HomeMy WebLinkAboutAgreement APPLICANT 10/26/2006 (6)
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DECLARATION OF PRIVATE JOINT ACCESS/UTILITY 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 ot 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 123 - 125 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 123-
125 and that certain tract of land currently owned by Springfield Utility Board
lying adjacent to Lots 123 and 124, being shown on Assessor's Map No. 18-02-
03 as Tax Lots 800 & 801.
2. Purpose. The easement is created to allow access, ingress and egress, and
driveway purposes for said Lots 123-125 and said Tax Lots 800 & 801. The
easement may also be used by the aforementioned parcels for the installation,
construction, inspection, maintenance, repair, reconstruction, and replacement
of private utilities and facilities, such as storm drainage, wastewater, electric
facilities and CATV for said Lots 123-125 as long as such use does not interfere
with ingress/egress access.
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 123 -
125 and said Tax Lots 800 & 801, proportionate to each party's use of the
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easement. t
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After recording return to: SunTrust Land Company; LLC, 780 NW York Drive Suite 204, Bend, OR 97701
Access Easement and Maintenance Agreement - Page 1
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5. Successors in Interest. The provisions of this instrument touch and
concern, and relate to the use of said Lots 123 -125 and said Tax Lots 800 &
801, 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 CtsfA. day of Ocro/)cL., 2006.
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~Mark Vukanovich, Member
SunTrust Land Company, LLC
STATE OF OREGON )
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County of Lane )
On Ocro~ z- 5" , 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.
Witness my hand and official seal.
. OFFICIAL SEAL '
i .;~ LLOYD L. TOLBERT '
~. NOTARY PUBLIC - OREGoN
~ COMMISSION NO. 405406
MY COMMISSION EXPIRES JUNE4, 2010
i regon
ssion Expires: ~cLt. ~
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"EXHIBIT An
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 along 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 along 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 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
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 right (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.
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"EXHIBIT B"
Legal Description for 26.0 foot Access Easement
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Beginning at the southwest corner of Lot 125 MOUNTAINGATE WEST, Recorded
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Document No. , Lane County Oregon Deeds and Records, said
corner being located on the west margin of South 59th Street, being 20.00 feet from, when
measured at right angle to, the centerline of said South 59th Street; thence along said west
margin of South 59th Street North 09028'10 East 28.10 feet to the northerly terminus of South
59th Street and the True Point of Beginning; thence along the east boundary of said Lot 125
North 05024'56" East 135.74 feet; thence leaving said east boundary of Lot 125, bearing South
84035'04" East 39.66 feet to an angle point on the boundary of Lot 124 of said MOUNTAINGATE
WEST; thence along said boundary of Lot 124 South 52005'49" East 20.00 feet to the most
northerly northwest corner of Lot 123 of said MOUNTAIN GATE WEST; thence along the west
boundary of said Lot 123 South 37054'12" West 56.85 feet; and South 05024'56" West 78.89 feet,
returning to the aforementioned northerly terminus of South 59th Street; thence along said
northerly terminus North 80031 '51" West 26.07 feet to the True Point ot'Beginning, all in Lane
County, Oregon.
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