HomeMy WebLinkAboutEasement APPLICANT 7/10/2009 (2)
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DECLARATION OF EASEMENT FOR SANITARY SEWER
AND MAINTENANCE AGREEMENT
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Pursuant to ORS 205.234. the following Information Is provided:
1.
Name of Transaction:
Declaration of Easement for Sanitary
Sewer and Maintenance Agreement
Amlgos III, LLC, an Oregon limited liability company
2.
3.
Name of Partv:
Person to Whom Documents to be Retumed:
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4.
5.
6.
True and Actual Consideration:
Please Send Tax Statements to:
Information Reoulred bv ORS 205 125:
None
No Change
N/A
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KNOW ALL PERSONS BY THESE PRESENTS, that Amigos III, LLC, an Oregon limited
liability company, hereafter ("Declarant") hereby declare the follo'Xing:
RECITALS
WHEREAS, Declarant Is the owner of that certain real property as more particularly
described in that deed recorded May 21,2004, at Instrument No. 2004-038460, OffiCIal Records
of Lane County, Oregon, which property is hereafter referred to as Parcell;
WHEREAS, Declarant is also the owner of that certain real property as more particularly
described in that deed recorded April 1, 2004, at Inst",ment No. 2004-023227, Official Records
of Lane County, Oregon, which property is hereafter referred to as Parcel II:
WHEREAS, Parcel I and Parcel II are adjacent to each other in that the eastem
boundary of Parcel II is a portion of the westem boundary of Parcell;
WHEREAS, the Declarant desires to create an easement regarding installation of a
private sanitary sewer line on Parcell pursuant to the terms and conditions of this declaration.
WITNESSETH
NOW, THEREFORE, Declarant declares the following:
1. Recitals: The recitals set forth hereinabove are made a part of this declaration as
1 - Declaration of Easement for Sanitary Sewer
and Maintenance Agreement
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though fully set forth herein.
2. Declaration of Easement Owner hereby declares the following easement with
respect to Parcels I and II:
Owner as the owner of Parcel I, for itself, its heirs, successors and
assigns, hereby grants and conveys to itself as the owner of Parcel II, its heirs,
successors and assigns, an Easement across that portion of Parcel I more
particulariy described as follows, to-wit:
Beginning at a point on the west line of the property of the
Grantor, which point lies South a distance of 324.98 feet from the
northwest comer of said property; thence East a distance of 10.00
feet; thence North parallel to the west line of said property a
distance of 198.20 feet; thence West a distance of 10.00 feet to a
point on said west property line; thence South a distanr.e of 198.20
feet to the Point of Beginning.
for the purposes of installation and maintenance of a private sanitary sewer line running
from the northeastem comer of Parcel II to an existing sewer line located on Parcell.
This Easement shall include a temporary Easement for Declarant, as the owner
of Parcel II to enter onto Parcel I for the purpose of Installing and constructing the
private sanitary sewer line within the Easement. Upon completion of installation and
construction, the surface of the real property subject to the Easement shall be restored
to the same condition as existed prior thereto.
Nothing herein shall be construed to prevent the owner of Parcell from using the
Easement area for any lawful purpose which is not incompatible with the terms of the
Easement granted hereunder.
3. Maintenance; To the extent of any damage to the sanitary sewer line caused by the
negligence or wilful act of the owner of Parcell, or any employee, contractor, invitee, tenant,
successor or assign of the owner of Parcell, all repairs and maintenance to the sanitary sewer
line installed In the Easement shall be the responsibility of the owner of Parcel II. To the extent
necessary to perform maintenance and repairs, the owner of Parcell grants to the owner of
Parcel II an Easement to enter onto Parcell for said purposes. Upon completion of repairs or
maintenance, the surface of the real property subject to the Easement shall be restored to the
same condition as existed prior tr,areto.
4. Indemnification: Liability InsuranC\l: Each owner hereby agrees to indemnity and hold
the other owner harmless from any and all liability arising out of any act or omission resulting
In injury to person or damage to prope~, caused by said owner, or the employees, tenants,
contractors or invltees of said owner, within the Easement described hereinabove. Each owner
further agrees to procure at its own expense a policy of liability insurance protecting all affected
owners from any claims or liabilities arising within the Easement. .
5. Aopurtenance: The Easement and covenants set forth herein are not personal or
in gross but are appurtenant to each and every parcel of the property more particulariy
described and set forth hereinabove.
6. Successors and Asslons: The Easement and covenants granted herein shall run
with the land herein described and shall be binding on and shall Inure to the benefit of the
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and Maintenance Agreement
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parties hereto, their heirs, successors and assigns.
7. Breach and Remedies: Afailure by any party or their heirs, successors and assigns,
to perform any of the conditions or obligations specified herein, shall constitute a breach of this
agreement. In the event of a breach, the nonbreaching party shall have the rightlo pursue any
and all remedies available, both at law or in equity, speCifically including but not limited to,
injunctive relief, it being acknowledged that there may not exist an adequate remedy at law.
8. ~: All the rights hereunder are cumulative, and no waiver of any breach of this
agreement shall effect any subsequent breach. No exercise or partial exercise of any remedy
shall be construed to preclude the exercise of any other remedy or of the remainder of any
such partially exercised remedy at a later time, or of the same remedy at a later time.
9. Effect of Aareement: TIlis agreement contains the full, final and exclusive statement
of the contract of the parties hereunder. No warranty, express or Implied by either party arisBs
apart from tilis writing. If any part of this contract 15 adjudged invalid, the remainder of this
contract shall not thereby be invalidated.
10. L1tiaation Exoenses: In the event this contract is placed in the hands of an attorney
for enforcement of the provisions contained herein, the prevailin~ party shall be entitled to
reimbursement from the other party a sum equal to all legal costs, Includlng but not limited to,
costs of trial, any appeal therefrom and costs of execution of any judgment, Including
reasonable attorneys' fees Incurred by said prevailing party as a result of the breach.
Executed on the .&.ffiay of 4'ff"'.ft' , 2005.
AMIGOS III, LLC, an Oregon limited
liability~
~ ~!,~~
Title: ~di!AJ
STATE OF OREGON )
County of Lane ) 55. /J1~ ~ f /0 ,2005
Personally appeared the above-named ~""A......;I. ~""N"".f , as
f:{I1/(''('' of Amlgos III, LLC, an Oregon limited ha Ihty company, 0 acknowledged the
oregomg instrument 10 be ils volunla'Y act and deed. Before me.
~~s~e.~"1~
o ry ubhc or Oreg
_ O"ICCAl.8EAl.
ueLlSSA A ZIMMER
, NOTARY PUBL.lC-OREGON
. ,. COMMISSION NO. 358181
MY COMMISSION EXPIRES JUNE 8, ZOOI
3 _ Declaration of Easement for Sanitary Sewer
and Maintenance Agreement
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IllI 1 0 2009