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< DocuSign`Envelope lib:A69C14J36-1AB2-4E4D-95B2-8EC68CFOA6F2 /O ��Washington County,Oregon 2021-127149
12/10/2021 01:56:00 PM
D SRUL Cnt=1 Stn=10 A DUYCK
$35.00$5.00$11.00$60.00-Total=$111.00
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RETURN TO:
City of Tigard 02832397202101271490070074
Finance and Information Services i,Joe Nelson,Director of Assessment and Taxation
and Ex-Officio County Clerk for Washington County, e y
Contracts&Purchasing Oregon,do hereby certify that the within Instrument of
13125 SW Hall Blvd. wilting was received and recorded in the book of
records of said county.
Tigard,OR 97223 Joe Nelson,Director of Assessment and Taxation.Ex- ,..4;µ x'
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 1st day of December 2021, by and
between Blue Palouse Properties (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 10873 SW
Annand Hill Ct, Tigard, Oregon, and approved through case File No. ADU2020-00022. (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 1 of 7
DocuSign Envelope ID:A69C1936-1AB2.4E4D-95B2-6EC66CF0A6F2
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-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"
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 2 of 7
DocuSign'Envelope ID:A69C1936-1AB2-4E4D-95B2-8EC68CF0A6F2
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;
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
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
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DocuSign Envelope ID:A69C1936-1A82-4E4D-95B2-8EC68CF0A6F2
interpretation of this Agreement or any amendment,modification,supplement,or restatement of the foregoing or of
any exhibit to this Agreement.
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 representatives as of the day and year first above written.
GRANTOR(s):
,„---
FULL N:\IMIE:
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By-
Signaatture 4 n , 1
STATE OF 0. 1 )
County ,of 61-6 ti t T ) s s:
The foregoing instrument was acknowledged before me this.day of 1)Q.te C e ,22( ,by
09bie, 3c lino. leA
cif, �.Cetp -
Notary Public for the State of 61k../
My commission expires:8/S1 IA
w
OFFICIAL STAMP
et TONI A RICCARDI
vt,":";) NOTARY PUBUC-OREGON
COMMISSION NO.1012794
MY COMMISSION EXPIRES MAY 31,2025
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
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DocuSigri Envelope lot A69C19'36-1AB2.4E4D-95B2-8EC68CF0A6F2
CITY:
CITY OF TIGARD,an Oregon municipal corporation
----DocuSigned by:
S.tt,Vit frit%
Steve Rymer,City Manager
1
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 5 of 7
DocuSign Envelope ID:A69C1936-1A132-4E4D-95B2-8EC66CF0A6F2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROTECT
A tract of land situated in the Northeast quarter of Section 10,Township 2 South,Range 1 West of the Willamette
Meridian,in the City of Tigard,County of Washington and State of Oregon,described as follows:
Beginning at a point on the North line of the Southeast quarter of the Northeast quarter of said Section,North
89°34'10"West 990.18 feet,more or less,from the East line of said section and running thence South 0°51"50'West
parallel with said East line of section,124.71 feet,more or less,to the North line of a 50.0 foot deeded roadway;
thence South 68°30'East on said roadway Northerly line 106.95 feet,more or less,to the West line of that tract of
land described in Book 1092,Page 594,Deed Records of said county;thence North 0°51'50"East on said West line
163.17 feet,more or less,to the North line of the Southeast quarter of the Northeast quarter of said section;thence
North 89°34'10"West on said line 100.09 feet,more or less to the point of beginning.
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
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DocuSign Envelope 115:A69C19$3-1AB2.4E4D-95B2-8EC68CF0A6F2
EXHIBIT B
SCHEDULE OF SDCs EXEMPTED
System Exemption Amount
City Transportation $4,128.00
Parks $7,591.00
Water NOT ELIGIBLE
Sanitary Sewer NOT ET IGIBLE
Stormwater NOT ELIGIBLE
County Transportation Development Tax NOT ELIGIBLE
Total Exemption $11,719.00
This SDC exemption is granted to the units located at the property address(es)listed below:
10873 Armand Hill Ct.,Tigard,OR 97223
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 7 of 7
Washington County,Oregon 2019-087839
RECORDING REQUESTED BY: D-DW Stn=8 J CHOATE 12/04/2019 01:34:35 PM
,,
ID LawyersTitle $15.00$11.00$5.00 660.00$336.00 $427.00
�'J`'' of Owarpon,Lac I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
12550 SE 93rd Ave,Ste 420 recorded in the book of records of said county.
Clackamas,OR 97015 Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
GRANTOR'S NAME:
Joseph M Van Lom Trust dated 12/21/2006
GRANTEE'S NAME:
Blue Palouse Properties LLC,an Oregon limited liability company
AFTER RECORDING RETURN TO:
Order No.: 161901394-SB
Robert Matthews
Blue Palouse Properties LLC,an Oregon limited liability company
333 South State Street Ste V452
Lake Oswego,OR 97034
SEND TAX STATEMENTS TO:
MBlue Palouse Properties LLC,an Oregon limited liability company
333 South State Street Ste V452
C�k Lake Oswego,OR 97034
APN: R1014397
j Map: 2S110AD08805
No Sttus Address,Tigard,OR 97224
SPACE ABOVE THIS LINE FOR RECORDER'S USE
;¢r.
;� STATUTORY WARRANTY DEED
Joseph M Van Lom and Cynthia S Van Lom, Trustees of the Joseph M Van Lom Trust dated 12/21/2006,
Grantor, conveys and warrants to Blue Palouse Properties LLC, an Oregon limited liability company,
to Grantee, the following described real property, free and clear of encumbrances except as specifically set forth
below,situated in the County of Washington,State of Oregon:
A tract of land situated in the Northeast quarter of Section 10, Township 2 South, Range 1 West of the
Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon,described as
follows:
Beginning at a point on the North line of the Southeast quarter of the Northeast quarter of said Section,
North 89°34'10"West 990.18 feet,more or less,from the East line of said section and running thence
South 0°51"50'West parallel with said East line of section, 124.71 feet,more or less, to the North line of a
50.0 foot deeded roadway;thence South 68°30'East on said roadway Northerly line 106.95 feet, more or
less, to the West line of that tract of land described in Book 1092, Page 594, Deed Records of said
county;thence North 0°51'50"East on said West line 163.17 feet, more or less,to the North line of the
Southeast quarter of the Northeast quarter of said section;thence North 89°34'10"West on said line
100.09 feet, more or less,to the point of beginning.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS THREE HUNDRED THIRTY-SIX
THOUSAND AND NO/100 DOLLARS($336,000.00). (See ORS 93.030).
Subject to:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
Deed(Statutory Warranty)
ORD1293.doc/Updated: 04.26.19 Page 1 OR-LT-FXEB-01060,474579-161901394
STATUTORY WARRANTY DEED
(continued)
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND
BEING TRANSFERRED tS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND
17,CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below.
Dated: "2/0 K f t 2.C?
Joseph anlom Trust d ed 12/21/2006
BY: '° ' V741,
Jos h Van Loin
Tru t
(1‘31 i 41//11114W'Velf1/1/11--GnAVITO ---
Cynila S Van Lom
Trustee
i �
State of C,�k1.-
County of t/f--rn
�1
This instrument was acknowledged before me on / - - , `-/ / by Cynthia S Van Lom, as Trustee for
Jo h anlom Trust dated 12/21/2006 and Jose hM Van Lom,as Trustee for Joseph M Vanlom Trust dated
pp
12/21 0 .
N.. ...-
Notary Publi -State of Oregon
My Commission Expires: C1 _
4/„!►►r OFFICIAL STAMP
,S'Ki'' DEBORA J OLSON
..! NOTARY PUBLIC-OREGON
�E`.. COMMISSION NO. 947119
MY COMMISSION EXPIRES FEBRUARY 03,2020
I
Deed(Statutory Warranty)
ORD1293.doc I Updated: 04.26.19 Page 2 OR-LT-FXES-01060.474579.161901394
EXHIBIT "A"
Exceptions
Subject to:
Covenants, conditions, restrictions and sewer easements but omitting any covenants or restrictions,if any,
including but not limited to those based upon race,color, religion, sex, sexual orientation,familial status, marital
status, disability, handicap,national origin, ancestry, source of income,gender,gender identity,gender
expression, medical condition or genetic information,as set forth in applicable state or federal laws, except to the
extent that said covenant or restriction is permitted by applicable law,as set forth in the document
Recording Date: August 29, 1978
Recording No: 78 38656
Deed(Statutory Warranty)
ORD1293.doc/Updated: 04.26.19 Page 3 OR-LT-EXEB-01060.474579-161901394