HomeMy WebLinkAboutEasement APPLICANT 6/3/2009 (4)
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DRAINAGE EASEMENT
1. 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 feetEast of the stone marking the re-
entrant comer 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 carper, 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.
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Date Received: 0 '/l 161
Planner: LM
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RIDER lA
2. Grantor shall not be liable to Grantees for any loss or damage arising out of use of the
Easement Area by Gnmtees. Grantees shall indemnify and hold harmless Grantor from and
against any and all claims, demands, damages, losses, liabilities and expenses (including
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attorneys' fees) arising out of the existence of the drain pipe or the use of the Easement Area by
Grantees, including, without limitation, any and all c1ainis, losses, or liabilities arising out of or
related to any hazardous waste or hazardous substances, as defined or listed in any applicable
federal, state, or local law, rule or regulation, or which constitute a public health haZard, as
defined by rules of the Oregon State Health Division.
3. Grantees, at Grantees' expense, shall maintain the drain pipe and Easement Area in a
good and workmanlike condition and promptly shall repair any and all damage thereto. Grantees
shall 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
whenever 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 wlleasonably withheld. .
4. In the event Grantees fail to effect 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
maintenance or repair (or immediately in the event of.an emergency), then Grantor shall have the
right, but not the obligation, to effect, or cause to be effected, such maintenance or repair.
Grantees 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 fro,m 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
ofterrnination in the Lane County real estate records. Grantor's signature alone on such
memorandum shall be sufficient to effect termination of this Easement; however, Grantees shall
execute such memorandum 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 municipal laws, ordinances;regulations, and requirements.
7. . In the event that all or any part of the Easement Area is taken by condemnation or power
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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
such 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 condenmation shall 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 interp:1Z{ ~1orce any rights hereunder'if~B'R~N~ shall be entitled
Date Received: IJ' Planner: LM
Planner: LM Page 2 of 5 01&4923.01
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to recover its attorneys', paralegals', accountants', and other experts' fees and expenses and all
other fees and expenses actually incurred and reasonably necessary in connection therewith, as
determined by the court at trial or on any appeal or review, in addition to all other amounts
provided 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 performam:e of such obligation, to obtain
appropriate injunctive relief (without the necessity of showing inadequate remedies at law), to
cure the 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.
10. This Easement may not be modified or amended except by the ,,'litten agreement of the
parties recorded in the real estate records of Lane County, Oregon.
Date Received: (f Is 100;
Planner: LM .
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{H64923.QI
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RIDER 2A
Grantor:
SPR..1NGFIELD FOREST PRODUCTS, L.P., acting
by and t.h.rough Hamstreet & Company, Chapter 11
Trustee of Springtield Forest Products, L.P.
Grantees:
JO~
-UaM~ Gffi1
Nancy Ash .
STATE OF OREGON )
COUNTY OF /r1/Jl/f' ~ ss.
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The forego~g instrument w~ acknowled.~ed b~fore me on thisdflday of Afr,! ,1998, by
,jhj r/pr./\OiJ VI/(\ , who IS the 1/,((1 (1'f5iIY,(ut-ofHamstreet & Company, the Chapter 11
Trustee/0f Springfield Forest Products, L.P., on behalf of Springfield Forest Products, L.P.
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C/)/fYliL. U /YAt-
Notary Public, State ~f ~1t.n Jl.
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Date Recelved:fd ~ 161
Planner: LM
0164923.01
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