12382233 - Laserfiche WebLink

Home Browse Search

REEL 4642 PAGE 38 MARION COUNTY BILL BURGESS, COUNTY CLERK /Return to: 07-13-2022 03:50 pm. V Marion County Public Works Control Number 712141 $ 96.00 Instrument 2022 00030673 5155 Silverton Rd. NE Salem, Or. 97305 EASEMENT, COVENANT AND SERVITUDE WHEREAS PhAt FRE4!%e5 L.L -("GRANTOR") is the owner of the following two lots (or parcels) of real property located in MARION County, Oregon: Lot 1 A portion of Lot 45, Block 11, Hammond Addition to Detroit as recorded in Volume 16, Page 22 Marion County Book of Town Plats and better described as follows. Commencing at the Easterly common lot corner of Lots 44 and 45, Block 11, Hammond Addition to Detroit; thence Westerly along the line between said Lots 47.75 feet to the to the true point of beginning; thence parallel to the Easterly line of Lot 45, Northerly 50.00 feet to the Northerly line of Lot 45;thence along the Northerly Line of Lot 45, Westerly 30.00 feet;thence parallel to the Easterly line of Lot 45, Southerly 50.00 feet to the South line of Lot 45; thence along the South line of Lot 45, Easterly 30.00 feet to the Point of Beginning and containing 150 square feet more or less. Lot 2 Lot 44, Block 11, Hammond Addition to Detroit as recorded in Volume 16, Page 22 Marion County Book of Town Plats WHEREAS GRANTOR has applied to the State of Oregon through the Department of Environmental Quality ("State" or "GRANTEE") for a permit to construct an individual onsite wastewater treatment system ("permit") on Lot I intended to serve Lot II; and WHEREAS Oregon Administrative Rules (OAR) 340-071-0130 requires for each lot or parcel different from but under the same ownership as the lot or parcel served, the owner of the property must execute and record in the county land title records, on a form approved by the department, an easement and a covenant in favor of the State of Oregon as a condition precedent to issuance of a permit authorizing the construction.of a system on one lot intended to serve another lot; EASEMENT NOW THEREFORE, in consideration of the issuance of the permit to GRANTOR by the State, GRANTOR hereby conveys to the State, its successors and assigns, a perpetual non- exclusive easement in, upon, and running with Lots I and II allowing the State's officers, agents, employees and representatives to enter and inspect, including by excavation,the onsite wastewater treatment system on Lots I and II. This easement shall be terminated at such time as use of the individual onsite wastewater treatment system has ceased because the structures on Lot II are fully served by an adequate public sanitary sewer system or by another onsite wastewater treatment system located elsewhere. Upon request and a determination that adequate alternative service is available and in use, the State shall execute a recordable document terminating the easement. Page 1 of 3