<br /> <br />After recording return to: <br />Bill McIntyre <br />91 South Danebo Ave. <br />Eugene, OR 97402 <br /> <br />60’ WIDE PRIVATE JOINT ACCESS AND PRIVATE UTILITY EASEMENT AND <br />MAINTENANCE AGREEMENT <br /> <br />RECITAL: <br /> <br />McIntyre Properties III, LLC is the owner of certain real properties described as Parcels 1 and 2 Partition <br />Plat No. _______________, as platted and recorded as Document No. 2026- <br />____________________Records of Lane County, Oregon. <br /> <br />DECLARATION OF EASEMENT: <br /> <br />1. Easement Description. McIntyre Properties III, LLC has created a 60’ wide private easement <br />across Parcels 1 & 2 for the benefit of Parcels 1 & 2 on the said Partition Plat as shown on the attached <br />Exhibit A. <br /> <br />2. Easement Created. The easements are created to allow private/public access and public/private <br />utilities. Each of the Parcels affected grants and consents to easement rights for their respective Parcels. <br /> <br />3. Use of Burdened Property for Access. The owners or occupiers of the Parcels affected by the <br />easements shall have the right to use their property within 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 instrument. No party <br />shall have the right to park, load or unload any vehicle in the easement except the areas designated for <br />parking and under emergency conditions. Use of the easement shall be on a regular and continuous basis <br />benefitting the Parcels and their successor, assigns, lessees, mortgagees, invitees, guests, customer, agents <br />and employees. Rights of each Parcel shall not lapse due to failure to continuously use the easement. <br /> <br />4. Use of Burdened Property for Utilities. The owners and occupiers of the Parcels shall grant and <br />convey to each other a perpetual easement for public and private utility purposes over, across and under <br />the real property of each Parcel. The easement shall form a continuous crossing of Parcels 1 & 2. Each <br />Parcel hereby specifically grants and consents to easement rights for their respective Parcels which shall <br />be appurtenant to and shall benefit each other’s Parcel. <br /> <br />The easement may be used for public and private utilities including, but not limited to, sewer, water, <br />electrical, gas, cable, telephone, pipes and lines and other utilities, and for those purposes to place, <br />construct, operating, repair, maintain, inspect, reconstruct and replace such utilities pipes, lines, poles, <br />cables, wire, fixtures, appurtenances and necessary installations. No permanent building is to be placed in <br />the easement area. No installation, repair or maintenance of any such utility pipeline or facility shall <br />unreasonably curtail or impede use of the private drive for vehicular and pedestrian ingress and egress. <br /> <br />5. Maintenance and Repairs. The cost of any maintenance or repair of the area within the <br />easements shall be apportioned to the owners of Parcels 1 & 2 based on the percentage of building area on <br />each Parcel to the total of the building area on all Parcels. <br /> <br />Until further buildings are constructed, existing buildings are enlarged, or new parcels are created with <br />buildings, the allocation shall be as follows: <br /> <br /> Parcel Building Area Percentage <br />Parcel 1 . 41,540 SF 57.58% <br />Parcel 2 30,600 SF 42.42 % <br /> <br />Maintenance shall include the removal of snow, ice and debris. Repairs shall include repairing damage to <br />the pavement, and/or resurfacing with material of at least equal grade every ten (10) years.