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Home My WebLink AboutEasement APPLICANT 8/18/2008 I;' ''- l. . DECLARATION'OF RECIPROCAL EASEMENTS PRE.SUBMITTAl REC'O, AUG 1 8 2008 " This Declaration of Reciprocal Easements IS made, by, PeaceHeaiih, a Wash;ngt~n Corporation hereinafter referred to as Declarant. ".. ......,< 'r 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. r~ference incorporated herein ("RiverBend Lot 8"). .' B. . Declarant is partitioning the RiverBend Lot 8 into two separate parcels. Parcell is described on Exhibit B attached hereto and by this reference incorporated herein ("Parcel 1 "). ,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 RiverBend Lot 8 for the benefit of the Owners of any' and all portions of Parcds I !'and .2 and their respective heirs, successors, assigns,' grantees, mortgagees, tenants, and subtenants. NOW, THEREFORE, Declarant hereby declares as follows: , ~ - AGREEMENT: 1. ,Easements. 1.1'. Ingress, Egress, and Parking, Decl~ant declares, grants, creates, and reserves forDeclarant, its assigns, grantees, and successors in interest having record title to any portion of the RiyerBend Lot 8 (heteinafte~ referred to in the aggregate ~s "Owners"), and each Owner's respective employees, agents, patients, invitees, and tenants, and the employee~, agents, patients, and in;itees 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 th~ 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 RiverBl,md Lot 8, an appurtenant non-exclusive easement under, through, ahd 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 utilitx facilities necessary for the orderly development and operation of the RiverBend Lot~. 1'he1rights 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 em'ergency, the right of any Owner to enter upon the Parcel of any other Owner for the exercise ,of any right pursuant to such easements shall-be conditioned upon obtaining the rage I ~ DECLARATION OF RECIPROCAL EASEMENTS 08/08/08 I j, o ' I .' . i ( 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 ~ystems, structu~es: mains, sewers, conduits, lines, and other public ~tilities 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; orsewer' cross the RiverBend Lot 8, subsequent to the initial paving ~nd 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 RiverBeild Lot 8 or with Owner's plans for the development of its Parcel. The Owner making or causing su~h 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 I ' , 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 anyemergency..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 easement' for . footings, piers, piles, grade beams, canopies, eaves, utility meters, work overhangs, and building encroachments granted herein shall not exceed two feet. Provided, further, 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 encroachm'ent 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 shall . 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 commefcially 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. I;'age 2 - DECLARATiON OF RECIPROCAL EASEMENTS 08/08/08 I I I I I I '1 I .. (} , .'- . 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 herl:)in shall be deemed to be a gift or dedication of any portion of the RivetBend Lot 8 to the general public or for any public purposes whatsoever. It being the intention of Declarant that this ,Declaration be strictly limited to .ind 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 ,accordancewith and governed by the laws of the State of Oregon. ' . .1 - 6.4 Inurement. This Declaration and ea~ements, 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 acknowledged before me this for PeaceHeaIth. day of 2008, by " , <> Notary Public for Oregon My conunissiori expires: " PRE.SUBMITTAl RECIO AUG 1 8 2008 Page 3 ~ DEGLARA TION.oF RECIPROCAL EASEMENTS 08/08/08 ,) , , . . Exhibit A RiverBend Lot 8' Lot 8 Subdivision of RiverBend, Phase #2 as' platted and' recorded as CS File No, 41070, Document number 2008-030895, Division of Chief,Deputy Clerk, Lane Couilty Deeds and Records. , Exhibit A Page 1 " Q... . Exhibit B Parcell .ParcelI Land Partition Plat Numb~r 2008-P . :1 r . I ,~ '.. ' , , " PRE.SUBMIITAl REC'O AUG 1 82008 Exhibit B . Page 1 , /:., " . ExhibitC Parcel 2 , I I I I " Parcel 2, Land Partition Plat Number 2008-P '" " .' Exhibit C Page 1 , " I I I I