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Home My WebLink AboutEasement APPLICANT 6/6/2008 (2) -, AFTER RECORDING RETURN TO Olson & Morns 380 Q Street, SUIte 200 Spnngfield, OR 97477 DECLARATION OF A VARIABLE WIDTH PRIVATE UTILITY & STORMWATER DRAINAGE EASEMENT & MAINTENANCE AGREEMENT THIS DECLARATION made and entEred mto thiS day of , 2008, by R Keeoers Investments. LLC an OreQon lImIted lIablhtv comoanv ,heremafter called the Declarant, WHEREAS, the declarant IS the record owner of the followmg descnbed real property Parcels I and 2 of LAND PARTITION PLAT No . 2008, ReceptIOn No . as filed and recorded . Lane County OffiCial Records, Lane County, Oregon FURTHER, the Declarant wIll create a van able WIdth private utIhty and storm water dramage easement and enter lI1to a Mall1tenance Agreement Said ~asement IS for shared utIhtles across a portIOn of saId Parcel 2, and stormwater dramage to a blo-swale located on saId Parcel 2 for the benefit of Said Parcels I and 2, as shown on E>illlblt "A" and bell1g more partIcularly deSCribed as follows Begll1nll1g at the Southwest comer of Parcel 2 of LAND PARTITION PLAT No as filed and recorded , 2008, ReceptIOn No . Lane County OffiCial Records, thence along the Southerly boundary of said Parcel 2, North 89058'45" East 8030 feet, thence leavll1g saId Southerly boundary, North 0001 '37" East 6 39 feet, thence North 89058'45" East 3650 feet to a pOll1t on the Westerly boundary of Parcel I of saId LPPN thence along saId Westerly boundary, North 0001 '37" East 5 00 feet, thence leavll1g said Westerly boundary, South 89058'45" West 3650 feet, thence North 0001 '37" East 356 feet, thence North 38037'02" East 14 87 feet, thence North 89058'45" East 27 23 feet to a pomt on the Westerly boundary of Said Parcel I, thence along saId Westerly boundary, North 0001 '37" East 5 90 feet, thence leavmg saId Westerly boundary, South 89058'45" West 29 63 feet, thence South 38037'02" West 24 39 feet, thence South 89058'45" West 51 53 feet, thence North 52020'20" West 588 feet, thence North 0001 '37" East 4806 feet, thence North 89058'45" East] 01 04 feet to a pOll1t ~n the Westerly boundary of Said Parcel I, thence along said Westerly boundary, North 0001 '37" East 700 feet, thence leavmg said Westerly boundary, South 89058'45" West 11680 feet to a pomt on the Easterly nght-of-way of 2nd Street, saId pomt bemg 30 00 feet, when measured at nght angles, from the centerlIne thereof, thence along saId Easterly right-of-way, South 0001 '37" West 71 16 feet to the Pomt ofBegll1nmg, all bell1g m Spnngfield, Lane County, Oregon SaId easement contams 3,078 square feet, more or Ie,s Date Received JUN - 6 2008 Onglnal Submittal 4' ~ X \PROJECTS\3740 Nathan Keepers\Correspondence\Esmt Utility doc Page I of4 ,. "0 Q) > .~ Q) c::: Q) ..... al o The water qualIty swale IS a planted or grassed open channel that traps pollutants by filterIng and slowmg flows, allowmg partIcles to settle out Said swale IS located on said Parcel 2 and Will be the responsibilIty of the owners of both Parcels I and 2 to share and share alIke The swale should dram wlthm 48 hours of a storm event All faCIlIty components, vegetatIOn, and source controls shall be mspected for proper operatIOns and structural stabilIty, at a mmtmum, quarterly for the first 2 years from the date of mstallatlOn, 2 tImes per year thereafter, and wlthm 48 hours after each major storm event The faCIlIty owner must keep a log, recordmg all mspectIon dates, observatIOns, and mamtenance actIVities The followmg Items shall be mspected and mamtamed as stated Swale Inlet (such as curb cuts or pipes) shall mamtam a calm flow of water entermg the swale . Source of erosIOn shall be IdentIfied and controlled when natIve SOlI IS exposed or erosIOn channels are formmg ~~' ~ . Sediment accumulatIOn shall be hand-removed With mmlmum damage to vegetatIon usmg proper erosIOn control measures Sediment shall be removed If It IS more than 4" thick or so thlCk as to damage or k1l1 vegetatIOn <0 I Z :;:) -, ~ E .0 '" (/J . Inlet shall be cleared when conveyance capacity IS plugged shall be Identified and corrected Sources of sediment and debrIS (ij c: . 5> ;:: ('SIde Slopes shall be mamtamed to prevent erosIOn that mtroduces sediment mto the swale Rock splash pads shall be replemshed to prevent erosIOn . Slopes shall be stabilIzed and planted usmg approprIate erosion control measures when native SOlI IS exposed or erosIOn channels are formmg Swale Media shall allow stormwater to percolate umformly through the landscape swale If the swale does not dram wlthm 48 hours, It shall be tIlled and replanted accordmg to deSign speCificatIOns . Annual or seml-annualtIllmg shall be Implemented If compactIOn or c10ggmg contmues , . DebrIS m quantities that mhlblt operatIon shall be removed routmely (e g, no less than quarterly), or upon discovery Swale Outlet shall mamtam sheet flow of water eXltmg swale unless a collectIOn dram IS used Source of erosIOn damage shall be IdentIfied and controlled when natIve sOli IS exposed or erosIOn channels are formmg . Outlets such as drams and overland flow paths shall be cleared when 50% of the conveyance capacity IS plugged . Sources of sediment and debns shall be IdentIfied and corrected VegetatIOn shall be healthy and dense enough to proVide filterIng while protectmg underlymg SOlIs from erosIOn Mulch shall be replemshed as needed to ensure survival of vegetatIOn . VegetatIon, large shrubs or trees that mterfere With landscape swale operatIon shall be pruned . Fallen leaves and debrIS from deCiduous plant folIage shall be removed X \PROJECTS\3740 Nathan Keepers\Correspondence\Esmt Utility doc Page 2 of4 . Grassy swales shall be mowed to keep grass 4" to 9" m height . NUIsance and proh]blted vegetatIOn from the Portland Plant L]st (such as blackbemes and Enghsh Ivy) shall be removed when discovered InvaSive vegetatIon contrlbutmg up to 25% of vegetatIOn of all species shall be removed and replaced ' . Dead vegetatIon and woody material shall be removed to mamtam less than 10% of area coverage or when swale functIOn ]S Impaired VegetatIon shall be replaced wlthm 3 months, or Immediately ]f reqUIred to mamtam cover denSity and control erOSIOn where soils are exposed SpIll PreventIon measures shall be exerCIsed when handlmg substances that contammate stormwater Releases of pollutants shall be corrected as soon as Identified Access to the swale shall be safe and efficIent Egress and mgress routes shall be mamtamed to deSign standards Roadways shall be mamtamed to accommodate Size and weIght of vehicles, If apphcable . Obstacles preventmg mamtenance personnel and/or eqUIpment access to the swale shall be removed . Gravel or ground cover shall be added If erosIOn occurs, e g, due to vehIcular or pedestnan traffic Insects & Rodents shall not be harbored m the swale Pest control measures shall be taken when msects/rodents are found to be present . If sprays are conSidered, then a mosqUIto larvICIde, such as BaCillus thurendensls or Altos]de formulatIOns can be applied only ]f absolutely necessary, and only by a hcensed mdlvldual or contractor . Holes m the ground located m and around the swale shall be filled The Owners, Hens or ASSIgns of Said Parcels] and 2 shall have all nght~ of mgress and egress to and from the real estate, necessary for theIr use, enjoyment, operation and mamtenance of the easement hereby granted and all rights and pnv]leges mc]dent thereto DUring the eXIstence of thIs easement, mamtenance of the easement and costs of repalf of the easement, ]f , damaged by natural disasters or other events for which all holders of an mterest m the easement are blameless, shall be the respons]blhty of both partIes to share and share ahke DUring the eXistence of this easement, holders of an mterest m the easement who are responsible for damages to the easement because of neglIgence or abnormal use shall repair the damage at theIr sole expense ThiS agreement shall bmd and mure to the benefit of, as circumstances may reqUIre, not only the partIes hereto but also their respectIve heIrS, executors, admm]strators, aSSigns, and successors m mterest Date Received X \PROJECTS\3740 Nathan Keepers\Correspondence\Esmt Uuilty doc JUN - 6 2008 Onglnal SUbmlttaL/?/ Page 3 of4 Declarant R KEEPERS INVESTMENTS, LLC an Oregon hmlted habIllty company ~ .,"'-=--= Nathan K~epers, Managmg"Member - i I:)' I ~~.2'TICIALSEAL - . ~,l\ S C'-IAPMAN I STATE OF OREGON } \:::-.. I r' ,'Li:UC-{)REGON ^'. ^ SSIJ 1,10 399211 1 }}ss L2::-'~J ~?I,'ES f~OV_ 30,2009 County of Lane ThIS Instrument was acknowledged before me on thIS ;Z ~ day of \} L. ~.....e..- , 2008, by Nathan Keeners , as Manal!Inl! Member of R Keeners Investments. LLC. an Orel!on hmlted hablhtv comnanv ,to be hiS voluntary act and deed, on behalf of the company ~?A~LJ~~ Notary Pubhc ,/ My commISSIOn expires ) 1/.3 0/ L? r; , ./ Date ReceIved JUN - 6 2008 Ongmal SUbmltta\__~' X \PROJECTS\3740 Nathan Keepers\Correspondence\Esmt Utility doc Page 4 of4 , 1illJ.1JJIT ':4" LPPN ~\ ~~ NlT01'J7"E 90.05' !Y1 M M~ 1 - 1 it:- I- 1 I, I ~ ~ - 1 8 1 . 181 181 !a ~ ~I"'I~ ~~Il<il~ Il<il"" <0 :!! - ~I I;:;; ~~I 1 1 1 - - -I 1- ~ 1 I ~I I~ I 1 1 I 1 I~ 1 1 1 I 1 l~ 1 1 l '-, <". 1 I II 1 1 "- "- I I:;: IJNE TABLE I I "- "- 1 lL. "- , '-..J I I I UNE BEARING LENGTH ~ml I ~.t'<i>~"-,,-LJ l1 ILl SO'O 1'37"W 639' 1 It! I ~.;.. 'i 12 S89'58'45"W 3650' 1 LJ SilO 1 'J7"W 3,56' 1 L4 NJlf37'02"E 1487' ~;II 1 1 ~~~ ~ LS 58958'45"W 2723' 1 I ..: It) ~I I 1 it:- ~ : I'J ~ 1 ~ 1 l~ ; 1 I~ 1 I ~ N52'20'20"W i" it:-I I 5:88'~ ~I 1 NIl01'J7'F 48.06' ~ ~ -~ III ~I L_______________ ; 31 ~i 1 1 71,16' I SOYJ1'J7'W 90.05' ~z~ 2ND STREET SCALE 1 "=20' 3> 20' 0 : ~"L_J~t~_, I """.", 20' 40' I-~'~~"~~", U8te ~~vt:"v",J- .... JUN 6 2008 Onglnal ::,ut",,,",al....!!!'~ AFTER RECORDING RETURN TO Olson & Moms 380 Q Street, SUIte 200 Sprmgfield, OR 97477 Date Received JUN - 6 2008 Onglnal Submittal o;il DECLARA nON OF A PRIVATE IRREVOCABLE JOINT USE AND ACCESS RECIPROCAL EASEMENT & MAINTENANCE AGREEMENT THIS DECLARATION made and entered Into thIS day of . 2008, by R Keeoers Investments. LLC. an Orel!on hmlted hablhty comoanv , heremafter called the Declarant, WHEREAS, the declarant IS the record Owner of the folloWIng descrIbed real property Parcels 1 and 2 of LAND PARTITION PLAT No , 2008, ReceptIOn No , as filed and recorded , Lane County OffiCIal Records, Lane County, Oregon FURTHER, the Declarant wIll create a varIable WIdth recIprocal easement and enter mto a Mamtenance Agreement SaId easement IS for shared access to saId Parcels I and 2, parkmg lot, shared utIhtles and surface dramage across a portIOn of saId Parcels I and 2, as shown on ExhIbIt "A" and bemg more partIcularly deSCrIbed as follows Begmnmg at the Northwest comer of Parcel 2 of LAND PARTITION PLAT No as filed and recorded , 2008, ReceptIOn No , Lane County OffiCIal Records, thence South 0001 '37" West 29 00 feet, thence South 89058'45" East 62 03 feet, thence South 0001 '37" West 39 54 feet, thence North 89058'45" East 1827 feet, thence South 0001 '37" West 1512 feet, thence North 89058'45" East 133 01 feet, thence North 0001 '37" East 1640 feet, thence North 89058'45" East 15 50 feet, thence North 0001 '37" East 67 26 feet, thence South 89058'45" West 22881 feet to the Pomt of Begmnmg, all bemg In SprIngfield, Lane County, Oregon SaId easement contams 15,220 square feet, more or less Declarant IS developmg each parcel WIth a medIcal office These offices wIll be served by a common parkmg lot, shared access, pedestrIan walks, shared utIhtICS, and surface runoff over and across the above-descrIbed parcels The mamtenance of the aforementIoned shall be the responsIbIlIty of the owners of saId Parcels I and 2 to share and share alIke, the schedulIng for such mamtenance to be determmed by the owners, but no less than once per year The Owners, HeIrs or ASSIgns of saId Parcels I and 2 shall have all rIghts of mgress and egress to and from the real estate, necessary for theIr use, enjoyment, operatIon and mamtenance of the easement hereby granted and all rIghts and prIVIleges mCldent thereto DUrIng the eXIstence of thIS easement, mamtenance of the easement and costs of repaIr of the easement, If damaged by natural dIsasters or other events for whIch all holders of an mterest m the easement are blameless, shall be the responsibIlIty of both partIes to share and share alIke DUrIng the eXIstence of thIs easement, holders of an mterest m the easement who are responSIble for damages to the easement because of neglIgence or abnormal use shall repaIr the damage at theIr sole expense X \PROJECTS\3740 Nathan Keepers\Correspondence\Esmt ReCiprocal doc Page 1 of2 - ThIS agreement shall bind and Inure to the benefit of, as cIrcumstances may reqUIre, not only the parl1es hereto but also thelf respectIve heIrs, executors, adminIstrators, assIgns, and successors In mterest Declarant R KEEPERS INVESTMENTS, LLC an Oregon hmlted hablhty company ~ Nathan Keepers, Managmg Member r-~'-~-- - ---~- " /:;;>C:-;-\ _2F<'ICIPL SEAL ~ I G., "' q ! r - ' ,,( '''.''''AN STATEOFOREGON } 0,,2;/ ;~"\,-I,<J~,;3-D'10G')N }ss '- ~ ",11 'IS':::I;,'fJ07Cl'l1-1 I" CI ~l' I'"' I _ u~...._ County of Lane } ~~~_~~: ",H ~_=SI'JV3~,2003 ThIS Instrument was acknowledged before me on thIs :2.-..JJ day of J ~ _ , 2008, by Nathan Keel)er,) ,as Mana,nne: Member of R Keeoers Investments. LLC. an Oree:on hmlted hablhtv comoanv _ to be hIS voluntary act and deed, on behalf ofthe company ,;;:;;J~J ~ Notary Pubhc /' My commISSIOn explfes / / / :-; ,-,"/.:J 57 , ? Date Received JUN - 6 2008 Onglnal Submittal &' X \PROJECTS\3740 Nathan Keepers\Correspondence\Esmt ReCiprocal doc Page 2 of2 EXHIBIT "A" NU'01'J7"f 9255' ( LPPN 1<l ~ ~ ~ \ (.~V ~~ i~ ~~ b ~~ L HUO 1 'J7t: 67.26' 1550' ..c::: H89"58'45t: y 16.40' . - HUO 1 'J7t: <::) ~ - \ ~ ~ ~ ~ -, - --...; ( ~1'J7"W ~' ~ . '" '" ." ~~ ~ i't ~ t \~ .1IO ( ~ ~ SOfTOI'J7"W 9005' ~ ~-- SUOI 'J7"W ~,\ ,5"2',,, ~ :e - N89'58'45t: -< ' 18.27 \ 1J9,54--;-- ~ suo 1 'J7"W ~ ~.... ~ ~~ ~ ~'<l \/28,95' I ~ :e - )ate Received JUN 6 lOD8 Ongli lal SUbmlttaL4L_- ~ '" ~ ~ ~ ) 'j. (.~v ~~ SO'01'J7"W 9005' f.. Z--==3.. 2ND STREET SCALE '"=40' 40' 0 ~~ I I CI I : 40' I 80' I