HomeMy WebLinkAboutAgreement APPLICANT 5/22/2009
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Division of Chi ~\ ,ty Clerk ?^v^vQm^I'tIRe
Lane County Deeds and Records ~ w V vO
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HlUJ ~JlI~I~~J!I~I~J!lll~!~~\!!09 09.001:: 1_.
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After recording return to:
Bill Dwyer
5558 Thurston Road
Springfield, Gregon 97478
pRIVATE JOINT ACCESS AND UTILITY EASEMENT
. AND MAINTENANCE AGREEMENT
MAY 2 2 2009
RECITALS:
By:
Eureka Development LLC is the owner of a c:;ertain tract of real property located in the
Southeast one-quarter of SeCtion 28 in Township 17 South, Range 2 west of the .
Wiliamette' Meridian. The legal. description of the real property is as foqows:
Beginning at a 1/2" iron pipe being of record North 77011'20" West.
1485.17feet arid measured North 77010'13" West 1484.54 feet from the
brass cap mQnument 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 feetfnJm;when
measur-edat right ahgles to the centerline of High Banks Road; thence
along the north niargin of High Banks Road North 77036'00" We$t 176.00
feet to a 1/2" iron pipe; thence leaving said north margin and runhihg
North 12013'43" East 201.36 feet to a 1/2" iron pipe; thence Sou1;h ,
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.
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The owne'r is subdividing said real property into 5 lots as approved under City of
Springfield Plahning File No. SUB2008-00022. This easement is being created to
provide a joihtaccess and utility easement with maintenance provisions across Lots 1
through 5 inclusive of Eureka Subdivision as platted and recorded
6 "'1",,,-,/' ., 2009,lnsi. No.. /1709-/7/f?5 .
, Lane County Oregon Official Reco'rds for the mutual benefit of said Lots 1-5 inclusive.
DECLARATION OF EASEMENT:
1.
Easement Created. Eureka Development LLC does hereby create a
P~rl2~~ual.E:l??EO_rTlE:mt.9!5 described in Exhibit "A", attached; for the mutual
and exclusive use of Lot 1 through Lo't 5 inclusive of the aforementioned
Eurekp Subdivision, as retorded in the Lane County Oregon Official
Records.
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2.
Purpose. The easement is created to provide for ingress and'egress
anderhergency 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, but
not limited to water service, electrical service. telecommunication services,
storm water drainage and sanitary sewer service. . :'.
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Access Easement and Maintenance Agreement - Page 1
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3. . Use of Burdened Prooerty. The owners or occupiers of the parcels
affected by the easement shall have the right to use theiriproperty,
including the area described as the easement, .forany purpose as long as
the ciwners or occupiers do not interfere with the use of tne easement as
.' granted by this instrument. However, no parking will be aUowed 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 p'ublic road.
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5.
Maintenance and Repairs. 'The owners or occupiers of Ldts 1- 5 of Eureka
Subdivision shall at ali times hereafter, join in the mainterl'ance 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 amend~d from time to
. time. However, any repairs necessitated by the negligence or the misuse
bf the Easement area and rights granted herein by one in'(jividual party or
that individua.1 pa~y's agents or invitees against the other~parties. .
assOCiated With thiS easement shall be the sole responsibility of the
damaging party. Ii' .
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Prooertv Taxes.' The affected lots shall each pay the real property taxes
for that portion of the easement area located within-their irdividuallots.. .
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Successors in Interest Recordation. The provisions of this instrument v
.touch and concern, ahd relate to the 'use of Lots 1-5,inci~sive 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. :! .
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Indemnity,. Users of the road~ay for access orm~inten~nce ("U;ers")
shall assume all risks arising out oftheir 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 employ~es, or any .
independent contractor hired by Users solely based on th'eir status as a
Lot Owner. Users agree to indemnify and hold harmless ~ot 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 Us~rs arising out of
their use of the Easement. . . .
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10. Bindin,g Effect The terms and conditions of this Easement shall ruh with
,c-fnelafiClana shall extend to and 5e 5inaii'lg'upon and inute to the benefit- .. --- -----
of the heirs, successors and assigns of the parties I '.
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.
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RECEIVED.
Access Easement and Maintenance. Agreem~nt.
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MAY 2 2 2009
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12. Leaall-'roL"dinas .If a~y legal proceeding IS L, nmenc~d for the
purpose of interpreting or enforcing any provision of this Agreement, the
prevailing party in such proceeding shall be entitled to re~over reasonable
attorney's fees in such proceeding, or any appeal thereof, in addition to
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the costs and disbursements allowed by law.
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13. Arbitration Any claim, controversy or dispute arising out of this .
Easement shall be settled by arbitration in accordance with the applicable.
ruies of the American Arbitration Association, and'judge~ent upon the
. . award rendered by the arbitrator may be 'entered in anyqourt having
jurisdiction thereof. Any such arbitration shall be conducted in Lane
County, Oregon. . . 'Ii .
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All provisions ~f thi~ instrument, incl~ding the benefits and burdens, ark binding and
enure lo,the heirs, successors, assigns, transferees, and personal repr,esentatives ofaii
parties who own any of the aforementioned parcels. .' , Ii .
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.' Dated this
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day of
??;1~ k
,2009'
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Bill Dwyer, MemBef
Eureka Development LLC
STATE OF OREGON )
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County of Lane )
On this ./) 1-'1\ day of IYl 412.( H , 2009 there appeared
before me, a Notary Public for the State of Oregon, County of Lane thJ hereonriamed
Bill Dwyer beihgknown to me, or proved to me by a satisfactory evid~ncei to be the
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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
act Et9!'" deed. .In withess whereof, (jve hereunto set my hand and affixed my seal.
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NotarY Public for Oregon -
My commission expires:mA(2.C/:t "'S \ ZOIZ-
. I, OFFiCiAL SEAL .
CHRIS MOORHEAD
_ '... .i NOIARY_i'.U8UC'QREGOtL~ ~ _ .
. ". . COMMISSION NO. 42n60
MY COMMIS,SIO,N EXPIRES MAR. 31, 2012.
RECEIVED
'MAY 2 2 2009
By:
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Access Easement and Maintenance Agreement.
Page 3
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Exhibit "A"
Easement Area'
Beginning at a 1/2" iron pipe beihg of record North 77"11 '20" West 14~5.17 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 W~st ofthe
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 Bahks Road; thence
along the north margin of High Banks Road North 7'7"36'00" West 99.11 feet to the
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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; then'ce North ~ 2023'49" East.
4.0 feet; thence South 77".36'00" East 4.0 feet; thence North 12023'49'i. East 13.0 feet;
thence South 77036'00" East 26.00 feet; thence South 12023'49" West 21.74 feet;
thehce South' 77036;00" Ea~t 4.0 feet; thence South 12023'49" West 4!O feet; thence
North 77036'00'; West 4.0 feet; thence South 12~23'49'i West 121.78 feet to a point in
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the north margin.of High Banks Road; said point being 30.0 feet from'l)Nhen measured
at right angles to the centerline of High Banks Road; thence along thei'northmargin of
High Banks Road North 77036'00" West 26.60 feet to the' True Point of Beginning, all in
Lane County Oregon' "
RE8EIVED-
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MAY 2"2 2D09
By:
Access Easement and"Malrit~nance Agreement - Page 4 I:
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