Loading...
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 a mte,z a v 0 1 11-p Tx C IY of Ts9ere pon ac P t eaf en 7. mrn.asap aax rx ry Yra.a.x,u n tour i y ee. ., - m.Inmrmu .a.a..ya,a.ae or f,.. 12745 • i . 414 12725 _ a Scale: 0 01 Miles City of Tigard IS 13125 SW Hall Blvd Tigard, OR 97223 Map Created: (503) 639-4171 08/04/2020 www.tigard-or.gov r+- t y• �'.Y. '"mil .• ,�,,. -.. Y , ' . i1.. +yyam� ` '•.r ti r •. ~..•_ .~ `� r Y 15. �+ •r,• Z 45 4 A •9 .;:illL ,y• lrf •.17 ';- y�$yf�1 I. 11 4 tl 1 a ' J,3r)K' A.• I 5' vs ,. .. • ` , • o- , .' .f w, • J {.....3 i F s 1►'• 1 1 r i Y 1 Sb 4iik 4: .4 6• ,- ix • a , fat • w 1. Y • .. . .4ti A' y' • • ` S•. . "4. • r ,f• . fir , + w ( }r w.•s - • ..i r,.. - 0 eta - • « .Nam`. • .. • -. ► �r .l} rk? I'd• wr'k �4r ai? 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 , R i - , , . i ,y ay c , � 1r°f 4 te t 7.1 !4 ]k 7 : .0t IC ' K��t 'r ^a1 t R r p a y •' N,•7♦ i +y(t. 1+' ,� t : Fr•- �. �.1 4 t� yam.. 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$' .( Ia • Figure 2 Photograph of the 44-inch Douglas-fir from the west(canopy).Note the thin canopy in comparison to nearby trees. Teragan&Associates,Inc. 3145 Westview Circle,Lake Oswego,OR 97034 E:info@teragan.com I 0:503.697.1975 E:christine@teragan.com I C:971.978.9381 12712 SW Rocky Mountain Ct Page 8 of 25 Ahmed Youssef 08/17/20 <, �. 1 Cet • 4r t. " . . : - , e t. ; ,,,� 4 ;ar y t w' s Wit �� *. * t a r 'ui:.' t s� •. ,' .' ,. .4t 4 f} i ¢ , ,1 sktt, --.1, ;1'.P.',' a.i.,-.:• k - ' 1 44+. ` . _ r ;154$ t.i'C t 'Sid:. • f,/ lofff i 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 • ,1 -1 11 ri'. . ,r 1 1., #�{w ,. ) - ♦ .- _ , x .! } ram ,l r '} rw 0 , 1 , `4# y �y, • J ♦ , xrl r .1 s r tIF T �'. . 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 °' �• . $fir •.1, 5 . ` r •i , !.'r C ,r ,Y .,;4 A Vie.` 1 $ r Pr : '.Gael"+ d, I' •`,, ' - r • ., '4 • �Ir' , r � i, Ar •Y= ^' ' ` ` • ' Yet_ r' . • '' V on, i x C ♦ ? s i 7 g„ a f,' jfr. -' •S •� M. 7A4V-"t'_'..,.'. =! 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 ob,._ .�yk,k "om' 7 t ". �',, • r • —•-gled, likt ilik11111*\s 1.11116' 1 , r 46. :' 011 0/6 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. V I J \.., ••-.\-\ ``� > ((�� IIOT \ 1y. 1MGAIWIE'lOOW191 IN" fret ~ L I 1 F. l7 `'\ I I 2 3 a 6 1 1 6 7 6 a t6 It 12 I 4I I}at3 14 0, cJ0. / �j I i.---' J. L__- -n J, i I ,j t°) 0 Il// ��II�� , ..--. IW I!/MINti I [PI L.. ��i T 37 1 39 1� ,.__-..\ Las_. ►,+�f�• __.—_ ..23 � -` -. J 1 I i i1:1 7, i L.� L Ly ~ ` 3- I ��. : it I s...4. . ri`I II op 19�.pow Et .. » r e Lai •f 3e, l,Arr�•s� -/ 3a i t 1 31 V = 1 � I ze'rf','!� I/'�j X AI ' .44/s.'� /. / +_:, ,, 1 - -,l 11 6?01 St9lr'!3•F"04101 IOPir'}C'R-120151' 33 32 Alt ' I 'f 1 � \ Lri SW Rocky Mountain lCt 1 44-inch DBH Pseudotsage menzi-sii Li L1NE TABLE IN' fAelf, <,IN[ TART,{ !NF IA&.4 GU 4F TAR(F Ii, S9K f M BC f M BG LENCRL _, 1 cm 9FARMa,' � ISN7.Rw�e�nl2_gt to LNpop CViepD BEN[ ' L� 1Tl 1 11 OF. Ir' SE 9f i 1'j, ---41L,SI;f it91 /tsc,,.. ITS-57b—STT'1 1 t 1a li1TY�1L Me 7A@4 bs�nt' 7�7 1 J L a1 FP 'h F FN 1 rx 1 rZ i an esro , y l NI 1 Os o la 1 �N 'ele _ 49 N 9 Id L -�-- rypy] F . Fi' /R.Tifa4/: •A Yi 1 11 l6 JaZ L 1 4�3p _ 1.._, !9 I, IQfi,�It7•.G'���7iR.7�TwTt�Aii�77 L Ill} * 1 0 '( 0 s01 � f7.TASlK•ia LI , 4O_".4i39s I1/" * F Il��T7_ Il1'I N.j _ 1T9.1....J091 [PS'1�s * y��' k7T.LannErq A1F111 }79 U _ �56} NW11i•� d NYYjyp� �t << £ Npp '�aY gs {}IS 11 4 1499.114"1t1L 1 y• D Lt ...•.St NB9'Ly E '• Sd95f ! 1A: ryP1 Ei f 1 i T(•• SS�y"" [(!j� Id C9) NOS➢I L19 1 c�- -..JcQ 2Q a.I 1i9 9181 29 2 - T A'. h SB��9 L30 SCALE. 1"= 100' 3 4 �c 1 ODis %.* EMI L L. tt kirfi REGISTERED t . ) /1 1 } 1 9, N IV., S 10 0 43 M fISPAM.1AC•TaIK.?;FRl ICM if i 1 if:+�1e msasAFet•MF994l9AIa • REESSI AL XS 7i,� N � 91 Ns•-f9AN , Iles i , swt>�'. I. '0 SU•.- YDR HE.ISTEN SEN }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 4012 ' 1. Nii.� 7 r'•r . . , jr . 1- - • ,f 1 1l ♦a • ♦ _ , Q •.r1, 0 •.yam(; r x ' = `*• � w. 3� cot '; l I- . •\•- - • r3, ,, , -„,.., I ., 37- 1 , r'£`1"� r • % � . • ♦a., `J ,fir 1•, ,., _ 7 r r ;ti '" . M • M ''+ 1 • &Yr L • -, 54,. 1 • . t" Ji- •-•' 4 ,J - .'f it A ��' (1 .10 4 . 0...... r - -!H i. 4;0 ! . r .-T: .i •g, 11 k. �� a. .` .'' • .-ice .• ' •�• 4. ... 4..1•..j 1 +�[4 r s M A K• , n a'J w 4" ,'It • •f• I • • .a • - •`IS, . - v, - i 1111111, . S .S . 1. . 4illit•' ". t t • ♦ ri t r, r 16'A 7.I e I- -Ate. IP .. .1.. ...., . 1:6 ,Itiotte... .. .. ,.. . . ilik fi d :1l ,1r silt .+ I,./ 1�y 4- - g,.. si "— ,'r e.- • ..07. ilia. . rtyplY,.. .. je '1. tL t d f• lZ 4, . . Jr T -• 4.7 " it r }�-: f .; , ,tw l ' • -4 * it X6 • • .- • • ' • '''' '''' •24...'i kh f 1 1 Ct. , 2 ' I tar' • ' '.• )1 . ' . ... ••1/'e. 4' . 'f ,..7%4'. •:. .. , tilk. It • '... ,, 11, i., Ilk . • .. 1/4 ; . • .'t'i'f • •.• ' .'. n' \-- . 4 .:,,, .'• , .. . , ‘.. ,_ppt x 4,.+74 '..'' '''.74.,*,:- -1,*;, ', ' - .-:' ,•" '' .:•>',,S. ":. . , - -'' ,'4" - alif• . - :....-• -- . . If.". ....• t .. , ..:. _ ;,'- . .1 - '''' '(‘: .. 11;-....14.or,91016. !"• 1:'.. s.-r A ' '-'i' • * . '...7:1 ,;e, ,ffil , ,• • ,, " ti: ._ ' .,,,•.,.,;•:"" ..- '-.; - •'''' .--ef_ ._. „:...; , .',,,,,1 4 . t-4. • • ‘,..i. ° , * / AIP )41• 4;142 - .' t 1'. .1''; ••4•‘" 4' • •-;•IV 112 ' ' • :' :: ••‘ict''‘ 1. ',. 41 ' $4, -:PN •4 ir lii .2 •ir ..p.. .f. c 6i .: ,.... A.:- •:. -Ittif, t" •--- so ,p., \i- .. . %,-4-'-' t ‘c '..; .- '"' ''' at' %t f.. t ,...... ,i 1,..'-` :01(0..;( 1:2!-- :;',,, 1.:!"..,• h.1,..s...:?:::: ,of,,,,:. 4111" �-- -. ;k * 4 . ,.T. .. v • \ry a4 k •A r?•tea ...AZ' .T:-1, •• , r.. s. w F * A* �q e ' 77 ,e ii r' _Yam= ,. ^ . - . 4. ,; H r'Sk, t- ; 1r 4 in ' 1 tlh fe Y ''r 'r�y '•ram 1 '4 i "L •� 4 V� dam. v Y. .in „2. r ;d ,� la.,. d s;u 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