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<br />1 – VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT
<br /> (Lots 1, 2, 6, 7, 11 and 12)
<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 1, 2, 6, 7, 11 and 12)
<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, 2, 6, 7, 11 and
<br />12, BRAEWOOD HILLS 3RD ADDITION SUBDIVISION, as platted and recorded concurrently
<br />with 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 1, 2, 6, 7, 11 and 12 shown on the
<br />Plat as VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT (the
<br />“Easement Area”) to burden Lots 1, 2, 6, 7, 11 and 12 and benefit Lots 1, 2, 6 and 7.
<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 1, 2, 6, 7, 11 and 12 (each, a
<br />“Burdened Owner,” and together, the “Burdened Owners”) hereby grant to the owner of each of
<br />Lots 1, 2, 6 and 7 (each, a “Benefitted Owner” and together, the “Benefitted Owners”) a perpetual
<br />non-exclusive right and easement to (i) enjoy pedestrian and vehicular ingress and egress to and
<br />from 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
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