HomeMy WebLinkAboutAgreement APPLICANT 3/11/2011
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DECLARATION OF A VARIABLE WIDTH IRREVOCABLE ACCESS EASEMENT &
NUUNTENANCEAGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that Ken Dresser and Marcella Hall, Trustees of the A.B.
McGuire Trust, are the owners of Parcels 1 and 2 of Land Partition Plat No. 2011- . as
platted and recorded ,2011, Reception No. . Lane County
Official Records, Lane County, Oregon.
FURTHER, the Owners, Heirs or Assigns of Parcels 1 and 2 of said Partition will create and share a
Variable Width Private Access Easement and enter into a Maintenance Agreement, as shown on said
Partition Plat, for the benefit of said Parcels and being more particularly described as follows:
BEGINNlNGAT A POINT THAT IS THE NORTHEAST CORNER OF PARCEL 2 OF LAND
PARTITION PLAT NUMBER 2011- . AS PLATTED AND
RECORDED ,2011, RECEPTION NO.
LANE COUNTY OFFICIAL RECORDS, LANE COUNTY, OREGON; THENCE SOUTH
89030'00" WEST 218.00 FEET; THENCE SOUTH 0011'00" EAST26.00 FEET; THENCE NORTH
89030'00" EAST 74.28 FEET; THENCE ALONG THE ARC OF A 15.00 FOOt RADIDS CURVE
TO THE RIGHT, THE LONG CHORD OF WHlCH BEARS SOUTH 45030'00" EAST A
DISTANCE OF 21.21 FEET, WlTHAN ARC LENGTH OF 23.56 FEET; THENCE SOUTH
0030'00" EAST 29.02 FEET; THENCE NORTH 89030'00" EAST 20.26 FEET; THENCE NORTH
0030'00" WEST 29.02 FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIDS CURVE
TO THE RIGHT, THE LONG CHORD OF WHlCH BEARS NORTH 44030'00" EAST A
DISTANCE OF 21.21 FEET, WlTH AN ARC LENGTH OF 23.56 FEET; THENCE NORTH
89030'00" EAST 93.46 FEET; THENCE NORTH 00]]'00" WEST 26.00 FEET TO THE POlNT .
OF BEGINNlNG. SAID EASEMENT CONTAINS 6,657 SQUARE FEET, MORE OR LESS.
NOW THEREFORE, it is hereby agreed and declared that:
1. The Owners, Heirs and Assigns of the above named Parcels of said Partition shall share
equally in the costs' of maintenance and operation of said Easement.
2. The Owners, Heirs and Assigns 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.
3. Maintenance shall be undertaken at such time as the majority of the owners, being served by
said Easement deem it desirable.
4. Emergency vehicles shall have the right to enter upon said Easement for the purpose of
emergency,yehicle access.
The Owners, Heirs or Assigns of said Parcell and 2 shall have all rights of ingress and egress to and from the
real estate, including the right, from time to time, to cut, trim and remove trees, brush, overhanging branches
and other obstructions, necessary for their use, enjoyment, operation and maintenance of the easement hereby
granted and all rights and wivileges iIicident thereto.' ate Receive
Date Received:
MAR1&o~r.t~~ing please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR. 97477
Origina
Original Submittal
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Except as to the rights herein granted, the Owners, Heirs or Assigns of said Parcels I and 2 shall have the full
use and control of the above described real estate.
Each Owner shall agree to save and hold each of the other Owners harmless from any and all claims of third
parties arising from their use of the rights herein granted.
During the existence of this easement, maintenance of the easement and costs of repair of the easement, if
damaged by natural disasters or other events for which all holders of an interest in the easement are blameless,
shall be the responsibility of both parties to share and share alike.
During the existence of this easement, holders of an interest in the easement who are responsible fordamages
to the easement because of negligence or abnormal use shall repair the damage at their sole expense.
This agreement shall bind and inure to the benefit of, as circumstances may require, not only the parties hereto
but also their respective heirs, executors, administrators, assigns, and successors in interest.
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Granted and declared this ~ day of Jeb '1'1 { (J V (f
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Ken Dresser, Co-Trustee of the A.B, McGuire Trust
,2011.
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. Guire Trust ' ~--....., Yn'4./'-<--,,-U2=-- ~
State of Oregon )
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County of Lane )
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This instrument was acknowledged before me on -I.L day of 1-(' /)yua ~ ,2011 by Ken ~resser as himself.
and as the attorney-~. ct for Marcella Hall, both of whom are Trustees fthe A.B. McGurre Trust.
IfhJf C Of-{;.V ' , '.
~~~ublic for Oregon / . OFFICIAL SEAL '
M C .. E' 0\ '?5f""{J! I ' , KAY C OXFORD
Y ommlsSlOn xprres: ,t... ,..L \. ) NOTARY PUBLIC _ OREGON
, COMMISSION NO. 454702 ,
MY COMMISSION EXPIRES JANUARY 25, 2015
Date Received:
Original Submittal
MAR 1 1 2011
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Upon recording please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR. 97477
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