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HomeMy WebLinkAboutEasement APPLICANT 5/3/2011 , . . Division ~f Chjef~uty Clerk Lane County Deeds and Records 201D-OJ88l8 '\.1," Recorded at the request of and after recording return to: 1111111111111111111111111111111111111111111111111 $47.00 01166529201000388180020026 08/06/2010 09:10:06 AM RPR-ES"T Cnt=1 Stn=1 CASHIER 05 S10.00 S10.00 SII.00 S16.00 Branch Engineering, Inc. 310 fifth Street Springfield, OR 97477 DECLARATION OF PRIVATE UTILITY EASEMENT The true and actual consideration for this declaration is other than monetary. RECITALS: I) SHALECE M.B.AMOR TRUST, UA 6/28102, TRUSTEE ANDREA MCKINNEY, Grantor, is the owner of Parcel I of Land Partition Plat Number 2008-P2306 as platted and recorded in the Lane County Oregon Partition Plat Records. 2) The owner is dividing said real property into two parcels as shown on Land Partition Plat No. 201 O-P 2~5Y as partitioned and recorded in Lane County Oregon Partition Plat Records. 3) The owner desires to create easements and define maintenance responsibility on certain areas and facilities for the benefit offuture owners of the parcels as described below. DECLARATION OF EASEMENTS: A) Easement Created: Grantor hereby creates a perpetual easement for the benefit of Parcels I and 2 over that certain area designated as "V ARIABLE- WIDTH PRlV A TE UTILITY EASEMENT" on said partition plat and shown in Exhibit 'A' as attached hereto and made a part hereofas said easement lies in Parcels I and 2 for private utility purposes. B) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not allow the placement of private utilities within any Public Utility Easement except for crossings. C) Use of the Burdened Prooertv: The owners or occupiers of the parcels affected by these easements shall have the right to use their property, including the areas described as the easements, for any purpose as long as the owners or occupiers do not interfere with the use of the easements as granted by this instrument. No vehicle parking or storage of vehicles shall be allowed by any party within the access easement areas, including the agents, employees, tenants, and invitees of said owners. D) Maintenance and Reoairs: The cost of any maintenance or repair of private utilities lying within the easement areas will be the responsibility of the owner of the respective facility where the facility serves one owner and shall be split equally between the owners of the Parcels served by the respective facility where the facility serves multiple owners. E) Successors in Interest:The provisions of this instrument touch and concern, and relate to the . use of Parcels 1 and 2 of said partition, and are intended to be covenants and restrictions running with the land. All provisions of this instrument, including the benefits and burdens, are binding and inure to the heirs, successors, assigns, transferees, and personal representatives of all owners of any of the aforementioned parcels. IN WITNESS WHEREOF, I have executed this DECLARATION OF PRlVATE UTILITY EASEMENT on this '<:2....</ day of -::!"VL '-( ,2010. Andrea McKinne , T tee Shalece M.B. Amor Trust, UA 6/28102 OFFICIAL SEAL ANGELA ERWIN NOT"RY PUBLIC. OREGON COMMISSION NO. 421788 COMMISSION EXPIRESSEPTEMBER 26. 2011 STATE OF OREGON ) ).. County of Lane ) On tbis '22,vD day of J U L. '\ , 2010, before me personally appeared Andrea McKinney and acknowledged the foregoing instrument to be her voluntary act and deed as Trustee of the Shalece M.B. Amor Trust, UA 6/28/02. a~ ~(~ 6/3~ll Notary Pub ic fo~rReeelved: DECLARA nON OF PRlV ATE UTILITY EAS~IIMfl,r: . . -5J1. . . Page 1 of2 ( 1)-f 2 " ~ . . . .-. . LOCATION OF PRIV A IE UTILITY EASEMENT EXHIBIT 'A' MAIN STREET (McKENZIE HrY - HrY 126) --=--=--=--=--=--=--=--=--=--=-f-=----=- \ \ \ \ \ ~ I 1 , 1 I ------------t 1 1 I I PARCEL 2 1 9408 SQ. FT. 1 1 1 I I 1 _~--------.J ---------J 1 1---- ---------- I 1---- 1 I PARCEL 1 8403 SQ. FT. PRIVATE UTILITY EASEMENT AS DESCRIBED HEREIN I I DECLARATION OF PRIVATE UTILITY EASEMENT Page 2 of2 15 p'..... ~ ----I o 30