HomeMy WebLinkAboutEasement APPLICANT 12/14/2010
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Division of Chief DeputyCierk
Lane County Deeds and Records
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$66.00
Mter recording return to:
Rebecca F. Schapira
Arnold Gallagher Saydack
Percell Roberts & Potter, P.C.
800 Willamette'street, Suite 800
Eugene, Oregon 9740 I
"III 1111 III I II III1I """ 11111111111" 1111111111
00952706200700728360090097
10/25/2007 09:13:18 AM
RPR-ES"T Cnt=l Stn=6 CASHIER 07
$45.00 $10.00 $11.00
DECLARATION OF EASEMENTS
BY:
McMac, LLC
c/o DeChase Development
PO Box 11942
Eugene, Oregon 97440
("Declarant")
EFFECTIVE
DATE:
OM. 25
,2007
RECITALS
A. Declarant is the owner of the real property and any improvements on it consisting
of approximately 12.68 acres located on International Way in the city of Springfield, county of
Lane, state of Oregon, as more particularly described in Exhibit A attached hereto, to be known
as the Liberty Professional Center Business Park (the "Business Park").
B. A Master Plan for the Business Park was approved by the City of Springfield in
accordance with the Springfield Development Code by decision on July 17,2007 as Case
Number LRP2007-00020, recorded in the Official Records of Lane County on or about the
Effective Date of this Declaration of Easements (this "Declaration"), Reception No. "2.007 - "6172
(the "Master Plan").
C. Simultaneously with this Declaration, a subdivision plat subdividing the Business
Park into five (5) lots (each, a "Lot") shall be recorded in the Lane County Oregon Plat Records
in the form attached hereto as Exhibit B (the "Plat").
D. Declarant desires to make this Declaration to create certain easements for the
benefit of the Lots.
DECLARATION
DECLARATION OF EASEMENTS AND RESTRICTIONS - 1
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Planner: AL / I
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NOW, THEREFORE, to govern the Business Park for the benefit of all Lot Owners,
Declarant hereby declares as follows.
1. Access Easements. Each Lot Owner and its tenants, employees, patrons, invitees
and agents shall have a perpetual non-exclusive right and easement for vehicle and pedestrian
ingress and egress over and across the following areas shown on the Plat:
1.1 An area thirty-seven (37) feet wide on Lot 1, shown on the Plat as "37.00'
PRIVATE JOINT-USE ACCESS EASEMENT;"
1.2 An area in the southwest corner of Lot 2, shown on the Plat as
"PRIVATE JOINT -USE ACCESS EASEMENT" (the "Lot 2 Access Easement Area");
1.3 An area thirty (30) feet wide on Lot 3, shown on the Plat as "30.00'
PRIVATE JOINT-USE ACCESS EASEMENT;" and
1.4 An area fifty-five (55) feet wide on Lot 5, shown on the Plat as "55.00'
PRIVATE JOINT -USE ACCESS, PRIVATE UTILITY AND PRIVATE STORMW ATER
EASEMENT" (the "International Way Access Drive").
The easement areas described in this Section I are referred to herein, collectively, as the "Access
Easement Areas." The easements created in this Section 1 are for the use and benefit of all Lot
Owners and are referred to herein, collectively, as the "Access Easements."
2. Utility Easements.
2.1 The Owner of Lot 1 and its contractors, agents and employees, shall have
the perpetual non-exclusive right and easement to enter the following areas as necessary to
maintain, repair and replace utility pipes, conduits and other facilities exclusively serving Lot 1
(the "Lot I Utilities"):
2.1.1 An area along a portion of the westerly lot line of Lot 3, shown on
the Plat as "5.00' x 178.00' PRIVATE UTILITY EASEMENT;" and
2.1.2 An area of variable width along the westerly lot line of Lot 4,
shown on the Plat as "VARIABLE WIDTH PRIVATE UTILITY EASEMENT" (the "Lot 3
Utility Easement Area").
2.2 The Owner of Lot 3 and its contractors, agents and employees, shall have
the perpetual non-exclusive right and easemeni to enter the following areas as necessary to
maintain, repair and replace utility pipes, conduits and other facilities exclusively serving Lot 3
(the "Lot 3 Utilities"):
DECLARA nON OF EASEMENTS AND RESTRICTIONS - 2
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2.2.1 An area five (5) feet wide along a portion of the southerly lot line
of Lot 4, shown on the Plat as "5.00' PRIVATE STORMW ATER EASEMENT;"
2.1.2 The Lot 3 Utility Easement Area; and
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2.1.3 The International Way Access Drive.
2.3 The parties acknowledge that some utilities in the Lot 3 Utility Easement
Area may serve both Lot 1 and Lot 3. Both the Owner of Lot I and the Owner of Lot 3 shall
have the perpetual non-exclusive right and easement to enter the Lot 3 Utility Easement Area as
necessary to maintain, repair and replace utility pipes, conduits and other facilities serving both
Lot 1 and Lot 3 (the "Lot 1 and Lot 3 Shared Utilities").
2.4 Each Lot Owner and its contractors, agents and employees, shall have the
perpetual non-exclusive right and easement to enter the following areas as necessary to maintain,
repair and replace common storm drain pipes, conduits and other facilities (the "Common Storm
Drain Facilities") serving all of the Lots in common:
2.4.1 An area five (5) feet wide along a portion of the southerly lot line
of Lot 5, shown on the Plat as "5.00' PRIVATE UTILITY EASEMENT;" and
2.4.2 'f!1e International Way Access Drive.
2.5 The rights created in this Section 2 may be exercised by the Owner of a
benefited Lot at reasonable times so as not to unreasonably interfere with the use of the burdened
Lot, except that entry is permitted at any time in the event of an emergency creating an
immediate risk of property damage or personal injury. Any Lot Owner entering the property of
another Lot Owner pursuant to this Section 2 shall cooperate with the other Lot Owner and shall
promptly repair any and all damage arising from such entry such that the area affected by such
entry is restored to as good or better condition than it was immediately before such entry.
3. Maintenance. Maintenance, repair and replacement in connection with the
easements created in this Declaration shall be governed by this Declaration as follows:
3.1 Access Easement Areas and Common Storm Drain Facilities. Each
Lot Owner shall pay its pro rata share of the cost of maintaining the Access Easement Areas and
the Common Storm Drain Facilities. For the purposes of this Section 3.1, the pro rata share for
each Lot Owner shall be as follows:
Lot
Lot I
Lot 2
Lot 3
Lot 4
Lot 5
Pro Rata Share
13.34%
23.68%
39.18%
11.00%
12.80%
DECLARA TION OF EASEMENTS AND RESTRICTIONS - 3
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One Lot Owner (the "Maintaining Owner") shall be responsible for maintaining
the Access Easement Areas and the Common Storm Drain Facilities in good condition and free
of snow, ice and debris, including, without limitation, making all necessary repairs or
replacements. Until otherwise agreed in writing by all Lot Owners, the Owner of Lot 3 shall be
the Maintaining OWner. The Maintaining Owner shall have the right to invoice the other Lot
Owners for their pro rata shares of the actual cost of such maintenance, repair and replacement,
including a reasonable administration fee of not more than five percent (5%) of such actual cost.
Payment shall be due to the Maintaining Party within thirty (30) days after receipt of an invoice
therefor. The cost of any maintenance, repair or replacement of the Access Easement Areas and
the Common Storm Drain Facilities performed as part of a larger project by the Maintaining
Owner or any other Lot Owner shall be reasonably allocated by such Lot Owner, and such Lot
Owner shall provide all documentation reasonably requested by any other Lot Owner in
connection with such allocation.
If the Maintaining Owner fails or refuses to make repairs that are required by this
Section 3.1, any Lot Owner may make the repairs and charge the actual costs of repairs to the
other Lot Owners as provided in this Section 3.1. Except in an emergency creating an immediate
risk of personal injury or property damage, no Lot Owner other than the Maintaining Owner may
perform repairs to the Access Easement Areas or the Common Storm Drain Facilities and charge
the other Lot Owners for the resulting expense unless at least thirty (30) days before work is
commenced the Maintaining Owner and all other Lot Owners are given notice in writing
outlining with reasonable particularity the repairs required, and $e Maintaining Owner fails
within that time to initiate such repairs in good faith and diligently pursue their completion.
Notwithstanding the foregoing, the Owner of Lot 2 shall be the Maintaining
Owner with respect to the maintenance, repair and replacement of the Lot 2 Access Easement
Area, unless otherwise agreed in writing by all Lot Owners.
3.2 Utilities.
3.2.1 Lot 1 Utilities. The Owner of Lot I shall be solely responsible, at
its own cost and expense, for maintaining the Lot I Utilities.
3.2.2 Lot 3 Utilities. The Owner of Lot 3 shall be solely responsible, at
its own cost and expense, for maintaining the Lot 3 Utilities.
3.2.3 Lot 1 and Lot 3 Shared Utilities. The Owner of Lot 3 shall be
responsible for maintaining the Lot I and Lot 3 Shared Utilities, until otherwise agreed in writing
by the Owner of Lot I and the owner of Lot 3. The Owner of Lot 3 shall have the right to
invoice the Owner of Lot I for one half (1/2) of the actual cost of such maintenance, repair and
replacement, including a reasonable administration fee of not more than five percent (5%) of
such actual cost. Payment shall be due to the Owner of Lot 3 within thirty (30) days after receipt
of an invoice therefor. The cost of any maintenance, repair or replacement of the Lot I and Lot 3
Shared Utilities performed as part of a larger project by the Owner of Lot 3 shall be reasonably
allocated by the Owner of Lot 3, and the Owner of Lot 3 shall provide all documentation
reasonably requested by the Owner of Lot I in connection with such allocation.
DECLARA nON OF EASEMENTS AND RESTRICTIONS - 4
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If the Owner of Lot 3 fails or refuses to make repairs that are required by this
Section 3.2.3, the Owner of Lot I may make the repairs and charge the actual costs of repairs to
the Owner of Lot 3 as provided in this Section 3.2.3. Except in an emergency creating an
immediate risk of personal injury or property damage, the Owner of Lot I may not perform
repairs to the Lot I and Lot 3 Shared Utilities and charge the Owner of Lot 3 for the resulting
expense unless at least thirty (30) days before work is commenced the Owner of Lot 3 is given
notice in writing outlining with reasonable particularity the repairs required, and the Owner of
Lot 3 fails within that time to initiate such repairs in good faith and diligently pursue their
completion.
4. ComDliance with Master Plan. All Lot Owners shall at all times comply in all
material respects with the Master Plan.
5. Termination. The easements and restrictions contained in this Declaration shall
terminate only upon mutual written agreement between all Lot Owners.
6. Declarant. "Declarant" shall include Declarant's, officers, partners,
shareholders, members, employees, successors, heirs, transferees and assigns for the purposes of
this Declaration.
7. Lot Owner. An "Owner" or "Lot Owner" shall mean the fee owner of a Lot, or
its designee. No Lot shall have more than one Lot Owner for the purposes of this Declaration.
8. Ril!ht to Enforce. Declarant and the Lot Owners, separately or ,jogether, shall
have the right to specifically enforce the covenants, easements and restrictions contained in this
Declaration.
9. Notices. All notices required or permitted to be given shall be in writing and shall
be deemed given and received on personal service or deposit in the United States Mail, certified
or registered mail, postage prepaid, return receipt requested, addressed as set forth on the first
page of this Declaration and as follows:
If to Declarant, until all
Lots are sold, to the
address first above
with a copy to:
John B. Arnold, Esq.
Arnold Gallagher Saydack Percell Roberts & Potter, P.C.
800 WilIamette Street, Suite 800
Eugene, OR 97401
The foregoing addresses may be changed by written notice, given in the same manner.
Notice given in any manner other than the manner set forth above shall be effective when
received by the party for whom it is intended.
DECLARATION OF EASEMENTS AND RESTRICTIONS - 5
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10. Recordine. Declarant shall promptly record this Declaration in the Official
Records of Lane County.
11. Attornev Fees. If litigation is instituted with respect to this Declaration, the
prevailing party shall be entitled to recover from the losing party, in addition to all other sums
and allowable costs, its reasoriable attorney fees, both in preparation for and at trial and any
appeal or review, such amount to be set by the court before which the matter is heard.
12. Bindine Effect. The covenants, easements and restrictions contained herein run
with the Business Park, including any future subdivision or partition thereof. This Declaration
shall be binding on and inure to the benefit of the parties and their respective heirs, successors
and assigns of the interest in the Business Park.
13. No Waiver. Granting a waiver or failing to enforce a covenant, easement or
restriction contained herein in one or more instances shall not constitute a waiver of the right to
enforce a covenant, easement or restriction in the future.
14. Governine Law: Interpretation. This Declaration shall be governed by the laws
of Oregon. If a court of competent jurisdiction holds any portion of this Declaration to be void or
unenforceable as written, Developer intends that (I) that portion of this Declaration be enforced
to the extent permitted by law, and (2) the balance of this Declaration remain in full force and
effect.
15. Authority to Execute. The person executing this Declaration on behalf of
Declarant warrants his or her authority to do so.
16. Inteeration. Modification. or Amendments. This Declaration supersedes all
prior written and oral negotiations and agreements with respect to the easements and restrictions
contained herein. Any modifications, changes, additions, or deletions to this Declaration must be
approved by all Lot Owners, in writing.
17. Pronouns: Electronic CODies. With respect to any pronouns used in this
Declaration, each gender used shall include the other gender and the singular and the plural, as
the context may require. An electronic copy of the original executed Declaration shall be
binding.
18; Statutory Statements. Reference to this Declaration and any required statutory
statements shall be included in all deeds or other instruments conveying all or any portion of
Declarant's interest in the Business Park.
[Remainder of page intentionally left blank.]
DECLARA nON OF EASEMENTS AND RESTRICTIONS - 6
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Data Received:
Planner: AL
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Executed as of the day and year first above written.
DECLARANT:
McMac, LLC, an Oregon limited liability
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Randy herson, Partner Member
STATE OF OREGON
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County of Lane
On Od-c>lu'-.3 , 2007, personally appeared before me Randy McPherson on behalf of
McMac, LLC, an Oregon limited liability company, who acknowledged the foregoing instrument
to be his voluntary act and deed.
---B /? IN>''/~ _~ f!.u.~
Notary Public for Oregon
My commission expires: J ....,,"- '7,.1.011
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. OFFICIAL SEAl
" BRENDA LEE CARUN
, . NOTARY PUBLIC - OREGON
COMMISSION NO. 418749
MY CllMMlSSIOll EXPIRES JUNE 7, 2011
DECLARA TION OF EASEMENTS AND RESTRICTIONS - 7
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Planner: AL
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Exhibit A
Business Park
Parecl2 of Land P~tiOn Plat Number 93-P0421 as shown in the correction survey filed on
April 25. 1994 as County Survey File Number 31927 in the Lane County Oregon Surveyors
Offi~ . .
DECLARATION OF EASEMENTS AND RESTRICTIONS - EXHIBIT A - I of I
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