HomeMy WebLinkAboutEasement APPLICANT 12/31/2008
, ,
Recorded at the request of
aftu recording. return to:
Bmnch Engine<ring !ne.
310 Fifth Street
Springfield, OR 97477 .
~ivislon or ef~er Deputy Cle~k
Lane Counly needs and Records
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1094971520070071 2.00.'006 10/11/2007 11 :23:56 AM
RPR-ESMT Cnt=2 Stn=15 CASHIER 06
$5.00 $35.00 S10.00 $11.00
2~~7.~1~12r
$61.00
EASEMENT GRANT AND. <!.nidlNATION AGREEMENT
BETWEEN:
Dana R. Schulz and Barbara A. Schulz
(Sehulz)
AND:
Hyland Business Par~ LLC,
an Oregon limited liability company
(Hyland)
EFFECTIVE
DATE:
The latest date' this agreement is signed by the parties.
RECITALS
A. Schulz is the. owner of the real property described on attached EIhlbit A (Schulz
Property.) .
B. Hyland is the owner of the following real 1'.~t--~j (Hyland F.~~nj):
Tmcts "An and "B", JEFF PARKER SUBDMSION, as filed and recorded
September 9; 2002, Reception No. 2002-069738, Official Records
ofLalle County, Oregon. / .
C. Tmct A is currently burdened with a 60- foot easement for roadway along its easterly line,
as created by a document recorded August 6, 1945, Book 293, Page 606 and 607 (Existing
Easement). The Existing Easement is ~1'~;.....antto and benefits.the Schulz I\_..".:j.
D. Schulz and Hyland desire to terminate the Existing Easement and create a new easement
over the portiOn of the Hyland r '~1'"..j described in attached Exhibit B and shown on attached
Exhibit C (New Easement Area). However, because govemmenta1 approvals have not yet been
obtained to construct access to Commercial Street at the location of the New Easement Area,
termination of the Existing Easement and creation of an access easement in the New Easement
Area needs to be conditioned upon obtaining such approvals.
Easement Grand and Termination Agreement - 1
Date Received:
DEC3 1 2008
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Original Submittal
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AU.~~ldENT
1. Grant of New ElIllement. Subject to the Approval Condition (defined in pamgraph 3),
Hyland hereby grants a perpetual, nonexclusive easement for the benefit of the Schulz r.up~.j,
over and across the New Easement Area on the Hyland Property (New Easement).
2. Termination of Existin" Easement. Subject to the Approval Condition, Schulz
1erm;notA, the EXisting Easement. >
3. ADD""'llt CODdition. The granting of the New Easement and termination of the Existing
Easement are subject to and conditioned upon Schulz obtaining all permits and other approvals
which Sclm\z determines are a..y,~y.;are and necessary for construction of an access road wilhin
the New Easement Area and connecting the Schulz yw......j to Commercial Street, as shown on
Exhibit C (Approval Condition). When Schulz has determined that the Approval Condition has
been satisfied, Schulz and Hyland, or their successors in title, shall execute and record a
document confirming removal of the Approval Condition and the un~onal grant of the New
Easement and tennination of the Existing Easement If such a document is not signed and
recorded within one year after the etfective date of this agreement, this agreement shall be void.
4. Pul'lKll(e of New Easement. The y_ r'~ of the New Easement is to provide access,
including both ingress and egress, over the across and New Easement Area to Commercial Street
and for the installation of utilities for the benefit of the Schulz Lvp....j.
5. Improvement of Roadwav. Scbnlz shall be .~t"'~;ble for construction of a roadway
, within the New Easement Area, to City of Springfield standards and requirements.
6.' .Hvland'. Use. Hyland shall have,the right, for the'benefit of the Hyland Property, to use
, the roadway constructed by Schulz within the New Easement Area and to install utilities in the
New Easement Area.
7. Maintenanre. The roadway COIISlrIIcted by Schulz within the New Easement Area shall
be maintained by Schulz and Hyland in y, ~,.~' ;';on to use by the Schulz r. _,...;; and the Hyland
Property; provided any damage caused to the roadway by either party, or their respective
employees, agents, contractors, occupants or ~" ~"'" sball be repaired by that party.
8. New Easement Rnllll With Land. The New Easement shall be appurtenant to the
Schulz Property, shall run with the land, sball be binding upon Hyland and Hyland's successors
and assigns, and shall inure to the benefit ofSchuIz and Schulz's heirs, personal repre....;..;,;Jes,
successors and assigns, including successors in interest'to title to the Schulz r ."r "" ;,:.
9. A~rnev Fees. In any proceeding to enforce or interpret this agreement, the prevailing
party sball be entitled to recover from the losing party reasonable attorney fees, costs, and
expenses incurred by the prevailing party befure and at any trial, arbitration, bankruptcy, or other
prlK'-Aing and in any appeal or review;
10. ;Modification. No modification of this agreement shall be valid unless it is in writing and
is signed by all of the parties. '
n::at" R"""ived:
Easement Grand and Termimrion Agreement - 2
DEe 3 j,2008,
Original Submittal
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11. ' Intelmltion. The agreement is the entire agreement of the parties. There are no
promises, terms, conditions; or obligations other than those contained in this agreement. This
agreement shall supersede all prior communications. '~1'.....,,-;..jons, and agreements, oral or
written, of the parties.
U. Interp. "",~. ,.. The paragraph headings are for the convenience of the reader only and
are not infP.nrl...l to act as a limitation on the scope or meaning of the paragmphs themselves. This
agreement shall not be construed against the, drafting party. '
'13. Severabilitv. The invalidity of any term or provision of this agreement shall Dot affect
the validity of any other provision.
14. Waiver. Waiver by any party of strict performance of any provision of this agreement
, shall not be a waiver of or prejudice any party's right to require strict performance of the same
provision in the future or of any other provision.
15. Governinl! Law. This agreement shall be ;";".",l>ted and enforced according to the laws
of the state of Oregon.
16. C'!on::.... _4.:.... This agreement may be executed in multiple ev..".....I'arts.. each of which
, shall constitute one agreement, ,even though all parties do not sign the same counterpart.
17. Exhibit!l. All exhibits ,~:~...A to in this agreement are inev'I'V'4..A by reference.
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S bora A. Schulz ~
Hyland
Hyland Bnsiness Park, LLC
By~.~ ~
Member c;./
(notazy acknowledgements on following page)
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Easement Grand and Termination Agreement - 3
DEe 3 1 2008
Original Submittal
STATEOF 6YQ~
COuntyOfCJA~6 '
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Thill instrument was acknowledged before me on this
2007 by Dana R. Schulz and Barbara A- Schulz.
t()~ day of nk
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OFFICIAL SEAl
BECKY L ATHERTON
NOTARYPUBU~REGON
COMMISSION NO, 417497
MY COMMISSION EXPIRES JUNE 4 2011
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Notary Publio-State of 6Y~
STATE OF OREGON )
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County of Lane )
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-II tlOIlHAHlIIDI
IIOfARY PUIlUC-OREGON
COM''''lllllON NO. GlJ&02
Easement Grand and Termination AgreeIllent - 4
Date Received: ,
DEe 3 1 2008
Original Submittal
.l!.AttmU "A"
, Schulz Property
..
B~glnnlng at the IntarsectJon of the North line of the J. C. Carter Donation Land Claim No, 68;
NotfffcatJon No. 7486, In TownshIp 17 South, Rengs 2 West Of the W11lsmatts Meridian, with
. ths Esst IIna of tharlght-of-way of th~ Wandllng'Branch of the-. Southam paolllc Rallroed;
thsncs South 890 38' Eaat see faa~; thanca South DO 21' W8$t300 faat; thance North 720 .
39' Waat 88.8 faat; thenca North 630 60' Went 108.9 feat; thence North 72. 46' Weet
, 015~85 faet; thanea South 77. 2B' Wsst 102.7 teeti th8nce South BO. 59' 30" W&ill 203.M
fest;thsnoa North 0.22' Eaat 268fnt lo-ths Place of Baglnnlng-,Jn lane County; Oregon:
ALSO:' Beginning st a Point In the South Una otDonatlon Land Claim No. BO, 691.37 mat East
'of tha Southwest oomar of said Donation Land Claim, said point e1so bab'lg In the Southerly'
line of the land dallCrl5&d In daad ~om Wsyathaouasr Timber 1;ompany fO Southern 'Paclflo
Company dated, November 26, 1963, recqrded'Dn R991 No. 37-640, May 4, 1964, Lane
'County OrBllon Dsed /'lacorda; thanes Notlh 1 0 41' 30. Eut. contlnulnl1 along Jlslil Southerly.' '.
)ltIe, '10.38 feet to apalnt; thencil Northwesterly, l1ontlmdn9 along aald Soll1herly line, on a
ourve to tha right having a radius of 748,~feat Itlll1tlent to sald curve beara HortA.720 58"
. 53".West and cl)ord of a!lld',cU1V8 bears NDrth:690 62' 31" Wast 338.48 feet) and OJ'!:
dlst.anoe of 341.30 leat to' 8 point: thance Easterly, slong a line concentrlo with IIIld dlatint
20 fsat roeasu{ad ndlally from the looeted ceplllr IIns of th.. vJye traCk on," Cl\fVa b,-the right
havlRg, a nidlus of 317.34 fast It!lngent lit said curva baats North 690 51' 61" East rmd chord
of saId cuiva bears South 7B. 40' 03" East 331.31 fut! an Mo d1stanca of 348.66 fellt to
a' point; thence South 470 12' OS" Eailt76.11 feet to a point; thenoe Sol.lthe8S\erly 01\ a
. curve to the left l1avln'g SJadlua of 357.34faetllllllllent to ",Id aurv<l at failtmentJoned point
. In last dascrtbed course and chord of said' CUIVIl bears SOuth 4lI 0 07' 04" ESst 1 1 .44 feet) an.
. 'ofo.dlatallca of 1.1 .44 met to e point; thanes South 1" 47' 30"'Wast'59.62 fSafto a point In
the South IIn.. of Oonstlan land Clalfn:No. 80; thenaa North 8S. OS,'3e" Wtaat, alOl1jJ aald
South \lna of Donation Land Oalm No. 8t!, 94.22 faet to tha Point of 8agrnntng, In Lane
. County, Oragon;, " .
. ,
.. ALSP:. Beginning Ijt th8 Point of IntelS!lOtlDn of the South Ilns of said Donation Land Oalm
NO'. aD wllh ths Eastally'. flna of a strfp of.lool1 100 filet to wIdth cDnvayed by Pressley'
Comegys iIlId w!fa to Southern Pacific Company by a dasd datall August 22,,1899, and
reoardad In Book 47, Pag" -<<lS, Lan" County Oregon D1MId Reoorde, aald Point Of Beiilmlng
belilg 1 20.00 feet East of tha Southwest comar of aald, Donation Land ,Claim; thence South
B80 Q6' 36" East along Bald South Ilna for aOllltancil of 471.4 feat;'mDr!l or less, to a Iron,'
pIpe at the Southell!it.oomer ot'Sald treot <(omioyod to thSl3rantor harllln'by saId diled,dated..,'
February 20, 1947;thenoa North 1 0 47',30" Esslalong the EUlllne of. said last men'\fDned .
, tFaot for a dl8tapca of, 10.36 faet to a pDlRtwhlch,1a 30 feet So'llllwaatartv, maasured rad1aUYi
, ftomthe c,enter Une of ths a1dst1ng rellrosd, said point being 1Il\l P.oint oftangancyof a 746.34
" fOOl radIus "urve.wllh eUne baerlny North 72. 44' 53" West; thsnae Notthweatetly aJPI19 said
curve tD the right Ithe chord, of ssld curve bears NoM 4BO 31' DO" West 612.60 feet) pllrBllal
to the oantar Ifne ofllald railroad for 'an aro,dl8tance of 631.261aet. to a point on the Easterly,
. 11no of SoU1hem ,Pliolflc 'Company's aald strip; 1heRc8SoUlli 1" 47' 30" West elong said. ~
r;!'llterl'f. lIna for a dlstllOl:e of 400.65 !sat, mora or lass, to ,the Point of Bsglonli1g, In Lane
, County, bregoll; . .
EXCEFTINGI THERliI'ROM: BegInnIng ot l!l11fon pipe ot the po"'t ~{ IntaFesotlon of the South
line of Oonallon Land Claim No. 80 with tl1a Eastarly Ilns of a atrip of land 100 feet In width
oOCIYsyed by Preas/sy Comegys and wife to SouthSI'!l Pacific Company bydaed dared AllQust
22, 1899 end recorded In Book 47, pega 498, Lena ,CoLlnty Oregon Deed Rscorda; thanea
North 1047' 30" East 400.66 feet toe point 1l)1hs Southerly line of tha land described In '
deed from W~YarhaeuserTlmber Company to Southem Paclfla Compeny dated Novembar 26, '
. :1953, recorded on Rlle137-1540, May 4,1964, Lane County Oragon Deed Recorda: thence
: .Sot,lth<!88ferfr, '.Iong a llno concontrla wIth, and distant 30 ,"t measured I'lIdlsJly from f!ja'
Drlglns! located centsr'llna, on B curva to the left hsvlng a radius of 748.34 fset (tangent to
. liald CUNe beers South 2.40 09' 33" East end chord of saId curVa bean South 35" 09' 33"
'East 266:67 feet) and llrC dlstanoe of 290.4Ofssl to a PDInt; thence Southwesterly on a cUrve
to thalBft hsvlng a radius of 314.34 faat (tanganllo saId OWVe bears South 89" 52' DO"
West and chDrd Df said CU1V8 bellrli South 47" 21' 49" West 242.91 fest) an arc dIstance Df
249.27 feat to the'Polntof B!llll,nnlng, In Lana CDunty, Dragon,'
, Easement Grand and TerminAtion Agreement - 5
Date Received:
DEe 3 \ 2008
. 'oa\ submittaL
Ongl
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EXHIBIT "B"
Description of New Easement Area
SITUATED in the City of Springfield, Lane County, State of Oregon in the Northwest
1/4 of Section 31 In Township 17 South, Range 2 West of the Willamette Meridian and
described as follows: '
D.I!......b cOntiguous portions of Tracts "k' and "B" of the Jeff Parleer Subdivision as
platted and recorded September 10, 2002, in the Plat Records of Lane County, State of
Oregon; the perimeter of said portions being more particuIarly described as follows:
BEGINNING at the southwest comer of said Tract "B" as said point lies on the
nOrthwest maigin of the transition between Commercial Street and 30th Street as said
comer and streets are shown on said plat; J.nJ!.l"t;J!;, leaving said POINT OF
BEGINNING and along said nortbwcst margin and southeast line of said Tract "A",
along a curve to the left, having a radius center that bears SOUTH 340 58'06" EAST
230.00 FEET, a central angle of 060 13' 25" and a long chord of SOUTH 510 55' 11"
WEST 24.97 l'J:ilil, an arc length of 24.98 FEEf to a point of non-tangent line;
THENCE, crossing said Tract "A", NORTH 240 04' 22" WEST 82.62 FEET to a point
on the north line of said Tract "A"; THENCE, along said north line, sourn 730 00' 50"
EAST 55.78 l'J:ilil to the most northeasterly comer of Tract "A" as said comer lies on
the west line of aforesaid Tract "B"; .LnJ!.HCE, along said west line of Tract ''B'',
NORTH 000 00' 50" WEST 84.00 FEET to a point;lnJ!.i'lCE, perpendicular to last said
west line and crossing into said Tract "B", NORTH 89" 59' 10" EAST 22.00 l'ttH to a
point on a line that, lies parallel with and 22.00 feet easterly, by perpendicular
measurement, from said west'line of Tract ''B''; IJ:t.l!..Nl.;J!i, along said para1lel line,
SOUTH 000 00' 50" EAST 89.27 FEET to a point on a line that lies parallel with and
, 60.00 feet northeasterly, by l'....l'.....dicu1armeasurement from aforecalled course that has
a bearing of North 24004' 22" West; . nJ!.,. CE, leaving said point and along last said
pamllelline, SOUTH 240 04' 22" EAST 22.141'tJ:H to a point of non-tangent curvature
to the left that lies on the aforesaid north margin of the transition between Commercial
Street and 30th Street; and THENCE, along said north margin and curve to the left,
having a radius center that bears SOUTIl250 59' 31" EAST 230.00 FEET, a central angle
of 080 58' 35" and a long chord of SOUlH 590 31' 11" WEST 36.00 l'J:iliT, an arc length
of 36.03 l'J:ilil RETURNING to the POINT OF BEG....h.li.G and CONTAINING
4,928 Square Feet (0;11 acres) more or less.
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REGISTERED ...
PROFESSIONAL
lAJ.!P SURVEYOR
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oRecl5N )
JULY 20....1993
REX A. ."ETZ
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Easement Grand and Termination Agreement - 6
Date Received:
DEe 3 1 2003
Original Submittal
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Jl.'.AtUJtu., "C"
Diagram of New Easement Area
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PROFESSIONAL
LAijD SURVEYOR
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OREGON .
JULV2Q,1993
AEXA. BETZ
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NEW ACCESS E'J'J~E'MI!'.vr
AP.E'A
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Easement Grand and Termination A.,...,,_ent - 7
R . 'd"
Data ElCelve...,
DEe 3 1 2008
Original submittal
Recorded at the request of and
after recording return to:
Branch Engineering, Inc,
3 I 0 Fifth Street
Springfield, OR 97477
DECLARATION OF EMERGENCY VEHICLE ACCESS AND
PRIVATE JOINT-USE ACCESS EASEMENTS
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) DANA R. SCHULZ AND BARBARA A. SCHULZ, Grantors, are the owners of the lands
that are described as Parcels I, 2 and J in that Statutory Warranty Deed that was recorded
April 19, 2006 at Recorder's Number 2006-026813 in the Official Records of Lane County,
State of Oregon,
2) The owners are dividing said Parcel I into three parcels as shown on Land Partition Plat No.
2009-P as partitioned and recorded in Lane County Oregon Partition Plat
Records.
3) The owners desire to create an easement and define maintenance responsibilities on certain
areas and facilities over said Parcels 2 and 3 for the benefit of future owners of the parcels of
said partition and Parcels 2 and 3 of said deed as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: DANA R. SCHULZ AND BARBARA A. SCHULZ hereby create a
perpetual easement for the benefit of the parcels of said partition and Parcels 2 and 3 of said
deed over that certain area described in Exhibit 'A' as said easement lies in Parcels 2 and 3
for private access and emergency vehicle access purposes,
B) Use of the Burdened Prooertv: The owners or occupiers of Parcels 2 and 3 of said deed shall
have the right to use their property, including the areas described as the easements, for any
purpose as long as the owners or occupiers do not interfere with the use of the easements as
granted by this instrument. No vehicle parking or storage of vehicles shall be allowed by any
party within the easement area, includin'g the agents, employees, tenants, and invitees of said
owners.
C) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway
improvements within the easement area shall be split equally between the owners of the
parcels of said partition and Parcels 2 arid 3 of said deed.
D) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of the parcels of said partition and Parcels 2 and 3 of said deed, and are intended to be
covenants and restrictions running with the land. All provisions of this instrument, including
the benefits and burdens, are binding and inure to the heirs, successors, assigns, transferees,
and personal representatives of all owners of any of the aforementioned parcels.
E) Easement Revisions: The location of this easement may be revised at anytime by a
document recorded in the Lane County Oregon Official Records. This document does not
need to be approved by the owners of the parcels of said partition; revisions to the easement
alignment can be at the sole discretion of the owner( s) of Parcels 2 and 3 of said deed. Any
revisions to the easement aligrunent must provide adequate fire truck turning radius.
DECLARA nON OF EMERGENCY VEHICLE ACCESS AND PRIVATE d :''''1
JOINT-USE ACCESS EASEMENTS Date Receive: 1
Page I of3
DEe 3 1 2008
,::~
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Originai Submittpl
IN WITNESS WHEREOF, we have executed this DECLARATION OF EMERGENCY VEHICLE
ACCESS AND PRlV ATE JOINT-USE ACCESS EASEMENTS on this day of
.2009.
Dana R. Schulz
Barbara A. Schulz
STATE OF OREGON
)
)ss
)
County of Lane
On this day of .2009, before me personally appeared Dana R.
Schulz and Barbara A. Schulz and acknowledged the foregoing instrument to be their voluntary act
and deed.
Notary Public for Oregon
Date Received:
DEe 3 I 2008
Original Submittal
DECLARATION OF EMERGENCY VEHICLE ACCESS AND PRlV A TE
JOINT-USE ACCESS EASEMENTS
Page 2 of3
EXHIBIT 'A"
LEGAL DESCRIPTION
For
EMERGENCY VEHICLE
and
PRIV ATE JOINT-USE ACCESS EASEMENT
BEING a strip ofland in the Northwest y" of the Northwest II. of Section 31 of Township 17 South,
Range 2 West of the WilIamette Meridian; said strip being 12 feet on wide, the centerline of which
is described as follows:
BEGINNING at a point on the east line of Parcel 3 ofthat Statutory Warranty Deed recorded on
April 19, 2006 as Reception Number 2006-026813 in the Lane County Oregon Official Records,
said point being approximately 41 feet northerly of the southeast comer of said Parcel andlying in
the middle of a curtently traveled way; THENCE continuing along the centerline of said currently
traveled way the following three (3) approximate courses: (1) along said tangent 100 foot radius
curve an arc length of 90 feet through a delta angle of 51 0 with a chord bearing North 650 West, 87
feet to a point of reverse curvature, (2) along said reverse 100 foot radius curve an arc length of 90
feet through a delta angle of 51 0 with a chord bearing North 650 West, 87 feet to a point of tangency
and (3) North 89044' West, 100 feet to the east margin of 28th Street, there TERMINATING.
The sidelines of said strip extending or shortening as needed to intersect the east line of said Parcel 3
and the east margin of said 28th Street.
,
,
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[;'i.
Date Received:
DEe 3 I 2008
Original Submittal
DECLARATION OF EMERGENCY VEHICLE ACCESS AND PRIVATE
JOINT-USE ACCESS EASEMENTS
Page 3 of3