HomeMy WebLinkAboutApplication APPLICANT 10/3/2007
. City of springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Lar:'d o.ivisi~n Plat A~~licatiorl,:rv
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Subdivision Plat: 0 Partition Plat:
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Applicant Name: ']) eb<H,~ . ~<"'r2oc h (~Phone: 15l<,. :S~.?,,cl .'
Company: . . .' ,IFax: .1, '.
Address: II' w'!lf W.2-;,!~ ,p!~'~~"':=p'h'oOne~. I q-;zy~ . II
Applicant's Rep.:
Company: I . Fax:' . I 1
Address: I 1
prope; ~~ner: I' ('a 'm'~. " -' '. '.1 Phone: I .'1'
Company: , '1 . I Fax: 1 1
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. ASSESSOR'S MAP NO: . /1- 'oz...-?;?:,-- 2..:S TAX LOT NO(S): t-.r CYr>
. Property Address: '5'050 .""/).. ~+-'<:;O-<r/V..P,,:UA ~ Cf"1l/-::t'i?
Size of Property: . 2- (,7h -if JloO . J . (~~-S-o . t<J Ac~es 0 Square FeElt K .
pr~~osed ~ame of Subdivision: ~16A .~+ro ~'fu::..- ha../Uo.J .
P<V/..h I '" ~ . I.
Description ot'. '. . ....'t\-D.; . rpe-<ti .
Proposal: .
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. Existing Use: .
'" . #: ofLo~s~parcels:;L:.
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. Tentative Case #: .
....Avg~ Lot/Parcel Size:: :. sf.Density:
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. '.' duJacre I
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. Zoning: : .
.... IAPplicable Refinement Plan: .1 /
I Location: . ; . ICitv Limits D
.IAs~.o~ia~ed A~plications:
Pre-Submittal Case No.: .
~0...m {- 0::0 n
IcaS{{ti:lnrr7~rfjY~)l.f Date: lol\IXY',
IAPplication Fee:$;QS.q''1.'' .Technical Fee: $ . . Po~tage Fee:'$
'ITOTA~'FEE'S $$:2,7.rQ,QS .' . Ip~~JECTNUMBER::"
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Overlav District: ' .
Plan Desi9.nation: . .'
Urban Growth Boundarv D
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Date:
Reviewed by:
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Steps in the Process:
. 1. The Applicant Submits a Pre:'Submittal Meeting Applicatio~'
The Pre-Submittal Applic~tion ,is mandatory, Please refer to the Fee Schedule for the current
application fee, The submittal package must conform to the application completeness checklist
attached to this form. Please refer to Page 4 for the Pre-Submittal requirements. Pre-
submittal meetings will be conducted every Tuesday and Friday between 10:00 a,m. and noon.
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We V>{i11 strive to conduct the Pre~Submittal meeting within five to seven working days of receiving
the application. .
2, Applicant and the City conduct the, Pre-Submittal Meeting
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We strongly encourage you, the owner arid design team, to attend the Pre-Submittal meeting.
,The meeting will beheld with representatives from Public Works Engineering and Transportation,
Community Services (Building), Fire Marshall's office, and the Planning Division. The meeting will
be scheduled for 30 to 60 minutes. The Planner will provide you with a Pre-Submittal Checklist at
the end of the meeting specifying the items required to make the application complete-if it isn't
already complete. You will then have 180 days to make the application complete for submittal
and acceptance by the City,' '
3. Applicant Submits a Complete Application
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, When you have addressed all of the items on the Pre-Submittal Checklist, please submit a
'complete application to the Survey Section located at' the NW-Quad of City Hall. Refer to page 5 '
for the submittal requirements; The plat application fee will be collected at that time if the
application has been deemed complete, After Surv~yin'g and Planning staff checks and signs the
mylars the plat may then be recorded. by the appli.cant's surveyor at Lane County.
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. AFTER RECORDING: ".. , ' .
Submit Five (5) recorded rolled paper copies of the 'plat along with Three (3) copies of required
documents delivered'to the De,velopment Services Department prior to the,issuance ofany
. building permits. ) . .. '0 '
.?wner:'s Signature
This applicatiOn will be used f6r'both the required.Pre-Submittal Meeting and subsequent complete
, application submittal, Owner's signatures are required at both stages in the application p'rocess.,
. An appliCation without,the Owner's !)riginal signature will not be accepted," '
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,The undersigl')edacknowledges that the information in this application is cor:rect and .accurate for"
scheduling of the Pre-Submittal Meeting. ' , . ,
, Owner:
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I represent this application to be complete for'submittal to the City. Consistent with the
completeness check performed on this application at the Pre-Submittal M~eting, I affirm the
information identified by the City as necessary for processing the application is provided herein or
the, information will not be provided if not otherwise contained within the submittal, and the City may
begin processing the application with the information as submitted, This statement serves as written
notice pursuant to the requirements of ORS 227.178 pertaining to a complete application ' '
Owner:
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Plat applications will be Ilrocessed as follows: (See attached Plat Review Process Flow Chart)
1.
,2.
3.
,The applicant submits a Pre-Submittal-meeting application.'
Within five to seven, Y"orking days, the applicant and the City conduct a pre-submittal meeting:
The applicant coordinates any additional rev,iew of the plat and other required documents with
representatives from the City's Planning, Public Works Engineering, and Surveying Section.
4. '.The City Surveying Section will notify the applicant's Surveyor when the plat and other
documents are sufficiently refined to allow.for the submittal of the plat mylars. '
5. The applicant submits: ," "
a. The Mylars and all final documentation to the Surveying Section located in the NW Quad
Section of City Hall. ' ' . , , ,
b. If document set is complete, applicant submits to Planning the Plat application, a copy
of the mylar and final documents as'well as financial securities including the application
fue. , ' ' '
6.' The,City Surveyor and Development Services Director may sign the final plat,if all other ,
,', conditions and requirements are fulfilled.." ,:,;,,: " " " .,' i., ': . ,.' :
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7.' ',The plat mylars may be delivered to Lane County for recording by the applicant's Su'rveyor or
, , whomever the Surveyor authorizes., ' ,.' ," ,'.',' ' ,--' , "
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.AFTER RECORDING:..,. : " ';'. ' ',.:
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8., The applicant shall deliver Five (5) recordea rolled plat paper copies, along with Three (3)
copies of any other recorded required documents to the Development Services Department
prior to the iss~ance of any building permits,~,:, , , ,~. ", ' ,
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PRE-SuIITTALCHECKLIST FOR INTAk,-~j:FIN~L PLAT
PARTITION OR.5UBDIVISION NAME: ~('nr (" I"c- I'M /-h~~ '
OWNER/D8ICLOPER: " <1)e.~~ 04-r"'r''\^\;',-
DATE RECEIVED: SURVEYOR: '
PLANNING CASE NO: (tentative) (final)
REQUIRED DOCUMENTATION:
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L 0 Final plat application.,
2. 0' A letter which lists and addresses each of the Conditions of Approval, and details the
actions taken, and current status of each item.
3. 0 '9 paper copies of the plat stamped and signed by the surveyor.
4. 0 2 copies of closure sheets for the boundary,and each lot or parcel and all common areas,
dedicated areas and easement areas that are not simple parallel offsets.
,5. 0 2 copies of title report or subdivision guarantee for the parcel being divided. The title
report must be dated within 30 days of submittal at the ,time of t~e final submittal. An
older report isOK for the,initial review. ""
6. 0', 2 copies of each of the reference documents and plats listed on the plat.
7. D. 2 copies of each of the supporting documents: the vesting deed (must vest title to the
owner listed on the plat); existingea'sement deeds, and documents listed as exceptions in
the title report, etc. ' " ' " ,
8. 0 2 draft copies of any STREET DEDICATIONS (In the City of Springfield street dedications
on Partitions must' be recorded by separate document per SDC 34.090 (3)(i) [surveying]
9. 0 2 draft copies of any NEW easements or restrictions being created by separate document,
,improvement agreements, maintenance agreements, join't use ingress/egress and utility
easements,sewer hook up in lieu of assessment, and any other documents that will be
recorded together with the plat or that are required by the Conditions of Approval. ,
10.' 0' 2 copies of a Consent Statement (Concurre'nce) on'the plat (to be signed by the lender
prior to' finai approval) OR 2 copies of an Affidavit of Consent ,by separate document is,
,required from all Trust Deed, mortgage or other secured loan interest holders against the
" property.to be recorded simultaneously with the plat IF any public dedications or
easements are being m,ade,andJor any other interests are beingtransferred to the public.,
ORS 92 075 '(2 4) ," ",' , :,,' " " " " . :" : ' ..
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, 11., D Copies of wetland documents as required.'.' ',' " ',',", " '
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'12. 0 Copies'of ODOTAccessPermitsas required, , " ,
13. : 0 ' One draft copy of Bargaina~d Sale deed for RE'SERVE STRIPS (Wet;~ve'a boiler plate for
,,' 'this purpose),::':' :" ,,',,' "':" ": ' , '
14.0' Ve'rification that st~eet tree agr~e~ent is inp~ogress as requirecC, ':,
15. 0 One draftcopy of the Conditions, Covenants& Restrictions (CC&Rs).
16. 0 Post monumentation deposit asreq~ired. Check with surveying for current fee, Surveyor
provides a boiler plate deposit form for this purpo'se. (Applicable to subdivisions only). '
17. '0 The location of the f100dway of f100dway fringe in accordance with Articl,e 27 of the'
Springfield Development Code. ' , '" , ,
, 18.0" Existing easements must be clearly identified with their recorded reference,' New
easeme~ts and reserve strips must be referenced in the .owner's certificates of dedication.
The purposes, of easements must a,lso be identified on the plat. " ,
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225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
Job/Journal Number
SUB2007-00054
SUB2007-00054
Payments:
Type of Payment
CreditCard
cRcceintl
RECEIPT #:
Description
CTY Partition Plat
+ 5% Technology Fee
Paid By
DEBORAH STROLlC
~ity of Springfield Official Receipt
.Jevelopment Services Department
Public Works Department
2200700000000001542
Date: 10/03/2007
Item Total:
(;heck Number Authorization
Received By Batch Number Number How Received
emm 31303c In Person
Payment Tota.:
Page 1 of 1
II :03:49AM
Amount Due
2,599,00
129,95
$2,728,95
Amount Paid
$2,728,95
$2,728.95
10/3/2007
.
~J'rii 2007 8:47AM
W..tefn 'Title Eugene
No 5754
p, 2
WESTERN TITLE & ESCROW COMPANY OF LANE COUNTY
EUGENE OFF1C::E"....gl'/ uAKWAy lWAD, SUJTE~'JO. 1'0 I~OX 10%0. EUE:=':, Oreei1n 9744()OO("l4l )4!':'l.)'in. FAX (:141)4SS.3597
FIRST SUPPLEMENTAL SUBDIVISION GUARANTEE
POAGE ENGINEERING &SURVEYING mc
, A TTN: .lOHN OAKES
PO BOX 2527
, EUGENE, OR 97402
RepOrt No: 50-0479105
Your No: --
Subdivider DEflORAll snWCllUC
SUBDIVlsrpN GUARANTEE
!.iUY J;;K1'IMJ;;NT :s.t;;KY 1(;,1;; lfj;;,lj;
$200:00
,----~-c---..--..$i5:'OO.. -
Wcglc':;"Title & ESCl'(}W Company of Lane County
, Guarantees
The Oregon Real ESl1ltc Commi"i~ner, and <ill) Counly or City within which said subdivision or proposed
subdivision is located, ' '
That. according to the: public records which impart constructive notice or mall,crs affecling I.iUe 10 Ille
pn..'miscs ncrctnaftcT referred to, we'find:
Dated a.. of August 31. 2007 al 5'00 P ffi, title is vested ill:
DEBORAH STROCIILIC
We also find the following apparent eneuinbranees, wluch includes "Blanket bnclllllbranccs" as defined by
, ORS 92.305 ~]) and also casements, restrictive covenants and rights of way within a period of tell years
prior to the effective d(l.1.C hereof"- .
'I 2007-2008 taxes, a lien in ,31\ amount\.0 be determined, bul'not yet payable
2 An "''ls~nent cTC>lled by instrument, including the ten~s and provisions tllereoi;
Recorded: January 25, J 940
Vohune 202, Page 262, Deed Records '
Between:. . Eugcnc-Sp'0Tlgficld I:..a!ld .and W1HLT Cornp;my alid P B 'SiulTnOTIS and
ClaraD. SilllOlL,
And ITIodified by deed,
Recorded', , Peeember 21.; 1946
Volume 338, Page ,,07, Deed Records
S e R 11 2007 8 : 47 AM
Wo'ter~ Ti tJ e Eugene
. No 5754
P 3
, Order No 50-0479 J 05
Page No. 2
3.. COVCI\;1Uts, casements 'and rt:sti-ictibns~ but omitting restrictions, if anv> hased OJ\ race, c(llor,
religion, nalional Origin, or physical or mentall"mdieap, jmPos~d by instrument, including lhe
terms. and pro"i~ions IhCrtor.~ .
Recorded: Sepl.embc'1:9, 194(,
Volumc -",0, Page 348, Deed Records
4. An Cll,emcnl cTcaled by instnni,lent, incliIding tlle terms 3lid prO\'ision~ lhereM,
Recorded: March 28, 19G8
DoclUnelll No.'. 18959. Official Records
In favor of:. City or Springfield
5 lntentiorullly deleted.
NOTE' Taxcs paid in f!.l11for the year 2006-2007
, Original Amount: $777. GG
. -~'1'ax-b0~N0c----"..~",..-i-7-(J.2~,.}-H'I)(,H)8~'
Aeconnt No..: 0133254, Code .19-00
NOTE' ll\C gU~IT<Jntee doe~ not provide: aairmativc assut'allCCS3s LO the.provisioIls or ORS 92.012 ~
.92,190 which requires that ml)~ division of an e~sting 'parcel is a partilion requiring govCTT1TTlLtltal
approval
We have also searched O!J! GeneTa] Index rOT judgments and State and Federallicns against tlle gr311iees
illlmedabove and filld:
NONE
The premises arc in LlTIc COUllt)', alld arc. described as follows:.
The West,58,O feel of Lol2, Block 4, SIMMONS ADDmON, as platted and recorde,d ill
Book 12, F:age 26, Lane,Coulliy Oregon PIal Records, in Lane Comity, Oregon.
TIli~ i~ riot H rqJOrt lssut:d prelllrin.ary to the issuance of a Title Insurance Policy. Our search is limited to
.tlle time specified in this Guarantee and the use hereof 1s intended as an UlrormatiOllal rcpOTI oIlly, 10 bc
nsedill cOltiullction witl, Ihe dcvelopment oEreal proper!)'.
Liability hereullde: 1s limited toa.1! aggrc"gn1c sum of not to exceed $200,00.
Any questions concCTTIing Chis Subdivision Guarantee ShOlUd be directed to Jcrrilyn Eggcr~' at
(541) 43H71O
NOTE: For copies of exceptions please call our Cu,,-tomer Service Department at (541) 284-8011 or ,
email YlJUrrequesttoeul!ene{iilwe~iemtitle.com
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WESTERN TITLE & ESCROW COMPANY OF LANE COUNTY
EUGENE OFFlCE. 497 OAKW A Y ROAD, SmrE 340. PO BOX 10960 . Eugene, Oregon 97440. (541) 485~3"588 . FAX (541) 485~3597
SECOND SUPPLEMENTAL SUBDIVISION GUARANTEE
j
POAGE ENGINEERING & SURVEYING INC
ATTN: JOHNOAKES
P,O, BOX 2527
EUGENE, OR' 97402
Report No: 50-0479105
Your No: --
Subdivider: DEBORAH STROCHLlC
SUBDIVISION GUARANTEE
GOVERNMENT SERVICE FEE
$200:00
$25,O(J
Western Title & Eserow Company of Lane County
Guarantees
The Oregon Real Estate Commissioner, and any County or City within which said subdivision or proposed
subdi~ision is located.
That, according to the public records which impart constructive notice of matters. affecting title to the
premises hereinafter referred to, we find::
,
Dated as of September 27,2007 at 5:00 p,m" title is vested in:
DEBORAH STROCHLlC
We also find the following apparent encumbrances, which includes "Blanket Epcwnbrances" as defined by
. ORS 92,305 (I) and also easements, restrictive covenants and rights of way within a period often year~
prior to the effective date hereof:
I, 2007-2008 taxes, a lien in an amount to be determined, but not yet payable,
2,
An easement created by instrument; including the terms and provisions thereof,
Recorded: January 25,1940
Volume 202, Page 262, Deed Records
Between: ' Eugene-Springfield Land and Water Company and F,B. Simmons and
Clara D, Simons
And modified by deed,
Recorded: December 21, 1946
Volume 338, Page 307, Deed Records
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1::2-D7
Order No, 50-0479105
Page No, 2
Or'
3. Covenants, easements and restrictions, but omitting restrictions, ifany, based on race, color"
religion, national origin, or physical or mental handicap, imposed by instrument, including tpe
tenns and provisions thereof, >
Recorded: September 9, 1946
Volume 330, Page 348, Deed Records
4. An easement created by instrument, including the tenus and provisions thereof,
Recorded: March 28, 1968
Document No,: 18959, Official Records
In favor of: City of Springfield
5, Intentionally deleted,
NOTE: Taxes paid in full for the year 2006-2007
Origin~l Amount: $777,66
Tax Lot No,: 1702332306100
AccoWlt No,: 0133254, Code 19-00
NOTE: The guarantee does not provide affirmative assurances as to the provisions ofORS 92m2-
92.190 which requires that any division of an existing parcel is a partition requiring governmental
approval.
We have also searched our General Index for judgments and Slate and Federal liens against the grantees
named above and find:
NONE
The premises are in Lane COWlty; and are described as follows:
The West 58,0 feet of Lot 2, Block 4, SIMMONS ADDITION, as platted and recorded in
Book 12, Page,26, Lane COWlty Oregoo Plat Records, in Lane County, Oregon,
This is not a report issued preliminary to the issuance of a Title InsUrance Policy. Our search is limited.to
the ~ime specified in this Guarantee and the use hereof'is intended as an inforrnation~1 report only, to b~
used in conjunction with the development of real property.
Liability hereWlder is limited to an aggregate sum of not to exceed $200,00,
Any questions concerning this Subdivision GUarantee should be directed to Jerrilyn Egger, at
(541)431-3710,
,
cc: idriscollrmci.snrim!field.or.us
cc: ieffi{@.efn.or~
NOTE: Fnr copies of exceptions please call our Customer Service Department at (541) 284-8011 or
em~il your request to eu~ene(Q).westerntitle.com
KuJ (J-01
.to.
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Division of Chief -'puty Clerk
Lane County Deeds d Records ~~~I.~~lolo ')
11111111111111111111 '''"11"'11'''' ""11 "11111 $41.00 i
0096240620070081616003003312/11/200709:14:11 AM I
RPR-ESMT Cnt=2 Stn=l CASHIER 05 )
$5,00 $15,00 $10,00 $11,00
After recording return to:
'Deborah Strochlic
674 West 24th Place
Eugene, Oregon 97405
RECITALS:
ACCESS Al~D UTILITY EASEMENT
Al~D MAINTENAl'lCE AGREEMENT
Deborah Strochlic is the owner of a certain tract of real property located in the Northwest one-
quarter of Section 33 in Township 17 South, Range 2 West of the Willamette Meridian, The
legal description of the real property is as follows:
The West 58,0 feet of Lot 2, Block 4 of Simmons Addition as platted and
recorded in Book 12, Page 26 Lane County Oregon Plat Records, in Lane
County Oregon,
,
The owner is partitioning said real property into 2 parcels as approved under City of
Springfield Planning File No, SUB2006-00035, This easement is being created to provide
ingress and egress across P~cel 1 to serve Parcel 2 with access to the public road and impacts
Parcel'l and Parcel 2 of Land Partition Plat No, _2007-,.02/8.5
~ecorded // LJec _ 2007, Inst. No. 200 7- 1?/6/s
Lane County Oregon Official Records..
DECLARATION OF EASEMENT:
1.
Easement Created, Deborah Stochlic does hereby create a perpetual easement as
described in Exhibit" A", attached, for the mutual and exclusive use of Parcel I
and Parcel 2 of the aforementioned partition plat, as recorded in the Lane
, County Oregon Official Records,.
"
Pumose, .The easement is created to provide for ingress and egress and
emergency vehicle access to Parcel 2 of said Land Partition Plat. The West 13,0
feet ofihe easement may also be used by the aforementioned Parcel 2 for the
installation of private utilities, including, but not limited to water service,
electrical service, telecommunication services, storm water drainage and
sanitary sewer service,
2,
3,
Use of Burdened Pronertv', The owners or occupiers of the parcels affected by
the easement shall have the right to use their property, including the area
described as the easement, for any purpose as long as the owners or occupiers
do not interfere with the use of the easement as granted by this instrument.
However, no parking will be allowed within the easement area,
4,
Maintenance and Renairs, The cost of any maintenance or repair of the area
within the easement shall be borne solely by the owners of Parcel 2 of said
Land Partition Plat. However, any repairs necessitated by the negligence or the
misuse ofthe easement area and rights granted herein by Parcell Qr Parcel 1
agents or invitees shall be the sole responsibility oEParcel!.
"'ReUJ
12-D7
Access Ea$ement and Maintenance Agreement - Page 1
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5, Prooertv Taxes, Parcel I shall be responsible for any real property taxes for the
easement area,
6, Successors in Interest. The provisions of this instrument touch and
concern, and relate to the use of Parcel I and Parcel 2 of said Land Partition
Plat, 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 enure to
the heirs, successors, assigns, transferees, and personal representatives of all parties who own
any of the aforementioned parcels, '
Dated this
d--
day of 01'>1."", 10,0/
, 2007,
~~
Debe~chlk"
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'STATE OF OREGON )
) ss
County of Lane )
On this ~d day of OCtJl:u-r . 2007 there appeared before me, a
Notary Public for the State of Oregon, County of Lane the hereon named Deborah Strochlic,
being known to me, or proved to me by a satisfactory evidence, to be the same person who
executed the foregoing instrument and acknowledged the same to be her voluntary act and
deed, In witness whereof, I have hereunto set my hand '1lld affixed my seal.
~~AAk~
<1/1f)/
CfF1ClAL SEAL
5US..~.N G STQV~~
NOTARY PUELlC. OREGON
CGMMiSS10NNO. 4~0738
MY COPlii\11?SlON EXPiRES SEPT. 13. 2011
Notary Public for Oregon
My commission expires:
~d [.:1-01
Access Easement and Maintenance Agreement -Page 2
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Exhibit "A"
Easement Area
Beginning at the northwest corner of Lot 2, Block 4 of Simmons Addition as platted and
recorded in Book 12, Page 26 of the Lane County Oregon Plat Records, said point being on the
south margin of D Street, 25,0 feet southerly of, when measured at right angles to the
centerline ofD Street; thence along the south margin ofD Street South 89053'00" East 38,00
feet to the True Point of Beginning; thence leaving said south margin and running parallel to
the west boundary of said Lot 2, Block 4 South 00012'13" West 77,60 feet; thence parallel to
the south margin of D Street South 89053'00" East 20,00 feet to a point on the east boundary
of the West 58,00 feet of said Lot 2, Block 4; thence along the east boundary of the West 58,0
feet of said Lot 2, Block 4 North 00012'12" East 77.60 feet to a point on the south margin ofD
Street, said point being 25,0 feet southerly of, when measured at right angles to the centerline
ofD Street; thence leaving said east boundary and running along the south margin ofD Street
North 89053'00" West 20.00 feet to the True Point of Beginning, all in Lane County, Oregon,
~ud
1],-07
Access Easement and Maintenance Agreement - Page 3
, ,
After recording return to:
Deborah Strochlic
674 West 24th Place
Eugene, Oregon 97405
ACCESS AND UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECIT ALS:
'1
Deborah Strochlic is the owner of a certain tract of real property located in the Northwest one-
quarter of Section 33 in Township 17 South, Range 2 West of the Willamette Meridian, The
legal description of the real property is as follows:
The West 58,0 feet of Lot 2, Block 4 of Simmons Addition as platted and
recorded in Book 12, Page 26 Lane County Oregon Plat Records, in Lane
. ,
County Oregon,
The owner is partitioning said real property into 2 parcels as approved under City of .
Springfield Planning FileNo, SUB2006-00035, This easement is being created to provide
ingress and egress across Parcell to serve Parcel 2 with access to the public road and impacts
Parcell and Parcel 2 of Land Partition Plat No,
recorded ,2007, Inst. No,
Lane County Oregon Official Records..
DECLARATION OF EASEMENT:
I, Easement Created, Deborah Stochlic does hereby create ,a perpetual easement as
described in Exhibit "A"; attached, for the mutual and exclusive use of Parcel I
and Parcel 2 of the aforementioned partition plat, as recorded in the Lane
County Oregon Official Records,
2, Purnose, The easement is created to provide for ingress and egress and
emergency vehicle access to Parcel 2 of said Larid Partition Plat. The North '13,0
feet of the easement may also be used by the aforementioned Parcel 2 for the
installation of private utilities, including, but not limited to water service,
electrical service, telecommunication services, storm water drainage and
sanitary sewer'service.
3, Use of Burdened Prooertv, The owners or occupiers of the parcels affected by
the easement shall have the right to use their property, including the area
described as the easement, for any purpose as long as the owners or occupiers
do not interfere with the use of the easement as granted by this instrument.
, However, no parking will be allowed within the easement area,
4, Maintenance and Reoairs, The cost of any maintenance or repair of the area
within the easement shall be borne solely by the owners of Parcel 2 of said
Land Partition Plat. However, any repairs necessitated by the negligence or the
misuse of the easement area and rights granted herein by Parcel I or Parcel I
agents or invitees shall be the sole responsibility of Parcel I,
Access.Easement and Maintenance Agreement ~ rage 1
5, ' Pronertv Taxes, Parcel I shall be responsible for any real property taxes for the
easement area
6, Successors in Interest. The provisions of this instrument touch and
concern, and relate to the use of Parcel 1 and Parcel 2 of said Land Partition
Plat, 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 eriure to
the heirs, successors, assigns, transferees, and personal representatives of all parties who own
any of the aforementiol}ed parcels,
Dated this
~
day of o/>L, VJ"'/
, 2007,
~!t
Deoo~chl
)
) ss
)
On this cRout. day of Ocio&--r , 2007 there appeared before me, a
Notary Public for the State of Oregon, County of Lane the hereon named Deborah Strochlic,
being known to me, or proved to me by a satisfactory evidence, to be the same person who
executed the foregoing instrument ,and acknowledged the same to be her voluntary act and
deed, In witness whereof, I have hereunto set my hand arid affixed my seal.
STATE OF OREGON
i
County of Lane
.'
Notary Public for Oregon
My commission expires:
~~AA~'
1/!f!t/
OFFiCiAL SEAL
SUSA;~ G STOVALL
~IOTAR\' PUBLIC, OReGON
COMMiS9!ON NO. 420736
MY COMMiSSION 1;}{PiRES SEPT. 18.2011
Access Easement and Maintenance Agreement - Page 2
. .
Exhibit "A"
Easement Area
Beginning at the northwest comer of Lot 2, Block 4 'of Simmons Addition as platted and
recorded in Book 12, Page 26 of the Lane County Oregon Plat Records, said point being on the
south margm of D Street, 25.0 feet southerly of, when measured at right angles to the
centerline ofD Street; thence along the south margin ofD Street South 89053'00" East 38,00,
feet to the True Point of Beginning; thence leaving said south margin and running parallel to
the west boundary of said Lot 2, Block 4 South 00012'13" West 77 ,60 feet; thence parallel to
the south margin of D Street South 89053'00" East 20:00 feet to a point on the east boundary
of the West 58.00 feet of said Lot 2, Block 4; thence along the east boundary of the West 58,0
feet of said Lot 2, Block 4 North 00012'12" East 77,60 feet to a point on the south margin ofD
. Street, said point being 25,0 feet southerly of, when measured .at right angles to the centerline
ofD Street; thence leaving said east boundary and running along the south margin ofD Street
North 89053'00" West 20,00 feet to the True Point of Beginning, all in Lane County, Oregon,
Access Easement and Maintenance Agreement.- Page 3