HomeMy WebLinkAboutEasement APPLICANT 11/7/2008
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DECLARA nON OF A 26.00 FOOT PRIVATE JOINT USE ACCESS AND UTILITY
EASEMENT AND MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that John E. McSwane, Hilda R. McSwane and Jennifer M. Johnson
are the owners of Lots 1-6 of WEEPING WILLOW subdivision, recorded
,2008, Reception No.i2008- as filed in Lane County
Official Records, Lane County, Oregon.
FURTHER, said Owners create a 26.00 foot Width'Private Joint Use Access and Utility Easement, across Lots 2-5,
as shown on said Subdivision, for the benefit of Lots 1-6.
FURTHER, said Owners, Heirs, Assigns or Successors of Lots 1-6 will share said easement 'and said Owners, Heirs,
Assigns or Successors of Lots 1-6 will entcr into a ~aintenance Agreement.
NOW THEREFORE, it is hereby agreed and declared that:
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1. The Owners, Heirs, Assigns and Successors of the above named Lots of said Subdivision shall share
equally in the costs of maintenance and operation of said Easement.
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2. The Owners, Heirs, Assigns and Succ~ssors of said Lots may construct and maintain private utilities
over and across said Easement.
3. The Owners, Heirs, Assigns and Successors of said Lots shall cause said Easement to remain free of
structures and parked vehicles and shall be available for access to the public road at all times.
4. Maintenance to the access facilities shall be undertaken at such time as the majority of the owners,
being served by said Easement deem it desirable.
5. Maintenance to the stormwater facilities shall be undertaken at such time as the majority of the owners,
,
being served by said Easement deem it desirable or at such a time as necessary to ensure the
functionality of said facilities. See "Exhibit A" for more details of the Vegetated, Grassy and Street
Swale Operations and Maintenance Plan.
6. Emergency vehicles shall have the right to enter upon said Easement for the purpose of emergency
vehicle access. <!
7. The Owners, Heirs, Assigns and Successors of Lots 1 and 6 are excluded from maintenance
responsibilities as long as their ingress/egress is taken from "E" Street and the required maintenance is
not r~lated to utilities serving said Lots
FURTHER, The provisions of this instrument touchtand concern, and relate to the use of Lots 1 -6, and are intended
to be covenants and restrictions running with the la~:d.
Date Received:
NOV' - 7 2008
The true and actual,consideration of this declaration is $ 0.00.
Original Submittal
Upon recording please return to: Olson & Morris, 380 Q Street Suite 200, Springfield, OR 97477
3834-26.00 Foot Private Joint Use Acce~s and Utility Easement and Maintenance Agreement
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II [xh. i ,bod_' A"
Vegetated, Grassy, and Street Swales
Operations & Maintenance Plan
Swales are planted orgrassed open channels that trap dollutants by filtering and slowing flows, allowing particles to settle.
out. The swale should drain within 48 hours of a stdrm event. All facility components, vegetation. and source conlrols shall
be inspected for proper operations and structural slability. at a minimum, quarterly for the first 2 years from the date of
installation, 2 times per year thereafter, and within 48 hours after each major storm event. The facility owner must keep a
iog, recording all inspection dates, observations, and mairtenance activities. The facility owner must keep a log, recording
al/ inspection dates, observations, and maintenanceacti~ities. The following items shall be inspected and maintained as
stated:
, Swale Inlet (such as curb cuts or pipes) shall maintain a ~Im flow of water entering the swale.
. Source of erosion shall be identified and controlled when nalive soil is exposed or erosion channels are forming.
. Sediment accumulation shall be hand~removed wjt~ minimum damage to vegetation using proper erosion control
measures. Sediment shall be removed if it is more than 4" thick or so thick as to damage or kill vegetation.
. Inlet shall be cleared when conveyance capacity is plugged. Sources of sediment and debris shall be
idenlified and corrected.
. Rock splash pads shall be replenished to prevent erosion.
Side Slopes shall be maintained to prevent erosion that introduces sediment into' the swale.
. Slopes shall be stabilized and planted using appropriate erosion control measures when.native soil is exposed or
erosion channels are forming.
SwaJeMedia shall allow stormwater to percolate uniformly through the landscape swale. If the swale does not drain within
48 hours, it shall be tilled and repfanted according to design specifications. '.
. Annual or semi-annual tilling shall be implemented if compaction or clogging continues.
. Debris in guantlUes that inhibit operation shall be removed routinely (e.o., no less than quarterlv), or upon discovery.
Swale Outlet shall maintain sheet flow of water exiting swale unless a collection drain is used. Source of erosion damage
shall be identified and controlled when native soil is exposed or erosion channels are forming.
. Outlets such as drains and overlan'd flow paths shall be cleared when 50% of the conveyance capacity is plugged.
. Sources of sediment and debris shall be identified a~d corrected.
Vegetation shall be healthy and dense enough to provide'filtering while protecting underlying soils from erosion.
Mulch shall be replenished as needed to ensure survival ~f vegetation.
. Vegetation, large shrubs or trees that interfere with landscape swale operation shall be pruned.
. Fallen leaves and debris from deciduous plant foliage shall be removed.
. Grassy swales shall be mowed to keep grass 4';' to g' in height.
. Nuisance and prohibited vegetation from the Portland Piant List (such as blackberries and English Ivy) shall be
removed when discovered. Invasive vegetation; contributing up to 25% of vegetation of all species shall be removed
and replaced. .
. Dead vegetation and woody material shall be removed to maintain less than, 10% of area coverage or when swale'
function is Impaired. Vegetation shall be replaced within 3 months, or immediately if required to maintain cover density!
and control erosion where soils are exposed.
, Spill Prevention measures shall be exercised when handling substances that contaminate stormwater. Releases of
pollutants shall be corrected as soon as Identified.
I Training and/or written guidance Information for operating and maintaining swales shall be provided to all property
. owners and tenants. A copy of the O&M Plan shall be provided to all property owners and tenants. .
Access to the swats shall be safe and efficient. Egress and ingress routes shall be maintained to design standards.
I Roadways shall be maintained to accommodate size and weight of vehicles, if applicable.
, . Obstacles preventing maintenance personnel aridlor1equipment access to the swale shall be removed.
. Gravel ofQround cover shall os added if erosion occurs, e'.Q., due to vehicular or pedestrian traffic.
I. Insects & Rodents shall not be harbored in the swale. Pest control meas'ures shall be'taken wheninsects/rodents are
.,
I found to be present.
. If sprays are considered; then a mosquito larvicide, such as Bacillus thurendensis or A!toside formulations can be
applied only if absolutely necessary, and only by a licensed individual or contractor.
. Holes in the. ground locate(j ill and around the swale shall be filled.
[If used at this site. the followina will be aDDlicab/e: I
! Check Dams shall control and distribute flow. '!
. Causes for altered water flow shall be identified,pnd 9bstructlons cleared upon discovery.
Causes for channelization s~all b!,i!!<;ntifi".cJ.and-repaired. ___ [1"~,g ~i\ll:.r1'
Stormwater Management Manual , . Page 3.14
Adopted July 1, 1999; revised September 1, .2004 NOV'. - 7 2008
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Original Submittal
Granted and declared this /" tI.
J ~s(ff4:.,
J::te of Oregon
day of
,
I
'No'.~.........
,2008.
.
OFFICIAL SEAL
LYNDA K MILLER
NOTARY PUBLIC - OREGON
COMMISSION NO. A393415
MY COMMISSION EXPIRES AUG. 28. 2009
)
)ss.
County of Lane )
lrJ..
This instrument was acknowledged before me on ~ day of
N~{;li50?~
My Commission Expires: A-Ll'\.~.:}dd q
~ .
tJ~"<2008 by John E McSwane.
-tl.
Granted and declared this ~ day of
N }~h4'
,2008.
~O.c't R /11~"',.:.
Hilda R. McSwane r
.
OFFICIAL SEAL
LYNDA K MILLER
NOTARY PUBLIC - OREGON
COMMISSION NO. A393415
MY COMMISSION EXPIRES AUG. 28, 2009
State of Oregon
)
) ss.
County of Lane ) .
. . j!.
This instrument was acknowledged before me on ~day of lJo~"", 2008 by Hilda R. McSwane.
~ .i-mb t
Nota ublic for Oregon i
My Commission Expires: PrLtPl.~,).i!d" I
Granted and declared this 3 r& day of ~II€l.'<I&~ ,2008.
_____ f ----.....!^ ----.. _ J .
Jennifer M. Jphnson )'
State of DR.Q-.n,J
OFACIAL SEAL
. llARleALEXANIlRE
NO. TARY PUBLIC. OREGON
COI!M1sstON NO. 428319
I.lY COMMISSION EXPIRESAPRlL 22, 2012
)
) ss.
County of~-JM~h tJ (~TC:~ )
This ins.tr:.IT - ".;"",,, "'I,,, mo"", $:'9 '" 01 "",,,,,,~,,,, b, ,"""or. M. '"~m"".
1~ ~JG [Oo/ILJ))/, -....! Date Received:
Notary Public for OREb-ON ,
My Commission Expires: _k;7,t j I. ~.'2 J ,,?-01:;;:L.
,
NOV' - 7 2008
Original SubmittFlI
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3834-26:00 Foot Private Joint Use Accdss and Utility Easement and Maintenance Agreement
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~' - , 11
SPRINGFIELD UTILITY BOARD
RIGHT-OF-WA Y
UNDERGROUND EASEMENT
This space reserved for
Lane, County Deeds and Records sticker
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, John E. McSwane, Hilda R. McSwane
and Jcnnifer M. Johnson, herein after called the first party, foria good'and valuable consideration, of
'the payment of the sum of $0.00, the receipt whereof is hereby acknowledged, does hereby grant unto the
SPRINGFIELD UTILITY BOARD, her~in after called the second party, and unto its successors and
assigns, the right to enter upon the lands of ,the undersigned situated in the City of Springfield, State of
Oregon, and more particularly described as follows:
:
WHEREAS, the first party is the record owner of the following described real property:
,
Lots 1-6 of WEEPING WILLOW subdivision, recorded
2008, Reception No. 2008-
County Official Records, Lane County, Oregon. .
as filed in Lane
And has the unrestricted right to grant this easement hereinafter described relative to the real estate; and
the second party'is the record owner of the: '
Electric service facilities located along the common lot line of Lots 4 and S of said subdivision.
NOW, TI-IEREFORE, it is agreed: The first party hereby grants, assigns and sets over to the second party a
perpetual 5' underground electric easement being more particularly described as follows:
i n
Beginning at a point that is South 80006'16" West 62.60 feet from the Southeast corner of Lot 4,
WEEPING WILLOW subdivision, recorded , 2008, Reception
No. 2008- as. filed in Lane County Official
Records, Lane County, Oregon; thence run North 90S6'45" West 2.50 feet, thence South 80006'16" West
19.54 feet, thence South 0031'26" West 4.03Jeet, thence South B031'35" West 1.09 feet, thence North
80006'16" East 20.61 feet, thence North 9056'45" West 2.50 feet to the point of beginning. Said property is
shown on attached Exhibit "A",
And to place, construct, operate, repair, maintain, relocate, and replace therein an underground electric
distribution line, including vaults, transfQrmers and other necessary facilities, to remove and replace fences
and lawns to the extent necessary to construct; maintain, and protect said lines. No part of any building or
permanent structure will be placed upon this easement, other than asphalt pavements, curbs, sidewalks,
and driveway aprons. This easement does not restrict the installation of Qwest Communications and
Comcast facilities provided installations meet Springfield Utility Board's approval.
Date Received:
NOV' - 7 2008
WEEPiNG WILLOW Lots 2&3 Easement
09112/08
Page I Q(2
Original Submittal
.' '.
The undersigned covenants that they are the owners of the above-described property and that such
property isfree and clear of encumbrances an~ liens of whatsoever character except:
~1!1I\ ~
- Jennif;r M. Jow'nson )
_____,._. ~(l)V(J'A
. OrACIALSEAl. DA- E
, . . IlARlEAL!XANIlRE
STATE OF DQ&iDN) NOTAAYPUBllC.OREGON
. COMMISSlON NO. 428318
. I \ ) ss., ES PRII. 2
County of WA'.?~r/l'-' G'fON) . UYCOMMISSIONEXPIR A 22,201
BE IT REMEMBERED, That on this 0(.2i) day of NO"~1V\6g2.. , 2008, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared the within named
Jennifer M. Johnson known to me to be the identical individual described in and who executed the within
instrument and acknowledged to me that they!executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto s~t my ,an d and affiXO;; my officia seal ~he day and year last
above written. ,\
Notary Public for SIAl t. D~ '" t2 'F7~.,.J J.QG lu.' \ LLIP
/_ 'Z '2.r,;\ Z--
My commission expires: API'Z.- I L
~/tL
,.
/n E. McSwanc
//- ~- 0'8
DATE
~~
Hilda R. McSwane
II-/, -~r/
DATE
STATE OF OREGON )
) ss.
County of Lane ) "
BE IT REMEMBERED, That on this ~ day of l'Jo~ ; 2008, before me, the
undersigned, a Notary Public in and for said County and State, perso'hally appeared the within named John
E. McSwane and Hilda R. McSwane known to me to be the identical individuals described in and who
executed the within instrument and aCkno01edged to me that they executed the same freely and
voluntarily. :
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last
al u.", ,. NOT~[~~e~~-~:GON Notary Public for Oregon -1......~.J!. ~
. COMMISSION NO. A393415 ---"7
MY COMMISSiON EXPIRES AUG. 28,2009 My commission expires: ~_ U t ::t--/9o'1
v
Springfield Utility Board accepts this conveyance of real property or easement.
Approved by: ~llb\;c:. \Dor~S hH . ~ IjN~J c,,'ry "
Tamara Johnson
Engineering Manager
Springfield Utility Board
WEEPING WILLOiv Lots 2&3 Easement
09/12/08
Date Received:
NOV' - 7 2008
OrigjJJfJ 9~ittal
. . '0 .
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Exhibit
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'A" ,
"
20'
r"I~_r"'"
I SCALE: 1"=20'
. ,
o 20'
I
tOT 3
6125 SF
I
54'31'31"W 2.50'
584'39,'52"[ 53.00':
54'31 'JI "W 2.50'
I
5.00' SUB ELECTRIC
EASEMENT
(DOTTED HATCH)
LOT 2
5478 :SF
N84'J9 '5; "W
J9.79'.,
--~,-,
Date Received:
NOV' - 7 2008
Original Submittal.
NO'31'26"E 2.51'
-p-~
Nlf31'J5"E 2.50'
r
SPRINGFIELD UTILITY BOARD
RIGHTcOFcWA y.
UNDERGROUND EASEMENT
This space reserved for
Lane,County Deeds and Records sticker
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, John E. McSwane, Hilda R. McSwanc
and Jennifer M.Johnson, herein after Gllled the first party, for,a good and valuable consideration, of
the payment of the sum of $0.00, the receipt whereof is hereby acknowledged, does hereby grant unto the
SPRINGFIELD UTILITY BOARD, herein after called the second party, and unto its successors and
assigns, the right to enter upon the lands of the undersigned situated in the City of Springfield, State of
Oregon, and more particularly described as follows:
WHEREAS, the first party is the record owner of the following described real property:
Lots 1-6 of WEEPING WILLOW subdivision, recorded
2008, Reception No. 2008-
. County Official Records, Lane County, Oregon.
as filed in Lane
And has the unrestricted right to grant this easement hereinafter described relative to the real estate; and
the second party is the record owner of the:
Electric service facilities located along the common lot line of Lots 2 and 3 of said subdivision.
NOW, THEREFORE, it is agreed: The first party hereby grants, assigns and sets over to the second party a
perpetual 5' underground electric easement being more particularly described as follows:
Beginning at a point that is South 84039'52" East 53.00 feet from the Southwest corner of Lot 3,
WEEPING WILLOW subdivision, recorded , 2008, Reception
No. 2008- as filed in Lane County Official
Records, Lane County, Oregon; thence run South 4031'31" West 2:50 feet, thence South 84039'52" East
19.86 feet, thence North 8031'35" East 2.50 feet, thence North 0031'26" East 2.51 feet, thence North
84039'52" West 19.79 feet, thence South 403l!31" West 2.50 feet to the point of beginning. Said property is
shown on attached Exhibit "A".
And to place, construct, operate, repair, maintain, relocate, and replace therein an underground electric
distribution line, including vaults, transformers and other necessary facilities, to remove and replace fences
and lawns to the extent necessary to construct, maintain, and protect said lines. No part of any building or
permanent structure will be placed upon this; easement, other than' asphalt pavements, curbs, sidewalks,
and driveway aprons. This easement does not restrict the installation of Qwest Communications and
Comcast facilities provided installations meet Springfield Utility Board's approval.
Date Received:
WEEPING WILLOW Lois 2&3"Easemenl
09/12/08
NOV - 7 2008
Page lof2
Original Subm,ittal
The undersigned covenants that they are the owners of the abovecdescribed property and that such
property is free and clear of encumbrances and liens of whatsoever character except:
~ .--- ~ilt '----...j).
Jennifer M. JohQ6on I
STATE OF CR0"50J )
,L-. )~s.
County of UJfl6t11 r-.j G-'Td)..j
, :::?J,. rnv fff,
OfACi.ALSEAL "- ~""D7\TF
i:IARlEAl.EXANllRf
NOTARY PUBLIC. OREGON
COMMISSION NO. 428319
lit COMMISSION EXPIRES APRIl 22, 2012
BE IT REMEMBERED, That on this ~i)ay of ND\Ir?'JV\.I--5GI<:::-- .2008, before me, the
undersigned, a Notary Public in and for said, County and State, personally appeared the within named
Jennifer M. Johnson known to me to be the identical individual described in and who executed the within
instrument and acknowledged to me that they executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have'h'~reunto s~tmCy,2' d and
above written.
Notary Publicfor OQR~ : fuM i ~ Ik( ?
. My c~mmission e~Pires: A?I2-,tL '7-'?-. ;.;1 n I ?- (
"-
A;:~
1/-dJ-o t>
DATE
/-" E. McSwane
~...- f #7r;tJ~I"
Hilda R. McSwane
J / -I- - DR!
DATE
STATE OF OREGON )
) ss.
County of Lane )
BE IT REMEMBERED, That on this ~ day of N~ v.~b-lA , 2008, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared the within named John
E. McSwane and Hilda R. McSwane known to me to be the identical individuals described in and who
executed the within instrument and acknowledged to me that they executed the same freely and
voluntarily. .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed"my official seal the day and year last
above written.
. Notary Public for Oregon k~& i?%~'
f..LV. )..3. )...,:Jdq
" .
.
OFFICIAL SEAL
LYNDA K MILLER
NOTARY PUBLIC - OREGON
COMMISSION NO. A393415
MY COMMISSION EXPIRES AUG. 28. 2009
My commission eXlJires:
Springfield Utility Board accepts this conveyance of real property or. easement.
Approved by: ?u \A~~ L00(~S \-.~5' S~^,".l.. eoy! '
Tamara Johnson
Engineering Manager
Springfield Utility Board
Date Received:
NOV - 7 2008
WEEPING WILLOW Lots 2&3 Easement
09/12/08 . .
O!1~~npJAubmittal
.
SO'JI'26"W 4.0J'
__"9_J_
SliJ/'J5"W 1.09'
r
20'
C--'. I'~'''.
L ..,,~"" '''''''"d
580'06'16'W:
54'
,,%,....:.:.....:.:.:.:,'..
.---..'-:"-"-'--.:J;."".
~BO;)6'l~"[
20.61 .
Exhibit
P<:d
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':4." .
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: SCAlE' "=20'
,
o 20'
.40'
LOT 4
6426 SF
N9'56 '45 "W 2. 50 ,
580'06'16'W 62.60'.
"
N9'56'45"W 2.50'
5.00' SUB ELECTRIC
EASEMENT
(DOTTED. HATCH)
LOT 5
, 5465 SF
Date Received:
NOV - 7 2008
Original submittal .
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