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HomeMy WebLinkAboutAgreement APPLICANT 10/26/2006 (2) r I . . DECLARATION OF PRIVATE JOINT ACCESS EASEMENT AND MAINTENANCE AGREEMENT RECITALS: Sun Trust Land Company, LLC (SUNTRUST) is the owner of the following described real property located in the SW 1/4 of Section 34 located in Township 17 South, Range 2 West and the NW 1/4 of S ection 3 & NE 1/4 of Section 4 located in Township 18 South, Range 2 West of the . Willamette Meridian. The legal description of said real property is shown on attached Exhibit "A". The owner is subdividing said real property int~ts as shown on MOUNTAINGATE WEST recorded , 2006, Document No. 2006- , Lane County Deeds and Records, located in Lane County, Oregon. This easement is being created to satisfy a condition of approval (by City of Springfield) and impacts Lots 25 through 27 of said MOUNTAINGATE WEST. DECLARATION OF EASEMENT: 1. Easement Created. SUNTRUST hereby creates a perpetual easement as described in attached Exhibit "B" for the mutual exclusive use of said Lots 24 through 28 and 62. 2. Purpose. The easement is created to allow access, ingress and egress, and driveway purposes for said Lots 24 through 28 and 62. The easement may also act as an emergency vehicle access together with the right to enter upon the above described premises for related services. 3. Use of Burdened Property. The owners or occupiers of the properties 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 not interfere with the use of the easement as granted by this instrument. 4. Maintenance and Repairs. The cost of any maintenance or repair of the area within the easement shall be apportioned between the owners of said Lots 24 through 28 and 62, proportionate to each party's use of the easement. In the instance where Lot 62 chooses not to take access via said easement, Lot 62 shall be released from the maintenance thereof. After recording return to: SunTrust Land Company, LLC, 780 NW York Drive Suite 204, Bend, OR 97701 Access Easement and Maintenance Agreement - Page 1 , I . Date Recej~II5!;. {OC Planner. } { I lof tf0~ , J . . 5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the use of said Lots 24 through 28 and 62, 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 parties who own any of the aforementioned tracts. Dated this Z:sRday of ~$eZ...., 2006. ~~ ~ --M rk Vukanovich, Member SunTrust Land Company, LLC STATE OF OREGON ) ) ss. County of Lane ) On r"':rr:;O,)p-? Z-:;- ,2006, before me, personally appeared Mark Vukanovich acting in his capacity of Member, SunTrust Land Company, LLC, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that by his signature he has executed the instrument as his voluntary act and deed. I) OFFICIAL SEAL "./'; . N~iA~~~;B~~_L~REE~~N ", COMMISSION NO. 405406 W!'( COMMISSION EXPIRES JUNE 4, 2010 l-\.) "Zo \0 Access Easement and Maintenance Agreement - Page 2 ." ; . . "EXHIBIT A" Beginning at a 5/8 inch rebar with a yellow plastic I.D. cap stamped "Branch Eng Inc" located at the most westerly northwest corner of Lot 54, Mountaingate, recorded May 10, 2005, Document No. 2005-33764, Lane County Oregon Deeds and Records; thence North 88"07'50" West 826.18 feet; thence South 01"40'40" West 730.64 feet; thence North 89"13'27" West 14.45 feet; thence South 52"05'49" East 24.58 feet; thence South 37"54'12" West 300.00 feet; thence North 52"05'49" West 150.00 feet; thence North 37"54'17" East 205.05 feet; thence North 89"13'27" West 128.29 feet to a brass cap marking the northwest corner of Section 3, Township 18 South, Range 2 West of the Willamette Meridian; thence continuing North 89"13'27" West 261.45 feet; thence South 01"31 '18" West 688.66 feet, to the northerly right of way of Weyerhaeuser's private roadway; thence along said northerly right of way the following five (5) courses and distances: thence along the arc of a 745.71 foot radius curve right (the chord of which bears South 40"50'12" East 83.78 feet) a distance of 83.83 feet; thence South 37"36'59" East 979.83 feet; thence along the arc of a 542.57 foot radius curve left (the chord of which bears South 52"41 '29" East 282.23 feet) a distance of 285.51 feet; thence South 67"45'59" East 192.07 feet; and thence along the arc of a 602.57 foot radius curve right (the chord of which bears South 52"07'55" East 324.78 feet) a distance of 328.85 feet; thence leaving said northerly right of way; bearing North 52"53'06" East 14.48 feet; thence aiong the arc of a 280.00 foot radius curve left (the chord of which bears North 78"53'10" East 503.32 feet) a distance of 625.52 feet; thence North 14"53'14" East 87.89 feet; thence along the arc of a 430.00 foot radius curve left (the chord of which bears North 13"18'31" East 23.69 feet) a distance of 23.69 feet; thence South 29"58'27" East 22.09 feet; thence South 75"06'46" East 58.86 feet; thence aiong the arc of a 325.00 foot radius curve right (the chord of which bears South 71"52'34" East 36.70 feet) a distance of 36.72 feet; thence North 21"21 '38" East 110.00 feet; thence North 00"29'45" East 165.70 feet; thence North 41 "00'26" West 112.74 feet; thence North 14"37'42" West 83.91 feet; thence North 08"35'16" West 74.63 feet; thence North 04"59'22" West 76.49 feet; thence North 05"02'04" East 77.27 feet; thence North 79"55'40" West 130.00 feet; thence along the arc of a 570.00 foot radius curve right (the chord of which bears North 11"22'46" East 26.01 feet) a distance of 26.01 feet; thence South 79"55'40 East 130.15 feet; thence North 14"02'21" East 173.21 feet; thence North 75"57'39" West 130.00 feet; thence North 14"02'21" East 26.00 feet; thence South 75"57'39" East 130.00 feet; thence North 14"02'21" East 90.00 feet; thence South 75"57'39" East 180.00 feet; thence North 14"02'21" East 206.00 feet; thence South 75"57'39" East 22.15 feet; thence North 36"39'21" East 716.22 feet, to the southwest corner of Lot 1 08 of Mountaingate First Addition recorded April 3, 2006, Document No. 2006-022556, Lane County Oregon Deeds and Records; thence along the southerly boundary of said Mountaingate First Addition North 03"09'30" East 72.43 feet; and North 87"08'24" West 547.98 feet, returning to the southwesterly boundary of above-mentioned Mountaingate; thence along said southwesterly boundary of Mountaingate the following seven (7) courses and distances: North 48"03'28" West 176.97 feet; thence along the arc of a 80.00 foot radius curve ri9ht (the chord of which bears North 13"35'04" East 39.13 feet) a distance of 39.53 feet; thence North 62"15'41" West 60.00 feet; thence North 42"47'48" West 204.72 feet; thence North 61"25'21" West 101.56 feet; thence North 58"23'57" West 308.47 feet; thence North 01"36'03" East 161.66 feet to the point of beginning, all in Lane County, Oregon. Access Easement and Maintenance Agreement - Page 3 " . .1 "EXHIBIT B" Legal Description for 26.0 foot Access Easement Beginning at the northeast corner of Lot 24, MOUNTAINGATE WEST, R~corded I Document No. , Lane County Oregon Deeds and Records; thence along the easterly boundary of said Lot 24 and its southerly extension the following four (4) courses and distances: South 08052'10" West 11.90 feet; thence along the arc of a 25.00 foot radius curve right (the chord of which bears South 26"48'45" West 15.40 feet) a distance of 15.66 feet; thence South 44"45'18" West 66.40 feet; and alon9 the arc of a 113ioo foot radius curve left (the chord of which bears South 26048'45" West 69.62 feet) a distance of 70.77 feet; thence South 08052'10" West 126.41 feet; thence along the arc of a 25.00 foot radius curve right (the chord of which bears South 53052'10" West 35.36 feet) a distance of 39.27 feet; thence North 81007'50" West 10.00 feet; thence South 08052'10" West 24.00 feet; thence South 81007'50" East 10.00 feet; thence along the arc of a 25.00 foot radius curve right (the chord of which bears South 36007'50" East 35.36 feet) a distance of 39.27 feet; thence South 08052'10" West 42.30 feet; thence along the arc of a 251.00 foot radius curve left (the chord of which bears South 06030'16" West 20.72 feet) a distance of 20.72 feet to the southerly boundary of Lot 27 of said MOUNTAINGATE WEST; thence along the southerly boundary of said Lol24 and its easterly extension South 81007'50" East 26.10 feet to westerly boundary ofLot 66 of said MOUNT AINGA TE WEST; thence lot the westerly boundaries of Lots 66, 65 and 62 of said MOUNTAINGATE WEST the following six (6) courses and distances: along the arc of a 225.00 foot radius curve right(the chord of which ,bears North 06013'49" East 20.72 feet) a distance of 20.73 feet; thence North 08052'10" East 242.71 feet: thence along the arc of a 87.00 foot radius curve right (the chord of which bears North 26048'44" East 53.60 feet) a distance of 54.49 feet; thence North 45014'18~ East 66.40 feet; thence along the arc of a 51.00 foot radius curve left (the chord of which bears North 26048'44" East 31.42 feet) a distance of 31.94 feet; and North 08052'10" East 11.48 feet to the southerIY"margin of Graystone Loop, being 25.00 feet from, when measured at right angle to, the centerline of said Graystone Loop; thence along said southerly margin along the arc of a 200.00 foot radius cu",e left (the chord of which bears North 79016'01" West 13.01 feet) a distance of 13.01 feet; and North 81007'50 West 13.00 feet to the point of beginning, all in Lane County, Oregon. 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