HomeMy WebLinkAboutEasement Easement 2007-3-28 (3)
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Division of r ~f.Depuly Clerk
Lane Counly. Js and Records
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AFTER RECORDING RETURN TO:
Olson & Morris
380 Q Street, Suite 200
Springfield, OR 97477
I $36,00
0089474220070020527002~035
03/28/2007 08:13:01 AM
RPR-ESMT Cnl=1 Sln=1 CASHIER 05
$15.00 $10.00 $11.00
DECLARATION OF 10-FOOT PRIVATE UTILITY EASEMENT
This Declaration of Easement is made and entered on this Z8f1t1 of ~rt:J-,
- 2007, by Alberts Develooment L.L.C., (hereinafter referred to as "Declarant").
RECITALS:
A. Declarant is the owner of Lots 115,. 116, 117, 118, 121 and 122 of
MOUNTAIN GATE 2ND ADDITION, as platted and recorded
/V\d.r~ Z:B. , 2007, Reception No: ~D07 ~ z.o5Z I Lane
County Official Records.
. B. Declarant desires to create a 10.00 foot wide easement over a portion of said Lots
. 116 and 117 for the purpose of private utilities. for the benefit of Lots 115, 116,
, 117, 118,121 and 122 of said MOUNTAIN GATE 2ND ADDITION.
AGREEMENT:
1. Declarant hereby grants, assigns and reserves a perpetual l.o.00-foot wide
easement for the installation, repair, maintenance, replacement and inspection of
private utilities, as shown .on Exhibit "A" attached hereto and incorporated herein.
2. The easemerit includes all rights of ingress and egress to and from the real estate
necessary for the use, enjoyment, operation and maintenance of the easement
hereby granted and all rights and privileges incident thereto.
3. No improvements of a permanent nature, including but not limited to buildings,
shall be constructed over, upon, or across said easement.
4. During the existence of this easement, maintenance of the easement and costs of
repair of the easement, if damaged by natural disasters or other events for which
all holders of an interest in the easement are blameless, shall be the responsibility
of the owners of Lots 115, 116, 117, 118, 121 and 122 of said
MOUNTAIN GATE 2ND ADDITION, to share and share alike.
5. During the existence of this easement, holders of an interest in the easement who
are responsible for damage to the easement because of negligence or abnormal
use shall repair the damage at their sole expense.
F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117.doc
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. This agreement shall bind and inure to the benefit of, as the circumstances may require,
not only the parties hereto. but also their respective heirs, executors, administrators,
assigns, and successors in interest.
IN WITNESS WHEREOF, the undersigned has'caused this Agreement to be executed on
the day and year first written above.
ALB
NT, L.L.C.
J
STATE OF OREGON, County of Lane) ss.
This instrument was acknowledged before me on ..-A/lp_~ ;( I . 2007, by
Todd Alberts. as mana!!er of Alberts Develonment. L.L.C. , on behalf of the company:
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Notary Public for Oregon
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My commission expires: / ~ '/ t. 7
F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117 .doc
Page 2 00
115 ~ 10.J7'
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120
20937 SF
EXHIBIT "~,,
MOUNT AINGA TE 2ND ADDITION
116
31887 SF
117
44221 SF
10.00' PRIVATE UT/LDY EASEI/ENT
FOR THE: BENEFIT OF
LOTS 115, 116. 117, 118.
121 AND 122
(SHADED)
118
22840 SF
F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\EsmtPvtUtility, 116.117 .doc
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122
44378 Sf
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