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HomeMy WebLinkAboutEasement Easement 2007-3-28 (2) Division of Chief Depuly Clerk Lane Counly Der '- and Records ~~~1.~~~~~~ ' II I I I $31 . 00 00894744200700205290020021 03/28/2007 08:13:01 AM RPR-ESMT Cnl=1 Sln=1 CASHIER 05 $10.00 $10.00 $11.00 DECLARATION OF A VARIABLE WIDTH PRIVATE JOINT-USE ACCESS & UTILITY EASEMENT ' KNOW ALL MEN BY THESE PRESENTS, that Alberts Development, L.L.C., is the owner of Lots 115,116,117,118,121 and 122, MOUNTAINGATE 2nd ADDITION, as platted and recorded MarCh 28, 7002, Reception No. 2.007- 20S~, Lane County Official Records, Lane County, Oregon. FURTHER, the Owners, Heirs or Assigns of Lots 115, 116, 117, 118, 121 and 122 of said Subdivision will share a variable width Private Joint Use Access &. Utility Easement across Lots 117 and 122 as shown on Exhibit "A," attached hereto and incorporated herein, for access to Lots 117 and 122 and for the benefit of Lots 115, 116, 117, 118, 121 and 122, and enter into aMaintenance Agreement. NOW THEREFORE, it is hereby agreed and declared that: 1. The Owners, Heirs and Assigns of the above named Lots 115, 116, 117, 118, 121 and 122 of said Subdivision shall share equally in the costs of maintenance and operation of said Easement. 2. The Owners, Heirs and Assigns of said Lots may construct and maintain private utilities over and across said Easement. 3. The Owners, Heirs and Assigns of said Lots shall cauSe said Easement to remain free of structures and parked vehicles and shall be available for access to the public road at all times. 4. Maintenanc.e shall be undertaken at such time as the majority ofthe owners, being served by said Easement deem it desirable. 5. Emergency vehicles shall have the right to enter upon said Easement for the purpose of emergency vehicle access. Declared this I~ day of fAJret,H- ,2007. ALBER\~;LO~LC (JJ PI Af\ Todd M. Alberts, Me1[r State of Oregon ) County of Lane )ss . 1 . --:;(, /) Personally appeared before me on this /11 j' day of ft'f j)/2r:f:-/; . 2007, the above named Todd M. Alberts and acknowledged to be his voluntary act and deed as a member of Alberts Develooment. LLC. . /0 '-1/ . ',. '~~7~.jJd/~dl~ Notary Public for Oregon / My Commission Expires: .// /,30;/ tOy . / /' . ;...: ':,',,""_-., I ., I... .... '"_ ,,-. i..,:, ~: .!", f\;! . ',.:,1 ." ;.' I.:., ""."n:-:,,-"'.,E._!'-'.. , i 2;,.]J3 After recording return to: Olson & Morris, 380 Q Street, Suite 200, Springfield, OR 97477 F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Access.Utility.117.122.doc ,. .. EXHIBIT '',A'' MOUNTAINGA TE 2ND ADDITION 115 . 116 J1887 SF , , ' , , , , , " , , , , ...... , " 117 44221 SF ''\ 26.00' PRIVATE JOINT-USE ACCESS ct UTlLflY EASEMENT FOR THE BENEFIT OF LOTS 115, 116. 117. 118. 121 ct 122 (SHADED) N t. 118 22840 SF /" /" /" /" /" /" /" /" /" /" ~=OJ"55 ~3N R=225.00' AL= 15.42 , -... 122 44378 SF 120 20937 SF ~ ~ ~ ~ ~ """'" '=' \~ ., \ --.-- After recording return to: Olson & Morris, 380Q Street, Suite 200, Springfield, OR 97477 F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Access.Utility.117 .122.doc