HomeMy WebLinkAboutEasement Easement 2007-3-28
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Divi~ion of Chie~tY Clerk
Lane County Deeds and Records
2001.020~JJ
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'0894748200700215330020037---
03/28/2007 08:13:01 AM
RPR-ESMT Cnt=1' Sln=1 CASHIER 05
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DECLARATION OF V ARIABLEWIDTH PRIV A TE UTILITY EASEMENT 0? A /'\ )
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This Declaration of Easement is made and entered on this ZEJ.A. of fv(ar & , ~
2007, by Alberts Develooment. L.L.C.. (hereinafter referred to as "Declarant").
AFTER RECORDING RETURN TO:
Olson & Morris
380 Q Street, Suite 200
Springfield, OR 97477
RECITALS:
A. Declarant is the owner of Lots 126~ 129, 130, 139, 141 and 143 of
MOUNTAIN GATE 2ND ADDI1:ION, as platted and recorded
Mar(:h ? .9. . 2007, Reception No. 2-Do7 - ZDS'2"r , 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
MOUNT AINGA TE 2ND ADDITION, to share and share alike.
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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.
This agreement shall bind and inure to the benefit of, as the circumstances may require,
( )C.). ClRst only the parties hereto but also their respective heirs, executors, administrators,
\~:J c: C~. a:~rsigns, and successors in interest. '
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I" 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 ./1 /1/ jl.-'~ :z / , 2007, by
Todd Alberts, as manager_of Alberts DeveloDment. L.L.C. . on behalf of the company.
...........- ....",,--...
OFFIC!AL SEAL
LOREnA S CHAPMAN
NOTARY F'USUC-OREGON
, COLHvilSS'ON NO. 399211
MY COMMISSIGi~ EY.?iRE5 NOV. 30, 2009
!)-z~AJa~
Notary Public for Oregon /
My commission expires: J!) 3?;/C.P
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EXHIBIT' .vA n
MOUNTAINGATE 2ND ADDITION
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