1 – TEMPORARY CONSTRUCTION EASEMENT
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City of La Pine
Water and Wastewater System Improvements – Temporary Construction Easement
Pr
oject: City of La Pine Water and Wastewater System Improvement Project (the “Project”)
Property: _____________________________, La Pine, Oregon 97739 (the “Property”)
Property Owner: ____________________________________________________
A
s described in the cover letter, City of La Pine (“City”) intends to construct and install new water and sewer
service lines, a septic tank, and related improvements on the Property (the “Work”) so you may connect to City
services. City anticipates that the overall Project work will commence during Fall 2020 and near completion by fall
2022. City expects that the Work on the Property will only take a few days (the “Work Period”). After installation
of the water and sewer service lines, septic tank, and related improvements (collectively, the “Improvements”),
City will connect the lines to City’s water and sewer systems. In order to complete the Work, City needs a
temporary construction easement over a portion of the Property. The temporary easement will expire and be of
no further force and effect after the Improvements have been installed and connected to City’s water and sewer
systems. However, once City completes the Work, City will need a permanent utility easement on the Property for
purposes of accessing and maintaining the Improvements.
While the Project will benefit City and City residents, installation of the Improvements is intended to benefit the
Property owner. If you decide to not grant City the easements (i.e., if negotiations fail to result in an amicable
agreement), City will not acquire the easements. You would then be responsible for the expense and construction
on your own to connect to City’s system. Granting the easements will avoid future significant costs and expenses
you will incur to connect to City’s water and sewer systems when service is available.
Be advised that (a) Section 4.6 of Ordinance No. 2015-04 (the “Water Ordinance”) provides, in pertinent part, that
all premises must connect to City water service (if City water service is available) regardless of whether a private
water system is available, and (b) under Section 4.2 of Ordinance No. 2015-05 (the “Sewer Ordinance”), all
properties used for human occupancy must hook up to the sewer system if public sewer is within six hundred feet
(600′) of the property line. Thus, pursuant to the Water Ordinance and Sewer Ordinance, once service is available
(i.e., upon completion of the Project) the Property will be required to connect to City’s systems. This underscores
the benefit of connecting to City’s systems now, at City’s cost and expense.
At this time, City is requesting that you sign the acknowledgment below and grant City a temporary construction
easement for purposes of completing the Work. For your convenience, I have enclosed with this letter a general
depiction of the temporary construction easement area to provide perspective (see Exhibit A). Please note that
the depiction is a generalized schematic. The actual location of the Improvements on the Property and the
permanent easement area will be finalized during the Work. Minimal interruption of water and sewer service will
occur (a few hours) during the Work. We will work with you to determine the preferred locations for the
Improvements. In addition, as the Project work commences, we will provide you anticipated dates of the Work
Period. Once the Work is completed, we will contact you regarding the permanent easement.
Temporary Construction Easement
By signing the acknowledgment below, _______________________ (“Owner”) hereby acknowledges and agrees to
the following:
1. Owner grants City a temporary construction easement under and over that portion of the Property (as
defined above) generally identified on the enclosed depiction, which depiction may be amended to reflect th
e
a
ctual easement area. City will provide Owner the amended easement area, if any, prior to commencement of th
e
W
ork (as defined above). The easement granted by Owner is without charge, nonexclusive, and does not grant or
convey any other interest in or to the Property except as provided herein.
2. T
he easement will be used to perform the Work. Owner grants City and City’s officers, employees,
contractors, agents, and representatives (individually and collectively, “City Representative(s)”) permission to
