TRE2020-00036 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
I1( AKD
08/25/2020
Ahmed Youssef
14950 SW Wood hue Street
Portland, OR 97224
Re: Tree Removal Permit Record Number: TRE2020-00036
Dear Ahmed Youssef:
On 07/02/2020 you submitted an application for tree removal at 12712 SW ROCKY
MOUNTAIN CT. Your application specified that:
1 Douglas Fir
is/are proposed for removal. Based on the information supplied on your application,
this is a simple tree removal permit request.
City staff has reviewed your application and based on the relevant approval criteria in
the Urban Forestry Manual, your application has been:
Sensitive Lands Tree Replacement Required
Approved with conditions:
The applicant shall plant a replacement tree for each tree removed, or pay a fee in
lieu of planting, in accordance with the Sensitive Lands Tree Replacement
Standards in Section 6, part 2 of the Urban Forestry Manual.
This decision is final and valid for a period of up to one year after issuance unless
otherwise specified. Nothing prevents you from submitting another tree permit
application if the conditions and circumstances surrounding this removal have
changed.
If you have any questions, please contact us at arborist@tigard-or.gov or
503-718-2421. Please be sure to reference record number - TRE2020-00036.
Best regards,
Community Planning Division
City of Tigard
lirCity of Tigard ICOMMUNITY DEVELOPMENT DEPARTMENT RECEIVED
Tree Removal Permit Application JUL 0 2 2020
TIGARD Solicitud de PerinieoPara Remover Arboles CITY OF TIGARD
• p G
PROPERTY ADDRESS 1 DIRECCION DE LA PROPIF.DAD
12712 SW Rocky Mountain Ct REQUIRED SUBMITTAL
Address (Direction): ELEMENTS
/REQU7SITOS PARA APLICAR
APPLICANT I SOLICITANTE
Owners Signature/Written
Name (Norrtbre): AhmedYoussef Authorization
Address (Direction): 14950 SW Woodhue St firma del dueno/Autos aciefn par
Phone (Tel): 503-703-7638 Email:
ahmed.nour@gmail.com ertrito
�,( Site Plan(show location&
Owner (Duen ((1o): Same as applicant s ,ecies of each tree,2 copies)
(lgual al soluitante) rogsis(Indicar ubicaciony espede de
CONTRACTOR/ARBORIST INFORMATION cada arbol,2 capiar)
INFORMACION DEL CONTRATISTA/ARBOLISTA i Documentation (from removal
Company(Campania): A Cb0( (_4L -Tie-a- Cell of uz- L LC- criteria)
Documentation(del criteria de
Contact person(Contacto): .. (II cay% 0 4t4, qv. don)
ISA/CCB#: of N-1-b 607 Akeilqi Expiration(Exprrati dn): 03-o 1- 11- pplication Fee(complex only)
Address (Direction): C•0. Q,4 n Sa 04 Vwn cooJa4 s"
tam yf 666 Pago(cola pans el procero comple o)
Phone (Tel): q9-(- S-`�q$ Email: tc'trn Ufe-orcAwft c
TREE INFORMATION—to be completed by applicant
INFORMACION DEL ARBOL — el solicitante debe completar esta parte
FOR r,\FF 1.:'-.1 ON1,\
Treespecies (Erpaie del6rbol): Douglas Fir Soh)p.vra us() dei per,nn;it
#of trees (#de eirboles): 1 REVIEW PROCESS
Tree location(Ubicacion del arbol): Front Yard of the house d1 Simple 0 , ale
Fee(complex only):
Reason(s)for Tree Removal I Razones pars cortar el drbol TRE2020-00036
Case No.: _ __
I. SIMPLE REVIEW PROCESS I PROCESO DE REVISION SIMPLE Related Case No(s): NA
0 Tree is a hazard as determined ❑ Tree is dead(Arbol ertei muerto) Application accepted:
by an Arborist(E1 arbol es;en SC07/02/2020
pel f regrin to determinado par ttn 0 Removal required fox approved land use or Bp: Date:
arbolista) building pcnuit(Necesario pans la aprobaei6n
de tan permiso de aro de suelo o contraction) Application determined complete:
Tree is in an advanced state of SC 8/24/2020
decline (Arbol erta en enado de 1-7
Roots are causing damage By: Date:
deteriow avanZado) (Las rakes Wain causando dark)
Translated:
❑ Conflicts with TSP Project El Thinning necessary to protect other trees NA
(Conflicto con an praryedo de (Es necerario ralearpara proteger otror arboler) By: Date: NA _-
transportaeidn TSP) ❑ Location does not meet planting standards I:\Community Development 1 Land list Applications\O2Fomms
(Ubicaa6n no rumple con normas de plantacidn) and TemtAreAL nd use Appaatioas Rev.09/2018
CI Species is on nuisance tree list
(La erpene end en la Arta de arboler 0 Recommended by fire marshal
problematicos) (Fue recnmendado par el mariscal de incendior)
❑ It is infested with pests or disease ❑ Tree has sustained physical damage
(Et/el tnfertado con plagas o (Arbol estel ftricamente dalada)
enfermedades)
Fnr rnrnn fey revien'nn,,ov.crr new naoe I ice,
TREE REMOVAL PERMIT APPLICATION
II. COMPLEX REVIEW PROCESS (check applicable reason and provide brief proposal su:nrnary)
PROCESO DE REVISION COMPLEJO(Marque el motive aplraabky de arra explicaaidn breve)
D Blocking views or solar access 0 Undesirable species pgr Other (explain below)
(Bloqueo de vista o anoso solar) (Especie no deseada) Otto (opaque debajo)
1, d ,x wad
noiAaff ar•d Nay,iptPt
Please leave blank for staff I Dejar en blames pane el personal
THE APPLICANT SHALL CERTIFY THAT: EL SOLICITAIVTE CERTIFICA QUE.,
• The above request does not violate an, deed restriction" • La solicited anterior no viola nin:una rxrtricaidn de las
that ma, be attached to or imposed upon the subiect a arituras slelcri!re.tiedad you f'ueda ter conectada a o i,),nuerta
property. wls.lol'ie tmctis_ .
• If the application is granted,the applicant will exercise the • Si la solicited es concedida, el solicitante*rzerd los derecbos
rights granted in accordance with the terms and subject to concedidos de aawerdo con los ierminosy sujeto a las condi-lonely
all the conditions and limitations of the approval. limitaciones de la aprobacion.
• All of the above statements and the statements in the plot • Todar las declaraaiones anterioresy las declarations en el
plan,attachments,and exhibits transmitted herewith,are emquir, los documentos adiuntos,y muestras trarmitidas, son
true;and the applicants so acknowledge that any permit verdaderas;y los solititantes aci reconocen qua cualquierpermiso
issued,based on this application,and may be revoked if it is concedido, basado en ester solcitud,puede ser revoaado si se
found that any such statements are false. encuentra que alguna de estas afmnaciones es falsa.
• The applicant has read the entire contents of the • El solicitante ha leldo todo el conteniddo de la aplicacidn,
application,including the policies and criteria,and inchgendo las politicasy criteriosy comprende los requisitos pare
understands the requirements for approving or denying the apmbar o negarla solicited
application.
SIGNATURES of each owner of the subject property required.
FIRMAS de cada dueno de la propiedad en cuestion requeridas.
•
Ahmed Youssef _ June 21st 2020
Applicant's signature (Firma del solicitante) Print name (Nombre) Date (Fecha)
Wessam Eltoukhi June 21st 2020
Owner's signature (Firma del dueno) Print name (Nombre) Date (Fecha)
Owner's signature (Firma.del dude) Print name (Nombre) Date (Fecha)
Authorized agent's signature Print name .(Hombre) Date (Fecha)
(Firma de agente autorisado)
City of Tigard
•
T[GARD Tree Risk Assessment Form
Hazard Rating.
3 pts 4 pts 3 pts 10 pts
Probability + The Target + Size of = Overall Risk
of Failure Area Defective Part Rating
Recommended Hazard Tree Abatement Procedures:
Removal is recommended. Loss of roots due to construction has caused
significant stress to the tree. The tree is in an advanced state of
decline.
Property Address: 12712 SW Rocky Mountain Ct.
Location: ❑ Public ® Private 0 Right-of-Way
Protected Tree: ® Yes ❑ No Tree conservation easement, see
Appendices 5 and 6 for the report.
Tree Species: Pseudotsuga menziesii
Diameter at Breast Height (DBH): 44 in
Tree Height: Approximately 100 ft .
Crown Spread: Approximately 50 ft .
Tree Part Subject of Evaluation: Whole tree failure; root failure.
Diameter of Subject Tree Part: 44 i n.
Distance to Target of Subject Tree Part: vehicles - 20 ft; home 60 ft .
Length of Subject Tree Part: Approximately 100 ft.
Target:Targets include vehicles in the nearby driveway and street, homes, and people.
Occupancy of Target: 0 Occasional Use ❑ Intermittent Use 0 Frequent Use Constant Use
Date of Evaluation: 8/5/2 0 2 0
Tree Risk Assessor:Christine Johnson
ISA Number: PN-8730A
Tree Risk Assessor Signature: (�Ai QB/fILQB/L
*Fill out this and supplemental rating form completely and attach:1)photos of the tree;2) an aerial photo showing the
location of the tree on the subject property;and 3)a supplemental tree risk assessment report more fully describing
whether the definition of hazard tree has been met and,if necessary,recommended hazard tree abatement procedures.
(1) Photographs are located in Appendix 3.
(2) A site map is provided in Appendix 4.
(3) Please see the discussion section of the arborist report for my assessment
of the root loss from construction. The tree was not adequately protected and it
is not possible to predict, with certainty, the direction a tree may failAppendixI
The tree is in an advanced state of decline.
Probability of Failure(1-5 points) 0)
One
•
Low : Defect is not likely to lead to Minor branch or crown dieback,small wounds,minor defects.
1 point imminent failure,and no further
action is required. In many cases,
defects might not be recorded. 11
•
Moderate One or more defects areas well- Several defects present.
2 points established but typically do not lead to • Shell wall exceeds minimum requirement
failure for several years. Corrective • Cracks initiated but no extensive decay
action might be useful to prevent • Cavity opening or other stem damage less than 30%of circumference
future problems but only if time and • Crown damage or breakage less than 50%of canopy(30°/°in pines)
money are available. Not the highest • Dead crown limbs with fine twigs attached and bark intact
priority for action,these are retain and • Weak branch union such as major branch or codominant stern with
monitor situations used to inform included bark
budget and work schedules for • Stem girdling roots with less than 40°/0 of circumference compressed
subsequent years. • Root damage or root decay affects less than 33%of roots within the
critical zone
• Standing dead tree that is recently dead(still has fine twigs)and no
other significant defects
Moderately One or more defects areas well- Areas of decay that may be expanding;trees that have developed a recent
r High established,but not yet deemed to be but not yet critical lean;cracks noted but may be stable;edge trees that
3 points a high priority issue. Additional may adapt and become more stable.
testing may be required or,the
assessor may feel the problems are
not serious enough to warrant X
immediate action,but do warrant
placing the tree on a list of trees to be
inspected more regularly. These arc
Retain and Monitor trees.
High The defect is serious and imminent One or more major defects present.
4 points failure is likely and corrective action is • Insufficient shell wall thickness
required immediately. These cases • Large cracks,possibly associated with other defects
require treatment within the next few • Cavity opening greater than 30%of circumference
days or weeks. • Crown damage or breakage more than 50%of canopy(>30%in
pines)
• Dead crown limbs with no fine twigs and bark peeling away. May be
some saprophytic fungal evidence
• Weak branch union has crack(s)or decay
• Stem girdling root affects 40%or more of trunk circumference
• More than 33%of roots are damaged within the critical zone
• Tree is leaning. Recent root breakage,or soil mounding,or cracks,
or extensive decay evident
• Standing dead tree,has very few fine twigs,and no other significant
defects
t Extreme The tree or component part is already Multiple high or extreme risk defects present.
5 points failing. An emergency situation where • Shell wall is already cracked and failing
treatment is required today. • Major cracks already open,such as hazard beams or split trunks
• More than 30%of circumference defective and cracks or decay
obvious
• Dead crown limbs,no fine twigs,no bark,decay present
• Weak branch union has crack(s)and decay
• Leaning tree with recent root failure,soil mounding,and cracks
or extensive decay
• Dead branches hung up or partly failed
• Visual obstruction of traffic signs/lights at intersections
• Any partly failed component or whole tree
• Standing dead trees that have been dead for more than one season
with
multiple defects such as cracks,decay,damaged roots,shedding bark
Appendix 1
The Target Area(1-4 points) (./)
One
Low Sites rated at one point arc very rarely used for any long period of time,and people passing through the
I point area(regardless of how they travel)do not spend a lot of time within the striking range of the tree.
There are no valuable buildings or other facilities within striking range. Examples are seldom used back
country roads or trails,seldom used overflow or long-term parking,industrial areas where workers drive
machines(trucks,forklifts,tractors)with substantial cab protection;natural or wilderness areas;
transition area's with limited access;remote areas of yards,parks,or private lands open for public use
within set hours. All of these sites have relatively low occupancy within any one day.
Moderate Valuable buildings are at the edge off the striking distance,so they would not be seriously damaged even
2 points if the tree did fall down. The site has people within striking range occasionally,meaning less than 50%
of the time span in any one day,week,or month,and do not stay within striking range very long.
Examples include areas that are used seasonally;more remote areas of camping areas or parks;minor
rural roads;picnic areas;low to moderate use trails;most park and school playgrounds.** Moderate to
low use parks,parking lots with daily use;secondary roads and intersections,dispersed camping sites,
moderate to high use trails,works and/or storage yards.
Moderately The site has valuable buildings within striking range. People are within striking range more than 50%of
High the time span in any one day,week,or month,and their exposure time can be more than just passing
3 points by. Examples include secondary roads,trails,and access points;less commonly used parking areas and
trails within parks;trails alongside fairways,bus stops.
High The highest rated targets have a)a building within striking range frequently accessed by people,often
4 points for longer periods of time,or high volumes of people coming and going within striking range. Valuable
buildings or other structures within striking range that would suffer major structural damage in the
event of tree failure or;b)people within striking distance of the tree,or both,seven days a week,all year
long,and at all times of the day. Examples include main roads,the busiest streets or highways;high X
volume intersections power lines;*paths through busy open space areas and parks;short-term parking
constantly in use;institutional buildings such as police stations,hospitals,fire stations;shopping areas;
highly used walking trails;pick up and drop off points for commuters;golf tees and greens;emergency
access routes and/or marshalling areas;handicap access areas;high use camping areas,visitor centers or
shelters;residential buildings;industrial areas where workers take outside breaks;development sites
where work activity within striking range lasts more than a few hours at a time.
*There are very specific safe work practices required when working close to Power Lines. These vary depending on location,but
all employ similar principles.
**It is recognized that there is a tendency to rate playgrounds higher simply because children are involved. Most playgrounds are
occupied for short periods of time in daylight hours. Overall,their use is infrequent when compared to other locations such
as busy streets.
Size of Defective Part(1-3 points) (\I)
One
1 point Branches or stems up to 10 centimeters(4 inches)in diameter
2 points Branches or stems between 10 to 50 centimeters(4 to 20 inches)in diameter.
3 points 1 Branches or stems greater than 50 centimeters(20 inches)in diameter. X
*In some cases,there may be large areas of sloughing back bark,dwarf mistletoe brooms,branch stubs,or large bird nests in
cavities that pose a risk. The assessor must use his or her judgment to assign a number to these components. In general,the
lowest rating(1 point)is reserved for component parts that would not create much impact on a person or property if it were to
fail. The highest rating is used for parts that have the potential to kill people or seriously damage property.
•
Appendix 1
Overall Risk Rating and Action Thresholds (.1)
One
Risk Risk Category Interpretation and Implications
Rating
3 I,ow 1 Insignificant—no concern at all.
4 low 2 Insignificant—very minor issues.
5 I ow 3 Insignificant—minor issues not of concern for many years yet.
6 Moderate 1 Some issues but nothing that is likely to anise any problems for another 10 years
ur muru.
7 Moderate 2 Well defined issues—retain and monitor. Not expected to be a problem for at
least another 5-10 years.
8 Moderate 3 Well defined issues—retain and monitor. Not expected to be a problem for at
least another 1-5 years.
9 High 1 The assessed issues have now become very clear. The tree can still reasonably be
retained as it is not likely to fall apart right away,but it must now be monitored
annually. At this stage,it may be reasonable for the risk manager/owner to hold
public education sessions to inform people of the issues and prepare them for the
reality that part or the entire tree has to he removed.
10 High 2 The assessed issues have now become very clear. The probability of failure is
now getting serious,or the target rating and/or site context have changed such
that mitigation measures should now be on a schedule with a clearly defined X
timeline for action. There may still be time to inform the public of the work
being planned,but there is not enough time to protracted discussion about
whether or not there are alternative options available.
11 Iligh 3 The tree,or a part of it has reached a stage where it could fail at any time.
Action to mitigate the risk is required within weeks rather than months.
By this stage there is not time to hold public meetings to discuss the issue. Risk
reduction is a clearly defined issue and although the owner may wish to inform
the public of the planned work,he/she should get on with it to avoid clearly
foreseeable liabilities.
12 Extreme This tree,or part of it,is in the process of failing. Immediate action is
required. All other,less significant tree work should be suspended,and roads or
work areas should be closed off,until the risk issues have been mitigated. This
might be as simple as removing the critical part,drastically reducing overall tree
height,or taking the tree down and cordoning off the area until final dean up,or
complete removal can be accomplished. The immediate action required is to
ensure that the clearly identified risk of harm is eliminated. For areas hit by
severe storms,where many extreme risk trees can occur,drastic pruning and/or
partial tree removals,followed by barriers to contain traffic,would be an
acceptable first stage of risk reduction. There is no time to inform people or
worry about public concerns. Clearly defined safety issues preclude further
discussion.
The'1'able shown above outlines the interpretation and implications of the risk ratings and associated risk categories. This table
is provided to inform the reader about these risk categories so that they can better understand any risk abatement
recommendations made in the risk assessment report.
Notes:See arborist report included with this application.
Appendix 1
•
Viciriwy ,R1cky,MointainCt - ppeniuc ' . l e 4 '. t 12712 Rocky
A ,,,.,1 0 j l ry 12 713
BeavertonL, 4 , Mountain Ct
Tigard
e City of Tigard, Oregon
•
• wm
1 • Significantt
Tree Groves
Trial a I 1 nj 1 Unimproved Right of Way
1 d
Rocky r4otint.)in Ct S
44-inch DBH Dou las-fir
0< g
Recommended for removal
it! Ti g a r
12 742
a28-inch DBH Douglas-fir
Site Map Prepared by:Teragan&Associates,Inc.;
Christine Johnson,ISA Certified Arborist,PN-8730A
+" Date Prepared:8/12/2020
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City of Tigard IS
13125 SW Hall Blvd
Tigard, OR 97223
Map Created: (503) 639-4171
08/04/2020 www.tigard-or.gov
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TERAGAN
r4v,) 6 ASSOCIATES, INC.
ARBORICULTURAL CONSULTANTS
8/17/2020
Ahmed Youssef
12712 SW Rocky Mountain Ct
Tigard, OR 97224
RE: Assessments of two Douglas-fir at 12712 SW Rocky Mountain Ct
Summary
Two Douglas-fir(Pseudotsuga menziesii) were assessed at 12712 SW Rocky Mountain Ct.
The primary subject tree is a 44-inch DBH Douglas-fir that was pruned in Spring 2020. This
tree is protected by a tree conservation easement. The tree care company performing the
pruning work informed Mr. Youssef that the tree had a conk and needed to be removed. Upon
a visual assessment from the ground with the naked eye, binoculars, and a spotting scope, no
conks were observed;however, other characteristics displayed by the tree indicate it is in
severe decline. Based on these observations it is my professional opinion that the 44-inch
Douglas-fir poses an immediate hazard to life or property and should be removed.
The second tree is a 28-inch DBH Douglas-fir in the backyard. A visual assessment made
from the ground with the naked eye, binoculars, and a spotting scope, did not reveal
uncharacteristic defects or concerns. Based on these observations it is my professional opinion
that the 28-inch Douglas-fir does not pose an immediate risk to life or property and should be
retained.
Assignment
Assess the health of two Douglas-fir at 12712 SW Rocky Mountain Ct. Evaluate if one tree in
the front of the property had fruiting conks that would have indicated a disease that posed an
immediate risk to life or property that would qualify it for removal. Write up an arborist report
to partly fulfill the City of Tigard tree removal application process for trees protected by a tree
conservation easement.
Background
Teragan&Associates, Inc. was contacted by Mr. Ahmed Youssef regarding two Douglas-fir
on his property at 12712 SW Rocky Mountain Ct, Tigard, OR 97224. Photographs of the trees
are provided in Appendix 3. A site map is provided in Appendix 4. The property is a rental
property managed by SauCo Properties, LLC. In conversations with Ms. Stephanie Swienton
of SauCo Properties, LLC,we learned that pruning was performed on the tree in Spring 2020.
As it was described by Ms. Swienton and Mr. Youssef, a tree care worker informed Mr.
Youssef that the tree has a conk and the tree needs to be removed.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I 0:503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 2 of 25
Ahmed Youssef 08/17/20
The subject tree is located adjacent to a significant grove and protected by a tree conservation
easement (Appendices 5 and 6). Per the declaration, an arborist report must accompany an
application to remove a tree within the tree conservation easement verifying that the tree is
dead and/or an immediate risk to life or property.
Observations
A visual assessment on both trees was conducted from the ground on August 5, 2020. Mr.
Youssef was at the property to point out the two trees of concern. In our conversation, it was
confirmed that the subject tree, a 44-inch DBH Douglas-fir, was pruned earlier in the year.
The climber that performed the pruning informed Mr. Youssef that the tree had a conk and
needed to be removed.
In conversations over the phone, in email, and in person with Mr. Youssef and Ms. Swienton,
the only description provided by the tree care worker was the word "conk."No specific
disease, fungus, location, size, number of, or other descriptive or identifiable feature was
provided. The term conk is broad term used to describe the fruiting body of a wood-decaying
fungus'.
The lower trunk (ground level to the first branches) was inspected with the naked eye.No
conks were observed.No stains or discoloration was observed on the bark. A concrete
retaining wall is within 3 to 4 feet of the trunk, bordering the tree from the southwest(28
inches from the retaining wall footer to the trunk), west (24 inches), and northwest (20 inches)
(Appendix 3, Figures 3 and 4). The height of the retaining wall is about 5 feet.
The trunk flare and a 10-foot diameter around the trunk was inspected with the naked eye.No
fruiting bodies or other defects were observed.
After visually inspecting the tree from the ground with the naked eye I retrieved my
binoculars and scanned the trunk of the tree from five different angles searching for conks or
other symptoms of fungal disease. I did not see any conks with the binoculars.
The tree has a health and structure rating of Poor(on a scale from Good, Fair, Poor, Very
Poor). Dead branches are visible from the ground. The canopy is thin in comparison to
neighboring trees in the significant grove (Appendix 3, Figures 1, 2, and 5). I observed fresh
pruning cuts with resinous flow. The canopy has off colored green foliage although no brown
needles were observed. The tree is on the west edge of the significant grove and is exposed to
the prevailing winds from the southwest.
The second Douglas-fir is on the south side of the property in the backyard (Appendix 4,
Figure 6). The trees' diameter is 28 inches and its live-crown-ratio is approximately 40
percent. Deck footers were observed nearby, the closest one measuring 66 inches from the
trunk. Mr. Youssef informed me that a large branch struck and broke a 2x4 several years ago.
The location of the 2x4 attached to the deck is in close enough proximity that a branch from a
t Allen,E.,Morrison,D.,and Wallis,G. 1996. Common Tree Diseases of British Columbia.Natural Resources
Canadian Forest Service.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I 0:503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 3 of 25
Ahmed Youssef 08/17/20
tree in the significant grove to the east could have failed and struck the deck. I did not observe
any large branch breakages from Mr. Youssefs tree. The trees in the significant grove
exhibited signs of large broken branches.
In follow-up to the site visit made on August 5, 2020, a call was made to the tree care
company that performed the pruning work. We spoke with the climber's supervisor on August
10, 2020. The supervisor reported that the climber observed conks, cracks, missing bark, and
growth oddities (twisted growth).
A second site visit to the property was made on August 12, 2020. Terrence Flanagan,
Principal, accompanied me at the site. Together we visually inspected the trees from the
ground with the naked eye, binoculars, and a spotting scope. No conks were visible. Closed
wounds that could hide structural defects were found. Branches with sloughing bark were also
observed.
Discussion
In our professional opinion, the 44-inch DBH Douglas-fir is in poor health and a candidate for
removal. While we did not observe any conks,the proximity of the retaining wall to the trunk
of the tree implies that this tree was not given adequate protection at the time of construction
and that is likely causing the decline of the tree.
Standard tree protection measures would give this tree a 44-foot protection radius (12x) on all
sides from construction impacts. At a minimum,tree protection of a 22-foot radius (6x) on
one side would have been reasonable. Construction may have gotten as close as one foot to
the tree. The northwest footer is only 20 inches away from the face of the trunk and additional
space for the footer to be poured would have been necessary. It is our estimation that at least
45 percent, if not 50%, of the roots of this tree were removed or otherwise destroyed by
construction. The tree was not given sufficient room to survive.
Even though we did not observe a conk during our visual inspections, it is possible that a conk
is present in the upper canopy and not visible from the ground. The thin canopy, dead
branches, and sloughing of bark off branches also suggest that decline is occurring in this tree.
In regard to the second Douglas-fir in the rear of the property, it is our professional opinion
that the tree is in fair health and was likely not the tree from which a branch failed and
damaged a cross brace beneath the deck. For this species, a branch failure does not always
indicate a tree is in poor health, rather it may be a shedding of unnecessary weight or an
unnecessary branch that is shaded out by above growth.
Recommendations
Based on our observations we believe that the 44-inch DBH Douglas-fir in the front of the
property is in severe decline and should be removed. The 28-inch DBH Douglas-fir in the rear
of the property is in fair health and can be retained.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com 10:503.697.1975
E:christine@teragan.com I C:971.978.938I
12712 SW Rocky Mountain Ct Page 4 of 25
Ahmed Youssef 08/17/20
Conclusion
The 44-inch DBH Douglas-fir located in the tree conservation easement meets the criteria for
removal. The tree poses an immediate risk to life or property and should be removed.
Sincerely,
-44744..„/
Christine Johnson Terrence P. Flanagan
ISA Certified Arborist, PN-873OA ISA Board Certified Master Arborist, PN-012OBMTL
ISA Tree Risk Assessment Qualified ISA Tree Risk Assessment Qualified
Member,American Society of Consulting Arborists
Enclosures:
Appendix 1: Certification of Performance
Appendix 2: Assumptions and Limiting Conditions
Appendix 3: Photographs of the Trees and Site
Appendix 4: Site Map
Appendix 5: Site Map of Tree Conservation Easement
Appendix 6: Declaration of Restrictive Covenant Regarding Tree Conservation for
Elk Grove Estates
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I 0:503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 5 of 25
Ahmed Youssef 08/17/20
Appendix 1: Certification of Performance
I,Christine Johnson,Certify:
• That a representative of Teragan&Associates,Inc.,has inspected the tree(s)and/or
the property referred to in this report. The extent of the evaluation is stated in the
attached report.
• That Teragan&Associates, Inc. has no current or prospective interest in the
vegetation of the property that is the subject of this report,and Teragan&Associates,
Inc. has no personal interest or bias with respect to the parties involved.
• That Teragan&Associates,Inc.'s compensation is not contingent upon the reporting
of a predetermined conclusion that favors the cause of the client or any other party,or
upon the results of the assessment,the attainment of stipulated results,or the
occurrence of any subsequent events.
• That the analysis, opinions, and conclusions that were developed as part of this report
have been prepared according to commonly accepted arboricultural practices.
• That a Board-Certified Master Arborist has overseen the gathering of data.
Appendix 2: Assumptions and Limiting Conditions
1. Any legal description provided to the consultant is assumed to be correct. Teragan and
Associates,Inc. checked the species identification and tree diameters in the field.
2. It is assumed that this property is not in violation of any codes, statutes, ordinances, or
other governmental regulations.
3. The consultant is not responsible for information gathered from others involved in various
activities pertaining to this project. Care has been taken to obtain information from
reliable sources.
4. Loss or alteration of any part of this delivered report invalidates the entire report.
5. Drawings and information contained in this report may not be to scale and are intended to
be used as display points of reference only.
6. The consultants' role is only to make recommendations.Inaction on the part of those
receiving the report is not the responsibility of the consultant.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I 0:503.697.1975
E:christine@teragan.com I C:971.978.938I
12712 SW Rocky Mountain Ct Page 6 of 25
Ahmed Youssef 08/17/20
Appendix 3: Photographs of the Tree and Site
d ,
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. i ,y ay c ,
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IC ' K��t 'r ^a1 t R r p a y •' N,•7♦ i +y(t.
1+' ,� t
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b,c a , am •'4 ''< y^�z�
+- : a. r� '•i�fw` 7M1' i 't 4 �s � '✓r 4!e. t'� , �'' `',n;
t a' i
�,.yi ' .. ` ,'"4 h*' ',....-It I.. N, .r 1'ri c`3Jr ' "' .,-;.et......,At1 i*' 'fir,2'' .,t
e0• :, '4 � \ _tF s ml 4ar.7 j r ,'F'y�.Jkr� k 0r,
e t t(,4'''i}yY G
"b.` 4 f�i- mot ,+ j.l .}.+. a .$ �`i'i.i ' `. t .?,' ;_r # 3' •
i. '', `'vfir IOYa
♦ .a /'• 4+ ' . i(°• ,. we
T 4 y y
6;„ /,.. tor. f y�, n5 e" 4 _T.• rA
av ! *ram ♦, ti tip"
A„ pi a ^•. +. IJ t...•�v4'E, ft. '4 + b y r . s
�`Ilk f t
To le
! s��a ``t x �/r� q+ .
►ih- rt k 1 i"ni 4 I '4• d '44.Sm ,�. t efi' �I rw+• _'a N t :.
i.
may, t p
Figure 1 Photograph of the 44-inch Douglas-fir from the west(trunk and canopy).Note the thin
canopy and, although difficult to see in the photograph,the off color foliage in comparison to nearby
trees.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I O: 503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 7 of 25
Ahmed Youssef 08/17/20
ri
s6 Y }.0 �..w y ' Y' �" d
rt is l" a . ,
. FYI rr - t _ + �,, i ,.
•
v3� . 4. L 4 ft._1.h . 4 ?•
-*Yfi . r1 i t r `� ' NiS. . ' Awr I 't y� +1 3
ICY a � ":-14; rr'frt '3 4 ' •� f n) .v�'
4.
F.'; :p ,3 114$' .( Ia •
Figure 2 Photograph of the 44-inch Douglas-fir from the west(canopy).Note the thin canopy in
comparison to nearby trees.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I 0:503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 8 of 25
Ahmed Youssef 08/17/20
<, �. 1 Cet • 4r t.
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t. ; ,,,� 4 ;ar y t w' s Wit
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* t a r 'ui:.' t
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,1 sktt, --.1, ;1'.P.',' a.i.,-.:• k - ' 1
44+. ` . _ r ;154$ t.i'C t 'Sid:. • f,/
lofff
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nches-
(443e
+• 't 4- -_r r av `- Z0♦fir
ti,,,,,
z,
k.-..'-�• „,..„(2 . ...... ' .
ailier
Figure 3 Photograph of the 44-inch DBH Douglas-fir from the north.Note the proximity of the
retaining wall footer to the trunk(20 inches on the northwest side).
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I O:503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 9 of 25
Ahmed Youssef 08/17/20
t• 1 mot' �. f./ r ] �" d��
f��l.1r �; V 1� ,,}}yy�t f
{ fJ
' mil• ,e t~ a t x .A. iOtt. 4, x i{ I, ' ;' 'v'`
t', '' J 11 %. rhT fl f , i t
+rix•- 'w - 'T► +'*-'7,14
•�` x'., N a�. lr�. 1 1 ij�
C' 9 _ ?''1,24"Nt.i/',i 44,w'i i li'
r it, ,,+a M' 1,..,, , >( Bt .i i . t lira' / i•,.
y," t i4• i, 1Ca -•f1 t 1` y
•
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} ram ,l r '} rw 0 , 1 , `4# y �y,
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.
Figure 4 Photograph of the 44-inch DBH Douglas-fir from the south(trunk flare).Note the proximity
of the retaining wall footer to the trunk(28 inches on the southwest side).
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I 0:503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct Page 10 of 25
Ahmed Youssef 08/17/20
4Piilr ,,ii-.,
: 14 r . b y .� . VA.,
4 t•
a E
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1 $
r
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=! yy1 ..t '4r } Vic' ,,t 0 'x 4- ' ` r `r , ,l i '."Y%�;r 46
•
Figure 5 Photograph of the 44-inch DBH Douglas-fir from the west(south).Note thin canopy and
dead branches.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com i 0:503.697.1975
E:christine@teragan.com 1 C:971.978.9381
12712 SW Rocky Mountain Ct Page 11 of 25
Ahmed Youssef 08/17/20
J ,-lr t ,, s .- ' M-ak.J ' ! y,._'arY,ld°I�,,�, .4 `ti 1 A r�, k_riY ,�. . i7',
ram' 'A. aka , Y `' 4_-01' W _�. w 41 `a, to
oeles w ti�� y .s " 11 G
r Y'r �it tAr 7 *f ♦ ♦♦!� � ��►r
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46.
:' 011
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Figure 6 The 28-inch DBH Douglas-fir on the south side of the property near the deck. This tree is in
fair health and structural condition.
Teragan&Associates,Inc.
3145 Westview Circle,Lake Oswego,OR 97034
E:info@teragan.com I O: 503.697.1975
E:christine@teragan.com I C:971.978.9381
12712 SW Rocky Mountain Ct PLAT BOOK-4& 11,g_ 13IESN-yJ--
Ahmed Youssef Appendix 5: Tree Conservation Easement RECORDED AS DOCUMENT ND OC�alat6T Y4._
SHEET 3 DT 4
ELK HORN RIDGE
//
L-�S TA TES
A REPLAT OF LOT 30 MOUNTAIN HIGHLANDS
NO.3"AND OTHER LANDS SITUATED
TREE CONSERVATION EASEMENTS IN THE NORTHEAST QUARTER OF SECT1ON 9
TOWNSHIP 2 SOUTH,RANGE I WEST OF THE
(SEE NOTE 16) WILLAMt I It MERIDIAN IN THE CITY OF TIGARD,
WASHINGTONCOUNTY,, OREGON.
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}191 ^I]{'_S 11F II Jb 11' SIE'S1,S12
I certify that Mrs af'2LORL J"
true NGINEERING,INC.
,
a and e„act copy of .uLr!1 ',: PIANNF,RS,CMLENGINEERS,AND SURVEYORS
Ma angular plat. HARRIa • MAN 71505 W.MAMMON MEET.SUIT4 226.PORTLAND,ORSGON 9'1221
2556 PHONE(503)591-1166-FAX(SOS)596 1861
(Vows u1(1a,TOO CEO Joe 97-11101 MR 12/20/99 PU13.13WG
12712 SW Rocky Mountain Ct Page 14 of 25
Ahmed voussefAppendix 6: Declaration of Restrictive Covenant Regarding . 08n7/20 -
Tree Conservation for Elk Grove Estates
STATE OF OREGOPi 1 SS
• County of Washington
_,: :
and
of Assess-
ment ana • County
Cork : Eii trlY that
the wit ,, n++iz
- said M- •
county . r- .r ,r . 4;:si
•f
lt{t t -
..�'''11Y' �,j$'arri j Lector Of
• , melon,Ex-
'Clerk
Doc : 2000012849.1
Reck: 249179 82.00
02/18/2000 11:11:30am
/ /tz•
'.. . _ _ ..
12712 SW Rocky Mountain Ct Page 15 of 25
Ahmed Yousscf 08/17/20
y .
1 y
DECLARATION
t 1 ,
OF COVENANTS,CONDITIONS AND RESTRICTIONS
- FOR ELK HORN RIDGE ESTATES
This Declaration of Covenants, Conditions and Restrictions ("Declaration") is made as of
, by Elk Horn Ridge Estates, L.L.C., an Oregon limited liability
company("Declarant").
1. Purpose.
1.1. Declarant is the owner of certain real property known as Elk Horn Ridge
Estates(the"Property")located in Washington County,Oregon,which is more particularly described
as:
Lots 1 through 39 and all other property within the Nat of Elk Horn
Ridge Estates as recorded in Plat Book 123 ,Pages 3s, .41,42
, Washington County Recorders Office, Document Number
2nnnni9H4F
Lot 39 may be subdivided into two parcels by a partition proceeding subsequent to the recording of
the above plat and this document. In such event, both parcels will be subject to these CC&Rs, as
will any other Lots resulting from future partitions.
1.2. Declarant desires to preserve the unique natural beauty and environment that
is Elk Horn Ridge Estates now and for all future residents of the community,to protect the value and
desirability of the Property, and to promote the quiet enjoyment of the community by all the
residents.
2. Run With the Land. Declarant declares that all of the Property and the Lots within
the Property will be held, sold and conveyed subject to the provisions of this Declaration. The
easements,restrictions,covenants and conditions set forth in this Declaration shall be perpetual,shall
run with the land, and shall be binding on and inure to the benefit of the Owners, their heirs,
successors and assigns of the interest in the land.
3. Definitions.
3.1. "CC&Rs"shall mean and refer to the easements,restrictions,covenants and
conditions which are set forth in this document for the benefit and burden of the Lots which
comprise the Property.
3.2. "Declarant"shall mean and refer to ELK HORN RIDGE ESTATES,L.L.C.
TN: DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS- 1
aC i 'rC /Vort/,wcst Tit/
90.70 SA) �asft i r, yo
Ti9arJ Qr 9 � '7 .c'j Rd
. r . -. - spy.-
12712 SW Rocky Mountain Ct Page 16 of25
08/17/20
Ahm clisfevssett l 00 05= OSN t)+, I n and Bowers 503-228-7890 P.OS
3.3. "Final Plat"shall mean the Plat of Elk Horn Ridge Estates as recorded in flat
Rook 128 _ ._ Pages 39,40,41.4Z, Washington County Recorders Office, under Document
N umber_2Q04012846
1.4. 1 of shall mean and refer to any plot of land shown on the Final Plat of the
Property, or any amended Final Plat, and which is intended solely for construction of residential
single-family dwellings.
3.5. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities. of the fee simple title to any Lot which is a part of the Property, including
• contract purchasers. hut excluding those having such interest merely as security for the performance
of an obligation.
;.t,. "'roperty shall mean and refer to that certain real property described in
paragraph 1.1 above.
3.7. "Tract" shall mean and refer to any plot of land designated as a Tract and
shown on the Final Plat of the Property, or any an-tended Final Plat,and which is not intended for
construction of residential dwellings.
4. Easements.
4.1. Acres. Fasements. Every Owner shall have a perpetual, non-exclusive
easement overlie non-public streets,sidewalks and stairways located on the Property,shown oti the
Final Plat as"tracts A.Ft,f'and I1. and over the monument easement on Lot 1. Such easements over
the Tracts shall be for ingress and egress to and from each Owner's Lot, ingress and egress to and
from each other Lot. and shall include all rights necessary for each Owner's use of the easement.
The monument easement over the southwest corner of Lot I shall be for access to and maintenance
of the monument located thereon which announces the entrance to the Property. The monument is
for the benefit of the t'ropeny and its maintenance is the joint responsibility of the Lot Owners
described in paragraph 5 3.
4.2 ,LieeCocservation Easement. As shown on the Final Plat,many of the Lots
arc subject to a tree eonservat ion easement for the benefit of the City of Tigard. The purpose of the
casement is to preserve and protect trees, sensitive land, and water quality. No trees shall he
removed from the easement area unless a certified arborist deems that the tree is dead and/or poses
an immediate hazard to life or property. The arborist certification shall be submitted to the City of
Tigard Planning Department prior to tree removal. The certification shalt reference the subdivision
approval. SUF3 98-0006. In addition. tree removal permits will be required for any proposed tree
removal in sensitive lands (slopes greater than 25%. wetlands, etc.).
DEt.iAka l ION OF COVENANTS,CONDITIONS AND RESTRICTIONS-2
3
„ .
12712 SW Rocky Mountain Ct Page 17 of 25
Ahmed Youssef 08/17/20
•
4.3. Sanitary Sewer Easement,. As shown on the Final Plat, there is a public
tr• sanitary sewer easement("SSE") across a number of the Lots. With respect to the SSE on Lots 36
and 37,no parking and no fences,gates or other structures are allowed within the easement area.
e.
5. Covenants Respecting Common Ownership.Improvement.Maintenance and Repair
Diaaelaiinsimszaunicat. Certain Tracts designated on the Final Plat will be owned as tenants in
common by the Owners ofthe Lots adjacent to the Tracts, The common Owners will be responsible
for the improvement,maintenance and repair ofthe Tracts. The covenants and restrictions set forth
below in this section 5 apply to the improvement,maintenance and repair of those Tracts designated
on the Final Plat as well as the maintenance of the Elk Horn Ridge Estates monument on Lot 1.
5.1. Tracts A.B.and C. Tracts A,B and C are private streets providing access to
the Lots adjacent to them. The Owners of the Lots serviced by these Tracts(as specifically set forth
below) will own the Tracts as tenants in common and will be responsible for the improvement,
maintenance,repair and any utilities,including street lights, on such Tracts. Costs for the utilities,
improvement,maintenance and repair of the Tracts will be divided equally among the Lot Owners
(and Declarant so long as it retains title to any Lot),as specifically set forth below. Each Owner of
any such adjacent Lot,by acceptance of a deed conveying joint ownership of the Tract,whether or
not it is so expressed in the deed,is deemed to covenant and agree to pay its share of such costs and
expenses for any improvement;utilities, repair and maintenance of the Tract which occurs during
the period of each such Owner's ownership. The payments allocatable to each Lot are the joint and
several personal obligation of each person who is an Owner of each such Lot.
5.1.1. Tract A. Tract A will be owned by the Owners of Lots 36,37,38 and
39 as tenants in common, Appurtenant to Tract A is an easement over adjacent property allowing
construction and maintenance ofthe retaining wall which is located on Tract A along the easternmost
boundary of the Tract. The maintenance responsibilities and costs for the street and the retaining
wall will be shared equally among such Lot owners.
5.1.2. Tract B. Tract B will be owned by the Owners of Lots 24,25,26,27,
28 and 29 as tenants in common. The maintenance responsibilities and costs will be shared equally
among such Lot owners.
5.1.3. Tract C. Tract C will be owned by the Owners of Lots 30,31,32,33,
34 and 35 as tenants in common. The maintenance responsibilities and costs will be shared equally
among such Lot owners.
5.2. Tracts F and G. Tracts F and G are non-buildable parcels retained for the
purpose of preserving sensitive lands and maintaining existing stormwater drainage. The Owners
of the Lots adjacent to these Tracts (as specifically set forth below)will own the Tracts as tenants
in common and will be responsible for the improvement, maintenance and repair of such Tracts.
Such activities will primarily include removal of noxious weeds, such as Himalayan blackberry,
clematis, reed canary grass, Canadian and bull thistles. Such activities are more specifically
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS-3
4
•
. .
12712 SW Rocky Mountain Ct Page 18 of 25
Ahmed'Youssef 08/17/20
described in the City of Tigard Comprehensive Plan and Public Facilities Plan,which are by this
a.. reference incorporated in this Declaration. Costs for the improvement,maintenance and repair of
.-s the Tracts will be divided among the Lot Owners(and Declarant so long as it retains title to any Lot),
as specifically set forth below. Each Owner of any such adjacent Lot, by acceptance of a deed
conveying joint ownership of the Tract, whether or not it is so expressed in the deed, is deemed to
covenant and agree to pay its share of such costs and expenses for any improvement, repair and
maintenance of the Traci which occurs during the period of each such Owner's ownership. The
payments allocable to each Lot are the joint and several personal obligation of each person who is
an Owner of each such Lot.
5.2.1. Tract F. Tract F will be owned by the Owners of Lots 23,24 and 25
as tenants in common. The maintenance responsibilities and costs will be shared equally among
such Lot owners. In addition, in connection with the responsibilities relating to Tract F for
preservation of sensitive lands,as described in paragraph 5.2,those Lots are subject to a conservation
casement as shown on the Final Plat.
5.2.2. Tract G. Tract G will be owned by the Owners of Lots 15, 16,36 and
37 as tenants in common. The maintenance responsibilities and costs will be shared equally among
such Lot owners.
5,3. Monument. Lot 1 is a building Lot located off of Bull Mountain Road at the
entrance to the Property. Located on the southwest corner of Lot I is an identifying monument
bearing the name Elk Horn Ridge Estates. Improvement,maintenance and repair of the monument
and the landscaping in its immediate vicinity are the responsibility of Lot Owners 1 through 36,and
the costs will be divided equally among them(and Declarant so long as it retains title to any such
Lot). Each owner of any of Lots 1 through 36,by acceptance of a deed conveying ownership of their
Lot,whether or not it is so expressed in the deed, is deemed to covenant and agree to pay its share
of such costs and expenses for improvement, repair and maintenance of the monument and
surrounding landscaping which occurs during the period of each Owner's ownership. Lot 1 is
subject to an easement, as shown on the Plat, in favor of Lot Owners 1 through 36 to go upon the
southwest corner of the Lot for maintenance purposes.
6. Covenants Respecting Use. The restrictions set forth in sections 7 through 23 below
apply to the occupancy and use of the Lots and are for the benefit of,and limitation upon, all Lots
and the present and future Owners and authorized users ofthe Lots. Authorized users include guests
and lessees of the Owners.
7. Architectural Control. No building,fence,wall or other structure may be commenced
or erected upon the Property as part of the initial residence construction until the plans and
specifications showing the nature,kind,shape,height,materials,and location of the same have been
submitted to and approved in writing by Declarant.Each Lot Owner must submit to Declarant the
plans and specifications for the residence to be constructed on the Owner's Lot. Declarant shall
consider the harmony of external design,color and location in relation to surrounding structures and
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS-4
12712 SW Rocky Mountain Ct Page 19 of 25
Ahmed Youssef 08I17/20
•
topography. Exterior buildings which are part ofthe initial residence construction,such as a private
�-+ greenhouse,storage unit,private swimming pool or similar detached structure,must be approved by
the Declarant for compatibility with the residence and conformance with respect to location, size,
design,and decoration, Upon written request by the Owner, Declarant may approve(in writing)
deviations from the standards set forth below in these CC&Rs with respect to such items as exterior
materials, finish and colors,site alteration,time for completion of construction,and retaining wall
location and appearance. If Declarant fails to approve or disapprove such design, location or
deviation within thirty days after the plans and specifications or request for deviation have been
submitted to it, approval will not be required and this section will be deemed to have been fully
complied with. All plans,specifications and requests for deviations from the CC&R standards shall
be submitted to the Declarant at the following address:
Elk Horn Ridge Estates, L.L.C.
C/o Terry Booke
6422 S.W. Ash Creek Drive
Portland, Oregon 97219
8. Land Use and BuildingTvpe.
8.1. No Lot may be used for any purpose other than single family residential
purposes, except as specifically provided for in paragraph 13.1 below.
8.2. No Lot may be subdivided into smaller lots,except Lot 39 may be subdivided
into two parcels as described in paragraph 1.1.
8.3. Manufactured homes may not be placed as a residence on any Lot, either
temporarily or permanently.
8.4. No structure such as a trailer, basement, tent, shack, garage, recreational
vehicle, barn or other outbuilding may be used on any Lot at any time as an additional or only
residence, whether on a temporary or permanent basis.
8.5. The location,size,design,and decoration of any exterior building,such as a
private green house,storage unit,private swimming pool or similar detached structure,must in all
respects be compatible with the appearance ofthe residence and in conformance with the restrictions
of this document.
8.6. City of Tigard ordinances and building codes, where more restrictive than
these CC&Rs, will apply. Potential purchasers are particularly directed to consult the City with
respect to driveway and sidewalk placement, solar access restrictions, height restrictions, and
building setbacks.
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS—5
�O
12712 SW Rocky Mountain Ct Page 20 of 25
Ahmed Youvef 08/17/20
1
r•
9. Dwelling Size.
9.1. The dwelling,exclusive of uncovered porches,garage and outbuildings,must
not contain less than 2,000 square feet of living space floor area.
9.2. No dwelling may exceed two stories above grade level. Any space between
the ceiling of the second above grade-level floor and the roof of the structure will be considered part
of the second story. In addition,a below grade-level basement is allowed.
10. Easements and Setbacks.
10.1. All easements are shown on the Final Plat or described in this document.
10.2. Building setback lines are generally 15 feet at the front of each Lot,5 feet at
the sides of each Lot,and up to 50 feet at the rear of each Lot. For each Lot,setbacks must meet the
specific conditions of approval for the building permit issued for that Lot. Setback requirements are
regulated by government and agency codes, regulations and ordinances, including those imposing
tree-preservation requirements and tree drip-line requirements.
P q P G
10.3. The setback for the garage door from the front street right-of-way line must
be a minimum of 20 feet regardless of the building setback shown.
11. Exterior Materials.
11,1. Roofing material must be cedar shingles, cedar shakes of#1 quality and at
least medium weight, tiles, simulated shingles, tiles or slate, or minimum 40-year asphalt
composition dimensional roof shingles.
11.2. Exterior siding must be composite lap siding, stucco or "Drivet," cedar
shingles,brick,stone,Hardi-board(or other similar material),or cedar siding. Stucco Board,T-I 11
plywood, or other pressed wood sheet siding may not be used.
11.3, Windows must be wood,plastic,or vinyl clad in white or color coordinated
with the house, but may not be mill finish aluminum.
11.4. Front door entry railing must be of wood,brick,tubular metal,wrought iron,
durable vinyl,plastic or acrylic construction.
12. Exterior Finish and Color. The exterior finish of all construction on any above-
surface structure on any Lot shall be designed, built and maintained in such a manner as to be
compatible with the character and existing structures on the Property. Exterior colors must be
natural earth tone colors. Trim colors may be bolder, but not excessively bright.
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS-6
7
12712 SW Rocky Mountain Ct Page 21 of 25
Ahmed Yo ssef 08/17/20
13. business and Conupercial Uses,
.ter
13.1, No trade,craft,business,or similar activity of any kind may be conducted on
any Los,except as allowed under the Tigard Municipal Code. Notwithstanding the provisions of
such Code, no goods, equipment,vehicles,materials or supplies used in connection with any trade,
service or business may be kept or stored on any Lot in a manner visible to the streets or any other
Lot; nor may the conduct of any such trade,craft, business,or similar activity in any way cause an
increase in traffic to any Lot by commercial vehicles or cause vehicles of any kind to be parked on
the strects rather than in the off-street parking areas discussed in paragraph 14.
13.2, The provisions of these CC&Rs do not prohibit the right of any home builder
to construct a residence on any Lot or to store construction materials and equipment on the Lot in
the normal course of construction,
13.3. The provisions of these CC&Rs do not prohibit the right of any home builder
to use any single family residence as a model home for purpose of sales in the subdivision for the
period of one year following the initial purchase of the Lot from the Declarant.
14. piing.
14,1. All residences must include a private, fully enclosed garage having a
minimum of two parking spaces and an area of at least 380 square feet.
14.2, In addition to the garage,each Lot must provide at least two off-street parking
spaces on a paved driveway area outside of the street right-of-way and outside of any private access
easement, if applicable.
14.3. Any boats,trailers,motor homes,recreational cars,motorcycles,trucks,truck-
campers and like equipment must be parked behind a fence or within the confines of an enclosed
garage, and out of direct view from the streets, No Owner may permit any vehicle of any kind,
including automobiles, boats, trailers, motor homes, motorcycles, trucks, campers, etc., to be
abandoned or to remain parked on the street for a period in excess of 96 hours. Boats,trailers,motor
homes, motorcycles and campers may not be parked in any driveway for a period greater than 96
hours. Trucks larger than one ton may not be parked on the Property except for the purpose of
delivery,loading, or unloading.
15. Fences.Any fences constructed along any back line or side Lot line may not be more
than six feet in height as measured from ground level and must be constructed of cedar or non-
punctured, treated wood of a natural wood color finish; except fencing on Lots 14, 15, 37 and 38
bordering S.W. Greenfield Drive(so long as it remains unimproved) and fencing bordering Tracts
F and G may be chain link fencing no more than five feet in height and all components must be vinyl
clad or painted dark green or black. In addition, all fences must comply with City of Tigard
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS-7
12712 SW Rocky Mountain Ct Page 22 of25
Ahmed Youssef •
,,, 08l17 20
•
standards. Any fences within 20 feet of the front Lot line may not be more than 3 and one-half feet
e, in height and may not obstruct sight distance from any street or driveway.
16. Miscellaneous Outdoor Equipment.
16.1. No exterior antenna, except a satellite dish, is permitted. The satellite dish
must be less than two feet in diameter and not visible from the street at the front of the house. Air
conditioners,heat pumps,and other service equipment are permitted outdoors,but must be located
at the rear of the residence or must be screened so as not to be visible from any street.
16.2. All exterior equipment such as,but not limited to,air conditioning or heating
systems, or swimming pool pumps, must be sheltered, insulated or otherwise noise baffled as
necessary to conform to City of Tigard noise standards.
16.3. No outdoor overhead electric or telecommunications wire,service,drop,pole,
tower,or other structure supporting such overhead wire may be erected,placed or maintained on the
Property. All connections to TV cable, telephone, and electric service must be underground.
17. Animals, No animals, livestock or poultry of any kind may be raised, bred or kept
on any Lot,except that a combined total number of three household pets,such as dogs,cats or other
similar pets, may be kept. Household pets must be kept in compliance with any applicable leash
laws and be reasonably controlled so as not to be a nuisance. Wild animals which might be a threat
to neighboring children or domestic pets are not permitted.
18. alga No sign may be placed on any Lot,except that not more than two signs, each
up to six square feet in size,may be temporarily displayed on any Lot by the Owner,Declarant or
by a licensed real estate agent for real estate purposes. (This restriction does not prohibit the
temporary placement of"political"signs on any Lot.)
19. Rubbish and Try. No Lot, street or other parcel of land within the Property may
be used to dump trash,rubbish,yard debris or dirt resulting from landscaping work. All garbage and
other waste must be kept in appropriate sanitary containers for proper disposal. Such containers
must be kept out of public view except on scheduled trash collection days.
20. Completion of Builditg Construction. All construction on any Lot, including
construction of dwellings, out-buildings, private Lot drainage, sidewalks and driveway entrance,
exterior painting, and all other exterior finish, must be completed within eight months from the
beginning of such construction, except in the event of undue hardship due to weather conditions.
21. Site Alteration. There may be no grading,excavation or filling of more than 24 cubic
yards of material on any Lot, except to backfill around a house foundation and for the surface
application of landscape materials.
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS- ll
. _
12712 SW Rocky Mountain Ct Page 23 of 25
Ahmed Youssef 08/17/20
•
22. Retaining Walls. Retaining walls must meet the following requirements:
22.I. The retaining wall must be in compliance with all City ofTigard building code
requirements and be approved by the City of Tigard.
22.2. All portions of the retaining wall,including footings,must be located on the
Lot of the Owner constructing the wall. No portion of the retaining wall may be placed within eight
feet of the front Lot line,or, if the side Lot line is adjacent to a street right-of-way, within six feet
of the side Lot line.
22.3. An uphill Lot Owner may not place a retaining wall within five feet of the
downhill Lot line without the prior written consent of the downhill Lot Owner.
22.4. All retaining walls must be constructed according to sound engineering
principles, including, but not limited to, adequate foundations, drainage weepholes,back-of-wall
drainage, and sufficient structural sections to prevent bowing, slumping, displacement,or similar
distortions.
22.5. All retaining walls must be of one of the following materials:(1)rot-resistant
wood construction of a natural color and texture,(2)brick or brick-faced masonry construction,(3)
mortared stone,or(4)sculpted concrete masonry or natural rockery. The wall must be capped with
one of the above materials.
22.6. Where fences are placed on top of retaining walls, the height of the fence is
measured from the top of the footing of the retaining wall, i.e.,the combined height of the wall and
the fence are considered as fence height. For fence and retaining wall heights to be considered
separately,the fence must be set back at least three feet from the retaining wall and the area between
the fence and wall landscaped.
23. Completion of Landscaping: Sprinklers.
23.1. Front yard areas and any side or rear yard areas abutting a street or private
common driveway must have underground sprinkler systems, and the landscaping must be
completed no later than four weeks after issuance of an occupancy permit on the dwelling.
However, if the occupancy permit is issued during the months of November through March, the
landscaping must be completed by May 15.
23.2. Rear and side yard areas must have landscaping completed by the Owner of
the Lot within six months of initial occupancy of the residence on that Lot.
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS -9
/c7
12712 SW Rocky Mountain Ct Page 24 of 25
AhmedYoussef 08/17/20
23.3. "Landscaping" means 100% coverage of the following combination of
landscape materials:(1)grass seeding,hydroseeding,or grass turf,(2)street trees, (3)other planted
5 trees and shrubs,and (4)ground cover such as mat vegetation,barkdust,or river rock.
24. General Provision.
24.1. )rnfcrcement. Any Owner or the Declarant(so long as it owns any Lot)has
the right to enforce,by any proceeding at law or in equity, all restrictions,conditions,covenants,
reservations,and charges now or hereafter imposed by the provisions of this Declaration. Failure
by any Owner or the Declarant to enforce any covenant or restriction contained in this document will
in no event be deemed a waiver of the right to do so at a later time.
24.2. Arbitration. In the event a dispute arises out of or relating to this Declaration,
the parties must submit such dispute to binding arbitration pursuant to ORS 36.300 through 36.365,
as amended. The arbitrator must be selected by mutual agreement or pursuant to ORS 36.320.The
arbitrator's fees will be shared equally by the parties during the course of the arbitration,but will be
recoverable as costs to the prevailing party. Unless otherwise agreed upon by the parties,pleading,
procedure,discovery and evidentiary issues in the arbitration will be governed by the Oregon Rules
of Civil Procedure,the Uniform Trial Court Rules and the Oregon Rules of Evidence. The arbitrator
will control the scheduling of all events and will resolve all disputes,including disputes regarding
pretrial procedure and discovery.
24.3. Severability. Invalidation of any one of these covenants, conditions or
restrictions by judgment or court order shall in no way affect any other provisions of this document,
which shall remain in full force and effect.
24.4, Construction. It is intended that these covenants,conditions and restrictions
be liberally construed to further the intent and purposes of this Declaration, to protect the value and
desirability of the Property,and to protect the property rights of the Owners, All paragraph headings
in this Declaration appear for convenience of reference, and shall not affect the meaning or
interpretation of the document.
24.5. Amendment. The covenants,conditions and restrictions of this Declaration
shall run with and bind to the land. This Declaration may be amended by an instrument signed by
the Owners of not less than two-thirds of the Lots. Any amendment must be recorded in the same
manner as this Declaration is recorded.
24.6. Recitals. The above recitals correctly set forth the facts and agreements of the
parties,are contractual in nature,and are incorporated herein by this reference.
24.7. Attorney Fees. In the event of litigation or arbitration to enforce this
Declaration or any provision hereof, the prevailing party, in addition to any other relief,shall be
entitled to recover all expenses of whatever form or nature, costs and attorneys fees reasonably
DECLARATION OF COVENANTS,CONlDITIONS AND RESTRICTIONS- 10
12712 SW Rocky Mountain Ct Page 25 of 25
Ahmed Yaussef 08/I7/20
incurred to enforce the terms of this document,whether or not suit is filed, including such costs or
fees as may be awarded in arbitration or by a court at trial or on appeal. In addition,the prevailing
;.y party shall be entitled to recover all expenses,costs and fees, including attorneys fees, reasonably
incurred in activities conducted pursuant to the United States Bankruptcy Code.
IN WITNESS WHEREOF,the Declarant has signed this document on the date first stated above.
ELK HORN RIDGE ESTATES,L.L.C.
By _dAlotAvVlevi
:Ter a .1 s, 1..chsi,iAN ,Member
STATE OF ti 'S llreik-- )
` � )ss.
�
County of (T /4444 MAIN. )
This instrument was acknowledged before me on the 5r0 day of bietA171314
-i� , by " `y 40,*t ,as a Member of ELK HORN RIDGE ESTATES,L.L.C.,
an Oregon limited liability co parry, who on oath stated that he is authorized to execute this
instrument.
(OFFIC Notary Pu is for
OFFICIAL SEAL My Commission Expires: /
e _ YERTApLYN NNW(TIJN
fdCy
COMMiSSvWW18IIG-0REGtiNN NO 30871S
M�COMMISSION ExPIRES JAN 22, 2002
F:IWP1E1 Ham\D.cCRi 3.wpd
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS- I I
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Samuel Copelan
From: Christine Johnson <christine@teragan.com>
Sent: Thursday, August 27, 2020 10:13 AM
To: Ahmed Nour; Samuel Copelan
Cc: Stephanie Swienton;Wessam Eltoukhi;terry@teragan.com
Subject: RE: FW: 12712 SW Rocky Mountain Court
Caution!This message was sent from outside your organization. Allow sender I Block sender
Hi Samuel,
I support Ahmed's statement. There is not a location that can meet the following UFM requirements:
• (2)No closer than 10 feet on center from newly planted or existing trees—Existing trees are abundant on and near
the property. Even so,any space would be eliminated because of the following requirement...
• (5)Trees categorized as large stature on the native tree list in UFM appendix 5 of by the City Manager or
Designee must be spaced no closer than 30 feet from the face of habitable buildings.
The site is simply too restrictive to plant a large-stature tree.
Cute ?rt,sefrrt,
Christine Johnson
ISA Certified Arborist#PN-8730A
ISA Tree Risk Assessment Qualified
a.,Als.-- TERAGAN
6 ASSOCIATES, INC.
wJ AasoticuLTTnAICONSULTANTS
3145 Westview Circle, Lake Oswego, Oregon 97034
C: 971.978.9381 1 O: 503.697.1975 I F: 503.697.1976
teragan.com
From:Ahmed Nour<ahmed.nour@gmail.com>
Sent:Thursday,August 27, 2020 10:09 AM
To:Samuel Copelan<samuelc@tigard-or.gov>
Cc:Christine Johnson<christine@teragan.com>; Stephanie Swienton<stephanie@saucoproperties.com>; Wessam
Eltoukhi<wessam.samir@gmail.com>;terry@teragan.com
Subject: Re: FW: 12712 SW Rocky Mountain Court
liiu Samuel,
Thanks for checking,There is already a huge tree (Douglas Fir) in the backyard :). I don't think there is a place that is far
enough from that tree to put another huge tree there.
I think I am stuck with paying the fee.
Ahmed.
On Thu,Aug 27, 2020 at 10:07 AM Samuel Copelan<samuelc@tigard-or.gov>wrote:
1