HomeMy WebLinkAboutEasement APPLICANT 1/5/2009 (3)
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Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
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/' Division of Chief Deput.y Clerk m-101~
Lene Count.y Deeds and Records
1111111111111111111111111111111111111111111111111 $51.00
00161125200501013020050054 12/21/2005 01 :20:53 PlI
RPR-ESKT Cnt.=2 St.n=l CASHIER 05
$5.00 $25.00 $10.00 S11.00
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 Amigns III, LLC, an Oregon
Limited Liability Company, hereafter ''DECLARANT' hereby declares the following:
RECITALS
WHEREAS, DECLARANT, is the owner of (a) the lands conveyed as "TRACT 1" and
"TRACT 2" in that. certain PrQPCrty Line Adjustment D~ that was recorded
Dece c..-.ber Z\ , 20 o '::as Recorder's Number 200S. 10130 L- in the
Official Records of Lane County, State of Oregon and (b) the lanas that were conveyed in the
Warranty Deed that was recorded April 1, 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 fot 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 THEREFOR, Owner declares the following:
1. Recitals: The recitals set forth hereinabove are made a part of this declaration as though
fully set forth herein. .
2. Declaration of EASEMENT "A": DECLARANT hereby creates a variable width perpetual
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.
3. Nullification of previous easement' DECLARANT hereby nullifies and voids in its entirety
that certain Declaration of Basement 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
Oregon. .
4. Declaration of EASEMENT "B": DECLARANT hereby creates a 10.00 foot wide perpetual
easement for private utility purposes over that certain area that is described in "EXHIBIT
B" attached hereto and made a part heteoffor the common benefit of the above three tracts
ofland
DECLARATION OF PRIVATE EASEMENTS
AND
MAlNTENANCEAGREEMENT
Page lof5
PRE-SUBMITTAL REC'O
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Extin~shment Clause: That portion of EASEMENT "B" as created herein that lies
northerly of the future margin of North A Street will extinguish in 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) conm:ctlon of private utility lines from
the south that lie in EASEMENT "B" to future public lines in said street, and (3)
abandonment of the private utility lines that lie in said EASEMENT "8" northerly of the
new connection points;
Exclusion ofPUEs: 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 as described 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,
such as to block the ingress-egress of the other owners other than in emergency conditious.
Use of the Easement shall 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 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 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.
Maintenance and R~ The driveway established within EASEMENT" N' 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 rep\Urs to the driveway within EASEMENT "A" 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 such 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 necessary due to the acts of
one of the owners, then that owner shall pay for and perform 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.
e. In the event that an owner fails to perform any such necessary maintenance and
repairs as required, the other owners, upon IS days prior written notice to the
nonperforriring owner, may cause such work to be done with a right of
reimbursement for all sums necessarily and properly expended to remedy such
failure. If the nonperforming owner fails to pay such reimbursement on demand, the
owner(s) causing such work to be done shall have the immediate right to record a
lien against the nonperforming owner's property benefitted by this 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 construction lien
statutes. .
Insurance: Each owner shall maintain public liability insurance at all times relating to all
activities, conditions, opemtions and usages on or about the Easements and driveway. Each
owner shall indemiWy and hold harmless the other owners from any liability arising out of
the usage of said Easements and driveway by said owner, their tenants, agents, employees,
guests and invitees.
Al1J)Urtenance' 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.
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
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PRE.SUBMllTAl REC'O
JAN 0 5 2009
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11. Successors and AssilplS: The Easements declared herein shall run 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, successors and assigns, to perform any of the conditions or obligations specified
herein, shall constitute a breach of this 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 relief, it being acknowledged that
there may not exist an adequate remedy at law.
13. Waiver: All rights hereunder are cumulative, and no waiver of any breach oftbis agreement
shall effect any subsequent breach. No exercise or partill1 exercise of any remedy shall be
construed to preclude the exercise of any other remedy or of the remainder ot any such
partially exercised remedy at a later time, or of the same remedy at a later time.
14. Effect of Agreement: Ifany part of this contract is adjudged invalid, the remainder of this
contract shall not thereby be invalidated.
15. Liti~tion Expenses: 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, anr 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.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE EASEMENTS
AND MAINTENANCE AGREEMENT on this q day of l)el' eN) 1.<0-1- , 20~.
Amigo! m, LLC a
Limited Liability Company
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STATE OF OREGON )
County of Lane )SS
On V~~~'nex' q -,2005 personallyappearedtheabovenamedRonaldE. Thienes,
who being duly sworn said that he is a member of Amigos ro, LLC, and that the above instrument
was signed on behalf of said limited liability company and acknowledged the foregoing instrument
to be his voluntary act and deed
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'~' COMMISS;ON NO. 370001
~ MY COI.IMISSION EXPiRES JULY 28. ,007
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DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 3 of5
PRE-SUBMllTAl REC'O
JAN 0 5 2009
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EXHIBIT A
EASEMENT "A"
PRIVATE INGRESS AND EGRESS AND PRIVATE 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 fol1ows:
BEING a portion of the lands that were conveyed as "TRACT 1" and "TRACT 2" in that certain
Property Line Adjustment Deed that was recorded De c e VY\ ~eY- Z \ , 200-;- as
Recorder's Number 20..Q!; I Dl '30\ in the Official Records of Lane County, State of
Oregon, said portion being more particularly described as follows:
BEGINNING at the most southeasterly corner of said "TRACT 1" which POINT OF
BEGINNING lies on the north margin of the McKenzie Highway as established in the conveyance
to the State of Oregon that was recorded March 4, 1963 at Reception Number 1546 in the Official
Records of Lane County, State of Oregon;
THENCE, leaving said POINT OF BEGINNING and along said north margin of the McKenzie
Highway the folIowing one numbered course: (1) NORm 87' 43' ] 5" WEST 50.00 FEET to the
most southerly southwest corner of said "TRACT 1";
THENCE, along the southerly west line of said ''TRACT I" the following one numbered course:
(2) NORm 86.12 FEET to a point of non-tangent curvature to the left;
THENCE, crossing into said ''TRACT 1" and along the following three numbered courses: (3)
along said non-tangent curvature to the left having a radius center that bears North 05' 44' 21 " West
10.00 FEET, a central angle of 84' 15' 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 ]2.00 feet
westerly by perpendicular measurement from the north segment of the west line of said ''TRACT
2"; (4) along said tangent/parallel line, NORm 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/paralIelline and along
said westerly extension EAST 12.00 FEET to the northwest corner of said ''TRACT 2"; and
THENCE, along said north line of''TRACT 2" the following one numbered course: (6) EAST ]2.00
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";
THENCE, 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
parallel 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, SOUTIl16' 07' 28" EAST 61.07
FEET to a point that lies on a line that bears North from the POINT OF BEGINNING; and (9) along
last said line, SOUTIl43.21 FEET RETURNING to the POINT OF BEGINNING and containing
6,859 Square Feet more or less.
1k.c. Y 200 c;.
REGISTERED
PROFESSIONAL
LAN SURVEYOR
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
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OREGON
JULY 20.1993
REXA. BETZ
Le- EI"f?- ('l--/3,f() S
PRE-SUBMITTAL REe'
JAN 0 I) 2009
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EXHIBIT B
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EASEMENT "B"
lO.oo.FOOT WIDE PRIVATE 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 1" in that certain Property Line
AdjustmentDeedthatwasrecorded 'Del'" e.M h.eV" t.1,200SasRecorder'sNumber
20 Os. \ (') J 30 \ . in the Official Records 01' Lane County, State of Oregon, said portion
being a strip ofIand of uniform 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", NORm 243.69
FEET more or less to a point on the north line of said "TRACT I" and the TERMINUS of the
described centerline.
The sidelines of said strip being lengthened or shortened so as to terminate (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 and the westerly extension thereof at the south end of said strip.
'De c. <;3 2ev
REGISTERED
PROFESSIONAL
LAN SURVEYOR
OREGO
JULY 20. 1993
REXA. BETZ
t c. e>c/ Il..f~( /0<=
DECLARATION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
Page 5 of5
PRE-SUBMITTAL REC'O
JAN 0 5 2009