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ARU2010-00001 0 A! AFFIDAVIT OF MAILING I,Patricia L. Lunsford, being first dulysworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: I�Apvmp�teaox(s)eemaf D NOTICE OF DECISION FOR ARU2010-00001/GARNER ACCESSORY RESIDENTIAL UNIT (File No./Name Reference) El AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",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 July 19,2010 and deposited in the United States Mail on 1&19,2010,postage prepaid. (Person that Pr Not STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of �p�s� )2010. OFFICIAL SEAL Am SMRLEY L TREAT NOTARY PUBLIC-OREtiON COMMISSION PRL 25,O. 772 MY COMMISSION EXPIRES APRIL 25,2011 J"6 '�'J,-"4 NOTARY PUILIC OF OR�GON My Commission Expires: ,slll EXHIBIT NOTICE OF TYPE I DECISION n ACCESSORY RESIDENTIAL UNIT (ARU)2010-00001 GARNER ACCESSORY RESIDENTIAL UNIT 120 DAYS = 11/05/2010 SECTION I. APPLICATION SUMMARY FILE NAME: GARNER ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2010-00001 PROPOSAL: The applicant is proposing to convert an existing basement and crawl space into a 750 square foot,built-in accessory residential unit (ARL . APPLICANT: Garth Garner 12365 SW Thornwood Drive Tigard, OR 97224 OWNER: Same. LOCATION: 12365 SW Thornwood Drive;WCTM 2S110BC,Tax Lot 04800. COMPREHENSIVE PLAN DESIGNATION: Medium-High Density Residential ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.710. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section N. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ARU2010-00001 GARNER ACCESSORY RESIDENTL\I,UNIT PAGE 1 OI`3 SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located on a cul-de-sac, easterly of the intersection of Aspen Ridge Drive and Thornwood Drive, within the Thornwood Subdivision. The site is surrounded by detached single- family development. Much of the area has steep slopes. The home was constructed in 2004. Proposal Description: The applicant is requesting approval for an Accessory Residential Unit for the owner's sister and son. The proposed unit is approximately 750 square feet in size, including two bedrooms, a kitchen, and a bathroom. The accessory dwelling unit would be located under an existing single-family residence, within the confines of an area that presently contains an unfinished basement and crawl space. A separate entrance would be located on the western wall. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: ACCESSORY RESIDENTIAL UNITS-APPROVAL STANDARDS: Section 18.710.020 contains the following standards for approval of an Accessory Residential Unit request: Section 18.710.020 - Approval Criteria states that an accessory residential unit is permitted providing there is compliance with all of the following standards: An accessory residential unit may be created within or as an addition to a detached single- family dwelling. For the purposes of this chapter, "addition" means the sharing of a common wall with the primary residence. A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the primary structure; According to the plans provided the accessory dwelling unit is incorporated into the existing footprint of the single-family residence. The unit is located on the basement level of the home. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a maximum of 800 square feet; The proposed accessory residential unit is approximately 750 square feet. The single-family residence is 3,976 square feet. This standard has been met because the addition does not exceed 50% of the size of the primary residence nor does it exceed 800 square feet. The number of residents permitted to inhabit the accessory residential unit is regulated by the Uniform Building Code; This standard will be reviewed by the Tigard Building Division, and in the event that the number of residents exceeds that which is allowed, the Housing Inspector will be notified, and the condition will be corrected. Either the primary or accessory residential unit must be owner-occupied; The applicant's narrative states that the owner will occupy the primary or accessory unit. Therefore, this standard is met. A primary residence in which an accessory residential unit has been created may have only one home occupation. A review of City records shows only one Home Occupancy Permit is on file at this time (HOP2005- 00043). This standard has been met. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This parking space shall be paved and/or covered; The primary residence is required to have one parking space. The accessory residential unit is also ARU2010-00001 GARNER ACCESSORY RESIDENTIAL,UNIT PAG F 2 OF 3 required to have one parking space. The applicant's plan shows a three car garage and three additional parkin spaces in the driveway. One of these off-street parking spaces will be for the accessory unit. Therefore, this standard is satisfied. The front door of the accessory residential unit shall not be located on the front facade of the primary unit unless the door already exists. The front facade and door of the primary dwelling faces South. The applicant stated that the exterior door of the accessory residential unit would be located along the western elevation on the side of the structure. This standard has been met. There shall be compliance with all development standards established in the base zone. According to the site plan, the residence meets all of the applicable setbacks of the R-7 zoning district. No changes are proposed to the site or exterior of the existing structure. FINDING: Based on the analysis above, Staff finds that the Accessory Residential Unit standards have been satisfied• SECTION V PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: An Accessory Residential Unit 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 JULY 19, 2010 AND BECOMES EFFECTIVE ON JULY 20, 2010. 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. July 19, 2010 P ARED John Floyd DATE Associate Planner ARU2010-00001 GARNER ACCESSORY RESIDENTIAL UNIT PAGE 3 OF 3 1456014550 VICINITY MAP ARU2010-00001 w 14580 12475 14615 14670 12175 C-f 14640 GARNER ACCESSORY 4 12235 RESIDENTIAL UNIT ^J 14680 BULL MOUNTAIN RD 12047 1249512485 124251239512365 12325 N 12031 12040 12455 FFALL LN WINtERU1EW GR 12064 12300 12048 Subject Site 12480 124401242012390 1235012330 12490 12059 12033 12474 - 12465 _ ISTRINGER�LN 12468 12385 _ �_ _..,__ __ 12042 12459 12325 12462 12305 070 12036 12018 12285122651 45 12200 12456 12390 THORNWOOD DK 12450 1244512370 12350 12444 123301231012290 - 1224 3 12000 Information on this map is for general location 12438 Q only and should be verified with the Development 12385 Services Division. 123451232512305 1225 scale 1:2,000-1 in=167 h 12432 1,2494 w~ Map printed at 02:46 PM on 19-Jul-10 12426 ASPEN RIDGE DR ASPEN RIDGE DRTIGARD DATA IS MRRA TY.REPLTIPLEATIONOSOURCES.THE CITY GUARANTEE STOT MAKES NO WARRANTY.REPRESENTATION OR COMPLETENESS OF AS TO THE CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE rA DATA PROVIDED HEREIN.THE CITY OF TK3ARD SHALL ASSUME NO 12410 `I ABILRV FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 12498 12380 12340 12300 1225 � 2096 12054 12012 Cltyofngard Feet - - 1gard,OR 97223d T 0 250 I,`• 503639-4171 a , www.tigardor.gov G DON • MORIS OBE : 2896 423o 0 GALZWOOD 8TRZZT 8UITZ 100 LOT: 19 LAts OSWIGO, ORSGON 07035 DATE: 6/22/04 (603) 367 - 7638 FAX (603) 387 — 7615 PROPERTY: THORNWOOD CITY: TIGARD SCALE: 1"=20' PLAN No.: 181 STANDARD ELEVATION k� i �m.mm G, 4ft oc ' 3 a _ •-� ------- -------- - 486 ~ v 0 IE71-01 LL ; 1b'X2PATI0 DaOO 25 p ii¢ eco. cd: m `o >.t— : �`! Z 1!2 8th \C�14 o o�� a CIL C I-O* m a . op � F.E. l SJR 48d a a -tum o '' ,r = ¢t?�acn -�a� 10'10' eroelon control fob dq, ft. lo- ago and hag 3 car ar. r 482 .4 I 8m I0' P.U.E. :a •;- ';.� '�. ,��:• `J d GI'dtQ" 41 2.5'LANDS rtv J." SCAPE O 414 GLU I o�; wTY OF TIGARD Approved...................................I X 1 0.3nditionally Approved.................... ( ; _....-.-For- ' PER IT N0. See etterto*: Follow----------------------- [ 1 t R, m Job Add.es _.. te ti VA Ilk3 � 4 1 + 6 { k2lI A PIN Ek 2S110BC04800 GARNER,GARTH J 12365 SW THORNWOOD DR EXH I B TIGARD,OR 97224 c� ACCESSORY RESIDENTIAL TYPE I APPLICATION City of Tigard, OR 9 gard Permit Center 13925 SW Hall Blvd., Ti Phone: 503.639.4171 Fax.•503.598.19 E{ ;��V ED ���+++ GENERAL INFORMATION JUN 3 0 2010 CITY OF TIGARD Property Address/Location: /Z 3 6 S S,G�� ;bo A w ood �IdEEIRIPECt Dr , 1 if O2 /may FOR STAFF USE ONLY Tax Map&Tax Lot#(s): Z• S f/08 c 6 Y soo p //�� Case No.(s): .4gu ao)0- OW-DI Site Size: Loi-- SZ _ 77• Z. 5444• //11 NJ = 3.`�Z��¢`� Other Case No.(s): Property Owner/Deed Holder(s)*: GXIN6,T -�� C l Receipt No.: '' L �3.7G 4/-k62 Y Application Acce ted By: 5 Address: � 2 3 �i S S to !r ho 14 bsot� �t.rcPhone: Date: U city: �; Q��� y VZ zip: Z-7 z 2 Y Applicant*: t�o_►'yv---, Address: Phone: Date Determined o B Complete: City: Zip: U�1 Comp Plan/Z ne Designation: *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization Rev.7/1/09 from the owner or an agent of the owner. The owner(s) must sign this is\curpin\masters\land use applications\accessory residential app.doc application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY RE 2UIRED SUBMITTAL ELEMENTS The owners of record of the subject property request an Accessory Structure which is (please be specific): ✓ Application Elements Submitted: [I Application Form feet in height with an area of 75-0 square feet. ❑ Owner's Signature/Written Authorization L) I�;�,h� ✓��5 _/� D em ! El Title Transfer Instrument or Deed T (prod e any additional inffoormatio here) ❑ Site/Plot Plan (3 copies) Se ❑ Site/Plot Plan(reduced 81/1"x 11) � ^ ❑ Applicant's Statement(3 copies) — �'� Q�Q,/� �'�c`S /! ❑ Filing Fee$134.00 0 Fed ,k4/,u, n , Gip -„� n vo / / QA VW­ 7i !4j r �i�.s 1 List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: A14 a 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 maybe attached to orimposed aeon the subject property. • If the application is granted,the applicant will exercise the tights,granted 4n 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. DATED this 30 day of 7(4,1 Z 120 f is Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 Receipt Number: 178520 - 06/30/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID ARU2010-00001 Accessory Res Unit 1003100-43116 $116.00 ARU2010-00001 Accessory Res Unit-LRP 1003100-43117 $18.00 Total: $134.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 01582Z STREAT 06/30/2010 $134.00 Payor: Garth Garner Total Payments: $134.00 Balance Due: $0.00 Page 1 of 1 f f i i 1 41 1�Ile C i t1 ► . $ G�RP5 � a � � 1 Y fi } z t � a-1C S, .s.W, , i v ..+. co 5 AltDON • MORISSETTE OBE : 2896 4230SGALSVOOD STREET SUITE 100 LOT: 19 LAYS OSWEGO, 0Raa0N 07035 DATE: 8/22/04 (503) 357 - 7535 FAX (503) 357 - 7515 PROPERTY: THORN WOOD CITY: TIGARD SCALE: 1"=20' PLAN No.: 181 STANDARD ELEVATION 481' 486 J 0 ------- --------- - 5 6'X25' D 6' 6 3'6 IPATIO y j' 25 04 N 2 1/2 a th \cil4 ' 454 7� 5 m' 0 erosion control 66 s ft. lo- ags an y D q• 3 car ar. .E. 452 316- 4 i . `•,:: i 450 crate' 41 ry y 2.5'LAND- O SGgPE ;¢ 16 _� ': . nom• � ;�.. O 414 QI 12365 8.U1. LOT O -2' AGER RUBRUM 5,0 019 q RED SUNSET MAPLE THORNW000 Off. =J02m a ' ft. Jul 0810 08:45a p.1 Alpine Building&Remodeling P.O.Box 474 Welches,OR 97067 Phone/FAX-503.668-8648 CELL-5D3-959-1413 E-mail davideduewiger@hotmail_com Pagel of 2 Fax: 503-718-2748 7/8/10 To: Attention-- SHERLE CAINES Reference: Accessory Residential Type I Application Garth Garner 12365 S.W. Thornwood, DR. Tigard, 4R 97224 503-764-8624 RECEIVED Here is the floor plan we discussed. I hope this is sufficient. JUL 0 8 2010 Thank you. CITY 4F TI( ARD Sincerely, P��A*")6/�NG1NEEAIIVG David E. Duewiger Alpine Building & Remodeling 503-969-1413 Garth Garner 12365 S.W. Thornwood Dr. Tigard, OR 97224 503-764-8624 Accessory Residential Type I Application 6/30/10 Chapter 18.710.020-Standards To whom it may concern, We want to build an apartment in our unfinished basement/crawl space part of our house. Recently we lost our Mother. My sister and her son was being taken care of by our mother in Lincoln City, Oregon. She has moved here with us. This will be permanent. Building this apartment will help our family immensely. This will also help a great deal financially and eventually settle things down for all of us. We have consulted with a contractor and have confidence there is ample space for a 750 sq ft apartment, with 2 bedrooms, a full kitchen, bathroom, living area, and laundry closet in our unfinished basement/crawl space. Proper plans/engineering will be drawn reflecting the required 1 hr fire barrior between common walls/ceilings/baring walls,and all other applicable codes pertaining to this project. In this plan there is room for a side entrance, so not to be on the front of the house. Our driveway is oversized. We have a private concrete parking spot for the apartment already. This is my primary residence. We live here. There is no home business here. I do believe we meet all the required standards to be eligible to apply for permits on this project. Please, if you have any questions feel free to call me to assist with this process. Sincerely, Garth Garner Washington County,Oregon 204.131728 11/16/2004 03:10:29 PM D•DBS Cnt=1 Stn=22 I REED 10 $30.00$8.00$11.00$355.00•Total a$402.00 4 "t C x THIS SPACE RES 00685068200401317280060065 1,Jerry Hanson,Director of Assessment and Taxation r and Ex-Officio County Clerk for Waahington County, Oregon,do hereby certify that the within Instrument of �• S ( writing was received and recorded In the book of r� }s'd / v records of said county. 7 Jerry R.Hanson,DIrectorblILAssossment and Taxatlon, After recording return to: Ex-0/ticlo County Clerk Garth J. Garner and Naomi J. Garner 12365 SW Thornwood Drive Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: Garth J. Garner and Naomi J. Garner 12365 SW Thornwood Drive Tigard, OR 97223 WASHINGTON COUNTY REAL PROPERTY TnANSFER TAX File No.: 7034-403801 (GJM) ;'. S 355. oa 11-1( -014 Date: October 15, 2004 yti.r ;, FEE PAID D",T,~ 0 J STATUTORY BARGAIN AND SALE DEED a E Y3 Don Morissette Homes, Inc., an Oregon Corporation, Grantor, conveys to Garth J. Garner and Oo' Naomi J. Garner, Grantee, the following described real property: 0 Lot 19, THORNWOOD, in the City of Tigard, County of Washington and State of Oregon. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN V z 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $354,747.00. (Here comply with requirements of ORS 93.030) Dated this day of ( tel , 20__(N Page 1 of 2 Illi{IIi iilill lil `I{{i{{I�!I 2004-131'28 APN: R2117961 Bargain and Sale Deed File No.: 7034-403801(G]M) -continued Date: 10/15/2004 Don Morissette Homes, Inc., an Oregon Corporation �B :� By: Don Morissette, President STATE OF Oregon ) )ss. County of Clackamas ) This instrument was acknowledged before me on t of UV , 20 by Don Morissette as President of Don Mori e H nc., on behalf of the Corporation. Gloria Miller Notary Public for Oregon My commission expires: April 16, 2006 OFFICIAL SEAL GLORIA MILLER NOTARY PUBLIC-OREGON COMMISSION NO.355038 MY COMMISSION D(PIRES APR. 16,2006 Page 2 of 2 LIMITED WARRANTY AGREEMENT ADDENDUM This Agreement made this day of ,7oo by and between Don Morissette Homes, Inc. (hereafter called Seller) and �A r, —S, -.4- �,1 �,,.,,,; ;j ,p./Lg h,e (hereafter called Purchaser). Seller has sold to Purchaser, a home situated on Homesite /9 , � ��"nG✓c�c� 4D and commonly known as /236S;- f�L W `I�,re joeio Cir (hereafter referred to as the "Property"). This Limited Warranty Agreement (hereafter called "Warranty") is made part of the Sales Agreement and Earnest Money Receipt (Sales Agreement). 1. What is covered by the Warranty? Subject to the terms and conditions of the Sales Agreement, this Addendum and the other addendums, the Seller warrants that all construction related to the Property substantially conforms to the plans, specifications and work authorizations for this Property. The Seller agrees to repair warrantable items listed by Purchaser on their New Home Orientation Walk-Through list ("Walk-Through List") in accordance with the standards set forth below. If Purchaser and Seller cannot agree upon the Walk- Through List, the Purchaser's only recourse is to cancel according to the terms of Section 13 of the Sale Agreement. All agreed upon repairs should be completed within two to four(24)weeks of closing, depending on workload; however, some items may take longer in accordance with subcontractors, Seller's or Purchaser's schedule. The repair or replacement of warrantable items will be completed according to the following standards of construction; (a)walls will be repaired that are more than 1/14" out-of-plumb or out-of-square for any 30" vertical measurement or more than 3/8" out-of-line within any 30" horizontal or vertical measurement taken at least 16" from any sheetrock corner or opening; (b) Seller will repair gaps that exceed 3/8" between exterior materials and 1/8" between interior trim and adjacent surfaces; (c) Seller will repair gaps in siding that exceed 3/8"; (d) exterior doors will not warp in excess of 1/4" measured diagonally from corner to corner; (e) Seller will seal seams in sheet vinyl flooring that exceed 1/16" or gaps between sheet vinyl and other materials that exceed 1/8", however, you can expect to see seams in vinyl and carpet; (f) Seller will repair any cracks that exceed 1/8" in concrete foundations and 1/4" in interior concrete slabs (g)when making repairs, Seller will make a reasonable effort to match colors in materials such as grout and paint. The Purchaser agrees to accept a reasonable match in any repair and replacement. Within one (1) year from the date of closing or occupancy by the Purchaser, whichever comes first, the Seller will repair or replace, at Seller's option, any latent defects in workmanship listed by Purchaser's on their 90-day and 11-month lists; provided, however, that this Limited Warranty does not apply to any non-warranted or disclaimed items as described in the Sales Agreement, the List of Non-Warrantable Conditions, or other addendums. A latent defect is defined as one, which was not apparent or ascertainable at the time of the New Home Orientation Walk-Through. Seller's construction of the home will be in accordance with the requirements of the 2000 International Residential Code for One- and Two-Family Dwellings with Oregon amendments ("Code") only. Seller will have met these requirements upon receiving a clear final inspection for the home from the appropriate jurisdiction. Seller shall not be required to make any repairs to the home identified by a home inspection. 2. Warranty Transferable: All of your rights and obligations hereunder shall fully transfer to each successor in title to the home (Property), including any mortgagee in possession, for the remainder of the Warranty Term and any such transfer shall in no way affect or reduce the coverage under this Warranty for its unexpired term. There is no limit to the 6 mber f such transfers during the Warranty Term, nor any cost hereunder as a result o 1 l Initial Imtia]' /1 (r�° C� ���� ; Page 1 of 4 �1\ � 1���I���ill`� III�1�;�t�l Revised 06/01/04 \ �-©� 2004-1:31728 such succession. If you sell the home (Property) during the Warranty Term, you agree to five this Warranty and Non-Warrantable Conditions Addendum to your buyer to inform your buyer of warranty rights and to make it possible for the buyer to fulfill the obligations under the term of this Warranty. If you are a successor owner of the home (Property) (that is, an owner other than the original purchaser), your home (Property) will benefit from the coverage provided by this Limited Warranty. Likewise, you are also bound by all the terms and conditions of the Warranty including but not limited to claims procedures and participation in binding arbitration. 3. Claims Procedures: If a defect appears that the Purchaser believes is covered by the Warranty, Purchaser must give Seller written notice of the defect when submitting their 90-day and 11-month lists. Purchaser must send their 90-day and 11-month lists directly to the Don Morissette Homes main office located at 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035, Attention Warranty Department. Any list(s) delivered to a model home or given to any Sales Associate will not be accepted. Purchaser must indicate on the list(s), a phone number.vhere Purchaser may be reached during business hours to schedule an appointment. Only emergency situations, those that would cause extreme damage, will be taken by phone or at times other than when Purchaser's 90-day or 11-month lists are being submitted. It is Purchaser's responsibility to minimize damage caused by incidents such as leaking pipes and plumbing. Seller will not replace carpeting, flooring, walls, framing, cabinets, or any other element or portion of the Property caused by incidental, consequential or collateral damage from warranted items. Upon receipt of Purchaser's 90-day or 11-month list, if the defective item is covered by the Warranty, Seller will repair or replace the item, at Seller's sole discretion, at no charge to Purchaser. The work will be done by Seller or subcontractors chosen by the Seller. 3. What is not covered? This Warranty does not cover the following: A. Damage resulting from fires, floods, storms, other naturally occurring events, electrical malfunctions, accidents, or acts of God; B. Damage from alterations, misuse, or abuse of the covered items by any person; C. Damages resulting from the Purchaser's failure to observe any operating instructions and homeowner maintenance duties; D. Damages resulting from a malfunction of equipment or lines of the telephone, gas, power or water companies; E. Any item furnished or installed by Purchaser; F. Any appliance, piece of equipment, or other item that is a consumer product for the purpose of the Magnuson-Moss Warranty Act, 15 United States Code Section 2301 et seq., installed or included with the Property; G. Any items limited or disclaimed in the List of Non-warrantable Conditions attached to and made part of this Warranty Agreement, H. Any items limited or disclaimed in other addendums or the Sales Agreement. I. Any moisture, mold, fungus, wet rot and dry rot and any damages or injuries caused thereby (including but not limited to personal injuries, real or personal property injuries or damages, economic losses, attorney fees, or any incidental, consequential or collateral damages) whether the source of the moisture or moisture related damage comes from defective or deficient windows, roofs, concrete, caulking, siding, flashing, grading, or from any other cause without limitation. J. The only warranties on manufactured items are those that the manufacturer provides to the Purchaser: 4 rr.�16i� ttn /_ Initial 6—Initial C l f' & 0111 I I�l ! i I 1 Page 2 of 4 ?kY T_ 2004-1 1131Revised 06/01/04 /�, ( 0 [1 200G-131726 I Purchaser will be provided with available warranty materials for manufactured items that have been installed in the Property at the New Home Orientation Walk-Through. Seller assigns and passes through to Purchaser, to the extent they are assignable, the manufacturers' warranties on all appliances, equipment, materials and other consumer products in the Property. Purchaser should follow the procedures in these warranties or contact the manufacturer or subcontractor directly if defects appear in any of these items. Seller makes no representations regarding the manufacturers' warranties nor does Seller make any representations on warranties concerning Seller's compliance with manufacturer's specifications including product handling, preparation and installation. Seller shall have no liability whatsoever for manufacturer's warranties, it being understood that the manufacturer alone provides Purchaser's only recourse and remedy, if any. Subject to the terms and conditions of the Sales Agreement, this Addendum and the other addendums, Seller's construction of the home is in accordance with the requirements of the Code only and such construction may not be sufficient to accommodate Upgrades (including but not limited to marble and granite). Seller shall not be liable for any damage associated with Upgrades, including but not limited to damage caused by construction that was in accordance with the Code but insufficient to accommodate Upgrades. Purchaser agrees to report any defect(s) to the home to Seller. Purchaser further agrees that Seller shall have the right to cure any defect(s). Purchaser also agrees that Seller may, at Seller's discretion, make multiple efforts to repair any defect(s). Seller shall not be responsible for payment to or reimbursement for contractors hired by Purchaser to repair any such defect(s). Such provisions shall apply to the maximum extent allowed by law. The Purchaser accepts this assignment of manufacturer's warr noes and acknowledges that the Seller has no further responsibility relating to such items. (Purchaser's initials). 4. Remedies and Limitations 'A A. Purchaser understands t at the sole remedies under the Warranty are repair and replacement as set forth here. ' (Purchaser's initials). B. Full Waiver of Imp ied Warra ties and all incidental, Consequential and Collateral Damage: with respect to any claim whatsoever asserted by Purchaser against the Seller, the Purchaser understands that the Purchaser will have no right to recover or request damages for and the Seller shall not be liable for: • Implied warranties of any kind (including but not limited to any warranties of workmanlike performance, habitability, fitness for a particular purpose and merchantability), and any incidental, consequential, collateral, secondary or punitive damages • Damages for aggravation, mental anguish, emotional distress, or pain and suffering • Attorney fees or costs C. No work performed by Seller which exceeds the scope or duration of the Warranty, shall be deemed an extension of the Warranty, waiver of Seller's rights, obligations and limitations under Warranty or in anyway affect the validity of the Warranty. D. These limitations shall be enforceable to the extent maximum permitted by law. E. THIS WARRANTY IS TRANSFERABLE. A NOTARIZED COPY OF THIS WARRANTY SHALL BE SIGNED BY PURCHASER AT CLOSING AND RECORDED AS PART OF THE DEED CONVEYING THE PROPERTY TO PURCHASER F. If any term or provision of this Warranty is invalid or unenforceable, the remainder of this ,Warr#nty shall be valid and be enforceable to the fullest extent permitted by law. Initial G1616A -Initial -�--�i�- Pa e 3 of 4 Revised 06/01/04 �1 jk� (v (J lTl 2004-131728 �\ The Limited One-Year Warranty is Purchaser's sole and exclusive remedy against Seller for(without limitation) any and all claims, demands, costs, expenses, liabilities, damages and construction defects or deficiencies, whether patent or latent, for personal injuries, property damages, economic losses, mold or fungus conditions or resultant damages, or any other injury, including, but not limited to, those arising from breach of contract (land sale or otherwise), breach of express or implied warranties, strict liability, products liability, negligence, misrepresentation and any and all other legal theories. Accordingly, Seller shall have no liability whatsoever to Purchaser unless a Warranty claim has been asserted within the Limited One-Year Period. THIS LIMITED WARRANTY SHORTENS THE OTHERWISE APPLICABLE STATUTES OF LIMITATION AND REPOSE AND LIMITS ALL SUCH STATUTES AND CLAIMS TO THE PERIOD OF THE LIMITED WARRANTY HEREIN. The items in this Warranty shall survive closing. Purchaser acknowledges having received,understood and agreed to the Limited Warranty Agreement.We understand and agree that the terms and conditions of the Sales Agreement and all addendums are made part of the Limited Warranty Agreement are conditions for which we have not contracted and will not hold Seller liable. 2oby P chaser Dat AA Purchaser Date f 6 Seller Date D oris tte Realty, Inc, Realtor Date r4s��4 �. P'A"I'VI It Z L°a 4 Purch /der / Date Purchaser OFFICIAL SEA ate m.i,WOOD NOTARY PUBLICOREGON STATE OF OREGON COMMISSIONS APR. ,2 MY COMMISSION EXPIRES APR.8,2008 I , ) ss County of On this day of. ���OL�1""� , 200`1,before mem L�1�//8 _? J , who being duly sworn, did say that said instrument was signed on behalf of the Purchaser and said instrument to be their voluntary act and deed. f, Notary Public for Orego My Commission Expires: G �� Initial Initial ! Page 4 of 4 Il I I I i�I l l li ii Revised 06/01/04\D 2004-131728 Washington County,Oregon 2U�9-U876�9 09/30/2009 11:12:48 AM V S D-DBS Cnt=1 Stn=7 K GRUNEWALD $5.00$5.00$11.00$15.00-Total=$36.00 LwwrsTitle, INSURANCE CORPORATION l/ 01413204200900876090010013 l I.Richard Hobernicht.Director of Assessment and •I Return to: Taxation and Ex-Officio County Clerk for Washington' °� Garth J.Garner County,Oregon,do hereby certify that the within r' ^ 12365 SW Thomwood Drive nstrument of writing was received and recorded in the 3I• caNNy Portland,OR 97224 book of records of said cou p) Richard Hobernicht,Director of Assessment and �:"a' • Until a change is requested,all tax statements shall be sent Taxation,Ex-Officio County Clerk to the following address: Garth 3.Gamer 12365 SW Thomwood Drive Portland,OR 97224 STATUTORY BARGAIN AND SALE DEED Naomi J. Garner, Grantor, conveys to Garth J. Garner, Grantee, the following described real property: Lot 19,THORNWOOD, in the City of Tigard, County of Washington and State of Oregon. S Tax Account No. R2117961 10 The true consideration for this conveyance is in fulfillment of the terms and provisions of O Decree of Dissolution for Case No.C081728DRD,Circuit Court of Washington County. 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. THIS 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 IS 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 F.. AND 195.305 TO 195.336 AND SECTIONS 5 TO 11 CHAPTER 424,OREGON LAWS 2007. th I009 Dated I C, day of��, 2009 h/''h2, �- Naomi J. Garner F STATE OF OREGON // County of 4'I ;, !t -I An"(_" �2 This instrument was acknowledged before me this day of August, 2009 by Naomi J. Garner. Notary Public 63irfhe, to of Ore on My commission expires: �v G� ,`f OFFICIAL SEAL Order No. 26gO286346 DEBRA J.JONES NOTARY PUBLIC-OREGON COMMISSION MY COMMISSION EXPIRES MARCH 5,2 010 Statutory Bargain and Sale Deed—Individual ORRQ 6/2005; Rev. 12/2007