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HomeMy WebLinkAboutEasement APPLICANT 12/2/2009 ., . , -~.'-.' After recording return to: Roy Lundblad . 1444 Vera Drive Springfield, Oregon 97477 Date Recshf3d: Until a change is requested. Mail aU Tax Statements: . No Change DEe - 2 2009 Original Submittal PRIVATE ACCESSA.l'ID UTILITY EASEMENT AND MAINTENANCE AGREEMENT , RECITALS: RoyW.Lundplad is th~ ~wn~ of a certain tract of real property located in the North6ast one- quarter of S~ction 34 inTownship 17 South, Range 2 West of the Willamette Meridian. The legal description of the reai property is as follows: . . '. B~ginning at the southe~st comer of Bralyn Estates as.platted and recorded in File 73, Slide 35' of the Lane County Oregon Plat Records thence along the east boundary of said Bralyn Estates North 00017'00" East 150.13 feet' to the southwest comer of Lot 12 ofthe plat of Cogi:lUrn as platted and recorded ill Book 66, J'age,25 of the LaneCciunty Oregon Plat Records; thence leaving said east boundary andr:unnrng along the south boundary of Lot' 12 of the said plat of Cogburn South 8703.0'00" East 150.02 feet to the southeast comer of said Lot 12, said point being on the westerly margin of the 66th Street cul-de-sac as dedicated in the said plat of .. Cogburn; thence leaving said s'outh boundary and running along the westerly margin of the 66th Street cul-de-sac as dedicated by a street deedrecorded April 17, '1974 Recep. No. 74-15430 of the Lane County Oregon Deed Records, along the arc of a 275.00 foot radius curve left (the chord of which bears South 53.026'10" East 45.72 feet) a di~tance of 45.77 feet to the northwest corrier of Lot 13 of said plat of Cogburn; thence leaving said westerly margin and running. along the west boundary of Lot 13 of said plat of Cogburn South 00017'00" West 124.51 feet to the southwest comer of said Lot 13, said point being on the north boundary of the plat of the Second Addition to Seeger Estates as:platted and recorded in Book 67, Page 7 of the Lane County Oregon Plat Records; thence leaving said west boundary and running along the north . boundary Of the said plat' of the Second Addition to Seeger Estates North 87030'00" West 186.90 feet to the point ofbeginriing, all in Lane County Oregon . .. . c The owner is partitioning said real. property into 3 parcels as approved under City of Springfield Planning File No. SUB2008c00030. This easement is being created to provide . ingress and.egress.acrossJ'arceLl,.I'arceL2 andParceL3. to.s.erye .I'.ar'-'.cl J ,1'arcellJ!nd I'~cel . ::; '0th access to the. public road and impacts Parcel I, Parcel 2 and Parcel 3 of Land Partition Plat No. .. recorded' ,2009,- ,- Inst. No. . Lane County Oregon Official Records.. DECLARATION OF EASEMENT: 1. Easement Created: Roy W. Lundblad does hereby create a perpetual easement as described in Exhibit "A", attached, for the mutual and exclusive use of Parcel 1, Parcel 2 and Parcel 3 of the aforementioned partition plat, as recorded in the Lane C<?unty Oregon Official Records. . A,ccess,Eas~ment.and Maintenance Agreement --Page 1 , ' ~ Date Received: DEe - 2 2009 2. . ' , Original submittal Purnose. The easement is created to provide for ingress and egress and emergency vehicle access from Parcel 1, Parcel 2 and Parcel 3 of said Land Partition Plat to the public street That portion of the access easement not encumbered by an underlying public utility easement may also be used by the aforementioned Parcels for the installation of private utilities, including, but not 'limited to water selYice, electrical service. telecommunication services, storm water' drainage 'and sanitary sewer service ,lines as long as such use does not, . interfere with ingress/egress access provisions granted herein. No vehicle parking of any kind will be allowed within the easement area 3. . Use of Burdened Pronertv. .The owners or occupiers of the parcels affected by the ,easement shall have the right to use their property, including the area' . described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. . Maintenance and Renairs. The cost of any maintenance or repair of the area within the easement shall be shared by the owners of Parcell, Parcel 2 and Parcel 3 of said Land Partition proportionate to their use as described in ORS '105.107 to 105.185, and as may be amended from time to time. Howe'Ver, any 'repairs necessitated by the negligence or the niisuseof the easement area and. rights granted herein by either Parcell, Parcel 2 or Parce13, their agents or invitees, shall be the sole responsibility of the negligent party. ,'All work sJ:1all_ be , . performed by a licensed contractor and the repaired area returned to its former condition once the repair work has been completed. . 4. 5. Pronertv Taxes~ Each Parcel shall be responsible for the property taxes for that .portion of their property within the easement area. . 6. Private Grant. The easement created by this instrument does not constitute a dedication or gi-ant for public use. 7.' 'Successors in Interest. The provisions of this instrument touch and concerTI, and relate to the use ofPar~ell, Parcel 2 and Parcel 3 of said Land Partition Plat, and are .intended to be covenants and restrictions running with the land. 8.' Indemnitv. .. Users of the roadway for access or maintenance ("Uso:;rs") shall assume all risks arising out of their use of the Easement. Specifically, but. . _ .i:v.\Ql.ouJ lj!llj!i'tj()I1' Parcel.Own~rs shal! haVe: n01i~~ility.!0 USe:rs or their agents and employees, or any independent contractor hired by Users solely based' on' .. , . their status as a Parcel Owner. Users agree to indemnify and hold harmless . Parcel 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 Users arising out of their use of the Easement. 9.' Lee:al Prc)ceedin"s. If any legal proceeding is co=enced for the purpose of interpreting or enforcing any provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover reasonable attorney's fees in such proceeding, or any appeal thereof, in addition to the 'costs arid disbursements allowed)ylaw. . Access .Easement. and Maintenance Agreement - Page 2 " 1-3. Arbitration, Any claim, controversy or dispute arising out of this Easement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such. 'arbitration shall be conducted in,Lane County, Oregon. All provisions of this instrument, including the benefits and burdens, are binding and enure to the heirs, successors, assigns, transferees, and personal representatives of all parties who own 'any of the aforementioned parcels. .' , ' . . ,1?I/V/Z . , ' Dated this~1 ) ~y of ., y~ .2009. ~->jt /j(/, ,,~ . Roy W. Lun~lad Date Received: DEe - 2 2009 ) . ) ss County of Lane ) O~this ,/d day of ~ . 2009 there appeared before me, a Notary Public for the State of Oregon, County of :r--arie the hereon named Roy W. Lu~dblad, being, known to me, or proved tomeby asatisfact~ry evidence, to be the same person who 'executed the foregoing instrument and 'acknowledged the same to be.hisvoluntary act and deed. In witness whereof, '1 ha";'e hereunto set my' hand and affixed my seaL ' , '~i"",-1!:xf ~.J.L ' , .' . , Notary Public for Oregon ' My commission expires: r/I'/i /2-D ; I STATE OF OREGON Original Submittal , OFFiCI.~L SEAL SUSAN G STOVALL NOT MY PUBLIC. OREGON COMMISSION NO. 420738 MY COMMiSSION EXFiRES SEPT:18;2011' - . , . Access Easement and ~ifainten~nce Agreement ~ Page 3 . . .' . . . - , Exhibit "A" Easement Area Beginning at the southeast co~~r of Bralyn Estates as platted and recorded iri File 73, Slide 35 of the Lane County Oregon Plat Records thence along the east bouI)dary of said Bralyn Estates North 00017'00" East'l50.13 feet to the southwest corner of Lot 12 of the plat of Cogburn as, . platted and recorded in Book 66, Page 25 oftl-ie Lane County Oregon Plat Records; thence . leaving said east boundary and running along the south boundary of Lot 12'ofthesaid plat~of . Cogburn South 87030'00" East 139.90 feet to the True Point of Begiiming; thence leaving said ,south boundary and running South 2030'00" West 22.19 feet; thence South 53024'17" East' 26.89 feet; thence South 00017'00" West'52.88 feet; thence South 87030'00" East 26.17 feet to. " a point in the west boundary of Lot 13 of said plat of Cogburn; thencealong the we~t boundary. of said Lot 13 North 00017'00" East 64.54 feet to the northwest corner of said Lot 13, said point being on the southwesterlym~gin of 66th Street, 25.0 feet from, when measured at' right , angles to, .the 'centerlme of 66th Street; ihence along the southwesterly margin of 66th. Street, ' along the arc of a 275.00 foot radius curve right (the chord of which bears North 53026'10" West 45.72 feet) a distance of 45.77 feet to the southeast' corrier of Lot 13 of said plat of Cogburn; thence leaving said southwesteriy margin and .running along the,south boundary of said Lot 12 North 87030'00" West 10.12 feet to the True Point of Begmning, all in Lane County Oregon. . " Date Received: DEe - 2 2009 Original Submittal Access Easement and Maintenance ~oreement - Page 4.