HomeMy WebLinkAboutEasement APPLICANT 3/4/2004
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AFTER RECORDING RETURN TO:
UNLESS OTHERWISE REQUESTED
SEND ALL TAX STATEMENTS TO:
DECLARATION OF EASEMENT
PARTIES:
LeeLynn, Inc., Wiley Mt Inc.
P.O. Box 518
Creswell, OR 97426
AND
Alberts Development, LLC
P.O. Box 10545
Eugene, OR 97440
hereinafter "Declarants"
1. Consideration. The consideration for this easement is other than monetary and includes
Declarants complying with the terms of the City of Springfield Notice of Decision - Serial
Property Line Adjustment, dated January 23, 2004 in which Declarants are the owners.
2. Real Prooertv. Declarants own six parcels of real property in the MountainGate Development in
Springfield, Oregon, described on Exhibit" A" attached hereto and incorporated herein by
reference and reflected on the map marked Exhibit "B" attached hereto and incorporated herein
by reference.
3. Temoorary Access and Storm and Sanitary Easements
A. Grant of Temporary Access Easements. Declarants hereby grant and declare temporary
sanitary, storm and other utility easements, and temporary access easements 50 feet in
width for vehicle access ingress and egress over and on existing roads within Parcels 1,2,
5 and 6, the location of those roads as more specifically shown on Exhibit "B" attached
hereto and incorporated herein by reference. Said temporary easements are over and
across and burden Parcels 1, 2, 5 and 6 and are appurtenant to and benefit Parcels 1,2,3,
4, 5 and 6.
B. Purpose. The purpose of the temporary access easements described is to provide
temporary emergency access over the existing roads on the property as more particularly
described and set forth in Exhibit B and to provide temporary sanitary storm and other
utility easements as may be necessary to accommodate the development of Parcels I, 2,
3, 4, 5 and 6.
Date Received: 3 -'f -()~
Planner: J'D
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DECLARATION OF EASEMENT Page-l- ~A-~A~.
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4. Grant of Temporarv Stormwater Easements. Declarants also grant temporary easements for
stormwater drainage over, across, and upon existing open water drainage channels necessary to
serve Parcels 1,2,3,4,5 and 6. The precise location of such open water drainage channels shall
be established by Declarants after consultation with City of Springfield. Said temporary
stormwater drainage easements are over and across and burden Parcels I, 2, 3, 4,5 and 6 and are
appurtenant to and benefit Parcels I, 2, 3, 4, 5 and 6.
5. Grant of Other Necessarv Temporarv Public Utility Easements. Declarants acknowledge that
other easements may be necessary for public utilities to serve Parcels 1,2,3,4,5, and 6. If
deemed necessary by the City of Springfield, Declarants shall, after consultation with the City of
Springfield, designate the location of such easements on Parcels I, 2, 3,4, 5 and 6 prior to the real
properly underlying such public utility easement being improved or utilized for another purpose.
6. All Costs Necessarv for the Establishment Maintenance and Termination of the Temporarv
Easements Described in Sections 3. 4 and 5. All cost and maintenance of such easements,
including but not limited to the establishment, construction, maintenance and termination of any
roads and easements, shall be apportioned among the owners of Parcels 1-6 in proportion to their
respective use of such easements.
7. Termination. It is the intent of the Declarants and the agreement of the City that the easements
provided by this Declaration are temporary. They shall cease, desist, and expire upon the
recordation of Subdivision Plats upon Parcels 1,3,5 and 6 and the recordation of the conveyance
of Parcels 2 and 4 to Willamalane Park and Recreation District, whichever shall last occur. This
Declaration shall also cease to exist upon any portion of the parcels that are included within a
recorded subdivision plat, and easements contained herein shall not apply to any lots or parcels
included in such recorded subdivision plat. If necessary to provide record notice of such
expiration, City shall sign appropriate documents for recordation.
8. NON-MERGER. There shall be no merger of this instrument or of the easements created by this
instrument with the fee estate in the real properties described herein by reason of the fact that
these easements or any interest in the easements may be held, directly or indirectly, by or for the
account of any person who shall own all or any portion of the fee estate in the real properly. It is
the Declarants' intent that until the conditions for termination are met as set forth in Section 7, the
easements created by this instrument are and shall always remain separate from, and shall not
merge with, the fee ownership of the real properties.
LEEL YNN, INe.
By:
Date
WILEY MT. INe.
By:
Date
ALBERTS DEVELOPMENT, LLC
By:
Date
"'NOTARIES TO APPEAR ON NEXT PAGE'"
DECLARATION OF EASEMENT Page-2-
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STATE OF OREGON )
)ss
County of Lane )
This instrument was acknowledged before me on
as of LeeLynn, Inc.
, 2004 by
Notary Public for Oregon
My Commission Expires:
ST ATE OF OREGON )
)ss
County of Lane )
This instrument was acknowledged before me on
as of Wiley MI., Inc.
, 2004 by
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
)ss
County of Lane )
This instrument was acknowledged before me on , 2004 by
as of Alberts Development LLC.
Notary Public for Oregon
My Commission Expires:
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DECLARATION OF EASEMENT Page-3-