HomeMy WebLinkAboutMiscellaneous Easement 2011-3-22
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0121265620110014049005005203/22/2011
RPR-ESMT Cnl=2 Sln=1 CRSHIER 05
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11 :28:58 AM
Lane Counly Clerk
Lane Counly Deeds' and Records
DECLARATION OF A VARIABLE WIDTH PRIVATE JOINT USE ACCESS AND
UTILITY EASEMENT AND MAINTENANCE AGREEMENT
KNOW ALL MEN IlY THESE PRESENTS, that Back Porch Properties, LLC are the owners of Lots 1-6 of BACK
PORCH PROPERTIES subdivision, recorded 22 /Jar. ,2011, Reception No. 2011-
/~o </8 as filed in Lane County Official Records, Lane County, Oregon.
FURTHER, said Owners create a variable Width Private Joint Use Access and Utility Easement, across Lots 1-6, for
the benefit of Lots 1-6, as shown on said Subdivision and herein as Exhibit "A".
FURTHER, said Owners, Heirs, Assigns or Successors of Lots 1-6 will share said easement and said Owners, Heirs,
Assigns or Successors of Lots 1-6 will enter into a Maintenance Agreement.
NOW THEREFORE, it is hereby agreed and declared that:
I. The Owners, Heirs, Assigns and Successors of the above named Lots of said Subdivision shall share
equally in the costs of maintenance and operatioI1 of said Easement.
2. The Owners, Heirs, Assigns and Successors of said Lots may construct and maintain private utilities
over and across said Easement.
3. The Owners, Heirs, Assigns and Successors of said Lots shall cause said Easement to remain free of
structures and parked vehicles and shall be available for access to the public road at all times.
4. Maintenance to the access facilities shall be undertaken at such time as the m'ajority of the owners,
being served by said Easement deem it desirable.
5. Maintenance to the stormwater facilities shall be undertaken at such time as the majority of the owners,
being served by said Easement deem it desirable or at such a time as necessary to ensure the
functionality of said facilities. See Exhibit "B" for more details of the Vegetation Management
Operations and Maintenance Plan. ' ,
6. Emergency vehicles shall have th~ right to enter upon said Easement for the purpose of emergency
vehicle access.
FURTHER, The provisions of this instrument touch and concern, and relate to the use of Lots 1 -6, and are intended
to be covenants and restrictions running with the land.
The true and actual consideration of this declaration is $ 0.00.
Granted and d c1ared this A
day of
kzt.
,2011.
~
6 gory D. Larkin, anaging Member
Ilack Porch Properties, LLC
State of Oregon
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) 55.
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l<~"-~n~y , 2011 by Gregory D. Larkin,
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t.~.... .' OFFICIAl SEAl
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V;jjiJ;J I:Or'1RY PUBl/C.QREGON
MY COMMg~~~~~~~:j~t~~Y 10
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Upon recording please return to: Olson & Morris, 380 Q Street Suite 200, Springfield, OR 97477
4123- Variable Width Private Joint Use Access and Utility Easement and Maintenance Agreement
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EXHIBIT "B"
VEGETATION MANAGEMENT
FACILITIES THIS APPLIES TO
. Vegetated facilities: ecoroofs, infiltration basins, planters, ponds, sand filters,
swales, trees, vegetated filters, and wetlands.
IMPORTANCE TO FACILITY PERFORMANCE
Plants play an important role in stormwater facilities. They absorb water, improve
infiltration rates of soil, prevent erosion by stabilizing so~ cool water, and capture
pollutants. Plants create habitat for birds and other wildlife and provide aesthetic value
to a property. Proper maintenance of vegetation improves the appearance and
performance of facilities.
WHAT TO LOOK FOR
When identifying maintenance needs, it is helpful to have a copy of the landscape plan;
this shows the required plants for the facility. Facilities should be checked for
maintenance needs quarterly for the first 2 years and twice a year after that.
A facility needs maintenance when:
. Areas of soil are bare.
. Vegetation is'buried by sediment.
. Vegetation appears unhealthy or has died.
. Nuisance and invasive plants are present.
. Vegeta tion is compromising the facility's structure by blocking inlets or
outlets, or roots are intruding into a component <;Jf the facility.
. Dropped leaves and other debris are contributing to sediment accumulation
or are blocking inlets or outlets.
WHAT TO DO
Maintenance activities Can easily be incorporated into existing site landscape
maintenance contracts. Vegetation can be maintained with a formal or more natural'
appearance, depending on your preference.
General Maintenance
. Remove dropped leaves, dead plants, and grass and other plant clippings.
Plant debris adds nutrient pollution as it breaks down and can clog facility
piping and reduce infiltration.
. Avoid using fertilizers, herbicides, or pesticides in the facility. These
products add to the pollution problems the facilities are designed to remedy.
Chapter 3: Operations and Maintenance
Portland Stonnwater Management Manual- August 1, 2008
3-25
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EXHIBIT "B" CONTINUED
VEGETATION MANAGEMENT (continued)
General Maintenance (continued)
o Use mulch to inhibit weed growth, retain moisture, and add nutrients.
Replenish when needed. Ensure that mulch does not inhibit water flow in the
flow pa tho
o Irrigate all new plantings as needed for the first 2 years.
Caring for Wanted Vegetation
Facility owners are responsible for maintaining healthy vegetation and must
replace any plants that have died or been removed.
.0 You are required to maintain vegetation to the density approved on your
landscape plan or specified in the facility description in Chapter 2.
o Replant with vegetation approved for use in the original planting plan or
from the recommended plant list in Appendix F.4.
o Plant in late fall or early spring so plant roots can establish during the cool,
rainy seasons, before summer.
o Amend, aerate, and/ or till compacted soils before replanting by adding
compost to increase nutrients and enhance soil texture.
o If plants ~e not surviving, determine the reason for the plant die-off.
Survivability may be improved by planting vegetation better suited for the
site conditions or by irrigating more. . You may need to test planting bed soils
for pH, moisture, and other factors such as nutrient levels, soil structure, and
organic matter content.
o Grassy facilities are designed for routine mowing. Mowat least twice a year.
o Grass should be mowed to keep it 4 to 9 inches taIl.
o Grass that is at least 4 inches taIl captures more pollutants and is hardier.
Grass over 10 inches tall is considered a nuisance by City regulations.
Nuisance and Unwanted Vegetation
o Remove nuisance and invasive vegetation such as Himalayan blackberry,
English ivy, and reed canarygrass before it goes to seed in the spring. Do
additional weeding in the fall. A list of nuisance plants can be found in the
Portland Plant List. (See Additional Resources, below.)
o Immediately remove vegetation that is clogging or impeding flow into the
facility.
o Remove potentially large and deep-rooted trees or bushes when they might
impede the flow path or compromise facility structures.
o Provide erosion control on any dirt exposed by vegetation removal.
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Chapter 3: Operations and Maintenance
Porlland Stormwater Management Manue/:- August I, 2008
EXHIBIT "B" CONTINUED
. VEGETATION MANAGEMENT (continued)
Wildlife
Vegetated facilities create habitat, especially for birds. . The Migratory Bird Treaty
Act protects all native bird species. Birds and other animals will generally adjust
to human activity. However, there are simple measures that should be taken to
avoid disturbance:
. Wall< the site before you do maintenance. Look for nests, burrows, and
animals in the facility. Reroute around animal areas by at least a few yards.
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ADDlTIONAL.RESOURCES
City of Portland resources:
Naturescaping courses, native and invasive plant posters:
www.portlandonline.comfbesf index.cfm?c~dcbec
Environmental SerVices Watershed Revegetation Program:
www.portlandonline.comfbesf index.cfm?c~dffci
Chapter 3: Operations and Maintenance
Portland Stormwater Management Manual - August 1, 2008
3-27
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Portland Plant list (native and nuisance plants)
www.portlandonline.comfsharedf cfmf iroage.cfm?id~58951
Plant identification:
Native Plant Society: 503-460-3198
www.npsoregon.orgf
Master Gardeners:
www.orst.edufextensionfmgf
Native plant nurseries:
Plant Native:
www.plantnative.cirg
Lane County Cle~k
Lane County Deeds and Reco~ds
,~1I.~ I ~~O~
PUBLIC ELECTRIC
UTILITY EASEMENT
111111111111111 11111111111111111111111111111" III $42,00
01212657201100140500010012 8
03/22/2011 11:28:5 AM
RPR-ESMT Cnt=l Stn=l CRSHIER 05
$5.00 $10.00 $11.00 $16.00
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Gregory D. Larkin, Managing Member, Back Porch Properties, LLC, for
agood and valuable consideration, the receipt whereof is hereby acknowledge, does hereby grant unto the City of Springfield, a municipal
corporation, acting by and through its SPRINGFIELD UTILITY BOARD, and unto its successors and assigns, a perpetual easement along
with the right to enter upon the lands of the undersigned situated in the City of Springfield, State of Oregon, and more particularly described
as follows:
Beginning at a point that is South 88"20' 15" East] 2.2] feet from the Southwest comer of Lot 5 of BACK PORCH PROPERTIES
subdivision, recorded 22 AQrch ,2011, Reception No. 2011- /~o~8 as fi'led in Lane
County Official Records, Lane County, Oregon; thence run North I '54'39" East 2.50 feet; thence South 88'20' 15" East 5.00 feet; thence
South I '54'39" West 5.00 feet thence; North 88'20' IS" West 5.00; thence North I '54'39" East 2.50 feet to the point of beginning. Said
property is shown on attached said subdivision.
And to place, construct, operate, repair, maintain, relocate, and replace therein an underground electric distribution line, including vaults,
transformers and other necessary facilities, to remove and replace fences and lawns to the extent necessary to construct, maintain, and
protect said lines. SUB shall have a right to permanently maintain the underground facilities, and its agents and employees shall have the
right to go upon said real property for the purpose of constructing, operating, maintaining, and repairing the underground facilities, to
remove and replace fences, lawns, and trees to the extent necessary to construct, operate, maintain, and protect said lines and facilities,
provided SUB shall leave the real property in the same condition as before, excluding reasonable, fair wear and tear arising from such
activities. No part of any building or any permanent structure will be placed in the easement areas, other than pavement, curbs, sidewalks,
and driveway aprons, made with such materials as Grantor deems appropriate, without the express consent of SUB.
This easement does not restrict the installation ofQwest Communications and Comcast facilities provided installations meet Springfield
Utility Board's approval. .
The undersigned covenants that it is the owner ofthe above described property and that such property is free and clear of encumbrances and
liens of whatsoever character except all covenants, conditions, restrictions, encumbrances, easements, and liens, ifany, affecting title which
appear in the public records, any of those visible fTom a physical examination of the property.
nde sign d has set his hand and seal this -& day o~ ' 20] ].
~
D. Larkin, Man ging Member
Back Porch Properties, LLC
STATE OF OREGON )
) ss
COUNTY OF LANE )
BE IT REMEMBERED that on the ~day ofF,-~(,.,,-y ,2011, before me, the undersigned, a Notary Public in and for the State of
Oregon, personally appeared the within named Gregory D. Larkin, who is known to be the Managing Member, who executed within
instrument on behalf of Back Porch Properties, LLC, who executed the same fTeely and voluntarily pursuant to its by laws or a resolution of
its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year last above written.
OfO~~
My commission, expires:
/-10-1'-(
OFFICIAL SEAL
MTHRYN M CONNELLY
NOTARY PUBLIC-oREGOI'I
MY C COMMISSION NO. 445631
,. 9.~~I~S!ort~X,=!RE.S JANUARY 10, 2014
Springfield Utility Board accepts this easement.
/ p:;/
Approved by: ~~""7~-<"~~-
~Ol1a Meduna
'"' 'Electric Director
Springfield Utility Board
Upon recording please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR. 97477