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Home My WebLink AboutEasement APPLICANT 6/3/2009 (3) ;;-D' I ~ . r' ., . . ~ 98~i1G36 DRAINAGE EASEMENT I. Springfield Forest Products, L.P., acting by and through Hamstreet & Company, Chapter 11 Trustee of' Springfield Forest Products, L.P. (GRANTOR), grants nonexclusive easement (the "Easement") to John and Nancy Ash, 2187 South 'F' Street, . Springfield, Oregon, (GRANTEES) over and across the real property legally described as follows (the "Easement Area"): Commencing at a 1-3/4" iron pipe on the southerly right-of-way of the Southern Pacific Railroad 100 feet from when measured at right angles to the main line centerline: said point being 571.20 feet North and 1217.54 feet East of the stone marking the re- entrant corner of the Isaac Briggs Donation Land Claim No. 39 in Township 18 South, Range 3 West of the Willamette Meridian, Lane County, Oregon, and said point being called out to be 571.34 feet North and 1218.33 feet East of said re-entrant comer, thence South 0 01' East 278.13 feet along the East line of the West half of said Briggs Claim to an iron rod, thence North 66 37'15" West 41.53 feet'to an iron rod; thence North 82 29'20" West 197.70 feet to the Point of Beginning of a 15 foot Drainage Easement being 7.50 feet on each side of the following described centerline; thence South 7 30'40" West 60 feet more or less to the Mill Race and the end of the Easement. The GRANTEES are granted the right to use the Easement Area for the installation and maintenance of a drain pipe which serves their property. The Easement is appurtenant to GRANTEE's property served by the drain pipe. The Easement shall run with the land and shall be binding on GRANTOR and GRANTEES and shall inure to the benefit of GRANTOR and GRANTEES and their heirs, successors and assigns. {JL fc.VII/\ 10 ~ /lanCLj U{)h c9lcf'7. ~~+?1 I pi S.;oru15J/~(d/ Oe ~~S3APR.2B'98#OlREC 20.00 ~~~~APR.28'98#OlPFUND 10.00 ~~~2APR.28'98#OlA&T FUND 20.00 St. 9 7!-(! 7 Page 1 of 5 Date Received:J? /1/61 Planner: LM I . . 'I 98alG.J6 RIl!f;R lA 2_ Gl"antor shall not be liable to Grantees for any loss or damage arising out of use of the E a>ement Area by Grantees. Grantees shall indemnify and hold hannless Grantor from and a!lairist any and all claims, demands, damages, losses, liabilities and expenses (including att~meys' fees) arising out of the existence of the drain pipe or the use of the Easement Area by GImtees, including, without limitation, any and all claims, losses, or liabilities arising out of or rel~ted to any hazardous waste or hazardous substances, as defined or listed in any applicable federal, state, or local law, lUle or regulation, or which constitute a public health hazard, as delined by rules of the Oregon State Health Division. 3_ Grantees, at Grantees' expense, shall maintain the drain pipe and Easement Area in a gc()d and workmanlike condition and promptly shall repair any and all damage thereto. Grantees snail restore any surface or subsurface areas affected by its use of the Easement Area to their original condition. Grantees shall avoid disturbance to any improved areas of Grantor's property \vhenever possible in effecting such repairs. Before penetrating the soil for any subsurface work, Grantees shall deliver to Grantor complete plans showing the area affected for Grantor's approval, which shall not be unreasonably withheld: 4_ In the event Grantees fail to efft..'Ct any maintenance or repair under this Easement within three (3) days after the effective date of any notice from Grantor of the need for such m.aintenance or repair (or immediately in the event of an emergency), then Grantor shall have the rizht, but not the obligation, to effect, or cause to be effected, such maintenance or repair. Grmtees shall pay the cost of such maintenance or repair within 30 days after invoicing therefor, plus interest on such amount accruing at the rate often percent (10%) per annum from the effective date of the notice to maintain or repair until full payment is received. 5. This Easement shall continue in effect for so long as Grantees require the use of the drain pipe. Grantor may terminate this Easement at any time thereafter by recording a memorandum oftennination in the Lane County real estate records. Grantor's signature alone 011 such memorandum shall be sufficient to effect termination of this Easement; however, Grantees shall execute such membrandunl if requested by Grantor. 6. Grantees shall cause all uses of the Easement Area to be in conformance with all applicable federal, state, county, and murucipallaws, ordinances, regulations, and requirements. 7. In the event that all or any part of the Easement Area is taken by condemnation or power of eminent domain, or is conveyed under bona fide threat of condemnation, and such taking renders the Easement Area unusable for its intended use, then this Easement shall terminate. If slIch taking does not render the Easement so unusable, the obligations of the parties shall abate to the extent of the taking, but this Easement shall otherwise remain in full force and effect. Proceeds from any such condemnation shalI belong exclusively to Grantor. 8. If a suit, action, or other proceeding of any nature whatsoever (including any proceeding under the U.S. Bankruptcy Code) is instituted in connection with any controversy arising out of this Easement or to interpret or enforce any rights hereunder, the prevailing party shallbe entitled . Page 2 of 5 . 'pD,ate Received: ~/) /01 anner: lM '0164923.01 I ~ . . 9sa1636 torecover its anorneys', paralegals', accountants', and other experts' fees and expenses and all o tler fees and expenses actually incurred and reasonably necessary in connection therewith, as deermined by the court at trial oron any appeal or review, in addition to all other amounts pnvided by law. 9. In the event that either party fails to perform any obligation under this Easement, the other party shall be entitled to require specific performance of such obligation, to obtain 3Wropriate illjunctive relief (without the necessity of showing inadequate remedies at law), to cue t.i.e default of such obligation and recover the costs thereof from the party breaching such obligation, or to pursue any other remedy available at law or in equity. I (J. This Easement may not be modified or amended except by the wrinen agreement of the . p:J.'lies recorded in the rea! estate records of Lane County, Oregon. Date Received: Planner: LM (J I ~ ! tJ1 Page 3 of 5 (ll6492,.Qt . . . . . .~ J 98~;'lG36 RIDER 2A Grantor: SPR.TNGFIELD FOREST PRODUCTS, L.P., acting by and through Hamstreet & Company, Chapter 11 Trustee of Springfield Forest Products, L.P. By: .~ AM.MJ Title: VIti- ~y"sll'Duf-ofHamstreet & Company Grantees: ~ \ ../ Jo . ~~0AJ1 Nancy Ash STATE OF OREGON ) / ) 55. COUNTY OF U}JYl fi ) The foregoing instrument was acknowled&ed before me on this,u:1day of Ifpr/ I .1998, by jh(r/f',v J)blll1 . who is the Vie p fh11'rPfMfofHamstreet & Company, the Chapter 11 Trustee of Springfield Forest Products, L.P., on behalf of Springfield Forest Products, L.P. ~tate of Oregon County of lane - 55. l, the County Clerk, in and for the said County, do hereby certify that the within instrument was received for record at t/)!U&-lif4~' NotalY Public, State 6Yore~ /7 My Commission Expires: . Otc/ I .J&; /9 'f'J ''38 APR 28 PN 4:02 rA~e.?a' " ~ , '. OFFiCIAL SEAL NORA BIAGI ~ '.", NOT ARt PiJ8L1C . OREGON , .__...... COMMISt:,lGN NO. 036567 Q) l""""'='7.r~~~~:I:~~O;~I~~:,.J~~;~~~g;g };\, ~<;......'-..................------.,..---....-<;..-'-.~.,._................ ~ Reel 2412 R County Clerk Date ReCeIVed:.Jt/J I 0'7 Planner: LM 0164923.01 Lone County OFFICIAL Records Lane County Clerk By, U;Jl ~ ~,k,.y Page 4 of 5