HomeMy WebLinkAboutCorrespondence LCOG 5/17/2005 (2)
Message
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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
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. 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