HomeMy WebLinkAboutEasement APPLICANT 9/8/2009
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Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DE CLARA TION
.... of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER
EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) DAVID M. NOWAK, Declarant herein, is the owner of Parcels I and 2 of Land Partition
Plat No. 2009-P as partitioned and recorded
2009 in the Land Partition Plat Records of Lane County, State of Oregon.
2) TAWNY A R. PM TT, Declarant herein, is the owner of Parcel I of Land Partition Plat
Number 2007-P2141 as partitioned and recorded June 29, 2007 in the Land Partition Plat
Records of Lane County, State of Oregon. .
3) The owners desire to create easements and define maintenance responsibility on certain areas
and facilities for the benefit of future owners of the parcels as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: DAVID M. NOWAK and TAWNYA R. PRATT hereby create a
perpetual easement for the joint benefit of Parcels I and 2 of Land Partition Plat No. 2009-P
over those two certain areas designated as "JOINT USE VARIABLE
WIDTH PRIV ATE ACCESS AND PRIV ATE UTILITY EASEMENT" on said partition plat
in two places for private access and private utility purposes. .
B) Easement Created: DAVID M. NOWAK hereby creates a perpetual easement for the joint
benefit of Parcels I and 2 of last said partition over that certain area designated as "JOINT
USE VARIABLE WIDTH PRIVATE STORMW A TER DRAINAGE EASEMENT" on said
partition plat as said easement lies in Parcel I for private storm drainage and storm trench
purposes.
C) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
D) Use of the Burdened Prooertv: 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 access easement areas, including the agents, employees,
tenants, and invitees of said owners.
E) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway within
the easement areas shall be split equally between the owners of Parcels I and 2 of last said
partition. The cost of any maintenance or repair of private utilities lying within the easement
areas will be the responsibility of the owner of the respective facility. The cost of any
maintenance or repair of the shared private utilities and/or the shared storm drainage system
lying withinthe easement areas will be split equally between the owners of the parcels using.
the shared facility.
F) NOT USED HEREIN Date Received:
G) NOT USED HEREIN
SEP - 8 2009
DECLARATION
of Original Submittal
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIV ATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER
EASEMENT
Page I of2
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H) Successors in Interest: The provisions of this instrument touch and concern, and relate
to the use of Parcels I and 2 of said partition, 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 ofalfowners of any of the aforementioned parcels.
IN WITNESS WHEREOF, I have executed this DECLARATION OF JOINT USE VARIABLE
WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT AND JOINT USE
VARIABLE WIDTH PRIVATE STORMW A TER EASEMENT on this h'~ day of
_SP nJ /:':,........ h.?r , 20 C)\
,
Cj:j~A111 4.l
David M. Nowak
..~------------------
i I) OFFICIAL SEAL II
I ANGELA ERWIN
I. .' NOTARY PUBLIC. OREGON Ii
I, COMMISSION NO. 421788
V MY COMMISSION EXPIRES SEPTEMIlER 26. 2011 J
".~. ."" -.. ---------~\
STATE OF OREGON )
)ss
County of Lane )
On this ().!. day of 5~.u,).c ~ IV,....- , 20 09, before me personally appeared David
M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed.
/kc3/L 'L(L-~~
Notary Public for Oregon
Tawnya R. Pratt
STATE OF OREGON )
)ss
County of Lane )
On this day of .20_, before me personally appeared Tawnya
R. Pratt and acknowledged the foregoing instrument to be her voluntary act and deed.
Notary Public for Oregon
Date Received:
SEP ;.. 8 2009
DECLARATION Original Submittal
of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIV ATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER
EASEMENT
Page 2 of2
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".
H) Successors in Interest: The provisions of this instrument touch and concern, and relate
to the use of Parcels I and 2 of said partition, 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 any of the aforementioned parcels.
IN WITNESS WHEREOF, I have executed this DECLARATION OF JOINT USE VARIABLE
WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT AND JOINT USE
VARIABLE WIDTH PRIVATE STORMW A TER EASEMENT on this day of
,20_
David M. Nowak
STATE OF OREGON )
)ss
County of Lane )
On this day of . 20_, before me personally appeared David
M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed.
Notary Public for Oregon
~~~R-#-
STATE OF OREGON )
)ss
County of Lane )
On this :2'8 day of J ... \!;\ _ , 20 M, before me personally appeared Tawnya
R. Pratt and,acknowledged the f6regoing instrument to be her voluntary act and deed.
~. - - OFFK:V.LSEAL
, BRENDA LEE CARLIN
!l . ~ NOTARY PUBLIC - OREGON
~.. COMMISSION NO. 416749
. MY COMMISSION EXPIRES JUNE 7. 2011
,_ _ ~A __ __~ _ __ __ _ ___
--f3/V.Q~L- (J ~
Notary Public for Oregon
Original Submittal
DECLARATION
of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW A J:ER
EASEMENT
Page 2 of2
C'
Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
5.00' WIDE PRIVATE SANITARY SEWER EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
1 ) DAVID M. NOWAK, Grantor, is the owner of Parcel 2 of'Land Partition Plat Number
2007-P2141 as partitioned and recorded June 29, 2007 in the 'Land Partition Plat Records of
Lane Comity, State of Oregon.
2) TAWNYA R. PRATT, Grantee, is the owner of Parcell of Land Partition Plat Number
2007-P2141 as partitioned and recorded June 29, 2007 in the Land Partition Plat Records of
Lane County, State of Oregon.
3) The Grantees have an existing sanitary sewer lateral from their home on said Parcel I that
crosses a portion of the land of the Grantor.
4) The grantor is dividing his lands into two parcels as shown on Land Partition Plat No. 20_-
P , as partitioned and recorded _, 20_ in the
Land Partition Plat Records of Lane County,State of Oregon.
5) As a condition for approval of said partition by the City of Springfield, the Grantor desires to
create an easement to cover the existing sanitary lateral that benefits the lands of the
Grantees that crosses it portion of Grantor's lands. ,
THEREFORE:
DAVID M. NOWAK, Grantor, hereby grants, transfers and conveys to TAWNYA R. PRATT,
Grantee, a perpetual, non-exclusive, appurtenant easement for private sanitary sewer lateral
purposes and maintenance thereof over and under that certain area designated as "5.00' WIDE
PRIVATE SANITARY EASEMENT" on said partition plat (LPPN 20_-P ) as said
easement crosses the northerly portion of the panhandle section of Parcel I of said partition plat.
SUBJECT TO THE FOLLOWING:
I) The intent of this document is to create an easement that covers the existing lateral.
Should the lateral be found not to lie within the described easement, the centerline of this
easement shall adjust automatically so as to follow the centerline of said lateral.
2) Costs for maintenance and repair of the private sanitary sewer shall be the responsibility
of the Grantees.
3) Upon completion of any maintenance or repair, the Grantees shall return the disturbed
area to its condition that existed prior'to said work.
4) 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.
5) This easement is not personal or in gross, but is appurtenant to each and every portion of
the lands of the Grantee.
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 as~igns.
. . . Date Received:
SEP - 8 2009
5.00' WIDE PRIVATE SANITARY SEWER EASEMERJlgina\ Submitt~l
Page I of2
!
IN WITNESS WHEREOF, I have executed this 5.00' WIDE PRIVATE SANITARY SEWER
EASEMENT on this OJ day of .(> ,? /..c /n ~."., , 200'1 .
. -
CkJaiJ /f1 %~
David M. Nowak
STATE OF OREGON )
)ss
County of Lane )
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I) OFFICIAL SEAL r
I ,., ANGELA ERWIN I
I \.,./ NOTARY PUBLI,C - OREGON j
I " COMMISSION NO. 421788 I
t: MY COMMISSION EXPI.RES SEPTEMBER 26. 2011 t
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On this (j" day of. "'-/ I?J-> ,ro k",,-- , 20(71, before me personally appeared David
M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed.
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~j~)eA:- ~'V"(A.-r"---
Notary P6blic for Oregon
Date Received:
SEP - 8 2009
Original Submittal
5.00' WIDE PRIVATE SANITARY SEWER EASEMENT
Page 2 of2