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HomeMy WebLinkAboutPermit Easement 2007-3-28 o- f "i -. Division of Chief ~y Clerk Lane County Deeds ~ecords ~~~I.~~~oJJ AFTER RECORDING RETURN TO: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 1111111111111111111111111111111111111 1111111111 $36,00 1Il1ll89'7482111l711l1ll211l53311l1ll211l1ll37 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 ~kiOtjVv\ 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. ( , 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 Page I 00 " t . . . ~ 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. ! J... ~ ,-r9J9-.J 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 '\~~~Jr1/!A,~ d" Notary Public f.or Oregon / My commission expires: /1/3?'/C/ / / F:\PR.oJECfS\3286 . MountaingateIC.oRRESP.oNDENCE\Phase 3BlEsmt.Pvt. Utility.139.141.143.doe Page 2 of 3 r:, ' . . . . EXHIBIT n A" . MOUNTAINGATE 2ND ADDITION . . . . . . . . . . . . . . ~ ................. -"'- ~ Z~: - I 18.64' 130 I 138 20329 Sf / h~ II .4 / / / ( 140 I 10390 SF < " / ..~ \ / F:\PR.oJECfS\3286 . MountaingatelC.oRRESPONDENCE\Phase 3BlEsml.Pvt.utility.139.141.143.doe page3 of 3