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LUBA RET. EXT 2014-001 VOL 3 of 3
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LUBA RET. EXT 2014-001 VOL 3 of 3
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Last modified
4/27/2017 4:32:31 PM
Creation date
3/28/2017 3:36:18 PM
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
2/28/2014
External View
Yes
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Maintenance Access Easement Agreement <br />Page 2 of 5 <br />T <br />After <br />andDung return to: Note_ This form below is provided as a guide for creating a Maintenance Access <br />e Brown Easement Agreement The"entire document needs to be ret ed with site specific <br />123 Main Sheet information fired in the shaded area. A,'legaI description" must be inserted in the text <br />Eugene, OR,974,_1= ofthe agreement (the map'andtaz tot numbers are nota Idgal description) ,A <br />diagram to scale, showing the 5 footeasementarea and the 5 foot non-buildable <br />area must be attached as: Exhibit A'_ Leave the top 2 inches of the first page <br />blank for City and County approval and recording stamps. i <br />Maintenance Access Easement Agreement <br /> <br />This is an Agreement dated this (month 'day among Don and Diane Brown (Browns), and g1rrrq <br />and Judy Smith (Smiths). <br />RECITALS: <br />A. Browns are the owner of a structure upon certain real property also owned by Browns and <br />located at 123 Main` Street, within the corporate limits of the City. The legal description of the <br />real property (Browns) is: <br />Cnclude_Lot and Block ormefes antl BWa description onl <br />B. Smiths are the owners of certain real property located at -125-Mai n'Streef; also within the <br />corporate limits of the City. The legal description of the property (Smiths) is: <br /> <br />Qrnclule Lit and Block or -me f 6ses and bounds desc np`tion or►fy} <br />0 - - - <br />C. The Browns wish to build a single family dwelling Which includes a'`kitchen approximately eight <br />feet in width within approximately one„foot of the interior lot line of Browns property. Section <br />9.2750 of the Eugene Code, 1971, provides that all structures within residential zoning districts <br />(within which'O fn'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 Brovxns with an easement, "L7 <br />eeti in width by 25"feeti in length, <br />immediately adjacent to Browns structure. The purpose of the easement will be to provide <br />BERN with the additional 4 few 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 />Smitis hereby grant to Br nwo a perpetual easement, appurtenant to the Brown property, to <br />be used by the Browns for access for the repair and maintenance of the Brown Property and the <br />improvements thereon. A diagram of the easement is attached hereto, marked Exhibit A, and is <br />incorporated herein. <br />2. 5tfts 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.eugene-orgov/bps <br />Planning & Development 99 W. 10TH Avenue; Eugene, OR 97404 <br />Building Permit Services P,541.682.5086 * F 541.685.5593 <br />1297 <br />
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