Report 020-6034
l/Dy7 SNEYITI S't-•
Washington County,Oregon 2021-014035
D2/02/2021 04:12:29 PM
RECEIVED O-tRUL Cnt=1 Stn=7 CLOUCKS
$35.00$5.00$11.00$60,00-Total=3111,00
City of Tigard
RETURN To: FEB 17 2021 II1IIIflI
13125Com unity Hallelopment C►TYOF TIGARO 02 18672 21111111i 0 7007e 111111
Blvd. BUILDING DIVISION 02711867202100140350070078
Tigard,OR97223 Joe onand,Interim Director orAeeforWetend y»a9
Taxation and Ex-0fflolo County Clark for Wuhlnyton
County.Oregon,do hereby eertlry Chet Ns within try
Instrument of writing wee received end racordad In the
book atrecurds of veld county. 4 ,'y
Joe Nelson.Interim Director of Assessment and
taxation.ex-Officio 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 RESTRICTIVE COVENANTS AND
EQUITABLE SERVITUDE (the "Agreement") is made and entered into this 19 day of January
20 21 ,by and between John Goalby and Shelby Taylor-Goalby(the"Grantor") and the City of Tigard (the"City").
PURPOSE
The City desires to exempt the construction of an accessory dwelling unit ("ADU") located at 11047 SW
Errol St,Tigard,Oregon,and approved through case File No.ADU2020-00012(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 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 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 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 I0-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 SDC'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
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, 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 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 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 nor 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):
�_
FULL NAME: eut'Lt a313N003o Sarudxa NOISSIwNC/J M
1 0E14001.'0N NOISSINNOO f
NOJ3?JO allond J JVIoN
__.NOS213A3S 3113Ntr1 A30tl1S r`+.J 1 s
By: '�— &ANIS'MI01w ., „;.�0 ' t
41111"111nature < _
Name: O3-1 nl q o ') L_s ut 51 e 1 h1 -ilk)i 07_ -"?j el 119iti
STATE OF O re 3 0 h ) ��' STAC I SrEt: .
ss: NOTARY 'a= 6;6fjr;it
County of l n3 GtSh 1rw t-v". ) `►OMM co , s81d <' 1:, ..:,'
Vv M'7�MMIS510. a.• - • 6?F�M:_- -,�,.,�
The foregoing instrument was acknowledged before me this l day of febru4s-j , ab,1 I by
Tnhn C,chaJb& a_no Sh�elbt3Tcu tlor Gowiby J
Notary u hlic for the State of Or•e rAw
My commission expires: ete_trA..hr a'I Zo24
- . OFFICIAL STAMP
STACEY LANETTE SEVERSON
lostoiastem,.) NOTARYPuflLIC-OREt30N
&TEARtt115SfONN0.1007130 EXP't u .tancE>+SHFR Zt,7hDY�
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 4of7
CITY:
CITY OF TIGARD,an Oregon municipal corporation
By: Ef 1/25/2021
y Nyland,Interim City Manager
•
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 5of7
EXHIBIT A
LEGAL DESCRIPTION OF THE PROJECT
Lot 6,ECHO HEIGHTS,excepting therefrom the North 250 feet thereof,also excepting therefrom the South one-half of
the East one-half of said Lot 6, in the County of Washington and State of Oregon.
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 6 of 7
EXHIBIT B
SCHEDULE OF SDCs EXEMPTED
System Exemption Amount
City Transportation $ 3,909.00
Parks $ 6,678.00
Water NOT ELIGIBLE
Sanitary Sewer NOT ELIGIBLE
Stormwatcr NOT ELIGIBLE
County Transportation Development Tax NOT ELIGIBLE
Total Exemption $ 10,587.00
This SDC exemption is granted to the units located at the property address(es) listed below:
11047 SW Errol St,Tigard, OR 97223
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 7 of 7
Payment Receipt Page 1 of
#.61.9 ASSESSMENT & TAXATION
Recording POS
Thank you for your Recording payment.
Please keep this receipt for your records.
Clerk ID: CL
Comment: REC
Payment Amount: $15.75
Service Fee: $1.50
Total Payment Amount $17.25
Assesment and Taxation
Recording Division
Public Service Building
155 N. 1st Avenue
Hillsboro,OR 97124
Phone:503-846-8752
Receipt Number: 3798268077
Transaction Date: 02/32/2021 04:15 PM
Payment Type: ['VISA
Account Number: `2011
Washington County Recording offers multiple payment options. Credit card transactions are charged a fee of 2.45%($1.50 minimum). This convenience
tee is not collected by Washington County and is nonrefundable. The tee will be shown as"L2G*SERVICE FEE,"a separate charge on your credit card
statement,and"L2G"WashCo Recording"will be the merchant for the payment amount.
https://paydirect.link2gov.com/RecordingPOS/Receipt/SuccessfulPayment 2/2/2021
Joe Nelson, Ex Officio Receipt#:962114 Receipt Date: 02/02/2021 04:15 PM
Washington County Clerk Station: 7 Cashier: C LOUCKS
155 N 1st Avenue Suite 130, MS 9
Hillsboro,Or 97124 Receipt Name: DOMAN
PHONE 503-846-8752
Comments:
RECORDING
Document# Recording Date Doc Type Recording Survey Housing A&T Fund NonStd Other Subtotal Transfer Total
2021-014035 02/02/2021 04:12:29 PM D-IRUL 35.00 5.00 60.00 11.00 ?1f CO $111.00
Totals: $35.00 $5.00 $60.00 $11.00 $0.00 $0.00 $111.00 $0.00 $111.00
Thank You Miscellaneous Fees
Retain this receipt for your records ENTER#OF PAGES COPIED 7 $1.75
ENTER#INSTRUMENTS LOCATED 1 $3.75
Receipt Total $116.50
MONEY ORDER 0667500158 $100.75
CREDIT CARD 3798268077 $15.75
Page 1 of 1