Report (109) 6 After Recording Return To:
Radler White Parks&Alexander LIP
i t Attn.. Susan Zimmerman
111 SW Columbia Street,Suite 1100
Is s i Portland,OR 97201
111
gi
lIs
DECLARATION OF NATURAL GAS UTILITY EASEMENTS
(River Terrace East)
THIS DECLARATION OF NATURAL GAS UTILITY EASEMENTS (this "Declaration") is made and
entered into as of May Li 2017, by ADLV Land Holdings LLC, a Delaware limited liability company
tg,
("ADLV"), and William Lyon Homes, Inc., a.California corporation ("WLH"). ADLV and WLH are also
referred to herein each as a"Declarant"and collectively as"Declarants."
RECITALS
A. ADLV owns Lots 1 through 34,inclusive,of River Terrace East,City of Tigard,Washington
County, Oregon, according to the plat thereof recorded in the official records of Washington County,
Oregon on April 12,2017 as Document No,2017-029193.
B. WLH owns Lots 35 through 43, inclusive, of River Terrace East, City of Tigard,
Washington County, Oregon, according to the plat thereof recorded in the official records of
Washington County,Oregon on April 12,2017 as Document No.2017-029193.
C. The Lots described in Recitals A and B.above(the"Lt s")will be improved with attached
single-family townhomes and a separate natural gas utility meter will be installed for each townhome.
The natural gas utility meters for all of the townhomes located within the same attached building
structure will be installed in a meter bank attached to or situated near the,exterior side wall(non-party
wall)of the townhomes located at either end of each attached building structure.
D. Declarants desire to establish easements on portions of certain Lots for the benefit of
certain other 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 Lots to
receive natural gas utility service,subject to and in accordance with this Declaration.
DECIMATION
NOW,THEREFORE,Declarants hereby establish the easements described in Section 2 below with
respect to the Lots,subjectto the terms and conditions contained in this Declaration.
1. Defined Terms, The following terms shall have the meanings set forth below when used
in this Declaration:
—• 1.1 "Benefited Lot" means each of the Lots identified as a Benefited Lot on the
attached Exhibit:A.
taossosss al 1
1.2 "Burdened Lot" means each of the Lots identified as a Burdened Lot on the
attached Exhibit A.
1.3 "Easement"shall have the meaning given to such term in Section 2 below.
1.4 "Easement Area" means the area of each Burdened Lot as described and
depicted on the attached Exhibit B.
1.5 "LSO "means each of the Lots Identified in Recital A and Recital B above.
1.6 "Natural Gas Faaifities" means natural gas lines, natural gas meters and any
other service or regulating equipment necessary for the Benefited Lots to receive natural gas utility
service..
1.7 "Owner"means each owner of a fee title interest in a Lot.
2. 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 the
appurtenant Easement Area assigned to such Benefited Lot on the attached Exhibit A for the installation,
operation, use, inspection, maintenance, repair, replacement, relocation and removal of Natural Gas
Facilities (each, an "Easement"), 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.
3. Use and Maintenance.
3.1 Each Owner of-a Benefited Lot, and such Owner's contractors, agents and
licensees,shall have a right to enter upon the Burdened Lot(s)(exclusive of the horne(s)located on such
Burdened Lot(s)) in which the Owner of the Benefited Lot is granted an Easement as may be necessary
or appropriate for the installation, operation, use, inspection, maintenance, repair, replacement,
relocation and removal of any Natural Gas Facilities within the appurtenant Easement Area 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 any other holders of the Easement granted therein;(b) undertake to perform
such workin an expeditious manner; (c) provide the Owner of the Burdened Lot and the other holders
of the Easement encumbering the Burdened Lot 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.
3.2 All work performed in an 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. 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 an Easement Area pursuant to this Declaration which serve such
Owner's Benefited Lot unless such Natural Gas Facilities are separately maintained by a utility company,
in which case the Natural Gas Facilities shall be maintained by the responsible utility company. If any of
the Natural Gas Facilities serve more than one Lot 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.
{00650333•1} 2
Notwithstanding the foregoing,if any Natural Gas Facilities are damaged as a result of the intentional
misconduct or negligence of an Owner or an Owner's tenants, family,members, contractors, agent or
licensees,then such Owner shall be solely responsible for the cost of repairing all such damage.
4. 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.
S. Indemnification. Each Owner of a Benefited Lot (the °Indemnifying Owner") shall
forever defend,indemnify and hold the Owner of the Easement Area in which the Indemnifying Owner's
Benefited Lot is granted an Easement pursuant to this Declaration harmless from any 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.
6. Disputes. In the event of any disputes between or among any Owners (the "Parties")
regarding the Easements or concerning this Declaration,the Parties shall 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.
7. Further Assurances. Each Owner of a 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
removalof the Natural Gas Facilities within the Easement Areas pursuant to this Declaration:
8. Easements Run with the Land. The Easements established in this.Declaration, and all
other terms and conditions of this Declaration,shall run with the land as to the Benefited Lots and the
Burdened Lots,including any future partitions or subdivisions thereof.
9. 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(s) to thegeneral 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.
10. 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.
11. No Merger. The common ownership of a Burdened Lot and a Benefited Lot shall not
effect a merger of the Easement established in this Declaration as between such Lots.
{00650333;1} 3
1
12. 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.
13. 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.
14. Counterparts. This Declaration may be signed in multiple counterparts, all of which
when taken together,shall constitute one and the same instrument.
(Remainder of Page intentionally Left Blank;
Signature Pages Follow)
{00650333;1) 4
IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the date first
written above.
DECLARANT: ADLV LAND HOLDINGS LLC,
a Delaware limited liability company
1,-re
By:
Name: gritly(ii Gt_
Tale: 11/4 - uritititt
STATE OF )
)ss.
County of iiii.41.4pet- )
A The foregoing instrument was acknowledged before me on May //1.-2017, by
Ogife'd 4. ink/444 , as liadorilet Aoftgaitigkt/4 of ADLV Land Holdings LLC, a
Delaware limited liability company,on behalf of the limited liability company.
LULA
noufwvelue, Notary Public for A4(,2.4,f4
PAWOCOPA COUNTY My Commission Expires:Apri I /1 ftygt
MiCommisskott twins
100650333;1} 5
DECLARANT: WILLIAM LYON HOMES,INC.,
a California corporation
EY "..•
Fred ',Se 9 , a President and Oregon
D P i
mit OF )4100WVIttln )
1 ss.
County of (1
'his instrument was acknowledged before me on May jL, 2017, by Fred Gast, Senior Vice
President and Oregon Division President of William Lyon Homes,Inc.,a California corporation,on behalf
of said corporation.
Nosey Pubic
Sum of Wilde.* motaw } t
Nory l�lic for the state"of1.444Sh#14.43
MOM L THORPE MY cormnission expires: 11,440.41 222
-
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lbw 24 X10
proximal 6
EXHIBIT A
Appurtenant Easement Areas,Burdened Lots and Benefited Lots
Appurtenant Burdened Lots) Benefited Lots)
Easement Area"'
Easement 1 Lot 4 Lots 1,2 and 3
Easement 2 Lots 8 and 9 Lots 5,6,7,8,9, 10,11,12 and 13
Easement 3 Lots 18 and 19 Lots 14, 15, 16,17,18,19,20,21
and 22
Easement 4 Lots 28 and 29 Lots 23,24,25,26,27,28,29,30,
31,32 and 33
Easement 5 Lots 38 and 39 Lots 34,35,36,37,38,39,40,41,
42 and 43
*As legally described and depicted on the attached Exhibit B.
{00650333;1} A-1
EXHIBIT B � ?iaiii4?E1'
March 14, 2017
LEGAL DESCRIPTION Job No. 395-041
Private Utility Easement
Five easements within Lots 4, 8, 9, 18, 19, 28, 29, 38, and 39, plat of "River Terrace East",
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:
Easement 1
COMMENCING at the Northeast corner of said Lot 4;
thence along the northerly line of said Lot 4, North 89°5843" West, a distance of 6.00 feet, to
a point on a Public Utility Easement line granted in said plat, being the POINT OF BEGINNING.;
thence continuing along said northerly tine, North 89°58'43" West,a distance of 51.00 feet;
thence parallel with and 57.00 feet westerly of the westerly Right-of-Way line,of SW 169th
Avenue, South 00°01'17" West, a distance of 7.00 feet to a point on a building wall;
thence along said building wall and its extension, South 89°58'43"East, a distance of 51.00 feet
to a point on said Public Utility Easement line;
thence along said Public Utility Easement line, North 00°01'17' East, a distance of 7.00 feet to
the POINT OF BEGINNING.
Containing 357 square feet, more or Less.
Easement 2
COMMENCING at the Northeast corner of said Lot 8;
thence along the northerly line of said Lot 8, North 89858'43" West, a distance of 6.00 feet, to
a point on a Public Utility Easement line granted in said plat, being the POINT OF BEGINNING;
thence along said.Public Utility Easement line, South 00°01`17'West, a distance of 5.00 feet to
a point on the extension of a building watt;
thence along said building wall and its extension, North 89°58'43" West, a distance of 51.00
feet;
thence parallel with and 57.00 feet westerly of the westerly Right-of-Way tine of SW 169th
Avenue, North 00801'17"East, a distance of 10.00 feet to a point on a building wall;
thence along said building wall and its extension, South 89°58'43"East,a distance of 51.00 feet
-- to a point on said Public Utility Easement line;
Page 1 of 6
12564 SW Main Street,Tigard,OR 97223 ♦ [T)503-941-9484 in 503-941-9485
thence along said Public Utility Easement tine, South 00°0117"West, a distance of 5.00 feet to
the POINT OF BEGINNING.
Containing 510 square feet, more or less.
Easement 3
COMMENCING at the Northeast corner of said Lot 18;
thence alongg the northerly line of said Lot 18, North 89458'43"West,a distance of 6.00 feet, to
a point on a Public Utility Easement line granted in said plat, being the POINT OF BEGINNING;
thence along said Public Utility Easement line, South 00401'17"West, a distance of 5.00 feet to
a point on the extension of a building wall;;
thence along said building watt and its extension, North 89458'43" West, .a distance of 51.00
feet;
thence parallel with and 57.00 feet westerly of the westerly Right-of-Way tine of SW 169th
Avenue, North 00 0117" East, a distance of 10.00 feet to a point on a building wall;'
thence along said building wall and its extension, South 89°58'4r East, a distance of 51.00 feet
to a point on said Public Utility Easement tine;
thence along said Public Utility Easement tine, South 00."01'1T'West, a distance of 5.00 feet to
the POINT OF BEGINNING.
Containing 510 square feet, more or less.
Easement 4
COMMENCING at the Northeast corner of said Lot 28;
thence along the northerly tine of said Lot 28, North 89°58.4r West, a distance of 6.00 feet, to
a point on a Public Utility Easement tine granted in said plat, being the POINT OF BEGINNING;
thence along said Public Utility Easement Eine, South 00°01'iT' West, a distance of 10.00 feet
to a point on the extension•of a building watt;
thence along said building watt and its extension, North 89°5843" West, a distance of 39.00
feet;
thence parallel with and 45.00 feet westerly of the westerly Right-of-Way tine of SW 169th
Avenue, North 004011T East,a distance of 10.00 feet to a point on said northerly tine;
thence along said northerly tine, North 89°58.4r West,a distance of 12.00 feet;
---,
thence parallel with and 57.00 feet westerly of the westerly Right-of-Way tine of SW 169th
Avenue, North 00401'17' East, a distance of 5.00 feet to a point on a building watt;
Page 2 o 6
Pacific Community Design, Inc.
12564 SW Main Street,Tigard,OR 97223 a 11)503-941-9484 [F3 503-941-94135
thence along said building wall and its extension, South 89`58'43"East, a distance of 51.00 feet
to a point on said Public Utility Easement line;
thence along said Public Utility Easement line,South 00°01'17"West, a distance of 5.00 feet to
the POINT OF BEGINNING.
Containing 645 square feet,more or less.
Easement 5
COMMENCING at the Northeast corner of said Lot 38;
thence along the northerly tine of said Lot 38, North 89°5843'West, a distance of 6.00 feet, to
a point on a Public Utility Easementtine granted in said plat, being the POINT OF BEGINNING;
thence along said Public Utility Easement line, South 00°0117' West, a distance of 10.00 feet
to a point on the extension of a building wall;
thence along said building wait and its extension, North 89°58'43" West, a distance of 51.00
feet;
thence parallel with and. 57.00 feet westerly of the westerly Right-of-Way tine of SW 169th
Avenue, North 00°0117" East, a distance of 15.00 feet to a point on a building wall;
thence along said building wall and its extension, South 89°58'43"East, a distance of 51.00 feet
to a point on said Public Utility Easement line;
thence along said Public Utility Easement line, South 00°0117`West, a distance of 5.00 feet to
the POINT OF BEGINNING.
Containing 765 square feet, more or less.
Basis of bearings being peat 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 3 of 6
Pacific Community Design,Inc.
12564 SW Main Street,Tigard.OR 97223♦ [1]503-941-9484[Fl 503-941-9485
I 13
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`*'_"1 POINT OF
.
-COMMENCEMENT
P 6f \...
EASEMENT 2
z ( N89'58'43"W
8 N89'58'43"+;/ ` 6.00' t
ori 8 51.00' 1..._S00'01'17"W
IN. I 5.00'
7 1
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-----1\ N89'58'43"W
8 5 51.00' POB EASEMENT 1
3 r•:--11 POINT OF
I COMMENCEMENT
o EASEMENT 1
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8 r III 1111111 _' n i 4 N89`58'43"W
S89'58'43"E 6.00'
51.00' NO0'O1'17"E
.....•,u: 1 7.00'
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EXHIBIT B
i PRIVATE UTILITY EASEMENT
6
DRAWN BY: GPS DATE. 3/14/17ii
_ _... ...
REVIEWED BY: TCS DATE:
3/14/17
12564 SW Main St
PROJECT NO.: 395-041
: I C Tigard, OR 97223
( ,_ i k I:1 I [1] 503-941-9484
a SCALE. "=34' I ),..-.1 .. [F] 503-941-9485
PAGE 4 OF 6
� f
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20
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POB EASEMENT 3
w r f POINT OF
v o $ V COMMENCEMENT
a ---Q o EASEMENT 3
8N89 58'43"Wt
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p 18 89'58'43"W SOO'Ot'17"W
'� 51.00' 5.00' w
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EXHIBIT B
PRIVATE UTILITY EASEMENT
A DRAWN BY: GPS DATE 3/14/17
• REVIEWED BY: TCJ DATE:—.J11-11:17._
12564 SW Main St
a PROJECT NO.: 395-041. Tigard, OR 97223
gSCALE 1"=30' t > -„,-„, ,t % [T] 503-941-9484
Z [F] 503-941-9485
PAGE 5 OF 66
- --S89 58'43"E S00`01'17"W
39 01.00' 5.000'
IA
t ( IPO8 EASEMENT 5
I
_[ �' POINT OF
N.84 COMMENCEMENT
-
EASEMENT 5
01 N89'S8'43"W
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8 38 N89'58'43"W 500'01'17"W
0 51.00' 10.00'
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6.00' -..-
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DOCUMENT 0.011206 ^�I 33.
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30 —S89 58'43"E 29.00' 29.00'
51.00'
e. t SOQ"O1'17"W
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f �' u' POB EASEMENT 4
r tV/ PNT0FN
Ci COMMENCEMENT
= 8 T i N89"a8'43 W N$9 W4
Z 3 39.004)
N89'58'43"W 4 1 6.00 ,
12.00' SOOT er17"W
%
NOO'O1'17"E 28 o f 10.00'
10.0 o
EXHIBIT B
PRIVATE UTILITY EASEMENT
DRAWN BY: CPS DATE. 3/14/17
REVIEWED BY: TCJ DATE; 3/14/17 12564 SW Main St
. , Tigard, OR 97223
395-041
SCALE:;PROJECT ND. : 503-941-9484
i �¢ 1 5��`ti; ,��!�' � �]
1"=30' 19 503-941-9485
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PAGE 6 OF 6
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