HomeMy WebLinkAboutEasement APPLICANT 7/22/2010
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Recorded at the request of and
after recording return to:
Date Received:
JUL 2 2 2010
Branch ,Engineering, Inc.
310 fifth Street
Springfield, OR 97477
Original Submittal
DE CLARA TION OF PRIVATE UTILITY EASEMENT
The true and actual consideration for this declaration is other than monetary.
RECITALS:
1) SHALECE M.B.AMOR TRUST, UA 6/28/02, TRUSTEE ANDREA MCKINNEY, Grantor,
is the owner of Parcel 1 of Land Partition Plat Number 2008-P2306 as platted and recorded
in the Lane County Oregon Partition Plat Records.
2) The owner is dividing said real property into two parcels as shown on Land Partition Plat No.
2010-P as partitioned and recorded in Lane County Oregon Partition Plat
Records.
3) The owner desires to create easements and define maintenance responsibility on certain areas
and facilities for the benefit offuture owners of the parcels as described below.
DECLARATION OF EASEMENTS:
A) Easement Created: Grantor hereby creates a perpetual easement for the benefit of Parcels
I and 2 over that certain area designated as "V ARIABLE- WIDTH PRIVATE UTILITY
EASEMENT" on said partition plat and shown in Exhibit 'A' as attached hereto and made a
part hereof as said easement lies in Parcels I and 2 for private utility purposes.
B) 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
croSSIngs.
C) Use of the Burdened Property: The owners or occupiers of the parcels 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 access easement areas, including the agents, employees,
tenants, and invitees of said owners.
D) Maintenance and Repairs: The cost of any maintenance or repair of private utilities lying
within the easement areas will be the responsibility of the owner of the respective facility
where the facility serves one owner and shall be split equally between the owners of the
Parcels served by the respective facility where the facility serves multiple owners.
E) Successors in Interest: The provisions of this instrument touch and concern, and relate to the
use of Parcels 1 and 2 of said' partition, 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 parcels.
IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE UTILITY
EASEMENT on this ? 2 "'.,{ day of ':J V L '"( , 20 I O.
Andrea McKinne , T tee
Shalece M.B. Amor Trust, UA 6/28/02
. OFFICIAL SEAL
, ANGELA ERWIN
\. ) NOTARY PUBLIC. OREGON
'./ COMMISSION NO. 421788
MY COMMISSION EXPIRES SEPTEMBER 26. 2011
STATE OF OREGON )
)ss
County of Lane )
On this 'Z 2 AiD day of 'J u..... '\ , 20 I 0, before me personally appeared Andrea
McKinney and acknowledged the foregoing instrument to be her voluntary act and deed as Trustee
of the Shalece M.B. Amor Trust, UA 6/28/02.
affcJt-- 2(~
Notary Pub ic for Oregon
DECLARATION OF PRIV ATE UTILITY EASEMENTS
Page I of2
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EXHIBIT 'A'
LOCA TION OF PRIVATE UTILITY EASEMENT
MAIN STREET (McKENZIE HlfY - HlfY 126)
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PARCEL 2 I
9408 SQ. FT. 1
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PARCEL 1
8403 SQ. FT.
PRIVATE UTILITY EASEMENT
AS DESCRIBED HEREfN
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DECLARA TrON OF PRlV ATE UTILITY EASEMENT
Page 2 of2
Date Received:
JUL 2 2 2010
Original Submittal
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