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Home My WebLink AboutPermit Miscellaneous 2007-3-28 <' , . Division of Chie~puty Clerk Lane County Deeds and Records t~~I.~t~~~~ $46,00 .. After recording return to: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 1111111111111' 111111111111111 I" III 11111111 II III 00894766200700205440030048 03/28/2007 08:13:01 AM RPR-ESMT Cnt=2 Stn=1 CASHIER 05 $5,00 $20.00 $10,00 $11,00 Lo~ ~\~ PRIVATE VARIABLE WIDTH ACCESS & UTILITY EASEMENT AND AGREEMENT TIDS AGREEMENT made and entered into on Mare.h z.e, 2.e07 by and betwee Alberts Develonment LLC , hereinafter called the first party, and _ City of Snrin!!field. a municinal corooration actin!! bv and throu!!h the Snrin!!field Utility Board " hereinafter called the second party, WITNESSETH: WHEREAS: The first party is the record owner of Lots 172, 173, 174, 176 and, 177 of MOUNTAINGATE 2ND ADDITION, as platted and recorded Marrt-. ,".Po., 2..D07 Reception No, '}..J;)07- Z05::>.' Lane County Official Records, Lane County, Oregon, and has the, unrestricted right to grant the easement hereinafter described relative to the real estate; and the second party is the record owner of the following described real property: ' A parcel of land in the Northeast quarter of Section 3, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETIE MERIDIAN, in Lane County, Oregon, described as follows: Beginning at the 1977 Lane County brass cap monument marking the South-Southwest comer of the T, Maynard D.L.C, No. 37; thence South 00005'42" West 75,00 feet; thence North 69020'57" West 213,60 feet; thence North 00005,'42" East 130,00 feet; thence North 46038'59" West 84,96 feet to a point on a curve, the center of which bears North 46038'59" West; thence along the arc of said curve to the left having a radius of 45,00 feet, through a central angle of64008'31", an arc distance of 50.38 feet; thence North 29005'42" East 108.51 feet; thence South 81022'27" East 202,24 feet to the West line of said D,L.C, No, 37; thence South 00005'42" West along said West line, 300,00 feet to the Point of Beginning, NOW, THEREFORE, in view of the premises and in consideration of~, it is agreed: The first party hereby grants, assigns and sets over to the second party, and reserves unto itself, an easement for water line, private access and private utilities over and across the above-described property owned by the first party for the benefit of said property owned by the first party and propertY owned by the second party also described above, said easement is shown on Exhibit "A" and more particularly described as follows: F:\PROJECfS\3286 - MountaingatelCORRESPONDENCE\Phase 3B\Esmt.Sub,l72,173"1 RI76,I7Hoc Pagelof4. .. . . ... The Southerly 10,00 feet of Lots 172 and 173, and a portion of Lots 174, 176 and 177 of MOUNT AINGA TE 2ND ADDITION, as platted and recorded Reception . Nn ' tane County Official Records, Lane County, Oregon, lying North of '-'~)Jr'1l1.l.W~;descri'fAar ~eginning at a point being South 45005'12" East 15,85 feet from the corner common '"tb-s3fd-L3l~lqJ.,l..l~ and 177; thence South 51008'54" West 36,14 feet to a point on the line common to said Lots 176 and 177; thence North 59020'29" West 121.13 feet; thence North 72024'48" West 160.30 feet to a point on the Easterly right-of-way line of South 66th Place, said point being 25,00 feet, when measured perpendicular, from the centerline thereof, and there terminating, The first party and second, party shall have all rights of ingress and egress to and from the real estate, (including the right, from time to time, except as hereinafter provided, to cut trim and remove trees, brush, overhanging branches and other obstructions) necessary for the use enjoyment, operation and maintenance of the easement hereby granted and all rights and privileges incident thereto, Except as to the rights herein granted, the first party shall have the full use and control of the above described real estate, The second party agrees to save and hold the first party harmless from any and all claims of third parties arising from the second party's use of the rights herein granted, The period of this easement shall be perpetual, always subject, however, to the following specific conditions, restrictions and considerations: 1, Easement to remain free of structures and parked vehicles and shall be available for access to the public road at all times, 2, Maintenance shall be undertaken at such time as the majority of the owners being served by said Easement deem it desirable, 3. Emergency vehicles shall have the right to enter upon said Easement for the purpose of emergency vehicle access, During the life of this easement, maintenance of the easement and costs of repair of the easement, if damaged by natural disasters or other events for which all holders of an interest in the easement are blameless, shall be the responsibility of the second party, the owners of Lots 174, 176 and 177 of said MOUNT AINGA TE 2ND ADDITION, and, if access is in fact taken, whether that access be primary or incidental, the owner of Lots 172 and 173 of said subdivision, to share and share alike, During the existence of this easement, holders of an interest in the easement who are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense, This agreement shall bind and inure to the benefit of, as the circumstances may require, not only the parties hereto but also their respective heirs, executors, administrators, assigns and successors in interest. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first written above, F:\PROJECTS\3286 - MountaingatelCORRESPONDENCElPhase 3BlEsmt.Sub,I72.173,174.176,177,doc . Page2of4 " 0, . . ..... ~I ALBERTSDEVE~~ Todd M, Alberts, Member ~ First Party STATE OF OREGON, County of Lane) ss This instrument was acknowledged before me on j'; )r2Ltd/lv .:lc.. A. PC 7 by Todd M, Alberts. as member of Alberts Develooment LLC. as its voluntary ac<'and deed, I ~- ,_.... ':.:.._. "- ..,~ p ~;-: ,.... " ( ",... :1 ,:,,=q ; n I:;'",) r~.:',; ',: ";<:"~';:'\.N : ~ \S'v I, ',"'" ~ .,'" ' II '.';;r';I...,.,i-:~-:~.:, ,~:;~<~':-':::0"-1{~j92ifr I , M, I C'WI,':'I:;~_;;';~! ':;:';;::;": ~ ;':0\1 ':i:"l 'ioon ( ___,_, __ __ _~_:.......... o. ""J,L ;;J ,(h1.J/~LJAt~- Notary Public for Oregon / My commission expires: // /;? c /?! P , ./ SPRINGFIELD UTILITY BOARD, an Oregon municipal corporation By: C. ~-:./ ~.- - - Name: C """'AA>~S .A~~t3,.e,-9 Title: ("&"-A7'E~ ,dj v/fl'C'."-I ~fR,EC,T7f9~ Second Party STATE OF OREGON, County of Lane) ss t This iristJvp1ent was acknowledged before me on ,ff bG(')4"1 ~ l l.L'O 7 by ft ,o,r-/.,<. tt:rrerc. , as 7Ar.P""~PC--:L...-~ cf ~~IG~f SorinQfield Utility Board. an OreQon municioal comoration .. as its volun~ ad and.deed, F:\PROJECTSI3286 . MountaingatelCORRESPONDENCElPhase 3BlEsmt.Sub,l72.173,174,176,177,doc Page 3 of4 . . , . . " I , EXHIBIT It A Of MOUNT AINGA TE 2ND ADDITION I L N ~ tJ=29'2152" R=275,OO' A!. = 140,94' CH=NJoI6'OS"f CL=IJ9AO' 15.85' - - r-~' J ____ ___ ~/~ '\... 177 11283 SF ~. " F:\PROJECfS\3286 - Mountaingate\CORRESPONDENCElPhase 3BlEsmlSub,I72,173.174,176,I77.doc Page 4 of4