MIS1997-00005 •
ANiv
CITY OF TIGARD
May 16, 1997 OREGON
Dennis and Nancy Worznisk
13493 SW 75th Place
Tigard, OR 97223
Re: MIS 97-0005/Accessory storage shed
Dear Mr. and Mrs. Worznisk
This letter is in response to your request for approval of a 520 square foot, 12 foot tall
accessory structure. The Director has approved this structure finding that it meets the
approval standards of Section 18.144 of the Tigard Communi Development Code.
The structure is on a parcel of land that is smaller than 2.5 acres and zoned R3.5. The
structure as proposed does not encroach into the five-foot side yard and rear yard
setback required for accessory structures in residential districts. The structure also
does not exceed 30 feet in height or 528 square feet in size. There are no identified
sensitive lands. Therefore, it meets the requirements of the applicable development
code sections for this type of use.
You are required to obtain building permits for this construction. Please submit a copy
of this letter of approval with your request for building permits. Also, please feel free to
contact me concerning this information if you have any questions.
Sincerely,
Julia Powell Hajduk
Associate Planner
i:\curpinljulialworzinis.doc
c: MIS 97-0005 land use file
Development Services Technicians
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13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
,j aN N
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.-ACCESSORY STRUCTURE
L APPLICATION .
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
PRE-APP. HELD WITH:
1X PL
OF PRE-APP.:
Property Address/Location: /35193 ,s IA) '7 s PL
FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): b .25 -
5300 (/Acr (r.t 25 1 ofD
Case No.(s): (5 7 7 -2
Site Size:
Other Case No.(s): -
Property Owner/Deed Holder(s)': beNNi c `t" IVAav(' Wo,ZivioL. Receipt No.:. I L-7 53
Address: 13 ' '736')S t 9S1-& PL Phone: Goa "ZZ Z$ Application Accepted By
City: I r,9QO dl d tQ Zip: q'7 2Z3 Date: .6- l2- 97
Applicant*: —
Address: — Phone: Date Determined To Be Complete::;';;:;
City: — Zip:
Comp Plan/Zone 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 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 CIT Area: .
form or submit a written authorization with this application. Rev.8/26/96 ilcurpintimasters■asa.doc
PROPOSAL SUMMARY
The owners of record of the subject property request an Accessory REQUIRED SUBMITTAL ELEMENTS
Structure which is(please be specific): .
st
/o/ feet in height with an area of 5 �_ square feet. Application Elements Submitted:
0' Application Form
its`s(/ c'4 S/tee.0, e- • Owner'sSignatureMiritten Authorization
(provide any additional information here) a Title Transfer Instrument or Deed
SAc _ o �,2 iJ �oL Site/Plot Plan
s 4, re-r S� l e /24- 4 c '� yt of copies based on pre-app check list)
> / v /� p Site/Plot Plan (reduced 8'/2 x 11")
u rcf r�'i Cu J. 02 X`/ a u!s;�f e wr17t 0 Applicant's Statement(3 copies)
/' // p Filing Fee$80.00
�� �1 CC fi f i�9 � lQ-°v�i��R4ri��-
oc25, �. 0/G /"?elS�e
1
•
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as
part of this application:
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 APPLICANTS)SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
121:Q122111..
• 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 /02 day of 744, 19 97
("1.3").-A-1.
Owner's Signature Owner's Signature
l It . - • 4ALA/
Owner's Signa y ' Owner's Signature
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VALUE CHANGE NOTICE
V
A Real Market Value(RMV) Last Year This Year Code Area Account Number
L RMV LAND 42 , 000 99 , 280 023 . 81 R2038094
U RMV STRUCTURE ( S) 0 251 , 840 Oregon Property Tax Year
E TOTAL RMV 42 , 000 351 , 120 7/ 1/96 to 6/30/97
C County
ASSESSED VALUE (AV ) WASHINGTON REAL
H
A AV LAND 42 , 000 99 , 280
Property Description (tvlap Number)
N AV STRUCTURE ( S) 0 251 , 840 -
Township I Flange 'Section I 114 i lox at I--..S-pncial Interest
G
E TOTAL AV 42 , 000 351 , 120 2S11DC-05300
__ _ __ _ ....... _ .
Acres Property Class Pell !hitcher
N EXEMPTION
O . 48 1012
T NET ASSESSED VALUE 42 , 000 351 , 120 - -
III 1
c 13493 SW 75TH PL
E
Property Taxes 583 . 32 4 , 860 . 76 WORZNIAK , DENNIS & NANCY
. . and --- - . - — . .... ... . ... 7495 SW CHERRY
PROPERTY TAX PAYMENT OPTIONS TIGARD , OR 97223
P ( 5c irlflor I lo ito:11 fiction!: find your ;wont rights)
R Pay By niecfitrit Allowed Net Amount
o PACIFIC RIDGE , LOT 5 & 6 , ACRES . 48
P In Full 11 / 15/96 145 . 82 3% 4 , 714 . 94
E 2/3 11 / 15/96 64 . 81 2% 3 , 175 . 70
R 1/3 11 / 15/96 NONE 0% 1 , 620 . 26
T
Y DELINQUENT TAXES
T Interest included !Nor iglu lax Year Amount
A 11 / 15/96 SEE INSERT FOR APPEAL RIGITI S
AND PAYMENT INSTRIJCTIONS
Real property accounts with an
411 See Taxing Detail on back of statement
S unpaid balance for arty tax year
for Breakdown of Taxes By District
T marked with an asterisk (') are
A stioject 10 ir,!rci():;,,,e if not paid PLEASE MAKE PAYMENT TO:
T on or before fk.flay 15. Any .
rfayntents recoivod on this account 1 0"Delinquent Amount ASSESSMENT & TAXATION
E
tv11..)ti I he applied 10 detingireitt 0 . 00 P . O. BOX 3587
m 'axes Inst. PORTLAND , OR 97208
E
N TCSIAL tAxEs °writ)on i i ils
T AccouN I II-l'AIII I!'t't1(IVF mnr:1 1 15 , 4 , 714 . 94 Value Questions - Call 648-8826
Tax Questions - Call 648-8801
• Other Questions - Call 648-8741
.
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Washington County
Page 1 of 7
)(c). CV1 C 6; 4 cr 1 A—
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STATE OF OREGON
SS
,
County of Washington •
Jerry vein, •:caw of Assess- •
ment and t• •ft County
Clerk for •• • • rtify that
the wit . asZeceived
-A- ord: .of said
ancodunItTe. - _ t Z' *
=57;3.%161,1•:" .2,-/
z-f.•-
tieurrN-Rrtiam irector of
pesinight melon,Ex-
ffiqkçquñiS Clerk
Doc : 94026945
Rect: 118962 30. 00
03/21/1994 03: 25: 22PM •
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. • .
3-ai-94.
DECLARATION OF
RESTRICTIONS.CONDITIONS AND COVENANTS
" _ MIDI : U. . . 1: 1 1/ ' • •
DECLARATION OF RESTRICTIONS,CONDITIONS AND COVENANTS IS APPLICABLE TO LOTS
3.11,(EXCEPT THE NORTH 40 FEET OF LOT 3)AND TRACT A AND TRACT B OF PACIFIC RIDGE
SUBDIVISION.
WHEREAS THE PETRIE COMPANY OF OREGON INC.,AN OREGON CORPORATION
HEREINAFTER REFERRED TO AS DECLARANT,IS OWNER OF CERTAIN REAL PROPERTY
LOCATED IN THE CITY OF TIGARD, IN THE COUNTY OF WASHINGTON,IN THE STATE OF
OREGON,KNOWN AS PACIFIC RIDGE SUBDIVISION,A DULY RECORDED PLAT.
WHEREAS,THE DECLARANT IS DESIROUS TO DECLARE OF PUBLIC RECORD
TTS INTENTIONS TO CREATE CERTAIN RESTRICTIVE CONDITIONS AND COVENANT TO THIS
OWNERSHIP OF SAID PROPERTY:
NOW,THEREFORE,THE DECLARANT DOES HEREBY CERTIFY AND DECLARE
THAT TIM FOLLOWING RESTRICTIONS,CONDTITONS AND COVENANTS SHALL BECOME AND
ARE HEREBY MADE A PART OF ALL CONVEYANCES OF LOTS#3-11 AND TRACT A AND TRACT.
B WITHIN THE PLAT OF PACIFIC RIDGE RECORDED ON JANUARY 21,1994 PLAT BOOK 89,PAGE
21 OF THE PLAT RECORDS OF WASHINGTON COUNTY OREGON AND THAT THE RESTRICTIONS,
CONDITIONS AND COVENANTS SHALL BY REFERENCE BECOME A PART OF ANY SUCH
CONVEYANCES AND SHALL APPLY THERETO AS FULLY AND WITH THE SAME EFFECT AS IF
SET FORTH AT LARGE THEREIN.
ARTICLE I
PROPERTY SUBJECT TO THESE COVENANTS
(1) INITIAL DEVELOPMENT
DECLARANT HEREBY DECLARES THAT ALL OF THE REAL PROPERTY DESCRIBED ABOVE IS
HELD AND SHALL BE HELD,CONVEYED,HYPOTHECATED,ENCUMBERED,USED,OCCUPIED
AND IMPROVED SUBJECT TO THESE COVENANTS.
ARTICLE II
RESIMEIIIALCCLYEDIAMS
(1) LAND USE AND BUILDING TYPE
NO LOT SHALL BE USED EXCEPT FOR RESIDENTIAL PURPOSES. NO BUILDING SHALL BE
ERECTED,ALTERED,PLACED OR PERMITTED TO REMAIN ON ANY LOT OTHER THAN ONE
DETACHED SINGLE FAMILY DWELLING NOT TO EXCEED TWO AND ONE HALF(2 1/2)STORIES
IN HEIGHT AND AN ATTACHED PRIVATE GARAGE FOR NOT LESS THAN TWO(2)CARS. THE
FOREGOING PROVISIONS SHALL NOT EXCLUDE :i' w•) - V; Si V Si OF . PRIVATE
DI •OU' ' •RAGE SHED,PRIVATE SWIMMING POOL,HOT TUB,GAZEBO,OR FOR THE
STO . /OR CAMPING TRAILER KEPT FOR PERSONAL USE,PROVIDED THE
LOCATION OF SUCH STRUCTURE IS IN CONFO' ,.1 WITH THE APPLICABLE L l J. •41'AL
REGULATIO'S,AND IS COMP I: ' "` )ESIGN AND DECO*/ • ` '` : THE RESIDENCE
CONSTRUCTED ON SUCH LOT.
RETURN TO:
PAGE ONE OF SIX
1\ .First American Titi Insurance Company
' 9FF4 N IV 1 rft•. n.,,, o..:._ .
• •
THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO PROHIBIT THE RIGHT OF ANY
HOME BUILDER TO CONSTRUCT RESIDENCES ON ANY LOT,TO STORE CONSTRUCTION
MATERIALS AND EQUIPMENT ON SAID LOTS IN THE NORMAL COURSE OF CONSTRUCTION.
ALL BUILDINGS CONSTRUCTED SHALL CONFORM TO EXISTING CITY OF TIGARD BUILDING
AND ZONING CODES.
(2) REELLIEGAIIZE
THE GROUND FLOOR AREA OF THE MAIN STRUCTURE EXCLUSIVE OF ONE STORY OPEN
PORCHES AND GARAGES,SHALL NOT BE LESS THAN 1500 SQUARE FEET FOR A ONE STORY
DWELLING,NOR SHALL THE GROUND FLOOR LEVEL BE LESS THAN 1efELSQUARE FEET FOR A
TWO STORY DWELLING. THE TOTAL LIVING LEVELS OF MULTILEVEL DWELLINGS SHALL
NOT BE LESS THAN A TOTAL OF 1800 SQUARE FEET.
(3) EASEMENTS
EASEMENTS FOR INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE
FACILITIES ARE RESERVED ON THE RECORDED PLAT.
(4) NUISANCES
NO NOXIOUS OR OFFENSIVE ACTIVITY SHALL BE CARRIED ON UPON ANY LOT,NOR SHALL
ANYTHING BE DONE THEREON WHICH MAY BE OR MAY BECOME AN ANNOYANCE OR
NUISANCE TO THE NEIGHBORHOOD.
(5) PARKING
PARKING OF BOATS,TRAILERS,MOTORCYCLES,ONE TON OR LARGER TRUCKS,
TRUCK-CAMPERS,MOTOR HOMES OF ANY KIND, AND THE LIKE EQUIPMENT SHALL NOT BE
ALLOWED ON ANY PART OF SAID PROPERTY NOR TRACT A OF THE PLAT(S.W.75TH CT.),NOR
ON PUBLIC WAYS ADJACENT THERETO EXCEPTING WHEN PARKED WITHIN THE CONFINES OF
AN ENCLOSED GARAGE,STORAGE PORT OR BEHIND A SCREENING FENCE OR SHRUBBERY
WHICH SHALL IN NO EVENT PROJECT BEYOND THE FRONT WALLS OF ANY DWELLING OR
GARAGE.
(6) VEHICLES IN DISREPAIR
NO OWNER SHALL PERMIT ANY VEHICLE WHICH IS IN ANY STATE OF DISREPAIR TO BE
ABANDONED OR TO REMAIN PARKED UPON ANY LOT OR ON TRACT A(75TH CT.) FOR A
PERIOD IN EXCESS OF TWENTY FOUR(24)HOURS. A VEHICLE SHALL BE DEEMED TO BE IN A
"STATE OF DISREPAIR"WHEN ITS PRESENCE OFFENDS THE OCCUPANTS OF THE
NEIGHBORHOOD.
(7) FENCES AND HEDGES
AS DEFINED IN THIS SECTION"FENCING"SHALL MEAN ANY BARRIER OR WALL OTHER THAN
NATURAL LIVING ORGANIC VEGETATION,INCLUDING TREES AND SHRUBS. PLANTING OR
SITE OBSCURING FENCES SHALL NOT EXCEED FOUR(4)FEET IN HEIGHT IN THE FRONT YARD
OR ON SIDE LOT LINES FORWARD OF THE BUILDING LINE WITH THE GREATEST SETBACK ON
THE LOT OR THE ADJOINING RESIDENTIAL LOT. THE MAXIMUM HEIGHT OF A SIGHT
OBSCURING FENCE LOCATED ON THE REMAINDER OF THE LOT SHALL BE SIX(6)
PAGE TWO OF SIX
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FEET. FENCES SHALL BE WELL CONSTRUCTED OF SUITABLE WOOD FENCING MATERIALS
•AND SHALL NOT DETRACT FROM THE APPEARANCES OF THE DWELLING HOUSES LOCATED
ON ADJACENT LOTS OR BE OFFENSIVE TO THE OWNERS OR OCCUPANTS THEREOF. NO
CYCLONE FENCES OF ANY KIND ARE ALLOWED.
(S) NO SIGNS SHALL BE ERECTED ON ANY LOT EXCEPT THAT NOT MORE THAN ONE"FOR
SALE"SIGN PLACED BY OWNER,THE DECLARANT OR BY A LICENSED REAL ESTATE AGENT,
NOT EXCEEDING TWENTY FOUR(24)INCHES HIGH AND THIRTY SIX INCAS LONG,MAY BE
TEMPORARY DISPLAYED ON ANY LOT. THIS RESTRICTION SHALL NOT PROHIBIT THE
TEMPORARY PLACEMENT OF"POLITICAL"SIGNS ON ANY LOT BY THE OWNER,OR THE
PLACEMENT OF A PROFESSIONAL SIGN BY DECLARANT,WHICH MUST COMPLY WITH THE
CITY OF TIGARD SIGN ORDINANCES.
(9) TEMPORARY STRUCTURES
NO STRUCTURE OF A TEMPORARY CHARACTER,TRAILER,BASEMENT,SHACK,GARAGE,
BARN,OR OTHER OUTBUILDING SHALL BE USED ON ANY LOT AT ANY TIME AS A RESIDENCE
WHETHER TEMPORARILY OR PERMANENTLY. TENTS USED FOR RECREATIONAL PURPOSES
ARE LIMITED TO SEVEN(7)CONSECUTIVE DAYS AND CAN ONLY BE PLACE IN THE REAR
YARDS OF LOTS 3-11 AND ONLY IF SAID LOT IS COMPLETELY FENCED ON THE REAR AND
SIDE YARDS OF THE LOT.
(10) LIVESTOCK AND POULTRY
NO ANIMALS,LIVESTOCK OR POULTRY OF ANY KIND SHALL BE RAISED,BRED OR KEPT ON
ANY LOT EXCEPT A REASONABLE NUMBER OF DOGS,CATS,OTHER HOUSEHOLD PETS MAY
BE KEPT PROVIDED THEY ARE NOT KEPT,BRED,OR MAINTAINED FOR ANY COMMERCIAL
(11) GARBAGE AND REFUSE DISPOSAL
NO LOT OR TRACT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND FOR RUBBISH.
TRASH,GARBAGE OR OTHER EQUIPMENT FOR THE STORAGE OR DISPOSAL OF SUCH
MATERIALS SHALL BE KEPT IN A CLEAN AND SANITARY CONDITION.
(12) j
ALL PLUMBING FACILITIES SHALL COMPLY WITH THE REQUIREMENTS OF THE PLUMBING
CODES OF THE CITY OF TIGARD. NO OUTDOOR OVERHEAD WIRE OR SERVICE DROP FOR THE
I;.1: y1 • ► • ' 4M; AO' ; ey • ; ; 1 .80 „10116. V • ► ' 1; .•.: • • ; : .1
�• ' • ./ ; • ; • 1:1' ; ' 1; Mr 1; '111' i• ; 14 : 11 • )1L•:• ; • /
• ; b1 1 ' . 44 I • ; 0 : 41 . I\PSI :/01:11► kI;l ; 11. 111:/.1A; • .• !�
./01:14, 1:1 - 1: I L/ .I • I. 1:1 It :1 It . I 404 ..-. .• ; , .11 �, . .3:
1■ I ; ; • J.11 Y/ •1 ./1; '. • .b 1:1' 1; ; ' 01 . ►II 1:1' 'fi; *11 1; • 1!
1.1 ; • . • 0:1 1.11 ; : • 101 A1; • ; 0' ' 4: • .1' 001 ' :
• ; • / 1 1 . • 1 II I -.1:I .' • ; 1 • 1; : 1. toI '.' U► • ; ; ',MAL/I► I A/ •1 .'. : ►II
• ; • ./ • : ►1 ,1I►11 • . ; ',WOO 1. . 01;1 ; 11_ • 1: I L/.'1 • .
(13) MAINTENANCE
ALL LOTS,AT ALL TIMES,SHALL BE KEPT IN A NEAT AND ORDERLY CONDITION FREE OF
BRUSH,VINES,WEEDS,DEBRIS,AND THE GRASS THEREON CUT OR MOWED AT SUFFICIENT
INTERVALS TO PREVENT CREATION OF A NUISANCE OR FIRE HAZARD.
PAGE THREE OF SIX
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(14) BUSINESS AND COMMERCIAL USES
NO GOODS,EQUIPMENT,VEHICLES,MATERIALS OR SUPPLIES USED IN CONNECTION WITH
ANY TRADE,SERVICE OR BUSINESS SHALL BE KEPT OR STORED OUTSIDE OF THE HOUSE OR
GARAGE ON ANY LOT,EXCEPTING THE RIGHT OF ANY HOME BUILDER AND THE DECLARANT
TO CONSTRUCT RESIDENCES ON ANY LOT,TO STORE CONSTRUCTION EQUIPMENT AND
MATERIALS ON SAID LOTS IN THE NORMAL COURSE OF SAID CONSTRUCTION.
(15) LANDSCAPE COMPLETION
ALL FRONT YARD LANDSCAPING MUST BE COMPLETED WITHIN SIX(6)MONTHS FROM THE
DATE OF POSTING NOTICE OF COMPLETION OR THE DATE OF OCCUPANCY OF THE
RESIDENCE CONSTRUCTED THEREON,WHICHEVER OCCURS FIRST.
(16) ANTENNAS AND SERVICE FACILTTIL
EXTERIOR ANTENNAS SHALL NOT BE PERMITTED TO BE PLACED UPON THE ROOF OF ANY
STRUCTURE ON ANY LOT. CLOTHES LINES AND OTHER SERVICE FACILITIES SHALL BE
SCREENED SO AS NOT TO BE VIEWED FROM THE STREET OR OTHER LOTS. ANTENNA
SATELLITE DISHES ARE NOT ALLOWED ON ANY LOT.
(17) EXTERIOR MATERIALS AND FACILITIES
EACH DWELLING SHALL BE CONSTRUCTED WITH A MINIMUM SQUARE FOOTAGE PER
ARTICLE II,PARAGRAPH 2,FULLY FINISHED,EXCLUDING NON-HABITABLE APPURTENANCES
SUCH AS GARAGES OR ENCLOSED PORCHES.
EACH DWELLING SHALL BE CONSTRUCTED USING CONVENTIONAL DOUBLE WALL WOOD
FRAMING. -
SIDING MATERIAL SHALL BE NATURAL WOOD MATERIAL OR HAVE THE APPEARANCE OF
NATURAL WOOD,MASONRY BRICK,STONE,STUCCO,OR A COMBINATION OF THESE. T-111
TYPE SIDING OF ANY KIND IS NOT ALLOWED. LP SIDING IS ALLOWED. PLYWOOD PANEL
SIDING WILL NOT BE ALLOWED.
ASPHALTIC COMPOSITION ROOFING MATERIAL WILL BE PERMITTED ONLY IF THE TYPE
AND COLOR IS APPROVED BY THE DECLARANT. ANY ROOFING MATERIAL OTHER THAN
WOOD OR TILE WILL BE SUBJECT TO THE APPROVAL OF THE DECLARANT.
NO ALUMINUM WINDOW FRAMES OF ANY KIND WILL BE PERMITTED.
THE LOCATION,COLOR,SIZE,DESIGN,OR OTHER PARTICULARS FOR PAPER DELIVERY
BOXES SHALL BE SUBJECT TO APPROVAL OF THE DECLARANT.
ARTICLE al
ARCHITECTURAL CONTROL
(1) ARCHITECTURAL CONTROL SHALL BE BY THE DECLARANT. ALL PLANS AND
SPECIFICATIONS OF HOUSES TO BE CONSTRUCTED IN PACIFIC RIDGE SHALL BE APPROVED
BY THE DECLARANT. IN THE EVENT THAT THE DECLARANT FAILS TO APPROVE OR
DISAPPROVE OF THE PLANS AND SPECIFICATIONS WITHIN THIRTY(30)DAYS AFTER THEY
HAVE BEEN SUBMIITTED,OR IN ANY EVENT,IF NO SUIT TO ENJOIN CONSTRUCTION HAS BEEN
COMMENCED PRIOR TO THE COMPLETION THEREOF,APPROVAL WILL NOT BE REQUIRED
AND THE RELATED COVENANTS SHALL BE DEEMED TO HAVE BEEN FULLY COMPLIED WITH.
PAGE FOUR OF SIX
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ARTICLE N
GENERAL PROVISIONS
(1) TERM
THESE COVENANTS ARE TO RUN WITH THE LAND AND SHALL BE BINDING ON ALL PARTIES
AND ALL PERSONS CLAIMING UNDER THEM UNTIL AMENDED OR REVOKED IN THE MANNER
PROVIDED HEREIN. THESE COVENANTS CAN BE TERMINATED AND REVOKED OR AMENDED
ONLY BY DULY RECORDING AND INSTRUMENT WHICH CONTAINS AN AGREEMENT
PROVIDING FOR TERMINATION AND REVOCATION OR AMENDMENT,AND WHICH IS SIGNED
BY THE OWNERS OF A MAJORITY OF ALL OF THE PLATTED LOTS IN PACIFIC RIDGE.
(2) ENFORCEMENT
SHOULD ANY PERSON VIOLATE OR ATTEMPT TO VIOLATE ANY OF THE PROVISIONS OF
THESE COVENANTS,ANY PERSON OR PERSONS OWNING ANY REAL PROPERTY EMBRACED
WITHIN THE PLAT,INCLUDING THE DECLARANT,AT ITS OR THEIR OPTION,SHALL HAVE
FULL POWER AND AUTHORITY TO PROSECUTE ANY PROCEEDING AT LAW OR IN EQUITY
AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY OF SAID
COVENANTS,EITHER TO PREVENT THE DOING OF SUCH OR TO RECOVER DAMAGES
SUSTAINED BY REASON OF SUCH VIOLATION. FAILURE BY ANY OWNER TO ENFORCE ANY
COVENANT OR RESTRICTION HEREIN CONTAINED SHALL IN NO EVENT BE DEEMED A.
WAVER OF THE RIGHT TO DO SO THEREAFTER.
(3) EXPENSES AND ATTORNEY'S FEES
IN THE EVENT ANY PERSON OR PERSONS OWING ANY REAL PROPERTY EMBRACED WITHIN
THE PLAT OF PACIFIC RIDGE INCLUDING THE DECLARANT,SHALL BRING ANY SUIT OR
ACTION TO-ENFORCE THESE COVENANTS,THE PREVAILING PARTY SHALL BE ENTITLED TO
RECOVER ALL COSTS AND EXPENSES INCURRED BY HIM IN CONNECTION WITH SUCH SUIT OR
ACTION,INCLUDING SUCH AMOUNTS AS THE COURT MAY DETERMINE TO BE REASONABLE
ATTORNEY'S FEES AT TRIAL AND UPON APPEAL THEREAFTER
(4) SEVERABILITY
INVALIDATION OF ANY ONE OF THESE COVENANTS BY JUDGMENT OR COURT ORDER SHALL
IN NO WAY AFFECT ANY OF THE OTHER PROVISIONS WHICH SHALL REMAIN IN FULL FORCE
AND EFFECT.
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(5) LIMITATION OF LIABILITY OF DECLARANT
NEITHER DECLARANT NOR ANY OFFICER OR SHAREHOLDER THEREOF SHALL BE LIABLE TO
ANY OWNER OR THIRD PARTY ON ACCOUNT OF ANY ACTION OF DECLARANT OR ON
ACCOUNT OF ANY FAILURE OR REFUSAL TO ACT OF DECLARANT,IN PERFORMING ANY
DUTIES SPECIFIED HEREIN. IN ANY EVENT, THE OBLIGATIONS OF DECLARANT,AS
EXPRESSED HEREIN,SHALL TERMINATE AS OF THE DATE DECLARANT OR PACIFIC RIDGE
INC.(IF DECLARANT TRANSFER OWNERSHIP OF LOTS 0 4&M 8 TO PACIFIC RIDGE INC.)
CONCLUDES ITS SALE OF LOTS M 4,&M 8 IN PACIFIC RIDGE SUBDIVISION,ALTHOUGH
THE CONVENANTS EXPRESSED HEREIN CONTINUE TO RUN WITH THE LAND AND CONTINUE
TO BE BINDING UPON,AND ENFORCEABLE BY,THE PROPERTY OWNERS OF PACIFIC RIDGE.
SUBDIVISION.
IN WITNESS WHEREOF THE UNDERSIGNED BEING THE DECLARANT HEREIN,HAS HERETO SET
ITS HAND ON THE 1'`r'DAY OF MARCH 1994.
THE PETRIE COMPANY QF()SEWN INC.,(AN OREGON CORPORATION)
BY: Ct
CRAIG A.P
ITS: PRESIDENT
THIS CERTIFIES THAT ON THE ILDAY OF MARCH,1994 BEFORE ME APPEARED CRAIG A.
PETRIE WHO BEING DULY SWORN DID SAY THAT HE IS THE PRESIDENT OF THE PETRIE
COMPANY OF OREGON INC.AND ACKNOWLEDGED TO ME THAT HE EXECUTED THIS
DOCUMENT FREELY AND VOLUNTARILY AND AS AN INDIVIDUAL.
NOTARY PUBLIC FOR OREGON OFFICIAL SEAL.
JUDITH K.LYNN
MY COMMISSION EXPIRES ON 1- 1 NOTARY PUBLIC OREGON
MY COMMI(i1I0N t-oilin@ MANN 1,1M1
•
AFTER RECORDING RETURN TO:
THE PETRIE COMPANY OF OREGON INC.
9600 S.W.CAPITOL HIGHWAY
PORTLAND OREGON 97219
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