HomeMy WebLinkAboutApplication APPLICANT 4/21/2011
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Land Division Plat
Partition, Subdivision
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Com an :
Address:
D-Bar & Com an Construction, Inc.
790 30th Street, S rin field, OR 97478
Phone:
Fax:
741-0566
A licant Name: Dana Schulz
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A Iicant's Re .. Rex Betz, PLS
Com an :
Phone:
L'
746-0637
746-0389
Inc.
Fax:
Address:
310 Fifth Street, S rin field, OR 97477
Owner: Dana R. Schulz & Barbara A. Schulz
Phone:
Fax:
741-0566
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Address:
790 30th Street, S rin field, OR 97478
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ASSESSOR'S MAP NO: 17-02-31-22
1<=10
1335 2&h Street, S
5
TAX LOT NO S : 500
Acres ~ S uare Feet 0
Pro osed Name of Subdivision: Partition Plat for Dana R. Schulz and Barbara A. Schulz
Description of
Pro osal:
Existin Use:
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If you are filling in this form by hand, please attach your proposal description to this application.
To com lete the 3-lot Partition as iven tentative a roval on Feb. 12, 2009.
SuE>
Tentative Case #: :Ottt:2008-00054
# of Lots/Parcels: 3
Si natures: Please si nand
Associated A lications:
Pre-Sub Case No.: PR:fIl--00063
Date:
Reviewed b
Case No.:
A
o
TOTAL FEES: $
Pf\S Il-ocooq
Revised 1/1/08 Molly Markarian
1 of 6
nril'lln~1 submittal
Owner Signatures
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This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
Pre-Submittal
The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the
Pre- Submittal Meeting.
Owner:
Date:
Signature
Print
Submittal
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
OW7~_ Date, 15 ZEoli
Dana R. Schulz
Print
Date Received:
APR 2 f 2011
Original Submittal
Revised 1/1/08 Molly Markarian
2 of 6
D
Post Monumentatio~eposit as required for SUbdiViSi! only.
has current fee schedule and templates.
D Location of Any Floodways in accordance with SDC 3.3-400.
D Existing Easements Clearly Identified with Their Recorded Reference.
D New Easements and Reserve Strips Referenced in Owner Certificates of
Dedication and Purposes of Easements Identified on Plat.
City Survey Section
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NOTE: When, as part of the approval process, the application has been conditioned so that the
recordation of a document is required, the applicant shall be responsible for paying the Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right-of-Way.
Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
[gJ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. The application, technology, and postage fee~where applicable, are
collected at the time of complete application submittal. -,p Z8 ID,j~5
[gJ Land Division Plat Application Form
[gJ Two (2) Copies of the Deed
[gJ Two (2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
[gJ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp.
[gJ Copy of the Mylar on Bond Paper
[gJ Original arid Copy of all Required Documents with signatures where appropriate.
Date Received:
APR 21 2011
Original Submittal
Revised 1/1/08 Molly Markarian
6 of 6
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Fidelity National Title Company of Oregon
800 Willametle street. Suite 500, Eugene, OR 97401
(541)683-5422 FAX (541)344-4534
PRELIMINARY REPORT
ESCROW OFFICER: Susan Staale
TITLE OFFICER: Patty Smith
ORDER NO.: 460B004953-FTEUG03
4--2Q-11-Update fOf surveying purposee
TO: Fidelity National Tille of Oregon
Attn:
3007 North Delta Highway #206
Eugene, OR 91408
BUYER/BORROWER: Dana R. Schulz and Barbara A. Schulz,
PROPERTY ADDRESS: 30th SI.Commerca Pam & other uninsured collateral
Springfield, Oregon 97471
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EFFECTIVE DATE: April 18, 2011, 08:00 AM
REPORT ONLY
1.
2. THE ESTATE OR 1Nll:~ST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
A Fee
3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Dana R. Schulz and Bamara A. Schulz, as tenants by the entirety
4. THE lAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF SPRINGFIELD IN THE
COUNTY OF lANE, STATE OF O~GON. AND IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT 'ONE" ATTACHED HERETO AND MADE A PART HEREOF
Date Received:
APR 21 2011
FDOROZ1Z.rdw
Original Submittal
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MARCH 17,2009
BRANCH NO. OS.299D
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, SITUATED IN nm CITY OF sPRINQF1ELO, LANEcOtJNTY, STAlE OF .ORBOON' IN '
,THB NORTll'WEST 1/4 OF S~ON 31, TOWNSHIP 11 SOUTH. RANGE 2 WEST OF'." ....:.
nIB 'WlLLAMEITE MERIDIAN AND DESCRmEo AS FOlLows;
, BEJNO AIl. OF ~ LAND THAJ'WAS CO~~ TO ~ANA R.' sCuutz MID':'" .,:.
BARBARA A. SCHULZ AS "PARCEL 1" IN TIlAT'CERTAIN'WAAAANTY DEED THAT ' . ".
. WAS ~RDBD APRD.. 19, 2006 AT RECORDER'S NuMBER 20ll6-026813 IN nm. . . :
OFFICIAL RECORDS 'OP LANE COUNTY, STATE OF. OREGON. THE Plm!METBR" .'
,BOUNDARY OF SAID "PARCEL I" IS MORE PARTIcutA1u.Y D~ClUBBD.AS
FOLLO~: .' ,', ..., "
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BEGINNiNG AT' nm NORTIrWEST CORNER OP'AFOR.l:sAID "PARCEL I" AS SAm, ;.
POM LlSlfAT THE IN1'ER$C110N QF nm'NORTH LINE OF nm I.C..CAR.TER...
DONATION ~ CLAIM.Nw-mER '58, NpTIFlCATIO~ NUMBER748S;~ TOwNS,up . :.- ,: .
17 SOUTH. RANGB 2 WEST OF nm WJi.I,.AMETTE MElUDIAN, WITH THE auT LINE ':: . '.
'QF THE RlGH1'.oF-WA y. OF 1tIE WENDLING BRANCH OF TIlE SOUIllERN PAcIFic.. .' .'.
. , RAU..ROAD, WHiCH POINT OF BEGINNlNOALso $' ~oum '89"59'50" EAStll~.B5 ....'.
,. ,'FEET FROM 'mE DONATION LAND CLAIM'CORNER THAT IS CoMMON TO TIlE' ...,
INTBRlOR Bl.L CORNER OF SAlD l,e. CARTER OONATION LAND CLAIM NUMBER 58 .
AND Tfffi'SOt.1THwEsT CORNER OF P. toMBOY'S DONATION' LAND' CLAIM.' .
NUMBER SO.IN SEq\ON 31, ,TOWNSHn> 11 sou:i'H, .R'ANGE 2'WEST oti ~. , , . , ".,
WJLLAMETTE ~IAN; mENtE, LEAVING' SAm NORTHWBST':CO!tNER.'01,l. . ,: .
"PARCEL' i.... AND SAID roINT OP'BEOlN!oiINo.. SOUTOERLY ALONG:'l1m'WESt
'. . ~ OF SAID '~AR~'I" THB FOLLOWIl'J"O.ONE NtJMBEREIH::<lURSE: (1) AI:6~\l. .' ;.
: SAID EAST- LINE OF'mE RIOHT..QF-WA Y OF 11m WENDLING: BRANCH OF TIm"... ,. ~.
.SOUlHER:N PACIFIC "!WLRoAi>; 'SOUIll -OO~'4'" 'WEST 2SB.07' FRET to. THE. , ." .
, . .' '. SOUTHWEST ,coRNER. -OF SAID "Pricm.. 1~'; 1Hi:lNCE, ALONG '1lfii: soum LINEs'.," '
.. " ,OF'SAID "PARCEL t". THE FOLtbWING ~ Nm.nI~ GQURSES;. (2)' NQRTH .':,',.."
. . 80'41)'08,\. ,BAsT Z04.65 .FEET, (3). NORTH 76osCln" EASt'I02.69 rnBT, (4) sotrfif. . '. '..'. '
,71"02'56" EAST'IOS,!l4 t:EBT,'(Sl.SQU1'H W17'~ EAST IOU7FEET,'~(6).~~'. ':..'.: .':
, 72057'08" EAST'liM8 FEET to THE SOU'l'HBAST.CORNER: OF sAID "PARCBJ:.i,l";, .: ',,' ..
1'HENCE; ALONO'THB BAST LINES OF,sAII> "PARcBi.-E"'rHE FOLLOWINO:rwo: " " .
,NuMBEREo COURS.ES: (7) NO~nt 00"02'16".I\AST m.81'FEETTO A poiNt ON TH,E,.. '! ". ') . ,
'NORm LlNIlO~ SAIQ I.e. ClARTER)JONA1l.0NLAND CL.AIMNuMBElt.38;'AND,(S) ,'. . '.
NORTHOO"30'16'~WBST'S9.S4FEET,TOTHENOR.THEA$TCORNBROFS!JD':'PARcaJ.. .' ':,' .
.. I" AS SAlDPOINTMARKS APOlNT:OF,NON-TANOE1il't CURVATURETOTHBRIOlIT:': .' . .
TIIA T LIES ON A LINE, mAT IS i>.ARALLEi. WITH AND 2!l.OO FEET SOU1HER.L Y, BY . '.
:PERPBNDtcULAR.MEAsuREMENT FROM ,Tim' l'RBViOUSLY LOCAtED 'CEN1D: .. , .,
LINE OF THE WYB TRACK (NOTING THAt SAID'wYE rRACK HAS SINCE B~
sHIFTED BY SOU'fHERN PACIFIC iwLROAD AND lHAT THE.PRBvIOus'LOCATIOlf
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Date' Recejv.ed; ,,'..'~;
APR' 2 : 1.2pt1
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"""\A.I:I!!R.l.:IIu.r.u-
Original submittal
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. AS I;)ESCIUB~ IN.~ .'PARCBL.l....CONTROLS},;l'HENCE. ~NGnm NQR,1H' . ,'" ..
LINES OF sAID ""PARCEL I" AND ALON(H.AsT SAID 'p~ tJNE.l$:' .: . .
. Ft>1io~O"~ NtJMBBRED Cq~F.s: (9) ALoN(J.I.AsT SAID NO~.T~QBNt.: .'.~' '. .
. . cuRVE 'I'd nm RlOHT;,HAVlNG A RA.PWs. cEN'ttt mAT BBAJtS NORl'H 3!l.02~"' ," . '.
. BAsT 357.34PEBT A'CENTRAf.ANOUi"OF'OloSl'IS" AND A "dloRD'BW;iNo OF" . .,'
NORTH 50001 '.56" Wnsr 1l.s1.FEETi AN ARC DISTANCE OF 1l,s'f!lEE't TO 'ApOnrt :.' " ;. "
OFTANOENT),1NE; (10) ALONG SAID.'TAN'GENT UNE. NOkJlr4~"06; 11" ~. TSJ 1: :., . ,,' . ' .
FBETto A.POINT OF TANGENT. (;UR.vJ\Tl1RE TO 1'HB LEFT;'AND (11) ALO~ LAST::' .......
SAID TANGEH1':C;URVE TO.11JE LEFT. HAVINGAJ{APIUS. ~ THAT llEARS.' , , '.
'.' SOUTH-'40~S3'43~ wEST 311,34 .FEEf,'.A _CENTR.AL ANGLE 'OF 10'l"S~'23:'AND;A. '. .
CHORD llIWuNG.OF' sourn 76.55'31' 'W'EST 513.21 FEET,' AN ARC'DISTANc.B OF'.. . .
. 597.84 FBBt.'{o APDnrf OF N()~TANGENTIJN'B.l1IATLIES ON TijBAFOMsltlP : ..
'NORm:qNE; OP. THE. J.e.' ~TER. DONATION,,11\NP 'CUlM NflMijER. 58;: ~",
TImNCj3.; CON'rINTJING ALbNG SAlD NORm LlNE OF ''PARCEL I" ms FoLLOWING . '. : '. "
. oNinruMBErom COURSE:. (12) ALONG SA,lD'NORTIU.OOfC)F'1HBJ.p, CA1lTBR . '. ' . .
pONAll0N'I..AND CLAIM.. NUMBER' 58,:.NORm 890.59'50';' WEST '0,12 FEJ1j':" :. :.
:: RETiJRNiN'OTO''lliEPOlNTOFBEGIl'iNING.. :. ..... '.:. . .
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Originarsubmittal . . . '.
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Order No.: 4608004953-FTEUG03
AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS
FOLLOWS:
GENERAl.. EXCEPTIONS:
1. TaxeS or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; proceedings by a public agency
which may rasuh in taxes or as8$SIl1ents, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
2. Facts, rights, interests or claims which are not shown by the Public Records but which could be
ascertained by an inspection of the Land or by making inquiry of persons in po5SllSSion thereof.
3. Easements, ot claims of easement, not shown by the Public Records; reservations or exceptions in patents
or In Acts authorizing the issuance thereof; water righls, claims or title to water.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Trtle that
would be disclosed by an accurate and complete land survey of the Land. The tenn "encroachment"
Includes encroachments of existing improvements located on the Land onto adjoining land, and
encroachments onto the Land of existing improvements located on adjoining land.
5. Any lien for services, labor or materiel heretofore or hereafter fumished, or for contributions due to the
State of Oregon for unamployment compensation or worker's compensation, ImJl!)sed by law and not
shown by the Public Records.
SPECIFIC ITEMS AND EXCEPTIONS:
6. Intentionally deleted
7. City liens in favor of the City of Springfield, if any.
8. Rights of the public and governmental agencies in and to any porlion of said land lying lMlhin the
boundaries of streets, roads and highways.
9. Eesement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: A. O. Bush and Angela Bush
Purpose: Canals, headgates and flumes
Recorded: June 22, 1939, Recorder's No. 72351, Book 198, Page 484-485
Affects: Reference is made to said document for full particulars
10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Eugene-Springfield Lend & Water Company
Recorded: April 4, 1940, Book 202, Page 436
Date Received:
FOOR039O.rdw
APR 2 1 2011
Original Submittal
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Order No.: 4608004953-FTEUG03
11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: City of Springfield
Purpose: Electric transmission or distribution line
Recorded: Oc.1ober 19, 1950, Recorder's No. 30987, Book 425, Page 423-424
Affec;ts: Reference is made to said document for full particulars
12. Easement(s) for the purpose(s) shOwn below and rights inCidental thereto as reserved in
a document.
Reserved by: Weyerhaeuser TImber Company
Purpose: Poles and wires
Recorded: May 4, 1954, Recorder's No. 28883
Affec.1s: Reference is made to said document for full particulars
13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document. .
Granted to: H. e. Ellickson and B. T. Elliokson, a partnership doing business as
Agricultural Lime Distributing Company
Purpose: Right-of-way
Recorded: March 15,1955, Recorder's No. 51955
Affec.1s: Reference Is made to said document for full particulars
14. Matters contained in that certain document entitled "Improvement Agreement and
Application for Sewer Hookup", dated April 1, 1996. by and between City of Springfield
and James E. Holm, recorded April 1 , 1996, Recorder's No. 9620773.
Reference is made to said document for full particulars.
15. Matters contained in that certain document entitled 'Improvement Agreement and
Application for Sewer Hookup', dated April 10, 1997, by and between City of Sprlngfield
and Frank S. Frager. recorded April 11, 1997, Recorder's No. 9724689.
Reference is made to said document for full particulars.
16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
dooument.
Granted to: Springwood Inc., en Oregon Corporation
Purpos&: Sewer conneetlon with maintenance provisions
Recorded: May 2, 1997, Recorder's No. 9730034
Affects: Reference is made to said document for full particulars
17. Sanitary Sewer Easement and Agreement, recorded February 29,2008, #2008-011492.
18. A Line of Credit Deed of Trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount: $2,333,000.00
Dated: September 5, 2008
Grantor. Dana R. Sctlulz and Barbara A. Sctlulz, as tenants by the entirety
Trustee: Fidelity National Title Company of Oregon
Beneficiary: Siuslaw Bank
Recorded, September 9, 2008, Recorders No. 2006-050799
Date Received:
FDOR0390.rdw
APR 21 2011
{);'j[J ...;'.~./; ;~~I.i~IYIWL~L_,_,.,,__
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Order No.: 4eo800495J.FTEUG03
19. Art assignment of aU the monies due, or to become due, as Rents, as additional security
for the obligations s8OUl1lll by deed of trust
Assigned to: Sluslaw Bank
By Asslgmnent
Recordecl: September 9, 2008, Recorder's No. 2008-050800
20. A financing statement recorded in the Office of the County ReCOrder, showing
Debtor: Dana R. Schull: and Barbera A. SchUlt
Secured party: Siuslaw Bank
Rerorded: September 9, 2008, Reoorder's No. 2008-050803
Includes Additional Property
21. Personal pmpertytaxes. ifany.
22. Leases and/or tenancies, if any.
END OF ITEMS AND EXCEPTIONS
NOTES:
A. YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT
CLOSING. LEGAL CONSEQUENCES FOllOW FROM THE SELECTION AND USE OF THESE
DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU
MA Y CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN
ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR
ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT
YOU HAVE NOT YET SEEN. PLEASE CONTACT THE eSCROW AGENT.
Note: Arty documents being executed in conjunction with this transaction must be signed In the
presence of an authotlzed employee of an agent, an authorized employea of the Insured lender, or
by using Bancserv or other approved third-party service. If the above requirements cannot be met,
please call the company at the number provided In this report.
B. Note: Property taxes for the fiscal year shown below are paid in full.
Fiscal Year: 2010-2011
Amount $18,571.28
Levy Code: 19-00
Account No.: 0119204
Map No.: 17 02 31 3300500
C. There are no judgments of I'9COrd ageinst Dana R. Schulz or Barbara A. Schu~
D. There are no tax liens of record against Dana R. Schull: or Barbara A. Schul2:.
E. This report is being updated for surveying purposes
Date Received:
FDOR03\lO.rdw
APR 21 2011
Original Submittal
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AFTER RECORDING RETUF.N TO
ADELrrV NATIO AL TITLE INSURANCE
COMPA OF OREGON
BOO WIL ETTE ST.. #500
EUGE E, OR 97401
1]_02.31_22_00500.1700,2001,4900
Ale 11920.n9329, 119360.1692688
ReCORDING REQUESTED By.
FloElITY NATIONAL Tm.f COMPANY OF OREGON
GRANTOR'S NAME
Peter J. Kryl. Mirka Y. Krvl. Peter J. Kryl as Custodian
for Renee Liana Krvl. Mirlor and Pavel Kryl
GRANTEE'S NAME
Dana R. Schulz and Barbara Schulz
2006-026813 '
~lIl11lmlllllllllllllll~lllmlllllln\III~1 $41,00
1107991052006110268130040042 04/19/2006 02:55:55 Prt
RPR~ Cnt=t Sln=1 CASHIER Q2
$20.00 $11.00 $10.00
I
Division af Chl.' D.,uly Clerk
La". Catmt.V 0.._ .nd ~.c:ords
SEND TAX STATEMENTS To:
Mr. and Mrs, Dana R. Schulz
79540 Oaya St.
la Guinta, CA 92253
AFTER RECOROING RETURN TO:
Mr. and Mrs. Dana R. Schulz
SJ1Al;t. AtsO\lt:: IHI~ UNE!-OR HI::l,;OfID!:H ~ USE
STATUTORY WARRANTY DEED
. . .
PETER J. KRYL MIRIA Y. KRYL" PETER J. KRYl AS CUSTODIAN FOR RENEE LIANA kRYl, A MINOR AND PAVEL
KRYL, Grantor, conveys and warraMS to
Dana R. Schutz and BarJSchulz, as tenants by the entirety
Grantee, the following described real property, free and c1eaf of encumbrances except as specifically set forth below,
situated in the County of lane. State of Oregon,
SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF
Subject to and-excepting:
Covenants, condition$. restrictions. easaments, agreements of .record.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TiTlE SHOULD INQUIRE
ABOVTTHE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 fBAlLOT MEASURE 37 (2004lt.
THIS INSTRUMENT DOES NOT AllOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION
OF APPUCABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY UMJTS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BAllOT MEASURE 37
(200411, P;k IC-~
" d--'1o;;C-OO.OU h I{l<.... IPk'J- \Ill
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS I' '0",000.00" ISee ORS 93.D301 .
-THE TRUE CONSIDERATION FOR THIS CONVEYANCE IS PURSUANT TO AN IRe TAX DEfERRED EXCHANGE ON
BEHALF OF THE GRANTEE AND THE GRANTOR
A0-i \ lq I :2COv>
pet!1i~ y
1':::!.:-K~ t;~!. 7/,f.fo^,) Y Poll
Pe&. ') '-\i? <<s w...~.." /.o~ ;4"".. L
Peter J. Kt'YI, Custodian for 1/,- 12
Renee Liana Kryl, a minor V'-- ~ ~
p~S K~lfv ~., ~~JP Po/f
DATED: March 31. 2006
STATE OF OREGON
COUNTY OF LANE
This instrument was acknowledged before me on
Date Received:
by PETER J. KRYl. Mifka Y. Krvl bv Peter J. KrvI,POA,
Peter J. Krvl Custodian for Renee Liana Krvl. minor and
Pavel K~te' J. Krv~ POA
'AIr
NOTARY PU8LJC FOR OREGON
MY COMMISSION EXPIAES:
!.
APR 2 I 2011
. brnCLALSEAl
S STEELE
/ NOTAR\' PUG:";: - 8REGON
COMMISSION NO. 310018
MYCOWOSSlONEXPl~SAUG.:!(l.2OOT I
Original Submittal
FORO-313 iR~v 21961
1"..wd9",d.wpdllI2-0S1
STAruTORY WA.RRANTY DEED
5"S, I D'6Q"C7 . 3/4'"
"-, ---
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Order No. 02-108987-46
EXHIBIT "ONE"
PARCEL 1:
Beginning at the intersection of the North line of the J..C. Carter Donation Land Claim No. 58,
Notification No. 7485, in Township 17 South, Range 2 West of the Willamette Meridian, with'
the East line of the right-of-way of the Wendling Branch of the Southern Pacific Railroad;.
thence South 890 38' East 566 feet; thence South 00 21' West 300 feet; thence North 72 0
39' West 68.6 feet; thence North 63050' West 108.9 feet; thence North 720 45' West
105.85 feet; thence South 770 28' West 1 02.7feet; thence South 800 59' 30" West 203.93.
feet; thence North 0022' East 258 feet to the Place of Beginning, in Lane County, Ore90n;
ALSO: Beginning at a Point in the South line of Donation Land Claim No. 80,591.37 feet East
of the Southwest corner of said Donation land Claim, said point also being in the Southerly
line of the land described in deed from Weyerhaeuser Timber Company to Southern Pacific
Company dated November 25, 1953, recorded on Reel No. 37-540, May 4, 1954, Lane.
County Oregon Deed Records; thence North 10 47' 30" East, continuing along said Southerly'
line, 10.35 feet to a point; thence Northwesterly, continuing along said Southerly line, on a
curve to the right having a radius of 746.34 feet (tangent to said curve bears North 720 58'
53" West and chord of said curve bears North 590 52' 31" West 338.48 feet) and arc
distance of 341.30 feet to a point; thence Easterly, along a line concentric with and distant
20 feet measured radially from the located center line of the wye track on a curve to the right
having a radius of 317.34feet (tangent to said curve bears North 69051' 57" East and chord
of said curve bears South 780 40' 03" East 331.31 feet) an arc distance of 348.56 feet to
a point; thence South 470 12' 03" fast 75.11 feet to a point; thence Southeasterly on a
curve to the left having a radius of 357.34 feet (tangent to said curve at last mentioned point
in last described course and chord of said curve bears South 480 07' 04" East 11 .44 feet! an
arc distance of 11.44 feet to a point; thence South 10 47' 30' West 59.62 feet to a point in
the South line of Donation Land Claim No. 80; thence North 880 05' 36" West, along said
South line of Donation Land Claim No. 80, 94.22 feet to the Point of Beginning, in lane
County, Oregon;
ALSO: Beginning at the Point of intersection of the South line of said Donation Land Claim
No. 80 with the Easterly fine of a strip of land 100 feet to width conveyed by Pressley
Comegys and wife to Southern Pacific Company by a deed dated August 22, 1899, and
recorded in Book 47, Page 498, Lane'County Oregon Deed Records, said Point of Beginning
being 120.00 feet East of the Southwest corner of said Donation Land Claim; thence South
88005' 36" East along said South line for a distance of 471.4 feet, more or less, to a iron
pipe at the Southeast corner of said tract conveyed to the Grantor herein by said deed dated
February 20, 1947; thence North 1047' 30" East along the East line of said last mentioned
tract for a distance of 10.35 feet to a point which is 30 feat Southwesterly, measured radially,
from the center line of the existing railroad, said point being the point of tangency of a 746.34
foot radius curve with a line bearing North 72044' 53" West; thence Northwesterly aiong said
curve to the right (the chord of said curve bears North 48031' 00" West 612.60 feet) parallel
to the center line of said railroad for an arc distance of 631.25 feet, to a point on the Easterly
line of Southern Pacific Company's said strip; thence South 10 47' 30" West along said
Easterly line for a distance of 400.65 feet, more or less, to the Point of Beginning, in lane
County, Oregon;
EXCEPTING THEREFROM: Beginning at an iron pipe at the point of intersection of the South
line of Donation Land Claim No. 80 with the Easterly line of a strip of land 100 feet in width
conveyed by Pressley Comegys and wife to Southern Pacific Company by deed dated August
22, 1899 and recorded in Book 47, Page 498, lane County Oregon Deed Records; thence
North 10 47' 30" East 400.65 feet to a point in the Southerly line of the land described in
deed from Weyerhaeuser Timber Company to Southern Pacific Company dated November 25,
1953, recorded on Reel 37-54D, May 4,1954, Lane County Oregon DE>l<d_~~"f'\ds' thence.
Southeasterly, along a line concentric with and distant 30 feet measUllJateim~GeJ,VIil~.
APR 2 1 2011
Original submittal
:,
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Order No. 02-108987-46
original located center line, on a curve to the left having a radius of 746.34 feet Itangent to
said curve bears South 24009' 33" East and chord of said curve bears South 350 09' 33"
East 288.57 feet) and arc distance of 290.40 feetto a point; thence Southwesterly on a curve
to the left having a radius of 314.34 feet (tangent to said curve bears South 69" 52' 00"
West and chord of said curve bears South 470 21' 49" West 242.91 feetl an arc distance of
249.27 feet to the Point of Beginning, in Lane County. Oregon.
PARCEL 2:
Beginning at a Point in the center of County Road No. 221, said point being on the West line
of the J. C. Carter Donation Land Claim No. 58, Township 17 South, Range 2 West of the
Willamette Meridian, 3176.3 feet North O? 05' East from the intersection of the North line of
the McKenzie Highway with the West line of said Donation Land Claim; running thence South
890 44' East 340 feet to the West right-of-way line of the Wendling Branch of the Southern
Pacific Railroad; thence South 00 05' West along said right-of-way line 125 feet; thence North
89044' West 25 feet; thence North 00 05' East 100 feet; thence North 890 44' West 315
feet to the center of said County Road; thence North 00 05' East 25 feet to the Place of
Beginning, in Lane County, Oregon;
EXCEPTING that portion described in that deed to the City of Springfield, recorded March 15,
1961, Reception No, 26150, Lane County Oregon Deed Records.
PARCEL 3:
Beginning at a Point 260.0 feet South 890 44' East of a point in center of 28th Street in
Springfield 3151.5 feet North 00 05' East from the intersection of the" North line of the
McKenzie Highway with the West line of the J. C. .Carter Donation Land Claim 'No."58,
Township 17 South, Range 2 West of the Willamette Meridian, running from saId beginning
point South 890 44' East 14.0 leet; thence South 0005' West 100.0 feet; thence North 8go
44' West 14.0 feet; thence North 00 05' East 100.0 feet to the Point of Beginning, in Lane
County, Oregon;
ALSO: Beginning at a Point 260.0 feet South 890 44' East of a point in center of 28th Street
in Springfield 3151.5 feet North 0" 05' East from the intersection of the North line of the
McKenzie Highway with the West line of the J. C. Carter Donation Land Claim No. 58,
Township 17 South, Range 2 West of the Willamette Meridian, running from said beginning
point South 0" 05' West 100.0 feet; thence North 890 44' West 110.0 feet; thence North
0005' East 100.0 feet; thence South 890 44' East 110.0 feet to the Point of Beginning, in
Lane County, Oregon. "
Parcel 4:
60 foot easement for roadway as created by document recorded August 6, 1945, Book 293,
Page 606 & 607, along the easterly line of the following described property:
Tract A, JEFF PARKER SUBDIVISION, as filed and recorded September 9, 2002, Reception
No. 2002-069738, Official Records of Lane County, Oregon.
Parcel 5:
Easement for access, ingress, egress, improvement and maintenance as created by document
recorded March 30, 2006, Reception No. 2006-021596, Official Records of Lane County,
Oregon, described as follows:
Beginning at the Southwest corner of Tract "S" of the JEFF PARKER SUBDIVISION, as platted
and recorded in Reception Number 2002-069738,Lane County Oregon Deed Records, and as
shown in Lane County Survey File Number 37695, said point being on the Northerly right of
way of Commercial Street, said point also being 30.00 feet from, when measured at right
angles to, the centerline of said Commercial Street; thence following along ~~~r~~roed:
Oriainal Submittal
-,
,
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"
.
Order No. 02-108987-46
way of said Commercial Street, along the arc of a 230.00 foot radius curve to the right, an
arc length of 65.94feet (the chord of which bears North 630 14' 28" East 65.72 feet); thence
leaving said North right of way and running' North 21002' 14" West 66.98 feet to a point of
curvature; thence following along a 100,00 foot radius curve to the right, an arc length of
36.69 feet (the long chord of which bears North 10" 31' 32" West 36.49 feet to a point of
tangency; thence following along a line parallel with and 28.00 foot offset from the Westerly
boundary of said Tract "B", North 000 00' ,50. West 62.03 feet; thence leaving said parallel
line, South 89" 59' 10" West 28.00 feet to a point on the Westerly boundary of said Tract
"B"; thence following along the Westerly boundary Of said Tract "B" South 00" 00' 50" East
190,00 feet to the Point of Beginning, air within said Tract "B", Section 31, Township 17
South, Range 2 West of the Willamette Meridian, Lane County, Oregon,
Date Received:
APR 2 I 2011
Original Submittal
.x
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.
Recorded at the request of and
after recording, return to:
Branch Engineering Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
BETWEEN:
Dana R. Schulz and Barbara A. Schulz
(Schulz)
AND:
Hyland Business Park, LLC,
an Oregon limited liability company
(Hyland)
EFFECTIVE
DATE:
The latest date this agreement is signed by the parties.
The true consideration for this declaration is O.~ ey ilvw' v\lV'Vll::- tC{ '-<.j
\
RECITALS
A. Schulz is the owner of the real property described on attached Exhibit A (Schulz
Property.)
B. Hyland is the owner of the following real property (Hyland Property):
Tracts "A" and "B", JEFF PARKER SUBDIVISION, as filed and recorded
September 9,2002, Reception No. 2002-069738, Official Records
of Lane County, Oregon.
C. Tract A is currently burdened with a 60-foot easement for roadway along its easterly line,
as created by a document recorded August 6, 1945, Book 293, Page 606 and 607 (Existing
Easement). The Existing Easement is appurtenant to and benefits the Schulz Property.
D. Schulz and Hyland desire to terminate the Existing Easement and create a new easement.
over the portion of the Hyland Property described in attached Exhibit B and shown on attached
Exhibit C (New Easement Area).
Date Received:
APR 21 2011
t'1riginAI submittal
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
. Page I of8
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GRANT OF EASEMENT AND AGREEMENT
1. Grant of New Easement. Hyland hereby grants a perpetual, non-exclusive easement for
the benefit of the Schulz Property, over and across the New Easement Area on the Hyland
Property (New Easement).
2. Termination of Existin!! Easement. Schulz hereby releases and terminates the Existing
Easement.
4. Pnrpose of New Easement. The purpose of the New Easement is to provide access,
including both ingress and egress, over the across and New Easement Area to Commercial
Avenue and for the installation of utilities for the benefit of the Schulz Property.
5. Roadway. Schulz has constructed a roadway within the New Easement Area, to City of
Springfield standards and requirements.
6. Hyland's Use. Hyland shall have the right, for the benefit of the Hyland Property, to use
the roadway constructed by Schulz within the New Easement Area and to install utilities in the
New Easement Area.
7. Maintenance. The roadway constructed by Schulz within the New Easement Area shall
be maintained by Schulz and Hyland in proportion to use by the Schulz Property and the Hyland
Property; provided any damage caused to the roadway by either party, or their respective
employees, agents, contractors, occupants or invitees, shall be repaired by that party.
8. New Easement Runs With Land. The New Easement shall be appurtenant to the
Schulz Property, shall run with the land, shall be binding upon Hyland and Hyland's successors
and assigns, and shall inure to the benefit of Schulz and Schulz's heirs, personal representatives,
successors and assigns, including successors in interest to title to the Schulz Property.
9. Attorney Fees. In any proceeding to enforce or interpret this agreement, the prevailing
party shall be entitled to recover from the losing party reasonable attorney fees, costs, and
expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other
proceeding and in any appeal or review.
10. Modification. No modification of this agreement shall be valid unless it is in writing and
is signed by all of the parties.
11. Inte!!ration. The agreement is the entire agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained in this agreement. This
agreement shall supersede all prior communications, representations, and agreements, oral or
written, of the parties.
Date Received:
APR 2 1 2011
Original Submittal
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIV ATE UTILITY
EASEMENT AND AGREEMENT
Page 2 of8
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12. Interpretation. The paragraph headings are for the convenience of the reader only and
are not intended to act as a limitation on the scope or meaning of the paragraphs themselves. This
agreement shall not be construed against the drafting party.
13. Severability. The invalidity of any term or provision of this agreement shall not affect
the validity of any other provision.
14. Waiver. Waiver by any party of strict performance of any provision of this agreement
shall not be a waiver of or prejudice any party's right to require strict performance of the same
provision in the future or of any other provision.
15. Governin!! Law. This agreement shall be interpreted and enforced according to the laws
ofthe state of Oregon.
16. Counterparts. This agreement may be executed in multiple counterparts, each of which
shall constitute one agreement, even though all parties do not sign the same counterpart.
17. Exhibits. All exhibits referred to in this agreement are incorporated by reference.
Hyland
Hyland Business Park, LLC
d
,
)
!~
B~ IdvA/
Member r:-~
(,
(notary acknowledgements on following page)
Date Received:
APR 21 2011
Original Submittal
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 3 of8
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STATEOF (),(l!...'2pf"\
County of l JJ... Y'> Q.......
)
) SS
)
This instrument was acknowledged before me on this \ 'S\- \-. day of \=\ I;( (" \ \
2011 by Dana R. Schulz and Barbara A. Schulz.
.
OFFICIAL SEAL
ANANDA R SHERWOOD
NOTARY PUBUC-OREGON
COMMISSION NO. 454696
MY COMMISSION EXPIRES DECEMBER 21, 2014
O~~
'"-"'-~
Notary Public-State of 0 I( ~ ~o r--...
~~....:;.-";
STATE OF OREGON )
) SS
County of Lane )
This inst~ent was a~ledged before me on this / f .day of (ji/Li.(
2011 by . t/lU.1U f !L1:-Ij as member of Hyland Busmess Park, rLC.
~1!~ Ng~A~~~~~~~~~~~~~N
t \0!..f}jf!) COMMISSION NO. 420502
,M.'0;.QMMISSION EXpiRES ~TOB~R 11 2011
S_:>.-!"C~=~~~~~~~
~rylA.~V'v~
Public-State of Oregon
Date Received:
APR 21 20lf
Original Submittal
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 4 of8
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EXHIBIT "A"
Schulz Property
SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN
THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE
WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS:
BEING ALL OF THE LAND THAT WAS CONVEYED TO DANA R. SCHULZ AND
BARBARA A. SCHULZ AS "PARCEL I" IN THAT CERTAIN WARRANTY DEED THAT
WAS RECORDED APRIL 19, 2006 AT RECORDER'S NUMBER 2006-026813 IN THE
OFFICIAL RECORDS OF LANE COUNTY, STATE OF OREGON. THE PERIMETER
BOUNDARY OF SAID "PARCEL I" IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF AFORESAID "PARCEL I" AS SAID
POINT LIES AT THE INTERSECTION OF THE NORTH LINE OF THE J.C. CARTER
DONATION LAND CLAIM NUMBER 58, NOTIFICATION NUMBER 7485, IN TOWNSHIP
17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, WITH THE EAST LINE
OF THE RIGHT-OF-WAY OF THE WENDLING BRANCH OF THE SOUTHERN PACIFIC
RAILROAD, WHlCH POINT OF BEGINNING ALSO LIES SOUTH 89059'50" EAST 119.85
FEET FROM THE DONATION LAND CLAIM CORNER THAT IS COMMON TO THE
INTERIOR ELL CORNER OF SAID lC. CARTER DONATION LAND CLAIM NUMBER 58
AND THE SOUTHWEST CORNER OF P. COMEGY'S DONATION LAND CLAIM
NUMBER 80 IN SECTION 31, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE
WILLAMETTE MERIDIAN; THENCE, LEAVING SAID NORTHWEST CORNER OF
"PARCEL 1", AND SAID POINT OF BEGINNING, SOUTHERLY ALONG THE WEST LINE
OF SAID "PARCEL I" THE FOLLOWING ONE NUMBERED COURSE: (I) ALONG SAID
EAST LINE OF THE RIGHT-OF-WAY OF THE WENDLING BRANCH OF THE
SOUTHERN PACIFIC RAILROAD, SOUTH 00009'47" WEST 258.07 FEET TO THE
SOUTHWEST CORNER OF SAID "PARCEL I"; THENCE, ALONG THE SOUTH LINES OF
SAID "PARCEL I" THE FOLLOWING FIVE NUMBERED COURSES: (2) NORTH
80040'08" EAST 204.65 FEET, (3) NORTH 76056'23" EAST 102.69 FEET, (4) SOUTH
73002'56" EAST 105.84 FEET, (5) SOUTH 64017'40" EAST 108.87 FEET, AND (6) SOUTH
72057'08" EAST 68.48 FEET TO THE SOUTHEAST CORNER OF SAID "PARCEL I";
THENCE, ALONG THE EAST LINES OF SAID "PARCEL I" THE FOLLOWING TWO
NUMBERED COURSES: (7) NORTH 00002'16" EAST 299.81 FEET TO A POINT ON THE
NORTH LINE OF SAID J.C. CARTER DONATION LAND CLAIM NUMBER 58; AND (8)
NORTH 00030'16" WEST 59.54 FEET TO THE NORTHEAST CORNER OF SAID "PARCEL
I" AS SAID POINT MARKS A POINT OF NON-TANGENT CURVATURE TO THE RIGHT
THAT LIES ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHERLY, BY
PERPENDICULAR MEASUREMENT FROM THE PREVIOUSLY LOCATED CENTER
LINE OF THE WYE TRACK (NOTING THAT SAID WYE TRACK HAS SINCE BEEN
SHIFTED BY SOUTHERN PACIFIC RAILROAD AND THAT THE PREVIOUS LOCA nON
AS DESCRIBED IN SAID "PARCEL I" CONTROLS); THENCE, ALONG THE NORTH
LINES OF SAID "PARCEL I" AND ALONG LAST SAID PARALLEL LINE THE
FOLLO\VlNG THREE NUMBERED COURSES: (9) ALONG LAST SAID NON-TANGENT
CURVE TO THE RIGHT, HAVING A RADIUS CENTER THAT BEARS NORTH 39002'25"
Date Received:
DECLARATION OF 1
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE U~rBIh~ 2011
EASEMENT AND AGREEMENT
Original submittal
Page 5 of8
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EAST 357.34 FEET, A CENTRAL ANGLE OF 0]05]']8" AND A CHORD BEARlNG OF
NORTH 50001 '56" WEST] 1.57 FEET, AN ARC DISTANCE OF ]] .57 FEET TO A POINT
OF TANGENT LINE; (10) ALONG SAID TANGENT LINE, NORTH 49006']7" WEST 75.11
FEET TO A POINT OF TANGENT CURVATURE TO THE LEFT; AND (I]) ALONG LAST
SAID TANGENT CURVE TO THE LEFT, HAVING A RADIUS CENTER THAT BEARS
SOUTH 40053'43" WEST 317.34 FEET, A CENTRAL ANGLE OF 107056'23"AND A
CHORD BEARING OF SOUTH 76055'3]" WEST 513.27 FEET, AN ARC DISTANCE OF
597.84 FEET TO A POINT OF NON-TANGENT LINE THAT LIES ON THE AFORESAID
NORTH LINE OF THE J.e. CARTER DONATION LAND CLAIM NUMBER 58; AND
THENCE, CONTINUING ALONG SAID NORTH LINE OF "PARCEL I" THE FOLLOWING
ONE NUMBERED COURSE: (12) ALONG SAID NORTH LINE OF THE J.C. CARTER
DONATION LAND CLAIM NUMBER 58, NORTH 89059'50" WEST 0.12 FEET
RETURNING TO THE POINT OF BEGINNING AND CONTAINING 5.00 ACRES MORE
OR LESS.
Bearings as called above are based on those shown on the survey by Rex A. Betz that was ti]ed
Apri] 20, 2006 as CSF No. 39778 in the Office of the County Surveyor of Lane County, State of
Oregon.
END OF EXHIBIT "A"
REGISTERED
PROFESSIONAL
LAN SURVEYOR
OJ,
OREGON
JULY20,1993
REXA. BETZ
)J2. ElfY. tZ-/31/ZV/(
Date Received:
APR 2 1 2011
Original Submittal
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 6 of 8
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EXHIBIT "B"
Description of New Easement Area
SITUATED in the City of Springfield, Lane County, State of Oregon in the Northwest 1/4 of
Section 31 in Township 17 South, Range 2 West of the Willamette Meridian and described as
follows:
BEING contiguous portions of Tracts "A". and "B" of the Jeff Parker Subdivision as platted and
recorded September 10, 2002 in the Plat Records of Lane County, State of Oregon; the perimeter
of said portions being more particularly described as follows:
BEGINNING at the southwest comer of said Tract "B" as said point lies on the northwest
margin of the transition between Commercial Avenue and 30th Street as said comer and streets
are shown on said plat; THENCE, leaving said POINT OF BEGINNING and along said
northwest margin and southeast line of said Tract "A", along a curve to the left, having a radius
center that bears SOUTH 350 01' 55" EAST 230.00 FEET, a central angle of 030 59' 47" and a
long chord of SOUTH 520 58' II" WEST 16.04 FEET, an arc length of 16.04 FEET to a point of
non-tangent line; THENCE, crossing said Tract "A", NORTH 10021' 14" WEST 61.58 FEET to
a point on the north line of said Tract "A"; THENCE, along said north line, SOUTH 720 57' 08"
EAST 25.00 FEET to the most northeasterly comer of Tract "A" as said comer lies on the west
line of aforesaid Tract "B"; THENCE, along said west line of Tract "B", NORTH 000 02' 16"
EAST 84.00 FEET to a point; THENCE, perpendicular to last said west line and crossing into
said Tract "B", SOUTH 890 57' 44" EAST 22.00 FEET to a point on a line that lies parallel with
and 22.00 feet easterly, by perpendicular measurement, from said west line of Tract "B";
THENCE, along said parallel line, SOUTH 000 02' 16" EAST 89.27 FEET to a point;
THENCE, leaving said point, SOUTH240 01' 16" EAST 21.94 FEET to a point of non' tangent
curvature to the left that lies on the aforesaid north margin of the transition between Commercial
A venue and 30th Street; and THENCE, along said north margin and curve to the left, having a
radius center that bears SOUTH 260 04' 07" EAST 230.00 FEET, a central angle of 080 57' 48"
and a long chord of SOUTH 590 26' 59" WEST 35.94 FEET, an arc length of 35.98 FEET
RETURNING to the POINT OF BEGINNING and CONTAINING 3,721 Square Feet (0.09
acres) more or less.
Bearings as called above are based on those shown on the survey by Rex A. Betz that was filed
April 20, 2006 as CSF No. 39778 in the Office of the County Surveyor of Lane County, State of
Oregon.
END OF EXHIBIT "B"
APR 21 2011
~_ r___
, REGISTERED
PROFESSiONAL
LAN SURVEYOR
U
OREGO
JULY 20,1993
REXA. BETZ
Date Received:
Original submittal
j.Jc. EYfl 1z.I-''>I/2011
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIV ATE UTILITY
EASEMENT AND AGREEMENT
Page 7 of8
REGISTERED
PROFESSIONAL
LAND SURVEYOR
~ ~~//
OREG'
JULY 20, 1993
REX A. BETZ
#2606
EXPIRES: December 31, 2011
.
.
EXHIBIT "C"
Diagram of New Easement Area
GRAPHIC SCALE
30
I
15
I
o
I
( IN FEET )
'--..
"-..
--....
SCHUU PROPERTY
17-02-31-22, TL 500
"-
"-..
"-..
'--./
--....
Sc:
4cc<" is'u<,<
Ss Ir.
'4;-
HYLAND PROPERTY
17-02-31, TL 4900
TRACT 'f\'
JEFF PARKER
SUBDIVISION
R=230.00
11=03'59'47"
L=16.04
CH=S52'58'11 "W
16.04
/
"Jf;j%
A-<v0
/9"
/
30
I
60
I
HYLAND PROPERTY
17-02-31, TL 5000
TRACT "B"
JEFF PARKER
SUBDIVISION
SCALE: 1"= 30'
NEW PRIVATE ACCESS
r0 EASEMENT AREA
" &
.~ PRIVATE UTILITY EASEMENT
;:.
<0
R=230.00
/1=08'57'49"
L=35.98
CH=S59'26'59"W
35.94
--
/'
ceived:
APR 2 1 2011
Original Submittal
DECLARA nON OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 8 of8
'.f
E)
F)
G)
H)
I)
J)
K)
Recorded at the request of and .
after recording return to:
.
)<
Branch Engineering Inc.
310 Fifth Street
Springfield, OR 97477
DE CLARA TION OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) DANA R. SCHULZ AND BARBARA A. SCHULZ, Grantors, are the owners of the land that is
described as Parcel I in that Statutory Warranty Deed that was recorded April 19, 2006 at Recorder's
Number 2006-026813 in the Official Records of Lane County, State of Oregon.
2) The owners are dividing said Parcel 1 into three parcels as shown on Land Partition Plat No. 20 lI-
P as partitioned and recorded , 2011 in Lane County Oregon
Partition Plat Records and given Recorder's Number 2011- in the Official Records of
Lane County, State of Oregon.
3) The owners desire to create easements and define maintenance responsibility on certain areas for the
benefit of future owners of the parcels as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRN A TE ACCESS AND PRIVATE UTILITY EASEMENT over that certain area designated as
"EASEMENT A" on said partition as said easement lies in Parcels I and 3 and benefits Parcels 1, 2 and 3
for joint use private access and private utility purposes.
Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRN A TE UTILITY EASEMENT over that certain area designated as "EASEMENT B" on said partition
as said easement lies in Parcel 1 and benefits Parcels I, 2 and 3 for joint use private utility purposes.
Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRN A TE ELECTRIC AND TELECOMMUNlCA nONS EASEMENT over that certain area designated
as "EASEMENT C" on said partition as said easement lies in Parcel 1 and benefits Parcels I, 2 and 3 for
joint use private electric and telecommunications purposes.
Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRN A TE ELECTRIC AND TELECOMMUNlCA nONS EASEMENT over that certain area designated
as "EASEMENT D" on said partition as said easement lies in Parcel I and benefits Parcels I, 2 and 3 for
joint use private electric and telecommunications purposes.
Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRN A TE UTILITY EASEMENT over that certain area designated as "EASEMENT E" on said partition
as said easement lies in Parcel 3 and benefits Parcels 1, 2 and 3 for joint use private utility purposes.
Easement Created: GRANTORS hereby create a perpetual 5.00-FOOT WIDE JOINT USE
PRNATE FIRE LINE EASEMENT over that certain area designated as "EASEMENT F" on said
partition as said easement lies in Parcel 3 and benefits Parcels 1, 2 and 3 for joint use private fire line
purposes.
Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRN A TE STORM DRAINAGE EASEMENT over that certain area designated as "EASEMENT G" on
said partition as said easement lies in Parcels 1 and 3 and benefits Parcels 1, 2 and 3 for joint use private
storm drainage purposes.
Easement Created: GRANTORS hereby create a perpetual 5.00-FOOT WIDE JOINT USE
PRN A TE FIRE LINE EASEMENT over that certain area designated as "EASEMENT H" on said
partition as said easement lies in Parcel I and benefits Parcels I, 2 and 3 for joint use private fire line
purposes.
Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRNATE STORM DRAINAGE EASEMENT over that certain area designated as "EASEMENT I" on
said partition as said easement lies in Parcel 2 and benefits Parcels 1, 2 and 3 for joint use private storm
drainage purposes.
Easement Created: GRANTORS hereby create a perpetual V ARlABLE WIDTH JOINT USE
PRN A TE FIRE LINE EASEMENT over that certain area designated as "EASEMENT J" on said
partition as said easement lies in Parcel 2 and benefits Parcels I, 2 and 3 for joint use private fire line
purposes.
Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRN A TE UTILITY EASEMENT over that certain area designated as "EASEMENT K'" on said
partition as said easement lies in Parcel and benefits Parcels 1, 2 and 3 for joint use private utility
purposes.
B)
C)
D)
Date Received:
DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT
APR 2 1 2011
Page 1 of 4
Original submittal
.
M)
N)
0)
P)
Q)
R)
.
.
L)
Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH EXCLUSIVE
PRIVATE PARKING EASEMENT over that certain area designated as "EASEMENT L'" on said
partition as said easement lies in Parcel I and benefits Parcel 2 for private parking purposes.
Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not allow the
placement of private utilities within any Public Utility Easement.
Use of the Burdened Property: The owners or occupiers of the parcels affected by these easements shall
have the right to use their property, including the areas described as the easements, for any purpose as
long as the owners or occupiers do not interfere with the use of the easements as granted by this
instrument. No vehicle parking or storage of vehicles shall be allowed by any party within "EASEMENT
A", including the agents, employees, tenants, and invitees of said owners.
Maintenance and Repairs: The cost of any maintenance or repair of the paved area within
"EASEMENT A" shall be split equally between the owners of Parcels I, 2 and 3. The cost of any
maintenance or repair of the paved parking area within "EASEMENT L" shall be the responsibility of the
owner of Parcel 2. The cost of any maintenance or repair of private storm facilities and/or private utilities
within EASEMENTS "A", "B", "E", "G", "I" and "K" shall be split equally between the owners of said
facilities and/or utilities. The cost of any maintenance or repairs of private electric and/or
telecommunications utilities within EASEMENTS "C" and "D" shall be split equally between the owners
of said utilities. The cost of any maintenance or repairs of the private fire lines within EASEMENTS "F",
"H" and "J" shall be split equally between the owners of said private fire lines.
Treatment Swale: "EASEMENT G" contains a storm water treatment swale. The owners of Parcels
1,2 and 3 shall maintain said swale in accordance with the "BIO-SWALE MAINTENANCE PLAN" as
contained in "EXHIBIT A" attached hereto and made a part hereof. Said swale shall be subject to periodic
inspection by the City of Springfield. The cost of any maintenance or repair of the treatment swale within
said easement area shall be split equally between the owners of Parcels 1,2 and 3. A copy of the "BIO-
SW ALE MAINTENANCE PLAN" shall be provided to all property owners and tenants.
Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of
Parcels I, 2 and 3 of said partition, and are intended to be covenants and restrictions running with the
land. All provisions of this instrument, including the benefits and burdens, are binding and enure to the
heirs, successors, assigns, transferees, and personal representatives of all owners of any of the
aforementioned parcels. .
City of Springfield Approval: This document shall not be modified or revoked without the written
consent of the City of Springfield.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE EASEMENTS AND
~MAINT~ENAN~E AGREEMENT on this 1St\'" d/f 'A f /, \ ::;-'7'
? . 1 !~~ t?c4bL J
. . A R. ~ . Z BARBARA A. SCHULZ /
STATE OF OREGON)
) SS
COUNTY OF LANE )
ON THIS \'5\'-" DAY OF ~~ r: \ ,2011, BEFORE ME PERSONALLY APPEARED
DANA R. SCHULZ AND BARBARA A. SCHULZ AND ACKNOWLEDGED THE FOREGOING
INSTRUMENT TO BE THEIR VOLUNTARY ACT AND DEED.
Q~~
NOT AR PUBLIC FOR OREGON
~_.~>Sss'= : : '=' ~~=
. OFFICIAL SEAL
, ANANDA R SHERWOOD
". ~./ NOTARY PUBUC-DREGON
COMMISSION NO. 454696
MY C?~~ON EXPIRES DECEMBER 21, 2014
MY COMMISSION EXPIRES:
\~ - <}\ - ::l'DIL\
Date Received:
APR 21 2011
Original Submittal
DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT
Page 2 of 4
.
.
"
'.
EXHIBIT "A"
BIO-SW ALE MAINTENANCE PLAN
FOR PARTITION PLAT FOR
DANA R. SCHULZ AND BARBARA A. SCHULZ
Owner shall:
I, Inspect facility components, vegetation, and source controls for proper operations and structural
stability at a minimum, quarterly for the first 2 yrs, from the date of installation, 2 times per year
thereafter and within 48 hrs, of each major storm event
2, Keep a record of maintenance and inspection, in a log book, of steps taken to implement the
maintenance plan, The log book shall include any action taken,.who took the action, when it was
taken, how it was performed and any problems encountered or follow-up actions recommended,
3, Allow the City of Springfield staff to conduct on-site inspections of the stormwater management
facilities,
Maintenance Requirements: .
The following items shall be inspected and maintained as stated:
Swale inlet (such as curb cuts or pipes) shall maintain a calm flow of water entering the swale,
. Source of erosion shall be identified and controlled when native soil is exposed or erosion
channels are forming,
. Sediment accumulation shall be hand-removed with minimum damage to vegetation
using proper erosion control measures, Sediment shall be removed if it is more than 4"
thick or so thick as to damage or kill vegetation,
. Inlet shall be cleared when conveyance capacity is plugged, Sources of sediment and
debris shall be identified and corrected,
. Rock splash pads shall be replenished to prevent erosion.
/
Side slopes shall be maintained to prevent erosion that introduces sediment into the swale.
. Slopes shall be stabilized and planted using appropriate erosion control measures when the
native soil is exposed or erosion channels are forming.
Swale media shall allow stormwater to percolate uniformly through the landscape swale. If the swale
does not drain within 48 hrs, it shall be tilled, reshaped, and replanted according to design specifications.
. Annual or semi-annual tilling shall be implemented if compaction or clogging continues.
. Debris in quantities that inhibit operation shall be removed routinely (quarterly at minimum), or
upon discovery.
Swale outlet shall maintain sheet flow of water exiting swale unless a collection drain is used. Source of
erosion damage shall be identified and controlled when native soil is exposed or erosion channels are
forming.
. Outlet such as drains and overland flow paths shall be cleared when 50% of the conveyance
capacity is plugged.
. Sources of sediment and debris shall be identified and corrected.
Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from
erosion. Mulch shall be replenished as needed to ensure survival of vegetation.
. Vegetation, large shrubs or trees that interfere with landscape swale operation shall be pruned.
. Fallen leaves and debris from deciduous plant foliage shall be removed.
. Grassy swales shall be mowed to keep grass 4" to 9" in height Clippings shall be removed to
remove pollutants absorbed in grasses.
· Nuisance vegetation and vegetation prohibited by City of Springfield standards shall be removed
when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall
EXHIBIT "A" Date Received:
BIO-SW ALE MAINTENANCE PLAN
DECLARA nON OF PRIVATE EASEMENTS AND MAINTENANCE AGREN&~Tl 2011
Original submittal
Page 3 of 4
.
.
r.
.
. be removed and replaced. No chemical use (ie. herbicides, pesticides) is permitted within the
swale.
. Dead vegetation and woody material shall be removed to maintain less than 10% of area
coverage or when swale function is impaired. Vegetation shall be replaced within 3 months, or
immediately if required to maintain cover density and control erosion where soils are exposed.
. Mulch shall be replenished as often as necessary to prevent erosion or exposure of underlying
soil and assure survival of vegetation. Mulch application to occur in late spring/early summer to
minimize sedimentation transport.
Debris and Litter shall be removed to ensure storm water conveyance and to prevent clogging of inlet
drains and interference with plant growth.
Spill prevention measures shall be exercised when handling substances that contaminate stormwater.
Releases of pollutants shall be corrected as soon as identified.
Training and/or written guidance information for operating and maintaining swales shall be provided to
all property owners and tenants. A copy of the Treatment Grassy Swale Maintenance Plan shall be
provided to all property owners and tenants.
Access to the swale shall be safe and efficient. Egress and ingress routes shall be maintained to design
standards. Roadways shall be maintained to accommodate size and weight of vehicles, if applicable.
. Obstacles preventing maintenance personnel and or equipment access to the swale shall not be
permitted.
. Gravel or ground cover shall be added if erosion occurs due to vehicular or pedestrian traffic.
Insects &. rodents shall not be harbored in the swale. Pest control measures shall be taken when a
significant infestation of insects/rodents are found to be present.
. Control of the infestation shall first be attempted by using non-chemical methods such as
installation of predacious bird or bat nesting boxes, or alterations of pond water levels
approximately every four days in order to disrupt mosquito larval development.
. If sprays are considered, then a mosquito larvicide, such as Bacillus thuringiensis or other
approved formulations can be applied only if absolutely necessary, and only by a licensed
individual or contractor.
. Holes in the ground located in and around the swale shall be filled.
END OF EXHIBIT "A"
Date Received:
APR 21 2011
EXHIBIT "A" (Cont.)
BIO-SW ALE MAINTENANCE PLAN
Original Submittal
DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT
Page 4 of 4
.
.
x:
Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
AMENDED
PRIVATE IS.OO-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
This document supersedes and replaces, in their entirety, (I) that certain "PRIVATE IS.OO-FOOT
WIDE SANITARY SEWER EASEMENT AND AGREEMENT" that was recorded February 29,
2008 at Recorder's Number 2008-011492 in the Official Records of Lane County, State of Oregon
and (2) that certain "DECLARATION AND GRANT OF EASEMENT" that was recorded May 2,
1997 in Reel 2290R at Recorder's Number 9730034 in the Official Records of Lane County, State
of Oregon.
The true and actual consideration for this easement and agreement is o1ttey- +ll.C<V\ f111i'Y!e,:~r.y
RECITALS:
1) HYLAND BUSINESS PARK, LLC, Grantor, is the owner of "TRACT B" of the "JEFF
PARKER SUBDIVISION" as platted and recorded September 10,2002 in the Plat Records
of.Lane County, State of Oregon and assigned Recorder's Number 2002-069738 in the
Official Records of Lane County, State of Oregon.
2) DANA R. SCHULZ AND BARBARAA. SCHULZ, as tenants by the entirety,
Grantees, are the owners of the land that was conveyed as "PARCEL I" in that certain
Warranty Deed that was recorded April 19, 2006 at Recorder's Number 2006-026813 in the
Official Records of Lane County, State of Oregon.
3) A "DECLARATION AND GRANT OF EASEMENT" was recorded May 2, 1997 in
Reel 2290R at Recorder's Number 9730034 in the Official Records of Lane County, State
of Oregon that provided for a private sanitary sewer easement to allow connection from the
land of the Grantees to the Public Sanitary Sewer system that runs through the lands of the
Grantor.
4) A "PRIVATE IS.OO-FOOT WIDE SANITARY SEWER EASEMENT AND
AGREEMENT" was recorded February 29, 2008 at Recorder's Number 2008-011492 in
the Official Records of Lane County, State of Oregon was written so as to properly provide
easement coverage for a recently constructed private sanitary sewer connection from the
land of the Grantees to the Public Sanitary Sewer system that runs through the lands of the
Grantor.
5) The Parties hereto desire to extinguish, supersede and replace the two aforecalled
documents with the recordation of this amended document.
THEREFORE:
1) HYLAND BUSINESS PARK, LLC, Grantor, and DANA R. SCHULZ AND
BARBARA A. SCHULZ, Grantees hereby abandon and extinguish, in their entirety, said
"DECLARATION AND GRANT OF EASEMENT" that was recorded May 2,1997 in Reel
2290R at Recorder's Number 9730034 in the Official Records of Lane County, State of
Oregon and said "PRIVATE 1 S.OO-FOOT WIDE SANITARY SEWER EASEMENT AND
AGREEMENT" that was recorded February 29, 2008 at Recorder's Number 2008-011492
in the Official Records of Lane County, State of Oregon.
2) HYLAND BUSINESS PARK, LLC, Grantor, hereby grants, transfers and conveys to
DANA R. SCHULZ AND BARBARA A. SCHULZ, Grantees a non-exclusive,
perpetual, appurtenant easement for private sanitary sewer pipeline purposes under the strip
AMENDED PRIVATE IS.OO-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page I of S
.
.
of land that is described in Exhibit "A" and is shown on Exhibit "B" attached hereto and
made a part hereof. The use of said easement shall be subject to the following:
A) Costs of installation and maintenance of private sanitary sewer line shall be the sole
responsibility of the Grantees.
B) The easement is not personal or in gross, but is appurtenant to each and every
portion ofthe lands ofthe Grantees as said lands are described herein.
C) Grantees shall obtain all necessary government permits and approvals prior to
starting any work in the easement area.
D) Grantor shall at all times, and without restriction, have the right to use the easement
area for purposes not inconsistent with the purpose ofthe easement.
E) Said easement shall run with the properties herein described and shall be binding on
and inure to the benefit of the parties hereto, their heirs, successors or assigns.
IN WITNESS WHEREOF, we have executed this AMENDED PRIVATE 15.00-FOOT WIDE
SANITARY SEWER EASEMENT AND AGREEMENT on this j5fu day of C:I f''': \
2011.
HYLAND BUSINESS PARK, LLC, Grantor
sign:0"LL- \f:t.( .-/'/
Shaun l-li!jAlsRd, bar ~
\-\y\~,c\
DANA R. SCHULZ AND BARBARA A. SCHULZ, Grantees
~ "g"B,:'rn:;~
/
c
SEE PAGE 3 FOR GRANTOR/GRANTEE ACKNOWLEDGEMENTS
AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 2 of5
.
.
STATE OF OREGON
COUNTY OF LANE
} ss
BE IT REMEMBERED that on this day of , 2011 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within named Shaun
Highland whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn,
did say that he is a member of the within named limited liability company and does acknowledge said
instrument to be the free act and deed of said liability company, and that said instrument was signed and
sealed in behalf of said limited liability company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aff ed my officiai seal the day and year last
above written. .. .,,./1~, /)/L
/ ~Vl' " l~vt~~~~
! ary Public for Mtcfi &1D\-eJrG
Ir-tl'lt
My Commission Expires
STATE OF (),("C!.-~t>" } SS
COUNTY OF l-o..." <!.....
.;.\-'" . \
BE IT REMEMBERED that on this ~ \5 day of A f' 0( \ , 2011 before me, the
undersigned, a notary public in and for said County and State, personally appeared Dana R. Schulz, whose
identity was proven to me on the basis of satisfactory evidence and acknowledged said instrument to be his
free act and deed.
c,~
. OFFICIAL SEAL
~ ~NoATARN~ApuRBSuHCE-oRWGOOD
~ COMMISSION NO. 4~~6~6N
MY COMMISSION EXPIRES OECEMBER 21, 2014
Notary Public for 0... e. ~ t> ,.,
\~-:l.-\- ~\<..\
My Commission Expires
STATEOF D<€.'0C<'\
COUNTY OF La..:" 0
} 88
BE IT REMEMBERED that on this \'5 'r '" day of _PI p", \ , 2011 before me, the
undersigned, a notary public in and for said County and State, personally appeared Barbara A. Schulz,
whose identity was proven to me on the basis of satisfactory evidence and acknowledged said instrument to
beherfreeactanddeed. C~
~-..:=.....;:.r.;..--=~-<;;
(I) OFFICIAL SEAL
ANANDA R SHERWOOD
. NOTARY PUBUC.OREGON
COMMISSION NO. 454696
MY COMMISSION EXPIRES DECEMBER 21 2014
~ '
Notary Public for (), <L '" C f"")
..J
\ ") - ;;,..\ - d,O \ '-'\
My Commission Expires
AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page3of5
.
.
EXHIBIT "A"
15.00-FOOT WIDE PRIVATE
SANITARY SEWER EASEMENT
SITUATED in the City of Springfield, Lane County, State of Oregon in the Northwest 1/4 of
Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as
follows:
BEING a portion of "TRACT B" of the "JEFF PARKER SUBDIVISION" as platted and recorded
September 10, 2002 in the Plat Records of Lane County, State of Oregon and assigned Recorder's
Number 2002-069738 in the Official Records of Lane County, State of Oregon. Said portion being
a strip ofland of uniform width of 15.00 feet, by perpendicular measurement, and more particularly
described as follows:
BEGINNING at a point on the west line of said "TRACT B" that lies North 000 02' 16" East
295.35 Feet from the southeast comer of the lands that are firstly described in "PARCEL 1" of that
certain Warranty Deed to DANA R. SCHULZ AND BARBARA A. SCHULZ, as tenants by the
entirety, that was recorded April 19, 2006 at Recorder's Number 2006-026813 in the Official
Records of Lane County, State of Oregon, which line and comer are shown on the survey map by
Rex A. Betz that was filed April 20, 2006 as CSF No: 39778 in the office of the County Surveyor of
Lane County, State of Oregon; THENCE, leaving said POINT OF BEGINNING and line,
SOUTH 870 28' 23" EAST 73.51 FEET, more or less, the northwest comer of that certain 15.00-
foot wide Public Sanitary Sewer Easement that was recorded September 22, 1961 in Ree1180'61D
at Reception Number 44744 in the Official Records of Lane COUl\ty, State of Oregon; THENCE,
along the west and south lines of said Public Sanitary Sewer Easement, SOUTH 050 35' 39" WEST
15.00 FEET and SOUTH 840 24' 21" EAST 0.40 FEET, more or less, to a point that lies on a line
that is parallel with and 15.00 Feet southerly, by perpendicular measurement, from the aforecalled
course that has a bearing of South 870 28' 23" East; THENCE, along last said parallel line,
NORTH 870 28' 23" WEST 72.45 FEET, more or less returning to a point on the aforesaid west line
of "TRACT B"; and THENCE, along last said west line, NORTH 000 02' 16" EAST 15.01 FEET,
more or less, RETURNING to the POINT OF BEGINNING and CONTAINING 1,092 Square
Feet, more or less.
BEARINGS as called above are based on those shown on the survey map by Rex A. Betz that was
filed April 20, 2006 as CSF No. 39778 in the office of the County Surveyor of Lane County, State
of Oregon.
l.,rc. Gyp ItlJi /z.:,il
AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 4 of 5
~<'.: GRAPHIC SCALE
'1-1::;
,,~'" 50 0 25 50 100
S' ~
.,,0 Q I I I I I
.~ <<'
'1; :%-0'
( IN FEET )
~SCALE; 1"= 50'
~ ......
"" ~
"- 0)
"'"''''
" 'i tr)'"
!'""lori,
~l S.P.R.R. .,.,-
~"- POB I'X
-
--
I ~ - -
-- -
-tX: :'~8L; -
I I --
-
'"
I I ~
SEWER EASEMENT
I I (REG. NO. 44744)
I I AMENDED 15.60'
PRIVATE SEWER
I I EASEMENT
I LAN S FIRSTLY DESCRIBED
IN "PARCEL 1" OF
I REC. NO. 2006-026813
(LANDS OF SCHULZ)
I
I
"'l
.............
.............
....... .............
............. .............
..........................~
...............
,
.
....
.
.
EXHIBIT "B" .
15.00-FOOT WIDE PRIVATE
SANITARY SEWER EASEMENT
I
l.......
.............
.............
.............
tr)
'"
Lri
0)
'"
.f'-'
<0
:-
~
b
'"
'"
TRACT "B"
JEFF PARKER
SUBDIVISION
(LANDS OF HYLAND
BUSINESS PARK. LLC)
REGISTERED
PROFESSIONAL
LAND SURVEYOR
----
l
I
I
I
l
c{
OREG
JULY 20, 1993
REX A. BETZ
#2606
EXPIRES: December 31, 2011
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AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 5 of5
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Tax Map 17-02-31-22, Tax Lots 1700 & 2001
EXCLUSIVE PUBLIC EMERGENCY VEHICLE ACCESS EASEMENT
THIS INDENTURE MADE and entered into this 15 It. day of Ap y\ \ , 2011, by and between
Dana R. Schulz and Barbara A. Schulz, hereinafter referred to as the Grantors, and the CITY OF
SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as the Grantee.
WITNESSETH: In consideration of the acceptance by Grantee and the use or holding of said easement for
present or future public use by Grantee, Grantors hereby grant, bargain, sell and convey unto the Grantee, a
perpetual easement 12.00 feet in width for emergency vehicle access purposes across the following described
property, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Subject to the following conditions and restrictions:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND TO HOLD the above easement to the said Grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals this
\S\,^ , day of 1=\\>,,: \ ,2011.
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Barbara A. Schulz
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STATE OF OREGON
COUNTY OF LO....\P
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Be it remembered that on this \S*, day of \\ \> \ \ ,2011, before me, the undersigned, a notary
public in and for said County and State, personally appeared the within named Dana R. Schulz and Barbara A.
Schulz whose identities were proved to me on the basis of satisfactory evidence and w.ho executed the within
instrument and acknowledged to me that they executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last
above written.
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Notary Public for Oregon
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My Commission Expires
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. OFFICIAL SEAL
~, ANANDA R SHERWOOD
~ NOTARY PUBUC.QREGON
COMMISSION NO. 454696
MY COMMISSION EXPIRES DECEMBER 21,2014
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The conveyance set forth in this instrument conveying title or interest to the City of Springfield, a Municipal
Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby
accepted.
CITY OF SPRINGFIELD
By:
Chris Moorhead - City of Springfield Surveyor
Date
(BAR CODE STICKER)
RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477
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EXHIBIT 'A'
EMERGENCY VEHICLE
ACCESS EASEMENT
SITUATED in the Northwest Y. of Section 31 in Township 17 South, Range 2 West of the
Willamette Meridian and described as follows:
BEING a strip ofland of uniform width of 12.00 feet, which strip lies entirely within Parcels 2 and 3
of that certain Statutory Warranty Deed that was recorded on April 19, 2006 at Recorder's Number
2006.026813 in the Lane County Oregon Official Records. The centerline of which strip is described
more particularly as follows:
BEGINNING at a point on the east line of said Parcel 3 that lies in the middle of a currently traveled
way, which POINT OF BEGINNING lies North 000 09' 47" East 22.38 feet northerly of the
southeast comer of said Parcel 3; THENCE along the centerline of said traveled way the following
four numbered courses: (I) NORTH 79036'.06" WEST 7.35 FEET to a point of tangent curvature
to the right; (2) along said tangent curve to the right, having a radius center that bears North 10023'
54" East 100.00 Feet, a central angle of 46028' 50" and a long chord of North 560 21' 41" West
78.92 Feet, an arc distance of81.12 feet to a point of reverse curvature to the left; (3) along last said
reverse curvature to the left, having a radius center that bears South 56052' 44" West 100.00 Feet, a
central angle of570 09' 27" and a long chord of North 61 042' 00" West 95.67 Feet, an arc length of
99.76 Feet to a point of tangent line; and (4) along said tangent line, SOUTH 890 43' 17" WEST
103.72 FEET to the east margin of 28th Street (west line of Parcel 2), there TERMINATING.
The sidelines of said strip extending or shortening as needed to intersect the east line of said Parcel 3
and the east margin of said 28th Street.
Bearings as called above are based on those shown on the survey by Rex A. Betz that was filed April
20,2006 as CSF No. 39778 in the Office of the County Surveyor of Lane County, State of Oregon.
EXHIBIT 'B'
CONDITIONS AND RESTRICTIONS
A) Benefitted Lands: The easement created herein is to allow emergency vehicle access to and
from Parcels 1,2 and 3 of Land Partition Plat No. 201 I.P as partitioned
and recorded _, 201 I in the Land Partition Plat Record of Lane
County State of Oregon and Parcels 2 and 3 ofthat certain Statutory Warranty Deed recorded
on April 19,2006 at Recorder's Number 2006.026813 in the Lane County Oregon Official
Records.
B) Use of the Burdened Property: The owners or occupiers of Parcels 2 and 3 of said deed shall
have the right to use their property, including the area described as the easement, for any
purpose as long as the owners or occupiers do not interfere with the use of the easement as
granted by this instrument. No vehicle parking or storage of vehicles shall be allowed by any
party within the easement area, including the agents, employees, tenants, and invitees of said
owners.
C) Maintenance and Repairs: The cost of any maintenance or repair of the driveway
improvements within the easement area shall be split equally between the owners of the
parcels of said partition and Parcels 2 and 3 of said deed.
D) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of the parcels of said partition and Parcels 2 and 3 of said deed, and are intended to be
covenants and restrictions running with the land. All provisions of this instrument, including
the benefits and burdens, are binding and inure to the heirs, successors, assigns, transferees,
and personal representatives of all owners of any of the aforementioned parcels.
E) Easement Revisions: The location of this easement may be revised by the owners of Parcels
2 and 3 of said deed at any time by a document recorded in the Lane County Oregon Official
Records. No approvals are required by the owners ofthe parcels of aforesaid partition. Any
revisions to the easement alignment must provide adequate fire truck turning radius.
RETURN TO:
CITY OF SPRINGFIELD. PUBLIC WORKS DEPT. 225 FIFTH STREET. SPRINGFIELD, OREGON 97477
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