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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 I I 30.0' STORM DRAIN EASEMENT I I r•T . -. -•- -• -•- -•- — i I w I in 5', 4CY lY 8 VERED I , I I I I I ! I PROPOSE I RESIDENC PLAN # 1 330 F.P.E.-101.00 i I G.F.E.= 100.50' I - I 4V`_RE = 11111111- -- i I P _PO ZCI-L I i ` I CONC. WALK I 4" CONC ei Fv i o0 oa LEGEND L._— — — — — SIDEWALK 52.50' 00.0 i oo.oa 6 3" SEWER ® I" WATER PLANTER 0 GAS 0 POWER 5W 79th AVE. - -- RAIN DRAIN NAME: SITE PLAN DATE: 4-413 SCALE: 1 "= 20.00' PLAN: PLAN #1330 DRAWN BY: DENNIS TROXEL ADDRESS: