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HomeMy WebLinkAboutEasement APPLICANT 6/12/2008 '.' 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 ~