DECLARATION OF EASEMENTS <br />Page 1 of 3 <br />Recorded at the request of <br />and after recording return to: <br />Branch Engineering, Inc. <br />310 Fifth Street <br />Springfield, OR 97477 <br />Declarant: <br />Estate of Robert E. Scott <br />1065 E 22nd Ave <br />Eugene OR 97405 <br />DECLARATION OF EASEMENTS <br />The true and actual consideration for this declaration is other than monetary. <br />RECITALS: <br />1) Volker Engelbert, the duly appointed, qualified and acting personal representative of the <br />estate of Robert E. Scott, Lane County Oregon Circuit Court Case Probate No. 23-PB-06986, <br />Declarant, is the owner of the lands that were conveyed in that Personal Representative’s <br />Deed that was recorded February 14, 1994 on Reel 1922R as Instrument Number 9411480 in <br />the Lane County Oregon Official Records. <br />2) The owner is dividing said real property into two buildable parcels and a right-of-way <br />dedication as shown on Land Partition Plat Number 2026-P as platted and recorded <br />in the Lane County Oregon Partition Plat Records concurrent with recording this declaration. <br />3) The owner desires to create easements and define maintenance responsibility on certain areas <br />and facilities for the benefit of future owners of the parcels as described below. <br />DECLARATION OF EASEMENTS: <br />A) Easement Created: <br />The Declarant hereby creates a perpetual easement for the benefit of Parcel 2 over that <br />certain area designated as “5.00’ PRIVATE WATER EASEMENT” on said partition plat as <br />said non-exclusive easement lies in Parcel 1 for purposes of continuing the existing potable <br />water service. <br />B) Easement Created: <br />The Declarant hereby creates a perpetual easement for the benefit of Parcel 2 over that <br />certain area designated as VARIABLE WIDTH PRIVATE JOINT USE ACCESS <br />EASEMENT” on said partition plat as said non-exclusive easement lies in Parcel 1 for <br />purposes of private joint use ingress and egress, including construction of joint use access <br />facilities and stormwater facilities serving the joint use access facilities. Said ingress and <br />egress to include both vehicular and pedestrian traffic. <br />C) Easement Created: <br />The Declarant hereby creates a perpetual easement for the benefit of Parcel 2 over that <br />certain area designated as “VARIABLE WIDTH PRIVATE JOINT USE UTILITY <br />EASEMENT” on said partition plat as said non-exclusive easement lies in Parcel 1 for <br />purposes of installing, operating, maintaining, replacing and repairing private potable water <br />service and other private utility lines and related appurtenances and for purposes of <br />operating, maintaining, replacing and repairing private a sanitary sewer line and related <br />appurtenances.