DECLARATION OF EASEMENTS <br />Page 2 of 3 <br />D) Exclusion of PUEs: <br />Notwithstanding any other language herein, these easements do not allow the placement of <br />private utilities within any Public Utility Easement except for crossings. <br />E) Use of the Burdened Property: <br />The owners or occupiers of the parcel affected by this easement shall have the right to use <br />their property, including the areas described as the easement, for any purpose as long as the <br />owners or occupiers do not interfere with the use of the easement as granted by this <br />instrument. No vehicle parking or storage of vehicles shall be allowed by any party, <br />including the agents, employees, tenants, and invitees of said owners, within the jointly used <br />portions of the access improvements or within those portions reasonably for the primary use <br />of the other parcel. <br />F) Termination of Easements: <br />The Private Water Easement is to allow a continuation of the existing water line to serve the <br />existing development on Parcel 2 after the partition plat records. At such time as Parcel 2 is <br />redeveloped, the existing water line will be abandoned or removed and reconstructed within <br />the PRIVATE JOINT USE UTILITY EASEMENT. The Private Water Easement will <br />automatically terminate at the time of redevelopment on Parcel 2. All areas affected by the <br />abandonment or removal shall be returned to a surface condition equal or better than its <br />status before the work. <br />G) Tree Protection: <br />A large, mature evergreen tree exists near the southwest corner of Parcel 1. In addition to <br />providing shade and privacy to the existing home on Parcel 1, this tree provides wildlife <br />habitat and ambiance to the neighborhood. To protect the tree from construction impacts, all <br />surfacing within the tree’s drip line shall be pervious. Additionally, all work within the <br />tree’s drip line shall be performed under the supervision of an arborist certified by the <br />International Society of Arboriculture (ISA). <br />H) Initial Construction Cost: <br />Designing, permitting and constructing or reconstructing a driveway and utilities to serve a <br />redevelopment on Parcel 2 shall be at the sole expense of Parcel 2. <br />I) Maintenance and Repairs: <br />The cost of any maintenance or repair of any joint use access facilities or stormwater <br />facilities serving the joint use access facilities within the Private Joint Use Access Easement <br />area shall be split equally between the owners of Parcels 1 and 2. The cost of any <br />maintenance or repair of individual utilities lying within the easement areas will be the <br />responsibility of the owner of the respective facility. <br />J) Successors in Interest: <br />The provisions of this instrument touch, concern, and relate to the use of Parcels 1 and 2 of <br />said partition plat, and are intended to be covenants and restrictions running with the land. <br />All provisions of this instrument, including the benefits and burdens, are binding and inure to <br />the heirs, successors, assigns, transferees, and personal representatives of all owners of any <br />of the aforementioned parcels. <br />K) Merger: <br />It is understood that these easements are not subject to the Principle of Merger and are <br />intended to meet the Conditions of Approval for that Tentative Partition reviewed and <br />approved by the City of Eugene on October 24, 2025 as application MHT 25-34.