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Ordinance No. 07-09 QTY OF TIGARD,OREGON. TIGARD CITY COUNCIL ORDINANCE NO. 07- 0 AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD DEVELOPMENT CODE AND COMPREHENSIVE PLAN POLICIES THAT ARE MORE RESTRICTIVE THAN THOSE IN PLACE ON DECEMBER 7, 1992 WHEN THE 1.14 ACRES LOCATED SOUTH OF MCDONALD STREET AND EAST OF SW 100THAVENUE (WCIM 2S111BB, TAX LOT 00500) WAS PURCHASED BY ROBERT E.RUEDY, AND TO ALLOW DEVELOPMENT UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THAT TIME, SUBJECT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL(M372006-00006). V)HEREAS,the voters of the State of Oregon passed Ballot Measure 37 in 2004;and WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for reduced property value or waive the regulations where property is owned prior to the adoption of land use regulations;and WHEREAS, a claim was made by Robert E.Ruedy in the amount of$600,000.00 as the reduction in the value of the property under the current Tigard Development code;and WHEREAS Robert E. Ruedy has owned the property since December 7, 1992 preceding the current Tigard Development Code and other applicable standards; NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The attached staff report and vicinity map (Exhibit A) and applicant's materials (Exhibit B) are hereby adopted as findings. SECTION 2: A waiver from the Tigard Development Code Standards is hereby granted to Robert E. Ruedy to apply for Site Development Review under the code and zoning that was in place on December 7, 1992. Once. Robert E. Ruedy ceases to be the owner, however, any expansion or major modification beyond development applied for during this ownership shall be subject to the land use regulations in effect at the time of application. SECTION 3: This waiver applies to the property south of McDonald Street and east of SW 100th Avenue in Tigard addressed as 14185 SW 100th Avenue, and legally described as WCTM 2S111BB,Tax Lot 00500. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By U Aa-MYVU-5 vote of all Council members present after being read by number and title only,this cR LJ -day of4 alio �_ ,2007. ORDINANCE No. 07- ©9 Page 1 C Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this ay of ,2007. e Craig en,Mayor Approved as to form: Caty Attorney Date ORDINANCE No. 07- Oq Page 2 EXHIBIT A Agenda Item. Hearin Date: April 24 2007 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCII: FOR THE CITY OF TIGARD, OREGON 180 DAY CLAIM PROCESSING PERIOD --5/30/2007 SECTION I. CLAIM SUMMARY FILE NAME: RUEDY PROPERTY COMPENSATION CLAIM CITY CASE NO: Measure 37 Claim(M37) M372006-00006 CLAIMANT: Robert E.Ruedy OWNERS: Same 14185 SW 100 'Avenue Tigard, OR 97224 CLAIM: The amount claimed as compensation is $600,000.00 for the loss of six lots at$100,000 each. AFFECTED REGULATION: The Claimant seeks a waiver of,.unspecified "City of Tigard comprehensive plan change; and other changes that may have impacted the comprehensive use of the property within its current zoning at the time of original purchase in 1992 until the present." The applicant's supporting materials refer generally to Chapter 18.510, Residential Zoning Districts. No specific code provisions are cited.Furthermore,the claimant provides no specific development plan,but instead offers a list of development options.Because the compensation claimed is for loss of six single-family lots,staff has limited its review to that development scenario. ZONING DESIGNATION: R-12: Medium Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. LOCATION: 14185 SW 100t'Avenue;WCI'M 2S 111BB,Tax Lot 00500. APPLICABLE CODE CRITERIA: Municipal Code Chapter 1.20. SECTION II. STAFF RECOMMENDATION Staff recommends that the City Council review the following report and determine whether the claim is valid. Staff further recommends that Council deny the monetary claim and waive the regulations as described in the conclusion section of this report. RUEDY PROPERTY COMPENSATION CLAIM STAFF REPORT"72006-00006) PAGE 1 OF 6 CITY COUNCIL HEARING 4/24/2007 SECTION III. BACKGROUND The subject 1.14-acre parcel is located south of McDonald Street and east of SW 100'x'Avenue and is developed with a single-family residence built in 1954. The parcel is part of the November 1, 1906 Tigardville Heights subdivision. The parcel is currently zoned R-12, which was also the zoning designation at the time the claimant acquired the subject parcel(September 1991 Comprehensive Plan Zoning Districts map). SECTION III. APPLICABLE CRITERIA AND FINDINGS Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall first submit a claim to the City. A claim under Measure 37 must be in writing and include: A. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the property. The claimant identifies the property as "14185 SW 100'' Avenue, Tigard, OR, 97224; WCTM 2S111BB, Tax Lot 00500. B. The name and contact information of the person making the claim, the date the Claimant acquired the property, and, if applicable, the date that a family member of Claimant acquired the property and the names and relationships of family members that are previous owners. The name and contact information of the person making the claim is Robert E. Ruedy, 14185 SW 100th Avenue, Tigard, OR 97224;Phone: (503) 620-5997. The propertywas acquired bythe claimant and his wife,Donna Ruedy, on December 7, 1992 as shown in the Warranty Deed for the property. A Bargain and Sale Deed, dated June 17, 2005 conveyed Dona Ruedy's interest to Robert Ruedy,who is presentlythe sole owner. C.A list of all persons with an ownership interest in or a lien on the property. The claimant is the sole owner of the subject property. D. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. The claimant states that the "City of Tigard Comprehensive Plan change, and other changes may have impacted the comprehensive use of said property within its current zoning at the time of original purchase in 1992, until the present." The claimant generally refers to 'IDC Chapter 18.510, Residential Zoning District regulations and to potential restrictions associated with streets, stormwater mitigation, irrigation wells, trees, variances and conditional uses. The claimant asserts that the number of lots allowed under the current code is reduced by six and that the restrictions reduce the value by$600,000 (6 lots at$100,000 each). Because the claimant does not identify specific standards and does not provide information to substantiate the compensation claim, there is some question as to whether the claimant has provided sufficient detail to asses the claim. Furthermore, the proposed single-family residential use and the proposed density are the same now as prior to the claimant's ownership.However,in his submittal materials,the claimant lists items such as street improvement requirements (widths, cul-de-sac radii, hammer-head dimensions) which could marginally limit the available property for development. RUEDY PROPERTY COMPENSATION CLAIM STAFF REPORT(M372006-00006) PAGE 2 OF 6 CITY COUNCIL HEARING 4/24/2007 E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation, and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. The claimant states a preference for"either or both,compensation for, or waiver of,the regulation." The claimant did not submit a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. The claimant proposes several development scenarios including: • Dividing the property into two lots, one for the existing single-family dwelling, and the other for multi- family housing, group care residential,family day care, group residential treatment,or hospital; or • Dividing the property into 12 lots (in addition to the existing single-family residence) for mobile homes, manufactured homes,townhouses;or • Dividing the property into 6 lots (in addition to the existing single-family residence) as multi family units, duplex residential units, or single-family attached. F. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. The claimant states the amount of just compensation is the "loss of six units at $100,000.00 each," or$600,000.00. The claimant has not provided an appraisal or market analysis of the subject property to support the claim. The claim is based on the unsubstantiated assertion that at the time of purchase, 12 lots could have been developed, and that under current regulations only 6 lots would be allowed. G. The name and contact information of the Claimant's authorized representative or representatives, if applicable. NA Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In deciding the claim,the Decision Maker may take any of the following actions: 1. Deny the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property. The regulation cited by the claimant, TDC 18.510, includes allowable uses and residential zoning district development standards, Tables 18.510.1 and 18.510.2, respectively. The claim is based on the loss of six lots for allowed uses. Yet, a brief staff analysis shows that 12 to 13 lots for single-family use may be allowed under current standards. Staff finds that current regulation does not restrict the type of uses the claimant has proposed or the density of use proposed. It appears that the claimant believes that development standards for such items as water quality and street standards would restrict development even though he has not explored variances or adjustment allowed by the present code. Therefore,the claim could be denied. Note: As there has been no litigation on this issue,the claimant could go to court for a determination of the basis of a denial. RUEDY PROPERTY COMPENSATION CLAIM STAFF REPORT"72006-00006) PAGE 3 OF 6 CITY COUNCIL HEARING 4/24/2007 b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. The claimant has not submitted information to support the proposed compensation. The claimant has not provided information on which to base a reduction in fair market value as determined by the difference between the market value of the property as is with current regulations and the market value of the same property without the regulations adopted since the property was acquired that reduce the value of the property. Therefore, the claim could be denied. Note: As there has been no litigation on this issue,the claimant can go to court for a determination of the basis of a denial. c.The claim was not timely filed. The claim was filed within two years of passage of Measure 37. It was timelyfiled on December 1,2006. d. The Claimant is not the current property owner. According to the title information,the claimant is the current property owner. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. The claimant has owned the property since December 7, 1992. The Claimant owned the property at the time the cited regulation was adopted. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. 'IDC 18.510 includes regulations with respect to residential uses and development standards neither of which are considered nuisance laws. g. The regulation is required by federal law. TDC 18.510 consists of land use regulations, which are typically in the domain of local governments and not required by federal law, as is the case with these regulations. h. The regulation protects public health and safety. The regulations in 18.510 have the purposes to preserve neighborhood livability and encourage construction of affordable housing. Zoning districts are described, uses are listed, minimum and maximum density is established and development standards are provided for lot size,width, setbacks, building height, lot coverage and landscaping. In addition, 18.510.050.A.2 requires all development to comply with all other applicable standards and requirements contained in this title (Title 18,Development Code). Arguably, setback requirements are designed for the benefit of public health and safety, as they ensure a minimum outdoor open space and adequate emergency access between buildings, specifically, and protect the livability of existing and future neighborhoods, generally. RUEDY PROPERTY COMPENSATION CLAIM STAFF REPORT P72006-00006) PAGE 4 OF 6 CITY COUNCIL HEARING 4/24/2007 i. The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or enforced by the City. The City enacted the present zoning designation and development standards, and is therefore, the jurisdiction responsible for payment,if payment is required. j. The City has not taken final action to enforce or apply the regulation to the property for which compensation is claimed. Although pre-application conferences were held in March, August, and October of 1992 for several proposed development scenarios, no detailed development plan or land use proposal has been reviewed or final action taken to apply the challenged regulations to the subject property. k.The City has not established a fund for payment of claims under Measure 37. No such fund has been established at this time. If the City finds the claim to be a valid claim,the City should waive the regulation and deny the claim for compensation. 1. The Claimant is not legally entitled to compensation for a reason other than those listed in subsections a through k. The basis for this finding must be clearly explained. Staff finds no other reasons,aside from those already listed,to deny the claim. 2. Pay compensation, either in the amount requested or in some other amount supported by the evidence. If the City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that purpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City may record that waiver with the County Recorder. The City Council will need to make a determination of whether funds may be appropriated to pay any valid claim. Staff finds that the evidence does not support the compensation request, and suggests that any claim paid be subject to development review and an appraisal to determine the appropriate value of the claim. But clearly,the City has not appropriated any funds for compensation and staff recommends instead that the Council opt for waiver of any affected regulations. 3. Waive or not apply the regulation to allow the owner to use the property for a use permitted at the time the Claimant acquired the property. Staff notes that it appears that the claimant's proposed 13-lot development under the present zoning could be approved and suggests that a development plan be filed to determine to what extent the regulations, in fact, affect the property. Without this review, Staff recommends that a general waiver of applicable rules may be granted, and that any waiver shall run with the person, and not the land. The waiver would require the claimant to apply for land use under the substantive standards in effect as of December 7, 1992, and use the current development review process for the type of application made. 4. Modify the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific property only unless the City follows the procedure for a legislative land use decision. RUEDY PROPERTY COMPENSATION CLAIM STAFF REPORT"72006-00006) PAGE 5 OF 6 QTY COUNCIL HEARING 4/24/2007 No specific regulation has been cited by the claimant. Staff notes that it appears that the claimant's proposed 13-lot development under the present zoning could be approved, and suggests that a development plan be filed to determine to what extent the regulations, in fact, affect the property. Staff recommends that any modification of applicable rules to avoid compensation be considered subject to development review, and that any waiver shall run with the person, and not the land. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date shall allow the City time to process the contributions and pay compensation. No contributions for compensation have been identified at this time. The Decision Maker may take other actions it deems appropriate in individual circumstances, may modify the listed actions, and/or may combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to negotiate,the matter shall be set for further action by the Decision Maker no less than 175 days from the date of the notice of claim became complete. The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determines the claim is valid. If Council finds the claim is valid and wishes to negotiate an acceptable solution with the Claimant,the matter shall be set for further action by Council by May 22,2005 and for final action by May 30,2007. A decision by a Decision Maker other than Council shall not be a final decision, but shall be a recommendation to Council. This report represents only a recommendation to the City Council and is not a final decision of the City. SECTION IV. CONCLUSION Staff finds that there is no basis for a compensation claim and suggests the City Council could deny the claim. However, because of the ambiguity of the claim with respect to the intended use and the affected regulations, staff recommends Council waive any regulations that may be affected, subject to development review for a specific development proposal. The particular terms of the waiver are described in the attached ordinance. April 10,2007 PREPARED BY: Gary Pagenstecher DATE Associate Planner RUEDY PROPERTY COMPENSATION CLAIM STAFF REPORT(ND72006-00006) PAGE 6 OF 6 QTY COUNCIL HEARING 4/24/2007 LL N o IIo _� II p II W Az o Ho�o� E aII II �..� G��nH c. �� a r 3 ~v O v IIo IIw W111 o to w II li P'a o N cu --_ 97TH o w Id H1L6 cn — O J w SAV H186 z l� H186 w N i MEIIALU Y Q � W 00 W�E - > m GG G � w U _ ---� N Hsy _ 10-O _z E �102NtDAVE- Lij 1-033RD V E w 1 � I 3nb H1ti0!- Q m ] z--------- w �—I— illi z a o U a a) 0 1 HOZ y� --3333-- 3333-- nnnn _ =_0 EXHIBIT B PROCEDURE FOR BALLOT MEASURE 37 Lrz COMPENSATION CLAIM City of TigardPmdt Center 13125 SWHall Blzd, Tigard OR 9 72 23 Phone• 503.639.4171 Fax:503.598.1960 The claim must be in writing and include the information listed below. The claim shall not be considered filed until all of the requirements of the 22Eedure are met. �gp i'3 b— P)prr 3b FOR STAFF USE ONLY Case No.: 11-71 0.0'(6-y,3oa;(, . Application Accepted B3,- Date: yDate: ►z//o y 4 9c9IF_2- 5"e1Y Date Determined Complete: Deposit: ILM(Deposit to be refunded if claim is determined to be valid.'If claim is denied and ultimately determined invalid,the claimant shall reimburse the City for the costs the Cay incurs in processing the claim. If reimbursement exceeds the deposit,the claimant shall pay any additional amount within 30 days of a demand bythe City for full ayment. If costs are less than the deposit,the difference will be refunded to the claimant) IDENTIFICATION OF AFFECTED PROPERTY Property Street Address/Location(s): {-+(g S '� k [ Z5 O'�ihu-'E� uazos� Tax Map&Tax Lot#(s): 2-5-4_1 &6 -Gb 5 o Subdivision Lot#(s): WA-f-y? 44: CLAIMANT INFORMATION Property Owners/Claimants/DeedHolders Address: 14A SS 5;W ( (S() 6- Phone: X2_0 -�`�`��7 Phone: City/State:' cc,kp-,b � �Y� Zip:. (Attach list if more than one) Date Claimant Acquired Property: beCj 7rW Ia. Date Family Member of Claimant Acquired Property(if applicable):_N Av Names and Relationships of FamilyMembers that are Previous Owners (if applicable): (Attach list if additional space is needed) Lien/SecurityInterest Holders of the affected property: 'k-le,� VK01'e-7z; G Address: Phone: City/State: (Attach list if more than one) Zip. When the owner and the applicant are different people, all owners of the affected property.must sign this application in the space provided on the back of this form. If the affected property is owned by two or more persons and not all owners seek compensation,all owners who do not seek compensation shall sign a waiver of the right to compensation. • i REGULATION RESTRICTING USE Identify the regulation that is alleged to restrict use of affected property. Provide a statement describing how the restriction affects the value of the property. (Attach additional materials as necessary) Clam( e -nci Psi D'E Sal(C\ a0 Y2rf L`L 1/J tis C'-�� n 414 AfT_� 1366_-Ti 46 � a� CS�'L r�r n(!�C. P 11►2C64/d�� !n� CLAIM PREFERENCE Provide a s te, p t of whether claimant prefers compensation or a waiver,suspension,or mocation of the regulation. ari4 7wi/, �(�Jl�/�2S C��IG� l��,��s�,�E�I�S'W-77c�.✓f I72 ,�l t(/.�"?�� Include a statement describing the extent to which the regulation would need to be waived,suspended, or modified to avoid the need for . compensation. A description of the proposed use must be'provided. (Attach additional materials as necessary) 8 Y%-Cf4i'd�_ AMOUNT OF COMPENSATION The amount claimed as compensation Lb SS o F �' Css- PT" $ii)b I.Dw'Co IFN 6 Provide documentation supporting the amount Said documentation shall include a market analysis, appraisal, or other documentation at least equivalent to a market analysis. Claimants'Authorized Representative(s)if applicable. SIGNATURES of each owner of the subject property. DATED'this day of �j ]v`Be�2 ,20 i(LtLl7j �. Owner's Signature Owner's Signature Owner's Signature Owner's Signature Rev.:7/5/06 h\curpin\masters\land use applications ballot measure 37 claim form.doc CITY OF TIGARD 1z/lrluve � 13125 SW Hall Blvd. 4:50:28PM Tigard,OR 97223 503.639.4171 Receipt #: 27200600000000005684 Date: 12/01/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid M372006-00006 [M37-CD]Measure 37 Deposit 100-0000-229080 1,000.00 Line Item Total: $1,000.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check ROBERT E.RUEDY kjp 8586 In Person 1,000.00 Payment Total: $1,000.00 cReceipt.rpt Page 1 of 1 Robert E Ruedy LEI x'ER OF TRAIVISIMITTAL 14185 SW 100th Avenue Tigard, OR 97224-4951 Date: 12/5/06 Job No. Ruedy Property (503) 620-5997 ATTN: K. J. Peerman RE: Measure 37 Claim F' To: Permit Center& Planning Department k City of Tigard, Oregon 13125 SW Hall Blvd. Subject: Supplemental U4 "tforY006 Tigard, Oregon 97223 �I Transmitted are the following: ®Attached ❑Under Separate Cover via the following items: ❑Permit Drawings ❑ General Specifications/Scope of Work ❑ Shop Drawings ❑ Submittals ❑ Samples ❑ Change Order ❑ AutoCAD file(s) ❑As-Built Drawings ❑O&M Manual(s) ❑ Copy of letter ®Other: Supplemental Information as listed below. Item Copies: Dated: Doc. Page Rev. Description: No. No.: No.: No. 1 1 set 12/4/06 M37.10 Pgs 1-14 of 14 1 State of Oregon Measure 37(M37)Claim Form with reference to Exhibits A thru W. 2 Pg. of 3 pg- 4 .4 P . of 5 Pg. of ❑For Approval ❑Approved as Submitted ❑Resubmit sets of copies for Approval ®For Review and Comment ❑Approved as Noted ❑ Submit sets of copies for Distribution ❑For Your Use ❑Returned for Corrections ❑Returned sets of Corrected Prints ❑As Requested ❑For Bids Due /_/ @ AM/PM ❑Price Prior to Proceeding ❑Other: Routed By: ❑Fax Immediately ❑ Courier/Taxi ❑Fed Ex—Priority Overnight ❑UPS—Overnight ❑U.S.Mail—Overnight delivery ❑Fed Ex—Standard Overnight ❑UPS—2nd Day Air ❑U.S.Mail—Standard delivery ®Hand Deliver ❑E-Mail/Modem ❑U.S.Mail-Standard ❑Other Comments: Please attach these documents to the City of Tigard,Measure 37 Claim Form submitted December 1, 2006 awaiting city staff review. Copy to: File RECENEU Signed.7zle- '5;-- DEC 0 5 2006 CITYCP IGARD PLAN NIWENGIf EERINC LEITER OF TRANSMITTAL -12/512006 Page 1 of 1 December 2006,Rev.1 F _ - Risk Management - State Services Division **''•_ _•`**= 1225 Ferry St. SE, Suite 0160, Salem, Oregon 97301-4292 I 69 Web Site: http://www.oregon.. ovq /DAS/Risk/M37.shtml Phone: 503-378-5513 INSTRUCTIONS FOR SUBMITTING A CLAIM This form identifies the information that is required for the State of Oregon to act on a claim made under ORS 197.352 (2004 Oregon Ballot Measure 37). Please complete each box of the claim form, and attach any additional information or evidence that you want to support the claim. Attached documents may not be used to complete sections 1 or 2, or any section that requires a signature. -Claims may only be submitted by an Owner or an Authorized Agent of the Owner. -Claims may only be submitted: in person, by private carrier, by U.S. Postal Service Certified, or by Registered Mail to: Risk Management-State Services Division, 1225 Ferry St. SE, U160, Salem OR 97301 - 4292 -Only Original Signed Claims will be accepted, claims submitted electronically or by facsimile, will not be accepted. ■If you need more space, attach separate sheets of paper as needed, with reference to the appropriate Section number on this form. ■Claim c6teria/requirements may be found in Oregon Administrative Rules 125-145-0010 to 0120 Section NAME AND CONTACT INFORMATION OF ALL CLAIMANTS/PROPERTY OWNERS Enter the name and contact information of each person that this claim is submitted for. Please note,the claimant(s) must own an interest in the property. If the present owner of the property is a business entity(such as a corporation),the claim should be made by an appropriate authorized person on behalf of that entity. It the property has been placed in a trust,the claim should be made by a trustee of the trust. Name of Claimant#1: Robert E. Ruedy Day Time Phone#: (503) 819-7898 or(503) 620-5997 Address: 14185 SW 100th Avenue City: Tigard State: OR Zip: 97224-4951 To file a claim for a particular property, you must own an interest in that property. Please describe what your ownership interest in the property is(e.g.,fee title, contract purchaser, lessee, life estate holder, etc.). Sole Owner via home mortgage of the property described herein. ATTACH ADDITIONAL SHEETS FOR ADDITIONAL CLAIMANTS IF NEEDED Form: M37.10-9-06 Page 1 of 14 ection 2 NAME AND CON, ;T INFORMATION OF PERSON SUBMIT....,G CLAIM (AGENT, IF ANY) If you have an attorney, relative, or some other person who is filing this claim for you, enter the name and contact information of that person. Name of Agent: Robert E. Ruedy Day Time Phone#: (503) 819-7898 Address: 14185 SW 100th Avenue City: Tigard State: OR Zip: 97224-4951 You must attach a written notarized statement signed by the claimant(s), or a Power of Attorney, properly authorizing this person to submit this claim on the claimant's behalf. Attachment: Yes❑ No 0✓ Since I am the Claimant. Section 3 THE PROPERTY THE CLAIM IS FOR Identify the property(ies)the claim is for. You should attach a county tax lot map,with each tax lot the claim is for marked clearly on the map. To assist in the review of your claim, you also are encouraged to obtain and include a copy of the county tax assessor's"plat"or"deed"card for each tax lot your claim is for. Attachment if Applicable ❑ Street Address or nearest intersection: 14185 SW 100 Avenue City (only if within a city): Tigard County: Washington State: OR [Zip: 97224-4951 Tax Lot#(s): 00500 "TIGARDVILLE County Tax Assessor's Map Reference#(s): HEIGHTS", Parcels 13 8: 14 2S111 BB-00500 (Tax Lot 500) Township: 2S Map 23-74Parcel #R0501905 Range: 1W Section: 11 BB On what date did the claimant(s) acquire an interest in each tax lot this claim is for? December 7, 1992 Current Zoning (of each tax lot): R-12, Property Size (acreage of each tax lot): 12 units/acre, 1.14 Acre Minimum lot size: 3050 square feet. What was the zoning of each tax lot when the If the claimant(s) acquired the property from claimant(s) acquired the property? R-12, a "family member" (as defined in ORS 12 units/acre, 197.352), what was the zoning of each tax lot Minimum lot size: 3050 square feet. when the family member of the claimant acquired the tax lot? Property was not acquired from a family member, and was purchased at above market price for its future development potential noted herein. Other Information. If your property is located within a subdivision or partition, please provide a copy of any recorded conditions relating to that subdivision or partition). Attachment: Yes 0✓ No ❑ The "TIGARDVILLE HEIGHTS" Subdivision of November 1st,1906. Form: M37.10-9-06 Page 2 of 14 Section 4 EVIDENCE OF O` ._.ERSHIP Include evidence or information documenting that the claimants) owns an interest in each lot or parcel the claim is for,when the claimant(s) acquired that interest, and that the claimant(s) have continued to own an interest since that date. The information required by this section may be provided in the form of a preliminary title report, if you also include a copy of the deed or other document conveying an interest in the lot or parcel to the claimant(s),along with copies of the exceptions listed in the title report, and a statement that the claimant has owned the property continuously. The following is attached List any attached documents: as proof that the claimant Exhibit A: Deed of Trust (showing date of purchase) and owns an interest in each original purchaser(s). Washington Co. #92088048. lot or parcel: Recorded 12/10/1992. (provide for each claimant, and each lot or parcel, and list all Exhibit B: Deed of Reconveyance on September 1, 1998 (showing attachments) satisfaction of original "Home Savings Bank" primary At a minimum, you must mortgage loan #1504113. Washington Co. #98125411. include a copy of the Recorded 11/06/1998. document conveying an Exhibit C: Deed of Trust on January 8, 2002 (showing refinance interest in the lot or primary mortgage with "Wells Fargo Home Mortgage" parcel to the present loan #23085681. Washington Co. #2002-004944. owner(s) of each Recorded on 01/14/2002. property. Normally, this Exhibit D: Short Form Line of Credit Deed of Trust on February will be a deed. 16, 2005 (showing satisfaction of security interest in property). Washington Co. #2005-027433. Recorded 03/15/2005 Exhibit E: Deed of Reconveyance on March 14, 2005 (showing satisfaction of secondary mortgage with "Wells Fargo Financial National Bank" loan #6546 5447 9991 70001. Washington Co. #2005-029520 Recorded on 03/21/2005. Exhibit F: Bargain and Sale Deed on June 17, 2005 conveying property to Robert E, Ruedy only as sole owner. Washington Co. #2005-069310 Recorded 06/17/2005 Exhibit G: Oregon Measure 37 Property Use Concerns and Impacts listing Exhibit U: Tax Map indicating the claim property (3 each) Form: M37.10-9-06 Page 3 of 14 Is the property in a Trust? ❑Yes 0✓ No If yes, please provide the date of the trust. Date Property Placed in Trust: Not applicable at this time If yes, is the trust Revocable or Irrevocable? ❑ Revocable ❑ Irrevocable Not applicable at this time If yes, are you filing on behalf of the Trust, as an Individual, or both? ❑Trust ❑ Individual ❑ Both Not applicable at this time If yes, please attach a certificate of trust indicating who the current trustees of the trust are. Not applicable at this time. Is the Property owned by ❑Yes 0✓ No a Corporation, by a Partnership, by a Limited Liability Company, or by a Limited Liability Partnership? If yes, please provide the name of the business Name of business entity: Not applicable. entity that owns the property and the date on which the business entity acquired the property. Form: M37.10-9-06 Page 4 of 14 Section 6 State Law, ,hat Restrict Your Desire. Use of the Property Identify the state Land Use Regulations that the Claim is based on, and describe how each restricts the desired use of the Property you described in Section 5. If you believe that state land use regulations, other than those enforced by the Department of Land Conservation and Development(DLCD or LCDC) restrict your desired use, then you must specifically identify those land use regulations and describe how they restrict your desired use. Attach additional narrative if you need more space. Law or Rule: City of Tigard (COT) Describe how this State land use regulation restricts your Land Use Chapter 18.510 updated desired use of the Property: See below references needed code dated June, 2002, and for evaluating M37 cost impacts: These reflected code and other related restrictions will reduce the remaining preceding code, other related COT developable portion of the property to a maximum density and Non-COT related restrictions, of only 6 lots and/or units, or other losses of use and/or and/or Local Fire, Life, Safety reduced maximum density described in section 5 above. regulation/ordinance # The loss would be the remaining 6 lots and associated restrictions. units originally planned for when purchased in 1992. These are viewed by the Property Owner as Measure 37 Claim Impacts. Attachment if Applicable: Yes 0 See Exhibits G thru R Law or Rule: City of Tigard Land Use Describe how this State land use regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below references needed for evaluating M37 cost impacts: With an increase in Code Update, other related COT and required road widths,cul-de-sac radii, hammer-head Non-COT related restrictions, and/or lengths and hammer-head intersection radii,this Local Fire, Life, Safety ordinance will significantly reduce the available property regulation/ordinance # capable of being developed. The impact of this is severe restrictions. as the maximum density that was in effect on 12/10/1992 when the property was originally purchased is unachievable under current COT"R-12 Zoning Use" code, and benefits minimally by improvements to the zoning density from that 1992 timeframe. Because of this the maximum density will not be achieved for the property and will be significantly less than 80%of the developable land, thereby minimizing it by 6 lots,and also almost certainly require the deeding of parks and wider"public"streets to the City. An attempt to comply with current use codes and other restrictions and/or use requirements will therefore add additional fees,development costs,and reviews, variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These are viewed by the Property Owner as Measure 37 Claim Impacts. Attachment if Applicable: Yes 0✓ See Exhibits G thru R Form: M37.10-9-06 Page 6 of 14 Law or Rule: City of Tigard Land Use Describe how this State land use regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below references needed Code Update, other related COT and for evaluating M37 cost impacts: This COT ordinance, and appurtenant COT and Non-COT regulations on use, Non-COT related restrictions, and/or reflects a significant increase the collective storm water Local Fire, Life, Safety run-off collecting,transmission, storage,controlled regulation/ordinance # release, overflow control and down-stream regulation and restrictions. associated costs and fees for property capable of being developed. The impact of this is severe as there was no storm water retention that was in effect on 12/10/1992 when the property was originally purchased,and virtually no transmission or other aspects of its migration characteristics. When compared to current COT"11-12 Zoning Use"code,the improvements are significant as are the cost impacts. Because of this impact on the property, there appears to be a need for Measure 37 impact analysis and resolution. Any similar restrictions on use due to changes in the impervious surface quantities,surface water drainage,collection,etc.will also need to be considered a Measure 37 Impact. An attempt to comply with current use codes,and other restrictions and/or use requirements will therefore add additional fees, development costs,and reviews,variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These are viewed by the Property Owner as Measure 37 Claim Impacts. Attachment if Applicable: Yes 0✓ See Exhibits G thru R Law or Rule: City of Tigard Land Use Describe how this State land use regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below references needed Code Update, other related COT and for evaluating M37 cost impacts:This COT ordinance,and appurtenant COT and Non-COT regulations on use, Non-COT related restrictions, and/or reflects an inability to install one or more irrigation water Local Fire, Life, Safety wells that were possible for the existing property and the regulation/ordinance # additional portion of the property that is capable of being restrictions. developed. The impact of this is severe as the only water available for irrigation is the potable City Water system, which not only is a waste of quality potable city water for irrigation needs, but also a financial hardship imposed on the negative impact relating to the allowed use that was in effect on 12/10/1992 when the property was originally purchased. Because of this impact on the property,there appears to be a need for Measure 37 impact analysis and resolution. Any similar restrictions on use due to changes in the water rights for this property will also need to be considered a Measure 37 Impact. An attempt to comply with current use codes,and other restrictions and/or use requirements will therefore add additional fees, development costs,and reviews,variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These will be viewed as Measure 37 Impacts. These are viewed by the Property Owner as Measure 37 Claim Impacts. Attachment if Applicable: Yes Q✓ See Exhibits G thru R Form: M37.10-9-06 Page 7 of 14 Law or Rule: City of Tigard :id Use Describe how this State land, _a regulation restricts your Chapter 18.510 within the 06/2002 desired use of the Property: See below references needed Code Update, other related COT and for evaluating M37 cost impacts: This ordinance will significantly increase the landscaping requirements, Non-COT related restrictions, and/or including but not limited to the tree aspects,for the entire Local Fire, Life, Safety property and its future R-12 Use area capable of being regulation/ordinance # developed. The impact of this is severe as the restrictions. landscaping requirements that were in effect on 12/10/1992 when the property was originally purchase was minimal when compared to the current COT"R-12 Zoning Use" code. Because of this the landscaping percentage of area would be significantly impacted,and therefore be not only a Use impact but also a financial hardship imposed on the negative impact relating to the allowed use that was in effect on 12/10/1992 when the property was originally purchased. An attempt to comply with current use codes and other restrictions and/or use requirements will therefore add additional fees,development costs,and reviews, variances and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. These are viewed by the Property Owner as Measure 37 Claim Impacts. Attachment if Applicable: Yes R✓ See Exhibits G thru R Law or Rule: City of Tigard (COT) Describe how this State land use regulation restricts your Land Use Chapter 18.510 updated desired use of the Property: See below references needed code dated June, 2002, and for evaluating M37 cost impacts: It is unknown how the referenced code has changed since December 1992 preceding code, other related COT regarding the granting of"Variance"and"Conditional Use and Non-COT related restrictions, Permitting" requests,therefore its Measure 37 Claim and/or Local Fire, Life, Safety Impact is also unknown. A change in the methodology regulation/ordinance # used and/or decision results for the entire process could restrictions. provide Measure 37 Claim Impacts when compared to the methodology and decision process that was in effect on 12/10/1992 when the property was originally purchased. In the event there is an impact,the Property Owner will view it as a Measure 37 Claim Impact. This would be a multiple aspect impact that involves the earlier 1992 request and approval process when compared to the current 2006 process, but also a financial hardship imposed on the negative impact relating to the allowed use from any negative result from the process when compared with the process that was in effect on 12/10/1992 when the property was originally purchased. An attempt to comply with current"variance, "Conditional Use",and/or other submission and approval processes, code and/or other restriction(s)compliance,and/or use requirements will therefore add additional fees,development costs,and reviews, variances,waivers,conditions and appeals, plus other ancillary aspects of cost due to the negative impacting changes since the original 1992 code. In the event there are impacts,These too the Property Owner will view it as a Measure 37 Claim Impacts. Attachment if Applicable: Yes R✓ See Exhibits G thru R Form: M37.10-9-06 Page 8 of 14 Law or Rule: Local Fire, Life, Safety Describe how this State land use regulation restricts your regulation/ordinance #(Pending). desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: Local Fire, Life, Safety Describe how this State land use regulation restricts your regulation/ordinance #(Pending). desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule:State LCDC Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: State LCDC Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: State Fire Marshal Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any, and their significance. Attachment if Applicable ❑ Law or Rule: State Fire Marshal Describe how this State land use regulation restricts your regulation/ordinance #(Pending) desired use of the Property: Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: Tualatin Valley Fire & Describe how this State land use regulation restricts your Rescue F/L/S regulation/ordinance desired use of the Property: #(Pending) Unknown at this time. Research will follow to access the impact(s0, if any,and their significance. Attachment if Applicable ❑ Law or Rule: Tualatin Valley Fire & Describe how this State land use regulation restricts your Rescue F/L/S regulation/ordinance desired use of the Property: #(Pending) Unknown at this time. Research will follow to access the impact(s0, if any, and their significance. Attachment if Applicable ❑ Form: M37.10-9-06 Page 9 of 14 Section 7 Effect on Fair Market Value of the Property By what amount has the enactment or enforcement of each state land use regulation identified in section 6, above, reduced the fair market value of the property? Describe what the basis of your statement is, and attach evidence or provide information to support your statement. Law or Rule: City of Amount of Reduction Basis of Statement: Tigard (COT) Land in Fair Market Value: This ordinance will reduce the property to a maximum density of Use Chapter 18.510 $900,000.00 only 6 units. The loss would be the remaining 6 lots at updated code $150,000.00 per lot, equaling $900,000.00 dated June, 2002, and preceding code and other See Real Estate Comp's within "Exhibits V" related restrictions,and/or Local Fire, Life, Safety regulation/ ordinance Law or Rule: City of Amount of Reduction Basis of Statement: Tigard Land Use in Fair Market Value: This ordinance will reduce the property to a maximum density of Ordinance $300,000.00 50% of available land,thereby minimizing it by 6 lots at # $150,000.00 per lot, equaling $900,000.00 and also require the and/or Local Fire, deeding of parks and streets to the City. It would therefore add an Life,Safety additional $300,000.00 of fees, development costs, and reviews regulation/ and appeals, plus other ancillary aspects of cost. Total financial ordinance impact$1,200,000.00 Which would require the land owner to Deed streets and park, plus to the City of Tigard. Form: M37.10-9-06 Page 10 of 14 Sects on S NAMES AND CON._..:T INFORMATION OF OTHERS WITH INl REST IN THIS PROPERTY Enter the name and contact information of other persons or entities that own an interest in the Property, or attach a preliminary title report. Other ownership interests that should be listed include but are not limited to: (a) Every lessee and lessor of the Property; (b) Every person or entity holding a lien against, or a security interest in,the Property; (c) Every person or entity holding a future, contingent, or other interest of any kind in the Property. This could be other owners, persons holding an easement over your property, banks, mortgage companies, state or federal agencies or entities, programs specific to the use of the property and any and all others with any interest in the property. Some examples could be; a USDA program providing funds for an owner not to grow a particular crop on the land, banks with second,third or other mortgage interest. If using an attachment,the attachment must be submitted in such a format as to easily distinguish the various owners and interest in the property. Name: Wells Fargo Home Mortgage, Doc. Mgmt. Day Time Phone #: (503) 684-6222 Address: PO Box 5137 City: Des Moines State: IA Zip: 50306 Describe Interest in Property: Mortgage Lender security interest Name: Wells Fargo Home Equity Day Time Phone#: (503) 684-6222 Address: PO Box 31557 City: Billings State: MT Zip: 59107 Describe Interest in Property: Mortgage Lender security interest ection 9 AUTHORITY TO ENTER PROPERTY This section of the form authorizes the Department,the Regulating Entity and their officers, employees, agents, and contractors to enter the Property as necessary to verify information, appraise the property, or conduct other business related to this claim. Each person that can restrict access to the property must sign in the appropriate box in this section. VVVe Affix Our Signature(s) to this Form Granting Access to the Subject Property in ANY Manner or Form Deemed Appropriate by State Agency or Agencies for the Review of the Property in Furtherance of the Processing or Handling of this Claim: SIGNATURES OF ALL OWNERS WITH AUTHOR O RESTRICT ACCE Printed Name: Robert E. Ruedy Signature: Interest in Property. Sole Owner of said property. Form: M37.10-9-06 Page 11 of 14 Section 10 IATTACHMENT.Ii. Check the appropriate box for all documents, evidence and supporting information that is attached and included as a part of this claim. Title Report: Deed: Appraisal(s) County Assessor's Plat Card: Yes 0 No ❑ Yes F✓ No ❑ Yes ❑ No 0✓ Yes ❑ No ❑ ??? See "Exhibit T" Comp's: Yes F,71 See "Exhibit V" Affidavits: Tax Lot Map(s) Subdivision or Tax Reductions: Yes ❑ No ❑✓ Yes F,71 No ❑ Partition Yes ❑ No Q See "Exhibit U" Conditions: (3 each) Yes ❑✓ No ❑ Property Tax Statement (proof of ownership): Yes No ❑ See attached "Exhibit S" Participating Federal Programs: Yes ❑ No 0 Other Information: (Explain) Exhibit H: City of Tigard "Chapter 18.54 for R-12 Multiple-Family Residential (12 Units Per Acre)" code update revised and effective January 17, 1991 (Pages 111 thru 113). Exhibit J: City of Tigard "Uses by Zones Matrix" revised and effective June 1986 (7 pages). Exhibit K: City of Tigard "Zoning Regulations Summary: Dimensional Standards" revised and effective March 1997 (2 pages). Exhibit L: City of Tigard "Pre-Application Conference Notes" for Robert Ruedy dated 10/01/1992. Exhibit M: City of Tigard Submission Plat related to the above noted City of Tigard "Pre- Application Conference Notes" for Robert Ruedy dated 10/01/1992. Exhibit N: City of Tigard "Chapter 18.510 Residential Zoning Districts" updated and effective June 2002 to date. Exhibit P: City of Tigard "Pre-Application Conference Notes" dated August 11, 1992 and provided to Robert Ruedy as example submissions with City comments for said R-12 Zoning Use property. Exhibit Q: City of Tigard "Pre-Application Conference Notes" dated March 12, 1992 and provided to Robert Ruedy as example submissions with City comments for said R-12 Zoning Use property. Exhibit R: City of Tigard and Vicinity "Comprehensive Plan Map Ordinance 83-24, Zoning District" dated September 1991. Subject property is highlighted along with the "R-12 Zoning Use" identification. Exhibit S: Washington County "Real Property Tax Statement" for 7/1/06 to 6/30/07 indicating Robert E. Ruedy as the sole owner of said property. Exhibit T: Preliminary Title Report indicating Robert E. Ruedy as the sole owner of said property. Continued on next page 4 4 Form: M37.10-9-06 Page 12 of 14 Exhibit U: 1) Close-up site loc an Tax map from Transnation Title' Acating the claim property highlighted. 2)Washington County Tax Map (letter size - 8-1/2" x 11") indicating the claim property highlighted. 3)Washington County Tax Map (full size - 20" x 24") indicating the claim property highlighted. Exhibit V: Comparable "Residential Use" Properties, from RMLS at a 10 mile radius of claim property. Exhibit W: City of Tigard "Procedure for Ballot Measure 37 Compensation Claim" filing submitted on December 1, 2006(their"deadline" date). Package includes a copy of their$1,000.00 processing fee paid via personal check#8586. (8 pages) Section 11 OTHER CLAIMS FILED List all other governmental entities you or someone on your behalf has submitted claims to regarding the Property involved in this claim. List all claims submitted to the state or other entities relating to this property or any portion thereof on anyone's behalf. You must list all entities even if you only submitted a claim to them for a portion of the Property that is the subject of this claim. Have you submitted a claim to another governmental entity regarding the property listed in this claim? No ❑ Yes F✓ Date: December 1, 2006 (Their M37 Deadline Date) To Whom: The City of Tigard Claim number: Not provided- See attached "Exhibit W" (8 pages) Yes ❑ Date: To Whom: Claim number: Yes ❑ Date: To Whom: Claim number: Yes ❑ Date: To Whom: Claim number: Yes ❑ Date: To Whom: Claim number: ADDITIONAL INFORMATION THAT MAY BE SUBMITTED IN SUPPORT OF THIS CLAIM 1.A report by a certified appraiser that addresses the Reduction in Fair Market Value of the Property resulting from the enactment or enforcement of the cited Land Use Regulation(s)as of the date the Claim was filed; 2.A statement of the effect of the cited Land Use Regulation(s)on any Owner's tax status, including without limitation any tax deferrals or tax reductions related to the cited Land Use Regulation(s); 3. Citation to each Land Use Regulation(s)in effect at the time the owner acquired the property explaining how the use that is now not permitted by the Land Use Regulation(s)set forth in Oregon Administrative Rules(OAR)125-145-0040(9)was permitted at the time the owner acquired the property; 4. Names and addresses of Owners of all real property located within 100 feet of the Property if the Property is located in whole or in part in an urban growthboundary,250 feet of the Property if the Property is located outside and urban growth boundary and not within a farm or forest zone and 750 feet of the Property if the Property is located in a farm or forest zone. Form: M37.10-9-06 Page 13 of 14 I ATTEST THAT I HAVE THE =ORMATION CONTAINED IN THI ,;LAIM IS TRUE AND CORRECT. (Signatures of the claimant(s) and (if the claim is prepared by an agent) any agent of the claimant(s).) C imant#1 Signature Date Agent#1 Signature Date State of Oregon County of Washington Signed and sworn to before me on December 4, 2006 by Robert E. Ruedy (month - day - year) d d d Notary Seal d d d (Notary Public— State of Oregon) oFFiculLWAL CATNEP AMSOLM IMMOTAWRY W 00 A My commission expires: U Form: M37.10-9-06 Page 14 of 14 T :OR TITLE IINSURAACE 92088048 Washington county �s STATUTORY WARRANTY DEED H 18 rT v EVELYN C. BACON Grantor, conveys and warrants to ROBERT E. RUEDY AND DONNA L. RUEDY, HUSBAND AND WIFE Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in WASHINGTON County, Oregon,to wit: THE EAST HALE OF LOTS 13 AND 14, TIGARDVILLE HEIGHTS, IN THE CITY OF TIGARD, .COUNTY -� OF WASHINGTON AND STATE OF OREGON, EXCEPTING THEREFROM THE NORTH 110 FEET OF THE EAST HALF OF SAID LOT 13. �.� THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLI- CABLE PPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING ORACCEPTING THIS INSTRUMENT,THE PERSON ACQUIR- ING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. The said property is free from encumbrances except POWER OF ASSESSMENT OF THE UNIFIED SEWERAGE AGENCY; RIGHTS OF PUBLIC IN AND TO THAT PORTION LYING WITHIN STREETS, ROADS AND HIGHWAYS. The true consideration for this conveyance is$121,250.00 (Here comply with the requirements of ORS 93.030) Dated this 7th day of December 1992 EVELYN C o BAC014 ck�,_t GFr"1D1AL SEAL sm LAE' itOT,"RYPUBLIC-OREGON '^= COMM1$BIL3F1NO.00657 EXPIRES SEPT.10,IBM State of Oregon, County of f'.1 a rka,na s State of Oregon, County of The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this._ 7th—day,of:.- .. IlarPmhar _ - , 19-92-- by day of , 19 by Evelyn:-C, :Bacon President and Secretary of a corporation, on behalf of the corporation. Notary Pgblic•:for.Oregon My commission:expires: 9/10/95 Notary Public for Oregon My commission expires: WARRANTY DEED This Space Reserved for Recorder's Use EVELYN C. BACON GRANTOR GRANTEE ROBERT E. RUEDY DONNA L. RUEDY Until a change is requested, all tax statements shall be sent to the following address: ;.� - -0, WkSHtt?C�0'rI COUNTY - . RIAL FROPER11Y 7-FAN FER —,AX ROBERT E. RUEDY 14185SW 100TH AVENUE pp�R V PIlIU DPTC TUMPNd. OR 9?224 Title No.. `` 596301BL 596301 After recording return to: ROBERT E. RUEDY 14185 SW 100TH AVENUE TIGARD , OR 97224 ` Tieor Form No. 137 Statutory Warranty Deed 8/85 Section 5 INTENDED USE a .-IROPERTY What is your desired use of the property that is restricted by one or more state land use regulations? Please provide as much detail as possible concerning the desired use, as your claim will be evaluated based on this information. You must identify your desired use so that we are able to: (1) determine whether that use has been restricted by one or more state land use regulations and if so,which ones; (2)determine whether state land use regulations have had the effect of reducing the value of the property; (3)state clearly what state land use regulations will "not apply"to your use of your property(if the state elects not to pay compensation); and (4) provide adequate notice to those entitled to notice. At the very least you need to identify the type of use and give us some idea of the intensity of the use. Some typical examples of the of what other claimants have said are: (a)to divide the property into five lots, and to establish a residence on each lot; (b)to build a single-family home on the property; (c)to develop a golf course on ten acres of the property along with a clubhouse. The more general you are in your description,the less likely it is that we are to determine that particular state land use regulations restrict your use. The more specific you are,the less likely it is that you will have to file additional claims. If you have already filed a claim with a city or a county, and the use you want the state to consider is the same as for your local claim,then please tell us that. If you do not tell us what your desired use is, we will assume that you wish to establish one additional dwelling on your property, and we will process your claim on that basis. Attach narrative statement proposed plan;or other documentation of desired use, as you think necessary ❑ To divide the property into 2 lots for the existing single-family residence and one large Multi-family,Group Care Residential, Family Day Care Facility, Group Residential Treatment Home(s), Hospital, or other multi- family dwelling residential units or series of units; or 12 lots or parcels(in addition to the existing single family residential lot)and establish a residence on each lot or parcel to create a subdivision for mobile homes,manufactured homes,townhouses, or 6 lots (in addition to the existing single family residential lot) as multi-family residential units,duplex residential units, single family attached residential units; providing they meet the state and local land use ordinances at the time of original purchase in 1992 as enclosed herein, or benefit from reduced land use and zoning regulations since that date. In some of the instances above the original single-family residence and unattached yard shed may be either demolished or relocated to allow for the homes' lot to be additionally subdivided for final achievement of maximum density of the R-12 Zoning Use. Form: M37.10-9-06 Page 5 of 14 H f ! � S t 'OF OREGON County of Washington SS I, JerryR Hanson;Director of Assess- ment and, ai�a#ion and'�BCpfficio County Clerk fors Q., u may,do:hereby certify that the witili in r ment{� wratin was;''-received and reorij Q�: ok:of ieoi°cisi;.of said ti county;- '. . >S Jerry R: Hanson;:Director of Assessriienf`and Taxation Ex- Offiefo:Gourity Clerk Doc : 98125411 Rect: 220202 11/0611998 02:41:02pra 11.00 Loan No. 1504113 DEED OF RECONVEYANCE Mark Peterman is the trustee ("Trustee") under the Deed of Trust dated December 3, 1992 executed by Donna L. Ruedy and Robert E. Ruedy in which Home Savings of America, FSS is the beneficiary. The Trust Deed was recorded on December 10, 1992 as Fee No. 92088049 in the Records of Washington County, Oregon. The Trustee has received from the beneficiary a written request to reconvey, stating that all obligations secured by the Trust Deed have been fully paid and performed. THEREFORE, the Trustee hereby conveys without covenant or warranty, express or implied, to the person legally entitled thereto, all of the estate now held by the Trustee in and to the property described in the Trust Deed. DATED: September 1, 1998. Mark Peterman, Trustee STATE OF OREGON ) ss. County of Multnomah ) This instrument was acknowledged before me on September 1, 1998, by Mark Peterman, as Trustee under the above-referenced Trust Deed. OFFUALSEAL ®f. RREN L.IIORREL.L. NOTARY PUBUC-OREGON. COMMISSION NO.301462 Notary Public for Oregon MY COUMISSIQN E?0'IRES MAY 26,2001 After recording return to: Robert E.. .& :.Donna L. Ruedy .14185 SW 100th Avenue Tigard, OR 97224 PDX1A-140725.1 27163-0001 Washington County,Oregon 2002-004944 \ 0111412002 02:50:10 PM D-M Crita1 titn■ll K GRUNEWALD Unto til a change is requested all tax statements shall be sent $75.0011111.0011111.00 •Totelm$92.00 7320 SSW HUUNZIKER,efollowing address. MSortaUITEg310Inc. III�IIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIII PORTLAND, OR 97223 00034937200200048440150164 503-684-6222 I,Jerry Hanson,Dlreatorof Assessment and Taxation and Ex-0f&lo County Clark forWashington County, do hereby urtify that the within Instrument of VMlIng WHEN RECORDED MAIL TO was neelvad and recorded In the bogk of records of , maid county. T.OA ri� WELLS FARGO HOME MORTGAGE,INC. JerryR.Hanson,DlnatorwAsseisment and Taxation, Ex-Melo County Clark P.O. BOX 5137 DES MOINES, IA. 50306 503-684-6222 ACCOUNT NUMBER Loan ID: 0023085681 TAR ACCOUNT NUMBER R0501905 [Space Above This Line For Recording Data) DEED OF TRUST �O M DEFINITIONS V Words used in multiple sections of this document are defined below and other words are defined in r Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are �. also provided in Section 16. ageJ (A) "Security Instrument"means this document,which is dated January 8th, 2002 , C=D together with all Riders to this document. (B) 'Borrower"is ROBERT E. RUEDY and DONNA L RUEDY .t LJ..i P. Li. Borrower is the trustor under this Security Instrument. (C) "Lender"is WELLS FARGO HOME MORTGAGE,INC. Lender is a CORPORATION organized and existing under the laws of "The State of California" OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3038 1/01 ( -6(0R)l0005l Page 1 of 15 Initlaia: 111111111 IIII IIII 111111 IIII III)IIII VMP MORTGAGE FORMS-1900)521.7291 2002-4944 Lender's address is P.O. BOX 5137 DES MOINES, IA. 50306 Lender is the beneficiary under this Security Instrument. (D) "Trustee"is Forest N.A. Bacci, Esq. (E) "Note"means the promissory note signed by Borrower and dated January 8th, 2002 The Note states that Borrower owes Lender Two Hundred Twelve Thousand and no/100 and no/100 ------- Dollars (U.S. $ 212,000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1st, 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (11) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: 0 Adjustable Rate Rider 0 Condominium Rider Second Home Rider 0 Balloon Rider Planned Unit Development Rider 14 Family Rider 0 VA Rider Biweekly Payment Rider 0 Other(s)[specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues,Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (1) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. M "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that,are imposed in regard fe-m6(OR)(0005) Page 2 of 15 Form 3038 1/01 2002-4944 to a"federally related mortgage loan." even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (ly "Successor in Interest of Borrower-"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of WASHINGTON [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] THE EAST HALF OF LOTS 13 AND 14, TIGARDVILLE HEIGHTS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON'AND STATE OF OREGON. EXCEPTING THEREFROM, The North 100 feet of the East half of said Lot 13. Item ##: R0501905 which currently has the address of 14185 SW 100TH AVENUE [Street] TIGARD [City],Oregon 97224 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment.Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. Initial -6(OR)(0005) Page 3 of 15 Form 3038 1/01 2002-4944 currency.However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be Initiala y/Li O®6WR)(0005) Page 4 of 15 Form 3038 1/01 2002-4944 in writing. In the event of such waiver,Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the mictei 4r— M®6(OR)(000s) Page 5 of 15 Form 3038 1/01 2002-4944 lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with Initia&j)? 40-6(OR)(=5) Page a of 15 Form 3038 1/01 m 2002-4944 the excess, if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable Initials: OWCOR)(=5) Page 7 of 15 Form 3038 1/01 2002-4944 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by"Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is'not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses.These agreements• are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which-may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing.or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. Inhfel �Y-'•1'� (O 6(OR)loom Page 8 of 15 Form 3038 1/01 2002-4944 (b) Any such agreements will not affect the rights Borrower has -if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking, destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fairmarket value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking, destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall beaid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender Initia�� -6(OR)poo Page 9 of 15 Form 3038 1/01 m 2002-4944 to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instrument but does not execute the Note (a."co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted Iimits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. . 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument. must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. lnitiels*._(� 4-6(OR)(0006) Page 10 of 15 Form 3038 1/01 2002-4944 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and(c)the word "may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property, including,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment, enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA mme� V(OR)(0005) Page 17 of 15 Form 3038 1101 2002-4944 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a) that is in violation of any Environmental Law, (b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Initials(MV 6(ORI(00051 rage 12 of 16 Form 3038 1/01 ' 2002-4944 NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a) the default; (b)the action required to cure the default; (c)a date,not less than 30 days from the date the notice is given to Borrower, by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not Iimited to, reasonable attorneys'fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any.part of the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Law.After the time required by Applicable Law,Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines' Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order: (a)to all expenses of the sale,including,but not limited to,reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property,but only if the fee is paid to a third party(such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder.Without conveyance of the Property,the successor trustee shall succeed to all the title,power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. As used in this Security Instrument and in the Note, attorneys' fees shall include those awarded by an appellate court. 26. Protective Advances. This Security Instrument secures any advances Lender, at its discretion, may make under Section 9 of this Security Instrument to protect Lender's interest in the Property and rights under this Security Instrument. Z7.Required Evidence of Property Insurance. WARNING Unless you provide us with evidence of the insurance coverage as required by our contract or loan agreement, we may purchase insurance at your expense to protect our interest. This insurance may, but need not, also protect your interest. If the collateral becomes damaged, the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. Inidala:�'Y!`� (-6(OR)(0005) Page 13 of 15 Form 3038" 1101 2002-4944 You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount. The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage. The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by Applicable Law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security.Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) *ROERT E. RUEDY -Borrower (Seal) DONNA L RUEDY -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower VMRl(000s) reee 14 of 15 Form 3038 1/01 " 2002-4944 STATE OF OREGON,, Washington County ss: On this 5h day of January 2002 ,personally appeared the above named ROBERT E. RUEDY and DONNA L RUEDY and acknowledged the foregoing instrument to be his/her/their voluntary act and deed. My Commission Expires: 1 G7/O Before me: (Official Seal) L-4� c�G Notary Public for Oregon OFFICIAL SEAL / CINDY BLAKE NOTARY PUBLIC-OREGON COMMISSION NO.309408 MY COMMISSION EXPIRES FEB 9,2002 Initia ' . 610R1 t0005i Paas 15 of 15 Form 3038 1/01 Washington County,Oregon 2005-027433 03/15/2005 03:32:36 PM D-M Crit■1 6tn119 C TOMPKING $15.00$6.00$11.00-Total s$32.00 '' '' IIIIIIIIIIIII�IIIIIII�)IIII(IIII�II II III�III�III�II 00740560200500274330030034 1,Jury Hanson,Dlnctor of Ass seem ant and Taxation Return Address: and ex-officio county Clark for Washington county, Wells Faro g Bank, N.A. Dragon,do hereby cartly that the within in,trumant of DOCUMENT MANAGEMENT mungwas rocelvadand ecordedinfhabookof records of Bald county. �` '�,,_y',f�t l_..�t P. 0. BOX MT 5 7 Jerry R Hanson,DlnctorbEAaaasomanan"t^and Taxation,f ' BILLINGS, MT 59107 Ex-Officio countyclo* State of Oregon Space Above This Line For Recording Data REFERENCE4:20050117200947ACCOUNT#:0651-651-7776314-0001. SHORT FORM LINE OF CREDIT DEED OF TRUST (With Future Advance Clause) L DATE AND PARTIES. The date of this Short Form Line of Credit Deed of Trust("Security Instrument")is 02/1612005 and the parties are as follows: TRUSTOR("Grantor") ROBERT E. RUEDY AND DONNA L, RUEDY, HUSBAND AND WIFE whose address is:14185 SW 100TH AVE T I GARD, OR, 97224 TRUSTEE: Wells Fargo Financial National Bank c/o Specialize Service 401 West 24th Street,National City,CA 91950 ]BENEFICIARY("Lender"):weals Fargo Bank, N.A. P. 0. BOX 31557 BILLINGS, MT 59107 2. CONVEYANCE. For good and valuable consideration,the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee,in trust for the benefit of Lender,with power of sale, all of that certain real property located in the County of WASH I NGTON ,State of . Oregon, described as follows: THE EAST HALF OF LOTS 13 AND 14, TIGARDVILLE HEIGHTS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, EXCEPTING THEREFROM THE NORTH 110 FEET OF THE EAST HALF OF SAID LOT 13. with the address of 14185 SW 100TH AVE T I GARD, OR 9"1224 and parcel number of R0501905' , together with all rights, easements, appurtenances,royalties,mineral rights,oil and gas rights,all water and riparian rights,ditches,and water stock and all existing and future improvements,structures,fixtures,and replacements that may now,or at any time in the future,be part of the real estate described above. 3. MAXIAtU M OBLIGATION AND SECURED DEBT. The total amount which this Security Instrument will secure shall not exceed$71 ,000,00 together with all interest thereby accruing, as set forth in the Promissory note, revolving line of credit agreement, contract, guaranty or other evidence of debt ("Secured . EQ239A (12/2004) OREGON-DEED OF TRUST 1Debt") of even date herewith, and all amendments, extensions, modifications, renewals or other documents which are incorporated by reference into this Security Instrument,now or in the future. The maturity date of the Secured Debt is of/0512020 4. MASTER FORM LINE OF CREDIT DEED OF TRUST. By the delivery and execution of this Security Inst ument, Grantor agrees that all provisions and sections of the Master Form Line of Credit Deed of Trust ("Master Form"),inclusive,dated February 1,1997 and recorded on F a b r u a r y 5, 1997 as Instrument Number 97010994 in Book N/A at Page N I A of the Official Records in the Office of the Recorder of WASHINGTON County, State of Oregon,are hereby incorporated into,and shall govern,this Security Instrument. 5. RIDERS. If checked,the following are applicable to this Security Instrument.The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. ® Third Party Rider . ® Leasehold Rider ® Other N/A SIGNATURES: By signing below,Grantor agrees to perform.all covenants and duties as set forth in this Security Instrument. Grantor also acknowledges receipt of a copy of this document and a copy of the provisions contained in the previously recorded Master Form(the Deed of Trust-Bank/Customer Copy). J5— R09 E T E. R U E DY Grantor Date DONNA L. RUEDY Grantor Date Grantor Date Grantor Date . Grantor Date Grantor Date • Illllllllllllllllllfllllllll EQ239B (1212004) 2005-27433 OREGON-DEED OF TRUST IIIIIIIIIIIIIIIIIIIIIIIIIIII 2005-27433 ACKNOWLEDGMENT: (Individual) STATE OF ��may, ,COUNTY OF G!J Q Q�► hP�U-�--� }ss. This instrument was acknowledged before me on by 17 (Signature of notarial officer) Title(and ) OFFICIAL SEAL KAREN'ROSERTI ' 1. NOTARY PUBLIC OREGON. My Commission expires: /Z- 2?—d MYCOMM SSIONISSIEMRE$D CEMMBER27.,2008 EQ239C (12/2004) OREGON-DEED OF TRUST Washington County,Oregon 2005-029520 0312112005 12:26:54 PM D-Nla Crit■1 String C TONIPKINS $5.00$6.00$11.00-Total■922.00 This document was prepared by: I IIIIIIIIIIIIIIIIIIIIIIIII III IIIIiII 111111 IIIIiI Wells Fargo Bank 007427 n 0018 2324 Overland Ave 1,Jany Hanson,Dlractorof Assessment and Taxation PO Box 31557 and Ex-Olnclo County Clark forWashlnpton County, Billie MT 59102, 866-255-9102 Oregon,do hereby certify that the within Instrument of wrltlng was reoalvad and recorded I?Pe book of reeonis of sold eaurdy. ;O 14- WHEN RECORDED MAIL TO: Jerry R.Hanson,Director uaasment and Taxatlon, Ex-0Mclo County Clark ROBERT E RUEDY 14185 SW 100TH AVE TIGARD,OR 972244951 DEED OF RECONVEYANCE Account Number:65465447999170001 The undersigned as Trustee under that certain Deed of Trust described as follows: Dated: NOVEMBER 5,2002 Recorded: DECEMBER 9, County of: Washington 2002' Fee/Doc No.: 2002-149174 Book: N/A Page: N/A Reel: N/A Parcel#: R501905 Micro Film/Code Film: N/A State of: Oregon.. Trustor: ROBERT E RUEDY AND DONNA L RUEDY,HUSBAND AND WIFE Trustee: Wells Fargo Financial National Bank Beneficiary: Wells Fargo Bank,N.A. Having received from the present Beneficiary under said Deed of Trust,a written request to reconvey,reciting that the obligations secured by the Deed of Trust have been fully satisfied, does hereby grant, bargain, sell and reconvey,unto the parties entitled thereto all right,title and interest which was heretofore acquired by said Trustee under said Deed of Trust. Dated: 03/14/2005 Wells Fargo Financial National Bank Julie Bloom,Collateral Officer STATE OF MONTANA } COUNTY OF YELLOWSTONE }ss. This foregoing instrument was acknowledged before me,the undersigned Notary Public,on this 03/14/2005, by Julie M Bloom,Collateral Officer of Wells Fargo Fi ancial National Pjmk. -S(N PD Marilyn Packer 0't•, Notary Public fo a State of Montana (seal Residing at Billings,Montana * : am My commission expires:07/01/2007 SEAL OFMC� tIEX Washington County,Oregoq ZOOS-0G931 O 06/17/2005 03:28:34 PM D-Das Crit■1 etnoo RECORDa1 BARGAIN AND SALE DEED $5.00$6.00$11.00•Total■$2200 GRANTOR'S NAME AND ADDRESS: FOR RECORDER'S USE III IN II 11111111111111111111111111111111111111111 ROBERT E.RUEDY& DONNA L.RUEDY 00785520200500693100010013 14185 S.W. 100'h Avenue 1,Jerry Hanson,Director of Assessment and Taxation and Ex-Officio County Clerk for Wuhington County, Tigard,Oregon 97224 Oregon,do hereby certify that the within Instrument of ww Itlnp was received and corded In the book of Me of said county. 'I_„fir GRANTEE'S NAME AND ADDRESS: Jerry R.Hanson,Director ssessment and Taxation, ROBERT E.RUEDY Ex-0meio County Clark 14185 S.W.100''Avenue Tigard,Oregon 97224 AFTER RECORDING,RETURN TO: ROBERT E.RUEDY 14185 S.W. 100ei Avenue Tigard,Oregon 97224 UNTIL REOUESTED OTHERWISE,SEND ALL TAX STATEMENTS TO: ROBERT E.RUEDY 14185 S.W.100ieAvenue Tigard,Oregon 97224 ROBERT E.RUEDY and DONNA L.RUEDY,Grantors,convey to ROBERT E.RUEDY, Grantee,the following real property situated in Washington County,Oregon,to wit: The East half of Lots 13 and 14,TIGARDVILLE HEIGHTS,in the City of Tigard,County of Washington and State of Oregon;excepting therefrom,the North 110 feet of the East half of said Lot 13. The true consideration for this conveyance is dissolution of marriage, a proceeding for which will be filed in Washington County,Oregon Circuit Court. Dated: June 17,2005 RT E.RUEDY DONNA L.RUEDY STATE OF OREGON,County of Multnomah )ss. STATE OF OREGON,County of Multnomah )ss. The above-named ROBERT E. RUEDY appeared before me The above-named DONNA L. RUEDY appeared before me and acknowledged the foregoing instrument on the 17 day of and acknowledged the foregoing instrument on the 17'h day of June 2005. June 2005. otary Public for Oregon No Public for Oregon OFFICIAL SEAL IAL SEAL LEE ANN MULFORD LEE ANN MULFORD NOTARY PUBLIC-OREGON ! NOTARY PUBLIC-OREGON SSON EXPIRES MARCH COMMISSION NO.22,42006COMMISSION NO.354665 [WI COMMISSION EXPIRES MARCH 22,2006 ................................................................................................................. This insttumentwill not allow use of the property described in this instnunentin violation of yapplicable 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 deparhnent to verify approved uses and to determine any limits on lawsuits against; famung,o;fq;estprectiges M defined in ORS 30.930............................................... Page,1 of 1-BARGAIN&SALE DEED (14185 sw 100' Avenue,Tigard,Oregon 97224) U m C) ++ C C N GCLC C L W G E c c a M U 0 y OU. 0 J c6 Cc6 O 'a c rn o CO F m CV ccc N a) ca 0 N ca O w p o L E N m L � O 2 co - CD > .C1 ,,., C :C... 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CDo i? c L L o tC 5. c !] O N c IV a c «+ C6 ca 4) o c O + ' CL Cc •- c ca O. ca cu - y o CO c o 'n a) o OvU-- ` O oQN UO) o QQ � o aXi `a 3 > > � u of w ca a) N ca a) a CL oo Etnoa) � ': E `� � o n :° p ; '> C0CD - cu E o Qw � U o � C.) 0ca `pma) a) coE , aoa) d) a)- c 0 cc `o c CU c ca CD o c ) voi ca o U ca o L �-' CL 0).— r- o .L CCs o U .� E ca a : fn to o r O d r _ 3 c ca O C "' — N a U) c C cC Ca c c O 1— a o �C Q a) a c a a) c T rn ; co °� o r E- >, in > U a caEcEulvi� EQ cvpca .0 a) CDca00000 ; 4 x L ~ � .C_ 'L C c � c U E T r E w "Cl sZ Q -0 r- 4 c a) T Q c. Q: >+ � NF- d � OU °iE > E µ- coi � m � , QN m � aai ; � � � � in _u) IDti 2 3 O to m N .d N a N r .m 0) CO 0) to 0) m N O r o = �' CO = r 00 r r LU r r N C:) r Cn r r L a) r L () r L C) O Cl) QU) N Q� N Q_N 00 0 O CV L N a) � r a) � a) F- .4-00 O a) 0 O() ~ Cl) �_ L: 0 �� V LU U w U W a CL U o U) N O D. cei v cti r r r co (' O O ++ C C C N .. O O O r = C C C CD C C C m W > > E E U Q) N a) cc ccl a) O a) cu CO ca a)Qa O N ca 0 L N 0 cu v U U a) M y - >+ v o oc cL6 > 'a ca '15 -a N O d N C a) C N = co N M+ a) a) 'ca ca 0)3 C) a) o a) O Q N a cNE M C .-U) 03 C L O O V s`_- O Ncn y N O co N +�- Q O Q- C to O N C U 'a -0 Cc a) `n n c o o � N � O c E Qo � � = Ca E w a o a c- 0) ca co i- c o oa 4- %- >, o a) C n c>s o a) a) ++ Z � viO a) rn0 E aoic mm ``' Co m os � N M coi o a U CU CD o 'a CU a) u o :�>-, 'a o o u0) >.. > c w o o a`) C a) — O cS1 CO a) CSS a) ca > O C Cu «+ O O r- 0 N >, U 0)= O O U N O CB C O Co CC A, CL a 3: " C N O � 0 Coi� N 0 " Q- W 0 M O p O LM C ca L a) C a) C C 3 C Co o 'a o N i4 O ++ O C O — N " CU6 O — C Q = O oL - oNNU �;,= ., cssE 3ocs5EQ � o 3 � c > > c o oCL N a) a ami o o CD ami m L °D o o ti "r � aoi � c � �Cts � oLooL o_ aai a>ia�iU o .c-°. a�iocu U � o o �j ♦ V sN. �C N > L O C 'tnco c5) N C Q o M a) +�- N C2 0 O G Q/ Q a; o o c o o E c N o � 00 a) N o Co N a) ao a) � L - � m O � N ca� � C X05 - c cu cam nO : V— 4-- tea) o r = co " >, � n a _ _ � � ion > 0) 0 a? � o L � m � o a c» o � U E L d ca N N >r 's- C C N N N v C N >_ Q= `` .> aa) U a _ N t coo a`� o co a) _ C 'a ,_ N N +' N > U 4= a) > C CU C a) cis E L U) •onoaa)) vUcou � 'caE ; a) cono � �� o aUiur)ico. r- Sca ++ 'a '" = C O U O O U > co ti E C �, C s. o O cc U a) C a -O n Q Co -a U o X N ttf o o o U CLC O O 0 , 0 Q- C M Coo Q o o X N o U C �0 0 0 o 3 0 o ` N o O is N � ca C cu O U L -0 co C co C C C6 N o N Q a) �? ca C) a) E O O > v- a) N >,O C a) E s Z o N Cao u) 0 0 o .�- U ' N N a) = C] a) U a) E LO ca '-Q O L a) >N Q N co .C1 v= U O �U � 0 O U o 3 co 0 Lo �aca E ca ca cQ o a c o CO U C a c`B L a=ia o ; = � U oQ 3 � Q = N E a) U C a) a) C N L C E C a a) O ++ O a) - O vi " CSS O .O-) N C1 `- Itis U a) > L ca ,-. cu C C a 4- a Q. o0. Cn co a) rno N >, C E = C .: a) c ^ O L ^ tII o p U o 0 to O fa .L+ N OW Q N O. U N C "= CQ L C= a) C O 0 ' Gni J rn uNi 3 N o `= c Co o a E a) C •C Ca ami C3 o C c aC°i C 0 a) , > e1' X V a N "= oa N p V a Q rn C = N Q. CL Q Q� o V ;° a Q N Al U o v 'o rn cts °� ti N o o �- o o c : ca o cts N o a) CO o V C14C Q s. N ft5 Ca O Z�r N > M CL5 = Q L co U C2 N = CLU o U LC E O CA m d N O O in ^ N W N Cj N N S ; m W N O T 00 00 C C7 00 '6 OO M r r {,r _ T r 0 r a) In CV r v N r C) r a) `- E � •L a) C W L () Q CV O- C4 a Z (n O .«+ N O O N car Q o a CD C2 a) Q r O d O t a) oC CC6 } t O = a) a) T ~ C U � ri)15 U a) N U u) i T3> U U wr Q '� VW U " (� Q " UW N Cl) 3 a� N O a m ti 06 ai U' o a+ N .Q X � ui E U 0 N M � L Q E CD CL 0 O i a a °- L 4 0 v 0 O d T � a rn o >+ � N t� CIS N T 00 cN v r � r H C � (D c 0 3 ° aNi N O a. o r C i ai LO co I,- co � N N N N N N N 04 N - �- COT' �, --------"------------- d Q IT- H R-12: MULTIPLE-FAMILY RESIDENTIAL (12 UNITS PER ACRE) Sections: 18.54.010 Purpose 18.54.020 Procedures and Approval Process 18.54.030 Permitted Uses 18.54.040 Conditional uses (See Chapter 18.130) 18.54.050 Dimensional Requirements 18.54.060 Additional Requirements 18.54 .010 Purpose A. The purpose of the R-12 zoning district is to provide for single-family attached and multiple-family residential units for medium density residential developments . (Ord. 89-06; Ord- 83-52) 18.54.020 Procedures and Approval Process A. A permitted use, Section 18.54 .030, is a use which is allowed outright, but is subject to all applicable_ provisions of this title %" If a use is notes listed as a permitted use, it may be held to be a similar unlisted use under theprovisions oft,Chapter 18.43 RUnlisted Use. <� B. A conditional use, Section 18.54.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.13 Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90-41; Ord. 89- 06; Ord. 83-52) 18.54.030 Permitted Uses A. Permitted uses in the R-12 district are as follows: 1. Single-family detached residential units; 2. Duplex residential units; 3. Single-family attached residential units; 4. Multiple-family dwellings residential units; 5. " Residential care facility; 6. Mobile home parks and subdivisions; T. j C..i S'i1 ti C� Cv j 6A,J U Y, Pic G 6 Revised 1/17/91 Page 111 7 . Public su- ort services; �. Residential trYatmant home; 9_ manufactured homes; -_.._ I0. Famil d y av ca-,�. 11 . Home occupatLt e vL t r2 �s lj eC_,.yis� l`�i'_:._��i •., r ! atd:i?=C�j 13 tc 1 Tank cr ��s>'- '\ft '•S zC ..i f t.::i,i !r= TM,Jo )3. 14 . Accessory structures. (Ord'. 90-41; Ord. 89-06; Ord. 85-15; Ord. 83-52) 18.54 .040 Conditional Uses (See Chapter 18. 130) A. Conditional uses in the R-12 district are as follows: 1. Community recreation, including structures; 2. Religious assembly; 3. Schools and related facilities; 4 . - Ute 1i- t- les `� /x•I�ti 5. Residential care facility; C`�' Parking faci-lities 7 . Hospitals; 8. Lodge, fraternal, and civic assembly; and 9. Children's day care. (Ord. 90-41; Ord_ 89-06; Ord. 87-03; Ord. 83-52) 18.54.050 Dimensional Regijirements A. Dimensional requirements in the R-12 district are as follows: 1. The minimum lot size shall not be less than 3, 050 square feet per unit; �2. There is no minimum lot width requirement; and _ 3 . Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. For multiple-family dwellings the front yard setback shall be a minimum of 20Vfeet. For single-family dwellings the front yard shall be a minimum of 15 !feet; b. For multiple-family dwelling units on corner and through lots, the minimum setback for each side facing a street shall be 20 feet; however, the provisions of Chapter 18.102 must be satisfied. For single-family dwelling units the minimum setback for each side facing a street shall be 10feet; however, the provisions of Chapter 18.102 must be satisfied; Revised 1/17/91 Page 112 - c. For lultiple-famlly dwellings thr. s: yard setback shall be a m i i um of 10`_"� eet . For sing!.►-tay^ii .y -,Nallings the side yard setback shall be five " feet except this shall not apply to attached units on the lot 11n0 on which the units are attached; 1 d• For multiple-family dwellings the rear yard setback shall be a minimum of 20'"feet . For single-family dwellings the rear yard shall be a minimum of 15Vfeet; e. Where the side yard or rear yard of attached, multiple-family or single-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 3Vfeet; and f. The distance between the property line and the front of the garage shall be a minimum of 20 °�feet; 4 . Except as otherwise provided in hapter 18.98, no building in an R-12 zoning district shall exceed 35-"feet in height; 5. The maximum lot coverage shall be 80Vpercent including all buildings and impervious surfaces; and 6. The minimum landscape requirement shall be 20 percent. (Ord. 89-06; Ord. 85-32; Ord. 84-29; Ord. 83-52) 18.54 .060 Additional Requirements A. ,additional requirements in the R-7 district are as follows: 1. Residential density transition, Section 18.40.040; 2. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands, 18.86 Action Areas, and 18 .88 Solar Access Requirements; 3. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18..102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 4. Site Development Review, Chapter 18.120; 5. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 6. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord. 91-02; Ord. 90-41; Ord. 89-06; Ord. 84-29; Ord. 83-52) Page 113 �=+ x x x x ' x x x a x x _ x x x x x x x x x x H x x x x x X. x x x x 2 v x x a- a. x ci x L) x x I- C. 0 v €€ x x x C x x x a_ x x v x x' x x x x x a_ x x X x x x x x x a_ x x f t v a i e4 er ct m ++ E a_ a. a_ C. a. x a. a. a= X a N ra r H a � r aC O c O cd d V •t+ 4 CL N CDN 3 0 4 c rTt a: a a. a_' a. ci a_ a_ x a- a_ . 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Or-! .ri .y it •ri t0 v i;-i LLS L_ LuO i Lu u u W tf L i-+ •r 3 c C z fV z L Z L T i N 0 N u CS d QJ i i O i d O .fl O O O O O ri LL. _C -ri ,�, 4- N A L 3 V) V) Z Z Z z Z T > E 3 C Q O O NV7 La O W LU r. cc o N m ii L- ..t S n r� n n L O1 N .� c 4 c U � U `-� i-i i=i ;-i v v v v o{„j of j aC , " CITY OF TIGARD ct � PRE—APPLICATION CONFERENCE NOTES 3� DATE: APPLICANT: „D �O�Kta4 `�u�1 AGENT: Phone; 2 `T 7 l Phone PROPERTY LOCATION ADDRESS: 1 y TAX MAP & TAX LOT: 25 l( L3 0 Sao NECESSARY AP PLICATION(S): scl6-1l ✓is Atid PROPOSAL DESCRIPTION: S S I ",\ „ A�( Ow :51j< hWE-LLING cots oN R P,Q�V,4 r� sr/n7y COMPREHENSIVE PLAN DESIGNATION: (\esrc 75�z J ZONING DESIGNATION: NEIGHBORHOOD -PLANNING ORGANIZATION.#__L- CHAIRPERSON: S CIXA,,VQn PHONE: 8sa ? ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: 34o.so sq. ft. Minimum lot width:. C' ft. . Setbacks:..' front- /5- ft. side- Sft., rear- lS ft. . . garage.- L ft' corner- ft. from both streets. . Maximum site. coverage: Sod Minimum landscaped or natural vegetation area: .moo Maximum building height: --W ft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot-frontage: 25 feet unless lot is created through the minor lead �f partition-process. - Lots created as -part of a partition must have. a .: minimum of 15 feet of frontage or have a miniluum 15 foot wide access easement: Maximum lot depth to width ratio of,2.5 to 1.. SPECIAL SETBACKS Streets: ft. from centerline of Established areas: ft. from.,. Lower`intensity zones: ft., along the site's boundary Flag lot 10 ft. side yard setback "« up up to 528 sq. ,ft. in size=5. ft. setback from Bide and rear lot .lines Accessory structures up : to 1000 <:.sq. ft (where allowed) See 4J ? ...... r „. applicable zoning district setbacks . Zero..lot line lots. minimum.10 foot._separation betwc3en buildin s 9 Multi-family...residential building separation See Code Suction 18 96 030 Page 1' 00n4VE.1 /<.o� I hf� l�Y I L�rc� g-Zg-�2 jrG ' PACI`L �r �Z(o�3.OFj CF 0010 LF� AIN -SF !, -DC-VELCP/:�.� rc I F�bR�SE� I 2.IOcN./!38_x' �, r 43�' SL4BL71V1Slot� tel/ �,�.�• � F ' ,A\ `IO.nJ 0,21' 1 N" ,_ o c• o Aldo �r + !�5.£�5 LO r co l F �oorT 0.20.. 7Z.00 ~ IC fw' aA 51 E x tST11llG C7MA/gE qV� W Q HOUSE U, `V _ IVI ''pp 30 10 Asa JA! yam. N 00"o7',� 2-.53 Cfl.//(P-j.2" R N S. W . 1 pp rK A��ENliE � C� m d V3 3V3--- N3 -+ r o a "3,00,6t.t0 _ i Hd Nr LU SVM poky tfmy LL +�n + h o ce 9 � -jt I a I c CL 2 n m I a ffi BGos: Q + Q v A I CO o r r W s 1 I x ec.os �d t o I N V—� r?' I N �A I m m 411 0 0 14 r. N CI - � cA l �n ' t I ml n I 11 IA BOO 3 I o m I + m rAZi�%� I �1�roIL F71 �7�6��G I 'YCg�C `N � m I I cIz r o C • � o�-ss I q �` Rk'M `Cfn ,00,6uo s o�r ,OS'ZL _ (� a L Q 0 } Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.516.020 List-,of Zoning Districts 18.510:030 Uses 18.510.040 Minimum an4 Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches,-parks and recreation facilities, day care centers,-neighborhood commercial uses and other services--at appropriate locations and at an appropriate scale. � ias B. Encourage construclion of affordable housing Another purpose of these regulations is to create the „ environment in which construction of a full range of owner-occupied and rental housing at affordable �,-F:'�. •F f`'� 'J r prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and. reduce housing costs. 18.510.020 List of Zoning Districts A. R-1: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square'feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally, C. R-3.5: Low-Density Residential District The R-3.5 zoning district is designed to.accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Density Residential District The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of - 7,560 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. E. 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 also permitted conditionally. Residential Zoning-Districts 18.510-1 Code Update: 06102 t F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. -G. 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 multi-family 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. H. R-40: Medium High-Density Residential District. The R-40 zoning district.is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density.A limited amount of neighborhood commercial uses is permitted outright and a wide range of-civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Cha ter 18.230 -----[--- -p� --Jd�/� "—�.-�� {�{a't• �= .SAr°Vti -6 6-r" S' L��f 2 G—��t��-C�` `� ltJ_T� s 2,. .A restricted(R)use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Cha ters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a simil unlisted used under the provisions of Chapter 18.230; z v--- YrraE �S1MM4. A (1�use is one which is not peinutted in a zoning district under any circumstances. B. Use table. .A list of permitted, 1iinited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510-2 Code Update: 06102 TABLE 18.510.1 USE TABLE _ USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL � Household Living! i;t`s:\DCE�s-,nL P P P P P P P P Group Living' is ".6.1, C" i<.C. R'/C R'/C R'/C R'/C R'/C R_VC R'/C R'/C Transitional Housing" `` ' N N N N N C C C Home Occupation Rz R2 Rz RZ Rz R` 1 RZ Rz HOUSING TYPES t„tom€ r4 :6:= r ;_F C1fi l Single Units, Attached N FA u- U 1:� y r N N R$ R9/C P E' P P Single Units,Detached P p p p pp p `AccessoryUnitsR3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P /P�/ P P Multi-Family Units N N N N N f P V P P Manufactured Units p p p p p p�/ p P Mobile Home Parks/Subdivisions N N C C P P P P y CIVIC(INSTITUTIONAL) } C e` '�i +'i C o� i't tt<Z.. J)o6 'sols r---(%U- Basic Utilities C4 C4 C4 C4 C4 CQ C4 C4 Colleges cs-tom "f Ec+c$-” C14 Q Q- q '1'ti%ic C C C C CC C Community Recreation C C C C C (C d C C Cultural Institutions N N C C C _C_ N N Day Care P/CS P/CS P/C5 P/CS P/CS P/C5,? P/CS P/CS Emergency Services C C C C C N N Medical Centers N N C C C Cv, C C e_ `` Postal Service "` �`" VC*," `c N N N N N NV N N Public Support Facilities P p p p p PV p p Religious Institutions C C C C C CV C C Schools C C C. C C CC C Social/Fraternal Clubs/Lodges N N N N N C 7� C C �. 'h4J�i� 6. Yt\ciLt 71 �.< , LT I'r crh .T_klD Lt�71stiC`;i 111 iS c i`i i�(rtZ COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented Major Event Entertainment N N N N N N N N Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N. N Adult Entertainment N N N N N N N N General Retail Sales-Oriented N . N N N N N R" R" Personal Services N N N N N N R" R11 - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N Outdoor Sales N N N N ' N N N N Animal-Related N N N N N N N N Residential Zoning Districts 18.510-3 Code Update: 06102 • TABLE 18.510:1 (CON'T) USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N_ N N Non-Accessory Parking N N N N N (C 1 10 CIO C1O INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Ptoduction - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N" OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N. N N Cemeteries N . N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted }_r mei Lavd,`, Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. y1C aIle Te=tted subject to requirements Chapter 18.742. 'r�c�tc: 'l�il eS 3Permitted subject to compliance with requirements in 18.710. V I`'�"r l�s'`trt 'Ic""'L 4Except water and storm and sanitary sewers,which are allowed by right. . In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal CA R Li�-7 household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. Residential Zoning Districts 18.510-4 Code Update: 06102 See Chapter 18.798 p , Wireless Communication Facilities for requirements for permitted and restricted Lj'ry facilities. $Attached single-family units permitted only as part of an approved planned development. 4V 4Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. ij,,I'LL t6 100nly park-and-ride and other transit-related facilities permitted conditionally. . kt,u T 11Limited to ground-floor level of multi-family projects, not.to exceed 10% of total gross square feet of the building. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality `and density of .development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property'develops at or near the density envisioned for the zone,the minimum density for each zoning district has been established-at 80%of maximum density. B. Calculating minimum and maximum densities The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715,Density.Computations_ = =ti 1�,4 U I� r= k'7 {e cc€'L i � kF v 774E CuP2,2 cam?' C a 6 tkR Ge_ N Gq T�v� 9 t—PhC r'TFt� l 921 \145R-S a,-� t9r- CrtAn7era, tg.9z 4nro 0�l� S C. Adjustments. Applicants may request an adjustment when, because of the size of the site or.other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type TProcedure,as governed by Chapter 18.390,using approval criteria in Section 18.370.020.0.2. ' t fi 8.510.050 Development Standards A. Compliance required. All development must comply with: Co =t 1. All of the applicable development standards contained in the underlying zoning district, except �V�;' .c "` where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; E c ,'L... VA L2All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. Residential Zoning Districts -18.510-5 Code Update: 06102 18.510:060Acce yrs os Structures A. Permitted uses'. Accessory structures are permitted by right in all residential zones subject to the following: I. Dimensional requirements: a�s 1 ;k,•. a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square + _ feet. On sites 2.5 acres or larger,an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An,accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private i easements; 14CCQ'J1a r?f� �!`-.C" 4�3� l>>��T�fi �[ E n TL, �4{jlQ E Jj t J t /I%. b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; q c. 'An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non-Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes,• except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745,Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments:■ Residential Zoning Districts 18.510-7 Code Update: 06102 TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-� R-2 R-3.5. R-4.5 R-7 Minimum Lot Size Detached unit 30,000 sq.ft 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.fL 5,000 sq,ft. -Duplexes 10,000 sq fL 10,000 s ft -Attached unit 1 q• Average Minimum Lot Width 5,000 s .ft -Detached unit lots 100 ft 100 ft 65 ft 50 ft 50 ft -Duplex lots -Attached unit lots 90 ft 90 ft 50 ft. Maximum Lot Coverage _ 40 ft. Minimum Setbacks 80%f2l -Front yard -Side facing sheet on 30 ft. 30 ft 20& 20 ft. 15 ft. . comer&through lots 20 ft. 20 ft 20 ft 15 ft 10 ft -Side yard 5 ft. 5 fL 5 ft. 5 ft. 5 -Rear yard 25 ft 25 ft 15 fL 15 ft. 15 ft._ -Side or rear yard abutting more restrictive zoning district 30 ft -Distance between property line and front of garage 20 ft 11 20 ft 20 fL 1 20 fl 20 ft Maximum Hei t 30 ft. 30 ft 30 ft30 ft. 35 fL Minimum Landscape Re irirement 20% [1]Single-family attached residential units permitted at one dwelling per lot with no more that Eve attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. TABLE 18.510.2-(Cont°d.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STAR-12 R-25 R-40 MiniimDum�Lot Size ME DU* S�U** NF DU* SF DU*.* MF DU*' SF DU** -Detached unit 3,050 sq.fLper unit 3,050 sq.ft perunit 1.480 sq.fL 3,050 s .fL per unit -Attached unit 4 p None None -Duplexes 1,480 sq.ft None Boarding,lodging,roomin house 6,100 sq.fL'or 3,050 sq.ft per unit None tol I N6,100 s .ft. ir.r.-L 7 Aveta eLotWidth None None :!Gt-.:_, Minimum Setbacks 720 None None None -Front yard 20 ft 15 fL''/ -Side facing street on 15 ft 20 ft. 15 fL comer&through lots 20 fL/ 10 fL e 10 ft 20 ft. 10 fL -Side yard 10 ft,/ .5 ft[1]+� 5 ft[1] 16 ft.. 5 fl[I] -Rear yard 20 ft./ 15 ft.V 20 ft 15 fL 20 ft. 15 ft -Side or rear yard abutting more restrictive zoning district 30 ft� 30 ft f 30 ft30 ft 35 ft 35 ft -Distance between property line and garage entrance 20 ft.'s ' 20 ft.,," 20 ft. 20 ft. Maximum Height 35 ft r 35 ft.--/ 20 ft. 20 ft. 45 ft. 45 ft. 60 ft 60 ft Maximum Lot Covera e 2 80% 80%:/ 80% 80% Minimum Landsca e Requirement 20%✓ 20% ° 80% .80% 20% 20% 20% 20% [1]Except this shalt not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit **•Single-family dwelling unit Residential Zoning Districts I8.5I0-6 Code Update: 06102 CITY OF TIGARD it (� > PRE—APPLICATION CONFERENCE NOTES DATE 'r�rJ (A GKT az' } �iS AGENT: JAV `''`=��t�APPLICANTz Phone: Phone z,., ,s PROPERTY.-LOCATION 14[/s 1S� lQo ADDRESS: TAX MAP & TAX LOT: IiiCESSARY APPLICATION(S): S wB o l✓15/©N SaUtL>,k ) �f� oR CoRNE7z �A SF-TRAill LeSS 7i0tj 10 Fr. STtill RD PROPOSAL DESCRIPTION: 5EUe�\) LoT ITU Q D t l/115 f Q COMPREHENSIVEPLAN DESIGNATION: ! t u FN c5.t� �` �hNSAI �F7 ZONING DESIGNATION: NEIGHBORHOOD PLANNING ORGANIZATION.# CHAIRPERSON: 5w /4_zP V&� PHONE: S ZONING DISTRICT DIMENSIONAL REQUIREMENTS Mini milm lot size: . ;MlOsq. ft. Minimum lot width:..- ft. .. Setbacks: : front is, ft. side-5 ft., rear- ft. . . garage= �O . ft. corner- ft. from both streets. Maximum site coverage: ' Minimum landscaped or natural vegetation area: -20 g Maximum building height: -55- -ft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS , Minimum lot frontage:. 25 feet unless lot is created through the minor land partition-process. =Lots created as part of ,a partition must have a ..,:, mini muin of 15 feet'of frontage..or have a.minimum 15 foot wide access..,;:....;: -easement.. Maxunum lot depth. to width ratio of`2.5 to 1. SPECIAL SETBACKS - s S�,,.aw i_ Vit. `from'centerline of E ft from Lower intensity zones:`' ft.,:,-along the site's boundary Flag blot s i0 ft side yard setback rt, e t 1 .. r Accessory structures ,t. up to 528.sq :ft irl size=5 .ft. setback' from:sidew t. tit and rear lot lines .x ?t k�� U. r. kAccessorystructures <r� up�!�to 1000 sq xft (where allowed) r t f[ [ �J ry E r �' 11r. 7",.-: r �. � e . . .:,y r Ft.' .:•,�,�Y }!'k 0 J �, x; �.�,[E 1��s31 �,- aPPlacable ,zoning district:�'setbacks;,��;�y ��,';� 1,•ret� } +, k,a,•,-}';",t Zeroswlot line lots , };miniaium'.]0" foot separatioabetcri3ea;"buildings ;dz [ � T 2,fMulti family residential building"separation See Code Section'18 96 030° � t w - t• �. } ;4 , Faye}`f-.. Page 1 t CI i s t c,t ;+�J s r `. ' trr ' i -• alhrr 1 r r z=> + 1 14 I 370 w AV _ \ N ' 1 O 2 .5 . 92 105 .94 I � i o 25 ED�5' D V \ 94 `\ 92 80 cil .T I 1 Cr W;0v° 94 O W W PRIVA -DRIVE 61 20' 20' \300 I 0s - ,,� CITY OF TIGARD PORE APPLICATION CONFERENCE NOTES DATE: i'YAr�.0-tj PM 1 APPLICANT AGENT f 1.5 TQI�B�? e� G TN Phone Phone: o15(a-l►t"2.. a PROPERTY LOCATION41. ADDRESS.' I8 v� to TAX MAP &. TAX LOT: NECESSARY,APPLICATIONS): SkABDW I S 1 D�j _ . PROPOSAL DESCRIPTION: COMPREHENSIVE PLAN DESIGNATION: ZONING- DESIGNATION: w1 f G41n NEIGHBORHOOD PLANNING ORGANIZATION # CHAIRPERSON: �¢ _:11f1B PHONE: .ZONING DISTRICT DIMENSIONAL REQUIREMENTS ��" Minimum lot size: sq. ft. I!}e�° t.�v�i T Minimum lot width: — ft. Setbacks: front- IS ft. side- J ft., rear- ft. garage-_'ZO ft. corner-_jD ft. from both streets. Maximum site coverage: aa% Minimum landscaped or natural vegetation area: Z ?$ Maximum building height: 3,1�'ft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 foot- wide access easement. Maximum lot depth to width ratio of 2.5 to 1. SPECIAL SETBACKS S.txntss f� from centerline of ft_ from Lower intensity zones: ft., along the site's boundary Flag lot: 10 ft. side yard setback Accessory structures: up to 528 sq. ft. in size=5 ft. setback from side and rear lot lines Accessory structures: up to _ 1000 sq. ft. (where allowed) - See applicable zoning district setbacks Zero lot line lots: minimum 10 foot separation between buildings Multi-family residential building separation: See Code Section 18.96.030 Page 1 ---03/oPY92 12:35 T7503 256 2342 GEORGETOWN CITY OF TIGARD 10003/003 „T 130 f OF 2 fo r ti • h w SINGLE FAMILY AND DUPLEX CHECK LIST FOR SUBMITTING BUILDING PLANS NEW ONE AND TWO FAMILY RESIDENCE: 3 sets of plans 3 site plans -- to include property lines, setbacks, and erosion control placement Application form -- including site address, subdivision & lot number, names of contractors (general, heating, plumbing) $250 plan check deposit ADDITIONS OR ALTERATIONS: 2 sets of plans (3 sets if adding square footage) 2 site plans (3 if adding square footage) -- to include property lines, setbacks, and erosion control placement Application form -- to include names of contractors (general, heating, plumbing) Plan check deposit (based on valuation of construction) PERMIT FEES AND DEVELOPMENT CHARGES Building Permit Fees: Based on valuation of construction as per 1990 State of Oregon Structural Specialty and Fire Life Safety Code Fee Schedule Table 3-A. Plan Check Fees: 65% of building permit fee 25% of mechanical permit fee State Tax: 5% of permit. fees (building, mechanical, and plumbing) Plumbing & Mechanical Permit Fees: Based on the 1990 State of Oregon Fee Schedule Development Charges (new one & two -family) : Traffic Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,460 per unit " SSDC (storm drainage) . . . . . . . . . . . .. . . . . . . . . . . . . $ 280- per unit. Zto PDC (parks development) . . . . . . . . . . . . . . . . . . . . . . . $ 500 per unit * Sewer Connection $2,100 per unit Sewer Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 per bldg._ * May be subject to additional assessment for construction of public sewer. MISCELLANEOUS Electrical Permits: Contact Washington County -- 684-4632 Water Meters: Tigard Water District -- 639-3516 Tualatin Valley Water District -- 245-3331 jlh/sfd - .nom-_ �� ►i■�� -- ��,; -, '� ■,�1 111116 �� ♦ � ♦ ` ; - WAD ■ •1 ��, .fir r •■_X11• " � � � �- - .NINON .�� - - rte- .�� ►.- .�r��►��. -- -/��1 mill ArM ■11.11 .� � IN.� • • � ® ■"� ' ��'� ,■ � - � 111i1,�p ��" :�� pal! �!t®� � s I _ ®■■�� ■0■H■ RON � �� ■ � �� . /111 moons _ _moi ■ ■� �' ■®■■■ .. ■� Ea\ :7��'.�� a .■■.r SEEM An � �� . 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' d x c M O c O 0 4 CH7 H O H W H U A E� H 9 0 r- � �s� ��' �� V tl} LA Cy N 1l H U `Zi PC H F'c W W U H H q o E �/L O M i O H 'a H i i i H i i i I i i f H 'Zi `� C' u a) 1 T.>ci �1 O A '�,' H W `�+ Wq qO i a ��„ Ll. wa Oc O o A ',s. '.>.' W O a a E O Z 7, ar'i 2 x PQ o �+?S _ LU m N O m U U W O H H ,~i 0.0 O O O O O U o o A N 0 C>O O Q Olt N r LL Mi ci Z rl M iil I!1 y 0 r-i M LO to ti ON H r- �!r d, Mr, V W pNO LN ¢ m co r W N N ao 0o r. r. cA c co F- oomwoQ z o �ooL G_ LU N M r 1 N i3 tD CD tD co (� r- 3 N W <~ c Y. a p w �^ civ acro coo cRT coo ado h- 3 N ri c ' f'!w U eC N t en M m m a. m Q Vk'Vi. U v o00o O OO V 3.� Incnus c c mZ OtM rl M MUUUU W c y O ^ CAW M M .� *O Lo N Ot O a% ZO w Cn W A r- co W N a. O c o U) W � p 0 > N N .� �Cy M e a 4— a LLI a o O. Y 2IW tr) 00 rl ¢a- •• trz W 3 Q. o 000 0 UJ w w ^ W 0a Ul Z a 0 000 Y H o } z W0 ��1 � Q pcy c m (Dni\nu\i cC°., � F- .Wa m CG �i W �✓ 1— ¢ .2 G COL.2 0 8H rl ri LU y n= a- d 3 b W w ui N o a UJ > V Lu Lu w Ucy � am Cl 3 ami R s �-i W c F' - C47 CL U 0 IL LLiQ a7 � � �' CL = c> > tc�a ¢ > r- a. 0 a Sc� T a Robert E Ruedy `s a. LL iTER OF TRANSMITTAL IL 14185 SW 100t" Avenue OF"' 2 2 2006 Tigard, OR 97224-4951 Date: 12/21/06 Job No. Ruedy Property (503) 620-5997ATTN: K. J. Peerman "RIE: Measure 37 Claim Filing, TO: Permit Center& Planning Department r-p. City of Tigard, Oregon 13125 SW Hall Blvd. Subject: Supplemental Information Tigard, Oregon 97223 Transmitted are the following: ®Attached ❑Under Separate Cover via the following items: ❑Permit Drawings ❑ General Specifications/Scope of Work ❑ Shop Drawings ❑ Submittals ❑ Samples ❑ Change Order ❑ AutoCAD file(s) ❑ As-Built Drawings ❑O&M Manual(s) ❑ Copy of letter ®Other: Supplemental Information as listed below. Item Copies: Dated. Doc. Page Rev. Description: No. No.: No.: No. 1 1 set 12/14/06 M37.20 Pgs 1-14 of 14 1 State of Oregon Measure 37(M37)Exhibit T,Preliminary Title Re ort&Insurance confirmation 2 Pg. of 3 Pg. of 4 Pg. of ❑For Approval ❑ Approved as Submitted ❑Resubmit sets of copies for Approval ®For Review and Comment ❑Approved as Noted ❑ Submit sets of copies for Distribution ❑For Your Use ❑Returned for Corrections ❑Returned sets of Corrected Prints ❑As Requested ❑For Bids Due / /_@ AM/PM ❑Price Prior to Proceeding ❑ Other: Routed By: ❑Fax Immediately ❑ Courier/Taxi ❑Fed Ex—Priority Overnight ❑UPS—Overnight ❑U.S.Mail—Overnight delivery ❑Fed Ex—Standard Overnight ❑UPS—2nd Day Air ❑U.S.Mail—Standard delivery ®Hand Deliver ❑E-Mail/Modem ❑U.S.Mail-Standard ❑ Other Comments: Please attach these documents to the City of Tigard,Measure 37 Claim Form submitted December 1, 2006 and is awaiting city staff review. Copy to: File Signed: C LETTER OF 7R.ANSMIITAL -12/22/2006 Page 1 of 1 December 2006,Rev.I 1::/14/kilo 14 14 rXA D1.:J lD IILLLJ llll\l1V L61.11-I JX. -GJ X NIS vT T" SCHEDULE A Order No.: 12-1213701-28 Policy No.: 27-041-92 623842- Amount 23842Amount of Insurance: S 212,000.00 Premium Amount; S 958.00 Date of P01icy: January 14, 2002 at 02:30 p.m. 1. Name of insured: Wells Farga Home 11Aortgage, Inc.. its successors and/or assigns 2- The estate or interest in the land which is encumbered by the insured deed of trust is: A Fee 3. Title to the estate or interest in the land is vested in: Robert E. Ruedy and Donna L. (wetly, as tenants by the entirety 4. The insured deed of trust and assignments thereof, if any, are dzscribed as follows: A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $212,000,00 Dated: January 8. 2002 Grantor; Robert E. Ruedy and Donna L. Ruedy Trustee: rorast N.A. Sacci, Esq. Beneficiary: Wells Fargo Home Morrgage, Inc. Loan rho.: 0023085581 Recorded: January 14, 2002, Recorder's No. 2002004944 T�v!and r�izrred Lo in this policy; si.uata-6 in the County of Wasnln9Cor, Stats of Oregon, and is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF Tc iS ?Qi iCV -VAUD ONLY c£ SC,,4EDUL£ 8 IS ATTAQX60 Pude 1 8226609609 T 6 01 099 S T 8 T 09�1W BWOH 09�]d3 S-1-13M id3 82: 00 9002 91 73CT Ilfll L6an FOlzey of 'Title Twurance Fidelity National Title Insurance Company Policy Number A Stock Company Z7-04�-9i .:� ' ' 238 2 LOAN pO LICY1 OF TITLE INSIURANtCY, SUW,ECTTOTHE,r—YCLWTONS.FROMCOV�ERAOE TfjBrX= 'OMFRQMCOVz&4C'F CONTAINED 1N SCHEDULE -P AND THE CONDITIONS AND S77PULATIONS,PIDrLITY NATIONAL TITLE INSURANCE COMPANY,a corporation, herein called the Company, insures, as of Dare of policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stared in Schedule A,=rained er incurred by the insured by reason 4f 1. Title ro rhe estate or interest described in Schedule A being vested ocher than as srared rherein; 2- Any defect in or lien or encumbrance on the rifle; 3. Unmarke*abdiry of rite rule; 4. Lack of a right of access to and f va, the trend; S. The invalidity or unertforceabillry cf the lien of the insured mortgage upon the title; Thr priority of any lien or encumbrance over the lien of_he insured mortgage, 7. Lack of proriry of the lien of:Ise iWVred morrgage�Jer any SUPlrory lien for services, tabor or mzrerial: (a) arising from an iM,2Mvemenr or FvoYk related to the land which is contracted fpr or commenced prior ro Dare of Policy; or (b) arising from an improvemenr or work relared to rhe land-which is conrracted far or commenced subsequeru to Dare of Policy and which is financed in whole or in parr by proceeds of the indebtedness secured by the insured morxgage which ar Date of Policy the insured has advanced or is obligated to advance; 'Ire ;rtvGl;ati. ;,r unenforc,,&W;:y crany assigrarehr of rhe insured mar_o2g?. ?ro1'taea me (r9Stg�lm¢rri is shown !r. Schedule A, or rhe failure of the assigmt1enr shown in Schedule I to vest rule to the insured mortgage in the r.n•ed hu:,ed assignee :e and czar o,`all ::ens. Tr_e %or,apc.•y W,s►l alio day the r,�+srs. nirprr+e±s'fees and cxnensa incurred in defense of trrr rule or rhe lien of MA insured mongage, as frssured, bt:t amly to the exrerr prz-vided in rhe Candicic"s and SripulariorU. IN WITNESS WH,5RFOF, FIDELITY NATIOPfAL rlr.ri INSURANCE CJ,L.RAXY hax caused this policy to be signet'and sealed by its duy authorized Q#'WrS ss Of Date of policy mown in Schedule A. ,qdeliry Natianrl T"Etle Insurance Corr-pang P0Rq% n SEA, t4 - Cc,unzen5 i gn - n�:,rr.gnrj .� c3ivC: S'fi1 .--I 5777 C(;S''Qf'rilc T C n I Mr J 0 r T 0 T Mr)01.1 71.Ir%U nCl]JW-j 0117m 11..1 n-7. MM nr -- CON11MONS AND MPL)LAInOM•(Contwund(trim RoTaca Stde wr Polio VO4) 4. 1DEMSE ANA PROSECUTION OJE ACTIONS; D4Tf11 OF rNSUREID or the indebtedness shall rratlsfer,assign,and canvey the indebtedness 2nd the in- CLAZ(ANT TO COOPERATE Bused mortioge, tegtrher with any colliter-11 security,to the Company upon pay- (a)Upon meritma rtqutst by the insured and subject ra the option contained in mens therefor, Section 6 of Lhasa Conditions and Stipulationwn s, the Company,at iu ocost and Upon the cxcrdsebyThe Colnperlyofcithcrofthcvpdvns ro�idcdforinpatagrsphs without unreasonable delay.shed)provide for the defense of an insarad in litigation a G)or(ii).all liability and obligations to the insured under this policy, other than its which any third party asseru a claire adverse to the fide or interest as insured, to make the payment requiter in Those paragraphs,sh:derm l tinate,including any but only as to those stated cAuses of action alleging a defect,lien or encumbrance liability or obligation co defend,prosecute,orcontinue,any litigation,and the policy or a64e: timet:I..surcel against by this policy.Tht Company shall have Elie right shall be,urrendered to the Company for caruellaiinn. to scree :.s:1 of'rs rivice(snblect to the right of the insured la Object fee reasonable (b) To Puy or Otherwise Settle Wil4 Parties Otber than the fos❑rcd cause)to rcpr=cnt enc insured as Io dross.rated Cause?of acLion and shall not be or Wlih the Insured Cltwnsnt- IIBDIe for><pd will not pay the fees of any Other counsel-The Company will Inas (i)to pay or vrher_1S4 serde with other parties For or in the name or an insured pay any fees,costs or expenses incurred by the insured in the defense of those elutes claimanE any claim insured igainsc under this policy,109c6er with any costs,at- of action which allege ruiners not insured against by this policy, tvrney5'fees and expenses incurred by the insured elaitrL9ne which were authorized (h)The Company shall have thr right,at its own cost, to InSE1[Dre And prosecute by the Comptuly up to the time of payment and which the Company is obligated any actiort ov proeceding or to An any other act which ih its opinion may be necessary to pay; or or desirable to cetablith the title to the estatt or inTercu or the lien of the thsurcd (ii)to pay or odiertwise scvjc with the insured claimant the loss or eatnaga pro- mortgage, as insured,or to prevent or reduce loss or damage to the insured. The vidcdd for under thl,policy,together%with any costs. attorneys`fees and czpenscs Company may take-,sty appropriate action under The tams of thin policy,whether incurred by the insured claimant which were authorized by the Company up tri the or not it Shall be liable hereunder,and shall not thereby concede liability or%sive time of paymcnE and which(he Company 4 abliEeted to pay. any provision of chis policy. If the Catnpany shall dxeiuise its rights under this Upon the exercise by die Company of titherof the options prov,ded for In paragraphs p4tag'raph, it shall do so dilioc_sly, b(i)or(ii).the Conlp_ny's obligatipns Eo the insured under this policy far the claim- (c)V hImoever the Company shall have brought an anion or interposed a defense td Ions or damngc,carer than the payments re9aircd to be made„shall wn-ninaw, as reaiiired or pcmllttdd by the provisions of this policy,the Cornpaoy may pursue including any liability or obligation to defend,prosecute eir egntinue any lingution, any litigation to final determination by a court of comperent jurisdiction and ex- 7. D>r'l'ERI IM TIO V AND EXTENT OF I I ABILITY pressiy reservcx the right, in iG sole discretion.i0 apptW from any adverse judg- This policy is a contract of indemnity ag5iD5t actual monetary loss or dermagc - niarit or order. wioincd nr incurred by the insured claimant who hss mfftrcd loss or damage by (d)In all cases where rhes policy permits or requires the Company to pro"MIQ feason Of matters insured ng%test by(lois polity and only m the extent hetero described- or provide for the dx�=c of ny action or proccedi.g, the insured 3ha.:sawn (a)The liability of Gtr ompdny under this policy shall not exceed the icast of: to the Company the tight to so prosecute or provide dtfWd in the action of pro- ceoding and all app-s therein,and permit dic Company to use,at its option.die (1)the Arnourn of Insurance Stated in Schedule A,or,if applicable,Ilse=Qum aline of the insured far this purpose. Whenever requester by the Company, the of insurance As defined in Section 2 (c) of these Condition;and SdpaWionx; nsured,at cite C-0rnpany's expense,shell give the Company All rc-uanlbld aid;i) (ii)the amsu7t ofthc unp�d priAeippl indeb_dress 5e.ured'oy the inststd mart- in say action or proceeding,securing evidcn=. ohtiining-knesses, proseeuling gage a;limited or provided under Section g of these C❑ndirions and S[ipul:idor s or defending the action or proceeding,or cfFoetinr sculdmtnt_and(ii)in any other or as reduced under eaction 9 of thnc Cvndit;oM and Stipulations,At the time tee lawful zC1 which rat the opinion of the Company may bel necessary or desirable to loss or dalnags insured against by this policy oscura,rogcthcrnvith intcrcm intron;or establish the ride to the estate or intoes[or the lien of the insuredttlortgage,tt (iii)the diffncnet bctwxn the virtu&of the.insured ersniz or interest M insured i.^.sia d.if the r'or,r:y'."a j";udiccd by thm failure of the insured ie)5.1lsh the And the w„!tie:r'he”%artd tstar-or t t�-est subject ry the de cc;•ilea or CRcutn- requtred cooperation,the Coroppy's ohligatioms to the insured unacr the policy brance insured against by this pule). shall tea nioate.including any liability or obligation to defend,prosccutc.or con- la)In Lha event the insured hers na9mrcd the dmie or(merest in the mariner described Lieut any liiigatwxt, with regard to inti htaucr or mantes requiring such cooperation, in Section 2( of hese Condniom and Stipulations or has conveyed(he title, then PROOF OF LOSS OR 11Altt/sGE the tixbility of 6c Compan)shill continue-Set forth in Section 7(a)of t4rse Can- 5. ditions and Stipulations. In addition to and after the notices required under Section 3 of EheSr Conditions (c)The Company will pay only those costs,attorneys'feet and expenses Incurred and stipulatians have boca provided the Company,A proof of foss or damage signed in acvardance with Seciiop 4 of th i3e Conditions and Stipul3uons. and ,,worn to by the insureil claimant sholl be fumi,hcd to the Company within B L)QYIIT'XTTON OF LIABILITY 90 days after the insured claimanr shall ascertain the Paco giving rise to the loss (a) If the Company establishes the title. or removes the alleged defect- lien or or damage. The proof of loss or darttatd shall describe the defeu in, or lien or cnaumbnnce,or curls the lack of a right of arcus to or iYom the land,or cure); encumbrance on the nitre.or other matter insured against by this policy which ear+- die claim of urimarke-nability of(iiia,or othomise establishes the lien of the inture=i abates the basis of Int&or damage and shall crate,to the extent possible,the,6110r mcngage,a112,insured,iia;e wrlably diligent manner by any Method,i;elLd:p9 of cale:rl;Luar;be 410unt of the loss or damage.if the Company it prtiudieed by li!tga1_❑a 1-na iyc cum lcEian m-: eels therefrom,it rarer'Gave null performed the failure Of tiz;neared eiaiatartt w provide ser rsquired ptoof of;mss or arnage, its obligetions with rnpect to that matter and shall net W liable for!ny loci Or the Cortpar y's obligations to the insured under the policy shall termioat_-including damage eauscd thereby arty libbiliry or obligation to defend,prosecute,or coMiAtle eery liti,etiop,with regard (b) Zn the event of any litigation, 'ncluding iltigation by the Company or with to the niwk.r or matters requiring such proof of loss or damage. the Company's consent,the Company shall have no liability for loss or damage In addition: the insured ciairr=t may remonably bel required to submit to cx- until there has been n real deternlinuti❑n by a tour,of cgmpcScnt jurisdizt til.amd amination under oath by any CutboriZv4 representarive of the Cnm(ianv and shall ❑rsposiuori of all appeals therefrom,adverse to the tide or to the lien of the insured produce for examination.is Pachon and copying,at such reamrtablc times*Biel places mvrgage, at insurd. u mny be&%ig mitd by my authorized reoresencsrtve o`the Company,a;;ieeordt, (c)The Company shall gni be liable for loss,r_darrarc to any io,t= -for liability `rim;zs, )cdgrrs.checks,correspoedeace ind nxmoracde, *hcthcr hearing a tate voitlniahiy usumed by the insured in settling any clwrn or tuft without the prier Wore or aft--Dalt.,r A.hy which.-e err-uy—Mill to the I=a-'-_Erma, written cotuent bf the Company. ;f cgtxsicd by any authorizod-Lpr+_senEadZ of rhe Company,the insurer claimant shall Si�rtt its ^:.^ :?4�, in writing, fc;ary au[horized reorese.,mw:e (d)The Company situp not be liable foe;(il say indebtedness cr�tad subsequcn[ or lac Cumeany to cxaAne,inspect and copy all record:,books,ledgers,Lhccks, to Dau of Policy except for advances mndc to protect the lien of the insured mer- ccirmsoondCnCe Ind memoranda In the custody or control of s third party. ,*.hick tP.age and secures thereby and rea-aonable amount<expended to prevent delertora- uent to Date rrmOrrsbly pertain to the loss or darnagp.All information designated as confidential of Poi ty except construction provclnleras:or(h) lost hd%vL--esrisrruction nmade subsequent tosDate of Policy by the inured claimant provided to the Company purniant to this Section shall riot for the purpose oT rinarirnpr is whole or in pazt the Construction of an improwcrncnt bt disclosed to others unless, in the wwrlable judgment of th=Company, it is io the land which sr Dart of Policy were secured by the insured mortgage and which rimcss uy to the administration of the claim.Failure of the imstued claimant to sub- the insured oras and centimes to be obligated to advance at and after Bare of Policy, Mit for examirratioe under oath,produce otricr reernnably requested information ur brant permission to secure rewonably nttcsrary information from third pwiie. 9• REDUCT107N Or INSURANCE;REDUCTION OR TERMINATION OF m required in the obuya paragrtgoii.(titles;,prohibited by Iaw or governmmmi rcgvla- LWILITY dor.,shall terminate any hnbiltry of the Company under Ellis Dvlicy as to that Haire, (a) All payments under this policy,except 2"mcnii made for costs,attorneys' 6. :PMONS 101°AY OR 0T4X1WtSR SETTLE CLAMIS:TERNOA.-aOM fops and expenses,shall reduce the amount,ii[the Ensurorce protanto, However. OF 1,LADfI.CI'tt any pvymcnts made prior to the ac�tiutdott of pile to rite Alte or interest av provid. ed in Sc:uon 2(a)of these Conditions and Sdpu6tihns shall not rcduer pro Lint* In case of a claim under this policy,the Compuny,shall have the rollowing Addi- Late arnoum of L`.a msurana auordeG under this policy except to the extent that the dow options: payments reduce the amount of the indebtedness aecurcd by the insisted mortbagc, (a) To Pay or Tender Payment of the Amount of Insunncc yr to (b)payment in oatt by any pemon of the principal of the indebtedness, or any Pureh2se the Indebtednew. other obligation secured by dee insured mortgage,or tiny voluntary pnrtinl sadsbo- iij rp ivy n"rr+triu ria merit Of(lk 47t:5tAS of i�t�ranca 11C(5•Lha°^^airy to the: r •'- g- dart or re:4tse Of the ltuanrca riortgage.to the extent of the pavmcnt, satisfaction v+_rh any coca,attnmeys'fen and prnsct incurred by du insured claimahr, which Or t•;e si.:f mit^Fuer:The_tr_� of insurance;;:sate,?tc_inount of induranc- were authoriazd'oy the Company.tin to I to Time Of payment or tender at payrncOT nay thereafter be increased by aceruinq jIMMI.and udvanees made to orot=the and which he Company is obljgued io Jayt Jr :ice of the 41511rad zaarigaPrc and Yrrartd Ehcreuy, with interest thercen.provided J7 l4 purcluix the iatle'vtrwtcy�statue d by cite,insured marte:gc cur Jt=umaum ;o no cutin shalt the amount Of LI1Sminpce be$rester than the Amount of insurance owing:hereon togcshor With tiny aeras,attorneys' fees w,id 7-pcps is intui7c:Cy ;a cd In Sehalwe A. �.'L0.rZ 4= N :h;r: ,.,►..��o-n:v_-n.�_ .�i _ :.tic of �e; ilay.meat. ml by•siv r'1er"la or Lisa y, ;er=a r: c v ,•1,.,.n ,. .�ti voluntary,j:ticFx=era or C nw. ary ;� ;Iigamdl pay. y~W VV- insured atortgape,;htii terrrunate act iiamhry vi ria C;.imnany e-xccot at groviceri if rhe COtripany offers m purchase the indebtedness as Ileretri provided,L ze owner ;_ �_sn (.1 rat':%Csc 'aa0i cs_gid Stizudauora. t7 ' cl 6Z2666901219i 6 01 0C;2.9 S 19 12 t::)?l W _-:1W0H 0q?lH-4 0,11''qM N-4 R7 :Ret gM917 c T -)err _ Order NO.' 12-1213701-29 Lender's Extended Policy No.; 27.041-92 623842 EXHIBIT "ONE" The East half of Lou 13 and 14,TIGAROVILLE HEIGHTS, in the City of Tigard, County of Washington and State of Gregor. EXCEPTING THEREFROM; The North 100 feet of the East half of.said Lm 13. Page 21 order No.: 12.1213701.28 Lender's Extanded policy No,: 27-041-92 623842 SCHEDULE B PART i This policy does not insure against loss or damage (and the C;QMPanY Will not Pay COSTS' irtorneys'fees or expenses) which arise by reason of: l Covenants. conditions and restrictions. as shown on the Plat. Recorded: December 30,1907 in Plac Book 2 Page 38 Reference is made to said document for full particulars. Page s nn . n--r r r n n n nn nnn-i .LAI 1.11 UV J.1,1�J.J X"44 V14J1V'. 11LLL�J L't11lVV Ltil•L1•1VJ1- WJ' � •� Lender's Extended Order No.: 12-1213701-28 Policy No.; 27-041-92 623842 SCHEDULE 8 PART l! In addidon To the matters se� forth in Part I of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures That these matters are subordinate to the lien or charge of the insured deed of trust upon the estate or interest: NONE P-�gc 4 r ra• o��ccnonr r-T c n i Mr-r 0 r TO T M J1.1 =ii.inu nC111NJ c-t-1am v-i oora a m m r r (T .4"•+ .1.'A, VV y•1.yV AlLIA YA/.Vd V`/ +i liLL.7 1'Lll\\TV 1l 111Tlt.VV)1 �'J VVJ Order No.: 12-121S701-28 EXTENDED COVERAGE ENDORSEMENT AT79ched to Policy NO- 27.041.29 52SBa2 by FIMIT`( NATIONAL TITLE INSURANCE COMPANY Premium: X50.00 Datz: ianuary 14, 2002 The Company hareby irmures againsT IOP, which b,Aid insurod shall sust8ln by rmason of xrn/ of the following platters: 1, any irlrorracTness in tha assurance of the Company hereby glvas; (a) Thar thcrP are n0 covtn8nts,r,OnGitionS. or restrictions under which the lice of Lye lnorrgage or deed of tl'USt referred to in Schedule A can be cLIT off, sulsordinrlad, OF otharWiSO impZiirQd; lh) That Therr.are no present violation-) on said lance of any enfoccclble covenant9,conditloos, or ra:TrirtlanS. {cj Thar„except ac shown in ochrdrila B.there are no onrroachmenCs o(bLiiltlings.structure_or improvemenr9 located on said land onto adjoining Isnds, nor any anrroachrttants onto:aid 13nd Of buildjnjs, or sin.tcturea, improwtrrnahts IArated on adjoining lands. Any future vialationa on sail land of ony covenants, conditions,or rentricLions occi.Irfing prior to of quisiUonS of Lille to said land by the Insured,provided Such violations, result in loss or impairment of tho lien of the mortnage or deed of trust referred to in Sehedulc A,or reeulT in IoSs or intpeirlrBnL of the title T,O Itid land if the Insured shall acquire title in rotisfaotion of the indebtadness tw.ured by `,uch mortgage or decd of trust 3. Damagc to existing imprOvamtnte {aJ which ar8 Ioc itcd or r-mcteach upon that portion of the land sublort to any oaocm-nt ohpwn In Srlledulo 6, which damage resultB from Via ex rcita of Tho right to use of main usin such eagemuot far the purpose far which the tom,was grtvLrBd or reserved; lbj reSulTlna from the exarciso of any right to us"the 5urfa!a of said land for the ey,T;actian Or development of fhz mincrfjIS exco,,)Tad train the dc :ription of oaid land or:hewn 3,, '2s2nitlT;an in S:I aulc S. 4. Any final tour:order or jud;Jmoht mquinng removal from any lend adjoining said Lynd of fany anrroMOhmont Shown UT schedule s. No coverage is provided under the endorSomont as to any covenom, condition, rr:miction, Or other rlrovisloo relating To anvironrnental protaetion. AA uacd in this endorsamcnt,the words''covr3nants, conditions,and resTrictiDns"de not refer to and do not include The temld, covenanes, conditient,ronuie�rionS and Iintixations,ronruined in any ineuurn,rm creatlrlp a lease, The total l'iabtlity of the COrnpany under acid policy and any andorctrnam ncivein shall not exceed.in the.9ggrugale,the rah.-) amount of said policy and cost: whish the Company is obligared under Tha stipLilntlenx Inaroof t0 Pay. This ondoraerr-ont is made a pan Of?,aid policy an le 9UbjaeT To Tha HrlledUlGL, Conditions. and ;lipulazion3 tharoin, axrepc 54 ut:if ed b,tho p"r�iaicr, harev'r• Fidelity Ni aiional Title t�aUtv1NCJ: 4Ovl I`xNY rNTCO 10,7 OLTA 52 CLTA 100 Countersigned n n , n��1'^f^f'.,"1,",f],".T f^ I'1 , A i'• , i Y �+r,"1 T,,1 -11 1 11 1 1 —— . — -. — -.—— —- J/- A , vv VL- Vl 'XJv1.v Order Nu-: 12-12112701-26 LOCATION OF IMPROVEMENTS ENDORSEMENT Atrachcd To Policy No. 27-041-9Z623842 Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Daze: January 14, 2002 Premium: 60.00 The Company assures the Insured that at the daEc of this policy there is located un the land described therein, improvements having a street address or route andlor box numoer as follows: 141853W 100th Avenue, Toard, Oregon 97224 The Company hereby insures c112 Insi,red ngalnst loss whicl) said insured shall sustain in the evenr That ne assurence herein shat[ prove to be incorrect. The total liability of the Company under said policy, and any endorsement rnerein stiall not exceed, in rhe aggregate. the Face amount of said policy and costs which the Ccnipany is obllaated under the conditions and stipulations thereof to pay. This endorsement is made a part at said policy and is subject to the sshedvles, conditions and stipulations Therein, µ"Capt as modified by the provisions horeof_ Nothing herein contained shall be canstTlAd as extFnding or changing the effective dare of said policy, unless otherwise expressly stated. Fidelity National Title INSURANCE-' COMPANY NTCO 10.13 F FN T IC 466 countersigned OCTA, 59 CLTA 115 P77r-PPq MC T P n i PC) 4 C T R T 2 )>4W :4111014 nr)NH-15-1-1.4M >44 F7: RA -gRR7 Q 1 17R w w� ..v r• ry • aa vrrvr .a.a..i.✓ ar.a�vv uF}i.aa.�.y�,a 't!-J V11 order No 12-1213701-Z$ E(`1VIRONMENTA.L FRO-rECTION LIEN ENDORSI;MEN•T prter_hed to Policy No- 27.041.92623842 Issued by FIDELITY NATIONAL 71TI E INSURANCE COMPANYprgrnium: $0.00 Date. January 14. '002ed primarily for n afforded by this endorsement is only effective i( ;hs land is used or i5 to be us P Th9 insuranc. residential GurPp$eS' a Sustained by reason of lack of prionty of the lien Of t The Company insures the insured against loss qr damag m5ured crust deed or mortgage Oyer: constructive notice of matters rei{Ting to d IAC is recorded in those records establisllod un er A environmental pr�tzctian lien which•at date of p arTi 9 1. oliey for the PurpGS2 of imp e or filed in the records of the clerk n State statues az data of p i ut knowledg in Schedule 6: or to urchaser- for value and w tho land ly located. except as sef forth prop P States district court for ttie dls[rirt in which the oi,c exceDc- environmental Orot"-ction lien provided for The follow ily ?na Satetp tStItutesct at dote Of p Y• Any rpiecti°n liPns provided for by environmental p rVpNE made a pari of the policy and is subject to all of The nemn��mods esoanytofrthE tereof dms and This endorsement is ,reTo. E ceDt to the e,,pnt expressly stated, prior endflrsements Lh"and any prior pntlorsements, nor oyes it extend the effectiva date °i th°poiicY end any provisions of the policy �t increase the fare amount therPol prior endorsernents, not does FidelityIaiiorlalie FNTCO 10.34 FNTIC 453.1 +r ALTA 8.1 4LTa.9M Countcrsignecl CL?A 110.9 a i ' RP7RSC9P Rq i S 01 Plgl 9 S 18 101)NW SWOH 09NdE SI-13M NE 62: 80 9002 SI DEC Fidelity National Title Company of Oregon N �.� NTV F_ Map # 2S111BB 00500 s The drawing below IS cupled frorn the publ is retbrJ9 and IS provided 3uIely for the purpme orC96ivmg in lgentjng the(7remiaas. Fldaliry Nacional 'fide assumes no liability ror variaSion3,if Arty,in dimensions, area or IoCadOn of the premises Or tha 1Or00 of improvements ascertained 1)y=W-11 curi'ey. +-1• 1301 's llsa W ' 3,62 AC .31 At ).0 •:72 AC, �e •. z�. I1277u � 51-1 25 ' I$ $I I o Bos r filo 400 a 73 AC tI 13 f" 75 AC >-IZO-74 1300 I 500 7.1 AC I II r 7.16 AC 141 N➢O;�IB.1�W S-B.Ba ' I ,� I I L �..• J ,1 1 . ,l. ry�ry-- I :l1.2E.ioE� 0 ,� .�•�71rdn I•nl�- J 00;57 f,9A �1 Q c 33 AC 1.x17/1, Iy � .I♦Q N89-6l-OBW I ;00170 _rte. 1Q80a" - ' J84, w j � 7 e' :5711}y, f 3SA° Boa rl �Iac 1040 900 f M AC I a4aC .)2AC i l AC 16 l rl - .-.-.-.c•.�.-�-1� y��-•�•.�i... ..t•. .��7.G0, ,�(_-. n].06 �C_- B7.?0 1 I 1 N . . i• b:a.70 Go.?•ao.00W j' 1 1 'IS)I fS4 ?o •• 201, r t i7i7G T� 11f�0. ,.'I rizl° - •'a' , I� ,17r•G ^'+ 1 0, '• f _ zS 7�fl/•1LO� \_/� 1 .00 e s Y) ` TERRACE art 1of�0o_y` J i V� i. �7 _ _,_ _^7 d �• C &!D 4.09+N ta0 00� .., --�G I `�. •7�a? ..... :;t77 ova .v �,.-_ ,___..__ 7 - 10470 , ° � 1 ! A I n y o '077100 gal A o IoW' .,oa ':I 2S:;:BC •'�•�� 47 4 .c a7 At, £ L('� � 19AG = 1 i1 n 00 I� n9.WJ NLQO ,00'7 ,.00 �O(?.W :LaC y� 90 ___ - •1 T T J 077CCS C3L1(7r T C n I ra r-7 o r' 0 T ra nil 1.1 n1.InU nnVu J rr-1-,-1m \1 1 nn-i r. - -- "Order No. 12-1213701-28 A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby , Amount: $138,700.00 Dated: July 28, 1998 Grantor: Robert E. Ruedy and Donna L. Ruedy, husband and wife Trustee: Mark Peterman Beneficiary: Home Savings of America, FSB Loan No.: 019758648 Recorded: August 3, 1998, Recorder's No. 98-084665 1 Line of credit Deed of Trust, to secure an indebtedness as shown below and any other obligation secured thereby: Amount: $46,000.00 Dated: August 19, 1998 Grantor: Robert E. Ruedy aka Robert Ernest Ruedy and Donna L. Ruedy Trustee: U.S. Bank Trust Company, National Association Beneficiary: U.S. Bank National Association ND Loan No.: 66400100337120001 Recorded: September 28, 1998, Recorder's No. 98-107201 The following matters pertain to Extended coverage only: 11 Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. To remove this item, we will require an affidavit and indemnity on a form supplied by the company. J/ Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. The company will make an inspection of the premises and this exception may be eliminated or limited as a result thereof. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. To remove this item, we will require an affidavit and indemnity on a form supplied by the company. END OF ITEMS AND EXCEPTIONS NOTES; Note A, The address of said land is known as 14185 SW 100th Ave., Portland, OR 97224. 4 c r A ❑77Qr-PQ Frac r a n i rac) 4 c r Q r 01n)41.1 -11.1nu nCl?!H-a c-1-1�m N-4 asera 7 1rr '*`--/Order No. 12.1213701.28 Note S. There are no judgments of record against Robert E. Ruedy or Donna L. Ruedy. 5 , Q T J Q77cCP0P ar^T c n i Mr^J 0 r T 0 T ranyi.1 �i.inu ne)LN J c-1-1�m 11J c7 0ra 0MM-7 _1d101 * Fidelity National Title Company of Oregon _ N ._� W E Map # 2S111BB 00500 s 111c drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. Fidelity National Tit1c assumes no liability for variations,if any,in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. 94.60 I 1301 1rg�Mit` 90.00 LJ1 ,'`I• a �, �i a,e2Ac I $ �-`�-� � �' '•(� l �8II1.f8A` ' , �'�; nI I I 300 $ W I �' p>; ml I I .31 AC t I ' �, - -•--.. _ -�.-.-... _..,.�-. 19771 (jJ II .' <`•zBJiTas. •I' A.�,�,w?1' �5 ,.. 211, $ 400 $` -7 AC Z 18 .76AC j L � 4 �1_23-74 _ I +I._ 't LU vao VC, 500 532':9 1300 1.14 AC NF2�a 32w +o .az AC 1a -- ry 139.98 �� 700.00 216.16 /Q7t ti.J��1 Bea-96.00E / I ,'$81 T1a4 I Q 601 =� sirreA 57 AC M I= 1200 \J 600 , 33 AC 15 I t.30 AC z N89aE-Dour4 44- 696.70 ° 1 .,86,w, '� 1ai•eo 171,00 I -SI 2e4.70 1100 I .96 AC 800 700 , L •' 91 AC 1000 900 .35 AC .35 AC 72AG Ac 16 I i i�J I I I 1 120.00 _• ` 220.00 36th 1•,. _ 111.00 •�T 67.20. ..., - . 1��'• -h. �a�,uc, •:�.Y1�. 1 \\tvKtl"�9Ra�>,4, 1�, '71� . �9 � .00.;` .�2a.7q ' ' t �N69COE• •�.' `y- •.�,' •�669+�6-00vy� I '2S7f1�A f\,^'.•,:.._,i•r.,'^ .,•' `�' •� �' `1 � , ,� Imo- 29001of,p �28fi78C,' 99 '2S1 fJH0.'� �n .1TTH�''~ •e�y� y' ,'��' '<• I'"��' •.33 AC i�T• �i fR• 1700 L�0„ r .��,., � .'' 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K �'" ''•, r' '�, " ACETERR pe > J : \ ,- \t ,y,' ,`t .1,' ate, . \Y, *11 13in 74� 'K` , __ �` � JS,\ ':♦ ,`;` tw\ i\' `a` `i\. ``. ``\ yF\ , h\ ,/",,.'^ � ,y. �' i\ A2 N Map No. 2S I I BB 00500 TRANSNATION TITLE AGENCY OF OREGON 12360 East Burnside Portland, OR'97233 Phone (503) 256-4163 Fax(503)254-6992 This plat map is for yow aid in locating yotr parcel with reference to streets and other properties. While this plat map is believed to be correct the companyassurnes no liability for any loss occurring by reason of reiiance thereon. .� vxkoa rr -- 0� p. W 7. vi NZ ✓ m px ! z~O ✓< (� p m ( if_ a moo` n � Ic iv y o ¢' a � N OoII 3 T< N a ?- �_ N 61� b; �W02 w�Sa` N J ��:,u .:o or _K / 7 v' ¢�° t: b ori OScZ~�€' Zwa ,/ fom' m� UcQi' ' o LL ^ U w�p0;,8mE O cQ E LL Z n .m n ro a o- :3 m r =z o m _ s ° 0 020 mE� �3 2 3• � Q I N tq N N�' 10 aXX 0 n$C Me Do m > m �DSCa � N �O 3: m N 7 `•.rv$'n 8. ,•.3''�Q :9H .'�,u '3'' 9ocnov',•'. 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Mail -robrued ahoo.com �� Page 1 of 4 YC�Y �%YN f � tT V MAIL Print-Close Window Subject: #6084057 Date: Tue, 5 Dec 2006 09:09:47 -0800 From, "Peter Balzola" <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> htt ://transactionnw.com/ASPEn ine/attachments/28030F941A38495CAAEA6FF75O6EO9C6 email.htm HTML Attachment - Peter and Cynthia Balzola 503-684-2182 • pbalzola@pru-nw.com www.balzolaproperties.co ° °1 MIs Number: 5084057 LOTS AND LAND List; Price: $158,000 Status: Pending Sale 'd Address: 17332 SW Minnie � � City/ZipCode:Aloha,97007 x PubRmks: Direct: Hart to Bany.Left on 173rd Right on Minnie Ct f VTour: i Legal: LOT 2 NOEL'S OVERLOOK OF ALDRICH ACREAGE . Expedia . Mapquest Ex_� Image 1 GENERAL INFORMATION Area: 150 Beaverton,Aloha Status: Pending Sale List Price: $158,000 TGuid: 624/17/6 Sold Price: $ MIs Number: 6084057 SellerDisc: EXEMPT Zoning: DOM/CDOM: 17117 County: WASHINGTON TaxIDNo.: R0160587 Listing Date: 09/19/2006 Ele.Sch: ERROL HASSELL Taxes: $0.00 OList Price: $158,000 MidSch: MOUNTAIN VIEW LandPropTp: RESID Expired Date: SrHiSch: ALOHA Pend Date: LAND INFORMATION Lot Desc: Present Use RESIDNC Waterfront, OTHER Lot Dim: 4967 SF Topography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surface: PAVED Acres: Perctest: Landlease: N AddParcels: AddParcelsDesc: View: TERRITR LimRep: N River/Lake: ManufHseOk: CC&R: Y Avail: SALE OtherDisc: SoilTypeClass: Escrow: Fidelity Nat Title http://us.f302.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=2674_71755534 2112... 12/5/2006 Yahoo! Mail -robruedy@yahoo.com �, Page 1 of 2 e"t-8 i T M A I L Print-Close Window Subject: Date: Tue, 5 Dec 2006 09:13:33 -0800 From: "Peter Balzola <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> http://transactionnw.com/ASPEngine/attachments/3B9A68D44BE64B809963315E23A25D48 email.htm HTML Attachment Peter and Cynthia Balzola 303-684-2182 pbalzola@pru-nw.com www.balzolaproperties.co ,if Mis Number: 6084063 LOTS AND LAND List Price: $158,000 Status: Pending Sale Address: 17380 SW Minnie City/ZipCode:Aloha,97007 " PubRmks: Direct: Hart to Bany.Lefton 173rd Right on SW Minnie Ct VTour: Legal: LOT 4 NOEL'S OVERLOOK OF ALDRICH ACREAGE Mapquest Expedia e j 1 rar r 4 4t Image 1 GENERAL INFORMATION Area: 150 Beaverton,Aloha Status: Pending Sale List Price: $158,000 TGuid: 624/F/6 Sold Price: $ MIs Number: 6084063 SellerDisc: EXEMPT Zoning: DOM/CDOM: 17/17 County: WASHINGTON TaxIDNo.: R0160587 Listing Date: 09/19/2006 Ele.Sch: ERROL HASSELL Taxes: $0.00 OList Price: $158,000 MidSch: MOUNTAIN VIEW LandPropTp: RESID Expired Date: H SrHiSch: ALOHA Pend Date: H LAND INFORMATION Lot Desc: Present Use RESIDNC Waterfront: Lot Dim: 4142 SF Topography: Rd frontage: LotRange: 3K4,999 Soil Type: Rd Surface: PAVED Acres: Perctest: Landlease: N AddParcels: AddParcelsDesc: View: TERRITR LimRep: N River/Lake: ManufHseOk: CCBR: y Avail: SALE OtherDisc: SoilTypeClass: Escrow: http://us.f302.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=2902 71808104 2113... 12/5/2006 Yahoo! Mail - robrued ahoo.com Page 1 of 2 YC�y AI L � Print-Close Window Subject: Date: Tue, 5 Dec 2006 09:15:35 -0800 From: "Peter Balzola" <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> htt ://transactionnw.com/ASPEn ine/attachments/47262DAFl2B7483DB656175740EBD432 email.htm HTML Attachment Peter and Cynthia Balzola 603-684-2182 • pbalzola@pru-nw.com vAvw.balzolaproperties.co MIs Number: 6093635 LOTS AND LAND List: Price: $165,000 Status: Pending Salelo- , Address: 0 NW Albemarle :R City/ZipCode:Portland,97210 z F. PubRmks: Tucked into a comer between#419 and#485 NW Albemarle thisx� Rare NW lot is perfect for a contemporary'dwell-style'home. w some view towards the North-go see what they're doing toward the end of NW Marlborough-similar conditions and lot size. Direct: Up Albemarle past NW Ariel e , VTour: ; Legal: KINGS HTS&RPLT;LOT 6 BLOCK 28 rs Mapquest Expedia Imagell GENERAL INFORMATION Area: 148 portland West, Status: Pending Sale List Price: $165,000 Raleigh Hills TGuid: 596/C/5 Sold Price: $ Mis Number: 6093635 SellerDisc: Zoning: R7 DOM/CDOM: 19/19 County: MULTNOMAH TaxIDNo.: R198341 Listing Date: 10/19/2006 Ele.Sch: CHAPMAN Taxes: $1,249.82 OList Price: $165,000 MidSch: WEST SYLVAN LandPropTp: RESID Expired Pend Date: H SrHiSch: LINCOLN LAND INFORMATION Lot Desc: TREES Present Use RAWLAND Waterfront: Lot Dim: 4,450 sq ft Topography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surface: PAVED Acres: 0.10 Perctest: Landlease: AddParcels: AddParcelsDesc: View: SEASONL LimRep: N River/Lake: ManufHseOk: CC&R: N Avail: SALE OtherDisc: SoilTypeClass: Escrow: Chicago-K.Hays http://us.f302.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=3026_71851438 2114... 12/5/2006 Yahoo! Mail - robruedy@yahoo.com Page 1 of 3 MAIC Print -CioseWindow Subject: #6071634 Date: Tue, 5 Dec 2006 09:08:47 -0800 From: "Peter Balzola" <pbalzola@pru-nw.com> To: "Rob Ruedy" <robruedy@yahoo.com> HTML Attachment Peter and Cynthia Balzola 503-684-2182 KIM • pbalzola@pru-nw.com ' Mls Number: 6069406 LOTS AND LAND List Price: $175,000 Status: Pending Sale Address: 2800 NW ARIEL City/ZipCode: Portland,97210 i PubRmks: Steep uphill lot on south side of NW Ariel Terrace at NW Albemarle. up WESTOVER left on MARLBOROUGH9 right to ALBEMARLE left to I 4�� Direct: ARIEL TERRA - h VTour: Legal: KINGS HTS&RPLT; LOT 10 BLOCK 27 A Mapquest Expedia 41 Image 1* GENERAL INFORMATION Area: 148 Portland West, Status: Pending Sale List Price: $175,000 Raleigh Hills TGuid: 596/C/5 Sold Price: $ Mls Number: 6069408 SellerDisc: DSCLOSUR Zoning: R-7 DOM/CDOM: 70/70 County: MULTNOMAH TaxlDNo.: R198328 Listing Date: 07/09/2006 Ele.Sch: CHAPMAN Taxes: $604.13 OList Price: $175,000 MidSch: LandPropTp: RESID Expired Date: H SrHiSch: TIGARD Pend Date: LAND INFORMATION Lot Desc: WOODED Present Use RAWLAND Waterfront: Lot Dim: 55 X 81 Topography: Rd frontage: LotRange: 3K-4,999 Soil Type: Rd Surface: PAVED Acres: 0.10 Perctest: Landlease: AddParceis: N AddParcelsDesc: View: MNTAIN,SEASONL LimRep: N River/Lake: ManufHseOk: CC&R: N Avail: SALE OtherDisc: SELLER LIC. RE BKR. SoilTypeClass:SILT OVER BEDROCK Escrow: Fidelity National http://us.f302.mail.yahoo.com/ym/ShowLetter?box=lnbox&Msgld=2613 71728999 2112... 12/5/2006 y i PROCEDURE FOR BALLOT MEASURE 37 i� COMPENSATION CLAIM City of Tigard Pm?it Cer &r 13125 S WHO Bhd, Tigard OR 97223 Phorr&• 503.639.4171 Fax:503.598.1960 The claim must be in writing and include the information listed below. The claim shall not be considered filed until all of the re uirem.ents of the procedure are met. FOR STAFF USE ONLY Case No.: Application Accepted By Date: Date Determined Complete: Deposit: 1 000 (Deposit to be refunded if claim is determined to be valid. If claim is denied and ultimatelydetem-Led invalid,the claimant shall reimburse the Cityfor the costs the City incurs in processing the claim. If reimbursement exceeds the deposit,the claimant shall pay any additional amount within 30 days of a demand by the aty for full payment. If costs are less than the deposit,the difference will be refunded to the claimant.) IDENTIFICATION OF AFFECTED PROPERTY Property Street Address/Location(s):_ Z.;U7 �� ; y �0 /Jr Tax Map&Tax Lot#(s): 2—S 4-16 6f3 Subdivision Lot#(s): 7 CLAIMANT INFORMATION Property Owners/Claimants/Deed Holders'': Address ` 1 ()UrY Phone �� -"7 Caty/State:"-- C� (� .�Y �L� J (Attach list if more than one) zip: J - �'4 5 Date Claimant Acquired Property. Date Family Member of Claimant Acquired Property(if applicable). Names and Relationships of Family Members that are Previous Owners (if applicable): (Attach list if additional space is needed) Lien/S ecurity Interest Holders of the affected proper): 6 4 1 yoI�f L c l Address: v Phone: City/State: Zip: (Attach list if more than one) When the owner and the applicant are different people, all owners of the affected property must sign this application in the space provided on the back of this form. If the affected property is owned by two or more persons and not all owners seek compensation,all owners who do not seek compensation shall sign a waiver of the right to compensation. r r:. v ROBERTIE:RUEDX $58 14185 SW'CQOTN AVE 6 TIGARD,©R 97224=4951 �}} 24 80/1230 3272. 503-620 5397 0176901726 t, Paytat6e •� (1 Tc� — � 0 Ofderof � Dollafd 2 o.i n: . Ba k. • 3 Walls Fargo Bank,N A -:��we0sfargocamM r F { f t rm ry . WP- DEC ® 1 2006 CITY Or TICrARD BUILDING DIVISION Attachment 2 {b) CITY OF TIGARD ORDINANCE NO. 04-) AN ORDINANCE AMENDING ORDINANCE 04-12 PROVIDING A PROCESS FOR CONSIDERATION OF CLAIMS FOR ' COMPENSATION UNDER 2004 BALLOT MEASURE 37, ADDING A NEW CHAPTER 1.20 TO THE TIGARD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. WHEREAS, on November 23, 2004, the City Council adopted Ordinance No, 04-02 without incorporating the written Exhibit A that had been distributed and directed that a revised Exhibit A be prepared to include specific changes;and .,, WHEREAS;a'revised Exhibit A has been prepared that includes the changes requested by the Council;now,therefore; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION I: Ordinance 04-12 is hereby amended by adding an Exhibit A to that ordinance in the form of the attached Exhibit A. The Tigard Municipal Code is consequently amended as provided in Ordinance 04-12 and Exhibit A. SECTION 2: Because this ordinance is necessary for the preservation of the health, safety and welfare of the City, an emergency is declared to exist and this ordinance shall be in full force and effect immediately on passage. PASSED: By MCL., Dr) ' vote of all Council members present after being read by number and rtie only,this I u_day of J).0 e.m 2004. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this f° day of ,2004. 4CraigDsen,Mayor Approved as to fo-m: 1 � 1 ty Attorney ORDINANCE No. 04- Page 1 L EXHIBIT A TO CITY OF TIGARD ORDINANCE N0. PROVIDING A PROCESS FOR CONSIDERATION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, INCLUDING A PROVISION FOR ACTION BY NEIGHBORING PROPERTY OWNERS, ADDING A NEW CHAPTER 1.20 TO TI-1E TIGARD MUNICIPAL CODE. Chapter 1.20 Compensation for Reduetion in Property'Value 1.20.010 'Purpose The purpose of this Chapter is to provide procedures and standards for claims for compensation made pursuant to 2004 Measure 37. 1.20.020 Definitions As used in this chapter,unless the context requires otherwise:. "Affected property" means the private real property that is alleged to have suffered a reduction in fair market value as result of the City's regulation restricting the use of that property and for-whicll a property owner.seeks compensation for the reduction in value. "Claimant" means the property owner who submits a clava for compensation. under Measure 37 in-accordance with Section 1.20.030. "Decision Maker" means the City Council or any person, board, commission, or other entity to whom the Council has delegated authority to make decisions on'Measure 37 claims. "Regulation" shall mean a provision of the City's comprehensive-plan, Community Development Code and*transportation ordinances. "Restricts the use of property" means prohibiting-a particular use of the property or making that use only permissible under certain conditions. Regulations requiring or setting fees to be charged are not restrictions on the use of property. "Manager"means City Massager or designee. 1.20.030 Claims A. A property owner wishing to make a claim against the City under Measure 37 shall first submit a written claim to the City. A claim under Measure must be in writing and include: ORDINANCE No.04- Page 2 EXI3IBIT A TO CITY OF TIGARD ORDINANCE NO. �.13 PROVIDING A PROCESS FOR CONSIDERATION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37, INCLUDING A PROVISION FOR ACTION BY NEIGHBORING PROPERTY OWNERS, ADDING A NEW C14A.PTER 1.20 TO THE TIGARD MUNICIPAL CODE. Chapter 1.20 Compensation.for Reduction in Property'Value 1.20.010 Purpose The purpose of this Chapter is to provide procedures and standards for claims for compensation made pursuant to 2004 Measure 37. 1.20.020 Definitions As used in this chapter,unless the context requires otherwise: "Affected property" means the private real property that is alleged to have suffered a reduction in fair market value as result of the City's regulation restricting the use of that property and for-which a property owner seeks compensation for the reduction in value. "Claimant" means the property owner who submits a claim for compensation. under Measure 37 in accordance with Section 1.20.030. "Decision Maker" means the City Council or any person, board, commission, or other entity to whom the Council has delegated authority to make decisions on Measure 37 claims. "Regulation" shall mean a provision of the City's comprehensive'plan, Community Development Code and transportation ordinances. "Restricts the use of property" means prohibiting-a particular use of the property or making that use only permissible under certain conditions. Regulations requiring or setting fees to be charged are not restrictions on the use of property. "Manager"means City Manager or designee. 1.20.030 Claims A. A property owner wishing to make a claim against the City under Measure 37 shall first submit a written claim to the City. A claim under Measure must be in writing and include: ORDINANCE No. 04- J Page 2 1. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the property. 2. The name and contact information of the person making the claim, the date the Claimant acquired the property, and, if applicable, the date that a family member of Claimant acquired the property and the names and relationships of family members that are previous owners. 3. A list of all persons with an ownership interest in or a lien on the property. 4. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. 5. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation, and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. 6. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. 7. The name and contact information of the Claimant's authorized representative or representatives,if applicable. 1.20.040 Notice The City shall provide notice of the hearing required by Section 1.20.070 to all owners of the property, lien holders and security interest holders,record owners of property within 500 feet of the property, recognized community participation organizations for the area the property is located, and anyone who has requested notice at least 7 days before the hearing. The notice shall identify the property, state the date,-time and place of the hearing, state the amount of the clahn or statement describing the extent to which the regulations would need to be waived or suspended, the City contact person and phone number, advise of the availability of the staff report and summarize the hearing procedures and nature of the claim. Failure of any person to receive notice or any defect in the notice shall not invalidate any action taken or decision made at the hearing. 1.20.050 Staff Report City staff shall prepare a report analyzing the claim. The staff report may be reviewed by the Community Development Director,Finance Director, and Manager before being submitted to the Decision Maker. ORDINANCE No. 04- -j Page 3 The staff report shall be submitted to the Decision Maker, mailed to the Claimant, and made available to the public at least 7 days before the public-hearing required by Section 1.20.070. 1.20.060 . Decision Maker Proceedings The Decision Maker shall hold a public hearing on the claim. The public hearing. should normally be set within 150 days of submission of the claim but may be set at any time. The Decision Maker may hold an executive session on the claim at any time. 1.20.070 Public Hearing The Claimant and any other person shall be provided a reasonable opportunity to present evidence and argument at the public hearing. The Decision Maker may limit the duration of testimony. 1.20.080 Decision Maker Decision In deciding the claim,the Decision Maker may take any of the following actions: 1. Deny the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property, b. - The fair market value of the property is not reduced by the passage or enforcement of the regulation. c. The claim was not timely filed. d. The Claimant is not the current property owner. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. f The regulation is a bistorically and commonly recognized nuisance law or a law regulating pornography or nude dancing. g. The regulation is required by federal law.- h. aw.h. The regulation protects public health and safety. L The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution,.goal.or other enactment was not enacted or enforced by the City. ORDINANCE No. 04- Page 4