HomeMy WebLinkAboutEasement APPLICANT 10/20/2009
..
AFTER RECORDING, RETURN TO:
GEOFF COSSEN
445 E. 50'" AVENUE
EUGENE, OR 97405
MAIL ALL TAX STATEMENTS TO:
No CHANGE
DECLARA nON OF EASEMENT
RECITALS:
I. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of
property (The Property) described as: Land Partition Plat 2009-P , Lane
County Oregon Partition Records;
2. The Property is encumbered by a private buried wastewater sewer service pipe
serving the lot which adjoins The Property on the north side and which lot is
described in document No. 99068103, Lane County Oregon Deed Records, and in
on the attached Exhibit A (the Benefited Property).
3. DECLARANTS desire to create a private easement across The Property, for
continued use of and maintenance access to the sewer service pipe by owners of
the Benefited Property.
DECLARATION:
DECLARANTS hereby create and grant to JoelH. Daniken and Jill L. Daniken,
husband and wife, owners of the Benefited Property (Grantees) a 5 foot wide non-
exclusive sewer easement as described in attached Exhibit B, for location, use, and
maintenance of a single private buried wastewaters sewer service pipe, subject to the
following conditions:
A. Grantees must provide DECLARANTS or their successors in title to the
property a one-week notice prior to entering the property to maintain or repair
the sewer service pipe, except in event of an emergency.
B. Grantees are responsible for complete repair to the concrete driveway on the
property which covers a portion ofthe sewer service pipe, and restoration of
the driveway to its previous condition.
C. Grantees are responsible for complete repair to any other private sewer service
pipes which may be located in the easement area.
D. Grantees are responsible for repairing or replacing any other items damaged
during their repair or maintenance of the sewer service pipe, including but not
limited to buildings, trees, shrubs, vehicles, utilities, and other items.
E. This easement automatically terminates if public sewer service is made
available to the property described in attached Exhibit B.
F. This easement is not personal, but runs with the Benefited r.~J-'''''~/.
The true consideration for this conveyance is.other value.
Date Received:
OCT 2 0 2009
Original Submittal
,
Dated this v..
day Ofq>r\eI/\l1~r
~~\~s~:;
,2009.
}t:t:J~M.r/-- (,l~ O~/~
~e, A. Cossen
State of Oregon)
County of Lane)
On this ~ day o~eWY'I\ b?.[, 2009, personally appeared before me the
above named Geoffrey Cossen '!md Elizabeth A. Cossen who acknowledged the foregoing
instrument to be their voluntary act and deed.
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otary u ic fi r on
My Commission Expires: 7/10 //L..,
. OFFICIAL SEAl
KRISTA K SCHNEIDER
\..) . ~:itsyg~~ O~~N
MY COMMISSION EXPIRES JULY 6, 2013
Date Received:
OCT 2 0 2009
Original Submittal
.'
.,"",.
Exhibit A
Legal Description of The Benefited Property
That property described in document No. 99068103, Lane County Oregon Deed
Records, being more particularly described thereon as follows:
Beginning at a point 675 feet North and 440 feet South 89030' West from the
Northeast comer of the James Ebbert Donation Land Claim No. 74 in Township
17 South, Range 3 West of the Willamette Meridian;
Thence North 85 feet; thence South 890 30' West 95 feet; thence South 85 feet;
thence North 89030' East 95 feet to the place of beginning, in Lane County ,
Oregon.
Exhibit B
Legal Description of Easement
A 5.00 foot wide strip ofland, the centerline of which is described as follows:
Beginning at a point on the north right-of-way line of G Street which lies 7.50 feet
N 89030' E from the southwest comer of Parcel I of Land Partition Plat 2009
P , as platted and recorded in Lane County Oregon Partition Records;
Thence North 00 00' 47" West panillel with and 7.50 feet from the east right-of-
way line of 26th Street 84.8 feet more or less to an existing sewer cleanout; thence
North 28000' East 51.0 feet more or less to the north boundary line of said
Partition and there ending.
The sidelines of the 5.00 foot strip shall be truncated or extended as necessary to
reach the beginning and ending boundary lines.
Date Received:
OCT 2 0 2009
Original Submittal
AFTER RECORDING, RETURN TO:
GEOFF COSSEN
445 E. 50TH AVENUE
EUGENE, OR 97405
MAIL ALL TAX STATEMENTS TO:
No CHANGE
DECLARATION OF EASEMENT
RECITALS:
1. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of
property described as follows:
Parcels I and 2, Land Partition Plat 2009-P . Lane County
Oregon Partition Records.
2. The existing wastewater sewer service pipe for Parcel 2 crosses a portion of
Parcel l.
3. DECLARANTS desire to create a private easement across Parcell for continued
use of and maintenance access to the sewer service pipe by owners of Parcel 2.
DECLARATION:
DECLARANTS hereby create a 5 foot wide non-exclusive sewer easement for the
benefit of owners of said Parcel 2 as described in attached Exhibit A, for location,
use, and maintenance of a single private buried wastewater sewer service pipe,
subject to the following conditions:
A. Owners of Parcel 2 must provide DECLARANTS or their successors in title
to Parcel I a one-week notice prior to entering the property to maintain or
repair the sewer service pipe, except in event of an emergency.
B. Owners of Parcel 2 are responsible for complete repair to any other private
sewer service pipes which may be located in the easement area.
C. Owners of Parcel 2 are responsible for repairing or replacing any other items
damaged during their repair or maintenance of the sewer service pipe,
including but not limited to buildings, trees, shrubs, vehicles, utilities, and
other items.
D. This easement automatically terminates if altemate public sewer service is
made available to Parcel 2.
E. This easement is not personal, but runs with the Benefited Property.
The true consideration for this conveyance is other value.
Date Received:
OCT 2 0 2009
Original Submittal
Dated this
g day of
Sr tl:/:1.WW2009.
I
941~
Geoffk{ 6:fsrn.
J (I !lic0ctf-.,
~beth1. Cossen
Q.
~ I)c') ~
State of Oregon)
County of Lane)
On this day of ,2009, personally appeared before me the
above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing
instrument to be their voluntary act and deed.
?:,*A~~
No~ ~~~iC"for Oregon.
My Commission Expires: 7 /~, /09
. OFACIAL SEAl
KRISTA K SCHNEIDER
NOTARY PUBUC. OREGON
\.. ,,) COMMISSION NO. 440768
MY COMMISSION EXPIRES JULY 6,2013
Date Received:
OCT 2 0 2009
Original Submittal
'. .
Exhibit A
Legal Description of Easement
A 5.00 foot wide strip ofland, the centerline of which is described as follows:
Beginning at a point on the north right-of-way line ofG Street which lies 7.50 feet
N 89030' E from the southwest comer of Parcel I of Land Partition Plat 2009
P , as platted and recorded in Lane County Oregon Partition Records;
Thence North 0000' 47" West parallel with and 7.50 feet from the east right-of-
way line of 26th Street 45.45 feet more or less to the south boundary of Parcel 2
of said Land Partition and there ending.
The sidelines of the 5.00 foot strip shall be truncated or extended as necessary to
reach the beginning and ending boundary lines.
Date Received:
OCT? 0 2009
Original SUbmi1t&!.
-'
AFTER RECORDING, RETURN TO:
GEOFF COSSEN
445 E. 50TH AVENUE
EUGENE, OR 97405
MAIL ALL TAX STATEMENTS TO:
No CHANGE
DECLARATION OF EASEMENT
RECITALS:
I. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of
property described as follows:
Land Partition Plat #2009 P . Lane County Oregon Partition
Records.
2. DECLARANTS must create a private utility easement across Parcell (the
encumbered property) to serve the Parcel 2 (the Benefited Property), as shown on
said Land Partition Plat.
DECLARATION:
DECLARANTS hereby create a 5 foot wide non-exclusive underground utility
easement across Parcel I to serve Parcel 2, as described in attached Exhibit A, for
location, use, and maintenance of underground utilities, subject to the following
conditions:
A. Owner(s) of Parcel 2 must provide owner(s) of Parcel I with one-week notice
prior to entering the easement area to maintain or repair the underground
utilities, except in event of an emergency or if owner( s) of Parcell cannot be
contacted. .
B. Owner(s) of Parcel 2 are responsible for complete repair and restoration of
Parcel I to its condition that existed prior to entry or maintenance activities.
C. Owner(s) of Parcel 2 are responsible for repairing or replacing any items
damaged during their repair or maintenance of the underground utilities,
including but not limited to buildings, trees, shrubs, vehicles, utilities, and
other items.
D. No trees, buildings, or other structures may be placed or constructed within
the easement area.
E. This easement is not personal, but runs with the Benefited r,vp""~/.
The true consideration for this conveyance is other value.
Dated this 81!1 day of Sl t ~ ~.ar 2009.
Date Received:
OCT 2 0 2009
Original Submittal
fA/~L~i L a - ~ i7C, ~U>--
Erc~' Cossen
~re~~~~
State of Oregon)
County of Lane)
On this .f-, day Of~~~/': 2009, personally appeared before me the
above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing
instrumentto be their voluntary act and deed.
~i?2/L~
Notary Publfc10r ~on
My Commission Expires: '7<f1i,ji3
. OFACIAL SEAL
KRISTA K SCHNEIDER
\. ../ NOTARY PUBUC - OREGON
COMMISSION NO. 440766
MY COMMISSION ~IRES JULY 6,2013
Date Received:
OCT 2 0 2009
Original Submittal
Exhibit A
Legal Description of Underground Utility Easement
A 5.00 foot wide strip ofland, the centerline of which is described as follows:
Beginning at a point on the east boundary of Land Partition Plat 2009-
P as platted and recorded in Lane County Oregon Partition Records
which bears North 00 ]3'51" West 115.29 feet from the Initial Point of said
partition;
Run thence South 450 30' West 50.13 feet more or less to the eas~ boundary line
of Parcel 2 of said partition, and there ending.
The sidelines of the 5.00 foot strip shall be truncated'or extended as necessary to
reach the beginning and ending boundary lines.
Date Received:
OCT 2 0 2009
Original Submittal
.,
. AFTER RECORDING, RETURN TO:
GEOFF COSSEN
445 E. 50'" AVENUE
EUGENE, OR 97405
MAIL ALL TAX STATEMENTS TO:
NO CHANGE
DECLARATION OF EASEMENT
RECITALS:
I. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of
property (The Property) described as: Land Partition Plat 2009-P, . Lane
County Oregon Partition Records; >
2. The Property is encumbered at the northwest comer by overhead utility lines
serving the lot which adjoins The Property on the north side and which lot is
> described in document No. 99068103, Lane County Oregon Deed: Records, and in
the attached Exhibit A (the Benefited Property).
3.DECLARANTS must create an easement across The Property, for continued use
of the overhead utility lines by public utilities and by owners of the Benefited
Property .
DECLARATION:
DECLARANTS hereby create and grant to public utilities and to Joel H. Daniken and
Jill L. Daniken, husband and wife, owners of the Benefited Property (Grantees) a 10'
x 20' triangular easement as shown on said Partition Plat and as described in attached
Exhibit B, for location, use, and maintenance of overhead utility lines, subject to the
following conditions:
A. Grantees are responsible for repairing or replacing any items damaged during
their repair or maintenance of the overhead utility lines, including but not
limited to buildings, trees, shrubs, vehicles, utilities, and other items.
B. This easement automatically terminates if utility service in an alternate
location is made available to the property described in attached Exhibit B.
C. This easement is not personal, but runs with the Benefited Property.
The true consideration for this conveyance is other value.
Date Received:
OCT 2 0 2009
Original Submittal
Exhibit A
Legal Description of The Benefited Property
That property described in document No. 99068103, Lane County Oregon Deed
Records, being more particularly described thereon as follows:
Beginning at a point 675 feet North and 440 feet South 890 30' West from the
Northeast comer of the James Ebbert Donation Land Claim No. 74 in Township
17 South, Range 3 West of the Willamette Meridian;
Thence North 85 feet; thence South 89030' West 95 feet; thence South 85 feet;
thence North 890 30' East 95 feet to the place of beginning, in Lane County ,
Oregon.
Exhibit B
Legal Description of Easement
Beginning at a 5/8 inch iron rod marking the northwest comer of Parcel 2 of Land
Partition Plat 2009 P , as platted and recorded in Lane County Oregon
Partition Records;
Thence along the north line of said Parcel 2 North 890 30' 00" East 20.00 feet;
Thence South 630 01' 58" West 22.44 feet to a point on the east right-of-way line
. 0{26th Street; .
thence along said right-of-way line North 00000' 47" West 10.00 feet to the
point of beginning.
Date Received:
OCT 2 0 2009
Original Submittal
~i~i~
Geo y\sen.
State of Oregon)
County of Lane)
p/...". . .
On this {tit day of 6cJob<..[ ,2009, personally appeared before me the
above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing
instru7"'"' " th10toOlliry ~t '0' "",.
I --r (/ h/~---
~~ forlJ]:;;gon -
~C;-~ission Expires: 3.J I.H..J::') 1<
J
'. .
Dated this I q +4.... day of O(..:i-ohv
,2009.
M~h a/, (]JS~
OFFICIAL SEAL
WESLEY R CARDWELL
NOTARY PUBLIC. OREGON
COMMISSION NO. 441595
MY COMMISSION EXPIRES AUGUST 3.2013
Date Received:
OCT 2 0 2009
Original Submittal