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HomeMy WebLinkAboutCorrespondence Miscellaneous 8/28/2013 • • ' HILLMAN PROPERTIES NORTHWEST 900 NORTH TOMAHAWK ISLAND DRIVE PORTLAND, OREGON 97 2 1 7-7999 (5031 283-411 1 FAX (503) 283-4154 May 31, 1990 Mr. Jerry Pate, Vice President F Development :Hu Shari's Management Corporation t. jGCQ 13635 N.W. Cornell Road Portland, Oregon 97223 ""'' !0:'a RE: Declaration of Easement Shari's Restaurant Site , Pioneer Plaza Shopping Center Springfield, Oregon Dear Jerry: Enclosed please find a photocopy of the recorded easement for the new Shari's Restaurant. As Howard Page is no longer associated with Hillman Properties Northwest, please feel free to contact me directly if there are any other management related items that _ require resolutigh. Eesega I p. _ ax ea se erton Vic= 'resident LWS:blm Enclosure cc: Retail Development 62713 pate RecGIVed.� Planner: LM Ask STATEMENT OF WATER RIGHTS X)4 The parcels identified within this plan, plat or replat DO NOT have a water right. The parcels identified within this plan, plat or replat use water ONLY from the following suppliers: I x4 The City of Springfield for municipal use. Special District for use. The above information is true,and complete to the best of my knowledge. Signed: Date: 4 _ 24. - 7 ; STATE OF OREGON ) COUNTY OF txre ) s. Ma/tnomaA , 7o / On p/I.L 27/, , 1928, personally appeared the above-named Ctiris/apler %). W. Etdrn, Vi cc Pres'denf, /fi//rnah Propenct.( N.W. and acknowledged the foregoing instrument to be a voluntary act before me: No r Pu is for Oregon Commission expires: ,,,37/5-1.4.—.) pate Received: Planner: LM %/5 a • 5 j DECLARATION OF EASEMENT i'tD 9019761 • ( 1 ) . The undersigned, hereinafter Grantor, hereby declares , grants , conveys and creates a perpetual and non-exclusive easement for . parking, access , ingress and egress , and driveway purposes across Parcel 1 as described and shown on Exhibit "A" attached. hereto and incorporated herein by reference. 1eAPR.30'9O#07REC 25.00 ( 2 ) . Said easement is not personal or in gross but is appurtenant to each and every portion of the property more particularly described and set forth as Parcels 2 and 3 on Exhibit "A" , attached hereto and incorporated herein by reference . ( 3 ) . Said easement shall run with the properties. herein described as Parcels 2 and 3 and shall be binding on and shall inure to the benefit of the parties hereto , their heirs , 1258APR.30'90#07PFUND 10.00 successors or assigns . 155eAPR,30'90#074&T FUND 20.00 ( 4 ) . Said easement is made for the purposes of complying with the Municipal Code of the City of Springfield and the City of Springfield Zoning Code regarding a lot line adjustment. As such, the City of Springfield shall also have the right and standing to secure judicial recognition and enforcements of the rights granted by this Declaration, and this easement shall not be affected or negated by title or the merger of title of the dominant and servient properties in a common owner. ( 5 ) . Grantor shall at all times , and without restriction, have the right to use the easement for purposes not inconsistent with the easement . Declaration of Easement - 1R Date Received: V Z� / I J Planner: LM 9013761. 411 • ( 6 ) . Grantor further hereby declares , grants , conveys , and creates the right to use said easement for the installation and maintenance of utilities as may be reasonably necessary to serve the property more particularly described as Parcels 2 and 3 in Exhibit "A" attached hereto and incorporated herein by reference , provided that the location of such utilities shall be subject to Grantor' s prior written approval. The owners of either Parcel 2 or 3 requesting such use shall pay all costs of installation, construction, (maintenance and restoration of Parcel 1 to its condition prior to commencement of such activity. Such owner shall also indemnify, defend and hold Grantor harmless from any and all claims , damages , liabilities or costs resulting from such use of Parcel 1 by the respective owners of Parcels 2 and 3 . IN WITNESS WHEREOF, I have executed this Declaration of Easement on this ..2.4 day of /—e c._ , 19 90 . HAYDEN CORPORATION, a Delaware corporation dba Hillman Pr,_erties Northwest I B '— J�i• is .ph- J. W. Eadon Vice •r- ident and Chief Financial Officer - STATE OF OREGON ss . County of Multnomah ) �� ; The 'forego • ng instrument was acknowledged before me this '2T.�^ reyf e , 1990 , by Christopher J.W. Eadon, s �t, Pre$z�3�nt f HAYDEN CORPORATION, dba HILLMAN PROPERTIES iidiWPHWE$ ' a '=Delaware corporation, on behalf of the corporation . Ltd:' _ 91 )-711 �!i Date Received: a, •.•, Not- • y Pub is for Oregon OF �;. Planner: LM My •of ision expires :' Declaration of Easement - 2 Dnv4/011 9019761 • • PARCEL 1 Beginning at the Southeast corner of Lot C of SEAVEYS ADDITION, as platted and recorded -in Book 4, Page 80, Lane County Oregon Plat Records: thence North 0'01 ' 37" East 177.83 feet along the West line of North 2nd Street and the East line of Lot C to an iron pin marking the TRUE POINT OF BEGINNING; thence North 0'01 ' 37" East 431.21 feet continuing along the West line of North 2nd Street and the East line of Lots C and 8 of said plat to an iron pin marking the Northeast corner of said Lot B: thence North 89•59 ' 19" West 111 . 20 feet along the North line of said Lot 8 to an iron pin marking the Northwest corner thereof : thence North 0'01 '37" East 20.89 feet along the West line of Lot A of said plat to an iron pin which bears North 0'01 ' 37" East 660.00 feet from the Southwest corner of said plat: thence North 89'58'23" West 681 . 26 feet to an iron pin on the East right of way line of a roadway (as conveyed in that deed to Lane County recorded on Reel No. 754 , Reception No . 7532824 , Lane County Oregon Records; thence South 14' 10' 45" East 290.36 feet along said East line to a point marked by an iron pin; thence North 75'49 ' 15" East 9. 50 feet to a point marked by an iron pin ; thence North 75'49 ' 15" East 9. 50 feet to a point marked by an iron pin ; thence South 14'10 '45" East 46.64 feet to a point, marked by an iron pin ; thence South 75'49' 15" West 2. 50 feet to a point marked by an iron pin ; thence South 14 ' 10 '45" East 131 . 20 feet to a point marked by an iron pin; thence South 8'57' 53" East 77.02 feet to an iron pin set on maid East line; thence South 14' 10' 45" East 74. 29 feet along said East line to an iron pin marking an angle point therein ; thence South 47'13 ' 37" East 44.43 feet continuing along said line to en iron pin marking the Southeast corner- thereof on the Nord right of way line of 0 Street; thence North 89'58' 45" East 122.99 feet along said North right of way line to a point marked by an iron pint thence along the arc of a 29.00 foot radius curve to the right , the chord of which bears North 21 '59 ' 11" West 21 . 70 feet to a point marked by an iron pin ; thence North O'OI ' 15" West 102.88 feet to a point marked by an iron pin : thence along the arc of a 9.00 foot radius curve to the right, the chord of which bears North 44'58 '45" 'Jest 12 . 73 feet to a point marked by an iron pin ; thence North 89.38 '45" East 228 .00 feet to a point marked by en iron pin ; thence along the arc of a 9. 00 foot radius curve to the right , the chord of which hears South 45'01 ' 15" East 12 . 73 feet to a point marked by an iron pin: thence South 0'01 ' 15" East 101 .40 feet to a point marked by an iron pin on the North right of way line of 0 Street; thence North 89' 58 ' 45" East 33 . 15 feet to a point marked by an iron pin ; thence South 76'48 ' 32" East 6. 53 feet to a point marked by an iron pin ; thence North .0'00' 21" West 99.45 feet to a point ; thence North 66' 16 ' 1.9" East 17.28 feet to a point; thence North 2'05 ' 33" West 5. 14 feet to a point ; thence North 89•34 ' 43" East 50.66 feet to a point: thence along the arc of a 76 .98 foot radius curve to the left , the chord of which bears North 74'41 ' 43" East 39. 55 feet to a point : thence North 59'48 '43" East 57 .34 to a point ; thence along the arc of a 53. 73 foot radius curve to the right, the chord of which bears North 75'39 ' 41 " East 29 . 35 feet to a point ; thence South 88'29 ' 22" East 25 . 16 feet to a point marked by an iron pin on the West line of North 2nd Street said point also being the TRUE POINT OF BEGINNING , all in Springfield , Lane County , Oregon. Date Received: /(Z Planner; LM ?YHrntr 9019761 • PARCEL 2 Beginning at the Southeast corner of Lot C of Seaveys Addition , as recorded in Book 4 , Page 80 of Lane County Oregon Plat Records ; thence South 89° 58 ' 45" West 510. 86 feet to a point on the northerly right of way line of 'Q ' Street ; thence following said right of way line South 89° 58 ' 45" West 97 . 01 feet to a point on the east right of way line of Pioneer Parkway East as recorded on Reel 754R , Instrument No . 7532824 of Deeds and Records, Lane County , Oregon ; • thence following said right of way North 47° 13 ' 37" West 44. 43 feet to an angle point therein ; thence North 14° 10 ' 45" West 74 . 29 feet to an angle point therein ; thence North 8°57 ' 53 " West 75 . 24 feet along said easterly right of way as dedicated and recorded on Reel 1473R , Instrument No . 8737875 of Deeds and Records , Lane County , Oregon , said point being the True Point of Beginning ; thence continuing along said right of way North 8°57 ' 53" West 1 . 78 feet ; thence North 14° 10 ' 45" West' 124 . 52 feet ; thence leaving said right of way North 75 ° 57 ' 58" East 132 . 86 feet ; thence North 89°58 ' 45" East 69 . 01 feet ; thence South 00°01 ' 15" East 154 . 67 feet ; thence South 89 °58 ' 45" West 167 . 18 feet to the True Point of Beginning , all in Springfield , Lane County , Oregon . Containing 26 , 645 square feet , more or less . Exhibit "A" REGISTERED PROFESSIONAL LAND SURVEYOR 1-- /1 . 64.4__ OREGON SEPT.23. 1877 JAMES A. BRANCH 1138 . Date Received:e I.2 ri i 3 Planner: LM 9019761 • • Parcel 3 • Beginning at the Southeast corner of Lot C of Seaveys Addition , as recorded in Book 4, Page 80 of Lane County Oregon Plat Records; thence South 89'58'45" West 510.86 feet to a point on the northerly right of way line of 'Q' Street, said point being the True Point of Beginning; thence. following said right of way line South 89'58'45" West 97.01 feet to a point on the east right of way line of Pioneer Parkway East as recorded on Reel 754R, Instrument No. 7532824 of Deeds and Records, Lane County, Oregon; thence following said right of way North 47'13'37" West 44.43 feet to an angle point therein; thence North 14'10'45" West 74.29 feet to an angle point therein; thence North 8'57'53" West 75.24 feet along said easterly right of way as dedicated and recorded on Reel I473R, Instrument No. 8737875 of Deeds and Records, -Lane County, Oregon; thence leaving said right of way North 89'58'45" East 167. 18 feet ; thence South 00'01 ' IS" East 16.00 feet; thence South 89'58'45" West 11 .84 feet;- thence South 00'01 ' 15" East 140.43 feet; thence Along the arc of a 51.00 foot radius curve to the left, the chord of which bears South 11 '38 '.19" East 20.53 feet to the True Point of Beginning, all in Springfield, Lane County, Oregon. Containing 24 ,330 square feet more or lees. s N � a L 7.'7. wry � � ` T` M Tug c u> v L . ¢ w((lr � r cVb co c u H �� EXHIBIT "A" d r TL C J+T C gill ! 3 - - m CJ q r T v1 U _:J c Date Received: Planner: LM