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Home My WebLink AboutNotes Applicant 10/25/2024 (3)Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 Division of Chief Deputy Clerk �00�■Q83153 Lane County Deeds and Records 111111 Jill 111 $41.00 00638262200400831530030037 10/27/2004 01:40:01 PM RPR-ESMT Cnt_2 Stn=15 CASHIER 07 $5.00 $15.00 $10.00 $11.00 DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE JOINT USE TRASH ENCLOSURE EASEMENT AND MAINTENANCE AGREEMENT e WHEREAS CONNIE MERRELL and MILLER DEVELOPMENT COMPANY, LLC, AN OREGON LIMITED LIABILITY'COMPANY, being the Grantors/Grantees herein, are the owners of the lands described as TRACT I (aka TAX LOT 400) and TRACT IT (aka TAX LOT 500) in "EXHIBIT A" as said exhibit is attached hereto and made a part hereof; WHEREAS the Grantors/Grantees desire to establish a private joint use access and private joint use trash enclosure easement and maintenance agreement regarding the use of said easement; THEREFOR, the Grantors/Grantees do hereby declare a 29.00 foot Private Joint Use Access and Private Joint Use Trash Enclosure Easement and Maintenance Agreement over all that portion of the south 29.00 feet, by perpendicular measurement, of said TRACT I (TAX LOT 400) that lies westerly of the following described line: BEGINNING at a point on the south line of said TRACT I (TAX LOT 400) that lies South-89' 42' 08" East 180.00 feet from the southwest corner of said tract; THENCE, leaving said Point of Beginning and perpendicular to said south line, NORTH 00' 17' 52" EAST 29.00 FEET to the northeast corner of the 29.00-foot wide strip being described herein. THIS EASEMENT shall be for the non-exclusive benefit of said TRACT II for the purpose of ingress and egress in common with TRACT I and for trash enclosure purposes also in common with said TRACT I. The above easement shall be subject to the following: • The costs of maintenance of the access way through TRACT I shall be borne equally by the owners of TRACT I and TRACT H. • The trash removal and maintenance costs with regards to the trash enclosure shall be borne equally by the owners of TRACT I and TRACT II. • The owner of TRACT I shall at all times, and without restriction, have the right to use the easement area for purposes not inconsistent with the easement. • Any utility repair costs shall be borne by the owner of the respective utility. • 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. • The easement set forth herein is not personal or in gross but is appurtenant to each and every portion of said TRACT II. • Said easement shall run with the properties herein described and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors or assigns. • This easement may not be nullified or modified without the approval of the City of Springfield. • The true and actual consideration for this declaration is other than monetary. DECLARATION OF IRREVOCABLE EASEMENT Page 1 of 3 IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE JOINT USE TRASH ENCLOSURE EASEMENT AND t MAINTENANCE AGREEMENT on this 9-1_ day of Qa-��-, (ems , 2004. GRANTORS/GRANTEES M�1w-.'MILLER DEVELOPMENT COMPANY, LLC Connie Merrell An Oregon Limited Liability Company Signed: Z' I - Print Name: R0 1 2 (U\/ IM E—Kl? (c j Print Title: 6e iL?== ACKNOWLEDGMENT State of Oregon ) County of Lane ) ss There personally appeared before me the above named Connie Merrell who is known to me to be the identical individual who executed the foregoing instrument and who does hereby acknowledge said instrument to be her voluntary act and deed OFFICIAL SEAL JESSICA A MC PHERSON NOTARY PUBLIC - OREGON COMMISSION NO, 343429 MY COMMISSION UPIRES MARCH 2, 2005 ACKNOWLEDGMENT State of Oregon ) County of Lane ) ss Subscribed and sworn to before me this day of _ , 2004 No �Public for Oregon There personally appeared before me the above named A::1 •N G1a(LQ l l who is known to me tp be the identical individual who executed the foregoing instrument as '1A'P--w\�b2 of MILLER DEVELOPMENT COMPANY, LLC An Oreo gLimited Liability Company and who does hereby acknowledge said instrument to be his/her voluntary act and deed and that said instrument was signed on behalf of said limited liability company. Subscribed and sworn to before me this OFFICIAL SEAL day of. 2004 JESSICA A MC PHERSON NOTARY PUBLIC - O 343429 _ COMMISSION N0. 343429 MY COMMISSION EXPIRES MARCH 2, 2008 - - - No is for Oregon DECLARATION OF IRREVOCABLE EASEMENT Page 2 of 3 EXHIBIT A TRACT I (aka TAX LOT 400 OF TAX MAP 17-02-32-32) That certain tract of land lying in the Southwest quarter of Section 32 of Township 17 South, Range 2 West of the Willamette Meridian, City of Springfield, County of Lane, State of Oregon and more particularly described as follows: Commencing at a 5/8 inch rebar marking the intersection of the Eastern right-of-way boundary of 42"d Street and the Southern right-of-way boundary of Smith Way, in the City of Springfield, Oregon, said intersection failing South 05 04' 24" East 481.67 feet from the Lane County brass disk marking the Northwest corner of Donation Land Claim No. 55, Township 17 South, Range 2 West of the Willamette Meridian, thence South 00° 17' 00" West along said Eastern right-of-way boundary of 42"d Street 163.00 feet to the true point of beginning; thence leaving said Eastern boundary South 89' 41' 48" East 205.04 feet to a 5/8 inch iron rod; thence South 00 15' 17" West 114.92 feet to a 5/8 inch rebar bearing a red plastic cap stamped "GEOMAX INC"; thence North 89° 42' 08" West 205.09 feet to a 5/8 inch rebar set on the Eastern right-of-way boundary of 42' Street; thence along said Eastern boundary North 00' 17' 00't East 114.94 feet to the true point of beginning. TRACT H (aka TAX LOT 500 OF TAX MAP 17-02-32-32) That certain tract of land lying in the Southwest quarter of Section 32 of Township 17 South, Range 2 West of the Willamette Meridian, City of Springfield, County of Lane, State of Oregon and more particularly described as follows: Commencing at a 5/8 inch rebar marking the intersection of the Eastern right-of-way boundary of 42"d Street and the Southern right-of-way boundary of Smith Way, in the City of Springfield, Oregon, said intersection falling South 05 04' 24" East 481.67 feet from the Lane County brass disk marking the Northwest corner of Donation Land Claim No. 55, Township 17 South, Range 2 West of the Willamette Meridian, thence South 00' 17' 00" West along said Eastern right-of-way boundary of 42"d Street 277.94 feet to the true point of beginning; being marked by a 5/8 inch rebar bearing a red plastic cap stamped "GEOMAX INC"; thence leaving said Eastern boundary South 89 ° 42' 08" East 205.09 feet to a 5/8 inch rebar bearing a red plastic cap stamped "GEOMAX INC"; thence South 00' 15' 17" West 295.25 feet to a 5/8 inch rebar bearing a red plastic cap stamped "GEOMAX INC"; thence North 89' 43' 09" West 10.30 feet to a 5/8 inch rebar; thence South 00' 17' 05" West 183.28 feet to a point on the Northern right-of-way boundary of the McKenzie Highway (Main Street); thence along said Northern boundary North 89° 42' 26" West 35.95 feet to a 5/8 inch rebar; thence leaving said Northern boundary North 00' 18' 08" East 340.49 feet to a 5/8 inch rebar bearing a red plastic cap stamped "GEOMAX INC'; thence North 89° 41' 25" West 159.10 feet to a 5/8 inch rebar bearing a red plastic cap stamped "GEOMAX INC" set on the Easterly right-of-way boundary of 42"d Street; thence along said Eastern boundary North 00° 1700" East 138.01 feet to the true point of beginning, passing a 5/8 inch rebar at 23.06 feet , REGISTERED PROFESSIONAL JULY 20,1993 REXA. BETZ DECLARATION OF IRREVOCABLE EASEMENT Page 3 of 3 kl c 7N E at tk�e"Grsritors,- for d in considera.tidn'.of one .olar to them` paid, do hereby grant, barggini sell." and easement nV6 e 1 .9 10, feet in T4 -th, toget.her__ the-' easementate-j-'. �er_einafter describ-0-d Tor'.the pie, Whi�h -structifig, maintaining and using a sani pqkp tarSewet',.of" 6oftstrq.;V"t _)� �' a indtallid on the following described. . to y. Property, Beginn:[ng at a PAni that is-993 -feet S Outll'AM`207.12 feet northwest- corner of the Thomas D.,_EdvZfLrd8 D.L.C., NS31 o- in. "2- WVSt_0f__t 1. point being the 'Grantor's most southerly southeast ProP6rty,'Co.rn-6r,-` thence north 121.0 feet to the Grantors Property,-iing! feet east; thence n' e point,;. P,hen:d north 1*25 � Yest,115.04,.foat :to the"Grantor",q -property line; thence west 10.o feet along. the Gratrtor line; thence south 1*25east 236.07 feet to the Grantor' 6 il h-p line'; thence east 5.0.feet to. the Point . q " t Lane County, Ore�gon.' of beginning all'in Spr.J.h:g_f1: assigns forever, D-thi---abov4 -easement-t- t0:- bhe-s-&W-�Gran-tee-y tts-heii- . z eld , IN ADDITION IniERFTo, The, Grantors do hereby give'an"d grant utito. the'Ci 4riftgfkatdj a construction easement 0 abutting the I asidef, 3D_ feet in width along an and described— of the..'iforempn perpetual easement or the purpose of'gitercons ving ng a work.airea •-north of - the carport. to the dran-to-J's—no-rth TO HAVE AM TO HOLD said construction easement the. said City of SPringfiild ' ty and and assigns, during the cons-z the..Sanitary-S ru6tion .6f:" ewer. Upon the construction of the._sanjt_ary__b_.eWgx kccdptanc'e fok usd, bhe construction easement herein named shall becom4 A - IN .1hTNESS.'WHE'REOj7 the Grantors. �th s ay of ab 'nmed ave ig V7 hereunto set thei-j� h-inds. and seal' th (SEAL (SEAL) SEA1Y STATE OF OREGON Wr6u. ' BE I REMEMBERED, that lr Qn Chia & the undersigned,. a Notary -public —inandf 'id- -Cd,u -1411Y appeared i7he' within named,/ e to be the identical instrument and aeknow1iA,�6rT-_4-r=__ ts ._1L J. EOF, 1--havehiieUrkt-GS� year last above written .r ct A I-f 71 COMM ss an EYE xes ,V �irtRx'3 Y 3v Y•3 p", ++, r`A.+i.: a. r.�.�--t•_::••.:c__:_.�o.s,>,...•_,':.'....,.... � ,�.� ... _ .__ _ _ •� y � � '�, +, �+Kf '•`._ phSn�alp r,.� �'4i.,�; 77 , - 4 O .40 �S D 00 IT iZ Lit V� Q }°, M E ° � m � o � E rr w,�"• _ _::a? �.• .L�� • O • � -- :..... ..... �'�,.';�wirl�xy4 �y<i;.Y'.a �'-:r.`^• ac5.i'wi:�+:::•