Eugene Sand & Gravel Storage Agreement

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' C1TY FII.ENQ.` APPROVE,: AND ACCEPTED BY CITY OF ELIOENF, ORI"s(iON ty 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 fornud 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 soii to be transported from the Dragon FIy Bend project at Greenhill Road and Royal Avenue, to be deposited on the grantee's property, more specifically descnbed as: An area of land that is partially on tax lot 600 and partially on tax lot 800, on Assessor map: 17-03-06. Sce attached Exhibit "A" for approximate location for temporary soil placement The City of Ettgene 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 beginning approximately August 16, 2004 and ending approximately September 1, 2006. If the material is not removed by September 1, 2006, the parties tray 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 is to be prorated and calculated by Grantors, with a monthly statement to be sent to Grantee, cJo Kevin Finney, 858 Pearl Street, Eugene, OR 9740I . 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 minimize ponding of water; 2} The stock pile will not be covered or seeded (a vegetated buffer of the silo will provide erosion protection to adjacent stormwater facilities). Minimum exposure to seed sottrces is desired by Grantor; 3) The contractor for Dragon Fly Bend will be responsible for access road maintenance including dust control. At the time the soil is hauled off the situ, 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 ciose to its original condition as possible. No seeding or other site work will be required The true and actual consideration for this easetnetit is (see agreement above). Dated this day oi' SC E'UY1~1~1/ , 2004 ~ ~ STATE OF OREGON, County of Lane, ss: t f' This instrument was acknowledged before me this day of C~'~.~ C'y11YX' 1'-' , 2004 by Mika. C~tlku-ck~r' who is the ~,~C'~1'E?~ and the ,pr~lC~et/1~ of Grantor Partnership and Grantor Corporation, on behalf of the Parp~ers}tip and the Corporation, r pee 'vely. UFFICIALSEAL - 1, DOROTHY K Htl.8t1RN K- ` NUTAFY PUBLIC•OAEGON Notary ub 'c For Oregon COMM15510N N0.368595 MY COMMISSION EXPIRES JUNE 29, 2007 ~ a g f O 7 My Commission Expires AFTER RECORDING RETURN TO• City of Eueene, City Recorders Offices Eueette OR 97401 17.03-06.00,'1'[.1!600 & 800