HomeMy WebLinkAboutEasement APPLICANT 4/26/2010
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Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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Springfield Cemetery Acquisition, LLC
P.O. Box 22210
Eugene, Or 97402
1I1I111111111111111111111111111111111111111111111 $67,00
0114499220100019559005005404/2612010 09:21 :46 AM
RPR-ESMT Cnl=2 Sln=l CASHIER 05
$5,00 $25,00 $10,00 $11,00 $16.00
GRANT OF EASEMENT AND MAINTENANCE AGREEMENT
For value received, _NONE_, receipt of which is hereby acknowledged,
Springfield Cemetery Acquisition, LLC (Grantors),
Hereby grants, transfers and conveys to
Springfield Cemetery Acquisition, LLC (Grantees),
A perpetual nonexclusive easement to use a strip of land thirty (30.00) feet wide, 15.00
feet on each side, of the following centerline described as follows, all being within Section 35,
Township 17 South, Range 2 West, W.M.,
COMMENCING at the Southeast comer of the FIRST ADDITION TO SPRINGFIELD
MEMORIAL CEMETERY, as recorded in Book 45, Page 1, Lane County Oregon Plat
Records and being referenced by an iron rod bearing South 00006'49 East 0.52 feet;
Thence North 89050'35" East 100.00 feet to a point, said point being referenced by a 5/8"
iron rod with orange plastic cap inscribed "D.H. Wellman PLS 2163" bearing South
89050'35" West, 4.00 feet and a 5/8" iron rod with orange plastic cap inscribed "D.H.
Wellman PLS 2163" bearing North 00006'49" West, 4.00 feet;
Thence North 00006'49" West 308.51 feet to a 5/8" iron rod with 2 inch aluminum cap
inscribed "D.H. Wellman PLS 2163 - 2010" (Wellman Cap);
Thence North 89050'35" East 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence North 00006'49" West 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence continuing North 00006'49" West 206.43 feet to a 5/8" iron rod with "Wellman
Cap";
Thence South 89050'35" West 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence North 00006'49" West 730.03 feet to the south margin of the McKenzie Highway
126, being marked by a 5/8" iron rod with "Wellman Cap";
Thence along said south margin North 78024'07" East 127.37 feet to the POINT OF
BEGINNING:
Thence South 00007' 17" East 961.73 feet to the north line of that property described in
Exhibit F ofInstrument _2010 - f'7SS'6 dated AiI"".I::u, "010 , Lane
County, Oregon Official Deed Records, and further being the POINT OF
TERMINATION, all being in Lane County, Oregon. The sidelines of said easement are
to be extended or shortened at each end to match the respective property lines of the
Grantor.
Date Received: 1/~~/(}Old
Planner: AL
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1) This easement is not personal or in gross, but is to be appurtenant to each 'and every portion
of the following property owned by Grantees as described and shown herein as Exhibit A:
Being and benefiting that same property as described in Lane County, Oregon Official
Deed Records as described in Exhibit F of Instrument _2010- l"Is':e dated
AD,,'. I ::>6. <:""0
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2) This easement is granted over and across property owned by Grantors in Lane County,
Oregon, as described and shown herein as Exhibit B:
Being and burdening that same property as described in Lane County, Oregon Official
Deed Records as described in Exhibit D of Instrument 2010 - /15':8 dated
At' / ;)b. 2<' ,0
3) Thisgrant is made upon the following terms:
3.1) Grantees are granted the right to use the thirty (30.00) foot easement strip,
including the existing roadway, if any, as a means of ingress and egress to and from the land
described in Paragraph 1, or any portion thereof. Grantees are further granted the right to use the
described strip for the installation and maintenance of such public utilities as may be needed to
serve the property described in Paragraph 1, or any portions thereof.
3.2) Grantor and Grantees shall at all times hereafter jointly maintain the easement
property and roadway in a condition as good as that, when at such time, a roadway surface is
developed. The cost of such maintenance and repairs shall be paid by Grantors and Grantees in
proportion to their use. Grantors shall pay the real property taxes on the easement strip.
3.3) Grantors shall, at all times and without restriction, have the right to use the
easement property and roadway for purposes not inconsistent with Grantee's full enjoyment of
the rights herein granted, No building, shrub, tree or other physical impediment shall be placed
on the easement strip by any person.
3.4 Private Grant. The easement created by this instrument does not constitute a
dedication or grant for public use.
. 3.5) This grant of easement shall run with the land and shall be binding on and shall
inure to the benefits of Grantors and Grantees, their, heirs, successors or assigns.
Date Received:
Planner: AL
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IN WITNESS THEREOF. we have executed this Grant of Easement and Maintenance
Agreement on this i1!- d~y of 0R?--IL.- ,2010.
Declara
Mark D. grove as managing member
Springfield Cern ery Acquisition, LLC
Dec a n
JefD ove, as managing ember
Springfield Cemetery Acquisition, LLC
ST A TE OF OREGON )
)ss.
County of Lane )
On /1 tJ n '/ t, , 2010, personally appeared the above named Mark D. Musgrove
and Jeff~y L. Musgrove, as managing members of Springfield Cemetery Acquisition, LLC, did
dispose and say that they are the managing members of the aforementioned LLC which executed
the foregoing instrument, and are authorized as managing members to execute this agreement
and upon oath swore that the statements herein are true and correct.
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XauM ~a(LMJ
Notary Public for Oregon
My Commission Expires: S - ;2 0 - ;;}u /:2
.. OFFICIAL SEAL ".
, .: LAURIE HUFSTADEA .':.
..... NOTARY PUBUC.OREGO" '.'
COMMISSION NO 431691" ;:.
MY COMMISSION EXPIRES AiJG. 26, 201 ~ f,
Date Received:
Planner: AL
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EXHIBIT A
(Identified as Map No. 17-02-35 Tax Lot No. 3706)
A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West,
of the Willamette Meridian, Lane County, Oregon, being more particularly described as follows:
COMMENCING at the Southeast corner of FIRST ADDITION TO SPRINGFIELD
MEMORIAL CEMETERY, as recorded in Book 45, Page I, Lane County Oregon Plat Records
and being referenced by an iron rod bearing South 00006'49 East 0.52 feet;
Thence North 89050'35" East] 00.00 feet to a point, said point being referenced by a 5/8" iron
rod with orange plastic cap inscribed "D.H. Wellman PLS 2163" bearing South 89050'35" West,
4.00 feet and a 5/8" iron rod with orange plastic cap inscribed "D.H. Wellman PLS 2163"
bearing North 00006'49" West, 4.00 feet, said point being the POINT OF BEGINNING;
Thence North 00006'49" West 308.5 I feet to a 5/8" iron rod with 2 inch aluminum cap inscribed
"D.H. Wellman PLS 2163 - 2010" (Wellman Cap);
Thence North 89050'35" East 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence North 00006'49" West 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence North 89050'35" East 234.81 feet to a 5/8" iron rod with orange plastic cap inscribed
"FNF";
Thence South 0007' 17" East 323.51 feet to an iron pin set in Lane County Survey No. 30659;
Thence South 89050'35" West 249.85 feet to the POINT OF BEGINNING, in Lane County,
Oregon.
Date Received: J(hh/{)cl"
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Planner: AL
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EXHIBIT B
(Identified as Map No. 17-02-35 Tax Lot No. 3705)
A tract of land located in the Southeast quarter of Section 35, Township 17 South, Range 2 West,
of the Willamette Meridian, Lane County, Oregon, being more particularly described as follows:
COMMENCING at the Southeast comer of FIRST ADDITION TO SPRINGFIELD
MEMORIAL CEMETERY, as recorded in Book 45, Page I, Lane County Oregon Plat Records
and being referenced by an iron rod bearing South 00006'49 East 0.52 feet;
Thence North 89050'35" East 100.00 feet to a point, said point being referenced by a 5/8" iron
rod with orange plastic cap inscribed "D.H. Wellman PLS 2163" bearing South 89050'35" West,
4.00 feet and a 5/8" iron rod with orange plastic cap inscribed "D.H. Wellman PLS 2163"
bearing North 00006'49" West, 4.00 feet;
Thence North 00006'49" West 308.51 feet to a 5/8" iron rod with 2 inch aluminum cap inscribed
"D.H. Wellman PLS 2163 - 2010" (Wellman Cap);
Thence North 89050'35" East 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence North 00006'49" West 15.00 feet to a 5/8" iron rod with "Wellman Cap", said rod being
the POINT OF BEGINNING;
Thence continuing North 00006'49" West 206.43 feet to a 5/8" iron rod with "Wellman Cap";
Thence South 89050'35" West 15.00 feet to a 5/8" iron rod with "Wellman Cap";
Thence North 00006'49" West 730.03 feet to the south margin of the McKenzie Highway 126,
being marked by a 5/8" iron rod with "Wellman Cap";
Thence along said south margin to a point on a line bearing North 0009'25" West from a point
bearing North 89018'23" East 563.46 feet (being one-third the distance from the southeast corner
of McKenzie Hills First Addition as recorded in File 73 of Plats, Slide 90, Records of Lane
County, Oregon to the southeast comer of the James Looney Donation Land Claim No. 85,
Township 17 South, Range 2 West of the Willamette Meridian) from the southeast comer of said
last mentioned plat, North 78024'07" East 254.78 feet to a 5/8" iron rod marking said point as
being set in Lane County Survey No. 30659;
Thence South 0007' 17" East 987.00 feet to a 5/8" iron rod with orange plastic cap inscribed
"FNF";
Thence South 89050'35" West 234.81 feet to the POINT OF BEGINNING, all in Lane County,
Oregon.
Date Received: ;6/>>-ID
Planner: AL