HomeMy WebLinkAboutCorrespondence APPLICANT 10/29/2009
.' ,
.
.
MARKARIAN Molly
From:
Sent:
To:
Cc:
Subject:
Attachments:
Anne Delaney [delaney@bdarch.net]
Thursday, October 29,200910:31 AM
MARKARIAN Molly
Anne Delaney
Afiya Revised Easement
Revised Access Easement.pdf
Molly,
Please see attached easement documentation for city's review.
Anne Delaney AlA
Bergsund Delaney Architecture and Planning, P.C.
1369 Olive St.
Eugene, OR 97401
Tel. 541-683-8661
Fax.541-683-1136
www.bdarch.net
DalG I~ecelved:~
Planner: MEM
1
.,
.
.
After recording return to:
Springfield Church of the Brethren
1072 Main Street
Springfield, Oregon 97477
Until a change is requested
Mail all Tax Statements:
No ClEl1fl"
IRREVOCABLE PRIVATE ACCESS AND UTILITY
EASEMENT AND MAINTENANCE AGREEMENT
RECITALS:
Springfield Church of the Brethren is the owner of three abutting properties located in the
Southeast one-quarter of Section 35 in Township 17 South, Range 3 West of the Willamette
Meridian referred to herein as Tract 1, Tract 2 and Tract 3 and being more particularly described
as follows:.
See "Exhibit A"
The owner has received approval under Springfield Journal No. SUB 2009-00016 to adjust the
common boundary between Tract I and Tract 2 whereby Tract 2 will not have frontage on a
public road. In accordance with SDC Section 4.2-120(A)(I)(a) and the conditions of approval of
the property line adjustment application the owner is proposing to create a variable width joint
access and utility easement with maintenance provisions across the Tract 3 property for the
benefit of the as adjusted boundaries of the Tract I and Tract 2 properties to provide the as
adjusted boundaries of Tract I and Tract 2 with access to the public road
DECLARATION OF EASEMENT:
I. Easement Created. Springfield Church of the Brethren does hereby create a
perpetual, irrevocable easement as described in Exhibit "B", attached, for the
mutual and exclusive use of the Tract I, Tract 2 and Tract 3 properties described
herein.
2. Pumose. The easement is created to provide for ingress and egress and
emergency vehicle access from the Tract I and Tract 2 properties to the public
street The Easement Area may also be used by the aforementioned Tracts for the
installation of private utilities, including, but not limited to water service,
electrical service. telecommunication services, storm water drainage and sanitary
sewer service lines as long as such use does not interfere with ingress/egress
access provisions granted herein. No vehicle parking of any kind will be allowed
within the easement area
3. Use of Burdened Prooertv. The owners or occupiers of the parcels affected by
the easement 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 I
not interfere with the use of the easement as granted by this fmtww~l(;~iVed:.JQj 7-'" 0 1
Planner: MEM
Access Easement and Mainlenance Agreemenl - Page 1
.
.
..
4. Maintenance and Reoairs. The cost of any maintenance or repair of the area
within the easement shall be shared by the owners of the Tract I, Tract 2 and
Tract 3 properties proportionate to their use as described in ORS 105.107 to
105.185, and as may be amended from time to time. However, any repairs
necessitated by the negligence or the misuse of the easement area and rights
granted herein by an individual owner of the Tract I, Tract 2 or Tract 3 properties,
their agents or invitees, shall be the sole responsibility of the negligent party. All
work shall be performed by a licensed and bonded contractor and the repaired area
shall be returned to its former condition once the repair WOlk has been completed.
5. Prooertv Taxes. Tbe Tract 3 property shall be responsible for the property taxes
within the easement area. .
6. Private Grant. The easement created by this instrument does not constitute a
dedication or grant for public use.
7. Successors in Interest. The provisions of this instrument touch and concern, and
relate to the use of the Tract I, Tract 2 and Tract 3 properties and are intended to
be covenants and restrictions running with the land.
8. Indemnity. Users of the roadway for access or maintenance ("Users") shall
assume all risks arising out of their use of the Easement. Specifically, but without
limitation, individual Tract Owners shall have no liability to Users or their agents
and employees, or any independent contractor hired by Users solely based on their
status as a Tract Owner. Users agree to indemnify and hold harmless Tract
Owners from any claim, cost, damage or expense of any kind or nature arising out
of or related to any negligent or wrongful act or omission of Users arising out of
their use of the Easement.
9. Lel!al Proceedinl!s. If any legal proceeding is commenced for the purpose of
interpreting or enforcing any provision of this Agreement, the prevailing party in
sucb proceeding shall be entitled to recover reasonable attorney's fees in such
proceeding, or any appeal thereof, in addition to the costs and disbursements
allowed by law.
10. Arbitration. Any claim, controversy or dispute arising out of this Easement shall
be settled by arbitration in accordance with the applicable rules of the American
Arbitration Association, and judgement upon the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof. Any such arbitration
shall be conducted in Lane County, Oregon.
II. Modification. If future development proposals result in the need to eliminate or
modify this easement, this Declaration may only be amended or removed with
City Planning approval.
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 parties who own any of
the aforementioned parcels.
-. _ ')'<':P,ftC").f'", .':- ~
.\,.. '..~\:' "',,- I .
Access Easemenl and Maintenance Agreement - Page 2
, '
.,
.
.
Dated this
day of
,2009
Dale Seese, Recorder
Springfield Church of the Brethren
Oversight Council
Ann Eikenberry, Chair
Springfield Church of the Brethren
Oversight Council
STATE OF OREGON )
) ss.
County of Lane )
On , 2009, personally appeared before
me , a notary public for the said state and
county the above named Ann Eikenberrv , being known to me or proved to me on a
satisfactory basis to be the same person who executed the declaration hereon in her authorized
capacity as Chair of the Springfield Church of the Brethren Oversight Council, and
acknowledged the same to be her voluntary act and deed. In witness whereof, I have hereunto set
my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Lane )
On 2009, personally appeared before
me , a notary public for the said state and
county the above named Dale Seese , being known to me or proved to me on a satisfactory
basis to be the same person who executed the declaration hereon in his authorized capacity as
Recorder 'of the Springfield Church of the Brethren Oversight Council, and acknowledged the
same to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and
affixed my seal.
Notary Public for Oregon
Access Easement and Maintenance Agreement - Page 3
.
.
My Commission Expires:
Exhibit "A"
(I)
Tract 1
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4600
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 480.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of I 0" Street South 1013 '00" East 67.22 feet
to the True Point of Beginning; thence South 88055'12" West 29.24 feet; thence South 1013'00"
East 10.08 feet; thence South 88055'12" West 5.54 feet; thence South 1013'00" East 38.40 feet;
thence South 88055'12 West 85.22 feet to a point on the west boundary ofthat certain tract of
land described in a bargain and sale deed recorded November 26,1979 Inst. No. 7969955 Lane
County Oregon Deed Records; thence along said west boundary South 1013'00" East 62.42 feet
to a point in the north margin of the relocated Main Street as said north margin is described in a
deed of conveyance registered in Book 14, Page 480 ofthe Certificate of Registered Titles as
Reception No. 31679; thence along the north margin of the relocated Main Street South
81055'58" East 60.80 feet to a point in the east boundary of Block 7 of said Brattain's Addition to
Springfield; thence along the east boundary of said Block 7 South 1013 '00" East 9.10 feet to the
southeast comer thereof, said point being on the north margin of Main Street 33.0 feet from,
when measured at right angles to the centerline of Main Street; thence along the north margin of
Main Street North 89028'23" East 60.00 feet to a point which bears South 1013'00" East from the
true point of beginning; thence North 1013'00" West 130.24 feet to the True Point of Beginning,
al1 in Lane County Oregon.
Tract 2
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4700
Beginning at a point in the south margin of the east/west al1ey running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 360.00 feet from the southwest comer of said Block 7; thence continuing
along the south margin of said east/west al1ey North 88055'12" East 120.00 feet; thence leaving
said south margin and running paral1e! to the east margin of 10" Street South 1013'00" East 67.22
feet; thence South 88055'12" West 29.24 feet; thence South 1013'00" East 10.08 feet; thence
South 88055'12" West 5.54 feet; thence South 1013'00" East 38.40 feet; thence South 88055'12
West 85.22 feet to a point on the west boundary of that certain tract ofland described in a
bargain and sale deed recorded November 26,1979 Inst. No. 7969955 Lane County Oregon
Deed Records; thence along said west boundary North 1013'00" West 115.70 feet to the point of
beginning, all in Lane County Oregon
Access Easement and Maintenance AgreemenL - Page 4
,.
. ,
.;
.
.
Exhibit "A"
(2)
Tract 3
Assessor's Map No. 17-03-35-41 Tax Lot 4800
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 300.00 feet from the southwest corner of said Block 7; thence continuing
along the south margin of said east/west alley North 88055' 12:' East 60.00 feet; thence leaving
said south margin and running parallel to the east margin of I 0"' Street South 1013'00" East
178.12 feet to a point in the north margin of the relocated Main Street as said north margin is
described in a deed of conveyance registered in Book 14, Page 480 of the Certificate of
Registered Titles as Reception No. 31679; thence along the north margin of the relocated Main
Street North 81055'58" West 60.80 feet to a point which bears South I 013'00" East from the
point of beginning; thence North 1013'00" West 168.46 feet to the point of beginning, all in Lane
County, Oregon.
Access Easement and Maintenance Agreement - Page 5
.
.
'" . - ...
Exhibit "B"
Easement Area
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 10\3'00" West 192.83 feet and
North 88055'12" East 360.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 1 0'" Street South 1 0 \3'00" East 178.12
feet to a point in the north margin of the relocated Main Street as said north margin is described
in a deed of conveyance registered in Book 14, Page 480 of the Certificate of Registered Titles as
Reception No. 31679; thence along the north margin of the relocated Main Street North
81055'58" West 26.35 feet; thence leaving said north margin and running North 10\3'00" West
134.00 feet; thence South 88055'12" West 12.00 feet; thence North 1"\3'00" West 39.93 feet to a
point on the south margin of the aforementioned east/west alley; thence along said south margin
North 88'55'12" East 38.00 feet to the point of beginning, all in Lane County Oregon.
Access Easement and Mainlenance AgrcclnenL - Page 6