HomeMy WebLinkAboutEasement Easement 2007-3-28
~
, .( ;~
Division of Ch Depuly Clerk
Lane Counly Deew~ and Records
~~~1.~~~oJ~
;1
00894745200700205300020036
03/28/2007 08:13:01 AM
RPR-ESMT Cnl=l Sln=l CRSHIER 05
$15.00 $10.00 $11.00 (P5\4 Rres+
DECLARATION OF VARIABLE WIDTH PRIVATE UTILITY EASEMENT '?idq~
$36,00
AFTER RECORDING RETURN TO:
Olson & Morris
380 Q Street, Suite 200
Springfield, OR 97477
This Declaration of Easement is made and entered on this ze -/''1 of q.J,:;U-vh
2007, by Alberts DeveloDment. L.L.C.. (hereinafter referred to as "Declarant").
RECITALS:
A. Declarant is the owner of Lots liS, 116, 117, 118, 121, 122, 123 and 124 of
MOUNTAIN GATE 2ND ADDITION, as platted and recorded
fV\,;art...h 2A , 2007, Reception No.2oD7 -2052.1 , Lane
County Official Records.
B. Declarant desires to create a variable width easement over a portion of said Lots
117, 122 and 124 for the purpose of private utilities for the benefit of said Lots
115, 116, 117, 118, 121, 122, 123 and 124.
AGREEMENT:
1. Declarant hereby grants, assigns and reserves a perpetual variable width easement
for the installation, repair, maintenance, replacement and inspection of private
utilities, as shown on Exhibit "A" attached hereto and incorporated herein.
2. The easement 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, 122, 123 and 124 of said
MOUNT AINGA TE 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.PvtUtility.117.122.124.doc
Page I of3 .
>;
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,
, ;,,"-''I';:''.~'.assili?:s;J~d successors in interest.
. -.' ..\ I,; -',.'
(' ~ ~ "," '" .
... f f",\" ,_.
\,' ,
....., \-t.
.' j IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed on
the day and year first written above.
ALBERTS DEVELO
CJ7f "
, L.L.c.
Todd Alberts, Manag~
STATE OF OREGON, County of Lane) ss.
This instrument was acknowledged before me on ~!d/;I..-c_-..,{ ;? / ,2007, by
Todd Alberts, as manager of Alberts DevelODn1ent. L.L.C. . on behalf of the company.
~r.:-=:::';;;'fl~tt~.l;.z;r.:t!:t.~"'!:!=.:c.~''l."'''''\1;;=.......-=-.,...",-r==:.,::-..<.l.l:;'::::''~''~'
1 Of-'-I~"L -, I "
1 ' J.-r- C,i-\ St.::../\L, ... ,r I'
I ,!nT .-: :~..-,.'~. r~?i ~~!~~~~i~:~~U\Y ~.!
I [,- '..., I , I......,J./,.!'L-I-;,'!~
L~~~~.~,~_~!::~~JEj'r~:~~?~L)!,:)~\~~~~'.~=~~j
~;J~~Jd~~~
Notary Public for Oregon /
My commission expires: ))/3c;,/c .7
/ .--
F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.117.122, 124.doc
Page 2 of3
..... ;\ J
.-
'" ... .,. ,
EXlIIBIT'~ "
MOUNT AINGA TE 2ND ADD1TlON
"
N
t
118
22840 SF
\
\
\
\
\
I .
I"'~
~ r:.-.
122 ~ t.:.:.:.
44J78 SF I .... i::~:~ ~
VNfIABLE, "WlO7HPRIVA, TEJ '--J' ,[:=::::~
lRfLITY EASEMENT FOR THE 14.011' .:::
BDlEflT OF LOTS 115, 116,' ,''1-::.
117, 118, 121, 122, 123, I [:::=:=.~
&- 124 (500[0) " , [=~.='=, t;;
it: f::.'. ~
~ [=:=:::~'Si
;..1..:::
, ~L_.
C. on
r'O'(}{)' c;84'46'31'W 134.86' ....~:.:':'.
I '{, ,~............:::::::::.{.:::~...
579'43'30" 126.27 t!,:,:;::::g#r....;;;-;;;~..-I" -
8.:'>8'
123
11939 SF
"
F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.117.122, 124.doc
Page 3 of3