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HomeMy WebLinkAboutEasement APPLICANT 10/17/2008 (2) -.'!" . _ __i_______ _ .~.__ ___ I Division of Ch~ Deputy Cle..k ~nno.nc"'n Lane County D~ and Reco..ds LUUO UV'VV~ 1111111111111111111111111111111111111111111111111 $36,00 01031566200800573390030030 10/16/2008 03:50:04 PM RPR-ESMT Cnt=l Stn=6 CASHIER 07 $15.00 $10.00 $11.00 '. GRANTORS: Stuart E Gourley and Janie D. Gourley Date Recei~ed: . OCT 1 7 2008 DECLARATION OF PRIVATE UTILITY EASEMENT' . .EFFECTIVE DATE: (Ja /6 ,2008 Final Submittal Grantor is the owner ofthe following described real property in Lane County, Oregon, to"wit: .See Exhibit"A". The subject property is also depicted as Tax Lot8300 of the Lane County Assessor's Map No. 17-03-25-33. . . DECLARATION OF EASEMENT . . ..1, . EASEMENT CREATED': The'Grilntor does here.bygrant arid declare:> a perpetual,' . nonexclusive. easement" over, upon, and across a portion of above s~id real property owned by the grantor to benefit that certain tract of land described in ,Exhibit "S", being . depicted on said Lane County Assessor's Map as Tax Lot8200. Thereasement is. . described on attached Exhibit "C". ,. 2. PURPOSE. .The purpose of the easement is toaccommodate an existing overhead electric service line and underground sanitary service line to serve said Tax Lot 8200, . The easement is for maintenance, and repair 'of said service lines located within the area of the easement. .' . . . ,3. .' USE OF SURDENEbPROPERTY. .Theowners'oroccupiers of the,. said Tax Lot 8300 shall have ttie rightto use their property, including'the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. . ... . . , -, ' . . 4. . MAINTENANCE AND REPAIRS. All costs and expenses incurred in, the cOnstruction, . repair: and maintenance. of said service lines within the easement area, shall be borne solely by the owne'rs of said Tax .Lot 8200. Any repair work on said private sanitary sewer pipe within.the easement area shall be performed by a licensed, bonded . . contraCtor. Notice shall be given to the owners of said Tax .Lot 8300 ' prior to initiation of work, except in. the case of an emergency, and the grounds shall be returned to original condition after work has been' completed. . Costs related to repair of any damage to the. overhead electric service line !hatis caused by, or.directly related an' Individual property owner, shall be the responsibiHty of that property owner. . . .' DECLARATION OF PRIVATE UTILITY EASEMENT , . ' ., After recording return to::. StuartEand JanieD,Gourley'. Stuart E.. and Janie D.Gourley .39051 McKenzieH'ighway . Springfield" Oregon-9.7 478 . DECLARANTS:' . '.' v ~,"" - - ,.' _,.' , ': ; Untila change. is requested,.maii all tax statements to: SAME AS.ABOVE i ~ . . 5. EASEMENT TO RUN WITH THE LAND. These easements shall run with the land and shall be binding on and inure to the benefit of the parties hereto. . . - . . - . . 6. SUCCESSORS IN INTEREST. All provisiOns Of this instrument, inCluding the benefits . and burdens, are binding and inure to the heirS, successors, assigns" trustees, arid . personal representatives of all parties who own any of the aforementioned parcels. IN WITNESS WHEREOF; the owner hereto has executed this agreement as of the date first herein above written, . .. By: .....,~...., . (. Stuart E. Gourley 4 """"~I)(}ftw1 ,JadeD.Gourley '.. STAT~ OF OREGON ). ) ss. County of Lane On J tJ - /&- . .,2008, before me, personally appeared Stuart E..Gourley. and Janie D. Gourley, known toine (or proved tome on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that by their signatures they have executed the instrument as their voluntary act and deed. Witness my hand and.official seal. {8 OFFlCIALSEAL CHERYL R PARMENTER . '. ,; NOTARY PUIIUC.QREGON '. ..... . COMMISSION NO. 430731 MY COMMISSION EXPIRES OCTOBER 7. 2012 tJlif.4t(1 ,f. 13/,-,'1'7 f J bV . NotarY Public for Oregon My Commission Expires: IV - 7- ZOJ 2.- Date Received: ' OCT 1 7 2008 Final Subinittal . .q r." . . EXHIBIT "An. 'LEGAL DESCRIPTION . ..' . FOR ASSESSOR'S MAP NO. 17-03"25-33, TAX LOT 8300 Lot 2.8, Block 3', MOHAWK FIRST ADDITION, a~ platted and recorded in Book 15, Page 23 of the .Lane County Plat Records in Lane County, Oregon, . " ALSO: The North sixty-two (62) feet of Lot 27, Block 3;' MOHAWK FIRST ADDITION, as platted , and recorded in Book 15, Page 23 of the Lane County Plat Records in Lane Couhty, Oregon, EXHIBIT "B'; , LEGAL DESCRIPTION . " FOR', , ASSESSOR'S MAP NO. 17-03~25:33, TAX LOT 8200 Lot 27, Block 3, MOHAWK'FIRST ADDITION, as platted aridrecorded in Book 15, Page 23 of ' the Lane County Plat Records in Lane County; Oregon., LESS: The North sixty-n;.,o (62) feet of Lot 27, Block 3, MOHAWK FIRST ADDITION, as platted and recorded in Book 15, Page 23,ofthe Lane County Plat Records in Lane County, Orego'n. EXHIBIT "Cn , LEGAL DESCRIPTION' , ' 'FOR. PRIVATE UTILITY EASEMENT 'An easement, twenty (20) feet in width,being incir~particularly described as follows: Beginnin'gat the northwest comer cifLot 27, BlOCK 3, MOHAWK FIRSTADDITION, as platted and'recorded in Book 15, Page 23 of the Lane County Plat Records in 'Lane County, Oregon; , , thencealong the north boundary of said Lot 27 South 89041'03" East 15.00 feet lathe True' ,Point of Beginning; thence leaving said north boundaryof Lot 27, running parallel with the westboundaryofsaid Lot 27 South 00009'08" West 62.00 feet; thence South .89041'03" East 20.00 feet; thence North 00009'08" East 62:00 feelretumingto said north boundary of Lot 27; thence North 89041'03" West20.0ci feet to ttie True Point of Beginning, aUin Lane CountY, '. Oregon.' 'Date Received: "OCT 1 7. 2008 . Final Submittal