HomeMy WebLinkAboutEasement APPLICANT 7/7/2011 • •
Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield,OR 97477
DECLARATION OF PRIVATE JOINT USE ACCESS AND
PRIVATE UTILITY EASEMENT
The true and actual consideration for this declaration is other than monetary.
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RECITALS:
I) OBO ENTERPRISES, LLC, Grantor, is the owner of the lands that are conveyed in those
Individual Bargain and Sale Deeds that were recorded December 29, 1998 on Reel 2499R
as Instrument 98103904 and January 7, 2003 at Recorder's Number 2003-001547 in the
Official Records of Lane County, State of Oregon.
2) The owner is constructing new improvements on the lands.
3) The owner desires to create casement rights and define maintenance responsibilities on
certain areas and facilities for the benefit of future owners of the lands as described
below.
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DECLARATION OF EASEMENTS:
A) Easement Location: The southerly 12.00 feet, by perpendicular measurement, of the
lands described as in Exhibit_of that Property Line Adjustment Deed
recorded on , 2011 at Recorder's Number 2011- in the
Official Records of Lane County, State of Oregon and the northerly 12.00 feet, by
perpendicular measurement, of the lands described as in Exhibit of said
Property Line Adjustment Deed.
B) Easement Rights Created: OBO ENTERPRISES, LLC hereby creates a perpetual
easement for the benefit of said lands described as and
for private joint-use access purposes.
C) Easement Rights Created: OBO ENTERPRISES, LLC hereby creates a perpetual
easement for the benefit of said lands described as and
for private utility purposes.
D) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
E) Use of the Burdened Property: The owners or occupiers of the lands affected by
this casement shall have the right to use their property, including the area described as the
casement, for any purpose as long as the owners or occupiers do not interfere with the use
of the casements as granted by this instrument. No vehicle parking or storage of vehicles
shall be allowed by any party within the easement area, including the agents, employees,
tenants, and invitees of said owners.
F) Maintenance and Repairs: The cost of any maintenance or repair of the drive surface
and/or subgrade improvements within the easement area shall be split equally between
the owners of said lands described as and . The
cost of any maintenance or repair of non-shared private utilities lying within the easement
area will be the responsibility of the owner of the respective facility. The cost of any
maintenance or repair of shared private utilities within the easement area shall be split
equally between the owners of said lands described as and •
G) Successors in Interest:The provisions of this instrument touch and concern, and relate to
the use of said lands described as and and are
intended to be covenants and restrictions running with the land. All provisions of this
instrument, including the benefits and burdens, are binding and inure to the heirs,
successors, assigns, transferees, and personal representatives of all owners of any of the
aforementioned lands.
DECLARATION OF PRIVATE JOINT-USE ACCESS AND
PRIVATE UTILITY EASEMENT
Page 1 oft . 7 7 'Zdll
Date Received:
Planner: SH
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IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE
ACCESS AND PRIVATE UTILITY EASEMENT on this day of
, 2011.
GRANTOR NOTARIZATION
Grantor: OBO Enterprises, LLC
Signature:
Printed Name:
Title:
STATE OF )
)ss
County of )
On this day of , 2011, before me personally appeared
as the of OBO Enterprises, LLC
and acknowledged the foregoing instrument to be his/her voluntary act and deed.
Notary Public Signature
DECLARATION OF PRIVATE JOINT-USE ACCESS AND
PRIVATE UTILITY EASEMENT
Page 2of2 7 I -7 f �)
Date Received:
Planner: SH