HomeMy WebLinkAboutEasement APPLICANT 12/1/2008
380 Q Street, Suite 200
Springfield, Oregon 97477
(541) 302-9790
(541) 485-3253 Fax
aaron(ci)olsona nd morris .com
Olson & Morris
A subsidiary of LB. Olson & Associates, inc.
Consulting Engineers & Surveyors
Urban Planners
Traffic Engineers
LETTER OF TRANSMITTAL
Date:
November 26, 2008
TO: Steve Hopkins
Development Services
Urban Planning Division
225 Fifth Street
Springfield, OR 97477
From: Aaron Grimes
RE: SUB2008-00039
WE ARE SENDING YOU... . () Attached
( ) Originals (x) Copies
( ) Reports ( ) Plans
( ) Under separate cover via
) Prints ( ) Diskette(s)
) Specifications () Memo
QTY DESCRIPTION
5 Copies ofthe recorded subdivision of Weeping Willow
5 Copies of the recorded SUB easement (lots 2 & 3)
5 Copies of the recorded SUB easement (lots 4 & 5)
5 Copies of the recorded 26.00 foot Private Joint Use Access and Utility Easeme,.
( x ) For your use
( ) For approval & Filing
( ) For review & comment
( ) As requested
( ) Returned for correction
( ) For your distribution
) Approved as submitted
) Approved as noted
REMARKS:
Signature La LA.
I
12-01-0 8P02: 10 RCVD
Date Received:
DEe - 1 2008
Final Submittal
,
,'-, ,.
':..,;.
.
I '
Division of Chief Deputy Clerk
Lane County Deeds and Records
~~~~.~oJ~~1
SPRINGFIELD UTILITY BOARD
RIGHT-OF-WA Y
UNDERGROUND EASEMENT
III "1111111111 "" 111111 1111111 11111111 $36,00
110,,84032J080 1 '35 '7003'~33
11/25/200809:11:11 AM
RPR-ESMT Cnt=l Stn=l CASHIER 05
$15.00 $10.00 $11.00
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, John E. McSwane, Hilda R. McSwane
and Jennifer M. Johnson, herein after called 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 2.'" A/o t/.
2008, Reception No. 2008- ,.::; <"'>0<>
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 --2-0 A#l4/. , 2008, Reception
No. 2008- ,<::;. '?5'0-6 as filed in Lane County Official
Records, Lane County, Oregon; thence run South 4031'31" West 2.S0 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 4031'31" West 2.50 feet to the point of beginning. Said property is
shown on attached Exhibit "A".
And to place, constnuct, 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 linesJ No part of any building or
permanent structure will be placed upon this ea~ment, 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.
S Ijf!JUJD& /(SlJ7Y-fQ
WEEPING WILLOW,,-'
09112/08
D~te Received:
DEe - \ 2008
Page Iof2
After recording fetum to
Lane County surveyors
Final submittal
-,
The undersigned covenants that they are the owners of the above-described. property and that such
property is free and clear of encumbrances and liens of whatsoever character except:
~ ....--::-~11 ~. ~3}'JOV~
Jennifer M. Johl}6un . i 'oi-FiCiArSEAL'-''''DATF
STATE OF (R0-s-O,j ) . NOT~~~
11.-. ) \is. COIIIIlSSlON NO. 428319
County of WA?tl ( f\J~ IIYCQIlIlI8SION EXPIRES APfllI. 22. 2012
BE IT REMEMBERED, That on this -:?ei'1iay of NO\/RNtI--X:::./c-- _, 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 voluntanly.
m TI3TIMOW """",,, , "~ "',~". re> m,! r"'a ","0' ~, "" do, ,"d """'"
above written.
Notary Public for O~ :~, I f <--'
My commiSSion expires: MlZlL :z..:;:z ;J n I :;2.
4/~
/ E. McSwane '.
~ f ~J.u... ,
Hilda R. McSwane
I/~d;-CJ rf
DATE
1/-1.. -D-i
DATE
STATE OF OREGON )
) ss.
County of Lane )
BE IT REMEMBERED, That on this ~ day of Na v-e-.b-t..-r ,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
~~ i1d6
.f..WA )..3. )./?d'l
""
.
OFFICIAL SEAl
LYNDA K MILlER
NOTARY PUBlIC. OREGON
COMMISSION NO. A393415
MY COMMISSION EXPIRES AUG. 28, 2009
My commission expires:
Springfield Utility Board accepts thi nveyance of real property or easement.
Approved bY:~-/'~'- , ' -
Tamara Johnson f
,Engineering Manager"
Springfield Utility Board
WEEPING WILLOW: Lots 2&3 Easement
09//2/08
~Qge 2 of2
,',
. "
"I>'
Exhibit 'it"
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SCAlE- "=20'
20' 0 20' 010'
:"'I_.I'~'L..;'--I_~_..~..".~~,!.'
c ~
LOT 3'
6125 SF
'J
54'31 '31 "II' 2.50'
~ ;-
N801'J9'52"W
..19.79'
.':::::::.:':-:':':':':-;::.':':.:','--:
No-JI'26T 2.5i'
I _
_t t ~
Nlr31'35! 2.50'
54'31 '31 "II' 2.50'
5.00' SUB ELECTRIC
EASEMENT
(DOTTED HATCH)
LOT 2
5478 SF
r
^
.-:. '. ~ "~',.t~, "
.':'
(
Division of Chief Deput~ Clerk
Lane County Deeds and Records
2~~~.~oJ~~~
SPRINGFIELD UTILITY BOARD
RIGHT-OF-WA Y
UNDERGROUND EASEMENT
/1111111111" 11111111" 111111 111111111111 $36,00
11'384g4200~0~6,,5080J3003J
11/25/200809:11:11 AM
RPR-ESMT Cnt=l Stn=l CASHIER 05
$15.00 $10.00 $11.00
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, John E. McSwane, Hilda R. McSwane
and Jennifer M. Johnson, herein after called 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 ~., A/O J/.
2008, Reception No. 2008- ,.:;::? <0 ~
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 5 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 80006'16" West 62.60 feet from the Southeast corner of Lot 4,
WEEPING WILLOW subdivision, recorded 2!,{ /VoV- , 2008, Reception
No. 2008- b:-?:"'t'J ~ as filed in Lane County Official
Records, Lane County, Oregon; thence nun North 9056'4S" West 2.50 feet, thence South 80006'16" West
19.54 feet, thence South 0031'26" West 4.03 feet, thence South 8031'35" West 1.09 feet, thence North
80006'16" East 20.61 feet, thence North 9056'45" West 2.S0 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 facilibes, 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.
Su62.-m?~-OOOq4
WEEPING WILLOW'
09/12/08
Date Received"
Page lof2 "
DEe ~ I 2Oll8
.it;
After recording return to
Lana County Surveyors
Final Submittal
. ,
, .
The undersigned covenants that they are the owners of the above-described property and that such
property is free and clear of encumbrances and liens of whatsoever character except:
____ ___~IA^ ~
Jennifer M. Jotl~son /
~^ml/(Y7",
. Ol'RCtALSEAL DA'E
. IIAIIIEALEXAHIlRE
STATE OF DQ&,,-ON) NOTARYPUIlUI).(lREOON
COMIIISlllOlIIO. Cl8318
County of WA~JG1"O,j i sse UYCOIIMISSlON EXPIRES APRIl. D, 2012
BE IT REMEMBERED, That on this OJ(2.i) day of No\le:Ml?eJ2.- ,2008, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared the within named
Jennifer 1\1. 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 here,unto set my "and and affiXlli;Jy officia sea
above written.
Notary Public for SrA1 J:;. OP O.E t:'7....otJ ,ijiH 1.1
2.2. . ~'2--
My commission expires: M'!Z-l L
~,,~t~
~ /? HJ~ lI_ ;;)
Hilda R. I\1cSwane
//- '-17'8
DATE
II-/, -.tJrI
DATE
STATE OF OREGON )
) ss.
County of Lane )
. 1-11.. I,
BE IT REMEMBERED, That on this -.l4....- day of ND~ ,2008, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared the within named John
E. I\1cSwane and Hilda R. I\1cSwane 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
a. U~~II. NOT~f~~~::,~GON Notary Public for Oregon -1......L J!. ~
. COMMISSION NO, A3934'5 ~
MYCOMMISSiONEXP'RESAUG,28,2009 My commission expires: _A-""j- ~ i ::H1o'1
Springfield Utility B rd c
Approved by: '\.. #~A
Tamara Johnson
Engineering Mana
Springfield Utility Soard
-
Date Received:
WEEPING WILLOW
09/12/08
Page 2 '0Ee - 1 2008
Final Submittal
,
. '. ".
Sir J I '26 "W ~.OJ'
- - ?- - ~ .
SB"JI 'J5"W /,09'
r
Exhibit ':4"
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20'
SCALE- "=20'
o 20'
,,,,,,,,-,, .,"",.
. 'o__~~' .=~., I~=~=--.,._~_.=~-~;"'==-'-""'-""=~l
LOT 4
6426 SF
40'
N9'S6'4S"W 2.50'
S80'06'f6"W 62.60'-
5BO'06'16"W
54'
,l,,~,::::::,',:,:,:,:,"
"~;~~;~c ,
20,61
N9'S6'4S"W 2,50'
5,00' SUB ELECTRIC
EASEMENT
(OOTTEO HATCH)
LOT 5
5465 SF
"l
,)
'Date f\ecf. >.:ed:
DEe -1 'C.~,
, L-H.J
PinG/ Submlttal___ .m___~
"
Division of Chlp~ Deputy Clerk
Lane' County Dee and Records
~~~~.~DJ~~~
.'
~L~ It ~ll ~W~lUl~l~llll" 111111111 $41 ,00
RPR ESI1T C t 2 11125/2008 09: II : II AM
- n = Stn=l CASHIER 05
$5.00 $15.00 $10.00 $11.00
. DECLARATION 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
') ,;:; NI:Ji/. ,2008, Reception No. 2008-, ,<;. ?,.5'~ 6 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 enter into a Maintenance Agreement.
NOW THEREFORE, it is hereby agreed and declared that:
I. 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.
2. The Owners, Heirs, Assigns and Successors 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
stmctures and parked vehicles and shall be available for access to the public road at all times.
I . .
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 stonnwater 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 ~lan,
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 I and 6 are excluded from maintenance
responsibilities as long as their ingress/egress is taken from "E" Street and the required maintenance is
not related to utilities serving said Lots
FURTHER, The provisions of this instrument touch and concem;and relatc to the use of Lots 1 -6, and are intended
to be covenants and restrictions running with the land.
5LlbUJV8-ow"\-1
Date Received:
The true and actual consideration of this declaration is $ 0.00.
DEe -1 2008
Final Submittai
Upon recording please return to: Olson & Morris, 380 Q Street Suite 200, Springfield, OR 97477
3834-26.00 Foot Private Joint Use Access and Utility Easement and Maintenance Agreement
II \ \ \
[x t\; tl-'"l
An
I
I'
,
Vegetated, Grassy, and Street Swales
Operations & Maintenance Plan
: Swales are planted or grassed open channels that trap pollutants by filtering and slowing flows, allowing particles to settle
, out. The swale should drain within 48 hours of a stonm event. All facility components, vegetation, and source controls shall
, be inspected for proper operations and structural stability, at a minimum, quarterly for the flrst 2 years from the date of
I installation, 2 times per year thereafter, and within 48 hours after each major stonm event. The facility owner must keep a
log, recording all inspection dates, observations, and maintenance activities. The facility owner must keep a log, recording
, all inspection dates, observations, and maintenance activities. The following items shall be inspected and maintained as
stated:
, Swale Inlet (such as curb cuts or pipes) shall maintain a calm flow of water entering the swale.
I . Source of erosion shall be identified and controlled when native soil is exposed or erosion channels are forming.
. Sediment accumulation shall be hand-removed with 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
identified and corrected.
. Rock splash pads shall be replenished to prevent erosion,
I 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.
Swale Media shall allow stormwater to percolate uniformly through the landscape swale, If the swale does not drain within
; 48 hours, it shall be tilled and replanted according to design specifications.
, . Annual or semi-annual tilling shall be implemented if compaction or clogging continues.
I , Debris in guantities that inhibit operation shall be removed routinely le.Q.. no less than quarierlv), or upon discoverv.
! 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 so it is exposed or erosion channels are forming.
. Outlets such as drains and overiand flow paths shall be cleared when 50% of the conveyance capacity is plugged.
. Sources of sediment and debris shall be identified and corrected,
Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soiis from erosion.
Mulch shall be replenished as needed to ensure survival of 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 9" in height.
. Nuisance and prohibited vegetation from the Portland Plant 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
I ~ollutants shall be corrected as soon as identified.
Training andlor written guidance Information for operating and maintaining swales shall be provided to all properly
owners and tenants. A coPY of the O&M Plan shall be provided to all property owners and tenants,
I Access to the swale, shall be safe and efficient. Egress and ingress routes shall be maintained to design standards.
Roadways shall be maintained to accommodate size and weight of vehicles, if applicable. .
. Obstacles preventing maintenance personnel and/or equipment access to the swale shall be removed.
. Gravel or around cover shall be added if erosion occurs, 8.Q.. due to vehicular or pedestrian traffic.
i Insects & Rodents shall not be harbored in the swale. Pest control measures shall be taken when insects/rodents are
found to be present. _
I . If sprays are considered, then a m'osquIto larvicide, such as Bacilius thurendensis or A1toside formulations can be
Ii applied only if absolutely necessary, and only by a licensed individual or contractor.
i . H~es in the ground located In and around the swale shall be filled.
I Ii used at this site. the followinq wliFbe apPlicable:
, Check Dams shall control and distribute flow.
. Causes for altered water flow shall be identified, and obstructions cleared upon discovery.
. Causes for channelization shall be identified and repaired.
L
i
;
Storm water Management Manual
Adopted July 1, 1999; revised September 1, 2004
I
]
-.J
, Da~R~ived:
DEe - 1 2008
Final Submittal
<
,-/I,
Granted and declared this ~ day of
No~</
,2008.
.
OFFICIAL SEAL
LYNDAKMIUER
NOTARY PUBLIC, OREGON
COMMISSION NO. A393415
MY COMMISSION EXPIRES AUG, 26, 2009
State of Oregon
)
) ss.
County 0 f Lane )
, I tl
This instrument was acknowledged before me on ~day of
~1trili~r~
My Commission Expires: t\l.ij'.}g. rl4d 't
tJove.,.J,~2008 by John E. McSwane.
Granted and declared this
l/'
day of
N .~b4'
.2008.
~17.IJ_ R /J1tljj.'A u~_
Hilda R. McSwane '
.
OFFICIAL SEAL
l YNDA K MIUER
NOTARY PUBlIC, OREGON
COMMISSION NO. A393415
MY COMMISSION EXPIRES AUG. 26, 2009
State of Oregon
)
) ss.
. County of Lanc )
This instrument was acknowledged before me on ~day of lJo~-Lr, 2008 by Hilda R. McSwane.
. J! 7't1/::;
Nota Public for Oregon
My Commission Expires: 1+<V\. Y;,)Pd "'J
Granted and declared tbis 3 r& day of
'!vrJ1I1?'^'\,~ ,2008.
__ r- _~IA ----... I
Jennifer M. JjJhnson )~.
State of DR0-,oJ
. OFI'ICIALSEAI.
IIAIlIUlJ!XANllllE
NOTARY PlJBl.IC. OREGON
COIIIIIS8ION NO. 4211319
MVCOIAIISSlON EXPIRES APRR. 22, 2012
)
) ss.
County oflNA?H1 tJ6-~ )
ITA: t ;j;~" ""ore:" ~.. .., of ""'-""" "' "ru';f~ M ,'::"W"
Notal]' Public for OR.fJ:rON
My Commission Expires: _k?rt 11. ~;Z I ?-Ol ;;L.
Date Received:
DEe - I 2008
Final SUbmittal
3834.26,00 Foot Private Joint Use Access and Utility 'Easement and Maintenance Agreement