HomeMy WebLinkAboutEasement APPLICANT 9/9/2008
\!.
"
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 otherthan 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 forthe benefit of Parcels 2 and 3, 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 partitioni 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.
Use ofthe 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. 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. .
Maintenance and Renairs: The cost of any maihtenance 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 and the lands
of Ron Hiebenthal and Susan Hiebenthal. '
Successors in Interest:The provisions of this instrument touch and concern, and relate to the
use of Parcels 2 and 3 of said partition, the lands of Floyd Tom O'Neill and Lorna O'Neill
and thelands of Ron Hiebenthal and Susan Hiebenthal, and are intended to be covenants and
restrictions running with the land. All provisions oOhis 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.
Easement Exniration: 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.
Covenant: The owners of all property described herein covenant to dedicate to the public
all right-of-way deemed I}ecessary in the event that a public agency officially declares that
such a dedication is needed in the public interest.
t
B)
C)
D)
E)
F)
Date ReCeIVed:~/../QOt
Planner: AL
DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT
Page 1 of2
L
IN WITNESS WHEREOF, we have executed this DECLARATION OF TEMPORARY PRIVATE
ACCESS EASEMENT on this day of , 2008.
Duane A. Knights
Susan E. Knights
STATE OF OREGON
)
)ss . .
)
County of Lane
On this day of .2008, before me personally appeared Duane A.
Knights and Susan E. Knights and acknowledged the foregoing instrument to be their voluntary act
and deed.
Notary Public for Oregon
Floyd Tom O'Neill
Lorna OiNeill
STATE OF OREGON
)
)ss
)
County of Lane
On this day of 2008, before me personally appeared Floyd
Tom O'Neill and Lorna O'Neill and acknowledged the foregoing instrument to be their voluntary.
act and deed. "'
Notary Public for Oregon
Ron Hiebenthal
Susan Hiebenthal
STATE OF OREGON
)
)ss
)
County of Lane
On this day of 2008, ,before me personally appeared Ron
Hiebenthal and Susan Hiebenthal and acknowledged the for~going instrument to be their voluntary
act and deed. .
Notary Public for Oregon
,
'Date Received: ~/~/~Pf'
'Planner: AL
DECLARA nON OF TEMPORARY PRrV A TE ACCESS EASEMENT
Page 2 of2 '