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HomeMy WebLinkAboutEasement APPLICANT 10/6/2010 -, . . Recorded at the request of and after recording return to: Branch Engineering 310 5th Street Springfield OR 97477 True consideration for this cOil\'eyance is $~. PRIV ATE ACCESS EASEMENT Know all persons by these presents, that Brian K. Gesik, Cheryl Gesik, Robert n. Ridge, Amy D. Ridge, Brandon 1. Parks, Jamie K. Parks, Eldon Shaw and Laura 1. Shaw, hereinafter referred to as the Grantors, do hereby grant, bargain, sell and convey unto Brian K. Gesik, Cheryl Gesik, Robert D. Ridge, Amy D. Ridge, Brandon 1. Parks, Jamie K. Parks, Eldon Shaw and Laura 1. Shaw, hereinl!fter referred to as the Grantees, a non-exclusive, perpetual, appurtenant easement, together with the right to go upon said easement area hereinafter described for purposes of private access over, under, and upon the following described property: SITUATED in the Southeast 1/4 of the Southeast 1/4 of Section 27, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING a variable width strip of land across Tract A of Levi Landing 2nd Addition Replat as platted and recorded in the Lane County Oregon Plat Records and Lot 63 of Levi Landing 2nd Addition as platted and recorded in the Lane County Oregon Plat Records, the boundaries of said strip being more particularly described as follows: BEGINNING at the northwest corner of Lot 66 of said Levi Landing 2nd Addition; THENCE along the line common to said Tract A and Lots 66 through 63, inclusive, of said Levi Landing 2nd Addition South 118053'0]" East, 388.55 feet to a point; THENCE leaving said common line South 30000'00" East, 24.56 feet to a point on the east boundary of said Lot 63; THENCE along said east boundary South 24030'58" West, ]28.94 feet to the northern margin of Jacob Lane; THENCE along a 120.00 foot radius curve to the right in said northern margin through a central angle of 07054' 17" for an arc length of 16.56 feet with a chord bearing South 69026'] 0" East and a chord length of 16.54 feet to a point of tangency; THENCE along a tangent line in said northern margin South 65029'02" East, 5.50 feet to the most southerly southeast corner of said Tract A; THENCE along the eastern boundary of said Tract A North 24030'58" East, 209.26 feet to a point on a line lying parallel to and 45.00 feet northerly, by perpendicular measurement, of the aforesaid common line; THENCE along said parallel line North 88053 '01" West, 453.28 feet to a point lying on the northerly extension of the western boundary of said Lot 66; THENCE along said northerly extension South 01045'49" West, 45.00 feet to the point of beginning. r The above easement is not in gross, but is appurtenant to and for the benefit of those lands described in Exhibit A of that Property Line Adjustment Deed] of 3 recorddd on ,2010 as Reception Number 2010- . ih the Lane County Oregon Official Records, described in Exhibit B of that Property Line Adjustment Deed 2 of 3 recorded on ,2010 as Reception Number 20]0- in the Lane County Oregon Official Records, described in Exhibit B 'of that Property Line Adjustment Deed 3 of3 recorded on ,2010 asiReception Number 2010- in the Lane County Oregon Official Records and Lot 66 of Levi Landing 2nd Addition as platted and recorded in the Lane County Oregon Plat Records. The owners or occupiers of the parcels affected by these easements shall hJe the right to use their property, including the areas described as the easements, for any purpo~e as long as the owners or occupiers do not interfere with the use of the easements as grante4 by this instrument. No vehicle parking or storage of vehicles shall be allowed by any party within the easement area, including the agents, employees, tenants, and invitees of said owners. i I The cost of any maintenance or repair of the driveway improvements within 'the easement area and outside the 22.00 foot public pedestrian access easement granted by the Jacob Lane - Ruff Park Public Pedestrian Access Easement and Maintenance Agreement recorded on September 5, 2001 as Reception Number 2001-057998 in the Lane County Oregon Official Records shall be split equally between the owners ofthe benefitted property. Following any such nn.Reoeived: ! OCT - 6 2010 PRIVATE ACCESS EASEMENT Page 1 of2 Original Submittal I 1.. . . repairs, the surrounding area shall be returned to equivalent or better condition than before said maintenance or repairs. To have and hold the above easement by the said Grantees, their successors and assigns forever. Dated this '2UfL day of Jellw~ ,2010. GRANTORS & GRANTEES: ~\C-- Brian K. Gesik ~c Che ~Gesik/ STATE OF OREGON ) County of Lane )SS On 5el~tw" vrv, 2010 personally appeared the above Gesik and Cheryl Gesik and acknowledged the foregoing to be their ~ OFFI;;IAL SEAL CHmSTOPHIOR ';.)LIN CHRISTENSEN . NOTARY PtirJLlC . OREGON COMMISSION NO. 433709 MY COMMISSION EXPIRES OCT. 26, 2012 named Brian K. ct and deed. ~-/.~ Brandon 1. Parks ~~~r~ STATE OF OREGON ) County of Lane )SS On ~ 13;, I 2010 , 2010 personally appeared the above named Brandon 1. PWk;='" K,:~~:, ~koowloo~oo ilinregOi,g to ~ ili(~OI"pntary act and deed. "'. . '. ROBIN 0 PARKS ~U '-- v2>V-ti ~ \: . ''': NOTARY PUBUC. OREGON . .... .... COMMISSION NO. 432228 Notary Public for Oregon MY COMMISSION EXPIRES OCTOBER 13, 2012 ~v_ Q.~ Robert D. Ridge (1Yv1~ 6. W,L' Amy D. dge STATE OF OREGON ) County of Lane )SS /fU l'-f , 2010 personally appeared the above named Robert D. d Am\dF.IR.idS@A!ll ac wledged the foregoing to be their voluntary act and deed. SABi'lINA J VAN BEENEN NOTARY PUBUC-OREGON . COMMISSION NO. 443993 \) 0 <"\/ A IJ) /1. MYCOMMISSIONEXPlIltSNOVEMBER3,2013 _~t 3..1 ~~jJ..( ~ Notary Public r Oregon (gJJ(JVI 0Aa~ )' Eldon Shaw ?j)o..u:1A- >J.. Laura 1. Shaw ~ STATE OF OREGON ) County of Lane )SS . . --rf../ : ki,L-~ 1I"-- , 2010 personally appeared the above named Eldon Shaw 1. Shaw and acknowledged the foregoing to be their voluntary act and deed. V~\!G~uVo~~eived: Notary Public for Oregon OCT - 6 2010 . OFFICIAl SEAl WilLIAM K ROBINE~TE NOTARY PUBLIC . OOEGON C.OMMISSION NO. 443653 p,ff~ElCI'lllESocr30.'2013 PRIVATE ACCESS EASEMENT Page 2 of2 Original Submittal 8 ~ >- ;= ~ ::i z LU LU a: <.!' cc LU > LU 12 ~ ex: . / \ ~~~~.~m~~ 1111111111111111111111111111111111111111111111111 $26.00! 00637487200400824980010014 10/25/2004 02:29:33 PM RPR-DEED Cn~=l S~n=7 CASHIER 06 $5.00 $11.00 $10.00 ( Division of ~f Deputy Clerk Lane Coun~y Deeds and Records BERJAC OF OREGON P.O. BOX 726 EUGENE, OR 97440 Grantor's Name and Address ELDp~SHAWA ~ L ""0" d-.l> -c.o N __ Sp"'/"''If','<I~. oR. 97'1";;<J Grantee's l"tame and Address After recordinB.. return to: EVERGREEN LAND TITLE CO. P,O. BOX 931 SPRINGFIELD, OR 97477 Until a d18Jlge is requested, aU tax statements shall be sent to tile foUowing address. SAME AS GRANTEE \ 1-07. - 3+ II iL 151..{00 TITLE NO. ELT46392 ESCROW NO. SI'04-17492 TAX ACCT. NO. 1722535 MAP NO. 1702341115400 WARRANTY DEED. STATUTORY FORM (INDIVIDUAL OR CORPORATION) KNOW AIL MEN BY THESE PRESENTS, That BERJAC OF OREGON and THOMAS K. DEAN, trustee of JAMES A PAULSON REVOCABLE LIVING TRUST , dated October 7th, 1998 hereinafter called grantar, for the consideration hereinafter stated, la granlar paid by ELDON SHAW and LAURA I. SHAW, husband and wife and SAMUEL HARRISON and JULIE HARRISON, husband and wife and BRANDON L. PARKS and JAMIE K. PARKS, husband and wife and ROBERT D. RIDGE and AMY D. RIDGE, hushand and wife hereinafter called grantee, does hereby grant, bargain, sell and canvey unlo Ihe said granlee and grantee's heirs, successors and assigns, Ihat certain real property, with the tenemenls, hereditamenls and appurtenances thereunlo belonging or appertaining, siluated in Ihe County of LANE and Stale of Oregon, described,aaollows, to-wit: . "./ .J'""-. TRACT "A", LEVI LANDING 2ND ADDITION,.REPLAT OF LOTS 59,60,61,62 AND 61, AS FILED AND RECORDED MARCH 29, 2004, RECEPTION NO. 2004-021855, OFFICIAL RECORDS OF LANE COUNTY, OREGON " To Have and to Hold the same Ullto the said grantee and grantee.'s heirs, successors and assigns forever. And said grantor hereby covenanls 10 and wilh said grantee and grantee's heirs, successors and assigns, Ihal grantor is lawfully' seized in fee simple of Ihe above granted premises, free from all encumbrances except 2004-2005 Real Property Taxes, a Lien now due and payable. Subjecl to any and all easements, reslriclians and cavenants of record and thaI grantor will warrant and forever defend Ihe said premises and every part and parcel thereof against the lawful claims and demands af all persons whomsoever, excepllhose claiming under the above described encumbrances. TIle lrue and aClual cansidera/ion paid for this lransfer, staled in lerms of dollars, is $ 6,000.00. 'However, lIre actual consideration consists of or includes olher properly or value given or promised which is (Ihe whole/part oj the) consideralion (indicate which). ' (Tile sentence belween Ihe symbols', if nol applicable should be deleled. See ORS 93.030.) In conslruing this deed and where Ihe contexl so requires, the singular includes the plural and all grammatical changes shall be implied 10 make Ihe pravisions hereof apply equally 10 corpora/ions and 10 individuals. I/! Witness Wlrereof, Ihe grantor has executed Ihis instrumenl this October 25 day of ,October 25 . 20!!!!.......; if a carpora/e granlor, it has caused its name 10 be signed and seal affixed by ils officers, duly aulhorized Iherelo by order of its board of direClars. TillS INSTRUMENT WIL LAND USE LAWS TO THE PROP TY S USES AND TO TE NOT ALWW USE OF THE PROPERTY DESCRIBED IN TillS INSTRUMENT IN VIOLATION OF APPLICABLE ULATIONS. B' GNING OR ACCEI'fING TillS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE D CHECK ITR THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED ANY TS ON LAWSUITS AGAINsr FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. BERJAC OF OR , Michael Holcomb, e- Partner ?I STATE OF OREGON, COUNTY OF ~N~ )ss. TillS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Oe. lO.Jlf!. ,f(,s- TROM A PAULSON REVOCABLE LIVING TRUST, dated A I Michael Holcomb, as 'Partner cf:. , 20 ~ BY BERJAC OF OREGON 8Ild October 7th, 1998 My conunission expires: ~--/ / -tJ 7 Date Received: o ICIAL SEAL SHAWNA LOVD NOTARY PUBLIC-OREGON COMMISSION NO. 371443 MY COMMISSION EXPIRES AUGUST 11. 2007 ..-...;e~ ... OCT - 6 2010 Original submittal '. ,~!;T,ii!il RECORDING RETU~a . FIDELITY NATIONAL TITLE INSURANCE COMPANY OF OREGON 800 WILLAMETTE ST., #500 EUGENE, OR 97<01 I' Division 0' Ch~ Deputy Clerk Lane County Deeds and Records 2010.029~~O RECORDING REQUESTED BY: Fidelity ~ational Title Company of Oregon 111111111111111111111111111111 1111111111111 111111 $47,00 01156170201000295400020020 06/24/2010 11:04:54 ~M RPR-DEED Cnt=l Stn=l CASHIER 05 $10.00 $11.00 $16.00 $10.00 GRANTOR'S NAME: Samuel Harrison and Julie Harrison, as tenants by the entirety l1-o2.-3L\-I\ 1L \'?i.!oo GRANTEE'S NAME: Brian Kirk Gesik and Cheryl Reiko Gesik,as tenants by the entirety SEND TAX STATEMENTS TO: Brian Kirk Gesik and Cheryl Reiko Gesik,as tenants by the entirety 6718 Jacob Lane Springfield, OR 97478 AFTER RECORDING RETURN TO; Brian Kirk Gesik and Cheryl Reiko Gesik 6718 Jacob Lane Springfield, OR 97478 Escrow No: 4610015656-FTEUG03 Tax Act #1722535 Springfield, OR 97478 SPACE ABOVE THIS LINE FOR RECORDER'S USE WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) Samuel Harrison and Julie Harrison, as tenants by the entirety, Grantor, conveys and warrants to Brian Kirk Gesik and Cheryl Reiko Gesik,as tenants by the entirety Grantee, the following described real property free of encumbrances except as speCifically set forth herein: Tract "A", LEVI LANDING 2ND ADDITION, REPLAT OF LOTS 59, 60, 61, 62 AND 67, as platted and recorded March 29, 2004, Reception No. 2004-021855, Official Records of Lane County, Oregon. - ENCUMBRANCES: Rights off the public, easements, reservations. covenants, conditions and restrictions of record, if any. THE PURPOSE OF THIS DEED IS TO CONVEY THE INTEREST OF SAMUEL HARRISON AND JULIE HARRISON TO THE ABOVE NAMED GRANTEE ONLY. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER. ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. The true consideration for this conveyance is $2,000.00. Dated ..k.J:t1 0 Date Received: OCT - 6 2010 Original Submittal \ Il lStorJCp ~ Ib - .. ~ ... :....{,:.~ . . State of OREGON COUNTY of Lane To 's' stru ent was a wledged before me on '\.A Ai'r-P / \ L. 201I2- b u I and Julie Harrison ---rt' M omml ion expires: Notary Public - State of Oregon ~\ . OfIFlClAl.llEAL VICKIE L IAUGIIIAIil NOTARY PIJSUC. 0AeG0N COMMISSION NO. 410818 f.f( COMMISSION EXPIRES DEC. 18, 2010 Date Received: OCT - 6 2010 Original Submittal