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HomeMy WebLinkAboutEasement APPLICANT 1/5/2009 (5) . . ; Recorded at the request of and after recording return to: , Division of Chief Deputy Clerk Lane County Deeds and Records 200D-05J320 $46.00 Branch Engineering. Inc. 310 Fifth Street Springfield. OR 97477 1111111111111111111111111111111111111111111111111 00828407200600533200040046 07/26/2006 10:13:22 AI'l RPR-ESMT Cnt=2 Stn=15 CASHIER 02 $S.OO $20.00 S10.00 $11.00 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 AMIGOS m, LLC, an Oregon Limited Liability Company, hereby declares the following: .REClTALS: I) WHEREAS AMlGOS UJ, 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 "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 (d) the lands that are described as "Parcel I" 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 LmERTY BANK, an Oregon Stock Bank, being a Grantee herein, is the owner 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; . 2) WHEREAS AMlGOS III, LLC is requesting Final Site Plan approval from the City of Springfield; and 3) WHEREAS AMlGOS UI, LLC desires to create easements for private storm drainage 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 III, LLC hereby creates a perpetual easement for the benefit of all those lands described in Exhibit "A", attached hereto and made a part hereof, as said easement is described in Exhibit "B", attached hereto and made a part hereof, for private storm water 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 Prooertv: The owners or occupiers of the lands affected by this easement shall have the right to use their property, inchiding 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 granted by this instrument. D) Maintenance and ReDairs: The cost of any maintenance or repair of the storm drainage improvements within the easement area shall be the responsibility of the owners of those lands that are described as "Tract 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. DECLARATION OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT Page I of4 PRE.SUBMITTAl REC'D JAN 0 5 2009 -.....;.. '- . . E) Successors in Interest:The provisions of this 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 running with the land. All provisions of this instrument. including the benefits and burdens, are 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 II day of :r....ltr ,2006 Amigos m, LLC an Oregon Limited Liability Company STATE OF OREGON ) )ss County of Lane ) On this II day of "J" l.t. L....- , 2006, personally appeared the above named Ronald E. Thienes, who b\fng duly sworn saId that he IS a member of Amlgos III, 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. ---8/VA'lL ,LL C.a-,L Notary Public for Oregon (I) OFFICIAL SEAL BRENDA LEE CARLIN \," / NOTARY PUBLIC. OREGON ....' COMMISSION NO. 368530 MY COMMISSIOll EXPIRES JUNE 7, 2007 DECLARATION OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT Page 2 of 4 PRE.SUBMITTAl REe' JAN 0 5 2009 . . EXHIBIT "A" BENEFITED LANDS BEING a tract of land in the Southeast 1/4 of Section 33 in TowIiship 17 South, Range 2 West and the Southwest 1/4 of Section 34 in Township 17 South, Range 2 West of the WiIlamette 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 December 21, 2005 at Recorder's Number 2005-101301 in the Official Records of Lane County, State of Oregon; EXCEPTING therefrom, any portion thereof that lies northerly of the south margin of the future extension of North "A" Street; ALSO that portion 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 that lies within the Joint Use Access Easement that is described in that certain Joint Use Access Easement and Maintenance ~eement that was recorded :rz.. ~ LV> . 2006 at Recorder's Number 2006- ~"3 31 Cf in the 0 cial Records of Lane County, State of Oregon; ALSO that portion of the lands described as "Parcel J" 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 "D" in the Property Line Deed that was recorded March 20, 2006 at Recorder's Number 2006-018447 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; and ALSO those portions of the lands that are described in Exhibits "c" and "D" 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. DECLARA nON OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT PRE-SUBMITTAL REC'D Page 3 of 4 JAN 0 5 2009 . . . EXHIBIT "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 Willamette Meridian in Lane County, State of Oregon and described more particularly as foIlows: PARCEL 1 BEING the east 5.00 feet by perpendicular measurement of the lands that are described as "Parcel I" 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 therefrom all that portion lying northerly of the southerly margin of the future extension of North "A" Street. PARCEL 2 BEING a strip of land of unifonn width of 25.00 feet 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 tenninus of that certain south line of said deed that has a bearing and distance of South 890 44' 31" East 108.52 feet; THENCE, leaving said POINT OF BEGINNING and along said south line and its westerly prolongation SOUTH 89044' 31" EAST 117.52 FEET to Ii point on a line that lies parallel with and 9.00 feet easterly by perpendicular measurement from that certain westerly line of said 'Iract I" that has a bearing and distance of South 132.18 feet. 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 from that certain westerly line of said 'Iract I" that has a bearing and distance of South 132.18 feet, respectively. PARCEL 3 BEING a strip ofland ofunifonn width of 5.00 feet lying within the lands that are described as "Tract I" in "Exhibit A" in the Property Line Adjustment Deed that was recorded December 2 I , 2005 at Recorder's Number 2005-101301 in the Official Records of Lane County, State of Oregon, the centerline of said strip 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 from the easterly extension of that certain south line of aforesaid "Tract 1" that has a bearing and distance of South 890 44' 31" East I 08.52 feet; THENCE, leaving said POINT OF BEGINNING and along said parallel line, NORTH 890 44' 3 I" WEST 12.00 FEET to a point on a line that lies parallel with and 9.00 feet easterly by perpendicular measurement from that certain westerly line of said "Tract I" that has a bearing and distance of South 132. I 8 feet. RE\il;S~Ei:iED PROFESSIONAL LAND SU:l~ R c:/; Iq lAO/p C?.EG N JULY 20, 1993 REXA BE12 DECLARA TlON OF PRIVATE JOINT USE STORM DRAINAGE EASEMENT AND . ~;/~~;~ MAINTENANCE AGREEMENT PRE-SUBMITTAL REC'O JAN 0 I) 2009 Page 4 of 4