<br />1 – VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT <br /> (Lots 33, 36 and 37) <br />After recording, return to: <br />Piculell Properties LLC <br />3104 E. Camelback Rd. #116 <br />Phoenix, AZ 85016 <br /> <br /> <br /> <br />DECLARATION OF <br />VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT <br />(Lots 33, 36 and 37) <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 33, 36 and 37, <br />BRAEWOOD HILLS 3RD ADDITION SUBDIVISION, as platted and recorded concurrently with <br />this Variable Width Private Utility and Joint Access Easement (this “Easement”) as Reception <br />Number 2026-___________, Lane County Oregon Deeds and Records (the “Plat”). <br /> <br />B. In compliance with the conditions of City of Eugene for Braewood Hills 3rd Addition (PDT <br />24-1 and ST 24-3), Declarant has created on the Plat, and acknowledges and grants in this <br />Easement, that private utility and access easement over Lots 36 and 37 shown on the Plat as <br />VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT (the “Easement <br />Area”) to burden Lots 36 and 37 and benefit Lots 33, 36 and 37. <br /> <br />EASEMENTS <br />NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the parties hereby agree as follows. <br />1. Private Joint Access Easement. The owner of each of Lots 36 and 37 (each, a “ Burdened <br />Owner,” and together, the “Burdened Owners”) hereby grant to the owner of each of Lots 33, 36 <br />and 37 (each, a “Benefitted Owner” and together, the “Benefitted Owners”) a perpetual non- <br />exclusive right and easement to (i) enjoy pedestrian and vehicular ingress and egress to and from <br />their property over the shared driveway and any sidewalk within the Easement Area (the <br />“Driveway”) and (ii) install, maintain, repair and replace underground utility pipes, conduits and <br />facilities serving their property exclusively or in common with others (the “Utilities”). <br />2. Joint Use. The Benefitted Owners will cooperate during periods of joint use of the <br />Easement Area and each will use this Easement in such ways so as to not unreasonably interfere