HomeMy WebLinkAboutDeed APPLICANT 7/25/2008
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Recorded at the request of and
after recordmg return to'
Branch Engmeenng, Inc
310 Fifth Street
Sprmgfield, OR 97477
/Dtvlalon 0' Chle' Depuly Clerk
Lane Counly Deeds snd Recorda
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II1I IIII 11111111111111111111111 $36,00
,;\1.3:...::..4..-"0 cok~,j8660 .1003.. 05/08/2008 01: 16: 13 PM
RPR-ESftT Cnl=l Sln=4 CASHIER 02
$1e 00 $10 00 $11.00
PRIVATE TEMPORARY MAINTENANCE AND
MAINTENANCE ACCESS EASEMENT
WHEREAS:
I) Duane Krughts and Susan Krughts, husband and WIfe, heremafter referred to as Party One
and bemg the Grantors herem, are the owners of the lands that were conveyed 10 that certam
Warranty Deed that was recorded Apnl 21, 2006 at Recorder's No 2006-027614 m the
OffiCIal Records of Lane County, State of Oregon. SaId lands are descnbed m "Exlublt I"
attached hereto and made a part hereof
2) Northvlew Investments, Inc , an Oregon Corporation, hereinafter referred to as Party Two
and bemg the Grantee herem, IS the owner of Parcel 1 of Land Partition Plat Number
20"19 - i>?2'r'2 as pDTlltJoned and recorded 8.May ,2006' mthe
Land Partition Plat Records of Lane County, State of Oregon -
3) The parties deSIre to create a buJldmg mamtenance and access easement across a poruon of
S81d lands of Party One for the benefit of an eXisting buJldmg, that does not confonn to
current bUIldmg setback requirements, on the lands of Party Two so as to comply With
condItions as noted and dIscussed in the "Type II Tentative PDTlltion ReVIew, Staff Report
and DeCISIOn", City of Spnngfield Case Number SUB2007 -00039 dated September 4, 2007
as descnbed below
THEREFOR:
A) CreatIOn of Easement' Party One hereby grants and conve}s to Party Two a
temporary, non-exclusive, pnvate, 5 OO-foot WIde pnvate buildmg mamtenance and
mamtenance access easement for purposes of maintenance and maintenance access purposes
for saldllon-conforrnmg bUIlding that hes adJacent to a portion of the north line of said lands
of Party Two over a 5 DO-foot \'I1de portIOn of the lands of Party One as Said portIOn IS
descnbed m "Exlublt 2" attached hereto and made a part hereof
B) Extmq:U1shment of Easement The easement created herem shall extmguish 10 Its
entirety upon removal of saId non-confomung structure on said lands of Party Two
C) Use of the ProoertV., The owners or occupiers of the tract affected by thiS easement shall
have the nght to use the easement area for any purpose as long as Said use does not confhct
\'11th the easement nghts granted herem.
D) ~uccessors ID Interest The proVisions oftlus Instrument touch and concern, and relate
to the use of Said lands of Party One and Party Two and are intended to be covenants and
restnctlOns runmng With the land All prOVISIOns of thiS mstrument, mcludmg the benefits
and burdens, are bmding and enure to the heIrs, successors, assIgns, transferees, and personal
representatives of all owners of any of the aforementioned tracts
E) 11us easement may not be modified or nulhfied WIthout wntten consent and approval of the
City of Sprmgfield Planmng Department
F) The true and actual conslderallon for thIS easement IS other than monetary.
PRIVATE TEMPORARY MAL"lTENANCE AND MAINTENANCE ACCESS
EASEMENT
Page 1 of3 Delte ReceIved ~hr}~L
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IN WI1NESS WHEREOF, we have executed tlus PRIVATE TEMPORMY MAINTENANCE
AND MAINTENANCE ACCESS EASEMENT on thIs \ \ t\.... day of A.A a.". c. h , 2008
G~~ORSIPARTY 1:
~K.nights 7
~A/1-tVlr.LJ:::,; ~
Susan Krughts -- - d
GRANTEEIPARTY 2:
w/~ In<;J'Orego
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Derek Harrfson, PresIdent -
oratIon
STATE OF OREGON )
County of Lane )SS
On tlus \ \ -\t.. day of AAa .".C/~ . 200B, before me, the undersigned, a Notary
Public ID and for said County and State, personall) appeared Duane Krughts and Susan Krughts
personally known to me or proved to me on the basIs of sallsfactory eVIdence to be the persons
whose names are subscnbed to the Wlthm IDstrument, and acknowledged they executed the same
freely and voluntanly
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: I) OFFICIAt.SEAL !
,', ANGELA ERWIN
I ~ NOTARY PUBLIC. OREGON
I COMMISSION NO 421788
~~. _M~C~M~~~~~~"!fR_2!:2~,1!.
_ f2..(',..t ?/U/;..
Notary Pabllc for Oregon
My ComnusslOn Expires 9-2" - ~o II
STATE OF OREGON )
County of LaDe )SS
On tlus I (') day of ~ ' 20 Jri:; before me, the undersigned, a Notary
Public in and for saId County tate, personally appeared Derek Hamson, personally known to
me or proved to me on the basiS of satIsfactory eVidence to be the person whose name-Is subscnbed
to the wltlun Instrument, and acknowledged he executed the same freely and voluntanly on behalf
of North vIew Investments, Ine , an Oregon Corporatlon, as ItS President
r~---'~~~~~~~N-~
Hit.~~., NOTARY PUBLIC. OREGON I'
~ ~ COMMISSION NO 421788 I
~_......M~ ~2~~~~~ON EXprRE8 6i'7~~ I~..~~.~' t
PRIVATE TEMPORARY MAINTENANCE AND MAINTENANCE ACCESS
EASEMENT
Page 2 of 3 Date Received 7fs;!Jol't
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Notary Pfibhc for Oregon
My CommiSSIon Expires.
c;.Jt.-:UJlI
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EXHIBIT 1
LANDS OF DUANE KNIGHTS AND SUSAN KNIGHTS
(TAX MAP 17-02-31-42, TAX LOT 800 AT THE TIME OF RECORDA nON OF TillS
INSTRUMENT)
SITUATED m the City ofSprmgfield, Lane County, State ofOregon m the Southeast 1/40fSectJon
31, Townslup 17 South, Range 2 West of the WIlIamette Mendlan and descnbed as follows
BEGINNING at a pomt 1712 57 Feet North 89' 50' East and 1380 50 Feet South 00' 07' West of
the Southwest Corner of the L Comegy's Donation Land Claim No 81, in Section 31, TownsJup
17 South, Range 2 West of the WllIamette Mendlan; run thence North 89' 44' West 10801 feetJ
thence South 00' 15' 46" West 5250 Feet, thence South 89' 44' East 10814 Feet, thence North 00
07' East 52 50 Feet to the POint of BegmDlng
EXHIBIT 2
S.OO-FOOT WIDE PRIVATE TEMPORARY MAINTENANCE AND MAINTENANCE
ACCESS EASEMENT
SITUATED m the City of Spnngfield, Lane County, State of Oregon, m the Southeast 114 of
Section 31, Townslup 17 South, Range 2 West of the WIlIamette MeridIan and descnbed as follows
BEING a portIOn of the lands that \Ioere conveyed to Duane Krughts and Susan Kmghts, husband
and Wife, m that certam Warranty Deed that was recorded Apn121, 2006 at Recorder's No 2006-
027614 m the OffiCial Records of Lane County, State of Oregon, said portIOn bemga stnp of land
of umfonn width of 5 00 feet, by perpendicular measurement, the penmeter boundary of wluch IS
descnbed more partIcularly as follows -
BEGINNING at apomt on the south lme of saId lands ofKmghts that IS dIstant North 89' 44' 00"
West 48 65 Feet from the southeast corner of S81d lands,
THENCE, leavmg said POINT OF BEGINNING and along said south line the followmg one
numbered course (I) NORTH 89' 44' 00 .. WEST 45 29 FEET to a pomt, aDd
THENCE, leaVIng last sllld pomt and south line, along the followmg three Dumbered courses (2)
perpendicular to said south hne, NORTH 00' 16' 00" EAST 5 00 FEET to a pomt on a hne that IS
parallel WIth and 5 00 feet northerly, by perpendicular measurement, from saId south hne of the lands
of Kmghts, (3) alon,8 S81d parallel hne, SOUTH 89' 44' 00" EAST 4529 FEET to a pomt on a line
that bears North 00 16' 00" East from the POINT OF BEGINNING; and (4) along last said hne,
SOUTH DO' 16' 00" WEST 500 FEET RETURNING to the POINT OF BEGINNING and
contammg 226 Square Feet more or less
PRIVATE TEMPORARY MAINTENANCE AND MAINTENANCE ACCESS / r. ~ II
EASEMENT Date Received '1p p l:l
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