HomeMy WebLinkAboutEasement APPLICANT 1/29/2010 (2)
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,After recording return to:.
Don Haase
143 Madison Street
Eugeoe, OR 97402
Division of Chi4ltDepUly Clerk
Lane Counly Deeds and Records
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01111547200900610440040040
10/30/2009 10:20:32 AM
RPR-ESMT Cnl=2 Sln=l CASHIER 05
$5.00 $20.00 $10.00 $11.00 $16.00
DECLARATION OF VARIABLE-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 Donald Haase and Twin Butte Mortgage, Inc, an Oregon
corporation, the owners of the real property described as SKYCHIEF PARK, recorded as
Document Number 2009- 6/09'2 in Lane Courity 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 3-5 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 ea~~-9 2010
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RECEIVED
WITNESSETH:
By:
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 3-5 of said SKYCHlEF 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 3-5 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 3-5 of said SKYCHIEF PARK or any
portion thereof and each shall be entitled to use the Access Easement for the vehicular,
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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) Stonn Water Facilities Maintenance: All lots using the Joint Use Access Easement will share
in the cost of maintaining the shared stonn water facilities located within the easement area. Said
lots will also have the right drain stonn water from their lot to the stonn water facilities within
the Access Easement. Any private utility lines from lots to the Access Easement stonn 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) Indemnification: Each party shall indemniJY 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 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 3-5 of said SKYCHIEF PARK or
portion thereof, Grantors each represent that each will execute said grants of easements.
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DtS'nald H .
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Date
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Twin Butte Mortgage, Inc.
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RECEIVED
State ofOregon)ss JAN 2' 9 2010
County of Lane) 8 :. tl~
The above named, Donald Haase and Donald Haase, as President of Twin ~e ~-7rgage, mc.,
an Oregon corporation, acknowledged the foregoing before me this II:; day of
'}"o.;.,) ,2009.
dh
Notary Public for 0re'2---
My Commission EXPires:~F""1tu.1/"' "3; '20\1
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O'FICIAl SEAL
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NO"'J~h'\' 9UBLlC - OREGON
Ci".1:"'':JS:>'-\'Ii NO 420885
MY CUI,'?'i] . ::)(:":T'~ES GEPT 3.2011
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Exhibit "An
Easement Description:
Beginning at a point Being North 890 26' 00" West 33.40 feet from a point that is North 00 19'
00" East 918.08 feet from the East Southeast corner of the Reuben R. Harper Donation Land
Claim Number 57, Township 17 South, Range 2 West of the WilIamette Meridian, said point
also being on the Westerly margin of South 42"d Street; thence along said Westerly margin,
South 00 41' 48" West 26.00 feet; thence leaving said westerly margin, North 890 26' 00" West
31.66 feet; thence South 500 00' 00" West 54.83 feet; thence South 430 31' 06" West 25.73 feet;
thence North 40000'00" West 24.15 feet; thence North 500 00' 00" East 44.23 feet; thence North
31057' 49" West 10.29 feet; thence North 0019' 00" East 24.71 feet; thence South 890 26' 00"
East 78.65 feet to the point of he ginning in Lane County, Oregon.
RECEIVED
JAN 2' 9 2010
By: d)L'-
LOT 2 LOT 3
N 8,380 SO.FT. 8,307 SO.FT.
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oi LOT 1
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7.577 SO. FT.
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z LOT 6 LOT 4
~ 8,537 SO.FT, LOT 5 8.113 SO.FT.
8,369 SO.FT.
(N 89'26'00" W 379.64)2+4