DECLARATION OF PRIVATE UTILITY and ACCESS EASEMENT - 1 <br /> <br />After recording return to: <br />Track Town Holdings, LLC. <br />PO Box 72495 <br />Springfield, OR 97475 <br /> <br /> <br /> <br />DECLARATION OF <br />PRIVATE UTILITY and ACCESS EASEMENT <br /> <br />DECLARANT: Daniel D. Basaraba <br /> Track Town Holdings, LLC. <br /> Manager <br />EFFECTIVE <br />DATE: _____________, 2023 <br /> <br />RECITALS <br /> <br /> A. Declarant is the owner of certain real property more particularly described as <br />Parcels 1 and 2 of the East 20th Avenue Middle Housing Land Division created by the Plat recorded <br />in the Deeds and Records of Lane County, Oregon, on ___________, 2023, as Instrument No. <br />___________ (the “Plat”). <br /> <br />B. In anticipation of the sale of Parcels 1 and 2 (collectively, the “Parcels”) and to <br />meet certain conditions of the Middle Housing Land Division approval, Declarant desires to <br />acknowledge and create a private utility and access easement on the terms and conditions contained <br />in this Declaration of Private Utility and Access Easement (this “Declaration”). <br /> <br />EASEMENT <br /> <br />NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the parties hereby agree as follows. <br /> <br />1. Common Sanitary Sewer. <br /> <br />1.1 Private Utility and Access Easement. The Parcels are served by a <br />common sanitary sewer (the “Common Sanitary Sewer”) located within the “VARIABLE WIDTH <br />PRIVATE UTILITY and ACCESS EASEMENT” shown on the Plat and on Exhibit A attached <br />hereto (the “Private Utility and Access Easement Area”). The owner of each Parcel, and its <br />tenants, contractors, agents and employees, shall have and is granted hereby and on the Plat the <br />perpetual non-exclusive right and easement to use the Common Sanitary Sewer and enter the <br />Private Utility and Access Easement Area as necessary to maintain, repair and replace the <br />Common Sanitary Sewer. <br /> <br />1.2 Maintenance of Common Sanitary Sewer. The owners of Parcels 1 and <br />2 shall promptly maintain, repair and replace the portion of the Common Sanitary Sewer located