell #372)
10. Taxes for the year 2006-2007
Tax Amount $ 2/643.62
Unpaid Balance: ." $ 2/643.621 plus interest and penaltiesl if any
. Code No.: 01900
Map & Tax Lot No.: 1703253404402
Property ID No.: 5347172
(Personal Property assessed to Wells Fargo Bank #92471 Inc.)
11. The rights of the public in and to that portion of the premises herein described lying within the
limits of streetsl roads and highways. .
12. Easementl including terms and provisions contained therein:
Recording Information: September 19, 1961, Reception No. 44347
In Favor of: Northwest Natural Gas Company, a corporation
For: Utilities
(Parcel I)
,13. Easement, including terms and provisions contained therein:
Recording Information: February 05, 19631 Reception No. 98548
In Favor of: The Rrst National Bank of Oregonl Portland
For: Customer parking
(Parcel I)
14. Easement, including terms and provisions contained therein:
Recording Information: June 11, 1963, Reception No. 13832
In Favor of: City of Springfield.
For: Public utilities
(Parcel I) ..
15. The terms and provisions set forth in that certain easement from The Rrst National Bank of
Oregonl Portlandl a national banking association, to McKay Investment CO'I a partnership,
recorded June 25, 19631 Reception No. 15462, being an easement for pipelines and ingress &
egress.
(Parcels I and III)
16. Reservation of utilities in vacated street area and the right to maintain the same as set forth in
Ordinance No. 1808, a copy of which was
Recorded November 22, 1963, Reception No. 34155.
And re-recorded May 01, 1972, Reception No. 97020.
17. The terms and provisions contained in that certain easement from Hazel P. Peterson to McKay
Investment Company, a partnership, recorded January 041 19681 Reception No. 9941, being an
easement for sewer line or other underground utility.
(Parcel I)
First American TltIe
4-17
. Preliminary Report ..
Order No.: 7199-912425
Page 5 of 9
18. . lease and the terms and conditions thereof:
lessor: . McKay Investment Company,a partnership
lessee: Taco Bell, a California corporation
Recorded: November 14, 1968
Recording Information: 45029
(Affects Parcel II) .
19. Easement, including terms and provisions contained therein:
Recording Information: November 06, 1973, Reception No. 73-50317
. In Favor of: City of Springfield
(Parcel I)
20. Easement, including terms and provisions contained therein:
Recording Information: January 17, 1977, Reception No. 77-02804
In Favor of: City of Springfield, acting by and through its Springfield Utility
b~ .
For: Water transmission or distribution line
(Parcel I)
. 21. Easement, including terms and provisions contained therein:
Recording Information: January 17, 1977, Reception No. 77-02805
In Favor of: City of Springfield, acting by and through its Springfield Utility
Board
For: Water transmission or distribution line
(Parcels I and II)
22.
Easement, including terms and provisions contained therein:
Recording Information: September 14, 1998, Reception No. 98-73229
In Favor of: City of Springfield,. acting by and through its Springfield Utility
Board
For: Public water utility
(Parcel I)
._. -1'<.-'
23. Right, title and interest of PMD Restaurants, llC, by reason of its execution of Rnancing
Statement recorded May 13, 1999, Reception No. 99-43178.
The present ownership and other matters affecting said interest are not shown herein.
(Parcels I and II)
And by Rnancing Statement recorded February 16, 2005, Reception No. 2005-011519.
24. Declaration of Cross Easements, including terms and provisions thereof.
Recorded: November 22, 2005, Reception No. 2005-093358
Affects: Parcels I and II
First American Tlffe
4-18
Preliminary Report .
Order No.: 7199-912425
Page 6 of 9
. . .' .
25. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or .
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: November 22, 2005, Reception No. 2005-093359
Affects: . Parcel I
26. Lease with Redundant Cartridge, Inc., dated April 22, 2003, as amended.
Lease with Jennifer Williams, dba, Shabryls, dated July 10, 2002.
. Lease with Janis West, dba Z-Coil, dated May 18, 2005.
Lease with Bi-Mart Corporation, dated December 09, 1964, as amended.
Lease with Stanley T. Merrell and Connie J. Merrell, dated July 06, 1988; assigned to Springfield
Taco, a partnership, as disclosed by Assignment of Leases recorded November 30, 2005,
Reception No. 2005-095349, Official Records of Lane County, Oregon.
(Parcel II)
27. Unrecorded leases or periodic tenancies, if any.
- END OF EXCEPTIONS -
NOTE: Taxes for the year 2006-2007 PAID IN FULL
Tax Amount: 403.06
Map No.: 1703253403900
Property ID: 5487960
Tax Code No.: 01900
(Personal Property assessed to Stepina's Famous Pizza)
NOTE: Taxes for the year 2006-2007 PAID IN FULL
Tax Amount: $409.90
Map No.: 1703253403900
Property ID: 5515083
Tax Code No.: 05229
. (Personal Property assessed to Schwan's Home Service Inc.)
Situs Address as disclosed on Lane County Tax Roll:
1600,1650, 1705, 1710, 1780, 1782 and 1792 Centennial Blvd.; 1489, 1449, 1453, 1455, 1457, 1459,
1461, 1469, 1471, 1475, 1479, 1483, 1485, 1487, 1491, 1493, 1499, 1505, 1507, 1509, 1511, 1519 and
1521 Mohawk Blvd.; and 1250, 1480, 1484, 1486 and 1488 18th Street, Springfield, OR 97477
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
cc:
cc: McKay Investment Co LLC
cc: Alan Evans, Evans Elder & Brown Inc.
101 E Broadway #101, Eugene, OR 97401-3114
first American Title
'--...
4-19
Preliminary Report
Order No.: 7199-912425
Page 7 of 9
FirstAmerican Title Insurance Company of Oregon
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (10/17/92)
The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of: .
1. (a) Any law, ordinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting..
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions Or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmentaI protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or enOlmbrance resulting from a violation or aDeged violation affecting the land has been recDrded in the public records at Date of PoDcy;
(b) Any governmental po6ce power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recDrded in the pubnc recDrds at Date of Policy.
2. Rights of erninent domain unless notice of the exerdse thereof has been recorded in the public rea>rds at Date of Policy, but not exduding.from coverage any taking
which has occurred prior to Date of Policy whicl1 wOUld be binding on the rights of a purchaser for value wiinout knowledge.
3. DefectS, liens, enOlmbrances, adverse daims, or other matters:
(a) created, suffered, assumed or agreed to by the Insured daimant;
(b) not known to the Company, not recorded In the pubnc records at Date of Policy, but known to the insured daimant and not disdosed in writing to the Company by.
the insured claimant prior to the date the Insured daimant became an insured under this policy;
(c) resulting in no loss or damage to the Insured claimant;
(d) attaching or aeated subSequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien
for services, laba or material or the extent Insurance is afforded herein as to assessments for street improvements under construction or completed at date of
policy); or . . .
(e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage.
4. Unenforceabtllty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inabnity or failure of any subsequent owner
of the indebtedness, to comply with the applicable 'doing business" Jaws of the state in which the land Is sitUated. .
S. Invaiidity or unenforceability of the Den of the insured mortgage, or daim thereof, which arises out of the tJansaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6. AnY statutory lien for services, labor or materials (or the claim of priority of any statutory iien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contJacted for. and commenced subsequent to Date of Policy and is not financed in whole or in part by
proceeds of the Indebtedness seOlred by the insured mortgage which at Date of PofJCy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the .tJansac:tion aeating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar aeditOrs' rights laws, that is based on:
(I) the tJansaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent tJansfer; or
(D) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iil) the tJansaction creating the interest of the insured mortgagee being deemed a preferential tJansfer except where the preferential tJansfer results from the failure:
(a) to timely record the instrument of tJansfer; or
(b) of sum recordation to impart notice to a purchaser for value or a judgment or lien aeditor.
ALTA OWNER'S POUCY (10/17/92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (n) the character, dimensions or location of any improvement now or hereafter erected on the land;
(Iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or enOlmbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental poDre power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, nen or encumbrance
resulting from a violation or alleged violation affecting the land has been rerorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of poncy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, nens, enOlmbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the Insured claimant;
(b) not known to the Company, not recorded in the public records at Date of ?olley, but known to the insured claimant and not disdosed in writing to the Company by
the insured daimant prior to the date the insured daimant became an insured under this policy;
(c) resulting in no loss or damage to the Insured daimant;
(d) attaching or created subsequent to Date of Polley; or
(e) resulting in loss or damage whim would not have been sustained If the insured claimant had paid value for the estate or interest insured by this policy.
4. Any daim, which arises out of the tJansaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, slllte
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction aeating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(D) the transaction aeating the estate or interest insured by this policy being deemed a preferential tJansfer except where the preferential tJansfer results from the
failure:
(a) to timely record the instrument of tJansfer; or .
(b) of sum recordation to impart notice to a purchaser for value or a judgment or lien creditor.
SCHEDULE OF STANDARD EXCEPTIONS
. The ALTA slllndard policy fonn will contain in Schedule B the foDowing standard exceptions to coverage:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records; proceeding by a public agency which may result in taxes or assessments, or notice of sum proceedings, whether or not shown by the records of such agency or
by the publiC records.
2. Any facts, rights, interests, or claims which are not shown by the public records but whim could be ascertained by an inspection of said land or by malcing inquiry of
persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public rea>rds, unpatented mining daims; reservations or exceptions In patents or in Acts
authorizing the issuance thereof; water rights, daims or title to water.
4. Any lien, or right to a lien, for seMces, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, enaoachments. or any other facts whim a correct sulVey would disdose.
NOTE: A SPEOMEN COPY OF THE POUCY FORM (OR FORMS) W1U BE FURNISHED UPON REQUEST
11149 Rev. 5-99
First American Tttle
4-20
Order No.: 7199-912425
Page 8 of 9
Exhibit n An
Real property in the County of Laner State of Oregon, described as follows:
PARCEL I:
BEGINNING AT A POINT BEING NORTH 89041' 53" WEST, 308.56 FEET (RECORD 308.64 FEET) FROM
THE SOUTHEAST CORNER OF BLOCK 6 OF MOHAWK FIRST ADDmONr AS PLATTED AND RECORDED IN
BOOK 15r PAGE 23, LANE COUNTY OREGON PLAT RECORDS; AND RUNNING THENCE NORTH 40 24' 51"
EAST, 104.16 FEET; THENCE NORTH 70022' 19" WEST, 133.23 FEET TO THE EASTERLY MARGIN OF
MOHAWK HIGHWAY; THENCE ALONG SAID EASTERLY MARGIN NORTH 290 13' 07" EASTr 194.69 FEET;
THENCE LEAVING SAID EASTERLY MARGIN AND RUN SOUTH 60047' 00" EAST, 90.00 FEET; THENCE
NORTH 290 13' 07" EAST, 95.00 FEET; THENCE SOUTH 150 47' 00" EAST, 7.07 FEET; THENCE SOUTH
.600 47' 00" EAST, 5.00 FEET; THENCE NORTH 290 13' 07" EASTr 80.00 FEET; THENCE NORTH 60047'
00" WEST, 5.00 FEET; THENCE SOUTH 74013' 00" WEST, 14.14 FEET; THENCE NORTH 600 47' 00"
WEST, 85.00 FEET TO SAID EASTERLY MARGIN OF MOHAWK HIGHWAY; THENCE ALONG SAID
EASTERLY MARGIN NORTH 29013' 07" EASTr 183.70 FEET; THENCE LEAVING SAID EASTERLY MARGIN
RUN SOUTH 89044' 15" EASTr 165.65 FEET TO THE EAST LINE OF SAID BLOCK 6; THENCE ALONG
SAID EAST LINE NORTH 0013' 30" EASTr 21.71 FEET; THENCE LEAVING SAID EAST LINE RUN SOUTH
89046' 30" EAST, 141.99 FEET; THENCE NORTH 70006' 00" EASTr 30.02 FEET; SOUTH 74028' 08"
EAST, 62.15 FEET; THENCE SOUTH 89053' 24" EAST, 152.99 FEET; THENCE NORTH 58049' 12" EAST,
25.85 FEET; THENCE SOUTH 890 48' 26" EAST, 34.65 FEET TO THE WEST MARGIN OF 18TH STREET;
THENCE ALONG SAID WEST MARGIN SOUTH 00 11' 34" WESTr 692.06 FEET TO THE NORTH MARGIN OF
CENTENNIAL BOULEVARD; THENCE LEAVING SAID WEST MARGIN AND RUNN'ING ALONG THE NORTH
MARGIN OF CENTENNIAL BOULEVARD THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89049' 36"
WEST, 252.70 FEET; THENCE 2) ALONG THE ARC OF A 1708.48 FOOT RADIUS CURVE TO THE RIGHT,
THE CHORDS OF WHICH BEARS NORTH 86019' 36" WESTr 208.60 FEET, A DISTANCE OF 208.73 FEET;
THENCE 3) ALONG THE ARC OF A 2317.33 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH
BEARS NORTH 860 19' 36" WESTr 282.94 FEET, A DISTANCE OF 283.12 FEET; THENCE 4) NORTH 890
49' 36" WEST, 5.42 FEET; THENCE LEAVING SAID NORTH MARGIN RUN NORTH 0010' 24" EAST, 14.34
FEET TO THE POINT OF BEGINNING, IN SPRINGFIELDr LANE COUNTYr OR'EGON.
PARCEL II:
BEGINNING AT A POINT ON THE SOUTHEASTERLY MARGIN OF MOHAWK HIGHWAY, SAID POINT BEING
NORTH 890 44' 15" WEST, 110.08 FEET FROM THE NORTHEAST CORNER OF BLOCK 6 OF MOHAWK
FIRST ADDmON, AS PLATTED AND RECORDED IN BOOK 15, PAGE 23r LANE COUNTY OREGON PLAT
RECORDS; AND RUNNING THENCE ALONG SAID MARGIN, NORTH 290 13' 07" EAST, 195.33 FEET;
THENCE LEAVING SAID MARGIN RUN SOUTH 89048' 27" EAST, 455.08 FEET TO THE WEST MARGIN OF
18TH STREET; THENCE ALONG SAID WEST MARGIN SOUTH 00 11' 34" WEST, 273.00 FEET; THENCE
LEAVING SAID WEST MARGIN RUN NORTH 89048' 26" WEST, 34.65 FEET; THENCE SOUTH 58049' 12"
WEST, 25.85 FEET; THENCE NORTH 890 53' 24" WESTr 152.99 FEET; THENCE NORTH 740 28' 08"
WEST, 62.15 FEET; THENCE SOUTH 700 06' 00" WEST, 30.02 FEET; THENCE NORTH 890 46' 30" WEST,
141.99 FEET TO THE EAST LINE OF SAID BLOCK 6; THENCE ALONG SAID EAST LINE NORTH 0013' 30"
EAST, 109.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 6; THENCE NORTH 890 44' 15"
WEST, ALONG THE NORTH LINE OF SAID BLOCK 6, 110.08 FEET TO THE POINT OF BEGINNING, IN
SPRINGFIELD, LANE COUNTY, OREGON.
PARCEL III:
. .
First American Tttle
4-21
Preliminary Report
Order No.: 7199-912425
Page 9 of 9
BEGINNING ATTHE STONE MARKING THE SOUTHEAST CORNER OF THEAM. POWERS DONATION
LAND CLAIM NO. 69, TOWNSHIP 17 SOUTH RANGE 3 WEST OF THE WILIAMElTE MERIDIAN; THENCE,
.. NORTH 89048' 27" WEST 1449.97 FEET ALONG THE SOUTH LlNE OF SAID DONATION LAND CLAIM NO.
69 TO A POINT; THENCE, NORTH 00 13' 30" EAST 99.15 FEET TO AN IRON PIPE MARKING THE INmAL
. POINT OF MOHAWK FIRST ADDmON ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15,
. PAGE 23 OF PLATS OF THE RECORDS OF LANE COUNlY, OREGON; THENCE, NORTH 890 41' 53" WEST
308.64 FEET TO THE TRUE POINT OF BEGINNING: THENCE, NORTH 890 41' 53" WEST 200.00 FEET
. ALONG THE SOUTH LlNE OF BLOCK 6 OF SAID PLAT TO AN IRON PIPE SET ON THE EASTERLY MARGIN
OF MOHAWK HIGHWAY; THENCE, NORTH 290 13' 07" EAST 165.00 FEET ALONG THE EASTERLY
MARGIN OF MOHAWK HIGHWAY TO A POINT; THENCE, SOUTH 700 22' 19" EAST 135.00 FEET TO A
POINT; THENCE, SOUTH 40 24' 51" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING IN
SPRINGFIELD, LANE COUNlY,OREGON.
, 'ALSO:
BEGINNING AT A POINT BEING NORTH 89041' 53" WEST 308.64 FEET AND NORTH 40 24' 51" EAST
100.00 FEET FROM THE INmAL POINT OF MOHAWK FIRST ADDmON, AS PLATTED AND RECORDED IN
: BOOK 15, PAGE 23, LANE COUNlY OREGON PLAT RECORDS, BEING IN TOWNSHIP 17 SOUTH, RANGE 3
WEST OF THE WILLAMmE MERIDIAN; RUN THENCE NORTH 40 24' 51" EAST 4.15 FEET; THENCE
NORTH 70022' 19".WEST 133.24 FEET TO THE EASTERLY LINE OF MOHAWK HIGHWAY; THENCE
. ALONG SAID EASTERLY LlNE SOUTH 290 13' 07" WEST 4.06 FEET; THENCE LEAVING SAID EASTERLY
. LlNE SOUTH 700 22' 19" EAST 135.00 FEET TO THE POINT OF BEGINNING, IN LANE COUN1Y,
OREGON.
Tax Parcel Number: 0212033 and 0212074 and 0212124
'.I:. '..
First American rrtfe
4-22
....
..
,.
DIVISION OF CHIEF DEPUTY CLERK
LANE COUNTY DEEDS AND RECORDS
111111I11I111 flt/IIIIHII fill " 11/11 ',If
0000940120000132700S
2000001327 2:50:57 PM 01/10/2000
RPR DEED 1 - 6 CASHIER 05
. 2!!UIDI " DIDI UlllIllll
46,00
Afler Recording Return to: .
Until a change is requestedaIJ laX statements
shaJ1 be sent 10 the foUowing address:
John C. Watkinson
Watkinson Laird Rubenstein Lashway & Baldwin. P.C.
101 East BroadWay, Suite 101
Eugene, OR 97401-3114
NO CHANGE
!
WARRANTY DEED - STATIITORY FORM
!
(
McKay Investment Company, aka McKay Investment Co., a partnership, Grantor, conveys and
warrants to McKay Investment Company, LLC, an Oregon limited liability, Grantee, the following
. described real property free of encumbrances except as specifically set forth herein:
Legal description on attached Exhibit A.
Subject to:
Reservations, rights-of-way, easements, conditions and restrictions of record,
leasehold interests, and monetary encumbrances suffered or created by Grantor.
nns INSTRUMENT wn..L NOT 'ALLOW USE OFTIIE PROPERTY DESCRIBED IN TIllS
INSlRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE
TIlLE TO THE PROPER'IY SHOULD CHECK WITH THE APPROPRlA TE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
LJ1\.flTS ON LA WSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED INORS
30.930.
The liability and obligations of Grantor to Grantee and Grantee's successors and assigns under the
warranties and covenants contained herein or provided by law shall be limited to the amount, nature
and tenns of any right of indemnification available to Grantor under any title insurance policy, and
Grantor shall have no liability or obligation except to the extent that reimbursement for such liability
or obligation is available to Grantor under any such title insurance policy. The limitations contained
herein expressly do not relieve Grantor of any liability or obligations under this instrument, but merely
define the scope, nature, and amount of such liability or obligations.
The true consideration for this conveyance is other than money,
Warranty Deed - I
S:\M\MCKA YIC.l..LC\BusllleSSIl.CF.Deod. wpd
4-23
This conveyance is effective January 1,2000.
.S/~~(
1.D gJasMcKa ..... ...... '.. .... .. .....
~~~Wd
Un a McKay Ko.h2 . . ..
ST A TEOF OREGON)
) 55.
County of Lane ')
.... . This instrument was acknowledged before me this ~ day of January, 2000 by 1. Douglas
. McKay and Linda McKay Korth as authorized partners ~ay Investment Company. . ..
t( ..VJlt ~
Notary Public or Oregon
My Commission Expires: I /3/ OU
_ ~W.SfAL
.' I nlACY It.. KELLOCG
., i NOTARYPUBLIC-OIlEGO:I
..' COIIIIISSIOH NO. 059346
IIY COUIIISSION EXPIRES NOV. 13. mo
Warranty Deed - 2
4-24 .-,...
lint...
EXHIBIT A .
PARCEL I:
Beginning at a point on the South line of the A. M. Powers Donation Land Claim No. 69. Township
17South, Range 3 West of the WilIametteMeridian, 1450.7 feet North 890 57' West ofthe Southeast
corner thereof. then North 0003' East 287.16 feet; thence South 890 57'East 465.3 feet; thence
South 0003' West 287.16 feet; thenceNorth 890 57' West 465.3 feet to the place of beginning, in
Lane County, Oregon.
j
EXCEPT that portion described in deed to the City of Springfield recorded July 25,1957, Reception
No; 18049, Deed Records of Lane County, Oregon.
ALSO EXCEPT that portion described in deed to the City of Springfield, recorded November 1,
. 1971, Reception No. 70906, Official Records of Lane County, Oregon.
. TOGETHER WITH that portion of vacated Centennial Boulevard which would inure to said parcel
in accordance to law, as vacated by Vacation Ordinance No. 1808, recorded November 22, 1963,
Reception No. 34155, Deed Records of Lane County, Oregon.
EXCEPT that portion described in deed to the City of Springfield recorded June 11,1963, Reception
.No. 13833, Deed Records of Lane County, Oregon. .
PARCEL II:
Beginning at a point which is North 0003' East 433.89 feet from a point on the South line of the
Albanson M. Powers Donation Land Claim No. 69, Township 17 South, Range 3 West of the
Willamette Meridian, which last mentioned point is 1450.7 feet North 890 57'West from the
Southeast comer of said claim, fromsaid beginning point run North 00031 East 586.93 feet; thence
South 890 57' East 465.3 feet; thence South 0003' West 586.93 feet; thence North 890 57' West
465.3 feetlo the place of beginning, in Lane County, Oregon.
EXCEPT: Beginning at a point on the Easterly margin of Mohawk Highway, said point being North
~90 44' 15" West 110.08 feet and North 290 13' 7" East 145.31 feet from the Northeast comer of
310ck 6, MOfIA WI< FlRST ADDITION as platted and recorded in Book IS, Page 23, Lane County
Jregon Plat Records; thence along the said Easterly margin North 290 13' 7" East 50 feet; thence
~aving said Easterly margin South 890 48' 27" East 100 feet; thence parallel with said Easterly
largin South 290 13' 7" West 50 feet; thence North 890 48' 27" West 100 feet to the point of
eginning, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian in Lane
ounty, Oregon. '
LSD EXCEPT that portion described in deed to the City of Springfield recorded February 20, 1959,
~ception No. 60561, Deed Records of Lane County, Oregon.
LRCEL III:
ginning at a point North 890 57' West 1450.7 feet and North 0003' East 850.00 feet from the
utheast corner of the A. M. Powers Donation Land Claim No. 69 in Township 17 South, Range
EXHlBIT A
Page I of 3 pages
I.CF
" . '~j "{'. . ~
I ,...;."'....... " _ _ "..I' _~.'.':O..' _..~~
4-,-25 .-.-
-
3 West; run thence North 00 03' East 170.4 feet; thence North 890 57' West 14.75 feet to the
Southeasterly line of the County Road; thence along said line of County Road South 290 09' West
194.97 feet; thence South 89057' East 109.6 feettothe point of beginning, in Lane County, Oregon. .
EXCEPT: Beginning at a point on the Easterly margin of Mohawk Highway, said point being North
89044' 15" West 110.08 feet and North 290 13' 7" East ]45.31 feet from the Northeast corner of
Block 6, MORA WI( FIRST ADDITION, as platted and recorded in Book 15, Page 23, Lane County
Oregon Plat Records; thence along the said Easterly margin North 290 13' 7" East 50 feet; thence
leaving said Easterly margin South .890 48' 2711 East 100 feet; thence parallel with'said Easterly .
margin South 290 13' 7" West 50 feet; thence North 890 48' 27" West 100 feet to the point of
beginning, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian in Lane
County, Oregon.
PARCEL IV:
Beginning at a point NorthOO 03' East 287.16 feet and 1450.7 feet North 890 57' West of the
Southeast corner of the A M. Powers Donation Land Claim No. 69, Township 17 South, Range 3
West of the Willamette Meridian; thence North 00 03' East 146.73 feet; thence South 890 57' East
465.3 feet; thence South 0003' West 146.73 feet; thence North 890 57' West 465.3 feet to the place
. of beginning, in Lane County, C?regon.
EXCEPT that portion described in deed to the City of Springfield, recorded July20, 1959, Reception
No. 60561, Deed Records of Lane County, Oregon.
PARCEL V:
All of Block 6 in the MOHAWK FIRST ADDITION to Springfield, Oregon.
ALSO that portion of vacated Centennial Boulevard which would inure to said parcel in accordance
to law, as vacated by Vacation Ordipance No.1808, recorded November 22, 1963, Reception No.
.. 34] 55, Deed Records of Lane County, Oregon.
EXCEPTING THEREFROM: Beginning at the Northeast corner of Block 6, MORA WI< FIRST
ADDITION to Springfield, as platted and recorded in Lane County Plat Records; run thence North
890 45' 30" West 93 feet; thence South 290 13' West .150 feet parallel with and along the Mohawk
Highway; thence South 89045' 30" East to a point which is South 00 13' 30"West below the point
ofbeginning~ thence North 00 13' 30" East to the place of beginning, in Lane County, Oregon.
ALSO EXEPT: Beginning at the stone marking the Southeast corner of the A. M. Powers Donation
Land Claim No. 69, Township 17 South, Range 3 West of the Willamette Meridian; thence North 890
48' 27" West 1449.97 feet along the South line of said Donation Land Claim No. 69 to a point; thence
North 00 13' 30" East 99.15 feet to an iron pipe marking the Initial Point of MOHAWK FIRST
ADDITION according to the,plat thereof recorded in Volume 15, Page 23 of plats of the Records
of Lane County, Oregon; thence North 89041' 53" West 308.64 feet to the TRUE POINT OF
BEGINNING; thence North 890 41' 53" West 200.00 feet along the South line of Block 6 of said plat
to an iron pipe set on the Easterly margin of Mohawk Highway; thence North 290 13' 07" East
165.00 feet along the Easterly margin of Mohawk Highway to a point; thence South 70022' 19" East
EXHlBIT A
Page 2 of 3 pages
I.CF
.4-26
" 135.00 feet to a point~ thence South 40 24' 51" West 100.00 feet to the true point of beginning in
. Springfield, Lane County,Oregcm.
ALSO EXCEPT: Beginning at a point being North 89041' 53" West 308.64 feet and North 4024'
51" East 100.00 feet from the Initial Point of MOHA WI< FIRST ADDITION, as platted and
recorded in Book 15, Page 23, Lane County Oregon Plat Records, being in Township 17 South,
Range 3 West of the WilIamette Meridian; run thence North 4024' 51 "East 4.15 feet; thence North
70022' 19" West 133.24 feetto the Easterly line of Mohawk Highway; thence along said Easterly
. . line South 290 13' 07" West 4.06 feet; thence leaving said Easterly line South 700 22' 19~' East
135.00 feet to the Point of Beginning, in Lane County, Oregon. .
ALSO EXCEPT: Beginning at a point 10 feet South 290 13' West of the point of intersection of the
Easterly right-or-way line of Mohawk Boulevard and the prolongation of the Northerly right-of-way
line ofuM' Street, said point of beginning being South 290 13' West 333.7 feet from the Northwest
comer of Block 6, MOHAWK FIRST ADDITION, as platted and recorded in Book 15, Page 23,
Lane County Oregon Plat Records; thence South 600 47' East 85.0 feet; thence North 740 13' East
14.14 feet; thence South 60047' East 5.0 feet; thence South 290 13' West 80.0 feet; thence North
600 47'West 5.0 feet; thence North 15047' West ]4.14 feet; thence North 60047' West 85.0 feet;
thence North 290 13'East 60.0 feet to the point of beginning in Lane County, Oregon.
ALSO EXCEPT: Beginning at a point 10 feet North 290 13' East of the point of intersection of the
Easterly right of way line of Mohawk Boulevard and the prolongation of the Southerly right of way
line or"M' Street, said point of beginning being South 290 13' West 393.7 feet from the Northwest
comer of Block 6, MOHA WI< FIRST ADDITION, as platted and recorded in Book 15, Page 23,
Lane County Oregon Plat Records; thence South 600 47' East 60.0 feet; thence South 290 13' West
100.0 feet; thence North 60047' West 60 feet; thence North 290 13' East 100 feet to the point of
beginning, in Lane County. Oregon.
ALSO EXCEPT: Beginning at a point being South 290 13' West 393.7 feet and South 60047' East
60.00 feet from the Northwest comer of Block 6, MOHAWK FIRST ADDITION, as platted and
recorded in Book 15, Page 23, Lane County Oregon Plat Records; thence South 60047' East 25 feet;
thence South 150 47' East 7.07 feet; thence South 290 13' West 95.00 feet; thence North 600 47'
West 30.00 feet; thence North 29013' East 100.00 feet to the Point of Beginning, in Lane County,
Oregon.
PARCEL VI:
Beginning at a point on the Easterly margin of Mohawk Highway, said point being North 890 44' 15"
West 110.08 feet and North 290 13' 7" East 145.3 i feet from the Northeast comer of Block 6
.
. MORA WI( FIRST ADDITION, as platted and recorded in Book 15~ Page 23, Lane County Oregon
Plat Records~ thence along the said Easterly margin North 290 13' 7" East 50 feet; thence leaving said
Easterly margin South 89048' 27" East 100 feet; thence parallel with said Easterly margin South 290
13' 7" West 50 feet; thence North 890 48'27" West 100 feet to the point of beginning, in Section 25,
Township 17 South, Range 3 West of the WilIametteMeridian in Lane County, Oregon.
EXJnBIT A
Page 3 of 3 pages
Lei'
4-27
f'
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1 7~ 3.....;~:r-
O-..iJI<
~.. "...... tr"..:
shill. ~inai1:er .ealle~ oe -:'rant01". in c:onsi&>..ratial c! ":"e:\ ~1.Ld-"'S (SlO.uO)
anc1 oC1er valu.!ble ccnsi.Ce!11tia'lS to it: ~ ~ '!he ,irst: !la.timal 3ank of 1)re6Cl'\.
Pcrtlard, a natia'dl. banIdn~ assoc:iaticn. ~ereina1'ter cal~ ~~a."\tee, does
. l\ereb'! ~, ~, sell ar.d ~! untO said ~t:ee, its suc:cess~ and
assip,the folloodng ~ed recU pro;ert'l in !.ane Ccunt:'. I)refal, tC)oo'olit::
3eginninv, at t!-.e S'tlr.e :lIUl'..i."\~ ~e So.1~east comer of tile
A. ~. PcwerS OcnariCl!'.. Land c:Lai::l :fc;l.. 69. '!'oms;-u.1Jl Sa.J.~..
?an&e_ 3. ..les~ of oe ..hllar.'arte ~en.c:lia."\; ~el".c:s.
!f 89" 118' 27" 'J l1t49.97 Eeet'alal~ ~ sout:l1ineof' saiu :'a\atien
Land ClaiJn ~ro. 69.1:0. a point; ~.
;....
.. .
" o.
K 29" 13' (17" r: 165.00 feet alcng the easterl~l ~ of ~
~ to a point. 'thenCe.
S 1'1)0 22' 19" E 135.00 feet 1:0 a point:; thenCe.
S ... 2'" 51"'/1 100.00 feet' 'to the 1:N! poin't of ~"lg in S;ring-
field. Lane Cc.un1:'/. Oregen.
Also ~ oIII'l e;ssemen't ap~t: the-eto far- t:\e ~)Cl\3ive use fat"
cus'tl:llllr ;midng. subject 1:0 and upon the tet'!1'5 and c:cnditions het'ein stated.
of the fol1cwing ~ ~1. hereinafter called ~ -?arld..~..\rea":
8egiming ~ the stone marl<ing 'the SQ.Itheast cxr.er of the A. ~.
Pcwars OeM ti.cn Land Clai:lI No. 69. Tomshi.? 17 Scuth. ?.an(;e 3 ;.Jcst
of the '..Ji1J,amette ~...dian; t!-.ence :t 89" ..8' 2"'~ l1f.ll9.97 feet:
oIlc:lng the scuth line of said CalatiCl\ [.and Clai.2 ~!o. 69 to a iXli."n;;
1henCl!. ~ O. LJ' 30" E 99.15 feet to an irat ;n..,e marId.ng the
Initial Paint of !'tX1awk first '.addi ticn aca:lI'ding to tt'.e plat 'thereOf
I'lJCOl"ded in. Volur.e 15. Page 23 of ,tats of the records of lAme
CoArtY. Oregcln and the TP.UE: po:ctr Of aEGI!;NI::G: tt'.ence. I: 890
Ill' 53'"'11 283.6lt feet aJ.c:r.Z the sarth line of 31cdc 6 of 'Said ,la~""".' f::::71
.10 . paint I!liIrlced by an iron ~in;. ~. ~i 00 18' 07" E 92.77 V : . -'7 <3
.feet to a point Illi!IrIced b1 an irl;n pin; tl'lence, !I 500 ~6' 53" 'il
152.09 feet 1:0 a lead ;Uug set en ~easterl~r lIIl11"gi.n of ~
Hiatwa'/; therIce ~I 29" 13' 07" ~ lOD"'Feet a3..cng the easterly !IIIr';in
~ ~ ffiat1oIaY; 1:henCe S 600 ~, 53- E to the east Line of
BJQck 6 of said plat; thenCe S alalg tne east line of 3loc!<: 6
oL said p1a't 'to the TF!JE PQM OF 3EGI1:mfG.
1
I
.-I,.P?~~l DtI!)
..~fO,oI ,AU. ~I ?;{ 7-1ES~ ?F-S:::iTS, That: ~<.r, !."\YeSeen~ r..o., a co~
II 0" 13' 30" E 99.15 feet: t:o an iron ?i;:e marlcin~ the Initial Point
of :~ F'iI'st. Addition ~ to tlle ;>lat ~reof ~rCed in
VcluN 15. ~ 23 of ,latsof ~e ~ of tale Cc:un't'h Oregtil;
thenCe.
If 89" "1' 53" 'II 308.6" feet to the T?UE !"Jnrr OF 3r:GI:;Nr:~: .thence.
K ego ..I' 53" 'J 200 ~oo feet: aleng tne So.1th line of" 3100< 6 0: said
;a}at -:0 an iron ~;:e set on ee easterl~. ~ of ~~.k :iiltr..ayi-
~. .
'the oaricing U'U will ~ ~de ~ ;aricin3 f01" ~1:s in
the !Iar'th c.te _ P'.c!<ay ShcppiJ\g Center. situa'te to ~ ~ and east of the
plIl'fcinc...... It is Curther agreed:
-1-
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.. .. 1. ~ ~ ....-4 does nee ab-..rt :.I?CJ'\ ~e ~l !\ere..'J ~.!ed. ~e
~.ram:ar ~~!:S for it:oeLf. i!:S suCcessors and as..i?r:S no't to otw;~ t.'le :.se
of"," """"'...... by "'!' __ or ""!_ or -.""'-so """" ~." """"'"
C"ed cr l.Qa\ the L3nds lYlnG be~en the ~ ~ and t:te lanes l':~b-I CO'lve>}ed.
2. ~ ~anUe. does n<< ass~ ar:'.1 c1J1:'J to lIlaint:a.in or- L-:;Jrn-.."! the parldng
.... cr to c:c::m:ri.but:e to the c:'OS1:' o! ~'tena."lCI!. It c:cvenants rr;r itself. its
~ ~ assif:1S. tlO't to do or cause to be dale arJofto'U.ng wtUc:!l int:er'fe1"'!!S
"'" the ---""i"" .... or "'" :>U<dno ..... 'a --.. """"'" ~? "'" """_.
its SUCcessors and assiinS and 'their tenants in ~ shctlPin6 center. .
. 3. n. '"'G8l:1lII,t ~ g:-anted shall ~n to t:-.e ~I hereby
~ so latg as ano.l banIcing hQJse QCnstnlcted !ly ~.. Gran'tee.. on said ;n'O~.1
hIln:bY COlYeo~ sh4ll ~. .:.
.--- .'. ..--......
'1'0 iil\VE A'lO TO lI>[.O the above desc:ribec! ana ~~ ~ses ana Privileges
WIta the said ~tee. i t:s !I:I""'-ss~ ana assigns.
Mt u.. Gnm'toto does ~nant' to and with the Grantee, its SUc:cessorsand
assigns.. . ttlat ~. ~tor is la.ifl.Ll1y seized :in fea Si/lli)le of the ~e ~am:ed
~ and t:-.e ~g c1r'ei1 here~e ~. that the abore granted
~es iIl'e.Eree free all ~ ~ 'the ~ are.J is free !ran all
~ ~ · certain III:1r'tliFl~ to the :qui table Lite .Issurarx:e Sc:cie'ty
or ... !hi.... s..... - '" ""- 23. 1962 in ... o{f;", of ... """.,
"'- or r.,. """"'. "'-n. as z,.",,_. ..."'S, ..... 220" O{... _ of,. /,oS
.. ~ . ---5-w:/ (.f 'Z.1{6
~ of sCd County and S'tate and. ~t the ~ will and its suo::esson
and assi(lJ\S sh4U WiIn'ant: and f01:'f!!Yer defend the above ~ted ~ and
. ~ ana and fNI!!r'.1 ~ and PoJn:el thereof aliFloinst the lawful. c:Jai:lS and
cIea&nds of all ~ Wflc:ln&oever. except as afClr'esaid. ..
IN:~ ifOmr-. the Groantl:r has _ed this deed to be cecuted on
i'ts .bena.lf by aU of its nenDers.
9 fS71s
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" .. i. - I ~.. .... '" this ~ k..... or (1 ~ 1963. bof"",
-. the lftIers:igned, · notary PJblic in and toe- ~~~ ~ s~. ~lly
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.. SPECIAL WARRANTY DEED
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_..,..... _ ...... ..._=....t1QIIM<.._-..-_~......_l._.......""'.II>>-
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IPCcifi~UY !oCt (orth herrin: .'
. BesiJlnir.g at a poillt being flort.b 8<t' 41' 5'" West. . ))8.61.
feet and Ilorth ..0 2l.' 51" East. 100.00 feet !roll t.he Init.ial
Point or Mohawk First lddition, all plat.t.ed and recorded in Book
is, Pace L.J, ~". yy-.-J v. .U Plat Records, being in To.mlltdp .
17 S~t.h, Ran!;e 3 West. or t.he Wil].al1leUe. Meridian; run t.hence North
1.0.21.' 51" East 1..15 feet.; thence Horton 7r:P 22' 19" West 133.24 teet
t.o t.he East.erly line or Mohawk HiGhway; thence along said Easter~
line Scnt.h 2CP 13' 07" West. 10.06 teet.; thence leaving said Easter13
line Scnth 7r:P 22' 19" East. 135.00 teet t.o the Poillt or BegiM1n&,
ill Lane CQl,Ult.1. Oreg... tI (, · lit.. 1111 II a ). n ~
I" '''SU'F'C.~N' _~. CON.".u<< QUCI"" 'ON - ..OO'TIOH.... ....01E1
111e ""J ,,">refl)' j, f'~ 11"11I ~\lI.n\:um"ranc"Oc:tpt condit.loM, .x:-e:;tr1ct.ions, 8Ild eallelllllJlt.1I
or record, plll.ll lIlOr:t-gOlge recorded Mat. 1S. 1912. Il.ecept.ion No. 99196.
true .:on,i..h:,:,liun (Ill' 'hi- (0.ey3n.:( i_ S.~.1QQllQg...
Da'CIJ ....A~!t~..~.................. 19 .1L..... .
IleUl INVES'IMENl' CO.
!!>",*.g~~J.":~.,,.:;;..7'..-_..p.~~--.;
~1::;.z,1J ,. ." ,:' Jt1,oJ' partner .
_ ...'" "fd'~'.Jt:--_.... ?.(;~:,._.._..........._---
. ~
r~rso"",lly apJ'Carcd tbe .bo.e I13mcd
\
.~.~'(i~~'~liG?N. County of ullC."
; .;j ")~..,. '''~~, ", J. I)ollglU Mi:1at and MUaIl Be Mclat
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pojd ~......~.'''' I~"'" ""'......n. '" _""'1<.- """",,,, ... ........ 1<1'" -, ·
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\\ .tl>.I,~.a W~.' .1i... ............. A.D. 19.7!L..... . ....,.:.d~..,..(:.!...:.....:..:.1:_....4.:~.......... . (~---_.'
. . .... . . ~f' . .........-.-...-------
...~1~ ~1""l!'ml'''.it.~~ 6/'12/78 \IlaIary Publ;,; rot o.~. .
'.. "r r.t\'C. .... .
'.. ..:.......... CASCADE TITLE COMPANY
F..... N!a- ".
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1 075 Oak SIl"1
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GBANT OF EASJ:KENT FOil CONSTllUCnON
AND MAINTENANCE OF WATER. MAIN.
ENOW ALL MEN BY THESE PRESENTS: That (or and ill eOl1dd.eratl.ol1
of~ a_ of Tell Dollara ($10.00) al1d other yalable cOllsideratioll to it ill
1aalld paid, THE nRST NA nONA L BANK OF ORECiON, POR. TLAND, a
atioaal baDldI1l a..ociation. Grantor.cloe. hereby iral1t. baria1n. aell and
cOllver lllato McKAY INVESTMENT CO.. a p&rt1lerabip, the aole and onLy
pan-ra illwblch a1'lI Miles E.W:c:Xay. Elea.llOr P. McKay, 1. Douglas
wc:ltaraQd Linda Le. McKay, tu Grantee herein. iUluccoa.ora and ...ill18,
eM rilht to IIxcavate (or. illstall. :replace (of the initia.l or allY other size),
~,..bl.. &ad ..e aD Uollderaround malA or pipeline (or the. II.. ot conveying
water, and alao a rilbt of _y therefor. tolether..nth the riaht of i\1lre..
tJ.Nto and eares. therefrom. ia, on and acro.. the hereinafter de.cribed
strip of Iaaci situate ill Lal10 COl&llty. Orelol1. schematical~r ihoWll on
. -"[-
J:zbiblt A, attachad hereto aad expressly made a part hereof by referellce
.. thoulJa full, .et tortk Mreil1. &ad 1D0re p&rticll1&rly d.escrilHd a.. (oltows:
A .trip of laDd 6 Ceet ill width lpl1l acljacellt to and ea.t oC the
_.'-rlrll... ot the (oLlowiUC described tract of land and ex.
. talldl.1l& from the aoutherly une to thellortherly line thereof:
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V
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BeplUlil1l at the atolle markilll the eoutMaat corner oC the
A. W. po_re Doaation Lud Claim No. 69, Towaabip.F
s~tii. Jl.aziC...3-.lfe.t oC the Wiltamette Weridian. thellce.
N.,,*4i'-17" .... 1449.97 feet alo\1l the.oath UDe of said
Do_tiOIl Lalld Claim No. 69 to a poiat; theDce. No O. 13' 30"
.. r'~ .",- 15 fe.t to aa mll pipe JIII& rkilll the Initial Poiat of
....~olt.awk Firat additiOll accordilll to the plat thereof recorded
tia. yUl. 1S";"p1tfe""'Z3 at. plata oC the record. of Lallll County,
Ore loa; thellCe, K 8'. 41' 53" W. 308.64 feet to the TllUE
pOINT OF BEGINNnfCi: thenc8. N:' 89. 41' 53" w. ZOO.OO (eet
aloae the aOl&th l1u of..~~k~.oC said plat to all iroll pipe eet
Oil the .aaterly marlillo1'Y.wtt H1chwa,.; thence, N. Z9.
13' 01" E. 165.00 C.et alolla the eaaterl, marlin oC Mohawk
IIllllwar to a polat; theIlC.. S. TO. ZZ' I'" E. 135.00 feet to
&poillt; tbeac:e.S. 4. i4' 51".... 100.00 feet to the tr1lC poiat
oC Mpaaia& ill Sprilllfleld, w... COW" Oreloll. .
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npl&c:lIIDea.t. aa expeclitioualy aa poa8ible and to coordia.ate to the
. .
faU.at estou.t practicable with Oraa.tal"a use oC the premises.
TO HAVE AND TO HOLD aU the righo aa.dprivilegu aforuaid
IUItO the _lei Grau.tee. ita allCeenora aa.d a.siiDS.
IN WI'l'I'iESS WHEREOF. th8 Grantor baa callaed thu. pruenta
&0 be execatecl by ita corporae.i offic~u the~lla.toelul,. authorized au
I.
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10 co'l'pOrate ..al to be un.ato affixed thia 24th da.,. oC JUIl., 1963.
THE FIllS"1'NATIONAL BANK OF
OUGeN, POR.TLAND, a DAtioa.al.
baaJdq anoci OQ
Br
(Corporate Seal) B1
STA TJ: OF OREGON )
) ...
COUNTY OF MULTNOMAH )
Oil thi.~. 24th day oC 111M. 1963. beCore me appea.red
c. !f~ c.artre1i - . aa.d I.. V. tenRfield
both to D1e pe.J'soa.ally kDOWll, beilll dilLy aworn did aa.,. that he. the
Aiel c. H. Cartrell b the Vice heddent
_cl_. the .aiel I.. V. Lea.gfie1d is the Assbtant Vice hesi-
clent , of the withia aamed corporatioll, and that the seal
ams.d to aaid inatl'uznellt ia the corporate seal of aaiel corporation
alld that aaid. iu.strlUDellt was sig_d and aeded in beb.a.lC oC lIaid corpora-
t!.oa.bJ aathority oC ita board of directors. &lid that C. H. c.artrell
aod L v. Leqfield ack_wtedgeclaaid illettum.ellt to be the
free au.d 'IJ'Olllutar,. act _d. deed of aaid corporation.
IN TES't'IMONY WHEREOF. 1 bave here_to aet my haDd and
alfbIld. -J .eal this a,. and fear firat in thia. -,. certificate. writteu..
_Gi...... A j~j. -1-< ,/7 ~~""
. 'Notary Public for Orolou. .
W,. Cammf,Uioll Ezpiru: k(JV.,J f -I ~( ,
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15462
3.
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~ _ _..' __ ._;._""""I""='S'JJ.I"........ .. -- ....~... ..,,~_.... ---~_. ---
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'4-~ Jt1D8 2S,,1963 Reel
,..
- --~-- --_.--- _.,'~
Title Officer: RD Order: 912425
Comment:
Station Id :CUIM
Branch :DSE,User :FAll
. After Recording Return to: .
McKay Investment Company
2350 Oakmont Way, Suite 204
EUQene. OR 97401
.-----
Dlvialon o( Chie' Deputy Clerk
laM Count.y Deed. and Recorda
...
Uatil further notice, send tas statements to:
No change
~~-09~~7
~llllllnIIIIIIIIllIIIUIIIIIIIIIIIIIII~IIIII. $66,00
1lI79!8620eS00933!570810087 .
... 11/22/2005 02'34'10 p.
RPR~ Cnt::1 St.n=I.. CASHIER 07 " 11
$45.00 IU.OO $10.00
DECLARATION OF PROPERTY LINE ADJUSTMENT
AND DEED
I
McKay Investment Company, LLC, an Oregon limited liability company (McKay), is the
owner of two adjoining tracts of property referred to herein as Tract 1 and Tract 2. McKay is
making this declaration to set an adjusted boundary line between Tract 1 and Tract 2 to comply
with City of Springfield land use regulations and the provisions ofORS 92.190(4).
The legal description of Tract 1 prior to this adjustment is described on the attached
Exhibit A.
The legal description of Tract 2 prior to this adjustment is described on the attached
Exhibit B.
Following this lot line adjustment, the description of Tract 1 is described on the attached
Exhibit C. Following this lot line adjustment, the description of Tract 2 is described on the
attached Exhibit D.
The portion of the legal description which depicts the new adjusted line between Tract 1
and Tract 2 is underlined on the attached Exhibits C and D, respectively.
McKay conveys to McKay the property described on Exhibit C and McKay conveys to
McKay the property described on Exhibit D.
The true and actual consideration for this deed is none.
TIllS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY,DESCRIBED
IN THIS lNSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULA nONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE mLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES, AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930.
Declaration of Property Line Adjustment and Deed . 1
F:\10BS\62OO's\6264\WQRD\DeclaralioaPropertyLme AdjustmentAndDccd 112105.~
LANE,OR
Document:BLA 2005.93357
Page 1 of9
Printed on 9/29/2006 10:01:31 AM
4-33
Branch :DSE,User :FAII
Title Officer. RD Order: 912425
. Comment:
Station Id :CUIM
.. Dated this 22nd day of November, 2005.
McKay Investment Company, LLC
Be~M~~.
STATE OF OREGON )
)ss:
County of Lane )
.. N1... . .
This instrument was acknowledged before mc, this 1.2- day of November, 2005, by
Linda McKay Korth, a Manager of McKay Investment Company, LLC.
., OFFICIAL SEAl.
GAlL M LIsa
.\ .} NOTARY PUBUC-OREGON
, . COMMISSION NO. 354792
MY COMMISSION EXPIRES FEB \.. ZOO&
~~
Nofury Public for Oregon rt.
My commission expires: ~I 0 t,
Declaration of Property Line Adjustment and Deed - 2
F:IJOB5'6200's\6264\WoRI>\DeclaJntionpertyLine AdjustmentAndDeedl1210S.doc
LANE,OR
Document: BLA 2005.93357 .
Page 2 of9
Printed on 9/2912006 10:0 I :32 AM
4-34
Branch :DSE,User :FAll.
. Title Officer: RD Order: 912425
Comment:
Station Id :CUlM
LEGAL DESCRIPTION
BI-MART I TACO BELL PARCEL (TRACT 1)
PRIOR TO ADJUSTMENT
PARCEL II:
:f~'" . .
BEGINNING AT A POINT wroCH IS NORTII 0003' EAST 433.89 FEET FROM A POINT
ON THE soum LINE OF THE ALBANSON M. POWERS DONATION LAND CLAIM NO.
.69, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, WHICH
LAST MENTIONED POINT IS 1450.1 FEET NORTIl89057' WEST FROM mE
SOUTHEAST CORNER OF SAID CLAIM, FROM SAID BEGINNING POINT RUN NORTH
0003' EAST 586.93 FEET; THENCE SOUTH 89051' EAST 465.3 FEET; THENCE SOUTH
0003' WEST 586.93 FEET, THENCE NORm 8!)o 57' WEST 465.3 FEET TO THE PLACE
BEGINNING, IN LANE COUNTY, OREGON.
EXCEPT: BEGINNING AT A POINT ON TIlE EASTERLY MARGIN OF MOHAWK
HIGHWAY, SAID POINT BEING NORTH 89D44'15" WEST II O.OS FEET AND NORTII
29013' OT' EAST 145.3 1 FEET FROM TIlE NORTHEAST CORNER OF BLOCK 6
MOHA WI< FIRST ADDmON, AS PLATTED AND RECORDED IN BOOK 15, PAGE 23,
LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE SAID EASTERLY
MARGIN NORTH 29013'OT' EAST 50 FEET; THENCE LEAVING SAID EASTERLY
MARGIN SOUTH S!)048'2T' EAST. 1 00 FEET; THENCE PARALLEL WlTIl SAID
EASTERLY MARGIN SOUTH 29013'07" WEST 50 FEET; mENCE NORTH 89048'2T'
WEST 100 FEET TO THE POINT OF BEGINNING, IN SECTION 25, TOWNSHIP 17,
RANGE 3 WEST OF THE WlLLAMETIE MERIDIAN, IN LANE COUNTY, OREGON.
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO TIlE CITY OF SPRINGFIELD
RECORDED FEBRUARY 20,1959, RECEPTION NO. 60561, DEED RECORDS OF LANE
COUNTY, OREGON.
.1
i
PARCEL III:
BEGINNING AT A POINT NORTIl 89057' WEST 1450.7 FEET AND NORTIl 0003' EAST
850.00 FEET FROM TIlE SOUTHEAST CORNER OF THE A.M. POWERS DONA nON
LAND CLAIM NO. 69 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE
WILLAMETIE MERIDIAN; RUN THENCE NORTH 0003' EAST 110.4 FEET; THENCE
NORTII 89057' WEST 14.75 FEET TO THE SOUTHEASTERLY LINE OF THE COUNTY
ROAD; THENCE ALONG SAID LINE OF COUNTY ROAD SOUTH 29009' WEST 194.97
FEET; THENCE SOUTH 89057'EAST 109.6 FEET TO THE POINT OF BEGINNING, IN
LANE COUNTY, OREGON.
LANE,OR
Document: BLA 2005.93357
Page 3 of9
Printed on 9/2912006 10:01:32 AM
4-35 .
Branch :DSE,User :FAll
. Title Officer:Ro Order: 912425
Comment: .
Station Id :CUlM
EXCEPT: BEGINNING AT A POINT ON TIm EASTERLY MARGIN OF MOHAWK
HIGHWAY, SAID POINT BEING NORTH 89044'IS"WEST 110.08 FEET AND NORTH
29013'07" EAST 145.31 FEET FROM THE NORmEAST CORNER OF BLOCK6,
MOHAWK FIRST ADDmON, AS PLA TIED AND RECORDED IN BOOK 15, PAGE 23,
LANE COUNTY OREGON PLAT RECORDS; TIIENCE ALONG THE SAID EASTERLY
MARGIN NORTH 29013'07" EAST 50 FEET; THENCE LEAVING SAID EASTERLY .
MARGIN SOUTH 89048'27" EAST 100 FEET; TIIENCE PARALLEL WITIl SAID
EASTERLY MARGIN SOUTH 29013'07" WEST SO FEET; THENCE NORTIl 89048'27"
WEST 100 FEET TO THE POINT OF BEGINNING, IN SECTION 25, TOWNSHIP 17
SOUTH, RANGE 3 WEST OF THE WILLAMETIE MERIDIAN, IN LANE COUNTY,
OREGON.
PARCEL VI
BEGINNING AT A POINT ON THE EASTERLY MARGIN OF MOHAWK HlGHW A Y, .
SAID POINT BEING NORTH 89044'IS"WEST 110.08 FEET AND NORTIi 29013'07" EAST
145.31 FEET FROM THE NORTHEAST CORNER OF BLOCK 6, MOHAWK. FIRST
ADDITION, AS PLAITED AND RECORDED IN BOOK IS, PAGE 23, LANE COUNTY
OREGON PLAT RECORDS; THENCE ALONG mE SAID EASTERLY MARGIN NORm .
29613'07" EAST 50 FEET; THENCE LEAVING SAID EASTERLY MARGIN SOUTH
89048'2T' EAST 100 FEET; THENCE PARALLEL WITII SAID EASTERL Y MARGIN
SOUTH 29013'07" WEST SO FEET; THENCE NORTH 89048'27" WEST 100 FEET TO 11IE
POINT OF BEGINNING, IN SECTION 25, TOWNSHIP 17 SOUTH. RANGE 3 WEST OF
THE WILLAMETIE MERIDIAN, IN LANE COUNTY, OREGON.
~ ;.~
LANE,OR
Document: BLA 2005.93357
Page 4 of9
Printed on 9/29/200610:01:32 AM'
4-36
. Branch :DSE,User :FA11 .
Title Officer: RD Order: 912425
... Comment:
Station Id :CUIM
EXHIBIT "B"
LEGAL DESCRIPTION
MCKA Y MOHAWK PARCELS
PRIOR TO ADJUSTMENT (TRACT 2)
PARCEL 1: .
BEGINNING AT A POINT ON THE SOUTII LINE OF mE A.M. POWERS DONATION
LAND CLAIM NO. 69, TOWNSHIP 17 SOUTIl, RANGE 3 WEST OF THE WlLl.AMETTE
. MERIDIAN, 1450.7 FEET NORTH 89"57' WEST OF THE SOUTHEAST CORNER
TIiEREOF, THENCE NORTH 0003' EAST 287.16 FEET; THENCE SOUTH 89057' EAST
465.3 FEET; THENCE SOUTH 0003' WEST 287.16 FEET; mENCE NORm 89057' WEST
465.3 FEET TO THE PLACE OF BEGINNING, IN LANE COUNTY, OREGON.
EXCEPT mAT PORTION DESCRIBED IN DEED TO THE CITY OF SPRINGFIELD
RECORDED JULY 25, 1957, RECEPTION NO. 18049. DEED RECORDS OF LANE
COUNTY, OREGON.
ALSO EXCEPT THAT PORTION DESCRIBED IN DEED TO THE CITY OF SPRINGFIELD,
RECORDED NOVEMBER 1,1971, RECEPTION NO. 70906, OFFICIAL RECORDS OF
LANE COUNTY, OREGON.
TOGETHER WlTIITIlAT PORTION OF VACATED CENTENNIAL BOULEVARD WHICH
WOULD INURE TO SAID PARCEL IN ACCORDANCE TO LAW, AS VACATED BY
VACATION ORDINANCE NO. 1808, RECORDED NOVEMBER 22, 1963, RECEPTION NO.
34155, DEED RECORDS OF LANE COUNTY, OREGON.
EXCEPT THAT PORTION DESCRIBED IN DEED TO THE CITY OF SPRINGFIELD
RECORDED JUNE 11, 1963, RECEPTION NO. 13833, DEED RECORDS OF .LANE
COUNTY, OREGON.
PARCEL IV:
BEGINNING AT A POINT NORTH 0003' EAST 287.16 FEET AND 1450.7 FEET NORTII
89057' WEST OF mE SOUTHEAST CORNER OF THE A.M. POWERS DONATION LAND
CLAIM NO. 69, TOWNSHIP 17 soum, RANGE 3 WEST OF THE WlLLAMETTE
MERIDIAN; THENCE NORm 0003 'EAST 146.73 FEET; THENCE NORm 89057' WEST
465.3 FEET TO THE PLACE OF BEGINNING, IN LANE COUNTY, OREGON
LANE,OR
Document: BLA 2005.93357
Page 5 of9
Printed on 9/29/200610:01:33 AM
LANE,OR
Document: BLA 2005.93357
Page 6 of9
Printed on 9/29/200610:01:33 AM
4-37
Title Officer: RD Order: 912425
Comment:
Station Id :CUlM
EXHmIT"C"
LEGAL DESCRIPTION
BI-MART I TACO BELL PARCEL (TRACT 1)
AFTER ADJUSlMENT ..
BEGINNING AT APOINT ON THE SOUTHEASTERLY MARGIN OF MOHA WI(
HIGHWAY, SAID POINT BEING NORTII 89"44' IS" WEST, 110.08 FEET FROM TIIE
NORTHEAST CORNER OF BLOCK 6 OF MOHA WI( FIRST ADDmON, AS PLA TIED
AND RECORDED IN BOOK 15, PAGE 23, LANE COUNTY OREGON PLAT RECORDS;
AND RUNNING THENCE ALONG SAID MARGIN, NORTH 2~13'07" EAST, 195.33 FEET;
THENCE LEAVING SAID MARGIN RUN SOUTII 8~48'27" EAST, 455.08 FEET TO mE
WEST MARGIN OF 18TH STREET; THENCE ALONG SAID WEST MARGIN SOUTII .
0011 '34" WEST, 273.00 FEET; THENCE LEAVING SAID WEST MARGIN RUN NORm
89"48'26" WEST. 34.65 FEET: THENCE soum 58049'12" WEST. 25.85 FEET: THENCE
NORTH 89"53'24" WEST. 152.99 FEET: THENCE NORm 740:28'08" WEST. 62.1S FEET:
THENCE SOlITH 70006'00" WEST. 30.02 FEET: THENCE NORm 89D46'30" WEST. 141.99
FEET TO TIlE EAST LINE OF SAID BLOCK 6; mENCE ALONG SAID EAST LINE
NORTH 0013'30" EAST, 1 09.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 6;
THENCE NORTH 89044'15" WEST, ALONG THE NORTH LINE OF SAID BLOCK 6,
110.08 FEET TO THE POINT OF BEGINNING, IN SPRINGFIELD, LANE COUNTY,
OREGON.
CONTAINING 3.09 ACRES
'(-. .-
Page 80f9
Printed on 9/29/2006 10:01 :34 AM
. LANE,OR
Document: BLA 2005.93357
4-38
Branch :DSE,User :FAll
Title Officer: RD Order: 912425
Comment:
Station Id :CUIM
LEGAL DESCRIPTION. ..
. SOUTHERLY PORTION OF MOHAWK SHOPPING CENTER (TRACT 2)
. AFTER ADJUSTMENT
BEGINNING AT A POINT BEING NORTH 89"41'53" WEST, 308.56 FEET (RECORD 308.64
FEET) FROM THE SOUTHEAST CORNER OF BLOCK 6 OF MOHA WI< FIRST
ADOmON, AS PLAITED AND RECORDED IN BOOK 15, PAGE 23, LANE COUNTY .
OREGON PLAT RECORDS; AND RUNNING THENCE NORTH 4~4'51" EAST, 104.16
FEET; TIIENCE NORTH 70"22'19" WEST, 133.23 FEET TO THE EASTERLY MARGIN OF
MOHA WK HIGHWAY; TIIENCE ALONG SAID EASTERLY MARGIN NORTII 2~13'07"
EAST, 194.69 FEET; THENCE LEAVING SAID EASTERLY MARGIN AND RUN SOUTH
60047'00" EAST, 90.00 FEET; THENCE NORTH 29"13'07" EAST, 95.00 FEET; THENCE
SOUTH 15D47'OO" EAST, 7.07 FEET; THENCE SOUTH 60"47'00" EAST, 5.00 FEET;
TIIENCE NORTH 29013'07" EAST, 80.00 FEET; THENCE NORTH 60047'00" ,WEST, 5.00
FEET; THENCE SOUTH 74013'00" WEST, 14.14 FEET; THENCE NOftTH 60047'00" WEST,
85.00 FEET TO SAID EASTERL Y MARGIN OF MORA WK HIGHWAY; TIIENCE ALONG
SAID EASTERLY MARGIN NORTH 29"13'07" EAST, 183.70 FEET; THENCE LEAVING
SAID EASTERLY MARGIN RUN SOUTH 89"44'15" EAST, 165.65 FEET TO TIlE EAST
LINE OF SAID BLOCK 6; THENCE ALONG SAID EAST LINE NORTH 0013'30" EAST,
21.71 FEET; 11IENCE LEAVING SAID EAST LINE RUN SOUTH 89"46'30" EAST. 141.99
FEET: ~CE NORTH 70"06'00" EAST. 30.02 FEET: SOUTH 74~8'08.. EAST. 62.15
FEET; THEN~~?UTII ~~53 '24" EAST. 152.99 FEET: THENCE N'bRTH 58"49' 12" EAST.
~S.85 FEET: ~CE SO!JTH 89048'26" EAST. 34.65 FEET TO THE WEST MARGIN OF
18TH STREET: THENCE ALONG SAID WESTMARGIN SOUTH 0011'34" WEST, 692.06
FEET TO THE NORTH MARGIN OF CENTENNIAL BOULEVARD; THENCE LEAVING
SAID WEST MARGIN AND RUNNING ALONG THE NORTII MARGIN OF CENTENNIAL
BOULEY ARD THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89"49'36" WEST,
252.70 FEET; THENCE 2) ALONG THE ARC OF A 1708.48 FOOT RADIUS CURVE TO
mE RIGHT, THE CHORD OF WHICH BEARS NORTH 86019'36" WEST, 208.60 FEET,A
DISTANCE OF 208.73 FEET; THENCE 3) ALONG THE ARC OF A 2317.33 FOOT RADIUS
CURYE TO THE LEFf,THE CHORD OF WHICH BEARS NORTH 86DI9'36" WEST, 282.94
FEET, A DISTANCE OF 283.12 FEET; THENCE 4) NORTH 89"49'36" WEST, 5.42 FEET;
THENCE LEAVING SAID NORTH MARGIN RUN NORTH 0"10'24" EAST, 14.34 FEET TO
THE POINT OF BEGINNING, IN SPRlNGFlELD, LANE COUNTY, OREGON.
CONTAINING 10.99 ACRES
LANE,OR
Document: BLA 2005.93357
Page 9 of9
Printed on 9/29/2006 10:01:34 AM
4-39
..
r Division of.o,i.' Deput.y Clerk . ~~.~n
Lane Count.y De" and R.cords 'wv-J~
~1I1lI~ lllllllllllUnllllllllmn~llll ~I .$31.00
ee'7&e718~20e2! 11/30/2005 11:29:40 An
RPR-DEED Cnt=l Sln=! CASJ.IIER 04
$10.00 $11.00 $10.00
Branch :DSE,User :FAIl
Station Id :CUIM
"'
bJTE. tiJ.~i7f.?ar
After RecordiDg~ to: .
WESTERN nTLE AND ESCROW COMPANY
497 OAKWAY ROAD,STB 340
EUGENE, OR 97401
UDtiI a c:banCe Is requested aD tax statements
shall be RDt to the following address:
CUDDEBACK INVESTMENTS, INC.
PO BOX 5769
EUGENE, OR 97405
I
. wARRANTY DEED - STATUTORY FORM
McKay Investment Company,LLC, an Oregon limited liability company, Grantor,
conveys and warrants to Cuddeback Investments, Ine., an Oregon corporation, Grantee, the real
propcrt)' dcscn'bed on attached Exhibit A.
. Subject to: easements, covenants, conditions and restrictions of record; rights of the public. in
and to that portion of the property lying with in the limits of roads and highways; existing leases;
Declaration of Property Line Adjustment and Deed; easements, setbacks and wood fence as
shown on Preliminary Property Line Adjustment Survey, lob No.. 05-6264 dated October S,
2ooS, by SS&W Inc. Engineers; and Oregon Well Ownership Infonnation fonn recorded at
Document No. 2??o-o13-993, Official Records of Lane County, ifapplicable.
THIS INSTRUMENT WilL NOT AllOW USE OF THE PROPERTY DESCRIBED IN nus
INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRlNG FEE 'ITfLE
TO THE PROPERlY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNlNG DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUITS AGAlNST FARMING OR FOREST PRAGnCES AS DEFINED IN ORS 30.930.
The true coosideration for this conveyance is money and other valuable' consideration. which
is being paid by a ~lif1ed intermediary as part of an IRe 1031 exchange.
Dated this...n-! day of 'J1J~.. 2005.
McKay Investmem Company.llC
OFFlOAl8EAL
.SHANNON M. BURGESS
NCfTN'CY PUBUCoOREGON
" COMMISSION NO. 360823
MY COMMISSION fXPIRES AUGUST 30. 2008
Byt&~
. McKay anager .
STATE OF OREGON. County of Lane ) 55..
This instrument was acknowledged before me on 11011.t~ aq. 2005, by Linda
McKay Korth. Manager of McKay Investment Co .
Warranty Deed - 1
S:lM\MCXA YlCl.LC\BuIiness\Ooddebad<\Wamnl)'DecdII280S.doc:
LANE,OR
Document: DED WAR 2005.95348
Page 1 of2
Printed on 9/29/2006 10:01 :34 AM
4-40
Title Officer: RD Order: 912425
Comment:
Station Id :CUIM .
.
EXBlBIT A .
Legal Description
BEGINNING AT A POINT ON THE SOurHEASTBRLY MARGIN OF MOHAWK
InGHWAY. SAID POINT B:m.TG NORTH 8~44'15" WEST, 110.08 FEET FROM THE
NORTHEAST CORNER OF BLOCK 6 OF MOHAWK FIRST ADDmON, AS PLAITED
AND RECORDED IN BOOK IS, PAGE 23, LANE COUNTY OREGON PLAT RECORDS;
AND RUNNING llmNCE ALONG SAID MARGIN, NORTH ~13'07" EAST, 195.33 FEET;
THENCE LEAVING SAID MARGIN RUN soum W48'27" EAST, 455.08 FEET TO THE
WEST MARGIN OF 18m STREET; nIENCE ALONG SAID WEST MARGIN soum
0"11')4" WEST, 273.00 FEET; THENCE LEAVING SAID WEST MARGIN RUN NORTIr-
89"48'26'" WEST, 34.65 FEET; THENCE SOU'lll SS049'12" WEST, 25.85 FEET; THENCE
NORTH 89DS3'24" WEST, 152.99 FEET;TIIENCENORm 74e-.2S'08" WEST, 62.15 FEET;
THENCE scum 70"06'00" WEST. 30.02 FEET; THENCE NORTH 8~46'30" WEST. 141.99
FEET TO THE EAST LINE OF SAID BLOCK 6; THENCE ALONG SAID EAST LINE
NORTH 0"13'30" EAST, 109.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 6;
1'HENCE NORTH 8~44'IS" WEST, ALONG THE NORm LINE OF SAID BLOCK 6,
110.08 FEET. TO. THE POINT OF BEOlNNING, IN SPRmGFIELD. LANE COUNTY,
OREGON.
LANE,OR
Document: DED WAR 2005.95348
Page 2 of2
Printed on 9/29/200610:01:35 AM
4-41
D854H
WAPJW(N DEED
IQ/Otl fILL MEN B"t niESE PRESENTS, That 1't:1<'a~, I:westlTent "0., a co;dl"'t:nel"-
ship, herei~ter called the ~tor, in c:onsideratial c~ ~e:\l'lctlla.rs ($10.00)
and ot'ler valuab1econsideraticns .to it paid by The rirst :kltimal 3anJc of Onlga1,
Pc:ri:lan<I, anaticnal banldnst assoclaticn. hereinafter callet1 t~e' ra'ltee, does
h ereb'l ~t,' barP,ain, ,sell and ccnvey unto said Cl:'antee, it's ;ol.lcc;:essors and
assip;no;:, the folla./inp descri.bed real pt'Opert'! in Lane Countv. . l')ieeal , to-wi t:
3eginninp' at 'the stene I\1a.rldng the sootheast comer Of the
11,. .... Po.Jers T"onation Land Claim No. 69, TGmship 17 Soon,
.Range 3 '..lest of the ':lilJ.amette Meridian; ~ence.
N 89U 118' 27" .4 11149.97 feet alCllR the south line of.cW,d rmatial
t.and Claisn So. &9 to c1 point; ~,
N 00 13 I 30" I: 99.15 feet to an ira1 pipe llIlUiting the In.t tial Point
of ~ first ^.ddi tial accordin$; to the ;>latthereof recorded in
V olune 15, ~e 23 of ;>lats of the records of !..aIle Coont." ')regal;
'thence ,
NsgG Ill' 53" W 308.64 feet to the TP.lJE f'l'lII-lT or 3cr;I:ittr;r:t.tenee.
N 890 ..I' 53" ~ 200.00 feet along the south line of Block 6 of said.
. :>lat to an ircn pipe set on ~e easter1~' ma~in of :!~.1k :1igh'1IdV; .
thence ,
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~I 290 13' 07" E 165.00 feet alalg the easter1"1 ~n of '''ohawk
Higl'aoray to a point; thenc:e,
S.700 22' 19" E 135.00 feet to a ?Oint. t~nce.
S ,+0 2'" 51" i., 100.00 feet to the 'mJe ?Oint of :>e&inni..'a in Spring-
field. Lane Countv, !)regal. .
.A~SO. an easement appurtenant thereto for 6e non-e)<<:lusiv"!. use for
custaner ~Ilf.. subj'eC"t to and upon t."e terns and c.1Xlditions ~in staterl,
of t.~ folleuing described ~1, hereinafter called the "?ark.in~ Area":
i3eV,inning at the stale rrarlcing the sootheast corner of tile A.. ~.
Po.oers l:lcn1 tial 1.and Claim tlo. 69, To-mship 17 South, ?i11lf>e 3 .o/ast
of the '.4i1lamette ~ridian. thence :: 890 148' 27" ., 11f1l9.:l1 feet
alaw. the sooth line of' said lkr.atioo Land rlaim :!o. 6~ to.:l ;JOint;
thence..:-IOo 13' 3Q" I: 99.15 feet to a.'1 ircn pipe marid.'1g tl'l~
Ini tial Point of "bhawk ri:'S't ,Adell rial. aC<Xlr'ding to the ;tlat thereof
recorded in Volume is, Page 23 of ;>lats of the records of l.ane
Coun'ty, nregal and the TRUE POIlfr or 9E.~!JU~r.: thence,:: 890
141' 53" \~ 283.614 feet aloop. the sooth line of 910ck 6 of said ~lat
to a point marlced ~ an it'al ~in. thence, ti 00 IB' 07" 1.: 92.77
feet to a pointlll!lrlcedby an iron pin~ thence, 'I 600 116' 53" .~
152.09 feet to a lo!ad plu~ set on the easterlYIMI'l').n of ~k
Hip?tJ.Iav; "thenoe I! 290 13' 07" !: 100 feet alalg the easter11' IllEI.X'S;in
of "ohc!l<< !lighway; thence S 600 ..6' 53" E to the east line of
Block 6 of said plat; thence S al~ t~e east line of 310ck 6
of said :>1at to the T1'IJE POINT or BI:r!:::U:lG.
The ~i1lR area will also ?rovide custCJlet' ~g for marchan'tS in
t.'le ~lort!1 ~ate - t'<:!(ayShOj)pin~ renter. situc1te to t.~ north and east of the
;larlcing area. It is furtlojer ap;reed:
-1-
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, ; ',; .:~...~. J',,~,:,,~~~~~ ~,~ ~~~ ~>if~'; '. ~~~ '. ::"::
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... 1. 'the ~ ~~ ~~~ tho. parcel hereby conveyed. The
GNntor COVi!l'Wlts for 1tself" .1.ts SUQQeSSOI"3 and ass:r.gns n:7t to obstnlc:t the use
. of the parldng area by the cotl$1:n1ction of buildi~ or O1:hendse upcn the parldng
area or upcn the landS .lyims betw&$ the pari<ing area. am the lands hereby .::cnveyed.
2.. The Grantee dGlesl. not assune arrj duty to rraintain or improve the parlci.ng
area eX' to ccntribute to 'the-cost of. mai ntenance. ! t cc:wenants for itself, its
S'lCceSScrs and assip, not to do or cause to be done anything which interferes
with the I'lClI'1-eXClusive use of the parl<ing area fer custarer parlcing ut the Grantor,
its successors and assigns ani their tenants in said shc,ping center.
3. The Eiasernent hereby granted shall apperc.:.n to the property hereby
conveyed so loog as eny banIcing hwse c:cnstxuctedby the Grantee 00 said ptQperty
hereby caweyed shall sttmd.
... 'In HAVE AlfD TO HOLD the above desccibed and granted premises cmd privileges
.unto the said Grantee, its sucoassorsand assiWlS.
And the ~rantCt' does cavenan.t to and with the Grantee, its successors and
assigns. that the ~rantor is lawfully seized in fee simple of the above granted
~es ani theparldng area hereinabcYe described, that the abcNe granted
premises are free frem all enc\JIbrenceS and the parldng area is free frcm all
enambraneea except a Certain 1Ia't\iil88 to the Fqui table Life Assurance Society
of the United StateS recorded on NcwerJlber 23, 1962 in the office of theCoont'j
.. Clerl<of Lane Coonty, ~. as Ins~t ,9080S, Peel 214 1, of the Records of
!1ort:~s of said County and State and that the r;ranta' ,,,ill and i to; sucx:essors
and assiws sl'.all warrant .;00 forever df>fen:1 the above ?;r'tVIted pre'll.l.se'i cUld
parlcing area and every part and parcel thereof against the lawful claiJrs an:!
deIrands of all persons whatBoever, except as aforesaid.
m .fITNESS ioI'dEREOr, the C-:ra....tor ha:. caused this deed to be execlrted on .
its behalf by all of its JIeII'bers.
,~J\'l~CO. ./
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STATE or OREGOO )
) ss
coomY or LME ) /1
Be " ............ that m this ~ j- day I!!::--v- . '963, ""'~
me, the undersigned. a notary PJblic in and lor sai ty and State, persooally
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4-43
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.~ _ wi&~ ....... Hi~ E. -.;~4H ~ Parr. 1//-;
\oIho, being dlly swexn, said that 'they and l'louglas ~y .u
were all of the II'eIlb!rS of the;m-tner'9hi P Ic:ncwn as
McKay Inves1lllent Co. and they, being duly known to !l'e, ackna,..' edged that they
eJGeCUtedtbe~d~ ~t 00 behalf of the said ~rtner.;hi.? freely and
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'have hereunto set flPJ hand and official seal t.'\e
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Notary. . c or. ~I.O.' . .
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Be itretrellbered that 00 this;z.~ "'day of ...\4""'10'1"'/ ,1963,
- I
before Il'e, the undersigned, a nOtary public in and for c;aid r.cun~' and state,
?6Sooal1y ap~ared the within nared . ~las
. :AcKay ..
who, being duly sworn, said that ~helr and !-'iles E.
Linda Lee McKay
Mc1<a:y and-Eleanor P. McKay and / were all of the me:nbe:'S of the jm'tner-
ship known as Mcl<ay Investment Co. and ~, bein~ &1'/ )cno..'1\ to me, ackntwledged
'that 2:heJt e)CeCUted the said inst:Nll'entoo hP.halI of the said ~hip freel'l
and voluntarily.
t
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)
COORTY or KULTHOMAB )
IN ;o/I'l'NESS WHEREOF I have hereunto set II\If hand and 01 ficlal seal 1;he;::.' ;'.,.
. .' . ~~\\"""N'"""'~I .. ....
,. ~,\~ ..-a I 11 6;"~"
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.11..1 .' !t:~\109,,~\*\~~/' 1
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~~ "'"U'~''''''' .,~,.. >":~-y
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Be 1t remellbered tbat on this ~ day of February , 1963, before -oJ' . ~.. .
undersignee!. a notary public in and for said County and State, persoually app~
the within _d Linda Lee Mcby who, being duly lIVorn, s&ld that sbe and )UI.. B. Mcr.y,
Eleanor P. Mclay, and J. Douglas KcXAy vere aU ,of tbe JDellbera of the partnl\rship
known as Mcby Investment Co. and .he, being duly known to _, acknowledged that
ahe executee! the .aid lnat~Dt OD behalf of the Mid ....... - -, .......... _4Y.4
partnership fr.e1J ....yoluatarlly.
IN. , ..~. bereunto aet ., hand ane! official seal tne day
and year . ~~~ ' . /
.~~~ ". .:(..'
~lf l1Ig'I~\.'
:0 cc1::a ic:)\
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__. AL...
daY and year last abcYe written.
STAD . OF OUGOH
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: :!l,I. JlcIa7 aDd n~Jh.'.~.. .. .':~~
Jmabull and vita, ~\i~h
I. Kalu.7 aD! Mar.-f;
.~Pk of 0re1Oll, 1lue~
. .._ ])o,Uar IrDll nheI'
".:. :Gu~, .. c~
.lleBiDll1Dc at . ,po1l1t OIl the .GIl1;h l.1De of the A. II. Pwen
D.L.C. lIo. 69 in ..14 tovDaUp &D4 ~ ~.7 t.et .. 89-
51' W. of the .outheut oOl'DClr thereofJ bIlae .. 0- 03' I.
287.16 feet; theJIoe S. 89-51' B.1t65.3 t..t; tb.eDoe S.
0- &3'w.28T .16 feet; theMe K. 89- 57' W. It6S.3 teet to
the p!Lace of ~slllr>'IlI, .xcept that portion of the 4escr1bed
propertJ' l71P8 lit thin the risht of. Yay ot 18th Street aad
"X" Street, all .. .hOWD OIl dftwd.13I A9-2m2, .ttached to
.Jld b7 this reference .-de .. part hereof.
Together vith tbe r1cht to enter \1poI1 .aid pnaise., 'to,la7, I"8JldJrt..
replace or 1'elIIQft .aid pipellDe aD! .ppurlellallCd. . '.i:.
S.14 au pipeline .hal.l be 1&14 twO teat, lION 01' lea., belOll' the .ur-
tacit ot the ground ill . &Ool aDd vorbaDllke -=er aDd the .urfac. of tile poaD4
restored, ..near17.a' practlcall1e, to the coJldS:tlCID ... vu in prior to the .
l.a.7iD& of aa1dp1pell~.
. .
ID cona1aeratiOll of the ~..uea, GrantGra apoee tbat DO bv.il41D& or
other at'ruetv. vill 'be cOllriracW vitJa1D .....1..fL- teet of ..id. ... plpe11De, and
that DO opei'atiOll8 Y1ll 'be earrl.ed OIl 1IpClD .a14 pnm.a.. that Y1ll .1eopar41se ita
aate operatiOll. .
D Wl'1'DlI8 WDRIQJ', 1;110 GraDto1'II ban exeeuW ~ w~nt tb1a
...1!.tk7 ot A"rll . 1961. .
. ....1. ._,..._..~_..._....._
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STA1liJ'"w f'.mD01 .
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COlUI1;)- ot LaDe )
On th1a -21a 4&7 or Anl"l1 , 1961, pencmaJ.l)" appeared 1;11e
aboye-DAme4 Mile. S. McXa,. aDd. Ileaner Mcl'a7 and acDov1eqe4 the torelOiDl
Page one. ot two papa
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"'.'.,'!.'~ll..\.' OIl thia ~ 11&1 of ":01'11 ' , 1961, persollallr appeared the
&~ lIaroldc:-1ia'ss and PrdiB ADne HaU aM aelmOllledp4 the foreso1ns
~f1~t. to be . tbeir YOluntary act and dee!. Before at!:
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M1 c..iadOl1 expires:
My CODlIIIfaf.ou ex~h-l!.1 Od. IS, 1961
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Count,. of LaDe )
On this ~4a,. ot A1):rll. 1961. ~ appeua4 t.he
abvn~ n0r4 B. Kelaa1 and Marpret !tela.,. aDll ackDovle4ged t.he foreso1Ds
~~n~ to be their YOluntary act aDd deed. Be1'ore_:
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ellleIe eI c...el~ 100 aM ,...
saW Ceut.Y. .. ~ ca1IfJ' IIoat .. wkIdD
_ ~ fer -" at
1961 SEP 19 PM 2 10
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IAUMENT
"-, Mlle. B. McJr.ay .\ al
To. Horlflwesl Natural Ga. COtllfMlIl1
........ lot
E. L 101'"
Northwest Hotutal Ga, ~
MIle hmc. hllding
PaftIand 4, Ontgoft
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nus INDEJmJRE MAD€ and entered 'lito this 2nd d.., of lIoprn . 19....J
by and between McKAY INVESTMENT CO. I a partnerslhp .
hereinafter referred to as the Grentors. and the City of Sprlngfle'd. a tlIUnlclpal
carporatlon. In Lane County, Oregon. hereinafter r.ferred to al the Grant.e.
:t!!.!!f.!lil!:!.
Thet the Gnntors. for and In COMldentlon of one dollar to them In hand paid,
do hereby grent. bargain. ,.11 and c:onvey unto the Grant..... perpetual .a._t
8.0 and les~f..t In width. together with the right, to go upon ,aid ...-nent
~r" here'"afterdesc::rlbed for the purpose of constructing. reconstructing.
..lntaln1ng and using any public utllltlel which may her.fter be Instanadon
the followIng dalc::rlbed property, to-wl t:
Be ginning at II point South O' 13' 30" West 25.72 feet of the Southe..lst eorner of
BlOCk 6. "ohawk First Addition to Springfield, Lane County, Oregon; thenee South~asterly
parallel to and 8.0 feet Horth from the Harth edge of an existing 5.0 foot wide concrete
walk along the arc of a 1700.48 feet radius curve left (the sub chord of which bears
South 850 52' 19" East 188.93 feet) an arc distance of 188.98 feet: thence South 890 57'
East 256.62 feet. keeping 8.0 feet North of the said walk to the West line' of 18th Street;
thenc.e South O' 03' West 3.50 feet to a poi lit whi ch Is 60.0 feet North 00 03' Eut of the
South line of Centennial Blvd. (K St.) tnence North a9' 57' West 380.54 feet to a poInt
on the Hortn edge of the said walk; thence Northwesterly along the edge of the said con-
. crete walk which makes the arc of a 1703.4~ foot radius curve to the right (the sub-chord
of which bears North 820 07' 16" West 65.14 feet) an arc distance of 65.18 feet; theDce
North O. 13' 30" East 8.06 feet to the point of beginning. All being a part of the,.. K.
Powers DLC #69, T. 17S, R 3 W. W~".being north of and adjacent to the north line or that
~treet right-of-way described by Inst. NI8049 of R 1-20 of l~ne County Oregon Deed Records
in lane County. Oregon. . )
TO HAVE AND TO HOLD the lIbove ..seMerlt to the .ald Grantee, lu heln end
.sslgns forevero
IN WITNESS WHEREOF, the Grantors above named heYe hereunto set their hands and
,aah this 21;19 day of April . 19-!l.. . .
MCIV\Y INVESTMENT GO.,
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. yartner . }
( SEAL)
(SEAL)
(SEAL)
{SEAL}
STATE OF OREGON )
) IS
County of LMe )
8E IT ItEHaeERED. that on this 2nd day of April
19~, before _. the undersigned. a Notary Public In and for said County ....d
Stllt.~ ,.,.....l1y appeared the wi thin "..ad Miles E. MCK~y. partner of McKay
~~nt CO. lcrlOloln to" to be the Identlcel Indlvldu.l
'~I;'.\~l,"~,and w~ executed the wi thIn Instrument Iftd acknowledged to IIl8 that -
,.... .0' ~ '" ~cutecl the IIlIIlI fr.aly and voluntarily.
...':~a'SS3I~~EREOF, I. have hanunto let riff hand and .fnnd riff offlcl.I s.al
-J 0 \0_ .~ J..' g. .
':'~I~c.;-.day.._1l:7',r.I.1t ebove wrlttano __" ( ... /." .....
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GRANT OF EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF WATER. MAIN.
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KNOW ALL MEN BY THESE PRESENTS: That for and in consideration
Df the sum of Ten Dollars ($10.00) and other valuable conaiderat '0 to it in
hand paid, THE FIRST NATIONAL BANK OF OREGON,PORTLAND, a
. .
. .. .
national banking assodation, Grantor, does hereby grant, bargain, sell and
convey unto McKA Y INVESTMENT CO. , a partnership, the. sole and.only
. .
partnera iu which.ar.: Miles E. McKay, Eleanor P. McKay, J. Douglas
McKay and Linda Lee McKay, the Grantee herein, its succe,;sor.- and assigns,
the right to exc.avaie Cor, install, replace (of the initial or any other size),
I
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maintain and use an underground main or pipeline Cor the use oC conveying
water, and also a right oC way therefor, together with the right oC ingress
thereto and egress thereCrom, in, on and across the hereinaCter described
~
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strip of land situate in Lane CClI&nty, Oregon, schematically shown on
Exhibit A , attached hereto and expressly made a part hereof by reference
al thollgh Cully set Corthherein, and more particularly described as Collows:
A strip oC land 6 Ceet in width lying adjacent to .and east oC the
westerly line oC the Collowing described tract oC land and ex-
tending from the southerly line to the northerly line thereof:
B~gi":ning at the stone marking the southeast corne r oC the
A. M. Powe ra Donation Land Claim No. 69, Township 17
South, Range 3 West oC the Willamette Meridian; tbence,
N. 89" 48' Z7" W. 1449.97 Ceet along the south line oC said
Donation Land Claim No. 69 to a point; thence, N. 0" 13' 30"
E. 99. IS Ceet to an iron pipe ma rking the Initial Point of
. Mohawk First addition according to the plat thereoC recorded
in vol. IS. page Z3 of plats oC the recorda of Lane County.
Oregon; thence..N. 89" 41' 53" W. 308.64 Ceet to the TRUE
. POINT OF BEGINNING: thence, N. 89" 41' 53" W. ZOO.OOCeet
along the south line oC Block 6 oC said pLat to an iron pipe set
on the ea.ste rly margin of Mohawk Highwa.y; thence, N. Z9"
13'.07" E. 165.00 Ceet donI!: the easterly margin oC Mob.a.wk
Highway to a point; thence. S. 70. ZZ' 19'-' E. 135.00Ceet to
a point; thence, S. 4. 24' 51" W. 100.00 Ceetto the tru<I point
oC beginning in Springfield, Lane County, Oregon...
1.
4-52
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The Grantor. bi ~ excclltil)J1 of this instrument, a.cltnowledg.es
that this. easement is &pplK'wnaat to land owned by the Grantee Gorth
of the above <iescribecl.real property and further acknowledges that
. .
. pursuant to oraL COnsent of theGr~n.to.r heretofore given to the Grantee,
that Grantee has laid an eight inch (8") water main through the above
described right of way, and that said water line is laid in a good work-
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manlike manner, is of sufficient depth below the surface of the ground. ..
. .
and the Burfaceo(the ground has been restored as nearLy as practicable.
to the condition said surface was ill prior to the. Laying of said water
main.
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Grantor covenants and agrees that no building or other structure
will be constructed ove.r the aforesaid water main, provided. however.
that nothing shall be construed herein to prohibit Grantor from con-
structing or maintaining any ove rhang or structl1ral projection over the
~
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aforesaid water main.
Grantor expressly rellervcs the right to use said strip of land for
suchpurposes as it deems necessary and appropriate .0 long as it doee
not interfere with Grantee's full enjoynumtof the rights herein granted.
Grantee., by the acceptance and recording of this i.nstrument.
hereby covenants and agrees with the Grantor to hold and save harmless
the Grantor from any and aLL damage arising Crom the Grantee's use oE
. i
the right, easement and right oC way herein granted and to repair any
damage to the property or premises. through Grantee's use, occupation
and possession of the rights herein granted: said a.greement to repair
shall include. but is not limited to, the replacement DC shrubbery, lawn
and paving to as sa.tisCactory a condition as it wall found. Grantee fl1Tther
. covenants and agrees to make any andall maintenance. excavations and
z.
4-53
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replacements aa expeditiousLy as possible and to coordinate to the
Cullest extent practicable with Grantor'l IlIe oC the pr'!miles.
TO HIt. VE AND TO HOLD all the rights a.nd privileges a.foresaid
'unto the sa.id Grantee, its luccessors a.nd &ssignl.
IN WITNESS WHEREOF. the Grantor has causcd these presents
to !;Ie executed by its corporate officers thereunto duly a.uthorized a.nd
seal to be herl'unto ..fCixed thil 24tlo dci.y oC June, 1963.
. ~~.
THE FIRST NATIONAL BANK OF
OREGON. P'ORTLAND, a nationaL
banking alsociation
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Its.Jficc P:elident
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Ita Assistant 1ier: President
By
.
By
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STA TE OF OREGON
a..
COUNTY OF MULTNOMAH
On this the 24th day of June, 1963. before me appeared
C. H. G;:\rtNll - and R. 1-'. tcnllCield
both to me personally known, being dilly Iworn did lay that he. the
laid C. H. Cartrell il the Vice Prcs {dent
and he, the said R. W. LengCield il the Assistant Vice Presi-
dent , of the within nlllned corporation, and that the sea.l
aCfixed to said instrument i. the corporate seal oC said corporation
and that said instrument was signed and sealed in behalC oC said corpora-
tionby authority oC its board oC director., and that C. M. Gartrell
and R. W. Lengfield acknowledged said inltrument to be the
Cree and voluntary act and deed of said corporation.
~.
"
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and
aCfixed my seal this day and year Cirst in this, my certificate, written.
( . t:' I!. ,. ('t!- -l (l !-, ,I.' r.'-~. (\..t
Notary Public for Oregon
My Commission Expires: ,:. ':.' ..... ..:,{ (
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1808
'. AN OR.IlB\~'",.
KJHAWK BOuLlW4P': ..
Cot:1NTY. OBiG~lh
WHE1UfAS.,by: U't"
1962, th!l ~,.,G.o
l.nteatl.Qn .tdya.c~ . .
BOlllev.r~ ~.l! ..1~:'S:
described, a1,1U.... .
',\y,..adopted on tbe' 11th day of tlorch
",~ity of Spr1ngf1etera'id declare lots
~Centenn~al Boulevard between :iohawk
. City of Springfi.eld as hereinafttt
...
. waER!A:ip "~w.~. ," .-
in carryln~b~~~t:..
and Q.f the ni ~.
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of. .~ld str.pt :,.-..':.p
o;eneral ef;r~t.f.m\.
os . said 'PUb-~*IiQii:;
and. ... .
.~ the general interesta of the City
. ralllS for the development of the City.
8 thereof, and
. weeks notice of the proposed vaca tion
~tbe Springfield News, a newspaper of ..
.dngfield, Lane County Oregon, proof
. ,retotore filed with tite City Recorder,
:the resolution and the above mentioned
.' - 'J,llthe City Hall on Honday, the 22nd
,.~ the bo~ ol 7:30 p.m., the t1llle aet
)beld a public hearing on ,aid proposed
, appeared and objected to said
.' t;lng were filed prior to or during
. :J:. finds tbere are no liens unpaid
: or Lane County, against said
. r finds that said vacation will not
,~,~ of the property in ~he area
ed.belew,of Centeunial Blvd.
): app.~e>>U1II8 tely 216 fee t
'. wll B1.l~. to the West line
..~~~enni.l . lvd. was established
'it- Moh4wk rat Addition, and by
.... Inst~ No. 18049 of R 102
. "Recorqa. The express intent
..concre.te curb and the 5.0
.~ wbich controls the.lo~tion
.' ... .
1'besal~'h. .
of and .~
the folldwLRg-
back o~; 1r:iW. _:fii:t.. .
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o. .1ng all that part lying north
'. ., '. measured at rillht .:angles to
. .:,.Ilr.eet center Hne i being the
4-57
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ATIEST:
4-58
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Beginning at a point on ,be centerli~. of said Centennial
Blvd. which is 301.97 f~t Marth 890.57' West And 40.0 feet
South o. 03' Wea'~: .of the inidal point of the Mohawk First
Additioo t~ Spi~~ield, LaQa County. Oregon, as the same
was filed.at fdse ~) of Book 15, of the Lane County Oregon
Plat Records in ~ Courity, Oregon. the said centerLine
point being 1.Oa f~t .~c distant easterly from the point of
curvature of a 2~1.83 fbot radius curve to the right (the
long cho~dof which bears South 86D 27' East 279.83 feet);
thence alQag'tn..~~ of th, .foredescribed curve to the right
an .arc distance. of 248.93 I..t to the point of reversal
thereof; thence atoni, tb. a~c of a 1733.98 foot radius
curve to the teft (thei..l;.ong..chord of which bears South
860 21' East 2.11. 71 fQ;.~). 'afc distance of 211. 76 feet
to the ~o.int of ta. .. ;:i cune; thence South 890 $7'
East 256.62 feet to. a,;.. . 'i. the centerline of Centennial
Boulevard ,.nt.eraeciiiJ;' .;W,::~..t llI4J:gin of 18th Street if.
projected South. an4.:.~., Jf.tenu..nating at a point 30.0 feet
. North 00 03f East cl.:' . it on tbe South line of the A. M.
Powers DcrIat1on.t.a ... <~. 69, Township \7 South,
Range J west. .wn.. . . ..~1an lOOS.40feetNorth 89-
571 \-Jest of'th~ S.,-.,... ~i'.:}.' er thereof.
PROVIDED HOWEVEIt-:.~~~~w as . public utility eultlDent
the foUo-.,lng 8.0. ~_ip: .
All of that' ~~~d above lying between th~
aforement~nijd~$(!:. .. _' , }; margin and a line 8.0
feet No~~b>th~~~: ...;be$ftg 33.5 filet northerly frOlll
. and meuQHa atHr' ".1:0 the centerline of Centennial
be, .:'~e .... .. ,~
.Section 4i. .~~t.t\~~ed that title to said property .
shall, upon .~~.A~~~i~:~li'ln tbe abutting property owners
according llQ ~.. , . .:;~" :;....~~'.~. . .
,." . ~.'~l"" ~.,~..'~'. -
section: ~~: 'J~lWi;' '.":- .. :.':labereby directed to file a certified
copy Qf this.<~nam:e.;. . . ~unty Cler-k, one certified copy
to t:he Lane Co~ AU~. ...,..$ .ceJ;:t~fip.d copy to tbe La.De County
Surveyor. for~. '. ~..>..". .;:,: .
..... ':.~:.~;\.."..;
. Section.6;e: ":~i:... ...' ..' }.. hereby declares it is expedient
and necessary"fat..:Ch!: J}il and the public interest that this
ordinance take e.:~~. . qo ita pa.asage and approval by tbe
Mayor, and an etJle::t'g~y ~lared and adjudged to exist, and
thi" ordinanc...~~l . . . cU;..te1y \!pon its panas. and
approval by th~ .:~yor.. :..~
Adopted bi". .$~ . April
1963. .
.Appreve~::~~~;.'.< J;"'. '\11. day of April 1963.
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. :.; 186.47 tl:lfl to \be ~_~ .-rlin ~ aUcl "M" 'Street. 4ed:1C1&t1aD, ~ ~4;.'
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}~~..'~.: . work are rtna the cOI\atrucclon of a .tOX'lll drat facUlty au/or
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11/29/2004
4-67
WESTERN PIONEER TITLE
9873229
JCHOW ALL MBH BY 1lIIISB PRBSBNTS. dIII_IIOlIlr'!r"J McCaY '- ~ ,
. tbr a IJOClCIIIId 'fIIIIbIe ~A6. dID RlOllIpt "".--" ~ do(es)'" pa...
dlI Cq ~ ~........ . ~ ClOIpOUdaa. ... "" .... dIrolaP." 5PIlNGFIBLD U11Lll'Y
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DLC Ie, T17S, Il3W of WIIIIaIcIII ........ ,.... ... ..... polI& II 18MO ft. NW
S1'W fnd"1bI SB car.- of AId cilia flea 11M" ot IlIakmIaI. ilia )110" (B'B 146.73 ft.; .
.... SIr "465.30 I\;: dlenceUl"WW J46.T.' L:.... N8r5rW~.30 ft. .,... b .
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......1IId pItllIDl:t IIkl JiIa IIId &cIUtiea. No put 01." IIuikIiDJ f"'.....&.d... ....... facIJIdct ell'
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11/29/2004 WESTERN PIONEER TITLE
4-68
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Division 0' ChI.' Depy~y Clerk
Lan. County D_dsand Recorda
,
2005.om19
$SO.oo
~r;*t-'-l' ..~ ,f ,t.,,,,..i"f,'I(.~:.
UCC FINANCING STATEMENT
I'CI.LCW INSTRUC"TlONS ~"'... .... .0' CAR!I'ULL y
..- & PI10NE OF c;;oHTACT AT P1l.SII__1
Illmllllllm 11111I1111 IDIII 1111111 11111
006iS0222Z0~e11151900901!.l92
02I16/200S 02:39:50 Fft
alSHIEH OS .
RPR-ftTG Cnt:l Stn=l
545.00 510.00 511.00
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DR!. .
8130 5W BeavertO~BiDsdale HWY.
Portland. OR 97225
11Ill A8OIII! 5I'ACE IS _ '"'UNO omell USlI 0Ill."
,1. OESTOR"S EXACT FULL LEGAL HAME .'--"'-.........,...,.",,,....NI..............-
ta.CJtGNCA11OWSNAMli
PMD It..Sl:auranI:S, t.LC
CJI' ... ~v MM6
...-""""
2117 ilkhorn
141. U'liIN~T'ltttn9ClHS
,..lYPi OF QStCANIZAtiOH
Eugene
U,.J C#ORGAlCA.JIOft
lOR
l'MD The Oalles. t.LC
OR :z>,.""""""....s.....,.-
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~ _ACCIIESS
lluqer.e
3.~Qllal:GAN1ZA'lQrt
.2117 glkhorn Drive
M Kf~Jt'!f1DPr! AOO1.~M: 1~"1'YP'li.0l'0R0IJ'CA0CH
. QIOGN'IZATlClN
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1SECUREDPAATYSWlMfI..N'''''''",tOT...-...................------....
...-""""-
GO <:apil:ill P:anc!lise Finance CO:Qoral:ion
<lll..._SI.<ST"'o.E
,1'IaT_
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X _.OOClRESS
17207 K. Perime!:..r Dr.
!:Ol:tsdale
.t. thiaf~ srA'I"DENT~ the---' ~
"A11-res~~uraD~ equipmen~. machi~e~/. ~u~~ure. fixtures. replacements. subse~eu~ion.. addi:ion..
p&::$ and accessories nov owned &~d h.rea!~er acquired by Debeor. includir.g bul: noe limieed !:o
fryers. grills. ovens, war,ners. r.~rige~&eors. ~ree%ers. waste disposal unics, dish~aaherl.
beverage dispensers. ice cream- ma~e~s. racks, display cases. light fixeures. de~or, counears,
cash regiscers. salad equipmenc. cables. seating. ei~ aud simiLar proper:y of Decl:or uaed in
its operation ot I:!le Wendy'S restauranl:s listed Qft tbs atl:ached SXhi~iC A.
In addil:ion co ~he above-described collateral, the Secured party's securil:y inl:eresl: ebilll eXl:end
to illl ol:her proper':y al: the abOve location Is' t:bal: I:he Debl:or !Oay now own, or later acquire, or
io.which Debl:or may ~~ve or acquire ri~h!:s.su!!icienC co suppar': il security inl:ere.!: during I:he
course of this agreement.
Le9al Properey Description:
.sa !.ZGAt. DESCRIPTION AT."AClIBO l!EKS:'I'O AS E:XHIlUT .... lUID BY nits REnRJiwa: MNJE: A PART 1IEREOi'.
5. "U'9:kAl'NE OESIQNA1'1OH 'If ~
.
L (JlI"naIIILI=I.BIR&FERENCE OArA
OIl-L.u>e Counl:V
FlI.lflG OFFICE CQf'Y _ UCC FI.....NCING STATf.I4NT'(I'O'UA UCC1) (ft!V. D$IZlIOZ)
4-69
EXHIBIT ~A"
. .
Eld'libit "A" to that eef1ain Lane County UCC-1 Financing Statement between General Electric
. Capital Business Asset Funding Corpcitation as Seand party and PMD Restaurants. LtC and
PMD The OaDes, LLC as co-Oetltcn. .
I
I
I
I
. All restaurant equipnlent. machinery. furnIlur8. .lbdtnS. replacementS. substiIutIons. adclilions,
parts and accessorIeS now owned and hereafter acquired by OeCtDr. including but not imiled .ta
fryers. grills. ovens, warmers. refrigenltots. freez2r3, ,wasta disposal units.. dishwashers. beverage
dispensers. ice cream makers. rac:lcs. display cases, light fixtures. deccr. c:cunters. cash registers,
salad equipment, tables. sealing, signs and similar property of DebtOr used in ils oper.mon of tI'le
Wendy's restaurants located at . . .
1025 Green At:ies Rd.. Eugene. OR 97477
,.1499 Mohawk Street, Springfield, OR 97477
2830 Willametle SIreet. Eugene. OR 97477 .
1895 Franklin Blvd., Eugene. OR
. 2401 W. 11- Slnlet. Eugene. OR
1965 River Road. Eugene. OR
.In addition ta the above-described ccIIataral. the Secured party! security interest shall exlericf Ie
au other property at the above IocatIon(sl that the OebtOt may now own, or later acquire. Of in
which Debtor may have or acquire rights suffldent Ie support a security interest during the course
of this agreement.
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Record Owner.
Legal PropertyOescription: . . ... .....,.,'
SEE LEGAL DESCRIPTION ATTACH EO HERETO AND BY THIS REFERENCE MADE A PART
HEREOF, .
........0.. JIIW'IIII#'-'-'Oac
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. 10ZS Green Acres Rd., Eugene, OR 9740a
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.Lot 4. Plat of HOME DEPOT. as and ~d recorded in File 75, Slides 58, S9 and 60. Lane
County. Or:~on Plat Rceard.s. Lan 'ounM, Oregon.. .. ',... .
EXCEPTniEREFROM: ; l'j' . ....
Be~g attbc Northe ;com.~'0~LoI4, TIlE HOME DEPOT, a ky recorded
~divisioD in Lane COUl ' , :' on, and being in chi Northeast one-quatter of.
Section 18, Township 17 uth,!mie 3 Wcsr of the WiUamette MeridiIQ in said
. 'County and State;
thence: South 2~ lS'36"
130.00 foot radius CUIVe to
t ... .
. . ..
,'feet to an angle point in the East line of said Lot 4;
thcce South 02051' 2Sn
thence along the Ill: of sat i
54.95 Ceee. 5537 feet;
; the chord of which bears South 15003' 32" W~
.
tb.ena: South 020 51' 28"
R.lnd, said point being on
thence Westerly a1~!he 'of ;d curve. the chord ofwbich'b~ Nortb BO. 2Tl5"
Wcst37.76feet,37.n feet; ~ I;'. . , . .. . .
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thence North 020 51' 28" 2B. ~ feet; .., . . . ...
tb=ce South 87" Og'.:2" , It 27'1v=t;. . :... ,
rhe:1ce North or 51 ' 28" E 25:; feet to the Oeginning of.. 140.00 foot /2dius curve
to'the right; thene: along ! arc f said curve, the chord of which bears North IS' 03'
3Z"Ea.st 59.18 fc:t, 59.63 fi t; J;
-= N,,,"'''; IS' ,.,. : 'if fm;
thence North 020 51 ' 28" - : 5.0 feet to the North liDe of said Lot 4;
. I !.
thence South 87" OS' 32' East to.OO feet ~long said North . line to the Poin: of
Beginni11g, in J..ane COWlty., : cg :' ~
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all 97471
!Xl1I:B 1'1: A
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Beginning at the Initial Point of Mohawk First
Addition as platted and recorded in Book 15,
Page %3, of Lane County Oregon Plat Records, said ~
point being Nor-~ 890 48' 27. West 1449.97 feet
and North O. 13' 30. East 99.15 feet from the
. southeast corner of the A.M. Powers Donation Land
Claim No. 69 in Township 17 South, Range 3 West
of the Willarnette Meridian; run thence North 890
41' 53" West 308.64 feet along the south line of
Block. 6 of said plat; thence North (0 24' 51. East
1'00.00 feet; thence North 700 22'19"West 136.00
to the easterly line of Mohawk Highway; thence
North 290 13' 07" East 542.61 feet along said
easterly line 1 thence South 89 · 44 '15" East
165.65 feet to t.'le east line of. said Block 6;
thence North 00 13' 30" East 131.25 feet to the
northeast corner of said Block 6; thence North 89.
44' IS. West 110.00 feetalobqthe North.line of
said Block 6 to t.'1e easterly line of Mohawk Highway;
thence North 290 ,13' 07" East 195.31 feet along said
easterly line; thence Sout.'l 890 48' 27. East 455.19
feet to a point on t.i.e west line of 18th Street1
thence South a. 12' IS" West 733.66 feet along said
west line of 18th St:.reet1 thence .Soutb a90 48' 27"
.Ea.st 5.00 feet; thence South,0012' 15" Hest 221.16
feet to the inte=sec~i~n of the west line ot 18t.'l
St:eet with the north line o:f .ll:" Street; thence Horth
890 48- 27" West 449.13 feet along the north line
of "ll:- Street; thence North.O. 13' 30. East 39.15
feet'to the point of beginning', in Lane .Coun-::y,
Oregon. .
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Exhibit nAil ..
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Beginning at a point" which is 1453.4 feet north and 2432.6 feet east of the .
southwest comer of tbe William Breeding and wife Donation Land Claim
No. 49, Notification N.o. 3264, in section 6, Township 18 South Range 3
. Wes~ W. M., Lane Co"unty, Oregon, said point-also being the southeast.
.. . comer of Block 24. of ~e, Frasier. and Hyland Addition to Eugene; thence
south, 00 181' !!ast along the west line of County" Road #113, known as
. Willamette Street, a. distance of 230.0 feet, thence south 89042' west a
distance of 172.0 feet; tf:1en"ce north 00 181 west a" distance of 231.59 fe~t
. to.the sOlith, line of the above described addition; thence north 890 58'east
along said .south line-a distance of 172.0 feet to the place of beginning,
excepting therefrom the south 105 feet.
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4-73
Exhibit A
Beginning :Iuhe Southeast comer ofl.ot 11, in Block I, amended plat of FainnoDt, as platted and
n:corded in Book 2,p. 12. we County Oregon Plat Records, and numing Northeastl:rly on
Villatd street a distance of 100 feet to a point; thence in a Northwesterly direction parallel with
Franklin Boulevard, 147 feet to a poine; thence in a Southwemrly di.n:ction along Franldin .
Boulevard. a distance of 141 ~t to the Point of Beginning. in Lane County, Oregon.
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Beginning at a point on !be East line of Lot 17, Block. I of Amended Plat of Fairmount, Lane
County, Oregon, as planed and recorded at page 12 of volume 2, Lane County Oregon Plat
Records, said point being 100 feet North IS degrees 52" East from the Soulheast comer ofl.ot
17, thence North IS degrees $2- East 189 feet, more or less, to a point thll is 75 feet South IS
degrees 52" West from tm: Northeast comer of Lot 17, thence North 81 degrees West 147 feet
parallel with the NorthUne of Lot 11, thence South IS degrees 52- West 172 feet, more or less,
. to a point 100 feet North IS degn:cs 52" East from the South line oftot 17, thence South 74
degrees OS" EaSt 146 fee<< panallel with the South line of Lot 17 to the place of beginning. in l,.ane
Counry, ORgan.
4-74
97402
. . EXHI81T A
LEGAL DESCRIPTION
Parcell:
L
Beginning .it tl1e East one'Quarter comer of Section 35. Township 1 7 50um Range 4 West of
the Willamette Meridian; thence North 50.S3 leet to a point on the North margin of 17th
Avenue West (being 60.00 leet inwidthl as the same is located and monumented by the
Office of me CitY Er.gineer; thence North 89. 10' IS. West 569.09 'eet along the North
margin of 1 tth Avenua West to an iron pin set on tha West margin of McKinley Straet lbeing
60.00 feet in widthl as the same is located and monumented by the Offica of ma CitY
Engineer and marking tha true point of beginning; thenea North 89. 10' t S. West 150.00 feet
continuing along me North margin of 11 th Avenue West to a point marked by an iron pin;
thence North 0. 34' 45. East 150.00 fest on a lins parallel with the C4nterline of McKinley
Street to a point marked by an iron pin: thencs South 890 10' 1 S. East 150.00 feet to an iron -
. pin set on the West margin of McKinley Street; thence South 00 34' 45. West 150.00 feat
to the true point of beginning in the City of Eugsne. Lane County. Oregon. together with the
interest. of the Grantor. in all roads. streets and alleys adjOining said property.
eXCEPTING the following: That certein parcel of land in lhe Northeast quarter.Q! Section 35.
Township 17 South, Range 4 West. Willamette Meridian. more particularlY'described as
.':follows:. .
Beginning at the Eastone-Quarter cor~er of said Section 35: thence Nortll 50.63 feet to a.
point on tha North margin or 11th Avenue West {being 60.00 flet in widthl as the same is
located IJnd monumented by tha Office of the Ciry Engineer; thence North 89.'0' 15' West
569.09 teet along the North margin of 111h AvenUe West to an iron pin set on the West
. margin of McKinley Street lbeing 60.00 feet in widtlll as the same is located and monumented
by the Office of me CitY engi~eer and marlcing the true point of beginning; thenca North 8go.
10' 15. West 150.00 feet continuing along :he North margin of 11th Avenue West to a point
marked by an iron pin: thence North 0.34' 45' East 10.00 feet on a line parallel wim the
centerline of McKinley Street to a point marked by an iron pin: thence South 89. 10' 15' East
150.00 faet to an iron pin set on the West margin of MclCinley Street: thence South 00 34'
45. West t 0.00 feet along the West margin of McKinley Street lbeing SO feet in.widtlll to me
true point of beginning. in Lane County. Ore11on. .
ALSO EXCEPTING the fol/owing: A parcal of land lying in Section 35. Township 11 South.
Range 4 West of t1ie Willam.t::e Meridian. said parcef being a portion of that cartain tract of
land described on Reel No. 1501. rec:or/led February t 6. 1988. Reception ~. 8806746,
Official Records 01 Lane County. Oregon, said pacc:m being more partiCUlarly described as'
!ollows: .. .-
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Beginning at the point of intersection of tile West right otway line of McKinley Street with thll
North right of way line of West 1 t th Avenue. said.point being 25.00 leet from tha centerline
of McKinley SUaet and. 30.00 feet from the centerline of West 11 th Avanue: thence Nort"
00.34' 45' East 20.00 feet; thence South 45. 42' 15. West 28.22 feet to a point on the
. North. right of way line of West 11th Avenue: thence Soutll 890 10' t S. East 20.00 fellt
along said North right of. way line to the po.int of be9inninq, in Lane County. Oragon.
Parcel 2:
Beginning at the intersection of ehe North line of 11 th Avenue West Ibeing 60.0 feet in widthl
and the West line ot McKinley Street (being 60.0 rllt in width!: run thence North 0. 34' 45.
East along the West fine of McKinlev Street 150.0 feet to the Northeast corner 01 the tract 0'
land conveyed to Mid Oil Company by Oeed recorded Oecember 20. 1976. Recaption No.
7667210. Official Records of Lane County. Oreoon. and being the true Doint of bellinninll of
the fo/fowing dncribed tract; run thence NOrth 89. 10' 1 S' West 150.0 'eet; thence Nortll
00 34" 45" East 60.0 feet; thence South 890 10' 15' East 150.0 feet ,0 tile West line of
McKinley Street: thence South O. 34' 45' West 60.0 fnt '.0 the true point of beginning,.in
being in Section 35, Township 17 South. Range" West, in Lans County. Oregon.
. . .
4-75
1965 River Rd., Eugene, OR 97404 '
BeginDing at the railroad spike marl<ing the Southwest comer oflbe L. Poindexter Donation Land
Claim No. S2, Township 17 SGuth,.Range 4 West of !he Willamctte Meridian. Lane County,
O~gon; thence South 334&.16 feet and East 1342.69 feet to an iron pia marking the ll'UO paint of
beginning; thence East IS5.23 feet along a line parallel with and 330.07 feet North from the
South line of County SurvcyNo. 686 to a paint; thence South 16.degrce:s 59' East along a line
parallel with tho centerline of River Road as constnICtJ:d 172.52 feet to a point; thence West .
155.23 feet to a point marlccd by an iron pin which bears West 0.41 feet and North 165.0; feet
from the Southwest comer of County Survey No. 686; thence North 16 degrees 59' West. r 12.52
feet along a line parallel with and SO.O feet diSlZllt from, when measured at right angles to, the
centerline of River Road as col1Stl'\lCted. [0 the true point ofbcginning. in I..ane County, Oregon.
. Owner reserves an~entoverthcNorth 2S.0 feet of the South 45.0 feet of the abo"'e
described premises for the purpose of ingress and aggress by each party to this agreement, its .
Ies.sees and the licensees and invitees of either party. .
Neither party to this agreement shall park vehicles on or obsttuc:t the easement premises, or allow
any obstrUction of the casement premises by its lessees or licensees. .
. Frier. owner shall provide tenant, its licensees and invitees reasonable access to and tTom
Corliss Street over and across owner's property adjoining the lease premiseS on me East and
South. Said access shall be a minimum of25.0 feet in width.
4-76
Title Officer: RD Order: 912425
Comment:
Arter Recording Return to: ...
McKay Investment Com~any
2350 Oakmont Way, SU1te 204
Eugene. OR 97401
r
. DIYI.!~ Df ChI.f'D.put.y Clerk ...
Lan. County D... and Recorda . 2005-~93358
~lIilmm. $56.00
. RPR-ESm Cnt..1S~8 cJ!f~~ 02:34:10 PfI
$35.00 $10.00 $U~OO
DECLARATION OF CROSS EASEMENTS
This Declaration of Cross Easements (Declaration) is made this 22nd day of November,
2005. by McKay Investment Company, LLC. an Oregon limited liability company (Declarant).
RECITALS
A. . . Declarant is the Owner in fee simple of contiguous tracts of real property (each
individually, a "Tract," and collectively, the "Tracts"), commonly known as Mohawk Shopping
Center. located in the City of Springfield, Lahe County. Oregon, identified and legally described
. as "Tract I" and "Tract 2" on.attached Exbibit A and ExbibitB, respectively. .
B. . Declarant desires to create cross easements for access. parking and utilities for the mutual
benefit of the Tracts. as set forth in this Declaration.
EASEMENTS. COVENANTS AND RESTRlcrIONS
I
1. Definitions.. In addition to the terms defined in the body of this Declaration. as used
. herein, the following terms have the following meanings:
1.1 Common Area. All parts of the Tracts which are from time to time devoted
primarily to parking. approaches, exits, entrances. sidewalks, exterior landscaping, incidental and
interior roadways, service roads and other similar areas as the same may exist from time to time
on each of the Tracts.
1.2 Occuoonts. Declarant, and Declarant's suc~rs and assigns,including
successors in interest to title to the Tracts, and all Persons who from time to time shall be entitled
to use and occupy space located within the Tracts under any lease, sublease, license or
concession agreement, or other instrument or arrangement under VVhich such rights are acquired
or granted.
1.3. Pennittees. All Occupants and all customers, employees., licensees and other
business invitees of Occupants.
Declaration of Cross Easements - I
F:\JOBS\6200's\6264\WORD\Dcdar.ltionCrosliEaScmcnlsI1210S.doc
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Document: EAS 2005.93358
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Title Officer:RD Order: 912425
Comment:
1.4. Benefitted Tract. Each of the Tracts which are benefitted by the easements and
rights set forth in this declaration. .
. .
1.5. ~urdened Tract. Each of the Tracts which are burdened by the easements and
obligations set forth in this Declaration.
1.6. Owner. Each Person which is the record Owner of fee simple title to a Tract or an
equitable owner of a Tract as a vendee under a land sale contract. .
1.7. Person.. An individual, partnership, limited liability company, corporation. or
other entity.
2. Shared Ac:cessEasement. Declarant hereby creates an easement 30 feet in width, the
center line of which is the boundary between Tract I and Tract 2, such boundary being the "New
Line" shown on Exhibit C (Shared Access Easement). The purpose of the Shared Access
Easement is to provide access to Tract I and Tract 2 from 1811I Street . ..
3. Cross Easement for Parkin\!. Declarant .. hereby creates a perpetual non-exclusive
easement, for the benefit of Tract 1. to use existing and future parking areas located on Tract 2,
. and aperpetuaI non-excJusive easement, for the. benefit of Tract 2. to use existing and future
parking areas on Tract 1 (parking Easements). Subject to the restrictions arid prohibitions
described in paragraph 4, the. Parking Easements are for use by Occupants and Permittees.
4. RestrictionsILimitations on Use. The following restrictions and limitations shall apply
to the easements granted in this Declaration:
4.1 The parking, loading. or unloading of a vehicle or other device in or on the Shared
Access F,asement is prohibited, other than for emergency purpOses.
4.2 Neither Owner shall pennit the employees of that Owner or the employees of any
Occupant of that Owner's Tract to park on the other Tract. Each Owner shall inform the
Occupants of that Owner's Tract of this restriction and the right of the Owner of the other Tract
to tow the vehicles of any employees who park on a Tract in violation of this restriction. The
Owners of the Tracts shall cooperate with each other in the enforcement of this restriction.
4.3. The Parking Easement shall not be used by the Owner of the Benefitted Tract to
use the Benefitted Tract for a use with minimum parking requirements in excess of the parking
. available on the Benefitted Tract only. .
4.4. .. The Parking Easements shall in no way limit the development or redevelopment
of the Burdened Tract The Owner of the Burdened Tract shall have the right to change, increase
or decrease parking spaces on the Burdened Tract as determined in the sole discretion of the
owner of the Burdened Tract, subject to governmental requirements applicable to the Burdened
Tract only.
Declaration of Cross Easements - 2
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Title Officer: RD Order: 912425
Comment:
. Station Id :CUIM
Branch:DSE,User :FAll
5. Maintenance. Each Owner shall maintain the Common Area on that Owner's Tract in
good condition and repair, including the portion of the Shared Access EaSement located on the
Owner's Tract. The Owners of the Tracts shall make a good faith effort to cooperate with each
other in the maintenance of the Shared Access Easement and. in the coordination of repair and
maintenance activities OD the Tracts, including parking lot sweeping and striping of parking
spaces so that the Tracts appear as an integrated whole. Notwithstanding the foregoing, the
Owner of each Tract shall be responsible for repair of damage (other than Donnal wear and tear)
. to any portion of the Common Area of the other Tract caused by the responsible Owner or such
. . Owner's employees, agents, contractors or tenants.
6. Utilitv Easements. Declarant hereby creates. non-exclusive easements (Utility
Easements) under, through and across that portion of the Common Area of each of the Tracts for
the maintenance, removal and replacement of existing water lines, telephone lines, gas lines,
sanitary sewer lines, electrical lines, stann sewers and drainage lines, and other utility lines or
systems existing at the time of this Declaration; provided, however, that all pipes, wires. lines,
conduits, mains, sewers, systems .and related equipment (Utility Facilities) shall be maintained
below the ground or surface levels of the Tracts, except where the particular utility cannot
feasibly be placed. underground, such as transfonners, as long as any above ground installations
are enclosed and do not interfere with the intended use of any Common Area. All Utility
Facilities shall be operated and maintained in a manner which will not unreasonably interfere
with the use of the Tracts.
6.1 ~ Relocation. The Owner of a Tract shall have the right to relocate a Utility Facility
on that Tract which benefits the other Tract, on the condition that the Owner relocating the
Utility Facility bears the full cost of such relocation, and on the further condition that utility
service to the Benefitted Tract shall not be intenupted in connection with the relocation.
6.2 Work Standards. A:D.y Owner undertaking any maintenance or relocation work
with respect to a Utility Facility pursuant to this Declaration shall cause all such work (including
general cleanup and proper surface andlor subsurface restoration) to be completed promptly and
in a manner that minimizes interference with or impediment to the common area of the Burdened
.. Tract.
6.3 Indemnity. The Owner of a Benefitted Tract shall indemnify and hold harmless
the Owner of the Burdened Tract against any and all claims, losses and liabilities in connection
with the use, maintenance, removal and repair of the Utility Facility located on the Burdened
TracL .
7. ~ Declarant reserves to the Owner of Tract 2 the exclusive right to use the name
"Mohawk Shopping Center."
8. Dispute Resolution. Any dispute involving the interpretation or enforcement of rights or
obligations under this Declaration shaJl be resolved by arbitration conducted in accordance with
the rules of the Arbitration Service of Portland. Inc. or the American Arbitration Association,
whichever agency is selected by the party that initiates the arbitration.
Declaration of Cross Easements - 3
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Branch :DSE,User :FA11
. Title Officer: RD Order:. 912425
Gomment:
9. Effect. The easements and covenants created by this Declarationshall run with the land
and shall be binding upon and inure to the benefit of Declarant and Declarant's successors and .
assigns, including successors-in-interest to Ownership of the Tracts.. .
Declarant:
. McKay Investment Company, LLC
By: ..~ ~...... ~oi
anager . ..
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County of Lane ) .. .. ....
. This instrument~as acknowledged before me this21~Y~fNovember, 2005, by
Li rW.. J\'\c.~ '~.D~ as Manager of McKay Investment Company, LLC. .
~~..
Notary Public for Oregon ~
My.commission expires: :VI O?,
OFFICIAL SEAL
GAIL M LlSS
NOTARY PUBUC-OREGON
COMMISSION NO. 354792
MY COMMISSION EXPIRES FEB 18. 2006
STATE OF OREGON
Declaration of Cross Easements - 4
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. Title Officer: RD Order: 912425
. Comment:
Station Id :CUIM
. EXHIBIT "A" .
Legal Description
Tract 1
. BEGINNING AT A POINT ON THE SOUTHEASTERLY MARGIN OF MOHAWK
. HIGHWAY, SAID POINT BEING NORTH 89"44'15" WEST, 110.08 FEET FROM THE
. NORTHEAST CORNER OF BLOCK 6 OF MOllA WK FIRST ADDITION, AS PLAITED
AND RECORDED IN BOOK 15, PAGE 23, LANE COUNTY OREGON PLAT RECORDS;
AND RUNNING TIIENCE ALONG SAID MARGIN, NORTH 29"13'07" EAST, 195.33 FEET;
TIIENCE LEAVING SAID MARGIN RUN SOUTH 89"48'27" EAST, 455.08 FEET TO THE
WEST MARGIN OF 18TII STREET; THENCE ALONG SAID WEST MARGIN SOUTH
.0011'34" WEST, 273.00 FEET; 11ffiNCE LEAVING SAID WEST MARGIN RUN NORTH
89048'26" WEST, 34.65 FEET; 1lIENCE SOUTH 5S049'12" WEST, 25.85 FEET; THENCE
. NORTH 89"53'24" WEST, 152.99 FEET; THENCE NORTII 74"28'08" WEST, 62.15 FEET;
1HENCE SOUTH 70"06'00" WEST, 30.02 FEET; THENCE NORTII 89"46'30" WEST, 141.99
FEET TO THE EAST LINE OF SAID BLOCK 6; 11IENCE ALONG SAID EAST LINE
NORTH 0013'30" EAST, 109.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 6; .
THENCE NORTII 89"44'15" WEST, ALONG THE NORTH LINE OF SAID BLOCK 6.
110.08 FEET TO. THE POINT OF BEGINNING, IN SPRINGFIELD, LANE COUNTY,
OREGON. . .
CONTAINING 3.09 ACRES
H.~" ..
LANE,OR
Document: EAS 2005.93358
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Station Id :CUIM
EXHIBIT "B"
Legal Description
Tract 2
BEGINNING AT A POINT BEING NORTH 89<>41'53" WEST, 308.56 FEET (RECORD 308.64
FEEl) FROM THE SOUTHEAST CORNER OF BLOCK 6 OF MOHAWK FIRST
ADDITION, AS PLATTED AND RECORDED IN BOOK 15, PAGE 23, LANE COUNTY
OREGON PLAT RECORDS; AND RUNNING THENCE NORTH 4~4'51" EAST, 104.16
FEET; THENCE NORTH 70~2'19" WEST, 133.23 FEET TO THE EASTERLY MARGIN OF
MOHAWK HIGHWAY; THENCE ALONG SAID EASTERLY MARGIN NORTH 2!)o13'07"
EAST, 194.69 FEET; THENCE LEAVING SAID EASTERLY MARGIN AND RUN soum
60047'00" EAST, 90.00 FEET; TIlENCE NORTII 29013'07" EAST, 95.00 FEET; TIlENCE
. SOUTH 15047'00~EAST. 7.07 FEET; THENCE SOUTH 60047'00" EAST, 5.00 FEET;
THENCE NORTH 29013'07" EAST, 80.00 FEET; TIIENCE NORTH 60047'00" WEST, 5.00
FEET; THENCE SOUTH 74013'00" WEST, 14.14 FEET; THENCE NORTH 60047'00" WEST,
85.00 FEET TO SAID EASTERLY MARGIN OF MOHAWK HIGHWAY; THENCE ALONG
SAID EASTERLY MARGIN NORTH 29013'07" EAST, 183.70 FEET; THENCE LEAVING
SAID EASTERLY MARGIN RUN SOUTH 89"44'15" EAST, 165.65 FEET TO THE EAST
LINE OF SAID BLOCK 6; TIIENCE ALONG SAID EAST LINE NORTH 0"13'30" EAST,
21.71 FEET; THENCE LEAVING SAID EAST LINE RUN soum 89046'30" EAST, 141.99
FEET; THENCE NORTH 70D06'00" EAST, 30.02 FEET; SOUTH 74~8'08" EAST, 62.15
FEET; THENCE SOUTH 89053'24" EAST. 152.99 FEET; THENCE NORTII 58049'12" EAST,
25.85 FEET; THENCE SOUTII 89048'26" EAST, 34.65 FEET TO THE WEST MARGIN OF
18TII STREET; THENCE ALONG SAID WEST MARGIN soum 0011 '34" WEST, 692.06
FEET TO THE NORTH MARGIN OF CENTENNIAL BOULEVARD; lHENCE LEAVING
SAID WEST MARGIN AND RUNNING ALONG THE NORTH MARGIN OF CENTENNIAL
BOULEVARD THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89049'36" WEST,.
252.70 FEET; THENCE 2) ALONG THE ARC OF A 1708.48 FOOT RADIUS c''URVE TO
THE RIGHT, THE CHORD OF WHICH BEARS NORTH 86019'36", WEST, 208.60 FEET, A
DISTANCE OF 208.73 FEET; TIIENCE 3) ALONG THE ARC OF A 2317.33 FOOT RADIUS
CURVE TO THE LEFT, THE CHORD OF WHICH BEARS NORTH 86019'36" WEST, 282.94
FEET, A DISTANCE OF 283.12 FEET; THENCE 4) NORTH 89"49'36" WEST, 5.42 FEET;
THENCE LEAVING SAID NORTH MARGIN RUN NORTH 0010'24" EAST, 14.34 FEET TO
THE POINT OF BEGINNING, IN SPRINGFIELD, LANE COUNTY, OREGON.
CONTAINING 10.99 ACRES
'v~
LANE,OR
Document: EAS 2005.93358
Page 6 of7
Printed on 9/29/200610:01:30 AM
4-82
Title Officer: RD Order: 912425
Comment:
EXHIBIT. "c'"
DENOTES UHf HOT DRAWN TO SCALE
1 8 T H
STREET:
~~.
Q:W'
~~~
!3~b
~Q.~
~~~ .
...::..
. \':-:- - S oo-,t,'34NW, ~10'
"-
-- S 00".11'34" W,
s
, .
I
I
I
-I
i
3900
~~
~~i!
t1i~
gi:
-.--r"""'-o-
. in
8~
d~
.... CD'
-IG
Z
TAX LOT 4401
. .1.71'{ljNORTH
;~
b1:2
III'"
SCALE
I
o 30
1N=60FT
I
120
60
fI)
EXHIBIT MAP OF:
30' SHARED ACCESS EASEMENT
FOR: McKAY INVESTMENT CO.
SPRINGFIELD. lANE COUNlY. OREGON
JOB .104-626+ NeN. t 6. 2005
OREGON
.lUl.T 11._
MICHAEl. R. IWIlENS
60052
RENEWAl.: 12-31-.2005
SSfW 9nc.-E'nglneel"S
$URVEYOR$ f PLANNeRS
211D0IiIcm0ftI My...... tOI . ......CtNganI1C1 . CIA't........
:
LANE,OR
Document: EAS 2005.93358
Page 7 of7
Printed on 9/29/200610:01:30 AM
4-83
Title Officer: RDOrder: 912425
Comment: .
Station Id :CUIM
'. .. "
. RESTRICTIVE COVENANTS .
McKAY INVESTMENT COMPANY
(Please Prinl)
BEING THE RECORD OWNER(S) c:I III 01 !he following described propllrty located In the CIty or Sprlngfteld. .or lis urbanlzablearea.1ri the County of
Lane. Stele 01 Oregon; ..
S.. Attachmant A - Legal Dascriptlon 'or Tract 2
S.. Attachmant B - Map Sowlng Existing Buildings
HEREBY DECLARES THE FOLLOWING RESTRICTIVE COVENANTS
1. IN CONSIDERATION FOR the appnMII of 8 Property Une .Adjustment (Case Number SUB2OO5-OClO;i 1) by !he City 01 Springfield that contains
proplll'ly as described In Alladlment A wilh an existing non-conformlng buldlng as shown on Attachment B that Is constructed over 1118 east
subdivision boundary Ilna 01 Mohawk firat Addlllon, BIoc:II6 and In order to remove the non-conforming stalus 01 1IIIs lIldstin!1 buildlng. oWl\er(s) do
hereby make 1IIe Iodowlng covenants for the good and safety of 1118 PUblic. In ccmpl\llnce wilt 1IIe Springfteld Development Code and She building
regulations 01 the City of Springfield. enc:umberlng It1e above described real property.
. .
2. IN ORDER TO ELIMINATE THE NON.cONFORMlNG SITUAnON desc:rlbed In Sec:llon 1 above. either:
L The property described In AlIachll8lt A must hereaftw be sold wllIIotJtll8parallon of 1IIelols. Of portlons Ihereof. as a single unit of land 80 long
as !he building, shown In Attadlm8lll B Is constructed over !he sasl subdlviaion boundary line of Mohawil First Addition. BIodI 6; or
b. The east subdivision boundary Una Mohawk First Addlllon, Block 6 musl vacallld or relocated by process permitted by law. .
3. LEGAL lOT DETERMINATlONREQUIRED. No sale of an individual building or group of buildings as shown on Attachmenl B shallcccur
wilhout approval lrom 1IIe City, unless 1IIelndlvklual building or group of buildings are on a legal lot as determined by the City 01 Sprlngtleld or Lllne
County, as appropriale. Sale indudes !he transfer by deed or canlrael.
of. THESE COVENANTS shall run wilh1lleland and shall be binding upon and inUl'llIo 1IIe benefit of aD owner(s). parllllS and persons. including
heirs. Suc;ce5sors and .assigns claiming under them. and for the beneftt of and Imitallon. on .. futUre OWIllIl(s)s of the property C1esalbed herein.
IN WITNESS WHEREOF. 1IIe undersigned have caused 1II1s Instrument to be executed this
day of
20_.
STATE OF OREGON)
)ss.
County 01 Lane )
ON THIS 22J'4 day of Nov~t.,.-
lor~~f:\~~a5~
WITNESS my hand ."d ...., lh;. day end r-- 'a.t _lIt.n .-bove.
~~~..:.....
/. Notary Pubic: Yo;: ~
My Commlsslon expires: .;t//YOI-
20 () 5 per.5Onally appe~ ~!or~ me, III Notary Pubic, lhewllhln n8med
acknowledged 1IIe
., OFFICIAL SEAL
GAIL" LISS
NOTARYPUBUC-OAEGON
COMMISSION NO. 3$4792
MY COMMISSIOH EXPIRES FEB ,a. 20lIIl
....--D&~I.;&o" of Chi';' 'D~t-~'.ci~k'- --------...
Lan. eo.....t.y Do.... ~ --.. 2005-D93359
U~lWMJl~wr~JlJl~lII"f III $36.00
"-REST Cnt.~l nn_. aJJ{W~5 02:~:10 Pl'I
s15.00 S10.00 S11.00
A copy o( this reconled document muse k "'"nNd to tha City of Sprlngneld. o.v.lopm...t Sanrlc.. Oepartm"'4 225 Fifth Street.
Springfiald. OR 974n.
LANE,OR
, Document: CCR 2005.93359
Page 1 of3
Printed on 9/29/2006 10:01 :30 AM
4-84
Branch :DSE,User :FAll
. Title Officer: RD Order: 912425
Comment:
. 'Station Id :CUlM
..,
A IT ACHMENT "A"
LEGAL DESCRIPTION
SOUTIIERL Y PORTION OF MOHAWK SHOPPING CENTER (I'RACT 2)
AFTER ADJUSTMENT '
. BEGINNING AT A POINT BEING NORTH 89041'53" WEST, 308.56 FEET (RECORD 308.64
FEE1j FROM THE SOUTHEAST CORNER OF BLOCK 6 OF MORA WI< FIRST
ADDITION, AS PLATTED AND RECORDED IN BOOK 15, PAGE 23, LANE COUNTY
. OREGON PLAT RECORDS; AND RUNNING THENCE NORTH 4"24'51" EAST, 104.16
FEET; THENCE NORTH 70"22'19" WEST, 133.23 FEET TO THE EASTERLY MARGIN OF
MORA WK HlGHW A Y; THENCE ALONG SAID EASTERLY MARGIN NORTH 29013'07"
EAST, 194.69 FEET; TIIENCE LEAVING SAID EASTERLY MARGIN AND RUN SOUTH
60047'00" EAST, 90.00 FEET; TIIENCE NORTII 29<'13'07" EAST, 95.00 FEET; THENCE
SOUTH 15047'00" EAST, 7.07 FEET; THENCE SOUTH 6Q047'OO" EAST, 5.00 FEET;
THENCE NORTH 29013'01" EAST, 80.00 FEET; TIIENCE NORTIl 60047'00" WEST, 5.00
FEET; THENCE SOUTH 74D13'oo" WEST, 14.14 FEET; THENCE NORTH 6Q047'00" WEST,
85.00 FEET TO SAID EASTERLY MARGIN OF MOHA WK HIGHWAY; TIIENCE ALONG
SAID EASTERLY MARGIN NORTH 29"13'01" EAST, 183.70 FEET; THENCE LEAVING
SAID EASTERLY MARGIN RUN SOUTH 89044'15" EAST, 165.65 FEET TO TIlE EAST
LINE OF SAID BLOCK 6; THENCE ALONG SAID EAST LINE NORTH 0013'30" EAST,
2!.71 FEET; THENCE LEAVING SAID EAST LINE RUN SOUTII 89046'30" EAST, 141.99
FEET; THENCE NORTH 70006'00" EAST,,30.02FEET; SOUTH 74"28'08" EAST, 62.15
FEET; THENCE SOUTH 89053 '24" EASt, 152.99 FEET;TIIENCE NORTII 58049' 12" EAST,
25.85 FEET; THENCE SOUTII 89048'26" EAST, 34.65 FEET TO TIlE WEST MARGIN OF
18TH STREET; THENCE ALONG SAID WEST MARGIN SOUTH 001l'34" WEST, 692.06
FEET TO TIlE NORTH MARGIN OF CENTENNIAL BOULEVARD; THENCE LEAVING
SAID WEST MARGIN AND RUNNING ALONG THE NORTII MARGIN OF CENTENNIAL
BOULEVARD THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89049'36" WEST,
252.70 FEET; THENCE 2) ALONG THE ARC OF A 1708.48 FOOT RADIUS CURVE TO
THE RIGHT, TIlE CHORD OF WHICH BEARS NORTII 86019'36ft_ WEST, 208.60 FEET, A
mSTANCE OF 208.73 FEET; THENCE 3) ALONG TIlE ARC; OF A 2317.33 FOOT RADIUS
CURVE TO THE LEFf, THE CHORD OF WHICH BEARS NORTII 86ll19'36" WEST, 282.94
FEET, A DISTANCE OF 283.12 FEET; THENCE 4) NORm 89"49~36" WEST. 5.42 FEET;
THENCE LEAVING SAID NORTH MARGIN RUN NORTII 0"10'24" EAST, 14.34 FEET TO
THE POINT OF BEGINNING, IN SPRINGFIELD, LANE COUNTY, OREGON.N
CONTAINING 10.99 ACRES
LANE,OR
Document: CCR 2005.9335~
Page 2 of 3
Printed on 9/2912006 10:01 :31 AM
4-85
Title Officer:RD Order:912425
Comment:
Station Id :CUIM
s w..-zr ( tM.'"
- .-.- r(I~C "..
e '!.1~lC. ~E
on u.c~ ..,.:
CD. ""t_\lll ~
,....
(t,.. POw(I ~r
-0- L"''''PO..(
-0-,., JlC.Wt_ "Cll.l ""fit L.K L~[
c. c..! ....\.
NO .':[. Meltl
.. *""'1:11 ""v(
,.6- IU;I: ~DNId
,.., """. EO_
_t_._ c.I Ul4
- _ - OlI(J""ao .-.:S
-.-_1tJI~....
-, - \oICJ(~ tlJ:cntC uC
. .u.t. PlALIt """1 tAlr'WlMI
) DLN01I1 ItUc.o DaTA n. QUOS.
~ Df:_rs 1.1'41: IIQI ""....
10 SCAt.'
A
N
.. .
rv..
!itIILE: ,. . ur.
.
...
;;:::;1
_al
II'
. ,."
CENTENNIAL BOULEVARD
ZOf.UNC: tAX LOT J9QO . MAC .. IIlIAJQR R(1M. CeuwtRCLIiL
T~ L.OT 410' . WAC - ....,.".. RtT.. C:OWUlPC~
S(fQIrCII(S: rJPONT. RtAA' .NQ SlOt YM'O:
. 10 rttl YO aUIII.DWCS
. 5 n:u 10 P,AltK'HC. DRN(WAY, SlOf1ACC
lC
if
~
i
O'tVNCR: _1(...., MllESfWCNl CO.
.COACss, lJ!IO lIAIU/ONI ""'T,
wlT( 20.
(uetN(, 0lI "'01
II[ClSTtACO
...-orrSSOMl
.......--
CASl.cNt' .., .c;III't"CNir$ Off IItc:oro IItIt '.n.Te... '1fL[ >>0 t:~ CDIINN'f or UN( CQUNn' JIIIlIE\...... 1tC~ MQ. -..cr:ra7tC13 D'tt'O OC:1Cl1(I '. 2CIIl,7.I:
",. It. c.v..,... (-r....... ~ 1IIIt'CIollC. ~ u. "fil""'" ... "..1.... .~. "~MC "''''. _ca.. 1101I r....... ~. __ eft", ~Cl.a IoC ......
CM~ 1IIC ~ ...... ~ lie DCIlC.... ~ . .: _1,lICM " --.. .. I" lC--. ~ . .....m.
III." ..-.1IOIt~.. ~.uCJIIIED.ICoGUII u.'..eoca..I"''' ,.........COIDllIJ'loIIIlI: cawrr.IIll'*. 1MI""'''_~'"C lft'for~Cl..1IC......,.
t"'P 100( ~ _ .. In .- ___ NC'I-.( ~_ uc, __ 10.11. ..""' 1IC (Hf .. IU1 tII .... .. .... NI''--' .. IIlC1W ,.." ItIP ..- ... ",liCIo(IIf
-
..." 11 (MIll("" C_*O .. ..,....... ~.. 1tPW1oM. .. ... ...... oIQ. :ll71l. ... erc~ _ .... ClUIft....1IlIIIl. "...... ~ .. HC.C t~ ... ~
~............ '0"""," __~_......(-<<_..... ,....... ....11:'1*. .ott ,,,__..........
IIIftl ,.. ~. JC.'-' hl( ~ _ ......... 1ICJII.. ...... ....-.e.. ........... c.. ~. ., ...'..,... iIIIfClllIII. tP"hId' ," ,,,,. IlCfO'IIQlI .... ....,. lilt IftIIlIIIIJI
...-l C~._~ """' C*........ ~ at ..,"'.............. '.... __ -C....... _III..... SUlCI. "'1C1IIlCCoIII a fIIEt_ -...cu..
!If. '.. 1......11I'.. 1,AoIC\ .. _.IC-.S .... ~, fCIlIIoCIl' -0_ _ M 1IUIClIM' fI cC",lMMI, -..... ... ~ttt .. ---.ct.. .-. "cora. ....... J'1.
..." .-.a:'c..._ ..... )ot'u. ~ (1lUIWrt _GCII aciD -.;tllA'Ol. .. oIINlIII(t _ I. ..'" 1IC'ClP'_ ... .,... I.M ""-.. '"CW, ~ ............. "'1'''':' - " 'OllI _ 1'OlaC
\A."'.nDll..ar.,.. IICII'M1IClO"Ol_ nc .....(t~-4~
11'(. d. UY'WC'tf1. lIC\UIlIIII6 loot .... _lIIiDlIOIOIti roc'IICOl'. --..c...,.p ..... ..... .. ~1IvrlI" IC~' ,........ L """ ___... .... we ('AMrI .. Cllt
.~ ''''''_~''''''''IC''.'_.'''UIl'''''''~,
:.!r~ ~.~ ~~:::'.~a:'': .-:-:;"-.~ ':c't:.~",,~.::.::n-.:= --..-- t. I"'..a,..... "'.. ~ ca... GffC_
1Il'~""" .-sr.... tra..... nc ...... _ ~ ""'C1ftf. CIWrJI'Q'" tIC Eft 1/1 ~. t1COllOD 1OlC'*' .. "'" 1ft,.... .. nil"'. \IIC CCIIMIt IPC*"CCI'K I"'",
W'" c.o.""", ..,,,,(1ft,. ~''''~''''''''II'''''''''''''''oe-I'''
"'"'" f~.IlQ~'" ..-........... ftC.....~.._ _IJI~.~""'" ". .....~_ .-.... ...-cc.-....~... .c.... ~..,
'11I rMI.__ LdI.c.If....tfIORI~
Ill. N. tlGlOI. ~ 'IIC .... _ .......... 'hCIII.. ......... 1IC CIR III .....CtI. ~toIIU ...... I'. "". ~ ... ,...... ..... c-.. ~..~ 111I'"
.. f'OllIf _lP pC. ...11..... .. ..... 0C0l0JlI,.
III. 7r. ~...... ~ "'" JOaoII .-........ toOfW. l::aoIIQt... \rC c'" " ....ctCtL ~ Ul"t... II, ,.... ..a...... 11II>>II. \oIC aw-t. ..c.... lit,,,, .... II.
. 10'__," ~ 1.4fi""-''''' ......-CIlOlll.
a5~' ..... .ll_03-2~.)$. ,. un )tOO . n.t
I ~i=- J
~U.)1..2OlD
PRELlIoIINARY PROPER'lY LINE
ADJUSTMENT SURVEY FOR:
McKAY INVESTMENT CO.
TAX l.Oi 3900 " 410 I
_ 17-OJ-~-34
IH $tenON 25. 117S, RJ'olI. .......
'iPRlNCnEl.O. Wit COUNTY. OREGOM
SSfW9nc.-EA9In.QS
5IJaV15YQRS f PL....NH.It~
---.... . ......~.... . ....,,--
M n- 1-05
LANE,OR
Document: CCR 2005.93359
Page 3 of3
Printed on 9/2912006 10:01:31 AM
4-86
Branch :DSE,User :FAll .
Station Id :CUIM
. Title Officer: RD Order: 912425
Comment: . . .
"
~~
~nm 1lllllIIllmlllllll~llllln 1111 .$41.00
fl87887e92e0988!349014ee4& . .
. 11/30/2005 11 :29:40 M
RPI-ASH CnLal St.n=! CASHIER 04
$20.00 $10.00 111.00
r
DivA.ion 0' Chi.' Deput.y Clerk
. Lane Count.y Dee. and Reeora
i, .r
.~
, ~ SD.~f7IdJr..
rf) After RecordlDc RetarD to:
L/ WESTERN TITLE AND ESCROW CO.HPANY
497 OAKWAY ROAD. STE 340
rnr.1':NF. OR q7 t.n1
UDtI1a dwIce II requstcd aD ax statemeDtJ
ahaD be IeDt to the foBu'fI'b,-.I.~
CUDDEBACK INVESTMENTS, INe.
PO BOX 57b9
EUGENE, OR 97405
1>: I
1 \' FROM:
ASSIGNMENT OF LEASES
DATE:
McKay Investment Company, LLC ..
an Oregon limited liability company
Cuddeback Investments, ~.,
an Oregon corporation
November a 2005
(AJsignee)
(A.ssJgno;r)
TO:
. RECITALS
. A. . On this date,. Assignor bas CODveyedtO. Assignee the teal property dcscn"bed on
attached Exhibit A (Property). .
.. ""B. The purpose of this assignment is to assign to Assignee an existing leases which
affect the Propc:rty.
~GIu:EMENT
1. ~simment. Assignor hereby assigns to Assignee. aU of Assignor's right. title and
inte:est in and to all existing leases wbicl1 affect the Property, more particularly described on
attached Exhibit B (Existing Leases).
2. AssmnotiolL A3 of the date of this assignment, Assignee assmncs aU of Assignor's
obligations as Lessor under the Existing Leases.
Assignor
AssigDee
McKay Investment Company, u.c
Cuddeback Investments, Inc.
B~~
Bl~/~
Title did eP
Assigmneot ofLcascs - 1
S:1toN(0CAYr-1.LC'BIlIInai~~1122O$.doe
LANE,OR
Document: ASR 2005.95349
Page 10f4
Printed on 9/2912006 10:01:35 AM
4-87 .
Station Id :CUlM
STATE OP OREGON, . } . ="'~~~~~L
. I """ ) sa. . -....... ()l( 9J204 C I \l92
County ot._..b4.L.~--_..._~._._- .
. .. "q 'dt . ... ..11"\,.0, n1. r....... Y . . ')N-.~
BE IT REMEMBERED, That on this _..__12L__ day ol._LJ\.l'!.S.._._~--_.._..._._-., ;9..I{J4.I'J
~~~~~
1mcnm to me to be the identi~'nd. ividuaL_ deaaibed in and who uecuted the within instrument and
~ . ...
ac1cnowledled to me that '.'_'_. _____-exec:uted the same Ireely and voluntanly. ..
P, I have hereunto set my Mnd and ellixed
seal the day and e as above written.
QFAClAL SEAL
_SHANNON M. BURGESS ,
NOTAflY pusuc.oREGON
..' COMMISSION NO. 360823
tit COMMISSlC:I EXPIRES AUGUST 30, 2006
A~-
--. -.---- ---- -.-
ST::::'~__}OL ~~~
. BE IT REMEMBERED, That on tms _.._~~ day of ....t1:Jt.t;JY1.~__._._._._Jl.iK:P5
~~~~J:~~~wiW~
.....-...----.----....-....---.....---..-..-..--....-.--.....--..............-......--.-...--.-.............--.....-.....-----.....-.---...
" O'FlCIAL SEAL /
SHANNON M. BURGESS
. NOTARY PUBlJC.OREGOH
, ,. COMMISSION NO. 360823
MY COMMISSION EXPIRES All6UST 30. 2006
LANE,OR
Document: ASR 2005:95349
Page 2 of 4
Printed on 9/29/2006 10:01:35 AM
4-88
Title Officer: RD Order: 912425
. Comment:
Station Id :CUIM. .
BEGINNING AT A POlNT ON THE SOurHEASTERLY MARGIN OF MORA WK
mGHWAY, SAID POOO BElNG NORTH 8~44'15" WEST, 110.08 FEET FROM THE
. NORTHEAST CORNER OF BLOCK 6 OF MOHAWK FIRST ADDmON, AS PLATTED
. AND RECORDED IN BOOK 15, PAGE 23, LANE COUNtY OREGON PLAT RECORDS;
, AND RUNNING THENCE ALONG SAID MARGIN, NORTH ~13'07" EAST, 195.33 FEET; .
THENCE LEAVING SAID MARGIN RUN SOUTH gg-48'27" EAST, 455.08 FEET TO 1HE
WEST MARGIN OF Ism STREET; THENCE ALONG SAID WEST. MARGIN SOUTH .
0-11'34. WEST, 273.00 FEET; THENCE LEAVING SAID WEST MARGIN RUN NORTH. .
_ 89"48'26" WEST, 34.65 FEET; THENCE SOum: 58049.12'" WEST, .25.85 FEET; THENCE
. NORm 89D53'24" WEST, 152,99 FEET; ~CE NORTH 74"28'08" WEST, 62.15 FEET;
. . THENCE SOum: 70006'00" WEST. 30.02 FEET; THENCE NORm 89"46'30" WEST, 141.99
FEET TO THE EAST LINE OF SAID BLOCK 6; mENCE ALONG SAID EAST LINE
NORTH 0-13'30" EAST, 109.54 FEET TO THE NORTH.E.AST CORNER. OF SAID BLOCK 6;
THENCE NORTH 89"44'15" WEST, ALONG THE NORTH LINE OF SAID BLOCK. 6. .
110.08 FEET TO THE POINT OF BEGn-OONG, .IN SPRINGFIELD, LANE COUNTY,
OREGON.
LANE,OR
Document: ASR 2005.95349
. Page 3 oN
Printed on 9/2912006 10:01:36 AM
4-89
. . Title Officer: RD Order: 912425
Comment
Station Id :CUlM
1. Lease with Redundant Cartridge, Inc., dated April22. 2003, as amended.
Lease with Jennifer Williams, dba Sbabryls, dated July 10, 2002.
. Lease with ranis West, dba Z-Coil, dated May 18, 2005.
Lease with Bi-Mart Co:rporatioo, dated December 9, 1964, as amended.
Lease with Stanley T. Mezrell and Coonie ]. Mc:re1l, dated July 6, 1988, assigned to
Springfield Taco, a partnenhip~ .
.. ..C'.
LANE,OR
Document: ASR 2005.95349
Page 4 of 4
Printed on 9/29/2006 10:0 I :36 AM
4-90
L_.~'~U Ol~C~ IIUI~
LANE COUNTY
SCALE ,. ~.. 100'
SEE MAP 17 OJ 2~ 31 f
"
co,
-
"f" = 100
a
.! 200
, JOt)
~
i
THrS MAP IS PROVJDED AS A COVRTESY~\ .)".
BY FIRST AMERICAN TITLE INSURANCE ~ I
COMPANY OF OREGON TO ASSIST IN ~ /I ,- .(1 .""
LOCATING SAID PREMISES AND THE ;y ~~ -+tee
COMPANY ASSUMES NO LIABILITY FOR IJ --"!!1~"!.!:l<--"!'~_.
ITS ACCURACY OR FOR MATTERS THAT ~ t'l I J~~olc,
MAYBE DISCLOSED BY A SURVEY. I
. I
4200
.....
-
s"'"'_~ -"7.
~4"V1'1'"
.......bI....,..,..
hIt""'"'"." \
------------
-__._~.J..'!____._
..
"\ I 1800
I
I
.....-----..-----..
.
, ..
~ .,~...
. 2800
~
~." ~ L
~...
3800
i
~,
~
...
..
-"I''''''
1700
'a ...
lliOO
i
N'
2000
1400 1300
........
,
.
n.
,
SPRINGFIELD
NAO 83/91
900
o'\~
CAN<;[U.ED
2100
21D.
270'
3400
4000
4.00
44DO
4600
4100
3D'
5400
5500
5_
5100
58DD
5900
aooo
1100
7JDO'
7500
7900 .
.000 .
8100
~
-.. ,ROAD
1000
.j,
...
!-tee
TAX LOTTED ON "A~ 17~03-25-4-S
..'
1900
3700
I 2301
~
I
. .
~
l!3
a
I
I .
...u.___~.Ji"':
Cj 2400""0"'0 (.._~,
l&J
a:
tJ=:
(f) 2l5OO
2900
..,~.'
3000 . 3100 3200 3300
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Exhibit 3
PER.MISSION TO ACCESS PROPERTY
I,Steven J. Korth, Director of Real Estate and Development forMckay .
..Investment Company, LLC, hereby authorize the Springfield City Manager or .
his! her designee(s), including but tiot limited to agents or appraisers necessary
to evaluate andappraise the property at 1650 Centennial Boulevard,' .
Spr,ingfield,Oregon, commonly known as Mohawk Shopping Center, for
purposes of determining whether or not regulation(s) have had the effect of
reducing the fair market value of the property. .
. . " . ,..J'
Date: March~, 2007
McKay Investment Company, LLC '
4-92