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
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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