HomeMy WebLinkAboutEasement APPLICANT 4/26/2010 'Division of Chief Deputy Clerk 1009�MOflOD .
fl-J7 • Lane County Deeds and Records
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after recording return to:f and IIIIIIIIIIII 'll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $46.00
01054263200900089860050050 02/23/2009 03:35:5 PM
Branch Engineering, Inc.
310 Fifth Street RPR-ESIIT Cnt=1 Stno6 CASHIER 07
Springfield, OR 97477 $25.00 $10.00 $11.00
DECLARATION OF PRIVATE JOINT-USE ACCESS
EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
1) Lane County SCHOOL DISTRICT NUMBER 19, Springfield, Oregon, Grantor, is the
owner of the lands that are described in Exhibit `A' of that Property Line Deed that was
recorded Februtnr 03, 7on`l at Recorder's Number Dbol—4584 in
the Official Records of Lane County, State of Oregon.
2) RELIEF NURSERY, Inc., an Oregon Public Benefit Non-Profit Corporation, Grantee, is the
owner of the lands that are described in Exhibit `B' of that Property Line Deed that was
recorded+e6 3,?ooe) at Recorder's Number Z0o'i-Si 8 in
the Official Records of Lane County, State of Oregon.
3) The Grantor and Grantee desire to create a joint-use access easement and define maintenance
responsibilities on certain areas.
DECLARATION OF EASEMENTS:
A) Easement Created: SCHOOL DISTRICT NUMBER 19 hereby creates a perpetual, non-
exclusive easement for the benefit of RELIEF NURSERY over that certain area described in
Exhibit `A' attached hereto and made a part hereof and depicted in Exhibit `B' attached
hereto and made a part hereof for private joint-use access purposes.
B) Use of the Burdened Property: The owners or occupiers of the lands affected by this
easement shall have the right to use their property, including the areas described as the
easement, for any purpose as long as the owners or occupiers do not unreasonably interfere
with the use of the easement as granted by this instrument. No vehicle parking or storage of
vehicles shall be allowed by any party within the easement area, including the agents,
employees, tenants, and invitees of said owners.
C) Maintenance and Repairs: The cost of any maintenance or repair of the driving surface
within the easement area shall be allocated between the owners of the lands of SCHOOL
DISTRICT NUMBER 19 and the lands of RELIEF NURSERY in accordance with the
provisions of ORS 105.170, et seq, as now in effect or as hereafter amended..
D) Successors in Interest:The provisions of this instrument touch and concern, and relate to the
use of the lands of SCHOOL DISTRICT NUMBER 19 and the lands of RELIEF
NURSERY, 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 inure to the
heirs, successors, assigns, transferees, and personal representatives of all owners of the
aforementioned lands.
Date Received:
Date Received: JAN - 09
DECLARATION OF PRIVATE JOINT-USE EASEMENT
APR 2 6 2010
Page 1 of5 Origi Submittal
Final Submittal
•
• • •
IN WITNESS WHEREOF, I hav executed this D LARATI N OF PRIVATE JOINT-USE
ACCESS EASEMENT on this day of . -n , .
GRANTOR:
Lane County School District No. 19, Springfield, Oregon
t 'a. is
s i
Printed Name: kti-0
Title: jev-010 &C-rteler
GRANTEE:
Relief Nur ery,Inc.,an Or goon non-profit corporation
By:
Printed Name: ire VIP k 1\'11.)C-bit
Title: !E sic ecat /e Vi/vd r
STATE OF OREGON )
County of Lane )SS
0. 1' _ / I 'L i O,Q8 pers n y appeared the above named �a it
G , I as the 1/ (�/I✓ of the Lane County School it
N .- 190 Springfield, Oregon and acknowledged the foregoing to be his/her voluntary act and
deed.
Notary Public for Oregon
" ems OFFICIAL SEAL
THERESA JAMES
NOTARY PUBLIC.OREGON
" ) COMMISSION NO.405466
MY COMMISSION EXPIRES APR.27,2010
Date Received: Date Receiv
APR 16 101 JAN - 2009
ECLARATION OF PRIVATE JOINT-USE EASEMENT
Origi Submittal
--------_ Page 2 of 5
STATE OF OREGON )
County of Lane^ )SS
RI!l ) otwt Ki& tO , 2008 Iorsonally appeared the above named i 4%1.IV
V artful/ as the Fi1GEt�i�,�GK� UraG1747 of Relief Nursery, Inc., an Oregon non-
profit corporation and acknowledged the foregoing to be his/her voluntary act and deed.
OFFICIAL 9EAL Notary Public for 0 gon
THERESA JAMES
NOTARY PUBLIC.OREGON
MY COMMISSION DCPIRES APR.27�,2010
Date Received; Date Receiv
APR 2 6 2040 JA
Final Submittai_�_
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Page 3 of 5
•
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EXHIBIT `A'
EASEMENT LEGAL DESCRIPTION
SITUATED in the City of Springfield, Lane County, State of Oregon in the West 1/2 of the
Northwest 1/4 of Section 5, Township 18 South, Range 2 West of the Willamette Meridian and
described as follows:
COMMENCING at the most southerly southeast corner of those lands surveyed in County Survey
File Number 37770 filed on November 5, 2002 by Rex A Betz; THENCE along the south line of
the lands in said survey West, 250.51 feet to a point on the southerly extension of the north-south
portion of the northerly line of the lands in said survey; THENCE along said southerly extension
North 00°03'00" East, 357.04 feet to a point on a line lying 40.00 feet southerly, by perpendicular
measurement, from the southerly east-west portion of the northerly line of the lands in said survey,
said point being the TRUE POINT OF BEGINNING; THENCE along said parallel line East,
255.51 feet to the west margin of South 42"d Street as dedicated in that Declaration of Dedication
recorded on April 10, 2007 as Reception Number 2007-023540 in the Lane County Oregon Official
Records; THENCE along said west margin North 00°03'00" East, 40.00 feet to said southerly east-
west portion of the northerly line of the lands in said survey; THENCE along said northerly line
West, 255.51 feet to an angle point; THENCE along the aforesaid southerly extension South
00°03'00"West, 40.00 feet RETURNING to the TRUE POINT OF BEGINNING.
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Date Received:
Page 4 of 5
�.�" ? F2010
•
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EXHIBIT `B'
EASEMENT MAP
50
fj
1555a
1S1 1
EAST 259.27 - '/s.)
tic.- ;1/21
3
0
0
h
0
b
0
1.-- EAST 255.51 1
f a EASEMENT AREA—o �i
p o
' `- EAST 255.51 t --r
v I
0
m- 35.0
LANDS OF 4
SCHOOL DISTRICT n m
W NUMBER 19 a
3 1
0 0
z n LANDS OF
b o RELIEF NURSERY, INC. �t7 ro
V' a
n _ v yr
n O
b
H Di
•
11 N89'57'001Y
`■1 5.00 a
t J
o
259.27 - �`- W 250.51 " N_o
EAST 509.78 ^in
0
0
0
2
Date Received:
DECLARATION OF PRIVATE JOINT-USE EASEMENT APR 2 6 2010
Page 5 of 5