HomeMy WebLinkAboutEasement APPLICANT 10/6/2010 (2)
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Division of Chief Depuly Clerk
Lane Counly Deeds and Records
TL 17-02-11-3200
File 75, Slides 1152 - 1155
Levi Landing, 2nd Addition
Declarant/Grantor: Thomas K. Dean, Trustee, James A, Paulson Trust
Grantee: Willamalane Park and Recreation District
After recording return to Recording charges shall be paid by
Willamalane Park & Recreation Dist. Thomas K. Dean, Trustee
200 S. Mill Street James A. Paulson Trust
Springfield, OR 97477 2121 Franklin Blvd., Suite 5
Eugene, OR 97403
JACOB LANE. RUFF PARK
PUBLIC PEDESTRIAN ACCESS EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
1. Declarant: This Public 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 2nd 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 Development 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 DECLARA nON OF EASEMENTS: There is hereby declared and conveyed
from Grantor to Grantee a nonexclusive public easement for pedestrian, nonmotorized vehicle,
Date Received:
Page. 1 Jacob Lane-Ruff Park Pedestrian Access Easement aj62601
OCT - 6 2010 .
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 2111
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 shllll 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 common 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 of Tentative 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 consistentl"iift~lf<~A~t1 .
local. state. and federal regulations and pennits and with all other conditions. eas~la?hYs~d.
OCT - 6 2010
Page - 2 Jacob Lane-Ruff Park Pedestrian Access Easement
,j62~riginal 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
e1)~tl'sitrum.~ntthiS J."1 dayof 8~ ,,',~O~::.e$E _
. ~n '. OFFICIAL SEAL
. I,~U "'7v.:.-- DENNIS WARTENBEE
Thomas K. Dean, in his capacity as trustee , ; NOTARY PUBLIC _ OREGON
Ofth J A P I T t .... ..f COMMISSION NO. 321949
e ames . au son rus MY COMMISSION EXPIRES APR. 16,2003
s:.-::
ACCEPTANCE: The conveyance set forth in this instrument conveying title or interest to
Willamalane 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
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Blake Hastings, President
ACKNOWLEDGMENTS
STATE OF OREGON ) ss
County of Lane )
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Robert W. Keefer, Sec
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. OFFICIAL SEAL
. DENNIS WARTENBEE
'. j NOTARY PUBLIC. OREGON
"". COMMISSION NO. 321949
MY COMMISSION EXPIRES APR. 16.2003
~,
On '/2. 'j I D C, personally appeared the above- amed Thomas K. Dean in his capacity as
Trustee or the James A. Paulson Trust and acknowl ge \ the foreg i to his oluntary act
and deed. '
:.'.-='::::~"<'~
OFFICIAL SEAL
DENNIS WARTENBEE
NOTARY PUBLIC - OREGON
COMMISSION NO. 321949
MYC M'SSiON~RESAPR.16.2003
S:;S~S.:........~
County of Lane )
~ J ~ / Original Submittal
On 1t lJ , personally appeared the above-named Blake Hastings and Robert W.
KeeferJin ~ir capacities as President and Secretary Willamalane Park and Recreation
District and aCknOWledgedth~e fO:~~oi,n~ _~ccePtan\~o B their ~Ol n, G and ~eed.
......,.... ." >.'. .~._~~---- 'f ~otarypubhcforOregon
.;} . OFfICI,.K SEAL
~.. DENNIS WARTENBEE My commission expires: ii/ j' ZltI:5
{j j NOTARY PUBLIC, OREGON '1 ID J
' .... l COMMISSION NO. 321949
'J MY COMMISSION EXPIRES APR. 16, 2003
j.~~p.~~-."i"~:-:-~:;"~.;:"~
otary public for Oregon . .
y commission expires: #~.JRecelved:
/
OCT - 6 2010
Page - 3 Jacob Lane-Ruff Park Pedestrian Access Easement .j62601
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EXHIBIT A
PEDESTRIAN
ACCESS EASEMENT
L..-
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LEVI LANDING 2ND. ADD.
PUBLIC IMPROVEMENTS
SIT! PlAN AltD UTILITY PLAN
''''UNGFIEUJ, OREGON
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Date! ~J~eive
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ocr! 18 2010
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Original Sub~ittal
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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, R2W, WM, from which the NW comer of said Donation Land Claim No. 48
bears N88019'05"W 935.85 feet, thence leaving said north line S I 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'OO"E 16.54 feet) 16.55
feet to a point; thence N24030'5T'E 232.21 feet to a point; thence Nlo06'59''E 201.85
feet to a point on the north line of said Donation Land Claim No. 48; thence along said
north line N88019'05"W 22.00 feet to the point of beginning, in Lane County, Oregon
Date Received:
OCT - 6 2010
Original Submittal
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"
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EXmBIT C
TO PEDESTRIAN ACCESS EASEMENT:
LEVI LANDING
CONSERVATION EASEMENT AREA
Beginning at a point from which the NW comer of the William Y. Miller Donation Land
Claim No. 48, T17S, RZW, WM, bears Nl "45'50"E 424.43 feet and N88"19'05''W
349.80 feet, thence S88"53'01"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 bears N68"40'26"E 58.94
feet) to a point; thence Nl"45'50"E 53.00 feet to a point; thence S88"53'01"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 of a 127.00 foot radius curve to the right 51.87 feet (the chord
of which bears S77" 11 '02"E 51.51 feet) to a point; thence S65"29'02"E 48.00 feet to a
point; thence N24"30'58"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.e. No. 48;
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