Loading...
HomeMy WebLinkAboutEasement APPLICANT 5/28/2010 ..1 ;-.. . . After recording return to: Springfield Church of the Brethren 1072 Main Street Springfield, Oregon 97477 ~:"'l 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 . . 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. ". Access Easeme~rand.Main'teIJlince Agreement. Page 2 '- '. "'I ... ...... " ,i' ' ., . . Dated this dIrk day of ~ ~r Springfield urch of the Brethren Oversight Council ,2010 ~-C"~ ~.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 . . 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 Lt......" "'1 ''".'1- ....... ". . . ,)-.....~ y 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 . . ~ 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 . .. \ '. " . . . ~. '''. ..1 .1" if'" .