HomeMy WebLinkAboutEasement Miscellaneous 11/13/2009
Recorded at the request of and
after recording return to:
Division of Chief \uly Clerk ,oon.oe,e10
Lane County Deeds br1d Records L ~ ULUIt
11111111111111111"111111'1111111111111111111111 $57,00
11113327210901626410040046 11/09/2009 02 :53:43 PM
RPR-ESMT Cnl=l Sln=15, CRSHIER 02
$20.00 $10.00 $11.00 $16.00
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Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION
of
JOINT-USE PRIVATE ACCESS
AND PRIVATE UTILITY EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) James Michael Hoffman and Debra Jean Hoffman, as trustees of the HOFFMAN FAMILY
TRUST, UITIA dated September 27, 2005, Declarant herein, are the owners of those lands
conveyed in that Statutory Warranty Deed recorded October 6, 2005 at Reception Number
2005-079768 and in that Statutory Warranty Deed recorded October 6, 2005 at Reception
Number 2005-079769 and in that Statutory Warranty Deed recorded October 6, 2005 at
Reception Number 2005-079770 in the Lane County Oregon Official Records.
2) John Roger Parish and Mary Louise Parish, as trustees under the PARISH LIVING TRUST,
dated June 18, 1997, Declarant herein, are the owners of those lands conveyed in that
Warranty Deed recorded July II, 1997 on Reel 2314R as Instrument Number 9746585 in the
Lane County Oregon Official Records.
3) The owners desire to create easements and define maintenance responsibility on certain areas
and facilities for the benefit of future owners of said lands as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: DECLARANTS hereby create anon-exclusive perpetual easement for
the benefit of said lands, said easement being described on Exhibit "A" and depicted on
Exhibit "B", attached hereto and made a part hereof, for private access and utility purposes.
B) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
C) Use ofthe Burdened Prooertv: The owners or occupiers of the parcels affected by
these easements shall have the right to use their property, 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 as granted by this instrument. No vehicle parking or storage of vehicles shall
be allowed by any party within the access easement areas, including the agents, employees,
tenants, and invitees of said owners.
D) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway within
the easement areas shall be split equally between the owners using said easement. The cost
of any maintenance or repair of private utilities lying within the easement areas will be the
responsibility of the owner of the respective facility.
E) Successors in Interest: The provisions of this instrument touch and concern, and relate
to the use of said lands described above, 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 lands.
DECLARATION
of
JOINT -USE PRIVATE ACCESS
AND PRIVATE UTILITY EASEMENT
Page I of4
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IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT on this ! day of 0 C i (, G p y
2009.
PARISH LIVING TRUST dated June 18, 1997
~L 0 a-/I
J~ Roger Parish, trustee
m CDc., ~ l . \? o..n ,A,
Mary Loufse Parish, trustee
STATE OF OREGON )
)ss
County of Lane )
On this \ day of ('\ ck",,~,.- , 2009, before me personally appeared John
Roger Parish and Mary Louise Parish as trustees of the Paris,h Living Trust and acknowledged the
foregoing instrument to be their voluntary act and deed on behalf of said trust dated June 18, 1997.
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'i< i;I"'C'!l OFFICIAL SEAL I
((:f~;'J ANGELA ERWIN f
YI \\~i NOTARY PUBLIC - OREGON j
Ii; '::t' COMMISSION NO. 421788 ;
'L,,3 CO~_MISSION EXPIRES SEPTEM8ER 26, 2011 ;
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Notary PugJic for Oregon
HOFFMAN FAMILY TRUST, U/TIA date~ September 27, 2005
~"'~""~e.1(1r
James Michael Hoffrlmrt; trustee
,
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Debra Jean HoJ=-rustee I i
STATE OF OREGON
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! ~ OFFICIA~SEAL 1
I ~~-Q ANGELA ERWIN I
I f1;~M NOTARY PUBLIC - OREGON I
I ~ COMMISSION NO. 421788 I
I MY COMMISSION EXPIRES SEPTEM8ER ~6, ~OII I
'-~~....::.~~~--::- ~ "151' .$I.Ii ~~~... - -,~ .:' ':'
County of Lane
On this 2"'<l.dayof (') eA- n6.e..-- 2009, before me personally appeared James
Michael Hoffman and Debra Jean Hoffman as trustees of the Hoffman Family Trust and
acknowledged the foregoing instrument to be their voluntary act and deed on behalf of said trust
UITI A dated September 27,2005.
(2n/>~t &~:>/'
Notary Public for Oregon
DECLARATION
of
JOINT-USE PRIVATE ACCESS
AND PRIVATE UTILITY EASEMENT
Page 2 of 4
EXHIBIT" A"
Description of Easement
SITUATED in the City of Springfield, Lane County, State of Oregon in the Northwest 1/4 of
Section 34, Township 17 South, Range 3 West of the Willamette Meridian'and described as follows:
BEING the northerly 16.00 feet, by perpendicular measurement, of the westerly 390.00 feet of the
lands conveyed to the Parish Living Trust dated June 18, 1997 in that Warranty Deed recorded July
11,1997 on Reel 2314R as Instrument Number 9746585 in the Lane County Oregon Official
Records,
ALSO, the northerly 19.00 feet, by perpendicular measurement, of the lands conveyed to the
Hoffman Family Trust, UITIA dated September 27, 2005 in that Statutory Warranty Deed recorded
,October 6, 2005 at Reception Number 2005-079769,
ALSO, the southerly 5.00 feet, by perpendicular measurement, of the lands conveyed to the
Hoffman Family Trust, U/TIA dated September 27,2005 in that Statutory Warranty Deed recorded
October 6, 2005 at Reception Number 2005-079770,
ALSO, the southerly 5.00 feet, by perpendicular measurement, of the lands conveyed to the
Hoffman Family Trust, UITIA dated September 27,2005 in that Statutory Warranty Deed recorded
October 6, 2005 at Reception Number 2005-079768, lying westerly of the northerly prolongation of
the easterly line of the first above described 16.00-foot easement portion lying in said lands of Parish
Living Trust.,
DECLARATION
of
JOINT-USE PRIVATE ACCESS
AND PRIVATE UTILITY EASEMENT
Page 3 of4
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DECLARATION
of
JOINT-USE PRIVATE ACCESS
AND PRIVATE UTILITY EA~EMENT
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Division of Chief Depuly Clerk
Lane Counly Dee lnd Reco~ds
11111111111111111111111111111111'1111111111111111
lOO~.ODlDJ~
$52,00
01113326200900626390031032
11/09/2009 02:53:43 PM
RPR-DEED Cnl=l Sln=15 CASHIER OZ
$15.00 $11.00 $16.00 $10.00
Recorded at the request of
and after recording return to;
for Lands described in Exhibit A
Send Tax Statements to;
for Lands described in Exhibit B
Send Tax Statements to:
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Jim Hoffman
35123 McKenzie View Dr.
Springfield, OR 97478
John Parish
563 Aspen Street
Springfield, OR 97477
The true consideration for this conveyance is $ ;2.0, 000. (~
PROPERTY LINE ADJUSTMENT DEED
The parties to this transfer are (I) James Michael Hoffman and Debra Jean Hoffman, as Trustee
of the Hoffman Family Trust, UITIA dated September 27, 2005, hereinafter referred to as Party I
and being a Grantor herein and (2) John Roger Parish and Mary Louise Parish, trustees of the
Parish Living Trust dated June 18, 1997, hereinafter referred to as Party 2 and being a Grantee
herein.
This Deed is intended to adjust the boundary line between a parcel of real property owned by
Party 1 and an adjoining parcel of real property owned by party 2. The parties are entering into
this Deed to agree on the property line separating their parcels to comply with City of Springfield
Land Use Regulations and the provisions of Oregon Revised Statutes 92.190(4).
The legal description of Party I's property prior to this adjustment is all of those lands conveyed
in that Statutory Warranty Deed recorded on October 6, 2005 as Reception Number 2005-
079768 in the Lane County Oregon Official J3,ecords.
The legal description of Party 2's property prior to this adjustment is all of those lands conveyed
in that Warranty Deed recorded July 11, 1997 on Reel 2314R as Reception Number 9746585 in
the Lane County Oregon Official Records.
The line being adjusted herein is the easterly 104.89 feet of the common line between the lands
owned by Party I and the lands owned by Party 2.
WHEREAS the Parties desire to adjust said common line and WHEREAS the Parties are
agreeable to execute a transfer of property through means of an approved Property Line
Adjustment and this Deed.
THEREFORE, for purposes of accomplishing this Property Line Adjustment:
Party 2 hereby transfers and conveys all of its right, title and interest in and to the property
described on "Exhibit A" to Party 1 as said exhibit is attached hereto and made a part hereof.
And
Party I hereby transfers and conveys all of its right, title and interest in and to the property
described on "Exhibit B" to Party 2 as said exhibit is attached hereto and made a part hereof.
The description of Party I's property after this adjustment is described on "Exhibit A" attached
hereto and made a part hereof.
The description of Party 2's property after this adjustment is described on "Exhibit B" attached
hereto and made a part hereof.
Before signing or accepting this instrument, the person transferring fee title should inquire about
the person's rights, if any, under ORS 195.300, 195.301 and 195.305 to 195.336 and Sections 5
to II, Chapter 424, Oregon Laws 2007. This instrument does not allow use of the property
described in this instrument in violation of applicable land use laws and regulations. Before
signing or accepting this instrument, the person acquiring fee title to the property should check
with the appropriate city or county planning department to verify that the unit of land being
Property Line Adjustment Deed
Page 1 of3
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transferred is a lawfully established lot or parcel, as defined in ORS 92.010 or 215.010, to verify
the approved uses of the lot or parcel, to determine any limits on lawsuits ; against farming or
forest practices, as defined in ORS 30.930, and to inquire about the rights of neighboring
property owners, if any, under ORS 195.300, 195.301 and 195.305 to 195.336 and Sections 5 to
11, Chapter 424, Oregon Laws 2007.
Dated this,
sr...
day of OC.hJhC',-
,2009.
Party 1
~~(~ M, H 1~,-,
James Michael Hoffman, Trustee
(-,
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J..v\..",,,~ ~ ~<V~ ~\VMh<V'---_
Debra Jean Ho~finan, Trustee
STATE OF OREGON )
County of Lane )SS
On Ck~kD.'" te" , 2009 personally appeared the above named James
Michael Hoffinan and Debra Jean Hoffinan, as trustees of the Hoffinan Family Trust, UITIA
dated September 27,2005, and acknowledged the foregoing to be their voluntary act and deed.
It--- -----.,.,.------"
. OFFICIAL SEAL I
BRENDA LEE CARUN j
NOTARY PUBLIC - OREGON i
COMMISSION NO. 416749 i
MY COMMISSION EXPIRES JUNE 7. 2011 J
'!;11:: TItf-. ,.::.- -:-T'~=--------"j
-f1A~/YO"A. dA r: ~AL~
Notary Public for Oregon
My commission expires: J Ll.nU d.olj
, ,
Party 2
" .f/)//').' /
.-:.-4-42MJ.----tj, [~0/~ r
Jolr6 Roger Parish, Trustee
YV] OJV--\ L, Q o.n 'w~V
Mary Louis\: Parish, Trustee
STATE OF OREGON )
County of Lane )SS
On fJrJo'n.2.,r X ,2009 personally appeared the above named John Roger
Parish and Mary Louise Parish, as trustees of the Parish Living Trust dated June 18, 1997, and
acknowledged the foregoing to be their voluntary act and deed.
,0 _._______._...,.._ _ _ _ _ --__,~l
~1 6J~ OFFICIAL SEAL i
\~ \,I;:~'fi ANGELA ERWIN
:!i(~!'! NOTARY PUBLIC - OREGON
," '-C:jj'W COMMISSION NO. 421788
t~,~_M!. ~~,~~~~o~ ;E~TE~~26, ~1~...~
...-----, ;{ .
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('~'7c:J0 "- '--"'",-,1\.-..
Notary Pllblic for Oregon
My commission expires:
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t.1- .:)?i ,:)0 II
Property Line Adjustment Deed
Page 2 of3
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EXillBIT A
LANDS OF PARTY 1
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Springfield, Lane County, State of Oregon in the Northwest 1/4 of
Section 34, Township 17 South, Range 3 West of the Willamette Meridian and described as
follows:
BEING all those lands conveyed in that Statutory Warranty Deed to James M. Hoffman and
Debra J. Hoffman, as Trustees of the Hoffman Family Trust, UITIA dated September 27,2005,
recorded on October 6, 2005 as Reception Number 2005-079768 in the Lane County Oregon
Official Records.
EXCEPTING therefrom the easterly I 04.89 feet, by perpendicular measurement.
EXHIBIT B
LANDS OF PARTY 2
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Springfield, Lane County, State of Oregon in the Northwest 1/4 of
Section 34, Township 17 South, Range 3 West of the Willamette Meridian and described as
follows:
BEING all those lands conveyed in that Warranty Deed recorded July II, 1997 on Reel 2314R
as Reception Number 9746585 in the Lane County Oregon Official Records;
ALSO the easterly 104.89 feet, by perpendicular measurement, of those lands conveyed in that
Statutory Warranty Deed to James M. Hoffman and Debra J. Hoffman, as Trustees of the
Hoffman Family Trust, UITIA dated September 27, 2005, recorded on October 6, 2005 as
Reception Number 2005-079768 in the Lane County Oregon Official Records.
Property Line Adjustment Deed
Page 3 of 3