HomeMy WebLinkAboutEasement APPLICANT 6/18/2008
'-'
Division of Chief Depuly Cle~k
Lane Counly Deeds and Reco~ds
~~~~.~JJ~~~
Recorded at the Request of and
After Recording Return To:
1111111111111111'1111111111111111111111111111111 $36,00
01004287200 :0033994002 '02906/18/2008 10:26:30 AM
RPR-ES"T Cnl=2 Sln=6 CASHIER 07 .
$5.00 $10.00 $10.00 $11.00
BetzlEvans Associates
1071 Harlow Road
Springfield, OR 97477
DECLARATION OF PRIV ATE JOINT USE
UTILITY EASEMENT AND MAINTENANCE AGREEMENT
The True and Actual Consideration for this Declaration is other than Monetary.
RECITALS:
I, BetzlEvans Associates is the owner of two adjoining parcels described as Lots 3
and 4, Block I, Farrndale Plat, as Platted and Recorded in Book 27, Page 28, Lane
County Oregon Plat Records, in Lane County, Oregon.
2. The owner desires to crt;ate an easement for the installation and maintenance of
private utilities to serve said Lots 3 andA and any portion thereof.
DECLARATION OF EASEMENT:
A. Easement Created:, Grantor hereby creates a private, non-exclusive perpetual
easement over that certain area described below for private joint utility purposes.
A ten foot wide easement lying within and along the West boundary of Lot 3,
Block I, Farmdale Plat, as Platted and Recorded in Book 27, Page 28, Lane
County Oregon Plat Records, in Lane County, Oregon.
B. Use of the Burdened Prooertv: The owners or occupiers of Lot 3 affected by
this easement shall have the right to use their property, including the area described as the
easement for any purposes as long as the owners or occupiers do not interfere with the
use of the easement as granted by this instrument.
C. Maintenance and Reoairs: The'cost of any maintenance or repair of private
utilities that serve only one lot shall be the responsibility of the owner of that lot. Said
owner shall return the easement area to the condition that existed prior to work once said
maintenance or repair has been completed.
D. Successors in Interest: The provisions of this instrument touch and concern,
.and relate to the use of said Lots 3 and 4, 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 enure to the heirs, successors, assigns, transferees,
and persona~ representatives of all owners of any of the aforementioned lots.
. .
IN WITNESS WHEREOF, we have executed this Declaration of Private Utility
Easement and Maintenance Agreement on this t6H'tday ofJune, 2008.
BetzlEvans Associates
LkJ/Q&b~(L () &fz>
Geraldine A. B'etz 0-
--vJ~J~ ~
Michael P. Evans
STATE OF OREGON )
) SS
COUNTY OF LANE )
On June j \{'" , 2008, personally appeared the above named Geraldine A. Betz and
Michael P. Evans, partners ofBetzlEvans Associates and acknowle~ged the foregoing to
be their voluntary act and deed.
(E'
.,s:-~ ',.) (J )
Ck,__ .J!
~-''''---''''''.~':iP'$''-''''''''1li U
". OFFICIAl sEAt.
-; S STEELE
~ NOTARY PUBUC-OREGQI ,
- COMMISSION NO. 41_
uB .. r.~!~~~.S~~.~~,
Notary Public for Oregon
My Commission Expires 9- :s 0 - { J
co ,-:..- '"'
" .""l
Division of Chief Depuly Cle~k
Lane Counly Deeds and Reco~ds ,
, l~~~.~JJ~~o
Recorded at the Request of and
After Recording Return To:
"111111111111111111111111111111111111111111 $36 , 00
010042.:9.:00;013399500200,,4'
. 06/18/2008 10:26:30 AM
RPR-ESMT Cnl=2 Sln=6 CASHIER 07
$5.00 $10,00 $10.00 $11.00
Betz/Evans Associates
1071 Harlow Road
Springfield, OR 97477
DECLARATION OF PRlV ATE JOINT USEACCESSIPRlV ATE'
UTILITY EASEMENT AND MAINTENANCE AGREEMENT
The True and Actual Consideration for this Declaration is other than Monetary.
RECITALS:
1. BetzlEvans Associates is the owner of two adjoining parcels described as Lots 2
and 3, Block I, Farmdale Plat, as Platted and Recorded in Book 27, Page 28, Lane
County Oregon Plat Records" in Lane County, Oregon.,
2. , The owner desires to create an easement and defir.e maintenance responsibility
for a joint use roadway and private utilities to serVe both lots as described below,
DECLARATION OF EASEMENT
A. _Easement Created: Grantor hereby creates a private, non-exclusive perpetual
easement over that certain area described below for private joint access use and utility
purposes.
A twenty foot wide easement lying five feet West imd fifteen feet East of the
following described line
,
Beginning at a point that is the Northeast corner of Lot 3 and the Northwest
corner ofLot2, Block I, Farmdale Plat"as Platted and' Recorded in Book 27,
Page 28, Lane County Oregon Plat Records, in Lane County, ,Oregon: thence
South 0000 IE, '100.00 feet and there ending.
B, Use of the Burdened Prooertv: The owners or occupiers of the lots affected by
this easement shall have the right to use their property, including the area described as the
easement for any purposes as long as the owners or occupiers do not interfere with the
use of the easement as granted by this instrument. No vehicle parking or'Storage of
vehicles shall be allowed by any party within the easement including the agents, '
employees; tenants, and invitees of said owners. '
C. Maintenance and Renairs: The cost of any maintenance or repair of the paved
area within the easement shall be split equally between the owners of said Lots 2 and 3,
The cost of any maintenance or repair of shared private utilities that may exist or be
. ' .
constructed, within the easement shall.be split equally between the owners of said lots
The cost of any maintenance or repair of private utilities that serve only one lot shall be
the responsibility of the owner of that lot. Said owner shall return the easement area to
the condition that existed prior to work once said maintenance or repair has been
completed,
D. Successors in Interest: The provisions of this instrument touch and concern,
and relate to the use of said Lots 2 and 3, 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 enure to the heirs, successors, assigns, transferees,
and personal representatives of all owners of any of the aforementioned lots,
IN WITNESS WHEREOF, we have executed this Declaration of Private J2int Use
Access/Private Utility Easement and Maintenance Agreement on this /R-t day of June,
2008.
Betz/Evans, Associates
L!o -L~ ~d ,:Up,
Geraldine A Betz
(] t<o h.
6
v~l~ ?: {'lf~
Michael P. Evans
STATE OF OREGON)
) SS
COUNTY OF LANE )
, r>
On June 115 , 2008, personally appeared the above named Geraldine A Betz and
Michael P. Evans; partners of BetzlEvans Associates and ,!-cknowledged the foregoing to
be their voluntary act and deed, . . _ /' '
, '''''S ;(J I;
(, .,f<{,_ ') )
/,;5'" "-..i.4J 1- _
Notary Public for Oregon
My Commission Expires 8-, .:>:, v - I (
. :=.-~--,....,""'l.~t>>'. 'Ii u ~~
~ ". OFFICIAl. SEAL
Q S STEeLE
~ NOTARY PUSUC, OREGON j
'I COMMISSION NO. 41_ ~
t.. .,~;~~S:~E:,';~S.~.~~~