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LUBA Materials Volume 3 of 3
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LUBA Materials Volume 3 of 3
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Last modified
4/27/2017 4:32:35 PM
Creation date
7/21/2015 11:17:59 AM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
1/20/2014
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Yes
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Maintenance Access Easement Agreement <br />After recording return to: <br />Don and Diane Brown <br />123. Main=, Street <br />Eugene, OR 974011 <br />Page 2 of 5 <br />Maintenance Access Easement Agreement <br />This is an Agreement dated this (month,' day yeah among Don_and D>arte_Brov_m (BroNrns), and Jim <br />and Judy Smith (Smiths). <br />RECITALS: <br />Browns are the owner of a structure upon certain real property also owned by Bovvns and <br />located at 123 Main Stree_f, within the corporate limits of the City. The legal description of the <br />real property Bowes) is: <br />Include Lot and Block ormeh- s and bounds descn von -only) <br />B. 00 are the owners of certain real property located at 125 Marn'`Streef, also within the <br />corporate limits of the City. The legal description of the property (Smiths) is: <br />~lnclucie tot and Block or &R and bounds desc non onfy <br />C. The Browns wish to build a single family dwelling which inc{ides a kitchen approximately eighf <br />feet in`widtt within approximately one foot of the interior lot line of'Browris property. Section <br />9.2750 of the Eugene Code, 1971, provides that all structures within residential zoning districts <br />(within which BBV_s property is located), shall have interior yards of not less than five feet or a <br />minimum of 10 feet between buildings. <br />D. Smiths: have agreed to provide Brouvns with an easement, 4 feeti in width by 25wfeet in length, <br />immediately adjacent to EH-09 structure. The purpose of the easement will be to provide <br />Browns with the additional 4fee of interior yard setback as required by City Code. <br />TERMS OF THE AGREEMENT: <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as <br />follows: <br />Smiths hereby grant to Browns a perpetual easement, appurtenant to the Brown property, to <br />be used by the Browns for access for the repair and maintenance of the Brovur Property and the <br />improvements thereon. A diagram of the easement is attached hereto, marked Exhibit A, and is <br />incorporated herein. <br />2. SriStfs agree that they will not construct or place improvements upon the easement strip, or <br />within five feet of the boundary thereof, and that they will not physically restrict or impede the <br />www. eugen e-orgov/b ps <br />Planning & Development <br />Building Permit Services <br />99 W. 10TH Avenue; Eugene, OR 97404 <br />P 541.682.5086 * F 541.685.5593 <br />1297 <br />
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