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HomeMy WebLinkAboutEasement APPLICANT 11/2/2006 .' ~,. .' After recording return to: G & R Building Concepts, Inc. 113 5 CaI Young Road Eugene, OR 97401 DECLARA nON OF VARIABLE-WIDTH PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT RECITALS: A. Declarant: This Declaration of Joint Use Access and Utility Easement and Maintenance Agreement is made by G & R Building Concepts, Inc. an Oregon Corporation as to an undivided 50% interest and JLA Investments, LLC, an Oregon Limited Liability Company as to an undivided 50% interest, the owners of the real p,vl'~,;j described as KING HENRY ESTATES, as platted and recorded in Lane County Official rccords, and the Access and Utility Easement as described in Exhibit "A". B. Purpose: This Declaration of Joint Use Access and Utility Easement and Maintenance Agreement is made to specifically provide for: (1) Access to Lots 8, 9 AND 10 of said KING HENRY ESTATES, and (2) Installation and maintenance of utilities, and (3) Maintenance requirements of the Access and Utility Easement, and (4) Responsibilities for all persons who are or who may become parties using said easement WITNESSETH: Now therefore in consideration of the foregoing recitals, which are expressly made a part of this Declaration of Private Joint Use Access and Utility Easement and Maintenance Agreement, the undersigned hereby declares as follows: (1) Declaration of Access and Utility Easement: There is hereby declared, granted, conveyed and created a perpetual and non-exclusive casement as a means of ingress and egress to and from Lots 8, 9 AND 10 of said KING HENRY ESTATES. It is further declared and provided that said casement may be utilized for the installation and maintenance of such utilities as may be needed to serve said Parcels. It is expressly understood that no rights outside the Access and Utility Easement are provided. (2) Extent: The easement created by this declaration are not personal or in gross but arc appurtenant to each said Lot (3) Duration of Covenants Binding or Successors and Assigns: The easement created by this declaration shall be permanent and perpetual and shall constitute covenants running with the land and shall be binding on and inure to the benefit of all heirs, successors and assigns of Lots 8, 9 AND 10 of said KING HENRY ESTATES. . (4) Exclusive: The Private Access and Utility Easement provided herein shall be exclusive to owners, heirs, successors and assigns (and their guests) of Lots 8, 9 AND 10 of said KING HENRY ESTATES or any portion thereof and each shall be entitled to use the Access and Utility Easement for the vehicular, pedestrian access and utility purposes for which it is provided. (5) Maintenance: Any property owner of Lots 8, 9 AND 10 of said KING HENRY ESTATES may cause tho Access and Utility Easement right of way or any portion thereofto be maintained or repaired. The party causing said maintenance or repair to be done shall pay for such work, and other property owners of Lots 8, 9 AND 10 of said KING HENRY ESTATES using the Access Easement shall be liable for contribution based on that party's relative use proportional to the total roadway use. This payment shall be made in a timely manner, not to exceed 30 days, from the date of receipt of proof of expense. (6) Taxes: Real property taxes shall be paid by the owners of the property upon which the easement is located. (7) Indemnification: Each party shall indemnity and save any other of the parties harmless from any liability, loss or expenses resulting from that parties agents and employees, any independent contractor hired by that party, and that parties permitees, invitees, licensees and guests unless that injury is caused in part by any of the other parties' failure to contribute to the expenses of maintenance of the Access and Utility Easement (8) Further Documents: In the event that any further grants or easements are required to document and effectuate the casement created herein for Lots 8, 9 .and' 10 of the aforementioned KING HENRY ESTATES or portion thereof, Grantors each represent that each will execute said grants of easements. Walt A Drews Date Jack H. Louie Date State of Oregon) )ss County of Lane) The above named Walt A Drews, President, G & R Building Concepts, Inc. an Oregon Corporation, and Jack H. Louie, Member, JLA Investments, LLC, an Oregon Limited Liability Company acknowledged the foregoing before me this day of . 2006. I Notary Public for Oregon My Commission Expires: .' Exhibit "A" Easement Descriotion: Beginning at a point on the West right-of-way line of 19th Street, being North 1940.73 feet and West 247.53 feet from the Southwest corner of the Donation Land Claim No. 51, said point being on the Northerly right-of-way line of Hayden Bridge Road; thence along said Northerly right-of-way line, South 89%%d 18' 12" WesL16.00 feet to a point on the East boundary line of Lot 1, Block 3, YOLANDA PARK, as Platted and recorded in Book 40, Page 13; thence along said West line, North 00 14' 00" East 94.41 feet; thence leaving said West line, South 890 42' 35" East 167.43 feet; thence South 00 01" 17" East 12.00 feet; thence North 890 42' 35" West 73.43 feet; thence South 00 01' 17" East 4.00 feet; thence North 890 42' 35" West 78.07 feet; thence South 00 14' 00" West 78.13 feet to the point of beginning in Lane County, Oregon.