HomeMy WebLinkAboutEasement APPLICANT 1/27/2011 (2)
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Division of Chief Depu., Clerk 2008.0'2860
Lane County Deeds and Records V
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AFTER RECORDING, RETURN TO:
CROSSROADS CENTER ONE, LLC
C/O RICHARD BOYLES
840 BEL TUNE ROAD, SUITE 202
SPRINGFIELD, OR 97477
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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 describe.d in Exhibit A attached hereto.
Except as amended herein, the parties ratify and reaffirm the Agreement.
DATED this !) 11 day of il~ij , 2008.
~ROSSR~ADS CENTER ONE, LLC
By: SYCAN B CORP., its managing member
By: /n~
Richard Bats, President
NEWGATE, LLC
By: SYCAN B CORP., its managing member
By: /l/Z~I- ,.
Richard BOy)eS, President Uate Received:
{Acknowledgmenls on Nexl Page] JAN 2 7 2011
Oriainal Submittal
AMENDMENT TO CROSSROADS CENTER OPERATION AND EASEMENT AGREEMENT-,
EXlUBIT'~' page..L ofJJa
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STATE OF OREGON
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County of Lane
The foregoing instrument was acknowledged before me this t;";""'day of 1V)<tt.J ,
2008 by Richard Boyles as President of Sycan B Corp., an Oregon corporation, t~
member of Crossroads Center One, LLC, on behalf of the company.
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Notary Public for Oregon
OFFICIAL SEAL
AMANDA A OLllOlt
NOTARY PUBLlC. OREGOIt
COMMISSION NO.ll87824
&lY COMMISSlON EXPIRES DEO 111, 20llI
STATE OF OREGON )
) ss
County of Lane
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The foregoing instrument was acknowledged before me this 5 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.
~~~~
Notary Public for Oregon
OFFICIAL SEAL
AMANDA A OLSON
NOTARY PUBLIC. OREGON
COMMISSION NO. 387624
MY COMMISSION EXPIRES DEO 12,20011
Date Received:
JAN 2 7 2011
Original Submittal
AMENDMENT TO CROSSROADS CENTER OPERATION AND EASEMENT AGREEMENT - 2
EXHIBIT ''@~ Page:1- ot'~
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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 THE 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 6042' 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 2J.... of~
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Division of
Lane Counly
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Chier DepulyClerk
Deeds and Records
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After Recording Return to:
J olm C. Watkinson
101 E. Broadway, Suite 200
Eugene, OR 97401
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00897469200700230540230234
04/06/200701:51:58 PM
~PR-ESMT Cnl=l Sln=15 CASHIER 04
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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:
April S#', 2007
RECIT ALS
A. Crossroads is the owner of that certain parcel of real property located near the northbound
off-ran1p for Interstate Highway 5 at Beltline Road and Gateway Street in Springfield, Oregon,
particularly described on attached Exhibit A (Crossroads Parcel). Newgate is the owner of the
parcel of real property which lies immediately adjacent to and nOlih and west of the Crossroads
Parcel, pmiicularly 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
parties 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, respeetively, at the time of the acquisition of the Crossroads Pareel by
Crossroads, together the Crossroads Parcel 'and the Newgate Parcel comprised a shopping center
known as "Crossroads Center." The Crossroads Parcel and the Newgate Parcel are collectively
sometimes referred to in this agreement as. the "Entire Propeliy," 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
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D. Newgate and Crossroads are parties to that certain Easement, Maintenance and Use
Agreement for Sig:tlage, dated September 15, 2006, recorded September 21,2006, Reception No.
2006-069019, Office Records of Lane County, Oregon (Sig:tl 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 Sig:tl (Monument Sig:t1) located in the southeast comer of the
property curreritly 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
Easement"dated 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 rlorthem portion 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
f01ih 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 terms has the meaning ascribed
to that teml:
1.1. Benefitted Parcel. A Parcel which is benefitted by the easements and rights set
forth in this agreement.
1.2. Building. Any pemlanently enclosed structure located on Crossroads Parcel or
the Newgate Parcel which shall include any Building Appurtenances.
1.3. Building Appurtenances. The term "Building Appurtenances" includes outside
sales areas, stairs leading to and from a door, transformers, trash containers or compactors,
canopies, supports, loading docks, truck ramps, and other outwmd extensions of such structure.
1.4. Burdened Parcel. A Parcel which is burdened by the easements and obligations
set f01ilr in this agreement.
1.5.
Center Insurance. As defined in paragraph 10.5.
Date Received:
1.6. Center Taxes. As defined in paTagraph 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 inclndes 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 terms 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
common or party walls, but excluding upper levels of any deck/platfol1n 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 pal1ies 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 instmment 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. Pen11ittees. All Occupants and all customers, employees, licensees, patrons and
other business invitees of OCCUPalltS.
1.16. Person. 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.
2. Confirmation/Termination. Crossroads and Newgate hereby confin11 that they shall
own, operate and maintain the Crossroads Parcel and the Newgate Parcellala~ ~eived:
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accordance with the tenns 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 alld disappear, which may be confinned by the owner of the Entire
. Property by executing and recording a document to that effect, evidencing tennination of this
agreement.
3, Easements. Newgate and Crossroads hereby grant to each other and to each subsequent
Owner the following casements for use by the Owners and their respective Pennittees:
3.1. Pedestrian Easements. Nonexclusive reciprocal easements for the purpose of
pedestrian traffic between each Parcel and (a) the other Parcel; (b) the public streets and alleys
. now or hereafter abutting or located on any portion of the Entire Property; (c) the parking areas
now and hereafter located on the Entire Propeliy; and (d) over, upon, alld across and through the
Common Areas; limited, however, to those portions of each Parcel which are improved by the
Owner thereof from time to time for pedestrian traffic and made available by such Owner for
general use by the Permittees in confonnity with this agreement.
3.2. Vehicular Easements. Nonexclusive reciprocal easements for the purpose of
vehicular traffic over, upon; across and between each Parcel and the public. streets and alleys
now and hereafter abutting or-located on any portion of the-Entire Propeliy; limited, however, to
those portions of the Entire Propeliy which are improved by the Owner thereof from time to time
for vehicular access ways in conformity with this agreement. .
3.3 _ Access Easements. Nonexclusive reciprocal easements in accordance with access
points and driving lanes between each Parcel and the public streets and ways abutting. or crossing
any pOliion of the Entire Propcrty for the purpose of providing ingress, egress and access to the
easements hereby created and to the Common Areas.
3.4. Parking Easement. Nonexclusive reciprocal easements in and to the parking areas
on the Entire Property for access to and use for vehicular parking purposes. Either O\\,ner shall
have the right to designate on that Owner's Parcel areas for parking by employees of Occupants
of that Parcel. If the Owners agree to designate an area ofthe Entire Property which may include
a portion of the parking area on each of the Parcels, for employee parking, the Owners agree to
cooperate 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 Common Area of each Parcel for the maintenance, removal and replacement
of existing water lines, telephone lines, gas lines, sanitary sewer lines, electrical lines, stonn
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
transformers, 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 op~rated al1f)c\i~~~c<eW~d'
manner which will not unreasonably interfere with the use of the Parcels. L '
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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 interrupted in
connection 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 indenmify and hold
harmless the Owner of the Burdened Parcel against any and all claims, losses and
liabilities in connection with the use, maintenance, removal aud 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 that 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
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parties agree to amend the easement description in Exhibit D and the depiction in Exhibit E to
correspond 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 waterways; 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 manner 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 stonn water conveyance system be constructed on a portion of the Entire Property
described on attached Exhibit F and depicted on Exhibit E to serve the Entire Propeliy. The
pmiies hereby grant to each other a nonexclusive reciprocal easement for the purpose of
constmcting, 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 entrYOl!i~a~&aemfed:
over, across and under. each Parcel for the purpose reasonably necessary to enable any Owner 01
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a Parcel to perform any of the provisions of this agreement which a defaulting Owner has failed
to perfoml.
3.9. Termination and Replacement of 2004 Declaration. The 2004 Declaration IS
hereby tenninated and is superseded and replaced by this agreement.
4. Unimpeded 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 temporarily
erect baITiers to avoid the possibility of dedicating such areas for public use or creating
prescriptive rights therein; provided that no baITicade 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 Newgate Parcel, 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 substantially as shown on the Site
Plan. Newgate agrees that it will not constmct any improvements in the Future Development
Area without the prior written consent of Crossroads. No buildings or other improvemeilts shall
bc constructed on either Parccl 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 ten11S 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 access to any Buildings in the Center. In no event, shall improvements in the
Common Area have the effect of reducing the' parking ratio for the Center of five vehicles per
] ,000 square feet of Leaseable Floor Area of all Buildings, with a minimum nine feet by 18 feet
for each parking space, with reasonable allowance for compact spaccs.
6. Use of Common Area. The Common Area is for the sole and exclusive joint usc of all
Occupants and Pemlittees. Except as otherwise specifically provided in this agreement, the
Common Area improvements may be used only for the purpose for Which they were designed.
By way of example, but not to the exclusion of anything not mentioned herein, parking areas
may be used only for parking and motor vehicles, drive aisles may be used only for access and
traffic circulation, service arcas may be used only for servicing and supplying Occupants' or
Pcrmittees' businesses," and landscaped areas, trash/dumpster areas and basket collection areas
may be used only for their intended purposes. All of the uses pennitted within the Common
Area must be used with reason and judgment so as not to interfere with the primary purpose of
the Common Arca which is to provide for parking and access for Occupants and Permittecs.
7. Common Area Maintenance. The Owner of each Parcel will maintain or cause to be
maintained the Common Area on the Owner's Parcel in good condition an1)~Ptlilj;2e.c~Yved'
Owner's expense. The maintcnance and repair obligations include compliance Wltli' an laws, .
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rules, and regulations, orders and ordinances of governmental agencies having jurisdiction over
the Center. . The maintenance and repair obligation includes, without limitation, theJollowing:
7.1. Maintaining and repairing the paved surfaces in a level, smooth and evenly
covered condition with the type of surfacing material and striping originally installed or such
substitute therefor in shall in all respects be equal in quality, use and durability;
7.2. Removing all papers, debris, filth and refuse, and washing or thoroughly
sweeping the Common Area to the extent reasonably necessary to keep the Common Area in a
neat, clean and orderly condition, and free of snow and ice;
7.3. Placing, keeping in repair and replacing any necessary appropriate directional
signs, markers and lines;
7.4. Maintaining all landscaped areas, repairing automatic sprinkler systems or water
lines in the Common Area and replacing shrubs .and other landscaping as necessary;
7.5. Keeping the Common Area adequately lighted during any hours that businesses
on each Parcel, as the case may be, are open for business, and replacing all damaged or defective
bulbs or fixtures;
. 7.6. Cleaning, mamtammg and repamng all curbs, sidewalks, driveways, servIce
drives, entranccs, exits, ana similar areas.
. The Owners shall share equally the costs of repair, maintenance, reconstruction and
operation of the Monument Sign in accordance with the Sign Easement, and shall share equally
the costs of maintenance for which Crossroads and Newgate are responsible wlder the Access
Easement
8. Failure to Properly Maintain. In the event an Owner shall fail to properly maintain that
portion of the Common Area located on its Parcel (Defaulting Owner), the other Owner
(Non defaulting Owner) may send written notice of such failure to a Defaulting Owner. Such
notice shall contain an itemized statement of the specific deficiencies in the Defaulting Owner's
performance. .Except in emergency situations, the Defaulting Owner shall have 20 days after
receipt of the notice in which to correct the deficiencies or in which to commence to correct the
deficiencies if they cannot be corrected within the 20-day period and, thereafter, to proceed
diligently to complete correction ofthe deficiencies. In the event the Defaulting Owner shall fail
or refuse to. timely correct or begin to COlTect the deficiencies, as the case may be, or in the case
of an emergency (a situation which threatens access to a Parcel or threatens immediate
substantial loss or damage to propeliy, or personal injury or death to persons), the Nondefaulting
Owner may, at its option, correct the deficiencies, in which event the Defaulting Owner,
promptly upon receipt of an itemized invoice for the costs incurred to curc such deficiencies,
shall pay the amount of all such costs to the Nonclefaulting Owner, plus interest thereon at 12
percent per annum from the date incurred by the Nondefaulting Owner, until paid ilDmte Received:
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9. Mutual Indemnification. Each Owner with respect to its portion of the Entire Propeliy
shall comply with all applicable laws, rules, regulations and requirements of all public authorities
with respect to the performance of its respective obligations under this agreement and shall
indemnify, defend and hold tl~e other Owner harmless from and against ahy and all claims,
demands, losses, damages, liabilities and expenses, and all actions and judgments, including
costs and reasonable attomey 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 action commenced which may
result in indemnification hereunder.
10. Insurance.
10.1. Casualtv Insurance.' Each Owner shall obtain and maintain special fonn casualty
insurance, 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
e31ihquake and flood) that the Owner considers. prudent, as well as such endorsements and
additional coverages that may be required pursuant to the terms 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 allY of the risks enumerated in a standard special form
casualty policy and neither party's insurance company shaH have a subrogated claim against the
othcr paliy 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 \ender. Each Owner shall have the right to require the other Owner to increase the
limits of coverage from time to time to an 3ll1ount that does not exceed typical coverages for
similar properties under similar circumstances at the time ofthe increase.
lOA. Policv 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 fumish 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 3l1Y insurance maintained by the other Owner, and that the
other Owner will receive at least 30 days written notice before any insurance evidenced by such
policy or certificate is reduced or terminated. Such insurance shall also cl;>l;rlJlly with such
uate Received:
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additional policy requirements that may be imposed by the terms of an Occupaht's lease with the
Owner or by the Owner's lender.
10.5. Definitions. Th~ insurance that each Owner is required to main,tain in accordance
with paragraphs 10.1 and 10.3 above is refened to in this agreement as "Owner's Insurance," and
collectively as "Center Insurance."
11. Real Estate Taxes. Each Owner shall pay all Owner'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 al1Y 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 p01iion thereof, 011 the act of entering into any Lease with an
Occupant or on the occupancy of any Occupant, or any other tax, fee, ot 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 governmental charges, including charges or fees measured
by trip generation 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 storm sewers, utilities, or other offsite improvements of any nature made in
connectioi1 with the development or re-developmellt of the Entire Property or a Parcel, or (b) any
franchise, gi ft, 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 Defilied. As used in this agreement, the term "Operating Costs" means
all costs incurred by the Owners with respect to maintenance, repair al~d 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 Owner's
Insurance.
13.' Pooling of Expenses/Determilling Pro Rata Shares.
13.1. Center Taxes. For purposes of detennining the Pro Rata Shares, the Owners shall
'pool the Owner's Taxes for both parcels (Center Taxes). As and to the exterit provided in each
Lease, each Lessee's Pro Rata Share shall be based on the Center Taxes as ifth60C~11te1i-y.:as in a d
Vale I"(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 if 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 o'f 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 from 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 actual Taxes and Operating Costs incuned by
the Owner with respect to the Owner's Parcel.
14. Records/Rieht ofInspection. 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 havethe same rights of
inspection and auditof 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 on 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 Pelmittee 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 permits 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, strcet, 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 exclusivc use granted by the othel' Owner to an Occtipant of the other
Owner's Parcel. I . .
. . i
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 they shall not enter into any Lease or other agreement
with an Occupant without the written consent of the other Owner. The Ownefs,lls_o covenant
ai1d agree with each other that no existing Lease or other agreement with an Oc'cllP~t~iC~IMed:
JAN 2 7 2011
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in effect at the time of this agreement shall be amended in any respect that w~uld 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
Hazardous Substance (defined below) within the Entire Property or otherwise pern1it the
presence of any Hazardous Substance on, under or about the Entire Property or transport any
Hazardous Substance to or from the Entire Property.
16.2. Pem1itted 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 Pem1ittee 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 Environmental Laws (defined
below).
16.3. Indemnities. Each Owner (Indemnifying Owner) shall defend, indemnify and
hold hanl1less the other Owner from and against all liabilities, demands, claims, losses, damages,
causes of action, or judgments and all reasonable expenses incuned in investigating or resisting
the same for injury to person, loss of life, or damage to property arising from the Release
(defined below) of any Hazardons Substance at, on, in, under or from the Entire Property, or any
portion thereof, caused by the Indemnifying Owner or the Indemllifying Owner's agcnts,
employees or contractors.
. .
16.4. Third Partv Environmental Matters. If there is a Releas~ which is nofthe subject
of the inden1l1ities under paragraph 14.3, and govemil1ental 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
meanll1gs:
16.5.1. Release. The term "Release" means releasing,' spilling, leaking,
discharging, transpOliing, disposing, or dumping or otherwise introducing any Hazardous
Substances into the environment or into any building or other improvements in violation
ofEnviroml1'ental Laws. '
16.5.2. Environmental Laws. The term "Environmental Laws" means any federal,
state, county, municipal, or govenll11ental statutes, laws, ordinances, rules, regulations,
and legally enforceable policies concerning the protection of the enviroment, human
health, or safety. .
Date Re.ceived:
JAN 2 7 2011
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16.5.3. Hazardous Substances. The term "Hazardous Substances" means each
'and 'every element, compound, material, mixture, substance, waste, hazardous material,
waste or substance, toxic substaJlce, 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 Propeliy is condei1Uled 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 laJ1d 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 Condemning 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
condel1Uled. The Owner of the Common Areas so condemned or taken shall promptly repair aJld
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 transfen-cd, 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 agreement (a) are made for the direct,
mutual and reciprocal benefit of the Occupants and Permittees 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, covenaJlt, restriction, or provision or to the extent that such
easement, covenant, restriction, or provision is to be perfoillled 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 terminated, extended, 'or amended as to each Parcel or portion 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 pOliion of the Entire Property to the genere:l&t\9IF<l;}~lVed:
JAN 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 paliy liable for the debts or obligations of the.
other Owner.
23. Unavoidable Delays. The time within which an Owner shall be required to perfonn allY
act under this agreement, other than the payment of money, shall be extended by a period oftime
equal to the number of days during which performance of such act is unavoidably delayed by
strikes, walk-outs, acts of God, governmental restrictions, failure or inability to secure materials,
or labor by reason of shortages or priority or similar regulation, or order of any govenmlental or
regulatory body, enemy action, civil disturbance, fire, unavoidable casualties, injunction or order
of allY comi having jurisdiction over a paliy without regard to the basis for such injunction or
any other cause beyond the reasonable control of such paliy excluding, however, the inability or
failure of any party 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
celiificate stating that this agreement is ul11llodified 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 form or
within the time required shall be deemed the agreement and representation by such Owner that'
this agreement is UlUllOdi fied, 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 allY additional liability, cost or obligation.
25. Notice. All notices 'under this agreement shall be 111 wntmg and delivered either in
person, by ovel11ight delivery service, so long as delivery is only made by obtaining a signed
receipt, or by certified mail, return 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 detel11lined by the Owner giving
the notice.
26. Attorney Fees. In any proceeding to enforce or interpret this agreement, the prevailing
party shall be entitled to recover from the losing party reasonable attol11ey fees, costs, and
expenses incurred by the prevailing paliy 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 ofthe parties.
28. Integration. This agreeiuent is the entire agreement of the parties. There are no
promises, tenus, conditions, or obligations other than those contained in this agreement. This
agreement shall supersede 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 construed against the drafting party.
30. Severability. The invalidity of any tenu or provision of this agreement shall not affect
the validity of any other provision.
31. Waiver. Waiver by any party of strict performance of any provision of this agreement
shall not be a waiver of or prejudice any party's right to require strict perfomlance 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 bene.fit 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 cOl1stitllte one agreement, even though all parties do not sign the same counterpart.
35. Exhibits. All exhibits referred to ill this agreement are incorporated by reference.
36. Time of Essence. Time is of the essence in the performance 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
By/n))L Byr(j;J/
Richard D/BOYleS, President Richard D/Boyles, President
r .
(acknowledgmellts on following page) . Date Received:
JM~ 2 7 2011
Crossroads Center Operation and Easement Agreement - 14 . . .
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STATE OF OREGON )
) ss.
County of Lane )
This instrument was acknowledged before n~e on this S- day of ~ l ( ,2007,
by Rich,,' D. Boyl~, P,,,id,,' ofSy,m B emp., fu, M""~~'" L~C
Notary Pub ic - Sate 0 regon
STATE OF OREGON
)
) ss.
)
OFFICIAL SEAL
AMANDA A OLSON
.' NOTARY PUBLIC -OREGON
COMMISSION NO. 387824
MY COMMISSION EXPIRES DEC 12, 2008
County of Lane
This instrument was aclGlowledged'before me on this'S day of,Q.-D'fli( ,2007,
by Richard D. Boyles, President of SycanB. Corp., [he Manager o[Newg~LC.
. d/fd7rd:- ~
'Notary Pnblic - State of Oregon
. OFFICIAL SEAL
i AMANDA A OLSON
\" ) NOTARY PUBUC - OREGON
. .' COMMISSION NO. 387624
MY COMMISSION EXPIRES DEe 12, 2008
"
Date Received:
JAN 2 7 2011
Crossroads Center Operation and Easement Agreement - 15
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EXHIBIT 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 Wiliamette Meridian; thence following along the East line of said Donatlon 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
236.3S 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 Cialm No. 45; thence following along the South line of saId
Donation land Ciaim 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 Wlllamette 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' 16" 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 following along the easterly
boundary of said strip of land, North 40 40' 16" East 541.76 feet to a point on the Easteriy 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+51.59; thence following along said right-of-way
line and following the ar.c 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 700 50' 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 670 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 SO' 22" East, 233.72 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 340
43' 48" East, 193.22 feet) to the POINT OF BEGINNING, all 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 TIlE NORTHWEST QUARTER OF
SECITON 22, TOWNSHIP 17 SOum, RANGE 3 WEST OF THE WlLLAMET'rB
MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF 1HE WILLIAM S~VENS
DONATION LAND CLAIM NO. 45, TOWNSHIP 17 SOum, RANGE 3 WEST OF TIIE
WlLAMETIE MERIDIAN, 11.52 FEET SOUTH 89'49'20. WEST FROM THE SOUTHEAST
CORNER OF SAID DONATION LAND CLAIM NO. 45; THENCE FOLLOWING ALONG
THE SOUTH.LINE OF SAID DONATION LAND CLAIM NO. 45, SOUTH 89:49':WWEST,
10.00 FEET; THENCE LEAVING sAIi> SOUTH LIN:E, NORm 295.68 FEET; THENCE
EAST 10.00 FEET; THENCE SOUm, 295.65 FEET TO '$E POINT OF BEGINN1NG,
CONTAINING 2,957 SQQARE FE&T, MORE OR LESS, ALL wrrHIN SAID SECTION 22,
TOWNSIllP 17 SOUTH; RANGE 3 WEst OF TIIB WlLLAMETIE MERIDIAN,
SPRlNGFlELD, LANE COUNTY, OREGON.
Date Received:
JAN 2 7 2011
Original Submittal
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~ Date Received,:
JAN 2 7 2011l~: +"
Original SUbmittal_~t-
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EXHlBIT "0;' Page .222of~(P
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EXHIBIT F
Portion of Entire Property for Construction of Storm Water Conveyance System
(
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 d~cnDed as fonows:
Commencing at the 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
NortjJ4"40'OO" East, 9.33 feet to a point on the Easterly right-Qf-way line of Intetstate Highway
5, 100.00 feet from, when measured at right angles to, the centerline 'If' 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 oEl.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 therme leaving said right-<lf-way South 56"32'39" East, 56.42 feet;' thence
South 81 OZ2'02" E;!st, 98.77 feet; thence North 35021',23" East, 94,60 feet; !bellce 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; thence North 73021'24" West, 17.16 feet;
thence North 06"38'41" East, 91.92 feet; thence North 81"22'02 West, 55.36 feet; thence North
56032'39" West, 54.29 feet to the POINT OF BEGlNNlNG, containing 12,817 square teet, marc
or less,a11 within said Section 22, SpiThgfierd,.taiie'County, Oregon.
Date Received:
JAN 2 7 2011
Original Submittal.
, .
EXHIBIT .~' Page ~l-\ of) ((J
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EXHIBIT G
Crossroads Center
Prohibited Uses
1.
funeral establislunent;
2.
automobile, motorcycle, boat, trailer or truck leasing, rental, sales, repair or display
establislunent 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 estabIislunent;
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;
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 neit available for sale or rental to children under 18 years old because they
explicitly deal with or depict human sexuality);
massage parlor;
tattoo parlor;
any residential use, including but not limited to living quarters,. sleeping apartments,
lodging rooms, hotel or motor im1;
theater;
auditorium, meeting hall, ballroom, day care facility, school, or other I!l~t~ 'Re'C!lYffled:
assembly, IncludIng library, readIng room, or house of worship;
unemployment/employment agency, service or commission;
JAN 2 7 2011
. {'\rininal !';ubmittal
S:\N\NEWGAT.LLC\BUSineSS\crossroatrS\Eill\lOilPrOlii.b ItedUscs.doc. / (""\ r. f1
. EXHIBIT '0:' Pagen 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 primary
business, including virtual reality, laser tag room or facility, indoor children's
recreational facility or other amusement or entertainment 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%) of the Leaseable Square Feet of the Shopping Center).
27. full-service, vaJied-menu restaurant (provided, delis, coffee shops, or quick-service
restaurants without drive-up window shall not be prohibited);
28. animal raising 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
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