Laserfiche WebLink
OYe-gon <br /> ]o}m A. Kitzhabe~, M,D., Governor <br /> <br />Department of Environmental Quality <br /> Western Region <br /> <br />1102 Lincoln <br /> Suite 210 <br /> <br />December 16, 1999 <br /> <br /> MARION COU <br />BUILDING tAv,_~NTy <br /> "~oI~ECTIoN <br /> <br />Zen Ewing <br />Marion County Community Development Department <br />3150 Lancaster Drive, NE, Suite C <br />Salem, OR 97305 <br /> <br />re: Easement vs. Lease <br /> <br />In response to your letter dated December 10, 1999 requesting the Department's position <br />on a dralnfield at Aurora Airport to serve a facility on a different tax lot. It is my <br />understanding that Marion County issued a construction permit in 1997 to install the <br />capping fill on a different tax lot with a lease from Oregon Department of Transportation, <br />Aeronautics Section. <br /> <br />Oregon Administrative Rule (OAR) 340-71-0130(11) requires that "A recorded utility <br />easement and covenant against conflicting uses, on a form approved by the Department, is <br />required whenever a system crosses a property line separating properties under different <br />ownership. The easement must accommodate that part of the system, including setbacks, <br />which lies beyond the property line, and must allow entry to install, maintain and repak the <br />system" when a property line is crossed. <br /> <br />The letter you sent to Tim James dated December 2, 1999 correctly states that a lease is <br />not the same as an easement and that a permanent recorded easement on a DEQ approved <br />form is needed. <br /> <br />lfynu have any questions regarding this letter, feel tree to ca!! me at (54!) 686-7838 ext. <br />230, or toll free in Oregon at (800)844-8467. <br /> <br />Sincerely <br /> <br />Randall Trax, RS <br />Natural Resource Specialist <br /> <br />C? <br /> <br />Tim James, 3335 Childs Rd., Lake Oswego, OR 97034 <br />Ann Crook, ODOT Aeronautics Division <br />Greg Farrell, DEQ, Roseburg <br /> <br />DEQ/WR-101 4-98 <br /> <br /> <br />