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HomeMy WebLinkAboutEasement Easement 2007-3-28 (5) .'.- (. ,1... .... Division of Ch.~f Deputy Clerk Lane County Deeds and Records l007.0l0~l7 AFTER RECORDING RETURN TO: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 I $36 , 00 ~J894742200700205270021035 03/28/2007 08:13:01 AM RPR-ESMT Cnt=1 Stn=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 ZBf1II of ~r.-: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 M~ 28 , 2007, Reception No.1-Do7 ~ z.o.sZJ 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 1O.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 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 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 Page I of3 . '... :.~ J .:" :' ! ( 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. STATE OF OREGON, County of Lane) ss. This instrument was acknowledged before me on Ad_~ 2 I , 2007, by Todd Alberts, as manalZer of Alberts DeveloDment. L.L.C. . on behalf ofthe company. r-:-,~.---~-~-~-'-=. "'C"'____...' : ~ :,?cgCE':'jLC''!;MAN .. . ; 1~;;~t, ';<":: :" _ )'(: ':~~N ; . I1'L,__.. " ,:< i.J!. 2009 ..;.....:;...".=:..=----,-........-..:"Q..:.;;L;~..".;._~ ~ ~a/~ Notary Public for Oregon My commission expires: ) / /,3 p /t:' 9' F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117.doc Page 2 of 3 115 ~ ,~ ~ ~. ~ ........... tr ,:.~. ...... , ""..., ,l"~ ':::.., v:".--"-- ,.... ~i<a .... a-sr-'. ~ . ~ ..... " t ........ 120 20937 SF EXHIBIT '~" MOUNT AINGA TE 2ND ADDITION 116 31887 SF 117 44221 SF 10.00' PRIVATE tffI/JTY EASEMENT FOR THE BENEFIT OF LOTS 115, 116, 11 ~ 118. 121 AND 122 (SHADED) 118 22840 SF F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117.doc { ~ ~ 122 44378 SF - ---- Page 3 of3