HomeMy WebLinkAboutEasement APPLICANT 10/12/2009
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After recording return to:
Ken Olson
87417 Halderson Rd. .
Eugene, Oregon 97402
Date Received:
Until a change is requested
Mai\'all Tax Statements:
Ken Olson
87417 Halderson Rd.
Eugene, Oregon 97402
OCT I 2 2009
Original Submittal
PRIVATE ACCESS AND UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
Matthew Aaron Olson, Ken Olson and Marilyn Olson are the owners of a certain tract of real
property located in the Southeast one-quarter of Section 26 in Township 17 South, Range 3
West of the Willamette Meridian. The legal description of the real property is as follows:
Beginning at the northwest corner of Lot 8, Block 2 of Hunt's Addition to
Springfield as platted and recorded in Book 3, Page 6 of the Lane County
Oregon Plat Records; thence along the north boundary of said Lot 8, Block 2
North 89039'38" East 182.00 feet; thence leaving said north boundary and
running parallel to the west boundary of said Lot 8, Block 2 SOUTH 70.00 feet;
thence parallel to the north boundary of said Lot 8, Block 2 South 89039'38"
West 182.00 feet to a point in the west boundary of said Lot 8, Block 2, said
point being on the east margin of 5th Street 33.00 feet easterly of, when
measured at right angles to, the centerline of 5th Street; thence along the easterly
margin of 5th Street NORTH 70.00 feet to the point of beginning, all in Lane
County Oregon.
The owner is partitioning said real property into 2 parcels as approved under City of
Springfield Planning File No. SUB2007-00049. This easement is being created to provide
ingress and egress across Parcell to serve Parcel 2 with access to the public road and impacts
Parcel I and Parcel 2 of Land Partition Plat No.
recorded , 2009, Ins t. No.
Lane County Oregon Official Records..
DECLARA nON OF EASEMENT:
1. Easement Created. Matthew Aaron Olson, Ken Olson and Marilyn Olson do
hereby create a perpetual easement as described in Exhibit "A",'attached, for the
mutual and exclusive use of Parcell and Parcel 2 of the aforementioned
partition plat, as recorded in the Lane County Oregon Official Records, .
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2. Puroose. The easement is created to provide for ingress and egress and
emergency vehicle access to Parcel 2 of said Land Partition Plat. That portion of
. the access easement not encumbered by an underlying public utility easement
may also be used by the aforementioned Parcel 2 for the installation of private
utilities, including, but not limited to water service, electrical service.
telecommunication services, storm water drainage and sanitary sewer service.
Access Easement and Maintenance Agreement - Page 1
Date Received:
" - ~ "
OCT 1 2 2009
Original submittF'1
3: Use of Burdened Prooerty. The owners or occupiers of the parcels 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
However, no parking will be allowed within the easement area.
4. Maintenance and Reo airs. The cost of any maintenance or repair of the area
within the easement shall be borne solely by the owners of Parcel 2 of said
Land Partition Plat However, any repairs necessitated by the negligence or the
misuse of the easement area and rights granted herein by Parcell or Parcell
agents or invitees shall be the sole responsibility of Parcel I , .
5, Prooertv Taxes, Parcell shall be responsible for any real property taxes for the
easement area.
6. Successors in Interest' The provisions of this instrument touch and concern,
and relate to the use of Parcel I and Parcel 2 of said Land Partition Plat, 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 parcels.
Dated this 12 t'h. day of
[nf6be r
.2009:
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Matthew Aaron Olson
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Ken 'Olson
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Marilyn Olson . .
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County of Lane )
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On this - L,-"\ day of . 2009 there appeared before me, a .
Notary Public for the State Of Oregon, County of Lane the hereon named Matthew Aaron
Olson, Ken Olson and Marilyn Olson, being known to me, or proved to me by a satisfactory
evidence, to be the same persons who executed the foregoing instrument and acknowledged the
same to be their voluntary act and deed. In witness whereof, I have her~unto set my.hand and
affixr)?my seal. (\
I i;ltl;'6-V~~
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Notai)lPublic for Oregon
My commission expires: MAle H s I , 2J)fl'
STATE OF OREGON
. OFFICIAL SEAL
, : CHRIS MOORHEAD
....../ NOTARY PUBUC-<JREGON
COMMISSION NO. 427460 .
MY COMMISSION EXPIRES MAR, 31, 2012
Access Easement and Maintenance Agreement - Page 2
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Exhibit "A"
Easement Area
Beginning at the northwest corner of Lot 8, Block 2 of Hunt's Addition to Springfield as
platted and recorded in Book 3, Page 6 of the Lane County Oregon Plat Records; thence along
the north boundary of said Lot 8, Block 2 North 89039'38" East 96.25 feet; thence leaving.said
north line and running SOUTH 20.00 feet; thence South 89039'38" West 75.75 feet; thence
South 77028'03" West 21.00 feet to a point in the wesfboundary of said Lot 8, Block 2; thence
along the west boundary of said Lot 8, Block 2 NORTH 24.44 feet to the point of beginning,
all in Lane County Oregon,
Access Easement and Maintenance ~greemen.t - Page 3
Date Received:
OCT 1 2 2009
Original Submittal