94-031552 ~ Springbrook Lane ~ Scholls Ferry Road •
94031552
Washington County
Page 1 of _61
CTATr
STATE OF OREGON l
j SS
County of Washington
I, JerryJfen f4 pr, r of Assess-
ment and Texetion°endEkk-ioio County
Clerk for eajd,couhtyi.do herepy certify that
the withr iristruttten'bf writing wa received
and recorded to book of.redords:of said
county,,
Jetty R Haneon, Director of
�sesitttertt' d Taxation,Ex-
MCio County Clerk
Doc : 94031552
Rect.: 119708 33. 00
04/01/1994 12: 02: 39PM
41
INDIVIDUAL
After Recording Return Copy of Recorded Document to:
City Recorder - City of Tigard
O<( 13125 SW Hall Blvd.
Tigard, OR 97223
With Copy To:
Daniel P. Semmens
Ball, Janik & Novack
101 SW Main, Suite 1100
Portland, OR 97204
DECLARATION OF EASEMENT
FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS
RESIDENTIAL USE
THIS DECLARATION OF EASEMENT (this "Declaration") , is made and
entered into on this O./ day of ia,zc=// , 1994, by Rak
Development Company, an Oregon corporation, dba Costa Pacific
Homes ("Declarant") .
WITNESSETH
WHEREAS, Declarant is the owner in fee simple of the following
described property in the City of Tigard, County of Washington,
State of Oregon, to wit:
Lot 1, PEBBLECREEK ("Lot 1")
And Declarant is the owner in fee simple of the following
described real property in said City, County, and State, to wit:
Lot 2 , PEBBLECREEK ("Lot 2")
And said two parcels of real estate (the "Lots" ; singularly, the
"Lot") adjoin each other;
WHEREAS, Declarant desires to subject the motor vehicle driveway
to be constructed along and upon a portion of both of the Lots as
depicted on the attached Exhibit A (the "Driveway") to a
perpetual easement for the lawful use and maintenance of the
Driveway.
NOW, THEREFORE, Declarant hereby declares that Lots 1 and 2 shall
be owned, conveyed, encumbered, used, occupied, and improved
subject to the terms and conditions of this Declaration:
FIRST: "Owner" shall mean the person or persons owning fee title
to Lots 1 or 2, including the holder of a vendee's interest under
any land sale contract, but excluding a tenant, a holder of a
Ca
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leasehold interest, or a person holding only a security interest
in a Lot (including the holder of a vendor's interest under a
land sale contract) .
SECOND: "Permitted User" shall mean the Owners and their
respective officers, employees, agents, licensees, contractors,
tenants, guests, and invitees, as well as emergency assistance
personnel (such as fire department and ambulance service
employees) .
THIRD: Declaration and Grant. Declarant hereby declares and
creates a perpetual easement over and across the Driveway for use
by the Permitted Users (a) as a means of pedestrian and vehicular
access to and from the Lots and (b) for purposes of maintaining,
repairing, and replacing the Driveway. The easement granted
pursuant to this Declaration shall be appurtenant to, and for the
benefit of, the Lots. Any conveyance of fee title to Lots 1 or 2
shall include a conveyance of the easement created pursuant to
this Declaration, regardless of whether such easement is
specifically identified in the instrument of conveyance.
FOURTH: Rights and Restrictions. Each Permitted User's use of
the Driveway shall cause a minimum amount of interference with
the use of the Driveway by every other Permitted User. All
Permitted Users shall take all steps reasonably necessary to
allow the mutual benefit arising from the use of, and the right
of free access over and across, the Driveway. Each Owner may use
that portion of the Driveway abutting such Owner's Lot in any
reasonable fashion at any time and from time to time (any such
use of the Driveway, a "Permitted Use") , provided that: (a)
access over and across the Driveway is not materially diminished
or obstructed by reason of the Permitted Use in question; (b) no
structures (including, without limitation, walls, fences, or
other barriers) are installed on the surface of the Driveway; (c)
all work undertaken with respect to the Driveway is performed in
accordance with the requirements of applicable ordinances, codes,
covenants, and restrictions; and (d) the Permitted Use to be
undertaken is performed without cost or expense to any other
Owner.
FIFTH: Run with Land. Each covenant and easement granted
pursuant to this Declaration shall be permanent and shall run
with the land as to all property benefitted and burdened by such
covenant and easement, including any partition or division of
such property. The rights, covenants, and obligations contained
in this Declaration shall bind, burden, and benefit Declarant and
its respective successors, assigns, lessees, mortgagees, and
beneficiaries under any deed of trust.
SIXTH: Joint Responsibility. The Owners shall have the joint
obligation to maintain, repair, and replace the Driveway in a
prompt, diligent, and regular manner consistent with the
2
standards of maintenance, repair, and replacement established by
the City of Tigard with respect to similar public improvements,
including, without limitation, by prompt patching or filling of
damage to the pavement. Required maintenance of the Driveway
shall also include removal of any snow, ice, debris, or
obstructions as soon as possible. Except as provided in the
final sentence of this paragraph, the Owners shall each be
responsible for one-half (1/2) of all such costs of maintenance,
repair, and replacement. In the event any maintenance, repair,
or replacement of the Driveway is required, an Owner shall notify
the others of the requirement for such work and its estimated
cost and the Owners shall jointly cause such work to be
performed. If any Owner does not cooperate in causing such work
to be performed on a joint basis, then the non-defaulting Owner
may cause such work to be performed and invoice the other Owner
for its share of the cost of such work; provided, however, that
if the maintenance, repair, or replacement requires payment of an
amount in excess of $500, then the Owner causing the performance
of such work shall first obtain at least two (2) written
estimates for such work and shall contract with the person or
entity providing the lower of such estimates. Following payment
by the contracting Owner, the other Owner shall promptly
reimburse the contracting Owner for the other Owner's share of
the cost of such work.
SEVENTH: Insurance. Each of the parties shall maintain
liability insurance which, at a minimum, meets the standard in
the industry for claims for bodily injury, death, or property
damage occurring on, in, or about the Driveway. The insurance
policies shall name the Owner(s) of the adjoining Lot as an
additional insured in connection with the use of the Driveway.
EIGHTH: Indemnity. Each Owner (the "Indemnitor") , by acceptance
of a deed covering a Lot, shall be deemed to have agreed to
indemnify and hold Declarant and any other Owner (the
"Indemnitees") harmless from and against all claims, expenses,
liabilities, losses, damages, and costs, including court costs
and attorneys' fees (collectively, "Claims") , arising from or
incurred in connection with (a) any accident or injury which may
occur on the Indemnitor's Lot or (b) the negligence of the
Indemnitor or of the family members, invitees, licensees,
contractors, tenants, or guests of the Indemnitor, except (and
excluding from this indemnity) Claims resulting from the
negligence or willful acts or omissions of the Indemnitees or the
family members, invitees, licensees, contractors, tenants, or
guests of the Indemnitees.
3
NINTH: Construction. In consulting the foregoing agreement, the
plural shall mean and include the singular whenever the context
so requires.
IN WITNESS WHEREOF, Declarant has executed this Declaration on
the day and year first written above.
DECLARANT: RAK DEVELOPMENT COMPANY, an Oregon
corporate , dba Costa Pacific Homes
By: /%eL6
Its: /.Jibe . k.-.00-1---
STATE
- rSTATE OF OREGON )
ss.
County of tA/.aC�Nli r4rinw)
The foregoing instrument was acknowledged before me on
this r-i day of MARCH , 1994, by x:::04' KADL-� , who
is the c,-. - r' Jr of RAK Developme. Company, an Oregon
corporation, dba Costa Pacific Homes, •n"b-half of the
corporation.
No, . •u.lic for Oregon
My Commission expires: 3.4" 4__
c?s,7 „s* ,6 ...„.. ."
OFFICIAL SEAL
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.'1 . DAVID J.OVIST 4{
'7 t.- NOTARY PUBLIC-OREGON j
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EXHIBIT AOtak
surveyors
engineers
planners
l n c o r p o rate d
DRIVEWAY EASEMENT LAKESOS.W. BOONES SWEGO, OREGON FERRY
D
97035
(503)635-3618 FAX (503)635-5395
61 #4304