HomeMy WebLinkAboutEasement APPLICANT 12/2/2008
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Record at the request of and
After :~__",.:ing return to:
, Division of Chief Deputy Clerk 'IMo-"ll:~eon
Lane County D,!eds and R.cords 'UUII"VVWIlV
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,;jU3J8387,;j08U0! <6A..;..803~ 10/13/2008 01 :05: \I PA
RPR-ESIlT Cnt:l Stn:6 CASHIER 01
$15.00 $10.00$11.00 '
Janice K. Jackson
875 South 43rd Street
Springfield, OR 97478
DECLARA TlONOF 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 ofPan:e1 I and'Parcel 2 of Land Partition
Plat Number2008-_;OZ?oO as partitioned and recorded /3 Ocr ,2008 in
the Land Partition Plat Records of Lane County, State of Oregon.
2) The owner desires to create easements and define responsibility on certain areas
aild facilities for the benefit of future owners of the parcels as described below so as to
comply with conditions as noted and discussed in the "TypeJ! Tentative Partition
Review, Staff Report and Decision", City of Springfield Case Number SUB 2008-0000 I
dated February 4, 2008, .
DECLARATION OF EASEMENTS:
A) Easement Created: GRANTOR hereby creates a "..."....J8I easement for the
benefit of Parcel 2 over that certain area designated as "PRlV ATE UTILITY
EASEMENT" on said partition plat as said easement lies in said Parcell for private
utility PurPoses,.as said area is described in "Exhibit I" attached hereto and made apart
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 pareels affected by
this easement shaH have the right to use their ". u,,~"f, 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 .......;~J by this instrument.
D) Maintenance and Renairs; The cost of any mai......."..ce or repair of the private
utilities lying withinthe easement areas will be the responsibility of the 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 tothe heirs, suci:essors, assign, transfers, and
persOnal representatives of all .' .....~ of any of the af.. ..u......:oned pareels.
FILE CDPj
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DECLARATION OF JOINT USE PRIVATE
UTILITY EASEMENT
Page I of1
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RECEIVED
DEe 2 Z008 .
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F) The easements and declarations contained herein may not be nullified or modified
without the written consent and .... "." :aI of the City of Springfield Planning D ..,,"" ....ent.
IN WITNESS WEREOF, we have executed this DECLARA nON OF "JOINT USE
PRlVA TE UTILITY EASEMENT ON THIS '1 +" day of September, 2008.
GRANTOR/GRANTEE:
JANICE K. JACKSON
~~
STATE OF OREGON )
COUDty of LaDe )SS
On this C{"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 edged she executed the same freely and
voluntarily. /"\ ~
Notary Public for Oregon ( ",y ~
My Commission Expires: k)I)O:J. ;;010
I .
. OFFICW.SEAI.
AI/1I'AIICm:
NOTARY PU8UC. OREGON
IIV~NO.41t532 .
.. EXPiRES NOV. 2, 2010
....,..'...I...I,.~,;,o..Jo~J..l.,;'.....III.....,i "'I.I",-I~,
DECLARATION OF JOINT USE PRIVATE
UTILITY EASEMENT
Page 2 of~
RECEIVED
DEe 2 2008
By:
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"EXHIBIT I"
. PRIVATE UTILITY EASEMENT
,
fl.. prIvate utlhty easement lying In the northwest quarter of SectIon 5 , Township I 8
South, Range 2 West of the Wlilamette Meridian, all In Springfield, lane County,
Oregon, saId parcel being a portIon of that certain tract of land descnbed on reel No.
I G94, Instrument No, 9 I 2 I 13G, as recorded In Lane County Ore'3on deed Records,
said parcel being more partIcularly descnbed as follows:
Begmnlng at the northwest corner of lot 19 as shown on ,Lane County 5urvey fIle No.
G I 55; thence 5890, O'OO"E 25.00 feet to a. pomt on the east n'3ht-of-way hne of "
50uth 43" 5treet: thence along saId right-of-way 500"03'OO'W 31.00 feet to the
fRUE POINT Of BEGINNING; thence continuing along said nght-df-way 500"03'00'W
5.00 feet; thence leaVIng saId right-of-way 5890 I O'OO"E 5 I 040 feet; thence
N47048'03"W 7.57 feet; thence N5901 O'OO"W 45.50feet to the TRUE POINT Of
BEGINNING, all m 5pnngfleld, lane County Orego~.
Containing 243 square feet more or less,
Bearings based on lane County survey fIle No.3 13G2.
30f :3
RECEIVED
By:
DEe 2 zaos