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ADU2020-00004 NOTICE OF TYPE I DECISION n ACCESSORY DWELLING UNIT ADU2020-00004 KENT ACCESSORY DWELLING UNIT 120 DAYS = September 12, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: KENT ACCESSORY DWELLING UNIT CASE NO.: Accessory Dwelling Unit(ADU) ADU2020-00004 PROPOSAL: The applicant proposes to create an accessory dwelling unit (ADU) inside of an existing single detached house. Specifically, the applicant proposes to create an approximately 576-square-foot ADU in the basement level of the existing home. APPLICANTS: Gail and Robert Kent 10155 SW Murdock Street Tigard,OR 97224 OWNERS: Same as applicants LOCATION: 10155 SW Murdock Street;WCTM 2S111BC,Tax Lot 2401 BASE ZONE: R-3.5: Low-Density Residential Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.220 SECTION II. DECISION Notice is hereby given that the City of Tigard Community 'Development Director's designee has APPROVED the above request,subject to a condition of approval The findings and conclusions on which the decision is based are noted in Section IV. CONDITION OF APPROVAL THE FOLLOWING CONDITION MUST BE SATISFIED: Unless noted otherwise, the staff contact is Lina Smith, Assistant Planner; (503) 718-2438 or LinaCSkdord-or.gov. 1. Prior to building permit submittal,the applicant must apply for and obtain a new address for the approved ADU. ADU2020-00004 KENT ADU 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property (10155 SW Murdock Street; WCTM 2S111BC, Tax Lot 2401) is located on the north side of SW Murdock Street,west of SW 100''Avenue,and east of SW 103`d Avenue.The property is currently occupied by an existing single detached house,with an attached garage, paved driveway,and associated landscaping. The property is zoned Low-Density Residential (R-3.5), as are surrounding properties. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.220 Accessory Dwelling Units: 18.220.040 Approval Criteria The approval authority will approve or approve with conditions an accessory dwelling unit application when all of the standards in Section 18.220.050 are met. 18.220.050 Standards A. Number of dwelling units. 1. A maximum of 2 accessory dwelling units are allowed per single detached house. The property contains one (1) existing single detached house, and the applicant proposes just one (1) attached ADU. This standard is met. 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house. A second accessory dwelling unit must be attached to the primary dwelling unit. The applicant is not proposing a detached ADU at this time.This standard does not apply. B. Size. 1. The maximum size of a detached accessory dwelling unit is 800 square feet. The applicant is not proposing a detached ADU at this time. This standard does not apply. 2. The square footage of each attached accessory dwelling unit may not exceed the square footage of the primary dwelling unit. The applicant proposes to create an attached ADU in the basement level of an existing single detached house. This proposal meets the standard outlined above because the ADU will be approximately 576 square feet in size, and the primary dwelling unit will be approximately 1,218 square feet in size. This standard is met. C. Height. 1. The maximum height of a detached accessory dwelling unit is 25 feet. The applicant is not proposing a detached ADU at this time.This standard does not apply. 2. A structure containing an attached accessory dwelling unit may not exceed the maximum height for a single detached house in the base zone. The subject property is located in the R-3.5 Zone, and the maximum height for a single detached house in this zone is 30 feet. The proposed ADU will be located in the basement level of an existing single ADU2020-00004 KENT ADU 2 detached house, and the applicant is not proposing to modify the height of the existing house. This standard is met. D. Setbacks.Accessory dwelling units must meet the setback standards for a single detached house in the base zone, with the exception that a detached accessory dwelling unit may be located within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or less in height. The subject property is located in the R-3.5 Zone. Minimum setbacks for a single detached house in this zone are 20 feet for the front and for the garage, five (5) feet for the sides, and 15 feet for the rear. The applicant proposes to create an attached ADU in the basement level of an existing single detached house, and is not proposing to modify the building footprint or setbacks for the existing house. However, staff reviewed the applicant's submitted site plan to confirm that both the primary dwelling unit and the ADU comply with all minimum setbacks.This standard is met E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. The property is located in the R-3.5 Zone,and there is no lot coverage standard for this zone.This standard does not apply. F. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side,street side,or rear lot line. The proposed attached ADU will have its entrance on the fayade facing the eastern side property line. This standard is met. G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory dwelling units. City records for this property show no current home occupation permits on file. This standard is met. H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to existing accessory structures such as garages, subject to the maximum square footage and height restrictions for each,as measured using the method provided in Section 18.40.130. The applicant is not proposing to create an ADU in an accessory structure.This standard does not apply. CONCLUSION: This proposal is to create an accessory dwelling unit inside of an existing single detached house, and is in compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: ADU2020-00004 KENT ADU 3 An accessory dwelling unit application is processed through a Type I procedure.As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally,and is the final decision of the City. THIS DECISION IS FINAL ON MAY 20, 2020, AND BECOMES EFFECTIVE ON MAY 21, 2020. Questions: If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCSgtieard-or.gov. --`— May 20 2020 APPROV I;D BY: Lina Smith,Assistant Planner Community Development Director's Designee ADU2020-00004 KENT ADU 4 155' E APPROVED 261 RED: New entrance J to basement ADU Deck Internal (pink) ADU C CU GREEN: Current Garage O entrance/future 43' entrance to 151 ' -- 152' upstairs main unit cz EADU Parking Note: House _ _____ footprint shown with 0 lower level details. There is a top floor with the deck, which will remain the main 155' Scale 1 :15, residence. Property line Murdock Street '.. 4rzmo�apwti w:�wr..�m'..wma ' -pswowbmc�p®xamBe�wM l E6l i _ o I W WWI _. eaeom pary,Pl. dfEl pp __ ._. *..... • • _ __ ....... • a1AMI - _.* w Ae= .:. .. auw�.�a+wpAp ....._ pa�uvL mpxpp egpmn - pap�WmaoaaaabeU ma p:w P�.aop 4uu ,�pp[wary vaQooS owa�R*WDM \_ > .._Na � RIR 04 ®®apw6 wa'� ... 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OZ APPLICANT MATERIALS City of Tigard Case #: ADU2020-00004 4 p COMMUNITY DEVELOPMENT DEPARTMENT Master Land Use Application LAND USE APPLICATION TYPE Q Accessory Dwelling Unit(ADU) ❑ Modification: O Type I D Type II ❑ Adjustment ❑ Planned Development: ❑ Annexation O Consolidated Plan ❑ Comprehensive Plan Map Amendment O Concept Plan ❑ Conditional Use O Detailed Plan ❑ Downtown Development Review: ❑ Sensitive Lands Review: O Type I D Type II O Type I D Type II D Type III D Adjustment O Site Development Review: O Type I O Type II ❑ Home Occupation—Type II O Subdivision ❑ Land Partition O Temporary Use Permit ❑ Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: ❑ Marijuana Facility Permit D Modification O Discretionary Review ❑ Miscellaneous: O Zoning Map Amendment O Type II D Type III PROJECT INFORMATION Project name: Internal ADU Brief description of project: We will be building out an internal ADU in the basement level of our current residence. As there is already a water heater, bathroom with shower,laundry and separate living space,we will add a kitchen,front egress door,separate heating system. New laundry services and an additional water heater will be added to the main unit.Each level will have access to their own water shut-off,and separate electrical panels All other building regulations will be followed where applicable SITE INFORMATION Location (address if available): 10155 SW Murdock Street,Tigard,Oregon 97224 Tax map and tax lot number(s): 2S111BCO240 Site size: 0.47 acres Zone: R-3.5 APPLICANT INFORMATION Name: Gail Kent Mailing address: 10155 SW Murdock St City/State: Tigard Zip: 97224 Phone: 503-679-7644(Gail) Ems: gail.kentl48@gmail.com Applicant's representative: Phone: Email: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page I of 2 PROPERTY OWNER INFORMATION ® Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigmdglannerondutyaa,tieard-or.gov. I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. Gail Kent 5/12/20 plicantsignature* Print name Date Gail Kent 5/12/20 P open o4merls signature* Print name Date Robert Kent 5/13/20 PropAty owner's s ature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF USE ONLY Case No.:ADU2020-00004 application fee: $284 Received by: w Date: �r c Related Case(s): Determined complete by: LS Date: 5/1 5/20 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Ella Ho.16005564 WashkVM Cony,Oregon 2015-027655 Grantor S�3 M LOPEZ 0411612015 10:46:18 AM 5lmchea Phou $15.00 SI 1.0055.00$335.00$20.00 $386.00 GraMsa r,RkLotl RonerncM,pp.cwrd Psora+m.wana I....... E. oecw cw,nan.N ar wnnupmn cwargon Robed Kent s.,sy wx ee».raw owwm.nr d wrw.y r'n reuxree ane 9 Gail Kehl nedwaln raw saol,dreo,a.d..mro,,,,a- AMar raCMdl ra111m(0 Richard Hnbemlcht.Director of Robed Kent Assessment and Taxahon,Ex-0fhcio Gail Kent 10155 SW Murdock Street Tigard,OR 97224 Unfit requxestedall tax atateme shall be sant to Robed Kent Gail Kent 10155 SW Murdock Street Tigard,OR 97224 Tex Acct N s: R0602389 Reserved for Remrdees Use STATUTORY WARRANTY DEED Sunchea Phou,Grantor(a)convey and warrent to Robed Kent and Gail Kent, As Tenants by the Entirety, Grantee(s),the following described real property free of encumbrances except as specifically set forth herein: SEE ATTACHED EXHIBIT"A" Subject to and exceptingCovenants,Conditions,Restrictions and Easements of record as of the date of this Deed, and additional Deed exceptions as shown on attached Exhlbh'One",which is incorporated herein. The true consideration for this conveyance is$335,000.00(Here Comply with requirements of ORS 93.030.) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 105.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER$55,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER a,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930.AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300,105.301 AND 195.305 TO 195.326 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 955,OREGON LAWS 2009 AND SECTIONS 2 TO 7,CHAPTER 4,OREGON LAWS 10, Executed this day of ril,20 Sunchea Phou State of g , ounty of Multnomah ) ss. ,`( This ins cknowledged before me on this day of April,2015 by Sunchea Phou. N c for Oregon My commission expires: CtFK:IAL STAMP EVA L SATTLEGON NOTARY PU� (pMM15$ION NO.930495 MY COMMISSION 0IHI1E5 AWUS7 09.201A ORD -$MVM W~ty EXHIBIT"A" A parcel of land In Lots 22 and 23,Tlgardville Heights,In the City of Tigard,County of Washington and Stale of Oregon,and being a portion of that certain tract of land conveyed to William A_and Gladys E Richter, husband and wife,by Deed recorded In Book 521,Page$52,Washington County Deed Records and being more particularly described as follows: Beginning at the Southwest comer of the said Richter Tract;thence North 1.19'00"East,along the West line of the said Richter Tract,151.29 feet to a point;thence North 89°54'30"East 155.03 feet to point on the East line of the sold Richter Tract;thence South 1°19'00"West,along the East line of the said Richter Tract, 152.22 feel to the Southeast corner thereof;thence North 69°46'00'West,along the South line of said Richter Tract,155.00 feet to the point of beginning. OR CCNSIa1Nory W.n.Nr EXHIBIT"One" 1. Rights of the public In and to any portion of the herein described premises lying within the boundanes of streets,roads or highways. 2. Easement,including the terms and provisions thereof: For Driveway Granted to Adjacent property owners Recorded September 19,1888 Book 718 Page 130 Affects The East 10 feet 3. Easement,including the terms and provisions thereof: For Utilities and storm sewer Granted to Adjacent property owners Recorded Seplember22,1998 Recording No. 98-104830 Affects The East 10 feet DF Dasa-Sb!ulory Yla•an} Narrative that demonstrates how the proposal meets all applicable approval criteria, regulations, and development standards. Also functions as a description of the project to complement scaled drawings. Applicant: Gail Kent Number of units: 1 Type of unit: Internal Size: 545 sf(total of home is just over 1,700sf) Height: N/A (Internal ) Setbacks: N/A (Internal) Entrance: The door will be on the east side of the house, 90 degrees from Murdock St. This is on the same side as the front door to the home. A path will extend from the parking area to the front door with a pad at least 36" ' 36" at the front door(at minimum equal to the width of the door) within 1.5 vertical inches from the threshold and even with the outside grade and approaching pathway and the interior flooring. Exterior door will be covered from the elements by the current 6 foot overhang already on the top level of the house and nothing will encroach upon the 3 foot square exterior or interior landing within 8 vertical feet. Parking: There will be at least one off-street parking spot provided for the ADU, separate from the main residence's 2 off-street parking spots. Building Permit: An ADU building permit with additional electrical, plumbing and natural gas permits will be requested to accomplish the work as laid out in the plans. Scaled Site Plan with existing home and driveway showing the location of ADU within the home is provided. Scaled Floor Plan showing dimensions, identifying all rooms, including existing/new door and window types and sizes, locations of carbon monoxide and smoke detectors, including existing walls/new walls; ceiling height, and thermal insulation. Anything colored in green on the floor plans will be new to the space and anything red will be removed. If a color change was not able to be applied, a note will be made on the plans with these details. Due to this being an internal ADU and that the mechanical support structure will not change (roof, walls, etc.) I assume we do not need elevation drawings, roof slope,joist cross-sections, etc. Please let me know if anything is missing here. Dwelling Unit Separation. Dwelling units will be separated by a 1-hour fire resistant rated assembly (vertical or horizontal); horizontal assemblies will be supported by 1-hour fire resistant rated construction. The only openings in the support walls to the first level of the main residence will be the exterior door and vinyl double-pane windows. The current garage door, which is solid wood and not hollow, will remain in place. The ADU will have a separate exterior entrance. We will be hiring electrical and plumbing contractors who will be able to follow the 1-hour fire rated assembly special requirements per the Oregon Residential Specialty Code. The floor-ceiling assembly will also have an aire-borne sound transmission class rating of 45 when tested in accordance with ASTM E90 and impact insulation class (IIC) rating of not less than 45 when tested in accordance with ASTM E492. Room Sizes: The living room and bedroom will have a floor area of not less than 70 square feet, and shall not be less than 7feet in any horizontal dimension. Ceiling Heights: All habitable rooms will have a ceiling height of at least 7 feet. Most rooms will be 8 feet, but the utility space and bedroom will have a bulkhead covering and insulating (R-8) the ducting for the main residence, which will drop the height in some areas to 6 feet 8 inches at minimum. Light and Ventilation. All habitable rooms shall have glazed openings of not less than eight percent of the room's floor area, and a minimum openable area to the exterior of four percent of the room's floor area. The living room has glazed openings of 27.8 square feet. With the total living room at 154.5 square feet, this amounts to 18%. The openable area in the living room for just the windows is 11.77 square feet, which is 7.6%. The bedroom has 16.63 square feet of glazed openings in a total area of 153.5 square feet, amounting to 10.8%. The openable area in the bedroom is 7.11 square feet in 153.5 square foot room, which is 4.6%. Emergency Egress. The bedroom has a window that opens directly to the exterior without any key or special knowledge. It stands at 48 inches high now and so will be moved down to 44 inches high to be in line with egress regulations. The egress openings in both the bedroom and the living room are 7.1 square feet each, with an egress clear opening of 32 inches by 32 inches. There will be the additional egress door in the living room. Doors. The ADU will have a side hinged exit door that is a minimum of 36-inches wide and 6 foot eight inches high and 1 hour fire-rating. Currently there is a 96 inch wide window on the east side (front) of the building. That window will be removed and be replaced with a 36 inch wide exit door and a 48 inch wide window using the current header to maintain structural integrity. Smoke and Carbon Monoxide Alarms. The ADU and primary dwelling unit shall be equipped with smoke/carbon monoxide alarms. Energy Conservation. The basement space was previously heated, so the SBC energy efficiency requirements do not apply. The new exit door and one front window will meet the SBC energy efficiency requirements. The ceiling will have a R-49 insulation added and the walls R-15. Electrical Systems. The ADU will have access to the electrical service panel in the laundry room. The electrical work will be performed by a licensed electrical contractor. Electrical to be modified will include the addition of an electrical panel in the laundry/utility space that will only control the ADU unit so as to be accessible to the ADU resident and have a 30" minimum clear space for access. In addition to the panel, 9 new electrical outlets will be installed to adhere to code and run new appliances in the kitchen (fridge/freezer, cooktop, single wall oven, microwave, exhaust hood, and dishwasher), new electrical will be run to the north wall to accommodate the new ductless heat pump and two controllers (1 bedroom, 1 living room), new electrical will be run to the bathroom for a wall heater, new electrical will be run to install up to 25 new can lights (1 hr fire rating), and new electrical will be run to the current fireplace to install an electric fireplace insert (with heat, ventless). Heating/Cooling Systems. The ADU will have a separate heating/cooling system with separate climate controls with no ducting in common with the primary dwelling. The ducting for the main residence that extends into the laundry/utility and bedroom spaces will be extended through to the garage where the furnace will be moved and covered with a bulkhead, insulated to R-8 and sheetrocked to allow for a 1-hr firebreak. A heating system will be installed that will keep habitable areas at or above 68 degrees fahrenheit (ductless heat pump and/or wall heaters). Plumbing Systems. The ADU and primary dwelling unit will be served by a common potable water and sanitary sewer system. The ADU will have access to a plumbing shut off, a 3-inch sanitary building drain. The building sewer will only serve two water closets. Plumbing work will be performed by a licensed plumbing contractor. The additional plumbing fixtures do not require upsizing of the water meter. The worksheet from the City Utility Billing Division was completed for water meter information. Plumbing to be modified will include the addition of a sink with attached dishwasher and disposal for the kitchen. Addresses. According to the list of approval process, once this land use application is filed and approved, a separate address from the primary dwelling application will be submitted prior to building permit submission. Landscaping. The front door will have solid no smaller 155' 26 RED: New entrance to basement ADU Deck Internal Om (pink) ADU °' Cz GREEN: Current Garage O 43' entrance/future entrance to 151' 152' upstairs main unit M a) ADU Parking Note: House L footprint shown with lower level details. There is a top floor with the deck, which will remain the main 155' Scale 1 :15, residence. Murdock Street Property line 41" 51" 208" 6" _.. _ 312" ]FT] 0 �'-R7�o 1Closel J Bedroom 2 Kltehe, dining m � ... Closet ' ', HaIIwaY ',.. '. Pira lace, will get elsctrk Inaart _. _... ... ..... _._ .._. _ .. .Shacked _ ... ....... Laundry „ In current ._ ..,. __ ._.. Bathroom dleeet .. _ - ... Living Room] .Vented.. through a Bedroom 1 atticIfty lye - Co i ..Entry.. I a ...LJL. 165' _.... 66" - 6' 76•• - e" _ 1991, 6.� Grid: 2" T - �i P7p'dr CIDpCWaEIUlYIiP ''.. ''. On oop wokwL Lauftn }6' ®YIKIDMM 9y fWGLd NS 91" 12" 179" AAJ Fe 0 -� I�trs90e:n IPP9EtCpPf Faar � GOpLUNS6I MnC Ot mcevr aper]OeP&�p9, f�pdrpaow .11�i1P@a 1R G9'RplM11�pGC�iti'IpSI'p JF7W D _ m _ [sp Pp-Rm�mp9+s ctra Fs*a�pFpo. 5a3 FGg F�.„91IPiMC rs➢oepmf..�.�mt�ro.>�+a.c°�p��Po p��a� '. ���o<® on�Pmrm.009o�m�9i�� � o.. i -_ i �m69s6epGaoms �B rgLl kiAfp.G2U4'Wib�'6[i 6'»px9!00p � R.^r@�na MhpY rcp GWvf'.nLk flW aeoPlmmy �' I��� •• &R9Ohl all4'6N01 apomab6� grvm:mAY dMo Cm P"paloxi 9lWYOWwfRfa i J m10 © 000 0 0,nuiu�«a me��n xmo®ms.op�re.�. m —"•„..i.�l . C.nU and vm2� wm IF? plife day, vvi ertw•rw•w.t . �P1i 0YN LM�pF "'.. 95F1 • F'f P9WF. • 13US pe • h6.wPmru 3w ftiop MlnEn lPoaOd>mwp 95mlrR-.nn�roQBL��� e �T' &pw l2s�dvY d1pmr pP�l kbTmdbm . :pp SCNNWM:'S9m9pM1llAdi a '. 666T11�80 d1i�WuNN Of&N. ii 214” 61dY1Q pIplpP,p�91 Ru�YOd Or91O•Y be9P[T9 :.. Mpr"®ubo MY�d/m 6'N�OO�NtlL Grid. 12" �A 4 inches S ALE CA WA �'.. move • • • • - • • L 10 di p � w * ` ��' • ar+4s � '°err"D,. � " '° :.," Y t rNTiwr � ,y r r r .s , 4 �l l.p Y' ., xThlFl q�`�-s•srR d.� .. ,,may � v Front yard space as outlined will be used by ADU Common asphalt occupant; no further driveway to Murdock landscaping will take place St other than shown here. Gray indicates separate off-street gravel parking and walkway to front entry of ADU.. r r Murdock Street is about 20 feet behind this picture. 17� CORRESPONDENCE ADDITIONAL INFORMATION Washington County,Oregon 2020.053640 06/18/2020 03:49:54 PM D•IRUl. CM-1 Stn=31 RECOW51 ;34.100;5.+00;1+1,OD;60,00•TOGI=;111.00 II�IIIII�IIU�I Il�ll�l�lnl 111111 VIII�IIII I III RETURN TO: 02610245202000536400070075 City of Tigard I,Margaret 0111211,IMeMm Director of Assnament and Taxation and Ee.OMtole County Clark Por Washington Community Development County,Oregon,do hereby coll"at the within 13125 SW Hall Blvd. _Instrument of writing was received and recorded In the book of records of said county, i Tigard,OR 97223 Margaret Gana,Interim Director y Clark and Taxation,EruOMele county SPACE.ABOVE FOR RECORDER'S USE CITY OF TIGARD COMPLIANCE AGREEMENT,DECLARATION OF RESTRICTIVE COVENANTS AND EQUITABLE SERVITUDE SDC EXEMPTION FOR ACCESSORY DWELLING UNIT THIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COV ��T :NATS AND EQUITABLE SERVITUDE (the"Agreement") is made and entered into this day of m 2000 by and between Gail and Robert Kent(the"Grantor")and the City of Tigard(the"City D. PURPOSE "rhe City desires to exempt the construction of an accessory dwelling unit ("ADU'D located at 10153 SW Murdock Street,Tigard,Oregon,and approved through case File No.ADU2020-00004.(the"Project',from payment of City of Tigard parks and transportation system development charges("SDCs")pursuant to Tigard Municipal Code. The legal property description of said Project is set forth in Exhibit A,which also is attached hereto and incorporated herein by reference. The SDCs exempted for eligible Project units are shown on Exhibit B. Grantor desires to receive the exemption, to satisfy the conditions thereof, and to execute and record this Agreement for the purpose,in part,of creating restrictive covenants and an equitable servitude that shall run with the Project land and bind any and all subsequent owners of the Project for the term of this Agreement. AGREEMENT SECTION 1. REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE GRANTOR CONCERNING USE OF THE ACCESSORY DWELLING UNIT. Grantor hereby represents, covenants, warrants, and agrees that Grantor will not use the ADU on the Property as a short-term rental, as defined in Tigard Municipal Code 3.24 (as amended July 9,2019), for a period of 10 years (the "Exemption Period") from the date of final approval of final inspection of the building permit("Exemption Date''). For the purposes of this Agreement, posting a listing of the ADU on the Property on a short-term rental website is prima facie evidence that the property owner has violated this requirement. SECTION 2. COVENANTS TO RUN WITH THE LAND; EQUITABLE SERVITUDE. The Grantor represents,covenants,warrants and agrees that: a. The City is granting the exemption to the Grantor as an inducement to the Grantor to construct and operate the Project in accordance with the terns of this Agreement. Inconsideration of the receipt of the exemption, the Grantor has entered into this Agreement with the City and has agreed to restrict the use of the Project daring the Exemption Period as set forth in this Agreement SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 1 of 7 b. The representations,covenants,and restrictions granted by Grantor therein with respect to the Project shall be deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude running with the Project land in favor of and enforceable by City.These restrictive covenants and equitable servitude shall pass to and be binding upon the Grantor's successors in title including any purchaser,grantee, or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors, administrators,devisees, successors, and assigns of the Grantor or any purchaser,grantee, or lessee of any portion of the Project and shall pass to and be binding upon any other person or entity having any right,title, or interest in the Project Each and every contract,deed,or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein shall contain an express provision making such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that any such contract, deed, or instrument shall conclusively be held to have been executed, delivered, and accepted subject to such covenants,restrictions and charges regardless of whether or not such covenants, restrictions and charges are set forth or incorporated by reference in such contract,deed,or instrument. SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project land by enhancing and increasing the enjoyment and use of the owners and tenants of the development,the intended beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the exemption is granted. SECTION 4. COMPLIANCE. The Parties hereby agree that Grantor,if requested by the City, will provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling its obligations under this Agreement. SECTION S. TERM OF AGREEMENT. The parties agree that this Agreement and the restrictive covenants and equitable servitude created hereunder become effective upon execution of this Agreement and will remain in full force and effect for a 10-year Exemption Period. Notwithstanding any other provision of this Agreement,this Agreement will terminate and be of no further force and effect in the event of a completed foreclosure by the primary financing lender or by a lender to whom the City has subordinated this Agreement,or their successors or assigns,or in the event of a delivery by the Grantor of a deed for the Project to the primary financing lender in lieu of foreclosure,or to a lender to whom the City has subordinated this Agreement,or their successors or assigns. SECTION 6. TERMINATION. The City may terminate this Agreement,without further liability,upon 30 days'notice and opportunity to cure.Notwithstanding termination,City may pursue any remedy provided for in Section 7. If the Grantor fails to perform or breaches any of the terms of this Agreement;or immediately and without notice and opportunity to cure if the City loses the authority to grant the exemption,as determined by its counsel or otherwise as lacking the authority to administer the exemption, or fails to receive or loses necessary funding, appropriations, limitations, or other expenditure or position authority sufficient to carry out the terms of this Agreement. SECTION 7. REMEDIES. If the Grantor defaults in the performance or observance of any covenant, agreement,or obligation set forth in this Agreement and if such default remains uncured for a period of 30 days after the notice thereof shall have been given by the City to the Grantor,then the City,at its option,may take any one or more of the following steps: a. Terminate the exemption of the Project or a portion thereof,in which case the SDC's exempted herein shall be immediately due and payable to City in the amounts shown on Exhibit B,along with interest accruing from the Exemption Date at the rate shown on the City's Master Fees and Charges Schedule for"SDC Financing" calculated semi-annually.City may,in addition to an action to collect SD C's due,withhold issuance of building or development permits until paid in full; SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 2 of 7 b. Take such other action under this Agreement, at law,or in equity as may appear necessary or desirable to the Ciry to enforce the covenants,agreements,warranties,and obligations of the Grantor hereunder. No waiver or delay in enforcing the provisions hereof as to any breach or violation shall impair,damage,or waive the right of any person entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or tunes. SECTION 8. RECORDING AND FILING. The Grantor shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the real property records of Washington County and in such other places as the City may reasonably request. The Grantor shall pay all fees and charges incurred in connection with any recording.The Grantor shall provide either the original recorded document or a certified copy of the recorded document within ten days of the date of this Agreement. SECTION 9. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the State of Oregon. The courts of the State of Oregon,or to the degree necessary,the U.S.District Court for the District of Oregon,shall have exclusive jurisdiction over any action brought by or against the City under this Agreement. The Grantor hereby consents to such exclusive jurisdiction and waives any and all objections it might have thereto. SECTION 10. AUTHORITY. Grantor hereby represents,warrants,and certifies that: a. It possesses legal authority to apply for and accept the terms and conditions of the exemption and to carry out the proposed Project; b. Its governing body,if any,has duly authorized the filing of the application,including all understandings and assurances contained therein; C. The person identified as the official representative of the Grantor in the application is duly authorized to act in connection therewith and to provide such additional information as may be required. The Grantor's official representative has sufficient authority to snake all certifications on its behalf; d. This Agreement does not and will not violate any provision of any applicable law,rule,regulation,or order of any court, regulatory commission, board, or administrative agency applicable to the Grantor or any provision of the Grantor's organic laws or documents; e. This Agreement has been duly executed by an official representative of Grantor, delivered by Grantor, and will constitute the legal, valid, and binding obligations of the Grantor, enforceable in accordance with their terms. SECTION 11. AMENDMENTS. This Agreement may be amended only by a written instrument executed by the parties hereto or by their successors and duly recorded in the real property records of Washington County. SECTION 12. SEVERABILITY. If any provision of this Agreement shall be invalid, illegal, or unenforceable,the validity,legality,and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. SECTION 13. CONSTRUCTION. The parties to this Agreement acknowledge that each parry and its counsel have participated in the drafting and revision of this Agreement.Accordingly,the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment,modification,supplement,or restatement of the foregoing or of any exhibit to this Agreement. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 3 of 7 SECTION 14. NO LIMITATIONS ON ACTIONS OF CITY IN EXERCISE OF ITS GOVERNMENTAL POWERS. Nothing in this Agreement is intended, nor shall it be construed,to in any way limit the actions of the City in the exercise of its governmental powers.It is the express intention of the parties hereto that the City shall retain the full right and ability to exercise its governmental powers with respect to the Grantor,the Project,the land,and the transactions contemplated by this Agreement to the same extent as if it were not a party to this Agreement or the transactions contemplated thereby,and in no event shall the City have any liability in contract arising under this Agreement by virtue of any exercise of its governmental powers. IN WITNESS WHEREOF,the patties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. GRANTOR(s): FULL NAME:Gail and Robert Kent �( / By: tgnature Signature y ---p Name: f Name nil STATE OF Qr20 oA } } County of C 1 A w�S ss: ) The foregoing instrument was acknowledged before me this 17&Y of J kK t o2 o by Koa^i V.2,"f �L Notary Public fox t e State of OreSaYt OFFICIAL STAMP NICHOLAS A KAPMADISH My commission expires:JUAMAQ 1111.0Li NOTARY PUBLIC-OREGON COMMISSION NO.983634 MY C)MMISSK)N EXPIRES JANUARY 31,2023 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4 of 7 CITY. CITY OF TIGARD,an Oregon municipal corporation By: Malty V ine,City Manager SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PRQJECT A portal of land in Lots 22 and 23,Tigardvlile heights,In the City of Tigard,County of Washington and State of Oregon,and being a portion of that certain tract of lend conveyed to Wllilam A and Gladys E.Richter, husband and wife,by Deed recorded In Book 521,Page 552,Washington County Deed Records and being more particularly described as follows: f onning at the Southwest comer of the said Richter Tract;thence North 1'19'00'East,along the West one of the said Richter Tract, 151.29 feet to a point;thence North 89'5410"East 155.03 feat to point on the East line of On said Richter Tract;thence South 1'19'00'West,along the East line of the sold Richttr Tract, 152.22 feet to the Southeast corner thereof;thence North 89.46'00"West,along the South fine of sold Richter Tract, 155.00 feet to the point of beginning. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 6 of 7 EXHIBIT B SCI IEDULE OF SDCs EXE,M111LD System Exemption Amount City Transportation $ 3,909 Parks $ 6,678 Water NOT ELIGIBLE Sanitary Sewer NOT ELIGIBLE Stormwater NOT ELIGIBLE County Transportation Development Tax NOT ELIGIBLE Total Exemption $ 10,587 This SDC exemption is granted to the units located at the property address(es)listed below: 10953 SW Murdock Street,Tigard,Oregon SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 7 of 7