HomeMy WebLinkAboutEasement APPLICANT 2/22/2011
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DECLARATION OF A VARIABLE WIDTH PRIVATE JOINT USE ACCESS AND
UTILITY EASEMENT AND MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that Back Porch Properties, LLC are the owners of Lots 1-6 of BACK
PORCH PROPERTIES subdivision, recorded ,2011, Reception No, 2011-
as filed in Lane County Official Records, Lane County, Oregon.
FURTHER, said Owners create a variable Width Private Joint Use Access and Utility Easement, across Lots 1-6, for
the benefit of Lots 1-6, as shown on said Subdivision and herein as Exhibit "A".
FURTHER, said Owners, Heirs, Assigns or Successors of Lots 1-6 will share said easement and said Owners, Heirs,
Assigns or Successors of Lots 1-6 will enter into a Maintenance Agreement.
NOW THEREFORE, it is hereby agreed and declared that:
I. The Owners, Heirs, Assigns and Successors of the above named Lots of said Subdivision shall share
equally in the costs of maintenance and operation of said Easement.
2. The Owners, Heirs, Assigns and Successors of said Lots may construct and maintain private utilities
over and across said Easement.
3. The Owners, Heirs, Assigns and Successors of said Lots shall cause said Easement to remain free of
structures and parked vehicles and shall be available for access to the public road at all times.
4. Maintenance to the access facilities shall be undertaken at such time as the majority of the owners,
being served by said Easement deem it desirable.
5. Maintenance to the stormwater facilities shall be undertaken at such time as the majority ofthe owners,
being served by said Easement deem it desirable or at such a time as necessary to ensure the
functionality of said facilities. See Exhibit "B" for more details of the Vegetation Management
Operations and Maintenance Plan.
6. Emergency vehicles shall have the right to enter upon said Easement for the purpose of emergency
vehicle access.
FURTHER, The provisions of this instrument touch and concern, and relate to the use of Lots 1 -6, and are intended
to be covenants and restrictions running with the land.
The true and actual consideration of this declaration is $ 0.00.
Granted and d c1ared this A
day of
kZ<
,2011.
gory D. Larkin, anagingMember'
Back Porch Properties, LLC
State of Oregon
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fi~.u,n~y ,2011 by Gregory D. Larkin,
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.'" SJANUARY10,2014 luate Received:
FEB 2 2 2011
Original Submittal
Upon recording please return to: Olson & Morris, 380 Q Street Suite 200, Springfield, OR 97477
4123-Variable Width Private Joint Use Access and Utility Easement and Maintenance Agreement