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Home My WebLink AboutEasement APPLICANT 7/10/2009 (3) ,. . . ~f \0 r Division 0' Chl.r DapuLv Cl~k Lana County D..da ~nd Recorda " Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT The true and actual consideration for this declaration is other than monetary. KNOW ALL PERSONS BY THESE PRESENTS, that AniigoS IT!, UC, an Ofegon Limited Liability Company, hereafter "DECLARANT' hereby declares the following; RECITALS WHEREAS, DECLARANT, is the owner of (a) the lands conveyed as "TRACT I" and "TRACT 2" in that. certain Property Line Adjustment Ol:ed that was recorded Dece....ber 2\. 200SiLs Recorder's Number 2005 101301 intbe OffiCial Records of Lane County, State of Oregon and (b) the lanas that were conveyed in the WlIJTlIlIty Deed that was recorded April I, 2004 as Recorder's Number 2004-023227 in the Official Records of Lane County, State of Oregon; WHEREAS, DECLARANT desires to create easements and define maintenance responsibilities on certain areas for the benefit of future owners of said tracts as described below; and WHEREAS, DECLARANT desires to relocate an existing eaSement for ingress and egress that was created by that certain Declaration that was recorded May 16,2005 as Recorder's Number 2005-035540 in the Official Records of Lane County, State of Oregon. WITNESSETH NOW TIlEREFOR, Owner declares the following; 1. 2. Recitals' The recitals set forth hereinabove are made a part of this declaration as though fully set forth herein. Declaration ofEASEMRNT "An. DECLARANT hereby creates a variable width perpetnal easement for private ingress-egress and private utility purposes over that certain area that is described in "EXHlBIT A" attached hereto and made a part hereof for the common benefit of the above three tracts ofland. Nullification of"",vious easement' DECLARANT hereby nullifies and voids in its entirety that certain Declaration of Easement for Ingress and Egress that was recorded May 16, 2005 as Recorder's Number 2005-035540 in the Official Records of Lane County, State of Ore~on. Dee oration of EASEMENT "B'" DECLARANT hereby creatCs a 10.00 foot wide perpetual easement for private utility purposes over that certain area that is descnbed in "EXfI1BIT B" attached hereto and made a part hereof for the common benefit of the above three tracts ofland. 3. 4. DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT Pagelof5 PRE-SUBMITIAl REC'O 1 1\ ?nnq JUl. ~ , 9, . . 5. Extinl!ltishment Clause: That portion of EASEMENT "B" as created herein that lies northerly of the future margin ofNorth A Street will extinguish ili its entirety without further action upon completion and acceptance by the City ofSprin~eld of all of the following: (I) dedication and construction of North A Street, (2) connectIon of private utility lines from the south that lie in EASEMENT "B" to future poblic lmes in said street, and (3) abandonment of the private utility lines that lie in said EASEMENT "B" northerly of the new connection points; I Exclusion of PUEs' Notwithstanding any other language herein, these easements do not allow the placement of private utilities within any Public UtilitY Easement. Use ofEASEMENT "A'" The easement asdescribed hereinabove may be used forvehicular, equipment and pedestrian ingress and egress purposes by the:'owners of the above three tracts. No owner shall have the right to park, load or unload any vehicle in the driveway, sucb as to block tlie ingress-egress of the other owners other thaD in emergency conditions. Use of the Easement sball be on a regular, continuous, noneXclusive, nonpriority basis, benefitting the owners, their successors, assigns, lessees, mortgagees, invitees, guests, customers, agents and employees. However, none of the owners' rights hereunder shall lapse in the event ofthat owner's failure to use the Easement and driveway on a continuous basis. The owners or occupiers of the tracts affected by these easementS shall have the right to use their property, including the areas described as the easements, for, any purpose as lon~ as the owners or occupiers do not interfere with the use of the easements as granted by this instrument. i Maintenance and R'W<'if!r The driveway established within EASEMENT "A" sball be maintained in a condition which will allow a standard passenger car to pass across said driveway without sustaining any damage, other than normal wear. The cost of periodic maintenance and repWrs to the driveway within EASEMENT "I;." and the private utilities within said EASEMENT "A" and EASEMENT "B"shall be performed and paid for as follows:, a. In the event that repairs to the driveway become necessary due to the acts of one of the owners, then that owner shall pay for and perform stich repairs as are required under this agreement. . ' b. In all other events, the cost of repairs and maintenance,for the driveway shall be shared equally by the owners of the above three tracts. c. In the event that repairs to the private utilities become n!'CCSSary due to the acts of one of the owners, then that owner shall pay for and p6form such repairs as are required under this agreement. d. In all other events, the cost of repairs and maintenance to the private utilities shall be paid by the owner(s) of the respective utility. i e. In the event that an owner fails to perform any such necessary maintenance and repairs as required, the other owners, upon 15 days prior written notice to the nonperfonillng owner, may cause such work to be, done with a right of reimbursement for all sums necessarily and properly eXpended to remedy such failure, !fthe nonperforuting owner fails to pay sucb reimbursement on demand, the owner(s) causing such work to be done shall have the immediate right to record a lien agamst the nonperforming owner'. property benefitted bytbis agreement, The owners agree that such lien shall be treated as a construction lien pursuant to ORS Chapter 87, subject to foreclosure and priority as set forth in the constrnction lien statutes. . " Insurance' Each owner shall maintain public liability insurance at all times relating to all activities, conditions, operations and usages on or about the Easements and driveway. Each owner sball indemni1Y and hold barm1ess the other owners from any liability arising out of the usage of said Easements and driveway by said owner, their teiiants, agents, employees, guests and invitees. Annurtenance' The Easements set forth herein are not personal or in gross but are appurtenant to each and every portion of the three parcels benefitted herein, as more particularly described and set forth hereinabove. . DECLARA nON OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT Page 2 of5 6. 7. 8. 10. JULIO 2009 i' 1, . . II. Successors and AssilffiS' The Easements declared herein shall nul with the land herein described and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors and assigns. 12. Breach and Remedies' In addition to the remedies set forth above, a failure by any owner, their heirs, successorn and assigns, to perform any of the conditions or obligations specified herein, shall constitute a breach oflhis agreement In the event of a breach, the nonbreaching owner(s) shall have the right to pursue any and all remedies available, both at law or in equity, specifically including but not limited to, injunctive reliet; it being acknowledged that there may not exist an adequate remedy at law. 13. Yli!jyg; All rights hereunder are cumulative, and no waiver of any breach of this agreement shall effect any subsequent breach. No exercise or partial eXerCIse of any remedy shall be construed to preclude the exercise of any other remedy or of the remamder of any such partially exercised remedy at a later time, or of the same remedy at a later time. 14. Effect of Al!I'eemenl' Ifany part of this contract is adjudged invalid, the remainder of this contract shall not thereby be invalidated. 15. LitillStion Exnenses' In the event this declaration is placed in the hands of an attorney for enforcement of the provisions contained herein, the prevailing party shall be entitled to reimbursement from the other party a sum equal to all legal costs, including but not limited to, costs of trial, aitr aweal therefrom and costs of execution of any judgment, including reasonable attorney s fees incurred by said prevailing party as a result of the breach. IN WITNESS WHEREOF, we have executed this DECLARATION OF PRN ATE EASEMENTS AND MAINTENANCE AGREEMENT on this ~ day of 1)e1' e "'l IP..- , 20~. Amigo. IJI, LLC Limited Liability Company , STATE OF OREGON ) County of Lane )SS ~o~~~ax~~ sal~he.~O:~=oof1Aini~rrt:t:~~=~~~~~~:n::i was signed on behalf of said limited liability company and acknowledged the foregoing instrument to be his voluntary act and deed. J1_' iQ, W - ~l1c for Oregon G OFFICI1\lSEAL ~l1( GAll A t"..A'~A'J:N ,~~~$. ~OTfJlf PUBI.!:':. f;;:l.WCN ~"9f!t COMMISS10N NO. 370001 , MYCOI.IMISSlONfXl'llreSJULY23,Zi1D7 DECLARATION OF PRlV ATE EASEMENTS AND MAINTENANCE AGREEMENT Page 3 of5 PRE-SUBMITTAL REC'O JUL 1 0 2009 . . . . . . " EXHIBIT A EASEMENT "A" PRIVATE INGRESS AND EGRESS AND PRIVATE UTILnY EASEMENT SITUATED in the City of Springfield in the Southwest 1/4 of Section 34, Township 17 South, Range 2 West of the Willamene Meridian and described as follows: BEING a portion of the lands that were conveyed as "TRACT 1" and "TRACT 2" in that certain Property Line Adjusttnent Deed that was recorded Dee VV\ e... ll, 20 Ch as Recorder's Number 20Q$ I () I 30 \ in the lcial Records 0 Lane County, State of Oregon, said portion being more particularly described as follows: BEGINNING at the most southeasterly comer of said "TRACT I" wbicb POINT OF BEGINNING lies on the north margin of the McKenzie Highway as established in the conveyance to the State of Oregon tbat was recorded March 4, 1963 at Reception Number 1546 in the Official Records of Lane County, State of Oregon; lBENCE, leaving said POINT OF BEGINNING and along said north margin of the McKenzie Highway the following one numbered course: (1) NORTH 87' 43' 15" WEST 50.00 FEET ro the most southerly southwest. comer of said "TRACT 1 "; lBENCE, along the southerly west line of said "TRACT I" the following one numbered course: (Z) NORTH 86.12 FEET to a point of non-tangent curvature to the left; lBENCE, crossing into said "TRACT 1" and along the following three numbered courses: (3) along said non-tangent curvature to the leftbavinga radius center that beani North OS' 44' 21" West 10.00 FEET, a central angle of84' IS' 39" and a long chord of North 42' 07' 49" East 13.42 feet, an arc distance of 14.71 FEET to a point of tangent line that lies parallel with and 12.00 feet westerly by perpendicular measurement from the north segment of the west line of said "TRACT 2"; (4) along said tangentlparaJlelline, NORTH 104.63 FEET to a point that lies on the westerly extension of the north line of said ''TRACT 2"; and (5) leaving said tangent/parallel line and along said westerly extension EAST 12.00 FEET to the northwest comer of said "TRACT 2"; and lBENCE, along said north line of "TRACT 2" the following one numbered course: (6) EAST 12.00 FEET to a point on a line that lies parallel with and 12.00 feet easterly by perpendicular measurement from said north segment of the west line of 'TRACT 2"; lBENCE, leaving said north line along the following three numbered courses: (7) along last said parallel line and its southerly prolongation, SOUTIl100.81 FEET to a point on a line that lies parnJl.l with and 12.00 feet northeasterly by perpendicular measurement from the south segment of said west line of "TRACT 2"; (8) along last said parallel line, SOUTIll6' 07' 28" EAST 61.07 FEET to a point that lies on a line that bears North from the POINT OF BEGINN1NG; and (9) along last said line, SOUTIl43.21 FEET RETURNING to the POINT OF BEGINNING and containing 6,859 Square Feet more or less. 1X.c. Y 200<:;: REGISTERED PROFESSIONAL LAN SURVEYOR DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT . Page 4 of5 PRE-SUBMITTAL REC'O JUL 1 0 2009 . . . . . . EXHIBIT B EASEMENT "B" lO.oo.FOOT WIDE PRlV ATE UTILITY EASEMENT SITUATED in the City of Springfield in the Southwest 1/4 of Section 34. Township.17 South, Range 2 West of the Willamette Meridian and described as follows; BEING a portion of the lands that were conveyed as "TRACT I' in that certain Property Line Adjustment Deed that was recorded 'De,.- e.b, h-ev ~200Sas Recorder's Number 20 Os. I () J 30 \ . in the Official Records of Lane County, State of Oregon, said portion bemg a strip of land of unifonn width of 10.00 feet by perpendicular measurement the centerline of which strip is more particularly described as follows; BEGINNING at the northwest comer of said "TRACT 1 '; THENCE, leaving said POINT OF BEGINNING and crossing said "TRACT 1", NORDi 243.69 FEET more or less to a point on the north line of said "TRACT I' and the TERMINUS of the descnbed centerline. The sidelines of said strip being lengthened or shortened so as to tenninate (1) at said north line of "TRACT 1" at the north end of said strip and (2) at the north line of "TRACT 2' of said Property Line Adjustment Deed arid the westerly extension thereof at the south end of said strip. lkc. g 2cv REGISTERED PROFESSIONAL LAN SURVEYOR Ie. 13></ It-f:J,!o~ DECLARA nON OF PRlV ATE EASEMENTS AND MAINTENANCE AGREEMENT PageSofS PRE.SUBMITTAL REC'O JUL III