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Report (28) z1. 5 , 31), s w k lak Gc2cr%cf74- Washington County,Oregon 2016_037438 c D-E AFTER RECORDING RETURN TO: Stn=27 S AKINS 05/18/2016 11:17:32 AM D.R.Horton,Inc.-Portland $40.00$11.00$5.00$20.00 $78,00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex- 4380 SW Macadam, Suite 100 Officio County Clerk for Washington County,Oregon,do hereby Portland,OR 97239 certify that the within instrument of writing was received and recorded in the book of records of said county. Attn: Christian Scott Richard Hobemicht, Director of Assessment and Taxation,Ex-Officio o DECLARATION OF DRAINAGE EASEMENTS 0(0 (Plat of Summit Ridge No. 5, Washington County,Oregon) O 0Z •Q m This Declaration of Drainage Easements ("Declaration") is made by D. R. Horton, Inc. - N Portland,a Delaware corporation ("Horton")on "( , - 2016. c N , Q RECITALS QA. Horton is the owner of Lots 144-164 (the "Lots")and Tract D as shown on the plat of � ¢ Summit Ridge No. 5 recorded as Document No. 2016008452 in the Plat Records of Washington County, Oregon. B. Horton desires to declare private easements over the certain of the Lots to receive stormwater drainage from other Lots, all as described herein and as shown on the plat of Summit (4" Ridge No. 5. EASEMENT NOW THEREFORE,Horton hereby declares the following: g 1. Lots 147-153 Easement. Horton hereby establishes a perpetual easement for the installation, location and maintenance of an underground drainage system to be installed along the retaining wall at the rear of each of Lots 147-153, as more particularly shown in the attached Exhibit A. The easement shall permit stormwater from Lots 147-153 to discharge into a U common drainage system and be transported to an outfall point in Lot 153. 2. Lots 144-146 and 154-157 Easement. Horton hereby establishes a perpetual easement for the installation, location and maintenance of an underground drainage system to be installed along the retaining wall at the rear of each of Lots 144-146 and 154-157, as more CC particularly shown in the attached Exhibit B. The easement shall permit stormwater from Lots CC 144-146 and 154-157 to discharge into a common drainage system and be transported to an outfall point in Lot 154. • 3. Lots 159-164 Easement. Horton hereby establishes a perpetual easement for the installation, location and maintenance of an underground drainage system to be installed along the retaining wall at the rear of each of Lots 159-164, as more particularly shown in the attached Exhibit C. The easement shall permit stormwater from Lots 159-164 to discharge into a common drainage system and be transported to an outfall point in Lot 159. PAGE 1. DECLARATION OF DRAINAGE EASEMENT 4. Lot 158 and Tract D Easement. Horton hereby establishes a perpetual blanket easement over Tract D for storm water outfall from a drainage system installed on Lot 158. 5. Maintenance of Easement Area; Easement for Maintenance. The maintenance, repair and replacement of each drainage system shall be the responsibility of the owners whose Lots benefit from the system. The Lot owners shall cooperate in the periodic inspection and maintenance of the various drainage systems. 7. Benefits and Burdens. The benefits and burdens of the easements and covenants contained in this Declaration shall run with the Lots so benefitted or burdened and all future Lot owners thereof. 8. Dispute Resolution. Any unresolved dispute between or among any of the parties benefitted or burdened by the easement and obligations hereunder shall be submitted to mediation within a reasonable time after the dispute arose, and if the dispute cannot be settled through mediation within a reasonable time after the mediation is commenced,the matter may be submitted to binding and non-appealable arbitration upon the application of any party to the dispute. No attorney fees may be awarded by the mediator or arbitrator, but the arbitrator may award reimbursement of the cost of the arbitration to the prevailing party. The dispute resolution provisions in this Section 8 shall be the exclusive means oesolving any disputes with respect to the easement rights and obligations contained in this agre: -nt. D. R. HOR illIN —PO TLAND, a Delaware corporatio' By: .it o lark Its: Division President and Vice President STATE OF OREGON ) ) County of Multnomah ) Irl A,4 1.3j , 2016,personally appeared before me the above-named M. Scott Clark, who,being duly sworn,did say that he is the Division President and Vice President of D.R.Horton,Inc. -Portland,and that said instrument was signed in behalf of said corporation by such individual. 1 144 .'A ,0_,",. OFFICIAL STAMP Nota Public for Oregon . � KRISTINA LYNN HOSEA �' v�' "' i NOTARY PUBLIC-OREGON \` „� COMMISSION NO.928071 MY COMMISSION EXPIRES APRIL 30,2018 PAGE 2. DECLARATION OF DRAINAGE EASEMENT g CMT SURVEYING& CONSULTING INC. EXHIBIT "A" MAY 3,2016 PROJECT NO. 144-598 LEGAL DESCRIPTION STORM DRAIN EASEMENT A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9,TOWNSHIP 2 SOUTH, RANGE I WEST,OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON, BEING A PART OF LOTS 147, 148, AND 149, "SUMMIT RIDGE NO. 5," WASHINGTON COUNTY PLAT RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A POINT ON THE WEST LINE OF SAID LOT 149 WHICH BEARS NORTH 0I°15'46"EAST,4.00 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE ALONG SAID WEST LOT LINE, NORTH 01°15'46"EAST,5.00 FEET TO A POINT;THENCE LEAVING SAID WEST LOT LINE,SOUTH 88°32'31"EAST, 163.30 FEET;THENCE NORTH 01°27'29"EAST,11.65 FEET;THENCE SOUTH 88°26'42"EAST,13.95 FEET TO A POINT ON THE EAST LINE OF SAID LOT 147;THENCE ALONG SAID EAST LOT LINE,SOUTH 01°27'29" WEST, 5.00 FEET TO A POINT; THENCE LEAVING SAID EAST LOT LINE,NORTH 88°26'42", 8.95 FEET; THENCE SOUTH 01°27'29"WEST,11.64 FEET;THENCE NORTH 88°32'31"WEST,168.28 FEET TO THE POINT OF BEGINNING. CONTAINING 944 SQUARE FEET,MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE PLAT OF "SUMMIT RIDGE NO. 5," WASHINGTON COUNTY PLAT RECORDS. REGISTERED PROFESSIONAL LAN SURVEOR JULY7.4ez � 12 005 SHAUN P. FIDLER 50333 RENEWAL DATE DECEMBER 31, 2017 9136 SE St Helens St Suite J * PO Box 3251 * Clackamas, OR 97015 IT] 503.850.4672 * [F] 503.850.4590 Y:\144-598\docs\1.147-149 SR5 SDE LEGAL.docx , CMT SURVEYING AND CONSULTING 9138 SE ST HELENS ST. SUITE J, PO BOX 3251. CLACKAMAS, OR 97015 PHONE (503) 850-4672 FAX (503) 850-4590 CLIENT: DR HORTON BASIS OF BEARINGS = PLAT OF DATE: 05/02/2016 ADDRESS: N/A SUMMIT RIDGE NO. 5. EXHIBIT B 1 LEGAL: SE 1/4 SEC 9, T2S, R1W, W.M. COUNTY: WASHINGTON DRAWN: RLMc PROJECT:E�� 144-598 dI SW KOSTEL LN N O. 5" "SUMMIT RIDGE 1 id Q LOT 149 • LOT 148 LOT 147 F- V) w 5.00' WIDE STORM W 3 I pi DRAIN EASEMENT o� o� .- 944 SQ FT+/- S 88'26'42" E "n Ii...p N. ' N 13.95' 00 0tc! r'--moo U) z �— uicn z S 88'32'31" E 163.30' J 8.95' 'L 88'26'42" W wo�► N 8832'31" W r 168.28' ..J I t0 0 i ,tom in POINT OF o 7-N 70) BEGINNING d N O N z O LOT 150 LOT 151 LOT 152 LOT 153 rn SCALE 30 0 15 30 1 INCH = 30 FEET I EXHIBIT "B " SKETCH TO ACCOMPANY LEGAL DESCRIPTION CMT SURVEYING& CONSULTING INC. EXHIBIT "A" MAY 3,2016 PROJECT NO. 144-598 LEGAL DESCRIPTION STORM DRAIN EASEMENT A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9,TOWNSHIP 2 SOUTH, RANGE I WEST,OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON, BEING A PART OF LOTS 144, 145, AND 146, "SUMMIT JUDGE NO. 5," WASHINGTON COUNTY PLAT RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A POINT ON THE WEST LINE OF SAID LOT 146 WHICH BEARS NORTH 01°27'29"EAST,3.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE ALONG SAID'WEST LOT LINE, NORTH 01°27'29"EAST,5.00 FEET TO A POINT;THENCE LEAVING SAID WEST LOT LINE,SOUTH 88°32'31"EAST, 176.35 FEET TO A POINT ON THE EAST LINE OF SAID LOT 144;THENCE ALONG SAID EAST LOT LINE, SOUTH 01°14'45" WEST, 5.00 FEET TO A POINT; THENCE LEAVING SAID EAST LOT LINE, NORTH 88°32'31"WEST, 176.37 FEET TO THE POINT OF BEGINNING. CONTAINING 881 SQUARE FEET,MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE PLAT OF "SUMMIT RIDGE NO. 5," WASHINGTON COUNTY PLAT RECORDS. ERED 1 PROFESSIREGISTONAL LAND SURVEYOR ,...,( OREGON JULY 12. 2005 SHAUN P. FIDLER 50333 RENEWAL DATE DECEMBER 31, 2017 9136 SE St Helens St Suite J * PO Box 3251 * Clackamas, OR 97015 [T) 503.850.4672 * [F] 503.850.4590 Y:1I44-598\docs1L144-146 SR5 SDE LEGAL.docx @ . CMT SURVEYING AND CONSULTING 9138 SE ST HELENS ST, SUITE J. PO BOX 3251. CLACKAMAS, OR 97015 PHONE (503) 850-4672 FAX (503) 850-4590 CLIENT: DR HORTON BASIS OF BEARINGS = PLAT OF DATE: 05/02/2016 ADDRESS: N/A SUMMIT RIDGE NO. 5 EXHIBIT B 2 LEGAL: SE 1/4 SEC 9, T2S, R1 W, W.M. COUNTY: WASHINGTON DRAWN: RLMc PROJECT: 144-598 Cr SW KOSTEL LN 0- r _ ., , U M M I T RIDGE N O. 5" I "S LOT 146 LOT 145 LOT 144 I— V) I N') w 5.00' WIDE STORM '-" a, DRAIN EASEMENT N 881 SQ FT+/- N 0 000 ui z u S 88'32'31" E L_176.35' ;n C : "o b. I u^ N 88'32'31" W i r 176.37' -. alit CO,e; is- POINT OF NKi BEGINNING B z 1 LOT 154 LOT 155 LOT 156 LOT 157 t SCALE 30 0 15 30 um mi MIll MI Nim 1 INCH = 30 FEET EXHIBIT "B " SKETCH TO ACCOMPANY LEGAL DESCRIPTION CMT SURVEYING& CONSULTING INC. EXHIBIT "A" MAY 3,2016 PROJECT NO. 144-598 • LEGAL DESCRIPTION STORM DRAIN EASEMENT A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9,TOWNSHIP 2 SOUTH, RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON, BEING A PART OF LOTS 159-164,"SUMMIT RIDGE NO.5,"WASHINGTON COUNTY PLAT RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A POINT ON THE WEST LINE OF SAID LOT 164 WHICH BEARS NORTH 01°15'46"EAST,59.24 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE ALONG SAID WEST LOT LINE, NORTH 01°15'46"EAST,5.00 FEET TO A POINT;THENCE LEAVING SAID WEST LOT LINE,SOUTH 88°32'31"EAST, 310.68 FEET TO A POINT ON THE EAST LINE OF SAID LOT 159;THENCE ALONG SAID EAST LOT LINE, SOUTH 01°14'45" WEST, 5.00 FEET TO A POINT; THENCE LEAVING SAID EAST LOT LINE, NORTH 88°32'31"WEST,310.69 FEET TO THE POINT OF BEGINNING. CONTAINING 1,553 SQUARE FEET,MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE PLAT OF "SUMMIT RIDGE NO. 5," WASHINGTON COUNTY PLAT RECORDS. REGISTERED PROFESSIONAL LAND, SURVEYOR /4/ 7.2„,.e "7 OREGON JULY 12, 2005 - SHAUN -P. FIDLER 50333 RENEWAL DATE DECEMBER 31, 2017 9136 SE St Helens St Suite J* PO Box 3251 *Clackamas, OR 97015 [1] 503.850.4672 * [F] 503.850.4590 Y:\144-598\docs\LI59-164 SR5 SDE LEGAL.docx CMT SURVEYING AND CONSULTING 9138 SE.ST HELENS ST. SUITE J. PO BOX 3251. CLACKAMAS. OR 97015 PHONE (503) 850-4672 FAX (503) 850-4590 CLIENT: DR HORTON BASIS OF BEARINGS = PLAT OF DATE: 05/02/2016 ADDRESS: N/A SUMMIT RIDGE NO. 5 EXHIBIT B 3 LEGAL: SE 1/4 SEC 9, T2S, R1 W, W.M. COUNTY: WASHINGTON DRAWN: RLMc PROJECT: 144-598 cJrn _ 1_ _ _ SW BLACK WALNUT ST h V! ,� VMMIT RIDGE NO. 5 I � S W W j LOT 164 LOT 163 LOT 162 LOT 161 LOT 160 LOT 159 W • o oa CL z ui� S 88'32'31" E I I 310.68' b < o- w 1 N 88'32'31" W 1 310.69' '�_r 1 POINT OF o * BEGINNING b 5.00' WIDE STORM cn ;acv u.1 DRAIN EASEMENT r ci °0 1,553 SO FT+/- o � 1 zk SCALE SW 50 0 25 50 PINE VIEW ST 1 INCH = 50 FEET EXHIBIT "B " SKETCH TO ACCOMPANY LEGAL DESCRIPTION