HomeMy WebLinkAboutLegal Easement 2002-12-12
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1441 Main Street
Springfield, Oregon 97477
11121/2002
Declaration of Restrictions And *
Grant of Easements
THIS DEctARA nON OF RESTRICTIONS AND GRANT OF EASEMENTS
("Declaration") is made as of the /~-f;/A.. day of ./){eemb.,.,.- "2002, by Joe
Balaty, Owner.
Article I: Easements
1.1 Ingress, Egress, and Parking: Each Owner, as grantor, hereby grants to the
other Owners, their respective tenants, contractors, eIDRfoyees, agents, customers,
licensees and invitees, and the subtenants, contractors, employees, agents, customers,
licensees and invitees of such tenants, for the benefit of each Parcel belonging to the
other Owners, as grantees, a nonexclusive easement for ingress and egress by vehicular
and pedestrian traffic and vehicular parking upon, over and across that portion of the
Common Area located on the grantor's Parcel(s), except for those areas devoted to
Service Facilities or drive up or drive through customer service facilities.
Article II: Operation of Common Area
2.1 Parking: There shall be no charge for parking in the Common Area without
the prior written consent of the Consenting owners or unless otherwise required by law.
Article III: General Provisions
3.1 Covenants Run With the Land: Each Restriction on each Parcel shall be a
burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and
each part thereof and shall run with the land.
3.2 Successors and Assigns: This Declaration and the Restrictions created hereby
shall inure to the benefit of and be binding upon the Owners, their heirs, personal
representatives, successors and assigns, and upon any person acquiring a Parcel, or any
portion thereof, or any interest therein, whether by vl'".~;on oflaw or otherwise;
provided, however, that if any Owner sells all or any portion of its interest in any Parcel,
such Owner shall thereupon be released and discharged from any and all obligations as
Owner in connection with the property sold by it arising under this Declaration after the
sale and conveyance of title but shall remain liable for all obligations arising under this
Declaration prior to the sale and conveyance of title. The new Owner of any such Parcel
or any portion thereof (including, without limitation, any Owner who acquires its interest
by foreclosure, trustee's sale or otherwise), shall be liable for all obligations arising under
this Declaration with respect to such Parcel or portion thereof after the date of sale and
conveyance of title.
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Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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Schedule A
The land referred to herein is described as follows:
PARCEL 1 (parcel 4 on attached map)
Beginning at a point in the center line of East Main Street in the Town of
Springfield, Oregon 2077.68 feet East and 39.05 feet South of the Northwest corner of
the Isaac Briggs Donation Land Claim No. 83 in Township 17 South, Range 3 West,
Willamette Meridian, in Lane County, Oregon; thence South 142.53 feet; thence South
89 degrees 50' East 68.00 feet; thence North 142.53 feet; thence North 89 degrees 50'
West 68.00 feet to the Place of Beginning, all in the Town of Springfield, Lane County,
Oregon.
PARCEL 2 (Parcel 5 on attached map)
Beginning at a point 2145.65 feet East and 39.05 feet South of the Northwest
corner of the Isaac Briggs Donation Land Claim No. 83 in Township 17 South, Range 3
West of the Willamette Meridian; thence South 120.00 feet; thence South 89 degrees 50'
East 56.08 feet; thence North 120.00 feet; thence North 89 degrees 50' West 56.08 feet to
the Place of Beginning, in Lane County, Oregon.
EXECUTED as of the day and year first above written.
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BY: A
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Joe Balaty, Owner /
STATE OF OREGON )
) ss.
County of Lane )
On this Id /;;IA- day of ~.r"~/n io<r .2002, before
me, the undersigned, a Notary Public in and for said State, personally appeared Joe
Balaty, Owner, the individual that executed the foregoing instrument, and acknowledged
to me that the said instrument is the free and voluntary act and deed of said person, for
the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in
this certificate first above written.
My commission expires:
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~VV'-I3cd;::::-J
~otary Public in and for the
State of Oregon
Residing at SJffingfidd, Oregon
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FAWN BATES>
NOTARY PUBLIC . OREGON i
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