Loading...
HomeMy WebLinkAboutEasement APPLICANT 7/24/2008 , . " Division of "'Ief Deputy Clerk Lane County ads and Records ~~~~.~mlo 111111111111111111111 111111111111111 $31.00 rIl1H29052r1lrll :10.,4.6,51,,2,(.,,607/17/200801:37:11 PM RPR-ESMT Cnt=l Stn=l CASHIER 06 $10.00 $10.00 $11.00 PUBLIC UTILITY EASEMENT Tax Map 17-02-30.43, Portiqn of Tax Lot 6401 (on the date of execution) THIS INDENTURE MADE and entered into this day of ,2008 by and between CARVER FAMilY LIMITED PARTNERSHIP, an Oregon limited partnership, hereinafter referred to as the Grantor, and the CITY OF SPRINGFIELD, a municipal corporation, in lane County, Oregon, hereinafter referred to as the Grantee, WITNESSETH: In Consideration of the acceptance by Grantee and the use or holding of said easement for present or future public use by Grantee, Grantor hereby grants, bargains, sells and conveys unto the Grantee, a perpetual easement, 7.00 feet in width, together with the right to go upon said easement area hereinafter described for the purpose of constructing, reconstructing, maintaining and using PUBLIC UTILITIES which may hereafter be installed on the following described property, to-wit: SITUATED in the City of Springfield, Lane County, State of Oregon in the Southeast 1/4 of Section 30, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING a portion of the iands that were conveyed as "PARCEL I" in that certain Warranty Deed to CARVER F AMIL Y LIMITED PARTNERSHIP, an Oregon limited partnership, that was recorded December 27, 1996 in Reel 2249R at Reception Number 9686265 in the Official Records of Lane County, State of Oregon. Said portion being more particularly described as follows: BEING all of the southerly 7.00 feet, by perpendicular measurement, of"P ARCEL I", which strip lies contiguous with and northerly of the north margin of Kathryn Avenue (a 60.00-foot wide right-of-way), as said margin and street are shown on the plat of "First Addition to the Adams Plat" as platted and recorded January 27, 1949 in Volume 15 at Page 2 in the Plat Records of Lane County, State of Oregon. TO HAVE AND TO HOLD the above easement unto the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor above named has hereunto set its hand and seal this l< day of _ \""1 ,2008. . . CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership signofJ C~ printName:T. if, r ~Vl::-:~ Print Title: H.~. C~~ Sign: Q~SM' 2.~ (j . ( Print Nam~"2N '-/-~ 2~- 9Gfl;J~ JL-F<.. ( Print Title: IJ.. ilNlP-o'-A X V SEE PAGE 2 FOR ACKNOWLEDGEMENTS THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal _.: Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed tt8ateisflteseived: '\:~ accepted. . .~. ,,:' CITY OF SPRINGFIELD By: Dennis P. Ernst - City of Springfield Surveyor JUL 2 ~ 2008 ;~!~il ) Final Submittal 7 /7/08 Date Z:\2OO7\07.194 Carver\SURVEY\LEGAlSI07-194 PUE TL 6401 061308.doc RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 REVISED September, 2004 y " STATE OF C. I } COUNTY OF <:::"'1' rzll\^oO,,!:l.L..- SS BE IT REMEMBERED that on this \.<, day of -Ju,-v , 2008 before me, the undersigned, a not9J:l( public in and for said County and State, person'ally appeared the within named _ \"!-I--l S. l 'A.<2."~ whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the/a ofthe within named limited partnership and does acknowledge said.instrument to be the free act and deed of said partnership, and that said instrument was signed and sealed in behalf of said partnership. IN TESTIMONY WHEREOF, I. have hereunto. se.t my hand and affiXed-mY-OffiCialml.th~~d~Y. year last above written. ~-' I lif ' -"-- , ,'___'~.' ~ ___--1.. I ~ .J.. '~". JEFF DEWITT 17n t C. '--, 2,.(1'-'" comm. Isslon #.1737070 . Notary Public for (. A " ..... .. Notary PubliC" California ~ ~. " Sacramento' County. 1- 'f- '" J..,:', . ..My~0.:n'.",!,,~r;:s~r6}~1"l, My Commissio~ EX~i;~1 J STATE OF COUNTY OF LA I' } ss Qn'i.-?A.~ BE IT REMEMBERED that on this \ S day of jo L.../ , 2008 before me, the undersigned, a notary plJblic in and for said County and State, personany appeared the within named \).>N0.F;F <:". CAA.\lQIL whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the/a ofthe within named limited partnership and does acknowledge said instrument to be the free act and deed of said partnership, and that said instrument was signed and sealed in behalf of said partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixeiiiiiy ofi;C'iaTW"" t~ay atar iast above written.' . ! __________ r~ 1. ' ~otary PUbl~C fO; C .~ -', , .. ..,.......'..l I.:. " :,,: .. ..,:.: "f @ JEFF DEWITT ~ ......., Commission # 1737070 i . .... . Notary PublIc. CoUfornla ~. z" Sacramento County .. J" , " .' .,/~~'."~r~s~r~:2.01}J Lj--(., - 20 II My Commission Expires < Date Received: 7.00-FOOT PUBLIC UTILITY EASEMENT WITHIN THE LANDS OF CARVER FAMILY LIMITED PARTNERSHIP JUL 2 42008 Final Submittal Pal,e 2 of 2 .-, ~. Division of ef Deputy Clerk Lane County ~eeds and Records l~~~.~mlD $31. 00 111/11111 "111111 11111 11111111111111111111l1li 01r1l129g~2r1l0~rIlrll41676r1l020023 07/17/200801:37:11 PM RPR-ESMT Cnt=l Stn=l CASHIER 06 $10.00 $10.00 $11.00 PUBLIC UTILITY EASEMENT Tax Map 17-02-30-43, Portion of Tax Lot 6400 (on the date of execution) THIS INDENTURE MADE and entered into this day of ,2008 by and between CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, hereinafter referred to as the Grantor, and the CITY OF SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as the Grantee. WITNESSETH: In Consideration of the acceptance by Grantee and the use or holding of said easement for present or future public use by Grantee, Grantor hereby grants, bargains, sells and conveys unto the Grantee, a perpetual easement, 7.00 feet in width, together with the right to go upon said easement area hereini?fter described for the purpose of constructing, reconstructing, maintaining and using PUBLIC UTILITIES which may hereafter be installed on the following described property, to-wit: SITUATED in the City of Springfield, Lane County, State of Oregon in the Southeast 1/4 of Section 30, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING a portion of the lands that were conveyed in that certain Warranty Deed to Carver Group Investors, LLC, an Oregon limited liability company, that was recorded August 18, 2006 at Recorder's Number 2006-060155 in the Official Records of Lane County, State of Oregon. Said portion being more particularly described as follows: BEING all of the southerly 7.00 feet, by perpendicular measurement, of said lands that were conveyed to Carver Group Investors, LLC, which strip lies contiguous with and northerly of the north margin of Kathryn Avenue (a 60.00-foot wide right-of-way), as said margin and street are shown on the plat of "First Addition to the Adams Plaf' as platted and recorded January 27,1949 in Volume 15 at Page 2 in the Plat Records of Lane County, State of Oregon. TO HAVE AND TO HOLD the above easement unto the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the (lrantor above named has hereunto set \< day of ,\".....J , 2008. 1 . CARVER GROUP INVESTORS, LLC, an Orl190n limited liability company Sig'8 rJ\iI~ Print Name '3, .S I r ~~ its hand and seal this Sign: ~ OO.A) (f" !ff~/1~'" J Print Name:UJiJ vC;: (f Q.e.Fhr(.J.lfp~ 1 ,~_. Print Title: f-1. y<WJ A-~ IDe PrintTitle: ~I IA /LJJ.....-c2j :h f d SEE PAGE 2 FOR ACKNOWLEDGEMENTS THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby accepted. CITY OF SPRINGFIELD By:L_~ )!- Dennis P. Ernst - City of Springfield Surveyor 7.//7 / t:J~ Date Date Received:- RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT -225 FIFTH STREET - SPRINGFIELD, OR&~7A-t008 Z:\2007\07.194 Carver\SURVEY\LEGAlS\Q7-194 PUE TL 6400 061308,doc REVISED September, 2004 Final Submittal '. f "1i'- STATE OF COUNTY OF CAe , Sr>rr7i~ } SS BE IT REMEMBERED that on this \ 5 day of ~O'-" , 2008 before me, the u~dersigne~ a notary public in and .tor said County and State, personally appeared the within named _ \0\~1. :::'. (@\It>IL.. whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the of the within named limited liability company and does acknowledge said instrument to be the free act and deed of said liability company, and that said instrument was signed and sealed in behalf of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixecjJ11Y_offlcial s~t~..:!a~a ear last above written. "-.. ~ - \ -. ~- ~ PUblic'tO; ( ',4. STATE OF COUNTY OF JEFF DEwlTI ~.. Commission # 1737070 _ i -6 " Notary public - California ~ ~ . Sacramento County f' J. '. , . ,Myco;n':":'f'r~st":r6;~?I} . 'C ~ <:::::a (, c~ J" } SS 't - ("-<'.oil , My Commission Expires BE IT REMEMBERED that on this \ S_ day of .Ju'-. V , 2008 ~fore me, the undersigned, a (lotary )l..ublic in and for said County and State, personally appeared the within named D.."",,-JSF" G, LJ\R,,~ whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the of the within named limited liability company and does acknowledge said instrument to be the free act and deed of said liability company, and that said instrument was signed and sealed in behalf of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed<Q1yofficialW!JQe day a~ear last above written .--J.lftl I ~.C::*- ' ~tary PUbli~ for U ' J'"' ... ... a ... ... ... ... - ... _0.... '" ... ,,- ,. ',. @ JEFF DEWITT r ", Commission # 1737070 . t i .'6 Nofary PUblic - callfo,rnla ~ Sacramento County - J..,.. .. /4Y;~~'\~r~s~~.2.01}..1 ,+-(,.(011 My Commission Expires Date Received: JUL 2 % 2008 7.00-FOOT PUBLIC UTILITY EASEMENT WITHIN THE LANDS OF CARVER GROUP INVESTORS, LLC Page 2 of2 Final Submittal - , Recorded at the request of and after recording return to: ~~~~S~::n~~ .._~:~ ~~:u~~c~;::k ~~~~.~ml1 II r11 I IIlI II '\1'1\ 1\11\1 \ 1\ II II \ \ 1\1\ 1\11111111 $46,00 01112967210 :00416770040144 0711712008 01: 37: 11 PM RPR-ESMT Cnt=2 Stn=l CASHIER 06 , $!.OO $20.00 $10.00 $11.00 Bnmch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 PRIVATE JOINT -USESTORMW ATER EASEMENT AND MAINTENANCE AGREEMENT The true and actual consideration for tllis declaration is other than monetary. RECITALS: 1) CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor, is the owner of the lands that were conveyed in that certain Warranty Deed that was recorded August 18,.2006 at Recorder's NWllber 2006-060155 in the Official Records of Lane County, State of Oregon. 2) CARVER F AMIL Y LIMITED PARTNERSHIP, an Oregon limited partnCl'ship, Grantee, is the owner of the lands that were conveyed as "PARCEL I" in that celiain WmTanty Deed that was recorded December 27, 1996 in Reel 2249R at Reception Number 9686265 in the Official Records of Lane County, State of Oregon. 3) The Grantee desires to acquire an easement for transference of storm water from its lands across the lands of the Grantor to public stonn drainage facilities that lie iil the public rigbt- of-way to the west that is known as 35th Street. 4) Grantor and Grantee desire to establish maintenance responsibilities for the joint-use storm Incilities that will lie in said easement. THEREFORE: CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor, hereby grmlts, transfers and conveys to CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited pm-tnership, Grantee, a noh-exclusive, perpetual, appmienmlt easement for storm water conveyance including, but not limited to pipes and open ditch, over and under the strip of land that is described in Exhibit "A" attached hereto and made a pmi hereof. The use of said easement shall be subject to the following: 1) Both tile Grantor and Grantee shall have joint use of the storm facilities in the easement area. 2) Costs and maintenance of the open ditch shall be shared .equally between ihe Grantor and Grantee. 3) Costs for maintenance and repair of the private storm facilities that m'e specific to an individual owner shall be the responsibility ofthat owner. 4) The easement is not personal or in gross, but is appwienmlt to each and every portion of the lmids of the Grantor and Grantee. 5) Grantor shall at all times, and without restriction, have the right to use the easement area for purposes not inconsistent with the purpose of the easement. 6) Said easement shall run with the properties herein described and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors or assigns. IN WITNESS WHEREOF, we have executed this PRIVATE JOINT-USE STQ,RMWATER EASEMENT AND MAINTENANCE AGREEMENT on this ,IS day of ,1!J....,! ,2008. I , SEE PAGE 2 FOR GRANTOR SIGNATURES AND ACKNOWLEDGEMENTS SEE PAGE 3 FOR GRANTEE SIGNATURES AND ACKNOWLEDGEMENTS rRIV A TE JOINT.USE STORMWATER EASEMENT AND MAINTENANCE AGREEMENT Date Received: JUL 24 2008 ...., Page I of4 Final Submittal CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor Sign:-1j)()~ V - "- Print Name: ,J,,~ r A-~vL-f<.. Sign: l OilAf ,w." ~~ r~1'2 1f..EtJ, Print Title: lt1. v-rrVt+ G /=::--R Print NameVk" N'J J;l C; ~ I Print Title:7J) t1l-.~ A ) , u-'-- STATE OF COUNTY OF CA <::'n~::.cZ1J"A"h he, } 88 BE IT REMEMBERED that on this 1 S day of JULY , 2008 before me, the undersigned!" a no1<\ry public in and for said County and State, personally appeared the within named DE'N.J.$E ~. C'A~\if'lc whose identity was proven to me on the basis of satisfactory .evidence and who by me duly sworn, did say that he/she is the of the within named limited liability company and does acknowledge said instrument to be the free act and deed of said liability company, and that said instrument was signed and sealed in behalf of said limited liability company, ' I,N TESTiMONY WHEREOF, I have hereunto set my hand and affixed m.jL.OffiC~1 .se@l..the~y and year last above written. 'C., ~ ,'-, ' , ~- \ ~ . l@~~~~~~~,,",;! ;Ola~ PcbU, ,,,- c1 ' :; -.,; Notary Public, California I i', Sacramenlo County, p '-t-- (., . 2 () i 1 J, ,,', , ,"\":~~'~~~~'2.o~~".t My Commission Expires "STATE OF COUNTY OF C <-.0" ~h, }, 88 BE IT REMEMBERED that ,on this 1 ~ day of ju....,j , 2008 before me, the un(iersigned, a n>l,tary public in and for said County and State, personally appeared the within named -Jo~ s. CAA~ whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the of the within named limited . liabiiity company and does acknowledge said instrument to be the free act and deed of said liability company, and that said instrument was signed and sealed in behalf of said limited liability company. iN TESTIMONY WHEREOF, I have hereunto set my hand and af~fltY-~ffiCial,se~1 the a and year la:;t above written. ~ @ . c ",:J - , . Notary Public for (~ ~.. '. -: c:~~f:~~~~W:T;370~O ( It-(,,- 2Cl If i :..,; Notary Public. Collfornla ~ My Commission Expires ~' Sacramento County ~ . , . . '1"';~~'.Ex~~~~~ Date Received: PRIV ATE JOINT .USE STO tMW ATEI~ EASEMENT JUL 2 4 2008 AN]) MAINTENANCE !\.GREEMENT Final Submittal Page 2 J1' 4 "~I CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, Grantee S;go 6~n~ Print Name: J, S, (At<vl2fl Print Title: k y<=\-1V'/+6 ~ Sign~ 'U rlJ ~(VL(M'A' / Print NamJl p /', f 'I -3 1- W (IJ...gCf L:-Iz.. Print Title: "},) ~P/70 '{./ , (j } SS BE IT REMEMBERED that on this ' \ S day of j OkV , 2008 before me, Ule und~rsigned, a notar)/-'{lublic in and for said County and State, persona'i1y appeared the within named --.)t>~ S, 1......"'-R.>JIo"<- whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the/a of the within named limited partnership and does acknowledge said instrument to be the free act and deed of said partnership, and that said instrument was signed and sealed in behalf of said partnership. STATE OF COUNTY OF ('A G:, cro.'N?,.fl, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officiaw' aLth.e d~y year last above written. c::::. \ I "--, '". "'"".,, '" "'e::" '" -v '. ,. JEff DEWITT I r@ ,omm"""" m"," . Nol'~ Poblid" C :; 'If'" Notary public - California ~ ~. ~, Sacramento County r "1-- (.,--LO II -" MY Comm expires 6.2011:l, 1. " . . . J I , " ,'" , ..,{'1? , "', . My Commission Expires STATE OF COUNTY OF CA i } SS c:::::.r> tr """".MO~ BE ITEEMEMBERED that on this \5 day of '- \ o<-.-.} , 2008 before me, the undersigned, a jlotaf"t.JJublic in and for saili County and State, personally appeared the within named beN..J<:;(:"" (" l.AA..ueQ... whose identity was proven to me on the basis of satisfactory evidence and who' by me duly sworn, did say that he/she is the/a of the within named limited partnership and 'does acknowledge said instrurnent to be the free act and deed of said partnership, and that said instrument was signed and sealed in behalf of said partnership. . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixe dlTl<'.-:ef.~~;;ia(lJ- e l-tRe,oay and '~ar last above written., ' {' ~ i . _________. '::3 , ~tary PUbliC-for r: l~' ;o;~~;,;:,::~,,":l 1--(, ,,,,II :; . -lb Notary PubliC - California ~ My Commission Expires ~. ,. sacramento County t ~ _ ." . . .MY~~,:,.~~lres:",,:r~2?1}~,.t Date Received: JUL 2 ~ 2008 Final Submittal l'RIV ATE JOINT -USE STORMW ATER EASEMENT AND MAINTENANCE AGREEMENT Page 3 of 4 EXHIBIT" A" 10.00'-20.00' WIDE PRIVATE JOINT-USE STORMW ATER EASEMENT SITUATED in the City of Springfield, Lane County, State of Oregon in the Southeast 1/4 of Section 30, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING a portion of the lands that were conveyed in that certain Warranty Deed to Carver Group Investors, LLC, an Oregon limited liability company, that was recorded August 18, 2006 at Recorder's Number 2006-060155 in the Official Records of Lane County, State of , Oregon. Said pOliion being more partiGularly described as follows: BEGINNING at a point on the east line of said lands that were conveyed to Carver Group Investors, LLC, that lies on a line that is parallel with and 7.00 feet northerly, by pel1Jendiclilar measurement, Ii-om'the nOlih margin of Kathryn Avenue (a 60.00-foot wide right-of~way), as said margin and street are shown on the plat of "First Addition to the Adams Plat" as platted and recorded January 27,1949 in.Volume 15 at Page 2 in the Plat Records of Lane County, State of Oregon; THENCE, leaving said POINT OF BEGINNING and along said east line of said lands that were conveyed to Carver Group Investors, LLC, NORTH 000 33' 00" EAST 10.00 FEET, more or less to a point on a line that lies parallel with and 17.00 feet northerly, by perpendicular measurement, from said north margin of Kathryn Avenue; THENCE, along last said parallel line, NORTH 89027' 00" WEST 380.00 FEET to a point; THENCE, perpendicular to said margin, NORTH 000 33' 00" EAST 10.00 FEET to a point on a line that lies parallel with and 27.00 feet northerly, by perpendicular measurement, froni said nOlth margin of Katlu'yn Avenue; THENCE, along last said parallel line, NORTH 890 27' 00" WEST 151.75 FEET, more or less to a point on the east margin of 35'h Street (an 80.00-foot wide right-of-way), as said margin and street are shown on said, plat of "First Addition to the Adams Plat"; THENCE, along said east margin, SOUTH 000 33' 00" WEST 20.00 FEET, more or less, to a point on aforesaid line that is parallel with and 7.00 feet nOliherly, by perpendicular measurement, from the nOlih margin of Katluyn Avenue; AND THENCE, along last said parallel line, SOUTH 890 27' 00" EAST 531.75 FEET, more or less, RETURNING to the POINT OF BEGINNING and CONTAINING 6,835 Square Feet more or less. Date Received: JUL 2 ~ 2008 , Final Submittal PIUVATE JOINT-USE STORMWATEREASEMENT AND MAINTENANCE AGREEMENT Page 4 of 4 Recorded at the request of and after recording return to: L~~;-C~~nt;'D~;d~ ;~d-R;c;;d~ n 200B.041678 II II II II 11111111111111111 1111111111111 $46,00 J1J1~t7Jl0080J4.~7~0040047 07/17/200801:37:11 PM RPR-ESMT Cnt=2 Stn=l CASHIER 06 $e.oo $20.00 $10.00 $11.00 " , Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 PRIVATE JOINT -USE ACCESS AND PARKING EASEMENT AND MAINTENANCE AGREEMENT The true and actual consideration for this easement and agreement is other than monetary. RECITALS: 1) CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor/Grantee herein, is the owner of the lands that were conveyed in that certain Warranty Deed that was recorded August 18, 2006 at Recorder's Number 2006-060155 in the Official Records of Lane County, State of Oregon. (Tax Map 17-02-30-43, Tax Lot 6400 at time of execution of this document). 2) CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, Grantor/Grantee herein, is the owner of the lands that were conveyed as "PARCEL I" in that certain Warranty Deed that was recorded December 27, 1996 in Reel 2249R at Reception Number 9686265 in the Official Records of Lane County, State of Oregon. (Tax Map 17-02-30-43, Tax Lot 6401 at time of execution of this document). 3) The Parties hereto desire to create a private easement over a portion their lands for purposes of joint use parking and joint-use ingress and egress. ' 4) The Parties hereto desire to establish maintenance responsibilities for the driveway and parking improvements within the easement area. THEREFORE: CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor/Grantee, and CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, Grantor/Grantee, hereby grant, transfer and convey to CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor/Grantee, and CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, Grantor/Grantee, a non-exclusive, perpetual, appurtenant easement for joint use parking and joint-use ingress and egress over the land that is described in Exhibit "A" attached hereto and made a part hereof. The use of said easement shall be subject to the following: 1) Both Parties shall be able to use the paved driveway and parking areas within the easement area. 2) , No parking or storage shall be allowed within the designated access areas of said easement. 3) Costs and maintenance of the paved driveway and parking areas within the easement shall be shared equally between both parties.. 4) The easement is not personal or in gross, but is appurtenant to each and every portion of the lands of the Parties hereto as said lands are described above. 5) The holder of fee title of the lands underlying the easement area shall at all times, and without restriction, have the right to use the easement area for purposes not inconsistent with the purpose of the easement. 6) Said easement sha11 run with the properties herein described and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors or assigns. IN WITNESS WHEREOF, we have executed this PRIVATE JOINT-USE ACCESS AND PARKING EASEMENT AND MAINTENANCE AGREEMENT on this IS day of ,\0<-'.../ . 2008. , SEE PAGES 2 AND 3 FOR SIGNATURES AND ACKNOWLEDGEMENTS PRIVATE JOINT-USE ACCESS AND PARKING EASEMENT R . ed' AND Date ecelv . MAINTENANCE AGREEMENT JUL 2 4 2008 Page I of4 Final submittal CARVER GROUP INVESTORS, LLC, an Oregon limited liability company, Grantor/Grantee Sig"~nf~ Print Name: J ,;:;, C~C:,"it. Sign: [0 \)AA~d \UM~J Print Nam~ ? JJ \/.s r/ <tf ~...&' ~ ~ I ' Print Title: H A--NAb ~~ Print Title: ~{(L II. j J2., / STATE OF ' r'.t.. } COUNTY OF ~'''"7>'...i^h, SS BE IT REMEMBERED that on this ;,:; day of J OL- J , 2008 before me, the unqersigned, a notary public in and for said County and State, personally appeared the within named -.JD'N S. ('A.Q ~ whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the of the within named limited liability company and does acknowledge said instrument to be the free act and deed of said liability,company, and that said instrument was signed and sealed in behalf of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and <?ffixed"myriCWi ' ~al the at and year last above wntten. ..............- ........~ t- -------.. - ) .. / r . .,". . . ..,." - - . , :, . . .. !,/"Notary Public for 'A ..'" "'" JEFF OEWITT r" I ~..~... Commission # 1737070 z ' :; : _.. ' Notary PubliC' California ~ 't- c,.. 20 [I ~' ,', sacramento,caun,ty", P My Commission Expires ~ " Mycomm.ewr~stP.r6}.01},.r( ,.'," "" '" ""Q 'I'''' . . , STATE OF CA COUNTY OF <...y.,f'a", ""- b, } 88 BE IT REMEMBERED that on this \ S day of J () L->/ . 2008 before me, the undersigned, a notary )ll.lblic in and for said County and State, personally appeared the within named I>~';'E h.. (M:l..>J<:YL. whose identity was proven to me on the basis of satisfactory evidence and who'by me duly sworn, did say that he/she is the of the within named limited liability company and does acknowledge said instrument to be the free act and deed of said liability company, and that said instrument was signed and sealed in behalf of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and aff~mT~fficim,~ th; d11Jnd year last abovewntten. .....---,LI/LI ('"~~ ~Notary Public fO';- (lid i .. .- .-.. 1 (I. - . - - . - .. JEFF DEWITT .. '.....' . Commission # 1737070 :;: : -e; . Notary PublIC. California ~ z ' > z" Sacramento County t J. ..: . . .,MyC~,:" !,,~lr~s~~:2~~' ~ 4 - ("':?.f) I ( My Commission Expires Date Received: JUL 2 4 2008 Final submittal PRlV A TE JOINT -USE ACCESS AND PARKING EASEMENT AND MAINTENANCE AGREEMENT Page 2 of 4 CARVER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, Grantor/Grantee s;g"C~ () C ClM/&J\ Print Name::!: ,~. r (\, ~J "'-~ sign:_kDOAlM _U W. ~/L".1 .1- () , , printNameJ2^I'~J__ 9-f .~tL&Q.. , Print Title: t11"/-rv~ cd'-- Print Title: 7tv1l1.~----""'()A) () STATE OF C } COUNTY OF ~" rrtM'.-1 SS BE IT REMEMBERED that on this '\ S; day of ..... \ ()L.j . 2008 before me, the undl'rsigne~ a ngta.ry public in and for said County and State, personally appeared the within named ~O~ :::." ~ AD. "",,", whose identity was proven to me on the basis of satisfactory evidence and who by me duly sworn, did say that he/she is the/a of the within named limited partnership and does acknowledge said instrumj'lnt to be the free act and deed of said partnership, and that said instrument was signed and sealed in behalf of said partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixe:::r-mY'Off'ial[pLt~.eEtand year last above Written, "-,." "'- . . . ! . ~. .- .- JEFF .D;";IT~ - - . "t ~ary Public for r J+ t.~"" commission # 1737070 , :; i... "N010ry Public, COlllor,nla ! l\--- (.,. 2.J:) 1/ ~. " . Sacramento County t l.. ,', ':. }'t'~~,:,,~~r~s~r~2?'~ ~ My Commission Expires STATE OF CA I } SS COUNTY OF ~(''''''''''''^Vt. BE IT REMEMBERED that on this \ ~ day ,of '- \ )LJ , 2008 before me, the undersigned, a notary pa/Jlic in and for said County and State, person'ally appeared the within named 'D"",",-JsS G" <....AA-~ whose identity was proven to me on the basis of satisfactory evidence and who b'y me duly sworn, did say that he/she is the/a of the within named limited partnership and does acknowledge said instrument to be the free act and deed of said partnership, and that said instrument was signed and sealed in behalf of said partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and a(fixeEl"my'offiFia~!~e .dayfaftd year last above written., ~1 J)l1-"~ ~ary Public for (.~\ , ,_.:...,.:, :, c ....:., - ,.' '1 (it JEFF DEWITT ' 1 , . .... ' Commission # 1737070 :; :.. Notary Public, California ~ ~ Sacramento County, . t , '. . "M,v~~~.;x~r~s~r6;2~1.1J Lj--I,.-"2cl/ My Commission Expires Date Received: JUL 2 4 2008 Final submittal PRIVATE JOINT-USE ACCESS AND PARKING EASEMENT AND MAINTENANCE AGREEMENT Page 3 of 4 , . EXHIBIT "A" PRIVATE JOINT-USE ACCESS AND PARKING EASEMENT AND MAINTENANCE AGREEMENT SITUATED in the City of Springfield, Lane County, State of Oregon in the Southeast 1/4 of Section 30, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING a portion of (I) the lands that were conveyed in that certain Warranty Deed to Carver Group Investors, LLC, an Oregon limited liability company, that was recorded August 18, 2006 at Recorder's Number 2006-060155 in the Official Records of Lane County, State of Oregon and (2) the lands that were conveyed as "PARCEL I" in that certain Warranty Deed to Carver Family Limited Partnership, an Oregon limited partnership, that was recorded December 27, 1996 in Reel 2249R at Reception Number 9686265 in the Official Records of Lane County, State of Oregon. Said portion being more particularly described as follows:, BEGINNING at the point of intersection ,of the south line of said lands that were conveyed as ."PARCEL I" in the Warranty Deed to Carver Family Limited Partnership, with a line that lies parallel with and 5.50 feet westerly, by perpendicular measurement, from the east line of said lands; THENCE, leaving said POINT OF BEGINNING, along the south line oflast said lands and south line of the lands that were conveyed in the Warranty Deed to Carver Group Investors, LLC, NORTH 890 27' 00" WEST 239.50 FEET to a point on last said south line; THENCE, northerly crossing into last said lands, NORTH 000 33' 00" EAST 106.00 FEET to a point; THENCE, easterly and crossing into said lands that were conveyed as "PARCEL I" in the Warranty Deed to Carver Family Limited Partnership, SOUTH 890 27' 00" EAST 107.00 FEET to a point; THENCE, southerly, southeasterly and easterly, SOUTH 000 33' 00" WEST 71.67 FEET, SOUTH 440 27' 00" EAST 16.59 FEET and SOUTH 890 27' 00" EAST 120.77 FEET to a point on the aforesaid line that lies parallel with and 5.50 feet westerly, by perpendicular measurement, from the east line of last said lands; and THENCE, southerly along last said parallel line, SOUTH 000 32' 22" WEST 22.60 FEET RETURNING to the POINT OF BEGINNING and Containing 14,405 Square .Feet (0.33 Acres) more or less., "\ Date Received: JUL 2 4 2008 Final Submittal PRIVATE JOINT-USE ACCESS AND PARKING EASEMENT AND MAINTENANCE AGREEMENT Page 4 oN