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Home My WebLink AboutEasement APPLICANT 3/11/2009 /\ .;~' .....' After recording return to: Bill Dwyer 5558 Thurston Road Springfield, Oregon 97478 PRIVATE JOINT ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT RECITALS: Eureka Development LLC is the owner of a certain tract of real property located in the Southeast one-quarter of Section 28 in Township 17 South, Range 2 West of the Willamette Meridian. The legal description of the real property is as follows: Beginning at a 1/2" iron pipe being of record North 77" 11 '20" West 1485.17 feet and measured North 77010'13" West 1484.54 feet from the brass cap monument marking the southeast corner of Section 28 in Township 17 South, Range 2 West of the Willamette Meridian, said iron pipe being on the north margin of High Banks Road 30 feet from, when measured at right angles to the centerline of High Banks Road; thence' along the north margin of High Banks Road North 77036'00" West 176;00 feet to a 1/2" iron pipe; thence leaving said north margin and running North 12013'43" East 201.36 feet to a'1/2" iron p.ipe; thence South 77043'40" East 176.60 feet to a 1/2" iron pipe; thence South 12023'49" West 201.75 feet to the point of beginning, all in Lane County Oregon. The owner is subdividing said real property into 5 lots as approved under City of Springfield Planning File No. SUB2008-00022. This easement is being created to provide a joint access and utility easement with maintenance provisions across .Lots 1 . through 5 inclusive of Eureka Subdivision as platted and recorded , 2009, Inst. No. , Lane County Oregon Official Records for the mutual benefit of said Lots 1-5 inclusive. DECLARATION OF EASEMENT: 1. Easement Created. Eureka Development LLC does hereby create a perpetual easement as described in Exhibit "A", attached, for the mutual and exclusive use of Lot 1 through Lot 5 inclusive of the aforementioned Eureka Subdivision, as recorded in the Lane County Oregon Official Records. 2. Purpose. The easement is created to provide for ingress and egress and emergency vehicle access to Lot1 through Lot 5 inclusive said Eureka Subdivision Plat. That portion of the access easement not encumbered by an underlying public utility easement may also' be used by the aforementioned Lots for the installation of private utilities, including, bl{!,' . d' not limited to water service, electrical service. telecommunicatio/ii)~f.Vicesf::eIVe . storm water drainage and sanitary sewer service. MAR 1 1 2009 Access Easement and Maintenance Agreement - Page 1 Original Submittal .0.,' 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 qr 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. Private Grant The easement created by this instrument does not . constitute a dedication or grant for public use unless requested at a later time, by a public agency to dedicate the easement as a public road. 5. Maintenance and. Re[)airs. The owners or occupiers of Lots 1- 5 of Eureka Subdivision shall at all times hereafter, join in the maintenance of the easement property and roadway in a condition as good as its present paved condition proportionate to each parties use of the roadway. The cost for the repair and maintenance will be proportionate to use as described in ORS 105.107 to 105.185, as may be amended from time to time. However, any repairs necessitated by the negligence or the misuse of the Easement area and rights granted herein by one individual party or that individual party's agents or invitees against the other parties . associated with this easement shall be the sole responsibility of the damaging party. 6. Prooertv Taxes. The affected lots shall each pay the real property taxes for that portion of the easement area located within their individual lots. 7. Successors in Interest. Recordation. The provisions of this instrument touch and concern, and relate to the use of Lots 1 "5, inclusive of Eureka Subdivision and are intended to be covenants and restrictions running with the land. This document shall therefore, be recorded in the Deeds Records of Lane County, Oregon. 9. Indemnity. Users of the roadway for access or maintenance ("Users") shall assume all risks arising out of their use of the Easement or otherwise related to this Easement. Specifically, but without limitation, Lot Owners shall have no liability to Users or their agents and employees, or any independent contractor hired by Users solely based on their status as a Lot Owner. Users agree to indemnify and hold harmless Lot Owners from any claim, cost, .damage or expense of any kind or nature arising out of or related to any negligent or wrongful act or omission of Users arising out of their use of the Easement. 10. Bindina Effect The terms and conditions of this Easement shall run with the land and shall extend to and be binding upon and inure to the benefit of the heirs, successors and a'lsigns of the parties 11. Waiver. No waiver of any right arising out of a breach of any covenant, . term or condition of this Easement shall be a waiver of any right arising out of any other or subsequent breach of the same or any other covenant, term or condition of the covenant, term or condition thereof. Date Received: MAR 1 1 2009 Original Submittal Access Easement and Maintenance Agreement' - Page 2 12. Leoal Proceedinos If any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this Agreement, the prevailing party in. such proceeding shall be entitled to recover reasonable attorney's fees in such proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law; . 13. Arbitration Any claim, controversy or dispute arising out of this Easement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Lane County, Oregon. All provisions of this instrument, including the benefits and burdens, are binding and enure to the heirs, successors, assigns, transferees, arid personal representatives of all parties who own any of the aforementioned parcels. Dated this ) / day of )7;1a.-"1-/' ~. ,2009 ~/2~ Bill Dwyer, Meme€r" Eureka Development LLC STATE OF OREGON ) ) ss County of Lane ) On this I J -r-I'\ day of IYl 412- ( H , 2009 there appeared before me, a Notary Public for the State of Oregon, County of Lane the hereon named Bill Dwyer being known to me, or proved to me by a satisfactory evidence, to be the same person who executed the foregoing instrument in his authorized capacity as a member of Eureka Development LLC and acknowledged the same to be his voluntary acta~~eed. In witness whereof,y63ve hereunto set m. y hand and affixed my seal. . y, ~\,;V-bt.-tA~l.j j .' " NotarY Public for.Oregon . My commissic:mexpires: MAiLC{-f "S I 2D1L. . OFFICIAL SEAL .' CHRIS MOORHEAD ..... .' NOTARY PUBUC-oAEGON . '.' . COMMISSION NO. 427460 MY COMMISSION EXPIRES MAR. 31, 2012 Date Received: MAR 1 1 2009 Original SubmittaL Access Easement and Maintenance Agreement -. Page 3 ,. . Exhibit "A" Easement Area Beginning at a 1/2" iron pipe being of record North 770'11 '20" West 1485,17 feet and measured North 77010'13"West 1484.54 feet from the brass cap monument marking the southeast corner of Section 28 in Township 17 South, Range 2 West of the Willamette Meridian, said iron pipe bei~g on the north margin of High Banks Road 30 feet from, when measured alright angles to the centerline of High Banks Road; thence along the north margin of High Banks Road North 77036'00" West 99.11 feet to the True Point of Beginning; thence leaving said north margin and running North 12023'49" East 130.52 feet; thence North 77036'00" West 4.0 feet; thence North 12023'49" East 4.0 feet; thence South 77036'00" East 4.0 feet; thence North 12023'49" East 13.0 feet; thence South 77036'00" East26.00 feet; thence South 12023'49" West 21.74 feet; thence South 77036'00" East 4.0 feet; thence South 12023'49" West 4.0 feet; thence North 77036'00" West 4.0 feet; thence South 12023'49" West 121.78 feet to a point in the north margin of High Banks Road, said point being 30.0 feet from, when measured at right angles to the centerline of High Banks Road; thence along the north margin of High Banks Road North 77036'00" West 26.00 feet to the True Point of Beginning, all in Lane County Oregon . . . Date Received: MAR i 1 2009 Original Submittal Access Easement and Maintenance Agreement - Page 4