HomeMy WebLinkAboutEasement APPLICANT 3/3/2009
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After Recording Return To:
David J: Collier
75506 Blne Mt Sch Rd
Cottage Grove, OR 97424
DECLARATION OF JOINT ACCESS,
. MAINTENANCE AND UTILITY EASEMENT
RECITALS:
:;.
A) Declarant: Vem W. Benson is the owner of certain real property more particularly
described as follows:
B)
Lots 1-5, of5 Doves Estates as recorded in Reception No.
Lane County Oregon Plat Records.
B. Purpose: This Declaration of Joint Access, Maintenance and Utility Easement is
made to specifically provide for:
(1) Access and Utilities to Lots 1-5, and any future division of these Lots.
(2) Maintenance requirements of the Easement, and
(3) Responsibilities for all persons who are or who may become parties using said
Easement. 1
. WITNESSETH: .
Now therefore in consideration of the foregoing recitals, which are expressly made a part
of this Declaration of Joint Access, Maintenance and Utility Easement, 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 easement as a means of ingress and
egress to and from Lots 1-5. It is further declared and provided that said Easement may be
utilized for the installation and maintenance of such utilities as may be needed to serve said
Lots. It is expressly understood that no rights outside tre Easement are provided. The
Easement is more particularly described as follows:
. Description will be taken from Final Plat. .
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(2) Extent: The Easement created by this declaration is not personal or in gross but is
appurtenant to each said Lot.
Date Received:
MAR 0 3 2009
Original Submit~1
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(3) Duration of Covenants Binding or Successors ahd Assigns: The Easement created
by this decl~ation shall be pemianent and perpetual and shall constitute a covenant
running with the land and shall be binding on and inure to the benefit of all heirs,
successors and assigns of said Lots.
(4) Exclusive: The Easement provided herein shall be exclusive to the owners, heirs,
successors and assigns ( and their guests) of Lots 1-5, or any portion thereof and each
. shall be entitled to use the Easement for the vehicular and pedestrian access for which it is
provided. The Easement shall not be impeded by any party, and except for temporary or
emergency conditions, no party shall have the right to park, load or unload any vehicle in
t~e Easement right-of-way.
(5) Maintenance: Any party may cause the Easement right-of-way or any portion
thereof to be maintained or repaired. The party causing said maintenance. or repair to the
roadway or stormwater swaleshall pay for such work. Other persons uSing the roadway
shall be liable for contribution based on that party's relative use proportional to the total
roadway use. The cost of maintenance of the stormwater vegetated swale shall be shared
equally. This payment shall be made in a timely manner, pot 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 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 Easement.
(8) Further Documents:. In the event that the any 'of the Parcels requires any further
grants or easements to document and effectuate.. the Easement created herein, Grantors
each represent that each will execUte said grants of easements.
Date Received:
MAR 0 3 2009
Original SubmittF'1
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Granted and declared this
Vem W. Benson
State of Oregon) .
ss
County of Lane)
/
day of
,.
,2009.
Personally appeared the above named who acknoYlledged'the foregomg instrument to be
his voluntary act and deed.
Granted and declared this
Notary Public for Oregon
day of
.2009.
Date Received:
,",
MAR 0 3 2009
Original Submittal