MAINTENANCE ACCESS <br />AM <br />6ullding & Permit services EASEMENT AGREEMENTS <br />A maintenance access easement agreement can be <br />obtained for some development in residential <br />zones that don't comply with the required interior <br />yard setback. . <br />Land Use Code Requirements <br />Eugene Code, Chapter 9, Section 9.2751(7) <br />Most development in residential zones is required. <br />to have interior yards of not less than five feet, <br />except where buildings abut or share a common <br />wall. The owner of a lot or parcel with an interior <br />yard of less than 5 feet from the adjacent property <br />line must secure and record in the office of the <br />Lane County Recorder a maintenance access <br />easement adjacent to that side of the building. The <br />easement shall provide a 5-foot wide access the <br />entire length of the building and 5 feet beyond <br />both ends, and requires a 10-foot separation <br />between buildings on separate lots. The easement <br />shall be on a form provided by the city, shall be <br />approved by city staff, and be subject to a review <br />and payment of a fee set by the city manager. <br />Preparing an Agreement <br />The attached sample agreement is for illustration <br />purposes only and will help to determine proper <br />format and minimal legal requirements. Keep in <br />mind that the specifics in this case listed in the <br />recitals and terms of agreement are fictional. There <br />may be additional terms to be considered <br />depending on the nature of your request. These <br />agreements are legal documents, so we <br />recommend that you consult your attorney when <br />composing the agreement to satisfy all parties. The <br />legal descriptions may be provided using metes <br />and bounds or lot, block, and subdivision (the map <br />and tax lot numbers are not a legal description). <br />Please leave a minimum of 2 inches at the top and <br />bottom of the first page for official use. The <br />agreement must be typed, since Lane County <br />Deeds and Records will not accept hand-written <br />documents for recording. <br />You will also need to submit a diagram labeled as <br />"Exhibit A" with your agreement showing: <br />1. A plot plan to scale with both parcels of <br />land under consideration. <br />2. The interioryard intrusion. <br />3. The location of the easement on the <br />neighboring property. The length of the <br />easement needs to be the length of the <br />proposed intrusion and 5 feet beyond both <br />ends plus 5 feet on either side (see <br />example). This allows f or access around . <br />both ends of the structure. <br />Review Process <br />The recorded agreement is required for approval <br />of a building permit. A copy of the draft agreement <br />must be submitted at the time of building permit <br />application or as supplemental information CSI) if <br />the application is already being reviewed. The <br />agreement will be reviewed for completeness and <br />consistency with the Code. Once staff has <br />approved the agreement a final copy must then be <br />signed in front of a nota>T public and recorded at <br />Lane County Deeds and Records (125 E. 8th Ave.). <br />A copy of the recorded document must be <br />provided as supplemental information prior to <br />permit approval. A review fee of $95.92 ($88.00 + <br />9% City Administration fee) per hour is required <br />upon issuance of the associated building permit. <br />Please contact Land Use staff at 541-682-8336 or <br />laLduseinfo@ci.eugene.or.us for more <br />information. <br />Note: This document should not be used as a substitute for codes <br />and regulations. The applicant is responsible for compliance with <br />all code and rule requirements, whether or not described in this <br />www. eugene-or.gov/brs <br />Planning & Development <br />99 W. 10TH Avenue, Eugene, OR 97401 <br />P 541.682.5086 * F 541.685.5593 <br />Form #LU-242 <br />Updated: September 2012 <br />1296 <br />