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Home My WebLink AboutEasement APPLICANT 1/5/2009 (2) ,,.. . . i .. '" . - .. / Division of Chief Deputy Clerk Lane County Deeds and Records '. 2~~5-002m 11111111 1111l1li1111111111111111 1111 11m II ~IIII $41.00 00724525200500621270030036 08/10/200501:47:23 PM RPR-ES"T Cnt:2 Stn=15 CASHIER 07 $5.00 $15.00 $10.00 $11.00 DECLARATION OF EASEMENT FOR SANITARY SEWER AND MAINTENANCE AGREEMENT ..***********************************...***.*****......*****************.. Pursuant to ORS 205.234, the following information is provided: Declaration of Easement for Sanitary Sewer and Maintenance Agreement Name of Partv: Amigos III, LLC, an Oregon limited liability company Person to Whom Documents to be Returned: ~N 7J.:~5 ~~t'~~4".M.:! '?1'/R' , , 1. Name of Transaction: 2. 3. True and Actual Consideration: None 4. 5. 6. Information Reauired bv ORS 205.125: No Change N/A Please Send Tax Statements to: ..*************************.******************.*****.**.*****.****........ KNOW ALL PERSONS BY THESE PRESENTS, that Amigos III, LLC, an Oregon limited liability company, hereafter ("Declarant") hereby declare the follo\Y.ing: 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 Instrument 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 eastern 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 PRE-SUBMITTAL REC'D JAN 0 5 2009 . . .. , 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 particularly 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 corner 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 distance 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 ofthe 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 thereto. . 4. Indemnification; Liability Insurance: Each owner hereby agrees to indemnify and hold the other owner harmless from any and all liability arisin~ 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 invitees 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. Aoourtenance: 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 particularly described and set forth hereinabove. 6. Successors and Assians: 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 2 - Declaration of Easement for Sanitary Sewer and Maintenance Agreement PRE-SUBMittAL REC'O JAN 0 5 2009 . . ... J .. .'" parties hereto, their heirs, successors and assigns. 7. Breach and Remedies: A failure 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 right to 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. Waiver: 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: This agreement contains the full, final and exclusive statement of the contract of the parties hereunder. No warranty, express or implied by either party arises apal1 from tllis writing. If any part of this contract IS adjudged invalid, the rE'mainder of this contract shall not thereby be invalidated. 10. Litiaation Exoenses: In the event this contract is placed in the hands of an attorney for enforcement of the provisions contained herein, the prevailing party shall be entitled to reimbursement from the other party a sum equal to all legal costs, including 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 / t) JlHday of 4v-Cl/JY , 2005. / AMIGOS III, LLC, an Oregon limited Iiability~ ~ ~!L1/~ Title: ~/11~ STATE OF OREGON ) : ss. /Jrdc AJ 1/ County of Lane) u ""(Y' ~ 0, 2005 Personally appeared the above-named ~oI<'A'" I. "7K;'If/~~ , as /J1~lI1d~,(. of Amigos III, LLC, an Oregon limited liability company, who acknowledged the foregoing instrument to be its voluntary act and deed. Before me. ~~~~g~flJ~ . OFFICIAL SEAl.. MELISSA A ZIMMER " i NOTARY PUBLIC-OREGON . ,,' COMMISSION NO. 356131 MY COMMISSION EXPIRES JUNE S, 2006 3 - Declaration of Easement for Sanitary Sewer and Maintenance Agreement PRE-SUBMITTAL RECIO JAN 0 Ii 2009