HomeMy WebLinkAboutEasement APPLICANT 9/29/2009
Recorded at the request of and
after recording return to:
Branch Englnaartng, Inc.
310 Fifth Street
Sprtngfiald, OR 97477
'OJYJ.10n 0' Chi.' Doput CI
Lan_ County De.. and R:eOl"'. 2009-054592
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DECLARATION.
ar
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT.
aDd
JOINT USE VARIABLE WIDTH PRIVATE STORMW ATER
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.:>tl93. as partitioned and recorded....2."" <,...,0 --'
2009 in the Land Partition Plat Records of lane County, State of Oregon.
2) TAWNYAR. PRATT, Declarant herein, is the owner of Parcel I of Land Partition Plat
Number2007-P2141 as partitioned and recorded June 29, 2007 in the Land pamtion 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) ~ementCreated. DAVID M. NOWAK and TAWNYA R. PRATT hereby create a
perpetual easement for the joint benefit of Parcels I and 2 of Land Partition PlatNo. 2009-P
~9.:t over those two certain areas designated as "JOINT USE V ARJABLE
WIDTH PRJV ATE ACCESS AND PRJV ATE UTILITY EASEMENT" on said partition plat
in two places for private access and private utility purposes.
B) f....e'1'ent 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 PRJVATE STORMWATER DRAINAGE EASEMENT' on said
partition plat as said easement lies in Parcel I for private storm drainage and storm trench
purposes.
C) Exclusion ofPIJE.. Notwithstanding any other langnage herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
D) Use ofthe Burdened ~ .....0..': The owners or occupiers of the parcelsaffected by
these easements shall have the right to use their }'~"'}'.....), 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 a.'l granted by this instrwnent. No vehicle parking or storage of vehicles shall
be allowed by aPy party within the access easement areas, including the agents, employees,
tenants, and invitees of said owners.
E) Maintenance and Ret'Jairs: 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 ...~_..; ,e facility. The. cost of any
maintenance or repair of the shared private utilitiesandlor the shaied stonn drainage system
lying within the easement areas will be split equally between the owners of the parcels using
the shared facility.
F) NOT USED HEREIN
G) NOT USED HEREIN
DECLARATION
or
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMWATER
EASEMENT
Date Received:
Page I of2
SEP 2 9 2009
Final Submittal d ~
~ ... .
.
H) ~e~<:ors. in J'1terest: The provisions of this instrument touch and conc~:' and relate
to the use of Parcels 1 and 2 of said partition, and are intended to be covenants and
restrictions running with the land. All provisions of this instrwnent, 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 VARJABLE
WIDTH PRJVATE ACCESS AND PRJVATE UTILITY EASEMENT AND JOINT USE
V ARJABLE WIDTH PRJV ATE STORMW A TER EASEMENT on this h< day of _'
S, ,'Jli.m1o'~ - 20..Qj.
%M~~ 11 ~~l
David M. Nowak
I) QFFIClAlBEAL ~
' ANGELA ERWIN
.'. NOTARY PUBLIC. OREGON
I COMMISSION NO. 421188
MY COWMISSION EXPIRES SEPTEMBER 21, 2011
- .
STATE OF OREGON )
)ss
County of Lane )
On this ~ day oC_~...I~- Ab~ 20..Qj, before me personally appeared David
M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed.
. (7rn.4 (J:.. .z:.' 1'....:
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 instrwnent to be her voluntary act and deed.
Notary Public for Oregon
DECLARATION
of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW ATER
EASEMENT
Date Recei led:
Page 2 of2
SEP 2 9 2009
Final Submittal /?~
.--
H) SllCCe!;!;ors in lnteres.!;. The provisions of this instrument touch and ""............~u, and relate
to the use of Parcels 1 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, 1 have executed this DECLARATION OF JOINT USE VARlABLE
WIDTH PRJVATE ACCESS AND PRJVATE UTILITY EASEMENT AND JOINT USE
V ARJABLE WIDTH PRJV ATE STORMW ATER EASEMENT on this day of
.20_
David M. Nowak
STATE OF OREGON )
)ss
County ofLane )
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
J . ,~.d?fi2-#-
Tawnya R. PrattU
STATE OF OREGON )
)ss
County of Lane )
On this ~dayof J LI.. _ 200~. before me personally appeared Tawnya
R. Pratt and acknowledged the ibregoing instrument to be her. voluntary act and deed.
_ OFRClALSEAL
BRENDA LEE CARUM
NOTARY PUBLIC - ORE8ON
COMMISStON NO. 418140
MY COUMJSSIOll EXPtRE&.IIJII( 7. 2011
~,_ (JJ.bJ
Notary Public for Oregon
DECLARATION
or
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMWATER
EASEMENT
Date Recei led:
Page 2 on
SEP 29 201 9
ilL-
J ..
Final Submittal
<I. "
. ,
Recorded at the request of and
after recording return to:
'Divi8ion 0' Chia' Depu~y Clark ~nn_~Arft'
Lana County Deeds and Recorda 'U~ij~
UlIIDjl~lW~1lIJVD11~!1~/~9 O9:23~::':'
RPR-ESnT Cnlol St.=6 CASHIER 07
510.00 510.00 511.00
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
5.00' WIDE PRIV ATE 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 County, State of Oregon.
2) TAWNYA R. PRATT, Grantee, 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 Grantees have an existing sanitary sewer lateral from their home on said Parcell 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 23 9.:2. as partitioned and recorded ~y ~p. --' 20Q2 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 a 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
PRJVATE SANITARY EASEMENT" on said partition plat (LPPN 2~-P:J,f} 92.. ) as said
easement crosses the northerly portion of the panhandle section of Parcel I of said partition plat.
SUBJECT TO THE FOLLOWING:
1) 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 repalr 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 assigns.
Date ReceiVEd:
5.00' WIDE PRIVATE SANITARY SEWER EASEMENT
SEP 2!9 2009
Page 1 of2
Final Submittal
ll~
I III
IN WITNESS WHEREOF, I have executed this 5.00' WIDE PRIVATE SANITARY SEWER
EASEMENT on this 0.3 day of ~..k _/.... ,20'::'1 .
~waklJ1l W
it.. - --" .-. -- -J)
. (8 OFFICIAL SEAL '
, ANGELA ERWIN
... NOTARY PUBLIC. OREGON '
COMMISSION NO. 4217&8
MY~M~SS~O~~~M~R~, 2.1)1.~
STATE OF OREGON )
)ss
County of Lane )
On this .llL.. day of _ '\ , ..11'-. h.N , 2001, before me personally appeared David
M. Nowak and acknowledged the foregoing instrwnent to be his voluntary act and deed.
(2"L ~>"""~_
Notary Public for Oregon
Date Receiv\.!d:
5.00' WIDE PRIVATE SANITARY SEWER EASEMENT ..
Page 2 of2
SEP 29 2009
Final Submittal
t2k-
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