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HomeMy WebLinkAboutAgreement APPLICANT 8/27/2007 . . ,.. 1 "\.1 . GRANT OF EASEMENT AND MAINTENANCE AGREEMENT For value received, receipt of which is hereby acknowledged, COREY DEVELOPMENT, LLC, (Grantors), hereby grant, transfer and convey to COREY DEVELOPMENT, LLC (Grantees), a perpetual nonexclusive easement to use a strip ofland twenty feet (20') wide described as follows: Refer to attached Exhibit 'A' 1. This easement is not personal or in gross but is to be appurtenant to each and every portion ofthe following property owned by Grantee: Lots 16 and 17 of LEGACY ESTATES SUBDIVISION, as platted and recorded in Reception No. 2007- , Lane County Oregon Deed Records, and also including Parcell of Land Partition Plat No. 92-P0235, as recorded in Lane County Survey File No. 30688, Lane County, Oregon. 2. This easement is granted over and across property owned by Grantors in Lane County, Oregon, described as follows: Lots 16 and 17 of LEGACY ESTATES SUBDIVISION, as platted and recorded in Reception No. 2007- Lane County Oregon Deed Records, Springfield, Lane County, Oregon. 3. This grant is made upon the following terms: 3.1 (Grantees are granted the right to use the twenty foot (20') e~senient strip, including the existing concrete driveway, as a means of ingress and egress to and from the land described in paragraph I, or any portion thereof. Grantees are further granted the right.to use the described strip for the installation and maintenance of such public utilities as may be needed to serve the property described in paragraph 1, or any portion thereof. 3.2 Grantor and Grantees shall at all times hereafter jointly maintain the easement property and driveway in a condition as good as its present, paved condition. The cost of such maintenance and repairs shall be paid by Grantors and Grantees in proportion to their use. . Each respective property owner shall pay the real property taxes on the easement strip. AFTER RECORDING RETURN TO: Goebel Engineering & Surveying, Inc. 310 Garfield Street Eugene, OR 97402 SEND TAX STATEMENT TO: David Corey 3956 Mirror Pond Way ~ Eugene, OR 97408 ~ / 21 ~o { Oate Reeelved:-. 0 Planner:' 'J \ck3 Paw' M:\CHents\A" C\Corey\1 ACTIVE\Legacy Estates (02414}\Access Easement lots 15-17 7.07.wpd . . ~ 3.3. ~.i 3.4 Grantors shall, at all times and without restriction, have the right to use the easement property and driveway for purposes not inconsistent with Grantee's full enjoyment of the rights herein granted. This grant of easement shall run with the land and shall be binding on and shall inure to the benefits of Grantors and Grantees, their heirs, successors or assigns. The true consideration for this easement is $0.00. STATE OF OREGON COUNTY OF LANE } SS ,I BE IT REMEMBERED that on thi~ay of July, 2007, before me, the undersigned, a notary public in and for said County and State, personally appeared the within named David S. Corey as Member of COREY DEVELOPMENT, LLC, whose identity was proved to me on the basis of satisfactory evidence , and who executed the within instrument and acknowledged to me that he/she executed the same freely and voluntarily. , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. . OFFICIAL SEAL PAMELA G GOEBEL NOTARY PUBLIC-OREGON COMMISSION NO. 376213 MY COMMISSION EXPIRES JAN. 12, 2008 My Commission Expires. THIS INSTRUMENT WILL 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 PARTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY USES. 'M:\Clients\A. G\Corey\1 ACTNE\Legacy Estates (2414)\EASMT. LOTS 1~17.vipd :1< . . EXHIBIT 'A' I 'I A PORTION OF PARCEL 2 OF LAND PARTITION PLAT 92-P0235, AS PLATTED IN LANE COUNTY OREGON PLAT RECORDS, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 54.48 FEET WEST OF THE NORTHEAST CORNER OF PARCEL 2 OF SAID LAND PARTITION PLAT 92-P0235, SAID POINT BEING ON THE NORTHERLY BOUNDARY OF SAID PARCEL 2; THENCE FOLLOWING ALONG THE NORTHERLY LINE OF SAID PARCEL 2, WEST 20.77 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, SOUTH 21 052'31" WEST 110.72 FEET; THENCE FOLLOWING ALONG A 48.50 FOOT RADIUS CURVE TO THE RlGHT, AN ARC LENGTH OF 20.16 FEET (THE CHORD OF WHICH BEARS SOUTH 65056'15" EAST 20.01 FEET); THENCE LEAVING SAID CURVE AND RUNNING NORTH 21 052'31" EAST 117.43 FEET; THENCE NORTH 00003'56" WEST 1.93 FEET TO THE POINT OF BEGINNING, CONTAINING 2,288 SQUARE FEET, MORE OR LESS, ALL WITHIN SAID PARCEL 2, BEING IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, SPRINGFIELD, LANE COUNTY,OREGON. . :.~ .......~...,o.'.........-""'".,.,_. REGISTEHED -'(~1 PROFES510i'1.'\.L ~ LAND SURVEYOR ffi, OR ON JULY 6,1981 SCOll J. GOEBEL 280 I R~IIritt.lll.l.l(: CD/Solo'll N;\PUB.DATA\024t4-04\nolcS\PRIVATE ACCESS EASEMENT.wpd