HomeMy WebLinkAboutEasement APPLICANT 9/12/2008
, I
DE CLARA TION OF RECIPROCAL EASEMENTS
This Declaration of Reciprocal Easements IS made by PeaceHealth, a Washington
Corporation hereinafter referred to as Declaraflt.
Recitals:
A. Declarant is the owner of that certain real property in Lane County, Oregon, and
more particularly described on Exhibit A attached hereto and by this reference incorporated
herein ("RiverBend Lot 8").
B. Declarant is partitioning the RiverBend Lot 8 into two separate parcels. Parcel I.
is described on Exhibit B attached hereto and by this reference incorporated herein ("Parcel I").
Parcel 2 is described on Exhibit C attached hereto and by' this reference incorporated herein
("Parcel 2").
C. Declarant desires to create reciprocal easements on the RiverBe~d Lot 8 for the
benefit of the Owners of any and all portions of Parcels I and 2 and their respective heirs,
successors, assigns, grantees, mortgagees, tenants, and subtenants.
, AGREEMENT:
Date Received:
SEP 1 Z 2008
NOW, THEREFORE, De'clarant hereby declares as follows:
I.
Easements,
Original Submittal
1.1 Ingress, Egress, and Parking. Declarant declares, grants, creates, and
reserves for Declarant, its assigns, grantees, and successors in interest having record title
to any portion of the RiverBend Lot 8 (hereinafter referred to in, the aggregate as
"Owners") and each Owner's respective employees, agents, patients, invitees, and
. tenants, and the employees, agents, patients, and invitees of each Tenant and for the
benefit of and as a burden upon the RiverBend Lot 8 an appurtenant non-exclusive
easement for the purpose of ingress and egress by vehicular and pedestrian traffic, and for
vehicle parking upon, over, across, and through the RiverBend Lot 8 at designated
parking areas.
1.2 Utility Lines. Declarant declares, grants, ,creates, and reserves for itself
and for each Owner, and for the benefit of and as a burden upon the RiverBend Lot 8, an
appurtenant non-exclusive easement under, through, and across the RiverBend Lot 8, for
the installation, maintenance, repair, and replacement of water drainage systems or
structures, water mains, storm drains, sewers, water sprinkler lines, telephone or electric
conduits or systems, gas mains, and other public utility facilities necessary for the orderly
development and operation of the RiverBend Lot 8. The rights granted pursuant to 'such
easements shall at all times be exercised in such manner as to cause the least interference
with the normal operation of the RiverBend Lot 8 and provided further, except in an
emergency, the right of any Owner to enter upon the Parcel of any other Owner for the
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exercise of any right pursuant to such easements shall be conditioned upon obtaining the
prior written consent of such other Owner for the exercise of any right pursuant to such
easements, which consent shall not be unreasonably withheld or delayed. All systems,
structures, mains, sewers, conduits, lines, and other public utilities shall be installed and
maintained below the surface of ground level of such easements, In the event an Owner
deems it necessary to cause the installation of a storm drain, utility line, or sewer cross
the RiverBend Lot 8, subsequent to the initial paving and improving thereof, the
respective Owner agrees not to unreasonably withhold the granting of any necessary
additional easements. Such Owner may withhold its consent if such installation would
unreasonably interfere with the operation of any business on the RiverBend Lot 8 or with
Owner's plans for the development of its Parcel. The Owner making or causing such
installation shall, at its sole cost and expense, completely restore to its original condition
all improvements and surfaces disrupted as a result of such installation. In the' event it
should be necessary to grant any of the foregoing easements and rights to local utility
companies as a condition of their providing or continuing service, such rights shall be
granted.
1.3 Building Encroachments, Each Owner, as grantor with respect to its
Parcel, hereby grants to each other Owner as grantee and for the benefit of its Parcel, an
easement for any emergency exit from a building (not to exceed six feet) or any portion
of any building on structures on any parcel (including; but not limited to, subsurface
support elements required for the construction or reconstruction of such building or
structures) which may encroach on' to or over an adjoining Parcel. Provided, the
encroachment easement shall not extend to encroachments which are intentional or which
materially and adversely affect the location, orientation, design, or construction of
improvements to be constructed on the Parcel upon which. the encroachment has taken
place unless first approved in writing by the Owner,of the affected parcel. The easement
granted herein shall last so long as the building of which such encroachment is a part is
standing.
,2. Notices, Any notice or demand given or served by any Owner to another shali
. not be deemed to have been duly given or served, unless in writing, personally delivered, or
forwarded by postage prepaid certified, or registered mail, return receipt requested, or by another
commercially recognizable means of delivery which maintains delivery records (such as federal
'express) addressed to the address of the Owner shown on the real property tax records. Notices
and demands shall be deemed effective upon receipt. The person(s) and place(s) to which
notices are to be given may be changed by the Owners by written notice to the other Owners.
3. Attorney's Fees, In the event legal proceedings are commenced to enforce any
of the terms of this Declaration, the prevailing party in such action or any appeal, shall have the
right to recover reasonably attorney's fees and costs from the other party to be fixed by the court
in the same action,
4.
Duration, . The easements contained herein shall be perpetual.
Date Received:
SEP t 2 2008
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5. Modification and Approval. Except' as otherwise provided - herein, any'
approvals required under this Declaration or any modification to this Declaration requires the
written consent executed by all of the Owners. '
"
6. General Provisions,
6.1 Not a Public Dedication, Nothing contained herein shall be deemed to be
a gift or dedication of any portion of the RiverBend Lot 8 to the general public or for any
public purposes whats'oever. It being the intention of Declarant that this Declaration be
strictly limiteq to and for the purposes'herein.
6.2 Captions, The captions in this Declaration are for convenience only and
do not constitute a part of the provisions hereof. .
6.3 Governing Law, This Declaration shall be construed and enforced in -
accordance with and governed by the laws of the State of Oregon. ' '
6.4, Inurement, This DeClaration and easements, covenants, benefits, and
obligations created hereby, shall inure to the benefit of and be binding upon each Owner
and its assigns. Acceptance of any deed or other conveyance of an estate in the,
RiverBend Lot 8 after recording of this Declaration shall be an acceptance of the terms of
this Declaration.
PEACEHEALTH
By:
Title
STATE OF OREGON )
) ss.
County of Lane )
This instrument was ackn,owledged before me this
for PeaceHealth.
day of
, 2008, by, .
Notary Public for Oregon
My commission expires:
c
c
I
Date Received:
SEP I 2 2008
Original Submittal
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Exhibit A
RiverBend Lot 8
, Lot 8 Subdivision of RiverSend, Phase #2 as platted and recorded as CS File No. 41070,
Document number 2008-030895, Division of Chief Deputy Clerk, Lane County Deeds and
Records.
Date Received:
SEP 1 2 2008
Original Submittal
Exhibit A Page 1
Exhibit B
Parcell
\
Parcel I Land Partition Plat Number 2008-P
Date Received:
SEP 1 2 2008
, Original Submittal
,
Exhibit B Page 1
Exhibit C
Parcel 2
Parcel 2, Land Partition Plat Number 2008.P
Date Received:
SEP 1 2 2008
Original Submittal
Exhibit C ,Page i
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Original Submittal
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