HomeMy WebLinkAboutApplication APPLICANT 1/5/2009
!City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Land Division Plat
Partition, Subdivision
A 'icant Name:
Davisson
Phone: 541-948-0228
Address:
Ami os III Fax: 541-302-6647
Roger Langeliers, 23021 Brushing Ct, Bend OR 97701; Gary Davisson, 2955 Metolius Dr, Eugene OR
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A Iicant's Re .: Renee Clou , PE, PLS
Phone: 746-0637
Com an :
Branch En ineerino
Fax:
746-0389
Address:
310 5th Street, S rinofield OR 97477
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Owner: same as a licant
Phone:
Fax:
Address:
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ASSESSOR'S MAP NO: 17-02-34-32
TAX LOT NO S
)L
vacant
5],619s .ft.~ 1.19acres
Acres 0 S uare Feet 0
Pro osed Name of Subdivision:
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Description of
Pro osal:
Existin Use: vacant
Associated A lications:
Pre-Sub Case No.:
Date:
Reviewed b
Case No.: .
Date. .
--
A
lication Fee: $ 3% 00
3+to~
Technical Fee: $ Posta e Fee: $0
PRE.SUB 1~~h~~DNUMBER: . ILJ ).()O~ -[(fj ~
TOTAL FEES:
'~ -""h'-
Revised 1/1/08 Molly Markarian
1 of 6
Owner Signatures
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This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
Pre-Submittal
The undersigned aCknowledges that the information in this application is correct and accurate for scheduling of the
Own'''Qm'~' nT~ DO'.,
Sign~
Roger Langeliers or Gary Davisson
Print
Submittal
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
Own." ~;;""'T
"" c.
Sign ure
9~'
<::3
Date:
IZ( 1010 '1r
Roger Langeliers or Gary Davisson
Print
PRE.SUBMITIAl REC'O
JAN 0 5 Z009
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.~
Revised 1/1/08 Molly Markarian
20f6
Land Division Plat pre-!bmittal Requi~~ments chec!ftst
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
['8]
['8]
['8]
['8]
['8]
['8]
['8]
['8]
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.. -SUBMITTAL REC'D
Verification that Street Tree Agreement is in Progress as reqJ~~. JAN 0 5 2009
Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as
required.
Revised 1/1/08 Molly Markarian
5 of 6
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Post Monumentation Deposit as requii'ea for subdivisions only. City Survey Section
has current fee schedule and templates.
o Location of Any FJoodways in accordance with SDC 3.3-400.
~ Existing Easements Clearly Identified with Their Recorded Reference.
~ New Easements and Reserve Strips Referenced in Owner Certificates of
Dedication and Purposes of Easements Identified on Plat.
o
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-SUBMITTAL REC'O
JAN 0 /) 2DD9
Revised 1/1/08 Molly Markarian
6 of 6
f
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Dregon
._', .-,t.
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Theodore R. Kulongoski, Governor
Department of Transportation
Traffic-Roadway Section
355 Capitol St. NE, 5'h 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:
. The existing reservation of access at Engineering Station 281+16
(abutting the State Highway at tax lot 2800) would be relinquished.
. The existing reservation of access at Engineering Station 281 +85
(abutting the State Highway at tax lot 300) would be relinquished.
. The existing approach at Engineering Station 282+65 is physically
restricted to a right-injright-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 REeD
JAN 0 [) 2009
@
734-2272 (11-06)
\\Sc-salemrev-11\7600shar\Grants_Of_Access\Hwy_015_MP _6.43\Letter from State Traffic Engineer to
Applicant.doc
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September 15, 2008
Page 2
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The reasoning behind the aforementioned conditions is due to the department's
concern with the safety and operation of McKenzie Highway (OR 126) in the
vicinity of its intersection with South 58th Street. The intersection has been
identified as one of our top safety concerns statewide as rated by the
department's Safety Priority Indexing System (SPIS). A recent investigation by
the Region 2 Access Management Engineer also revealed the following concerns
with the proposed grant location:
. The existing Average Annual Daily Traffic (MDT) on the McKenzie
Highway (OR 126) of approximately 20,000 vehicles per day is a
contributing factor to why a top 5% SPIS site exists at the intersection of
McKenzie Highway (OR 126) and South 58th Street.
. In 2006, a motorcyclist killed in a crash with a passenger car at MP 6.52
was related to an approach at that location.
. ODOT crash data shows 7 crashes related to driveways from South 58th
Street (MP 6.43) to MP 6.50 for the years 2003 through 2006.
. The proposed grant location is approximately 300 feet from the
intersection of McKenzie Highway (OR 126) and South 58th Street with
westbound left-turn queues observed to extend past the proposed grant
location.
. There is an existing traffic separator that extends from the intersection of
McKenzie Highway (OR 126) and South 58th Street east to MP 6.48.
. The developer has constructed "AU Street which borders the north side of
the development. "AU 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 "AU 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
not recommend approval to the Technical Services Manager until the depaom~SlJBMITTAL REC'O
receives written documentation from all property owners that documents t:h~if
JAN 0 5 2009
\\Sc-salemrev-11\7600shar\Grants_OCAccess\Hwy_015_MP _6.43\Letter from State Traffic Engineer to
Applicant.doc
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September 15, 2008
Page 3
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agreement to accept the proposed conditions of the grant at Engineering Station
282+65.
If you agree to accept our proposed conditions for a grant of access, please
contact Mike Spaeth, ODOT District 5 Manager, at (541) 744-8080 to discuss the
submission of written documentation and the next step in the grant of access
process. If you wish to make a counter proposal, you will need to submit a
Traffic Impact Study to the SGRC as described in OAR 734-051-0040 (64)
showing how your proposal would meet all of the requirements of OAR 734-051-
0085 while maintaining a full or partial movement access at Engineering Station
282+65.
If you have any questions or wish to discuss this matter further, please contact
the ODOT District 5 Office.
~'
/
v 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"
PRE-SUBMITTAL REC'O
JAN 0 5 2009
\\Sc-salemrev-11\7600shar\Grants_Of_Access\Hwy_015_MP _6.43\Letter from State Traffic Engineer to
Applicant.doc
Status: Case Status
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Page 1 of2
City of Springfield
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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 1 0/8/2008 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
Addt1100'
+ 12% State 15.84 0.00 10/8/2008
Surcharge
+ 10% Administrative 13.20 0.00 1 0/8/2008
Fee
+ 5% Technology Fee 6.98 0.00 10/30/2008
+ 5% TechnOlogy Fee 6.60 0.00 1 0/8/2008 PRE.SUBMITT~
L REC'O
JAN 0 l) 2009
http://www.ci.springfield.or.us/tm_bin/tmw_cmd.pl?tmw_cmd=StatusViewCase&shlcaseno=C...11/12/2008
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CLOSURE SHEETS
AMIGOS III PARTITION PLAT
Parcel name: 5.00' PRIVATE STORM EASEMENT
North: 9937.06884244 East 9754.84664580
Curve Length: 72.25 Radius: 125.00
Delta: 33-06-54 Tangent: 37.16
Chord: 71. 24 Course: S 73-24-47 E (,29
Course In: S 00-01-46 W Course Out: N 33-08-40 E
RP North: 9812.06885895 East : 9754.78240799
End North: 9916.73071549 East : 9823.12636007 =-NW Gov Y't.v
Line Course: S 21-32-19 E Length: 63.63 ",
North: 9857.54397454 East : 9846.48672384
Line Course: N 45-02-45 E Length: 5.45 v
North: 9861.39462250 East 9850.34353733
Line Course: N 21-32-19 W Length: 53.83
North: 9911. 46569378 East 9830.58102936
Curve Length: 9.13 Radius: 125.00
Delta: 4-11-02 Tangent: 4.57
Chord: 9.13 Course: N 54-45-49 W
Course In: S 37-19-42 W Course Out: N 33-08-40 E
RP North: 9812.06897924 East 9754.78331740
End North: 9916.73083578 East 9823.12726948
Line Course: N 73-24-47 W Length: 71. 24 c.:Z..'1 C. \., 0"" d
North: 9937.06771817 East 9754.85173349
Perimeter: 275.52
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
"
PRE.SUBMITTAL REC'D
JAN 0 5 2009
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Parcel name: 5.00' PRIVATE STORM EASEMENT OVER PARCEL 3
North: 9863.67466009 East : 9852.62201385: E. (,or"lW 'Otwi). PI" 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: 5.3t~ (~~:~)
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'D
JAN 0 5 2009
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Parcel name: PARCEL 1
North: 9937.09649754 East : 9701. 03276338 ~ NvJ (..ov...ev-
Line Course: S 89-58-14 E Length: 53.81-2. (vo",,,,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:
Del ta: 0-19-06 Tangent:
Chord: 1. 24 Cour se:
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
c..30
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 REC'O
JAN 0 5 2009
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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: S 00-00-00 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
JAN 0 5 2009
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Parcel name: PARCEL 3
North: 9864.35741042 East: 9701. 03276338 = NW c.ov"'CW-
Line Course: S 89-44-31 E Length: 151.59 v
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: S 00-00-00 W Length: 163.05 (-: 70.1,/+"'t2.';I)
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: N 00-00-00 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 v
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:. z..e
Co
PRE-SUBMITTAL REC'O
JAN 0 5 2009
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Parcel name: PARTITION BOUNDARY
North: 9937.09649754 East
Line Course: S 89-58-14 E Length:
North: 9937.06884444
Curve Length: 98.17
Delta: 45-00-00
Chord: 95.67
Course In: S 00-01-46 W
RP North: 9812.06886095
End North: 9900.41177393
Line Course: S 44-58-14 E Length:
North: 9878.19721368
Curve Length: 152.05
Delta: 39-02-08
Chord: 149.13
Course In:. N 45-01-46 E
RP North: 10035.92818424
End North: 9813.96830069
Line Course: S 00-00-00 W Length:
North: 9755.96830069
Line Course: N 90-00-00 W Length:
North: 9755.96830069
Line Course: S 00-00-00 W Length:
North: 9663.65830069
Curve Length: 20.26
Delta: 16-07-28
Chord: 20.20
Course In: S 90-00-00 E
RP North: 9663.65830069
End North: 9643.66213445
Line Course: S 16-07-28 E Length:
North: 9553.28317068
Line Course: N 87-43-15 W Length:
North: 9555.27159431
Line Course: N 00-00-00 E Length:
North: 9687.45159431
Line Course: N 89-44-31 W Length:
North: 9687.94035796
Line Course: N 00-00-00 E Length:
North: 9937.10035796
.
: 9701. 03276338
53.81
East :
Radius:
Tangent:
Course:
Course Out:
East
East
31.40
East
Radius:
Tangent:
Course:
Course Out:
East
East
58.00
East
169.45
East
92.31
East
Radius:
Tangent:
Course:
Course Out:
East
East
94.08
East
50.00
East
132.18
East: 9809.54250275
108.52
East: 9701.02360343
249.16
East: 9701.02360343
Perimeter: 1309.40
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'D
JAN 0 5 2009
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First American
.
First American Title Insurance Compilny of Oregon
600 Country Club Road
Eugene, OR 97401
Phn - (541)484-2900
Fax - (541)484-7321
FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT:
::i";,;'i;;;,~rl no:;...ti.i'i TiH~ nffi,-,=.,
-------- --..--." . .-.- ~...__.
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: radenton@firstam.com
Branch Engineering
310 5th 5t.
Springfield, OR 97477-4643
Order No.: 7199-1096851
January 14, 2008
Attn: Renee Clough
Phone No.: (541)746-0637 - Fax No.:
Email: renee@branchengineering.com
Re:
1st Supplemental Preliminary Title Report
Al TA Owners Standard Coverage Liability $ Premium $
AL T A Owners Extended Coverage Liability $ Premium $
ALTA Lenders Standard Coverage Liabi1ity $ Premium $
AL TA Lenders Extended Coverage Liability $ 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 PARTITION PLAT 2007-P2089, AS PLATTED AND RECORDED FEBRUARY 12,
2007, RECEPTION NO. 2007-009319, OFFICIAL RECORDS OF LANE COUNTY, OREGON.
and as of January 09, 2008 at 8:00 a.m., title vested in:
Amigo5 III, LLC, an Oregon limited liability company
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1.
Easement, including terms and provisions contained therein:
Recording Information: May 16, 1962, Reception No. 69803
In Favor of: City of Springfield
For: sanitary sewer
PRE.SUBMITTAL REC'O
JAN 0 5 2009
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.
.
.
Preliminary Report
Order No.: 7199-1096851
Page 2 of 5
2. 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.
3. Covenants, conditions and restrictions contained in Deed.
Executed by: George L. Mendenhali, et al
Recorded: August 27, 1962
Recording Information: 81290, Deed Records of Lane County, Oregon
4. 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 shali attach to the abutting property.
5. Covenants, conditions and restrictions contained in Deed.
Executed by: Clifford Pease, et ux
Recorded: October 02, 1962
Recording Information: 85207
6. Easement, including terms and provisions contained therein:
Recording Information: April 03, 1968, Reception No. 19606
In Favor of: City of Springfield
For: pole lines, anchors and guy lines
7. Covenants, conditions, restrictions and/or easements; but deieting 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
8. Declaration of Private Easements and Maintenance Agreement, including terms and provisions
thereof.
Recorded: December 21, 200S, Reception No. 200S-101302
9. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an
indebtedness of up to $1,7SS,SOO.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: 2006-008S14
Recording Information:
February 22, 2006
2006-012066
PRE-SUBMITTAL REC'O
JAN 0 Ii 2009
And Re-Recorded:
First Amedcan nt/e
.
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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:
February 22, 2006
Recording Information:
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. Easement, including terms and provisions contained therein:
Recording Information: September 12, 2006, Reception No. 2006-066524
In Favor of: City of Springfield, a municipal corporation
For: pubiic utiiity
13. Easement on the recorded plat/partition as follows: public utilities
14. Restrictions shown on the recor.ded plat/partition of Partition Plat 2007-P2089.
15. 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
16. Easement, including terms and provisions contained therein:
Recording Information: March 14, 2007, Reception No. 2007-017165
In Favor of: City of Springfield, a municipal corporation
For: public sidewalk and ingress-egress
17. 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
PRE-SUBMITTAL REC'O
JAN 0 Ii 2009
Rrst American Title
.
.
Preliminary Report
Order No.: 7199-1096851
Page 4 of 5
18. 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
- EOND OF EXCEPTIONS -
NOTE: Taxes for the year 2007-2008 PAID IN FULL
Tax Amount: $1,458.18
Map No.: 1702343200200
Property ID: 0140382
Tax CadeNa.: 01900
NOTE: New tax lot for 2008-2009 - 1702343200202; account no. 1804994
THANK YOU FOR CHOOSING FIRST AMERICAN TITlE!
WE KNOW YOU HAVE A CHOICE!
PRE.SUBMITTAl RECIO
JAN 0 5 2009
A"rst Amenean Title
Preliminary Report
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.
Order No.: 7199-1096851
Page 5 of 5
"" 'I ~. '" ~ C'
First American Title Insurance Company 01' 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, pennit, or governmental regulation (including those relating to building and loning) restricting, regulating, prohibiting, or
reiating 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 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 erT!inent domain. This Exdusion 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 Risk 11, 13, or 14);
.or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabillty 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 is 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-lending 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 at 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 governmental 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 lI(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, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any imp~ovement 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 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 Polley (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 daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien 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 Pubiic Records that vests Title as shown in Schedule A.
SCHEDULE OF STANDARD EXCEPTIONS
1. The Lien of Real Estate Taxes or Assessments imposed on the title by a governmental authority that are not shown as
existing liens in the records of any taxing authority that levies taxes or assessments on real property or in the public records.
2. Any Facts, Rights, Interests, or Claims that are not shown in the pubiic records but that could be ascertained by an
inspection of the land or by making inquiry of persons in possession of the land.
3. Easements, Claims of Easements or Encumbrances that are not shown in the public records.
4. Any Encroachment, Encumbrance, Violation, Variation, or Adverse Orcumstance affecting the title including
discrepancies, conflicts in boundary Jines, shortage in area, or any other facts that would be disclosed by an accurate and
complete land survey of the land, and that are not shown in the public records.
5. Unpatented Mining Claims; Reservations or Exceptions in Patents or in acts authorizing the issuance thereof; Water
Rights, Claims or Title to Water.
6. Any Lien, or Right to Ct Lien, for Services, Labor or Material theretofore or hereafter furnished, imposed by law and not
shown in the publiC records.
NOTE: A SPEW'lEN COPY OF THE POUCY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST
TI 149 Rev. 6-17-06
A"rst American Title
PRE.SUBMITTAL REC'O
JAN 0 5 2009
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WRITTEN STATEMENT
FOR THE FINAL PARTITION PLAT ApPLICATION
This application is a submittal of the final partition plat for the property located at
TM 17-02-34-32, TL 1400. The partition was granted conditional approval on March IS, 200S
under Case Number SUB200S-00007.
The foIlowing is a discussion of how the final plat conforms to the conditions of approval
placed on the tentative partition application:
I) Prior to plat approval, Parcels I, 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- I OS 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 submiffal as evidence of
compliance with this condition.
2) Prior to plat approval, Parcel I 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- I lOB. NOTE Plumbing permits are required to
install private storm water lateral.
A copy of the building permit status report is included with this submittal as evidence of
compliance with this condition.
3) Prior to plat approval, the applicant shaIl 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 I and 2.
The easement is granted on the plat.
4) Prior to plat approval, the applicant shaIl 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
addition, if it does not already exist, electric service shall be provided to Parcels I, 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 58'h Street.
PRE.SUBMITTAL REC'O
JAN 0 I) 2009
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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.
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, ln
addition, ifit does not already exist, water service shall be provided to Parcels I , 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.
7) Prior to plat approval, the applicant shall provide a copy of a new ODOT access permit for
the Main Street access.
A copy ofODOr's conditional approval letter is included with this submittal.
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.
PRE-SUBMITTAL REC'O
JAN 0 5 2009
~
Recorded at the request of
and after recording return to:
Division of Chief Deputy Clerk 20~.101~Ol
Lane County Deeds and Records
llll"'\\ \'1 nmll In"""" '11\\ m", IIlIl II' $41,00
00767122200501013010040043 1212112005 01 :20:53 P"
RPR-DEED Cnt.=l St.n=6 CASHIER 07
$20.00 $11.00 $10.00
for Lands described in Exhibits A and B
Send Tax Statements to:
<f;t{{, ,~
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Amigos Ill, LLC
P.O. Box 25
VVwtennlle,OR97489
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 intehded to adjust the boWldary 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 legW description of Party 1's property prior to this adjustment is all of the property that was
conveyed as "PARCEL 2" in that certain Statutory VVarranty Deed to Amigos ill, LLC that was
recorded May 13,2005 as Recorder's Number 2005-034709 in the OfficiwRecords ofLane COWlty,
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 COWlty, 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 means 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 Wlder Case Number SUB2005-00042.
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
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400)
Page 1 of 4
PRE-SUBMITTAL REC'O
JAN 0 5 2009
Dated this
<1
day of1)('Oo ""IT) beX'"
,2005 .
Amigo! m, LLC, an 0
Limited Liability Company
,
'-'
. Thienes, Member
TIDS INSTRUMENT WILL NOT AIliJW THE USE OF THE PROPERTY DESCRIBED INOOS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING OOS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY USES.
STATE OF OREGON )
County of Lane )SS
On \)~ h~ q ---,20 .QS..personally appeared the above named Ronald E. Tbienes,
who being duly sworn said that he is a member of Amigos m, LLC, and that the above instrument
was signed on behalf of said limited liability company and acknowledged the foregoing instrument
to be bis vol1mtary act and deed.
. OFFICIAL SEAL
. '. GAIL A WAISANEN
.' , - i NOTARY PUBUG - OREGON
\. . ..i COMMISSION NO. 370001
"". MY COMMISSION EXPIRES JULY 28.2007
~OW'
Notary Public for Oregon
PROPERTY LINE ADJUSTMENT DEED
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400)
Page 2 of 4
PRE.SUBMITIAl RECIO
JAN 0 5 2009
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EXHIBIT A
TRACT 1
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 Willamette Meridian and described as follows:
BEING all of the property that was conveyed as "PARCEL 2" in that certain Statutory Warranty
Deed to Amigos III, 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 Arnigos III, LLC by that certain Warranty Deed that was recorded May 21, 2004 as
Recorder's Number 2004-038460 in the Officia.1 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 margin of the McKenzie
Highway the following one numbered course: (1) SOUTH 87' 43' 15" EAST 50.00 FEET to a point;
THENCE, leaving last said margin and crossing into said lands that were conveyed in Recorder's
Number 2004-038460 along the following 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 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 21.00 feet easterly by perpendicular measurement
from the west line of said lands that were conveyed in Recorder's Number 2004-038460; (4) along
said tangent/parallel line, NORTH 92.31 FEET to a point; and (5) leaving said tangent/parallel line,
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: (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 following one numbered course: (7) SOUTH
89' 53' 02" WEST 298.97 FEET 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 1 08.52 FEET to a point on the west line of said lands that
were conveyed in Recorder's Number 2004-038460; and THENCE, along last said west line the
following one numbered course: (10) SOUTH 132.18 FEET RETURNING to the POINT OF
BEGINNING and containing 85,939 Square Feet (1.97 Acres) more or less.
wo<;
",""~.7)~~-~"L
ll"ln.l\....,.~ 1:'- .,: t!\4!i1> J!::~
l.A~l"~ r-~..:~'ll'fV@~
L"'c Eyy7 /2/),105
PROPERTY LINE ADJUSTMENT DEED
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400)
Page 3 of 4
PRE.SUBMITTAL REC'O
JAN 0 l) 2009
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I
EXHIBIT B
TRACT 2
AFfER PROPERTY LINE ADJUSTMENT
(TAX MAP 17-02-34-32, TAX LOT 400 AFTER ADJUSTMENT)
SITUATED in the City of 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 Number2004-038460 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, which point 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 commencement and along said north margin of the McKenzie
Highway soum 87' 43' IS. 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) NORTH 16' 07' 28. WEST 94.08 FEET to 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 ofl6' 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 and21.00 feet easterly
by perpendicular measurement from the west line of said lands that were conveyed in Recorder's
Number 2004-038460; (3) along said tangent/parallel line, NORTH 92.31 FEET to a point; and (4)
leaving said tangent/parallel line, 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) NORTH 87' 43' IS. 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.
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PROPERTY LINE ADJUSTMENT DEED
(TAX MAP 17-02-34-32, TAX LOTS 200 AND 400)
Page 4 of 4
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TO HAVE AND '1'0 HOLI;l tho lUlld;\O}1reom1iJelt WI.!h t~~lr appurtcnpl'lcas, in f_ almplO~ UntD tho amJd
Slalq orOl'Ogoll, b;r und H'!I"flII"h It. ~Intll HI&:hwu)' Commlulol\, III '~It'eCIiliOr's and OuiilJlI fDl"Q\OCr.
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':And ...~.:..~............. "the lilld IPUntor.;S._. do heroby cey.nllnl'to and with the lald SLAto 0' QrogQn. by ~nd
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File 30739
Drawing 8B-8-1 0
INDENTURE OF ACCESS
THIS INDENTURE, made and executed this c2{,
day of
~
,/
,201J!iz, by and between the
STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called "State", and
AMIGOS III, LLC, AN OREGON LIMITED LIABILITY COMPANY, hereinafter called "Owner".
WHEREAS, Slate 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.$. 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, State 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
(
'\
~OO~.Q30'08
1111111111111111111 """11111111""111111111111 $36,00 .
. 00689993200500307080030030
04/29/2005 09:23:37 AM
Division of Chief Depuly Clerk
Lene Counly Deeds and Records
RPR-ESIIT Cnl=1 Sln=1 CASHIER 05
$15.00 $10.00 $11.00
PRE-5UBMllTAL REC'O
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File 30739
Drawing 86-8-10
NOW THEREFORE, THIS INDENTURE WITNESSETH, that for and in consideration of the grant herein made by
State, OWNER does convey unto State, its 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 State 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 usa 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 permit 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 ensura proper operation and maintenance of the approach road.
PRE-SUBMITIAL REC'O
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File 30739
Drawing 88-8-10
In construing this document, where the context so requires, the singular includes the plural 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 wrillen above.
STATE OF OREGON, by and through its
DEPART NTOFTRANSPORTATION
AMIGOS III, LLC, AN OREGON LIMITED LIABILITY
COMPANY
STATE OF OREGON, County of Marion ~
Dated Opuj _ ~~ ,20 {JL, , Personally appeared Deolinda G. Jones, who being swom, slated that
she is the Right of Way Manager for the State of Oregon, Department of Transportation, and that this document was
. OFFICIAL SEAL
DALE R SHAFER
'. ' NOTARY PUBLlC-OREGON
COMMISSION NO. 374294
MY COMMISSION EXPIRES NOY. 1,2007
Nolary Public for Oregon
My Commission expires / / /;; / l.a:tJ 1-
STATE OF OREGON, County of
Dated Art': \ h
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:
~kJ~ (l~fJ,;-,
Notary Public for Oregon
My Commission expires J Il....L. :7, .20(")'
. OFFICIAL SEAL
BRENDA LEE CARLIN
. , NOTARY PUBLIC - OREGON
'..,' CO;"MISSIONNO.368530
MY COMMLSSION txPIRESJUNE 7. 20Q7
m:/shar7700a/indenturesandgrantsl30739ia
4/04/05
Page30f3 -IA
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PRE.SUBMITTAL REC'O
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I"Divlslon of Chief Deputy Clerk znnu6Z127 '.
Lane County Deeds and Records VUV-V
11111111111111111111111111111111 1111 11m IIIIIII1 $41,00
00724529200500621270030036
08/1012005 01 :47:23 PM
RPR-ESftT Cnt=2 Stn=19 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:
Declaration of Easement for Sanitary
Sewer and Maintenance Agreement
Name of Party: Amigos III, LLC, an Oregon limited liability company
Person to Whom Documents to be Retumed: ~N' rJ:~f~
~~ t'~~4" . M..f '?1'/R'
, ,
1.
Name of Transaction:
2.
3.
Information Reauired bv ORS 205.125:
None
No Change
N/A
4.
5.
6.
True and Actual Consideration:
Please Send Tax Statements to:
***.***...*..*....********.***********************************************
KNOW ALL PERSONS BYTHESE 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 particularly
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 Instwment 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 westem 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.SUBMIITAl REC'O
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though fully set forth herein.
2. Declaration of Easement Owner hereby declares the following easement with
respect to Parcels I and II:
Owner as the owner of Parcel I, for itself, its heirs, successors and
assigns, hereby grants and conveys to itself as the owner of Parcell!, 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 lies 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 line 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 line running
from the northeastern comer of Parcell! 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 line 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 extent of any damage to the sanitary sewer line caused by the
negligence 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
line installed in the Easement shall be the responsibility ofthe owner of Parcell!. To the extent
necessary to perform maintenance and repairs, the owner of Parcell grants to the owner of
Parcel II an Easement to enter onto Parcel' 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 condition as existed prior thereto.
. 4. Indemnification: Liability Insurance: Each owner hereby agrees to indemnify and hold
the other owner harmless from any and all liability arisln~ out of any act or omission resulting
in injury to person or damage to property, caused by said owner, or the employees, tenants,
contractors or lnvitees of said owner, within the Easement described hereinabove. Each owner
further agrees to procure at its own expense a policy of liability insurance protecting all affected
owners from any claims or liabilities 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-SUBMI1'TAl REC'O
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parties hereto, their heirs, successors and assigns.
7. Breach and Remedies: A failure by any party or their heirs, successors and assigns,
to perform any of the conditions or obligations specified herein, shall constitute a breach of this
agreement. In the event of a breach, the nonbreaching 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 law.
B. 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 either party arises
apart from this writing. If any part of this confract IS adjudged invalid, the remainder of this
contract shall not 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 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 attorneys' fees incurred by said prevailing party as a result of the breach.
Executed on the /t) J!/tday of #vCl/J7 ,2005.
/
AMIGOS III, LLC, an Oregon limited
liability~
~ ~!l1f~
Title: IM/H~
STATE OF OREGON )
County of Lane ) ss. ~"~ t 10 ,2005
Personally appeared the above-named ,,(o,vAi-iI iI. ?;;;F/f/Ff , as
/J1J!'l1d~,(. of Amigos III, LLC, an Oregon limited liability company, who acknowledged the
foregoing instrument to be its voluntary act and deed. Before me.
~~~tJ!g~flJ~
. OFFICIAL SEAl.
MELISSA A ZIMMER
" i NOOARY PUBllC"~EGOH
J COMMISSION NO. 356181
MY COMMISSION EXPIRES JUNE 8, 2006
3 - Declaration of Easement for Sanitary Sewer
and Maintenance Agreement
PRE-SUBMITTAL REC'O
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Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
'\
, Division 0' Chief Deput.y Clerk 'lI\ij5.1~1~ij2
Lene Count.y Deeds and Records 'U
111111111111111111111111111111111111111I111111111 $51.00
00767125200501013020050064 12/21/2005 01 :20:53 Pn
RPR-ESMT Cnt.=2 St.n=l CASHIER 05
$5.00 $26.00 $10.00 $11.00
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
The true and actual consideration for this declaration is other than monetaI)'.
KNOW ALL PERSONS BY THESE PRESENTS, that Amigos III, LLC, an Oregon
Limited Liability Company, hereafter ''DECLARANT" hereby declares the following:
RECITALS
WHEREAS, DECLARANT, is the owner of (a) the lands conveyed as "TRACT 1" and
"TRACT 2" in that. certain Pr'!lXlrty Line Adjustment Ueed that was recorded
Dece",ber ZI, 200':88 Recorder's Number 2005 10130 L in the
Official Records of Lane County, State of Oregon and (b) the lands 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 desCTIlled 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:
1.
Recitals: The recitals set forth hereinabove are made a part of this declaration as though
fully set forth herein.
Declaration ofEAS~ "A": DECLARANT hereby creates a variable width perpetua\
easement for private ingress-egress and private utility purposes over that certain area that
is described in "EXHIBIT A" attached hereto and made a part hereof for the common
benefit of the above three tracts of land.
Nullification of previous 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 utility purposes over that certain area that is described in "EXHIBIT
B" attached hereto and made a part heteoffor the common benefit of the above three tracts
ofland
2.
3.
4.
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 1 of5
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5. Extin{ruishment Clause; That portion of EASEMENT ''B'' as created herein that lies
northerly of the future margin of North A Street will extinguish in its entirety without further
action upon completion and acceptance by the City ofSprin~eld of all of the following: (1)
dedication and construction of North A Street, (2) connection of private utility lines from
the south that lie in EASEMENT ''Bn 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;
6. Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement.
7. 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 , continuous, 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 of that 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 long as the
owners or occupiers do not interfere with the use of the easements as granted by this
instrument.
8. Maintenance and ReV<1irs: The driveway established within EASEMENT "A" 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 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 equa):h~~y the owners of the above three tracts.
c. In the event repairs to the private utilities 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.
d. In all other events, the cost of repairs 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
repairs as required, the other owners, upon 15 days prior written notice to the
nonperfoniring owner, may cause such work to be done with a right of
reimbursement for all sums necessarily and properly 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 agaInst 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.
9. 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 indemill1Y 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.
10. Aonurtenance' 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.
DECLARA nON OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 2 of5
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11. Successors and AssilplS' The Easements declared herein shall run with the land herein
described and shall be binding on and shall inure to the benefit of the parties hereto, their
heirs, successors and assigns.
12. 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
owneJ(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.
13. Waiver: All rights hereunder are cumulative, andno 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.
14. Effect of Alrreement: If any part of this contract is adjudged invalid, the remainder of this
contract shall not thereby be invalidated.
15. Litil!lltion Ex,penses: 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, ailr 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 q day of bel? e..., '0<0,1.-- ,20 2.:i.:
Limited Liability Company
.
STATE OF OREGON )
County of Lane )SS
~o~~~~~~ sai~he'fsO:~e=';;;ZuWnt:rC~d=~~b:~~;=e~t
was signed on behalf of said limited liability company and acknowledged the foregoing instrument
to be his voluntary act and deed.
H_' JlQ. w '
~lic for Oregon
I) OFFIC'ALSE.I\L
. ~'" GAiL A 1!'.A'~f>.rJ:::N
.~~'iI. NOTm{PU6I.l~. (;~lGr.N
',,~i COMMISS;ON NO. 370001
'." i>': MY COI.IMtSSrO'IEXPlllESJULY 28, 2001
-J
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 3 of5
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EXHIBIT A
EASEMENT "A"
PRIVATE INGRESS AND EGRESS AND 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 I" and "TRACT 2" in that certain
Property Line Adjustment Deed that was recorded DeceVV\ \.:7ey- Z\ , 20~as
Recorder's Number 20.122 10\ 30\ in the Official Records of Lane County, State of
Oregon, said portion being more particularly described as follows:
BEGINNING at the most southeasterly comer of said "TRACT 1" 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: (1) NORTH 87' 43' 15" WEST 50.00 FEET to the
most southerly southwest. comer of said "TRACT I";
THENCE, along the southerly west line of said ''TRACT 1" 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 In and along the following three numbered courses: (3)
along said non-tangent curvature to the left having a radius center that bears North 05' 44' 21 " West
10.00 FEET, a central angle of84' IS' 39" and a long chord of North 42' 07' 49" East 13.42 feet,
an 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, NORTH 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 12.00 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, SOUlH 100.81 FEET to a point on a line that lies
parallel with and 12.00 feet northeasterly by perpendicular measurement from the south segment
of said west line of "TRACT 2"; (8) along last said parallel line, SOUlH 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, SOUTH 43.21 FEET RETURNING to the POINT OF BEGINNING and containing
6,859 Square Feet more or less.
Dec. €I WOC:
REGISTERED
PROFESSIONAL
LAN SURVEYOR
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 4 of5
OREGON
JULY 20, 1993
REXA. BETZ
8
L(. b'l?- (7-/3, I tJ S
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EXHIBIT B
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EASEMENT "B"
lO.oo..FOOT WIDE PRIVATE UTU.J.TY EASEMENT
SITUATED in the City of 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 of the lands that were conveyed as "TRACT 1" in that certain Pro~ Line
Adjustment Deed that was recorded 'Dee e.b h-eV"" i.l ,200Sas Recorder s Number
200'7- 101 30 I in the Official Records ofLane County, State of Oregon, said portion
being a strip ofland ofui1ifonn 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 "TRACT I";
THENCE, leaving said POINT OF BEGINNING and crossing said "TRACT 1", NORTIi243.69
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 c. g 2co
REGISTERED
PROFESSIONAL
LAN SURVEYOR
OREGO
JULY 20, 1993
REX A. BETZ
II.26m
IC, eiC/ I'l-/~, lot;;
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page S ofS
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Division of Chief Deputy Clerk ~M~ fllf1~l~
Lane Counly Deeds and Re~ords 'V~"V V, ,
1111111111111111111111111111111111111111111111 III $91,00
00781020200600102120100104 0 03 34"
2/14/2006 :26: P
RPR-REST Cnl=1 Sln=6 CASHIER 07
$50.00 $10.00 $20.00 $11.00
PRE.SUBMITIAL REC'O
JAN 0 5 2009
lSTAM 7199-757097-C
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().l>tI
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THURSTON CROSSING
TIDS DECLARATION OF COVENANTS, CONDITIONS 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 following 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 Parcell 0 on Exhibit "1."
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.
I.S "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 RESTRICfIONS - Page 1 JAN 0 5 2009
After Recording Return To
First American Title
PO Box 10146
Eugene, OR 97440
l,,::'C:~.,,:,~~j oy First AmeRcen TIile
Immrance company of Oregon as sn
&ccommodation only. No liability
accaple<l for condttlon 01 title or
validity, sulficlency, or ellect of
dccumo?'\t.
.
.
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 of landscaping 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 maybe 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 Architectura1 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, CONDITIONS AND RESTRICTIONS - Page 2
PRE-SUBMITIAl REC'D
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satisfY the objections of the Committee. The improvement shall then be constructed only in
accordance with the plans and specifications as modified to satisfY the Committee.
4.3 Result oCInaction. 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 Committ~ 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 anytime 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 of the Committee must be communicated in writing and shall be based upon the
decision of one (I) of its members.
Section 5.
Enforcement
5.1 Breach. Every act or omission whereby any covenant, condition or restriction
herein contained is violated, in whole or in part, shall authorize the Declarant, LibertyBank, or
any other Owner to exercise any and all remedies available under applicable law against the
offending Owner.
5.2 Other Remedies. The remedies provided in this Declaration shall be cumulative
and in addition to any and all other remedies available under applicable law.
5.3 Attorney Fees. In any legal or equitable proceeding for enforcement of this
Declaration, or any provision hereof, whether it be an action for damages, declaratory relief, or
injunctive relief, or any other action, the losing party or parties shall pay the attorney fees of the
prevailing party or parties, at trial and on appeal.
5.4 Nonwaiver. The failure to enforce any covenant, condition or restriction
contained herein shall in no event be deemed to be a waiver of the right to do so thereafter.
Section 6.
Amendment.
6.1 By Declarant. So long as Declarant owns any Parcel, Declarant reserves and shall
have the sole right to unilaterally amend this Declaration if such amendment is necessary to:
6.1.1 Cure any ambiguity and/or inconsistency between the provisions contained
herein;
DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS. Page 3
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6.1.2 Bring any provision into compliance with any applicable law;
6.1.3 Enable any reputable title insurance company to issue title insurance coverage on
a Parcel; or
6.1.4 For any purpose provided the amendment has no material adverse effect on any
substantive right of any Owner, and/or does not adversely affect the title to any Parcel, without
the written consent of its Owner.
6.2 By Owners. This Declaration may be amended by the affirmative vote or written
consent, or combination thereof, of Owners of seventy five percent (75%) of the Parcels
provided, however, that Sections 2, 3 and 4.1 may not be amended without the written consent of
LibertyBank.
Section 7.
General Provisions
7.1 Severability. If any provision of this Declaration shall be held to be invalid,
illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other
provision of this Declaration, and such other provisions shall be construed as if the invalid,
illegal or unenforceable provision had never been contained in this Declaration.
7.2 Successor in Interest. This Declaration shall be appurtenant to each Parcel
within the Property, and shall run with title to each Parcel and shall be binding upon and inure to
benefit of all present and future owners of each Parcel within the Property.
7.3 Liability. The Declarant shall not be liable to any Owner by reason of any
alleged mistake in judgment, negligence, nonfeasance, action or inaction in connection with the
Declarant's rights or duties under this Declaration, or for the enforcement or failure to enforce
any provision of this Declaration. By acquiring a Parcel, each Owner agrees that it will not file
any action or suit against the Declarant to recover any damages or to seek equitable reliefbased
on the foregoing.
The undersigned Declarant has executed this Declaration of Covenants, Conditions and
Restrictions on the /" day of February, 2006.
AMlGOS III, LLC
~t ~'R
RO ALD E. THIENES, Member
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Page 4 PR
. E-5UBMITTAL RECIO
JAN 0 /) 2009
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STATE OF OREGON, County of Lane
) ss.
This instrument was acknowledged before me on February 13-,2006, by RONAlD E.
THIENES, as a Member of Amigos III, LLC, an Oregon limited liability company.
OFFICIAL SEAL
e DEBBIE BEBEREIA
.., TARY pUBUC - oREIlOIt
" ./ ~MM1SSION NO. 3976750,lOO9
....... MY~lotlEXPll\EllllClQBERl
~~~
NOTARY PUBLIC FOR OREGON
My Commission Expires: I 011 rJ J 0 q
. DECLARATION OF COVENANTS, CONDmONS AND RES1RICTIONS - Page sPRE-5UBMITTAl REC'O
JAN 0 5 2009
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Exhibit "1"
Real property in the County of Lane, State of Oregon, described as follows:
, ,
PARCEL 1:
.' __Begln'1Jrg 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 last mentioned point being
452.0 feet South 00 aI' 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 89044' 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, Oer!<'s Filing 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 Wlllamette Meridian, Lane County, Oregon, to-wit:
Beginning at a point marl<ing the Southeast comer of that certain tract of land conveyed to the Southland
Corporation by deed recorded November 21, 1974, Reception No. 74-49658, Official 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 Southland tract; thence
East 10.0 feet to the Northwest corner of that certain tract of land conveyed to Richard E. Miles, et 1IX, by
deed recorded October 03, 196B, 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.
PARCEL3:
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 corner of the 5. 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, Oer!<'s File 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 89044' 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.
PRE.SUBMITTAl REC'O
JAN 0 5 2009
PARCEL 5:
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Beginning at a pOint which is South 00 I' 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 CWM NO. 45
in Section 33, Township 17 South, Range 2 West of the WiHamette 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 point of beginning, all in Lane County,
Oregon.
o '--PARCEl: 6:
--
,.
The South 90 feet of the foHowing described property:
Beginning at a point which is 50uth 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 CLAIM NO. 45,
in Section 33, Township 17 South, Range 2 West of the WiHamette 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 890 44' 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 619.10 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 WiHamette Meridian; thence South 890 44' 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 67.5 feet; thence South 137.79 feet; thence North 890 44' West 67.5 feet to
the place of beginnin9, in Lane County, Oregon.
EXCEPT THEREFROM the interest in the North 30 feet conveyed to the Gty 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 CWM NO. 45,
Township 17 South, Range 2 West in 5ection 33, Wiilamette 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 Gty of Springfield for 57th Place, by deed recorded
September 20, 1966, Reel 29S, 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.
PRE.SUBMllTAl REC'O
JAN 0 5 2009
Exhibit "1"-2
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Parcel 9:
BeglMlng at a polnt on the North right. of war ~ne'ot the"Md<~zie- HI9!twaY; saId~~1nt ~9 ';[si.reet .
South ()O l' West and Sollt!t8S0A4' EastB37.1 feet from the Northwest ccmer of-the's. D; Gager
Donatlon Land ClaIm No. 45 In Township 17 SOUtIIj Range'Z' West of the W1IlamettecMel1dlln; run.'thence
South 890 44' East along the North Uneof.saJd,~lghway:13.2S. fee~:thence Nortli.4S6J4Jee~ more or
less, to the centerline at the Thurston Roa!1i thence,.West along-.sald center1lne to it polntNorth of. ~
...; point of. beginning: thence-South to the point ofbeglnnfn9, In Lane.County, Oregon.
EXCS'T the following desalbed tract: BegfMfilg..t. poInton.the.Nortln1ght of. way Une.of the.
McKenzle Highway as It existed pnortD Al.g!JSU; 1962;>5Ilktpoint'lie!ng.452 reet South.co l' Westand
Souln 89" <<..Cast837;I.fOet:Jrom the Northwest comer of'the$, O. Gager'Donadon Land'Oalm No.'1S'
m 1i:JWnshlp 17 South, Range:2'West: oftfie wmamette Meridlanj nm.thence Soutllsgo-44rEast aloll9..the
North lIne at said' Highway 13.2Sfeet; tl",,,,,,, North 13T.58.feet; tl1enao.Nortl1:S90 <<'West U2Sfi!ettD.
. pofnt North of the poIntofbeglnnlng; th'en<:eSouth 137;5S',..t tDlI1e point ot.1iEg1nnll1g, 'n.Lane
COunty, Oregan. ..
'Al5O EXl:EPTING that part conveyed tD the Slate of Oregon;. Slate Highway CooIlnJssJon by deed. .
recorded'OdDber 2. 1952, <Jer1<'s RIa No. 8S2D7.Lane County oregon Deed Records, In taneCounty,
Oregon.
Parcel 10;
SlTIJATEDJnthc Ci1y ofSpriogIieIdin lho 5_114 ofSectiim34. Tawmblp 17 South,
R.I!IllO 2,Wcst oflho WiIhuoctte M<rldlali IOld described.. follows:
Bl!JNG.potdaa.oflho_1lmt.......~IOJ.m!gosm,=b11lmtocmin WammtyIle<d
1hanvu~21.2004u~Natnbcr20()4.03~lP.thoomctalItccoMsofI.aDo
Calmly, Stlllo ofOlegoo. dwJperimet<<aful4~ bafogmon. pordcuIuIydcsctibodulbllows:
CoM"'....;"g"'m._........fw4lai.ds1lmt.....~in~'Number2l104-
03&460, whiah polot Iics "",.lho _ ow;fn .f.1llo Mi;Komle l!igll""'l'U eotabll;bed inlho
coovoyaoco to lho _ ofOrep lhil.,.. ~J.Wch4.1963 "RcoepdonNimlber lS461n
tlleOfllolal~ofWOCo1mly,Stllloof~ "
TllllNc:ll. Ic&vIn; ~ poiot Or .,..,....;~_.:...:&Od aroo& lIlillllltli DW8in of lho MoKomic
ml\llwly5oum 87'43'1~EAST SO.OO Fl!IIf to lho mUEFOlNT'011l1EGlNlmiG:
"" ..,.,.',.;.... . . .
TS:ENCE,lc&vIn;lIld mUE rolNT<)ililEGmNINGoDdaidow;fnlOld.,..,.,mg1oto aid
Wllb._.....~fn_.Numbci:2QD4.03_&Iml&lhofilllowmgfilar_
-(1) NOIl2:Itl6' 07'2&"WI!S1'94;cl8 FEBTto'.poiot.of\lllgeot-.tolbcIlghl;(2)
dims Ai4...m.......dshtliavlnp__t!I&tbOuiNodli.73' g32"I!AST..72JJO~
..........r&ll8inofl6' 07'2&';ood.l<mgcbordom_W Q3.44..W...20.20F.... 00:...._
of2O.26FEBTto.pOiotoflooptli=,whiahJ!i1l&=tlloolloopomlld1rilbIOld2LOOll:cte&slaly
b1J1C'P'"'dI...,"m-...._Ibtt......iiDaofcald'WulSt!I&t~cooveyediu_.
Namber2004.Q3B40,i3).iloogald~....NOIlm923I1'BllrlD .polDl;and(4)
1eavinsaldtao;cmfpu1llld.li=,lV$!169.~PBBT.....otIcioto. poiot0l111io =tlliloof_
_1lmt......~iIr_.N.-2OO4-lrl8460:TlIENCE,oInDgllAi<l'_1mA1llo
lbUowIn; DOC _C:OmZe: (5J SOllTH208.28 PBm' ''''''OTloUto1ha soadieut.......af.
last &aid _.. sald:1lOim Iics ",,&aid _ow;fnoflho.MoKeo:Ji> lIi8I>""'l'.(Rcc"pt!oll;No.
1S:46l;..4 TlI1!:NCE, Iloo& 1lio JOUth.IilleOflulald1lOldlandJaldllCllliJDarglD,1Iio!il1lowii>g
oDOIlIIIIlbm<I_(6)mmm87'4l-IS''IIIISH<IOMlFEBT_orIioi1lE11l1lNlNGlD
1lloml3El'OlNTOl!~~f.l!6'~"833;lS2~Fccl(!Io76~~1""'""'to.S.
, " -.. -. ...--- . - . - '-._"",.._'~~--'~'-.._._."' .,.:":.~""':"';--.-;:'~.
Exhibit ','1"-3
PRE-SUBMllTAL REC'O
JAN 0 5 2009
. ~:
.
.
. ..-.--,
........;:-.::.
.'
--
PRE-SUBMIITAl REC'O
JANO Ii 2009
.;:.,...-..........
.. ,;'.' ':'.1
Parcel 11:
.'
~egimull!i. aT: a point.::.OD.' the llQ~b..dght.:.:oC.~y:.~, 9r,'en.. KOJ:zu:1:a;:l"e...It1g:h.wa.YI'
"det poL::Lt. b~:'I1O\1.I:h ISI'"' 4.4'. ~t.. .ISO-.n . teeT:' f%DIII' ....P01.nt..ll1 the .ee:ntc:z;', of"
qt:Nnt;y' P.:oad lJo. :"52'; nid.'wt; .wmt!oad. pCdht bung. 4.5T..Q.. teat:: 8oom-.O. It"
l{ut: frccn th4.llcr-~vellt comot". ot. tbo- Ii.D'. . O~:t'.DonA.t1011 ~I.iwt1 C1RiiD .Ko. .-t5.
~.A1p' U ;oueh;~ R.cqe 2" lfe21'c:, lfillurctta'H"ri.r1i.an"".f:toft .dd'hegiNUng
~'. Dm.ltO~'14:J.-S.8 'a.;., thc:naQ..8outh.U" 4ot!. ~.R'l:'".nB':a', t'.e~. thcnea
outh'143'.S1 !aet. eo. cha lI'ottlS::r1ght: at 'lI1Iy l1ne:'Qf_ crl~IJ.1.shn.Y,1 .~
n." 44' Ha.e: a.louq- add. d'~ !)~. ""Y. Ia.,__o__leot:., to..l;hO--,pLae__o!
~, :be!ng .~put ot. .fJ,4'._Qagor OCln.at1c:ln. tMd.:C1a1.m" .~'.&ection-.)], ill:.
COw:2.t:y, ~n.".. . , '. .
UQ[PT:NO .t:hG,t prt. oon;~ad.. = tha. Sut:a: g O=.g!J'I1; 'br'~
t~Ol.1qA- 1t1r:.~S1:&t4, EI1gh)tl.y O::mm:lad:on.....,1:?1- ds~ ::eccndbd:.:A~t:ZT,
1962, 1b0lp't!lm.1lo-. U12'G.....~ .County.- 0U:g0n.. Dae4dtecc:cd.it, 'in
Lan.. ~ty.r :o=ag=. . .. .-
'.
.' .'
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Parcel 12:
SlTUATED'in IIi:-Cfty-ofSpriiigfl;,ld in tho Southwest,]JiI'ofSectian34,Tow..bip 17 SOutb.
Range 2 Wcot of the WiJlamctto Meridian lDld dcs<:noed.. follows:
BElNGall of the pmpcnythatwas c:o~.. "l'ARCEL2'in thatcortalnStlltUtoryWlIIIlUI1y
Deed to Amigo. m,u.c tbat was recorded MD.y.13, ZOOS as RocortIer'. NIlIIlbe< 2005-034709 in
tho Of'licia1 RceoIdsofLBDc OJDIIty, S1Dto'oCOtogon lllgetberwill1a !'Ortli>nof1llc ~that:w=
conveyed 10 Axnigoo III, u.c by tbat certain WlIIIIIIlly Deed tbat was.recordcd May 21, 2004 as
Recorder'. NUIIlbcr 2004-038460 in tho Of'licia1 RccottIs oflam: County, Stale oC Oregon. the
perimeter of said Ian,!,bcing lIlorO partiCUlarly wenoedas follows:
BEGlNNINGat1hcsoutlIwest"""""ofsaidWuls_m=co"""Y"<iln~.Number2D04-
038460, wldc;hl'OlNT Oll" BEGIlfflINGllci on tho north llW"giao(tIlc Ml:Kcts:Ie Hl~ as
cstab1lsbcd in the """,,-10 the Slate of Oleson that was =rded Marchii', 1963 atReccption
Number 1546 in the Official Rec:ord5 ofLan. Counly, Stille of Oregon; .
THENCE, Itaving"Aid l?OINT OF BEGINmNGlDld aIolllfSaldllDtlh lI1IlIginofthe ~
Hlghway the follOwing one 1I1IlllberedCOllIllC: (1) SOUI'H 87'.43' 15" EAST 50.00 PBBTIO a poim;
TBENCE,Icavbig last saldmargin lDld ClOSSing'iIIlOsaid Iaild3lhiit were.eonveycd lnlU:corder'.
Nulllber2~8460 aIongtbe foIlowiilgt'o1lrll1llDbere.foollISes: (Z)NORTH"16' 07' 23' WEST
94;08EEEr lOa pol!l1 oflllnpt carvatmCtD 1liorigl:Il:; (3) al<mg said cm've1o 1Ilc rigbthilving a
radius COIIterthatbcm"North 13' S7,':J2' EAST 72.00 Feet, a=txa1 angle of16' 07'23',lDlda.
long oIuml ofNortb OS' 03' #' West2D.20Peet, lUl sro distaIlceof20.26PBBTto a poimoftBngeut
Une, wblch taDgdllll:oo Ii=paraIlel will11U!d 2LOOfeeteaSter1yby perpemIlCular m...memem
ftom.tbcw= lillo of.BId.londs that ""'" oonvcyedinIl:cI'0tda'.Number2004-038460:(4) afong
said tangent/pat8l1ellflla, NORm92.31FBBTlD apolnt;.lDld(S)Icavingsaidlangeotlpamllcl Une,
" EAST 169.4S.PBBT liloro.Qrl... to a poiirton the ...rline ofsaid,1imds that wcreconvcyedln
Recorder's NUIIlIler 2004-038460; 'rltn!CE, aionS said cast 1inO the "fOl1owiDg 01lC IIllmbcood
00= (6)NORm2#.03PBBT mCll1lorl... tothellOrtliWteomcroflastsaid!allds; THENCE,
a!o1lg tho IlDtlh IiDtl at Wt said bmds IlIId tIui borth 1inc ofsaid.1ands that wi::e ~ as
"l'ARCEL 2' iDRccoiacr'i Number200S:034709thefonOWillgollCnlllllbi:redcOu.se:.(7) scum
89' 53' 02' WEST298.97FEBT III thcnnrthwcstcomciofsaid "l'ARCEL2.';nmNCE,:a1onStbo
wostand south _ JlilIid "PARCllLZ' the ful1OwiiJg;two ninllb.re~fCOllllles:(S)"Sotl'I'Hnl_46
PBBT lDld (9)SOum89~.w 31'1lAS1'i0IU2F1lB1':lil apOimOli thewestlinoofsaidlimdsibat
were conveyed inRcoanler!a N\IlIIbcr 2IJ04.038460; lDldT.HENCE,.aIong:last~west Iiati1lia
fo!lowin6"0IIll.1I!lDllic:tlldCc=c: (10}soum 13:2.13 PI!.E:l'llE'IUllNlNG tot!le'POlNT.Olr
BEGINNING lDld P""'l';ni~g &5,939 Square E'ect(l.97" A=S) more od.....
Exhibit "1":'4
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Division of Chief Deputy Clerk 2O'IU:3319
Lane County Deeds and Records UU"v
Recorded at the request of and
after recording return to:
1111111111111111111111111111111111111111111111111 $61,00
00828402200600533190070073
07/26/2006 10:13:22 AM
RPR-ES"T Cnt=Z Sln=15 CASHIER OZ
$5.00 $35.00 $10.00 $11.00
Brench Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF PRIVATE JOlNT USE ACCESS
EASEMENT AND MAINTENANCE AGREEMENT
The true and actual considemtion for this declaration is other than monetary.
KNOW ALL PERSONS BY THESE PRESENTS, that (1) AMIGOS ill, LLC, an
Oregon Limited Liability Company, and 2) LIBERTY BANK, an Oregon Stock 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 NumbCr 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 of Lane
County, State of Oregon (d) the lands that are described as "Parcel I" in "Exhibit A" in
the Statuto!)' Warranty Deed that was recorded May 13, 2005 at Recorder's Number
2005-034709 in the Official Records ofLane County, State of Oregon, (e) the lands that
are described in "Exhibit A" in the Statuto!)' Warranty Deed that was recorded April ],
2004 at Recorder's Number 2004-023227 in the Official Records of Lane County, State
of Oregon and (f) the lands that are described as "Parcels 1,2 and 3" in "Exhibit A" in
the Statuto!)' Warranty Deed that was recorded Februa!)' 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 herein, is the owner of the lands that are described in the Statuto!)'
Warranty 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 III, LLC is requesting Final Site Plan approval from the City of
Springfield;
4. WHEREAS AMIGOS 01, 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 ill, LLC aod LWERTY 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 2005-10] 303 in the Official Records
of Lane County, State of Oregon, as said portions relate to the private ingress-egress
rights within "Easement A" of said 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 ingress-egress over that certain area that is described in "EXHlBIT
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.:constructed location shall
supercede the location as called in this instrument.
DECLARA TlON OF PRIVATE JOINT USE ACCESS EASEMENT AND Al REC'O
. MAlNTENANCE AGREEMENT. PRE-SUBMITI
JAN 0 5 2009
Page I of7
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3.
Nullification of a porti~n of previous easement: Amigos III, LLC and Liberty Bank
hereby nulhty and vOId that portion of "Declaration of Private Easements and
Maintenance Agreement" that was recorded December 21, 2005 at Recorder's Number
2005-101303 in the Offici.aJ Records of Lane County, State of Oregon that relates to
ingress-egress rights and maintenance thereof as said easement and rights are herein
modified and replace the aforesaid. The easement and maintenance rights in said
document 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 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 , 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
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 long as the owners or occupiers do not interfere with the use of the
easements as granted by this instrument.
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 perform such repairs as are required
under this agreement.
b. In all other events, the 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 Warranty Deed that was recorded June 30, 2006 at 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 total costs of repairs
and maintenance based on a proportionate amount of said costs [being 90% of the total
costs] that is equal to the ratio of the area of the land hel~ by that owner relative to total
land area of said remaining owners that are benefited herem. .
c In the event that an owner fails to perform any such necessary mamt:nance and
r~pairs as required . the other owners, upon 15 days prior written noUce to the
nonperforming own;r, may cause such work to be done with a right of reimbursement !or
all sums necessarily and properly expended to remedy such fllllure. If the nonperformmg
owner fails to pay such reimbursement on demand, the o~er(s) causmg such. work to ~e
done shall have the immediate right to record a hen agamst the nonperformmg owner s
property benefited by this agreement. The owners agree that such hen shall be.tr~ated as a
construction lien pursuant to ORS Chapter 87, subject to foreclosure and pnonty as set
forth in the construction lien statutes. . .
Insurance: Each owner shall maintain public liability insurance at all limes relatmg to all
activities, conditions, operations and usages on or about the Easement ~nd. ~nve~ay.
Each owner shall indemnifY and hold harmless the other ~wners from any hablllty ansmg
out of the usage of said Easement and driveway by said owner, their tenants, agents,
employees guests and invitees. . .
Appurteml~ce: The Easements set forth herein are not personal or m gross but are
appurtenant to each and every portion of the lands benefited herem, as more partIcularly
described and set forth hereinabove. . . .
Successors and Assigns: The Easement declared herein shall run WIth the lands herel.n
described and shall be binding on and shall inure to the benefit of the partIes hereto, theIr
heirs successors and assigns. .
Brea~h and Remedies: In addition to the remedies set forth above, a ~~lIure by an~ owner,
their heirs, successors and assigns, to perform any of the condllions or obhgalions
4.
5.
6.
7.
8.
9.
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT AND I
MAINTENANCE AGREEMENT PRE-SUBMITTAL REC 0
Page 2 of7 JAN 0 5 2009
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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.
II. 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.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT
USE ACCESS EASEMENT AND MAINTENANCE AGREEMENT on this
Z-I..\. -rh day of -:::JI.A l'1 ' 2006
AMIGOS m, LLC, an Oregon Limited Liability Company
4 .
~bJ~
Ron d E. Thienes, Member
LmERTY BANK, an Oregon Stock Bank
Sign~~ ~/L-
Print Name: TI".:..... C\''l'',~
Print Title: ~. r-C
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT A.ru>SUBMlTIAL REC'O
MAINTENANCE AGREEMENT 1"1<1:-
JAN 0 5 2009
Page 3 of7
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STATE OF OREGON )
)55
County of Lane )
On this ~ day of ~ tA \ I... , 2006, personally appeared the above
named Ronald E. Thienes, who being duly sworn said that he is a member of Amigos III, LLC,
and that the above instnunent was signed on behalf of said limited liability company and
acknowledged the foregoing instrument to be his voluntary act and deed.
OFFICIAL SEAL
. GAlLA WAISANEN
. NOTARY PUBLIC. OREGON
\. .I COMMISSION NO. 370001
. . MY COMMISSION EXPIRES JULY 28. 2007
A.:J Q, uL-~
Notary Public for Oregon
STATE OF OREGON )
)ss
County of Lane )
On this ;l5~ day of ~ l\~ , 2006, personally appeared the above
named (l,.:O", C llr\.l">' , who is the ( ~~ of
Liberty Bank and who is known to me to be the identical individual who executed the forgoing
instrument 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. 3747ffl
MY COIIlIiSSION EXPiRES NOYEIIlIER 17.2007
JL.jiY\G~
Notary Public for Oregon
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT ANDPRE SUBMITIAl REe'
MAINTENANCE AGREEMENT -
JAN 0 5 2009
Page 4 of7
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.
EASEMENT" A"
PRJV A 'IE 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 114 of Section 34, Township 17 South, Range 2 West of the
WilIamette Meridian and described as folIows:
BEING a portion of (I) 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 2],2005 at Recorder's Number 2005-]01301 in
the Official Records of Lane County, State of Oregon; (b) as "Parcel I" in "Exhibit A" 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 2006-0]8447 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 LmERTY 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 folIows:
BEGINNING at the most southeasterly comer 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 870 43' 15" WEST 50.00
FEET to the most southerly southwest comer 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 ]" and along the following four numbered courses: (3) along said non-tangent
curvature to the left having a radius center that bears NORTH 050 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 tangent/paralIel line,
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 a long
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" 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 SOUTH 450 00' 00" WEST 6.81, an arc distance of7.56 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 tangent/parallel line
along the following one numbered course: (8) SOUTH 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 EASEMENT ANDRE SUBMITI'^L REC'D
MAINTENANCE AGREEMENT . p. 1'\
JAN 0 5 2009
PageS of 7
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COWlty, State of Oregon; THENCE, along said north line the following one numbered course:
(9) NORTH 890 44' 3 I" WEST 30.00 FEET to a point on a line that lies parallel with and 30.00
feet westerly by perpendicular measurement from aforecalled course number (8); THENCE,
crossing into the lands that are described in "Exhibit C" of the Property Line Adjustment Deed
that was recorded at Recorder's Number 2006-018447 in the Official Records of Lane COWlty,
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 COWlty, State of Oregon along
the following four numbered courses: (10) NORTH 144.18 FEET to a point of tangent curvature
to the left; (1 I) along said tangent curvature to the left having a radius center that bears WEST
15.00, a central angle of 900 00' 00" and a long chord of NORTH 450 00' 00" WEST 21.21, an
arc distance of23.56 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. I 8, an arc distance of 12.37 FEET to a point 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) NORTH 33.23 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 was recorded at Recorder's Number 2006-018447 in the Official Records
of Lane County, State of Oregon along the following four numbered courses: (15) along said
non-tangent curvature to the left having a radius center that bears NORTH 430 37' 22" EAST
20.00, a central angle of 43037' 22" and a long chord of SOUTH 680 II' 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 measurement from aforecalled course number (12); (16) along said
tangent/parallel line, EAST 174.66 FEET to a point of tangent curvature to the left; (17) along
said tangent curvature to the left having a radius center that bears NORTH 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 extension of aforecalled course number (8); and
(18) along said tangent/parallel line 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 "Parcel I"
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, Siate of Oregon; along the
following one numbered course: (19) SOUTH 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) SOUTH 177.39 FEET to a point of tangent curvature to
the left; THENCE crossing into "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 and along the following (six) numbered courses; (21) along said
tangent curvature to the left having a radius center that bears EAST 4.81, a central angle of 900
00' 00" and a long chord of SOUTH 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
measurement from aforecalled course number (6); (22) along said tangentJparallelline, EAST
108.68 FEET to a point of tangent curvature to the left; (23) along said tangent curvature to the
left having a radius center that bears NORTH 4.81, a central angle of 90000' 00" and a long
chord of NORTH 450 00' 00" EAST 6.81, an arc distance of 7.56 FEET to a point of tangent line
which line lies on the northerly extension of aforecalled course number (4); (24) along said line,
NORTH 67.00 FEET to a point of tangent curvature to the right; (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 NORTH 220 31' 23" EAST 36.77, an arc distance of 37.74 FEET to a
point of tangent line; and (26) along said tangent line, NORTH 450 02' 45" EAST 35.57 FEET to
a point on the south margin of the future extension of North "A" Street; THENCE, along said
margin the following two numbered course: (27) SOUTH 440 58' 14" EAST 10.76 FEET to a
point of tangent curvature to the left and (28) along said tangent curvature to the left, having a
radius center that 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 feet 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 EASEMENfR~~BMI1lAl RECIO
MAINTENANCE AGREEMENT \L. oJ
JAN 0 5 2009
Page 6 of7
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parallel with and 24.00 feet southeasterly and easterly by perpendicular measurement from
aforecalled course numbers (25) and (24) the following three numbered courses: (29) SOUTH
45002' 45" WEST 35.97 FEET to a point of tangent curvature to the left; (30) along said tangent
curvature to the left having a radius center that bears SOUTH 440 57' 15" EAST 24.00, a central
angle of 45002' 45" and a long chord of SOUTH 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 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; 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 FEET to 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 16007' 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.
:JZ ( . Z:<! '7CJtJb
RE "STeREO
PROFESSIONAL
LA Sl,;!1 R
C:' ON
JULY 20, 1993
REX A. 8rn
j..,c e;'p /2o/J, 07
DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENT AND PRE.SUBMITTAL REC
MAINTENANCE AGREEMENT
.IAN 0 5 2009
Page 7 of7
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Recorded at the request of and
after recording return to:
Branch Engineering. Inc.
310 Fifth Street
Springfield, OR 97477
r Division of Chief Deputy Cierk "Iln~ nr,,,o
Lane County Deeds and Records ,~UV~~,
1111111111111111111111111111 ""'11'11'1111I1'11' $46.00
00828407200S00533200040046
07/2612006 10: 13:22 AM
RPR-ESKT Cnt=2 Sln=15 CASHIER 02
$5.00 $20.00 $10.00 $11.00
DECLARA nON OF PRIVATE JOINT USE STORM
DRAINAGE EASEMENT AND MAINTENANCE
AGREEMENT
The true and actual considemtion for this declaration is other than monetary.
KNOW ALL PERSONS BY THESE PRESENTS, that AMlGOS m, LLC, an
Oregon Limited Liability Company, hereby declares the following:
. RECITALS:
I} WHEREAS AMIGOS Uf, LLC, an Oregon Limited Liability Company, being a
Grantor and Grantee herein, is the owner of (a) the lands' that are described in
"Exhibits C and 0" 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 0" 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 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 (d) the lands that are described as "Parcel I" in "Exhibit
A" in the Statutory Warmnty Deed that was recorded May 13, 2005 at Recorder's
Number 2005-034709 in the Official Records of Lane County, State of Oregon;
2) WHEREAS LffiERTY BANK, an Oregon Stock Bank, being a Grantee herein, is
the owner 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;
2} WHEREAS AMlGOS 01, LLC is requesting Final Site Plan approval from the City of
Springfield; and
3) WHEREAS AMlGOS III, 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: AMIGOS 111, 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 storm water 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 Prooertv: 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 ReDairs: The cost of any maintenance or repair of the storm drainage
improvements within the easement area shall be the responsibility of the owners of those
lands that are descnbed as "Tract I" 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 PRIV A IE JOINT USE STORM DRAINAGE EASEMENT AND
MAINTENANCE AGREEMENT
Page I of4
PRE-5UBMIlTAL REC'D
JAN 0 5 2009
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E) Successors in Interest The provisions of this instrument touch and concern, and 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 willi 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
aforementioned lands.
IN WITNESS WHEREOF, we have executed this DECLARA nON OF PRIVATE JOINT
USE STORM DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT on this
/I day of -:T.... I '(t . 2006
Amigos fi, LLC an Oregon Limited Liability Company
STATE OF OREGON )
)ss
County of Lane )
On this II day of "J" l< I~ ' 2006. personally appeared the above
named Ronald E, Thienes. who bWing duly sworn saId that he ]s a member of Am.gos 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,
::n/lJA'lL ~L CruL
Notary Public for Oregon
. OFFICIAL SEAl
. BRENDA LEE CARLIN
\, ;; .i NOTARY PUBLIC. OREGON
'" ", COMMISSION NO. 368530
MY COMMISSION EXPIRESJUNE 7, 2007
DECLARATION OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND
MAINTENANCE AGREEMENT PRE-SUBMITTAL REe'
Page 2 of 4 JAN 0 5 2009
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EXHIBIT "A"
BENEFITED LANDS
BEING a tract ofland in the Southeast 1/4 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 ofthe south margin ofthe 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 ~eement that was recorded :::r.;. ~
(<0.2006 at Recorder's Number 2006- ~:::s 3/ Cf in the 0 cial
Records of Lane County, State 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.
DECLARATION OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND
MAINTENANCE AGREEMENT PRE-SUBMITIAL REeD
Page 3 of 4 JAN 0 I) 2009
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EXHIBIT "B"
PRIVATE JOINT USE STORM DRAINAGE EASEMENTS
SITUATED in the Southeast 1/4 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 and described more particularly as follows;
PARCEL I
BEING the east 5.00 feet by perpendicular measurement of 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;
EXCEPTING theretrom all that portion lying northerly of the southerly margin of the future
extension of North "A" Street.
PARCEL 2
BEING a strip ofland of uniform width of25.00 feet lying within the lands that are described as
"Tract I" in "Exhibit A" in tbe 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 feet; THENCE, leaving said POINT OF
BEGINNING and along said south line and its westerly prolongation SOUTH 890 44' 31"
EAST 117.52 FEET to a point on a line that lies parallel with and 9.00 feet easterly by
perpendicular measurement trom 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 trom 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 I" 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 trom the easterly extension
of that certain south line of aforesaid "Tract I" 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 trom that certain westerly line of said "Tract I" that
has a bearing and distance of South 132. I 8 feet. RE..;~~f.RED
PROfESSIONAL
LAND SU:1VEY R
?-i Iq l.1ClP
C?.EG N
JULY 20, 1993
REXA. BETZ
DECLARATION OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND . ~;f~~;f
MAINTENANCE AGREEMENT
PRE-SUBMITTAL REC'D
JAN 0 Ii 2009
Page 4 of 4
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PUBUC UTILITY EASEMENT
Tax Map & Lot Numbers Map 17-02-33-41 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 24,"" day of ~, 2006 by and between
Amigos III, LlC, an Oregon Limited Liability Company, 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.
WITNESSETH: In Consideration 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 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 unUTIES
which may hereafter be installed on the following described property, to-wit:
SEE EXHIBIT "An
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 WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals this
'24 it.. , day of -::r '^ \ '1 ' 2006
AMIGOS III, lLC, an Oregon Limited Liability Company
~ ".
-m~J /, ~~
./ on (j r.Thi~;s, tlember
STATE OF OREGON
COUNTY OF LANE
} 55
BE IT REMEMBERED that on this-ll-dayof ..ju,,\'{ , 2006, before me, the
undersigned, a notary public in and for said County and State, personally appeared the within named Ronald
E. Thlenes 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.
.l-u)...... Z-$. ?.ODl
My Comlnission Expires
THE CONVEYANCE set forth in this instrument conveying IiIIe or interest to the City of Springfield, a Municipal
Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby
accepted. .
~ Cd---
Notary Public for Oregon
CITY OF SPRINGFIELD
By:
lJ___.(9#~
Dennis P. Emst - City of Springfield Surveyor
5EPrSMB~t.. 5.:j ZCO<D
Date
Dlvlalon of Chl.f Deputy Clerk 200e.^ee~21
Lane County Deeds and Recorda U UUUv ~
111111111111111111111 11111 11111" 1111111111111111 $31,00
00843310200600665240020029
09/12/2006 01:13:47 P"
RPR-EsnT Cnt=1 Stn=5 CASHIER 06
$10.00 $10.00 $11.00
RETURN TO: CITY OF SPRINGFIELD. PUBLIC WORKS OEPT .225 FIFTH STREET - SPRINGFIELD, OREGON 97477
Z:'\RENEE E-MM.~\SPRlNGFfELD\CIy Forms\PuC)liC UliIiCy ~doc
REVtSEO Septemb<<. 2004
PRE-SUBMITTAL REC'O
JAN 0 5 2009
.
.
EXHIBIT "A"
7.00-FOOT PUBLIC UTILITY EASEMENTS
SITUATED in the City of Springfield in the Southwest 114 of Section 34 and the Southeast 114 of Section 33,
Township 17 South, Range 2 West of the Willamette Meridian and described as follows:
BEING two portions of the lands that were conveyed to Amigos III, LLC, an Oregon Limited Uability Company,
(1) as "Tract 1 after Property Line AdjustmenF in "Exhibit A" of that certain Property Line Adjustment Deed that
was recorded December 21 , 2005 at Recorder's Number 2005-1 01301 in the OffICial Records ofLane County,
State of Oregon; (2) 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, Slate of Oregon; (3) in
"Exhibit 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, Slate of Oregon; and (4) in "Exhibit C" 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; said portions being more particularly described as follows:
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 'S'P pt. 12, 20()(P at Recorder's Number ZO()(p. fo{P S 2 3
Lane County OffICial Records.
The easterly margin of said strips being the easterty boundary of said 'Tract 1 after Property Line Adjustmenr'
(Recorder's Number 2005-101301). The westerly margin of the northerly 7.00 foot strip being the westerly
boundary of said "Parcell" in "Exhibit A" (Recorder's Number 2005-034709). The westerly margin of the
southerly 7.00 foot strip being the westerly boundary of said "Exhibit C" (Recorder's Number 2006-018448).
5", \1 zo, ??JOG.
REGISTERED
PROFESSIONAL
LA~ SURVEYOR
OR N
JULY 20. 1993
REX A, BETZ
_.~ g
I c. G:t'1' /Z/J,/07
RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET -SPRINGFIELD, OREGON 97477
f"'''o/\lln~ IITTAL REC'D
Z;\2005\05-2040 Theine. pca1ifion\SURVE'f"I>MTITlON DOCUMfNTS\PutJIic. U1i1ity Enemenldoc VJSE . ~12OC)C
IU. \{,,'-':Jj,111 r
JAN 0 I) 2009