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Home My WebLink AboutMiscellaneous Applicant 12/8/2021Lane County Clerk Lane County Deeds and Records RPR-ESMT Cnt=2 Pgs=3 Stn=1 CASHIER 05 $5.00 $15.00 $10.00 $11.00 061'00 2021 iltultl[[xltffillfltttllllililillil [lll $1.2.. 01tO5l2O22 O2:05:o3 PM 2022-000619 After recording, return to: Jessica Riggens 985 Hughes St. Eugene, OR 97402 DECLARANT: 404 l8thLLC EFFECTIVE DATE: JOINT ACCESS AND UTILITY EASEMENT MAINTENANCE AGREEMENT 6 RECITALS A. Declarant is the owner of certain real property described as Parcel 1 and Parcel 2 (collectively , the "Parcels ),Land Partition Plat No.-P,3os,t3 ,as platted and recorded in the Lane CountY Official Records on 61,trtlr?(T 202\ RecePtion No.202L 000b1$(the "Plat") located in Lane CountY, Oregon. driveway. B.InanticipationoffutureseparateownershipoftheParcelsandincompliancewiththe conditionsofCityofSpringfieldCaseNumberSll.19-000297-TYP2,Declarantdesiresto provide for the shared u.. inO maintenance of the concrete driveway within the 16'00 foot .RIVATE J.INT AccEss AND urILITy EASEMENT created by and shown on the Plat (the ..Driveway"), and th; l' x 45' infiltration strip within the Driveway acting as the stormwater treatment facility lthe .storm water Faciiity"; ior the stormwater runoff generated by the shared EASEMENTS Now, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Declarant declares as follows' 1. ' L'ach Parcel owner shall have the right to the shared use of the Driveway for access 6:u'd f'o* such owner's Parcel' The owners of the parcels shall share equally in the "o.t "oi uny maintenanc., .epui. and replacement of the DrivervaY- 2.UseandMaintenaqceoftheStgrmYaterE?cilifY.TheownersofParcellandParcel 2 sha, have the .igrffirtu."d .rr" orffifr wut"r Facility for treatment of stormwater runoff from that n"#;""iil ;";;l ;.";r, Jrir.located on the individual parcels' The owners of parcel 1 and p".."r-z shall maintiin ,r.," Storm water Eacility in compliance with the Operations ur',a fufuili*u*" pt* on nf" *itftthe City of Sp;"gneli and shall share equally in the cost oranv -;;;;;;;"' "pui' "td;;i;;;ment of the Sform water Facilitv' >a&r*tBo_ 3.__ Restriction. No party may construct any structure in the 16.00 foot PRIVATE JOINTACCESS AND UTILITY EASEMENT or obstruct access to the 16.00 foot PRIVATE JOINTACCESS AND UTILITY EASEMENT for the purposes contemplated in this Agreement, except as temporarily necessary in the case of an emergency. l' Ipdemnitv' The owlers of the Parcels indemnify, defend and hold each other harmlessfrom and against all claims and losses arising out of or resulting from the indemnifying party,suse of the Driveway or the Storm Water Facility. 5' Notices' All notices required or permitted to be given shall be in writing and shall bedeemed given and received on personal service or deposit"in the United States Mail, certified orregistered mail, postage prepaid, return receipt requesied, addressed to the owner of the relevantproperty at the then-current address for such owner shown on the Lane county Assessor,srecords' Such addresses may be changed by written notice, given in the same manner. Notice f#"r}}il|ffi::iJ}ft*llhe mirner set rorth above shatt ue errective when received by 6' Recording' Declarant shall promptly record this Agreement in the Official Records ofLane County. 7' Attornev Fe.es' If litigation is instituted with respect to this Agreement, the prevailingparty shall be entitled to recover from the losing dy, l, addition to ail other sums andallowable costs' its reasonable-attomey fees, both i, p*p"."tlon for and at trial and any appeal orreview, such amount to be set by the cturt before *ni.n'tfr. ratter is heard. 8' Bindine Effect' The covenants and restrictions contained herein run with the parcels,including any future subdivision o.punition thereof. itir'agr."ment shall be binding on andinure to the benefit of the parties una trr.i, respective heirs, successors and assigns of the interestin the Parcels' Declarant intends ,rrit- ag..;ment to .*tinu. and not merge and to remainappurtenant to and to benefit the parcels. ?' No waiver' Granting a waiver or failing to enforce a- covenant or restriction contained ffl:1il:r",X.;:ffi1:J:rrances sharr not constitute a waiver of th. .Gili;;ffi; a covenant or l0' Governine L.aw:, Inlerpretgqgn, lhis Agreement shail be governed by the raws oforegon.Ifacourtor.o.pGffion't,olo,In/;;;.!ofthisAgreementtobevoidor unenforceable as written, tire Deciaranf arra tn. o*rr..! ;iil parcers intend that (1) that portion [iH*?;#',li,h;*'.':,:".i[textent p;;;;;'L] ru*, ."J izi,i,.'u'urun." or tm, ll' Amendments' Any modifications, changes, additions, or deletions to this Agreementmust be approved by both tir. o*n"., of at of ,n."p"*.fr,l,,, "ririrg. l,,,,,",ffi.ITJ"i,-il,J:il#:?:fliH1i^greementshallterminateonlyupon Executed as of the day and year first above written. DECLARANT: 404 ISth LLC By: Member 8th, LLC STATE OF OREGON County of Lane on llrB.rnb{A-Fi .2021, personally appeared the above-named, Jessica Riggen, being known to me or proven to me by satisfactory evidence to be the same p.erson who executed the foregoing instrument, in her authorized capacity as a Membe r of 404 l8th, LLC and she acknowledged the same to be her voluntary act and deed. Before me: Jr ) ) ) SS. I .1.:r' Ir. rl.,;!lt:f in i'(l -':) '.. '., ;:1.;.1 .'4, r.)lli;il,irir ,:i ';r'ii:-.iiii i:O. ugi95J N otary lic for Ore My commission expires: i.tY .i(-1i.1 ,Iri:,,1 ', "-.'.; l:.-r'ii: , lri,l iil,2c.r'i ,,,:... ar j:.:.