HomeMy WebLinkAboutEasement APPLICANT 7/8/2013 • •
AFTER RECORDING RETURN 70:
0 CASCADE 11TLE COMPANY
311 WILLAMt I I t St.,EUGENE,OR 97401
rro xl'i 9G 7
T'e3 - o 8355
Lane County Clerk 2013-036803
When recorded, return to: Lane County Deeds and Records
Weyerhaeuser NR Company
Land Bole_ 1F23 IEll I 11 I 111111111 IIII I 11111 I I X92.00
P.. O.O. Box 9777 77
Federal Way WA 98063-9777 01379371201300368030070079
07I05/2013 10;27:07 AM
Map/Tax Lot No. 1802030000600 RPR-ESMT Cnt=1 Stn=41 CRSHIER 02
No change to Tax Statements $35.00 $20.00 $10.00 $11.00 $16.00
EASEMENT
THIS EASEMENT is entered into this / ' day of July, 2013, by
WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY, a Washington
corporation, whose address is PH-2, PO Box 9777, Federal Way, Washington 98063-9777,
herein called "WREDCo," to WEYERHAEUSER NR COMPANY, a Washington corporation,
whose address isn PO Box 9777, Federal Way, Washington 98063-9777, herein called "Grantee,"
WITNESSETH:
•
I.
WREDCo, for and in consideration of the faithful observance and strict performance of
the terms and conditions hereof, hereby grants to Grantee, its successors and assigns, a perpetual,
non-exclusive easement, for an existing pump house as constructed and installed on a 15.00 foot
x 20.00 foot tract of land, together with extra widths for vaults and appurtenances, located on and
under a WREDCo's strip of land in the John Smith Donation Land Claim No. 48, Township 18
South, Range 2 West of the Willamette Meridian in Lane County, Oregon (herein the
"Easement"), said Easement being located as described on Exhibit A and shown on Exhibit B,
being attached hereto and made a part hereof.
II.
The parties hereto hereby agree that the rights hereinabove granted shall be subject to the
following terms and conditions:
1. Purpose: - This Easement is granted for the purpose of installing, laying,
constructing, maintaining, inspecting, repairing, removing, replacing, using, testing and operating
Page I of 7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
T2013-265ad—Thurston Hills 8/3n/3
Date Received: 7/
Planner: AL
• •
an existing pump house and related facilities and appurtenances (herein the "Pump House"),
serving Grantee's adjacent property, located in the Jolm Smith Donation Land Claim No. 48,
Township 18 South, Range 2 West of the Willamette Meridian in Lane County, Oregon (the
"Benefitted Property").
2. Crossing of Lands - WREDCo reserves the right to cross and re-cross said
Easement on grade or otherwise, by any means for any purpose, and further reserves the right to
use the lands occupied by the Pump House in a manner that will not unreasonably interfere with
the rights granted Grantee hereunder.
3. Third Parties
3.1. WREDCo may grant to third parties, upon such terms as it chooses, any or
all of the rights reserved by it herein; provided, that use by such party shall be subject to the
terms and conditions of this Easement and shall not unreasonably interfere with the rights
granted Grantee hereunder.
3.2. Grantee shall not have the right to grant the use of said Easement to any
third party, partnership, cooperative, association or corporation for any purpose, but, to the
contrary, the use of said Easement by a third party other than Grantee, its successors and assigns
shall require a separate grant of rights by WREDCo.
4. Release of Claims/Liability - Grantee expressly releases WREDCo from any and
all claims for damage to the Pump House pursuant to the rights granted herein arising from any
operation of WREDCo on its said lands; provided, that in the conduct of any such operation,
WREDCo shall use reasonable care to avoid causing such damage, it being expressly understood
that this provision does not release WREDCo from any claim for damages caused by its
negligence. WREDCo does not assume any liability for damages or injuries caused by or
resulting from acts or omissions by other than WREDCo employees.
5. Ingress and Egress — Grantee shall at all times have ingress to and egress from
said Pump House over and across WREDCo's land for the purposes of exercising all of the rights
herein granted.
6. Operating Standards:
6.1. Pump House — Installation and Maintenance: Grantee shall give
WREDCo notice 24 hours prior to commencing construction, re-construction, maintenance,
repair, replacement or removal of the Pump House within WREDCo's road right of way and shall
follow all directions from WREDCo regarding safety while said work is ongoing.
t Page 2 of 7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
T2013-265—Thurston Hills
Date Received: 11/30/3
Planner: AL
•
6.2. Repair of Damage — Immediately upon completion of the installation,
maintenance, repair, replacement or removal of said Pump House, Grantee shall, at its sole
expense, compact and patch said road, and shall repair any damage to said road, road surface,
drainage or other road facilities caused by the Grantee's activities, and shall leave said road in a
condition equal to, or better than, those existing at the time such installation, maintenance, repair,
replacement or removal commenced. At the end of the first three (3) months following
completion of said construction, re-construction, repair, maintenance, or removal of the Pump
House, Grantee shall inspect said Easement and shall immediately remedy any settling which
may have occurred thereupon to the satisfaction of WREDCo. Grantee shall promptly repair all
damage to fences on WREDCo's property resulting from Grantee's activities hereunder. Prior to
commencing any such activities that would necessitate temporary road closures, Grantee shall
contact WREDCo to schedule such activities and road closures so as to minimize any adverse
impact on WREDCo's operations.
7. Right-of Way-Timber - WREDCo reserves all timber now on or hereafter
growing within said right-of-way. In the event that the timber removed from the right of way is
merchantable timber, Grantee shall compensate WREDCo for the full current market price for
such timber.
8. Indemnification - Grantee will assume all risk of, and indemnify and hold
harmless, and at its expense defend WREDCo and its directors, officers, employees, contractors,
and agents from and against all claims, demands, judgments, assessments, damages, penalties,
fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims,
attorneys' fees, consultant fees, and expert fees (collectively "claims") arising from any act or
omission of Grantee under this Easement, except claims caused solely by Weyerhaeuser's
negligence. This includes, without limitation, any claims for injury to or death of persons;
damage to property; timber trespass; nuisance; mechanics' and materialmen's liens; workers'
compensation and unemployment taxes; fines and penalties; environmental damages, cleanups,
and corrective actions.
9. Grantee's Agents - Any independent contractor or subcontractor engaged by
Grantee to perform services relating to the rights held by Grantee shall, as between the parties
hereto, be deemed to be the agent of Grantee.
10. Termination - Grantee agrees that if said Pump House is no longer needed to
serve Grantee's lands, upon written request, WREDCo shall be furnished with a release in
recordable form evidencing termination of Grantee's rights to utilize such Easement.
11. Successors and Assigns - This Easement and all of the rights and obligations
hereunder shall inure to the benefit of and be binding upon the respective successors and assigns
of the parties hereto.
Page 3 of 7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
T2013-265—Thurston Hills
Date Received: 7/8/03
Planner: AL
12. Warranty of Title - Grantor does not wan-ant the title to the land traversed by
said road and shall have no liability of any kind or nature to Grantee in the event of failure of said
title.
13. Prior Rights - This grant and all rights hereunder are subject to all liens,
easements, servitudes, rights of way, oil, gas, and mineral leases, and all other grants or
reservations either of record or on the ground affecting this property.
IN WITNESS WHEREOF, the parties hereto have executed this Easement, as of the day
and year first above written. _
WEYERHAEUSER REAL ESTATE
51ATE DEVE 0 ' ENT I MPANY
r ' By: SrG'/L _
SEAL : I -'1"7"Da`;quilt
Title: Vice President
•i'.,,,, 4 .
' Gt�
By: ` /i ,
`vreggy
He.blethwaite
Title: Assistant Secretary
Accepted:
WEYERHAEUSER NR COMPANY
� // �j ‘ jgER N,P• .
By: ( /�/ : PRPORgr..00#3
Scott C. Olson =e: 6 F '•
Title: Vice President }: SEAL =
:W: SEAL :�A
zoos. ..."
sii.A/sillio .0
Page 4 of 7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
T2013-265—Thurston Hills
Date Received: 7/8/ 03
Planner: AL
• •
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this I.b& day of—?-240,/ , 2013, before me personally appeared Scott
Dahlquist and Peggy Hebblethwaite to 1tne known to be the Vice President and Assistant
Secretary, respectively, of Weyerhaeuser Real Estate Development Company, the corporation
that executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that they were authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and . es my official seal the
day and year first above written. .�
4
� tay ���' � / 1r:42- N T A , _ary °I N'- in
he St.to of ashington
; PUBLI' IvIyA'irint /�_ �►/ s
,
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of 2013, before me personally appeared Scott C.
Olson, to me known to be the Vice Pre�f Weyerhaeuser NR Company, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and a " -d my official seal the
day and year first above written.
„,nn,,,,,, '�
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M .,
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` Boa, ,,, ti i wn),' /4E07 allridir
v; NOTAR o . ' i Jr. • " •tie Sta e of ashington
PUB s .'oi �,' -``
''� nu����' Page5 of7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
12013-265-Thurston Hills
Date Received: 7/8/30/3
Planner: AL.
EXHIBIT A
Legal Description of Easement
LANE COUNTY,OREGON
Township 18 South,Ranee 2 West of the Willamette Meridian
A 15.00 foot x 20.00 foot tract of land lying and being within the strip of land in the John Smith
Donation Land Claim No. 48 acquired by Weyerhaeuser Real Estate Development Company by
Deed recorded on Document No. 2009-021549, Lane County, Oregon Official Records, said
Easement being more particularly described as follows:
Commencing at a Lane County Surveyors Office Brass Cap monument marking the Northeast
corner of the John Smith Donation Land Claim No.48;thence along the North line of Donation
Land Claim No.48, South 89°59'25"West a distance of 1417.37 feet to a point on the easterly
boundary of the property conveyed to Weyerhaeuser Real Estate and Development Company,
known as the Little Fall Creek Truck Road,as described in the Deed recorded under Document
Number 2009-021549, Lane County, Oregon Official Records, thence along said easterly
boundary South 1°53'40" West a distance of 428.66 feet; thence continuing along said easterly
boundary and along the arc of a 666.20 foot radius curve left(chord bears South 17°41'51"East
446.78 feet) an arc distance of 455.61 feet; thence continuing along said easterly boundary,
South 3797'22" East a distance of 115.62 feet to the TRUE POINT of BEGINNING; thence
continuing along said easterly boundary, South 37°17'22"East a distance of 20.00 feet; thence
leaving said easterly boundary,South 52°42'38"West a distance of 15.00 feet; thence parallel to
said easterly boundary,North 379 7'22" West a distance of 20.00 feet; thence North 52°42'38"
East a distance of 15.00 feet to the TRUE POINT of BEGINNING.
Bearings are based on the north line of the John Smith Donation Land Claim No. 48,Township
18 South,Range 2 West,Willamette Meridian per County Survey File Number 24131
REGISTERED
PROFESSIONAL
IcJP SURVEYOR
>.s.
OREGON
JULY IG. 1932
DANIEL W BAKER
1970
er$rec ' (x/31/13
Page 6 of 7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
T2013-265—Thurston Hills
Date Received: 7/1/3013
Planner AL
• •
EXHIBIT B
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Page 7 of 7
Weyerhaeuser Real Estate Development
Company to Weyerhaeuser NR Company
T2013-265—Thurston Hills
Date Received:J/t/ay/3
Planner: AL