HomeMy WebLinkAboutEasement APPLICANT 6/16/2008
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PRE-SUBMITIAL REC'D
JUN 1 6 2008
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DECLARATION OF A 26.00 FOOT PRIVATE JOINT USE ACCESS"AND UTILITY
EASEMENT AND M:AINTENANCE AGREEMENT
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KNOW ALL MEN J?Y THESE PRESENT,S, that John E. McSwane, Hilda R, McSwane and
Jennifer M. Johnson are the owners of-Lots 1-6 of WEEPING WILLOW subdivision, recorded
, 2008: Reception No. 2008- as filed in
, Lane County, Deeds Records, Lane County,: Oregon.
FURTHER, said Owners create a 26.00 foO:t Width Private Joint Use Access and Utility
Easement, across Lots 2-S,as shown on said Subdivision, for the benefit of Lots 1-6.
FURTHER, said Owners, Heirs, Assigns or'Successors ofLots'I-6will share said easement and
said Owners, Heirs, Assigns or Successors bf Lots 1-6 will enter into' a Maintenance Agreement.
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NOWTHEREFORE, it is hereby agreed arid declared that:
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1. The Owners, Heirs, Assigns and Successors of the above,named Lots of said
Subdivision shall share equally \n the costs of maintenance and operation of said
Easement. i
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'2. The Owners, Heirs, Assigns and Successors of said Lots' may construct and.maintain
private utilities over and across said Easement.'
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3. The Owners, Heirs, Assigns and Successors of said,Lots shall cause said Easement to
remain free of structures and parked vehicles and shall be available for access to the
public road at all times.
4. Maintenance to the access facilities shall be undertaken at such time as the majority of
the owners, being served by sai~ Easement deem it desirable.
5. Maintenance to the stonnwater facilities shall be tnidertaken at such time as the
majority of the owners, being served by said Easement deem it desirable or at snch a
time as necessary to ensure the functionality of said facilities.
6. Emergency vehicles shall have the right to enter upon said Easement for the purpose
of emergency vehicle access.
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7. The Owners, Heirs, Assigns and Successors of Lots 1 and 6 are excluded from
maintenance responsibilities as 10ng as their ingress/egress is taken from "E" Street
and the required maintenance is ,not related to utilities serving said Lots
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FURTHER, The provisions of this instrum~nt touch andconcem, and relate to the use of Lots 1 -
"6, and are intended to be covenants and res~rictions running with the land. .
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The true and actual consideration of this de~laration is $ 0.00.
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Uponreeording please return to: Olson &Morris, 380Q Street Suite 200, Sprmgfield, OR 97477
3834-26;00 Foot Private Joint Use Acee,ss imd Utility Easement and Maintenance Agreement
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Granted and declared this
day of :
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John E. McSwane
State of Oregon
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County of Lane
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This instrument was acknowledged before me on
McSwane. i
Notary Public for Oregon
My Commission Expires:
'Granted and declared this
day of ;
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Hilda R. McSwane
State of Oregon
County of Lane'
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This instrument was acknowledged before me on
McSwane.
Notary Public for Oregon
My Commission Expires:
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day of
day of
',2008.
,2008.
, 2008 by John E.
, 2008 by Hilda R.
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Upon recording please return to' Olson &:Morris, 380 Q Street Suite 200, Springfield, OR 97477
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3834-26.00 Foot Private joint Use Access and Utility Easement and Maintenance Agreement
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Granted and declared this
day of ' '
,2008.
Jennifer M. Johnson
State of Oregon
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)ss.
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County of Lane
This instrument was acknowledged before me on
M. Johnson.
day of
,2008 by Jennifer
Notary Public for Oregon
My Commission Expires:
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Upon recording please return to: Olson &,Morfis, 380 Q Street Suite 200, Springfield, OR 97477
3834-26.00 Foot Private Joint Use Acc~ss and Utility Easement and Maintenance Agreement
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