HomeMy WebLinkAboutEasement Miscellaneous 1986-2-5
.
.
~ '.~. ." -:-: ,
.
AMerO'?:>
"'')::
o.
EASEMENT
"-----.---
THIS INDENTURE MADE and entered int~ this .5"rh day Of'-~
. 196'~.
by and between
Frank M. Light and'Dorothy J. Light
hereinafter referred to as the Grantors and THE CITY OF SPRINGFIELD. a municipal
corporation, in Lane County, Oregon, hereinafter referred to as the Grantee.
HITtlE~SETH:._Jrl. comi .~ratiol'!~.o-f _thi i~f~pT~l!c~J>y~gr~ntee' and ,the use' of holding of sai d
easement for present or future public use by Grantee, 'Grantors,' hereby grant, bargain,
sell and convey unto the Grantee, a perpetua 1 easement, together with the ri ght to .go upon
said easement area hereinafter' described. for' purpose of constructing and maintaining a
.public sidewalk.and public utilities. .
The southerly ten (10) feet of the following described property:
That certain commercial space known as ~ and 4112 /lain Street, Springfield, Oregon,
being the following described real property: Beginning at the Southeast corner of the
Lucinda Comegy Donation Land Claim No. 81, Township 17 South, Range 2 West of the Willamette
Meridian; then South 890 SO' 30" West 222,3 feet.alon~ the South line of said claim No. 81;
o . 0
thence South 0 IS' West 1359.4 feet; thence North 89 44' 30" West 303.10 feet to the True
Point of Beginning; thence continuing North 890 44' 30" West 100,0 feet to the Easterly
right of way line of 41st Street; then South 00 01' East 334.05 feet along said Easterly
right of way line to the Northerly right of way line of the McKenzie Highway; thence South
89 44' 30" East 100.0 feet along said Northerly right of way line; thence North 00 02'
West 334,05 feet to the True Point of Beginning, in Lane County, Oregon,
EXCEPT THEREFROM:
August 3, 1966, Clerk's
Oregon,
That portion conveyed to the State of Oregon, by Deed recorded
File No. 56419, Lane County Oregon Deed Records, in Lane County,
*
TO HAVE AND TO HOLD the above easement to the said Grantee, its successors and assigns
forever.
IN WI~ESS WHEREOF, t~~ors above named have h~unto set their hands and seals this
.,:rTh day of , 19~.
L& 'fu. J?Sr (SEAL)
Frank M. Light ()
,.Lk_~~1
D6rothY J, Li~~
nf ;d-
(SEAL)
(SEAL) (SEAL)
STATE OF OREGON, County of~. - ,ss: P~nally, appeared the above named -..,
and acknowledged the foregoing instrument to be A7~oluntary act and deed.
Before me:
Dated
%?.f
A.D.,198".
~z~
.___..J:fQ.ta.ry.1ubl i, (; . fo.r 9,r:.~go!l,_ ____..
...,'..; I
...~.,'!,)
.;<:'~\",'''''' '
. i~'
;' hi.,: I l
:--:
. -" ....,
....\...,
J.
;) ,
. " .' ,\' ~:
"
/- 8'- g'l
._,_M~_C_o,rnmission Expires
(;/S ED #52-1
,.
.
H1PROVE~lENT AGREEHENT
.
~
IN CONSIOEAATIOil of the covenants herein recited, the City of Springfield, herein-
after referred to as City, and Frank M. & Dorothy J. Light , hereinafter referred to
as Applicant, do covenant and agree. as follows:
WHEREAS Applicant desires a 'buildin~ permit from City; and
WHEREAS, the development of said building (s) will cause both an immediate and
long-tenn demand on the various public facilities of the City;
~Iml THEREFORE, the Applicant and City agree to the following schedule of public
facility improvements and respective cost assumption policy:
Street improvements Installation of a seven (7) foot wide curbside sidewalk along
the Main Street frontage of the following described property:
Other
Legal Description:
That certain commercial space known as 4106 and 4112 Main Street, Springfield, Oregon,
being the following described real property: Beginning.at the South east corner of the
Lucinda Comegy Donation Land Claim No. 81, Township 17 South, Range 2 West of the Willamette
Meridian' then South 890 50' 30" West 222,3 feet along the South line of said claim No. 81;
, 0 tl
thence South 0 IS' West 1359,4 feet; thence North 89 44 '30" West 303.10 feet to the True
Point of Beginning; thence continuing North 890 44' 30" West 100.0 feet to the Easterly right
of way line of 41st Street; then South 00 01' East 334,05 feet along said Easterly right of
way line to the Northerly right of way line of the McKenzie Highway; thence South 890 44' 30".
East 100.0 feet along said Northerly right of way line; thence North 00 02' West 334,05 feet
to the True Point of Beginning, in Lane County, Oregon
EXCEPT THEREFROM: That portion conveyed to the State of Oregon, by Deed recorded August/
3, 1966, Clerk's File No. 56419, Lane County Oregon Deed Records, in Lane County, Oregon.
It is further understood that Applicant agrees to sign any and all waivers, petitions,
consents, and all other documents necessary to obtain the above listed applicable improve-
ments under any improvement act or proceeding of the State.of Oregon, Lane County, or City
of Springfield as may be proposed or adopted and to waive all right to remonstrate against
such improvements, but not the right to protest the amount or manner of spreading the
assessmer.t thereof, if the same shall appear to Applicant to bear inequitably or unfairly
upon said property of Applicant;
NOW THEREFORE, the City agrees that Applicant's execution and performance of the
terms of this Agreement \~ill be deemed to be';n compliance with the City's policy pertaining
to Improvement Requirements, and if Applicant'complies in every respect with all other
applicable laws of the State of Oregon, Lane County, and the City, the said Applicant
shall be entitled to the issuance of a building permit; and
IN AODITIor~, it is the intention of the parties hereto that the covenants herein
contained shall run with the land herein described, and shall be binding upon the heirs,
executors, assigns, administrators, .and successors of the parties hereto, and shall'be
construed to be a benefit and a burden upon the property herein described. This Agreement
shall be recorded in the Lane County Deed Records, a:z-~'
WHEREFORE, the parties have set their hand and seal this ~P(day of ~
19~ '\
CITY OF SPRINGFIELD APP~ANTn . ~~~
By -1J--1t.~ 'n1_~..-j{~
Oi rector of Pub 1 i c Works franK M. Llgnt C'\.
ST'TE OF OREr.O" ) c/~k4~. i d'&-JiJI-
" ", ) Do'rothy J, u1<gnt:) U .
ss.
COUNTY OF LANE
. .~ J7
On this ~? day of ~
me and ~1 gned the abov! document.
~;t",..'l g..}I-."? J'- ~
NOTARY PUBLIC
19 8(" there personally appeared before
'I
My Commission Expires:
1- 8-iS''l
.,' .!.
,pI, .
',r', .
., .
'\':
0.;
.Hi;
i
\-: '
,
l,,~' '
#14A
, ;'
:. \,\
't,_,"',),,)
-,/. l/ / ,'0 ",
"'",',1" '
..
.
UIP ROVE~lENT AGREHlENT
.
~
IN CO~S lDE RATI Oil of the covenants herei n reci ted, the City of Spri ngfi e 1 d, herei n-
after referred to as City, and l'r"nUJ. pnTothv J. Liqht , hereinafter referred to
as Applicant, do covenant and agree. as follows:
WHEREAS.Applicant desires a buildin~ permit from City; a~d
WHEREAS, the development of said building (s} will cause both an immediate and
long-tenn demand on the various public facilities of the City;
~IOW THEREFORE, the Applicant and City agree to the following schedule of public
facility improvements and respective cost assumption policy:
Street improvements Full imnrovement of North 41st Street includin~ curbs and
r"tter,. sidewalks~ navinq. sewers and .street li~hts along the frontage of the followin~
described nroperty:
Legal Description:
That certain commercial space known as 4106 and 4112 Main Street, Springfield, Oregon,
being the following described real property: Beginning at the South east corner of the
Lucinda Comegy Donation Land Claim No, 81, Township 17 South, Range 2 West of the Willamette
Meridian; then South 890 50' 30" West 222.3 feet along the South line of said claim No. 81;
thence South 00 15' West 1359.4 feet; thence North 89 44' 30" West 303.10 feet to the True
Point of Beginning; thence continuing North 890 44' 30" West 100:0 feet to the ~asterly right
of way line of 41st Street; then South 00 01' East 334,05 feet along said Easterly right of
way line to the Northerly right of way line of the McKenzie Highway; thence South 890 44' 30".
. East 100.0 feet along said Northerly'right of way line; thence North 00 02' West 334,05 feet
to the True Point of Beginning, in Lane County, Oregon.
EXCEPT THEREFRO~I: That portion conveyed to the State of Oregon, by Deed recorded. August'
3, 1966, Clerk's File No. 56419, Lane County Oregon Deed Records, in Lane County, Oregon.
It is further understood that Applicant agrees to sign any and all waivers, petitions,
consents, and all other documents necessary to obtain the above listed applicable improve-
ments under any improvement act or proceeding of the State of Oregon, Lane County, or City
of Springfield as may be proposed or adopted and to waive all right to remonstrate against
such improvements, but not the right to protest the amount or manner of spreading the
assessmer.t thereof, if the same shall appear to Applicant to bear inequitably or unfairly
upon said property of Applicant;
NOH THEREFORE, the City c.grees that Applicant's execution and performance of the
terms of this Agreement will be deemed to be"in compliance with the City's policy pertaining
to Improvement Requirements, and if Applicant complies in every respect with all other
applicable laws of the State of Oregon, Lane County, and the City, the said Applicant
shall be entitled to the issuance of a building permit; and
IN ADDITION, it is the intention of the parties hereto that the covenants herein
contai~ad shall run \~ith the land herein described, and shall be binding upon the heirs,
executors, assigns, administrators, and successors of the parties hereto, and shall'be
construed to be a benefit and a burden upon the property hereir. described. This Agreement
sha 11 be recorded in the Lane County Deed Records.
WHEREFORE, the parties have set their hand and seal
19~. .
CITY OF SPRINGFIELD
By
STATE OF OREGON
)
) ss.
this..,..d day of 7.vrt-
APPL;iANT n D.-..-
. if 1\ a' n ~..;t:.II J .
4nK t:l~t 6 ..
,~ ~ L ~I--
ro~1. dL-;ght?{ ~
Director of Public Works
COUNTY OF LANE
On thi s..:rd day of ::If:?
me and signed the above"document.
~ EJh..~- '_ .~
N(lTARY - PUBLfc
, 19 &, there personally appeared before
My Commission Expires:
/- .g- ~9
l ; i ~ '.
'\"
,:
.
,
\"1 . ..
" - ,
". ,:.,
" .',
" ~
"', <'J"
..
'oj
#14A