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Home My WebLink AboutEasement APPLICANT 6/18/2008 (2) . o' .~i~ PUBLIC UTILITY EASEMENT' Tax Map & Lot Numbers 17-02-34-44 TL 1200 (on the date of execution) THIS INDENTURE MADE and entered into this....2L day of J ......u... , 200.Lby and between J.M. Brandt-Drury ,hereinafterreferred to as the Grantor(s), and the CITY OF SPRINGFIELD, a municipal~',.M o;ion, in lane County, Oregon, hereinafter referred to as the Grantee. WITNESSETH: In Consideration of the acceptance by Grantee and the use or holding of said easement for present or future public use by Grantee, Grantors hereby grant, bargain, sell and convay unto the Grantee, a perpetual easement ~ '(srvinq width, together with the right to go upon,said easement area hereinafter described in Exhibit" A" for the purpose of constructing, reconstructing, maintaining and USing PUBUC Ul1UTIES which may hereafter be installed on the following described property, to-wit SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE TO HAVE AND TO HOLD the above easement unto the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals this .:; 'i ,dayof J",,.,e. , 20~ STATE OF OREGON COUNTY OF Lane '~~~~l) ...,-/ ' .} SS (SEAL) BE IT REMEMBERED that on this :l. 7 day of J ... ':'~ ,. ,2005 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named 'J.M. Brandt-Drury whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed my official seal the day and year last above written. I) OFFICIAL SEAL . ,,' BRENDA LEE CARLIN \. i N01ARY PU6L1C, OREGON .'.., ..... COMMISSION NO. 366530 MY COMMISSION EXPIRESJUNE 7. 2007 ~/;I{f- ~~ Notary Public for Oregon J~ 7. .:2Dl57 My Commission Expires THE CONVEYANCE set forth in this instrument convaying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, is hereby approyed, and the title or interest:COjjv~e(Hherejfl REe' is hereby accepted. " I 1\1. 'uiJDIVI/ 11l1l D CITY OF SPRINGFIELD JUN 1 8 2008 j)~ff6- ~T;j.ue 27. 2.00.5 Date By: Dennis P. Ernst. City of Springfield Surveyor Division of Chief Deputy Cl~k Lane Counly D..d. and R.co~d. 2000.0m8~ $31. 00 RETURN TO: CITY OF ~RINGFIELo- PUP.! 111111111111111111111111111111111111111111 007" :47020'50'474 :90'20021 06/28/2005 03:37:01 Pft RPR-ESnT Cnt=l S\n=10 CASHIER OS $10.00 $10,00 $11,00 4.....__ ._BRANOT-0RURY6595HWY126'oit11 ,..a~,_.,. :-,,,'cUtilitVEastment.doc REVlSEOSeptenW.2004 "\-' ...' ~~.., 'Ii"......n-W'rI,., -.:........illD5.. .r~. Being two strips of land i~ the Southeast 1/4 of Section 31 in TOV,113hip 17 South, Range 2 \Vcst of the Willamelte Meridian in Lane County, State of Oregon and desCribed as follows: The northerly 7.00 feet, by perpendicular measurement, of the property conveyed to J.M. Brandt- Drury by that Warranty Deed filed on June 28, 2004 as Reception Number 2004-049212 in the Lane County Oregon Official Records, The northerly line of said property and easement being the south margin of McKenzie Highway (State Highway 126), being an 80.00 right-of-way. TOGETHER with a strip ofland of uniform width of 5,00 feet, by perpendicular measurement, the westerly line of which is described as follows: BEGINNING at the southwest corner of the above described 7.00 foot strip; THENCE southerly 343,00 feet along the westerly line of said Warranty Deed. The northerly boundary of said 5.00 foot strip being the southerly boundary of said 7.00 foot strip, The southerly boundary of said 5,00 foot strip being a line perpendicular to said westerly deed line. . Pf{E,SUBIVIITTAl REC'O JUN 1 8 Z008 '~"''''. , .- Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fi fth Street Springfield, OR 97477 DECLARATION OF PRIVATE EASEMENTS The true and actual consideration for this declaration is other than monetary. RECITALS: I) J. M. Brandt-Drury, Grantor, is the owner of the lands that are described in that Warranty Deed that was recorded June 28, 2004 at Recorder's Number 2004-049212 in the Official Records of Lane County, State of Oregon. 2) The owner is dividing said real property into three parcels as shown on Land Partition Plat No.2008-P as partitioned and recorded in Lane County Oregon Partition Plat Records, 3) The owner desires to create easements and define maintenance responsibility on certain areas and facilities for the benefit of future owners of the parcels as described below. DECLARATION OF EASEMENTS: A) Easement Created: 1. M.BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels I, 2 and 3 over that certain area designated as "V ARIABLE- WIDTH PRIVATE JOINT USE ACCESS, PRIVATE STORM DRAINAGE, AND PRIVATE UTILITY EASEMENT" on said partition plat as said easement lies in Parcels 1,2 and 3 for private access, drainage and utility purposes. B) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 1, 2 and 3 over that certain area designated as "8.00'x30.50' PRIVATE BICYCLE STORAGE EASEMENT" on said partition plat as said easement lies in Parcel 3 for purposes of storing bicycles and accessing said storage, C) Easement Created: 1. M. BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 1; 2 and 3 over. that certain area deSIgnated as "21.00'x76.53' PRIVATE STORMWATER DRAINAGE AND TREATMENT EASEMENT" on said partition plat as said easement lies in Parcel 1 for private stormwater drainage and treatment purposes, D) Easement Created: J. .M. BRANDT~DRURY hereby creates a perpetual easement for the benefit ,of Parcels 2 and 3 over that certain area designated as "V ARIABLE- WIDTH PRIVATE UTILITY EASEMENT" on said partition plat as said easement lies in Parcel I for private utility purposes. . E) Easement Created: J. M, BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 1, 2 and 3 over that certain area designated as "5.00' PRIVATE SANITARY SEWER EASEMENT" on said partition plat as said easement lies in Parcel 3 for private sanitary sewer purposes. ' F) Easement Created: 1. M. BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 1,2 and 3 over that certain area designated as "I7.50'x20.50' PRIVATE TRASH ENCLOSURE EASEMENT" on said partition plat as, said easement lies in Parcels 2 and 3 for private access, garbage.and recycling disposal purposes. G) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 2 and 3 over that certain area designated as "5.00' PRIVATE UTILITY EASEMENT" on said partition plat as said easement lies in Parcels 2 and 3 for private utility purposes. H) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 1, 2 and 3 over that certain area designated as "PRIVATE RECREATION v/' EASEMENT" on said partition plat as said easement lies in Parcel 3 for private recreation purposes. I) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the benefit of Parcels 1,2 and 3 over that certain area designated as "5.00' PRIVATE ACCESS EASEMENT" on said partition plat as said easement lies in Parcels 2 and 3 for purposes of private access to said Private Recreation Easement. 1) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not allow the placement of private utilities within any Public Utility Easement except for crossings. DECLARATION OF PRIV ATE EASEMENTS PRE.SUBMITTAl REC'O JUN 1 8 Z008t Page I of2 ~~.... . K) Use of the Burdened Prooertv: The owners or occupiers of the parcels affected by these easements shall have the right to use their property, including the areas described 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 instrument. No vehicle parking or storage of vehicles shall be allowed by any party within the access easement areas, including the agents, employees, tenants, and invitees of said owners. L) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway, storm drainage and treatment, bicycle storage facilities, trash enclosure, recreation area improvements and the access path to said recreation area within the easement areas shall be split equally between the owners of Parcels I, 2 and 3. The cost of any maintenance or repair of private utilities lying within the easement areas will be the responsibility of the owner of the respective facility where the facility serves one owner and shall be split equally between the owners of the Parcels served by the respective facility where the facility serves multiple owners. M) Successors in Interest:The provisions of this instrument touch and concern, and relate to the use of Parcels 1, 2 and 3 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 inure to the heirs, successors, assigns, transferees, and personal representatives of all o~ers of any of the aforementioned parcels, IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE EASEMENTS on ~ ~6f ,~. J, M. Brandt-Drury STATE OF OREGON ) )ss County of Lane ) On this , day of . 2008, before me personally appeared 1. M. Brandt-Drury and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon DECLARATION OF PRIVATE EASEMENTS Page 2 of2 PRE-SUBMITTAL REC'D JUN 1 8 2008