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HomeMy WebLinkAboutAgreement APPLICANT 1/21/2009 "1" ~ ,. After recording return to: Donald Haase. 143 Madison Street Eugene, OR 97402 Date Received: JAN 2 I 2009 Original Submittal DECLARATION OF PRIVATE SHARED STORM WATER DRAINAGE MAINTENANCE AGREEMENT RECITALS: A. Declarant: This Declaration of Private Shared Strom Water Drainage Maintenance Agreement is made by Twin Butte Mortgage, Inc, an Oregon cV'l'v'Gtion, the owner of the real property described as SKYCHIEF PARK, recorded, as Document Number 2009- in Lane County Official Deed Records. B. A private shared storm water drainage easement burdening Lots I, 2 and 6 and benefiting Lots I, 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 said easement. 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: (I) Storm Water Facilities Maintenance: All/ots using the p~vate 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 ofthe shared storm water drainage easement. ",. " 1-15-0q Date ' Dad Haase/President of Twin Butte Mortgage, Inc. State of Oregon) )ss County of Lane) The above named, Donald Haase, as President of Twin 'Butte Mortgage, Inc, an Oregon Corporation, acknowledged the foregoing before me this Ib"f!... day of ':Ti,^",,,,~~ 2009. . .- a.. -42 ') - Notary Public for Orego~ My Commission Expires: ~+-,---b-. ""?>?o\( \ I . OFFICIAL SEAL A.ARON M ZEH NOTARY PUBLIC - OREGON . .' CUMMISSION NO. 420885 MY COMM!~":,S\ON E:~,1!Ri:S SEPT 3,2011 Date Received: JAN 2' 1 2009 Original Submittal EXHIBIT "8~' - 0 .., cO' s' 0 !!t IU '- C/) l>- ID c C" :z ::0 3 "" ;::;: - CD i[ ...... ~ g ai' .." Q. tz ~ J. I:: ;;; c (S 89'26'00. E 380.50)2+4 (1 -u !: II LOT 2 LOT 3 8,380 SQ.FT. 8,307 SQ.FT. N ~~ LOT 1 7,577 SQ.FT. '" ~ ~ <.) 5 0.. 0 t;; ;" ~- ... b LOT 6 z 8,537 SO-FT. LOT 5 ~ 8,369 SQ. FT. !' " "'! '" N ~ .~ ; LOT 4 b 8,113 SQ.FT. III " "">0- (N 89'26'00. W 379.64)2+4 Q - PRIVATE SHARED STORM WATER DRAINAGE AND UTILITY EASEMENT. ..,