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HomeMy WebLinkAboutEasement Easement 2007-3-28 Qivision of Chief Depuly Clerk Lane Counly Deer nd Records ~~~1.~~~oJ~ AFTER RECORDING RETURN TO: Olson & MOITis 380 Q Street, Suite 200 Springfield, OR 97477 I $36.00 00894745200700205300020036 03/28/2007 08:13:01 AM RPR-ESMT Cnl=1 Sln=1 CASHIER 05 $15.00 $10.00 $11.00 DECLARATION OF VARIABLE WIDTH PRIV ATE UTILITY EASEMENT This Declaration of Easement is made and entered on this 26.r'l of M;U-uh 2007, by Alberts DeveloDment L.L.c., (hereinafterreferred to as "Declarant"). RECITALS: A. Declarant is the owner of Lots 115, 116, 117, 118, 121, 122, 123 and 124 of MOUNTAIN GATE 2ND ADDITION, as platted and recorded f.I\,a("'(..,h ZA , 2007, Reception No.ZoD7 -2-0$2-/ , 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 lIS, 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 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\EsmLPvt.Utility.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, 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. ~BERC;yLO , L.L.c. Todd Alberts, Manag~ STATE OF OREGON, County of Lane) ss. This instrument was acknowledged before me on /4"/d!./'iC>.,-{f ;( / ,2007, by Todd Alberts. as manager of Alberts Develomuent. L.L.C. . on behalf of the company: r;Y~;t~~=T":S;~Cf~~~~~~~~;,~~~"="~l", : I .""'''.'''../;) tf'J"...'I.':.<.:,....,..\."on'.,.~ ,I li~~~b~~?}~~,~}<01!~t9 i ;zt--L./~--4id-. .~j t~k!#~~>&_ Notary Public for Oregon' / My commission expires: J J / 3 ~~.' /c. }) / /' F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.117, 122.124.doc Page 2 of3 ExlIIBIT'~ " " ---------- . - 116 31887 SF MOUNTAINGATE 2ND ADDITlON , " " , , " " , " " , " , " , /, ~ t 118 228-:0 SF " \ \ \ \ I , 1:-:-:'.1 , 11),,1) laE-:-:-:,- /:"'1:1 ...: L-m~ 44378 SF' ' 1 :t,I.::-:-_ . .(..-. ~ __. "Q- . ,VtWIABLEWlD7H PRlVA,TE"J ---'J 'r.:~::~.~ IJTlUTY EASEMENT FOR THE 14.00' /U. :' BENEfIT OF LOTS 115. 116. ,-:::'. 117, 118,121,122. 12i ,I t~:~:::;~ &- 124 (SHAlJED) I ' -_....._.~ ~ f.-:.', ~ 1 ~, [::=-::~-&1 ,,1.... ~t-'" V) .. -... , , -.-:.- , L.. , 16.75' r/O-OD' <:84'4S'31"W 134.86 .n_.::> . . .' ~_.... ._.._.......~..-.-----..-.-_.............._..:...-.._....._-.... S79'43'30W 126.27 ~'fj,.~':f.;':; ;;'i,,:os-r/r~ -- 8.58' ' 123 11939 SF F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\EsmLPvL Utility. I I 7. 122. 124.doc Page 3 of 3