HomeMy WebLinkAboutEasement APPLICANT 5/20/2009
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After recording return to:
Michael and Joan Woolen
72A Centennial Loop, Suite 130
Eugene, OR 9740 I -
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11111111111111111111111111 ""111111111111111 $41.00
0116546200901190341030030
04/14/2009 09:28:36 ~
RPR-EsnT Cnt=2 Stn=6 CASHIER 07
$5.00 $19.00 $10.00 $11.00
DECLARATION OF 26' WIDE PRIVATE JOINT USE
ACCESS AND UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
A. Declarant: This Declaration of Joint Use Access and Utility Easement and Maintenance
Agreement is made by Michael B. Wooten and Joan C. .wooten the owners of the real property
described as WOOTEN, and the Access and Utility Easement as described in Exhibit. A..
B. Purpose: This Declaration of Joint Use Access and Utility Easement and Maintenance
Agreement is made to specifically provide for:
(I) Access to Lots 4 and 5 of WOOTEN, and
(2) Maintenance requirements of the Access Easement, and \
(3) Installation and maintenance of utilities, and
(4) Responsibilities for all persons who are or who may become parties using said easement.
WlTNESSETII:
Now therefore in consideration of the foregoing recitals, which are expressly made a part of this
Declaration of Private Joint Use Access Easement and Maintenance Agreement, the undersigned
hereby declares as follows:
(I) Declaration of Private Joint Use 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 4 and 5 of said WOOTEN. It is further declared and provided that said
Access and Utility 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 the Access
and Utility Easement are provided.
(2) Extent: The easement created by this declaration are nol personal or in gross but are
appurtenant to each said Parcel.
(3) Duration of Covenants Binding or Successors and Assigns: The easement created by this
declaration shall be pennanent and perpetual and shall constitute covenants running with the land
and shall be binding on and inure to the benefit of all heirs, successors and assigns of Lots 4 and
5 of said WOOTEN.
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Date Received:. .<! w \0'1 ','
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(4) Exclusive: The Private Access and Utility Easement provided herein shall be exclusive to
owners, heirs, successors and assigns (and their guests) of Lots 4 and 5 of said WOOTEN or any
portion thereof and each shall be entitled to use the Access Easement for the vehicular and
pedestrian access purposes for which it is provided.
(5) Maintenance: Any property owner of Lots 4 and 5 of said WOOTEN may cause the Access
and Utility Easement right of way or any portion thereofto be maintained or repaired. The party
causing said maintenance or repair to be done shall pay for such work, and other property owners
of Lots 4 and 5 of said WOOTEN using the Access and Utility 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.
(6) Taxes: Real """,,..y 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 pennitees, 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 Access Easement.
(8) Further Documents: In the event that any further grants or easements are required to
document and effectuate the easement created herein for Lots 4 and 5 of said WOOTEN or
portion thereof, Grantors each represent that each will execute said grants of easements.
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Michael B. Wooten
Date
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lJ3IIC. Wooten
Date
1/119/0<1
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State of Oregon)
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County of Lane)
The above named Michael B. Wooten and Joan C. Wooten, ackriowledged the foregoing before
me this 9' day of .N"'I) , 2008.
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Notary Public for oregon
My Commission Expires:~/.,,) ,;J 1 .,;)<PIt>
Date Received'
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: . OFFICIALSEAL
:," TERESA ElEE
" ) NOTARY PUBLIC. OREGON
: \" ,,/ COMMISSION NO. 41149B
, MYCOMI.ISSION _
ad:
MAY 1 9 2009
Cln"'\ c::llbmittal
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Exhibit "A"
Easement Descriotion:
Beginning at a point on the Northerly margin of 'H' Street, said point beil1g1.17 feet
South 82033' 30" West of the Southwest corner ~fLot I9, Block I, MARYLHURST, as
platted and recorded in Book 12, Page 27, Lane County Oregon Plat Records; thence
along said Northerly margin of 'H' Street, North 820 33' 30" West 26.20 feet; thence
leaving said Northerly margin,'North 0017' 30" East I2I.94 feet; thence South 890 46'
07" East'26.00 feet; thence South 00 17' 30" West I25.44 feet to the point of beginning in
Lane County, Oregon.
Date Received: s-h..D\ DC)
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