Page 3 of 5 <br />Maintenance Access Easement Agreement . <br />possibility of access by the to the easement strip for the purposesfor which the <br />easement has been granted. <br />3. The easement herein granted is not exclusive, and the rO..W0 may make such. use of the <br />easement strip as is not inconsistent with the ;~t[s use of the strip and the terms of the <br />Agreement. <br />4. The Agreements contained herein touch and concern, and relate to the use of, the rrts and <br />properties, and are intended by the parties to be covenants and restrictions running with <br />the land. This document shall therefore be recorded in the Office of Deeds and Records of <br />Lane County, Oregon, to serve as notice to any future owners or occupants of the respective . <br />real properties that the permission herein granted by the City is subject to all of the terms of this <br />Agreement. <br />5. The terms of this Agreement shall extend to and be binding upon the heirs, administrators, <br />executors, transferees, successors, and assigns of the parties hereto. <br />6. Removal of this Agreement from the subject property without th_e removal of all portions of the <br />structure within 5 feet of the interior property line is an intentional violation of Eugene Code <br />9.2751(7) and is subject to all available enforcement actions of the City. <br />7. If any suit, action, or other proceeding, or an appeal there from, is instituted to enforce, compel, <br />or clarify any right or obligation created in this Agreement, the prevailing party shall be entitled <br />to recover from the adverse party, in addition to costs and disbursements, an award of <br />reasonable attorney's fees to be set by the trial or appellate court. <br />Wo <br />STATE OF OREGON) <br />)ss. <br />County of Lane ) <br />This instrument was acknowledged before me on , <br />by <br />Notary Public for Oregon <br />My commission expires: <br />www.eu ene-or. ov PPS <br />Planning & Development 99 W. 10a Avenue; Eugene, OR 97404 <br />Building Permit Services P 541.682.5086 * F 541.685.5593 <br />1298 <br />