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HomeMy WebLinkAboutEasement APPLICANT 9/11/2008 Record at the request of and After recording return to: Janice K, Jackson 875 South 43rd Street Springfield, OR 97478 DECLARATION OF JOINT USE PRIVATE UTILITY EASEMENT The true and actual consideration for this declaration is other than monetary. RECITALS: I) JANICE K, JACKSON is the owner of Parcel I and Parcel 2 of Land Partition Plat Number 2008- as partitioned and recorded , 2008 in the Land Partition Plat Records of Lane County, State of Oregon. 2) The ownei desires to create easements and define responsibility on certain areas and facilities for_tlie benefit of future owners ofthe parcels as described below so as to comply with conditions as noted and discussed in the "Type II Tentative Partition Review, Staff Report and Decision", City of Springfield Case Number SUB 2008-00001 dated February 4, 2008. DECLARATION OF EASEMENTS: A) Easement Created: GRANTOR hereby creates a perpetual easement for the benefit of Parcel 2 over that certain area designated as "PRIVATE UTILITY EASEMENT" on said partition plat as said easement lies in said Parcel I for private utility purposes, as said area is described in "Exhibit I" attached hereto and made a part hereof. B) . Exclusion of PUEs: Notwithstanding any other language herein, this easement does not allow the placement of private utilities with and Public Utility Easement except for crossings. C) Use of the burdened Prooertv: The owners or occupiers of the parcels affected by this easement shall have the right to use their property, including the areas described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. D) Maintenance and Reoairs: The cost of any maintenance or repair of the private utilities lying within the easement areas will be the responsibility ofthe owner of the respective facility. E) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of Parcels I and 2 of said partition, and are intended to be covenants and restrictions running with the land. All provisions of this instrument, including the benefits and burdens, are binding and insure to the heirs, successors, assign, transfers, and personal representatives of all owners of any of the aforementioned parcels, DECLARATION OF JOINT USE PRIVATE UTILITY EASEMENT Page I of2 Date Received: SEP 1 I 2008 Cdc~in:?r Submittal F) The easements and declarations contained herein may not be nullified or modified without the written consent and approval of the City of Springfield Planning Department. IN WITNESS WEREOF, we have executed this DECLARATION OF "JOINT USE PRIVATE UTILITY EASEMENT ON THIS day of September, 2008, GRANTOR/GRANTEE: JANICE K. JACKSON n~~:dJ~~ ~G K. Jackson/' STATE OF OREGON ) County of Lane )SS On this ql'f day of September, 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Janice K. Jackson, personally know to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and ackno Iedged she executed the same freely and voluntarily. "" I Notary Public for Oregon (~~ My Commission Expires: VoU r-'). ~ O! 0 I OFFICIAL SEAL ANITA MC KEE , NOTARY PUBLIC. OREGON ' COMMISSION NO. 411532 , MY COMMISSION EXPIRES NOV 2 2010 .~-=-"':>'--=_.-. ~ ----.....,.... ~ ., -_."":'"-- DECLARATION OF JOINT USE PRIVATE UTILITY EASEMENT Page 2 of2 Date Received: SEP I 12008 Original Submitt~' "EXHIBIT I" PRIVATE UTI LIlY EASEMENT A private utility easement Iymg m the northwest quarter of Section 5 , Township I 8 South, Range 2 West of the Willamette Meridian, all m Sprmgfleld, Lane County, Oregon, said parcel bemg a portion of that certam tract of land described on reel No. r b94, Instrument No.9 I 2 I I 3b, as recorded m Lane County Oregon deed Records, said parcel bemg more particularly described as follows: Begmnmg at the northwest'corner of lot 19 as shown on Lane County Survey File No. b 155; thence S890 I O'OO"E 25.00 feet to a pomt on the east right-of-way line of South 43'" Street: thence: along said right-of-way SOoo03'00"W 31.00 feet to the TRUE POINT OF BEGINNING; thence contmumg along said right-of-way SOoo03'00"W 5.00 feet; thence leavmg said right-of-way S8901 O'OO"E 5 I .40 feet; thence N47048'03"W 7.57 feet; thence N890 I O'OO"W 45.80 feet to the TRUE POINT OF BEGINNING, all m Springfield, Lane County Oregon. Contammg 243 square feet more or less. .- Bearings based on Lane County survey File No.3 13G2. Date Received: SEP 1 12008 Original Submittal