HomeMy WebLinkAboutEasement APPLICANT 7/22/2008
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Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIV ATE UTILITY AND PRIVATE STORM DRAINAGE
EASEMENTS
The true and actual conside~ation for this declaration is other than monetary.
RECITALS:
I) WILLIAM E. CURRAN, ROSEMONT VILLAS LLC, AND TITAN DEVELOPMENT
LLC, Grantors, are the owners of the lands described in the Deed that was recorded
November 3, 2006 at Recorder's Number 2006-079719, in the Warranty Deed that was
recorded August 17, 2007 at Recorder's Number 2007-058135, and in the Bargain and Sale
Deed that was recorded July 19,2007 at Recorder's Number 2007-049059, respectively, all
in the Official Records of Lane County, State of Oregon, herein after referred to as
DECLARANTS.
2) The owners are dividing said real property into six lots as shown on Subdivision Plat No.
2008-P as subdivided and recorded in Lane County Oregon Plat Records.
3) The owners desire to create easements and define maintenance responsibility on certain areas
and facilities for the benefit of future owners of the lots as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lots 2, 3, 4, and 5 over that certain area designated as "28.00' PRIVATE JOINT USE
ACCESS, UTILITY AND DRAINAGE EASEMENT" on said subdivision plat as said
easement lies in Lots I, 2, 3, 4, 5, and 6 for private access and utility purposes.
B) Eas"111~n.t Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lots 2, 3, 4, and 5 over that certain area designated as "28.00' PRIVATE JOINT USE
ACCESS, UTILITY AND DRAINAGE EASEMENT" on said partition plat as said
easement lies in Lots 1,2,3,4,5, and 6 for private storm drainage and treatment purposes.
C) Exclusion ofPUEs:Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
D) Use of the Burdened Pronertv: The owners or occupiers of the lots affected by these
easements shall have the right to use their property, including the areas described as the
easements, for any purpose as long as the owners or occupiers do not interfere with the use of
the easements as granted by this instrument. No vehicle parking or storage of vehicles shall
be allowed by any party within the easement area, including the agents, employees, tenants,
and invitees of said owners.
E) Maintenance and Renairs: The cost of any maintenance or repair of the driveway and
storm drainage improvements within the easement area shall be split equally between the
owners of Lots 2, 3, 4, and 5. The cost of any maintenance or repair of private utilities lying
within the easement areas will be the responsibility of the owner of the respective facility.
F) Successors in Interest:The provisions of this instrument touch.and concern, and relate to the
use of Lots 2, 3, 4, and 5 of said subdivision, and are intended to be covenants and
restrictions running with the land. All provisions of this instrument, including the benefits
and burdens, are binding and inure to the heirs, successors, assigns, transferees, and personal
representatives of all owners of any of the aforementioned lots.
PRE-SUBMITTAl REC'O
JUL 2 2 2008
DECLARATION OF PRIVATE JOINT USE ACCESS,.
PRIVATE UTILITY AND PRIVATE STORM DRAINAGE
EASEMENTS
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IN WITNESS WHEREOF, I have executed this PRIVATE JOINT USE ACCESS, UTILITY AND
DRAINAGE EASEMENT on this day of . 2008.
William E. Curran
Laura Foumal, as member of Rosemont Villas, LLC and
as managing member of Titan Development, LLC
STATE OF OREGON )
)ss
County of Lane )
On this day of , 2008, before me personally appeared Laura
Foumal and acknowledged the foregoing instrument to be her voluntary act and deed.
Notary Signature
Printed Name of Notary
Notary Public - Oregon
STATE OF OREGON ) .
)ss
County of Lane )
On this day of . 2008, before me personally appeared William
E. Curran and acknowledged the foregoing instrument to be his voluntary act and deed.
Notary Signature
Printed Name of Notary
Notary Public - Oregon
PRE-SUBMITTAL RECIO
JUL 2 2 2008
DE CLARA TION OF PRIVATE JOINT USE ACCESS,
PRIVATE UTILITY AND PRIVATE STORM DRAINAGE
EASEMENTS
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