HomeMy WebLinkAboutEasement APPLICANT 1/29/2010
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After recording return to: .
Don Haase
Division of Chi~epulY Cle~k
Lane Counly Deeds and Reco~ds
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10/30/2009 10:20:32 AM
JAN 2- 9 2010 RPR-ESMT Cnl=2 Sln=l CASHIER 05
$5.00 $20.00 $10.00 $11.00 $16.00
D~X~!-F V ARIABLE-WIDTH PRIVATE JOINT USE ACCESS
AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT
RECITALS:
A. Declarant This Declaration of Private Joint Use Access and Utility Easement and
Maintenance Agreement is made by Twin Butte Mortgage, Inc., an Oregon corporation, the
owner of the real property described as SKYCHIEF PARK, recorded as Document Number
2009- 6/0 <r'2 in Lane County Official Deed Records. The Access Easement is
described on the attached Exhibit "A" and shown on the attached Exhibit "B".
B. Purpose: This Declaration of Private Joint Use Access and Utility Easement and
Maintenance Agreement is made to specifically provide for:
(I) Access to Lots 1,2 and 6 of said SKYCHIEF PARK, and
(2) Maintenance requirements of the Access Easement, and
(3) Installation and maintenance of utilities, and
(4) Maintenance of storm water facilities, and
(5) Responsibilities for all persons who are or who may become parties using said easement.
WITNESSETH:
Now therefore in consideration of the foregoing recitals; which are expressly made a part of this
Declaration of Private Joint Use Access and Utility 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 I, 2 and 6 of said SKYCHIEF PARK. 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. Said easement shall also be used for
emergency vehicle access. It is expressly understood that no rights outside the Access and Utility
Easement are provided.
(2) Extent: The easement created by this declaration are not personal or in gross but are
appurtenant to each said Lot.
(3) Duration of Covenants Binding or Successors and Assigns: The easement created by this
declaration shall be permanent 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 I, 2
and 6 of said SKYCHIEF PARK.
(4) Exclusive: The Access and Utility Easement provided herein shall be exclusive to owners,
heirs, successors and assigns ( and their guests) of Lots I, 2 and 6 of said SKYCHIEF PARK or
any portion thereof and each shall be entitled to use the Access Easement for the vehicular,
pedestrian access and utility purposes for which it is provided.
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(5) Maintenance: Any party may cause the Access and Utility 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 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) Storm Water Facilities Maintenance: All lots using the Joint Use Access Easement will share
in the cost of maintaining the shared storm water facilities located within the easement area. Said
lots will also have the right drain storm water from their lot to the storm water facilities within
the Access Easement. Any private utility lines from lots to the Access Easement storm water
facilities will be maintained by the owner of the lot to which they benefit, at their expense.
(7) Taxes: Real property taxes shall be paid by the owners of the property upon which the
easement is located.
(8) Indenmification: 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 permitees, 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 and Utility Easement_
(9) Further Documents: In the event that any further grants or easements are required to
document and effectuate the easement created herein for Lots 1, 2 and 6 of said SKY CHIEF
PARK or portion thereof, Grantors each represent that each will execute said grants of
easements.
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~nald e, President of
Twin Butte Mortgage, Inc.
Date
I-I(~ -00/
· . RECEIVED
JAN 2-9 2010
State of Oregon)ss
County of Lane)
By:
AJ ;Z:--.
The above named, Donald Haase, as President
corporation, acknowledged the foregoing
~~^7{ ~009.
Notary Public for ore~
of Twin Butte Mortgage, Inc., an Oregon
before me this ~ day of
My Commission Expires: ~"h",-k. ~i -2-0ll
.
OFFICIAL SEAL
AARON M ZEH
NOTARY PUBLIC - OREGON
COMMISSION NO_ 420885
MY COMMISSION EXPll3gS. SEPIA 2011
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Exhibit ;'A"
Easement Description:
Beginning at a point Being North 89026' 00" West 33.40 feet from a point that is North 00 19'
00" East 918.08 feet from the East Southeast comer of the Reuben R. Harper Donation Land
Claim Number 57, Township 17 South, Range 2 West of the Willamette Meridian, said point
also being on the Westerly margin of South 42nd Street; thence along said Westerly margin,
South 00 41' 48" West 129.67 feet; thence leaving said westerly margin, North 89026' 00" West
379.64 feet to the True Point of Beginning, said point being on the Easterly margin of South
41" Place; thence along said Easterly margin, North 00 19' 00" East 30.00 feet; thence South 890
26' 00" East 41.25 feet; thence North 500 00' 00" East 53.31 feet; thence North 0019' 00" East
24.23 feet; thence South 720 20' 46" East 21.20 feet; thence South 890 26' 00" East 76.01 feet;
thence South 00 19' 00" West 21.00 feet; thence North 890 26' 00" West 67.47 feet; thence
South 500 00' 00" West 53.79 feet; thence South 400 00' 00" East 20.00 feet; thence South 500
00' 00" West 12.00 feet; thence North 400 00' 00" West 20.00 feet; thence South 500 00' 00"
West 29.04 feet; thence North 890 26' 00" West 38.37 feet to the True Point of Beginning in
Lane County, Oregon.
RECEIVED
JAN 2'92010
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LOT 2
8,380 SO. FT. LOT 3
'" 8,307 SO.FT.
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.,; LOT 1
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7,577 SO.FT.
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z LOT 6 LOT 4 b
~ 8,537 SO.FT. LOT 5 8,113 SO.FT.
8,369 SO.FT. en
(N 89'26'00. W 379.64)2+4