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HomeMy WebLinkAboutAgreement APPLICANT 12/9/2010 (3) ~" ' .. \. I , l ;; ;~..~)- ~' ,~/- /' ANAL ~-~, . . ---rR # 1 --' AGREEMENT FOR CONSTRUCTION OF PUBUC IMPROVEMENT. JASPER ROAD EXTENSION DEDICATION OF RIGHT OF WAY TO LANE COUNTY t; L T - dCX)Y~-CXO 0' <.:> ~ 1= c :z :5 :z w w a: <.!> a: ~ o t- :z er- E:; a: PARTIES: ' Milland Properties limited Partnership P. O. Box 989 - -- - n____ -----------~----- Division of Chief Depuly Clerk Eugene, Oregon 97440 Lane Counly Deeds and Records McDougal Bros. Investments A Partnership composed of Norman McDougal and Melvin McDougal P. O. Box 518 Creswell, Oregon 97426 200~.O~a548 IIIIlIl III \ 1\\ 1II1\\ 1111111111 \\IIl\lllllll III III $166,00 00594164200400485480290291 06/25/2004 to :51: t9 AM RPR-AGRE Cnl=1 Sln=5 CASHIER 07 $145.00 $10.00 $11.00 , James A. Smejkal P. O. Box 26224 Eugene, Oregon 97402 ~' ,Crossroads Development LlC, an' Oregon limited liability Company Hayden Watson 2622 SW Glacier Place Suite 110 Redmond, Oregon 97756 Gordon Webb 860 Ocean Drive Bandon, Oregon 97411 City of Springfield, A Municipal Corporation of the State of Oregon 225 Fifth Street Springfield, Oregon 97477 --~ . Lane County, A Political Subdivision of the State of Oregon 125 East 8th Street Eugene, Oregon 97401 PRE.SUBMITTAl REC'O DEe ., 9 2010 Agreement for Construction of Public Improvement Jasper Road - 1 ,.--\ I , ,,:.Co;.,,"}.', -, '><~" ',-' . . . , FINAL RECITALS: WHEREAS, MILLAND PROPERTIES, LIMITED PARTNERSHIP is the owner of the real property more particularly described and set forth in Exhibit A attached hereto and incorporated herein by reference. For reference on the date of execution of this agreement, Exhibit A is also known as Map Identification No. 18 02 10 00, Tax Lot 200. . . WHEREAS, McDOUGAL BROTHERS INVESTMENTS is the owner of the real propertY more particularly described and set forth in Exhibit B attached hereto and incorporated herein by reference. For reference on the date of execution of this agreement, Exhibit B is also known as Map Identification No. 18 02 10 00, Tax Lot 900. WHEREAS, CROSSROADS DEVELOPMENT LLC, is the owner of the real property more particularly described and set forth in Exhibit C attached hereto and incorporated herein by reference. For reference on the date of execution of this agreement; Exhibit C is also known as Map Identification No. 180203 00, Tax Lot SOL WHEREAS, GORDON WEBB is the owner of the real property more particularly described and set forth in Exhibit D attached hereto and incorporated herein by reference. For reference on the date of execution of this agreement, Exhibit D is also known as Map Identification No. 180209 00, Tax Lot 100, and 1802 10 00, . Tax Lot 100... . WHEREAS, JAMES A. SMEJKAL is the owner of the real property more particularly described and set forth in Exhibit E attached hereto and incorporated herein by reference. For reference on the date of execution of this agreement, Exhibit E is also known as Map Identification No. 1802 1000, Tax Lots 1001, 1200, 1201, 1301 and 18 02 15 00, Tax Lot 100. WHEREAS, each of the owners described above are planning or undertaking developments of the real property more particularly described and set forth in Exhibits A, B, C, D, and in E which will necessitate the construction of safe and adequate access and the provision of the utilities to said real property. WHEREAS, the properties described in Exhibit A, B, C, D, and E are located in the "Natron" area within the City of Springfield Urban Growth Boundary which is planned for development with residential, commercial and industrial uses to become an urbanized area under the jurisdiction of the City of Springfield. WHEREAS, the owners described above agree that the Jasper Road Extension would enhance future development plans for the ultimate residential commercial, and industrial uses planned or to be developed on the real property to be described above, and Agreement for Construction of Public Improvement Jasper Road - 2 PRE~SUBMlrrAl REC'O DEe 9 2010 -..-..-.. II . . i. FINAL WHEREAS, the City of Springfield has worked with the owners on an Oregon Department of Transportation Growth Management Grant to improve the Natron Area's development opportunities and development configurations, and WHEREAS, the City of Springfield believes that the construction of the Jasper Road Extension is necessary for the economic and transportation well-being of the community, and ',' . WHEREAS, in order to expedite and facilitate the development of their respective properties by the construction of the Jasper Road Extension, property owners are willing to dedicate right of way for the Jasper Road Extension, and WHEREAS, in order to permit the development of the Jasper Road Extension on the expedited time table requested by Milland Properties, McDougal Brothers Investments, Crossroads Development LLC, Gordon Webb; and James A. Smejkal, the dedications described herein must be made or the project will be deferred by the City of Springfield and Lane County until a later date, and WHEREAS, subject to the dedication of right of way by landowners' described herein and government authorities approvals, Lane County will construct a road usually referred to as the Jasper Road Extension connecting Oregon State Highway 125 and the Eugene-Springfield Highway and Jasper Road near Brand S Road, and WHEREAS, the City of Springfield has offered to provide Transportation System Development Charge (SDC) credits for those portions of the right of way dedicated by the owners which exceed 60 feet in width, the width of the street that would normally be required for the development of the owners' property, NOW THEREFORE based upon the foregoing recitals which are expressly made a part of this agreement, it is agreed between the parties as follows: AGREEMENT: 1. Milland Properties, Limited Partnership Responsibilitv , A. MILLAND PROPERTIES, liMITED PARTNERSHIP hereby agrees todedicate..to Lane County a 30.5 meter wide right of way for road and utility purposes 'as . generally depicted in location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to Lane County. B. MILLAND PROPERTIES, liMITED PARTNERSHIP agrees to dedicate to Lane County the real property described in Section 1A above. As partial consideration for the foregoing dedication, City of Springfield shall provide Milland Properties, Umited Partnership, transportation SDC credit for land dedicated outside a 3D-foot right of way at the rate of $24,000 per acre. Agreement for Construction of Public Improvement Jasper Road - 3 PRE.SUBMITTAl REC'D DEe 9 2010 . .". -;:",.y;: -:'~...;-'- ,. . . ANAL C. MILLAND PROPERTIES, UMITED PARTNERSHIP on dedication to Lane County of the right of way described in 1 A shall sell the real property which is approximately 13.03 acres, subject to a mutually agreed upon final acreage determination between. the City of Springfield and MILLAND PROPERTIES, UMITED PARTNERSHIP more particularly described and set forth in Exhibit A-1 and depicted at Parcels A, B, C and D to the City of Springfield for the sum of $24,000 per acre. Said sale is under threat of eminent domain. There will be no Transportation SDC credit applicable to the real property described in Exhibit A-1 and sold by MILLAND PROPERTIES, UMITED . PARTNERSHIP provided in consideration for this sale. 2. McDouQal Brothers Investments ResDonsibilitv A. MCDOUGAL BROTHERS INVESTMENTS hereby agrees to dedicate to Lane County a 61 meter wide right of way for road and utility purposes as generally depicted in location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to Lane County. As a partial consideration for the foregoing dedication, City of Springfield shall provide McDougal Brothers Investments, transportation SDC credit for land dedicated outside a 60 foot right of way at the rate . . of $24,000 per acre. In addition to the 61 meter right of way as described above, MCDOUGAL BROTHERS INVESTMENTS hereby agrees to dedicate to Lane County and/or the City of Springfield additional right of way lying on the easterly side of said 61 meter right of . way as needed to accommodate the more southerly of the two intersections to be constructed to provide access to the extension. This intersection will be a permanent access to the extension. The right of way to be dedicated to Lane County or the City of Springfield will include additional fee title and/or slope easements necessary to match the grade of the access road intersection with the grade of the connecting road and adjacent land lying outside and easterly of the 61 meter right of way. The purpose of Said additional dedications is to accommodate any fill slopes lying outside of the 61 meter dedicated right of way that may be needed to accommodate the currently-proposed at-grade intersection of the connector road and the extension, as well as any overpass intersection which may be constructed in the future. As a partial consideration for the foregoing dedication City of Springfield shall provide. MCDOUGAL- BROTHERS INVESTMENTS transportation SDC credit for necessary~lope . easements. B. MCDOUGAL BROTHERS INVESTMENTS shall dedicate the on-site relocation of Brand S. Road (a private road) as generally depicted on Exhibit AA as an approach road to the intersection with the Jasper Road Extension alignment. It is understood the access point on Jasper Road will remain as fixed, however, this road may be relocated by MCDOUGAL BROTHERS INVESTMENTS subject to approval of City of Springfield and Lane County. Dedication of the onsite relocation of Brand S Road shall provide access to those parties currently using Brand S Road including but not limited to that property presently known as: the Cornelius property, Map Identification No. 18-02-10, Tax Lot 1300; the properties curren~ ~~wn as the Agreement for Construction of Public Improvement Jasper Road - 4 JJRt-;)UBMITTAl REC'O DEe 9 2010 ....'~-' .:,;.\. ;;;;4;~,::;~~:~::< . . FINAL Smejkal properties consisting of Map Identification No. 18-02-10, Tax Lots 1200, 1201,1001,1102,1103,1104, and 1100. Map Identification No. 18-02-11, Tax Lots 300,400,1600. Map Identification No. 18-02-15, Tax Lot 100; and, the Haley property, Map Identification No. 18-02-10, Tax Lot 1002. MCDOUGAL BROTHERS INVESTMENTS shall also provide access to Parcel B and will cooperate with Lane County in developing an access to Parcel A on Exhibit M. Ci. Upon 120 days written notice from Lane County MCDOUGAL BROTHERS INVESTMENTS shall remove all railroad improvements to be salvaged located within the 61 meter dedicated right of way prior to project bid advertisement. Project contractor will remove any remaining railroad improvements located within the 61 meter dedicated right of way. Cii. Upon dedication to Lane County of the right-of-way described in Paragraph 2A, the property described on Exhibit "B" to this Construction Agreement, Lane County will pay McDougal $75,000.00 and Springfield will pay McDougal $375,000.00 which McDougal will accept as total compensation for damages for the loss or relocation of the railroad spur at its current location on McDougal properties and shall hold Lane County and the City of Springfield harmless from any and all claims. Should the relocation of railroad spur require a new switch on the UP main line, the City shall compensate MCDOUGAL actual costs up to a maximum of an additional $47,900 recognizing the higher costs for turnout construction relocation and inflation of construction costs and design as depicted in April 11; 2003 estimates provided to CITY by MCDOUGAL. CiiL McDougal shall defend, indemnify, and hold harmless Lane County and Cityof Springfield harmless from all claims of damages from any lessee of McDougal on McDougal's property arising from the dedication of the 61 meter right of way and/or construction of the project in the manner proposed. D. MCDOUGAL BROTHERS INVESTMENTS shall supply to Lane County and City of Springfield from its current lessee (at the time of execution of this Agreement) a signed waiver of any leasehold interest and/or c1aim(s) of damage(s) due to the dedication of a 61 meter wide right of way and/or construction of the project in the manner proposed; and further, MCDOUGAL BROTHERS INVESTMENTS shall in_clude . in any lease with any future lessee a waiVer of Lane County and the City of Springfield of any leasehold interest and/or c1aim(s) of damage(s) due to the dedication of a 61 meter wide right of way and/or construction of the project. E. MCDOUGAL BROTHERS INVESTMENTS is responsible for obtaining all wetlands permits and mitigation necessary for MCDOUGAL BROTHERS INVESTMENTS to fulfill its responsibilities for relocation of the railroad spur. Agreement for Construction of Public Improvement Jasper Road. 5 PRE.SUBMITTAl REC'O DEe . 9 2010 " "-;"',':. ." -, .'~-:;":.:._,,,~_;>,i; .'."._ . . ANAL 3. Crossroads Development LLC A. CROSSROADS DEVELOPMENT LLC, hereby agrees to dedicate to Lane County a 61 meter wide right of way for road and utility purposes as generally depicted in location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to Lane County. B. CROSSROADS DEVELOPMENT LLC, agrees to dedicate to Lane County the real property described in Section 3A above. As partial consideration for the foregoing dedication, City of Springfield shall provide Crossroads Development, LLC, transportation SDC credit for land dedicated outside a 60 foot right of way at the rate of $24,000 per acre. 4. . Webb's Responsibility A. WEBB hereby agrees to dedicate to Lane County a 61 meter wide right of way for road and utility purposes as generally depicted in location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to Lane County. B. WEBB agrees to dedicate to Lane County the real property described in Section 4A above. As partial consideration for the foregoing dedication, City of Springfield shall provide Webb, transportation SDC credit for land dedicated outside a60 foot right of way at the rate of $24,000 per acre. . 5. Smeikal Responsibility A. JAMES A. SMEJKAL hereby agrees to dedicate to Lane County right of way for road and utility purposes as generally depicted in location on Exhibit AA. Said dedication document shall be executed upon request from and at no cost to Lane County. In consideration therefore, City of Springfield shall provide Smejkal transportation SDC credit for all property dedicated in excess of 60 foot right of way at the rate of $24,000 per acre. 6. City of 5prinafield Responsibilities A. The right of way for Jasper Road Extension shall be as generally depicted in location on Exhibit AA. See Exhibit AA attached hereto and incorporated herein by reference. B. Provide coordination and assistance to Lane County in carrying out its responsibilities under Paragraph 7. C. Work with County to assure construction of Jasper Road Extension. PRE.SUBMITTAL REC'O DEe 9 2010 Agreement for Construction of Public Improvement Jasper Road - 6 .. . :-ol. .;'''-"",.,. . . FINAL D. Provide Transportation SDC credit of $24,000 per acre for all right of way' required to be dedicated which is in excess of 60 feet width, as specified in paragraph 1B, 2B, 3B, 4B, and SA. These SDC credits shall run with the land, not the property owner. E. Coordinate with each property owner who is a party to this agreement a vehicle access plan of a future local and collector street layout which will provide access to . Jasper Road Extension via an intersection to be constructed as part of project. At a minimum, access to the extension will include two intersections, as generally depicted on Exhibit AA, between its intersection with Mount Vernon Road and its intersection with Jasper Road. F. Upon dedication of the right of way described in 1 A to Lane County acquire the real property more particularly described and set forth in Exhibit A-l depicted as . Parcels A, B, C and D from MILLAND PROPERTIES UMITED PARTNERSHIP on the terms and conditions specified in Section 1 C, and provide to MILlAND PROPERTIES UMITED PARTNERSHIP access from the southerly intersection ofthe extension to its real property described in Exhibit A following the transfer of the real property described in Exhibit A-l to Lane County at grade and comparable to access provided to other parties hereto. G. Upon dedication to Lane County of the right-of-way described in Paragraph 2A, , the property described on Exhibit "B" to this Construction Agreement, Lane County will pay McDougal $75,000.00 and Springfield will pay McDougal $375,000.00 which McDougal will accept as total compensation for damages for the loss or relocation of the railroad spur at its current location on McDougal properties and shall hold Lane County and the City of Springfield harmless from any and all claims. Should the relocation of railroad spur require a new switch on the UP main line, the City shall compensate MCDOUGAL actual costs up to a maximum of an additional $47,900 recognizing the higher costs for turnout construction relocation and inflation of construction costs and design as depicted in April 11, 2003 estimates provided to CITY by MCDOUGAL. . 7. County ResDonsibilities A. Pay McDougal Brothers Investments a sum of $75,000 as total compensation for damages,if any, due to the loss of the railroad spur at its current location. B. Construct a permanent approach road intersection and temporary re-routing of Brand S Road (a private road) as generally depicted on EXhibit AA. C. Acquisition and development of all wetlands mitigation and conservation easement site(s) for the Jasper Road Extension to the extent reasonably practical. It is understood that all wetlands mitigation shall be consistent with requirements imposed by the Division of State Lands and the Army Corps of Engi~ee,r:sS . rRt- UBMIITAL REC'O Agreement for Construction of Public Improvement Jasper Road - 7 DEe .9 2010 ,~- - . ~..-,,;'., .-,"-:";':'S' -,-, . . ANAL D. Work with the City to assure commencement of construction of Phase Iof the Jasper Road Extension, no later than December 31, 2007. E. Provide funding and staffing for preparation of construction plans and specifications, acquisition of other necessary real property interests, and administration of construction of a two lane roadway facility. . . F. In further consideration for the dedication of all right of way as specified in Paragraph lB, 2B, 3B, 4B and SA, County agrees that no property owner who is a party to this agreement, or their heirs, successors and assigns will be assessed for the construction cost of the two lane roadway facility. G. Upon dedication to Lilne County of the right-of-way described in Paragraph 2A, the property described on Exhibit "B" to this Construction Agreement, Lane County will pay McDougal $75,000.00 and Springfield will pay McDougal $375,000.00 which McDougal will accept as total compensation for damages for the loss or relocation of the railroad spur at its current location on McDougal properties and shall hold Lane County and- the City of Springfield harmless from any and all claims. Should the relocation of railroad spur require a new switch on the UP main line, the City shall compensate MCDOUGAL actual costs up to a maximum of an additional $47,900 recognizing the higher costs for turnout construction relocation and inflation of construction costs and design as depicted in April 11, 2003 estimates provided to CTIY by MCDOUGAL. 8. General Reauirements A. RUN WITH THE LAND/PERPETUAL. It is the intent of the parties that the considerations set forth herein are not personal but shall touch and concern the land more particularly described and set forth in Exhibits A, B, C, D, and E are perpetual and reciprocal, and shall run with the land and shall be binding upon the respective heirs, successors, and assigns of each of the parties hereto. - B. NO WAIVER. Nothing herein sHould be construed as providing a waiver or release of any of the parties hereto from applicable requirements of the Springfield Municipal Code and the Springfield Development Code regarding any development application for which approval is sought for the properties more particularly described in Exhibits A, B, C, D, and E attached hereto and incorporated by reference, provided however, this agreement does provide the basis for the SDC credit and generally describes the location of the Jasper Road Extension 50 that the parties hereto know that location, and can plan for the development of their respective properties in accordance with that location. c. SEmON HEADINGS. The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, . or aid in the interpretation of the provisions of this agreement. Agreement for Construction of Public Improvement Jasper Road - 8 PRE.SUBMITTAL REC'D DEe 9 2010 . . FINAL D. EXEClfTTON BY COUNTERPARTS~ This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. E. WAIVER. It is the intent of the parties to this agreement to provide both short- term and long-range safe and adequate access and the provision of utilities sufficient to meet the traffic and utility needs generated by their respective pending and anticipated development proposals in the Natron Site. The parties acknowledge that it may be that the improvements provided by each respective party may not meet the requirements of the tests articulated in Dolan v. City of llgard. Nevertheless, each party to this agreement believes that this agreement reflects a decision which is in the best interests of that party and of all parties. Accordingly, each party to this . agreement hereby waives and releases any and all rights, causes of action and claims it may have under the principles of law established by Dolan v. City of Tigard with respect to this agreement, the dedication of the right of. way or the provision of any public improvements which are' required by the terms of this agreement. F. VACATION POTENTIAl. Parties agree that if at least two lanes of Jasper Road Extension as delineated on Exhibit AA attached hereto and incorporated herein are not actually constructed from Mount Vernon Road to Jasper Road by January 1, 2010 that for any portion of the property dedicated by the parties hereto which is outside the 50-foot in width right of way, the dedication for such outside right of way portion will expire and bevacatedupon written request of owner. G. TRANSFER TO CITY OF 50-FOOT RIGHT OF WAY. In the event that the County has not actually constructed two lanes of Jasper Road Extension as delineated on Exhibit AA attached hereto and incorporated herein by reference from Mount Vernon to Jasper Road by January 1, 2010, the County shall convey the property to such dedicated right of way to the City of Springfield. It is the intent of this conveyance that such right of way provide trans,portation access for development proposals . submitted to the City of Springfield regarding the property more particularly . described and set forth in Exhibits A, B, C, D, and E attached hereto and incorporated herein by reference. H. TERMINATION OF ENFORCEABILITY. Signed agreements by individuaLo~ne.rs shall be enforceable only if all the other named owners have also signed agreements. In any event all rights and obligation under this agreement shall be null and void if said agreement has not been accepted by City and County. In addition, County may terminate agreement(s) upon delivery of written notice to the other parties hereto if federal or state regulations or guidelines are modified, changed, or interpreted in such a way that County determines the project not to be feasible. 1. SEWER UNES. If any of the parties hereto desire to place sewer dry lines under the proposed Jasper Road Extension, the parties agree to coordinate with Lane County to assure the placement is not in conflict with the proposed road construction project. Owner(s) shall work with the City regarding determination of placement and Agreement for Construction of Public Improvement Jasper Road - 9 PRE.SUBMlTIAL REC'D DEe - 92010 . . . '. " ANAL cost of such sewer dry lines. Said agreement(s) between City and propertY owner(s) shall be completed at least four months prior to project bid advertisement. PenetratIon of the asphalt concrete roadway surface for the installation of sewer lines will not be permitted for a period of five years from date of project completion, . J. SITE STUDY. . It is understood that City and County may engage consultants or engineers of their choosing to conduct site studies on the proposed right of way, . City and County or their agents shall have the right to enter the property at reasonable times to make such tests, inspections, studies, and other Investigations as required by state and federal agencies for issuance of all necessary environmental permits for project. Failure to obtain all necessary environmental permits for project may terminate this agreement and in such event shall vacate any property donated' . or dedicated by any party pursuant to this Agreement. K. MERGER CLAUSE . This agreement and attached Exhibit(s) constitute the entire agreementbetweeh the parties. No waiver, consent, modification or change of terms otthis agreement shall bind either party unless .in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. L. HOLD HARMLESS. . '. . . To the extenta\l6wable by the Oregon Constitution and limitations ofthe Oregon' . Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in performance of this agreement. . Milland Properties, Limited Partnership . By LMG, LLC, a General Partner . By l..t-A...i.__i ll"~ L. M. Giustina, member - - James A. Smejkal Norm McDougal McDougal Brothers Investments Melvin McDougal McDougal Brothers Investments Hayden Watson Gordon Webb Agreement for Construction of Public Improvement Jasper Road - 10 PRE.SUBMITTAl REC'O DEe 9 2010 07/02/2003 03:05 541741. CITY OF SPRIN~D PAGE 11 ", FINAL cost of such sewer dry lines. Said agreement(s) between City and property owner(s) shall be completed at least four months prior to project bId advertisement. Penetration of the asphalt concrete roadway surface for the installation of sewer lines will not be permitted for a period of five years from date of project completion. J. SITE STUDY. It is understood that City and County may engage consultants or engineers of their choosing to conduct site studies on the proposed right of way. City and County or their agents shall have the right to enter the property at reasonable times to make such tests, Inspections, studies, and other Investigations as required by state and federal agencies for Issuance of all necessary environmental permits for project. Failure to obtain all necessary environmental permits for project may terminate this agreement and In such event shall vacate any property donated or dedicated by any party pursuant to this Agreement. K. MERGER ~LAUSE This agreement and attached Exhibit(s) constitute the entire agreement betvlIeen the parties. No waiver, consent, modlflcatlon Or change of terms of this agreement shall bind either party unless In writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not speCified herein regarding this agreement. L. HOLD HARMLESS To the extent allowable by the Oregon Constitution and limitations of the OregGn Tort Claims Act, each of the parties hereto agrees to Indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in performance of this agreement. By L M. Glustlna, member Mllland Properties, limited Partnership " By LMG, LLC, a General Partner Norm McDougal McDougal Brothers Investments Melvin f>1cDougal McDougal Brothers Investments Hayden Watson Gordon Webb Agreement for Construction of Public Improvement Jasper Road. 10 PRE.SUBMITTAl REC'D DEe 9"2010 . . '. FINAL cost of such sewer dry lines. Said agreement(s) between City and property owner(s) shall be completed at least four months prior to project bid advertisement. Penetration of the asphalt concrete'roadway surface for the installation of sewEr lines will not be permitted for a period of five years from date of project completion. J. SITE STUDY. It is understood that City and County may engage consultants or . engineers of their choosing to conduct site studies on the proposed right of way. .'. City and County or their agents shall h~lVe the right to enter the property at reasonable times to make such tests, inspections, studies, and other investigations as required by state and federal agencies for issuance of all necessary environmental . permits for project. Failure to obtain all necessary environmental permits for project may terminate this agreement and in such event shall vacate any property donated . or dedicated by any party pursuant to this Agreement. K. MERGER CLAUSE . This agreement and attached Exhibit(s) constitute the entire agreementbetweeh the. parties. No waiver, consent, modification or change of terms of.thisagreement shall . bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement L.HOLD HARMLESS . '. . .... .' ..' . To the extentall6wable by the Oregon Constitution and limitations of the Oregon' Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in performance of this agreement. Milland Properties, Limited Partnership . By LMG, LLC, a General Partner By L. M. Giustina, member . James A. Smejkal 4~a- #c}} e Norm McDougal McDougal Brothers Investments ~r~~ /~ /' M vin McDougal ~ McDougal Brothers Investments Hayden Watson Gordon Webb Agreement for Construction of Public Improvement Jasper Road - 10 PRE~SUBMlrrAl REC'O . . . DEe 9 2010 . . . . FINAL cost of such sewer dry lines. Said agreement(s) between City and property owner(s) shall be completed at least four months prior to project bid advertisement. Penetration of the asphalt concrete roadway surface for the installation of sewer lines will not be permitted for a period of five years from date of project completion. J. SITE STUDY. It is understood that City and County may engage consultants or engineers of their choosing to conduct site studies on the proposed right of way. City and County or their agents shall have the right to enter the property at reasonable times to make such tests, inspections, studies, and other investigations as required by state and federal agencies for issuance of all necessary environmental permits for project. Failure to obtain all necessary environmental permits for project may terminate this agreement and in such event shall vacate any property donated or dedicated by any party pursuant to this Agreement. K. MERGER CLAUSE This agreement and attached Exhibit(s) constitute the entire agreement between the parties. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. L. HOLD HARMLESS To the extent allowable by the Oregon Constitution and limitations of the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in performance of this agreement. . Milland Properties, Umited Partnership By LMG, LLC, a General Partner By L. M. Giustina, member James A. Smejkal Norm McDougal McDougal Brothers Investments Melvin McDougal McDougal Brothers Investments /~~~ I--\o.~'<.. '-J~&. Gordon Webb Agreement for Construction of Public Improvement Jasper Road - 10 PRE.SUBMITTAl RECIO DEe 9 2010 . . FINAL cost of such sewer dry lines. Said agreement(s) between City and propertY owner(s) shall be completed at least four months prior to project bid advertisement. - Penetration of the asphalt concrete roadway surface for the installation of sewer lines will not be permitted for a period oHive years from date of project completion. - J. SITE STUDY. It is understood that City and County may engage consultants or - engineers of their choosing to cond!Jctsite studies on the proposed right of way. - City and County or their agents shall h~lVe the right to enter the property at reasonable times to make such tests, inspections, studies, and other investigations as required by state and federal agencies for issuance of all necessary environmental permits for project. Failure to obtain all necessary environmental permits for project may terminate this agreement and in such event shall vacate any property donated -- or dedicated by any party pursuant to this Agreement. K. MERGER CLAUSE - - This agreement and attached Exhibit(s) constitute the entire agreement between the parties. No waiver, consent, modification,or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and I for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. - I I . ' l.HOLD HARMLESS To the extent allowable by the Oregon Constitution and limitations of the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in perforrral1ce of this agreement. MilIand properties, Umited Partnership _ By LMG, LLC, a General Partner .._-. ~.. By . L. M. Giustina, member . James A. Smejkal Hayden Watson ordon ebb Agreement for Construction of Public Improvement Jasper Road - 10 PRE.SUB~lrrAl REC'!) . DEC:": 9 2010 Norm McDougal McDougal Brothers Investments . . ANAL Crossroads Development LLC By: ~ p~< ty of Springfiel -A\0.~..~ . By: -" .. W~Q.d~a:k- b-{/~6~ Lane County '.-~ APf"RDV"D AS TO f-ORM Df-:lE t"- //-<77' lane county ~~f;iil . df.acE OF LE?-':;L .OUNSEL-: STATE OF OREGON ) )ss County of Lane County ) Personally appeared the above named L. M. Giustina, member of LMG, LLC, a General partner for Milland Properties and acknowledged the foregoing instrument to be a voluntary act and deed on this .2d day of ~ 20~.. . ..... - OFFICiAl SEAL ~/-\hM.. 0 @nAUJ.-Pe;.. .. . IlRISlINA L BlmLL 0 ry Public for Oregon .,' NOTARY PUBUC-OREGON . - '. . i COMMISSION NO. 344016 My CommiSSion ExPlres.~.J~ ~ M'f COMMISSION EXPIRES AffiIl2lI. 2005 . STATE OF OREGON ) . ) ss County of Lane County ) . Persona)ly appeared the above named Norman McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregoing instrument to be a voluntary act and deed on this _day of .20_. . Notary Public for Oregon .My Commission Expires: ..--,.-" PRE-SUBMITTAL REC'O DEe 92010 Agreement for Construction of Public Improvement Jasper Road - 11 . . FINAL Crossroads Development LLC By: By: City of Springfield Lane County STATE OF OREGON ) )ss County of Lane County ) Personally appeared the above named L. M. Giustina, member of LMG, LLC, a General partner for Milland Properties and acknowledged the foregoing instrument to be a voluntary act and deed on this _ day of . . 20_, . Notary Public for Oregon My Commission Expires: STATE OF OREGON ). )55 County of Lane County ) Personally appeared the above named Norman McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregoing instrument to be a voluntary act and deed on thisU day of Po . 20o~, ~ ~~ "~.' . OFACIALSEAL Nota~for Oregon - \! N~~~~~~~~~~NMY Commission Expires: ~/J'5[oS . '. ....... COMMISSION NO. 345780 MY COMMSSION EXFIRES WAY 13. 2005 PRE-SUBMITTAL REC'O . DEe 9 2010 Agreement for Construction of Public Improvement Jasper Road - 11 . . ANAL STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named Melvin McDougal; a General partner for . McDougal Brothers Investments and acknowledged the foregoing Instrument to be a . voluntary act and deed on this~ day of h- . .' . 2~o.!i. .... '. .:o~ OFFICiAl SEAL . '-:zd=~' (I), MAGGIE l\IRHER . ,I NOHoW PUBUC-DREGON Nota bhc for Oregon. . . \. // COMMISSION NO. 3457BP""" My Commission Expires: s/t 3/0.5 Mf COMMISSION EXPIRES MAY 13, ""'" STATE OF OREGON ) ) ss County of Lane County ) . Personally appeared the above named James A. Smejkal and acknowledged the foregoing instrument to be a voluntary act and deed on this _ day of .20_. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) -, ) ss County of Lane County) Personally appeared the above named Hayden Watson, authorized officer of Crossroads Development LLC, and acknowledged the foregoing instrument to be a "oluntary act and deed on this _ day of .'20_. Notary Public for Oregon My Commission Expires: PRE.SUBMITIAL REC'O Agreement for Construction of Public Improvement Jasper Road - 12DEC 9,2010 e.7(tl2/2eH!l3 63:05 541741. CITY OF sPRIN~D PAGE 13 FINAL STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named Melvin McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregoing instrument to be a voluntary act and deed on this _ day of , 20_. Notary PubliC for Oregon My Commission Expires: STATE OF OREGON ) ) ss County of Lane County ) . Personally appeared the above named James A. Smejkal and acknowledged the foregoing Instrument to be a voluntary act and deed on this A- day of ~~ ,2002, . OFFICIAL SEAL DEBBIE BEBEREIA ;: NOTARYPOBUC.OREGOH \.../ COMMISSION NO. 350732 . ..' MYCOMMIS5IlINEXl'IllESOCT08Illlo.ms Du')~ ~~ Notary Public for Oregon My Commission Expires: I 0110105 STATE OF OREGON ) ) 55 County of Lane County ) Personally appeared the above named Hayden Watson, authorized officer of Crossroads Development LLC, and aCknowledged the foregoing instrument to be a voluntary act and deed on this _ day of . 20_, Notary Public for Oregon My Commission Expires: Agreement for Construction of Public Improvement Jasper Road - 12 PRE-SUBMllTAL REC'O DEe 92010 . . FINAL STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named' Melvin McDougal, a General partner for McDougal Brothers Investments and acknowledged the foregoing instrument to be a voluntary act and deed on this _ day of . 20_. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named James A. Smejkal and acknowledged the foregoing instrument to be a voluntary act and deed on this _ day of .20_. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) j)e:sc!v<fe5 ) ss County of hMe County ) t....\DS "- '-I~"-o.'\.......,~ Personally appeared the above named W.l':dtm '.~eA, au orized officer of Crossroads Development LLC, and acknowledged the foregoing instrument to be a voluntary act and deed on this 2- day of ~ . 20D3. ~ fc fJ~ Notary ubi c for Oregon My Commission Expires: ~ I) :JM? . OFFICIAL SEAL '. BETTY J POWELL I. C i NOTARY PUBliC - OREGON ...../ COMMISSION NO. 369199 MY COMMISSION EXPIRES JUN. 1,2007 Agreement for Construction of Public Improvement Jasper Road - 12 PRE.SUBMITTAl REC'O DEe, 9 2010 . . FINAL ~ ) ) ss County of Lan~ County) .. ,.. .. Personally appeared the above named ~ ~ as .. .. . fV\.ov'^~v .Maor City of Springfj and ackilowleag d the fO~Oi1 . instrument to be his/her voluntary act and deed on this rday of iII1r. ..' 20~ . . ..-:- . 0u,h.e., ~,uU~ Notary Public for Oregon. . . . My Commission Expires: ~~. . . OFFICIAL SEAL JULIE M WILSON " i NOTARY PUBLIC. OREGON ..... ....' COMMISSION NO. 348848 .. ' . NY COMMISSION,EXPIIIES AIlS. 13. IDO! STATE OF OREGON STATE OF OREGON ) ) ss County of Lane County ) Personally appeared the above named CAul ~J 'as '.. .. ..' (j,lAA) '. 41fJ,a,<....<..N-<Aor Lane County and ac~()wledged t~foregoinginstrUn1ent to be his/her voluntary act and deed on this ~ .!i:lay of ~. 20t!f. 'Ls~ II Notary Public for Orego . My Commission Expires: . OFFICIAL SEAL '.' j MELISSA A ZIMMER ',./ NOTARY PUBLIC-OREGON COMMISSION NO MY COMMISSION EXPIRES JUNE 3.58131 .,2008 Agreement for Construction of Public Improvement Jasper Road - 13 PRE-SUBMITTAL REC'O DEe 9 2010 . . FINAL STATE OF OREGON ) ) ss County of Lane County ) . Personally appeared the above named .. . .. . as.. . . . . for City of Springfield arid acknowledged the foregoing instrument to be his/her voluntary act and deed on this ~ day of 20_> Notary Public for Oregon My Commission. Expires: STATE OF OREGON ) ) ss County of Lane County ) ...personallyappeared the above named ... .... .. . .... .as . . . .... .. . . . . .. for Lane County and acknowledged the foregoing instrument to be his/her voluntary act and deed on this _ day of . 20_. Notary Public for Oregon My Commission Expires: STATE OF OREGON County of La. ~ ) ) ss ) Perso~all~ appeared the above named Gordon Webb and ack'lowledged the fore 01 Instrument to be a voluntary act and deed on this =z:::aay of _ , 2003. \ ) . ~~f, G'14 . IAREN E O'KEEFE Notary Public for Oregon . . IOT::EGOlt My Commission Expires:'f-::2-7-o5 "'. ..' COMMISSION NO. 349138 III'lIQIAIISSOI EXI'IRf$ 58'1IMBBl zr,llI05 :':.- . . -,'-" PRE-SUBMITTAL REC'O . . DEe 9 2010 Agreement for Construction of Public Improvement Jasper Road - 13 .'.'-~'''-> -. - . . . . EXHIBIT "A" Milland Properties, Limited Partnership . 18-02-10 TL 200 Beginning at an iron pipe (Brass Cap) marking the Northwest comer of the J. LOONEY DONATION LAND CLAiM NO. 39 in Township 18 South, Range 2 West of the Willamette Meridian and thence East 734.20 feet to the True Point of Beginning; thence East 591.22 feet; thence South 246.12 feet; thence South 820 16' 30" West 303.54 feet; thence South 690 21' 15" West 784.55 feet; thence North 300 45' 39" West 352.93 feet; thence South 570 39' 45" West 200.00 feet to the Easterly Right of Way Line of the Southern Pacific Railroad; thence North 320 44' 30" West 81.77 feet along the Easterly Right of Way Line ofthe.Souihem Pacific Railroad; thence North 330 09' West 1494.59 feet along the Easterly Right of Way Line of the Soothern Pacific Railroad; thence North 560 04' 30" East 569.77 feet; thence North 640 09' 30" East 205.20 feet; tf1ence South 15036' 30" East 461.70 feet; thence North 74018' 30" East 766.90 feet; thence South 6050' 30" East 1131.10 feet to the True Point of Beginning, in Lane County, Oregon. Page 1 of 5 DESCRIPTION OF ENTIRE PARCEL 1216-07 Jasper Road Extension - rr/jes - 6/26/2003 18-02-10 200 PRE.SUBMllTAL REC'D DEe 9 2010 . . EXHIBIT "B" McDougal Bros. Investments 18-02-IOTL 900' Beginning at an iron pipe marking the Northwest comer oflhe J. Looney Donation Land Claim No. 39, in Township 18 South, Range 2 West of the Willamene Meridian; thence East 1325.42 feet along a fence line marking the North line of said Donation Land Claim No. 39 to a point marked by an iron pin and being designated as point "A" on the "Survey for Gordon Tripp" prepared by Follett & Ford, bearing the date June 1954, and bearing job number 194.1, said point being the true point of beginning; thence SO)lth 246.12 feet to an iron pin set in an existing fence line; thence South 820 16 y,' West 303.54 feet along said fence line to a point marked by an iron pin, said point being designated "B" on said sun'ey; thence South 690 21 \4' West 734.55 feet to a point designated as point "C" on said survey; thence South 690 21 W West 50 feet to the Southern Pacific Railroad right of way pin, said point being designated "D" on said survey; thence South 580 57' West 170.48 feet along the existing So,\thern Pacific Railroad right of way fence line to an iron pin set in corner thereof, said point being designated "En on said survey; thence Southeasterly al6ng a line concentric ',' with and 80 feet distant from the center line of the Southern Pacific Railroad as originally surveyed and ' following along said fence to a point, said point being designated "Fn on said survey, marked by an iron pin which bears South 270 07 y,' East 367.70 feet from the last described point; thence following along a series of lines, (the angle point of which are marked by iron pins) each of which is 15 feet Northerly from the center line, of an existing roadway, the following courses and distances: South 640 52 y,' East 52.55 feet; thence South 560 31' ,East 59.54 feet; thence South. 61000' East n.68feet; thence South 770 43 Y>' East 69.14 feet; thence North 82024'%' East 52.54 feet; thence North 590 57%' East 75.20 feet; thence North 610 38 WEast 97..43 feet;, thence South 890 36 y,' East1310.74 feet along an eXisting fence line to an iron pin set in the comer thereof; thence North 0021 y,' East 1001.94 feet along an existing property line fence to an iron pin set in the corner thereof; thence West 734.69 feet along the old fence marking the North line of said Donation Land Claim No. 39 to the true point of beginning, in Lane County, Oregon. PRE-SUBMITTAL RECIO DEe 9 2010 Page 2 of 5 1216-06 DESCRIPTION OF ENTIRE PARCEL Jasper Road Extension - rr/jes - 6/2612003 18-02-10 900 . . . . EXHIBIT "C" Crossroads Development Inc. 18-02-03 TL507 . Parcell, Land Partition Plat No. 99-P1279, as platted and recorded in Lane County Partition Records in Lane County, Oregon. EXCEPTING THEREFROM: the Plat of JASPER MEADOWS, a Replat of a portion of Parcel 1 ofLand Partition Number 99-PI279, County Survey Filing Number 37396. . ALSO, EXCEPTING THEREFROM: the Plat of JASPER MEADOWS, FIRST ADDITION, a Replat of a portion of Parcel I of Land Partition Number 99-PI279, County Survey Filing Number 37786. Page 3 of 5 1216-10 DESCRIPTION OF ENTIRE PARCEL Jasper Road Extension - rr/jes - 6/26/2003 18-02-03 TL 507 PRE-SUBMITTAL REC'O . DEe 9 2010 . ._..-.... . . . , EXHIBIT "D" Gordon Webb 18-02-10 TL Hio 18-02-09 TL 100 All of the following lying East of County Road No. 266: The South half of the Southwest quarter of Section 2; the Southeast quarter of the Southeast quarter of Section . . 3; Lot 1 in Section 11; Lot 7 in Section 10. . ALSO: Commencing at the Northeast comer of John C. Looney Donation Land Claim No. 39, in Section I I, running thence North 890 41' West 47.78 chains; thence West to a point North of the Northwest comer of Lot 4, in Section 9; thence South to the Northwest comer of said Lot 4, thence East 97.78 chains; thence North 10.70 chains, more or less to the place of beginning, all in Township 18 South, Range 2 West of the WilIamette Meridian, in Lane County, Oregon. ALSO: Lot 6 in Section 10; Lots 2,3 and 4 in Section 9; and commencing 1O.70'chainsNorth of the Easterly Southeast comer of the John Smith Donation Land Claim No. 48, in Section 10 and running thence North 27.05 chains; thence West to the west line of said claim; thence South on the West line of said claim;to a point West of the place of beginning, thence East to the place of beginning. ALSO: Beginning on the West line of said Donation Land Glaim 1\0. 48, at the Northeast comer of Lot 9, in Section 9; running thence South 20 chains; thence East to the East line of the ell of said Donation Land Claim No. 48; thence North 20 chains; thence West to the place of beginning, all in Township 18 South, Range 2 West of the Willamette Meridian,m. Lane County, Oregori. .' . '. .... . . . . '. . EXCEPT: From the above described property that certain tract conveyed to'Orogonian Railroad Company by' deed recorded August 27, 1890, at page 163 of Volume 25, Lane County Oregon Deed Records. EXCEPT: That certain tract conveyed to the Oregon and California Railroad Company by deed recorded March 27,1891 at page 55 of Volume 29, Lane County, Oregon. EXCEPT: The following described premises, to-wit: Beginning at a point on the West line of the John Smith Donation Land Claim No. 48, in Township 18 South, Range 2 West of the WiJlamette Meridian, 37.25 chains South of the Northwest comer of said claim, and running thence South along the West line of the claim, 29.18 chains, more or less, to a point 30 feet South of the Northeast comer of Lot 9 of Section 9 of same Township; thence East 30 feet; thence North 29.18 chains, more or less, to a point due East of the point of beginning, thence west 30 feet to the place of beginning all in Lane County, Oregon. EXCEPT: That certain tract ofland conveyed to Mt. June Forest Products Co. by deed recorded April 12, 1947, in Book 345, Page 539, Lane County Oregon Deed Records. EXCEPT: That certain tract ofland conveyed to WeyerhaeuserTimber Company, a Washington corporation, and the Booth- Kelly Lumber Company, an Oregon corporation, recorded July 22, 1947, in Bool(352, Page' 234, Lane County Oregon Deed Records. EXCEPT: That portion described in deed to Southem Pacific Company, recorded May 18, 1954, Reception No. 29826, Lane County Oregon Records. Page 4 of 5 1216-08 1216,09 DESCRIPTION OF ENTIRE PARCEL Jasper Road Extension - rr/jes - 6/26/2003 18-02-09 100, 18-02-10 100 PRE.SUBMITTAl REC'O DEe 9 2010 . . " EXHIBIT "E" James A. Smejkal 18-02- 10 TL 1301 All that part of a strip ofland 70 feet in width abutting the Easterly right of way line of the Southern Pacific Railroad that lies within the boundaries of the following: Beginning at a point in the South line of the John C. Looney and wife Donation Land Claim No. 39, Notification No. 7423, in Township 18 South, Range 2 West of the Willamette Meridian, 9.31 chains East of the Southwest comer thereof; and running thence East 9.29 chains; thence North 18.87 chains; thence West 7.09 chains; thence Southwesterly for about 5 chains and thence' . . Northwesterly about 7 chains following the North line of a 30 foot roadway to the Northeast comer of the land conveyed by Mary F. Smith to David Allison and Mary F. Allison on August 17, 1922 by deed recorded on Page 557 of Volume 132, Lane County Oregon Deed Records; thence South 25047' East 4.60 chains; thence South 360 53' East 3.43 chains and thence South 180 55' East 12.67 chains to the place of beginning, in Lane County, Oregon. . PRE-5UBMIlTAl REC'O DEe 9 2010 Page 5 of 5 1216~15 DESCRIPTION OF ENTIRE PARCEL Jasper Road Extension - rr/jes - 6/2612003 18-02-10 1301 r . " ~ " o ~ 0. t; !~ {' ~ F! i''' ~~ ~" r~ H. t_ f~~ f: U t ~a EXHIBIT AA Page 1 JASPER ROAD EXTENSION PROJECT OVERVIEW MAP llo:t I'IlC).(CIoO. _100. . IN<. 20Gl U'H_I t.I_lt'U . ~; U I' l~ \ ~ ~ " a :t :;- i [ . h ~; t~ i" , . I I , : : ~ , ,!i I I ~ : : i . (~ I' , ~ ~ [ /'.... ~ !; H ~ .. l; " l>~ U ""-:S'""", 1. t, Ii ~~ I' " ,- i~ l; I; i .. ~ " .. .. ~: . " )o~ , r. . . t, {. 15 f l- t ~ -, 'i i I t, ,~ .. t: .~ I; .~ i: ,- . 'n u .11 . H i: i: /' /r!; H k .~ .3? r~ {; {~ '; e~"iI' ',. l ~~ . ..;,?' k p"../' PR -SUBMITTAL REe' .', DEe 9 2010 - .... LANE COUNTY IlEPARTlIElIT OF PIlBUC WORl<S CNG.NCCn'ING DIVISION ~,~ '" ........~-- _......~ _..-.~. -- """'" ~, I' . . ," , . -" ,.' ;~ \. :~!.,~-. .:.1..,. \,:} .~;~2) ",(."', , , . "1) t!~,':, ., ,.c. '/#.' .~ -~. 1:"iC\ . ' :;l~ !;:'~~, ~~ (:~~1i (5 .. fP o <> Igl .0 @ (I:) ~. o . 0 86' :~ . . ~ .- .mUJ'}"tJ. ,~". iU if: l U I' . i )( ~ \ ~ I E \ \ ' \ ,,' ' ~-~:: ."..---. ~~ iH ii: i'~ / --- o o:J').-,rJ' ,r..-_.-~ .~ o ',!iii' \ \ \ j, ~i ; ~:Yl\'~ ' L ~ q-, .U C'-\ H t' " II \ \ ~ h._:'~:::_~-_~:=-_-" "l1i: i;~* '\' ,~ i" !l t' F ,.. ." . :'iii '0 '" '" m ~ ~ ~. = ~ z ~ ,.. H g >J t>:l ~ ~ -< ~ . ~ I SUBMITTAL REC'O ~ '1:l ~ DEe 9.2010 po QQ 0 z (l) I N -'l ~ , . " , , '. . ..~,.. .. . . A -- 4.67 Acres B -- 2.36 Acres C --1.71 Acres D -- 4.28 Acres I' 400 FeetPRE..TIAl RfC'i) DEe. 9 2010 o 200 ~J..