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HomeMy WebLinkAboutEasement APPLICANT 7/10/2009 (4) . . Recorded at the roques! of and after recording return to: ~----._----_. ~O Dlvlol"" .f CIllef De.ulv Cl..k Illln~-1V:lll~ ' JJ~ Lane Count V Deeda and Records "UUU.W~~ ~ ' 1111111111111111111111111111111111111111111111111 $61.00 \ \ 00828402200600633190070073 07/26/2006 10:13:22 AM RPR-ESHT Cnl=Z Slnol' CASHIER OZ 5'.00 535.00 510.00 511.00 Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENT AND MAINTENANCE AGREEMENT The true and actual consideration for this declaration is other than monetary. KNOW ALL PERSONS BY THESE PRESENTS, that (I) AMlGOS m, LLC, an Oregon Limited Liability Company, and 2) LIBERTY BANK, an Oregon Stock Bank, hereinafter "DECLARANTS" hereby declare the following: RECITALS: I. WHEREAS AMlGOS 01, LLC, an Oregon Limited Liability Company, being a Grantor/Grantee berein, is the owner of (a) the lands that are described in "Exhibits C and D" in the Property Line Adjustment Deed that was recorded March 20, 2006 at Recorder's Number 2006-018447 in the Official Records of Lane County, State of Oregon; (b) the lands that are described in "Exhibits C and D" in the Property Line Adjustment Deed that was recorded March 20, 2006 at Recorder's Number 2006-018448 in the Official Records of Lane County, State of Oregon; (c) the lands that are described as "Tract I" in "Exhibit A" in the Property Line Adjustment Deed that was recorded December 21,2005 at Recorder's Number 2005-101301 in the Official Records ofLane County, State of Oregon (d) the lands that are described as "Parcel I" in "Exhibit A" in the Statutory Warranty Deed that was recorded May 13, 2005 at Recorder's Number 2005-034709 in the Official Records ofLane County,State of Oregon, (e) the lands that are described in "Exhibit A" in the Statutory WalT1lnty Deed that was recorded April], 2004 at Recorder's Number 2004-023227 in the Official Records of Lane County, State of Oregon and (I) the lands that are described as "Parcels 1,2 and 3" in "Exhibit A" in the Statutory Warranty Deed that was recorded February 7, 2006 at Recorder's Number 2006-008513 in the Official Records of Lane County, State of Oregon; 2. WHEREAS LIBERTY BANK, an Oregon Stock Bank, a'so being a GrantorlGrantee herein, is the owner of the lands that are described in the Statutory Warranty Deed that was recorded June 30, 2006 at Recorder's Number 2006-046082 in the Official Records of Lane County, State of Oregon; 3. WHEREAS AMIGOS III, LLC is requesting Final Site Plan approval from the City of Springfield; 4. WHEREAS AMlGOS lli, LLC, and LIBERTY BANK desire to create a private joint use access easement and define maintenance responsibilities on certain areas and facilities for the benefit of the present and future owners of the above lands as described below; and 5. WHEREAS AMlGOS m, LLC and LIBERTY BANK desire to modify portions of that certain "Declaration of Private Easements and Maintenance Agreement" that was recorded December 21, 2005 at Recorder's Number 2005-101303 in the Official Records of Lane County, State of Oregon, as said portions relate to the private ingress-egress rights within "Easement A" of s~id document WITNESSETH: NOW THEREFOR, the above Declarants hereby declare the following: I. Recitals: The recitals set forth hereinabove are made a part of-this declaration as though fully set forth herein. 2. Declaration of EASEMENT: DECLARANTS hereby create a variable width perpetoal easement for private ingress*egress over that certain area that is described in "EXHIBIT A" attached heret<> and made a part hereof for the common benefit of the above tracts of land. Should any minor discrepancies occur between the as-constructed location of the driveway improvements and the courses called herein, the as'constructed location shall supercede the location as called in this instrument PRE-SUBMITTAL REC'O DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENT AND MAINTENANCE AGREEMENT.' JUL 1 0 2009 Page I of7 . . 3. 4. Nullification of a portion of previous easement Amigos Il~ LLC and Libeny Bank hereby nullify and void thaI portion of "Declaration of Private Easements and Maintenance Agreement" that was recorded December 21,2005 at Recorder's Number 2005-101303 in the Official Records of Lane County, State of Oregon that relates to ingress-egress rights and maintenance thereof as said easement and rights are herein modified and replace the aforesaid. The easement and maintenance rights in said document regarding private utilities are not affected by this document and remain in effect. Use of EASEMENT: The easement as described hereinabove may be used for vehicular, equipment and pedestrian ingress and egress purposes by the owners of the above tracts. No owner shall have the right to park, load or unload any vehicle in the driveway, such as to block the ingress-egress of the other owners other than in emergency conditions. Use of the Easement shall be on a regular. continuous, nonexclusive, non.priority basis, benefiting the owners, their successors, assigns, lessees. mortgagees, inYitees. guests, customers, agents and employees. However, none of the owners' rights hereunder shall lapse in the event of that 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 propeny, including the areas described as the easements, for . any pwlx>se as long as the owners or occupiers do not interfere with the use of the easements as granted by this instrument. Maintenance and Repairs: The driveway established within the easement shall 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 repairs to the driveway within the easement 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 perfonn such repairs as are required under this agreement. b. In all other events, the cost of repairs and maintenance for the driveways shall be shared by the owners of the above tracts. The owner ofthe lands that are described in the Statutory Wanranty Deed Ihat was recorded June 30, 2006 at Recorder's Number 2006- 046082 in the Official Records of Lane County, State of Oregon shall be responsible for ten percent (10%) of the total costs of repairs and maintenanCe. The remaining owners shall be responsible for the remaining ninety percent (90%) of the total costs of repairs and maintenance based on a proportionate amount of said costs [being 90% of the total costs] that is equal to the ratio of the area of the land held by that owner relative to (otal land area of said remaining owners that are benefiled herem. . c In the event that an owner fails to perfonn any such necessary maintenance and r~pairs as required,' the other owners. upon 15 da~ prio.r writte~ notice to the nonperfonning owner, may cause such work to be done With a .nght of reimbursement ~or all sums necessarily and properly expended to remedy such failure. If the nonperformmg owner fails to pay such reimbursement on demand, the owner(s) causmg such work to t:e done shall have the immediate right to record a hen against the ~onperfonmng owner s TO erty benefited by this agreement. The owners agree that such lien shall be.tr~ated as a ~o:'truction lien pursuant to ORS Chapter 87, subject to foreclosure and pnonty as set forth in the construction lien statutes. '.. Insurance: Each owner shall maintain public liability insurance at all limes relatmg to all activities conditions, operations and usages on or about the Easement ~nd. ~nve~y. Each o~er shall indemnity and hold harmless the other owners from any hablhty ansmg out of the usage of said Easement and driveway by said owner, their tenants, agents, employees guests and invitees. . . Appurtena~ce: The Easements set forth herein are not personal or 10 gross but are appurtenant to each and every portion of the lands benefited herem, as more partIcularly described and set forth heremabove. . . . Successors and Assigns: The Easement declared herem shall run WIth the lands herem described and shall be binding on and shan inure to the benefit of the partIes hereto, their heirs successors and assigns. . . Bre~h and Remedies: In addition to the remedies set forth above, a ~~lIure by an~ o~er, their heirs, successors and assigns, to perfonn any of the condItIOns or obhgatlOns .. DDl:.SIIBMITIAl REC'O DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMEN'tI-A D MAINTENANCE AGREEMENT JUL 1 0 2009 Page 2 of7 5. 6. 7. 8. 9. . . specified herein, shall constitute a breach of this agreement. In the event of a breach, the non-breaching owne"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 relief, it being acknowledged that there may not exist an adequate remedy at law. 10. Waiver: All rights hereunder are cumulative, and no waiver of any breach of this agreement shall affect 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 remainder afany such partially exercl~d remedy at a tater time, or of the same remedy at a later time. 11. Effect of Agreement: l[any part of this contract is adjudged invalid, the remainder of this contract shall not thereby be invalidated. 12. Litigation Expenses: In the event this declaration is placed in the hands of an attorney for enforcement of the provisions contained herein, the prevaijing 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, any appeal therefrom and costs of execution of any judgment, including reasonable attorney's fees incurred bY said prevailing party as a result of the breach. USE IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT ACCESS 2. '-\ -rh EASEMENT . day of AND MAINTENANCE AGREEMENT -:Tv. l '1 ' 2006 on this AMlGOS HI, LLC, a. Oregon Limited Liability Company ~b J~/b:d v Rona d E. Thienes, Member LffiERTY BANK, an Oregon Stock Bank Sign~~ 0'--'L Print Name: 73r, ~~. C'\'"lL-, "" Print Title: ~: r-c PRE-SUBMITTAL REC'D DECLARA nON OF PRlV A TE JOINT USE ACCESS EASEMENTJ.~ItD 1 0 2009 MAINTENANCE AGREEMENT Page 3 of7 . . STATE OF OREGON ) )ss Counly of Lane ) On this!!::.1.- day of ~u \ I" , 2006, personally appeared the ahove named Ronald E. Thienes, who being duly sworn said that he is a member of Amigos Ill, LLC, and that the ahove instrument was signed on behalf of said limited liability company and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL SEAL ., GAlLA WAISANEN . : NOTARY PUBLIC. OREGON \, i COMMISSION NO. 370001 . .' MY COMMISSION EXPIRES JULY28, Z001 .1i~ Q, uL---- Notary Public for Oregon STATE OF OREGON ) )ss County of Lane ) On this%-'"' day of 1-'\~ . 2006, personally appeared the above named ~^ C \lr\,~ . who is the (l;.t> of Liberty Bank and who is known to me to be the identical individual who executed the forgoing instrument and who does hereby acknowledge said instrument to be hisiher voluntary act and deed and that said instrument was signed on hehalf of said bank. _OFFICIAL SEAL KRISTINA A RICHARDSON , NOTARY PUBLIC - OREGON -' COMMISSION NO. 3747ffl MYCO\lI.IISSIOHEXPIffSNOVBlIlEAI7,ml / LJir-a A rhwJr/\ Notary Public forOregon DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMPREASYBMIITAl REC '0 MAINTENANCE AGREEMENT JUL r 0 2009 Page 4 of7 . . EASEMENT "A" PRIVATE INGRESS AND EGRESS EASEMENT SITUATED in Ihe City of Springfield in Ihe Soulheasl1/4 of Section 33 in Township 17 Soulh, Range 2 West and the Southwesl 1/4 of Section 34, Township 17 South, Range 2 Wesl of the Willamelte Meridian and described as follows: BEING a portion of (I) lands of AMIGOS In, LLC, an Oregon Limited Liability Company, as said lands are described (a) as "Tract I" in "Exhibit A" of thaI certain Property Line Adjustment Deed tha! was recorded December 21, 2005 at Recorder's Number 2005-101301 in Ihe Official Records of Lane County, State of Oregon; (b) as "Parcel I" in "Exhibil A" oflhal certain Statutory Warranty Deed that was recorded May 13, 2005 at Recorder's Number 2005- 034709 in the Official Records of Lane County, State of Oregon; (c) in "Exhibits C and D" of lhat certain Property Line Adjuslment Deed that was recorded March 20, 2006 at Recorder's Number 2006-018447 in Ihe Official Records of Lane County, State of Oregon; and (d) in "Exhibits C and D" of that certain Property Line Adjustment Deed that was recorded March 20, 2006 al Recorder's Number 2006-018448 in the Official Records of Lane County, Stale of Oregon; and (2) lands of UBERTY BANK, an Oregon Slock Bank, as said lands are described in Ihal certain Statulory Warranty Deed that was recorded June 30, 2006 at Recorder's Number 2006..()46082 in Ihe Official Records of Lane County, Slate of Oregon; said portion being more particularly described as follows: . BEGINNING atlhe most: soulheasterly comer of "Tracl 1" as described in "Exhibil A" of said Property Line Adjuslment Deed that was recorded at Recorder's Number 2005-\01301 in Ihe Official Records of Lane County, State of Oregon; which POINT OF BEGINNING lies on the north margin of the McKenzie Highway as established in Ihe conveyance 10 the State of Oregon that was recorded March 4, 1963 at Reception Number 1546 in Ihe Official Records of Lane County, State of Oregon; THENCE, leaving said POINT OF BEGINNING and along said north margin of the McKenzie Highway the following one numbered course: (1) NORTH 870 43' IS" WEST 50.00 FEET to the most southerly southwesl comer of said "TRACT \"; THENCE, along Ihe southem-mosl west line of said "TRACT \" the following one numbered course: (2) NORTH 86.12 FEET 10 a poinl of non-tangenl curvature to Ihe left; THENCE, crossing inlo said "TRACT I" and along Ihe following four numbered courses: (3) along said non-tangenl cwvature to tbe left having a'radius center that bears NORTH 050 44' 21" WEST 10.00 FEET, a central angle of 840 \5' 39" and a long chord of NORTH 420 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 feel westerly by perpendicular measurement from the north segment of the west line of the lands that are described in Ihe Statutory Warranty Deed thaI was recorded at Recorder's Number 2006..()46082 in the Official Records orLane County, State of Oregon; (4) along said langent/parallelline, NORTH 74.75 FEET 10 a point of tangenl curvature to the left; (5) along said tangent curvature to the left having a radius cenler that bears WEST 4.8\, a central angle of 900 00' 00" and a long chord of NORTH 450 00' 00" WEST 6.81, an arc distance of 7.56 FEET to a point of tangent line; and (6) along said tangent line, WEST 108.68 FEET to a point of tangent curvature to the left; THENCE, crossing into "Parcel I" as described in "Exhibil A" of said Stalutory Warranty Deed that was recorded at Recorder's Number 200S..()34709 in the Official Records of Lane County, Stale of Oregon; along the following one numbered course: (7) along said tangent curvature to the left having a radius center that bears SOUTH 4.81, a central angle of 900 00' 00" and a long chord of SOUTH 450 00' 00" WEST 6.81, an arc distance of 7.56 FEET to a point of tangent line that lies parallel with and westerly 0.79 feel more' or less by perpendicular measuremenl from the easl line of said "Parcell"; THENCE, along said tangent/parallel line along the following one numbered course: (8) SOUTH 44. I 5 FEET to a point on the north line of the lands that are described as "Parcels 1,2 and 3" in "Exhibit A" in the Statutory Warranty Deed Ihat was recorded at Recorder's Number 2006-008513 in the Official Records of Lane DECLARATfON OF PRIVATE JOINT USE ACCESS EASEM~R~~BMITTAL REC'D MAINTENANCE AGREEMENT JUL 1 0 2009 Page 5 of7 . . . -- --- ...........".. .,.... ,.....".~.,....... ,. > '~,. '...- >' .- "....,.,'~, "'-~', '".... County, Slate of Oregon; THENCE, along said north line the following one numbered course: (9) NORTIl89' 44' 31" WEST 30.00 FEET toa point on a line thaI lies parallel with and 30.00 feet westerly by perpendicular measurement from aforecalled course number (8); THENCE, crossing into the lands that are described in "Exhibit C" of the Property Line Adjostment Deed that was recorded al Recorder's Number 2006-018447 in the Official Records of Lane County, State of Oregon and in "Exhibit D" of the Property Line Adjustment Deed that was recorded at Recorder's Number 2006-018448 in the Official Records of Lane County, State of Oregon along the following four numbered courses: (10) NORTIlI44.I8 FEET to a point of tangent curvature to the left; (II) along said tangent curvature to the left having a radius center that bears WEST 15.00, a central angle of90' 00' 00" and a long chord of NORTIl 45' 00' 00" WEST 21.21, an arc distance of23.56 FEET to a point of tangent line; (12) along said tangent line, WEST 173.86 FEET to a point of tangent curvature to the left; and (13) along said tangent curvature to the left having a radius center that bears SOUTII 20.00, a central angle of 35' 26' 46" and a long chord of SOUTH 72' 16' 37" WEST 12.18, an arc distance of 12.37 FEET to a point of non tangent line lying on the east margin of 58th Street; THENCE, along said east margin of 58th Street the following one numbered course: (14) NORTIl33.23 FEET to a point of non-tangent curvature to the left; THENCE, leaving said margin and crossing into the lands that are described "Exhibit C" of the Property Line Adjustment Deed that was recorded at Recorder's Number 2006-018448 in the Official Records of Lane County, State of Oregon and in "Exhibit 0" of the Property Line Adjustment Deed that was recorded at Recorder's Number 2006-018447 in the Official Records of Lane County, State o(Oregon along the following four numbered cO!JISes:(151..along said non-tangent. curvature to the left having a.tiiaiiis d,ntedhat bears NORTH 43' 37' 22" EAST 20.00, a central angle of 43' 37' 22" and a long chord of SOUTH 680 II' 19" EAST 14.86, an arc distance of 15.23 FEET to a point of tangent line which line lies parallel with and 24.00 feet northerly by perpendicular measurement from aforecalled course number (12); (16) along said tangent/parallel line, EAST 174.66 FEET to a poim of tangent curvature to the left; (17) along said tangent curvature to the left having a radius center that hears NORTH 18.00, a central angle of 90' 00' 00" and a long chord of NORTIl 45' 00' 00" EAST 25.46, an arc distance of 28.27 FEET to a point of tangent line which line lies parallel with and 24.00 feet westerly by perpendicular measurement from the northerly extension of aforecalled course number (8); and (18) along said tangent/paiallel line NORTIl83.85 FEET to a point on the south margio ofthe future extension of North "A" Street; THENCE, along said margin and crossing into "Parcell" as described in "Exhibit A" of said Statutory Warranty Deed that was recorded at Recorder's Number 2005-034709 in ihe Official Records of Lane County, state of Oregon; along the following one numbered course: (19) SOUTIl89' 58' 14" EAST 24.00 FEET to a point on a line that lies on the northerly eXtension of aforecalled course number (S); THENCE along said line the following one numbered course: (20) SOUTH 177.39 FEET to a point of tangent curvature to the left; THENCE crossing into ''Tract I" as described in "Exhibit A" of said Property Line Adjustment Deed that was recorded at Recorder's Number 2005-101301 in the Official Records of Lane County, State of Oregon and along the following (six) numbered courses; (21) along said tangent curvature to the left having a radius center that hears EAST 4.81, a central angle of 900 00' 00" and a long chord of SOUTH 45' 00' 00" EAST 6.81, an arc distance of 7.56 FEET to a point of tangent line which line lies parallel with and 24.00 feet northerly by perpendicular measurement from aforecalled course number (6); (22) along said tangent/parallel line, EAST 108.68 FEET to a point of tangent curvature to the left; (23) along said tangent curvature to the left having a radius center that bears NORTIl4.8I, a central angle of 900 00' 00" and a long chord ofNOR11I45' 00' 00" EAST 6.S1, an arc distance of 7.56 FEET to a point of tangent line which line lies on the northerly extension of aforecalled course number (4); (24) along said line, NORTH 67.00 FEET to a point of tangent cUrvature to the right; (25) along said tangent curvature to the right having a radius center that bears EAST 48.00, a central angle of 450 02' 45" and a long chord of NORTIl 22' 31' 23" EAST 36.77, an arc distance of 37.74 FEET to a point of tangent line; and (26) along said tangent line, NORTIl450 02' 45" EAST 35.57 FEET to a point on the south margin of the future extension of North "A" Street; THENCE, along said margin the following two numbered course: (27) SOUTH 440 58' 14" EAST 10.76 FEET to a point of tangent curvature to the left and (28) along said tangent curvature to the left, having a radius center that bears NORTH 450 01' 46" EAST 223.18 FEET, a central angle of 030 24' 04" and a long chord ofSOUTIl46' 40' 16" EAST 13.25 FEET, an arc distance of 13.25 FEET to a point on a line that lies parallel with and 24.00 feet southeasterly by perpendicular measurement from aforecalled course number (26); THENCE, along said parallel line and a line that is DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMEN'IJ;~~DB~ A1TIAl REC'D MAINTENANCE AGREEMENT flU, VU II " JUL 1 0 2009 Page 6 of7 , ' " '. . . parallel with and 24.00 feet southeasterly and easterly by perpendicular measurement from aforecalled course numbers (25) and (24) the following three numbered courses: (29) sourn 45002' 45" WEST 35.97 FEET to a point of tangent curvature to the left; (30) along said tangent curvature to the left having a radius center that bears sourn 440 57' 15" EAST 24.00, a central angle of 45002' 45" and a long chord of SOUTH 220 31' 23' WEST 18.39, an arc distance of 18.87 FEET to a point of tangent line which tangent line also lies parallel with and 12.00 feet easterly of the north segment of tbe west line of the lands that are described in the Statutory Warranty Deed that was recorded at Recorder's Number 2006-046082 in the Official Records of Lane County, State of Oregon; and (31) along said tangent/paralielline, sourn 70.74 FEET to a point on the north line of last said lands; and THENCE, leaving said north line and crossing into last said lands along the following three numbered courses: (32) continuing along last said tangenVparallelline, SOUTH 100.81 FEET to a point that lies on a line that lies parallel with and 12.00 feet northeasterly by perpendicular measurement from the south segment of said west line of the lands that are described in the Statutory Warranty Deed that was recorded at Recorder's Number 2006-046082 in the Official Records of Lane County, State of Oregon; (33) along said paralielline, SOUTH 16007' 28" EAST 61.07 FEET to point on a line that bears North from the POINT OF BEGINNING; and (34) along last said line, SOUTH 43.21 FEET RETURNING to the POINT OF BEGINNiNG and containing 24,959 Square Feet more or less. ,,. CKp? /"z-!Jt 07 PRE-SUBMIlTAl REC'O /IlL 1 0 2009 DECLARA nON OFPRIV A TE JOINT USE ACCESS EASEMENT AIW MAINTENANCE AGREEMENT Page 70f7