HomeMy WebLinkAboutEasement APPLICANT 11/6/2008
Recorded at the request of and
after recording return to:
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11111111111111111111111111111 '1111111111111111 $31.00
01029787200 ;00557-;70021026 10/07/2008 11 :02: 10 AM
RPR-ESMT Cnl=l Sln=6 CASHIER 07
$10.00 $10.00 $11.00
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Division of Chief r'~"uly Clerk
Lane Counly Deeds , Records
Branch Engineering, .Inc.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF PRIVATE JOINT USE ACCESS AND
PRIV ATE UTILITY EASEMENTS
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) A) GORDON P. HOERAUF, as an individual, and (B) GORDON PAUL HOERAUF and
DUANE EARL HOERAUF, as co-trustees of the Hoerauf Living Trust, bated September
28, 1990, and any amendments thereto, are the owners of the lands that are described in that
Warranty Deed that was recorded February 10, 2004 at Recorder's Number 2004-009198,
and that Warranty Deed that was recorded October 2, 1990 in Reel1657R at Recorder's
Number 9047357, respectively, 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 the Hoerauf Subdivision
Plat as 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 I and 2 ovei that certain area designated as "21.00 PRlV ATE JOINT USE ACCESS
AND UTILITY EASEMENT" on said plat as said easement lies in Lot I for private access
and private utility purposes.
B) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lots 3, 4 and 5 over that certain area designated as "21.00 PRlV ATE JOINT USE ACCESS
AND UTILITY EASEMENT" on said plat as said easell1ent lies in Lots 3, 4 and 5 for
private access and private utility purposes. ,
C) Easement Created:DECLARANTS hereby create a perpetual easement for the benefit of
Lot 2 over that certain area designated as "10.00 PRlVATE SANITARY EASEMENT" on
said plat as said easement lies in Lot I for private sanitary sewerpurposes.
D) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lot 3 over that certain area designated as "5.00 PRIVATE SANITARY-EASEMENT" on
". said plat as said easement lies in Lot I for private sanitary sewer purposes.
E) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lot 2 over that certain area designated as "3.00 PRlV A TE UTILITY EASEMENT" on said
plat as said easement lies in Lots I and 3 for private utility purposes.
F) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lots 5 and 6 over that certain area designated as "5.00 PRlVATE UTILITY EASEMENT"
on said plat as said easement lies in Lots 5 and 6 for private utility purposes.
G) Easement Created: DECLARANTS hereby create a perpetual easement for'the benefit of
Lots 5 and 6 over that certain area designated as "5.00 PRlV ATE UTILITY EASEMENT"
on said plat as said easement lies in Lot 4 for private utility purposes.
H) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossmgs.
\ I) Use of the Burdened Prooertv: 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 access easement areas, including the agents, employees,
tenants, and invitees of said owners. .
J) Maintenance and Renairs: The cost of any maintenance or repair of the driveway and
improvements within the easement area shall be split equally between the owners of the
benefitting lots. The cost of any maintenance or repair of private utilities lying within the
DECLARATION OF PRIVATE JOINT USE ACCESS AND
PRIV ATE UTILITY EASEMENTS
Page I of2
Date Received:
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easement areas will be the responsibility of the owner of the respective facility.
K) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of all lots on said plat, 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.
IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE
ACCESS AND PRlV ATE UTILITY EASEMENTS on this Ie.. day of Ai.. (1'1 ,2008.
7
~/ HOERAUF ING TRU ;r DATED
SEPTEMB 28, 19
A I? r/l4J~
'Gordon P. Hoerauf ( - Gordo P. Hoerao, e?Trustee
(aka Gordon Paul Hoerauf)
STATE OF OREGON
)
)ss
)
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f';-;,,~~;- , OFFICIAL SEAL'" :
i:,~':'~;,; ,ANGELAERWIN,';." "
',.',', ~'{~l NoiARHUBLlC. OREGON':
" ~" COMMISSION NO. 421788.
\('. MY COMMISSION EXPIRES SEPTEMll,R 26. 2011
8:s:<,.~. -or -e ?? TV .. . os _~'-- - - ~
County of Lane
On this f (;., day of No. r. ~ , 2008, before me personally appeared Gordon P. Hoerauf and '
acknowledged the foregoing instrument to be his voluntary act and deed, both as an individual and
as a Co-Trustee of the HoeraufLiving Trust, dated September 28,1990.
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Notary Pu6lic for Oregon
IN WITNESS WHEREOF, I have executed this DECLARATION OFPRlVATE JOINT USE
ACCESS AND PRlV A TE UTILITY EASEMENTS on this /(., day of /l-Lu u , 2008.
I
HOERAUF LIVING TRUST DATED
SEPTEMBER 28; 1990
fJu A0 P C:vtt1/(~/U /
Duane Earl Hoerauf, Co-Trustee!
STATE OF OREGON )
)ss
County of Lane )
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,", i ANGELA ERWIN!
, ,,' NOTA '
,,' COMM~:,'~LlC'OREGON~:', I
MY COMMISSION E)(PIRiis.NEC.A~P8~' , " ;~J, ,;. "
- , ' PTEMBER'26,'201.iJf;:"
On this I '" day of ~lr'l'i' .2008, before me personally appeared Duane Earl Hoeraufand
acknowledged the fqregoing mstrument to be his voluntary act and deed as a Co-Trustee of the
HoeraufLiving Trust, dated September 28,1990. '
C""'-oJ;, p,.",:,--
Notary Public for Oregon
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Date Received:
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DECLARATION OF PRIVATE JOINT USE ACCESS AND
PRIVATE UTILITY EASEMENTS'
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