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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