HomeMy WebLinkAboutEasement APPLICANT 10/6/2010
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Division 0' Chle' Depuly Clerk ~BBI B~7Mn
Lane Counly Deeds and Records 'UV -Vv ~~
1111111111111111111111111111111111111111111111111 $56.00
00210572200100579990040048
09/05/2001 02:51:12 pn
RPR-ES"T Cnl=4 Sln=6 CASHIER 05
$15.00 $20.00 $10.00 $11.00
TL 17-02-11-3200
File 75 Slides1152 - 1155
Levi Landing, 2" Addition
Levi Landing 2nd Addition-Drainage, Slope, Maintenance and Access Easements
Declarant/Grantor: Thomas K. Dean, Trustee, James A. Paulson Trust
After recording return to Recording charges shall be paid by
Thomas K. Dean, Trustee Thomas K. Dean, Trustee
James A. Paulson Trust James A. Paulson Trust
2121 Franklin Blvd., Suite 5 2121 Franklin Blvd., Suite 5
Eugene, OR 97403 Eugene, OR 97403
GRANT OF PRIVATE EASEMENTS
FOR DRAINAGE, SLOPE, MAINTENANCE AND ACCESS:
LEVI LANDING SECOND ADDITION
RECITALS:
I. Declarant: The private easements for drainage, slope, maintenance, and access described herein
are declared and granted by Thomas Dean in his capacity as Trustee of the James A. Paulson Trust
("Grantor"), to the City of Springfield and the Levi Landing Homeowners' Association, an Oregon
nonprofit corporation.
2. Subject Property: Grantor is owner of fee title to the real property described as LEVI LANDING
SECOND ADDITION (Levi Landing Lets 34-113).as platted and recorded in File~, Slides
1152 - 1155 , Lane County Plat Records ("Levi Landing Second Addition") and as shown on
Exhibit "A," attached hereto and incorporated herein, which is a diagram entitled "Levi Landing
2"" Add. Public Improvements Site Plan and Utility Plan."
3. Purpose: This instrument establishes private easements for drainage, slope, maintenance and
access as shown on Exhibit" A" hereto and on the final plat recorded concurrently.
4. Consideration: The consideration for this easement is other than monetary.
WITNESSETH:
NOW, THEREFORE, in consideration of the foregoing recitals, which are expressly made a part oflhis
declaration, the undersigned hereby declares as follows:
I. GRANT AND DECLARA nON OF EASEMENTS: There are hereby declared and conveyed
from Grantor to Grantee the nonexclusive private easements for drainage, slope, maintenance and
access as shown on Exhibit "A" and as more particularly described in "Exhibit B - Levi Landing
2M Addition, Pedestrian Access Easement," attached hereto and incorporated herein.
Date Received:
Page - I Levi Landing 2'" Addition - Drainage, Slope, Maintenance and Access Easements aj62601
OCT - 6 2010
Original Submittal
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2. The property crossed ("burdened") by said easements is, as to each easement, that part of Levi
Landing Second Addition occupied by the easement as shown on Exhibit "A"
3. The properties served ("benefitted") by said easements are Lots 34-133 of Levi Landing as shown
on Exhibit "A.
4. Said easements are not personal or in gross but are appurtenant to each and every portion ofthe
properties benefitted.
5. Said easements shall run with the properties herein described and shall be binding on and inure to
the benefit of the parties hereto, their heirs, successors, or assigns.
6. Said easements are made for the purpose of complying with the Springfield Development Code
regarding the division or partition of land or any other development of land. As such, the City of
Springfield shall also have the right and standing to secure judicial recognition and enforcement of
the rights granted by this Declaration, and these easements shall not be affected or negated by title
or the merger oftitle of the dominant and servient properties in a common owner.
7. Grantor shall at all times, and without restriction, have the right to use the easements for purposes
not inconsistent with the easement and other applicable restrictions of record.
8. The maintenance and repair of said easements shall be the responsibility of Grantor until such time
as responsibility therefore is assumed by the Levi Landing Homeowners Association.
9. The easements created hereby shall be exercised in a manner consistent with applicable local,
state, and federal regulations and permits and with all other conditions, easements, and restri:tions
of record, including but not limited to the conservation easement for the Levi Landing 2nd Addition
conservation and open space area and the supplemental declaration of conditions, covenants, and
restrictions for Levi Landing 2nd Addition recorded concurrently with this declaration.
IN WITNESS WHEREOF, the undersigned being the Developer and Declarant herein, has executed this
i~71~daY:~::; ,2001. ,
THOMAS K. DEAN, IN HIS CAPACITY AS TRUSTEE
OF THE JAMES A. PAULSON TRUST
('I' ,. \f\l SEAL
I) DEN".i~ WAHTENBEE
" NO'AI'vPllBLlC OREGON
':.:. ...' COl\.AMI~:o:.:()N NO. 321949
. My Ct;MMI~.';;'-'1't txPIAES A.PR. 16. 2003
ACKNOWLEDGMENT
STATE OF OREGON )
) ss.
County of Lane )
On .?~;; ~ / ,personally appeared the above-named Thomas K. Dean in his capacity as Trustee
for the James A. Paulson Trust and and acknowledged the fOreg~~~
~ublic for OregoWL /'..A "
, My commission eXPires~
Date Received:
Page - 2 Levi Landing 2'" Addition - Drainage, Slope, Maintenance and Access Easements aj6260:
OCT - 6 2010
Original Submittal
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Exhibit A - Grants of Private Easements
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LEVI LANDING 2ND_ ADD.
PUBLIC IMPROVEMENTS
SITE PLAN AND UTILITY PLAN
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Exhibit B - Grants of Private Easements
Beginning at a point on the north line of the William Y. Miller Donation Land Claim No.
48, T17S, R2W, WM, from which the NW corner of said Donation Land Claim No. 48
bears N88019'05"W 935.85 feet, thence leaving said north line SI006'59"W 197.51 feet
to a point; thence S24"30'57"W 228.79 feet to a point; thence along the arc ofa 120.00
foot radius curve to the right (the chord of which bears S69"26'00''E 16.54 feet) 16.55
feet to a point; thence N24030'5T'E 232.21 feet to a point; thence Nlo06~59''E 201.85
feet to a point on the north line of said Donation Land Claim No. 48; thence along said
north line N88019'05"W 22.00 feet to the point of beginning, in Lane County, Oregon.
Date Received:
OCT - 6 2010
Original Submittal