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Home My WebLink AboutEasement Miscellaneous 1999-06-02DIMENT & WALKER ATTORNEYS AT LAW Smeede Hotel Building 767 Willamette Street, Suite 208 Eugene, Oregon 97401 (54L) 484-2422 FAX (541) 484-939s LEGAL ASSISTANTS Shirley R. Brabham Karen E. O'Keefe, CIADONALD D. DIMENT, JR, THEOOORE L, WALKER JOHN H. KIM RE J:une 2, L999 Utility Easement Our File No. 97-150 Dear Diane: Enclosed please find the original fully signed Utility Easement that was recorded with the Lane County Official Records on June 2,1999. Please keep this document in a safe place as I have only retained a copy for my file. Thank you for contacting me for assistance in this matter. if you need anything further, please feel free to contact me. Sincerely, DIMENT & Theodore L. Walker TLW:keo Enclosure Ms. Diane Edmison 267 N. 16th Street Springfield, Oregon 97 477 ,-b- /o- 20- After Recording Return To: Diment & Walker 767 Willamette Street, Suite 208 Eugene, Oregon 97401 99049461 UTILITY EASEMENT E681JUN.02'9?#04REC 30.0il E681JUN.02',99S04PF|${D lil"m E681JUN.0t',99*04A&T FUNS 10.00RECITALS: A. Patrick and Diane Edmison, hereafter referred to as "Edmison," are the owners of real property located at267 North 16th Street (Tax Lot 8600) in Springfield, Lane County, Oregon, and they desire to obtain an easement from adjoining property owners as set forth herein. Their property is described more particularly as follows: Beginning at a point 11 feet from North of the Southwest corner of Lot 29,H. L. & T. B. STEWART'S PLAT OF ACREAGE LOTS, as platted and recorded in Volume 3, Page 5, Lane County Oregon Plat Records; and running thence North 60 feet; thence East 107.7 feet; thence South 60 feet to a point 1 1 feet North of the South line of said lot and thence West parallel with the South line of said lot 107 .7 feet to the place of beginning, in Lane County, Oregon. B. Vera Adele Edom, hereinafter referred to as "Edom," is the owner of property located at289 North 16th Street (Tax Lot 8400) in Springfield, Lane County, Oregon, which is described more particularly as follows : Beginning at a point in the west line of lot 29 of H.L. and T.B. Stewart's Plat of Acreage Lots as platted and recorded at page 603 of volume R Lane County Oregon Deed Records, which is 71 feet north of the southwest corner of said lot; and running thence east parallel with the south line of said lot, 120 feet; thence north77.7 feet; thence west 120 feet to the west line of said lot and thence south 77.7 feetto the place of beginning, in Lane County, Oregon. Subject to driveway as the same is now located over and across the south side of said property. C. Henry and Grace Balze4 hereinafter referred to as "Balzer," are the owners of property located at289 1/2 North 16th Street (Tax Lot 8300) in Springfield, Lane County, Oregon, which is described more particularly as follows: Beginning at a point 71.0 feet North of the Southeast comer of said Lot 29 of H.L. and T.B. Stewart's Plat of Acreage Lots as platted and recorded in Book R, Page 603, Lane County Oregon Deed Records; thence North 137.7 feetto the Northeast comer of said lot; thence West along the North line of said Lot 88.7 feet; thence South 137.7 feet, and thence East 88.7 feet to the place of beginning, in Lane County, Oregon. Utility Easement - 1 a 9904S461 AGREEMENT: In consideration of valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Edom atdBalzer, as Grantors, hereby give, grant and convey to Edmison, as Grantee, and to Grantee's successors in interest, an easement for a sewer line over, across and under their respective properties set forth above, which easement shall run as follows: Beginning at apoint in the west line of Lot 29,H.L. and T.B. Stewart's Plat of Acreage Lots as platted and recorded at Page 603, Volume R, Lane County Oregon Deed Records which is 59.0 feet north of the Southwest comer of said lot; thence running east parallel with the south line of said lot 107 .7 feet to a point at or near the northeast corner of Tax Lot 8600, which is the true point of beginning of the easement. The center line of the easement thence runs north for a distance of 12 feet, thence runs in a general northeasterly direction for a distance of approximately 68 feet to a point on the east boundary line of Lot 29 that is approximately 20 feet north of the south boundary line of Tax Lot 8300. Grantee's easement rights shall be over the area parallel with the center line and not more than2.5 feet distance from either side thereof. 2. Permitted Uses. Grantee shall have the right to place, construct, operate, replace, repair, maintain and inspect a sewer line that runs from its property through the easement area. A map generally describing the location of the easement is attached hereto as Exhibit "l." 3. Rights and Obligations. The easement created hereby shall be appurtenant to and shall benefit Grantee's property and shall burden Grantors'properties. The easement shall run with the land as to all properties. The rights, covenants, and obligations contained in this instrument shall bind burden and benefit each party's successors and assigns. 4. Granteers Obligations. Any utilities placed in accordance with this easement shall be underground, and whenever a Grantor's landscaping, roadway, fencing or other improvements located within the easement areaare disturbed due to activities ofthe Grantee in accordance with this easement, the Grantee shall promptly repair the said improvements to reasonably the same condition said improvements were in prior to Grantee's activities. IT IS SO AGREED: G GRANTOR: a'4/ Diane Edmison E//."r*4 Utility Easement - 2 Vera natze{-v ) 99049461 STATE OF OREGON County of Lane onthis Jb +l day orJTyt 6:r named Patrick Edmison and acknowledged the PATRICIA NOTAf,Y COUIITSSTON NO.30tt63 MY C0MU':;I ' i tPrBE.S FEB.t 19 Public for Oregon Commission Expires: her voluntary act Notary Public for Oregon My Commission Expires: 1 to be ) ) me the within -, 0 oa )-" STATE )ss )County of Lane on this JL%^, * on this :{o{u, or -Pll,t*- 199/, personally appeared before me the within named Diane Edmison and acknow STATE County of Lane DI Ldol, appeared before me the within ac! andnamed Henry Balz,er and acknowledged O-tt N My Public for Oregon My Commission Expires: oL_ 08 LOD2*- STA )ss County of Lane On this d-"L-nA o-rf personally appeared before me the within ) I named Grace Balzer and acknowledged the bregoing to be her voluntary act and S ) ss. County of Lane on this {ory named Vera Adele Edom *YLorr.9ttee ,Y",,il#^*#"uof before me the within *a u"trro*-"4[flth.be her voluntary act and deed. for Oregon @ PATRICNALBROW}I NOTAHY PUBI.JC.OREGON coMtilsstoN No.309163 MY @ MY NO.309163 PATRICIA @ SEAL BROWNPATRICIA ftOTARY NO.309163 @ NOTAFY PUBLICOREGON coMMlssloN No.30s163 SEAL BROWN FEB. Utility Easement - 3 N Commission Expires: SS. DtA- ) ss. ) r 99049461 -'-; -*--*"'-Ll--""'- ." '" s".{j.f -r_ 5A^IFS t |rae^{A- 6,, t, e(L_r ParP r c rc t D,a.rr f v*rte.r* State of Oregon County of lane - ss. I, the County Clerk, in and for the said County, do hereby certify that the within instrument was received for record at 'ggJUH ZPtl 3:08 R..' 26 55 R Lane County OFFICIAL Records [-ane County Clerk By,A*/),/J County Clerk EXHIBI T-J:- PAGE / OF] Hr-rcv t ceaa.1, Eluz_e4 a fit/ J t-0 0 rn 0o) t- *'*o'i -r- ,n'(u 'o- Jl 0- t*1 t LL TJ 6 aI! VEAA A|."LE ecoN ! I l I d T [orrttr wA/ | J I I 0 of 0o J t- I I co\s b.J t- t f. 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