HomeMy WebLinkAboutEasement APPLICANT 6/12/2008
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After Recording ReturllTo:
David J. Collier
75506 Blue Mt Sch Rd
Cottage Grove, OR 97424
PRE-SUBMITTAL REC'O
JUN 1 2 2008
DECLARATION OF JOINT ACCESS,
MAINTENANCE AND UTILITY EASEMENT
RECITALS:
A) Declarant: Vern W. Benson is the owner of certain real y,vY"';Y more particularly
described as follows: .
Parcels 1,2 andJ of Land Partition Plat No.
in Reception'No.
as recorded
Lane County Oregon Plat Records.
8, Purpose: This Declaration of Joint Access, Maintenance and Utility Easement is
made to specifically provide for:
(I) Access and Utilities to Parcels I, 2 and 3, and any future division of these Parcels.
(2) Maintenance requirements of the Easement, and
(3) Responsibilities for all persons who,are or who may become parties using said
Easement.
WITNESSETH: '
Now therefore in consideration of the foregoing recitals, which are expressly made a part
of this Declaration of Joint Access, Maintenance and Utility Easement, the undersigned
hereby declares as follows:
(I) Declaration of Access and Utility Easement: There is hereby declared, granted,
conveyed and created a perpetual and non-exclusive easement as a means of ingress and
egress to and from Parcels I, 2 and 3. It is further declared and provided that said
Easement may be utilized for the installation and maintenance of such utilities as may be
needed to serve said Parcels. It is expressly understood that no rights outside the
Easement are provided. The Easement is more particularly described as follows:
Beginning at the southeast comer of Parcel I of Land Partition Plat No.
, as recorded in Reception No,
Lane County Oregon Plat Records, thence along the arc of a 270.00 foot radius
curve to the right (the chord of which bears S9"06' 11 "W 26.33 feet) an arc
'-
distance of 26.34 feet; thence West 121.22 feet; thence Noo06'30"W 26,00 feet;
thence East 125.33 feet to the point of beginning.
(2) Extent: The Easement created by this declaration is not personiU or in gross but is
appurtenant to each said Parcel.
(3) Duration of Covenants Binding or Successors and Assigns: The Easement created
by this declaration shall be permanent and perpetual and shall constitute a covenant
running with the land and shall be binding on and inure to the benefit of all heirs,
successors and assigns of said Parcels,
(4) Exclusive: The Easement provided herein shall be exclusive to the owners, heirs,
successors and assigns ( and their guests) of Parcels I, 2 and 3, or any portion thereof and
each shall be entitled to use the Easement for the vehicular and pedestrian access for
which it is provided, The Easement shall not be impeded by any party, and except for
temporary or emergency conditions, no party shall have the right to park, load or unload
any vehicle in the Easement right-of-way.
(5) Maintenance: Any party may cause the Easement right-of-way or any portion
thereof to be maintained or repaired, The party causing said maintenance or repair to be
done shall pay for such work, and other persons using the Easement shall be liable for
contribution based on that party's relative use proportional to the total roadway use. This
payment shall be made in a timely manner, not to exceed 30 days, from the date of receipt
of proof of expense.
(6) Taxes: Real property taxes shall be paid by the owners of the property upon which
the, Easement is located.
(7) Indemnification: Each party shall indemnify and save any other of the parties
harmless from any liability, loss or expenses resulting from that parties agents and
employees, any independent contractor hired by that party, and that parties permitees,
invitees, licensees and guests unless that injury is caused in part by any of the other
parties' failure to contribute to the expenses of maintenance of the Easement.
(8)_ Further Documents: In the event that the any_ of the Parcels requires any further
grants or easements to document and effectuate the Easement created herein, Grantors
each represent that each will execute said grants of easements.
PRE-SUBMITTAL REC'O
, JUN 1 2 Z008
Granted,and declared this
day of
,2008,
,
,
" .
Vern W, Benson
State of Oregon)
ss
County of Lane)
Personally appeared the above named who acknowledged the foregoing instrument to be
his voluntary act and deed.
Granted and declared this
day of
.2008.
Notary Public for Oregon
PRE-SUBMITTAL REC'O
JUN 1 2 Z008
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