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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 Page 2 of 2 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