HomeMy WebLinkAboutAgreement APPLICANT 7/9/2010
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DECLARATION OF PRIVATE MAINTENANCE AGREEMENT
RECITALS:
Breeden Bros., Inc. is the owner of the following described real property located in the
Northeast 1/4 and Northwest 1/4 of Section 30 located in Township 17 South, Range 2
West of the Willamette Meridian, more particularly described as:
Lots 12,13,15 and 16, River Heights as recorded29 x;,. ,2010,
Document No. 2010- ~o309 , Lane County, Oregon Official
Records
DECLARATION OF MAINTENANCE AGREEMENT:
1. Aqreement Created. Breeden Bros., Inc. does hereby creates a perpetual
Maintenance Agreement to augment that certain 10.00 foot Private Storm Drain Easement
along the common lot line between Lots 12 and 16 of River Heights to benefit Lots 13 and
15, River Heights as shown on Page 7 of 9 of River Heights and created per the
Declaration on Page 9 of 9 of River Heights being for the mutual exclusive use of said Lots
13 and 15, River Heights.
2. Purpose. This Declaration of Private Maintenance Agreement is created to allow
construction, maintenance, use and repair of private underground utilities necessary
to serve Lots 13 and 15, River Heights. Said easement is exclusively for a Storm
Drain.
3. Use of Burdened Propertv. The owners or occupiers of the properties affected by
the Maintenance Agreement shall have the right to use their property, including the area
described as the easement, for any purpose as long as the owners or occupiers do not
interfere with the use of the easement as granted by this instrument.
4. Maintenance and Repairs. The cost of any maintenance or repair of the area within
the easement shall be shared equally between the owners of said Lots 13 and 15, River
Heights, 50% for the owner of each lot.
5. Successors in Interest. The provisions of this instrument touch and concern, and
relate to the use of said Lots 12, 13, 15 and 16, River Heights, and are intended to be
covenants and restrictions running with the land.
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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After recording return to:
Breeden Bros., Inc.
366 East 40th Avenue Suite 250
Eugene, Oregon 97405
11111111111 1111111111111111 II 11111111111111111111 $47,00
01157021201000303120020020 15
06/29/2010 09:03: AM
RPR-AGRE Cnl=1 Sln=1 CASHIER 05 _ f'. _I D
S10.00 $10.00 $11'DBa'~Elp$:eived: I J _
Planner: SH
Private Maintenance Agreement (Lots 12,13.15.16) - Page 1
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All provisions of this instrument, including the benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own any of the aforementioned tracts.
Dated this day of :Jf\ PI'< . 'l!.u -, 2010.
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Robert L. Breeden, President
Breeden Bros., Inc.
., OFFICIAL SEAL
. . KATRINA ANTONETTE KING
" ' I,OTAlW PUBUC-OREGON
. COMMISSION NO. 409560
MY COMMISSION 8<PiRES AUG. 31, 201 0
STATE OF OREGON)
)ss
County of Lane )
There personally appeared before me the above named Robert L. Breeden, President,
Breeden Bros., Inc., who being duly sworn, said that he is the owner of the land described
hereon and he acknowledges the foregoing instrument to be his voluntary act and deed.
Subscribed and sworn to before me this '2Ls, ~
day of MA Y
,2010
ot ry Public for Oregon
My om mission Expires: A-U9'
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Private Maintenance Agreement (Lots 12.13.15.16) - Page 2
Date Received: I -C) -II)
Planner: SH