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Home My WebLink AboutMiscellaneous Easement 1987-6-12 ... ..- , PUBLIC UTILITY EASEMENT , /g 7"S M/?'/'/Y sy. ! . THIS INDENTURE t1ADE and entered into this 12th day of June ,19R7 ,by and . between McCabe Investment Co. . , hereinafter referred to as the Grantors, and THE CITY OF SPRINGFIELD, a muni ci pa 1 corporation, in Lane County., . Oregon, hereinafter referred to as the Grantee. . .1\{.t . WIT N E SSE T H ---------- In consideration of the acceptance by Grantee and the use or holding of said easement for present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey unto the Grantee, a perpetual easement1'? . feet in width, together with the right 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 the. 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 Wil1amette 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~O 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. 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 C\iAAAD 19 87. ,/....-t=- "\-'0 ~,~ fY\ ~ (JJA- - (SEAL) /~ .g[Cf7~;'\\ (SEAL) (::t ~-) ( -, JUL J. 4 REi . = ~G_~""-"'-JfY\t~ (SEAL) 3 SPRI,vr.,,,,, CVt::o.d1 (SEAL) . .-"~"UB1IC I;'OR';~' OF ,tl:::. j STATE OF OREGON ) ss ~ '\'2/ ) r-""rT-'-<"~- County of Lane I\) I .'.--- BE IT REMEHBERED, that on this 12th day of June , 19 R7 ,before me, the 'mdersigned, 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. LI ~"s~0 CH~YL ANN BARTON N01ARY PUBLIC-OREGON, /J-N-I' 7 My Commlssloo E,pllel Notary P~lllic , [5r1 t:;' vv\..fJ...I f\ My Commission Expires CIS ED #54-1 '.. .,. , , ,I SITE PLAN REVIEW DEVELOPMENT AGREEMENT -tt. THIS DE:~~j~ENT AGREEMENT, hereinafter "Agreement", is entered into this I:J.. day of -<i./, 1987 (the "Effecti ye Date") by and between the CITY -OF SPRINGFIE hereinafter "City", and the SITE PLAN REVIEW APPLICANT hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). REC ITALS WHEREAS, on the 24 day of April, 1987, the City approved Site Plan ~. Application submitted 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 approv~l .incl~des a Variance. to Section 32.080 Table 32-4 of the Springfield Development Code granted by the Springfield Planning Commission on April 8, 1987. See attached Final Order. Journal Number 87-02-22. WHEREAS, in consideration for Site Plan approval, the issuaoce of ~ 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 be applicable to this development project, iocluding but not limited to, the following: 1. All standards incorporated onto the Fi na 1 Si te Pl an by the app 1 i cant. WHEREAS, in consideration for Site Plan approval, the issuance of a Buildiog Permit, aod the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1. Applicant shall not begin construction until such time as the sanitary sewers have been located and easements have been granted. 2. The location of the building shall be determined based upoo locatioo of sewers and shall not encroach upon easemeots. 3. Applicaot shall obtain all required buildiog 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 applicant agrees to submit a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code concurrently with this Agreement. Site Plan Development Agreement 1 " . . , , , . 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 standards have been deferred to a later date in accordance with Section 31.110 of the Spriogfield Development Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in RECITALS prior to occupaocy. 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 not 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 obligatioo 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 g~&t. and deteriorated pavement conditions shall be improved to maintain conformance 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 maintaioed and attractive manner. 6. In addition to all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable state law or city ordinances) Applicant agrees that City may enforce Applicant's responsibilities by withholding or terminating Applicant's Occupancy Permit. 7. Any Final Site Plan approved becomes null aod void if coostruction does not commence within one year of the date of this Agreement. Site Plan Development Agreement 2 ., , , .1 IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. ~I~ \ 1..\ 19<67 APPLlCAJS Q (a J/I BY:' (11 {r)/l ~ ~ ,/ BY: --: . STATE OF OREGON, County of L.4JlJ7 'J:1A.t' 12.- , 198...1.. Personally appeared the above named ~: J / h/I (..Ci'rbr:- , who acknowledgerl ~-: &3;:;:~..; :..~~, u"'c,,~ _u be their voluntary act. Bef ore me: ~~R L 6~ CHf~YL ANN BARTOi'] NOTARY PUBLIC-OREGON ^-1\, rn!"l.rnj('lnf'l FnllfP<:. I t/-/y-I?l_ Pub 11'c-f~o.. ,.,.,...",...~ Notary My Commlsslon explres CITY BY: Development Code Adminlstrator Date STATE OF OREGON, County of ,198___ Personally appeared the above named , who aCknowledged the foregoing lnstrumeot to be thelr voluntary act. Before me: Notary Publlc for Oregon My Commission expires Site Plan Development Agreement 3