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HomeMy WebLinkAboutAgreement APPLICANT 7/9/2010 (4) ,. ~;:~...., . . .~~ " " ,~ , J 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 29, 30 and 31, River Heights as recorded ':<9 !hI'), , 2010, Document No. 2010- 30,365' , 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 along the south lot line of Lot 31, River Heights to benefit Lots 29, 30 and 31, 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 29, 30 and 31, River Heights. 2. Purpose. This Declaration of Private Maintenance Agreement is created to allow construction, maintenance, use and repair of a private driveway and private underground utilities necessary to serve Lots 29, 30 and 31, River Heights. Said utilities include, but are not limited to sanitary sewer and storm drainage. Said access is for Lot 30 only. 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 private utilities within the easement shall be shared equally between the owners of said Lots 29, 30 and 31, River Heights, 1/3 for the owner of each lot. The cost of any maintenance or repair of the private driveway within the easement shall be responsibility of the owner of Lot 30. 5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the use of said Lots 29, 30 and 31, River Heights, and are intended to be covenants and restrictions running with the land. ~ I I " N "_ :r &(J) 0)" !r~ c Jgc lDJg 00.. Division of Chief Deputy Clerk Ilnln.MMlc Lane Counly Deeds and Records 'U U UvUv V 1111111111111111111111111111111111111111111111111 $47,00 ' 01157025201000303150020029 06/2912010 09: 03: 15 AM RPR-AGRE Cnl=1 Sln=1 CASHIER 05 $10.00 $10.00 $11.00 $16.00 After recording return to: Breeden Bros., Inc. 366 East 40'h Avenue Suite 250 Eugene, Oregon 97405 Private Maintenance Agreement (Lots 29-31) - 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 - MA"I 'Llc~- ,2010. it{ ~V*Z Robert L. Breeden, President Breeden Bros., Inc. . OFFICIAL SEAL . . KATRINA ANTONETTE KING .... / NOTARY PUBUC.{)REGON COMMISSION NO. 409560 MY COMMISSION 'XPIRES AUG. 31, 2010 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 '2).,,+1-, day of !viA Y ,2010 Private Maintenance Agreement (Lots 29.31) - Page 2 Date Received: Planner: SH ,- o;~Jb