HomeMy WebLinkAboutEasement APPLICANT 10/6/2010 (2)
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Division of Cnlef Depuly Clerk 2~01 ~5799~
Lane Counly Deeds and Reco~ds ~ ~
IllIml \ \ \ I \ \\\ \ 1\ 1\\\\ 1\\ \11\\ I \ \ \ \11\\ \ \11 I 1\\ $56 ,00
0021056820010057998006006909/05/2001 02:51 :12 P"
RPR-ES~T Cnl=2 Sln=6 CASHIER 05
$5.00 $30.00 $10.00 $11.00
TL 17-02-11-3200
Fi]e 75 Slides 1152 - 1155
Levi L~ding, 2nd Addition
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Declarant/Grantor: Thomas K. Dean, Trustee, James A. Paulson Trust
Grantee: Willamalane Park and Recreation District
After recording return to' Recording charges shal] be paid by
Willamalane Park & Recreation Dis!. Thomas K. Dean, Trustee
200 S. Mill Street James A. Paulson Trust
Springfield, OR 97477 2]21 Franklin B]vd., Suite 5
Eugene, OR 97403
JACOB LANE - RUFF PARK
PUBLIC PEDESTRIAN ACCESS EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
1. Declarant: This Pub]ic Pedestrian Access Easement is granted by Thomas Dean in his
capacity as Trustee of the James A. Paulson Trust ("Grantor"), to Willamalane Park and
Recreation District ("Grantee").
2. Subject Property: Grantor is owner of fee title to the real property described as LEVI
LANDING SECOND ADDITION ("Levi Landing Second Addition") as shown on
Exhibit "A," attached hereto and incorporated herein, which is a diagram entitled "Levi
Landing 2nd Add. Public Improvements Site Plan and Utility Plan."
3. Purpose: This instrument establishes a 22-foot-wide nonexclusive access easement for
pedestrian and nonmotorized vehicular ingress and egress to and from Ruff Park, owned
and operated by Grantee, from Jacob Lane across the open space and conservation area of
Levi Landing 2"d Addition, as shown on Exhibit" A."
4. Consideration: The consideration for this easement is other than monetary and includes
the parties' compliance with the terms and conditions of Levi Landing Second Addition
Amended Subdivision Decision and the Springfield Deve]opment Code.
WITNESSETH:
NOW, THEREFORE, in consideration of the foregoing recitals, which are expressly made a
part of this declaration, the undersigned hereby declares as follows:
GRANT AND DECLARATION OF EASEMENTS: There is hereby declared and conveyed
from Grantor to Grantee a nonexclusive public easement for pedestrian, nonmoto@.a$&tReeeived:
OCT - 6 2010
Page. 1 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
Original Submittal
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and maintenance and emergency vehicle access, ingress and egress from Jacob Lane to Ruff Park
as shown on Exhibit "A" and as more particularly described in "Exhibit B - Levi Landing 200
Addition, Pedestrian Access Easement," attached hereto and incorporated herein.
1.
The property crossed ("burdened") by said easement is the conservation and open space
area shown on Exhibit "A" and more particularly described on Exhibit "C," attached
hereto and incorporated herein.
2.
The property served ("benefited") by said easement is Ruff Park, owned and operated by
Grantee and more particularly described on Exhibit "D," attached hereto and incorporated
herein.
3.
Said easement is not personal or in gross, but is appurtenant to each and every portion of
the property benefited.
4.
Said easement is perpetual and shall run with the properties herein described and shill be
binding on and inure to the benefit of the parties hereto, their heirs, successors, or as,igns.
5.
Said easement is made for the purpose of complying with the Springfield Development
Code regarding the division or partition of land or any other development of land. As
such, the City of Springfield shall also have the right and standing to secure judicial
recognition and enforcement of the rights granted by this Declaration, and this easement
shall not be affected or negated by title or the merger of title of the dominant and servient
properties in a cornmon owner.
6.
Grantor shall at all times, and without restriction, have the right to use the easement for
purposes not inconsistent with this easement, the underlying land use permits, applicable
regulations, and applicable restrictions of record.
7.
Upon acceptance and recording hereof by the District, the Grantor shall construct an
accessway thereon in accordance with applicable city standards for such accessways and
in accordance with the City of Springfield Hearings Official's August 9, 2000 Amended
Decision ofTentative Subdivision Approval (Appeal # 1999-06-0144), hereinafter
"Tentative Plat Approval," and shall grade and seed landscaped portions upon
completion.
8.
The District shall provide liability insurance substantially equivalent to the insurance it
carries on Ruff Park.
9.
The District shall, at its own expense, diligently inspect, maintain and repair the easement
and accessway thereon as needed to remove debris or other flow barriers and to maintain
the path, signs, fencing, and vegetation within the easement, and may use motorized
equipment for such purposes.
10.
The easement created hereby shall be exercised in a manner consistent with ~p'li<:alie .
local, state, and federal regulations and permits and with all other condition~eIVed:
OCT - 6 2010
Page - 2 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
Original Submittal
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and restrictions of record, including but not limited to the conservation easement for the
Levi Landing 2nd Addition conservation and open space area and the supplemental
declaration of conditions, covenants, and restrictions for Levi Landing 2nd Addition, both
of which are recorded concurrently with this declaration.
II. This easement is for the benefit of and may be enforced only by the District, Levi Landing'
Homeowners Association, Declarant, or the City of Springfield. The parties agree that
disputes should be resolved by collaboration and mediation where reasonably possible but
that such efforts shall not be a precondition to judicial relief. In the event of litigation,
the prevailing party shall be entitled to its reasonable attorney fees on trial and appeal.
IN WITNESS WHEREOF, the undersigned being the Developer and Declarant herein, has
ex( Z:'Si trum.~entthis )."1 dayof 8~ ,2001.
~@"SS _
, . OFFICIAL SEAL
. u,/ U~ DEN(~IS WARTENBEE
Thomas K. Dean, in his capacity as trustee , } NOTARY PUBLIC _ OREGON
Ofth J A P I T \. ".' COMMISSION NO. 321949
e ames . au son rust MY COMMISSION EXPIRES APR 16. 201ll
8(;'"
ACCEPTANCE: The conveyance set forth in this instrument conveying title or interest to
WiIlamalane Park and Recreation District is hereby approved and the title of interest conveyed
herein is hereby accepted, including maintenance and repair responsibilities as set forth therein.
Willamalane Park and Recreation District
'--L~~) ~\ ~
Blake Hastings, President
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Robert W. Keefer, Sec
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. OFFICIAL SEAL
. DENNIS WARTENBEE
'. / NOTARY PUBLIC. OREGON
...- COMMISSION NO. 321949
MY COMMISSION EXPIRES APR. 16. 2003
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On " (z I f D (_, personally appeared the above- amed Thomas K. Dean in his capacity as
Trustee for the James A. Paulson Trust and acknowl gel the foreg i, to b his oluntary act
,
ACKNOWLEDGMENTS
STATE OF OREGON
County of Lane
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.':~:'.i.;:":'~.;~ >.:~:~~~~~"<~~
OFFICIAL SEAL
DENNIS WARTENBEE
NOTARY PUBLIC - OREGON
COMMISSION NO. 321949
STATE OF 0 MYC MISS'ON-Il'SJRESAPR 16,2003
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County of Lane )
On' I. /J71o I , personally appeared the above-named Blake Hastings and Robert W.
Keef:-1n-th~ir capacities as President and Secretary Willamalane Park and Recreation
District ~~ _aCknOWI:dge:~:~:e::i.:g .:cceptan~ B their ~Ol n, 6 and d.eed.
;, - .' : . . . OFFICI.-\LSEAL ~ otary pu?h~ for Or~gon . Date Recei ed'
~.. DENNIS WARTENBEE My COIllIl11SSlOn expires: i 1} ilo {,di"3 - V.
I, J c~~~~~~I'gl~I~o~Ri~1~~9 1. J OCT 6
r. . MY COMMISSIO. EXPIRES APR.16. 2003 - 2010
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Page - 3 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
ntary public for Oregon '
y commission expires: fI; j /D J
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and deed.
Original Submittal
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EXHIBIT A
PEDESTRIAN
ACCESS EASEMENT
L.-
Col. .......
LEVI LANDING 2ND. ADD.
PUBLIC IMPROVEMENTS
~Tl!: PLAN AND lITILITY PLAN
&PRINliJ'IEl..D. OREGON
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EXHmlT B
PEDESTRIAN
ACCESS EASEMENT
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, Tl7S, R1W, WM, from which the NW comer of said Donation Land Claim No. 4&
bears N88019'05"W 935.85 feet, thence leaving said north line S 1 o06'59"W 197.51 feet
to a point; thence S24"30'57''W 228.79 feet to a point; thence along the arc ofa 120.00
foot radius curve to the right (the chord of which bears S69"26'00"E 16.54 feet) 16.55
feet to a point; thence N24030'57"E 232.21 feet to a point; thence Nl o06'59"E 201.85
feet to a point on the north line of said Donation Land Claim No. 48; thence along said
north line N880I9'05"W 22.00 feet to the point of beginning, in Lane County, Oregon
Date Received:
OCT - 6 2010
Original Submittal
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EXHIBIT C
TO PEDESTRIAN ACCESS EASEMENT:
LEVI LANDING
CONSERV A nON EASEMENT AREA
Beginning at a point from which the NW comer of the William Y. Miller Donation Land
ClairnNo. 48, Tl7S, R2W, WM, bean; Nlo45'50"E 424.43 feet and N88019'05''W
349.80 feet, thence S88053'OI"E 105.00 feet to a point; thence along the arc of a 77.00
foot radius curve to the right 60.48 feet (the chord of which bean; N68040'26"E 58.94
feet) to a point; thence NI045'50''E 53.00 feet to a point; thence S88053'OI"E 300.00 feet
to a point; thence Slo45'50"E 53.00 feet to a point; thence S88053'DI"E 8.42 feet to a
point; thence along the arc of a 127.00 foot radius curve to the right 51.87 feet (the chord
of which bean; S77011'OZ"E 51.51 feet) to a point; thence S65OZ9'02"E 48.00 feet to a
point; thence NZ4"30'58"E 53.00 feet to a point; thence S65OZ9'02"E 455.48 feet to a
point; thence N33018'2TW 675.97 feet to a point on the north line of said D.L.e. No. 48;
thence along said north line N88019'05''W 614.55 feet to a point; thence Slo45'50''W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal