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Home My WebLink AboutEasement APPLICANT 4/3/2009 ,/.-. ~ . PLAT 'DOCUMENT # Division of Chief Depuly Clerk . Lane Counly Deeds and Records ~~~~.~ID~~D 1111111111111111111111111111111111111111111111 $61.00 01162807200900168,;;61010012 04/02/2009 01 :06: 15 PM RPR-PART Cnl=l Sln=l CASHIER 05 $40.00 $10.00 $11.00 This document is . Land Partition Plat No. 2009-P2351 Owner: Peacehealth Dedicatee:' City of Soringfield Twn. 17S Rng.3W Sec. 22 LANE COUNTY DEEDS & RECORDS ~ - Parcels ~ - Stickers . ---'l..- - Res. Numbers Date Received: APR -: 3 2009 Final Submittal III f-7 r~ AFTER RECORDING RETURN TO: Lane County Surveyor's Office Division of Chief uepuly Clerk Lane Counly Deeds and Records ~~~~.~ID~~1 After recording return to: PeaceHealth PO Box 1479 Eugene, OR97440-1479 111111111111111111111111111111111111111111111 $51.00 01062810210901168570061069 04/02/200901:06:15 PM RPR-ESMT Cnl=l Sln=l CASHIER 05 $30.00 $10.00 $11.00 DECLARATION OF RECIPROCAL EASEMENTS This Declaration of Reciprocal Easements is made by PeaceHealth, a Washington Non- Profit Corporation hereinafter referred to as Declarant. . Red tals: A. Declarant is the owner of that certain real property in Lane County, Oregon, and more particularly described on Exhibit A attached hereto and by this reference incorporated herein ("RiverBend Lot 8"). B. Declarant is partitioning the RiverBend Lot 8 into two separate parcels. Parcell is described on Exhibit B attached hereto and by this reference incorporated herein ("Parcel I"). Parcel 2 is described on Exhibit C attached hereto and by this reference incorporated herein ("Parcel 2"). C. Declarant desires to create reciprocal easements on the RiverBend Lot 8 for the benefit of the Owners of any and all portions of Parcels I and 2 and their respective heirs, successors, assigns, grantees, mortgagees, tenants, and subtenants. NOW, THEREFORE, Declarant hereby declares as follows: AGREEMENT: 1. Easements. 1.1 Ingress, Egress, and Parking. Declarant declares, grants, creates, and reserves for Declarant, its assigns, grantees, and successors in interest having record title to any portion of the RiverBend Lot 8 (hereinafter referred to in the aggregate as "Owners") and each Owner's respective employees, agents, patients, invitees, and tenants, and the employees, agents, patients, and invitees of each Tenant and for the benefit of and as a burden upon the RiverBend Lot 8 an appurtenant non-exclusive easement for the purpose of ingress and egress by vehicular and pedestrian traffic, and for vehicle parking upon, over, across, and through the RiverBend Lot 8 at designated parking areas. 1.2 Utility Lines. Declarant declares, grants, creates, and reserves for itself and for each Owner, and for the benefit of and as a burden upon the RiverBend Lot 8, an appurtenant non-exclusive easement under, through, and across the RiverBend Lot 8 for the installation, maintenance, repair, and replacement of water drainage systems or structures, water mains, storm drains, sewers, water sprinkler lines, telephone or electric Page 1 - DECLARATION OF RECIPROCAL EASEMENTS C:\Documents anc~ Settings\phifar\Local Settings\Temporary Internet Files\OLK148\Declaration of Recipricol Easements clean 021009 (2).doc conduits or systems, gas mains, and other utility facilities necessary for the orderly development and operation of the RiverBend Lot 8. The rights granted pursuant to such easements shall at all times be exercised in such manner as to cause the least interference with the normal operation of the RiverBend Lot 8 and provided further, except in an emergency, the right of any Owner to enter upon the Parcel of any other Owner for the exercise of any right pursuant to such easements shall be conditioned upon obtaining the prior written consent of such other Owner for the exercise of any right pursuant to such easements, which consent shall not be unreasonably withheld or delayed. All systems, structures, mains, sewers, conduits, lines, and other utilities shall be installed and maintained below the surface of ground level of such easements. In the event an Owner deems it necessary to cause the installation of a storm drain, utility line, or sewer to cross the RiverBend Lot 8, subsequent to the 'initial p.aving and improving thereof, the respective Owner agrees not to unreasonably withhold the granting of any necessary additional easements. Such Owner m'ay withhold its consent if such installation would unreasonably interfere with the operation of any business on the RiverBend Lot 8 or with Owner's plans for the development of its Parcel. The Owner making or causing such installation shall, at its. sole cost and expense, completely restore to its original condition all improvements and surfaces disrupted as a result of such installation. . 1.3 Emergency Exit. Each Owner, as grantor with respect to its Parcel, hereby grants to each other Owner as grantee and for the benefit of its Parcel, an 'easement for any emergency exit from a building (not to exceed six feet). 2. Notices. Any notice or demand given or served by any Owner to another shall not be deemed to have been duly given or served, unless in writing, personally delivered, or forwarded by postage prepaid certified, or registered mail, return receipt requested, or by another commercially recognizable means of delivery which maintains delivery records (such as federal express) addressed to the address of the Owner shown on the real property tax records. Notices and demands shall be deemed effective upon receipt. The person(s) and place(s) to which notices are to be given may be changed by the Owners by written notice to the other Owners. 3. Attorney's Fees. In the event legal proceedings are commenced to enforce any , of the terms of this Declaration, the prevailing party in such action or any appeal, shall have the right to recover reasonably attorney's fees and costs from the other party to be fixed by the court in the same action. 4. Duration. The easements contained herein shall be perpetual. 5. Modification and Approval. Except as otherwise provided herein, any approvals required under this Declaration or any modification to this Declaration requires the written consent executed by all of the Owners. 6. General Provisions. 6.1 Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the RiverBend Lot 8 to the general public or for any public purposes whatsoever. It being the intention of Declarant that this Declaration be strictly limited to and for the purposes herein. Page 2 - DECLARATION OF RECIPROCAL EASEMENTS C:\Documents andSettings\phifar\Local Setlings\Tempofiiry Internet Files\OLK148\Dec1aration of Recipricol Easements clean 021009 q).doc 6.2 Captions. The captions in this Declaration are for convenience only and do not constitute a part of the provisions hereof. 6.3' Governing Law. This Declaration shall be construed and enforced in accordance with and governed by the laws of the State of Oregon. 6.4 Inurement. This Declaration and easements, covenants, benefits, and obligations created hereby, shall inure to the benefit of and be binding upon each Owner and its' assigns. Acceptance of any deed or other conveyance of an estate in the RiverBend Lot 8 after recording ofthis Declaration shall be an acceptance of the terms of this Declaration. ' PEACEHEALTH, a Washington Non-Profit Corporal' ~ , . By: ~..- !,1fL-PYNC-J C.U, 'f~t.:TIf lPf1}::!<p,.J (l.EQt()fJ =-~ - ~:::.c:; Title STATE OF OREGON ) ) ss. ) County of Lane This instrument was acknowledged before ~Q\ 'P", ~9J ,as c..f Corporation.. \ - me this 5O~day of rV\ nrch.. 2009, by for PeaceHealth, a Washington Non-Profit ,(,f I'u'., ., us? Notary Public for regon q. / J 2.12(\/'/ My comrrusslOn expires: 0( V U ~ , ..~=- ".-'''---'';JI-,;... C;::::"~'_',1.t. s~t~l fl;It:? ta 'D ~03E NOTP.,FJ ;?1_;-.'UC ~ OHEGON . H,.....'t.' "'.\ \!t") '19409 " COMi'i;~.:','';;, "..~:'_'''e -1 iMY COMMjSS10;'~ ~){P~I'\ES >JEPT. 23. 201 J Page 3 -DECLARATION OF RECIPROCAL EASEMENTS C:\Documents and Settings\phifar\Local Settings\Temporary Internet Fi1es\OLK148\Dec1ara~ion Of Recipricol Easements clean 021009 (2).doc Exhibit A RiverBend Lot 8 Lot 8 Subdivision of RiverBend, Phase II as platted and recorded as CS File No. 41070, Document number 2008-030895, Lane County, Oregon Deeds and Records. Exhibit A Page 1 Exhibit B Parcell Parcell Land Partition Plat Number 2009-P 235/ Lane County Oregon Plat Records Exhibit B Page 1 , Exhibit C Parcel 2 Parcel 2, Land Partition Plat Number 2009-P 23.5/ Lane County Oregon Plat Records Exhibit C Page 1