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HomeMy WebLinkAboutPermit Easement 2007-3-28 .. . . Division of Chief Dep~lerk Lane Counly Deeds and~rds r AFTER RECORDING RETURN TO: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 1111111111111111111111111111111111111111111111 l 18947482007002 l5330020037 . 03/28/2007 08:13:01 AM RPR-ESMT Cnl=l Sln=l CASHIER 05 . . . $15.00 $10.00 $11.00 19191 \ 'j.\J . DECLARATION OF VARIABLE WIDTH PRIV ATE UTILITY EASEMENT ~ 2001-020oJJ $36.00 , # , , This Declarati.on of Easement is made and entered .on this ~ or" ^",,,,r& 2007, by Alberts Develooment. L.L.C.. (hereinafter referred to as "Declarant"). RECITALS: A. Declarant IS the owner .of Lots 126, 129, ri30" 139, 141 and 143 of MOUNTAIN GATE . 2ND ADDITION, as' platted and recorded 1U\arl"..h 7.9. 2007, Reception No. . 2Do,- 2.DS2.1 . 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 inspecti.on of private utilities, as shown on Exhibit "A" attached hereto and incorporated herein. 2. The easement includes all rights of ingress and egress to and from the real estate necessary for the use, enjoyment, operation and maintenance of the easement. hereby granted and all rights and privileges incident thereto. 3. No improvements of a permanent nature, including but not limited to buildings, shall be constructed .over, upon, 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 responsibility .of the owners of Lots 126, 129, 130, 139, 141 and 143 of said MOUNTAIN GATE 2ND ADDITION, t.o share and share alike. .' F:\PR.oJECfS\3286 . MountaingatelC.oRRESPONDENCElPhase 3BlEsmt.Pvt.Utility.139.l41.l43.doe Page I of3 " . . 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. f.fu~eJJ~~t.kRail bind and inure to the benefit .of, as the circumstances may require, . not .only the parties hereto but also their respective heirs, execut.ors, administrators, assigns, and success.ors in interest. IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed on the day and year first written ab.ove. ~~ Todd Alberts, Manage STATE OF OREGON, C.ounty of Lane) ss. This instrument was acknowledged before me on /1IJ // /7._~ 2. 1 _ 2007, by Todd Alberts. as manal!er .of Alberts Devel.ooment. L.L.C.. on behalf of the c.ompany. .1.__'___'..'. I) OFFICIAL SEAl -. LOREnA S CHAPMAN ~.: NOTA.~,{ PUSUC-OREGON ;~ CO:,!MISS!ON NO. 399211 MY COMMISSION EX;:;RES f.JOV. 30, 2009 '\/1~Jr1/!A,~ N;;-WY Public for Oregon / My commission expires: II /3?' /C/ / /' F:\PROJECfS\3286 . Mountaing.teIC.oRRESP.oNDENCElPhase 3BlEsml.Pvl. Utility.139.l41.l43.doe Page 2 of3 . ' . . ., i. , EXHIBIT ':4" MOUNTAINGATE 2ND ADDITION . . . . . . . . . . . . ... ~ .. -..... ..-.... .--.."- , Z . ~: \ - / ". / ').54' 138 20329 SF 130 F:\PR.oJECfS\3286 . MountaingatelC.oRRESPONDENCE\Phase 3BlEsmt.Pvt. Utility.139.14l.143.doe Page 3 of3