HomeMy WebLinkAboutEasement APPLICANT 1/9/2009
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Recorded at the request of and
after recording, return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF PRIVATE JOINT-USE ACCESS
EASEMENT
The,true and actual consideration for this declaration is other than monetary.
RECITALS:
I) Lane County SCHOOL DISTRICT NUMBER 19, Springfield, Oregon, Grantor, is the
owner of the lands that are described in Exhibit' A' of that Property Line Deed that was
recorded at Recorder's Number in
the Official Records of Lane County, State of Oregon.
2) RELIEF NURSERY, Inc., an Oregon Public Benefit Non-Profit Corporation, Grantee, is the
owner of the lands that are described in Exhibit 'B' of that Property Line Deed that was
recorded at Recorder's Number in
the Official Records of Lane County, State of Oregon.
3) The Grantor and Grantee desire to create a joint-use access easement and define maintenance
responsibilities on certain areas.
DECLARATION OF EASEMENTS:
A) Easement Created: SCHOOL DISTRICT NUMBER 19 hereby creates a perpetual, non-
exclusive easement for the benefit of RELIEF NURSERY over that certain area described in
Exhibit 'A' attached hereto and made a part hereof and depicted in Exhibit 'B' attached
hereto and made a part hereof for private joint-use access purposes.
Use of the Burdened Prooertv: The owners or occupiers of the lands affected by this
easement shall have the right to use their property, including the areas described as the
easement, for any purpose as long as the owners or occupiers do not umeasonably interfere
with the use of the easement 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.
Maintenance and Reoairs: The cost of any maintenance or repair of the driving surface
within the easement area shall be allocated between the owners of the lands of SCHOOL
DISTRICT NUMBER 19 and the lands of RELIEF NURSERY in accordance with the
provisions of ORS 105.170, et seq, as now in effect or as hereafter amended..
~uccessors in Interest:The provisions of this instrument touch and concern, and relate to the
use of the lands of SCHOOL DISTRICT NUMBER 19 and the lands of RELIEF
NURSERY, 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 the
aforementioned lands.
B)
C)
Date Received:
JAN :.. 9 2009
DECLARA nON OF PRIVATE JOINT-USE EASEMENT
Original Submittal
Page I of5
IN WITNESS WHEREOF, I hav51."executed this Df'LARATION OF PRIVATE JOINT-USE
ACCESS EASEMENT on this. '/ day of '-JJe.c.-e..vnCe.Y . ::Joo Y? .
GRANTOR:
Lane County School District No. 19, Springfield, Oregon
By: ~~'fj
Printed Name: ~C1 rB':.}9 ,
Title: ~1'3:>aYct Ch::Ur
GRANTEE:
::liefNUC:: an o[~~n O:;j :rnoration
Printed Name: --1re VI e 1\ l \ ~ 12/
Title: Lyer.uJ.' Ie.. ~
STATE OF OREGON )
County of Lane )SS
6~M'~ t1 .,' 12~8 pers9n~j): appeared the above named nttVltVf'
f(] J / as the ~ (iY~ of the Lane. County School District
NUm 19Jspringfield, Oregon and:acknowledged the foregoing to be hislher voluntary act and
deed. '
. OFFICIAL SEAL
THERESA JAMES
,", NOTARY PUBUC.QREGON
COMMISSION NO, 405466
MY COMMISSION EXPIRES APR. 27, 2010
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Notary Public for Oregon
1/1
Date Received:
,,',
JAN - 9 2009
Ii;,
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Original Submittal
Page 2 of 5
STATE OF OREGON )
County of Lane )SS
Qn l)l{I.(1I\I\ bv- \t,~~~~ ~SOnallY appeared the above named W.(~
1.>-\ IhAdIv as the (('.tuliJl' of Relief Nursery, Inc" an Oregon non-
profit corporation and acknowledged the foregoing to be hislher voluntary act and deed,
I .' OFFiCiAL SEAL
I ,,' " THERESA JAMES
",,' NOTARY PUBUC.QREGON
I ' , COMMISSION NO 405466
MY COMMISSION EXPIRES APR. 27, 2010
Notary Public for 0
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Date Received:
JAN - 92009
Ori9inal SubmiitaJ
>r."...~.;-.:..
DECLARA nON OF PRIVATE JOINT-USE EASEMENT
Page 3 of5
EXHIBIT 'A'
EASEMENT LEGAL DESCRIPTION
SITUATED in the City of Springfield, Lane County, State of Oregon in the West 1/2 of the
Northwest 1/4 of Section 5, Township 18 South, Range 2 West of the ,Willamette Meridian and
described as follows:
COMMENCING at the most southerly southeast cornet of those lands surveyed in County Survey
File Number 37770 filed on November 5, 2002 by Rex A Betz; THENCE along the south line of
the lands in said survey West, 250.40 feet to a point on the southerly extension of the north-south
portion of the northerly line of the lands in said survey; THENCE along said southerly extension
North 00003 '00" East, 357,04 feet to a point on a line lying 40,00 feet southerly, by perpendicular
measurement, from the southerly east-west portion of the northerly line of the lands in said survey,
said point being the TRUE POINT OF BEGINNING; THENCE along said parallel line East,
255.40 feet to the west margin of South 42nd Street as dedicated in that Declaration of Dedication
recorded on April 10, 2007 as Reception Number 2007-023540 in the Lane County Oregon Official
Records; THENCE along said west margin North 00003'00" East, 40,00 feet to said southerly east-
west portion of the northerly line of the lands in said survey; THENCE along said northerly line
West, 255.40 feet to an angle point; THENCE along the aforesaid southerly extension South
00003'00" West, 40,00 feet RETURNING to the TRUE POINT OF BEGINNING.
Date Received:
JAN - 9 2009
Original Submittal
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Page 4 of 5
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EXHIBIT 'B'
EASEMENT MAP
EASr 259.40
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LANDS OF'
NUMBER 19
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EASr 509,80
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Date Received:
JAN - 9 2009
Original Submittal
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Page 5 of5