The URL can be used to link to this page

Home My WebLink AboutPermit Miscellaneous 1992-9-28 , ' ,.......c... " . t-ltOo \0 'r . . 3 '180 HfJ1rO...lJe- . f- 0.. 6 - c- /.::... - j - , l~- . ~ ' 9263867 GRAm OF EASEMENT OF RIGHT OF WAY AND MAINfENANCE COST SHARING AGREEMENT INDENTURE, made as of August 30, 1992 by and between Sycan B Corp., an Oregon Corporation (Sycan), Grantor with respect to Parcel A and Grantee with respect to Parcel B; and Charles F, Larson III, et ai, (Larson), Grantor with respect to Parcel B and Grantee with respect to Parcel A. 1, Grantor's Representation ~ Sycan B Corp is the owner of the real property the precise legal description of which is marked Exhibit A and annexed hereto (Parcel AI, Charles F, Larson III, et ai, is the owner of the real property the precise legal description of which is marked Exhibit B and annexed hereto (Parcel BI, 2. Agreement. In consideration of the sum of Ten Dollars ($10,00) lawful money of the United States and other valuable consideration paid by each of the Grantees to the respective Grantors, the receipt of which is acknowledged, each Grantor does by this Indenture grant, release and forever quit-claim unto the respective Grantee, and Grantee's heirs, successors, assigns and grantees and their grantees, a non-exdusive Easement of Right of Way to pass and repass over that portion of the Grantor's land as more particularly described in Exhibit C with respect to Sycan B Corp as Grantor, and in Exhibit D with respect to Charles F, Larson III, et ai, as Grantor. 3. ' Purpose of Permitted Easement - The purpose of the easements is to allow ingress and egress from Beltline Road upon and across Parcel C and Parcel D to and from the adjacent property of each of the Grantees by their business invitees, tenants, guests, agents, employees and <lli othei's having a iawfui right to come in or upon the property of each and either Grantee, and to establish such right so that it shall run with the land. . ~V.12'92I102MT FUND 20.00 4. Initial Construction of Improvements - Sycan B Corp shall be responsible for the costs of initial construction of improvements upon the easement area, specifically the costs of specification, design, and construction of a curb cut driveway, thirty five feet in width, (forty-four feet when measured from top of curb flare to top of curb flare), and of reconstructing curb at the existing curb cut driveway from Beltline Road, the cost of cutting, removing and replacing existing pavement to make the driveway serviceable to each Grantee. Sycan B shall be responsible for contracting for the work to be done and shall contract only with contractors legally licensed in the State of Oregon. # ' ~.12'92M02R !2!ZNOV.12'92H02P. 40.00 10.00 .. .. .. ""i::>____.__.. C 'r-P/"O .. .J . . 9263867 5. Prior to undertaking any construction in the Easement area, Sycan shall provide notice of the work proposed for construction in the Easement to Larson, Larson shall have 30 days from the date of the notice to provide notice of any objection with respect to the proposed work. In the event no valid objection is received by Sycan within the above 30 day period, said specification and design shall be deemed approved and Sycan may proceed with the work subject to compliance with the specifications and design, In order for any objecti.on to be deemed valid it shall precisely specify the standard which is deficient together with reference to the Uniform Building Code standard or local building code elements, the manner in which the design fails to allow for the use of the easement area for the intended purpose, Sycan shall correct any condition specified in a valid objection before beginning the work. 6. Existing Sign - JB's Restaurants, Inc. (JB'sl is the current tenant of Larson under a lease agreement. JB's had entered into a contract to sell JB's leasehold interest to IHOP Corp, JB's has an existing sign located in the Easement Area. In the event tenant's sign is located within the Easement at the time Sycan begins the work, Sycan, at Sycan's expense, shall be responsible to move the existing sign to a location at or near the western boundary of the easement area and within 5 feet of the boundary of the right- of-way of Beltline Road East, or as near thereto as the City shall permit, IHOP shall not locate a new sign post in the Easement area. 7, Cost of Maintaining improvements in and on the Easement - Each Grantor shall be responsible for the cost of maintaining that portion of the easement to which each is Grantor. Each Grantee hereunder shall have the right but not the obligation to maintain that portion of the Easement area for which each is Grantee, 8. Covenant to Run with the Land - This Easement, the rights granted, and the obligations undertaken shall run with the land and any subdivision(s) of the land, This Easement and the rights granted are IRREVOCABLE and shall be granted and construed to be granted and incorporated by reference by this Indenture into each and every respective deed, indenture and conveyance affecting the Premises, subject only and always to the following conditions: (i) any and all present and future local, state and/or federal regulations, ordinances or laws affecting the use of the Easement as may be promulgated by competent authority having jurisdiction; and Oi) any temporary disruption or suspension of the use of said because of construction, maintenance or related activities. ""--'. ..." . . 9263867 GRANTOR WITH RESPECT TO P~E,l A'/; ~ /; 1/ /J sYCA' ,lC()R~: V;'" t;~~, GRANTOR WITH RESPECT ~~El B ~S l~. ETAl Notary Statement for Sycan B Corp: STATE OF OREGON } County of lane } ss. On 0(..+. , ,1992 before me personally appeared R IG&ta rd l:::,. BJtld-J,J , who being duly sworn. did depose and say that he is the V (u PrH,dtkt of <;V1UZtt B. Corp. , the corporation described in and which executed the . foregoing Easement of Right of Way and he signed his name to the foregoing by order of the gov,ernlng body of said corporation. \,\,,11111111/11111 ......?\~ ~ E .::~ C 0 ("~'~, ':-. \,;. ;'.~..'f'. ,,^', l A) , A. I ~,,4., r:~:", ,. "'- U 'f.c.J '-<..: I-{ t, f t ;""~ OTA R ~":' ~ Notar'V Public f ~"r .~ '~:.':".... . . y. ~ - ' for the State of Oregon T \p U 8 L\ c,/ ~ f My commission expires: ~. (", 9-3 <~'" .'"Q .". '> ~~ .,.. .... <> .,' , ',,; ,..L'o ...... ~...... '. . "',,'" OF a~\,,\...~'" '''J '.., \\\. .""~t.~n~'.~~...~. . ~ Notary Statement for Charles F. Larson, 11/, et al STATE OF OREGON County of Lane } } ss. On Oc.J-. (; ,1992 before me personally appeared ClAM(,Q.~ r:. '-~... ,who being duly sworn, did depose and say that he Is the T ru<J-e.t.. of Gwl/tr:U p~ .."1:he:..;."'.... ':'" described In and which executed the foregoing Easement of Right of Way and he signed his name to the foregoing by order of the governing body of said corporation. \",UIIIII'"" ,\\\ E'}' "l, .~..,. "'\ S. .,~ q 0 "'~ " ....<1\. ( , :-I......:..."..,~.,.. "'^" ~,."V.' " ......... '\. ~ t'/~OTAR~\. \ ~.- ::..~!! ..._ . ~.. ~ \<f\\~U 8 L.\(,/~J . "'.. '- ". ~~ .,.. . .....(0 , . ", , ~ ....... ~) .,,"'~ " .... OF o~ .' ' "II . \\\\... ~"',,,Il..n"\~\\ .:"; ~f.'1c.u ~6-i t- Notart' Public for the State of Oregon My commission expires: '{.,. 9.3 .. .~ --t.... . . 9263867 REVIEWED AND ACCEPTED: IHOP CORP r-- by ~__/. --'l-,....,r/ , i ts ~..,.-/ . ~ if Date t:;;?- ~ 7~ ,. .- .~ . .' 9263867 . . Exhibit A Parcel A Parcel A located in the City of Springfield, Lane County, Oregon, is described as Lot 1, Sycan Commercial Park, as platted and recorded in File 73, Slide 614, Lane County, Oregon, Plat Records. "'... ~, . . . . 9263867 Exhibit B Parcel B Beginning at a point of the Easterly right of way line of Gateway street, said point being 763.99 feet South and 496.71 feet East of the NW corner of the William stevens OLC 146, T 17 S, R 3 W, WM, Lane County Oregon, run thence S 00 04' 25" E 20.00 N 89 55' 35" E 215.00 N 00 04' 25" W 170.00 line of Beltline Road; thence S 89 55' 35" W 65.00 ft, way; thence S 00 S 89 ft; thence ft; thence ft to the Southerly right of way along said Southerly right of 04' 25" E 150.00 ft; thence 55' 35" W 150.00 ft to the True Point of Beginning. .. "~" <~ 9263867 . ExhibiT C The Easemen! Area . The western 17.5 feet of the following described parcel located in the City-of Springfield, Lane County, Oregon, described as Lot 1, Sycan Commercial Park, as platted and recorded in File 73, Slide 614, Lane County, Oregon, Plat Records, excepting therefrom that portion--of the property lying southerly of a line parallel to and 60 feet south of the south margin of the right-of-way of Beltline Road. .. " i ,....~ . . 9263867 Exhibit D 77/e Easement Area The eastern 17.5 feet of the following described parcel located in the City of Springfield, Lane' County, Oregon, described as: Beginning at a point of the Easterly right of way line of Gateway Street, said point being 763.99 feet South and 496.71 feet East of the NW corner of the William Stevens DLe 146, T 17 S, R 3 W, WM, Lane County Oregon, run thence S 00 04' 25" E 20.00 N 89 55' 35" E 215.00 N 00 04' 25" W 170,00 line of Beltline Road; thence S 89 55' 35" W 65.00 ft, along said Southerly right of way; thence S 00 04' 25" E 150.00 ft; thence S 89 55' 35" W 150.00 ft to the True Point of Beginning, excepting therefrom that portion of the property lying southerly of a line parallel to and 60 feet south of the south margin of the right-of-way of Beltline Road. ft; thence ft; thence ft to the Southerly right of way 0 -o:C J, O'liI-_ _ ~ ~ . ~~"'2 .1~ - 0 ~ (;: e -0 ~ - . (; "'" ~ c..e -0-0 "./:-- 0: go ~-t:"2 a: ..J ~ M ..; .- III.~ 0 < ,.. . f . V <<11_ ~ g.J( ~ -" >- e W c " t:i.D _ .. " o c Ut:o- 0 .. . N ~j ou en " c'" ~ CO ~~ 0'0 oo_S! " 0 '''' " , , 'Oc 8 i-~ ~ 't'- oo uu " c .02 . . - , -;; ~ 0 -= ~ -;; N " " . :l:J ,.. ciiu ...:u.5- 0: '" i