HomeMy WebLinkAboutEasement APPLICANT 6/3/2005
AFTER RECORDING, RETURN TO:
HENRY BLAIR AND BEABLAlR
2660 CITY VIEW,-
EUGENE, OR 97405
DECLARATION OF PRIVATE ROAD EASEMENT
RECITALS:
1. Henry Blair and Bea Blair are the owners of the following described real property:
A parcel ofland in the Southeast one-quarter of the Southwest one-quarter of Section 24,
Township 17 South, Range 3 West of the Willamette Meridian, described as follows:
BEGINNING AT A POINT on the West right-of-way line of 19th Street, being North
2271.66 feet and North 890 42' 35" West 30 feet from the Southwest comer of Donation
Land Claim No. 51, said point also being the Southeast comer of Lot 13, Block 3, FIRST
ADDITION TO YOLANDA PARK, as platted and recorded in Book 40, Page 14, Lane
County Oregon Plat Records; thence North 890 42' 35" West along the South line of said
Lot 13, and its Westerly extension thereof, 234.58 feet to the Northeast comer of Lot 6,
Block 3, SIXTH ADDITION TO YOLANDAPARK, as platted and recorded in Book
55, Page 14, Lane County Oregon Plat Records; thence South 000 14' 00" West along the
East line of said Lot 6 and its Southerly extension thereof, 336.25 feet to the Northerly
right-of-way line of Hayden Bridge Road; thence South 89035' 30" East along said
Northerly right-of -way line 244.58 feet, more or less, to the point of intersection with the
West right-of-way line of 19th Street; thence North along said West right-of-way line to a
point which bears South 890 42' 35" East from the Point of Beginriing, thence North 890
42' 35" West 10 feet to the POINT OF BEGINNING, in Lane County, Oregon.
EXCEPTING a tract ofland conveyed to Lane County, as described by
instrument recorded March 25, 1992, Reel 1752, Reception No. 9216156, Lane
County Official Records. .
ALSO EXCEPTING a tract ofland conveyed to Lane County as described by
instrument recorded September 14, 1995, Reel 2096. Reception No. 9551657,
Lane County Official Records.
Tax Lot 1100, containing 1.79 acres more or less.
2. OWNERS intend to subdivide their property into ten lots and the City of Springfield
has granted tentative subdivision approval for that subdivision through approval of
Subdivision 2004-00057 called King Henry's Court.
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3. Lots 2and 3 created.by Document No. (King Henry's Court) have
a reciprocal access and maintenance agreement over the strips indicated on Exhibit "A".
DECLARATION OF EASEMENT:
1. EASEMENT CREATED. OWNERS hereby create a perpetual, nonexclusive private
roadway easement to serve Lots 2 and 3, and any future division thereof over the area
. shown in Exlubit "A".
2. EASEMENT PROVISION. The terms of this easement are as follows:
2.1. PURPOSE. The easement is for access and maintenance ofthe.roadway and utilities'
serving Lots 2 and 3 of King Henry's Court Subdivision per Document
No: . and any future division thereof. .
2.2. USE OF BURDENED PROPERTY. The owner or occupiers of Lots 2 and 3 of
King Heriry's Court per Document No. and of any future
division thereof shall have the right to use their property, including the area descnbed in
the easement, for any purpose so long as the owner or occupiers do not interfere with the
use of the easement of access as granted by this instrument.
No building, shrub, tree or other physical impediment shall be placed within the
Easement area by any person in such a manner as to preclude its use as a common access
and maintenance area for Lots 2 and 3 per Document No. and any
future division thereof.
2.3 PRIVATE GRANT. The easement created by this instrument does not constitute a
dedication or grant for public use.
2.4 MAINTENANCE AND REPAIRS. The cost of normal maintenance or repair of the
property within the easement area sh!ill be apportioned equally between the owner or
occupiers of Lots 2 and 3 of King Henry's Court per Document No.
and any future division thereof. The cost for exceptional or unusual maintenance or repair
occasioned solely by the actions of the owner or occupier(s) of one' parcel or any future
divisions thereof only shall be borne exclusively by the owner or occupier(s)
necessitating the repair or maintenance.
3. ENFORCEMENT. Ifany suit, action, or other proceeding or appeal therefrom, is
instituted to enforce, compel, or clarifY any right or obligation created in this instrument,
the prevailing party shall be entitled to receive from the adverse party, in addition to costs
and disbursement, an award of reasonable attorney fees to be set by the trial or appellate
court.
4. SUCCESSORS IN INTEREST, RECORDATION. The provisions of this
instrument touch and concern, and relate to the use of Lots 2 and 3 of King Henry's Court
per Document No. and any future division thereof and are
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intended to be covenants and restrictions running with the land. This document shall,
therefore, be recorded in the Deed Records of Lane County, Oregon.
. All the provisions of this instrument, including the benefits and burdens, are binding on
. and enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own Lots 2 and 3 of King Henry's Court per Document No.
and any future division thereof.
Dated this _th day of_, 2005.
DECLARANTS
Henry Blair
Bea Blair
STATE OF OREGON )
) SS
County of Lane )
On this day of . 2005 personally appeared before me the within
named Henry Blair, and acknowledged the foregoing to be his voluntary act and deed.
Notary Public for Oregon
My Commission expires:
On this day of . 2005 personally appeared before me the within
named Bea Blair, and acknowledged the foregoing to be her voluntary act and deed.
Notary Public for Oregon
My Commission expires:
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