Report (59) `
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After Recording Return To:
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c �X DECLARATION OF NATURAL GAS UTILITY EASEMENTS
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-- THIS DECLARATION OF NATURAL GAS UTILITY EASEMENTS (this "Declaration") is made and
COntered into as of October I|I. ZO16' by William Lyon Homes, |nInc., a California corporation
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("Dadarant").
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RECITALS
A. Declarant owns Lots 201 through 205, inclusive, of River Terrace Northwest, City of
Tigard, Washington County, Oregon, according to the plat thereof recorded in the official records of
Washington County, Oregon on April 11, 2O16ayDocument No. 3016-0%6714 (the "Plat''). Lots 201
through 204, as depicted on the Plat, are hereinafter referred to as the "Benefited Lots" and Lot 205, as
depicted on the Plat, is hereinafter referred as the "Burdened Lmt." The Benefited Lots and Burdened
Lots are hereinafter collectively referred to as the "Lots."
B. The Lots are or will be improved with attached single-family townhomes. Declarant has
or will install a separate natural gas utility meter for each townhome. The natural gas utility meters for
all of the townhomes located on the Lots will be installed in a meter bank attached to or situated near
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the exterior side wall (non-party wall) of the townhome located on Burdened Lot. 1
C. Declarant desires to establish an easement on a portion of the Burdened Lot for the 1
benefit of Benefited Lots for the installation, operation, use, maintenance, repair, replacement and
removal of natural gas lines, natural gas meters and other service or regulating equipment necessary for
the Benefited Lots to receive natural gas utility service, subject to and in accordance with this
Declaration.
DECLARATION
NOW, THEREFORE, Declarant hereby establishes the easement described in Section 1 below
with respect to the Lots, subject to the terms and conditions contained in this Declaration:
1. Easement. The owner of each Benefited Lot and such owner's contractors, agents and
licensees shall have a perpetual, non-exclusive easement on, over, across, under and upon that portion
of the Burdened Lot legally described on the attached Exhibit A and depicted on the attached Exhibit B
(the "Easement Area") for the installation, operation, use, inspection, maintenance, repair,
replacement, relocation and removal of natural gas lines, natural gas meters and any other service or
regulating equipment necessary for the Benefited Lots to receive natural gas utility service (the "Natural
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Gas Facilities"), subject to the terms and conditions of this Declaration, and further subject to all other
covenants, conditions, restrictions and easements of record as of the date hereof.
2. Use and Maintenance.
2.1 Each owner of a Benefited Lot, and such owner's contractors, agents and
licensees, shall have a right to enter upon the Burdened Lot (exclusive of the home located on the
Burdened Lot) as may be necessary or appropriate for the installation, operation, use, inspection,
maintenance, repair, replacement, relocation and removal of any Natural Gas Facilities serving the
owner's Benefited Lot; provided that the owner of the Benefited Lot or such owner's contractors, agents
or licensees, as applicable, shall: (a) use all reasonable efforts to conduct any such work in a manner that
minimizes any disturbances to the use of the Burdened Lot by the owner thereof or the use of the
Easement Area by the owners of the other Benefited Lots; (b) undertake to perform such work in an
expeditious manner; (c) provide the owners of the Burdened Lot and the other Benefited Lots with
copies of all plans and specifications for any work being performed; and (d) restore any portions of the
Burdened Lot affected by such work to substantially the same condition as existing prior to the
commencement of such work.
2.2 All work performed in the Easement Area pursuant to this Declaration shall be
completed in a good and workman-like manner, free from any and all liens, and in compliance with
applicable laws, ordinances, codes, regulations, covenants, conditions and restrictions. Unless
otherwise maintained by a utility company, each owner of a Benefited Lot shall, at all times and at its
sole cost and expense, maintain in good condition and repair all Natural Gas Facilities installed in the
Easement Area pursuant to this Declaration which serve such owner's Benefited Lot. If any of the
Natural Gas Facilities serve multiple Lots and such Natural Gas Facilities are not maintained by a utility
company, then the owners of the Lots served by such Natural Gas Facilities shall equally share in the
cost and expense of maintaining, repairing and replacing those Natural Gas Facilities. Notwithstanding
the foregoing, if any Natural Gas Facilities are damaged as a result of the intentional misconduct or
negligence of an owner of any of the Lots or such owner's tenants, family members, contractors, agent
or licensees, then such owner shall be solely responsible for the cost of repairing all such damage.
3. Insurance. Each owner of a Benefited Lot shall procure and maintain in full force and
effect general public liability insurance and property damage insurance, on an occurrence basis, insuring
against claims for personal injury, death and property damage arising out of such owner's use of the
Easement Area. Each such insurance policy shall afford protection to a combined single limit of not less
than $500,000 and shall name the owner of the Burdened Lot as an additional insured. Each owner of a
Benefited Lot shall provide the owner of the Burdened Lot with a certificate of such insurance and, if
requested by the owner of the Burdened Lot, a copy of the underlying insurance policy, prior to
performing any work in the Easement Area to evidence that such insurance is in force.
4. Indemnification. Each owner of a Benefited Lot (the "Indemnifying Owner") shall
forever defend, indemnify and hold the owner of the Burdened Lot harmless from any and all claims,
losses, damages, demands, actions, suits, liabilities or costs, including, without limitation, reasonable
attorneys' fees and costs, arising from or in any way related to the Indemnifying Owner's use or
maintenance of the Easement Area.
5. Disputes. In the event of any disputes between or among any owners of the Lots (the
"Parties") regarding the easement granted herein or concerning this Declaration, then the Parties shall
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agree upon an arbitrator who shall resolve the dispute. If the Parties cannot agree on an arbitrator, the
presiding judge of the Circuit Court of the State of Oregon for the County of Washington shall appoint an
arbitrator. The decision of the arbitrator shall be binding on the Parties and the fee of the arbitrator
shall be borne equally by the Parties.
6. Further Assurances. The owner of the Burdened Lot shall cooperate with the owners of
the Benefited Lots in the granting of any other appropriate and proper easements to one or more utility
companies to accomplish the installation, operation, maintenance, repair, replacement, relocation and
removal of the Natural Gas Facilities within the Easement Area pursuant to this Declaration.
7. Easement Runs with the Land. The easement established in the Declaration, and all
other terms and conditions of this Declaration, shall run with the land as to the Benefited Lots and the
Burdened Lot, including any future partitions or subdivisions thereof.
8. Not a Public Dedication. Nothing contained in this Declaration shall be deemed to be a
gift or a dedication of any portion of the Easement Area to the general public or for any public purposes
whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to and for
the purposes expressed herein.
9. Amendments. No amendment, modification, termination or revocation of this
Declaration shall be effective unless it is in writing, signed and acknowledged by the party against whom
enforcement is sought and recorded in the official records of Washington County, Oregon.
10. No Merger. The common ownership of the Burdened Lot and any of the Benefited Lots
shall not effect a merger of the easement granted in this Declaration as between such Lots.
11. Waiver. Failure to require performance of any provisions of this Declaration shall not
limit the right to enforce such provision in the future, nor shall any waiver of any breach of any provision
of this Declaration constitute a waiver of any succeeding breach of such provision or a waiver of the
provision itself.
12. Partial Invalidity. If any provision of this Declaration or the application thereof to any
person or circumstance shall to any extent be held invalid, then the remainder of this Declaration or the
application of such provision to persons or circumstances other than those as to which it is held invalid
shall not be affected thereby, and each provision of this Declaration shall be valid and enforced to the
fullest extent permitted by law.
(Remainder of Page Intentionally Left Blank;
Signature Pages Follow)
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IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first written
above.
DECLARANT: WILLIAM LYON HOMES, INC.,
a California corporation
u OFFICIAL SEAL
6 SANDRA J KOHL
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STATE OF Dc )
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The foregoing instrument was acknowledged before me on October l , 2016, by Fred Gast, as
the Senior Vice President- Division President of William Lyon Homes, Inc., a California corporation, on
behalf of the corporation.
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Notary Public for [l{ er-vN
MyCommission Expires: -l�e. c' \\ � - \Lo
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EXHIBIT A
October 10, 2016
LEGAL DESCRIPTION Job No. 395-037
Private Utility Easement
An easement within Lot 205, plat of "River Terrace Northwest", Washington County Plat
Records, in the Southeast Quarter of Section 6, Township 2 South, Range 1 West, Willamette
Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as
follows:
COMMENCING at the most easterly corner of said Lot 205;
thence along the southeasterly line of said Lot 205, South 58°3751" West, a distance of 14.50
feet to a point on the extension of a building wall being the POINT OF BEGINNING;
thence continuing along said southeasterly line, South 58°37'51" West, a distance of 51.00 feet
to a point on a Public Utility Easement line granted in said plat;
thence along said Public Utility Easement line, North 31°2210" West, a distance of 4.33 feet to
a point on the extension of a building wall;
thence along said building wall and its extension, North 58°3T51" East, a distance of 51.00 feet
to the Southeast corner of said building wall;
thence leaving said building wall, South 31°2209" East, a distance of 4.33 feet to the POINT OF
BEGINNING.
Containing 221 square feet, more or less.
Basis of bearings being plat of "River Terrace Northwest", Washington County Plat Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 9, 2002
TRAVIS C. JANSEN
57751
RENEWS: 6/30/2017
Page 1 of 2
12564 SW Main Street,Tigard,OR 97223 • [T] 503-941-9484 [F] 503-941-9485
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3, PRIVATE UTILITY EASEMENT
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03 DRAWN BY: GPS
6 DATE: 10/10/16
.,. REVIEWED BY: TCJ DATE: 10/10/16 12564 SW Main St
PROJECT NO395-037 Plicii-ic Tigard, OR 97223
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PAGE 2 OF 2 [F] 503-941-9485
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