HomeMy WebLinkAboutEasement APPLICANT 12/2/2008
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DEDICATION OF A PUBLIC ROAD EASEMENT
Duane A. Kni!!hts and Susan E. Kni!!hts. husband and wife
GRANTORS, grant and dedicate to LANE COUNTY, a political.subdivision of the State of Oregon
(GRANTEE) a public road easement on and over the following described property:
A parcel ofland lying in the Southeast one-quarter (SE Y4) of Section 6, Township 18 South,
Range 2 West of the Willamette Meridian, and being the eastern most 5.00 feet, by
perpendicular measurement, of the lands conveyed to Duane A. Knights and Susan E. Knights,
husband and wife, by that certain Statutory Warranty Deed, recorded on Recorder's Reception
Number 2005-017257, Lane County Oregon Deed Records, said parcel being more particularly
described as follows:
Beginning at the northeast corner of said lands; Thence along the east line of said
lands South 00005 '06" East, 112.17 feet to the northerly right-of-way line of Garden
Avenue; Thence along said line North 80022'00" West, 5.07 feet to a point that lies
on a line parallel to and 5.00 feet, by perpendicular measurement, westerly of the line
bearing South 00005'06" East; Thence along said parallel line North 00005'06" West,
112.24 feet to a point on the north line of said lands, said point also being the
Southeast comer of Lot 8, Block 3 of the Fourth Addition to Meadow Green Estates,
as platted and recorded in Book 68, Page 5, Lane County Oregon Plat Records;
Thence along said north line South 79032'26" East, 5.09 feet, returning to the Point of
Beginning, in Lane County, Oregon. .
The bearings used herein are based upon a Partition Plat for Duane A. Knights and Susan E.
Knights to be filed as a survey in the Office of the Lane County Surveyor.
It being the intent herein to acquire right-of-way for Laurel Avenue (County Road Number 1827) which,
with this dedication, will result in a right-of-way width of 30.0 feet from centerline as said road abuts the
GRANTOR'S property.
There is no consideration for this dedication.
Said parcel being forever dedicated to the use of the public for road purposes and granting a public road
easement.
Date Received:
DEe - 2 2008
Original submittal
DEDICATION: Laurel Avenue (Co.Rd. No. 1827) Page I of2
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After recording return to Lane County Surveyor's Office, 125 E. 8th Ave., Eugene, OR 97401
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Dated this .J...6j day of +;(> Mclb~, 2008.
L ..::/kIf
Du"ane A. Knights ' ~
STATE OF OREGON)
COUNTY OF LANE ) ss.
The foregoing instrument was acknowledged before me this
2008, by Duane A. Knights
day of
Notary Public for Oregon
My Commission expires:
Dated this
IS
day of oe:J.obe..r
.2008.
./ ~____~~Jf;;;)
, Susan E. Knightf'--C!
STATE OF OREGON )
COUNTY OF LANE ) ss.
The foregoing instrument was acknowledged before me this
2008, by Susan E. Knights
13
day of Oc.~ '
f.'-~A~~iW~fJE:---r
I', } NOTARY PUBLIC - OREGON \1
I ..../ COMMISSION NO. 419581 '
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Notary Public for Oregon
My Commission expires:-.hA \\A 'US z.t> I)
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DEPARTMENT OF PUBLIC WORKS
LAND MANAGEMENT DIVISION
The Board of Commissioners
hereby accepts and approves for
forrecording this dedication
as described herein.
Approved
,2008
LANE COUNTY BOARD OF
COMMISSIONERS
Bv
Matt Laird, Division Manager
By
Chair
Date Received:
DEDICATION: Laurel Avenue (Co.Rd. No. 1827) Page 2 of2
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After recording return to Lane County Surveyor's Office, 125 E. 8th Ave., Eugene, OR 97401
Original Submittai
Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF PRIVATE WELL AND PRIVATE WATERLINE
EASEMENTS
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) DUANE A. AND SUSAN E. KNIGHTS, Grantors, are the owners of the lands that are
described in that Statutory Warranty Deed that was recorded March 14, 2005 at
Recorder's Number 2005-017257 in the Official Records of Lane County, State of
Oregon.
2) The Grantors are 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 Grantors desire 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: DUANE A. AND SUSAN E. KNIGHTS hereby create a perpetual
easement for the benefit of Parcels I and 2 over that certain area designated as "5.00-
FOOT PRIV ATE WATERLINE EASEMENT" on said partition plat as said easement
lies in Parcels 2 and 3 for private waterline purposes.
Easement Created: DUANE A. AND SUSAN E. KNIGHTS hereby create a perpetual
easement for the benefit of Parcels I and 2 over that certain area designated as
"PRIVATE WELL EASEMENT" on said partition plat as said easement lies in Parcel 3
for joint use private well purposes.
Use of the Burdened Pronertv: 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
Maintenance and Reoairs: . The cost of any maintenance or repair of the waterline and
well improvements within the easement areas shall be split equally between the owners
of Parcels I, 2 and 3.
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 owners of any of the aforementioned parcels.
B)
D)
E)
F)
i.
IN WITNESS WHEREOF, we have executed this DECLARA nON OF PRIV ATE WELL AND
PRIVATE WATERLINE EASEMENTS on this I ~ day of c::r.kb..fLT<" . 2008.
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"';;m, A. Knigh. - If ~7 Smm E. Kn;"'-,~O -
STATE OF OREGON )
)ss
County of Lane )
On this 13 day of C9CkbeA- . 2008, before me personally appeared
Duane A. Knights and Susan E. Knights and acknowledged the foregoing instrument to be their
voluntary act and deed.
,-------------------
. OFFICIAL SEAL .. I
. , GAIL A WAISANEN ,
\. ./ NOTARY PUBLIC - OREGON . ,
..... COMMISSION NO. 419581
MY COMMISSION EXPIRES JULY 28. 2011 ~
(---_________________1
LfJ () [//
Notary Public for Oregon
Date Received:
DECLARA nON OF PRIV ATE WELL AND PRIV ATE WATERLINE EASEMENr~ - 2 2008
Page I of 1
,.
.:
Original Submittal
Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I), DUANE A. KNIGHTS AND SUSAN E. KNIGHTS, Grantors and Grantees, are the owners
of the lands that are described in that Statutory Warranty Deed that was recorded March 14,
2005 at Recorder's Number 2005-017257 in the Official Records of Lane County, State of
Oregon.
2) FLOYD TOM O'NEILL AND LORNA O'NEILL, Grantors and Grantees, are the owners of
the lands that are described in that Statutory Warranty Deed that was recorded October II,
2005 at Recorder's Number 2005-080666 in the Official Records of Lane County, State of
Oregon.
3) RON HIEBENTHAL AND SUSAN HIEBENTHAL, Grantees, are the owners of the lands
that are described in that Warranty Deed - Statutory Form that was recorded March 26, 2001
at Recorder's Number 2001-016543 in the Official Records of Lane. County, State of
Oregon.
4) Duane A. Knights and Susan E. Knights are 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.
DECLARATION OF EASEMENTS:
A) Easement Created: Duane A. Knights and Susan E. Knights and Floyd Tom O'Neill and
Lorna O'Neill hereby create a perpetual easement for the benefit of Parcels 2 and 3 of said
partition, the lands of Floyd Tom O'Neill and Lorna O'Neill and the lands of Ron Hiebenthal
and Susan Hiebenthal over that certain area designated as "VARIABLE WIDTH
TEMPORARY PRIVATE ACCESS EASEMENT" on said partition plat as said easement
lies in Parcels 2 and 3 and the lands of Floyd Tom O'Neill and Lorna O'Neill for private
access purposes. .
B) 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 easement area, including the agents, employees, tenants,
and invitees of said owners. This is not intended to exclude standard access and operations
by emergency and service vehicles including but not limited to fire trucks, ambulances,
police, meter readers, moving trucks, garbage trucks, landscaping services and appliance
repair vehicles.
C) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway
improvements within the easement areas shall be split equally between the owners of Parcels
2 and 3 and the owners of the lands of Floyd Tom O'Neill and Lorna O'Neill.
D) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of Parcels 2 and 3 of said partition and the lands of Floyd Tom O'Neill and Lorna
O'Neill and the lands of Ron Hiebenthal and Susan Hiebenthal, 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 owners of any of the aforementioned parcels or lands.
E) Easement Exoiration Due to Riqht of Wav Dedication: This access easement shall
automatically expire if the easement area is dedicated as Garden Avenue right-of-way. Said
access easement shall also automatically expire if the lands benefitting from the easement are
served by an alternate alignment of public right-of-way that does not cover the easement
area.
Date Received:
DEe - 2 2008
Original Submittal
DECLARA nON OF TEMPORARY PRIVATE ACCESS EASEMENT
Page 1 on
F) Easement EXDiration Due to Change in Use on Lands of Hiebenthal: The access easement
rights for the lands of Ron Hieberithal and Susan Hiebenthal are only for the existing single-
family home. Said rights shall automatically expire if any of the following occur: any other
residences are constructed on the property, in addition to or replacement of the existing
home; a traffic generating home business is opened on the lands of Ron Hiebenthal and
Susan Hiebenthal; division by any means of the lands of Ron Hiebenthal and Susan
Hiebenthal; or any other change in use.
G) Covenant: The owners of all easement area property qescribed herein covenant to dedicate to
the public all right-of-way deemed necessary in the event that a public agency officially
declares that such a dedication is needed in the public interest.
H) pre-existing Access Easement: The lands of Ron Hiebenthal and Susan Hiebenthal are served
by an access easement across the lands of Floyd Tom O'Neill and Lorna O'Neill as set forth
in that Easement recorded on September 12, 1980 and recorded on Reel 1094 R as Instrument
8045367 in the Official Records of Lane County, State of Oregon. This access easement
remains in place and unaffected by this access easement.
IN WITNESS WHEREOF, we have executed this DECLARATION OF TEMPORARY PRIVATE
ACCESS EASEMENT on this ,Z)L\'+r, day of ~lJ)mr.J..t.A .2008.
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l..rDuane A. KnightsV ~ - j
STATE OF OREGON )
)ss
County of Lane )
On this rJ-Y-1\ day of ~')()\I\O rn\'0tJ\ , 2008, before me personally appeared Duane A.
Knights and acknowledged the foregoing instrument to be his voluntary act and deed.
O"1IN~~
Notary pucc for Oregon
.. OFFICIAL SEAL
'"' ANGIE DOW
'. ' NOTARY PUBUC. OREGON
COMMISSION NO. 410845
MY COMMISSION EXPIRES NOVEMBER 5, 2010
~_"-4_~:tP-, ~~ b"""
Susan E. Kni~U
STATE OF OREGON )
)ss
County of Lane )
, On this ~q'\"- day of (\'))\tOfYi.\Zl, !\ ,2008, before me personally appeared Susan E.
Knights and acknowledged the foregoing instrument to be her voluntary act and deed.
nvvio \dA~
NOtary Pu~c for Oregon -----
I) OFFICIAL SEAL
i ',", .: ANGIE DOW
. ': .i Ng6~~i:syg~~o~~~~~5N
MY COMMISSION EXPIRES NOVEMBER 5, 2010
Date Received:
DEe - 2 2008
Original SUbmittal
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
Page 2 of3
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'if'loyd Tom O'Neill
STATE OF OREGON )
)ss
County of Lane )
On this r)1-t"^\ day of iV!v\Q.(l\\\)Q J\ , 2008, before me personally appeared Floyd
Tom O'Neill and acknowledged the foregoing instrument to be his voluntary act and deed..
. OFFlCIALSEAl.
~~ Ng6~~ffs~~~~:~:1~~5N
MY COMMISSION EXPIRES NOVEMBER 5, 2010
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No ary P~~~ forOregon
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QO'Neill
STATE OF OREGON )
)ss
County of Lane )
On this<0-\'~ day of \\)()\i\Q '()~Q 1\ , 2008, before me personally appeared Lorna
O'Neill and acknowledged the foregoing instrument to be her voluntary actand deed.
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OFFICIAL SEAL
ANGIE DOW
NOTARYPUBUC.OREGON
COMMISSION NO. 410845
MY COMMISSION EXPIRES NOVEMBER 5, 2010
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Not~ Pu~jc for Oregon
Date Received:
DEe - 2 2008
Original Submittal
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
Page 3 of3