Loading...
HomeMy WebLinkAboutEasement APPLICANT 1/27/2011 (e . D'ivIS!On ~f ( . Depuly Cle~k Lane Counly Deeds and Reco~ds ,~~~.~~~~12 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. \ \ I 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) (. (. 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) . ( (. 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 / .J . 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) .. ( (. 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 . -:.J I,! 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 r.' I- ..-.d 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 / l(~.:~ ~~I~i ~ i : ~ i i (.1 ~n!u , I 111'1 ! r ~ !n! ~.~ ~ ,~ ~ ! ~ '~~; i ; .... l.U .... <....i loj .... Ii .~ ,,- c;-- - - - -'- - ---3- Or' . , . .L:ff:ilILlS .lY.t:uYO !' "" -----.~._~--3---------5_____:_:: . - ,00"09 .'t , '0 r g ~ I '" ~ :: I .~ '- 'b~/ ~ ~ "~ ~/ - ?, ; ~ . ~o '" ? '-- ; ~ , '" o ,.. ~ . ~ ~ ~ i: 00 .~ ~ o ,.. ~ . ~ toj o~ ? " ~ ~ ~ fl9"l~I :1'" "[1,,, ~ ~ '~~.1' r ~~ ' J 1 ~ f. .~ I ~ ~ '. ~'<t,,~ ~".,' I .....,r. ~~ . '..,." .-"'~' ;- - ~ /J---; - - - ~ _ b~ - - ~ l . :,f"' " ' ~-~, L ~ ,i:~~~" ~~: --"~i <" ~'" ~~ 1 I ' ~~~OCl ' ~~~ [ ~ tq~gi~~..; \;~ /' ;:~~ I I ~~~~~: '\f ~~~ II .tl"6~ ~ \ ';. ~~' 1 1 \ ,l 1 ~ I , n.. ll... . I ~ b I \ "--" 'b ~ ~ ~~~ ~ -"'~~ ' "l ~ : 1 :; 0 ;:. ~ :::le~ <:S \0 -, ::t .......".,-0 1:)- <.oR -1. :"'\ . '.~. ~ ~~~~I . tn2 ~~C\(~~I' I '!l :i"'t> I \ r!) U 0'""1 \1/\ I , ''''<I' J~'vf\ifJ' ~ '(}g ." ~: .(JfHfN '~ .:\~ 'I..:" .H"Of;.1. OO,Oj.HJN "'tb~~' 1 tJ.('/. 00 . \..:~,':: f.<{ <<-1~lb . ""... ~. ,-,,' ~"> ' .: '. fk( is ..9S-6"I,y' ? ;,~~8o -"-., ~I ~~ I ' 0{' ij- ~ 0.: 10 <0 '"1. Q <l... "!Ill -+too.~.j.os ~12~~-. ":... ~ 1_' ~I,~ .... . ':5 '.Q . --'--~'-~L t :<l~"""'" :1.. I' <t.: -------=------ -'.' , .',' ,c' ,', ~,~ S;,:aV.L89:ii.m~, '" , > /W1O<;~ ~ " '. ~~D gt\>~ ~~~ h...~ S. . ~~~D s' g~ " ~ ~ :4 rNGIfID. \ o ~ o ,- ~ "j a " ~ \1 ~ \ . ,> N ; ~l :'.':i. .':l; C'J ..(numJ. . <0 Date Received: JAN 2 7 2011 Original Submittal EXHIBIT B EXHIBIT~" Page ~ of-lli- I~ ".~ 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 (~ r. ......) 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 f "" I.' '. :.; ", ';' ,;" ( . _ " ~ _, ' ..,:i:. .[" ,: ;,. I F-":; I ' ., '. . EXHIBIT D Original Submittal EXHIBIT i1.." page.0L of JQ.. ,/ i! " , - ---I-__L__ " .................. _______ I ---__J "':.:_ ___ ---______ I c. I ------- ----hWE~Thm5~-==t~--i~--------- ---- " I I g I I ~~ - . L::"'-~'" .;"'_~~-: S04'40Vo"w 281..J0' . q::!1 . I.. , .........., l... ~\;~~ ..v, '~ I .& I........ -....;,).,. CO:<,o:>,c;' - ) "6' _t:l/V,......... . ~c:.;:' ~ .~~I,;>;> ~~ I ........ "',~~~ // ---- .#/. ./J' 'i,/ rV'i ........ ''- '/' --------' -:- NO",,",,~6'O/>. ',1",' '" / /.. c 5Th4' . ,\', ' ,",~>6" / / f,c' \\ /./1 " 'f> \ \. I \ \ 1 \ ' \ \ \ 1 \ \, \ 'dL0~ \: ..., --It /1 ~ 1d\l>' " " / / 1 -1' \ \, / I ~ \' .......- _/' '<e,"';i \ ---- /' I ~. \ \\., ~-_/- I '":" \~\\ , 1 --.l . ~' \. ' gCll\ \ '::\.QtIl">Vl~ ' j ~'(\- ~lIg,.:q- I / '" '\,'1l~ J " " "8J~g ______ '~" -- ~ -- ", ~---- ~ ,~> '- '" " ~~ \.., /gCll' ...... / 8~ '-. \ t;: I .............. t.:o ,."b '........ \~ ~'~~.- - -: - '~\t:;- -I' ".of' 02~' . t:>t-.. ~<'b' "' 'I ~t--i \ i I 1 I I I, I \ 1 I 1 1 1 I 1 J : i (. M' ~ ~. 0< ~~ '0. ~ ';l. ^. ~~>~:: '" .... o ... ~ .. ...;:,' . " 0' ~ ~~ M~'" ~ :x: ~, ~::r:: 0....... 'OtJj I--< >-:3 (1 ';l. "" '" ... ~ '" ffi;;.~~ '/i;J l..OO,;O.OOS I , I I ! ! ;:'l ;:'l ,Ii Iii ;:'l "" '" '" o '" SOO'()4 '00"[ JJ /.97' -.-.-.-.-.-.---.-.---.-----.--- ~1 o' o ~ ? S 0 OJ'56"[ 60.0" , GATEWAY ST '" '" '" '" ... EXHIBIT, E 0TIftll9: IInCUI w: UMl: co\lll'N (. I I I I I I I '1 I' I I I I I' 1M I~ I~ I....... .... LtlJ. "" I....... _1>-:3 >:;1 01 <::> I t::f I I, I ~~~g ~ L____~___~~~____ ~~ ;j...;' " , , , , , . , " NfJO'()4'02W 8/5.65' Original S ! . j bmittal :+z IDflH\3i'f 1l.Q1:' Page.llL of]L REVISIONS ~ _::.,:=~ <&"COEDEL ENGINEERING k SURVEYlNC ......-~ _~ 176Z'I'ut2Dd !U&'""'o. Orecon 117.02 """" ~.........~ ~.=..- ~"..ootL~ """..~ ,,-, Ml/667-~2 lWGlNEERING - SUJtVKYtt;G - PlAHN'ING