Eugene Sand & Gravel Storage Agreement

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CITY~FILE N0. APPRIDVED AND ACCEPTED DY CrI'Y OF Ia1GENE, ORG('><)N City Deputy Recorder Date TEMPORARY STORAGE AND ACCESS EASEMENT NORTH DELTA PIT, LTU, a limited partnership formed and existing under the laws of the State of Oregon and EUGENE SAND and GRAVEL, a CORPORATION formed and existing under the laws of the State of Oregon, GRANTORS, grants to the CITY OF EUGENE, an OREGON MUNICIPAL CORPORATION, GRANTEE, a temporary storage and access easement for the temporary placement and storage of approximately 30,000 (in place) cubic yards of soil to be transported from the Dragon Fly Bend project at Greenhill Road and Royal Avenue, to be deposited on the grantee's property, more specifically described as: An area of land that is partially on tax lot 600 and partially on tax lot 800, on Assessor map: 17-03-06. See attached Exhibit "A" for approximate location for temporary soil placement The City of Eugene and its assigns and their employees, agents, and contractors shall have the right of access to Grantors' real property for the specified purposes and at reasonable times to be determined. The temporary soil storage area is estimated to cover two acres of Grantors' property to an elevation of 18 to 20 feet. The duration of storage is estimated to be two years begiiuiing approximately August 16, 2004 and ending approximately September 1, 2006. if the material is not removed by September 1, 2006, the parties may agree to an extension, if mutually acceptable to the parties. If the parties are unable to agree on an extension of the agreement, then the Grantee shall remove the materials from the Grantor's property within 60 calendar days. Grantee shall compensate Grantors at the.rate $0.03 per cubic yard of soil material per month. Transport of soil is expected to be completed in mid-October. The monthly storage payment i_s to be prorated and calculated by Grantors, with a monthly statement to be sent to Grantee, c/o Kevin Finney, 858 Pearl Street, Eugene, OR 97401. Payment is due Grantors within 30 days of receipt of the monthly billing by Grantee. The parties further agree that: 1) The stock pile and adjacent area will be graded to mininuze ponding of water; 2) The stock pile will not be covered or seeded (a vegetated buffer of the site will provide erosion protection to adjacent stormwater facilities). Minimum exposure to seed sources is desired by Grantor; 3) The contractor for Dragon Fly Bend will be responsible for access road maintenance including deist control. At the time the soil is hauled off the site, the contractor for the Delta Ponds project will be responsible for access road maintenance, including dust control; 4) Upon removal of the soil, the site will be graded as close to its original condition as possible. No seeding or other site work will be required. The true and actual consideration for this easement is (see a>reement above). Dated this day of C~ ~ Pvhl~' , 2004 ~ X ~ ~ :r ~ ~ ti~- STAT)? OF OREGON, Cowity of Lane, ss: This instrarnent was acknowledged before me this____ ~ day ot'_~~.~'~ ~ C'~ti1~X• 1~ , 20L04 by Mika.. 0.t l4u~k~..r~- who is the l.c~r~1~~'" and the ~(~~'`~~C~C~d1~ 1 of Grantor Partnership and Grantor Corporation, on behalf of the Partnership and the Corporation, re pee 'vely. UFi ICIALSEAL`~~j DOROTHY K HILBURN U-K- NOTARY PUBLIC-OREGON Notary ub ~c For Oregon COMMISSION N0. 368595 MY COMMISSION EXPIRES JUNE 29, 2007 (o ~ 02 O 7 My Commission Expires AFTER RECORDING RETURN TO: City of Eu cu~~ e, City Recorders Oii-ice, Eugene, OR 97401 17-03-OG-00,'fl. tt6O0 & RUO