84001365

GLENWOOD LANE PRIVATE ROADWAY AGREEMENT OF GLENWOOD HOMEOWNERS, An incorporated association of property owners

THIS AGREEMENT is made and entered into this 18th day of December, 1983, by and between the undersigned parties, listed on attached sheet with their addresses and appropriate designation of the property ownership, hereinafter referred to as "Landowners."

RECITALS:

The parties hereto are either vested in fee simple or are contractor purchasers of parcels of property located in Section 24, Township 2 North, Range 5 West, Willamette Meridian, and Section 14, Township 2 North, Range 5 West, Willamette Meridian, Washington County, Oregon, which property and parties are more particularly described in "Exhibit A" attached hereto and by this reference incorporated herein.

The purpose of this agreement is to specifically designate the location of a private roadway and provide the common use and maintenance thereof.

The parties hereto acknowledge that the roadway hereinafter described has heretofore been referred to as a non-specific reservation or grant in various deeds describing said are as "a perpetual roadway no less than fifteen (15) feet in width along any boundary line of the hereinafter designed tract to permit the peaceful ingress and egress of the public to and from any other tract in the vicinity hereof." The actual roadway used by property owners and in existence for approximately sixty (60) years in the are known as Glenwood is a roadway of various widths located generally along the east line of Section 23, Township 2 North, Range 3 West, Willamette Meridian, except for the southerly portion thereof (approximately 330 feet) which  terminates at the northerly right of way line of the Wilson River Highway, which portion has been established by use over and along a thirty (30) foot area easterly of the Section line and entirely with the property known as Tax Lot 1800, Account 2N5-23BA.

The parties hereto acknowledge an agreement designated "Bridge Construction and Maintenance Agreement of Glenwood Homeowners, an unincorporated association of property owners," executed on November 9, 1981, which agreement sets forth the terms and conditions for the maintenance of the bridge located within the roadway known as "Glenwood Lane"; and further that it is the desire of the parties hereto to maintain the terms and conditions of said agreement with respect to the maintenance of the roadway.

AGREEMENT:

The parties whose names are listed on attached "Exhibit A" are all property owners who property would be serviced by said roadway, and the description of their properties by tax lot number and deed reference is shown on said "Exhibit A"; and who, by affixing their names hereto, for themselves, their heirs, successors and assigns, do hereby grant and convey to each other the reserve unto themselves a permanent mutual and reciprocal easement for ingress and egress and utility purposes over and across the following described real property, hereinafter designated at "Glenwood Lane," to-wit:

A 30.00 foot wide roadway located in the Northwest quarter and the Northeast quarter of Section 23, Township 2 North, Range 3 West, Willamette Meridian. The centerline of said roadway being more particularly described as follows:

Beginning at a point on the centerline of the Wilson River Highway, State Highway No. 6, which bears South 173.71 feet and West 150.16 feet from the Southeast corner of the Northeast quarter of said Section 23, and running thence North 27 degrees 04'23" East, 329.54 feet to a point on the East line of the Northwest quarter of said Section 23; thence North 00 degrees 05'00" West along said East line, 1312.00 feet, more or less, to the North quarter corner of said Section 23, being terminous of the herein-described roadway.

SUBJECT TO the rights of the public to that portion lying within the right-of-way of the Wilson River Highway, in Washington County, State of Oregon.

The above described easement shall be non-exclusive and shall be appurtenant to each of the parcels of property described in "Exhibit A" attached hereto.

It is further agreed that each of the parties hereto, for themselves, their heirs, successors and assigns, do hereby specifically revoke all their right, title and interest in and to other easements for roadway purposes heretofore contained in deeds within their respective chains of title (see addendum) , excepting, however, an easement created by instrument, including the terms and provisions thereof, in favor or Willamette Industries Inc. for a logging road (affecting the south 75 feet of the North 105 feet of the East 25 feet of the described property), dated October 5, 1979, recorded October 31, 1979 as Fee No. 79-044901, Records of Washington County, Oregon. It is the intent of the parties hereto that "Glenwood Lane" be designated as the means of ingress and egress to the properties set forth on "Exhibit A" attached hereto. It is further understood and agreed that the property owners whose names and property descriptions appear on "Exhibit A" attached hereto may not have property which abuts on "Glenwood Lane" and that the use of "Glenwood Lane" will be made necessary by reason of other private roadway agreements, particularly the roadways known as "Roy Road," "Grover Lane" and "Grimmett Lane"; it is the intention of the parties hereto that the use of "Glenwood Lane" shall be extended to those property owners who have access over and across the above mentioned roadways.

USE AND MAINTENANCE CONDITIONS

The parties hereto agree that the establishment of "Glenwood Lane" and the maintenance of the same is necessary for the use and enjoyment of the properties involved, and the parties intend that the duties, assessments and obligations under this agreement are to run with the land and that this agreement shall bind the parties, their heirs, successors, administrators, executors, grantees and assigns. A memorandum of this agreement shall be recorded and noted by book and page upon any conveyances or their properties, to-wit:

"Access to the above described property is subject to the Private Roadway Agreement (Glenwood Lane) dated the 18th day of December, 1983, the terms and conditions of which the Grantees herein assume and accept."

In the event any of the property owners shall subdivide their properties and make additional tracts from the parcels, said parcels shall be considered additional tracts and owners of such subdivided parcels shall be responsible for the annual assessments.  The property owners making such transfers or subdivisions obligate themselves to pay the assessments established in that certain Bridge Construction and Maintenance Agreement of Glenwood Homeowners, dated November 9, 1981, recorded in the Film Records of Washington County, Oregon as Fee No. 82009878. It is understood and agreed that there shall be only one fee or assessment established for the use and maintenance of the bridge and "Glenwood Lane." It is further understood and agreed that Glenwood Homeowners Association shall administer the assessment and collection of the transfer and maintenance fee.

With respect to any dispute concerning the roadway, it is further understood and agreed that said dispute shall be submitted to arbitration in accordance with the Bridge Construction and Maintenance Agreement of Glenwood Homeowners, dated November 9, 1981, herein referred to. In the event of any litigation arising out of this agreement, it is further agreed that the prevailing party's reasonable attorneys' fees at trial or on appeal as adjudged by the trial or appellate court.

IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above written. The undersigned affix their signatures hereto for the express purpose of adopting the terms and conditions of the establishment of "Glenwood Lane" and the Glenwood Homeowners Association."

Maps 2N5-14, 2N5-23, 2N5-23BA