1 – PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT <br />After recording return to: <br />Piculell Properties LLC <br />3104 E. Camelback Rd. #116 <br />Phoenix, AZ 85016 <br /> <br /> <br /> <br /> <br />PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT <br />AND MAINTENANCE AGREEMENT <br /> <br />DECLARANT: Piculell Properties LLC <br />3104 E. Camelback Rd. #116 <br />Phoenix, AZ 85016 <br /> <br />EFFECTIVE <br />DATE: ________________, 2026 <br /> <br />RECITALS <br /> <br />A. Declarant is the owner of certain real property commonly known as Lots 1 through 38, Lot <br />A and Lot B (each, a “Lot,” and collectively, the “Lots”), BRAEWOOD HILLS 3RD ADDITION <br />SUBDIVISION, as platted and recorded concurrently with this Private Joint Use Access and <br />Utility Easement and Maintenance Agreement (this “JAM”) as Reception Number 2026- <br />___________, Lane County Oregon Deeds and Records (the “Plat”). <br /> <br />B. In anticipation of future separate ownership of the Lots and in compliance with the <br />conditions of City of Eugene for Braewood Hills 3rd Addition (PDT 24-1 and ST 24-3, and <br />specifically to fulfill Conditions 5 and 6 of PDT 24-1 and ST 24-3), Declarant desires to provide <br />for the improvement and shared use and maintenance of (i) Lot A, shown on the Plat as <br />TAMBOUR LANE - PRIVATE (the “Private Street”) and (ii) any shared (which will mean for <br />the purposes of this JAM use by more than one Lot owner) private utilities or other private facilities <br />located in, on or under the “VARIABLE WIDTH PRIVATE UTILITY CORRIDOR” shown on <br />the Plat within the Private Street (the “Private Facilities”). <br /> <br />AGREEMENT <br /> <br />1. Permitted Improvements and Construction Expectations. Declarant will <br />construct the Private Street and install such Private Facilities as may be necessary or desirable in <br />Declarant’s sole discretion. Construction of the Private Street will include construction of a <br />roadway to applicable standards for private streets. Installation of the Private Facilities will <br />include installation of, without limitation, storm sewer facilities. Public utility facilities may be <br />installed in, on or under the “VARIABLE WIDTH PUE” shown on the Plat within the Private <br />Street as needed to serve the Lots. Except as expressly provided in this JAM, no party may <br />construct any structure in the Private Street or obstruct access to the Private Street for the purposes <br />contemplated in this JAM, except as temporarily necessary in the case of an emergency.