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Home My WebLink AboutEasement APPLICANT 9/4/2008 'J .:~ .. .~ , I " -to:. '. / Division of Chief Deputy Cle~k Lane County Deeds and Reco~ds ~~~1-om3~ \ 11111111111111111111111111111111111111111 $31.00 00;>2..7;>0200"""0'43..500200.;106/291200709:17:56 AJ'I RPR-ESMT Cntdl St~6 CASHIER 07 510.00 $10.00 '$~1.00 DECLARATION OF PRIVATE UTILITY EASEMENT WHEREAS: Garth B. White and Dannika D. White, (Grantors) are the owners of a tract of land described as follows: Lot 56, E,M. HINSHA W PLAT, as platted and recorded in Book 12, Page 20, Lane County Oregon Plat Records, in Lane County, Oregon. ~ THEREFORE: By and through this instrument the Grantor desires to create a relocated private utility easement across the parcels.a: :c: L:J:;;:";;' .i~\I':'R OR :;:;.J..;6;~. The easement area is described as follows: Refer to attached Exhibit' A' FURTHERMORE: This easement does not prevent the use of the easement area by the Owner, Successor or Assign of either parcel .to be able to access and maintain the underground utility. No permanent buildings.or trees shall be placed within the easement area. The true consideration for this easement is $0.00. ~ ~d,~ Garth B. White i~ Dated this Z-I day of March, 2007. (fj..~0 LO'~~ Dannika D. White , Dated this l../ day of March, 2007. ACKNOWLEDGMEl'IT STATE OF OREGON } 'ss COUNTY OF LANE' BE IT REMEMBERED'that o~ this [J \ day of March, 2007, before me, ~he undersig~f!,d, a notary public in and for said County and StalE1, Rersonally appeared the Within n~. Ci......~ 13. VJ n<te ,'81 Vo.IW$). $ '1'1 h../( of/1>" --. -- ,- .....u..,.y,~" . ilA, whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that helshe executed the same' freely and voluntarily. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affi~ed my official seal Ihe day and year last above written. . I q. . OFFICIAL SEAl. . n. n~f. n 11_"S ,. fl t2- ". ANGaII SAnreA ~! J lo!( . ~ ':~. i NOTARY PUBUC - OREGON Iifotary blic for 0,.. regon . "'.' COMMOSSlON NO. 408441 MYCOMMISSIONEXPiRESJULYl7.2010 '\ Llu. j""""1 n,,)O My Commission Expires: Vl '\J I ; au THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE PARTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY USES. " Aft~r Recording Return to: Goebel Engineering & Surveying,.fnc.:'310 Ga~eld ,StreetlJ.~6Q1Ii~d: ii' ~. . SEP - 4 200B :"., . ", -, r:; . ," ;. ~ - ,- .'-' . fl'... :' -.~~,..,..,. .'/'1'-.,-- -.:," Original Submittl"l , . t' '. , " , EXHIBIT 'A' l. I A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: .. COMMENCING AT THE NORTHWEST CORNER OF LOT 56, E.M. HINSHAW PLAT, AS . PLATTED AND RECORDED IN BOOK 12, PAGE 20, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT -OF- WAY OF SOUTH 47TH STREET, SAID POINT ALSO BEING 30,00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF SAID SOUTH 47TH STREET; THENCE FOLLOWING ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH 0')3'00" EAST 5.01 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY, SOUTH 89'47'00" EAST 7.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE FOLLOWING ALONG A LINE PARALLEL WITH AND 5.00 FEET OFFSET FROM THE NORTHERLY LINE OF SAID LOT 56, SOUTH 89.'44'00" EAST 143.00 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 0'16'00" WEST 8.00 FEET; THENCE NORTH 89.'44'00" WEST 124.11 FEET; THENCE SOUTH 63'48'32" WEST 21.08 FEET; THENCE FOLLOWING ALONG A LINE PARALLEL WITH AND 7.00 FEET OFFSET FROM THE EASTERLY RIGHT-OF-WAY OF SAID SOUTH 47TH STREET, NORTH 0')3'00" EAST 17.39. FEET TO THE POINT OF BEGINNING, CONTAINING 1,232 SQU~ FEET, MORE OR LESS, ALL WITHIN SAID LOT 56, SPRlNGFIELD, LANE COUNTY, QREGON. II - REGISTERED -\. ; PROFESSIONAL' : LAND SURVEYOR ~-PAJ l J~6. 196' J SC~l T J.:~;BEL .. :?2!JO "-... - - . . - .-.. 1:~n';f.I. D'~!:.._ r,1'h> 10 -r I N"PUB.D/\TA',C904~"a5~.N()TEs\.urrLllY ESMT EXH A.wj.io DatfJ RIl9~~IV@jd: ., ,~ SEP - 4 2008"~ ! Original Submltta' ., -. , " f " , ; ,. " .t" . , ~:. GRANT OF EASEMENT AND MAINTENANCE AGREEMENT , " , . For value received, receipt of which is hereby acknowledged,: Garth B. White and Dannika D. White (Grantors), hereby grant, transfer and convey to David!!M. Nowak and Christina N, Nowak (Grantees), a perpetuaJnonexclusive 'easement to use a strip 9f land described as follows: Refer to attached ExhibiPA' I. This eascment is not personal or in gross but is to be appurtenant to each and every portion of the following property owned by Grantees: , Lot 55, E.M. HINSHAW PLAT, as platted and recorded in Book 12, Page 20, Lane, County Oregon Plat Records! Lan~ County, Oregon. 2. This easement is granted over and across property owned by Grantors in Lane County, Oregon, described 'as follows: " Lot 56, E.M,' HINSHA W PLAT, as platted and iecorded in Book 12, Page 20, Lane County Oregon Plat Records, La~,eCounty, Oregon. o 3. This grant is made upon the following t€inns: j', 3.1 Grantees are granted the right to use the easern~nt sirip, as a means of ingress and egress to and from the land described in paragraph I "or any portion thereof. Grantees are further granted the right to use th~ described strip for the installation and maintenance of such public utilities as may be needed to serve the property described in paragraph I, or any portions there?f. 3.2, Grantors and Grantces shall at all times hereafter jointly maintain the easement property in a good and traversable condition. The cost of such maintenance and repairs shall be paid by Grantors and Grantees ,in proportion to their use. Grantors shall pay the real property taxes on the easeme~t strip. 3.3 Grantors shall, at all times and without restriction, have the right to use the easement property and roadway for purposes n<;>t inconsisient with Grantee's full , enjoyment of the rights herein granted. 3.4 This grant of easement shall run with the land and shall be binding on and shall . inure to the benefits of Grantors, and Grantees,:rheirheirs, successors or assigns. AFTER RECORDING RETURN TO: Goebel Engineering & Surveying, lnc, 310 Garfield Street #30 Eugene, OR 97402 ,r Division of Chi~f Deputy Cler-k . ,nn1.nA4JJ6\ Lane County Dee~s and Recor-ds 'UU U, . .~ I ""11111"1111111111111111"1""" 11111111, ' $41.00 11921il79321il071il14433E 11il31il033 2 ' ': 06/29/ 007 09: 17 : 56 AM RPR-ES"T Cnt=2" Stn=6 CASHIER 07 $5.00 $15.00$10.00 $11.00 !' ,D~t8 R86liVud: , "SEP - 4 2008 , SEND TAX STATEMENT TO: Garth While 445 South 47mStreet' Springfield, OR 97478 .'1 Original Submittal ,~1 ,t'~,.-:,_l~'~"_":. ""!" '-. .:: :I':i~.:.~-. "'.'"" "',:.:.~:-. "." ': , ,. ...' ).....; Dated this Z. ( day of Ma-rcL .2007. ~~rs(/Jt.PIr, Garth B. White STATE OF OREGON } SS COUNTY OF LANE On this R day of M/LV'vn . 2007. person~lly appeared before me Garth B. White, and acknowledged the foregoing to be his voluntary act an~ deed. ~.':t z'6~';;~(SEAl - ~~~~ ~itNO'(~~Y~'8Bl,~~GON Notary PUblic for, Oregon . .1/' IIY~OMMISSIONNO.408441 My CommiSSIOn expires: \ul~, II. ~O\O . . "'-1!SSIONEXPIRESJULY17.2010, ~ J . Dated this -1::L day of' M ax-c.h ,2007. /(1^-. fJ. UJl.v..h., I, ... . Darmika D. White STATE OF OREGON COUNTY OF LANE } SS On this Gl.L day of rY\f1 Y LY\ ,2007, pcrsonally appeared before me Dannika D. White. and acknowledged the foregoing to be her voluntary act and deed. ?~ .'- .t>~ ';:I ~'OrFrCIAt.-sEAi.~\ ....t, AllGELA SA1HER : iW:../ NOTAA\' PUBliC-OREGON .', COMMISSION NO. 408441 MY COMMISSION EXPIRES JULY 17,2010, ClN~f lll... SO-..-~~ Notary ~ublic for.Oregon My Commission expires: J.LL6 \1; A6\D Dated this z...., day of flt, .an.L, /l ,2007. ~,J/ ~~;/ David M. Nowak STATE OF OREGON } SS COUNTY OF LANE On this ;;l.~ day of M ~N1" h. . 2007, person~lly appeared before me David M. Nowak, and aC,kn owledged the foregoing to be his VOIUQct an~ deed. . . OFFICIAl. SEAL . . ~~ . KRISTEN J TURNBULL Notary u lic for Oregon , l NOTARY PUBLIC . OREGON .. , . 'D '. / COMMISSION NO. 390476 My CommiSSIon e~plres: 81 L I o~ MY COMMISSION EXPIRES MARCH 10,2009 Dated this 2J7 .2007. fV1 } SS i~ On this ~ day of ('-II Cl-V'Ch ,2007, personally appeared before me Christina N. Nowak, and acknowledged the foregomg to be her voluntary Rid. . OFFICIAl. SEAL i b (10 \~ .rf~ KRISTEN J TURNBULL Notary Pu liM regon I I \../ NOTARY PUBLIC. OREGON My Commission e~pires: ~ I b () '\' . COMMISSION NO. 390476 I I MY COMMISSION EXPIRES MARcH to. 2009 STATE OF OREGON COUNTY OF LANE l i:i: ~ ['<' 6atfl ~li6eiv~r:I: SE~ g 4 2008 ~;l ":',;!:>.UI~ oS. 2'.\-"~'i'I~:: . Gill!! ;:~:'. '~.I:i:::t.~.;r..1! - i\~;.:': . ~'\~W':,K.'::": Original Submittal '1' , , , I'. 4' , r ,. EXHIBIT 'A' A PORTION OF TIlE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 17 SOUTH, RANGE S WEST OF THE WILLAMETIE MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGlNNlNG AT TIlE SOUTHWEST CORNER OF LOT 56, E.M. lllNSHA W PLAT, AS PLA TIED AND RECORDED IN BOOK 12, PAGE 20, ~ COUNTY OREGON PLAT RECORDS, SAID POINT BEING ON THE EASTERLY RlGHT-OF-W A Y OF EAST 47TH STREET, SAID POINT ALSO BEING 30,00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF SAID EAST 47TII STREET; TIffiNCE LEAVING SAID EASTERLY RIGHT.:oF- WAY AND FOLLOWING ALONG THE SOU11IERL Y LINE OF SAID LOT 56, SOUTH 89"44'00" EAST 35.00 FEET; mENCE LEAVING SAID NORTIlERL Y LINE, NORm 73"47'30" WEST 36.4) FEET TO A POINT ON TIlE AFOREMENTIONED EASTERLY RIGHT -OF- WAY OF EAST 47TII STREET; THENCE FOLLOWING ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH 0")3'00" WEST 10.00 FEET TO TIlE POINT OF BEGlNNlNG, CONT AINlNG ) 75. SQUARE FEET, MORE OR LESS, ALL WITHIN SAID SECDON 32, SPRINGFIELD, LANE COUNTY, OREGON. ;. REGISTERED "\ PROFESSIONAL LAND SURVEYOR. ~I!td~~ . crN:GON J JULY 16, 1913' Seo IT J. GOEElEL " 22&0 'R~t\_L~I:,~i"!r.: !d:Jo{o T I .11 Oat~ Ree@\V~d; StP - 4 2008 ,~ , ; \: Original Submittal. " '-"; Division of Chief Deputy Clerk L.ne Co..."ly De~. and R.co~d. " 2006-015440 11111111111111111111111111111111111111111111 $41,.00 .l078;701:lJ0600_r'40003.l035 03/08/2006 09:35:04 AM RPR-EsnT Cnt:2 Stn=15 CASHIER 01 $5,00 $15.00 $10.00 $11,00, ,,0 ,() II GRANT OF EASEMENT AND MAINTENANCE AGREEMENT For value received, receipt of which is hereby acknowledged, 'Garth B, White and Dannika D, White (G.....;.,.,,), hereby grant, transfer and convey to Trent t, Miller and Laura L. Miller (Grantees), a i',,,-,,,,;.ml nonexclusive easement to use a strip ofland thirteen feet (131 wide described as follows:' . 1 1 Refer to attacbed Exhibit 'A.' . . r . . . 1, This easement is not personal or in gross but, is to be appurtenant to each and every portion of the following...~..".;/ owned by O._.....J: Lot 57, E.M, HINSHAW PLAT, as platted and recorded in Book 12, Page 20, Lane County Oregon Plat Records, Lane,County, Oregon. ~ I'. .' " II 2, This'easement is o,....;...J over and across property owned by Grantors in Lane County, Oregon, described as follows: Lot 56, E,M, HlNSHA W PLAT, as platted and recorded in Book 12, , Page 20, Lane County Oregon Plat Records, Lane County, Oregon, . . ~' . , i' 3, This /P'aDt lsmade upon the following temis: 3.1 . G.....;""" are /P'aDted the right to use the variable width easement strip, including the existing Ioadway, as a means of ingress an<! egreSs to and from the land '. described in paragraph 1, or any portion thereof, Grantees are further /P'aDted the right to use the described strip for the installati~n and maintenance of such public utilities as may be needed to serve the ..,~..".;/.described in ~h 1, or any portions thereof. 3,2 Grantors and Grantees sbaJl at all times hereafter jointly maintain the easement property in a good and traversable condition. The cost of such maintenance and repairs shall be paid by G.....;"." and Granteesfu "'-1',..:':00 to their use. G.....;"." sbaJl pay the real property taxes on the easement strip, . " 3,3 Grantors shall, at all times and without restriction, have the right to use the easement J"'!J'".;y and roadway for piuposes not inconsistent with Grantee's full , enjoyment of the rights herein "",.,-,..,J, . :, . 3.4 This grant of easement shall run with the land and shall be binding on and shall ipure to the benefits of G.....;.,." an!i Grantees, ~eir heirs" succesSors or assigns, . . ~ . AFTER RECORDING RETURN TO: Goebel Engineering & SUllleying, Inc. 310 Garfield Street #30 Eugene, OR 97402 SEND TAX STATEMENT TO: Garth B. Whfte and Dannlka 0, Whfte 445 SouIh 47'" SlnIel G",,""1.7,;iJ. OR 97478 . "at(f ~6~IV\\id: SEP - 4 2008 . Original Submittal .. , Dated this z.. 4 day of kh , 2006, ~.. -13. wi/L - Garth B. White STATE OF OREGON ) ) County of Lane ) On this i1:L day of (lliyuQ...rtJ White, and acknowled~to be his ss ~_.- - -- -i:iFF'M SEAL- .....,... ' AMANDA J EST1!8 NOTARY PUBLlO - OREGON COMMISSION NO, 387531 "~~~ONEXPI~OE~,..12,'2\I!ll!_ "":'.0:;; ~ .-.- -.-. .2006, r ..~"".JIy appeared before me Garth E. untary act and deed, I I I K..J.f\ otary Public for OregOn My Commission expires: Dr r ' ,2, VJtt Dated this z,.Lf- day of fer! .2006, (~ (() /~ ... Dannika D. White f~~~~=~tC;;~GON' COMMISSION NO. 387531 MY~~EXPI_~~ ~~'1BS! 12.2008 Dated this /0 day of' An"" I-G L-.. .2006, ~~~~_~.o~ ~ Trent L. Miller STATE OF OREGON ) ) County of Lane ) On this H day of J:1h11)~ . 006, r.......aIly appeared before me Dannika D. White, and acknowledged the L "6" ' to be her v untary act d deed, /L; Lfs.Jr s otary Public for 0r0gQh My Commission expires: ,pc- < J? ~ ss STATE OF OREGON ) ) ss County of Lane ) On this ~ y day of \'Y) Q -N' ,\r--- . 2006, personally appeared before me Trent L, MiUer, and acknowledged tho foreg~ingto be his ~ ~eed, . UN<<1Ir81~ Notary l'U'bItc for Oregon , I IIOTARYPUBUC.OREGQIf MyCommissioneXpires~ ,~ -::l.no 7 . COMMISSION NO. 369004 . - II'rc:ow.llSSlONElIPlRESJlJNE3.1/11H Dated this la.- day of . ~~ .2006" fl !J d-UJ\{)'- L 'fY7jJ VLA " Laura L, Miller " Ga~ i!(~6eiV~d: SEP - 4 2008 STATEOFOREGON ) ) County of Lane ) On this ~ day of rY'\ rrrr 1A- . 2006, personally,... "'. . ~ before me Laura L, """. ""......-... _....""~~~...... OFFlClALSCAl "' ("I" . - . UNDSEY J.IIAMAR Notary' , Oregon \ ":> ; IlOTARY PUBoo-OREGON My Commission expires:( v.A..L:) - ;:)JJO 'I . . COMMISSION NO. 359004- " II'rCOMMlSSlOH 8IPIRES JUlum ) L Original Submittal ss .<;". . ..,...:'"'"....:.,.:.'.. . . i EXHIBIT 'A' A PORnpW>F THE SOUTIlEAST QUARTER OF SECllON 32, TOWNSHIP 11 SOUTH, RANGE S'WEST OF THE ~J Jr. MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 56, E.M. HINSHAW PLAT, AS PLAl U\u AND RECORDED IN BOOK 12, PAGE 20, LANE COUNTY OREGON PLAT RECORDS, SAID POINT BEING ON THE EASTERLY RIGKr..oF-W A Y OF EAST 41TIi ~ llWl:ll, SAID POINT ALSO BEING 30,00 rr.r.l FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE cm..JmU1NE OF SAID EAST 41TIi STREET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY AND FOLLOWING ALONG THE NORTHERLY LINE OF SAID LOT 56, SOUTII 89'42'36" EAST 150,00 rlml; THENCE LEAVING SAID NORntERL Y LINE, SOUTII 0'11'24" WEST 13,00 FEET; THENCE NORTII 89'42'36" WEST 124.11rr.JH; THENCE SOUTII 63'48'32" WEST 28,90 FEET TO A POINT ON THE . AFOREMENTIONED EASTERLY RIGHT -OF-WAY OF EAST 41TIi STREET; THENCE FOllOWING ALONG SAID BASTERL Y RIGHT-OF-WAY, NORTII 0'14'24" EAST25,89 J'r.l:.J TO THE POINT OF BEGINNING, CONTAlNING 0,05 ACRES, MORE OR LESS, ALL WlllDN SAID SECllON 32, SPRINGFIELD, LANE COUNTY, OREGON, ,,,~ . . ~ :' REGISTERED Jl PROFESSION.AL LAND SURVEYOR " o GON. JU 16,1967 SCOTT J. GOEBEL 2280 ~ : S'?:"!~q~f;1!:-~~e) 71 '.' .... ., .':" ~ .-"',", ".... Date RaG€livod: SEP . 4 2008 Original SubmIttal , ., \