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HomeMy WebLinkAboutEasement Easement 7-3-28 ." . Division of Chief t _y Clerk Lane Counly Deeds ana Records ~OOI.0~OO~J AFTER RECORDING RETURN TO: Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 , _ J '_ n . . __ ~ _ __ n .. ... . .. _ $36 . 00 '08941482001002'533'020031 03/28/2007 08:13:01 AM RPR-ESMT Cnl=l Sln=l CASHIER 05 $15.00 $10.00 $11.00 LQlo1D ~~ DECLARATION OF VARIABLE WIDTH PRIVATE UTILITY EASEMENT ~ This Declaration of Easement is made and entered on this ZEJA.. of "-'lar& 2007, by Alberts Develooment L.L.C.. (hereinafter referred to as "Declarant"). RECITALS: A. Declarant is the owner of Lots 126, 129, 130, 139, 141 and 143 of MOUNTAIN GATE 2ND ADDITION,as platted and recorded tv\arc.h ~ . 2007, Reception No. '2-DD7 - .2.DSZI , Lane County Official Records. B. Declarant desires to create a variable width easement over a portion of said Lots 126, 129, 139, 141 and 143 for the purpose of private utilities for the benefit of Lots 126, 129, 130, 139, 141 and 143 of said MOUNTAINGATE 2ND ADDITION. 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 126, 129, 130, 139, 141 and 143 of said MOUNTAIN GATE 2ND ADDITION, to share and share alike. F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.139,141.143,doc Page 1 00 ~' .. 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~.::>-:::....... ,,-\ (-''''''"1,.\ \ '. ( .' ) X.1fhis agi~lli.€ht shall bind and inure to the benefit of, as the circumstances may require, I C ~. Jot only the parties hereto but also their respective heirs, executors, administrators, 0('fJJ...:l.ssigns, 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 /./11 /:)./I2-f'!'~ 2. / ,2007, by Todd Alberts. as manager. of Alberts Develooment. L.L.c. . on behalf of the company. . -~.-"':-'~,.~.,.,' ,I ,/t~JrJu~~ N~~ Public for Oregon / My commission expires: JI/3?;/C7 / /' OFFIC!A.L SEAL LOP-EliA S CHAPMAN NOTARY FusUe-oREGON , CQf,11vi!SSION NO. 399211 MY COMMISSION D:,?itiES [.mv. 3D, 2009 F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.139.141.143.doc Page 2 on ~ , , EXHIBIT 'A II MOUNT AINGA TE 2ND ADDITION .-- (Z~; -- I ~ . '. . .#... <'. 'k.,4, I / / / ( 140 I 10390 SF < '" / ~ \ 138 20329 SF 130 I F:\PROJECTS\3286 - Mountaingate\CORRESPONDENCE\Phase 3B\Esmt.Pvt.Utility.139.141.) 43.doc Page3 of 3 ~