HomeMy WebLinkAboutApplication Applicant 2/13/2024 (4)DECLARATION OF PRIVATE ACCESS
AND STORMWATER EASEMENTS
Page 1 of 2
Recorded at the request of
and after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
Grantor:
Don Horton
780 S 57th St
Springfield OR 97478
Grantee:
Don Horton
780 S 57th St
Springfield OR 97478
DECLARATION OF PRIVATE ACCESS
AND STORMWATER EASEMENTS
The true and actual consideration for this declaration is other than monetary.
RECITALS:
1) DON M. HORTON, Grantor, is the owner of Lot 6, Kylee Meadows as platted and recorded
in the Lane County Oregon Plat Records.
2) The owner is dividing said real property into three parcels as shown on Land Partition Plat
No. 2024-P as platted and recorded in Lane County Oregon Partition Plat
Records.
3) The owner desires to create easements and define maintenance responsibilities on certain
areas and facilities for the benefit of future owners of the parcels as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: DON M. HORTON hereby creates a perpetual easement for the
benefit of Parcels 1, 2 and 3 over that certain area designated as “7.00 PRIVATE JOINT
USE ACCESS EASEMENT” on said partition plat as said easement lies in Parcels 1, 2 and 3
for private access purposes.
B) Easement Created: DON M. HORTON hereby creates a perpetual easement for the
benefit of Parcels 1, 2 and 3 over that certain area designated as “6.00 PRIVATE
STORMWATER DRAINAGE AND FACILITY EASEMENT” on said partition plat as said
easement lies in Parcels 1, 2 and 3 for private stormwater treatment, conveyance and disposal
purposes.
C) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
D) Use of the Burdened Property: The owners or occupiers of the parcels affected by
these easements shall have the right to use their property, including the areas described as the
easements, for any purpose as long as the owners or occupiers do not interfere with the use of
the easements as granted by this instrument. No vehicle parking or storage of vehicles shall
be allowed by any party within the “7.00 PRIVATE JOINT USE ACCESS EASEMENT”
easement area, including the agents, employees, tenants, and invitees of said owners.
E) Maintenance and Repairs: The cost of any maintenance or repair of the driveway and
storm drainage improvements within the easement areas shall be split equally between the
DECLARATION OF PRIVATE ACCESS
AND STORMWATER EASEMENTS
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owners of Parcels 1, 2 and 3. The cost of any maintenance or repair of non-shared private
utilities lying within the easement areas will be the responsibility of the owner of the
respective facility.
F) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of Parcels 1, 2 and 3 of said partition, and are intended to be covenants and restrictions
running with the land. All provisions of this instrument, including the benefits and burdens,
are binding and inure to the heirs, successors, assigns, transferees, and personal
representatives of all owners of any of the aforementioned parcels.
G) Merger: It is understood that this easement is not subject to the Principle of Merger and is
intended to meet the Conditions of Approval for that Tentative Partition reviewed and
approved by the City of Springfield on January 3, 2024 as Case Number 811-23-000264-
TYP2.
IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE ACCESS AND
STORMWATER EASEMENTS on this day of ,
2024.
Don M. Horton
STATE OF OREGON )
)ss
County of Lane )
On this day of , 2024, before me personally appeared Don M.
Horton and acknowledged the foregoing instrument to be his voluntary act and deed.
Notary Public for Oregon