HomeMy WebLinkAboutAgreement APPLICANT 10/26/2006 (3)
.r
.
.
DECLARATION OF PRIVATE JOINT ACCESS EASEMENT AND
MAINTENANCE AGREEMENT
RECITALS:
SunTrust 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 Section 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 into 129 lots 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 44 through 46 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 44
through 47 and Tract "A".
2. Purpose. The easement is created to allow access, ingress and egress, and
driveway purposes for said Lots 44 through 47 and Tract "A" for the maintenance
. thereof.
3. Use of Burdened Prooertv. 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 Reoairs. The cost of any maintenance or repair of the area
within the easement shall be apportioned between the owners of said Lots 44
through 47, proportionate to each party's use of the easement.
5. Successors in Interest. The provisions of this instrument touch and
concern, and relate to the use of said Lots 44 through 47, and are intended to be
covenants and restrictions running with the land.
After recording return 10: SunTrusl Land Company, LLC, 780 NW York Drive Suite 204, Bend, DR 97701
Access Easement and Maintenance Agreement - Page 1,
Date Received: / D.llp-O Co
Planner: I o.f If p~
.-
.
.
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 ZStf\.dayof ()c!(o'<;e.,7 ,2006.
.~~ ~
Mark Vukanovich, Member
SunTrust Land Company, LLC
STATE OF OREGON )
) ss.
County of Lane )
On C1:;jo/)te 2~ , 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.
official seal.
e; . : ,', OFFICIAL SEAl.
\, ..../ . N LLOYD L. TOLBERT
"" c~~~Y PUBLIC - OREGON
MY COMMISSION E~~~~~~ NO. 405406
, - JUNE 4,2010
,.-.-
21v..,~. ~;) ZoIC>
-
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 89013'27" West 261.45 feet;
thence South 01031 '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
40050'12" East 83.78 feet) a distance of 83.83 feet; thence South 37036'59" East 979.83 feet;
thence along the arc ofa 542.57 foot radius curve left (the chord of which bears South 52041'29"
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 52007'55" East
324.78 feet) a distance of 328.85 feet; thence leaving said northerly right of way; bearing North
52053'06" East 14.48 feet; thence along the arc of a 280.00 foot radius curve left (the chord of
which bears North 78053'10" East 503.32 feet) a distance of 625.52 feet; thence North 14053'14"
East 87.89 feet; thence along the arc of a 430.00 foot radius curve left (the chord of which bears
North 13018'31" East 23.69 feet) a distance of 23.69 feet; thence South 29058'27" East 22.09
feet; thence South 75006'46" East 58.86 feet; thence along the arc of a 325.00 foot radius curve
right (the chord of which bears South 71052'34" East 36.70 feet) a distance of 36.72 feet; thence
North 21021'38" East 110.00 feet; thence North 00029'45" East 165.70 feet; thence North
41000'26" West 112.74 feet; thence North 14037'42" West 83.91 feet; thence North 08035'16"
West 74.63 feet; thence North 04059'22" West 76.49 feet; thence North 05002'04" East 77.27
feet; thence North 79055'40" West 130.00 feet; thence along the arc of a 570.00 foot radius curve
right (the chord of which bears North 11022'46" East 26.01 feet) a distance of 26.01 feet; thence
South 79055'40 East 130.15 feet; thence North 14002'21" East 173.21 feet; thence North
75057'39" West 130.00 feet; thence North 14002'21" East 26.00 feet; thence South 75057'39"
East 130.00 feet; thence North 14002'21" East 90.00 feet; thence South 75057'39" East 180.00
feet; thence North 14002'21" East 206.00 feet; thence South 75057'39" East 22.15 feet; thence
North 36"39'21" East 716.22 feet, to the southwest corner of Lot 108 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
03009'30" 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 48003'28" West 176.97 feet;
thence along the arc of a 80.00 foot radius curve right (the chord of which bears North 13035'04"
East 39.13 feet) a distance of 39.53 feet; thence North 62015'41" West 60.00 feet; thence North
42047'48" West 204.72 feet; thence North 61025'21" West 101.56 feet; thence North 58023'57"
West 308.47 feet; thence North 01036'03" East 161.66 feet to the point of beginning, all in Lane
County, Oregon.
Access Easement and Maintenance Agreement - Page 3i
I
.
.
.
"EXHIBIT B"
Legal Description for 20.0 foot Access Easement
Beginning at the most northerlly northwest corner of Lot 47, MOUNTAINGATE WEST,
Recorded , Document No. , Lane County Oregon
Deeds and Records; thence along the northwesterly boundary of said Lot 47 and its southerly
extension South 49014'00" West 41.45 feet; and South 40009'52" West 239.80 feet to the
southwesterly boundary of Lot 46 of said MOUNTAINGATE WEST; thence along said
southwesterly boundaries of Lot 46 and 45 thereof North 49050'09" West 20.00 feet; thence
leaving said southwesterly boundary of Lot 45 bearing North 40009'52" East 241.39 feet; thence
North 49014'00" East 46.44 feet to the north margin of Graystone Loop, being 25.00 feet from,
when measured at right angle to, the centerline of said Graystone Loop; thence along said south
margin along the arc of a 175.00 foot radius curve left (the chord of which bears South 31006'37"
East 20.29 feet) a distance of 20.30 feet to the point of beginning, all in Lane County, Oregon.
\
Access Easement and Maintenance Agreement - Page 4