HomeMy WebLinkAboutEasement APPLICANT 5/28/2010 (3)
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After recording return to:
Springfield Church of the Brethren
1072 Main Street -
Springfield, OR 97477
Division of Chief Depuly Clerk
Lane County Deeds and Records
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1111111 1111111111 11111111111111111 II II 11111111 III $62.00
01149688201000238110050051
05/19/2010 02:36:04 PM
RPR-ES"T Cnl=1 Sln=8 CASHIER 02
$25.00 $10.00 $11.00 $16.00
Declaration of Private Sanitary Sewer Easement
RECITALS:
Whereas: Springfield Church of the Brethren (DECLARANT) is the owner of two abutting tracts
of real property located in the Southeast one-quarter of Section 35 in Township 17 South,
Range3 West of the Willamette Meridian referred to herein as Tract 1 and Tract 2
Whereas: DECLARANTS have received tentative planning approval to adjust the common
boundary between Tract I And Tract 2 under City of Springfield Journal No. SUB 2009-
00016. After the recordation of a property line adjustment deed the legal descriptions for
the adjusted boundaries of the Tract 1 and Tract 2 properties will be more particularly
described as follows:.
See "Exhibit A"
Whereas: After completion of the property line adjustment the Tract I property will no longer
have direct access to the public sanitary sewer.
Therefore: DECLARANT does hereby declare their intent to create a perpetual nonexclusive
easement for the installation and maintenance of a private sanitary sewer service lateral
over a strip of land 5.0 feet in width located within the as adjusted boundaries of Tract 2 for
the benefit of the as adjusted boundaries of Tract I and being more particularly described as
follows:
See "Exhibit B"
This Grant of Easement is made on the following terms:
2.1 PURPOSE. The easement is created to provide for a sanitary sewer service lateral connection
to the public sanitary sewer.
2.2 USE OF THE BURDENED PROPERTY. The owner or occupiers of the as adjusted
boundaries of the Tract 2 property shall have the right to use their property, including the area
described in the easement area, for any purpose so long as the owner or occupiers do not interfere
with the use of the sanitary sewer lateral easement granted by this instrument.
April 23, 20 I 0
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2.3 PRlV A TE GRANT. The easement created by this instrument does not constitute a dedication
or grant for public use.
2.4 MAINTENANCE AND REPAIRS. All costs and expenses incurred in the installation, repair
and maintenance of the private sanitary sewer service lateral shall be borne by the owners of the as
adjusted boundaries of the Tract I property. However, any repairs necessitated by the negligence or
misuse of the easement area by the owner's of the as adjusted boundaries of the Tract 2 property or
their agents or invitees shall be the sole responsibility of the owners of the as adjusted boundaries
of Tract 2. Any construction or repair work shall be performed by a licensed, bonded contractor.
Notice shall be given to the owners of the as adjusted boundaries of the Tract 2 property prior to
the initiation of any work, except in the case of an emergency, and the grounds shall be returned to
their original condition after work has been completed. The owners of the as adjusted boundaries
of the Tract 2 property are to pay the real property taxes on the easement area
3. SUCCESSORS IN INTEREST, RECORDATION. The provisions of this instrument touch and
concern, and relate to the use of the as adjusted boundaries of the Tract I and Tract 2 properties
and are intended to be covenants and restrictions running with the land.
All provisions of this instrument, including the benefits and burdens, are binding on and inure to
the heirs, successors, assigns, transferees, and personal representatives of all parties who own the
as adjusted boundaries of either Tract I or Tract 2 .
Dated this
o13fi,
day of
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,2010
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~urc ett, Recorder
. ()~ Springfield Church of the Brethren
0('\) Oversight Council
Leslie Seese, air
Springfield urch of the Brethren
Oversight Council
April 23, 2010
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STATE OF OREGON )
) ss.
County of Lanc )
On UK \\ ~'l ,2010, personally appeared before me
_1_e~o..\~I"^" . (~:~~n , a notary public for the said statc and county
the above named Leslie Seesc , bcing known to me or proved to me on a satisfactory basis
to be the same person who executed the declaration hereon in her authorized capacity as Chair of
thc Springfield Church of the Brethren Oversight Council, and acknowledged the same to be her
voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal.
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N tary Public for Oregon \ "'Z 7 .
My Commission Expires: I \(\~( , (c (I C 1./
OfACIAL SEAL
(I) LEEANN COMPTON
; .; NOTARY PUBLlC-OREGON I
"" .... COMMISSION NO. 423751
MY COMMISSION EXPIRES NOVEMBER 26, 201 1
STATE OF OREGON
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County of Lane
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On . \ . , . 2010, personally appeared before me
J\~ l,JI ~ . l {"'~9-\-c'(\ , a notary public for the said state and county
o the above named ..Aafte-Burchett , being known to me or proved to me on a satisfactory basis
w.- to be the same person who executed the declaration hereon in her authorized capacity as Recorder
r\(\ \C,-"t. of the Springfield Church of the Brethren Oversight Council, and acknowledged the same to be her
'<" 'J voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal.
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Not ublic for Oregon rJ ill
My Commission Expires: JJOi/ . ({), Xi
OfACIAL SEAL
., LEEANN COMPTON
'. . NOTARY PUBUC-OREGON
'..' COMMISSION NO. 423751
MY COMMISSION EXPIRES NOVEMBER 26, 201 I
April 23, 2010
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"Exhibit A"
Tract 1
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4600
Beginning at a point on the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 480.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 10" Street South I 013'00" East 67.22 feet
to the True Point of Beginning; thence South 88055'12" West 29.24 feet; thence South 1013'00"
East 10.08 feet; thence South 88055'12" West 5.54 feet; thence South 1013'00" East 38.40 feet;
thence South 88055'12 West 85.22 feet to a point on the west boundary of that cettain tract ofland
described in a bargain and sale deed recorded November 26, 1979 lnst. No. 7969955 Lane County
Oregon Deed Records; thence along said west boundary South 1013'00" East 62.42 feet to a point
in the north margin of the relocated Main Street as said north margin is described in a deed of
conveyance'registered in Book 14, Page 480 of the Certificate of Registered Titles as Reception
No. 31679 Lane County Oregon Deed Records; thence along the north margin of the relocated
Main Street South 81055'58" East 60.80 feet to a point in the east boundary of Block 7 of said
Brattain's Addition to Springfield; thence along the east boundary of said Block 7 South 1013'00"
East 9.10 feet to the southeast comer thereof, said point being on the north margin of Main Street
33.0 feet from, when measured at right angles to the centerline of Main Street; thence along the
north margin of Main Street North 89028'23" East 60.00 feet to a point which bears South 1013'00"
East from the true point of beginning; thence North 1013'00" West 130.24 feet to the True Point
of Beginning, all in Lane County Oregon.
Tract 2
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4700
Beginning at a point on the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and North
88055'12" East 360.00 feet from the southwest comer of said Block 7; thence continuing along the
south margin of said east/west alley North 88055'12" East 120.00 feet; thence leaving said south
margin and running parallel to the east margin of 10" Street South 1013'00" East 67.22 feet; thence
South 88055'12" West 29.24 feet; thence South 1013'00" East 10.08 feet; thence South 88055'12"
West 5.54 feet; thence South I oi3'00" East 38.40 feet; thence South 88055'12 West 85.22 feet to a
point on the west boundary of that cettain tract of land described in a bargain and sale deed
recorded November 26, 1979 Inst. No. 7969955 Lane County Oregon Deed Records; thence along
said west boundary North 1013'00" West 115.70 feet to the point of beginning, all in Lane County
Oregon
April 23, 2010
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"Exhibit B"
Easement Area
Beginning at a point on the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 10] 3'00" West 192.83 feet and
North 88055']2" East 472.25 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of lOth Street South 1013'00" East 67.22 feet;
thence South 88055'12" West 5.00 feet; thence North] 013'00" West 67.22 feet to a point in the
south margin of said east/west alley; thence along said south margin North 88055']2" East 5.00
feet to the point of beginning, all in Lane County Oregon.
April 23, 2010
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U",L HeCi;JiVea:-.fi./ J.fJ/ I~
Planner: MEM