HomeMy WebLinkAboutAgreement APPLICANT 7/9/2010 (2)
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Division of Chle~eputy Cle~k
Lane County Deed~d Reco~ds
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01157022201000303130020027 06/29/2010 09:03: 15 AM
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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 1/40f Section 30 located in Township 17 South, Range 2
West of the Willamette Meridian, more particularly described as:
Lots 18 and 19, River Heights as recorded.29 eJ;;/? . ,2010,
Document No. 2010- 3o.~o 7' , 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 20.00 foot Private Access and Utility
Easement over Lot 19, River Heights to benefit of Lots 18 and 19, 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 18 and 19, River Heights.
2. Purpose. This Declaration of Private Maintenance Agreement is created to allow
construction, maintenance, use and repair of private driveway and underground
utilities necessary to serve Lots 18 and 19, River Heights. Said utilities include, but
are not limited to sanitary sewer and storm drainage.
3. Use of Burdened Property. 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 18 and 19, 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 18 and 19, River Heights, and are intended to be covenants
and restrictions running with the land.
After recording return to:
Breeden Bros., Inc.
366 East 40'h Avenue Suite 250
Eugene, Oregon 97405
Date Received: ,- Of - fD
Planner: SH
Private Maintenance Agreement (Lots 18,19) - 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 - MAl.( 2..1.~ - ,2010.
-itt~fJLtuLL--
Robert L. Breeden, President
Breeden Bros., Inc.
. STATE OF OREGON)
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County of Lane )
. OFFICIAL SEAL
. . KATRINA ANTONETTE KING
\. ./ NOTARY PUBUG-OREGON
'. COMMISSION NO. 409560
MY COMMISSION EXPIRES AUG. 31,201 0
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
2..("~
, 2010
KAY
day of
ry Public for Oregon
ommission Expires: AU9 .
10
Date Received: l~qr fD
Planner: SH
Private Maintenance Agreement (Lots 18,19) - Page 2