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Home My WebLink About2016-018 Easement - Wickman-Vision Homes .iackson County Official Records 2016-002377 AFTER RECORDING RETURN TO: R-E-A1 SHINGLJS 01!28!2016 08:54:22 AM 130 00 S10.00 5~.00$&00$11.00 Total:$88.00 VISION HOMES, LLC $2000$400 P O BOX 3550 CENTRAL POINT, OR 97502 SEND ALL TAX STATEMENTS TO: I 01701521201600023770060068 i, Christine Walker. County Clerk for Jackson County. Oregon. certify that the instrument identified herein was recorded in the Clerk VISION HOMES, LLC records. Christine Walker - County Clerk P O BOX 3550 CENTRAL POINT, OR 97502 DECLARATION OF EASEMENT AGREEMENT This Declaration is executed by VISION HOMES, LLC, an Oregon limited liability company, hereafter referred to as "DECLARANT, " for itself, its successors-in-interest, grantees and assigns. Declarant is the owner of real property located in Jackson County, Oregon. The real property is more particularly described as follows: PARCELS NO. 1, 2, AND 3 OF PARTITION PLAT NO. J!--' A/A~~~-OF "RECORD OF PARTITION PLATS" OF JACKSON COUNTY, OREGON. INDEX VOLUME, ;R,-7 PAGE, A private driveway provides ingress and egress to, and burdens and benefits, Parcels 1, and Parcel 2. A storm water detention system burdens and benefits Parcels 1, 2, and 3. The location of the driveway easement and the storm water retention easement is set forth on the Plat marked Exhibit "A" and attached. Declarant desires to create an easement for ingress and egress to Parcels 1 and 2. Declarant desires to provide a storm water detention system benefitting Parcels 1, 2, and 3. Now, therefore, Declarant declares that an easement shall be created for the mutual benefit of the above-described property which shall run with the real property and shall be binding upon all parties having any right, title or interest in the real property, or any part thereof, including their heirs, personal representatives, successors, grantees and assigns and the same shall inure to the benefit of each owner of the above-described parcels. PAGE 1- DECLARATION OF EASEMENT AGREEMENT equal to or better than its condition as of the date they purchased their respective properties. The road and storm water detention system shall be maintained in strict compliance with all local, state or federal laws, rules and regulations. In the event the owners cannot agree, the maintenance shall be determined by a majority vote of the owners. Each Parcel shall be entitled to one (1) vote. The expense of maintaining the road and storm water detention system shall constitute a charge on the property of the owners and shall be a continuing lien on their respective properties until paid. The lien shall also include all interest, costs of collection and reasonable attorney fees in collecting and enforcing the same at trial and on appeal In addition, the assessment, together with the costs and fees, shall be the personal obligation of the individual owners of the property as of the date when the assessment and expenses become due. The assessment for expenses shall become due as of thirty (30) days after the presentment of the invoice for repairs and maintenance. The assessment shall bear interest at the rate of twelve percent (12%) per annum from the date due until paid. Any owner who pays his or her share of the assessment may file and foreclose the lien pursuant to ORS Chapter 87. In addition, the owner may bring an action in equity to foreclose the lien against the nonpaying owner's property or an action at law against the nonpaying owners individually. 5. INDEMNITY. Each owner agrees to defend, indemnify and hold the other party harmless from any and all loss, claim, demands or other liabilities of any kind whatsoever arising out of their use of the private drive or use by his or her invitees, guests, agents or employees. PAGE 3 - DECLARATION OF EASEMENT AGREEMENT 1. CREATION OF DRIVEWAY EASEMENT. Declarant declares that a mutual easement is created for a driveway for the benefit of Parcel 1 and Parcel 2. The easement for the private drive shall be a perpetual, non-exclusive easement for ingress and egress and for the installation, repair and maintenance of utilities, above or below ground, including but not limited to electricity, water, cable, telephone, gas, sewer and drainage. 2. STORM WATER DETENTION SYSTEM. Declarant declares that a mutual easement is created for a storm water detention system benefitting Parcels 1, 2, and 3. Parcels 1, 2, and 3 are granted an easement for the purpose of servicing, maintaining and repairing the storm detention system located on Parcels 1, 2, and 3. The parties agree to equally share the cost of maintaining the storm water detention system. The maintenance includes, but is not limited to, the cost and expense associated with servicing, maintaining and repairing the storm water detention system 3. EASEMENT TO BE APPURTENANT. The easements granted shall run with the land as to all property burdened or benefitted by the easements, including any division or partition of the property. The rights, covenants and obligations contained in this Agreement shall bind, burden and benefit each parties' successors and assigns. 4. ROAD AND STORM WATER DETENTION MAINTENANCE EXPENSE. The expense of maintaining, repairing and, if necessary, replacing the driveway shall be paid equally by the owners of Parcels 1 and 2. The expense of maintaining, repairing and, if necessary, replacing the storm water detention system shall be paid equally by the owners of Parcels 1, 2 and 3. The owners shall attempt to agree upon the amount of maintenance and the individuals who should be contracted with to perform the maintenance. In the event an agreement cannot be reached, each owner agrees that the road and the storm water detention maintenance shall be maintained in a condition PAGE 2 - DECLARATION OF EASEMENT AGREEMENT 6. ATTORNEY FEES. In the event a party to this Agreement brings any action or suit against another party to this Agreement by reason of any breach of any of the covenants, agreements, or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover from the other party all costs and expenses of the action or suit, including actual attorney fees, at trial and on appeal. 7. DISPUTE RESOLUTION. The parties agree that all claims, controversies or disputes, including those for rescission, arising out of or connected with this Agreement shall be resolved as follows: 7.1 SMALL CLAIMS. Notwithstanding the following provisions, the parties agree that all claims within the monetary limitations of the small claims court shall be decided in the small claims court in lieu of mediation, arbitration or any other proceeding in any court of law. 7.2 MEDIATION. All claims of any kind or nature, including any dispute between the parties as to the interpretation, application or validity of this Agreement shall be submitted to mediation through the Jackson County Circuit Court mediation program or through the services of the Arbitration Service of Portland, Inc. 7.3. ARBITRATION. Good faith participation in mediation is a condition precedent to a party's right to initiate and to arbitrate. All claims of any kind or nature, including any disputes between the parties as to the interpretation, application, recession or validity of this Agreement which have not been resolved by mediation or otherwise, shall be submitted to final and binding arbitration through the services of the Arbitration Service of Portland, Inc. Filing for arbitration shall be treated the same as filing in court for purposes of meeting any applicable statutes of limitation or for PAGE 4 - DECLARATION OF EASEMENT AGREEMENT purposes of filing a lis pendens. The parties shall proceed to arbitration through the services of the Arbitration Service of Portland, Inc. THE PARTIES ACKNOWLEDGE AND AGREE THAT IT IS THEIR INTENT TO HAVE ANY DISPUTES RESOLVED THROUGH MEDIATION AND ARBITRATION. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE HEARD AND DECIDED BY ONE OR MORE NEUTRAL MEDIATORS OR NEUTRAL ARBITRATORS AND ACKNOWLEDGE THAT THEY ARE GIVING UP THE RIGHT TO HAVE THE MATTER TRIED BY A JUDGE OR JURY. THE PARTIES ACKNOWLEDGE THAT THE RIGHT TO APPEAL AN ARBITRATION DECISION IS LIMITED UNDER OREGON LAW. 8. NON-MERGER. THIS DECLARATION DOES NOT EFFECT A MERGER OF THE FEE OWNERSHIP AND THE NON-EXCLUSIVE EASEMENTS CREATED HEREIN. THE FEE AND NON- EXCLUSIVE EASEMENT SHALL HEREAFTER REMAIN SEPARATE AND DISTINCT. VISION HOMES, INC. AN OREGON CORPORATION B RK WICKMAN, ITS PRESIDENT DATED: 1 BY:;6iNTH/ WI AN, ITS SECRETARY DATED: STATE OF OREGON ) )ss. County of Jackson ) On this C~ day of January, 2016, personally appeared the within named MARK WICKMAN, PRESIDENT OF VISION HOMES, INC., AN OREGON CORPORATION, and if 751 ument to be its voluntary act and deed. a CYNTHIA LEAN FOX NOTARY PUBLIC-OREGON COMMISSION NO. 943062 MY COMMON MW SOT3W 21,2M Notary Pu lic q~r Oregon My Commission Expires: L I I L~ STATE OF OREGON ) )ss. County of Jackson ) On this ) day of January, 2016, personally appeared the within named CYNTHIA WICKMAN, SECRETARY OF VISION HOMES, INC., AN OREGON CORPORATION, and acknowledged the foregoing instrument to be its voluntary act and deed. OFFICIAL STAMP CYNTHIA LEAH FOX NOTARY PUBLIC`,-OREGON Notary Att~i~ for Oregon COMMISSION NO. 94M2 My Commission Expires: ~ (2-1' ( C l W CAI 00 E~IRES SVTRW 21, 2019 PAGE 5 - DECLARATION OF EASEMENT AGREEMENT EXHIBIT "A" SURVEY FOR.' 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