HomeMy WebLinkAboutApplication APPLICANT 1/27/2011
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.
SPRINGFIELD
~.
.city of Springfield
Development Services Department
225 Fifth Street.
Springfield, OR 97477
Site Plan Review Minor Modification
. .-
licant Name: Crossroads Center, One LLC
Phone: 1-284-0624
Com an :
Fax:
Address:
840 Beltline Rd. Ste. 202 S rinofield, Or. 97477
A licant's Re
Com an :
Boss
Phone: 541-284-0624
Fax:
Scan
Address:
840 Beltline Rd., Ste. 202 S rin 'field, Or. 97477
Owner: Crossroads Center, One. LLc
Phone: 541-284-0624
Fax:
Com an
Address:
840 Beltline Rd., Ste. 202 S rinufield, Or. 97477
ASSESSOR'S MAP NO: 17-03-22-20
TAX LOT NO S : 02000
3306 Gatewa Street
6.06 Acres
Acres ~ S uare Feet 0
Pro osed Name of Pro"ect: Peteo
Description of
Pro osal:
Existin Use:
If you are filling in thjs form by hand, please attach your proposal description to this application.
. Ex atision of existin buildinu 6K s ft to 10K s ft to accommodate new national et su I ehain
Vacant Retial Furniture Store
. ,.. ~
Associated A lications:
A lication Fee: $
Date:
Reviewed b
-17(0--
Technical Fee: $
bl,o<{ Posta e Fee: $0
':"-";';,
PROJECT NUMBER:
TOTAL FEES: $
JAM 2 7 2011
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Date Received:
Original submittal
Revised 1/1/08 Molly Markarian
1 of 10
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Signatures
The undersigned acknowledges that the information in this application is correct and accurate.
APPlicaL{_ t: Il~
_ _~ Date:
-.gnature
Whitney Boss
Print
Owner:
If the applicant IS not the owner, the owner hereby grants permiSSion for the applicant to act In his/her behalf.
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iy; II JDJi- Date: a <76: WI
Signature / /
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5 l i \\A ~ ~ruaJ QlQ.
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Date Received:
JAN 2 7 2011
Original submittal
Revised 1/1/08 Molly Markarian
2 of 10
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Goebel Engineering & Surveying, Inc.
Engineering - Surveying Land Planning Services
310 Garfield Street Eugene, Oregon 97402
Phone; (541) 687-0542 Fax; (541) 687-0739 E-mail: uoebeltl!QoebelenQ.com
Hydrologic Study
for
PETCO
al
Crossroads Center
(Santa Barbara Urban Hydrograph)
Assessors Map 17-03-22-20
Tax Lot #2000
Date Received:
JAN 2 7 2011
Prepared for
City of Springfield
Original Submittal
January 2011
8(ItlBIT' L
.
.
The proposed modification to the 6,000 square foot retail building will have no impact on
the existing stormwater system at Crossroads Center. The applicant proposes adding
4,000 square feet to the north and west sides of the existing building, as well as replacing
concrete sidewalks and asphalt paving. The applicant further proposes that one landscape
island (185 square feet) located north of the northwest comer of the retail building is to
be replaced with concrete sidewalk and building. The applicant is planning to replace
one-half (or 93 square feet) of another landscape island, located north of the northeast
corner of the retail building, with a concrete sidewalk.
All of the modifications are located within the West Drainage Basin of the Center. Sub-
basins W2, W5 and W6 will be impacted by this change. Sub-basin W5 consists of
15,246 square feet of paved parking and concrete sidewalks. 4,000 square feet will
become roof area and will, therefore, be added to sub-basin W6's 7 ,405 squ~e feet. An
additional 1, 100 square feet of existing concrete sidewalk and asphalt pavUig. will'be
regraded and will drain easterly into sub-basin W2 (which currently contains 43,[24
square feet). The total area oflandscape islands proposed for removal is 278 square feet,
which is 0.2% of the paved parking area. Therefore the curve numbers remain the same.
Hydrologic and hydraulic analyses of the existing stormwater conveyance system that
will be impacted by the swapping of areas within the 3 sub-basins are limited to the outlet
pipes for each sub-basin. The attached hydrologic and hydraulic reports for sub-basins
W2, W5 and W6 show a minor change in peak runoff values when compared to the
original report. Please note that the original report used different rainfall rates than the
current Code requirements. A revised West Basin Map is also included in this report.
Date Received:
JAN 2 7 2011
. Original Submittal
I: ;
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AREA W6 & W7
8" DIA
0.31 AC
S = 0.88%
0J = 0.27 CFS
QC= 1.13CFS
AREAV2
6" 0\
0.14'jr
S = [36%
Q =181 SFS
Origina. Submittal
1.01 AC
0.86 CFS
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DEMO & REPLACE I
EXISTING MANHOLE. 2" ~.
CONNECT TO EXISTING """",, 1- N2
STORMWATER PIPE. ~ I
VERIFY LOCA TlON AND FLOW LINE. ,,~-=:..... - ii'-;- -,
EXISTING Q = 4.76 CFS - - - - _s{
POST DEVELOPMENT Q= 2.90 CFS II
DRAINAGE \ WATER QUALITY SWALE A AR
DEPTH OF WATER (5 YR) = 0.19 FT it;; 12" DIA
S =: 0.005% - 1.12
CONTACT TIME = 12.82 MIN. ~ S
Q (5 YR) = O. 16 CFS
VEL = O. 13 FPS . Q
SEED SOD WITH
WESTERN FESCUE
GRASS
AREA WI. W2. W3. W4.
W5. W6. W7, W8
24" DIA
3.27 AC
S = 0.17%
0J = 2.89 CFS
Oc = 7.92 CFS
AREA W8
Ir DIA
0.35 AC
S = 0.88%
Q = 0.31 CFS
, .
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.
.
MINOR MOD W2 Type fA 24-hr 5 YEAR Rainfal/=3.80", AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
H droCA[)@9.10 sin 04646 @2010H droCAD Software Solutions LLC pa e 1
Summary for Reach 3R: W2
Inflow Area =
Inflow =
Outflow =
43,986 sf,
0.86 cfs @
0.86 cfs @
0.00% Impervious,
7.98 hrs, Volume=
7.98 hrs, Volume=
Inflow Depth> 2.85" for 5 YEAR event
10,440 cf
10,423 cf, Allen= 0%, Lag= 0.1 min
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Max. Velocity= 2.57 fps, Min. Travel Time= 0.3 min
Avg. Velocity = 1.63 fps, Avg. Travel Time= 0.5 min
Peak Storage= 17 cf @ 7.98 hrs
Average Depth at Peak Storage= 0.44'
Bank-Full Depth= 1.00', Capacity at Bank-Full= 2.14 cfs
12.0" Round Pipe
n= 0.013
Length= 50.0' Slope= 0.0036 'f'
Inlet Invert= 0.00', Outlet Invert= -0.18'
Reach 3R: W2
Hydrograph
O.95~ .-
0.9; "'".-"
o.85~ ";,,"
0.8': "","
0.75: '/
O.7~ "",'
O.65~ ~ /"
O.6~ " ,,"
Iii O.55~ ,,"
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~ 0.45' ,
it :"'-
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0.2~
0.15',
0,1;
0.05~
.. l_ _ _I-- --i _ - , ...
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---~-- ~---~----~---~----~---~---~----I-----...---~----I-----
_ 1 n RR -s I 1 I I I I t I I I I
--~ 0.86 ds -~----:----i---~----:----;----:----;---~-----l----I------
.. _+ ..+ __ .,_ __ -I- - 4--. + n Inflow Area=43.986~sf-,
_ _ _ I _ _ _ __I I I I I I I , , I ,~ ,
'. _:.. __:'. == =; = ===i= = ==t = = = ~= = ==C='Ayg~.f:16,-f;(O:ept~~O:44'=.
, . I 1 1 \ , . I ' ,
..,. ...;j[1[Ei~are!,,2j5rJ~
. __ +._ _ / .. ~. _..:_.. _+.._~. .__:..n '. n.' __ __'. Ro.unCl PIRe
..... i... \Ej..:... j...r .lj,l... EnJJ~~~~..
. '. '. . _. _ L..". _ _ _L._ _ L _ .-'_. ._,__.~i':.Q,0036 I
,,//.~...' I ' I I , I -;----~.----
>./, :'/;'~::: L. eaD~itv=2~14 cfs.
, /"'//'~"'/_.<~.;>:' >~-",;~--<//:,~_/",,:-~"<<'~'<>; '/
, '
t_ _ _t..
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,
,
,
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,
r
/
,
,
"
"
0;5' . ., 6' "-7
8 .. 9 "1'0" 11
12' . . '1'3' . . '1'4'
Time (hours)
15 "1'6" 1'7'
"l's' "1'920
Date Received:
JAN 2 7 2011
Original Submittal
'..'fI.'
.
.
MINOR MOD W2 Type fA 24-hr 5 YEAR Rainfal/=3.80", AMC=3
Prep'ared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HYdr6CAD@ 9.10 sin 04646 @ 2010 HydroCAD Software Solutions LLC Paqe 2
Time
(hours)
5.00
5.50
6.00
6.50
7.00
7.50
8.00
8.50
9.00
9.50
10.00
10.50
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
Inflow
(cfs)
0.15
0.18
0.19
0.23
0.24
0.33
0.85
0.40
0.30
0.23
0.20
0.18
0.17
0.16
0.15
0.15
0.14
0.14
0.13
0.13
0.13
0.12
0.12
0.12
0.11
0.11
0.11
0.11
0.10
0.10
0.10
Hydrograph for Reach 3R: W2
Storage
(cubic-feet)
o
5
6
6
7
8
17
10
8
6
6
6
5
5
5
5
5
4
4
4
4
4
4
4
4
4
4
4
4
4
4
Elevation
(feet)
0.00
0.19
0.20
0.22
0.23
0.27
0.44
0.29
0.25
0.22
0.21
0.20
0.19
0.18
0.18
0.18
0.17
0.17
0.17
0.17
0.16
0.16
0.16
0.16
0.16
0.16
0.15
0.15
0.15
0.15
0.15
Outflow
(cfs)
0.00
0.17
0.19
0.23
0.24
0.33
0.85
0.40
0.30
0.23
0.20
0.18
0.17
0.16
0.15
0.15
0.14
0.14
0.13
0.13
0.13
0.12
0.12
0.12
0.11
0.11
0.11
0.11
0.10
0.10
0.10
Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W2 Type fA 24-hr 25 YEAR Rainfal/=4.80", AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAO@ 9.10 sin 04646 @ 2010 HydroCAD Software Solutions LLC Paqe 3
Summary for Reach 3R: W2
Inflow Area =
Inflow =
Outflow =
43,986 sf,
1.09 cfs@
1.09 cfs @
0.00% Impervious,
7.98 hrs, Volume=
7.98 hrs, Volume=
Inflow Depth> 3.62" for 25 YEAR event
13,260 cf
13,238 cf, Allen= 0%, Lag= 0.1 min
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Max. Velocity= 2.73 fps, Min. Travel Time= 0.3 min
Avg. Velocity = 1.75 fps, Avg. Travel Time= 0.5 min
Peak Storage= 20 cf @ 7.98 hrs
Average Depth at Peak Storage= 0.51'
Bank-Full Depth= 1.00', Capacity at Bank-Full= 2.14 cfs
12.0" Round Pipe
n= 0.013
Length= 50.0' Slope= 0.0036 'f'
Inlet Invert= 0.00', Outlet Invert= -0.18'
Reach 3R: W2
Hydrograph
"i
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./
,
,
,
,
I I I 1 I I
. ~...;... .:... .l.. .1'nflo\l\,-Area:::43,986:sf.
I I I 1 , I I I , I
1 1 I " I I I .
: :' A;vg. ,Flow Deptti=0.51,
I I I , 1 ' ,
: :Max Ve.I=2.:73 fps
I , 1 I j
, " 12'0"
I d 1 .
I I I I
, Round Pipe
, , .
n=0.013
, ,
Ll=5().O'
, ,
Sf::O.0036 'f
'1 I j
. ':':'~///;>/~",. S~apaci =2:14 cfs
-'.,- ,.' .,. ....... ~ -'/~< ..f/~..',. ...:/>:.<</
1-
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,
,
,
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5
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.'
.'
// /,,<'
,
,
"
"
,
,
"
(;
]"8il"10
11
12 13' . '1'4 15 16
Time (hours1
'1'7' .. 18
1'9' . . '2'0
Date Received:
JAN 2 7 2011
Original Submittal
..
.
MINOR MOD W2 Type fA 24-hr 25 YEAR Rainfal/=4.80", AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@9.10 sin 04646 @2010 HydroCAD Software Solutions LLC Paoe 4
Time
(hours)
5.00
5.50
6.00
6.50
7.00
7.50
8.00
8.50
9.00
9.50
10.00
10.50
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
Inflow
(cfs)
0.20
0.23
0.25
0.30
0.31
0.42
1.08
0.51
0.37
0.29
0.26
0.23
0.22
0.20
0.18
0.19
0.18
0.17
0.17
0.16
0.16
0.16
0.15
0.15
0.14
0.14
0.14
0.13
0.13
0.13
0.12
Hydrograph for Reach 3R: W2
Storage
(cubic-feet)
o
6
7
8
8
10
20
11
9
8
7
-7
6
6
6
6
5
5
5
5
5
5
5
5
5
5
4
4
4
4
4
Elevation
(feet)
0.00
0.22
0.23
0.25
0.26
0.30
0.50
0.33
0.28
0.25
0.24
0.22
0.22
0.21
0.20
0.20
0.19
0.19
0.19
0.19
0.18
0.18
0.18
0.18
0.18
0.17
0.17
0.17
0.17
0.16
0.16
Outflow
(cfs)
0.00
0.22
0.25
0.30
0.30
0.42
1.08
0.51
0.38
0.29
0.26
0.23
0.22
0.20
0.18
0.19
0.18
0.17
0.17
0.16
0.16
0.16
0.15
0.15
0.14
0.14
0.14
0.13
0.13
0.13
0.12
Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5.W6 Type IA 24-hr 5 YEAR Rainfal/=3.80", AMC=3
Prepared by GoebelEngineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@ 9.10 sin 04646 @2010 HydroCAD Software Solutions LlC Paae 1
Inflow Area =
Inflow =
Outflow =
Summary for Reach 1 R: W6
10,457 sf,
0.20 cfs @
0.20 cfs @
Inflow Depth> 2.85" for 5 YEAR event
2,482 cf
2,478 cf, Atten= 0%, Lag= 0.1 min
0.00% Impervious,
7.98 hrs, Volume=
7.98 hrs, Volume=
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Max. Velocity= 2.51 fps, Min. Travel Time= 0.3 min
Avg. Velocity = 1.59 fps, Avg. Travel Time= 0.5 min
Peak Storage= 4 cf@ 7.98 hrs
Average Depth at Peak Storage= 0.22'
Bank-Full Depth= 0.50', Capacity at Bank-Full=' 0.53 cfs
6.0" Round Pipe
n= 0.013
Length= 50.0' Slope= 0.0088 'f
Inlet Invert= 0.00', Outlet Invert= -0.44'
0.22:
0.21~
02,
0.19;
0.18,
O.17~
O.16~
O.15~
O.14~
~ O.13~
~ O.12~
3 0.11'
o .
lL O.1~
O.09~
0.08 ~
O:07~
O.06~
O.05~
0.04'
O.03~
0.02:
0.01;
0":
5
Reach 1 R: W6
Hydrograph
___.'____1__
,
- - - T - -
. . _ 1
,
,
, ,
. J _1_ _. _ +- _ _... _ _ _ 1_ . _ _ .. _ _ . _ ~ _I-- _ . .1 _ _ _ I-- _ . .
, I , , I I I t I I
, - ~ - ,. - - r - - - , - - - - " - - - r - .. ~ "l - - - -, - - - 1 - - - -, - - - . ,.. - - -
J I j _ _ _.J _ _ _ _,_ _ _' L _ _ _,_ _. _,_ _ _ J _. _ _'. _ _ L _ _ .
.:.. . .:... .:... ~....:..Ii1flow A'rea=10457:sf.
, I , , I , l r , J, ,
: ::;:::::::. [::: ~:::: AV9' . FiowDep' th;"O.:22'
I I 1 I.' , _ , ' .
../ .- . - ., - - - -,- - - - .. - ~ - -1 - - - r- - - - 1- -, - - I- - - -+ - - .., - - - . j-
,-+--'::-:- u:---c---.MaxVel=2.51.fps.
. _ _ -l _ _ _ .1.,_ ~ _ _ -1-. _ _ j _ . . _ L. _ _ _. " . _ _ _I _ _ _ _ '- _ _ _ .j _ _ _. _ _. _... ._
I :_ _ _ r ~.. _ _ ~ _ _ _ ~ _ _ __:~ _ _' ~ __ _ .: . __ ~__ 6.0"-
___>___:____.___~____:_---~----~----:-- _J____' _ .,'-___
'~'" .,.. --e___ ~- - -'C""" -;... ..,. .RoundPlpe-
, I I I ) [ I I I
= ~ = ~ = =:~ = ~ ~ [ ~ ~ ~ ~ - ~ ~ -:. ~ : -, ~ ~ ~ = ~ ~ ~ - = ::= ~ ~ ~ = ~n=O:O~-3 =
I I , I , I I I I . I
><~": : r:: ~::: j::::t:::i::: :i::::t::' j:. .L]==50~?::
'-./ '__~_~__~__.~__:..:S:::0.00881..
~ /,,:.... ,.- - : I I I , ,: ;
, / ';'/.,/:~.'/: '-,:;'/r~".. - 'aci . ::;0:53 cfs
, .' / . ///-
..,' ,... .,....,. , "
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Time (hours) Date Received:
.
,
,
,
- - - "1- - -
---.,----
----.----
.J _
,
" ,
, ,
. --,-_._j-
__L
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5-W6 Type fA 24-hr 5 YEAR Rainfal/=3.80': AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@ 9.10 sin 04646 @2010 HydroCAD Software Solutions LLC Paae 2
Time
(hours)
5.00
5.50
6.00
6.50
7.00
7.50
8.00
8.50
9.00
9.50
10.00
10.50
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
Inflow
(cfs)
0.04
0.04
0.05
0.06
0.06
0.08
0.20
0.09
0.07
0.05
0.05
0.04
0.04
0.04
0.03
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.02
0.02
0.02
Hydrograph for Reach 1 R: W6
Storage
(cubic-feet)
o
1
1
2
2
2
4
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Elevation
(feet)
0.00
0.10
0.10
0.11
0.11
0.13
0.22
0.14
0.12
0.11
0.10
0.10
0.10
0.09
0.09
0.09
0.08
0.08
.0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.07
0.07
0.07
0.07
Outflow
(cfs)
0.00
0.04
0.05
0.05
0.06
0.08
0.20
0.10
0.07
0.05
0.05
0.04
0.04
0.04
0.03
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.02
0.02
0.02
Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5-W6 Type IA 24-hr 5 YEAR Rainfal/=3.80", AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@ 9.10 sin 04646 @2010 HydroCAD Software Solutions LLC Paae 3
Summary for Reach 2R: W5
Inflow Area =
Inflow =
Outflow =
11,192 sf,
0.22 cfs @
0.22 cfs @
0.00% Impervious,
7.98 hrs, Volume=
7.98 hrs, Volume=
Inflow Depth> 2.85" for 5 YEAR event
2,656 cf
2,652 cf, Atten= 0%, Lag= 0.1 min
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Max. Velocity= 2.50 fps, Min. Travel Time= 0.3 min
Avg. Velocity ='1.57 fps, Avg. Travel Time= 0.5 min
Peak Storage= 4 cf @ 7.98 hrs
Average Depth at Peak Storage= 0.20'
Bank-Full Depth= 0.67', Capacity at Bank-Full= 1.13 cfs
8.0" Round Pipe
n= 0.013
Length= 50.0' Slope= 0.0088 'f
Inlet Invert= 0.00', Outlet Invert= -0.44'
Reach 2R: W5
Hydrograph
0.24,
0.23;
0.22'
o.21~
0.2'
0.19'
0.18'
0.17 ~
O.16~
0.15:
" O.14~
~ 0.131
~ 0.12,
~ O.11~
O.1~
O.09~
O.08~
O.07~
O.06~
0.05'
004"
0.03;
0.02,
o.oH
0' .
5
: -- ,----,: ---, '--i--- ,---
1 - - -I . - -,.. - - - 1 - - - .t - - ,- - . - r- - 1 - .
1 _ . . _'. _ _ _ .l _ _ _ J_ _ _ _,_ _ _ _ _ _ _ _ _ _ _ ! _ _ _ _ _
I 'I I , I I .
::. ~... .:::::::: ::....~:: InfloW Area:::t1,':192:sf:
1 I , , I , F I I ' ,
:::~: .'::.. -. ~ .:::::: :C:Avg.FlowDepth=020"
I I I I I . , , ' . -.
-:: j:: :::..:. t:::;::::~::: t::: :,tv1a~ Vel=2:~O fps
. - .~ u - _,_ - - - ~ . - - ~ - - I _ ~ - - .: - _ ~ ~ _ _: _ 8.0"
_ _.1 _ _ _ _1_ _.' _ i. ~ 4 _ .J . _ _ _I- _ _.L _ _ _1_ _ l _ _ J _ _ _ ..1_ _ L. _ .
..;..;...;.. : . :.--~...:.--.:--Round Pipe.
__J __.1 __ .1_ J_ _L__ L_.__I____c___J._ __1____,..__
, ~ -- - ~ - -" -:- - - - ~ - - - -:- - - - ~ - - - ~ - -n=0;0:1-3-
J _ _ _ _ I _' , _ _ . _ '_ _ _ _ 1. _ _ _ _, _ _ _ _1_ . _ _ 1 _ _ _ _, _ _ _ _ '- _ _ _
~ - ~ - ~:~ ~ ~ t = = = j ~ = = =:= = = = ~ = = = =:= = = - ~ - - - i - - .~=50~O'-
- -:-- - - -~- - - ~ - - - -~ - - -~._- u:_ - - ~:~~ -S:;O;OO-88~')~~
- ~ - - - -, - - - - 1- - - - -, - - -, - - - - ,- - - ~ - - - -' - - - - ~ - - -
6 7 8
"""' -', -, -, '"'" ".,
9 10 11 12 13 14 15 16 17 18 19 20
Time (hours) Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5-W6 Type fA 24-hr 5 YEAR Rainfal/=3.80': AMC=3
~tepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
Hy~roCAD@ 9.10 sin 04646 @2010 HydroCAD Software Solutions LLC PaQe 4
Time
(hours)
5.00
5.50
6.00
6.50
700
7.50
8.00
8.50
9.00
9.50
10.00
10.50
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
Inflow
(cfs)
0.04
0.04
0.05
0.06
0.06
0.08
0.22
0.10
0.08
0.06
0.05
0.05
0.04
0.04
0.04
0.04
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.02
Hydrograph for Reach 2R: W5
Storage
(cubic-feet)
o
1
2
2
2
2
4
3
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Elevation
(feet)
000
0.09
0.09
0.10
0.10
0.12
0.20
0.14
0.12
0.10
0.10
0.09
0.09
0.09
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
Outflow
(cfs)
0.00
0.04
0.05
0.06
0.06
0.08
0.22
0.10
0.08
0.06
0.05
0.05
0.04
0.04
0.04
0.04
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.02
Date Received:
JAN 2 7 2011
Original SubmiltaL___
.
.
-,,!
MINOR MOD W5-W6 Type /A 24-hr 25 YEAR Rainfal/=4.80'; AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HvdroCAD@9.10 sIn 04646 @2010 HvdroCAD Software Solutions LLC Paae 5
Summary for Reach 1 R: W6
Inflow Area =
Inflow =
Outflow =
10,457 sf,
0.26 cfs @
0.26 cfs @
0.00% Impervious,
7.98 hrs, Volume=
7.98 hrs, Volume=
Inflow Depth> 3.62" for 25 YEAR event
3,152cf
3,147 cf, Allen= 0%, Lag= 0.1 min
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Max. Velocity= 2.67 fps, Min. Travel Time= 0.3 min
Avg. Velocity = 1.71 fps, Avg. Travel Time= 0.5 min
Peak Storage= 5 cf @ 7.98 hrs
Average Depth at Peak Storage= 0.25'
Bank-Full Depth= 0.50', Capacity at Bank-Full= 0.53 cfs
6.0" Round Pipe
n=0.013
Length= 50.0' Slope= 0.0088 'f
Inlet Invert= 0.00', Outlet Invert= -0.44'
Reach 1 R: W6
Hydrograph
0.28
0.28
O.24~
O.22~
O.2~
O.18~
J!! O.16~
.!O
~ 0.14-
0
u: O.12~
O.1~
0.08'
0.08'
O.O4~
0.02'
0',
5 6
, ,
- ~ -,- - - - ,- -
.. - - - ~ - - - -!- - --
, ,
I , I , 1
-I - - ~ -,- - - - r - - I I . ',' - - - ,. - - . I
--:. d" ~--~-.u~ulnflowArea=10 457:sf.
I I , I 1 1 , I 1 " '
I I , I I A' F' I I ,
- ._',._.._'___r_u,____'n. vg; low-Oepth=0.25"
I I I ) l . . . . .
_u;_'__:____! . L :";'MaxVel=2.67fps
. - 1 t' - .., l----t----r----I----.-----;----,-..- _'0 - -
-: .:~ - p,~-- -:----~----~----:----:----~._--:-_~.,QI~-
.::- -: ; :: -~. :--Round Pipe
I 1 , I I ,
.~- ",-' : " 'T- : u 'u -; -n=0.0:1-3-
I , , , 'I I I 1 ,
:--- .;. - j",-- ~- -:----~----:----~- --~- [:::'50'-0"
, l I r I I . ,-
r - - -, - - -r - ~ - T - - - -'1- - . - ,- .. .- - 1 . . - -. + - " - r + - -
, . : ' : '5=0.0088 'f'
1. - - - ..J, _ _ _ _ ,_ _ _ _ ; _ _ .. _, _ _ _ _:_ ~ _ . ~ _ _ _ ',' ~ _ '~ _
" aci =0.53 cfs.
~ - . ,. - -..j - - - -,- - - - .. - .
--''"1.
,
,
-- .'r
,
.,-
,
,
,
, ,
- - t - - - -,- - - - r- --
, I , I
~__l__~_I~_~_L_. _J__.._
, I , , ,
, I I I
7
,.... ,
8 9
10
. .,' , "
11 12 13
Time (hours)
,
14
15
16
1'7
18
, .
19 20
Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5-W6 Type /A 24-hr 25 YEAR Rainfal/=4.80", AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@9.10 sin 04646 @2010 HydroCAD Software Solutions LLC Paqe 6
Time
(hours)
5.00
5.50
6.00
6.50
7.00
7.50
8.00
8.50
9.00
9.50
10.00
10.50
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
Infiow
(cis)
0.05
0.05
0.06
0.07
0.07
0.10
0.26
0.12
0.09
0.07
0.06
0.06
0.05
0.05
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
Hydrograph for Reach 1 R: W6
Storage
(cubic-Ieet)
o
2
2
2
2
2
5
3
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Elevation
(Ieet)
0.00
0.11
0.11
0.12
0.13
0.15
0.25
0.16
0.14
0.12
0.12
0.11
0.11
0.10
0.10
0.10
0.10
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.08
0.08
0.08
0.08
0.08
Outfiow
(cfs)
0.00
0.05
0.06
0.07
0.07
0.10
0.26
0.12
0.09
0.07
0.06
0.06
0.05
0.05
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5-W6 Type fA 24-hr 25 YEAR Rainfal/=4.80': AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@9.10 sin 04646 @2010 HydroCAD Software Solutions LLC Paoe 7
Inflow Area =
Inflow =
Outflow =
Summary for Reach 2R: W5
11,192 sf,
0.28 cfs @
0.28 cfs @
Inflow Depth> 3.62" for 25 YEAR event
3,374 cf
3,368 cf, Allen= 0%, Lag= 0.1 min
0.00% Impervious,
7.98 hrs, Volume=
7.98 hrs, Volume=
Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs
Max. Velocity= 2.68 fps, Min. Travel Time= 0.3 min
Avg. Velocity = 1.68 fps, Avg. Travel Time= 0.5 min
Peak Storage= 5 cf @ 7.98 hrs
Average Depth at Peak Storage= 0.22'
Bank-Full Depth= 0.67', Capacity at Bank-Full? 1.13 cfs
8.0" Round Pipe
n= 0.013
Length= 50.0' Slope= 0.0088 'f
Inlet Invert= 0.00', Outlet Invert= -0.44'
O.3~
O.28~
0.26-:
0.24-:
0.22'
0.2':
en 0.18-:
~ O.16~
~
.2 0.14-:
u.
0.12' .
0.1:
0.06'
0,04-:
0.02'
Reach 2R: W5
Hydrograph
---+----1---
,
, ,
~, . - - -I - - - - 1- - - ; - - - - I- - j - - -1- - . 1_ _ _ _ +. . _ _I_
I I I I , r I I I
--:-- _:____1.____:____; ---f----;--- ----~--------;_---
- --~.., ; _.: - - -:---Inflow Area=11192;sf-
I t r I I , , I I " ,
-' - -! -. - -- - - -~ --':'" ';"AY-g:FI6wDeptll=0:22'-'
- - - "i - - - . I - I ~ - - I - - - 1- - - T - - " -- - , -: .. - -',' - I - - -
/ __: __ .:___ _, _ ' '_ _ ,_ _ Max Vel::::2.68 fps
\ I I I I I I , ,r . ,
--:- - -- ~ - - ~ - - - -:- - - -} - - - -;-- --I. - . : f - -- :- -- 8'.O'~
) , 1 I I I , I " I I
- -~---:- - - ~ -- ~- - -:' -- - ~- - '~--- ---R6linaPifie'-
. _...:. _ _ _1_ _ _ _ L _ _ _ ~ _ _ _ _ 1_ _ _ _.L _ _. _1_ _ _ _1_ _ ";.!. _. _'. _ _
, , , , , , , , , '00'''3
_~____:_ __~ _ .__:____:____~----:___.~-_-'~--n~ . ~I_ _
I I' r. I I I I I
,-- ~ -- - ,- -- - ,-- - .., - - -- e, ' C , - , -L:,=50..0' -
, 'I 1 .
: : --:-' --: -S~0:0088"'I"
- - -; ~~:~~/'/:': -- - -- -- - ,_... 0 ~1.13cfs:
/. -~~///~<-:// :./'./>
,
,
,
- - -"1- ---
_ _..t. _
, ,
.! _ _ .1_ _ . _ l _
, ,
, ,
--,--- j"
,
1
,
.,
6
, .
7 6 9
10 11 12 13 14 15 16
Time (hours)
, ,
17 18 19 20
Date Received:
JAN 2 7 2011
Original Submittal
.
.
MINOR MOD W5-W6 Type fA 24-hr 25 YEAR Rainfal/=4.80", AMC=3
Prepared by Goebel Engineering & Surveying, Inc. Printed 1/10/2011
HydroCAD@ 9.10 sin 04646 @ 2010 HydroCAD Software Solutions LLC Paae 8
Time
(hours)
5.00
5.50
6.00
6.50
7.00
7.50
8.00
8.50
9.00
9.50
10.00
10.50
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
Inflow
(cfs)
0.05
0.06
0.06
0.08
0.08
0.11
0.28
0.13
0.10
0.07
0.07
0.06
0.06
0.05
0.05
0.05
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.03
0.03
0.03
0.03
Hydrograph for Reach 2R: W5
Storage
(cubic-feet)
o
2
2
2
2
3
5
3
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Elevation
(feel)
0.00
0.10
0.11
0.12
0.12
0.14
0.22
0.15
0.13
0.11
0.11
0.10
0.10
0.10
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.09
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
Outflow
(cfs)
0.00
0.06
0.06
0.08
0.08
0.11
0.28
0.13
0.10
0.07
0.07
0.06
0.06
0.05
0.05
0.05
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.03
0.03
0.03
0.03
Date Received:
JAN 2 7 2011
Original Submittal
11
. :r-l
~
\ --1
I
.:! \ !
(\, -
-
';< ~
~ ~ ~
f"-
\1) .... E
a: % ~:, I
~ ~ (/)"
iG
S
at
5
I ,
110I"
. '
\
.
.
.
City of Springfield'
Application for Minor Modification of Existing Site Plan for
Crossroads Center
TO:
City of Springfield
Department of Community Development
DATE: January 25, 2011
FROM:
Sycan Development, by and through
f-I~~:=D.4-plLl:ftOCL23
Richard D. Boyles and Whitney Boss
SUBJECT: A Petition for approval of a Minor Modification of previously approved
CommerciallRetail Site Plan.
REQUEST:
Applicant requests approval of a Minor Modification of
previously approved Site Plan Journal Number DRC 2003-
00063.
OWNER:
Crossroads Center One, LLC
840 Beltline Rd. Suite 202
Springfield, Or. 97477
~l
'W:
rfy
APPLICANT:
Sycan B Corp by and through RichardD. Boyles
and Whitney Boss
840 Beltline Rd. Suite 202
Springfield, Or. 97477
PROPERTY DESCRIPTION:
The property is designated as Map No. 17-03-22-20 Tax
Lot No.2000. The property is more particularly described in
Exhibit A, attached hereto. A preliminary title report for the
real property is attached hereto as Exhibit B
PROPERTY LOCATION:
The property that is subject to this request is currently
addressed as 3300 and,3306 Gateway Street. The property
is more commonly known as Best Buy and 6000 sqft of
vacant retail space, formerly known as Brenner's Furniture.
The property is located south of Beltline Road, west of
Gateway Street., and east ofInterstate 5, in Springfield,
Oregon. Date Received:
JAN 2 7 2011
I
Narrative Minor Modification of Site Plan
January 25, 20 I I
cnQ~.ilil.1\! e~Rfe';1t%e;-UC
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PARCEL SIZE:
Approximately 6.06 Acres
SPRINGFIELD CITY LIMITS:
URBAN GROWTH BOUNDARY:
COMPREHENSIVE PLAN DESIGNATION:
CURRENT ZONING:
SITE ANALYSIS:
, Inside
Inside
Community Commerical
Community Commerical
The property at issue is an approximately 6.06 acre parcel located in the city of
Springfield at the intersection of Beltline and Gateway, east ofInterstate 5. The property is
accessed at its southeastern corner from Gateway Street, just south of its intersection with
Beltline Road, together with an easement authorizing access to the property through a private
street. Exhibit C attached hereto.
The property is generally square in shape. The western property line follows the
Interstate 5 North to Beltline 'Rd. and Gateway Street. The eastern property line abuts tax lot
1600, which is currently the Shilo Inn and Elmer's Restaurant, and tax lot 1900, which is
,
commonly known as 3346 Gateway. The Applicant proposes a continued retail use for the space,
which is consistent with the area, zoning and neighboring properties.
. SUMAMRY OVERVIEW OF PROPERTY HISTORY UNDER THIS OWNERSHIP AND
EXISTING CONDlTONS:
The subject property was commonly known as the Clarion Hotel until Sycan purchased
the property in 2003 and applied to the City of Springfield, for land use approval to redevelop the
property as a retail shopping center. This request was approved in February 2004. The Tentative
Site Plan application approved the redevelopment of the property; "the total square footage at
final build out is approximately 106,000, with 554 parking spaces proposed to serve the total
build out of three retail buildings." Redevelopment was undertaken and completed in its first
phase in 2005, with approximately 54,100 sqft now comrrionly known as Best Buy and the
vacant space subject to this minor modification application. Furthermore, a second phase of retail
"big box" development was completed in February 2008, with approximately 47,751 sqft now
commonly known as Michaels, Staples and Travel Lane County with two vacant retail spaces.
The total square footage build out to date is 98,751 square feet of the previously approved total
of 106,000. .
The previous site plan approval was contained at Journal Number DRC 2003-00063. The
following is a summary of the conditions of approval, all of which the Applicant affirms have
been met or exceeded in the existing development of the site.
DRC2003-000063 Site Plan Review, Crossroads Center
Summary- Conditions of Approval
Condition I: The Applicant shall demonstrate compliance with the standardi Date Received:
provided in Gateway Refinement Plan Commercial Development Policies 2. t
and 2.2 on the Final Site Plan submittal. Shrubbery and trees shall be rr
incorporated into all required parking and driveway setback areas and required JAN 2 7 2011
interior parking lot landscaping shall be increased to at least 7.5%.
Narrative Minor Modification of Site Plan
January 25, 2011
Original SUbmlttal~
Crossroads Center One, LLC
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Condition 2: On the Final Site Plan submittal, the Applicant shaH illustrate
screening for the trash receptacle area that complies with the vegetative or
structural screening standards of ~OC 31.160(2).
Condition 3: 'On the Final Site ~lan submittal, the Applicant shall note how
the proposed lighting in the parking areas are directed to reflect light away
from surrounding less intensive uses, in accordance with SDC 31.190( I 0).
Condition 4; On the Final Site Plan submittal, the Applicant shall comply with
the requirements of SDC 3 t .190(3) by providing wheel bumpers or a 2-foot
vehicle encroachment on all parking areas fronting a sidewalk or planted area.
Condition 5: The Applicant shall provide a minimum of750 square feet of
loading area, designed to comply with SDC 31.200, for the Best Buy building
area.
Condition 6: the Applicant shall use.male Ginkgo trees or another
recommended species identified in SDC 32.050( 10), along the private access
road to the development area, as street trees.
Condition 7: The Applicant's Final Site Plans shall be submitted without the
parking scenarios shown for Tax Lots 200 I, 2102, and 2101 as illustrated ~n
Sheets C-3, C-3.1, and C~3.2, as these lots are not owned by the Applicant and
are not part of this development proposal. No approval of parking lot
configurations as shown for these tax lots is provided through approval of this
Site Plan Review application." .
Condition 8:.00 the final site plan, the Applicant shall provide and maintain
adequate vision clearance triangles at the comers of all site driveways per the
requirements of SDC 32.070.
Condition 9: The Applicant shall revise the proposed 7 foot wide access
pedestrian bicyclist shared access way, and provide a 12-foot wide shared
pedestrian bicycle access way to serve the development area, in accordance
with the minimum requirements of SDC 32.040(d)( I). Alternatively, the
Applicant can provide an on-street striped lane through the parking area, and
maintain the 7-foot wide access way as shown, for pedestrians only.
Condition to: 'In accordance with the requirements of SDC 32.040( I), which
requires that sidewalks and access ways be located to provide safe, convenient,
and direct access for pedestrians and bicyclists to neighborhood activity centers
and shopping centers, the Applicant shall provide 2 additional landscaped
access ways for pedestrian refuge and travel though the parking area' to the
retail stores. These shall be designed for pedestrians only, and align with the
proposed handicapped parking access shown for the Best Buy store (running
west-east) and the Future Retail building (running north-south). They shall be a
minimum of 5 feet in width, and connected to the landscaped islands shown on
the submitted site plan. "
Condition II: The Applicant shall provide an on street biCycle route from
Gateway Street to the development area.
Condition 12: The Applicant shall record the sanitary sewer casement with
Lane County Deeds and Records and provide the City \~ith a copy of the
recorded document concurrent with their final site plan submittal.
Date Received:
Condition 13: At the time affinal site plan submittal, the Applicant shall
demonstrate compliance with Section 3.03.4.E of the City's EDSPM: to
demonstrate that the City's water quality standards will be satisfied.
JAN 2 7 2011
Original Submittal
3
Narrative Minor Modification of Site Plan
January 25, 2011
Crossroads Center One, LLC
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Condition 14: The Applicant shall specify the rim and flow line elevations of
the catch basins at the time of final site plan submittal.
Condition 15: At the time affinal site plan submittal, please specify the rim
elevations of each catch basin serving the swales, so that staff can determine
how storm water runoff will flow properly.
Condition 16: The Applicant shall include both a detail drawing depicting this
notching and label the elevations of the notches on the plan set so that City
staff can determine how water will flow into the swales. This information shall
be included at the time affinal site plan submittal.
Condition 17: The Applicant shall provide information clarifying how the
detention pond shown on sheet C-2A connects to the existing pipe. This
infonnation shall be included with the final site plan submittal.
Condition 18: The Applicant shall inelude a note illustrating how the majority
of this. to-inch line is to be abandoned, and additionally, illustrate this line
on plan sheet C-2A. These items shall be submitted at the time of final site
plan submittal.
Condition 19: At the time offinal site plan subm\ual, the Applicant shall
specifY the proposed seed mix to be used on the plan set.
Condition 20: The Applicant' shall rectify the hydrology study figures with the
plan set figures for the detention basin figures and pond volume at the time of
final site plan submittal.
Condition 21: The Applicant shall indicate the size of all proposed storm pipes
on the plan set, as part their final site plan submittal. .
Condition 22: In accordance with SDC 32.120(4)(a), the Applicant shall
provide an easement for the r.clocated power lines, and the relocated
transformer. The Applicant will work with SUB to verify the correc(!ocation of
the transformer. The Applicant shall provide the City with a copy of the
recorded easement prior to final building occupancy.
Condition 23: The Applicant shall provide a IO-foot street side PUE along. the
frontage of Tax Lot 2100 which abuts Gateway Street, in order to comply with
the provisions ofSDC 32.120(5).
Condition 24: In accordance with the requirements of SDC 32.120(2), all
relocated utility lines to serve the development area shall be placed
underground. .
Condition 25: Because the proposed development area is within the boundaries
of the 1-5-year and,5-10-year Time of Travel Zone of the Sports Way well, a
Drinking Water Protection (DWP) Overlay District application is nccessary.
Approval of the Final Site Plan will not be granted without City approval of the
DWP application.
Condition 26: Installation of the traffic signal proposed at the primary site
driveway is not approved as part of this decision. It: during construction of the
approved site development the Applicant wishes to place electrical conduits
under the primary site access driveway (within the public right-of-way) for use
in a possible future traffic signal installation, such work shall be coordinated
and conducted under the appropriate pennit from the Springfield Public Works
Department.
Condition 27: The Applicant shall be required to pay far the cost ofa bus
Date Received:
.j
.~!
..-l:
,,\
JAN 2 7 2011
Original Submittal
4
Narrative Minor Modification of Site Plan
January 25,2011
Crossroads Center One, LLC
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Date Received:
JAN 2 7 2011
Original Submittal
shelter on Gateway Street, located south of the private access road, to serve the
development area, if Lane Transit District can secure the appropriate property
by the time of final building occupancy for the Best Buy store. If Lane Transit
District cannot secure property for the location oflhe shelter by the time of
final building occupancy of the Best Buy store, this condition is null and void.
Condition 28: In accordance with the requirements ofSDC 32.080(3), the
Applicant shall c~nstruct the primary site ?ccess driveway onto Gateway Street
using a curb return driveway design.
Condition 29: The Applicant shall execute and record'revised cross access
easements for Tax Lots 1700, 2000, and 2100, prior to final site plan submittal.
Condition 30: The final site plan' shall include turning-path analysis to
demonstrate that on site circulation. is adequate to accommodate an AASHTO
WB-SO size or larger vehicle.
Condition 3 t: Improvement plans for proposed driveways shall include
turning-path analysis to demonstrate that the proposed designs would safely
accommodate ingress and egress of an AASHTO WB-SO size or larger,
vehicle.
Condition 32: The design and construction of all public. improvements
associated with this development shall be in conformance with the City of
Springfield Standard Construction Specifications and Engineering Design
Standards and Procedures.
Condition 33: No con~truction on site shall proceed without the approval of
the associated 'free Felling application.
Condition 34: The Applicant shall contact SUB with a list of hazardous
chemicals to be used on site, known as MSDS sheets. SUB will ascertain
whether the Applicant's proposed use will entail the use of prohibited
substances, and secondary containment methods as well, for those chemicals
used on site but not known as DNAPLs.
Condition 35: In accordance with the requirements for the I-S-year and 5-1 0-
year TOTZ, and the provisions contained ill SDC 17.080, truck wells, and trash
compactor areas shall be provided with area drains connected to the sanitary
sewer. Catch basins at loading docks shall be connected to the sanitary sewer
with a system that has a shut-off valve. The sanitary sewer valve will normally
be in the "off position.
Condition 36: Truck wells and loading areas shall have a storm sewer system
shut-off valve with a visible sign within the dock area eXplaining.the location
and procedure for using the valve.
Condition 37: Wellhead protection signs arc required to be placed on the
structure near the parking areas, adjacent to loading docks, loading areas, and
the dumpster enclosure to alert thc facility to the importance of reporting and
cleaning up any spills (SDC 17.080).
38, 39(not used in original)
Condition 40: All chemicals shall be placed in adequate secondary
containment. The Applicant shall designate specific storage area for these
materials and shall provide a cover over them. These storage areas shall be ;'
designed and graded to drain to one' or more inlcts connected to the sanitary
sewer system and shall preclude drainage from any other portion of the site
5
Narrative Minor Modification of Site Plan
January 25,2011
Crossroads Center One, LLC
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from entering the collection system.
Condition 4 t: All building rooftop mounted equipment or fluid, containing
equipment located outside ofthe building shall be either sealed or' self
contained with a connection to the sanitary system or provided with secondary
containment and weather resistant enclosures to ensure that, in the event of a
spill, no fluids will migrate into any site storm drainage system. A sealed pan
beneath the equipment that is sufficient in size to contain the volume oftluids
in the system and covered to prevent precipitation from entering the
containment would be sufficient for this purpose. These details shall be
illustrated on the Final Site Plan submittal.
Condition 42: The dumpster and trash compactor areas shall be covered and
have sanitary catch basin systems that have shut-off valves
The proposed Minor Modification application does not extinguish any of these conditions and
only requests to slightly modifY the site plan. Photos of the existing site and current condition
site plans are provided as Exhibits D thru G attached to this application.
PROPOSED MODIFICATIONS:
The Applicant intends to develop the property in compliance with Springfield
Development Code (SDC) with a use that is designated as Permitted in the zoning use chart of
the SOC.
The proposed site changes are as follows:
I. Building Square footage: the building expansion that is proposed herein is an
expansion of an exciting 6000 square foot CMU building, formerly commonly known
as Brenner's Furniture Store. The existing building would be expanded by 13 feet on
the west elevation in a westerly direction, and 40 feet on the North, East and West
elevations. The current building foot print is approximately 60 X101.5, with the
expansion the building footprint will be nx 141, with an end result of building
square footage of 10,000. Please refer to the site plan, attached as Exhibit "H"
2. Sidewalk: The side walk that is currently exists on the east and north elevations are
5f! wide sidewalks. The sidewalk on the east elevation will be extended to run the
entire length of the new building and the sidewalk on the north elevation will be
removed and replaced with the same and like kind at the new north elevation location.
3. Domestic Waterline and Hydrant: The existing 6" domestic water line will be
relocated to the new north elevation location. Along with the waterline, the 2" meter
and the existing fire hydrant will be relocated as well.
4. Storm System: There are no changes to the existing storm system except, we are
adding roof drains and roof square footage and removing an equal amount of asphalt
parking lot. Therefore, there is no net change to impervious surface square footage.
Date Received:
6
Crossroads Center One, LLC JAN 2 7 2011
Narrative Minor Modification of Site Plan
January 25,2011
Original Submittal._.__
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5. Trash: The trash enclosure for this space is pre-existing and complies with Springfield
Development Code, no changes are proposed for the trash enclosure. See Photo
Exhibit \['\\. '\_
6. Parking Space.s: The site currently contains 554 spaces. The request herein would
remove 9 parking spaces with a replacement of 4 of those spaces on the east elevation
of the building. This calculates to a net loss of 5 parking spaces. Based on the total
build out square footage proposed herein, the number of parking spaces required by
code is 354. Therefore, the project exceeds the parking space requirements of the
SDC and the requested modification herein does not negatively impact the project.
7. Parking Lot Landscape Island: The existing parking lot light that is in the northwest
parking lot landscape island will be relocated 10 feet to the north. The parking lot
landscape island will not be reinstalled, but the existing tree and shrubs will be
relocated to the same location as the parking lot light, See attached photo
Exhibit.\\A..~ 2.
Exhibits H-L attached hereto are illustrative of the proposed site modifications.
APPLICABLE CRITERIA
The criteria applicable the proposed project Site Plan Minor Modification
request are set forth in Springfield Development Code (SDC) Section 4 and 5. The
Applicant addresses the criteria contained in the Springfield Development Code
that apply to this application beginning with Section 5, which permits the
proposed application and the application procedure. Following the application of
Section 5, providing the Director with the authority to review and grant the
proposed project application. The Applicant addresses Section 4 ofthe code
which sets out the standards of development the Applicant must meet in its
proposal to comply with the SDC and assist the Director in approving the
proposed project application.
Applicant's responses to each section are provided following the code text.
SDC SECTION 5.17-125 Criteria
The Director shaH approve or approve with conditions: a Type II Site Plan Review application upon determining that approval criteria
A. through E., below have been satisfied. If conditions cannot be attached to satisfy the approval criteria, the Director shall deny the
application.
RESPONSE:
The proposed application is submitted as a Type I application for minor modification.
The Applicant submits response to the A-E below for the benefit of the Applicant and the City in
. Date Received:
JAN 2 7 2Ull
Narrative Minor Modification of Site Plan
January 25,2011
Crossroads Center One, LLC
Original Submittal
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addressing compliance with previous land use conditions of approval and the current
development code for approval of this application.
A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan diagram, Plan
District map, and Conceptual Development Plan.
RESPONSE:
The zoning district for this proposal is 1-5 commercial. The Metro Plan diagram and
Gateway Refinement Plan designation is also 1-5 Commerical. This is unchanged from the original
applicatio~ and designations.
B. Capacity requirements of public and private facilities, including but not limited to, water and electricity; sanitary
sewer and storm water management facilities; and streets and traffic safety controls shall not be exceeded and
the public improvements shall be available to serve the site at the time of development, unless otherwise
provided for by this Code and other applicable regulations. The Public Works Director or a utility provider shall .
determine capacity issues.
RESPONSE:
. The Applicant has spoken in detail with Springfield Utility Board regarding the utility
capacity of the proposed project and has confirmed that ample service is available for the
proposed project. The infrastructure and site development of the shopping center containing the
proposed project was built in 2005 to support, facilitate and supply the total square footage
allowed by the application approval of 106,000 sqft., therefore, the infrastructure to support the
proposes project currently exists on site.
C. . The proposed development shall comply with all applicable public and private design and
construction standards contained in this Code and other applicable regulations.
RESPONSE:
The propose project complies with the applicable public and private design and
construction standards in the City of Springfield Development code in both the completed
development and proposed project herein.
D. Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle
and pedestrian safety to avoid congestion; provide connectivity within the development area and to
adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial
and public areas; minimize driveways on arterial and collector streets as specified in this Code or
other applicable regulations and comply with the ODOT access management standards for State
highways. "
RESPONSE:
The proposed project does not make any alterations to any of the existing traffic ways or.
streets. All infrastructures of parking lots, vehicle and pedestrian traffic flows will remain
unchanged except for a small portion of the development where parking will be relocated (said
requested alteration is detail later in the document). Date Received:
Narrative Minor Modification of Site Plan
January 45, 2011
; Ili-N 2 7 20tl
Crossroads Center One, f,I;C
Original Submittal
8
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E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic
conditions; areas with susceptibility of fiooding; significant clusters of trees and shrubs;
watercourses shown on the WQLW Map and their associated riparian areas; other riparian areas
and wetlands specified in Section 4.3-117; rock outcroppings; open spaces; and areas of historic
and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760,
358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal
law.
RESPONSE:
Section E does not apply to the proposed project as the site is currently completely built .
out regarding infrastructure and site. The proposed project requests minor modification of the site
with out effect on any of the physical features listed above.
SOC SECTION 5.17-145 Modifications
A. The Site Plan Modification-process establishes procedures to allow certain adjustments to
an approved Site Plan, either after Preliminary Approval or after Final Approval. This process shall
assure that any proposed Major Site Plan Modification continues to comply with the approval
criteria specified in Section 5.17.-12?
B. The Site Plan Modification process shall only apply to Site Plan applications approved
after June S, 1986.
RESPONSE:
The underlying site plan that is subject to the proposed project herein, was approved on
. February 20,2004, therefore, the proposed project application is permitted modification under
5.17-145 (3).
1. The Site Plan Modification process shall not apply to any proposed development
that qualifies as an MDS application..
RESPONSE:
The proposed application is NOT an MDS application. Therefore, 5.17-145 (B)(1) is not
applicable to the proposed application.
2. Where there is a change of use on a property that received Site Plan Review
approval, the Director may perform a site visit prior to a Site Plan Modification
application submittal. If the property is currently in compliance with all criteria of
approval specified in Section 5.17-125, no Site Plan Modification application will
be required.
RESPONSE:
Although the proposed project application complies in its entirety with 5.17-125 as
addressed above, the Applicant requested changes to the site plan do require a minor site plan
modification application. Date Received:
JAN 2 7 2011
9
Narrative Minor Modification of Site Plan
January 25,2011
Crossroads Center Ol1s_al
. OrigInal
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C. The Director shall determine whether the Site Plan Modification will be processed under
the Type I or Type n- review process as follows:
1. A Minor Site Plan Modification application is evaluated under the Type I review
process. The application is reviewed based upon a particular standard as
specified in this Code that does not involve a Type II or Type III Variance, e.g., a
modification in the location or type of required landscaping or an insignificant
change in the number and/or layout of parking spaces.
RESPONSE:
The proposed project perfoffi1s minor modification to the location of one tree, one
parking lot light, 5 parking spaces will be removed with 4 relocated. Therefore, the nature and
criteria of a Type I Minor Modification are met and the application is submitted under the Minor
Modification requirements_ Furthermore, the total building square footage after the proposed
Minor Modification is less than that approved in the original application.
The following code provisions of Section 4, Development Standards apply to this application for
Minor Modification.
4.4-105 Landscaping
A. These regulations ensure that new deveiopment complies with the landscaping provisions
of this Code and any applicable Refinement Plans, Plan Districts, Master Plans, and Conceptual
Development Plans; is adequately screened from less intensive development; considers the
effects of vegetation on public faciiities; retains significant clusters of natural trees and shrubs
wherever possible; minimizes run-off; faciiitates energy conservation and crime prevention; and
improves the appearance of the City to create a desirable place to live and work.
B. Three types of landscaping may be required:
1. Landscaping standards for private property as specified in this Section and other
Sections of this Code.
2. Street trees in the public right-of-way as specified in Section 4.2-140._
3. Curbside planter strips in the public right-of-way as specified in Section 4.2-135.
C. Materials and installation costs of planting and irrigation other than what is required by
the Minimum Development Standards (Section 5.15-100) shall not be required to exceed 10
percent of the value of the new development, including parking faciiities. The Director shall
determine the location, quantity and quality of required landscaping as specified in this Code.
D. Unless otherwise specified in this Code, the following areas of a lot/parcel shall be
landscaped:
Date Received:
Crossroads Center oh~~i~ 2011
Original Submittal
10
Narrative Minor Modification of Site Plan
January 25, 2011
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1. All required setback areas and any additional planting areas as specified in the
appropriate zoning district.
2. Parking lot planting areas required in this Section.
E. At least 6S percent of each required planting area shall be covered with living plant
materials within S years of the date of installation. The living plant materials shall be distributed
throughout the required planting area. The planting acceptable per 1,000 square feet of required
planting area is as follows:
1. As a minimum, 2 trees not less than 6 feet in height that are at least 2 inches in
caliper (at the time of planting, not including root ball); and
2. Ten shrubs, 5 gallons or larger.
3. Lawn and/or groundcover may be substituted for trees or shrubbery, unless
required for screening when there are adequate provisions for ongoing maintenance.
EXCEPTION: These standards do not apply to single-family and duplex dwellings on individual
lots/parceis in the LDR District.
F. Parking lot planting areas shall include 1 canopy tree at least 2 inches in caliper that
meets City street tree standards as may be permitted by the City's Engineering Design Standards
and Procedures Manual and at least 4 shrubs, 5-gallon or larger, for each 100 square feet of
planting area. Shrubbery that abuts public right-of-way or that is placed in the interior of any.
parking lot shall generally not exceed 2-1/2 feet in height at maturity. Parking lot planting areas
shall include:
1. Parking and driveway setback areas specified in the applicable zoning district;
and
2. 5 percent of the interior of a parking lot, exclusive of any required parking
setbacks, if 24 or more parking spaces are located between the street side of a building
and an arterial or collector street, and are visible from any street.
,
3. See also Section 3.2-240D.8.c. for multifamily design standards.
G. All new required planting areas shall be provided with a permanent underground
irrigation system unless where planted with native species or plant communities, or as may be
exempted by the Director.
H. Landscaped setbacks abutting required screening on the same property may be
exempted by the Director from planting requirements if the ar~~g,oRl3ie~~ny public
right-of-way or adjacent property.
JAN 2 7 2011
11
Crossr6lf$ime!:r'iW~~ClitG
Narrative Minor Modification of Site Plan
January 25, 2011
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I. Planting Installation Standards.
1. The Applicant shall provide methods for the protection of existing plant material,
which will remain through the construction process. The plants to be saved and the
method of protection shall be noted on the Planting Plan.
2. Existing trees to be retained on private property shall not have construction occur
within the drip line, unless a landscape architect certifies that affected trees will have at
least a 90 percent chance of survival over a S-year period. Trees to be saved shall be
kept free from trunk abrasion.
3. The Planting Plan may be required to include specifications for topsoil, including
depth and organic matter requirements, to ensure the health and vitality of required
planting. Where planting areas have been excavated, the Planting Plan shall provide for
the replacement of topsoil. All waste material shall be removed from -required planting'
areas prior to the application of topsoil.
a. . Inspection may be made by the Director prior to planting to verify proper
rough grade and installation of irrigation systems.
b. Plant materials and soil preparation may be inspected prior to or in
conjunction with the occupancy inspection to ensure that placement, quantity,
size and variety conform to the approved Planting 'Plan and the requirements of
this Section. Nursery tags identifying variety and species shall remain on plant
specimens until the Final Building Inspection by the Building Official or the
issuance of a Certificate of Occupancy.
RESPONSE: As demonstrated in the aitached exhibit of existing conqitions, the landscaping and
parking lot islands have already been installed. The landscaping in the parking lot island that is
being removed is being relocated on site. Therefore, there is no net reduction in the landscaping
and the proposal satisfies the requirements of the SDC.
SOC Section 4.6-125 Vehicle Parking-Parking Space Requirements
Table 4.6-2
Retail sales, personal service, including small scale
repair and maintenance and offices
I for each 300 square feet of gross floor area.
RESPONSE: The Applicant previously addressed vehicle parking spaces under the requested
modifications section of this application. To reiterate, the total square footage of structures
approved for development in 2004, is 106,000 square. feet. This application alters the
development to a total square feet at final built out at 102,751 square feet. The above minimum
standard for the number of parking spaces would require 354 parking spaces. The development
will contain a total of 550 parking spaces. Date Received:
Narrative Minor Modification of Site Plan
January 25, 2011
.Crossroads Center One,
Original Submittal
12
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SDC Section 4.6-135 Loading Areas-Facility Design and Improvements
A. All necessary loading areas for commercial and industrial development shall be
located off-street and provided in addition to the required parking spaces.
B. Vehicles in the loading area shall not protrude into a public right-of-way or
sidewalk.
EXCEPTION: When no other reasonable alternative exists, loading areas shall be located so that
vehicles are not required to back or maneuver in the public right-of-way or internal travel aisles.
C. The minimum sizes required for commercial and industrial loading areas are as follows:
1. Two hundred fifty square feet for buildings of 5,000 to 20,000 square feet of
gross floor area.
2. Five hundred square feet for buildings of 20,000 to 50,000 square feet of gross
floor area.
3. Seven hundred fifty square feet for buildings in excess of 50,000 square feet of
gross floor area.
D. The required loading area shall not be less than 10 feet wide by 25 feet long
and have an unobstructed height of 14 feet.
E. A school having a capacity greater than 25 students shall have a driveway designed for
the continuous forward flow of passenger vehicles for loading and unloading children. (6211)
F. Parking lot planting areas shall include 1 canopy tree at least 2 inches in caliper that
meets City. street tree standards as may be permitted by the City's Engineering Design Standards
and Procedures Manua/and at least 4 shrubs, 5-gallon or larger, for each 100 square feet of
planting area. Shrubbery that abuts public right-of-way or that is placed in the interior of any
parking lot shall generally not exceed 2-1{2 feet in height at maturity. Parking lot planting areas
shall include:
1. Parking and driveway setback areas specified in the applicable zoning district;
and
2. 5 percent of the interior of a parking lot, exclusive of any required parking
setbacks, if 24 or more parking spaces are located between the street side of a building
and an arterial or collector street, and are visible from any street.
3. See also Section 3.2-240D.8.c. for multifamily design standards.
Date Received:
JAN 2 7 2011
Narrative Minor Modification of Site Plan
January 25,2011
OI~ileJI3tfr~tal
Crossroads Cen r nc,
13
.
.
G. All new required planting areas shall be provided with a permanent underground
irrigation system unless where planted with native species or plant communities, or as may be
exempted by the Director.
H. Landscaped setbacks abutting required screening on the same property may be
exempted by the Director from planting requirements if the area is not visible from any public
right-of-way or adjacent property.
I. Planting Installation Standards.
1. The Applicant shall provide methods for the protection of existing plant material,
which will remain through the construction process. The plants to be saved and the
method of protection shall be noted on the Planting Plan.
2. Existing trees to be retained on private property shall not have construction occur
within the drip line, unless a landscape architect certifies that affected trees will have at
least a 90 percent chance of survival over a S~year period. Trees to be saved shall be
kept free from trunk abrasion.
3. The Planting Plan may be required to include specifications for topsoil, including
depth and organic matter requirements, to ensure the health and vitality of required
planting. Where planting areas have been excavated, the Planting Plan shali provide for
the replacement of topsoil. All waste material shall be removed from required planting
areas prior to the appiication of topsoil.
. a. Inspection may be made by the Director prior to planting to verify proper
rough grade and installation of irrigation systems. .
b. Plant materials and soil preparation may be inspected prior to or in
conjunction with the occupancy inspection to ensure that placement,
quantity, size and variety conform to the approved Planting Plan and the
requirements of this Section. Nursery tags identifying variety and species
shall remain on plant specimens until the Final Building Inspection by the
Building Official or the issuance of a Certificate of Occupancy.
RESPONSE:
The loading area for the proposed project is depicted on Exhibit "H" . The total square
footage of the proposed off street loading area is 700, which vastly exceeds the code requirement
listed here in of 250 square feet. The proposed loading area contains a scissor lift which
protrudes 8 feet to the west from the building, meeting the minimum of 10 feet wide contained in
the code. The proposed loading area is approximately 70 feet long by 10 feet wide. The proposed
loading area is completely contained on private property and does not fjotr~~\g~~~1tr.ffic
~or~~~ m
JAN 2 7 2011
Narrative Minor Moditication of Site Plan
January 25,20) 1
Original Submittal
Crossroads Center One, LLC
14
.
.
The parking lot landscaping for this project was addressed previously in this application
under modifications, and fully comply with the requirements ofthis code provision. To reiterate,
the landscaping in the only parking lot island affected by this application will be relocated to the
north of its current location.
4.6-155 Bicycle Parking-Number of Spaces Required
Table 4.6-3
Shopping centers and malls 1 per each 3000 square feet ofl1oor area. 25% long term
75% short term
RESPONSE:
The bicycle parking for this project fully complies with the requirements of this code
provision. Based on the total build out square footage of 106,000, therefore, the 36 bicycle
parking spaces which already exist on site therefore, the proposed application complies without
alteration.
Drinking Water Overlay Protection Area:
RESPONSE: The proposed modification area is in the Drinking Water Protection Overlay
District. Our lease already requires tenant responsibility to comply with all the provisions of the
DWP. A DWP plan will be provided to SUB as required and the tenant will be responsible for
compliance.
The Applicant submits the following exhibits to assist staff in approving the requested
Site Plan Minor Modification.
Exhibit A Current Deed and Legal Description
B Preliminary Title Report
C Access Easements and Truck Route Access Agreement
D Vicinity Map showing all existing conditions
E Existing as built Site Plan (A I 00)
F Existing Utility Site Plan (CI:B)
G Existing Grading, Paving and Storm Sewer System Plan (C2-B)
H Minor Modification Area Site Plan (AU)
I Elevations for Modification (A3.1)
J Area of Minor Modification Utility Plan (C-I)
K Area of Minor Modification Grading, Paving and Storm Sewer System Plan (C-
2)
L Storm Water Management Study
M Photos 1-
Date Received:
JAN 2 7 2011
15
Narrative Minor Modification of Site Plan
January 25, 2011
Crossroads €Jr1!i1fftM>81UtlJ;Mtal
.
.
CONCLUSION
The Applicant's proposal, seeks a Site Plan Minor Modification for the expansion of an
existing building from 6000 square feet to 10,000 square feet of retail space. The existing retail
center fully complies with all previously approved infrastructure and improvements. The
requested minor modification fully complies with the SDC, the Gateway Refinement Plan, the
Metro plan and all other development standards and provisions. A~cordingly, Applicant's
requested should be approved.
Respectfully submitted by:
Jf~23?J
Wliltney Boss, CPIPM
Sycan Development
541-284-0624
wboss@sycan.com .
Date Received:
JAN 2 7 2011
Original Submittal
16
Narrative Minor Modification of Site Plan
January 25, 2011
Crossroads Center .one, LLC
fj -. ,
.
.
\,5-<'
It)"
\'~
7191-614359
,--
Division of Chief DeputyCierk
Lane Counly Deeds and Records
'\
After Recording Return To
First American Title
PO Box 10146
Eugene, OR 97440
~ijij~.ij~~m
11111111111 1111 1111 ""1111111111111 1111111111 III $36,00
00720445200500584270030031 07/2912005 11: 29: 07 AM
RPR-DEED Cnt=l Stn=4 CASHIER 02
$15.00 $11.00 $10.00
After recordini!. return to:
Laurence E. Thorp
Thorp, Purdy, Jewett, Urness & Wilkinson, P.c.
lOll Harlow Road,Suite 300
Springfield, Oregon 97477
Until a chanee is reauested. senil all tax statements to:
840 Beltline Road, Suite 202
Springfield, Oregon 97477
WARRANTY DEED
(Statutory Form)
Richard D. Boyles, a 34.7826 percent interest, Sycan B Corp., an Oregon corporation, a 34.7826
percent interest, Alan Evans, a 13.0435 percent interest and Stellar Investments, LLC, an Oregon
limited liability company, a 17.3913 percent interest as tenants-in-common, Grantor, conveys and
warrants to Crossroads Center One, LLC. an Oregon limited liability company, Grantee, the property
mOre fully described in Exhibit "A" attached hereto and incorporated herein. Grantor warrants that the
property is free and clear of all encumbrances except to the extent that that Grantor is the holder of a
valid and enforceable policy oftitIe insurance insuring against the encumbrances.
The true consideration for this conveyance is: other value
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRJNG FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRlATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMII\'E ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930.
Dated this ~ day of
d'~
\.
4tF;/j
Richard D. Bnyle J--
,2005.
STATE OF OREGON, County of Lane) ss.
Personally appeared before me the above-named Richard D. Boyles and acknowledged the foregoing
instrument to be his voluntary act and deed this Z i ~J' 2005.
.I
.........".......................~_."'.....~'",......,.,..........
~-x'-. . OFFJCiAL SEAL
..:,~"G BEVERLY J. FI:,ER
.iI;.~..: NOTARY PUBLIC. OREGON
.~ COMMISSION NO. 369637
'.. MY COMMISSION EXflRES JUNE 28, 2007
ot ublic for Oregon
My Commission Expires:
{" -a -v 1
,
t
WARRANTY DEED - Page 1 (doc 105418) I,.
I
Date Received:
JAN 2 7 2011
EXHmIT'il" Page.Lof,:L
Original Submittal
.
.
::C/1W
Richard DIBoyles, President ofSycan B Corp.
its Managing Member.
STATE OF OREGON, CountyofLane)ss.
This instrument was acknowledged before me on 2. 8
President of Sycan B. Corp, as Managing Member.
,2005 by Richard D. Boyles,
. OFFICIAL SEAL
-'- ..... BEVERLY J. FISER
iC- ! NOTARY PUBLIC.. OREGON
\. ../ COMMISSiON NO. 369637
MY COMMISSION ElIPIAESJUNE28,2007
f(~
Notary Public for Oregon
My Conunission Expires: t:. ~ v.,
c:vz.-. E~-
Alan Evans
STATE OF OREGON, County of Lane) 55.
Personally appeared before me the above-named Alan Evans and acknowledged the foregoing instrument
to be his voluntary act and deed this 2.-~ day of ~ .. ' 2005.
.. OFFICIAL SEAL a;{b
~~. BEVERlYJ.FISER ~
!" ..) NOTARY PUBLIC-OREGON Notary ublic for Oregon
\. ../ COMMISSION NO. 369637 My Conunission Expires:
. MY COMMISSION ElIPIAES JUNE 28, 2007
STELLAR INVESTMENTS, LLC
BY~>-
Blake R. Hastings, Managing Member
STATE OF OREGON, County of Lane) ss.
This instrument was acknowledged before me on 1.-t.... 1..-~ , 2005 by
Blake Hastinos , MAnAgi ng* of Stellar veslme ts, LLC.
*Member
. OFFICIAL SEAL
.. ' ill.. BEVERLY J. FI5ER
!~! NOTARY PUBLIC-OREGON
~ COMMISSiON NO. 369637
.... MY COMMISSION ElIPIRES JUNE 28, 2007
i
WARRANTY DEED - Page 2 (doc 1034~~
Notary lie for Oregon .
My Conunission Expires: ',14 U7
ate Received:
JAN l 7 2011
EXHIBIT "1l." Page 2-ofL
I. Ilhrr,;~:~~!
.
.
.
Preliminary Report
Order No.: 7191-614359
Page 6Qf6
Exhibit "A"
Real property in the County of , State of , described as follows:
Beginning at the Southeast corner of the A.c. Stevens Donation Land Claim No. 4S, Township 17 South,
Range 3 West of the Willamette Meridian; thence following along the East line of said Donation Land
Ciaim No. 45, North 00 04' 00" West 151.68 feet; thence leaving said East line of Donation Land Claim
No. 45, North 890 45' 20" East 375.97 feet to a point on the Westerly right-of-way iine of Gateway
Street, said point being 79.47 feet from, when measured at right angles to, the centerline of said
Gateway Street; thence along the Westerly right-of-way line of said Gateway Street, North 00 04' 00"
West, 60.01 feet; thence leaving said right-of-way, South 890 45' 20" West, 375.97 feet to a point on the
East Hne of said Donation Land Claim No. 45; thence following along said East line, North 00 04' 00" West
83.93 feet; thence leaving said East line, West 325.18 feet; thence North 149.35 feet; thence West
236.35 feet; thence South 350 38' 16" West 72.88 feet; thence South 160 25' 11" West 404.46 feet to a
point on the South line of said Donation Land Claim No. 45; thence following along the South line of said
Donation Land Claim No. 45, North 890 49' 20" East 718.67 feet to the POINT OF 8EGINNING, all within
Springfield, Lane County, Oregon.
Tax Parcel Number: 0188258 and 1056611 and 1165321
l
,"
~'~
Date Received: .
JAN 2 7 2011
Original submittal
First AmenCan Tltle
EXHIBIT ..g.:' page.3- ()f~
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T~,\tW'ltP/ISlfHfNISHED AS A CONVENIENCE BY MID-WILLAMETTE VALLEY TITLE GROUP IS
This sketch is made solely for the purpose of assisting in locating said premises and $-
Origin~~'iffillffl~reilssumes no liability for variations,i f any, in dimensions and location ascertained by actual survey,
. MAP # 17 03 22 20 02000 000 EXHIBIT"EPage..:L..ofL
. .
. Fidelity National Title of Oregon
STATUS OF RECORD TITLE REPORT
200 Hawthorne Ave., Ste. A-100, Salem, OR 97301
(503)315-2000 FAX: (503)315-2012
December 30,2010
TO:' Sycan Development
840 Bettline Rd, Ste 202
Springfield, OR 97477
Title Number:
Regarding:
Property Address:
4610018914-FTEUG25
17-03-22-20-02000
17-03-22-20 TL#2000
County:
DATED AS OF:
Lane'
December 22, 2010, 08:00-AM
PROPERTY
We have searched our Tract Indices as to the following described real property:
See Exhibit A Attached Hereto
VESTING
Crossroads Center One, LLC, an Oregon limited liability company
RECORDED INFORMATION
Said property is subject to the following on record matter(s):
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
Public Records.
Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an
inspection of the Land or by making inquiry of persons in possession thereof.
Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts
authoriZing the issuance thereof; water rights, claims or title to water.
MY encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of
Oregon for unemployment compensation or worker's compensation, imposed by law and not shown by the Public
Records.
SPECIFIC ITEMS AND EXCEPTIONS:
City Liens, if any, in favor of the City of Springfield. - d"
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in "Q~!~~ecelve .
2.
3
4.
5.
6.
7.
Granted to: Pacific Power & Light Company, a corporation
Purpose: Ingress and egress
Recorded: January 17, 1962, Recorder's No. 56452
JAN 2 7 2011
Original Submittal
EXHIBIT ..fr' Page L of ~
STATUS OF RECORD TITLE REPORT
FDOR0546.rdw
.
.
STATUS OF RECORD TITLE REPORT
(Continued)
Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the .
document
Recorded: January 17, 1962, Recorder's No. 56452
8. Easement(sj"for the purpose(s) shown below and rights incidental thereto as granted in a document.
Granted to: Pacific Power & Light Company, a corporation
Purpose: Electrical transmission and distribution lines, telephone and telegraph lines and appurtenances
Recorded: April 9, 1974, Recorders No. 7414012
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document.
Granted to: The City of Springfield
Purpose: Sanitary sewer and storm drainage facility
Recorded: October 23, 1974, Recorders No.7 445622
10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document.
Granted to: The City of Springfield
Purpose: Public utilities
Recorded: January 7,1977, Recorder's No. 7701132
11. Matters contained in that certain document entitled "Access and Parking Easement Agreement", dated March 31,
1987, by and between RL Acquisition Company, a Califomia limted partnership and Robert E. Cae and Josephine
Cae, et ux, et ai, recorded April 15, 1987, Recorder's No. 8715858, which document, among other things, contains or
provides for: "Ingress, Egress and Parking".
Reference is made to said document for full particulars.
Amendment(s)/Modification(s) of said easement(s)
Recording Date: February 10, 2005
Recording No: 2005-010205
12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document.
Granted to: The City of Springfield, U.S. West Communications Inc. and TCI Cable
Purpose: Underground electric distribution lines and facilities, telephone lines and cable lines and fixtures
Recorded: October 25, 1996, Recorders No. 9672051
13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Newgate, LLC
.Purpose: Sanitary sewer, storm water, access and parking with maintenance
Recording Date: . April 26, 2004
Recording No: 2004-030072
14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Springfield V, LLC, a Washington limited liability company
Purpose: Access and parking easement with maintenance
Recording Date: August 6, 2004
Recording No: 2004-062263
Date Received:
JAN 2 7 2011
Original Submittal
STATUS OF RECORD TITLE REPORT
FDOR0546.mw
EXHIBIT 'iL" Page a of~
.
.
STATUS OF RECORD TITLE REPORT
(Continued)
15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Newgate, LLC
Purpose: utilities and for car parking purposes, and joint access for ingress and egress
Recording Date: July 28, 2005
Recording No: 2005-058059
16. A deed of trust to secure an indebtedness in the amount shown below,
Amount$ 10,550,000.00
Dated: July 29, 2005
Trustor/Grantor: Crossroads Center One, LLC, an Oregon limited liability company
Trustee:.. First American TItle Insurance Company
Beneficiary: Morgan Stanley Mortgage Capital Inc., a New York corporation
Recording Date: July 29, 2005
Recording No: 2005-058428
M assignment of the beneficial interest under said deed of trust which names:
Assignee: U.S. Bank, National Association, as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage
Pass-Through Certificates, Series 2005-HQ7
Recording Date: February 8, 2006
Recording No: 2006-008699
17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled: Memorandum of Lease Agreement
Lessor: Newgate, LLC, an Oregon limited liability company
Lessee: Best Buy Stores, L.P., a Delaware limited partnership
Recording Date: July'12,2004
Recording No: 2004-053245
An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by:
As Lessor: Newgate, LLC, an Oregon limited liability company
As Lessee: Best Buy Stores, LP, a Delaware limited partnership
Recording Date: May 3, 2006
Recording No: 2006-030502
Assignment of the Lessor's interest under said lease,
Assignor: Newgate, LLC, an Oregon limited liability company
Assignee: Crossroads Center One, LLC, an Oregon limited liability company
Recording Date: May 3, 2006
Recording No: 2006-030502
An agreement recorded August 2, 2005 at 2005-059675 which states that said lease has been made subordinate to
the document
Entitled: Deed of Trust and Security Agreement
Recording Date: Juiy 29, 2005
Recording No: 2005-058428
Date Received:
JAN 2 7 2011
Original Submittal
STATUS OF RECORD TITLE REPORT
FDOR0546.rdw
EXHIBIT "0" Page ..3.or12.
.
.
STATUS OF RECORD TITLE REPORT
(Continued)
Subordination, Nondisturbance and Attornment Agreement, and the terms and conditions thereof:
Lender: Morgan Stanley Mortgage Capital Inc., a New York corporation
TenantB est Buy Stores, LP., a Virginia limited partnership
Landlord: Newgate, LLC, an Oregon limited liability company
Recording Date: August 2, 2005
Recording No: 2005-059675
18. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an
indebtedness, shown below and upon the terms and conditions therein
Amount:$ 10,550,000.00
Assigned to: Morgan Stanley Mortgage Capital Inc., a New York corporation
Assigned By: Crossroads Center One, LLC, an Oregon limited liability company
Recording Date: July 29, 2005
Recording No: 2005-058429
An assignment of the beneficial interest under said deed of trust which names:
Assignee: U.S. Bank, National Association, as Trustee for Morgan Stanley Capital' Inc., Commercial Mortgage
Pass-Through Certificates, Series 2005-HQ7
Recording Date: February 8, 2006
Recording No: 2006-008699
19. A financing statement as follows:
Debtor: Crossroads Center One, LLC
Secured Party: Morgan Stanley Mortgage Capital Inc.
Recording Date: July 29, 2005
Recording No: 2005-058430
Said Financing Statement was assigned by instrument,
To: U.S. Bank, National Association, as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage
Pass-Through Certificates, Series 2005-HQ7
Recording Date: February 8, 2006
Recording No.:2 006-008700
20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document .
Entitled: Subordination, Non-Disturbance and Attornment Agreement
Lessor: Newgate, LLC, an Oregon limited liability company
Lessee: Brenner's Furniture, an Oregon corporation
Recording Date: August 2, 2005
Recording No: 2005-059676
An agreement recorded August 2, 2005 at 2005-059676 which states that said lease has been made subordinate to
the document
Entitled: Deed of Trust and Security Agreement
Recording Date: August 2, 2005
Recording No: 2005-059676
Date Received:
JAN 2 7 2011
Original Submittal
STATUS OF RECORD TITLE REPORT
FDOR0546.rdw
EXJfmlT"fL"~:Lofa
.
.
STATUS OF RECORD TITLE REPORT
(Continued)
Subordination, Nondisturbance and Attornment Agreement, and the terms and conditions thereof:
Lender: Morgan Stanley Mortgage Capital Inc., a New York corporation
TenantBr enners Furniture, an bregon corporation
Landlord: Newgate, LLC, an Oregon limited liability company
Recording Date: August 2, 2005
Recording No: 2005-059676
21. Matters contained in that certain document
Entitled: Agreement Regarding Installation and Removal of Temporary Traffic Signal on Gateway Street at
Crossroads Center Entrance
Executed by: Newgate, LLC, an Oregon limited liability company, et al
Recording Date: October 10, 2005
Recording No: 2005-080286
Which provides for, among other things: Agreement regarding installation and removal of temporary traffic signal on
Gateway Street at Crossroads Center Entrance
Reference is hereby made to said document for full particulars.
Amendment(s) to agreement regarding installation and removal of temporary traffic signal
Recording Date: June 4, 2008
Recording No: 2008-031083
22. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document
Granted to: Newgate, LLC, et al
Purpose: Easement, maintenance and use agreement for signage
Recording Date: September 21, 2006
Recording No: 2006-069019
23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document
Granted to: 3346 Gateway LLC, an Oregon limited liability company
Purpose: Roadviay easement with maintenance
Recording Date: March 27, 2007
Recording No: 2007-020345
24. Matters contained in that certain document
Entitled: Crossroads Center Operation and Easement Agreement
Dated: April 5, 2007
Executed by: Crossroads Center One, LLC, an Oregon limited liability company, et al
Recording Date: April 6, 2007
Recording No: 2007-023054
Which provides for, among other things: Crossroads center operation and easement agreement and maintenance
Reference is hereby made to said document for full particulars.
Amendment(s) to Crossroads Center operation and easement agreement
Recording Date: June 12, 2008
Recording No: 2008-032860
Date Received:
JAN 2 ]. 20ft
Original Submittal
8T ATU8 OF RECORD TITLE REPORT
FDOR0546.rdw
EXHIBIT "U page..5.. of B _
.
.
STATUS OF RECORD TITLE REPORT
(Continued)
25. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled: Memorandum of Lease
Lessor: Newgate, LLC, an Oregon limited liability company
Lessee: Staples The Office Superstore, LLC, a Delaware limited liability company
Recording Date: July 12, 2007
Recording No: 2007-047435
An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by:
I's Lessor: Newgate, LLC, an Oregon limited liability company
I's Lessee: Staples The Office Suparstore, LLC, a Delaware limited liability company
Recording Date: May 23, 2008
Recording No: 2008-028990
26. Covenants, conditions and restrictions' but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent
that said covenant or restriction is permitted by applicable law, as set forth in the document
Recording Date: September 19,2007
Recording No: 2007-065193
'Amendment(s)/Modification(s) of said covenants, conditions and restrictions
Recording Date: June 17, 2008
Recording No: 2008-033859
27. Right, Title and Interest of Best Buy Stores LP #600, as disclosed by I'ssessment and Taxation tax rolls. (Account
No. 5604083)
END OF EXCEPTIONS
NOTES:
A Note: Property taxes for the fiscal year shown below are paid in full.
Fiscal Year: 2010-2011
Amount:$ 128,573.87
Levy Code: 01900
Account NO.:1 056611
Map No.: 17-03-22-20-02000
B. Note: There are no matters against the party(ies) shown below which would appear as exceptions to
coverage in a title insurance product:
Parties: Crossroads Center One, LLC
C. Note: Please send any documents for recording to the following address:
Fidelity National Title Company
Attention: Recording Department
800 Willamette St., Ste. 500
Eugene, OR. 97401
Date Received:
JAN 2 7 2011
Original Submittal
STATUS OF RECORD TrTLE REPORT
FDOR0546.rdw
EXHIBlT"aPBge.kota
.
.
STATUS OF RECORD TITLE REPORT
(Continued)
THIS REPORT IS TO BE UTILIZED FOR INFORMA TION ONLY.
Any use at this report as a basis tor transterring, encumbering or foreclosing the real property described will require payment
in an amount equivalent to applicable title insurance premium as required by the rating schedule on file with the Oregon
Insurance Division.
The liability for Fidelity National Title of Oregon is limited to the addressee and shall not exceed the $200.00 paid hereunder.
Fidelity National Title of Oregon
Patty Smith
Pattv. SmithlalTltleGrouo. FNTG. com
Date Received:
JAN 2 7 2011
Original Submittal .
5T ATU5 OF RECORD TITLE REPORT
FDOR0546.rdw
. EXHIBIT uf2n Page!lof~ .
-
.
.
Order NO.:4 610018914-FTEUG25
EXHIBIT "A"
,
Beginning at the Southeast corner of the AC. Stevens Donation Land Claim No. 45, Township 17 South, Range 3 West of
the Willamette Meridian; thence following along the East line of said Donation Land Claim No. 45, North 00 04' 00" West
151.68 feet; thence leaving said East line of Donation Land Claim No. 45, North 890 45' 20" East 375.97 feet to a point on
the Westerly right-of-way line of Gateway Street, said point being 79.47 feet from, when measured at right angles to, the
centerline of said Gateway Street; thence along the Westerly right-of-way line of said Gateway Street, North 00 04' 00"
West, 60.01 feet; thence leaving said right-of-way, South 890 45' 20" West, 375.97 feet to a point on the East line of said
Donation Land Claim No. 45; thence following along said East line, North 00 04' 00" West 83.93 feet; thence leaving said
East line, West 325.18 feet; thence North 149.35 feet; thence West 236.35 feet; thence South 350 38' 16" West 72.88 feet;
thence South 160 25' 11" West 404.46 feet to a point on the South line of said Donation Land Claim No. 45; thence following
along the South line of said Donation Land Claim No. 45, North 890 49' 20" East 718.67 feet to the POINT OF BEGINNING,
all within Springfield, Lane County, Oregon.
FDORD553.rdw
Date Received:
JAN 2 7 2011
Original Submittal
EXHlBlT"E2" page a.of.a
(e
'D~'lision ~f ( . Depuly Cler-k
Lane Counly Deeds and Recor-ds
~OOHJOOn
1111111111111111111111111111111111111\\1\ \1\1\11\ $71,00
00570767200400300720100104 04/26/2004 10: 17: 14 AM
RPR-ESMT Cnl:1 Sln:5 CRSHIER 08
$50.00 $10.00 $11.00
After recordinl! return to:
Laurence E. Thorp
Thorp, Purdy, Jewett, Urness &
Wilkinson, P.e. ,
1011 Harlow Road,#300
Springfield, OR 97477
Until changes are requested
send all tax statements to:
Newgate, LLC
840 Beltline Road
Springfield, OR 97477
DECLARATION OF EASEMENT
RECITALS:
A. ' Newgate, LLC, an Oregon Limited Liability Company (Grantor), owns a certain tract of
, land located between the northbound off-ramp for Interstate Highway 5 at Beltline Road and
Gateway Street in Springfield, Oregon (Property). The Property is more fully described in the
attached Exhibit A-I.
B. . Grantor intends to divide the Property into two separate legal lots the North Lot and the
South Lot which are described in Exhibits A-2 and A-3 respectively attached hereto. A map
depicting the Lots is attached as Exhibit B.
.c. To ensure that sanitary sewer and storm water disposal are available to serve the Lots,
Grantor wishes to provide a sanitary sewer and stormwater disposal easement. In addition,
Grantor wants to provide an easement for access to the North Lot across the south Lot and
reciprocal parking easenlents for both Lots.
D. Grantor has executed this Declaration of Easement to provide such easements.
EASEMENT:
Grantor does hereby declare and establish the following easements for the benefit of the
Lots.
\
\
1. Sanitarv Sewer. Grantor hereby grants an easement appurtenant to the. North Lot over
and through the portion of the South Lot described in Exhibit C attached hereto for the pUl:pose
o I' operating the sanitary sewer line, which serves the North Lot. The easement is depicted on
Exhibit E attached hereto.
Date Received:
EXHIBIT ''U:' PageL ofJQ.,
JAil 2 7 2011
Declaration of Easement - Page 1 of3
Original Submittal
(doc.73219)
(.
(.
2. Storm Water. The site plan for development of the Property approved by the City of
Springfield requires that a storm water conveyance system (the "System") be built on a portion
of the Lots described in Exhibit D as depicted in Exhibit E attached hereto to serve both Lots.
Grantor hereby grants reciprocal easement on the property described in Exhibit D for the
purpose of constructing, maintaining, and'repairing the System and allowing both Lots to
discharge stonn water into the System.
3. Access and Parking.
a. Grantor hereby declares and grants a mutual, reciprocal easement for vehicular
parking on the Lots for the owners, employees, tenants, invitees and licensees using such Lots.
The initial design of the parking is depicted on Exhibit E.
b. Grantor hereby grants a non-exclusive easement through the South Lot to
Gateway Street for vehicular and pedestrian access to benefit the North Lot.
c. The owner of each Lot may designate rules as to the parking and traffic
circulation on its Lot, but said rules shall not unfairly inhibit traffic flow to the other Lot and
shall apply uniformly to the owners, tenants, invitees and licensees of each Lot.
4. Maintenance: The cost of constmcting, maintaining, repairing 'and replacing the sanitary
sewer line, the System and the access roadway and parking lots for which easements are granted
in Sections I, 2 and 3 above shall be divided between the owners of the Lots in proportion to the
square footage of the structures located on each lot.
5. Miscellaneous:
a. Easements granted by.this instrument shall be non-exclusive, perpetual and shall
run with the land.
b. This Declaration of Easement shall be binding on Grantor and its successors in
interest.
c. All disputes arising out of or related to this Declaration of Easement or the
easements created hereunder, shall be resolved between the.parties involved by arbitration in
accordance with ORS 36.600 et seq. (2003) and by any similar statute. The arbitrator's award
. shall be finiil and binding and may be docketed as a final judgment in any court of competent
jurisdiction.
d. The easements created hereunder may be amended or terminated upon the written
agreement of the owners of each Lot and the recording of such agreement in the Lane County,
Oregon property records.
e. The easements created hereby shall not be extinguished by merger as a result of
the dominant and serviant estates being in common ownership. '
Date Received:
EXHIBIT '{J:' Page.:1.. of lQ..
JAN 2 7 2011
Declaration of Easement - Page 2 of 3
Original SubmIttal
(doo,73219)
>.
(
(.
f. The owner of the South Lot shall have the right, at such owner's expense, to
relocate the sanitary sewer line described in section I above. At least 20 days prior to relocating
the line, the owner of the South Lot shall provide written notice to the owner of the North Lot
and shall not interupt sanitary sewer sel"Vi~e to the North Lot as a result of the relocation.
g. The owner of each Lot shall defend, indemnify and hold harmless the owner of
the other Lot for any damage done or injury caused as a result of the use of any easement granted
hereunder,
h. The Recitals are incorporated herein.
NEWGATE, LCC
/
II
",
n . Co alion, Manager
Richard I). Boyles, President
THE STATE OF Oregon )
)S5.
COUNTY OF Lane )
Personally appeared before me, a Notary Public in and for the above County and State,
Richard D. Boyles, President of Sycan B Corporation, known personally by me and
acknowledged by me to be on the date of execution, and he executed the foregoing for and' on
behalf of said limited liability company by authority of its Members.
Witnessed by hand and this notarial seal, this ;!}rP'day Of~, 2004.
OFRCIAL SEAL
TIMOTHY D. HOVET
NOTARY PUBLIC-OREGON
COMMISSION NO. 371588
,r,OMMiSSiON EXPIRES AUGUST 14, 2007
Date Received:
JAN 2 7 2011
Original Submittal
EXIllBIT ot\ " Page 1L of ~
Declaration of Eascment - Page 3 of 3
(do,,7J219)
.
r.
(.
PARCEL 1
BEGINNING AT A POINT ON THE WEST LINE OF THE WlLLlAM STEVENS DONATION LAND
CLAIM NO. 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILAMETTE MERIDIAN,
682.38 FEET SOUTH 00 DEGREES 04 MINUTES EAST FROM THE NORTHWEST CORNER OF
SAID CLAIM NO. 46; THENCE SOUTH 00 DEGREES 04 MINUTES EAST, 1027.70 FEET ALONG
SAID WEST LINE TO THE SOUTHEAST CORNER OF THE A.C. STEVENS DONATION LAND .
CLAIM NO. 45; THENCE SOUTH 89 DEGREES 49 MINUTES 20 SECONDS WEST, 754.65 FEET
ALONG THE SOUTH LINE OF SAID DONATION LAND CLAIM NO. 45 TO A POINT ON A LINE
80.00 FEET EASTERLY FROM AND PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF
INTERSTATE 5; THENCE NORTH 04 DEGREES 40 MINUTES EAST, 517.91 FEET ALONG SAID
LINE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE.OF THE "J" LINE WYE
CONNECTOR 100.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES, TO ENGINEERS
CENTERLINE STATION "J" 446+96.50 POINT OF CURVE; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY LINE ALONG THE ARC OF A 258.10 FOOT RADIUS CURVE RIGHT (THE
LONG CHORD OF WHICH BEARS NORTH 45 DEGREES 39 MINUTES 10 SECONDS EAST, 73.50
FEET) 73.75 FEET; THENCE ALONG THE ARC OF A 100.00 FOOT OFFSET SPIRAL CURVE
RIGHT HAVING AN "A" VALUE OF 8.0 (THE LONG CHORD OF WHICH BEARS NORTH 65
DEGREES 56 MINUTES 36 SECONDS EAST, 171.50 FEET); THENCE NORTH 70 DEGREES 50
MINUTES 20 SECONDS EAST, 10.00 FEET; THENCE ALONG THE ARC OF A 100.00 FOOT
OFFSET SPIRAL CURVE TO THE LEFT, HAVING AN "A" VALUE OF 5.0 (THE LONG CHORD
OF WHICH BEARS NORTH 67 DEGREES 22 MINUTES 30 SECONDS EAST, 217.15 FEET);
THENCE ALONG THE ARC OF A 672.96 FOOT RADIUS CURVE LEFT (THE LONG CHORD OF
WHICH BEARS NORTH 50 DEGREES 50 MINUTES 20 SECONDS EAST, 233.72 FEET) 234.91
FEET; THENCE ALONG THE ARC OF A 100.00 FOOT OFFSET SPIRAL CURVE LEFT, HAVING
AN "A" VALUE OF 5.0 (THE LONG CHORD OF WHICH BEARS NORTH 34 DEGREES 42
MINUTES 22 SECONDS EAST; 193.52 FEET) TO THE TRUE POINTOF BEGINNING, ALL IN
LANE COUNTY, OREGON.
PARCEL 2
BEGINNING AT A POINT ON THE WEST LINE OF THE WILLlAM STEVENS DONATION LAND
CLAIM NO. 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN,
1498.38 FEET SOUTH 00 DEGREES 04 MINUTES EAST FROM THE NORTHWEST CORNER OF
SAID CLAIM NO. 46; THENCE SOUTH 00. DEGREES 04 MINUTES EAST, 60.00 FEET ALONG
SAID WEST LINE; THENCE NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST 415.70 FEET
TO THE WESTERLY RIGHT-OF-WAY LINE OF GATEWAY STREET AS SAID STREETIS
DESCRIBED BY INSTRUMENT RECORDED JULY 16, 1969, RECEPTION NO. 73410, OFFICIAL
RECORDS LANE COUNTY, OREGON; THENCE ALONG THE WESTERLY RIGHT-OF-WAY
LINE OF SAID GATEWAY STREET NORTH 00 DEGREES 04 MINUTES WEST, 60.00 FEET TO A
POINT WHICH BEARS NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST FROM THE
POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST,
415.70 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON.
Exhibit A-I
Date Received:
JAN 2 7 2011
Exhibit A-I
Original Submittal
EXHIBIT ~\ " Page lL oti1L
.
!
I!
J:
.....--.
Beginning at a point on the West line of'the William Stevens Donation Land Claim No. 46,
Township 17 South, Range 3 West of the Willamette Meridian, 1027.34 feet North 0004'00"
West from the Southeast coiner of Donation Land Claim No. 45, Township 17 South, Range 3
West of the Willamette Meridian, thence South 0004'00" East, 731.53 feet; thence leaving the
West line of said Donation Land Claim No. 46, West 325.18 feet; thence North' 149.35 feet;
thence West 392.80 feet; thence North 4040'00" East 68.65 feetto a point on the Easterly right-
of-way line of the "J" line wye connection of Interstate 5, said point being 100.00 feet from,
when measured at right angles to, the Engineers Centerline Station "J" 446+97.15; thence
continuing along said right-of-way line and following the arc of a 258.10 foot radius curve to the
right an arc length of 74.22 (the long chord of which bears North 46036'03" East, 73.97 feet);
thence along a 100.00 foot offset spiral curve to the right, having an "A" value-of 8.00 (the chord
of which bears North 65056'34" East, 171.51 feet) to a point of tangency; thence North
70050'22" East, 10.00 feet; thence along a 100.00 foot offset spiral curve to the left, having an
"A" value of 5.0 (the chord of which bears North 67022'23 East, 217.15 feet) to a point of
- curvature; thence along the arc ofa 672.96 foot radius curve left an arc length of234.91 feet (the
long chord of which bears North 50050'22" East, 233.72 feet); thence along it 100.00 foot offset
spiral curve to the left, having an "A" value of 5.0 (the chord of which bears North 34043'48"
East, 193.22 feet) to the POINT OF BEGINNING, containing 5.59 acres, more or less, all within
Springfield, Lane County, Oregon.
EXHIBIT A-2
Date Received:
JAN 2 7 2011
Original Submittal
EXHIBIT ''tl:' Page ~ of~
(~
I-
...-.d
Beginning at the Southeast cqmer of the' A.C. Stevens Donation Land Claim No. 45, Township
17 South, Range 3 West of the Willamette Meridian, thence following along the East line of said
Donation Land Claim No. 45, North 0004'00" West 151.68 feet; thence leaving said East line of
Donation Land Claim No. 45, North 89045'20" East 415.44 feet to the Westerly right-of-way line
of Gateway Street as described by instrument recorded July 16,1969, Reception No. 73410,
Lane County Oregon Deed Records, Eugene, Lane County, Oregon, said pointbeing 40.00 feet
from, when measured at right angles to, the centerline of said Gateway Street; thence along the
Westerly right-of-way line of said Gateway Street, North 0004'00" West, 60.00 feet; thence
leaving said right-of-way, South 89045'20" West, 415.44 feet to a point on the East line of said .
Donation Land Claim No. 45; thence following along said East Line, North 0004'00" West 83.93
feet; thence leaving said East Line, West 325.18 feet; thence North 149.35 feet; thence West
392.80 feet; thence South 4040'00" West 448.79 feet to a point on the South line of said
Donation Land Claim Nq. 45; thence following along the South line of said Donation Land
Claim No. 45, North 89049'20" East 754.84 feet to the POINT OF BEGINNING, containing
7.00 acres, more or less, all within Springfield, Lane County, Oregon.
Date Received:
EXHIBIT A-3
JAN 2 7 2011
Original Submittal
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Date Received:
JAN 2 7 2011
Original Submittal
EXlllBIT 'tl." Page.4- ofJsL
I~
i,.!
A PARCEL OF LAND BEING A PORTION OF THE NORlHWEST QUARTER OF
SECITON 22, TOWNSlDP 17 SOUTII, RANGE 3 WEST OF THE WlLLAMETrE
MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE WILLIAM STEVENS
DONATION LAND CLAIM NO. 45, TOWNSlDP 17 SOUTII, RANGE 3 WEST OF THE
WlLAMETTE MERIDIAN, 11.52 FEET SOUTH 89"49'20" WEST FROM THE SOUTHEAST
CORNER OF SAID DONATION LAND CLAIM NO. 45; THENCE FOLLOWING ALONG
THE SOUTIf LINE OF SAID DONATION LAND CLAIM NO. 45, SOUTH 89: 49'ZO" WEST,
10.00 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH, 295.68 FEET; THENCE
EAST 10.00 FEET; THENCE SOUTII, 295.65 FEET TO THE POINT OF BEGINNING,
CONTAINING 2,957 SQUARE FEI\T, MORE OR LESS, ALL WITHIN SAID SECTION 22,
TOWNSlDP 17 SOUTII, RANIJE 3 WESt OF THE WlLLAMETTE MERIDIAN,
SPRINGFIELD, LANE COUNTY, OREGON.
.f~- RE.Gi~~REb ~4;_~'
~ PROFESSiONAL t
~ LAND SURVEYOR q
EGON
LY 16,1987
SCOTT J. GOEBI;:L
2280
f0EI'!f\VALD~T[ ~/:30/6~.J
Date Received:
EXHIBIT C
JAN 2 7 2011
M:\Lcgals\Sycan\Crossroads\Exhibil C Pvt San.wpd
Original Submittal
EXHIBIT~' page!1..-. of~
(~
i.
,,01
A parcel ofland being a portion of the Northwest Quarter of Section 22, Township 17 South,
Range 3 West of the Willamette Meridian; being more particularly descnDed as follows:
,
Commencing atthe Southeast comer of the William Stevens Donation Land Claim No. 45,
Township 17 South, Range 3 West of the Willamette Meridian; thence following along the South
line of said Donation Land Claim No. 45 South 89049'20" West, 754.84 feet; thence leaving said
South line North 4040'00" East, 508.11 feet to the TRUE POINT OF BEGINNING; thence
North 4040'00" East, 9.33 feet to a point on the Easterly right-of-way line of Intetstate Highway
5, 100.00 feet from, when measured at right angles to, the centerline "f' Line Station 446+97.15;
thence following along said right-of-way line lUld along the arc of a 258.10 foot radius curve to
the right, an arc distance of 1.83 feet (the long chord of which bears North 38033'55" East, 1.83
feet); to a point which is 100.00 feet from, when measured at right angles to, the centerline "f'
Line Station 446+94.62 thence leaving said riglJ.t-of-way South 56032'39" East, 56.42 feet; thence
South 81022'02" East, 98.77 feet; thence North 35021 '23" East, 94.60 feet; thence South
51044'20" East, 20.03 feet; thence South 35039'53" West, 8.84 feet; thence South 0003'36" East,
65.65 feet; thence North 89059'03",East, 180.97 feet; thence South, 71.62 feet; thence West,
10.00 feet; thence North, 55.73 feet; thence West, 229.52 feet; thence South 35039'53" West,
73.28 feet; thence South 17012'4i" West, 16.54 feet; thel)ce North 73021 '24" West, 17.16 feet~
thence North 06038'41" East, 91.92 feet; thence North 81022'02 West, 55.36 feet; thence North
56032'39" West, 54.29 feet to the POINT OF BEGINNING, containing 12,817 square feet, more
or less, all within said Section 22;SptiDgfield, Lane CoiliIty; oregon. .
..,;/~ "'~...~
:: REGISTEflED
Ii PROFESS!ONAL
~ LhND SURVEYOR
~
o GON
JUI 16,1987
! SCOTT J. GOEBEL
\\. 2280
r"iEi1g\'A~~TE: &>(3010.5 1
Date Received:
JAN 2 7 2011
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REVISIONS
=<I_~~';:'=" ~GOEBEL ENGINEERING k SURVEYING
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ENCINURmC - stIJlVKYUiG - PUNNING
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Division of Chief Depu., Clerk ~008.0~~860
Lane County Deeds and Records 'W'
\\, 1111I III III 1\ \ 'I \ \ 11\\\\1\ \ 11\ I \ \\11 \ 1\ \ \ \\ '1\ $36,00
01002980200800328600030034 06/12/2008 10: 37: 54 AM
RPR-AMEN Cnt=l. Stn=6 CASHIER 07
$15.00 $10.00 $11.00
AFTER RECORDING, RETURN TO:
CROSSROADS CENTER ONE, LLC
C/O RICHARD BOYLES
840 BEL TUNE ROAD, SUITE 202
SPRINGFIELD, OR 97477
Pl3L
AMENDMENT TO
CROSSROADS CENTER OPERATION AND EASEMENT AGREEMENT
Crossroads Center One, LLC (Crossroads) and Newgate, LLC (Newgate) entered into a
Crossroads Center Operation and Easement Agreement dated April 5, 2007, a copy of which
was recorded in the Lane County Oregon Official Records on April 6, 2007 at Recorder's
Reception No. 2007-023054 (the Agreement). The Agreement encumbers parcels of property
owned by Newgate and Crossroads as described therein. Newgate has agreed to sell a portion
of its property to the Oregon Department of Transportation in conjunction with expanding the
right-of-way of Interstate Highway 5 contiguous to ihe Newgate property. The parcel being sold
to the Oregon Department of Transportation is more fully described in Exhibit A attached
hereto and by this reference incorporated herein as though fully set forth.
Crossroads and Newgate hereby amend the Agreement to exclude from Exhibits Band
.F to the Agreement the portion of Newgate's property to be sold to the Oregon Department of
Transportation as more fully described in Exhibit A attached hereto.
Except as amended herein, the parties ratify and reaffirm the Agreement.
DATED this !;1{ day of at; ,2008. .
~ROSSROADS CENTER ONE, LLC
By: SYCAN B CORP., its managing member
By /Ij~
Richard Boyle's, President
.1
NEWGATE, LLC' I
By: SYCAN B CORP., its managing member
By: /l~~L .
Richard Boyles, President Uate Received:
(
[Acknowledgments on Next Page]
JAN 2 7 2011
. Oriainal Submittal
AMENDMENT TO CROSSROADS CENTER OPERATION AND EASEMENT AGREEMENT-1
EXHIBIT :~' page..Lof~
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STATE OF OREGON
)
) ss
County of Lane
The foregoing instrument was acknowledged before me this J;;";""'day of 1V1~ '
2008 by Richard Boyles as President of Sycan B Corp., an Oregon corporation, the m aging
member of Crossroads Center One, LLC, on behalf of the company.
LL~~
Notary Public for Oregon
. 0FFICIAL8l!AI.
, AMANDA A OL8Olt
." .~ tIOTARY PUBLIC. OREGON
. COMMISSION NO.lI87824
MY COMMISSION EXPIRES DEe Ill, 2001
STATE OF OREGON )
) ss
County of Lane
. S*'
The foregoing instrument was acknowledged before me this day of 1n~ '
2008 by Richard Boyles as President of Sycan B Corp., an Oregon corporation, the ging
member of Newgate, LLC, on behalf of the company. .
~~~~
. ~eJ:.-~~ c _ ~-
Notary Public for Oregon
. OFFICIAL SEAL
, " AMANDA A OLSOI'O
\.,../ NOTARY PUBLIC. OREGON
COMMISSION NO. 387624
MY COMMISSION EXPIRES DEC 12, 2001
Date Received:
JAN 2 7 2011
Original Submittal
AMENDMENT TO CROSSROADS CENTER OPERATION AND EASEMENT AGREEMENT - 2
EXHIBIT '~~ Page~ of~
I-
,.
EXHIBIT A
REAL PROPERTY IN THE COUNTY OF LANE, STATE OF OREGON,. DESCRIBED AS
FOLLOWS:
A PARCEL OF LAND LYING IN THE ASHLEY C. STEVENS D. L. C. NO. 45,
TOWNSHIP 17 SOUTH, RANGE 3 WEST, W.M., LANE COUNTY, OREGON AND BEING
A PORTION OF THAT PROPERTY DESIGNATED AS PARCEL 1 AND DESCRIBED IN
THAT SPECIAL WARRANTY DEED TO NEWGATE, LLC, RECORDED JULY 11, 2003
AS INSTRUMENT NO. 2003-063897, LANE COUNTY OFFICIAL RECORDS; THE
SAID PARCEL BEING THAT PORTION OF SAID PROPERTY INCLUDED IN A STRIP
OF LAND VARIABLE IN WIDTH, LYING ON THE EASTERLY SIDE OF TH~ CENTER
LINE OF THE RELOCATED PACIFIC HIGHWAY, WHICH CENTER LINE IS
DESCRIBED AS FOLLOWS:
BEGINNING AT ENGINEER'S CENTER LINE STATION 11+88T200, SAID STATION
BEING 823.022 METERS NORTH AND 412.927 METERS EAST OF THE NORTHWEST
CORNER OF THE ASHLEY C. STEVENS D.L.C. NO. 45, TOWNSHIP 17 SOUTH,
RANGE 3 WEST, W.M.; THENCE SOUTH 60 42' 33" WEST 3212.800 METERS TO
ENGINEER'S CENTER LINE STATION 15+100.000.
THE WIDTH IN METERS OF SAID STRIP OF LAND IS AS FOLLOWS:
STATION 13+589.261 TO STATION 13+629.500 160.000 IN A STRAIGHT LINE
TO 129.500 [WIDTH ON EASTERLY SIDE OF CENTER LINE]; STATION
13+629.500 TO STATION 13+678.000 129.500 IN A STRAIGHT LINE TO
100.500 [WIDTH ON EASTERLY SIDE OF. CENTER LINE]; 13+678.000 TO
STATION 13+736.500 100.500 IN A STRAIGHT LINE TO 94.000 [WIDTH ON
EASTERLY SIDE OF CENTER LINE]; 13+736.500 TO STATION 13+769.000
100.500 IN A STRAIGHT LINE TO 76.200
EXCEPT THEREFROM THE PORTION OF SAID PROPERTY INCLUDED IN A STRIP OF
LAND 76.200 METERS IN WIDTH, LYING ON THE EASTERLY SIDE OF SAID
CENTER LINE.
BEARINGS ARE BASED UPON THE OREGON COORDINATE SYSTEM OF 1983(91),
SOUTH ZONE. THIS PARCEL OF LAND CONTAINS 4466 SQUARE METERS, MORE OR
LESS.
Date Received:
JAN 2 7 2011
Original submittal
EXHIBIT~' Page 1Lof21e
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Oivision of Chief Depuly.Clerk
Lane County Deeds and Records
~~~I.~~J~o~
.After Recording Return to:
John C. Watkinson
101 E. Broadway, Suite 200
Eugene, OR 97401
1111111111111111111111111111111111111111111111111 . $136.00
~0897469200700230540230234
04106/200701:51:58 PM
~PR-ESMT Cnl=l Sln=15 CASHIER 04
$115.00 $10.00 $11.00
CROSSROADS CENTER OPERATION AND EASEMENT AGREEMENT
BETWEEN:
Crossroads Center One, LLC,
an Oregon limited liability company
(Crossroads)
AND:
Newgate, LLC,
an Oregon limited liability company
(Newgate)
DATE:
-1.1
April ~, 2007
RECIT ALS
A. Crossroads is the owner of that certain parcel of real property located near the northbound
off-rarilp for Interstate Highway 5 at Beltline Road and Gateway Street in Springfield; Oregon,
patiicularly described on attached Exhihit A (Crossroads Parcel). Newgate is the owner of the
parcel of real property which lies immediately adjacent to and north and west of the Crossroads
Parcel, patiicularly described on attached Exhibit B (Newgate Parcel).
B. In contemplation of the acquisition of the Crossroads Parcel by Crossroads, on April 22,
2004, Newgate executed a Declaration of Easement which was recorded April 26, 2004,
Reception No. 2004-030072, Official Records of Lane County, Oregon (2004 Declaration). The
patiies desire that this agreement supersede and replace the 2004 Declaration.
C. Although the Crossroads. Parcel and the Newgate Parcel are separately owned by
Crossroads and Newgate, respectively, at the time of the acquisition of the Crossroads Parcel by
Crossroads, together the Crossroads Parcel and the Newgate Parcel comprised a shopping center
lmown as "Crossroads Center." The Crossroads Parcel and the Newgate Parcel are collectively
sometimes referred to in this agreement as. the "Entire Property," as "the Parcels," and as "the
Center." Any reference in this agreement to "a Parcel," without designating which, is a reference
to each of the Parcels.
Date Received:
JAN 2 7 2011
Original Submittal
Crossroads Center Operation and Easement Agreement - 1
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D. Newgate and Crossroads are parties to that certain Easement, Maintenance and Use
Agreement for SigJlage, dated September 15, 2006, recorded September 21,2006, Reception No.
2006-069019, Office Records of Lane County, Oregon (Sigll Easement), under the terms of
which Newgate and Crossroads have the right to use, reconstruct and operate and the obligation
to repair and maintain a monument sign (Monument Sigll) located in the southeast comer of the
property currently owned by 3346 Gateway, LLC (3346 Parcel), at the intersection of Gateway
Street and the entrance to the Center, as shown on the Site Plan.
E. Newgate and Crossroads are parties to that certain Freight and Emergency Access
Easemenfdated March 22, 2007, recorded March 27, 2007, Reception No. 2007-020344, Official
Records of Lane County, Oregon, under the terms of which Newgate and Crossroads have the
right to use the freight and emergency driveway over the northem pOliion of the 3346 Parcel, as
shown on the Site Plan.
F. The purpose of this agreement is to memorialize the parties' agreement that the Center
shall be comprised of both the Crossroads Parcel and the Newgate Parcel, collectively, and to set
fOlih reciprocal easements and restrictions and the means by which the two parcels will be
operated for purposes of common area maintenance, payment of real property taxes, maintenance
of insurance on all improvements in the Center, and other matters related to the operation of both
parcels as a single shopping center.
AGREEMENT
1.. Definitions. As used in this agreement,.in addition to the capitalized defined terms in the
Recitals and elsewhere in this agreement, each of the following ten11S has the meaning ascribed
to that tenn:
1.1. Benefitted Parcel. A Parcel which is benefitted by the easements and rights set
forth in this agreement.
1.2. Building. Any pen11anently enclosed structure located on Crossroads Parcel or
the Newgate Parcel which shall include a11Y Building Appurtenances.
1.3. Building Appurtenances. The term "Building Appurtenances" includes outside
sales areas, stairs leading to and from a door, transfon11ers, trash cont.ainers or compactors,
canopies, suppOlis, loading docks, huck ramps, and other outward extensions of such structure.
1.4. Burdened Parcel. A Parcel which is burdened by the easements and obligations
set fOlih in this agreement.
1.5.
Center Insurance. As defined in paragraph 10.5.
Date Received:
1.6. Center Taxes. As defined in paragraph 13.1.
JAN 2 7 2011
Original Submittal
Crossroads Center Operation and Easement Agreement - 2
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1.7. Common Areas. The term "Common Areas" means and includes all parts of the
Center which are from time to time devoted primarily to parking, approaches, exits, entrances,
sidewalks, landscaping, incidental and interior roadways, service drives and other similar areas
as shown on the Site Plan.
1.8. Leases. An agreement between an Owner and a Person under the tem1S of which
the Person (Lessee) leases space in aBuilding on the Owner's Parcel.
1.9. Leaseable Floor Area. The number of square feet of floor area that each level or
story of all Buildings in the Center, including mezzanines (if the same are used as retails sales
area), bounded by the outside surfaces of exterior walls or storefront and the centerline of any
conm10n or party walls, but excluding upper levels of any deck/platform areas used for storage of
merchandise (including mezzanine areas), and the area of and/or. covered by Building
Appurtenances, except to the extent enclosed and used as retail sales areas.
1.10. Occupant(s). Each of the parties to this agreement and their respective successors
and assigns, including successors in interest to title to the Parcels, and all Persons who from time
to time shall be entitled to use and occupy space located within the Parcels under any Lease,
sublease, license or concession agreement, or other instrument or arrangement under which such
rights are acquired or granted.
1.11. Operating Costs. As defined in paragraph 12.
1.12. Owner(s). The parties to this agreement and each Person which is the record
Owner of fee simple title to a Parcel or all equitable Owner of a tract as a vendee under a land
sale contract.
1.13. Owner's Insurance. As defined in paragraph 10.5.
1.14. Owner's Taxes: As defined in paragraph 11.1.
1.15. Permittees. All Occupants and all customers, employees, licensees, patrons and
other business invitees of Occupants.
1.16. Pcrson. An individual, partnership, limited liability company, corporation, or
. other entity.
1.17. Pro Rata Share. The ratio that the Leaseable Floor Area of a Lessee premises
bears to the Leaseable Floor Area of all Buildings in thc Center.
1.18. Site Plan. The term "Site Plan" means and refers to the Site Plan of the Center
attached as Exhibit C.
r
2. Confirmation/Termination. Crossroads and Newgate hereby confim1 that they shall
own, operate and maintain the Crossroads Parcel and the Newgate Parcel ElatJa~en\ied:
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accordance with the terms and provisions of this agreement. If at any time the fee ownership of
both Parcels is the same, the covenants, easements, conditions-and restrictions in this agreement
shall merge with the fee and disappear, which may be confirmed by the owner of the Entire
, Property by executing and recording a document to that effect, evidencing termination of this
agreement.
3. Easements, Newgate and Crossroads hereby grant to each other and to each subsequent
Owner the following easements for use by the Owners and their respective Permittees:
3,1, Pedestrian Easements. Nonexclusive reciprocal easements for the purpose of
pedestrian traffie between eaeh Parcel and (a) the other Parcel; (b) the public streets and alleys
, now or hereafter abutting or located on any portion of the Entire PropeI1y; (e) the parking areas
now and hereafter located on the Entire Property; and (d) over, upon, and across and thl'Ough the
'Common Areas; limited, however, to those portions of eaeh Pareel which are improved by the
Owner thereof from time to tinle for pedestrian traffic and made available by sueh Owner for
general use by the Permittees in confol111ity with this agreement.
3.2. Vehicular Easelllents. Nonexelusive reciprocal easements for the purpose' of
vehicular traffie over, upon; across and between each Parcel and the publie streets and alleys
now and hereafter abutting or 'located on any portion of the Entire Property; limited, however, to
those portions of the Entire PropeI1y whieh are improved by the Owner thereof from time to time
for vehieular aecess ways in eonfonllity with this agreement.
3.3. Aeeess Easements. Nonexclusive reciprocal easements in accordance with access
points and driving lanes between eaeh Parcel and the public streets and ways abutting-or erossing
any portion of the Entire Property for the purpose of providing ingress, egress and 'aecess to the
easements hereby ereated and to the Common Areas.
3.4. Parking Easement. Nonexelusive reeiprocal easements in and to the parking areas
on the Entire Property for aeeess to and use for vehicular parking purposes. Either Owner shall
have the right to designate on that Owner's Pareel areas for parking by employees of Occupants
ofthat Pareel. If the Owners agree to designate an area of the Entire Property whieh may include
a portion of the parking area on eaeh of the Parcels, for employee parking, the Owners agree to
eooperate with each other to the extent permitted or required by the leases of Occupants.
3.5. Utilitv Easements. Nonexclusive reciprocal easements under, through, and across
that portion of the Conullon Area of eaeh Parcel for the maintenance, removal and replacement
of existing water lines, telephone lines, gas lines, sanitary sewer lines, eleetrical lines, storm
sewers and drainage lines, and other utility lines or systems existing at the time of this
agreement; provided, however, that all pipes, wires, lines, conduits, mains, sewers, systems and
related equipment (Utility Facilities) shall be maintained below the ground or surface levels of
the Parcels, except where the particular utility cannot feasibly be placed underground, such as
transfonllers, as long as any aboveground installations are enclosed and do not interfere with the
intended use of any Common Area. ,All Utility Facilities shall be operated are~~~igC<eWed:
manner whIch WIll not unreasonably mterfere wIth the use of the Parcels.
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3.5.1. Relocation. The Owner of a Parcel shall have the right to relocate a
Utility Facility on that Parcel which benefits the other Parcel, on the condition that the
Owner relocating the Utility Facility bears the full cost of such relocation, and on the
further condition that utility service to the Benefitted Parcel shall not be intelTupted in
cormection with the relocation. .
3.5.2. Work Standards. Any Owner undertaking any maintenance or relocation
work with respect to a Utility Facility pursuant to this agreement shall cause all such
work (including general cleanup and property surface and/or subsurface restoration) to be
completed promptly and in a manner which minimizes interference with or impediment
to the Common Area ofthe Burdened Parcel.
3.5.3. Indemnity. The Owner of a Benefitted Parcel shall indemnify and hold
hamlless the Owner of the Burdened Parcel against any and all claims, losses and
liabilities in connection with the use, maintenance, removal and repair of any Utility
Facility which serves the Benefitted Parcel and is located on the Burdened Parcel.
3.6. Sanitary Sewer Easement. Without limiting the generality of the easements
described in paragraph 3.5, Crossroads grants to Newgate, for the benefit of the Newgate Parcel,
an easement over, across and through tllat portion of the Crossroads Parcel described on attached
Exhibit D, depicted on attached Exhibit E, for the purpose of installing, operating, maintaining,
repairing, and replacing the sanitary sewer line which serves the Newgate Parcel. Crossroads
shall have the right, at Crossroads' expense, to relocate the sanitary sewer line in accordance
with and on the conditions described in paragraph 3.5.1. In the event of any such relocation, the
parties agree to amend the easement description in Exhibit D and the depiction in Exhibit E to
cOlTespOlld with the relocated line.
3.7. Surface Water Drainage. Without limiting the generality of the easements
described .in paragraph 3.5, nonexclusive reciprocal easements for the flow of a reasonable
volume of surface water to the nearest drainage catch basins or watelways; provided, however,
that (a) the easement for surface water drainage shall be consistent with an overall drainage plan
for the Entire Property; and (b) the Owner of a Benefitted Parcel shall not alter the flow of
surface water onto a Burdened Parcel in a maimer that would materially increase the volume, or
materially decrease the purity or quality, of surface water flowing onto the Burdened Parcel. The
site plan for development of the Entire Property, as approved by the City of Springfield, requires
that a storm water conveyance system be constructed on a pOliion of the Entire Property
described on attached Exhibit 11 and depicted on Exhibit E to serve the Entire Property. The
parties hereby graIlt to each other a nonexclusive reciprocal easement for the purpose of
constructing, maintaining, repairing, operating and replacing, and allowing the discharge of
. stonn water from each parcel into such system, as a Utility Facility, in accordance with
paragraph 3.5.
3.8. Self-Help Easements: Nonexclusive reciprocal rights of entrJ01.!ifIa~@B&t\r d;
over, across and under. each Parcel for the purpose reasonably necessary to enable any Owner orr
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a Parcel to perform any of the provisions of this agreement which a defaulting Owner has failed
to perfonn.
3.9. Tennination and Replacement of 2004 Declaration. The 2004 Declaration is
hereby terminated and is superseded and replaced by this agreement.
4. UninlPeded Access. The Owners agree that no barricade or other divider will be
constructed between the Parcels and the Owners will do nothing to prohibit or discourage the
free and uninterrupted flow of vehicular or pedestrian traffic throughout the Entire Property in
the areas designed for such purpose; provided that each Owner shall have the right to temporalily
. erect barriers to avoid th~ possibility of dedicating such areas for public use or creating
prescriptive rights therein; provided that no barricade shall impair access rights therein to another
Owner's Parcel.
5. Site Plan. At the time of this agreement, the Crossroads Parcel has been improved as
shown on the attached Site Plan. Also, at the time of this agreement, Building A and Building B
on the NewgateParcel, as shown on the Site Plan, are under development. Not yet developed on
the Newgate Parcel is the "Future Development Area" shown on the Site Plan. Crossroads
hereby approves development of Building A and Building B substantiaHy as shown on the Site
Plan. Newgate agrees that it will not construct any improvements in the Future Development
Area without the prior written consent of Crossroads. No buildings or other improvements shall
be constructed on either PaI"cel without the prior written consent of the Owner of the other
Parcel, which consent shall not be unreasonably withheld. It shall not be considered
unreasonable for the Owner of a Parcel to withhold consent to an improvement on the other
Parcel if such improverrient would violate the tem1S of any Lease of an Occupant or would
otherwise materially interfere with access to and from the Center or as between the Parcels,
including truck acccss to any Buildings in the Center. In no event, shaH improvements in the
Common Area have the effect of reducing the' parking ratio for the Center of five vehiclcs per
1,000 square feet of Leascable Floor Arca of all Buildings, with a minimum nine fcet by 18 feet
for each parking space, with reasonable allowancc for compact spaces.
6. Use of Common 'Area. The Common Area is for the sole and exclusive joint use of all
Occupants and Pe1111ittees. Except as otherwise specifically provided in this agreement, the
Common Arca improvcments may bc used only for the purpose for which they werc designcd.
By way of example, but not to the exclusion of anything not mentioned herein, parking arcas
may bc Llsed only for parking aJ1d motor vehicles, drive aisles may be used only for access and
traffic circulation, service areas may be used only for servicing and supplying Occupants' or
Permittees' businesses; and landscaped areas, trash/dumpster aI"eas and basket collection areas
may be used only for their intended purposes. All of thc uses pe1111ittcd within the Common
Area must be used with reason and judgment so as not to interfere with the primary purpose of
the Common Area which is to provide for parking and acccss for Occupants and Permittees.
7. Common Area Maintenance. The Owner of each Parcel will maintain or cause to be
maintained the Common Arca on the Owner's Parcel in good condition an'bfXfl.5if?e~tl1Ved'
Owner's expense. The maintenance and repair obligations include compliance Willi' all la~s, .
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rules, and regulatians, orders and .ordinances .of gavernmental agencies having jurisdictian aver
the Center.. The maintenance and repair abligatian includes, withaut liniitatian, thefallawing:
7.1. Maintaining and repairing the paved surfaces in a level, smaath and evenly
cavered canditian with the type .of surfacing material and striping .originally installed .or such
substitute therefar in shall in all respects be equal in quality, use and durability;
7.2. Remaving all papers, debris, filth and refuse, and washing .or tharoughly
sweeping the Camman Area ta the extent reasanably necessary ta keep the Camman Area in a
neat, clean and orderly canditian, and free .of snaw and ice;
7.3. Placing, keeping in repair and replacing any necessary appropriate directianal
signs, markers and lines;
7.4. Maintaining all landscaped areas, repairing autamatic sprinkler systems .or water
lines in the Camman Area and replacing shrubs 'and ather landscaping as necessary;
7.5. Keeping the Camman Area adequately lighted during any haurs that businesses
an each Parcel, as the case may be, are .open for business, and replacing all damaged .or defective
bulbs .or fixtures;
7.6. Cleaning, maintammg and repamng all curbs, sidewalks, driveways, service
drives, entrances, exits, and similar areas.
. The Owners shall share equally the casts .of repair, maintenance, recanstructian and
aperatian .of the Manument Sign in accardance with the Sign Easement, and shall share equally
the casts .of maintenance far which Crossroads and Newgate are respansible under the Access
Easement.
8. Failure to Properlv Maintain. In the event an Owner shall fail ta properly maintain that
partian .of the Camman Area lacated an its Parcel (Defaulting Owner), the ather Owner
(Nandefaulting Owner) may send written natice .of such failure ta a Defaulting Owner. Such
natice shall cantain an itemized statement of the specific deficiencies in the Defaulting Owner's
perfomlimce. Except in emergency situations, the Defaulting Owner shall have 20 days after
receipt .of the notice in which ta carrect the deficiencies .or in which ta cammence ta carrect the
deficiencies if they cannat be COlTected within the 20-day period and, thereafter, ta praceed
diligently to camplete COlTectian .of the deficiencies. In the event the Defaulting Owner shall fail
.or refuse to. timely carrect .or begin ta carrect the deficiencies, as the case may be, or in the case
.of an emergency (a situatian which threatens access ta a Parcel .or threatens inunediate
substantial lass .or damage ta property, .or persanal injury .or death ta persans), the Nandefaulting
Owner may, at its aptian, carrect the deficiencies, in which event the Defaulting Owner,
pramptly upan receipt .of an itemized invaice far the casts inculTed ta cure such deficiencies,
shall pay the amaunt .of all such casts to the Nondefaulting Owner, plus interest therean at 12
percent per annum fram the date incurred by the Nondefaulting Owner, until paid iii>3te Received:
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9. Mutual Indemnification. Each Owner with respect to its portion of the Entire Property
shall comply with all applicable laws, rules, regulations and requirements of all public authorities
with respect to the perforn1ance of its respective obligations under this agreement and shall
indemnify, defend and hold the other Owner harmless from and against any and all claims,
demands, losses, dm11ages, liabilities and expenses, and all actions and judgments, including
costs and reasonable attorney fees, arising out of or in any way related to the failure by such
Owner to maintain its portion of the Entire Property in a safe and proper condition. Each Owner
shall give the other Owner prompt notice of any claim made or actio'n commenced which may
result in indemnification hereunder.
10. Insurance.
10.1. Casualty Insurance. Each Owner shall obtain and maintain special form casualty
insurm1ce, covering direct physical loss of or damage too all of the buildings and improvements
now or hereafter located on its Parcel, in an amount not less than full replacement cost. Each
Owner may maintain such endorsements (such as contingent liability from operation of building
laws, increased cost of construction, and demolition costs), and additional coverages (such as
emihquake and flood) that the Owner considers prudent, as well as' such endorsements and
additional coverages that may be required pursuant to the tenus of the Owner's Leases with an
Occupant, or by the Owner's lender (such as terrorism coverage).
10.2. Waiver of Subrogation. Neither Owner shall be liable to the other Owner for any
loss or damage caused by a fire or mlY of the risks enumerated in a standard special form
casualty policy and neither party's insunince company shall have a subrogated claim against the
other pmiy in the event of an insured loss.
10.3. Liability Insurance. Each Owner shall obtain and maintain and cause its
Occupants to obtain and maintain comprehensive public liability insurance covering injuries to
person, loss of life and damage to property with combined single limit coverage of not less than
$2 million or as may otherwise be required by the terms of the Owner's Leases or by the
Owner's lender. Each Owner shall have the right to require the other Owner to increase the
limits of coverage from time to time to an amount that does not exceed typical coverages for
similar properties under similar circumstances at the time of the increase.
10.4. Policy Requirements. All insurance required by this agreement must be carried
with a company or companies qualified to do business in the state of Oregon and having a
general policy holder's rating of not less than A- and a financial rating of VII or better as rated in
the most current available "Best's Key Rating Guide." Each' Owner, upon receipt of written
request from the other Owner will furnish to the requesting Owner certificates evidencing the
insurance required hereunder. Each policy of liability insurance and certificates must provide
that the other Owner is named as additional insured, that the named insured's insurance is
primary and noncontributory with any insurance maintained by the other Owner, and that the
other Owner will receive at least 30 days written notice before aI1Y insurance evidenced by such
policy or certificate is i'educed or tern1inated. Such insurance shall also C9QlQly ,\Xith such
uate I"{ecelved:
JAN 2 7 2011
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additional policy requirements that may be imposed by the terms of an Occupant's lease with the
Owner or by the Owner's lender.
10.5. Definitions. The insurance that each Owner is required to maintain in accordance
with paragraphs 10.1 and 10.3 above is referred to in this agreement as "Owner's Insurance," and
collectively as "Center Insurance."
11. Real Estate Taxes. Each Owner shall pay all OWller's Taxes (defined below) assessed
by lawful authority against the Owner's Parcel.
11.1. Owner's Taxes Defined. As used in this agreement, "Owner's Taxes" means all
real property taxes and assessments which are assessment by any lawful authority against an
Owner's Parcel, less any rebates, credits or abatements. However, as regards any special
assessment for local improvements which under the laws that in force may be paid in
installments, "Taxes" for any tax fiscal year means only the installments that are payable with
respect to that tax fiscal year.' Taxes also include any tax, fee or excise assessed or levied against
an Owner on rents (to the extent not included in net income tax), on the square footage of
Buildings on a Parcel, or any pOliion thereof, on the act of entering into any Lease with an
Occupant or on the occupancy of any Occupant, or any other tax, fee, or excise, however
described', as a direct substitution in whole or in part for, or in addition to any real property taxes,
and all govemmental impositions and govemmental charges, including charges or fees measured
by trip generatiou or length, parking spaces, vehicle usage; or similar bases for measurement.
For purposes of determining the Lessees' Pro Rata Share of Taxes, pursuant to paragraph 13,
Taxes shall not include (a) any assessments for highway, street or traffic control improvements,
sanitary or stonn sewers, utilities, or other offsite improvements of any nature made in
connectioil witli the development or re-developmellt of the Entire Propeliy or a Parcel, or (b) any
franchise, gift, estate, inheritance, conveyance, transfer, capital investment, net income, or excess
. profits tax.
11.2. Pavment. Each Owner shall pay such Owner's Taxes when due and prior to
delinquency or imposition of any interest, fine or penalty, and in .time to receive any available
discount for payment in full.
12. Operating Costs Defined. As used in this agreement, the term "Operating Costs" means
all costs incurred by the Owners with respect to maintenance, repair and operation of the Center
as variously defined in Leases as "Common 'Facilities Costs," "Common Area Charges,"
"Landlord's Operating Costs," and similar terms, .and includes the cost of each Owncr's
Insurance.
13.' Pooling of Expenses/Determining Pro Rata Shares.
13.1. Center Taxes. For purposes of detenllining the Pro Rata Shares, the Owners shall
'pool the Owner's Taxes for both parcels (Center Taxes). As and to the extent provided in each
Lease, each Lessee's Pro Rata Share shall be based on the Center Taxes as if the..CeI1leI;-l\'as in a d
LJale ro;ecelve :
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single ownership and the Lessees' Landlord was the single owner. This calculation shall be
made at the time each Owner's Taxes are payable as provided in paragraph 11.2.
13.2. Operating Costs. For purposes of detennining the Pro Rata Shares, the Owners
shall pool the Operating Costs of both Parcels (Total Center Operating Costs). As and to the
extent provided in each Lease, each Lessee's Pro Rata Share shall be based on the Total Center
Operating Costs as jf the Center was in a single ownership and the Lessee's landlord was the
single owner. This calculation shall be made at the time monthly estimates of Operating Costs
are calculated and at the time of the Owners' preparation of annual statements (which reconcile
actual Operating Costs with estimated payments previously made).
13.3. Adjustment. To the extent an Owner receives fi'om its Lessees payments for the
Lessees' Pro Rata Share of Center Taxes and Total Center Operating Costs which exceed the
actual costs of the Owner's Taxes or the actual amount of the Owner's Operating Costs, as the
case may be, there shall be an adjustment between the Owners, accompanied by payment, so that
each Owner is ultimately responsible only for the ac.tual Taxes and Operating Costs incurred by
the Owner with respect to the Owner's Parcel.
14. Records/Right of Inspection. Each Owner shall maintain complete and accurate records
of all Operating Costs and all Owner's Taxes incurred by the owner with respect to the Owner's
Parcel. Each Owner agrees that each Occupant of the other Owner shall have the same rights of
inspection and audit of its records with respect to Operating Costs and the Owner's Taxes as the
Occupant has under its Lease with the other Owner.
15. Restrictions 011 Use. The Owners agree that the following restrictions shall apply to the
Entire Property; except as otherwise specified:
15.1. Prohibited Uses. No Occupant or Permittee shall use or allow the use of any of
the "Prohibited Uses" described on attached Exhibit G. This restriction shall not apply to
prohibit a use described on Exhibit G by an Occupant under a Lease in effect at the time of this
agreement which either pennits or does not prohibit such use.
15.2. Exclusives. Subsequent to the date of this agreement, an Owner shall not use,
lease, or sell any space in or any portion of the Owner's Parcel or any property contiguous to the
Owner's Parcel (including, without limitation, any property that would be contiguous or adjacent
to an Owner's Parcel but for an intervening road, street, alley or highway, but not including the
3346 Parcel) under control now or at any time hereafter by the Owner or any affiliate of Owner,
in violation of any exclusive use granted by the other Owner to an Occupant of the other
Owner's Parcel.
15.3. Approval of Leases/Amendments. Because the provisions of this agreement can
be affected by the provisions of Leases entered into by an Owner and an Occupant, the Owners
covenant and agree with each other that thcy shall not enter into any Lease or other agreement
with an Occupant without the written consent of the other Owner. The Ownef1glso .c,o.Jenant
. aile! agree with each other that no existing Lease or other agreement with an Oc~ilp~tlM1fC'RIMed:
JAN 2 7 2011
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in effect at the time of this agreement shall be amended in any respect that would have an effect
on the other Owner under this agreement without the other Owner's prior written consent.
16. Environmental Matters.
16.1. Duties of Owners/Occupants. Except as provided in paragraph 14.2, neither the
Owners nor any Occupant shall generate, use, store, handle or Release (defined below) any
Hazai'dous Substance (defined below) within the Entire Property or otherwise pennit the
presence of any Hazardous Substance on, under or about the Entire Property or transport any
Hazardous Substance to or from the Entire Property.
] 6.2. Pemlitted Use/Storage. Handling and Disposal of Hazardous Materials.
Notwithstanding the provisions of paragraph 14.1 to the contrary, an Owner or any other
Occupant or Permittee may use, sell, store and handle reasonable quantities of Hazardous
Substances, in reasonable quantities, which are necessary for the conduct of business, so long as
the use, sale, storage and handling complies with all applicable Enviromllental Laws (defined
below).
16.3. Indemnities. Each Owner (Indemnifying Owner) shall defend, indemnify and
hold hal1111ess the other Owner from and against all liabilities, demands, claims, losses, damages,
causes of action, or judgments and all reasonable expenses incurred in investigating or resisting
the same for inj ury to person, loss of life, or damage to property arising from the Release
(defined below) of any Hazardous Substance at, on, in, under or from the Entire Property, or any
portion thereof, caused by the Indemnifying Owner or the Indemnifying Owner's agents,
employees or contractors.
16.4. Third Partv Environmental Matters. If there is a Release which -is not" the subj ect
of the indemnities under paragraph 14.3, and govemmental authorities require remediation of the
Release, then the Owner of the Parcel where the Release has occuned shall be responsible for
remediation of the Release.
16.5. Definitions. As used in this paragraph 14, the following terms have the following
meanings:
16.5.1. Release. The term "Release" means releasing, spilling, leaking,
discharging, transporting, disposing, or dumping or otherwise introducing any Hazardous
Substances into the environment or into any building or other improvements in violation
ofEnviromnental Laws.
16.5.2. Environmental Laws. The term "Environmental Laws" means any federal,
state, county, municipal, or govenunental statutes, laws, ordinances, mles, regulations,
and legally enforceable policies conceming the protection of the enviromnent, human
health, or safety.
Date R~ceived:
JAN 2 7 2011
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16.5.3. Hazardous Substances. The term "Hazardous Substances" means each
and every elelnent, compound, material, mixture, substance, waste, hazardous material,
waste or substance, toxic substance, pollutant or contaminant, including petroleum
products, either as those terms are defined in any of the Environmental Laws or the
presence of which may cause liability at common law.
17. Condemnation Awards. If all or any part of the Entire Property is condei1med or taken
by the exercise of eminent domain by any public authority, then that portion of the resulting
award attributable to the value of any land within the Common Areas so taken shall be payable
only to the Owner thereof and no claim thereto shall be made by the other Owner. Provided,
however, the other Owner may file collateral claims with the Condenming Authority, over and
above the value of the land within the Common Areas so taken, to the extent of any damage
suffered by the other Owner resulting from 'the severance of the appurtenant Common Areas so
condemned. The Owner of the Common Areas so condemned or taken shall promptly repair and
restore the remaining portion of the Common Area'owned by such Owner as near as practical to
the condition of the same immediately prior to the condemnation or taking and without
contribution from the other Owner.
18. Nature of Easements and Covenants and Restrictions. Each and all of the easements
and rights granted or created herein are appurtenances to the affected portions of the Entire
Property and none of the easements and rights may be transferred, assigned, or encumbered
except as an appurtenance to such portions. For purposes of such easements and rights, the
particular areas of the Entire Property which are benefitted by such easements shall constitute the
dominant estate and the particular areas of the Entire Property which are burdened by such
easements and rights shall constitute the servient estate. Each and all of the easements,
covenants, restrictions and provisions contained in this agreemeni (a) are made for the direct,
mutual and reciprocal benefit of the Occupants and Pem1ittees of the respective parcels; (b)
create mutual equitable servitudes upon each Parcel in favor of the other Parcel; (c) constitute
covenants running with the land; and (d) shall bind every Person having any fee, leasehold or
other interest in any portion of the Entire Property to the extent that such portion is affected or
bound by the applicable easement" covenant, restriction, or provision or to the extent that such
easement, covenant, restriction, or provision is to be perfom1ed on such portion.
19. Duration. The easements, covenants, restrictions and other provisions of this agreement
shall be of perpetual duration.
20. Amendment. This agreement, or any easement, covenant, restnctlOn, or undertaking
contained herein, may be tenninated, extended, 'or amended as to each Parcel or pOliion thereof
only by the recording. of an appropriate document in the records of Lane County, Oregon,
executed by the Owners and the holder of any mortgage or trust deed in effect as of the date of
such document. .
21. Not a Public Dedication. Nothing contained in this agreement shall, or shall be deemed
to, constitute a gift or dedication of any portion of the Entire Propeliy to the geneIfl2it~ljs{gC€?rved:
J.A.N 2 7 2011
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the benefit of the general public or for any public purpose whatsoever, it being the intention of
the parties that this agreement will be strictly limited to and for the purposes expressed herein.
22. Relationship. Nothing contained in this agreement and no act of any Owner shall be
deemed or construed to create the relationship of principal and agent, partnership, joint venture,
or any association between Owners, nor shall anything contained in this agreement or any act of
ariy Owner be intended or construed to render any party liable for the debts or obligations of the.
other Owner.
23. Unavoidable Delavs. The time within which an Owner shall be required to perfonn any
. act under this agreement, other than the payment of money, shall be extended by a period of time
equal to the number of days during which perfonnance of such act is unavoidably delayed by
strikes, walk-outs, acts of God, govenunental restrictions, failure or inability to secure materials,
or labor by reason of shortages or priority or similar regulation, or order of any govehrmental or
regulatory body, enemy action, civil disturbance, fire, unavoidable casualties, injunction or order
of any com1 having jurisdiction over a party without regard to the basis for such injunction or
any other cause beyond the reasonable control of such party excluding, however, the inability or
failure of any pat1y to obtain any financing which may be necessary to carry out its obligations.
24. Estoppel Certificate and Cooperation. Each Owner shall, from time to time, upon not
less than 20 days written notice from the other Owner, execute and deliver to such other Owner a
cel1ificate stating that this agreement is W1Dlodified and in full force and effect or, if modified,
that this agreement is in full force and effect as modified and stating the modifications and
whether or not, to the best'of the knowledge of the Owner signing the same, the other Owner is
in default in any respect under this agreement and if in default, specifying the nature of such
default. The failure or refusal of an Owner to execute and deliver the certificate in the fOlm or
within the time .required shall be deemed the agreement and representation by such. Owner that
this agreement is unmodified, is in full force and effect and that no Owner or other Person is in
default hereunder. Each Owner shall cooperate with the other Owner in its efforts to obtain
financing secured by its Parcel, provided, however, this agreement to cooperate shall not require
an Owner to incur any additional liability, cost or obligation.
25. Notice. All notices under this agreement shall be in. wntmg and delivered either in
person, by overnight delivery service, so long as delivery is only made by obtaining a signed
receipt, or by certified mail, retum receipt requested, postage fully prepaid and addressed to the
address provided by notice from each Owner to the other Owner or, in the absence of such
notice, to the last known address of the Owner, as reasonably detennined by the Owner giving
the notice.
26. Attornev Fees. In any proceeding to enforce or interpret this agreement, the prevailing
party shall be entitled to recover from the losiilg party reasonable attomey fees, costs, and
expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other
proceeding, and in any appeal or review.
Date Received:
JAN 2 7 2011
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27. Modification. No modification of this agreement shall be valid unless it is in writing and
is signed by all of the parties.
28. Integration. This agreeillent is the entire agreement of the parties. There are no
promises, tenns, conditions, or obligations other than those contained in this agreement. This
agreement shall supcrsede all prior communications, representations,. and agreements, oral or
written, of the parties.
29. Interpretation. The paragraph headings are for the convenience of the reader only and
are not intended to act as a limitation on the scope or meaning of the paragraphs themselves.
This agreement shall not be constmed against the drafting party.
30. Severability. The invalidity of any tenn or provision of this agreement shall not affect
the validity of any other provision.
31. Waiver. Waiver by any party of strict perfonnance of any provision of this agreement
shall not be a waiver of or prejudice any party's right to require strict performance of the same
provision in the future or of any other provision.
32. Binding Effect. Subject to restrictions in this agreement upon assignment, if any, this
agreement shall be binding on and inure to the benefit of the heirs, legal representatives,
successors, and assigns of the parties.
33. Governing Law. This agreement shall be interpreted and enforced according to the laws
of the state of Oregon.
34. Counterparts. This agreement may be executed in multiple counterparts, each of which
shall constitute one agrcement, even though all parties do not sign the same counterpart.
35. Exhibits. All exhibits referred to in this agreement are incorporated by reference.
36. Time of Essence. Time is of the essence in the perfonnance of this agreement.
Crossroads
Newgate
Crossroads Center One, LLC
Newgate, LLC
By: Sycan B Corp.,
an Oregon corporation, its Manager
By: Sycan B Corp.,
an Oregon corporation, its Manager
Byr('!!Jf . '.
Richard D. Boyles, President
I .
(acknowledgmellts on following page) . Date Received:
JAN 2 7 2011
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STATE OF OREGON )
) ss.
County of Lane )
This instrument was acknowledged before ~e on this S- day of ~ ( [ ,2007,
by Richard D. Boyles, President of Sycan B Corp., the Manager of Crossroads Center))ne, LLC.
~~egoo~
. OFFICIAL SEAL
. " AMANDA A OLSON
\. ./ NOTARY PUBLIC. OREGON
. COMMISSION NO. 387824
MY COMMISSION EXPIRES CEC 12, 2008
STATE OF OREGON
)
) ss.
)
County of Lane
This instrument was acknowledged before me on this- 5- day ofht-Df1i ( ,2007,
by Richard D. Boyles, President of SycanB. Corp., the Manager ofNewg~LC.
. . d~#dZ- ~
Notary Public - State of Oregon
. OFFICIAL SEAL
AMANDA A OLSON
NOTARY PUBLIC. OREGON
'.... ....) COMMISSION NO. 387624
MY COMMISSION EXPIRES DEC 12. 2009
Date Received:
JAN 2 7 2011
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EXHffiIT A
Crossroads Parcel
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Beginning at the Southeast corner of the A.C. Stevens Donation Land Claim No. 45, Township 17 South,
Range 3 West of the Wlllamette Meridian; thence foJ/owlng along the East line of said Donation Land
Claim No. 45, North 00 04' 00" West 151.6B feet; thence leaving said East line of Donation Land Claim
No. 45, North 890 45' 20" East 375.97 feet to a point on the Westerly right-of-way line of Gateway
Street, said point being 79.47 feet from, when measured at right angles to, the centerline of said
Gateway Street; thence along the Westerly right-of-way line of said Gateway Street, North 00 04' 00"
West, 60.01 feet; thence leaving said right-of-way, South 890 45' 20" West, 375.97 feet to a point on the
East line of said Donation .Land Claim No. 45; thence following along said East line, North 00 04' 00" West
83.93 feet; thence leaving said East line, West 325.18 feet; thence North 149.35 feet; thence West
236.35 feet; thence South 350 38' 16" West 72.88 feet; thence South 160 25' 11" West 404.46 feet to a
point on the South line of said Donation Land Claim No. 45; thence following along the South line of said
Donation Land Claim No. 45, North 890 49' 20" East 718.67 feet to the POINT OF BEGINNING, all within
Springfield, Lane County, Oregon.
Tax Parcel Number: 1056611
Date Received:
JAN 2 7 2011
Original Submittal
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EXHIBIT B
Newgate Parcel
Real property in the County of Lane, State of Oregon, described as follows:
. Beginning at a point on the East line of the AC Stevens Donation Land Claim No. 45,Township 17 South,
Range 3 West of the Willamette Meridian, 682.59 feet North 000 04' 00" West from the Southeast corner
of said Donation Land Claim No. 45, thence following along said East line, South 000 04' 00" East, 731.73
feet; thence leaving said East line, West 325.18 feet; thence North 149.35 feet; thence West 236.35 feet;
thence South 350 38' /6" West 72.88 feet; thence South 160 25' 11" West 404.46 feet to a point on the
southerly line of said Donation Land Claim Number 45; thence following along said southerly line South
890 49' 20" West 16.32 feet to a point on the easterly boundary of that particular strip of land described
in Exhibit B of Stipulated General Judgment as Recorded on 27 February 2007, Reception #2007-013557,
Lane County Oregon Deed Records; thence leaving said southerly line, and foilowlng along the easterly
boundary of said strip of land, North 40 40' 16" East 541.76 feet to a point on the Easterly right- of-way
iine of the "J" line wye connection of Interstate 5, said point being 100.00 feet from, when measured at
right angles to, the Engineers Centerline Station "J" 446+51.59; thence following along said right-of-way
iine and following the arc of a 258.10 foot radius curve to the right an arc length of 41.51 feet (the chord
. of which bears North 500 13' 54" East, 41.47 feet); thence along a 100.00 foot offset spiral curve to the
right, having an "A" value of 8.00 (the chord of which bears North 650 56' 34" East, 171.51 feet) to a .
point of tangency; thence North 70050' 22" East, 10.00 feet; thence along a 100.00 foot offset spiral
curve to the left, having an "A" value of 5.0 (the chord of which bears North 67" 22' 23" East, 217.15
feet) to a point of curvature; thence along the arc of a 672.96 foot radius curve to the left an arc length
of 234.91 feet (the long chord of which bears North 500 50' 22" East, 233.72 feet); thence aiong a
100.00 foot offset spiral curve to the left, having an "A" value of 5.0 (the chord of which bears North 340
43' 48" East, 193.22 feet) to the POINT OF BEGINNING, ali within Springfield, Lane County, Oregon.
Tax Parcel Number: 0188258
Date Received:
JAN 2 7 2011
Original Submittal
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EXHIBIT D
Easement for Sanitary Sewer Line to serve Newgate Parcel
A PARCEL OF LAND BEING A PORTION OF TIIB NORTHWEST QUARTER OF
SECITON 22, TOWNSIDP 17 SOum. RANGE 3 WEST OF TIffi WJLLAMET'rn
MBRlDlAN1 BEING MORE PARTICULARLY DESCRIBED AS POLLOWS:
BEGINNING AT A POINT ON TIIB SOUTIILINE OF TIIB WILLIAM SmVENS
DONATION LAND CLAIM NO. 45, TOWNSHIP 17 SOum, RANGE 3 WEST OF TIIB
WlLAME'ITE MERIDIAN, 11.52 FEET soum 89'49'20" WEST FROM THE SOUTIIBAST
CORNER OF SAID DONATlONLAND CLAIM NO. 45; THENCE FOLLOWING ALONG
THE SOUTH.LINE OF SAID DONA'TION LAND CLAIM NO. 45, SOUTH 89:49'40" .WEST,
10.00 FEET; THENCE LEAVING SAID soum LINE, NORm 295.68 FEET; THENCE
EAST 10.00 FEET; THENCE SOUTH, 295.65 FEET TO 1'IIE POINT O:F BEGINNING,
CONTAINING 2,957 SQt!ARB FEf.1T, MORE OR LESS, AIL WITHIN SAID SECTION 22,
TOWNSfDP 17 SOUTH; RANQE 3 WEst OF 'flIB WlLLAMEITE MERIDIAN,
SPRINGFIELD, LANE COUNTY, OREGON.
Date Received:
JAN 2 7 2011
Original Submittal
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Date Received,:
JAN 2 7 20ll!~: +"
Original SUbmillal_~o---
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EXHmIT F
Portion of Entire Property for Construction of Storm Water Conveyance System
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A parcel ofland being a portion of the Northwest Quarter of Section 22, Township 17 South,
Range 3 West of the Wdlamette Meridian, being more particularly dl}Scnoed as follows:
Commencing at the Southeast comer of the William Stevens Donation Land Claim No. 45,
Township 17 South, Range 3 West of the Wdlamette Meridian; thence following along the South
line of said Donation Land Claim No. 45 South 89049'20. West, 754.84 feet; thence leaving said
South line North 4040'00. East, 508.11 feet to the TRUE POINT OF BEGINNING; thence
North 4040'00. East, 9.33 feet to a point on the Easterly right-<Jf-way line of Intetstate H1ghway
5, 100.00 feet from, when measured at right angles to, the centerline 'If' Line Station 446+97.15;
thence following along said right-<Jf-way line and along the arc ofa 258.10 foot radius curve to
the right, an arc distance ofl.83 feet (the long chord of which bears North 38033'55" East, 1.83
feet); to a point which is 100.00 feet from, when measured at right angles to, the centerline "J"
Line Station 446+94.62 the= leaving said ri~t-Qf-way South 56032'39" East, 56.42 feet;' thence
South 81022'02" East, 98.77 feet; thence North 35021'23. East, 94.60 feet; thence South
51044'20" East, 20.03 feet; thence South 35039'53 " West, 8.84 feet; thence South 0003'36" East,
65.65 feet; thence North 89059'03" East, 180.97 fee~ thence South, 71.62 feet; thence West,
10.00 feet; thence North, 55.73 feet; thence West, 229.52 feet; thence South 35039'53" West,
73.28 feet; thence South 17012'41" West, 16.54 feet; thel).C6 North 73021'24" West, 17,16 feet;
thence North 06038'41" East, 91.92 feet; thence North 81022'02 West, 55.36 feet; thence North
56032'39" West, 54.29 feet to the POINT OF BEGINNING, containing 12,817 square fuet, more
or less, all within said Section 22, StilUigJiefd,-tiilie'Coilllty, Oregon.
Date Received:
JAN 2 7 2011
Original Submittal
EXHIBIT "n:;' Page lli of). ~
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EXHIBIT G
Crossroads Center
Prohibited Uses
1. funeral establishment;
2. automobile, motorcycle, boat, trailer or truck leasing, rental, sales, repair or display
establishment or used car lot, including body repair facilities and quick-lube and tire and
battery facilities;
3. laundromat;
4. auction or bankruptcy sale unless due to court order;
5. pawn shop;
6. outdoor circus, carnival or"amusement park, or other entertainment facility;
7. outdoor meetings;
8. bowling alley, or primarily pool or billiard est.ablishment;
9. shooting gallery;
10. off-track betting, gambling, or gaming (provided that state sponsored lottery tickets shall
not be prohibited); . .
11. refinery, service or gas station;
12. adult bookstore or facility selling or displaying pornographic books,' literature, . or
videotapes . (materials shall be considered "adult" or "pornographic" for such purpose if
the same are not available for sale or rental to children under 18 years old because they
explicitly deal with or depict human sexuality);
13. massage parlor;
14. tattoo parlor;
15. any residential use, including but not limited to living quarters, . sleeping apartments,
lodging rooms, hotel or motor inn;
16. theater;
17. auditorium, meeting hall, ballroom, day care facility, school, or other~~t& ~EYI:!I*Sed:
assembly, IncludIng lIbrary, readIng room, or house of worship;
18.
unemployment/employment agency, service or commission;
JAN 2 7 2011
. . f"\rinio'" !':ubmittal
S:\N\NEWGA T.LLC\Busmess\CrossroatlS\SflJoifPrOhlbltedUscs.doc ./ <"'"\ CIl
. EXHIBIT 'O:'Page1S..of~
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19. gymnasium, health or racquet club, spa, exercise or dance studio;
20. dance hall;
21. disco, tavern, bar, night club or cocktail lounge;
22. bingo or similar games of chance, but lottery tickets and other items commonly sold in
retail establishments may be sold as an incidental part ofbusiness;
23. video game or amusement arcade, except as an incidental part of another pnmary
business, including virtual reality, laser tag room or facility, indoor children's
recreational facility or other amusement or entertaimnent facility;
24. skating or roller rink, miniature golf or other sports or recreational facility;
25. dollar store, second hand store, close-out store, auction house, flea market, swap meet or
junk yard
26. non-retail use (which shall not prohibit in the Shopping Center such uses commonly
referred to as "quasi-retail" or "service retail" such as a travel agency, real estate office,
insurance agency, accounting service, etc., so long as same do not exceed ten percent
(10%) ofthe Leaseable Square Feet of the Shopping Center).
27. full-service, varied-menu restaurant (provided, delis, coffee shops, or quick-service
restaurants without drive-up window shall not be prohibited);
28. animalraising or storage (except incidental to a retail operation);
29. any manufacturing or warehouse use (except incidental to a retail operation);
30. drilling for and/or removal of subsurface substances, dumping, disposal, incineration or
reduction of garbage or refuse, other than in enclosed receptacles intended for such
purposes; or
31. any facility related to the occult sciences, such as palm readers, astrologers, fortune.
tellers, tea leaf readers or prophets, frozen food locker or sales facility, milk distribution
center, medical, dental or hospital related center or offices, nursing home, old age center,
or governmental facility (other than a post office), or recruiting center.
Date Received:
JAN 2.7 2011
Original Submittal
S:\N\NEWGA T. LLC\Business\Crossroads\ExhibitProhibitedUscs.doc
EXlllBIT ~ Page C)..Cy ~