HomeMy WebLinkAboutEasement APPLICANT 2/13/2008
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83'1 '11.82
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"GRANT OF UTILH'Y DRAINAGE EASEMEN'!' DATED SEP'!'EMBER :;:;;Nf 1989
In consideration of the sum of $10.00, plus' other valuable
cO'nsidefa tion, and in further acceptance by the Grantee, and the
use or hOlding of the easement granted herein, for public use by
Giantee, the Grantor herein, SYCAN B CORP., hereby conveys to
DURWARD L. BOYLES, Grantee, his heirs, successors and assigns, a
perpetual nonexclusive easement, approximately 10 feet in width,
for drainage and storm sewer installation purposes over, upon and
w,\thin the following described parcel of real pr~~!SE~.'29'89"03REC 10.00
Beginning at a brass cap marking the Nvrthwest COrner of the
~M. Stevens Donation Land Claim No. 46, Township 17 South,
Range 3 West of the Willamette Meridian; thence running
along the North line of said donation land 'claim No. 46
North 81 56' East 343.05 feet to c point on the East line
of a road conveyed to Lane County on May 26, 1964 as
recorded in Reel 243, in instrument No. 56791, Lane County
Deeds and Records, said road being County Road No. 2205,
Gateway Street; thence Southeasterly along said road to a
point that is south of, and 30.0 feet from, when measured at
right angles to, the centerline of County Road No. 209, Game
Farm Road East, said point being the True Point of
Beginning; thence Easterly along the SOU~h line of County
Road No. 209 746.73 feet;thence South 06 24' East 10.06
feet; thence Westerly to a point on the East line of County
Road No. 2205, Gateway Street that is South of, and 40.0
feet from, when measured at right angles to, the centerline
of County Road No. 209, Game Farm 'Road East; thence
Northwesterly along said East line of County Road No. 2205
to the True Point of Beginning, all in Lane 3ZllilSfft.~~'B:JMGi!ilWII~ 10.00
for the purpose of, subject to the conditions contained herein,
c9nstructing, reconstructing, main~aining, and installing storm
sewer drainage systems underground within the parameters of the
above described legal description which locates the drainage
easement the subject of this easement agreement.
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Furthermore, Grantor and Grantee hereby expressly agree that
Grantee may transfer and/or assign, in Grantee's sole discretion,
Grantee's rights in and to this utility easement, for the
purposes described within this drainage easement, without the
Pfior written consent of Grantor f~rst being had or obtained.
This easement carries with it the right of reasonable and
limited.ingress and egress over the adjacent lands of Grantor for
the purpose of constructing, reconstructing, and maintaining any
improvements located within the aforementioned storm sewer and
drainage easement. Any damages to'Grantor1s adjacent lands by
those making use of the easement described herein shall be
immediately remedied at Grantee's Or Grantee's successors or
a~signs 1 sole expense to the satisfaction of Grantor.'
Page 1 - GRANT OE UTILITY DRAINAGE (9/22/89)
Date Received:
FEB 13 2008
Original Submittal
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894.41.82
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Grantor hereby' reserves the right-to use the area
encompassed within the afo~ementioned drainage easement for
purposes not. inconsistent with the easement granted hereby, but
in usin~ said easement, Grantor and Grantor's heirs or assigns
shall conform to provisions of any then applicable codes or
regulations pertaining to the intended use of said proper ty
encumbered by the aforementioned easement.
, Grantee agrees to indemnify and defend the Grantor from any
loss, claim or liability of any nature or kind to Grantor arising
in 'any manner out of Grantee I,S, or Grantee I s heirs, success~rs or
as~~gns' use of the easement strip the subject of this drainage
easement and Grantor shall have' no liability to Grantee or others
for::, any condition existing thereon.
This easement is granted subject to all prior easements or
encumbrances' of record.
DATED this~day of September, 1989.
SYCAN B CORP" an Oregon
corporation. .
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By . -,,",.s::.1./, '/;:"~4- Uv.
Durward L. Boyles, ,17 ,
Its President
STATE OF OREGON
Ss,
County of Lane
Personally appeared Durward L. Boyles who, being duly.sworn
on Oa th did say that he is the President of Sycan B Corp., an.
Oregon corporation, and that said instrument was signed in.:behalf
of said corporation by authority of its board of directi;i,,,~ '.;f.:ijd., .
each of them acknowledged said instrument to be i ts 'VR'],t).titc"i:;~.''!l:C'.J;
and' deed. . ' . ".,' , "'. .~ '.
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Date Received:
Page 2 - GRANT Of' UTILITY DRAINAGE (9/22/89)
FEB I 3 2008
Original Submittal