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HomeMy WebLinkAboutCorrespondence LCOG 5/17/2005 (2) Message ,< LAFLEUR Karen From: DEFOREST Ashley [adeforest@Lane.COG.OR.US] Sent: Tuesday, May 17, 2005 10:06AM To: LAFLEUR Karen Subject: FW: Williams Bakery For the file, thanks! Ashley DeF ores! Associate Planner Lane Council of Governments (541) 682-3399 -----Original Message----- From: HLEDIK Randy (SMTP) Sent: Friday, May 13, 2005 10:46 AM To: DEFOREST Ashley Subject: RE: Williams,Bakery . Page 1 00 I. ... thanks, Ashley... I'll ask the title company to search for an easement. regarding the railroad issue, but I really doubt that there was one.... Based on our telephone conversation this morning: I assume Turf will talk to Tom at the countylo'determine how we should address the "abandonment"this .... In regard to the sanitary service line easement, our title company (Cascade Title) agrees withi,Turf,that nothing needs to be done to extinguish it - Cascade issued an amended preliminary title report that removed that particular easement from the'''exceptions to title" - I'll include a copy of that when we submit for final site approval..... . I From: DEFOREST Ashley [mailto:adeforest@Lane.COG,OR,US] Sent: Friday, May 13, 2005 8:59 AM To: Randy Hledik . Subject: FW: Williams Bakery Here you go.. Ashley DeForest Associate Planner Lane COllllCil of Governments (541) 682-3399 --Original Message--- 5/1712005 Message Page 2 of3 From'; MCTAGGART Turf Sent: Thursday, April 28, ;2005 S:4S AM To: DEFOREST Ashley Cc: ERNST Dennis Subject: Williams Bakery Ashley, I have some thoughts on the easements at the Williams Bakery site. First, the 26.5' RR easement shown on the WILDISH INDUSTRIAL TRACTS subdivision plat appears to have been created on the plat for some future use that has never materialized. Some times when a plat is filed the public easements are dedicated right on the plat and sometimes there may be a separate document filed with only an acknowledgement and reference on the plat. Similarly when private easements are,created they may be created on the face of the plat or by separate document with an acknowledgement and reference on the plat. In 1969 the platting process was not as rigorous as it is now and in this case they did not make any specific reference to whether the RR easement was "existing" or new. My assumption from what I can see in all the documents is that it was new and first shown on this plat. In th'e owner's dedication statement on the plat they should have called out that easement as being a private easement to a specific railroad created for the benefit of all the several lots. They didn't do that. What they say in the dedication is "and we hereby dedicate to ttie free use of the public forever the streets and easements as shown hereon for said purposes respectively.", I see a huge problem with that since a railroad easement would not be "dedicated" to the public.' It would be "granted" to a specific private railroad company. In this case there may have been a separate document filed at around the same date as the plat (May 15, 1969) but I don't have a lot of hope for that since there is no reference to it on the plat. However I think the developer needs to direct the title company to search for such a doc. If nothing can be found then one must reason that the easement was in fact dedicated'to the public (Lane County) and accepted by the commissioners signatures on the plat. Assuming that that is the conclusion of title company then I think the applicant needs to prepare a "quitclaim" document for the County to sign and record. The County should be consulted about this prior to preparing the doc since they may in fact feel they need to go through a "vacation" process instead. I personally feel that since this is an unusual case where the public has an interest in what should have been a private easement and that the easement has never been used by anyone,then they may be able to simply use a quitclaim deed to extinguish their interest. Check with them after the title company searches for an easement document. If there is a document found then railroad company that has the easement right will have 10 quitclaim their interest to dispose of it. .. As to the sanitary sewer easement I feel like there needs to b~ nothing done at all to dispose of the encumbrance. The document states "Said easements shall exist only so long as there is a demonstrated need of the grantee and shall cease to exist at the time that sanitary sewer service is made available by a public agency to the real property,benefited by these easements." The"grantee in this case is the same entity that you are working with today, Le. WILDISH INDUSTRIAL DEVELOPMENT CORPORATION. Assuming that since they are developing (redeveloping?) the site for a new industrial operation the "need" of the grantee for this easement (number 3 on doc:8034816) can no longer be demonstrated as called for in the sunset clause so therefore the easement is in fact extinguished. By a second method called for in the sunset language the easement would be extinguished by the availability of connection of any/allnew buildings (bakery) on the site toJhe public sanitary sewer service that MUST be constructed to operate the new facility (this would be true so long as the new public sewer facility would service the "benefited" property described in easement no. 3 of the doc. which it will.) if you or the developer (or title company) feels a need for something stronger then WILDISH INDUSTRIAL DEVELOPMENT CORPORATION can simply sign and record a quitclaim deed for that 5/17/2005 Message , Page 3 of3 . easement (sanitary sewer easement number 3 as described in document recorded July 16, 1980 on Reel1083R at reception no. 8034816 Lane County Oregon Deed Records...) which would be a further perfection ofthe release of the encumbrance...bu(1. feel it is unnecessary. The UtIe company may prefer that however since that relieves them of ever having to determine if the sunset conditions have been met. Turf 5/17/2005