HomeMy WebLinkAboutEasement APPLICANT 1/27/2011
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. D'ivIS!On ~f ( . Depuly Cle~k
Lane Counly Deeds and Reco~ds
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1111111111111111111111111111111111111111111111111 $71.00
00570767200400300720100104 04/26/2004 10: 17: 14 AM
RPR-ESMT Cnl=l Sln=5 CRSHIER 08
$50.00 $10.00 $11.00
After recording return to:
Laurence E. Thorp
Thorp, Purdy, Jewett, Urness &.
Wilkinson, P.C. .
1011 Harlow Road #300
Springfield, OR 97477
Until changes are requested
send all tax statements to:
Newgate, LLC
840 Beltline Road
Springfield, OR 97477
DECLARATION OF EASEMENT
RECITALS:
A. . Newgate, LLC, an Oregon Limited Liability Company (Grantor), owns a certain tract of
land located between the northbound. off-ramp for Interstate Highway 5 at Beltline Road and
Gateway Street in Springfield, Oregon (Property). The Property is more fully described in the
attached Exhibit A-I.
B. Grantor intends to divide the Property into two separate legal lots the NOrth Lot and the
South Lot which are described in Exhibits A-2 and A-3 respectively attached hereto. A map
depicting the Lots is attached as Exhibit B.
C. To ensure that sanitary sewer and storm water disposal are available to serve the Lots,
Grantor wishes to provide a sanitary sewer and stormwater disposal easement. In addition,
Grantor wants to provide an easement for access to the North Lot across the south Lot and
reciprocal parking easements for both Lots.
D.
Grantor has executed this Declaration of Easement to provide such easements.
EASEMENT:
Grantor does hereby declare and establish the following easements for the benefit ofthe
Lots.
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1. Sanitary Sewer. Grantor hereby grants an easement appurtenant to the North Lot over
and through the portion of the South Lot described in Exhibit C attached hereto for the purpose
of operating the sanitary sewer line, which serves the North Lot. The easement is depicted on
Exhibit E attached hereto.
Date Received:
'EXHIBIT 'tL:' Page L ofJQ.
JflJI 2 7 2011'
Declaration of Easement - Page 1 of3
Original Submittal
(doc.7J219)
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2. Stom1 Water. The site plan for development of the Property approved by the City of
Springfield requires that a st0l111 water conveyance system (the "System") be built on a pOltion .
of the Lots described in Exhibit 0 as depicted in Exhibit E attached hereto to serve both Lots.
Grantor hereby grants reciprocal easement on the property described in Exhibit 0 for the
purpose of constmcting, maintaining, and'repairing the System and allowing both Lots to
discharge storm water into the System.
3. Access and Parking.
a. Grantor hereby declares and grants a mutual, reciprocal easement for vehicular
parking on the Lots for the owners, employees, tenants, invitees and licensees using such Lots.
The initial design of the parking is depicted on Exhibit E.
b. Grantor hereby grants a non-exclusive easement through the South Lot to
Gateway Street for vehicular and pedestrian access to benefit the North Lot.
c. The owner of each Lot may designate rules as to the parking and traffic
circulation on its Lot, but said rules shall not unfairly inhibit traffic flow to the other Lot and
shall apply unifonnly to the owners, tenants, invitees and licensees of each Lot.
4. Maintenance: The cost of constructing, maintaining, repairing 'and replacing the sanitary
sewer line, the System and the access roadway and parking lots for which easements are granted
in Sections I, 2 and 3 above shall be divided between the owners of the Lots in proportion to the
square footage of the structures located on each lot.
5. Miscellaneous:
a. Easements granted by-this instrument shall be non-exclusive, perpetual and shall
run with the land.
b. This Declaration of Easement shall be binding on Grantor and its successors in
interest.
c. All disputes arising out of or related to this Declaration of Easement or the
easements created hereunder, shall be resolved between the parties involved by arbitration in.
accordance with ORS 36.600 et seq. (2003) and by any similar statute. The arbitrator's award
. shall be final and binding and may be docketed as a final judgment in any court of competent
jurisdiction.
d. The easements created hereunder may be amended or tenninated upon the written
agreement of the owners of each Lot and the recording of such agreement in the Lane County,
Oregon property records.
e. The easements created hereby shall not be extinguished by merger as a result of
the dominant and serviant estates being in common ownership.
Date Received:
EXHIBIT ''CJ..'' Page ~ of J.Q..
JAN 2 7 2011
Declaration of Easement - Page 2 of 3
Original SubmIttal
(doc.73219)
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f. The owner of the South Lot shall have the right, at such owner's expense, to
relocate the sanitary sewer line described in section I above. At least 20 days prior to relocating
the line, the owner of the South Lot shall provide written notice to the owner of the North Lot
and shall not interupt sanitary sewer servi,ce to the North Lot as a result of the relocation.
g. The owner of each Lot shall defend, indemnify and hold harmless the owner of
the other Lot for any damage done or injury caused as a result of the use of any easement granted
hereunder.
h. the Recitals are incorporated herein.
NEWGATE, LCC
/
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. Co alion, Manager
Richard IX Boyles, President
THE STATE OF Oregon )
)ss.
COUNTY OF Lane )
Personally appeared before me, a Notary Public in and for the above County and State,
Richard D. Boyles, President of Sycan B Corporation, known personally by mc and
acknowledged by me to be on the date of execution, and he executed the foregoing for and on
behalf of said limited liability Gompany by authority of its Members.
Witnessed by hand and this notarial seal, this JJ~day Of~, 2004. .
OFRCIAL SEAL
TIMOTHY D. HOVET
'~OTARY PUBLIC-OREGON
COMMISSION NO. 371588
'i COMMiSSION EXPIRES AUGUST 14, 2007
Public' and for the
State and County aforesaid
Date Received:
JAN 2 7 2011
Original Submittal
EXHlBIT .{, \ " Page ?:> of JQ..
Declaration ofEascment - Page 3 of3
(doc 73219)
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PARCEL I
BEGINNING AT A POINT ON THE WEST LINE OF THE WILLIAM STEVENS DONATION LAND
CLAIM NO. 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILAMETTE MERIDIAN,
682.38 FEET SOUTH 00 DEGREES 04 MINUTES EAST FROM THE NORTHWEST CORNER OF
SAID CLAIM NO. 46; THENCE SOUTH 00 DEGREES 04 MINUTES EAST, 1027.70 FEET ALONG
SAID WEST LINE TO THE SOUTHEAST CORNER OF THE A.C. STEVENS DONATION LAND
CLAIM NO. 45; THENCE SOUTH 89 DEGREES 49 MINUTES 20 SECONDS WEST, 754.65 FEET
ALONG THE SOUTH LINE OF SAID DONATION LAND CLAIM NO. 45 TO A POJ,NT ON A LINE
80.00 FEET EASTERLY FROM AND PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF
INTERSTATE 5; THENCE NORTH 04 DEGREES 40 MINUTES EAST, 517.91 FEET ALONG SAID
LINE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE "J" LINE WYE
CONNECTOR 100.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES, TO ENGINEERS
CENTERLINE STATION "J" 446+96.50 POINT OF CURVE; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY LINE ALONG THE ARC OF A 258.10 FOOT RADIUS CURVE RIGHT (THE
LONG CHORD OF WHICH BEARS NORTH 45 DEGREES 39 MINUTES 10 SECONDS EAST, 73.50
FEET) 73.75 FEET; THENCE ALONG THE ARC OF A 100.00 FOOT OFFSET SPIRAL CURVE
RIGHT HAVING AN "A" VALUE OF 8.0 (THE LONG CHORD OF WHICH BEARS NORTH 65
DEGREES 56 MINUTES 36 SECONDS EAST, 171.50 FEET); THENCE NORTH 70 DEGREES 50
MINUTES 20 SECONDS EAST, 10.00 FEET; THENCE ALONG THE ARC OF A 100.00 FOOT
OFFSET SPIRAL CURVE TO THE LEFT, HAVING AN "A" VALUE OF 5.0 (THE LONG CHORD
OF WHICH BEARS NORTH 67 DEGREES 22 MINUTES 30 SECONDS EAST, 217.15 FEET);
THENCE ALONG THE ARC OF A 672.96 FOOT RADIUS CURVE LEFT (THE LONG CHORD OF
WHICH BEARS NORTH 50 DEGREES 50 MINUTES 20 SECONDS EAST, 233.72 FEET) 234.91
FEET; THENCE ALONG THE ARC OF A 100.00 FOOT OFFSET SPIRAL CURVE LEFT, HAVING
AN "A" VALUE OF 5.0 (THE LONG CHORD OF WHICH BEARS NORTH 34 DEGREES 42
MINUTES 22 SECONDS EAST; 193.52 FEET) TO THE TRUE POINT .OF BEGINNING, ALL IN
LANE COUNTY, OREGON.
PARCEL 2
BEGINNING AT A pOINT ON THE WEST LINE OF THE WILLIAM STEVENS DONATION LAND
CLAIM NO. 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN,
1498.38 FEET SOUTH 00 DEGREES 04 MINUTES EAST FROM THE NORTHWEST CORNER OF
SAID CLAIM NO. 46; THENCE SOUTH 00 DEGREES 04 MINUTES EAST, 60.00 FEET ALONG
SAID WEST LINE; THENCE NORTI-I 89 DEGREES 45 MINUTES 20 SECONDS EAST 415.70 FEET
TO THE WESTERLY RIGHT-OF-WAY LINE OF GATEWAY STREET AS SAID STREET IS
DESCRIBED BY INSTRUMENT RECORDED JULY 16, 1969, RECEPTION NO. 73410, OFFICIAL
RECORDS LANE COUNTY, OREGON; THENCE ALONG THE WESTERLY RIGHT-OF-WAY
LINE OF SAID GATEWAY STREET NORTH 00 DEGREES 04 MINUTES WEST, 60.00 FEET TO A
POINT WI-IlCH BEARS NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST FROM THE
POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST,
415.70 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON.
Exhibit A-I
Date Received:
JAN 2 7 2011
Exhibit A-I
Original Submittal
EXIDBIT ~\ .. Page lL otUL
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Beginning at a point on the West line ofthe William Stevens ponation Land Claim No. 46,
Township 17 South, Range 3 West ofthe Willamette Meridian, 1027.34 feet North 0004'00"
West from the Southeast coiner of Donation Land Claim No. 45, Township 17 South, Range 3
West of the Willamette Meridian, thence South 0004'00" East, 731.53 feet; thence leaving the
West line of said Donation Land Claim No. 46, West 325.18 feet; thence Northil49.35 feet;
thence West 392.80 feet; thence North 4040'00" East 68.65 feet to a point on the Easterly right-
of-way line of the "J" line wye connection of Interstate 5, said point being 100.00 feet from,
when measured at right angles to, the Engineers Centerline Station "J" 446+97.15; thence
continuing along said right-of-way line and following the arc of a 258.10 foot radius curve to the
right an arc length of74.22 (the long chord of which bears North 46036'03" East, 73.97 feet);
thence along a 100.00 foot offset spiral curve to the right, having an "A" value.of 8.00 (the chord
of which bears North 65056'34" East, 171.51 feet) to a point of tangency; thence North
70050'22" East, 10.00 feet; thence along a 100.00 foot offset spiral curve to the left, having an
"A" value of 5.0 (the chord of which bears North 67"22'23 East, 217.15 feet) to a point of
. curvature; thence along the arc ofa 672.96 foot radius curve left an arc length of234.91 feet (the
long chord of which bears North 50050'22" East, 233.72 feet); thence along it 100.00 foot offset
spiral curve to the left, having an "A" value of 5.0. (the chord of which bears North 34043'48"
East, 193.22 feet) to the POINT OF BEGINNING, containing 5.59 acres, more or less, all within
Springfield, Lane County, Oregon. .
EXHIBIT A-2
Date Received:
JAN 2 7 2011
Original Submittal
EXHlBIT '~" Page ~ orE
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Beginning at the Southeast comer of the A.C. Stevens Donation Land Claim No. 45, Township
17 South, Range 3 West of the Willamette Meridian, thence following ,along the East line of said
Donation Land Claim No. 45, North 0004'00" West 151.68 feet; thence leaving said East line of
Donation Land Claim No. 45, North 89045'20" East 415.44 feet to the Westerly right-of-way line
of Gateway Street as described by instrument recorded July 16, 1969, Reception No. 73410,
Lane County Oregon Deed Records, Eugene, Lane County, Oregon, said point being 40.00 feet
from, when measured at right angles to, the centerline of said Gateway Street; thence along the
Westerly right-of-way line of said Gateway Street, North 0004'00" West, 60.00 feet; thence
leaving said right-of-way, South 89045'20" West, 415.44 feet to a point on theEast line of said '
Donation Land Claim No. 45; thence following along said East Line, North 0004'00" West 83.93
feet; thence leaving said East Line, West325.18 feet; thence North 149.35 feet; thence West
392.80 feet; thence South 4040'00" West 448.79 feet to a point on the South line of said
Donation Land Claim No. 45; thence following along the South line of said Donation Land
Claim No. 45, North 89049'20" East 754.84 feet to the POINT OF BEGINNING, containing
7.00 acres, more or less, all within Springfield, Lane County, Oregon.
Date Received:
EXHIBIT A-3
JAN 2 7 2011
Original Submittal
EXHIBITfr'page 1- ofJJL
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Date Received:
JAN 2 7 2011
Original Submittal
EXHIBIT B
EXHIBIT~" Page ~ of-lli-
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A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WlLLAME'ITE
MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTII LINE OF THE WILLIAM STEVENS
DONATION LAND CLAIM NO. 45, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE
WlLAMETTE MERIDIAN, 11.52 FEET SOUTH 89.49'20" WEST FROM THE SOUTHEAST
CORNER OF SAID DONATION LAND CLAIM NO. 45; THENCE FOLLOWING ALONG
THE SOUTII. LINE OF SAID DONATION LAND CLAIM NO. 45, SOUTII W 49'ZO" WEST,
10.00 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH, 295.68 FEET; THENCE
EAST 10.00 FEET; THENCE SOUTH, 295.65 FEET TO THE POINT OF BEGINNING,
CONTAINING 2,957 SQUARE FEET, MORE OR LESS, ALL WITHIN SAID SECTION 22,
TOWNSHIP 17 SOUTH, RANQE 3 WEST OF THE WlLLAMETTE MERIDIAN,
SPRINGFIELD, LANE COUNTY, OREGON.
-- ti:~:~ -. --~. =:.,
Y REGISTERED "
IT PROFESS!ONAL ~
! Lf~ND SURVEYOR l
EGON
LY 16,1987
SCOn J. GOEBi;L
2280
!:\EI~IVAUJAT[ ""'/3o/~i_J
Date Received:
EXHIBIT C
JAN 2 7 2011
M:\Legals\Sycan\Crossroads\Exhibit C Pvt San.wpd
Original Submittal
EXHIBIT "1L" Page ~ of-UL
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A parcel ofland being a portion of the Northwest Quarter of Section 22, Township 17 South,
Range 3 West of the Willamettc Meridian; being more particularly descnbed as follows:
. .
Commencing at the Southeast comer of the William Stevens Donation Land Claim No. 45,
Township 17 South, Range 3 West of the Willamette Meridian; thence following along the South
line of said Donation Land Claim No. 45 South 89049'20" West, 754.84 feet; thence leaving said
South line North 4040'00" East, 508. I I feet to the TRUE POINT OF BEGlNNlNG; thence
North 4040'00" East, 9.33 feet to a point on the Easterly right-of-way line of Interstate Highway
5, 100.00 feet from, when measured at right angles to, the centerline "J" Line Station 446+97.15;
thence following along said right-of-way line lUld along the arc ofa 258.10 foot radius curve to
the right, an arc distance of 1.83 feet (the long chord of which bears North 38033'55" East, 1.83
feet); to a point which is 100.00 feet from, when measured at right angles to, the centerline "J"
Line Station 446+94.62 thence leaving said right-of-way South 56032'39" East, 56.42 feet; thence
South 8 I 022'02" East, 98.77 feet; thenCe North 35021 '23" East, 94.60 feet; thence South
51044'20" East, 20.03 feet; thence South 35039'53" West, .8.84 feet; thence South 0003'36" East,
65.65 feet; thence North 89059'03" East, 180.97 feet; thence South, 71.62 feet; thence West,
10.00 feet; thence North, 55.73 feet; thence West, 229.52 feet; thence South 35039'53" West,
73.28 feet; thence South 17012'41" West, 16.54 feet; thence North 73021'24" West, 17.16 feet;
thence North 06038'41" East, 91.92 feet; thence North 81022'02 West, 55.36 feet; thence North
56032'39" West, 54.29 feet to the POINT OF BEGINNlNG, containing 12,817 square feet, more
or less, all within said Section 22;Sprii1gfield; Lane' Coilfity; oregon:. .
t.;l*- ~..-.:--~~,
:, REGISTEf1ED
~ PROFESS!ONAL
~ LhNO SURVEYOR
"-'''''-'''""",,,,~
~'.' 0 GON
JUI 16.1987
SCOTT J. GOEBEL
\\. 2280
:}Er~E1VAL~li: 0(30/05" 1
Date Received:
JAN 2 7 2011
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EXHIBIT D
Original Submittal
EXHIBIT i1.." page.0L of JQ..
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