HomeMy WebLinkAboutEasement APPLICANT 6/25/2007
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DECLARATION OF JOINT USE ACCESS
EASEMENT AND MAINTENANCE AGREEMENT
RECITALS:
1. Declarant: This Declaration of Joint Use Access Easement
and Maintenance' Agreement is declared and granted by TWIN
BUTTE MORTGAGE, INC., an Oregon Corporation ("Grantor"), in
favor of Mccabe 'Investments .Limi ted Partnership, and Twin
Butte Mortage Inc. McCabe Investments Limited Partnership is
the owner of Parcell, as described on Exhibit "A". Twin
Butte Mortgage, Inc. is the owner. of Parcels 2 and 3, as
described on Exhibit "A".
2. Subject Property: Grantor is the owner of fee title to
.the real property described on' Exhibi t "B".
3. Purpose: This Declaration
for access and maintenance.
Exhibit "C".
establishes a private easement
Said easement is described on
4. Consideration: The consideration for this easement is
other than mone~ary.
WITNESSETH:
NOW, THEREFORE, in consideratio~ of the foregoing recitals,
which are expressly made a part of this Declaration of Joint
Use Access Easement and Maintenance Agreement ," the
undersigned hereby declares as follows:
(1) Declaration
declared, granted,
.exclusive easement
from Parcels 1, 2,
of Access Easement:
conveyed and created a
as a means of ingr,ess
and 3, as described on
There. is. hereby
perpetual and non-
and egress to and
Exhibit. "A".
(2) The property .crossed ("burdened") by said easement is
described. on Exhibit "B".
(3) The properties served ("benefitted") by said easement is
described on Exhibit "A".
(4) Extent: The easement created by this declaration are not
personal or in gross but are appurtenant to every portion of
the properti benefitted.
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Division 0' Chle' Deputy Clerk ,~~, ~1~nnD
Lane County Deeds and Records ,~~,.~ v~~g
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02/21/200201:57:00'PM
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Date Received: ! '
Planner: AL.
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(5) Exclusive: Said easements shall run with the properties
herin described and shall be binding on and inure" to the
benefi t of the parties hereto, their hei"rs, successors, or
assigns.
(6) Maintenance: Any party may cause .the Access Easement
right of way or any. portion thereof to' be maintained or
repaired.' The party causing said maintenance or repair to be
done shall pay for such work, and other persons using the
Access Easement shall be liable for contribution based on
that party's relative use proportional to the total roadway
use. This payment shall be made in a timely manner, not to
exceed 30 days, from the date of receipt of proof of
expense.
(7) Taxes: Real property taxes' shall be paid by the owners
of the property upon which t~e easement is located.
(8) Indemnification: Each party shall indemnify and save any
other of the parties harmless from any liability, loss or
expenses resulting from that ~arties 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 ~f the other parties'
failure to contribute to the expenses of maintenance of the
Access Easement. '
(9) The eas'ements' created hereby shall
manner consistent with applicable local,
regulations and permits and with all
easements, and restrictions of record.
be exercised in a
state, and federal
other .conditions,
.fJ.lU~ ;fJ~
~a:k' President lof
Twin Butte Mortgage, Inc.,
an Oregon Corporation
:L~J. (- 6 ~
Date
State of Oregon)ss
County of Lane)
Personally appeared before me, Don Haase, president~. Twin
But~~e, Inc., an Oregon Corporation, on this day
of 'J , 2002, and .acknowledged the oregoing
instrument t~ be his voluntary act.and deed.
AJJc
r Oregon
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OFFICIAL SEAL
. . MARIE GONZALES
\ } NOTARY PUBLIC, OREGON
..... .... COMMISSION NO. 336781
. MY COMMISSION EX~R,ES utl.IT.lUM "
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Notary Public
My Commission Expires:
. Date Received:~/~OJ
Planner: AL .
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Exhibit ."A"
Parcel I:
Beginning at the Southwest corner of Lot 12, Frederic, as
platted and recorded in Book 4, Page 67, Lane County oregon
Plat records; thence West 220.00 feet; thence North 116.83
feet; thence East 220.00 feet; thence South 116.83 feet to
the Point of Beginning in Lane County, Oregon.
Parcel 2:
Beginning at the Northeast corner of Lot 13, FREDERIC, as
platted and recorded in Book 4, Page 67, Lane County Oregon
Plat Records; thence along the Northerly line of Lot 13
North 890 26' 00'" West 35.00 feet to the True Point of
Beginning; thence leaving said Northerly line South 00 19'.
00" West 15.00 feet; thence North' 890 26' 00" West 50.00
feet; thence South 500.00' 00" West 76.88 feet; thence North
890 26' 00" West 81. 38 feet; thence North 0" 19' .00" East
65.00 feet to the aforementioned Northerly line of Lot 13;
thence along said Northerly line South 890 26' 00" East
190.00 feet to the True Point of Beginning.
Parcel 3:
Beginning at the Northeast corner of Lot 13, FREDERIC, as
platted and. recorded in Book ~, page 67, Lane County Oregon
Plat Records; thence along the Northerly line of Lot 13
North 890 26' 00" West .35.00 feet; thence leaving said
Northerly Line South GO 19' 00" West 15.00 feet to the True
Point of Beginning; thelOc'e South 00 19' 00" West 115.00
feet.; thence North 89" 26' DO" West 190.00 feet; thence
North 0" '19' 00" East 65.00 feet; thence South 890 26' 00"
East 81.38 5eet; then...:e North 500 00' 00" East 76.88 feet;
ther,ce SOuth 89' 26' 00" East. 50.00 feet to the True Point
of Beginning. .
Date Received: ~/lJ/~
Planner: AL
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Exhibi t '''B''
The North one-half of Lot 13,
recorded in Book 4, Page 67,
Records, Lane County, Oregon.
FREDERIC, as
Lane County
EXCEPT the South 100 feet thereof.
platted and
Oregon Plat
ALSO EXCEPT the West 25.00 feet thereof conveyed to the City
of Springfield by deed recorded August 12, 1968, Reception
No. 34906, Lane County Oregon Deed Records,. Lane County,
Oregon.
Date, Received'
Planner: AL
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Exhibit "c"
Beginning at the Northeast corner of'Lot 13, FREDERIC, as
platted and recorded in Book 4, Page 67, Lane County Oregon
Plat Records, Lane County, Oregon; thence along the
Northerly line of said Lot 13 North 890 26' 00" West 35.00
feet to the True Point of Beginning; thence leaving said
Norther ly line South 00 19' 00" West 26.00 feet; thence
North 890 26' 00" West 62.90 feet; thence North 00 19' 00"
East 26.00 feet to the aforementioned Northerly line of Lot
13; thence along said Norhtherly line South 890 26' 00" East
62.90 feet to the True Point of Beginning.
Date, Received:
Planner: AL
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