HomeMy WebLinkAboutCorrespondence APPLICANT 5/10/2011
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Branch Engineering,
Inc.
Corporate Headquarters
(541) 746-0637
310 5th Street
Springfield. OR 97477
Salem Engineering Office
(503) 779-2577
4312 Cherry Avenue NE
Keizer, OR 97303
Principals
M. Lane Branch, PE
Damien Gilbert, PE
Renee D. Clough. PE. PLS
Rene' Fabricant, PE, SE'
Ronald J. Derrick, PE
www.BranchEngineering.com
May 10,2011
Branch No. 05-299D
Mr. Steve Hopkins
CITY OF SPRINGFIELD
PUBLIC WORKS DEPARTMENT
225 Fifth Street
Springfield, OR 97477
Re: Partition Plat for Schulz---Planning No. SUB 2008-00054
Submittal of copies of recorded partition and documents.
Dear Steve,
The subject plat was recorded May 5, 2011 as LPPN 201l-P2491, assigned Recorder's Number
2011-021286 and filed as CSF 42099. Attached are five rolled, paper copies of the recorded plat
as required in the conditions of approval along with three copies each of the following
documents that were recorded concurrently with the plat:
I. The "Declaration of Joint Use Private Access and Joint Use Utility Easement and
Agreement". (Rec. No. 2011-021287)
2. The "Amended Private 15.00-Foot Wide Sanitary Sewer Easement and Agreement".
(Rec. No. 2011-021288)
3. The "Declaration of Private Easements and Maintenance Agreement". (Rec. No.
2011-021290)
4. The "Exclusive Public Emergency Vehicle Access Easement". (Rec. No. 2011-
021289)
RECEIVED
Rex A. Betz, P
Survey Manager
MAY 10 2011
--
Dana and Barbara Schulz
i
By:
xc:
CIVIL
STRUCTURES
TRANSPORTATION
GEOTECHNICAL
SURVEYING
. . x
~ .
. . Lane County Cle~k 2011.0212~7
Recorded at the request of and Lane County Deeds and Reco~ds
after recording, return to: 1111I11I11111111111111111111111111111111111111111 $82.00
Branch Engineering Inc.
310 Fifth Street 01220665201100212870080082 05/05/2011 09:45:53 AM
Springfield, OR 97477 RPR-ESMT Cnt=2 Stn=8 CASHIER 02
$5.00 $40.00 $10.00 $11.00 $16.00
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 C/(~ €y ilv:cV'
VvVV\ L. tl..t r'l
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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 "BOO, 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).
RECEIVED
MAY 1 0 2011
DECLARATION OF R,,"
JOINT USE PRIVATE ACCESS AND JOINT USE p~~"lJ llLlTY
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 Existinl! Easement. Schulz hereby releases and terminates the Existing
Easement.
4. Purpose 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. Roadwav. Schulz has constructed a roadway within the New Easement Area, to City of
Springfield standards and requirements.
6. Hvland'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 Rnns With Land. The New Easement shall be apimrtenant 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. Attornev 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. Intel!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.
RECEIVED
MAY 1 0 2011
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
By:
Page 2 of 8
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12. InterDretation. 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
of the state of Oregon.
16. CounterDarts. 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
'j
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B~ \Av/-f /
Member V
('..
(notary acknowledgements on following page)
RECEiVED
MAY 1 0 2011
By:
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 3 of8
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STATE OF (j,< e ~() f\
County of l J].. ~ Q.......
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This instrument was acknowledged before me on this \ 'S.t '" day of \=\ '? (-- \
2011 by Dana R. Schulz and Barbara A. Schulz.
. OFFICIAL SEAL
. , ANANDA R SHERWOOD
'... \' NOTARY PUBUC..QREGON
. COMMISSION NO. 454696
Plf COMMISSION EXPIRES DECEMBER 21,2014
=~~
O~~
Notary Public-State of 0 I( .e.. ~o i'...
STATE OF OREGON )
) SS
County of Lane )
This ins
2011 by
ent was ackno ledged before me on this If! day of (J t<f
LlJ),-tiV /L' . as member of Hyland Business Park, LC.
.{p~c,,;~, OFFICIAL SEAL
g~:~: Na~A~~~U~~~~~~~~~N
;<~~W:e COMMISSION NO. 420502
~cf,~",~J4
7y(ll ,JIL['I/W.~~
Public-State of Oregon
RECEIVED
MAY 1 0 2011
By:
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 ]/4 OF SECTION 31, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE
WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS:
BElNG ALL OF THE LAND THAT WAS CONVEYED TO DANA R. SCHULZ AND
BARBARA A. SCHULZ AS "PARCEL 1" IN THAT CERTAlN WARRANTY DEED THAT
WAS RECORDED APRIL ]9, 2006 AT RECORDER'S NUMBER 2006-026813 IN THE
OFFICIAL RECORDS OF LANE COUNTY, STATE OF OREGON. THE PERIMETER
BOUNDARY OF SAID "PARCEL 1" IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNlNG AT THE NORTHWEST CORNER OF AFORESAID "PARCEL 1" AS SAID
POlNT LIES AT THE lNTERSECTION OF THE NORTH LINE OF THE J.C CARTER
DONATION LAND CLAIM NUMBER 58, NOTfFICATION NUMBER 7485, IN TOWNSHIP
17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, WITH THE EAST LINE
OF THE RIGHT-OF-WAY OF THE WENDLlNG BRANCH OF THE SOUTHERN PACIFIC
RAILROAD, WHICH POlNT OF BEGINNING ALSO LIES SOUTH 89059'50" EAST 119.85
FEET FROM THE DONATION LAND CLAIM CORNER THAT IS COMMON TO THE
lNTERlOR ELL CORNER OF SAID J.C 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, LEA VlNG SAID NORTHWEST CORNER OF
"PARCEL I", AND SAID POlNT OF BEGlNNlNG, SOUTHERLY ALONG THE WEST LINE
OF SAID "PARCEL]" THE FOLLOWlNG 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.D7 FEET TO THE
SOUTHWEST CORNER OF SAID "PARCEL I"; THENCE, ALONG THE SOUTH LINES OF
SAID "PARCEL I" THE FOLLOWlNG FIVE NUMBERED COURSES: (2) NORTH
80040'08" EAST 204.65 FEET, (3) NORTH 76056'23" EAST 102.69 FEET, (4) SOUTH
73002'56" EAST ]05.84 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 ]" THE FOLLOWlNG TWO
NUMBERED COURSES; (7) NORTH 00002'16" EAST 299.81 FEET TO A POlNT ON THE
NORTH LINE OF SAID lC CARTER DONATION LAND CLAIM NUMBER 58; AND (8)
NORTH 00030']6" WEST 59.54 FEET TO THE NORTHEAST CORNER OF SAID "PARCEL
1" AS SAID POlNT MARKS A POlNT 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 (NOTlNG THAT SAID WYE TRACK HAS SlNCE BEEN'
SHIFTED BY SOUTHERN PACIFIC RAILROAD AND THAT THE PREVIOUS LOCATION
AS DESCRIBED IN SAID "PARCEL I" CONTROLS); THENCE, ALONG THE NORTH
LINES OF SAID "PARCEL I" AND ALONG LAST SAID PARALLEL LlNE THE
FOLLOWlNG THREE NUMBERED COURSES: (9) ALONG LAST SAID NON-TANGENT
CURVE TO THE RIGHT, HAVlNG A RADIOS CENTER THAT BEARS NORTH 39002'25"
DECLARATION OF
JOINT USE PRIV ATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT MAY 10 2011
REGE!VED
Page 5 of8
By:
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EAST 357.34 FEET, A CENTRAL ANGLE OF 0]051'18" AND A CHORD BEARING OF
NORTH 5000] '56" WEST] 1.57 FEET, AN ARC DISTANCE OF ] 1.57 FEET TO A POINT
OF TANGENT LINE; (10) ALONG SAID TANGENT LINE, NORTH 49006'17" WEST 75.]]
FEET TO A POINT OF TANGENT CURVATURE TO THE LEFT; AND (]]) 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 ]07056'23"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 le. CARTER DONAT]ON LAND CLAIM NUMBER 58; AND
THENCE, CONTINUING ALONG SAID NORTH LINE OF "PARCEL ]" THE FOLLOWING
ONE NUMBERED COURSE: (12) ALONG SAID NORTH LINE OF THE J.e. 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 filed
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
d
OREGON
JULY 20.1993
REX A. BETZ
)(2.6('(1. rz./"3; /Zui(
RECEiVED
MAY 1 0 2011
By:
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 6 of8
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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 WiIlamette 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 35001' 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, SOUTH 240 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
Avenue 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"
~GiSTERED
PROFESSiONAL
LA SURVEYOR
OREGO
JULY 20. 1993
REXA. BETZ
DECLARATION OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT MAY 0 2011
AiL. E:~(l. 14">'/2011
RECE!VED
Page 7 of8
By:
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30
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15
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
~4~
OREG
JULY 20, 1993
REX A. BETZ
#2606
EXPIRES: December 31, 2011
EXHIBIT "C"
Diagram of New Easement Area
GRAPHIC SCALE
( IN FEET )
'-
--.......
...........
'-
SCHUU PROPERTY
17-02-31-22, TL 500
-.......
SC.l'
4CC~S;UQ-
%qr
...........
...........---..J
HYLAND PROPERTY
17-02-31, TL 5000
TRACT "B"
JEFF PARKER
SUBDIVISION
SCALE: 1"= 30'
...........
NEW PRIVATE ACCESS
~ EASEMENT AREA
" &
~ PRIVATE UTlLl7Y EASEMENT
i"-
<0
R=230.00
t,=OB'57'49"
L=35.9B
CH=S59'26'59"W
,35.94
HYLAND PROPERTY
17-02-31, TL 4900
TRACT "A"
JEFF PARKER
SUBDIVISION
R=230.00
t,=03'59'47"
L=16.04
CH=S52'5B'11 "W
16.04
.&E.RClft-\- ___
CO\;\1'4' -
~POB /' ~uE.
/ / RECEI
")rJ%
A..<v0
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DECLARA nON OF
JOINT USE PRIVATE ACCESS AND JOINT USE PRIVATE UTILITY
EASEMENT AND AGREEMENT
Page 80f8
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Recorded at the request of and
after recording return to:
Lene County Clerk
Lene County Deeds end Records
~~ll.~m~~
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
1111I1111111111111111111111111111111111I111111111 $67,00
01220666201100212880050058 05/05/2011 09: 45: 53 AM
RPR-ESMT Cnt=2 Stn=8 CASHIER 02
$5,00 $25,00 $10,00 $11,00 $16.00
AMENDED
PRIVATE IS.OO-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
This document supersedes and replaces, in their entirety, (l) that certain "PRIVATE] S.OO-FOOT
WIDE SANITARY SEWER EASEMENT AND AGREEMENT" that was recorded February 29,
2008 at Recorder's Number 2008-0] ] 492 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 6tLley' thav\ VI1I"\1c.:1z~r"7'
RECITALS:
1) HYLAND BUSINESS PARK, LLC, Grantor, is the owner of "TRACT B" of the "JEFF
PARKER SUBDIVISION" as platted and recorded September] 0, 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 BARBARA A. SCHULZ, as tenants by the entirety,
Grantees, are the owners of the land that was conveyed as "PARCEL ]" 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, ]997 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 2008-0] ]492 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, ] 997 in Reel
2290R at Recorder's Number 9730034 in the Official Records of Lane County, State of
Oregon and said "PRIVATE ]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
. . ceCEIVED
AMENDED PRIVATE IS.OO-FOOT WIDE SANITAhM:WER
EASEMENT MAY 10 2011
AND AGREEMENT
Page 1 of S
By:
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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 shaH be the sole
responsibility of the Grantees.
B) The easement is not personal or in gross, but is appurtenant to each and every
portion of the lands of the Grantees as said lands are described herein.
C) Grantees shaH 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 of the 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 j5lli. day of 0. f ~: \.
2011.
HYLAND BUSINESS PARK, LLC, Grantor
" C
',' 1\ /-
-~.. '. tJ ,/
sign:0~'~ __/
Shaun Hi~RlaRl:j, M ber
"'1....1 \
\""'/"'....\0
DANA R. SCHULZ AND BARBARA A. SCHULZ, G~antees ;/~. /
"' -,,' ,;,< I ':'
/ "/. // "',)" i' ,',; --,
/, l/ --, /'
. ,/ ,'/ . -- f\ /"";' _ . A.~' /"
-sign: ~(fl~( / s,gnf;(/ m-#t1c",,(:-, , "y~{:
y an , Sc, ~t) Barbara A. Schulz ,,'
v' /1
!~/
SEE PAGE 3 FOR GRANTOR/GRANTEE ACKNOWLEDGEMENTS
RECEIVED
MAY 1 0 2011
By:
AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 20f5
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H"lCtl<c{
} 88
BE IT REMEMBERED that on this \ 6~ day of .A {J (~ \ , 2011 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within named Shaun
Higtmmd 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.
STATE OF OREGON
COUNTY OF LANE
IN TESTIMONY WHEREOF, I have hereunto set my hand and a!fixed my official seal the day and year last
above written. I ,,--'It "
4"~ OFACIALSEAL I " l,..'[vvL/ il.'?ll')/HC/i..1-L-;Je,1U
'~J:;i'~" JOAN M NORMANSEN .
ii,'; NOTARY PUBLIC-OREGON . .,],", i'
~\~h/ COMMISSION NO, 420502 No ary Public for iJ1aJ~ 'i O\U~ lu
MV-e MMISSIO PlOT BE 11 2011 I
1(,1[' It
My Commission Expires
STATE OF ()'r<1-~t>" } 88
COUNTY OF \...0..", L
,:.\-'- . \
BE IT REMEMBERED that on this ~ 15 day of A I=' ,\ , 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
ANANDA R SHERWOOD
NOTARY PUBUC-DREGON
COMMISSION NO. 454696
MY COMMISSION ~PIRES OECEMBER 21, 2014
Notary Public for 0,. e. j (:, ,...,
\;;,.-";)..\- ~\y
My Commission Expires
STATEOF O<e..'0C""'
COUNTY OF In", 0
} 88
BE IT REMEMBERED that on this \5't " day of J=1 (? '" \ , 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
be her free act and deed. n ~-""-~
~~...;s..
. OFFICIAL SEAL
., " ANANDA R SHERWOOD
. NOTARY PUBUC.OREGON
COMMISSION NO. 454696
MY COMMISSION EXPIRES DECEMBER 21,2014
:;;:::......--..,..,.,~-,,;;: -
Notary Public for ('), l!.. '" 0"
...)
\ ') - :;;;..\ - d.a \ L-\
My Commission Expires
RECEIVED
MAY 1 0 2011
By:
AMENDED PRIVATE IS.OO-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 3 of 5
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EXHIBIT "A"
IS.OO-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 of land 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 corner of the lands that are firstly described in "PARCEL I" 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 corner 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 corner of that certain 15.00-
foot wide Public Sanitary Sewer Easement that was recorded September 22, 1961 in Reel180'61D
at Reception Number 44744 in the Official Records of Lane County, 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.
REGISTERED
PROFESSiONAL
LAN!) SURV . OR
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I/(..~l, /~-C/
OREG' f\I
JULY 20, 1003
REXA. BETZ
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RECEIVED
MAY 1 0 2011
By:
AMENDED PRIVATE IS.OO-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 4 of 5
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EXHIBIT "8"
15.00-FOOT WIDE PRIVATE
SANITARY SEWER EASEMENT
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SEWER EASEMENT
(REG. NO. 44744)
AMENDED 15.00'
PRIVATE SEWER
EASEMENT
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TRACT "B"
JEFF PARKER
SUBDIVISION
(LANDS OF HYLAND
BUSINESS PARK, LLC)
REGISTERED
PROFESSIONAL
LAND SURVEYOR
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JULY 20, 1993
REX A. BETZ
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EXPIRES: December 31, 2011
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COMME~C,~EJVED
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AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 5 of5
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Lane County Cle~'"
Lane County Deeds and Reco~ds 2011-021290
~IW1~Wlllll~1~Wml~W1W I I'" I II III $62.00
RPR-ESMT Cnt:2 Stn:8 cAg~{~~/~Jl 09:45:53 AM
$e.oo $20.00 $10.00 $11.00 $16.00
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Recorded at the request of and
after recording return to:
Branch Engineering Inc.
310 Fifth Street
Springfield, OR 97477
DE CLARA nON OF PRIVATE EASEMENTS
AND
MAINTENANCE AGREEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
1) 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 I into three parcels as shown on Land Partition Plat No. 20 lI-
P 27"9/ as partitioned and recorded 5 A,;,t' ,2011 in Lane County Oregon
Partition Plat Records and given Recorder's Number 2011- O. 1 'Zec;;- 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 VARIABLE WIDTH JOINT USE
PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT over that certain area designated as
"EASEMENT A" on said partition as said easement lies in Parcels 1 and 3 and benefits Parcels I, 2 and 3
for joint use private access and private utility purposes.
B) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE UTILITY EASEMENT over that certain area designated as "EASEMENT Boo on said partition
as said easement lies in Parcel I and benefits Parcels 1, 2 and 3 for joint use private utility purposes.
C) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE ELECTRIC AND TELECOMMUNICATIONS EASEMENT over that certain area designated
as "EASEMENT Coo on said partition as said easement lies in Parcell and benefits Parcels 1, 2 and 3 for
joint use private electric and telecommunications purposes.
D) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE ELECTRIC AND TELECOMMUNICATIONS EASEMENT over that certain area designated
as "EASEMENT D" on said partition as said easement lies in Parcel I and benefits Parcels 1, 2 and 3 for
joint use private electric and telecommunications purposes.
E) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE 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.
F) Easement Created: GRANTORS hereby create a perpetual 5.00-FOOT WIDE JOINT USE
PRIVATE 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.
G) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE STORM DRAINAGE EASEMENT over that certain area designated as "EASEMENT Goo on
said partition as said easement lies in Parcels 1 and 3 and benefits Parcels I, 2 and 3 for joint use private
storm drainage purposes.
H) Easement Created: GRANTORS hereby create a perpetual 5.00-FOOT WIDE JOINT USE
PRIVATE FIRE LINE EASEMENT over that certain area designated as "EASEMENT H" on said
partition as said easement lies in Parcel 1 and benefits Parcels 1, 2 and 3 for joint use private fire line
purposes.
I) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE STORM DRAINAGE EASEMENT over that certain area designated as "EASEMENT I" on
said partition as said easement lies in Parcel 2 and benefits Parcels I, 2 and 3 for joint use private storm
drainage purposes.
J) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIVATE FIRE LINE EASEMENT over that certain area designated as "EASEMENT J" on said
partition as said easement lies in Parcel 2 and benefits Parcels 1, 2 and 3 for joint use private fire line
purposes.
K) Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH JOINT USE
PRIV ATE UTILITY EASEMENT over that certain area designated as "EASEMENT K'" on said
partition as said easement lies in Parcell and benefits Parcels 1,2 and 3 R'E' 1., r~E:vatl~ili~ n
purposes, If ,i'~'" r; .
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DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEM~Nlo :Jl1
Page 1 of 4
By:
Easement Created: GRANTORS hereby create a perpetual VARIABLE WIDTH EXCLUSIVE
PRIVATE PARKING EASEMENT over that cet1ain area designated as "EASEMENT L'" on said
partition as said easement lies in Parcel I and benefits Parcel 2 for private parking purposes.
Exclusion of PUEs: Notwithstanding any other language herein, these easements do not allow the
placement of private utilities within any Public Utility Easement.
Use onhe Burdened Prooertv: 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 Reoairs: 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 tire 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 pat1ition, 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 Soringfield Approval: This document shall not be modified or revoked without the written
consent of the City of Springfield.
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IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE EASEMENTS AND
MAINTENANCE AGREEMENT on this IS \-l day)!f 'A f /, \ , 20)1.
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-, BARBARA A. SCHULZ Y
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. AR.~Z
STATE OF OREGON)
) SS
COUNTY OF LANE )
ON THIS \5\\-' DAY OF t\~ (: \ ,2011, BEFORE ME PERSONALLY APPEARED
DANA R. SCHULZ AND BARBARA A. SCHULZ AND ACKNOWLEDGED THE FOREGOING
INSTRUMENT TO BE THEIR VOLUNTARY ACT AND DEED.
NOTAQ~OR~
~s"S:",;s-~~~
. OFFICIAL SEAL
. ANANDA R SHERWOOD
'".. NOTARY PUBUC-QREGON
. COMMISSION NO. 454696
~~~DN EXPIRES DECEMBER 21. 2014
MY COMMISSION EXPIRES:
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RECEIVED
MAY 1 0 2011
By:
DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT
Page 2 of 4
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EXHIBIT "A"
BIO-SWALE MAINTENANCE PLAN
FOR PARTITION PLAT FOR
DANA R. SCHULZ AND BARBARA A. SCHULZ
Owner shall:
I. Inspect facility components, vegetatiori, 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 trom 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
RECEIVED
MAY 1 0 2011
DECLARATION OF PRIVATE EASEMENTS AND MAINTENANC~G~EEMENT
Page 3 of 4 y.
EXHIBIT "A"
BIO-SW ALE MAINTENANCE PLAN
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. be removed and replaced. No chemical use (ie. herbicides, pesticides) is pennitted 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 stonnwater 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"
RECEIVED
MAY 10 2011
EXHIBIT "A" (Coot.) By:
BIO-SW ALE MAINTENANCE PLAN
DECLARATION OF PRIVATE EASEMENTS AND MAINTENANCE AGREEMENT
Page 4 of 4
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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 15th day of Ap '('\ \ , 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\\rI ,dayof 'P.<(,,: \ ,2011. (
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.;// Dana R. Sch Barbara A. Schulz I
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STATE OF OREGON
COUNTY OF Lo..<'\ P
} SS
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 who 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.
n~
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. OFFICIAL SEAL
ANANDA R SHERWOOD
. NOTARY PUBUC-OREGON
COMMISSION NO, 454696
MY COMMISSION EXPIRES DECEMBER 21 2014
- '
Notary Public for Oregon
\ d- - .;). \ - ~ D \~
My Commission Expires
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 O;~~()
Chris Moorhead - City of Springfield Surveyor
Z~-APf...-2D{(
Date
Lane County Clerk
Lane County Deeds and Records
t~ll.~m~~
1111111111111111111111111111111111111111111111111 $47,00
01220667201100212890020025 05/05/2011 09 :45: 53 AM
RPR-ESMT Cnt=l Stn=B CASHIER 02
$10.00 $10.00 $11.00 $16.00
,'ECEIVED
MAY 1 0 2011
RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477
By:
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EXHIBIT 'A'
EMERGENCY VEHICLE
ACCESS EASEMENT
SITUATED in the Northwest Y. of Section 3 I 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
ofthat certain Statutory Warranty Deed that was recorded on April 19, 2006 at Recorder's Number
2006-0268 I 3 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 oftangent 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 560 52' 44" West 100.00 Feet, a
central angle of5r 09' 27" and a long chord of North 61042' 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 89043' 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 ofthe 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. 2011-P 2f'''?/ as partitioned
and recorded 5' MQra; _; 2011 in the Land Partition Plat Record of Lane
County State of Oregon and arcels 2 and 3 of that 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 aJlowed 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 ofthis 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 approvaJs are required by the owners of the parcels of aforesaid partition. Any
revisions to the easement alignment must provide adequate fire trucRfeiE I V E D
RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRIN<i.EJELD, OREGON 97477
t}Y:
- ~
MAY 10 2011
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Recorded at the request of and
after recording return to:
Branch Engineering, Inc,
310 Fifth Street
Springfield, OR 97477
AMENDED
PRlV ATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
This document supersedes and replaces, in their entirety, (1) that certain "PRIVATE 15,00- 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 ofl,eyr {i't"., rHt\l~Tc~rf
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 BARBARA A. SCHULZ, as tenants by the entirety,
Grantees, are the owners of the land that was conveyed as "PARCEL 1" 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 15.00-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 15.00-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 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
:5-....-)\
,)",le Received: ..J _.
Planner: SH
Page 1 of5
.
.
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 of the lands of the 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 IS.00-FOOT WIDE
SANITARY SEWER EASEMENT AND AGREEMENT on this j5J:h day of \4y> ~: 1
2011, .
HYLAND BUSINESS PARK, LLC, Grantor
O ':'a C.
" \'~.
Sign: -, '1.-G--- "'. / ~
Shaun l-li~RlaRd, M ber
". ,\ \
l-'I'{\'\O
DAN~R. S?,' ~y LZ AND BARBARA A. SCHUL, Z, G,}antees ,~/;' I' _,
/~f ~ -~" ~ I)'
/ "J.?I , ..~ ., 7~ _ ' v (.
-SIgn: I -" /,'. fJ' ,.;:1./ Slgn:r;; iP-0't1c'-:"L- ,'" 1~
(.' an ,cf,(~ / Barbara A Schulz /
~ ~
!-''''''
SEE PAGE 3 FOR GRANTOR/GRANTEE ACKNOWLEDGEMENTS
AMENDED PRIVATE IS.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 2 of 5
,-",te Received:
pi~nner: SH
s- Y J\
.
.
,
11"/(a,,,o{
} SS
BE IT REMEMBERED that on this \ 6-t~ day of .A {J '( ~ \ , 2011 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within named Shaun
H~d 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.
STATE OF OREGON
COUNTY OF LANE
IN TESTIMONY WHEREOF, I have hereunto set my hand and aft' ed my official seal the day and year last
above written. ( . 'd'l - IL .
(;<l'~ OFFICIAL SEAL \ ,. ",,'fvv It. I J)/Vl.GtlA{.;Je--10
I~ ;.~:.^ " JOAN M NORMANSEN . .
, ',,' j NOTARY PUBLIC. OREGON " . !, t ),ltJ!'
~ COMMISSION NO. 420502 No ary Public for MaJJ if L I ;r ~v
~1 MMlSSO EXPI so T E 12011 if
1n-1i'lt
My Commission Expires
STATE OF ()'("<1..C:J'<"I } SS
COUNTY OF \....0-." <L
.;.\-\, . \
BE IT REMEMBERED that on this ~ 15 day of A f> -( \ , 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
ANANDA R SHERWOOD
NOTARY PUBUC.OREGON
. COMMISSION NO, 454696
MY COMMISSION EXPIRES DECEMBER 21, 2014
-="'='-~ :.;:
Notary Public for 0 \" e. j to> ..,
\~-~\- ~\y
My Commission Expires
STATEOF O<€.':JC,",
COUNTY OF La..:" 0
} SS
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. G~
;:ss.--s:s.s~"SSS:S'
. OFFICIAL SEAL
, ANANDA R SHERWOOD
. NOTARY PUBUC.OREGON
COMMISSION NO. 454696
MY COMMISSION EXPIRES DECEMBER 21,2014
~.,$:<;: ~~
Notary Public for ('),r ll.. '" 0"
.J
\) - ~\ - d-O\Y
My Commission Expires
", . ,,' cl,,,.e'lved'
',",-. '~.I.:':~... .
~:.;' "\'~r' SH
1"1<..11\1'" '
C;-')~I~
AMENDED PRIVATE 15.00-FOOT WIDE SANITARY SEWER
EASEMENT
AND AGREEMENT
Page 3 of5
.
.
. ,
EXHIBIT "A"
IS.OO-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 of land 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 I" 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 corner 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 County, 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 afore called
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 00002' 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.
REGISTERED
PROFESSiONAL
LAf'!P SURV ,,' OR
OREG l\1
JULY 20, 1993
REX A. BE1"Z
i/' - I" , .!~ 1,'1. 'I'
'.... C t..::)<j-:> ,It. :7( /,(..<;;.')1
AMENDED PRIVATE IS.OO-FOOT WIDE SANITARY SEWER
EASEMENT
t;-~r}1
AND AGREEMENT ,.c:,,;>i:m/ed:
,'ianner: SH
Page 4 of 5
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EXHIBIT "B"
IS.OO-FOOT WIDE PRIVATE
SANITARY SEWER EASEMENT
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IN "PARCEL 1" OF
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AMENDED PRIVATE IS.OO-FOOT WIDE SANITARY SEWER S - :7 r J I
EASEMENT "",C\ilIVed:
AND AGREEMENTIB~ner: SH
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SEWER EASEMENT
(REG. NO. 44744)
AMENDED 15.00'
PRIVATE SEWER
EASEMENT
TRACT "B"
JEFF PARKER
SUBDIVISION
(LANDS OF HYLAND
BUSINESS PARK, LLC)
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
/ie;(/ eft
DREG
JULY 20, 1993
REX A. BETZ
#2606
EXPIRES, December 31, 2011
Page 5 of 5