HomeMy WebLinkAboutApplication APPLICANT 11/13/2008
:City of Springfield \
Development Services Department
225 Fifth Street
Springfield, OR Q7477
Land Division Plat
Partition, Subdivision
PRE.SUBMITTAL REC'D
NOV 1 3 2008
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Subdivision Plat Pre-Submittal:
Subdivision Plat Submittal:
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Partition"Plat Pre~Submittal:
IPartition Plat Submittal:
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Applicant Name: Philip Fanington, AICP
I Company: PeaceHealth
IAddress: ' ,,123 International Way, Spriri~field, OR 97477
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IAPPlicant's Rep.: Andrew Haliburton
Phone: 541-686-3828
Fax: 541-335-2595
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'Phone: 503-227-3251
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Company:
Address:
KPFF Consulting Engineers
Fax:
503-274-4681
111 SW Fifth Avenue, Suite 2500, Portland, OR 97204
I Property Owner: Same as Applicant
,Ic~mpanv: '
IAddress:
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'IASSESSOR'S MAP NO:. 17032200 ITAX LOT NO(S): 4100
I Property Addres~: 3333 RiverBend-Drive, Springfield, Oregon
ISize of Property: 56.82
1 Proposed Nam'e of Subdivision: RiverBend Ph II Partition of Lot 8
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Square Feet 0
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I Description of If you are filling in this form by hand, please attach your proposal description to this application,
Proposal: Please see attached memorandum , , . .
I Existina Use: Medical Services. '1 Teritative Case #: SUB200'8-00043
1# of LotMParcels: 2 . 'IAva. 'L~t/parce'I'Size: NA' sf I Densitv: NA du/acre
ISignatures: Please siqn and rint your name and date in the appropriate box on the next paqe.
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Associated APPlic~tions: 5UBJ;008' C:a)Lt~ cJ?iJr"};/,'fZ;r'v~
!pre-sub Case No.: Pre 2 OO~ J(J()J() (Date: III r?J{[$
Icase No.: P' .
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, Application Fee: $ T110
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TOTAL FEES: $ TW
Reviewed by:
. Date:
ITechnical Fee: $
Reviewed by:
-e- I Postaqe' Fee: $0
PROJECT NUMBER: PreS) OQ8. --tcf;b2.
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Revisedl/l/08 Molly' Markarian
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Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
Pre-Submittal
Owner:
The undersigned acknowledge's that the information in thi~ application'iS correct1and accurate for scheduling of the
..ft~ 10;- . Da.., 1I/'3/0.P
Sig\.1ature n . I f {
Philip Fanington
Print
Submittal
I represent this application to be complete for submittal to the City. .Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City.as
necessary for processing the application is provided herein or the information will not be proyided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227,178 pertaining to a
complete application. '
Owner:
Date:
Signature
.Philip Farrington
Print
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Revisedl/l/08 Molly Markarian
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, Post Monumentation Deposit as required for subdivisions only. City Survey Section
. has current fee schedule and templates.
Location of Any Floodways in accordance with SDC 3.3-400.
Existing Easements Clearly Identified with Their Recorded Reference.
New Easements and Reserve St~ips Referenced in Owner Certificates of
Dedication and Purposes of Easements,Identified on Plat.
NOTE: When; as part of the approval process, thea'pplication has been conditioned so that the
recordation Qf a document is required, the applicant shall be responsible for. paying the Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right-of-Way.
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Land Division PlatS.ubmittal Requirements Checklist
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NOTE: If you feel an item does not apply, please state the ~eason why and attach the
explanation to this form. . . .
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Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. The application, technology, and postage fees, where applicable, are
collected at the time of complete application submittal.
Land Division Plat Application Form
Two (2) Copies of the Deed
Two (.2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
Original Plat on Mylar with notarized owner(s) signpture(s) and signed surveyor stamp.
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Copy of the Mylar on Bond Paper
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Original and Copy of all Required Documents with signatures where appropriate.
, PRE-SUBMITTAL REC'D
NOV 1 3 2008
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Revised 1(1(08 Molly Markarian
6 of 6
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Land Division Plat Pre-Submittal Requirements ~hecklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
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Application Fee'- refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. Any applicable application, technology, and postage fees, are collected at
the pre-submittal and submittal stages. ' ,
i.andDivision Plat Application Form
Letter Addressing Conditions of Approval - lists and addresses each'condition of
approval, detailing the actions taken and current status of each item.
Nine (9) Paper Copies of the Plat stamped and signed by the surveyor.
Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all
common areas, dedicated areas, and easement areas that are not simple parallel offsets.
Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being
divided. The title report must be dated within 30 days of submittal at the time of the final
submittal. An older rep'ort is OK at the pre-submittal stage.
Two (2) Copies of Each of the Reference Documents and Plats listed on the plat.
Two (2)"Copies of Each of the Supporting Documents - the,vesting deed (must vest
title to the owner listed on the plat), existing easement deeds, and documents listed as
exceptions in the title report, etc. .
Two (2) Draft Copies of any street dedications.
Two (2) Draft Copies of Any New Easements or Restrictions being created by
separate document, improvement agreements, maintenance agreements, joint use
'ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other
documents that will be recorded together with the plat or that' are required by the
Conditions of Approval.
Two (2) Copies of a Consent.Statement (Concurrence) on the plat (to be signed by.
the lender prior to final approval) OR Two' (2) CQpies of an Affidavit of Consent by
separate document is required from all Trust Deed, mortgage, or other secured loan
interest holders against the property to be recorded simultaneously with the plat IF any
, public dedications or easements are being made and/or any other interests are being,
transferred to ,the public per ORS 92.075 (2-4). PRE.SUBMITIAL REC'D
Copies of Wetland Documents as required. . NOV 13 2008
Copies of ODOT Access Permits as required.
Draft Copy of Bargain and Sale Deed for., Reserve Strips - .city Surv.ey Section has a
template.
Verification that Street Tree Agreement is in Progress as required.
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Draft Copy of the Conditions, Covenants &. Restrictions, (CC&.Rs) as
required.
Revised 1/1/08 Molly Markarian
5 of 6
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
Job/Journal Number
PRE2008-00069
Payments:
Type of Payment
CreditCard
cRcceintl
RECEIPT #:
Description
CTY Partition Plat
Paid By .
PHILLIP FARRINGTON
C of Springfield Official Receipt
l,~,elopment Services Department
Public Works Department
2200800000000001636
Date: 11/13/2008
12:01:36PM
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
emm '\ 056108 In Person
Payment Total:
Amount Due
346.00
$346.00
Amount Paid
$346.00
$346.0U
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PRE-SUBMITTAL REC'O
NOV 1 3 2008
Page I of I
11113/2008
CITY OF SPRINGFIELD
VICINITY MAP
PRE2008-00069 ..
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3333 RiverBend Drive -Vacant - Sub Lot 8
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SITE
Map 17-03-22-00
Tax Lot 4100
North
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PRE.SUBMllTAl REC'O
NOV 1 3 2008
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'Consulting Engineers . ;
U.S. Bancorp Tower, 111 SW 5lh Avenue, Suite 2500
Portland, OR 97204({503) 227-3251 FAX (503) 274-4681
ME'M OR A,N '0 UM
FROM:
RE:
November 13:2008
Planner on Duty - City of Springfield
Andy Limbird ' Project Planner, City of Springfield
Philip Farrington, Director of Land Use Planning, ~eaceHealth Oregon,
. Andrew Haliburton
PRE-SUBMITTAl' REC'O
NOV 1 3 2008
DATE:
TO:
CC:
Partition Plat Pre-Submittal for10T 8, RiverBend,Phase II.
,PROJECT NO.: 301140.36
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,Enclosed please find ihe Partition Plat Pre~Submittal application .for' LOT 8, RiverBend. Please not!l the
. following, regarding this submittal: .
DESCRIPTION OF PROPOSAL:
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Lot 8afPeaceHealth's RiverBend Subdivision, Phase II contains Sacred: Heart Medical Center at RiverBend, whicn
indudes the new Sacred Heart hospital, Oregon Heart and Vascular Institute, two,parliing structures, and two (2)
medical office buildings, The Applicant is' requesting a land partition of Lot 8 (total area 56.819 acres) to create two
(2) parcels, One parcel is approximately delineated by the footp~int of the Northwest Specialty Clinics medical office
. building (approximately .0.763 acres; identified on the accompanying Partition Plan as Parcel 1); the second parcel
comprises the remainder'of L,ot 8. ,
, NON,APPLiCABLE PRE'SUBMITTAL REQUIREMNTS:
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. Street Dedications'- No Right of Way dedications are, included in this application.
. Consent Statement - The property in question is owned free and clear by Peace Health; there .is no
Jenderinvolved.
. Wetland Documents '- Not wetlands exist on site.
. ODOT Access:Permits - No ODOT faCilities adjacent to project.
. Bargain and Sale Deed for Reserve Strips - No reserve, Strips have been recorded.
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. Street Tree Agreement - Generally applies to residential subdjvisions only.
. Post Monumentation Deposit - Applicable to subdivisions only.'
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APPliCANT'S RESPONSE TO CONDITIONS OF. APPROVAL FOR SUB2008-00043
1. Prior to approval of the Final Plat, the applicant shall revise the Declaration or Reciprocal
Easements to provide for stormwater cross-drainage between Parcels 1 and 2.
Page 1 of 2
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. Aoolicanl's Resoonse: This condition has been met. The enclosed Declaration of Reciprocal Easements
. (clean 102808 (3).doc) has been revised to address stormwater cross-drainage between Parcels 1 and 2 as
. conditioned. '
2. Prior to approval of the Final Plat, the reciprocal utility easement shall be re\(ised to incorporate
the CC&Rs for RiverbendCampus (Document #2008-019743, Lane County Deeds and Records)
by reference.
Aoolicanl's Resoonse: This condition has been met. The enclosed Declaration of Reciprocal Easements
(clean 102808 (3).doc) has been revised to incorporate CC&Rs for Riverbend Campus (Document #2008-
019743, Lane County Deeds and Records) by reference. .
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3. The Final Plat shall provide for dedication of, the. reciprocal easement, as amended, to
'accommodate the interconnected utility lines running between and serving Parcels 1 ,and 2.
,Aoolicanl's Resoonse: This condition has been met. The Surveyors Declaration on the final page of the
enclosed plat includes reference .to the reciprocal easement and space to include its reception number. '
4. Prior to approval of the Final Plat, the applicant shall provide written confirmation that all
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Building Code an,d Fire Code issues arising 'from property lines .that intersect the sky bridge
building ope'nings have been addressed to the satisfaction of the Building Official and the Fire
Marshall.
Aoolicanl's Resoonse: This .condition has been met.. Written concurrence .is, provided 'in the enclosed
Statement of Conformance with Bujlding Code and Fire Code,
, PRE.SUBMlrrAL REC'D
NOV 1 3 2008
081103 Memo Partition Plat PreSbmtl
Page 2 of 2
STATEMENT OF CONFORMANCE WITH BUILDING CODE AND FIRE C;:ODE
IN ORDER TO COMPLY WITH CONDITION 4, CONDITIONS OF
APPROVAL, PEACEHEALTH LOT 8 PARTITION, SUB2008-00043,
OF THE CITY OF SPRINGFIELD DATED OCTOBER 27, 2008.
I. This statement of conformance with code specifically addresses Condition 4 of the Decision
for SUB2008-00043, an application to partition one Medical Services parcel from a 56,8-acre
parent lot within the subdivision, RiverBend Phase II.
2. The subject huildings and sky bridges have been constructed and have been the subject of
multiple'inspcctions for Building Code and fire Code compliance.
3. By signature, I state aud agree that all Building Code and fire Code issues arising from
property lines that intersect the sky bridge building, opeIiings have been ,addrcssed to my
satisfaction. '
Si~ned: ~/r-
City of Springfield Building Qfficial
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Si~ned: --::?)1i /:k.e.,r?~tV..d
City <if Sprin'g'field Fire Marshall
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PRE.SU6MITTAl REC'D
NOV 1 3 2008
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Oat.. Received:
Planner: AL
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Parcel name: LOT 8~- CENTRALD
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North:, 881396:6645
"Line Course: S 88-16-40 E
North: .881382.3165
Line Course: S 24-52-35 E
.North: 8810,87.7608
Curve Length: 102.05043144
Delta: 18-44,_26
Chord: 101.59498581
Course In: N 65,-07-2'5 E
RP North: 881219.0074
End North: 881003.7791
Curve Length: 85.69484209
Delta: 18-44-25
Chord::85,31328757
Course" In: S 46-23-00 W
RP North: 880823,0436
End North: 880933.2571
,Line Course: S 24-52~35 E
North: 880677,1488
Line Course: N 67-17-31 E
North: 880780,6905
Curve Length: 122.52080449
Delta: IF03-1"8
Chord:' 122.33121550
Course In: N 22-42-29 W
RP North: 881366.4677
End North: 880838,5649
Line Course: S 22-42-29 E
North: 880441.0431
Line Course: S 55-56~46 w
Nor"th: 880440.2651
Line Course: S .58-32-56 W
North: 880417:9354'
Line Course: S 58-01-02 W
North: 880390.4533
Line Course:. S 51-59~28 W
'North: 880370.8536
Line Course: S 60-23-24, W
North: 880357.7468
Line Course: S 49-45-44 W
North: 880340.2005
Line Course: S 55-52-47 W
North: 880327.7279
Line Course: S 45-01-30 W
North: 880318.0034
Li~e Course: 8'33-19-21 W
North: 880296,4406
Line Cou~se: S 47-55-59 w
North: 880287.2040
Line Course: S 49~51-18 W
North: 880273.4629
Line Course: S 60~OO-12 w
North,: 880262,4701
Line .Course: S 43-'43-23 w'
North: 880252,9571
Line Course': S 54-43~12 W
North: 880221.6697
~ine Course: S 52~47-13 w
North: 880205.0292
Line C;urse: S 56-45-48 w.
Nor~h: 880i70.7823
Line Course: S ~2-5,2-57. W
North: 880146.0222
East. : 4257063.5888 0
Length: 477.40922631" 0
East: 4257540.7824 0
Length: 324.68043175 0
East: 4257677,3631 0
Radius: 312.000303380.t
Tangel1t: 51~.48444693' 0
Cou-rse: S 34-14-48 ED
Course Out: S 46-22-59 WO.
East: 4257960,4152 0
East : 4257734,5370 0
Radius: 262.000000000.
Tangent: 43.23350090 0
Cburse: S 34-14-48 ED
Course Out: N 65-07-25 ED
East: 4257544_8565 '.0
'East: 4257782,5475 0
Length: 282,30091811 0
East: 4257901.3008 0
Length: 268'21790919 0
East: 4258148,7275 0
Radius: 634.9999'99990
Tangent: 61.45135331 t 0
Course: N 61-45-52 ED
C?urse'Out: S 33-45-47 Eq
East: 4257903.5948 0
East: 4258256.5022 0
Length: 430.92544204 0
iast : 4258422:8548 0
'Lengt~: 1.38948797 0
East: 4258421.7036 0
Length: 42,79597006 0
; East: 4258385.1949 0
~eng~h: 51.8_8577527 0
East: 4258341.1851 0
Length:' 31.82888586 0
East: 4258316.1066 0
Length: 26.52703506 0
East: 4258293,0438 0
Length: 27.16299946 0
East: 4258272.3083 0
Length: 22,23559589 0
East : ~258253.9003 0
Length, 13,75841546 0
East: 4258244,1674 0
Length: 25,80552093 0
East : 4258229.9911 O.
Length: 13.78590900 0
East: 4258219.7570 0
Length: 21.31312149 0
East: 4258203,4649 Q
Length: ,.21. 98788240 0
East: 4258184,4222 0
Length: 13,16341431 0
East : ~258175.j240 0
Length: 54,17038812 0
East: 4258131.1026 0
Length: 27.51490926 0
East: 4258109,1899 0
Length: 62,48310019' 0
East: 4258056.9282 O.
Length: 41,03093365 ,0
East 4258024~2102 0
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PRE-SUBMITTAL REC'D
NOV I 3 2008
Line Course:~ S 46-00-58 W
North: 880102.4559
Line Course:. S 45-13-47 W
North, 880067.6438
Line Course: S' 52-40-55 W
North, 880036.0430
Line Course: S 55-11-56 W
North, 880011.4987
Line Course: S 4'6-.46-53 W
North, 879950. 8P87
Line Course: S 38-02-36 W
North: 879933.9345
Line Co'urse: S .25-49-44 W
North~ 879917.8008.
Line Co~rse: S .29-04-3j W
North, 879895.7109
Lin'e Course: S 50-49-53 W
North: '879879.4504
Line Course: S 51-00~18 W
North: 879865.0306
Line Course: S 45~01-30 W
North: 879845.7019
Line Course: S 41-02-02 W
North: 879810.4194
Line Course: S 27-25-23 W
North: 879787.2197
Line Course: S 44-01-43 W
North: 879751,3236
Line Course: S 39-26-45 W
.North, 879715,1206
Line Course: S 31-44-11 W
North, 879653,9019
Line Course: S 34-18-37 W
North: 879613.4038
Line :Course: S 33-42-45 W
North, 879530.9114'
Line Cour~e: S 35-38-32 W
North, 879510.3556
Line Course: S 29-04-33 W
North, 879468,9370
Line' Course: S 29-32-58 W
N6rth< 879407.5960
Line' Course: S 33-03-59 W
North, 879375.~953
Line Course: 822-40-11 W
N6rth< 879337.0312
Line Course: S 32-20-48 W
North, 879281.5767
Line' C6urse: 8 28~OO-30 W
North: 879227.8860
Line Coutse: 8 24-05-56 w
North: 879171.5256
Line Course: 8'21-16-03 W
North: 879121.8234
Line .Course: S 16-05-02 W
North: 879090.9132
Line Course: S 10-48-31 W
North: 879037.8361
Line Course: S 07-11-26 'W'
North, 279027.0567
Line Course: N 88-10-40 W
North,' 879044.8836
Line Course: N3j-~3-23 W
North, '879254,7696
Curve ~ength: 346.13850661
Delta: 41-39-52
Chord, 338,56095889
Course In: N 3~~21-46 w
RP North, .879622,787D
Length: 62.73435667 0
East: 4257979.0706
Length, 49,43031085 0
East: 4257943.9782
Length, 52.12591221 0
East: 4257902.5234
Length: 43.00526861 0
East, 4257867.2101
Length: 88.62650394 0
East, 4257802.6239
Length, 21.4263166'0. 0
East: 4257789.4198
Length: 17.92432613 0
. East, 4257781. 6104
Length, 25.27510847 0
East, 4257769.3275
Length, 25,74487517 0
East: 4257749.3678
Length, 22,91577186 0
East: 4257731.5576
Length, 27.34681549 0
East: 4257712.2121
Len'gth' 46.77375462 0
East: 4257681,5049
Length, 26,13673097 0
East: 4257669.4674
L"ngth, 49.92557360 0
East : '4257634.76~3
Length, 46,88128743 0
East, 4257604.9823
Length, 71,98166399 0
East, 4257567.1191
Length, 49.02932297 0
East, 4257539,4825
Length, 99.16937181 0
East, 4257484,4410
Length, 25,29417218 . 0
East, 4257469.7015
Length, 47,39087674 0
East: 4257446.6711
Length, 70.51250651 0
East , 4257411.8961
Length, 37.70799856 0
East, 4257391.3222
Length ,42.22643203 0
East: 42573:75.0474
Length, 65.64.011928 0
East , 4257339,9273
Length: 60.81311001 0
East : 4257311.3694
Length: 61.74171307 0
East" 4257286.1595
Length: 53.33145557 0
East: 4257266.8139
Length: 32,16939346 O.
East: 4257257.9015
Length: 54.03572882 0
East _ 4257247,7683
Length, 10.86486782 0
East, 4257246.4083
Length, 560.62367245 0
East: 4256686.0682
Length, 252,34850038 O'
East, 4256545.9695
Radiu", 476.000000000
Tangent: 181.12102243
Course: N 29-48-18 ED
Course Out: S 81-01-38 ED
East: 4256244.0768
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PRE-SUBMITTAL REC'D
NOV 1 3 2008
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End North: 87954B. 54 7f?
Line Course: ~ 08-58-22 E
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RP North: 880124,1502
End North: 880122,4195
Line- Course: N 00-08-56 E'
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~nd North: 880465,5593
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RP North: 881135:3215
End North:, 88110'8.2419
Line Course,: N 01-42-46 E
North: 881386.9686
Line Course: N' 46-43-03 E
North: 881396.6636
o
Perimeter: 7039.9'2,146931
East: '4256714.2518
Length: 477.57403560 0
. I East: 4256788,7367
Radius: 666. 0000001}0
Tangent: 51.38616518
Course: N 04-33-39 EO
Course Out: S 89-51-04 ED
East: 4256130:8869
East: 4256796.8846
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East: 4256797.1491
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'Course: N 11-09-37 ED
Course Out: N 67-49-42 WD
East : 4257441.1469
East: 425"6844.7660
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East : 4256978.3714
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Cou"rse: N 1'1-56-32 ED
'Course Out: S 88-17-14 ED
East: 4256139.3634
East: 4257044.9587
Length: 278.85128802 0
East: 4257053.2933
Length: 14,14096405 0
East: 4257063,5877
o
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o
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o
o
o
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o
o
o
o
Area: 2,243,824 sq., fi. ~1.51 acre sO
o
D.
Mapcheck Closure - (Uses listed
Error Closure: 0.0015
Error North: -0.00096'
precision 1: '4,693,,282.318180000
o
o
_____----_-"---_--------------------------------~----------------~---c-----D
D.
Parcel name: LOT 8 - EASTERLYO
o
North: 881031.5242
Line Course: N 67-17-31 E
North: 881173.5333'
Line Course: S 22-42-29 E
North: 880885.6388
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End North: 880826,814l
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N~rth: 880748.01:98
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North: 880954.2896
Curve ~engt~: ~2.~58148~6
Delta:: 17-03-09
Chord: 92.51476270
Course In: S 65-07-25 W
RP North: 880823..0431
End North: 881031.5239'
o
Perimeter: 1340.59823591
courses, radii, and deltaslO,
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East: -0.00114
East 4257776,9772 Q
Length: 367,86535594 0
East: 4258116,3271
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East: 4258236,8035
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Cour,se: S 61-17-07 WO
Course Out: S 22-42-29 ED
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East.: 4258129'.4241
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East: 4257941.1346
Length: 23,46471894 0
East: 4257919,4236
Length: 217,55428607 ~ ^
East.: 4257827.9067
Radius: 312.000000000
Tangent: 46.77431745
Course: N 33-24-09 WD
,Course Out: N 48-04-16 ED
East 4257544.8549
East: ,425777.6.9750
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0','
o.
o
o
o
o
o
o
o
o
PRE.SUBMITTAl RECIO'
NOV 1 3 2008
Area: 112,822 sq: ft. 2:59 ~cresO
o
Mapcheck Closure - (Uses listed courses, radii, and deltas)'O
Error Cl'osure ~ 0.0022
Error No'rth: -0,,0002'7
Precision 1: 609,364.192577270
o
o
-------------------c-------------------------------------------------------0
o .
Parcel name: LOT 8 - WESTERLYD
o
Course: S "83-11-16 WO
East : :....0,00222
North: 880808.2390
Line Course: N 70~05-18 W
North: 88101'9.2953
Line Course:S 21-30-30 E
North: 880992.7470
Curve Length: '179',02'396765
Delta: 14-05-23
Chord: 178..57405578
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RP North: 880726.0195
End North: 880819.8212
Line Course: S 58-12-24 E
North: 880556,3725
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North: 880808.2391'
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East: 4256309.6240'
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East: 4256354.1779
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East: 4256779:,1876
Length: '271.97736317 0
East: 4256881,8272
o
Perimeter: 1599.28879338
Area:
118,.383 sq. ft. 2,72. acre sO
",,'
o
Mapcheck Closure - (Uses listed
Error Closure: 0.0004
. Error North: 0.00008
Precision 1; 3,998,219,883925000
o
o
________c--------c------------------------------------------------_--------0
'0'
Parcel name: PARCEL 10
o
courses, radii, and deltas}O
Course: N 76~55~00 WO
East : -0.00035
.- .'\-
'.
o
I
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J
North: 880657.8607 East : 42"59907,6628 0
Line Course: S 64-00-00 E Length: 122,62954884 0
North: 880604,1034 East : 4260017.8815 0
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North: 880633,4463 East : 4260063.3486 0 I,
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North: 880587.4672 East: 4260084.6875 0
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Line 'Course: S 26-00-00 W Length: 21,33333334 '0
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Line Course:, N64-00-00,W Length: 7.17083931 0 PRE.SUBMIITAL RECIO
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Line Course: S 26-00-11 W Length: . 65 :00000013 0
North: 880424.3472 East : 4260073,9158 o. NQV 13 2008
Line Course: N '64-0'0-00 W Length: 61.82569651 0
North: 880451.4498 Ea-st : 4260018.3473 0
Line -Course: N 26-00-00 E Length: . 14,33333334 0
- North: ,880464.3325 East : 4260024.6306 0
Line Course: N 64-00-00'W Length: 177.68009675 0
North: 880542.2223 East : 4259864,9328 0
Line Course: N 22-10-18 E Length: 37.43751739 0
. ~
North: 880576.8916 East : 4259879.0610 0'
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Delta: 5-25-57 Tangent: 42.98444160 0
Chord: 85,87229033 Course: ,N 19-27-19 ED
Course In; N 67-49-42 w Course Out"; S 73-15-39 ED..
RP North: 880918,8005 East : 4259040.0531 0
End North: 88065,7.8587 East : 4259907,6621 0
Line Course.:" S 72-38-46 E Length: 0.00000000 0
North: 880657,8587 East : 4259907.6621 0
0
Perimeter: 901.59586510 Area: 33,232 sq. ft, 0.76 acre sO
o
Mapcheck Closure - {Uses listed
Error Closure: 0.002,0
Error North: -0.00192
precision 1: 450,796.899695000
courses, radii, and deltas)D
Course: S 20~08-28 WD
East: -0.000710
o
o .
~________,_~___---~------------------------------------------------,-------0
o ' '
Parcel name: PARCEL.2 - CENTRALD
o
North. 88~137,1184
Line Course: S 88-16-40 E
North. 887122,7~03
Line. Course: S 24-52~35 E
North: 886828,2146
Curve Length: 102..05043144
Delta: 18-44-26
Chord: 101.59498581
Course In.; N 65-07~25 E
RP North: 886959.4613
End Nor~h: 886744.2329
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Delta: 18-44-25
Chord: 85.31328757
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RP North: 886563.4974
End North: 886673.7109
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North.'886417,6026
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Northi 886521.1443
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Delta: 1'1-03-18
Chord: 122.33121550
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RP North: 887106.9215
End North: 886579.0187
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North: 88618L4969
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North: 886180,7189
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North: 886158.3892
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North: 88611L3074
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North: '886098.2006
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North: 886080.6543
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North: 886068.1817
Line Course:. S 45-01-30 W
North: 886058..4573
Line Course: S 33-19-21 W
North:, 886036.8944
"
East 4270830,5890 '0
Length: 477.40922631 0
East: 4271307.7826
Length: 324.'68043175 0
East: 4271444,3633
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Course.Out: S 46-22-59 WO
East: 4271727.4154.
East: 4271501.5372
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Course: S 34-14.,...48 EO
Course Out: N 65-07-25 EO
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East: 4271549.5477
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East: 4271668.3010
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East : 4271915.72~7
Radius: 634.999999990
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Course: N 61-45-52 EO
Course Out: S. 33-45.-47 EO
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East: 4272023,5024
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East: 4272189,8550
Length: 1.38948797 0
East : 4272i88, 7038
Length: 42,79597006 0
East: 4272152.1952
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East': 4272108.,1853
Length: 3.1.82888586 0..
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Length:'22,23559589 0
East: 4272020.9006
Length: 13,75841546 0
East: 4272011.1676
Length: 25,80552093 0
East: 4271996,9913
.0
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
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'0
'0
o
o
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PRE-SUBMITTAL REC'D
NOV ! 3 2008
/'
I
I
.;;..1
, " c>
"
Line Course: S 47-55-59 W Length: 13.78590900 0
North: 886027.6578 East : 4271986.7572 0
Line Course: S 49-51~18 W Length: 21. 31312149 0
North: 886013,9168 East : 4271970,4651 0
Line Course: S 60"00-12 W .Length: 21.98788240 0
North: 886002.9239 Eas.t : 4271951. 4224 0'
Line Course: .s 43-43~23 W L,ength: 13.16341431 0
North: 88599'3.41Q9 ,East : 4271942,3242 0
Line Cours.e: S 54~43-12 W Length: 54,17038812 0
North: 885962.1235 East ,:' 4271898.1028 0
Line Course: S 52-47-13 w tength: 27.51490926 0 I
North: 885945.4831 East : 4271876.1902 0
Line Course"; S 5"6-45-48 W Length: 62.48310019' 0
North: 885911.2362 East : 4271823.9284 0 1
.Line Cour se: S 52-52-57 W Length: 41.03093365 0
North: 885886.4760 East : 4271791.2104 0
Line Course'; S 46-00~58 W Length: 62,73435667 0
North: 885842.9097 East : 4271746.0708 0
Line Course: S 45-13-47 W Length: 49,43031085 0
North: 885808.0976 East : 4271710.9784 0
Line Course: S 52-40-55 W Length: 52.12591221 0
North: 885776.4969 East : 4271669.5236 0
Line Course: S 55-11-56 W Length: 43,00526861 0
North: 885751.,9525 East : 4271634.2104 0
Line Course: S 46-46-53 W Length: 88.62650394 0
North: 885691.2625 East : 4271569.6241 0
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North: 885674.3883 East : 4271556:4200 0
Line Course: S 25-49-44 W Length: 17.92432613 .0
North: 885658.2546 East : 4271548.6106 0
Line Course: S 29-04-33 W Length: 25.27510847 0
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Line Course: S ,50-49-53 W Length: 25.74487517 0
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Line Course: S 45-01-30 W Le~gth: 27.34681549 0
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North: 885550.8732 East : 4271448.5051 0
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North: 885527,6735 East : 4271436,4676 0
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North: 885491.7774 East. : 4271401. 7685 0
Line Course: S 39-26-45 W Length: 46.88128743 0
North: 885455,5744 East : 4271371. 9825 ,0
Line Course: S 31-44-11 W L~ngth: 71'.98166399 0
North: 885394,3557 East : 4271334.1193 0
Line Course: S 34-.18-37 W Length: 49.02932297 0
North: 885353.8576 East : 4271306.4828 0
Line Course: S 33-42-45 W Lengt"h: 99.16937181 0
North: 885271.3652 East : 4271251. 4412. 0
Line Course: S 35c38~32 W Length: 25.29417218 0
North: 885250.8094 East : 4271236.7017 0 \
Line Cour.:::;e: S 29-04-33 W Length: 47.39087674 0
North: 885209.3908 East : 4271213.6.713 0
Line Course: S 29-32-58 w Length: 70.51250651 0 PRE~SUBMITTAL REC'D
North: 885148.0499 East : .4271178.8964 0
Line Course': S 33-03-59 W Length: 37,70799856 0
North: 885116.4491 East : 4271l58,3225 0 NOV 1 3 2008
Line Course: S 22-40-11 .W Length: 42.22643203 0
North: 885077.4850 East : 4271142.0476 0
Line Course: S 32-20-48 W Length: 65.64011928 0
North: 885022.0305 E~st : 4271106,9275 0
Line Course: S 28-00-30 W Length: 60.81311001 0
North: 884968.3.398 East : 4271078,3697 0
Line Course: S 24-05-56 W Length: 61.74171307 0
North': 884911,9794 East : 4271053,1597 0
Line Course: S 21-16-03 W Length: 53.33445557 0
" ,~
.
North: 884862.2772 East : 4271033'.8141 0
.Line Course: S 16-05-02 W Length: 32.16939346 0
North: 884831.3670' East : 4271024.9018 0
'Line Course: S 10-48-31 W L~ngth: 54,03572882 0
North: 884778.2899 'East : 4271014.7685 0
Line C6utse: S 07-11-26 W Length': 10" 86486782 0
North: 884767.5105 East: 42.71013.4085 0
Line Course: N88010-40 W Length.; 560,62367245 0
North: 884785,3374 East: 4270453,0684 0
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North: 884995.2235 East : 42703i2.9698 0
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Del ta"; 41-39-52 Tangent: 181.12102243 0
Chord: 338.56095889 Course: N 29-48"18 ED
Cqurse'In: N 39-21-46 W Cour"se Out: S 81-01-38 ED
RP North: 885363.2408 East : 4270011,0770 ,0
End North: 885289..0014 East : 4270481.2520 0
Line Course: N 08-58-22 E Length: 477.57403560 0
North: 885760,7312 East : 4270555,7369 0
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Delta: 8-49-26 Tangent: 51.38616518 0
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RP North:, 885864.6040 East : 42698'97.'8871 0
End North: 885862,8733 East. : 4270563,8848 0
Line Course: N 00-08-56 E Length: 101.77904873 0
North: 88596'4.6520 East : 4270564.1493 0
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Delta: 22-01'-22 .Tangept: 125,31380633 0
Chord: 246,01336437 Course: N 11-09-37 ED
Course In: S 89-51~04 E Course Out: N 67-49-42 WO
RP North: 885962.9785 East : 4271208,1471 0
End 'North": 886206.0131 East : 4270611.7662 0
L,ine Caurse: N 22-10-18 E Length: 316.593'81626 0
North: 886.499.1971 'East : 4270731 .'2433 0
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North: 886421.3073 Ea'st : 4270890.9411 0 ,
Line CO,urse: S 26-00-00 W Length: '14.33333334, 0,
'North: 886408.4246 East : 4270884.6578 0 .,
Line Course: S 64-00-00 E Length: 61,82569651 0
North: 886381.3220 East : 4270940.2264 0
Lirie Course: N 26-00~11 E Length: 65.00000013 0
North: 886439.7421 East : 4270968.7236 0
Line Course: S 64-00-00 E "Length: 7.17083931 0
North: 886436.5986 East : 4270975.1687 0
Line Course:-N 26-00-0,0 E Length: 21.33333334 0
North: 886455.7728 East : 4270984,5206 0
" Line Course: N 64-00-00 W Length: 6,99703928 0
North: 886458.8401 East : 4270978,2317 '0
Line Course: N 25-59-58 E Length: 65,00000004 0
North: 886517.2620 East : 4271006.7253 0
Lin"e Course: N 64-00-00 W Length: 62,00219680 0
North: 886544.4420 East : 4270950.9981 0
Line Course: S 26-00-00.W Le,ngth: 14.33333334 0
North: 886531,5593 East : 4270944 :7148 0 PRE.SUBMITIAl REC'D
Line Course: N 64-00-00 W Length: 39.33766647 0
North: 886548,8038 East : 4270909.3583 0
Line Cours.e: N .26-00-11 E Length: 46.30465249 0 NOV 1 3 2008
North ': 886590'.42)1 East : 4270929..6592 0
Line Course: N 63-59-49W Length: 28.00000004 0
North: 886602.6968 East : 4270904.4936 . 0
Line Course: S' 26-00-11 W Len'gth: 46,30614479 0
North: 886561,0782 East : 4270884.1921 0
. Line Course-: N 64-0D-00 W Length: 122,62954885 0
North: 886614.8354 East : 4270773,9734 0
Curve Length,: 237.60752450 R?-dius: 906,000000060
"Delta: 15'-01-35 Tangent: 119,48787181 0',
Chprd: 236.92413.614 Course: N 09-13-33 ED
Course In: N 73-15-39 W Course Out: S 88-17-14 ED
.~
..
..
RP North: 886875.7772
End North: 886848.6976
'Line Course: N 01-42-46 E
North: 887127.4243,
Line Course: N 4'6-43-03 E
North: 887137.1193
East: 4269906,3644
East: 4270811.9596
Length: 278,85128802 0
East : 4270820',2942
Length: 14.14096405 0
East: 4270830.5886
o
o
o
o
o
Perimeter: 7694.83336717
Area: 2,210,592 sq. ft. 50.75 acre sO
o
Mapcheck Closur.e - (Uses listed course.s, radii, and deltas)D
Error Closure:- 0.0011 Co.urse: N 24,-20-45 WD
Error North: 0.00096 East: -0.00044 0
precision 1:. '6,995,306.764400000
PRE-SUBMITTAL REC'D
NaV 1 3 2008
..
,
\
1l 1
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Land Title
"
reen
C0l11pany
. PRELIMINARY TITLE REPORT
/
Order reports and listing kits online at (www.evergreenlandtitle.com)
.AI~ 5,2008
Main Office:
1651. Centennial Blvd.
Springfield, OR 97477
Phone # (541),741-1981 Fax # (541)741-0619
ELT-55927
Branch Office:
625 country Club Rd. . Eugene. oregon 97401
P.O. Box.10211 . Eugene. Oregon 97440
\.
PRE.SUBMITTAl REC'O
NOV 1 3 2008
.
Phone # (541) 687-9794 Fax # (541) 687-0924
."
I
1651 CENTENNIAL BLVD. . SPRINGfIELD, OR 97477
P,O. BOX 931 . SPRINGfiELD, OR 97477
PHONE: 541.741.1981
FAX: 541.741.0619
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TITLE INSURANCE SERVICES' .ESCROW CLOSINGS
625 COUNTRY CLUB RD. . . EUGENE, OR 974111
P.O. BOX 10211 . EUGENE, OR 97440
. PHONE: 541.687.9794
FAX: 541.687.0924
November 5, 2008
Our'Order No.: ELT-55927
2nd SUPPLEMENTAL TITLE REPORT
PeaceHealth
123 lnternational Way
Springfield, .oregon 97477
Attn: Philip Farrington
Estimated Premium for:
PARTIAL BILLING.
$200.00
TOTAL
$200.00
Dear Philip:
We are prepared to issue on request and on recording of the appropriate documents, a policy or
'policies 'as applied for, with coverages as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
Lot 8, RIVERBEND, PHASE II, as platted and recorded June 3, 2008, Reception No. 2008-
030895, Lane County Oregon Plat Records, In Lane CountY, Oregon.
Showing fee simple title as of October 29, 2008, at 8:00 a,m., vested in:
PEACEHEALTH,
a Washington non-profit corporation
Subject only to the exceptions shown herein and to the terms, conditions and exceptions
contained in the policy form, No liability is assumed until a full premium has been paid.
PRE-SUBMITTAL REeD
NOV 1 3 2008
CONTINUED
"IN OUR BUSINESS, YOU MATTER,MOST"
www.e~ergreenlandtitle.com .
-,
'.
ELT - 55927.
Page 2
SCHEDULE B
,GENERAL EXCEPTIONS
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; proceedings
by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records. .
-.,:;:,"
2.. Facts, rights, interests or Claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, or Claims of easement, not shown by the'public records; reservations or
exceptions in jJatents or in Acts authorizing the issuance thereof; water rights, Claims or title to
wateL .
4, Any encroachment'(ofexisting improvements located on the subject land onto adjoining
land or of existing improvements located on adjoining land onto the subject land),
encumbrance, violation, variation, or adverse circumstance affecting the title that would be
disclosed by an accurate and complete land survey of the subject land. .
5 . Any lien, or right to a lien, for services, labor, material, equipment rental or workers'
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records. '.
CURRENT EXCEPTIONS
6. Taxes, Map No. 17-03-23,22-00500, Code 04-78,AccountNo. 0193787,.2008-2009, a lien
in the amount of$I,989.51, now payable.
.Taxes, Map No. 17-03-23-22-00600, Code 04-78, Account No. 019376],2008.2009, a lien
in the amount of $2,468,91, no"" payable.
Taxes, Map No. ] 7-03-23"22-00700, Code 04-78, Account No. 0193803, 2008-2009, a lien
in the amount of $4,1.48,88, now payable. .
'Taxes, Map No. 17-03-22-00-00300, Code 04-78, Account No. 0187821, 2008~260~, a lien
in the amount of $39,095.64, now payable.
Taxes, Map No, 17-03-22-00-00700, Code 04-78, Account No. 0187862, 2008-2009, a lien
in the amount ~f $11,286,26, now payable. (Includes Additional Property) ,
Taxes, Map No. 17-03-22-00-00902,Co'de 04-78, Account No. 1193141,2008-2009, alien
in the amount of$3]5,950.]6, now payable. .
Taxes; Map No. 17-03-22-00-01000, Code 04-78, Account No. 0187938, 2008.2009, a lien
in the amount of$30,037.86, now payable, .
Taxes, Map No, 17-03-22-00,0]001, Code 04-78, Account No.' 1052545, 2008.-2009, a lien
"in the amount of $2,821.61, now payable.
'continued next page..,
CONTINUED,
PRE-SUBMITTAL REC'O
NOV 1 3 2008
l
ELT - 55927
. Page 3
/ Exception No.6 continued".
Taxes, Map No. 17-03-22-00-01001, Code 04'30, Account No. 1696564,2008-2009, a lien
in the amount of$219.23, now payable,
. '"
Taxes, Map No. 17"03-22-00-01201, Code 04-78, Account.No. 1167020,2008-2009, a lien
in the amount of $5,077 .40, now payable. .
Taxes; Map No. 17-03-22-00-01203; Code 04.-78, Ac~ount No. 1467958, 2008-2009, a lien
in the amount of$199,768.06, now payable.
Taxes, Map No. 17-03-22-00-01400, Code 04-78, i\ccount-No. 0187961,2008-2009, a lien
in theamotint of$4,818.16, now payable, (Inc1udesAdditional Property)
Taxes, Map No. 17-03-22-00-01400, Code 19-00, Account No. 0187987,2008-2009, a lien
in the amount of$3,386.51, now payable.
Taxes for 2009-2010 tax year will be assessed to Map No. 17-03-22-00-04100,
, .
7. The real property taxes for the fiscal year 2008-2009 are exempted by virtue of charitable
organization, The company assumes no liability should the exempt status be lifted and taxes
levied.
.
.
.
.
.
.
'.
Map No. 17~b3-22-00-00902, Code 04-78, Account No. 1193141 (Current Exemption:,
$22,413,941.00)
Map No. 17-03-22-00-01000, Code 04-78, Account No. 0187938 (Current Exemption:
$54,276,590,00) .
Map No. 17-03-22~00-01201, Gode04-78, Account No. 1167020 (Current Exemption:
$99,895,556,00), '
Map No. 17-03-22cOO-01203, Code 04-78, Account No. 1467958 (Current Exemption:
$27,078,762.00)
Map No. 17,03~22-00-01400,Code 04-78, Account No. 0187961 (Current Exemption: ,
$91,397.00)
Map No. 17-03-22-00-01201, Code 04-30, AccouiIt No. 1728458 (Current Exemption':
$125,387.00) .
Map No. 17-03-22-00-01201, Code 19-00, Account Nil. 1728466 (Current Exemption:
$130,301.00)
8. Rights of the public in any portion of said premises-lying within the limits of streets, roads
and highways. .
9. Any adverse claim based upon the assertion that the location ofthe McKenzie River has
moved and that any portion of the subject property has been created by artificial means or has
accreted to such portions so created, or based on the provisions of ORS 274,905 throl;lgh
274,940.
10. Rights of the public and of governmental bodies in and to that portion of that portion of the
premises herein qescribed lying below the high'water mark of the McKenzie ,River and the
ownership of the State of Oregon in and to that portion lying below the high water mark
thereof. . .
CON TIN U E D PRE-SUBMITTAL RECID
, NQV 1 3 2008
,~
ELT - 55927
Page 4
I I. E~sement, granted to the United States of America, including the terms imd provisions
thereof, by instrument Recorded August 6, 1947, Book 353, Page 220, Lane County Oregon
Records: . .
12. Easement, granted to the United States of America, including the terms and provisions
thereof, by instrumentRecorded August 6, 1947, Book 353, Page 224, Lane County Oregon'
Records.
I3. Easement, granted to the United States of America, including the terms ?I'd provisions
thereof, by instrument Recorded August 6, 1947, Book 353, Page 232, Lane County Oregon
Records, '.
14. Easement, granted to the United States of AmeriCa, including the terms and provisions'
thereof, by instruri1ent Recorded August 9, 1950, Reception No. 25660, Lane Coup.ty Oregon
, Records.
, ,
15. Waterline Easement, granted to Oak"iay Water District, including the terms' and provisions
thereof, by instruri1ent Recorded November 13, 1968, Reception No. 44944, Lane County
Oregon Records.
16. Reservation for 60' Roadway Easeinent as contained in Warranty Deed Reco;'ded April 5,
1991, Reception No. 91-15745, Lane County Oregon Records, .
NOTE: Said Easement will terminate upon the dedication of St. Joseph Place as a Public
Street. .
17. Annexation Agreement, including the terms and provisions thereof, between the City of
Springfield, and Arlie & Company, an Oregon corporation;by instrument Recorded June 8,
2001, Reception No. 2001-034714, Lane CountyOregon Records.
Assignmen~ of Annexation Agreement, including the terms and provisions thereof, from
Arlie & Company, an OregOIl corporation, to PeaceHealth, a Washington non-profit '
corporation, by instrument Recorded December 31, 2001, Reception No. 2001-088566, Lane'
County Oregon Records.' . I
Said Annexation Agreement was amended by instrument Recorded October 8, 2003,
Reception No. 2003-098507, Lane County Oregon Records.
, \
18, Annexation Agreement, including the terms and provisions thereof, between PeitceHealth, .
a Washington corporation, and the City of Springfield, by instiument Recorded June 5, 2002,
Reception No. 2002-043 I 61, and amended by instrument Recorded October 8, 2003, Reception
No. 2003-098507, Lane County Oregon Records.-
I
I
I
"
!
19. Improvement Agreement, including the terms and provisions thereof, between the City of
Springfield, aild PeaceHealth, by instrument Recorded June 30, 2005, Reception No..2005-
048788, Lane County Oregon Records. .
.'
CONTINUED
PRE.SUBMITTAL REC'O
NOV 1 3 2008
/
ELT - 55927
Page 5
20. Easement Agreement, including the terms and provisions thereof, between PeaceHealth,
luc:, and John E. J~cqua and Rosamond R. Jacqua,by instrument Recorded August 19,2005,
Reception No. 2005-064895, Lane County Oregon Records.
21. Gas Pipeline Easement, granted. to Northwest Natuial Gas Company, including the terms
and provisions thereof, by instrument Recorded January 23, 2006, Reception No. 2006-004903,
Lane County Oregon Records.
22. Declaration of Access and Maintenance Agreement; including the terms -and provisions
thereof, between PeaceHealth, a Washington non-profit corporation, WiIlamalane Park and
Recreation District, an Oregon special district, and the City of Springfield, a municipal
corporation of the State of Oregon, by instrument Recorded May 10, 2006, Reception No.
2006-032093, Lane County Oregon Records.
23. Unrecorded Lease, including the terms and provisions thereof, between Peacehealth, a
Washington nonprofit corporation, Lessor, and NSC Properties, LLC, an Oregon limited
liability company, Lessee, as disclosed by Memorandum of Lease Recorded August 7, 2007,
Reception No. 2007-055315, Lane Courtty Oregon Records, (Affects Tax Lot 902)
24. Line of Credit Deed of Trust, including the terms and provisions thereof, executed by NSC
Properties, LLC, an Oregon limited liability compilny, as to'a leasehold interest, as Grantor(s),
to First American Title Insurance Company, as Trustee, for the benefit of Umpqua BlJ!lk, as
Beneficiary, Dated August 1,2007, Recorded August 7, 2007, Reception No. 2007-055316,
Official Records of Lane County, Oregon, given to secure payment of a Note for
$30,000,000,00. (Affects Tax Lot 902)
25. Assi~ent of Rents, as additional security for Fhe paYill:ent of the indebtedness secured by
the Deed of Trust as insured herein, which assignment was executed by NSC Properties, LLC, '
an Oregon limited liability company, as to a leasehold interest, to Umpqua Bimk, by instrument
Recorded August.7, 2007, Reception No. 2007-055317, Lane County Oregon Records,
, .
(Affect~ Tax Lot 902) .
26. Assignment of Lease for Security Purposes, as additional security for the payment of the
indebtedness secured by the Deed of Trust as,insured herein, which assignment was executed
by NSC Properties, LLC, an Oregon limited liability company, to Umpqua Bank, an Oregon,
state-chartered bank, by instrument Recorded August 7, 2007, Reception No. 2007-055318,
Lane County Oregon Records, (Affects Tax Lot 902)
27. U,c.c. Finaricing Statement, including the terms and provisions thereof, between NSC
Properties, LLC, Debtor, and Umpqua Bank, Secured Party, by instrument Recorded August 7,
2007, Reception No. 2007-055319, Lane County Oregon Records. (Affects Tax Lot 902)
28. Covenants, Conditions, and Restrictions, but omitting restrictions, if any, based on race,
color, religion or national origin, imposed by instrument, including the terms and provisions
'. thereof, Reco;ded Apri18, 2008, Reception No. 2008-019743, Lane Count,l Oregon Records. '
, ' '. " ,PRE.~UBMITTAL REC'D
CONTINUED ',' .
NQV 13 2008
. "
"
.
ELT - 55927
Page 6
,!'n
29. Levies and Assessments, if any, by'virtueofthe fact that the Covenants, Conditions and
Restrictions contain among other things provisions for said levies and assessments of the
RiverBend Tenants' Association.
30. Restrictions as shown on the recorded plat as follows: "No buildings, structures, trees,
shrubbery or other obstructions shall be placed on or located within the public utility .
easements. "
31. Easements as shown on Easement Table of the recorded plat ofRIVERBEND, PHASE II.
32. Temporary Public Access Easement, granted to the City of Springfield, a municipal
corporation, including the terms and provisions thereof, by instnunent Recorded June 3, 2008,
Reception No. 2008-030896, Lane County Oregon Records.
33, Improvement Agreement including Notice of Potential Assessment Lien, including the
terms and provisions thereof, by instnunent Recorded June), 2008, Reception No. 2008-
030898, Lane County Oregon Records. '
34. Improvement Agreement including Notice of Potential Assessment Lien, including the,
terms and provisions thereof, by instnunent Recorded June 3, 2008, Reception No. 2008-
030900, Lane County Oregon Records.
35. Public Way Use Agreement, including the terms and provisions thereof, byinstnunent
Recorded June 3, 2008, Reception No. 2008-030902, Lane County Oregon Records,
36. Construction Lien in favor of Jared Nesbitt, Claimant, in the amount of $32,634.00,
including costs, by instrument Recorded June 19, 2008, Reception No. 2008-034441, Lane
County Oregon Records.
37. Construction Lien in favor of Cascade Acoustics, Inc., Claimant, in the'amount of
$307,111.00 including costs, by instnunent Recorded October 22, 2008, Reception No. 2008-
058199, Lane County Oregon Records.
38. Construction Lien in favor of Hathaway's, Inc., an Oregon corporation, Claimant, in the
amount of $2,694,844.49 including costs, by instnunent Recorded October 24, 2008, Reception
No. 2008-058616, Lane County Oregon Records.
C ONTlNUED
PRE.SUBMITTAL REC'O
NOV 13 2008
['
"
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Page 7
NOTE: The addressees) of the property tobe insured herein is:
NOT KNOWN. (17-03-23-22-00500)
3351 AND 3353 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477. (17-03-23-22-
00600)
3387 GAME FARM ROAD, SPRINGFIELD, OREGON 97477. (17-03-22-00-00700)
3311,3333,3355,3363,3377 AND 3383 RIVERBEND DRIVE, SPRINGFIELD; OREGON
97477. (17-03-22-00-00902)
3333 GAME FARM ROAD, SPRINGFIELD, OREGON 97477. (17-03-22-00-01000)
3420 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477. (17-03-22-00-01000)
3306 BALDY VIEW LANE, SPRINGFIELD, OREGON 97477. (17-03-22-00-01001)
3125 GAME F ARM ROAD, SPRINGFIELD, OREGON 97477. (17-03-22-00-01201)
,NOT KNOWN. (17-03-22-00-01203) .
3113 GAME FARM ROAD, SPRINGFIELD, OREGON 97477. (17-03-22-00-01400)
NOTE: As of October 29, 2008, there are no liens for the City of Springfield.
INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE'
OF RESCISSION RECORDED IN THE LAST 24 MONTHS.
NOTE: SUPPLEMENTED TO UPDATE REPORT.
Very truly yours,
EVERGREEN LAND TITLE COMPANY
HOME OFFICE
By:
~7 '
. ~ I/!----~// .-~
'---'
Joseph M, Silence
Title Officer
CC: KPFF Consulting Engineers
Attn: Tova Purnell (email: tova.purriell@kpffcivilpdx.com)
NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND
PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCl"T r Fl>, A MINIMUM,
CANCELLATION FEE OF $200.00 WILL BE CHARGED,
. PRE-SUBMITTAL REC'O
. NOV 1 3 2008
ii.. ";
:-~..,/.
After recording return to:
PeaceHealth
'PO Box 1479 .
Eugene, OR 97440-1479
'PRE.SUBMITTAL REC'l)'
NOV 1 3 Z008
DECLARATION OF RECIPROCAL EASEMENTS
"
This Declaration of Reciprocal Easements is made by PeaceHealth, a Washington,Non"
Profit Corporation hereinafter referred to as Declarant. .
Recitals:
A. Declarant is the owner of that certain real property in Lane County, Oregon, and
more particularly described on Exhibit A attached hereto and by this reference incorporated
herein ("RiverBend Lot 8"): '
B, Declarant is partitioning the RiverBend Lot 8 into two separate parcels. Parcel I
is described on Exhibit B attached hereto and by this refen:nce incorporated herein ("Parcel 1").
Parcel 2 is described on Exhibit C attached hereto and by this reference incorporated herein
,("Parcel 2")..
\
C. Declarant desires. to create reciprocal easements on the RiverBend Lot 8 for the
benefit of the Owners of any and all portions of parcels I and, 2 and their respective heirs,
successors; assigns, grantees, mortgagees, tenants, .and subtenants. '
NOW,THEREFORE, Declarant hereby declares as follows:
AGREEMENT:
I. Easements.
1.1 Ingress, Egress, and Parking. Declarant declares, grants" creates, and
reserves for Declarant, its assigns, grab.tees, and successors in interest having record title
to any portion of the RiverBend Lot. 8 (hereinafter referred to in the' aggregate as
"Owners") and each Owner's respective employees, agents, patients, invitees, and
tenants, and the employees, agents, patients,' and invitees of each 'Temint and;for the
benefit of and as a burden upon the RiverBend Lot 8 an appurtenant non-exclusive
easement for the purpose of ingress and egress by vehicular and pedestrian traffic, and for
vehicle parking upon, over, across, and through. the RiverBend Lot. 8 at designated
parking areas. . ' '
. 1.2 Utility Lines. Declarant declares, grants, creates, and reserves for itself
" and for each Owner, and for the benefit of and as a.burden upon the RiverBend Lot 8, an
appurtenant non-exclusive easement under, through, and across the RiverBend Lot 8 for
the installation, maintenance, repair, and replacement, of water drainage systems or
structures, water mains, storm drains, sewers, water'sprinkler lines, telephone or electric
Page I - DECLARATION OF RECIPROCAL EASEMENTS
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102808.doc .
PRE.SUBMITIAL REC'O
NOV 1 3 2008
\ 'J:.
conduits or systems, gas )1lains, and other public utility facilities necessary for the orderly
development and operation of the RiverBend Lot 8. The rights granted pursuant to such
easements shall at all times be exercised in such mariner as to cause the least interference
with the normal operation of the RiverBend Lot' 8 and provided further, except in an
emergency, the right of any Owner .to enter upon the Parcel of any either Owner far the
exercise of any right pursuant to such easements shail be conditioned upon obtaining the
prior written consent of such other Owner for the exercise .of any right pursuant to such
easements, which consent shall not be unreasonably withheld .or delayed. All systems,
structures, mains, sewers, conduits, lines, and .other public utilities shall be installed and
. maintained below the surface of ground level of such easements. In the event an Owner
deems it necessary to cause the installati.on .of a storm drain, utility line, .or sewer cross
the RiverBend Lot 8, subsequent to the initial paving and improving thereof, the
respective Owner agrees not tq unreasonably withhold the granting of any necessary
additi.onal easements. Such Owner may withh.old its consent if such installation would
unreasonably interfere with the operation of any business on the RiverBend Lot 8 or with
Owner's plans far the devel.opment .of its Parcel. The Owner making .or causing such
'installati.on shall, at its sole cost and expense, c.ompletely restore t.o its .original c.onditi.on
all improvements and surfaces disrupted as a. result .of such installati.on. In the event it
should be necessary t.o grant any '.of the foregoing easements and rights to local utility
c.ompanies as a conditi.on .of their providing or c.ontinuing service, such rights shall be
granted. Parcel I and Parcel 2 are subject t.o a rec.orded Declaration .of C.ovemints,
Conditions, and Restricti.ons for Riverbend Campus ("CC & Rs"). rec.orded in the Lane
C.ounty Deeds and'Records as D.ocument Number 2008-019743. The responsibilities for
the general maintenance and repair .of the utilities .on Parcel I and Parcel 2 are subject t.o
the"terms and conditi.ons of the cC & Rs, which are incorp.orated herein by reference.
1.3 Building Encroachments. Each Owner, as grant.or with respect to its
, Parcel, hereby grants t.o each .other Owner as grantee and far the benefit .of its Parcel, an
easement ' far any emergency exit from a building (n.ot t6 exceed six feet) .or any portion
.of any building .on structures on any parcel (including, but not limited t.o, subsurface
supp.ort elements required for the c.onstruction or rec.onstructi.on .of such building .or
structures) which may encroach on t.o .or over an adjoining Parcel. Provided, the
encroachment easement shall not extend to encroachments which are intentional or which
materially and adversely affect the locati.on, " orientati.on, . design, .or construction of
improvements t.o be constructed .on the .Parcel upon which the encroachment has taken
place unless first approved in writing by. the Owner .of the affected parcel. The easement
granted ' herein shall last sa l.ong as the building .of which such'encrqachment is a part is
standing.
1.4 Storm Water Drainage. Each Owner, as grantor with respect ta its
Parcel, hereby grants ta each other Owner, as grantee and far the benefit .of its Parcel, an
easement far storm water drainage:
2. Notices. Any natice. .or demand given or served by any Owner ta anather shall
nat be deemed ta have been duly given .or served, unless in writing; persanally delivered, .or
farwarded by pastage prepaid certified, .or registered mail, return receipt requested, .or by anather
cammercially recagnizable means .of delivery which maintains delivery recards (such as federal
Page 2 - DECLARA nON OF REC1PROCAL EASEMENTS
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I02808.doc
\,
PRE.SUB~fllT'f'Al REC'O
NOV 13 2008
. .
express) addressed to the address of the Owner.show,n on the real property tax records. Notices
and demands shall be deemed effective upon receipt. The person(s) and place(s) 'to which
notices are to be given may be, changed by the Owners by-written notice to the other Owners.
3. Attorney's 'Fees.. In the event 'legal proceedings are commenced to enforce any
of the terms, of this Declaration, ilie prevailing party in such action or any" appeal, shall,have the
right to recover re~s.onably attorney's fees and costs from the other party to be fixed by the court
in the same action.
4. Duration. The easements contained herein shall be perpetual:
5.' Modification and Approval. Except as otherwise provided herein,' any
approvals required under this Declaration' or any modification to this Declaration requires the
written consent executed by all.ofthe Owners.
6, General Provisions.
6.1 Not a Public Dedication. Nothing contained herein shall be deemed to be
a gift or dedication of any portion of the RiverBend Lot 8 to the general public or for any
public purposes whatsoever. It being the'intention of Declarant that this Declaration be
strictly limited to and for the purposes herein.
6.2 Captions. The captions in this Declaration are for convenience only.and
do not constitute a part of th~provisions hereof,
6.3, Governing Law. This Declaration shall be construed and enforced in
accordance with,and governed by the laws of the State of Oregon.
,
6.4 Inurement. . ,This Declaration and easements, covenants, benefits, and
obligations created hereby, shall inure to the benefit of and be binding upon each Owner
and its assigns. Acceptance of any deed or' other conveyance of ail estate in the
RiverBend Lot 8 after recording of this Declaration shall be an acceptance of the terms of
this Declaration.
PEACEHEALTH
By:
Title
STATE OF OREGON )
) ss. '
County of Lane )
This instrument was acknowledged before me this ....:.... day of
, as for PeaceHealth.
, 2008, by
Notary Public for Oregon
. My commission expires: '
Page 3 - DECLARATION OF RECIPROCAL EASEMENTS
I:\c\p\2001\301140\LO:rS Partition\DOCS\Submitta13 to cas PlatPreSbmtl13-Nov-2008\Declaratioh of Recipricol Easements clean
102808.doc .
Exhibit A
. RiverBend Lot 8
I
Lot 8 Subdivision of RiverS.end, Phase, #2 as platted and recorded as CS File No,' 41070,
Document number 2008-030895, Lane County, Oregon Deeds and Records.
PRE.SUBwrr~1 DI::C'D
. NOV 1 3 looa
Exhibit A Page 1
0-
;'
.. .
-'
L .l
,-
Exhibit B
Parcell .
Parcel I Land Partition Plat Number 2008-P .
Lane County Oregon Plat Records
PRE.SUBMITTAL RECIO
NOV 1 3 2008 .
Exhibit B Page 1
,
ExhibitC
Parcel 2
Parcel 2, Land Partition Plat Number 2008-P
., ~ .,
" t
Lane County Oregon Plat Records
~
Exhi6it C Page 1
,;-,,; ..
..
,
, .,
DECLARATION'OF COVENANTS,
CONDITIONS AND RESTRICTIONS
DECLARANT:
PEACEHEALTH,
a Washington non'-profit corporation
SITE NAME:
. RIVERBEND CAMPUS
SITE ADDRESS:
City of Springfield, Oregon
AFTER RECORDING
RETURN TO:
PEACEHEALTH
1255 Hilyard Street
Eugene, OR 97401 .'
Attention: Chief Financial Officer
SPACE BELOW THIS LINE FOR USE OF COUNTY RECORDER'S OFFICE
Division of Chief Deputy Clerk
tan~ County Deeds and Records
~~~~B~m~~
1111111111111111111111 1111111111111111111111111 $256,00
00988~942008001S7430470474
. 04/08/2008 03 :50:21 PM
'RPR-REST Cnt=l Stn=8. CRSHIER 07
$235,00 $10,00 $11.00
PRE.SUBMITTAL REC'O
NOV 1 3 2008
,
'" '''-.
j
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
. FOR RIVERBEND
These Covenants, Conditions and Restrictions ("CC&Rs") are made this day of
April 7, 2008 ("Eff",ctive Dat"'''): by PeaceI-lealth, a Washington non-profit corporation,
("PeaceHealth"). ' ,
RECITALS
,
PeaceHealth owns certain real property in Lane County" Oregon, more particularly
described on the attached Exhibit A (the "Property"). PeaceHealth plans to develop the
Property as a mixed-use hospital campus, inCluding hospital facilities, offices, retail and
other llses. In order to' enhance the value of the Property, PeaceHealth d",sires to establish
. certain design and development standardsfor'the Property.
NOW, THEREFORE, PeaceI-lealth subjects the Property to the Covenants,
Conditions and Restrictions set foith bc1ow,said CC&Rs to run 'with the Property and
bind PeaceI-lealth, Owncrs, Occupants and their heirs, succ",ssors, and assigns.
1. DEFINED TERMS
Throughout tliese CC&Rs, the following terms, when capitalized, shall have the
following meanings, except when the context requires othcrwise:
1.1, AssoCiation
"Association" means the RiverBend Tenants' Association formed pursuant to
Section 3.
1.2 Board,
"Board" means the Board of Directors of the Association formcd pursuant to
Section 3.5.
1.3 Business Day
';Business Day" means Monday through Friday'and shall exClude Saturday, Sunday
and State or Federal Legal Holidays.
,
PRE.SUBMITTAL REC'D
NOV 1 3 2008 -
PAGE2
[/Rivcrlknd CCRs AS Rl::COR1)ED 2008-4.8.doc] ,
~
1.4 Common Areas
"Common Areas" means the areas within the Property which are designated for the
common use and benefit of all Owners and Occupants. The Common Areas incorporate
all Common Area l1~provements, to the extent not dedicated toa public entity, I'odted
within thc Common Areas inc]~ding, by way of-illustration, but not by way of lirnitation,
the following: public right-of-way landscaping, including, but not limited' to, tree wells or
street trees; sidewalks; drainage ditches; irrigation; any public trail system; entry
monuments; directional signage and all other general purpose signage; and related
lighting syste'ms and fixtures. Attached hereto as Exhibit:C is a map delineating the
. Common Areas. The Common Areas may be modified from time to time as provided in
Section 7.2. ,
\
1,5 Designated Voter
"Designated Voter'.' meims'that individual nained in a written notice givt;n by all
Owner to the Secretarywhich notice sets forth (a) the address of the Designated Votei' for'
such Owner, and (b) the number of votes which shall be voted py such Designated Voter.
1.6 Development Plans
"Development Plans" means plans for the development of any Third-Party
Improvements.
1.7 Development Standards
"Development Standards" means the standards for improving the Property,
attachcd hcreto as Exhibit B.
1.8 Dit'cctor
. "Dire,etor" means'a member of the Board.
1.9 EilVironmcntal Cost
. .
"Environmental Cost" includes, but is not limited to, costs and damages arising
from or relating to: (a) any violation of, or noncompliance with, miy applicable
, .
Environmental Laws; (b) claims for damages, response costs, audit costs, fines, fees qr
other relief relating to matters addressed in any applicable Environmental Laws;
(c) injunctive relief relating to matters addressed in any applicable Environmental Laws,
, and (d) Hazardous Substance Releases. Costs and'damages as used in this Section shall
include, but are not limited to: (i) costs of evaluation, assessment, testing, analysis,
, cleanup, r'emediation, removal, disposal, monitoring and maintenance, (ii) fees of
attorneys, engineers, eonsultant~, and experts, whether or not taxable as costs incurred at
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before or after h'ial, appeal or administrative proceedings; and (iii) loss or restriction of
use of property.
1.10 Environmental Laws
/
"Environmental Laws'" shall mean any and all federal, State of Oregon and local
laws, regulations, mles, penuit terms, codes and ordinances now or hereafter in effect, as
the same may be amended from time to time, and applicable decisional law, which govem
materials, substances, regulated wastes, emissions, pollutants, animals or plant8, noise, or
products and/or relate, to the protection of health, natural resources; safety .or the
environment.
.1.11 Hazardous Substance.
"Hazardous Substance" shall mean any and all substances defined or designated as
'hazardous, toxic, i'adioactive, dangerous or regulated wastes or materials, or any other
similar term in or under any applicable Environmental Laws.' Hazardous Substance shall
also indude fuels, petroleum and petroleum-derivcd products.
1.12 Hazardous Substance Release
"Hazardous Substance Release" shall mean the spilling, discharge, deposit,
injection, dumping, emitting, releasing, leaking or placing of any Hazardous Substance,
into the air .01' into or 'on any land or waters, except in compliance with applicable'
Environmental Laws or as authorized by a then-current and valid permit issued under
applicable Environmental Laws.
1.13 Common Area Improvements
"Common Area Improvements" mcans any improvement placed or constructed in,
under, or upon the Common Areas, including, without limitation, any driveway, parking
area, utility, drainage ditch, fence, wall or barrier, utility distribution facility, landscaping,
or stgnage.
1.14 Maintenance
"Maintenance" means upkeep to Common Area Improvements installed within the
Common Areas, arid the repair and replacement of damaged, worn, or failing Common
Area Improvements installed in the Common Areas.
1.15 Master Plan
"Master Plan" means the tenus, conditions, rules and regulations of the Master
Plan applicable to the Property and approved by the City of Springfield effective May 23,
2005, as may be amended from time to time. .
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1.16 Occupant
"Occupant" means any Owner, licensee, tenant or subtenant ihlawful possession
o{all Ol'any portion of the Property.
1.17 Officer
"Officer" means either the President or Secretary of the Association or any
arlrlitiona1'person as may be so designaterl by the,Boarrl.
1.18 Owner
"Owner" means PeaceHealth or the,owner of any lot, parcel or portion of the
. Property or any party in lawJul possession of any lot, parcel or portion of the Property
pursuant to a grourid lease, and any successor ~f such ground lessee's interest under a
ground lease. ~
1.19 PeaceHealth
"PeaceJ-Iealth" means PeaceHealth, a Washington non-profit corporation, its
successors and assigns.
1.20 President
"President" means the President of the Association, selected in accordance with
Section 3.15.
1.21 Pl'opel'ty
"Property" means the r~a] property in Lane County, Oregon legally described on
the attached Exhibit A hereto.
1.22 Reviewer
"Reviewer" means PeaceHcalth.
1.23 Secretal'Y
"Secretmy" means the'Secretary of the Association, selected in accordance with
Section 3.15.
1.24 Third Party Improvements
. .
. ,
"Third Party Improvements" means any improvements made to any Third Party
Parcel by an Owner other than PeaceHealth.
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1.25 Third Party Parcel
"Third Party Parcel:' means any pOttion of the Property which is the subject of a
ground lease between PeaceHealth.and an Owner or which is owned by a patty other thim
PeaceHealth. "Third Party Parcel" does not include any pOttion of the Property owned by
PeaceHealth and which is not subject to a ground lease with an Owner.
,
2. PEACEHEAL TH RIGHTS AND RESPONSIBILITIES OVER THE
PROPERTY, THE CC&Rs AND THE DEVELOPMENT STANDARDS
2.1 PeaceHealth Rights and Responsibilities
2.1.1 Reservation of Rights
In addition to other PeaceHealth rights and responsibilities as may be set forth in
these CC&Rs, PeaceHealth shall, at all times, retain the following'rights and
responsibilities with respect to the Property, including the Common. Areas; and over these
CC&Rs and the Development Standards:
, 2.1.1. I The i'ight to assign all Ol'any portions of the rights and
responsibilities and obligations under these CC&Rs to the Association or to others.
2.1.1.2 The right to create or grant.easements or other encumbrances
across the Common Areas as ,set "forth herein in Section 8.
2.1.1.3 The right to review and approve or disapprove all
Development Plans for the Property,
. 2.1.1.4 Thc right to appoint a majority of permanent voting
Directors of the ,Board,
2: 1.1.5 The right to appi'ove'or disapprove any amendments to thcse
CC&Rs and the Deve10pmentStandards.
2.1.1.6 The right to approve or disapprove any reductions,
modifications or expansions of the Common Areas.
./
2.1.1.8
provided in Section 7.1.
The right to Close all or any pOltion of the Common Areas as
. ,
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2.1.1.9 The right to record a map delineating the.Common Areas.
2.].].] 0 The rig~t to enforce these CC&Rs and the Development
Standards to the extent the'Association is not obligated to enforce them or fails to do so.
2.] .1.]] The right tQ approve storage, tl'eatment, deposit, placement
or disposal of any Hazardous Substance"
, 2.1.1.12 The right to approve any change in the prohibited uses of
the Propeliy as sct forth in Sections 6.15 and 6.16. .
2.1.1.13 TheTight to grant or revoke the license for use of the
Common Areas, or pOliions thereaf, pursuant to Section 7.1 herein, and to evict anyane
from the Camman Areas who fails to camply with applicable laws. , '
. 2.1.1.14 The right toenfarce therules orreguJatians of the
Association to the extent it fails to do so.
2. I .I.is Except in the case of an emergency or an agency order
. ,
requiring imf)1ediatc action, PeaceHealth shall have the right ta approve .or disapprove any
proposed investigatary, remediatian, clean-up 91' removal actians of the Association .
which are required pursuant to its' environmental responsibilities under Section 6.1.2 with
respect to.theComman Areas. PeaecHealth shall have the right to require the Association
ta request 'oversight from DEQ .of any investigatory, containment, remcdiatian and
removalactivitics'and/orrequire the Associati()n tascck a statement from DEQ of "No
Further Action," . " .
3. RIVERBEND TENANTS' ASSOCIATION
3.1 Formation
The Association shall be known as the RiverBend Tenants' Associatian and shall
be formed by PeaceHealth as a Washingtonnonprafit corporation as soon as practicable.
after the recording of these CC&Rs and completion of the .common Area Improvements,:.
but in no event later than thc recarding of a memarandum of ground lease for any Third
Party Parcel. All Owncrs shall b~ mcmbers of the Assaeiation. The Association shall act
, through the Board, the membership of which shall be established pursuanHoSection 3.5,'
herein. . , .
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3.2 PeaceHealth's Membership on Board
\
At all times PeaceHealth shall have the right to designate a majority of the
, members of the Board,
3.3 General AlIthodt')' of the Association
-
Subject to the reservation of rights by PeaccHealthas set forth in Section 2, the,
Association shall have all requisite power, duty, and authority to perform its obligations
under these CC&Rs, including the power, duty and authority to enforce the provisions of
these CC&Rs as set forth herein and,to acquire and pay for, out ofthe common fund
,
provided by assessments pursuant to Section 4, all goods and services necessary or
appropriate, for the .proper functioning of the Association 1n accordance with these
CC&Rs. Without limiting the generality of the foregoing, and subject to the other
provIsions of these CC&Rs, the Association shali have the power, duty; authority and.
obligations to do the following:
3.3.1 Duties, Powers and Obligations of the A~sociation
3.3.1.1, Dete11nine the amount of funds necessary or appropriate for
the perfot1nance by the Association of its powers and duties under these CC&Rs.
3.3.1.2 Impose and collect annual and special assessments from the
Owners.
. 3:3,1.3 Maintain bank accounts on behalf of the Association and
designate the signatories required on those accounts.
3.3.1.4 File all appropriate Association incOli1e tax returns,
3.3.1.5 Enforce by legal means, other than any'action that would
create a lien against the Propelty or any leasehold. intcrcst, thc provisions of these
CC&Rs, including creating a lien against any Third Party Improvements.
3,3. 1.6. Undertake Maintenance to the Coml11o'n Area Improvements
in the Common Areas, or in dedicated publie rights-of-way where such Maintenance is.
required by a public agency, pursuant to Section 6.1.1, in a first-class conditio~, and"
establish one or more reserve accounts, if appropriate, for such purpos'es.
3.3.1. 7 Manage and conduct all of its activities pursuant to the
Association's environmental responsibilities set forth in Section 6.1.2 herein.
3.3.1.8 Designate and install new Common AreaImprovementsin
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3.3.1.9 Defend and indemnify PeaceHealth from any liability for all
claims, damages, expenses, costs or fees arising fronl the duties or obligations of the
Association, including, but not ,limited to, bodily injury, property damage, or the clean-up,
remediation or removal of any Hazardous Substance Release. .
3.3.1.10 Obtain policies of insurance as may be necessary or
, appropriate, naming PeaceHealth and all Owners as an additional insured, to'protect the
Association against claims or loss arising ft:om or occurring on thc Comrl}on Areas, or the
operation of the Association, The types and amounts of coverage shall be as th~ Board
may from time' to time deem appropriate for the protection of the Association, its
members, Directors, officers and employees.
. 3,3.1.11 Contract for such services inciuding, without limitation,
legal.and accounting services as may be necessary or appropriate to manage the affairs of
the Association properly and in accordance with these CC&Rs, whetherthe personnel.
performing such services are employed directly by the Association or by a manager or
management finn or agent retained by the Association. .' .
3.3.1.12 Appoint committees from among the Directors and appoint
non-Board members to such committees as the Board may determine fi'om time to time to
be appropriate to assist in the conduct of the affairs of the Association and delegate to ailY
such committee any authority as the Board may deem appropriate, subject in all cases to
the provisions of the CC&Rs.
3.3.1..13 Propose modifications, reductions or expansions of the
Common Areas to PeaccHealth.
3.3.1.14 Execute aniendments, additions or deletions to the CC&Rs
and the Development Standards.
3.4 Voting by Mail
Voting by any party entitled to vote may be by mail; or',other means acceptable to
the Board, with respect to 'any matter before the Board-or the Association. In any case in
.which vodng.by inai] is necessary or desirable, the Secretary shall give written notice to
any party entitled to vote, which notice shall (a) include a written resolution or ballot,
setting forth the proposed actions or candidates (b) state that any party entitled to 'Cote is
entitled to vote by mail for or against such resolutions or ~andidates and ( c) specify a dare
not less than twenty-five (25) days after the date of such notice by which all votes must be
received at the principal office of the Association. Votes received after the date specified
shall not be effective. .
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3.5.. Board of Directors
3.5.1 Generally
The affairs of the Association shall be governed by the Board, which shall be
comprised of at least three (3) Directors, all of which shall be initially designated by
PeaceHealth. PeaceHealth may select, remove and replace its Directors at its pleasure
from-time to time. PeaceHealth's Directors camiot be. removed from the Board by any
action of the Board or the Association. All Directors electcd to the Board, other than
0" PeaceHealth's, shall be affiliated with an Owner. For the purposes of this Section 3.5.1
, only, affiliated hleans either an employee, director, officer, share110lder, patineI' or owner
of the Owner.
3.5.2 Number and Classification of Directors
Upon the formation of the Association, the Board shall consist ofthrce (3)
Directors designated byPeaceHealth. Thereafter, the Board shall consist of three (3)
Directors: two (2) Directors appointed by PeaceHealth and one (1) Director selected by
the Owners other than PeaceHealth in accordance with the voting procedures dcscribed in
Section 3.5.3 herein, subject to the provision to add Directors to the Board as provided in
Section 3.5.2.1.
3.5.2.1 Directors Added to the Board
Five (5) years from the formation of the Association, or after PeaceHealth has
, entered into ground leases or has sold Third Party Parcels, any combination thereof'
resulting in there.being at least three (3) Third Party Parcels, whichever is earlier, two (2)
additional Directors shall be added to the Board; one (I) additional Director shall be
appointed by PcaceHealth, and one (1) additional Director shall be selected through the
,election process described in Section 3.5.3 hercin. Thereafter,-for the add,ition of thrce (3)
additional Third Party Parcels, two (2) additional Directors shall be added to the Board;
one.(l) additional Director shall be appointed by PeaceHealth, and one (1) additional
Director sha11 be selected through the election process described in Section 3.5.3 herein
3.5.3 Election of Directors'
Directors, other than PeaceHealth's, shall be selected annually by majority vote of
all the Owners other than PeaceHealth, with each Owner having one vote"each. Only
Designated Voters shall have the right to vote for Directors. Directors shall be elected at
a ineeting of the Designated Voters or by mail voting in the manner provided below in
, ,
Section 3.5.4. If there is more than one person or entity comprising an Owner, such
persons or entities snail be considered one Owner for .voting 'purposes under any
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provision of these CC&Rs and shall"detennine among themselves how 'their votes will be
cast and who their Designated Voters shall be. If such persons or entities cminot agree on
. how their votes will be cast, their vote will not count.
3.5.4 MeetiIl~s of Owners to Elect Directors
Any meeting of Owpers for the purpose of elccting Directors shall be conducted in
accordance with the following procedures:
3,5.4.1 The first such meeting shall be held no later than'
thirty (30) days after at least two Owners are in possession of a Third Party Parcel.
Subsequent meetings shall be held no later than thirty (30) days prior to the expiration of
the term of any Director or such time that a majority of Designated Voters request such
meeting.
3.5.4.2 Any meeting pursuant to this Section 3.5.4 shall be
held at such place'within J:.-ane County, Oregon as may be designated by the Board. The
, Secretary sliall give written notice of the place and time of any such meeting to each
Designated Voter entitled to vote at such meeting at least ten (10), but not more than
sixty (60), days prior to the date set for such meeting, which notice shall state the purpose,
time, and place of the meeting. The Secretary shall be responsible to notify a Designated
Voter of a meeting only if the Owner for ~hich such Designated Voter is.designated to
. vote has given writtcn notice to the Secretary setting fmth such Designated Voter's name
, and address at least fifteen (IS) days prior to the giving of the notice of the mecting,
Notice of any such meeting may be waived by any Designated Voter or by PeaceHcalth at
any time. No Designated Voter who is present at a meeting may object to the adequacy or
timeliness of the notice given.
3.5.4.3 Any Designated Voter may give a proxy to any
person, so long as such pi'oxy is in writing, signed .by such Designated Voter, and filed
with the Secretary. A proxy shall expire on the earliel' of (a) eleven (II) months after the.
date of the proxy; (b) the date of the expiration or earlier termination of the ground lease
for' which the Designated Voter is designated to vote; (c) the date that the OwnerJor
which the Designated Voteris designated to vote no longer is an Occupant; or (d) the date'
of the lneeting at which a vote is'to be held for which proxy is granted.
3.5.4.4 The prcscnce, in person or by proxy, ofDe~ignated
Voters entitled to cast at:least fifty-one percent (51 %) of the total votes entitled, to be'cast
at any meeting shall constitute a quorum. When voting is by l;1ail'pursuant to the
provisions of Section 3.4, a quorum shall be constituted if the number of votes cast cquals
at least fifty-one percent (5 I %) of the total votes e~titled to be cast.
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3.6 TerriIsof Directors
Each Director sh~lI serve a one-yeaLtenn; provided, however, if the ground lease
with which the Director is affiliated expirescir telminates prior to the end of his or her
term, or an Owner is no loriger an Occupant due to the sale, lease or sublease of the
applicable Third Party Parcel, such Director's term shall end on the earlier of the
expiration date of the ground lease or the date the Owner is no longer an Occupant..
3.7 Resignation.
Any Director may resign. at any time by sending a written notice of such . ,
resignation to the Secretary. Unless otherwise specified in 'such notice, a resignation shall
take effect upon receipt of the notice by the Secretary.
3.8 Vacancies
Vacancies on the Board caused by a Director's death, resignation or termination
pursuant to Section' 3.6 or Section 3.7, shal\ be filled bya special meeting of theBoard to
fill the vacancy. Any Director so selected shall serve the remainder of the replaced
Director's term. PeaceI-Iealth shall fill PeaceI-Iealth Director vacancies promptly.
3.9 Meetings of the Board
3.9.1 Initial Meeting
The initial meeting ofthe Board shall occur withinthitiy (30) days
after the formation of the Association. At the Initial Meeting, the Board shall elect a
President and 'a Sect'etary.
3.9.2 Annual Meetings
the Board shall meet annuaily, within ninety (90) days after the end of each fiscal
year establisl1ed by the Association established pursuant to Section 4.2.2. At each annual
meeting, the Secretary shall present to the Board a report on the financial condition of the
'Association, including a repOli of receipts and' disbursements for the preceding calendar
year, the allocation thereof to each Owner, and the estimated r~ceipts and expenscs for the
comll1g year.
3.9.3 ,Special Meetings
Special meetings may be called at any time by two Directors. Such meetings shall
be scheduled by the Secretary within thirty (30) days after the Secretary's receipt of the
written requests signed by two or mOTe Dinictors; provided that if the purpose of a special
meeting is to elect a successor Secretary or to consider removal of t~e Secretary pursuant
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to Section 3.15.3, such meeting may be scheduled by the President or, if the meeting is
also forthe purpose of electing a successor President or removing the President, any other
Director.
3.9.4 Place of Meetings
Meetings of the Board shall be held at such place within Lane County, Oregon, as
may be designated from til)le to time by the Boai'd.
3.9.5 Notice
The Secretary shilll give written notice to each Director of each Board meeting at
least ten (10) but not more than sixty (60) days prior to the date set fOl: such meeting,
stating the purpose, time, and place of the meeting. Notice shall be sent to the adQress.of
each Director as listed on the.books of the Association, or to such other address as any
Director may designate by writtcn notice to the Secretary given at least ten (10) days prior
to the giving of noti'ce of the meeting'. Notice of any mecting may b~.waived by any
Director at any time, No Director who is present at a meeting may object to the adequacy
or timeliness of the notice given. When a meeting is adjourned for fewer than sixty
(60) days, whether or not a quomm is present at the adjourned meeting, no notice of the
resumption or: reconvening of such adjoumed I'neeting need be given other than ,by
announcement at the meeting at which such adjoumment takes place:,
3.10 Voting by the Board
Each Director shall have one (1) vote. So long as a quorum is constituted and in
attendance, a majority vote of the Directors shall bind the Association. For capital
expenditures to be made by the Association, at least 51 % of the vote of a quorum must
vote in favor ofthe expenditures.
3.11, Proxies Votes by Directors Not Allowed
A Director may not vote,by proxy.
3.12 Quorum
,.
"'
The presence of a majority of the Directors, including a majority of Peace Health
Directors, shall constitute a quomm for voting at,a Board meeting. When voting is by
mail pursuant to the' provisions of Section 3.4, a quorum shall be constituted. if the'
number of votes cast equals at least fifty-one percent (51 %)'ofthe total votes entitled to
be cast. The Board shall have the power to call and/or adjourn a: meeting even if less than
a quorum is present. ' . ,
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3.13 Compensation of Directors
No Director shall receive compensation from the Association for serving on the
Board.
,
3.14 Indemnification of Directors and Officers
No Director or Officcr shall be liable to the Association, the Owners or Occupants
for any act or omission on behalf ofthe Association, except for such Director's or
Officer's willful mi"sconduct or bad faith. Each Director and Officer shall be indemnified
by the Association against all expenses and liabilities, 'including reasonable attorneys'
fees, incurred by or imposed upon such Director or such Officer in such capacity;
provided, however, there shall be no duty to indemnify if any Director or Officer is guilty
of willful misconduct or bad faith in connection with the matter as to which
indemnification is sought.
3.14,1 Ins'urance
The Board shall purchase and maintain general liability and directors and officers
insurance policies on behalf of the Association and any Director and/or Officer against
an)' liability incurred by such Director andlor Officer in such capacity, if such insurance is
available at a cost and on terms which the Board determines to be reasonable. The Board
may purchase such additional insurance as it determines is reasonable and appropriate.
3.15 Officers ofthe Association
3.15.1 Designation
The Officers of the Association shall be the President and the Secretary, both of
whom shall be elected by the Board, The samc pe~son shall not concurrently hold the
offices of President and Secretary, The Board may designate such additional Officers as
it deems appropriate. .
3.15.2 Election
Thc Officers of the Association shall be elected annually by the Board and shall
hold office at the pleasure of the Board and'until their successors are electcd and
qualified. If any office becomes vacant, the Board shall elect a successor to fill the
unexpired term at a spccial meeting of the Board called for such purpose.
, 3.15.3 Removal
The Board, by a majority vote, may remove'any Officer, at any time, with or
without cause, and a.,successor may be-elected at aspecial meeting of the Board called for
, such purpose,
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" 3.15.4 President
The President shall be the chief executive officer of the Association. The
President shall have all of the genera] powers and duties normally incident to the office.
3.15.5 Secretary
The Secretary shall keep the minutes of all proceedings ofth~ Board and all other
Association records and shall attend to the giving of all notices to the Board,and other
notices plirsuantto theseCC&Rs or'required by Jaw. TheSeci-etary shall be responsible
"
for~Association Junqs and shall keep full and accurate financial records and books of
, account sufficient for proper accounting purposes showing all receipts and disbursements
necessary for the prepanition of all required finaneia] data and tax'returns. The Secretary
, '
shall be responsible for the deposit of all Association funds in such depositories as may
(rom time to time be designated by the Board, and shall disburse Association funds fot:
such Purp9ses as may be permitted under these CC&Rs. The Secretary shall perf 01111 all
other duties incident to the office of secretary of the,Association or. as may be directed by
the Board. The Secretary shall perform all of such duties at the expense of the
Association.
,
3.16 Execution ofInstruments .
. All agreements, contracts, and other instruments of the Association shall be
executed by such person or persons as may be designated from time to time by resolution
of the Board.' .
4. ASSESSMENTS
4.1 Anllual Assessments
4;1.1 Authority to Assess
Subject to the limitations and requirements set forth in this Section 4.1.1, the
Association shalfhave the authority to levy annual assessments to pay all expenses
,associated with the Association's performance of its powers, duties, responsibilities and.
obligations under these CC&Rs, ine]uding without limitation the powers, duties,
responsibilities and obligations set forth in Sectioll 3.3; to pay all utility, insurance, .
, . .
maintenance, repair, replacement and other expenses incuned with respect to the
Common Areas and to maintain the reserve funds described in Section 3.3.1.6. ]n
addition, any such assessment shall include, without limitation, the costs of the
maintenance or repair of improvements located within dedicated pOliions of the Propeliy
which have been dedicated and accepted by a govemmental agency. The Association'
shall bill each Owner and/or Occupant for their,share of the assessments as determined in
, .'
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accordance with Sections 4.1.1 and 4.1.2, on a semi-annual basis, All such assessments
shall be due within thirty (30) days after the date of billing.
,4.1.2 Allocation of Assessments
Each Owner's ani1ual assessn1ent shall be a fraction of total Association annual
expcnses equal.to (a) the number of square feet of land area on the Property owned by an
Owner or leased by the Owner pursuant to a ground lease, divided'by (b) the entire
amo'unt of square feet of land area in the Property excluding all Corinnon Areas and
public rights-of-way, For purposes'ofthis allocation, the portion of the Property owned
by PeaceHealth, but subjectto' a ground lease with an Owner, shall not be included in the
square footage calculation for PeaceHealth, but shall be allocated to such Owner under
the ground lease,
4J.3 Annual Settlement
Within ninety (90) days ofthe end of each fiscal year the Association shall deliveJ'
to each Owner an itemized breakdown certified as truc ~nd correct showing the actuaL
costs for all expenses that comprise the annual assessment. If an Owner's pro rata share
of the annual assessment exceeds the amount paid by the Owner in any fiscal year, then
within thirty (30) days after receipt of said cost breakdown, the Owner shall pay to the
Association such excess amounts. If the Owner's pro rata share of the annual assessment
is Jess than the Owner's payments for any fiscal year, the Owner shall receive a' credit
against the 'next annual assessment.
4.2 'Association Records; Budgeting
I
4.2.1 Records
The Association shall maintain records of assessmerits, of any other income
. received by the Association, and of all disbursements made._ The Association shall also
maintain voting, records and budget records. The Board may atany til11e and from time to
time require that a'n audit of the Association's records be perfoJ'med 'at the expense of the
Association. The results of any such audit may be presented at any meeting of the Board.
Any Director may, at the Association's expense and at any reasonable time, copy any
Association records reasonably necessary to the perfo1111ance of such Director's duties.
Any Owner shall have the rightto inspect Association records 'at any l\easonable time,
after reasonable notice to the Secretary. Any Owner may c9PY Association records at
such Owner'~,expense,
4.2.2 Budgeting
The Association shall establish a fiscal year for budgeting.purposes. At least ten
(10) days prior to the Association's second fiscal year and at least ten (10) days prior to
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the commence~ent date of each succeeding fiscal y~ar; the Association shall prepare and
make available to the Owners, at the office of the Secretary, a 'proposed budget of the
estimated costs and expenses to be incurred by the Association during the following fiscal
year in performihgits functions herelmder. The budget will be aecOll1panied by a
schedule showing the annual assessments to be assessed to the Owners for the following
fiscal year. Fililureof the Association to prepare the budget and accompanying schedule
shall not relieve the Owners of their obligations to pay annual assessments for the fiscal
, ,year which would have been covered by the budget. In the event the Association does not
prepare the budget and accompanying schedule within ten (10) days prior tathe
commencement date of any fiscal year, the Association shall continue tei 'Ievy and collect
annual and speci1jl assessments at the level of the previous fiscai year, plus an increase of
not more than ten percent (10%) if approved by the Board, 'Then, at the time the
Association adopts its budget, such budget shall be effective as of the first day of the
eOlTesponding fiscal,year.. In the event the amount of the budgeted.annual assessments is
.in excess of,the amount actually paid by the Owners for such fiscal year, then the Owners
shallpay.the amount of such excess to the Secretary within thilty (30) days (lfter the
effective date of notice to the Owners of the proposed budget., In the event the amount of,'
the budgeted annual assessments is less than the amount actually paid by the Owners for
such fiscal year, then the Association shall either apply the excess to the Owners' next due
installments of annual assessments or refund the excess, Excluding taxes, insurance,
utilities, repair or replacement of Common Area Improvements, and damage and
dcs'truction' not within ,the reasonable control of the Association, in no event shall costs
and expenses incurred by thc Association increase more than 10% over the'previolls fiscal
year on a per square foot basis.
4.2.3 'Audits'
An Owner;its agents and accountants, shall 'have thc right to examine andaudit the.
Association's.books and records relating to any cost or itcm that is assessed to Owner
upon ten (10) days written request by Owner to the Association. If an Owner disputes the
accuracy of the Association's assessment, the Ownei'.shall still pay the amount shown
owing p~nding completion of the audit. If an Owner's audit of the. books and records
sho'Ys that the amounts shown on the assessment are five percent'(5%) or more higher
than, the actual amount owed by the Owner, the Association shall, on demand, reimburse
the Owrier for all reasonable costs of conducting the 'audit. Any overpayment or
underpayment of the annual assessment shall be adjusted by the patties within
ten (10) business days after the audit is completed. The Association shall keep complete
and accuratc books and records relating to'all expenses for a period of three (3) years,
which records shall be kept in accordance with generally accepted accounting principles
consistently applied,' The Association shall provide each Owner with a copy of any audit
furnished to or received f,'om any other Owner. An'Owner shall not have the right to
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audit (Ol"contest) any ilnnual ass'essment for any fiscal.year beyond three' (3) years after
'any such fiscal year.
4.2.4 Enforcement
The Association shall notify PeaceHeitlth in writing of any assessment pursuant to
,these CC&Rs that is not paid by an 'Owner within thirty (30) days after the date of billing.
The Association lilay sue or file a lien against any' such Owner for any such unpaid
. ,
assessmen't. '
4.2.5 Persona! Obligation
Each assessment or charge levied pursuant to the provisions of these CC&Rs shall
be a separate and personal obligation of the Owner against which the assessment or
charge is levied ,but shall not be a lien against either:the Property or an Owner's leasehold
interest. The expiration, termination, or assignment of an Owner's ground lease or the
sale of a Third Party Parcel by an Owner shall neither release nor discharge the Owner
thereof from such personal1iability accrued as of the date of such sale, expiration; .
termination or assignment.
5. ARCHITECTURAL AND DESIGN CONTROL
5.1 Generally
No Third Party Improvements of any kind shall be commenced, erected, placed, 91'
altered on any pOliion of the Property unless such Third Pmiy linprovemelits are in"
COnf0D11anCe with the standards set fOlih in the Development Standards and until plans
and specifications showing the nature, kind, shape, height, material, and location of the
Third Party Improvement are submitted to and approved by Reviewer, pursuant to the
provisions of Sections 5.1 and 5.3 and the Development Standards. Plans for the,
construction of Third Party Improvements shall be submitted to and approved by
Reviewer pursuant to the Development Standards. Third Party Improvements to'the '
interiors of buildings are not subjcct to the Development Standards. All Common Arca
Improvements and Third Party Improvemcnts shall be erected or altered in'cOliformanee
with all applieable governmental laws, ordinances, rules, and regulations, To the extent
applicable governmental laws, ordinances, rules, and regulations are in conflict with the
Development Standards, the more restrictive staild\lrds shall control.
5.2 [Intentionally Omitted]
\
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...,. .
5,3 Approval
Reviewer may approve. proposed Third Party Improvements as submitted'or
subject them to such specific conditions as Reviewer may reasonably determine to be
appropriate to meet the'CC&Rs and the Development Standards. Any disapproval of the
Third Party Improvcmcnts shaH specify the reasons for disapproval in reasonable detail in
, a written notice of nonconformance. Reviewer shall have thilty (30) calendar days to
approve or reject any Development Plans submitted or re-submitted under Sections 5.1 or
5.3. Failure of Reviewer to act within said time shali be deemed approval ofthe proposed
Third Party Improvements,
5.4 Commencement of Work
As soon as practicable after the receipt of approval by Revicwer, "if the Owner
elects to proceed with the Third Patty Improvements, the Owner shall satisfy anyand aH
conditions of such approval, secure all necessary govell1mental permits and approvals,'
and promptly comnience construction of the Third Party Improvements. Approval of aily
Third Party Improvcments 'shaH automatically be deemed revoked one year'after.issuance
unless construction of the Third Party Improvements has commenced or the Owner has
applied for and received an extension of time from the Reviewer.
5.5 Completion of Work
'. Any approved Third Party Improvements shall be substantially completed within
tWo (2) years after the date of commencement of construction. Landscaping shall be
, completcd within six (6) months after substantial completion of associated Third Party
Improvements unless wcather conditions or time of year interfer.e with the ability to
reasonably complete such landscaping. In all cases, such landscaping mus\ bc completed
within nine (9) months of substantial completion of Third Party Improvements. Promptly
after completion of any Third Party Improvement, the ,Owner shall. give written notice ~f
completion to Reviewer. Such notice shaH be accompanied by a certificate. of the Owner,
in a fon11 and contcnt reasonably'satisfactory to Reviewer, that such work has been
undcrtaken and completed in compliancc with the approved plans and these CC&Rs.
YVithin thirty (30) days after the effective date of.such notice, Reviewer may, at its option,
inspect the complcted Third Party Improvements and give written nolice \0 the Owner of
any rcspects in which the completed Third Party Improvements fails to conform to the'
plans therefor as appr'oved. Such notice shall specifY a reasonable period, which shall be
not less than thirty (30) days, during which the Owner may remedy the nonconformance:
If Revicwer does not give notice of nonconformance within thirty (30) days after the date
of receipt ofthe notice of completion, the Third Pariy Improvements shall be conclusively
presumed to be approved as:completcd.
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5.6 Estoppel Certificate
Within teil (I 0) days after receipt by Reviewer of a written request executed by an
Owner, Reviewer shall execute and deliver to such Owner an estoppel certificate
cettifying to the extent such matters are true: (a) Reviewer has approved pliins for
construction of Third Pmty Improvements by such Owner; (b) Reviewer has not given to
the Owner a notice of nonconfol111ance pursuant to Section 5.4. Any purchaser or
institutional lender requesting such certificate may conclusively rely on such celtificate
with respect to the matters set forth therein. No such certificate shall be construed as a
warranty by Reviewer as .to (i) the quality of any construction,.or (ii) whether the Third
Party' Improvement or the use thereofis in compliance with applicable Jaw, or (iii) any
other matter, except a's ,expressly set forth insuch certificate; and (iv) if applicable, Third'
Party Improvements, have been substantially completed mid accepted by Reviewer
pursuant to Section '5.5.
5.7 No Liability
PeaceHealth, any employee; officer or agent thereof shall not be liable to any
Owner, Occupant, or other person or entity for any damage or loss, whether based on
negligence or any other theory of recovery; suffered or claimed as a result of any action or
failure to act on the part of PeaceHealth or its designated representatives with regard to
the Development Standard review procedures as set forth herein, so long as PeaccHealth
has "acted in good faith based on actual knowledge.
/
5.8 Nonwaiver
Approval or disapproval by PeaceHealth of anymattel: proposed to it shall not
.coilstitute a precedent, or waiver, and shall not impair in any nianner. the right of
PeaceHealth to grant or withhold approval as to any similar matter thereafter proposed or
submitted to it for approval. '
5.9 Records
Owners shall have the rigbt froni time to time after reasonable notice to Reviewer,
and at reasonitbktimes, to review and'copy, at the Owner's expensc, Reviewer's records
peliainingto the design review procedure described in Section 5 except as such records
contain any'Owner's proprietary or confidential infol111ation. .
5.10 Variances to Development Standards
Only PeaceHealtb may grant variances "from any provision of the Development'
Standards upon a written request fof a variance s'ubmihed by an Owner to PeaceHeitlth's
development manager or other representative designated by PeaceHealth, stating the
. reason for the request and the applicable section of the Development Standards
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.-.'
("Variance Request':).. PeaceHealthwill evaluate each Variance Re'quest and will notify
the Owner, in writing, of its decision within fifteen (15) Business Days of receipt of a
Variance Request. The Variance Request shall be approved only ifitean be determined
that:.( a) enforcement. of the standard in question would cause development constraints
which would make the Third Pmiy Parcel significantly more difficult to develop than
other Third Party Parcels subject to the same standards; (b) there would be no material
adverse impact to adjacent,existing development or to the provision of basic services to
the Property and other Owners; and ( c) the pi'oposed variance meets the overall objectives
of the Master Plan ~nd the objectives of the relevant sections of such plan. Reasonable
conditions related to the variance may be ;'equired as part of the variance approval.' .
Variance Requests for'signage shall not be unreasonably denied if it is detennined that: (i)
tl;ere would be no materiai adverse impact to adjacent exi~ting or future development;
and (ii) the proposed variance meets the overall objectives of the Master Plan and the
'objectives"ofthe rel~vant sections of such plan. Reasonable conditions related to the
variance may 1?e required as part of the vat'iance approval.
6. PROPERTY USE AND RESTRICTIONS
6.1 . Landscaping and Maintenance,
Each Occupant shall maintain in good condition the propeliy leased or owned by ,
.' - .
such Occupant, and any'Third Party Improvements thereon; at such Occupant's expense.
Rcquired maintenance and repair shall include but are not limited to (a) niaintenance of.
all parking areas, private' drives, curbs, and walkways in accordance with theseCC&Rs in
a clean and safe condition, including, repairil]g, and restriping as often as is.necessary;
(b) maintenance of landscaping in an attractive, neat, orderly, and cut condition at aii
times free of brush, weeds, and debris; (c) cleaning, maintenance, and relamping of any
extemallighting fixtures; (d) maintenance of exteriors o{buildings in ail attractive and '
neat condition at all times; and (e) maintenance in conformance wit)1 the Developinent
Standards. .
'6.1.1 Association's General Responsibilities
The Association shall maintain, repair and replace CommonArea Improvements,
and maintain and repair improvements in such dedicated public rights-of-way wher~ such
maintenance or repair is required by a public agency, in a first class condition aild in
accordance with. the Development. Standards. Maintcnance shall include ordinary upkeep,
litter removal, repair of physical damage due to any cause and maintaining the overall
'aesthetic appearance.ofthe Common Area Improvements.
) ,
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'6.1.2' Association's Environmental Responsibilities
The Association shall manage and conduct all of its activities on or relating to the
Common Areas in compliance with applicable Environmental Laws and the
environmental provisions of these CC&Rs and in cooperation with Pe~ceHealth in
PeaceHea]th's 'efforts to comply with applicable laws and regulations. ]n the event of any
Hazardous Substance Release on the Common Areas, the As~ociation shall be responsible
to elean up, remediate, or remove any such release to a standard that will allow continued
use of the Common Area~. ]f a Hazardous Substance is to be left in place, the responsible
party must obtain a' "No Futthel: Action Letter" (or similar authorization ifsuch letters
cease to be avai]ab]e) from the Oregon Department of Environmenta] Quality ("DEQ"), or
its successor enforcenient agency should the DEQ cease to exist or have some or all of its
responsibilities reallocated. The Association shall'promptly ilOtify PeaceHealth at
PeaceHea]th's emergency telephone number and shall re~tore the Common Areas to the
extent required by ]awandcompatible with the current and intended future use of the
Common Areas. The Association sllall be responsible for the Environmental Costs
arising from any Hazardous Substance Release on the Common Areas, un\esssuch
Hazardous Substance Release was caused by the action or inaction of an Occupant, in
which case the Occupant shall be solely responsible for all Environmental Costs arising
from, such Hazardous Substance Release on the Common Areas.
6.2 Signs
All signs on the Property shall comply with the Development Standards.
6;3 Offensive ACtivities
No noxious or offensive activity shall be performed on the Property, nor shall
anything be done or placed upon any pottion of the Pl'operty which unreasonably
interferes with the beneficial use and enjoyment of other portions of the Property or the
Common Areas.
6.4 I~ubbish and Trash
1"0 palt of the Cornn~oil Areas shall be used as a dump for trash or rubbish of any
kind. All garbage and other waste on the Property shall be kept'iil appropriate sanitary
containers for proper disposal and out of public view. ]n the event an Occupant faiIs"to
remove any trash, rubbish, or other waste materials from the Third, Party Parcel leased or
owned by such Occupant (or from any street or the Common Areas if deposited thereon
by such Occupant) within two (2) business days after notice from the Association, the
Association may have such waste removed and charge the'expenseof such removal to thc
Occupant. ]n the case of an emergency where such garbage or waste creates a hazard or
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IlAGE22
potential hazard in the opinion of the Association, the Associationn1ay have such waste
immediately removed and charge the expense of such removal to the Occupant.
6.5 Improvements in the Common Areas
No improvements of any type shall be erected'or maintained by any Occupant so as
to trespass or encroach upon, the Common Areas.
6.6 Air Quality
/
No open burni'ng shall be permitted on the Property.
6.7 Water Quality
. Neither the Association, nor any Occupant shall discharge, allow, or suffer the
discharge of treated or untreated sewage or other materials into the sanitary sewer system
of the Propelty unless it is in conformance with all applicable laws, codes and ordinances
and drinking protection regulations.
/
6.8 Noise, Odor, Heat and Glare
,
No objectionable noise, odor, heat or glare'whieh is detectable beyond the Property'
shall be allowed, except as reasonably necessary during construction of Third Patty
Improvements.
6.9 VIbration
No vibration which is discernible without the aid of instruments shan be permitted
beyond the boundary of the Prop'erty, except as reas01iably necessary during construction
of Third Party Improvements.
6.10 ' Waste Materials
All materials, including waste materialsi shall be stored in a manner which will not
attract or aid in the propagation of insects, birds, and/or roden,ts or other vectors or in any
way create a health hazard. .
6,11 Use of Hazardous Substances
The Associatioil shall be permitted to use, handle or store Haza;'dous Substances
only as necessary to carry out its obligations under these CC&Rs to maintain, repair or
replace Common Area,Imj:Jrovements.
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,
I.
6.12 Storm Water Conveyanceand Treatment
The Association is authorized to discharge storm water from the Common Areas
into the PeaceI-lealth-owned stonTI water discharge conveyance or storage system only if
the Association enters into PeaceI-lealth's then current Storm Water System Use
Agreement. In order to comply with storm water discharge requirements, the Association
may be.required to treat Common Area storm water prior to discharge. If treatment is
required, PeaceI-lealth shall havc the right to approve or disapprove the method, design
and installation of any such treatrilent ~ystem in order to ensure compliance with
applicable laws and regulations and protection of the Property.
6.13 Treated.or Contaminated Soil/Waste
The Association and Owners shall not store, treat, deposit, place or dispose of
,treated or contaminated soil, industrial by-products, waste or any I-Iazardous Substances
on the Common Areas or anywhere on the Property, without the prior written consent of
PeaceI-lealth, which consent may be granted or denied in PeaceI-lealth's sole discretion.
The Association' and Owners shall bring no soil, rock, or other organic matCI'ials onto the
Common Areas or anywhere on the Property that was not purchased from a reputable
company in the business of selling clean soils for use in construction without the written
consent ofPeaeeHe'alth and before such approval will be given, the soil will need to be
tested at the Association's or Owner's expcnse to ensure thatit contains no I-Iazardous
Substances. The' Association and Owners will identify to PeaeeI-lealth the source of any
soil orroek materials brought on to the Common Areas.. IfPeaceI-lealth determines that
soil testing is required, PeaceHealth will be entitled to review, appt'ove or disapprove and
oversee the Association's or Owner's proposed plan for the sampling'of such soil. 'If the
soii sampling results indicate that the soil contains any Hazardous Substances,
PeaceI-lealth shall have sole diseretiOllin deciding whether or not to allow the soil to be
brought on to the Common Areas.
6.14 Vndergl'Ound and Above-Ground Stol'age Tanks
(
'No underground or above-gi'ound tanks or other receptacles for the storage of
Hazardous Substances shall be installed or operated on the Property, except with the prior
, written consent of PeaceI-lealth, which consent may be withheld or conditioned in
, ~
PeaeeI-lealth's sole discretion. As a condition of its consent, PeaceI-lealth will require the
Association to sign its then current I-Iazai'dous Substances Storage Agreement which
PeaceI-leaith will provide upon request. .
6.15 Prohibited Uses - Generally
The Property, including any Third Party Parcels and the Common Areas, shall not
be used for any of the uses set forth in Section 6:15.1. These prohibited uses are as
!/RivcrBcnd CCRs ^S RITORDI,:]) 2008-4-8.d(lC)
. PRE.SUBMITTAL REC-!D
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PAGE 24
,identified in the Springfield Development Code and are further restricted by the Master
Plan and by these CC&Rs. .
6.15.1 Specific Prohibited Uses
6,15.1.1 Uses which predominately use; handle, generate, dispose
. ,
of, transport or transfer Hazardous Substances. The incidental use of Hazardous
Substances in c011junction with uses pellllitted by these C,C&Rs shall be allowed. Retail,
facilities shall be pel111itted to stock and sell Hazardous Subslam:es that al~e normally
stocked and sold by like and similar busiilesses in other locations; provided, no retail
'facility shall be permitted to stock or sell Haz!,rdous Substances in bulk.quantities on the
Property,
,6.15.1.2 Entertainment activitie,s which include all adult arcade,
adult bookstore, adult cabaret; adult theater, adult video stores, escort agency, nude
modeling establishment or other sexually oriented adult business. As used herein, the
term an "adult book store" or. "adult video store" .shall not prevent a full-lil1e book store or
. .
a full-line video store from carrying adult materials so long as such materials are' .
incidental to its over"all operations and are discretely st~cked and handled, Nothing
contained within this Sectiqn 6.15.1.2 shall beconstmed to restrict or preclude the usc of
the Property as a "bar,", "tavern," or "cocktail lounge," nor shall this Section 6.15.L2 be
construed.to prevent the sale of alcoholic beverages on the.Property.
6.16 Additional Prohibited. Uses
Notwithstanding Section 6.15, the following uses s]lall be prohibited on all Third.
P;li'ly Parcels: The performance of any activity in violation ofPeaceHealth'sctbical,
policies, including but not limited to, abortion, euthanasia, physician assisted suicide, and'
research involving the use:of embryonic stem cells from the destruction ofhliman .
embryos or. th; tissue of aborted fetuses. The performance of any of the aforesaid,
prohibited procedures, services or activities with the knowledge and acquiescence of '
Occupant or Owner shall constitute a violation of these CC&Rs.
, . ,
6:17 Conflict Between .These CC&Rs and the Master Plan
Ifthere'is any conflict between these CC&Rs and the Master Plan, any ground
lease or other lease; the more restrictive provisions,shall apply.
7. COMMON AREAS'
7.1 Ownership and Right of Use
. PeaceHealth owns fee simple title to the Common Areas and shall continue to own
"fee simple title to the Common Areas until PeaeeHealth sells or otherwise divests its
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interest therein. Peacel-lealth and every Occupallt, and every invitee and guest of
Peacel-lealth, any Occupant, shall have a nonexclusive license to use and enjoy the
Common Areas. Such license for .use of the Common Areas is not and shall not become
an interest or estate in the Property. Such license is subjectto the Association's right to
promulgate rules and regulations governing the use of the Common Areas. Peacel-lealth
reserves the right to close any or all porti~ns of the Comn10n Areas in the event of an
. .
emergency that threatens the public health or safety.' In the event any portion of the
Coinmon Areas is taken by condemnation or by sale in lieu thereof, Peacel-lealth shall be
entitled to receive the entire award resulting therefrom, '
7.2 Additions, Deletions or Modifications to.the Common Areas
The Board may grant proposed changes to the Common Areas if such changes'
,have been approved by a majority of the Board. If the Board approves such change(s),
the Association will so notify all Owners in writing arid take. all necessary steps to make
the change to the Common Areas. Reductions, modifications and expansions of the
Common Areas may be mad.; upon an affirmative vote of a majority of the Board.
7.3 Deleted Land From the Common Area
Any lariddeleted from the Common Area shall revert to Peacel-lealth for
development byPeacel-lealth or for' lease or sale to others by Peacel-lealth, subject to
these CC&Rs.' .
8. EASEMENTS
8.1 PeaceHealth Approval.
No easement lllay be granted ovel~ the Property without Peacel-lealth's prior written
approval, and, if the easement involved is over a Third Party Parcel, the Owner's approval
must also be obtained ft:om the subject Owner for any easement not within Peacel-lealth's
reservation of rights under an applicable ground lease. Any Owner lllay request that
Peacel-lealth grant an easement, and shall provide to Peacel-lealth tIle following
information:' (a) the purpose of the proposed easement; (b) the name of the proposed
grantee; (c) the term of-the proposed easement; and (d) a drawing showing.the proposed
location of the easement. The form of the easement shall be mutually acceptable to
Peacel-lealth, the proposed grantee, and the Owner. Peacel-lealth shall notify the party
requesting the easeinent within fifteen (15) business days following receipt of the -
infon:nation referenced above whether Peacel-lealth will be y.rilling to grant the reque'sted
'easement. . "
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[JRivcrBcnd.C(.'Rs AS RECORDED 200S-4-8.doc]
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8.2 Purpose of Easement
Any easement over the Property shall .only be for the purpose of installing,
maintaining, repairing and replacing public or private utility lines, communication lines,
and related facilities reasonably necessary and/or convenient for the development of the
Property and/or a Third Party Parcel. The precise location of the casement shall be
.subject to the prior. approval of the Owner of any portion of the Property over which the
easement crosses ("Servient Parcel") and PeaceHealth if the applicable Third Patiy Parcel
is subject to a ground lease; which approval shall not be unreasonably withheld,'
. conditioned or delayed. It shall be reasonable for the Owner or PeaceHealth to object to a
proposed easement if the same is to be located in im area in which the Owner of the
Servient Parcel intends to construct any ap6ve grade improvements in the easement
right-of'way or the easeinent, and/or the right'of-way related to same encroaches upon
any existing improve):nents. Any requested easement over a Third Party Parcel shall be in
:writing al1d delivered to. the Owner and PeaceHealth, together with the information
referenced in Section 8.1(a) -(d) above. The affected Owner shall have a period of '
fifteen (15) business days within which to approve or disapprove the proposed 'easement.
8.3, Responsible Party
The party requesting an easement (the "Benefited Party"), if approval is granted,
shall be responsible for all costs and expenses related to the installation of the facilities
for which the easement is intended, all of which shall ,be placed underground to the extent
reasonablypossible, The Benefited Party shall cause all work involvedto be performed
so as to not unreasonably interfere with the use and enjoyment of the Servient Parcel and
shall promptly restore the surface of the area involved to the condition existing prior to
the commencement of any work by the Benefited Party. The BcnefitedParty shall
defend, inderilnify and hold the lessee.ofthe ServientParcel harmless from all loses, 'costs
'and expenses (including reasonable attorncy fces), arisiilg out of and/or related to the ,
work perfOlmed by the Bencfiied Party relating to the casement. The Benefited Paliy
. shall provide liability coverage, in a commercially reasonable amount, and written by a
'c'ompany authorized to do. business in the state of Oregon and otherwise reasonably,
acceptable to the lessee of the ServientParcel. In the event that the existence ofthe
easement granted pursuant tathe provisions of this Section 8.3 results in any ad valorem
property tax liability to either PeaceHealth or the Owner of the Servielit Parcel, the
Benefited Party shall pay the amount of any such tax.
8.4 Relocation of Easement
The Owner of a Servient Parcel may, from time to time, at its costs and expense,
relocate an easement and the facilities located therein and the following shall be
applicable: (a) there shall not be any intenuption of utility services, and (b) all costs and
expenses associated with such relocation shall be the responsibility of the lessee of the
, j/Rivcrlknd CCRs AS RECORDED 2,OOg.4-8.doc]
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PAGE27
Servient Parcel. The parties agree to cooperate to .execute al1d record any documents
required to cffectuate such relocation.
8.5 Easements Req!lired for Development of Property
PeaceHealth shall grant easements reasonably necessary.for the development ofthc
Propeity over and across other real property owned by Peacel-lealth that is in the
immediate vicinity of the Property. Any Owner requesting an casement shall fumish to
Peaeel-lealth, at the time the easement is requested, the following infonnatioil: (a) the
purpose of the proposed easement; (b) the name of the proposed grantee; ( c) the term of
. the proposed easement; and (d) a drawing showing the proposed location of the easement.
The form of the easement shall be mutually acceptable to Peacel-lealth, Owner and the
grantee. Any easement granted pursuant to this Section 8.5 sha1l only be for. the purpose
of installing, maintaining, repairing and replacing public, or private utility lines,
communication lines, and related facilities. A1l such utility lines and facilities shall be
underground,to the extent re,!-sonably possible. The exact location of the easement may
be adjusted by Peacel-lealth so that the same does not unreasonably interfere with the use
ofthe other real property owned by PeaceHealth. Peacel-lealth shall have ihe right to
relocate any easement and, in such event, the provisions of Section 8.4 shall be
applicable. All costs and expenses relating to the construction of the facilities to' be
located in the easement shall be the responsibility of the Owner orpmty requesting such
easement. Upon completion of the construction, the Owner shall cause the surface of the
real propcrty involved to be put in a condition substantially the same as existed prior to
the work- being performed. Prior to the commencement of any work relating to the
'easement, the Owner shaH provide evidence of liability insurance coverage relating to
,such work, said insurance eoverage,to be in a commercially reasonable amount, written
by an insurance company authorized to do business in the state of Oregon and otherwise
reasonably acceptable to Peacel-lealth and shaH secure the appropriate permits from the
City of Springfield.
9. AMENDMENTS TO THESE CC&Rs
Peacel-lealth must approve all amendments to these CC&Rs. The Assoeiation may
propose changes to these CC&Rs to PeaceJ-lealth if such changes have beell approved by
a majority of the Board. jfPeaceI-Iealth agreeswith the Association's proposed
amendment(s); the Association will notify all Owners and Occupants in writing of its
consent and undertake all necessary steps to rilake the proposed amendment(s).
PeaceHealthmay als'o propose amendments to these CC&Rs to the Association and make
such changes with an. affirmative vote of a majority of the Board. All amendments to
these CC&Rs shall be recorded by PeaceHealth in the real property records Of Lane
CountY, Oregon.
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10. ENFORCEMENT
PeaceHealth and the Association shall have the right to enforce all ofthe
covenants, conditions, restrictions, 'reservations, easements, and changes now or
hereinafter imposed pursuant to any provision of these CC&Rs by any appropriate
proceeding at law or in equity, subject to any limitations imposcd by these CC&Rs. Any
remedies specifically provided herein are nonexclusive and cumulativc and are in addition
to all other re'~11edies available to PcaceHealth and the Association. at law or in equity.
Any Occupant shall have the right to petition any court of competent jurisdiction. to .
rcquire specific perfol1l1ance of any provisions of these CC&Rs, The Association
reserves tl1e right to perf 01111 the landscaping and maintenance obligations of Section 6.1
, if Owner and/or Occupant fail to perform such obligations within ten (l0) days after
written notice. The cost Of~lich enforcement by PeaceHealth and the Association,
including but not limitea to, interest, costs and expenses of collection and reasonable
attorney fees, will be asses~edto the Owner and!or Occupant, and PeaceHealth and the
. Asso,ciation reserye the right to secure a lien against the'Owner's Third Parly
Improvements fOl"failure to pay such assessment within.a reasonable time.
11. GENERAL PROVISIONS
11.] Duration
, . '
These Covenants, Conditions, and Restrictions shall run with and bind, benefit,
and burden the Property, Peac;eHealth, all Occupants, and the sublessees, invitees, and,
guests of all Occupants until Ninety-Nine (99) years from the Effective Date unless,
extendea by PeaceI-Iealthas follows: PeaceHealth shall have the right to renew these
CC<?cRs for an unlimited number of successive five-(5) year periods by recording a notice,
to that effect in the real property records of Lane County, Oregon prior to' the original
expiration date as stated above or the expiration date of the foil owing renewal period.
11.2 Severability
In the event any provision of these CC&Rs is determined to be invalid or
unenforceable, thatdetermination shall not affect the validity 01' enforceability of any
other provision or of the same provision to a different situation; ,
11.3 NOll-Waiver
Any. failure of the Association or of PeaeeHealth to enforce a covenant, condition, ,
or restl1etion contained in ~hese CC&Rs shall not be deemed to constitute a waiver of the
Association's right or ofPcaceHcalth's right to enforce that or any other covenant,
conditibn~ or restriction contained in' these CC&Rs.
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P^GI~ 29
r
11.4 Waiver of Damages
PeaceHealth and the Association shall not be liable to any Occupant or to any other
person for its enforcement or failure to enforcc any provision of these CC&Rs cxcept as
arising fr0111 PeaceHealth or the Association's bad faith. Each Occupant, by acquiring
such Oc~upant's interest in the Property or by occupying any portion of th~ Property,
agrees not to bring any action or suit against PeaceHealth or the Association to recover
any such damages or to seek any other relief against PeaceHealth or the Association by
reason of any such enforcement or failure to enforce any provision of these CC&Rs.
11.5 Constructive Notice and Acceptance
By the recording of these CC&R.s, each Occupant shall be deemed to have
consented and agreed to every telm, covenant, condition, and restriction contained herein.
11.6 Joint and Several Liability
If an.Owner consists of more than one person or entity, each of such persons and
entities shall be jointly and severally liable for any assessment or charge and for the
performance of any other obligation imposed pursuant to these CC&Rs.
11. 7 Consent or Actiou
In the event that these CC&Rs are silent as to the standard for any consent, '
approval, detennination, or similar discretionary action, the standard shall be.the
reasonable discretion of the party, rather than a sole discretion standard.
11.8 Captions
The captions and headings of sections herein arc for convenience only and are not
intended in any.way to define,Jimit, or describe the scope or intent of any section of these '
CC&Rs.
11.9 Notices
All notices under these CC&Rs shall be in writing. Any such notice shall be
deemed effective on the earlier of the date of delivery or, if mailed, three (3) business
days following the date of mailing, if addressed to thc addressee at the address, if any,
,
designated in the Association's records. Notices shall be sent to PeaceHealth at the
following address. unless 'the Association is notified of a change:
,
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)'
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I'RivcrBcnd ccr~!> AS RECORDED 200g-4c8.doc)
PeaceHealth
1255 Hilyard Street
Eugene, OR 97401
Attention: Chief Executive Officer
Co~y to:
PeaceHealth Legal Department
14432 SE Eastgate Way, Suite 300
Bellevue, WA 98007-6412
Attention: Senior, Vice President of Legal Services
11.10 Attorneys' Fees
In the eyent suit, action, arbitration or other proceeding of any nature whatsoever,
'including, without limitation, any proceeding undel' the U.S. Bankruptcy Code, is
instituted to interpret or enforce any provision of these CC&Rs; or-with respect to any
dispute relating to these CC&Rs, including, without limitation, any action whicll a '
declaration of rights is sought, the prevailing party therein shall be entitled to recover
from the losing party its reasonable attorney fees and all other costs and expenses actually
incurred and reasonably necessary in connection therewith, and any other sum as the court
or arbitrator may adjudge reasonable as attomeys' fees, costs and expenses at trial and Oil.
any appeal.
11.11 Dispute Resolution .
,
If a dispute arising under or involving interpretation of these CC&Rs (other than a
dispute involving nonpayment of assessments) cannot be resolved through negotiations
between Peac~Health and theA~sociation, or an Occupant to the extent the dispute
involves their interests, the parties shall submit the dispute to nonbinding mediation. Any
paJty may request mediation. The requesting party lnust suggest an independent mediator
with the request for mediation. If the parties cannot agree on a mediator, any party may
apply to the Presiding Judge, La)le County Circuit COUlt, for appointment of a mediatoL
The parties shall share equally in the fees and costs of the mediator. Each palty, shall be
responsible for its own attomey fees, Mediation shall be in Lane Comity, Oregon, unless
the parties agree otherwise. If a dispute is not resolved by tne'diation, the paJties may, but
are not required to, agree to submit the dispute to binding arbitration; in such case, the
paJties shall agree upon the arbitrator, or if they are unable to agree, to seek appointment
of an arbitrator from the presiding judge, Lane County Circuit Comt pursuant to the '
COl']lmercial Arbitration Rules of the American Arbitration Association with the
prevailing paJty awarded its fees and costs. If a dispute cannot be resolved by mediation,
, and the parties do not agree to submit the dispute to arbitration, any paJty may file a
lawsuit to resolve the dispute in a court with proper jurisdiction located in Lane County;
Oregon. In case of an emergency, a party may request emergency injunctive relief prior
to going through the claims procedure outlined in this Section. Except to the extent
, " .' PRE.SUBMITIAL REC'O '
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(JRiverBcnd CCRs AS RECORDED 2008-4-8.doc] -.
o
-
I
",'
perfonnance may be legally excused under the particular circumstances, each party shall
continue to perform its duties under this Agreement while the resolution of a dispute is
pending.
11.12 Exhibits
ExhibitA (Description of the Property), Exhibit B (Developrilent Standards) and
Exhibit C (Map of the Common Area) are attached to these CC&Rs and by this reference
made a part hereof. .
11.13 Assignment of Rights
Except as provided in Section 3 herein, PeaceHealth shall have the right to assign
and/or delegate all or portions of its rights under these CC&Rs to another entity or
entities.
11.14 Land Use
Nothing in this Declaration of Covenants, Conditions,and Restrictions is intended
to or shall be construed as waiving aJ1Y'requirements of the MasterPlan, Springfield
Developm~nt Code, or Springfield Municipal Code that may be applicable to the
Property, '
. IN WITNESS WHEREOF., PeaceHealth has executed these CC&Rs on this 8th
day of April, 2008.
STATE OF OREGON )
) ss.
County'of Lane ,) "
PEACEHEALTH' , ;7
A Washington Non-hofiC;:~l:P?rati~/
~/./ ' ./
.' ,_--~;: - _'><">:; c '.< ~ __.___'_ .
By. . / // /?- . /' A.-,'i_.-'-
Mel Pyne, Senior Vice President
The foregoing instrument was acknow1edgedbefore me this 8th day of April, 2008
by Mel Pyne, as Senior Vice President of PeaceHealth, a vi ashington n'on-profit
corporation. .
~_u____v________n____'_ 4
ji OfflCIA\. SEAl. . I
I. . DEANNA M LASHWAY '
: I;).~' , NOTARY PUBLIC. OREGON :.
I'm: COMMISSION NO. 404466 . :
L_~~~_ _W~O~~~~~E~~_4:~~_1
r/RiVCI'BCll(1 ceRs AS RECORDED 200S.4-8.dOc.l
J!J(fi?jJl/;/J)!~~~~!l(J/ct{/
Notary Public for Oregol~1 /., '_ / .
My Commi~sion Expires' IfJlti (ILl ( 10
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P^CiE 31
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
, .
, ,
A pi:IJccl ofhm("Uocatod'in the sOlltlnvcsf q~HUi{,~r ofScc:-tion 1.4 and the'east half of See lion 22)
the west half ofScctioll 23, tile southeast qllalter of See lion 15,'a11 in Township 17 SOllih, Rouge:
3 West, WillamcHe Meridian, Lane C\mtJty, Oregoll "lid being more particularly described as
, f<]J!o",s:
Commcnting :1t the: llQlthcast comer oCthe William M, Stevei,s Donalion Lalld Claim Nil. 46,
TownslLip 17 Sooth, Range 3 Wesl, Wi lImn cite Meridian; lIH;nee along the o.(15t Jiue of said
Donalion Land Clai,;, South 24"52'35" F.1$t, 592,67 feet; theliee lcavillg sllid Ci~qtJjJ)C North
S8:'16'4()" West, 27.96 fcello the Tme Point of Begiuning of the hCl:cin described tract; Ihence
Sotlth 24{: 52' 3511 East! 420.30 feet to the hcginning"of a 312.00 foot radius curve coucave
n01'lhcastcrly; Ihencesoulherly 102,05 feet along t~lc arc of Silid curvcthrough.a(.enlral[~!1gJc of
18"44'26", with a iong chord ofSOl\lh 34' H' 48" Easl; ](IL60 feCI t~) ihcbegilllling of262.00
fool raclius reverse curve concave southwesterly: tbence soutbeasterly 85.70 fcet along tbe al'C of
said CUT';. through a centl'al ;mglc of 1 go 44' 26", with a long chord of SOHU, 34" 1,4' 48" Easi, '
85.3 J feCi; Ihence Soutb 24" 52' 35" East. 282.30 feet; thence North 67"'17' 31" East, 268.22 feel
, ,
to the beginning of a 635,()() fool radiusc\lrvo coneMe 11orthcrly; thellce caster.ly 122.52 feci '
all;mg the arc ofsai'd cur,,'c'througl1.a central angle_of 11 (~031 18';, with (llOlig chord of NOl'lh .61 ()
45', 52" East~ l22.33 fect; t1H::ncc.South)2C, 42'29/1 EU5t~ 430.93 feet to the. ordi.nary high \vater
iineol'ihe McKenzie River as shown on U.S. Mm)' Corps of Engineers Map MK 1-1..17. dat(,d
~ '1'1" ~ !')4'~'
lV_., J _~ . I,
- th(;tic~, j~)no\ving..said ordinary high \vatcr line in a sO"tll-hvvcslcrly dired;<)11 2048.77 [cet ~o_a
point on tile. easterlyprojccl,;on of the north line of a trael of land conveyed 10 FG, Young by
deed recorded in Volume 73, Paec 50S, Lane Count v ()re~on deeu reconJ,s. bearing South
~~ J '-, ,~.
35"'12'31" \\1(:81 from the last point;
thence hlong sHid easierl)' projvclion Nurth 8~;ol.0140H ,\\)est: 129.07 re(~{-lo thenortheaS1COi'ner.
ofsil.id F.G. :{oung tract; thence continuing along said nontdjne Nonh. 88':l,(Y4D" \Vcst, 967.44
feet 10 the north\~iest,('.orner of L-or 11 If First Addition to Buena Vista'" said ooint a)\;o l~ein!l the-
. sQut.lw.:esl. cm.11cr of that ccrtflln tract or land desc.fibed 'i.n statutory \.v;.{rr~lhlJ: deed re~~orded"'~s
Ducumenl Number 200j-OSS5(;7. said poiJ1l also beinr, on the cast Jine oftiKSollthcm Pacilie
Railrond tract abandoned 10 jh~ C;ity ()rSpringfie.Jd in l)ced No, 9307441, said poinl being ,
fbrthcr described as a poi11t of cusp of J .9R?.()4 foot radius nOll,-tangeilt curve contaVlj
sOllrhwester!y, Ii'om which poim the center of arc hears South G,)"08' JI" West; thellee
northwes-tody along said cast Line 2J1d the me of said can't: 205.53 feet:. through a G('.11trBJ angk": of
11057'1 X", with a long chord of North 26"j()'28" IN est, 205'.1'6 red to the sOlltheastcomer of in I
3, Rh.'cJ:bcnd, PhaseJ, filed as County Surv~:r File Number 39813, Lane County Survey RccoJ'ds~
said point heing fur/her descrihed as a pojm of et!sp of a 899..59 t(xi rad~llS HOIJ-laJlg@! curve
concave easterly, from :vhich point the centcr of arc bears Norlh 87"48'38" bSl;.lhencc .icavilJ)!,
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said ea,t line of the City ofSprillgIidd tract ll(lrtherly along the casterly 'm.d northerly )inc$ <JJ'
said lot 3 the fol1owing seven (7i courses and dist,inces:
Ii
2)
3)
4)
5)
6)
7)
Northerly ail>ng the arc or said curve 105.04 feel, tl1rollgh a celltraI angle of 06"41 '24",
w;'lh " long ehord of North () 1 "wi'2O" El1sL ]04,98 feet; thence
North 15'04'49" Wesl, 84,25 feel to Hie beginuing or a 1177.50 [not nOIHangent cyrve
c.m1CllVe easterly. ti'om wlticl1 point thQ ccnter of curve bears South 83"22'55" East;
thence
northerly 15.46 feet along the nre oj" said cnrve through a centra! .ng1e of 00'''45'09'' ",j,11
a long chord of North 06"59'39" East, 15.46 feel: thence
NOIth 07' 18'22" East, 76.55 feet; thence
N0l1h 36"Oj '01" East, 61.53 feet: thence
Not1h 07"22'10" East, 174.22 feet to"the southeast comer of Pared 2 per Cmllll)' Survey
File 3996Rbeing Partition Numbcr 2006- 1'2030, Lane County Plat Re"ords; tilcnee
alOllP, the south line of said "hIred 2 North 88"12'42" West 284,62 feet to a poim Oillhc
~ ' ,I .
.east margin line of Game Fal111 Road (County ROBd No, 3); Ihence "
Coincident with said east margin lint Ihe following four (4) conrses and distanCeS:
1) North 01 "49'36"' West, 305.47 feet; thence
2) South 88"18'32" East, 5.01 feet; thence'
3) North 01049'36" We.~t, 746,71 feei to; theDee
4) North 01007'36" West, 28.16 feer 10 the sotlthwest comer of Partition Plat No, 2002-,
1'1627, Lane County Pbi Rccords; thence
. leaving said eust margin line along 1he sOt1th~ .east> and north hnes Qfst\id Partition Plat No.
2002.},] G27, the fol.lowing three (3) courses and dismnees:
1I South 880]6'40" East, 427.60 feet: thence,
2) NOltli 02<06'"]6" West, 411.60 feet; thence
3) NClfth 88016'40" West, '22(;,51 feet tQ the northeast comer ofParccl1 of "aid parlihol1
. plat; thence k:n\'ing'said lJorth lil1(~ along: the casterly boundary oJ'said Parcel i South
020()6'16" East,,371.51 feel.lo the southeasterly.comer thereof: tJlOt1C<l ,..long Ow'soutiJerly
line of Said Parcel I North 88" 16'41" We5t, 200.41 to II point on the easl margin line of
Game ParmRoad (Connty Road No. 3);.,thence .
';'C~incideilt ,vith said "e;ts"t margin 1,ine the follo\'v.ing eight (8) cours~s and dist<lHCes:
1 r NOTth 01 o53152l1 \Vest'. 371.42 feet; thence
2) North 010(17'36" West, 110.62 feel: lhence
3) Norlh 02024'36" West. 192.37 iee! to the hCRinning of II 35.00 foot non-tangent curve
CQ!icave southeasterly from which point the CC11ler of tllC arc bCHIS SOUlh 7S"4()'51 " E<lst;
lhence '
4) norlheasterly 23.48 feet along the arc of said curve through a central angle 01'38"26'24",
with' 11 iOlig chord ofNonli3()C 32' 2]" Easl, 23JJ4 feet 10 the bcgirl11ing of 40,00 root
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'radius-non-tanllent -reverse curve c.oncave \vesterl)l, frOnl1.vhieh point the center of arc
.,,_b.carsNo;th 40';:'1'4'2Tl \Ves(~ tbcm.:e '.
5) 'nOtihcrly 87.07 feel a.longlhe ~rc. OfSi:li'd curve through a c€ntrn! angle. of 124{~ 42141 ",
' with a iQngchord ofNonh 12" 35' 48" West, 70.87 feel; thence
61 NOJ1h 02' 24' 36" West, :19.30 iCet; tllenee
7) South 87'.' 34' 37" East. 5.l)2 fed
8) . Nqt1h 02(>24~~H;" \Vest'l 122.68 fed to the- nortlnvcs1 coi't1cl' of thal- cCliain;tract of land
conveyed 10 Peace Health, a Washington. non-profit eorpornlion, described in the
statntory wamll1ty dee,i recordc{! December 3]. 20{)1 as Fcc No: 2001,088572, Lime
County Oregon Deed Records; thence
1caving said east margin line ;l.long the northcriy line of said PCilCC Health tract \he following
three (3) coul'~es n.nd-distanccs:
I) South 88813'23" E(lS~ 34759 feet; thence
2) North 01"56'33" East, 65,(]2 feel; thence.
.3) NardI 01"54'03" EaSe 150.90 feet; thence
leaving s<lid )I(lt'lh ]ine Nmlh 90"00'00" East, 170.78.l'cet; thence South 88"1}'23" East, 137,31
feet (0' a pain! <I.rthe nOr1berly lill" of s~id Peace Herlllh tract described in said stat\llmy warranty
deed recorded Dcce.mber 31, 2()(J1llSFe<: No. 200i -088572, Lane County OregOli Deed Records;
thence South 24"56'24" East, 276,88 feet to <l, point of cusp of" 458.00-foo\ radius non-tangenl
curve concave southerly, from whicb poi11tlhe center of arc bears South 00"32'0 In E.lst; thence
easterly ;;i.long the :J~C of SHiel curve 18.03 fect. thnmgh .1 central angle of 02{}1 5121 ", \vith u long
c!lorc!ofSoulh 89"'24'21i East, i8.03 feet;thellce Soulh 88'16'40" Easl, 381,59 fed: thence
NOIth 75"24'41" Ensl, 33.S3feet; thence South 88'1C,'40" Ea,l, 528.19 feet to said Point of
Beginning. '
;
Cont.aining 5~02L78-6'$qu{i.re feet ()-15.307 acre-s). more or less
f HEGISTEIiED-..-'....\
I. PROFESSIONAL J'
LAND SURVEYOR
,(vl~~ /i1W/ft./M4prc::
I ,~EGON L ",)
I JA ,15, 2002 J" ..
DANNY M. DENNING,
~ #!;6640 .
; .-, . '"'in ~, . I ! .._.,_t".
L':'-'!...1~::.;.!2L;?j,g5U
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~
RiverBend Campus Design Guidelines
EXHIBIT B
DEVELOPMENT STANDARDS
RIVERBEND CAMPUS DESIGN GUIDELINES
TABLE OF CONTENTS
INTRODUCTION
Guiding Principles ..,......
..,..,..,..........".2
RIVERBEND DEVELOPMENT STANDARDS
Architectural Guidelines
Building Materials Guidelines........"....
..,....",.....3
...,.........,.4
Landscape Guidelines .....
,..,..,5
Lighting Guidelines ,..'......
...... ....,........,...7
Sign Guidelines.., ,...........,..,.....,..':'...,.".......,...
"......8
Slreetscape Guidelines,.., ,..,.,..,...'......,
....,,10
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RiverBend Campus Design Guidelines
, INTRODUCTION
Guidina Princioles
'River Bend is a' mixed-use developmenl within Ihe RiverBend Campus, located in Springfield Oregon. The
Campus embodies a totally integrated community adjacent to the McKenzie River, It is intended,to bea
live/work community set within a special environment that lifts-the'spirits,
RiverBend is committed to the protection and,enhancement of this beautiful setting while creating
opportunities for all members of the community, and visitors, to engage in nature as an integral pail' of Ihe
, living and healing process. To this end, all development shall strive to protect the existing natural features,
while maintaining the best possible views of the river, trees and the panoramic views of the,Coburg Hills.
Buildings shall be positioned so that they biend wilh the natural features of the site and their surroundings.
Each development projecl within the site shall complement the landscape and deepen people's
appreciation of the sile,
The campus creates a pedestrian friendly mixed-use development thai encourages transit use, walking
and bicycling, The hospital, which is the primary employment center pf the campus, and the BRT Iransit
station have been centrally located to provide easy access, within walking distance, to the entire "-
development. Medical Services, Medium Density Residential and Core Commercial Development have
,been located so that Ihese services are also available within easy walking distance. Parks, open space
and public spaces have been provided throughout the campus.
'The master plan for RiverBend does not rely on a strong geometric pallern, axial grid or other formal
circulation slructures, Rather, il is based on the naturai systems of the site,and intended to enhance the
identifiable site amenities 1hal already exist. . ,." ' '
Open space, pedestrian and bike paths are located throughout the site and are inlended to connect
residents, employees and visitors to the entire community.
The new campus will have a regional hospital that is commit,ted to providing patient and family centered
care that honors the total patient experience in a healing environment. Accessory Medical Services, such
as Medicat Office Buildings and a Conlinued Care Residential Community, are plann'ed to compliment this
r,nission.
., . "
A variety of residential living choices are included in the development to.accommodate a wide range of
preferences and market segments. These'are inte'nded to include senior living units, condominium
ownership, townhouse ownership, garden apartment rental units and,renlal apartments above retail and
commercial space, '
It is the goal of the development to allow businesses to be iocated in'a variety of,settings. These will
. include facilities that support stand-alone medical services, professional offices buildings; as well as retail
and a mix of commercial with residential uses. The objective is'to provide a variety of living, working, and
shopping experiences for,the entire RiverBend community as well as the greater Lane County region.
,~
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[lAGE 37
RiverBend Campus Design Guidelines
ARCHITECTURAL GUIDELIIIlES
Guideline
Individual buildings shall contribute to the overall cohesiveness of the campus.
pescriotion
These Design Guideiines are to encourage the development of buildings that embody the enduring
qualities and character of the entire RiverBend campus, Architectural materials, roof forms, proportions
and architectural elements shall be consislimt with other facilities on the campus in order 10 ensure that all
buildings contribute to a consistent sense of place.
It is not the intention to dictate a particular building style. How.ever, it is the goal of these guidelines 10
promote architectural expressions that are compatible to the Pacific Northwest, Oregon and the greater
Lane County area. '
Reouired
The framework that eslablishes Ihe architectural character for the campus is as follows:
o Each building shall express a distinction between the base, middle and top of the structure. This shall
be done with materials, proportion or architectural elements,
o The primary building material for all building facades shall be brick masonry unils of a color
compatible with the RiyerBend Campus, ' '
o Buildings that provide only residential accommodations may have a mixture o(brick masonry
compatible with the RiverBend Campus and a combination of wood siding, The minimum amount of
masonry shall be 20% of the total facade surface area.
o Medicai office buildings shall provide, covered autom'otive Portecocheres or protective coverings at
major pedestria~/automotive entrances to each'facility,
o Sloped roofs, or the appearance of sloped roofs, shall. be the predominant architectural roof
expression. R~of massing shall create a skyline composed of inter"esting forms and details.
o ' Vanatlon and relief to th'e building's facades are encouraged In order to add interest and ~isual delight."
Not permitteg
o Buildings that have unarticulated or homogenous facades,
o Excessive use of contemporary cladding materials such as metal panels, spandrel glass or synthetic
cladding, '
o Flat roof lines,
o Expansive metal.-frame storefronl windows that are not broken up al the ends of the buildings and at
the structural column lines, "strip windows."
<,}'
.
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[/Ri\'crBcnd CCRs AS I~ECOR[)EJ) 2008-4-8.doc]
RiverBend Campus Design Guidelines
BUILDING MATERIALS GUIDELINES'
Guideline
Use materials that create a sense of permanence and that of timeless elegance are strongly encouraged.
Descriplion "
In order to promote a unified architeclural character throughout th'e'campus, a similar palate of building
materials shall ,be ulilized, The utilization of quality wall materials will provide a sense of permanence and
will reduce unsightly maintenance needs. Arlicuiallon of wall materials shall be expressive with attention
paid to providing a variety of depth, visual relief and texture to the building, '
Reauired
o The base of each building shall be of a material that expresses the strength of supporting the upper
walls as well as the physical requicements of prolecting lhe building from the ground elements, Stone,
, concrete, pre-cast concrete masonry units or brick are an appropriate expression,
o Wall materi~ls shall be predominantly brick masonry.
o Roof materials, visible from the street or'sidewalks, shall provide textureanq visual relief, Standing
seam metal roofing, tile, slate or synthetic materials that replicate natural roofing materials are '
acceptable. '.
o Windows shall have ~rticulated fram~s,sills and headers, Mirror glass is not allowed.
o Doors shall have large glass areas and shall be articulated in order to provide a welcoming
experience, Narrow style door frames shall be used. '
o All on-site or on building mechanical storage qr trash containments should be located away from
major. entrances to the facility, '
o Architectural Screens shall be provided to hide mechanicai, storage or,trash containments. These
shall be built of the same materiais as the primary buildings thai they serve.
. 0 Natural, understated and subdued building colors shall be the predominant building color,
Not Permitted,
.- ')~- \ .
o
Plain concrete masonry units, su6h as concrete block
o
Exterior Insulation Finish Systems (EIFS) or other synthetic plaster. wall coverings.
o 'Canvas awnings, tent structures and other "non-permanenl" building elements,
S. Unarticulated ro~fing materials or brightly colored materials,
o Brightly painted or overtly bold colors.
PRE.SUBMITIAL REC'O
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. .'. -, . 'j'
I/R1\'crBcnd CCRs AS RECORDI:D 200S.4~8.docl
PA(iE 39
RiverBend Campus Design Guidelines.
LANDSCAPE GUIDELINES
Guideline
To promote a special environment that lifts the spirit while reinforcing the natural beauty of the RiverBend
site.
Descriolion
The landscape shall strengthen the sense of RiverBend as an environment of healing. Plant matenal shall
be planted throughoul the campus, provide a pleasant, and calm environment that malches the site's
ecological setting and compliments the campus architecture.,
o Entrances & Pedestrian Areas
Places in the public's view such as, entrances and pedestrian areas should be planted
to pro-vide year round visual interest and reinforce'the sense of continuity of the
, campus. Plant material shall provide a welcoming, appearance and encourage
p\,destrian use of the campus.
o Planl Palette
In order to establish continuity of character, plant palettes have been assembled for
'the landscape zones pn campus, These palettes are intended 'to be used as
guidelines for designers establish plans appropriate to each condition, Materials are
, intended to be planted in groupings in' order that designers establish visual continuity
throughout. '
o Screening & Buffering'
Areas such as parking lots, loading area and utility areas should be planted to
permanently screen their view. Materials should be selected that are evergreen and
grow to a sufficient height and density to eliminate views to these areas on a year-
round basis,
o Parking Lots
Trees in parking lots should be selected to provide sufficient canopy to shade the lots
'and provide visual screening from above. Tree types should also be selected to
establish visual continuity through-out. Shrub and ground covers should be hearty and
provide visual breaks in the lots through continuous planters throughout the lots at a
minimum 120 feet on center, .
o Bioswales
Bioswale plantlngs should be selected 10 meet the criteria for rainwater filtration and
provide a visually" pleasing element in the landscape. Materials should be selected
thai do not outgrow the areas provided and can be maintained without hedging or
severe pruning.
o Riparian Zone aiong the McKenzie River
o
The McKenzie River is the highest value asset of the campus, Plant material must be
carefully selected to establish a natural environment while allowing closed, open and
filtered views of the river. Planting plans for the areas adjacent to the hospital have
been completed and should be used.as a model for other areas along the river,
PRE-SUBMITTAL REC'D
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Roof Gardens
'P^GE 40
[lRivcrBcnd ceRs AS RECORDED 2008-4.8.doc]
i'<iverBend Campus Design Guidelines
'Roof Garden plant material should be selected for its visual interest and its ability to
thrive in the limited soil environment. The plant mate'rial should be established in
patterns which are interesting. for both those using the garden and those who view it
.from above. .
, o. Automatic,Underground Irrigation Systems
The entire campus should be integrated with efficient un.derground irrigation systems,
All systems should be established to be able (0 be monitored and adjusted over time
to ensure sufficient water is being used witho~l over watering areas,
o Plant material shall be selected for environmental suitability, naturally disease-
resistance and shall be ecologically appropriate for Ihe climate and environment of
RiverBend. '
o Landscape material selected shall minimize' the use of fertilizers, minimize the use of,
extensive watering, and minimize maintenance including excessive pruning or
weeding. ' ,
Not Permitted
o Natural and/or man made elements that impact ttie quality and character of the'
McKenzie River.
o Use of plants that require excessive maintenance andlor pruning or are not
indigenous to the general landscape culture of Oregon. '
o Large expanses of unplanted unpaved plazas, parking lols or other paved areas,
o Expansive areas of bark, mulching or unprotected earth.
o Asph~lt concrete walkways,
f
,
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, ,
I'AGE41
RiverBend Campus Design Guidelines
LIGHTING GUIDELINES
Guideline
Landscape and building lighting shail,provide safety, security and identity throughout the
campus while creating a pleasant ambiance that does not distract from the campus
atmosphere.
Lighting on the RiverBend site shouid ensure safe circulation and building security without
. compromising the unique natural setting, the healing campus environment or the ability 10
experience the night sky,
Descriotion
Lighting design and layout for the SHMC guidelines shall be adopted as the model for the
entire campus, .
, .
Lighting shail be used to create effects of visual inlerest that highlights the features of
buildings, landscape and site amenities.
Ornamental street and walkway lighting shail be provided throughout the campus with a .
compatible qualily of light and siyle, .
Reouired
\
o Lighting the parking lots shail match that of the quality and quantity of the Sacred
Heart Medical Center (SHMC.)
o Pedestrian Areas and Walks to meel SHMC quality and quantity,
o Building Lighting shail 'not be excessive and shall be approved by Ihe De~ign
Standards Review Board.
o Architectural lighting shail be used to articulate the building design and shail provide a
sense of scale and character for the pedestrian experience,
o Lighting with a historic style and character is encouraged.
o The standard for lighting poles shail. match SHMC,
o Seasonal lighting on trees and buildings are encouraged, but may not be placed prior
to one month before the holiday and is required to be removed with two weeks of the
hoiiday,
o 'Boilard lighting, that is directed down-ward toward ~urfaces in, pedestrian walk-ways
wherever prudent.
o Metal halide lighting shail be used throughout the campus.
o Light fixtures and poies that are consistentwith the architectural character of the
SHMC site and RiverBend Drive, shail be used,
PRE-SUBMITTAL REC'O
NOV 1 3 2008
IJRivcrBclld eX:Rs ^S RECORDED ~008-4-8.d(lc]
l'^Gr: 4?
.'
RiverBend Campus Design Guidelines
SIGN GUIDELINES
Guideline
,Signs shall be architecturally compatible and shall contribute to the character of the
campus,
Descriotion
Signs shall not detract from the architectural qualities of the buildings or landscape.
Directional signs used 'to identify and direct vehicular and pedestrian traffic shall be
designed consistently throughout the campus,
Signage should follow aunified theme, and should follow the model oftheSHMC,
Reouired
o Site Identification Signs
Each individually developed building shall have on site identification sign,
In the event.that the primary building occupant occupies 65% or more of the total
gross square footage, the primary occupant may display their business name on the
site sign, below the building address in an area not to exceed six square feet. Name
may be completed in occupant's logo style, '
o Building Identification Signs.
Each building shall be allowed' one building identification sign, The purpose this sign
shall be to display the. name of the byllding once a vehicle or pedestrian has reached
the parking area, ' .
This,sign shall be freestanding, located In lhe proximity of the building entrance, and
not visible form the public thoroughfares. This sign shall be Integra led inlo the
buiiding landscape. Sign shall beconslructed of stone or masonry complimentary to
the building architecture, Sign shall be single sided and illuminated only by ground
mount lights.
No individual tenant names' may be installed on this sign except if the primary tenant
In the building occupies 65% of the tala! gross square footage or more of the
structure. In that case, their name may also be inslalled on this sign in an area
directory below the building name, not to exceed 9 square. feet in totaL This tenant
name shall be allowed in their iogo style, applied in cut individual letters.
,
The overall size of this sign shall not exceed 4 feet in height and 6 feet in width
excluding the base, but in no case shall sign exceed 6 feet in height when mounted
on base.
Not Permitted
o No building mounted signs are allowed, except for building address, These shall not
exceed 12" in height and may nol be illuminated, Building addresses to' be individual
dimenSional characters and must be incorporated into building design and finishes,
o Campus logos and architectural symbols are not permitted as pari of any building.
Nor may any business logo be incorporated into any building facades.
f/RivcrUC11d CCRs AS RECORDED 2008-4-R;doc)
PRE.SUBMITTAL REC'DWiE43
NOV 1 3 2008
. RiverBend Campus Design Guidelines
o There shall be no illuminated signs or neon signs placed inside the building that are
visible from outside the building. ','. ,
o Businesses with exterior entries may apply viriylletters to the glass within their space,
only for identificallon and to denote hours. Lettering shall be white and shall not.
exceed 6" in height. .
o Retail outlets located within the mixed-use zone will have separate signage guidelines
that are not part of these guidelines. .
o Temporary signs an'd banners attached to the face of buildings,
o S'igns that through color, shape and size, adversely impacl ihe architecture of the.
buildings and landscape.
o Window signs that excessively restrict the view into and oul of buildings.
o Signs painted on fabric awnings or valances,
o Temporary sign age such as leasing sales and advertising are not permitted on any
building. This type of signage must be mounted in the landscape and is not to exceed
16 square feet. All signs must be removed wilhln 14 working days from the time it Is
. installed and cannot be reinstalled ",Ithout the approval of the Design' ReviewBoard.
. PRE.SUBMlrrAL REC'D
NOV 1 3 ZOOS
I/RjvcrB~nd CCRs AS RECORDED 2008-4-8.doc]
"','.
PAGE 44
,
v
RiverBend Campus Design Guidelines
STREETS CAPE GUIDELINES.
Guideline
RiverBend streetscape and site furniture guidelines are intended to create a distinctive
sense of place th~t provides a pedestrian friendly atmosphere through out the campus,
Descriolion
. Proposed site amenities shall provide ample pedestrian gathering'spaces, gateways to
the site and buiidings, pockel parks, seating areas and distinctive art and architectural
detailing to create a sense'of place appropriate for the Pacific Northwest and the
RiverBend campus,
Site furniture includes: kiosks, gazebos, trash receptacles, outdoor seating', bike racks,
storage sheds, and utility and trash enclosures fences and other site amenilies,
These shall conform to the design intent and materials already established at SHMC.
Reauired
o Trash, ulility and storage areas shall be enclosed 'and screened in such a way thaI
they are not visually accessible to pedestrians and.building inhabitants. These shall
be compatible with the materials and architectural delails of the primary buildings on
~~. ' .
o Detailing of site furniture, hardscape and other amenities that provide character,
lexlure and historical styie to provide visual delight. .
D
'Covered sealing areas and bike storage areas in places of waiting and gathering,
D
Site arl and sculpture that enhances, delights and prOVides a sense of place,
D
Fencing shall be of enduring materials that offer a variety of scale and detail. ,
PRE.SUBMITTAL REC'O
NOV 1 3 2008
[/RivcrBcnd CGRs'AS RECORDED'2008-4-8.doc]
/
\
l'NJE45
RiverBend Campus Design Guidelines,
Nol Permitted
o Solid fencing with monolithic use of wood or metal.
o Sidewalks, plazas and parking areas witho~t pedestrian enhancemEmls and amenities,
o Monolithic paving and planting that does not provide a variety of material and pattern,
o Overhead utility, power and communication lines, These shall"be located below grade,
,
o Exposed satellite dishes,
o Exposed microwave or olher communication devices.
o Chain link fencing of any kind, .
Smoking pavilions or designated a~.ea5 wjlhil: 2S feet of any pu~lic cnllY POillL
/
PRE-SUBMITTAL REeD'
NOV 1 3 2008
PAGE 46
I/RivcrBcnd celts AS RECORDED 2008-4-8.dOI:1
RiverBend Campus Design Guidelines
..
EXHIBIT C
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CA,
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
l~~l.~~~m
After Recording Return to:
Roger M. Saydack
Arnold Gallagher Saydack Percell
Roberts & Potter, PC
P.O. Box 1758 "
Eugene,O,R 97440-1758
"1111111" "111111111/1111111 11111111111111 $46,00
002470J82J01008857i0150055
12/31/2001 08:17,26 AM
RPR-DEED Cnl=l Sln=6 CASHIER 05
$25.00 $11.00 $10.00
Until a Change is Requested
Mail Tax Statements To:
PeaceHealth, a Washington
Non-profit Cotporation
P.O. Box 1479'
Eugene, OR 97440-1479
WI~
$31f:f
GR.A.NTOR:
Arlie & Company, an Oregon Corporation
722 Country Club Road
Eugene, OR 97401
GRANTEE'
PeaceHealth, a Washington Non-profit
Cotporation
P.O. Box 1479
Eugene, OR 97440-1479
After Recording Return To:
Western Title & Escrow Company
497 Oakway Rd Suite 340, Eugane OR 97401
30-0303<{-0/
STATUTORY WARRANTY DEED
Arlie & Company, an Oregon corporation, hereinafter called Grantor, hereby conveys and
warrants to PeaceHealth, a Washington non-profit corporation, hereinafter called Grantee, and all of
Grantee's heirs, successors and assigns, all of that certain real property with all tenements,
hereditaments and appurtenances thereto belonging or in any wise appertaining, situated in the County
of Lane, State of Oregon, described as follows, to-wit:
See Exhibit A attached hereto and by this reference specifically made a part hereof,
together with the Grantor's interest, as Lessor, under any and all leases pertaining
thereto.
To Have and to Hold the same unto the Grantee and Grantee's heirs, successors and assigns forever.
And the Grantor hereby covenants to and with the Grantee and Grantee's heirs, successors and assigns
that the real property is free from all liens and encumbrances except as shown on Exhibit Battached
hereto. The true and actual consideration for this conveyance stated in terms of dollars is Ten Million
Six Hundred Seventy-eight Thousand Six Hundred Seventy-two Dollars ($10,678,672). **which is
paid to an accomodator pursuant to an IRS 1031 Exchange.
In construing this deed, where the context so requires, the singular includes the plural and all
grammatical changes shall be made so that this deed shall apply equally to companies and to
individuals.
STATUTORY WARRANTY DEED - I
N:\P -l\PeaceHeallh Oregon Region 1J967\Arlie & Company 13967-0004\Docllmenls\SIJI.War.Deed.Palcel A.wpd
PRE-SlIBMITTAL REC'O
NOV 1 3 2008
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS30.930.
<
IN WITNESS WHEREOF, the Grantor has executed this instrument effective
D6C.f)I1 Bek. 31 , 2001.
Grantor:
STATE OF OREGON )
) ss.
County of Lane )
The foregoing instrument was acknowledged before me this31'5.tday of December, 2001, by
St-/zAYA/C" l{. .If-t2t..;t: ,the p,et:s,7)~r of Arlie & Company, on behalf of the
corporation. rI/t;
J 'I ,
Notary ublic for Oregon
My Commission Expires:
1"- - - - - - :A:EW~~~ri~~~E: --., :/"
NOTARY PUBLIC, OREGON
COMMISSION NO. 338910 j
,__ _, ~CQ:,.1~~19I1,f.l<Pl[1~ _ogT J~ 2001,j
PRE.SUBMITIAl RECIO
NOV 1 3 2008
STATUTORY WARRANTY DEED - 2
N:\P -1\PeaceHealth Oregon Region I 3967\Arlie & Company 13967-0004\Documenls\StaI.War.Deed.Parcel A.wpd
EXHIBIT A
A parcel of land located in the Northeast 1/4 of Section 22, and the Northwest
1/4 of Section 23, Township 17 South, Range 3 West, Wi"llamette Meridian, more
particularly described as follows:
Commencing at the Northeast corner of the William M. Stevens Donation Land
Claim No. 46, Township 17 South, Range 3 West, Willamette M~ridian; thence
South 260 39' 56" East along the East line of said William M. Stevens Donation
Land Claim No. 46, 981.30 feet to the true point of beginning; thence South
260 39' 56" East along said East line, 445.17 feet to the Northeast corner of
that property as described in that deed recorded on Reel 1747, Instrument No.
92-11169, Lane County Oregon Deed Records; thence leaving said East line South
630 18' 39" West, 22S.00 feet to the Northwest corner of that property
described in said deed recorded on Reel 1747, Instrument No. 92-11169; thence
North 480 251 1411 West, 13.21 feet; thence South 350 111 42" West, 13.52
feet; thence South 31" 36' 21" West, 42.87 feet; thence Southwesterly,. 106.97
feet along the arc of a 105.74 foot radius curve right, (the chord of which
bears South 520 45' 20" West, 102.47' feet); then~e North 890 58' 00" West,
322.04 feet; thence North, 18.21 feet; thence North 890 58' 00" West, 1012.99
feet to a point on the East line of that property conveyed to the City of
Springfield as described in that deed recorded on Reel 843, Instrument No.
77-22531, Lane County Oregon Deed Records; thence along said East line North
30 53' 37" West, 391.66 feet to a 5/8 inch iron rod marking the Northeast
corner of said City of Springfield property; thence South 890 56' 00" West
along the North line of said City of Springfield property, 425.58 feet to a
5/8 inch iron rod on the East margin of Game Farm Road (County Road No.3),
30.00 feet from, when measured at right angles. to the centerline of said Game
Farm Road; thence North 20 54' 5611 West along said East margin, 110.62 feet to
a 5/8 inch iron rod; thence North 40 11' 55" West along said East margin
320.76 feet to a S/8 inch iron rod; thence continuing along said East margin
North 890 21' 57" East, 5.00 feet to a point, 35.00 feet from, when measured
at right angles to the centerline of said Game Farm Road; thence continuing
along"said East margin North 40 11' 56" West, 122.68 feet to a 5/8 inch "iron
rod; thence leaving said East margin North 890 59' 16" East, 347.61 feet to a
5/8 inch iron rod; thence Nor"th 000 09' 13" East, 65.02 feet to a 5/8 inch
iron rod; thence North 000 06' 4311 East, 156.20 feet; thence North 890 59' 16"
East, 308.00 feet; thence South 260 43' 44" East, 654.70 feet; thence North
890 56' OO" East, 992.70 feet to the point of beginning, in Lane County,
Oregon.
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EXHIBIT B
The rights of the public in and to that pore ion of the premises herein
described lying within any public road or highway.
.An easement created by ~nstrument, including the terms and provisions
thereof,
Recorded. February 29, 1991
Recorder's Reception No. 91-09965
Lane County Oregon Official Records
In favor of. City of Springfield
An easement created by instrument, including the terma and provisions
thereof,
Recorded: March 5, 1991
Recorder's Reception No. 91-10574
Lane County Oregon Official Records
In favor of: City of Springfield
(
An easement created by instrument, including the terms and provisions
thereof,
Recorded: December 14, 1990
Recorder's Reception No. 90-59952
Lane County' Oregon Official Records
In favor of: city of Springfield
An easement created by instrument, including the terms and provisions
thereof,
Recorded: October 22, 1991
Recorder's Reception No. '91-50961
Lane County Oregon Official Records
In favor of: City of Springfield
An easement created by instrument, including the ~erms ana provisions
ther~off
Recorded: Augus t 6, 1947
in Book 353, Page 220
Lane County Oregon Deed Records
In favor of: United States of America
An easement created by instrument, including the terms and provisions
thereof,
Recorded: April 25; 19G9
Recorder's Reception No.' 22343
Lane County Oregon Official Records
In favor of: City of Eugene
Fence line encroachment along the North line as
Engineering Survey
disclosed.. by Branch
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Annexation Agreement, including the terms and provisions thereof, between
the City of Springfield and Arlie & Company, an Oregon COrporation,
recorded June 8, 2001, Recorder's Reception No. 2001-034714, Lane County
Oregon Official Records.
Fence line 'encroachment along t:he "North line as disclosed by Branch
Engineering SUrvey, Project No. 94-157.
An,easement created 'by instrument, including the terms and provisions
thereof,
Recorded, April 18, 1977
Recorder's Reception No. 77-22531
Lane County Oregon Official Records
In favor of, City of Springfield
Easement:s'set forth in that: certain Lot'Line Adjustment Deed recorded
October 2,2001, Recorder's Reception No. . 2001-064919, Lane County
Oreg~n Official Records.
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Division of C. -f Deputy Clerk
Lane County Deeds and Records
l~~j .~~~001
$46,00
After Recording Return to:
Roger M. Saydack
Arnold Gallagher Saydack Percell
Roberts & Potter, PC
P.O. Box 1758
Eugene, OR 97440-1758
"'11111111111111111111 I11I111111 11111111111111
00~47063200100885670051050
RPR-DEED Cnt::;1 Stn::;6 cRJ3{~~/~~1 08:17:26 AM
$25.00 $11.00 $10.00
Until a Change is Requested
Mail Tax Statements To:
PeaceHealth, a Washington
Non-profit Corporation
P.O. Box 1479
Eugene, OR 97440-1479
rydJ r
· fl f) ( I II
PV5 C.
9RANTOR:
Arlie & Company, an Oregon Corporation
722 Country Club Road
Eugene, OR 97401
GRANTEE:
PeaceHealth, a Washington Non-profit
Corporation
P.O. Box 1479
Eugene, OR 97440-1479
After Recording Return To:
Western Title &. Escrow Campi-my
497 Dakway Rd Suite 340. Eugene OR 97401
30-0303'1- 0 I
STATUTORY WARRANTY DEED
Arlie & Company, an Oregon corporation, hereinafter called Grantor, hereby conveys and
warrants to PeaceHealth, a Washington non-profit corporation, hereinafter called Grantee, and all of
Grantee's heirs, successors and assigns, all of that certain real property with all tenements,
hereditaments and appurtenances thereto belonging or in any wise appertaining, situated in the County
of Lane, State of Oregon, described as follows, to-wit:
See Exhibit A attached hereto and by this reference specifically made a part hereof,
together with the Grantor's interest, as Lessor, under any and all leases pertaining
thereto.
To Have and to Hold the same unto the Grantee and Grantee's heirs, successors and assigns forever.
And the Grantor hereby covenants to and with the Grantee and Grantee's heirs, successors and assigns
that the real property is free from all liens and encumbrances except as shown on Exhibit B attached
hereto. The true and actual consideration for this conveyance stated in terms of dollars is Sixteen
Million Three Hundred Fifty-four Thousand Twenty-three Dollars ($16,354,023). ** which is paid
to an accomodator pursuant to an IRS 1031 Exchange.
In construing this deed, where the context so requires, the singular includes the plural and all
grammatical changes shall be made so that this deed shall apply equally to companies and to
individuals.
STATUTORY WARRANTY DEED - I
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THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK wlrn 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.
IN WITNESS WHEREOF, the Grantor has executed this instrument effective
De-O::/l-iBt:.R.?,/ ,2001.
Grantor:
STATE OF OREGON )
) ss,
County of Lane )
The foregoing instrument was acknowledged before me this3,.s.taay of December, 2001, by
5l./2AQ,Qi; K. Mt.lt: ,the rR~/bG"vr of Arlie & Company, on behalf of the
""""",UO"_ '-' _ '
'--
Notary Pub IC or Oregon
My Commission Expires:
~----'~-'--~---~"~~I
j. OFFICIAL SEAL
I' , KAREN EICHELBERGER
j . \. / NOT ~.RY PUBlIC- OREGON
I '.. COMMISSION NO, 3311910
.~_ '" _ ~ 5'~M~I~S~~~E!!'Jfl~~.P;, 20~
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EXHIBIT A
A parcel of land located in the Northeast and Southeast quarters of Section 22
and the Northwest and Southwest quarters of Section 23, all of Township 17
South, Range 3 West, Willamette Meridian, and being a portion of the William
M. Stevens Donation Land Claim No. 46, more particularly described as follows:
Commencing at the Northeast corner of William M. Stevens Donation Land Claim
No. 46 in Township 17 South, Range 3 West, Willamette Meridian; thence South
260 39' 56" East along the East line of said William M. Stevens Donation Land
Claim No. 46, 1426.47 feet; thence South 630 18' 39" West, 225.00 feet to
the Northwest corner of that property described on Reel 1747, Instrument No.
92-11169, Lane County Oregon Deed Records and the true point of beginning;
thence South 260 39' 56" East, parallel with the East line of said William M.
Stevens Donation Land Claim No. 46, 959.30 feet to a point on the South line
of that certain tract of land conveyed to L. Simmons by deed recorded
September 2.8, 1898, in Volume 46, Page 179, Lane County Oregon Deed Records;
thence East along said South line, '~O.38 feet, rn~re or less, to a point which
is West, 191.4 f~et from the East line of said william M. Stevens Donation
Land Claim No. 46; .thence South 510 49' Iall West 716.90 feet, more or less,
to a point which is 17S0.00 feet East of the Northwest corner of that certain
tract of land conveyed to Tom R. Wester, et ux, by deed recorded July 3,
1964, Reception No. 61726, Lane County Oregon Deed Records; thence West
along said Wester line, 189.64 feet to a point on the West bank of the
McKenzie River; thence Southwesterly along said West bank of the McKenzie
River the following courses: South 250 45' 2511 West, 61.79 feet; thence
South 240 041 3311 West, 118.20 feet; thence South 140 35' 19" West, 92.~~
feet; thence South 170 16' 35" West, 69.99 feet; thence South 30 36' "">
East, 64.50 feet; thence South 10 28' 52" West, 75.75 feet; thence Soutil'Lr2ooo
12' 55" East 101.88, more or less, to a point on the Easterly extension ~tIg
North line of a tract of land conveyed to F.G. Young by deed recorded aEct~g~
508 of Volume 73, Lane County Oregon Deed Records; thence leaving said ~t ~
bank of the McKenzie River North 890 58' 00" West, 101.75 feet to the .~,.....
Northeast corner of said F.G. Young tract; the;nce North 890 58' 00" West; E;
994.81 feet to a 5/8 inch iron rod on the Easterly margin of the vacated ~
Southern Pacific Railroad right of way; thence Northwesterly, 330.41 feet..
along the arc of a 985.04 foot radius curve left, (the chord of which bears
North 320 15' 43" West, 328.87 feet) to a 5/8 inch iron rod; thence
continuing along said Easterly margin of the vacated Southern Pacific Railroad
right of way North 410 52' 17" West, 229.02 feet to a 5/8 inch iron rod on the
Easterly margin of Game Farm Road (County Road No.3) said point being 35.00
feet. from, when measured at right angles to, the centerline of said Game Farm
Road as established in County Survey File No. 33854; thence North 30 36' 56"
West along said Easterly margin of Game Farm Road, 123.21 feet to a 5/8 inch
iron rod; thence continuing along said East margin North 890 271 1511 West,
5.01 feet to a 5/8 inch iron rod, said iron rod being 30.00 feet from, when
measured at right angles to the centerline of said Game Farm Road; thence
continuing along said East margin North 030 36" 56" West, 110.15 feet; thence
leaving said East margin East, 279.43 feet; thence North 40 31' 37'1 East,
1082.06 feet to a 5/8 inch iron rod marking the Southeast corner'of that
property conveyed to the City of Springfield as described in that deed
recorded on Reel 843, Instrument No. 77-22S31, Lane County Oregon Deed
Records; thence North 30 53' 37" West along the East line of said City of
Springfield property, 19.94.feet; thence leaving said East line South 890 58'
DO" East, 1012.99 .feet; the~ce South, 18.21 feet; thence South 890 58' 00'1
East, 322.04 feet; thence Northeasterly 106.97 feet along the arc of a 105.74
foot radius curve left (the chord of which bears North 520 45' 21'1 East,
102:47 feet); thence North 31" 36' 21" East, 42.87 feet; thence North 350 11'
42" East, 13.52 feet; thence South 480 25' 14" East, 13.20 feet to the point
of beginning, all in Lane County, Oregon.
EXHIBIT B
The rights of the public in and to that portion of the p~emises herein
described lying within any public road or highway.
Rights of the public and of governmental bodies in and to that portion of
the premises herein described lying below the high water mark of the
McKenzie River and the ownership of the State of Oregon in and to that
portion lying below the high water mark thereof.
Any adverse claim based on the assertion that the location of the
Mc~enzie River has moved.
Any adverse claim based on the assertion that any portion of the subject
property has been created by artificial means or has accreted to such
portions so created, or based on the provisions of ORS 274.905 through
274.940.
An easement created by instrument, including the terms and provisions
thereof,
Recorded: pctober 16, 1946
Book 333, Page 653
Lane County Oregon Deed Records
In favor of: Mountain States Power Company
(Exact location not defined)
.[
An easement created br instrument, including the t~rms and provisions
thereof,
Recorded: August 6, 1947
in Book 353, Page 220
Lane County Oregon Deed Records
In favor of: United States of America
An easement created by instrument, including the terms and provisions
thereof,
Recorded: April 25, 1968
Recorder1s"Reception No. 22343
Lane County Oregon Official Records
In favor of: C~ty of Eugene
An easement created by instrument, including the terms and provisions
thereof,
Recorded: December 29, 1976
Recorder's Reception No. 76-68984
Lane County Oregon Official Records
In favor of: City of Eugene
An easement created by instrument, including the terms and provisions
thereof,
Recorded: December 29, 1976
Recorder's Reception No. 76-68985
Lane County Oregon Official Records
In favor of: City of Eugene
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Terms and provisions .of easement, including obligations for maintenance
as established by Oregon law or as contained in instrument,
Recorded: April 18, 1977
Recorder's Reception No. 77-22531
Lane County Oregon Official Records
Between: City of Springfield
Option to Re-Purchase a portion of this property by Joseph D. Bando and
Leonora P. Bando, as disclosed by Statutory Warranty Deed, recorded
December 4, '1985, Recorder's Reception No., 85-43721, Lane County Oregon
Official Records.
AnneXation Agreement, including the terms and provisions thereof, between
the City of Springfield and Arlie & Company, an Oregon corporation,
recorded June 8, 2001, Recorder's Reception No. 2001-034714, Lane County
Oregon Official Records.
Easements set forth in that certain Lot Line Adjustment Deed recorded
October 2, 2001, Recorder's Reception No. 2001-064919, Lane County
Oregon Official Records.
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