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Report (110) :mss After Recording Return To: gi: Radler White Parks&Alexander LLP 1 1. Z. Attn.: Susan Zimmerman 14 111 SW Columbia Street,Suite 1100 A is I Portland,OR 97201 la ill: DECLARATION Of NATURAL GAS UTILITY EASEMENTS ti (River Terrace East) ..i.stiA THIS DECLARATION OF NATURAL GAS UTILITY EASEMENTS (this "Declaration") is made and entered into as of May Li, 2017, by ADLV Land Holdings tic, a Delaware limited liability company ("ADLV1, and William Lyon Homes, Inc., a California corporation ("WW1. 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"Lacs")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. DECLARATION NOW,THEREFORE,Declarants hereby establish the easements described in Section 2 below with respect to the Lots,subject to 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: --�, 3.•1 "Benefited Lot" means each of the Lots identified as a Benefited Lot on the attached Exhibit A. 100650333;1} 1 1:2 "Burdened Lot" means each of the Lots identified as a Burdened Lot on the attached Exhibit A. 13 "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 "Lot"means each of the Lots identified in Recital A and Recital B above. 16 "Natural Gas Facilities" means natural gas lines, natural gas metersand 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 work in 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 forceand effect generalpublic 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. 5. 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, Disoutes. :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 removal of 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 alt 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 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. 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. ii. 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 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 Bioni Signature Pages Follow) • {00550333;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 By: Name: 61 j►Ay��Laura Title: :k i neoa k--4+i . STATE OF itker..tEili? ) )ss. County of ) The foregoinginstrument was acknowledged before me on May /-2017, by i ep,d , /' k , ast r-zu4 ,p 0.6x—L VL of ADLV Land Holdings LLC, a Delaware limited liability company,on behalf of the limited liability company. k;if.i/ Jo it MIX �PU1UC.bores Notary Public for ,j444 as. � �l My Commission Expires:Agri/ /05 to/6 Asia 201a foo65a333;1} 5 DECLARANT: WILLIAM LYONHOMES,INC., a California corporation Br Fred - - Se *041 President and Oregon D P STATE OF tii.70411111 ) ) Coutotir nty of This instrument was acknowledged before me on May I, 2017, by Fred Gast, Senior Vice President and Oregon Division President of Witham Lyon Homes,inc.,a California corporation,on behalf of said corporation. Notor y Pubic 444e444trowsov--- State-of Wastangton Notary Public for the State A MOM Tigitiof My commission expires: MAI 22 My Cumedidcon Wins Nit 210,242/ 1006509334} 6 EXHIBIT A Appurtenant Easement Areas,Burdened Lots and Benefited Lots Appurtenant Burdened Lot(s) Benefited Lot(s) 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. 100650333;1} A-1 EXHIB.ITB }st 1l;tkiti! N 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°58'43" 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 continuing along said northerly line, 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°0117"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 UtilityEasement 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 89°58'43° 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 tine, South 00°0117'West, a distance of 5.00 feet to a.;point on the extension of a building wall; 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 line of SW 169th Avenue, North worm East, a distance of 10.00 feet to a point on a;building wall; thence along said building wait and its extension, South 89`58'43" East,a distance of 51.00 feet to a point on said Public Utility Easement line; Pagei of 6 12564:SW Main Street,Tigard,OR 97223 • [T]503-941-9484 19 503-941-9485 thence along said Public Utility Easement line, South 00°011T 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 along the northerly tine of said Lot 18, 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 along said Public Utility Easement tine, South 00°0117"West, a distance of 5.00 feet to a point on the extension of a building,wait; thence along said building watt and its extension, North 89°58'4r 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, North 0000117"East, a distance of 10.00 feet to a point on a building watt; thence along said building watt and its extension, South 89°584r 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.510 square feet, more or less. Easement 4 COMMENCING at the Northeast corner of said Lot 28; thence along the northerly line of said Lot 28, North 89°58'43° 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°0117" West, a distance of 10.00 feet to a point on the extension of a building wall; thence along said building wall 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 line of SW 169th Avenue, North 00°0117"East, a distance of 10.00 feet to a point on said northerly tine; thence along said northerly line, North 89°58'43"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 0000117"East, a distance of 5.00 feet to a point on a building wall; Page 2 Of 6 Pacific Community Design.inc. 12544 SW Main freet,Tigard,OR 97223• in 503-941-9484(Fl 503-941-9485 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 645 square feet, more or less. Easement 5 COMMENCING at the Northeast corner of said Lot 38; thence along the northerly line of said Lot 38, North 89°58`43"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 line, South 00°01'1T' West, a distance of 10.00 feet to a point on the extension of a building wall; thence along said building watt and its extension, North 89°58'4r 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°01'17" East, a distance of 15.00 feet to a point on a building watt; 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 plat of"River Terrace Northwest", Washington County Plat Records. REGISTERED PROFESSIONAL LAND SURVEYOR L. OREGON JULY 02 TRAVIS C.JANSEN 57751 RENEWS:6/30/2017 Page 3 of 6 Pacific Community Design,Inc. 12564 SW Main Street,Tigard,OR 97223, fT]503-941-9484[F]503-941-9485 13a I \" I I 1 w 12 I z 1 d — — - 11 I I SW BIRDSONG STREET coix I 3 10 I cn 1 / —- S00117'WQ s89.58'43"E 0 ' a 51.00' /5.00 w an 4..--,, ;J,/_P0B EASEMENT 2 o POINT OF —1-o '"'�—COMMENCEMENT EASEMENT 2 z 4_1 I I N89'S8'43"W ID 0 8 N89'58'43"W 6.00' i 51.00' SO001'1 7"W '.. I 5.00' 7 il I I 1 6 6.00' I PIE� ('� .. I ! 29.00' 129.00' I N89'58'43"W I —� 5 5 00' I POB EASEMENT 1 g. POINT OF 3 I 7 COMMENCEMENT g o EASEMENT 1 P^ i uon I N89'58'43"W 4 S89"58'43"E 6.00' 3 51.00' NOO 01'17"E W1111111.1 3 I 7.00' I t I 1 ! 1 t 2 I 1 1 t t SI -� �1 t \ \ G1 EXHIBIT B I PRIVATE UTILITY EASEMENT DRAWN BY: GPS DATE. 3!14/17 u_ REVIEWED BY: ICJ DATE: 3/14/17 r 12564 SW Main St I ;, PROJECT NO.: - 395-041 ; Tigard, OR 97223 zt "_ _ , : _ , ? g k, [1] 503-941-9484 SCALE 1"=30' , , '' [F] 503-941-9485 z I1,:',1,.';; PAGE 4 OF 6_ 1 TRACT B -- (/ ---1 122 ( 21 20 : iT 0 19 S89 58'43"E 500'01'17"W u• 51.00' 5.00' IA j "" ( rTlf PPOIOBNT OF EASEMENT 3 I o © $ 7 COMMENCEMENT c, 1 EASEMENT 3 z fi —N89'58'43"W 6.00' g 18 N89`58'43"W S00'01'174 I ui 51.00' 5.00' W I I z 17 I I . I I 6.001 8 16 PUE ( 3 u) 15 I 29.00' 29.00' I t 147 m —J13l_I- j I EXHIBIT B g PRIVATE UTILITY EASEMENT A DRAWN BY: GPS DATE: 3/14/17 • REVIEWED BY: ICJ DATE_ 3/14117 12564 SW Main St Ti ard, OR 97223 ot PROJECT NO. ' 9 395-041'•. '- SCALE' 1._ ,• ., .'_. ...;„ ET] 503-941-9484 z PAGE OF s [F) 503-941-9485 II -: S89'58'43"E z-S00•91`17*W 0. 39 51.00' 5-00 _ _______ POB EASEMENT 5 kJ -TT1 POINT OF r..o i / COMMENCEMENT - 'is',Ti• f T . EASEMENT, 5 0- o N \-N89'58'43"W ......tj L.t.....11 a 38 1499.59.0°W 00'0117'1W '. c00i° 51.00' 10 --. 37 • co in 36 -wool I MINIM 3 4r.......nd. ••••••••••••1 SW LARKSPRING LANE 6.00' RUE--4."1 -.- DOCUMENT Na 2010-011206 ...........131..--L.1 32 f- 4 f ..... 31 1 ......* 1 30 —58958'43*E 29.00' 29.00' g 51.00' i °mil - . sOtrol'irVi -11 8 29 8 5.ocr I1 POB EASEMENT 4 1`...1.z.pii"---1 i I /-,Z001#ANkTIEL:).CFEmENT %, EASEMENTI 4 5 8 N89•58'43°W t IFN__ , * Z 39.00, :800978 43 W N8g58.1'432.z. 5000117V' X0 NO0'01'17"E 29 0 10.00' 10,09,: di - EXHIBIT B 1 I i PRIVATE UTIUTY EASEMENT I DRAWN BY: GPS DATE: 3/14117 a ' - REVIEWED BY: TCJ DATE- 3/14/17desow""r--4m..v.,.., ,,,,,, 12564 SW Main St Tigard, OR 97223 g PROJECT NO.. 395-041 ° -t.--- 33°- ..., 1 3 ,-. [11 503-941-9484 I SCALE: 1..30' -, PAGE 6 OF 6 [9 503-941-9485 -