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HomeMy WebLinkAboutAgreement APPLICANT 2/12/2008 '" <. i ~ -" ;;.. After recording return to: Donald Haase. 143 Madison Street Eugene, OR 97402 I DECLARATION OF PRIVATE SHARED STORM WATER DRAINAGE NUUNTENANCEAGREEMENT .t~ " - tJO 1'(... l P A6 t. 3 RECITALS: A. Declarant: This Declaration of Private Shared Strom Water Drainage Maintenance Agreement is made by Donald Haase, the owner of the real property described as SKYCI-llEF PARK, recorded as Document Number 2008- in Lane County Official Deed Records. B. A private shared storm water drainage easement burdening Lots 3-5 and benefiting Lots 3-5 of said SKYCI-llEF PARK, which was created on said plat and is as shown on the attached Exhibit "A". C. Purpose: This Declaration of Private Shared Storm Water Drainage Maintenance Agreement is made to specifically provide for: (I) Maintenance of storm water facilities within ..the private shared storm water drainage . easement, and (2) Responsibilities for all persons who are or who may become parties using said easement. WI1NESSETH: Now therefore in consideration of the foregoing recitals, which are expressly made a part of this Declaration of Private Storm Water Mamtenance Agreement, the undersigned hereby declares as follows: (I) Storm Water Facilities Maintenance: All lots using the private shared storm water drainage easement will share in the cost of maintaining the shared storm water facilities located within the easement area. Said lots will also have the right to drain storm water from their lot to the storm water facilities within the shared storm water drainage easement. Any private utility lines from lots to the shared storm water drainage easement storm water facilities will be maintained by the owner of the lot to which they benefit, at their expense. (2) Taxes: Real property taxes shall be paid by the owners of the property upon which the easement is located. (3) Indemnification: Each party shall indemnify 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 shared storm water drainage easement. (.., - Donald Haase State of Oregon) )ss County of Line) Date The above named, Donald Haase, acknowledged the foregoing before me this ,2008.. Notary Public for Oregon My Commission Expires: day of N .R '" en N LOT 2 8.380 SO.FT. LOT 1 7,577 SO.FT. "' '" LOT 6 8.537 SO. FT. b z ~ .. .'. I: ~ c t~ EXHIBIT "B" >- z i5 Cl. PRIVATE SHARED STORM '\VATER DRAINAGE AND UTILITY EASEMENT. ;;! " ?; (5 89'26'00" E 380.50)2+4' o LOT 3 8,307 SO.FT. LOT 5 8.369 SO.FT. " ~J LOT 4 ~Iif) 8.113 SO.FT. \J (N 89'26'00" W 379.64)2+4 ,... co N o z c <5 lr /: z ::0 o U "- l;j "' '" >- Vl C z' N .. ~'I .y'~' \! $ After recording retumto: Donald Haase. 143 Madison Street Eugene, OR 97402 DECLARATION OF PRIVATE SHARED STORM WATER DRAINAGE f MAINTENANCE AGREEMENT RECITALS: \ A. Declarant: This Declaration of Private Shared Strom Water Drainage Maintenance Agreement is made by Donald Haase, the owner of the real property described as SKYCHIEF PARK, recorded as Document Number 2008- in Lane County Official Deed Records. B. A private shared storm water drainage easemenfburdening Lots 1,2 and 6 and benefiting Lots 1,2 and 6 of said SKYCHIEF PARK, which was created on said plat and is as shown on the attached Exhibit "A". C. Purpose: This Declaration of Private Shared Storm Water Drainage Maintenance Agreement is made to specifically provide for: (I) Maintenance of storm water facilities within the private shared storm water drainage easement, and (2) Responsibilities for all persons who are or who may become parties using ~ai(l'easeritent, WITNESSETH: Now therefore in consideration of the foregoing recitals, which are expressly made a part of this Declaration of Private Storm Water Maintenance Agreement, the undersigned hereby declares as follows: (1) Storm Water Facilities Maintenance: All lots using the private shared storm water drainage easement will share in. the cost of maintaining the shared storm water facilities located within the easement area. Said lots will also have the right to drain storm water from their lot to the storm water facilities within the shared storm water drainage easement. Any private utility lines from lots to the shared storm water drainage easement storm water facilities will be maintained by the owner ofthe lot to which they benefit, at their expense. (2) Taxes: Real property taxes shall be paid by the owners of the property upon which the easement is located. . (3) Indemnification: Each party shall indemnify 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 ofthe shared storm water drainage easement. <,:. ~ Donald Haase Date State.of Oregon) )ss County of Lane) The above named, Donald Haase, acknowledged the foregoing before me this ,2008. Notary Public for Oregon My Commission Expires: day of .-... ',- :-,,t: ::-:iO;o,'- 'I - .:.--W , ~ Cl. 'I ",.' " ',' ,~ " ,. ,.. (' I', ~ .J~~ "'~ ~ ~ ~ ~, I[ :f u LOT 2 8.380 SO.FT, LOT 6 8,537 SO.FT. - PRIVATE SHARED STORM WATER' DRAINAGE AND UTILITY EASEMENT. EXHIBIT "8" (5 89'26'00' E 380.50)2+4 LOT 3 8,307 SO.FT. LOT 5 8.369 SO.FT, -. (N 89'26'00" W 379.64)2+4 I LOT 4 8,113 SO. FT. I< i5 Cl. ~ ~ <) I' :1 ,... '" cO N ;< co, .... .. b '" . ,'J