III. After Recording Return To: City of Albany City Clerk. Recording Cover Sheet All Transactions, ORS:

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1 RESOLUTON NO A RESOLUTON ACCEPTNG THE FOLLOWNG EASEMENT: Grantor Purpose Glorietta Bay, LLC A variable -width sanitary sewer and storm drainage easement over existing sewer and storm drainage lines. n conjunction with the release of 370 feet of a 420 foot wide sewer easement. NOW, THEREFORE, BE T RESOLVED by the Albany City Council that it does hereby accept this easement. DATED AND EFFECTVE THS 14TH DAY OF OCTOBER Mayor ATTEST: City Clerk City of Albany - Public Works Department

2 LNN COUNTY Recording Cover Sheet All Transactions, ORS: After Recording Return To: City of Albany City Clerk i ' i li l E l 002 E Ve nty Ot e' ' n Couniy c: jefk of urin that the st, urnent certify herein as ecol deb ir, t1h. Clerk ef 11fied he, / 19/ : 57: 57 PV Cle K c 101M., W] Albany, OR All Tax Statements Should Be Sent To: City of Albany 1. Name/Title of Transaction - by ORS ( a) Easement Easement for for Public Public Sanitary Sanitary Sewer Sewer and and Storm Storm Drainage Drainage Grantor/ Grantor/ Direct Direct Party Party - - required required by by ORS ORS ( 125( 1)( 1)( b) b) and and ORS ORS City City of of Albany Albany Albany Albany OR OR Grantee/ Grantee/ ndirect ndirect Party Party - - required required by by ORS ORS ( 125( 1)( a) a) and and ORS ORS Glorietta Glorietta Bay, Bay, LLC LLC True True and and Actual Actual Consideration Consideration ( ( if if there there is is one), one), ORS ORS

3 EASEMENT FOR PUBLC SANTARY SEWER AND STORM DRANAGE THS AGREEMENT, made and entered into this / t day of O C, 2015, by and between Glorietta Bay, LLC, hereinafter called Grantor, and the CTY OF ALBANY, a Municipal Corporation, herein called " City." WTNESSETH: That for and in consideration of the total compensation to be paid by the City, the grantor has this day bargained and sold and by these presents does bargain, sell, convey, and transfer unto the City of Albany, an easement, including the right to enter upon the real property hereinafter described, and to construct, maintain, and repair public sanitary sewer and storm drainage lines for the purpose of providing sanitary sewer and storm drainage lines over, across, and through the lands hereinafter described, together with the right to excavate and refill ditches and /or trenches for the location of the said public sewer and storm drainage and the further right to remove trees, bushes, under- growth, and other obstructions interfering with the location and maintenance of the said public sewer and storm drainage lines. This agreement is subject to the following terms and conditions: 1. The right -of -way hereby granted consists of: A variable -width sanitary sewer and storm drainage easement over existing sewer and storm drainage lines. n conjunction with the release of 370 feet of a 420 foot wide sewer easement.. See legal description on attached Exhibit A and maps on attached Exhibit B and Exhibit C. 2. The permanent easement described herein grants to the City, and to its successors, assigns, authorized agents, or contractors, the perpetual right to enter upon said easement at any time that it may see fit, for construction, maintenance, evaluation and /or repair purposes. 3. The easement granted is in consideration of $1. 00, receipt of which is acknowledged by the Grantor, and in further consideration of the public improvements to be placed upon said property and the benefits grantors may obtain therefrom. 4. The Grantor does hereby covenant with the City that they are lawfully seized and possessed of the real property above - described and that they have a good and lawful right to convey it or any part thereof and that they will forever warrant and defend the title thereto against the lawful claims of all persons whomsoever. 5. Upon performing any maintenance, the City shall return the site to original or better condition.

4 N WTNESS WHEREOF, the Grantor has hereunto fixed their hand and seal the day and year written below. nx c"' Glorietta Bay LLC Scott Lepman, Managing Member STATE OF OREGON ) County of Linn ) City of Albany ) ss. The fore oi.ngg instrument was acknowledged before me thia day of g lyklmboy 2015, by Scott Lepman, Managing Member, as a representative of Glorietta Bay, LLC, as his voluntary act and deed. OF STAMP TONA NELLANE MCOA NOTARY PUBLC - OREGON COMMSSON NO MY COMMSSON EXPRES JUNE 17, 2019 CLp' Urry Public for Oregon My Commission Expires: Zi Ly2 _ k-4, r2raq CTY OF ALBANY: STATE OF OREGON ) County of Linn ) City of Albany ) ss., Wes Hare as City Manager of the City of Albany, Oregon, pursuant to Resolution Number , do hereby accept on behalf pf the City of Albany, the above instrument pursuant to the terms thereof this 16 day of 0 G 0 b C v City Manager s x City Clerk G. G. ( ( Public Public FVorkslEngine FVorkslEngineeringlLegalWasernentl2015eringlLegalWasernentl2015 EasemenislGlorieifaBay EasemenislGlorieifaBay Seu Seu erand erand Stonn. Stonn. gps. gps. doc doc

5 Exhibit A PUBLC UTLTY EASEMENT An area of land in the Northwest 1/ 4 of Section 18, Township it South, Range 3 West, Willamette Meridian, City of Albany, Linn County, Oregon being more particularly described as follows; Beginning at a point bearing South 42607' 05" West feet from the Southwest corner of Foxwood Subdivision in the Northwest 1/ 4 of Section 18, Township 11 South, Range 3 West, Willamette Meridian, City of Albany, Linn County, Oregon; thence South ' 14" East feet; thence South 87029'20" West feet to the East right -of -way of Ferry Street; thence along said right -of -way North 41 24' 16" West feet; thence South 89133'20" East feet; thence North 87029' 20" East feet to the point of beginning. REGSTERED PROFESSONAL LAND SURVEYOR OREGON JAN. e, 2007 DERON M. CRAWFORK

6 EXHBT " B" SANTARY SEWER & STORM DRAN EASEMENT S42 07'05 "W ' FD. 5/ 8". R. W/ YPC MOORS" SW CORNER LOT 12 S89 33'20 "E N87 29'20 "E ' PONT OF BEGNNNG { N41 24'16 "W 46.00' S87 29' 20 "W ' ` S " E ' PRELOCATED EASEMENT FD. 5/ 8". R. W/ RPC PARCEL 1 PP W t s REGSTERED PROFESSONAL LAND SURVEYOR DERONRA EXPRES: wford -- CAND SURVEYNG 1055 ARWAY ROAD, BLDG B PO BOX 2385, LEBANON, OREGON PH: ( 541) FAX: ( 541)

7 U o CO ro Location - 0 Or Con \errd. sa \eill F o 4e e CO U EXHBT C 11 SOM 8BD A variable width sanitary sewer and storm drainage easement over existing sewer and storm drainage lines. ca E116gson Rd,--, 1 CL ara;u) hic nformation Sei rfce An... /, ban4 L: \richardm\. mxd