HomeMy WebLinkAboutComments PWS 9/9/2008
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L1MBIRD Andrew
From: MOORHEAD Chris
Sent: Friday, September 05,2008 11 :14 AM
To: Renee Clough
Cc: HUNTER Peggy K; L1MBIRD Andrew; ERNST Dennis
Subject: KNIGHTS PARTITION
Hi Renee,
I regards to the Knights' partition, we were waiting for an opinion from the CitY Attorney about that easement
granted to the City just adjacent to the subject property of the plat, and about whether the City can accept that
easement over property outside the city limits, Andy Limbird and I were able to meet with Joe Leahy last Friday
afternoon (8'29) and that item was discussed as well as a couple .other items that surfaced when dealing with that
issue,
i,
First, in going over the background of the project and existing conditions, Joe noted the existing easement
adjacent to the South line of the subject property providing access to th~ property to the SE, tax lot 501, It is
apparent from the Site Plan that the access to tax lot 501 is actually through the existing roadway which is on the
subject property. So the private easement document (or documents) needs to include access rights to the
owners of tax lot 501 as well as the access rights to the O'Neill's.
Second, Joe suggested that the "sliver" shaped easement on the O:Neill's property should be a private easement
between the 3 parties (for the use of the subject plat, the O'Neill's and the owners of tax lot 501) rather than the
public easement. Also there was concern that the private easement document.(or documents) don't clearly or
absolutely address the eventuality of the necessary annexation of the area for the public road, For example' it
could have a note stating something along the lines of the following: "The owners of all property described herein
covenant to dedicate to the public the entire width of the easements in the event that a public agency officially
declares that such a dedication is needed in the public interest."
Also, there is concern that the 30' temporary private access easement (on the subject property and shown on the
plat and described in the Declaration of Private Easements document) is not clearly addressed as being
eventually annexed as a public road. The note there (#4) just states that the easement expires "if' the ROW is
extended. We would like it to be clear that this is riot a private easement that the parties could just get together
and void if they feel inclined to do so at some time in the future.
I discussing this further with Dennis Ernst, he had the idea that maybe it would be easiest to address the entire
access easement (both the part, off the subject property and the 30' on the property) in a single document. This
would make it easier to state all of the components of the access easement (including the future public road
dedication note above) in one place instead of 2 separate documents. Also, then these components don't need to
confuse the "Declaration of Private Well, Private Waterline, and Temporary Private Access Easements" more than
needed. The other components that need. to be in this access easement document are a note allowing
emergency vehicle access and service vehicle access (like garbage trucks) and something addressing who is
responsible for the maintenance of the road. The allowance of emergency and service vehicles could be
addressed with a note along the lines of "This document is not intended to, in any way, prohibit the normal and
necessary access of police, fire, or other emergency vehicles or personnel, or the normal and necessary access
of utility or community service vehicles or personnel within the easements that are the subject of this document."
To summarize, the City requires that:
. The access easements related to the necessary and existing access to the subject property and the
adjacent properties include access rights for the owner of Tax Lot 501.-
. The access easements clearly state that the easement areas are subject to the eventual dedication of road
to the public and the owners of the property covenant to dedicate the easement to the public at that time.
, .
. The access easement across the O'Neill lands is dedicated as a private easement instead of the public
easement as currently proposed.
9/9/2008
~ate Received:.J/i/,zOor
planner: AL ,
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If there are any questions or comments about these suggestions please',contact me for clarification. We can also
sit down and go over these points if needed. '
Thanks, Chris
Chris Moorhead, PLS
Surveyor, City of Springfield Public Wor*s
22S Fifth Stree~ Springfield, Oregon- 97477
Tel. 541-736-1011
Fax 541-726-3781
cmoorhead@ci.5/lfingfield,or.us
" DatE! Reeeived:.J/J/)Plf
Planner: AL
9/9/2008