HomeMy WebLinkAboutAgreement APPLICANT 6/28/2013 • • •
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• PERMIT AND AGREEMENT
• THIS PERMIT AND AGREEMENT, made and entered into this 13 day of fY%e.4 , 2013, by and
between the Eugene Water and Electric Board, hereinafter'referred to as EWEB and Br Wiechert
Custom Homes Inc. "J•
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WHEREAS, EWEB is the Seller and Bruce Wiechert Custom Homes Inc. is the Purchaser regarding
the attached sale agreement dated April 18, 2013
WHEREAS, EWES agrees herewith to grant an INGRESS, EGRESS and UTILITY EASEMENT -
to the City of Springfield at such time as the final plat for the subject property is ready and the city
can accept the document. A draft of the document is attached hereto as INGRESS, EGRESS and
UTILITY EASEMENT, EXHIBIT A and EXHIBIT B.
NOW, THEREFORE, IT IS AGREED by the parties as follows:
1. All costs regarding document preparation, recording,city fees, required planning actions,
engineering and permitting shall be the responsibility of the Purchaser.
2. EWEB shall execute such documents and/or agree to make changes in wording to the attached
INGRESS, EGRESS and UTILITYEASEMENT, EXHIBIT A and EXHIBIT B,which may be
required by the City of Springfield in order to give full effect to same.
3. EWEB shall not be required to transfer any rights beyond those rights as described in the draft
documents attached herewith as INGRESS, EGRESS and UTILITY EASEMENT, EXHIBIT A and
EXHIBIT B. •
4. In the event that this transaction fails to close this agreement shall be null and void.
TO HAVE AND TO HOLD the same unto the parties, their successors and assigns forever: and the
provisions of this Agreement shall inure to the benefit of and be binding upon the heirs, executors,
administrators,successors and assigns of the respective parties hereto,
IN WITNESS WHEREOF, the parties have hereunto signed this agreement.
BRUCE ERT cus -OM HOMES, INC.
By• C,{yJ/(,� cJ
DERRICK WESTOVER, AUTHORIZED AGENT
STATE OF OREGON )
COUNTY OF LANE )
On this 13 day of to &kJ , 2013. before me personally appeared the
within named DERRICK WESTOVER* .of Bruce Wiechert Custom Home known to me
to be the identical individuals described herein and who executed the within instrument
freely and voluntarily. *authorized agent
set
l „) COMMISSION N463793 Air• wc w swabu,a m
,t018
• Notary Public-Oregon
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Steve Newcomb p�f
DateRec lved: 10.x.-....-,-....,..
STATE OF OREGON Planner:
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CI ry Fart NO,
APPROVIII)ANO AC'CEPIti)By ctn.'t)r sPkl Ntilan.D,(atnGON
Deputy City Recorder Date •
INGRESS. EGRESS and UTILITY EASEMENT
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THIS INDENTURE WfINESSEFFI,'That the City of Eugene.acting by and through the EUGENE WATER Se
ELECTRIC BOARD.Grantor,does hereby grant unto the CITY OF SPRINGFIELD.a municipal corporation in Lane
County.Oregon.their successors and assigns,Grantee,a Non-Exclusive Ingress and Egress and Utility Easement
under.across and upon a portion of the real property described in that deed recorded in Book 363,Page 320,in Lane
County Oregon.Deeds and Records,
The easement area is as Shown on the attached Exhibit'.A'and is as described in
attached Exhibit'W.
It is understood that the granting of this easement is not.exclusive. Grantor expressly reserved the right to maintain,
improve and enlarge its litcilities.
Consideration for this conveyance is$0. As at further consideration for this easement,Grantee agrees to indemnify
and(told harmless EWER from any and all liability caused by its use or maintenance of the easement arca,
Grantee and its contractors,subcontractors.agents and employers Shull have the right to go upon said aesemenl area
fur the purpose of constructing and maintaining roadways and public utilities hereinafter refereed to as"Facilities'.
Said Facilities shall be so constructed.SO as to do no damage to said real property of the Grantor and those facilities
twooxt and maintained by Grantor: After any construction or mainbnarice of Grantee's Frieilities,Grantee shall
return the casement area to the condition that existed prior to the work.
Facilities of the Grantee shall be installed at Grantee's risk. Grantor shall nor be held accountable for damage to
hies installed and authorized by the grunting of this casement.
Grantee funher agrees to provide landscape maintenance of said cascnnen area ut no cost or expense to Grantor.
Grantee shall not allow said easement area to become unsightly or a public nuisance. No building shall be placed
within the easement area.
By signing as pateided for below,the undersigned aflirra that they understand and are in ainrmcnI with all of the
conditions contained within this easement and agreement.
STATE OF OREGON
COUNTY OF LANE } SS
On this day or 2t108,hektrc Inc.personal ly'appeared
who being duly sworn.did say that he is the.General Manager of Eugene Water S Electric Board and that said instrument was
• • signed on behalf of the Eugene Water&Electric Board and acknowledged said instrument to be the free act and deed of the
Eugene Water S Electric Board.
IN TESTIMONY WIIEREOF,I have hereunto set try hand and
affixed my official seal the day and year last above written.
Notary Public for Oregon
My Commission Expires:
AFTER RECORDING RETURN TO:
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Eugene'Mate,&Electric Bowe
PO tea Rona
Eugene.OR 97440.1248
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EXHIBIT `A'
A tract of land in the Northeast 114 of Section 26, Township 17 South, Range 3 West, of the
Willamette Meridian, Springfield,Lane County, Oregon,and being a part of that certain tract
described and recorded in Book 363, Page 320, Lane County Oregon Deed Records, and being
more particularly described as follows:
Beginning at a point on the southerly extension of the 9°Street boundary of FOURTH
ADDITION TO BEAU-MONT SUBDIVISION as platted and recorded in.Book 67,Page 8,
Lane County Oregon Plat Records, said point being North 1,542.25 feet and East 795.34 feet
from the Southwest corner of the WM, C. Spencer DLC 4450 in Township 17 South,Range 3
West of the Willamette Meridian, said point also being on the westerly right-of-way of 9°`Street,
said right-of-way being 30.00 feet from when measured'at right angles to, the centerline of said
92'Street; thence North 79°45'49" East'60.97 fret to a point on the easterly right-of-way of said
9°x Street, said point being 30.00 feet from,when measured at right angles to, the centerline of
said 96 Street; thence South 0°01'16"East 60.97 feet;thence following along a line parallel with
and 60.00 feet offset from the southerly boundary of said FOURTH ADDITION TO BEAU-
MONT SUBDIVISION, South 79°45'49" West 60.97 feet thence North 0°01'16" West 60.97
feet to the point of beginning containing 3,658 square feet, more or less, all within said Section
26, Springfield, Lane County, Oregon.
Together with a 7.00 foot wide Public Utility Easement adjacent to the east and west sides of the
above described tract.
it" ECIt7rCREO
PROF E$SIONAL
LAND, SURVEYOR
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