HomeMy WebLinkAboutEasement Miscellaneous 1987-6-12
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PUBLIC UTILITY EASEMENT
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. THIS INDENTURE t1ADE and entered into thi s 12th day of June ,19R7 ,by and
between McCabe Investment Co. , hereinafter referred to
as the Grantors, and THE CITY OF SPRINGFIELD, a municipal corporation, in lane County,
Oregon, hereinafter referred to as the Grantee. ~
WITNESSETH . '
In consideration of the acceptance by Grantee and the use or holdlng of sald eas ent for
present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey
unto the Grantee, a perpetual easementl? feet in wi dth, together wi th the ri ght to go
upon said easement area hereinafter described for the purpose 'of constructing, reconstruct-
ing, maintaining and using public utilities which may hereafter be installed on the follow-
ing described property, to-wit: . . . ~.,
A 12.0 foot wide strip of land lying 6.0 feet on each side of th~ following described
centerline:
Beginning at a point on the North line of the Issac Briggs Donation land Claim No. 83,
Township 17 South, Range 3 West of the Willamette Meridian 3923.98 feet East of the
Northwest corner thereof and run thence South 159 feet to a point on grantor's West
line, said last mentioned point being the true point of beginning; thence East 80~0
feet more or less to grantor's Southerly line and ,there terminating in Springfield,
lane County, Oregon.
The sidelines of the above described strip of land shall be extended or shortened so
as to terminate on grantor's West and Southerly lines.
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(~ . JUL l~. RE~'~_~ ~:)
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STATE OF OREGON ) ss 'J ~PUBLlC I'!OR::,,~,. .
County of Lane ) ~'71-;;n'/'
BE IT REMEr1BERED, that on this 12th day of June , 19 Po7 , before me, the
'Jndersigned, a Notary Public in and for said County and State, personally appeared the
withi n named Bill Me Cahe and Deanna Me Cahe known to me to be the
identical individual described in and who executed the within instrument and acknowledged
to me that They executed the same freely and voluntarily.
TO.HAVE AND TO HOLD the above easement to the said Grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, the Grantors above named have hereunto set their 'hands and seals this
. /;2..., .. day of BfA/Me , 19 87.
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(SEAL)
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(SEAL)
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
and year last above written.
L I fh,..... <6~
CH~YL ANN BARTON
N01ARY PUBLlCOREGONI flory_/- 7
My Commlssloo Expores Notary n\::,::
sea 1 the day
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My Commission Expires
CIS ED #54-1
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
it, THIS DEV~~j~ENT AGREEMENT, hereinafter "Agreement", is entered into thi s
I;;.,,'"" day of 0<.1./, 1987 (the "Effective Date") Dy and Detween the CITY
'OFSPRINGFIEL hereinafter "City", and the SITE PLAN REVIEW APPLICANT
herei nafter "App 1 i cant" , in accordaoce wi th Sect i 00 31.090, and Sect ion
3.070(3), 3.080(3), 3.090(3), and 3.100(3).
REC ITALS
WHEREAS, on the 24 day of April, 1987, the Ci ty approved Site P1 an ._'.
Application suDmitted by the Applicant for the purpose of allowing:
The construction of a Grocery Cart store at 1875 Main Street,
Assessor's Map 17-03-36-31 Tax Lots 4800 and 7600. The constructioo
approval .inc1udes a Variance. to Section 32.080 Table 32-4 of the
Spriogfie1d Development Code granted by the Springfield Planning
Commission on April 8, 1987. See attached Final Order. Journal
NumDer 87-02-22.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 31.090, Applicant agrees to comply with
all the standards of the Springfield Development Code and Springfield Municipal
Code which may De app1icaD1e to this development project, ioc1uding Dut not
limited to, the following:
1. All standards incorporated onto the Final Site Plan by the applicant.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 31.090, Applicant agrees to comply with
the following speclfic conditions imposed by the City as part of the Site P1ao
approval:
1. Applicant shall not Degin construction until such time as the
sanitary sewers have Deeo located and easements have Deen graoted.
2. The location of the bui1din9 shall De determined Dased upon location
of sewers and shall not encroach upon easements.
3. Applicant shall oDtain all required building construction permits.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
AGREEMENT
1. FINAL SITE PLAN. The app1icaot agrees to submit a Fioa1 Site Plan io
accordance with Section 31.080 of the Springfield Development Code concurrently
with this Agreement.
Site Plan Development Agreement
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2, STANDARDS, The applicant agrees to fulfill all applicable standards
specified in the Springfield Development Code and the specific standards listed
in RECITALS prior to occupancy, unless certain staodards have been deferred to
a later date io accordance with Section 31.110 of the Springfield Development
Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions
of approval required by the City listed in RECITALS prior to occupancy. unless
certain conditions have been deferred to a later date in accordance with
Section 31.110 of the Springfield Development Code.
4. MODIFICAtIONS.
Site Plan without first
Plan shall be reviewed
Development.Code.
The applicant agrees oot to modify the approved Final
notifying the City. Modifications to the Final Site
in accordance with Section 31.100 of the Springfield
5. MAINTAINING THE USE. The applicant agrees to the following:
(a) The building and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property owner to
maintain' the planting required by Section 31.140 of the Springfield Development
Code in an attractive manner free of weeds and other invading vegetation. In
addition, plantings in the vision clearance area shall be trimmed to meet the 2
1/2 foot height standard in accordance with Section 32.070 of the Springfield
Development Code.
(c) Parking lots shall be maintained by the' property owner or tenant.
~in a condition free of litter Qr 8~&t,.and deteriorated pavement conditions
shall be improved to maintain cooformance with these standards.
(d) Undeveloped land within the development
free of trash and stored materials in a mowed
Undeveloped land shall not be used for parking.
area shall be maintained
and attractive manner.
6. In addition to all other remedies
equity (including but not limited to penalties
or city ordinances) Applicant agrees that
responsibilittes by withholding or termioating
which may be provided by law or
provided by applicable state law
City may enforce Applicaot's
Applicant's Occupancy Permit.
7. Aoy Final Site Plan approved becomes null aod void if construction
does not commence within one year of the date of this Agreement.
Site Plan Development Agreement
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IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as
of the date first hereinabove written.
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APPLICrr7 a. IJ
BY: :~Pj in/I ~(U~ -"
BY:
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STATE OF OREGON, County of
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'J:\Af' I z.. ,198.2.,. Personally appeared the above named
"h;J/ }/)/1~~bc:::- ,who acknowledge" tAe fe,~~u';"~ ;"~"u",c,,. w
be their voluntary act.
Before me:
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CHEi11YL ANN 8ARTOi~
NOT ARY PUBLIC-OREGON
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Pub I i'C~" """""-.,
Notary
My Commission expires
CITY
BY:
lJevelopment Code Administrator
Date
STATE OF OREGON, County of
, 198
Personally appeared the above named
, who acknowledged the foregoing instrumeot to
be their voluntary act. Before me:
Notary Public tor Uregon
My Commission expires
Site Plan Development Agreement
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