Report titUtivtu
APR 18 2013
• CITY OFTIGARD
BUILDING DIVISION Washington County, Oregon 2013 -030104
AE 04J0412013 03 :11:00 PM
S tn =11 C WHITE
$25 $5.00 $11.00 55.00 $15 $61.00
GRANTORS 4Rw.hiud Ho0rmrcht Duectw of Assessment and Td.aDOf and Es
ofic o County Cora tar Wasadnoloa County. Onpon, do uenaby
Brittany Meadows LLC canny
monied nn the o � «� waned and
16615 Maple Circle Richard Hobemicht, Director of
Lake Oswego, Oregon 97034 Assessment and Taxation, Ex- officio
GRANTEES
Same as above
After recording return to:
Grantors
DECLARATION OF PRIVATE MAINTENANCE AGREEMENT AND
FUTURE RECIPROCAL EASEMENT FOR STORM DRAINAGE
RECITALS
1. Declarant is Brittany Meadows LLC, an Oregon limited liability company.
Declarant is the owner of those certain lots more particularly described as:
Lots 2, 3, and 8 Brittany Meadows in the City of Tigard, County of Washington
and State of Oregon.
2. The private storm drainage facility is located in the future easement area and is more
particularly described as follows:
The Easterly 20 feet of Lots . 2 and 3 and the Westerly 20 feet of Lot 8, all in
Z Brittany Meadows in the City of Tigard, County of Washington and
O State of Oregon.
u- 3. Declarant desires to enter into an agreement to create a "Declaration of Private .
Maintenance Agreement and Future Reciprocal Easement for
Storm Drainage" for the private storm drainage facilities, and to establish rules and
regulations to govern the use, maintenance and repair of the easement. It is the
Declarants intent to benefit and encumber that area noted in Section 2 above to
benefit Lots 2,3, and 8 Brittany Meadows in the City of Tigard, County of
Washington and State of Oregon.
4. Declarant desires to enter into amaintenance agreement for the storm drainage
facilities benefitting and burdening the future owners of Lots 2,3, and $ Brittany
Meadows in the City of Tigard, County of Washington and State of Oregon.
GRANTORS
Brittany Meadows LLC
16615 Maple Circle
Lake Oswego, Oregon 97034
GRANTEES
Same as above
After recording return to:
Grantors
DECLARATION OF PRIVATE MAINTENANCE AGREEMENT AND
FUTURE RECIPROCAL EASEMENT FOR STORM DRAINAGE
RECITALS
1. Declarant is Brittany Meadows LLC, an Oregon limited liability company.
Declarant is the owner of those certain lots more particularly described as:
Lots 2, 3, and 8 Brittany Meadows in the City of Tigard, County of Washington
and State of Oregon.
2. The private storm drainage facility is located in the future easement area and is more
particularly described as follows:
The Easterly 20 feet of Lots 2 and 3 and the Westerly 20 feet of Lot 8, all in
O� Brittany Meadows in the City of Tigard, County of Washington and
0 State of Oregon.
U
Q
"- 3. Declarant desires to enter into an agreement to create a "Declaration of Private
Maintenance Agreement and Future Reciprocal Easement for
Storm Drainage" for the private storm drainage facilities, and to establish rules and
regulations to govern the use, maintenance and repair of the easement. It is the
Declarants intent to benefit and encumber that area noted in Section 2 above to
benefit Lots 2,3, and 8 Brittany Meadows in the City of Tigard, County of
Washington and State of Oregon.
4. Declarant desires to enter into a maintenance agreement for the storm drainage
facilities benefitting and burdening the future owners of Lots 2,3, and 8 Brittany
Meadows in the City of Tigard, County of Washington and State of Oregon.
AGREEMENT
I. PURPOSE OF THE AGREEMENT.
The purpose of this agreement is to provide for the construction and perpetual
maintenance of the private storm drainage system by the owners of the lots described in
Section 1 of this Agreement.
2. LEGAL DESCRIPTIONS
Lots 2, 3, and 8 Brittany Meadows in the City of Tigard, County of Washington and
State of Oregon.
The storm drainage easement is as follows:
The Easterly 20 feet of Lots 2 and 3 and the Westerly 20 feet of Lot 8, all in
Brittany Meadows in the City of Tigard, County of Washington and
State of Oregon.
3. DURATION AND NATURE OF AGREEMENT
This agreement shall continue in perpetuity. This agreement is intended to and does
attach to and run with the land affected herein. This agreement is binding on the
undersigned landowner, Brittany Meadows LLC, an Oregon limited liability
company during the period of ownership by said company and all persons claiming
under him who shall succeed to the benefits and burdens created herein. It is the
intent of Declarant to create a continuing obligation on the owners of the subject
land.
4. OWNERSHIP AND COVENANT FUTURE EASEMENT
Declarant is the current owner of the private storm drainage facilities. If Declarant
transfers any or all of the lots described as Lots 2,3. and 8 in Section 1 above so
that the owners or users of one or more of the lots are different, then at the time of
such transfer the easement shall take effect as to the individual lot sold and
subsequent owners or users of the other remaining lots shall have a reciprocal
easement for private storm drainage over the easement area described in Section 2.
Declarant, his successors and assigns, covenant that Lots 2.3, and 8 shall be
encumbered with an easement for the benefit of Lots 2,3. and 8 for storm drainage
purposes if and when any of Lots 2,3, and 8 are sold or transferred.
•
5. MAINTENANCE The owners of each lot shall be jointly and equally responsible
for the maintenance of the private storm drainage system. If, however, the act of an
owner, or the act of a guest, invitee, licensee, contractor, or agent of an owner
causes damage, then that owner shall be responsible for the entire cost of the repair.
The storm drainage lines shall be maintained to continuously comply with the
Oregon Plumbing Specialty Code, and any other regulations made applicable in the
future by any governmental body.
No owner shall place upon or over any easement for private storm drainage
purposes, any improvement, planting or other materials which would interfere with
the maintenance or operation of the private storm drainage system. Landscaping
having a root system which will not damage the system may be placed on the
easement and the replacement of landscaping shall be included in the cost of any
maintenance work.
6. NOTICE
Any notice, demand, or report required under this agreement shall be sent to each
owner in care of the street address of his lot, or in the event the owner does not
reside on the said property, in care of the current property tax notification address of
the property; provided, however that an owner can change their notification address
by written notice to each other owner. Any required notice or demand shall be
made by hand delivery or certified mail, and shall be deemed received on actual
receipt or 48 hours after being mailed, whichever first occurs.
7. TERMINATION
The Declarant and subsequent owners or assigns may not modify, withdraw from, or
dissolve this agreement without the written approval of each of the owners.
8. MAINTENANCE OBLIGATIONS AND ARBITRATION
The owner of Lot 2 shall be fully responsible for keeping the storm drain grate clear
which is located in the Easterly twenty feet of Lot 2. The owners of all of the lots
shall confer from time to time regarding performance of all other required
maintenance under this agreement. Each lot shall have one vote. Where there is
more than one owner of a lot, each owner shall have a proportional share of one
vote. In the event of a disagreement concerning maintenance obligations and
payment, the owners shall agree upon an arbitrator who shall resolve such
disagreement. If the owners cannot agree on an arbitrator, the presiding judge of the
Circuit Court of the State of Oregon for the County of Clackamas shall appoint an
arbitrator. The decision of the arbitrator shall be borne equally by the owners.
9. DEFINITIONS
a. Maintenance means any work required to keep the improvement in
compliance with all applicable governmental regulations and the terms of
this agreement including cleaning, repairs, reconstruction and replacement.
b. Private storm drainage means a storm drainage system that receives the
discharge from more than one (1) building drain and conveys it to be public
drainage, or other point of disposal.
c. Storm sewer system means the catch basins, sumps, pipes and any required
water impounding facilities such as a drywell, detention basin.
10. CONSIDERATION
In exchange for his promises under this Declaration, Declarant acknowledges
that this Declaration is executed in part to comply with the Oregon Plumbing
Specialty Code.
11. OREGON LAW AND FORUM
The Declaration shall be construed according to the laws of the State of Oregon
even if Oregon's choice of law rules otherwise would require application of the
law of a different jurisdiction. Any litigation arising under or regarding this
Declaration shall occur, if in the state courts, in the Clackamas County Court
having jurisdiction thereof, and if in the federal courts, in the United States
District Court for the District of Oregon, Portland Division. Any arbitration or
other form of alternative dispute resolution arising out of this Declaration shall
take place in an appropriate forum within Portland, Oregon.
In Witness whereof, the parties hereto have executed this Maintenance Agreement on
the 3 day of i4l rz r C , 2013
BRITTANY MEADO ,
Orego • lie' d r„- . i ' y co td • an
G°
Morris R. W- stland, Managing Member
•
.
STATE OF OREGON )
County of-Multnomah )
SUBSCRIBED AND SWORN to before me this 3a day of &a:
2013 by Morris R. Westlund as managing member of Brittany Meadows LLC,
an Oregon limited liability company
Notary Public or Oregon
My Commission expires: V /6 - 20 /V
- OFFICIAL SEAL
�.. GLORIA J MILLER
J NOTAARYPUBLIC.OREGON
cc NO. 447788
MY COINISINON WIRES ARM tilt 2014
D
Walvis .
TROXEL'S HOME DESIGN
1217 N.E. B URNSI DE STE. 303 RECEIVED
GRESHAM, OR. 97030
,00.oa ._.____._.___.00.00 APR 22 201
52.50'
LOT #8 T. CITY OF TIGARD
• 7,560 5Q FT i BUILDING DIVISION
INV
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30.0' STORM DRAIN EASEMENT
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PLAN # 1 330
F.P.E.-101.00
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LEGEND L._— — — — —
SIDEWALK 52.50' 00.0
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® I" WATER PLANTER
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- -- RAIN DRAIN
NAME: SITE PLAN DATE: 4-413
SCALE: 1 "= 20.00' PLAN: PLAN #1330 DRAWN BY: DENNIS TROXEL
ADDRESS: