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HomeMy WebLinkAboutEasement Easement 2007-3-28 (3) .. , '.:~ ~ Division of r' f Deputy Clerk Lane County~. s and Records ~~~1.~~~~~1 AFTER RECORDING RETURN TO: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 . I. I I $36 ,00 01;94142200100205210020035 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 ZB-f1II of tlAdrLh 2007, by Alberts Development 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:ar(.-h 28 , 2007, Reception No. 2,DO 7 ~ zo.s Z 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 MOUNTAINGATE 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 repaitthe damage at their sole expense. F:\PROJECTS\3286 . Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117 .doc Page 1 00 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. STATE OF OREGON, County of Lane) ss. This instrument was acknowledged before me on _A&~ ;( I , 2007, by Todd Alberts, as manager of Alberts Development. L.L.C. . on behalf ofthe company. 'I...~u'.,~: ------..--.--..,--.. __"'__''1; I .;~~i;}c f.DP:?rr,~;~.~~:'-:i'k "; I .';i?:::J) I\,;j -: ;,:': ,: !,F,t<,~ ; L );;:"-:..,." , "r:' .'; "::;', ~101'<J . I\'i"'L,:t,:~~.~.,:. . ,......:.. . , _~_.~::::~:'...;::;_ . ..:: 1]\/ 2009 '--~"::~'=--;''''''''''''-~~-'",-,;, ..,.~ ,~a/~ Notary Public for Oregon / My commission expires: )/ /S?/ /~ 9 F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117 .doc Page 2 00 .. EXHIBIT '~" MOUNT AINGA TE 2ND ADDITION ....... 115 ~ to.37' ,~ ' .f:; . ~.:-.... tj .~>::-. ...... " ........, .n ,........, ~-?,.... ",:0".. ,':' . ..s"... . '"'~ .... 116 31887 SF 117 44221 SF '''I 10.00' PRIVATE UTILITY EASEMENT FOR THE 8ENEF1T OF LOTS 115, 116, 117. 118. 121 AND 122 (SHADED) '~ ~ 118 22840 SF , , , " , ,. 122 44378 Sf 120 20937 SF --- F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.116.117.doc Pagd of3