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ADU2020-00012 NOTICE OF TYPE I DECISION ACCESSORY DWELLING UNIT ADU2020-00012 „ GOALBY ACCESSORY DWELLING UNIT 120 DAYS = February 25, 2021 SECTION I. APPLICATION SUMMARY FILE NAME: GOALBY ACCESSORY DWELLING UNIT CASE NO.: Accessory Dwelling Unit(ADU) ADU2020-00012 PROPOSAL: The applicant proposes to convert an existing, detached accessory structure into a detached accessory dwelling unit (ADU). The ADU will be 781-square-feet in size, and will include a covered patio on its front fagade. APPLICANT: Nomarco,Inc. Attn: Chuck Doman 4066 S.Elliott Prairie Road Woodburn,OR 97071 OWNERS: John Goalby and Shelby Taylor-Goalby 11045 SW Errol Street Tigard, OR 97223 LOCATION: 11045 SW Errol Street;WCTM 2S103AA,Tax Lot 800 BASE ZONE: R-4.5: Low-Density Residential Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.220 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request,subject to certain conditions of approval.The findings and conclusions on which the decision is based are noted in Section IV. ADU2020-00012 GOALBY ACCESSORY DWELLING UNIT 1 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED: Unless noted otherwise, the staff contact is Lina Smith, Assistant Planner, (503) 718-2438 or LinaCS(kZogard-or.gov. 1. Prior to building permit submittal, the applicant must apply for and obtain a new address for the approved ADU. 2. Prior to issuance of building permits, the applicant must obtain permits to connect to City of Tigard sewer. SECTION III. BACKGROUND INFORMATION Site Information: The subject property (11045 SW Errol Street;WCTM 2S103AA,Tax Lot 800)is located on the north side of SW Errol Street, east of SW 112''Avenue, and west of SW Former Street. The property is currently occupied by an existing single detached house,with an attached garage,paved driveway, and associated landscaping.The property is zoned Low-Density Residential (R-4.5),as are surrounding properties. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.220 Accessory Dwelling Units: 18.220.040 Approval Criteria The approval authority will approve or approve with conditions an accessory dwelling unit application when all of the standards in Section 18.220.050 are met. 18.220.050 Standards A. Number of dwelling units. 1. A maximum of 2 accessory dwelling units are allowed per single detached house. The property contains one (1) existing single detached house, and the applicant proposes just one (1) detached ADU.This standard is met. 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house. A second accessory dwelling unit must be attached to the primary dwelling unit. The property contains one (1) existing single detached house, and the applicant proposes just one (1) detached ADU.This standard is met. B. Size. I. The maximum size of a detached accessory dwelling unit is 800 square feet. The proposed detached ADU will be 781 square feet in size.This standard is met. 2. The square footage of each attached accessory dwelling unit may not exceed the square footage of the primary dwelling unit. The applicant is not proposing an attached ADU at this time.This standard does not apply. C. Height. ADU2020-00012 GOALBY ACCESSORY DWELLING UNIT 2 1. The maximum height of a detached accessory dwelling unit is 25 feet. The applicant's elevation drawings show that the proposed detached ADU will be between 11 to 12 feet in height. Building height is measured based on the methodology outlined in CDC 18.40.040. This standard is met. 2. A structure containing an attached accessory dwelling unit may not exceed the maximum height for a single detached house in the base zone. The applicant is not proposing an attached ADU at this time.This standard does not apply. D. Setbacks.Accessory dwelling units must meet the setback standards for a single detached house in the base zone, with the exception that a detached accessory dwelling unit may be located within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or less in height. The subject property is located in the R-4.5 Zone, and is subject to the following setbacks: 20 feet for the front and for the garage, 5 feet for the sides, and 15 feet for the rear. Staff reviewed the applicant's site plan to confirm that both the primary and accessory dwelling units comply with these setbacks.This standard is met. E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. The property is located in the R-4.5 Zone, and there is no lot coverage standard for this zone.This standard does not apply. F. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line.The entrance to a second attached accessory dwelling unit must be oriented to a side,street side,or rear lot fine. The applicant is not proposing an attached ADU at this time.This standard does not apply. G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory dwelling units. City records for this property show no current home occupation permits on file. This standard is met. H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to existing accessory structures such as garages, subject to the maximum square footage and height restrictions for each, as measured using the method provided in Section 18.40.130. The applicant proposes to convert an existing accessory structure into a detached ADU.As demonstrated in the findings above, the proposed ADU complies with the maximum square footage and height restrictions for a detached ADU.This standard is met. CONCLUSION: This proposal is to convert an existing accessory structure into a detached ADU, and is in compliance with the applicable requirements of this Title. ADU2020-00012 GOALBY ACCESSORY DWELLING UNIT 3 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: An accessory dwelling unit application is processed through a Type I procedure. As such,this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally, and is the final decision of the City-. THIS DECISION IS FINAL ON OCTOBER 28, 2020, AND BECOMES EFFECTIVE ON OCTOBER 29, 2020. Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS@tiaard-or.Qov. — �-- October 28,2020 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee ADU2020-00012 GOALBY ACCESSORY DWELLING UNIT 4 i , , _ ----------------- - 15 ,--- I I 5 PROPOSED ADU I I I I i SEWAGE PUMP i � I I I SEPTIC TANK i i Q AND DRAINFIELD i I I SITE PLAN SCALE: 1/32" = 1 '-O" i EXISTING DWELLING i I ADU 11045 SW ERROL STREET ! I PORTLAND, OREGON I I I I lad Fir�d�fdn Deign I I X>,*ndwoAAme -- ----- - ------------ Sfvcfo%Ow4on'/Ml �.s'13.s219 r�wdfldadoldnw�xwori SW ERROL STREET 35•_6" II I I I I I I p 11 I I I 1 I 1 I I I I I 1 I I I 1 I 1 II o B I I I I I I I I I I I I I I I II N S' WIDE STORAGE 11 LOFT ABOVE 2;vine in 30.25 DEEP 30' POCKET DOOR I I I I REF 2VIDE I I 266.625 DEEP I I I I I I 1 I F00001 I I I 1 H OD FLOOR PLAN I I I I I I I ADU 11045 SW ERROL STREET b PORTLAND, OREGON COVERED PATI❑ I I �Ic�gd Pirlad�dnOa�ign 304/ldare/1Knx L------- --------------------------------------------------------------------------J 5l Wo%0mgon W!551 A05M813 82 5 SCALE: 3/16" = 1 '—O" printed at 8.5x11 rkhadfirW-ldwencom L__-_--_ _______________________________________________________ ELEVATIONS ADU 11045 SW ERROL STREET mm m PORTLAND. OREGON �Icfwd PldadmfdnDc�lgn 304 More Amm 9kvfon,Orcgon 99381 0503.873.8219 SCALE: N. T.S. rfdwd lrw4dnrw=m STICK FRAMED ROOF COMMERCIAL FOLDING EXISTING STAIRS FLAT BOTTOM TRUSSES 0 I 'r L_______________________________________________________________________________________J SECTION B THROUGH STORAGE LOFT NEW RAFTERS PAST AND RIDGE BEAM GLULAM BEAM f: ADU IRDOMLIVINGROOM 11045 SW ERROL STREET PORTLAND, OREGON �,�Pinbd�fanDe�n SECTI❑N A THROUGH STORAGE LOFT �)04AdonoA m .>lWon,Orcgon O/Ml v5m.893.89-I'S ri+wd lrW5fc wvncom SCALE: 3/16" = l '—o" printed at 8.5x11 APPLICANT MATERIALS ADU2020-00012 City of Tigard 5 - CUMMUNIT•Y DEVELOPMENT DF.PAR"IVENT Master Land Use Application LAND USE APPLICATION TYPE (dAccessory[hvelling Unit(ADL D Modification: i Type I O Type 11 0 Adjustment ❑ Planned Development: 0 Annexation Consolidated Plan D Comprehensive Plan Map Amendment C'', Concept Plan 0 Conditional Use C-1 Detailed Plan 0 Downtown Development Review: 0 Sensitive Lands Review: D Type I O Type 11 O Type I i� Type 11 CJ Type III D Adjustment 0 Site Development Review: h Type 1 O Type R 0 Home Occupation—'rypc I1 0 Subdivision 0 Land Partition O Temporary Use Permit O Lot line Adjustment/Lot Consolidation CD Urban Forestry Plan: 0 Marijuana Facility Permit Q Modification ❑Discretionary Review O Miscellaneous: ❑ Zoning Map,amendment I i Type II 0 Type III PROJECT INFORMATION Project name: I ioLls Cad t Brief description of otoiect: C0V4AYt Q-1C75 kG+ Q /{ T�.It] bQ-o< thr bg4k SITE INFORMATION j ff JJF 1 Location (address if available): Tax map and tax lot number(s): (kY Site size: 14 ` kt-fC5 Zone: APPLICANT INFORMATION Name: Y10m tc'), TV Mailingaddrea: ( o -ee/ 3, 6,164 1 4 Vt't Zck city/State0L,46.mzip: 7 -7 Phone. GS(kPi Email:&4fJV%KC1lyt��aIl.CGy"� Applicant's tepresentative:� �••�l+�I+- bL � '3i `\\\bbtM-GvP Phone: Y' p •J 0- �J Finai1: !—J! AV-,01 1Y) 4+'k4i I f Ow City of Tigard • 1312S SIX%Hall Blvd. • Tigard,Ckegon 9'_23 w tigardor4m 503-719-2421 Pair I of2 PROPERTY OWNER INFORMATION O Same as apphcant (Attach list for additional owners) Name: Si, 06V I r%., v' Gn�1,N, Mailingaddress: ([� 5�1� .+L Mi�'�City/State �_Zip:�_ Phone: Email: 5tttlhJ+a t 6Al<d<Ti�l• Cr�-tit SUBMITTAL REQUIREMENTS In addition to this apphcation fort,you must submit all required items listed in Subsection 18.71Q.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,pleasc contact the planner on duty at 503-718-2421 or riyardplannerooduV01tivard or,eoe. 1 certify that I am the pmperry owner or I am eligible to initiate this application,as prorided in the Tigard Corumunity Development Code, To the best of my knowledge,all the information provided within this application Package is corn ccunre. q CA(la t h}ma" / a pp cant's si a Print name l)a1v Shelby!a lor-Goalby ?i Property owner's signature Print name Date Property owner's signturc* Print name Date "The owner must mgn this application or submit a separate written authorization when the owner and applicant me different people. City of Tigmd • 13125 SW liall Blvd. • Tigard,Oregon 97223 • wwwtig:ud-or.gm • 503--1&2421 • Page 2 of 2 NOMARCO INC Nomarco Inc 4066 S Elliott Prairie Rd Woodburn, OR 97071 503-729-0562 Nomarcoinc@gmail.com To whom it may concern, We will be converting the existing detached Shed into an ADU. The proposed ADU falls within the guidelines of the 18.220.050 standards. The new building will be used as a home for a family member. There will be a bedroom and office/studio and a storage room laundry room, as well as a kitchen, living room and half bath.There will be a covered porch on the front of the dwelling as well. Chuck Doman Project Manager 208-390-3156 Cjdoman80@gmail.com i i 15' i 5 PROPOSED ADU i r Q i \ SEWAGE PUMP l I \ m � 1 1 1 I SEPTIC TANK i i O AND DRAINFIELD i SITE PLAN SCALE: 1/32" = 1'—O" i EXISTING DWELLING i ADU 11045 11045 SW ERROL STREET i PORTLAND, OREGON I i � QkFad Pir�kd�tdnDc�ign 304Ado-*A m --- --- -- --------------- ----- SlMar a%omgon 97381 '505.W!5.52-r5 mkwf Idadaldnrwmn SW ERROL STREET 35'-6' I 1 I I I O I I I 1 I 1 I 1 I 1 I 1 I 1 I I II B II I I I I I I 11 1 0 I I N S' VIDE STORAGE II LOFT ABOVE i 1 27 pWIDE iD I 3025 DEEP I I 30' POCKET DMR I I REF 24 VIDE I I 26,625 DEEP I I I I 00 II II 00 II II 00 FLOOR PLAN I I I I I ADU 11045 SW ERROL STREET PORTLAND, OREGON o I I o i COVERED PATI❑ �kfwd 1`krodefanDe�kjn I I I 304 A"Aram L-------- ------------------------------------------------------------------------------ii 51wcn'ow4m 97381 SCALE: 3/16" = l '—O" printed at 8.5x11 rkho&lr 5fclmw m -------------------------------------------------- ______________________J ELEVATIONS ADU 11045 SW ERROL STREET mm m PORTLAND OREGON �ii dad I`IniadeldnDe�n 304 Adan Nam 51Mata.Orcgon 97381 '303.873,SZf3 SCALE: N. T.S. ridad Wd4dnrv'oan STICK FRAMED ROOF COMMERCIAL FOLDING EXISTING STAIRS FLAT BOTTOM TRUSSES 0 I I� L______________________________ ________________ __________________________J SECTI❑N B THROUGH STORAGE LOFT NEW RAFTERS POST ANO RIDGE REM GLULAM BEAM ADU GUEST ROOM LIVING ROOM 11045 SW ERROL STREET PORTLAND, OREGON (7oad f id deldnDago SECTI❑N A THROUGH STORAGE LOFT Ll X)4Ad°"Alam 5Wc n,O=jon 97',81 '303,873,821'3 Fkfrodfld d4drrlwwom SCALE: 3/16" = 1 '—O" printed at 8.5x11 CORRESPONDENCE ADDITIONAL INFORMATION City of Tigard October 20, 2020 Nomarco, Inc. Attn: Chuck Doman 4066 S. Elliott Prairie Road Woodburn, OR 97071 Project: Goalby Accessory Dwelling Unit (ADU) Site: 11045 SW Errol Street; WCTM 2S103AA, Tax Lot 800 Land Use File: ADU2020-00012 Dear Applicant: The City received the above refenced land use application on September 28, 2020. Staff has evaluated your application for completeness against Tigard's submittal requirements, and determined that additional information is required. I. Completeness Items In order for your application to be deemed complete, please provide the following additional information: • City staff contacted Clean Water Services and Washington County Environmental Health regarding the septic system at this property. Because sewer is available within 300 feet of the site, this project will be required to connect to the public sewer system (in accordance with Oregon Administrative Rules Chapter 340, Division 71). Accordingly, the ADU decision will include a condition of approval to connect to the public sewer system. Please notify city staff if you would still like to proceed with this ADU application. II. Re-submittal Requirements Please notify city staff if you would still like to proceed with this ADU application by contacting Lina Smith,Assistant Planner at LinaCSQ1igXd-or.gov. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Determination of Completeness Page 2 Land Use File.1DU2020-00012 III. Completeness Options This letter contains the completeness review from all relevant City Departments. Please be advised that no further action will be taken on your application until one of the following events occurs: (1) you submit all completeness items, (2) you submit some completeness items and request that the City deem your application complete, or (3) you submit no completeness items and request that the City deem your application complete. Once your application is deemed complete, staff will review your application for approvability. IV. When Your Application Become Void Per ORS 227.178, your application will be void if one of the three actions listed above is not taken within 180 days of the date you submitted your application. The date on which your application would become void is March 27, 2021. Please be aware that application fees are non-refundable. If an application becomes void, the City may retain some or all of the related application deposits. If you have any questions or concerns, please feel free to contact me at (503) 718-2438 or LinaCS&ti_ ar�gov. Sincerely, Lina Smith Assistant Planner Copy: ADU2020-00012 ` Washington County,Oregon 2021-01403502102/202104:12:29 PM D-rRUL Cnt=1 Stn=7 C LOUCKS $35-0000$500$11``.010$60..00-Totall!=1#If RETURN TO: 00100(000 I�I�IIII�IIIIIII�f111��IIIIIII�If�l(f i�l City of Tigard Community Development 13125 SW Hall Blvd. 02711867202100140350070076 I.Joe Nelson.Intetrm Olractar of Am"""" wns" end Tigard,OR 97223 Taxation and Ex-0dlNd County cisrk for Washlnafo0 County,Oman,do hereby comfy that the wbhtn i Instrument of wrning was received and recorded In too took of retardal of sold caum. Joe Nelson.Interim Olneetdt ofAsseaslneM and Taxation,Ex&kk County Clark 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's is made and entered into this 19 day of_ January , 20 21�by and between John Goalby and Shelby Taylor-Goalby(the "Grantor'j 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 pan,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's 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 tears 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 1 of 7 b. The representations,covenants,and restrictions granted by Grantor therein with respect to the Project shall be deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude running with the Project land in favor of and enforceable by City. These restrictive covenants and equitable servitude shall pass to and be binding upon the Grantor's successors in title including any purchaser,grantee, or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors, administrators, devisees, successors, and assigns of the Grantor or any purchaser,grantee, or lessee of any portion of the Project and shall pass to and be binding upon any other person or entity having any right,title, or interest in the Project. Each and every contract,deed,or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein shall contain an express provision making such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that any such contract, deed, or instrument shall conclusively be held to have been executed, delivered, and accepted subject to such covenants, restrictions and charges regardless of whether or not such covenants, restrictions and charges are set forth or incorporated by reference in such contract,deed,or instrument. SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project land by enhancing and increasing the enjoyment and use of the owners and tenants of the development,the intended beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the exemption is granted. SECTION 4. COMPLIANCE. The Parties hereby agree that Grantor, if requested by the City, will provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling its obligations under this Agreement. SECTION 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 10-pear 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 terninate 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 fords 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 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 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 behalC- 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 U. 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 of 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 parries 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 representatives as of the day and year fust above written. GRANTOR(s): tM OM WSM303a saMmta NoI88w6voo API FULL NAME: OU1001.ON NOMMM00 H003HO 3r19nd AW10N . ,-�"'� >itl3A3>i 3113NVi A3Dtl1Q dWV181MI140 j By: Name: aoA P STATE OF STACO EG<+ ss: NOTARY • , v, 13rl.- County Of W(Ar,n The foregoing instrument was acknowledged before me this I day of"nnina_, as 1 ,by 7yoh�� S b �'wJt(ot Gow�by Notary u)lic for the State of My commission expires:' a tnr1+•y &`7 120aL( OFFICIAL STAN AIIIIIIft STALMEY LANCOMn NOTARY PUWG-OREGON GOd1E LesoDt ?7.0 1EPF60 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4 of 7 CITY: CITY OF TIGARD,an Oregon municipal corporation By. tf 1l25l2021 a y Nyland,Interim City Manager SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROJE 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 Stormwater 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