Loading...
HomeMy WebLinkAboutAgreement APPLICANT 4/25/2011 ~,,;.. . ., . . Lane County Clerk ~nll nleAIA Lane County Deeds and Records. LV.V g~ ~ 11111I1111111111111111111I11111111111111111111111 $57,00 01215244201100164140030035 04/06/2011 09 :02: 14 AM RPR-ESMT Cnt=2 Stn=l CASHIER 05 $5.00 $15.00 $10.00 $11.00 $16.00 RECEIVED APR2 5 2011 By': ;1/ , - - . . . DECLARATION OF A VARIABLE WIDTH PRIVATE IRREVOCABLE ACCESS EASEMENT & MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that Ken Dresser and Marcella Hall, Trustees ofthe A.B. McGuire Trust, are the owners of Parcels 1 and 2 of Land Partition Plat No. 2011- f7,/f/88 , as platted and recorded 6 Apr- ,2011, Reception No. :/0//- /6f//3 ,Lane County Official Records, Lane Co~nty, 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: BEGINNING AT A POINT THAT IS THE NORTHEAST CORNER OF PARCEL 2 OF LAND PARTITION PLAT NUMBER 2011- P2'r'88 ,AS PLATTED AND RECORDED b A,tJr. ,2011,RECEPTIONNO.?o//-/6V/3 . 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 74.28FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS SOUTH 45030'00" EAST A DISTANCE OF 21.21 FEET, WITH AN 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 RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS NORTH 44030'00" EAST A DISTANCE OF 21.21 FEET, WITH AN ARC LENGTH OF 23.56 FEET; THENCE NORTH 89030'00" EAST 93.46 FEET; THENCE NORTH 0011'00" WEST 26.00 FEET TO THE POINT OF BEGlNNlNG. SAID EASEMENT CONTAINS 6,657 SQUARE FEET, MORE OR LESS. NOW THEREFORE, it is hereby agreed and declared that: 1. Tbe 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. Tbe 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 vehicle 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 maintenRe ~C. sFi\;r.''1J:lli-. D granted and all rights and privileges incident thereto. I b lJ' . -' iIIlb... 4 ilm.--l ~ V ii.,..,' APR2 5 2011 Upon recording please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR. 97477 By: !l c/ .,.;' . .. . . Except as to the rights herein granted, the Owners, Heirs or Assigns of said Parcels 1 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 for damages 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. Granted and declared this ~ day of _r-eb <{"f.{ (j v (f "-C. ~/ Cn ). <-<, . -~- ~;)J- Ken Dresser, Co-Trustee of the A.B. McGuire Trust ,2011. h~~c.-" 14-- Marcella Hall, Co-Trustee of the A.B. CQ~~~')'~-J~) . Guire Trust ~"- Yn"",-^-"-,,,-La<=-- /t=m. State of Oregon ) ) ss. County of Lane ) +I, This instrument was acknowledged before me on Kdayof (;, h.-ua 'J .2011 by Ken Dresser as himself and as thC~~CY for Marcella Hall, both of whom are Trustees fthe A.B. McGuire Trust. eOblk """"'00 I L . oo,,~"'" My Commission Expires: 01 25 2015 . ,I NOTA~~~6~~~~~EGON COMMISSION NO. 454702 MY COMMISSION EXPIRES JANUARY 25, 2015 RECEIVED .APR'2 I) 2011 By: 4;:= Upon recording please return to: Olson & Morris, 380 Q Street. Suite 200, Springfield OR. 97477