HomeMy WebLinkAboutEasement APPLICANT 7/10/2009 (5)
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Reoorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
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DlvJsion of' Otle' Deputy Clerk ~Me ~JJ"^
I-ano Count.y D.eds and Rec:ords' 'WW-W 'V
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07/26/2006 10:13:22 ~
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DECLARA nON OF PRIVATE JOINT USE STORM
DRAINAGE EASEMENT AND MAINTENANCE
AGREEMENT
The true and actual consideration for this declaration is other than monetary.
KNOW ALL PERSONS BY THESE PRESENTS, that AMlGOS m, LLC, an
Oregon Limited Liability Company, hereby declares the following:
RECITALS:
I) WHEREAS AMlGOS Ill, LLC, an Oregon Limited Liability Company, being a
Grantor and Grantee herein, is the owner of (a) the lands that are described in
"Exhibits C and D" in the Property Line Adjustment Deed that was recorded March 20,
2006 at Recorder's Number 2006-018447 in the Official ReCords of Lane County, State
of Oregon; (b) the lands that are described in "Exhibits C and D" in the Property Line
Adjustment Deed that was recorded March 20, 2006 at Recorder's Number and 2006-
018448 in the Official Records of Lane County, State of Oregon; (c) the lands that are
described as "Tmct 1" in "Exhibit A" in the Property Line Adjustment Deed that was
recorded December 21, 2005 at Recorder's Number 2005-101301 in the Official Records
of Lane County, State of Oregon (d) the lands that are described as "Parcell" in "Exhibit
A" in the Statutory Warranty Deed that was recorded May 13, 2005 at Recorder's
Number 2005-034709 in the Official Records of Lane County, State of Oregon;
2) WHEREAS LffiERTY BANK, an Oregon Stock Bank, being a Grantee berein, is
the owner of the 'lands that are described in the Statutory Warmnty Deed that was
recorded June 30, 2006 at Recorder's Number 2006-046082 in the Official Records of
Lane County, State of Oregon;
2) WHEREAS AMlGOS Ill, LLC is requesting Final Site Plan approval from the City of
Springfield; and
3) WHEREAS AMlGOS Ul, LLC desires to create easements for private storm dminage
purposes and define maintenance responsibilities on certain areas and facilities for the
benefit of the present and future owners of the above lands as described below.
WITNESSETH:
NOW THEREFOR, the above Grantor hereby declares and conveys as follows:
A) Easement Created: AMIGOS 111, LLC hereby creates a perpetual easement for the
benefit of all those lands described in Exhibit "AU, anached hereto and made a part
hereof, as said easement is described in Exhibit "B", attached hereto and made a part
hereof, for private stonnwater purposes.
B) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
C) Use of the Burdened Prooenv: 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 interfere with the
use of the easements as gmnted by this instrument.
D) Maintenance and Renairs: The cost of any maintenance or repair afthe storm drainage
improvements within the easement area ,hall be the responsibility of the owners of those
lands that are descnbed as "Tmct I" in Exhibit "A" of said Property Line Adjustment
Deed that was recorded at Recorder's Number 2005-101301 in the Official Records of
Lane County, State of Oregon.
DECLARA nON OF ~RIV ATE JOINT USE STORM DRAINAGE EPP~~~AbTfAl REC'O
MAINTENANCE AGREEMENT JUL 1 0 Z009
Page I of4
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E) Successors in Interest The provisions oflhis instrument touch and concern, and relate to
the use of those lands described in Exhibit "A", attached hereto and made a part hereof,
and are intended to be covenants and restrictions rwming with the land. All provisions of
this instrument, including the benefits and burdens, arc binding and inure to the heirs,
successors, assigns, transferees, and personal representatives of all owners of any of the
aforementioned lands,
IN WITNESS WHEREOF, we have executed this DECLARATION OF PRIVATE JOINT
USE STORM DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT on this
/I day of -:f... I '& ,2006
Amigos ill, LLC an Oregon Limited Liability Company
STATE OF OREGON
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)>so
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CountY"ortan'"
On this ....lL. day of "J '" ~ . 2006, personally appeared the above
named Ronald E, Thienes, who 'ng duly sworn said that he is a member of Amigos Ill, LLC,
and that the above instrument was signed on behalf of said limited liability company and
acknowledged the foregoing instrument to be his voluntary act and deed.
---e.IU~L nt;, (lI1AL
Notary Public for Oregon
e OFACIALSEAL
BRENDA LEE CARLIN
'.. ..; NOTARY PUBLIC. OREGON
.. / COMMISSION NO. 36853D
MY COMMISSION EXPIRES JUra; 7, 20111
PRE-SUBMITTAL REC'O
DECLARATION OF PRIV ATE JOINT USE STORM DRAINAGE EASEMEN1lJ.k} 0 2009
MAINTENANCE AGREEMENT
Page 2 of 4
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EXHIBIT "A"
I
BENEFITED LANDS
BEING a tract ofland in the Southeast 1/4 of Section 33 in Township 17 South, Range 2 West
and the Southwest 1/4 of Section 34 in Township 17 South, Range 2 West of the Willamette
Meridian in Lane County, State of Oregon; said tract is described as follows:
ALL those the lands that are described as "Tract I" in "Exhibit A" in the Property Line
Adjustment Deed that was recorded Deeember 21, 2005 at Recorder's Number 2005-101301 in
the Official Records of Lane Counly, State of Oregon; EXCEPTING therefrom, any portion
thereof that lies northerly of the south margin ofthe future extension ofNortb "A" Street;
ALSO that portion of the lands that are described in the Statutory Warranly Deed that was
recorded June 30, 2006 at Recorder's Number 2006-046082 in the Official Records of Lane
County, State of Oregon that lies within the Joint Use Access Easement that is described in that
certain Joint Use Access Easement and Maintenance ~eement that 'was recorded :J-;.. 'r;t
_ Zc, 2006 at Recorder's Number 2006- -:;;? 31 Gj' in the 0 cial
Records of Lane Counly, State of Oregon;
ALSO that portion of the lands described as "Parcell" in "Exhibit A" in the Statutory Warranty
Deed that was recorded May 13, 2005 at Recorder's Number 2005-034709 in the Official
Records of Lane County, State of Oregon that is contained within those lands that are described
in said Joint Use Access Easement and Maintenance Agreement;
ALSO those portions of the lands that are described in Exhibits "c" and "0" in the Property
Line Deed that was recorded March 20, 2006 at Recorder's Number 2006-018447 in the Official
Records of Lane Counly, State of Oregon that is contained within those lands that are described
in said Jotnt Use Access ~ement and Maintenance. Agreement; and
ALSO those portions of the lands that are described ;n Exhibits "C" and "0" in the Property
Line Deed that was recorded March 20, 2006 at Recorder's Number 2006-018448 in the Official
Records of Lane County, State of Oregon that is contained within those lands that are described
in said Joint Use Access Easement and Maintenance Agreement.
PRE.SUBMITTAl REC'D
DECLARATION OF PRIVATE JOINT USE STORM DRAINAGE EASEM!mI. A~ 2009
MAINTENANCE AGREEMENT
Page 3 of4
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EXHmlT "B"
PRIVATE JOINT USE STORM DRAINAGE EASEMENTS
SITUATED in the Southeast 1/4 of Section 33 in Township 17 South, Range 2 West and the
Southwest 1/4 of Section 34 in Township 17 South, Range 2 West of the Willamene Meridian in
Lane County, State of Oregon and descrihed more particularly as follows:
PARCEL I
BEING the east 5.00 feet by perpendicular measuremem of the lands that are described as
"Parcel ]" in ''Exhibit A" in the Statutory Warranty Deed that was recorded May 13,2005 at
Recorder's Number 2005-034709 in the Official Records of Lane County, State of Oregon;
EXCEPTING thereITom all that portion lying northerly of the southerly margin of the future
extension of North "A" Street.
PARCEL 2
BEING a srrip ofland of uniform width of25.00 reet lying within the lands that are described as
"Tract I" in "Exhibit A" in the Property Line Adjustment Deed that was recorded December 21,
2005 at Recorder's Number 2005-101301 in the Official Records of Lane County, State of
Oregon the south line of said strip being more particularly described as follows:
BEGINNING at the westerly terminus of that certain south line of said deed that has a bearing
and distance of South 890 44' 31" East ]08.52 fee~ THENCE, leaving said POINT OF
BEGINNING and along said south line and its westerly prolongation SOUTH 89' 44' 31"
EAST ] 17.52 FEET to a point on a line that lies parallel with and 9.00 feet easterly by
perpendicular measurement ITom that certain westerly line of said ''Tract]'' that has a bearing
and distance of South 132.18 feel. '
The westerly and easterly' limits of said easement being (I) the western-most west line of said
"Tract I" and (2) the aforesaid line that lies parallel with and 9.00 feet easterly by perpendicular
measurement ITom that certain westerly line of said ''Tract I" that has a bearing and distance of
South 132.18 feet, respectively.
PARCEL 3
BEING a srrip of land of uniform width of 5.00 feet lying within the lands that are described as
''Tract 1" in "Exhibit A" in the Property Line Adjustment Deed that Was recorded December 21,
2005 at Recorder's Number 2005-]01301 in the Official Records of Lane County, State of
Oregon, the centerline of said srrip being more particularly described as follows:
BEGINNING at the point of intersection of the northern-most west line of the lands that are
described in the Statutory Warranty Deed that was recorded June 30, 2006 at Recorder's Number
2006-046082 in the Official Records of Lane County, State of Oregon with a line that lies
parallel with and 9.00 feet northerly by perpendicular measurement ITom the easterly extension
of that certain south line of aforesaid "Tract I" that has a bearing and distance of South 89044'
31" East 108.52 feet; THENCE, leaving said POINT OF BEGINNING and along said parallel
line, NORTH 890 44' 31" WEST ]2.00 FEET to a point on a line that lies parallel with and 9.00
feet easterly by perpendicular measurement ITom that certain westerly line of said "Tract I" that
has a bearing and distance of South 132.18 feet. RE,,';i>l:iii:D
PROFESSIONAL
LAND SUnVEY R
c::;;
CREG N
JULY 20, 1993
o ~.R'FA:',BmAI Rr. C'D
DECLARA nON OF PRIVATE JOINT USE STORM DRAINAGE E~SE~ AND 0 tJi{rJ,~
MAThnENANCEAGREEMENT JUL 1
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