HomeMy WebLinkAboutEasement APPLICANT 7/24/2008
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.
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Division of "'Ief Deputy Clerk
Lane County ads and Records
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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(
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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-
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Print Title:
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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