HomeMy WebLinkAboutEasement APPLICANT 10/27/2009
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Recorded at the request of and
after recording return to':
Branch Engineering, In~.
310 Fifth Street
Springfield, OR 97477
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIVATE UTILITY AND PRIVATE STORM DRAINAGE
EASEMENTS
The true and actual consideration for this declaration is other than monetary.
RECITALS:
I) WILLIAM E. CURRAN, TRISHA 1. EDWARDS, AND KLM CAPITOL INC., Grantors,
are the owners of the lands described in the Deed that was recorded November 13, 2007 at
Recorder's Number 2007-076512, in the Statutory Warranty Deed that was recorded May 15,
2009 at Recorder's NUmber 2009-026394, and in the Estoppel Deed that was recorded March
9,2009 at Recorder's Number 2009-011755, respectively, all 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 Rosemont Cottages as
platted and recorded or , 2009 in Lane County Oregon Plat
Records.
3) The owners desire to create easements and define maintenance responsibilities 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 2, 3, 4, and 5 over that certain area designated as "28.00' PRIVATE JOINT USE
ACCESS, UTILITY AND DRAINAGE EASEMENT" on said subdivision plat as said
easement lies in Lots I, 2, 3, 4, 5, and 6 for private access and utility purposes. .
B) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of
Lots 2, 3, 4, 5 and 6 over that certain area designated as "28.00' PRIVATE JOINT USE
ACCESS, UTILITY AND DRAINAGE EASEMENT" on said partition plat as said
easement lies in Lots 1,2,3,4,5, and 6 for private storm drainage and treatment purposes. .
C) 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.
D) 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 easement area, including the agents, employees, tenants,
and invitees of said owners.
E) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway and
storm drainage improvements within the easement area shall be split equally between the
owners of Lots 2, 3, 4, and 5. The cost of any maintenance or repair of private utilities lying
within the easement areas will be the responsibility ofthe owner of the respective facility.
F) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of Lots I, 2, 3, 4, 5 and 6 of said subdivision, 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.
Date Received:
OCT 2 7 2009
Original Submittal.
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIV ATE UTILITY AND PRIVATE STORM DRAINAGE
EASEMENTS
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IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE
ACCESS, PRIVATE UTILITY AND pRfv A TE STORM DRAINAGE EASEMENTS on this
~ 71:- ~nf<n." ,2009.
William E. Curran
r~ro~ I~c
David Ne n as ~~'f
ofKLM Capital Inc.
STATE OF OREGON )
)ss
County of Lane )
On this !?-3 day of ~ t2 ,-,+,'"" b.rr . 2009, before me personally appeared William
E. Curran and acknowledged the foregoing instrument to be his voluntary act and deed.
~ - - - - OFFiCiAL: SEAL - - ---;:
o !g.~.: ANGELA ERWIN r
,,' ,\,..;/ NOTARY PUBLIC.. OREGON I
": ,'''' COMMISSION NO. 421788 I
':. '" MY COMMISSION EXPIRES SEPTEM~ER 26. 2011, "
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Notary Sigllature
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.. Cl",,",.lc. P.f"u.;..~
, YPnnted N~e of Notary
, Not!UJ' Public - Oregon
STATE OF OREGON
)
)ss
)
,.
County of Lane
On this 0..<;" day of SJnk;" 1,( v , 2009, before me personally appeared Trisha 1.
Edwards and acknowledged the foregoing instrument to be her voluntary act an~ deed.
. _._..:...~-,,-,-,--"""-- ....::=~-:~(
'~.~ OFFICIAL SEAL ;
~1"- ',' ANGELA ERWIN
",' ..' '", NOTARY PUBLIC.. OREGON ' I
i,' """" COMMISSION NO. 421788" ' ,~
;i MY COMMISSION EXPIRES SEPTEMBER 26, 2011 "A
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atfL ~I~"-
, Notary Signature
'~"Q<Jc... 2r",,;~
Printed Name of Notary
Notary Public - Oregon
STATE OF OREGON )
)ss
County of Lane )
On this .21 day of ~../
Nelson as '? ~.. .. of KLM
instrument to be their voluntary act and deed.
. 2009, before me personally appeared David
Capitol, Inc. and, acknowledged the foregoing
'~~.--~~~~~---~~~~~~I
f. OFFICIAL SEAL
I BRENDA LEE CARUN
I ~ / NOTARY PUBLIC.. OREGON
I' COMMISSION NO. 418749,
j MY COMMISSION EXPIRES JUNf 7, 2011
l. ______~_ ____ _.__.._______-1
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Notary Signature
Cak
'bY"t:.nJc... L",€.
Printed Name of Notary
Notary Public - Oregon
(?al. \in....
Date Received:
DECLARATION OF PRIVATE JOINT USE ACCESS, OCT 2 7 2009
PRIVATE UTILITY AND PRIVATE STORM DRAINAGE
EASEMENTS Ori(1ir,11 S;lbmiltal
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