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HomeMy WebLinkAboutBuilding Notice 2008-6-18 ) C>f' 1'706'6 MV RETURN TO pASCAO~ TITLE CO DECLARATION OF PRIVATE MAINTENANCE AGREEMENT lo010 Grn'f*~ DIvIsion of Chief Deputy Clerk Lane County Deeds and Records 2~~~.~JJ9/5 ~fm~J UJlt~WlW5~W~Jl~III""1111 $31,00 RPR-AGRE Cnt=1 Stn_-6 06/1812008 09:56:56 AM CASHIER 07 $10 00 $10 00 $11 00 , , ~ '. RECITALS SunTrust Land Company, LLC (SUNTRUST) IS the owner of the following descnbed real property located tn the SW 1/4 of Section 34 located In Township 17 South, Range 2 West of the Willametle Mendlan, to wit Lots 5,6 & 7, MountalnGate West, recorded November 9,2006, Document No 2006-080817, Lane County Deeds and Records, In Lane County, Oregon DECLARATION OF MAINTENANCE AGREEMENT: 1 Aareement Created SUNTRUST hereby creates a perpetual Maintenance Agreement to augment that certain 140 foot Pnvate Ubhty Easement across Lots 5 and 6 of MountalnGate West to serve Lots 5, 6 & 7, MountalnGate West as shown on Page 7 of 10 of MountalnGate West and created per the Declarabon on Page 10 of 10 of MountalnGate West being for the mutual exclUSIVe use of said Lots 5,6 & 7, MountalnGate West The eXIstIng Pnvate Ubhty Easement IS shown on attached Exhibit "A" 2 Purno~ The Maintenance Agreement IS created to allow construction, maintenance, use and repair of pnvate underground ubltbes necessary to serve Lots 5, 6 & 7, MountalnGate West Satd ubltbes Include, but are not hmlted to sanitary sewer and stenn dratnage 3 Use of Burdened Prooertv The owners or occupters of the properbes affected by the Maintenance Agreement shall have the nght to use their property, Includtng the area descnbed as the easement, for any purpose as long as the owners or occupiers do not Interfere WIth the use of the easement as granted by thtS tnstrumenl 4 Maintenance and ReoaJrs The cost of any matntenance or repaIr of the area WIthin the easement shall be apporboned between the owners of said Lots 5, 6 & 7, MountalnGate West, proporbonate to each party's use of the """'....." .ant 5 Successors tn Interest The provtslons of thiS Instrument touch and concern, and relate to the use of said Lois 5, 6 & 7, MountatnGate West, and are Intended to be covenants and restncbons running WIth the land After recordIng return to SunTrust land Company, LLC, 61878 Bunker HIli Court, Bend, OR 97702 Private Maintenance Agreement - Page 1 ). \ , i' All provIsions of thiS Instrument, Including the benefits and burdens. are binding and enure to the heirs, successors, assigns, transferees, and personal representabves of all parttes who own any of the aforemenboned tracts ~ Dated thiS \ ~ - day of "'3' v..~ ,2008 --' ---- --:::::.--=---- Mark Vukanovtch, Member SunTrust Land Company, LLC ~ STATE OF OREGON ) )ss County of Lane ) On to 11 ~ ( , 2008, before me, personally appeared Mark Vukanovlch acttng In hiS capacity of Member, SunTrust Land Company, LLC. known to me (or proved to me on the basts of satisfactory evtdence) to be the person whose name IS subscnbed to the within Instrument and acknowledged to me that by hiS srgnature he has executed the Instrument as hiS voluntary act and deed Witness my hand and offiCIal seal (I) OFFICIAL SEAL ANN POSEN IlOMY PUBLIC -ORElllllI COMMISSION Nil A416400 IIrCOMMlSSlON ElIPIRES MM 13, 2011 c~? Notary Public for Oregon My CommiSSion Expires -------- oS /13.//{ Private Maintenance Agreement - Page 2