HomeMy WebLinkAboutAgreement APPLICANT 7/9/2010 (3)
,
..-
.
.
.
;
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:
Lot 24 through and including Lot 29, River Heights as recorded
<9'JOn. ,2010, Document No. 2010- 30309 , 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 Utility Easement
across Lots 25 through and including Lot 29, River Heights to benefit Lots 24 through and
including Lot 29, River Heights as shown on Page 8 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 24 through and including Lot 29, River Heights.
2. Purpose. This Declaration of Private Maintenance Agreement ;s created to allow
construction, maintenance, use and repair of private underground utilities necessary
to serite Lot 24 through and including Lot 29, River Heights. Said utilities include,
but are not limited to 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 apportioned between the owners of said Lots 24 through and
including Lot 29, proportionate to each party's use of the easement.
5. Successors in Interest. The provisions of this instrument touch and concern, and
relate to the use of said Lots 24 through and including Lot 29, 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
Division of Chief Depuly Clerk ~OIO.O'O'lA
Lane Counly Deeds and Records 'v V ,
1111111111111111111111111111111111111111111111111 $47,00
0115702320100030314002002406/29/2010 09:03: 15 An .
RPR-AGRE Cnl=l Sln=l CASHIER 05
$10.00 $10.00 $11.00 $16.00 '. ,- CJ- /1J
Date Received.
Planner: SH
Private Maintenance Agreement (Lots 24-29) - Page 1
.
.
.
.'
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 - fJ\A'f 2..&f+._ ,2010.
itt~~~
Robert L.. Breeden, President
Breeden Bros., Inc.
STATE OF OREGON)
)ss
County of Lane )
. OffiCIAL SEAL
, . KATRINA AtfnNETTE KING
\. i NOTARV PUBLlC.()REGCN
. COMMISSICN NO. 409560
MY COMMISSION EXPIRES t,UG. 31, 2010
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-ls,~
day of
MA'<
,2010
ry Public for Oregon
om mission Expires: Avt:,. I I 'V> \ D
-OJ-J/)-
Date Receil/ed:.-J
Planner: SH
Private Maintenance Agreement (Lots 24-29) - Page 2