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Washington County,Oregon 2016-037438
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 $76.00
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 Hobernicht,Director of
Assessment and Taxation, Ex-Officio
c DECLARATION OF DRAINAGE EASEMENTS
o
0 25
(Plat of Summit Ridge No. 5, Washington County,Oregon)
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mE This Declaration of Drainage Easements ("Declaration") is made by D. R. Horton, Inc. -
PI' Portland,a Delaware corporation ("Horton")on ' if2016.
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8 ca
RECITALS
Q 3 A. Horton is the owner of Lots 144-164 (the "Lots")and Tract D as shown on the plat of
le 1 Summit Ridge No. 5 recorded as Document No. 2016008452 in the Plat Records of Washington
i]- 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.
1
ti EASEMENT
`v NOW THEREFORE,Horton hereby declares the following:
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a.
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
(X 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.
EE 2. Lots 144-146 and 154-157 Easement. Horton hereby establishes a perpetual
W
Q easement for the installation, location and maintenance of an underground drainage system to be
Fr 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
7....I.....M.I.MI....l..Im.l.I.m.lmlmm'nm'mm' m'u ----asemen4t.
Lot158andTract DEasement. Hortonherebyestablishesa perpetualblanket
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 IN PO •TLAND, a Delaware
corporatio',
By: .1� 1
r o "'lark
Its: Division President and Vice President
STATE OF OREGON )
)
County of Multnomah )
ali4"/ /3 ,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.
4,titiAtiviA-Ga--
,i-14'.."- OFFICIAL STAMP Notary Public for Oregon
. .-7., fir KRISTINA LYNN HOSEA
'I ,J/ NOTARY PUBLIC-OREGON
! ' COMMISSION NO.928071
MY COMMISSION EXPIRES APRIL 30,2018
PAGE 2. DECLARATION OF DRAINAGE EASEMENT
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 01°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 SURVE OR
OREGON
JULY 12, 2005
SHAUN03. IDLER
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:\144-598\docs\1147-149 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, R1 W, W.M.
COUNTY: WASHINGTON
DRAWN: RLMc
PROJECT: 144-598
t/r
SW KOSTEL LN
NO. 5„
„SUMMIT RIDGE
LOT 149 LOT 148 LOT 147 1—
w 5.00' WIDE STORM w 3 ( 1 )
DRAIN EASEMENT N N r-
944 SQ FT+/- N S 88'26'42" E i-
o i;1) 13.95'
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z� S 88'32'31" E 163.30' z7-- 1 J N.95'N
N 88'32'31" W
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Ir) POINT OF o �N
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LOT 150 LOT 151 LOT 152 LOT 153 In 1
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 l WEST,OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON,
BEING A PART OF LOTS 144, 145, AND 146, "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 146 WHICH BEARS NORTH 01°27'29"EAST,3.75
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE ALONG SAID'WEST LOT LINE, NORTH
01°27'2r 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.
REGISTERED
1
PROFESSIONAL
LAND SURVEYOR
R
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, R1W, W.M.
COUNTY: WASHINGTON
DRAWN: RLMc
PROJECT: 144-598
,9Th SW KOSTEL LN
0, , ("-- .
RIDGE NO, 5"
usuMMIT
< LOT 146 LOT 145 LOT 144
F-
V)
I r") W 5.00' WIDE STORM
a, DRAIN EASEMENT
N 881 SO FT+/-
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N
O Io !C1
z vi S 88'32'31" E _ 35'
—o�
I W;i N 88'32'31" W f' 176.37' i
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N. POINT OF n
` BEGINNING "i
E;
0
z
I LOT 154 LOT 155 LOT 156 LOT 157
I
SCALE
30 0 15 30
IMO mi 111111•1111110
I — NM MINIM
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
/i.":972_, C.
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
[TJ 503.850.4672 * [F] 503.850.4590
Y:\144-5981docs\L159-164 SR5 SDE LEGA L.docx
•
CMT SURVEYING AND NSULTING
9138 SE.ST HELENS ST, SUITE J. PO 90X 3251, CLACKAMAS, OR 97515=CIPPH
ONE (503) 850-4672 FAX (503) 850-4590
CLIENT: DR HORTON BASIS OF BEARINGLAT OF DATE: 05/02/2016
ADDRESS: N/A SUMMIT RIDGE NO. EXHIBIT B 3
LEGAL: SE 1/4 SEC 9, T2S, R1 W, W.M.
COUNTY: WASHINGTON
DRAWN: RLMc
PROJEECj(T: 144-598
SW BLACK WALNUT ST
M1� IT RIDGE NO. 5 I �
°S U w
LOT 164 LOT 163 LOT 162 LOT 161 LOT 160 LOT 159 W
0 1 J
;--
oa-
zui S 88'32'31" E 1 31.68' o
W N 8$'32'31" W 310.69' '��- 1
s POINT OF o U)
4. BEGINNING o 5.00 WIDE STORM u�
a 111 DRAIN EASEMENT
r °p 1,553 SQ FT+/-
0
z�
1
J
SCALE
50 0 25 50
PINE VIEW ST
1 INCH = 50 FEET
EXHIBIT " „
SKETCH TO ACCOMPANY LEGAL DESCRIPTION