HomeMy WebLinkAboutApplication APPLICANT 7/10/2009
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
land Division Plat
Partition, Subdivision
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A licant Name: Ro
Davisson
Phone: 541 948-0228
Com an :
Address:
Ami os III LLC
Fax:
541 302-6647
Roger Langliers, 23021 Brushline Ct., Bend, OR 97701-0119
Ga Davisson 2955 Metolius Dr. Eu ene OR 97408
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A licant's Re .. Rex Betz PLS
Com an :
Phone: 541 746-0637
Inc.
Fax:
541 746-0389
Address:
310 5th Street, S rin field OR 97477
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Owner: Same as A licant
Phone:
Com an
Address:
Fax:
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ASSESSOR'S MAP NO: 17-02-34-32
TAX LOT NO S : 202
Vacant-None assi ned at this time.
1.19
Acres IXl s uare Feet 0
Pro osed Name of Subdivision: Partition Plat for Ami os III, LLC
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Description of This is a 2nd Pre-Submittal for purposes of completing the approved Tentative
Pro osal: Partition Plat.
Existin Use: Vacant
# of Lots/ParcelS: 3
Si natures: Please si nand
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Tentative Case #: SUB2008-00007
Associated A lications:
Pre-Sub Case No.: /2f2.Voq- 0002D Date:
Reviewed b
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Case No.:
A lication Fee: $
Date:
Technical Fee:
TOTAL FEES: $ oLflt>DD
PROJECT NUMBER: PKJ2JX52-{JJ02!
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Revised 1/1/0B Molly Markarian
PRE-SUBMlITAl REC'D 1 of 6
JUL 1.02009
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Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
Pre-Submittal
The undersigned ae nowledges tha
p. €- 5 mittal Mee ng.
tion in this application is correct and accurate for scheduling of the
Owner:
)< .(/' . (;
Signatu e
Roger Langliers or Gary Davisson
Print
Date:
Submittal
Owner:
I represent this application to be complete for submittal to the City. Consistent e completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the inf Ion identified by the City as
necessary for processing the application is provided herein or the Inf on will not be provided if not otherwise
contained within the submittal, and the City may begin process. e appl1cation with the information as
submitted. This statement serves as written notice PUfS the requirements of ORS 227.178 pertaining to a
complete application. ti..
Signature
Roger
Print
Date:
PRE.SUBMIlTAL REC'O
JUL 1 0 2009
Revised 1/1/08 Molly Markarian
2 of 6
land Division Plat pre-slmittal Requirements Checklt
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
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Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. Any applicable application, technology, and postage fees, are collected at
the pre-submittal and submittal stages.
Land Division Plat Application Form
Letter Addressing Conditions of Approval - lists and addresses each condition of
approval, detailing the actions taken and current status of each item.
Nine (9) Paper Copies of the Plat stamped and signed by the surveyor.
Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all
common areas, dedicated areas, and easement areas that are not simple parallel offsets.
Two (2)Copies of Title Report or Subdivision Guarantee for the parcel being
divided. The title report must be dated within 30 days of submittal at the time of the final
submittal. An older report is OK at the pre-submittal stage.
Two (2)'Copies of Each of the Reference Documents and Plats listed on the plat.
Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest
title to the owner listed on the plat), existing easement deeds, and documents listed as
exceptions in the title report, etc.
Two (2) Draft Copies of any street dedications.
Two (2) Draft Copies of Any New Easements or Restrictions being created by
separate. document, improvement agreements, maintenance agreements, joint use
ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other
documents that will be recorded together with the plat or that are required by the
Conditions of Approval.
Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by
the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by
separate document is required from all Trust Deed, mortgage, or other secured loan
interest holders against the property to be recorded simultaneously with the plat IF any
public dedications or easements are being made and/or any other interests are being
transferred to the public per ORS 92.075 (2-4).
Copies of Wetland Documents as required.
Copies of ODOT Access Permits as required.
Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
Verification that Street Tree Agreement is in Progress as required.
Draf.t Copy of the Conditions, Covenants &. Restrictions (CC&.~J }lPiBMITTAl R C'
required. . t'l<t IlU .! II E 0
JUL 1 0 2009
Revised 1/1/08 Molly Markarian
5 of 6
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Post Monumentation4leposit as required for SUbdiVisiO'OnIY.
has current fee schedule and templates.
o Location of Any Floodways in accordance with SDC 3.3-400.
[2] Existing Easements Clearly Identified with Their Recorded Reference.
[2] New Easements and Reserve Strips Referenced in Owner Certificates of
Dedication and Purposes of Easements Identified on Plat.
City Survey Section
NOTE: When, as part of the approval process, the application has been conditioned so that the
recordation of a document is required, the applicant shall be responsible for paying the Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right-of-Way.
Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
o Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. The application, technology, and postage fees, where applicable, are
collected at the time of complete application submittal.
o Land Division Plat Application Form
o Two (2) Copies of the Deed
o Two (2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
o Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp.
o Copy of the Mylar on Bond Paper
o Original and Copy of all Required Documents with signatures where appropriate.
PRE-SUBM!TIAl REC'D
JUL 10 2009
Revised 1/1/08 Molly Markarian
60f6
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WRITTEN STATEMENT
FOR THE FINAL PARTITION PLAT APPLICATION
JUNE 30, 2009
This application is a second Partition Pre-Submittal for the property located at
TM 17-02-34-32, TL 202. The partition was granted conditional approval on March 18,2008
under Case Number SUB2008-00007. An Initial Partition Pre-Submittal meeting was held on
January 13,2009. The applicant is unable to make the cut-off limit for submitting a complete
application of July 12,2009 (180 days from meeting date). Therefore, the applicant is submitting
this Partition Pre-Submittal Application to extend the cut-off an additional 180 days (from 2nd
submittal meeting date).
The following is a discussion of how the [mal plat conforms to the conditions of approval
placed on the tentative partition application:
1) Prior to plat approval, Parcels 1, 2, and 3 shall be serviced with private sanitary sewer
laterals from the IS-inch sanitary sewer main in the north of the subject property as
depicted on the tentative plan in accordance with SDC 4.3-105 A. NOTE: plumbing
permits are required to install these private sanitary sewer laterals.
A copy of the building permit status report is included with this submittal as evidence of
compliance with this condition
At the January 13, 2009 pre-submittal meeting, Andy Limbird indicated he would confirm
that Public Works and the Building Department do not have any comments regarding
construction of the required improvements.
2) Prior to plat approval, Parcell shall be serviced with a private stormwater lateral from the
existing stormwater lateral that extends through the subject property as depicted on the
tentative plan in accordance with SDC 4.3-110 B. NOTE Plumbing permits are required to
install private stormwater lateral.
A copy of the building permit status report is included with this submittal as evidence of
compliance with this condition.
At the January 13, 2009 pre-submittal meeting it was confirmed that this condition had
been satisfied.
3) Prior to plat approval, the applicant shall document on the plat and record a private
stormwater easement over the existing six-inch stormwater lateral that runs through the
north of the subject property and is intended to serve both Parcels 1 and 2.
The easement is granted on the plat.
At the January 13, 2009 pre-submittal meeting it was confirmed that this condition had
been satisfied.
4) Prior to plat approval, the applicant shall verifY the location of existing power lines in A
Street, as well as the location of electric facilities that have been extended to all parcels. In
PRE-SUBMITTAL REC'O
JUL I 0 2009
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addition, if it does not already exist, electric service shall be provided to Parcels 1, 2, and 3
via the existing private joint utility easement running north/south in the center of the
subject property in accordance with SDC 4.3-120. Placement of such facilities shall be
underground as conditioned in the Underground Placement of Utilities section below.
During construction of the other utilities, it was determined that all the parcels for this
partition already have access to 2-3" and 3-2" power conduits that come from a 3-phase
power line in 58th Street
At the January 13, 2009 pre-submittal meeting a 7.00-foot SUB Easement was requested
along the west side of Parcell for future electric connections. It was noted that Andy
Limbird would provide afinal response later regarding the possible need to run electric
lines to the site at this time.
The 7. OO-ft SUB easement has been added to the face of the plat and the Declaration. Andy
Limbird responded directly to Roger Langeliers (the applicant) regarding running electric
lines at this time.
5) Prior to plat approval, all required utility lines to serve Parcels 1, 2, and 3 shall be installed
underground.
During construction of the other utilities, it was determined that all the parcels for this
partition already have access to 1-4" phone conduit, 1-2" cable conduit and 1-4" gas
conduit that come from 58th Street.
At the January 13, 2009 pre-submittal meeting it was confirmed that this condition had
been satisfied.
6) Prior to plat approval, the applicant shall verify the location of the existing water main in A
Street, as well as the location of water facilities that have been extended to all parcels, In
addition, if it does not already exist, water service shall be provided to Parcels 1 ,2, and 3
via the existing private joint utility easement running north/south in the center of the
subject property in accordance with SDC 4.3-130. All water service facilities shall be
installed per SUB Water standards. NOTE: plumbing permits are required to install private
water laterals.
During preparation of the tentative mapping, SUB provided our office with a map showing
an 8" water main in the PUE on the south side of A Street. A copy of this map is included
in this submittal. Connection to this water main can be made by future construction on
Parcels 1 and 2 without disturbance to private or other public facilities; therefore no
connection needs to be made at this time for these parcels. A copy of the building permit
status report is included with this submittal as evidence that Parcel 3 is supplied with a
connection to the water main.
At the January 13, 2009 pre-submittal meeting it was noted that both the developer and
contractor confirmed that the water line was installed, inspected and approved
7) Prior to plat approval, the applicant shall provide a copy of a new ODOT access permit for
the Main Street access.
A copy of ODOT's conditional approval letter is included with this submittal.
PRE.SUBMITTAl REC'D
JUL l' 0 2009
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At the January 13, 2009 pre-submittal meeting it was noted that the ODOT permitting
process was still underway and that a copy of the letter would be provided as soon as
available.
8) Vision clearance areas shall be maintained at each access to a public street as per SDC 4.2-
130.
A note with this restriction is included on the plat.
At the January 13, 2009 pre-submittal meeting it was confirmed that this condition had
been satisfied.
ORE
JULY 20, 1993
REX A. BETZ
he.. e;/" ('2-/5/07
PRE.SUBMITIAL REC'O
JUL 1 0 2009
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Dregon
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Theodore R. Kulongoski, Governor
Department of Transportation
Traffic-Roadway Section
355 Capitol SI. NE, 5'" Floor
Salem, OR 97301-3871
(503) 986-3568
Fax: (503) 986-4063
September 15, 2008
Damien Gilbert
Branch Engineering
310 5th Street
Springfield, OR 97477
File Code:
TRA 30-08
SUBJECT:
Request for a Grant of Access
McKenzie Highway (OR 126)
@ Engineering Station 282+65, MP 6.50L
City of Springfield, Lane County
Dear Mr. Gilbert,
According to the applicable Oregon Administrative Rule (OAR) 734-051-0295, the
Oregon Department of Transportation (ODOT) has evaluated your application for
a grant of access acting as an agent of the property owner for use of an existing
private approach on the north side of the McKenzie Highway (OR 126) at
Engineering Station 282+65 (MP 6.50L). The department determined that a
grant of access is necessary because tax lots 2300, 2502, and 2601 have no
access rights to the McKenzie Highway (OR 126). In addition, tax lots 2600,
2602, 2800, and 2900 have access rights to the highway at Engineering Station
281 + 16 but not at the existing approach at 282+65. Tax lot 400 has access
rights to a reservation of access to the existing approach at Engineering Station
282+65 along with an easement through tax lot 202. Tax lot 300 also has an
easement through Tax Lot 202 but no right of access to the highway at Station
282+65; the existing reservation of access for Tax Lot 300 is at Engineering
Station 281 +85.
When the department receives a request for a grant of access, ODOT must
determine if the access control is still necessary or if a grant of access would
benefit the state highway system. After review and discussion by the Statewide
Grant Review Committee (SGRC), we have determined that access control is still
necessary and that the benefit test could only be met if the following conditions
were agreed to by the property owner:
o The existing reservation of access at Engineering Station 281+16
(abutting the State Highway at tax lot 2800) would be relinquished.
o The existing reservation of access at Engineering Station 281 +85
(abutting the State Highway at tax lot 300) would be relinquished.
o The existing approach at Engineering Station 282+65 is physically
restricted to a right-infright-out (RIRO) turning movement from the
westbound direction of the McKenzie Highway (OR 126) and provides
access to tax lots 202, 300, 400, 2300, 2502, 2600, 2601, 2602, 2800,
and 2900. PRE-SUBMITTAL REC'D
JUL 1 0 2009
\\Sc-salemrev-11\7600Shar\Grants_Of Access\Hwy_015_MP _6.43\Letter from State Traffic Engineer to
734-2272 (11-06) Applicant.doc -
@
September 15, 20'
Page 2
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The reasoning behind the aforementioned conditions is due to the department's
concern with the safety and operation of McKenzie Highway (OR 126) in the
vicinity of its intersection with South 58th Street. The intersection has been
identified as one of our top safety concerns statewide as rated by the
department's Safety Priority Indexing System (SPIS). A recent investigation by
the Region 2 Access Management Engineer also revealed the following concerns
with the proposed grant location:
. The existing Average Annual Daily Traffic (MDT) on the McKenzie
Highway (OR 126) of approximately 20,000 vehicles per day is a
contributing factor to why a top 5% SPIS site exists at the intersection of
McKenzie Highway (OR 126) and South 58th Street.
. In 2006, a motorcyclist killed in a crash with a passenger car at MP 6.52
was related to an approach at that location.
. ODOT crash data shows 7 crashes related to driveways from South 58th
Street (MP 6.43) to MP 6.50 for the years 2003 through 2006.
. The proposed grant location is approximately 300 feet from the
intersection of McKenzie Highway (OR 126) and South 58th Street with
westbound left-turn queues observed to extend past the proposed grant
location.
. There is an existing traffic separator that extends from the intersection of
McKenzie Highway (OR 126) and South 58th Street east to MP 6.48.
. The developer has constructed "An Street which borders the north side of.
the development "An Street connects to South 58th Street and 60th Place
which also connect to the McKenzie Highway (OR 126). There are 2
approaches that have been constructed on the development connecting
to "An Street. There is also one existing approach to South 58th Street.
These accesses provide 3 reasonable alternate accesses to the
development.
. Field observation has shown eastbound traffic on the McKenzie Highway
(OR 126) making a left-turn into the subject property and having to wait
a considerable time for a gap to complete the movement. The time
waiting for a gap is a safety and operations concern on an already
congested highway. Eastbound traffic on the McKenzie Highway (OR 126)
wanting to make a left-turn into the property will have to negotiate
around the traffic separator and then compete for the left-turn lane with
the westbound traffic on the McKenzie Highway (OR 126) that desire to
make a left-turn at the signal. Left-turns out of the property will have to
find a gap between left-turns coming into the property and then find a
gap and merge with eastbound traffic on the McKenzie Highway (OR
126). This is a safety and operations concern due to the high ADT of the
5-lane highway and the close proximity to the signal.
The SGRC concurred with the Region 2 Access Management Engineer's findings
mentioned above and consequently will not support approving a grant of access
at Engineering Station 282+65 unless it is restricted to a right-injright-out (RIRO)
turning movement and serves all of the properties listed above. The SGRC will t
not recommend approval to the Technical Services Manager until the depa~HBM\TTAL REC D
receives written documentation from all property owners that documents their JUL 1 0 2009
\\Sc-salemrev-11\7600shar\Grants_OCAccess\Hwy_015_MP _6.43\Letter from State Traffic Engineer to
Applicant.doc
..
September 15, 2_
Page 3
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agreement to accept the proposed conditions of the grant at Engineering Station
282+65.
If you agree to accept our proposed conditions for a grant of access, please
contact Mike Spaeth, ODOT District 5 Manager, at (541) 744-8080 to discuss the
submission of written documentation and the next step in the grant of access
process. If you wish to make a counter proposal, you will need to submit a
Traffic Impact Study to the SGRC as described in OAR 734-051-0040 (64)
showing how your proposal would meet all of the requirements of OAR 734-051-
0085 while maintaining a full or partial movement access at Engineering Station
282+65.
If you have any questions or wish to discuss this matter further, please contact
the ODOT District 5 Office.
Sin~, /7
P /Y //
/~~
(.- Edward L. FiSG er, P.E., PTOE
State Traffic Engineer
Courtesy Copies:
Kent Belleque, Senior Interchange Engineer
Doug Bish, Traffic Engineering Services Manager
Kevin Haas, Traffic Investigations Engineer
Jamie Hollenbeak, Region 2 Access Management Engineer (Interim)
Jeffrey Lange, Region 2 Access Management Coordinator
Harold Lasley, Access Management Unit Manager
Mike Spaeth, District 5 Manager
Nancy Warnicke, Right of Way Research Coordinator
David Warren, Region 2 Traffic Manager
KJHjsa
\\Sc-sa lemrev-11 \7600shar\Grants _ OCAccess\Hwy _015_ MP _ 6.43\Letter from State T raffle Engineer to
Applicant.doc
BRANCH NO. 05-204J .
JUNE 30, 2009
DECLARATION
C-.lAtl '^'.fS "5 "\ V, ~. J4 h. ZO~ <1"
S lAb-M c t\~ \
KNOW ALL PERSONS BY THESE PRESENTS THAT AMIGOS III, LLC, (I) DOES
HEREBY CERTIFY THAT IT IS THE OWNER OF THE LAND AS HEREON DESCRIBED
AND DOES CAUSE THE PROPERTY TO BE PARTITIONED IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 92 OF THE OREGON REVISED STATUTES AS
HEREON SHOWN; (2) DOES HEREBY ACKNOWLEDGE 'rJ;lE FOLLOWING
~E"STRICTLONS AND EASEMEliT_S: (A) THE ACCESS RESTRICTION DEPlCAIED
HEREON FROM NORTH "A" STREET TO THE PARTITION AS SHOWN HEREON, (B)
THE EXISTING ACCESS RESTRICTION FROM THE MCKENZIE HIGHWAY TO THE
PARTITION AS CALLED IN SEP ARA TE INSTRUMENT tffiD NOTED IN "NOTE 4" ON
PAGE I -OF THIS PARTITION, (C) THE EXISTING PUBLIC SIDEWALK EASEMENT IN
;rHE NORTHEAST CORNER OF PARCEL 2 AS DEDICATED BY THE DEED THAT IS
SHOWN IN "REFERENCE IS" ON PAGE 2 OF THIS PARTITION, (D) THE EXISTING
PUBLIC SIDEWALK AND INGRESS-EGRESS EASEMENT IN THE NORTHWEST
CORNER OF PARCEL I AS DEDICATED BY THE DEED THAT IS SHOWN IN
i'REFERENCE 16" ON PAGE 2 OF THIS PARTITION, AND (E) THE EXISTING PUBLIC
SIDEWALK EASEMENT IN THE NORTHEAST CORNER OF PARCEL I AND THE
NORTHWEST CORNER OF PARCEL 2 AS DEDICATED BY THE DEED THAT IS
~I:IPWN IN "REFEREN_CE I 7" ON PAGE_2 OF THIS PAI,n:I.T.!.ol:l; (3) DOES HEREBY
ACKNOWLEDGE THE GRANTING HEREON OF (A) THE 5.00-FOOT PRIVATE STORM
SEWER EASEMENT ACROSS PARCELS I AND 3 FOR THE BENEFIT 011 PARCEL 2
AND (13) nfE"7.00-FOOT PRIVATI;: WATERLINE EASf:~ENT ACR98.S.PA,M::]..L. I FOR
IlIj::-BENEFlT_OF, PARCEL 3; (4) DOES HEREBY ACKNOWLEDGE (A) THE VARIABLE
WIDTH PRIVATE INGRESS AND EGRESS EASEMENT ACROSS PARCELS 1,2 AND 3
FOR THE BENEFIT OF PARCELS 1,2, AND 3 AND OTHER LANDS, (B) THE 25.00-FOOT
PRIV ATE JOINT USE STO"RM DRAINAGE EASEMENT ACROSS PARCEL 3 FOR THE
.~..-
BENEFIT OF PARCELS I, 2, AND 3 AND OTHER LANDS, (C) THE 5.00-FOOT PRIVATE
JOINT USE STORM DRAINAGE EASEMENT ACROSS PARCEL 3 FOR THE BENEFIT OF
PARCELS 1,2, AND 3 AND OTHER LANDS, (D) THE 7.00-FOOT PUBLIC UTILITY
EASEMENT ALONG THE FRONTAGE OF NORTH "A" STREET, (E) THE I98.20-FOOT
BY IO.OO-FOOT PRIVATE SANITARY SEWER EASEMENT ACROSS PARCELS I AND 3
FOR 'mE'BEN'EFIT OF. OTHER LANDS, (F) THE I O.OO-FOOT PRIVATE UTILITY
EASEMENT OVER PARCELS I, 2, AND 3 FOR THE BENEFIT OF PARCELS I, 2, AND 3
AND OTHER LANDS, (G) THE VARIABLE WIDTH PRIVATE UTILITY EASEMENT
OVER PARCEL 3 FOR THE BENEFIT OF PARCELS 1,2, AND 3 AND OTHER LANDS,
AND (H) THE 20.00-FOOT PUBLIC SANITARY SEWER EASEMENT OVER PARCELS I,
2 AND 3; (5) DOES HEREBY"ACKNOWLEDGE THE "DEDICATION HEREON OF THE
7.00-FboT SPRINGFIELD UTILITY BOARD EASEMENT OVER PARCEL I; AND (6)
DOES HEREBY ACKNOWLEDGE THE COVENANTS, CONDITIONS AND
RESTRICTIONS CONTAINED IN THE DOCUMENT THAT IS SHOWN IN THE
i'RESTRICTIONS" SECTION THAT IS ON PAGE 3 OF THIS PARTITION.
.-. .
AMIGOS III, LLC, AN OREGON LIMITED LIABILITY COMPANY
BY:
PRE-SUB~mAL RECIDlJUl 1 0 2009
ROGER W. LANGELIERS, MEMBER
"
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, 01'11910" o( Chi.' Deputy Clerk
Lane County Deeds and Records
l~~~~Dlll1
$41.00
""11I11111 "111I111I1/111""1111I111I1" 1111/1
00724525200500621270030036
08/10/2005 01:47:23 PM
RPR-ES"T Cnt=2 St"=15 CASHIER 07
$5.00 $15.00 $10.00 $11.00
DECLARATION OF EASEMENT FOR SANITARY SEWER
AND MAINTENANCE AGREEMENT
...........*********************.............**....**.**....*********..***
Pursuant to ORS 205.234, the following information is provided:
1.
Name of Transaction:
Declaration of Easement for Sanitary
Sewer and Maintenance Agreement
2.
3.
Name of Partv: Amigoslll, LLC, an Oregon limited liability company
Person to Whom Documents to be Returned:
!1:il~'f:~~
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4.
5.
6.
True and Actual Consideration:
Please Send Tax Statements to:
Information Recuired bv ORS 205.125:
None
No Change
NfA
***....*..*.....~*.**.***.******.**.****.*.*.....**.**.....*.........****
KNOW ALL PERSONS BY THESE PRESENTS, that Amigos III, LLC, an Oregon limited
liability company, hereafter ("Declarant") hereby declare the foIlQ~ng:
RECITALS
WHEREAS, Declarant is the owner of that certain real property as more particulai1y
described in that deed recorded May 21,2004, at Instrument No. 2004-038460, Official Records
of Lane County, Oregon, which property is hereafter referred to as Parcell;
: WHEREAS, Declarant is also the owner of that certain real property as more particularly
described in that deed recorded April 1 , 2004, at Instrument No. 2004-023227, Official Records
of Lane County, Oregon, which property is hereafter referred to as Parcel II;
WHEREAS, Parcel I and Parcel II are adjacent to each other In that the eastem
.boundary of Parcel II is a portion of the western boundary of Parcell;
WHEREAS, the Declarant desires to create an easement regarding installation of a
private sanitary sewer line on Parcell pursuant to the terms and conditions of this declaration.
WITNESSETH
NOW, THEREFORE, Declarant declares the following:
1. Recitals: The recitals set forth hereinabove are made a part of this declaration as
1 . Declaration of Easement for Sanitary Sewer
and Maintenance Agreement
PRE-SUBMITIAl REC'D
JUL 1 ~ 2\)\)~
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though fully set forth herein.
2. Declaration of Easement owner hereby declares the following easement with
respect to Parcels I and II:
Owner as the owner of Parcel I, for itself, its heirs, successors and
assigns, hereby grants and conveys to itself as the owner of Parcel II, its heirs,
successors and assigns, an Easement across that portion of Parcel I more
particularly described as follows, to-wit:
Beginning at a point on the west line of the property of the
Grantor, which point Hes South a distance of 324.98 feet from the
northwest comer of said property; thence East a distance of 10.00
feet; thence North parallel to the west Hne of said property a
distance of 198.20 feet; thence West a distance of 10.00 feet to a
point on said west property line: thence South a distance of 198.20
feet to the Point of Beginning.
for the purposes of installation and maintenance of a private sanitary sewer Hne running
from the northeastem comer of Parcel II to an existing sewer line located on Parcell.
This Easement shall include a temporary Easement for Declarant, as the owner
of Parcel II to enter onto Parcel I for the purpose of installing and constructing the
private sanitary sewer Hne within the Easement. Upon completion of installation and
construction, the surface of the real property subject to the Easement shall be restored
to the same condition as existed prior thereto.
Nothing herein shall be construed to prevent the owner of Parcell from using the
Easement area for any lawful purpose which is not incompatible with the terms of the
Easement granted hereunder.
3. Maintenance: To the exlent of any damage to the sanitary sewer Hne caused by the
negHgence or wilful act of the owner of Parcell, or any employee, contractor, invitee, tenant,
successor or assign of the owner of Parcell, all repairs and maintenance to the sanitary sewer
Hne installed in the Easement shall be the responsibility of the owner of Parcel II, To the exlent
necessary to perform maintenance and repairs, the owner of Parcell grants to the owner of
Parcel II an Easement to enter onto Parcell for said purposes. Upon completion of repairs or
maintenance, the surface of the real property subject to the Easement shall be restored to the
same ccndition as existed prior thereto.
4. Indemnification: Liability Insurance: Each owner hereby agrees to indemnify and hold
the other owner harmless from any and all Hability arising out of any act or omission resulting
in injury to person or damage to prope~, caused by said owner, or the employees, tenants,
contractors or inviteesof said owner, within the Easement described hereinabOve, Each owner
further agrees to procure at its own expense a poHcyofHability insurance protecting all affected
owners from any claims or Habilities arising within the Easement. . .
5. Aoourtenance: The Easement and covenants set forth herein are not personal or
in gross but are appurtenant to each and every parcel of the property more particularly
described and set forth hereinabove.
6. Successors and Assians: The Easement and covenants granted herein shall run
with the land herein described and shall be binding on and shall inure to the benefit of the
2 - Declaration of Easement for Sanitary Sewer
and Maintenance Agreement
PRE.SUBMITIAL RECIO
JUL 1 0 2009
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parties hereto, their heirs, successors and assigns.
7. Breach and Remedies: A failure by any party or their heirs, successors and assigns,
to perform any ofthe conditions or obligations specified herein, shall constitute a breach of this
agreement. In the event of a breach, the non breaching party shall have the right to pursue any
and all remedies available, both at law or in equity, specifically including but not limited to,
injunctive relief, it being acknowledged that there may not exist an adequate remedy at iaw.
8. Waiver: All the rights hereunder are cumulative, and no waiver of any breach of this
agreement shall effect any subsequent breach. No exercise or partial exercise of any remedy
shall be construed to preclude the exercise of any other remedy or of the remainder of any
such partially exercised remedy at a later time, or of the same remedy at a later time.
9. Effect of Aareement This agreement contains the full, final and exclusive statement
of the contract of the parties hereunder. No warranty, express or implied by eithe'r party arises
apart from tilis writing. If any part of this contract IS adjudged invalid, the remainder of this
contract shall nat thereby be invalidated.
10. Litiaation Exoenses: In the event this contract is placed in the hands of an attorney
for enforcement of the provisions contained herein, the prevailin\l party shall be entitled to
reimbursement from the other party a sum equal to all legal costs, 1I1cluding but not limited to,
costs of trial, any appeal' therefrom and costs of execution of any judgment, including
reasonable attorneys' fees incurred by said prevailing party as a result of the breach.
Executed on the ~ay of 4'f"'.f;7 , 2005.
AMIGOS III, LLC, an Oregon limited
Iiability~
~ ~!,~~
Title: ~~
STATE OF OREGON )
County of Lane } 55. A, ~ '2- f /0 , 2005
Personally appeared the above-named A!O,4'A", 'i. ~;,;l/i!'~ , as
?:r~J11/(-'k of Amigos III, LLC, an Oregon limited liabIlity company, who acknowledged the
, oreg01l19 instrument to be its voluntary act and deed. Before me.
lo~ifu~rhi~'g~q ~~
_ OPPICIAL SEAl
MELISSA A ZIMMER
. i NOTARV PUBLIC-OREGON
'.- COMMISSION NO, 358191
MY COUMISSION EXPIRES JUNE 8, 2006
3 - Declaration of Easement for Sanitary Sewer
and Maintenance Agreement
PRE-SUBtJlITIAl REC'O
JUL 1 0 2009
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Reoorded at the request of and
after recording return to:
Brancb Engineering, Inc.
310 Fifth Street
Springfield, OR 97477 .
F Division of Chie' Deputy Clerk
Lene County D.~ and Records
'.
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
The true and actual consideration for this declaration is other than monetaJy.
KNOW ALL PERSONS BY THESE PRESENTS, that Amigos llI, llC, an oregon
Limited Liability Company, bereafter "DECLARANT' bereby declares the following:
RECITALS
WHEREAS, DECLARANT, is the owner of (a) the lands conveyed as "TRACT I" and
"TRACT 2" in that. certain Pr<perty Line Adjustment DJ:ed that was recorded
'Dece....ber 2\.200'OasRecorder'sNumber2005 lOl301 intbe
Official Records of Lane County, Stiite of Oregon and (b) the lanas that were conveyed in the
Warranty Deed that was recorded April I, 2004 as Recorder's Number 2004-023227 in the Official
Records of Lane County, State of Oregon;
WHEREAS, DECLARANT desires to create easements and define maintenance
responsibilities on certain areas for the benefit of future owners of said tracts as described below;
and
WHEREAS, DECLARANT desires to relocate an existing easement for ingress and egress
that was created by that certain Declaration that was recorded May 16, 2005 as Recorder's Number
2005.035540 in the Official Records of Lane County, State of Oregon.
WITNESSETH
NOW THEREFOR., Owner declares the following
l.
Recitals. The recitals set forth hereinabove are made a part of this declaration as though
fully set forth herein.
Declaration of EASEMENT "A'" DECLARANT hereby creates a variable width perpetual
easement for private ingress-egress and private utility purposes over that certain area that
is described in "EXHIBIT An attached hereto and made a part hereof for the common
benefit of the above three tracts ofland.
Nullification of"",vious easement' DECLARANT hereby nullifies and voids in its entirety
that certain Declaration of Easement for Ingress and Egress that was recorded May 16, 2005
as Recorder's Number 2005.035540 in the Official Records of Lane County, State of
Oregon. .
Declaration of EASEMENT "B'" DECLARANT hereby creates a 10.00 foot wide perpetual
easement for private ntility purposes over that certain area that is descnbed in "EXHIBIT
B" attacbed bereto and made a part bereoffor the common benefit of the above three tracts
ofland.
2.
3.
4.
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 1 of5 PRE-SUBMITTAL RECIO
1 1\ rynna
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5.
Extinl!Uishment Clause: That portion of EASEMENT "B" as created herein that lies
northerly of the futnre margin of North A Street will extinguish in its entirety without further
action upon completion and acceptance by the City ofSprinw;eld of aU of the following: (I)
dedication and construction of North A Street, (2) connectIon of private utility lines from
the south that lie in EASEMENT "B" to future public lines in said street, and (3)
abandonment of the private utility lines that lie in said EASEMENT "B" northerly of the
new connection points~
Exclusion of PUEs' Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement.
Use ofEASEMENT" A": The easement as described hereinabove may be used forvehicular,
equipment and pedestrian ingress and egress purposes by the owners of the above three
tracts. No owner shall have the right to park, load or unload any vehicle in the driveway,
such as to block the ingress-egress of the other owners other than in emergency conditions.
Use of the Easement shall be on a regular, cnntinuous, nonexclusive, nonpriority basis,
benefitting the owners, their successors, assigns, lessees, mortgagees, invitees, guests,
customers, agents and employees. However, none of the owners' rights hereunder shall lapse
in the event ofthat owner's failure to use the Easement and driveway on a continuous basis.
The owners or occupiers of the tracts affected by these easements shall have the right to use
their property, including the areas described as the easements, for any purpose as, lon~ as the
owners or occupiers do not interfere with the use of the easements as granted by this
instrument.
Maintenance and R~ The driveway established within EASEMENT "A:' shall be
maintained in a condition which will allow a stsndard passenger car to pass across said
driveway without sustaining any damage, other than normal wear. The cost of periodic
maintenance and repairs to the driveway within EASEMENT "A" and the private utilities
within said EASEMENT" A" and EASEMENT "B"shall be performed and paid for as
follows:
a. In the event that repairs to the driveway become necessary due to the acts of one of
the owners, then that owner shall pay for and perform such repairs as are required
under this agreement.
b. In all other events, the cost of repairs and maintenance for the driveway shall be
shared equally by the owners of the above three tracts.
c. In the event that repairs to the private utilities become necessary due to the acts of
one of the owners, then that owner sball pay for and perform such repairs as are
required under this agreement.
d. In all other events, the cost of (Cpairs and maintenance to the private utilities shall
be paid by the owner(s) of the respective utility.
e. In the event that an owner fails to perform any such necessary maintenance and
(Cpairs as required, the other owners, upon 15 days prior written notice to the
nonperforming owner, may cause such work to be done with a right of
reimbursement for all sums necessariIy and properl~ expended to remedy such
failure. If the nonperforming owner fails to pay such reImbursement on demand, the
owner(s) causing such work to be done shall have the immediate right to record a
lien agtUnst the nonperforming owner's property benefitted by this agreement The
owners agree that such lien shall be treated as a construction lien pursuant to ORS
Chapter 87, subject to foreclosure and priority as set forth in the construction lien
statutes. .
Insurance' Each owner shall maintain public liability insurance at all times relating to all
activities, conditions, operations and usages on or about the Easements and driveway. Each
owner shall indemitiIY and hold harmless the other owners from any liability arising out of
the usage of said Easements and driveway by said owner, their tenants, agents, employees,
guests and invitees.
ADDUrtenance' The Easements set forth herein are not personal or in gross but are
appurtenant to each and every portion of the three parcelS benefitted herein, as more
particularly described and set forth hereinabove.
6.
7.
8.
10.
DECLARA nON OF PRIVATE EASEMENTS
AND
MAlNTENANCEAGREEMENT
Page 2 of5
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Successors and Assil!DS' The Easements declared berein sball run with the land berein
described and shall be binding on and shall inure to the benefit of the parties hereto, their
heirs, successors and assigns.
Breach and Remedies' In addition to the remedies set forth above, a failure by any owner,
their heirs, successors and assigns, to perform any of the conditions or obligations specified
herein, shall constitute a breach of this agreement In the event of a breach, the nonbreaching
owner(s) shall have the right to pursue any and all remedies available, both at law or in
equity, specifically including but not limited to, injunctive relief, it being acknowledged that
there may not exist an adequate remedy at law.
~ All rights bereunder are cumulative, and no waiver of any breach of this agreement
shall effect any subsequent breach. No exercise or partial exerCise of any remedy shall be
construed to preclude the exercise of any other remedy or of the remainder of any sucb
partially exercised remedy at a later time, or of the same remedy at a later time.
Effect of Alrreement If any part of this contract is adjudged invalid, the remainder of this
contract shall not tbereby be invalidated
Litiaation Expenses' In the event this declaration is placed in the bands of an attorney for
enforcement of the provisions contained herein, the prevailing party sball be entitled to
reimbW'SCment from the other party a sum equaJ to all legal costs, including but not limited
to, costs of trial, anr appeal therefrom and costs of execution of any judgment, including
reasonable attorney s fees incurred by said prevailing party as a result of the breach.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE EASEMENTS
AND MAINTENANCE AGREEMENT on this ~ day of be<, e: M 1;><>,..... , 20..Q:L.
AJDigos III, LLC Limited Liability Company
.
II.
12.
13.
14.
15.
Signed'
STATE OF OREGON )
County of Lane )SS
On V<?c.~'oeV" C'\ 200.> personallyappearedtheabovenarnedRonaldE. Thienes,
who being duly sworn said iliat be'is a member of Amigos m, ILe, and that the above instrument
was signed on behalf of said limited liability company and acknowledged the foregoing instrument
to be his voluntary act and deed.
J-L'iQ. W'
~llC for Oregon
OFFICIAL SEA.L
GP.lL A If..A'S..\I~:N
NOWlY PUBIJ:.;. (;~EJ;r.N
COMMISSiON NO. 370001
MY COI.\r.fISSION ronrl:S JULY 28, ~ilO7
...;
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 3 of5
PRE-SUBMITTAL REC'D
JUL 1 0 2009
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EXBIBIT A
EASEMENT "A"
l'RIV ATE INGRESS AND EGRESS AND l'RIV ATE UfILITY EASEMENT
SITUATED in the City of Springfield in the Southwest 1/4 of Section 34, Township 17 South,
Range 2 West of the Willametle Meridian and described as follows:
BEING a portion of the lands that were conveyed as "TRACT I" and "TRACT 2" in that cenain
Property Line AdjUSbnent Deed that was recorded De c e W\ 1Q",y Z I , 20 0<;; as
Recorder's Number 20125 1 D\ 30\ in the Official Records of Lane County, SiiUe of
Oregon, said portion being more particularly described as follows:
BEGINNING at the most southeasterly comer of said "TRACT I" which POINT OF
BEGINNING lies on the north margin of the McKenzie Highway as established in the conveyance
to the State of Oregon that was recorded March 4, 1963 at Reception Number 1546 in the Official
Records of Lane County, State of Oregon;
THENCE, leaving said l'OINT OF BEGINNING and along said north margin of the McKenzie
Highway the following one numbered course: (1) NORm 87' 43' IS" WEST 50.00 FEET to the
most southerly southwest. comer of said "TRACT I";
THENCE, along the southerly west line of said "TRACT I" the following one numbered course:
(2) NORm 86.12 FEET to a point of non-tangent curvature to the left;
THENCE, crossing into said "TRACT I" and along the following three numbered courses: (3)
along said non-tangent curvature to the left having a radius center that hears North OS' 44' 2]" West
]0.00 FEET, a central angle of84' IS' 39" and a long chord of North 42' 07' 49" East 13.42 feet,
OD arc distance of 14.71 FEET to a point of tangent line that lies parallel with and 12.00 feet
westerly by perpendicular measurement from the north segment of the west line of said "TRACT
2"; (4) along said tangent/parallel line, NORm 104.63 FEET to a point that lies on the westerly
extension of the north line of said "TRACT 2"; and (5) leaving said tangent/parallel line and along
said westerly extension EAST 12.00 FEET to the northwest comer of said "TRACT 2"; and
THENCE, along said north line of "TRACT 2" the following one numbered courSe: (6) EAST 12.00
FEET to a point on a line that lies parallel with and ]2.00 feet easterly by perpendicular
measurement from said north segment of the west line of 'TRACT 2";
THENCE, leaving said north line along the following three numbered courses: (7) along last said
parallel line and its southerly prolongation, SOUTH 100.81 FEET to a point on a line that lies
parallel with and 12.00 feet northeasterly hy perpendicular measurement from the south segment
of said west line of "TRACT 2"; (8) along last said parallel line, SOUTH 16' 07' 28" EAST 61.07
FEET to a point that lies on a line that bears North from the POINT OF BEGINNING; and (9) along
last said line, SOUTH43.21 FEET RETURNING to the l'OlNT OF BEGINNING and containing
6,859 Square Feet more or less.
DECLARATION OF PRIVATE EASEMENTS
AND .
MAINTENANCE AGREEMENT
Page 4 of5
Dee OJ Zoo C;
r REGISTERED
PRQ.FESSIONAL
LANu SURVEYOR
#'(/~ /1 0' ./
OREGON
JULY 20, 1993
R~~.!'~ETZ
tic.E;<f"- ,?.-/3'!~5
PRE-SUBMITTAL REC'O
JUL 1 0 2009
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EXHIBIT B
EASEMENT "B"
lO.OO-FOOT WIDE PRIVATE UTILITY EASEMENT
SITUATED in the City of Springfield in the Southwest 114 of Section 34, Township.17 South,
Range 2 West of the Willamette Meridian and described as follows:
BEING a portion of the lands that were conveyed as "TRACT 1" in that certain Property Line
Adjustment Deed that was recorded 'Dee e.", h-eV" ~200C:;asRecorder'sNumber
20 0'7- \ () I 30 \ . in the Official Records of Lane County, State of Oregon, said portion
beUig a strip of land of unifonn width of 10.00 feet by perpendicular measurement the centerline
of which strip is more particularly described as follows:
BEGINNING at the northwest comer of said ''1RACT 1 ";
THENCE, leaving said POINT OF BEGINNING and crossing said ''1RACT 1", NORTH 243.69
FEET more or less to a point on the north line of said "TRACT 1" and the TERMINUS of the
described centerline.
The sidelines of said strip being lengthened or shortened so as to terminate (1) at said north line of
"TRACT 1" at the north end of said strip and (2) at the north line of "TRACT 2" of said Property
Line Adjustment Deed arid the westerly extension thereof at the south end of said strip.
'De Co tJ 2cO
REGISTERED
PROFESSIONAL
LAN SURVEYOR
12. e!<,/l Ii-(;,(o{;
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page S ofS
PRE.SUBMIITAl REC'O
. JUL 1 0
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Recorded at the request of and
after recording return to:
Ol~'l.n .r chi.iDoputy CJ;;:k'- -'lIlnCJl:"l~ ' r/".(2
Lane County Deeds and Recor"ds 'UUU.Uv~~ ~ fit J
111"1111111"""""""'''''"111''"111111111 $61.00 \ \
00828402200600533190070073
07/26/2006 10:13:22 AM
RPR-ESnT Cnt=2 Stn=IS CllSHIER 02
$5.00 $35.00 $10.00 $11.00
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARA nON OF PRIVATE JOINT USE ACCESS
EASEMENT AND MAINTENANCE AGREEMENT
The true and actual consideration for this declaration is nther than monetary.
KNOW ALL PERSONS BY T1IESE PRESENTS, that (I) AMIGOS m, LLC, an
Oregon Limited Liability Company, and 2) LIBERTY BANK, an Oregon Stoek Bank,
hereinafter "DECLARANTS" hereby declare the following:
RECITALS:
I. WHEREAS AMIGOS 01, LLC, an Oregon Limited Liability Company, being a
Grantor/Grantee berein, is the owner of (a) the lands that are described in "Exhibits C
and D" in the Property Line Adjustment Deed that was recorded March 20, 2006 at
Recorder's Number 2006-018447 in the Official Records of Lane County, State of
Oregon; (b) the lands that are described in "Exhibits C and D" in the Property Line
Adjustment Deed that was recorded March 20, 2006 at Recorder's Number 2006-018448
in the Official Records of Lane County, State of Oregon; (c) the lands that are described
as "Tract I" in "Exhibit A" in the Property Line Adjustment Deed that was recorded
December 21, 2005 at Recorder's Number 2005-101301 in the Official Records ofLane
County, State of Oregon (d) the lands that are described as "Parcel I" in "Exhibit A" in
the Statutory Warranty Deed that was recorded May 13, 2005 at Recorder's Number
2005-034709 in the Official Records of Lane County, State of Oregon, (e) the lands that
are described in "Exhibit A" in the Statutory Warranty Deed that was recorded April I.
2004 at Recorder's Number 2004-023227 in the Official Records of Lane County, State
of Oregon and (I) the lands that are described as "Parcels 1,:2 and 3" in "Exhibit A" in
the Statutory Warranty Deed that was recorded February 7, 2006 at Recorder's Number
2006-008513 in the Official Records of Lane County, State of Oregon;
2. WHEREAS LIBERTY BANK, an Oregon Stock Bank, also being a
Grantor/Grantee ~erein, is the owner of the lands that are" described in the Statutory
Wamll1ty Deed that was recorded June 30, 2006 at Recorder's Number 2006-046082 in
the Official Records of Lane County, State of Oregon;
3. WHEREAS AMIGOS Ill, LLC is requesting Final Site Plan approval from the City of
Springfield;
4. WHEREAS AMIGOS m, LLC, and LIBERTY BANK desire to create a private joint
use access easement and define maintenance responsibilities on certain areas and
facilities for the benefit of the present and future owners of the above lands as described
below; and
5. WHEREAS AMlGOS m, LLC aDd LIBERTY BANK desire to modify portions of
that certain "Declaration of Private Easements and Maintenance Agreement" that was
recorded December 21,2005 at Recorder's Number 2005-101303 in the Official Records
of Lane County, State of Oregon, as said portions relate to the private ingress-egress
rights within "Easement AU of s~id document.
WITNESSETH:
NOW THEREFOR, the above Declarants hereby declare the following:
I. Recitals: The recitals set forth hereinabove are made a part of this declaration as though
fully set forth herein.
2. Declaration of EASEMENT: DECLARANTS hereby create a variable width perpetual
easement for private jngress~egress over that certain area that is described in "EXHIBIT
A" attached hereto and made a part hereof for the common benefit of the above tracts of
land. Should any minor discrepancies occur between the as-constructed location of the
driveway improvements and the courses called herein, the as.<:onstructed location shall
supercede the location as called in this instrument.
PRE-SUBMITTAL RECtO
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT AND
MAINTENANCE AGREEMENT JUL 1 0 2009
Page 1 of7
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3.
4.
Nullification of a pollion of previous easement: Amigos Ill, LLC and Liberty Bank
hereby nulhfy and vOId Ihat portIOn of "Declaration of Private Easements and
Maintenance Agreement" that was recorded December 21, 2005 at Recorder's Number
2005-10 1303 in the Official Records of Lane County, State of Oregon lhat relates to
ingress-egresS rights and maintenance thereof as said easement and rights are herein
modified and replace Ihe aforesaid. The easement and mainlenance rights in said
documenl regarding private utilities are not affected by this document and remain in
effect.
Use of EASEMENT: The easement as described hereinabove may be used for vehicular,
equipment and pedestrian ingress and egress purposes by the owners of the above tracls.
No owner shall have the right to park, load or unload any vehicle in the driveway, such as
to block the ingress-egress of the other owners other than in emergency conditions. Use
of the Easement' shall be on a regular. continuous, nonexclusive. non.priority basis,
benefiting the owners. their successors, assigns, lessees. mortgagees, invitees, guests,
customers, agents and employees. However, none of the owners' rights hereunder shall
lapse in the event of that owner's failure to use the Easement and driveway On a
conlinuous basis. The owners or occupiers of the tracts affected by these easements shall
ha,v.e the. right to use their property, including the areas described as the easements, fOT
'any purpose as long as the owners or occupiers do not interfere with lhe use of the
easements as granled by this inslrument.
Maintenance and Repairs: The driveway established within the easement shall be
maintained in a condition which will allow a standard passenger car to pass across said
driveway without sustaining any damage, other than normal wear, The cost of periodic
maintenance and repairs to the driveway within the easement shall be performed and paid
for as follows:
a. In the event that repairs to the driveway become necessary due to the acts of one
of the owners, then that owner shall pay for and perfonn such repairs as are required
under this agreement.
b. In all other events, Ihe cost of repairs and maintenance for the driveways shall be
shared by the owners of the above tracts. The owner of the lands that are described in the
Statutory Wananty Deed lhat was recorded June 30, 2006 al Recorder's Number 2006-
046082 in the Official Records of Lane County, State of Oregon shall be responsible for
ten percent (10%) of the total costs of repairs and maintenance. The remaining owners
shall be responsible for the remaining ninety percent (90%) of the lotal costs of repairs
and maintenance based on a proportionate amounl of said costs [being 90% of lI1e lotal
costs] that is equal to lhe ratio of the area of the land held by lI1at owner relalive to total
land area of said remaining owners lhal are benefited herem. .
c. In the event that an owner fails to perfonn any such ~ecessa.ry mamt~nance and
repairs as required ,the other owners, upon 15 days poor wntten notice to the
nonperfonning own~r. may cause such work to be done with a .right of reimbursement ~or
all sums necessarily and properly el<pCnded to remedy such faIlure. (fthe nonperformmg
owner fails to pay such reimbursement on demand, the owner(s) causmg such work to ~e
d De shall have the immediate righ1 to record a hen agamst the nonperfomnng owner s
p~operty benefited by this agreement. The owners agree that such lien shall be.tr,:"ted as a
cons!ruction lien pursuant 10 ORS Chapter 87, subject to foreclosure and pnonty as set
forth in the construction lien statutes. ...
I e' Each owner shall maintain public liability insurance al all t.mes relatmg to all
nsuranc . d d .
activities conditions, operations and usages on or about the Easement ~n . . nve~~iy.
Each o~er shall indemnify and hold harmless Ihe other owners from any liabilIty ansmg
out of the usage of said Easement and driveway by said owner, their tenants, agents,
employees, guests and invitees. . ~.
Appurtenance: The Easements sel forth herem are not personal or 01 gross bul are
appurtenant 10 each and every portion of the lands benefiled herem. as more parl1cularly
described and set forth hereinabove. '.
Successors and Assigns: The Easement declared herein shall run Wlth ~e lands here~n
described and shall be binding on and shall inure to the benefit o.r the parties hereto, their
heirs, successors and assigns. . .
Breach and Remedies: In addition to the remedies set forth above, a ~~llure by ilIIY. o",:"cr,
their heirs, successors and assigns, to perform any of the condltlOns or obhgatJons
. DDt-~lIBMmAl REC'O
DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENlI-AND
MAINTENANCE AGREEMENT JUL 1 0 2009
Page 2 of7
5.
6.
7.
8.
9.
. .
specified herein, shall constitute a breach of this agreement. In the event of a breach, the
non-breaching owner(s) shall have the right to pursue any and all remedies available,
both at law or in equity, specifically including but not limited to, injunctive relief, it being
acknowledged that there may not exist an adequate remedy at law.
10. Waiver: All rights hereunder are cumulative, and no waiver of any breach of this
agreement shall affect any subsequent breach. No exercise or partial exercise of any
remedy shall be construed to preclude the exercise of any other remedy or of the
remainder of any such partially exercised remedy at a later time, or of the same remedy at
a later time.
11. Effect of Agreement: If any part of this contract is adjudged invalid, the remainder of this
contract shall not thereby be invalidated.
12. Litigation Expenses: In the event this declaration is placed in the hands of an attorney for
enforcement of the provisions contained herein, the prevailing party shall be entitled to
reimbursement from the other party a sum equal to all legal costs, including but not
limited to, costs of trial, any appeal therefrom and costs of execution of any judgment,
including reasonable attorney's fees incurred by said prevailing party as a result of the
breach.
USE
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT
ACCESS
2.'1-1"h
EASEMENT
day of
AND MAINTENANCE AGREEMENT
:Tv. l '1 > 2006
on
this
AMIGOS m, LLC, aD Oregoo Limited Liability Company
~ .
~bJ~
v Rona d E. Thienes, Member
LlliERTY BANK, an Oregon Stock Bank
Sign~~ ~~
Print Name: i3t..,~_.. (~~t...^,
Print Title: <': rC
PRE.SUBMIITAl REC'D
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMEN1jMP 1 0 2009
MAINTENANCE AGREEMENT
Page 3 of7
.
.
STATE OF OREGON )
)ss
County of Lane )
On this ~ day of ~u \ IA , 2006, personally appeared the above
named Ronald E. Thienes, who being duly sworn said that he is a member of Amigos 1IJ, LLC,
and that the above instrument was signed on behalf of said limited liability company and
acknowledged the foregoing instrument to be his voluntary act and deed.
OFFICIAL SEAL
(8 GAlLA WAISANEN
, NOTARY PUBLIC. OREGON
\. / COMMISSION NO. 370001
. .' MYCOMMISSIQNEXPIRESJULY28.200T
LL~ Q, UL---
Notary Public for Oregon
STATE OF OREGON )
)os
County of Lane )
On this.:25~ day of 'd"\~ ' 2006, personally appeared the above
named~" Ctlrl.", , who is the C ~~ of
Liberty Bank and who is known to me to be the identical individual who executed the forgoing
instrwnent and who does hereby acknowledge said instrument to be hislher voluntary act and
deed and that said instrument was signed on behalf of said bank.
_OFFICIAL SEAL
KRISTINA A RICHARDSON
. NOTARY PUBLIC - OREGON
'. COMMISSION NO. 3747fI7
&lYCOlAllSSlONEXPIRES~17.2l,'lJ7
JkGA~k
Notary Public for Oregon
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMP~SYBMIITAL REC'O
MAINTENANCE AGREEMENT JUL l' 0 2009
Page 4 of?
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EASEMENT" A"
PRIVATE INGRESS AND EGRESS EASEMENT
SITUATED in the City of Springfield in the Southeast 1/4 of Section 33 in Township 17 South,
Range 2 West and the Southwest 1/4 of Section 34, Township 17 South, Range 2 West of the
Willamette Meridian and described as follows:
BEING a portion of (1) lands of AMIGOS m, LLC, an Oregon Limited Liability Company,
as said lands are described (a) as "Tract I" in "Exhibit A" of that certain Property Line
Adjustment Deed that was recorded December 21, 2005 at Recorder's Number 2005.101301 in
the Official Records of Lane County, State of Oregon; (b) as "Parcell" in "Exhibit An of that
certain Statutory Warranty Deed that was recorded May 13, 2005 at Recorder's Number 2005-
034709 in the Official Records of Lane County, State of Oregon; (c) in "Exhibits C and D" of
that certain Property Line Adjustment Deed that was recorded March 20, 2006 at Recorder's
Number 2006-018447 in the Official Records of Lane County, State of Oregon; and (d) in
"Exhibits C and D" of that certain Property Line Adjustment Deed that was recorded March 20,
2006 at Recorder's Number 2006-018448 in the Official Records of Lane County, State of
Oregon; and (2) lands of LIBERTY BANK, an Oregon Stock Bank, as said lands are
described in that certain Statutory Warranty Deed that was recorded June 30, 2006 at Recorder's
Number 2006-046082 in the Official Records of Lane County, State of Oregon; said portion
being more particularly described as follows:
BEGINNING at the most'southeasterly corner of "Tract I" as described in "Exhibit A" of said
Property Line Adjustment Deed that was recorded at Recorder's Number 2005-101301 in the
Official Records of Lane County, State of Oregon; which POINT OF BEGINNING lies on the
north margin of the McKenzie Highway as established in the conveyance to the State of Oregon
that was recorded March 4, 1963 at Reception Number 1546 in the Official Records of Lane
County, State of Oregon;
THENCE, leaving said POINT OF BEGINNING and along said north margin of the
McKenzie Highway the following one numbered course: (I) NORTH 87043' 15" WEST 50.00
FEET to the most southerly southwest corner of said "TRACT I "; THENCE, along the
southern-most west line of said "TRACT I" the following one numbered course: (2) NORTH
86.12 FEET to a point of non-tangent curvature to the left; THENCE, crossing into said
"TRACT I" and along the following four numbered courses: (3) along said non-tangent
curvature to the left having a radius center that bears NORTH OSQ 44' 21" WEST 10.00 FEET. a
central angle of 840 15' 39" and a long chord of NORTH 420 07' 49" EAST 13.42 feet, an arc
distance of 14.71 FEET toa point of tangent line that lies parallel with and 12.00 feet westerly
by perpendicular measurement from the north segment of the west line of the lands that are
described in the Statutory Warranty Deed that was recorded at Recorder's Number 2006-046082
in the Official Records of Lane County, State of Oregon; (4) along said tangentJparallelline,
NORTH 74.75 FEET to a point of tangent curvature to the left; (5) along said tangent curvature
to the left having a radius center that bears WEST 4.81, a central angle of 900 00' 00" and along
chord of NORTH 450 00' 00" WEST 6.81, an arc distance of 7.56 FEET to a point of tangent
line; and (6) along said tangent line, WEST 108.68 FEET to a point of tangent curvature to the
left; THENCE, crossing into "Parcel I n as described in "Exhibit A" of said Statutory Warranty
Deed that was recorded at Recorder's Number 2005-034709 in the Official Records of Lane
County, State of Oregon; along the following one numbered course: (7) along said tangent
curvature to the left having a radius center that bears SOUTH 4.81, a central angle of 900 00' 00"
and a long chord of SOlITH 450 00' 00" WEST 6.81, an arc distance of 7.56 FEET to a point of
tangent line that lies parallel with and westerly 0.79 feet more or less by perpendicular
measurement from the east line of said "Parcel I "; THENCE, along said tangentJparallelline
along the following one numbered course: (8) SOlITH 44.15 FEET to a point on the north line of
the lands that are described as "Parcels I, 2 and 3" in "Exhibit A" in the Statutory Warranty
Deed that was recorded at Recorder's Number 2006-008513 in the Official Records of Lane
DECLARATION OF PRIVATE JOINT USE ACCESS EASEME~R~r$JBMIITAL REC'O
MAINTENANCE AGREEMENT
JUL 1 0 2009
Page 5 of7
, ' .
,c.
"._;".,~.<';'" ,,' "-~-. "., .-'
~"L, '...
',.....
...' . '-~''''_.- "-"~'-'-'--~."'-' ~.
County, State of Oregon; THENCE, along said nonh line the following one numbered COurse:
(9) NORTH 89044' 31" WEST 30.00 FEET to a point on a line that lies parallel wilh and 30,00
feet westerly by perpendicular measurement from aforecalled course number (8); THENCE,
crossing into the lands that are described in "Exhibit cn of the Property Line Adjustment Deed
that was recorded at RecOrder's Number 2006-018447 in the Official Records of Lane County,
State of Oregon and in ''Exhibit D" of the Property Line Adjustment Deed that was recorded at
Recorder's Number 2006-018448 in the Official Records of Lane County, State of Oregon along
the following four numbered courses: (10) NORTH 144,18 FEET to a point of tangent curvature
to the left; (II) along said tangent curvature to the left having a radius center that bears WEST
15,00, a central angle of900 00' 00" and a long chord of NORTII 450 00' 00" WEST 21.21, an
arc distance of 23.56 FEET to a point of tangent line; (12) along said tangent line, WEST 173,86
FEET to a point of tangent curvature to the left; and (13) along said tangent curvature to the left
having a radius center that bears SOUTH 20,00, a central angle of 350 26' 46" and a long chord
of SOUTH 720 16' 37" WEST 12.18, an arc distance of 12.37 FEET to a poim of non tangent
line lying on the east margin of 58th Street; THENCE, along said east margin of 58th Street the
following one numbered course: (14) NORTIl33.23 FEET to a point of non-tangent curvature to
the left; THENCE, leaving said margin and crossing into the lands that are described "Exhibit
C" of the Property Line Adjustment Deed that was recorded at Recorder's Number 2006-018448
in the Official Records of Lane County, State of Oregon and in "Exhibit D" of the Property Line
Adjustment Deed that wasrecorded at Recorder's Number 2006-018447 in the Official Records
of Lane County, State of Oregon along the following four ,numbered cO\lrSes: (15) along said
non-tangent'curvature to the left'having a 'radiUs 'center'ihat oears NORTH 430 37' 22" EAST
20,00, a centmJ angle of 43037' 22" and a long chord of SOUTH 680 It' 19" EAST 14,86, an arc
distance of 15.23 FEET to a point of tangent line which line lies parallel with and 24,00 feet
northerly by perpendicular measuremenl from aforecalled course number (12); (16) along said
tangent/parallel line, EAST 174,66 FEET to a point of tangent curvature to Ihe left; (17) along
said tangenl curvature to the left having a radius center Ihal bears NORTII 18,00, a central angle
of 900 00' 00" and a long chord of NORTH 450 00' 00" EAST 25.46, an arc distance of 28.27
FEET to a point of tangent line which line lies parallel with and 24,00 feet westerly by
perpendicular measurement from the northerly exlension of aforecalled course number (8); and
(18) along said tangent/patallelline NORTH 83,85 FEET to a point on the south margin of the
future extension of North "A" Street; THENCE, along said margin and crossing into "Parcell"
as described in "Exhibit A" of said Statutory Warranty Deed Ihat was recorded at Recorder's
Number 2005-034709 in the Official Records of Lane County, State of Oregon; along Ihe
following one numbered course: (19) SOlITH 890 58' 14" EAST 24.00 FEET to a point on a line
that lies on the northerly extension of aforecalled course number (8); THENCE along said line
the following one numbered course: (20) SOlITH 177.39 FEET to a poinl oftangenl curvature 10
the left; THENCE crossing into "Tracl I" as described in "Exhibil A" of said Property Line
Adjustment Deed thaI was recorded at Recorder's Number 2005.101301 in the Official Records
of Lane Counly, State of Oregon and along Ihe following (six) numbeled courses: (2 I) along said
tangent curvature to the left having a radius center that bears EAST 4.81" central angle of900
00' 00" and a long chord of SO lITH 45000' 00" EAST 6.81, an arc distance of 7.56 FEET to a
point of tangent line which line lies parallel with and 24,00 feet northerly by perpendicular
measuremenl from aforecalled course number (6); (22) along said tangent/parallel line, EAST
108,68 FEET to a point of tangent curvature 10 the left; (23) along said tangent curvature 10 the
left having a radius center thaI bears NORTH 4,81, a central angle of 900 00' 00" and a long
chord of NORTH 450 00' 00" EAST 6,81, an arc distance of 7.56 FEET 10 a point of tangent line
which line lies on Ihe northerly extension of afore called course numbCr(4); (24) along said line,
NORTH 67,00 FEET 10 a point of tangent curvature to Iheright; (25) along said tangent
curvature to the right having a radius center that bears EAST 48,00, a central angle of 450 02'
45" and a long chord of NORTII 220 31' 23" EAST 36.77, an arc distance of 37.74 FEET 10 a
point oftangenlline; and (26) along said tangent line, NORTH 450 02' 45" EAST 35.57 FEET to
a point on lhe south margin of the future exlension of North "A" Street; THENCE, along said
margin the following two numbered course: (27) SOUTH 440 58' 14" EAST 10.76 FEET to a
poinl of tangent curvature to Ihe left and (28) along said tangent curvature 10 the left, having a
radius center thaI bears NORTH 450 01' 46" EAST 223.18 FEET, a central angle of 030 24' 04"
and a long chord of SOUTH 460 40' 16" EAST 13.25 FEET, an arc distance of 13.25 FEET to a
point on a line that lies parallel with and 24,00 feel southeasterly by perpendicular measurement
from aforecalled course number (26); THENCE, along said parallel line and a line that is
DECLARATION OF PRIVATE JOINT USE ACCESS EASEMwr-l'lDB~mrr'^l REC'D
MAINTENANCE AGREEMENT "I",JU II, f'\
JUL 1 0 2009
Page 6 of7
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parallel with and 24.00 feet southeasterly and easterly by perpendicular measurement from
aforecalled course numbers (25) and (24) the following three numbered COurses: (29) SOUTH
45002' 45" WEST 35.97 FEET to a point of tangent curvature to the left; (30) along said tangent
curvature to the left having a radius center that bears SOUTH 440 57' 15" EAST 24.00, a central
angle of 450 02' 45" and a long chord of SOOTH 220 31' 23" WEST 18.39, an arc distance of
18.87 FEET to a point of tangent line which tangent line also lies parallel with and 12.00 feet
easterly of the north segment of tbe west line of the lands that are described in the Statutory
Warranty Deed that was recorded at Recorder's Number 2006-046082 in the Official Records of
Lane County, State of Oregon; and (31) along said tangent/parallel line, SOUTH 70.74 FEET to
a point on the north line of last said lands; and THENCE, leaving said north line and crossing
into last said lands along the following three numbered courses: (32) continuing along last said
tangent/parallel line, SOUTH 100.81 FEETto a point that lies on a line that lies parallel with and
12.00 feet northeasterly by perpendicular measurement from the south segment of said west line
of the lands that are described in the Statutory Warranty Deed that was recorded at Recorder's
Number 2006-046082 in the Official Records of Lane County, State of Oregon; (33) along said
parallel line, SOUTH 16" 07' 28" EAST 61.07 FEET to point on a line that bears North from the
POINT OF BEGINNING; and (34) along last said line, SOUTH 43.21 FEET RETURNING to
the POINT OF BEGINNiNG and containing 24,959 Square Feet more or less.
PRE-SUBM/lTAl REC'O
1 0 2009
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT A~YL
MAINTENANCE AGREEMENT
Page 70f7
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p,llV
Recorded at the request of and
after recording return 10:
Division 0' Chief Deputy Clerk
~ane County D.eds and Records'
~~~o-~~Jn~
$46,00
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
""111111111111111111111111 "'"11 II11~ 11111111
008284072006005332~40048
07/26/2006 10:13:22 All
RPR-EsnT Cnl=2 SlnolS CASHIER 02
SS.OO $20.00 SIO.OO SII.oo
DECLARA nON OF PRIVATE JOINT USE STORM
DRAINAGE EASEMENT AND MAINTENANCE
AGREEMENT
The true and actual consideration for this declamtion is other than monetary.
KNOW ALL PERSONS BY THESE PRESENTS, that AMlGOS m, LLC, an
Oregon Limited Liabilitj Company, hereby declares the following:
RECITALS:
I) WHEREAS AMIGOS U1, LLC, an Oregon Limited Liability Company, being a
Grantor Bnd Grantee herein, is the owner of (a) the lands that are described in
"Exhibits C and D" in the Property Line Adjustment Deed that was recorded March 20,
2006 at Recorder's Number 2006-018447 in the Omcial Records of Lane County, State
of Oregon; (b) the lands that are described in "Exhibits C and D" in the Property Line
Adjustment Deed that was recorded March 20, 2006 at Recorder's Number and 2006-
018448 in the Official Records of Lane County, State of Oregon; (c) the lands that are
described as "Tract ]" in "Exhibit A" in the Property Line Adjustment Deed that was
recorded December 21, 2005 at Recorder's Number 2005-101301 in the Omcial Records
of Lane County, State of Oregon (d) the lands that are described as "Parcel]" in "Exhibit
A" in the Statutory Warranty Deed that was recorded May 13, 2005 at Recorder's
Number 2005-034709 in the Omcial Records of Lane County, State of Oregon;
2) WHEREAS LffiERTY BANK, an Oregon Stock Bank, being a Grantee be rein, is
the owner of tbe 'Iands that are described in the Statutory Warranty Deed that was
recorded June 30, 2006 at Recorder's Number 2006-046082 in the Omcial Records of
Lane County, State of Oregon;
2) WHEREAS AMlGOS U1, LLC is requesting Final Site Plan approval from the City of
Springfield; and
3) WHEREAS AMIGOS m, LLC desires to create easements for private storm drainage
purposes and define maintenance responsibilities on certain areas and facilities for the
benefit of the present and future owners of the above lands as described below.
WITNESSETH:
NOW THEREFOR, the above Grantor hereby declares and conveys as follows:
A) Easement Created: AMTGOS III, LLC hereby creates a perpetual easement for the
benefit of all those lands described in Exhibit "A", attached hereto and made a part
hereof, as said easement is described in Exhibit "B", attached hereto and made a part
hereof. for private stormwater purposes.
B) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
C) Use of the Burdened Provertv: The owners or occupiers of the lands affected by
this easement shall have the right to use their property, including the areas described as
the easement. for any purpose as long as the owners or occupiers do not interfere with the
use of the easements as granted by this instrument.
D) Maintenance and Reoairs: The cost of any maintenance or repair of the stann drainage
improvements within the easement area shall be the responsibility of the owners of those
lands that are descnbed as 'Tract ]" in Exhibit "A" of said Property Line Adjustment
Deed that was recorded at Recorder's Number 2005-101301 in the Official Records of
Lane County, State of Oregon.
DECLARA nON OF PRlV A IE JOINT USE STORM DRAINAGE EPPU1}3~AbTfAl REC'O
MAlNTENANCEAGREEMENT JUL 1 0 Z009
Page I of4
......
....,..,.',....,......"...............,..........
.
E) Successor> io Interest:The provisions of this iostrument touch and concern, aod relate to
the use of those lands described in Exhibit "A", attached hereto and made a part hereof,
and are intended to be covenants and restrictions running with the land. All provisions of
this instrument, including the benefits and burdens, are binding and inure to the heirs,
successors, assigns, transferees, and personal representatives of all owners of any of the
afo"rementioned lands.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT
USE STORM DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT on this
II day of 'J" 1,& ' 2006
Amigos m, LLC an Oregon Limited Liability Company
STATE OF OREGON
)
)...
)
CountY of Lane' .
On this...JL day of 'J L< I:e;: , 2006, personally appeared the above
named Ronald E. Thienes, who b ng duly sworn saId that he IS a member of Amlgos III, LLC,
and that the above instrument was signed on behalf of said limited liability company and
acknowledged the foregoing instrument to be his voluntary act and deed.
---BAP~L ~ r2a.L
Notary Public for Oregon
(8 OFFICIAL SEAL
BRENDA LEE CARLIN
\ ~. i. NOTARY PUBLIC. OREGON
. / COMMISSION NO. 368530
MYCOMMISSION EXPIRES JUNE 7,2007
PRE-SUBMITTAL REeD
DECLARA nON OF PRIVATE JOINT USE STORM DRAINAGE EASEMENill~l 0 2009
MAINTENANCE AGREEMENT .
Page 2 of 4
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EXHIBIT oAK
,
BENEFITED LANDS
BEING a tract of land in the Southeast 114 of Section 33 in Township 17 South, Range 2 West
and the Southwest 1/4 of Section 34 in Township 17 South, Range 2 West of the Willamette
Meridian in Lane County, State of Oregon; said tract is described as follows:
ALL those the lands that are described as "Tract I" in "Exhibit A" in the Property Line
Adjustment Deed that was recorded December 21, 2005 at Recorder's Number 2005-101301 in
the Official Records of Lane County, State of Oregon; EXCEPTING therefrom, any portion
thereof that lies northerly of the south margin of the future extension of North "A" Street;
ALSO that portion of the lands that are described in the Statutory Warranty Deed that was
recorded June 30, 2006 at Recorder's Number 2006-046082 in the Official Records of Lane
County, State of Oregon that lies within the Joint Use Access Easement that is described in that
certain Joint Use Access Easement and Maintenance ~eementthatwas recorded :r;;. ~
_ ~ 2006 at Recorder's Number 2006- t:?";j 31 q in the 0 cial
Records of Lane County, Stale of Oregon;
ALSO that portion of the lands described as "Parcell" in "Exhibit A" in the Statutory Warranty
Deed that was recorded May 13, 2005 at Recorder's Number 2005-034709 in the Official
Records of Lane County, State of Oregon that is contained within those lands that are described
in said Joint Use Access Easement and Maintenance Agreement;
ALSO those portions of the lands that are described in ExhIbits "C" and "D" in the Property
Line Deed that was recorded March 20, 2006 at Recorder's Number 2006-018447 in the Official
Records of Lane County, State of Oregon that is contained within those lands that are described
in said Joint Use Access Easement and Maintenance Agreement; and
ALSO those portions of the lands that are described in Exhibits "C" and "D" in the Property
Line Deed that was recorded March 20, 2006 at Recorder's Number 2006-018448 in the Official
Records of Lane County, State of Oregon that is contained within those lands that are described
in said Joint Use Access Easement and Maintenance Agreement
PRE.SUBMITTAL REeD
DECLARATION OF PRIV ATE JOINT USE STORM DRAINAGE EASEMm!JtA~ll 2009
MAINTENANCE AGREEMENT
Page3 of 4
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EXHmlT "B"
PRIVATE JOINT USE STORM DRAINAGE EASEMENTS
SITUATED in the Southeast 114 of Section 33 in Township 17 South, Range 2 West and the
Southwest 1/4 of Section 34 in Township 17 South, Range 2 West of the Willamelte Meridian in
Lane County, State of Oregon and described more particularly as follows:
PARCELl
BEING the east 5.00 feel by perpendicular measurement of the lands that are described as
"Parcell" in "Exhibit A" in the Statutory Warranty Deed that was recorded May 13,2005 at
Recorder's Number 2005-034709 in the Official Records of Lane County, State of Oregon;
EXCEPTING therefrom all that portion lying northerly of the southerly margin of the future
extension of North " An Street.
PARCELl
BEING a strip ofland of uniform width of25.00 feet lying within the lands that are described as
"Tract I" in "Exhibit A" in the Property Line Adjustment Deed that was recorded December 21,
2005 at Recorder's Number 2005-101301 in the Official Records of Lane County, State of
Oregon the south line of said strip being more particularly described as follows:
BEGINNING at the westerly terminus of that certain south line of said deed that has a bearing
and distance of South 890 44' 31" East 108.52 fee~ THENCE, leaving said POINT OF
BEGINNING and along said south line and its westerly prolongation SOUTH 890 44' 31"
EAST 117.52 FEET to . point on a line that lies parallel with and 9.00 feet easterly by
perpendicular measurement from that certain westerly line of said "Tract I" that has a bearing
and distance of South 132.18 feet. '
The westerly and easterly'limits of said easement being (I) the western-most west line of said
"Tract I" and (2) the aforesaid line that lies parallel with and 9.00 feet easterly by perpendicular
measurement from that certain westerly line of said "Tract I" that has a bearing and distance of
South 132.18 feet, respectively.
PARCEL 3
BEING a strip of land of uniform width of 5.00 feet lying within the lands that are described as
"Tract 1" in "Exhibit A" in the Property Line Adjustment Deed that Was recorded December 2 I,
2005 at Recorder's Number 2005-101301 in the Official Records of Lane County, State of
Oregon, the centerline of said strip being more particularly described as follows:
BEGINNING at the point of intersection of the northern-most west line of the lands that are
described in the Statutory Warranty Deed that was recorded June 30, 2006 at Recorder's Number
2006-046082 in the Official Records of Lane County, State of Oregon with a line that lies
parallel with and 9.00 feet northerly by perpendicular measurement from the easterly extension
of that certain south line of aforesaid "Tract 1" that has a bearing and distance of South 890 44'
31" East 108.52 feet; THENCE, leaving said POINT OF BEGINNING and along said parallel
line, NORTH 890 44' 31" WEST 12.00 FEET to a point on a line that lies parallel with and 9.00
feet easterly by perpendicular measurement from that certain westerly line of said "Tract I" that
has a bearing and distance of South 132.18 feet. RE,,;~~l:REo
PROFESSIONAL
LAND SUI1VEY R
C~EG N
JULY 20, 1993
o ~_~EP"~,8rnAI R~C'D
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DECLARA nON OF PRIVATE JOINT USE STORM DRAINAGE EASEMEm:U ,AND 0 Z[tlJ'Ji,7
MAINTENANCE AGREEMENT JUL 1
Iq lJCfp
Page 4 of4
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PUBLIC UTILITY EASEMENT
(5l ILl'
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Tax Map & Lot Numbers Map 17.()2.33-41 Lots 2501,2502,2602 and 2900; Map 17.02.34-32
Lots 200 and 400 (on the date of execution)
THIS INDENTURE MADE and entered into this 24ti, day of ~ '^ I..., ,2006 by and between
Amigos III, LtC, an Oregon limited Liability Company, hereinafter referred taJas the Grantor(s), and the CllY
OF SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as the Grantee.
WITNESSETH: In Consideration of lhe acceptance by Grantee and the use or holding of said easement for
present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey unto the Grantee, a
perpetual easement 7.00 feet In width. together with the right to go upon said easement area hereinafter
described in Exhibit .A~ for the purpose of constructing, reconstructing, maintaining and using PUBLIC unUTlES
which may hereafter be installed on the following described property, to.wit:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
TO HAVE AND TO HOLD the above easement unto the said Grantee, Its successors and assigns forever.
IN WITt"ESS WHEREOF, the Grantors above named have hereunto set their hands and seals this
ZL11i-.,dayof -:T~\J ,2006
AMIGOS III, LLC, an Oregon Limned Liability Company
/~~,~mbe~/~~
STATE OF OREGON
COUNTY OF LANE
} 55
BE IT REMEMBERED that on this t.1 day of ~,,\.., , 2006, before me, the
undersigned, a notary public In and for said County and State, personally appeared the within named Ronald
E. Thienes whose identity was proved to me on the basis of satisfactory evidence and who executed the within
instrument and acknowledged to me that the above instrument was signed on behalf of said limited liability
company and acknowledged the foregoing instrument to be his voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last
above written.
OFFICIAL SEf\L
G/;ILA WAISANEN
NOTA:'~''f Pt.i8L1C - OP,EG~N
CC:'.:I:j\.sSlcrn~(). ':-70001 ,:
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Notary Public for Oregon
~ 2-8. '"llX>,
My Commission Expires
THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Munidpal
Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby
accepted.
CITY OF SPRINGFIELD
By:
fJ.__.-9#~
Dennis P. Emst - City of Springfield Surveyor
5ep-r~MfUL ..s:; ZaolD
Date
Division of Chi.' Deputy Clerk
Lane County D..ds end Records
~~~6.~66~~~
1111111111111111111111111111111111111111111111111 $31.00
00843310200600663240020029
09/12/2006 01:13:47 PM
RPR-EsnT Cnlol Slno3 CASHIER 06
SIO.OO SIO.OO SII.OO
PRE-SUBMITTAL REC'O
. 1111 1 0 2009
RETURN TO: CITY OF SPRINGFIELD. PUBLIC WORKS DEPT. 225 FIFTH STREET .SPRINGFIELO, b'REGdN 97477
Z:'tREHEE E-MM......,p~PI'llNGF1E1DlCityf~UldilyE--"-Cal>CnIiOn-_ .
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EXHIBIT "A"
7.00-FOOT PUBLIC UTILITY EASEMENTS
SITUATED in the City of Springfield in the Southwest 114 of Section 34 and the Southeast 1/4 of Section 33,
Township 17 South, Range 2 West of the Willamette Meridian and describE!d as fOllows:
BEING two portions of the lands that were conveyed to Amigos III, LLC, an Oregon Umited Uabifity Company,
(1) as "Tract 1 after Property Line Adjustmenr in "Exhibit A" of that certain Property Line Adjustment Deed that
was recorded December 21, 2005 at Recorders Number2005-101301 in the OffICial Records of lane County,
State of Oregon; (2) as "Parcel 1" in "Exhibit A" in the Statutory Warranty Deed that was recorded May 13,
2005 at RecorderS Number 2005-034709 in the Official Records of lane County, State of Oregon; (3) in
"Exhibit 0" in the Property line Adjustment Deed thai was recorded March 20, 2006 at Recorder's Number
2006-018447 in the OffICial Records of lane County, State of Oregon; end (4) in "Exhibit C" in the Property
Une Adjustment Deed that was recorded March 20, 2006 at Recorder's Number 2006-018448 in the Official
Records of Lane County, State of Oregon; said portions being more particularly described as followo:
BEING two strips of land each 7.00 feet in width lying adjacent to and northerly of and southerly of the north
and south margins of, respectively, the North -A" Street right-of-way as granted to the City of Springfield in that
Bargain and Sale Deed as recorded <)Pp+' 12,200& at Recorders Number lorx.,. 10& :;23
-==. Lane County Official Records. .
The easterly margin of said strips being the easterfy boundary of said "Tract 1 after Property Line Adjustmenf'
(Recorders Number 2005-101301). The weslerty mergin of the northerly 7.00 foot slrlp being the westerly
. boundary of said "Parcell" in "Exhibit A" (Recorders Number 2005-034709). The westerly margin of the
southerly 7.00 foot strip bein9the westerly boundary of said "Exhibit C" (Recorders Number 2006-018448).
:J:, R~GI~J,~~O~
PROFESSIONAL
LAN'p SURVEYOR
OR N
JULY 20, 1993
REXA. BETZ
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PRE-SUBMITTAL REC'O
JUL 1 0 2009
RETURN TO, CITY OF SPRINGFIElD- PUBLIC WORKS DEPT -225 FIFTH STREET -SPRINGFIELO. OREGON974n
Z:\2OClS~2040 TIMI....l*1lliorllSURVEYIPARTlllON OOCUMEHT~UliIily Ea.menI.doC:
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EASEMENT
rr;f 115
Tax Map & Lot Numbers 17.02-34-32lt 200&oortlon 400 (on the date of execution)
THIS INDENTURE MADE .nd .nter.d into this 13-\1.- d.yof fe.\oY<-<"l' '1 ,200Lj>y.nd between
Ami os III LLC an Or on Limned Llabir Com h.reinaft.r ref.rred to a. the Grantor(.), and
the CITY OF SPRINGFIE 0, a municipal corporation, In ne COunty, Oregon, h.relnafter r.f.rred to.. the
Grantee.
WITNESSETH: In COn.id.raijon of the acceptance by Grente. .nd the u.. or holding of said eas.m.nt for
pr.sent or future public use by Gr.ntee, Grantors h.reby grant, barg.ln, sell.nd conv.y unlo the Gr.nte., .
perpetu.' .asem.nt togeth.r with the rightto go upon said eesement .re. h.relnafter described In Exhlbn "A"
for the purpose of constructing, reconstructing, malntelnlng .nd using Dubllc .ldewalk which m.y
her.after b. In.talled on the following descrlbed property, to-Wit:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN eY REFERENCE
TO HAVE AND TO HOLD the .bov. ....ment unto the s.ld Grant.e, Its successors end ..slgn. forever.
IN WITNESS WHEREOF, the Gr.ntors .bDV. n.med have her.unto set th.lr hands .nd seals thl.
!'"?1(" ,day of FeloY1.<tl. Y ~ ,2002..-
'li#dl ,~
t/
(SEAL) &//II~,f',e,
(TITLE)
(SEAL)
(TITLE)
STATE OF OREGON } 55
COUNTY OF L.ne
BE IT REMEMBERED th.ton this l:l,t\... day of 'f'eby",,,y~ ,200L-before m., the
undersigned, . notal)' public In .nd for s.ld County .nd Stat., pe n.lly .ppeared the within n.med
Ron.1d E. Th.ln.. whose Identity
was prov.d to me on the b..ls of satlsf.ctol)' evidence .nd who by me dUly swom, did say th.t he
IsI.r. . member of the within n.med Limited LI.blllty Comp.ny .nd does
.cknowledge s.ld Instrument to be the free .ct end deed of said Llmfted liability COmpany.
IN TESTIMONY WHEREOF, I heve h.reunto set my h.nd end efflxed my offlclelsael the day end year last
ebov. written. /J
OFFICIAl6EAl ~(./ at
GAIL A WAISANEN -
NO,^RVPUULlC' OREGON Notal)' ubllc for Oregon
COMMISSION NO. a70001
MY COS.1Ml&3ION EXP1J'.~S J~LY 28, 2007 "I (A \ I A 1 ~ 1 tJn 7
My Commission expires
THE CONVEYANCE eet forth In this Instrum.nt conveying fiIJe or Inl.restto the City of Springfi.ld, a Municipal
COrporation of the State of Oregon, Is h.reby .pproved, and th.litI. or Inter.st conveyed therein Is h.reby
accepted.
CITY OF SPRINGFIELD
By:
j)~
D.nnla P. Emst - City of Springfield Survayor
fER 2tJT1i,. 2007
D.te
Division 0' Chi., Doputy CI.rk 'M1.~1'6~'
LanG County D..d. and Records 'UU u,~,
n~m!llJ]l~lllJl~~JU~Jmlllllllllll $31,00
02/23/200701:05:25 PM
RPR-EsKT ent.1 stn"S CRSNIER 07
slD,OO $ID.DO $II,DO
PRE-SUBMITTAL REC'O
JUL 1 0 2.009
RETURN TO: CITY OF SPRINGFIELD. PU6llCWORK6 DEFT. 225 FIFTH STREET. SPRINGFIELD, OREGON 97477
Z.12OCl$'(l5.2llo4OThmflII"f1lllon\SlJRVa\Sl0EWAlJ(EA8EtolEHT~~doc
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EXHIBIT 'A'
LEGAL DESCRIPTION
Snualed In the City of Springfield, Lane County, Sleleof Oregon In the Northwesl114 of the Southwest 114
of Section 34, Township 11 South, Range 2 West of the Wlllemette Meridian and described as follows:
BEGINNING at the northeast corner of Parcel 2 of land Partition Plat Number 2001.P2069 as platted and
recorded on February 12, 2001 In the Lana County Oregon Plat Records; THENCE along a 223,16 foot
radius curve to the right, lhelong chord of which baars NORTH 63"24'09' WEST, 4.10 feet, 4.10 feet, to a
point; THENCE along a non-fangent line SOUTH 34'10'46" EAST, 3.15 feet, to a point THENCE SOUTH
69"31'29" EAST, 2.56 feet, to a point on the eaat line of said Parcel 2; THENCE NORTH, 2.58 feet,
RETURNING to the POINT OF BEGINNING.
PRE.SUBMITIAl REClD
JUL 1 02009
RETURN TO: CITY OF SPRINGFIELD .PUBlIC WORKS DEFT .225 FIFTH STREET. SpRINGFIElO, OREGON974n
z.12OO5\05-2(lolOThf~parl~tJR'Vrn8IDEWALK~~ion.doc
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PUBLIC SIDEWALK AND INGRESS-EGRESS EASEMENT
6F /41
,.----.
Tax Map & Lot Numbers 17-02-34-32 TL 200&oortlon 400 and
17-l1'_:1:u.1 TI 29nOR.?AO? (on the date of execution)
. If/- ,.?7. I
THIS INDENTURE MADE and entered into thl. ~ day 01 if"", , 200L-J>y and between
Amlgos III. UC an Oreaon Limited liabilitY Companv, hereinafter referred to as the Grantor(s), and
the CITY OF SPRINGFIELD, a municipal corporation, In Lane County, Oregon, hereinafter relelTed to a.the
Grantee.
WITNESSETH: In Consideration of the acceptance by Grantee and the use or holding 01 said easament lor
present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey unto the Grantee, a
perpetual easemanttogetherwlth the rtght to go upon said easement araa hereinafter descrtbed In Exhlt>n"A"
lor the purpose of con.tructing, recon.tructing, maintaining and u.lng publiC .Idewalk wltlch may
hereafter be in.talled on the loUowlng descrtbed property and to use the driveway apron lor Ingre.:Hg.....
purposes, to-wit
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN ay REFERENCE
TO HAVE AND TO HOLD the above easement unto the said Grantee, Its successors end assigns torever.
IN WITNESS WHER5PF, the Grantors above named have hereunto sat their hands and seals thl.
".1/ ,dayol _C,U;/""'I' t-lP\1?cl4 ,2002:..-
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Amigo. III, LLC
(SEAL)
Member
(mLE)
} SS
BE IT REMEMBERED that on this 1 day 01 MUC'G"'. 20lU--before me, the
undersigned, a notary pUblic In and tor said County and State, personally appeared the within named
Ronald E. Thlene. wltosa Identity
was proved to me on the basis 01 satisfactory evidence and wlto by me duly swom, did say that he
i. a member 01 the within named Umlted Liability Company and doe.
acknowledge said Instrument to be the tree act and deed of .aid Limited Liability Company.
IN TESTIMONY WHEREOF, I have hereunto .et my hand and affixed my official seal the day and year la.t
above written.
OFFICIAL SE~~EN
GIIILAWAISA..
NOTARY MLlC. OREGON
COMMISSION NO. 370001
MY CO~iM\SSI{)N EXPIf'~SJ~ 2B. ZOOt
.~()w '
Notary Public for Oregon
M~g~~ss~ ExJ;:o7
THE CONVEYANCE set forth In thi.ln.trument conveying lItte or Interest to the City 01 Sprtng1leld, e Municipal
Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby
accepted.
CITY OF SPRINGFIELD
By:
fl... ~
'i-
MAUH ~ ZOCJ7
Date
Dennis p, Emst - City 01 Sprtng1leld Surveyor
PRE.SUBMITTAL REC'O
JUL 1 0 2009
Dlvlelen 0' Chle' Dep"Ey Clerk ~007.0171~5
Lane County D..d. and Record. , U
/111""111111111111 11111111111111111111111111 III $31,00
0089108&200700171860020021
, 03/14/200703:45:04 PM
RPR-E$~ CnE.1 SEn.6 CRSHIER 0&
'10,00 $10,00 '11.00
RETURN TO: CITY OF SPRINGFIELD- PUBUC WORKS DEPT. 226 FIFTH STREET. SPRINGFIELD, OREGON97477
$..,.""IY M(;'f/~!I
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EXHIBIT 'A'
LEGAL DESCRIPTION
Sltuatsd In the City of Sprlngfleld, Lane County, State of Oregon In the Southeast 1/4 of Section 33 and
the Southwest 1/4 of SectIon 34, Township 17 South, Range 2 Weslofthe W1llamette Meridian and
described as follows: ....LZ. "l..
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BEING a portion of (1) Parcel 2 of Land Partition Plat Number2007-P2089 as pi and recorded on
Febru9/)' 12, 2007 In the Lane County Oregon Plat Records, (2) Parcel"B" AIle Adjustment as described
In that Property Line Adjustment Oeed recorded on March 20, 2008 as Reoeption Number 2008-018447 In
the Lane County Oregon Official Records, and (3) Parce~of that StatutoI)' Warranty Deed recorded on
May 13, 2005 as RecepUon Number 2005-034709 In the no County Oregon Official Records; being
more par1leulal1y dascrlbed as follows: 7L 'Z-'loo
BEGINNING at the northwest comer of Parcel 2 of said partition plat; THENCE along the south margin at
North 'A' Street SOUTH 89"58'14" EAST, 10.23 teel to a point THENCE SOUTH 67'3'21" WIEST, 12.19
teel, to a point THENCE NORTH 89"56'14" WIEST, 24.41 feet to a point THENCE NORTH 00'50'34"
WIEST, 12.11 feet to a point on the aforesaid south margin at North 'A' Street; THENCE elong asld south
margin SOUTH 89'58'14" EAST, 36.53 feet RETURNING to the POINT OF BEGINNING.
PRE-SUBMITTAL REC'O
JUL 1 0 2009
RETURN TO: CITYOFSPRINGFIElD. PUBLIC WORKS DEPT -225FJFTH STREET -SPRINGFIELD, OREGON 97477
z.~T'tJIIrw~~lI~~Accea"-.doc
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Tax Map & Lot Numbers 1Hl2.34-32 TL 200&portlon 400 (on the dale of execution)
THIS INDENTURE MADE and entered Into this 7~.i dayof Ift.,<;~ ,200Lbyandbetween
Ami~os III. LLC an Ore~on limited liability Comoanv. hereinafter referred to as the Grantor(s), and
the CITY OF SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as the
Grantee,
EASEMENT
fFl1
WITNESSETH: In Conslderetion of the acceptance by Grantee and the use or holding of said easement for
present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey unto the Grantee, a
perpetual easement together with the rlght to go upon said easement area hereinafter described In Exhlb~ 'A'
for the purpose of constructing, reconstructing, maintaining and using public sidewalk which may
hereafter be Installed on the following described property, to-wit:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
TO HAVE AND TO HOLD the above easement unto the said Grantee, Its successors and ..signs forever,
IN WITNESS WHERE~, the Grantors above named have hereunto set thalr hands end seals this
7'~ , day of 1!&l,t" '( {If '-'11>.1'" II- ,200Z--
.
Amlgos III, LLC
4:tj,&-.r:-
'C/Rona . enes
STATE OF OREGON }
COUNTY OF Lane 55
(SEAL)
Member
(TInE)
BE IT REMEMBERED that on this 1 day of 1"I'lurc- '^ ,200L-before me, the
undersigned, a notary public In and for said County and State, 1 personally appeared the wlthln named
Ronald E. Thlenes whose Identity
was proved to me on the besls of satisfactory evidence end who by me duly sworn, did say that he
is a member of the within named Limned Liability Company and does
acknowiedge said instrument to be the free act end deed of said Limited Llabllny Company.
IN TES11MONY WHEREOF, I have hereunto set my hand and affixed my offioialseal the day and year last
above written.
Jj,. :f U, u/
Notary Public for Oregon
,\ lk\LA 'Z.1?, U>~::t
My CommiSsion Expi}es
THE CONVEYANCE seHorth in this instrument conveying title or Interest to the cny of Springfield, a Munlclpal
Corporetion of the State of Oregon, is hereby approved, and the ooe or Interest conveyed therein Is hereby
accepted.
(I) OFFICIAL SEAL
GAIL A WAISANEN
:, i NOTARY PUBLIC. OREGON
'. ">' COMMISSION NO. 370001
My COMMISSION EXPIJ:ES JUlY 28, 2W1
CIlY OF SPRINGFIELD
By:
~~
Dennis p, Emsl. cny of Springfield Surveyor
I1I4/CCH 9;,:Z (X)7
Date
Dlvlolon 0' Chle' Deputv Clork '^ft1.ftI11!!
Lane County Deeds and Records 'UU U Ug
11111111111111111111 11111111111111111111111111111 $31,00
00891088200700171680020027
03/14/2007 03:45:04 PM
RPR-ESnT Cnt=1 Sln=S CASHIER 08
$10.00 $10,00 $11,00
PRE-SUBMITTAL REC'O
JUL I 0 2009
RETURN TO: CIlY OF SPRINGFIELD. PYBUC WORKS DEPT. 225 FIFTH STREET. SPRINGFIELD, OREGON97477
. >vAr1lY'Jt!t:rJOH
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EXHIBIT 'A'
LEGAL DESCRIPTION
Situated In the City of Springfield, Lane County, State of Oregon In the Southwest 1/4 01 Section 34,
Township 17 South, Range 2 West of the Willamette Meridian and described as follows:
BEGINNING at a point on the south margin of North 'A' Street at the southeastariy tarmlnus ofthatceriain
line that has a bearing and distance of SOUTH 44'58'14" EAST, 31.40 feet as shown on Land Pariltlon
Plat Number2007"P2089 as platted and racordad on February 12, 2007 In the Lane County Oregon Plat
Recorda; THENCE along a 223.18 foot radius curve to the loft, the long chord ofwhloh bears SOUTH
47'54'19" EAST, 22.85 feet 22,88 feet, to a point THENCE along a non-langent IIna NORTH 74'15'24"
WEST, 10.37 feet to a point THENCE NORTH 44'59'29" WEST, 25.58 feet, to a point THENCE
NORTH 18'43'33" WEST, 8.85 feet to a point on the southem margin of North 'N Street; THENCE along
said southem margin SOUTH 44'58'14" EAST, 17.48 feet RETURNING to the POINT OF BEGINNING.
'f'
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---------
PRE-SUBMIITAl REC'D
JUL I 0 2009
RETURN TO: CITY OF SPRINGFIElD- PUBLIC WORKS OEPT . 228 FIFTH STREET .SPRINGFIELD, OREGON97477
z,12OOl5\ll5.204t n....1*f/llOrI\SURVE'1\6JOEWAU( EASEMEHTS'PIakle-r.. ~12 ""'.cIoc
RlMSEDSIptllntIor,2004
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File 30739
Drawing 8B-8-10
INDENTURE OF ACCESS
THIS INDENTURE, made and executed this c2{,
day of
~
,-'
,20tJiz., by and between the
STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called 'State", and
AMIGOS III, lie, AN OREGON UMITED LIABilITY COMPANY, hereinafter called "Owner".
WHEREAS, State by Warranty Deed recorded March 4, 1963, in Reel 213D, Document No. 1546, Lane County
Deed Records, acquired certain property; which Warranty Deed, in part, reserved access rights, for the service of the
grantor's remaining property, to and from the Northerly side of the Eugene-Springfield Highway, opposite EngIneer's Station
.282+50, (Reserved Acces.s.Rights);and .
WHEREAS, Owner, by deed recorded May 21,2004, Document No. 2004-038460, Lane County Deed Records,
acquired fee title to that portion of said remaining property affected by the access changes herein made; and
WHEREAS, Owner has requested that Owner's Reserved Access Rights set out above be terminated, and that
access rights be substituted; therefore to and from the Northerly side of said highway opposite Engineer's Station 282+65, in
a width of 30 feet, (New Access Rights); and
WHEREAS, Stete is agreeable to the granting of OWner's request.
RETURN TO
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION
355 CAPITOL STREET NE, ROOM 420
SALEM OR 97301-3871
(
Division of Chief Deputy CI.~k
Lane County Deeds and Reco~d.
PRE-SUBMITIAL RECIO
JUL 1 0 2009
4/04/05
Page 1 of3 -IA
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File 30739
Drawing 8B-8-10
NOW THEREFORE, THIS INDENTURE WITNESSETH, that for and in consideration of the grant herein made by
State, OWNER does convey unto State, ~s succeSSors and assigns, Owner's Reserved Access Rights as set forth above,
and STATE, in consideration of the relinquishment and warranties herein made, does grant New Access Rights as set forth
above unto Owner and Owner's heirs, successors and assigns.
The other remaining provisions in the above-mentioned Warranty Deed to Slate shall remain in full force and effect,
and the access rights herein granted shall be subject to all the provisions of said Warranty Deed, as fully as if set forth
herein.
OWner represents and warrants that no one, other than Owner, is using or entitled to use the Reserved Access
Rights herein relinquished.
The New Access Rights granted herein are subject to, and may only be exercised in accordance with, the statutes
and administrative rules applicable to access control and road approaches. Such access is contingent upon issuance of an
approach road permit. and no access rights may be exercised or construction of an approach road begun unless, and until, a
standard Approach Road Permit application is submitted and a perrn~ issued by the Oregon Department of Transportation.
The approach road may only be constructed or maintained upon issuance of such permit and in accordance with such
permit. If the State constructs the approach road during a highway project, Grantor is required to sign a standard Approach
Road Permit to ensure proper operation and maintenance of the approach road.
4/04/05
Page20f3 -IA
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PRE-SUBMITTAL REC'D
JUL ] () 2009
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File 30739
Drawing 8B-8-10
In construing this document, where the context so requires, the singular includes the piural and all grammatical
changes shall be made so that this document shall apply equally to corporations and to individuals.
IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first written above.
STATE OF OREGON, by and through its
DEPART NT OF TRANSPORTATION
AMIGOS III, LLC, AN OREGON LIMITED LIABILITY
COMPANY
STATE OF OREGO~, County of Marion ?
Dated ~ ~p ,20 {)S . Personally appeared Deolinda G. Jones, who being swom, stated that
she is the Right of Way Manager for the State of Oregon, Debartment of Transportation, and that this document was
I
voluntarily signed on behalf of the State of Oregon by authority dele ated to her.
OFFICIAL SEAL
DALE R SHAFER
NOTARY PUBUC.oREGON
COMMISSION NO. 374294
ps( COMMISSION EXPIRES NOV. 1,2007
Notary Public for Oregon
IMy Commission expires / / /;/1 ,;;(XJ 1-
STATE OF OREGON, County of
Dated Arr~ \ t,
L~
,20 05
Personally, appeared the above named Ron Theines, Partner of Amigos
,
III, LLC, an Oregon limited liability company, who acknowledged the foregoing instrument to be his voluntary act. Before me:
,--&t.,J~ ~t!,~./
Notary Public for Oregon
~MY Commission expires J tLo..L- 1 .2.D(~7
I
,
m-Jshar 77OOa1indenturesandgrantsl30139ia
. OFFICIAL SEAL
BRENDA LEE CARLIN
'" .I NOTARY PUBLIC, OREGON
...- CO;,iMISSION NO. 368530
MY COMMISSION EXPIRES JUNE 7,2007
4/04/05
Page30f3 -IA
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PRE-SUBMITTAL REC'O
JUL 1 0 2009
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RECORDING PREVIOUS SUBMITTAL NEXT SUBMITTAL
T.R. EX. DOC. TITLE DATE DOCUMENT REF. # PG. COMMENTS REF. # PG. COMMENTS COMMENTS
1 Easement May 16, 1962 195D/69803 7 2 7 2 no changes needed
2 Warranty Deed August 27, 1962 2010/81290 not shown off-site, impacts TL 300 not shown off-site, impacts TL 300 need to remove from Title Report
3 Warranty Deed August 27, 1962 201D/81290 not shown off-site, impacts TL 300 not shown off-site, impacts TL 300 need to remove from Title Report
4 Warranty Deed October 2, 1962 204D/85207 not shown off-site, impacts TL 2800&2900 not shown off-site, impacts TL 2800&2900 need to remove from Title Report
5 Warranty Deed October 2, 1962 204D/85207 not shown off-site, impacts TL 2800&2900 not shown off-site, impacts TL 2800&2900 need to remove from Title Report
6 Right-of-Way Easement April 3, 1968 386R/19606 not shown within N. 'A' St right-of-way not shown. within N. 'A' St right-of-way need to remove from Title Report
7 Declaration of CC&Rs for February 14, 2006 2006-010212 Restrictions Restrictions no changes needed
3 3
Thurston Crossing Note Note
8 Declaration of Prvt Ease. December 21,2005 2005-101302 no changes needed
& Maint. Agree. 10 2 10 2
9 Deed of Trust - doesn't impact face of plat no changes needed
10 Assignment of Leases - doesn't impact face of plat no changes needed
11 Financing Statement - doesn't impact face of plat no changes needed
12 Public Utility Easement I September 12, 2006 2006-066524 14 1 14 1 no changes needed
13 Reference to underlying plat multiple references & locations multiple references & locations no changes needed
14 Reference to underlying plat multiple references & locations multiple references & locations no changes needed
15 pv6'w',c ';;IOC'~ February 23, 2007 2007-012652 inadvertently omitted on previous need to add to plat
Easement --- 15 1
submittal
Public Sidewalk & Ingress- March 14, 2007 2007-017165 16 1 inadvertently omitted on previous need to add to plat
Egress Ease: ---
16 submittal
f'VBl..i~ SiOEW/ltj< , inadvertently omitted on previous
Easement . March 14, 2007 2007-017166 --- 17 1 need to add to plat
17 submittal
Declaration of Prvt Joint- modification of document listed
18 Use Access Ease. & Maint. June 18, 2007 2007-041304 -11 1 need to correct reference text
Agree. as Ref. 11 on previous submittal
Declaration. of Prvt Joint- this document was modified by the need to add a note to the plat stating
--- Use Access Ease. & Maint. July 26, 2006 2006-053319 11 1 Note 4 1
document listed as T.R. 18 the chain of document modifications
Agree.
Declaration of Prvt Joint-
--- Use Storm Drain. Ease. & July 26, 2006 2006-053320 12 1 12 1 need to add to Title Report
Maint. Agree.
--- Easement May 16, 1962 195D/69798 8 2 8 2 need to add to Title Report
Decl. of Ease. for San. need to add to Title Report
--- August 10, 200S 2005-062127 9 2 9 2
Sewer & Maint. Agree.
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13
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'This is based on the 1st Supplemental Preliminary Title Report dated January 14, 2008 from First American Title Insurance and the plat submitted for 1st review (dated August 14, 2008).
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PRE-SUBMITTAL RECIO
JUL 1 0 2009
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Division or Chief Depuly Cierk
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1111/1111/111111/11/1 ""1111111111 11111111111111 $91.00
00781020200600102120100104 PM
02/14/2006 03:26:34
RPR-REST Cnl=l Sln=6 CASHIER 07
$50.00 $10.00 $20.00 $11.00
PRE.SUBMITTAl REC'D
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lstAM 7199-757097-C
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DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS
FOR THURSTON CROSSING
Tms DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS,
is made by Amigos ill, LLC, an Oregon limited liability company (the "Declarant").
RECITALS:
A. Declarant is the owner of real property commonly known as Thurston Crossing
which is described on Exhibit "I" attached hereto and by this reference incorporated herein (the
"Property"); and
B. Declarant deems it desirable to adopt covenants, conditions and restrictions for
the purpose of enhancing and protecting the value, desirability and attractiveness of the Property.
COVENANTS, CONDITIONS AND RESTRICTIONS:
Section 1.
Definitions
. The foUowing words shall have the meanings hereinafter set forth wherever used in this
Declaration of Covenants, Conditions and Restrictions ("Declaration") unless the context clearly
requires otherwise.
1.1 "Declarant" shall mean and refer to Amigos ill, LLC.
1.2 "LibertyBank" shall mean and refer to LibertyBank, an Oregon stock bank.
1.3 "LibertyBank Parcel" shall mean and refer to the Parcel of real property described
as Parcel 10 on Exhibit "I."
1.4 "Owner" shall mean and refer to the person or entity who holds fee simple title to
any Parcel, or who holds any interest in any Parcel, or a purchaser of any Parcel under a contract
of sale. "Owner" shall not include, however, any mortgagee, beneficiary of a trust deed, or any
other party claiming any interest in any Parcel for the purpose of securing an obligation unless
such person or entity acquires fee simple title to a Parcel or any part thereof.
1.5 ''Parcel'' shall mean and refer to any lot or Parcel heretofore or hereafter existing
in accordance with applicable law within the Property.
1.6 ''Property'' shall mean and refer to the real property described on Exhibit "1."
PRE-SUBMITTAl REC'D
DECLARATION OF COVENANTS, CONDmONS AND RESlRICTIONS - Page I 1 0 2009
;~:c::".-.,J 0, FiIL'LAnl'ri""n nd.
After Recording Return To Inturance Company of Oregon Be. an
First American Title .ecommodaUon only. No Il3bllity
PO Box 10146 acespled for condition of Ulla or
Eugene, OR 97440 validity. sufficiency. or effect of
dccumunt.
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Section 2.
Limitation on Use
Except for the LibertyBank Parcel, neither the Declarant nor any Owner shall construct or
operate a commercial bank, credit union, or savings and loan institution on any Parcel within the
Property.
Section 3.
Set Back
There shall be a fifteen foot (IS') set back requirement from the property line that abuts
Main Street (the "Set Back"). Within the Set Back, there shall be no future development of any
kind or nature except as follows:
3.1 The Declarant may install or allow for the installation oflandscaping as necessary
to comply with the Springfield City Code.
3.2 The Declarant may install or allow for the installation of one (1) monument sign
not to exceed six feet (6') in height and six feet (6') in width within the Set Back.
3.3 The Declarant may install or allow for the installation of a sign for Dutch Bros.
Coffee, provided that such Dutch Bros. sign shall not exceed twenty feet (20') in total height and
seventy five inches (75'') in total width. It is further provided that such Dutch Bros. sign must be
located on the western one-half (Y,) of Tax Lot 300 along its frontage with Main Street.
3.4 LibertyBank may develop or cause to be developed any part of the Set Back that
is located within the boundaries of the LibertyBank Parcel.
3.5 The Declarant may develop other portions of the Set Back upon the prior written
consent of LibertyBank, which consent may be withheld in LibertyBank's sole discretion.
Section 4.
Architectural Controls
4.1 Approval of Plans Required. Except for the LibertyBank Parcel, no
improvement shall be constructed, erected or altered until final plans and specifications shall
have been submitted to and approved in writing by the Architectural Review Committee (the
"Committee").
4.2 Basis for Approval. Approval by the Committee shall be based upon, among
other things, the adequacy of structural design, conformity and harmony of external design with
neighboring structures, effect oflocation of and use of proposed improvements upon neighboring
Parcels, and conformity of the plans and specifications to the purpose and general plan and intent
of this Declaration. If the Committee has any objection to any of the plans or specifications, the
Committee shall notify the Owner of such objection in writing within thirty (30) days of
submission of the plans, and the Owner shall modify the plans and specifications sufficiently to
DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS - Page PRE-SUBMITTAL REC'O
JUL 1 0 2009
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satisfy the objections of the Committee. The improvement shall then be constructed only in
accordance with the plans and specifications as modified to satisfy the Committee.
4.3 Result of Inaction. If the Committee fails to either approve or disapprove plans
and specifications submitted to it within thirty (30) days after the complete plans and
specifications have been submitted, it shall be conclusively presumed that the Committee has
approved such plans and specifications.
4.4 The Committee. The initial Committee shall consist of Ronald E. Thienes,
Roger W. Langeliers and Gary A. Davisson. The Declarant may remove or replace any member
of the Committee, at any time and for any reason, or for no reason at all. The members of the
Committee shall not be entitled to any compensation for services rendered pursuant to these
Covenants. The Committee shall disband, and its powers and duties shall cease and terminate,
one (1) year following completion of construction of the last improvement on the final Parcel to
be developed within the Property, unless extended by majority vote of the Owners. The
decisions ofthe Committee must be communicated in writing and shall be based upon the
decision of one (1) of its members.
Section 5.
Enforcement
5.1 Breach. Every act or omission whereby any covenant, condition or restriction
herein contained is violated, in whole or in part, shall authorize the Declarant, LibertyBank, or
any other Owner to exercise any and all remedies available under applicable law against the
offending Owner.
5.2 Other Remedies. The remedies provided in this Declaration shall be cumulative
and in addition to any and all other remedies available under applicable law.
5.3 Attorney Fees. In any legal or equitable proceeding for enforcement of this
Declaration, or any provision hereof, whether it be an action for damages, declaratory relief, or
injunctive relief, or any other action, the losing party or parties shall pay the attorney fees of the
prevailing party or parties, at trial and on appeal.
5.4 Nonwaiver. The failure to enforce any covenant, condition or restriction
contained herein shall in no event be deemed to be a waiver of the right to do so thereafter.
Section 6.
Amendment
6.1 By Declarant. So long as Declarant owns any Parcel, Declarant reserves and shall
have the sole right to unilaterally amend this Declaration if such amendment is necessary to:
6.1.1 Cure any ambiguity and/or inconsistency between the provisions contained
herein;
DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS - Page 3
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6.1.2 Bring any provision into compliance with any applicable law;
6.1.3 Enable any reputable title insurance company to issue title insurance coverage on
a Parcel; or
6.1.4 For any purpose provided the amendment has no material adverse effect on any
substantive right of any Owner, and/or does not adversely affect the title to any Parcel. without
the written consent of its Owner.
6.2 By Owners. This Declaration may be amended by the affirmative vote or written
consent, or combination thereof, of Owners of seventy five percent (75%) of the Parcels
provided, however, that Sections 2, 3 and 4.1 may not be amended without the written consent of
LibertyBank.
Section 7.
General Provisions
7.1 Severability. If any provision of this Declaration shall be held to be invalid,
illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other
provision of this Declaration, and such other provisions shall be construed as if the invalid,
illegal or unenforceable provision had never been contained in this Declaration.
7.2 Successor in Interest. This Declaration shall be appurtenant to each Parcel
within the Property, and shall run with title to each Parcel and shall be binding upon and inure to
benefit of all present and future owners of each Parcel within the Property.
7.3 Liability. The Declarant shall not be liable to any Owner by reason of any
alleged mistake in judgment, negligence, nonfeasance, action or inaction in connection with the
Declarant's rights or duties under this Declaration, or for the enforcement or failure to enforce
any provision of this Declaration. By acquiring a Parcel, each Owner agrees that it will not file
any action or suit against the Declarant to recover any damages or to seek equitable reliefbased
on the foregoing.
The undersigned Declarant has executed this Declaration of Covenants, Conditions and
Restrictions on the /:J day of February, 2006.
AMIGOS III, LLC
DECLARATION OF COVENANTS, CONDmONS AND RES1RICTIONS - Page 4
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STATE OF OREGON, County of Lane
) ss.
This instrument was acknowledged before me on February 13-,2006, by RONALD E.
TIIIENES, as a Member of Amigos Ill, LLC, an Oregon limited liability company.
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NOTARY PUBLIC FOR OREGON
My Commission Expires: IOlJOJ09
OFACIAL SEAL
. DEBBIE BEBEREIA
- . " NOTARY PUBUC .OREGOM
'.., ,; COMMISSION NO. 397615o,2lll9
.... .' MY C(]MMISSION EXPIRES OCTOBER I
. DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS - Page PRE.SUBMITIAL REC'O
JUL 1 0 2009
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Exhibit "1"
Real property in the County of Lane, State of Oregon, described as follows:
,
PARCEL 1:
.' __Beglnr;Jrg at a point on the North right of way line of the McKenzie Highway, said point being South 890
44' EaSt 709.1 feet from a point In the center of County Road No. 452, said iast mentioned point being
452.0 feet South 00 01' West from the Northwest comer of the S. D. GAGER DONATION LAND CLAIM
NO. 45, Township 17 South, Range 2 West, W1l1amette Meridian, from said beginning point run North
137.58 feet; thence South 890 44' East 128 feet; thence South 137.58 feet to the said North right of way
line of said Highway; thence North 890 44' West along said right of way 128 feet to the place of
beginning, being a part of said GAGER DONATION LAND CLAIM in Section 33, in Lane County, Oregon.
EXCEPT THEREFROM that part conveyed to the State of Oregon, by instrument recorded January 24,
1962, Oerk's Rling No. 57171, Deed Records of Lane County, Oregon.
PARCEL 2:
The following described tract of land lying in the Northeast quarter of the Southeast quarter of Section
33, Township 17 South, Range 2 West of the Willamette Meridian, Lane County, Oregon, to-wit:
Beginning at a point marking the Southeast comer of that certain tract of land conveyed to the Southland
Corporation by deed recorded November 21, 1974, Reception No. 74-49658, Officiai Records of Lane
County, Oregon, said point being 619.09 feet South 890 44' East and 80.06 feet South 870 42' 43" East
from a point where the Northerly margin of the McKenzie Highway intersects the centerline of County
Road No. 452; running thence North 117.19 feet to the Northeast comer of said Southiand tract; thence
East 10.0 feet to the Northwest comer of that certain tract of land conveyed to Richard E. Miles, et ux, by
deed recorded October 03, 1968, Reception No. 40708, Offidal Records of Lane County, Oregon; thence
South along the West line of said Miles tract to the North line of said Highway; thence West along the
North line of said Highway to the place of beginning, in Lane County, Oregon.
PARCEL 3:
Beginning at a point on the North right of way line of the McKenzie Highway, as it existed prior to August
01, 1962, said point being 452 feet South 00 l' West and South 890 44' East 837.1 feet from the
Northwest comer of the S. D. GAGER DONATION LAND CLAIM NO. 45 in Township 17 South, Range 2
West of the Willamette Meridian; run thence South 890 44' East along the North line of said Highway,
13.25 feet; thence North 137.58 feet; thence North 890 44' West 13.25 feet to a point North of the point
of beginning; thence South 137.58 feet to the point of beginning, in Lane County, Oregon.
EXCEPTING that part conveyed to the State of Oregon, State Highway Commission by deed recorded
October 02, 1962, Clerk's Rle No. 85207, Lane County Oregon Deed Records, in Lane County, Oregon.
PARCEL 4:
Beginning at a point which is South 00 01' West 452.0 feet; South 890 44' East 619.10 feet; and North
137.58 feet from a stone marking the Northwest comer of the GAGER DONATION LAND CLAIM NO. 45 in
Section 33, Township 17 South, Range 2 West of the Willamette Meridian, which said point Is the true
point of beginning; running thence North 90.0 feet; thence East 109.0 feet; thence South 90.0 feet;
thence West 109.0 feet to the point of beginning, in Lane County, Oregon.
PARCEL 5:
PRE-SUBMIlTAl REC'D
JUL 1 0 2009
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Beginning at a point which is South 00 l' West 452 feet and South 890 44' East 837.10 feet and North
137.58 feet from the stone marking the Northwest comer of the GAGER DONATION lAND CtAlM NO. 45
In Section 33, Township 17 South, Range 2 West of the Willamette Meridian, which said point is the true
point of beginning; running thence North 890 44' West 109 feet; thence North 319 feet, more or less, to
the center line of the Thurston Road; thence East along the center line of the said Thurston Road 109
feet; thence South 00 l' West 319.16 feet, more or less, to the paint of beginning, all in Lane County,
Onegon.
"--PARCEl: 5:
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The South 90 feet of the following described property:
Beginning at a point which is South 00 01' West 452.0 feet and South 890 44' East 619.10 feet, and North
227.58 feet from the stone marking the Northwest comer of the GAGER DONATION lAND CtAlM NO. 45,
in Section 33, Township 17 South, Range 2 West of the Willamette Meridian, which said point is the true
point of beginning; run thence North 227.79 feet; thence East along the center line of the Thurston Road
109.0 feet; thence South 227.79 feet; thence North 89044' West 109.0 feet to the point of beginning, all
in Lane County, Oregon.
PARCEL 7:
Beginning at a point which is South 00 01' West 452.0 feet and South 890 44' East 519.10 feet and North
317.58 feet from the stone marking the Northwest comer of the GAGER DONATION lAND CLAIM NO. 45,
Section 33, Township 17 South, Range 2 West of the Willamette Meridian; thence South 89044' East
41.5 feet to the true point of beginning; thence North 137.79 feet to the center line of Thurston Road;
thence South 890 44' East 57.5 feet; thence South 137.79 feet; thence North 890 44' West 67.5 feet to
the place of beginning, in Lane County, Oregon.
EXCEPT THEREFROM the interest in the North 30 feet conveyed to the Oty of Springfield, by Deed
recorded October 30, 1963, Reception No. 31235, Deed Records of Lane County, Oregon.
PARCEL 8:
Beginning at a point which is South 00 01' West 452.0 feet and South 890 44' East 619.10 feet and North
317.58 feet from the stone marking the Northwest comer of the GAGER DONATION lAND CLAIM NO. 45,
Township 17 South, Range 2 West in Section 33, Willamette Meridian, which said point is the true point
of beginning; thence North 8.25 feet; thence North 890 44' West 26 feet; thence North 129.54 feet to the
centerline of Thurston Road; thence South 890 44' East 67.5 feet; thence South 137.79 feet; thence
North 89044' West 41.5 feet to the place of beginning, in Lane County, Oregon.
EXCEPT the North 30 feet thereof.
ALSO SAVE AND EXCEPT premises conveyed to the aty of Springfield for 57th Place, by deed recorded
September 20, 1966, Reel 295, under Reception No. 61288, Deed Records of Lane County, Oregon.
ALSO EXCEPT that portion conveyed to the aty of Springfield by deed recorded October 03, 1975, under
Recorder's Reception No. 75-42720, Offidal Records of Lane County, Oregon.
Exhibit "1"_2
PRE-SUBMITTAL REC'O
JUL 1 0 2009
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Parcel 9:
. . .
Beginning at a point on the North right of wcry- ~ne'of tne-'Md<~zie- HI~, ~Id~~lnt ~9 .~5-i'feet .
South CO 1. West and South.-890 A1' East-B31.1 feet-from the, Northwest comer of-the'"$. 0; Gager
Donation Land Oalm No. 45 In Township 17 Soutbj Range'2. West of. the WUlamette:Met1dlanj run.:thence
South 89044' East along the North Une_o(.sakH~lghway:13.2S.reet;:thence Nortli.456.74:J~t, more. or
less, to the centerline of the Thurston Road; thence. West along.sald tenteJ1lne to a" polntNorth of the
~; point of. beginning; thence'South to the pOlntofbe9.lMfng, In lane.County, Oregon. . .
-'
El<<:EFr tile following described tract: BeglMlhgat a poJntontheNortlr light of. way Une.of the.
Md<enzJe Highway as Itexlsted prtorto Augusn; 196Zesalcl.polnlcf>elng.452 feet Southl!C l' west and
Soot!> S90 <<'.East837;HOetJrom the Norll1westcomer on"e$; D. GagerDon.tlon Land.Oalm No..4S.
In Tl?Wf\Shfp 17 South,. Range:2'West oftfie ~mette Meridian; run.thence SOuth.89o-.oI4....East along.the
North lIne of said Highway 13.25.feel; thence North 13T.Sllfeel; ll1enca.North;B9<> +I'West 13:25.reetto.
. point North of the poJntofbegfnnlng: thence.South 137;SBfeet to. tlie point of.bCglnnIng, In. Une
County, Oregon.
.AlSQ EXCEPTING that part conveyed to tile State of Qregoll;;Slate H1ghwayOJmmlsslon by deed. .
recorded 'Octcber 2, 1952.. oert's Ale No. 85207,",lane Cowtty Oregon Deed Records, In lane.County,
Oregon.
Parcel 10:
SITUATED In tho Ci1y of SpriDgfiold in tho SOUlhwcst 114 of S<ctiim 34, TClWIUhip 17 South,
RA!rBe 2.W<u oflhc WiIlamcue M<rlillali 0Uld d"cribed.. fallow>:
BEING.partIoaottholaildsd1stW=~lOAnif8o:Im.u.cb7th=ealllin WBrIZJJty!kal
t:huwurcconf.edM4y21.2004u~IINDI:n1,)cr':ZOO4-03&%Om.thoomdal~ofLImo
Colllrty. S1alo ofOt<goD. tl>6Jl"imcter ofWdl>nds bclogmori: panlouIarlydcrctibed..lbllows:
Commoneing"'lbo"'_=of..ud~dsthst.....~in~_.NUlI1ber2004-
03&460. which pelot lies ontboll<lrtlLmqin oflho~ EighwoyucstahllJhed in tho
"'~ lO!he Sllltll of'Oregon _was r=nledMm:h4,196J atR=pdanNnmbar U46 in
tboOfl!alalR.coolsotLalloOnm\Y.SlIlt<:ofOtegvo; .
, . , ,. ,.', ~ ". .
'11lI!Ncr. !eavUla aid point Or """"'.;.,._....md oIoui aid'lIOlt!i mat3in of tbo MoKom:io
Bi&b.waY soum 8T43'l~ wrr SO.OOFEllT 10 tho mu.& rOINTOlIBEGImmiG:
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Tm!:NCE, l=riug,.!d TR1Jll ronttClllIlEGlNlmlG.,;,iJOtd owgInOUld c:mosfngtmo sai4
~ that,..", ~lARi:cotd<t'.Numbei:2flO4.4JB460 aIooglho lbIlowillgiOur1lllIlll>=d.
_ (1) NORml6" 01'2&"WESI"94;08 FEErlO.poInt.o!laIlgart c:omIuro 1O.tbo~(1}
alimeu14""","'lhadgb<~_''"''''''thstbco<s:N_1J~S2'32"EASr.nooFeet;
..0CDb0I angIoof'l6" O1'2S";..,d&lan;cl",,,rornOnho&' U3'+4".Wm20.20 F.... 0Ji..._
of2O.26=1O&poIntoi~Iino"which jlio&altilll<lliespomlldwilhilld.21.00 fi:ot=tcdy
by ~0uIer m............,flmntbo."..".lbIo oiaidlioditilAt.......eonveyed inll.eccItl<%'.
Number20Q.I.03846O;i3)iloagaald.~Imo,N=9UlFEllT1D &polnt;md(4)'
l"'vlAg-~lIoo,EASr16~.4'PBlrr.....""Ici.1D&polntan1lio_ffiIoof_
Wlds -__ccmv.ye.U.:~.N_20Q4.03846O;TBENc;E; doDgaaid:""'llilolho
foUowlA; ooe _.oms.: (5J sour.a211B.2ll PEIlT.iJlo= ...1W1Dlbo~.......of.
I&st aalcl Wlds as oafd:poInt lies Ollaald. ll<ll1howglnof1lia U,1<"...r.lli&b_(R<ccptioo.No.
1346); and. TIlENCIl. aIoog tIia 1OUth.....oilo#oaidI.lld..1id.aald.llOt1Iimarglirflio lbUowiilg
.ue ~_(6)llQR'm8T"~U'WilS',t.1.\M<lH!llTm~or""mmJllNlNG1D
tbomllEP01NTOPIlEGllilllNq'Illd.~'"'"':.g~J;2i2Squa:oF...(!I.76J,=t)"""",,!,r..s.
,. -. -. ..- - - -' - '-__=__'_~..'~'-...u_... .__:..:_--=--.......:.-i_...__.:...
Exhibit ';'1"-3
PRE.SUBMITIAL REC'O
JUL 1 0 2009
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Parcel 11:
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~1:<J1m:d1lg'. 81; II. POint.:.OD.' t:hc llortb..r1ght:;O!'-W.f:'~' 9i,'~" Hcbmie...Jtl.ghwa.YJ-
a.a1t! poiJ:Lt. boing"l1outh 1IS1-. 4-4 '. ~.ut:.; .ISO-.JS. -(elllc' f:tOlll. ....po:1nt.. in: ebe .ccnto:r: ot"
qounq' I'.oad. Ro. :&.5::Z-;: u1d'we .~t.ioned pOi:n.~ l::itiilg. (,5:2:".0-. ell:~t::: Qout:h..o. p'
l{..t fztxn th.a. llor-.hvclIt cotne.r. of_ tbtr S'.D'. a~.D0n4t1aa.'Limd." clQiiD 1Co. '.f:S.
~Ai:p' u 1Quth;: ~llZ'ge. :- lI"es't:, 'It'.u'1Jllltl::l;ta''H6ri.r11..l.u~..t:rolll '.lI.id'hegi1ul.1ng
~1nc' 1:UD. Noret .1>1J. sa c..~, l:b.c::l1OQ'.l1o'.l.'th. BP--- 44-" =-.Il~'"2:0B':-O~ rec1:.. thcnca
outh: 1n.SI !ut.~. thas ll'orth:.:righr:: of vay 11nc::'~ orir;1.:h:1.ghvaY-J -'UlUCC
, IID.- "I lhllllll:: ..l.:ong' _lr.id ~.1:gh.t ~t. v..y. !08'~Q. .teet:., t:.g..tbG--.pLua,ot:
c:~. baing ,&::p&rt. ot- .fid'"..Qa.gcr DOna\::1on.La.nd.:Cl.G:.1m,. .in'.Seo=t.:L:m..'lJ; 111.
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~a ,.that put o'on~ad. ~ Cha' Stu:a; of. 'C!=4S?1l; 'br'~
t~uqh- 1tL;:-.st.atG. Bigbny Cbmmiaa:ton.......t?1. d~~ .recordod:.:Awnut:27,
1.962, "XaoIP..ti:Oh.llo-. Bl.2!H).,.'Lane .County.- 0Xt=g0n.. DI64;J:t~.ecrd.is. 'in
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STrUATEDin tlil'-CItyofSpriilgfli,M in tha Southw"sU/4'of3ection34, ToWnship 17 SOmb.
Range 2 We$. oftba ~o Meridian and described." follows:
. ,
BElNGall of the property ihst""" ~.. "PARCEL 2" in that cortaln Statutory Wammty
Deed to Amigos m. u.c that wa!I recorded May.13, 200S.... Reconler'. Number 2005-034709 in
the Ofilcial Reconls ofLanc County, StlUlofOtogon lOgetborwith a port!Onoftbc (ands thatworo
conveyed to Amigosm. u.c by that ceIlaiIrWarrantyDoed that was,reeordcdMay21, 20()4 as
Recorder's Number 2004-038460 in:tba Ofliclal Rcconls of Lam: County, Stall: of Oregon. the
perimoter of said lands being Il1OIO particuwly doscnbed,,, follows:
BEGINNlNGattbc301JthwestoomorofuidUindsthatworocoa.veyocllnRoeorder'sN1Imbcr2004-
038460, whloh'l'OI!iT OltBEGlNNlNGll",,'oa. tho a.orth ma%ginoftb<: ~e 1nBf1wa:y as
ostabllsbod ill tba ooliveyance to the State ofO\'egon that""" recorded March 4, 1963 atRoceptian
Number 1546 in tho Official R.ccords ofi.ano County, Stale of Oregon; ,
THENCE.ll:aving'sOld POINT OF BEGINNING Bnd along Saldnorth marginoftbe Ve~..".,;"
Hlgllwaythe foll0win8 one numbered = (1) soum 87".43' 15" EAST 50,00 FEBTto a poin%;
TBENCE,ll:aving last said margin and crossing'intilsaid!ailds that were.Conveyed inRocorder'.
Numbcr2004-031l460 along tho followfugfourn1l!ilbored,coursos: (2)NORTH'16' 07' 28~ WEST
94;OSEEErtoa po4n oftangeDtClltVltllitC to tliorigbt; (:3) along saidcnm'to tho riglttbavinga
radius eentcr1lmtbeat:rNorth 73' SZ'J2' BAST 72.00 Feet, aeentxal angIe of16' 07'28', and..
long chord of'North OS' 03' 44,West20.20Yeet,lIJ1llI1l distmJce of20;.26FEBTto a pointoftangent
llno. wbU:h taIIg1:ttt line 1b paIlIIlo! witIi Bnd 2LOOfCot.Wtorlyby porpendfuular m...nromom
1iom tho west iine ofSllidbmds that ""'" convcyodin'Rt;coide<'sNumber2004-<I31l460;(4) alOng
said tangentlpara1lelllno. NOR'IH92.31FBET to. poinI;and(5)1eaviligsaidlani;entlparalI llno.
, EAST 169.45.mBT more ".1... to "point 00. the =tline of;ajd,1Bnds that WOIO'oonvcycdin
Recorder'. N1DIli>ci 2004-038460; THENCE; aio.g saiij. east 1inD thc 'tOUowiilg ono amnbOtOd
con=: (6)NOR1'R244.03 FEBTlIlOIll orless to thoporthWteomeroflastsaid lands; TIIENCE,
along lho north liDc of fast said !ands and tbC ilorfu.lInc of'said.1Bnds that were convcyod as
"P ARCBL 2' inR=oideril Nmnber200S:034709the fhllow;ilgoni.lI1lDIlieredcOmse:{'1) soum
89' 53' 02' WEST198.97FEBTto tbanorthwestcomet'of;ajd "P.ARC:I1iz~;,TBENCE.:alonSthe
_and slllIlhlinOs ~SlIid "PARCBLz' thc follCwiilg;two DmDbcre,fC01llllos:(8lS0UTH311_46
FElIT Bnd(9lSOUlltS9~44' 31'1lAST lOll.SZFEBTJo ..P.Qintcili.tho west liDo ofsaidIandsihat
were conveyed in:Recordc:r'. Number 2004-038460; BndTHENCE"a1img:1&st .sa:id'west line'lhe
tOlIowing'''''''Il1DD!lemd Coum: (10): scum l32.1S FI!81'RET1lRNJNG to, the. POINT OJ!
BEGINNING and """"'lnlng &5,939 SqlIllnl E'oet(L97'AmS) 1001'0 orl=..
Exhibit "1":'4
PRE-SUBMITIAL REC'O
JUL 1 U 2009
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TO HAVE AND 'l'O }'IOLD lhe lIald~'Ilrolnlsc~ with lllclr ii.ppurtcnll~ecs. in feo simple, un\n tho v.n1d
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Stlllo OfOt'DgOll, b)' Ilnd thl'O\I.ll:h It" Slota Hll:h\l'll)' Commission, Its a~ccC:l;aon tind QssIgrt5 !ora\'cr.
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"And ...~.:......_......_..'tl1e Juld grnntol".;!.... do hereby co~.enD1'1t'to and with tl)e mid Sipto of Qrcgqn. by ~nd
lhrouglt Its Slnlu H1Shwu)' Commls.alotl. Ill! aucCCIlSorll1nd 'QS.B.IlVlJ. tlUlt ..-..\l'/;'.-='4...--,............... the OWller..f:..
In rw IIlmplD of tlald prnmbn.~; thai UJ(~)' are free from nllmcumbrtln~es
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and that ._J:l~__.._..__.....,..._...~_...._ 'NUl WDrmnt ~h~ '~e(lInd the Jn~- tI'om on lawful claims wlla\J;oenr>.
IN WITNESS WHEREOF, .........,...:~:......:.:.,.~~'..:._... hav~ hOr81.l1llo sot ._.,_~.9.9.t......_.... hall-d;,;._ and !l8ab:..,.
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Recorded at the request of
and after recording return to:
,
/ DIYlolon 01 Chlel Doputv Clerk ~^~.lijI3ijl .1<1'/" "
Lane County D..ds end Records 'V '~J -
1111111\1111111111\ 1111111111111 \\111111111111111 $41,00
0076712220050101301004004312/21/200501:20:53 P"
RPR-DEED Cnt=1 Stn=0 CRSHIER 07
$20.00 $11.00 $10.00 Ve<Y\;:"7 Dee",'1
for Lands described in Exhibits A and B
Send Tax Statements to:
,
,
...
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Amigos ill, LLC
P.O. Box 25
Walterville, OR 97489
The true consideration for this conveyance is other than monetary.
PROPERTY LINE ADJUSTMENT DEED
The parties to this transfer are (I) Amigos ill, LLC, an Oregon Limited Liability Company,
hereinafter referred to as Party 1 and being a Grantor/Grantee herein and (2) Amigos ill, LLC, an
Oregon Limited Liability Company, hereinafter referred to as Party 2 and being a Grantor/Grantee
herein.
This Deed is intended to adjust the boundary line between a parcel of real property owned by Party
I and an adjoining parcel of real property owned by Party 2. The parties are entering into this Deed
to agree on the property line separating their parcels to comply with City of Springfield Land Use
Regulations and the provisions of Oregon Revised Statutes 92.190(4).
The legal description of Party I's property prior to this adjustment is all of the property that was
conveyed as "PARCEL 2" in that certain Statutory Warranty Deed to Amigos Ill, LLC that was
recorded May 13,2005 as Recorder's Number2005-034 709 in the Official Records ofLane County,
State of Oregon. (Tax Map 17-02-34-32. Tax Lot 200)
The legal description of Party 2's property prior to this adjustment is all of the lands that were
conveyed to Amigos ill, LLC by that certain Warranty Deed that was recorded May 21, 2004 as
Recorder's Number 2004-038460 in the Official Records of Lane County, State of Oregon. (Tax
Map 17-02-34-32. Tax Lot 400)
The line being adjusted herein is the entire common line between said properties.
WHEREAS the Parties 'desire to adjust their common line and WHEREAS the Parties are
agreeable to execute a transfer of property through meaos of an approved Property Line Adjustment
and this Deed as said Property Line Adjustment was given Tentative Approval October 14,2005 by
the City of Springfield under Case Number SOO2005-00042.
THEREFOR, for purposes of accomplishing this Property Line Adjustment:
Party 2 hereby transfers and conveys all of its right, title and interest in and to the property described
on "Exhibit A" to Party 1 as said exhibit is attached hereto and made a part hereof. And
Party 1 hereby transfers and conveys all of its right, title and interest in and to the property described
on "Exhibit B" to Party 2 as said exhibit is attached hereto and made a part hereof.
The description of Party l's property after this adjustment is described on. "Exhibit A" attached
hereto and made a part hereof.
The description of Party 2's property after this adjustment is described on "Exhibit B" attached
hereto and made a part hereof.
PROPERTY LINE ADJUSTMENT DEED PRE SUBMITTAL REC'O
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400) . !1M
. Page 1 of4 JUL 1 0 2009
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Dated this
Cj
day of11<,o p~ ~i>X-
,20~.
Amigos ill, LLC, 00 0
Limited Liability Compaoy
THIS INSTRUMENT WlLLNOT ALLOWTHEUSEOFTHEPROPERTYDESCRIBED INTHIS
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 APPROPRlATECITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY USES.
STATE OF OREGON )
Coooty of Laoe )SS
On \)€O.eJmn.....r q ~20..e.s::.personallyappearedtheabovenamedRonaldE. Thienes,
who being duly sworn said that he is a member of Amigos m, LLC. and that the above instnunent
was signed on behalf of said limited liability company and acknowledged the foregoing instnunent
to be his voluntary act and deed.
I) OFFICIAL SEAL
. GAil A WAISANEN
",. , ~ i NOTARY PUBLIC. OREGON
\, ,I'.'f COMMISSION NO, 370001
m MYOOMMIS'IONEX"",SJUlY2S,"07
drJQui'
Notary Public for Oregon
PRE-SUBMITTAL REC'O
JULIO 2009
PROPERTY LINE ADJUSTMENT DEED
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400)
Page 2 of4
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EXHIBIT A
TRACT I
AFTER PROPERTY LINE ADJUSTMENT
(TAX MAP 17.02.34.32, TAX LOT 200 AFTER ADJUSTMENT)
SITUATED in the City of Springfield in the Southwest 1/4 of Section 34, Township 17 South,
Range 2 West of the WilIamette Meridian and descrihed as follows:
BEING all of the property that was conveyed as "PARCEL 2" in that certain Statutory Warranty
Deed to Amigos ill, LLC that was recorded May 13,2005 as Recorder's Number 2005-034709 in
the Official Records of Lane County, State of Oregon together with a portion of the lands that were
conveyed to Amigos ill, LLC by that cenain Warranty Deed that was recorded May 21, 2004 as
Recorder's Number 2004-038460 in the Official Records of Lane County, State of Oregon, the
perimeter of said lands being more particularly described as follows:
BEGINNING at the southwest comer of said lands that were conveyed in Recorder's Number 2004-
038460, which POINT OF BEGINNING lies on the north margin of the McKenzie Highway as
established in the conveyance to the State of Oregon that was recorded March 4, 1963 at Reception
Number 1546 in the Official Records of Lane County, State of Oregon;
THENCE, leaving said POINT OF BEGINNING and along said north margio of the McKenzie
Highway the following one numbered course: (I) SOUTH 87' 43' 15" EAST 50.00 FEETto a point;
THENCE, leaving last said margin and crossing into said lands that were conveyed in Recorder's
Number 2004-038460 along the f01l0wing four numbered courses: (2) NORTH 16' 07' 28" WEST
94.08 FEET to a point of tangent curvature to the right; (3) along said curve 10 tbe right having a
radius center thai bears North 73' 52' 32" EAST 72.00 Feet, a central angle of 16' 07' 28", and a
long chord of North 08' 03' 44" West 20.20 Feet, an arc distance of20.26 FEET to a point oftangenl
line, which tangenlline lies parallel with and 21.00 feel easlerly by perpendicular measurement
from the west line of said lands thai were conveyed in Recorder's Number 2004-038460; (4) along
said tangent/parallel line, NORTH 92.31 FEETto a point; and (5) leaving said tangentlpamllelline,
EAST 169.45 FEET more or less to a poinl on the east line of said lands that were conveyed in
Recorder's Number 2004-038460; THENCE, along said east line Ihe f01l0wing one numbered
course: (6) NORTH 244.03 FEET more or less to the northeast comer oflast said lands; THENCE,
along the north line of last said lands and the north line of said lands that were conveyed as
"PARCEL 2" in Recorder's Number 2005-034709 the f01l0wing one numbered course: (7) SOUTH
89' 53' 02" WEST 298.97FEET to the northwest comer of said "PARCEL 2"; THENCE, along the
west and south lines of said ''PARCEL 2" the following two numbered courses: (8) SOUTH 311.46
FEET and (9) SOUTH 89' 44' 31" EAST 108.52 FEET to a poinl on the west line of said lands that
were conveyed in Recorder's Number 2004-038460; and THENCE, along last said weslline the
f01l0wing one numbered course: (10) SOUTH 132.18 FEET RETURNING 10 the POINT OF
BEGINNING and containing 85,939 Square Feel (1.97 Acres) more or less.
WD '>
,
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Pl\l.C~-\~::',,' . iiO~J!!\L
l...A:.~~~ Ci,.:'=!~"c't~/O~
L,', ey". !Z/1,/oS
PROPERTY LINE ADJUSTMENT DEED PRE SUBMITTAL REC'O
(TAX MAP 17-02-34.32, TAX LOTS 200 AND 400). III
Page 3 of 4 JUL 1 0 2009
,I
EXHIBIT B
TRACT 2
AFTER PROPERTY LINE ADJUSTMENT
(TAX MAP 17-02-34-32, TAX LOT 400 AFfER ADmSTMENT)
SITUATED in the City nf Springfield in the Southwest 1/4 of Section 34, Township 17 South,
Range 2 West of the Willamette Meridian and described as follows:
BEING a portion ofthe lands that were conveyed to Amigos ill, LLC by that certain Warranty Deed
that was recorded May 21,2004 as Recorder's Number 2004-03 8460 in the Official Records ofLane
County, State of Oregon, the perimeter of said lands being more particularly described as follows:
Commencing at the southwest comer of said lands that were conveyed in Recorder's Number 2004-
038460, whicb point lies on the north margin of the McKenzie Higbway as established in the
conveyance to the State of Oregon that was recorded March 4,1963 at Reception Number 1546 in
tbe Official Records of Lane County, State of Oregon;
THENCE, leaving said point of commencement and along said north margin of the McKenzie
Highway soum 87' 43' 15" EAST 50.00 FEET to the TRUE POINT OF BEGINNING;
THENCE, leaving said TRUE POINT OF BEGINNING and said margin and crossing into said
lands that were conveyed.in Recorder's Number 2004-038460 along the following four numbered
courses: (1) NORTI116' 07' 28" WEST 94.08 FEETto a point of tangent curvature to the right; (2)
along said curve to the right having a radius center that bears North 73' 52' 32" EAST 72.00 Feet,
a central angle of 16' 07' 28", and a long chord of North 08' 03' 44" West 20.20 Feet, an arc distance
of20.26 FEET to a point of tangent line, which tangent line lies parallel with and 2 1.00 feet easterly
by perpendicular measurement from the west line of said lands that were conveyed in Recorder's
Number 2004-038460; (3) along said tangentlparallelline, NORTI192.31 FEET to a point; and (4)
leaving said tangentlparallelline, EAST 169.45 FEET more or less to a point on the east line of said
lands that were conveyed in Recorder's Number 2004-038460; THENCE, along said east line the
following one numbered course: (5) soum 208.28 FEET more or less to the southeast comer of
last said lands as said point lies on said north margin of the McKenzie Highway (Reception No.
1546); and THENCE, along the south line oflast said lands and said north margin the following
one numbered course: (6) NORTI187' 43' 15" WEST 140.60 FEET more or less RETURNING to
the TRUE POINT OF BEGINNING and containing 33,282 Square Feet (0.76 Acres) more or less.
1)<:<. 0<:;
~'V.."'-.~~ft
rr::-"..Jb:":..,,~
l'~p;:'I:':':' ';O;'j#,.L
LA'\': ~"":I".~r<?~~"QR
C~I~'7'
JIJ;...v't~5, 1993
REX,.'.. BETZ
,if")
;,..< G;t> 12/11/..<;.
PROPERTY LINE ADJUSTMENT DEED
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400)
Page 4 of 4
Status: Case Status
.
.
Page 1 of2
City of Springfield
Home
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View Case Status
The information below summarizes the case you selected.
Case Number: COM2008-01053
Status: Issued
Name:
AMIGOS III LLC
7/15/20089:15:41 AM
5815 A ST
Application Date:
Address:
Activities
Type Requested Scheduled Completed Disp (done by) Notes
Water Line
Plumbing Plan Review 7/15/2008 SKG
Application Received 7/15/2008 DJB
Issue Permits 10/8/2008 OK NJM
Sanitary Sewer Line 11/4/2008 WIR SKG
Storm Sewer Line 11/4/2008 OK SKG
Fees
Item Fee Amount Fee Remaining Paid Date
Encroachment Permit 139.50 0.00 10/30/2008
Storm Sewer - 1 st 50 50.00 0.00 10/8/2008
Feet
Water Line -1st 50 50.00 0.00 10/8/2008
Feet
Water Line - Each 32.00 0.00 10/8/2008
Addtl 100'
+ 12% State 15.84 0.00 10/8/2008
Surcharge
+ 10% Administrative 13.20 0.00 10/8/2008
Fee
+ 5% Technology Fee 6.98 0.00 10/30/2008
+ 5% Technology Fee 6.60 0.00 10/8/2008 AL REC'O
JUL 1 0 2009
http://www.ci.springfield.or.us/tm_bin/tmw_cmd.pl?tmw _ cmd=Status ViewCase&shl_ caseno=C... 11/12/2008
.
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" ""'''''''
~
~lJt
First American
First American Title Insurance Company of" Oregon
600 Olunby Club Road
Eugene, OR 97401
Phn - (541)484-2900
Fax - (541)484-7321
FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT:
Ronald Denton, TItle Officer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: radenton@firstam.com
Branch Engineering
310 5th St.
Springfield, OR 97477-4643
Order No.: 7199-1096851
March 09, 2009
Attn: Renee Clough
Phone No.: (541)746-0637 - Fax No.:
Email: renee@branchengineering.com
Re:
2nd Supplemental Preliminary Title Report
AlTA Owners Standard Coverage liability $ Premium $ .
ALTA Owners Extended Coverage Liability $ Premium $
ALTA lenders Standard Coverage Uabilily $ Premium $
AlTA Lenders Extended COverage Uabilily $ Premium $
Endorsement Premium $
Other Cost $
We are prepared to issue TItle Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
PARCEL 2, LAND PARlll10N PLAT 2007-P2089, A5 PLATTED AND RECORDED FEBRUARY 12,
2007, RECEPTION NO. 2007-009319, OFFICIAL RECORDS OF LANE COUNTY, OREGON.
and as of March 04, 2009 at 8:00 a.m., title vested in:
Amigos III, LLC, an Oregon limited liability company
5ubject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy fonn and
the following:
1.
Taxes for the year 2008-2009
Tax Amount
Unpaid Balance:
Code No.:
Map & Tax Lot No.:
Property ID No.:
$
$
01900
1702343200200
1804994
8,719.80
2,906.60, plus interest and penalties, if any
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
PRE.SUBMITTAL REC'D
JUL 1 0 2009
.
.
Preliminary Report
Order No.: 7199-1096851
Page 2 of 5
2. Easement, including terms and provisions contained therein:
Recording Information: May 16, 1962, Reception Nos. 69798 and 69803
In Favor of: City of Springfield
For: sanitary sewer
3. Limited access provisions contained in Deed to the State of Oregon, by and through its State
Highway Commission recorded August 27, 1962, Reception No. 81290, Deed Records of Lane
County, Oregon, which provides that no right of easement or right of access to, from or across
the State Highway other than expressly therein provided for shall attach to the abutting property.
4. Covenants, conditions and restrictons contained in Deed.
Executed by: George L. Mendenhall, et al
Recorded: August 27, 1962
Recording Infonmation: 81290, Deed Records of Lane County, Oregon
5. Limited access provisions contained in Deed to the State of Oregon, by and through its State
Highway Commission recorded October 02, 1962, Reception No. 85207 Deed Records of Lane
County, Oregon, which provides that no right of easement or right of access to, from or across
the State Highway other than expressly therein provided for shall attach to the abutting property.
6. Covenants, conditions and restrictions contained in Deed.
Executed by: Clifford Pease, et ux
Recorded: October 02, 1962
Recording Information: 85207
7. Declaration of Easement for Sanitary Sewer and Maintenance Agreement, including terms and
provisions thereof.
Recorded: August 10, 2005, Reception No. 2005-062127
8. Declaration of Private Easements and Maintenance Agreement, including terms and provisions
thereof.
Recorded: December 21, 2005, Reception No. 2005-101302
9. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an
indebtedness of up to $1,755,500.00
Grantor: Amigos III, LLC, an Oregon limited liability company
Beneficiary: Liberty Bank
Trustee: First American TItle Insurance Company of Oregon
Dated: February 01,2006
Recorded: February 07, 2006
Recording Information: 2006-008514
And Re-Recorded:
Recording Information:
February 22, 2006
2006-012066
A document recorded November 16, 2006 as 2006-082736 of Official Recoroorr~ldM lllijifAl REC'D
Evergreen Land TItie Company was substituted as trustee under the deed o~ l}O's1:~UD1Vlr
FirstAmerican Title JUL 1 0 2009
.
.
Preliminary Report
Order No.: 7199-1096851
Page 3 of 5
10. Assignment of leases and/or rents and the terms and conditions thereof:
Assignor: Amigos III, LLC, an Oregon limited liability company
Assignee: LibertyBank
Recorded: February 07, 2006
Recording Information: 2006-008516
And Re-Recorded:
Recording Information:
February 22, 2006
2006-12067
11. Financing Statement, indicating a Security Agreement
Debtor: Amigos III, LLC, an Oregon limited liability company
Secured Party: LibertyBank
Recorded: February 07, 2006
Recording Information: 2006-008518
And Re-Recorded:
Recording Information:
February 22, 2006
2006-12068
12. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: February 14, 2006, Reception No. 2006-010212, Official Records
of Lane County, Oregon
13. Declaration of Private Joint Use Stonm Drainage Easement and Maintenance Agreement, including
terms and provisions thereof.
Recorded: July 26, 2006, Reception No. 2006-053320
14. Easement, including terms and provisions contained therein:
Recording Infonmation: September 12, 2006, Reception No. 2006-066524
In Favor of: City of Springfield, a municipal corporation
For: public utility
15. Easement on the recorded plat/partition as follows: public utilities
sdf
16. Easement, including terms and provisions contained therein:
Recording Information: February 23, 2007, Reception No. 2007-012652
In Favor of: City of Springfield, a municipal corporation
For: public sidewalk
PRE.SUBMITTAl REC'D
JUL 1 0 2009
Rrst American Title
.
.
Preliminary Report
Order No.: 7199-1096851
Page 4 of 5
17. Easement, including terms and provisions contained therein:
Recording Infonnation: March 14, 2007, Reception No. 2007-017165
In Favor of: City of Springfield, a municipal corporation
For: public sidewalk and ingress-egress
18. Easement, including terms and provisions contained therein:
Recording Information: March 14, 2007, Reception No. 2007-017166
In Favor of: City of Springfield, a municipal corporation
For: public sidewalk
19. Declaration of Private Joint Use Access Easement and Maintenance Agreement and the terms and
conditions thereof:
Between: Amigos III, LLC, an Oregon limited liability company
And: David M. Hangsleben
Recording Information: June 18, 2007, Reception No. 2007-041304
20. Deed of Trust and the tenns and conditions thereof.
Grantor/Trustor: Amigos III, LLC, an Oregon limited liability company
Grantee/Beneficiary: libertyBank
Trustee: Evergreen Land Title Company
Amount: $462,000.00
Recorded: Septel)lber 30,2008
Recording Information: 2008-054870
21. Assignment of leases and/or rents and the tenns and conditions thereof:
Assignor: Amigos III, LLC, an Oregon limited liability company
Assignee: libertyBank
Recorded: September 30, 2008
Recording Infonnation: 2008-054871
22. Financing Statement, indicating a Security Agreement
Debtor: Amigos III, LLC, an Oregon limited liability company
Secured Party: libertyBank
Recorded: September 30, 2008
Recording Infonnation: 2008-054872
- END OF EXCEPTIONS -
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
first American 77tle
PRE-SUBMITTAL REC'D
JUL 1" 0 2009
.
.
Preliminary Report
Order No.: 7199-1096851
Page 5 of 5
~
... .. of'
First American Title Insurance Company of Oregon
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the OCOJpancy, use, or enjoyment of the Land;
(il) the character, dimensions, or location of any improvement erected on the Land;
{iii} the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion lea) does not modify 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 limit 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 Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclo$ed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
o.
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land ls situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-Iending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this POlicy.
7. Any lien on the Title for real estate taxes or assessments Imposed by govemmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b).
ALTA OWNER'S POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinal1Ce, pennit, 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 of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exdusion l(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any govemrnental police pOwer. This Exclusion l(b) does not moclify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Excl(JS1on does nOt modify or limit 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 Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 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' rights Jaws, 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 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 shown in Schedule A.
SCHEDULE OF STANDARD EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the publiC records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements
located on adjoining land onto the subject land), encumbrance, violatioo, variation, ()( adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the subject land.
5. My 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.
NOTE: A SPECIMEN COpy Of THE POUCY fORM (OR fORMS) WIll BE FURNISHED UPON REQUEST
first American Title
PRE-SUBrVlfifAl REC'D
JUL 1 0 2009
North: 9937.09649754 East: 9701.03276338
Line Course: S 89-58-14 E Length: 53.81
North: 9937.06884444 East:
Curve Length: 98.17 Radius:
Delta: 45-00-00 Tangent:
Chord: 95.67. Course:
Course In: S 00-01-46 W Course Out:
RP North: 9812.06886095 East
End North: 9900.41177393 East
Line Course: S 44-58-14 E Length: 31.40
North: 9878.19721368 East
Curve Length: 152.05 Radius:
Delta: 39-02-08 Tangent:
Chord: 149.13 Course:
Course In: N 45-01-46 E Course Out:
RP North: 10035.92818424 East
End North: 9813.96830069 East
Line Course: S 00-00-00 W Length: 58.00
North: 9755.96830069 East
Line Course: N 90-00-00 W Length: 169.45
North: 9755.96830069 East
Line Course: S 00-00-00 W Length: 92.31
North: 9663.65830069 East
Curve Length: 20.26 Radius:
Delta: 16-07-28 Tangent:
Chord: 20.20 Course:
Course In: S 90-00-00 E Course Out:
RP North: 9663.65830069 East
End North: 9643.66213445 East
Line Course: S 16-07-28 E Length: 94.08
North: 9553.28317068 East
Line Course: N 87-43-15 W Length: 50.00
North: 9555.27159431 East
Line Course: N 00-00-00 E Length: 132.18
North: 9687.45159431 East: 9809.54250275
Line Course: N 89-44-31 W Length: 108.52
North: 9687.94035796 East: 9701.02360343
Line Course: N 00-00-00 E Length: 249.16
North: 9937.10035796 East: 9701.02360343
~l:SoS JI\
Parcel name: PARTITION BOUNDARY
Perimeter: 1309.40
rO~1t-n ^"
9754.84275628
125.00
51. 78
S 67-28-14 E
N 45-01-46 E
9754.77851847
9843.21227743
9865.40401718
223.18
79.11
S 64-29-18 E
S 05-59-38 W
10023.29718779
9999.99219925
9999.99219925
9830.54219925
9830.54219925
72.00
10.20
S 08-03-44 E
S 73-52-32 W
9902.54219925
9833.37462494
9859.50294882
9809.54250275
Area: 51,619 sq.ft. 1.19 acres
Mapcheck Closure - (Uses listed
Error Closure: 0.00994020
Error North: 0.003860425
Precision 1: 131,726.73
courses, radii, and deltas)
Course: N 67-08-50 W
East: -0.009159956
PRE.SUBMITTAl REC'O
JUL 1 0 2009
-L
30 @Y1
REGISTERED
PF:OFESSIONAl
LA SURVEYOR
OREGON
JULY20,1993
REX A. BETZ
L h! Et/ILl>,/t;9
.
.
Parcel name: PARCEL 1
North: 9937.09649754 East : 9701.03276338~NuJ c.-cv",e.,,-
Line Course: S 89-58-14 E Length: 53.812 (V'Ol-'".,d;"'5)
North: 9937.06884444 East: 9754.84275628
Curve Length: 98.17 Radius: 125.00
Delta: 45-00-00 Tangent: 51.78
Chord: 95.67 Course: S 67-28-14 E
Course In: S 00-01-46 W Course Out: N 45-01-46 E
RP North: 9812.06886095 East: 9754.77851847
End North: 9900.41177393 East: 9843.21227743
Line Course: S 44-58-14 E Length: 31.40~
North: 9878.19721368 East:
Curve Length: 1.24 Radius:
Delta: 0-19-06 Tangent:
Chord: 1.24 Course:
Course In: N 45-01-46 E Course Out:
RP North: 10035.92818424 East:
End North: 9877.32240377 East:
Line Course: S 45-02-45 W Length: 19.31~
North: 9863.67909880 East: 9852.61764719
Line Course: N 89-44-31 W Length: 151.59/
North: 9864.36184558 East: 9701.02918471
Line Course: N 00-00-00 E Length: 72.74 /
North: 9937.10184558 East
c..1
9865.40401718
223.18
0.62
S 45-07-47 E
S 44-42-40 W
10023.29718779
9866.28279736
C30
9701.02918471
Perimeter: 428.27
/
Area: 9,864 sq.ft. 0.23 acres
Mapcheck Closure - (Uses listed
Error Closure: 0.00643495
Error North: 0.005348048
Precision 1: 66,552.19
courses, radii, and deltas)
Course: N 33-47-19 W
East: -0.003578676
PRE.SUBMITTAL RECIO
JUL 1 0 2009
.
Parcel name: PARCEL 2
.
North: 9877.31992247
Curve Length: 150.81
Delta: 38-43-02
Chord: 147.96
Course In: N 44-42-40 E
RP North: 10035.92570294
End North: 9813.96581938
Line Course: SOD-DO-DO W Length:
North: 9755.96581938
Line Course: N 90-00-00 W Length:
North: 9755.96581938
Line Course: N 00-00-00 E Length:
North: 9826.70581938
Curve Length: 28.30
Delta: 45-02-45
Chord: 27.58
Course In: S 90-00-00 E
RP North: 9826.70581938
End North: 9852.18201857
Line Course: N 45-02-45 E Length:
North: 9877.31367875
East: 9866.28916263
Radius: 223.18
Tangent: 78.41
Course: S 64-38-51 E
Course Out: S 05-59-38 W
East: 10023.30355305
East: 9999.99856451
58.00./
East: 9999.99856451
169.45........
East: 9830.54856451
70.74--
East: 9830.54856451
Radius: 36.00
Tangent: 14.93
Course: N 22-31-23 E
Course Out: N 44-57-15 W
East: 9866.54856451
East: 9841.11309174
35.57 ,/
East : 9866.28499189
Perimeter: 512.88
./
Area: 14,410 sq.ft. 0.33 acres
Mapcheck Closure - (Uses listed
Error Closure: 0.00750860
Error North: -0.006243721
Precision 1: 68,304.34
courses, radii, and deltas)
Course: S 33-44-33 W
East: -0.004170740
C. 31
c.:2.-8
PRE.SUBMITTAL REC'O
JUL 1 0 2009
.
.
Parcel name: PARCEL 3
North: 9864.35741042 East: 9701.032763380 NuJ c.o..-V1~
Line Course: S 89-44-31 E Length: 151.59~
North: 9863.67466364 East: 9852.62122586
Line Course: S 45-02-45 W Length: 16.26'/
North: 9852.18630844 East: 9841.11447589
Curve Length: 28.30 Radius: 36.00
Delta: 45-02-45 Tangent: 14.93
Chord: 27.58 Course: S 22-31-23 W
Course In: S 44-57-15 E Course Out: N 90-00-00 W
RP North: 9826.71010925 East: 9866.54994866
End North: 9826.71010925 East: 9830.54994866
Line Course: SOD-DO-DO W Length: 163.05 (-::. 10.1,/+'12..";1)
North: 9663.66010925 East: 9830.54994866
Curve Length: 20.26 Radius: 72.00
Delta: 16-07-28 Tangent: 10.20
Chord: 20.20 Course: S 08-03-44 E
Course In: S 90-00-00 E Course Out: S 73-52-32 W
RP North: 9663.66010925 East: 9902.54994866
End North: 9643.66394301 East: 9833.38237435
Line Course: S 16-07-28 E Length: 94.08'"
North: 9553.28497925 East: 9859.51069823
Line Course: N 87-43-15 W Length: 50.00./
North: 9555.27340287 East: 9809.55025216
Line Course: NOD-DO-DO E Length: 132.18'/
North: 9687.45340287 East: 9809.55025216
Line Course: N 89-44-31 W Length: 108.52.1'
North: 9687.94216652 East: 9701.03135284
Line Course: N 00-00-00 E Length: 176.42'/
North: 9864.36216652 East: 9701.03135284
Perimeter: 940.67
,/
Area: 27,344 sq.ft. 0.63 acres
Mapcheck Closure - (Uses listed
Error Closure: 0.00496086
Error North: 0.004756098
Precision 1: 189,616.32
courses, radii, and deltas)
Course: N 16-31-09 W
East: -0.001410540
c:. 2.8
Co
PRE-SUBMITTAL REC'O
JUL 1 0 2009
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CLOSURE SHEETS
AMIGOS III PARTITION PLAT
Parcel name: 5.00' PRIVATE STORM EASEMENT
North: 9937.06884244
Curve Length: 72.25
Delta: 33-06-54
Chord: 71.24
Course In: S 00-01-46 W
RP North: 9812.06885895
End North: 9916.73071549
Line Course: S 21-32-19 E Length:
North: 9857.54397454
Line Course: N 45-02-45 E Length:
North: 9861.39462250
Line Course: N 21-32-19 W Length:
North: 9911.46569378
Curve Length: 9.13
Delta: 4-11-02
Chord: 9.13
Course In: S 37-19-42 W
RP North: 9812.06897924
End North: 9916.73083578
Line Course: N 73-24-47 W Length:
North: 9937.06771817
Perimeter: 275.52
East
Radius:
Tangent:
Course:
Course Out:
East :
East :
63.63 0/
East :
5.45 v
East
53.83
East
Radius:
Tangent:
Course:
Course Out:
East
East
71.24
East
.
9754.84664580
125.00
37.16
S 73-24-47 E
N 33-08-40 E
9754.78240799
9823.12636007
9846.48672384
9850.34353733
9830.58102936
125.00
4.57
N 54-45-49 W
N 33-08-40 E
9754.78331740
9823.12726948
9754.85173349
Area: 47 sq. ft. 0.00 acres
Mapcheck Closure - (Uses listed
Error Closure: 0.00521043
Error North: -0.001124276
precision 1: 52,880.47
courses, radii, and deltas)
Course: S 77-32-21 E
East: 0.005087693
c.. 29
;. NW Cov Y'lt-v
c.:z.<1 c.l.,o....d
PRE.SUBMITIAL REC'O
JUL 1 0 2009
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.
Parcel name: 5.00' PRIVATE STORM EASEMENT OVER PARCEL 3
North: 9863.67466009 East: 9852.62201385:E. Cor",w~' P\"1'3
Line Course: N 89-44-31 W Length: 3.19./
North: 9863.68902754 East: 9849.43204620
Line Course: N 89-44-31 W Length: 5.3~"1 (""-^.,J:,,,:>)
North: 9863.71325854 East: 9844.05210077
Line Course: S 21-32-19 E Length: 6.63./
North: 9857.54622896 East: 9846.48616036
Line Course: N 45-02-45 E Length: 5.45./
North: 9861.39687692 East 9850.34297385
Line Course: N 21-32-19 W Length: 2.46
North: 9863.68509604 East 9849.43983862
Line Course: S 89-44-31 E Length: 3.19
North: 9863.67072859 East 9852.62980626
Perimeter: 26.30
Area: 23 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed
Error Closure: 0.00872802
Error North: -0.003931500
Precision 1: 3,013.28
courses, radii, and deltas)
Course: S 63-13-40 E
East: 0.007792414
PRE-SUBMITTAL REC'O
JUL 1 0 2.009
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.
Ipfri .
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Project: 05-204J AMIGOS ill, LLC
Parcel Map Check
Fri June 2612:1 I :382009
PUBLIC SIDEWALK EASEMENT (REF] 5) IN NE CORNER OF PARCEL 2
North: 9813.965] East: 10000.0000 _;)1; Ci)(2A.I~ qlt{v(clZ-
Line Course: S 00-00-00 W Length: 2.58 f/
North: 98]1.3851 East: 10000.0000
Line Course: N 89-37-29 W Length: 2.56 ./
North: 98] 1.40]8 East: 9997.4401.
Line Course: N 34-10-48 W Length: 3.75 /
North: 98]4.5041 East: 9995.3333
Curve Length: 4.70 ,/ Radius: 223.18'/
Delta: 1-12-27v' Tangent: 2.35 / c.-- 3 Z--
Chord: 4.70 v Course: S 83-24-09 E
Course In: N 07-12-05 E Course Out: S 05-59-38 W
RP North: 10035.9236 East: 10023.3106
End North: 9813.9641 East: ]0000.0022
Perimeter: 13.60 Area: 10 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed courses and chords)
Error Closure: 0.0024 Course: S 66-44-39 E
Error North: -0.00095 East: 0.00220
Precision ]: 5,662.50
PUBLIC SIDEWALK EASEMENT (REF 16) IN NW CORNER OF PARCEL I
North: 9937.0965 East: 9701.0328 = }-KU Co IZJ/tfZ-. P",vc6/
Line Course: S 89-58-]4 E Length: ]0.23/
North: 9937.0912 East: 97] 1.2628
Line Course: S 67-03-21 W Length: Il.l]"'/
. North: 9932.7602 East: 9701.0:}r7
Lme Course: N 00-00-00 E Length: 4.34/
North: 9937.]002 East: 9701.0317
Perimeter: 25.68 Area: 22 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed courses and chords)
Error Closure: 0.0038 Course: N 15-4]-]] W
Error North: 0.00369 East: -0.00104
Precision 1: 6,757.89
PRE-SUBMITIAl REC'O
JUL 1 0 ,009
.
.
J
/'M/,I
HUH . .{
1\ 1,1l\l
&\
PUBLIC SIDEWALK EASEMENT (REF 17) IN NW CORNER OF PARCEL 2
.r .
},) tV\"^ CUy", eo/" 0! ft( V'C e-I 2-
North: 9877.3199 East: 9866.2892 -=
Curve Length: 21.62 / Radius: 223.18 ./
Delta: 5-33-04/ Tangent: 10.82
Chord: 21.61/ Course: S 48-03-52 E/
Course In: N 44-42-40 E Course Out: S 39-09-36 W
RP North: 10035.9257 East: 10023.3036
End North: 9862.8781 East: 9882.3648
Line Course: N 74-15-24 W Length: 10.37 /
North: 9865.6918 East: 9872.3838
Line Course: N 44-59-29 W Length: 12.54 ./
North: 9874.5602 East; 9863.5~
Line Course: N 45-02-45 E Length: 3.91
North: 9877.3228 East: 9866.2850
G33
Perimeter: 48.45 Area: 70 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed courses and chords)
Error Closure: 0.0051 Course: N 55-29-07 W
Error North: 0.00286 East: -0.00416
Precision I: 9,496.08
PUBLIC SIDEWALK EASEMENT (REF 17) IN NE CORNER OF PARCEL I
r 0 .
CO"'", <?v ,,;[ fa v t' e- \ I
North: 9877.3199 East: 9866.2892 .", ;J E
Line Course: S 45-02-45 W Length: 3.91 ./
North: 9874.5573 East: 9863.5222
Line Course: N 44-59-29 W Length: 13.04 /"
North: 9883.7794 East: 9854.3023
Line Course: N 18-43-33 W Length: 8.85 /'
North: 9892.1609 East: 9851.~p
Line Course: S 44-58-14 E Length: 19.74
North: 9878.19575 East: 9865.4128/
Curve Length: 1.24. Radius: 223.181
Delta: 0-19-06 / Tangent: 0.62
Chord: 1.24 / Course: S 45-07-47 E /
Course In: N 45-01-46 E Course Out: S 44-42-40 W
RP North: 10035.9264 East: 10023.3060
End North: 9877.3207 East: 9866.2916
C30
Perimeter: 46.79 Area: 67 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed courses and chords)
Error Closure: 0.0025 Course: N 73-12-48 E
Error North: 0.00073 East: 0.00242
Precision 1: 18,712.00
PRE.SUBMITTAl RECIO
JUL 1 0 2009