The URL can be used to link to this page

VAR2010-00009AFFIDAVIT OF MAILING .Aid 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: jQ—k App,,,,:- Box( .,) Below) 0 NOTICE OF DECISION FOR VAR2010- 00009 /MATRIX SETBACK ADJUSTMENT (Fae No. /None Reference) ❑ AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit" N', and by reference made apart 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 30, 2010, and deposited in the United States Mail on july 30, 2010 postage prepaid. that STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/ aff=* ed before me on the I ( T � ' day of ADao- 5 2010. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC - OREGON COMMISSION NO. 416M MY COMMISSION EXPIRES APRIL 25, 2011 Jud NOTARY PUBLIC OF OREGON My Commission Expires: y(�S� EXHIBIT NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT (VAR) 2010 -00009 MATRIX FRONT YARD SETBACK 120 DAYS = 11/27/2010 SECTION I. APPLICATION SUMMARY FILE NAME: MATRIX FRONT YARD SETBACK ADJUSTMENT CASE NO.: Development Adjustment (VAR) VAR2010 -00009 PROPOSAL: The applicant requests an adjustment to the front yard setback to reduce the setback from 15 feet to 12 feet 3 inches, a reduction of 18 %, to accommodate construction of a new single family residence with covered front porch. APPLICANT: Legend Homes OWNER: Matrix Development Jacki Herb 12755 SW 69' Ave., #100 12755 SW 69` Ave., #100 Tigard, OR 97223 Tigard, OR 97223 ZONING: R -25: Medium High- Density Residential District. The R -25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. LOCATION: 13924 SW Walnut Creek Way, WCTM 2S104BB, Tax Lot 11800. 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. The findings and conclusions on which the decision is based are noted in Section IV. VAR2010 -00009 Matrix Front Yard Adjustment 073010 Page 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The site is Lot 35 in the Walnut Creek Subdivision, a Planned Development near the intersection of Northview Drive and Walnut Creek Way. The lot is approximately 3,175 square feet in area. The rear yard is 15.02 ft. and the front yard is 16.02 ft. The front covered porch requires an adjustment to the front yard setback of 3.8 ft, approximately an 18% reduction. Proposal Description: The applicant requests an adjustment to the front yard setback to reduce the setback from 15 feet to 12 feet 3 inches, a reduction of 18 %, to accommodate construction of a new single family residence with covered front porch. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.5101 The development standards that affect this property are as shown below. TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -25 ZONE (PD) Standard Proposed Minimum Setbacks -Front yard 15 ft 12.25 ft (18% reduction) -Side facing street on corner & through lots loft No change -Side vard 5 ft No change -Rear yard 15 ft No change -Side or rear yard abutting more restrictive zoning district 30 ft No change - Distance between property line and front of garage 20 ft No change DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested an 18% reduction in the required front yard setback from 15 feet to 12.25 feet. All other setbacks will be adhered to. The adjustment is requested to be able to construct a covered front porch. The rear and side yards are at the minim approved in the Planned Development. The front yard setback adjustment is the minimum that will allow the construction of this residence with a covered front porch. VAR2010 -00009 Matrix Front Yard Adjustment 073010 Page 2 L0 C. The Adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees on the lot to preserve at this time. There will be street trees planted as part of the subdivision approval. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. There is not a reasonable alternative to the Adjustment which achieves the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure 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. THE DECISION IS FINAL ON JULY 30, 2010 AND BECOMES EFFECTIVE ON JULY 31, 2010. The placement of the front porch is the most reasonable and least intrusive into setbacks as it will reduce less reserved space than moving the rear wall of the building the same distance into the rear yard setback. There is no reasonable alternative to allow the planned home with porch on this lot. Q uestions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. AA+ July 30, 2010 Approved by: Darrel "Hap" Watkins Date Assistant Planner 503- 718 -2440 hapgg or.gov VAR2010 -00009 Matrix Front Yard Adjustment 073010 Page 3 VICINITY MAP Y I � z 2 F (RING - Ml — — Z VAR2010 -00009 J - f MATRIX SETBACK _ [t Dan] Mx ORB ADJUSTMENT Mu IMF Schollstl� 1� e � RU 010 fn Millands' to ��\ aw` EST hn t'; ; MORNING HILL DR _L1 ti WALNUT CRFFK WAY GRIST C7 Subject Site ' t WES'! - BURY TER I i 5 � IA Feet 0 500 WALNUT L Information on this map is for general location only and should be verified with the Development Services Division. Scale 1:4,000 - 1 in = 333 ft Map printed at 11:48 AM on 30- Jul -10 DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIG RD MAKES NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE CONTENT. ACCURACY. TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CRY OF TK3ARD SHALL ASSUME NO LIABILffY FOR ANY ERRORS. OMISSIONS. OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. qty of I igard TI6A AP 1 3125 SW Hall Blvd M5 T gar 639 417 2 ' 503 www.tigardor.gov PL OT PL AN 1 REVISED I }� I I� `l l l/29/10 LOT #03F�) WALNUT GREEK 13524 SW WALNUT CREEK WAY NE 4 SECTION 4, T. 25, R. I W, W.M. I „ . 20'-0" CITY OF TIGARD WASHINGTON COUNTY, OREGON LEGEND HOMES I Illlll 12755 9W 59th AVE. OMCR (502) ezo -59080 nnli BUR'E L00 FAX (509) 695 -5900 PORTLAND, OR. 97229 CCB+ 55151 W — - - WATERLINE SS SANITARY SEWER SD STORM DRAIN —�—� EROSION FENCE - q OF STREET 0 WATER METER O MANHOLE ® CATCH BASIN PROPOSED STREET TREES ® STREET LIGHT FIRE HYDRANT yYO PROVIDE EROSION CONTROL FENCE PER COMMUNITY EROSION PLAN LOT tiI 3 c STREET TREE: CHANTICLEER PEAR 2 "Caliper CITY OF TIGARD Approved................................... . I For anditionallyv�Agprprroved .................... i l PERMIT NO. V �` ;/�' /� d 1 See Letter to: Follow ....................... I Legend Homes Jacki Herb 12755 SW 69"' Ave., # 100 Tigard, OR 97223 Matrix Development 12755 SW 69" Ave., # 100 Tigard, OR 97223 VAR2010- 0000 MATRIX SETBACK ADJUSTMENT EXHIBIT!- 2S104BB11800 MATRIX DEVELOPMENT CORP 12755 SW 69TH AVE #100 TIGARD.OR 97223 ADJUSTMENT TYPE I APPLICATIO City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OA 4 ECEIVED Phone: 503.639.4171 Fax.• 503.598.1960 JUL 2 9 2010 Property Address /Location(s): VJ A n%-- lh C,(te lc L,-A 35 139 21a tS W Waln,a t Gr e c W AA 6 T iL�✓ d 5 Tax Map & Tax Lot #(s): Z 51 C)y 5 $ ( ( E)m CITY OF TIGARD P L!lNNINV31ENGINEERING FOR STAFF USE ONLY CaseNo.: Ae qv(o - Site Size: S 1 , 5 5 V7 Applicant *: - 1 A City/State: T 010.V d ioz Zip: 91 - 13, Primary Contact•. -TiAC* -1 N EIL6 Phone: LD'j - OW x 2 Fax: qb5 -✓n't)- 1500 Property Owner /Deed Holder(s *: (Attach list if more than one) MA;i ik De 4 #-k (n er A Address: 12-155 "5L-1 (CErtLl lW • Phone: VD3-101�W City/State: TT I A O2 Zip: 9 * 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 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY 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): ➢Development Adjustment — Front Yard, Interior Setbacks and Lot Coverage ➢ special aduatmeats ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ♦ Landscaping Adjustments — Existing /New Street Trees ♦ Parking Adjustments — Reduction in Stacking Lane Length ♦ Parking Adjustments — Reduction in Minimum Parking for Transit Improvements /Existing Dev. ♦ Setback Adjustments — Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments — Distance From Another Tower ♦ Washingt Square Reg. Center Density Adjustments Please state the reason for the Adjustment request: TV'Ae 4 aj� It c-dwf " dCa;t? IofJrne,n SlAnct"5 - to re duce 1� fvon I U CL V C1 b0. Cr— - FA> - h I G I2.2 allow f9 r a Boni porch Other Case No(s).: (- Receipt No.: 11 9991. Application Accepted By: S_�T Date: _70 Date Determined To Be Complete: 7 o io Com Plan /Zone Designation: V; - A;-5 PD Rev. 7/1/09 i \curpin \masters \land use applications \adjustment -Type 1 App.doc REQUIRED SUBMITTAL ELEMENTS ✓ Application Elements Submitted: [� Application Form [✓]� Owner's Signature /Written Authorization .[� Title Transfer Instrument or Deed [✓]� Site /Plot Plan (2 copies) [✓] Site /Plot Plan (reduced 8 /: "x 11') Applicant's Statement (Addressing Criteria Under Section 18.370.020) Filing Fee APPLICANTS: To consider an application complete, you will need to submit ALL of the R2UIRED 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 aM 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. DATED this Z'givi A li ant /Authorized Agent Signature Owner's Signature day of 5 LA Ij J 1 20 10 7 6's Signature Owner's Signature CITY OF TIGARD 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 RECEIPT Receipt Number: 178886 - 07/30/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2010 -00009 Development Adjust 1003100 -43116 $256.00 VAR2010 -00009 Development Adjust - LRP 1003100 -43117 $38.00 Total: $294.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 002077 STREAT 07/30/2010 $294.00 Payor: Estate of Matrix Development Corp Total Payments: $294.00 Balance Due: $0.00 Page 1 of 1 July 29, 2010 LEGEND HOMES City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 To Whom It May Concern: This is a request for a Front Yard Setback Variance for Lot #35, 13924 SW Walnut Creek Way in the Walnut Creek subdivision. We request a variance to the City Code 18.510.050 Development Standards, Table 18.510.2 which requires that the front of the building be 15 feet minimum from the front property line. The variance approval criteria (Section 18.370.020 Section B. 2.) are addressed below: A. A demonstration that the adjustment requested is the least required to achieve the desired effect; Included in this application package is an adjusted Plot Plan. The unit was moved back 0.75' towards the rear property line in order to minimize the requested variance. B. The adjustment will result in the preservation of tree, if trees are in the development area; The adjustment will not affect the required street trees in any manner. C. The adjustment will not impede adequate emergency access to the site; The requested variance will not impede emergency access to the site. D. There is not a reasonable alternative to the adjustment which achieves the desired effect; There is no reasonable alternative in terms of time, cost or construction scheduling or community continuity. I Voice • 503.620.8080 Fax • 503.598.8900 12755 SW 69` Ave. #100 Portland, Oregon 97223 Q CCB #60563 Please call me at 503- 620 -8080 x211, if there are any questions. Thank you/cas eve L Design Manager Legend Homes AMER First American Title Insurance Company of Oregon Washington (OR) Prepared For: Prepared By: Property Information Division 222 SW Columbia St, Suite 400 - Portland, Oregon 97201 Phone: (503) 219 -TRIO Fax: (503) 790 -7872 OWNERSHIP INFORMATION Owner : Matrix Development Corp Ref Parcel Number : 2S 104BB 11800 CoOwner 7: 02S R: 01W S: 04 Q: 250 Site Address : 13924 SW Walnut Creek Way Portland 97223 Parcel Number : R2151339 Mail Address : 12755 SW 69th Ave #100 Tigard Or 97223 Map Number Telephone : Owner: Tenant: County : Washington (OR) SALES AND LOAN INFORMATION Transferred Loan Amount Document # Lender Sale Price Loan Type Deed Type Interest Rate % Owned Vesting Type PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page & Grid : 654 J3 MktLand : $136,900 Census : Tract: 319.05 Block: 1 MktStructure Subdivision /Plat : Walnut Creek MktOther NeighborhoodCd : MNHL MktTotal : $136,900 Land Use : 1000 Vacant,Residential M50 Assd Total : $97,460 Legal : WALNUT CREEK, LOT 35, ACRES .07 %Improved 09 -10 Taxes :$1,546.13 Exempt Amount Exempt Type Levy Code :05185 Millage Rate : 15.6205 PROPERTY CHARACTERISTICS Bedrooms Lot Acres :.07 Year Built Bathrooms Lot SgFt : 3,049 EffYearBlt Heat Method Bsm Fin SgFt Floor Cover Pool Bsm Unfin SgFt Foundation Appliances Bsm Low SgFt Roof Shape Dishwasher Bldg SgFt Roof Mail Hood Fan I st Flr SgFt InteriorMat Deck Upper Flr SgF1 Paving Mail Garage Type Porch SgF1 Const Type Garage SF Attic SgFt Ext Finish Deck SgFt This title information has been furnished, without charge, in contormance wim ine guaennes approves uy uie gate ui uieyun insurdn�o Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. � -� After Recording Return to: •� Q Mr. Ernie Platt r, Matrix Development Corporation Plaza 2, Suite 200, 6900 SW Haines Street —Y l Tigard, Oregon 97223 -2514 STATE OF oAEQON County of Washington I, Jerry pnH r of Assess- c rtlty Clerk to (4 o the with r. !nt dt YIi� % that calved and re rded , b Jh county oK! f sald f `r ' "}�� ' o- ((�tNy FF. rector of a tlon, Ex- Doc : 97041010 Rect: 105579 656.00 05/02/1997 03:42:34pm 4 STATUTORY WARRANTY DEED °. YNOW ALL HEN BY THESE PRESENTS, That William Scott Russell f as to an undivided percent (2 %) interest and William Scott Russell, as custodian for Zachary Lewis Russell, a minor, under uM the Oregon Uniform Transfers to Minors Act, William Scott Russell P 3 "> as custodian for Carl Wade Russell, a minor, under the Oregon i,'� Uniform Transfers to Minors Act, Frederick Henry Russell, Y`' individually, and Frederick Henry Russell as custodian for cc t=� t The true and actual consideration paid for this transfer, stated in germs of dollars, is $569,766.67, certain portions of N which have been paid to an accommodator(s) pursuant to an Internal Revenue Code Section 1031 exchange. William Scott Russell et al (Grantor) Matrix Development Corporation Plaza 2, Suite 200, 6900 SW Haines Street Tigard, Oregon 97223 -2514 (Grantee) tyAswrGTON COUNT'l ;, `' READ PROPEkTY TRANSFER T1X Unt il a chanctg is requested. - $ send all tax statements to: FEF_ PAID DATE Matrix Development Corporation Plaza 2, Suite 200, 6900 SW Haines Street Tigard, Oregon 97223 -2514 PAGE 1 — WARRANTY DEED 1 ,; —' Qj. Rebecca Leigh Russell, a minor, under the Oregon Uniform Transfers to Minors Act, Frederick 'Henry Russell as custodian for Anna Marie Russell, a minor, under the Oregon Uniform Transfers to Minors Act, Frederick Henry Russell as custodian for the benefit of Stephanie Jo Russell, a minor, under the Oregon Uniform Transfers to Minors Act; Virginia R. Morel (formerly known as Virginia R. Hawkins), Trustee under Trusit Agreement dated December 18, 1978, wherein Margery F. Crist, whose former name was Margery F. Krueger, is Settlor created for the benefit of Rita Hawkins, Virginia R. Marel (formerly known as Virginia R. Hawkins) , Trustee under Trust Agreement dated December 19, 1978 where Margery F. Krueger is Settlor created for the benefit of Kenneth Lee Hawkins, Virginia R. Marel (formerly known as Virginia R. Hawkins) individually; Peggy R. Weems (formerly known as Peggy Belle R. Ayres), individually; Alan Scott Ayres, individually; Amy Beaty (formerly known as Amy Ayres) individually; Nancy Filben (formerly known as Nancy Ayres, individually; and Peggy R. Weems as Co- conservator for Gerald Vincent Russell and William Scott Russell as Co- conservator for Gerald Vincent Russell, each as to an undivided two percent (2%) interest as tenants in common, and Margery F. Criet and John R. Crist, Trustees or their successors in interest of the Margery F. Crist Living Trust dated January 8, 1989 (also referred to as the trust of July 1, 1988) as to the remainder, hereinafter called the "Grantors," for the consideration herein stated, to Grantors paid by Matrix Development Corporation, hereinafter called the "Grantee," do hereby convey and warrant unto the Grantee and Grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, free of encumbrances except as specifically set forth herein, situated in the City of Tigard, Washington County, State of Oregon, described as follows, to -wit: Lot 66, CASTLE HILL, in the City of Tigard, County of Washington and State of Oregon. To Have and to Hold the same unto the Grantee and Grantee's heirs, successors and assigns forever. And Grantors hereby covenant to and with Grantee and Grantee's heirs, successors and assigns, that Grantors are lawfully seized in fee simple of the above granted premises, free from all encumbrances except the following: (1) Statutory Powers and Assessments of Unified Sewerage Agency. (2) Resolution and order No. 2440 recorded April 7, 1983, as Fee No. 83011702 which established the Weir Trunk Sanitary Sewer Improvement District. PAGE 2 - WARRANTY DEED ^ J (8) Discrepancies, conflicts in boundary lines, shortages in area, encroachments or any other facts which a correct survey would disclose. and that Grantors will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The real property which is the subject of this deed may never have built upon it a supermarket which is defined as a store or department having in excess of 5,000 square feet of floor space, devoted to the sale of baked goods, meat, poultry or fish for off - premises consumption. This restriction extends into perpetuity. This restriction shall inure to the benefit of lot 65 Castle Hill in the City of Tigard, County of Washington and state of Oregon and shall inure to the benefit of A.lbertson's Inc. the owner of said lot 65 4nd its heirs successors and assigns. This restriction runs with the land conveyed by this deed and shall be binding upon the Grantee and the Grantee's heirs, successors and assigns. The real property conveyed hereunder is sold AS IS in its present condition including latent defects, and Grantee acknowledges that Grantors have made no representations or warranties either express or implied as to the condition of the property or to what uses the property may be put. Grantee further acknowledges that in determining to purchase the real property conveyed hereunder, that Grantee has ascertained from sources other than owner, the applicable zoning, building, housing and other regulatory ordinances and laws applicable to the subject property and that Grantors have made no PAGE 3 - WARRANTY DEED - (3) Easements on the racorded plat /partition as xoilows: "An eight -foot -wide public utility easement is hereby C:) created within each lot in this plat and it shall abut the full �,. length of each lots frontage along any public street." (4) Restrictions shown on recorded plat /partition as follows: "Fences along all public streets shall provide for adequate sight distance for vehicles entering and exiting public streets." (5) Easement as shown on the recorded plat /partition for storm drainage affecting east 20 feet. (6) Restrictions shown on recorded plat /partition as follows: "Ownership and maintenance of private drainage facilities within platted private storm drainage easements shall be the responsibility of the vested lot or lots." (7) City liens, if any, of the City of Tigard. (8) Discrepancies, conflicts in boundary lines, shortages in area, encroachments or any other facts which a correct survey would disclose. and that Grantors will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The real property which is the subject of this deed may never have built upon it a supermarket which is defined as a store or department having in excess of 5,000 square feet of floor space, devoted to the sale of baked goods, meat, poultry or fish for off - premises consumption. This restriction extends into perpetuity. This restriction shall inure to the benefit of lot 65 Castle Hill in the City of Tigard, County of Washington and state of Oregon and shall inure to the benefit of A.lbertson's Inc. the owner of said lot 65 4nd its heirs successors and assigns. This restriction runs with the land conveyed by this deed and shall be binding upon the Grantee and the Grantee's heirs, successors and assigns. The real property conveyed hereunder is sold AS IS in its present condition including latent defects, and Grantee acknowledges that Grantors have made no representations or warranties either express or implied as to the condition of the property or to what uses the property may be put. Grantee further acknowledges that in determining to purchase the real property conveyed hereunder, that Grantee has ascertained from sources other than owner, the applicable zoning, building, housing and other regulatory ordinances and laws applicable to the subject property and that Grantors have made no PAGE 3 - WARRANTY DEED =; ® representations regarding said regulatory ordinances or laws or as to the condition of the subject property. There shall be established by Grantee covenants, _ - -; conditions and restrictions for the real property conveyed hereunder as follows: ® 1) That a Homeowners' Association will be established for the residences built upon the subject real property or the residences built on the subject real property will be made subject to the Homeowners' Association established for the adjacent Castle Hill residential development. 2) That said Homeowners' Association shall be granted the power to assess all homeowners residing in the subject real property together with the power to lien for the care and maintenance of the park built upon the real property adjacent to the Albertson's, Inc. store with no limitation on the dollar amount of said assessments. At such time as the City of Tigard or other governmental entity requires installation of a traffic control light at the intersection of Scholls Ferry Road and Murray /Walnut Road, tha cost of such traffic control light shall be paid one - half by Grantee to the extent it is not fully paid for by the City of Tigard or any governmental entity. This obligation of Grantee shall be binding upon the Grantee and the Grantee's heirs, successors and assigns and shall run with the land conveyed by this deed. The obligation of Grantee herein shall inure to the benefit of Grantors and Grantors' heirs, successors and assigns and shall also inure to the benefit of lot 65, CASTLE HILL in the City of Tigard, County of Washington and State of Oregon, the owner of said lot 65 and the heirs successors and assigns of said owner and shall remain in effect until such time as the payment of the obligation of Grantee has been made. In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. IN WITNE WHEREOF , he Grantors have executed this instrument this _22 day of �, z ✓1 � , 1997. THIS INSTRUMENT WILL 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 PAGE 4 - WARRANTY DEED t l i I 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 PRACTICER AS DEFINED IN ORS 30.930. GRANTORd�E��! - vATED: W ll am Scott Russell // Individually GRANTOR :4I / ATED: William Scott Ra sell as co- conservator for Geral d Vincent Russell GRANTOR: 4_" TED: William am Scott. Russell, as Custodian for Zachary Lewis Russell, a minor, under the Oregon Uniform Transfers to Minors Act GPANTOR: DATED: William Scott Russell, as Custodian for Carl Wade Russell, a minor, under the Oregon Uniform Transfers to Minors Act STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON) 1997. L (� J� 23 , 1997. 1997. J , 1997. T,tds instrument was acknowledged before me on the _) J day of ��, 1997, by William Scott Russell individual y nd as cc- conservator for Gerald Vincent Russell and William Scott Russell as Custodian for Zachary Lewis Russell, a minor, and as Custodian for Carl Wade Russ 1, a minor, under the Oregon Uniform Transfers to Minors Act. JUC�TH LYNN Notary Publ c for Oregon �y, 1Q182p06p7ry My Commission Expires: MY COWU3Sf(k/IXDIREB MAFiCl17, 2001 .. PAGE 5 - WARRANTY DEED i GRANTOR :Z (� DATED: 1997. Frederick enr Russell Individually GRANTOR: ��e,/iyu RATED: p�ede'r� ck He y Russe 1, as custotlia for Rebecca Leigh Russell, a minor, under the Oregon Uniform Transfers to Minors Act, and as custodian for Anna Marie Russell, a minor, under the Oregon Uniform Transfers to minors Act and as custodian for Stephanie Jo Russell, a minor, under the Oregon Uniform Transfers to Minors Act STATE OF OREGON ) ) ss. COUNTY OF MULTNOMAH ) �l�zl-97 1997. Th s in trument was acknowledged before me on the day of , 1997, by Frederick Henry Russell individua ly and as custodian for Rebecca Leigh Russell, a minor, under the Oregon_ Uniform Transfers to Minors Act, as custodian for Anna Marie Russell, a minor under the Oregon Uniform Transfers to Minors Act and as custodian for Stephanie Jo Russell, a minor, under the Oregon Un form Transfers to Minors Act. Notary Public for Oregon OFFICIAL SEAL My commission Expires: ( STEVEN HARDINO SMITH NOTARY PUBLIC -OREGON COMMISSION NO.030959 H MV CCnd4f„Flpf �'rcmF °. 27,19W PAGE 6 — WARRANTY DEED Flo 1 GRANTOR ATED: O , 1997. �V A. —,� ra n R. MR (formerly s known Virginia R. Hawkins), Trustee under Trust Agreement dated December 18, 1978, wherein Margery F. Crist, whose former name was Margery F. Krueger, is Sattlor created for the benefit of Rita Hawkins GRANTOR: DATED: Z �, 1997. rg nia R. arel (formerly kno as Virginia R. Hawkins) , Trustee under Trust Agreement dated December 19, 1978, wherein - Margery F. Krueger is Sattlor created for the benefit of Kenneth Lee Hawkins GRANTORi ` !�d- , 1997. Virg a R. Morel Individually ' STATE OF WASHINGTON ) ss. County of King ) This instrument was acknowledged before me on the day of I , 1997, by Virginia R. Marel (formerly known as Virginia Hawkins), individually and as Trustee Under Trust Agreement dated December 18, 1978 for the benefit of Rita Hawkins and as Trustee Under Trust Agreement ated December 19, 1978 for the benefit of Kenneth Lee Hawkins. IuluNlp `� ?/ �� gSA 3�Q �•� Not Publ c Wash n t� on ;• �W'f My ommission E : `� ires -9!3 _ =:.:o�9TARy� u�Y vo + ®i AI PAGE 7 - WARRANTY DEED 7 GRANTOR: DATED: APR 29 , 1997. Peggy Weems (formerly known as Peggy Belle R.Ayres) GRANTOR: LS DATED: APRIL 29 , 1997i• Peggy'/,X. Weems as Co- Conservator for Gerald Vincent Russell (Peggy R. Weems was formerly known as Peggy Belle R. Ayres) STATE OF OREGON j ) ss. County of btlCKkb(U LIMN) This instrument was acknowledged before me on the 29TH day of APRIL 1997, by Peggy R. Weems (formerly known as Peggy Belle R. Ayres) individually and as Co- Conservator for Gerald Vincent Russell. 4 �-t�-ry P 1 for Oregon My Commission Expires: 9127197 I ICIAL SEAL GWENDOLYN G CHANDLER NOTAHY PUBLIC - OREGON C0MMIS&ON NO. 028300 } tdY (L 11$SRrii XPIRES SEPT. 27.IM PAGE 8 - WARRANTY DEED I I •. ® i ®I �I '�,;RMTOR: ATED: _ / , 1997. Alan Scott Ayres STATE O? OREGON ) so. County of Banton , �- This instrument was acknowledged before me on the ,�?9 day of 7,997 by Alan Scott Ay es. ti OFFICIAL SEAL Notary PublY& for Ore gon ^, Nr.:r.tr:,rL�• :c o,ecoN My Commission Expires: MY COWMISSION EXPIRES J1INE 221 BB7 I PAGE 9 - WARRANTY DEED - i GRANTOR: DATED. � � 1997. y for y ®.: known Z7 Amy s) STATE OF ARIZONA ) ) 68. County of Maricopa ) i 7� This instrumGntiwas acknowledged 'before me on the a6 day of q R!L 1997, by Amy Beaty (formerly known as Amy Ayres) Notary Public Ar My Commission Expii'@s"� ►►i' Corttmittlon Exd t5, � a tj p i , PAGE 10 — WARRANTY DEED / O I ML M �i I� PAGL� 11 - WARRANTY DEED / i TED: y�� 1997. GRANTOR: , Nancy a former — Nancy known yo Ayres) STATE OF COLORADO ) A1u.ru County of 'e ) This instrument,was acknowledged before me on the day of 4 14. , 1997, by Nancy .Filben (formerly known as Nancy Ayres) . F r {l •;�,, otary Publ.. ^ for Colorsc� l lf /q -� My commission Expires: _ ML M �i I� PAGL� 11 - WARRANTY DEED / i GRANTOR: Lt :!ATED: _ 1997. _ *iar er � Cr Bt , Trustee under the Margery F. Crist'Living P Trust dated January 8, 1989 (al&o referenced as the trust dated July 1, 1988) GRANTOR: ^ ^ DATED: 1997. - JPhn R. Cr st, Trustee under the Margery F. Cri.st Living Trust dated January 8, 1989 (also referenced as the trust dated July 1, 1988) veos STATE OF OREGON ) ) &6. County of Washington ) This instrument was acknowledged before me on the ] day of , 1997, Margery F. Crist and John R. Crist, Trustees under the Margery F. Crist ving Trust dated January 8, 1989 (also referenced as the trust da ed ^July 1, 1988). J `Not y Public for Oregon r My Commission Expires: SAY PACE 12 - WARRANTY DEED /