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HomeMy WebLinkAboutEasement APPLICANT 3/15/2010 jg , ..... 'Division of Chief Depuly Clerk Lane Counly Deeds and Records 2~~9.0)~g~ Recorded at the request of and after recording return to: 1111111111111111111111111 111111111111111111111111 . $46.00 0105428320090008988005005002/2312009 03:35:35 PM RPR-ESftT Cnl=1 Sln=6 CASHIER 07 $25.00 $10.00 $11.00 Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 DECLARATION OF PRIVATE JOINT-USE ACCESS EASEMENT Date Received: The true and actual consideration for this declaration is other than monetary. MAR 1 5 2010 , I , 2) RECITALS: ]) Lane County SCHOOL DISTRICT NUMBER ]9, Springfield, Oregon, Grantor, is the owner of the lands that are described in Exhibit 'A' of that Property Line Deed tbat was recordedreW""r":.>'3.790<l at Recorder's Number dbo"i-B'iB;J. in the Official Records of Lane County, State of Oregon. RELIEF NURSERY, Inc., an Oregon Public Benefit Non-Profit Corporation, Grantee, is the owner of the lands that are described in Exhibit 'B' of that Property Line Deed that was recorded +eb~ ~, ~oo'1 at Recorder's Number "Zoo~-€fiS'" in the Official Record~ of Lane County, State of Oregon. The Grantor and Grantee desire to create a joint-use access easement and define maintenance responsibilities on certain areas. Original Submittal 3) 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 Property: 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 Repairs: The cost of aI1'y 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 of ORS 105.170, el seq, as now in effect or as hereafter amended.. D) Successors in ]nterest: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. Page lof5 DECLARATION OF PRIVATE JOINT-USE EASEMENT .. ,. , .. .- IN WITNESS WHEREOF, I havs:-,.executed this D~LARATI~ OF PRIVATE JOINT-USE ACCESS EASEMENT on this 'I day of '-iJe.c.e-vn ~ , ;)00 ~ . GRANTOR: Lane County School District No. 19, Springfield, Oregon By: - ~~-fj Printed Name: ~tv'\ .gi519 Title: ~1~l1Y~Ch;Ur- GRANTEE: ReliefNur e oration By: Date Received: Printed Name: l Title: f ~e.uJ\ Ie.. 1);tp {.W MAR 15 2010 Original Submittal STATE OF OREGON County of Lane a peared the above named naVlC~ as the of the Lane County School istrict 19, Springfield, Oregon and acknowledged the foregoing to be hislher voluntary act and ) )SS . OFFICIAL SEAl THERESA JAMES ..... NOTARY PUBUC.QREGON COMMISSION NO. 405466 MY COMMISSION EXPIRES APR. 27, 2010 ~5r~ Notary Public for Oregon DECLARATION OF PRIV ATE JOINT-USE EASEMENT Origi Page 2 of5 11/ " , . . STATE OF OREGON ) County of Lane )SS On l).I..J1JJIlII W ~, ;W08llF.rsonalIy appeared the above namedft~ ~.. as the e:.XOJJ~'I'"-teAUt" of Relief Nursery, Inc., an Oregon non- profit corporation and acknowledged the foregoing to be hislher voluntary act and deed. o~_ N~~ THERESA JAMES NOTARYPUBUc.oREGON COMMISSION NO 405466 MY COMMISSION EXPIRES /\PR. 27, 2010 i..,'.. ! .'." i " Date Received: MAR 1 5 2010 Original Submitt.J Date Receiv DE CLARA TION OF PRIVATE JOINT-USE EASEMENT Page 3 of5 ~ ,- , I ,. <::> '" ,. '" ..... "0 <::> "8 b <::> <: I , , ,-. , . EXHIBIT 'B' EASEMENT MAP EA5T 259.27 LANDS OF SCHOOL DISTRICT NUMBER 19 , I , I " '. 259.27 -'" "- EAST 509.78 , I , 'fe Received MAR 1 5 2010 . N89'57'OO"W 5.00 250.51 DECLARA nON OF PRIV ATE JOINT -USE EASEMEMXiginal Submittal Page 5 of5