HomeMy WebLinkAboutEasement APPLICANT 1/5/2009 (4)
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Recorded atlhe request of and
after recording return to:
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Division of Chief Deputy Clerk 200e~"ln
Lane County Deeds and Records g-W~~ ~
1111111111111111111111111111111111111111111111111 $61.00
00828402200600533190070073 07/26/2006 10:13:22 All
RPR-ES"T Cnt=2 Stn=15 CASHIER 02
$5.00 $35.00 $10.00 $11.00
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 (1) AMIGOS m, LLC, an
Oregon Limited Liability Company, aDd 2) LIBERTY BANK, an Oregon Stock Bank,
hereinafter "DECLARANTS" hereby declare the following:
RECITALS:
1. WHEREAS AMIGOS 01, LLC, an Oregon Limited Liability Company, beiog 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 of Lane
County, State of Oregon (d) the lands that are described as "Parcell" in "Exhibit A" in
the 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, (e) the lands that
are described in "Exhibit A" in the Statutory Warranty Deed that was recorded April ],
2004 at Recorder's Number 2004-023227 in the Official Records of Lane County, State
of Oregon and (f) 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 Baok, also being a
Grantor/Grantee 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 Ill, LLC is requesting Final Site Plan approval from the City of
Springfield;
4. WHEREAS AMIGOS rn, 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 LmERTY 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 said document.
WITNESSETH:
NOW THEREFOR, the above Declarants hereby declare 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: DECLARANTS hereby create a variable width perpetual
easement for private ingress-egress over that certain area that is described in "EXHIBIT
A" attached hereto 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 ~nstructed location shall
supercede the location as called in this instrument.
DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENT AND ITIAl REC'O
MAINTENANCE AGREEMENT. PRE-SUBM
JAN 0 5 2009
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Nullification of a portion of previous easement: Arnigos III, LLC and Liberty Bank
hereby nullify and void that 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, 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 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 perform 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 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 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 hel~ by that owner relative to total
land area of said remaining owners that are benefited herem. .
c In the event that an owner fails to perform any such necessary mamtenance and
~pairs as required,. the other owners, upon 15 days prior writ1e~ notice to the
nonperforming 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 nonperforrmng
owner fails to pay such reimbursement on demand, the o~er(s) causmg such. work to t;e
done shall have the immediate right to record a hen agamst the nonperformmg owner s
property benefited by this agreement. The owners agree that such hen shall be.tr~ated as a
construction 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 times relatmg to all
activities, conditions, operations and usages on or about the Easement ~nd dnve~ay.
Each owner shall indemnify and hold harmless the other ~wners from any hablllty ansmg
out of the usage of said Easement and dnveway by said owner, theIr tenants, agents,
employees, guests and invitees. . .
Appurtenance: The Easements set forth herein are not personal or m gross ~ut are
appurtenant to each and every portion of the lands benefited herem, as more particularly
described and set forth hereinabove. .
Successors and Assigns: The Easement declared herein shall run with the lands here~n
described and shall be binding on and shall inure to the benefit of the partIes hereto, their
heirs successors and assigns. .
B~h and Remedies:. In addition to the remedies set forth above, a failure by any o":"er,
their heirs, successors and assigns, to perform any of the condItions or obhgatlons
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DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT AND ,
MAINTENANCE AGREEMENT PRE-SUBMITTAL REC D
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specified herein, shall constitute a breach of this agreement. In the event of a breach, the
non-breaching 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.
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 of any such partially exercised remedy at a later time, or of the same remedy at
a later time.
11. Effect of Agreement: If 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 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, 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.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT
USE ACCESS EASEMENT AND MAINTENANCE AGREEMENT on this
~ " --\'h day of -:::Jv. l'1 . 2006
AMIGOS III, LLC, aD Oregon Limited Liability Company
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~b&~
Rona d E. Thienes, Member
LmERTY BANK, an Oregon Stock Bank
Sign~~ 0~
Print Name: lSr.:'_ C.........,.
Print Title: C': rC
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT MP.SUBMITI'Al REC'O
MAINTENANCE AGREEMENT I"l<t-:
JAN 0 5 2009
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STATE OF OREGON )
)ss
County of Lane )
On this ~ day of ...\ u \ lA , 2006, personally appeared the above
named Ronald E. Thienes, who being duly sworn said that he is a member of Amigos III, LLC,
and that the above instrwnent 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
\ / COMMISSION NO. 370001
. MY COMMISSION EXPIRES JULY 28. 2007
A.:-! Q, LL~
Notary Public for Oregon
STATE OF OREGON )
)SS
County of Lane )
On this ~~ day of 1 ~\ \J , 2006, personally appeared the above
named Q,.:G^ C <ir\.r-. -, , who is the ( ~~ 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 hislher voluntary act and
deed and that said instrument was signed on behalf of said bank.
OFFICIAL SEAL
KRISTINA A RICHARDSON
NOTARY PUBLIC - OREGON
COMMISSION NO. 3747fJl
MY COIIIIISSK)N EXPIIIfS NOYalBffi 17, 2007
J LJir\G ~ir^
Notary Public for Oregon
"
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT AND PRE SUBMITTAL REe'
MAINTENANCE AGREEMENT . III
JAN 0 5 2009
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EASEMENT "A"
PRW A TE INGRESS AND EGRESS EASEMENT
SITUATED in the City of Springfield in the Southeast 1/4 of Section 33 in Township 17 South,
Range 2 West and 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 (1) lands of AMIGOS m, LLC, an Oregon Limited Liability Company,
as said lands are described (a) as "Tract I" in "Exhibit A" of that certain Property Line
Adjustment Deed that was recorded December 21,2005 at Recorder's Number 2005-101301 in
the Official Records of Lane County, State of Oregon; (b) as "Parcell" in "Exhibit A" of that
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
that certain Property Line Adjustment Deed that was recorded March 20, 2006 at Recorder's
Number 2006-018447 in the Official Records of Lane County, Stale of Oregon; and (d) in
"Exhibits C and D" of that certain 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; and (2) lands of LIBERTY BANK, an Oregon Stock Bank, as said lands are
described in that certain 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; said portion
being more particularly described as follows: .
BEGINNING at the most southeasterly comer of "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; 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 following one numbered course: (1) NORTH 870 43' 15" WEST 50.00
FEET to the most southerly southwest comer of said "TRACT I"; THENCE, along the
southern-most west line of said ''TRACT 1" the following one numbered course: (2) NORTH
86.12 FEET to a point of non-tangent curvature to the left; THENCE, crossing into said
"TRACT I" and along the following four numbered courses: (3) along said non-tangent
curvature to the left having a radius center that bears NORTH 050 44' 21" WEST 10.00 FEET, a
central angle of 840 15' 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 feet westerly
by perpendicular measurement from the north segment of the 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; (4) along said tangent/parallel line,
NORTH 74.75 FEET to a point of tangent curvature to the left; (5) along said tangent curvature
to the left having a radius center that bears WEST 4.81, 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 "Parcell" as described in "Exhibit A" of said Statutory Warranty
Deed that was recorded at Recorder's Number 2005-034709 in the Official Records of Lane
County, State 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 of7.56 FEET to a point of
tangent line that lies parallel with and westerly 0.79 feet more or less by perpendicular
measurement from the east line of said "Parcel I"; THENCE, along said tangent/parallel line
along the following one numbered course: (8) SOUTH 44.15 FEET to a point on the north line of
the lands that are described as "Parcels I, 2 and 3" in "Exhibit A" in the Statutory Warranty
Deed that was recorded at Recorder's Number 2006-008513 in the Official Records of Lane
DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENT ANDRE SUBMITI'^L REC'O
MAINTENANCE AGREEMENT . P - 1'\
JAN 0 Ii 2009
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COWlty, State of Oregon; THENCE, along said north line the following one numbered course:
(9) NORTH 890 44' 31" WEST 30.00 FEET to a point on a line that 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 Adjustment Deed
that was recorded at RecOrder's Number 2006-018447 in the Official Records of Lane COWlty,
State of Oregon and in "Exhibit Dn of the Property Line Adjustment Deed that was recorded at
Recorder's Number 2006-018448 in the Official Records of Lane COWlty, State of Oregon along
the following four numbered courses: (10) NORTH 144.18 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 of 900 00' 00" and a long chord of NORTH 450 00' 00" WEST 21.2], an
arc distance of23.56 FEET to a point of tangent line; (\2) 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 SOUTH 20.00, a central angle of 350 26' 46" and a long chord
of SOUTH 720 16' 37" WEST 12.18, an arc distance of ]2.37 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) NORTH 33.23 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 COWlty, State of Oregon along the following four numbered courses: (15) along said
non-tangent curvature to the left having a radius center that bears NORTH 430 37' 22" EAST
20.00, a central angle of 43037' 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 point of tangent curvature to the left; (17) along
said tangent curvature to the left having a radius center that bears NORTH 18.00, a central angle
of 900 00' 00" and a long chord of NORTH 450 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/parallel line NORTH 83.85 FEET to a point on the south margin of the
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 the Official Records of Lane County, State of Oregon; along the
following one numbered course: (19) SOUTH 890 58' 14" EAST 24.00 FEET to a point on a line
that lies on the northerly extension of aforecalled course number (8); 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; (2]) along said
fangent curvature to the left having a radius center that bears EAST 4.81, a central angle of 900
00' 00" and a long chord of SOUTH 450 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 NORTH 4.81, a central angle of 900 00' 00" and a long
chord of NORTH 450 00' 00" EAST 6.81, an arc distance of 7.56 FEET to a point of tangent line
which line lies on the northerly extension of afore called 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 NORTH 220 31' 23" EAST 36.77, an arc distance of 37.74 FEET to a
point of tangent line; and (26) along said tangent line, NORTH 450 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 of SOUTH 46040' 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
DECLARATION OF PRIVATE JOINT USE ACCESS EASEMENlll{tN.DJBMIllAl REC'O
MAINTENANCE AGREEMENT I l. \J
-IAN 0 I) 2009
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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) SOUTH
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 SOUTH 440 57' 15" EAST 24.00, a central
angle of 450 02' 45" and a long chord of SOUTH 220 3]' 23" WEST 18.39, an arc distance of
] 8.87 FEET to a point of tangent line which tangent line also lies parallel with and 12.00 feet
easterly of the north segment of the 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/parallel line, SOUTH 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
tangent/parallel line, 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
parallel line, 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 43.2] FEET RETURNING to
the POINT OF BEGINNING and containing 24,959 Square Feet more or less.
TlA l .?:e '7CJ06
RE ,iSTEREO
PROFESSIONAL
Sl:A R
DECLARA nON OF PRIVATE JOINT USE ACCESS EASEMENT AND PRE.SUBMllTAL REC
MAINTENANCE AGREEMENT
JAN 0 I) 2009
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