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HomeMy WebLinkAboutEasement APPLICANT 6/25/2007 , ..f. ! '. 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. ...' Division 0' Chle' Deputy Clerk ,~~, ~1~nnD Lane County Deeds and Records ,~~,.~ v~~g t" 111111111 """111111111111111111"111 $46'.00 JJ~6~J7~200~0J139980050056 02/21/200201:57:00'PM RPR-ES"T Cnt:1 Stn:7 CASHIER 08 $2!l.00 $10.00 $11.00 . ~/l'/~oJ Date Received: ! ' Planner: AL. j 1 (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 )IJ.?? tit! 'f" ,"..'''.'''.'.... ....-.cAo] OFFICIAL SEAL . . MARIE GONZALES \ } NOTARY PUBLIC, OREGON ..... .... COMMISSION NO. 336781 . MY COMMISSION EX~R,ES utl.IT.lUM " (~--~---------. . . . ., - - ~~ --- \.. Notary Public My Commission Expires: . Date Received:~/~OJ Planner: AL . ~ --,,:,._," . . - 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 4llIIIII '"' '. . , 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 t,/z..r-!,JoD7 / / '" . 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 . <_ "'-_ c..;:':'::,-,:::.__,,"<. .. +".: ._~ t-/2--)//;;OO7 / /