HomeMy WebLinkAboutEasement APPLICANT 9/25/2008
~. . ......
Recorded at. the request of and
after recording return to:
Date Received: .
SEP 2 5 2008
Branch Engineering, .'Inc.
310 Fifth Street
Springfield, OR 97477
Original submittel
DECLARATION OF PRIVATE EASEMENTS
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) J. M. Brandt-Drury, Grantor, is the owner of the lands that are described in that Warranty
Deed that was recorded June 28, 2004 at Recorder's Number 2004-049212 in the Official
Records of Lane County, State of Oregon. .
2) The owner is dividing said real property into three parcels as shown on Land Partition Plat
No.2008-P . as partitioned and recorded in Lane County Oregon Partition
Plat Records.
3) The own~rdesires to create easements and define maintenance responsibility on certain areas
and facilities for the benefit of future owners ofthe parcels as described below.
DECLARATION OF EASEMENTS:
A) Easement Created:, J. M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels_ I, 2 and 3 over that certain area designated as "VARIABLE. WIDTH
PRIVATE JOINT USE ACCESS, PRIVATE STORM DRAINAGE, AND PRIVATE
UTILITY EASEMENT" on said partition plat as said easement lies in Parcels 1,2 and 3 for
private access, drainage and utility purposes.
B) Easement Created:J. M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels I, 2 and 3 over that certain area designated as "8.00'x30.50' PRIVATE
BICYCLE STORAGE EASEMENT" on said partition plat as said easement lies in Parcel 3
for purposes of storing bicycles and accessing said storage.
C). Easement Created: "J. M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels I, 2 and 3 over that certain area designated as "21.00'x76.53' PRIVATE
STORMWATER DRAINAGE AND TREATMENT EASEMENT" on said partition plat as
said easement lies in Parcel I for private storm water drainage and treatment purposes.
D). Easement Created: 1.' M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels 2 and' 3 over that certain area designated as "VARIABLE. WIDTH
PRIVATE UTILITY EASEMENT" on said partition plat as said easement lies in Parcel I for
private utility purposes.
E) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels I, 2 and 3 over that certain area designated as "5.00' PRIVATE
SANITARY SEWER EASEMENT" on said partition plat as said easement lies in Parcel 3
for private sanitary sewer purposes.
F) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels I, 2 and 3 over that certain area designated as "17.50'x20.50' PRIVATE
TRASH ENCLOSURE EASEMENT" on said partition plat as said easement lies in Parcels 2
and 3 for private access, garbage and recycling disposal purposes. .
G) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual easement for the
benefit of Parcels 2 and 3 over that certain area designated as "5.00' PRIVATE UTILITY
EASEMENT" on said partition plat as said easement lies in Parcels 2 and 3 for private utility
purposes.
H) Easement Created:" J. M. BRANDT-DRURY hereby creates aperpetual easement for the
benefit of Parcels I, 2 and 3 over that certain area desigimted as "PRIV ATE RECREATION
EASEMENT" 'on said partition plat as said easement lies in Parcel 3 for private recrea\ion
purposes. .
. I) Easement Created: J. M. BRANDT-DRURY hereby creates a perpetual' easement for the
benefit of Parcels 1,2 and 3 over that certain area designated as "5.00' PRIVATE ACCESS
EASEMENT" on said partition plat as sa.id ea;;ement lies in Parcels 2 and 3 for purposes of
private access to said Private Recreation Easement.
J) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
DECLARATION OF PRIVATE EASEMENTS
Page I of2
~'\...
- '. :...
K) Use of the Burdened Prooertv: The owners or occupiers of the parcels affected by
these easements shall have the right to use their property, including the areas described as the
easements, for any purpose as long as the owners or occupiers do not interfere with the use of
the easements as granted by this instrument. No vehicle parking or storage of vehicles shall
be allowed by any party within the access easement areas, including the agents, employees,
tenants, and invitees of said owners.
L) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway, storm
drainage and treatment, bicycle storage facilities, trash enclosure, recreation area
improvements and the access path to said recreation area within the easement areas shall be
split equally between the owners of Parcels 1,2 and 3. The cost of any maintenance or repair
of private utilities lying within the easement areas will be the responsibility of the owner of
the respective facility where the facility serves one owner and shall be split equally between
the owners of the Parcels served by the respective facility where the facility serves multiple
owners.
M) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of Parcels I, 2 and 3 of said partition, 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 inure to the heirs, successors, assigns, transferees, and personal
representatives of all owners of any of the aforementioned parcels.
IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE EASEMENTS on
this z. 4 day of S-4 1* ~. kJ eA.., . 2008.
d;~~./-.-.
/M "'=1.7"
STATE OF OREGON )
)ss
County of Lane )
On this t Li day of ~bo&., , 2008, before me personally appeared J. M.
Brandt-Drury and acknowledged the foregoing instrument to be his voluntary act and deed.
. OFFICIAL SEAL
. ; GAIL A WAISANEN
\. / NOTARY PUBLIC - OREGON
...... COMMISSION NO. 419561
MY COMMISSIO~ E~P!!l~ <!I!~~,3!I!.!.~
(...~------'~' .
~/l-WI
Notary Public for Oregon
-
Date Received:
;+;
SEP 2 5 2008
Original Submittal
DECLARATION OF PRIV ATE EASEMENTS
Page 2 of2
"',