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HomeMy WebLinkAboutEasement APPLICANT 9/24/2009 . . .~ . T.L.17-03-36-31:07401 RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT. 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 EASEMENT RELOCATION AGREEMENT THIS AGREEMENT IS TO relocate a portion of an existing easement on a parcel of land, owned by Kit & Karen Chan Family LLC, hereinafter referred to as the Grantor, granted to THE CITY OF SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as the Grantee. WHEREAS it is the intent of the Grantor to move the easement to a location to allow building in the existing easement vicinity. Now therefore the parties agree as follows: 1.0) Kit & Karen Chan Family LLC is the owner of the parcel of land as mentioned above and evidenced by the following deed: DEED A: A Bargain and Sale Deed from Kit Wah Chan and Karen Chan, husband and wife, to Kit & Karen Chan Family LLC, dated January 2, 2004, recorded January 7, 2004 on Clerk's Reception Number 2004-001042, Lane County Deeds and Records, Lane County, Oregon, as shown on County Survey File Number 41447, Lane County Surveyors Office, Lane County, Oregon, being more particularly described as follows: Beginning at a PK Nail, said nail being South 89024'29" East 3714.33 feet and South 00001 '00" West 33.00 feet from the Northwest corner of the Isaac Briggs Donation Land Claim No. 83; Thence North 89057'00" East 209.09 feet to a point; Thence South 00001 '00" West 151.07 feet to a 5/8 inch rebar, passing a 5/8 inch rebar at 0.67 feet; Thence South 89058'09" East 209.09 feet to a 5/8 inch rebar; Thence North 00001 '00" East 151.00 feet to the point of beginning. 2.0) The existing easements owned by the City of Springfield are as follows: 2.1: A sanitary sewer easement recorded April 25, 1949, in Book 394, Page 367, Lane County Deeds and Records, Lane County, Oregon (LCDR). 2.2: A sanitary sewer easement recorded July 24,1947, in Book 352, Page 313, LCDR. (This easement is identical to the easement described in 2.1 above.) 2.3: A sanitary sewer easement recorded August II, 1947, in Book 353, Page 509, LCDR. 2.4: A sanitary sewer easement recorded November 10, 1955, on Clerk's Reception Number 70405, LCDR. 3.0) The location of the existing easements over the lands described in paragraph 1.0 above are as follows: . 3.1: Easement 2.1: The northern 184 feet ofthe following described property; Date Received: SEP 2 4 2009 Page 1 of 3 Final Submittal tJ;e. e. e COUNTY OF LANE) BE IT REMEMBERED, that on this 19- day of ~W ,2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Kit Wah Chan. Member. Kit & Karen Chan Familv. LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and a~fixed m official seal the day and year a ove wn elltFICIALSEAL ~ ~ RHONDA LYNN COTTRELL . . . . NOTARY PUBLIC. OREGON fj!./l COMMISSION NO. 437862 . MY COMMISSION EXPIRES MAY 15. 2013 . N ry Public or Oregon My Commission Expires CITy'OF SPRINGFIELD: City Manager STATE OF OREGON) SS COUNTY OF LANE) BE IT REMEMBERED, THAT on this _ day of , 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named ,and acknowledged to me that he is the City Manager of the City of Springfield, Oregon, and that the foregoing instrument was executed by him voluntarily for and on behalf of the City of Springfield for the uses and purposes therein named. Notary Public for Oregon My Commission Expires Date Received: Page 3 of 3 SEP 2 4 20m "". c..... " .,.,.:.;.:.; tJ dt-. r i1l';"l ...,...1...,.1..... .~___~.._,...~.~~_.__. V:\Projects\2008\II82\ Wpdocs\Ease Je!ocate _ combined.doc . . Beginning at a point on North Line ofDLC #83 3833.98 feet East of the northwest comer of DLC #83, thence South, 484 feet, thence N 89057' E, 90 feet, thence North, 484 feet to North line ofDLC #83, thence S 89057' W, 90 feet to point of beginning, all in Lane County, Oregon. 3.2: Easement 2.2: The northern 184 feet of the folloWing described property; Beginning at a point on North Line ofDLC #833833.98 feet East of the northwest comer of DLC #83, thence South, 484 feet,.thence N 89057' E, 90 feet, thence North, 484 feet to the North line ofDLC #83, thence S 89057' W, 90 feet to point of beginning, all in Lane County, Oregon. . 3.3: Easement 2.3: The northern 184 feet ofthe following described property; Beginning at a point on North Line ofDLC #83, 3805.41 feet East of the northwest comer of DLC #83, thence S 230 W, 184 feet, thence S 89057' W, 48 feet, thence S 230 W, 300 feet, thence N 89057' E, 167 feet, thence N 230 E, 484 feet, thence S 89057' W, 119 feet to point of beginning, all in Lane County, Oregon. 3.4: Easement 2.4: A 10 foot wide easement, 5 feet either side of the following described centerline: Beginning at a point 178.52 feet South of a point on the North Line ofDLC #83, Tl7S, R3W, \Y.M. Said point being 18.54 feet North and 3715.81 feet East of the N.W. comer of said claim. Said point of beginning being also on the west line of the property recorded on Page 472, Vol. 200, Deed Records of Lane County, Oregon; thence N 830 15' E, 119.83 feet to the east line of the above described property. 4.0) The new locations for the above described easements are as follows: 4.1 Easements 2.1 and 2.2 shall be relocated to the following location: The eastern 16.00 feet, excepting therefrom the easternmost 2.00 feet, of DEED A, described in paragraph 1.0 above. 4.2: Easements 2.3 and 2.4 shall be relocated to the following location: The southern 9.00 feet of DEED A, described in paragraph 1.0 above. 5.0) The Grantee shall relinquish, release and disclaim all claims to those portions of the existing easements as described in paragraphs 3.0 thru 3.5, above. . 6.0) The Grantor does hereby give and grant unto the City of Springfield the relocated sanitary sewer easements as described in paragraphs 4.0 thru 4.2, above, to have and to hold the relocated sanitary sewer easements to the said Grantee, its successors and assigns forever. rantor above named has hereunto set their hand and seals this ,2009 STATE OF OREGON) SS Page 2 of 3 Date Received: .l8i.2(1;"1 Planner: AL :'I . 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U i "-- ~ 2 U1 ~'" ~, ~ U Q,) :!i 0 .3~~ t .$ 6 'O+' @ D ~ 'J"~ ~ \.!I r-- ..3 HUl ~~ ~ ~ r--~ '-' k ~ ~ E'" 5 ~!!l ~ E 10 ~ ~ ro :g ~~+' ~~ IU ~A Jl{',~ ~ g:; 5. o:i1 8. J!l ~ L .!!l..1l e ti1ro.2. <(co 0... . Date Received: Planner: AL o/l'ljJ-1 i G o ~ ;: ~ u o ~ 5 .. 1 ~ L ~ Ii l: ~ L ~ ~ . E ~ o Ul UI i> " " m " " ~ :il<Jl "'* ,,] 01J 8~ -~ ClB. OL N.2. \:I~ - . ...~U) ~ 'I........ 9.... L~ ~ 83: ~ -" ' '" 10 01 ~~ 8N 0... 8..... 'J"9 ~~~N~~13 i: ]~5 ~~ -SJ!O U ~ '0 ci Ql 0 -g z .3:B +' 6 6 c "lJ 0] a, ~i5. ~t. ~5 j~ '" m 2: ,,' :! ~3: 0-" fl~ m~ ~ -,,0 S 5' o 5-r ..Jl 100 L.o~ .2.+'-;: "E~ ~.!! 'U o~ B. a> 0- ~ ~ n{ Qe"",ax,NCo EXHIBIT OF EAeEMENT5 0 ~ -ll ~ C14AN DEVELOPMENT 0 J: ~ 8 ~ ENGINEERING, lAND SUIMYING. BUILDING DESIGN z " ~ z 5PRINGFIELD, OR ~ 0 ~ 806 N. NlI/1I! SlllEET OOJTAGE ~ OREGON 97424 I m ~ w ~ ~ I D lEliPHONE- (541) 942-0126 fAX- (541) 942-7935