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HOP1987-00017 , . • CITY OF TIGARD • NOTICE OF DECISION HOP 87 -17 MARK & CATHY MOBRAY APPLICATION: Request by Mark and Cathy Mobray for approval of a Home Occupation permit to allow a jet ski rental business (dba Superior Jet Ski Rentals) to be conducted from a residence on property zoned R -4.5 (Single Family Residential, 4.5 units per acre). Location: 11725 SW 113th Place (WCTM 1S1 34DC lot 4400). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain conditions. The findings and conclusions on which the Director's designee based his decision are as noted below. A. FINDING OF FACT 1. Background No previous applications have been reviewed by the Planning Division for this property. 2. Vicinity Information The subject property is bounded on all sides by R -4.5 zoning. Development in the immediate vicinity is exclusively single family residences. 3. Site Information and Proposal Description This property contains a 2590 square foot house on a 118' x 70' lot. The proposed home occupation will involve a jet ski rental business to be operated from June 1st through September 30th. The applicants have stated that the business will be conducted from their garage where the jet skis will be stored. Rental contacts and inquiries will occur via telephone and delivery of jet skis will be made to the location requested. 4. Agency and NPO Comments NPO #7 will be notified of the Director's decision and will be given the right to appeal. B. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 18.142 of Tigard's Community Development Code (CDC). This allows for up to 25% of a residence to be used for a home occupation. In this case the 440 square feet garage utilized for the home occupation is less than the maximum amount allowed. A site inspection was conducted of the premises and it was observed that two tires and several boards were in a pile in front of the residence but located in the street. A follow -up inspection was made the next day and the boards and tires were in the same location. The applicant stated that these were devised by neighborhood children to use as a bike jump. The applicant was informed that the device would have to be removed since it blocked a public right -of -way, was an attractive nuisance and created a liability risk for both the property owner and the City. NOTICE OF DECISION — HOP 87 -17 — PAGE 1 ., C. DECISION • • Home Occupation Permit HOP 87 -17 is approved subject to the following conditions: 1. There shall be NO paid employees working in the home in conjunction with the business who are not residents of the home. 2. There shall be no signs or advertising visible from the exterior of the premises. 3. There shall be NO customers or clients coming to the residence in conjunction with the business. 4. The Home Occupation Permit shall be renewed annually. 5. A Business Tax shall be paid annually for the business. 6. There shall be no noise emitted from the home connected with the business which is audible to abutting residences. 7. There shall be no outdoor storage of materials, vehicles, or products on the premises. Indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health, and Housing Codes. 8. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON June 26, 1986 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. June 26, 1987 . 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223, 639 -4171. °4-6/Y1 . PREPARED B : Tom ix , Assistant Planner 06/ri Keith S. Liden, Senior Planner DATE APPROVED (TD :cn /3310P) M^TTnr AC ►1Cnvc..rn I Linn 07__17 nenC 7 • P 7_ / �' AFFIDAVIT OF MAILING al047, STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Th oCtric, \�. , being first duly sworn, on oath depose and say: (Please Print) That I am a Az_rC for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING for: That I served NOTICE OF DECISION for: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked 1 Exhibit "A ") was mailed to each named persons at the address shown on the attached list marked exhibit "B" on the 1 day of )1A,Ke. 198 7 . said notice NOTICE OF DECICION as hereto attache , was posted on an appropriate bulletin board on the i day of , 1967 ; and deposited in the United States Mail on the /7 day of V €- , 1987, postage prepaid. OR • . (-- Signature _ 'erson who posted on Bulletin Board (For recision Only) P rson o delive ed to POST 0 ICE Subscribed and sworn to before me on the /9-1.4 day of iiip , 1987 . t MARCHA K. HUNT NOTARY PUBLIC — OREGON My Commission Expires NOT • ' Y PUBLIC OF 0' GON My Commission Expires: 0257P/0021P HOP 87 -17 Mark 6, Cathy Mobray DENNIS_ HEUGHTON STEVE & MARLA ANDERSON 11725 SW 113th Place •LISA MULLER 11730 SW 113TH PLACE Tigard, Or 97223 11765 S.W. 113th PL. TIGARD, OR 97223 TIGARD, OR 97223 BOB BLEDSOE TERESA IVEY ' RICK V MAY 11800 SW WALNUT 11745 S.W. 113th PL. ' 11750 SW 113TH PLACE TIGARD, OR 97223 TIGARD, OR 97223 TIGARD, OR 97223 JOHN & ADELA GODOWSKI BRIAN J. & DONNA A. MOORE BARBARA HENSLEY ! 11770 SW 113TH 11775 S.W. 114th PL. FORREST & HELEN HENSLEY TIGARD, OR 97223 TIGARD, OR 97223 11695 S.W. 113th PL. TIGATD, OR 97223 LYNN HILBERT MICHAEL & LAURA SHEEHAN MICHAEL & CAROL HARDIE CHERYL ANN HILBERT 11675 S.W. 113th PL. , 11800 SW 113TH 11780 S.W. 114th PL. TIGARD, OR 97223 TIGARD, OR 97223 TIGARD, OR 97223 DELBERT C. & RUTH JOHNSON BRUCE & KAREN ELLIS J_ - Azz, 1740 1 114th PL. 11655 S.W. 113th PL. �J _ TIGARD, OR 97223 TIGARD, OR 97223 1 � MICHAEL F. & JODY BACCELLIERI Althea Ellis 11760 S.W. 114th PL. 3707 SW DOLPH CT TIGARD, OR 97223 PORTLAND, OR 97219 JON DEIGNAN E.C. & VIRGINIA JENSEN 11720 S.W. 114th PL. 11340 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 ROSE J. CANNON SARAH & LARRY JENSEN 11670 S.W. 114th PL. , 11685 SW 113TH PLACE TIGARD, OR 97223 1 TIGARD, OR 97223 TED A. & JANNENE CAMB ANTHONY & TERESA CIAPANNO 11650 S.W. 114TH PL. 11660 SW 113TH PLACE TIGARD, OR 97223 TIGARD, OR 97223 DOUGLAS & BEVERLY COGHILL MARK & JANELL LOVE 2809 S.W. ARROWHEAD CT. 11680 SW 113TH PLACE LAKE OSWEGO, OR 97034 TIGARD, OR 97223 MICHAEL J. BERCUTT LUCILLE REINHARDT 3703 S.W. KANAN DR. 11700 SW 113TH PLACE PORTLAND, OR 97221 TIGARD, OR 97223 RENTALS - PARTS - SERVICE City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Attn: Deborah A. Stuart Dear Deborah, We are located at 7400 SW Macadam Ave. in Portland. We no longer request a home license. Thank you. Sincerely, Cathy Mobray /6° 7400 S.W. MACADAM AVE. /PORTLAND, OREGON 97219 (503) 293 -7898 ,.a j•,,ri�7° I CITY OF TIGARD June 23, 1987 OREGON 25 Years of Service 1961 -1986 Mark and Cathy Mobray 11725 S.W. 113th Place Tigard, OR 97223 Re: Superior Jet Ski Rentals Dear Mr. and Mrs. Mobray: It has come to my attention that your jet ski rental business involves customers or clients coming to your residence to pick up jet skis. This is in violation of the conditions of your home occupation permit (HOP 87 -17) and Community Development Code Section 18.142.050(g) which states: "The use shall not involve direct sales or service from the property necessitating customer traffic to the residence." Please submit to me in writing a statement of the facts as you know them. If you intend to alter your business to bring it into compliance, please indicate how you intend to do so. It was also brought to my attention that you are running a day care operation (5 or more children) from your residence. Children's Day Care uses are permitted in residential zoning districts only with a Conditional Use Permit. Please also indicate in writing the number of children and how long they stay at your residence so that I can determine whether a Conditional Use Permit is required. Finally, the Children's Services Division of the State Department of Human Resources administers state regulations pertaining to child care. I am therefore forwarding this letter to Sue Griffith, Washington County Regional Inspector, (648- 8951). Failure to respond in writing within 10 days of receipt of this letter could cause you to be cited before the Tigard Hearings Officer. Sincerely yours, Deborah Stuart, Associate Planner DS:kr /1847W cc: Sue Griffith 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 • • • CRY OF 11640 V01111114310N OOUPRY. 0111000N HOME OCCUPATION APPLICATION CITY OF TIGARD, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. 4 P 7 - 7 7 RECEIPT NO. a:2- y6 7 APPLICATION ACCEPTED BY: DATE: S - /8 - S�- 1. GENERAL INFORMATION Application elements submitted: P PERTY ADDRESS /LOCATION � � � �� ✓ (A) Application form (1) Owner's signature /written TAX MAP AND TAX ° LOT NO. / S / -3 1' Z)G authorization ab ( / // (C) Title transfer instrument (1) SITE SIZE / (D) Assessor's map (1) PROPERTY OWNER /DEED HOLDER *� ` \�\\ ,G (E) Plot plan (2 copies) ADDRE S\ \C\ � \\ ' \ \ PHO (F) Applicant's statement CITY 6 ZIP (2 copies) APPLICANT* ��'� - q! c E (G) List of property owners and ADDRESS PHONE addresses within 250 feet (1) CITY ZIP ' \'Q (H) Filing fee ($75) BUSINESS NAME. • � � �@ \ �`C�\, 's \\ 1 *When the owner and he applicant are different people the applicant must be the purchaser of record or a leasee in possession with written authorization 1 DATE DETERMINED TO BE COMPLETE: from the owner or an agent of the owner with written ( S -/ - 8?` authorization. The owner(s) must sign this application in the space provided on page two or ( FINAL DECISION DEADLINE: submit a written authorization with this application. COMP. PLAN /ZONE DESIGNATION: nn 2. PROPOSAL SUMMARY ` /� - 4 1. 5 The owners of record of the subject property request approval of a home occupati t o } N.P.O. Number: allow (be specific) c Planning Director Approval Date: • Final Approval Date: Planning Engineering Business Tax: - - - -- ,•■.nn.... ~ • • 3. List any variance or other land use actions to be considered as part of this application 4. Applicants: To have a complete application you will need to submit attachments described below: A. One application form with signature or written authorization B. One copy of the title transfer instrument (eg. deed) C. One assessor's map of the property D. One copy each of the attached question sheet and floor plan E. One list of property owners within 250 feet of the property F. Filing fee of $75 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. 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. C. 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. D. 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. �`� day \ �' M DATED this da of l' AML SIGNATURES of each owner (eg. husband and wife) of the subject property. Revised 8/5/86 (KSL:pm /0738P) - • TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS AND SUBMIT TWO COPIES: 1. Will you have any paid employees who don't reside at the home? \--.\© i 2. Will you have customers /clients coming to your residence? If so how many per day? �® 3. Will you have deliveries or pickups made of products or supplies to your residence? If so, how many and what type? 4. What will your hours and days of operation be? %1M � � � � S O■F • . v CC 5. Will the business generate any noise which can be heard outside of the structure? 6. How many square feet is your residence and how many square feet will be devoted to the operation of your business, including storage areas ? c c20 \N Q 7. What vehicles will be associated with the business that are garaged at the residence ? ��� 8. Do you intend to store any materials, vehicles or products outdoors at the premises in conjunction with the business? ,^ 9. Will you have any signs or advertising visible from the exterior of the premises ?' 10. Please show the floor layout of your house and the area to be used for your home occupation on the attached graph paper. Please designate those areas which shall be utilized 1) entirely for the home occupation and 2) partially for the home occupation. Please designate the approximate dimensions of the room(s) to be used for the home occupation. (dmj /0738P) i, ' / c 0 ,.� IV' C� ■ l a , .■. _.........04- 1/Y i - Mr r . .411 N � , _ o I >' 7 ---, ' . ___,.___ %,1 , , ,k , , , ,, , 1 1 it l . / ,. ., . . __ 1 1 . i _ 1 ., .I 5 / 3 he e • v, Gy /0 0 fi r, � P 1. 2_4 / /f I/ 7 7 s S� !! 4(141; 1 2 3 2� ci S - v .J � -.i cK G Lc-,& 0 c- t J -2G3y _ 2/4,-4 _ / 7-'17 L/c d..,. -/l r /1 y I c v 01/7 ' ` l.e.� l \---:-/-7 - - /l ��a c.-- //y k, to/ €--/ 3 .5-w k.,,---.. Joy- `11 3 C -i 1 -7zz/ NOV / - 1 6 o S`^/ / �Z�ra /fie'" s K ` 3 .1 ' /°l 72 23 57 1 .-_.7 ov 00e-J I{ <rt s TV �/ 1I � �Sw l / y �� — //3 k4'1 q � � 3 J 1 7 y - s ?tea � - /moors �� ( —/ ./ -,✓ r c q :N<-c- Il s / _ /7 s /J S / `/A,a/ �Y J H sot �I G i/6 9 S s--- //3 — - - - 1 -7T L _w 5 4. �/ 771 i ` f6o � /I 3` / l c� 2 z ---� 2- a r v c, n.nie-/vc Cc., •^ 6 `f 77)v /9r , c� / /6"s=, s,-, // y 7 4, P/ ? -7 a- -'-3 ` i)2- a -3 • • A-/4- C/ /'s 6-4,0 I 8o a �G - 7 S ,✓ /0___ 1 � 5�a �f9oo c 4-- V � -)) SCE I 1 3 �...� 7' .� (1 sat, 5'w 5 7 7,1.3 223 2 Z� - //‘‘O/ s //f 5-/vv //‘ y-' Of/1N-P/ - -7°° S."' -- - / -� ✓ G . - �. - v S G' v --- - - - - - - - - - - - - - - - - - - - 5 vv O // 3' 7 / /1 // 7 x ' 24 pi • _ t�.�.- 4a+ -o� J - - - G7fF- tea / - -- • • CITY OF TIGA RD OREGON May 11, 1987 25 Years of Service 1 961 -1986 Ms. Kathy Mobray Superior Jet Ski Rentals 11725 SW 113th Place Tigard, OR 97223 RE: Jet ski rental business in an R -4.5 zone Dear Kathy: In response to our telephone conversation last week, I am sending you an application for a Home Occupation Permit, Section 18.142 of the Tigard Community Development Code which explains such uses and business tax forms. Please complete the forms and return them to me at the address given below along with your check for $125.00 ($75.00 for the HOP and $50.00 for the business tax) made payable to the City of Tigard. We cannot send your business tax certificate until your Home Occupation Permit has been approved. Should you have any questions, please feel free to call me. Sincerely, 1 Deborah Stuart Assistant Planner DAS:bs1447P 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 FOtIM Na. 70O •CONTRACT - 11.EAL ESTATE— Monthly ►oyman11. a;,.c ..,ill , •,•■ ,.,•_ !!!d ;: CONTRACT —REAL ESTATE -.. ',....4 ' , 40 i ...„, THIS CONTRACT, Made this da of , 11 day , 19.i) �, between r r ... f .1 � - ,- 1 '/ , ,. ,r _ - �� :/ +�! ' " hereinafter called the Zeller, and 11.x- %fi;,..C' ',.4.: -12...../.; -''_ '.i i :. . ‘.1..'f,'/..-r. , ,... -;.:- e e i nafter called the buyer, Ii WITNESSETH: That in consideration of the mutual covenants and agreements herein cortained, the seller ! i agrees to sell unto the buye , aid the puyer agrees to purchase from the seller all the following described lands 1 and premises situated in ::CI.?e,1 e :€.4 rE - .�: - County, State of ...> L'r n Gj'Lf -ZL ' to wit: u . f \ ' G enf - _' 1 / // l �. Vj�r - � .- =') -'' < ?.- %-� r.J , /i-'� 1 -; L.`- c� (,<,--A -e < r t' ) il l I C■:....., I A-e - i 1 a VLC ,c mac-- - • o . C C'tlil. - -(• '/ ( - 1.-C.' a „ - G6z. L -e-y t c . t., of 7 .. , c l 72 .k, —�1— -- E >�' "�� "4 .{ 1 ✓? L v i' - � (�- - tit..- •�2--- rn- :�-� -i i�C� etc(.. ��� �- t-�-vi c,- C� -•L-. (.� i J 1 ' G am ' for the sum of �'../.<C:t.<,l- - .t r ':PY 41ist t.r /l- d.. ES 4i.:Qetc4::ferLe� -x .Dollars ($.Ia.✓�..� .r' G ) .7 .. 1 (hereinafter called thed Y urchase price) on account of which ..\42:-.1-11.... - .. . 1. j0!1GC1 J Dollars ($.1,1,..().:0.11 ) is paid on the execution hereof (the receipt of which is hereb��cknowledged by the feller); the buyer agrees to pay the remainder of said purchase price (to -wit: $.,_'', -.q. ) to the order of ° ?tie seller in monthly ,p ayments of not less tl>,an . '/ Dollars ($..6:.2'5'`:" ) each, .�iit.^:7?. : ^," l 1 , and continuing pay.able_on the :..'2.:. & day of _each. month hereafter beginning_ with the month of .. .d..... ' s-fi. "� ,_19 ..:7.''1`. until said purchase . g p price is fully paid. All of said purchase price may be paid at any time // • al ferred balances 'of said' purchase price shall bear interest at the rate of .1:, .e per cent per annum from..,u•. -• until paid, interest to be paid.... ; , , and * 1 ' -ng included the minimum �'" being incluu ded in monthly payments above required. Taxes on said premises for the current tax year shall bar he t. The buyer warrants to and covenants with the seller 1 at th ree prope deitcribed i this i contract is *(A) primarily for buyer's personal, family, household or agricultural purposes. (13 a gni tr3_ r t - 'g - �� _- r " tiu atura� person is'fobu i slIIesa- ocommereie! petrposee -ot her • - then.- agricu /rvreF- purposes. The buyer shall be entitled to possession of said lands on . l9 , and may retain such possession so long as ha is not in default under the terms of this contract. The buyer a4rees. that at all times he will keep the premises and the buildings, now or hereafter erected thereon, in good condition and repair and will not suffer or permit any waste or strip thereof; that he will keep said premises free from construction' and all other liens and save the seller harmless therefrom and reimburse seller. for all costs and attorney's lees incurred by him in defending against any such liens; that he will pay all taxes hereafter levied against said property, as well as all water rents, public charges and municipal liens which hereafter lawfully may be imposed upon said premises, all promptly before the same or any' pert thereof become past due; : that at buyer's expense, he will insure and keep insured all buildings now or hereafter erected on said premises against loss qr damage by tire (with extended coverage) in an amount not less than $ in a company or companies satisfactory to the seller, with loss payable first to the seller and then to the buyer as their respective interests may appear and all policies of insurance to be delivered to the seller as soon as insured. Now it the buyer shall Lail to pay'any such liens, costs, water rents, tares, or charges or to procure and pay for such insurance, the seller may do so and any payment so made shall be added. to and become a part of the debt secured by this contract and shall bear interest at the rate aforesaid, without waiver, however, of any right': arising to the seller for buyer's breach of contract. I The seller agrees that at his expense and within . ..C� ...... from the date hereof, he will furnish unto buyer a title insurance policy in- suring (in an amount equal to said purchase price) marketable title in and to said premises•in the seller on or subsequent to the date of this agreement, save and except the usual printed exceptions and the building and other restrictions and easements now of record, if any. Seller 'also agrees that when said purchase price is fully paid and upon request and upon surrender of this agreement, he will deliver a good and sufficient deed conveying said premises in fee simple , unto the buyer, his heirs and assigns, Tree and clear of encumbrances as of the date hereof and tree' and clear of all encumbrances since said date placed, permitted or arising by, through or under seller, excepting, however, the said easements and restrictions. and the taxes, municipal liens, water rents and publ :c charges so assumed by the buyer and further excepting all liens and encumbrances created by the buyer or his assigns. • (Continued on reverse) •IMPORTANT NOTICE: Delete, by lining out, whichever phrase and whichever warranty (A) or (B) Is not applicable. If warranty (A) is applicable and if seller is a creditor, as such word is defined In the Truth -in- Lending Act and Regulation Z, the seller MUST comply with the Act and Regulation by making required disclosures; for this purpose, use St -Noss Form No. 1308 or similar. 1 the contract becomes a first Ilan to finance the purchase of a dwelling use Stevens -Ness Form No. 1307 or similar. :% ��m.... v ,..(i1 :- u, ct yr. ;. �c... s .i t-. U STATE OF OREGON, . /.... . 0 21 }ss. � r!.(1- �:r..ua.{�..... ..&'; q ' / _.0 County of SELLER'S N AND ADDRESS / I certif that the within instru- .. ,e �.0 n1/�LG...�` ,:: .. ... /Lc ~ • /`T L •. 1 ment was received for record on the .J .(�.a.... .. '/i-,ze 't,? .,, ,,- ,.. -.„> day of , 19 � ` /0( 7 , 6 - C � L ` - d - . . - . 1 . ( . . r > 1 , " � ✓ C ..-7co. . at o'clock M., and recorded BUYER'S NAME AND4D6 RESS SPACE RESERVED in book /reel /volume No on After recording return to: i FOR J r page or as fee /file /instru- Of l�I� ) , _ I "R 1C " 'c C� :ll_. ( r� RECORDER'S USE j �„• ment /microfilm /recep No '� `'',/ G` .. ' ``� " c:. �,• Record of Deeds of said county. ... . . ._+.....t�:,L..'.Z.A.c" :C C . -~„ 'l :. r 1 %..)..I U. ..Q Witness m NAME. ADDRESS ZIP my hand and seal of Until a change is requested all tax statements shall be ant to the following address. County affixed. ...ii. .!7 3-. J/ , 4K,.• .. ., (' NAME TITLE / % f �A ME. ADDAES Z IP By Deputy .1 Ali • 4 _____•:•_______,..„____.,_ ...._ And it is understood and agreed between said parties that time is of the essence of this contract, and in case the buyer shall fail to make the payments II ' above required, or any of them, punctually within 20 days of the time limited therefor, or fail to keep any agreement herein contained, then the seller at his option s hall have the following rights: (1) to declare this contract null and void, (2) to declare the whole unpaid principal balance of said purchase price with ' the interest thereon at once due and payable, (3) to withdraw said deed and other documents from escrow and /or (4) to foreclose this contract by suit in equity, and in any of such cases, all rights and • interest created or then existing in favor of the buyer as against the seller hereunder shall utterly cease and de- termine and the right to the possession of the premises above described and all other rights acquired by the buyer hereunder shall revert to and revest in said seller without any act of re- entry, or any other act of said seller to be performed and without any right of the buyer of return, reclamation or compensation for moneys paid on account of the purchase of said property as absolutely, fully and perfectly as if this contract and such payments had never been made; and in i case of such default all payments theretofore made on this contract are to be retained by and belong to said seller as the agreed and reasonable rent of said premises up to the time of such default. And the said seller, in case of such default, shall have the right immediately, or at any time thereafter, to enter upon the land aforesaid, without any process of Mw, and take immediate possession thereof, together with all the improvements and appurtenances thereon or thereto belonging. The buyer further agrees that failure by the seller at any time to require performance by the buyer of any provision hereof shall in no way affect his right hereunder to enforce the same, nor shall any waiver by said seller of any breach of any provision hereof be held to be a waiver of any succeeding breach of any such provision, or as a waiver of the provision itself. .� J i (� —rt,� ,e / `,Y� � � ct-� .mac.- :c,t✓ry t.� I j i r _ I / i \ The true and actual consideration oe paid for this transfer, stated in terms of dollars, is $. ' I ..., s ' . � C QHowever, the actual consideration consists i of or includes other property or value given or promised which is Pert of the he whole art (indicate w )• consideration t t In case suit or action is instituted to foreclose this contract or to enforce any provision hereof, the losing party in said suit or action agrees to pay such sum as the trial court may adjudge reasonable as attorney's lees to be allowed the prevailing party in said suit or action and if an appeal is taken from any judgment or decree of such trial court, the losing party further promises to pay such sum as the appellate court shall adjudge reasonable as the prevailing party s attorney's fees on such appeal. - - - -- - In construing this contract, it is understood that the seller or the buyer may be more than one person or a corporation; that it the context so requires, the singular pronoun shall be taken to mean and include the plural, the mascu line, the feminine and the • neuter, and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to i .ividuals. This agreement shall bind and inure to the benefit of, as the circumstances may require, not o ly the i ediate parties hereto but their respective heirs, executors, administrators, personal representatives, successors in interest and assigns as well. . IN WITNESS WHEREOF, saidr.parties have executed this i /r me t i triplicate; if ei • -r of Ile under- signed is a corporation, it has caused its corporate name to be sig e. : : s c porate s affixed here •y its of- ficers duly authorized thereunto by order of its board of directors / THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY - i ' PARTICULAR USE MAY BE MADE OF THE PROPERTY et-"Y12 _ DESCRIBED IN THIS INSTRUMENT. A BUYER SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY 12: /- !_ ---i PLANNING, DEPARTMENT TO VERIFY APPROVED USES. 2i / \ • NOTE — The sentence between the symbols ), if not applicable, should be deleted. Ses ORS - 93.030). STATE OF OREGON, ) STATE OF OREGON, County of ) ss. Co of ' (..oY u l I •f' 1 tl kL, 3 , 19 I Personally appeared and s who, being duly sworn, Pe Wally a e d the above amed�i.�/. • each for himself and not one for the other, did say that the former is the �L /te... -- I I - - L 'a_� -- president and that the latter is the c secretary of ACol acicrrowle ed the foregoing instru- - . •meat to be! -= voluntary act and deed. a corporation, i - and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in be- B r••: half of said corporation by authority of its board of directors; and each of t 2 - them acknowledged said instrument to be its voluntary act and deed. (OFFICI t. t'!F;��;��� Before me: SEAL) . ' - (SEAL) :NoYa7y Ptiblfc for Oregon q Notary Public for Oregon My commission expires 7 /! � � / My commission expires: ORS 98.636 (1) All instruments contracting to convey fee title to any real property, at a time more than 12 months from the date that the instrument is executed and the parties are bound, shall be acknowledged, in the manner provided for acknowledgment of deeds, by the conveyor of the title to be con- veyed. Such instruments, or a memorandum thereof, shell be recorded by the conveyor not later than 15 days after the instrument is executed and the par- ties are bound thereby. ^ ORS 93.990(3) Violation of ORS 93.635 is punishable, upon conviction, by a fine of not more than $100. (DESCRIPTION CONTINUED) I I li fi I 1 ' I I 1 i 4 I i I1 ; 1 ii t ■ ;► . il t►