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Home My WebLink AboutEasement APPLICANT 12/21/2007 L'- . ( After Recording Returl. .0: Poage Engineering & Surveying, Inc. POBox 2527 Eugene, OR 97402 Division at "'''-d.,of Deput.y Clerk Lane' Count" l and Records l~~i.~i~~l~ II r ,,/ III IIIJI 1111111111 III 111111111111 1111111111 $41 ,00 00958458200700780190030030 11/20/200701:59:37 PM ! RPR-ESMT Cnt=2 Stn=1 CRSHIER 05 $5.00 $15.00 $10.00 $11.00 , DECLARA TION OF ACCESS & UTILITY EASEMENT AND MAINTENANCE ~GREEMENT RECITALS: Tuan Bui is the owner of Lots 9 and 10 of the Quinalt Subdivision as platted and recorded on 20 A/oV ,2007, Document No. 2007- 780/8 of the Lane County Oregon Plat Records, in Lane County, Oregori. This easement is being created to satisfy a condition of approval (by City of Springfield, planning approval SUB2006-000055) for.said Quinalt Subdivision. This easement and maintenance agreement impacts Lots 9 and 10 of said Quinalt Subdivision. DECLARATION OF EASEMENT: 1. Easement Created. Tuan Bui dbes hereby create a perpetual easement as described in Exhibit "A" attached, for the mutual and exclusive use of Lots g and 10 of said Quinalt Subdivision. 2. Puroose. The easement is to allow access, ingress and egress, and driveway purposes for said Lots 9 and 10. The easement may also be used for the installation, construction, inspection, maintenance, repair, reconstruction, and replacement of all public and private utilities and facilities necessary for the allowed future development of said Lots 9 and 10, along with the right to enter upon such premises for said purposes as long as such use does not interfere with ingress/egress access. , 3. Use of Burdened Prooertv. The owners or occupiers of the lots affected by the easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. No parking shall be allowed within the area of the easement. 4. Maintenance and Reoairs. The cost of any maintenance or associated repair of the area within the easement shall be proportionate to the use of the easement by the owners of said Lots 9 and 10. . 5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the use of said Lots 9 and 10, 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 enure to the heirs, successors, assigns, transferees, and personal representatives of all parties who own any of the aforementioned lots. . RECEIVED F:\Projects\ WP\Jobs 2501-4000\3464eO 1. wpd November 7, 2007 ',-..1 "..; Page 1 of 3 E'rJ~]./2J-()7 ( . tJ . 11 Dated this 7 day of )J;)~i2u.---, 2007 ~ Tuan Bui STATE OF OREGON ) ) ss County of LANE ) On this ?t6 , day of ;jiJU,J2,-,..,,)Vl-r .2007 tbere appeared before me, a Notary Public in and for the said state and county, the hereon named Tuan Bui, known to me or proven to me by satisfactory evidence to be the same person who executed the foregoing instrument, and acknowledged tbe same to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal. . OFFiCt4L SEAL ~UO;::Ai"J G ~TOVALL NOTARY PUBLIC' - oREGON ,...j CC~\4M!SSION NO. 420738 If:( COMMISSICN EXPIRES SEPT. 18. 2011 J A~4 Jk-udL 'j);f-/WI! Notary Public for Oregon My Commission Expires: RECEIVED .... '.' B \?..-2.l-07 y:- F :\Projects\ WP\Jobs 250 1-4000\3464eO 1. wpd November 7, 2007 Page 2 of 3 r ( Exhibit "A" BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO ROBERT H. BENNETT,ET AL, IN A WARRANTY DEED RECORDED SEPTEMBER 9, 2005, DOCUMENT NO. 2005-071165, LANE COUNTY OREGON OFFICIAL RECORDS, SAID POINT BEING ON THE NORTH MARGIN OF FAJRVIEW DRIVE, 30.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF FAIRVIEW DRIVE; SAID POINT ALSO BEING NORTH 89029'08" WEST 1050.02 FEET FROM A FOUND 5/8" IRON ROD MARKING THE SE CORNER OF DREWSDALE PARK AS PLATTED AND RECORDED ON BOOK 59, PAGE 17, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG SAID LAST DESCRIBED NORTH MARGIN, NORTH 89029' 08" WEST 22.01 FEET; THENCE LEAVING SAID NORTH MARGIN, NORTH 01044'50" EAST 84.00 FEET; THENCE SOUTH 89029'08" EAST 22.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE ABOVE DESCRIBED BENNETT, ET Al TRACT; THENCE ALONG LAST DESCRIBED WEST BOUNDARY, SOUTH 01044'50" WEST 84.00 FEET TO THE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON. RECEiVED --- ~ . - ",-.," .... By: \ 2.- 2.-' -07 F :IProjects\ WP\Jobs 2501-4000\3464eO 1 wpd November 7, 2007 Page 3 of 3 - t. .:,.' ! ( ( Division of Chi'eT Deput.y Clerk Lane Count.y Deeds and Records l~~i.~n~2~ SPRINGFIELD UT1LlTY BOARD PUBLJC UT1LlTY EASEMENT 1111111111111111111111111111111111111111111111111 00958459200700780200020020 11/20/2007 01 :59:37 PM CRSHIER 05 $31. 00 RPR-ESMT Cnt=! Sln=1 $10.00 $10.00 $11.00 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Tuan Bui, for consideration other L'1an monetary, the receipt whereof is hereby acknowledged, does hereby grant unto the City of Springfield, a municipal corporation, acting by and through its SPRINGFIELD UTILITY BOARD, and unto its successors and assigns, the right to enter uoon the lands of the undersigned situated in the City of Springfield, Lane County, Oregon, and more particularly described as follows: ft, 10.0 foot wide utilitv easement over Lots 5, 6, 7, and 8 of the Ouinalt Subdivision as platted andrecordedon?o /!IoV ,2007, Document No. 2007-' 780/8 :ofthe Lane County Oregon Plat Records, in Lane County, Oregon, and being more particulariy described as follows: The south 10.00 feet and east 5.00 feet of Lot 5, the west 5.00 feet of Lot 6, the east 5.00 feet of Lot 7, and the west 5.00 feet of Lot 8 of the Ouinalt Subdivision as platted and recorded on 70 ;!/dV. .2007, Document No. 2007- 78o/f? of the Lane County Oregon Plat Rec:Jrds, in Lane County ,Oregon. The easament is granted over, under, and through the above described portion of the Grantors property in Lane County, Oregon, to place, construct, operate, repair, maintain, relocate, and repiace therein an underground Electric distribution line, including vaults, transformers and ot~er necessary facilities, to remove and replace fences and lawns to the Extent necessary to construct, maintain, 2nd proted said lines. No part of any building or permanent structure will be placed upon this easement, other than asphaltic pavements, curbs, sidewalks, and driveway aprons. Tnis easement does not restrict the installation of phone, and cable tv faciiities to ser"e adjacent proper'Jes if so desired by the respective utility provider for each and provided installations meet SUB's approval. Ple3Se return to Springfield Utiliry Board, Atln: Ed Head 1001 Main Street, Springfield OR 97477 RECEIVED I." .... By: 1'2- - 2-( -01 3464 sub ease. Vtlpd October 22, 2007 Page 1 of 2 , '1' ( ( The undersigned covenants that he is the owner of the above-described property and that such property IS fres and cleaf of .encumbrances and liens: // ~..h-.--7 tuan Sui - /J vzre.,."..&.r 7 2{;{)"7 Date STATE OF OREGON ) ) ss. County of ) BE IT REMEMBERED, That on this 7d day of l/oz..Lt2-~, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Tuan Bui known to me to be the identical individua'j described in and who executed the. within instrument and acknowledged to me that they executed the same freely and voluntariiy. IN TESTIMONY WHEREOF, I have heraunto set my hand and affixed my official seal the day and. year last above written.. t7 '. j Y! 17 ~~ ./.7. AJ--/-z7Z-.!Cd'<..~ Notary Public for Oregon .' . .i#J; OFFiCiAL SEAL SU$A.fJ G STOVALL NOT.-'l.RY P!J5lJC . OREGON COMMiSSION NO. 420738 MY CGMffJSSION EXPiRES SEf'T.18. 2011 My commission expires: '7/;p/W I] Approved by: /. . ~/ - ~ ~ ~ /... /' R~oncf1Vleduna 6frector of Eiectric Operations Springfield Utiiity Board conveyance of real property or easement. /.......j ... --- Springfield Utiiity Soarn cccepts ~ . RECEIVED ,.,. .... By: \ 2,~Z-(-O 1. 3464 sub ease. wpd Oerobe: 22, 2007 Page 2 of 2 ., , '. . ~. After RecordIng Returl. .) Poage Engineering & Surveying, Inc. P.O. Box 2527 Eugene, OR 97402 Divi~ion of jf D~puty Clerk Lane;1 County De~6~ and Records l~~i.~i~~~l 111111111111111111111111 1111111111111111111111 III 00958~60200700780210030032 11/20/2007 01 :59:37 PM CRSHIER 05 $36,00 RPR-ESMT Cnt=t SeA=1 $15.00 $10.00 $11.00 i " DECLARATION OF PRIVATE SANITARY SEWER EASEMENT RECITALS: Tuan Bui is the owner of Lots 5 and 6 of the Quinalt Sybdivision as platted and recorded on ;2.0 ,yW .,2007, Document No. 2007- 780/<:1 , Lane County Oregon Plat Records, in Lane County, Oregon. ., This easement is being created to provide sanitary sewer service to Lot 6 of said QUlnalt Subdivision and impacts Lot 5 of said Quinalt Subdivision. DECLARATION OF EASEMENT: 1. Easement Created. Tuan Bui does hereby create a perpetual easement as described in Exhibit "A" attached, for the exclusive use of .Lot 6 of the Quinalt Subdivision as platted and recorded on 20 A/OV_ ,2007, Document No. 2007- 780/tl Lane County Oregon Plat Records, in Lane County, Oregon. 2. Puroose The easement is for installation of private' sanitary sewer piping, and for fixtures and appurtenances attached thereto, and for said purposes to place, construct, operate, and replace, repair, maintain, inspect, reconstruct and replace said sewer piping, fixtures and appurtenances and necessary installations, and the right to enter upon such premises for said purposes. ' 3. Use of Burdened Prooertv. The owners or occupiers of the lots affected by the easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. 4. Maintenance and Reqairs. The cost of any m:aintenance or repair of the area within the easement associated with repairs or maintenance of the private sanitary sewer service for Lot 6 shall be the sole r~sponsibility 'of the owners of Lot 6. . , 5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the use of said Lot 5, and are intendedHo be covenants and restrictions running with the land. All provisions of this instrument, including the benefits ~ndburdens, are binding and enure to the heirs, successors, assigns, transferees, and personal. representatives of all parties who own any of the aforementioned lots. ' RE.C~:::~\lEO F:\Projects\ WP\Jobs 250 1-4000\J464e02. wpd November 7, 2007 . . . -:- ~.........,~ ...... .-.... By,: \ 1./2",( -D 1 Page 1 of 3 t:b Dated this 1 day of ;JIJL!~ 2007 , ~---'- Tuan Bui STATE OF OREGON ) ) ss County of LANE ) On this 1& , day of' 1/ (J7 ) " .~ , 2007 there appeared before me, a Notary Public in and for the said state and county, the hereon named Tuan Bui, known to me or proven to me by satisfactory evidence to be the same person who executed the foregoing instrument, and acknowledged the same to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal. C~i=iCiAl SEAL i SUSAN G 5TOV.~lL NOTARYFUEUC.OREGU~ COMfffiSSiON NO. 42!Ji38 MY COMMISSION EXPIRES SEPT, 18, 2011 . F:\Projectsl WPIJobs 250 1-400013464e02.wpd November 7, 2007 J.:-#.~/JJkr "P( Notary Public for Oregon . j; My Commission Expires: C; I/o;- 2.D II RECEIVED By: 11., .. \'2--2\-01 Page 2 of 3 'I ( ( Exhibit "A" Beginning at a point on the west line of Lot 5 of the Quinalt Subdivision as platted and recorded on 20)../01/- , 2007, Document No. 2007- 7RO/8 , Lane County Oregon Plat Records, in Lane County, Oregon, said point being 5.00 feet from, when measured at right angles to, the south boundary of said Lot 5; thence leaving said west line and running parallel to said south boundary, South 89"28'26" East 45.00 feet to a point on the east line of said Lot 5; thence along said east line, North 00"35'57" East 10.00 feet; thence leaving said east line and parallel to last described south boundary, North 89028'26" West 45.00 feet to a point on the west line of said Lot 5; thence along said west line South 00"35'57" West 10.00 feet to the point of beginning, all in Lane County, Oregon. RECEIVED .... '..; By:_1 2..-7) ~Ol_ F:\Projects\WP\Jobs 250 1-4000\3464e02.wpd November 7, 2007 Page 3 of 3