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. accessory dwelling unit for which an exemption is granted is rented or listed as a short-term rental(AirBab, VRBO,etc.),the owner of the property at that time will be required to pay to the city the amount of the exempted system development charges,plus interest.I also understand that an advertisement of the accessory dwelling unit as a short-term rental is sufficient evidence for the city to assess the amount of the exempted Sl)Cs. I understand that this restriction will bind the property even through transfers of ownership. 3. 1 understand that the City may verify any of the information contained in this application at any time. 4. I understand that the City,its agents,successors and assigns will rely on the information contained in this application and the information represented herein;if any information should change prior to obtaining a certificate of occupancy,I will notify the City. I certify that to the best of my knowledge,all the information provided in this application is true and accurate as of the date provided oppos c my signatures below. G�o� 6- v6- 9 -a ►-2oo o ALAdiori roperts . /t`tp. i . Print Name Date TO lirly owner.• -7 ure' Print Name Date APPLICANTS It is the responsibility of the applicant to ensure that the application for the SDC:exemption is submitted and approved before the payment of all SDCs arc due to the City. Sl)Cs are calculated and due and payable pursuant to Tigard Municipal Code 3.24.080. In accordance with TM(:3.24.080.B,the City may not issue a building permit or allow connection to the City's systems until either all SDCs have been paid in full or an exemption has been granted. It is the applicant's sole responsibility to ensure an exemption application is submitted to the City in a timely manner in order to meet the timelines in TMC 3.24.080. SUBMIT COMPLETED APPLIC I'ION TO: SDC lcltrinistrator,Finance and Information Services,City of Tigard, 13125 SW Hall Blvd.,Tigard,OR 97223.If dropping the application off in person,drop off at the I3tiliry Billing(1`B) front counter located within Tigard City Hall. Questions can he directed to the SDC Administrator at SDC@tgard-or.gov or 503-718 2460. Case#: ADU2020-00011 STAFF SFON1.l Received by: MQ Date: 10/6/2020 Approved by: MQ Dam: 11/18/2020 Amount of SDCs Exempt: Park: $6,678 Transportation: $3,909 Total SDCs Exempted: $10,587 City o/Tigard • 13125 SW 1 lail 11h d. • Tigard,Oregon 97223 • «uu:tigard-or.goi • 303-'18-2421 • Page 1 of EXHIBIT"A" LEGAL DESCRIPTION A tract of land in the Southeast quarter of Section 25,Township 1 South, Range 1 West of the W llamette Meridian, in the County of Washington and State of Oregon, being a part of Lot 4,Tract 1, "Boulevard Heights", more particularly described as follows: BEGINNING at the Southwest corner of that certain tract of land conveyed to the M. Louise Townes Family Trust in Document No. 2014-027816, Washington County Deed Records, being a point on the west line of said Lot 4 which is North 00°33'30"East along said West line a distance of 59.96 feet from the Southwest corner of said lot 4; thence continuing North 00°33'30"East 2.08 feet to a point thence South 89°57'55"East a distance of 108.50 feet to a point on the East line of said M. Louise Townes Family Trust tract; thence South 00°33'30"West along said East line,a distance of 3.25 feet to a point on the North line of that certain tract of land conveyed to George Deoca and Silke Deoca by document no.2010.031180,Washington County Deed Records; thence South 89°21'00"East along said North line, a distance of 169.68 feet to the Northeast corner thereof,thence South 00°33'30"West, along the East line of said Deoca tract a distance of 59.96 feet to the Southeast corner thereof, being marked by a 3/4 inch iron pipe;thence North 89°21'00"West along the South line of said Deoca tract a distance of 278.18 feet to the Southwest corner thereof,thence North 00°33'30" East, along the West line of said Deoca tract,a distance of 59.96 feet to the point of beginning. Page 3 ell Order No.20-300629 W 2430 NE John Olsen Avenue, Suite 125 FG National Title Insurance Company CBeaverton, OR 97006 a Williston Financial Group company Phone (503) 533-9510 Fax(503)533-0908 WFG National Title Insurance Company Leah Burton 2430 NE John Olsen Avenue, Suite 125 Beaverton, OR 97006 Date Prepared: September 29, 2020 FIRST SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 20-300629 Escrow Officer: Leah Burton Phone: (503) 533-9510 Fax: (503) 214-8982 Email: Iburton@wfgnationaltitle.com Borrower(s): George A. Deoca and Silke Deoca Property: 9230 SW 74th Avenue, Portland, OR 97223 The following items have been amended: Corrected Vesting and Legal Description WFG National Title Insurance Company, is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This Report (and any Amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The Report shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Page 1 of 8 Order No.20-300629 Preliminary Title Report SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on 18th day of September, 2020 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge ALTA 2006 Ext. Loan Policy $420,000.00 $1,647.00 Basic Loan Rate $1,547.00 OTIRO 208.1-06 (enviro), 209.10-06 (Restric) and 222-06 (loc) $100.00 Proposed Insured: CMG Mortgage, Inc., DBA CMG Financial, ISAOA/ATIMA Government Service Fee: $0.00 This is a preliminary billing only, a consolidated statement of charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: George De Oca and Silke De Oca, as tenants by the entirety 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 of 8 Order No.20-300629 EXHIBIT "A" LEGAL DESCRIPTION A tract of land in the Southeast quarter of Section 25, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being a part of Lot 4, Tract 1, "Boulevard Heights", more particularly described as follows: BEGINNING at the Southwest corner of that certain tract of land conveyed to the M. Louise Townes Family Trust in Document No. 2014-027816, Washington County Deed Records, being a point on the west line of said Lot 4 which is North 00°33'30" East along said West line a distance of 59.96 feet from the Southwest corner of said lot 4; thence continuing North 00°33'30" East 2.08 feet to a point; thence South 89°57'55" East a distance of 108.50 feet to a point on the East line of said M. Louise Townes Family Trust tract;thence South 00°33'30"West along said East line, a distance of 3.25 feet to a point on the North line of that certain tract of land conveyed to George Deoca and Silke Deoca by document no. 2010-031180, Washington County Deed Records; thence South 89°21'00" East along said North line, a distance of 169.68 feet to the Northeast corner thereof; thence South 00°33'30" West, along the East line of said Deoca tract a distance of 59.96 feet to the Southeast corner thereof, being marked by a 3/4 inch iron pipe; thence North 89°21'00"West along the South line of said Deoca tract a distance of 278.18 feet to the Southwest corner thereof; thence North 00°33'30" East, along the West line of said Deoca tract, a distance of 59.96 feet to the point of beginning. Page 3 of 8 Order No.20-300629 • SCHEDULE B GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS 6. Covenants, conditions, or restrictions, if any, appearing in the Public Records. 7. Any easements or servitudes appearing in the Public Records. 8. Any lease, grant, exception, or reservation of minerals or mineral rights appearing in the Public Records. 9. 2020-2021 taxes, a lien not yet due and payable. 10. City liens, if any, of the City of Portland. 11. Trust Deed, including the terms and provisions thereof to secure the amount noted below and other amounts secured thereunder, if any: Grantor : George De Oca and Silka De Oca Trustee : FIRST AMERICAN TITLE INSURANCE CO. Beneficiary : JPMorgan Chase Bank, N.A. Dated : May 4, 2018 Recorded : May 17, 2018 Recording No(s) : 2018-034116 Amount : $341,250.00 The beneficial interest thereunder was assigned: To : J.P. Morgan Mortgage Trust 2018-8 Recorded : October 4, 2018 Recording No(s) : 2018.068441 12. Parties in possession, or claiming to be in possession, other than the vestees shown herein. For the purposes of ALTA Extended coverage, we will require an Affidavit of Possession be completed and returned to us. Exception may be taken to such matters as may be shown thereby. 13. Statutory liens for labor or materials, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation, which have now gained or hereafter may gain priority over the lien of the insured mortgage where no notice of such liens appear of record. Page 4 of 8 Order No.20-300629 END OF EXCEPTIONS NOTE: In no event shall WFG National Title Insurance Company have any liability for the tax assessor's imposition of any additional assessments for omitted taxes unless such taxes have been added to the tax roll and constitute liens on the property as of the date of closing. Otherwise, such omitted taxes shall be the sole responsibility of the vestee(s), herein. NOTE: Taxes paid in full for 2019 -2020 Levied Amount : $5,179.72 Property ID No. : R231065 Levy Code : 1010 Map Tax Lot No. : 1S125DB-02800 NOTE: We find NO judgments or Federal Tax Liens against the name(s) of George A. Deoca and Silke Deoca. NOTE: The following is incorporated herein for information purposes only and is not part of the exception from coverage (Schedule B-II of the prelim and Schedule B of the policy):The following instrument(s), affecting said property, is (are) the last instrument(s) conveying subject property filed for record within 24 months of the effective date of this preliminary title report: None of Record NOTE: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. NOTE: The following applicable recording fees will be charged by the county: Multnomah County-First Page $86.00 Washington County-First Page $81.00 Clackamas County-First Page $93.00 Each Additional Page $ 5.00 Non-standard Document Fee $20.00 E-recording Fee $ 3.00 Washington County Ordinance No. 193, recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per$1,000.00 or fraction thereof on the transfer of real property located within Washington County. NOTE: IMPORTANT INFORMATION REGARDING PROPERTY TAX PAYMENTS Fiscal Year: July 1s,through June 30'h Taxes become a lien on real property, but are not yet payable. July 1s' Taxes become certified and payable (approximately on this date) October 15'h First one third payment of taxes are due November 15th Second one third payment of taxes are due February 15'h Final payment of taxes are due May 151h Discounts: If two thirds are paid by November 15'h, a 2% discount will apply. If the full amount of the taxes are paid by November 15'h, a 3% discount will apply. Interest: Interest accrues as of the 15'h of each month based on any amount that is unpaid by the due date. No interest is charged if the minimum amount is paid according to the above mentioned payment schedule. Page 5 of 8 Order No.20-300629 NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Your Escrow Officer Leah Burton WFG National Title Insurance Company 2430 NE John Olsen Avenue, Suite 125 Beaverton, OR 97006 Phone: (503) 533-9510 Fax: (503) 214-8982 Email: TeamBurton@wfgnationaltitle.com Your Title Officer Michelle Laine Johnson WFG National Title Insurance Company 12909 SW 68th Parkway, Suite 350 Portland, OR 97223 Phone: (503)431-8502 Fax: Email: mjohnson@wfgnationaltitle.com Page 6 of 8 Order No.20-300629 WFG National Title Insurance Company a Williston Financial Group company WFG National Title Insurance Company is prepared to issue, as of the date specified in the attached Preliminary Title Report (the Report), a policy or policies of title insurance as listed in the Report and describing the land and the estate or interest set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as a General or Specific Exception or not excluded from coverage pursuant to the printed Exclusions and Conditions of the policy form(s). The printed General Exceptions and Exclusions from the coverage of the policy or policies are listed in Exhibit One to the Report. In addition, the forms of the policy or policies to be issued may contain certain contract clauses, including an arbitration clause, which could affect the party's rights. Copies of the policy forms should be read. They are available from the office which issued the Report. The Report (and any amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The policy(s) of title insurance to be issued will be policy(s) of WFG National Title Insurance Company. Please read the Specific Exceptions shown in the Report and the General Exceptions and Exclusions listed in Exhibit One carefully. The list of Specific and General Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy to be issued and should be read and carefully considered. It is important to note that the Report is not an abstract of title, a written representation as to the complete condition of the title of the property in question, and may not list all liens, defects and encumbrances affecting title to the land. The Report is for the exclusive use of the parties to this transaction, and the Company does not have any liability to any third parties or any liability under the terms of the policy(s) to be issued until the full premium is paid. Until all necessary documents are recorded in the public record, the Company reserves the right to amend the Report. Countersigned Page 7 of 8 Order No.20-300629 Exhibit One 2006 American Land Title Association Loan Policy 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)My governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the dale the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,Is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). THE ABOVE POLICY FORM MAY BE ISSUED TO AFFORD EITHER Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien,or right to a lien,for services,labor,material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) My law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) My governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10;or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. My lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2, Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. 4. My encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. My lien,or right to a lien,for services,labor,material,equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. Page 8 of 8 Order No.20-300629 Williston Financial Group Plain English Privacy Statement for Appraisal,Title& Escrow Customers WFG believes it is important to protect your privacy and confidences. We recognize and respect the privacy expectations of our customers, We believe that making you aware of how we collect information about you, how we use that information, and with whom we share that information will form the basis for a relationship of trust between us. This Privacy Policy provides that explanation. We reserve the right to change this Privacy Policy from time to time. Williston Financial Group, LLC, WFG National Title Insurance Co. and each of the affiliates listed below(collectively "WFG" or the "WFG Family") are obligated to comply with Federal and state privacy laws. While there are some common requirements to those laws, the definitions and duties differ significantly from law-to-law and state-to-state. A privacy statement drafted to comply with all of the applicable privacy laws and their differing definitions would likely be confusing. Therefore, in an attempt to better communicate our privacy policies, WFG designed this"Plain English" explanation, followed by the Gramm-Leach-Bliley Act model form and website links to State-Specific Privacy Notices in order to provide you with the complete, legal privacy notices and disclosures required under Federal and applicable State Laws. WFG's primary business is providing appraisal, title insurance and, escrow services for the sale or refinance of real property. This can be a complicated process, involving multiple parties, many of whom have been selected by our customers, each filling a specialized role. In part, you have hired WFG to coordinate and smooth the passage of the information necessary for an efficient settlement or closing. In the course of this process, WFG collects a significant amount of personal and identifying information about the parties to a transaction, including sensitive items that include but are not limited to: your contact information including email addresses, Social Security numbers, driver's license and, other identification numbers and information; financial, bank and insurance information; information about past and proposed mortgages and loans; about properties you currently or previously owned; your mortgage application package; and the cookie, IP address, and other information captured automatically by computer systems. Much of this information is gathered from searches of public land records, tax, court and credit records to make certain that any liens, challenges, or title defects are addressed properly. Some of the information that is collected is provided by you, or the computer systems you use. We also may receive information from real estate brokers and agents, mortgage brokers and, others working to facilitate your transaction. We also may receive information from public, private or governmental databases including credit bureaus, 'no-fly' lists, and terrorist 'watch lists' , as well as from your lenders and credit bureaus. What Information is Shared? WFG DOES NOT SELL any of your information to non-affiliated companies for marketing or any other purpose. However, some of the same information does get shared with persons inside and outside the WFG Family in order to facilitate and complete your transaction. For example: • Information, draft documents, and closing costs will pass back and forth between WFG and your mortgage broker and lender to facilitate your transaction. • Information, including purchase agreements and amendments, will pass back and forth between WFG and the real estate agents and brokers, the mortgage brokers and lenders, the lawyers and accountants, and others involved in facilitating the transaction. • WFG may order property searches and examinations from title searchers, abstractors and title plants. • WFG may use third parties to obtain tax information, lien information, payoff information, condominium and, homeowners'association information and payoff information. • Third parties may be engaged to prepare documents in connection with your transaction. • Surveys, appraisals and, inspections may be ordered. Page 1 of 6 Order No.20-300629 Preliminary Title Report • Within the WFG Family of companies, we may divide up the work to handle each closing in the most efficient manner possible and to meet specific legal and licensing requirements. Certain parts of your closing (for example a search or disbursement) may be handled by another division or company within the WFG Family. • When it is time for signatures, your complete closing package may be sent to a notary, remote online notary, or notary service company who will arrange to meet with you to sign documents. The notary will, in turn, send signed copies back to us along with copies of your driver's license or other identity documents usually by mail, UPS, Federal Express or another courier service. • Your deed, mortgage and other documents required to perfect title will be recorded with the local recorder of deeds. • In some cases, we use an outside service to coordinate the recording or electronic-recording of those instruments, and they will receive copies of your deeds, mortgages and other recordable documents to process, scan and send on to the recording office. • Various government agencies get involved. The law requires us to provide certain information to the IRS, the US Treasury, local and state tax authorities and other governmental agencies. You have a choice in the selection of a mortgage broker, lender, real estate broker or agent and others that make up your 'transaction team.' Information flows to and from the members of the transaction team you have selected to facilitate an efficient transaction for you. When WFG selects and engages a third-party provider, we limit the scope of the information shared with that third party to the information reasonably necessary for that service provider to provide the requested services. With most, we have entered into express agreements in which they expressly commit to maintain a WFG customer's information in strict confidence and use the information only for purposes of providing the requested services, clearing title, preventing fraud and addressing claims under our title insurance policies. How does WFG use your Information? We may use your personal information in a variety of ways, including but not limited to: • Provide the products, services and title insurance you have requested and to close and facilitate your transaction. • Coordinate and manage the appraisal process. • Handle a claim or provide other services relating to your title insurance policies. • Create and manage your account. • Operate and improve WFG's applications and websites, including WFG MyHome. WFG's secure communication and transaction portal. Your information is used for access management, payment processing, site administration, internal operations, troubleshooting, data analysis, testing, research, and for statistical purposes. • Respond to your requests, feedback, or inquiries. • Comply with laws, regulations, and other legal requirements. • Comply with relevant industry standards and our policies, including managing WFG's risk profile through reinsurance. • Protect and enforce your rights and the rights of other users against unlawful activity, including identity theft and fraud. • Protect and enforce our collective rights arising under any agreements entered into between WFG and you or any other third party; • Protect the integrity and maintain security of our applications, websites, and products; • Operate, evaluate, and improve our business; and • Provide you with information about products, services, and promotions, from WFG or third parties that may interest you. How Do We Store and Protect Your Personal Information? Although no system can guarantee the complete security of your personal information, we will use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your personal information and our systems and sites from malicious intrusions or hacking. Page 2 of 6 Order No.20-300629 How Long Do We Keep Your Personal Information? We keep your personal information for as long as necessary to comply with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. We may store some personal information indefinitely. If we dispose of your personal information, we will do so in a way that is secure and appropriate to the nature of the information subject to disposal. Computer Information When you access a WFG website, or communicate with us by e-mail, we may automatically collect and store more information than you are expressly providing when you fill out a survey or send an email. This may include: • Your IP Address. • Your email address, your alias and, social media handles. • The type of browser and operating system you use. • The time of your visit. • The pages of our site you visit. • Cookies. In order to provide you with customized service, we make use of Web browser cookies. Cookies are files that help us identify your computer and personalize your online experience. You may disable cookies on your computer, but you may not be able to download online documents or access certain sites unless cookies are enabled. The technical information we collect is used for administrative and technical purposes and to prevent fraud and provide identity verification. For instance, we may use it to count the number of visitors to our site and determine the most popular pages. We may also use it to review types of technology you are using, determine which link brought you to our Web site, assess how our advertisements on other sites are working, help with maintenance, and improve our customers'experience. We may compare information gathered on previous visits to verify that we are interacting with the same parties and not a potential imposter. If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes indicated in those forms or surveys. The information you and your transaction team send us in emails or attached to an email, or provide through any of our online tools, is used for purposes of providing title, escrow and appraisal management services and used for the purposes described above. Links to Third Party Sites Our Applications and Websites may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and the websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to WFG's applications and websites only. Do Not Track Because there is not an industry-standard process or defined criteria to permit a user to opt-out of tracking their online activities (Do Not Track or DNT), our websites do not currently change the way they operate based upon detection of a "Do Not Track"or similar signal. Likewise, we cannot assure that third parties are not able to collect information about your online activities on WFG websites or applications. Social Media Integration Our applications, websites, and products contain links to and from social media platforms. You may choose to connect to us through a social media platform, such as Facebook, Twitter, Google, etc. When you do, we may collect additional information from or about you, such as your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform. The social media platforms may also collect information from you. When you click on a social plug-in, such as Facebook's "Like" button, Twitter's "tweet" button or the Google+, that particular social network's plugin will be activated and your browser will directly connect to that provider's servers. Your action in clicking on the social plug-in causes information to be passed to the social media platform. Page 3 of 6 Order No.20-300629 We do not have control over the collection, use and sharing practices of social media platforms. We, therefore, encourage you to review their usage and disclosure policies and practices, including their data security practices, before using social media platforms. How Can You "Opt-Out?" We do not sell your information; therefore there is no need to opt-out of such reselling. Under various laws, you can opt-out of the sharing of your information for more narrow purposes. For additional detail, consult the Links under the"Legal" Notices attached below. The "Legal" Notices To comply with various federal and state laws, we are required to provide more complete legal notices and disclosures. In reviewing these, you will find that these notices incorporate the definitions and terminology used in the respective privacy laws which can often be somewhat convoluted and may even seem inconsistent with the descriptions above. The state-specific statutes may also give residents of those states additional rights and remedies. Privacy Notice for California Residents- https://national.wfgnationaltitle.com/privacy-notice-california Privacy Notice for Oregon Residents- https://national.wfgnationaltitle.com/privacy-notice-oreqon How to Contact Us If you have any questions about WFG's privacy policy or how we protect your information, please contact WFG: • By email: Consumerprivacy@willistonfinancial.com • By telephone: 833-451-5718 • By fax: 503-974-9596 • By mail: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 • In-person: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 WFG FAMILY WILLISTON FINANCIAL GROUP LLC WFG NATIONAL TITLE INSURANCE COMPANY WFG LENDER SERVICES, LLC WFGLS TITLE AGENCY OF UTAH, LLC WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC WFG NATIONAL TITLE COMPANY OF CALIFORNIA WFG NATIONAL TITLE COMPANY OF TEXAS, LLC D/B/A WFG NATIONAL TITLE COMPANY UNIVERSAL TITLE PARTNERS, LLC VALUTRUST SOLUTIONS, LLC WILLISTON ENTERPRISE SOLUTIONS &TECHNOLOGY, LLC WFG NATIONAL TITLE COMPANY OF CLARK COUNTY, WA, LLC D/B/A WFG NATIONAL TITLE Revised 6.12.20 Page 4 of 6 Order No.20-300629 Rev.12/2019 FACTS WHAT DOES WILLISTON FINANCIAL GROUP DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,share,and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us.This information can include: • Social Security number and other government identification information • Your name,address, phone,and email • Information about the property,any liens and restrictions • Financial Information including credit history and other debt • Financial account information, includin• wire transfer instructions. How? All financial companies need to share customers'personal information to run their everyday business. In the section below,we list the reasons financial companies can share their customers' personal information;the reasons Williston Financial Group chooses to share;and whether you can limit this sharin.. Reasons we can share your personal information Does Williston Financial Group share? Can you limit this sharing? For our everyday business purposes— Yes No such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes— Yes No to offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes— Yes No information about your transactions and experiences For our affiliates'everyday business purposes— No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share To limit • Call 833-451-5718—our menu will prompt you through your choice(s) our sharing • Visit us online: http://bit.Iv/WFGsConsumerPrivacvinformationRequestPade or e-mailing us at consumerorivacvAwillistonfinancial.com • Mail the form below Please note: If you are a new customer,we can begin sharing your information from the date we sent this notice. When you are no longer our customer,we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. Questions? Call 833-451-5718 or Email consume mrivacvfa?willistonfinancial.com Mail-In Form If you have a joint Mark any/all you want to limit: policy,your choices [] Do not share information about my creditworthiness with your affiliates for their everyday will apply to business purposes. everyone on your [] Do not allow your affiliates to use my personal information to market to me. account. [] Do not share my personal information with nonaffiliates to market their products and services to me. Name Mail to: Address Williston Financial Group City,State,Zip PRIVACY DEPT File Number 12909 SW 68th Pkwy, #350 Portland, OR 97223 Page 5 of 6 Order No.20-300629 Pa•e 2 Who we are Who is providing this notice Williston Financial Group, LLC and its affiliates and subsidiaries as listed below: What we do How does Williston Financial Group protect my To protect your personal information from unauthorized access and personal information? use,we use security measures that comply with federal law.These measures include computer safeguards and secured files and buildings. We limit access to your information to employees that need to use the information to process or protect transaction.We take industry standard (IPSEC)measures to protect against malicious intrusions or hacking How does Williston Financial Group collect my We collect your personal information,for example,when you personal information? • Apply for insurance • Engage us to provide appraisal, title and escrow services • Give us your contact information • Provide your mortgage information • Show your driver's license We also collect your personal information from others, such as real estate agents and brokers, mortgage brokers, lenders,credit bureaus, affiliates, and others Why can't I limit all sharing? Federal law gives you the right to limit only • sharing for affiliates'everyday business purposes— information about your creditworthiness • affiliates from using your information to market to you • sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when I limit sharing for an account I Your choices will apply to everyone on your policy. hold'ointl with someone else? Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. Our affiliates include companies with a common corporate identity, including those listed below. Nonaffiliates Companies not related by common ownership or control.They can be financial and nonfinancial companies. Nonaffilliates we share with can include real estate agents and brokers, mortgage brokers, lenders,appraisers,abstractors and title searchers and others as appropriate to facilitate your transaction. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Williston Financial Grou• does not'ointi market. Other important information As a resident or citizen of certain states, we may have to provide additional state specific privacy notices and you may have rights other than as set forth above. The links below will provide state specific information: Privacy Notice for California Residents-https://national.wfonationaltitle.com/privacv-notice-California Privacy Notice for Oregon Residents-https://national.wfonationaltitle.com/privacv-notice-oregon Page 6 of 6 Order No.20-300629 Geographic Information n Systems-Washington County,Oregon http://gisims.co.washington.or.us/GIS/index.cfm?id-20&sid=3&IDVaiu... If your requested information is not visible, please click here. 06. d 3 Geographic Information Systems Navigation: Washington County»GIS• Reports:Parcel Report 1S125DB02800 I General Information interactive maps Parcel Report for Taxlot: 1S125DB02800 NI map gallery m45r contacts + other gis links frequently asked questions Property Search 7 property/taxlot 1°it. 1 tax maps 9210 gps latitude/longitude —^-" Survey Search - - "` ' Land Services 9225 9235 i �i - - . ....... IC Services - 9218 ---- _ • (401 =Content Restricted Id 19240 > 9242p 9245 ""�'"I i •-.mod 9255 1- l` 9260 , 9230ti , (/) 92l41 7415 7411 9295 General Property Information Map&Taxlot ID #: 1S125D802800 Real Property Account#: R231065 Site Address: 9230 SW 74TH AVE.TIGARD OR,97223 City/State/Zip: Legal: Sub Reports: District Overlay Information Assessment&Taxation Information Scanned Tax Mans Permits&Projects I$I Additional Reports: J and Development Information I' Ownership Information: DEOCA, GEORGE&SILKE 9230 SW 74TH AVE TIGARD, OR, 97223 1461 GeoNET Map: 1S175DB02800 Interactive Mapping: InterMao Other Resources: Link to External Sites: Virtual Earth Viewer Google Mans Street Viewer ©2000-2020 Washington County.All rights reserved.Links to external sites do not constitute endorsements by Washington County.By visiting this and other Washington County web pages,you expressly agree to be bound by the terms and conditions of the site.For questions regarding information privacy,liability, accessibility,and public records policies,please review the statements document. This page maintained by Washington County Technology Services. Need assistance with this page?email us I of 1 10/14/2020,3:44 PM `"",ngtenCOun"'Ofe"O' 2020-115735 "- 11/16/2020 10147/58 AM 6IRUL Cart=1 Stn=30 RECORDS] $40.00$5.00;11.00$60.00-Total=$t16.00 RETURN TO: RECEIVED UIIII Illiffil IIIIIIIIIII 1III I1III I IlU City of Tigard Community Development NOV 1 8 2020 02676063202001157350080086 i,b4taetat Dares,Director orAssesamem and 13125 SW Hall Blvd. Tweeter,and Ex a e Coary roN Clime e o n,mVI -li s Tigard,OR 97223 CITY OF TI�a AR 7 losWTMt orienting vise received and teetrded In Ike .>,.... BUILDING DIVISION °°°"ancodeoraaMcoun"- `, Merger&Dana,Director etAssessment and Taxation, -ssr.I;.S Es.OMcio County Clerk 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 COVENANTS AND EQUITABLE SERVITUDE(the"Agreement )is made and entered into this day of NOV, , 20 ,by and between George and Sae DeOca (the"Grantor")and the City o i igard(the"City'). PURPOSE The City desires to exempt the constriction of an accessory dwelling unit("Al)U") located at 9228 SW 74m Avenue,Tigard, Oregon, and approved through case File No. ADU2020-00011. (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 arc 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 L 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"). Por 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 terms of this Agreement. In consideration 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 during the Exemption Period as set forth in this Agreement. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page I 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 tide 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 contact,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 Gdrang its obligations under this Agreement. SECTION 5. 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 l0-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 ofa 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 fora period of 30 days after the notice thereof shall have been given by rho 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 Cit's Master Fees and Charges Schedule for"SDC Financing" calculated semni-annually.City may,in addition to an action to collect SDC's due,withhold issuance of building or development permits until paid in lull; SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Pap 2of7 b. 'fake such other action under this Agreement,at law,or in equity as may appeal necessary or desirable to the City 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 times. 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 make all certifications on its behalf; d. This Agreement does not and will not violate any provision of any applicable law,talc,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; c. 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 party 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 parry 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. SUC 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 Agesentent by virtue of any exercise of its governmental powers. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. GRANTOR(s): NULL NAME: Signature J Name J //' � O . �; OFFICIAL STAMP ROS A ESPANA NOTARY PUBLIC-OREGON COMMISSION NO.98466a STATE OF 01-1 OrP11 my COMMISSION WIRES fEBRaARY28,2023 ) � ) ss: County of g/e I'anC ) The foregoing instrument was acknowledged before me thisAy of , 020 by Notary Public or the State of O -' "? N Qr2.0Z3 My commission expires:rebaW� SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4 at 7 SECPION 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 Ag.ecnent 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 parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year First above written. GRANTOR(s): • NAME: By: Sign re t OFFICIAL STAMP Name: �'CIC- '"V C�• ROSA ESPANA NOTARY PUBLIC-OR WON le COMMISSION NO.981664 IVY COMMISSION EXPIRES PEBRIIARY 25,2023 STATE OF ()teazel ) County of W`AlUnbAn ) The foregoing instrument was acknowledged before me thisy of Q , .by 16° A A . 7 Dui . Notary Public or the State of (.)_ -J en My commission cxpireS:t ,21.4CiY I e 2O25 SIX:EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4of7 EXT1TB1'I'A TJ G:1L DESCRIPTION OE TI IF,PROJrC.I' A tract of land in the Southeast quarter Of Section 25,Township I South, Range 1 West or the Willamette Meridian. in the County of Washington and State of Oregon,being a part of Lot 4,Tract 1,'Boulevard Heights'.more particularly described as follows- BEGINNING at the Southwest corner of that certain tract of land conveyed to the M. Louise Townes Family Trust in Document No.2014-027816,Washington County Deed Records.being a point on the west tine of said Lot 4 which is North 00'33'30'East along said West line a distance of 59-96 feet from the Southwest corner of said lot 4; thence continuing North 00633'30'East 2.08 feet to a point;thence South 89'57'55'East a distance of 108.50 feet to a point on the East line of said M.Louise Townes Family Trust tract;thence South 00'33'30'West along said East line,a distance of 3.25 feet to a point on the North line o1 tnat certain tract of land conveyed to George Deoca and Silke Deoca by document no.2010- 031180.Washington County Deed Records:thence South 89'21'00"East along said North line,a distance of 169.68 feet to the Northeast corner thereof,thence South 00°33'30'West,along the East line of said Deoca tract a distance of 59-96 feel to free Southeast corner thereof,being marked by a 314 loch iron pipe;thence North 89'21'00'West along the South line of said Deoca tract a distance of 278.18 feet to the Southwest corner thereof:thence North 00'33'30'East,along the West line of said Deoca tract,a distance of 59.96 feel to me point of beginning. SDC E.CEl1F'71riN FOR ACCESSORY DWELLING UNIT Page 6 of? • EXHIBIT B SCHEDULE OF SDCs EXEMPTED V System Exemption Amount City Transportation $ 3,909.00 Parks $ 6,678.00 Water NOT ELIGIBI.E Sanitary Sewer NOT ELIGIBLE Storrnwater NOT ELIGIBLE County Transportation Development Tax NOT ELIGIBLE Total Exemption $ 10,587.00 s SDC exemption is granted to the units located at the property address(es)listed below 9228 SW 74d.Avenue,Tim OR 97223 ' w• ''� I,Mrrgaref Garza,DirectorofAsacsamcnt ``.$ny,. and Taxation and px-do core County Ctctk for 4L.41.4.Th;L,,z:....,i. " , ? Washington County, hereby crttify this to be a VA : : ; trueandtcoptyofliceoriginal.I-?! tDate: I tr v�c� 2 x,;r,X" SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 7 of 7 Tualatin Valley Water District RECEIVED Delivering the Best Water .. Service Value DEC 1 5 2020 Slzin(a of Residential Water Meter Worksheet CITY OF TIGARD Date:Att(,o , ) l 20 ) 9BUILDING DIVISION Site Address: CU.10 ci) 7 + A()e co: ter- UAttJ Zip Code: q-72y Subdivision/Lot#: Builder/Contact Person: 6 cc cc-4- Phone: 5©3-34/1 - '1 r 23 Number of X Fixture unit = Fixture 1.Kitchen fixtures fixture(s) equivalent count A. Dishwasher X 1.50 = 3 B. Sink Z X 1.50 = 2.Utility room fixtures A. Washer 2— X 4.00 = c� B. Laundry tub X 2.00 = 3. Bath fixtures B. Toilet 1 at X 2.50 Z S B. Lavatory sink $ x 1.00 5' C.Whirlpool bath or shower/bath .2- X 4.00 D. Shower only 3- X 2.00 = Ad_ ._. 4. Miscellaneous fixtures A. Outside hose bibb(enter only one here) / X 2.50 = z' B. Additional hose bibb / X 1.00 C. Bar sink X 1.00 D. Bidet X 1.00 E. Irrigation (Largest zone only) Number of heeds: X 1.00 5. Total fixture count(fixture units) Total of 1 through 4 0 Additional Questions; I) Will the property have any of the following features?(check all that apply) Yes 'No O Auxiliary water source, i.e.well, pond, spring or creek O Decorative water features, i.e. pond, hot tub or swimming pool O Solar heating unit, boiler, or hydronic radiant floor heating O Taller than three stories with a basement OR four stories and taller O Underground irrigation system II) Is this property going to have a fire sprinkler system? ri Yes Vo If yes, check the meter size: n 3/4" [) 1" A COPY OF THE BUILDING PERMIT AND PAYMENT IS REQUIRED AT THE TIME OF PURCHASE 1850 SW 170th Avenue,Beaverton,Oregon 97003 // oe.D,503-848-3000 // (3.503-649.2733 // www.tvwd.org A'O 1,41''67/-46 7-0, %y " /t-i er-er- Gz "i / it- 7"vw,,o Sg-a K G 7 TO7 , -C /t/D / - CCt✓f' /6Cam, . z - _ Tualatin Valley Water District Meter and Service Installations --- Estimate Sheet Subdivision Lot# Transaction Description Size Amount 9230 SW 74TH AVE ADU 1 Service Install Charge 1" Service $2,415.00 9230 SW 74TH AVE ADU 1 Meter Install Charge 5/8" Meter $315.00 9230 SW 74TH AVE ADU 1 System Development Charge 5/8" Meter $7,788.00 Total Amount Due: $10,518.00 Report Date: 11/30/2020 2:47:35 PM Page 1 of 1 • Lina Smith From: George Deoca <geodeosolaris@gmail.com> Sent: Tuesday, December 15, 2020 4:23 PM To: #Building Permit Technicians; Lina Smith Subject: Fwd:Water meter 9230 SW 74 Ave Tigard 97223 Attachments: 9230 SW 74TH AVE ADU.pdf; meter.pdf Follow Up Flag: Follow up Flag Status: Flagged Caution!This message was sent from outside your organization. Allow sender I Block sender Hello Dianna and Lina, I am forwarding you the email I received from TVWD. Please let me know if I need to do anything else?Thank you George 503-341-4023 Forwarded message From: Michelle Rosa<Michelle.Rosa@tvwd.org> Date:Tue, Dec 15, 2020 at 4:18 PM Subject: RE: Water meter 9230 SW 74 Ave Tigard 97223 To: George Deoca <geodeosolaris@gmail.com> Cc: Sarah Alton <sarah.alton@tvwd.org> Hi George, I am sorry for the delay in responding to you. I thought I responded to your email. Here is what you can provide to the City of Tigard: Below are the two options that was provided to you in the email below based on the completed worksheet you submitted (attached). Option #1:Adding a 2nd meter for the ADU: (copy of estimate attached) 1" service install fee -$2,415 5/8" meter install fee -$315 5/8" SDC fee-$7,788 Total Amount Due: $10,518 Option #2: To be more cost effective, you could upgrade to a %" meter and inquire with your plumber about installing a private sub meter(or deduct meter) at the ADU to monitor the water usage. This would avoid the additional fees with upgrading to a 1" meter or adding a separate service and meter for the ADU. Please let me know if you have any questions. NOTICE: Due to the COVID-19 front office closure, all Development Services payments (Plan Reviews, Meter Sales, and Fireflow testing payments)will be processed on Wednesdays. Payments may be mailed to our office, Attn: Meter Sales for quickest processing. Credit card payments over the phone may also be made on Wednesdays. Thanks, Michelle Rosa Engineering Administrative Assistant 1850 SW 170"h Ave,Beaverton,OR 97003 direct 503-848-3028//office 503-848-3000 michelle.rosa@tvwd.org www.tvwd.org Tualatin Valley Water District Delivering the Best Water•Service•Value From: George Deoca <geodeosolaris@gmail.com> Sent: Monday, December 14, 2020 1:25 PM To: Michelle Rosa <Michelle.Rosa@tvwd.org> Subject: Re: Water meter 9230 SW 74 Ave Tigard 97223 2 Hi Michelle, I received this email from the City of Tigard, Could you please help with this?The site and billing address is 9228 SW 74th. Ave.Tigard, Or. 97223, Hi George, I just want to remind you that we will need approval from TVWD regarding if the water meter needs to be upsized before we can issue this permit. An email from them will be sufficient. Please send it to TigardBuildingPermits@tigard- or.gov. Thank you very much, George 503-341-4023 On Mon, Nov 30, 2020 at 2:52 PM Michelle Rosa<Michelle.Rosa@tvwd.org>wrote: Hi George, Attached is a copy of the estimate for the separate water meter you are requesting for the ADU of your property. When you are ready to process payment, I will be in the office on Wednesday, December 2nd from 7:00 a.m. —4:30 p.m. You may contact me directly and I can process a card payment over the phone. We accept all cards except for American Express.You may also drop off or mail a check payment to our office. If you do so, please attention the payment to "Engineering—Meter Sales". Please also provide me with the billing and site address you would like to use for the ADU. Thank you. NOTICE: Due to the COVID-19 front office closure, all Development Services payments (Plan Reviews, Meter Sales, and Fireflow testing payments)will be processed on Wednesdays. Payments may be mailed to our office,Attn: Meter Sales for quickest processing. Credit card payments over the phone may also be made on Wednesdays. Thanks, Michelle Rosa Engineering Administrative Assistant 1850 SW 170P.Ave,Beaverton,OR 97003 3 • direct 503-848-3028//office 503-848-3000 michellesosa@tvwd.org www.tvwd.org Tualatin Valley Water District Delivering the Best Water•Service•Value From: George Deoca <geodeosolaris@gmail.com> Sent: Wednesday, November 25, 2020 2:14 PM To: Michelle Rosa <Michelle.Rosa@tvwd.org> Subject: Re: Water meter 9230 SW 74 Ave Tigard 97223 Hi Michelle, We would like to go ahead with the additional 1 inch service with a 5/8 meter.Also the City of Tigard is looking for a water meter document as part of our application,could you help with this document? Thank you George 503-341-4023 On Thu, Aug 13, 2020 at 3:24 PM Michelle Rosa <Michelle.Rosa@tvwd.org>wrote: Hi George, It was great talking to you. Per our phone conversation and the answers to your questions noted below, if you would like a 2' meter for the ADU the cost would be as follows: 1" service install fee -$2,415 5/8" meter install fee-$315 5/8" SDC fee-$7,788 Total Amount Due: $10,518 4 To be more cost effective, you could upgrade to a %" meter and inquire with your plumber about installing a private sub meter (or deduct meter) at the ADU to monitor the water usage. This would avoid the additional fees with upgrading to a 1" meter or adding a separate service and meter for the ADU. If you have any further questions, please don't hesitate to contact me.Thank you. NOTICE: Due to the COVID-19 front office closure, all Development Services payments (Plan Reviews, Meter Sales, and Fireflow testing payments)will be processed on Wednesdays. Payments may be mailed to our office, Attn: Meter Sales for quickest processing. Credit card payments over the phone may also be made on Wednesdays. Thanks, Michelle Rosa Engineering Administrative Assistant 1850 SW 170tb Ave, Beaverton,OR 97003 direct 503-848-3028 II office 503-848-3000 michelle.rosa@tvwd.org www.tvwd.org Tualatin Valley Water District Delivering the Best Water•Service•Vaiue From: George Deoca <geodeosolaris@gmail.com> Sent:Tuesday, August 11, 2020 4:40 PM 5 To: Michelle Rosa <Michelle.Rosa@tvwd.org> Subject: Re: Water meter 9230 SW 74 Ave Tigard 97223 Hi Michelle, We would like to add a separate meter for the ADU if that's possible? On Tue, Aug 11, 2020 at 4:34 PM Michelle Rosa <Michelle.Rosa@tvwd.org>wrote: Hi George, Thank you for the information you provided.With a total amount of 49 fixture units, you will need to upgrade your meter from a 5/8" meter to a 3/4' meter. Please see the cost breakdown below: 5/8" to %" Meter Install fee -$335 5/8" to %" System Development Charge -$3894 Total Cost: $4,229 When you are ready to process a payment for your meter upgrade, please note our temporary payment process below due to COVID-19. I am in the office every Wednesday to process card payments over the phone. I will be in the office tomorrow from 7:00—4:30. You may contact me at the number below if you would like to proceed with payment. We accept all cards except for American Express. You may also mail or drop off a check payment at our payment drop box located in front of our office. Please let me know if you have any further questions. NOTICE: Due to the COVID-19 front office closure, all Development Services payments (Plan Reviews, Meter Sales, and Fireflow testing payments) will be processed on Wednesdays. Payments may be mailed to our office, Attn: Meter Sales for quickest processing. Credit card payments over the phone may also be made on Wednesdays. 6 • Thanks, Michelle Rosa Engineering Administrative Assistant 1850 SW 170th Ave,Beaverton,OR 97003 direct 503-848-3028//office 503-848-3000 michelle.rosa@tvwd.org www.tvwd.org Tualatin Valley Water District Delivering the Best Water•Service•Value From: George Deoca <geodeosolaris(a)gmail.com> Sent:Tuesday, August 11, 2020 4:10 PM To: Michelle Rosa <Michelle.Rosa@tvwd.org> Subject:Water meter 9230 SW 74 Ave Tigard 97223 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mochelle, Attached is the worksheet as requested,This would be the total for both units. Please let's use this email address for me. Thank you, George 503-341-4023 7 w""'"*"C°"'e" on 2020.115735 ' �!,A 11/16/202010:47:S8AM amUL Cnt=1 50r30 recunnsl $40.00$5.00$11.00160.00-Total 001600 RETURN TO: liii1111111atd 02676011111111111111111111111111111 Community Development 1,Magnet Garza,Director ofAeaaseent end as,. 13125 SW Hall Blvd. Taxation end EsOfarda County Clerk for Wesoinakn Oregon. county, do rwebycanny Car ma wlmin Ne* ~'lam Tigard,OR 97223 Instrumem afwrNng nes received and monied In Mee rq tt.;,�..� book of records et sold county. N:"� Margaret Carla,Delete,of MseeemsM and Tendon, ;T,t r. Beefe 0 County mere 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 COV1 NA TS AND RIIVE EQUITABLE SERVITUDE(the "Agreement") is made and entered into this day of ],PD 20 ,by and between George and Silke DeOca(the`Y;rantor")and the City o Tigard(the"City"). PURPOSE The City desires to exempt the construction of an accessory dwelling unit('AI)U")located at 9228 SW 74'' Avenue,Tigard, Oregon, and approved through case Pile No. ADU2020-00011. (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 hind any and all subsequent owners of the Pmject for the term of this Agreement. AGREEMENT SECTION L 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 terms of this Agreement. In consideration 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 during the Exemption Period as set forth in this Agreement. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page I o17 Ar• 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 resttictivc covenants and equitable servitude shall pass to and be binding upon the Grantor's successors in tide 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 chatges arc 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 rcquesred by the City, will provide certification,in a format approved by the City in its sole discretion,that the Grantor is f,lIlling its obligations under this Agreement. SECTION 5. 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 fore 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 tails 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 nr 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 our 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 p.iven by the City to the Grantor,then the City,at its option,way 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 SDC's due,withhold issuance of building or development permits until paid in full; SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Pate 2 of 7 • b. Take such other action under this Agreement,at law,or in equity as may appear necessary or desirable to the City to enforce the covenants,agreements,vaaanties,and obligations of the Grantor hereunder. No waiver at 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 times. SECTION S. 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 dare 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. '[he Grantor hereby consents to such exdusive jurisdiction and waives any and all objections it might have thereto. SECTION 10. AUTHORITY. Grantor htxeby represents,warrants,and certifies that a. It possesses legal authority to apply for and accept the trans and conditions of the exemption and to catty 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 reciuired. The Grantor's official representative has sufficient authority to make 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; c. 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 tends. 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 party and its counsel have participated in the drafting and revision of this Agreement.Accordingly,the parties agree that any ode 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_ SUC 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 parties have caused this Agreement to be executed by their duly authorized rcptcsmtatives as of the day and year first above written. GRANTOR(e): FULL NAME: Signature Name 1 t FFOFFICIAL STAMP AOSA ESPANA + NOTARY PUSIJC.OREGON COMMISSION NO,984664 ( 4911 AAYcoMMISSIONDMUSFEBRUARY28,2D234 STATE OF °'OY'� ) �.,�-�-.� �S `� �/�/� � — ) $S: County of j The foregoing instrument was acknowledged before me this Ay of Y v , OW by ())06 5"-- Notary Public or the State of DEAVY1 My commission expires: btuc:h/ �r227 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page d 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 parries have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. GRANTOR(s): 1 FU NAME: By: Sign re �.�T OFFtCIAI STAMP Name: CC)eCI Cam ' ROSA ESPAN ci ` NOTARY PUBLIC-OHEGA ON , / `, COMMISSION NO.9846d4 t COMMISSIQM EXPIRES FEBRUARY2S,20223 STATE OF ° } j ) ss' County of (!{/��lh ) The foregoing instnunent was acknowledged before me this clay of O ,by Notary Public or the State of v jOT) My commission expires:f/4U4Y[lf c28l 2432-, SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4of7 FXHTTW11I'1. T.RG A l,I)ESCRIPTION OF TI lE PROJECT' A tract of land in the Southeast quarter of Section 25,Township 1 South,Range 1 West of the Willamette Meridian. in the County of Washington and State of Oregon,being a part 01 Lot 4.Tract 1,'Boulevard Heights'.more particularly described as follows: BEGINNING at the Southwest corner of that certain tract of land conveyed to the M.Louise Townes Family Trust in Document No.2014.027816,Washington County Deed Records.being a point on the west line of said Lot 4 which is North 00.33'30"East along said West lire a distance of 59.96 feet from the Southwest corner of said lot 4; thence continuing North 00'33'30*East 2.08 feel to a point;thence South 89°57'55"East a distance of 10B.50 feet to a point on the East line of said M.Louise Townes Family Trust tract;thence South 00°33'30'West along said East line,a distance of 3.25 feet to a point on the North line of that certain tract of land conveyed to George Deoca and Sirke Deoca by document no.2010,031180,Washington County Deed Records;thence South 89°21'00"East along said North line,a distance of 169_68 feet to the Northeast corner thereof;thence South 00'33'30'West,along the East line of said Deoca tract a distance of 59.96 feet to the Southeast corner thereof,being marked by a 3/4 inch iron pipe;thence North 89.21'00`West along the South line of said Deoca tract a distance of 278.18 feel10 the Southwest corner thereof,thence North 00'33'30"East,along the West line of said Deoca tract,a distance of59 96 feel to the point of beginning_ six'.EXEMPTION FOR ACCESSORY DWELLING UNIT Page 6 of 7 a EXHIBIT B SCHEDULE OF SDCs_EXEEMP'IE.D y System Exemption Amount City'Transportation $ 3,909.00 Parks $ 6,678.00 Water NOT ELIGIBLE Sanitary Sewer NOT ELIGIBLE Storrnwater NOT ELIGIBLE County Transportation Development Tax NOT ELIGIBLE Total Exemption $ 10,587.00 This SDC exemption is granted to the units Iocatrd at the property address(es)listed below: 9228 SW 74th Avenue,Tigard,OR 97723 }; ,• f,lNargvue1 Gatrza,Director of Aasessmcni !- 'iF and Taxation and Ex-Ofticio cif CFerk for * '" 1.4 Washington County.do hereby certify this to be a r• true and correct copy of the original. .-4( "'-}4,141, •' Date: `7111VG .1A.I(0 03 c.. '.•t7/4-11$4" By 6.).it.,, SDC EXEMPTION FOR ACCESSORY DWELIJNG UNIT Page 7of7