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HomeMy WebLinkAboutPermit Miscellaneous 2007-3-28 If . Division of Chie~pulY Clerk Lane Counly Deed~d Records '2001.~2~~33 1111111111111111111111111111111111111111111111111 $36,00 00894748200700205330020037 03/28/200708:13:01 AM RPR-ESMT Cnl=l Sln=l CASHIER 05 . ' $15.00 $10,00 $11,00 lelAD DECLARATION OF VARIABLE WIDTH PRIVATE UTILITY EASEMENT WV\ ... c;K'- qrJ2, s L/l This Declaration of Easement is ,made and entered on this z.&I"o of ~;'I.rt'.L. 2007, by Alberts Develooment. L.L.C.. (hereinafter referred to as "Declarant"). AFTER RECORDING RETURN TO: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 RECITALS: A, Declaranl IS the owner of Lots 126, 129, 130, 139, 141 andJ43 'of MOUNTAINGATE 2ND ADDITION, as platted and recorded IV\arLh 7,9, , 2007, Reception No. 2Do'7 - 2.D$71 Lane County Official Records, B. Declarant desires to create a variable width easement over a portion of said Lots 126, 129, 13'9; 141 and 143 for the purpose of private utilities for the benefil 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 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 peImanent nature, including but not limited to buildings, shall be constructed over, upon, or across 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 MOUNTAINGATE 2ND ADDITION, to share and share alike, . . F:\PROJEcrS\3286 ' Mountaingate\CORRESPONDENCE\Phase 3BlEsml.Pvl.U.i1ity,139,14I,143,doc Page 1 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 d~age at their sole expense. . j.J1J!ts a~~nb~all bind and inure to the benefit of, as the circumstances may require, not only the parties hereto but also their respective heirs, executors, administrators, f'Q) 2 .Mr~.j~.successors in interest. 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///2-~ 2.1 ,2007, by Todd Alberts. as manal!er .of Alberts Develooment. L.L.C. . on behalf of the company. , .'\7f~Jr1/!A,~c--d--. Nowy Public for Oregon / My commission expires: 11/3?'/c/ / /' ....if!-..... . LOR:t;;:~~"fI;MAN .~ NOTAH'/ PUEiUC-OREGON ..... CQ!JMISS!ON NO. 399211 MY COMMISSION EX?:RES f.IOY. 30, 2009 F:\PROJECfS\3286 . MountaingateICORRESPONDENCE\Phase 3BlEsmlPvt. Utility.139.141.143.doe . Page2of3 , . . EXHIBIT ':4" . MOUNTAINGATE 2ND ADDITION , . . . . . . . .. . . . . ~ ..... '-'''. ( Z~: - 18.64" '. / 1/ .~ t} 4 / / / / / ( 140 I . 10390 SF < " / 138 ~ 20329 Sf \ 130 F:\PROJECfS\3286 . MountaiogateICORRESPONDENCE\Phase 3BlEsmt.Pvt. Utility.139.141.143.doe Page3 of3