HomeMy WebLinkAboutEasement APPLICANT 12/31/2008
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 PRIVATE 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 1 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 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
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 1, 2 and 3.
Successors in InterestThe 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)
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D)
E)
F)
Recorded at the request of and
after recording return to:
Division of Chief D~.-.,ty Clerk ~nnO.M'nn'
Lane County Deeds, Records 'VVV VV/VVI
1111111 111111111111111111 11111111111111111 $26.00
~1~423~2~~0D00670070010015
12/19/2008 09:25:38 AM
RPR-ESMT Cnt=l Stn=6 CASHIER 07
$5.00 $10.00 $11.00
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 2?2 / 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.
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE WELL AND
PRIVATE W A TERLINr&E EASErENTS on this I -S day of. ~ .2008.
~.~C~. . -- 4~zEI:(~dY;;/
Duane A. Knights '. Susan E. Kniglfts"-'O .
STATE OF OREGON )
)ss
County of Lane )
On this J l' day of Qc~bex- . 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 J'!
, GAIL A WAISANEN
I \. .i NOTARY PUBLIC - OREGON
I ....... COMMISSION NO. 4195B1
~ MV COMMISSION EXPIRES JULY 28. 2011
.~-_._--~------_...._- ~
LbJ () v/
Notary Public for Oregon
DECLARATION OF PRIVATE WELL AND PRIV ATE WATERLINE EASEMENTS
Page 1 of I
DCite Received: /~/sldo-r',(
PI",nnAr' AI
Recorded at the request of and
after recording return to:
Division of Chief D,....ty Clerk ~nnOane'nne
Lane County Deeds a lecords 'VVV VV/VVV
'11'111\111111\111111111\ \11111\ 1111111\\ 111\\ $36.00
J114233920080067006103~ 136 12/19/2008 09:25:38 AM
RPR-ESMT Cnt=l Stn=6 CASHIER 07
$15.00 $10.00 $11.00
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:
1) 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'NElLL AND LORNA O'NEILL, Grantors and Grantees, are the owners of
the lands that are described in that Statutory VI arranty Deed that was recorded October 11,
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 g;>2/ 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 easernent
lies in Parcels 1,2 and 3 and the lands of Floyd Torn 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, rneter readers, moving trucks, garbage trucks, landscaping services and appliance
repair vehicles.
C) Maintenance and Renairs: 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 1, 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 Ri2-ht of Way Dedication: This access easement shall
automatically expire if the easement area is dedicated as Garden Avenue right-of-way. Said
access easement shall also autornatically 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:~~/.J.?PL
Planner: AL
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
Page 1 of3
F) Easement Exoiration Due to Chanlle in Use on Lands of Hiebenthal: The access easement
rights for the lands of Ron Hiebenthal 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,easeI1lent area property described 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-existim! 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 (;)L\i-I'\day of _1\ )lllDffiQiA ,2008.
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Duane A. KnightsV .
STATE OF OREGON )
)ss
County of Lane )
On this N--I-l\, day of IY)O\i\v rf\~0 ,U\ ,2008, before me personally appeared Duane A.
Knights and acknowledged the foregoing instrument to be his voluntary act and deed.
nm~~
Notary Pt~c for Oregon -
OFFICIAL SEAL
ANGIE DOW
, , NOTARY PUBLIC. OREGON
:',.. COMMISSION NO.4 10845
MY COMMISSION EXPIRES NOVEM8ER 5. 2010
,..LA~t.-l!. ';A~~
Susan E. Kni~ c1
STATE OF OREGON )
)ss
County of Lane )
On this &L \'\'"\' day of (\))\ At) f,t \<), 1\ , 2008, before me personally appeared Susan E.
Knights and acknowledged the foregoing instrument to be her voluntary act and deed.
nJfl(~O \~A~
N~ary P~c for Oregon ~
(I) OFFICIAL SEAl.
:'l!1i 'j ANGIE DOW
\:/j/ Ng;~~itsygH~o?:'~c:.?5N
MY COMMISSION EXPIRES NOVEMBER 5, 2010
li..........j (~.:.,""'~tJwu..
Planner: AL
J0/~/lt
DECLARATION OF TEMPORARY PRIV ATE ACCESS EASEMENT
Page 2 of3
() /f: ! f1~)d
iflloyd Tom O'Nell(
STATE OF OREGON )
)ss
County of Lane )
On this r)'H"'\ day of I\'t;\JIQi'f\XJQ J\ " 2008, before me personally appeared Floyd
Tom O'Neill and acknowledged the foregoing instrument to be his voluntary act and deed.
~ OFFICIAL SEAL
' ~YI! NgJ~~f::~~~~~~:1~~5N
MY COMMISSION EXPIRES NOVEMBER 5, 2010
() ~Y\f\~iY~
N~ary p~)c for-Oregon
~ ~C\0~
L~O'Neill
STATE OF OREGON )
)ss
County of Lane )
On this A-\'~ day of _ '\)('M. Q \) b Q )\ , 2008, before me personally, appeared Lorna
O'Neill and acknowledged the foregoing instrument to be her voluntary act and deed.
() VV10~A'~
Notary Pu~jCfOr Oregon
.'~.
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, .,
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.... ....
OFFICIAL SEAL
ANGIE DOW
NOTARY PUBUC. OREGON
COMMISSION NO. 410845
MY COMMISSION EXPIRES NOVEMBER 5, 2010
Dat~ Heceived: /.-.fjcJotiO
Planner: AL
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
Page 3 of3