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Home My WebLink AboutEasement APPLICANT 1/15/2009 \ .' ll~ ~- AFTER RECORDING RETURN TO: United States Bakery P.O. Box 14769 Portland, OR 97293 Division of Chief Depuly Clerk Lane Counly Deeds and .Records. . 2008.06<<02 111111/11 I 1111111111111 "" 111111111111 1111 $46 . 00 0103945,200~0~ '44020050~~5 12/02/2008 10:51:06 AM RPR-ESnT Cnl=l Sln=15 CASHIER 05 . $25.00 $10.00 $11.00 DECLARA nON OF EASEMENT FOR ACCESS, UTILITIES, AND PROVISIONS FORTHE MAINTENANCE THEREOF RECITALS: . A.UIrited States Bakery (Declarant) is the owner. of two contiguous tracts 6freal property referred to herein as Tract 1 and Tract 2 and being more particularly described as follows: . See Attached Exhibit "A' B. The boundaries of Tract 1 and Tract 2 were created through a !"VP~' ~l line adjustment approvoo by the City of Spririgfield Plannmg Department under Case No. SUB2008- . 00047 dated October 31, 2008 . C: As aresultofthe p'vp~.l)' line adjustment the Tract 2 property does not have'frontageon a public road. Section 3.2c420 of the Springfield development Code specifies that . industrial development properties have a minimUm stre!ltfront:ige of75.00 feet. . E. Under, Section" 3.2-420(3)(b) of the Springfield Development Code, the street frontage . requirement can be waived if access to the public street is guaranteed by an irrevocable join~ access eaSement agreement. F. ,In accordance with SDC Section 3.2-420(3)(b), by and through this instrument, the , Declarant does hereby intend to create a mutual access and utility easement .and a maintenance agreement over the area depicted on Exhibit B attached hereto. The easement gr~ted by this instrument is intended.to be appurtenant to and benefit both Tract 1 and Tract 2, . .' . DECLARA nON OF EASEMENT: 1. ,!':asen:ients Created. Declarant hereby creates and grants the following perpetual, nonexclusive easement as described on "Exhibit B" attached over and ;icross the Tract I , property for the,benefit ofth~ Tract 2 property. . Dat~ Received:J.:/S"~' Planner: MM ~ _ ' . ~n_ . __ " 2. :Easement Provisions, The teTInS of these easements are as follows: ~ 2,1:! Ptirnose.The'easement isfor vehicular and pedestrian ingress and egress, and for theinstallation and maintenance of private utilities serving Tract 2. The use of this easement shall be ona regular, continuous, nonexclusive, non-priority basis, benefitting the Current owner of the Tract 2 and its successors, assigns, lessees, mortgagees, invitees, guests, customers, agents and employees. These easement rights shall not lapse due to failure to use the easements on a continuous basis. ' l . . ' 2.2 " Use ofBurdenedPronertv. The owner or occupier ofthe Tract I property shall have the right'to 'use their property, 'including ihe area described in th(: easement, for any , purpose provided the owner or occupier does not interfere with the reasonable use of the easement'as granted by this instrument. " No building, shrub, tree or other physical impediment shall be placed within the easement area by any perso'n in such a manner as to interfere with or preclude its use ,as access for , Tract 1 and Tract 2. ',. ' 2.3 Private Grant. The easement ~eatedby tills ins~ent does not constitute a dedieationor, grant for public use. 2.4., 'Maintenance'and Reoairs. The cost of ~o~al maintenance or r~air of the access ,roadway easement shall be apportioned equally between the owners of Tract I and Tract .2. The cost for exceptional or unusual maintenance or repair occasioned solely by the actions of the oWner or occupier of one tract only, shall bebome exclusively by the owner or occupier necessitating the repair or maintenance. The owner (or the owners agent) of each Tract shall have the perpetual right to en!er upon the easement area at' any reasonable time to maintain and/or repair underground utilities,on the condition that the property disturbed by the. maintenance and/onepair shall be retUrned to the same condition as existed prior to such maintenance, and/m repair, 2.5 Real PTOnertv Taxes, Real property taxes shap be paid by the fee,title holder of the easement ,area. . , , ' 2.6 __ 'Matters of Record; The easements creat~ by tills instnJm~t'aresubject to all liens, fmcumbran~es, easements, reservations, restrictions, covenants and conditi~ns of record. 3. Enforcement. If any suit, action, or other proceeding or appeal 'therefrom, is instituted to enforce, compel or clarifY any right or obligation created in this instrument, the prevailing party shall be entitled to receive from the adverse party, in addition to costs and' disburseIllent,an award of reasonable attorney fees to ~e set by the trial or appellate ,court. Date Received: 1-' IS -krl{. , Planner: MM' ,. , 4. , Successors in Intei-est. Recordation. The provisions of this instrumeni touch and concern, and relate to the use of the Tract 1 and Tract2 and are intended to be covenants and restrictions T\lfiIrlng with the Jand: ' This document shall be recorded in the Real Property . Records of Lane County, oregon. All the provisions of this insln!ment, including the benefits and burdens, are binding on and inure to the heirs, successors, ,assigns, transferees, and personal representatives of all parties who own either Tract 1 or Tract 2. No Merl!er. The eaSements created by this instrument shall remain separate from the fee title, so it may run,with the land and benefit the heirs, successors and assigns of the owners of the benefitted properties. This instrument arid agreements herein are not subject to the doctririe of merger. C~~~~ction: The recitals and all exhibits attlch~ to this instrument are incorporated herein by this reference. Whenever required by the context, the si~gularshall include the , p]ui-a~, and the masculine shall include thefemiIrine, and vice versa. 5. 6. Dated this ' It.!;; day of D~M1?01L .2008. DECLARANT: fl?-1r[L Jerr';~oness, Chief Financial Officer . United Slates Bakery. " " STATE OF OREGON ) )ss. ) , " .County ofMultnomab On D~C8lVi~~I. J...tOJ7!:::_A. V1?I6Z.- WlvD~ 2008, personally appeared before me ;a notary public for the said stat.e and county the ab~ve named Jerry Nt, Boness, being known to me or proved to me. on a satisfactory basis to be the same person who executed the declaration hereon in his authorized capacity as Chief Financial Officer ofUIrited States Baker-yand acknowledged the same to be his voluntary act and ,deed, In witriess whereor,'I hav" hereunto set my hand and~ffi.xed, my seal. ' '~OP fLJiYAI1 )c;/d,'PQL, Notary Public for Oregon ,My (:ommissiofl Expires: MAI2.CH ,.9.:;l,aOIO , 0..,. , c....oo..aJ..:.J..;lI..,,,:...., .....1 , I. ;y ~I ..11_ iill. l I~ I_I'~, A'., Date Received' "VC51I1 Planner: MM <,.., .. . . EAJ:unIT "A" Tract 1 Begirmirig ai the northwest corner of Lot 1, Block 2 of Wild ish Industrial Tracts',as platted and reyorded in Book's6, Page 1 I of the Lane County Oregon Plat Recor?s; thence along the west line of s:!id Block.2 South 00002'25" West 512.00 feet to the True Point of Beginning; thence continuing along said west line of Block 2 South 00002'25" West 281.96 feet: and'along the arc ofa382.24 foot radius curve left (the chord of which bears South 16000'49" East 211.41 feet) a distance of 214.20 feet to the most westerly comer of Lot 6, Block 2 of said Wildish Industrial '. Tracts; ihence leaving the west line of said Block 2 and running South 36006'25" West 76.66 feet; thence South.2JOI6'35" East 94.75 feet; thence along the arc ofa 565,19 foot radius curve , left (the chord of which bears South 37035'32" East 317.56 feet) a distance of321.89Jeet;thence . South 53054'33" East 121.65 feet to a point on the northwesterly boundary of Lot ll"I.3iock2 of said Wildish Industrial Tracts; thence along the northwesterly boundary of said Lot 11, Block 2 and its si:mthwesterly'projection South 36006'25" West 57.00 feet to a point on the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of the AsWand Line of the Southern Pacific Railroad right of way; thence along said northerly boundary of the AsWand Line of the Southern Pacifiy Railroad right of way North53054'33" West 654.74 feet to a point marking the intersection,ofthe northerly boundary of AsWandLine of the Southern Pacific Railroad right of way and the east Ijne of the e.B. Sweet D.L.e. No, 38 'in Township 18 South,. Range 3 West of the WiIlamette Meridian; thence leaving said northerly boundary and Illlining along the east line of the C:B,Sweet D.L.e. No. 38 North 00010'26" East 619.22 feet to a point which bears Nortlt89057'35" West from the true point of beginning; thence South 89057'35" East 221.44 feet to the_True,Point of Beginning, all in Lane County, Oregon, Tract 2 , , Beginning 'lit the ~ost ~esterly co~er of Lot 6, Block 2 of Wildish 'Industrial Tracts as platted and'recotded in Book 56, Page 11 of the Lane County Oregon PlatRecords; then= South 36006'25" West 76,66 feet; thence South 21016'35" East 94.75 feet; thence along the arc ofa 565, I 9 foot. radius cuI-veleft (the chord of which bears South 37035'32" East317,56 feet) a distance of321.89 feet; thence South 53054'33" East 121.65 fe,~tto a point on the northwesterly boundary of Lot 11, Block 2 of said Wildish Industrial Tracts; thence along the ~orthwesterly boundary of said Lot 11, Block 2 North 36006'25" East 227.96 feet to the comer common to Lot 7, Lot 8 and Lotl1 in Block 2 of said Wildish Industrial Tracts; thence along the southerly , boundary of Lot 7, Block 2 and Lot 6, Block 2 of said Vv:ildish 1ndustiial Tracts North 60052'50" West 324.46 feet, North 52042'35" West 50:00 feet and along the arc of a 382.2~ foot radius curVe righH the chord of which bears North 42023'20" West 136.96 feet) a distance of 137.71 feet to the point of beginning, all in Lane County, Oregon" D R . d '-,../5 -~ _ d, ate ecelve' , ruo't Planner: MM '- -~ Exhibit "B" ", Beginning at a point on the northeasterly line of Lot 11, Block2 of Wi Idislf Industrial TraCts as platted and recorded in.Book 56, Page 11 of the Lane County Oregon Plat Records, said point being South 36006'25" West 227,96 feet from the corner common to Lot 7, Lot 8 and Lot 1 I in Block 2 of said.Wildish Industrial Tracts; thence along the northwesterly boundary of said Lot 11, Block 2 and its southwesterly projection South 36006'25" West 57,00 feet to a point on the northerly bO!lIldary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence along said northerly boundary of the Ashland Line of the Southern Pacifi~ Railroad right of way North 53054'33" West 60.00 feet; thence leaving said northerly right of way and running North 36006'25" East 57,00 feet to a point which bears North 53054'33" West from the point ofbeTnn;ng; thence South 53.054'33" East 60.00 feet to ihe point of beginning, all in Lane County Oregon. . J " -, Date Received: Planner::, MM ,1..,1 G-],~, l.__ _.__,