HomeMy WebLinkAboutEasement APPLICANT 10/27/2009
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'Division of Chief Deputy Clerk
Lane County Deeds and Records
2~~g.OO8988
Recorded at the request of and
after recording return to:
111111111111111111111111111111111111111111111 $46.00
, 1154283.:009000898 ;0050050 0212312009 03: 35 : 35 PM
RPR-EsnT Cnt=1 Stn=6 CASHIER 07
$25.00 $10.00 $11.00
Branch Engineering, Inc.
310 fifth Street
Springfield, OR 97471
DECLARA nON OF PRIVATE JOINT-USE ACCESS
EASEMENT
The true and actual consideration for this declaration is other than monetary.
REClT ALS:
I) Lane County SCHOOL DISTRICT NUMBER 19, Springfield, Oregon, Grantor, is the
owner of the lands that are described in Exhibit 'A' of that Property Line Deed that was
recorded f7btutny-:r::l ?oo"l atRecorder'sNumber dt>o'i-~<;8~ in
the Official Records of Lane County, State of Oregon.
2) RELIEF NURSERY, Inc., an Oregon Public Benefit Non-Profit Corporation, Grantee, is the
owner ofJhe lands that are described in Exhibit 'B' of that Property Line Deed that was
recorded -h'1,,(W4 ~. d-OO'1 at Recorder's Number "ZOO'1-~S~ in
the Official Records of Lane County, State of Oregon.
3) The Grantor and Grantee desire to create ajoint-use access easement and define maintenance
responsibilities on certain areas.
DECLARATION OF EASEMENTS:
A) . Easement Created: SCHOOL DISTRICT NUMBER 19 hereby creates a perpetual, non-
exclusive easement for the benefit of RELIEF NURSERY over that certain area described in
Exhibit' A' attached hereto and made a part hereof and depicted in Exhibit 'B' attached
hereto and made a part hereof for private joint-use access purposes.
B) Use of the Burdened Pronertv: The owners or occupiers of the lands affected by this
easement shall have the right to use their property, including the areas described as the
easement, for any purpose as long as the owners or occupiers do not unreasonably interfere
with the use of the easement as granted by this instrument. No vehicle parking or storage of
vehicles shall be allowed by any party within the easement area, including the agents,
employees, tenants, and invitees of said owners.
C) Maintenance and Renairs: The cost of arfy maintenance or repair of the driving surface
within the easement area shall be allocated between the owners of the lands of SCHOOL
DISTRICT NUMBER 19 and the lands of RELIEF NURSERY in accordance with the
provisions ofORS 105.170, el seq, as now in effect or as hereafter amended..
D) Successors in tnterest:The provisions of this instrument touch and concern, and relate to the
use of the lands of SCHOOL DISTRICT NUMBER 19 and the lands of RELIEF
NURSERY, 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 the
aforementioned lands.
PRE-SUBMITTAL RfCIQ;cLARA nON OF PRIVATE JOINT-USE EASEMENT
OCT 2 7l0Q.9
Page I of5
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IN WITNESS WHEREOF, I hav>-,.executed this D~LARATION OF PRIVATE JOINT-USE
ACCESS EASEMENT on this '1 day of '-iJe..c..-t'kr.hY , :JO{) ~ .
GRANTOR:
Lane County School District No. 19, Springfield, Oregon
By: ~~'fj
Printed Name: ~~ '01519 .
Title: ,,")~hxl/&aY~~r
GRANTEE:
ReliefNurserv. InCn an Ore on non-nrofit comoration
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PrintedName:_tfe.V\e ~o/
LxeLuli Ie ~
IK
By:
Title:
STATE OF OREGON )
County of Lane )SS
o . lif _ 20 8 pers n a peared the above named nttVltty"
."\./ as the of the Lane County School District
19,ISpringfield, Oregon and acknowledged the foregoing to be hislher voluntary act and
~ct~
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OFFICIAL SEAL
THERESA JAMES
NOTARY PUBUC-QREGON
COMMISSION NO. 405466
MY COMMISSION EXPIRES APA. 27, 2010
Notary Public for Orl!'gon
III
PRE-SUBMITTAL REC'O
OCT 2 7 2009
DECLARATION OF PRIVATE JOINT-USE EASEMENT
Origi
Page 2of5
JAN -
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STATE OF OREGON )
County of Lane )SS .
..Qn~.(1N\ ~ ,..10. fDD8 IWsonallyappeared the above named. W.(~
/.).\ r~ as the~IV'"~cJD-1' of Relief Nursery, Inc., an Oregon non-
profit corporation and acknowledged the foregoing to be hislher voluntary act and deed.
N~r
I . .. OFFICiAUiiiAl
; ...'. THERESA JAMES
, .. . .. NOTARY PUBUC.{)REGON
I COMMISSION NO 405466
MY COMMISSION EXPIRES APR. 21, 2010
. I
. PRE.SUBMITTAl REC'D
OCT 2 7 2009
DECLARA nON OF PRIV ATE JOINT-USE EASEMENT
Page 30f5
EXHIBIT 'A'
EASEMENT LEGAL DESCRIPTION
SITUATED in the City of Springfield, Lane County, State of Oregon in the West 1/2 of the
Northwest 1/4 of Section 5, Township 18 South, Range 2 West of the WiIlamette Meridian and
described as follows:
COMMENCING at the most southerly southeast comer of those lands surveyed in County Survey
File Number 37770 filed on November 5, 2002 by Rex A Betz; THENCE along the south line of
the lands in said survey West, 250.51 feet to a point on the southerly extension of the north-south
portion of the northerly line of the lands in said survey; THENCE along said southerly extension
North 00003'00" East, 357.04 feet to a point on a line lying 40.00 feet southerly, by perpendicular
measurement, from the southerly east-west portion of the northerly line of the lands in said survey,
said point being the TRUE POINT OF BEGINNING; TH~NCE along said parallel line East,
255.51 feet to the west margin of South 42nd Street as dedicated in that Declaration of Dedication
recorded on April 10, 2007 as Reception Number 2007-023540 in the Lane County Oregon Official
Records; THENCE along said west margin North 00003'00" East, 40.00 feet to said southerly .east-
west portion of the northerly line of the lands in said survey; THENCE along said northerly line
West, 255.51 feet to an angle point; THENCE along the aforesaid southerly extension South
00003'00" West, 40.00 feet RETURNING to the TRUE POINT OF BEGINNING.
PRE-SUBMITTAL REC'D
OCT 2 7 2009
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DECLARA nON OF PRIV ATE JOINT-USE EASEMENT
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LANDS OF
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EXHIBIT 'B'
EASEMENT MAP
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OCT 2 7 2009 is
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DECLARA nON OF PRIV ATE JOINT-USE EASEMENT
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