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Home My WebLink AboutApplication APPLICANT 7/10/2009 . 1# ).,11 01<'0. -- . City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 land Division Plat Partition, Subdivision '. . . -. 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 .........~. "",,'" ~',,,,. ",',''',-",.,-""""(",,.,,-,.-., .r""",:-,'""".'_"""'''''' ""'_. '''''IJ':lOC',-""',,,,,,,,,,,,:,,,,',l>,-,,,,;-,i:,.., - ." .<..,",,~< ".,'.",.,:.,1"".".'.,01 u-'C!" ,'",,_,; 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 i "l.-.\.I' ";'~" ,,- ."0,' ., ','''''..,,,,.,,.,,,, -"<'.1''"'-'''''''1''''''' ,', '~"''';'''J:'",-,'; , ..,. ',-,-n":'~,i.'" ",'"-."-,,,, .. "0..;", ~ Owner: Same as A licant Phone: Com an Address: Fax: "","'-'.;'-.0:(' .-. -,<-.'.<.',.":,,':" _, '_.'_U:..;; ~ '; ,." ....",.",t,,-,.,.,.' '_,' 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 ,. ... ;'''.'_'', ." ..... ',.c_,.>,..,~ en "''''''l'. ., . ~,.,,_:; . '...,'1""'" ';_'''.', ,-"""""I.~.'!'""_""".'-'-",."~",_',_-,_L',,,;,,,~, '~""-,.."'_d._'''_ . ~'.iy..IlY"H":'N" '.-, ,"",', .<;, 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 . - . -... Tentative Case #: SUB2008-00007 Associated A lications: Pre-Sub Case No.: /2f2.Voq- 0002D Date: Reviewed b ~ Case No.: A lication Fee: $ Date: Technical Fee: TOTAL FEES: $ oLflt>DD PROJECT NUMBER: PKJ2JX52-{JJ02! j.""",m5'~""""-""''''' E;:'!=!"'!'8-._""-='-'''''''C'''',c;;",~,,,,,,~,,:,,,~_ ,"_'f-~"'C;"'"","'''.C~'-''~l'~'",.,,,,,,''':':'; ."~~~""'i>i"'_-".~,,",-=. "';' ."-"e,'",,,., ~""''''''_~''''~~'''"!1:~ i~j''''':-l'''I''-'c._''''_-''''-...o:''1''R.0'l',j'I('''r;1.'~I='''-~'''---crc""m'm~~;""",,-c..p>,"'l\'i~"~,'l't,,"'--er"'''=-.d'_e'''''';<''"'''__''''.';'.''"~<:' Revised 1/1/0B Molly Markarian PRE-SUBMlITAl REC'D 1 of 6 JUL 1.02009 . . 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. ~ ~ ~ ~ ~ ~ ~ ~ o o o o o o o 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. 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 o 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 . . 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 . . 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 . . 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 f . Dregon . 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 . 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 . 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 " . . (.'4' " ~(1 . ~ " , 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:~~ , I "".~, 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\)\)~ . , . . ,J , 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 .. . , .. . . ,I) . ~ 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 ,. . . 1'\0 ~T 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 .)U'- , . 9. . . 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 . ' '. 1, . . 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 . . 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 . . . . . 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 . . 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 . . 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? . . . . 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 . . - >. . . 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 . . c ' 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 . . 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 . . '. 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 . - - - f.",.t:>f' 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 1/ . . :;; - ",- PUBLIC UTILITY EASEMENT (5l ILl' ..----- 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 ,: .r,~y ~~< ".~::;:;~(:!..(~:!r,[~J~L~.I.;" ~:~: {~ ...,.... ~ ..<;.~"~~....c"""_<;"~<'." -..:s...:;..":;.~1 ;Jd& &L----- 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-_ . REVISWSeplCl'T1b8<.2004 '...-.'-.....-. . i.)- . ,...... 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 _.,~ 6 1-, c r;~/, It!), /0 7 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: REVlSEDSepIwrIOer,2OOol . ~ . . ZoOl- olVo5'Z o;,o...."-'O.\\'- eo.S4",,'-~ "V\ l'lE: 0>v".... 1LZo1... 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 ReVl8ED~,2lX\o4 . Q '.. .- ,..-'..,..,....".... .. .-,.; " . 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 REVlSEO&.p4tmb1r,2OlM q , ',' - .,. . . z.oo"l - 0 Iii c.,,:> s; eM Wo.\\(.. .u.~",,""+- b\J4- 'TL 'Z-02., z.qoo 4 ~"l- 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:..- ~ / ,'-l 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 Z:12Oll5\llS-2O<lO~~IDEWALKEASEMEHT8\PubIIgS~.encl~~.doo REVl8fO~,2004 '" ,;"); . . 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.. ?, 0 ~11.-Z<..o1.. 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 REVl8EDSeplMnbIr,2(X)4 " . '. ,~,I~ . . 2.001 - b 11\ \DlI S:JJ.. wo-I't- ~~",,-.. O\Ja..-- 'It- Zo'2. (;" N"'bd1.l. ~ N"fI' 5+ ~~e.) 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 z.~OTl'Ml"-~URVEY\llIDEWAIJ(EASau:NTlJIPubfk::~P8rl>>I2"",",.doe RE'IIlSED~~.2OtM ....". . ...' ._.,...:.....j .... 'j- ;.0.. . . 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' I '- C ce, Iu> h >.< 1'1. 7'1 --------- 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 lI,l.... ~ ~__ ~-c~-'f' . . }Jo'tc 3 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 cew f . . ~~ . 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 cew PRE-SUBMITTAL REC'D JUL ] () 2009 I . . ...... ~ ," 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 caw PRE-SUBMITTAL REC'O JUL 1 0 2009 E'/c- -#5 pe\-R.~+ okkve Mc.v,-4 qI2~'OCj . \l ~ ~()'r-+ ~J $" u VV\. WtV"''1 &( gDI oCJ (-- !f3 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. '2..- ~_3 4 5" ft, .V/A 1<Z... '2l q to U 1,-+ 15 ./JA 1<0 17 1'1' N/A 13 2- 7 '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). :taL- '. L. . '-- <- (. . \1 "'\.. ~ E, . . . I -I, . ""-- -, '"' 1'-' I, PRE-SUBMITTAL RECIO JUL 1 0 2009 -- . e,O, j r" U6Z <;;-\Yi c' \1 ,,;'n -= ,- Division or Chief Depuly Cierk Lane CDunly Deeds and Records "- ~OO~I0212 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 JULIO 2009 lstAM 7199-757097-C - ~ . . -StY \0- ,,- " ') ;,.<:>Y 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. . . 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 . . 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 PRE-SUBMITTAL REC'O JUL 1 0 Z009 . . 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 PRE-SUBMITIAl REC'D JUL 1 0 2009 . . 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. - ~~~ 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 \ - '" -""~ M__ . . .' 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 . . '.' 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: -' 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 . . 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: '.' .'-',- ,";.'. . . 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 . -= = .' . ., ---- . Parcel 11: , . . ".' ';:~.:: .' ~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. COUht"E, ~.. . . " . ~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 LAC' ~; :ong=.. .... - ..' .- ~. .' " Parcel 12: 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 . - ... ~ ."..",.'- .. ..... ".1 1 I \ I "..: . -~ , . . .' 1!)4fi TO HAVE AND 'l'O }'IOLD lhe lIald~'Ilrolnlsc~ with lllclr ii.ppurtcnll~ecs. in feo simple, un\n tho v.n1d . . . 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. i I ! "J "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 I " :'i . . 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:..,. thl~ .J.z:... dn)' of .. .i!!~'$,fR^7- ... ._. ...... 19....~ . Done ill prt'Sonco of: II Il A f ti\i ~. 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'-:;~;.0~/:~; 'r.!"m~_i..u\':_'lIiLlJ.~... :J'~ 2i',1 i,'t';:'~' ~r;.wH"r~'-> ~:'G' ~~~~.J:'HI !'WJ ~,{ ~~1tJ :/",j:1; (0".;1>.0:: ,., IJI~"'II'I,f^' 1.' "-i.l.};i;pi~~~,. .::c>:.T!~~. nl,. .uS"{q -p,~'c,. 'e:rr:j .co..uc,:J.' ~I;f:i. 'm ~;;.: ;""J_~I' H"'\~ -0{ 'f1'''I' l;lCY.' H>:f': i !t~l"':'::' A"ffi.i'l~~~": . D,",lOC).'f\.~r.:'b1.c;l: at !"..JU,", ~,)::"p\' bJ,.?~:OI}' 1'.:lfr; ').,.)fUt i""!";;' J~,:'-t.,,;:: vl,):.L~.' "{ '.-'M_'d(.",::~!~.:.rU$ . .'.' 'JJr.'t,.'rrnr.o)_.h~'1.J~JG' p{i'2P~-u>! \.lJJq It'ff."" . ph. qlO'C'.! '1;0'';,''') -'i'!'':;W':: 1?' f';'i"E~'" }I"')~ :;....... :.~.it'?:. \'~1' . -'.' . B~lf~:.rU!Tli;_ [;t:.~ bofJ!' ~"" i=PQ ~.rJ:~'1fu:;'~( :,. ;_(.9cr '~'. r.!I"-" C'_'" \"j->)", t'" t':IH.'.',)<": ro :htiJ~jO.,' :f::,;,t~~~!E[;;~:'!~;:::~E~;:iEi:r~;:::%':":',~:;E'i,';';~;r;)~~':t~:..;:~:", V.i;,~;:',;u;:;,. ,,:,~:"'U'"ft (nIq:,_i.-~.r.u<<..t1. ~~r~~.t\ot~c;~ Ii"! M~J"p;:"p 'R)~I ULOU<, ,WG ....OJ.(cn-WUb ql;u'-!;.n~lil ~:,'::~.l.lr":\'" ro...uf.p~.;j.,~- m.ow .~t.Q.LO;U'tl:t~J.;_..~,C:9Q:l~.t'i;9 lll1J.bOQC' ot. or.:'~rt.JlcPl\lE:' M(:cn;;-~""N.rr:,l'" .:..:;qvP'ltlJf1!P:' \ I; 08oo4tll,rt:, SIJY''''!: _..' . fU !\Tq~j:i' .rr.S:':;-fliGi. tlIW.. flh"'l 'q~:H.' l.:;l !.IJ lti.r..U. PUlq.C-a;;po:'OlJI . . 'ln1.q" C'JO t!a_La~ E:r.:'lfUr'.~-x2.tq>>' )l"n .obq eOUAl)2\. IpJr-o .tll.. OJol.-l..f..I'". ~ htn.t;~,w::r ll'r-ll-ft').. ~I..'! wv.~ q:13' o,.:gll~':I" tor. tltrq to :,o&m:rqQLUnOU. l)'{, '';~!r,. D~i[.J.r. fO Vi:lll:l rY ,~;'~.: a i".i"ii:ii"'a ~.:rir "~~~~i~~~tt~~";,r~~~~Af,.u"i\f"D .l',',:","~~~~~,~....;""",~"~Ji~.. :e"'; ,'..: ......~, '.;'~ ..... ,=~ ~,~ ~ :...."'..t ..,. ...U.....1T02Z0G ,":\".'C ,i . il'v".'U'''''''' .JL-.,."".,.~ .., ,~,', "'~'<>"h .. ., . ,. .,-'..,. .- , & ~j!'a;" '~i' ""Q''' .. ". ,., .. .'.; ,.....y".., :~: ";, :~ ',...-", ....,:;.,. ~;\'~"".:;~::"llf...,-l:~~:1'- _l!'. ~.. .:,- .. .,:..~,~,:~\< ..~:t~_:CO~~: 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 1 " 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 j' 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 '> , ~~.0~~W::~~D 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 Statu s Parcel Help 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 . . " ""''''''' ~ ~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 . 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 . . 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 . . Ipfri . .1- \(/.'\ . . v \'/;~ (p 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