HomeMy WebLinkAboutEasement APPLICANT 8/27/2009
Mter recording return to:
Roy Lundblad. '.
1444 Vera Drive
Springfield, Oregon 97477
Until a change is requested
Mail all Tax Statements:
No Change
PRE-5UBMI1TAL RECIO
AUG 2 7 2009
PRIVATE ACCESS AND UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
Roy W. Lundblad is the owner of a certain tract of real property located in the Northeast one-
quarter of Section34 in Towns~ip 17 South, Range 2 West of the Willamette Meridian. The
legal description of the real' property is as follows: . '.
Beginning at the. southeast corner of Bralyn Estates as platted and recorded in File 73, Slide 35
of the Lane. County Oregon Plat Records t]:1ence along the eaSt. boundary of said Bralyil Estates
North 0001 ioo" East 150.13 feet to the southwest corner of Lot 12 of the plat of Cogburn as
platted and recorded in Book 66, Page 25 of the Lane County Oregon Plat Records; thetice
leaving said east boundary and running along the south boundary of Lot 12 of the said plat of
Cogburn South 8T30'00" East 150.02 feet to the southeast corner of said Lot 12, said point
. th '0".' . .
being on the westerly margin of the 66 Street cul-de-sac as dedicated in the saidplat'of
Cogburn; thence leaving said south boundary and running along the westerly margin of the 66th
Streetcul-decsac as dedicated by a.street deed recorded 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 53026'10" East 45.72 feet) a distance of 45.77 feet to the northwest
corner of Lot 13 of said plat of Cogburn; thence leaving said westerly milrgin and ninriing .
along the west boundary of Lot 13 of said plat of Cogburn South 0001 iOO"West 124.51 feet
. to the southwest corner of said Lot'I3, 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 PI~t 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 of beginning, all in Lane County Oregon
The owner is partitioning said real property into 3 'parcels as approved under City of
Springfield Plannmg File No. SUB2008-00030: This easement is being created to provide
ingress-and egress across Parcel 1, Farcel2 andJ?arcel3 .to serve Parcell,.Parcel2andParcel
3 with' access to the public road and impacts Parcell, Parcel 2 and Parcel 3 of Land Partition
Plat No. . recorded .2009, .-
. Inst. No. , Lane County Oregon OfflcialRecords..
DECLARATION OF EASEMENT:
1. Easement Createc!: 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 County Oregon Official Records.
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Access Easement and Maintenance Agreement - Page 1
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PRE-SUBMITTAL RECID
AUG 2, 7 l009
2. .. Purnose. The easement is created to provide for ingress and egress and . j
emergency vehicle access from Parcell, Parcel 2 and Parcel 3 -of sa:idTari,r----'
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 in~tallation of private utilities, including, but not
limited to water service, electrical service. telecommunication services, storm
water drainage and sanitary sewer service jines 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 Prooerty. 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 .!'ny purpose as long as the owners or o~cupiers
do not interfere with the use of the' easement as granted by this instrument.
4. Maintenance and Repair~. 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. However, any
repairs necessitated by the negligence or the misuse oftne easement area and
rights granted herein by either Parcel 1, Parcel 2 or Parcel 3, their agents or
invitees, shall be the sole responsibility of the negligent party. All work shall be
performed by a licensed contractor and the repaired area returned to its former.
condition once the repair work has been completed.
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 grant for public use. .
Successors in Interest. The provisions of this instrument touch and concern,
arid relate to the use of Parcel I, 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 ~ccess or maintenance ("U~ers") shall
assume all risks arising out oftheir use of the Easement. Specifically, but
._",j!!1out limitation, Parcel Owners shall have no liability to Users or their agents
and employees, or any independent contractor hired by Users'sciidy based on
theii 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. .
7.
9.
Legal Proceedings. If any legal proceeding is commenced 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 and disbursements
allowed by law.
Access Easement and Maintenance Agreement - Page 2
13. 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.
Dated this
day of
,2009.
Roy W. Luridblad
STATE OF OREGON
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) ss
)
County of Lane
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Ohthis day of , 2009 there appeared before me, a
Notary Public for the State of Oregon, County of Lane the hereon named Roy W. Lundblad,
being known to me, or proved to me by a satisfactory evidel1ce, to be the same person who
. executed the foregoing instrument and acknowledged the same to be his voluntary act and
deed. In witness whereof, I have here'unto set my hand and affixed my seal.
Notary Public for Oregon
My commissioh expires:
PRE-SUBMIITAL REC'O'
. AUG2 7 2009
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Access Easemeilt and Maintenance Agreement - Page 3
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Exhibit "A"
Easement Area
Beginning at the southeast.comer of Bralyn Estates as platted and recorded in File 73, Slide 35
. of the Lane County Oregon Plat Records thence alorig the east boundary of sald Bralyn Estates
North 00017'00" East 150.13 feet to the soutnwest corner of Lot 12 of the plitt of Cogburn as
. platted and recorded in Book 66, Page is of the Lane' County Oregon Plat Records; thence
. .leaving said east boundary and running along the south boundary of Lot 12 of the said plat of
. , . . ' ,
Cogburn South 87030'00" East 139.90 feet to the True Point of BegiDllirig; thence leaving said
south boundaiY and running South 2030'00" West 22.19 feet; thence South 53,024'i 7" East
26.89 feet; thence South 00017'00" West 52.88 feet; thence South 87030'00" East 26.17feet to .
a point in the west boundary of Lot 13 of s~id plat of Cogburn; thence along the westboundai-y
of said Lot 13 North 00017'00" East 64.54 feet to the northwest corner of said Lot 13, said
point being on the southwestedy margin of 66th Street, 25,0 feet from, wh~n measured 'at right
. angles to; the centedine of 66th Street; thence 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 feetto the southeastcorner of Lot 13 of said plat of
Cogburn; thence leaving said southwesterly margin and rtinilmg along the south boundary of
said Lot 12 North 87030'00" West 10.12 feet to the True Point of Beginning, all ill Lane
County Oregon. . .
PRE.SUBMIllAL REC'O
AUG 2 7 2009
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Acce~s Easement and Maintenance Agreement - Page 4