2"); and "P a rce l 1 O w ne r," Jo hn Li nkha rt and Je a n Pie rso n, the ow ne r of that ce rt ain real <br />pro perty sepa rately de scribe d in Exhibit A ("P a rce l 1 "). Parce l 1 O w ne r and Pa rce l 2 <br />O w ner are so m etim e s referred to ind ividua lly as a "P a rty" and colle ctive ly as the "P art ie s." <br />R E C ITA LS <br />A. Parcel 1 and Parcel 2 are adjacent properties located in the City of Eugene, Lane <br />County, Oregon. <br />B. The City of Eugene land use code requires a minimum 10-foot setback for structures <br />intended as animal shelters, except where an adjacent property owner authorizes in <br />writing that an enclosure can be located closer to the neighbor's property, as provided in <br />Eugene Code 9.5250(7)(d). <br />C. Parcel 2 Owner desires to maintain an existing "animal shelter" structure, as that term <br />used in the Eugene Code, and associated enclosure on Parcel 2 at a setback of eight (8) <br />feet from the common boundary between Parcel 1 and Parcel 2 (the "Reduced Setback"), <br />as shown generally on the diagrams attached as Exhibit B (the "Structure"). <br />D. Parcel 1 Owner is willing to consent to the Reduced Setback subject to the terms and <br />conditions set forth in this Agreement, and intends for this consent to run with the land, <br />be appurtenant to Parcel 2, burden Parcel 1, bind successors and assigns of Parcel 1, <br />and be non-revocable except as expressly terminated under this Agreement. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br />1. Covenant; Consent; Benefit and Burden <br />1 .1 Consent. Parcel 1 Owner hereby irrevocably consents to and authorizes the location <br />of the Structure on Parcel 2 at the Reduced Setback, in satisfaction of the written <br />authorization contemplated by Eugene Code 9.5250(7)(d), subject to and conditioned <br />upon the terms of this Agreement. <br />1.2 Covenants Running with the Land. The foregoing consent and the covenants in this <br />Agreement are intended to be appurtenant to Parcel 2 and shall run with the land and <br />bind Parcel 1 and all successors, assigns, heirs, and personal representatives of Parcel <br />1 Owner, and inure to the benefit of Parcel 2 and all successors, assigns, heirs, and <br />personal representatives of Parcel 2 Owner.