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S 1-80 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 1 ,.re.,r^ •. „;n.k ...,,iS..m;«:i'.'—:-..',i... ,..a�,s.�.J,«M k.':,,,,,, ,,+-..,,:.',.'..um a.i.,.1�eri�� } �' ., .,1.b.,.,,,„„,,,,, ,,,, ;.F+f''w,.�«,�.... .+,.„„ :,,„,..m..m,,.,.:a-». .,,k...,'..,n.r.,c,..t..4 n��,...i,,,,,,,a....,, ,,.,,. P '3 r ;P�t lY it ,J L yi �,41. r. 1{�14,_ i� �( �( n *.,, „....„'.. P7 + y y.,,'....,...,....i. i': .M 1�^` .,,,1 ,R}ton ,i+.!::f P•?' ..i:,,',"`, -.j rndC i... .'tf, ,t ',)t,A;G d •. t•', f, t P ' 1m Kost:.a 'Property S 1-3'0' 0 4; , � ~m ? 13895 SW 104th :ef; CU 34-78, CU 27--x, :�. , n , ' "'' 2S1 2CC, 3101 ZC 3 --7� . . ,�II ....,.>r.».,—;_,.L.:i..................'...,_ ..,, „:. 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Y, `,k ti' •y V i F . ,k;r;4 Yy L', ' Mf ,y” .P ' 41' c SUBDIVISION FILE CONTENTS SEE ALSO e 7: RIGHT SIDE LEFT SIDE .., .._ .....,..— Assessor' s Map Maps/Preliminary Plat Notification Legal Description/Deed ?. ` ✓ Surrounding Property Notice Letter of Authorization 1/ Affidavit of Mailing Copies of Correspondence with Applicant __Agency/NPO Notice Public Input Affidavit of Publication Agency/NPO Comments if Articles/Notices from TT Staff Report(s)–Date(s) P/74-4 DireeteE- bey6LS,'en Application/Narrative /JMinutes of Meetings Afa ` ... _ ► . • _� ALaPlanning Commission–Date SEE a- y AP-City Council–Date Resolution No. Date Ordinance No Date Correspondence After Approval SUMMARY Approved Denied No. of Lots No. of Phases Special. Setbacks , Plat Recording 1 Name r �: Book/Page No. & Date .. Additional Phases Recorded w . (Date) (Book/Page No.) (Date) (t3ook/Page No, ) r., . 1AL/bj S(O61 6P) ww ,'+ ..r i A..r K fifiR1 r. Iw"+..I...+m+i^'t ..r.r..n.•.•..<.u I rL" . k s 'k / C', ' .'.*., :',‘, e FINAL ACTION/STAFF REPORT TIGARD PLANNING DIRECTOR C"6""\NZ) .1 ':. January 17, 1980 i:' City of Tigard, 12420 S.W. Main Street DOCKET (Kosta Subdivision, Ref: CU 34-78 & CU 27-79) Subdivision ���.l�gQ.>:: ,,: APPLICANT: Mr. James Kosta OWNER: Same ,„ 5203 SE 28th , Portland, Oregon 97202 '.' APPLICATION P7 ,; DATE: January 2, 1980 SITE LOCATION: 13895 SW 104th (wash. Co. Tax Map 2S1 2CC, Tax Lot 3101) 4 REQUEST: To subdivide a .61 acre parcel into 6 lots in a R-7 "Single i Family Residential" Zone. PREVIOUS ACTION: '„, On December 5, 1978, the Planning Commission approved a conditional use for duplexes by the applicant with conditions.. (See Exhibit "A") On December 11, 1979, the Planning Commission approved a conditional use for three attached t Single Family units request with conditions. (See Exhibit, "B") '' I. FINDINGS OF FACT: 1. The site is zoned and designated "Urban Low Density" R-7 on the WPO #1•' Plan, 2, The applicant proposes to subdivide the parcel into 6 lots in conformance ' .: with Sections 18.20.020(2) and 17 a 06.015 of the Tigard Municipal Code. No lot shall have less than 4,225 square feet as required. (See attached site plan) 3. site is a relatively f vacant parcel. surrounded by a vacant � The s�... flat, v , parcel zoned R-7 to the north, eastward across SW 104th is a single family dwelling and vacant land, southward there is a single fami ■'....' ' 1• 4 1 4, 4, , c„,..iLifP j ^ ,4 44 4',, ,.. '4,- ' 1 : '...- FINAL ACTION STAFF R2PORT ::', ' ..: January 17, 1980 ., S1-8O ic. Page 2 ,„ . , ' II. CONCLUSIONARY FINDINGS: '. 1. This request conforms to the density limitations of the R-7 Zone (Single Family Residential) and Urban Law Density Residential designation of the ,,.. .- . NPO #1 Plan 4, i 2. SW 104th has the adequate right-of-way width, however, street improvements , ,..... ' ..; are necessary. ,..- , .. 3. All lots are within the minimUm square footage as required. . .. , . , , ‘. . ,• .4. III. STAFF RECOMMENDATION Staff recommends approval of the Subdivision subject to the following condition: ;.. . , ....', • '.. ..i 1. That the applicant comply With and fulfill/ the conditions required on ,• ,4 the Conditional Use Approval of December 11, 1979 - CU 27-79. • . , A, ':.... . u Prepared by Ken A/.3 Approved by Al. ior ',ward c. Assoc4ae City Planner - .,-,To ... g Director NOT2: This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowledgement will result in no further action on this project with regards to issuance of . . '.%:'....: ' Building Permits or engineering appmval. : . ,, • ,. . . . , Signature Date - Nots-4 P.ction of the Planning Director is final unless notification of appeal to the Planning Commission is filed with the City Recorder within 4',.......'. twenty (20) days of the Planning Director's Action. ..t. - . • . ,. . , , -,,•... . . .. . 4 , . 4 •• ..4' :... ...,..', ,4 . ' ,,,.''''' .., . • . ...' ,‘.••■- ' ,,, \ 1 '..' ',.••• ...: ,. t i '• i.'.. , .: ■,... ..; '.... AFFIDAVIT OF MAILING . . - .,,. ... . ' ,........ ... STATE OF OREGON ) ,.. County of Washington ) ss. \.,, ,4''•' , .',.. - City of Tigard ) ,4 .... .'s , Ir'/Viola Christensen, being first duly sworn, on oath depose and • say: That I am Secretary for the Planning Department for the City of Tigard, Oregon . . :.. ,.. ,..., TI.,,at I served notice of hearing of the Tigard Plan- ning ning Commission .' ... ,..-' of which the attached is a copy (Marked Exhit4t A) upon each of the follp ing named persons on the i'2'‘4 , day of 4 , 1.4:ep, by mailing to each of them at the ........ , addre4r shown on t1 attached list ( Marked Exhibit B) , said notice as hereto attached, deposited in the United States Mail on the - day of , 197 , postage prepaid. ... .,..;., ...'.::::..,' 4.:''. ',. • r ., . ,„.„1...„,,• . ...,. ..,.., . 1,1bSorjbed and sworn to before me on the _______________ day of , ` iYao . 44 t ' ■ ' ,,.- ''' ".:-.: ',4.%%A i I 1P"^',0'4, :t ' ■ Cr. • . .'■ 1 ' ' . 4"pi,61\;,..s, . ,,,...., .‘,•:...".., , ./., '....**., ,.','*'', I:: ,""44t. *.• ' '''1."P' ' 46.0.0..." f : ' i: . c:;,%".,';:")' , *"..,,,„4,,,,, „,.:'"4::,, " Notary Public of Oregon ...:. . •- ..1% :P,0,,4,,0..,c 4.t:',4 4,■t,,!,, ,.....; ' onirtii8sion expires: AO-ie.,-e 3 - .. I : .., ... .., . , , , . 1'. ' ' ' * *". '' , - ,.. '. , " ; , , ').' ,, ', . ,, li.,'.., ". ' . ' ' sr , r t,kisrvtadB Ilk ' , gr,764/C:4":14(4(4e5 �F{ ...,...,....,.....�.............»..,a.,... ,...,.-t.......,..w_»..a.�.i!'.._,.�.,...,..- ...,��r..._.... a.,.... ,.+:.,_,.......+.,....—..............W�.—r>„'.««,............,..-.,w ...t....,��,......._.,...,.,_,,..,..,.4A..,.. .,....,..«......,,.,...._,.,.,.,_...._...,...,_.._...a•-_........_...,.s ...,......r..,.:._..,.. .. .. - - 1; , { CIVi10. .. 1G ,,,A mi.,- a, �• P.C.Box 23397 12420 S.W.Main Tigard,Oregon 97223 a .;. i ti ,. FILE # S 1-80 Jim Kosta File 1 ',' TODAY'S DATE 1/3/80 __ _W__ + FINAL ACTION DATE 1/17/80 ' ..', Dear Community Member: should be of interest to you. ,';,�`�� TYie enclosed site plan shoal y • Specific p1anS tor this property are available in this office for your review. Written comments are encouraged. Please submit „›4 a correspondence in advance of final action. Note that the final '' ;'' action date is stated above. , If you have any questions, please contact the Plann .ng Depart- texnt at 639-4171, Sincerely, ./&;//c:ft;',F,/6/1 I•..r;.;+ Ken Selby, to,,' Associate City Planner • ,,, X.Svmc encl. M 4 n :�.7 sty:.u4h", vw .,.,�nc r.ti.:,xwr..ti^�....:x7xatarar.c.,a•. vnir pp.»o'M.r""+�1�'�,`" m7> .,���pc-, I'�;",a" `"+, ` a nwtyllwwnl+�+ L�IVee:Yu% ..(y �1ylr e ."....T..,k,7.r^",...1 �,4. {�. ! 1 t� 4�, ■ i ti' 1119111,10 ; � I•,, �• ry� ' � . ■ ill U„ r .' ; ,`' , . w 1d* %;�N II ■ i � 4„� .Ay .: ' - V",iilkS_la ...____.sir ......,„ ,,,, ... .1_0,.. . 10 �- ... , `. ,, a EL` :�' I � , • `'I• 1.• '. ■/ 11111 - ■ ♦ 44 / \,RE 9E 1 ik,70Vs$■*fsivt:raimitil*:444, IIII”4 . / .( 4 ;II;; • 11 .Teas, 04 4`s, �4,��MItflE C ,' /*Nr /-,.--,---„,,,, /..-...,---- ,.., %; , , . . !�rim t;.!2!r= ,.•: 100: $iv♦',It:. ,� . ,_, ;. 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LOCATION: 13895 SW;104th :"'L N. ` io. rr i LI REQUEST: To subidivide on • r r m rl O/: 1ot>30 014 square Feet into .t µ s s � 6 parcels I - ..m..no Mai va �■ �1i11� ' !q ■ .3,' ..:,.."' . ir ::),-\\'' . 7104 40 1" , -“.—,-- --- f-2.."A:P y"� , 1 L .45'4 _ '4'p '4a 3 A, ,A.ll� i� . „�; �L+t r. «.. Any' .++.� �..r�-i 4�a.. .+.� 4.—.• ...�.4�• r rll ILA 6 w , Or it W ` r !I . y ,,WI- ,,4. _ '..,. ,.-r,; i'aC:,m-..;.'k,.+� .«y..,...+..,::::,F L.m.,i::j� ,�.P,..r.1,:;.;u,..-.,,wx*xara....rwuca'N,YL1 Y•:.:,t`9>"xr'�'t'�'�}%'A'��4K3. 'Liki`A r,...:. , � M ,. « ., � ry'• ,wwT'v.•..5.T6 e�m.'++, "'W=,C...�Q:T-yM,r.,ua,«, .. I�• ■ S �_!_ �'-4 :._ -. .�.i.. .!_..._ ' _o ' _... s 9 1 ..''.it r 'k^4 � _ .-. . • .L t.• lulYr I..>. ...� , • kli•f trk I - , ( , : p 511°S'K* if ew era . t .- r ■ --- -..,. ,i. .....,..,..-1. ; ,,..'..-e-. (.._t_....72.6.17.6:„?, L-e'?c,.,-..z..: ,...;e.-1P/X: 4.. .c..a.,,L9 . I • • �� �. V ++- , r/ r ��0j.� '4 .�1 ,.,42-r- •GL .f •+r , , t:(`C l l,^i_,a ��'\.:-.a•... 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'i, n . . x 1 , '�t•• _.. � � i, . .� _ _, ......,.............+,K1w. i ,...•.lw..-. y ,�.....x.y_...nl...,.n,...ua....�....... ._...,.v. u. ..�• .�._ :. 4 •• r;=" ti,'''''.i • Ay i.,. J p. 1 ..,,,..,..,...,........,.,•• „.-...-:‹). 5 ' •-; 1 1 j r-4 /.)f_'?A't`?. ..�r;..'2 a i f'(} r''L,1, /9,3 -.- / i/ /2)6 ..Lir L•/C .... _, L-C f d;a:12,C' ai,,i,LL7 2. : —, , „ n a : /C2' ' /".' 6 )/} 1 c/2,-)/c.. 4'7 Ci4.- \\,... . i 1 ,c-Li . ,L,'') '‘' (C, le'ile,<.. .: C':', _72/0/ , 1. ' t.': 'fir L ')` (r1°.‹,..•to.'2 ,���/'`,p)b,. ••••..r:•�`•+"'-6 •/... ._ .._«_.... 1'CO l .'/../ C"�+ .+�^, r'/�'r/' .• '�'• ._ti (,..(_'C.C. )i•C.L./'1'LG.2, :U. L.0 ..4,.4,;4. . 5....4515C. .r .5 C �.: Ce .1)G1 Le'LI ). • •I.. tL v,,.e, 1 , . . ..“ts. ..,.. ,,,,/_./ 7,, c , ,,,....... ........, ("4,,,/ C.,....r.fC-L/1" /) / " '• , ':17),6(. '' ..c./.. .72,2,,,-- , ,. c.,....`» °c•^t . .._.,. `l 4 ,G.' 1 j, 1 :aC'cc #AJT ,. • ...__ . . ._. _.. »., . . 1 'r .= ,) .+ y r y� r f `' ,, C : � I � _4 „ ��"' L 't_■ Ir R h ) f•a r) ` ) / < r I r i i W:. ,C ) / � 4 ml � �J J . .. wFx ...•.4., 1 . 4 ' I \,c...,-.,1, ...4 e,21. .t 1' {l H . .1 . .,»■ .. ., A•awn. •. 1, i• Nit., a i v. wl/.» .. -, a k _x»r.w.•a ry ', 1'' P t ,Y: „_.._. r .; n �y '.: «"' •� ti,a¢�Jn.w.�rasuu•.F �.�.�r a.4:''-!T, rn,;:as�,..»,u, �V" '��' k� r y + 1 t "4 ,%•!' Y,Y e i:h.'^ t ' «4( �- ' w�.,.. ■ .. ..'•�. "r`. '-.I f"I 4+.'� ,Ids, l' nT• L F - '� •7.i , ♦µ C I.1., ,A. M *b .. • l '„„„„- „;-*„ 1 The "Contact Person" named in this application will receive all major correspondence ,4:„.„4pm„,:a: from the Planning Department and that person is responsible for providing same to owner, . '1, :=‘,„ architects, engineers, consultants, etc. „ :N. *. -,,,',?„ In this case the "Contact Person" is: ' ..\. ..„' *. ,1' • •',1 I have read this section and I agree, as the "Contact Person", to provide all information „, to other persons with an interest in this project:. SIGNATIP.IE DATE PLEASE PRINT IN INK OR TYPE *. ' . ''- - APPLICANT'S ADDRESS: -3 c>2.3 S'F' S',,2,-.4—d,42re..... Caz2:141, C? 7...2./C4, '.'' „',''''.„ OWNER'S NAME: a i 03, t4.....,../Q.,1().. ,C1.--"Geie2,5— PHONE (BUS.)" . SIGNATURE OF OWNER(S) ' „ '''' S'N-Grattri --71--- . 141 S 1,,Z,/ - LAND PROGRAM %,, . ...0,., APPROXIMATE AREA OF EACH LOT: LZ ' ,, '':,'• LIST UTILITY DISTRICT PROPERTY LOCATED WITHIN „ 2 . ', '• ' P '' ( (I ;',' , ., - t,11.7,,,,,, 404',1r., CITY OF TIG :*) .„ R • : :,,, ,-,,;,,-.:„ a , . . .. ...,, ... . P.O.Box 23397 Mr. Jim Kosta 6131 SE Milwaakie ) Portland, Oregon 9720a ,., Reference: Conditional Use CU 27-79 . . . Please be advised that the Tigard Planning Commission at their regular meeting of December 11, 1979, approved your request for ''. *., ,* a Conditional Use Permit to construct three (3) attached single '''''',-.., : family units on a .61 acre parcel zoned R-7 "Single Family Residential" at the above referenced project . This approval is subject to the following conditions : 1. That the owner construct full street improvements on SW 104th to . Local street standards from the southeasterh corner of the site .., , - . north to the intersection of Hillview Street prior to issuance of Building Permits or post a Performance Bond. 2. That the required construction and drainage plans be submitted . ' ..' ..':'. and approved with the necessary bond agreements to the Engineering and Building Departments prior to issuance of Building Permits. - ;: .. ' 3. That the landscape areas be bonded and receive site design approval. 4. No Occupancy Permits Shall be issued until all conditions placed . upon this development by the City of Tigard have been satisfied , , . and inspectioos verifying this have been carried out by the .-. .1. appropriate department . 5. No lhanges will be made to approved plans or specifications ,,, ,,,, ) unless formal application is made to the appropriate City depart- ment and changes are approved by that department . Application ' % for changes will be made in writing and shall include applicable ' .. 6. Public water service and sanitary service shall be installed , t to this site prior to the issuance of a Building Permit, ',.t ' - ' 7. All existing or proposed utilities shall be placed underground. r,-.. ‘. , Street lighting installations shall be approved by the Public 8. That a preliminary subdiviaion plat be approv.ed prior to issuance of Building Permits. .... _, .,.. I . ( . ,• ■,' ..7 , \ ■ 1 A The Conditional Use Permit shall expire in one year from the date of 'n.. ,n2 approval, if the use has not begun and continual progress toward its , full operation is not in evidence. If we can be of any further assistance, please do not heSitate to ,,,,.... contact this office at 639-4171. ;, ...:: 0 Sine ;127/ 4 = '..'; = .....--"---- -- , . ..2 , eTrnr6.-.1" ,...,.., . Pla , rr1f Department ,..n„ ., AHvme • ,n, NOTE This acknowledgement must be signed and returned to the Clty of Tigard, Planning Department. Failure to return this Ctty ;,. ....i'' acknowledgement will result in no further action on this project .,. =,. with regards to issuance of Building Permits or engineering approv, ..4. lk / i ---1 ) V ' LI_ __ ...... _ Signature Date , n2-..- ■ . ' Special Note Action o the Planning Commission is final unless ....: 4 notification of appeal to the City Council is filed with the City Recorder within twenty (20) days of the Planning Commission Action. . . n,nn. . .. .. '4,„,,'■ is, ;';', fr 1 . • '' 4 . , , 'ti " ' •' 1 . ; ''' r" : ■ ". '''A " " .. ' ' '' . "' - .. ' V . ,t r :- '' . ''.. ( BY-JAWS tV, ,M OF ° TIGARD SQUARE HC OWNERS OWNE ASSOCIATION "a „: ::' . ARTICLE I The purposes for which the Association is organized are M "- 1. It) oven, operate and maintain n all carder areas, within the Tigard Square_ Subdivision. 2. TO enforce by court proceedings, or otherwise, conditions, ` restrictions and charges at anytime created for the benefit of Tigard Square , the lots and tracts therein, and the owners trier f, or to which said property or c ,. `, any part thereof gray at anytime be subject, and to pay the expenses incident to ry srt the enforcaDent of the same and the collection of said changes. , J 3. To fix the annual charges and assessments to be levied against each lot for the purpose of operation and maintenance: of the property within � T_ard Square. t. / ,; •'r . I.. 4. To pay for the administration and and enforcement of the rights, `�" terms and conditions of the "I laration of Covenants, Conditions and Restrictions of the plat of Tigard .,Square . ARTM;:1 II ,��;� M A IP Section 1. Qualification for arethershi in'this Association shall be ownership of a building lots Holding of a contract of purchase shall be considered ownership ( for purpose of membership in the association. .i oTi 2 Membership shall transferred or divided by � sn this .Assooaat�uor� snag the transfer of tom, ownership of al:l., or of the property to . �' ownership �'�. p � �,' which the, ac-- ship is apertlncat. ■ s, Page 1- 131C-LAWS OF ASSOC3ATION .. l b ,.,w:�.M„..... _a'.t,.,�„,.,+ ,,i U ,, t„..,a xttm t•�z../101.1..",11,V,i`ik” a 2::.," �i-v."1A.,...,...,,.„, y 4A W,.t'rinkm.'�:trM�a ,vy.. , . i � Y t I 1 ' .K. Section 3. Each bui 1, ,.ng lot regardless of the nvAt of owners Shall be entitled to one (1) vote for the purpose of voting on association business. ARTICLE III t.. 1 OFFICERS • Section 1. A property manager shall be the only officer of this ,Association. Section 2. The property p manager shall be eleot-ed by members of the Association. \ Section 3. Duties of the property manager: 1. General supervision, direction and control of association business 2. Preside over, and keep full and complete records of assocaition meeting. 3. Safely keep all funds of the Association and deposit same in such bank as may be designated by a vote of the nembership. 4. .Additional duties as may be voted upon by the membership. Section 4. The property manager shall not be ccn persated for his work ©n association business. ry ARTICLE IV ID la Die"1 IP MEETINGS Section on 1. All 'meting of members of the Association shall be held at a place designated by the property manager, but not over five (5) statue miles from the develoment •, Section 2. A ;membership meeti will be called by the property manager as often YI 4R 1 I as is required to „properly conduct business, but never shail more than twc.._.ve (12) months pass between meetings, Section 3. All maters of the Association sha11: be notified in writing at least seven ( days pr ior to a m tersn i p meeting. Section matters of business u ` a � mil, mat. z�cri require p `vat shall be decided by not less .. :� �, e, memebe than �--ibixds Note of �- sl � rshi� Page 2 1.1Y x,. ,tI Dr AsSOCIA11014 • M.1'{hh-.:m1J.,,.. .,w'.,.ril • , 1 •.,,n,Wr y x7:ASFi•'"�R''+.rFm` �.'br44:+y^iGRROG '.%%1•Khuh C5.� 4 .. .. .. ,...,, M•. ov v«-•-i^f �'�,..,.yr R I:}1si 1 ...r.' 1 . «a.a';:�w+rya pa{I,uw.,aA.....;.fw»«..:«.y... n*�.+�ww:-,:ice 6.,,,, . .. �o , e 1" ' r ' • ARTICLE V VOTI UI ' IS Section 1. New BY-LAWS nay be adopted, or these BY-LAWS may be amended or appealed by a vote of the membership at a,duly called and held membership meeting• Section 2. No funds in excess of fifty dollars per month shall be' allocated by the business manager without a vote of the mexship at duly called and held -membership meeting. Section 3. No building of any kind including, but not limited to, barns, sheds, garages, lean-tos, coops, etc., shall be erected on lots one (1) through six' t. ('6), such that is visible from any other lot or common area without written authorization from the association, following a vote of the membership at a d n l y called and held membership meeting. ARTICLE VI The annual charges and assessments to he levied by the Association against the lots in Tigard. Square shall be fixed and established prior to the first day of February of each year, and such charges and assessments shall coves' the ensuing twelve (12) month period ending the 31st day of January of the folk:wing year. Each such charge or assessment shall be due and payable on the 15th day of April in the year in Which it is fixed, ank" if not by then paid, shall thereafter be delinquent uent and bear interest at the rate of 10% per annum. Within' 120 days after delinquency, the Property l4anager of the Association, in c onform ty with the lien laws of the State of Oregon, shall file i n the office of the County Clerk of Nbltnc h C lnty v State of Oregon, a statement of the amount'' any charges of or assessments together with interest as aforesaid, which have became c3eli.rquent j• with respect to any la t- in Tigard Square subdivision, and upon payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate'amount of such assessment with interest as aforesaid shall constitute , a lien on the land and the improvements from the date. the notice of delinauency thereof is filed in the office of the County Clerk, until the same is released as herein provided. Such lien may be enforced by the Association in the manner provided by law with respect to a lien on real property; and in the event of foreclosure of such lien, the property owner shall be liable for the costs and disbursements, including reasonable attorney's fees, of Declarant or of said Association, all of which costs, disbursements and fees, shall he secured by such lien. The purchasers of lots in Tigard Square subdivision, by the acceptance of deeds therefor, whether fran Declarant or subsequent owners of said lots, or by the signing of contracts or agreements to purchase the same, shall become personally obligated to pay such charges or assessments, including interest, upon the portion or portions of said lots purchased or agreed to be purchased by them, and shall - a thereby become subject to the right and power of the Association.to institute proceedings for the collection of such charges, assessments and interest, and the enforcement of the lien securin g the s o Such rr ig h is and power s shall continue \� in the .ssociat-. .aex, and suchohligations shall run with the land so that the successor owner of reoord of any portion of said lots, and the holder or holders of contracts or agreements for the purchase thereof, shall in turn betxare liable for the payment of such charges or assessments tether with interest on such as nay have become delinquent. Delinquent charges or assessments, together with` interest, and the cost of collection, shall be a continuing lien a � on the property aal shall bind such prbperey in the hands of the then owner or contract purchaser, hid heirs, devisees, personal, representative and assigns, The personal obligation pay. of the then .r c�x"it.ract purchaser to such charges and assessments shall f Page 4 .�° ' .ASSOMIaor.4 1 1 ' .q, ....L,:. ..ra .. ._ a,.a.w._,,...c .., ....... .... ..+..r.rw.r ,,.,t u.-.- .s ........_a..r-.....a........._......_.......a.f.-.s..r..x.._...._.r.r n. ..1__a..,.r...x A.Am»t r....a ., . ...., ua...rars,.......r a....ri..... __...... . _ remain his personal c( tgation for the statutory per; i and shall not pass to his successors in title, unless expressly assured by tin and 'approv i'by the Association. Any sale or transfer of said property pursuant to a decree of w 1, foreclosure or any other proceeding in lieu of foreclosure shall not relieve such property from liability for any charges or assessments thereafter becoming due, nor from the lien of any such subsequent charge or assessment. ARTICLE VII The terms and conditions of the Declarations of Reservations,. Restrictions, Conditions and Easements affecting the Plat of "Tigard Square are incorporated in these By-Laws, and in all cases where there is or may be a conflict between the two documents, the terms of these By-Laws shall be subordinate. ARTICLE VIII AMENDMENTS 1 . These By--Laws may be amended at any time at a meeting duly called for the purpose of amendment, provided the text of any such amendment is included in the notice of the meeting . No amendment of either A °, these By-Laws or of the Declarations of Tigard Sq.: shall be effective without the unanimous consent of all said first mortgagees having a security interest by way of mortgage, trust deed or any other similar security document in or on any part of Tigard Square These are the current. By-Laws approved and adopted by the developer and owners on the day of , 1979. f � 4 w Page ,� �- B t g BY-LAWS r ASSOCIATION _,ter- .-x L sf r..,;.:.. .Wr.+a, ,.....,»,..::.--..« _, .Y.., •,..urw.'.....nni..vi,xt:.;.u+..W,m1xa«..r....-.w..,,«x:mn»J+. ,..,z., w.:.',^A4M.t.0 .r.r .._...a. « • 1 I r �' Mr _ DECLARATIONS OF RESERVATIONS . RESTRICTIONS, CONDITIONS AND EASIMEMn • AFFECTING THE PLAN OF TIGARD SQUARE IT BEING ACKNOWLEDGED THAT , • are the present owners of all real property included in the Plat of Tigard Square ■ • WITNESSETH : The Declarants hereby impose upon the said property, in the form of perpetual covenants running with the land, the following general scheme of reservations, restrictions and conditions upon the ownership, use and occupation • 1 of all lots therein, the same being as required by the City of Tigard pursuant to the decision of the City of Tigard, • ease number ' . , on , 19 and intended to create easements and to confer reciprocal benefits and servitudes upon all successive owners of the lots deriving title through the Declarants, whether the covenants declared hereby are mentioned in the future contracts of sale or conveyances of the lots or not. WHEREAS, Declarant desires to provide a means of maintaining the common areas and facilities and administering and enforcing the covenants and restrictions hereinafter created: and WHERENS, the Declarant desires to construct a single family residence and garage on each of the Lots 1 through 6 and to convey title of Tract "A", the common • ' area, to each,owner of Lots 1 through 6 as a tenant in common with the other (14ners, and all of the conditions, feservations, restrictions, tights and rc,-me • dies are intended to inure to thot benefit of each owner thereof. Page 1 - DECLAnATION • . f • . ;1 . 1`( • (x • ARTICLE i PRDPERTY :;t nuirir TO THIS DLC LARrirIOI: Section 1. The land set forth and described hereinabove e r ARTICLE II 4 • ' DEFINITIONS 1 Section 1. • A. Building Lot -- Means each of Lots 1 through 6 of the fiigard . ,, Square Flan includipgadriyeway pavement on common area, a tecorded plat in Wash. County on which a single family residence shall be constructed by the Declarant. • \ B. Conran Area - Tract "A" of Tigard Square, except pavement for driveways. c. Owner - Means any person or persons having the legal title or . equitable interest in a building lot except that owner shall not mean or include anyone renting or leasing any property in the said plat. D. Maintenance - Means any work required in order to keep'the common area in compliance with Article VI and the applicable laws, ordinances or regulations of the Local governing body having jurisdiction over the subject • property for the upkeep of private property and including but not limited to land- scaping, removal or trimming of trees and lawn cutting, and to which at least three building lot owners have consented in writing prior to performance of the work. E. Capital Improvement - Means any physical improvement of. the cannon area which is not considered to be a maintenance item, as herein defined, the cost of which is herein dpf fined, the cost of which is agreed to in writing by all the owners of record of building lots in this subdivision., I3 -, Meals city g I.oca�. Cc��;rn�.ng ot3y or any other C �.t of� Ti; a� go exnmental unit having the authority to regulate the read property described in this Declaration Page, 2 - JF T TI(N » 1 ) m • a • ,. • .. G. FA'.-.ply Recreational Use - Means reasonable use 01 Ur• I. paveu common areas of aract ''A" of said plat which is not a business use and In: which the common area is reasonably suited, considering its size and proximity t, residences. Such uses may include, but not be limited to: picnic tables, bar°teque pits, children's swing sets and other neighborhood park-type uses. ARTICLE, III PROPERTY RIGHTS Section 1. All present and future owners of a building lot shall be subject to this Declaration. Section 2. Each owner holding legal title to individual Lots 1 through -f shall receive title to Tract "A" which is the common area of this planned development, as a tenant in common at which time the future disposition of said common arep shall be subject to subsection t- .:11:. ,0rainancce-No. ____ of City of Tigard. Section 3. Each owner shall also receive a right and easement in and to the common area and such easement shall be appurtenant to and shall pass with ti the title to each and. every of the Lots 1 through 6. Section 4. Any owner may delegate his right of enjoyment to the comror. area and any facilities thereon to the members of his family or his tenants. Section 5. Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the common area free and clear of encumbrances and liens on the next business day following the sale of the last 1 unsold building lot. A lot shall be considered sold when the buyer acquires the • fee simple title through a recorded deed or receives equitable . � uinp g title through execution of a land sale Contract. The purchaser of a building lot shall receive an easement of ac ess for Tract "A'', at the time of purchase, which shall merge into the deed to Tract ''A" at such time as all the building lots have been sold. Page 3- tC A_RATION +�. .w..sa,.. u....,sw:l..ww.wro.u....-_,..,•t.S. cfi`,: .e A.y..r way.. ..'..v... ... .....:...: .s..+o.^r:..�;.W�raae.:'..y.:.. t:,�rael.t'nv AYC+wM�wµ*xt.... r'a'�YC..i .-.--r:.::t=^r..C.aCwrsUSSSS;=y"w \ .,Wr..n 1-..w.1_.., ,..ra.r r ,. ,.• i, a,u-a..,..r. u.,r...........- .L:r......,..na.r.+ ._.., n,..r.G.4.: ............w—,,.....-.r... ... r.., .- _r•r-...r s.va.c.. 1 Sect�?.on 6. The property rights of the owners herein are subject to t following provisions: a) Eacn owner hereby has the right to construct or have construct::. in the common areas: additional cesspools or dryv lls as may be required to maintain his/her waste disposal and storm water disposal systems in an operable condition. b) All or part of the common area may be dedicated or transferred to any public agency, authority or utility for such purposes and subject to such • conditions as may be agreed to in writing, by unanimcos consent of the building lot owners. c) Each owner, however, hereby agrees that at such time that a sanitary sewer system is b tilt, the owner shall connect to said system and shall not. remonstrate against the assessment• for such system. ARTICLE IV MAINTENANCE OF CONNDN AREA Section 1. Declarant shall be responsible for maintaining the common area, until such time as all building lots have been sold. Section 2. Each building lot owner of lots 1 through, 6• shall be responsible for maintaining Tract "hq the common area, and for one—,six' : :of any costs thereof. Said cerrynon area shall be maintained, at a minimum, according _o the standards of the local governing body. Section 3. Any assessment for ma ntance of the common area shall he due tind payable vithin thi.rtyF days fran the date such maintenance is completed, and Shall consti .ate a lien on all lots .ect• `AX ASSESSMENTS FOR N AREA Section la At such time as Declarant conveys Tract °A," to each and every Page y DECLARATION is �^...,.+ +'uc'.-•3. ,:':-mom�w u._..u..::,:v t,.r to u,.... •e.••^ 1..., ;.r.- , ••,,wr,.r„e.t a+rmmn.,c.,arrevsmw.rnr a+tanw+wu2•?rt+*au+n'.*,drn+tsMxri_r.";:.r4......:�...e-.�..i�+ ra. ,lLUv n M mner, pursuant to Article III, Section 5, said owners shall be resnonsible for • all future taxes to be assessed against said Tract n and in addition to nnv unaccrued maintenance costs, the taxes to be prorated as of the date of conveyances Section 2. Each owner shall bear responsibility for one-sixth of any taxes lawfully imposed upon Tract "A% Section 3. Any assessment described in this Article which is not paid when due shall be delinquent. Any such amount, together with the interest and • costs of collection, as described in Article t or , shall be a charge on the land and shall be a continuing lien on the against which each assessment is made. Each such assessment, together with the interest and costs of . .4 collection shall also be the personal obligation of the record owner of the proeprty at the time that the assessment fell due. Section 4. If an assessment or capital improvement cost is not paid when due any such amount is delinquent and shall bear interest from the date of delinquency at the rate of ton percent per annum, the owners who have paid said amount may bring an action, or suit against the owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount any attorney's fees or collection costs, such as fees for the preparation of liens and filing costs for said liens and in the event, obtainea, • reasonable attorney's fees to be fixed by the Court, together with the costs ot the action or suit, in addition to any interest on the ant ARTICLF: VI • PERNEMITED AND PROHIBITED USES OF Ca•VION AREA. • Section 1. No use shall be made of the pave common area other than for the parking of private passenger vehicles in parking spaces so designated. Only family recreational uses of the non-paved common area shall be permitted. Any other uses of such common area must be agreed bp by all building Lot ainers itk wiitirig and approved by the local governing body, if necessary. Section 24 No garbage, refuse, rubbish, orouttings shall he deposited , on or left on the common area tnless placed in a container suitably located Page 5 - DWLNRATION r ■ 4. • and screened from pul„.A.ic view. 4, Section 3. No signs of any kind , nor for any use, except tilos(' rt- yuired by law shall De erected, posted, painted or displayed on the common aru„.. Section 4. No accessory building, including, but not limited to • barns, sheds, lean-tos, coops, etc. , shall be erected in Tract "A". In addition, no such building shall be erected on Lots 1 through 6 such that it is visible from any other lot or canon area, without the owner of said for receiving written authorization fram the other property owners and the appropriat . local government. Section 5. There shall not be allowed any running of non,damestic • animals on any lot. ARTIM P. jn MORTGAGEE'S PROTECTIONS Section 1. The first mortgagee having an interest in any part of Tiga-ta-square shall be entitled to written notification from the as6cciatior. ,f• of any default on the part of any owner or individual unit mortgagor of any obligation or duty pursuant to this declaration or the by-laws • • I of Tigard Square. • Section 2. First mortgagees of any unit or any part of Tigard Square who obtain title through foreclosure or the receipt of a deed in lieu Of foreclosure shall be exempt from all rights of first refusal, and shall not be liable for any such foreclosed or deeded unit or parcel's • . '1; unpaid dues or charges accrued prior to the acquisition of title by said mortgagee. Section 3. Abandonment, partitioning, subdividing, encuMbering or attempting to encumber, sell or transfer common elements shall re- quire the written consentof each first mortgagee having security in • any part of Tigard Square. The method of determiAng the obligations, at- Page 6 - DECLAATION • sessrents, dues and/or other charges which may be levied against any ' part of Tigard Squaremay not be changed without the consent of each sail l first mortgagee". Section 4 . Hazard, insurance proceeds , on account ,of losses to any part of the said premises or improvements located thereon which b are deemed common property shall be utilized for the repair, replace- anent or reconstruction thereof unless otherwise approved, in writing, by each said first mortgagee. Section 5. All said first mortgagees shall have the right to examine the books and records of the associatio n such reasonable times as may be necessary or appropriate. " Section 6. There shall be established an adequate reserve fund for the maintenance, repairs and replacement of allvimprovements in • respect common areas, which shall be sufficient to keep all improve- . ments located in and on the common areas in good condition and repair throughout the term of these covenants. Section 7. All distributions to unit owners of insurance pro- coeds, condemnation awards, or the like, shall be paid proportionate-- . 1 . ly against each unit entitled thereto, as follows : First priority to said first mortgagees of the respective units, and secondly, to the payment of association dues and assessments, and thirdly, for the • ) . account of the owner of the respective units. RTICLE VIII. =Ti;VE:4_AL PROVISIONS , • Se ctonl� ~ac� E.hal W maintain liability insurance to proterlt said # »3 iris ari5ing from is existence or PaoiL iwiW M«ra..A»uWi15�a �'l.Nmi. .x—ry..�....u.Y-,...l..y..fnm u• " ,..,... ..,,....... " .w Mai x s a-w.++...R.�awTa.er'fPer �x ... Y3F•y...--Aw uu.. .»..xa.' .4.... � M. r._,4.�A.. � • • A • �� m r• . a 0 use of the common area, said insurance to be effective on the date. the last building lot is sold as in Article III, Section 5. Section 2. Any owner may enforce, by any proceeding at law or in equity, a restriction, condition, covenant, reservation, lien or charge now or hereafter imposed by this Declaration. Section 3. Invalidation of any one of these covenants or restrictions by ,j udgraent or court order shall in no way affect the other provisions of this document, which shall remain in full force and effect. Section 4. These Declarations, Restrictions and Conditions may be amended at any time at a meeting duly called for the purpose of amendment, provided the text of any such amendment is included in the notice of the meeting. No amendment of either these declara- tion,s or of the by-laws ofTigard Square shall be effective without the unanimous consent of all said first mortgagees having a security in- terest by way of mortgage, trust deed or any other similar security document in or on any part of Tigah Square. Section 5. Membership in the association is mandatory and is not severable from the rights and obligations thereof. No owner may waive his or its right to use the common elements nor shall any waiver extinguish any owner's responsibility for the payment of dues assessments and the like, provided in these declarations. IN WITNESS WHEREOF, the undersigned,' being the Decclarant herein has hereunto set its hand h s . ds.y of 1979. ,� and seal. this page 8 - DEC I :.R. ,TZC N .A • y . STATE OF OREGON ) ) ss. County of Multnomah ) Personally appeared before me. . and acknowledged the foregoing 'instrument to be their volun- tary act and deed. NOTARY PUBLIC FOR OREGON A My Commission expires: STATE OF OREGON ) . ), ss. County of Multnomah ) Personally appeared before me W and acknowledged the foregoing instrument to be their volun- tary act and 4,,ite d NOTARY PUBLIC FOR OREGON • ,. My Commission expires : . r 1. k y 'age 9 �- DECLARATION ION i _ r , ., ,,,,,, ; :.t- -' 4 xNlvm awc.M+.u•-wt(ati#z�"AUw'8�:+prc+h?w.. iw........-y...._,...«n:..............-,:1.. xw. ,