HomeMy WebLinkAboutEasement APPLICANT 10/6/2010 (4)
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FILE 75, SLIDES 1152 - 1155
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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111111I11111111111111111I111111111111111111111111 $66.00
00210580200100580020090094 0 I 02 51 II
9/05/200 :: 12 Pn
RPR-ESMT Cnt:1 Sln:& CASHIER 05
$45.00 $10.00 $11.00
A portion ofTL 17-02-34-11-3200
Conservation Easement
Declarant: Thomas K. Dean, Trustee, James A. Paulson Trust
After recording return to
Thomas K. Dean, Trustee
2121 Franklin Blvd. Suite 5
Eugene, OR 97403
Recording charges shall be paid by
Thomas K.. Dean, Trustee
2121 Franklin Blvd., Suite 5
Eugene, OR 97403
DECLARATION OF CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT and restrictive covenant (hereinafter "easement") is
granted, made and declared made this _day of 2001 by Thomas K. Dean, Trustee, James A.
Paulson Trust ("Declarant"), for the benefit of the Levi Landing Homeowners Association,
owners of Levi Landing 2nd Addition lots (Lots 57-67), portions of which are within the Property
subject to this easement, Willamalane Park and Recreation District, the City of Springfield, and
Rural Thurston, Inc.
RECITALS:
A. Declarant is the sole owner in fee simple of certain real property in the City of Springfield,
Lane County, Oregon, more particularly described in Exhibit A attached hereto and incorporated
by this reference (the "Property");
B. The Property is part of Levi Landing, a residential subdivision under development by
Declarant. The third phase of the subdivision, Levi Landing Second Addition ("Levi 2nd,,) is
currently awaiting final subdivision plat approval. A copy of the proposed final plat is attached
hereto as Exhibit "B." The Property is thl; area within the plat which is north ofthe ""No-Fill
and No-Build Line" and within the Eugene-Springfield Metro Urban Growth Boundary as shown
on Exhibit B. Part of the Property is within the boundaries of the northern tier.of residential lots
in Levi 2nd, and part is in a separate nonresidential tract or tracts reserved for pedestrian park
access, flood passage, open space, passive recreation, and bioswales. Before or after final plat
approval, Declarant expects to convey all or part of the nonresidential tract(s) to Willamalane
Parks and Recreation District together with the two residential lots (Lots 62 and 63) on either
side of the pedestrian access leading from Jacobs Lane to Ruff Park, all as shown on Exhibit B,
subject to this easement and other requirements of the tentative plat approval.
Page - 1 Levi Landing Conservation Easement
Date Received:
ajdd62901
OCT - 6 2010
Original Submittal
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C. The consideration for this easement is other than money.
D. The purposes of this grant of easement are:
(1) To preserve and protect the conservation values of the Property in perpetuity.
(2) To assure that the Property remains unobstructed by structures so that flood
waters can move over it freely.
(3) To provide a transitional buffer between residential uses to the south and parle
uses to the north.
(4) To provide for bioswale treatment of stormwater runoff from the subdivisior:
before it reaches stream channels.
(5) To implement requirements of (a) the City of Springfield's August 9, 2000
Tentative Plat Approval (Springfield Planning Department Jo. No. 199-06-0144,
August 9, 2000, hereinafter "Tentative Plat Approval") which requires that the
area north of the No-Fill and No-Build line be made subject to a conservation
easement;
(6) To implement Paragraphs 3 and 8 of the April II, 2000 Mediation Settlement
Agreement, which provide as follows:
"3. Propertv North of the No Fill-No Build Line
"A. The [James A. Paulson] Trust shall restrict the lots in the portion of the
subdivision land north of the 'no fill-no build' line with a conservation easement
placing covenants on the property, which includes a specification that the area is
reserved for open space andlor public recreation, with the exception that the Trust
may use such land for stormwater treatment as described in Paragraph 5. The
Trust may sell portions of this land to Willamalane Park and Recreation District
or provide similar protection for its retention as open space. The easement shall
prohibit further fill, storage, and construction of any buildings or structures, with
the following exceptions:
"(i) An at-grade pedestrian public access to Ruff Park as described in
Paragraph 8 below.
"(ii) Fencing, which may electrified, but shall consist of no more than 2 strands
of smooth wire no larger than 12 gauge on posts no closer than 30 feet.
Play structures not permanently anchored.
Picnic tables, picnic furniture, and other picnic accessories not
permanently anchored."
"B. The covenants of the easement shall specifically prohibit all other fencing
north of the No Fill-No Build Line. They shall also prohibit livestock. The
covenants of the easement shall benefit each lot owner in the Levi Landing
Subdivision First Addition, the Levi Landing First Addition Homeowner's
Association, Rural Thurston, Inc., the City of Springfield, and Willamalane Park
and Recreation District. The easement shall provide that each of these parties
may seek enforcement of the provisions of the easement including but not limited
"(iii)
"(iv)
Page - 2 Levi Landing Conservation Easement
ajdd6290J
Date Received:
OCT - 6 2010
Original Submittal
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to specific enforcement through injunctive relief and also provide for the award of
attorney fees in the event that enforcement is necessary. The Trust shall comult
with Rural. Thurston, Inc. and City in the drafting of the easement."
Paragraph 8 provides as follows:
"8. WiIlamalane Access Issues.
"A. Maintenance and emergency. The Trust shall provide suitable non-public
vehicular access to Ruff Park, including access for maintenance and emergency
vehicles to meet the needs ofWillamalane. Such access shall be designed to be
shared with the GossIers (dba Cold Spring Property lLC).
"B. Pedestrian Access. The Trust shall also dedicate a 20-foot wide public
pedestrian access to Willamalane, and shall post no trespassing signs along the
boundary of the private property surrounding it. The Trust shall negotiate with
Willamalane Park and Recreation District as to the responsibility for and the type
of surface required on the pedestrian access. The Trust may include in its
subdivision process a request for a variance to allow a non-paved surface. The
neighbors shall support such a request."
E. There is one Levi Landing Homeowners Association for all phases of Levi Landing.
NOW, THEREFORE, in consideration of the above and the covenants, terms, conditions, and
restrictions contained herein, and pursuant to the laws of Oregon and in particular Oregon
Revised Statutes Chapter 271, Declarant hereby voluntarily grants, makes and declares a
conservation easement and restrictive covenant in perpetuity over the Property for the benefit of
the Levi Landing Homeowners Association, owners of Levi Landing 2nd Addition Lots 57 -67,
Willamalane Park and Recreation District, the City of Springfield, and Rural Thurston, Inc., of
the nature and character and to the extent hereinafter set forth.
1. Nature and Purpose. It is the purpose of this easement to assure that the Property will be
retained in its open space condition and to prevent any use of the Property that will significantly
impair or interfere with the conservation values of the Property. Declarant intends that this
easement will confine the use of the Property to such activities, consistent with the Tentative Plat
Approval 'and Mediation Agreement referenced above, Nothing contained herein shall be deemed
to be a gift or dedication of any part of the Property to the general public or for the general public
or for any public purpose whatsoever. The easement granted herein is appurtenant and not in
gross.
2. Rights of Beneficiaries. To accomplish the purpose of this easement the following rights are
granted to Beneficiaries by this Easement:
(1) To preserve and protect the conservation values of the Property;
(2) To enter upon the nonresidential tract portion of the Property at reasonable times
in order to monitor compliance with and otherwise enforce the terms of this
Page - 3 Levi Landing Conservation Easement
Date Received:
ajdd62901
OCT - 6 2010
Original Submittal
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Easement; provided that such entry shall be upon prior reasonable notice to
Declarant or its successor, and Beneficiaries shall not unreasonably interfere with
Declarant's use and quiet enjoyment of the Property; and
(3) To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this
Easement is prohibited, Without lirniting the generality of the foregoing, the following acthities
and uses are expressly prohibited, except insofar as specifically authorized herein:
(4) Further fill, other than that which is necessary to meet berm andbioswale
requirements of the tentative and final plat approvals.
(5) Storage, including storage sheds, barrels, garden sheds and the parking of motor
homes, trailers, and recreational vehicles.
(6) Placement, replacement, or construction of buildings and structures, except as
specifically provided herein.
(7) Campgrounds.
(8) Permanently-anchored play structures.
(9) Fencing, except as expressly permitted herein.
(10) Raising or pasturing livestock.
(1 I) Uses and activities prohibited by or inconsistent with the Declaration of
Covenants, Conditions and Restrictions and provisions for Storm Water in
Common Area for Levi Landing (Original Declaration) recorded October 29.
1997, as Document No. 97737 16, Lane County Department of Deeds and
Records, and all supplemental declarations thereto.
4. Permitted Uses. The following activities and uses are permitted on the subject property:
(12) Open space, recreation, and park uses not involving permanent or attached
structures.
(13) Unpaved trails and pathways. An at-grade pedestrian and emergency vehicle
public access to Ruff park may be paved if required to meet city standards.
(14) Lawns, gardens, and landscaping not involving above-ground structures or fIow-
impeding vegetation.
(15) Pastures, orchards, row crops, and other nonstructural farm uses.
(16) Light fencing, which may electrified, but shall consist of no more than 2 strands of
smooth wire no larger than 12 gauge on posts no closer than 30 feet.
(17) Play structures picnic tables, picnic furniture, and other picnic accessories not
permanently anchored.
(18) Stormwater treatment in accordance with the August 11, 2000 tentative
subdivision approval and the final plat to be recorded pursuant thereto.
5. Reserved Rights. Except as otherwise provided herein, Declarant reserves to itself and to its
successors and assigns all rights accruing from ownership of the Property, including but not
Date Received:
Page - 4 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original submittal
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limited to the following:
l. Declarant and successor owners of residential lots shall retain the right to the'
exclusive use of and access to and across their lots, subject only to applicable
utility, drainage, slope, or maintenance easements, and may post and fence their
lots with the light fencing permitted herein.
2. Declarant and successor owners of the open space tract shall retain the right to the
exclusive use of and access to and across that tract, subject only to other
applicable access, utility, drainage, slope, or maintenance easements, and may
post and fence the tract with the light fencing permitted herein.
6. Notice of Intention to Undertake Certain Permitted Actions. Whenever notice to
beneficiaries is required hereunder or under other covenants or permits referenced herein,
Declarant or its successor shall notify beneficiaries hereof in writing not less than 20 days prior
to the date Declarant or its successor(s) intend to undertake the activity in question. The notice
shall describe the nature, scope, design, location, timetable, and any other material aspect of the
proposed activity in sufficient detail to permit said beneficiaries to make an informed judgment
as to its consistency with the purpose of this Easement.
7. Approval. Where approval is required under Paragraph 6 hereof, beneficiaries entitled to
notice under said Paragraph 6 hereof shall grant or withhold approval in writing within l5 days
of receipt of written request therefor. Approval may be withheld only upon a reasonable
determination that the action as proposed would be inconsistent with the purpose of this
Easement.
8. Remedies. If a beneficiary determines that Declarant or its successor is in violation of the
terms of this Easement or that a violation is threatened, said beneficiary may gjve written notice
to Declarant or its successor of such violation and demand corrective action sufficient to cn:-e the
violation and, where the violation involves injury to the Property resulting from any use or
activity inconsistent with the purpose of this Easement, to restore the portion of the Property so
injured. If Declarant or its successor fails to cure the violation within thirty (30) days after
receipt of notice thereof, or under circumstances where the violation cannot reasonably be cured
within a thirty (30) day period, fail to begin curing such violation within the thirty (30) day
period, or fail to continue diligently to cure such violation until finally cured, said beneficiary
may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms
of this Easement, to enjoin the violation, to recover damages, to require restoration or mitigation.
A beneficiary's remedies described in this paragraph shall be cumulative and shall be in addition
to all remedies now or hereafter existing at law or in equity. If any legal proceeding is
commenced for the purpose of interpreting or enforcing any provision of this Agreement, tbe
prevailing party in such proceeding shall be entitled to recover a reasonable attorney's fee in such
proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law.
Prior to pursuing a legal proceeding to enforce or interpret this Agreement, the parties shall first
attempt to mediate their differences, provided, however, this shall not prevent a party from
seeking a stay or other injunction relief, or from filing or perfecting an appeal, pending such
Page - 5 Levi Landing Conservation Easement
Date Received:
ajdd62901
OCT - 6 2010
Original Submittal
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mediation.
9. Third-party enforcement rights. This easement, including the remedies provided in
Paragraph 8, benefit only the specified beneficiaries hereof, which are: Levi Landing
Homeowners' Association, a non-profit corporation; owners of Levi Landing 2nd Addition lDts
(Lots 57-67), portions of which are within the Property subject to this easement; the City of
Springfield; Willamalane Park and Recreation District; and Rural Thurston, Inc.
10. Acts Beyond Declarant's Control. Nothing contained in this Easement shall be construed
to entitle a beneficiary hereof to bring any suit or action against Declarant for any injury to or
change in the Property resulting from causes beyond Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Declarant
under emergency conditions to prevent, abate, or mitigate significant injury to the Property
resulting from such causes.
11. Maintenance. The owner of fee title to the Property is responsible upkeep and maintenance
of the underlying property.
12. Recording. Declarant shall record this instrument in timely fashion in the official records of
Lane County, Oregon.
13. Construction and Severability. If any provision of this easement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the provisions of thi~
easement, or the application of such provision to persons or circumstances other than those as to
which it is found to be invalid, as the case may be, shall not be affected thereby. If any provision
in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this
easement that would render the provision valid shall be favored over any interpretation that
would render it invalid.
14. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect
to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the Easement, all of which are merged herein.
15. Successors. The covenants, terms, conditions, and restrictions of this Easement shall
continue as a servitude running in perpetuity with the Property.
16. Amendment. The subject easement and other terms of this instrument may only be modified
with the written approval of the Declarant, WiIlamalane Park and Recreation District, the Levi
Landing Homeowners' Association, the City of Springfield, and Rural Thurston, Inc., or their
successors. To be effective such approvals must be acknowledged and recorded pursuant te the
law of the State of Oregon.
17. Termination of Rights and Obligations. Declarant's rights and obligations under this
Date Received:
Page - 6 Levi Landing Conservation Easement
ajdd62901.
OCT - 6 2010
Original Submittal
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Easement terminate upon transfer of the Easement or Property, except that liability for acts Dr
omissions occurring prior to transfer shall survive transfer.
IN WITNESS WHEREOF Declarant, in his capacity as Trustee for the Paulson Trust, has set
his hand as of the day and year set forth above.
DECLARANT
Thomas K. Dean, Trustee
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ACKNOWLEDGMENT
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OFFICIAL SEAL .
. , DENNIS WARTENBEE
< ./ CNOTARY PUBLIC - OREGON
.' OMMISSION NO 3
MY COMMISSION EXP'RfS'AP~W~02
STATE OF OREGON
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County of Lane )
On 6/ ~ ,2001, personally appeared the above-named Thomas K. Dean and
acknow Ie goo he foregoing to be his voluntary act and deed in his capacity as trustee for the
James A. Paulson Trust. ~ ~
-@&
otary Public for Oregon , /
My Commission Expires ?/~/ '!....'?
ss.
Date Received:
Page - 7 Levi Landing Conservation Easement
ajdd62901
OCT - 6 2010
Original Submittal
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EXHmIT A
LEVI LANDING
CONSERVATION EASEMENT AREA
Beginning at a point from which the NW comer of the William Y. Miller Donation Land
Claim No. 48, Tl7S, R2W, WM, bears Nl o45'50"E 424.43 feet and N88019'05"W
349.80 feet, thence S88053'01"E 105.00 feet to a point; thence along the arc ofa 77.00
foot radius curve to the right 60.48 feet (the chord of which bears N68040'26"E 58.94
feet) to a point; thence NI045'50''E 53.00 feet to a point; thence S88053'0I''E 300.00 feet
to a point; thence SI045'50''E 53.00 feet to a point; thence S88053'01"E 8.42 feet to a
point; thence along the arc ofa 127.00 foot radius curve to the right 51.87 feet (the chord
of which bears S77011'02"E 51.51 feet) to a point; thence S65OZ9'02"E 48.00 feet to a
point; thence N24030'58''E 53.00 feet to a point; thence S65OZ9'02"E 455.48 feet to a
point; thence N33018'27"W 675.97 feet to a point on the north line of said D.L.C. No. 4&;
thence along said north line N88019'05"W 614.55 feet to a point; thence SI045'50"W
424.43 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal
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LEVI LANDING 2ND ADD.
CONSERVATION EASEMENT
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LEVI LANDING 2ND_ ADD.
PUBLIC IMPROVEMENTS
lOlTE PLAN AND UTILITY PLAN
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