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HomeMy WebLinkAboutEasement APPLICANT 7/25/2008 '. ; 7V Recorded at the request of and after record~ng return to 2O~8-o~58~7 "- 1111111111111111111111111111111111111111111111111 $31.00 00900"...."..00800258670020020 05/08/2008 01: 16: 13 PM , Division of Chief Deputy Clerk Lane Counly Deeds end Records Branch Eng~neer1ng, Inc 310 F1fth Street Spr1ngf1eld, OR 97477 RPR-ESftT Cnl=1 Sln=4 CASHIER 02 $10,00 $10 DO $11 DO DECLARATION OF JOINT USE PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT The true and actual consIderation for thIS declaration IS other than monetary RECITALS: I) NORTHVIEW INVESTMENTS, INC, an Oregon Corporatlon, Grantor/Grantee, IS the owner of Parcel I and Parcel 2 of Land PartItion Plat Number 200 e -P 22f/2- as partitioned and recorded 15'.A1a Y _, 200 8 m the Land PartItion Plat Records of Lane County, State of Oregon 3) The owner deSIres to create easements and define mamtenance responslblhty on certain areas and faclhtles for the benefit of future owners of the parcels as descnbed below so as to comply wllh condlt1ons as noted and dIscussed m the "Type II Tentative PartlUon ReView, Staff Report and DeclSlon", Clly of Spnngfield Case Number SUB2007-00039 dated September 4, 2007 DECLARATION OF EASEMENTS: A) Easement Created GRANTOR hereby creates a perpetual easement for the benefit of Parcels I and 2 over that certain area deSIgnated as "JOINT USE PRIVATE ACCESS AND PRIV ATE UTILITY EASEMENT" on said partition plat as SlIId easement hes m saId Parcels I and 2 for pnvate access purposes B) Easement Created GRANTOR hereby creates a perpetual easement for the benefit of Parcels I and 2 over that certam area deSignated as "JOINT USE PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT' on Said partItion plat as said easement hes In saId Parcels I and 2 for pnvate utlhty purposes D) ExclUSIOn of PUEs NotWIthstanding any other language herein, these easements do not a110.... the placement of pnvate uuhtles wlthm any Pubhc Uuhty Easement except for crossings E) Use of the Burdened Prooertv The owners or occupiers of the parcels affected by these easements shall have the nght to use their property, Includmg the areas descnbed as the easements, for any purpose as long as the owners or occupIers do not Interfere WIth the use of the easements as granted by thIS mstrument No vehIcle parking or storage of velucles shall be allowed by any party wlthm the easement area, mcludmg the agents, employees, tenants, and InVltees of said owners F) Maintenance and Renalrs The cost of any maintenance or repaIr of the dnveway Improvements WIthm the easement area shall be spht equally between the owners of Parcels I and 2 The cost of any maintenance or repair of pnvate utlhtles lYing WIthin the easement areas WIll be the responslblllly of the owner of the respective faclhty G) Successors In Interest The prOVISIOns of thIS Instrument touch and concern, and relate to the use of Parcels I and 2 of SlIId partItion, and are Intended to be covenants and restrIctIons running WIth the land All provlSlons of thIS Instrument, including the benefits and burdens, are binding and mure to the heirs, successors, assIgns, transferees, and personal representatives of all owners of any of the aforementioned parcels H) The easements and declarauons contained herein may not be nulhfied or modIfied WithOUt the wntten consent and approval of the CIty of Spnngfield Planmng Department DECLARATION OF JOINT USE PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT Page I of2 Date Hecelved j/:uj.J,O(J,{ Planner AL 1'" if' IN WITNESS WHEREOF, we have executed thIS DECLARATION OF JOINT-USE PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT on thls..Jf"> day of (J~.! 1 ,200..8:.... GRANTOR/GRANTEE: ., an Oregon Corporauon STATE OF OREGON ) County of Lane )SS On thIs I 0 day of A.,. ( t . 20,,11', before me, the undersigned, a Notary Pubhc In and for S81d County and State, personally appeared Derek Hamson, personally known to me or proved to me on the basis of sausfactory eVIdence to be the person whose name IS subscnbed to the WIthIn Instrument, and acknowledged he executed the same freely and voluntanly on behalf of Northvlew Investments, Inc , an Oregon Corporauon, as Its PreSident '~~' ~~.- - -.... -'~ - - - .'. '.' -.'~' ~:?~ OFFICIAL SEAL l .....' ~ ANGELA ERWIN , '~, "i NOTARY PUBLIC, OREGON "J/' C.OMMISSION NO 421786 ~-:~~~~~~~~.O~,~P.I~ES~~~~ER_26 ~~ ~,I.. 0_.... j..... Notary plibhc for Oregon My CommISSIon ExpIres q-~(,-;U) II DECLARATION OF JOINT USE PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT Page 2 of2 Data Received Planner AL -I~~D~