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Home My WebLink AboutEasement APPLICANT 1/25/2010 . , . . . After recording return to: Roy Lundblad . 1444 Vera Drive Springfield, Oregon 97477 '!DIvision of Chief Deputy Clerk Lane County Deeds and Records " 2~~9-oD19~J 11111111111111111111 \ 1111111\ 111I11 1I111 I 1\ 1 1II1I $62 ,00 0111909620090067983004004112/10/2009 09:04:23 AM RPR-ES"T Cnt=2 Stne6 CASHIER 07 $5.00 $20.00 $10.00 $11.00 $16.00 __ Until a change is requested Mail all Tax Slatements: No Change PRIVATE ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT RECITALS: Roy W. Lundblad is the own'er of a certain tract of real property located in the Northeast one- quarter of Section 34 in Township 17 South, Range 2 West oftbe Willamette Meridian. The legal description of the re?l property is as follows: Beginning at the southeast comer of Bralyn Estates as platted and recorded in File 73, Slide 35 of tbe Lane County Oregon Plat Records thence along the east boundary of said Bralyn Estates North 00017'00" East 150.13 feet to the southwest comer of Lot 12 of the plat of Cogburn as platted and recorded in Book 66, Page 25 of the Lane County Oregon Plat Records; thence leaving said east boundary and running along the south boundary of Lot 12 of the said plat of Cogburn South 87030'00" East 150.02 feet to the southeast corner of said Lot 12, said point being on the westerly margin of the 66lh Street cul-de-sac as dedicated in the said plat of Cogburn; thence leaving said south boundary and running along the westerly margin of the 66'" Street cul-de-sac as dedicated by a street deed recorded April 17, 1974 Recep. No. 74-15430 of the Lane County Oregon Deed Records, along the arc of a 275.00 foot radius curv~ left (the chord of which bears South 53026'10" East 45.72 feet) a distance of 45.77 feet to the northwest COrner of Lot 13 of said plat of Cogburn; thence leaving said westerly margin and running along the west boundary of Lot 13 of said plat of Cog bum South 00017'00" West 124.51 feet' to the southwest corner of said Lot 13, said point being on the north boundary of the plat of the Second Addition to Seeger Estates as platted and recorded in Book 67, Page 7 of the Lane County Oregon Plat Records; thence leaving said west boundary and running along the north boundary of the said plat of the Second Addition to Seeger Estates North 87030'00" West 186.90 feet to the point of beginning, all in Lane Coooty Oregon ' ' . The owner is partitioning said real. property into 3 parcels as approved under City of Springfield Planning File No. SUB2008-00030. This easement is being created to provide ingress and egress across Parcell, Parcel 2 and Parcel 3 to serve Parcel I, Parcel 2 and Parcel 3 witb access to the public road and impacts Parcell, Parcel 2 and Parcel 3 of Land Partition Plat No. 2oo'?-P29'/O , recorded /0 .!?Ec. ,2009, lnst No. 2007'- b79f'? , Lane County Oregon Official Records.. .~- DECLARATION OF EASEMENT: I. Easement Created. Roy W. Lundblad does hereby create a perpetual easern~t as described in Exhibit "A", attached, for the mutual and exclusive use of Parcel I, Parcel 2 and Parcel 3 of the aforementioned partition plat, as recordt;d ~ th.... ' ed' Lane County Oregon Official Records. D.--..e ~ecelv , 1. :.:~ f~ ~alO Access E~ment and Maintenance ~oreement - Page I . ~ Suhmittal._ .',____ ~o-~';;;O::.!i....~~~o........,,,~~........~~~..~~...~L'.:r~~IOl.rlIJ:io.i>ol:.:o<W......~~,....'O":_,;.~..~ '. .'L.' .~~~.........I>'I .~ . , . . 2. Pumose. The easement is created to provide for ingress and egress and emergency vehicle access from Parcel I, Parcel 2 and parcel 3 of said Land Partition Plat to the public street That portion of the access easement not encumbered by an underlying public utility easement may also be used by the aforementio.ned Parcels for the installation of private utilities, including, but not limited to water service, electrical service. telecommunication services, storm water drainage and'sanitary sewer service lines as long as such use does not interfere with ingress/egress access provisions granted herein. No vehicle parking of any kind will be allowed within the easement area 3. Use of Burdened Prooertv. The owners or occupiers ofthe parcels affected by the easement shall have the right to use their property, including the area . described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. 4. Maintenance and Repairs. . The cost of any maintenance or repair of the area within the easement shall be shared by the owners of Parcel I, Parcel 2 and Parcel 3 of said Land Partition proportionate to their use as described in ORS 105.107 to 105.185, and as may be amended from time to time. However, any repairs necessitated by the negligence or the misuse of the easement area and rights granted herein by either Parcell, Parcel 2 or Parcel 3, their agents or invitees, shall be the sole responsibility of the negligent party. All work shall be performed by a licensed contractor and the repaired area returned to its former condition once the repair work has been completed. . 5. Prooertv Taxes. Each Parcel shall be responsible for the property taxes for that portion of their property within the easement area. . 6. Private Grant. The easement created by this instrument does not cOnstitute a dedication or grant for public use. 7. Successors in Interest. The provisions of this instrument touch and concem, . aild relate to the use ofPar~\,II, Parcel 2 and Parcel 3 of said Land Partition Plat:, and are intended to be covenants and restrictions running with the land. 8. Indemnitv. Users ofthe roadway for access or maintenance ("Users") shall ". assume all risks arising out ()ftheir use of the Easement. Specifically, but without limitation, Parcel Owners shall have no liability to Users or their agents and employees, or any independent contractor hired by Users solely based on their status as a Parcel Owner. Users agree to indemnify and hold harmless Parcel Owners from any claim, cost, damage or expense of any kind or nature arising out of or related to ahy negligent or wrongful act or omission of Users arising out of their use of the Easement. 9. Legal Proceedings. If any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover reasonable attorney's fees in such proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law. Date Received: Access E~sement and Maintenance Agreement - ~2ge 2 , JAN 2 5 2010 '1 1 L~~t,:,,-7t:.r:.:n'~::::J::.::r.;:=.r'::eJ-~,~~. - ~I ....~~\::.-~~..~,~..............SG::.:..!"'_'"n':'l'.;!\.-=on"..:.~:.r.,:o..::: Final Submittal . .;, . . 13. Arbitration. Any claim, controversy or dispute arising out of this Easement shallbe settled by arbitration in accOfdance with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Lane County, Oregon. All provisions of this instrument, including tbe benefits and burdens, are binding and enure to the beirs, successors, assigns, transferees, and personal representatives of all parties who own any of the aforementioned parcels. . tIlV(~ Dated thiS~ day of .Y~ ,2009. ~4~~ Roy W. Lun lad STATE OF OREGON ) ) ss County of Lane ) . jal-T\ II. On this . . day of ~ . 2009 there appeared before me, a Notary Public for tbe State of Oregon, County of Lane the hereon named Roy W. Lundblad, being known to me, or proved to me by a satisfactory. evidence, to be the same person who .executed the foregoing instrument and acknowledged the same to be his voluntary act and . deed. In .witness whereof, 1 bave hereunto set my hand and affixed my seal. ~~gAf'~ Notary Public for Oregon ( My commission expires: '1 ilfi z.o II OFFICiAL SEAL SUSAN G STOVAlL NOTARY PUBLIC- OREGON COMMiSSION NO. 4207311 MY CO!.MSSiON EXFiRES SEPT. lB. 2011 o Date Received: JAN 2'5 2010 Access: Easement and Maintenance Agreement - Page 3 Final Submittal E:.:oZ:'1..j:.\lo'~"""''''''~'''''~ . ""'--~.".""~~~~~~~J:!'~~~'XL':W' ~~~ .,.""""~"':'~- .."~~"""",,,,",-- 1 ,- . - "" . Exhibit "A" Easement Area " . Beginning at the southeast comer of Bralyn Estates as platted and recorded in File 73, Slide 35 of the Lane County Oregon Plat Records thence along the east boundary of said Bralyn Estates North 00017'00" East 150.13 feet to the southwest comer of Lot 12 of the plat of Cogburn as platted and recorded in Book 66, Piige 25 of the Lane County Oregon Plat Records; thence leaving said east boundary and running along the south boundary of Lot 12 of the said plat of Cogburn South 87030'00" East 139.90 feet to tbe True Point of Beginning; thence leaving said soutb boundary and runnmg South 2030'00" West 22.19 feet; thence South 53024'17" East - 26.89 feet; thence South 00017'00" West 52.88 feet; thence South 87030'00" East 26.17 feet to a point in the west boundary of Lot 13 of said plat of Cogburn; thence along the west boundarY of said Lot 13 North 00017'00" East 64.54 feet to the northwest comer of said Lot 13, said point being on the southwesterly margin of 66'h Street, 25.0 feet from, when measured at right angles to, the centerline of 66th Street; thence along the southwesterly margin of 66th Street, along the arc of a 275.00 foot radius curve right (the chord of which bears North 53026'10" West 45.72 feet) a distance of 45.77 feet to the southeast corner of Lot 13 of said plat of Cogburn; thence leaving said southwesterly margin and running along the south boundary of said Lot 12 North 87030'00" West 10.12 feet to the True Point of Beginning, all in Lane County Oregon. Date Received: JAN 2'5 2010 Access Easement and Maintenance Agreement - Page 4 Final Submittal ~..c:~."!l'tl._.--,<.,.'t;~,4;1~n..:;.I~~~ ..."~ ..~ .._,~_. ,,~ M~' "'-~"'""'"'~'~..J.-':"~.~