HomeMy WebLinkAboutPermit Easement 2007-3-28
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Division of Chief ~y Clerk
Lane County Deeds ~ecords
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AFTER RECORDING RETURN TO:
Olson & Morris
380 Q Street, Suite 200
Springfield, OR 97477
1111111111111111111111111111111111111 1111111111 $36,00
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03/28/2007 08:13:01 AM
RPR-ESMT Cnt=l Stn=l CASHIER 05
$15.00 $10.00 $11.00
DECLARA nON OF VARIABLE WIDTH PRIV ATE UTILITY EASEMENT
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This Declarati.on .of Easement is made and entered .on this ~ of "-I,;<,n.L.
2007, by Alberts Develooment. L.L.c.. (hereinafter referred t.o as "Declarant").
RECITALS:
A.
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Declarant IS the owner of Lots 126, 129, 130, 139, 141. and 143 of
MOUNTAIN GATE . 2ND ADDITION, as platted.. and recorded
IV\a.rr..h ? .s;/, 2007, Reception No. U:XJ"7 - 2.DS2f . Lane
County Official Records.
B.
Declarant desires to create a variable width eaSement over a portion of said Lots
126, 129, 139, 141 and 143 for the purpose of private utilities for the benefit .of
Lots 126, 129, 130, 139, 141 and 143 of said MOUNTAINGATE 2ND
ADDITION.
AGREEMENT:
1. Declarant hereby grants, assigns and reserves a perpetual variable width easement
for the installation, repair, maintenance, replacement and inspection of private
utilities, as sh.own on Exhibit "A" attached hereto and incorporated herein.
.. 2. The eaSement includes all rights of ingress and egress to and fr.om the rc;al estate
necessary for the use, enjoyment, operation and maintenance of the easemenl
hereby granted and all rights and privileges incident thereto.
3. No impr.ovements of a permanent nature, including but not limited to buildings,
shall be constructed over, UP.on, or acr.oss said easement.
4. During the existence of this easement, maintenance of the easement and costs .of
repair of the easement, if damaged by natural disasters or other events for which
all holders .of an interest in the easement are blameless, shall be the resP.onsibility
.of the .owners of Lots 126, 129, 130, 139, 141 and 143 .of said
MOUNTAINGATE 2ND ADDITION, t.o share and share alike.
F:\PR.oJECfS\3286 . MountaingatelC.oRRESPONDENCE\Phase 3BlEsmlPvt. Utility.139.141.143.doc
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5.
During the existence of this easement, holders of an interest in the easement who
are. responsible for damage to the easement because of negligence or abnormal
use shall repair the damage at their sole expense.
This agreement shall bind and inure to the benefit .of, as the circumstances may require,
not .only the parties hereto but alS.o their respective heirs, executors, administrators,
,.(}s--i8ns, aT\cj~pcces~ors in interest.
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IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed on
the day and year first written above.
STATE OF OREGON, County of Lane) ss.
This instrument was acknowledged before me on A//A_~. 2. / ,2007, by
Todd Alberts. as manal!er .of Alberts Devel.ooment. L.L.C., on behalf of the company.
....,.~t-!...... . LOR~~n~~"fI;MAN
'.~~~ NOTAq',' PUSUC-DREGON
,... CQUM!SSION NO. 399211
MY COMMISSION EY.i'iRES l'lOV. 30, 2009
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Notary Public f.or Oregon /
My commission expires:
/1/3?'/C/
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EXHIBIT n A" .
MOUNTAINGATE 2ND ADDITION
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18.64'
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138
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