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VAR2002-00011
EXHZ . IT A NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2002-00011 CITY OF TIGAW WINGATE FRONT YARD SETBACK ADJUSTMENT Community 0evelopment Shaping,4 Better Community 120 DAYS = 7/6/2002 SECTION I. APPLICATION SUMMARY FILE NAME: WINGATE FRONT YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2002-00011 PROPOSAL: The applicant has requested an adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet. The purpose of the Adjustment is to provide additional protection to an existing 32" inch Douglas Fir. APPLICANT/ OWNER: Wingate Corporation Attn: Scott Desbiens 15840 S. Pope Lane Oregon City, OR 97045 LOCATION: 6939 SW Locust Street; WCTM 1 S136AA, Tax Lot 9400 (Lot 16 of Ventura Estates). COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. ZONING DESIGNATION: R-4.5, Low Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. 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. VAR2002-00011 -SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITIONS OF APPROVAL 1. All construction must be completed in compliance with the conditions of approval of the Ventura Estates Planned Development (SUB98-00014 and PDR98-00013). 2. Prior to site work, the City Arborist must inspect and approve the protection measures for the Douglas Fir at the rear of the lot. (STAFF CONTACT: Matt Stine). THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The property is bordered on all sides by single-family residences. The proposal is to intrude into the 20-foot front yard setback by 5 feet to ensure preservation of an existing 32-inch Douglas Fir. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.390 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant, has requested an Adjustment to the front yard setback to allow the placement of the house. The required front yard setback is 20 feet, therefore, a 5-foot reduction of this setback may be allowed provided the following criteria are addressed. A development Adjustment shall be granted if there is. a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired affect; The Adjustment is the minimum needed to allow placement of the house and preservation of the Douglas Fir. ` VAR2002-00011 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION The Adjustment will result in 'the preservation of trees, if trees are present in the development area; The proposed adjustment will in fact ensure the protection of an existing 32-inch Douglas Fir on the site. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. Emergency service can still access this dwelling and adjacent dwellings. . There is not a reasonable- alternative to the Adjustment which achieves the desired affect. As discussed above, this is the only alternative that allows placement of the house while . minimizing the impact to the large Douglas fir in the rear yard. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: ]To-t ce was mailed to the applicant and owners. Final Decision: A setback A7ustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City., THIS DECISION IS FINAL ON MARCH 11, 2002 AND BECOMES EFFECTIVE ON MARCH 12, 2002. Questions: If you have any questions,. please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. March 11, 2002 PREPARED B: Bra I l y A Associate-Planner March 11, 2002 APPROVED BY: Richard H. ewersdorff DATE Planning Manager VAR2002-00011 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION CITY of TIGARD LN V TURA GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP DR VAR2002-00011 C'T WINGATE FRONT YARD SETBACK ADJUSTMENT NTU RA URA DR SITE j ?AYi~RS FED 5 RD ST ST RO 0 J, ST 3 z•1 f lL 7'~`Ut'---~J'• _.4~ ~i BDNRA; RD ---------s_ j BEfF BEND RD,. DURHAM. RD ' w N j, r w > > Q Tigard Area Map 71 Q ST 3: N o co S.W. 0 100 200 300 400 Feel L EAFIC 17~T 11 !!=Siii6iiiii ST 1"= 320 feet OAK > w ST Q rn 2 3: a- (o City of-Tigard C° ca LLJ > Information on this map is for general location only and ui should be verified with the Development Services Division. > 13125 SW Hall Blvd QQ Tigard, OR 97223 Q J (503) 6394171 - http:/twww.ri.tigardor.us Community Development Plot date: Mar 11, 2002; C:\magic\MAGIC03.APR r N S I SCALE: 1" . 20' 64.88' 15' / 304 5# 5' /I abo¢R ~ _ i 506 i L `(7 ulA! 310- ECEIVE® 64.91' MAR 0 8 2H2 WINGATE CORPORATION S. W. LOCUST ST. CITY OF TIGARD PLANNING/ENGINEERING 15840 S. HOPE LANE OREGON CITY, OREGON 97045 YAR"2-00011/WR4C ITE FRS YARD SETBACK ADT. N COMPASS ENGINEERING LOT 16, NENTURA ESTATES" ENGINEERING SURVEYING PLANNING CITY OF 'iC',,A-9D ON aE UUM ROAD CLACKAMAS COUNTY, OREGON EXHIBIT i3 1 S136AA-09400 WINGATE CORPORATION 15840 S POPE LN OREGON CITY, OR 97045 AFFIDAVIT OF MAILING CITY OFTIGARD Community Development Shaping fl BetterCommmunity 1, (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpeciaCut for the City ofTWar Washington County, Oregon and that I served the, following: (Check Appropriate Box(s) Beim) ❑x NOTICE OF DECISION FOR: VAR2002-0001 I/WINGATE FRONT YARD SETBACK ADJUSTMENT AMENDED NOTICE (File NoJName Reference) ® City of Tigard Planning Director A copy of.the said notice being hereto attached, marked Exhibit'W, and by reference made a part hereof, was mailed to . each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, on March 11, 2002, and deposited in the United States. Mail on March 11, 2002, postage prepaid. (Per hat are NO • e) STATE OF OP9G09V ) County of 4Was ington ) ss. City of Tigard ) ~S Subscribed and sworn/affirmed before me on the 3 day of , 2002. OFFICIAL SEAL f H DIANE M JELDERKS NOTARY PUBLIC-OREGON COMMISSION NO. 326578 MY COMMISSION EXPIRES SEPT. 07.2= NOTARY PUBLIC OF OREE"N/ V MY Commission Expir 6/ 7 . 0 r 4/ 1 /02 CITY OF TIGARD 8:29: 11 AM 13125 SW Hall Blvd. Tigard, OR 97223 (503) 6394171 Conditions Associated with Case VAR2002-00011 CONDITION STATUS STATUS ORDER # CONDITION TITLE/WORDING STATUS* DATE BY 1.00 COMPLETE SUB/PDR CONDITIONS M 3/11/02 BMK 1. All construction must be completed in compliance with the conditions of approval of the Ventura Estates Planned Development (SUB98-00014 and PDR98-00013). 2.00 CITY ARBORIST INSPECTION M 3/11/02 BMK 2. Prior to site work, the City Arborist must inspect and approve the protection measures for the Douglas Fir at the rear of the lot. (STAFF CONTACT: Matt Stine). Tree had to be removed due to damage. The developer was required to mitigate inch for inch. *Condition Status: M=Met N = Not Met PingCaseCond.rpt Page: 1 of 1 E~A7'. March 29, 2002 q 7n~? Brad Kilbey, Associate Planner ERR City of Tigard City Uf JUAW Re: Ventura Estates - Lot 16 -Mitigation for Tree Removal `N aC)0a- C)OO11 Dear Brad, Per our telephone conversation, I have agreed to do a one for one tree mitigation on the 32" Doug Fir. I had Loen Pankey from Redwood Lane Nursery come out and survey the trees that we have already planted and this is what he came up with: Lot 15 - 6955 SW Locus 11 II TREE was dQmQ~Qd betlo~~ ~eQa~r Quantity - Type V'4 1 ga}ed 7 7/8 Thuja plicata Or_, yrERa REO CF-o aR 1 6/7 Tsuga canadensis a-3 " Canada "arhLoc-t 1 7/8 Comus nuttalli 3 " 3 6/7 Acer circinatum 41E MAf- -6 3 2"cal Betula jacquemontil a" ~MT-WE-R-0 1Mo"A 1 . 7/8 Chamaecyparis lawsoniana ;1-3 " Fat s e C--,F-,e5-3 2 10/12 Chamaecyparis lawsoniana aq i ~I e C~ ,-css pemcjeo 50 Inc6s ReplGe-eb K I believe this is sufficient quantity and probably even a credit towards other tree removal if this becomes necessary. I would appreciate a response as soon as possible because I need to pull the building permit for that lot. Thank-you, Barry Desbiens 15840 S. Pope Lane, Oregon City, OR 97045 (503) 657-3300 fax (503) 657-4646 ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Ha1181vd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): !o~?j~ {et~t) lC_►~S 11 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): ~ 1-3(a APr -Q 9 (TOO I~p Site Size: t~tp (to Case No.: V ma - CO) Applicant*: J2 to 0 Other Case No.(s): Address: S o Fv Receipt No.: a- City/State: - t_, Zip: !n ll-" Q~~ Primary Contact: < < 1 Tlt lsasQSit:~rA S. Application cce ted By: Phone: SD 3--c(3-T $95 Fax: `.7" 03- (65~- 46q~ Date: 113 SOD Pro rty Owner/Deed Holder /S)*: (Attach list if more than one) Date Determined To Be Complete: Address: Phone: City/State: Zip: Comp Plan/Zone Designati n: * When the owner and the applicant are different people. the applicant f~ `C must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) CIT Area: must sign this application in the space provided on the back of this Recording Date and Number: form or submit a written authorization with this application. PROPOSAL SUMMARY Rev. 1111/01 is\curplnVnasters\revised\adjustment-1.doc The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): YDevelopment Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS ➢Special Adiustments: ♦ Adjustments to a Subdivision ` ♦ Reduction of Minimum Residential Density Application Elements Submitted: ♦ Landscaping Adjustments - ExistingMew Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal Owner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower © Title Transfer Instrument or Deed ♦ Washington Square Reg. Center Density Adjustments Site/Plot Plan (6 copies) Please state the reason for the Adjustment re uest' A%& Site/Plot Plan (reduced 81h"x 11 Lj, - SrrV~ GX-N r is 1 "3 C, ca>J sr- r-- (s, -SAVF- to 32 r' , 'LOO PT u[-,a i L, ~na Applicant's Statement (Addressing Criteria Under Section 18.370.020) 3J~ ~-Di nl t_, k -rPR-i n!! #~S ~51.1~+-~ rJ ('~j1 j Filing Fee $100.00 O~ --['~rkt✓ $ ►'TE F'L~~, Sr► u- Pi>'o':-~-J~E,S t n1~7-0 `/mil THE `~K-i P L-,,~ Lo Nf f -e~t A-T- Los- Coy :VIA ~J~ t✓ L:6m e. -foss i e-L..,i c-Lci S e2-- T e. CGJ FLAOCrs S"-3& 1 APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. ' a DATED this (;t ~ day of 120 OZ O igna Owner's Signature (Anerti Sig ature Owner's Signature 2 Receipt 27200200000000000873 Date: 03/08/2002 T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due VAR2002-00011 (LANDUS] ADJUSTMENT 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid CreditCard SCOTT DESBIENS 0 0 020877 $100.00 TOTAL AMOUNT PAID: $100.00 • n Sent By: HP LaserJet 3100; 503 657 4646; Mar-8-02 1:38PM; Page 1 WINGATE CUSTOM HOMES I5840 S, Fope Lane Oregpn Oty, OR 97045 Phorle (503) 657-.3.300 F~l<~ (503) 6.57-4646 FAX COVER SHEET Date.' MarvIi 87 2009 F~lx.• 503-598-1960 To: Dii-me gym: Scott Number of Pages: 5 (111C111d11rg G'()Ver sheet) Comments., Any additional questions, please. call DO'S, 0 Th~~rtks, Scott , Sent By: HP LaserJet 3100; 503 657 4646; Mar-8=02 1:38PM;. Page 2 - Nu. 104 i r . c riAR. 8.200Z_ 12'OOPM SUN AE CLST SERV ID a14'a A1701aa1a Y! 1'DwN !o a WIT!' OF 011111 wiogato Corp, CAAM1Ysrww4kvM 1:•~: I~ d OWN M Until ehaes*r is ebt sd all tax y •taterAints Aheli be bent to the fol)eriag A2 e~414-071v_ O Doc 2001043100 r~ Rect: 278361 87.00 a sacro.t ao: seas-a9esealt oiiae/2op1 02:01(270. Q order No! 225s0eb RRS1A1i'! bRm 8~1l0l9RY 1'0R1f ~ , (INwV!tbAIL Or NkpOUTICK) VENTLMA, LLC, an Oregon limited liability c n anb anAt~, as to P7trCele z rod UR, as to var'r_el Six a'. •r Grantor, CCMV 03 and warianta to Wl)mTB mowwl VC; -AN ORZOW, C=PORATiON Grantee, the following deacribrd real properey frwe of encumbrances except as a1mcirtoally ~T bet forth bes'tsin: (CanCinued) (I.r zbia LUSUusetit Vila not allaw efla of We SwupOtty aesarlbad in this tnlta:esllaat 1a violation of apriieable ]Apd use laws and repy3asiew- satore sigaiav ea sa0e0eiDs this zambr=40t. the, Pataop bue4niriv& !as tsiela ea a- yeooastw sbauld ebeole with tba appsopriata o&W or ` counW WaMISf damrtsant to vw:t >Y sypravad uses and to dateaiae ag11' iiaau an I- its aWaiast lassitZW or LOrmst paacticas sa delilNd in 0118 30.990, ENCUMBRAN(M4 I The premi6e0 herein dearribed are wirtin and aubjact to the statutory powars lzeluding the Power of aeaes"ent of the Valfied Svverage agency. (COAtinued? me true considvretion for this coweyatea is s 01.00 and other valuable. conoiderazioa Dated May 1, 2001 j if a carporace grantor, it ham caused its came to be signed by order of its board of diroctora, GC, AN r" LIMITED LIABILITY ]a HA,R SP 5._ CHRRR STA:h OT OREGON, County of )ae. Thip instrument was arknovledged before tae on by This S ru,neelC wee a ow ad fq a me on t by lery runlic fvr Oregon My Casmieolon !>pirmrt OFFtYL SEA), DEab1! A Wlafta s ng ' YOtA y a~ aQS,es lA~co4retiiw►~a~1ri -4 C1WBEPi,etlO~ Sent By: HP LaserJet 3100; 503 657 4646; Mar-8-02 1:39PM; Page 3/5 1•IV.r1H1 ~ MAR. 8,2002 12:OOPM SUN AE CUST SERV Order llo : ?m uft .PANCSL 1 f ~?r fora i throut~l► u, imelusiw and Sots If, 17, 21 and 22. T 09TAgu w% TS sn tiiSsdi"vi~id~ interest in Tract 4A1, VDr tU EM M, fo the City of Tigard. C'O mty of V aniniltGO snd state o0 aregon. Lots 19, 19 and 70, TOGMEM WITH an undivided interest in Twat •A• aid Tiyk IV;' £ v®1lM gMTS2, in the Cscy of Tigard, Cmmty of Washington and saaca dC oregu . 'PARM Till LOt 9, SARA GROW. in Cris CounCy of Masb► ngtod and State of oro%M a Sent By: HP LaserJet 3100; 503 657 4646; Mar-8-02 1:39PM; Page 4/5 MAR. 8.2-00 12*01PM SUN DE GUST SERV `IU. kd41 r . w Affilk • ~ecusareacws, aaatianad ~ . • ~ . A~latione, including ieviaa, liana, ■sseaemente. rLdhts of ray, end 'eeseinmte of Tualatin valley Water.ASetrict. Terms ar+d provieiono. including obligations for maintenanec of easement as s' dstabltihed by "an taw and by instraseno, Recorded: J'►nuary S. 1964 Book. f03 •K I Page: (Affects bus 1) s ' i',}(r An easement created by inaerlmmt, i,oeluding terms and prvvisione thereolr accorded: JViy se, 1965 Book : 562 a Paso: 21a In Favor Of: Wetx9cr Sanitary oletriet For: Yewrer Atf■cte: A i'S foot strip near the west line of Lot S Easements as dedicated or delineated on the recorded plat. dcai For: Public ytatity, sanitary and stern. nege Affects: Tract •1111 5asawenta as dedicated or delineated on the teeorde6 plat. For: rrivate street access ' Affects; Tract •b• Basemence as dedicated or delineated on'the recorded plat. •`~:,~.;4~, r'er: hcbl ie pedestrian secede ^ AEfeCta: The Bast la test of Tract •A• Additional easements ae dedicated or delineated on the recorded plat. Covenants, conaitiona and restrictions an shown on the recorded plat. Non-Aceeas reservatior► as shown an the secozd■d plat, Affacce: ER Ventura oriva (Iota 5, 6, 7 and 0) Neu-AcCeae raeervat m as sham on the recorded plat, AffecCB: SH McKenna Place (Tate 17 and 21) Covenants, conditions, r66Ciictians and aamements, but omitting restrictions, it any, bae■d aim race, color, religion, aoz, l+andleap, familial status or national origin, unless and only co the errant that Said covenant, (a) is exempt under Chapter 42, Section 3607 of the United f=etes Lode or 04 relatea to handicap but dons not discriminate against handicapped persona, imased by instrument, including the terms and provisians thereof. Recorded; NOvomaer 30, 2000 Recorder's Pee mo.i 2000096291 Said covenants, conditioan ant restrSCtiona Cantaiu among other things provisiuns for levies and asaessmancs. 2= MUM= Xzd1Tzzolo AFPXM "men rti Taxes for the tfaCal'year 2080-2001, partial payment Sae been made$ OrOinal amcunt? $536.65 unpaid halance, 5172,22, plus intora■r Levy Code: 051-so Account No_! R2082426 14ap Vo.: 131191 Tax lot No.: 00800 11%e promises herein described are within and auW ect to the statutory powers including the power of aesesesant of the Unified ftwerags Agency. Regulationa, including levies, Items, aseeeemente, ridhte of way, and easements of Tualatin valley water District. Am, easement created by inatsvment, ineludiaag terms end provisions ehetwf_ hated: June 9. 1972 Aecozdmd: June 30, 1072 Book: 879 Page: 349 In pavor 09, Portland paneral gleccrie Company Por+ flecuric power lines and rights incidental thereto Restrictive Clovanlanti regarding etzeet iaproVemenlte, including the terms and rovision8 thereof and including among other chinga a waiver of right Of rwmonstraoace; Recorded: July 6, 1➢98 ReCOrdal's Pee NO.; 98072226 Restrictive covenants regarding aidewalka implavemente, including she terms and proviaiene thereof and including among other things a waiver of right of remonaeranc■r Recorded: s„ly 4, xyse Recorder's Pee No.: 92072127 Restrictive Covenants regarding public roads improvements, includmP3 the terma and provisions thereof and including among other things o waiver of right of remmotrenco: Recorded- July 6, 1298 Recorder's Fan No:: 98072aae Sent By: HP LaserJet 3100; 503 657 4646; Mar-8-02 1:39PM; Page 5/5 r • 11U. W" CL MAR. B_2p02 12:01PP1 SIDE CUST SF-RV Y~caabraossa, vertians4 ' . • :~:;ail Agreement cc Naive Rights to Notice, Nearing, and Remonstranes wrhingtca ootnty Ser icc District for Lightisy Mo, SDL-1, lnClUCing the tOM and provisions thereof: TSe. Recorded: July la, 1990 ; . • r RecOtdeY's fee We.: 24074526 Continuing request for street liglnsng seivice, 4aer3a►gton Mw my Service District, for Lighting tic. aUL-l, Including One tenor and provisions thereof; Recorded; July 33, 1900 Recorder's he No,, 90075529 ` sasemence as dedicated or delineated on ohs retarded olat. For: Public utility ;i•J~ a►fC~cte: 8 Feet on the frontage of all Iota ahvtcing p1,►bllc etres6s or Tract a stasdvenCo as Dedicated or delineated on the reowded plat" mss Par: punlic utility, savicary sever, storm and water drainage and ir+greea and Corers Affects. Tract A sassmenes as dedicated or delineated on thw recorded plat. ppr: Reciprocal acdNs Ofects! The Smtheasterly portion of Lm 8 and chi 1•.1..34 scutbw2hairly p8rtions CE We 9 add the Neeterly portion at %at 10 ,J. Tereu and pravisione, including abliwationp ter maialtemmed of eeaawkit is eetobli be4 by Oregon law. Peemitnta as dedicated or delineated on the recorded plat. Pori Sanitary saver Afleetri westerly portion of tat 3, Easterly portion of %,OL s Lad the Casitarly porc3.ons of Loth 1, s and 3. gaeemencs as dedsrated-or delineated an the•reeotded plat. 1j rorr Reciprocal aeceof AtSoms r South 10 toot of ioc a and )Mrtb 10 lest of Lot 3 Term and previsions, ir+cioding obligations for eaintenaace at easement an established by Oregon Law, 8a amente as dsdirArad or delineated on the recorded plat- Par; Sanitary iawer and 9COM Drainage a~teetp+ %he em terly 3.0 feet of rAt ! and the aeeterly 10 teat " o! rat 9 Gsements am dedicated or delineated on tba reuosded plat. Mr: sawtary mews; and story drainage ;t lltfscts: The sourh to fast of 14t 2 and the Horeb 10 feet of T.ot 3 Coveeance, condition and s+estrLotiono to shown on the recorded pleat. The Maintenahee and ornerablp agreealtat for Tract •A", including the terms and pravisioaa Cheroot. batode November 30, 199a Reaordedr Dscenmer 11, 1990 Recorders Pee No.. 95140426 AlSeceY+ Loco 2, 3, a, 3 and Tract W