HomeMy WebLinkAboutEasement APPLICANT 5/28/2010
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After recording return to:
Springfield Church of the Brethren
1072 Main Street
Springfield, Oregon 97477
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Until a change is requested
Mail all Tax Statements:
No Change
Division of Chief Depuly Clerk ~nln.M'ol~
Lane Counly Deeds and Records LV V VLwU L
1111111111111111111111111111111111111111111111111 $72.00
0114969020100023812006006205/19/2010 02:36:04 PM
RPR-ESMT Cnl=2 Sln=8 CRSHIER 02
$5.00 $30.00 $10.00 $11.00 $16.00
IRREVOCABLE PRIVATE ACCESS AND UTILITY
EASEMENT AND MAINTENANCE AGREEMENT
RECITALS:
Springfield Church of the Brethren is the owner ofthree abutting properties located in the
Southeast one-quarter of Section 35 in Township 17 South, Range 3 West of the Willamette
Meridian referred to herein as Tract I, Tract 2 and Tract 3 and being more particularly described
as follows:.
See "Exhibit A"
The owner has received approval under Springfield Journal No. SUB 2009-00016 to adjust the
common boundary between Tract I and Tract 2 whereby Tract 2 will not have frontage on a
public road. In accordance with SDC Section 4.2-120(A)(I )(a) and the conditions of approval of
the property line adjustment application the owner is proposing to create a variable width joint
access and utility easement with maintenance provisions across the Tract 3 property for the
benefit of the as adjusted boundaries of the Tract I and Tract 2 properties to provide the as
adjusted boundaries of Tract I and Tract 2 with access to the public road
DECLARATION OF EASEMENT:
I. Easement Created. Springfield Church of the Brethren does hereby create a
perpetual, irrevocable easement as described in Exhibit "B", attached, for the
mutual and exclusive use of the Tract I, Tract 2 and Tract 3 properties described
herein.
2. PUTOose. The easement is created to provide for ingress and egress and
emergency vehicle access from the Tract I and Tract 2 propcrties to the public
street The Easement Area may also be used by the aforementioned Tracts for the
installation of private utilities, including, but not limitcd to water service,
electrical service. telecommunication services, storm watcr 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 PropertY. 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 easemcnt, for any purpose as long as the owners or occupiers do
not interfere with the use of the easement as granted by this instrument.
Access Easement and Maintenance Agreement - Page I
Date Received:
Planner: MEM
51~gtJtJ
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4. Maintenance and Reoairs. The cost of any maintenance or repair of the area
within the easement shall be shared by the owners of the Tract I, Tract 2 and
Tract 3 properties 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 of the easement area and rights
granted herein by an individual owner of the Tract I, Tract 2 or Tract 3 properties,
their agents or invitees, shall be the sole responsibility of the negligent party. All
work shall be performed by a licensed and bonded contractor and the repaired area
shall be returned to its former condition once the repair work has been completed.
5. Prooertv Taxes. The Tract 3 property shall be responsible for the property taxes
within the easement area. .
6. Private Grant. The easement created by this instrument does not constitute a
dedication or grant for public use.
7. Successors in Interest. The provisions of this instrument touch and concern, and
relate to the use of the Tract I, Tract 2 and Tract 3 properties and are intended to
be covenants and restrictions running with the land.
8. Indemnitv. Users of the roadway for access or maintenance ("Users") shall
assume all risks arising out of their use of the Easement. Specifically, but without
limitation, individual Tract Owners shall have no liability to Users or their agents
and employees, or any independent contractor hired by Users solely based on their
status as a Tract Owner. Users agree to indemnify and hold harmless Tract
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. 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.
10. 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.
II. Modification. If future development proposals result in the need to eliminate or
modify this easement, this Declaration may only be amended or removed with
City Planning approval.
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.
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Access Easeme~rand.Main'teIJlince Agreement. Page 2
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Dated this
dIrk
day of
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Springfield urch of the Brethren
Oversight Council
,2010
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~.Aftne chell, Recorder
C\.r...'~ Springfield Church of the Brethren
\'\""'J ~t Oversight Council
)
) ss.
County of Lane )
On fu~0 c( ,2010, personally appeared before
me -::::::JJ2~'~ . (\o{"'c-..O\c{) ,a notary public for the said state and
county the above named Leslie Seese , being known to me or proved to me on a
satisfactory basis to be the same person who executed the declaration hereon in her authorized
capacity as Chair of the Springfield Church of the Brethren Oversight Council, and
acknowledged the same to bc her voluntary act and deed. In witness whereof, I have hereunto set
~nd affixed my seal. () I
,?1'~f(WW\.. l 1M- A\fi U/
NOtary Public for Oregon I n Lv () ^ L
My Commission Expires: !\)r-.J '/ . 'f l) \
STATE OF OREGON
.OFFlClAl SEAL
. LEEANNCOM~ON
. , NOTARY PUBUC-OREGON
\.. .' c' COMMISSION NO. 423751
. tlY COMMISSION OO'lRES NOVEMBER 26. 201 1
)
) ss,
County of Lane )
. ~/} On ~ \ ~ C( 20 I 0, personally appeared before
(3 It me l "''^ ' 0<'<\ \) \-6r\ , a notary public for the said state and
, ~JL county thl: lI.~o~~d - '-AHH~ Burchett , being known to me or proved to me on a
'cf::'Q.!., ::.s"a:tisfactory basis to be the same person who executed the declaration hereon in her authorized
1:AI:'"$; capacity as Recorder of the Springfield Church of the Brethren Oversight Council, and
acknowledged the same to be her voluntary aet and deed. In witness whereof, I have hereunto
se=;: :nd affixed mlf~ ~
~!~(M1,~" (j1'-.e<./f6X k -'
Notary Publie for Oregon \ \ () n f\ 1 j
My Commission Expires: N 0 {( (~{ 'Lu VI
STATE OF OREGON
. OFRCiAL SEAL
\' N~~~~~:~
COMMISSION NO. 423751
MV COMMISSION WIRES NOVEMBER 26. 2011
Access Easement and Maintenance Agreement - Page 3
Date Received: 51:JJ:l! fO
Planner: MEM
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Exhibit" A"
(I)
Tract 1
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4600
Beginning at a point on the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'J 2" East 480.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 10th Street South 1013'00" East 67.22 feet
to the True Point of Beginning; thence South 88055'12" West 29.24 feet; thence South 1013'00"
East 10.08 feet; thence South 88055'12" West 5.54 feet; thence South 1013'00" East 38.40 feet;
thence South 88055'12 West 85.22 feet to a point on the west boundary of that cettain tract of
land described in a bargain and sale deed recorded November 26, 1979 Inst. No. 7969955 Lane
County Oregon Deed Records; thence along said west boundary South 1013'00" East 62.42 feet
to a point in the north margin of the relocated Main Street as said north margin is described in a
deed of conveyance registered in Book 14, Page 480 ofthe Certificate of Registered Titles as
Reception No. 31679 Lane County Oregon Deed Records; thence along the north margin of the
relocated Main Street South 81055'58" East 60.80 feet to a point in the east boundary of Block 7
of said Brattain's Addition to Springfield; thence along the east boundary of said Block 7 South
I 013'00" East 9.10 feet to the southeast corner thereof, said point being on the north margin of
Main Street 33.0 feet from, when measured at right angles to the centerline of Main Street;
thence along the north margin of Main Street North 89028'23" East 60.00 feet to a point which
bears South 1013'00" East from the true point of beginning; thence North 1013'00" West 130.24
feet to the True Point of Beginning, all in Lane County Oregon.
Tract 2
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4700
Beginning at a point on the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 360.00 feet from the southwest corner of said Block 7; thence continuing
along the south margin of said east/west alley North 88055'12" East 120.00 feet; thence leaving
said south margin and running parallel to the east margin of 1 0" Street South 1013'00" East 67.22
feet; thence South 88055'12" West 29.24 feet; thence South 1013'00" East 10.08 feet; thence
South 88055'12" West 5.54 feet; thence South 1.013'00" East 38.40 feet; thence South 88055'12
West 85.22 feet to a point on the west boundary of that certain tract ofland described in a
bargain and sale deed recorded November 26, 1979 Inst. No. 7969955 Lane County Oregon
Deed Records; thence along said west boundary North 1013'00" West 115.70 feet to the point of
beginning, all in Lane County Oregon
Access Easement 8J;1d !\1aj~!enanc~,~greement ~ Page 4
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Exhibit "A"
(2)
Tract 3
Assessor's Map No. 17-03-35-41 Tax Lot 4800
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 300.00 feet from the southwest corner of said Block 7; thence continuing
along the south margin of said east/west alley North 88055'12" East 60.00 feet; thence leaving
said south margin and running parallel to the east margin of I Oth Street South 1013'00" East
178.12 feet to a point in the north margin of the relocated Main Street as said north margin is
described in a deed of conveyance registered' in Book 14, Page 480 of the Certificate of
Registered Titles as Reception No. 31679 Lane County Oregon Deed Records; thence along the
north margin of the relocated Main Street North 81055'58" West 60.80 feet to a point which
bears South I 013'00" East from the point of beginning; thence North I 013'00" West 168.46 feet
to the point of beginning, all in Lane County, Oregon.
Access Easement and Maintenance Agreement - Page 5
Date Received:~
Planner: MEM
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Exhibit "B"
Easement Area
Beginning at a point on the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83 feet and
North 88055' 12" East 360.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 1 O'h Street South 1013 '00" East 178.12
feet to a point in the north margin of the relocated Main Street as said north margin is described
in a deed of conveyance registered in Book 14, Page 480 of the Certificate of Registered Titles as
Reception No. 31679 Lane County Oregon Deed Records; thence along the north margin of the
relocated Main Street North 81055'58" West 26.35 feet; thence leaving said north margin and
running North 1 013'00" West 134.00 feet; thence South 88055'12" West 12.00 feet; thence North
1013'00" West 39.93 feet to a point on the south margin ofthe aforementioned east/west alley;
thence along said south margin North 88055'12" East 38.00 feet to the point of beginning, all in
Lane County Oregon.
Access Easement and Maintenance Agreement - Page 6
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