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<br />DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS <br /> <br />This Declaration of Covenants, Conditions and Restrictions (this "Declaration") is <br />made and entered into as of this 12. t~ day of '\rlh,.IJf- ,2008, by Santa Clara <br />Properties, LLC, an Oregon limited liability company (the "Declarant"). <br /> <br />RECITALS: <br /> <br />A. Declarant is the owner of that certain parcel of property in Lane County and more <br />fully described on the attached Exhibit A, incorporated herein by reference (the <br />"Property'} <br /> <br />B. Declarant submitted to the City of Eugene an application to amend the Metro Plan <br />Land Use Diagram, the River Road-Santa Clara Urban Facilities Plan Land Use <br />Diagram and Text, and the Eugene Zoning Maps (collectively, the "Plans"). <br /> <br />C. As described in Ordinance No. 20407 (the "Ordinance"), upon conclusion of <br />deliberations on November 19,2007, the Eugene Planning Commission <br />recommended conditional approval of the application and forwarded its <br />recommendation to the City Council of the City of Eugene (the "Council") to <br />amend the Plans as requested by Declarant. <br /> <br />D. As described ih the Ordinance, the Council approved the amendments to the Plans <br />subject to the condition that Declarant record the covenant described herein. <br /> <br />NOW THEREFORE, Declarant hereby declares that all of the Property is and shall be <br />held, sold, or conveyed subject to the covenant in this Declaration, which shall run with <br />the land, and shall be binding on all persons having any right, title or interest in the <br />Property or any part thereof, and on such person's heirs, successors and assigns, and shall <br />inure to the benefit of all such persons and to the City of Eugene. <br /> <br />COVENANT: <br /> <br />Declarant covenants as follows: <br /> <br />Any future development approval for the Property or any part thereof shall <br />require, prior to development, full and complete construction of an additional <br />westbound approach lane on Hunsaker Lane and an additional westbound <br />approach lane on Green Lane. <br /> <br />The foregoing Covenant is for the benefit of and enforceable by suit for injunctive <br />relief or for damage or through the withholding of approvals of Land Use and <br /> <br />After recording return to: <br /> <br />James W. Spickerman <br />Gleaves Swearingen Potter & Scott LLP <br />975 Oak Street) Suite 800 <br />Eugene) Oregon 97401 <br /> <br />Division of Chief Deputy Clerk ~~~8.nA~11~ <br />Lane County D..ds and Records LUU U~L ~ <br /> <br />111111111111111111111111111111111111111 1111111111 $46 · 00 <br />01013569200800421750050054 <br />07/21/2008 11:33:23 ~M <br />RPR-REST Cnl=l Sln=15 CASHIER 06 <br />~2~.OO ~10.00 *11.00 <br />