HomeMy WebLinkAboutApplication APPLICANT 10/30/2008
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Site Plan Review
PRE.SUBMITTAl REC'O
OCT 3 0 2008
pplication Type (Applicant: check :o.ne)
Site Plan Review Pre-Submittal: ~
Site Plan Review Submittal: 0
Major Site Plan Modification Pre-Submittal:
Ma"or Site Plan Modification Submittal:
." .
Applicant Name: b/2... MM "P\A~V\~ Phone: k'lI\<1e5'". OUl!; 1
Icompany: Sf''e.\NCt rlaD b'AI-'-\S\S: L\... L. Fax: /
!Address: 3q,55 1?,vElBENfl D{{'IIF. SUI'Tl~ ZoO. S'PfGINaFJELD. OR 't7J177
,
IAPPlicant's Rep.: cDWA~/) JIJH-NSON Phone: (7.~2) qOI "06Df>
Icompany: CHll/6TlJPriER JODD + 1I55oc.tfl-TES Fax: (..2.1~1.. ') "01 . OS-I 0
IAddress: A/4PJ WI tJJS;S;;"D US80N RoAD. ME'NoMDA/'F13 Fl'1t.l..s. WI t:3o~1
,
I Property Owner: J'PR.INf:J FI CLlJ Dlftl.. '15/5. LL L Phone: (5"4/) 'IS6'"- Ol/lb"J
Icompany: FetiSENIIA5. ME"D/lI'tL CIHZrE Fax: /
IAddress: .-=?'356' RIVER.PJEY) ()ew"F...(/AITi;: '7./)0. .(Pfl..INhFI€'L/) /T12... q7477
, . .
IASSESSOR'S MAP NO: 11- 03- 2.CI "Z. '-IhAX LOT NO(S): II.. ISOO ) "IL / tROD
I :t -;10 C:l. ~rr tit-I&><>)
Property Address: 3,()!.I (i) STe~T. SPR,IN6FI al) . ~~ "/7477 (T1../..oOJ
I Size of Property: 5'3.4 q I (ftPPIlO'X. ') Ac~es 0 Square Feet ~
I Proposed Name of Proiect: Feli"SEA/ltA5 /V1roltftL CflU- S'f'eINtJFltLD
I
I Description of If you are filling in this form by hand, please attach your proposal d~scriPtion to this application.
Proposal: sa: A-1TALlt1;'f) PrzOJRT NM?/Ul-1/VE
I Existing Use: 'VALArvr LDT
INew Impervious Surface Coveraae (Includina Blda. Gross Floor Area): 3G!806" sf
Si natures: Please si nand rint our name and date in the a ro riate box on the next
Signs:
Associated Applications:
I Pre-Sub Case No.: PRf 2008. 0:008'
Icase No.:
IAPPlication Fee: $
ITOTAL FEES: $
I
Date: I D-3D-OK
Reviewed by:
I
I
3~(p ~
3 Y-lo 00
Date: Reviewed by:
ITechnical Fee: $ ~ I Postage Fee: $ ---
I PROJECT NUMBER: fl\f~c:c&-[(X::(c;(
_ iii
Revised 1/1/08 Molly Markarian
1 of 10
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
The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the
Pre- Submittal Meeting,
Owner:
Date:
Signature
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 provided 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
Print
PRE.SUBMITTAL REC'O
OCT 3 02008
Revised 1/1/08 Molly Markarian
2 of 10
Christopher Kidd & Associates, LLC
Architects and Engineers
Project Narrative
Project Name: FMC-D.S. of Springfield - Shell Building
CKA Project Number: 07192-02
Tax Map/Lot: TL 1500 and TL 1600
'2-10 <l 304 :3$tQStreet
Springfield, OR 97477
PRE.SUBMITTAI!REC'O
OCT 3 0 2008
Existing Use of Property
The existing property consists of two parcels, Tax Lot 1500 and Tax Lot 1600, having one single story residential
structure each to be removed, There are multiple accessory structures to the residences to be removed as well.
(See Sheet C I) A number of existing trees shall be removed via a tree felling permit, however; all trees that can be
kept will be identified and protected properly during construction, (See Sheet C I and Sheet Ll 00)
Proposed Use of Property
The proposed site plan includes an 11,216 g,s,f, medical office building shell to house a future outpatient dialysis
clinic. (See Sheet C3 and A 100) The tenant improvement work shall be performed under a separated contract and
separate permits, The site also includes a parking lot for 38 vehicles including 4 ADA compliant accessible spaces,
A covered drop-off canopy is provided with vehicular access, A pedestrian sidewalk from the existing street is
provided as well as bike parking in a covered area,
Proposed Number of Employees
15-18 (including doctors, receptionists, nurses, technicians. social workers, dieticians, clinic manager, training
coordinators when dialysis facility tenant build-out is constructed)
Future Expansion Plans
None, Dialysis facility tenant build-out shall be constructed under separated contract within proposed shell
building, . .
Prepared by: Thea M. Watters, LEED AP
Christopher Kidd & Associates, LLC
N48W16550 Lisbon Road
Menomonee Falls, Wisconsin 53051
262-901-0505 Phone
262-901,0510 Fax
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SITEPlANOENERALNOTES
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ENGINEER,PERCITYSTANDA.ROSA~PERTHECNlLDRi\WINGS
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LANDSCAPINGPERCITYOl'SPRINGFlELDANOTHEl.ANOSCAPEPl.AN.GENERALCONTRACTORTORETAINLDCAL
LICENSED LANDSCAPE CONTRACTOR TO INSTALL PER ALLClTY OF SPRlNG~IELDANODESIGNER"S REQU'REMENTS. A
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THISPRQ.lECT. SEECIV1LDAAWINGS~QR EXISTI'<GSITECONDITIONS. AL.I. SITE CQNDITIONS SHALL BE VE.RIRED '"
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CONDITIONS HINDERING THE COMPLETION OF TH~PROJECTPRlORTOTHECO"''''ENCE''ENTOFCONSTRUCTION
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OCT 3 02008
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PUBLIC WORKS DEPARTMENT / Engineering Division
Fax: (541) 736-1021
STORMW A TER MANAGEMENT SYSTEM SCOPE OF WORK
n___ (Area below Ihis line filled 0111 by Applicanl) -----
(Please relllm 10 Matt Slonder@ City of Springfield Pllblic Works Engineering; Fax # 736-1021, Phone # 736-1035.)
Project Name: flZ,"SE"WI,^5 Mro'LlltCIlU:- -S'P~IN6F,fU)Applicant:
Assessors Parcel #: 17 . D ~, 1. UJ z 'l Date:
Land Users): I'hMMIAllIlTi (oMMf'/'LG/AL Phone#:
Project Size (Acres): ,. 2'2.. WP/Z. 0 'to, ') Fax #:
Approx. Impervious Area: 3"5""1 805'" sf Email:
Project Description (Include a copy of Assessor's map):
I
I
I
('ZlR'l.. ') 'l 0 I . 0 S' I 0 I
e -johni:Cl()@. r_lGiAao.T'lhim4s .CDrV\~
tJ.lfllf;TlJPttVl. it/DD t !'&tJt!f}71F!
10' Z8' 2008
(Zu1.1 '101 . 050~
Sff Stf1:TTS
c.J - EO
· ,~F:1!~~4ITTAL REC'D
nn 3 0200a
Drainage Proposal (Public connection(s). discharge location(s), etc. Attach additional sheet(s) if necessary:
SEE StlcET ci)' - S7"ofl.M lA?1+INR(;/I: pLAN
Proposed Stormwater Best Management Practices:
fJ/l./IINRe,€ 5'Wf/G/3"S - SEE' SHa T C S' - STOIZIV/ Oet4II\1lf61G' PLA-N
_m_ IArea below Ihis line filled 0111 b. the Ci/v and Relllmed 10 Ihe Aoolicanll __m
(At a minimum, all boxes checked by the City on the from and back oflhis sheet shall be submitted
for an application to be complete for submittal, although other requirements may be necessary.)
Drainal!e Studv TVDe mDSPM Section 4.03.2): (Note. UH mav be substituted for Rational Method)
o Small Site Study - (use Rational Method for calculations)
o Mid-Level Development Study - (use Unit Hydrograph Method for calculations)
D' Full Drainage Development Study - (use Unit Hydrograph Method for calculations)
Environmental Considerations:
o Wellhead Zone:
o Wetland/Riparian:
o Soil Type:
Downstream Analvsis:
ON/A
o Flow line for starting water surface elevation:
o Design HGL to use for starting water surface elevation:
o Manhole/Junction to take analysis to:
o Hillside Development:
o Floodway/Floodplain:
o Other Jurisdictions:
Return to Matt Stouder @ City of Sprin2field, email: mstouder@ci.sprin2field.or.us, FAX: (541) 736-1021
Revised 1/1/08 Molly Markarian
9 of 10
COMPLETE STUDY ITEMS ~omcial Use Only
* Based upon the information provided on {hefron! of this sheet. the fallowing represents a minimum o.fwl1af Li; neededfor ail
applicatioll-to be complete for submittal with respect to drainage; however, this /ist should not be llsed in lieu of the Springfield
Development Code (SDC) or the City's Engineering Design Manual. Compliance with these requirements does not constitute site
approval; Aejdifional site specijlc information may be required. Note: Upon .'leaping sheet submittal, ensure completed form has
been signed in the space provided below:
Interim Design StandardslWater Quality (EDSPM Chapter 3)
Req'd N/A
D D All non-building roonop (NBR) impervious surfaces shall be pre-treated (e.g. multi-chambered calchbasin w/oil
lihration media) for storm water quality. Additionally, a minimum of 50% of the NBR impervious surface shall be
treated by vegelated melhods.
D D Where required, vegetative storm water design shall be consistent with interim design' standards (EDSPM Section 3.02),
set fOrlh by the Bureau of Environmental Services (BES) or Clean Water Services (CWS).
D D For new NBR impervious area less than 15,000 square feet, a simplified design approach may be followed as specitied
by the BES for vegetative Ireatment.
o 0 If a stormwater treatment swale is proposed, submit calculations/specifications for sizing, velocity. flow. side,slopes.
bottom slope, and seed mix consistent with either BES or CWS requirements.
D D Water Quality calculations as required in Section 3.03.1 of Ihe EDSPM
D D All building rooftop mounted equipment, or other lIuid containing equipment located outside of the building, shall
he provided 'Yith secondary containment or weather resistant enclosure. ' PRE-SUBMITTAL REC'D
General Study Requirements (EDSPM Section 4:03) 2
D D Drainage study prepared by a Professional Civil Engineer licensed in the state of Oregon, 0 CT 3 0 008
D D A complete drainage study. as required in EDSPM Seetion4.03.1, including a hydrological study map.
o 0 Calculations showing system capacity for a 2-year storm event and overflow effects of a 25-year storm event.
o D The time of concentration (Tc) shall be determined using a 10 minute start time for developed basins.
Review of Downstream System (EDSPM Section 4.03.4.C)
D 0 A downstream drainage analysis as descrihed in EDSPM Seelion 4.03.4.C. On-sile drainage shall be governed hy the
Oregon Plumbing Specially Code (OPSC).
D D Elevations of the HGL and 1I0w lines for both city and private systems where applicable.
Design of Storm Systems (EDSPM Section 4.04)
o 0 Flow lines. slopes, rim elevations, pipe type and sizes clearly indicated on Ihe plan set.
D D Minimum pipe cover shall be 18 inches for reinforced pipe and 36 inches for plain concrete and plastic pipe materials,
or proper engineering calculations shall be provided when less. The cover shall be sufficient 10 support an 80,000 Ib
load without failure of the pipe structure.
D 0 Manning's "n" values for pipes shall be consistent with Table 4-1 of the EDSP. All storm pipes shall be designed to
achieve a minimum velocity of three (3) feet per second at 0.5 pipe full based on Table 4_1 as well.
OtherIMise
D D Existing and proposed contours, located at one foot interval. Include spot elevations and site grades showing how site
drains
D D Privatc storm water eascments shall be clearly depicted on plans when private stormwater flows from one property to
a'nother
o 0 Drywclls shall not receive runoff from any surface w/o being treated by one or more BMPs, with-the exception of
residential building roofs (EDSP Seclion 3,03.4.A). Addilional provisions apply to this as required by Ihe DEQ. Refer
lo the websitc: www.dea.statc.or.us/wa/2:foundwa/uichome.hcm for more information.
D D Detenlion ponds shall he designed to limit runoff to pre-development rates for Ihe 2 through 25-year storm events
*This form shall be included as an attachment, inside the from cover, of the storm water study
* IMPORTANT: ENGINEER PLEASE READ BELOW AND SIGN!
As Ihe engineer of recora. I hereby certify Ihe above required ilems are complete and included with the submitted storm water sludy and
plan set.
Signature: Date:
Revised 1/1/08 Molly Markarian
10 of 10
. ..f
K & A Engineering, Inc.
3327 Roanoke Ave., Eugene, OR 97408
(541) 684-9399 Voice
(541) 684-9358 FAX
.a
engineering
November 28, 2007
Eugene Springfield Nephrology Association
1200 Hilyard Street, Suite 470
Eugene, OR 97401
Project: 205.07
Subject: Geotechnical site investigation
Tax lots 1600& 1700, tax map 17 03 26 24
a Street, Springfield, Oregon
PURPOSE AND SCOPE
Our understanding is that you are proposing construction of a new medical clinic atthe sUbject project site. Our
assumption Is that the facility will likely include conventionally-framed buiidings, parking areas, utilities, and
other improvements consistent with light commercial and professional development.
As requested, K & A Engineering, Inc. has completed a limited geotechnical investigation of the subject project
site, The purpose of our investigation was to characterize site surface and subsurface soil conditions and to
make recommendations for the proposed site development with respect to cuts. fills, foundations, pavements,
and drainage.
The scope of our services included fieldwork and this written report.
SITE INVESTIGATION
General Site Characteristics
The project site is located in northwest Springfield, northeast of the intersection of Beltline Highway and Pioneer
Parkway. See the attached Vicinity Map, The site currently includes two tax lots, Both lots have existing small
one-story residences, buildings, pavements"and utilities,
Site vegetation includes moderately dense fir and hardwoods, scattered native an non-native shrubs, and light to
dense grass cover. The ground surface is essentially flat and uniform, with no indications of instability or poor
drainage.
PRE.SUBMITTAl REC'O
OCT 3 0 ZOOB
, ,
K & A Engineering, Inc.
Geology of the area' consists of relatively thick (perhaps greater than 1 DO-feet) quaternary delta fan alluvium
over sandstone. The delta fan alluvium includes silts, sands, and sandy-gravels deposited by the nearby
Willamette and McKenzie Rivers.'
Subsurface Soil Conditions
Nine test pits were excavated at the site using a track-mounted hydraulic excavator. The approximate locations
of these test pits are shown on the attached Geotechnical Site Plan,' The test pits ranged in depth from
approximately 7 to 12-feet.
In general the soil profile at the project site can be characterized as 1 to 3-feet of dark brown, loose, organic silt
(topsoil with roots and organic matter) over 1 to 3-feet of tan/gray moderately dense/stiff silt, sand, and sandy
silt, over dense to very dense well-graded sandy gravels, Groundwater was found at depths ranging from 4 to
12-feet.
Graphic logs of the test pits are attached to this report.
PRE.SUBMIlTAL REC'O
OCT 3 0 Z008
SUMMARY AND RECOMMENDATIONS
General Suitability
The project site is well suited for the proposed development. There are no unusual geologic hazards associated
with this site.
Geologie Hazards
Slape Slability
There is not a significant slope at the project site. There are not any hazards associated with slope lTIovement.
Expansive Sails
There are thin zones of friable, moderately plastic silts at the site, generally located underneath the ground
surtace from 2 to 3-feet. These siits have a moderate potential for volume change with changes in water
content. Due to the depth and thin nature of these silts, the overall hazard from expansive soils at the site is
low. Our recommendations for design and construction of foundations consider the low hazard of expansive
soils and provide measures to mitigate their effects.
Earthquake Ground Motion - "Relative Hazard"
The project site has been mapped in an area of "low to intermediate hazard" for the combined effect of ground
motion amplification and earthquake induced slope movement' Since there are no slopes at the site, the hazard
from ground motion is due to the existence of reiatively thick stratum of unconsolidated soils, and the
I Ian P. Madin and Robert 8, Murray, Preliminary Geologic Map of the Eugene East and Eugene West 7.5' Quadrangles,
Lane County, Oregon; State of Oregon Department of Geology and Mineral Industries, Open-file Report 0-06-17, 2006.
'The McKenzie River is approximately 5,000-feet north of the project site, and the Willamette River is approximately 6,000-
feet south of the site, The confluence of the McKenzie and the Willamette is north of the site, and in general, this area has
been strongly influenced by significant river meanders and flood deposits from both rivers.
'The locations were recorded with a hand-held GPS receiver and are accurate, horizontally, within :t10-ft.
4 Relative Earthquake Hazard Map of the Eugene-Springfield Metropolitan Area, Lane County, published by the State of
Oregon Department of Geology and Mineral Industries, John D, Beaulieu, State Geologist, 2000.
Project: 205,07
Client: ESNA
Q Street, Springfield, Oregon
Page 2 of 11
November 28, 2007
, ,
K & A Engineering, Inc,
amplification of bedrock ground acceieration, The cited study recommends that an amplification lactor lor this
area could be as high as 15.
Earthquake Ground Motion - Liquefaction
With the exception of the southwest quadrant of the project site, the overall hazard of liquefaction at this site is
low due to the general location of the groundwater surface below the top of dense well-graded graveis
We did find groundwater in a thin layer of poorly-graded sand in test pit TP09 which could be susceptible to
liquefaction and strength loss with seismic ground motion. Our recommendations for site development and
foundations are made to mitigate the possible liquefaction condition in the southwest area of the project site.
Earthquake Ground Motion - Differential Settlement
In general, subsurface soil conditions for most of the project site, as determined in the field with the test pit
investigation, are relatively uniform and present no significant hazards with respect to differential settlement
trom earthquake ground motion.
However, we did find saturated, poorly-graded sands in test pit TPOg, and we also observed indications that the
groundwater may rise ,in the southwest quadrant of the project site (as observed in test pits TP08 and TP09), If
saturated, poorly graded sands (and the sands, silty-sands, or sandy-silts) are likely to be susceptible to
earthquake-induced high pore water pressures and subsequent bearing capacity faiiure and settlement. Our
recommendations for foundations, below, include specific measures to identify and mitigate this condition in the
southwest zone of the project site. This zone is identified on the Geotechnical Site Plan,
Earthquake Ground Motion - Faulting or Lateral Spreading
There is no known active fault that moves through the project site that could be the cause of faulting or lateral
spreading, Lateral spreading is unlikely at the project site.
Earthquake Ground Motion - Design Criteria
Based on criteria prescribed in Table 1613,5.2 of the 2007 Oregon Structural Specialty Code we recommend
that the project site is Site Class "0" based on a "stiff" soil profile.
We recommend development of seismic ground motion design parameters, including a spectral response curve,
as prescribed in ASCE 7 -05, chapter 11.
For design of non-foundation elements (such as exterior retaining walls or "non-structural" elements and
anchorages) for lateral earthquake loads, we recommend a design peak ground acceleration of 21-%g (10%
probability of exceedance in 50-years) that aiso includes a 1.5 amplification factor due to the mapped local
hazard.'
Site Development
Clearing and Grubbing
All areas to receive foundations, pavements, or modifications in surface grading should be stripped of the
surface organic silts. The depth of stripping will range from 1 to 3-feet. Strippings should be removed from the
iJRE.SUBMllTAl REeD
OCT 3 0 Z008
'2002 NSHMP Hazard Mapping. Interactive web site at:
hltp://earlhquake. usgs,gov/research/hazmaps/interactive/cm aps/custom2002~ 2006,php
Project: 205,07
Client: ESNA
Q Street, Springfield, Oregon
Page 3 of 11
November 28, 2007
K & A Engineering, Inc.
construction area to a suitable disposal area off site, or stockpiled at on site for use as backfill for landscaped,
vegetated areas designated on the project site plan, if approved by the project architect. Organic silt strippings
are not suitable for structural fill.
Stripped areas should be thoroughly grUbbed of roots and all woody debris. Grubbed roots and woody debris
should be disposed of off-site.
All areas of clearing, grubbing, and general excavation should be managed for minimization of surface erosion
and sediment transport off site, Management techniques could include covering during rainfall, sediment
fencing, and avoiding concentrated surface runoff,
Subgrade Preparation
General Site Recommendations
After clearing, grubbing, and excavation, the subgrade should be graded smooth to undisturbed native soils at
the desired elevation(s). Loose or disturbed subgrade soils should either be removed and replaced with select
granular fill or compacted to a minimum dry density of 95% of maximum as determined be ASTM D698
(standard proctor), Compaction may not be feasible during intermittent wet weather or if the water content of
the subgrade soil is higher than the optimum water content.
K & A Engineering, Inc, should be on site during subgrade preparation to provide on-site recommendations and
to approve of the subgrade prior to placement of granular fiils or construction of footings or pavements.
Southwest Zone
The southwest quadrant of the project site (see the hatched area on the attached Geotechnical Site Plan) may
contain relatively high groundwater levels and saturated, poorly-graded sands, silty-sand, or sandy-silt which
could experience strength loss from strong ground motion.
At locations, in this zone, to receive permanent foundations, the poorly-graded sands, silty-sand, or sandy-silt
should be removed' so that the subgrade supporting permanent foundations in this zone is in the dense sandy-
gravels, Select granular fill should be placed on the prepared subgrade and brought to the desired foundation
elevation.
Pavement sUbgrade in this zone should be prepared as recommended in General Site Recommendations,
above, with no required removal of poorly-graded sands, siity-sand, or sandy-silt.
Cuts
Based on our understanding of the nature of the proposed development, it is unlikely that there will be
permanent cuts or fills exceeding 4-feet in height.
Temporary cuts up to 8-feet in height may be made for foundation construction with slopes not exceeding 1 H :
1 V, K & A Engineering, Inc, should be contacted for additional recommendations if cuts exceeding 8-feet are
required. All temporary cuts should be covered during wet weather. Permanent cuts up to 4-feet in height
should be designed and constructed with slopes that do not exceed 1.5 H : 1 V, Permanent cut slope surfaces
should be grad~d smooth and protected from surface erosion with either a vegetative cover orstonf~l:rT2~&BMITTAL REC'O
OCT 3 0 ZOOB
Project: 205.07
Client: ESNA
Q Street, Springfield, Oregon
Page 4 of 11
November 28, 2007
K & A Engineering, Inc.
Fills
Permanent fill embankments may be constructed with exposed face slopes that do not exceed 2 H : 1 V. All fill
embankments should be "over-built" horizontally at least 2-feet and then reshaped to the final face slope, Fill
embankments may be constructed using approved native structural filldr select granular fill.
Fill embankments constructed with native structural fill should be constructed on a subgrade prepared as
recommended above. Native structural fill should be placed in 9-inch maximum loose lifts and compacted
using a vibratory smooth drum roller to a dry density equal to or exceeding 95% of maximum as determined by
ASTM 0698. Select granuiar fill should be placed as specified below in the materials and methods
specifications.
All exposed permanent fill slope faces should be protected from sulface erosion with either a vegetative cover or
stone armoring.
K & A Engineering, Inc. should inspect and approve of materials and placement of all permanent fills.
Pavements
Subgrade
The subgrade under all pavements should be on native non-organic subgrade soil prepared as recommended
above and approved by K & A Engineering, Inc., or on fills constructed and approved as recommended above,
Pavement Design and Construction
We recommend that the pavement structure for driveways and parking areas consist of 8~inches of aggregate
base rock covered by 3-inches of dense-graded hot bituminous asphalt concrete (AC) pavement.
Our recommendations for pavement structure are based on the assumption of a 20-year design life, a relatively
low subgrade strength assuming that the subgrade will be prepared on native plastic silt (M, = 6,000 psi), and
an estimate for traffic over the 20-year design life of 63,000-18-kip equivalent single axle loads,
Wet Weather Construction
Earthwork construction including cuts or fills, during continuous or heavy rainiall or very wet weather is not
recommended. Earthwork construction may proceed during light, intermittent rainfall provided that subgrade
soils are not saturated or weakened by cyclic wheel loading from trucks and earthwork equipment. Temporary
haul routes for trucks (constructed with coarse select granular fill) may be required to avoid weakening of the
subgrade from construction traffic. K & A Engineering, Inc. should be consulted for additional
recommendations if earthwork construction is to proceed during wet weather.
Underground Utility Construction
There are no unusual hazards for utility construction at this site. All utility construction should be made with the
implementation of safety procedures and methods required by local, state, and federal standards. Backfill in the
pipe zone should consist of either fine select granular fill or a granular fill recommended by the public utility
installer. Backfill above the pipe zone may consist of native structural fill (if water content and weather permit
proper compaction), or select granular fill.
PRE.SUBMITTAl REC'O
OCT 3 0 ZOOB
Project: 205.07
Client: ESNA
Q Street, Springfield, Oregon
Page 5 of 11
November 28, 2007
K & A Engineering, Inc.
Foundations
General Assunlpffons
We anticipate that the proposed construction will inciude one or two-story conventionally framed walls. There
may be structures with one-story CMU perimeter walls. We anticipate design ioads for perimeter footings in the
range of 1 to 3-kips per lineai foot; and isolated interior footing supporting roof ioads in the range of 10 to 20-
kips. Foundation systems may include conventional cast-in-place reinforced concrete spread footings, or cast-
in-place reinforced grade beams supported by cast-in-place concrete piers constructed in pre-drilled holes.
The following recommendations were made to limit differential settlement to V4-inch and satisfy bearing
capacity of soils as evaluated in the site investigation.
Spread Fooffngs
Shallow spread footings should be designed for an allowable bearing capacity of 1 ,500-pounds per square foot.
Shallow spread footings should be constructed to bear on approved subgrade prepared as recommended above
at a minimum depth below final grade of 2-feet. Alternatively, shallow spread footings may be supported on
select granular fill that extends to the subgrade, prepared as recommended above, at a minimum depth below
final grade of 2-feet. .
Pre-drilled Concrete Piers
High point loads or other foundation loads may be supported by cast-in-place concrete piers poured in pre-
drilled holes. Concrete piers should extend to a minimum depth of 1-foot below the surface of dense sandy
gravels or 6-feet, whichever is deeper, below the final grade, K & A Engineering, inc. should be on-site during
drilling and approve of the depth of piers, The allowable bearing capacity for concrete piers is 15-kips per
square foot in end bearing only, The minimum recommended pier diameter is 24-inches.
Prior to placement of concrete, all pier holes should be cleaned of all ioose soils. Our experience is that the use
of a large truck-mounted vacuum system is the most economical and efficient method to remove loose debris,
Concrete should be carefully placed in the holes using a tremmie or pump hose so that the concrete is placed in
the hole to avoid disaggregation of the concrete. The tremmie or pump hose should be placed below the water
level, if groundwater is in the holes, and slowly pulled upward as concrete is placed, displacing the water,
All piers should be reinforced for seismic loads and other lateral loads as per the 2007 Oregon Structural
Specialty Code.
Foundation Area Drainage
All perimeter strip footings should be drained with a conventional perimeter drain system consisting of a
perforated drainpipe covered with a minimum of 12-inches of drain rock that is completely enveloped with
separation geotextile,
Retaining Walls
We anticipate that short retaining walls may be specified to support loading ramps, We assume that loading
ramps will be backfilled with select granular fill and have a level backfill that supports pavement and truck loads,
Project: 205,07
Client: ESNA
a Street, Springfield, Oregon PRE.SUBMIlTAL RF.('lllage 6 of 11
NoYember 28, 2007
OCT 3 0 ZOOS
K & A Engineering, Inc,
We recommend that loading ramp retaining walls be designed for a triangular lateral pressure envelope of an
equivalent fluid having a density of 35 pounds per cubic foot plus a uniform lateral pressure (to account for
traffic surcharge) of 240-pounds per square foot.
The recommended maximum allowable passive soil pressure at the toe of the wall is an equivalent fluid
pressure of 300-pounds per square foot/foot.
The recommended coefficient of sliding friction at the base of the retaining wall footing is 0.4, Note that this
value is NOT adjusted by a factor of safety.
Retaining wall footings should be designed fDr an allowable bearing capacity of1 ,500-pounds per square foot
and should be supported on select granular fill that extends to approved prepared subgrade soils at a minimum
depth of2-feet below the ground surface at the toe of the wall.
Retaining walls should be drained, at the heel (the fill side) with weep holes that extend through the wall. Weep
holes at the heel should be covered with a minimum of 12-inches of drain rock that is covered with separation
geotextile. Weep holes should be spaced at 8-feet minimum and have a minimum diameter of3-inches,
Surface Runoff
Final grading should route surface runoff away from foundations. We anticipate that the site grading plan will
include designed systems to collect and manage storm runoff.
Drywells
Drywells or soakage trenches may be used for limited disposal of surface runoff from roofs. Drywell design
criteria are beyond the scope of this report, K & A Engineering, Inc. can provide additional field testing and
design and construction criteria for drywells or soakage trenches, if required,
SPECIFICATlDNS
Materials
Select Granular Fill
Select granular fill may consist entirely of fine select granular fill or a minimum of 9-inches of coarse select
granular fill covered with a minimum of 3-inches of fine select granular fill.
FmeSerectGronumrFiII
Fine select granular fill should consist of clean, durable, well-graded material with a maximum particle size 013-
inches and a maximum of 10% passing the no. 200 sieve, Select granular fill shall be placed in layers not to
exceed 12-inches (loose) and mechanically compacted to an average dry density exceeding 95% of maximum
as determined by ASTM D698 (Std. Proctor),
Coarse Select Granular Fill
Coarse select granular fill should consist of clean, well-graded quarry stone having a maximum particle size of
3-inches. Quarry stone should be durable and have 100% fractured faces. Coarse select granular fill should
have a water content judged to be near optimum by the geotechnical engineer, and should be placed in 12-inch
layers and compacted using a heavy vibratory steel drum roller.
Project: 205,07
Ciient: ESNA
Q Street, Springfield, Oregon
PRE.SUBMIlTAL P~f"'IP\age 7 of 11
Nomb"er 28, 2007
OCT 3 0 2008
K & A Engineering, Inc.
Alternatively coarse select granular fill may consist of well-graded "bar-run" gravels from a local alluvial source,
"Bar-run" coarse select granular fill shall pass the 4-inch sieve and shall have no more than 10%, by weight,
passing the no. 200 sieve,
Aggregate Base
Aggregate base should consist of clean, durable, well-graded material with a maximum particle size of 1 1/2-
inches and a maximum of 10% passing the no, 200 sieve, Aggregate base shall be placed In layers not to
exceed 12-inches (loose) and mechanically compacted to a dry density exceeding 95% of maximum as
determined by ASTM 01557 (modified proctor).
Drain Rock
Orain rock should consist of 1 V, to 3-inch clean, open-graded, and durable round river stone or angular quarry
stone.
Nalive Structural Fill
Native structural fill refers to on-site native clean sands, silty-sand, and sandy gravel. These soils may be used
for native structural fill if the water content is at or within 2% of optimum as determined by ASTM 0698.
Subgrade
Subgrade refers to compacted, graded native soils underneath stripped and grubbed organic layers that will
receive constructed fills or embankments, The subgrade in the southwest zone hatched on the Geotechnical Site
Plan should be in native undisturbed sandy gravels,
Separation Geotexlile
Separation geotextile should tonsist of a non-woven, needle-punched, polypropylene fabric meeting the
following specifications:
Table 1 - Separation Geotextile Specifications
I Properly Test Specification
Method
I Grab Strength ASTM >1.4kN
04632
I Tear Strength ASTM > 0.5 kN
04533
I Puncture Strength . ASTM > 0.5 kN
04833
Burst Strength ASTM > 3,500 kPa
03786
Permittivity ASTM > .02 sec.1
04491
I Apparent Opening Size (ADS) ASTM US Std. Sieve 70
04571
I Ultraviolet Stability ASTM > 50% ret. After 500 hours 1
04355 exposure .
Project: 205.07
Client: ESNA
PRE.SUBMITTAL REC'O
Q Street, Springfield, Oregon OCT 3 0 Z008 Page 8 of 11
November 28, 2007
K & A Engineering, Inc.
A manufacturer's printed certification is acceptable as proof of compliance in lieu of laboratory testing, Fabrics
that meet this specification include Amoco Fabrics and Fibers Co. proPex 4545.
Separation geotextile should be placed free of wrinkles or other discontinuities. Torn, punctured, or damaged
fabric should be replace. Separation geotextile should have a minimum lap at seams of 12-inches.
Pavement Gea/exlile
Pavement geotextile should consist of a woven polypropylene fabric meeting the following specifications:
Table 4 - Pavement ~eotextile Specifications
Property Test Specification
Method
Grab Strength ASTM >1.4kN
04632
Tear Strength ASTM > 0.5 kN
04533
Puncture Strength ASTM > 0.5 kN
04833
Burst Strength ASTM > 3,500 kPa
D3786
Permittivity ASTM > .05 sec"
04491
Apparent Opening Size (ADS) ASTM U.S. sieve 70
04571
Ultraviolet Stability ASTM > 50% ret. After 500 hours 1
04355 exposure
A manufacturer's printed certification is acceptable as proof of compliance in lieu of laboratory testing. Fabrics
that meet this specification include Amoco Fabrics and Fibers Co, ProPex 2006.
Pavement geotextile should be placed free of wrinkles or other discontinuities, Torn, punctured, or damaged
fabric should be replace: Separation geotextile should have a.minimum lap at seams of 12-inches.
Drain Pipe
Orainpipe for foundation drain systems shall consist of rigid AOS3000 Triplewall pipe or schedule 40 PVC,
Perforations should be either prefabricated by the pipe supplier, or constructed by drilling 'IHnch diameter holes
spaced at 8" into solid pipe, Perforations should be placed down. K & A Engineering, Inc, should be
contacted to review and approve perforated drainpipe prior to installation.
Placement Specification
General recommendations for placement of earthwork and specified materials are as follows:
. Strip and remove all organic soils including grubbing of root masses in native soils underneath the
organic topsoil.
PRE.SUBMITTAL REC'O
Project: 205.07
Client: ESNA
Q Street, Springfield, Oregon
0CT ~ I) 20(lR
Page 9 of 11
November 28, 2007
K & A Engineering, Inc.
. Remove any sands, silty-sands, or sandy-silts under foundation areas in the southwest quadrant
shown on the Geotechnical Site Plan. The subgrade in these areas should be in dense sandy gravels.
The minimum width of the subgrade underneath footings in this zone should be equal to or greater than
the footing width plus two times the distance from the footing to the subgrade.
. Compact subgrade prior to placing constructed fills, embankments, pavements, or foundations, The
subgrade should be compacted to a minimum of 95% of maximum as determined by ASTM 0698.
Compaction may not be possible during wet weather or for soils having moisture contents exceeding
optimum.
. Native structural fill should be placed in 9-inch maximum lifts (loose) and compacted using a vibratory
sheepsfoot or smooth drum roller to an average in-place dry density exceeding 95% of maximum as
determined by ASTM 0698.
. Fine select granular fill should be placed in 12-inch maximum lifts (loose) and compacted using a
smooth drum vibratory roller to an average in"place dry density exceeding 95% of maximum as
determined by ASTM 0698.
. Coarse select granular fill consisting of should be placed in 12"inch maximum lifts (loose) and
compacted using a Vibratory smooth drum roller having a minimum dynamic centrifugal force of 30-
kips. Coarse granular fill should have a water content judged to be at optimum by the geotechnical
engineer, and compaction should continue until no deflection of the fill is observed at the edge of the
roller.
. Quality control of constructed fills and embankments and compaction of subgrade should be provided
by a qualified geotechnical engineer or a materials testing company approved by the geotechnical
engineer. A quality control program should have a systematic plan for obtaining 'random samples of
sufficient quantity to assure reasonable compliance with these specifications.
PRE.SUBMITTAl REC'O
OCT 3 0 2008
Project: 205,07
Client: ESNA
Q Street, Springfield, Oregon
Page 10 of 11
November 28, 2007
K & A Engineering, Inc.
LIMITATIONS ANO USE OF GEOTECHNICAL RECOMMENDATIONS
This report has been prepared for fhe exclusive use of Eugene Springfield Nephrology Associates and its design
consultants and contractors for the subject project.
This geotechnicai investigation, analysis, and recommendations meet the standards of care of competent
geotechnical engineers providing similar services at the time these services were provided. We do not warrant
or guarantee these recommendations, site s.urface, or subsurface conditions. Exploration test holes indicate
soil conditions only at specific locations (i.e. the test hole locations) to the depths penetrated. They do not
necessarily reflect soil/rock materials or groundwater conditions that exist between or beyond exploration
locations or iimits.
The scope of our services does not include construction safety precautions, techniques, sequences, or
procedures, except as specifically recommended in this report. Our services should not be interpreted as an
environmental assessment of site conditions.
Thank you for the opportunity to be of service. Please call us if you have questions or need further assistance.
Respectfully,
EXPIRES ~tr<
Michaei Remboldt, P.E.
Principle, K & A Engineering; Inc.
PRE-SUBMllTAl REC'O
OCT 3 0 ZOOB
Project 205.07
Client ESNA
Q Street, Springfield, Oregon
Page110f11
November 28, 2007
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Project: ESNA - Q Street
Client: ESNA
Job No: 205.07 Date:11/27/07
Sheet: 1 of 1
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11/8/07
Logged by: SS
Surtace Elevation(ft): 448,0
Excavator
MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SILT.
Dark brown, damp, loose to moderately dense, SANDY SILT.
Gray, moist, well-graded, SANDY GRAVEL "bar-run" with gravels up to 3-inches.
Bottom of hole at 8-ft,
LOG OF TEST PIT TP02
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11/8/07
Logged by: SS
Surtace Elevation(ft): 447.6
Excavator
MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SILT,
Dark brown, damp, moderately stiff, moderately plastic, SILT.
Gray, moist, moderately dense, well-graded, SANDY GRAVEL "bar-run" with gravels
up to 3-inches. ~
Gray, moist, very dense, well-graded, SANDY GIiAVEL "bar-run" with gravels up to
3-inches.
Bottom of hole at 7.7-ft.
PRE.SUBMITTAl REC'O
OCT 3 0 Z008
K & A Engineering, Inc~
3327 Roanoke Ave.
Eugene, OR 97408
(541)684-9399 Fax: (541) 684-93958
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Eugene Springfield Neprology Assoc.
Tax Lots 1600 & 1700,Q Street,Springfield, Oregon
205.07
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LOG OF TEST PIT TP03
Excavator
MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SILT.
Logged by: SS
Surtace Elevation(ft): 447.0
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3-inches.
Gray, moist, dense, well-graded, SANDY GRAVEL "bar-run" with gravels up to
3-inches.
Bottom of hole at 7 -tt.
LOG OF TEST PIT TP04
11/8/07
Excavator
MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SILT.
Lightbrown, dry to damp, stiff, friable, SANDY SILT.
Logged by: SS
Surtace Elevation(tt): 447.0
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up to 3-inches. Approximately 70-percent rock.
Gray, moist, dense, well-graded, SANDY GRAVEL "bar-run" with gravels up to
3-inches,
GWL = 12.0-leel.
Bottom 01 hole at 12.2-11.
K & A Engineering, Inc.
3327 Roanoke Ave.
Eugene, OR 97408
(541) 6B4-9399 Fax: (541) 684-93958
PRE.SUBMITTAl ~E:'O
OCT 30 ZOJ8
Eugene Springfield Neprology Assoc,
Tax Lots 1600 & 1700, Q Street, Springfield, Oregon
205,07
LOG OFTEST PIT TP05
Date Excavated:
11/8/07
logged by: SS
Surface Elevation(ft): 447.0
Equipment:
Excavator
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Brown, dry, vefydense, well-graded, SANDY GRAVEL "bar-run" with gravels up to
3-inches.
Gray, moist, moderately dense, poorly-graded, SAND.
Gray, moist, dense, well-graded, SANDY GRAVEL "bar-run" with gravels up to
6-inches.
Bottom of hole at 8-ft.
- 10 -
. 12
LOG OF TEST PIT TP06
Date Excavated:
11/8/07
logged by: SS
Surface Elevation(ft): 447.0
Equipment:
Excavator
0:
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MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SilT.
w .,.
ct a ~
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w
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=>
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15;:
w
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2 1 Ll Light brownjtan, dry to damp, stiff, friable, SILT.
~. 4 : .....;" Light brown, dry, very dense, well-graded, SANDY GRAVEL "bar-run" with gravelS
. ...~ :.sa;' up to 2-inches.
f- - -It .b,....
~. 6 M.. Light brown, moist, dense, well-graded, SANDY GRAVEL "bar-run" with gravels up
~ . : ~~~~ to 2-inches.
~ ..~..:..
8 . 8 . ":'~~'~
~ . . ~ 'I Gray, moist, dense, well-graded, SANDY GRAVEL "baHun" with gravels up to
fu \3-inches.
~ - 10 - Bottom of hole at 8.8-ft.
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r PII!E.SU BMIT AL R':C'D
on 3 } ZOOl
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K & A Engineering, Inc.
3327 Roanoke Ave,
Eugene, OR 97408
(541) 684-9399 Fax: (541) 684-93958
Eugene Springfield Neprology Assoc.
Tax Lots 1600 & 1700, Q Street, Springfield, Oregon
205,07
LOG OF TEST PIT TP07
Date Excavated:
11/8/07
Logged by: SS
Surface Elevation(ft): 447.0
Equipment:
Excavator
I
~-
a.1U
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. MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SIL 1.
w ~
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a. 0 ~ => 5 '"
'" ;Z ;i '" >- m ~
6- g '"
<C <C w "'~ "' <C w
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2
. :i~,: Light brown, dry, very dense, well-graded, SANDY GRAVEL "bar-run" with gravels
4 . '.:,':,': .::. ,up to 2-mches. .r
..' . .. ..' Light brown, dry to damp, dense, poorly-graded, SIL TV SAND.
6
Gray, moist, dense, well-graded,SANDY GRAVEL "bar, run" with gravels up to
3-inches.
)-:-:~:..
.;i~.
8 _:.a~".:~
Bottom of hole at 8-ft.
- 10 -
12
LOG OF TEST PIT TP08
Date Excavated:
11/8/07
Logged by: SS
Surface Elevation(ft): 447.0
Equipment:
Excavator
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~-
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a.
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MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SILT.
w 0;
c[ a C
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<C "" w
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w
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6-
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~\i:
'"
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5~
2
:': t J: t Light brown/tan, damp, stiff, friable, SANDY SILT.
~ :i:-:. Brown, dry, very dense, well-graded, SANDY GRAVEL "bar-run" with gravels up to
~. 4 . .oCil'<<. .....)-Inches. r
~ _ _ ;..~~. Gray, moist, dense, well-graded, SANDY GRAVEL "bar-run".with gravels up to
g 6 .. ,'., 3-inches.
~. . .fl.. GWL = 70-feet
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Bott?m 01 hole at 8-ft.
PRE., ;UBN /TTAl RECTI
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K & A Engineering, Inc.
3327 Roanoke Ave.
Eugene, OR 97408
(541) 684.9399 Fax: (541) 684.93958
Eugene Springfield Neprology Assoc.
Tax Lots 1600 & 1700, a.Street, Springfield, Oregon
205.07
Date Excavated:
Equipment:
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4
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8
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LOG OF TEST PIT TP09
11/8/07
Excavator
MATERIAL DESCRIPTION
Dark brown, damp, loose, ORGANIC SILT.
Tan, moist, moderately stiff, moderately plastic, SILT.
Logged by: SS
Surface Elevation(<<): 447.0
w >-
w ce
~ ~ => z u
"- 0 >- => .eo </>
'" Z " </> ,. rn >-
6- ~ </>
.. .. w "'''' ce .. W
</> co "- 0 ~ >-
Gray, wet, moderately dense, poorly-graded, SAND.
Gray, moist, dense, well-graded, SANDY GRAVEL "bar-run" with gravels up to
3-inches. GWL = 4-feet.
Bottom of hole at 6.7-<<.
. K & A Engineering, Inc'.
3327 Roanoke Ave.
Eugene, OR 97408
(541) 684-9399 Fax: (541) 684-93958
PRE.SUBMIlTAL REC'O
OCT 3 0 ZOOS
Eugene Springfield Neprology Assoc.
Tax Lots 1600 & 1700, Q Street, Springfield, Oregon
205,07
1
. '
Tax lot 1600/1700 Q St.,
Springfield, Oregon
Pavement Design
Flexible Pavement Design - Cement Stabilized Subbase'
Input Variables
Pavement Materials:
Surface coefficient,
a] := .42
Surface Thickness (inches),
Nj := 3
Base coefficient,
a2:= .14
Base Thickness (inches),
N2:= 8
Subbase coefficient,
"3 := .09
Subbase Thickness (inches),
N3:= 0
Structural Number, SN:= a[.Nj + a2.N2 + a)'N3
SN = 2.38
Reliability:
Design Reliability Level, % R:~ 75 Standard Normal Deviate, Z := qnonn[( 100 - R) 0 I]
r 100 "
Overall Design Standard Deviation, S '= 045 Z = -0 674
o. . r .
Performance:
Initial Serviceability Index,
Po := 4.2
Terminal Serviceability Index,
Pt:= 2.5
LIPS] := Po - Pt
LlPSI = 1.7
Subgrade Soils:
Subgrade Resilient Modulus (psi): Mr:= 6000
Output
Z,So+9.36.log(SN+ t )-.2.
J M'SI )
10, 4.2-1.5
1094
... (SN+I)'-'9
: 2.32'lo~ Mr)-8.07
W18:= lC-
5
W18=1.l42xlO
PRE.SUBMITTAl REC,'O
OCT 3 0 Z008
'AASHTO Guide for Design of Pavement Structures, 1993
Client: ESNA
Project: 205.07
K & A Engineering, Inc.
11/28/2007
IE
CASCADE
ESCRDW
08/07/2008
SPRINGFIELD DIALYSIS LLC
. C/O PERSONAL AND CONFIDENTIAL
1200 HILYARD ST, SUITE 470
EUGENE, OR 97401
SELLER: MICHAEL CHAFRAN
!l.UYER: SPRINGFIELD DIALYSIS LLC
ESCROW NO: EU08-0968
PROPERTY ADDRESS: 270 Q STREET
SPRINGFIELD, OR 97477
In regards to the above mentioned transaction, we enclose herewith the following:
!tOwner's Title Insurance Policy
[,r6rigi~al recorded Deed
[]
[]
[]
[ ] Original recorded Power of Attorney
You have been a valued customer and we appreciate the opportunity to be of service to you. If you have future title
and/or escrow needs, please give us a call.
:-.
PRE-SUBMITTAL REC'O
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MAIN OFFICE. 8] I- WILLAM,ETTE ST. . EUGENE, OREGON 9740'] . PH: (54]) 687-2233
FLORENCE . ]90] HIGHWAY 101 . FLORENCE, OREGON 97439. PH: (541) 997-8417
EUGENE FAX: 485-0307 . E_MAIL: info@cascadetitle,com . 'FLORENCE FAX: 997-8246
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KEEP THIS POLICY IN A SAFE PLACE .
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For faster service onfuiure sales or loans on your property'"
present ihisSlip to your broker or ioan company showing:
....
CASCApE TiTLE CO.
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Policy No 0258441
~
We appreciate your business and will continue giving. you
the best service.possible, .
CASCADE TITLE CO,
811 Willamelte Street
..Eugene, Oregon 97401
Phone (541) 687-2233
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ST-101:Rev.5/01
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POLICY NO.:
Chicago Title.Insurance Company Of Oregon
0R2026-4 7 -0258441-2008, 73306-7 59204 38
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Ckicago Title Insurance Company of Oregon
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Compo!!y at the
address showll in Section 18 a/the Conditions: - . ,
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS,
CHICAGO TiTLE INSURANCE COMPANY OF OREGON, a Oregon corporation (the "Company") insures, as of Date of Policy and, to the extent slated in
Covered Risks9 and 10, :afler Date a/Policy, against loss or damage, not exceeding the Amount afinsurance, sustained or incurred by the Insu.red by reason of
1. Title,being vested other thon as staled in Schedule A. .
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to' insurance against lossjrom'
(a) A defect in the Title caused by .
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure oj any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executetj, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those ads necessary to create a document by electronic means. authorized by law;
(v) a document e~ecuted under afalsifted, expired, or otherwise invalid power of attorney;
(vi) Ii documen(not properly filed, recorded, or indexed in the Public Records includingfailure to perfoim those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title 'by a governmental authority due or payable, butunpaid.
(c) Any encroachment, encumbrance, violcaion, variation, or adverse circumstance affecting the Title that would be disClosed byan accurate and complete land survey 0/
the Land The term "encrocuhment" includes encroachments 0/ existing improvements located on the Land onto adjoining land, and encroachments onto the Land of
existing improvements located on adjo~ning land - .
3. Unmarketable Title.
4. No right a/access to and/rom the Land. .
5, The violation or enforcement of any law, ordinance, permit, or governmental regulation (including thosereltiting. to building and zoning) restricting, regulating,
. prohibiting, or relating to -
(a) the occupancy, Use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land,'
(c) the subdivision o/'and; or
(d) environmental proteciion
if a notice, describing any 'part of the Land, isrecorded in the Public Records settingforth the violation or intention to enforce, but only to the extent of the violation or
enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the
Land, is recorded in the Public Records. but only to the extent of the enforcement referred to in that notice.
7.' The exercise of the rights of eminent domain if a notice of the exercise, describing any part o/the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred qnd is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated Schedule A or bfdng "-efective
(a) as a result of the avoidance in whole or in part. or from a court order providing an alternative remedy, oj a transfer oj all or any part of the title (0 or any interest in
the Land occurring prior to the transaction vesting Title as s~own in Schedule A because that p"rior transfer constituted afraudulent or preferential transfer under
federal bankruptcy, state, insolvency, or similar creditors', rights laws; or
(b) because the instrument a/transfer vesting Title as shown in Schedule A constitutes a preferential tranSfer under Jederalbankruptcy, state insolvency, or similar
creditors' rights laws by reason of the failure of its recording in the Public Records
(I) to be timely, or -
(ii) to impart notice of its existence to a purchase.rfo~ value 0': to ajudgment or lien creditor. . _
10. Any defect in or lien or encumbrance on the Title or oiher maller included in Covered Risks J through 9 that h~ been created or attached or has be.en filed or recorded in
the Public Records subsequent to Date of PolicY andprior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as'shown in
Schedule A.
".,.
The CompC!nyw'ilialso pay the costs, attorneys 'fees, and expenses incurred in defense of any matter insured against by this Policy, bu't only to the extentpr~vided
in the Conditions. . .
IN WITNESS WHER~HICAGO T7ILE 1M RANCE COMPANY OF OREGON has caused th,s pohcy to be SIgned and sealed by its duly authomed
officers /
CHICAGO TITLE INSURANCE COMPANY OF OREGON
CountersIgned.
Aulhorized Signalory PRE.SUBMirrAL REC'D
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Prnklenl
0R2026 0258441
Cascade Title Company,
811 Willamette Street
Eugene, OR 97401-3189
Tel:(541) 687-2233
Fax:(541) 485-0307
73306(6/06)
&-crolary
ALTA qwner's Policy (611 7106)
TRANS SI
TYPE , IND
INF,
IND
CODE
CODE
CODE
CODE
CODE
CODE
REISSUE AMOUNT
ORDER NO.
0258441
POLICY NUMBER
73306-75920438
DATE OF POLICY
MAY 30,,2008 AT 1:48 P.M.
AMOUNT
$220.000.00
PREMIUM
$750.00
unJ.'4CAS POLICY
111111111111 ~111111~III)lm 1111111111m.
SCHEDULE A
Order No,: 0258441
Policy, No,: 73306-75920438
Amount of Insurance: $220,000.00
Premium: $750,00
Date of Policy: MAY 30. 2008 AT 1:48 P.M.
1. Name of Insured:
SPRINGFIELD DIALYSIS 'LLC
AN OREGON LIMITED LIABILITY COMPANY
2. The estate or'interest in the land described or referred to in Schedule C and which
is covered by this,policy is:
FEE SIMPLE
3. Title to the estate or interest in the lanq referred to herein is at Date vested
in:
'SPRINGFIELD DIALYSIS LLC
AN OREGON LIMITED LIABILITY COMPANY
i
4. The land referred to in thi's Policy is described on the attached Schedule lieu and
made a part hereof.
PRE.SUBMITTAL REeD
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Page No.2
Order No. 0258441
Policy No, 73306-75920438
SCHEDULE B
This policy does not insure.against loss or damage (and the Company will not pay costs I
attorneyrs fees or expenses) which arise by reason of the following:
'I. Taxes or assessments which 'are not shown as exi~ting liens by the records of any
taxing authority that levies taxes or assessments on real property or by the Public
Records; proceedings by a public agency which may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency
or by the Public Records.
2. Facts,: rights, interests or claims which are not shown by the Public Records but
which :could be ascertained by an inspection of. the Land or by making inquiry' of
persons in possession thereof.
3. Easements, or claims of easement, not shown by the Public Records; reservations or
exceptions in patents or in Acts' authorizing the issuance thereof; water rights,
claims or title to water.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey
of the Land.
5. Any lien, or r:j..ght 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,
6. Power Transmission lin~ easement and rigpt of way, including the terms and
provisions thereof, as granted to the City of Eugene, by and through the Eugene
Water Board. recorded December 30. 1924, in Book 141, Page 521, Lane County Oregon
Deed Records, and assigned to Pacific. Power & Light Company, by instrument recorded
May 7, 1965. Reception No. 2458. Lane County Oregon Deed Records.
7. Easement, includlng the terms and provision~ thereof, gran~ed Pacific National Bell
TelepJ;1one Company,. recorded June 6, 1988, Reception No. 8822.249', Lane County
Official Records,
8. Deed o~ Trust (Line of Credit), including the terms and provisions thereof,
executed ~y Springfield Dialysi~ LLC, an Oregon limited liability company, to .
Cascade Title Co., Trustee, for the benefi~ of HomeStreet Bank, a Washington state
chartered savings bank, Beneficiary, dated May 29. 2008. recorded May 30, 2008,
Reception No. 2008-030384, Lane County 9fficial Records, to seCUre payment of.a
note for $647.000.00, (Includes additional property) .
END OF SCHEDULE B
i
,
PRE.SUBMITTAL REC~D
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Page No.3
Order No, 0258441
Policy No, 73306-75920438
SCHEDULE lie"
The land referred to in the Policy is described as ~ollows:
Beginning at the intersection of the East line of' Second Street at the North "line of
the Mohawk County Road. said point being 1554.82 feet West and 30 feet North of the
Southeast corner of the, Jacob Halstead Donation Land Claim.No. 47, in Township 17
South, Range 3 West of the Willamette Meridian; running thence East 85 feet to the
tru~ point of beginning of the tract described herein; running thence North 130.
feet; . thence East 75 feet; th~nce South 130 feet to the North line of Mohawk Road;
thence West 75 feet to the true point of beg~nning, in Lane County, Oregon.
PRE.SUBMITTAL REC'O
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company wi!! not pay loss Of damage, costs, attorneys' fees, or expenses that aris~ by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land; ,
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision orland; or .
(iv) environmental protection;
or the effect afany violation of these laws, ordillances, Of g~vemmentai regulations. This Exclusion l(a) does not-modify or limit the coverage provided under Covered Risk
5. .
(b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage pro~ideq under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or \i~t the coverage provided under Covered Risk 7 or 8.
3. Defects; liens, encumbrances, adverse claims, or .other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claini~t; .
(b) not Known to the Cotjlpany, not recorded in the Public Rec~rds at Date ofPoJicy, but Known to the Insured Claimant and not.disclosed iil writing to the Company by the
Insured Claimant prior to the date the Insured Claimant became an Insured under this,policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, thisdoes not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency; or similar creditors' nghts laws; that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) . a preferential transferfor any reason not stated in Covered Risk 9 of this policy.. .. .
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or
other instrument of transfer in the Public Records that vests Title as shoym in Schedule A. .
CONDITIONS
I. DEFINITION OF TERMS
The following tenns when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased.
or decreased by endorsement to this policy, increased by Section 8(b), or decreased by
Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as 'Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other
similar legal entity. .
(d) "Insured":,The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors CO the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, .survivors, personal
representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by. its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual
valuable consideration conveying the Title
(I) if the stock, shares, memberships, or other equitY interests of the
grantee are wholly~owned by the named Insured,
(2) if the grantee wholly owns the nwed Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named
Insured, provided the affiliated Entity and the named Insured are b9th wholly-owned by
the .same person or Entity, or. - .
-(4) if the grantee is a trustee'or beneficiary of a trust created by a
written insn:ument established by theInsurcd named in Schedule A for estate planning
purposes.
(ii) W-ith regard to (A), (8), (C), and (D) reserving;'however, all rights and
defenses as to any successor that the Company would have had against any predecessor
Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or. "Known": Actual knowledge, not constructive knowledge or
notice that may be imputed lOan Insured by reason of the Public Records or any other
records that impart.constructive no~ice of matters affecting the Title. -
(g) "Land": The land described in Schedule A, and affixed improvements that by
law constitute real property. The term "Larid" does not include any property beyond the
lines of the area described in Schedule A, nor any right, title, interest, estate, or easement
in abutting streets, roads, avenues, alleys, lanes, ways; or waterways, but this does not
modify or limit the extent that'a right of access to and from the Land is insured by this
policy.
(h) "Mortgage": Mortgage, deed .of trust, trust deed,or other security instrument,
including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy for
the purpose or'imparting constructive notice of ~atters relating to real property to
purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed in the records'ofthe clerk
ofth'e United States Distric~ Court for the, district where the Limd is located.
U) "Title":'The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would
permit a prospective purchaser or lessee of the Title or lender on thc Title to be released_
73306(6/06) .
from the obligation to purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINlJATlON OF INSURANCE
The 'coverage ofWs policy shall continu.e in force as of Date of Policy in favor of an
Insured, but only so long as the Insured rel1lins an estate or interest in the Land, or holds
an obligation secured by a,purchase money Mortgage given by a purchaser from the
Insured, or only so long as the Insured shall have liability by. reason of warranties in any
transfer or conveyance of the Title. This policy shaH .not continue in force in favor of any
purchaser from the' Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money. Mortgage given to the Insured.
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
. The Insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an
Insured hereunder of any claim of title or interest that is adverse to the Title, as insured,
and tha~ might cause'loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,
the Company's liability to the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4, PROOF OF LOSS
In the event the Company is unable to detennine the amount of loss or damage, the
Company may, at its option, require as a condition of payment that the Insured Claimant
furnish a signed proof of loss. The proof of loss niust describe the defect, Ilen,
encumbrance, or other matter insured against by this policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount
. oBhe loss or damage. .
5, DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by' the Ins\lfed, and subject to the options contained in
Section 7'ofthese Conditions, the Company, at its own cost and'without unreasonable
delay, shaH provide for the defense of an Insured in litigation in which any third party
.assertsa claim covered by this policy adverse to the Insured; This obligation is limited to
(}nly those stated causes of action alleging. matters inSured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, .costs; or expenses incurred by ~e Insured in the defense
of those cau~es of action that allege matters not insured against by this policy.
(b) The "Company shall have the right, in addition to the options contained in Section
7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding
or to dCi any'o.th~r act that in its opinion may be necessary or desirable to establish the
Title, as insured) or to prevent or reduce loss or damage to the Insured. The Company
may take any appropriate action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an admission ofliability or
w-aiver of any provision of this policy. If the .Company exercises its rights under this
'subsec~ion, it must do so dili~ently" nnt .~IIDI\"ITT^J'I' ,^'"
.(c) Whenever the Company .bnngr~p]tt!ll\S>DW~J"f~ t~~red or
permitted by this policy, the Company may pursue the litigatloQ to~ fil)l! detennination
b~ a C?urt ofcompeterit jurisdiction,.and it expI~~Y_ r~e.r-:.~s~-~e.~~t.,..i.n its sole
dIs.creHon, to appeal from any'a.dverse Judgment-or-order. . GJ:~""l:O;DD
. AL T~ O\viier's. Policy (6117/06)
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6, DUTY OF INSURED CLAIMANT TO COOPERATE
(a) 10 all cases where this policy pennits or requires the Company to prosecute or
provide for the defense of any action or proceeding and any appeals, the Insured. shaH
secure to the Company the right to so prosecute or provide defense in the action or
, proceeding, including the right to use, at its option, the name of the Insured for this'
purpose. Whenever requested by the Company, the Insured, at the Company's expense,
shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, 'or effecting settlement, and (ij) in any
other lawful act that in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If ~he Compariy is prejudiced by the
failure of the Insured to furnish the required cooperation, the Company's obligations to
the Insured under tlie policy shall terininate, including any . liability' or obligation to
defend, prosecute, or continue any litigation, with regard to the matter or matters
requiring such cooperation. '"
(b) The Company may reasonably require the Insured ClaiIhaI1t, to submit to
examiitation under oath by any authorized representative of the Company and to produce
for examination, inspection, and copying, at such reasonable times and places as may be
designated by the authoriZed representative cif the Company, all records, in whatever
medium maintained, including books, 'ledgers, checks, memoranda, correspondence,
reP9rts, e~mails, disks, tapes~ ~nd videos whether bearing a date befor~ or after Date of
Policy, that reasonably pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the, Insured Claimant shall grant its
permission, in writing, for any authorized' representative of the Company to examine,
inspect, and copy all of these records in the custody or control of a third party that
reasonably pertain to the loss or damage. All infonnation designated as confidential by
the Insured Claimant providedto,the Company pursuant to this Section shall not be
disclosed to others unless; in the reasonable judgment of the Company, it is necessary in
the administration of the cl<iim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested infonnation, or grant permission to secure
reasonably necessary infonnation from third parties as required in this subsection, unless
prohibited by law or governmental regulation, shall 'terminate any liability of the
Company under this policy as to that claim.
7, OPTIONS TO PAY OR OTHERWISE SETILE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Pay or Tender Payment of the Amount of Insurance. .
To payor tender payment of the Amount ofInsurance under this policy together with
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were'
authorized by the Company up to the time 'of payment or. tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make the payment required in this
subsection, shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Payor Otherwise Settle With Parties Other Than the Insured or With the
Insured Claimant.
(i) To payor otherwise senle with other parties for ~r in the name of an Insured
Claimant any claim insured against under this policy. In addition, the ComPanY will pay
any costs, attorneys' fees" and expenses incurred by the Insured Claimant that were
authorized by tlie Company up to the time of payment and that the Company is obligated
to pay; or
(ii) To payor otherwise settle with the Insured Claimant the loss or damage
provided for U1ider this policy, together with any costS, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay.
UpOIl the ~xercise by the Company of either of the options provided for iit
subsections (b)(i) or (ii), the Company's obligalions to the Insured under this policy for
the claimed loss or damage, other than the payments required to be made, shah terminate,
-including any liability or obligation to defend, p~osecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or 'damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by reason
of matters insured against by this policy. .
(a) The extent ofliability oftne Company for loss or damage linderthis policy shall .
not exceed the lesser of . - .
(i) the Amount of Insurance; or
(it) the difference between the value of the Title as insured and the value of the
Title subject to the risk insured against by this policy.
(b) If the Company pursues' its rights under Section 5 of these Coitditions and is
unsuccessful in establishing the Title, as insured;
(i) the Amount ofInsurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured Claimant or.as of the
date it is settled and paid. .
73306(6/06)
(c) In addition to the extent bfliability under (a) and (b), the Company will also pay
those costs, attorneys' fees, and expenses inctirred in accordance with Sections 5 and 7 of
these Conditions.
9, LIMITATION OF LIABILITY
(a) Ifthe Company establishes the Tit]e, oT removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access toor from the Land, or cures the claim
ofUrunarketable Title, all as insured, in a reasonably diligent manner by any method,
including litigation and the completion of any appeals, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or damage
caused to the Insured. .
(b) In the event of any litigation, including litigation.by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until there
has been a final detennination by a court of competent jurisdiction, and disposition of all
appeals, adverse to the Title, as insured.
(c) The Company shan not be liable for loss or damage to the Insured for liability
voluntarily. assumed by the Insured in settling any claim or suit without the prior written
consent of the Co,!!pany.
10. REDUCfION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and
expenses, shall reduce the Amount of Insurance by the amount of the payment
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under
any policy insuring a Mortgage to which exception is taken in Schedule B or to which the
Insured has agreed, assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the amount so'paid shall be
deemed a payment to the Insured under this policy.
12, PAYMENT OF LOSS
When liability and the extent- of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13, RIGHTS OF RECOVERY UPON PAYMENT OR SETILEMENT
(a) Whenever the Company shall have settled and paid a claimunderthis policy, it
shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all
other rights and remedies in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs, attorneys' fees, and
expenses paid by the Company. Ifrequested by the Company, the Insured Claimant shall
execute' documents to evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shaH permit the Company to sue, compromise, or settle in the name
of the Insured Claimant and to use the name of the Insured Claimant in any transaction or
litigation involving these rights and remedies. .
If a payment on account of a claim does not funy cover the loss of the Insured
Claimant, the Company shall defer the exercise of its right to recover until after the
Insured Claimant shall have recovered its loss.
(b) The Company's' right of subrogation includes the rights of the Insured to
ind~mnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms
or conditions contained in those instruments that address subrogation rights.
14, ARBITRATION
Eitherthe Company or the Insured may demand that the claim or controversy shall be
'submitted to arbitration pursuant to the Title Insurance Arbitration Rules ofthe American
Land Title Association ("Rules"). Except as provided in the Rules, there shall be no
joinder or consolidation with claims or controverSies of other persons. Arbitrable matters
may include, but are not limited to, any controversy or ~Iaim between the Company arid
the Insured,arising out of qr relating to this policy, any service in connection with its
issUaitce or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or
the Insured. All arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgmen't upon the aw!U'd rendered by the Arbitrator(s) maybe entered in any court of
competent jurisdiction.
15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACf
(a) This policy together with all endorsements, ifany, attached to it by the Company
is the entire poIicy:and contract between the Insured and the Company. In interpreting
any provision of this policy, this' policy shall be construed as a whole. ..
(b) Any claim of loss or damage that arises out of the status of the Title or by any
action asserting suc~ claim shall be restricted tothi~ policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an .uthorized person, or expressly incorporated by Schedule A of this
policy. !
(d) Each endorsement to this policy issued at any time is made apart of this policy
and is subject to all of its terms and provisions. Except as the endorsement expressly
states, it does not (i) modifY any of the terms and provisions of the policy, (ii) modify any
prior endorsement, (iii) extend ,the Date of Policy, or (iv) increase the Amount of
Insurance. "
16, SEVERAB'Lrf3RE-SUBMITTAL RECiD
_'" v~.\ ~~1;~b~~ ALTAOwner'sPolicy(6!t7/06)
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In the event ariy provision of this pol.icy, in whole or in partjisheld invalid or
unenforceable under applicable law, the policy shalloe deemed not to include that
provisian ar such part held to. be invalid, but all ather provisians shall remain in full farce
and effect.
17, CHOICE OF LAW; FORUM
(a) Chaice af Law: The Insured acknowledges the Company has underwritten the
risks cavered by this palicy and detennined the premium charged therefar in reliance
upon the law affecting interests in real property and .applicable to. the inte~retatian,
rights, remedies, ar enfarcement afpalicies aftitle insurance afthe jurisdictian where the
Land is lacated. .
Therefare, the caurt ar an arbitrator shall apply the law afthejurisdictian where the
Land is located to. detennirie the validity of claims against the Title that are adverse to. the
73306(6/06)
Insured and to. interpret and enfarce' the terms afthis palicy. In neither case shall the caurt
ararbitrator apply .its conflicts aflaw principles t9 determine the applicable law.
(b) Choice af-Farum: Any Iitigatian or ather proceeding brought by the Insured
against the_ Company must be filed anlyin a state or federal court within the United States
of America or its territories ~aving appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice af claim and any ather notice or statement in writing required to. be given
to.. the Campany under this palicy, must be given to. the Company at Chicago. Title
Insurance Campany Of Oregan, Attn: Claims Department, P. O. Bax 45023,
Jacksonville, Flarida 32232-5023.
,.
.
PRE.SUBMITTAL REC'O
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ALTAOwner's Policy (6117/06)
(i)
RETURN TO CASCADE TITLE CO.
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CASCADE
TITL.E
CD.
Division of Chief Depuly Clerk
Lane Counly Deeds and Records ~~~~.~J~J~J
~fWIIL~~llt~WW~Jl~IWW III III II III $26,00
RPR-DEED Cnl:l Sln-_l 05/3012008 01: 48: 14 PM
CASHIER 02 .
$5.00 $11,00 $10.00
TITLE NO. 0258441 fVl to
ESCROW NO. . EU08-0968
TAX ACCT. NO. 0218758
MAP/TAX LOT NO. 17032624#1500
WARRANTY DEED -- STATUTORY FORM
MICHAEL CHAFRAN, Grantor,
conveys and warrants to
SPRINGFIELD DIALYSIS LLC, an Oregon Limited Liability Company, Grantee,
. the following descriJjed real property free of encumbrances except as specifically set forth herein:
Beginnuig at the intersection of the East line of Second Street at the North line of the Mohawk County Road, said point
being 1554.82 feet West and 30 feet North.ofthe Southeast corner of the Jacob Halstead Donation Land Claim No. 47,
in Township 17 South, Range 3 West of the Willamette Meridian; running thence East 85 feet to the tru~ point of
beginning of the tract described herein; running thence North 130 feet; thence East 75 feet; thence South 130 feet to the
North line of Mohawk Road; thence West 75 feet to the true point of beginning, in Lane County, Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LA WFULL Y ESTABLISHED LOT OR
PARCEL, AS DEFINED IN ORS 92,010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,
TO DETERMINE ANY LIMITS ON LAWSUITS AGAiNST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS
30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY, UNDER ORS.
195.300, 195,301 AND 195,305 TO 195,336 AND SECTIONS 5 TOIl, CHAPTER 424, OREGON LAWS 2007,
Exteptthe following encumbrances;:
Cove~ants, Conditions, Restrictions and Easements of record.
. The true consideration for this conveyance is $220,000,00
Dated this 2q-t'-- day of . ~ '. 2M 8
j1.~
/
MICHAEL CHAFRAN"---'"
PRE.SUBMITTAL REC'O
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State of Oregon
County of 1...."'" e......
OFFICIAL SEAL
MELISSA BUTTERFIELD
NOTARY PUBLIC - OREGON
COMMISSiON NO. 396222
MY COMMISSION EXPIRES SEPTEMBER 16, 2009
.
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.,.. (NotaJjy I'pbhc tor Oregon)
My commissioJ\9pires . Cl .'In' (\q
.2008 by MICHAEL CHAFRAN,
This instrument was acknowledged before me on
MICHAEL CHAFRAN
1574 COBURG ROAD #161
EUGENE, OR 97401
GRANTOR'S NAME AI'-!D ADDRESS
Until a change is requested
. all tax statements shall be
sent to the following address:
. '''SAME AS GRANTEE""
SPRINGFIELD DIALYSIS LLC
C/O PERSONAL AND CONFIDENTIAL
1200 HILYARD ST, SUITE 470
EUGENE. OR 97401
GRANTEE'S NAME AND ADDRESS
After recording return to:
CASCADE TITLE CO,.
811 WILLAMETTE
EUGENE, OR 97401
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CASCADE
ESCROW
04/04/2008
SPRINGFIELD DIALYSIS LLC
1200 IDLY Aim STREET, STE 470
EUGENE, OR 97401
SELLER: THE DECLARATION OF TRUST KNOWN AS THE MIKE STAIHAR TRUST, DATED MARCH 13,
1995
!!.UYER: SPRINGFIELD DIALYSIS LLC
ESCROW NO: EU07-2374
PROPERTY ADDRESS: 304 Q STREET
SPRINGFIELD, OR
DEAR DR. PURVIS
. In regards to the above mentioned transaction, we enclose herewith the following:
VA Owner's Title Insurance Policy
IfDJriginai recorded Deed
[ ] Original recorded Power of Attorney
[]
[]
[]
You have been a yalued customer and we appreciate the opportunity 'to be of service to you, If you have future title
and/or escrow needs, please give us a call. .
ROW
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PRE.SUBMITTAL RECiO
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MAIN OFFICE * 811 WILLAMETTE ST, * EUGENE, OREGON 97401 * PH: (541) 687-2233 ,
FLORENCE * 1901 HIGHWAY 101 * FLORENCE, OREGON 97439 * PH: (541) 997-8417
EUGENE FAX: 485:0307 * E-MAIL: info@cascadetitle,com * FLORENCE FAX: 997-8246
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For faster service.on fuluresales or loans on your property.
'present this slipt9your broker or loan. company showing:
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We. appreciate' your business and wiilcontinuegiving. you
the best service possible: ' .: . ". '. .
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CASCADETITLE.qQ:
811'Willamette Street
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Eugene, Oregori 9746'1
'Phone '(541) 68722233
8T-101, Rev. 5/01
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POLlCY NO.:
,Chic'ago Titie Insura!f4~ Com p~~y Of Oregon
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0R2026-47-02561 07-2008.73306- 75464309
OWNER'S POLICY OF TITLE INSURANCE
Issued bX
Chicago Title Insurance Company of Oregon
Any noticeo! claim and any other notice or statementin writing required 10 be given the. Company under this Policy must be given to the Company at the
. address shown in Section 18 of the Conditions. . .
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCm,"f)ULE B, AND THE CONDITIONS,
. CHICAGO TITLE INSURANCE COMPANY OF OREGON, a Oregan corporation (the "Company") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 a~d 10, after Date a/Policy, against loss or damage, not exceeding "the Amount a/Insurance, sustained or incurred by the [ns'ured by reaSOn of
I. Title being vested other than as staled in Schedule A.
2. Any defect in or lien OT encumbrance O~l the Tifle.'This Covered Risk includes but is not limited to insurance against loss from
(a) A'defecrin the Title,calfsed by
(i) forgery,jraud, undueinjluence, duress, incompetency, incapacity, or impersonation;;
(il) failure of any person or Entity to have authorized a transferor conveyance; ,
(iii) a document affecting Title not properly cr.eated, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those ads ne,!essary to create a document by electronic means authorized by law':
(v) a doc~ment executed under afalsified, expired, or otherwise invalid po-o,yer of attorney;
(vi) a document not properly filed, recorded, or indexeq. in the Public Records itic.1udingfailure to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien olreal estate taxes or assessments imposed on the .Title by a governmentai authority due or payable, bui unpaid.
(c) Any encroachment, encumbrance, violation, variation: or adverse circumstance affecting the Title that would be disclosed by an accurate Gnd complete land survey of
the Land. The term "encroachment" includes encroachments of existing improvements located on the Land ontoacijoining land, and encroachments onto the Land of
existing improv~menls located on adjoining land.
3. Unmarketable Title.
4. No right of access to andfrom the Land.
5. The viola(ion or enforcement of any law, ordin~nce, permit, or governmental regulation (including those r~lating to building and zoning) re.stricling, regula!ing, T'
prohibiting, or relating to i:
(a) the occupancy. use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on lhe Land;
(c)' the subdivision of land; or
(d) environmental protection
ifa notice, describing any part bfthe Land, is recorded in the Public Records setJingforth lhe violation or intention to enforce, but only to the exlent of the violalion or
enforcement referred to in thai notice.
6. An enforcement action based on the exercise ofagovernmental police power not covered by Covered Risk 5 ifa notice oflhe enforcement action, describing any part oflhe
Land, is recorded in the Public Records, but o.nly to the extent of the enforcement rejerred to in that ~otice.
7. The exercise of the rights a/eminent domain ifa notice of the exercise, 'describing any partofthe Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights.of a purchaser for value wi/hout Knowledge.
9. Title being vested oth,er than as stated Schedule A or being defective .
(a) as a result of the avoidance in whole.or in part, or from a court order providing an alternative remedy, ofa transfer of all or any part of the title (0 or any interest in
the Land occurring prior to the transaction vesting Title as sho'wn in Schedule A because that prior iransferconstituted afraudulent or preferential transfer lindeI'
federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar
creditors' rights laws by reason oftheililure of its recording in the Pub/icRecords .
(i) 10 be timely, or - , .
(ii) to impart'notice ofi/s existence to apurchaserfor value or to ajudgment or lien creditor. . .
10. Aily defectin or lien or enclfmbrance on the Title or other matter included in Covered Risks] through 9 that has been created or auached or has beenfiled or'recorded in
the Public Records subsequent to Dale of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in
Schedule A.' .
The 'Company will also pay the costs, attorneys 'fees, and expenses incurred in d~ftnse of any matter insured against by this Policy, but only to theexte1it provided
in the Conditions. ~ .' ,
m ~= WH~~Cmc.<Go 7~a COM"N' 0' OmGON ,. ~.,' '"" ~"O ,,, M "~,' ""' "0",', ," '"'' "0''''''
officers / .
~ounte d CHtCAGO TITLE INSURANCE COMPANY OF OREGON
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0R2026 025:::;nzed Signatory PRE-SUBMITTAL REC'O /;.i;'~~:~~~\ 1', ~~Jl1j ~'P);~ L ""i'"
Cascade Title,Company "'....,. . i ?/~I'Hg~i!/;~.l
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811,Willamette Street. .1 vb \ ~;"" ,~.:., <' :'
Eugene,OR97401-3189 \"'0"';'''''''>-
T61:(541) 687-2233"-,,-,.-,-'"
Fax:(541) 485.0307
73306 (~/06)
ATIl:.ST:
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Set'rClar:.
ALTA Owner's Policy (61J7J06)
"
, "
TRANS
TYPE
SI
IND
INF,
IND
CODE
CODE
CODE
CODE
CODE
CODE
REISSUE AMOUNT
ORDER NO.
0256~07
POLICY NUMBER
73306-75464309
DATE OF POLICY
FEBRUARY 22. 2008. AT 3:48.PM
AMOUNT
$806,750.00
PREMIUM
$~,8~1.00
OWNERS POLICY
1111I111111I~1II111111~1I~lllllllllllllml
SCHEDULE A
Order No.: 0256107
Policy No.: 73306-75464309
Amount of insurance:
$806,750.00
Pr~mium;
$1.811.00
Date of Policy: . FEBRUARY 22. 2008. AT 3:48 PM
1. Name of Insured:
SPRINGFIELD DIALYSIS, LLC
AN OREGON LIMITED LIABILITY COMPANY
2. The estate or interest in the land described or referred to in Schedule C and which
is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land referred to herein is at Date vested.
in:
SPRINGFIELD DIALYSIS ".,LLC
AN. OREGON LIMITED LIABILITY COMPANY
4. The land referred to in thifJ Policy is described on the attached Schedule lIe" and
made a part hereof.
PRE.SUBMITTAL REC'O
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Page NO.2,
Order No. 0256107
Policy No, 73306-75464309
SCHEDULE B
This policy does not insure against loss or damage (and,the Company will not pay costs,
attorney's fees or expenses) w~ich arise 'by reason of the following:
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 p~blic agency which may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of 'such agency
or by the Public Records.
2.. 'Facts,,: rights, interests .or claims which are not shown by the Public Records but
which ~could be ascertained by an inspection of ,the Land or by making inquiry'of
persons in possession thereof.
3. Easements, or claims of easement, not shown by the Public Records; reservations or
exceptions in patents or in Acts authorizing the issuance thereof; water rights,
claims or title to water.
4. Any encroachment; en~umbrance, violation, variation, or adverse circumstance
affect-ing the Title that' would be disclosed by an accurate and complete land survey
of the 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. ..
6. Right of way, inclu~ing the terms and provisions thereof, granted the City of
,Eugene, a. municipal corporation, by ,and through the Eugene Water Board, recorded
August 2, 1926. .in Book 150, Page 149. Lane County Oregon Deed Records,
The' interest of the City of Eugene has been assigned to Pacific Power and
Light Company~ by Assignment recorded May 7, 1965, Reception No. 2458, Lane County
Oregon Deed Records.
7. Easement, including the terms and provisions thereof, granted to Pacific Northwest
Bell Telephone, Company, a Washington Corporati'on, its successors and: assigns, by
instrument recorded July 2,7, 1998. Reel No, 1526. Reception No. 8830182. Lane
County Official Records. '
8. Deed of Trust (Line, of Credit), including the terms and provisions thereof,
executed. by Springfield.Dialysis LLC. an Oregon limited liability company. to
Cascade 'Title Co" Trustee, for the benefit of HomeStreet Bank, a Washington state
:chartered savings bank, Beneficiary, dated February 20, 2008, 'recorded February 22,
~008, Reception_No. 2008-010055, Lane County Official Records, to secure payment of
a note for $427.0~0.00. .
END OF SCHEDULE B
PRE.SUBMllTAl REC'O
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Page NO.3
Order No, 0256107
Policy No, 73306-75464309
SCHEDULE "C"
The land referred to in the Policy is described as. follows:
Beginning at a point 1254,82 feet West and 30 feet North of the Southeast corner of
J, Halstead and Wife"Donation Land Claim No. 47. in Section 26, Township 17 South.
Range 3 West of the Willamette Meridian; and running thence West along the North
line of Mohawk Road (Q Street) 140 feet; thence North 312.50 feet thence East 140
feet; thence South 3l2.50 feet. to the .point of beginning, in Lane County, Oregon.
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PRE.SUBMITTAl RECIO
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EXCLUSIONS FROM COVERAGE.
The f~lIowing matters are expressly excluded from the coverage ofthis poli_cy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by rea'son of:
I: (a). Any law, ordinance, pe~it, or govemmentalregu!ation (including those relating to building and zoning) restr!cting, regulating, prohibiting, orrelating to
(i) the occupancy, us.e, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. Tryis Exclusion lea) does not modity or limit the coverage provided under Covered Risk
5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2, Rights of eminent domain. This Exclusion does not modify or liri,1it the' coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters: . ' . "
(a) creatcd', suffered"assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the PuJ;llic Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the
Insured Claimant prior to the date the Insured Claimant becam,e an Insured undcr this policy;
(c) resulting in no loss or damage to the Insured Claimant; ,
(d) attaching or created subsequent to Date of Policy (however, this. does not modify or limit the coverage provided under Covered-Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason ofth'eoperation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) . a fraudulent conveyance or fraudulent transfer; or '
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5, Any lien onthe Title for real estate. taxes or assessments imposed by governmental authority and created or.attaching between Date of Policy and the date of recording of the deed or
other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
1. DEFINITION OF TERMS
The following terms wh~n used in this policy mean:
(a) "Amount of Insurance";'The amount stated in Schedule A, as may be increased
or decreas"ed by endorsement to this policy, increased by Section 8(b), or decreased by
Sections 10 and II of these Conditions.
(b) "Date of Policy"; The date designated as 'Date of Policy" in Schedule A.
(c) "Entity"; A corporation, partnership, trust, 'limited liability company, or other
similarlegal'entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation Of law as
distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next ofkin;
(B) successors. to an Insured by dissolution, rrierger, consoI"idation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual
valuable consideration conveying the Title
(I) if the stock, shares, memberships, or other equity interests of the
grantee are wholly-owned by ~he named Insured,
(2) ifthe'grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named
Insured, provided the affiliated Entity and the named Ins'ured are both ~holly-ow"ned by
the same person or Entity, or
(4) if the grantee is a trustee or beneficiary ofa trust created by a
written instrument established by the Insured'named in Schedul~ A for estate planning
purposes.
(ii) With regard to (A),-(B), (C), and (D) reserving, however, all rights and
defenses as to any successor that the Comp~ny would have had against any predecessor'
Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or
notice that may be imputed to an Insured by reason of the Public Records or any other
records that impart constructive notice of matters affecting the Title. ,
(g) "Land": The land described in Schedule A, and affixed improvements that by
la.w constitute real property. The tenn "L,and" doe~ not include any property beyond the
lines ?fthe area described in Schedule A, nor any right, tjtle, interest, estate, or easement
in abutting streets, roads, avenues, alleys, lanes, ways, or waterWays, but this does not
modify or limit the extent that a right of access to and'fromthe Landis insured by,this
policy. "
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument,
including one evidenced by electronic means authorized by law. .
(i) "Public Records"; Records established under state statutes at Date of Policy for
lhe purpose of imparting con~truc.tive notice of matters relating to real property to.
Jurchasers for value and without Knowledge. With respect to Covered Risk5(d), "Public
Records" shall also include environmental protection liens filed in the records of the clerk
)fthe United States District Court for the district where the Land is located.
U) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable T-itle": Title affected by an alleged or apparent matter that would
lermit a prospective purchaser or lessee of the Title or lenderon,the Title to be released
13306(6/06)' ,
CONDITIONS
from the obligation to purchase, lease, or lend ifthere is a contractual condition requiring
the delivery of marketable titte.
2. CONTINUA TlON OF INSURANCE
The coverage of this policy shal! continue in force as of Date of Policy in favor of an
Insu~ed, but only so long as the Insured retains an estate or interest in the Land, or holds
an obligation secured by a purchase money Mortgage given by a purchaser from the
Insured, or only so long as the Insured shall have liability by reason ofy.rarranties in imy
transfer or conveyance of the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given tothe Insured.
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth-in Section 5(a) o{these Conditions;(ii) in case Knowledge shall tome to an
Insured hereunder of any claim oftitle or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant 10 provide prompt notice,
the Company's liability to the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to detennine the amount ofloss or damage, lhe
Company may, at its option, require as a condition ofpaymcnt th~t the Insured Claimant
furnish asiglled proof of loss. The proof of loss' must describe the defect, lien,
encumbrance, or other matter insured against by this policy that constitutes the basis of '
loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by th~ Insured, and subject to the options contained in
Section 7 ofth~se Conditions, the Company, at its own cost and without unreasonable
. delay, shall provide for the defense of an Insured in litigation in which any third party
asserts a claim covered by, this policy adverse to the Insured. This obligation is limited to
only those stated .causes of action alleging matters insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liI!-blc for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by the Insured in the defense
of those causes of a~tion that allege matters not insured against by this policy. .
(b) The Compa'ry shall have the right, in addition to the options contained in Section
7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding
or to do any other att that in its opinion may be necessary or desirable to establish the
Titl.e: as insured, odo preve~t or reduce loss or damaito the Insured. The com~ny
may take any appropriate action under the termMltis I ~Jl~mALr nc~ e
liable to the Insured. The exercise of these righrs~,>>" PMdAMrs\btVit~li or
. waiver or any provision of this policy. If the Compan,..~ertises ifs iig,hts'under this
subsection, it must do so dilig_ently, . . =-=i r;i",;~~~ "
(c) Whenever the Company bnngs an action or asserts \a ae~se"i1S'r~quired or
pemlitted by this policy, the Company may pursue the litigation to a final determination
by a court of competent jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal from any a9verse ~udgmef!t or or_d~(.. ____ _..
ALTA Owner's Policy (6/17/06)
6, DUTY OF INSURED CLAIMANT TO COOPERA 1"';,;,>,
(a) In all cases where this policy permits or requires the company to prosecute or
pr"ovide for the defense of any action or proceeding aodany appeals, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action. or
'proceeding, including the right to use, at its option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the Compa.ny's ex.pense,
shall give the Company all reasoriable aid (i) in securing evidence, obtaining witnesses,
pros.ecuting or defending the action or proceeding, or effecting settlement, and (ii) in any.
other lawful act that in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as' insured, If the Company is prejudiced by the
failure of the Insured to furnish the required cooperation:the Company's obligations to
the Insured under the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to the matter or matters
requiring ~uch cooperation.
(b) The Comp.any may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company and to produce'
for examinalion, insp~ction, and copying, at such reasonable times arid places a~ may be
designated by the authorized representativ~ of the Company, all records, in whatever
medium maintained, including ,.books, ledgers, checks, memoranda, correspondence,
reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of
Policy, that reasonably pertain, to the loss or damage. Further, if requested by any
authorized representative of the Company, the Insured Claimant' shall' grant its
permission, in writing, for ~ny authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control of a third party that
reasonably pertain'to the loss or damage. All information designated as. confidential by
the Insured Claimant provided to, the Company pursuant to this Section shall not be
disclosed to others unless; in the reasonable judgment ofthe Company, it is necessary in
the administration of the claim. Failure ofthelnsured Claimant to submit for examination
under oath, produce any reasonably" requested information, or giant permission'to ~ecure
reasonably necessary information from third parties as requir~d in this subsection, unless
prohibited by law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7, OPTIONS TO PAYOR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case ofa claim under lhis policy, the Company shall have the following additional
options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment ofthe Amount oflnsurance under this policy,togetherwith
any costs, attorneys' fees, ani:! expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or tender of payment and that the
Company is obligated t,o pay. '
Upon the exercise by the Company of this option, all liability and obligations ofthe
Company to the Insured under,this policy, other than to make t_he payment required in this
subsection, shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Payor Otherwise Settle With Parties Other Than the Insured or With the
Insured Claimant. . ,
(i) To payor otherwise settle with other parties for or in the name of an Insured
Claimant any claim insured against under this policy. In addition, the Company will pay
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were
authorized hy the Company up to the time of payment and that the Company is obligated
to pay; or
(ii) To payor otherwise settle with the Insured Claimant the loss or damage
provided for under.th.is policy, together with any costs, attorneys' fees, and expenses
incurred, by the. Insured Claimant that were authorized by the Company up to the time of
payment and that the Company: is obligated to pay. .
Upon the exercise by .the 'Company of either of the options provided' for.in
subsec,tions (b)(i) or (ii), the Company's obligations tq the Insured under this policy for
the claimed loss or damage, other than t~e paymentS required to be made, shall terminate,
including any liability or obligation t9 defend, prosecute, or continue any litigation,
8. DETERMINA nON AND EXTENT OF LIABILITY
.TIlis policy is a.contra~t of indemnity, against actual monetary loss or damage
sustained or incurred by thl? Insured Claimant who has suffered loss ordainage by reason
of matters insured against by this policy.
(a) The extent of liability of the Company for loss 'or damage under this policy shall
110t exceed the lesser of,
(i) the Amount of Insurance; or
(ii) the difference between the value ofthe Title as insured and the,value of the
Title subjec.t to the risk insured against by this policy.
(b) Ifthe Company pursues its rights' under Sr;;ction5 of these Conditions and is
unsuccessful in establishing thc Title, as insured, .
(i) the Amo,unt of Insurance shall be increased by 10%,.and
(ii) the Insured Claimant shall have the right t9 have the loss or damage.
determined either as oCthe date the claim was made by the Insured Claimant or as ofthe
date it is settled and paid.
73306 (6/06)
(c) In addition to the ext 'liability under (a) and (b): the Company will also pay
those costs, attorneys' fees, an.... ~.<penses incurred in accordance with Sections 5 and 7 of
these Conditions.
9. LIMIT A nON OF LIABILITY
(a) If the Company establishes the"Title, or removes the alleged defect, lien or
encumbrance, or cures the lack ofa right of access to or from the Land, or cures the claim
of Unmarketable Title, all as insured, in a reasonably diligent manner by any method,
including litigation and the.completion.of any appeals, it shall have fully perfom1ed its
obligations with respect to that matter and shall not be liablt: for any loss or damage
caused to the Insured.
(b) In the event of any' litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage 'untilthere
has been a final determination by a court of competent jurisdiction, and disposition of all
appeals"adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability
voluntarily assumed by the lrisureq in settling imy claim or suit without the prior written
consent of the Company.
10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments mad,e for costs, attorneys' fees, and
expenses, shall reduce the Amount oflnsurance by the amount of the payment.
II. LIABILITY NONCUMULATIVE
The Amount oflnsurance shall be reduced by any amount the Company pays under
any policy insuring a Mortgage to which exception is taken in Schedule B orto which the
Insured has agreed, assumed, or taken subjec.t, or which is executed by an Insured after'
Date of Policy and which is a charge or lien on the Title, and the amount so- paid shall be
deemed a payment to the Insured under this policy.
12, PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, (he payment shall be made within 30 days.
13, RIGHTS Of RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it
shall be subrogated and entitled lothe rights of the Insured Claimant in the Title a~nd all
other rights and remedies in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs, attorneys' fees, and
expenses paid by the Company. Ifrequested by the Company, thc Insured Claimant shall
execute documents to evidence the transfer to the Company ofthese rights and remedies,
The Insured Claimant shall permit the Company to sue, cOli1promise, or settle in the name
of the Insured Claimant and to use the name ofthe Insured Claimant in any transaction or
litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured
Claimant, the Company shall defer the exercise of its right to recover until after the
Insured Claimant shall have recovered its.loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, gua~anties, other policies of insurance, or bonds, notwithstanding any terms
or conditions contained in those instruments that _address subrogation rights.
14, ARBITRATION
Either.the Company orthe Insured may demand that the claim or'controversy shall be
,submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American
La~d Title Association ("Rules"). Except ~s provided in the Rules, there shall be no
joinder or consolidation with claims or controversies of otherpe'rsons. Arbitrable matters
may include, but are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, any selVice in connection with its
issl!anceor the breach ofa policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the optio~ of either thc Company or
the In_sured, All arbitrable -matters when the Arno.uilt of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both thc Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment,upon the award rendered by the Arbitrator(s) may be entered in any court of
, competent jurisdiction. _
15. LIABILITY LIMITED TO TIIIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company
is the entire policy and contract between the Insured and the Company. In interpreting
any ,provision' of this policy, this policy shall be construed as a whole.
(b) Any' clairh of loss or damage that arises out of the'status of the Title oj-'by any
action ass7rting Sllch claim shall be restricted to this policy.
. (c) Any amendment of or endorseme81'Jtt~llqrJii1l1m\ peMLr'jtiR and
authenticated by ari authorized person, orexJi-fif1r@~fPW4(4lI~cIiUliilEtptgfthis
policy.. . Wy,' 11-'1-.;.of{
(d). Each endorsement to this policy issued at any'tjme.is,m~9~ .~.:p~r:!l1fthis policy
and is, subject to all of its terms and provisions. Except as the endorsement expressly
states, it does not_(I) fl?odify any of the terms and provisions of the p~licy, (ii) modify any
prior endorsement, (iii) extend the -Date of Policy, or (iv) increase the Amount of
Insurance,
16, , SEVERABILITY - ---. --
AL TA Owner's Policy (6fl7/06)
In the eve;t a~y'provisi~n: of this policy, "in whole I lart, is held invalid or
unenforceable under applicable law, the policy shall be l<~~,~ed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has. underwritten the
risks covered by this policy and determined the premium charged therefor in reliance
upon the law affecting interests in re~l property and applicable to the interpretation,
rights, remed!es,or enforcement of policies of title insurance of the jurisdiction where the
Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the
. Land is loc.ated to determine the validity of claims against the Title that ~e adverse to the
73306(6/06)
, "
Insured and to interpret an(":f~.;\:rce the tenn:iof'this' policy. I~ neithe; case shall the court
or arbitrator apply its cOllf11'6C"bf law'principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
against the Company must be filed only in a state orfederaJ court within the United States
of America or its territories having appropriate jurisdiction.
18, NOTICES, WHERE SENT . .
Any "notice of claim and any other notice or statement in writing required to be given
to the Company urider this policy mll:st be given to the Compa~y at Chicago Title
Insurance Company Of Oregon, Attn: Claims Department, P. O. Box 45023,
Jacksonville, Florida 32232-5023.
PRE.SUBMITTAL RECIO
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ALTA Owner's Polley (6117/06)
0)
~ETURNoTO CASCADE TITLE CO.
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Division of Chief liepdJ<~' Clerk '"
Lane County Deeds and Records 2~~~.~1~~52
~J]Jm~~m~WWWl~mlmll""" III. $26,00
RPR-DEED Cnt=1 St"n"_-S' 02/22/200803:48:31 PM
CASHI.ER 07
$5.00 $11.00 $10.00
--
CASCADE
TITLE
.CD.
TITLE NO. 0256107 /'JfIf3
ESCROW NO. . EU07-2374
TAX ACCT. NO. 0218774
MAPITAXLOTNO. 17032624#1600
WARRANTY DEED -- STATUTORY FORM
. . .
NICK J. ST AIHAR, SUCCESSOR CO:TRUSTEE OF THE DECLARATION OF TRUST 'KNOWN AS THE
MIKE STAIHAR TRUST, DATED MARCH 13, 1995, Grantor, , .
conveys and warrants to .
SPRINGI1IELD DIALYSIS LLC, an Oregon Limited Liability Company, Grantee
r(lM!'1JNII>1 tf#t#,
the following described real property free of encumbrances except as specifically set forth herein:
Beginning at a point 1254.82 feet West and 30 feet North of the Southeast
corner of J. Halstead and Wife DLC 47 in Section 26.. Township 17 South, Range 3
West of- the ~illamette Meridian, and running thence West along the North line of
Mohawk Road (Q street) 140 feet; thence North 312.50 feet thence East 140 feet;
thence South 312.50 feet to the point of beginningj' in. Lane County, Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197,352, THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE' LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR .
AC'CEPTING THIS INSTRUMENT, THE'PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LA WSU'ITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30,930 AND to INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORSI97,352,
Except the follo,w~ng encumbrances:
,PRE.SUBMITTAl RECIO
~_..' - ~-:'d)
:.=:[ r ~.JL QD
. The true consideration for this conveyance is $806,750.00
. Dated this \ () . day of ~(d- . 'm
THE DEcLARATioN OF TRUST OWN AS THE MIKE ST AIHAR TRUST, DATED MARCH 13, 1995
BY?W...! Jt
. NICK J. STA\H6i, SUCCESSOR CO-TRUSTEE
State of Oregon
County of LANE
ThIS instrument ~as acknowledged before me on \...0- ~~ . . ,2007 b; NICK J. S~A'IHAR,
SCUESSOR CO-TRUSTEE OF THE DECLARATION OF~'tKNl)WN AS THE MIKE STAIHAR TRUST,
DATED MARCH 13, 1995. . ~'l aGo
\ . ~I I
-, OFFICIAL SEAL .) .' )
<0' 1ll'lVOlK, \ .
^ . \ NOTARY PUBLIC _OREGON . _.-
'.....' MMISSION NO. 4126B7 (Notary Public D Ore 0
,_ .~;.."'"' ,_, "" M, oomm'"'o"",<= ~. ~~ I
THE DECLARA nON OF TRUST KNOWN
AS THE MIKE STAIHAR TRUST, DATED
MARCH 13, 1995
. 1ll0VIRGINIA AVENUE
MOSCOW,1D 83843
GRANTOR'S NAME AND ADDRESS
Until a change is requested
all tax statements shall be
sent to the following address:
***SAME AS GRANTEE***
MA T PRUVIS
1200 HILYARD STREET, STE 470
. EUGENE, OR 97401
GRANTEE'S NAME AND.ADDRESS
After r,cording return to:
CASCADE TITLE CO.
8!1 WILLAMETTE .
EUGENE, OR 97401
WRD'
@
RETURN TO CASCADE TITLE cr.'
,
1
Division of Chief [)f"'ft.y Clerk
LaneCounly Deeds' and Records
~~~~.~I~~oJ
--
CASCADE
TITLE
, ce.
1111111111111111111111111111111111111111111111111 $26,00
00977843200800100530010019 '
02/22/2008 03:48:31 PM
RPR-DEED Cnl=1 Sln=6' CASHIER 07 '
$5,00 $11,00 $10 :00
TITLE NQ. 0256107 ~
ESCROW NO: ~EU07-2374
TAX ACCT NO.' 02187'74
MAP/TAXLOTNO. 17032624 #1600., ,
WARRAN1YDEED -- STATUTORY FORM
JANET STAIHAR BARNES, SUCCESSOR CO-TRUSTEE OF THE DECLARATION OF TRUST KNOWN
AS THE MIKE STAIHAR TRUST, DATED MARCH 13, 1995, G:antor,
conveys and warrants to
. " SPRINGFIELD ,DIALYSIS LLC, an Oregon Limited Liability Company; Grantee,
MJ..t/rIrJ'/JfrJfJ/d UrM'"
the following d,scribed real property free of encumbrances except as specifically set forth herein:
Beginning at a point 1254.82 feet West and 30 feet North of the Southeast
, corner of J. Ilalstead and Wife'DLC 47 in Section 26. Township ,17 South. Range 3
West of the ~illamette Meridian, and running thence West along the North line of
Mohawk Road (Q Street) i40 feet; thence North 312.50 feet thence'East 140 feet;
thence South ~12..s0 feet, to the point' of begin~ing( in Lane County, Oregon.
- .. .
BEFO~E SHiNING OR -:\CCEPTlNG THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197,352. .THIS
INSTRUMENT DOES 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 dIECK WITH TIlE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
. VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30,930' AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS I97,35i,
Except the following encumbrances:
PRE.SUBMITTAL REC'D
"w~~'o, r" ~]~. .~:()(:',/
.~ _..:4"'.D
- .---......,.
The tr~e consideration for this conv~yance is .$806,750.00
Dated this 11c.tJr\ day of ~~ 200-+
THE DECLARATION OF TRUST KNOWN AS THE MIKE ST AIHAR TRUST. D'1TIJI MARC~:: " ,.'"
BY Washlngt"n, Dist'''llll( ;}i:f~'ri:' "
JANET ST AIHAR BARNES, SuccEssqfleG'D....'[lhlI~&ent 6 S bsef'i.'b"" ' d ,,' ,,;,,:;:i1i\,,)1'.~'i;~
nmlYU g- . ""..n .wom,be10I8",,'!i;"
, me th1sl~aYOf ,b-n l<Xr(z..d
State of ~~\-l ("\j1Qt (~st<?~ h'CV(G'B~.;.
~ ,)1.(\ 00 Q 2,;,1) Notary Public"
County of \ Lucelle O'Fla. erty - ) :
. commission expires . A '130""'" . '.: 0 ",.,' ; ,,' "
This Instrument was acknowledged before me 0 pn , "wi7 hy I ^ ,'lOT STAIHAR,,\::" ',o,,'o,.': ' , ..
BARNES, SUCCESSOR CO-TRUSTEE OF THE DECLARATION OF TRUST KNOWN AS THE MIKE ST)\.IHAR ' .
TRUST; DATED MARCH 13, 1995. . ""'i;';->'.
"';':";-'-'.
-." ". \;'-. ~):<'
-:,':":,'.:
".-.
(Notary Public for
,My commission expires
)
THE DECLARATION OF TRUST KNOWN
AS THE MIKE STAIHAR TRUST, DATED
MARCH 13, 1995 .
1110 VIRGINIA AVENUE
MOSCOW, lD 83843
, GRANTOR'S NAME AND ADDRESS
Until a change is requested
all tax statements shall be ,
sent to the following address:
"'SAME AS GRANTEE'"
MA T PRUVIS
1200 HILYARD STREET, STE 470
EUGENE, OR 97401
GRANTEE'S NAME AND ADDRESS
A fier recording return to:
CASCADE TITLE CO.
811 WILLAMETTE
, EUGENE, OR 97401
. WRD
..;....,,-._:,-..:..,.,.,,_0<.
,..,'", .'..'d~"'~';:;;';~_'_'-':' ;'.'" +:",-..,' .,'-...,' ~ .-'.
, . -. . -'.-" -'''''-;' ...~""~,._'", ,., -- '-.
@
RETURN TO CASCADE TITLE CO;
.=m
CASCADE
TITLE
, CD.
Division ofChiL Depuly C.lerk 200B.0100S~
Lane Counly Deeds and Records
\1 U\\ III \'\ \\Inl \ \ \'" \ \1 \\\ 1\\\\\\\\ \\l\\"I\. $26,00
0097784..200.:0010054001001602/22/200803:48:31 PM
RPR-DEED Cnl=1 Sln=6 CASHIER 07
$5,00 $11.00 $10.00
TITLE NO. 0256107 /'1;tP-)
ESCROW,NO . EU07-237:(
. TAX'ACCT.'NO. 02i8?74
MAP/TAX LOTNO.' 17 032624 #1600
WARRANTY DEED -- STATUTORY FORM
MARIESTAIHAR, SUCCESSOR CO-TRUSTEE OF THE DECLARATION OF TRUST KNOWN AS THE
MIKE.sTAIHAR TRUST, DATED MARCH 13, 1995, Grantor, .
convey~. and warrants to
,MIJ.1ffl11Yf./,FlrfdNrfeI SPjUNGFlELD DIALYSIS,LLC, an Oregon Limited Liability Company,
. .' grant~e,.
the following described reaJ'property free of encumbrances except as'specifically set forth herein:
Beginning at a point 1254,82 feet West and 30 feet North of the Southeast
corner "of J: Halstead and Wife DLC 47 in ,section 26, Township 17 Soutl:, Range 3
West of the'Willamette Meridian, and r~nning thence West along the North line of
Mohawk Road. (Q Street) 140 feet; thence North 312.50 feet thence East 140 feet;
thenc_e ~outh ~12 :50 feet to the point of beginning i in Lane County, Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
._'.' ".. '_ .1_., ..
SHOULD.INQUIRE ABOUT THE:PERSON'S.RIGHTS, IF ANY, UNDER ORS 197.352. THIS
INSTRUMENT DOES !'lOT 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, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED.IN ORS 30.930 AND TOINQUlRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS}97,352. .
Except the following encumbrances:
The true consideration for this conveyance is $806,750:00
Dated this 26 daYOf"G.epf~4.f,~r . ?O{)7
1;1
. PRE.SUBMITTAL REeD
-" ~\" "\' ."]"" .:::0:0
. ~ _ """...-.:....; t~~,: ~. .0
- .-- ....
. ,
.j,.
THE DECLARA T:Op,/ TRUS l' K~ AS THE MIKE STAIHAR TRUST, DATED MARCI,[ 13, 1995
'BY (\I\.; M t (, c;. 7....-t:e-Il..-. '.
.. MAR.IE ~TAIHAR, SUCCES;OR CO-TRUSTEE
Stale of
County of
Uk >4, ~..~
DC
,"( .
"ent was acknowledged before me on )ep --I iJ ~b.-r zC, 2007 by MAR.IE STAIHAR, ..
. ", p- TRUSTEE OF THE DECLARATION 7 . THE MIKE ST AIHAR TRUST,
, ".<,."" L~
. :1- (Not~r.... ~ . ) .
1';';:,1; ."i~~wj;ti',:,/: e- ' My commission expire M~:E~~~fO~-t~~~;f~~ {~!- i/;: f;1
.,.;ti>ii\x:'c,...,.........,,~J%lQ\.TIONOF TRUST KNOWN Untl1 a change IS requested
:: '.c>;t,"AS;THEiMIKESTAIHAR'TRUST, DATED
. ,/,..':;.;J;;t;\:R.CtN3!ji 9.95: .
.. 'lIlOVIRG.rNlA'A VENUE
.'MOSC'pW,jt>~;S3843 .... .
.'/c.~kfl'f~R:\S'NAMEAND ADDRESS
,'. .,'.~'Cc~C.:~7:~':;~~,:;'~ ..
MAJ,I>RtiVIS'. .
.1200HILY ARD STREET, STE 470
. EUGENE, OR. 97401
GRANTEE'S NAME AND ADDRESS
".
all tax statements shall be
sent to the following address:
"'SAME AS GRANTEE'"
After recording return to:
CAS8ADE TITLE CO.
S I 1 WILLAMETTE '
EUGENE, OR 97401
"','
WRD
hristopher Kidd & Associates, LLC
chitects and Engineers
TRANSMITTAL
PRE.SUBMITTAL REC'O
OCT 3 0 Z008
Date: October 28, 2008
To: via FedEx Standard Overnight
Ms, Karen LaFluer
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
541-726-3753
From: Ms, Michelle M, Woggon
Christopher Kidd & Associates
Architects and Engineers
Re: FMC-DS of Springfield -Shell Building
344 Q Street
Springfield, OR 97477
CKA Project #07192-02
Dear Ms, LaFluer:
Enclosed please find:
. .
1. One Partially Completed Site Plan Review Application (the Property Owner shall sign the
application prior to the Pre-Submittal Meeting,)
2. One Check #13309 in the amount of$346.00
3. One Project Narrative
4. One copy 'of 8.5"xll "Site Plan
5. Three copies of the Partially Completed Stormwater Scoping Sheet
6. Seven copies of the Civil, Landscape, Architectural, and Structural Plan sets folded into
8.5" x 11" Packets
7. One copy of the Geotechnical Report by K & A Engineering dated November II, 2007
Please note that a copy of the Deed and Prelimimuy. Title Reports will be furnished as needed by
the Property Owner prior to the Pre~Submittal Meeting.
Please note that a Right-of-Way Approach Permit Application and a Traffic Impact Study were
not included since this is an existing site with existing curb cuts on to the right-of-way,
If you have any questions or if! may be of assistance, please do not hesitate to contact me.
Sincerely,
~'~>?..-7-
Michelle M. Woggon
MMW:ayd
c: Dr. Mattox Purvis, Eugene Springfield Nephrology Assoc" viafacsimile
N..:t8W16550 Lisbon Rood Menomonee Falls, WI 53051-6630 262.901.0505 Phone 262.901.0510 fox
- -
. . Wwwckiddarchltedscom Webslte arch@cklddarchllects com Email
,
225 Fifth Street
Springfield, Oregon 97477
541-726-3759'Phone'
Job/Journlll Number
PRE2008-00068
Payments:
Type of Payment
Check
cReceintl
RECEIPT #:
Cit'~f Springfield Official Receipt
De, dopment Services Department
Public Works Department
2200800000000001571
Date: 10/30/2008
Description
CTY Site Plan Rvw Tentative
Paid By
CHRISTOPHER KIDD &
ASSOC.
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
kal 13309 In Person
Payment Total:
PRE-SUBMITTAL REC'O
OCT 3 0 ZOOB
Page 1 of 1
6:46:20AM
Amount Due
346.00
$346,00
Amount Paid
$346.00
$346,00
10/30/2008