HomeMy WebLinkAboutBuilding Miscellaneous 1974-4-1
.
.
"
.,.....
'-.,<.'
-
..
\
AGREEMENT
p-; >.,'.
THIS AGREEMENT. Made and entered into this fA;!- day
of ~f ' 1974, by and between JERREL N, DAVIS and MARJORIE I
, DAVIS, hl1sband and wife. hereinafter referred to for brevity,as "Davis".
and BRUCE L. BARNES. hereinafter referred to for brevity as "Barnes";
,
-WITNESSETH-
RECITALS:
.
1. Davis is the owner' of Lots 16. 17 and 18 of Rose Blossom
Addition and,there is now an existing public sewer along the East right-
~
.'i" i
of-way line of Rose Blossom Drive, and it is the intention of Davis in
the near future to make improvements on the said lots.
2. Barnes is the owner of some premises located at 2278
Debra Drive. Springfield. O,-egon. which ,adjoins the above mentioned
Lots 17 and 18. and is now having septic tank difficulties ;md it is necess;,,'y
for him to make a temporary connection to the public sewer on the East line
;\'.i
of Rose Blossom Drive, which necessitates the crossing of the property
.f " .~'
.
owned by Davis.
3,
The City of Springfield contemplates construction of, a
public sewer in the immediate future. but not later than November 1.
1974, so as to provide means for sewage for properties along Debra Dri ve.
': ;,"
"
~
.1
}!
'1
~
1
:1
'1
,
~
~
~
,
...
~
\1
j
"
I
'.
j
and the City of Springfield has consented to a temporary ccmnection by
Barnes with the existing sewer on Rose Blossom Drive until such time
as the ~ewer on Debra Drive is built and cons tructed.
NOW. THEREFORE. in consideration of the foregoing it is mutually
agreed as follows:
1. Davis agrees that Barnes may construct a sewer line from
his property to the public sewer on the East line of Rose Blossom Drive.
which line shall be constructed on the common boundary between Lots 17
and 18 of the Davis property, which license shall be on a tempurary basis
, ..
and shall continue until this agrcem~nt is d(;t(:nniIH~d.
. . , .,
2. It is agreed that the costs of 'the construction of the temporary
.I
sewer shall be solely at the cost of' Barnes and that he shall indemnify D<lvis
,
,
.
I
"
,',
,',
,
"
Page 1 - Agreemept
~ i
..'-"',",'..-'0'''....,..,-
,
.
.
~
."
,,...,
for any liability aI' costs on account thereof, and agrees that on the termination
of said permit and license to loeplace the premises in the same condition as
they now are at his sble cost and expense and to pay Davis any damage which
,
!
may result to his property by reason of the laying and taking up of the said,
sewer.
3, It is -agreed that this agreement shall te1'l1linate on or bcfol'e
November I, 1974, or an earlier date if the sewer on Debra Drive is constructed
and is available to Barnes,
4. It is acknowledged that the construction and enjoyment of
said sewer line under this agreement is a license and not otherwise and is
not and will not be construed as an easement of any kind, but only as a license
and permit determinable not late", than Novembe,' ], ]974.
L'\l WITNESS WHEREOF, the parties have executed this itgrecmcnt
on the day and yea" fi,-st hereinabove written,
<; DltM./ AI, fiJ~
\;;--'-el N .'Davis v
, n '
,f ;.. ~
Mal~avis
~ ;;/ f~-tL/-2
Bi;uce L, Barnes
.
0""......,. ') _ A CI'V'nnnl,:ont