HomeMy WebLinkAboutEasement APPLICANT 11/3/2009 (3)
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Division of'Chle~eputy Cle~k
Lane County Deeds and Reco~ds
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AFTER RECORDING, RETURN TO:
GEOFF COSSEN
445 E. 50'" AVENUE
EUGENE, OR 97405
1111111111111111111111111111111111111111111111111 $52.00
01112165200900615770030031
11/03/2009 09:42:05 AM
RPR-ESMT Cnt=1 Stn=1 CASHIER 05
$15.00 $10.00 $11.00 $16.00
MAIL ALL TAX STATEMENTS TO:
NO CHANGE
DECLARATION OF EASEMENT
RECITALS:
1. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of
property (The Property) describecl as: Land Partition Plat 2009-P 2t/o I , 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:
OECLARANTS hereby create and grant to Joel H. Daniken and Jill 1. Oaniken,
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 of the 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 witlJ the Benefited Property.
The true consideration for this conveyartce is .other value.
Date Received:
~:oV - 3 2009
Fin",: Submit!l:ll tl ~
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Dated this V,
day Of~~I~\..er
,2009.
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offre sen,
State of Oregon)
County of Lane )
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Onthis <?d:1 day o~ 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 creed.
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otary u ic fi r on
. OFFICIAl SEAL
KRISTA K SCHNEIDER
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MY COMMISSION EXPIRES JU'LY 6, 2013
My Commission Expires: 7/10/13
Date Received:
NOV - 3 2009
Final Submittal d~
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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 890 30' 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
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 890 30' E from the southwest comer of Parcel I of Land Partition Plat 2009
P 2~o / , as platted and recorded in Lane County Oregon Partition Records;
Thence North 00 00' 47" West p!ITallel with and 7.50 feet from the east right-of-
way line of 26th Street 84.8 feetmore 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:
NOV - 3 2009
Final Submittal ;J r-