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Home My WebLink AboutEasement APPLICANT 6/3/2009 (2) i .. . . PUBLIC UTILITY EASEMENT THIS INDENTURE MADE and entered into thisLtfh day at {j; 10 "1.- aiIL" , 1998, and between John and Nancy Ash, hereinafter referred fa as the Granfors, and he CITY OF SPRINGFIELD, a municipal corporation, in Lane County, hereinafter referred to as the Granfee, WITNESSETH: In consideration at fhe acceptance by Grantee and the use or holding of said easement for presenf or fufure public use by Grantee, Granfors hereby grant bargain, sell and convey unfo the Grantee, a perpetual easemenf 7.0 feet in widfh, together with the right fa go upon said easement area hereinatter described for fhe purpose of consfructing. reconsfructing, maintaining and using public utilities which may hereatter be installed on fhe following described property, to-wit: The north 7.0 feet of the following described parcel of land: (out of 120335 003DO) Beginning at fhe 1-3/4" iron pipe that replaced fhe original )1," pipe thaf was set on the southerly righf-of-way line of the Southern Pacific Railroad 100 feet from when measured at right angles to the main line cenferline. said point also being 571.20 feet North and 1217.54 feef East of the stone marking the re-entrant corner of the Isaac Briggs DLC #39 in Township 18 South, Range 3 West of the Willamette Meridian: and said point called out to be.571.34 feet North and . . 1218.33 feet East of said re-entrant corner; and run thence South DO 01' East 278.13 feet along fhe East line of the Wesf Y, of soLd Briggs claim to a point; thence North 66 37' 15" West 41.53 feet to a point; thence North 82 29'20" West 396.42 feet to a point;thence North 04 49'51" East 250.55 feet to a point on the Southern Pacific Railroad right of way; thence along said right-of- way on an 11,559.19 feet radius curve fa the lett having a central angle of ad' 16'46", an arc length of 56.40 feet by a long chord that bears Soufh 84< 19'52" East 56.40 feet to the ending point of curve; fhence Soufh 84028' 15" East 355.48 feet to the point of beginning, and being all in Sections 36 and I in Township 17 and 18 South. Range 3 West of the Willamette Meridian. Lane County. Oregon. TO HAVE AND TO HOLD the above easement to the said Grantee, its heirs and assigns torever. IN WITNESS WHEREOF, the Grantors above named have hereunto set their hand and seals this (l~h day of . nO)/1&...( C<Ah (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON SS COUNTY OF LANE SS --P' /""' b BE IT REMEM8ERED. that on this.'> day of I- <!.- '-l ft (Z t . 1998, before me, fhe undersigned. a Notary Public in and for said County and State, personally appeared the within named (\11V1C:;t ':l~c." \4s t... known to me to be the identical individual described in an who execufed the within instrument and C:U--t\ 1:1 acknowledged to me that voluntarily. . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal the day and year last above written. executed the same freely and ~ My Commission Expires . OFFICIAL SEAL KATHRYN M EVANS . UBLIC.()REGON COMMISSION NO. 305562 tli COMMISSION EXPIRES OCT. 6 2001 Date Received: Planner: LM U/5/ ~q , i. .' .... . . PUBLIC UTILITY EASEMENT THIS INDENTURE MADE and entered into thiSSl-t, day of !=rj:J n j O.fVI998, and befween John and Nancy Ash, hereinafter referred fa as the Grantors, and t~e CITY OF SPRINGFIELD, a municipal corporation, in Lane County, hereinafter reterred to as the Grantee, WITNESSETH: In consideration of the acceptance by Grantee and the use or holding at said easement for present or future public use by Grantee, Grantors hereby grant. bargain, sell and' convey unto the Grantee, a perpetual easement 7,0 teet in width, together with the right to go upon said easement area hereinafter described tor the purpose at constructing, reconstructing, maintaining and using public utilities which may hereafter be installed on the following described property, to-wit: The north 7,0 teet at the following described parcel of land: (out of 120335 00300) Beginning at the 1-3/4" iron pipe that replaced the original 1," pipe that was set on the southerly right-of-way line of the Southern Pacitic Railroad 100 feet from when measured at right angles to the main line centerline, said point also being 571 ,20 feet North and 1217,54 feet East of the stone marking the re-entrant corner of the Isaac Briggs DLC #39 in Township 18 South, Range 3 West of the Willamette Meridian: and said point called Ol!t to be 571,34 feet North and 1218.33 feet East of said re-entrant corner: and run thence South ad' 01 ' East 278.13 feet along the East line of the West 1, of said Briggs claim to a point: thence North 66" 37'15" West 41 ,53 feet to a point: thence North 81"29'20" West 396.42 feet to a point: thence North 04 49'51" East 250.55 feet to a point on the Southern Pacific Railroad right of way: thence along said right-ot- way on an 11.559.19 feet radius curve to the left having a central angle of o<f 16'46", an arc length of 56.40 feet by a long chord that bears South 84 19'52" East 56.40 feet to the ending point of curve: thence South 84" 28' 15" East 355.48 feet to the point of beginning, and being all in Sections 36 and 1 in Township 17 and 18 South, Range 3 West of the Wiilamette Meridian, Lane County, Oregon. . TO HAVE AND TO HOLD the above easement to the said Grantee, its heirs and assigns forever. IN WITNESS WHEREOF, the Grantors above' named have hereunto set their hand and se"'8his Ii f-h day of k 'JUtL fI I Jal11 (Lf 0iJJ1 (SEAL) (SEAL) ~~U ~~U STATE OF OREGON SS COUNTY OF LANE SS BE IT REMEMBERED, that on this ::::i~Jl day of r:p .fiJrUaJ/~ ,1998, befor~ me, the undersigned, a Notary Public in and for said County and State, p rsonally appeared the within named ill\~c~ J.c;rJi"" . A ."h. ~nown to me to be the identical individual described in an who executed the Within Instrument and acknowledged to me that ~ K e.,-/ executed the same treely and voluntarily, I IN TESTIMONY WHEREOF, I have hereunto set my hand and attixed by official seal the day and year last above written, ~. c: ~ r Oregon My Commission Expires . OFFICIAL SEAL KATHRYN M EVANS . ..' NOTARY PUBlIC.QREGON . COMMISSION NO 305562 MY COMMISSION EXPIRES OCT. 6, 2001 ! . Date Received: It. h I Af) Planner: LM ~ 4 . . ,.... . . SPRINGFIELD FOREST PRODUCTS, L.P. February 10, 1998 Mr. Jim Donovan City of Springfield Planning Department 225 5th Street Springfield, OR 97477 RE: Easement for John & Nancy Ash at 2187 So. F. Street, Springfield, OR Dear Mr. Donovan: This letter is written on behalf of the above parties who are seeking final site plan approval and a building permit for new construction at the above address. " John and Nancy Ash have requested an easement from Springfield Forest Products to provide stormwater drainage from their property to the millrace. We are willing to provide such easement, however, due to the present Chapter 11 Bankruptcy status of the company, such a request requires court approval. We are processing this request but there is no assurance the court will approve it. If all goes according to plan and the court is willing to enter an order based on the notice to be sent, then the process should take about 30 days. The court may require a hearing which could take longer. We have no objections to the temporary permit for John & Mary Ash so their project will not be further delayed, but we cannot guarantee that the court will approve the transfer of an easement. Your attention to this is appreciated. Sincerely, William H. Wright General Manager - SFP . Hamstreet & Company, Trustee WHW/lp cc: John & Nancy Ash Date ReceiVed:Jij~ 10 1 Planner: LM ' P.O. Box 719 . Springfield, OR 97477-0100 . (541) 726-2124 . FAX: (541) 744'2944